BETA

Activities of Kira Marie PETER-HANSEN

Plenary speeches (24)

Employment and social policies of the euro area (debate)
2019/10/10
Dossiers: 2019/2111(INI)
Gender pay gap (debate)
2020/01/13
Gender Equality Strategy (debate)
2020/02/12
Digital Finance: emerging risks in crypto-assets - regulatory and supervisory challenges in the area of financial services, institutions and markets - Further development of the Capital Markets Union (CMU): improving access to capital market finance, in particular by SMEs, and further enabling retail investor participation (debate)
2020/10/07
Dossiers: 2020/2036(INI)
Fight against money laundering, following the FinCEN files (continuation of debate)
2020/10/08
Economic policies of the euro area 2020 - Employment and social policies of the euro area 2020 (debate)
2020/10/21
Dossiers: 2020/2079(INI)
Social and employment crisis in the COVID-19 pandemic and the EU's response in the Recovery Plan and the MFF (debate)
2021/01/20
Reforming the EU list of tax havens (debate)
2021/01/20
Dossiers: 2020/2863(RSP)
Challenges ahead for women’s rights: more than 25 years after the Beijing Declaration and Platform for Action (debate)
2021/02/10
European Semester: annual sustainable growth strategy 2021 – European Semester: employment and social aspects in the annual sustainable growth strategy 2021 (debate)
2021/03/10
Dossiers: 2020/2244(INI)
Action Plan for the implementation of the European Pillar of Social Rights, in preparation of the Social Summit in Porto in May (debate)
2021/03/10
Reforming the EU policy framework to stop tax avoidance in the EU after the OpenLux revelations (continuation of debate)
2021/03/10
Digital taxation: OECD negotiations, tax residency of digital companies and a possible European Digital Tax (debate)
2021/04/28
Dossiers: 2021/2010(INI)
Follow-up of the Porto Social Summit of 7 May 2021 (debate)
2021/06/09
Women in politics – combatting online abuse (debate)
2021/06/09
One youth, one Europe (topical debate)
2022/02/16
Suisse Secrets - How to implement anti-money laundering standards in third countries (debate)
2022/03/23
Strengthening the application of the principle of equal pay for equal work or work of equal value between men and women (A9-0056/2022 - Samira Rafaela, Kira Marie Peter-Hansen) (vote)
2022/04/05
Dossiers: 2021/0050(COD)
Strengthening the application of the principle of equal pay for equal work or work of equal value between men and women (debate)
2023/03/30
Dossiers: 2021/0050(COD)
Strengthening the application of the principle of equal pay for equal work or work of equal value between men and women (debate)
2023/03/30
Dossiers: 2021/0050(COD)
Banking Union – annual report 2022 (short presentation)
2023/07/10
Dossiers: 2022/2061(INI)
Tax the rich (topical debate)
2023/07/12
Role of tax policy in times of crisis (debate)
2023/12/11
Dossiers: 2023/2058(INI)
Role of tax policy in times of crisis (debate)
2023/12/11
Dossiers: 2023/2058(INI)

Reports (3)

REPORT on the proposal for a directive of the European Parliament and of the Council to strengthen the application of the principle of equal pay for equal work or work of equal value between men and women through pay transparency and enforcement mechanisms
2022/03/22
Committee: EMPLFEMM
Dossiers: 2021/0050(COD)
Documents: PDF(373 KB) DOC(168 KB)
Authors: [{'name': 'Samira RAFAELA', 'mepid': 197868}, {'name': 'Kira Marie PETER-HANSEN', 'mepid': 197573}]
REPORT on Banking Union – annual report 2022
2023/05/04
Committee: ECON
Dossiers: 2022/2061(INI)
Documents: PDF(199 KB) DOC(80 KB)
Authors: [{'name': 'Kira Marie PETER-HANSEN', 'mepid': 197573}]
REPORT Role of tax policy in times of crisis
2023/11/07
Committee: ECON
Dossiers: 2023/2058(INI)
Documents: PDF(217 KB) DOC(80 KB)
Authors: [{'name': 'Kira Marie PETER-HANSEN', 'mepid': 197573}]

Shadow reports (21)

REPORT on employment and social policies of the euro area
2019/10/07
Committee: EMPL
Dossiers: 2019/2111(INI)
Documents: PDF(209 KB) DOC(72 KB)
Authors: [{'name': 'Yana TOOM', 'mepid': 124700}]
REPORT on the proposal for a Council regulation amending Regulation (EU) 2017/2454 as regards the dates of application due to the outbreak of the COVID-19 crisis
2020/06/24
Committee: ECON
Dossiers: 2020/0084(CNS)
Documents: PDF(179 KB) DOC(75 KB)
Authors: [{'name': 'Luděk NIEDERMAYER', 'mepid': 124701}]
REPORT on the proposal for a Council decision amending Directives (EU) 2017/2455 and (EU) 2019/1995 as regards the dates of transposition and application due to the outbreak of the COVID-19 crisis
2020/06/24
Committee: ECON
Dossiers: 2020/0082(CNS)
Documents: PDF(183 KB) DOC(77 KB)
Authors: [{'name': 'Ondřej KOVAŘÍK', 'mepid': 118949}]
REPORT on further development of the Capital Markets Union (CMU): improving access to capital market finance, in particular by SMEs, and further enabling retail investor participation
2020/09/16
Committee: ECON
Dossiers: 2020/2036(INI)
Documents: PDF(216 KB) DOC(80 KB)
Authors: [{'name': 'Isabel BENJUMEA BENJUMEA', 'mepid': 197679}]
REPORT on the employment and social policies of the euro area 2020
2020/10/08
Committee: EMPL
Dossiers: 2020/2079(INI)
Documents: PDF(200 KB) DOC(80 KB)
Authors: [{'name': 'Klára DOBREV', 'mepid': 197579}]
REPORT on the proposal for a regulation of the European Parliament and of the Council establishing the InvestEU Programme
2020/11/03
Committee: BUDGECON
Dossiers: 2020/0108(COD)
Documents: PDF(792 KB) DOC(292 KB)
Authors: [{'name': 'José Manuel FERNANDES', 'mepid': 96899}, {'name': 'Irene TINAGLI', 'mepid': 197591}]
REPORT on a strong social Europe for Just Transitions
2020/11/24
Committee: EMPL
Dossiers: 2020/2084(INI)
Documents: PDF(287 KB) DOC(126 KB)
Authors: [{'name': 'Agnes JONGERIUS', 'mepid': 125021}, {'name': 'Dennis RADTKE', 'mepid': 188945}]
REPORT on the European Semester for economic policy coordination: Employment and Social Aspects in the Annual Sustainable Growth Strategy 2021
2021/03/02
Committee: EMPL
Dossiers: 2020/2244(INI)
Documents: PDF(277 KB) DOC(116 KB)
Authors: [{'name': 'Lina GÁLVEZ MUÑOZ', 'mepid': 197702}]
REPORT on the European Semester for economic policy coordination: Annual Sustainable Growth Strategy 2021
2021/03/05
Committee: ECON
Dossiers: 2021/2004(INI)
Documents: PDF(257 KB) DOC(107 KB)
Authors: [{'name': 'Markus FERBER', 'mepid': 1917}]
REPORT on Banking Union – annual report 2020
2021/07/26
Committee: ECON
Dossiers: 2020/2122(INI)
Documents: PDF(227 KB) DOC(85 KB)
Authors: [{'name': 'Danuta Maria HÜBNER', 'mepid': 96779}]
REPORT on the implementation of the Sixth VAT Directive: what is the missing part to reduce the EU VAT gap?
2021/12/20
Committee: ECON
Dossiers: 2020/2263(INI)
Documents: PDF(224 KB) DOC(84 KB)
Authors: [{'name': 'Olivier CHASTEL', 'mepid': 197463}]
REPORT on reaching women’s economic independence through entrepreneurship and self-employment
2022/04/07
Committee: FEMM
Dossiers: 2021/2080(INI)
Documents: PDF(201 KB) DOC(66 KB)
Authors: [{'name': 'Pernille WEISS', 'mepid': 197515}]
REPORT on the proposal for a Council decision on the adoption by Croatia of the euro on 1 January 2023
2022/06/21
Committee: ECON
Dossiers: 2022/0179(NLE)
Documents: PDF(200 KB) DOC(60 KB)
Authors: [{'name': 'Siegfried MUREŞAN', 'mepid': 124802}]
REPORT towards a common European action on care
2022/06/22
Committee: EMPLFEMM
Dossiers: 2021/2253(INI)
Documents: PDF(304 KB) DOC(110 KB)
Authors: [{'name': 'Sirpa PIETIKÄINEN', 'mepid': 40599}, {'name': 'Milan BRGLEZ', 'mepid': 197446}]
REPORT on the proposal for a regulation of the European Parliament and of the Council amending certain Regulations as regards the establishment and functioning of the European single access point
2023/02/06
Committee: ECON
Dossiers: 2021/0380(COD)
Documents: PDF(320 KB) DOC(95 KB)
Authors: [{'name': 'Pedro SILVA PEREIRA', 'mepid': 124747}]
REPORT on the proposal for a directive of the European Parliament and of the Council amending certain Directives as regards the establishment and functioning of the European single access point
2023/02/06
Committee: ECON
Dossiers: 2021/0379(COD)
Documents: PDF(311 KB) DOC(99 KB)
Authors: [{'name': 'Pedro SILVA PEREIRA', 'mepid': 124747}]
REPORT on the proposal for a regulation of the European Parliament and of the Council establishing a European single access point providing centralised access to publicly available information of relevance to financial services, capital markets and sustainability
2023/02/07
Committee: ECON
Dossiers: 2021/0378(COD)
Documents: PDF(370 KB) DOC(148 KB)
Authors: [{'name': 'Pedro SILVA PEREIRA', 'mepid': 124747}]
REPORT European Semester for economic policy coordination: Employment and social priorities for 2023
2023/03/07
Committee: EMPL
Dossiers: 2022/2151(INI)
Documents: PDF(192 KB) DOC(69 KB)
Authors: [{'name': 'Estrella DURÁ FERRANDIS', 'mepid': 198329}]
REPORT on the proposal for a regulation of the European Parliament and of the Council on the prevention of the use of the financial system for the purposes of money laundering or terrorist financing
2023/04/14
Committee: ECONLIBE
Dossiers: 2021/0239(COD)
Documents: PDF(582 KB) DOC(255 KB)
Authors: [{'name': 'Damien CARÊME', 'mepid': 197574}, {'name': 'Eero HEINÄLUOMA', 'mepid': 197800}]
REPORT on the proposal for a directive of the European Parliament and of the Council on the mechanisms to be put in place by the Member States for the prevention of the use of the financial system for the purposes of money laundering or terrorist financing and repealing Directive (EU) 2015/849
2023/04/14
Committee: ECONLIBE
Dossiers: 2021/0250(COD)
Documents: PDF(629 KB) DOC(282 KB)
Authors: [{'name': 'Paul TANG', 'mepid': 125020}, {'name': 'Luděk NIEDERMAYER', 'mepid': 124701}]
REPORT on the proposal for a directive of the European Parliament and of the Council on standards for equality bodies in the field of equal treatment and equal opportunities between women and men in matters of employment and occupation, and deleting Article 20 of Directive 2006/54/EC and Article 11 of Directive 2010/41/EU
2023/11/10
Committee: EMPLFEMM
Dossiers: 2022/0400(COD)
Documents: PDF(442 KB) DOC(196 KB)
Authors: [{'name': 'Sirpa PIETIKÄINEN', 'mepid': 40599}, {'name': 'Marc ANGEL', 'mepid': 202073}]

Opinions (1)

OPINION on the proposal for a 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
2022/03/18
Committee: EMPL
Dossiers: 2021/0104(COD)
Documents: PDF(307 KB) DOC(211 KB)
Authors: [{'name': 'Kira Marie PETER-HANSEN', 'mepid': 197573}]

Shadow opinions (40)

OPINION on discharge in respect of the implementation of the budget of the European Agency for Safety and Health at Work (EU-OSHA) for the financial year 2018
2020/01/22
Committee: EMPL
Dossiers: 2019/2071(DEC)
Documents: PDF(140 KB) DOC(64 KB)
Authors: [{'name': 'Tomáš ZDECHOVSKÝ', 'mepid': 124713}]
OPINION on discharge in respect of the implementation of the budget of the European Centre for the Development of Vocational Training (Cedefop) for the financial year 2018
2020/01/23
Committee: EMPL
Dossiers: 2019/2066(DEC)
Documents: PDF(139 KB) DOC(66 KB)
Authors: [{'name': 'Tomáš ZDECHOVSKÝ', 'mepid': 124713}]
OPINION on discharge in respect of the implementation of the budget of the European Foundation for the Improvement of Living and Working Conditions (Eurofound) for the financial year 2018
2020/01/23
Committee: EMPL
Dossiers: 2019/2067(DEC)
Documents: PDF(133 KB) DOC(64 KB)
Authors: [{'name': 'Tomáš ZDECHOVSKÝ', 'mepid': 124713}]
OPINION on discharge in respect of the implementation of the budget for the European Training Foundation (ETF) for the financial year 2018
2020/01/23
Committee: EMPL
Dossiers: 2019/2075(DEC)
Documents: PDF(131 KB) DOC(64 KB)
Authors: [{'name': 'Tomáš ZDECHOVSKÝ', 'mepid': 124713}]
OPINION on discharge in respect of the implementation of the budget of the European Union agencies for the financial year 2018: performance, financial management and control
2020/01/23
Committee: EMPL
Dossiers: 2019/2098(DEC)
Documents: PDF(133 KB) DOC(65 KB)
Authors: [{'name': 'Tomáš ZDECHOVSKÝ', 'mepid': 124713}]
OPINION on discharge in respect of the implementation of the general budget of the European Union for the financial year 2018, Section III - Commission and executive agencies
2020/01/23
Committee: EMPL
Dossiers: 2019/2055(DEC)
Documents: PDF(162 KB) DOC(72 KB)
Authors: [{'name': 'Tomáš ZDECHOVSKÝ', 'mepid': 124713}]
OPINION on the EU Strategy for Gender Equality
2020/07/22
Committee: EMPL
Dossiers: 2019/2169(INI)
Documents: PDF(180 KB) DOC(88 KB)
Authors: [{'name': 'Eugenia RODRÍGUEZ PALOP', 'mepid': 197785}]
POSITION IN THE FORM OF AMENDMENTS on the proposal for a regulation of the European Parliament and of the Council Establishing the InvestEU Programme
2020/09/14
Committee: FEMM
Dossiers: 2020/0108(COD)
Documents: PDF(202 KB) DOC(155 KB)
Authors: [{'name': 'Frances FITZGERALD', 'mepid': 197720}]
OPINION on the proposal for a regulation of the European Parliament and of the Council on establishing a Technical Support Instrument
2020/09/30
Committee: EMPL
Dossiers: 2020/0103(COD)
Documents: PDF(247 KB) DOC(190 KB)
Authors: [{'name': 'Dragoş PÎSLARU', 'mepid': 197663}]
OPINION on strengthening the single market: the future of free movement of services
2020/10/02
Committee: EMPL
Dossiers: 2020/2020(INI)
Documents: PDF(160 KB) DOC(76 KB)
Authors: [{'name': 'Marc BOTENGA', 'mepid': 187917}]
OPINION on the general budget of the European Union for the financial year 2021
2020/10/09
Committee: EMPL
Dossiers: 2020/1998(BUD)
Documents: PDF(145 KB) DOC(75 KB)
Authors: [{'name': 'Lucia ĎURIŠ NICHOLSONOVÁ', 'mepid': 197766}]
OPINION on the proposal for a regulation of the European Parliament and of the Council establishing a Recovery and Resilience Facility
2020/10/16
Committee: EMPL
Dossiers: 2020/0104(COD)
Documents: PDF(305 KB) DOC(213 KB)
Authors: [{'name': 'Dragoş PÎSLARU', 'mepid': 197663}]
OPINION on the proposal for a regulation of the European Parliament and of the Council on a temporary derogation from certain provisions of Directive 2002/58/EC of the European Parliament and of the Council as regards the use of technologies by number-independent interpersonal communications service providers for the processing of personal and other data for the purpose of combatting child sexual abuse online
2020/12/02
Committee: FEMM
Dossiers: 2020/0259(COD)
Documents: PDF(208 KB) DOC(171 KB)
Authors: [{'name': 'Christine ANDERSON', 'mepid': 197475}]
OPINION on the implementation of Council Directive 2000/78/EC establishing a general framework for equal treatment in employment and occupation in light of the UNCRPD
2020/12/03
Committee: FEMM
Dossiers: 2020/2086(INI)
Documents: PDF(156 KB) DOC(70 KB)
Authors: [{'name': 'Rosa ESTARÀS FERRAGUT', 'mepid': 96811}]
OPINION on discharge in respect of the implementation of the budget of the European Union for the financial year 2019 - European Training Foundation (ETF)
2021/02/24
Committee: EMPL
Dossiers: 2020/2159(DEC)
Documents: PDF(130 KB) DOC(67 KB)
Authors: [{'name': 'Romana TOMC', 'mepid': 125104}]
OPINION on discharge in respect of the implementation of the budget of the European Union for the financial year 2019- European Agency for Safety and Health at Work (EU-OSHA)
2021/02/24
Committee: EMPL
Dossiers: 2020/2155(DEC)
Documents: PDF(131 KB) DOC(68 KB)
Authors: [{'name': 'Romana TOMC', 'mepid': 125104}]
OPINION on discharge in respect of the implementation of the general budget of the European Union for the financial year 2019 - European Foundation for the Improvement of Living and Working Conditions (Eurofound)
2021/02/24
Committee: EMPL
Dossiers: 2020/2151(DEC)
Documents: PDF(131 KB) DOC(68 KB)
Authors: [{'name': 'Romana TOMC', 'mepid': 125104}]
OPINION on discharge in respect of the implementation of the general budget of the European Union for the financial year 2019 - European Centre for the Development of Vocational Training (Cedefop)
2021/02/24
Committee: EMPL
Dossiers: 2020/2150(DEC)
Documents: PDF(131 KB) DOC(69 KB)
Authors: [{'name': 'Romana TOMC', 'mepid': 125104}]
OPINION on discharge in respect of the implementation of the budget of the European Union agencies for the financial year 2019: performance, financial management and control
2021/02/25
Committee: EMPL
Dossiers: 2020/2194(DEC)
Documents: PDF(135 KB) DOC(71 KB)
Authors: [{'name': 'Romana TOMC', 'mepid': 125104}]
OPINION on discharge in respect of the implementation of the general budget of the European Union for the financial year 2019 - Section III, Commission and executive agencies
2021/02/25
Committee: EMPL
Dossiers: 2020/2140(DEC)
Documents: PDF(161 KB) DOC(73 KB)
Authors: [{'name': 'Romana TOMC', 'mepid': 125104}]
POSITION IN THE FORM OF AMENDMENTS on Guidelines for the 2022 Budget - Section III
2021/03/05
Committee: EMPL
Documents: PDF(258 KB) DOC(92 KB)
Authors: [{'name': 'Lucia ĎURIŠ NICHOLSONOVÁ', 'mepid': 197766}]
OPINION on Fishers for the future: Attracting a new generation of labour to the fishing industry and generating employment in coastal communities
2021/03/18
Committee: EMPL
Dossiers: 2019/2161(INI)
Documents: PDF(172 KB) DOC(79 KB)
Authors: [{'name': 'Jarosław DUDA', 'mepid': 197510}]
OPINION on the proposal for a regulation of the European Parliament and of the Council on a Single Market for Digital Services (Digital Services Act) and amending Directive 2000/31/EC
2021/10/13
Committee: FEMM
Dossiers: 2020/0361(COD)
Documents: PDF(302 KB) DOC(213 KB)
Authors: [{'name': 'Jadwiga WIŚNIEWSKA', 'mepid': 124877}]
OPINION on the proposal for a regulation of the European Parliament and of the Council on contestable and fair markets in the digital sector (Digital Markets Act)
2021/10/28
Committee: ECON
Dossiers: 2020/0374(COD)
Documents: PDF(421 KB) DOC(263 KB)
Authors: [{'name': 'Stéphanie YON-COURTIN', 'mepid': 197581}]
OPINION on discharge in respect of the implementation of the general budget of the European Union for the financial year 2020 – Section III, Commission and executive agencies
2022/02/02
Committee: EMPL
Dossiers: 2021/2106(DEC)
Documents: PDF(143 KB) DOC(68 KB)
Authors: [{'name': 'Romana TOMC', 'mepid': 125104}]
OPINION on discharge in respect of the implementation of the budget of the European Union Agencies for the financial year 2020: performance, financial management and control
2022/02/02
Committee: EMPL
Dossiers: 2021/2157(DEC)
Documents: PDF(135 KB) DOC(70 KB)
Authors: [{'name': 'Romana TOMC', 'mepid': 125104}]
OPINION on discharge in respect of the implementation of the budget of the European Foundation for the Improvement of Living and Working Conditions (Eurofound) for the financial year 2020
2022/02/02
Committee: EMPL
Dossiers: 2021/2142(DEC)
Documents: PDF(131 KB) DOC(72 KB)
Authors: [{'name': 'Romana TOMC', 'mepid': 125104}]
OPINION on discharge in respect of the implementation of the budget of the European Agency for Safety and Health at Work (EU-OSHA) for the financial year 2020
2022/02/02
Committee: EMPL
Dossiers: 2021/2141(DEC)
Documents: PDF(129 KB) DOC(66 KB)
Authors: [{'name': 'Romana TOMC', 'mepid': 125104}]
OPINION on discharge in respect of the implementation of the budget of the European Centre for the Development of Vocational Training (Cedefop) for the financial year 2020
2022/02/02
Committee: EMPL
Dossiers: 2021/2119(DEC)
Documents: PDF(134 KB) DOC(67 KB)
Authors: [{'name': 'Romana TOMC', 'mepid': 125104}]
OPINION on discharge in respect of the implementation of the budget of European Training Foundation for the financial year 2020
2022/02/15
Committee: EMPL
Dossiers: 2021/2139(DEC)
Documents: PDF(130 KB) DOC(66 KB)
Authors: [{'name': 'Romana TOMC', 'mepid': 125104}]
OPINION on the proposal for a 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
2022/02/22
Committee: FEMM
Dossiers: 2021/0104(COD)
Documents: PDF(280 KB) DOC(198 KB)
Authors: [{'name': 'Robert BIEDROŃ', 'mepid': 197498}]
OPINION on the proposal for a directive of the European Parliament and of the Council amending Directive (EU) 2019/1153 of the European Parliament and of the Council, as regards access of competent authorities to centralised bank account registries through the single access point
2022/03/15
Committee: ECON
Dossiers: 2021/0244(COD)
Documents: PDF(179 KB) DOC(147 KB)
Authors: [{'name': 'Inese VAIDERE', 'mepid': 28617}]
OPINION on discharge in respect of the implementation of the budget of the European Foundation for the improvement of living and working conditions (Eurofound)
2023/01/24
Committee: EMPL
Dossiers: 2022/2119(DEC)
Documents: PDF(132 KB) DOC(65 KB)
Authors: [{'name': 'Romana TOMC', 'mepid': 125104}]
OPINION on discharge in respect of the implementation of the budget of the European Agency for Safety and Health at Work (EU-OSHA)
2023/01/24
Committee: EMPL
Dossiers: 2022/2118(DEC)
Documents: PDF(130 KB) DOC(63 KB)
Authors: [{'name': 'Romana TOMC', 'mepid': 125104}]
OPINION on discharge in respect of the implementation of the budget of the European Training Foundation
2023/01/24
Committee: EMPL
Dossiers: 2022/2116(DEC)
Documents: PDF(127 KB) DOC(62 KB)
Authors: [{'name': 'Romana TOMC', 'mepid': 125104}]
OPINION on discharge in respect of the implementation of the budget of the European Centre for the Development of Vocational Training (Cedefop)
2023/01/24
Committee: EMPL
Dossiers: 2022/2095(DEC)
Documents: PDF(129 KB) DOC(63 KB)
Authors: [{'name': 'Romana TOMC', 'mepid': 125104}]
OPINION on discharge in respect of the implementation of the budget of the European Union Agencies for the financial year 2021: performance, financial management and control
2023/01/24
Committee: EMPL
Dossiers: 2022/2134(DEC)
Documents: PDF(131 KB) DOC(63 KB)
Authors: [{'name': 'Romana TOMC', 'mepid': 125104}]
OPINION on discharge in respect of the implementation of the general budget of the European Union for the financial year 2021 – Commission
2023/01/24
Committee: EMPL
Dossiers: 2022/2081(DEC)
Documents: PDF(135 KB) DOC(64 KB)
Authors: [{'name': 'Romana TOMC', 'mepid': 125104}]
OPINION on discharge in respect of the implementation of the budget of the European Labour Authority
2023/01/25
Committee: EMPL
Dossiers: 2022/2108(DEC)
Documents: PDF(131 KB) DOC(64 KB)
Authors: [{'name': 'Romana TOMC', 'mepid': 125104}]
OPINION on the proposal for a regulation of the European Parliament and of the Council on the effective coordination of economic policies and multilateral budgetary surveillance and repealing Council Regulation (EC) No 1466/97
2023/10/30
Committee: EMPL
Dossiers: 2023/0138(COD)
Documents: PDF(220 KB) DOC(134 KB)
Authors: [{'name': 'Gabriele BISCHOFF', 'mepid': 197435}]

Institutional motions (13)

MOTION FOR A RESOLUTION on the state of implementation of the Union’s anti-money laundering legislation
2019/09/16
Dossiers: 2019/2820(RSP)
Documents: PDF(152 KB) DOC(53 KB)
MOTION FOR A RESOLUTION on public discrimination and hate speech against LGBTI people, including LGBTI free zones
2019/12/10
Dossiers: 2019/2933(RSP)
Documents: PDF(172 KB) DOC(56 KB)
MOTION FOR A RESOLUTION on the gender pay gap
2020/01/22
Dossiers: 2019/2870(RSP)
Documents: PDF(164 KB) DOC(54 KB)
MOTION FOR A RESOLUTION on the de facto ban on the right to abortion in Poland
2020/11/20
Dossiers: 2020/2876(RSP)
Documents: PDF(181 KB) DOC(59 KB)
MOTION FOR A RESOLUTION on the declaration of the EU as an LGBTIQ Freedom Zone
2021/03/03
Dossiers: 2021/2557(RSP)
Documents: PDF(175 KB) DOC(55 KB)
MOTION FOR A RESOLUTION on the situation in Afghanistan
2021/09/13
Dossiers: 2021/2877(RSP)
Documents: PDF(157 KB) DOC(52 KB)
MOTION FOR A RESOLUTION on the Pandora Papers: implications for the efforts to combat money laundering, tax evasion and avoidance
2021/10/18
Dossiers: 2021/2922(RSP)
Documents: PDF(206 KB) DOC(64 KB)
MOTION FOR A RESOLUTION on the rule of law crisis in Poland and the primacy of EU law
2021/10/19
Dossiers: 2021/2935(RSP)
Documents: PDF(167 KB) DOC(52 KB)
JOINT MOTION FOR A RESOLUTION on the Pandora Papers: implications for the efforts to combat money laundering, tax evasion and avoidance
2021/10/20
Dossiers: 2021/2922(RSP)
Documents: PDF(205 KB) DOC(65 KB)
MOTION FOR A RESOLUTION on national vetoes to undermine the global tax deal
2022/06/29
Dossiers: 2022/2734(RSP)
Documents: PDF(172 KB) DOC(53 KB)
National vetoes to undermine the global tax deal
2022/07/04
Dossiers: 2022/2734(RSP)
Documents: PDF(169 KB) DOC(49 KB)
MOTION FOR A RESOLUTION on the US Supreme Court decision to overturn abortion rights in the United States and the need to safeguard abortion rights and women’s heath in the EU
2022/07/05
Dossiers: 2022/2742(RSP)
Documents: PDF(199 KB) DOC(55 KB)
MOTION FOR A RESOLUTION on the death of Mahsa Amini and the repression of women’s rights protesters in Iran
2022/10/03
Dossiers: 2022/2849(RSP)
Documents: PDF(150 KB) DOC(48 KB)

Oral questions (8)

LGBTI-free zones in Poland within the scope of the Rete Lenford case
2020/06/17
Documents: PDF(63 KB) DOC(11 KB)
Reinforcing the Youth Guarantee
2020/09/24
Documents: PDF(49 KB) DOC(10 KB)
Reinforcing the Youth Guarantee
2020/09/24
Documents: PDF(48 KB) DOC(10 KB)
Concerted plans and actions to transition to innovation without the use of animals in the EU
2020/12/18
Documents: PDF(51 KB) DOC(11 KB)
Plans and actions to accelerate a transition to innovation without the use of animals in research, regulatory testing and education
2021/06/09
Documents: PDF(64 KB) DOC(11 KB)
An EU Commissioner for Animal Welfare
2022/01/10
Documents: PDF(56 KB) DOC(12 KB)
An EU Commissioner for Animal Welfare
2022/04/28
Documents: PDF(59 KB) DOC(12 KB)
Prohibiting chick and duckling killing in EU law
2023/03/10
Documents: PDF(51 KB) DOC(10 KB)

Written explanations (2)

Breaches of EU law and of the rights of LGBTIQ citizens in Hungary as a result of the adopted legal changes in the Hungarian Parliament (B9-0412/2021, B9-0413/2021)

. – On 15 June 2021, the Hungarian Parliament voted in favour of amendments proposed by Fidesz MPs that severely restrict freedom of speech and children’s rights. The Law prohibits the ‘portrayal and promotion of gender identity different from sex assigned at birth, the change of sex and homosexuality’ in schools, in television programmes and in publicly available advertisements on any platforms for persons aged under 18, even for educational purposes; the Law disqualifies such content from being considered as a public service announcement or social responsibility advertisement even if intended for adults; the Law introduces amendments to the Child Protection Act, the Family Protection Act, the Act on Business Advertising Activity, the Media Act and the Public Education Act.I consider this Law to be in breach of EU law and of the rights of LGBTIQ citizens in Hungary, in particular the freedom to provide services and freedom of movement of goods as set out in the Treaty on the Functioning of the European Union, the Audiovisual Media Services Directive and E-commerce Directive in conjunction with the Charter of Fundamental Rights. Therefore I voted in favour of the resolution ‘Breaches of EU law and of the rights of LGBTIQ citizens in Hungary as a result of the legal changes adopted in the Hungarian Parliament’.
2021/07/08
Relations with the Palestinian Authority (A9-0226/2023 - Evin Incir)

Two AMs 16 & 41 from EPP & ECR about Christians are to some extend factually true. Christians face discrimination and persecution and their freedom of religion is not protected. But the persecution and discrimination comes from Israel and Israeli settlers – because the Christians are Palestinians – and neither PA nor Hamas can protect them, because the occupation force is using disproportionate violence and power over both Palestinian people and authorities.It was difficult not to support the very reasonable AMs from the LEFT group, but I felt the need to respect the group line, the compromise text and the good work of the shadow rapporteur from my group and the rapporteur from S&D.
2023/07/12

Written questions (56)

Banning the import and sale of new diesel and petrol cars as from 2030
2019/07/26
Documents: PDF(41 KB) DOC(17 KB)
Legal basis for minimum wage legislation
2020/02/11
Documents: PDF(39 KB) DOC(10 KB)
EU framework for national homelessness strategies
2020/02/20
Documents: PDF(44 KB) DOC(9 KB)
Cancellation of flights owing to coronavirus and slot allocation
2020/03/11
Documents: PDF(40 KB) DOC(10 KB)
Mutual funds to support fisheries
2020/03/26
Documents: PDF(40 KB) DOC(9 KB)
Mental health and the new Occupational Health and Safety Strategy
2020/05/05
Documents: PDF(47 KB) DOC(9 KB)
Green Deal compatibility criteria for Projects of Common Interest
2020/06/18
Documents: PDF(49 KB) DOC(10 KB)
TEN-E revision, TYNDP and 5th PCI list
2020/07/01
Documents: PDF(48 KB) DOC(10 KB)
Mass arrest of LGBTI activists in Poland
2020/09/01
Documents: PDF(58 KB) DOC(11 KB)
Subsidising Estonia's oil shale industry with co-firing biomass does not merit state aid
2020/09/07
Documents: PDF(45 KB) DOC(10 KB)
Denmark’s implementation of the Work-Life Balance Directive (2019/1158)
2020/09/08
Documents: PDF(39 KB) DOC(9 KB)
Offsetting primary energy consumption of buildings
2020/09/21
Documents: PDF(39 KB) DOC(9 KB)
Weighting factors and energy performance of buildings
2020/09/21
Documents: PDF(39 KB) DOC(9 KB)
Disclosure of information concerning the award of a bid on environmental sustainability guideline (ESG) factors to BlackRock
2020/09/30
Documents: PDF(47 KB) DOC(10 KB)
Prosecution of NGOs in Greece
2020/10/07
Documents: PDF(49 KB) DOC(10 KB)
Energy Charter Treaty renegotiation: the EU’s position regarding fossil fuels protection, the Investor-State Dispute Settlement mechanism and public information
2020/10/12
Documents: PDF(51 KB) DOC(10 KB)
Crackdown on reproductive rights in Poland amid the ongoing crisis of the rule of law
2020/11/10
Documents: PDF(48 KB) DOC(10 KB)
Import and sale of fishery products from Western Sahara into the EU
2020/11/25
Documents: PDF(39 KB) DOC(10 KB)
Recently proposed bills in Hungary infringing on the rights of LGBTI persons
2020/11/26
Documents: PDF(53 KB) DOC(11 KB)
New evidence of push‑backs at the Croatian border – will the Commission now finally start to react?
2020/11/26
Documents: PDF(62 KB) DOC(10 KB)
Adding gender-based violence to the list of EU crimes
2020/11/26
Documents: PDF(44 KB) DOC(10 KB)
How to reach climate-neutral data centres by 2030
2020/12/01
Documents: PDF(42 KB) DOC(9 KB)
The withholding of Palestinian tax revenues by Israel
2020/12/15
Documents: PDF(42 KB) DOC(9 KB)
Cross-border EIA procedure in connection with the extended operation of nuclear reactors in the EU
2020/12/23
Documents: PDF(52 KB) DOC(10 KB)
Regulating short-term letting
2021/01/06
Documents: PDF(42 KB) DOC(10 KB)
Tax avoidance as a breach of integrity and a possible criterion for excluding bidders in public procurement
2021/01/25
Documents: PDF(38 KB) DOC(9 KB)
The option of introducing public country-by-country reporting as part of the evaluation of bidders in public procurement
2021/01/25
Documents: PDF(39 KB) DOC(9 KB)
Tax havens and public procurement
2021/01/25
Documents: PDF(39 KB) DOC(9 KB)
European Platform on Combating Homelessness
2021/04/01
Documents: PDF(43 KB) DOC(9 KB)
Denmark’s implementation of the Parental Leave Directive (2019/1158)
2021/04/06
Documents: PDF(39 KB) DOC(9 KB)
Providing support to tackle India’s COVID-19 public health emergency
2021/04/30
Documents: PDF(46 KB) DOC(10 KB)
Danish political parties’ business clubs
2021/05/11
Documents: PDF(51 KB) DOC(10 KB)
Animal abuse and breaches of Directive 2010/63/EU at Vivotecnia, Spain
2021/05/11
Documents: PDF(44 KB) DOC(10 KB)
Implementation of Directive (EU) 2019/1158 in Denmark (2/2)
2021/05/28
Documents: PDF(39 KB) DOC(9 KB)
Implementation of Directive (EU) 2019/1158 in Denmark 1/2
2021/05/28
Documents: PDF(39 KB) DOC(9 KB)
Protecting health and safety when AI is used at work
2021/06/02
Documents: PDF(43 KB) DOC(9 KB)
LGBTIQ inclusion in ESF+ project selection
2021/07/01
Documents: PDF(51 KB) DOC(10 KB)
So-called LGBT-free zones in Poland violate the principle of non-discrimination in EU cohesion policy
2021/07/09
Documents: PDF(50 KB) DOC(10 KB)
Revision of target group of social housing
2021/11/11
Documents: PDF(48 KB) DOC(10 KB)
Systematic tail-docking of pigs
2021/12/13
Documents: PDF(39 KB) DOC(10 KB)
Unpaid traineeships in EU institutions
2022/02/13
Documents: PDF(52 KB) DOC(11 KB)
Access to safe abortion for women fleeing the war in Ukraine
2022/04/07
Documents: PDF(50 KB) DOC(11 KB)
Access to EU funding for LGBTI organisations in Ukraine in the context of Russia’s invasion
2022/07/01
Documents: PDF(48 KB) DOC(10 KB)
Google shopping case follow-up and enforcement of the Digital Markets Act
2022/07/04
Documents: PDF(42 KB) DOC(10 KB)
Lesbian human rights defenders sentenced to death in Iran
2022/09/08
Documents: PDF(52 KB) DOC(11 KB)
Temporary border controls in Denmark
2022/10/25
Documents: PDF(41 KB) DOC(9 KB)
Phasing out of petrol and diesel cars
2022/11/09
Documents: PDF(39 KB) DOC(9 KB)
Selection and pre-selection of Ordo Iuris as a member of EU fund monitoring committees
2023/01/27
Documents: PDF(53 KB) DOC(11 KB)
Syrian regime forces blockade of aid convoys of the Kurdish Red Crescent (KRC) directed to the North-West
2023/02/22
Documents: PDF(48 KB) DOC(10 KB)
Resources for EFRAG to develop ESRS
2023/02/28
Documents: PDF(46 KB) DOC(10 KB)
An effective minimum capital gains tax in the EU
2023/03/27
Documents: PDF(41 KB) DOC(9 KB)
Opacity of purchase of Vodafone Hungary by Hungarian government and surveillance-related risks
2023/04/13
Documents: PDF(47 KB) DOC(10 KB)
Violation of the rule of law in the occupied Palestinian territories
2023/05/25
Documents: PDF(49 KB) DOC(10 KB)
Removing the minimum liver weight requirement for foie gras production
2023/06/30
Documents: PDF(63 KB) DOC(12 KB)
Phasing out fossil gas by 2040
2023/07/20
Documents: PDF(51 KB) DOC(11 KB)
Commission, where is the promised animal welfare legislation?
2023/10/17
Documents: PDF(50 KB) DOC(11 KB)

Individual motions (1)

MOTION FOR A RESOLUTION on banning the production of tea bags containing plastic
2020/12/15
Documents: PDF(136 KB) DOC(43 KB)

Amendments (1508)

Amendment 4 #

2023/2116(INI)

Motion for a resolution
Citation 8 a (new)
– having regard to the European Social Charter (ESC), referred to in the preamble of the EPSR,
2024/01/16
Committee: EMPL
Amendment 7 #

2023/2116(INI)

Motion for a resolution
Citation 10 a (new)
– having regard to the Council recommendation of 30 January 2023 on adequate minimum income ensuring active inclusion,
2024/01/16
Committee: EMPL
Amendment 9 #

2023/2116(INI)

Motion for a resolution
Citation 10 b (new)
– having regard to the Council Recommendation of 27 November 2023 on developing social economy framework conditions,
2024/01/16
Committee: EMPL
Amendment 24 #

2023/2116(INI)

Motion for a resolution
Recital B
B. whereas the Annual Sustainable Growth Survey for 2024 highlights that despite marked wage increases in the EU in 2022 and the beginning of 2023, these remained below the high inflation rates and resulted in reduced purchasing power, affecting lower incomes the most; whereas despite unprecedented boosts to statutory gross minimum wages, these large nominal increases did not result in significant gains in purchasing power among minimum wages earners in the majority of Member States, confirming that in countries where statutory minimum wages apply, ensuring the purchasing power through taking into account the cost of living as one of the criteria guiding their setting and updating is of vital importance in an inflationary environment1a; whereas real wages in the EU decreased by 3.7 % in 2022, increasing the risk of poverty and in-work poverty; whereas real wages are expected to increase as of next year as a result of continued nominal wage growth and declining inflation; whereas this is combined with adequate and secure housing becoming unaffordable for many.1b _________________ 1a Eurofound (2023), Minimum wages in 2023: Annual review, Minimum wages in the EU series, Publications Office of the European Union, Luxembourg 1b Eurofound (2023), Unaffordable and inadequate housing in Europe | European Foundation for the Improvement of Living and Working Conditions (europa.eu)
2024/01/16
Committee: EMPL
Amendment 32 #

2023/2116(INI)

Motion for a resolution
Recital C
C. whereas the Commission’s 2023 autumn economic forecast stressed that uncertainty and downside risks to the economic outlook have increased in recent months and that the transmission of monetary tightening may weigh on economic activity for longer and to a larger degree than projected in this forecast, as adjusting the finances of firms, households and governments to the high interest rate environment could prove more challenging; whereas households with flexible rate mortgages are already facing increased costs;1c whereas there remain many gaps in access to unemployment benefits (and minimum income schemes), including among the self-employed and workers with non-standard contracts, and groups of younger people, with 61% of unemployed receiving no benefits or assistance in the EU in 2022.1d _________________ 1c Eurofound (2023), Unaffordable and inadequate housing in Europe | European Foundation for the Improvement of Living and Working Conditions (europa.eu) 1d Eurofound (2024, forthcoming), Social protection 2.0 - Unemployment and minimum income schemes | European Foundation for the Improvement of Living and Working Conditions (europa.eu)
2024/01/16
Committee: EMPL
Amendment 40 #

2023/2116(INI)

Motion for a resolution
Recital D
D. whereas the digital and green transitions could have a significant impact on , if well managed and sufficiently supported, will greatly expand some economic activities, while transforming other environment and the people affected, but also on the economy, including the labour marketconomic activities and their potential for sustainable growth; whereas a holistic and ambitious policy response at EU level is essential to minimise the social, economic, and labour market impact while maximising the quality employment potential of the twin transition;
2024/01/16
Committee: EMPL
Amendment 52 #

2023/2116(INI)

Motion for a resolution
Recital E
E. whereas with regard to the general escape clause under the Stability and Growth Pact, which expires at the end of 2023, fiscal policy needs to support monetary policy in reducing inflation and needs to safeguard fiscal sustainability, while providinge sufficient space for additional investments, including investment in social protection, social infrastructure and social services as well as green investment and support for long-term inclusive growth;
2024/01/16
Committee: EMPL
Amendment 63 #

2023/2116(INI)

Motion for a resolution
Recital G
G. whereas the inclusion of a social convergence framework in the European Semester should foster upward social convergence and should improve the assessment and monitoring of employment and social developments in the Member States and the EU by identifying and addressing risks to upward convergence for Member States in the joint employment report based on the Social Scoreboard headline indicators and through the Commission’s publication of social convergence reports for those Member States identified as facing risks to upward social convergence;
2024/01/16
Committee: EMPL
Amendment 68 #

2023/2116(INI)

Motion for a resolution
Recital H
H. whereas skilled workers that can respond to the demands of thesupport the twin transition and be active part of a changing labour market and education, system, including training and lifelong learning, are of key importance to ensure sustainable growth, increased innovation and competitiveness and the sustainable and just transition of the EU economy;
2024/01/16
Committee: EMPL
Amendment 82 #

2023/2116(INI)

Motion for a resolution
Recital I a (new)
I a. whereas young people are the basis for sustainable economic and social prosperity for Europe and are a key priority for the EU, as affirmed by the European youth strategy and the reinforced Youth Guarantee, and therefore warrant priority measures for their support, protection, guidance and inclusion, and deserve to fully benefit from the new employment opportunities created by the green transition;
2024/01/16
Committee: EMPL
Amendment 87 #

2023/2116(INI)

Motion for a resolution
Recital J
J. whereas Parliament has repeatedly stressed the importance of its proper involvement in the European Semester process and dialogue in a regular and structured way in order to increase the transparency, democratic accountability and ownership of the decisions taken, in particular by means of an economic and social dialogue; whereas the involvement of social partners and civil society organizations is also crucial to improve the ownership and democratisation of the semester process;
2024/01/16
Committee: EMPL
Amendment 91 #

2023/2116(INI)

Motion for a resolution
Recital J a (new)
J a. whereas gender equality and gender mainstreaming should be at the core of the 2024 annual sustainable growth strategy;
2024/01/16
Committee: EMPL
Amendment 93 #

2023/2116(INI)

Motion for a resolution
Recital J b (new)
J b. whereas workers have the right to a high level of protection of their health and safety, with an accessible work place and environment that lives up to and contributes to the implementation of the European Pillar of Social Rights and Occupational Safety and Health standards;
2024/01/16
Committee: EMPL
Amendment 96 #

2023/2116(INI)

Motion for a resolution
Paragraph 1
1. Stresses that some of the aims of sustainable economic growth must be to ensure wellbeing through an inclusive socio- ecological and digital transformation of our economies to prevent social, economic, digital and environmental imbalances by fighting poverty, reducing inequalities and creating decent jobs with adequate wages and working conditions, while ensuring alignment with the Sustainable Development Goals and the EPSR, as well as to strengthen economic, social and territorial cohesion; stresses that an EU directive on adequate minimum income could contribute to the goal of reducing poverty by at least half in all Member States by 2030 and ensure the integration of people absent from the labour market, while respecting the specificities of national social protection systems, the subsidiarity principle and the competences of the Member States;
2024/01/16
Committee: EMPL
Amendment 112 #

2023/2116(INI)

Motion for a resolution
Paragraph 3
3. Stresses the need to invest significantly in people and to offer quality, inclusive and subsidised education and training, including in areas linked to skills and competences that are in demand in labour markets and future-oriented sectors according to local and regional needs; stresses the need to address inequalities in access to training and to tackle the gaps in access to training that exist for younger workers, older workers, women, lower skilled workers and those on fixed-term or temporary agency contracts; further stresses the need to address the untapped potential evident in low employment rates of persons with disabilities and third country nationals, with women clearly remaining the EU’s largest untapped work force - through measures going beyond training or pay, and including measures to improve work–life balance and to counteract gender stereotypes; further stresses the need to address skills mismatches and labour market shortages, starting from improving working conditions; underlines the need to ensure that workers are ready forand actively involved in the green and digital transitions, that they can benefit from opportunities for new employment or career progression and that training and education programmes are aligned with the needs of those undertaking them, the planet, the economy and society of the future; calls on Member States to ensure that all skills training are adapted to the capacities and desires of individuals and tailor-made for groups in vulnerable situation, such as NEETs and older workers;1e _________________ 1e Eurofound (2023), Changing labour markets – How to prevent a mismatch between skills and jobs in times of transition – Background paper, Eurofound, Dublin Eurofound (2023), Measures to tackle labour shortages: Lessons for future policy, Publications Office of the European Union, Luxembourg
2024/01/16
Committee: EMPL
Amendment 120 #

2023/2116(INI)

Motion for a resolution
Paragraph 3 a (new)
3 a. Recalls the role of social partners, working jointly with governments and training providers, to identify existing skills needs and forecast future ones and to match these with the content and supply of training; highlights the need for a clear definition and associated training for green jobs and skills;
2024/01/16
Committee: EMPL
Amendment 124 #

2023/2116(INI)

Motion for a resolution
Paragraph 4
4. Highlights the need to consider the distribution ofimprove the access to quality employment in society due to the prevalence, especially for those groups at higher risk of poverty and social exclusion among certain groups in order, to better design tailored activation andnd active inclusion policies; stresses the importance of devoting particular attention to the younger generation, which still faces difficulties entering the labour market, and to children who are at a higher risk of falling into poverty and social exclusion; highlights in this regard the need to improve access to affordable quality early childhood education and care as well as strengthen work-life balance policies to enable better labour market participation of women (especially mothers); stresses the importance of addressing all vulnerable groups, including persons with disabilities, migrants, ethnic minorities (including Roma), and homeless people; insists, in that respect, on the need to better assess the social impact of current policies, with the aim of enhancing Member States’ capacity to foster upward social convergence;
2024/01/16
Committee: EMPL
Amendment 128 #

2023/2116(INI)

Motion for a resolution
Paragraph 4 a (new)
4 a. Stresses that the cost of living crisis makes the child guarantee, the Reinforced Youth Guarantee and the EU Disability Rights Strategy even more important to be implemented at national level; calls on the Commission to be more active in combating poverty, especially child poverty and in-work poverty; calls on the Member States to swiftly implement their National Action Plan on the EU Child Guarantee, and to ensure the availability of affordable, accessible and quality social services, such as early childhood education and care, out-of- school care, education, training, housing, health and long-term care, as a necessary condition for ensuring equality;
2024/01/16
Committee: EMPL
Amendment 134 #

2023/2116(INI)

Motion for a resolution
Paragraph 4 b (new)
4 b. Stresses that to tackle high housing costs and ensure quality accommodation, it will be crucial for policymakers to address the regulatory set-up and policies for renting, as well as reviewing housing services and increasing housing supply;
2024/01/16
Committee: EMPL
Amendment 135 #

2023/2116(INI)

Motion for a resolution
Paragraph 4 c (new)
4 c. Believes that gender equality policies must be anchored and mainstreamed in all phases of economic governance; stresses the need to ensure gender equality, non-discrimination and social equality in employment relationships; calls on the Commission and the Member States to address the feminisation of poverty in all its forms, particularly by improving working conditions in feminised sectors; highlights that highlights that many groups of critical workers work in occupations and sectors are highly imbalanced in terms of gender; stresses that the improvement of job quality and the development of sustainable work practices is key to supporting the creation of a more diverse workforce and enlarging the pool of potential workers;1f calls for the strengthening of gender-sensitive policies at the EU level, essential to ensure that the impact of the cost of living crisis does not widen gender inequality; _________________ 1f Eurofound 2023 - Job quality of COVID-19 pandemic essential workers
2024/01/16
Committee: EMPL
Amendment 137 #

2023/2116(INI)

Motion for a resolution
Paragraph 5
5. Recalls that the creation of good- quality jobs and the implementation of retention strategies are the best ways to attract a skilled workforce and calls on employers to invest in their workers; highlights that recruitment difficulties and labour shortages are particularly prevalent in sectors with challenging working conditions and poor job quality; highlights that creating high-quality, well-paid jobs that improve quality of life is therefore crucial; highlights that staff shortages or unattractive jobs are considered key challenges by at least one side of the industry in five critical sectors: hospitals and healthcare, education, food and drinks, industrial cleaning, and local and regional government, with difficult working conditions being mentioned as one of the main causes of these challenges; stresses the need for Member States to rapidly and effectively ensure a decent standard of living, reduce in-work poverty, and promote social cohesion;
2024/01/16
Committee: EMPL
Amendment 148 #

2023/2116(INI)

Motion for a resolution
Paragraph 6
6. Supports the increase of EU funds dedicated to social objectives and the promotion of future-oriented investments focused on the just green and digital transitions, with a strong social dimension, including gender equality, equal opportunities for groups at higher risk of poverty and social exclusion, and equal access to essential services and social services, such as education, health and healthcare, social services affordable housing, and digital infrastructure; stresses that financial instruments at all levels must become less fragmented and more blended and bundled;
2024/01/16
Committee: EMPL
Amendment 153 #

2023/2116(INI)

Motion for a resolution
Paragraph 6 a (new)
6 a. calls on the Commission to consider revising the Public Procurement Directive to further strengthen the social clause and ensure that benefiting companies and sub-contractors support collective bargaining and respect workers’ rights, high-quality jobs, high-quality apprenticeships, decent and equal pay, and training; urges the Commission to promote collective bargaining, democracy at work, and social dialogue through the European Semester, and specifically in the country-specific recommendations, in order to ensure sustainable, decent wages through collective bargaining;
2024/01/16
Committee: EMPL
Amendment 161 #

2023/2116(INI)

Motion for a resolution
Paragraph 7
7. Considers that EU fiscal rules should allow for the necessary public investment and financing of the just transition to a zero-carbon economy, as well as for the properfull and ambitious implementation of the principles of the EPSR and of social investments; stresses that, although there is a need to reduce public debt within a reasonable time frame, smaller or more indebted Member States need more flexible individual adjustment paths that allow them enough fiscal space to undertake the investments and reforms needed for socially fair green and digital transitions in a way that leaves no one behind; insists that social and environmental policies and objectives must be integrated on an equal footing with economic ones in the economic governance architecture; stresses the need for the economic governance framework to align with the principles included in the EU Pillar of Social Rights; stresses that green and social investments are needed in public services, and the Union’s economic governance should take into account the need for resources and personnel in the education sectors, public employment services and other local, regional and national public administrations which are key players in a just and social green transition; calls on the Commission to issue country-specific recommendations that contribute to job creation, higher employment and smaller ecological footprints, including the phasing out of counterproductive subsidies competing with green and social investments, as well as assessing the distributional effects of climate policies across different income groups, in order to identify the policy measures needed to address these impacts; calls for a social convergence framework to be automatically reflected in the country- specific recommendations; highlights the need for a permanent fiscal capacity or EU Sovereignty Fund to ensure all Member States have the fiscal leeway to tackle the social, climate, and environmental challenges;
2024/01/16
Committee: EMPL
Amendment 169 #

2023/2116(INI)

Motion for a resolution
Paragraph 8
8. Reminds the Member States of their commitment to undertake reforms and make investments that have a social impact and contribute to the EU’s economic, social and territorial cohesion and sustainable and inclusive growth, as well as contribute to the implementation of the EPSR through their national recovery and resilience plans, their future medium term fiscal-structural plans, and national action plans for the implementation of the EU Child Guarantee; calls, in this sense, for a mainstreaming of the EPSR in all EU funds through the introduction of social conditionality in their allocation rules, as part of the Financial Regulation1[1] covering the EU general budget; stresses the importance of involving social partners and civil society organisations in the development, implementation, monitoring and evaluation of medium term national fiscal-structural plans in the context of the economic governance review; _________________ 1 Regulation (EU, Euratom) 2018/1046 of the European Parliament and of the Council of 18 July 2018 on the financial rules applicable to the general budget of the Union, amending Regulations (EU) No 1296/2013, (EU) No 1301/2013, (EU) No 1303/2013, (EU) No 1304/2013, (EU) No 1309/2013, (EU) No 1316/2013, (EU) No 223/2014, (EU) No 283/2014, and Decision No 541/2014/EU and repealing Regulation (EU, Euratom) No 966/2012 (OJ L 193, 30.7.2018, p. 1).
2024/01/16
Committee: EMPL
Amendment 177 #

2023/2116(INI)

Motion for a resolution
Paragraph 9
9. Takes note of the Commission’s proposals for new regulations within the revision of the economic governance framework of April 2023 to strengthen debt sustainability and enhance sustainable and inclusive growth through investment and reforms, including fiscal adjustment paths that allow for social investment; calls on the Commission to assess which expenditures and investments are necessary to achieve the long-term socioeconomic objectives required to comply with milestones in the national recovery and resiliencecommon EU priorities defined in the revised economic governance framework as well as milestones in the national recovery and resilience plans, and required to implement country-specific recommendations as well as future medium-term fiscal structural plans; calls on the Commission to propose a new system for excessive deficit calculations based on this assessment in order to increase fairness during the green and digital transitions, social resilience and the implementation of the EPSR, while ensuring the sustainability of public finances in the Member States;
2024/01/16
Committee: EMPL
Amendment 188 #

2023/2116(INI)

Motion for a resolution
Paragraph 10
10. Calls on the Commission to develop an economic governance architecture in the EU based on transparency, accountability, solidarity, integration, social justice, convergence, gender equality, high-quality public and social services, including a quality public education and training system for all, quality employment and sustainable development;
2024/01/16
Committee: EMPL
Amendment 195 #

2023/2116(INI)

Motion for a resolution
Paragraph 11
11. Welcomes the fact that, in order to promote upward social convergence, the multilateral surveillance procedure set out in Article 148(4) TFEU has been, for the first time, complemented by an early warning system within the European Semester through a social convergence framework that could encourage the correction of risks to social convergence identified through the Social Scoreboard headline indicators and through social convergence reports published by the Commission; stresses the importance of implementing the Social Convergence Framework as as a permanent feature of the Semester from the 2025 cycle onwards; highlights the importance of including social divergence risks in the country-specific recommendations, especially those risks that concern people’s early development and that can have long- lasting consequences for individuals, such as equal access to quality education and care as well as healthcare, and highlights the importance of taking them into account when defining fiscal adjustment paths and medium term fiscal-structural plans;
2024/01/16
Committee: EMPL
Amendment 197 #

2023/2116(INI)

Motion for a resolution
Paragraph 11 a (new)
11 a. Calls for progress on the social dimension of EU Taxonomy; highlights that in February 2022 the technical Report from the Commission’s advisory group on Sustainable Finance already highlighted several merits of a social dimension for EU Taxonomy; 1g regrets that, although the EU Taxonomy Regulation 2020/852 mandated the European Commission to publish a report by 31 December 2021 describing the provisions that would be required to extend the scope of the Regulation beyond environmentally sustainable economic activities, such report has not been published yet; _________________ 1g https://finance.ec.europa.eu/system/files/2 022-08/220228-sustainable-finance- platform-finance-report-social- taxonomy_en.pdf
2024/01/16
Committee: EMPL
Amendment 198 #

2023/2116(INI)

Motion for a resolution
Paragraph 11 b (new)
11 b. Calls for the swift implementation of the Pay Transparency Directive; calls on Member States to assess work of equal value in accordance with objective gender-neutral criteria;
2024/01/16
Committee: EMPL
Amendment 202 #

2023/2116(INI)

Motion for a resolution
Paragraph 12
12. Calls for a more democratic European Semester process, with Parliament closely involved in setting macroeconomic and social policy priorities as well as in the taking of socio-economic governance decisions, in particular; considers that a revised European Semester process should follow the ordinary legislative procedure and so be agreed on between the Council and Parliament; calls to strengthen the European Semester by codifying it into a standalone EU regulation that could define the Semester and its thematic objectives and give more weight to the process, by also setting quality standards for stakeholder consultation in the regulation, explicitly including civil society and social economy actors;
2024/01/16
Committee: EMPL
Amendment 212 #

2023/2116(INI)

Motion for a resolution
Paragraph 13
13. Reconfirms the role of social partners in strengthening social dialogue and considers that the revision of the European Semester process should promote further structured and meaningful dialogue with the relevant stakeholders, in particular relevant social partners and civil society organisations, on the main policy issues where appropriate, in accordance with the provisions of the TFEU and national legal and political arrangements;
2024/01/16
Committee: EMPL
Amendment 216 #

2023/2116(INI)

Motion for a resolution
Paragraph 13 a (new)
13 a. Calls on the Commission to develop a mandatory EU ‘Youth Test’ so that all EU legislation and policy is subject to a youth focused impact assessment, consultation with youth, youth organisations and experts focused on youth, and the development of mitigation measures in case a negative impact is identified; calls on the Member states to consider a youth clause assessing the impact of an initiative on young people when putting forward new initiatives across all policy areas;
2024/01/16
Committee: EMPL
Amendment 11 #

2023/2063(INI)

Motion for a resolution
Citation 22 a (new)
– having regard to the Commission communication on ‘A Green Deal Industrial Plan for the Net-Zero Age’ of 1 February 2023 (COM(2023) 62 final),
2023/12/14
Committee: ECON
Amendment 14 #

2023/2063(INI)

Motion for a resolution
Citation 30 a (new)
– having regard to the 2023 research paper of EQUINET on The EU Green Deal’s Impact on Equality 10a, _________________ 10a Equinet: https://equineteurope.org/publications/pre liminary-assessment-of-the-eu-green- deals-impact-on-equality-survey-of- current-practices-and-needs-of-european- equality-bodies/
2023/12/14
Committee: ECON
Amendment 23 #

2023/2063(INI)

Motion for a resolution
Recital B
B. whereas the EU labour market continued to perform strongly in the first half of 2023 despite the slowdown in economic growth, yet labour shortages continue to be acute in someacross many sectors and occupations, in particular with regard to scale up and implementation of net zero technologies, according to the Commission’s autumn 2023 forecast; whereas unemployment hit a historic low in the EU as a whole with variation across Member States;
2023/12/14
Committee: ECON
Amendment 38 #

2023/2063(INI)

Motion for a resolution
Recital D a (new)
D a. whereas meeting the goals of the European Green Deal and Paris Agreement requires significant public and private investments;
2023/12/14
Committee: ECON
Amendment 61 #

2023/2063(INI)

Motion for a resolution
Paragraph 1
1. Expresses concern about the weak growtheconomic weakness in the EU; notes the continuous impact of energy prices and inflation on the purchasing power of households, resulting in energy poverty and increased risk of poverty for many Europeans, and on the ability to perform of EU companies;
2023/12/14
Committee: ECON
Amendment 72 #

2023/2063(INI)

Motion for a resolution
Paragraph 2
2. Recognises the efforts of the European Central Bank (ECB) to bring the inflation rate down in the euro area; considers rises in interest rates to only partially address the reasons for the hikes in inflation and that adequate and coordinated fiscal, structural and regulatory policies and reforms complementing the ECB’s monetary policy actions are needed; worries that investments in renewables and energy efficiency could also suffer, though these are precisely the investments required to reduce reliance on imported fossil fuels and limit inflation driven by energy prices;
2023/12/14
Committee: ECON
Amendment 83 #

2023/2063(INI)

Motion for a resolution
Paragraph 3
3. Stresses that a lack of public and private investments in certain Member States is hindering the potential of socially just and environmentally sustainable growth; highlights that these investments are crucial for the EU’s ability to cope with existing challenges, including the just green transition and increase the EU’s resilience and competitiveness during upcoming challenges, in particular with regard to making the EU independent from imported fossil fuels;
2023/12/14
Committee: ECON
Amendment 111 #

2023/2063(INI)

Motion for a resolution
Paragraph 4
4. Recalls that the European Semester is the established framework for coordinating the budgetary, economic, social, and employment policies across the Union in accordance with the Treaties, including the European Pillar of Social Rights, thereby safeguarding its macroeconomic stability and its social cohesion; notes that the 2023 Green Deal Industrial Plan is the EU’s growth strategy;
2023/12/14
Committee: ECON
Amendment 138 #

2023/2063(INI)

Motion for a resolution
Paragraph 7
7. Is concerned that the performance- based financing and verification system of the RRF delivers in practice too little in terms of results and creates too much bureaucracy; calls for more flexibility to adjust milestones and targets to take account of lessons learned during the implementation process; stresses the importance that reforms and investments under the Recovery and Resilience Plans meet the climate targets of the regulation and are in full respect of the “do no significant harm” principle;
2023/12/14
Committee: ECON
Amendment 151 #

2023/2063(INI)

Motion for a resolution
Paragraph 8
8. Supports streamlining EU cohesion policy programmes with investment needs identified under the RRF and in CSRs; recalls that cohesion policy serves a broader set of objectives than the RRF; calls for a comparable incorporation of stakeholder participation including civil society organisations in the drafting and implementation of national RRPs as it is for cohesion policy programmes;
2023/12/14
Committee: ECON
Amendment 175 #

2023/2063(INI)

Motion for a resolution
Paragraph 10
10. Underlines that the reform must lead to a simplification of the framework, be more country-specific and strengthen its enforceability, and enable Member States to meet the public investment needs for the green and digital transitions of their economies without undermining the sustainability of government debt; suggests the European Semester should mirror the medium-term nature of the future economic policy coordination framework;
2023/12/14
Committee: ECON
Amendment 185 #

2023/2063(INI)

Motion for a resolution
Paragraph 11
11. Welcomes that lessons have been learned from the design choices of the RRF in linking national fiscal, reform and investment commitments with EU financial incentives such as grants and loanbased on joint borrowing and additional own resources; greatly regrets that, unlike the RRF, the reform of the economic governance framework lacks the incentive mechanisms to support and promote necessary national policy reforms and investments; is concerned that some Member States will not have the financial capacity to finance the just green and digital transition on their own;
2023/12/14
Committee: ECON
Amendment 210 #

2023/2063(INI)

Motion for a resolution
Paragraph 14
14. Acknowledges the differences between individual Member States regarding the sustainability of their debt and their capacity to reduce debt while still being able to invest; emphasises therefore the need to allow Member States to have different debt reduction paths; fiscal paths; stresses the key role that national budgets will need to play in financing the green transition, in the absence of joint funding that would reduce the cost and align incentives as witnessed in the RRF process; highlights the need for a permanent EU investment capacity once the RRF runs out end-2026 to ensure all Member States have the fiscal leeway to accelerate the transition while preserving fair competition in the single market;
2023/12/14
Committee: ECON
Amendment 224 #

2023/2063(INI)

Motion for a resolution
Paragraph 15
15. Welcomes the fact that the Commission negotiates with the Member States individual fiscal-structural plans; underlines that such an increase in discretionary power for the Commission must be accompanied by increased accountability towards the European Parliament, including through legal powers in the event of decisions by EU institutions with material impacts on Member States’ national budgets;
2023/12/14
Committee: ECON
Amendment 241 #

2023/2063(INI)

Motion for a resolution
Paragraph 17
17. Recognises that the Economic Dialogue as part of the European Semester lays a useful foundation of accountability, but considers that proper accountability can only be achieved if the European Parliament has accountability instruments that allow it to apply legal consequences based on its assessment of the performance of the European Semester such as veto rights or holding Commissioners personally responsible;
2023/12/14
Committee: ECON
Amendment 7 #

2023/2058(INI)

Motion for a resolution
Recital A
A. whereas the economic recovery and, the climate crisis and other societal challenges increase the need to mobilise more resources and re-evaluate current taxation policies in the Member States;
2023/09/04
Committee: ECON
Amendment 12 #

2023/2058(INI)

Motion for a resolution
Recital A a (new)
Aa. whereas inequality levels have increased throughout Europe when compared to 1980and negatively impact our societies 1a _________________ 1a World Inequality Database, 2019, How Unequal Is Europe? Evidence from Distributional National Accounts, 1980- 2017, https://wid.world/europe2019/
2023/09/04
Committee: ECON
Amendment 43 #

2023/2058(INI)

Motion for a resolution
Recital F a (new)
Fa. whereas crises amplify and exacerbate pre-existing structural inequalities, including gender inequalities; whereas women were more impacted by economic insecurity during the Covid-19 pandemic; whereas adequately resourced public services play a vital role in supporting and protecting women during times of crises;
2023/09/04
Committee: ECON
Amendment 50 #

2023/2058(INI)

Motion for a resolution
Recital H a (new)
Ha. whereas Europe as well as the rest of the globe is facing environmental challenges of unprecedented scale and urgency;
2023/09/04
Committee: ECON
Amendment 51 #

2023/2058(INI)

Motion for a resolution
Recital H b (new)
Hb. whereas the polluter pays principle’s coverage and application in the EU is fragmented and incomplete;
2023/09/04
Committee: ECON
Amendment 52 #

2023/2058(INI)

Motion for a resolution
Recital H c (new)
Hc. whereas revenues from environmental taxes remain marginal as it accounts for only 5.5% of total tax revenues in the EU, minimising the potential of environmental taxation to contribute to climate and nature protection; 2a _________________ 2a European Commission, Directorate- General for Taxation and Customs Union, Annual report on taxation 2023: review of taxation policies in the European Union, Publications Office of the European Union, 2023, https://data.europa.eu/doi/10.2778/982557
2023/09/04
Committee: ECON
Amendment 58 #

2023/2058(INI)

Motion for a resolution
Recital I a (new)
Ia. whereas in particular the wealthy parts of society have ecological footprints beyond the planetary carrying capacity 3a _________________ 3a https://www.cambridge.org/core/journals/ global-sustainability/article/unequal- distribution-of-household-carbon- footprints-in-europe-and-its-link-to- sustainability/F1ED4F705AF1C6C1FCA D477398353DC2
2023/09/04
Committee: ECON
Amendment 65 #

2023/2058(INI)

Motion for a resolution
Recital K
K. whereas SMEs are especially affected by the complexities of the tax system, in particular tax compliance, compared to MNEs; whereas tax avoidance by MNEs undermines the level playing field between MNEs and SMEs;
2023/09/04
Committee: ECON
Amendment 114 #

2023/2058(INI)

Motion for a resolution
Paragraph 7 a (new)
7a. Is concerned that large-scale corporate tax avoidance continues to deprive governments of revenue needed to address the cost of living crisis and worsening inequalities, and at the same time to finance high-quality public services, as well as climate action, sustainable development and humanitarian responses; Notes that a number of Member States continuously play a role in enabling corporate tax avoidance;
2023/09/04
Committee: ECON
Amendment 159 #

2023/2058(INI)

Motion for a resolution
Paragraph 13
13. Notes with concern that income inequality has increased in the last 30 years, with wealth being even more concentrated than income and capital gains being mostly realised by the top decile of the population; considers that the Member States should more effectively redistribute income and wealth through the taxation of capital gains, property and wealth; calls on the Commission to play a more active role in these areas; supports calls to start international-level negotiations to establish a progressive wealth tax, in the same vein as the OECD/G20 global tax deal for corporations;
2023/09/04
Committee: ECON
Amendment 163 #

2023/2058(INI)

Motion for a resolution
Paragraph 13 a (new)
13a. Notes that the EU should lead in taxing more effectively capital gains and wealth; Observes the proposals put forward in the United States in this regard; Calls on Member States to introduce wealth taxes; Calls on the EU Code of Conduct to assess harmful tax practices to attract high net worth individuals in Member States;
2023/09/04
Committee: ECON
Amendment 166 #

2023/2058(INI)

Motion for a resolution
Paragraph 13 b (new)
13b. Points out that digitalization are making the taxpayers and tax bases of all types of tax increasingly mobile; notes that this could reinforce the tendency to rely on immobile tax bases; emphasises that such tendency leads to severe unequal outcomes for ordinary citizens;
2023/09/04
Committee: ECON
Amendment 196 #

2023/2058(INI)

Motion for a resolution
Paragraph 17
17. Observes with concern that private jet flights have exponentially increased in the EU in the past few crisis years; calls for an EU-wide prohibitive tax on private jets; calls on the Commission to consider in general progressive carbon taxes; urges Member States to finally conclude the negotiations on the revision of the Energy Taxation directive;
2023/09/04
Committee: ECON
Amendment 206 #

2023/2058(INI)

Motion for a resolution
Paragraph 18
18. Observes that eliminating tax- related disincentives for female employment and unequal distribution of paid and unpaid work is one of the most critical objectives of tax policy from a gender-equality perspective; calls on the Commission to provide guidance on taking gender equality into account in tax policy design and tax administration; notes the need to improve the collection of gender- disaggregated data; calls on the Commission to assess existing data with respect to tax policy design and its impact on unpaid care work, use of public services, income and pension differentials and labour market participation;
2023/09/04
Committee: ECON
Amendment 3 #

2023/0373(COD)

Proposal for a regulation
Recital 32
(32) MAs micro, small and medium-sized enterprises (SMEs) inaccount for an important share of the pellet supply chain, they should comply with the relevant obligations laid down in this Regulation, however they could face proportionally higher costs and difficulties when complying with some of the obligations. The Commission should raise awareness among economic operators and carriers regarding the necessity of preventing pellet losses. Additionally, the Commission should develop training materials to assist them, taking into account the non- binding Recommendation adopted by the parties to the Convention for the Protection of the Marine Environment of the North-East Atlantic (OSPAR). Additionally, the Commission should develop training materials, in consultation with all relevant stakeholders, to assist economic operators and carriers in fulfilling their obligations, particularly with respect to the requirements of the risk assessment. Member States should provide access to information and assistance regarding compliance with obligations and the risk assessment requirements. Regarding the assistance of Member States, this could include technical and financial support as well as specialised training to SMEsupport and specialised training to SMEs, as well as financial support and access to finance for micro and small-sized enterprises. Member States actions should be taken in respect of applicable State aid rules.
2023/12/12
Committee: ITRE
Amendment 7 #

2023/0373(COD)

Proposal for a regulation
Article 12 – paragraph 1
1. TWithin 6 months after the entry into force of this Regulation, the Commission shall develop awareness raising and training material on the sound implementation of the obligations laid down in this Regulation in consultation with, taking into account the non-binding Recommendation adopted by the parties to the Convention for the Protection of the Marine Environment of the North-East Atlantic (OSPAR). This shall be done in consultation with relevant stakeholders, including representatives of economic operators, carriers, and certifiers, including micro, small and medium-sized enterprises, as well as civil society organisations, and in collaboration with competent authorities.
2023/12/12
Committee: ITRE
Amendment 9 #

2023/0373(COD)

Proposal for a regulation
Article 12 – paragraph 2 – subparagraph 1
Member States shall ensure that economic operators and carriers, especially micro, small and medium-sized enterprises, get access to information and assistance regarding compliance with this Regulation.
2023/12/12
Committee: ITRE
Amendment 10 #

2023/0373(COD)

Proposal for a regulation
Article 12 – paragraph 2 – subparagraph 2 – introductory part
Without prejudice to applicable state aid rules, the assistance referred to in the first subparagraph, for micro and small-sized enterprises, may take the form of:
2023/12/12
Committee: ITRE
Amendment 14 #

2023/0373(COD)

Proposal for a regulation
Article 12 – paragraph 2 – subparagraph 2 a (new)
For medium-sized enterprises, the assistance may take the form of point (c) and (d) of this article.
2023/12/12
Committee: ITRE
Amendment 18 #

2023/0373(COD)

Proposal for a regulation
Article 17 – paragraph 1
The Commission is empowered to adopt delegated acts in accordance with Article 198 to amend Annexes I to IV. in order to take account of the technical progress and scientific developments.
2023/12/12
Committee: ITRE
Amendment 19 #

2023/0373(COD)

Proposal for a regulation
Article 17 – paragraph 2 – point d
(d) the specific needstructural constraints of micro, small and medium-sized enterprises.
2023/12/12
Committee: ITRE
Amendment 90 #

2023/0321(CNS)

Proposal for a directive
Recital 5
(5) The environment for doing business in the internal market should be made more attractive with the aim to stimulate growth and investment in the Union. For this purpose, the enactment of a common framework of corporate tax rules should be prioritised, in order to make it easier for businesses to comply with such rules when they operate across borders and also to encourage those who wish to further expand abroad to do so. A single set of corporate tax rules for international activity is expected to result in enhanced tax certainty and less tax disputes, as it would tackle distortions and decrease the number of cases of double and over-taxation. Furthermore, as tax revenue sustainability is key to(non) taxation. Harmonisation of rules also implies less opportunities to abuse some specific national tax provisions in a pan- European context. With an allocation of the taxable base, which is based on two factors the common framework of corporate tax rules will mitigate tax avoidance and aggressive tax planning. Due to the critical importance of sustainable tax revenue for Member States' budgets, including to invest in infrastructure, research and development and to deliver public services, it would be critical to ensure for the futment in the digital, green and social transitions, in research and development and for the provision of public services, especially for the most vulnerable households, it is essential to ensure that the allocharmonisation of revenues is performed in accordance with a tool based on solid parameters that cannot be abusedprofit determination rules in the Union will not lead to lower effective tax rates and lower revenues for Member States.
2024/01/18
Committee: ECON
Amendment 98 #

2023/0321(CNS)

Proposal for a directive
Recital 7
(7) Although the threshold would be determined on the basis of the combined revenues of the group on a global basis, the remit of the provisions should be limited to members of the group operating on the internal market as Union law only applies within the Union and does not bind non- Member States. Only the Union sub-set of such a group should therefore be captured. This would include companies which are resident for tax purposes in a Member State and their permanent establishments, including a significant economic presence, operating in a Member State as well as the permanent establishments in the Union of third country companies of the same group. Considering that the concept of a permanent establishment is dealt with within bilateral tax treaties and national law and although the definition features some common principles, there is still a degree of divergence worldwide. Consequently, it would be a pragmatic approach to rely on the existing double taxation treaties and national rules of the Member States, rather than attempt full harmonisation through secondary Union law.
2024/01/18
Committee: ECON
Amendment 103 #

2023/0321(CNS)

Proposal for a directive
Recital 8 a (new)
(8a) This Directive also lays down rules extending the concept of a permanent establishment, as to include a significant economic presence through which a business is wholly or partly carried on. The underlying objective is to improve the resilience of the internal market as a whole in order to address the challenges of taxation of the digitalised economy. The increased importance of services, accelerated by the digitalisation of the economy, has led to recent proposals, as embedded in the OECD/G20 Pillar One proposal, to define a ‘significant economic presence’ as a taxable nexus based on a purely quantitative threshold of sales in any given country in order to capture all sectors and ensure simplicity. This objective cannot be sufficiently achieved by the Member States acting individually because digital businesses are able to operate cross-border without having any physical presence in a jurisdiction and rules are therefore needed to ensure that they pay taxes in the jurisdictions where they make profits, by providing services or selling products (henceforth "sales")
2024/01/18
Committee: ECON
Amendment 104 #

2023/0321(CNS)

Proposal for a directive
Recital 8 b (new)
(8b) In order to provide for a robust definition of a taxable nexus of a business in a Member State whether the business is digital or not, it is necessary that such a definition is based on the revenues from any sales, including from the supplied digitalised services. The definition included in this Directive is equal to definition agreed in the framework of the OECD/G20 Pillar One proposal. This is to ensure coherence between the Directive and the international framework. The Union should lead by example in international tax reform to provide certainty to tax payers.
2024/01/18
Committee: ECON
Amendment 108 #

2023/0321(CNS)

Proposal for a directive
Recital 10 a (new)
(10a) A fair taxation of passive income such as interest is required. It is therefore appropriate to lay down an interest limitation rule applicable to BEFIT group members in such a way as to reduce the debt-equity bias that can occur via an over-reliance to intra-group debt financing and to reduce the scope for base erosion and profit shifting through excessive interest payments.
2024/01/18
Committee: ECON
Amendment 111 #

2023/0321(CNS)

Proposal for a directive
Recital 10 b (new)
(10b) To guarantee a minimal level of taxation of royalties, a royalties limitation rule for BEFIT group members should be introduced in accordance with the Subject to Tax Rule as proposed by the OECD/G20 Inclusive Framework in Pillar II.
2024/01/18
Committee: ECON
Amendment 112 #

2023/0321(CNS)

Proposal for a directive
Recital 10 c (new)
(10c) A fairer taxation of passive income also requires robust Controlled Foreign Company (CFC) rules for BEFIT group members in order to make them more resilient against profit shifting.
2024/01/18
Committee: ECON
Amendment 114 #

2023/0321(CNS)

Proposal for a directive
Recital 11
(11) Accordingly, it is essential to address specific sectors of activity, notably international shipping, that require certain sector-specific adjustments. For group members in this sector, the financial accounts would have to be adjusted, in order to exclude an amount (profit or loss) covered by a tonnage tax regime. Special tax regimes for international shipping, often referred to as ‘Tonnage tax regimes’ would normally allow for taxation on the basis of the tonnage (i.e., the carrying capacity) of ships operated by a group member rather than the actual profits or losses incurred by the group member through activities eligible for tonnage tax. An exclusion of such an amount would, therefore, build on the different acknowledged approaches for the computation of the tax base and would ensure a suitable consistency with the different policy objectives of the internal market.deleted
2024/01/18
Committee: ECON
Amendment 118 #

2023/0321(CNS)

Proposal for a directive
Recital 12
(12) To achieve the key objective of creating a simplified corporate tax framework, the preliminary tax results for each group member should be aggregated into one single common tax base, in order to subsequently allocate this base to eligible group members. The tax adjustments to the financial statements would produce preliminary tax results for each group member. These results would then be aggregated, which would allow for cross-border loss relief between BEFIT group members, limited to five years, and subsequently, the aggregated tax base would be allocated to group members based on a transition allocation rule; this would pave the way towards a permanent mechanism. That permanent mechanism could be based on a formulary apportionment and would render the need for intra-BEFIT group transactions to be consistent with the arm’s length principle redundant. It would have the advantage of using more recent country-by-country reporting (‘CbCR’) data and the information gathered during the transition period. This will also allow for a more thorough assessment of the impact that the implementation of the two-pillar approach is expected to have on national tax bases and the BEFIT group tax bases. In this way, it would still become possible to materialise the key objective of tax neutrality in the internal market,formulary apportionment. This will materialise the key objective of tax neutrality in the internal market, render the arm’s length principle redundant which would reduce instances of double and over-non taxation and enhance tax certainty with the aim of reducing the number of tax disputes.
2024/01/18
Committee: ECON
Amendment 122 #

2023/0321(CNS)

Proposal for a directive
Recital 12 a (new)
(12a) The importance of simplicity also suggests minimising the factors used for apportionment. Based on international experiences, such as the United States and Canada, the allocation formula consists of two factors: employment and unrelated third party revenues. Tangible and intangible assets have been excluded as there are significant variations between businesses in their need for physical assets. Economists have argued that including assets in the formula would particularly deter capital investment in assets. The growth of services and the increased importance of skilled and intellectual work in many sectors have widened the gap between these and businesses still highly invested in physical assets. In some sectors even expensive physical assets are mobile, for example transportation and construction, which would make it difficult to tie such investments to specific geographical locations. There are also significant difficulties in valuing fixed assets. These considerations, together with the need for simplicity, support the argument for a two-factor formula based on employees and revenues.
2024/01/18
Committee: ECON
Amendment 124 #

2023/0321(CNS)

Proposal for a directive
Recital 12 b (new)
(12b) During a three year ‘test’ phase, the Commission should carry out a comprehensive review of the allocation rule as part of which it shall prepare a study on the composition and weight of the formula and submit a report to the Council by the end of the third fiscal year. If the Commission deems it appropriate, taking into account the conclusions of this report, it could adopt a legislative proposal to amend this Directive by introducing a different method for the allocation of the BEFIT tax base.
2024/01/18
Committee: ECON
Amendment 125 #

2023/0321(CNS)

Proposal for a directive
Recital 13
(13) The aggregation of the tax results amongst group members would not be a suitable measure for certain sectors, such as extractive activities as well as international shipping, inland waterways transport and air transport. It would therefore be important to exclude those from the aggregation as their characteristics do not fit in such context. Any amount of the profit or loss of companies that operate in the field of international traffic which is not covered by a tonnage tax regime (and thus excluded from the preliminary tax results), would have to be kept out of the aggregation while it would be computed by applying the common corporate tax rules.deleted
2024/01/18
Committee: ECON
Amendment 129 #

2023/0321(CNS)

Proposal for a directive
Recital 14
(14) To provide space for growth and investment, Member States would also be allowed to individually apply additional post-allocation adjustments (e.g. tax treatment of pension contributions) in areas not covered by the common framework. Member States would also be free to further adjust their allocated share without a ceiling in order to ensure that Member States can make their national policy choices in this area. Most importantly, Directive (EU) 2022/2523 would effectively set a ceiling which would effectively ensure that the effective tax rate is at least 15%. The post-allocation adjustments should focus on input-based tax incentives. Member States should refrain from offering output-based tax incentives such as patent boxes and other intellectual property regimes. In addition, each Member State should publish detailed information on the impact of tax expenditures on revenues as obliged under Directive (EU) 2011/84, article 14. At a minimum, each tax expenditure should be associated with one or more policy objectives, state its targeted beneficiaries, and estimate how much revenue has been forgone. Furthermore, it is recommended for Member States, in the context of the green transition, to introduce a qualitative component to ensure minimal coherence with the Sustainable Development Goals. For instance, Member States could carry-on sustainability evaluations on adjustments that apply to their allocated share.
2024/01/18
Committee: ECON
Amendment 131 #

2023/0321(CNS)

Proposal for a directive
Recital 14 a (new)
(14a) To spur investments to achieve the UN Sustainable Development Goals and to respond to the climate emergency, Member States are incentivised to adopt targeted accelerated depreciation rules at the national level. These rules are vital for a swift green transition, aligning economic incentives with environmental goals whilst addressing social inequalities and alleviating poverty. They stimulate economic growth, create jobs and foster innovation in sustainable technologies. By encouraging green investments, it accelerates progress towards clean energy, restoring biodiversity and water supplies, and resilient infrastructure. By encouraging such investments in low- income countries, green energy supply chains can be strengthened. The Member States should lead in sustainability which will ultimately increase the resilience and competitiveness of the internal market. At the same time, this Directive aims at disincentivising further investments in fixed assets in fossil-fuel related activities and those fixed assets with a high carbon content, both in their production and use. To operationalise these incentives and disincentives the Commission is tasked to adopt implementing acts.
2024/01/18
Committee: ECON
Amendment 140 #

2023/0321(CNS)

Proposal for a directive
Recital 18
(18) To ensure that the rules of the common framework are implemented and enforced correctly, Member States should lay down rules on penalties applicable to infringements of national provisions adopted pursuant to this Directive. Such penalties should be effective, proportionate and dissuasive. Those penalties should be set at a minimum rate of 0,1 % of the turnover of the BEFIT group in case of failure to file the BEFIT information return accordingly and in case of confirmed intentional misreporting of filing information return
2024/01/18
Committee: ECON
Amendment 144 #

2023/0321(CNS)

Proposal for a directive
Recital 19
(19) To optimise the benefits of having a common legal framework for computing the corporate tax base in the internal market, the application of the rules should be optional for groups, including SME groups, who earn annual combined revenues of less than EUR 750 000 000 as long as they prepare consolidated financial statements and have a taxable presence in the Union. By keeping the application of the rules open to groups of a smaller size, more groups with cross-border structures and activities may benefit from the simplification that the common framework offers. After three years this Directive starts to apply, the Commission should issue a legislative proposal to amend this Directive to make this system mandatory for companies with annual combined revenues of EUR 40 000 000 or more in at least two of the last four fiscal years.
2024/01/18
Committee: ECON
Amendment 148 #

2023/0321(CNS)

Proposal for a directive
Recital 21 a (new)
(21a) Each BEFIT group should have a filing entity, which should determine the country of the filing authority and the competent tax authority which will lead the BEFIT team. As a matter of principle, the filing authority should be based in the Member State where the parent company of the BEFIT group is resident for tax purposes. When the BEFIT group is owned by a firm headquartered in a third country, the filing entity should be the European intermediate parent undertaking, where there is one.
2024/01/18
Committee: ECON
Amendment 149 #

2023/0321(CNS)

Proposal for a directive
Recital 21 b (new)
(21b) By 31 December 2026, the Commission should, where appropriate, submit a legislative proposal for a harmonised, common European taxpayer identification number. This will in turn not only facilitate the communication between the representatives of Member States and the BEFIT team, but also increase the efficiency of tax information exchange within the Union.
2024/01/18
Committee: ECON
Amendment 155 #

2023/0321(CNS)

Proposal for a directive
Article 1 – paragraph 2 a (new)
2a. This Directive also lays down rules extending the concept of a permanent establishment, as it applies for the purposes of corporate tax in each Member State, so as to include a significant economic presence through which a business is wholly or partly carried on.
2024/01/18
Committee: ECON
Amendment 182 #

2023/0321(CNS)

Proposal for a directive
Article 2 a (new)
Article 2a Significant economic presence 1. For the purposes of corporate tax, a permanent establishment shall be taken to exist if a significant economic presence exists through which a business is wholly or partly carried on. 2. Paragraph 1 shall be in addition to, and shall not affect or limit the application of, any other test under Union or national law for determining the existence of a permanent establishment in a Member State for the purposes of corporate tax, whether specifically in relation to the supply of digital services or otherwise. 3. A 'significant economic presence' shall be considered to exist in a Member State in a tax period if total revenues derived by a BEFIT group from that Member State are above EUR 1 000 000. 4. The Commission shall, by means of implementing act laying down the detailed methodology for the sourcing rules to define the revenues. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 73.
2024/01/18
Committee: ECON
Amendment 183 #

2023/0321(CNS)

Proposal for a directive
Article 3 – paragraph 1 – point 10 – point b
(b) if the ultimate parent entity is not located in a Member State, the intermediate parent entity located in a Member State, or, in absence of such, the entity located in a Member State and that has been appointed by the BEFIT group to fulfil the obligations in relation to the BEFIT group information return set out in Article 57 on behalf of the BEFIT group.
2024/01/18
Committee: ECON
Amendment 188 #

2023/0321(CNS)

Proposal for a directive
Article 5 – paragraph 1 – point a
(a) the company is either the ultimate parent entity of the group, the intermediate parent company of the group located in a Member State or any other company of the group in which the ultimate parent entity holds, directly or indirectly, at least 750% of the ownership rights or of the rights giving entitlement to profit;
2024/01/18
Committee: ECON
Amendment 189 #

2023/0321(CNS)

Proposal for a directive
Article 5 – paragraph 1 – point b
(b) the head office of the permanent establishment is either the ultimate parent entity of the group, the intermediate parent company of the group located in a Member State or any other member (company or entity) of the group in which the ultimate parent entity holds, directly or indirectly, at least 750% of the ownership rights or of the rights giving entitlement to profit.
2024/01/18
Committee: ECON
Amendment 195 #

2023/0321(CNS)

Proposal for a directive
Article 8 – paragraph 1
With the exception of financial assets held for trading, as referred to in Article 11(1), and investments made for the benefit of life insurance policyholders bearing the investment risk in the context of a unit- linked/index-linked life insurance policy, as referred to in Article 14, the financial accounting net income or loss of a BEFIT group member shall be adjusted to exclude 95% of the amount of dividends or other distributions received or accrued during the fiscal year, provided that at the date of distribution, the ownership interest is held by the BEFIT group member for more than one year and this interest carries right to more than 10% of the profits, capital, reserves or voting rights, and the dividends or other distributions have been subject to an effective tax rate not below 9%.
2024/01/18
Committee: ECON
Amendment 206 #

2023/0321(CNS)

Proposal for a directive
Article 13 – paragraph 1
1. A BEFIT group member shall adjust its financial accounting net income or loss to include the amount of exceeding borrowing costs, as referred to in Article 2 of Council Directive (EU) 2016/1164 of 12 July 2016 laying down rules against tax avoidance practices that directly affect the functioning of the internal market11 , which is not deductible for tax purposes in accordance with the interest limitation rules laid down in the national corporate tax law of the Member State where it is resident for tax purposes.paragraph 1a. _________________ 11 Council Directive (EU) 2016/1164 of 12 July 2016 laying down rules against tax avoidance practices that directly affect the functioning of the internal market (OJ L 193, 19.7.2016, p. 1)
2024/01/18
Committee: ECON
Amendment 208 #

2023/0321(CNS)

Proposal for a directive
Article 13 – paragraph 1 a (new)
1a. Exceeding borrowing costs shall be deductible up to 75 % in the tax period in which they are incurred. If such amount is higher than 10 % of the taxpayer's earnings before interest, tax, depreciation, and amortisation (EBITDA), the taxpayer is entitled to deduct only the lower of the two amounts in the tax period. Article 4 paragraphs 2, 3, 4, point (b), 5, 7, 8 of Article 4 of Council Directive (EU) 2016/11641 apply to a BEFIT group.
2024/01/18
Committee: ECON
Amendment 211 #

2023/0321(CNS)

Proposal for a directive
Article 13 a (new)
Article13a Royalty limitation rule A BEFIT group member shall adjust its financial accounting net income or loss to include the amount of royalty costs for which the corresponding income of the recipient of the royalty or licence fee payment by the BEFIT group is subject to an effective tax rate below 9 %.
2024/01/18
Committee: ECON
Amendment 212 #

2023/0321(CNS)

Proposal for a directive
Article 15 – paragraph 1
The financial accounting net income or loss of a BEFIT group member carrying out shipping activities shall be adjusted to exclude the amount of revenues, expenses and other deductible items derived from such activities covered by a tonnage tax regime.deleted
2024/01/18
Committee: ECON
Amendment 214 #

2023/0321(CNS)

Proposal for a directive
Article 17 – paragraph 1
The financial accounting net income or loss of a BEFIT group member shall be adjusted to include the amount of any corporate tax, similar taxes on profits and deferred taxes accrued for the fiscal year as well as any amount recorded as current taxes in the financial accounts in relation to the payment of top-up tax due in accordance with Directive (EU) 2022/2523 or in application of a Qualified Domestic Top-up Tax as referred to in Article 11 of that Directive, or any other alternative minimum taxes.
2024/01/18
Committee: ECON
Amendment 219 #

2023/0321(CNS)

Proposal for a directive
Article 21 a (new)
Article 21a Controlled Foreign Companies 1. The financial accounting net income or loss of a BEFIT group member shall be adjusted to include the non- distributed income of an entity or permanent establishment, which is treated as a controlled foreign company as referred to Article 7(1) of Directive (EU) 2016/1164, which is derived from the following categories: (i) interest or any other income generated by financial assets; (ii) royalties or any other income generated from intellectual property; (iii) dividends and income from the disposal of shares; (iv) income from financial leasing; (v) income from insurance, banking, and other financial activities; (vi) income from invoicing companies that earn sales and services income from goods and services purchased from and sold to associated enterprises, and add no or little economic value; The first subparagraph shall not apply where the controlled foreign company carries out a substantive economic activity supported by staff, equipment, assets, and premises, as evidenced by relevant facts and circumstances. Where the controlled foreign company is resident or situated in a third country that is not party to the EEA Agreement, Member States may decide to refrain from applying the first subparagraph. 2. The income to be included in the tax base shall be calculated according to Article 8 of Directive (EU) 2016/1164.
2024/01/18
Committee: ECON
Amendment 226 #

2023/0321(CNS)

Proposal for a directive
Article 22 – paragraph 2 – point a
(a) all buildings as well as any other type of immovable property and structure in use for the business: 2830 years;
2024/01/18
Committee: ECON
Amendment 228 #

2023/0321(CNS)

Proposal for a directive
Article 22 – paragraph 2 – point b
(b) all other fixed tangible assets: their useful life as assessed in accordance with the acceptable accounting standard in the Union referred to in Article 7;, but not less than 10 years.
2024/01/18
Committee: ECON
Amendment 230 #

2023/0321(CNS)

Proposal for a directive
Article 22 – paragraph 2 – point c
(c) fixed intangible assets, including acquired goodwill: the period for which the asset enjoys legal protection or for which the right has been granted and, where that period cannot be determined, 520 years.
2024/01/18
Committee: ECON
Amendment 233 #

2023/0321(CNS)

Proposal for a directive
Article 22 – paragraph 2 a (new)
2a. By way of derogation from the second paragraph fixed assets with a large carbon footprint, both in their production and in their use, shall be depreciated up until half their market value. The Commission shall, by means of implementing act laying down the criteria to define the values constituting a large carbon footprint. The rules shall be updated every 3 years. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 73.
2024/01/18
Committee: ECON
Amendment 235 #

2023/0321(CNS)

Proposal for a directive
Article 22 – paragraph 5
5. The value for tax purposes of a fixed asset that is disposed of, or damaged to an extent that it can no longer be used for the business, and the value for tax purposes of any improvement costs incurred in relation to that asset shall be deducted from the preliminary tax result in the month of the disposition or damage. Member States are not allowed to grant further entitlement to depreciate to a BEFIT group member other than those specified in this Section.
2024/01/18
Committee: ECON
Amendment 238 #

2023/0321(CNS)

Proposal for a directive
Article 22 a (new)
Article 22a Accelerated Green and Social depreciation rules 1. By way of derogation from Article 22, fixed assets acquired by BEFIT group members in the Union or in low-income countries that contribute significantly to the climate goals and the UN 2030 Sustainable Development Goals shall be subject to accelerated depreciation rules at Member State level. 2. The Commission shall, by means of implementing act laying down the necessary framework and criteria to operationalize paragraph 1. The rules shall be updated every 3 years. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 73. 3. Member States shall inform the Commission on their existing accelerated depreciation rules at national level, according to paragraph 1 and 2, three months after this Directive starts to apply and in accordance to the obligation in Article 48, paragraph 2. 4. When this Directive starts to apply, Member States shall inform the Commission on their new accelerated depreciation rules 6-months prior to their entry into force at national level and in accordance to the obligation in Article 48, paragraph 2.
2024/01/18
Committee: ECON
Amendment 251 #

2023/0321(CNS)

Proposal for a directive
Article 27 – paragraph 1 – point a a (new)
(aa) fixed assets used in fossil fuel- related activities;
2024/01/18
Committee: ECON
Amendment 256 #

2023/0321(CNS)

Proposal for a directive
Article 38 – paragraph 1
Where a company or a permanent establishment enters a BEFIT group, any unrelieved losses incurred up until five years before the entry date, in accordance with the corporate tax law of the Member State of its tax residence or location respectively, shall be deducted from its share of the BEFIT tax base as determined in accordance with Chapter III.
2024/01/18
Committee: ECON
Amendment 264 #

2023/0321(CNS)

Proposal for a directive
Article 42 – paragraph 2 – point b
(b) a negative amount, the loss shall be carried forward for a maximum of five years and shall be set off against the next positive BEFIT tax base.
2024/01/18
Committee: ECON
Amendment 270 #

2023/0321(CNS)

Proposal for a directive
Article 45 – title
TransitionFormulary allocation rule
2024/01/18
Committee: ECON
Amendment 274 #

2023/0321(CNS)

Proposal for a directive
Article 45 – paragraph 1 – subparagraph 1
For each fiscal year between 1 July 2028 and 30 June 2035 at the latest (the ‘transition period’), the BEFIT tax base shall be allocated to the BEFIT group members ion accordance with the baseline allocation percentagethe basis of a formula that gives equal weight to two factors: number of employees and unrelated third party revenues.
2024/01/18
Committee: ECON
Amendment 276 #

2023/0321(CNS)

Proposal for a directive
Article 45 – paragraph 1 – subparagraph 2
For groups that become subject to this Directive after the end of the first fiscal year when this Directive starts to apply, the transition period referred to in the first subparagraph shall be terminated by 30 June 2035 at the latest.deleted
2024/01/18
Committee: ECON
Amendment 280 #

2023/0321(CNS)

Proposal for a directive
Article 45 – paragraph 2 – subparagraph 1 – introductory part
𝑩𝒂𝒔𝒆𝒍𝒊𝒏𝒆 𝒂𝒍𝒍𝒐𝒄𝒂𝒕𝒊𝒐𝒏=𝑻 𝑻𝒂 𝒐𝒙 𝒕𝒂 𝒂𝒃 𝒍𝒍 𝒕𝒆 𝒂 𝒓 𝒙𝒆 𝒂𝒔 𝒃𝒖𝒍𝒍 𝒆𝒕 𝒓𝒐 𝒆𝒇 𝒔 𝒂 𝒖 𝒍𝑩 𝒕 𝑬 𝒐𝑭 𝒇𝑰 𝒕𝑻 𝒉 𝒈 𝒆 𝒓 𝑩𝒐 𝑬𝒖 𝑭𝒑 𝑰 𝑻𝒎 𝒈𝒆 𝒓𝒎 𝒐𝒃 𝒖𝒆 𝒑𝑺𝒓 𝒉∗𝒂𝟏𝒓𝟎𝒆𝟎 𝑨=(𝟏 𝟐𝑼𝒏𝑼 𝒓𝒏 𝒆𝒓 𝒍𝒆 𝒂𝒍 𝒕𝒂 𝒆𝒕 𝒅𝒆 𝒅 𝒕𝒉 𝒕 𝒊𝒉 𝒓𝒊 𝒅𝒓 𝒅 𝒑𝒂 𝒑 𝒓𝒂 𝒕𝒓 𝒚𝒕 𝒓𝒚 𝒆 𝒓 𝒗𝒆 𝒆𝒗 𝒏𝒆 𝒖𝒏 𝒆𝒖 𝒔𝒆 𝑮𝒔 𝒓𝑨 𝒐𝒖𝒑+𝟏 𝟐𝑵𝒐𝑵 . 𝒐 𝑬. 𝒎𝑬𝒎 𝒑𝒍𝒑 𝒐𝒍 𝒚𝒐 𝒆𝒚 𝒆𝒆 𝒔𝒆 𝑮𝒔 𝒓𝑨 𝒐𝒖𝒑) ∗𝑪𝒐𝒏′𝒅 𝑻𝒂𝒙 𝑩𝒂𝒔𝒆
2024/01/18
Committee: ECON
Amendment 281 #

2023/0321(CNS)

Proposal for a directive
Article 45 – paragraph 2 – subparagraph 2
Where: (a) the taxable result of a BEFIT group member shall be the average of the taxable results in the three previous fiscal years. In the first fiscal year in which a BEFIT group is subject to this Directive, those taxable results shall be determined in accordance with the national corporate tax rules of the Member State in which the BEFIT group member is resident for tax purposes or is situated in the form of a permanent establishment. In the second fiscal year in which a BEFIT group is subject to this Directive, those taxable results shall be determined, for the first fiscal year in which a BEFIT group is subject to this Directive, in accordance with Chapter II of this Directive and for the two preceding fiscal years, in accordance with the national rules of the respective Member State. In the third fiscal year in which a BEFIT group is subject to this Directive, those taxable results shall be determined, for the first two fiscal years in which a BEFIT group is subject to this Directive, in accordance with Chapter II of this Directive and for the fiscal year that immediately precedes, in accordance with the national rules of the respective Member State. As from the fourth fiscal year in which a BEFIT group is subject to this Directive, those taxable results shall be determined in accordance with Chapter II of this Directive. (b) the total taxable result of the BEFIT group shall be the addition of the average of the taxable results, as referred to in point (a), of all BEFIT group members in the three previous fiscal years.deleted
2024/01/18
Committee: ECON
Amendment 292 #

2023/0321(CNS)

Proposal for a directive
Article 45 – paragraph 2 b (new)
2b. The Commission shall, by means of delegated acts laying down the necessary criteria identifying the two factors, including detailed rules on the calculation of these factors taking into account specific sectors such as digital service providers and international transport. Those delegated acts shall be adopted in accordance with the examination procedure referred to in Article 74.
2024/01/18
Committee: ECON
Amendment 293 #

2023/0321(CNS)

Proposal for a directive
Article 45 – paragraph 3
3. For the purpose of paragraph 2, Member States shall structure their risk assessment framework for the pricing of intra-BEFIT group transactions as follows: (a) low-risk zone: where the expense incurred, or the income earned, by a BEFIT group member from intra-BEFIT group transactions increase in a fiscal year by less than 10% compared to the average expense or income of the previous three fiscal years from intra- BEFIT group transactions; (b) high-risk zone: where the expense incurred, or the income earned, by a BEFIT group member from intra-BEFIT group transactions increase in a fiscal year by 10% or more compared to the average expense or income of the previous three fiscal years from intra- BEFIT group transactions.deleted
2024/01/18
Committee: ECON
Amendment 299 #

2023/0321(CNS)

Proposal for a directive
Article 45 – paragraph 4
4. Member States shall take the appropriate measures in order to structure their approach to risk compliance in accordance with the following principles: (a) low-risk zone: the competent authorities of the Member States concerned shall presume that the pricing of intra-BEFIT group transactions of a specific BEFIT group member is consistent with the arm’s length principle; (b) high-risk zone: the competent authorities of the Member States concerned shall presume that the pricing of intra-BEFIT group transactions of a specific BEFIT group member does not comply with the arm’s length principle and the part of the increase which goes beyond 10% shall not be recognized for the purpose of computing the baseline allocation percentage of that BEFIT group member. Notwithstanding the rule set out in the first sub-paragraph of point (b), a BEFIT group member shall be entitled to provide evidence to the competent authority of the Member State in which it is resident for tax purposes or situated in the form of a permanent establishment that the pricing of the relevant intra-BEFIT group transactions is set in accordance with the arm’s length principle. In such case, the full amount of expense from the intra- BEFIT group transactions in question, as evidenced, shall be recognized for the purpose of computing the baseline allocation percentage of that BEFIT group member.deleted
2024/01/18
Committee: ECON
Amendment 308 #

2023/0321(CNS)

Proposal for a directive
Article 45 – paragraph 6
6. If the structure of the BEFIT group changes during the transition period referred to in paragraph 1 due to new members joining the group or members leaving the group, the baseline allocation percentage shall be re- computed in accordance with paragraph 2. For each BEFIT group member, the BEFIT tax base shall be allocated in accordance with the new baseline allocation percentage for the time that remains until the end of this period, unless subsequent changes in the structure of the BEFIT group require a new re-computation of the baseline allocation percentage.deleted
2024/01/18
Committee: ECON
Amendment 310 #

2023/0321(CNS)

Proposal for a directive
Article 45 – paragraph 7
7. If the structure of the BEFIT group changes during the transition period referred to in paragraph 1 due to the creation of one or more new companies which qualify as BEFIT group members, the rules for allocating the BEFIT tax base, as laid down in paragraph 2, shall not apply to the new BEFIT group members in the first fiscal year. For subsequent fiscal years until the end of that transition period, the baseline allocation percentage of the new BEFIT group members shall be computed in accordance with paragraph 2.deleted
2024/01/18
Committee: ECON
Amendment 313 #

2023/0321(CNS)

Proposal for a directive
Article 45 – paragraph 8
8. If a group becomes subject to the rules of this Directive later than 1 July 2028, the baseline allocation shall be computed in accordance with paragraph 2. By way of derogation from paragraphs 1 and 2, the BEFIT tax base shall be allocated to the BEFIT group members over the remaining part of the transition period referred to in paragraph 1.deleted
2024/01/18
Committee: ECON
Amendment 316 #

2023/0321(CNS)

Proposal for a directive
Article 45 – paragraph 9
9. The Commission shall carry out a comprehensive review of the transiallocation rule as part of which it shall prepare a study on the possible composition and weight of selected formula factorsthe formula and submit a report to the Council by the end of the third fiscal year during the transition period referred to in paragraph 1. If the Commission deems it appropriate, taking into account the conclusions of this report, it may adopt a legislative proposal during the transition period, to amend this Directive by introducing a different method for the allocation of the BEFIT tax base using formulary apportionment and based on factorand include where needed sector-specific allocation rules.
2024/01/18
Committee: ECON
Amendment 318 #

2023/0321(CNS)

Proposal for a directive
Article 45 – paragraph 10
10. The rules laid down in paragraphs 1 to 8 shall continue to apply until any amendment thereof has come into effect.deleted
2024/01/18
Committee: ECON
Amendment 329 #

2023/0321(CNS)

Proposal for a directive
Article 47
Article 47 Exception for shipping not covered by a tonnage tax regime, inland waterways transport and air transport 1. By way of derogation from Article 42 to 45 and without prejudice to Article 15, the revenues, expenses and other deductible items which stem from the following activities shall be excluded from the BEFIT tax base in any of the following cases: (a) the operation of ships in international traffic where the taxable result is not covered by a tonnage tax regime; (b) the operation of aircraft in international traffic; (c) the operation of boats engaged in inland waterways transport. The revenues, expenses and other deductible items as referred to in the first subparagraph shall be attributed to that BEFIT group member on a transaction- by-transaction basis and be subject to adjustments for pricing in accordance with the arm’s length principle. 2. Any participation in and by the BEFIT group member as referred to in paragraph 1 shall be taken into account for the purpose of Article 5.deleted
2024/01/18
Committee: ECON
Amendment 334 #

2023/0321(CNS)

Proposal for a directive
Article 48 – paragraph 2
2. In addition to the adjustments listed in paragraph 1, a Member State may allow for increasing or decreasing, through additional items, subject to the provisions of Directive (EU) 2022/2523, the allocated part of BEFIT group members that are resident for tax purposes or situated in the form of a permanent establishment in that Member State. Adjustments that effectively result in revenue forgone must be made public annually as set forth in Directive 2011/85 in the form of a tax expenditure report.
2024/01/18
Committee: ECON
Amendment 335 #

2023/0321(CNS)

Proposal for a directive
Article 48 – paragraph 2 a (new)
2a. The Commission shall prepare a detailed annual report on adjustments, as referred to in paragraph 2, applied in the Member States. The report shall be made publicly available.
2024/01/18
Committee: ECON
Amendment 336 #

2023/0321(CNS)

Proposal for a directive
Article 48 – paragraph 2 b (new)
2b. By 6 months after the entry into force of this Directive, the Commission shall issue guidelines on the annual publication of revenue foregone according to Directive 2011/85 as set forth in paragraph 2.
2024/01/18
Committee: ECON
Amendment 367 #

2023/0321(CNS)

Proposal for a directive
Article 72 – paragraph 1
Member States shall lay down rules on penalties applicable to infringements of national provisions adopted pursuant to this Directive and shall take all necessary measures to ensure that they are implemented and enforced. Penalties and compliance measures provided for shall be effective, proportionate and dissuasive. Penalties shall be set at a minimum of 0,1 % of the turnover of the BEFIT group in case of failure to file the BEFIT information return in accordance with Article 59 and in case of confirmed intentional misreporting when filing the information return.
2024/01/18
Committee: ECON
Amendment 371 #

2023/0321(CNS)

Proposal for a directive
Article 74 – paragraph 2
2. The power to adopt delegated acts referred to in Articles 2(8) and 14(3, 14(3) and 45(2a) shall be conferred on the Commission for an indeterminate period starting on [the date of entry into force of this Directive].
2024/01/18
Committee: ECON
Amendment 372 #

2023/0321(CNS)

Proposal for a directive
Article 77 – paragraph -1 (new)
-1 Three years after this Directive starts to apply, the Commission shall issue a legislative proposal to amend this Directive to make this system mandatory for companies with annual combined revenues of EUR 40 000 000 or more in at least two of the last four fiscal years, in line with the definition of large groups within the meaning of Directive 2013/34/EU of the European Parliament and of the Council.
2024/01/18
Committee: ECON
Amendment 375 #

2023/0321(CNS)

Proposal for a directive
Article 77 – paragraph 1 a (new)
1a. Eight years after this Directive starts to apply, the Commission shall assess the impact of making this system mandatory for all companies with cross- border activities and, if appropriate, issue a legislative proposal to amend this Directive accordingly.
2024/01/18
Committee: ECON
Amendment 379 #

2023/0321(CNS)

Proposal for a directive
Article 77 – paragraph 2
2. Member States shall communicate to the Commission relevant information for the evaluation of the Directive in accordance with paragraph 3, including aggregated data on BEFIT group members which are resident for tax purposes in their jurisdiction and permanent establishments thereof operating in their jurisdiction, in order to properly assess the impact of the transition allocation rule and of Directive (EU) 2022/2523 as well as assessing the situation regarding Pillar One of the Statement on a Two-Pillar Solution to Address the Tax Challenges Arising from the Digitalisation of the Economy agreed by the OECD/G20 Inclusive Framework on BEPS on 8 October 2021.
2024/01/18
Committee: ECON
Amendment 55 #

2023/0320(CNS)

Proposal for a directive
Recital 7
(7) The proposal aims to provide significant procedural simplification, thus a one-stop-shop should be put in place, whereby the tax filing, tax assessments and the collection of the tax due by the permanent establishment(s) would be dealt with through a single tax authority (‘filing authority’), i.e. the tax authority in the Member State of the head office. In full respect of Member States’ sovereignty in tax matters, audits, appeals and dispute resolution procedures would primarily be kept domestic and in accordance with the procedural rules of the respective Member State. To support the functioning of a one- stop-shop, it would be critical to provide for joint audits, which create an obligation to the Member State of the head office to cooperate if the tax authority of the permanent establishment requests an audit covering the computation of the taxable result of its taxpayer. In that sense, if the head office Member State conducts an audit at its own initiative, it shall invite the host Member State to carry out such audit jointly.
2023/12/18
Committee: ECON
Amendment 58 #

2023/0320(CNS)

Proposal for a directive
Recital 7 a (new)
(7 a) To avoid a too large of a burden on the head office tax authority in applying the rules the proposal ensures that the head office Member State should be entitled to retain 15% of the collected tax corresponding to the tax liability of the permanent establishment(s) or subsidiary(ies) in the host Member State.
2023/12/18
Committee: ECON
Amendment 65 #

2023/0320(CNS)

Proposal for a directive
Article 1 – paragraph 1
This Directive lays down rules for computing the taxable result of permanent establishments and subsidiaries of SMEs which fulfil the criteria set out in Article 2(1) (“Head Office Taxation” rules). (This Amendment applies throughout the text. Adopting it will necessitate corresponding changes throughout.)
2023/12/18
Committee: ECON
Amendment 68 #

2023/0320(CNS)

Proposal for a directive
Article 2 – paragraph 1 – point e
(e) they operate in other Member States exclusively through one or more permanent establishments; or up to two subsidiaries; (This Amendment applies throughout the text. Adopting it will necessitate corresponding changes throughout.)
2023/12/18
Committee: ECON
Amendment 73 #

2023/0320(CNS)

Proposal for a directive
Article 3 – paragraph 1 – point 1 a (new)
(1 a) ‘subsidiary’ means an undertaking in another Member States which is wholly-owned and controlled by the head office of an SME;
2023/12/18
Committee: ECON
Amendment 74 #

2023/0320(CNS)

Proposal for a directive
Article 3 – paragraph 1 – point 2
(2) ‘head office’ means an SME, as referred to in Article 2(1), which operates in (an)other Member State(s) exclusively through one or more permanent establishment or up to two subsidiaries;
2023/12/18
Committee: ECON
Amendment 81 #

2023/0320(CNS)

Proposal for a directive
Article 4 – paragraph 1 – point b
(b) it has been resident for tax purposes in the head office Member State during the last twofive fiscal years;
2023/12/18
Committee: ECON
Amendment 92 #

2023/0320(CNS)

Proposal for a directive
Article 6 – paragraph 1
1. The head office which opts to apply the head office taxation rules to its permanent establishment(s) shall notify its choice to the filing authority, together with the name of the host Member State(s). The notification shall be made at least three months before the end of the fiscal year preceding the fiscal year in which that SME wishes to start applying the head office taxation rules. For the establishment of its first permanent establishment or subsidiary in another Member State, an SME may apply the head office taxation rules from the year in which the permanent establishment or subsidiary is established, without having to notify the filing authority three months before the end of the previous tax year.
2023/12/18
Committee: ECON
Amendment 94 #

2023/0320(CNS)

Proposal for a directive
Article 6 – paragraph 2
2. The filing authority shall verify whether the eligibility requirements set out in Article 4 are met and shall inform the head office of its findings within two months of the notification referred to in paragraph 1. The filing authority shall obtain confirmation from the host Member State that the establishment in the host Member State constitutes a permanent establishment for treaty purposes.
2023/12/18
Committee: ECON
Amendment 155 #

2023/0320(CNS)

Proposal for a directive
Article 12 a (new)
Article 12a Retention of collected tax by head office Member State Concerning the tax liability to be transferred to the host Member State in accordance with article 12, the head office Member State shall be entitled to retain 15% of the collected tax corresponding to the tax liability of the permanent establishment(s) or subsidiary(ies) to compensate for the administrative burden incurred.
2023/12/18
Committee: ECON
Amendment 157 #

2023/0320(CNS)

Proposal for a directive
Article 13 – paragraph 2
2. The tax authority of the host Member State may request that an audit be carried out jointly with the filing authority covering the computation of the taxable result of the permanent establishment in accordance with the head office taxation rules, the attribution of profits to the permanent establishment and/or the applicable tax rate. Joint audits shall be conducted in accordance with Council Directive 2011/16/EU18 . Notwithstanding the provisions in the aforementioned Directive, the requested competent authority shall accept such request by the authorities of the host Member State. If an audit is carried out at the initative of the head office member state, the head office Member State shall invite the host Member State to carry out such audit jointly. _________________ 18 Council Directive 2011/16/EU of 15 February 2011 on administrative cooperation in the field of taxation and repealing Directive 77/799/EEC (OJ L 64, 11.3.2011, p. 1)
2023/12/18
Committee: ECON
Amendment 170 #

2023/0320(CNS)

Proposal for a directive
Article 19 – paragraph 2
2. Member States shall communicate to the Commission relevant information for the evaluation of the Directive, in accordance with paragraph 3, including aggregated data regarding the number of eligible SMEs compared to SMEs that opted in, their turnover and compliance costs relative to turnover; data on the number of SMEs that expanded cross- border by setting up a permanent establishment and the number of SMEs that disqualified due to creating a subsidiary, or the compliance costs for SMEs that apply the option.
2023/12/18
Committee: ECON
Amendment 172 #

2023/0320(CNS)

Proposal for a directive
Article 19 – paragraph 2 a (new)
2 a. The Commission shall evaluate potential legal hurdles in applying this directive such as the lack of a common and harmonised definition of permanent establishments in the EU.
2023/12/18
Committee: ECON
Amendment 15 #

2023/0288(COD)

Proposal for a regulation
Recital 2
(2) The prevention and correction of macroeconomic imbalances according to Regulation (EU) 1176/201115 and the monitoring of adequate minimum wages according to Directive (EU) 2022/2041 of the European Parliament and of the Council16 require accurate information on the evolution of hourly labour costs and wage levels as well as collective bargaining coverage across Member States. __________________ 15 Regulation (EU) No 1176/2011 of the European Parliament and of the Council of 16 November 2011 on the prevention and correction of macroeconomic imbalances (OJ L 306, 23.11.2011, p. 25) 16 Directive (EU) 2022/2041 of the European Parliament and of the Council of 19 October 2022 on adequate minimum wages in the European Union (OJ L 275 of 25.10.2022, p. 33).
2024/01/19
Committee: EMPL
Amendment 16 #

2023/0288(COD)

Proposal for a regulation
Recital 3
(3) The European Central Bank uses European labour market statistics on businesses, in the context of the single monetary policy, for monitoring inflation and deflation risks arising from labour costs, also in relation to profits. Therefore, accurate, timely and comparable Union statistics on the evolution of labour costs are necessary.
2024/01/19
Committee: EMPL
Amendment 21 #

2023/0288(COD)

Proposal for a regulation
Recital 6
(6) The implementation of the principle of equal opportunities and equal treatment of men and women in matters of employment and occupation18 requires comparable data on wages received by men and women. Directive (EU) 2023/970 of the European Parliament and of the Council to strengthen the application of the principle of equal pay for equal work or work of equal value between men and women19 requires Member States to provide the Commission with up-to-date gender pay gap data, in line with the Pay Transparency Directive, annually and in a timely manner. This obligation should be complemented by the appropriate necessary statistical frame for compiling and transmitting gender pay gap data. __________________ 18 Directive 2006/54/EC of the European Parliament and of the Council of 5 July 2006 on the implementation of the principle of equal opportunities and equal treatment of men and women in matters of employment and occupation (OJ L 204 of 26.07.2006, p. 23) 19 Directive (EU) 2023/970 of the European Parliament and of the Council of 10 May 2023 to strengthen the application of the principle of equal pay for equal work or work of equal value between men and women through pay transparency and enforcement mechanisms (OJ L 132 of 17.05.2023, p. 21).
2024/01/19
Committee: EMPL
Amendment 24 #

2023/0288(COD)

Proposal for a regulation
Recital 3
(3) The European Central Bank uses European labour market statistics on businesses, in the context of the single monetary policy, for monitoring inflation and deflation risks arising from labour costs, also in relation to profits. Therefore, accurate, timely and comparable Union statistics on the evolution of labour costs are necessary.
2024/01/23
Committee: ECON
Amendment 26 #

2023/0288(COD)

Proposal for a regulation
Recital 6
(6) The implementation of the principle of equal opportunities and equal treatment of men and women in matters of employment and occupation18 requires comparable data on wages received by men and women. Directive (EU) 2023/970 of the European Parliament and of the Council to strengthen the application of the principle of equal pay for equal work or work of equal value between men and women19 requires Member States to provide the Commission with up-to-date gender pay gap data, in line with the Pay Transparency Directive, annually and in a timely manner. This obligation should be complemented by the appropriate necessary statistical frame for compiling and transmitting gender pay gap data. _________________ 18 Directive 2006/54/EC of the European Parliament and of the Council of 5 July 2006 on the implementation of the principle of equal opportunities and equal treatment of men and women in matters of employment and occupation (OJ L 204 of 26.07.2006, p. 23) 19 Directive (EU) 2023/970 of the European Parliament and of the Council of 10 May 2023 to strengthen the application of the principle of equal pay for equal work or work of equal value between men and women through pay transparency and enforcement mechanisms (OJ L 132 of 17.05.2023, p. 21).
2024/01/23
Committee: ECON
Amendment 27 #

2023/0288(COD)

Proposal for a regulation
Recital 9
(9) To limit the burden on enterprises, in particular on SMEsocial enterprises, SMEs and micro-enterprises, the national statistical authorities should consider administrative and innovative sources, the main aim of which is not the provision of statistics, as a substitute for or a complement to statistical surveys, subject to the quality requirements for official statistics. The latest technological and digital developments can contribute to this objective.
2024/01/19
Committee: EMPL
Amendment 28 #

2023/0288(COD)

Proposal for a regulation
Recital 10 a (new)
(10 a) Where the activities to be carried out under this Regulation involve the processing of personal data, such processing should comply with the relevant Union legislation on personal data protection, namely Regulation (EU) 2018/1725 of the European Parliament and of the Council and Regulation (EU) 2016/679 of the European Parliament and of the Council. In accordance with the data minimisation principle set out in those Regulations, data provided under this Regulation should be aggregated to such a degree that individuals cannot be identified;
2024/01/19
Committee: EMPL
Amendment 29 #

2023/0288(COD)

Proposal for a regulation
Recital 10 b (new)
(10 b) Processing of personal data for the statistical purposes, which is considered to be in the public interest, should be subject to appropriate safeguards in accordance with Article 89 of Regulation (EU) 2016/679 and Article 13 of Regulation (EU) 2018/1725. In particular, compliance with the principle that personal data are to be rendered anonymous should be ensured.
2024/01/19
Committee: EMPL
Amendment 30 #

2023/0288(COD)

Proposal for a regulation
Recital 11 a (new)
(11 a) The use of web scraping techniques to collect data from websites, for their usual nature of an unstructured search on what is public on the internet, might not comply with the data protection principle of accuracy insofar as there is no assessment on the reliability of the sources. The same quality requirements for official statistics (e.g. the principle of statistical accuracy and reliability of source data) might be affected.
2024/01/19
Committee: EMPL
Amendment 33 #

2023/0288(COD)

Proposal for a regulation
Recital 9
(9) To limit the burden on enterprises, in particular on SMEsocial enterprises, SMEs and micro-enterprises, the national statistical authorities should consider administrative and innovative sources, the main aim of which is not the provision of statistics, as a substitute for or a complement to statistical surveys, subject to the quality requirements for official statistics. The latest technological and digital developments can contribute to this objective.
2024/01/23
Committee: ECON
Amendment 36 #

2023/0288(COD)

Proposal for a regulation
Article 3 – paragraph 1 – subparagraph 1 (new)
Any processing of data stemming under Article 3(1)(c) shall be without prejudice to Directive 2002/58 [ePrivacy Directive]. The use of web scraping techniques shall be limited to non-personal data.
2024/01/19
Committee: EMPL
Amendment 37 #

2023/0288(COD)

Proposal for a regulation
Article 3 – paragraph 3 a (new)
3 a. A necessary condition for the lawfulness of the processing of personal data stemming from these sources is the existence of a legal basis under Article 6 GDPR and/or Article 5 EUDPR. In case of processing of special categories of data, regard must also be had to the general prohibition included in Article 9 GDPR and Article 10 EUDPR and the respective exceptions.
2024/01/19
Committee: EMPL
Amendment 37 #

2023/0288(COD)

Proposal for a regulation
Recital 10 a (new)
(10 a) Where the activities to be carried out under this Regulation involve the processing of personal data, such processing should comply with the relevant Union legislation on personal data protection, namely Regulation (EU) 2018/1725 of the European Parliament and of the Council and Regulation (EU) 2016/679 of the European Parliament and of the Council. In accordance with the data minimisation principle set out in those Regulations, data provided under this Regulation should be aggregated to such a degree that individuals cannot be identified.
2024/01/23
Committee: ECON
Amendment 38 #

2023/0288(COD)

Proposal for a regulation
Recital 10 b (new)
(10 b) Processing of personal data for the statistical purposes, which is considered to be in the public interest, should be subject to appropriate safeguards in accordance with Article 89 of Regulation (EU) 2016/679 and Article 13 of Regulation (EU) 2018/1725. In particular, compliance with the principle that personal data are to be rendered anonymous should be ensured.
2024/01/23
Committee: ECON
Amendment 39 #

2023/0288(COD)

Proposal for a regulation
Recital 11 a (new)
(11 a) The use of web scraping techniques to collect data from websites, for their usual nature of an unstructured search on what is public on the internet, might not comply with the data protection principle of accuracy insofar as there is no assessment on the reliability of the sources. The same quality requirements for official statistics (e.g. the principle of statistical accuracy and reliability of source data) might be affected.
2024/01/23
Committee: ECON
Amendment 42 #

2023/0288(COD)

Proposal for a regulation
Article 4 – paragraph 1 – subparagraph 1 – point a – indent 2 a (new)
– collective bargaining coverage
2024/01/19
Committee: EMPL
Amendment 45 #

2023/0288(COD)

Proposal for a regulation
Article 3 – paragraph 1 – subparagraph 1 a (new)
Any processing of data stemming under Article 3(1), point (c) shall be without prejudice to Directive 2002/58 1a[ePrivacy Directive]. The use of web scraping techniques shall be limited to non- personal data. _________________ 1a Directive 2002/58/EC of the European Parliament and of the Council of 12 July 2002 concerning the processing of personal data and the protection of privacy in the electronic communications sector (OJ L 201 of 31.7.2002, p. 37).
2024/01/23
Committee: ECON
Amendment 47 #

2023/0288(COD)

Proposal for a regulation
Article 3 – paragraph 3 a (new)
3 a. A necessary condition for the lawfulness of processing of personal data stemming from these sources is the existence of a legal basis under Article 6 of Regulation (EU) 2016/679 and/or Article 5 of Regulation (EU) 2018/1725. In case of processing of special categories of data, regard must also be had to the general prohibition included in Article 9 of Regulation (EU) 2016/679 and Article 10 of Regulation (EU) 2018/1725 and the respective exceptions.
2024/01/23
Committee: ECON
Amendment 48 #

2023/0288(COD)

Proposal for a regulation
Article 4 – paragraph 5
5. Any processing of personal data shall be limited to what is necessary and proportionate in relation to the purpose for which they are processed. The data shall be transmitted to the Commission (Eurostat) in the form of aggregated data to such a degree that individuals cannot be identified, except for the topic structure of earnings, referred to in paragraph 1, point (a)(i), for which microdata shall be transmitted for individual employees and local units.
2024/01/19
Committee: EMPL
Amendment 55 #

2023/0288(COD)

Proposal for a regulation
Article 4 – paragraph 5
5. Any processing of personal data shall be limited to what is necessary and proportionate in relation to the purpose for which they are processed. The data shall be transmitted to the Commission (Eurostat) in the form of aggregated data to such a degree that individuals cannot be identified, except for the topic structure of earnings, referred to in paragraph 1, point (a)(i), for which microdata shall be transmitted for individual employees and local units. .
2024/01/23
Committee: ECON
Amendment 80 #

2023/0250(COD)

Proposal for a directive
Recital 2 a (new)
(2a) Whereas the right to equal treatment and non-discrimination is a fundamental right enshrined in the Treaties and in the Charter; whereas ensuring that all victims of crime in the EU can benefit from protection without discrimination on any grounds, including the ground of sex characteristics, alongside and in combination with the other intersecting grounds of discrimination set out in/already recognised in recital 17 Directive (2012/29/EU).
2023/12/18
Committee: LIBEFEMM
Amendment 86 #

2023/0250(COD)

Proposal for a directive
Recital 3
(3) In order to provide victims with seamless and modern means of exercising their rights, the Member States should make it possible for victims to communicate electronically with national competent authorities. Victims should enjoy the possibility of using electronic tools to receive information about their rights and about their case, report crimes, submit evidence and to otherwise communicate with competent authorities and with support services through communication and information technologies in a confidential and safe manner. Victims should be able to choose the method of communication with national competent authorities, and the Member States should provide for such communication and information technologies as an alternative to the standard methods of communication, without however replacing them completely.
2023/12/18
Committee: LIBEFEMM
Amendment 87 #

2023/0250(COD)

Proposal for a directive
Recital 4
(4) In order to ensure comprehensive channels of communication taking into account the complexity of victims’ needs in relation to their right to access information, all victims, independently of where in the EU and in what circumstances the crime took place, should be able to access victims’ helplines by using the EU- wide 116 006 telephone number or by connecting to the dedicated websites. Under such helplines, victims should be able to receive the information about their rights, emotional support and be referred to the police or other services, including other specialised helplines – if needed. Such helplines shall be operated by trained and supervised individuals from an organisation specialised in delivering victim support either by public or non- governmental organisations and should also refer victims to other specialised helplines, referred to in Commission Decision 2007/116/EC56 [5], such as the harmonised number related to child helpline “116 111”, missing children “116 000” and gender-based violence “116 116”. _________________ 56 Commission Decision 2007/116/EC of 15 February 2007 on reserving the national numbering range beginning with 116 for harmonised numbers for harmonised services of social value (OJ L 049 17.2.2007, p. 30).
2023/12/18
Committee: LIBEFEMM
Amendment 99 #

2023/0250(COD)

Proposal for a directive
Recital 6
(6) Crime reporting in the Union should be improved to fight impunity, avoid repeated victimisation and ensure safer societies. It is necessary to fight public insensitivity towards crime, by encouraging people who witness the crime to report crimes and assist victims and bMany victims of a crime continue to face severe barriers in accessing justice, support and protection. In order to encourage victims and people who witness the crime to report, it is important to offer a wide variety of reporting mechanisms to cater to the multiple needs and circumstances of victims, including anonymous and third- party creaporting safer. It is also essential to create safe and confidential environments forwhere victims to report crimeor people suspecting that criminal offences have been committed are expected to report without any reprisals, including in relation to their migration status. For victims who are irregular migrants in the Union, safe environment to report crime means reducing fear of return procedures being launched as a result of contacts with law enforcement authorities. The personal data of victims who are irregular migrants in the Union should not be transferred to the competent migration authorities at least until the completion of the first individual assessment as referred to in Article 22 of Directive 2012/29/EU. Reporting the crime and participating in criminal proceeding under Directive 2012/29/EU do not create any rights regarding the residence status of the victim, neither have any suspensive effect when determining their residence status. All vulnerable victims, such as child victims or victims in detention, who are in a situation of intimidation, or are otherwise dependent from the offender or whose mobility is limited should be able to report crime in conditions that take into account their particular situation and in line with protocols specifically set up for this purpose.
2023/12/18
Committee: LIBEFEMM
Amendment 103 #

2023/0250(COD)

Proposal for a directive
Recital 7
(7) Targeted and integrated support services should be available to a broad range of victims with specific needs. Such victims may include not only victims of sexual violence, victims of gender-based violence and victims of domestic violence, including victims of online forms of such crimes, but also victims of trafficking in human beings, victims of organised crimes, victims with disabilities, victims of exploitation, victims of hate crime, victims of terrorism or victims of core international crimes. In response to the shortcomings identified in the evaluation, Member States should set up specific protocols that will organise the actions of specialist support services to comprehensively address the multiple needs of victims with specific needs. Such protocols should be set up in coordination and cooperation between law enforcement, prosecution authorities, judges, detention authorities, restorative justice services and victim support services. Victim support services, both governmental and non-governmental, should be granted sufficient human and financial resources.
2023/12/18
Committee: LIBEFEMM
Amendment 117 #

2023/0250(COD)

Proposal for a directive
Recital 8
(8) To avoid serious consequences of victimisation in early age, that may negatively affect entire victims’ life, it is crucial to ensure that all child victims, including child witnesses of crime receive the highest standard of support and protection. Most vulnerable child victims, including child victims of sexual abuse, child victims of trafficking in human beings and child victims who have otherwise been particularly affected by the crime due to the gravity of crime or to their particular circumstances should benefit from the targeted and integrated support and protection services that includes coordinated and cooperated approach of judicial and social services within the same premises. Such services should be provided in a dedicated space. To ensure that the child victim is effectively protected in cases where a crime involves the holder of parental responsibility, or there is a conflict of interest between the child and the holder of parental responsibility, a provision has been added to ensure that in cases such as reporting of a crime, medical or forensic interviews, referral to support services or psychological support, among others, these acts should not be conditional upon the consent of the holder of parental responsibility, always taking into account the best interests of the child.
2023/12/18
Committee: LIBEFEMM
Amendment 124 #

2023/0250(COD)

Proposal for a directive
Recital 9
(9) For victims to sense that justice is done and to be able to defend their interest, it is important that they are present and able to actively participate in the criminal proceedings. That is why a, be properly assisted at the court premises and to be accompanied by support services throughout the entirety of the court proceedings if they wish to. All victims in the Union, independently of their status in the criminal proceeding, which is established by the national law, should have a right to an effective remedy under national law in the event of a breach of their rights under this Directive. In addition, all victims in the Union, independently of their status in the criminal proceeding, should have a right to request a review of decisions that were taken during court proceedings and affect them directly. Such decisions should include at least decisions on interpretation during court hearings and decisions on special protection measures available to victims with special protection needs. The procedural rules under which victims may request a review of such decisions taken during court proceedings should be determined by national law which should provide for the necessary guarantees that such a possibility of revision would not disproportionally prolong the criminal proceeding. Active participation in criminal proceedings and access to an effective remedy requires that victims are duly updated and informed on the state of play and significant developments in the criminal proceedings.
2023/12/18
Committee: LIBEFEMM
Amendment 128 #

2023/0250(COD)

Proposal for a directive
Recital 9 a (new)
(9a) Restorative justice can be of great benefit to the victims and provide victims with a safe environment to make their voice heard, support their recovery process and reparation of the harms caused. In line with the Council of Europe Recommendation CM/Rec(2023)2 on rights, services and support for victims of crime, restorative justice should be a service that is generally available for all victims of crime. Restorative justice services should have sufficient capacity to provide safe and effective services to all victims who may benefit, and at all stages of the criminal justice process. Restorative justice provides a (direct or indirect) dialogue between the victim and the offender, taking the form, for example, of victim-offender mediation, restorative conferencing and sentencing and peacemaking circles. These processes can also involve, where appropriate, other persons affected by the crime, especially family and, where appropriate, the community to which they belong. The decision to participate and the agreement in a restorative justice process should be based on free and informed consent. Victims should be given both the information and the opportunity (through systematic referral and the option of self- referral) to determine whether and when restorative justice is right for them. Restorative justice services must be governed by recognised, evidence-based standards of practice to ensure the protection of victims, including vulnerable victims and victims of serious offences.
2023/12/18
Committee: LIBEFEMM
Amendment 130 #

2023/0250(COD)

Proposal for a directive
Recital 9 c (new)
(9c) Victims should have access to legal aid prior, after and at all stages of criminal proceedings. This legal aid should be provided free of charges for victims of serious crimes and for victims who do not have sufficient means to pay for legal assistance. The fact that the victim has a relationship and dependence on the offender needs to be taken into account when assessing the victims’ means to pay. Legal aid needs to be also provided to EU citizens and residents victims of serious crimes committed outside the territory of the Union.
2023/12/18
Committee: LIBEFEMM
Amendment 131 #

2023/0250(COD)

Proposal for a directive
Recital 10
(10) All victims should be assessed in a timely, adequate, efficient and proportionate manner. It is essential to ensure that victims receive the support and protection that correspond to their individual needs. The individual assessment of victims’ needs of support and protection should be done in stages. Within the first stage, all victims should be assessed from the first contact with the competent authorities, who should be adequately trained, to ensure that the most vulnerable victims are identified at the very early stages of the proceeding. As of the next stages, victims who need such enhanced assessment should be further assessed by victim support services including psychologists. Such services are best placed to assess the state of victims’ well- being. The individual assessment should also take into account the situation of the perpetrator, who may have a history of violence, be in a possession of arms or abusing drugs and as such pose higher risks for victims. The individual assessment of victims’ needs should also include the assessment of victims’ needs of support, not only of protection. It is essential to identify victims who are in need of special support, and who experience intersecting forms of discrimination so a targeted support such as prolonged free of charge psychological aid is provided to those who need it for as long as it is deemed necessary by the victim's psychologist. The individual assessment needs to be conducted in the best interest of the victim, prioritising their safety, protection and support needs, and avoiding secondary or repeated victimisation.
2023/12/18
Committee: LIBEFEMM
Amendment 138 #

2023/0250(COD)

Proposal for a directive
Recital 11
(11) As a result of the enhanced assessment of victims’ needs for protection, victims who are in need of physical protection should be able to receive it in a form adapted to their particular situation. Such measures should include the presence of law enforcement authorities or being kept away from the offender on the basis of national protection orders or the referral to shelters and other interim accommodations. Such measures may be of a criminal, administrative or civil law nature. Member States should enhance the awareness among relevant competent authorities about the availability of such protection measures.
2023/12/18
Committee: LIBEFEMM
Amendment 142 #

2023/0250(COD)

Proposal for a directive
Recital 12
(12) All victims should be able to obtain a decision on compensation from the offender within the criminal proceedings to avoid their engagement in multiple cumbersome and lengthy proceedings in separate civil proceedings. All victims should benefit from the schemes on compensation in which, following a decision on compensation from the offender at the end of the criminal proceeding, they receive, without a delay, the compensation from the state. Compensation should be provided for treatment and rehabilitation for physical and psychological injuries. Member States should consider compensation for loss of income, funeral expenses and loss of maintenance for dependants, and compensation for pain and suffering. States may consider means to compensate damage resulting from crimes against property. The state afterwards should be able to recuperate the compensation from the offender. Such approach to compensation saves victims from the risks of secondary victimisation, since victims do not have to contact offenders when receiving compensation. Such facilitated access to compensation from the offender during criminal proceeding does not affect the Member States obligations to ensure the existence of a scheme on compensation to victims of violent intentional crimes committed in their respective territories, which guarantees fair and appropriate compensation to victims under Council Directive 2004/80/EC58 . _________________ 58 Council Directive 2004/80/EC of 29 April 2004 relating to compensation to crime victims (OJ L 261, 6.8.2004, p. 15)[7].
2023/12/18
Committee: LIBEFEMM
Amendment 143 #

2023/0250(COD)

Proposal for a directive
Recital 12 a (new)
(12a) Officials of public authorities, bodies and institutions who are likely to come into personal contact with victims should have access to and receive sufficient and appropriate training. Training should enable professionals to acquire the skills and knowledge to identify and understand signs of victimisation, the needs of victims, the impact of crime and trauma, the national law and procedures relative to victims’ rights, including on protection measures, specificities of certain groups of victims, taking into account their specific vulnerabilities. Training should be organised to address skills and knowledge necessary to working with all victims as well as for specialised knowledge and skills to ensure targeted and appropriate responses for specific groups of victims, based on type of crime or personal characteristics. Training should include sensitisation on the risks of secondary victimisation and ways to reduce it, and it should enable such professionals to develop soft skills to engage and communicate with victims in a victim sensitive manner. It should be provided by specially trained professionals or other suitable persons on a regular basis, included on-boarding training and in lifelong career development. Trainings by non-governmental actors, including victims’ associations and civil society organisations should be encouraged and adequately funded. Innovative practices, including multi-agency training, the use of new technologies and interactive training should be promoted.
2023/12/18
Committee: LIBEFEMM
Amendment 146 #

2023/0250(COD)

Proposal for a directive
Recital 13
(13) Victims cannot effectively benefit from their rights to information, to support and protection in accordance with their individual needs if they are faced with the national justice schemes that lack cooperation and coordination among those who come into contact with victims. Without close cooperation and coordination of the national law enforcement, prosecution, judiciary, restorative services, compensation services and victim support services, it is difficult for victims to effectively execute their rights under Directive 2012/29/EU. Other authorities, such as healthcare, education and social services, as well as non- governmental organisations are encouraged to be part of this cooperation and coordination. This is particularly valid in relation to child victims.
2023/12/18
Committee: LIBEFEMM
Amendment 161 #

2023/0250(COD)

Proposal for a directive
Recital 18
(18) The collection of accurate and coherent data, including both qualitative and quantitative data, and the timely publication of collected data and statistics are fundamental to ensure full knowledge on the rights of victims of crime within the Union and to monitor the practical implementation of this Directive, including monitoring the remaining barriers for victims when reporting crimes and accessing victims’ rights. Introducing a requirement for Member States to collect and report to the Commission data on the application of national procedures on victims of crime every three years in a harmonised way is expected to constitute a relevant step to ensure the adoption of data-informed policies and strategies. The Fundamental Rights Agency should continue to assist the European Commission and Member States in the collection, production and dissemination of statistics on victims of crime and in reporting on how victims have accessed the rights set out in this Directive. The Commission should submit regular reports to the European Parliament and to the Council assessing the extent of the practical implementation of the Directive identifying any rights which are not fully or correctly implemented.
2023/12/18
Committee: LIBEFEMM
Amendment 181 #

2023/0250(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 1
Directive 2012/29/EU
Article 3a – paragraph 1 - point c
(c) refer victims to relevant services, including general and specialised support services and/or specialised helplines if neededand/or restorative justice services.
2024/01/08
Committee: LIBEFEMM
Amendment 190 #

2023/0250(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 1
Directive 2012/29/EU
Article 3a – paragraph 3
3. Member States shall take appropriate measures to ensure the availability of the services referred to in paragraphs 1 and 2 in other languages, including at least the languages most used in the Member State. Member States shall ensure that victims who do not understand or speak the languages of the services are provided with translation and interpretation, free of charge.
2024/01/08
Committee: LIBEFEMM
Amendment 193 #

2023/0250(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 1
Directive 2012/29/EU
Article 3a – paragraph 4
4. Helplines may be set up by public or non-governmental organisationsshall be operated by trained and supervised individuals from either public or non-governmental organisations specialised in delivering victim support and may be organised on a professional or voluntary basis.;
2024/01/08
Committee: LIBEFEMM
Amendment 197 #

2023/0250(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 1
Directive 2012/29/EU
Article 3a – paragraph 4a (new)
4a. Member States shall take the necessary measures to ensure that helplines are available to support victims by ensuring appropriate opening hours, and granting sufficient human and financial resources.
2024/01/08
Committee: LIBEFEMM
Amendment 198 #

2023/0250(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 1
Directive 2012/29/EU
Article 3a – paragraph 4b (new)
4b. Member States shall ensure that support provided by victims’ helplines pursuant to this article is without prejudice to the right of victims to receive information about their rights and about their case, and to otherwise communicate with competent authorities, and with other general or specialised victims’ support services through appropriate communication and information technologies.
2024/01/08
Committee: LIBEFEMM
Amendment 200 #

2023/0250(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 2
Directive 2012/29/EU
Article 5a – paragraph 1
1. Member States shall ensure that victims can safely and confidentially report criminal offences to the competent authorities through easily accessible, user friendly information and communication technologies. Such possibility shall include submission of evidence where feasible. Member States shall take the necessary measures to ensure that the reporting of the offence does not compel victim into cooperating in the criminal investigation, prosecution or trial. Member States shall also ensure that victims having reported a crime pursuant this article are not held liable for the irregularity of their entry into or stay in a Member State.
2024/01/08
Committee: LIBEFEMM
Amendment 210 #

2023/0250(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 2
Directive 2012/29/EU
Article 5a – paragraph 2
2. Member States shall take the necessary measures to encourage any person who knows about or suspects, in good faith, that criminal offences have been committed, or that further acts of violence are to be expected, to report this to the competent authoritiessafely and confidentially report these offences or violent acts to the competent authorities as referred to in paragraph 1.
2024/01/08
Committee: LIBEFEMM
Amendment 212 #

2023/0250(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 2
Directive 2012/29/EU
Article 5a – paragraph 2a (new)
2a. In accordance with procedures in national law, diversified reporting mechanisms shall include the possibility of reporting criminal offences and submitting evidence online or through other information and communication technologies, reporting criminal offences anonymously and through third-party reporting.
2024/01/08
Committee: LIBEFEMM
Amendment 216 #

2023/0250(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 2
Directive 2012/29/EU
Article 5a – paragraph 3
3. Member States shall ensure that victims who are deprived of liberty can effectively report crimes committed in detention facilities. D and other custodial settings. Such detention facilities shall include, in addition to jails, detention centres and holding cells for suspects and accused, specialised detention facilities for applicants of international protection and pre-removal centres, and accommodation centres where applicants and beneficiaries of international protection are located persons. Other custodial facilities shall include reception, accommodation, or pre-removal centres where irregular migrants, or applicants and beneficiaries of international protection are temporarily confined, as well as mental health institutions and social care institutions, and any other form of public or private custodial setting under control of any judicial, administrative, or other public authority, or private institution from which the victim is not permitted to leave at will.
2024/01/08
Committee: LIBEFEMM
Amendment 221 #

2023/0250(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 2
Directive 2012/29/EU
Article 5a – paragraph 3a (new)
3a. Member States shall ensure that criminal offences committed by public officials, including police violence, can safely and confidentially be reported to the superiors of the officials involved, as well as to other appropriate competent authorities or organs vested with reviewing or remedial powers.
2024/01/08
Committee: LIBEFEMM
Amendment 224 #

2023/0250(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 2
Directive 2012/29/EU
Article 5a – paragraph 4
4. Where children report criminal offences, Member States shall ensure that the reporting procedures are safe, confidential, designed and accessible in a child-friendly manner and use language in accordance with their age and maturity. Notification of the reported criminal offence to the child’s parent or guardian shall only be made with consent from the child. Member States should ensure that all children, including witnesses, those with disabilities and those living in residential and closed-type institutions, can report crimes.
2024/01/08
Committee: LIBEFEMM
Amendment 232 #

2023/0250(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 2
Directive 2012/29/EU
Article 5a – paragraph 5
5. Member States shall ensure that the competent authorities coming in contact with a victim reporting crimes are prohibited from transferring personal data pertaining to the residence status of the victim to competent migration authorities, at least until completion of the first individual assessment referred to in Article 22.;.
2024/01/08
Committee: LIBEFEMM
Amendment 234 #

2023/0250(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 2
Directive 2012/29/EU
Article 5a – paragraph 5a (new)
5a. The personal data collected as a result of reporting an offence pursuant to this article may only be disclosed to a third party under the condition that the data subject has explicitly consented to such disclosure, or that there is a legal requirement or authorisation to do so, in line with necessity and proportionality requirements. Member States shall take the necessary measures to ensure that at the moment of reporting victims of crimes or third parties reporting an offence are informed about how their personal data may be processed.
2024/01/08
Committee: LIBEFEMM
Amendment 257 #

2023/0250(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 3 – point a
Directive 2012/29/EU
Article 8 – paragraph 2
2. Member States shall ensure that victims are contacted promptly by the relevant general or specialised support services if the individual assessment referred to in Article 22 demonstrates the need for support and if the victim consents to be contacted by support services or if the victim requests support.;
2024/01/08
Committee: LIBEFEMM
Amendment 259 #

2023/0250(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 3 – point b – introductory part Directive 2012/29/EU
(b) the following paragraph iss are added:
2024/01/08
Committee: LIBEFEMM
Amendment 260 #

2023/0250(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 3 – point a
Directive 2012/29/EU
Article 8 – paragraph 3a (new)
3a (new) Member States shall ensure that the communication between the victims and the professionals providing support services are adequately protected from undue disclosure. Such communication may only be disclosed to a third party under the condition that the victims has explicitly consented to such disclosure, or in presence of a legal requirement or authorisation to do so, when necessary and proportionate for the investigation or prosecution of the criminal offence.
2024/01/08
Committee: LIBEFEMM
Amendment 261 #

2023/0250(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 3 – point c
Directive 2012/29/EU
Article 8 – paragraph 5a (new)
5a (new) Member States shall ensure that victim support services, both governmental and non-governmental, are granted sufficient specialised human and financial resources.
2024/01/08
Committee: LIBEFEMM
Amendment 270 #

2023/0250(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 4 – point a
Directive 2012/29/EU
Article 9 – paragraph 1 – point c
(c) emotional and, where available, psychological support once they become aware of a status of a person as a victim. If the special need for psychological support has been demonstrated by individual assessment referred to in Article 22, pPsychological support shall be available to victims in need of such support for as long as necessary as determined by the victim’s psychologist.;
2024/01/08
Committee: LIBEFEMM
Amendment 276 #

2023/0250(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 4 – point c
Directive 2012/29/EU
Article 9 – paragraph 1 – point cb (new)
(a.c.) in paragraph 1 the following point is added: '(cb) information about access to legal counselling, including possibilities of legal aid'
2024/01/08
Committee: LIBEFEMM
Amendment 281 #

2023/0250(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 4 – point b
Directive 2012/29/EU
Article 9 – paragraph 3 – point b
(b) targeted and integrated support, including trauma support and counselling and access to comprehensive medical care services, including sexual and reproductive healthcare services, clinical management of rape, emergency contraception, screening and post- exposure prophylaxis for sexually transmitted infections and access to safe and legal abortion, for victims with specific needs, such as victims of sexual violence, victims of gender-based violence, including violence against women and domestic violence covered by Directive (EU) …/… of the European Parliament and of the Council64[13] [on combating violence against women and domestic violence], victims of trafficking in human beings, victims of organised crimes, victims with disabilities, victims of exploitation, victims of hate crime, victims of terrorism, victims of core international crimes.; _________________ 64 Directive (EU) …/… of the European Parliament and of the Council on combating violence against women and domestic violence (OJ …).’;
2024/01/08
Committee: LIBEFEMM
Amendment 287 #

2023/0250(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 4 – point c
Directive 2012/29/EU
Article 9 - paragraph 4
(c) the following paragraph iss are added:
2024/01/08
Committee: LIBEFEMM
Amendment 288 #

2023/0250(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 4 – point c (new)
Directive 2012/29/EU
Article 9 – paragraph 4a (new)
c.a. Member states shall ensure independent yearly evaluation of the quality of support services referred to in this article and shall ensure that the services are adapted accordingly.
2024/01/08
Committee: LIBEFEMM
Amendment 292 #

2023/0250(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 5
Directive 2012/29/EU
Article 9a – paragraph 1
1. Member States shall take the necessary measures to ensure the availability of child-friendly targeted and integrated specialist services for children to provide for age-appropriate support and protection necessary to comprehensively address the multitude of needs of child victims, including child witnesses of crime.
2024/01/08
Committee: LIBEFEMM
Amendment 294 #

2023/0250(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 5
Directive 2012/29/EU
Article 9a – paragraph 2 – point c
(c) emotional, psychosocial, educational and psychological support;
2024/01/08
Committee: LIBEFEMM
Amendment 301 #

2023/0250(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 5
Directive 2012/29/EU
Article 9a – paragraph 2 – point h
The following subpoint in paragraph 2 is added: (h) free legal aid;
2024/01/08
Committee: LIBEFEMM
Amendment 302 #

2023/0250(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 5
Directive 2012/29/EU
Article 9a – paragraph 2 – point i (new)
The following subpoint in paragraph 2 is added: (i) administrative support.
2024/01/08
Committee: LIBEFEMM
Amendment 303 #

2023/0250(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 5
Directive 2012/29/EU
Article 9a – paragraph 3a (new)
3d. Member States shall ensure independent yearly evaluation of the quality of support services referred to in paragraph 2 and shall ensure that the services are adapted accordingly.
2024/01/08
Committee: LIBEFEMM
Amendment 310 #

2023/0250(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 6
Directive 2012/29/EU
Article 10a
Member States shall take the necessary measures to establish assistance at the court premises to provide information and emotional support to victimon the relevant stages and progresses of criminal proceedings. Member States shall also ensure that practical and emotional support to victims is available throughout the entirety of the court proceedings. Such support should be provided by trained legal professionals and victims support workers.
2024/01/08
Committee: LIBEFEMM
Amendment 318 #

2023/0250(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 6
Directive 2012/29/EU
Article 10b – paragraph 1 – point a c (new)
(ac) Article 18
2024/01/08
Committee: LIBEFEMM
Amendment 319 #

2023/0250(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 6
Directive 2012/29/EU
Article 10b – paragraph 1 – point a d (new)
(ad) Article 19
2024/01/08
Committee: LIBEFEMM
Amendment 325 #

2023/0250(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 6 a (new)
Directive 2012/29/EU
Article 12
(6a) Article 12 Right to safeguards in the context of restorative justice services 1.is amended as follows: "Article 12 Right to restorative justice services 1) Member States shall take measures to establish access to restorative justice services for all victims of a crime, at any stage of the criminal proceedings in coordination with the provision of support services. 2) Member States shall take measures to safeguard the victim from secondary and repeat victimisation, from intimidation and from retaliation, to be applied when providing any restorative justice services. Such measures shall ensure that victims who choose to participate in restorative justice processes have access to safe and competent restorative justice services, subject to at least the following conditions: (a) thea) restorative justice services are used only if theyspect the principles of stakeholder participation, respectful dialogue, equal concern for the needs and interests of the parties, procedural fairness and consensus-based agreement, are in the interest of the victim, subject to any safety considerations, and are based on the victim's free and informed consent, which may be withdrawn at any time; (. No person should be induced by unfair means to participate in restorative justice processes; b) before agreeing to participate in the restorative justice process, the victim iss are provided with full and unbiased information about that process and the potential outcomes, as well as information about the procedures for supervising the implementation of any agreement; ( and, if relevant, the possible implications for ongoing legal proceedings; c) the offender has acknowledged the basic facts of the case; (d) any agreement is arrived at voluntarily and may be taken into account in any further criminal proceedings; ( e) discussions in restorative justice processes that are not conducted in public are confidential and are not subsequently disclosed, except with the agreement of the parties or as required by national law due to an overriding public interest. 23. Member States shall facilitate the referral of cases, as appropriate to restorative justice services, including through the establishment of procedures or guidelines on the conditions for such referral., including also the possibility for victims to initiate the restorative justice process (i.e. self-referrals)."
2024/01/08
Committee: LIBEFEMM
Amendment 339 #

2023/0250(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 6 b (new)
Directive 2012/29/EU
Article 13
(6b) Article 13 is amended as follows: "Article 13 Right to legal aid 1. Member Sstates shall ensure that victims have access to legal aid, where they have the status of parties to criminal proceedings. The conditions or in a language they can understand when reporting criminal offences, when deciding whether to be a party to the criminal proceeding, and during judicial proceedings where they have the status of parties to criminal proceedings. Member States shall ensure that legal aid is provided free of charges for victims of serious crimes and for victims who do not have sufficient means to pay for legal assistance prior to, during and after criminal proceedings. Member states should take into account relationship to and dependence on the offender when assessing the means to pay. Member States shall ensure legal aid to their citizens and residents who are victims of serious crimes committed outside the territory of the Union. 2. The procedural rules under which victims have access to legal aid shall be determined by national law."
2024/01/08
Committee: LIBEFEMM
Amendment 340 #

2023/0250(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 7 – point a
Directive 2012/29/EU
Article 16 – paragraph 1
1. Member States shall ensure that, in the course of the criminal proceedings, victims are entitled to claim compensation and to obtain a decision on compensation by the offender, within a reasonable time.;
2024/01/08
Committee: LIBEFEMM
Amendment 341 #

2023/0250(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 7 – point b
Directive 2012/29/EU
Article 16 – paragraph 2a (new)
2a (c) the following paragraph 2a is inserted: '2a. The compensation shall place victims in the position they would have been in had the offence not taken place, taking into account the seriousness of the consequences for the victim. Compensation shall not be restricted by the fixing of an upper limit.'
2024/01/08
Committee: LIBEFEMM
Amendment 342 #

2023/0250(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 7 – point b
Directive 2012/29/EU
Article 16 – paragraph 2b (new)
2b. (d) the following paragraph 2b is inserted: '2b. Member States shall take the necessary measures to ensure that victims, irrespective of their residence status or type of exploitation, have access to schemes of compensation and they are provided with qualified legal assistance necessary to have access to remedies and for the execution of compensation orders, including free legal aid.'
2024/01/08
Committee: LIBEFEMM
Amendment 343 #

2023/0250(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 7 – point b
Directive 2012/29/EU
Article 16 – paragraph 2c (new)
2b the following paragraph 2c is inserted '2c. Member States shall ensure that procedures for obtaining access to and enforcing remedies are effective, child- sensitive, and readily accessible to children and their representatives, including legal guardians.'
2024/01/08
Committee: LIBEFEMM
Amendment 348 #

2023/0250(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 8 – point a
Directive 2012/29/EU
Article 17 – paragraph 1- point b
(b) to have recourse to the extent possible to the provisions on video conferencing and telephone conference callsother distant communication technologies laid down in Regulation EU/xxx [Digitalisation of Judicial Cooperation] to facilitate participation in criminal proceedings of victims who are resident abroad.;
2024/01/08
Committee: LIBEFEMM
Amendment 360 #

2023/0250(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 9
Directive 2012/29/EU
Article 21 – paragraph 3
3. Member States shall ensure that personal data concerning a victim allowing the offender to identify the victim’s place of residence or to otherwise contact the victim in any way is not provided to the offender either directly or indirectly.; Member States shall also ensure that, to the extent that is necessary and proportionate to the need of protecting the privacy of the victim, and without prejudice to the right of the defence, competent authorities may decide not to publish sensitive information included in judgements or decisions, or to remove confidential data from the case file.
2024/01/08
Committee: LIBEFEMM
Amendment 369 #

2023/0250(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 10 – point c
Directive 2012/29/EU
Article 22 – paragraph 1a
1a. The individual assessment shall be done by support services and initiated upon the first contact of the victim with the competent authorities, and shall last as long as necessary depending on the specific needs of each victim. Where the result of the initial stage of the individual assessment by the first contact authorities demonstrates the need to continue the assessment, such assessment shall be undertaken in collaboration with the institutions and bodies depending on the stage of the procedure and victims’ individual needs in accordance with the protocols referred to in Article 26a.; and without prejudice to the victim’s right to assistance, support and information.
2024/01/08
Committee: LIBEFEMM
Amendment 374 #

2023/0250(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 10 – point c
Directive 2012/29/EU
Article 22 – paragraph 1f (new)
(c) the following paragraph 1b is inserted: ‘1f. Where the result of the initial stage of the individual assessment by the first contact authorities or support services demonstrates the need to continue the assessment, such assessment shall be undertaken by support services in collaboration with the institutions and bodies depending on the stage of the procedure and victims’ individual needs in accordance with the protocols referred to in Article 26a. Member States shall ensure coordination between victims support services, bodies, institutions and competent authorities involved in the different stages of the individual assessment process. All stages of the individual assessment shall be conducted in the best interest of the victim, paying special attention to the need to avoid secondary or repeated victimisation.'
2024/01/08
Committee: LIBEFEMM
Amendment 376 #

2023/0250(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 10 – point c (new)
Directive 2012/29/EU
Article 22 – paragraph 1h (new)
(c) the following paragraph 1h is inserted: '1c. The personal data obtained by victims support services, bodies, institutions and competent authorities involved in the different stages of the individual assessment process may only be disclosed to a third party under the condition that the data subject has explicitly consented to such disclosure, or that there is a legal requirement or authorisation to do so, in line with necessity and proportionality requirements. Member States shall take the necessary measures to ensure victims are informed about how their personal data may be processed throughout and after the individual assessment process.'
2024/01/08
Committee: LIBEFEMM
Amendment 379 #

2023/0250(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 10 – point d
Directive 2012/29/EU
Article 22 – paragraph 2 – point a
(a) the personal characteristics of the victim, including relevant experiences of discrimination, also when based on a combination of several grounds such as sex, genderintersecting grounds of discrimination, such as sex, gender and gender identity or expression, sex characteristics, age, disability, religion or belief, language, racial, social or ethnic origin, residence status, sexual orientation;
2024/01/08
Committee: LIBEFEMM
Amendment 389 #

2023/0250(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 10 – point d
Directive 2012/29/EU
Article 22 – paragraph 3
In this regard, victims of terrorism, organised crime, human trafficking, gender-based violence, including violence against women and domestic violence, sexual violence, exploitation or hate crime, victims of core international crime including torture and enforced disappearances based on the respective Conventions and victims with disabilities shall be duly considered. Particular attention shall be paid to victims who fall under more than one of those categories.;
2023/12/18
Committee: LIBEFEMM
Amendment 396 #

2023/0250(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 10 – point e
Directive 2012/29/EU
Article 22 – paragraph 3a
3a. In the context of the individual assessment, particular attention shall be paid to the risk emanating from the offender, including the risk of violent behaviour and of bodily harm, the use of weapons, involvement in a group of organised crime, drug or alcohol abuse, child abuse, mental health issues, risk and behaviour of stalking, expression of threats or hate speech.;
2023/12/18
Committee: LIBEFEMM
Amendment 398 #

2023/0250(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 10 – point f
Directive 2012/29/EU
Article 22 – paragraph 4
4. For the purposes of this Directive, child victims shall be presumed to have specific support and protection needs due to their vulnerability to secondary and repeat victimisation, to intimidation and to retaliation. To determine whether and to what extent they would benefit from special measures as provided for under Articles 23 and 24, child victims shall be subject to an individual assessment as provided for in paragraph 1 of this Article. The individual assessment of child victims shall be organised within the framework of targeted and integrated support services referred to in Article 9a, and should take into account the specific needs of children without parental care.;
2023/12/18
Committee: LIBEFEMM
Amendment 406 #

2023/0250(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 11
Directive 2012/29/EU
Article 23 – paragraph 2 – point d
(d) all interviews with victims of sexual violence, gender-based violence including victims of violence against women and domestic violence covered by Directive (EU) …/… of the European Parliament and of the Council65[14] [on combating violence against women and domestic violence], unless conducted by a prosecutor or a judge, being conducted by a person of the same sex asgender chosen by the victim, if the victims so wishes, provided that the course of the criminal proceedings will not be prejudiced.; _________________ 65 Directive (EU) …/… of the European Parliament and of the Council on combating violence against women and domestic violence (OJ …).’
2023/12/18
Committee: LIBEFEMM
Amendment 409 #

2023/0250(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 12
Directive 2012/29/EU
Article 23 – paragraph 4
4. The following measures to ensure victims’ physical protection shall be available and granted with sufficient financial resources for victims with specific protection needs identified in accordance with Article 22(1) during criminal proceedings:
2023/12/18
Committee: LIBEFEMM
Amendment 411 #

2023/0250(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 12
Directive 2012/29/EU
Article 23 – paragraph 4 – point ba (new)
() in paragraph 4 the following point is added: (ba) access to shelters, including specialised shelters and other appropriate accommodations.’;
2023/12/18
Committee: LIBEFEMM
Amendment 421 #

2023/0250(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 13 a(new)
Directive 2012/29/EU
Article 25
(13a) Article 25 is amended as follows: "Article 25 Training of practitioners 1. Member States shall ensure that officials of public authorities, bodies and institutions likely to come into contact with victims, such as police officers and court staff, receive both general and specialist training to a level, as appropriate to their contact with victims, to increase their awareness of the needs of victims, and to enable them tovoid revictimisation and deal with victims in an impartial, respectful, gender and child sensitive and professional manner. 2. Without prejudice to judicial independence and differences in the organisation of the judiciary across the Union, Member States shall requestensure that those responsible for the training of judges and prosecutors involved in criminal proceedings make available both general and specialist training to increase the awareness of judges and prosecutors of the needs of victims. and to treat victims in a trauma-sensitive, gender-sensitive and child-sensitive manner, avoiding secondary victimisation. 3. With due respect for the independence of the legal profession, Member States shall recommend that those responsible for the training of lawyers make availablensure that lawyers receive both general and specialist training to increase the awareness of lawyers of the needs of victims. and to treat victims in a trauma- sensitive, gender-sensitive and child- sensitive manner, avoiding secondary victimisation. 4. Through their public services or by funding victim support organisations, Member States shall encourage initiatives enablingsure that those providing victim support and, restorative justice services to, health care, translation and interpretation services to victims, receive adequate training to a level appropriate to their contact with victims and observe professional standards to ensure such services are provided in an impartial, respectful, gender and child sensitive and professional manner. 5. In accordance with the duties involved, and the nature and level of contact the practitioner has with victims, training shall aim to enable the practitioner to recognise victims and to treat them in a respectful, professional and non-discriminatory manner. The training shall as well provide specialised knowledge and skills to identify and address the specific protection and support needs of victims experiencing intersectional forms of discrimination, include sensitisation on the risks of secondary victimisation and ways to reduce it and enable such professionals to develop soft skills to engage and communicate with victims in a victim sensitive manner. 6. Training activities referred to in paragraphs 1 to 5 shall be regular and mandatory. Member States shall take measures, including through their public services and by funding, to support responsible training bodies and organisations to develop, deliver and ensure the receipt of this trainings. Member states shall put in place procedures to ensure that the outcome and practical application of training under this Article are periodically and independently monitored and evaluated."
2023/12/18
Committee: LIBEFEMM
Amendment 432 #

2023/0250(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 14
Directive 2012/29/EU
Article 26a – paragraph 1
1. Member States shall establish and implement specific protocols on the organisation of services and actions under this Directive by the competent authorities, victims support services, bodies and institutions dealing with victims of crime, and other persons coming in contact with victims. The protocols shall be drawn up in coordination and cooperation between law enforcement, prosecution authorities, judges, labour inspectorates detention authorities, restorative justice services and victim support services and in consultation with civil society organisations. The specific protocols shall aim as a minimum at ensuring that:
2023/12/18
Committee: LIBEFEMM
Amendment 444 #

2023/0250(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 14
Directive 2012/29/EU
Article 26a – paragraph 1 – point b
(b) victims who are in detention including jails, detention centres and holding cells for suspects and accused, as well as victims deprived of liberty in other custodial settings such as specialised detention facilities for applicants of international protection and pre-removal centres or in other institutions, including accommodation centers where applicants and beneficiaries of international protection are located:where irregular migrants, or applicants and beneficiaries of international protection are temporarily confined, as well as mental health institutions and social care institutions, and any other form of public or private custodial setting under control of any judicial, administrative, or other public authority, or private institution from which the victim is not permitted to leave at will.
2023/12/18
Committee: LIBEFEMM
Amendment 453 #

2023/0250(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 14
Directive 2012/29/EU
Article 26a – paragraph 3
3. Member States shall take the necessary legislative measures to allow for collection and sharing of information, in line with General data protection regulation (EU) 2016/679 including information containing personal data of victims between the competent authorities and victim support services to ensure access to information and appropriate support and protection of individual victims.
2023/12/18
Committee: LIBEFEMM
Amendment 459 #

2023/0250(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 14
Directive 2012/29/EU
Article 26c – paragraph 2
Member States shall ensure that reasonable accommodation isand procedural accommodations are provided for victims with disabilities upon request.
2023/12/18
Committee: LIBEFEMM
Amendment 471 #

2023/0250(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 16
Directive 2012/29/EU
Article 28 – paragraph 1
1. Each Member State shall take the necessary measures to establish a system for the collection, production and dissemination of statistics on victims of crime. The statistics shall include data relevant to the application of national procedures on victims of crime, including at least the number and type of reported crimes and the number, the age, gender, sex of the victims, as well as other intersectional equality data and the type of the offence. They shall also include information on how victims have accessed the rights set out in this Directive and develop qualitative analysis on remaining barriers when reporting crimes and accessing victims’ rights.
2023/12/18
Committee: LIBEFEMM
Amendment 475 #

2023/0250(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 16
Directive 2012/29/EU
Article 28 – paragraph 3
3. The European Union Agency for Fundamental Rights shall support Member States and the Commission in the collection, production and dissemination of qualitative analysis and statistics on victims of crime and in reporting on how victims have accessed the rights set out in this Directive.
2023/12/18
Committee: LIBEFEMM
Amendment 487 #

2023/0250(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 17
Directive 2012/29/EU
Article 29
The report shall be accompanied, if necessary, by a legislative proposal.; The Commission shall, by [at most two years after the date of the first report] submit a report to the European Parliament and to the Council, assessing the extent of the practical implementation of the Directive identifying any rights which are not fully or correctly implemented.
2023/12/18
Committee: LIBEFEMM
Amendment 75 #

2023/0138(COD)

Proposal for a regulation
Citation 1
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 121(6) and article 148 thereof,
2023/09/29
Committee: EMPL
Amendment 78 #

2023/0138(COD)

Proposal for a regulation
Recital 5
(5) The economic governance (5) framework of the Union should be adapted to better take into account the growing heterogeneity of fiscal positions, public debt challenges, social considerations, green investment needs, and other vulnerabilities across Member States. The strong policy response to the COVID-19 pandemic proved highly effective in mitigating the economic and social damage of the crisis, but the crisis resulted in a significant increase in public- and private- sector debt ratios, underscoring the importance of reducing debt ratios to prudent levels in a gradual, sustained and, growth-friendly and inclusive manner and addressing macroeconomic and social imbalances, while paying due attention to quality employment and social objectives. At the same time, the economic governance framework of the Union should be adapted to help address the medium- and long-term challenges facing the Union including achieving a fair digital and green transition, including the Climate Law22 , and including the implementation of the European Pillar of Social Rights, ensuring energy security, open strategic autonomy, addressing demographic change, strengthening social, environmental, and economic resilience, and implementing the strategic compass for security and defence, all of which requires reforms and sustained high levels of investment in the years to come. The economic governance framework of the Union should take into account the severe fiscal consequences of climate inaction and the high ecological, social and economic risks caused by under-investment, including infrastructure deficiencies as well as a lack of progress in reaching the Paris Agreement targets and in implementing the European Pillar of Social Rights. __________________ 22 The European Climate Law sets a Union-wide climate neutrality objective by 2050 and requires Union institutions and Member States to progress in enhancing adaptive capacity, requiring significant public investment to reduce the negative socio-economic impacts of climate change on the EU and its Member States, including negative impacts on growth and fiscal sustainability.
2023/09/29
Committee: EMPL
Amendment 84 #

2023/0138(COD)

Proposal for a regulation
Recital 11 a (new)
(11 a) Within the net expenditure path developed by Member States as part of the medium term fiscal structural plan, amortisation of investments that address EU priorities should contribute to the creation of the required fiscal space for key investments. This includes the implementation of the EU Green Deal and of the European Pillar of Social Rights. The amortisation of investments should enable the front-loading of green investments, accelerating the green transition and enabling a smoother adjustment with reference to the overall carbon budget on the path to the Paris Agreement goals. Likewise, frontloading of investments in the implementation of the European Pillar of Social Rights and its action plan will contribute to the timely achievement of its goals, not least with regard to training, employment and reduction of poverty. To achieve this, investments in line with Article 1 shall be spread over the life-cycle of the investment or in any case over 20 years, thereby accounting for one twentieth of the total investment cost in each yearly budget over this time span, as set out in Article 11.
2023/09/29
Committee: EMPL
Amendment 86 #

2023/0138(COD)

Proposal for a regulation
Recital 13
(13) To provide guidance to the Member States in the drafting of their medium-term fiscal-structural plan, the Commission should put forward a technical trajectory based on the minimum fiscal adjustment that brings the debt trajectory of the Member State on a plausibly downward path or maintains debt at a prudent level, while also taking into account the investment needs of Member States to achieve the common priorities of the Union. It should also ensure that the public debt ratio at the end of the planning horizon declines below its level in the year before the start of the technical trajectory. The sustainability of that debt reduction should result from appropriate fiscal policies. The sustainability of that debt reduction should result from forward- looking fiscal policies, which do no significant harm to the achievement of the common priorities of the Union.
2023/09/29
Committee: EMPL
Amendment 93 #

2023/0138(COD)

Proposal for a regulation
Article 1 – paragraph 1
This Regulation sets out rules ensuring effective coordination of economic policies of the Member States, thereby supporting the achievement of the Union’s objectives for growth andsustainable and inclusive growth, resilience, and quality employment.
2023/09/29
Committee: EMPL
Amendment 94 #

2023/0138(COD)

Proposal for a regulation
Article 1 – paragraph 2
It lays down detailed rules concerning the content, submission, assessment and monitoring of national medium-term fiscal- structural plans in line with the economic, social and sustainability objectives of the EU as part of multilateral budgetary surveillance by the Council and the Commission so as to promote debt sustainability and sustainable and inclusive growth and resilience in the Member States and prevent the occurrence of excessive government deficits, by medium- term planning, while ensuring the necessary economic, green and social investments that bring progress towards EU common priorities, as defined in this article.
2023/09/29
Committee: EMPL
Amendment 95 #

2023/0138(COD)

Proposal for a regulation
Article 1 – paragraph 2 a (new)
The common priorities of the Union are: (a) The European Green Deal, including the reduction of greenhouse gas emissions by 55% by 2023, the transition to climate neutrality by 2050, and the translation at national level through the National Energy and Climate Plans; (b) The European Pillar of Social Rights including the related targets on employment, skills and poverty reduction by 2030; (c) The Digital Decade Policy Programme 2030, and reflected at national level through the National Digital Decade Strategic Roadmaps; (d) A Strategic Compass for Security and Defence - For a European Union that protects its citizens, values and interests and contributes to international peace and security.
2023/09/29
Committee: EMPL
Amendment 96 #

2023/0138(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 2
(2) ‘net expenditure’ means government expenditure net of interest expenditure, national co-financing for EU programmes and expenditure, discretionary revenue measures and other budgetary variables outside the control of the government as set out in Annex II, point (a);
2023/09/29
Committee: EMPL
Amendment 97 #

2023/0138(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 5
(5) 'national medium-term fiscal- structural plan’ means the document containing the fiscal, reform, upwards social convergence, sustainability and investment commitments of a Member State;
2023/09/29
Committee: EMPL
Amendment 98 #

2023/0138(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 6
(6) ‘annual progress report’ means the document of a Member State reporting on the implementation of the net expenditure path, and of the reforms and investment commitments and advancements in achieving social progress and sustainability objectives, included in its national medium-term fiscal-structural plan;
2023/09/29
Committee: EMPL
Amendment 99 #

2023/0138(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 10 a (new)
(10 a) ‘resilience’ means the ability to face economic, social and environmental shocks or persistent structural changes in a fair, sustainable and inclusive way;
2023/09/29
Committee: EMPL
Amendment 100 #

2023/0138(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 10 b (new)
(10 b) ‘do no significant harm’ means not supporting or carrying out economic activities that do significant harm to any environmental objective. within the meaning of Article 17 of Regulation (EU) 2020/852.
2023/09/29
Committee: EMPL
Amendment 103 #

2023/0138(COD)

Proposal for a regulation
Article 3 – paragraph 1
In order to ensure closer coordination of economic policies and sustained upward convergence of the economic and soci, social and environmental performance of the Member States in line with the common Union priorities, the Council and the Commission shall conduct multilateral surveillance within the European Semester in accordance with the objectives and requirements set out in the TFEU. Multilateral surveillance shall rely on high quality and independent statistics, produced in accordance with the principles laid down in Regulation (EC) No 223/2009 of the European Parliament and of the Council.
2023/09/29
Committee: EMPL
Amendment 105 #

2023/0138(COD)

Proposal for a regulation
Article 3 – paragraph 2 – point a
(a) the formulation, and the surveillance of the implementation, of the broad guidelines for the economic, social and sustainability policies of the Member States and of the Union in accordance with Article 121(2) TFEU, Article 148 TFEU, and Article 191 TFEU, of country-specific recommendations and of the recommendation on the economic policy of the euro area;
2023/09/29
Committee: EMPL
Amendment 107 #

2023/0138(COD)

Proposal for a regulation
Article 3 – paragraph 2 – point b
(b) the formulation, and the surveillance of the implementation, of the employment guidelines that are to be taken into account by Member States in accordance with Article 148(2) TFEU, includingthe surveillance of the implementation of the European Pillar of Social Rights and its headline targets, and of the related country-specific recommendations, related analysis in country reports as well as social convergence reports under the Social Convergence Framework;
2023/09/29
Committee: EMPL
Amendment 112 #

2023/0138(COD)

Proposal for a regulation
Article 4 – paragraph 1
1. Where necessary, following the assessment pursuant to this Regulation of the medium-term fiscal-structural plans, the annual progress reports and the socio- economic situation of the Member States concerned, the Council shall, on the basis of recommendations from the Commission, address recommendations to those Member States making full use of the legal instruments provided in Articles 121 and 148 TFEU, the European Pillar of Social Rights, and related secondary legislation.
2023/09/29
Committee: EMPL
Amendment 113 #

2023/0138(COD)

Proposal for a regulation
Article 4 – paragraph 3 – point a a (new)
(a a) a recommendation by the Council pursuant to Article 9 or 148 TFEU, the implementation of the principles of the European Pillar of Social Rights, or reflecting the outcomes of the Social Convergence Framework;
2023/09/29
Committee: EMPL
Amendment 114 #

2023/0138(COD)

Proposal for a regulation
Article 6 – paragraph 1 – point a
(a) at the end of the adjustment period, the public debt ratio is pubrought or remains on a plausibly downward path, or stays at prudent levels;
2023/09/29
Committee: EMPL
Amendment 115 #

2023/0138(COD)

Proposal for a regulation
Article 6 – paragraph 1 – point b
(b) the government deficit is brought and maintained below(b) at the end of the adjustment period, the government deficit is brought or remains on a plausibly downward path towards the 3% of GDP reference value the medium term, or stays at prudent levels;
2023/09/29
Committee: EMPL
Amendment 116 #

2023/0138(COD)

Proposal for a regulation
Article 6 – paragraph 1 – point e
(e) national net expenditure growth remains below medium-term output growth, on average, as a rule over the horizon of the plan.deleted
2023/09/29
Committee: EMPL
Amendment 117 #

2023/0138(COD)

Proposal for a regulation
Article 6 – paragraph 1 – point e a (new)
(e a) maintaining the headline deficit below the 3% of GDP reference value does not come at the expense of the need for the Member State concerned to fill their investment gaps to achieve the EU common priorities as set out in Article 1, also accounting for the possibility of spreading the cost of eligible investment over its lifetime in line with article 11;
2023/09/29
Committee: EMPL
Amendment 118 #

2023/0138(COD)

Proposal for a regulation
Article 7 – paragraph 2
2. For Member States having a government deficit below the 3% of GDP reference value and public debt below the 60% of GDP reference value, the Commission shall provide technical information regarding the structural primary balance necessary to ensure that the headline deficit is maintained below the 3% of GDP reference value without any additional policy measures over a 10-year period after the end of the national medium-term fiscal-structural plan, without compromising the need to fill the investment gaps for the Member State concerned to achieve the common priorities as set out in article 1.
2023/09/29
Committee: EMPL
Amendment 119 #

2023/0138(COD)

Proposal for a regulation
Article 9 – paragraph 2 a (new)
Each Member State shall ensure that the social partners, civil society organisations and other relevant stakeholders are given early and effective opportunities to participate in the preparation of the national medium-term fiscal structural plans. Each Member State shall attach to the submission of such documents to the Commission a summary of these consultations and how they were held.
2023/09/29
Committee: EMPL
Amendment 120 #

2023/0138(COD)

Proposal for a regulation
Article 11 – paragraph 1 – subparagraph 1
The national medium-term fiscal-structural plan shall provide the information listed in Annex II. In particular, it shall present a net expenditure trajectorypath covering a period of at least 4 years, as well as the underlying macroeconomic assumptions and the planned fiscal-structural measures in order to demonstrate compliance with the requirements of Article 12.
2023/09/29
Committee: EMPL
Amendment 121 #

2023/0138(COD)

Proposal for a regulation
Article 11 – paragraph 1 – subparagraph 1 – point 1 (new)
(1) When presenting the net expenditure path, the cost of public investment expenditure that addresses the common priorities of the Union as referred to in Article 1 shall be spread over the life-cycle of the investment or in any case over 20 years, thereby accounting for one twentieth of the total investment cost in each yearly budget over this timespan.
2023/09/29
Committee: EMPL
Amendment 122 #

2023/0138(COD)

Proposal for a regulation
Article 11 – paragraph 1 – subparagraph 2
The national medium-term fiscal-structural plan shall also describe the actions of the Member State concerned to address the country-specific recommendations, including those that are relevant for the Macroeconomic Imbalances Procedure, challenges identified in country reports and social convergence reports under the Social Convergence Framework, and the warnings by the Commission, where applicable, or the recommendations by the Council, where applicable, made pursuant to Article 9 TFEU, 121(4) TFEU, Article 148 TFEU, and the implementation of the European Pillar of Social Rights.
2023/09/29
Committee: EMPL
Amendment 124 #

2023/0138(COD)

Proposal for a regulation
Article 12 – paragraph 1 – point a a (new)
(a a) assess the national public and private investment gaps that need to be filled to achieve the common priorities listed in article 1;
2023/09/29
Committee: EMPL
Amendment 125 #

2023/0138(COD)

Proposal for a regulation
Article 12 – paragraph 1 – point b
(b) explain how it will ensure the delivery of investment and reforms responding to the main challenges identified within the European Semester, in the country-specific recommendations, country reports and social convergence reports under the Social Convergence Framework, correct the identified macroeconomic imbalances under the Macroeconomic Imbalances Procedure if applicable, and address the common priorities of the Union referred to in Article 1 Annex VI of this Regulation, including the European Green Deal, European Pillar of Social Rights, including the EU and national targets on employment, education and poverty reduction by 2030, and the Digital Decade while being consistent with the updated National Energy and Climate Plans and the National Digital Decade Roadmaps;
2023/09/29
Committee: EMPL
Amendment 129 #

2023/0138(COD)

Proposal for a regulation
Article 12 – paragraph 1 – point b a (new)
(b a) explain how it will ensure the reduction of the investment gaps referred to in paragraph (aa) within the timeframe of the plan;
2023/09/29
Committee: EMPL
Amendment 130 #

2023/0138(COD)

Proposal for a regulation
Article 12 – paragraph 1 – point d a (new)
(d a) contain a chapter summarising the quality and quantity of consultations of national parliaments, social partners, civil society organisations and other stakeholders and how their input is reflected in the plan and in the implementation process;
2023/09/29
Committee: EMPL
Amendment 131 #

2023/0138(COD)

Proposal for a regulation
Article 13 – paragraph 2 – subparagraph 1
The set of reform and investment commitments underpinning an extension of the adjustment period, shall be commensurate with national investment gaps as identified in the national fiscal- structural plans as per Article 12 (aa), the degree of public debt challenges and challenges to medium- term sustainable and inclusive growth in the Member State concerned and the distance from the achievement of the common Union priorities as identified in Article 1.
2023/09/29
Committee: EMPL
Amendment 132 #

2023/0138(COD)

Proposal for a regulation
Article 13 – paragraph 2 – subparagraph 2 – point i
(i) be growth or resilience enhancing;
2023/09/29
Committee: EMPL
Amendment 133 #

2023/0138(COD)

Proposal for a regulation
Article 13 – paragraph 2 – subparagraph 2 – point iii
(iii) address the common priorities of the Union referred to in Annex VIrticle 1;
2023/09/29
Committee: EMPL
Amendment 134 #

2023/0138(COD)

Proposal for a regulation
Article 13 – paragraph 2 – subparagraph 2 – point iv
(iv) address relevant country-specific recommendations addressed to the Member State concerned, including, where applicable, recommendations issued under the Macroeconomic Imbalances Procedure and Social Convergence Framework under article 148 TFEU;
2023/09/29
Committee: EMPL
Amendment 135 #

2023/0138(COD)

Proposal for a regulation
Article 13 – paragraph 2 – subparagraph 2 – point v a (new)
(v a) comply with the ‘Do no significant harm' principle.
2023/09/29
Committee: EMPL
Amendment 136 #

2023/0138(COD)

Proposal for a regulation
Article 15 – paragraph 2 – point b
(b) whether the government deficit is maintained below the 3% of GDP reference value throughout the duration of the plan or whether the government deficit returns swiftly belowon a plausible downward path towards the 3% of GDP reference value at the latest by the end of the adjustment period when the deficit is above this reference value at the time of submission of the national medium-term fiscal- structural plan, or stays at prudent levels;
2023/09/29
Committee: EMPL
Amendment 137 #

2023/0138(COD)

Proposal for a regulation
Article 15 – paragraph 2 – point c
(c) whether the government deficit is maintained belowbrought or remains on a plausibly downward path towards the 3% of GDP reference value in the absence of further budgetary measures over a period of 10 years;
2023/09/29
Committee: EMPL
Amendment 138 #

2023/0138(COD)

Proposal for a regulation
Article 15 – paragraph 2 – point e
(e) whether for the years that the Member State concerned is expected to have a deficit above the 3% of GDP reference value, and the excess is not close and temporary, the fiscal adjustment is consistent with the benchmark referred to under Article 3 of Council Regulation (EC) No 1467/97 on speeding up and clarifying the implementation of the excessive deficit procedure as amended by Regulation [X]; andeleted
2023/09/29
Committee: EMPL
Amendment 139 #

2023/0138(COD)

Proposal for a regulation
Article 15 – paragraph 2 – point f
(f) whether the public debt ratio at the end of the planning horizon is below the public debt ratio in the year before the start of the technical trajectoryset on a declining path or maintained at prudent levels.
2023/09/29
Committee: EMPL
Amendment 140 #

2023/0138(COD)

Proposal for a regulation
Article 20 – paragraph 2
2. The annual progress report referred to in paragraph 1 shall contain in particular information about the progress in the implementation of the net expenditure path, the implementation of broader reform and investment commitments in the European Semester context and, if applicable, in the implementation of the set of reform and investment commitments underpinning an extension of the adjustment periodincluding the progress on the implementation of the European Pillar of Social Rights as well as how they will contribute to closing investment gaps reported on in national- fiscal structural plans and, if applicable, in the implementation of the set of reform and investment commitments underpinning an extension of the adjustment period. The report shall also contain information on how the national medium-term-fiscal- structural plan has been contributing to achieving climate and environmental national and international commitments and the methodology used. The report shall also include information on how Member States are involving social partners, civil society organisations and other relevant stakeholders in the implementation of the commitments.
2023/09/29
Committee: EMPL
Amendment 143 #

2023/0138(COD)

Proposal for a regulation
Article 26 – paragraph 1
The European Parliament shall be duly involved in the European Semester in order to increase the transparency and ownership of, and the accountability for the decisions taken, in particular by means of an economic and social dialogue. The Economic and Financial Committee, the Economic Policy Committee, the Employment Committee and the Social Protection Committee and the Working Party on the Environment shall be consulted within the framework of the European Semester where appropriate. Relevant stakeholders, in particular the social partners, shall be involved and civil society organisations, both at EU and national levels, shall be involved in a regular, structured way within the framework of the European Semester, on the main policy issues where appropriate, in accordance with the provisions of the TFEU and national legal and political arrangements.
2023/09/29
Committee: EMPL
Amendment 145 #

2023/0138(COD)

Proposal for a regulation
Article 33 – paragraph 4
4. Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making. It shall also consult social partners, civil society organisations and other relevant stakeholders.
2023/09/29
Committee: EMPL
Amendment 146 #

2023/0138(COD)

Proposal for a regulation
Article 34 – paragraph 1
The Commission shall ensure a permanent dialogue with Member States in accordance with the objectives of this Regulation. To that end, the Commission shall, in particular, carry out missions for the purpose of the assessment of the socio- economic situation in the Member State and the identification of any risks or difficulties in complying with the objectives of this Regulation. It shall also consult social partners, civil society organisations and other relevant stakeholders.
2023/09/29
Committee: EMPL
Amendment 147 #

2023/0138(COD)

Proposal for a regulation
Article 35 – paragraph 2 a (new)
2 a. The European Commission will publish guidance to the Member States on stakeholder involvement, providing advice on how to meaningfully and structurally involve social partners, civil society organisations and other relevant stakeholders in development, implementation, monitoring and evaluation of national fiscal-structural plans.
2023/09/29
Committee: EMPL
Amendment 148 #

2023/0138(COD)

Proposal for a regulation
Annex II – paragraph 1 – point i a (new)
(i a) a detailed plan to enact a socially just and time-bound reduction of fossil fuel and other environmentally harmful subsidies.
2023/09/29
Committee: EMPL
Amendment 153 #

2023/0138(COD)

Proposal for a regulation
Annex III – paragraph 1 – point n
(n) Information on labour market, skills and social policy developments, and on the implementation of policy measures taken that foster upward social convergence among Member States towards better working and living conditions, in line with the principles of the European Pillar of Social Rights and the Employment Guidelines under Article 148 TFEU and the Social Convergence Framework. That includes the expected impact of measures, in relation to progress on the national targets on employment, skills and poverty reduction by 2030.
2023/09/29
Committee: EMPL
Amendment 154 #

2023/0138(COD)

Proposal for a regulation
Annex III – paragraph 1 – point n a (new)
(n a) Information on how expenditures and revenues reflect the need to ensure that the “polluter-pays” principle is enacted. Information on how the planned government expenditure contributes to achieving climate and environmental national and international commitments and the methodology used. Data and descriptive information shall be provided separately for expenditure, tax expenditure and revenue items. Information on the distributional impact of budgetary policies, taking into account employment, social and distributional aspects in the development of green budgeting.
2023/09/29
Committee: EMPL
Amendment 157 #

2023/0138(COD)

Proposal for a regulation
Annex VI
Common priorities of the Union The common priorities of the Union referred to in Article 12, point (b) are: (a) including the transition to climate neutrality by 205035 andeleted tThe translation at national level through the National Energy and Climate Plans; (b) Rights36 including the related targets on employment, skills and poverty reduction by 2030; (c) Programme 203037 , and reflected at national level through the National Digital Decade Strategic Roadmaps; (d) and Defence - For a European Union that protects its citizens, values and interests and contributes to international peace and security.38 __________________ 34 Communication COM(2019) 640 final of 11 December 2019 from the Commission ‘The European Green Deal’ and Decision (EU) 2022/591 of the European Parliament and of the Council of 6 April 2022 on a General Union Environment Action Programme to 2030 (OJ L 114, 12.4.2022, p.22). 35 Regulation (EU) 2021/1119 of the European Parliament and of the Council of 30 June 2021 establishing the framework for achieving climate neutrality and amending Regulations (EC) No 401/2009 and (EU) 2018/1999 (‘European Climate Law’). 36 (2017/C 428/09) Interinstitutional Proclamation on the European Pillar of Social Rights (OJ C 428, 13.12.2017, p. 10). 37 Decision (EU) 2022/2481 of the European Parliament and of the Council of 14 December 2022 establishing the Digital Decade Policy Programme 2030 (OJ L 323, 19.12.2022, p. 4). 38 Council of the European Union, COPS 130.European Green Deal34 , The European Pillar of Social The Digital Decade Policy A Strategic Compass for Security
2023/09/29
Committee: EMPL
Amendment 163 #

2023/0138(COD)

Proposal for a regulation
Annex VII – point 2 – paragraph 2 – point 2.5 a (new)
2.5 a The set of reform and investment commitments enacts a socially just and time-bound reduction of fossil fuel and other environmentally harmful subsidies.
2023/09/29
Committee: EMPL
Amendment 12 #

2022/2151(INI)

Motion for a resolution
Recital B
B. whereas recent studies have shown that social inequalities are the biggest concern of people in the EU, and in particular the cost of living, poverty, and social exclusion1a; whereas high income inequalities can have damaging effects on economic growth and endanger social cohesion; _________________ 1a EP Autumn 2022 Survey: Parlemeter https://europa.eu/eurobarometer/surveys/ detail/2932
2023/02/01
Committee: EMPL
Amendment 17 #

2022/2151(INI)

Motion for a resolution
Recital C
C. whereas poverty and in-work poverty remains a challenge for the Member States;
2023/02/01
Committee: EMPL
Amendment 28 #

2022/2151(INI)

Motion for a resolution
Recital E
E. whereas rapid increases in energy prices and inflation across the EU are placing a burden on households; whereas the cost of living crisis has negative implications on housing affordability, with the risk of further increasing homelessness;
2023/02/01
Committee: EMPL
Amendment 41 #

2022/2151(INI)

Motion for a resolution
Recital F a (new)
F a. whereas gender equality and gender mainstreaming should be at the core of the 2023 annual sustainable growth strategy;
2023/02/01
Committee: EMPL
Amendment 42 #

2022/2151(INI)

Motion for a resolution
Recital F b (new)
F b. whereas skilled workers, education, training and life-long learning are of key importance to ensure the sustainable and just transition of the European economy; whereas upskilling, reskilling and training programmes must be available for all workers, including those with disabilities, free of cost for the worker, and should also be adapted to the needs and capacities of workers;
2023/02/01
Committee: EMPL
Amendment 44 #

2022/2151(INI)

Motion for a resolution
Recital F c (new)
F c. whereas workers have the right to a high level of protection of their health and safety, with an accessible work place and environment that lives up to and contributes to the implementation of the European Pillar of Social Rights and Occupational Safety and Health standards;
2023/02/01
Committee: EMPL
Amendment 45 #

2022/2151(INI)

Motion for a resolution
Recital F d (new)
F d. whereas the upcoming review of the economic governance framework represents a unique opportunity to support social investment and expenditure and prevent damaging austerity policies when the next crisis hits;
2023/02/01
Committee: EMPL
Amendment 49 #

2022/2151(INI)

Motion for a resolution
Paragraph 1
1. Highlights the fact that the swift and coordinated EU policy action during the COVID-19 pandemic has prevented economic shocks and protected the population from the most adverse consequences of the crisis; believes that, although the fallout from Russia’s invasion of Ukraine poses multiple new economic, social and geopolitical challenges to the EU economy and society, other, longer- standing social challenges and inequalities continue to grow and must also be tackled;
2023/02/01
Committee: EMPL
Amendment 51 #

2022/2151(INI)

Motion for a resolution
Paragraph 2
2. Endorses the Commission’s ambition of further strengthening coordinated EU policy responses to mitigate in the short term the burden that high energy and food prices, inflation, supply-chain disruptions, rising debt levels and the increased cost of borrowing and especially mortgages are placing on European households and businesses; highlights the fact that social investment is essential to allow for sustainable and inclusive growth in the medium and long term and that national welfare systems have an essential stabilisation function; highlights the need for a permanent fiscal capacity or EU Sovereignty Fund to ensure all Member States have the fiscal leeway to tackle the social, climate, and environmental challenges;
2023/02/01
Committee: EMPL
Amendment 56 #

2022/2151(INI)

Motion for a resolution
Paragraph 2 a (new)
2 a. Is concerned that 21.7% of the EU population is at risk of poverty or social exclusion, with women and young adults more likely to be at risk2a; Notes that the headline target of reducing poverty by 15 million will not be reached without addressing the most vulnerable; calls on the European Commission and Member States to develop targeted ways of supporting the long-term unemployed and homeless, as well as persons facing multiple barriers and discriminations; Stresses that minimum incomes are needed to lift people out of poverty and urges the Commission to come forward with EU legislation to guarantee a minimum income for those most at risk of exclusion; _________________ 2a https://ec.europa.eu/eurostat/statistics- explained/index.php?title=Living_conditi ons_in_Europe_- _poverty_and_social_exclusion&oldid=54 4210
2023/02/01
Committee: EMPL
Amendment 57 #

2022/2151(INI)

Motion for a resolution
Paragraph 2 b (new)
2 b. Stresses that the cost of living crisis makes the child guarantee, the Reinforced Youth Guarantee and the EU Disability Rights Strategy even more important to be implemented at national level; calls on the Commission to be more active in combating poverty, especially child poverty and in-work poverty;
2023/02/01
Committee: EMPL
Amendment 58 #

2022/2151(INI)

Motion for a resolution
Paragraph 2 c (new)
2 c. Stresses that the aim of sustainable economic growth must be to ensure an inclusive socio-ecological transformation of our economies, preventing social, economic and environmental imbalances by fighting poverty, reducing inequalities, creating decent jobs with adequate wages and working conditions, and be in line with the Sustainable Development Goals and the European Pillar of Social Rights;
2023/02/01
Committee: EMPL
Amendment 61 #

2022/2151(INI)

3. Stresses that quality public services, including social services, are pillars of democracy and a bulwark against populism, ensure core democratic values including respect for fundamental and human rights and play a crucial role in overcoming crises; calls for the revision of the legal framework for services of general economic interest to ensure that households in need have access to good-quality essential services, particularly housing, energy, transport, water, the internet and sanitation, as well as social services; Stresses the importance of financing public health and care systems, including early childhood education and care; welcomes the adoption of the Council recommendations on early childhood education and care and free high-quality long-term care; calls for the ambitious implementation of the European Care strategy;
2023/02/01
Committee: EMPL
Amendment 66 #

2022/2151(INI)

Motion for a resolution
Paragraph 3 a (new)
3 a. Underlines the need of the country-specific recommendations in the European Semester to invest in adequate disability allowance that is compatible with other forms of income, to reduce the risk of poverty faced by persons with disabilities;
2023/02/01
Committee: EMPL
Amendment 67 #

2022/2151(INI)

Motion for a resolution
Paragraph 3 b (new)
3 b. Believes that gender equality policies must be anchored and mainstreamed in all phases of economic governance; stresses the need to ensure gender equality, non-discrimination and social equality in employment relationships;calls on the Commission and the Member States to address the feminisation of poverty in all its forms, particularly by improving working conditions in feminised sectors; calls for the strengthening of gender-sensitive policies at the EU level, essential to ensure that the impact of the cost of living crisis does not widen gender inequality;
2023/02/01
Committee: EMPL
Amendment 75 #

2022/2151(INI)

Motion for a resolution
Paragraph 4
4. Supports a more democratic European Semester process, with Parliament strongly involved in setting economic policy priorities as well as in the taking of socio-economic governance decisions, especially those with a strong social dimension; considers that the European Semester process should follow the community method and be agreed between the Council and Parliament;
2023/02/01
Committee: EMPL
Amendment 84 #

2022/2151(INI)

Motion for a resolution
Paragraph 5
5. Supports a shift towards a sustainable, inclusive and resilient growth model, strengthening the sustainable development and resilience of the EU’s economy and societies and the full implementation of the EPSR, including its relevant headline targets for 2030, a social progress protocol and promoting future- oriented investments focused on the just green and digital transitions, with a strong social dimension, including gender equality;
2023/02/01
Committee: EMPL
Amendment 112 #

2022/2151(INI)

Motion for a resolution
Paragraph 9
9. Calls on the Commission to present a regulation on a social convergence framework, establishing a new mechanism to monitor social convergence risks, prevent other policy actions or economic shocks from having negative social spillover effects on upward social convergence, detect potential setbacks for the proper implementation of the EPSR and establish mandatory social targets to be achieved; believes that social divergence risks should be included in the country- specific recommendations and taken into account when defining fiscal adjustment paths; calls for the introduction of a Social Imbalances Procedure in the context of the European Semester to ensure that social and employment imbalances that have the potential to erode social cohesion within a member state or could have negative spillover effects on others, are detected at an early stage and properly corrected;
2023/02/01
Committee: EMPL
Amendment 123 #

2022/2151(INI)

Motion for a resolution
Paragraph 10
10. Stresses the importance of better assessing the distributional impact of existing and new policies and reforms monitored through the European Semester process; calls on the Commission to includeset up distributional impact assessment requirements infor the NRPs; points out that fiscal consolidation can only be fair and sustainable if the distributional impact of reallocated expenditure or shifts in revenues is well calibrated and contributes to reducing inequalities;
2023/02/01
Committee: EMPL
Amendment 125 #

2022/2151(INI)

Motion for a resolution
Paragraph 10 a (new)
10 a. Welcomes the Commission’s inclusion of social dialogue and collective bargaining provisions in the country- specific recommendations of 2020-2021; regrets that while social dialogue was included in 15 CSR recommendations in 2020, it only appears in 2 CSRs in 2022; urges the Commission to promote collective bargaining, democracy at work, and social dialogue through the European Semester, and specifically in the country- specific recommendations, in order to ensure sustainable, decent wages through collective bargaining;
2023/02/01
Committee: EMPL
Amendment 129 #

2022/2151(INI)

Motion for a resolution
Paragraph 11
11. Considers that the revised social scoreboard does not properly cover the 20 EPSR principles; calls, therefore, for the improvement of the social scoreboard and the inclusion of relevant indicators to identify social divergencesand disaggregation of data by various factors, such as gender, age, and socio-economic status, to identify social divergences and the impact of policies on various groups, particularly those in vulnerable situations, through a dynamic assessment; draws attention to the importance of including indicators that fully reflect the trends in and causes of inequality, such as indicators on good- quality employment, wealth distribution, access to good-quality public services, adequate pensions, minimum income schemes, occupational diseases (including mental health conditions) and unemployment benefits, as well as indicators measuring the social impact of environmental degradation and climate change; reminds the Commission that the ‘at risk of poverty or social exclusion’ (AROPE) indicator does not capture the wider and more complex causes of inequalities;
2023/02/01
Committee: EMPL
Amendment 134 #

2022/2151(INI)

Motion for a resolution
Paragraph 12
12. Acknowledges the Commission proposal for the revision of the economic governance framework to strengthen debt sustainability and enhance sustainable and inclusive growth through investment and reforms; points out that cyclical expenditure for unemployment as well as other social expenditure and investment, including the ones required to comply with NRRP milestones, must be excluded from excessive-deficit calculations in order to increase fairness in the green and digital transitions, social resilience and the implementation of the EPSR, while ensuring the sustainability of public finances in the Member States; highlights that the new framework should allow fiscal flexibility to target a fully employed economy with decent and well-paid jobs available to all; stresses the need to adopt legislative proposals before the general escape clause is lifted and the current legislature comes to an end; suggests the European Semester should mirror the medium-term nature of the future economic policy coordination framework;
2023/02/01
Committee: EMPL
Amendment 143 #

2022/2151(INI)

Motion for a resolution
Paragraph 13
13. Is concerned about the current economic landscape, forecasts for the near future and the impact that insufficient wage increases that keep real wage growth well below the inflation rate and do not meet the increasing cost of living could have on living standards in the EU; calls on the Member States to rapidly implement the provisions established in the Minimum Wages Directive1 , so that minimum wages are increased to at least 60 % of a country’s gross median salary or 50 % of the gross average; calls on the Commission to monitor the state of play in relation to minimum wages and ensure that low-end salaries, and particularly minimum wages, reflect the soaring cost of living; _________________ 1 Directive (EU) 2022/2041 ofcalls on the Commission to strengthen the collective bargaining coverage by revising the European Parliament and of the Council of 19 October 2022 on adequate minimum wages in the European Union, OJ L 275, 25.10.2022, p. 33.public procurement directive in order to establish conditionality for companies to comply with collective bargaining agreements, including strengthening the social clause and excluding companies from tenders which have engaged in union-busting or have refused to participate in collective bargaining;
2023/02/01
Committee: EMPL
Amendment 151 #

2022/2151(INI)

Motion for a resolution
Paragraph 13 a (new)
13 a. Welcomes the recent adoption of the Pay Transparency Directive and calls for its swift implementation; calls on Member States to assess work of equal value in accordance with objective gender-neutral criteria;
2023/02/01
Committee: EMPL
Amendment 174 #

2022/2151(INI)

Motion for a resolution
Paragraph 15 – point e a (new)
e a) skill development and anticipation strategies with the objectives of improving generic, sectoral and occupation-specific skills for the green economy;
2023/02/01
Committee: EMPL
Amendment 197 #

2022/2151(INI)

Motion for a resolution
Paragraph 19 a (new)
19 a. Calls on the Commission to review existing European instruments such as the Quality Framework for Traineeships and the European Framework for Quality and Effective Apprenticeships and to include quality criteria for the offers made to young people, including the principle of fair remuneration for trainees and interns, access to social protection, sustainable employment and social rights; Calls on the Member States to facilitate access for young people to paid, quality and inclusive traineeships and apprenticeships; calls for the reinforcement of monitoring schemes, ensuring that young people receive adequate and quality first working experiences, opportunities for upskilling and new qualifications or credentials; condemns the practice of unpaid internships as a form of exploitation of young workers, and a violation of their rights, and calls on the Commission and the Member States, in collaboration with Parliament, and respecting the principle of subsidiarity, to propose a common legal framework to ensure fair remuneration for traineeships and apprenticeships in order to avoid exploitative practices; condemns the practice of zero-hour contracts and calls on the Member States to provide support to employers providing traineeships and apprenticeships to young persons with disabilities;
2023/02/01
Committee: EMPL
Amendment 199 #

2022/2151(INI)

Motion for a resolution
Paragraph 19 b (new)
19 b. Calls on the Commission to develop a mandatory EU ‘Youth Test’ so that all EU legislation and policy is subject to a youth focused impact assessment, consultation with youth, youth organisations and experts focused on youth, and the development of mitigation measures in case a negative impact is identified; calls on the Member states to consider a youth clause assessing the impact of an initiative on young people when putting forward new initiatives across all policy areas;
2023/02/01
Committee: EMPL
Amendment 200 #

2022/2151(INI)

Motion for a resolution
Paragraph 20
20. Calls for the EU green industrial strategy to ensure that the jobs of tomorrow are not only green, but above all decent, well paid and based on good working conditions, with health and safety at work, robust social protection and gender equality; calls also for it to ensure that people are adequately remunerated in line with their qualifications and certified competences; Calls for the EU industrial strategy to ensure that the jobs of tomorrow are not only green, but above all decent, well paid and based on good working conditions, with health and safety at work, robust social protection and gender equality; calls also for it to ensure that people are adequately remunerated in line with their qualifications and certified competences; invites the Commission to make state aid and public procurement dependent on social conditions such as a commitment to effective social dialogue and collective bargaining with trade unions as well as a ban on dividend payments while a company is in receipt of State aid; Stresses that an EU green industrial policy can become one of the main source of job creation in Europe in the coming years, in both emerging and traditional sectors, reflecting the fact that sustainable economic activities are more labour- intensive than the activities they replace;
2023/02/01
Committee: EMPL
Amendment 6 #

2022/2134(DEC)

Draft opinion
Paragraph 3 a (new)
3 a. Recalls that the agencies are the most qualified at assessing the use of resources and play a crucial role in supporting the right sustainable projects in line with the European Green Deal; calls on the Commission to ensure funding supporting the EU agencies in securing the social dialogue; notes that EU agencies have a crucial role in securing social dialogue with the EU institutions;
2022/12/06
Committee: EMPL
Amendment 7 #

2022/2134(DEC)

Draft opinion
Paragraph 3 b (new)
3 b. Recalls that gender balance must be ensured within the Union agencies in accordance with the basic regulations establishing them; asks, therefore, that the Union agencies collect and present data on gender balance for all categories of management staff (from the lowest to the highest level) to gather the basic data on the basis of which the Union agencies are encouraged to address gender imbalance in management and to pursue gender mainstreaming in all fields;
2022/12/06
Committee: EMPL
Amendment 10 #

2022/2134(DEC)

Draft opinion
Paragraph 4 a (new)
4 a. Highlights that transparency and citizens' awareness of the existence of the agencies are essential for their democratic accountability;
2022/12/06
Committee: EMPL
Amendment 11 #

2022/2134(DEC)

Draft opinion
Paragraph 4 b (new)
4 b. Welcomes that 9 agencies had introduced their own internal rules to deal with the lack of provisions in EU legislation governing the activities of members of agencies’ boards; notes with concern that the remaining 31 agencies only take into account potential ‘revolving door’ cases concerning their current and former staff, leading to only a small fraction of potential ‘revolving door’ cases of agencies’ board members being subject to any assessment; is concerned that during the period 2019-2021 only 20 of the 40 agencies examined by ECA had considered any potential revolving-door cases related to their senior staff members; calls on agencies to urgently introduce internal rules for members of their boards on conflicts of interest in general and ‘revolving door’ situations in particular;
2022/12/06
Committee: EMPL
Amendment 3 #

2022/2119(DEC)

Draft opinion
Paragraph 2 a (new)
2 a. Highly recognises the successful adaptation of Eurofound to the difficult conditions created by COVID-19 and the valuable knowledge and analysis provided to policymakers and stakeholders on the changes brought by the pandemic onto the world of work and broader quality of life (i.e. teleworking, platform work, increasing gender inequalities and intergenerational differences, labour shortages, long-term care, industrial relations, etc.)
2022/12/06
Committee: EMPL
Amendment 7 #

2022/2118(DEC)

Draft opinion
Paragraph 3 a (new)
3 a. Notes with concern that the Court reported weaknesses in public procurement procedures; calls on the Authority to further improve its public procurement procedures, ensuring full compliance with the applicable rules, to ensure they achieve the best possible value for money;
2022/12/06
Committee: EMPL
Amendment 4 #

2022/2116(DEC)

Draft opinion
Paragraph 2
2. Appreciates the Foundation’s activities in helping transition and developingEU neighbourhood countries harness the potential of their human capital through the reform of education, training, and labour market systems, in the context of the Union’s external relations policies;
2022/12/06
Committee: EMPL
Amendment 8 #

2022/2108(DEC)

Draft opinion
Paragraph 4
4. Is worried about the fact that the Court reported that the Authority has not yet adopted an appropriate risk management and control strategy, nor a charter of the authorizing officer or a charter of the authorizing officers by sub- delegation, or a charter of the accountant; notes that these gaps hinder the implementation of Authority’s internal control framework; notes that following the Court’ audit, the Authority finalized the risk assessment process.
2022/12/06
Committee: EMPL
Amendment 11 #

2022/2108(DEC)

5 a. Notes with concern that the Court reported weaknesses in public procurement procedures; calls on the Authority to further improve its public procurement procedures, ensuring full compliance with the applicable rules, to ensure they achieve the best possible value for money;
2022/12/06
Committee: EMPL
Amendment 12 #

2022/2108(DEC)

Draft opinion
Paragraph 6
6. Is worried about the fact that the Court reported that the lack of formalized procedures based on direct evidence in relation to training activities in 2021; welcomes, however, the Authority's acknowledgement of the need to set up the appropriate structure internally, and to introduce formalised procedures based on direct evidence to ensure that management directives are carried out and that financial actors take the necessary actions to address risks of not achieving the entity's objectives;
2022/12/06
Committee: EMPL
Amendment 7 #

2022/2095(DEC)

Draft opinion
Paragraph 4
4. Is worried about the fact that the Court has reported weaknesses in the Centre’s recruitment procedures and paymentbudgetary management – with particular regard to ex-ante controls;
2022/12/06
Committee: EMPL
Amendment 8 #

2022/2095(DEC)

Draft opinion
Paragraph 4 a (new)
4 a. Notes with concern that the Court has report weaknesses in management and control systems other than those concerning procurements or recruitments, including potential cases of conflict of interest, missing ex-ante/ex-post controls, inadequate management of budgetary and legal commitments, and failures to report issues in the register of exceptions;
2022/12/06
Committee: EMPL
Amendment 4 #

2022/2081(DEC)

Draft opinion
Paragraph 4
4. Expresses satisfaction that the biggest part of the Union budget went to the policy objective ‘cohesion, resilience and values’.; welcomes that the second biggest budget was ‘natural resources and environment’;
2022/12/06
Committee: EMPL
Amendment 6 #

2022/2081(DEC)

Draft opinion
Paragraph 5
5. NIs worried that the overall level of errors in spending from the EU budget increased to 3.0 % in 2021, compared to 2.7% in 2020; in particular, notes with concern that the estimated overall level of error in subheading 2a ‘Economic, social and territorial cohesion’ stood at 4.1% in 2021; this figure is still largely above the 2 % materiality threshold; calls for urgent action to decrease the error rate in the future, and especially for the new funding period;
2022/12/06
Committee: EMPL
Amendment 4 #

2022/2061(INI)

Motion for a resolution
Citation 8 a (new)
— having regard to the first EBA thematic review on the transparency and level of fees and charges for retail banking products in the EU, published on 14 December 2022,
2023/02/20
Committee: ECON
Amendment 6 #

2022/2061(INI)

Motion for a resolution
Citation 8 b (new)
— having regard to the outcome of the EBA 2022 transparency exercise, published on 9 December 2022,
2023/02/20
Committee: ECON
Amendment 29 #

2022/2061(INI)

Motion for a resolution
Recital A a (new)
A a. whereas a political agreement was reached in 2020, a backstop to the single resolution fund (SRF) is still missing;
2023/02/20
Committee: ECON
Amendment 41 #

2022/2061(INI)

Motion for a resolution
Recital D a (new)
D a. whereas the ‘too big to fail’ issue remains insufficiently addressed, despite the commitment made in the aftermath of the great financial crisis;
2023/02/20
Committee: ECON
Amendment 58 #

2022/2061(INI)

Motion for a resolution
Recital H
H. whereas the finalisation of the aAnti- money laundering (AML) package should strengthen AML rules and ensure a consistent and effective implementation of these rules including by the establishment of an EU supervisory authority for AML purposes;
2023/02/20
Committee: ECON
Amendment 91 #

2022/2061(INI)

1. Condemns in the strongest possible terms the Russian aggression against Ukraine and its devastating impact on the Ukrainian people; nNotes that the Russian invasion has also had social, economic and financial consequences for the EU, including exacerbating inflation trends; nNotes that banks’ direct exposures to Russia and Ukraine are limited, but that the banking sector may be affected by indirect impactight be affected by indirect impacts; calls on the ECB and national competent authorities to monitor the developments related to the war in Ukraine, in particular their ramifications on EU financial institutions; notes that banks’ exposures to energy-intensive corporates and energy derivatives have increased following the spike of energy prices; stresses that banks face increased counterparty risk exposures due to increased margin calls for banks acting as clearing members for their clients; highlights that banks should strengthen their resilience to macroeconomic and financial shocks; calls on the ECB and the national competent authorities to adopt appropriate supervisory measures to prevent the energy crisis to lead to a financial crisis;
2023/02/20
Committee: ECON
Amendment 99 #

2022/2061(INI)

Motion for a resolution
Paragraph 2
2. Notes that the banking sector, in conjunction with public support measures, has acted as a shock absorber for the economic crisis triggered by the COVID- 19 pandemic; acknowledges that strengthening the prudential requirements implemented after 2008 has improved the EU banking sector’s resilience; notes that the temporary suspension of dividend distribution and share buy back was effective in safeguarding banks’ resilience during the COVID-19 crisis; deplores that this tool has not been consistently applied by other financial institutions despite similar recommendations made by other sectoral supervisors; calls on co- legislators to introduce a legally binding suspension of dividends and buy back in times of crisis as part of the on-going review of CRR and Solvency 2;
2023/02/20
Committee: ECON
Amendment 109 #

2022/2061(INI)

Motion for a resolution
Paragraph 3
3. Stresses that the EU should fairly and fully implement the Basel III reform in a timely manner; deplores that many deviations from the international agreement have been introduced in the Council general approach, as highlighted by the EBA and the ECB in their joint statement of 4 November 2022; recalls that EU banks specificities were already taken into account in the calibration of Basel capital requirements; considers that any recognition of EU banks’ specificities should be limited to what is strictly necessary and not already reflected in the international framework;
2023/02/20
Committee: ECON
Amendment 118 #

2022/2061(INI)

Motion for a resolution
Paragraph 4
4. Notes that the ECB has decided to raise its maIs concerned by the high level of inflation standing at 8.4% in 2022; notes that in reaction to this inflation surge the ECB has embarked on its sharpest-ever increase in interest rates from 0 % to 23 % for the main refinancing operation rate; emphasises that the current bout of inflation is widely recognised as a supply- side phenomenon, making monetary policy tools unsuited to drive down inflation; stresses that higher interest rates might dis-incentivise the necessary investments to make the EU a carbon- neutral economy by 2050, as enshrined in the EU Climate law;
2023/02/20
Committee: ECON
Amendment 130 #

2022/2061(INI)

Motion for a resolution
Paragraph 5
5. Welcomes the climate stress test conducted by the SSM in 2022 and takes note of the targets set for 2024; welcomes the follow-up actions already adopted by the SSM, including the issuance of good practices, which contribute to sharing of information and disseminating knowledge across the banking sector; calls on SSM to set pillar 2 requirements for banks that would not comply with the recommendation issued as part of the stress test exercise;
2023/02/20
Committee: ECON
Amendment 134 #

2022/2061(INI)

Motion for a resolution
Paragraph 5 a (new)
5 a. Welcomes the adoption of the EBA binding standards and common templates for banks’ disclosures on ESG risks; considers that these disclosures would enhance stakeholders’ information regarding institutions’ exposures to ESG risks and their strategies to address them and therefore contribute to close the data gap on ESG risks;
2023/02/20
Committee: ECON
Amendment 135 #

2022/2061(INI)

Motion for a resolution
Paragraph 5 b (new)
5 b. Welcomes the adoption of the Corporate Sustainability Reporting Directive as a way to ensure consistency, comparability and reliability of sustainability information across the financial and non-financial sector;
2023/02/20
Committee: ECON
Amendment 136 #

2022/2061(INI)

Motion for a resolution
Paragraph 5 c (new)
5 c. Calls for the swift adoption of the Corporate Sustainability Due Diligence Directive (CSDDD); stresses that financial institutions should be included in the scope; highlights that effective and dissuasive sanctions should be implemented for corporates violating CSDDD provisions;
2023/02/20
Committee: ECON
Amendment 152 #

2022/2061(INI)

Motion for a resolution
Paragraph 7
7. UWelcomes that Croatia became the 20th Member State to join the euro area; urges the EU Member States who are not yet part of the BU to take steps towards joining it; stresses that any accession of new Member States to the euro area should be conditional on the presence of a robust and effective anti-money laundering framework in the Member State concerned;
2023/02/20
Committee: ECON
Amendment 158 #

2022/2061(INI)

Motion for a resolution
Paragraph 8
8. Encourages banks to take advantage of the opportunities offered by the digitalisation of the economy, while maintaining a high level of consumer and investor protection; deplores that the level of charges and fees collected by financial institutions vary greatly across the EU but also across financial institutions within the same Member State, hampering the comparability between providers and damaging consumer interests; urges the Commission to address this issue, including by proposing an inducement ban as part of its upcoming Retail Investors Strategy;
2023/02/20
Committee: ECON
Amendment 163 #

2022/2061(INI)

Motion for a resolution
Paragraph 8 a (new)
8 a. Regrets the failure of financial institutions to ensure gender-balance, especially in their management bodies; calls on supervisory authorities to make use of their supervisory powers to address lack of diversity and gender-balance in the management bodies of financial institutions;
2023/02/20
Committee: ECON
Amendment 167 #

2022/2061(INI)

Motion for a resolution
Paragraph 8 b (new)
8 b. Stresses that EU financial bodies shall respect gender-balance; deeply deplores that neither the ECB governing Council, nor the Supervisory Board of the ECB or the SRB Board are gender- balanced; reiterates the Parliament’s commitment not to take into account lists of candidates where the gender balance principle has not been respected;
2023/02/20
Committee: ECON
Amendment 173 #

2022/2061(INI)

Motion for a resolution
Paragraph 9
9. Notes that since the beginning of 2022, the Common Equity Tier 1 ratio of SSM banks has decreased to 14.96 % and the liquidity coverage ratio has also decreased to 164.36 %5 ; welcomes that the stock of non-performing loans in banks’ balance sheets has continued to decrease; underlines that banks should keep sufficient capital and liquid assets on hand to cope with the economic repercussions of the Russian war; but is concerned by the asset quality deterioration due to the raising interest rates; notes that stage 2 loans have increased to 9.5% of banks’ total loans, the highest level since 2018; stresses that the vulnerabilities are building up in some market segments, including in the real estate sector; underlines that banks should keep sufficient capital and liquid assets on hand to cope with the economic repercussions of the Russian war; stresses that banks should address persistent vulnerabilities in their internal governance, including by ensuring a diversity of competences, background and gender-balanced in their management bodies; _________________ 5 ECB, ‘Publication of supervisory data’, accessed 15 December 2022.
2023/02/20
Committee: ECON
Amendment 181 #

2022/2061(INI)

Motion for a resolution
Paragraph 10
10. Notes that the banking sector’s profitability has increased over the past year; deplores that part of these profits come from the risk-free profits accumulated by banks by taking advantage of the increased deposit rate;
2023/02/20
Committee: ECON
Amendment 209 #

2022/2061(INI)

12. Highlights that banks have a crucial role to play in enabling the transition towards a sustainable economy; calls for environmental, social and governance (ESG) risks to be included in the prudential framework; notes that financial institutions feed a vicious circle, enabling climate change by financing fossil fuel related activities despite the recognition that climate change poses a major threat to financial stability; calls therefore on co-legislators to seize the opportunity of the current review of CRR and CRD to fully reflect the higher risks posed by fossil fuel exposures and other stranded assets in the banking prudential framework, including by ensuring that for each euro that a bank invests in new fossil fuel projects, it should have one euro of its own funds to cover potential losses;
2023/02/20
Committee: ECON
Amendment 216 #

2022/2061(INI)

Motion for a resolution
Paragraph 13
13. Recalls that as part of its ‘strategy for financing the transition to a sustainable economy’, the Commission pledged to ‘take action to ensure the inclusion of relevant ESG factors in credit ratings’; urges the Commission to submit to the European Parliament and the Council a legislative proposal on ESG ratings as soon as possible in order to reach an inter-institutional agreement as part of this legislature;
2023/02/20
Committee: ECON
Amendment 219 #

2022/2061(INI)

Motion for a resolution
Paragraph 14
14. Stresses the link between AML and prudential risks; uUrges prudential supervisors to fully take into account AML risks in their supervisory activities and to coordinate with AML authorities and authorities countering the financing of terrorism; calls for the co-legislators to swiftly agree on the AML package, including the creation of a new AML authority; highlights that the establishment of an AML Authority is an unique opportunity to improve and simplify the coordination and exchange of information between prudential supervisors and AML authorities; calls on the upcoming AML authority and the ECB to conclude a Memorandum of Understanding defining the modalities of cooperation between them; considers that the procedure to establish the EU list of high-risk third countries should be enhanced, including by involving the AML Authority in the process to protect the integrity of the EU financial sector;
2023/02/20
Committee: ECON
Amendment 221 #

2022/2061(INI)

Motion for a resolution
Paragraph 14 a (new)
14 a. Calls on the Commission to ensure that all existing AML rules are applied; takes note of the opening of infringement procedures against Member States that do not correctly apply AMLD V; stresses the need for better coordination of law enforcement across Europe and calls for the establishment of a European Criminal Office as the next step in the fight against organised crime and money laundering;
2023/02/20
Committee: ECON
Amendment 225 #

2022/2061(INI)

Motion for a resolution
Paragraph 15
15. StressesIs concerned by the risks stemming from banks’ exposures to the shadow- banking sector; underlines the systemic risks resulting from interconnections and complexity, underpinning the ‘too big to fail problem’; stresses the need to enhance the resilience of non-bank financial intermediaries, including by elaborate specific regulatory and supervisory tools to prevent a liquidity crisis;
2023/02/20
Committee: ECON
Amendment 234 #

2022/2061(INI)

Motion for a resolution
Paragraph 16
16. Notes that crypto-assets create new challenges for banks; welcomes the forthcoming adoption of the regulation on markets in Crypto-assets in this regard; calls on the Commission to do further work on the areas not addressed by the MiCA Regulation, such as decentralised finance, crypto lending activities, crypto conglomerates and non fungible tokens, and present new legislative proposals as soon as possible; calls on co-legislators to implement the prudential treatment of banks’ exposures to crypto-assets adopted by the BCBS on 16 December 2022 as part of the current review of the CRR;
2023/02/20
Committee: ECON
Amendment 248 #

2022/2061(INI)

Motion for a resolution
Paragraph 18
18. WPoints out that for resolution plans to be fully compliant with the legal requirements, the resolution plans shall include a comprehensive assessment on each bank’s resolvability, including as to whether substantive impediments to resolvability exist and how those impediments can be removed; welcomes the publication of the resolvability heat map; cCalls on the SRB to further improve the transparency of its decisions;
2023/02/20
Committee: ECON
Amendment 259 #

2022/2061(INI)

Motion for a resolution
Paragraph 20
20. Points out the need to address the 20. loopholes identified in the resolution framework; asks that the public interest assessment be further specified and harmonised; calls for greater harmonisation of the treatment of small and medium-size banks; stresses that the resolution framework and State aid rules should be consistent and emphasises that a broadened application of resolution tools by the SRB must be accompanied by access to appropriate financial resources; stresses that the resolution framework and State aid rules should be consistent; stresses that the review of the Banking Communication is long overdue, as it has been issued before the entry into force of the BRRD and urges the Commission to revise it as part of the CMDI Review to ensure consistency between both frameworks;
2023/02/20
Committee: ECON
Amendment 267 #

2022/2061(INI)

Motion for a resolution
Paragraph 21
21. Calls on the Commission to put forward an ambitious and comprehensive review of the crisis management and deposit insurance (CMDI) framework; recalls that protecting taxpayer money is one of the main objectives of the resolution framework; stresses that a credible and well-functioning resolution regime is of paramount importance to ensure financial stability in an uncertain macroeconomic context; considers that the CMDI Review is a necessary but insufficient step to complete the Banking Union, and that this review should pave the way toward the establishment of EDIS;
2023/02/20
Committee: ECON
Amendment 272 #

2022/2061(INI)

Motion for a resolution
Paragraph 21 a (new)
21 a. Regrets that despite the political agreement in November 2020 on an early introduction, the backstop to the Single Resolution Fund (SRF) has not entered into application yet due to the delays in the ratification process of the ESM Treaty; stresses the importance of the SRF for ensuring a robust and credible crisis management framework;
2023/02/20
Committee: ECON
Amendment 273 #

2022/2061(INI)

Motion for a resolution
Paragraph 21 b (new)
21 b. Recalls that banks need to continue to meet their obligations and perform their key functions after the implementation of a resolution decision; is concerned that banks might face liquidity stress in resolution immediately after regaining market access; calls on EU institutions to find an agreement on establishing a credible and sufficiently sizeable liquidity provision mechanism of last resort to provide confidence and enhance predictability;
2023/02/20
Committee: ECON
Amendment 284 #

2022/2061(INI)

Motion for a resolution
Paragraph 23
23. Regrets that the BU is still incomplete owing to the absence of an EDIS; recognises that the EDIS would improve protection for depositors in the EU, wherever their bank is located; recalls that the EDIS is the most tangible element of the BU for EU citizens; considers that the EDIS would provide an additional safeguard to host Member States and could therefore contribute to addressing home/host issues;
2023/02/20
Committee: ECON
Amendment 309 #

2022/2061(INI)

Motion for a resolution
Paragraph 26
26. Welcomes the statement by the negotiation team announcing the reopening of discussions on the EDIS at Parliament; calls for the co-legislators to reach an agreement on the file before the end of the legislative period; recalls that the ultimate goal remains to have a fully-fledged EDIS that provides loss-coverage;
2023/02/20
Committee: ECON
Amendment 78 #

2022/0400(COD)

Proposal for a directive
Recital 1
(1) The Treaties and the Charter of Fundamental Rights of the European Union recognise the right to equality and the right to non-discrimination as essential values of the Union57 , and the Union has already adopted several Directives on the prohibition of discrimination, but it still has to adopt a horizontal Directive outside the field of employment and occupation covering all protected grounds. _________________ 57 Articles 2 and 3 of the Treaty on European Union (‘TEU’), Articles 8 and 10 of the Treaty on the Functioning of the European Union (‘TFEU’), and Articles 21, 23 and 26 of the Charter.
2023/09/08
Committee: EMPLFEMM
Amendment 79 #

2022/0400(COD)

Proposal for a directive
Recital 1 a (new)
(1a) The Court of Justice has held that the scope of the principle of equal treatment for men and women cannot be confined to the prohibition of discrimination based on the fact that a person is of one or other sex. In view of its purpose and the nature of the rights which it seeks to safeguard, it also applies to discrimination arising from the gender identity, gender expression, or sex characteristics of a person.
2023/09/08
Committee: EMPLFEMM
Amendment 89 #

2022/0400(COD)

Proposal for a directive
Recital 6
(6) Directives 2006/54/EC and 2010/41/EU require Member States to designate one or more bodies for the promotion of equal treatment, including the analysis, monitoring and support of equal treatment of all persons without discrimination on the grounds covered by the respective Directives (hereinafter ‘equality bodies’). They require Member States to ensure that the competences of these bodies include providing independent assistance to victims, conducting independent surveys concerning discrimination, publishing independent reports and making recommendations on any issue relating to such discrimination. They also require Member States to ensure that the tasks of these bodies include the exchange of information with corresponding European bodies, such as the European Institute for Gender Equality and the European Agency for Fundamental Rights.
2023/09/08
Committee: EMPLFEMM
Amendment 94 #

2022/0400(COD)

Proposal for a directive
Recital 9
(9) Directives 2006/54/EC and 2010/41/EU leave a wide margin of discretion to Member States as regards the structure and functioning of equality bodies. This results in significant differences between the equality bodies established in the Member States, in terms of the bodies' mandates, competences, structures, resources and operational functioning. This, in turn, means that protection against discrimination differs from one Member State to another, resulting in unequal protection of victims of discrimination across the EU and an inadequate implementation of the EU’s equal treatment legislation. In view to ensure a holistic, effective and comprehensive protection against discrimination, Member States should promote, encourage and fund equality bodies to cover all grounds of discrimination in accordance with the open-ended clause of Article 21 of the Charter.
2023/09/08
Committee: EMPLFEMM
Amendment 98 #

2022/0400(COD)

Proposal for a directive
Recital 12
(12) This Directive should apply to equality bodies’ action as regards the matters covered by Directives 2006/54/EC and 2010/41/EU. The standards should only concern the functioning of equality bodies and should not extend the material or personal scope of those Directives. In a number of Member States, as a good practice and following the broad interpretation by the CJEU of the ground of ‘sex’, equality bodies also have competence for promoting equality and tackling discrimination on the grounds of gender identity and expression and sex characteristics1a. However, that is not the case in all Member States, which leads to differing levels of protection against discrimination as regards the matters covered by those Directives across the Union. _________________ 1a https://www.rainbow-europe.org/#1/0/0
2023/09/08
Committee: EMPLFEMM
Amendment 104 #

2022/0400(COD)

Proposal for a directive
Recital 14
(14) The proposed Directive to strengthen the application of the principle of equal pay for equal work or work of equal value between men and women through pay transparency and enforcement mechanisms69 should be considered lex specialis to the enforcement provisions of Directive 2006/54/EC that will be replaced by this Directive. Any higher minimum standards established by the future Directive on Pay Transparency for equality bodies in matters relating to equal pay for the same work or work of equal value, including in pay transparency, as compared to those set out in this Directive, should prevail over those set out in this Directive. _________________ 69 Proposal for a Directive of the European Parliament and of the Council to strengthen the application of the principle of equal pay for equal work or work of equal value between men and women through pay transparency and enforcement mechanisms (COM/2021/93 final).
2023/09/08
Committee: EMPLFEMM
Amendment 105 #

2022/0400(COD)

(15) In promoting equal treatment, preventing discrimination and assisting victims of discrimination, equality bodies should pay particular attention to intersectional discrimination based on the combination of several of the grounds protected by Directives 79/7/EEC, 2000/43/EC, 2000/78/EC, 2004/113/EC, 2006/54/EC and 2010/41/EU, as well as in the Charter, acknowledging that discrimination often affects persons on more than one ground, and this creates specific disadvantage. Incorporating an intersectional approach is key to understanding social inequalities, exclusion and discrimination from a comprehensive, systemic or structural perspective, while overcoming a single- axis approach to discrimination, which downplays its institutional and historical dimensions. Equality bodies should ensure a clear and appropriate focus on each of the grounds covered and on the intersections between them.
2023/09/08
Committee: EMPLFEMM
Amendment 115 #

2022/0400(COD)

Proposal for a directive
Recital 16
(16) Equality bodies can only effectively play their role if they are able to act with complete independence without being subject to any external influence. For that purpose, Member States should take into account a number of criteria that contribute to ensure the independence of equality bodies. Equality bodies should not be set up as part of a ministry or body taking instructions directly from the government. Any staff member or person holding a managerial position – for example as member of a board managing the equality body, head of the equality body, deputy or in case of interim – should be independent, qualified for their position, and selected through a transparent process. Equality bodies should be able to decide their internal structure and how to manage their own budget and resources, including by selecting and managing their own staff, and be able to set their own priorities.
2023/09/08
Committee: EMPLFEMM
Amendment 119 #

2022/0400(COD)

Proposal for a directive
Recital 17
(17) To ensure that equality bodies can exercise all their competences and fulfil all their tasks, Member States should ensure that the internal structure of equality bodiesthey should determine their structure in a way that allows the independent exercise of their various competences. Particular attention should be paid to situations where bodies are required both to be impartial and to offer support to victims. This is particularly relevant where the equality body holds binding decision- making powers requiring impartiality or is part of a multi-mandate body where another mandate requires impartiality. An internal structure ensuring a strict separation between the relevant competences and tasks should guarantee that the equality body can effectively exercise them.
2023/09/08
Committee: EMPLFEMM
Amendment 125 #

2022/0400(COD)

Proposal for a directive
Recital 18
(18) The lack of appropriate resources is a key issue hampering the ability of equality bodies to adequately fulfil their tasks. Therefore, Member States should ensure that equality bodies receive sufficient funding, can hire qualified staff and have appropriate premises and infrastructure to carry out each of their tasks effectively, within reasonable time and within the deadlines established by national law. Their budgetary allocation should be stable, except in case of increase in competences, planned on a multi-annual basis, and allow them to cover costs that may be difficult to anticipate such as costs linked to litigation. To ensure that equality bodies are provided with sufficient resources, their budget should for instance not be any arbitrary or disproportionate reduction in the budget of the equality bodies not suffer cuts that are significantly higher than the average cuts to other public entities; similarly, and their annual growth should at least be pegged to the average growth in funding to other entities. Resources should increase proportionally if equality bodies’ tasks and mandate are expanded.
2023/09/08
Committee: EMPLFEMM
Amendment 130 #

2022/0400(COD)

Proposal for a directive
Recital 19
(19) Automated systems, including artificial intelligence, represent a useful tool to identify discrimination patterns, but algorithmic discrimination is also a riskcan lead to algorithmic discrimination which risks perpetuating and exacerbating existing inequalities, discrimination, exclusion and poverty. Equality bodies should therefore have access tobe equipped with qualified staff or services, able to usenderstand how automated systems for their work on the one hand and towork and can lead to algorithmic discrimination, assess them as regards their compliance with non- discrimination rules on the other hand. Particular attention should be devoted to equipping equality bodies with appropriate digital resources, be it directly or by way of subcontractingand provide solutions aiming to address algorithmic discrimination, prevent its potential consequences on individuals and provide support to victims of this form of discrimination. Particular attention should be devoted to equipping equality bodies with appropriate digital resources, be it directly or by way of subcontracting. Equality bodies should also ensure that automated systems comply with accessibility requirements for persons with disabilities in accordance with Annex I of Directive (EU) 2019/882.
2023/09/08
Committee: EMPLFEMM
Amendment 136 #

2022/0400(COD)

Proposal for a directive
Recital 20
(20) Equality bodies, alongside other actors, such as social partners and civil society organisations, have a key role to play in the prevention of discrimination and the promotion of equality. To address the structural aspects of discrimination and to contribute to social change, they should promote equality duties, good practices, positive action and equality mainstreaming among public and private entities, and provide them with relevant training, information, advice, guidance and support. They should communicate with public and private entities and groups at risks of discrimination and engage in public debate in order to combat stereotypes and raise awareness about diversity and its benefits, a key pillar of the Union’s equality strategies. Equality bodies should also raise awareness about intersectional discrimination and the importance to apply an intersectional approach when designing policies, programmes, funds and activities.
2023/09/08
Committee: EMPLFEMM
Amendment 144 #

2022/0400(COD)

Proposal for a directive
Recital 21
(21) Beyond prevention, a central task of equality bodies is to provide comprehensive support and assistance to victims of discrimination. This support and assistance should, alwayss minimum, include the provision of key information to complainants and a preliminary assessment of their complaint, bas, including legal advice, advice targeted to the specific needs onf the initialvictims, and information gathered from the parties on a voluntary basis. Member States should be in charge of defining the modalitconcerning procedural aspects, including remedies uander which the equality body would issue this assessment, such as the timeframe of the process or procedural safeguards against repetitive or abusive complaints how to bring a case to the court.
2023/09/08
Committee: EMPLFEMM
Amendment 150 #

2022/0400(COD)

Proposal for a directive
Recital 22
(22) To ensure that all victims are able to complain, it should be possible to submit complaints in various ways. Member States should also pay due regard to Commission Recommendation 2018/951 uander which make sure that submission of complaints should be possible in a language ofthat the complainant's choosing which is common in the Member State where the equality body is locate can understand. To address one of the causes of underreporting, namely, fear of reprisals, and without prejudice to Directive (EU) 2019/1937 on the protection of persons who report breaches of Union law70 , confidentiality should be offered to witnesses and whistle- blowers, and as far as possible, to complainants. _________________ 70 Directive (EU) 2019/1937 of the European Parliament and of the Council of 23 October 2019 on the protection of persons who report breaches of Union law (OJ L 305, 26.11.2019, p. 17).
2023/09/08
Committee: EMPLFEMM
Amendment 155 #

2022/0400(COD)

Proposal for a directive
Recital 25
(25) Evidence is key in determining whether discrimination has taken place and it is often in the hands of the alleged perpetrator. Equality bodies should therefore be able to access the necessary information to establishdetermine the existence of discrimination and cooperate with the relevant public services – such as labour inspectorates or education inspectorates. Member States should establish an appropriate framework for the exercise of this competence, in accordance with national rules and procedures.
2023/09/08
Committee: EMPLFEMM
Amendment 156 #

2022/0400(COD)

Proposal for a directive
Recital 26
(26) On the basis of the evidence gathered, either voluntarily or through an investigation, equality bodies should be empowered to provide their assessment to the complainant and the alleged perpetrator. Member States should determine the legal value of this assessment that can be a non- binding opinion or a binding enforceable decision. BothIt is up to the equality bodies to decide whether they should issue non-binding opinions or binding enforceable decisions. Both options and decisions should state the reasons for the assessment and include, where necessary, measures to remedy any breach found and to prevent further occurrences. Binding enforceable decisions can include sanctions. To ensure the effectiveness of equality bodies’ work, Member States should adopt appropriate measures for the follow-up of opinions and the enforcement of decisions.
2023/09/08
Committee: EMPLFEMM
Amendment 160 #

2022/0400(COD)

Proposal for a directive
Recital 27
(27) To promote their work and equality law, equality bodies should be able to publish a summary of their opinions and decisions, including a summary of those, without disclosing personal data.
2023/09/08
Committee: EMPLFEMM
Amendment 163 #

2022/0400(COD)

Proposal for a directive
Recital 28
(28) Equality bodies should have the right to act in court proceedings in civil or administrative law matters in order to contribute to ensuring the respect of the principle of equal treatment laid down in Directives 2006/54/EC and 2010/41/EU. While those court proceedings should be subject to national procedural law, including national rules on admissibility of actions, such rules, and in particular any condition of legitimate interest, cannot be applied in a way so as to undermine the effectiveness of the equality bodies’ right to act. The powers of investigation and decision-making and the right to act in court proceedings given to equality bodies by this Directive will facilitate the practical implementation of the current provisions of Directives 2000/43/EC, 2000/78/EC and 2004/113/EC on the burden of proof and defence of rights. Under the conditions provided for in this Directive, equality bodies will be able to establish facts “from which it may be presumed that there has been direct or indirect discrimination”, thereby fulfilling the conditions provided for in Article 89 of Directive 2000/43/EC, Article 10 of Directive 2000/78/EC and Article 9 of Directive 2004/113/EC. Their support will therefore facilitate access to justice for victims.
2023/09/08
Committee: EMPLFEMM
Amendment 166 #

2022/0400(COD)

Proposal for a directive
Recital 30
(30) Some instances of discrimination are difficult to fight because there is no complainant pursuing the case themselves. In its judgment in Case C-54/07 (Feryn)71 , which was brought by an equality body in its own name, the Court of Justice confirmed that discrimination can be establishedoccur even in the absence of an identified victim, for instance in cases of structural or institutional discrimination. It is therefore important that equality bodies can act in their own name, to defend the public interest. _________________ 71 Judgment of 10 July 2008 in Feryn (C- 54/07, ECLI:EU:C:2008:397).
2023/09/08
Committee: EMPLFEMM
Amendment 181 #

2022/0400(COD)

Proposal for a directive
Recital 36
(36) Access to equality bodies’ services and publications on an equal basis for all should be guaranteed. For that purpose, potential barriers to access to equality bodies’ services should be identified and addressed. Services should be free of charge for complainants. Member States should also make sure that the services of equality bodies are available to all potential victims throughout their territory, for example through the establishment of local and regional offices, including mobile ones, the organisation of local campaigns or cooperation with local delegates or civil society organisations.
2023/09/08
Committee: EMPLFEMM
Amendment 187 #

2022/0400(COD)

Proposal for a directive
Recital 38
(38) Enabling equality bodies to regularly coordinate and cooperate at different levels, on a long-term basis, is key for mutual learning, coherence and consistency, and it may broaden the outreach and impact of their work. Equality bodies should cooperate, in particular, with other equality bodies in the same Member State andWhere different equality bodies exist, their competences and powers should be adjusted accordingly and coordination should be ensured to address overlaps, enable joint action and optimise the use of resources Equality bodies should cooperate, as well, with other equality bodies in other Member States – including in the framework of the European Network of Equality Bodies (Equinet) – and with public and private entities at local, regional, national, Union and international level, such as civil society organisations, data protection authorities, trade unions, social partners, labour and education inspectorates, law enforcement bodies, agencies with responsibility at national level for the defence of human rights, authorities managing Union funds, National Roma Contact Points, consumer bodies, and national independent mechanisms for the promotion, protection and monitoring of the UNCRPD. Such cooperation should not involve the exchange of personal data (i.e. equality data in the form that individuals can be identified).
2023/09/08
Committee: EMPLFEMM
Amendment 194 #

2022/0400(COD)

Proposal for a directive
Recital 40
(40) Equality data are crucial for raising awareness, sensitising people, quantifying discrimination, showing trends over time, proving the existence of discrimination, evaluating the implementation of equality legislation, demonstrating the need for positive action, and contributing to evidence-based policymaking75 . Equality bodies have a role to play in contributing to the development of relevant equality data for those purposes, for example by organising regular roundtables gathering all relevant entities. They should also collect and analyse data on their own activities or conduct surveys and should be able to access and make use of statistical information collected by other public or private entities – such as the national statistical offices, national courts, labour and education inspectorates, trade unions or civil society organisations - concerning the matters they are entrusted with under Directives 2006/54/EC and 2010/41/EU. That statistical information should not contain any personal data and it should be made available in an accessible format so that it can be readily used by equality bodies. The work of equality bodies on equality data should take into account existing guidance and resources on equality data, including those developed in the framework of the Subgroup on Equality Data of the EU High Level Group on Non-discrimination, Equality and Diversity. _________________ 75 Report from the Commission to the European Parliament and the Council on the application of Council Directive 2000/43/EC implementing the principle of equal treatment between persons irrespective of racial or ethnic origin (‘the Racial Equality Directive’) and of Council Directive 2000/78/EC establishing a general framework for equal treatment in employment and occupation (‘the Employment Equality Directive’) SWD(2021) 63 final.
2023/09/08
Committee: EMPLFEMM
Amendment 199 #

2022/0400(COD)

Proposal for a directive
Recital 41
(41) In addition to publishing antheir annual report on their activities, equality bodies should regularly publish a reporalso conduct featuring an overall assessment of the situation regarding discrimination falling under their mandate in the Member States. That report should provide information and recommendations for public and private entities and serve as a guide to determine the equality bodies’ priorities for the future. Reports should not contain any personal data.
2023/09/08
Committee: EMPLFEMM
Amendment 200 #

2022/0400(COD)

Proposal for a directive
Recital 42
(42) To determine their vision for the future and identify their organisation's goals and objectives, equality bodies should adopt a multi-annual programme. This should allow them to ensure the coherence of their different strands of work over time and address structural or systemic issues of discrimination falling under their mandate as part of a long-term action plan. The competence and powers attached to all mandates in such institutions should be harmonised and adjusted accordingly so that each mandate should as far as possible enjoy the broadest competences and powers.
2023/09/08
Committee: EMPLFEMM
Amendment 202 #

2022/0400(COD)

Proposal for a directive
Recital 43
(43) In order to assess the effectiveness of this Directive it is necessary to establish a mechanism to monitor its application and, in addition to monitoring compliance, assess its practical effects. The Commission should be in charge of that monitoring and regularly draw updraw up an application report every three years based on information received from Member States and application reportdditional relevant data collected at national and Union level, from equality bodies, other stakeholders, by the European Union Agency for Fundamental Rights and the European Institute for Gender Equality. In order to ensure uniform conditions for the implementation of Member States’ reporting obligations pursuant to Article 16(2) as regards the practical effects of this Directive, implementingdelegated powers should be conferred on the Commission to establish a list of relevant indicators, on the basis of which data should be collected. The report should contain a specific assessment to evaluate the independent functioning of equality bodies and it should be possible to submit complaints of interferences to the European Commission. This monitoring should not involve the processing of personal data.
2023/09/08
Committee: EMPLFEMM
Amendment 212 #

2022/0400(COD)

Proposal for a directive
Article 1 – paragraph 1
1. This Directive lays down minimum requirements for the functioning of equality bodies to improve their effectiveness and guarantee their both de jure and de facto independence in order to strengthen the application of the principle of equal treatment as derived from Directives 2006/54/EC and 2010/41/EU.
2023/09/08
Committee: EMPLFEMM
Amendment 220 #

2022/0400(COD)

Proposal for a directive
Article 2 – title
Designation and structure of equality bodies
2023/09/08
Committee: EMPLFEMM
Amendment 221 #

2022/0400(COD)

Proposal for a directive
Article 2 – paragraph 1 a (new)
Equality bodies can cover single or multiple grounds. In the case of a multi- ground equality body, it is necessary to ensure a clear and appropriate focus on each of the grounds. The competence and powers attached to all mandates in such institution shall be harmonised and adjusted so that each mandate shall as far as possible enjoy the broadest competences and powers;
2023/09/08
Committee: EMPLFEMM
Amendment 223 #

2022/0400(COD)

Proposal for a directive
Article 2 – paragraph 2 a (new)
Equality bodies shall ensure gender parity in leadership and senior management positions and are encouraged to reflect the diversity of society at large.
2023/09/08
Committee: EMPLFEMM
Amendment 225 #

2022/0400(COD)

Proposal for a directive
Article 2 a (new)
Article2a Definitions 1. For the purposes of this Directive, the following definitions apply: Structural and systemic discrimination refers to rules, norms, routines, patterns of attitudes and behaviour in institutions and other societal structures that, consciously or unconsciously, present obstacles to groups or individuals in accessing the same rights and opportunities as others and that contribute to less favourable outcomes for them than for the majority of the population; Intersectional discrimination refers to the situation where discrimination takes place on the basis of two or more grounds protected by Directives 79/7/EEC, 2000/43/EC, 2000/78/EC, 2004/113/EC, 2006/54/EC and 2010/41/EU, which operate and interact with each other at the same time in such a way as to be inseparable, producing distinct and specific forms of discrimination
2023/09/08
Committee: EMPLFEMM
Amendment 228 #

2022/0400(COD)

Proposal for a directive
Article 3 – paragraph 1
1. Member States shall take measures to ensure that equality bodies are fully independent, autonomous and free from external influence in performing their tasks, deciding on their objectives, actions and exercising their competences, in particular as regards their legal structure, accountability, budget, staffing, and organisational matters.
2023/09/08
Committee: EMPLFEMM
Amendment 232 #

2022/0400(COD)

Proposal for a directive
Article 3 – paragraph 1 a (new)
1a. Member States shall ensure that equality bodies are not set up within a ministry, a government body or a body taking instructions from the government in order to preserve their nature as independent bodies.
2023/09/08
Committee: EMPLFEMM
Amendment 237 #

2022/0400(COD)

Proposal for a directive
Article 3 – paragraph 2
2. Member States shall provide for transparent rules and safeguards concerning the selection, appointment, revocation and potential conflict of interest of the staff and board members of equality bodies, in particular persons holding a managerial position and ensure transparent, competency-based and participatory procedures without any external influence, in order to guarantee their competence and independence.
2023/09/08
Committee: EMPLFEMM
Amendment 242 #

2022/0400(COD)

Proposal for a directive
Article 3 – paragraph 3
3. Member States shall ensure that appropriate safeguards are in place, in particular in the internal structure of equality bodies, to guarantee the independent exercise of their competences, notably where some require impartiality and others focus on support to victims, while allowing for cooperation and coordination among mandates and shared staff in view of promoting coherence and efficiency.
2023/09/08
Committee: EMPLFEMM
Amendment 249 #

2022/0400(COD)

Proposal for a directive
Article 3 – paragraph 4 a (new)
4a. Equality Bodies shall have the right to make public statements and produce and publish research, recommendations and reports without prior permission from, approval or notification to government or any institution or external party
2023/09/08
Committee: EMPLFEMM
Amendment 253 #

2022/0400(COD)

Proposal for a directive
Article 4 – paragraph 1
1. Member States shall ensure that each equality body is provided with the human, technical and financial resources necessary to perform all its tasks and to exercise all its competences effectively and with real impact, on all the grounds and in all fields covered by Directives 2006/54/EC and 2010/41/EU including in the event of increases in competences, increases in complaints, litigation costs and the use of automated systems.
2023/09/08
Committee: EMPLFEMM
Amendment 256 #

2022/0400(COD)

Proposal for a directive
Article 4 – paragraph 1 a (new)
1a. Member States shall ensure that in the event of increases in competences, increases in complaints, litigation costs and qualified staff, services and digital resources needed for the use of automated systems, equality bodies are equipped with a necessary increase in their budget. There may not be any arbitrary or disproportionate reduction in the budget of the equality bodies.
2023/09/08
Committee: EMPLFEMM
Amendment 264 #

2022/0400(COD)

Proposal for a directive
Article 5 – paragraph 1 – point a
(a) adopt a strategy to raise awareness of the general population, throughout their territory, with particular attention to individuals and groups at risk of discrimination, on the rights under Directives 2006/54/EC and 2010/41/EU and on the existencethe capacity to exercise them and on the existence and competences of equality bodies and their services;
2023/09/08
Committee: EMPLFEMM
Amendment 267 #

2022/0400(COD)

Proposal for a directive
Article 5 – paragraph 1 – point b
(b) ensure that equality bodies engage in the prevention of discrimination and in the promotion of equal treatment, and adopt a strategy defining how they will engage in public dialogue, communicate with individuals and groups at risk of discrimination, provide training and guidance, and promote equality duties, equality mainstreaming and positive action among public and private entities.
2023/09/08
Committee: EMPLFEMM
Amendment 273 #

2022/0400(COD)

Proposal for a directive
Article 5 – paragraph 1 – point b a (new)
(ba) ensure that equality bodies adopt a strategy defining how they will engage in public dialogue, cooperate and communicate with individuals and groups at risk of discrimination and with civil society organisations and social partners working on gender equality and non- discrimination.
2023/09/08
Committee: EMPLFEMM
Amendment 274 #

2022/0400(COD)

Proposal for a directive
Article 5 – paragraph 1 – point b b (new)
(bb) ensure that equality bodies are able to provide information, advice, training, support and guidance to individuals, and institutions in the public and private sector on good practices for promoting and achieving equality and preventing discrimination.
2023/09/08
Committee: EMPLFEMM
Amendment 275 #

2022/0400(COD)

Proposal for a directive
Article 5 – paragraph 1 – point b c (new)
(bc) ensure that equality bodies are able to promote and support the implementation of equality duties, equality mainstreaming and positive action among public and private entities.
2023/09/08
Committee: EMPLFEMM
Amendment 276 #

2022/0400(COD)

Proposal for a directive
Article 5 – paragraph 1 – point b d (new)
(bd) ensure that equality bodies are able to carry out research on discrimination, including structural or systemic discrimination, as well as online discrimination, including biases and algorithmic discrimination.
2023/09/08
Committee: EMPLFEMM
Amendment 282 #

2022/0400(COD)

Proposal for a directive
Article 5 – paragraph 2
In doing so, Member States and equality bodies shall take into consideration the most appropriate communication tools and formats for each target group. They shall focus in particular on disadvantaged groups whose access to information can be hindered, for example by their economic status, age, disability, literacy, nationality, residence status or their lack of access to online tools.
2023/09/08
Committee: EMPLFEMM
Amendment 284 #

2022/0400(COD)

Proposal for a directive
Article 6 – title
Asupport and assistance to victims
2023/09/08
Committee: EMPLFEMM
Amendment 286 #

2022/0400(COD)

Proposal for a directive
Article 6 – paragraph 1
1. Member States shall ensure that equality bodies are able to provide support and assistance to victims as set out in paragraphs 2 to 4in accordance with this Directive.
2023/09/08
Committee: EMPLFEMM
Amendment 291 #

2022/0400(COD)

Proposal for a directive
Article 6 – paragraph 3 – subparagraph 1
Equality bodies shall provide support and assistance to victims, initially by informing them on the legal framework, includingcluding legal advice and information about the legal framework, particularly to issue a complaint, advice targeted to their specific situation and needs of the victims, on the services offered by the equality body and related procedural aspects, as well as on available remedies, including the possibility to pursue a case in court.
2023/09/08
Committee: EMPLFEMM
Amendment 295 #

2022/0400(COD)

Proposal for a directive
Article 6 – paragraph 3 – subparagraph 2
Equality bodies shall also inform victims about the confidentiality rules applicable, on the protection of personal data and on the possibilities to obtain psychological or other types of relevant support from other bodies or organisations.
2023/09/08
Committee: EMPLFEMM
Amendment 297 #

2022/0400(COD)

Proposal for a directive
Article 6 – paragraph 4 – subparagraph 1
Equality bodies shall issue a preliminary assessment of a complaint based on information voluntarily submitted by the parties involved. Member States shall define the precise modalities under which the equality body will issue such preliminary assessment.deleted
2023/09/08
Committee: EMPLFEMM
Amendment 300 #

2022/0400(COD)

Proposal for a directive
Article 6 – paragraph 4 – subparagraph 2
Equality bodies shall inform the complainants of their preliminary assessment and whether it will close their complaint, and its reasons, or whether there are grounds to pursue it further, including via the procedures laid down in Articles 7, 8 and 9.
2023/09/08
Committee: EMPLFEMM
Amendment 303 #

2022/0400(COD)

Proposal for a directive
Article 7 – title
Amicable settlementslternative Dispute Resolution
2023/09/08
Committee: EMPLFEMM
Amendment 307 #

2022/0400(COD)

Proposal for a directive
Article 7 a (new)
Article7a Investigations 1. Member States shall ensure that equality bodies are empowered to effectively investigate, following a complain or on their own initiative, whether a breach of the principle of equal treatment laid down in Directives 2006/54/EC and 2010/41/EU has occurred and seek to address both individual, institutional and structural discrimination. 2. Member States shall provide for a framework which enables equality bodies to carry out fact-finding. In particular, that framework shall provide equality bodies with effective and obligatory rights to access information which is necessary to establish whether discrimination has occurred. It shall also provide for appropriate mechanisms for equality bodies to cooperate with relevant public bodies such as labour and education inspectorates, for that purpose. 3. Member States shall ensure that equality bodies are provided with powers to obtain evidence and relevant information, including from alleged perpetrators for the purpose of the investigation.
2023/09/08
Committee: EMPLFEMM
Amendment 308 #

2022/0400(COD)

Proposal for a directive
Article 8 – title
Opinions andNon-binding opinions and enforceable decisions
2023/09/08
Committee: EMPLFEMM
Amendment 310 #

2022/0400(COD)

Proposal for a directive
Article 8 – paragraph 1
1. Member States shall ensure that where, following a complaint or on their own initiative, equality bodies consider that the principle of equal treatment laid down in Directives 2006/54/EC and 2010/41/EU may have been breached, those bodies are empowered to further investigate the case.deleted
2023/09/08
Committee: EMPLFEMM
Amendment 312 #

2022/0400(COD)

Proposal for a directive
Article 8 – paragraph 2 – subparagraph 1
Member States shall provide for a framework which enables equality bodies to carry out fact-finding.deleted
2023/09/08
Committee: EMPLFEMM
Amendment 313 #

2022/0400(COD)

Proposal for a directive
Article 8 – paragraph 2 – subparagraph 2
In particular, that framework shall provide equality bodies with effective rights to access information which is necessary to establish whether discrimination has occurred. It shall also provide for appropriate mechanisms for equality bodies to cooperate with relevant public bodies for that purpose.deleted
2023/09/08
Committee: EMPLFEMM
Amendment 316 #

2022/0400(COD)

Proposal for a directive
Article 8 – paragraph 3
3. Member States may also provide that the alleged perpetrator and any third party is legally bound to provide any information and documents requested by equality bodies.deleted
2023/09/08
Committee: EMPLFEMM
Amendment 323 #

2022/0400(COD)

Proposal for a directive
Article 8 – paragraph 4 – subparagraph 1
Member States shall ensure that equality bodies are empowered to record in writing their assessment of the case, including establishing the facts and providing a reasoned conclusion on the existence of discrimination. Member Statas to whether discrimination has occurred. Equality bodies shall determine whether this is to be done by means of non-binding opinions or by means of binding enforceable decisions.
2023/09/08
Committee: EMPLFEMM
Amendment 326 #

2022/0400(COD)

Proposal for a directive
Article 8 – paragraph 4 – subparagraph 2
Where appropriate, opinions andnon-binding opinions and enforceable decisions shall include specific measures to remedy any breach found and to prevent further occurrences. Member States shall ensure that equality bodies are able to establish appropriate mechanisms for follow-up to opinions, such as feedback obligations, and for enforcement of decisions.
2023/09/08
Committee: EMPLFEMM
Amendment 329 #

2022/0400(COD)

Proposal for a directive
Article 8 – paragraph 4 – subparagraph 3 a (new)
Member States shall ensure that national law provides for a right to appeal before the courts against legally binding final decisions issued by the equality body.
2023/09/08
Committee: EMPLFEMM
Amendment 335 #

2022/0400(COD)

Proposal for a directive
Article 9 – paragraph 2 – introductory part
2. The right to act in court proceedings shall at least include:
2023/09/08
Committee: EMPLFEMM
Amendment 336 #

2022/0400(COD)

Proposal for a directive
Article 9 – paragraph 2 – point a
(a) the right of the equality body to act as a party in proceedings on the enforcement or judicial review of a decision taken pursuant to Article 8(4)7, 8;
2023/09/08
Committee: EMPLFEMM
Amendment 342 #

2022/0400(COD)

Proposal for a directive
Article 9 – paragraph 2 – point c
(c) the right of the equality body to initiate or participate in proceedings on behalf or in support of one or several victims; in this case, the approval of the victims shall be necessaryrough collective redress, with the latter’s notification.
2023/09/08
Committee: EMPLFEMM
Amendment 344 #

2022/0400(COD)

Proposal for a directive
Article 9 – paragraph 2 – point c a (new)
(ca) the right to recourse to conciliation procedures where appropriate.
2023/09/08
Committee: EMPLFEMM
Amendment 346 #

2022/0400(COD)

Proposal for a directive
Article 9 – paragraph 2 a (new)
2a. Member States shall ensure that equality bodies have the right to monitor the execution of decisions of institutions, adjudicatory bodies and courts dealing with equality, discrimination and intolerance.
2023/09/08
Committee: EMPLFEMM
Amendment 347 #

2022/0400(COD)

Proposal for a directive
Article 9 – paragraph 2 b (new)
2b. Member States shall ensure that there is a system by which victims do not have to bear court and administrative fees or representation fees, in particular in cases of structural or, institutional discrimination.
2023/09/08
Committee: EMPLFEMM
Amendment 351 #

2022/0400(COD)

Proposal for a directive
Article 9 – paragraph 3
3. Member States shall ensure that the equality body can initiate court proceedings in its own name, in particular in order to address structural and systematic discrimination in cases selected by the equality body because of their abundance, their seriousness or their need for legal clarificationdirectly following the use of investigation powers pursuant to Article 7a, without the need to issue an opinion or a decision prior to initiating proceedings.
2023/09/08
Committee: EMPLFEMM
Amendment 352 #

2022/0400(COD)

Proposal for a directive
Article 9 – paragraph 4
4. Member States shall ensure that, except in cases referred to in paragraphs 2(a) and (b), the equality body does not submit in court proceedings evidence that it has obtained through the exercise of powers pursuant to Article 8(3).deleted
2023/09/08
Committee: EMPLFEMM
Amendment 360 #

2022/0400(COD)

Proposal for a directive
Article 9 – paragraph 5
5. Member States shall ensure that no investigations pursuant to Article 8(2) to (4) are initiated or continued while court proceedings on the same case are pending.deleted
2023/09/08
Committee: EMPLFEMM
Amendment 362 #

2022/0400(COD)

Proposal for a directive
Article 10 – paragraph 1
Member States shall ensure that, in the procedures referred to in Articles 6, 7, 7a, 8 and 9, the rights of defence of natural and legal persons involved are duly protected. Member States shall ensure that equality bodies guarantee confidentiality of witnesses and whistle-blowers, and as far as possible, of complainants.
2023/09/08
Committee: EMPLFEMM
Amendment 368 #

2022/0400(COD)

Proposal for a directive
Article 11 – paragraph 2
2. Member States shall ensure that equality bodies provide all their services at no cost to complainants, throughout their territory with the establishment of local and regional offices, including in rural and remote areas.
2023/09/08
Committee: EMPLFEMM
Amendment 369 #

2022/0400(COD)

Proposal for a directive
Article 11 – paragraph 3
3. Member States shall ensure accessibility and provide reasonable accommodation for persons with disabilities to guarantee their equal access to all services and, activities of equality bodand information of equality bodies in formats accessible for people with disabilities, including assistance to victims, complaint handling, amicable settlement mechanisms, information and publications, and prevention, promotion and awareness- raising activities according to Directive (EU) 2016/2102.
2023/09/08
Committee: EMPLFEMM
Amendment 378 #

2022/0400(COD)

Proposal for a directive
Article 12 – paragraph 1
Member States shall ensure that equality bodies have appropriate mechanisms in place to cooperate, within their respective fields of competence, with other equality bodies within the same Member State, and with relevant public and private entities, includingsocial partners and civil society organisations, at national, regional, local level as well as in other within the same Member States and including at Unregional and internationlocal level.
2023/09/08
Committee: EMPLFEMM
Amendment 380 #

2022/0400(COD)

Proposal for a directive
Article 12 – paragraph 1 a (new)
Member States shall ensure that national equality bodies have appropriate mechanisms in place to cooperate at Union and international level with equality bodies of other Member States in their respective fields of competences as well as with the European Network of Equality Bodies (Equinet), civil society organisations and social partners.
2023/09/08
Committee: EMPLFEMM
Amendment 383 #

2022/0400(COD)

Proposal for a directive
Article 13 – paragraph 2 a (new)
Member States shall ensure that national equality bodies have the necessary means to provide feedback to Equinet to allow its consultation on legislation, policy, procedures and programmes at Union level.
2023/09/08
Committee: EMPLFEMM
Amendment 394 #

2022/0400(COD)

Proposal for a directive
Article 14 – paragraph 5
5. Member States shall ensure that equality bodies may conduct independent surveys concerningor commission externally independent surveys, reports and research concerning discrimination including intersectional, structural, or systemic discrimination.
2023/09/08
Committee: EMPLFEMM
Amendment 397 #

2022/0400(COD)

Proposal for a directive
Article 15 – paragraph 1 – point c
(c) publish a report, with (c) recommendations, at least every four years, on the state of gender equality, equal treatment and discrimination, including potential structural issues, in their Member State. and any action or attempt of backsliding in these areas, as well as an analysis of the funding in their Member State. The report shall also include a follow-up of the past recommendations and the action taken in this respect. This report shall be presented in the respective National Parliament and sent to the European Parliament.
2023/09/08
Committee: EMPLFEMM
Amendment 400 #

2022/0400(COD)

Proposal for a directive
Article 15 – paragraph 1 – point c a (new)
(ca) engage in a sustainable dialogue with the government and other authorities who shall take into account the equality bodies' recommendations on legislation, policies, procedures, programs and practice, and take action where necessary.
2023/09/08
Committee: EMPLFEMM
Amendment 407 #

2022/0400(COD)

Proposal for a directive
Article 16 – paragraph 1
1. The Commission shall, by means of an implementing delegated act, establish a list of common indicators to measure the practical effects of this Directive. When preparing the indicators, the Commission may seek advice from the European Union Agency for Fundamental Rights and the European Institute for Gender Equality. Those indicators shall cover the resources, and the European Network of Equality Bodies (Equinet).. Those indicators shall cover the adequacy of resources (both economic and in staff), key elements of the independent functioning, activities, and effectiveness of equality bodies, as well as evolutions in their mandate, powers or structure, ensuring the comparability, objectivity and reliability of the data collected at national level.
2023/09/08
Committee: EMPLFEMM
Amendment 410 #

2022/0400(COD)

Proposal for a directive
Article 16 – paragraph 2
2. By [5 years after the date of transposition], and every 53 years thereafter, Member States shall provide the Commission with all relevant information regarding the application of this Directive, including data on its practical effects collected on the basis of the indicators referred to in paragraph 1 of this Article, and in particular taking into account the reports drawn up by the equality bodies under Article 14, points (b) and (c).
2023/09/08
Committee: EMPLFEMM
Amendment 412 #

2022/0400(COD)

Proposal for a directive
Article 16 – paragraph 3
3. The Commission shall draw up a report on the application and practical effects of this Directive, based on the information referred to in paragraph 2 and additional relevant data collected at national and Union level, in particular from Equality Bodies , the European Network of Equality Bodies (Equinet) civil society organizations, stakeholders, by the European Union Agency for Fundamental Rights and the European Institute for Gender Equality. The report shall contain a specific assessment to evaluate the independent functioning of equality bodies. Complaints on any interference may be submitted to the European Commission who shall add them to the report and shall further investigate the allegations.
2023/09/08
Committee: EMPLFEMM
Amendment 419 #

2022/0400(COD)

Proposal for a directive
Article 18 – paragraph 1
1. Member States shall ensure that equality bodies may collect and process personal data only where necessary for the fulfilment of athe task under this Directive and where the data collection and processing is in full compliance with Regulation (EU) 2016/679.
2023/09/08
Committee: EMPLFEMM
Amendment 420 #

2022/0400(COD)

Proposal for a directive
Article 18 – paragraph 2
2. Member States shall ensure that when equality bodies process special categories of personal data within the meaning of Regulation (EU) 2016/679, namely data on racial or ethnic origin, religion or belief, disability or sexual orientation,, sexual orientation, sex life, health, biometric or genetic data, it shall be carried out in full compliance with Article 9 of Regulation (EU) 2016/679, and that suitable and specific measures are provided to safeguard the fundamental rights and the interests of the data subject in accordance with Article 9(2)(g) of Regulation (EU) 2016/679.
2023/09/08
Committee: EMPLFEMM
Amendment 424 #

2022/0400(COD)

Proposal for a directive
Article 20 – paragraph 1 – subparagraph 1
Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by [182 months] at the latest. They shall immediately inform the Commission thereof.
2023/09/08
Committee: EMPLFEMM
Amendment 18 #

2022/0179(NLE)

Motion for a resolution
Paragraph 6 a (new)
6a. Notes that although the anti- money laundering commitments have been fulfilled formally, there are still several shortcomings in this respect which must be addressed; calls on the Croatian Government to deliver on its commitment to fully implement a new AML action plan by 2023;
2022/06/10
Committee: ECON
Amendment 26 #

2021/2253(INI)

Motion for a resolution
Citation 10
— having regard to the International Labour Organization (ILO) conventions and recommendations, and in particular C189 Domestic Workers Convention of 2011, ILO Convention C190 on Violence and Harassment of 2019 and ILO Maternity Protection Convention, 2000 (No. 183),
2022/04/08
Committee: EMPLFEMM
Amendment 50 #

2021/2253(INI)

Motion for a resolution
Citation 23 a (new)
— having regard to the 2022 ILO report Care at work: Investing in care leave and services for amore gender equal world of work,
2022/04/08
Committee: EMPLFEMM
Amendment 84 #

2021/2253(INI)

Motion for a resolution
Recital A a (new)
Aa. whereas still the societal value that care work creates is not recognized in the economic statistics or taken into account in macroeconomic policies; whereas the value of care work, both paid and unpaid, needs to be put at the centre of our economies;
2022/04/08
Committee: EMPLFEMM
Amendment 89 #

2021/2253(INI)

Motion for a resolution
Recital A b (new)
Ab. whereas we need to urgently respond to the social, gender equality and economic impacts of those with caring responsibilities; whereas care is essential for our wellbeing and sustaining our societies, particularly in view of demographic change;
2022/04/08
Committee: EMPLFEMM
Amendment 97 #

2021/2253(INI)

Motion for a resolution
Recital B
B. whereas care encompasses services to address the physical, psychological and social needs of dependents, as well as support to, personal and household needs of families and individuals; whereas care should be recognised as a right, with, guarantee to the equal exercise of rights, dignity, autonomy, inclusion and well- being for all members of society;
2022/04/08
Committee: EMPLFEMM
Amendment 128 #

2021/2253(INI)

Motion for a resolution
Recital C
C. whereas the stigma surrounding dependence prevails in all member states; whereas this stigma and the need for care and support intersects with other grounds of discrimination and aggravate the risk of poverty or social exclusion;
2022/04/08
Committee: EMPLFEMM
Amendment 164 #

2021/2253(INI)

Motion for a resolution
Recital D a (new)
Da. whereas continuous cuts in public spending have heavily impacted the access and quality of healthcare and care services; Whereas a greater health inequality is fostered as private, for-profit providers cater to lower-risk and paying patients, whilst higher-risk and poorer patients, patients in need for long-term care or those needing emergency care, remain reliant on under-resourced public health service provision;
2022/04/08
Committee: EMPLFEMM
Amendment 172 #

2021/2253(INI)

Motion for a resolution
Recital D b (new)
Db. whereas states as the main guarantor of care must ensure the provision of quality and adequate funded public care services; Whereas the delivery of care depends on well financed and properly functioning public services and social protection systems; whereas public investments in care services can contribute positively to gender equality and close employment gaps;
2022/04/08
Committee: EMPLFEMM
Amendment 180 #

2021/2253(INI)

Motion for a resolution
Recital E
E. whereas the COVID-19 pandemic has exacerbated the existing inequalities and challenges in terms of access to formal care services and has revealed the fragility of care work arrangements, societies dependence on unpaid care and the disproportionate reliance on women and girls; whereas this pandemic has even further increased predominantly women's participation in unpaid care at the cost of participating in paid employment;
2022/04/08
Committee: EMPLFEMM
Amendment 208 #

2021/2253(INI)

Motion for a resolution
Recital F
F. whereas the provision of quality paid care depends on the existence of a sufficiently large and well-trained workforce, working under the creation of decent working conditions, and integrated services, andwhich require adequate public funding; whereas a greater global investment in care could create almost 300 million care related jobs by 2035, according to a new International Labour Organization (ILO) report1a; _________________ 1a https://www.ilo.org/wcmsp5/groups/public /---dgreports/--- dcomm/documents/publication/wcms_838 653.pdf
2022/04/08
Committee: EMPLFEMM
Amendment 222 #

2021/2253(INI)

Motion for a resolution
Recital F a (new)
Fa. whereas many care and domestic workers in Europe are migrant, predominantly racialised women, facing a highly precarious situation and experiencing intersectional discrimination due to their race or ethnicity, gender, socioeconomic status and nationality; Whereas these migrants are making up for the lack of public and affordable care in the EU and they are not being treated equally in terms of their social rights and access to decent work conditions;
2022/04/08
Committee: EMPLFEMM
Amendment 262 #

2021/2253(INI)

Motion for a resolution
Recital H
H. whereas the undervaluation and invisibility of care work are closely linked with the fact that women dominate in the care sectprevailing gender roles and norms that care and domestic work are still primarily provided by women; whereas the long and deep undervaluing of the contribution of family carers has resulted in an undervaluing of formal care-work;
2022/04/08
Committee: EMPLFEMM
Amendment 299 #

2021/2253(INI)

Motion for a resolution
Recital J
J. whereas in all the Member States, pay in the care sector is well below the average pay and is connected with; whereas this is due to a lower collective bargaining coverage in the care sector, as well as feminization and undervaluation of care in general;
2022/04/08
Committee: EMPLFEMM
Amendment 316 #

2021/2253(INI)

Motion for a resolution
Recital K
K. whereas 80 % of all long-term care in Europe is provided by informal carers, which makes care an extremely gendered issue; whereas women’s contribution in unpaid care work adds an estimated US$11 trillion1a to the global economy each year, which is equivalent to 9% of global GDP1b; _________________ 1a https://www.ilo.org/wcmsp5/groups/public /---dgreports/--- dcomm/documents/publication/wcms_838 653.pdf 1b https://www.unwomen.org/sites/default/fil es/Headquarters/Attachments/Sections/Li brary/Publications/2020/Policy-brief- COVID-19-and-the-care-economy-en.pdf
2022/04/08
Committee: EMPLFEMM
Amendment 322 #

2021/2253(INI)

Motion for a resolution
Recital K a (new)
Ka. whereas only 6% of men say that the main reason for working part-time is because of caring responsibilities, compared to 29 % of women and only 64 % of fathers in EU provide care on a daily basis; whereas the uneven distribution of unpaid care work hinders women’s access to full-time employment and contributes negatively to the gender income gap1a _________________ 1a European Foundation for the Improvement of Living and Working Conditions (Eurofound), European Quality of Life Survey 2016 – Quality of life, quality of public services, and quality of society, Publications Office of the European Union, Luxembourg, 2018
2022/04/08
Committee: EMPLFEMM
Amendment 333 #

2021/2253(INI)

Motion for a resolution
Recital L
L. whereas the high numbers of care recipients who are dependent on informal care are directly linked to the inaccessibility and unaffordability of quality professional services; whereas an increasing privatization and commodification of care exacerbates economic and gender inequalities;
2022/04/08
Committee: EMPLFEMM
Amendment 372 #

2021/2253(INI)

Motion for a resolution
Recital N a (new)
Na. whereas there is a lack of sufficient infrastructure offering quality and accessible childcare for all, specially early childhood services as most of Member States’ public expenditure on childcare is for children aged between three and the mandatory school-going age;
2022/04/08
Committee: EMPLFEMM
Amendment 384 #

2021/2253(INI)

Motion for a resolution
Recital P
P. whereas access to quality care services, especially including long-term care, is increasingly preconditioned on individual and family income; whereas access to healthcare and care should be universal, irrespective of economic conditions or residence or migration status;
2022/04/08
Committee: EMPLFEMM
Amendment 389 #

2021/2253(INI)

Motion for a resolution
Recital P a (new)
Pa. whereas women facing intersectional discrimination face additional barriers in accessing healthcare and care services and special attention must be put to address the effects of implicit biases in accessing private and public services generated due to persisting stereotypes and the underrepresentation of certain groups in these institutions;
2022/04/08
Committee: EMPLFEMM
Amendment 427 #

2021/2253(INI)

Motion for a resolution
Paragraph -1 (new)
-1. Calls on the Commission to put forward in its upcoming Care Strategy an ambitious proposal for a “Care Deal for Europe” which should include a set of policies, programmes and recommendations, combined with an specific care investment package, aiming at fostering a transition towards a feminist care economy that recognizes care as a right and value it as the backbone of our society;
2022/04/08
Committee: EMPLFEMM
Amendment 449 #

2021/2253(INI)

Motion for a resolution
Paragraph 2
2. Stresses the importance of an integrated approach to common European action on care that pays equal attention to people’s physical, psychological and social needs, personal and household needs and that takes into account the intersecting forms of discrimination that people with disabilities and with care needs can face;
2022/04/08
Committee: EMPLFEMM
Amendment 473 #

2021/2253(INI)

Motion for a resolution
Paragraph 3
3. Calls for a specific and increased EU investment package dedicated to promote the care economy; Highlights the need to increase public funding for both formal and informal care across the EU to guarantee equal access for dependants to affordable quality care services, as well as an active professional life for carers, and therefore calls on the Member States to make the best use offamilies and individuals to universal quality care services, and therefore calls on the Member States to earmark and significantly increase the care investment made through the European structural and investment funds, including the ESF+, as well as the Recovery and Resilience Facility, for investing in care;
2022/04/08
Committee: EMPLFEMM
Amendment 484 #

2021/2253(INI)

Motion for a resolution
Paragraph 3 a (new)
3a. Calls on Member States to invest in a care economy and ensure sustainable and adequate funding, at all levels of government, of public services, and ensure that procurement prioritises equality, wellbeing and sustainability, above lowest financial cost;
2022/04/08
Committee: EMPLFEMM
Amendment 487 #

2021/2253(INI)

Motion for a resolution
Paragraph 3 b (new)
3 b. Calls on Member States to ensure universal health coverage, increase investments in healthcare, and prioritise funding towards community and primary care; Calls on member states to urgently remove existing barriers to healthcare for all, including for undocumented migrant and with special attention to women facing intersectional discrimination; Calls to ensure higher and fair pay and decent working conditions for care workers, healthcare assistants and other support staff;
2022/04/08
Committee: EMPLFEMM
Amendment 488 #

2021/2253(INI)

Motion for a resolution
Paragraph 3 c (new)
3c. Call on the European Investment Bank to ensure its annual budget is directed to the development of the care economy as part of its implementation of its own Strategy on Gender Equality and Women’s Economic Empowerment
2022/04/08
Committee: EMPLFEMM
Amendment 522 #

2021/2253(INI)

Motion for a resolution
Paragraph 6
6. Calls on the Commission to set new ambitious targets for funding and ensure universal care services, in consultation with the Member States;,
2022/04/08
Committee: EMPLFEMM
Amendment 542 #

2021/2253(INI)

Motion for a resolution
Paragraph 7
7. Calls on the Commission to present an ambitious European care strategy that pushes forward a care economy buildsing on everyone’s right to affordableuniversal, accessible and high-quality care, as well as on other principles set out in the EPSR and EU strategic documents, and the individual rights and needs of both care recipients and carers, and that encompasses the entire life course, is based on reliable and comparable and up-to-date data, and includes concrete and progressive goals with a timetable and indicators to evaluate progress;
2022/04/08
Committee: EMPLFEMM
Amendment 549 #

2021/2253(INI)

Motion for a resolution
Paragraph 7 a (new)
7a. Considers that the care economy ought to be a pillar of the post-covid economies and the value created in this sector must be accounted for in the calculation of GDP; Calls on the Commission to design statistical analysis and indicators to measure care, its provision and their impact on well-being, welfare and gender equality;
2022/04/08
Committee: EMPLFEMM
Amendment 558 #

2021/2253(INI)

Motion for a resolution
Paragraph 7 b (new)
7b. Calls the EU Commission to establish an EU Equal Care Day, every leap day of 29 of February, in order to raise awareness about the undervaluation and invisibility of caring and carers in our societies;
2022/04/08
Committee: EMPLFEMM
Amendment 566 #

2021/2253(INI)

Motion for a resolution
Paragraph 8
8. Welcomes the Commission’s plans for the revision of the Barcelona objectives as part of the European care strategy package; calls for upward convergence to be encouraged and for further investment in high-quality care for every child in the EU and for the revised targets to include a focus on increasing access to quality care for children aged 0-3 and for those facing poverty, social exclusion and intersecting vulnerabilities;
2022/04/08
Committee: EMPLFEMM
Amendment 574 #

2021/2253(INI)

Motion for a resolution
Paragraph 9
9. Calls on the Member States to ensure more public investment in early childhood services, and to design childcare, education and other policies and measures in support of children and their families in an inclusive and integrated manner and one that upholds the swift and efficient implementation of the European Child Guarantee;
2022/04/08
Committee: EMPLFEMM
Amendment 586 #

2021/2253(INI)

10. Recalls that social protection and support to families is essential and calls on the competent national authorities to ensure universal, adequate and accessible social protection systems and integrated child protection systems;
2022/04/08
Committee: EMPLFEMM
Amendment 592 #

2021/2253(INI)

Motion for a resolution
Paragraph 11
11. Calls on the Member States to provide continuous holistic and integrated support to parentfamilies, including parental entitlements and measures that encourage a more substantial role for men in the sharing oflow- threshold social services, such as day care, counselling, mediation or psychosocial support, parental entitlements and measures that ensures men’s equal participation in care responsibilities, including care for very young children;
2022/04/08
Committee: EMPLFEMM
Amendment 706 #

2021/2253(INI)

Motion for a resolution
Paragraph 18
18. Calls on the Commission to establish a comprehensive set ofand ambitious set of quality indicators for long-term care, and corresponding targets and tools for monitoring the accessibility, affordability, staffing levels and quality of care, for groups in vulnerable situation such as the elderly and people with disabilities, and reporting mechanisms similar to the Barcelona objectives for childcare;
2022/04/08
Committee: EMPLFEMM
Amendment 715 #

2021/2253(INI)

Motion for a resolution
Paragraph 18 a (new)
18a. Calls for an EU right to care and for everyone to have access to high quality formal care services based on need; underlines that to guarantee this right, long-term care needs must be integrated into national social protection systems, as recommended by the Social Protection Committee5a, which are for equity and efficiency reasons best placed to deliver; _________________ 5a https://ec.europa.eu/social/main.jsp?catId =738⟨Id=en&pubId=7724
2022/04/08
Committee: EMPLFEMM
Amendment 795 #

2021/2253(INI)

Motion for a resolution
Paragraph 21 a (new)
21a. Calls on the Member States to introduce ‘care credits’ through labour and social security legislation for both women and men as equivalent periods for building up pension rights in order to protect those taking a break from employment to provide informal, unpaid care to a dependant or a family member, and to recognise the value of the work that these carers do for society as a whole;
2022/04/08
Committee: EMPLFEMM
Amendment 849 #

2021/2253(INI)

Motion for a resolution
Paragraph 23 a (new)
23a. Urges Members states to promote reforms to recognize the rights of caregivers and care receivers and implement actions to protect fundamental labour rights and improving working conditions of care workers addressing the often precarious situations they faced such as informality, long working hours, inadequate pay, a lack of training and poor occupational health and safety policies and instances of abuse, harassment and violence among others;
2022/04/08
Committee: EMPLFEMM
Amendment 860 #

2021/2253(INI)

Motion for a resolution
Paragraph 23 b (new)
23b. Calls on the EU and member states to ratify the ILO convention no.190 on Violence and Harassment and adopt the necessary measures to ensure a work environment free of violence and harassment;
2022/04/08
Committee: EMPLFEMM
Amendment 863 #

2021/2253(INI)

Motion for a resolution
Paragraph 23 c (new)
23 c. Regrets that only 8 member states have ratified the ILO Convention No189 on domestic workers that aims to provide legal recognition for domestic work, extend rights to all domestic workers, especially women, in the informal economy, and prevent violations and abuses; Calls on EU and all member states to urgently ratify and ensure compliance with the articles of this ILO Convention;
2022/04/08
Committee: EMPLFEMM
Amendment 914 #

2021/2253(INI)

Motion for a resolution
Paragraph 26
26. Calls on the Member States to swiftly and fully transpose and implement the Work-Life Balance Directive; stresses that only an equal share of care responsibilities between men and women by means of equal, non-transferable and adequately paid leave periods would enable women to increasingly engage in full-time employment and achieve a work-life balance; urges the Member States to ensure the participation on women in the labour market as a mean to achieve personal and societal development and not as a response to the market needs;
2022/04/08
Committee: EMPLFEMM
Amendment 924 #

2021/2253(INI)

Motion for a resolution
Paragraph 26 a (new)
26a. Recalls that policies on work-life balance should encourage men to take up care responsibilities on an equal basis with women and stresses the need to progressively advance towards fully paid and equal length maternity and paternity leaves;
2022/04/08
Committee: EMPLFEMM
Amendment 932 #

2021/2253(INI)

Motion for a resolution
Paragraph 27 a (new)
27a. Calls on the Member States, in close cooperation with the social partners, to shore up career pathways so as to make it easier for people to adapt to the different situations they may face in their lives, in particular via lifelong vocational training, adequate unemployment benefits, the transferability of social rights, and active, effective labour market policies;
2022/04/08
Committee: EMPLFEMM
Amendment 942 #

2021/2253(INI)

Motion for a resolution
Paragraph 27 b (new)
27b. Calls on the Commission and the Member States to promote and guarantee effective protection and equal pay for men and women, through a gender transformative legislation and policy responses that aims to tackle precarious employment, the undervaluation of certain feminised sectors such as care and guarantee career paths and proper social security coverage;
2022/04/08
Committee: EMPLFEMM
Amendment 957 #

2021/2253(INI)

Motion for a resolution
Subheading 7
Recognising, equally sharing and valuing the role of care in our societies and economies
2022/04/08
Committee: EMPLFEMM
Amendment 966 #

2021/2253(INI)

Motion for a resolution
Paragraph 28 a (new)
28a. Stresses the need for men to participate equally in unpaid care work; calls on the European Commission and Members states to promote transformative actions such as awareness campaigns on the co-responsibility of care, eradicating the stereotyped idea of women as responsible for this work;
2022/04/08
Committee: EMPLFEMM
Amendment 972 #

2021/2253(INI)

Motion for a resolution
Paragraph 28 b (new)
28b. Strongly urges all Member States to encourage and ensure that fathers are able to take up their paternity leave without fear of adverse or discriminatory conduct by their employers, which is an effective way of encouraging them to accept responsibility for looking after their children and their families and a useful mean to achieving genuine gender equality;
2022/04/08
Committee: EMPLFEMM
Amendment 5 #

2021/2157(DEC)

Draft opinion
Paragraph 3
3. Recalls that the yearly exchange of views in the EMPL committees regarding the annual work programmes and the multiannual strategies of the agencies is instrumental in ensuring that the programmes and strategies are aligned to the actual political priorities, especially in the context of the implementation of the principles enshrined in the European Pillar of Social Rights; Recalls that the agencies are the most qualified at assessing the use of resources and play a crucial role in supporting the right sustainable projects in line with the European Green Deal; calls on the Commission to ensure funding supporting the EU agencies in securing the social dialogue; Notes that EU agencies have a crucial role in securing social dialogue with the EU institutions;
2021/12/08
Committee: EMPL
Amendment 7 #

2021/2157(DEC)

Draft opinion
Paragraph 3 a (new)
3 a. Notes with concern that in 2020 only 35,8 % of members of the highest decision-making bodies of all Union agencies were women and recalls that gender balance must be ensured within the Union agencies in accordance with the basic regulations establishing them; asks, therefore, that the Union agencies collect and present data on gender balance for all categories of management staff (from the lowest to the highest level) to gather the basic data on which the Union agencies are encouraged to address gender imbalance in management and to pursue gender mainstreaming in all fields;
2021/12/08
Committee: EMPL
Amendment 10 #

2021/2157(DEC)

Draft opinion
Paragraph 4 a (new)
4 a. Highlights that transparency and citizens' awareness of the existence of the agencies are essential for their democratic accountability;
2021/12/08
Committee: EMPL
Amendment 3 #

2021/2142(DEC)

Draft opinion
Paragraph 2 a (new)
2 a. Highly recognises the successful adaptation of Eurofound to the difficult conditions created by COVID-19 and the valuable knowledge and analysis provided to policymakers and stakeholders on the changes brought by the pandemic onto the world of work and broader quality of life (i.e. teleworking, platform work, increasing gender inequalities and intergenerational differences, labour shortages, long-term care, industrial relations, etc.)
2021/12/09
Committee: EMPL
Amendment 7 #

2021/2142(DEC)

Draft opinion
Paragraph 3
3. Takes note that there is still ongoing action concerning the irregular payments related to the irregular procurement procedures for the supply of electricity and the refurbishment of toilet facilities in the financial year 2019, which amounted to EUR 62 470 for the electricity contract and EUR 174 730 for the refurbishment contract; notes from the Foundation’s reply that it has accepted the observations of the ECA and that two payments had to be made in conjunction with two irregular procurement procedures as a direct consequence of the original tender procedures;
2021/12/09
Committee: EMPL
Amendment 12 #

2021/2142(DEC)

Draft opinion
Paragraph 4 a (new)
4 a. Appreciates Eurofound’s support to trade unions, employers’ organisations, national governments, and European institutions and its cooperation with other Union Agencies working in the field of employment, social affairs and inclusion under the remit of DG Employment;
2021/12/09
Committee: EMPL
Amendment 13 #

2021/2142(DEC)

Draft opinion
Paragraph 4 b (new)
4 b. Welcomes Eurofound’s commitment to research and analysis in the area of digital and green transitions and believes that in its future work programmes it should assess and analyse policy option on the socio and economic impact of the digital and green transitions;
2021/12/09
Committee: EMPL
Amendment 14 #

2021/2142(DEC)

Draft opinion
Paragraph 4 c (new)
4 c. Stresses the importance that Eurofound remains independent from the other EU agencies but working in close cooperation with them in order to keep on providing added value;
2021/12/09
Committee: EMPL
Amendment 3 #

2021/2141(DEC)

Draft opinion
Paragraph 2
2. Appreciates the Agency’s activities to develop, gather and provide reliable and relevant information, analysis and tools on occupational safety and health, which contribute to the Union policy aiming to promote healthy and safe workplaces across the Union; stresses the need to ensure proper resources to allow the Agency to implement its work programme, ahead of the new EU Strategic Framework on Health and Safety at Work (2021-2027)
2021/12/09
Committee: EMPL
Amendment 7 #

2021/2141(DEC)

Draft opinion
Paragraph 2 a (new)
2 a. Welcomes particularly the agency’s capacity to deliver valuable research and guidelines, both in the framework of the ongoing campaigns and regarding the work delivered concerning the safety and health at work dimension of the Covid-19 contagion;
2021/12/09
Committee: EMPL
Amendment 10 #

2021/2141(DEC)

Draft opinion
Paragraph 3
3. Takes notes that two corrective actions on the previous years’ Court’s observationreported by ECA linked to the high level of committed appropriations carried over from previous years are ongoing;
2021/12/09
Committee: EMPL
Amendment 3 #

2021/2139(DEC)

Draft opinion
Paragraph 2
2. AppreciatWelcomes the Foundation activities in helping transition and developing Union neighbouring countries, enlargement countries and Central Asian countries harness the potential of their human capital through the reform of education, training, and labour market systems, in the context of the Union ’s external relations policies; highlights the need of ensuring adequate human and financial resources allowing the Foundation to continue implementing its work programme with a very high activity completion rate;
2021/12/09
Committee: EMPL
Amendment 6 #

2021/2139(DEC)

Draft opinion
Paragraph 2 a (new)
2 a. Recognises that the Foundation’s objectives and actions are closely aligned with Union policies and activities in the field of vocational education and training, human development, skills and migration; welcomes the Foundation’s continued cooperation and sharing of resources with other agencies, in particular with Cedefop and Eurofound, which enables significant knowledge sharing; stresses the Foundation’s importance, autonomy and added value in its field of expertise;
2021/12/09
Committee: EMPL
Amendment 12 #

2021/2119(DEC)

Draft opinion
Paragraph 6
6. Commends that, when the COVID crisis started, teleworking arrangements had already been in place since October 2017, with staff being equipped with laptops, and with online collaborative working tools and paperless procedures at their disposal, thus allowing the staff to continue working after 17 March 2020, when all operations began to be carried out remotely; congratulates the Centre for its resilience and agility and its outperformance of the 2020 work programme despite the challenges posed by the pandemic;
2021/12/09
Committee: EMPL
Amendment 13 #

2021/2119(DEC)

Draft opinion
Paragraph 6 a (new)
6 a. Commends the Centre on its multiple contributions to Union policy- making, notably the European Skills Agenda for sustainable competitiveness, social fairness and resilience, the first ever Council recommendation on VET and the Osnabrück declaration;
2021/12/09
Committee: EMPL
Amendment 15 #

2021/2119(DEC)

Draft opinion
Paragraph 6 b (new)
6 b. Welcomes the effective collaboration with EU Agencies in the context of the European network of Agencies and the particular focus set on identifying and harvesting inter-Agency synergies, in the area of administration; as well as in core business activities and performance management indicator methodology with ETF, Eurofound and EU-OSHA;
2021/12/09
Committee: EMPL
Amendment 9 #

2021/2106(DEC)

Draft opinion
Paragraph 9
9. Notes with concern that the estimated overall level of error in subheading 1b ‘Economic, social and territorial cohesion’ stood at 3.5 % in 2020; underlines that despite the slight decrease in comparison with the previous years, this figure is still largely above the 2 % materiality threshold and the estimated level of error in expenditure for the Union budget as a whole (2.7 %); calls for urgent action to decrease the error rate in the future, and especially for the new funding period;
2021/12/08
Committee: EMPL
Amendment 25 #

2021/2080(INI)

Motion for a resolution
Recital A
A. whereas femalewomen entrepreneurs and self-employed are an under-utilised source of sustainable economic growth and, job creation and its promotion is an important tool in fostering women’s economic empowerment and independence; whereas supporting this group can also strengthen EU competitiveness;
2021/12/08
Committee: FEMM
Amendment 32 #

2021/2080(INI)

Motion for a resolution
Recital C
C. whereas women only constitute 34.4 % of the self-employed in the EU and 30 % of its start-up entrepreneurs; whereas even though self-employed women are in the minority among self-employed workers, they are more likely to fall into poverty; whereas the lack of social provisions for self-employed workers is especially problematic for women as the lack of access to adequate pension rights, sick pay, paid maternity/parental leave aggravates the gender pay and pension gap for self-employed women;
2021/12/08
Committee: FEMM
Amendment 36 #

2021/2080(INI)

Motion for a resolution
Recital D
D. whereas women face more difficultbarriers in pursuing entrepreneurship than men; whereas these barriers includeare constructed around gender stereotypes which contribute to gender segregation in education, a lack of specific training, a lower level of self-entrepreneurial confidence, less access to information, financial support and social and business networks and difficulties in reconciling work and family life due to the persistent expectations of women carrying out most of the unpaid care and domestic work combined with the lack of adequate public care infrastructures to support families;
2021/12/08
Committee: FEMM
Amendment 45 #

2021/2080(INI)

Motion for a resolution
Recital D a (new)
D a. whereas women facing intersectional discrimination due to their racial, ethnic or economic background, origin, disability, sexual orientation, gender expression and identity impacts the way women experience challenges, including in pursuing entrepreneurship and becoming self-employed;
2021/12/08
Committee: FEMM
Amendment 47 #

2021/2080(INI)

Motion for a resolution
Recital E
E. whereas promoting women entrepreneurs as role models can be useful in encouraging women to consider entrepreneurship as a career; whereas it is important that these role models show women in all their diversity and appeal to women from diverse backgrounds and intersecting identities;
2021/12/08
Committee: FEMM
Amendment 50 #

2021/2080(INI)

Motion for a resolution
Recital F
F. whereas statistics show that femalewomen entrepreneurs have more difficulties than men in raising finance; whereas women-led companies still account for a very small portion of investment recipients; whereas all-malen founding teams received 93 % of all capital invested in European tech in 20188 ; _________________ whereas on average, start-ups owned by women receive 23% less funding than those run by men; whereas although women account for 30 % of all entrepreneurs in Europe, they only receive 2 % of the non-bank financing available1a; _________________ 1a [1]European Commission and European Investment Bank, Funding women entrepreneurs: How to empower growth, 2018. 8 Skonieczna, A. and Castellano, L., 'Gender Smart Financing. Investing In and With Women: Opportunities for Europe', European Economy Discussion Papers, No 129, July 2020, Publications Office of the European Union, Luxembourg.
2021/12/08
Committee: FEMM
Amendment 56 #

2021/2080(INI)

Motion for a resolution
Recital H
H. whereas only 10 % of business angels in Europe are women9 and only 10 % of all senior positions in private equity and venture capital firms globally10 are occupied by women; whereas several studies show that investment managers tend to provide capital to those who are similar to themselves; whereas, leaving women and especially those from diverse backgrounds and facing intersectional discrimination in a clear position of disadvantage; whereas implementing quotas to achieve gender balanced leaderships and developing the ecosystem is key to improving funding conditions sustainably for women-led companies and creating a reliable network of femalewomen investors; _________________ 10 International Finance Corporation, Moving Towards Gender Balance in Private Equity and Venture Capital, International Finance Corporation, Washington DC, 2019. 9 EBAN, Statistics Compendium – European Early Stage Market Statistics, EBAN, Brussels, 2019.
2021/12/08
Committee: FEMM
Amendment 66 #

2021/2080(INI)

Motion for a resolution
Recital I
I. whereas six Member States have created 11 private funds to fill the gap in funding for femalewomen entrepreneurs and these funds use gender considerations in their investment criteria; whereas some of these funds have received national or EU support, which shows the important role of public policies in promoting entrepreneurship11 ; _________________ 11 Eurofound, Female entrepreneurship: Public and private funding, Publications Office of the European Union, Luxembourg, 2019.
2021/12/08
Committee: FEMM
Amendment 70 #

2021/2080(INI)

Motion for a resolution
Recital K
K. whereas 59 % of scientists and engineers in the EU in 2018 were men and only 41 % were women, representing a gap of 18 %12 ; whereas social norms, stereotypes, cultural discouragement and gendered expectations about career choices, which are often reinforced through educational content and curricula, are two of the main drivers of gender segregation in higher education and in the labour market; _________________ 12 Eurostat, 'Women in science and technology', Products Eurostat News, 2 October 2020.
2021/12/08
Committee: FEMM
Amendment 73 #

2021/2080(INI)

Motion for a resolution
Recital K a (new)
K a. whereas women’s economic independence and empowerment is central to realizing women’s rights and gender equality; whereas promotion of economic independence requires boosting women entrepreneurship and self- employment but also the implementation of a set of policies that ensure: women’s equal participation in the labour markets; equal pay for equal work or work of equal value; women’s access to and control over productive resources; access to decent work; control over their own time, lives and bodies; equal sharing and recognition of domestic and care responsibilities; and increased voice, agency and meaningful participation in economic decision- making at all levels from company boards, banks, governments to international institutions;
2021/12/08
Committee: FEMM
Amendment 99 #

2021/2080(INI)

Motion for a resolution
Paragraph 1
1. Welcomes Commission initiatives such as Women TechEU and the European Innovation Council Women Leadership Programme and the creation of various European networks for female entrepreneurs; urges the Commission to promote such initiatives more actively by focusing on the EU sustainable growth potential and to support the achievements of women entrepreneurs; in all their diversity
2021/12/08
Committee: FEMM
Amendment 101 #

2021/2080(INI)

Motion for a resolution
Paragraph 1 a (new)
1 a. Stresses the importance of broadening the horizon of women entrepreneurship to include more sectors than STEM and IT and to promote various forms of entrepreneurship; Calls on the Commission and Member States to implement measures to improve the diversification of entrepreneurship and to allocate specific resources to promote social and collective forms of women entrepreneurship;
2021/12/08
Committee: FEMM
Amendment 106 #

2021/2080(INI)

Motion for a resolution
Paragraph 3
3. Highlights the necessity and importance of recognising and promoting women entrepreneurs as role models and to ensure that these role models represent women in all their diversity; notes, in this regard, the European Network of Female Entrepreneurship Ambassadors, which encourages women to consider entrepreneurship as a career;
2021/12/08
Committee: FEMM
Amendment 109 #

2021/2080(INI)

Motion for a resolution
Paragraph 3 a (new)
3 a. Urges the Commission to continue working with the Member States to urgently break the deadlock in the Council and adopt the proposed Directive on ‘Women on Boards’;
2021/12/08
Committee: FEMM
Amendment 110 #

2021/2080(INI)

Motion for a resolution
Paragraph 3 b (new)
3 b. Calls on the Commission to develop an strategy with Member states to ensure the meaningful representation of all women from diverse backgrounds in decision-making roles and with specific actions and policies to promote their economic empowerment; Calls to ensure that all measures for women entrepreneurship include an intersectional perspective to ensure that all women receive the relevant help and support and that no woman is left behind;
2021/12/08
Committee: FEMM
Amendment 115 #

2021/2080(INI)

Motion for a resolution
Paragraph 4
4. Welcomes public and private women entrepreneurship programmes in the Member States that include elements of networking, mentoring and training to support and advise women entrepreneurs; notes that publicly available reports and testimonials in seven Member States suggest the positive impact of these programmes; urges the Commission to collect data from all Member States and analyse the impact of femalewomen entrepreneurship programmes; calls the Commission to share best practices to strengthen and increase the share of women entrepreneurs and self-employed in the Member States;
2021/12/08
Committee: FEMM
Amendment 122 #

2021/2080(INI)

Motion for a resolution
Paragraph 6
6. Calls, in particular on the Commission and the Member States to allocated specific funds for awareness-raising campaigns aiming to break the persistent gender stereotypes in education, training, school curricula and career guidance, for greater women- focused promotion of STEM subjects, social economy, digital education and financial literacy in order to combat prevailing stereotypes and ensure that more women enter these sectors and contribute to their development; highlights the importance of promoting education and careers in finance to women to support the development of a reliable network of femalewomen investors;
2021/12/08
Committee: FEMM
Amendment 142 #

2021/2080(INI)

Motion for a resolution
Paragraph 8
8. Calls on Member States and the Commission to increase financing opportunities, create dedicated funds, and seek innovate ways to support and facilitate access to funds for women entrepreneurs and self- employed and to assist them in overcoming the multiple barriers they face; urges the Commission to establish a European network of gender- conscious investors; considers that such a network will be able to provide women-led companies with relevant connections, networks and funding opportunities; Stresses the need for awareness-raising and information campaigns about EU funding possibilities to provide tailored support to women business owners and women entrepreneurs;
2021/12/08
Committee: FEMM
Amendment 152 #

2021/2080(INI)

Motion for a resolution
Paragraph 10
10. Welcomes public and private funds that implement diversity policies; notes, in this regard, the diversity commitment initiative, which is the first initiative in the world where private funds have committed to measuring and tracking representation on gender and to reporting annually and in public on their findings; Suggests that these diversity commitments become mandatory for all funds;
2021/12/08
Committee: FEMM
Amendment 159 #

2021/2080(INI)

Motion for a resolution
Paragraph 11
11. Calls on the Commission and Member States to systematically track and monitor gender-disaggregated data across the whole Union to ensure high-quality data on EU and national funding programmes; Reminds as well the importance to collect equality data in order to have information on intersecting experiences of discrimination and highlights that this could serve as a basis for more informed policy decisions in the future;
2021/12/08
Committee: FEMM
Amendment 165 #

2021/2080(INI)

Motion for a resolution
Subheading 3
Better framework for femalewomen entrepreneurs
2021/12/08
Committee: FEMM
Amendment 166 #

2021/2080(INI)

Motion for a resolution
Paragraph 11 a (new)
11 a. Calls on Member States to implement the 2019 Council recommendation on ensuring effective access to social protection systems and entitlements, including pension and leaves for all self-employed workers and to implement all the principles set out in the European Pillar of Social Right as a way to ensure non-discrimination and foster gender equality;
2021/12/08
Committee: FEMM
Amendment 167 #

2021/2080(INI)

Motion for a resolution
Paragraph 11 b (new)
11 b. Calls on Member States and the Commission for the introduction of gender mainstreaming at all stages of the design process of support measures for women entrepreneurs and to consult with a diverse group of potential and current women entrepreneurs in order to ensure they are aligned and match their expectations and needs;
2021/12/08
Committee: FEMM
Amendment 180 #

2021/2080(INI)

Motion for a resolution
Paragraph 13
13. Highlights the importance of work- life balance for women entrepreneurs and self-employed; calls on Member States to support social frameworks, such as flexible childcare, that are essential to encouraging more women to take part in entrepreneurship; Stresses the importance to achieve equal share of domestic and care responsibilities between genders and calls for equal fully paid and non- transferable maternity, paternity and parental leave between parents; welcomes actions already taken by some Member States on this matter; recognises national differen and urges them to ensure universal access to quality childcare and long term care services and to promote access in social policy and respect for subsidiarityfor self-employed workers to public services and relevant tax and social advantages in the area of childcare;
2021/12/08
Committee: FEMM
Amendment 74 #

2021/0378(COD)

Proposal for a regulation
Recital 2
(2) Easy access to data is important in order for decision makers, civil society, investors, as well as other stakeholders in the economy and society to make sound decisions that serve the efficient functioning of the market. Rolling out common European data spaces in crucial sectors, including the financial sector, would serve that purpose. The financial sector is undergoing a digital transformation, which is expected to continue in the coming years, and the Union should support that transformation, in particular by promoting data-driven finance. Furthermore, putting sustainable finance at the heart of the financial system is a key means to achieving a green transition of the economy of the Union. For the green transition to succeed through sustainable finance, it is essential that information related to the sustainability of businesses is easily accessible to investors so that they are better informed when making decisions about investments. For those purposes, public access to entities’ information such as companies, businesses, financial institutions, financial and non- financial information needs to be improved. An efficient means to do so at Union level is to establish a centralised platform, a European single access point (“ESAP”), giving electronic access to all relevant information.
2022/11/11
Committee: ECON
Amendment 104 #

2021/0378(COD)

Proposal for a regulation
Recital 12
(12) ESAP should provide users with access to information for free and without discrimination and should make it possible for those users to search, access and download the information through ESAP. However, taking into account the need to protect ESMA from an excessive financial burden in relation to costs incurred for serving the needs of intensive users, if any, ESMA should have the ability to generate revenues. Therefore, by way of derogation from the principle that information should be accessible free of charge, ESMA should be allowed to impose fees for those specific services, including for services with high maintenance costs due to searches for very large volumes of information or to frequent access to ESAP and where those services are for commercial re-use of data. Any fees imposed should, however, not exceed the cost of the service provided.
2022/11/11
Committee: ECON
Amendment 126 #

2021/0378(COD)

Proposal for a regulation
Article 1 – paragraph 2
2. If available, ESAP shall not provide access to information submitted before 1 January 2024.
2022/11/11
Committee: ECON
Amendment 133 #

2021/0378(COD)

Proposal for a regulation
Article 3 – paragraph 1 – introductory part
1. Any natural or legal personentity in the meaning of Article 1, paragraph 2 may submit to a collection body the information referred to in Article 1(1), point (b) to make that information accessible on ESAP. When submitting that information, the natural or legal person shall:
2022/11/11
Committee: ECON
Amendment 141 #

2021/0378(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point d a (new)
(d a) provide external assurance, including by statutory auditor, audit firm or independent assurance service provider;
2022/11/11
Committee: ECON
Amendment 144 #

2021/0378(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point d b (new)
(d b) certify the correctness of the information by the entity where no external assurance is provided.
2022/11/11
Committee: ECON
Amendment 169 #

2021/0378(COD)

Proposal for a regulation
Article 5 – paragraph 2 – point b
(b) where the information is manifestly inappropriate, abusive, or clearly outside the scope of the information referred to in Article 1(1).
2022/11/11
Committee: ECON
Amendment 173 #

2021/0378(COD)

Proposal for a regulation
Article 5 – paragraph 4
4. Entities shall ensure the accuracy, completeness and reliability of the information they submit to the collection bodies as well as for the accompanying metadata.
2022/11/11
Committee: ECON
Amendment 182 #

2021/0378(COD)

Proposal for a regulation
Article 7 – paragraph 3 – point c
(c) the type of information including information on sustainability where applicable, submitted by the entity that submitted the information;
2022/11/11
Committee: ECON
Amendment 196 #

2021/0378(COD)

Proposal for a regulation
Article 8 – paragraph 2 – subparagraph 1
ESMA may, however, charge fees for specific services that involve searches for a very large volume of information or for frequently updated information and when those services are for commercial re-use of data. Those fees shall not exceed the cost incurred by ESMA for the provision of the service.
2022/11/11
Committee: ECON
Amendment 199 #

2021/0378(COD)

Proposal for a regulation
Article 8 – paragraph 2 a (new)
2 a. ESMA shall make publicly and easily accessible the circumstances of commercial re-use of data linked to the thresholds of volumes of information and frequencies above which the fees referred in paragraph 2 shall apply.
2022/11/11
Committee: ECON
Amendment 208 #

2021/0378(COD)

Proposal for a regulation
Article 10 – paragraph 1
1. ESMA shall perform automatedt least every six months automated periodic validations to verify compliance of the information submitted by the collection bodies with the requirements laid down in Article 5(1), point (b).
2022/11/11
Committee: ECON
Amendment 210 #

2021/0378(COD)

Proposal for a regulation
Article 10 – paragraph 2 a (new)
2 a. ESMA shall apply procedures to verify the completeness and accuracy of the information submitted by the collection bodies. ESMA may also perform additional data quality, integrity, and proof of origin checks, and may notify and suspend publication of information depending on the results of these checks.
2022/11/11
Committee: ECON
Amendment 211 #

2021/0378(COD)

2 b. ESMA shall reject information submitted by entities in each of the following cases: (a) where the automated validations referred to in paragraph 1, point (b), reveal that the information does not comply with the requirements laid down in paragraph 1, point (b); (b) where the information is manifestly inappropriate, abusive, or clearly outside the scope of the information referred to in Article 1(1).
2022/11/11
Committee: ECON
Amendment 212 #

2021/0378(COD)

Proposal for a regulation
Article 11 – paragraph 1 – point a a (new)
(a a) ensure that the information made available on the ESAP is complete and accurate
2022/11/11
Committee: ECON
Amendment 230 #

2021/0378(COD)

Proposal for a regulation
Annex I – Part A – point 21 a (new)
21 a. Regulation (EC) No xxxx/xxxx on European Green Bonds
2022/11/11
Committee: ECON
Amendment 234 #

2021/0378(COD)

Proposal for a regulation
Annex I – Part A – point 21 b (new)
21 b. Regulation (EC) No xxxx/xxxx on Markets in Crypto-Assets (MiCA)
2022/11/11
Committee: ECON
Amendment 235 #

2021/0378(COD)

Proposal for a regulation
Annex I – Part B – point 9 a (new)
9 a. Directive (EC) No xxxx/xxxx Corporate Sustainability Due Diligence
2022/11/11
Committee: ECON
Amendment 237 #

2021/0378(COD)

Proposal for a regulation
Annex I – Part B – point 11 a (new)
11 a. Directive (EC) No xxxx/xxxx establishing a framework for the recovery and resolution of insurance and reinsurance undertakings
2022/11/11
Committee: ECON
Amendment 485 #

2021/0342(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 11 a (new)
Regulation (EU) No 575/2013
Article 46 – paragraph 2 a (new)
(11 a) the following paragraph is inserted: "2a. Institutions shall exclude holdings of Common Equity Tier 1 instruments in ancillary services undertakings where the following conditions apply: (a) the undertaking is owned in a partnership between other institutions or entities in the financial sector; (b) the undertaking provides and develops data services primarily to the shareholders; (c) the partnership between shareholders put together the main part of the board of directors of the undertaking with representatives from the shareholders; (d) the shareholders of the undertaking possess the equity investment with the intention of establishing a long term business relationship; (e) acquisition of equity in the undertaking must be approved by the management of the shareholder. These holdings shall be subject to a risk weight of 100 percent. For the purposes of this Article, a long- term equity investment follows the definition in Article 133(4)."
2022/08/11
Committee: ECON
Amendment 501 #

2021/0342(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 12 a (new)
Regulation (EU) No 575/2013
Article 48 – paragraph 1 a (new)
(12 a) in Article 48, the following paragraph is inserted: "1a. Institutions shall exclude holdings of Common Equity Tier 1 instruments in ancillary services undertakings where the following conditions apply: (a) the undertaking is owned in a partnership between other institutions or entities in the financial sector; (b) the undertaking provides and develops data services primarily to the shareholders; (c) the partnership between shareholders put together the main part of the board of directors of the undertaking with representatives from the shareholders; (d) the shareholders of the undertaking possess the equity investment with the intention of establishing a long term business relationship; (e) acquisition of equity in the undertaking must be approved by the management of the shareholder. For the purposes of this Article, a long- term equity investment follows the definition in Article 133(4). These holdings shall be subject to a risk weight of 100 percent."
2022/08/11
Committee: ECON
Amendment 1412 #

2021/0342(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 199
Regulation (EU) No 575/2013
Article 495a – paragraph 3 a (new)
3 a. By way of derogation from Article 133, institutions may continue to assign the same risk weight that was applicable as of [OP please insert the date = one day before the date of entry into force of this amending Regulation] to equity exposures to entities of which they have been a shareholder at [adoption date] for six consecutive years and meet the following conditions: - The entity is owned in a partnership between other institutions or entities in the financial sector - The entity is a credit institution or a financial institution -The shareholders buy or convey services or products produced by the entity - The partnership between shareholders put together the main part of the board of directors of the entity with rep- resentatives from the shareholders - The shareholders of the entity possess the equity investment with the intention om establishing a long term business relationship - Acquisition of equity in the entity must be approved by the management of the shareholder institutions or entities in the financial sector. For the purposes of this Article, a long term equity investment follows the definition in article 133(4).
2022/08/18
Committee: ECON
Amendment 228 #

2021/0250(COD)

Proposal for a directive
Recital 6
(6) Specific money laundering and terrorist financing threats, risks and vulnerabilities affecting certain economic sectors at national level diminish in distinct manners Member States ability to contribute to the integrity and soundness of the Union financial system. As such, it is appropriate to allow Member States, upon identification of such sectors and specific risks to decide to apply AML/CFT requirements to additional sectors than those covered by Regulation [please insert reference – proposal for Anti-Money Laundering Regulation]. With a view to preserving the effectiveness of the internal market and the Union AML/CFT system, the Commission should be able, with the support of AMLA, to assess whether the intended decisions of the Member States to apply AML/CFT requirements to additional sectors are justified. In cases where the best interests of the Union would be achieved at Union level as regards specific sectors, the Commission should inform that Member State that it intends to take action at Union level instead and the Member State should abstain from taking the intended national measures.
2022/06/27
Committee: ECONLIBE
Amendment 234 #

2021/0250(COD)

Proposal for a directive
Recital 7
(7) In light of the specific anti-money laundering vulnerabilities that have been witnessed in the electronic money issuing, the payment services and the crypto-assets service providing industry, it should be possible for Member States toshould require that those providers established on their territory in forms other than a branch and the head office of which is situated in another Member State appoint a central contact point. Such a central contact point, acting on behalf of the appointing institution, should ensure the establishments' compliance with AML/CFT rules.
2022/06/27
Committee: ECONLIBE
Amendment 235 #

2021/0250(COD)

(8) Supervisors should ensure that, with regard to currency exchange offices, cheque cashing offices, trust or company service providers or gambling service providers, the persons who effectively manage the business of such entities and the beneficial owners of such entities act with honesty, good faith and integrity and possess proven knowledge and expertise necessary to carry out their functions. The criteria for determining whether or not a person complies with those requirements should, as a minimum, reflect the need to protect such entities from being misused by their managers or beneficial owners for criminal purposes.
2022/06/27
Committee: ECONLIBE
Amendment 245 #

2021/0250(COD)

Proposal for a directive
Recital 16
(16) The FATF has developed standards for jurisdictions to identify, and assess the risks of potential non-implementation or evasion of the proliferation financing- related targeted financial sanctions, and to take action to mitigate those risks. Those new standards introduced by the FATF do not substitute nor undermine the existing strict requirements for countries to implement targeted financial sanctions to comply with the relevant United Nations Security Council Regulations relating to the prevention, suppression and disruption of proliferation of weapons of mass destruction and its financing. Those existing obligations, as implemented at Union level by Council Decisions 2010/413/CFSP26 and (CFSP) 2016/84927 as well as Council Regulations (EU) 267/201228 and (EU) 2017/150929 , remain strict rule-based obligations binding on all natural and legal persons within the Union. _________________ 26 2010/413/CFSP: Council Decision of 26 July 2010 concerning restrictive measures against Iran and repealing Common Position 2007/140/CFSP (OJ L 195, 27.7.2010, p. 39). 27 Council Decision (CFSP) 2016/849 of 27 May 2016 concerning restrictive measures against the Democratic People's Republic of Korea and repealing Decision 2013/183/CFSP (OJ L 141, 28.5.2016, p. 79). 28 Council Regulation (EU) No 267/2012 of 23 March 2012 concerning restrictive measures against Iran and repealing Regulation (EU) No 961/2010 (OJ L 88, 24.3.2012, p. 1). 29 Council Regulation (EU) 2017/1509 of 30 August 2017 concerning restrictive measures against the Democratic People's Republic of Korea and repealing Regulation (EC) No 329/2007 (OJ L 224, 31.8.2017, p. 1).
2022/06/27
Committee: ECONLIBE
Amendment 247 #

2021/0250(COD)

Proposal for a directive
Recital 17
(17) In order to reflect the latest developments at international level, a requirement has been introduced by this Directive to identify, understand, manage and mitigate risks of potential non- implementation or evasion of proliferation financing-related targeted financial sanctions at Union level and at Member State level.
2022/06/27
Committee: ECONLIBE
Amendment 248 #

2021/0250(COD)

Proposal for a directive
Recital 18
(18) Central registers of beneficial ownership information are crucial in combating the misuse of legal entities. To ensure that the registers of beneficial ownership information are easily accessible and contain high-quality data, consistent rules on the collection and storing of this information should be introduced. Central registers need to be accessible to the public, in a readily usable, machine readable format.
2022/06/27
Committee: ECONLIBE
Amendment 261 #

2021/0250(COD)

Proposal for a directive
Recital 22
(22) The accuracy of data included in the beneficial ownership registers is fundamental for all of the relevant authorities and other persons allowed access to that data, and to make valid, lawful decisions based on that data. Therefore, where sufficient reasons arise, after careful analysis by the registrars, to doubt the accuracy of the beneficial ownership information held by the registers, legal entities and legal arrangements should be required to provide additional information on a risk-sensitive basis. In addition, it is important that Member States entrust the entity in charge of managing the registers with sufficient powersthe obligation to verify beneficial ownership and the veracity of information provided to it, and to report any suspicion to their FIU. Such powThe powers of entities in charge of managing the registers should extend to the conduct of inspections at the premises of the legal entities.
2022/06/27
Committee: ECONLIBE
Amendment 271 #

2021/0250(COD)

Proposal for a directive
Recital 28
(28) Public access to beneficial ownership information can allow greater scrutiny of information by civil society, including by the press or civil society organisations, and contributes to preserving trust in the integrity of the financial system. It can contribute to combating the misuse of corporate and other legal entities and legal arrangements for the purposes of money laundering or terrorist financing, both by helping investigations and through reputational effects, given that anyone who could enter into a business relationship is aware of the identity of the beneficial owners. It may also facilitate the timely and efficient availability of information for obliged entities as well as authorities of third countries involved in combating such offences. The access to that information would also help investigations on money laundering, associated predicate offences and terrorist financing. Therefore, Member States need to provide free access to the public in a readily usable, machine readable format, to the beneficial ownership registers for companies, trusts, and other legal arrangements.
2022/06/27
Committee: ECONLIBE
Amendment 273 #

2021/0250(COD)

Proposal for a directive
Recital 30
(30) Confidence in financial markets from investors and the general public depends in large part on the existence of an accurate disclosure regime that provides transparency in the beneficial ownership and control structures of corporate and other legal entities as well as certain types of trusts and similar legal arrangements. Member States should therefore allow access to beneficial ownership information in a sufficiently coherent and coordinated way, by establishing confidence rules of access by the public, so that third parties are able to ascertain, throughout the Union, who are the beneficial owners of corporate and other legal entities as well as, provided that there is a legitimate interest, of certain types of trusts and similar legal arrangements.
2022/06/27
Committee: ECONLIBE
Amendment 277 #

2021/0250(COD)

Proposal for a directive
Recital 32
(32) In case of express trusts and similar legal arrangements, the information should be accessible to any member of the general public, provided that the legitimate interest can be demonstrated. This should include situations where natural or legal persons file a request in relation to a trust or similar legal arrangement which holds or owns a controlling interest in a legal entity incorporated or created outside the Union through direct or indirect ownership, including through bearer shareholding, or through control via other means. The interpretation of the legitimate interest by the Member States should not restrict the concept of legitimate interest to cases of pending administrative or legal proceedings, and should enable to take into account the preventive work in the field of anti-money laundering and its predicate offences and counter-terrorist financing undertaken by non- governmental organisations and investigative journalists. While trusts and other legal arrangements can be used in complex corporate structures, their primary objective remains the management of individual wealth. In order to adequately balance the legitimate aim of preventing the use of the financial system for the purposes of money laundering or terrorist financing, which public scrutiny enhances, and the protection of fundamental rights of individuals, in particular the right to privacy and protection of personal data, it is necessary to provide for the demonstration of a legitimate interest in accessing beneficial ownership information of trusts and other legal arrangements.
2022/06/27
Committee: ECONLIBE
Amendment 280 #

2021/0250(COD)

Proposal for a directive
Recital 35
(35) Moreover, with the aim of ensuring a proportionate and balanced approach and to guarantee the rights to private life and personal data protection, it should be possible for Member States to provide for exemptions to the disclosure of the personal information on the beneficial owner through the registers of beneficial ownership information and to access to such information, in exceptional circumstances, where that information would expose the beneficial owner to a disproportionate risk of fraud, kidnapping, blackmail, extortion, harassment, violence or intimidation. It should also be possible for Member States to require online registration in order to identify any person who requests informBy default, central registers need to be accessible to the public in open repositories and made available for bulk downloads in machine- readable formats. Application fprom the register, as well as the payment of a fee forgramming Interfaces (API’s) should be strongly encouraged to facilitate re- useability. Pursuant to article 18 of the Treaty on the Functioning of the European Union, access to the information in the register. contained in central registers cannot be prohibited on ground of nationality or residency.
2022/06/27
Committee: ECONLIBE
Amendment 287 #

2021/0250(COD)

Proposal for a directive
Recital 37
(37) Through the interconnection of Member States’ beneficial ownership registers, both national and cross-border access to information on the beneficial ownership of legal arrangements contained in each Member State’s register should be granted based on the definition of legitimate interest, by virtue of a decision taken by the relevant entity of that Member State. To avoid that decisions on limiting access to beneficial ownership information which are not justified cannot be reviewed, appeal mechanisms against such decisions should be established. With a view to ensuring coherent and efficient registration and information exchange, Member States should ensure that their entity in charge of the register cooperates with its counterparts in other Member States, sharing information concerning trusts and similar legal arrangements governed by the law of one Member State and administered in another Member State.
2022/06/27
Committee: ECONLIBE
Amendment 288 #

2021/0250(COD)

Proposal for a directive
Recital 38
(38) Regulation (EU) 2016/679 of the European Parliament and of the Council31 applies to the processing of personal data for the purposes of this Directive. Natural persons whose personal data are held in national registers as beneficial owners should be informed about the applicable data protection rules. Furthermore, only personal data that is up to date and corresponds to the actual beneficial owners should be made available and the beneficiaries should be informed about their rights under the Union legal data protection framework and the procedures applicable for exercising those rights. In addition, to prevent the abuse of the information contained in the registers and to balance out the rights of beneficial owners, Member States might find it appropriate to consider making information relating to the requesting person along with the legal basis for their request available to the beneficial owner. _________________ 31 Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 4.5.2016, p. 1).
2022/06/27
Committee: ECONLIBE
Amendment 294 #

2021/0250(COD)

Proposal for a directive
Recital 44
(44) RLand and real estate is an attractive commodity for criminals to launder the proceeds of their illicit activities, as it allows obscuring the true source of the funds and the identity of the beneficial owner. Proper and timely identification of natural or legal person owning real estate by FIUs and other competent authorities is important both for detecting money laundering schemes as well as for freezing, seizing and confiscation of assets, most in particular in the case of targeted financial sanctions. It is therefore important that Member States provide FIUs and competent authorities with access to information which allows the identification in a timely manner of natural or legal person owning real estate and information relevant for the identification of the risk and suspicion of the transaction. Member should set-up centralised land and real estate registries to effectively put an end to real estate or land as a means to launder money. These registers should be interconnected via the real estate data (RED) single access point to be developed and operated by the Commission.
2022/06/27
Committee: ECONLIBE
Amendment 298 #

2021/0250(COD)

Proposal for a directive
Recital 44 a (new)
(44a) High value goods other than real estate can be attractive commodities for criminals to launder the proceeds of their illicit activities such as artwork, yachts, private jets, luxurious watches, and luxury cars. Member States should provide for systems to aggregate information on ownership of those goods. Proper and timely identification of natural persons who are beneficial owners of those goods or assets by FIUs and other competent authorities is important both for detecting money laundering schemes and for freezing and seizing assets in the framework of targeted financial sanctions. It is therefore important for Member States to provide FIUs and competent authorities with access to information which allows the identification in a timely manner of natural or beneficial ownership of these high value goods and to information relevant for the identification of the risk and suspicion of transactions. The traceability of such assets will also constitute positive spillovers in other areas such as the protection of high value cultural goods from organised crime. These registers or electronic retrieval systems should be interconnected via the European assets data (EAD) single access point to be developed and operated by the Commission.
2022/06/27
Committee: ECONLIBE
Amendment 301 #

2021/0250(COD)

Proposal for a directive
Recital 44 a (new)
(44a) An electronic system integrating information on beneficial ownership, bank account and crypto-asset wallets, land and real estate, and beneficial ownership data of relevant high value goods or assets should be established through a single interface. For this purpose, technical measures and specifications should be developed.
2022/06/27
Committee: ECONLIBE
Amendment 303 #

2021/0250(COD)

(45) All Member States have, or should, set up operationally independent and autonomous FIUs to collect and analyse the information which they receive with the aim of establishing links between suspicious transactions and underlying criminal activity in order to prevent and combat money laundering and terrorist financing. The FIU should be the single central national unit responsible for the receipt and analysis of suspicious transaction reports, reports on cross-border physical movements of cash through the customs information system and on payments in cash above a certain threshold as well as other information relevant to money laundering, its predicate offences or terrorist financing submitted by obliged entities. Operational independence and autonomy of the FIU should be ensured by granting the FIU the authority and capacity to carry out its functions freely, including the ability to take autonomous decisions as regards analysis, requests and dissemination of specific information. In all cases, the FIU should have the independent right to forward or disseminate information to competent authorities. The FIU should be provided with adequate financial, human and technical resources, in a manner that secures its autonomy and independence and enables it to exercise its mandate effectively. The FIU should be able to obtain and deploy the resources needed to carry out its functions, on an individual or routine basis, free from any undue political, government or industry influence or interference, which might compromise its operational independence.
2022/06/27
Committee: ECONLIBE
Amendment 306 #

2021/0250(COD)

Proposal for a directive
Recital 47
(47) The powers of FIUs include the right to access directly or indirectly the ‘financial’, ‘administrative’ and ‘law enforcement’ information that they require in order to combat money laundering, its associated predicate offences and terrorist financing. The lack of definition of what types of information these general categories include has resulted in FIUs having been granted with access to considerably diversified sets of information which has an impact on FIUs’ analytical functions as well as on their capacity to cooperate effectively with their counterparts from other Member States. It is therefore necessary to define the minimum sets of ‘financial’, ‘administrative’ and ‘law enforcement’ information that should be made directly or indirectly available to every FIU across the Union. Moreover, FIUs should be able to obtain swiftly from any obliged entity all necessary information relating to their functions. An FIU should also be able to obtain such information upon request made by another FIU and to exchange that information with the requesting FIU.
2022/06/27
Committee: ECONLIBE
Amendment 310 #

2021/0250(COD)

Proposal for a directive
Recital 49
(49) For the purposes of greater transparency and accountability and to increase awareness with regard to their activities, FIUs should issue activity reports on an annual basis. These reports should at least provide statistical data in relation to the suspicious transaction reports received, the number of disseminations made to national competent authorities, the number of requests submitted to and received by other FIUs as well as information on trends and typologies identified. This report should be made public except for the elements which contain sensitive and classified information. At regular intervals, and at least once annually, the FIU should provide obliged entities with feedback on the quality of suspicious transaction reports, their timeliness, the description of suspicion and any additional documents provided. Such feedback can be provided to individual obliged entities or groups of obliged entities and should aim to further improve the obliged entities’ ability to detect and identify suspicious transactions and activities and enhance the overall reporting mechanisms.
2022/06/27
Committee: ECONLIBE
Amendment 311 #

2021/0250(COD)

Proposal for a directive
Recital 50
(50) The purpose of the FIU is to collect and analyse the information which they receive with the aim of establishing links between suspicious transactions and underlying criminal activity in order to prevent and combat money laundering and terrorist financing, and to disseminate the results of its analysis as well as additional information to the competent authorities where there are grounds to suspect money laundering, associated predicate offences or financing of terrorism. An FIU should not refrain from or refuse the exchange of information to another FIU, spontaneously or upon request, for reasons such as a lack of identification of an associated predicate offence, features of criminal national laws and differences between the definitions of associated predicate offences or the absence of a reference to particular associated predicate offences. Similarly, an FIU should grant its prior consent to another FIU to forward the information to other competent authorities regardless of the type of possible associated predicate offence in order to allow the dissemination function to be carried out effectively. FIUs have reported difficulties in exchanging information based on differences in national definitions of certain predicate offences, such as tax crimes, which are not harmonised by Union law. Such differences should not hamper the mutual exchange, the dissemination to other competent authorities and the use of that information. FIUs should rapidly, constructively and effectively ensure the widest range of international cooperation with third countries’ FIUs in relation to money laundering, associated predicate offences and terrorist financing in accordance with the applicable data protection rules for data transfers, FATF Recommendations and Egmont Principles for Information Exchange between Financial Intelligence Units.
2022/06/27
Committee: ECONLIBE
Amendment 341 #

2021/0250(COD)

Proposal for a directive
Article 1 – paragraph 1 – point a
(a) measures applicable to sectors exposed to money laundering and terrorist financing at national and Union level;
2022/06/27
Committee: ECONLIBE
Amendment 342 #

2021/0250(COD)

Proposal for a directive
Article 1 – paragraph 1 – point c
(c) the set-up and access to information on beneficial ownership, bank account s, land or real estate registers and other asset registries;
2022/06/27
Committee: ECONLIBE
Amendment 346 #

2021/0250(COD)

Proposal for a directive
Article 2 – paragraph 2 – point 8 a (new)
(8a) "relevant high value goods or assets” means the following tangible or intangible assets, provided their estimated value is above EUR 250.000 or the equivalent in national currency, at the time of acquisition: (a) watercrafts; (b) aircrafts; (c) motor vehicles; (d) works of art and other cultural goods, including virtual ones; (e) jewellery, precious metals and stones; (f) financial and insurance products and crypto-assets.
2022/06/27
Committee: ECONLIBE
Amendment 347 #

2021/0250(COD)

Proposal for a directive
Article 2 – paragraph 2 – point 8 a (new)
(8a) ‘predicate offence’ means criminal activity as defined in Article 2, point 3, of Regulation [please insert reference – proposal for Anti-Money Laundering Regulation - COM/2021/420 final].
2022/06/27
Committee: ECONLIBE
Amendment 351 #

2021/0250(COD)

Proposal for a directive
Article 3 – paragraph 1
1. Where the national risk assessment carried out by Member States pursuant to Article 8 identifies, the received information from FIUs in other Member States signals, and upon advice from AMLA, that, in addition to obliged entities, entities in other sectors are exposed to money laundering and terrorist financing risks, Member States may decide toshould apply the requirements of Regulation [please insert reference – proposal for Anti-Money Laundering Regulation - COM/2021/420 final] to those additional entities.
2022/06/27
Committee: ECONLIBE
Amendment 357 #

2021/0250(COD)

Proposal for a directive
Article 3 – paragraph 4 – point b
(b) may create obstacles to the rule of law and the free movement of services or capital or to the freedom of establishment of service operators within the internal market which are not proportionate to the money laundering and terrorist financing risks the measure aims to mitigate.
2022/06/27
Committee: ECONLIBE
Amendment 358 #

2021/0250(COD)

Proposal for a directive
Article 3 – paragraph 6
6. Where the Commission indicates its intention to propose action at Union level, the Member State concerned shall abstain from adopting the national measures referred to in paragraph 2, point (c).deleted
2022/06/27
Committee: ECONLIBE
Amendment 359 #

2021/0250(COD)

Proposal for a directive
Article 4 – title
Requirements relating to certain service providerobliged entities
2022/06/27
Committee: ECONLIBE
Amendment 365 #

2021/0250(COD)

Proposal for a directive
Article 4 – paragraph 2 a (new)
2a. Member States shall ensure that the procedures for licensing currency exchange and cheque cashing offices and trusts or company service providers and the requirements under national law for entering regulated professions that are obliged entities as referred to in Article 3 point 3 of [please insert reference – proposal for Anti-Money Laundering Regulation - COM/2021/420 final] require applicants to demonstrate a good understanding of the risks of money laundering and terrorism financing in their sector of activity. Member States shall ensure that AML/CFT training, provided either by obliged entities or supervisors, is accessible to applicants.
2022/06/27
Committee: ECONLIBE
Amendment 367 #

2021/0250(COD)

Proposal for a directive
Article 4 a (new)
Article 4a Requirements relating to the collection of beneficial ownership data of relevant high value goods or assets 1. Member States shall ensure that the following natural or legal persons acting in the exercise of their professional activities provide beneficial ownership information relating to their customers who own or acquire relevant high value goods or assets to the entities in charge of the registers referred to in Article 16a point (2), in addition to information referred to in point 3 of the same Article, where appropriate: (a) central securities depositories, insurance undertakings and insurance intermediaries; (b) persons trading in jewellery, precious metals and stones; (c) other persons trading in relevant high value goods such auction houses, art dealers; (d) persons storing, trading or acting as intermediaries in the trade of relevant high value goods when this is carried out within free zones and customs warehouses; (e) crypto-asset service providers. 2. Member States shall ensure that the obliged entities referred to in point (1) provide beneficial ownership information to the entities in charge of the registers referred to in Article 16a point (2) no longer than 14 days after the establishment of the business relationship. 3. Where national law of Member States already provides for specific procedures for the registration of acquisition or ownership of specific relevant high value goods or assets, including through registers or data retrieval systems, Member States may leave those procedures and systems in place, provided that beneficial ownership information is available in equivalent terms as those laid down in this Article.
2022/06/27
Committee: ECONLIBE
Amendment 369 #

2021/0250(COD)

Proposal for a directive
Article 5 – paragraph 1
1. Member States mayshall require electronic money issuers as defined in Article 2(3) of Directive 2009/110/EC44 , payment service providers as defined in Article 4(11) of Directive (EU) 2015/2366 and crypto-assets service providers operating through agents or through any other natural person or legal person which act on their behalf located in the host Member State and operating under either the right of establishment or the freedom to provide services, and whose head office is situated in another Member State, to appoint a central contact point in their territory. That central contact point shall ensure, on behalf of the entity operating on a cross-border basis, compliance with AML/CFT rules and shall facilitate supervision by supervisors, including by providing supervisors with documents and information on request. _________________ 44 Directive 2009/110/EC of the European Parliament and of the Council of 16 September 2009 on the taking up, pursuit and prudential supervision of the business of electronic money institutions amending Directives 2005/60/EC and 2006/48/EC and repealing Directive 2000/46/EC (OJ L 267, 10.10.2009, p. 7).
2022/06/27
Committee: ECONLIBE
Amendment 374 #

2021/0250(COD)

Proposal for a directive
Article 6 – paragraph 1
1. Member States shall require supervisors to verify that the members of the senior management in the obliged entities referred to in Article 4, and the beneficial owners of such entities, act with good faith, honesty and integrity. Senior management of such entities should also possessall possess a clean criminal record, also be of good repute and possess proven knowledge and expertise necessary to carry out their functions.
2022/06/27
Committee: ECONLIBE
Amendment 376 #

2021/0250(COD)

Proposal for a directive
Article 6 – paragraph 3
3. Member States shall ensure that supervisors verify at regular intervals and on a risk-sensitive basis whether the requirements of paragraphs 1 and 2 continue to be met. In particular, they shall verify whether the senior management acts with good faith, honesty and integrity and possesses proven knowledge and expertise necessary to carry out their functions in cases where there are reasonable grounds to suspect that money laundering or terrorist financing is being or has been committed or attempted, or there is increased risk thereof in an obliged entity.
2022/06/27
Committee: ECONLIBE
Amendment 377 #

2021/0250(COD)

Proposal for a directive
Article 6 – paragraph 4
4. SMember States shall ensure that supervisors shall have the power to request the removal of any person convicted of money laundering, any of its predicate offences or terrorist financing from the management role of the obliged entities referred to in paragraphs 1 and 2. Supervisors shall have the power to remove members of the senior management that are not deemed to act with good faith, honesty and integrity and possess proven knowledge and expertise necessary to carry out their functions. In the case where no management role exists in obliged entities, supervisors shall have the power to suspend their licence to exercise their activity where it has been deemed that they are not of good repute, have not acted with honesty and integrity or do not possess knowledge and expertise necessary to carry out their functions.
2022/06/27
Committee: ECONLIBE
Amendment 379 #

2021/0250(COD)

Proposal for a directive
Article 6 – paragraph 4 a (new)
4a. Member States shall ensure that supervisors have the power to request the suspension of any person from the management role of an obliged entity as referred to in paragraphs 1 and 2 or, in the case where no management role exists in obliged entities, the suspension of their licence to exercise the activity, where there are reasonable grounds to suspect or where there is an increased risk that money laundering or terrorist financing is being or has been committed or attempted in connection with that obliged entity.
2022/06/27
Committee: ECONLIBE
Amendment 381 #

2021/0250(COD)

Proposal for a directive
Article 6 – paragraph 5
5. Where the person convicted of money laundering, any of its predicate offences or terrorist financing is the beneficial owner of an obliged entity referred to in paragraph 2, Member States shall ensure that such persons can bare disassociated from any obliged entity, including by granting supervisors the power to request the divestment of the holding by the beneficial owner in an obliged entity.
2022/06/27
Committee: ECONLIBE
Amendment 384 #

2021/0250(COD)

Proposal for a directive
Article 6 – paragraph 6 a (new)
6a. Member States shall ensure that decisions taken by supervisors under this Article are subject to administrative appeal and to an effective judicial remedy.
2022/06/27
Committee: ECONLIBE
Amendment 385 #

2021/0250(COD)

Proposal for a directive
Article 6 – paragraph 6 b (new)
6b. By [2 years after the date of transposition of this Directive], AMLA shall issue guidelines on the elements to be taken into account by supervisors when assessing whether: (a) the senior managers and the beneficial owners of obliged entities referred to in paragraph 1 and 2 act with good faith, honesty and integrity; (b) the senior management of obliged entities referred to in paragraph 1 and 2 are of good repute and possess proven knowledge and expertise necessary to carry out their functions. (c) there are reasonable grounds to suspect or there is an increased risk that money laundering or terrorist financing is being or has been committed or attempted, or there is increased risk thereof in connection with the obliged entity; When drawing up the guidelines referred to in the first subparagraph of this Article, AMLA shall take into account the specificities of each sector in which the obliged entities operate and of previous guidelines issued jointly by the European Securities and Market Authority and the European Banking Authority on the assessment of the suitability of members of the management body and key function holders under Directive 2013/36/EU and Directive 2014/65/EU of the European Parliament and of the Council.
2022/06/27
Committee: ECONLIBE
Amendment 386 #

2021/0250(COD)

Proposal for a directive
Article 6 – paragraph 6 c (new)
6c. For the purposes of this Article, Member States shall ensure that supervisors or any other authority competent at national level for assessing the appropriateness of persons as referred to in paragraphs 1 and 2 of this Article also consult the AMLA database of sanctions provided for in Article44(2).
2022/06/27
Committee: ECONLIBE
Amendment 387 #

2021/0250(COD)

Proposal for a directive
Article 7 – paragraph 1 – introductory part
1. The Commission shall conduct an assessment of the risks of money laundering and terrorist financing affecting the internal market and relating towith cross- border activitiespillovers.
2022/06/27
Committee: ECONLIBE
Amendment 390 #

2021/0250(COD)

Proposal for a directive
Article 7 – paragraph 1 – subparagraph 1
To that end, the Commission shall, at the latest by [42 years after the date of transposition of this Directive], draw up a report identifying, analysing and evaluating those risks at Union level. Thereafter, the Commission shall update its report every fourtwo years. The Commission may update parts of the report more frequently, if appropriate.
2022/06/27
Committee: ECONLIBE
Amendment 395 #

2021/0250(COD)

Proposal for a directive
Article 7 – paragraph 2 – point d
(d) the risks of non-implementation and evasion of proliferation financing- related targeted financial sanctions.
2022/06/27
Committee: ECONLIBE
Amendment 397 #

2021/0250(COD)

Proposal for a directive
Article 7 – paragraph 3
3. The Commission shall make recommendations to Member States on the measures suitable for addressing the identified risks. In the event that Member States decide not to apply any of the recommendations in their national AML/CFT regimes, they shall notify the Commission thereof and provide a justification for such a decision. If either the justification provided by a Member State is not deemed satisfactory with the purpose of ensuring a strong AML/CFT regimes across the Union or a Member State continues failing to enforce measures to comply with those recommendations, the Commission might additionally recommend that Member States require obliged entities to apply enhanced customer due diligence measures when dealing with natural persons or legal entities operating in a sector or carrying out activities which are identified to be at high risk of money laundering or terrorism financing.
2022/06/27
Committee: ECONLIBE
Amendment 402 #

2021/0250(COD)

Proposal for a directive
Article 7 – paragraph 4
4. By [3 years after the date of transposition of this Directive], AMLA shall issue an opinion addressed to the Commission on the risks of money laundering and terrorist financing affecting the Union. Thereafter, AMLA shall issue an opinion every two years. AMLA may issue opinions or updates of its previous opinions more frequently, if appropriate.
2022/06/27
Committee: ECONLIBE
Amendment 409 #

2021/0250(COD)

Proposal for a directive
Article 8 – paragraph 1 – introductory part
1. Each Member State shall carry out a national risk assessment to identify, assess, understand and mitigate the risks of money laundering and terrorist financing affecting it. It shall assess risk on a continuous basis, keep that risk assessment up to date and review it at least every four yearstwo years. Member States may decide to carry out a review of that risk assessment more frequently, if appropriate. In addition, they may carry out ad hoc sectoral risk assessments depending on the level of risk.
2022/06/27
Committee: ECONLIBE
Amendment 413 #

2021/0250(COD)

Proposal for a directive
Article 8 – paragraph 1 – subparagraph 1
Each Member State shall also take appropriate steps to identify, assess, understand and mitigate the risks of non- implementation and evasion of proliferation financing-related targeted financial sanctions.
2022/06/27
Committee: ECONLIBE
Amendment 415 #

2021/0250(COD)

Proposal for a directive
Article 8 – paragraph 2
2. Each Member State shall designate an authority or establish a mechanism to coordinate the national response to the risks referred to in paragraph 1. The identity of that authority or the description of the mechanism shall be notified to the Commission, AMLA, and other Member States. AMLA shall keep a repository of the designated authority or established mechanisms. If the mechanism is designated, in particular to coordinate responses at regional or local level, efficient and effective coordination shall be ensured between all the authorities involved.
2022/06/27
Committee: ECONLIBE
Amendment 424 #

2021/0250(COD)

Proposal for a directive
Article 8 – paragraph 4 – point b a (new)
(ba) improve the quality of its beneficial ownership, real estate and other registers;
2022/06/27
Committee: ECONLIBE
Amendment 425 #

2021/0250(COD)

Proposal for a directive
Article 8 – paragraph 4 – point b b (new)
(bb) identify the typical ownership and control structure of local legal persons, considering at least: (i) number of layers, (ii) type of legal vehicle in each layer (e.g. company, trust, or partnership), (iii) nationality of layers, (iv) number of legal owners and beneficial owners, and (v) their nationality and residence;
2022/06/27
Committee: ECONLIBE
Amendment 428 #

2021/0250(COD)

Proposal for a directive
Article 8 – paragraph 4 – point d
(d) decide on the allocation and prioritisation of resources to combat money laundering and terrorist financing as well as non-implementation and evasion of proliferation financing-related targeted financial sanctions;
2022/06/27
Committee: ECONLIBE
Amendment 430 #

2021/0250(COD)

Proposal for a directive
Article 8 – paragraph 4 – point f
(f) make appropriate information available promptly to competent authorities and to obliged entities to facilitate the carrying out of their own money laundering and terrorist financing risk assessments as well as the assessment of risks of evasion of proliferation financing- related targeted financial sanctions referred to in Article 8 of Regulation [please insert reference – proposal for Anti-Money Laundering Regulation - COM/2021/420 final].
2022/06/27
Committee: ECONLIBE
Amendment 436 #

2021/0250(COD)

Proposal for a directive
Article 8 – paragraph 4 – subparagraph 1
In the national risk assessment, Member States shall describe the institutional structure and broad procedures of their AML/CFT regime, including, inter alia, the FIU, tax authorities and prosecutors, as well as the allocated human and financial resources to the extent that this information is available.
2022/06/27
Committee: ECONLIBE
Amendment 442 #

2021/0250(COD)

Proposal for a directive
Article 8 – paragraph 5 a (new)
5a. The Commission and AMLA shall make recommendations to Member States on the measures suitable for addressing the identified risks. In the event that Member States decide not to apply any of the recommendations in their national AML/CFT regimes, they shall notify the Commission thereof and provide a justification for such a decision.
2022/06/27
Committee: ECONLIBE
Amendment 445 #

2021/0250(COD)

Proposal for a directive
Article 9 – paragraph 2 – point b
(b) data measuring the reporting, investigation and judicial phases of the national AML/CFT regime, including the number of and value of transactions involved in suspicious transaction reports made to the FIU, the follow-up given to those reports, the information on cross- border physical transfers of cash submitted to the FIU in accordance with Article 9 of Regulation (EU) 2018/1672 together with the follow-up given to the information submitted and, on an annual basis, the number of cases investigated, the number of persons prosecuted, the number of persons convicted for money laundering or terrorist financing offences, the types of predicate offences identified in accordance with Article 2 of Directive (EU) 2018/1673 of the European Parliament and of the Council45 where such information is available, and the value in euro of propertyassets that has been frozen, seized or confiscated; _________________ 45 Directive (EU) 2018/1673 of the European Parliament and of the Council of 23 October 2018 on combating money laundering by criminal law (OJ L 284, 12.11.2018, p. 22).
2022/06/27
Committee: ECONLIBE
Amendment 448 #

2021/0250(COD)

Proposal for a directive
Article 9 – paragraph 2 – point c
(c) if available, data identifying the number of suspicious transaction reports disseminated by the FIU to competent authorities, the number and percentage of reports resulting in further investigation, together with the annual report drawn up by FIUs pursuant to Article 21;
2022/06/27
Committee: ECONLIBE
Amendment 454 #

2021/0250(COD)

Proposal for a directive
Article 9 – paragraph 2 – point h a (new)
(ha) the number of discrepancies reported to the Central Register pursuant to Article 10, including measures or sanctions imposed by the entity in charge of the central register, number of on-site and off-site inspections, types of typical discrepancies and patterns identified in the verification process by entities in charge of the central register.
2022/06/27
Committee: ECONLIBE
Amendment 458 #

2021/0250(COD)

Proposal for a directive
Article 9 – paragraph 3 – introductory part
3. Member States shall ensure that the statistics referred to in paragraph 2 are collected and transmitted to the Commission on an annual basis. The statistics referred to in paragraph 2, points (a), (c), (d) and (f), shall also be transmitted to AMLA.
2022/06/27
Committee: ECONLIBE
Amendment 460 #

2021/0250(COD)

Proposal for a directive
Article 9 – paragraph 5
5. The Commission is empowered toshall adopt implementing acts laying down the methodology for the collection of the statistics referred to in paragraph 2 and the arrangements for their transmission to the Commission and AMLA. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 54(2).
2022/06/27
Committee: ECONLIBE
Amendment 463 #

2021/0250(COD)

Proposal for a directive
Article 9 – paragraph 6
6. The Commission shall publish a bien anniual report summarising and explaining the statistics referred to in paragraph 2, which shall be made available on its website.
2022/06/27
Committee: ECONLIBE
Amendment 466 #

2021/0250(COD)

Proposal for a directive
Article 10 – paragraph 1 – introductory part
1. Member States shall ensure that beneficial ownership information referred to in Article 44 of Regulation [please insert reference – proposal for Anti-Money Laundering Regulation - COM/2021/420 final] and information on nominee arrangements referred to in Article 47 of that Regulation is held in a central register in the Member State where the legal entity is incorporated or where the trustee or person holding an equivalent position in a similar legal arrangement is established or resides. Such requirement shall not apply to companies listed on a regulated market that are subject to disclosure requirements equivalent to the requirements laid down in this Directive or subject to equivalent international standards ensuring that one or more natural persons in control are disclosed.
2022/06/27
Committee: ECONLIBE
Amendment 468 #

2021/0250(COD)

Proposal for a directive
Article 10 – paragraph 1 – subparagraph 1
The beneficial ownership information contained in the central registers may be collected in accordance with national systems. Member States shall also ensure that beneficial ownership information of legal entities incorporated outside the Union or of express trusts or similar legal arrangements administered outside the Union are held in the central register under the conditions laid down in Article 48 of Regulation [(please insert reference - proposal for Anti-money Laundering Regulation - COM/2021/420 final].
2022/06/27
Committee: ECONLIBE
Amendment 474 #

2021/0250(COD)

Proposal for a directive
Article 10 – paragraph 2
2. Where there are reasons to doubt the accuracy of the beneficial ownership information held by the central registers, Member States shall ensure thatsuspend the registration, and any legal effects thereof, and require legal entities and legal arrangements are required to provide additional information on their beneficial ownership on a risk-sensitive basis, including resolutions of the board of directors and minutes of their meetings, partnership agreements, trust deeds, power of attorney or other contractual agreements and documentation.
2022/06/27
Committee: ECONLIBE
Amendment 480 #

2021/0250(COD)

Proposal for a directive
Article 10 – paragraph 3 – point a
(a) a statement accompanied by a legitimate justification, that there is no beneficial owner or that the beneficial owner(s) could not be identified and verified, and the rules according to which profit or shares are allocated within the corporate or legal entity;
2022/06/27
Committee: ECONLIBE
Amendment 489 #

2021/0250(COD)

Proposal for a directive
Article 10 – paragraph 4
4. The Commission is empowered toBy [1 year after the entry into force of this Directive] the Commission shall adopt, by means of implementing acts, the format for the submission of beneficial ownership information to the central register. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 54(2).
2022/06/27
Committee: ECONLIBE
Amendment 494 #

2021/0250(COD)

Proposal for a directive
Article 10 – paragraph 5 – introductory part
5. Member States shall require that theare responsible for beneficial ownership information held in the central registers is adequate, accurate and up-to-date. For that purpose, Member States shall apply at least the following requirements:
2022/06/27
Committee: ECONLIBE
Amendment 497 #

2021/0250(COD)

Proposal for a directive
Article 10 – paragraph 5 – point a a (new)
(aa) entities in charge of the central registers shall verify, when beneficial ownership is submitted and on a regular basis thereafter, that such information is adequate, accurate and up to date;
2022/06/27
Committee: ECONLIBE
Amendment 500 #

2021/0250(COD)

Proposal for a directive
Article 10 – paragraph 5 – point a b (new)
(ab) entities in charge of the central registers shall verify the accuracy of information, based on cross-checks against other public databases as well as lists related to targeted financial sanctions and accessible private databases;
2022/06/27
Committee: ECONLIBE
Amendment 508 #

2021/0250(COD)

Proposal for a directive
Article 10 – paragraph 5 a (new)
5a. Member States shall also ensure that the entity in charge of the beneficial ownership register verifies whether beneficial ownership information held in the register concerns persons or entities designated in relation to targeted financial sanctions. Such verification shall take place immediately upon the designation and at regular intervals.
2022/06/27
Committee: ECONLIBE
Amendment 518 #

2021/0250(COD)

Proposal for a directive
Article 10 – paragraph 7
7. Member States shall ensure that the entity in charge of the central registers takes appropriate actions to cease the discrepancies, including amending the information included in the central registers where the entity is able to identify and verify the beneficial ownership information. A specific mention of the fact that there are discrepancies reported shall be included in the central registers and visible at least to competent authorities and obliged entitiesto any person or entity granted access under Articles 11 and 12.
2022/06/27
Committee: ECONLIBE
Amendment 519 #

2021/0250(COD)

Proposal for a directive
Article 10 – paragraph 8
8. In the case of corporate and other legal entities and, where the trustee is an obliged entity as listed in Article, point(3)(a), (b) or (c) of Regulation [please insert reference - proposal for Anti-Money Laundering Regulation - COM/2021/420 final], legal arrangements, Member States shall ensure that the entity in charge of the central beneficial ownership register is empowered to request documents, carry out checks, including on-site investigations at the premises or registered office of the legal entity, at the premises of relevant obliged entities as listed in Article 3, point (3)(a) (b)or (c) of Regulation [please insert reference - proposal for Anti-Money Laundering Regulation - COM/2021/420 final], in accordance with national law, or at the premises of the legal entities’ representatives in the Union in order to establish the current beneficial ownership of the entity and to verify that the information submitted to the central register is accurate, adequate and up-to- date. The right of the central register to verify such information shall not be restricted, obstructed or precluded in any manner and the central register shall be empowered to request information from other entities, including in other Member States and third countries, in particular through the establishment of cooperation agreements.
2022/06/27
Committee: ECONLIBE
Amendment 527 #

2021/0250(COD)

Proposal for a directive
Article 10 – paragraph 8 a (new)
8a. Member States shall ensure that entities in charge of central registers have at their disposal necessary automated technology to carry out verifications as referred to in paragraphs 5 and 5a. Those verifications shall include, in particular, cross-checking beneficial ownership information with other public and private databases, checking supporting documents, detecting errors and inconsistencies, identifying patterns associated with legal entities being used for illicit purposes and carrying out occasional sample testing through a risk based approach. Verifications as referred to in this paragraph shall include measures to safeguard fundamental rights, such as human oversight and the avoidance of discriminatory outcomes.
2022/06/27
Committee: ECONLIBE
Amendment 529 #

2021/0250(COD)

Proposal for a directive
Article 10 – paragraph 8 b (new)
8b. Where a verification as referred to in paragraph 8a is carried out when the beneficial ownership information is submitted, and it leads an entity in charge of a central register to conclude that there are inconsistencies or errors in that information, or where that information otherwise fails to fulfil the requirements laid down in paragraph 5, Member States shall ensure that such entity is able to withhold the certification of registration and any legal effects thereof, in particular the legal constitution of the entity, until the beneficial owner information provided is in order.
2022/06/27
Committee: ECONLIBE
Amendment 534 #

2021/0250(COD)

Proposal for a directive
Article 10 – paragraph 9
9. Member States shall ensure that the entity in charge of the central register is empowered to impose effective, proportionate and dissuasive measures or sanctions for failures to provide the register with accurate, adequate and up-to-date information about their beneficial ownership. Sanctions shall include monetary penalties and restrictions in the access to certain professions and in the exercise of certain functions within a legal entity or arrangement, restrictions in the exercise of ownership rights of a legal entity or in the ability to receive dividends. In the event of repeated failures to ensure the register contains up-to-date, accurate and adequate information, sanctions shall be increased to ensure compliance. By [2 years after entry into force of this Directive], AMLA shall adopt draft regulatory technical standards regarding indicators to classify the level of gravity of breach and criteria for such repeated failures and submit them to the Commission for adoption. The Commission is empowered to supplement this Directive by adopting the regulatory standards referred to in the first subparagraph in accordance with Articles 38 to 41 of Regulation [please insert reference - proposal for establishment of an Anti-Money Laundering Authority - COM/2021/421 final].
2022/06/27
Committee: ECONLIBE
Amendment 536 #

2021/0250(COD)

Proposal for a directive
Article 10 – paragraph 10
10. Member States shall ensure that if, in the course of the checks carried out pursuant to this Article, or in any other way, the entities in charge of the beneficial ownership registers discover facts that could be related to money laundering or to terrorist financing, they shall promptly inform the FIU. In such a case, the Member States shall ensure that the entities in charge of the beneficial ownership registers inform the competent FIU within 48 hours of the facts discovered.
2022/06/27
Committee: ECONLIBE
Amendment 538 #

2021/0250(COD)

Proposal for a directive
Article 10 – paragraph 10 a (new)
10a. Entities in charge of central registers shall be operationally independent and autonomous and shall have the authority and capacity to carry out their functions free of political, government or industry influence or interference. Member States shall ensure that these entities in charge have adequate financial, human and technical resources in order to fulfil their tasks. Staff of those entities shall be of high integrity, be appropriately skilled and maintain high professional standards, including standards of confidentiality, data protection and standards addressing conflicts of interest.
2022/06/27
Committee: ECONLIBE
Amendment 540 #

2021/0250(COD)

Proposal for a directive
Article 10 – paragraph 10 b (new)
10b. Member States shall ensure that entities in charge of central registers have in place policies and procedures to ensure that employees or managers who report breaches of the requirements set out in this Article are legally protected, in accordance with Directive (EU) 2019/1937 of the European Parliament and of the Council, from being exposed to threats, retaliatory or hostile action and, in particular, adverse or discriminatory employment actions.
2022/06/27
Committee: ECONLIBE
Amendment 545 #

2021/0250(COD)

Proposal for a directive
Article 10 – paragraph 12 a (new)
12a. The European Commission shall periodically conduct peer reviews of some or all of the activities of entities in charge of central beneficial ownership registers for the purposes of assessing whether those entities have in place mechanisms to fulfil the requirements set out in this Article and carry out checks effectively in order to establish that beneficial ownership information held in the registers is accurate, adequate and up to date. The peer reviews shall be shared with AMLA. A summary of the peer reviews per Member State shall be made public.
2022/06/27
Committee: ECONLIBE
Amendment 547 #

2021/0250(COD)

Proposal for a directive
Article 11 – paragraph 1
1. Member States shall ensure that competent authorities have timely, and public procurement agencies have immediate, unrestricted and free access to the information held in the interconnected central registers referred to in Article 10, without alerting the entity or arrangement concerned.
2022/06/27
Committee: ECONLIBE
Amendment 553 #

2021/0250(COD)

Proposal for a directive
Article 11 – paragraph 2
2. Access to the central registers referred to in Article 10 shall be granted to FIUs, supervisory authorities, public authorities with designated responsibilities for combating money laundering or terrorist financing, as well as tax authorities and authorities that have the function of investigating or prosecuting money laundering, its predicate offences and terrorist financing, tracing and seizing or freezing and confiscating criminal assets. Self- regulatory bodies shall be granted access to the registers when performing supervisory functions.
2022/06/27
Committee: ECONLIBE
Amendment 558 #

2021/0250(COD)

Proposal for a directive
Article 11 – paragraph 3
3. Member States shall ensure that, when taking customer due diligence measures in accordance with Chapter III of Regulation [please insert reference – proposal for Anti-Money Laundering Regulation], obliged entities have timelyand agents or external service providers to which tasks are outsourced in accordance with Regulation have immediate access to the information held in the interconnected central registers referred to in Article 10.
2022/06/27
Committee: ECONLIBE
Amendment 561 #

2021/0250(COD)

Proposal for a directive
Article 11 – paragraph 4
4. By [3 months after the date of transposition of this Directive], Member States shall notify to the Commission the list of competent authorities and self- regulatory bodies and the categories of obliged entities that were granted access to the registers and the type of information available to obliged entities, as well as the beneficial ownership information that can be accessed by the public pursuant to Article 12. Member States shall update such notification when changes to the list of competent authorities or categories of obliged entities or to the extent of access granted to obliged entities or the public occur. The Commission shall make the information on the access by competent authorities and obliged entities, including any change to it, available to the other Member States and AMLA.
2022/06/27
Committee: ECONLIBE
Amendment 564 #

2021/0250(COD)

Proposal for a directive
Article 12 – paragraph 1 – point a
(a) in the case of legal entities or legal arrangements, at least the name, the month and year of birth and the country of residence and nationality of the beneficial owner as well as the nature and extent of the beneficial interest heldnd the nature and extent of the beneficial interest held and the date since they became beneficial owners and their status as a local or foreign politically exposed person (PEP) and the full ownership chain and the value or reason of the acquisition and if applicable the relationship with the former beneficial owner and the origin of the beneficial ownership as well as the links to any other legal vehicle related to the same beneficial owner, shareholder;
2022/06/27
Committee: ECONLIBE
Amendment 570 #

2021/0250(COD)

Proposal for a directive
Article 12 – paragraph 1 – point b
(b) in case of express trusts or similar legal arrangements, the name, the month and year of birth and the country of residence and nationality of the beneficial owner as well as the nature and extent of the beneficial interest held, provided that a legitimate interest can be demonstrated.
2022/06/27
Committee: ECONLIBE
Amendment 571 #

2021/0250(COD)

Proposal for a directive
Article 12 – paragraph 1 – subparagraph 1
In addition to the information listed in the first subparagraph, point (a), Member States may, under conditions to be determined in national law, provide for access to additional information necessary for the identificationshall provide for access to corporate contact details of the legal entity, express trust, similar legal arrangements, ofr the beneficial owner. That additional information shall include at least the date of birth or contact details in accordance with Union and Member State data protection rultrustee or person holding an equivalent position. Member States shall make the public access to the information as referred to in paragraph 1 subject to a declaration that the information will not be used, directly or indirectly, for marketing purposes.
2022/06/27
Committee: ECONLIBE
Amendment 576 #

2021/0250(COD)

Proposal for a directive
Article 12 – paragraph 2
2. Member States may choose toshall make beneficial ownership information, as referred to in paragraph 1, held in their central registers available to the public on the uncondition of authentication using electronic identification means and relevant trust services as set out in Regulation (EU) 910/2014 of the Eural, user-friendly, including opean Parliament and of the Council46 and the payment of a fee, which shall not exceed the administrative costs of making the information available, including costs of maintenance and developments of the register. _________________ 46 Regulation (EU) No 910/2014 of the European Parliament and of the Council of 23 July 2014 on electronic identification and trust services for electronic transactions in the internal market and repealing Directive 1999/93/EC (OJ L 257, 28.8.2014, p. 73)dataformat and available for bulk downloads in machine-readable formats, and free of charge.
2022/06/27
Committee: ECONLIBE
Amendment 581 #

2021/0250(COD)

Proposal for a directive
Article 13 – paragraph 1
In exceptional circumstances to be laid down in national law, where the access referred to in Articles 11(3) and 12(1) would expose the beneficial owner to disproportionate risk of fraud, kidnapping, blackmail, extortion, harassment, violence or intimidation, or where the beneficial owner is a minor or otherwise legally incapable, Member States may provide for an exemption from such access to all or part of the personal information on the beneficial owner on a case-by-case basis. Member States shall ensure that those exemptions are granted upon a detailed evaluation of the exceptional nature of the circumstances. Rights to an administrative review of the decision granting an exemption and to an effective judicial remedy shall be guaranteed. Member States shall ensure that the existing exemptions are reviewed every two years. A Member State that has granted exemptions shall publish annual statistical data on the number of exemptions granted and reasons stated and report the data to the Commission.
2022/06/27
Committee: ECONLIBE
Amendment 588 #

2021/0250(COD)

Proposal for a directive
Article 14 – paragraph 1 – introductory part
1. Member States shall put in place centralised automated mechanisms, such as a central registers or central electronic data retrieval systems, which allow the identification, in a timely manner, of any natural or legal persons holding or controlling payment accounts and bank accounts identified by IBAN, including virtual IBAN accounts, as defined by Regulation (EU) No 260/2012 of the European Parliament and of the Council47 , and safe-deposit boxes held by a credit institution within their territory. _________________ 47 Regulation (EU) No 260/2012 of the European Parliament and of the Council of 14 March 2012 establishing technical and business requirements for credit transfers and direct debits in euro and amending Regulation (EC) No 924/2009 (OJ L 94, 30.3.2012, p. 22).
2022/06/27
Committee: ECONLIBE
Amendment 600 #

2021/0250(COD)

Proposal for a directive
Article 14 – paragraph 6 – introductory part
6. Member States shall ensure that the information referred to in paragraph 3 is available through the single access point interconnecting the centralised automated mechanisms. Member States shall take adequate measures to ensure that only the information referred to in paragraph 3 that is up to date and corresponds to the actual bank account information is made available through their national centralised automated mechanisms and through the single access point interconnecting the centralised automated mechanisms referred to in this paragraph. Member States shall take adequate measures to ensure that the historical information on closed customer-account holders, bank or payment accounts and safe-deposit boxes is made available through their national centralised automated mechanisms and through the single access point interconnecting the centralised automated mechanisms referred to in this paragraph for a period of 5 years after the closure. The access to that information shall be granted in accordance with data protection rules. The access to that information shall be granted in accordance with data protection rules.
2022/06/27
Committee: ECONLIBE
Amendment 602 #

2021/0250(COD)

Proposal for a directive
Article 14 – paragraph 6 – subparagraph 1
The other information that Member States consider essential for FIUs and other competent authorities pursuant to paragraph 4 shall not be accessible and searchable through the single access point interconnecting the centralised automated mechanisms.deleted
2022/06/27
Committee: ECONLIBE
Amendment 604 #

2021/0250(COD)

Proposal for a directive
Article 14 – paragraph 7 – introductory part
7. National FIUs shall be granted immediate and unfiltered access to the information on payment and bank accounts and safe-deposit boxes as referred in this Article in other Member States available through the single access point interconnecting the centralised automated mechanisms. Member States shall cooperate among themselves and with the Commission in order to implement this paragraph.
2022/06/27
Committee: ECONLIBE
Amendment 608 #

2021/0250(COD)

Proposal for a directive
Article 15 – paragraph 1 – introductory part
1. Where necessary, the Commission is empowered toThe Commission shall adopt, by means of implementing acts, technical specifications and procedures necessary to provide for the interconnection of Member States’ central registers in accordance with Article 10(11) with regard to:
2022/06/27
Committee: ECONLIBE
Amendment 611 #

2021/0250(COD)

Proposal for a directive
Article 15 – paragraph 1 – point b
(b) the common criteria according to which beneficial ownership information is available through the system of interconnection of registers, depending on the level of access granted by Member States;
2022/06/27
Committee: ECONLIBE
Amendment 613 #

2021/0250(COD)

Proposal for a directive
Article 15 – paragraph 1 – point c
(c) the technical details on how the information on beneficial owners is to be made available, in accordance with Article 12a;
2022/06/27
Committee: ECONLIBE
Amendment 614 #

2021/0250(COD)

Proposal for a directive
Article 15 – paragraph 1 – point e
(e) the technical modalities to implement the different types of access to information on beneficial ownership in accordance with Articles 11 and 12 of this Directive, including the authentication of users through the use of electronic identification means and relevant trust services as set out in Regulation (EU) 910/2014;
2022/06/27
Committee: ECONLIBE
Amendment 620 #

2021/0250(COD)

Proposal for a directive
Article 15 – paragraph 1 – point f
(f) the payment modalities where access to beneficial ownership information is subject to the payment of a fee according to Article 12(2) taking into account available payment facilities such as remote payment transactions.deleted
2022/06/27
Committee: ECONLIBE
Amendment 621 #

2021/0250(COD)

Proposal for a directive
Chapter II – Section 3 – title
3 Real estateImmovable, financial and movable goods registers
2022/06/27
Committee: ECONLIBE
Amendment 625 #

2021/0250(COD)

Proposal for a directive
Article 16 – title
16 RLand and real estate registers
2022/06/27
Committee: ECONLIBE
Amendment 628 #

2021/0250(COD)

Proposal for a directive
Article 16 – paragraph 1 – introductory part
1. Member States shall provide competent authorities with access to informationimmediate access to a land and real estate registers which allows the identification in a timely mannerdirect and unrestricted identification of any natural or legal person owning land or real estate, including through registers or electronic data retrieval systems where such registers or systems are available. Competent authorities shall also have access to information allowing the identification and analysis of transactions involving real estate, including their economic value and details of the natural or legal persons involved in those transactions including, where available, whether the natural or legal person owns, sells or acquires real estate on behalf of a legal arrangementvirtual land or real estate, and the beneficial owners thereof, including where the legal person is a foreign legal entity or arrangement, as required under Article 48 of Regulation [please insert reference – proposal for Anti-Money Laundering Regulation].
2022/06/27
Committee: ECONLIBE
Amendment 632 #

2021/0250(COD)

Proposal for a directive
Article 16 – paragraph 1 – subparagraph 1
FIUs shall be granted direct and immediate access to the information referred to in the first subparagraph.deleted
2022/06/27
Committee: ECONLIBE
Amendment 635 #

2021/0250(COD)

Proposal for a directive
Article 16 – paragraph 1 a (new)
1a. Competent authorities shall also have immediate access to information allowing the identification and analysis of transactions involving land or real estate, including their market value, source of funds, capital gains and details of the natural or legal persons involved in those transactions including, where available, whether the natural or legal person owns, sells or acquires land or real estate on behalf of a legal arrangement. FIUs shall be granted direct and immediate access to the registers and information referred to in the first and second paragraph.
2022/06/27
Committee: ECONLIBE
Amendment 636 #

2021/0250(COD)

Proposal for a directive
Article 16 – paragraph 2
2. By [3 months after the date of transposition of this Directive], Member States shall notify to the Commission the list of competent authorities that were granted access to the registers or systems referred to in paragraph 1 and the type of information available to them. Member States shall update such notification when changes to the list of competent authorities or to the extent of access to information granted occurs. The Commission shall make that information, including any change to it, available to the other Member States.
2022/06/27
Committee: ECONLIBE
Amendment 638 #

2021/0250(COD)

Proposal for a directive
Article 16 – paragraph 2 a (new)
2a. The registers referred to in paragraph 1 shall be interconnected via the real estate data (RED) single access point to be developed and operated by the Commission by [4 years after the date of entry into force of this Directive]. The Commission is empowered to adopt, by means of implementing acts, the technical specifications and procedures for the connection of the Member States' registers to the single access point. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 54(2).
2022/06/27
Committee: ECONLIBE
Amendment 640 #

2021/0250(COD)

Proposal for a directive
Article 16 – paragraph 2 b (new)
2b. By [3 years after the date of transposition of this Directive], Member States shall ensure that information referred to in paragraph 1 is held in a register in machine-readable format. Information may be collected in accordance with national systems.
2022/06/27
Committee: ECONLIBE
Amendment 645 #

2021/0250(COD)

Proposal for a directive
Article 16 b (new)
Article 16b Access to beneficial ownership information of relevant high value goods and assets 1. Member States shall provide competent authorities with direct, unrestricted and immediate access to information which allows the identification of any natural or legal person, and the beneficial owners thereof, including where the legal person is a foreign legal entity or arrangement owning the following relevant high value goods or assets: (a) tangible assets such as watercrafts, aircrafts, motor vehicles, precious metals and stones and jewellery, works of art and other cultural goods, including virtual ones; (b) intangible assets such as financial and insurance products and crypto-assets. 2. Member States shall ensure that information referred to in paragraph 1 is available to competent authorities, either through registers or electronic data retrieval systems, which should ensure that the data is available in machine- readable format and interoperability. FIUs shall be granted direct and immediate access to the registers and information referred to in the first and second paragraph. 3. Member States shall also ensure that where the market value of goods referred to in paragraph 1 is stated or estimated above EUR 1 000 000 or the equivalent in national currency, the information referring to purchase contract, which should include at least the identification of parties involved in the transaction, means of payment and the source of funds is included and available in the register or electronic data retrieval system referred to in paragraph 2, and can be provided to competent authorities without delay. 4. By [3 months after the date of transposition of this Directive], Member States shall notify the Commission the list of competent authorities that were granted access to the registers or systems referred to in paragraph 2 and the type of information available to them. Member States shall update such notification when changes to the list of competent authorities or to the extent of access to information granted occurs. The Commission shall make that information, including any change to it, available to the other Member States. 5. By [2 years after the date of entry into force of this Directive], AMLA shall develop draft regulatory technical standards and submit them to the Commission for adoption. Those draft regulatory technical standards shall lay down a list of specific high-value assets. The Commission is empowered to adopt the regulatory technical standards referred to in this Article in accordance with Article 43 of Regulation [please insert reference –proposal for establishment of an Anti-Money Laundering Authority - COM/2021/421final]. 6. The registers or electronic data retrieval systems referred to in paragraph 2 shall be interconnected via the European Asset Data (EAD) single access point to be developed and operated by the Commission by [4 years after the date of entry into force of this Directive]. The Commission is empowered to adopt, by means of implementing acts, the technical specifications and procedures for the connection of the Member States' registers to the single access point. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 54(2). 7. Where national law of Member States already provides for specific procedures for the registration of acquisition or ownership of specific relevant high value goods or assets, including through registers or data retrieval systems, Member States may leave those procedures and systems in place, provided that beneficial ownership information is available in equivalent terms as those laid down in this Article.
2022/06/27
Committee: ECONLIBE
Amendment 648 #

2021/0250(COD)

Proposal for a directive
Chapter II – Section 3 a (new)
3a. Searches in the European Central Platform Article 16c Searches in the European Central Platform 1. The European Central Platform, established by Article 22(1) of Directive (EU) 2017/1132, shall serve as a central search service making available all information related to beneficial ownership, bank account and crypto-asset wallets, land and real estate, and the beneficial ownership of relevant high value goods and assets . 2. Competent authorities, self- regulatory bodies, obliged entities and the public as referred to in Article 11 shall be able to search information on beneficial ownership through the European Central Platform. The following harmonised search criteria shall be searchable through the European Central Platform:(a) with regard to the companies or other legal entities, the trusts or similar arrangements: (i) name of the company or other legal entity, trust or similar arrangement; (ii) national registration number; (iii) the month and year of establishment of the company or other legal entity, trust or similar arrangement; (iii) the nature and extent of the interest held by the company or other legal entity, trust or similar arrangement. (b) with regard to persons as beneficial owners: (i) the name of the beneficial owner; (ii) the month and year of birth of the beneficial owner; (iii) the country of residence and/or nationality of the beneficial owner; (iv) the nature and extend of the beneficial interest held. 3. Competent authorities, self- regulatory bodies and obliged entities shall be able to search information on bank account and crypto-asset wallets through the European Central Platform. The search criteria referred to in Article 14 (3) shall be harmonised and searchable through the European Central Platform. 4. Competent authorities, self- regulatory bodies and obliged entities shall be able to search information on land and real estate through the European Central Platform. By [two years after the date of entry into force of this Directive], the Commission shall develop draft regulatory technical standards to set out the list of harmonised search criteria on land and real estate information searchable through the European Central Platform. 5. Competent authorities, self- regulatory bodies and obliged entities shall be able to search information on the beneficial ownership of relevant high value goods and assets through the European Central Platform. By [four years after the date of entry into force of this Directive], the Commission shall develop draft regulatory technical standards to set out the list of harmonised search criteria on beneficial ownership information of relevant high value goods and assets searchable through the European Central Platform. 6. The Commission is empowered to supplement this Directive by adopting the regulatory technical standards referred to in paragraphs 4 and 5 of this Article in accordance with Articles 38 to 41 of Regulation [please insert reference – proposal for establishment of an Anti- Money Laundering Authority - COM/2021/421 final].
2022/06/27
Committee: ECONLIBE
Amendment 653 #

2021/0250(COD)

Proposal for a directive
Article 17 – paragraph 3 – introductory part
3. The FIU shall be responsible for disseminating the results of its analyses and any additional relevant information to other competent authorities where there are grounds to suspect money laundering, its predicate offences or terrorist financing. It shall be able to obtain additional information from obliged entities. Secure and protected channels should be used for the dissemination.
2022/06/27
Committee: ECONLIBE
Amendment 654 #

2021/0250(COD)

Proposal for a directive
Article 17 – paragraph 3 – subparagraph 1 – point a
(a) an operational analysis which focuses on individual cases and specific targets or on appropriate selected information, depending on the type and volume of the disclosures received and the expected use of the information after dissemination and taking risks into consideration;
2022/06/27
Committee: ECONLIBE
Amendment 661 #

2021/0250(COD)

Proposal for a directive
Article 17 – paragraph 5
5. Member States shall provide their FIUs with adequate financial, human and technical resources in order to fulfil their tasks. FIUs shall be able to obtain and deploy the resources needed to carry out their functions. Their staff shall be of high integrity and appropriately skilled, and maintain high professional standards. Their staff shall not be placed in a situation in which a conflict of interest exists or could be perceived to exist.
2022/06/27
Committee: ECONLIBE
Amendment 665 #

2021/0250(COD)

Proposal for a directive
Article 17 – paragraph 6
6. Member States shall ensure that FIUs have rules in place governing the security and confidentiality of information. The staff should be appropriately skilled, including in detecting biases in and in the ethical use of big data sets.
2022/06/27
Committee: ECONLIBE
Amendment 672 #

2021/0250(COD)

Proposal for a directive
Article 17 – paragraph 7 a (new)
7a. AMLA shall conduct periodical peer reviews of FIUs or establish ad hoc peer review committees for the purposes of assessing whether the requirements set out in this Article have been fulfilled.
2022/06/27
Committee: ECONLIBE
Amendment 675 #

2021/0250(COD)

Proposal for a directive
Article 18 – paragraph 1 – introductory part
1. Member States shall ensure that their FIUs, regardless of the organizational status, have access, in a timely manner, to the information that they require to fulfil their tasks properly. This shall include financial, administrative and law enforcement information. Member States shall ensure that their FIUs have:
2022/06/27
Committee: ECONLIBE
Amendment 680 #

2021/0250(COD)

Proposal for a directive
Article 18 – paragraph 1 – point a – introductory part
(a) immediate and, with the exception of point (ii), direct access to at least the following financial information:
2022/06/27
Committee: ECONLIBE
Amendment 685 #

2021/0250(COD)

Proposal for a directive
Article 18 – paragraph 1 – point a – point ii
(ii) information on wire transfers;deleted
2022/06/27
Committee: ECONLIBE
Amendment 689 #

2021/0250(COD)

Proposal for a directive
Article 18 – paragraph 1 – point a – point iii
(iii) information from obliged entities, including wire transfers;
2022/06/27
Committee: ECONLIBE
Amendment 695 #

2021/0250(COD)

Proposal for a directive
Article 18 – paragraph 1 – point b – point ii
(ii) national real estate registers or electronic data retrieval sythe data from the single access point as referred to in article 16 relating to national real estate registemrs and land and cadastral registers;
2022/06/27
Committee: ECONLIBE
Amendment 696 #

2021/0250(COD)

Proposal for a directive
Article 18 – paragraph 1 – point b – point ii a (new)
(iia) high-risk movable property and financial products as referred to in Article16a;
2022/06/27
Committee: ECONLIBE
Amendment 702 #

2021/0250(COD)

Proposal for a directive
Article 18 – paragraph 1 – point c – introductory part
(c) direct or indirect access to the following law enforcement information:
2022/06/27
Committee: ECONLIBE
Amendment 710 #

2021/0250(COD)

Proposal for a directive
Article 18 – paragraph 1 – subparagraph 1
The information referred to in point (c) mayshall include criminal records, information on investigations, information on the freezing or seizure of assets, including in the context of economic and financial sanctions or on other investigative or provisional measures and information on convictions and on confiscations.
2022/06/27
Committee: ECONLIBE
Amendment 715 #

2021/0250(COD)

Proposal for a directive
Article 18 – paragraph 3
3. In the cases where the FIUs are provided with indirect access to information, the requested authority shall respond to the request in a timely manner.deleted
2022/06/27
Committee: ECONLIBE
Amendment 719 #

2021/0250(COD)

Proposal for a directive
Article 19 – title
Responses to requests for iInformation sharing
2022/06/27
Committee: ECONLIBE
Amendment 723 #

2021/0250(COD)

Proposal for a directive
Article 19 – paragraph 1 – introductory part
1. Member States shall ensure that FIUs respond in a timely manner to reasoned requests for information by other competent authorities in their respective Member State or Union authorities competent for investigating or prosecuting criminal activities when such requests for information are motivated by concerns relating to money laundering, its predicate offences or terrorist financing or when this information is necessary for the competent authority to freeze, seize and confiscate assets and perform its tasks under this Directive. The decision on conducting the dissemination of information shall remain with the FIU.
2022/06/27
Committee: ECONLIBE
Amendment 725 #

2021/0250(COD)

Proposal for a directive
Article 19 – paragraph 1 – subparagraph 1
Where there are objective grounds for assuming that the provision of such information would have a negative impact on ongoing investigations or analyses, or, in exceptional circumstances, where disclosure of the information would be clearly disproportionate to the legitimate interests of a natural or legal person or irrelevant with regard to the purposes for which it has been requested, the FIU shall be under no obligation to comply withprovide a reasoned justification to refuse the request for information.
2022/06/27
Committee: ECONLIBE
Amendment 728 #

2021/0250(COD)

Proposal for a directive
Article 19 – paragraph 2
2. Competent authorities shall provide feedback to the FIU about the use made of the information provided in accordance with this Article and Article 17 and about the outcome of the investigations or inspections performed on the basis of that information. Such feedback shall be provided as soon as possible and in any case, at least on an annual basis, in such a way as to inform the FIU about the actions taken by the competent authorities on the basis of the information provided by the FIU and allow the FIU to execute its operational analysis function.
2022/06/27
Committee: ECONLIBE
Amendment 729 #

2021/0250(COD)

Proposal for a directive
Article 19 – paragraph 2 a (new)
2a. Member States shall ensure that FIUs proactively inform law enforcement authorities in their respective Member State or Union authorities competent for investigating or prosecuting criminal activities when there is evidence of money laundering, its predicate offences or terrorist financing or when this information is necessary for the competent authority to freeze, seize and confiscate assets and perform its tasks under criminal law unless the provision of such information would have a negative impact on ongoing investigations or analyses. The decision on conducting the dissemination of information shall remain with the FIU.
2022/06/27
Committee: ECONLIBE
Amendment 730 #

2021/0250(COD)

Proposal for a directive
Article 20 – title
Suspension or withholding of consent tof or prohibition to carry out a transaction and suspension of an account
2022/06/27
Committee: ECONLIBE
Amendment 731 #

2021/0250(COD)

Proposal for a directive
Article 20 – paragraph 1 – introductory part
1. Member States shall ensure that FIUs are empowered to take urgent action, directly or indirectly, where there is a suspicion that a transaction is related to money laundering or terrorist financing, to suspend or withhold consent toprohibit a transaction that is proceeding. Such suspension shall be imposed on the obliged entity within 48 hours of receiving the suspicious transaction report in order to analyse the transaction, confirm the suspicion and disseminate the results of the analysis to the competent authorities. Member States shall ensure that subject to national procedural safeguards, the transaction is suspended for a period of a maximum of 15 calendar days from the day of the imposition of such suspension to the obliged entity. Member States shall ensure that an extension of an additional 15 days of such suspension can take place for reasons which are external to the FIU’s analysis, in particular, the lack of cooperation from the obliged entity.
2022/06/27
Committee: ECONLIBE
Amendment 737 #

2021/0250(COD)

Proposal for a directive
Article 20 – paragraph 1 – subparagraph 1
The FIU shall be empowered to impose such suspension, directly or indirectly, at the request of an FIU from another Member State for the periods and under the conditions specified in the national law of the FIU receiving the request.deleted
2022/06/27
Committee: ECONLIBE
Amendment 740 #

2021/0250(COD)

Proposal for a directive
Article 20 – paragraph 1 a (new)
1a. Where an FIU decides to suspend or prohibit a transaction that concerns another Member State, it shall promptly inform the FIU of that Member State. Where an FIU decides to suspend or prohibit a transaction in accordance with paragraph 1, this information shall be made available to other FIUs through FIU.net.
2022/06/27
Committee: ECONLIBE
Amendment 741 #

2021/0250(COD)

Proposal for a directive
Article 20 – paragraph 1 b (new)
1b. By [2 years after the date of entry into force of this Directive], AMLA shall develop draft implementing technical standards and submit them to the Commission for adoption. Those draft implementing technical standards shall specify the format to be used for the exchange of the information referred to in paragraph 1a and set the criteria for determining whether a suspension, concerns another Member State. The Commission is empowered to adopt the implementing technical standards referred to in this paragraph in accordance with Article 42 of Regulation [please insert reference– proposal for establishment of an Anti-Money Laundering Authority -COM/2021/421 final].
2022/06/27
Committee: ECONLIBE
Amendment 750 #

2021/0250(COD)

Proposal for a directive
Article 20 – paragraph 4
4. FIUs shall impose the suspensions referred to in paragraphs 1 and 2, directly or indirectly, at the request of an FIU from another Member State, within 48 hours. Member States shall ensure that subject to national procedural safeguards, the transaction is suspended for a period of a maximum of 15 calendar days from the day of the imposition of such suspension to the obliged entity. The requesting FIU shall be informed by the measures taken. FIUs shall be empowered to impose the suspensions referred to in paragraphs 1 and 2, directly or indirectly, at the request of an FIU from another Member State third country under the conditions specified in the national law of the FIU receiving the request.
2022/06/27
Committee: ECONLIBE
Amendment 757 #

2021/0250(COD)

Proposal for a directive
Article 21 – paragraph 1 – point e a (new)
(ea) human resources allocated;
2022/06/27
Committee: ECONLIBE
Amendment 758 #

2021/0250(COD)

Proposal for a directive
Article 21 – paragraph 1 – point e b (new)
(eb) requests submitted to and received from competent authorities designated under Article 3 of Directive 2019/1153 of the European Parliament and of the Council, Europol and the European Public Prosecutor’s office (EPPO).
2022/06/27
Committee: ECONLIBE
Amendment 764 #

2021/0250(COD)

Proposal for a directive
Article 21 – paragraph 2 – introductory part
2. Member States shall ensure that FIUs provide obliged entities with feedback on the reports of suspected money laundering or terrorist financing. Such feedback shall cover at least the quality of the information provided, how the information was used, the timeliness of reporting, the description of the suspicion and the documentation provided at submission stage.
2022/06/27
Committee: ECONLIBE
Amendment 766 #

2021/0250(COD)

Proposal for a directive
Article 21 – paragraph 2 – subparagraph 1
The FIU shall provide such feedback at least once per year, whether provided to the individual obliged entity or to groups of obliged entities to each individual obliged entity as referred to in Article 3 points (1), (2) and (3)(g), (h) and (k) of Regulation [please insert reference – proposal for Anti-Money Laundering Regulation - COM/2021/420final].The FIU shall provide a comparative analysis on the quality of suspicious transaction reports by category of obliged entities referred to in Article 3 (3) points (a), (b), (c),(d) and (e)(i), (j) and (l) of Regulation [please insert reference – proposal for Anti-Money Laundering Regulation - COM/2021/420 final], taking into consideration the overall number of suspicious transactions reported by those obliged entities.
2022/06/27
Committee: ECONLIBE
Amendment 770 #

2021/0250(COD)

Proposal for a directive
Article 21 – paragraph 2 – subparagraph 2
Such feedback shall also be made availableincluding a comparative assessment between obliged entities and groups or categories of obliged entities, shall also be sent to supervisors to allow them to perform risk-based supervision in accordance with Article 31.
2022/06/27
Committee: ECONLIBE
Amendment 781 #

2021/0250(COD)

Proposal for a directive
Article 23 – paragraph 3
3. Member States shall ensure that, in order to fulfil their tasks as laid down in this Directive, their FIUs cooperate in the application of state-of-the-art technologies developed by AMLA in accordance with their national lawArticle 5(5), point (e) and Article 37, of Regulation [please insert reference to AMLA Regulation]. .
2022/06/27
Committee: ECONLIBE
Amendment 784 #

2021/0250(COD)

Proposal for a directive
Article 23 – paragraph 3 a (new)
3a. Following a peer review in accordance with Article 17(7a), AMLA may suspend access to FIU.net for a specific FIU where the report of the peer review concludes that requirements relating to the independence, integrity, professionalism, confidentiality or security of the FIU, as set out in Article17, have not been fulfilled. With the decision of suspension, AMLA shall issue an assessment which explains and indicates the follow-up measures necessary to comply with, in order to the suspension to be lifted. AMLA shall evaluate the actions taken by the FIU concerned no later than 3 months after issuing the decision
2022/06/27
Committee: ECONLIBE
Amendment 790 #

2021/0250(COD)

Proposal for a directive
Article 24 – paragraph 4
4. By [1 year after the date of transposition of this Directive], AMLA shall issue guidelinesdevelop draft implementing technical standards and submit then to the Commission for adoption. The draft implementing technical standards shall be addressed to FIUs onand determine the relevant factors to be taken into consideration when determining whether a report pursuant to Article 50(1), the first subparagraph, point (a), of Regulation [please insert reference – proposal for Anti-Money Laundering Regulation - COM/2021/420 final] concerns another Member State, the procedures to be put in place when forwarding and receiving that report, and the follow-up to be given.
2022/06/27
Committee: ECONLIBE
Amendment 791 #

2021/0250(COD)

Proposal for a directive
Article 24 – paragraph 4 a (new)
4a. The Commission is empowered to adopt the implementing technical standards referred to in paragraph 4 of this Article in accordance with Article 42 of Regulation [please insert reference – proposal for establishment of an Anti- Money Laundering Authority - COM/2021/421 final].
2022/06/27
Committee: ECONLIBE
Amendment 793 #

2021/0250(COD)

Proposal for a directive
Article 24 – paragraph 6
6. Member States shall ensure that where an FIU is requested to provide information pursuant to paragraph 1, it shall respond to the request and provide the requested information as soon as possible and in any case no later than seven days after the receipt of the request. In exceptional, duly justified cases, this time limit may be extended to a maximum of 14 calendar days. Where the requested FIU is unable to obtain the requested information, it shall inform the requesting FIU thereof.
2022/06/27
Committee: ECONLIBE
Amendment 799 #

2021/0250(COD)

Proposal for a directive
Article 24 – paragraph 8 – subparagraph 1
By [1 year after the date of transposition of this Directive], Member States shall notify to the Commission and AMLA the exceptional circumstances referred to in the first subparagraph. Member States shall update such notifications where changes to the exceptional circumstances identified at national level occur.
2022/06/27
Committee: ECONLIBE
Amendment 801 #

2021/0250(COD)

Proposal for a directive
Article 25 – paragraph 3 – point b a (new)
(ba) an FIU deems it appropriate and useful for the purposes of ensuring that the analyses and results are of better quality, exploiting potential synergies and the possibility of using information from different sources, or obtaining comprehensive information concerning the anomalous activities underlying the analysis in question.
2022/06/27
Committee: ECONLIBE
Amendment 803 #

2021/0250(COD)

Proposal for a directive
Article 25 – paragraph 3 – subparagraph 1
A request for the setting up of a joint analysis team may be made by any of the FIUs concerned or AMLA, under the conditions laid down in paragraph 3a.
2022/06/27
Committee: ECONLIBE
Amendment 805 #

2021/0250(COD)

Proposal for a directive
Article 25 – paragraph 3 a (new)
3a. Where an FIU has not submitted a request for the setting up of a joint analysis team, AMLA may set up such a team on its own initiative.
2022/06/27
Committee: ECONLIBE
Amendment 806 #

2021/0250(COD)

Proposal for a directive
Article 26 – paragraph 1
Information and documents received pursuant to Articles 22 and 24 shall be used for the accomplishment of the FIU's tasks as laid down in this Directive. When exchanging information and documents pursuant to Articles 22 and 24, the transmitting FIU may impose restrictions and conditions for the use of that information in accordance with the rule of law and fundamental rights. The receiving FIU shall comply with those restrictions and conditions.
2022/06/27
Committee: ECONLIBE
Amendment 807 #

2021/0250(COD)

Proposal for a directive
Article 27 – paragraph 1
1. Member States shall ensure that the information exchanged pursuant to Articles 22 and 24 is used only for the purpose for which it was sought or provided and that any dissemination of that information by the receiving FIU to any other authority, agency or department, or any use of this information for purposes beyond those originally approved, is made subject to the prior consentnotification by the FIU providing the information, who can object on justified grounds.
2022/06/27
Committee: ECONLIBE
Amendment 809 #

2021/0250(COD)

Proposal for a directive
Article 27 – paragraph 2 a (new)
2a. By [1 year after the date of transposition of this Directive], Member States shall notify to the Commission the exceptional circumstances in which dissemination would not be in accordance with fundamental principles of national law referred to paragraph 2. Member States shall update such notifications where changes to the exceptional circumstances in which dissemination would not be in accordance with fundamental principles of national law.
2022/06/27
Committee: ECONLIBE
Amendment 810 #

2021/0250(COD)

Proposal for a directive
Article 27 – paragraph 2 b (new)
2b. By [18 months after the date of transposition of this Directive], the Commission shall publish a report outlining the notifications of exceptional circumstances as referred to in the first subparagraph as well as publish a report in case of any updates on those notifications. The Commission shall assess in those reports whether or not the notified exceptional circumstances are justified.
2022/06/27
Committee: ECONLIBE
Amendment 811 #

2021/0250(COD)

Proposal for a directive
Article 27 a (new)
Article 27 a Transmission of information to EPPO Where there are grounds to suspect money laundering, or its associated predicate offences in respect of which the EPPO could exercise its competence or has exercised its competence in accordance with Article 22 or Article 25(2) and (3) of Council Regulation (EU) 2017/19391a, Member States shall ensure that the FIU disseminates, spontaneously or upon request, the following to the EPPO: (a) relevant information; (b) the results of its analyses. and (c) any additional relevant information.
2022/06/27
Committee: ECONLIBE
Amendment 812 #

2021/0250(COD)

Proposal for a directive
Article 27 b (new)
Article 27 b Cooperation FIU with AMLA The FIU shall participate in, and contribute to, the activities of AMLA, in accordance with the provisions in Regulation [please insert reference – proposal for establishment of an Anti- Money Laundering Authority - COM/2021/421final]. In particular: a. the Head of the FIU shall act independently as a member of the General Board and, in this role, serve the exclusive interest of the Union; b. the FIU shall be able to participate in joint analyses as an integral part of its tasks, as well as in other activities undertaken by AMLA pursuant to its mandate; c. the FIU shall provide AMLA with data and information required to fulfil its tasks and shall implement AMLA’s indications in accordance with Regulation [please insert reference – proposal for establishment of an Anti-Money Laundering Authority - COM/2021/421 final]. All information obtained through the participation in the activities of AMLA shall be covered by the strictest confidentiality.
2022/06/27
Committee: ECONLIBE
Amendment 814 #

2021/0250(COD)

Proposal for a directive
Article 29 – paragraph 1
1. Member States shall ensure that all obliged entities are subject to adequate, effective and independent supervision. To that end, Member States shall appoint supervisors to monitor effectively, and to take the measures necessary to ensure, compliance by the obliged entities with the requirements set out in Regulation [please insert reference – proposal for Anti-Money Laundering Regulation - COM/2021/420 final] and with the requirement to implement targeted financial sanctions. If several supervisors existing a Member State, this Member State shall appoint one leading supervisor in order to ensure proper coordination.
2022/06/27
Committee: ECONLIBE
Amendment 819 #

2021/0250(COD)

Proposal for a directive
Article 29 – paragraph 3
3. In the case of the obliged entities referred to in Article 3, points (3)(a), (b) and (d),b) of Regulation [please insert reference – proposal for Anti-Money Laundering Regulation - COM/2021/420 final], Member States may allow the function referred to in paragraph 1 of this Article to be performed by self-regulatory bodies, provided that those self-regulatory bodies have the powers referred to in paragraph 5 of this Article and have adequate financial, human and technical resources to perform their functions. Member States shall ensure that staff of those bodies are of high integrity and appropriately skilled, and that they maintain high professional standards, including standards of confidentiality, data protection and standards addressing conflicts of interest.
2022/06/27
Committee: ECONLIBE
Amendment 828 #

2021/0250(COD)

Proposal for a directive
Article 31 – paragraph 6 a (new)
6a. Member States shall ensure that supervisors and self-regulatory bodies, and authorities overseeing self-regulatory bodies as referred to in Article 38, produce a detailed annual activity report and that a summary of that report is made publicly available. The summary of the report referred to in the first subparagraph shall present: (a) the tasks of the supervisors; (b) an overview of its supervisory activities; (c) the number of on-site and off-site supervisory actions; and (d) the number of breaches identified on the basis of supervisory actions and sanctions or administrative measures applied by supervisory authorities and self-regulatory bodies pursuant to Section 4 of Chapter IV. The annual activity report referred to in the first subparagraph shall be transmitted to the designated authority or mechanism referred to in Article 8(2) and to AMLA, which shall provide feedback and propose possible improvements, and shall be able to make recommendations to change the allocation of supervisory responsibilities and the arrangements for carrying out supervisory tasks.
2022/06/27
Committee: ECONLIBE
Amendment 833 #

2021/0250(COD)

Proposal for a directive
Article 33 – paragraph 2
2. In addition to Article 5, obliged entities wishing to exercise the freedom to provide services by carrying out activities within the territory of another Member State for the first time shall notify the supervisors of the home Member State of the activities which they intend to carry out. Such notification shall also be required where provision of cross-border services is carried out by agents of the obliged entity or through any other natural person or legal person which act on their behalf.
2022/06/27
Committee: ECONLIBE
Amendment 835 #

2021/0250(COD)

4. In the cases covered by paragraph 2 of this Article and Article 5, supervisors of the host Member State shall cooperate with supervisors of the home Member State and lend assistance to ensure the verification of compliance by the obliged entity with the requirements of Regulation [please insert reference – proposal for Anti-Money Laundering Regulation - COM/2021/420 final] and of Regulation [please insert reference – proposal for a recast of Regulation (EU) 2015/847 - COM/2021/422 final] and to take appropriate and, proportionate, effective and dissuasive measures to address breaches.
2022/06/27
Committee: ECONLIBE
Amendment 836 #

2021/0250(COD)

Proposal for a directive
Article 33 – paragraph 4 – subparagraph 1
In the cases covered by Article 5, the supervisors of the host Member State shall be allowed at their own initiative to take appropriate and, proportionate, effective and dissuasive measures to address serious failings that require immediate remedies and promptly inform the supervisor of the home Member State. Those measures shall be temporary and be terminated when the failings identified are addressed, including with the assistance of or in cooperation with the supervisors of the home Member State of the obliged entity.
2022/06/27
Committee: ECONLIBE
Amendment 841 #

2021/0250(COD)

Proposal for a directive
Article 33 – paragraph 5
5. Where the supervisors of the home and host Member State disagree on the measures to be taken in relation to an obliged entity, they mayshall refer the matter to AMLA and request its assistance in accordance with Articles 5 and 10 of Regulation [please insert reference – proposal for establishment of an Anti- Money Laundering Authority - COM/2021/421 final]. AMLA shall provide its advice on the matter of disagreement within one month.
2022/06/27
Committee: ECONLIBE
Amendment 845 #

2021/0250(COD)

Proposal for a directive
Article 34 – paragraph 6
6. Member States shall ensure that the provisions of this Article also apply to the supervision of groups of obliged entities other than credit or financial institutions. Member States shall also ensure that in cases where obliged entities other than credit and financial institutions are part of structures which share common ownership, management or compliance control, including networks or partnerships, cooperation and exchange of information between financial and non-financial supervisors is facilitated.
2022/06/27
Committee: ECONLIBE
Amendment 848 #

2021/0250(COD)

Proposal for a directive
Article 35 – paragraph 1
Supervisors, including AMLA and non- AML/CFT authorities, shall inform each other of instances in which the law of a third country does not permit the implementation of the policies, controls and procedures required under Article 13 of Regulation [please insert reference – proposal for Anti-Money Laundering Regulation - COM/2021/420 final]. In such cases, coordinated actions may be taken by supervisors to pursue a solution. In assessing which third countries do not permit the implementation of the policies, controls and procedures required under Article 13 of Regulation [please insert reference – proposal for Anti-Money Laundering Regulation - COM/2021/420 final], supervisors shall take into account any legal constraints that may hinder proper implementation of those policies and procedures, including professional secrecy, an insufficient level of data protection and other constraints limiting the exchange of information that may be relevant for that purpose.
2022/06/27
Committee: ECONLIBE
Amendment 852 #

2021/0250(COD)

Proposal for a directive
Article 36 – paragraph 6 – introductory part
6. By [2 year after the date of entry into force of this Directive], AMLA shall develop draft regulatory technical standards and submit them to the Commission for adoption. Those draft regulatory technical standards shall specify the general conditions for the functioning of the AML/CFT supervisory colleges, including the terms of cooperation between participants, and the operational functioning of such colleges. They shall further specify requirements for the participation of financial supervisors in third countries. Prior to the submission of those draft regulatory technical standards to the Commission, AMLA shall consult with the European Data Protection Board on the data protection rules which apply to data transferred to financial supervisors in third countries.
2022/06/27
Committee: ECONLIBE
Amendment 857 #

2021/0250(COD)

Proposal for a directive
Article 37 – paragraph 1 – introductory part
1. Member States may authorise financial supervisors to conclude cooperation agreements providing for collaboration and exchanges of confidential information with their counterparts in third countries. Such cooperation agreements shall comply with applicable data protection rules for data transfers and be concluded on the basis of reciprocity and only if the information disclosed is subject to a guarantee of professional secrecy requirements at least equivalent to that referred to in Article 50(1). Confidential information exchanged in accordance with those cooperation agreements shall be used for the purpose of performing the supervisory tasks of those authorities only.
2022/06/27
Committee: ECONLIBE
Amendment 862 #

2021/0250(COD)

Proposal for a directive
Article 37 – paragraph 2
2. For the purposes of paragraph 1, AMLA may lend such assistance as may be necessary toshall assess the equivalence of professional secrecy requirements applicable to the third country counterpart.
2022/06/27
Committee: ECONLIBE
Amendment 864 #

2021/0250(COD)

Proposal for a directive
Article 37 – paragraph 3
3. Member States shall ensure that financial supervisors notify any agreement signed: a. AMLA of any intention to conclude an agreement signed pursuant to this Article in order to perform the assessment pursuant to paragraph 2, if needed; b. any signed agreements pursuant to this Article to AMLA within one month of its signature.
2022/06/27
Committee: ECONLIBE
Amendment 871 #

2021/0250(COD)

Proposal for a directive
Article 37 – paragraph 3 a (new)
3a. By [1 year after the date of transposition of this Directive], AMLA shall, in consultation with ESAs and the ECB issue guidelines addressed to supervisors on the content of cooperation agreements pursuant to paragraph 1.
2022/06/27
Committee: ECONLIBE
Amendment 874 #

2021/0250(COD)

Proposal for a directive
Article 38 – paragraph 1 a (new)
1a. The public authority overseeing self-regulatory bodies shall be operationally independent and autonomous and shall have the authority and capacity to carry out its functions free of political, government or industry influence or interference. Staff of those public authorities shall be of high integrity and appropriately skilled, including in detecting biases and in the ethical use of big data sets, and maintain high professional standards, including standards of confidentiality, data protection and standards addressing conflicts of interest.
2022/06/27
Committee: ECONLIBE
Amendment 879 #

2021/0250(COD)

Proposal for a directive
Article 38 – paragraph 3 – point b
(b) issue instructions to a self- regulatory body for the purpose of remedying a failure to perform its functions under Article 29(1) or to comply with the requirements of paragraph 5 and 6 of that Article, or to prevent any such failures. When issuing such instructions, the authority shall consider any relevant guidance it provided or that has been provided by AMLA.
2022/06/27
Committee: ECONLIBE
Amendment 887 #

2021/0250(COD)

Proposal for a directive
Article 39 – paragraph 2
2. Without prejudice to the right of Member States to provide for and impose criminal sanctions, Member States shall lay down rules on administrative sanctions and measures and ensure that supervisors may impose such sanctions and measures with respect to breaches of this Directive, and shall ensure that they are applied. Any resulting sanction or measure imposed pursuant to this Section shall be punitive effective, proportionate and dissuasive.
2022/06/27
Committee: ECONLIBE
Amendment 893 #

2021/0250(COD)

Proposal for a directive
Article 39 – paragraph 6
6. In the exercise of their powers to impose administrative sanctions and measures, supervisors shall cooperate closely, and, where relevant, also coordinate their actions with other authorities concerned, in order to ensure that those administrative sanctions or measures produce the desired results and coordinate their action when dealing with cross-border cases.
2022/06/27
Committee: ECONLIBE
Amendment 896 #

2021/0250(COD)

Proposal for a directive
Article 40 – paragraph 1 – point d
(d) Section 1 of Chapter II (internal controls).
2022/06/27
Committee: ECONLIBE
Amendment 901 #

2021/0250(COD)

Proposal for a directive
Article 40 – paragraph 2
2. Member States shall ensure that in the cases referred to in paragraph 1, the maximum pecuniary sanctions that can be applied amount at least to twicefive-fold of the amount of the benefit derived from the breach where that benefit can be determined, or at least EUR 1 000 000.
2022/06/27
Committee: ECONLIBE
Amendment 902 #

2021/0250(COD)

Proposal for a directive
Article 40 – paragraph 3 – introductory part
3. Member States shall ensure that, by way of derogation from paragraph 2, where the obliged entity concerned is a credit institution or, financial institution or a crypto- asset provider, the following sanctions can also be applied:
2022/06/27
Committee: ECONLIBE
Amendment 911 #

2021/0250(COD)

Proposal for a directive
Article 41 – paragraph 1 – introductory part
1. When supervisors identify breaches of requirements of the Regulation [please insert reference – proposal for Anti-Money Laundering Regulation - COM/2021/420 final] which are not deemed sufficiently serious to be punished with an administrative sanction, they may decide to impose administrative measures, with or without sanctions, on the obliged entity. Member Sstates shall ensure that the supervisors are able at least to:
2022/06/27
Committee: ECONLIBE
Amendment 916 #

2021/0250(COD)

Proposal for a directive
Article 41 – paragraph 1 – point e
(e) where an obliged entity is subject to an authorisation, withdraw or suspend the authorisation, or propose the imposition of these or similar measures where the corresponding powers rest with another authority;
2022/06/27
Committee: ECONLIBE
Amendment 920 #

2021/0250(COD)

Proposal for a directive
Article 41 – paragraph 1 – point f
(f) impose a temporary ban against any person discharging managerial responsibilities in an obliged entity, or any other natural person, held responsible for the breach, from exercising managerial functions in obliged entities, or to propose the imposition of such measure or a removal of the person from a function within the obliged entity where the corresponding powers rest with another authority.
2022/06/27
Committee: ECONLIBE
Amendment 933 #

2021/0250(COD)

Proposal for a directive
Article 43 – paragraph 1 – introductory part
1. Member States shall ensure that supervisory authorities, as well as, where applicable, self-regulatory bodies, establish effective and reliable mechanisms to encourage the reporting of potential and actual breaches of this Directive and of Regulation [please insert reference – proposal for Anti-Money Laundering Regulation - COM/2021/420 final].
2022/06/27
Committee: ECONLIBE
Amendment 944 #

2021/0250(COD)

Proposal for a directive
Article 44 – paragraph 1
1. Member States shall ensure that their supervisors and, where relevant, the national authority overseeing self- regulatory bodies in their performance of supervisory functions inform AMLA, and where relevant, the FIUs of the Member State concerned, of all administrative sanctions and measures imposed in accordance with this Section, including of any appeal in relation thereto and the outcome thereof. Such information shall also be shared with other supervisors when the administrative sanction or measure concerns an entity operating in two or more Member States.
2022/06/27
Committee: ECONLIBE
Amendment 945 #

2021/0250(COD)

Proposal for a directive
Article 44 – paragraph 2
2. AMLA shall maintain a database on its website with information on the sanctions applied per obliged entity, as well as the links to each supervisor's publication of administrative sanctions and measures imposed in accordance with Article 42, and shall show the time period for which each Member State publishes administrative sanctions and measures.
2022/06/27
Committee: ECONLIBE
Amendment 947 #

2021/0250(COD)

Proposal for a directive
Article 45 – paragraph 1
1. Member States shall ensure that policy makers, the FIUs, supervisors, including AMLA, and other competent authorities, as well as law enforcement authorities and tax authorities have effective mechanisms to enable them to cooperate and coordinate domestically concerning the development and implementation of policies and activities to combat money laundering and terrorist financing and to prevent the non- implementation and evasion of proliferation financing-related targeted financial sanctions, including with a view to fulfilling their obligations under Article 8.
2022/06/27
Committee: ECONLIBE
Amendment 949 #

2021/0250(COD)

Proposal for a directive
Article 45 – paragraph 1 a (new)
1a. Member States shall, in particular, enable access from FIUs to the information referred to in Article 8(3a) of Directive 2014/107/EU1a which is received by tax authorities in accordance with automatic exchange of information procedures laid down in that Directive.
2022/06/27
Committee: ECONLIBE
Amendment 950 #

2021/0250(COD)

Proposal for a directive
Article 45 – paragraph 3 – introductory part
3. Member States shall facilitate, and not prohibit, obstruct or place unreasonable or unduly restrictive conditions on the exchange of information or assistance between competent authorities, supervisors and non- AML/CFT authorities for the purposes of this Directive. Member States shall ensure that competent authorities, supervisors and non-AML/CFT authorities do not refuse a request for assistance on the grounds that:
2022/06/27
Committee: ECONLIBE
Amendment 953 #

2021/0250(COD)

Proposal for a directive
Article 45 – paragraph 3 – point c
(c) there is an analysis, inquiry, investigation or proceeding underway in the requested Member State, unless the assistance would impede that analysis, inquiry, investigation or proceeding;
2022/06/27
Committee: ECONLIBE
Amendment 956 #

2021/0250(COD)

Proposal for a directive
Article 45 – paragraph 3 – point d
(d) the nature or status of the requesting counterpart competent authority, supervisor or non-AML/CFT authority is different from that of requested competent authority, supervisor or non-AML/CFT authority.
2022/06/27
Committee: ECONLIBE
Amendment 958 #

2021/0250(COD)

Proposal for a directive
Article 46 – title
Communication of the list of the competent authorities and registers
2022/06/27
Committee: ECONLIBE
Amendment 960 #

2021/0250(COD)

Proposal for a directive
Article 46 – paragraph 1 – point b a (new)
(ba) the contact details of the entity in charge of the central registers referred to into Article 10;
2022/06/27
Committee: ECONLIBE
Amendment 961 #

2021/0250(COD)

Proposal for a directive
Article 46 – paragraph 1 – point b b (new)
(bb) the contact details necessary to obtain information on real estate data, certain goods and bank accounts;
2022/06/27
Committee: ECONLIBE
Amendment 965 #

2021/0250(COD)

Proposal for a directive
Article 47 – paragraph 1
FIU and, supervisory and non-AML/CTF authorities shall cooperate with AMLA and shall provide it with all the information necessary to allow it to carry out its duties under this Directive, under Regulation [please insert reference – proposal for Anti-Money Laundering Regulation - COM/2021/420 final] and under Regulation [please insert reference – proposal for establishment of an Anti- Money Laundering Authority - COM/2021/421 final].
2022/06/27
Committee: ECONLIBE
Amendment 969 #

2021/0250(COD)

Proposal for a directive
Article 48 – paragraph 1
1. Member States shall ensure that financial supervisors, FIUs and authorities competent for the supervision of credit institutions under other legal acts cooperate closely with each other within their respective competences and provide each other with information relevant for the performance of their respective tasks. Such cooperation and information exchange shall not impinge on an ongoing inquiry, investigation or proceedings in accordance with the criminal or administrative law of the Member State where the financial supervisor or authority entrusted with competences for the supervision of credit institutions under other legal acts is located and shall not affect obligations of professional secrecy as provided in Article 50(1).
2022/06/27
Committee: ECONLIBE
Amendment 975 #

2021/0250(COD)

Proposal for a directive
Article 49 – paragraph 2
2. Member States may prohibit the authorities referred to in paragraph 1 from cooperating when such cooperation, including the exchange of information, would impinge on an ongoing inquiry, analysis, investigation or proceedings, proceedings or would prejudice the prohibition of disclosure under article 54 of Regulation [please insert reference – proposal for Anti-Money Laundering Regulation - COM/2021/420final] in accordance with the criminal or administrative law of the Member State where the authorities are located.
2022/06/27
Committee: ECONLIBE
Amendment 976 #

2021/0250(COD)

Proposal for a directive
Article 50 – paragraph 1 – introductory part
1. Member States shall require that all persons working for or who have worked for financial supervisors, FIUs and auditors or experts acting on behalf of financial supervisors or FIUs be bound by the obligation of professional secrecy.
2022/06/27
Committee: ECONLIBE
Amendment 977 #

2021/0250(COD)

Proposal for a directive
Article 50 – paragraph 2 – point b
(b) financial supervisors, competent authorities and FIUs;
2022/06/27
Committee: ECONLIBE
Amendment 982 #

2021/0250(COD)

Proposal for a directive
Article 50 – paragraph 2 – point c
(c) financial supervisors and competent authorities in charge of supervising credit and financial institutions in accordance with other legislative acts relating to the supervision of credit and financial institutions, including the ECB acting in accordance with Regulation (EU) 1024/2013, whether within a Member State or in different Member States.
2022/06/27
Committee: ECONLIBE
Amendment 983 #

2021/0250(COD)

Proposal for a directive
Article 50 – paragraph 2 – point c a (new)
(ca) financial supervisors and the national central banks that are members of the European System of Central Banks (ESCB), and the ECB.
2022/06/27
Committee: ECONLIBE
Amendment 986 #

2021/0250(COD)

Proposal for a directive
Article 50 – paragraph 2 – subparagraph 1
For the purposes of the first subparagraph, point (c), the exchange of information shall be subject to the professional secrecy requirements provided for in paragraph 1.deleted
2022/06/27
Committee: ECONLIBE
Amendment 989 #

2021/0250(COD)

Proposal for a directive
Article 50 – paragraph 3 – point a
(a) in the discharge of its duties under this Directive or under other legislative acts in the field of AML/CFT, of prudential regulation and supervision of credit and financial institutions, including sanctioning;
2022/06/27
Committee: ECONLIBE
Amendment 992 #

2021/0250(COD)

Proposal for a directive
Article 51 – paragraph 1 – point b
(b) supervisors and the authorities responsible by law for the supervision of financial markets, or credit or financial institutions, in the discharge of their respective supervisory functions;
2022/06/27
Committee: ECONLIBE
Amendment 2 #

2021/0244(COD)

Proposal for a directive
Recital 2 a (new)
(2a) Financial Intelligence Units (FIUs) should endeavour to exchange financial information or financial analysis to prevent and combat money laundering, the associated predicate offences and terrorist financing more effectively as provided in Directive (EU) 2015/849.
2022/01/25
Committee: ECON
Amendment 5 #

2021/0244(COD)

Proposal for a directive
Article 1 – paragraph 1 – point -1 (new)
Directive (EU) 2019/1153
Article 1 – paragraph 1
(-1) Article 1(1) is replaced by the following: "This Directive lays down measures to facilitate access to and the use of financial information and bank account information by competent authorities for the prevention, detection, investigation or prosecution of serious criminal offences. It also lays down measures to facilitate access to law enforcement information by Financial Intelligence Units (‘FIUs’) for the prevention and combating of money laundering, associate predicate offences and terrorist financing and measures to facilitate cooperation between FIUs. .” Or. en (Directive 2019/1153)
2022/01/25
Committee: ECON
Amendment 6 #

2021/0244(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 1 a (new)
Directive (EU) 2019/1153
Article 9
Exchange of information between FIUs 1. exceptional and urgent cases, their FIUs are entitled to exchange financial information or financial analysis that may be relevant for the processing or analysis of information related to terrorism or organised crime associated with terrorism. 2. the cases referred to in paragraph 1 and subject to their operational limitations, FIUs endeavoArticle 9 (1a) Article 9 is deleted. of different Member States Member States shall ensure that in Member States shall ensure to exchange such information promptly. hat in Or. en (Directive 2019/1153)
2022/01/25
Committee: ECON
Amendment 134 #

2021/0239(COD)

Proposal for a regulation
Recital 6 a (new)
(6a) The possibility enabled by the distributed ledger technology to perform transactions in crypto-assets on a peer-to- peer basis using so called “unhosted wallets” could also pose specific ML/TF risks, since no obliged entity is involved in preventing criminals from laundering the proceeds of illegal activities or from financing terrorist activities or from circumventing targeted financial sanctions. Therefore, although unhosted wallets may be used to perform licit activities and transactions are visible on public ledgers, criminals may exploit the lack of obliged entities, combined with the advantages offered by the DLT technology in terms of possible anonymity, global reach and speed, to obscure the proceeds of crime, finance terrorist activities or circumvent targeted financial sanction. It is therefore appropriate to introduce a limit of 1000 Euros to transactions made through unhosted wallets where they are used for the purpose of trade, business of profession, unless the customer or beneficial owner of the unhosted wallet can be identified.
2022/07/04
Committee: ECONLIBE
Amendment 140 #

2021/0239(COD)

Proposal for a regulation
Recital 11 a (new)
(11a) Decentralised Autonomous Organisations (DAO) and other Decentralised Finance (DeFi) arrangements should also be subject to Union AML/CFT rules where they are controlled directly or indirectly, including through smart contracts or voting protocols, by natural and legal persons. In such cases, decentralised organisations or arrangements should be considered crypto-asset service providers falling in the scope of Regulation [please insert reference – proposal for a Regulation on Markets in Crypto-assets, and amending Directive (EU) 2019/1937 - COM/2020/593 final] and this Regulation, regardless of the commercial label or their self-identification as DAO or DeFi. Developers, owners or operators should assess risks of money laundering and terrorist assessments before launching or using a software or platform and take appropriate measures in order to mitigate money laundering and terrorist financing risks in an ongoing and forward-looking manner.
2022/07/04
Committee: ECONLIBE
Amendment 141 #

2021/0239(COD)

Proposal for a regulation
Recital 12
(12) Crowdfunding platforms’ vulnerabilities to money laundering and terrorist financing risks are horizontal and affect the internal market as a whole. To date, diverging approaches have emerged across Member States as to the management of those risks. While Regulation (EU) 2020/1503 of the European Parliament and of the Council28 harmonises the regulatory approach for business investment and lending-based crowdfunding platforms across the Union and ensures that adequate and coherent safeguards are in place to deal with potential money laundering and terrorist financing risks. Among those, there are requirements for the management of funds and payments in relation to all the financial transactions executed on those platforms. Crowdfunding service providers must either seek a license or partner with a payment service provider or a credit institution for the execution of such transactions. The Regulation also sets out safeguards in thesets up some AML/CFT requirements limited to due diligence of crowdfunding platforms in respect of project owners and within authorisation procedures, in the assessment of good repute of management and lack of an harmonised legal framework with rough due diligence procedures for project owners. The Commission is required to assess by 10 November 2023 in its report on that Regulation whether further safeguards may be necessary. It is therefore justified not to subject crowdfunding platformsbust AML/CFT obligations for crowdfunding platforms creates gaps and weakens the Union AML/CFT safeguards. It is therefore necessary to ensure that all crowdfunding platforms, including those already licensed under Regulation (EU) 2020/1503, are subject to Union AML/CFT legislation. _________________ 28 Regulation (EU) 2020/1503 of the European Parliament and of the Council of 7 October 2020 on European crowdfunding service providers for business, and amending Regulation (EU) 2017/1129 and Directive (EU) 2019/1937 (OJ L 347, 20.10.2020, p. 1).
2022/07/04
Committee: ECONLIBE
Amendment 142 #

2021/0239(COD)

Proposal for a regulation
Recital 13 a (new)
(13a) The metaverse offers new opportunities for criminals who can convert cash acquired through illegal activities into non-traceable currencies to purchase and sell virtual real estate, virtual lands and other high-demand goods. While there is as of today no regulatory framework or legal clarity with regard to persons and companies operating in the virtual world, as the metaverse expands and evolves, legal professionals with experience in real estate, finance and intellectual property may get increasingly involved in such transactions, including when providing tax advice, where there is the risk of the services provided being misused for the purpose of laundering the proceeds of criminal activity or for the purpose of terrorist financing.
2022/07/04
Committee: ECONLIBE
Amendment 150 #

2021/0239(COD)

Proposal for a regulation
Recital 14
(14) Directive (EU) 2015/849 set out to mitigate the money laundering and terrorist financing risks posed by large cash payments by including persons trading in goods among obliged entities when they make or receive payments in cash above EUR 10 000, whilst allowing Member States to introduce stricter measures. Such approach has shown to be ineffective in light of the poor understanding and application of AML/CFT requirements, lack of supervision and limited number of suspicious transactions reported to the FIU. In order to adequately mitigate risks deriving from the misuse of large cash sums, a Union-wide limit to large cash transactions above EUR 10 000 should be laid down. As a consequence, persons trading in goods should no longer be subject to AML/CFT obligations with an appropriate sanctions regime.
2022/07/04
Committee: ECONLIBE
Amendment 152 #

2021/0239(COD)

Proposal for a regulation
Recital 15
(15) Some categories of traders in goods are particularly exposed to money laundering and terrorist financing risks due to the The trading of high value goods and services such as gold, diamonds and other precious stones, or high-value lifestyle goods, such as cultural artefacts, luxury cars, jewellery, watches, yachts and aircrafts are particularly exposed to very significant money laundering risks regardless of the means of payment. Criminal organisations have recurrently used this method, whigch value that the small, transportable goods they deal with contain. For this reason, persons dealing in precious metals and precious stoneis easily accessible and does not require specific expertise, to convert criminal proceeds into goods that are in high demand in foreign markets. For this reason, persons dealing in precious metals and precious stones, jewels and watches, work of art as well as any other high value goods or services above 10 000 euros should be subject to AML/CFT requirements.
2022/07/04
Committee: ECONLIBE
Amendment 161 #

2021/0239(COD)

Proposal for a regulation
Recital 23
(23) The FATF has developed standards for jurisdictions to identify, and assess the risks of potential non-implementation or evasion of the targeted financial sanctions related to proliferation financing, and to take action to mitigate those risks. Those new standards introduced by the FATF today do not substitute nor undermine the existing strict requirements for countries to implement targeted financial sanctions to comply with the relevant United Nations Security Council Regulations relating to the prevention, suppression and disruption of proliferation of weapons of mass destruction and its financing. Those existing obligations, as implemented at Union level by Council Decisions 2010/413/CFSP31 and (CFSP) 2016/84932 as well as by Council Regulations (EU) No 267/201233 and (EU) 2017/150934 , remain strict rule-based obligations binding on all natural and legal persons within the Union. The same approach should apply with regard to targeted financial sanctions relating to terrorism and terrorism financing, and to other applicable Union targeted financial sanctions. _________________ 31 2010/413/CFSP: Council Decision of 26 July 2010 concerning restrictive measures against Iran and repealing Common Position 2007/140/CFSP (OJ L 195, 27.7.2010, p. 39). 32 Council Decision (CFSP) 2016/849 of 27 May 2016 concerning restrictive measures against the Democratic People's Republic of Korea and repealing Decision 2013/183/CFSP (OJ L 141, 28.5.2016, p. 79). 33 Council Regulation (EU) No 267/2012 of 23 March 2012 concerning restrictive measures against Iran and repealing Regulation (EU) No 961/2010 (OJ L 88, 24.3.2012, p. 1). 34 Council Regulation (EU) 2017/1509 of 30 August 2017 concerning restrictive measures against the Democratic People's Republic of Korea and repealing Regulation (EC) No 329/2007 (OJ L 224, 31.8.2017, p. 1).
2022/07/04
Committee: ECONLIBE
Amendment 162 #

2021/0239(COD)

Proposal for a regulation
Recital 23 a (new)
(23a) The Union legislation does not currently include provisions that describe the systems and controls that financial institutions, payment service providers or crypto-asset service providers should have to have in place to comply with targeted financial sanctions obligations. Where the legislation provides for certain exemptions from customer due diligence measures or from the obligation to obtain information on the payer or the payee in the context of funds transfers, there may be an apparent conflict between risk- based exemptions and the absolute requirement to comply with applicable sanctions regimes, which is an obligation of result. According to the assessment conducted by the European Banking Authority, there are different interpretations across Member States on the obligations on payment service providers to screen the payer or the payee against sanctions lists, as each payment service provider is expected to screen only its customer in some Member States, whereas, in others, each payment service provider has to screen both the payer and the payee. This situation could create regulatory arbitrage and gaps which could weaken the Union targeted financial sanctions regime. It is therefore necessary to establish common standards on the measures that financial institutions, payment service providers or crypto-asset service providers should take to comply with their financial sanctions obligations and clarify how they should comply with their obligations under the Union targeted financial sanctions regime, in particular in situations where certain exemptions from customer due measures and from the obligation to obtain information on the payer or the payee or on the originator or the beneficiary in the context of transfers of funds or crypto-assets are applied, as well as in situations where it may not be possible to identity with sufficient certainty the customer or beneficial owner, in particular when a transaction or a transfer involves an unhosted wallet or an unregulated entity.
2022/07/04
Committee: ECONLIBE
Amendment 164 #

2021/0239(COD)

Proposal for a regulation
Recital 24
(24) In order to reflect the latest developments at international level, a requirement has been introduced by this Regulation to identify, understand, manage and mitigate risks of potential non- implementation or evasion of proliferation financing-related targeted financial sancttargeted financial sanctions relating to terrorism and terrorism financing, proliferation financing and to other applicable Unions at obliged entity level.
2022/07/04
Committee: ECONLIBE
Amendment 166 #

2021/0239(COD)

Proposal for a regulation
Recital 24 a (new)
(24a) Designations made by the United Nations Security Council which impose restrictive measures in response to a threat are not immediately enforceable by the Union. Those UN sanctions become eventually applicable in the Union not immediately, but following a due process leading to the adoption of Union measures imposing targeted financial sanctions against designated persons. During the period where the information on sanctioned persons becomes public, and the actual application of EU targeted financial sanctions, there is a risk of asset flight. For this reason, some Member States decided at national level that UN designations become immediately applicable until the adoption of similar measures by the Union while other Member States may rely on preventative measures. However, there are no common rules at Union level and fragmented measures at national level. Hence, it is necessary to ensure appropriate common mitigating measures when no appropriate measures are in place at national level in order to manage the money laundering and terrorist financing risks identified following a UN designation. UN designations are made following a threat to international peace that can emanate from terrorist activities, violation of human rights and other predicate offences. Obliged entities should consider the enhanced risks of money laundering and terrorist financing posed by persons designated by the UN pending the review of this information of the Union, or before the actual entering into force of Union targeted financial sanctions. During this period time, obliged entities should report to the competent FIU any business relationship or transaction with persons considering the suspicion of money laundering, terrorist financing or predicate offence emanating from the UN listing. The FIU should decide to suspend any transaction, withhold its consent, or suspend any account until the review of the information and the adoption, or not, of targeted financial sanctions by the Union. Such measure is without prejudice of the possibility of Member States to apply temporary measures which ensure a higher level of protection of the financial system of the Union such as temporary measures applying directly UN designations pending the adoption of measures by the Union.
2022/07/04
Committee: ECONLIBE
Amendment 218 #

2021/0239(COD)

Proposal for a regulation
Recital 65
(65) Detailed rules should be laid down to identify the beneficial owners of corporate and other legal entities and to harmonise definitions of beneficial ownership. While a specified percentage shareholding or ownership interest does not automatically determine the beneficial owners, it should be one factor among others to be taken into account. Member States should be able, however, to decide that a percentage lower than 25% may be an indication of ownership or control. Control through ownership interest of 25% plus one of that least one shares or voting rights or other ownership interest should be assessed on every level of ownership, meaning that this threshold should apply to every link in the ownership structure and that every link in the ownership structure and the combination of them should be properly examined.
2022/07/04
Committee: ECONLIBE
Amendment 237 #

2021/0239(COD)

Proposal for a regulation
Recital 93
(93) The anonymity of crypto-assets exposes them to risks of misuse for criminal purposes. AnonymousPrivacy crypto- asset wallets, mixers and tumblers do not allow the traceability of crypto-asset transfers, whilst also making it difficult to identify linked transactions that may raise suspicion or to apply to adequate level of customer due diligence. In order to ensure effective application of AML/CFT requirements to crypto-assets, it is necessary to prohibit the provision and the custody of anonymousprivacy crypto-asset wallets as well as the provision and use of mixers and tumblers by crypto-asset service providers.
2022/07/04
Committee: ECONLIBE
Amendment 259 #

2021/0239(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 4 a (new)
(4a) ‘funds’ means assets of any kind, whether corporeal or incorporeal, tangible or intangible, movable or immovable, however acquired, and legal documents or instruments in any form, including electronic or digital, evidencing title to, or an interest in, such assets;
2022/07/04
Committee: ECONLIBE
Amendment 262 #

2021/0239(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 6 – point a a (new)
(aa) a central securities depository as defined in Article 2 point (1) of Regulation 909/2014/EU of the European Parliament and of the Council;
2022/07/04
Committee: ECONLIBE
Amendment 263 #

2021/0239(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 6 – point a b (new)
(ab) an account information service provider as defined in Article 4 point (19) of Directive (EU) 2015/2366 of the European Parliament and of the Council;
2022/07/04
Committee: ECONLIBE
Amendment 275 #

2021/0239(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 16 a (new)
(16a) ‘occasional transaction’ means a transaction that is not carried out as part of a business relationship as defined in point (16) of this Article;
2022/07/04
Committee: ECONLIBE
Amendment 276 #

2021/0239(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 16 b (new)
(16b) 'atypical transaction or fact' means a transaction or a fact which does not appear to be consistent with the customer's characteristics and with the purpose and intended nature of the business relationship or the proposed transaction;
2022/07/04
Committee: ECONLIBE
Amendment 279 #

2021/0239(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 19 – point b a (new)
(ba) the relationships between and among crypto-asset service providers and which is expected, at the time when the contact is established, to have an element of duration, including where similar services are provided by a correspondent institution to a respondent institution, and including relationship established for crypto-asset transfers;
2022/07/04
Committee: ECONLIBE
Amendment 281 #

2021/0239(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 22
(22) ‘beneficial owner’ means any natural person who ultimately owns or, controls or benefits from a legal entity or an express trust or similar legal arrangement, or an organisation that has legal capacity under national law, as well as any natural person on whose behalf or for the benefit of whom a transaction or activity or business relationship is being conducted;
2022/07/04
Committee: ECONLIBE
Amendment 285 #

2021/0239(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 24
(24) ‘formal nominee arrangement’ means a contract or a formal arrangement with an equivalent legal value to a contract,n equivalent arrangement between thea nominee and the nominator, where the nominator is a legal entity or natural person that issues instructions to a nominee to act on their behalf in a certain capacity, including as a director or shareholder, and the nominee is a legal entity or natural person instructed by the nominator to act on their behalf;
2022/07/04
Committee: ECONLIBE
Amendment 307 #

2021/0239(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 27 a (new)
(27a) ‘high-net-worth customer means a customer whose business relationship with the obliged entity is worth at least EUR 1 million or the equivalent in national currency in liquid financial assets;
2022/07/04
Committee: ECONLIBE
Amendment 311 #

2021/0239(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 29 a (new)
(29a) ‘parent undertaking’ means : (a) A parent undertaking of a financial conglomerate, including a 'mixed financial holding company' as defined in Article 2, point (15), of the Directive No 2002/87/CE; (b) A parent undertaking of a group, other than that mentioned in point a), which is subject to prudential supervision on a consolidated basis, at the highest level of prudential consolidation in the Union, including a 'financial holding company' as defined in Article 4(1), point (20), of Regulation (EU) No 575/2013 and an ‘insurance holding company’ as defined in Article 212(1), point (f), of Directive 2009/138/EC; (c) A parent undertaking of a group within the meaning of Article 2 (29) of this Regulation, other than those mentioned in points a) and b), which includes at least two obliged entities as defined in Article 3 of this Regulation, and which is not itself a subsidiary of another undertaking in the Union. When several parent undertakings are identified within the same group, in accordance with the criteria mentioned above, the parent undertaking is the entity within the group which is not itself a subsidiary of another undertaking in the Union.
2022/07/04
Committee: ECONLIBE
Amendment 328 #

2021/0239(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 3 – point a
(a) auditors, external accountants, wealth or asset managers and tax advisors, and any other natural or legal person that undertakes to provide, directly or by means of other persons to which that other person is related, material aid, assistance or advice on tax, investment or personal finance matters as principal business or professional activity;
2022/07/04
Committee: ECONLIBE
Amendment 331 #

2021/0239(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 3 – point b – introductory part
(b) notaries, lawyers and other independent legal professionals, where they participate, whether by acting on behalf of and for their client in any financial or real estate transaction, or by assisting in the planning or carrying out of transactions for their client concerning any of the following:
2022/07/04
Committee: ECONLIBE
Amendment 333 #

2021/0239(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 3 – point b – point i
(i) buying and selling of real or virtual property or business entities;
2022/07/04
Committee: ECONLIBE
Amendment 335 #

2021/0239(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 3 – point b – point iii
(iii) opening or management of bank, savings or, securities or crypto-assets accounts;
2022/07/04
Committee: ECONLIBE
Amendment 338 #

2021/0239(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 3 – point d
(d) estate agents and property developers, including when acting as intermediaries in the letting of immovable property for transactions for which the monthly rent amounts to EUR 105 000 or more, or the equivalent in national currency;
2022/07/04
Committee: ECONLIBE
Amendment 342 #

2021/0239(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 3 – point e
(e) persons trading in precious metals and stones or jewellery and luxury watches;
2022/07/04
Committee: ECONLIBE
Amendment 344 #

2021/0239(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 3 – point e a (new)
(ea) persons trading in goods and services, including motor vehicles, aircrafts and watercrafts, where the value of the transaction or linked transactions amounts to at least EUR 10 000 or the equivalent in national currency;
2022/07/04
Committee: ECONLIBE
Amendment 347 #

2021/0239(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 3 – point h
(h) crowdfunding service providers other than those regulated by Regulation (EU) 2020/1503;
2022/07/04
Committee: ECONLIBE
Amendment 352 #

2021/0239(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 3 – point i
(i) persons trading or acting as intermediaries in the trade of works of art, including when this is carried out by art galleries and auction houses, where the value of the transaction or linked transactions amounts to at least EUR 10 000 or the equivalent in national currency;
2022/07/04
Committee: ECONLIBE
Amendment 353 #

2021/0239(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 3 – point i a (new)
(ia) persons and platforms, other than crypto-asset service providers, trading or acting as intermediaries for importing, minting, sale and purchase of unique and not fungible crypto-assets that represent ownership of a unique digital or physical asset, including works of art, real estate, digital collectibles and gaming items and any other valuable;
2022/07/04
Committee: ECONLIBE
Amendment 357 #

2021/0239(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 3 – point j
(j) persons storing, trading or acting as intermediaries in the trade of works of art and other high value goods when this is carried out within free zones and customs warehouses, where the value of the transaction or linked transactions amounts to at least EUR 10 000 or the equivalent in national currency;
2022/07/04
Committee: ECONLIBE
Amendment 365 #

2021/0239(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 3 – point l a (new)
(la) professional sport clubs, sport federations and sport confederations;
2022/07/04
Committee: ECONLIBE
Amendment 378 #

2021/0239(COD)

Proposal for a regulation
Article 4 a (new)
Article 4a Exemptions for certain providers of crowdfunding service providers 1. Providers of crowdfunding services other than those regulated by Regulation (EU) 2020/1503 which are used exclusively for public benefit purposes, shall be exempted from the requirements set out in this Regulation provided that all the following conditions are met: (a) the crowdfunding service provider implements minimum due diligence requirements in respect of project owners that propose their projects to be funded through the crowdfunding platform in a manner consistent with Article 5 of Regulation (EU) 2020/1503; and (b) all the natural persons involved in the management of the crowdfunding service provider respect fit and proper requirements consistent with the requirements laid down with Article 12 (3) point (b) of Regulation (EU) 2020/1503; and (c) the crowdfunding service provider sets up and maintains arrangements to ensure that project owners accept funding of crowdfunding projects, or any other payment, only by means of a payment service provider in accordance with Directive (EU) 2015/2366, except where the provider of crowdfunding services provides payment services in relation to the crowdfunding services itself and is a payment service provider in accordance with Directive (EU) 2015/2366, or through a third party that is a payment service provider in accordance with that Directive. 2. Member States shall establish risk- based monitoring activities or take other adequate measures to ensure that the exemptions granted pursuant to this Article are not abused.
2022/07/04
Committee: ECONLIBE
Amendment 389 #

2021/0239(COD)

Proposal for a regulation
Article 6 a (new)
Article 6a Minimum requirements regarding citizenship and residence by investment schemes 1. A Member State whose national law grants citizenship or residence rights in exchange for any kind of investment, such as capital transfers, purchase or renting of property, investment in government bonds, investment in corporate entities, donation or endowment of an activity contributing to the public good and contributions to the state budget, shall ensure that public authorities that process applications for such citizenship and residence rights carry out at least the following measures: (a) require that transactions are carried out by means of a business relationship with an obliged entity established in that Member State; (b) request information from involved obliged entities about customer due diligence measures carried out; (c) obtain and record detailed information, substantiated by verified documents, on the identity of the applicant and rigorous background checks on the applicant and, where necessary, on its family members, including, on any of the applicant’s business interests and employment activities in the previous 10 years and on the applicant’s source of funds and source of wealth; (d) require clearance from law enforcement authorities, substantiated by evidence of the absence of any criminal activities on the part of the applicant; (e) require that applicants are subject to requirements of minimum physical presence and minimum active involvement in the investment, quality of investment, added value and contribution to the economy; (f) have in place a monitoring mechanism for ex post control of successful applicants’ continued compliance with the legal requirements of the schemes. 2. Applicants with documented connections with suspicious activities, including close business relations with persons having a criminal record related to money laundering, terrorist financing or predicate offences, or close personal or business connections with individuals subjected to targeted financial sanctions shall not be granted residency rights under such schemes.
2022/07/04
Committee: ECONLIBE
Amendment 393 #

2021/0239(COD)

Proposal for a regulation
Article 7 – paragraph 1 – point b
(b) in addition to the obligation to apply targeted financial sanctions, mitigate and manage the risks of non- implementation and evasion of proliferation financing-relatedtargeted financial sanctions relating to terrorism and terrorism financing, proliferation financing and to other applicable Union targeted financial sanctions.
2022/07/04
Committee: ECONLIBE
Amendment 403 #

2021/0239(COD)

Proposal for a regulation
Article 7 – paragraph 4
4. By [2 years after the entry into force of this Regulation], AMLA shall issue guidelines on the elements that obliged entities should take into account when deciding on the extent of their internal policies, controls and procedures, after consulting the European Banking Authority, shall develop draft regulatory technical standards and submit them to the Commission for adoption. Those draft regulatory technical standards shall specify the elements that obliged entities should take into account when deciding on the extent of their internal policies, controls and procedures based on their assessed level of risk. They shall also include guidance on how to determine the number of staff to be entrusted with compliance functions as set out in Article 9, taking into account the nature and size of obliged entities and the inherent risks of the sector in which they operate.
2022/07/04
Committee: ECONLIBE
Amendment 406 #

2021/0239(COD)

Proposal for a regulation
Article 7 – paragraph 4 a (new)
4a. The Commission is empowered to supplement this Regulation by adopting the regulatory technical standards referred to in paragraph 4 of this Article in accordance with Articles 38 to 41 of Regulation [please insert reference – proposal for establishment of an Anti- Money Laundering Authority - COM/2021/421 final].
2022/07/04
Committee: ECONLIBE
Amendment 407 #

2021/0239(COD)

Proposal for a regulation
Article 8 – paragraph 1 – introductory part
1. Obliged entities shall take appropriate measures, proportionate to their nature and size, to identify and assess the risks of money laundering and terrorist financing to which they are exposed, as well as the risks of non-implementation and evasion of proliferation financing- relatedtargeted financial sanctions relating to terrorism and terrorism financing, proliferation financing and to other applicable Union targeted financial sanctions, taking into account at least the following:
2022/07/04
Committee: ECONLIBE
Amendment 411 #

2021/0239(COD)

Proposal for a regulation
Article 8 – paragraph 1 – introductory part
1. Obliged entities shall take appropriate measures, proportionate to their nature and size, to identify and assess the risks of money laundering and terrorist financing to which they are exposed, as well as the risks of non-implementation and evasion of proliferation financing- relatedtargeted financial sanctions relating to terrorism and terrorism financing, proliferation financing and to other applicable Union targeted financial sanctions, taking into account at least the following:
2022/06/22
Committee: ECONLIBE
Amendment 412 #

2021/0239(COD)

Proposal for a regulation
Article 8 – paragraph 1 – point c a (new)
(ca) relevant guidelines, recommendations and opinions issued by AMLA in accordance with Articles 43 and 44 of Regulation [please insert reference – proposal for establishment of an Anti- Money Laundering Authority - COM/2021/421 final];
2022/07/05
Committee: ECONLIBE
Amendment 414 #

2021/0239(COD)

Proposal for a regulation
Article 8 – paragraph 1 – point c b (new)
(cb) information from Financial Intelligence Units (FIUs) and law enforcement agencies;
2022/07/05
Committee: ECONLIBE
Amendment 415 #

2021/0239(COD)

Proposal for a regulation
Article 8 – paragraph 1 – point c c (new)
(cc) information obtained as part of the initial customer due diligence process and ongoing monitoring;
2022/07/05
Committee: ECONLIBE
Amendment 416 #

2021/0239(COD)

Proposal for a regulation
Article 8 – paragraph 1 – point c d (new)
(cd) own knowledge and professional experience.
2022/07/05
Committee: ECONLIBE
Amendment 417 #

2021/0239(COD)

Proposal for a regulation
Article 8 – paragraph 1 a (new)
1a. Obliged entities shall, depending on the level of risk identified, consider additional sources of information, including: (a) information from organisations of obliged entities on typologies and on emerging risks; (b) information from civil society organisations, including corruption perception indices and other country reports; (c) information from international standard-setting bodies such as mutual evaluation reports or non-binding blacklists; (d) information from credible and reliable open sources and the media; information from credible and reliable commercial organisations, such as risk reports; and (e) information from statistic organisations and the academia.
2022/07/05
Committee: ECONLIBE
Amendment 424 #

2021/0239(COD)

Proposal for a regulation
Article 9 – paragraph 1
1. Obliged entities shall appoint one executive member of their board of directors or, if there is no board, of its equivalent governing bodymanagement body in its management function who shall be responsible for the implementation of measures to ensure compliance with this Regulation (‘compliance manager’). Where the entity has no governing body, the function should be performed by a member of its senior management.
2022/07/05
Committee: ECONLIBE
Amendment 432 #

2021/0239(COD)

Proposal for a regulation
Article 9 – paragraph 2
2. The compliance manager shall be responsible for implementingensure that the obliged entity’s policies, controls and procedures and forre fully implemented and shall receivinge information on significant or material weaknesses in such policies, controls and procedures. The compliance manager shall regularly report on those matters to the board of director or equivalent governingmanagement body. For parent undertakings, that person shall also be responsible for overseeing group- wide policies, controls and procedures.
2022/07/05
Committee: ECONLIBE
Amendment 436 #

2021/0239(COD)

Proposal for a regulation
Article 9 – paragraph 3 – introductory part
3. Obliged entities shall have a compliance officer, to be appointed by the board of directors or governing bodymanagement body in its management function, who shall be in charge of the day-to-day operation of the obliged entity’s anti- money laundering and countering the financing of terrorism (AML/CFT) policies. That person shall also be responsible for reporting suspicious transactions to the Financial Intelligence Unit (FIU) in accordance with Article 50(6).
2022/07/05
Committee: ECONLIBE
Amendment 450 #

2021/0239(COD)

1. A parent undertaking shall ensure that the requirements on internal procedures, risk assessment and staff referred to in Section 1 of this Chapter apply in all branches and subsidiaries of the group in the Member States and, for groups whose parent undertaking is established in the Union in third countries. The group-wide policies, controls and procedures shall also include data protection policies and policies, controls and procedures for sharing information within the group for AML/CFT purposes. To this end, a parent undertaking shall perform a group-wide risk assessment, taking into account the risks identified by all branches and subsidiaries of the group, and use it to establish and implement group-wide policies, controls and procedures. The group-wide policies, controls and procedures shall also include data protection policies and policies, controls and procedures for sharing information within the group for AML/CFT purposes. Obliged entities that are part of a group shall implement the aforementioned group-wide policies, controls and procedures, taking into account their specificities and risks to which they are exposed.
2022/07/05
Committee: ECONLIBE
Amendment 484 #

2021/0239(COD)

Proposal for a regulation
Article 16 – paragraph 1 – point c a (new)
(ca) obtain and assess information on whether the customer or the beneficial owner is persons involved are subjected to targeted financial sanctions relating to terrorism and terrorism financing, proliferation financing and to other applicable Union targeted financial sanctions;
2022/07/05
Committee: ECONLIBE
Amendment 490 #

2021/0239(COD)

Proposal for a regulation
Article 16 – paragraph 2 a (new)
2a. Without prejudice to any other measures required to comply with the obligation to apply targeted financial sanctions, credit and financial institutions and crypto-asset service providers shall screen the customer’s identity as well as the beneficial owner’s identity against the relevant sanctions lists of designated persons in order to verify that the customer is not a designated individual, entity or group subject to targeted financial sanctions.
2022/07/05
Committee: ECONLIBE
Amendment 494 #

2021/0239(COD)

Proposal for a regulation
Article 16 – paragraph 3 a (new)
3a. AMLA shall issue guidelines on the measures to be applied by obliged entities for assessing whether the customer or the beneficial owner is subject to targeted financial sanction, including how to identify entities controlled by persons subject to targeted financial sanctions.
2022/07/05
Committee: ECONLIBE
Amendment 514 #

2021/0239(COD)

Proposal for a regulation
Article 18 – paragraph 2 – subparagraph 1
Where, after having exhausted all possible means of identification pursuant to the first subparagraph, no natural person is identified as beneficial owner, or where there is any doubt that the person(s) identified is/are the beneficial owner(s), obliged entities shall record that no beneficial owner is identified and identify the natural person(s) holding the position(s) of senior managing official(s) in the corporate or other legal entity and, shall verify their identity and record them as “senior managing official(s)”. Obliged entities shall keep records of the actions taken as well as of the difficulties encountered during the identification process, which led to resorting to the identification of a senior managing official.
2022/07/05
Committee: ECONLIBE
Amendment 557 #

2021/0239(COD)

Proposal for a regulation
Article 21 – paragraph 1
1. Obliged entities shall conduct ongoing monitoring of the business relationship, including transactions undertaken by the customer throughout the course of that relationship, to control that those transactions are consistent with the obliged entity’s knowledge of the customer, the customer’s business activity and risk profile, and where necessary, with the information about the origin and destination of the funds and to detect those transactions that shall be made subject to a more thorough analysis pursuant to Article 50.
2022/07/05
Committee: ECONLIBE
Amendment 558 #

2021/0239(COD)

Proposal for a regulation
Article 21 – paragraph 2 – subparagraph 1
The frequency of updating customer information pursuant to the first sub- paragraph shall be based on the risk posed by the business relationship. The frequency of updating of customer information shall in any case not exceed five years. In case of high-risk business relationships the frequency for updating customer information shall not exceed one year.
2022/07/05
Committee: ECONLIBE
Amendment 566 #

2021/0239(COD)

Proposal for a regulation
Article 21 a (new)
Article 21a Timing of the assessment whether the customer and the beneficial owner is subject to targeted financial sanctions 1. Credit and financial institutions and crypto-asset service providers shall assess whether the customer and the beneficial owner is subject to targeted financial sanctions when verifying the identity of the customer and the beneficial owner pursuant to Article 19. 2. In addition to the requirements set in Paragraph 1 and without prejudice to any other measures required by Union law relating to targeted financial sanctions, obliged entities shall assess on a regular basis whether any existing customer or beneficial owner is subject to targeted financial sanctions. 3. Without prejudice to any other measures required to comply with the obligation to apply targeted financial sanctions, credit and financial institutions and crypto-asset service providers shall screen the identity of their existing customers and beneficial owners each time when targeted financial sanctions are adopted by the Union. 4. In case an obliged entity identifies, in the course of its customer due diligence requirements, that a customer or beneficial owner is subject to targeted financial sanctions, it shall immediately notify the competent authority accordingly. 5. AMLA shall issue guidelines on the measures to be applied by obliged entities for assessing whether the customer or the beneficial owner is subject to targeted financial sanctions. Those guidelines shall include the following elements: a) risk-based procedures to be established by obliged entities in order to assess whether the customer or the beneficial owner is subject to targeted financial sanctions; b) the extent, timing and procedures for screening measures to be applied by credit and financial institutions and crypto-asset service providers with regard to existing customers or when entering into a new business relationship; c) the conditions to be fulfilled for identifying entities controlled by persons subject to targeted financial sanctions; d) the notification measures to competent authorities in case an obliged entity identifies a customer or a beneficial owner subject to targeted financial sanctions.
2022/07/05
Committee: ECONLIBE
Amendment 599 #

2021/0239(COD)

Proposal for a regulation
Article 25 – paragraph 1
1. The Commission is empowered to adopt delegated acts in accordance with Article 60 identifying third countries that pose a specific and serious Where AMLA has clear and demonstrable grounds for concluding that a third country other than those covered by Articles 23 and 24, or a credit institution, financial institution or a crypto-asset service provider operating outside the Union, poses a specific and serious threat to the financial system of the Union in accordance with paragraph 2, it shall be empowered to take one or more of the following actions: a) require obliged entities to apply enhanced due diligence measures listed in Article 28(4), points (a) to (g) with respect to the business relationships or occasional transactions involving natural or legal persons from a third country; or b) require obliged entities to apply enhanced due diligence measures listed in Article 30 or 30a with reaspect to the financial system of the Union and the proper functioning of the internal market other than those covered by Articles 23 and 24. business relationships involving a non- EU credit or financial institution or a crypto-asset service provider; or c) recommend the adoption of the specific countermeasures mitigating the risks stemming from high-risk third countries or entities listed in Article 29, 30 and 31a. For the purpose of point c) AMLA shall draw up regulatory technical standards to specify the identified appropriate countermeasures and submit them to the Commission for adoption. AMLA shall publicly disclose the third countries and non-EU entities identified as posing a threat to the Union.
2022/07/05
Committee: ECONLIBE
Amendment 604 #

2021/0239(COD)

Proposal for a regulation
Article 25 – paragraph 2 – introductory part
2. The Commission, when drawWhen taking up the delegated actsaction referred to in paragraph s1, AMLA shall take into account in particular the following criteria, with respect to a non-EU jurisdiction:
2022/07/05
Committee: ECONLIBE
Amendment 612 #

2021/0239(COD)

Proposal for a regulation
Article 25 – paragraph 2 – point c a (new)
(ca) the quality and effectiveness of financial supervision; (d) the existence of a regulatory framework for crypto-assets service providers; (e) the extent to which that jurisdiction is identified by credible sources/ acknowledged processes as favouring secrecy, such as offshore centres; (f) the extent to which that jurisdiction is characterized by high levels of official or institutional corruption; (g) the recurrence of the involvement of the third country into money laundering and terrorist financing schemes.
2022/07/05
Committee: ECONLIBE
Amendment 615 #

2021/0239(COD)

Proposal for a regulation
Article 25 – paragraph 2 a (new)
2a. When taking the action The Commission, when drawing up the delegated acts referred to in paragraph 1, AMLA shall take into account in particular the following criteria, with respect to a non-EU credit institution, financial institution or crypto-asset service provider: (a) the level of involvement of such entity into money laundering and terrorist financing schemes; (b) evidence of connections with organized criminal groups and international terrorists; (c) whether the entity implements minimum customer due diligence procedures; (d) whether the entity is used for legitimate business purposes in the jurisdiction; and (e) whether the entity mainly provides products and services prohibited in the Union, such as anonymous accounts, privacy wallets and other anonymising services such as mixers or tumblers.
2022/07/05
Committee: ECONLIBE
Amendment 616 #

2021/0239(COD)

Proposal for a regulation
Article 25 – paragraph 3
3. For the purposes of determining the level of threat referred to in paragraph 1, the Commission may request AMLAWhere relevant, for the purpose of identifying credit or financial institution or crypto-asset service provider posing a threat to the Union, AMLA may request information and cooperate with third supervisory authorities, FIUs and Europol, as appropriate. For the purposes of determining the level of threat referred to in paragraph 1 and identifying specific countermeasures, AMLA may request EBA, ESMA or EIOPA, as appropriate, to adopt an opinion aimed at assessing the specific impact on the orderly functioning and integrity of the Union’s financial system due to the level of threat posed by a third country. or by a credit institution, financial institution or crypto-asset service provider or the impact to the stability of the whole or part of the financial system, taking account of the degree of exposure of the Union to a specific non-EU financial institution. When taking action against a credit or financial institution under this Article, AMLA shall consult ESMA and ensure that the action does not have a detrimental effect on the efficiency of the financial sector or on investors that is disproportionate to the benefits of the action.
2022/07/05
Committee: ECONLIBE
Amendment 623 #

2021/0239(COD)

Proposal for a regulation
Article 25 – paragraph 4
4. The Commission, when drawing up the delegated act is empowered to adopt the regulatory technical standards referred to in paragraph 1, shall takc (new) of this Article into account in particular relevant evaluations, assessments or reports drawn up by international organisations and standard setters with competence in the field of preventing money laundering and combating terrorist financingrdance with Articles 38 to 41 of Regulation [please insert reference – proposal for establishment of an Anti- Money Laundering Authority - COM/2021/421 final]. In case of significant divergences with AMLA, the Commission shall adopt a reasoned analysis, which shall be publicly available.
2022/07/05
Committee: ECONLIBE
Amendment 629 #

2021/0239(COD)

Proposal for a regulation
Article 25 – paragraph 7 a (new)
7a. Following a request from the European Parliament or the Council, AMLA shall analyse whether a third country or non-EU entity poses a specific and serious threat to the financial system of the Union and the proper functioning of the internal market and submit a report to the requesting institution within 30 days of receipt of the request stating the reasons for its decision as to whether a delegated act should be adopted in accordance with paragraph 1, taking into account public revelations and relevant evaluations, assessments or reports drawn up by international organisations and standard setters with competence in the field of preventing money laundering and combating terrorist financing.
2022/07/05
Committee: ECONLIBE
Amendment 650 #

2021/0239(COD)

Proposal for a regulation
Article 27 – paragraph 5 – point d a (new)
(da) the customer, the beneficial owner or any associated person is subjected to targeted financial sanctions.
2022/07/05
Committee: ECONLIBE
Amendment 652 #

2021/0239(COD)

Proposal for a regulation
Article 28 – paragraph 2 – introductory part
2. Obliged entities shall examine the origin and destination of funds involved in, and the purpose of, all transactions that fulfil at leastare atypical and may fulfil one of the following conditions:
2022/07/05
Committee: ECONLIBE
Amendment 672 #

2021/0239(COD)

Proposal for a regulation
Article 29 – paragraph 1 – point b – point v
(v) requiring credit and financial institutions and crypto-asset service providers to review and amend, or if necessary terminate, correspondent relationships with respondent institutions in the third country concerned.
2022/07/05
Committee: ECONLIBE
Amendment 677 #

2021/0239(COD)

Proposal for a regulation
Article 30 a (new)
Article 30a Specific enhanced due diligence measures for correspondent relationships with non- EU entities providing crypto-asset services 1. With respect to correspondent relationships with entities providing crypto-asset services that are not registered in the Union, including relationships established for crypto-asset transactions or transfers, involving the execution of transfers with a respondent institution, in addition to the customer due diligence measures laid down in Article 16, crypto-asset service providers shall be required, on a risk-sensitive basis, and when entering into a business relationship, to: (a) document how they identify whether the respondent institution is an entity registered in the Union; (b) determine if the respondent institution is licensed or registered; (c) gather sufficient information about the respondent institution to understand fully the nature of the respondent's business and to determine from publicly available information the reputation of the institution and the quality of supervision; (d) assess the respondent institution's AML/CFT controls; (e) obtain approval from senior management before establishing new correspondent relationships; (f) document the respective responsibilities of each institution; (g) with respect to accounts or distributed ledger addresses hosted by the correspondent institution that can be directly by customers of the respondent institution on the customer’s own behalf, be satisfied that the respondent institution has verified the identity of, and performed ongoing due diligence on, such customers and that it is able to provide relevant customer due diligence data to the correspondent institution, upon request. Where crypto-asset service providers decide to terminate correspondent relationships for reasons relating to anti- money laundering and counter-terrorist financing policy, they shall document their decision. 2. Crypto-asset service providers shall update the due diligence information for the correspondent relationship on a regular basis or when new risks emerge in relation to the respondent institution. 3. Crypto-asset service providers shall take into account the information referred to in the first paragraph in order to determine, on a risk sensitive basis the appropriate enhanced due diligence measures required to mitigate the risks associated with the respondent institution. 4. By [2 years from the date of entry into force of this Regulation], AMLA shall issue guidelines to specify the following: the criteria to be taken into account for the determination of a correspondent relationship; the criteria and common template for conducting the assessment referred to in paragraph 1; the risk variables and risk factors criteria to be taken into account to assess the level of risk associated with a particular category of crypto-asset service provider.
2022/07/05
Committee: ECONLIBE
Amendment 678 #

2021/0239(COD)

Proposal for a regulation
Article 31 a (new)
Article 31a Prohibition of correspondent relationships with unregistered and unlicensed entities providing crypto-asset services Crypto-asset service providers shall not enter into or continue a correspondent relationship with unregistered and unlicensed entities providing crypto-asset services. Crypto-asset service providers shall take appropriate measures to ensure that they do not engage in or continue correspondent relationships with an entity that is known to allow its accounts or distributed ledger addresses to be used by an unregistered and unlicensed entity. AMLA shall set up and maintain a non- exhaustive public register of unregistered and unlicensed entities providing crypto- asset services operating within and outside the Union based on information provided by competent authorities, third country supervisors and any additional information at its disposal. That register shall be publicly available in machine-readable format and shall be updated on a regular basis.
2022/07/05
Committee: ECONLIBE
Amendment 694 #

2021/0239(COD)

Proposal for a regulation
Article 32 a (new)
Article 32a Specific provisions regarding offshore centres 1. In addition to the customer due diligence measures laid down in Article 16, obliged entities shall have in place appropriate risk management systems, including risk-based procedures, to determine whether the customer or the beneficial owner of the customer is a company registered in an offshore centre. 2. With respect to transactions or business relationships with offshore companies, obliged entities shall apply the following measures: (a) obtain senior management approval for establishing or continuing business relationships with offshore companies; (b) take adequate measures to establish the source of wealth and source of funds that are involved in business relationships or transactions with offshore companies; (c) conduct enhanced, ongoing monitoring of those business relationships. 3. By [ 2 years from the date of entry into force of this Regulation], AMLA shall issue guidelines on the following matters: (a) the criteria for the identification of offshore centres, taking into account the level of financial secrecy, the lack of effective exchange of information, the application of no or low effective tax rates on income from geographically mobile services, the absence of a requirement for substantial activities; (b) the level of risk associated with different types of offshore jurisdictions.
2022/07/05
Committee: ECONLIBE
Amendment 695 #

2021/0239(COD)

Proposal for a regulation
Article 32 b (new)
Article 32b Specific provisions regarding transfers of crypto-assets directed to or originating from a non-custodial crypto-asset wallet 1. In addition to the customer due diligence measures laid down in Article 16, crypto-asset service providers shall have in place appropriate risk management systems, including risk- based procedures, to identify and assess the risk of money laundering and financing of terrorism associated with transfers of crypto-assets directed to or originating from a non-custodial crypto- asset wallet and shall apply measures commensurate with the risks identified to mitigate them. 2. With respect to such transfers, crypto- asset service providers shall apply the following measures: (a) take adequate measures to verify through suitable technical means whether the distributed ledger address is owned or controlled by their customers; (b) take risk-based measures to establish the identity of the third party or beneficial owner of the third party distributed ledger address, through suitable technical means, including the possibility to rely on third party verification; (c) where the verification of a third party distributed address is not technically feasible, adopt appropriate alternative measures to mitigate and manage the risks of money laundering and financing of terrorism as well as the risk of non- implementation and evasion of targeted financial sanctions and proliferation financing-related targeted financial sanctions; (d) conduct enhanced monitoring of those transactions. 3. By [2 years from the date of entry into force of this Regulation], AMLA shall issue draft regulatory technical standards and submit them to the Commission for adoption. Those draft regulatory technical standards shall specify the following: (a) the criteria for the verification of the ownership of control of distributed ledger address by the customer; (b) the criteria for the identification of a third party distributed ledger address, taking into account of technological developments, in particular with regard to the establishment of an Union-wide framework for a secure and trusted means of digital identification and verification, including interoperable digital signatures, to enable access to digital services, including with respect to transfers through unhosted wallets; (c) the enhanced due diligence measures associated with the level of risk of transfers with distributed ledger addresses not linked with a crypto-asset service provider, including systematic reporting of transactions, enhanced scrutiny for specific transaction patterns, additional controls or restrictions. 4. The Commission is empowered to supplement this Regulation by adopting the regulatory technical standards referred to in paragraph 3 of this Article in accordance with Articles 38 to 41 of Regulation [please insert reference – proposal for establishment of an Anti- Money Laundering Authority - COM/2021/421 final].
2022/07/05
Committee: ECONLIBE
Amendment 703 #

2021/0239(COD)

Proposal for a regulation
Article 35 – paragraph 2
2. Obliged entities shall apply one or more of the measures referred to in Article 28(4) on a risk-sensitive basis to mitigate the risks posed by the business relationship, until such time as that person is deemed to pose no further higher risk, but in any case for not less than 124 months following the time when the individual is no longer entrusted with a prominent public function.
2022/07/05
Committee: ECONLIBE
Amendment 704 #

2021/0239(COD)

Proposal for a regulation
Article 36 a (new)
Article 36a Persons subject to restrictive measures by international organisations 1. Obliged entities shall report to the competent FIU any business relationship or transaction with persons subject to UN sanctions in the temporary period between the moment the UN designation is made publicly available and the moment targeted financial sanctions adopted by the Union become applicable. Obliged entities shall refrain from carrying out any transaction related to a person subject to UN sanctions until they have notified the competent FIU and have complied with any further specific instruction from the FIU. 2. When the competent FIU receives such a notification referred to in Paragraph 1, it shall decide to suspend any transaction, withhold its consent or suspend any account up to 10 calendar days or until the adoption of targeted financial sanctions by the Union. 3. This Article is without prejudice to the possibility of Member States to apply temporary measures which ensure a higher level of protection of the financial system of the Union such as temporary measures applying directly UN designations pending the adoption of EU targeted financial sanctions.
2022/07/05
Committee: ECONLIBE
Amendment 705 #

2021/0239(COD)

Proposal for a regulation
Article 36 a (new)
Article 36a Specific provisions regarding certain high-net-worth customers individuals 1. In addition to the customer due diligence measures laid down in Article 16, obliged entities shall have in place appropriate risk management systems, including risk-based procedures, to determine whether a high-net-worth customer also presents a high risk factor as laid down in Annex III, Article 1 (ba) or Article 3 (c ) or (ca). 2. With respect to transactions or business relationships with high-net-worth customers as described in paragraph 1, obliged entities shall apply the following measures: (a) take adequate measures to establish the source of wealth and source of funds that are involved in business relationships or transactions with those customers and be satisfied that the business relationships or transactions do not handle proceeds from corruption or other illegitimate source; (b) obtain senior management approval for establishing or continuing business relationships with those customers; (c) conduct enhanced, ongoing monitoring of business relationships with those customers.
2022/07/05
Committee: ECONLIBE
Amendment 744 #

2021/0239(COD)

Proposal for a regulation
Article 42 – paragraph 1 – introductory part
1. In case of corporate entitiesand other legal entities regardless of form or structure, the beneficial owner(s) as defined in Article 2(22) shall be the natural person(s) who owns, control(s), directly or indirectly, or benefits from, the corporate entity, either through an ownership interest or through control via other means.
2022/07/05
Committee: ECONLIBE
Amendment 746 #

2021/0239(COD)

Proposal for a regulation
Article 42 – paragraph 1 – introductory part
1. In case of corporate entitiesand other legal entities regardless of form or structure, the beneficial owner(s) as defined in Article 2(22) shall be the natural person(s) who owns, control(s), directly or indirectly, or benefits from, the corporate entity, either through an ownership interest or through control via other means.
2022/07/05
Committee: ECONLIBE
Amendment 751 #

2021/0239(COD)

Proposal for a regulation
Article 42 – paragraph 1 – subparagraph 1
For the purpose of this Article, ‘control through an ownership interest’ shall mean an ownership of 25% plus one of that least one shares or voting rights or other ownership interest in the corporate entity, including through bearer shareholdings or being party to a contract or financial instrument related to the shares, votes, assets or income of the corporate or legal entity, on every level of ownership.
2022/07/05
Committee: ECONLIBE
Amendment 768 #

2021/0239(COD)

Proposal for a regulation
Article 42 – paragraph 1 – subparagraph 2 – point a
(a) the right to appoint or remove more than half of theany members of the board or similar officers of the corporate entity;
2022/07/05
Committee: ECONLIBE
Amendment 769 #

2021/0239(COD)

Proposal for a regulation
Article 42 – paragraph 1 – subparagraph 2 – point a
(a) the right to appoint or remove more than half of theany members of the board or similar officers of the corporate entity;
2022/07/05
Committee: ECONLIBE
Amendment 774 #

2021/0239(COD)

Proposal for a regulation
Article 42 – paragraph 1 – subparagraph 2 – point d a (new)
(da) power of attorney to manage or dispose of the entity’s assets or income, in particular bank or securities accounts;
2022/07/05
Committee: ECONLIBE
Amendment 780 #

2021/0239(COD)

Proposal for a regulation
Article 42 – paragraph 3
3. Member States shall notify to the Commission by [3 months from the date of application of this Regulation] a list of the types of corporate and other legal entities existing under their national laws with beneficial owner(s) identified in accordance with paragraph 1. The notification shall include the specific categories of entities, description of characteristics, names and, where applicable, legal basis under the national laws of the Member States. It shall also include an indication of whether, due to the specific form and structures of legal entities other than corporate entities, the mechanism under Article 45(3) applies, accompanied by a detailed justification of the reasons for that. In this notification, Member States shall also include other legal entities or vehicles which, under national law, identification of beneficial ownership information is not deemed applicable, in particular if that is the case for investment vehicles such as special purpose vehicles or entities, protected cell companies or series limited liability companies.
2022/07/05
Committee: ECONLIBE
Amendment 786 #

2021/0239(COD)

Proposal for a regulation
Article 42 – paragraph 4
4. The Commission shall make recommendations to Member States on the specific rules and criteria to identitfy the beneficial owner(s) of legal entities other than corporate entities by [1 year from the date of application of this Regulation] and indicate whether, on a risk sensitive basis, any specific rules should apply. These recommendations shall be public. In the event that Member States decide not to apply any of the recommendations, they shall notify the Commission thereof and provide a justification for such a decision.
2022/07/05
Committee: ECONLIBE
Amendment 787 #

2021/0239(COD)

Proposal for a regulation
Article 42 – paragraph 4
4. The Commission shall make recommendations to Member States on the specific rules and criteria to identitfy the beneficial owner(s) of legal entities other than corporate entities by [1 year from the date of application of this Regulation] and indicate whether, on a risk sensitive basis, any specific rules shall apply. These recommendations shall be public. In the event that Member States decide not to apply any of the recommendations, they shall notify the Commission thereof and provide a justification for such a decision.
2022/07/05
Committee: ECONLIBE
Amendment 791 #

2021/0239(COD)

Proposal for a regulation
Article 42 – paragraph 5 – point a
(a) companies listed on a regulated market that is subject to disclosure requirements consistent with Union legislation or subject to equivalent international standards, provided that beneficial ownership information is gathered and available in equivalent terms as those set out in this Chapter; and
2022/07/05
Committee: ECONLIBE
Amendment 797 #

2021/0239(COD)

Proposal for a regulation
Article 43 – paragraph 1 – point a
(a) the economic and legal settlor(s);
2022/07/05
Committee: ECONLIBE
Amendment 798 #

2021/0239(COD)

Proposal for a regulation
Article 43 – paragraph 1 – point a
(a) the economic and legal settlor(s);
2022/07/05
Committee: ECONLIBE
Amendment 800 #

2021/0239(COD)

Proposal for a regulation
Article 43 – paragraph 2 – subparagraph 1
Member States shall notify to the Commission by [3 months from the date of application of this Regulation] a list of legal arrangements and of legal entities, similar to express trusts, where the beneficial owner(s) is identified in accordance with paragraph 1. In the case where the parties of the express trust laid down in paragraph 1 point (a), (b), (c), or (d) are corporate or legal entities or arrangements themselves, the beneficial owner shall be the natural person who is the beneficial owner of those entities or arrangements, or the ultimate natural person who exercises control through a chain of control or ownership of corporate or legal entities or arrangements.
2022/07/05
Committee: ECONLIBE
Amendment 806 #

2021/0239(COD)

Proposal for a regulation
Article 44 – paragraph 1 – point a
(a) the first name and surname, full place and date of birth, residential address, country or countries of residence and nationality or nationalities of the beneficial owner, national identification number and source of it, such as passport or national identity document, and, where applicable, the tax identification number or other equivalent number assigned to the person by his or her country of usual residence;
2022/07/05
Committee: ECONLIBE
Amendment 809 #

2021/0239(COD)

Proposal for a regulation
Article 44 – paragraph 2
2. Beneficial ownership information shall be obtained within 14 calendar days from the creation of legal entities or legal arrangementsIn addition to express trusts and other legal arrangements, corporate and other legal entities shall obtain beneficial ownership information before their creation. It shall be updated promptly, and in any case no later than 14 calendar days following any change of the beneficial owner(s), and on an annual basis.
2022/07/05
Committee: ECONLIBE
Amendment 830 #

2021/0239(COD)

Proposal for a regulation
Article 47 – paragraph 1
Nominee shareholders and nominee directors of a corporate or other legal entities shall maintain adequate, accurate and current information on the identity of their nominator and the nominator’s beneficial owner(s) and disclose them, as well as their status, to the corporate or other legal entities. Corporate or other legal entities shall report this information to the registers set up pursuant to Article 10 of Directive [please insert reference – proposal for 6th Anti-Money Laundering Directive - COM/2021/423 final]be prohibited.
2022/07/05
Committee: ECONLIBE
Amendment 835 #

2021/0239(COD)

(ba) (c ) own or acquire a majority or minority stake in bodies governed by public law, as defined under Article 2(1), point (4) of Directive 2014/24/EU of the European Parliament and of the Council.
2022/07/05
Committee: ECONLIBE
Amendment 836 #

2021/0239(COD)

Proposal for a regulation
Article 48 – paragraph 1 – point b b (new)
(bb) (d) benefit from public funds through public procurement procedures or contracts, governed either under EU law or national law.
2022/07/05
Committee: ECONLIBE
Amendment 843 #

2021/0239(COD)

Proposal for a regulation
Article 50 – paragraph 1 – introductory part
1. Obliged entities shall report to the FIU all suspiciouns transactionsof money laundering, predicate offences and terrorist financing, including on attempted transactions.
2022/07/05
Committee: ECONLIBE
Amendment 848 #

2021/0239(COD)

Proposal for a regulation
Article 50 – paragraph 1 – subparagraph 1 – point a
(a) reporting to the FIU, on their own initiative, where the obliged entity knows, suspects or has reasonable grounds to suspect that funds or activities, regardless of the amount involved, are related to the proceeds of criminal activity or are related to terrorist financing, and by responding to requests by the FIU for additional information in such cases;
2022/07/05
Committee: ECONLIBE
Amendment 853 #

2021/0239(COD)

Proposal for a regulation
Article 50 – paragraph 1 – subparagraph 2
For the purposes of points (a) and (b), obliged entities shall reply to a request for information by the FIU within 5 days. In justified and urgent cases, FIUs shall be able to shorten such a deadline to 24 hoursthe appropriate deadline set by the FIU, depending on the complexity and urgency of the request. In justified and urgent cases, such as where transactions are in progress or a prompt action is required, FIUs may require the information to be provided immediately.
2022/07/05
Committee: ECONLIBE
Amendment 859 #

2021/0239(COD)

Proposal for a regulation
Article 50 – paragraph 2 – subparagraph 1
A suspicion ismay be based on the characteristics of the customer, the size and nature of the transaction or activity, the technique used, the pattern, the use of anonymising tools, the link between several transactions or activities and any other circumstance known to the obliged entity, including the origin or destination of the funds or assets or the transaction history, and the consistency of the transaction or activity with the risk profile of the client.
2022/07/05
Committee: ECONLIBE
Amendment 860 #

2021/0239(COD)

Proposal for a regulation
Article 50 – paragraph 3
3. By [two years after entry into force of this Regulation], AMLA shall develop draft implementing technical standards and submit them to the Commission for adoption. Those draft implementing technical standards shall specify the mechanism or format to be used for the reporting of suspicious transactions pursuant to paragraph 1. The technical standards shall include appropriate formats for the reporting of specific indicators that may be associated with crypto-asset transactions, including distributed ledger wallet addresses and transaction hashes.
2022/07/05
Committee: ECONLIBE
Amendment 911 #

2021/0239(COD)

Proposal for a regulation
Article 58 – paragraph 1 – introductory part
1. Credit institutions, financial institutions and crypto-asset service providers shall be prohibited from keeping anonymous accounts, anonymous passbooks, anonymous safe-deposit boxes or anonymous crypto-asset wallets as well as any accountprivacy wallets, mixers and tumblers, otherwise allowing for the anonymisation of the customer account holder or any service that uses encryption and anonymisation tools to obfuscate transactions.
2022/07/05
Committee: ECONLIBE
Amendment 930 #

2021/0239(COD)

Proposal for a regulation
Article 59 – paragraph 1
1. Persons trading in goods or providing services may accept or make a payment in cash only up to an amount of EUR 10 000 or equivalent amount in national or foreign currency, whether the transaction is carried out in a single operation or in several operations which appear to be linked.
2022/07/05
Committee: ECONLIBE
Amendment 941 #

2021/0239(COD)

Proposal for a regulation
Article 59 a (new)
Article 59a Transfers in crypto-assets without the involvement of a crypto-asset service provider 1. Persons trading in goods or providing services may accept or make a transfer in crypto-assets from a distributed ledger address not linked to a crypto-asset service provider only up to an amount equivalent to EUR 1 000, whether the transaction is carried out in a single operation or in several operations which appear to be linked, unless the customer or beneficial owner of the distributed ledger address can be identified. 2. The limit referred to in paragraph 1 shall not apply to: (a) transfers of crypto-assets between natural persons who are not acting in a professional function; (b) transfers of crypto-assets involving a crypto-asset service provider. 3. Member States shall ensure that appropriate measures, including sanctions, are taken against natural or legal persons acting in their professional capacity which are suspected of a breach of the limit set out in paragraph 1. 4. The overall level of the sanctions shall be calculated, in accordance with the relevant provisions of national law, in such way as to produce results proportionate to the seriousness of the infringement, thereby effectively discouraging further offences of the same kind.
2022/07/05
Committee: ECONLIBE
Amendment 962 #

2021/0239(COD)

Proposal for a regulation
Annex III – paragraph 1 – point 1 – point d
(d) shell companies, offshore vehicles, trusts, foundations and companies that have nominee shareholders or shares in bearer form or fiduciary deposits;
2022/07/05
Committee: ECONLIBE
Amendment 965 #

2021/0239(COD)

Proposal for a regulation
Annex III – paragraph 1 – point 1 – point f
(f) the ownership structure of the company appears unusual or excessively complex given the nature of the company's businessand constructed in such a way to conceal beneficial ownership;
2022/07/05
Committee: ECONLIBE
Amendment 968 #

2021/0239(COD)

Proposal for a regulation
Annex III – paragraph 1 – point 2 – point b
(b) products or transactions that might favour anonymity, including anonymity- enhanced cryptocurrency (AEC) or privacy coins;
2022/07/05
Committee: ECONLIBE
Amendment 969 #

2021/0239(COD)

Proposal for a regulation
Annex III – paragraph 1 – point 2 – point b a (new)
(ba) anonymising services and tools, including privacy wallets, mixers and tumblers as well as Internet Protocol (IP) anonymizers such as The Onion Router (Tor), the Invisible Internet Project (I2P) and other anonymizing softwares;
2022/07/05
Committee: ECONLIBE
Amendment 970 #

2021/0239(COD)

Proposal for a regulation
Annex III – paragraph 1 – point 2 – point c
(c) payment or transfers of assets received from unknown or unassociated third parties;
2022/07/05
Committee: ECONLIBE
Amendment 972 #

2021/0239(COD)

Proposal for a regulation
Annex III – paragraph 1 – point 2 – point e
(e) transactions related to oil, arms, precious metals, tobacco products, cultural artefactand stones or jewels and luxury watches, tobacco products, luxury real estate and luxury cars, vessels, aircrafts, cultural artefacts, high value digital collectibles and other items of archaeological, historical, cultural and religious importance, or of rare scientific value, as well as ivory and protected species;
2022/07/05
Committee: ECONLIBE
Amendment 974 #

2021/0239(COD)

Proposal for a regulation
Annex III – paragraph 1 – point 2 a (new)
(2a) counterpart risk factors: (a)transactions from or to an non obliged entity, such as unhosted wallets, unregistered or unlicensed entities providing crypto assets services and decentralised arrangements; (b)entities identified as not applying minimum customer due diligence procedures; (c)entities identified by credible sources/acknowledged process, as having strong connections and links to money laundering, terrorist financing and other illegal activities, including darknet marketplaces, ransomware and hacking; (d)crypto-ATMs.
2022/07/05
Committee: ECONLIBE
Amendment 976 #

2021/0239(COD)

Proposal for a regulation
Annex III – paragraph 1 – point 3 – point a a (new)
(aa) third countries identified by the Union as high risk third countries or included in the EU list of non-cooperative jurisdictions for tax purposes;
2022/07/05
Committee: ECONLIBE
Amendment 978 #

2021/0239(COD)

Proposal for a regulation
Annex III – paragraph 1 – point 3 – point b a (new)
(ba) third countries identified by credible sources/ acknowledged processes as having none or inadequate regulation on crypto-asset service providers;
2022/07/05
Committee: ECONLIBE
Amendment 980 #

2021/0239(COD)

Proposal for a regulation
Annex III – paragraph 1 – point 3 – point c a (new)
(ca) third countries identified by credible sources/ acknowledged processes as favouring financial secrecy, such as offshore centres;
2022/07/05
Committee: ECONLIBE
Amendment 42 #

2021/0104(COD)

Proposal for a directive
Recital 2 a (new)
(2 a) Gender equality is a core value of the EU, a human and fundamental right and key principle of the European Pillar of Social Rights. The promotion of gender equality is a task for the Union, in all its activities, required by the Treaties. On 5 of March 2020 in its Communication on “A Union of Equality: Gender Equality Strategy 2020-2025” the European Commission made a commitment to address the gender pay and pension gaps and to table as a key action the Pay Transparency Directive. The Commission also committed to ensure the transposition of the Work Life Balance Directive as improving the work-life balance of workers is one of the ways of addressing the gender gaps in the labour market and to push for the adoption of the 2012 proposal fora Directive on improving the gender balance on corporate boards. The Commission also announced the tabling of a legislative proposal to combat gender- based violence and stressed the importance for Member States to ratify the International Labour Organisation (ILO) Convention on combating violence and harassment in the world of work and implement the existing EU rules on protecting workers from sexual harassment;
2022/01/03
Committee: FEMM
Amendment 49 #

2021/0104(COD)

Proposal for a directive
Recital 8
(8) The ultimate beneficiaries of better sustainability reporting by undertakings are individual citizens and savers. Savers who want to invest sustainably will have the opportunity to do so, while all citizens should benefit from a stable, sustainable and, inclusive, accountable and responsible economic system. To realise these benefits, the sustainability information disclosed in undertaking’s annual reports first has to reach two primary groups (‘users’). The first group of users consists of investors, including asset managers, who want to better understand the risks and opportunities that sustainability issues pose to their investments and the impacts of those investments on people and the environment. The second group of users consists of organisations, including non- governmental organisations and social partners, that wish to better hold undertakings to account for their impacts on people and the environment. Other stakeholders may also make use of sustainability information disclosed in annual reports. The integration of gender- related information into sustainability reporting can also assist organizations in publicly demonstrating their accountability to women and commitment towards gender equality and non- discrimination. It can help companies win recognition by workers, investors and consumers and allow all interested stakeholders to gain insights into the effects of organizations’ operations, products, and services on gender equality. The business partners of undertakings, including customers, may rely on this information to understand, and where necessary report on, the sustainability risks and impacts through their own value chains. Policy makers and environmental agencies may use such information, in particular on an aggregate basis, to monitor environmental and social, social, gender equality and human rights trends, to contribute to environmental accounts, and to inform public policy. Few individual citizens and consumers directly consult undertaking’s reports, but they may use such information indirectly such as when considering the advice or opinions of financial advisers or non-governmental organisations. Many investors and asset managers purchase sustainability information from third party data providers, who collect information from various sources, including public corporate reports.
2022/01/03
Committee: FEMM
Amendment 52 #

2021/0104(COD)

Proposal for a directive
Recital 9
(9) There has been a very significant increase in demand for corporate sustainability information in recent years, especially on the part of the investment community. That increase in demand is driven by the changing nature of risks to undertakings and growing investor awareness of the financial implications of these risks. That is especially the case for climate-related financial risks. Awareness of the risks to undertakings and to investments resulting from other environmental issues and from social issues, including health issues, is also growing. The increase in demand for sustainability information is also driven by the growth in investment products that explicitly seek to meet certain sustainability standards or achieve certain sustainability objectives. Part of that increase is the logical consequence of previously adopted Union legislation, notably Regulation (EU) 2019/2088 and Regulation (EU) 2020/852. Some of the increase would have happened in any case, due to fast-changing citizen awareness, consumer preferences and market practices. The COVID-19 pandemic will further accelerate the increase in users’ information needs, in particular as it has exposed the vulnerabilities of workers and of undertaking’s value chains. Information on environmental impacts is also relevant in the context of mitigating future pandemics with human disturbance of ecosystems increasingly linked to the occurrence and spread of diseases. Still companies rarely report much gender disaggregated data despite the inclusion of gender-related indicators in the GRI framework, and global recognition of the importance of gender equality;
2022/01/03
Committee: FEMM
Amendment 56 #

2021/0104(COD)

Proposal for a directive
Recital 18
(18) Considering the growing relevance of sustainability-related risks and taking into account that small and medium-sized enterprises (SMEs) listed on regulated markets comprise a significant proportion of all listed undertakings in the Union, in order to ensure investor protection it is appropriate to require that also those SMEs disclose information on sustainability matters. The reporting standards are not only necessary but also useful and constitute an opportunity for companies to demonstrate their commitment to the ecological, social and gender equal transition and therefore the establishment of leading standards and thereby feed into their competitive advantage The introduction of this requirement will help to ensure that financial market participants can include smaller listed undertakings in investment portfolios on the basis that they report the sustainability information that financial market participants need. It will therefore help to protect and enhance the access of smaller listed undertakings to financial capital, and avoid discrimination against such undertakings on the part of financial market participants. The introduction of this requirement is also necessary to ensure that financial market participants have the information they need from investee undertakings to be able to comply with their own sustainability disclosure requirements laid down in Regulation (EU) 2019/2088. SMEs listed on regulated markets should, however, be provided with sufficient time to prepare for the application of the requirement to report sustainability information, due to their smaller size and more limited resources, and taking account of the difficult economic circumstances created by the COVID-19 pandemic. They should also be given the possibility to report according to standards that are proportionate to the capacities and resources of SMEs. Non- listed SMEs can also choose to use these proportionate standards on a voluntary basis. The SME standards will set a reference for undertakings that are within the scope of the Directive regarding the level of sustainability information that they could reasonably request from SME suppliers and clients in their value chains.
2022/01/03
Committee: FEMM
Amendment 59 #

2021/0104(COD)

Proposal for a directive
Recital 25
(25) Articles 19a and 29a of Directive 2013/34/EU require reporting not only on information ‘to the extent necessary for an understanding of the undertaking's development, performance, position’, but also on information necessary for an understanding of the impact of the undertaking’s activities on environmental, social and employee mattersclimate-related, social and workers' rights, gender equality, respect for human rights, anti-corruption and bribery matters. Those articles therefore require undertakings to report both on how various sustainability matters affect the undertaking, and on the impacts of the activities of the undertaking on people and the environment. That is referred to as the double-materiality perspective, in which the risks to the undertaking and the impacts of the undertaking each represent one materiality perspective. The fitness check on corporate reporting shows that those two perspectives are often not well understood or applied. It is therefore necessary to clarify that undertakings should consider each materiality perspective in its own right, and should disclose information that is material from both perspectives as well as information that is material from only one perspective.
2022/01/03
Committee: FEMM
Amendment 65 #

2021/0104(COD)

Proposal for a directive
Recital 34
(34) The European Financial Reporting Advisory Group (EFRAG) is a non-profit association established under Belgian law that serves the public interest by providing advice to the Commission on the endorsement of international financial reporting standards. EFRAG has established a reputation as a European centre of expertise on corporate reporting, and is well placed to foster coordination between European sustainability reporting standards and international initiatives that seek to develop standards that are consistent across the world. In March 2021, a multi-stakeholder task force set up by EFRAG published recommendations for the possible development of sustainability reporting standards for the European Union. Those recommendations contain proposals to develop a coherent and comprehensive set of reporting standards, covering all sustainability matters from a double-materiality perspective. Those recommendations also contain a detailed roadmap for developing such standards, and proposals for mutually reinforcing cooperation between global standard- setting initiatives and standard-setting initiatives of the European Union. In March 2021, the EFRAG President published recommendations for possible governance changes to EFRAG if it were to be asked to develop technical advice about sustainability reporting standards. These recommendations include offsetting up within EFRAG a new sustainability reporting pillar while not significantly modifying the existing financial reporting pillar. When adopting sustainability reporting standards, the Commission should take account of technical advice that EFRAG will develop. In order to ensure high-quality standards that contribute to the European public good and meet the needs of undertakings and of users of the information reported, EFRAG’s technical advice should be developed with proper due process, public oversight and transparency, accompanied by cost benefit analyses, and be developed with the expertise of relevant stakeholders. To ensure that Union sustainability reporting standards take account of the views of the Member States of the Union, before adopting the standards the Commission should consult the Member State Expert Group on Sustainable Finance referred to in Article 24 of Regulation (EU) 2020/852 on EFRAG’s technical advice. The European Securities and Markets Authority (ESMA) plays a role in drafting regulatory technical standards pursuant to Regulation (EU) 2019/2088 and there needs to be coherence between those regulatory technical standards and sustainability reporting standards. According to Regulation (EU) No 1095/2010 of the European Parliament and of the Council54 , ESMA also plays a role in promoting supervisory converge in the enforcement of corporate reporting by issuers whose securities are listed on EU regulated markets and who will be required to use these sustainability reporting standards. Therefore, ESMA should be required to provide an opinion on EFRAG’s technical advice. This opinion should be provided within two months from the date of receipt of the request from the Commission. In addition, the Commission should consult the European Banking Authority, the European Insurance and Occupational Pensions Authority, the European Environment Agency, the European Union Agency for Fundamental Rights, European Foundation for the Improvement of Living and Working Conditions, the European Agency for Safety and Health at Work, the European Institute for Gender Equality, the European Central Bank, the Committee of European Auditing Oversight Bodies and the Platform on Sustainable Finance as well as relevant stakeholders such as trade unions and civil society organisations to ensure that the sustainability reporting standards are coherent with relevant Union policy and legislation. Where any of those bodies decide to submit an opinion, they shall do so within two months from the date of being consulted by the Commission. _________________ 54 Regulation (EU) No 1095/2010 of the European Parliament and of the Council of 24 November 2010 establishing a European Supervisory Authority (European Securities and Markets Authority), amending Decision No 716/2009/EC and repealing Commission Decision 2009/77/EC (OJ L 331, 15.12.2010, p. 84).
2022/01/03
Committee: FEMM
Amendment 69 #

2021/0104(COD)

Proposal for a directive
Recital 43
(43) Sustainability reporting standards should specify the information that undertakings should disclose on social factors, including employee factorsand gender equality factors, including workers’ right, equality, diversity, inclusion and human rights. Such information should cover the impacts of undertakings on peopleits workers, including on human health. The information that undertakings disclose about human rights should include information about forced labour in their value chains where relevant. Reporting standards that address social factors should specify the information that undertakings should disclose with regard to the 20 principles of the European Pillar of Social Rights that are relevant to businesses, including equal opportunities for all andparticularly equal opportunities for all, gender equality, work life balance and fair working conditions. The European Pillar of Social Rights Action Plan adopted in March 2021 calls for stronger requirements on undertakings to report on social issues. The information undertakings disclose about gender equality should include Gender Action Plans containing policies to ensure equal pay between genders, the pay reporting requirements as stablished by the Pay Transparency Directive and relevant activities to promote equal opportunities, diversity, work life balance and anti-harassment measures in the work place. The Gender Action Plans should contain relevant indicators and monitoring tools to ensure progress in the area. The reporting standards should also specify the information that undertakings should disclose with regard to the human rights, fundamental freedoms, democratic principles and standards established in the International Bill of Human Rights and other core UN human rights conventions, including CEDAW Convention, the UN Convention on the Rights of Persons with Disabilities, the UN Declaration on the Rights of Indigenous Peoples the International Labour Organization’s Declaration on Fundamental Principles and Rights at Work, the fundamental conventions of the International Labour Organisation, and the Charter of Fundamental Rights of the European Union.
2022/01/03
Committee: FEMM
Amendment 74 #

2021/0104(COD)

Proposal for a directive
Recital 44
(44) Users need information about governance factors, including information on the role of an undertaking’s administrative, management and supervisory bodies, including with regard to sustainability matters, the composition of such bodies, particularly with regard to workers' and women's participation, age, ethnic/racial backgrounds and other diversity and intersectional aspects and an undertaking’s internal control and risk management systems, including in relation to the reporting process. Users also need information about undertakings’ corporate culture and approach to business ethics, including anti-corruption and anti-bribery, and about their political engagements, including lobbying activities. Information about the management of the undertaking and the quality of relationships with business partners, including payment practices relating to the date or period for payment, the rate of interest for late payment or the compensation for recovery costs referred to in Directive 2011/7/EU of the European Parliament and of the Council62 on late payment in commercial transactions, helps users to understand an undertaking’s risks as well as its impacts on sustainability matters. Every year, thousands of businesses, especially SMEs, suffer administrative and financial burdens because they are paid late, or not at all. Ultimately, late payments lead to insolvency and bankruptcy, with destructive effects on entire value chains. Increasing information about payment practices should empower other undertakings to identify prompt and reliable payers, detect unfair payment practices, access information about the businesses they trade with, and negotiate fairer payment terms. _________________ 62 Directive 2011/7/EU of the European Parliament and of the Council of 16 February 2011 on combating late payment in commercial transactions (OJ L 48, 23.2.2011, p. 1).
2022/01/03
Committee: FEMM
Amendment 76 #

2021/0104(COD)

Proposal for a directive
Recital 48
(48) Directive 2013/34/EU does not require that the financial statements or the management report are provided in a digital format, which hinders the findability and usability of the reported information. Users of sustainability information increasingly expect such information to be findable and machine- readable in digital formats and fully accessible, including for persons with disabilities. Digitalisation creates opportunities to exploit information more efficiently and holds the potential for significant cost savings for both users and undertakings. Undertakings should therefore be required to prepare their financial statements and their management report in XHTML format in accordance with Article 3 of Commission Delegated Regulation (EU) 2019/815,63 and to mark- up sustainability information, including the disclosures required by Article 8 of Regulation (EU) 2020/852, in accordance with that Delegated Regulation. A digital taxonomy to the Union sustainability reporting standards will be necessary to allow for the information reported to be tagged in accordance with those standards. These requirements should feed into the work on digitalisation announced by the Commission in its Communication A European strategy for data64 and in the Digital Finance Strategy for the EU.65 These requirements also complement the creation of a European single access point for public corporate information as envisaged in the capital markets union action plan, which also considers the need for structured data. _________________ 63 Commission Delegated Regulation (EU) 2018/815 of 17 December 2018 supplementing Directive 2004/109/EC of the European Parliament and of the Council with regard to regulatory technical standards on the specification of a single electronic reporting format (OJ L 143, 29.5.2019, p. 1). 64 https://ec.europa.eu/digital-single- market/en/european-strategy-data 65 https://ec.europa.eu/info/publications/2009 24-digital-finance-proposals_en
2022/01/03
Committee: FEMM
Amendment 81 #

2021/0104(COD)

Proposal for a directive
Recital 51
(51) Article 20 of Directive 2013/34/EU requires undertakings with securities listed on regulated markets to include a corporate governance statement in their management report, which has to contain among other information a description of the diversity policy applied by the undertaking in relation to its administrative, management and supervisory bodies. Article 20 of Directive 2013/34/EU leaves flexibility to undertakings to decide what aspects of diversity they report on. It does not explicitly oblige undertakings to include information on any particular aspect of diversity. In order progress towards a more gender-balanced participation in economic decision-making, it is necessary to ensure that undertakings with securities listed on regulated markets always report on their gender diversity policies and the implementation thereof in particular with respect to reaching gender parity representation in company boards, compliance with the pay transparency requirements, fighting against harassment in the work place and promoting work life balance. However, to avoid unnecessary administrative burden, those undertakings should have the possibility to report some of the information required by Article 20 of Directive 2013/34/EU alongside other sustainability-related information.
2022/01/03
Committee: FEMM
Amendment 87 #

2021/0104(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 3
Directive 2013/34/EU
article 19a
(iv) how the undertaking’s business model and strategy take account of theensure decent work and safeguard the rights and interests of the undertaking’s stakeholders, including workers and communities and of the impacts of the undertaking on sustainability matters;
2022/01/03
Committee: FEMM
Amendment 88 #

2021/0104(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 3
Directive 2013/34/EU
article 19a
(iv a) the gender equality plans of the undertaking to ensure equality, non- dicrimination, diversity, and equal opportunities
2022/01/03
Committee: FEMM
Amendment 91 #

2021/0104(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 3
Directive 2013/34/EU
article 19a – paragrah 2
(ii) the principal actual or potential adverse impacts connected with the undertaking’s supply and value chain, including its own operations, its products and services, its business relationships and its supply chain; including with regards to all people affected by those impacts with particular attention to persons who frequently face intersectional and diverse discriminations or are in a vulnerable situation, such as women, children minorities, LGBTIQ persons, persons with disabilities, from ethnic/racial backgrounds or persons experiencing poverty, especially the20% poorest, or social exclusion
2022/01/03
Committee: FEMM
Amendment 95 #

2021/0104(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 3
Directive 2013/34/EU
article 19a – paragrah 3
-1 When possible, the undertaking shall also include the gender disaggregated data of the information referred to in paragraphs 1 and 2 as a way to incorporate gender mainstreaming in the sustainability reporting
2022/01/03
Committee: FEMM
Amendment 98 #

2021/0104(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 4
Directive 2013/34/EU
article 19b – paragraph 1
The Commission shall, at least every three years after its date of application, review any delegated act adopted pursuant to this Article, taking into consideration the technical advice of the European Financial Reporting Advisory Group (EFRAG), the European Foundation for Living and Working Conditions, the European Agency for Safety and Health at Work, the European Institute for Gender Equality, and relevant stakeholders, including trade unions and civil society organisations, and where necessary shall amend such delegated act to take into account relevant developments, including developments with regard to international standards.
2022/01/03
Committee: FEMM
Amendment 100 #

2021/0104(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 4
Directive 2013/34/EU
article 19b – paragraph 2
(b) specify the information that undertakings are to disclose about social factors, includand gender equality factors, including the undertaking information about:
2022/01/03
Committee: FEMM
Amendment 102 #

2021/0104(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 4
Directive 2013/34/EU
article 19b – paragraph 2b
(-i) composition of governance bodies and breakdown of employ-ees per category according to gender, age group, and other indica-tors of diversity.
2022/01/03
Committee: FEMM
Amendment 108 #

2021/0104(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 4
Directive 2013/34/EU
article 19b – paragraph 2b
(i a) information required under the pay reporting and pay assessment provisions as stablished under the Pay Transparency Directive for those undertakings concerned
2022/01/03
Committee: FEMM
Amendment 109 #

2021/0104(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 4
Directive 2013/34/EU
article 19b – paragraph 2b
(i b) information on pay levels disaggregated by gender, quartils and category of worker for undertakings not included in the Pay Transparency Directive;
2022/01/03
Committee: FEMM
Amendment 111 #

2021/0104(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 4
Directive 2013/34/EU
article 19b – paragraph 2b
(ii) working conditions, including secure and adaptable employment, wages, social dialogue, collective bargaining and the involvement of workers, work-life balance, and a healthy, safe and well- adapted work environment;
2022/01/03
Committee: FEMM
Amendment 112 #

2021/0104(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 4
Directive 2013/34/EU
article 19b – paragraph 2b
(i) equal opportunities for all, including gender equality and equal pay for equal work,description of gender equality action plans with concret indicators and monitoring tools to ensure its progress, including equal opportunity policies, anti- harassment measures, trainings and mechanism to complain, instruments to achieve gender parity in leadership and management positions, actions to tackle the gender pay gap and other forms of discrimination and training and skills development, and employment and inclusion of people with disabilities;
2022/01/03
Committee: FEMM
Amendment 115 #

2021/0104(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 4
Directive 2013/34/EU
article 19b – paragraph 2b
(ii a) Actions to promote work-life balance, and a healthy, safe and well- adapted work environment and take up and return rates of paternity, maternity and parental leaves and, flexible work arrangements, disaggregated by gender;
2022/01/03
Committee: FEMM
Amendment 116 #

2021/0104(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 4
Directive 2013/34/EU
article 19b – paragraph 2b
(iii) respect for the human rights, fundamental freedoms, democratic principles and standards established in the International Bill of Human Rights and other core UN human rights conventions, including the CEDAW Convention, UN Convention on Persons with Disabilities, the UN Declaration on the Rights of Indigenous Peoples, the International Labour Organization’s Declaration on Fundamental Principles and Rights at Work and the ILO fundamental conventions and the Charter of Fundamental Rights of the European Union.
2022/01/03
Committee: FEMM
Amendment 117 #

2021/0104(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 4
Directive 2013/34/EU
article 19b – paragraph 2b
(iii a) Human rights and gender equality impacts assessments carried out by the undertaking including in supply chains with respect to affected communities, in particular indigenous peoples' rights and the implementation of the undertaking's policy on free, prior and informed consent.
2022/01/03
Committee: FEMM
Amendment 118 #

2021/0104(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 4
Directive 2013/34/EU
article 19b – paragraph 2c
(i) the role of the undertaking’s administrative, management and supervisory bodies, including with regard to sustainability matters, and their composition including with regards to the representation of women, person with disabilities, different ages, minority and ethnic/racial backgrounds;
2022/01/03
Committee: FEMM
Amendment 122 #

2021/0104(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 4
Directive 2013/34/EU
article 19b – paragraph 2c
(i a) the number of workers and the type of arrangement they are engaged under by the undertaking, including through its operations and business activities, disaggregated by gender;
2022/01/03
Committee: FEMM
Amendment 127 #

2021/0104(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 5 – point a
Directive 2013/34/EU
Article 20(1) – point g
(g) a description of the gender equality, equal opportunities, and diversity policy applied in relation to the undertaking's administrative, management and supervisory bodies with regard to gender and other aspects such as, age, orsocial, ethnic/racial educational and professional backgrounds, the objectives of that diversity policy, how it has been implemen as well other intersectional characteristics and discriminations protected aund the results in the reporting period. If no such policy is applied, the statement shall contain an explanation as to why thier Directives 2000/43/EC and 2000/78/EC , the objectives and indicators of that policy established and, how it has been implemented and the results and monitoring tools isn the case.; reporting period.
2022/01/03
Committee: FEMM
Amendment 135 #

2021/0104(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 7
Directive 2013/34/EU
Article 29a paragrah 2
(v) how the group’s strategy has been implemented with regard to sustainability matters, including gender equality;
2022/01/03
Committee: FEMM
Amendment 138 #

2021/0104(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 7
Directive 2013/34/EU
Article 29a paragrah 2
(ii) the principal actual or potential adverse impacts connected with the group’s value chain, including its own operations, its products and services, its business relationships and its supply chain including with regards to all people affected by those impacts with particular attention to persons who frequently face intersectional and diverse discriminations or are in a vulnerable situation, such as women, children minorities, LGBTIQ persons, persons with disabilities, from ethnic/racial backgrounds or persons experiencing poverty, especially the 20% poorest, or social exclusion;
2022/01/03
Committee: FEMM
Amendment 143 #

2021/0104(COD)

Proposal for a directive
Article 2 – paragraph 1 – point 4
Directive 2004/109/EC
Article 28d
After consulting the European Environment Agency and the European Union Agency for Fundamental Rights, the European Foundation for Living and Working Conditions, the European Agency for Safety and Health at Work, the European Institute for Gender Equality, and relevant stakeholders, including trade unions and civil society organisations. ESMA shall issue guidelines in accordance with Article 16 of Regulation 1095/2010 on the supervision of sustainability reporting by national competent authorities.
2022/01/03
Committee: FEMM
Amendment 172 #

2021/0104(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 3
Directive 2013/34/EU
Article 19a – paragraph 5
5. By way of derogation from Article 19a, paragraphs 1 to 4, small and medium sized undertakings referred to in Article 2, point (1), point (a), may report in accordance with the sustainability reporting standards for small and medium sized undertakings referred to in Article 19c.deleted
2021/12/10
Committee: EMPL
Amendment 257 #

2021/0050(COD)

Proposal for a directive
Recital 16
(16) The identification of a valid comparator is an important parameter in determining whether work may be considered of equal value. It enables the worker to show that they were treated less favourably than the comparator of a different sexgender performing equal work or work of equal value. In situations where no real-life comparator exists, the use of a hypothetical comparator should be allowpermitted, allowing a worker to show that they have not been treated in the same way as a hypothetical comparator of another sexgender would have been treated. This would lifts an important obstacle for potential victims of gender pay discrimination, especially in highly gender-segregated employment markets where a requirement of finding a comparator of the opposite sexa different gender makes it almost impossible to bring an equal pay claim. This is for instance the case in the female-dominated care sector, in which for women it is very difficult to claim gender discrimination if the comparison is required to come from the same sector. A hypothetical comparator would facilitate the objective and gender-neutral evaluation of certain jobs and encourage employers and the social partners to identify undervalued sectors and jobs. In addition, workers should not be prevented from using other facts from which an alleged discrimination can be presumed, such as statistics or other available information. This would allow gender- based pay inequalities to be more effectively addressed in gender-segregated sectors and professions. In this regard, the following methods to compare with a hypothetical comparator or group of comparators could be established: if a worker or group of workers within an employer’s establishment cannot be compared to a comparator or group of comparators of another gender using the job-to-job method of comparison, the proportional value method of comparison may be used. If a comparison using the job-to-job or proportional method is not possible due to the lack of comparator, comparison may be done with a comparator or group of comparators of another gender in an enterprise with similar characteristics.
2021/10/26
Committee: EMPLFEMM
Amendment 326 #

2021/0050(COD)

Proposal for a directive
Recital 25
(25) Employers with at least 250 workAll employers should regularly report on pay, in a suitable and transparent manner, such as including the information in their management report. Companies subject to the requirements of Directive 2013/34/EU of the European Parliament and of the Council52 may also choose to report on pay alongside other worker-related matters in their management reportalongside other worker-related matters in their management report, where an employer is required to draw up such a report pursuant to Directive 2013/34/EU of the European Parliament and of the Council52. _________________ 52 Directive 2013/34/EU, as amended by Directive 2014/95/EU of the European Parliament and of the Council of 22 October 2014 as regards disclosure of non- financial and diversity information by certain large undertakings and groups (OJ L 330, 15.11.2014, p. 1).
2021/10/26
Committee: EMPLFEMM
Amendment 353 #

2021/0050(COD)

Proposal for a directive
Recital 29
(29) Joint pay assessments should trigger the review and revision of pay structures in all organisations with at least 250 workers that show pay inequalities. The joint pay assessment should be carried out by employers in cooperation with workers’ representatives; if workers’ representatives are absent, they should beshould be designated or democratically elected by the workers of the undertaking or organisation, trade unions or their members, in accordance with provisions of national laws or regulations or of collective agreements designated for this purpose. Joint pay assessments should lead to the elimination of gender discrimination in pay.
2021/10/26
Committee: EMPLFEMM
Amendment 368 #

2021/0050(COD)

Proposal for a directive
Recital 29 a (new)
(29a) Where unjustified pay differences have been found on the basis of objective, gender-neutral criteria, employers and workers’ representatives should prepare a Gender Action Plan which provides for concrete measures and aims to close the gender pay gap within the employer. The Gender Action Plan should incorporate monitoring tools to assess its progress and be reviewed regularly. A gender pay gap on less than 5% that cannot be explained by objective factors cannot be used as proof that the employers complies with the equal pay obligation.
2021/10/26
Committee: EMPLFEMM
Amendment 499 #

2021/0050(COD)

Proposal for a directive
Article 3 – paragraph 1 – point f a (new)
(fa) ’worker’ means a natural person who provides work or services in a predominantly personal capacity and is not genuinely operating a business undertaking on his or her own account.
2021/10/26
Committee: EMPLFEMM
Amendment 506 #

2021/0050(COD)

Proposal for a directive
Article 3 – paragraph 1 – point g a (new)
(ga) ‘workers' representatives’ means: (a) trade union representatives, namely, representatives designated or elected by trade unions or by members of such unions in accordance with national legislation and practice; b) elected representatives, namely, representatives who are freely elected by the workers of the undertaking or organisation, not under the domination or control of the employer in accordance with provisions of national laws or regulations or of collective agreements and whose functions do not include activities which are the exclusive prerogative of trade unions; c) where there exist in the same undertaking both trade union representatives and elected representatives, appropriate measures shall be taken to ensure that the existence of elected representatives is not used to undermine the position of the trade unions concerned or their representatives and to ensure that the exclusive prerogatives of trade unions shall be preserved, in particular their right to collective bargaining and to conclude a collective agreement and to have free access to the workers; (d) workers right to choose to organise in a trade union and to collective bargaining will be respected;
2021/10/26
Committee: EMPLFEMM
Amendment 544 #

2021/0050(COD)

Proposal for a directive
Article 4 – paragraph 2
2. Member States shall take the necessary measures e, after consurlting that tools or methodologies are established toe social partners and the equality bodies, to ensure that tools or methodologies are established and are easily accessible to workers and employers for the purpose of assessing and compareing the value of work in linaccordance with the criteria set out in this Article. These tools or methodologies may and to encourage the use of such tools or methodologies to determine pay levels. These tools or methodologies shall be established with the involvement of the social partners, and the worker’s representatives, or in the absence thereof, the workers concerned shall be involved in the process and be given access to all relevant information. These tools shall include gender-neutral job evaluation and classification systems.
2021/10/26
Committee: EMPLFEMM
Amendment 627 #

2021/0050(COD)

Proposal for a directive
Article 6 a (new)
Article 6 a Prohibition of pay secrecy clauses Member States shall put in place measures to prohibit contractual terms which aim to restrict a worker from disclosing information about their pay or to seek information from the same or other categories of workers’ pay.
2021/10/26
Committee: EMPLFEMM
Amendment 662 #

2021/0050(COD)

Proposal for a directive
Article 7 – paragraph 4 a (new)
4a. Workers’ representatives shall have the possibility to request information on pay level on behalf of a worker, broken down by gender and category of workers. Workers shall be entitled to be informed on which persons are included in the category of workers used by the employer in the calculation of the median wage levels pursuant to paragraph 1.
2021/10/26
Committee: EMPLFEMM
Amendment 796 #

2021/0050(COD)

Proposal for a directive
Article 9 – paragraph 1 – introductory part
1. Member States shall take appropriate measures to ensure that all employers with at least 250 workers conduct, in cooperation with their workers’ representatives, a joint pay assessment where both of the following conditions are met:n the pay reporting conducted in accordance with Article 8 demonstrates a difference of average of pay level among workers of different gender which the employer can not justify by objective and gender-neutral factors.
2021/10/26
Committee: EMPLFEMM
Amendment 1010 #

2021/0050(COD)

Proposal for a directive
Article 25 – paragraph 3
3. Member States shall provide the equality bodies with additional resources and ensure their adequate resourcefunding and sufficient capacity that is necessary for effectively carrying out their new functions with regard to the respect for the right to equal pay between men and women for the samefor equal work or work of equal value. Member States shall consider allocatingon top of the national resources assigned to equality bodies to additionally allocate the amounts recovered as fines pursuant to Article 20 to the equality bodies for that purpose.
2021/10/26
Committee: EMPLFEMM
Amendment 1014 #

2021/0050(COD)

Proposal for a directive
Article 26 – paragraph 2
2. Each Member State shall designate a body (‘monitoring body’) for the monitoring and support of the implementation of national legal provisions implementing this Directive and shall make the necessary arrangements and ensure adequate resources for the proper functioning of such body. The monitoring body may be part of existing bodies or structures at national level, depending on the national institutional context for implementing the principle of equal pay. It shall work closely with the social partners involved in the application of the principle of equal pay.
2021/10/26
Committee: EMPLFEMM
Amendment 30 #

2020/2263(INI)

Motion for a resolution
Paragraph 2
2. Notes that simplifying VAT with the introduction of a single rate and revenue neutrality could reduce the standard rate in the EU by an average of 7%, thus bringing the; observes that a lower standard VAT rate down from 13% to 2%would benefit consumers, in particular low income households;
2021/10/21
Committee: ECON
Amendment 33 #

2020/2263(INI)

Motion for a resolution
Paragraph 3
3. Takes the view that applying a multitude of reduced rates aggravates the complexity and opacity of the tax system, facilitates fraud and increases compliance costs; notes that, instead of striving for reduced rates for environmentally friendly products or services, applying a uniform standard VAT rate with mark-ups for high-polluting goods and services should be considered;
2021/10/21
Committee: ECON
Amendment 45 #

2020/2263(INI)

Motion for a resolution
Paragraph 4 a (new)
4 a. Notes with concern that some Member States do not generally exempt in kind donations from VAT, leading businesses to destroy consumer goods, notably returns, rather than donating them to charitable causes, even though such an exemption is possible under the existing VAT Directive; calls on the Commission to issue guidance to Member States, clarifying that VAT exemptions for in kind donations are compatible with the existing Union law on VAT until Council proposal 2018 (COM(2018) 20 final, Article 98.2) is adopted by Member States;
2021/10/21
Committee: ECON
Amendment 48 #

2020/2263(INI)

Motion for a resolution
Paragraph 5
5. Takes the view that the current diversity of reduced rates imposes particularly high compliance costs on businesses; and that compliance costs are estimated to be an average of 2.5% of company turnover and vary considerably from Member State to Member State22 ; also notes that digitalisation can contribute greatly to the reduction of compliance costs for businesses; _________________ 22 Less than 1% in LU; almost 4% in PL.
2021/10/21
Committee: ECON
Amendment 49 #

2020/2263(INI)

Motion for a resolution
Paragraph 6
6. Observes that SMEs must pay proportionately higher compliance costs, as these costs are fixed and independent of company size, and that high compliance costs constitute a barrier to entry into the EU internal market; takes the view, therefore, that differentiated VAT regimes within the EU may act as a disincentive to exportscreate an unlevel playing field between large multinational companies and SMEs,however the empirical evidence on the effect of VAT systems on international trade is inconclusive;
2021/10/21
Committee: ECON
Amendment 63 #

2020/2263(INI)

Motion for a resolution
Paragraph 8
8. Observes that the wide variety of rates causes price distortion in the internal market, creating incentives for cross-border purchases and giving rise to increased tax competition between Member States; notes that in particular the diversification of VAT rates creates an incentive to exploit price differences across countries by shifting consumption to Member States with lower VAT rates and distort revenue collection by governments and thus potentially lead to tax competition among Member States; recalls that companies need clear and unambiguous VAT rules to encourage cross-border business and reduce their administrative burdens;
2021/10/21
Committee: ECON
Amendment 70 #

2020/2263(INI)

Motion for a resolution
Paragraph 9
9. Stresses that a well-designed VAT system is neutral and should not affect trade, but that in practice this principle is difficult to verify at global level given the application of VAT exemptions, the ineffectiveness of refund systems, the wide variety of rates – incurring higher compliance costs – and the fact that VAT has superseded income taxes with a view to encouraging trade;
2021/10/21
Committee: ECON
Amendment 73 #

2020/2263(INI)

Motion for a resolution
Paragraph 9 a (new)
9 a. Notes that empirical evidence shows that the current system of multiple VAT rates is regressive in EU Member States when measured as a percentage of disposable income, but tends to be proportional or slightly progressive in most EU Member States when measured as a percentage of expenditure; notes further that, inparticular, when measured in terms of expenditure, existing reduced and zero VAT rates thereby help to make VAT more progressive compared to single rate VAT systems; notes in addition that evidence also shows that only VAT rates which were reduced with the aim of supporting low-income households (such as reduced rates on food) make the VAT more progressive;
2021/10/21
Committee: ECON
Amendment 75 #

2020/2263(INI)

Motion for a resolution
Paragraph 10
10. Observes that the application of reduced rates does not systematically give rise to permanent price reductions for the consumer; that the effectiveness of a reduced rate depends on a number of factors, such as the extent to which businesses pass it on to consumers, its duration over time, the size of the reduction and the complexity of the rate system; that the passing-on of reductions in their entirety is therefore a randomcomplex process and should not be the basis for policy- making; that it is impossible to target low- income householdundertaken without a sound impact assessment; ; notes, however, that evidence shows that reduced VAT rates with the aim of supporting low-income households (such as reduced rates on food) make the VAT more progressive; also notes that while existing reduced and zero VAT rates are of greater proportional benefit to low- income households in the EU (measured as the proportion of expenditure), they are typically of greater benefit to high-income households in absolute (cash) terms;
2021/10/21
Committee: ECON
Amendment 86 #

2020/2263(INI)

Motion for a resolution
Paragraph 11
11. Recalls that for it to have a leverage effect, green taxation must be inclusive, strive for social equity and not undermine businesses’ international competitiveness; observes that the effectiveness of reduced rates in promoting this type of goods and services or, in a broader sense, merit goods (e.g. culture, health, biodiversity) is chiefly a function of the extent to which they are used to promote such goods; Observes that the effectiveness of reduced VAT rates in promoting environmentally friendly goods and services is still difficult to assess due to a lack of empirical evidence, although in certain case studies and according to certain models positive impacts can be measures; urges, however, that to promote environmentally friendly consumption it is primary importance for Member Statesto phase out all zero-rates and reduced rates on harmful environmental goods and services; invites the Commission to consider the idea of increased VAT rates compared to standard VAT rate for environmentally harmful products to achieve the EU’s climate objectives enshrined in the Green Deal;
2021/10/21
Committee: ECON
Amendment 95 #

2020/2263(INI)

Motion for a resolution
Paragraph 12
12. Stresses that evidence suggests that reduced VAT rates are not ana less effective way of achieving social or environmental objectives since they incur highconsiderable costs for governments owing to the size of the rate gap, reduced tax revenues, increased administrative costs, costly checks and inspections, pressure from lobby groups, compliance costs, economic distortions or even tax evasion, and the difficulty of reaching the target groups;
2021/10/21
Committee: ECON
Amendment 100 #

2020/2263(INI)

Motion for a resolution
Paragraph 13
13. Takes the view that direct tax measures, such as progressive personal income tax rates and carbon taxes and incentives, such as direct grants or tax credits targeting specific consumers and producers, are more effective, flexible, visible and cost-effective tools for achieving these social and environmental objectives;
2021/10/21
Committee: ECON
Amendment 104 #

2020/2263(INI)

Motion for a resolution
Paragraph 14
14. Stresses that a uniform VAT system, combined with a direct tax incentive tool such as the income-based tax credit scheme for low-income households, together with a raft of social reforms, would be a winning strategy along with non-linear progressive personal income tax rates, together with a raft of social reforms and environmental taxes such as carbon taxes, would be a winning strategy for an economic effective social and green holistic tax system; recalls that New Zealand has a flat-rate VAT system and applies tax credit for low- income households; points out that flat-rate subsidies and information campaigns are an option for the promotion of merit goods; concludes that for redistributional purposes, the progressivity of the overall tax system is decisive, even if the VAT is highly regressive, provided the tax system as a whole is progressive, distributional goals can be reached; highlight that increasing the existing reduced rates without compensation measures would disproportionately hurt low-income households;
2021/10/21
Committee: ECON
Amendment 112 #

2020/2263(INI)

Motion for a resolution
Paragraph 15
15. Recalls that VAT revenue is one of the chief sources of public revenue, accounting for some 21% of total tax revenue in the EU on average; that the VAT gap stands at 10% on average; and that VAT also constitutes an own resource for the EU budget; stresses that any reduction in the VAT base leads to less revenue for public finances; calls on national tax authorities to take initiatives to reduce the VAT gap in order to help lift Member States out of the current socio- economic crisis and to the benefit of EU own resources;
2021/10/21
Committee: ECON
Amendment 118 #

2020/2263(INI)

Motion for a resolution
Paragraph 16
16. Endorses the findings of the DIW Econ study which sStresses that on average the VAT standard rate was applied to 71% of the total tax base in the Member States in 2019; points out that diversified VAT systems impose costs on businesses, particularly SMEs via increased compliance costs, create distortions in the internal market and trade, and incur costs on government through lost revenue; adds that reduced rates are an insufficient less effective means of achieving revenue-distribution or environmental objectives; notes, however, that low-income households do benefit from reduced VAT rates although the distributional effects from reduced rates are rather small;
2021/10/21
Committee: ECON
Amendment 122 #

2020/2263(INI)

Motion for a resolution
Paragraph 17
17. Notes the difficulties in reducing the VAT gap between Member States owing to the need to maintain a number of VAT exemptions for certain goods and services and the willingness of Member States to maintain reduced rates of at least 5%; acknowledges that Member States need to conserve the flexibility to set their own VAT rates given the importance of this tax as a budgetary instrument; calls on the Commission to map all the different tax mixes between Member States to better understand the distortive nature of uncoordinated and unharmonised taxsystems;
2021/10/21
Committee: ECON
Amendment 127 #

2020/2263(INI)

Motion for a resolution
Paragraph 18
18. Calls for a simplified VAT system with limits on exemptions and non- standard rates to be introduced with a view to promoting com; highlight that increasing the existing reduced rates without compensation measures would disproportionately hurt low-income households; rejects the idea of a ‘negative list’ as proposed by the European Commission in its 2018 proposal and rather supports the current negotiated ‘positive list’ in the Council; furthermore supports the proposal by the former Portuguese Council Presidency to phase out all zero-rates and reduced rates on environmentally harmful goods and services such as on fossil fuels, chemical pestitivenescides and chemical fertilisers at Member States level; urges Members States to conclude quickly on the proposal for a revised directive on VAT rates;
2021/10/21
Committee: ECON
Amendment 137 #

2020/2263(INI)

Motion for a resolution
Paragraph 19
19. Stresses that the VAT gap is chiefly attributable to the ineffectiveness of enforcement and control measures, particularly those against tax evasion and avoidance and aggressive tax planning; notes that tax competition and low tax morale also contribute to the VAT gap; observes that low redistributive tax system contributes to a low tax morale;
2021/10/21
Committee: ECON
Amendment 143 #

2020/2263(INI)

Motion for a resolution
Paragraph 20
20. Recalls that the effectiveness of reduced rates as a policy tool must always be assessed in the specific context of other existing policy tools; adds that reduced rates are often complementary to existing social and environmental policy tools; and that direct tax incentives arepolicies such as a tax-free threshold along with progressive tax rates is an instruments that bettermore effectively targets low-income households and are, guarantees better redistribution and is generally less costly;
2021/10/21
Committee: ECON
Amendment 150 #

2020/2263(INI)

Motion for a resolution
Paragraph 21
21. Stresses the need to move to a definitive VAT system based on the principle of taxation in the country of destination; callurges on the Council to adopt the proposal for a directive of 25 May 2018 and condemns those Member States blocking progress;
2021/10/21
Committee: ECON
Amendment 2 #

2020/2244(INI)

Motion for a resolution
Citation 28 a (new)
- having regard to the ILO Global Wage Report 2020-20211a, and the ILO Monitors on Covid 19 and the World of Work1b, _________________ 1a https://www.ilo.org/global/publications/bo oks/WCMS_762534/lang--en/index.htm 1b https://www.ilo.org/global/topics/coronavi rus/impacts-and- responses/WCMS_749399/lang-- en/index.htm
2021/01/21
Committee: EMPL
Amendment 3 #

2020/2244(INI)

Motion for a resolution
Citation 28 b (new)
- having regard to the Directive 2019/1158 of the European Parliament and of the Council of 20 June 2019 on work-life balance for parents and carers and repealing council Directive 2010/18/EU,
2021/01/21
Committee: EMPL
Amendment 17 #

2020/2244(INI)

Motion for a resolution
Recital B
B. whereas the COVID-19 outbreak has reversed the positive trend of the employment rate of the last six years in the EU-27, resulting in a reduction of the number of persons in work of about 6.1 million in the second quarter of 2020 and a predicted decrease of 4.5 % over the year 202014 ; whereas workers who remain employed in the labour market have faced a considerable reduction in hours worked and, consequently, loss of income; whereas many more have become unemployed; whereas subsidies and compensations from the States have been insufficient and not gone to everybody in need, leaving people behind and in more vulnerable positions, at risk of falling into poverty; _________________ 14Commission proposal of 18 November 2020 for a joint employment report of the Commission and the Council for 2021 (JER 2021).
2021/01/21
Committee: EMPL
Amendment 22 #

2020/2244(INI)

Motion for a resolution
Recital C
C. whereas hours worked are set to increase faster than headcount employment and employment may also fall further when short-time work schemes are discontinued; whereas the reallocation of workers is usually a lengthy process and employment is therefore expected to decline slightly in 2021;
2021/01/21
Committee: EMPL
Amendment 26 #

2020/2244(INI)

Motion for a resolution
Recital D
D. whereas before COVID-19, economic trends were generally described as positive in the European Semester annual reviews; whereas evidence shows that persistent and increasing inequalities remain among persons and between and within states and regions; widening the gap between lower and higher classes; whereas this leads to multiple discriminations that need to be tackled with an intersectional approach in order to ensure equality of opportunities and a life in dignity for all groups;
2021/01/21
Committee: EMPL
Amendment 31 #

2020/2244(INI)

Motion for a resolution
Recital E
E. whereas the COVID-19 crisis led to a worsening of wage inequality around the world, only partly offset by insufficient state subsidies and minimum wage policies; whereas lower paid workers, disproportionately women and the new precarious youth, are the most affected by the rise in inequalitiesleading to severe situations of precariousness and unprotection;
2021/01/21
Committee: EMPL
Amendment 32 #

2020/2244(INI)

Motion for a resolution
Recital E a (new)
E a. whereas lower paid workers, disproportionately women and young workers are the most affected by the socioeconomic consequences of the crisis and the consequent rise in inequalities, while their work life balance stability is already challenged by their enrolment in education, care obligations, and unfair internship/traineeships/apprenticeships contracts;
2021/01/21
Committee: EMPL
Amendment 40 #

2020/2244(INI)

Motion for a resolution
Recital F
F. whereas the youth unemployment rate has increased due to COVID-19 crisis, reaching 17.1 % in September 2020; whereas 11.6 % of young people aged between 15 and 24 are not in employment or in education (NEETs)15 ; whereas increasing inequalities between generations affect the sustainabilityyouth are an essential part of our welfare systems as well as our democratic healthnd find themselves with fewer and/or low quality opportunities that lead to unpaid work, poor working conditions, long probation periods; _________________ 15 JER 2021.
2021/01/21
Committee: EMPL
Amendment 43 #

2020/2244(INI)

Motion for a resolution
Recital G
G. whereas women are particularly vulnerable to labour market changes owing to social care duties, occupational segregation and their more precarious employment are disproportionally conditioned and unable to adapt to labour market changes; whereas an intersectional evaluation shows that women in vulnerable groups, such as young women with children, personswomen with disabilities or those of a migrant origin, single parent families, LGBTIQ families or those of a migrant origin or pertaining to national minorities, are more likely to be in a worse position;
2021/01/21
Committee: EMPL
Amendment 48 #

2020/2244(INI)

Motion for a resolution
Recital G a (new)
G a. whereas Europe’s Roma continue to face some of the worst socio-economic indicators, with over 80% experiencing poverty and social exclusion, only 43% in paid employment, and disproportionately high NEET rates; whereas the Roma have been particularly hard hit by the Covid-19 crisis, not least in what concerns access to education and training;
2021/01/21
Committee: EMPL
Amendment 51 #

2020/2244(INI)

Motion for a resolution
Recital H
H. whereas the gender employment gap (11.4 %) , gender pay gap (14 %) and gender pension gap (30 %) remain unacceptably high; whereas improving employment opportunities for women, ensuring equal pay and facilitating a good work-life balance, including for men, are vital toby enforcing the right to 10 days of paternity leave, four months of parental leave, five working days of carers’ leave as provided in the Directive on Work Life balance for Parents and Carers, are vital to preserve their mental health and well being, as well as sustainable economic growth and development, productivity, and long-term fiscal sustainability in the EU;
2021/01/21
Committee: EMPL
Amendment 60 #

2020/2244(INI)

Motion for a resolution
Recital I
I. whereas unemployment among temporary workers has increased during the COVID-19 pandemic; whereas non- standard ways of working and workers in essential jobs were not guaranteed health and safety at work, including mental health; whereas one in five workers in the EU holds a poor quality job; whereas it is expected that in the next decade, job polarisation and non-standard forms of employment will increase further and there will be more jobs at the higher and lower ends of the skills spectrum16 ; _________________ 16 Eurofound (2018), Upward convergence in the EU: Concepts, measurements and indicators, Publications Office of the European Union, Luxembourg.
2021/01/21
Committee: EMPL
Amendment 66 #

2020/2244(INI)

Motion for a resolution
Recital J
J. whereas new forms of employment have emerged or intensified, such as teleworking and non-standard ways of working, and whereas new realities have also emerged and existing trends have intensified during lockdowns, including domestic violence against women and health problems among workers, particularly psychological onesforced teleworking and home-schooling during lockdown put women and children in more vulnerable and dangerous situations of domestic violence;
2021/01/21
Committee: EMPL
Amendment 73 #

2020/2244(INI)

Motion for a resolution
Recital K
K. whereas the pandemic has exacerbated preexisting health and social inequalities17 lowering life expectancy and whereas the poverty rate is predicted to increase as one of the effects of the COVID-19:; whereas Member States had already received health-related Country Specific Recommendations in the 2020 European Semester cycle; whereas Eurofound suggests complementing the Social Scoreboard accompanying the EPSR with additional indicators covering job quality, social justice, discrimination and equal opportunities, robust social welfare systems and fair mobility; _________________ 17EuroHealthNet (2020), Recovering from the COVID-19 pandemic and ensuring health equity. The role of the European Semester.
2021/01/21
Committee: EMPL
Amendment 80 #

2020/2244(INI)

Motion for a resolution
Recital L
L. whereas social dialogue is crucial in the European social model for finding tailor-made solutions for the labour market; whereas civil dialogue continues to be left behind, thus deepening the gap between citizens and institutions; whereas social dialogue has been weakened and collective bargaining coverage has fallen across Europe as a result of austerity politics and decentralisation processes that followed the 2008 crisis and labour market reforms induced in some Member States, as pointed out in the European Semester country reports;
2021/01/21
Committee: EMPL
Amendment 84 #

2020/2244(INI)

Motion for a resolution
Recital M
M. whereas the demographic challenge requires a comprehensive approach based on a mix of policy solutions in the fields of, intersectional and coordinated approach among inclusive, non-discriminatory, social policies that ensure universal, adequate, and poverty-proof, first pillar pensions, social security, care services, housing, early childhood schools, long- term care, health systems, social inclusion, integration of migrants and work-life balance, gender equality, high levels of employment and wagesoverage at all levels, stable health systems, as well as universal child care and schooling, decent and accessible housing, adequate employment and working conditions that respect work-life balance and the right to disconnect, with adequate minimum wages and a minimum income for those outside the labour market;
2021/01/21
Committee: EMPL
Amendment 107 #

2020/2244(INI)

Motion for a resolution
Paragraph 1
1. Welcomes the inclusion of the EPSR and the United Nations Sustainable Development Goals in the Annual Sustainable Growth Strategy (ASGS) 2021; calls for fairness and social rights to be given the same importance in the new economic model as macro-economic stability in a Social Union; Stresses that greening the economy and investing in more efficient healthcare systems will enhance Europe’s capacity to improve the well-being of the people living in the EU; emphasises the central role of the Social Scoreboard in the European Semester18 ; ; _________________ 18Social Score of Indicators. Eurostat 2020 https://ec.europa.eu/eurostat/web/european -pillar-of-social-rights/indicators/social- scoreboard-indicators
2021/01/21
Committee: EMPL
Amendment 112 #

2020/2244(INI)

Motion for a resolution
Paragraph 1 a (new)
1 a. Reiterates its call for the transformative agenda of the European Green Deal to be put at the core of the renewed European Semester; urges the Commission to ensure, including through legislative proposals where appropriate, that all Member States’ socioeconomic, macroeconomic and fiscal policies contribute to and are fully consistent with the objectives and targets of the European Green Deal and that social and environmental targets and objectives related to SDGs are introduced in the framework of the multilateral surveillance procedure referred to in Article 121 TFEU as well as in the context of a reinforced macroeconomic imbalance procedure; considers that the inclusion of SDGs and the Social Pillar within the scope of the European Semester will require the adjustment of existing indicators and the creation of new ones to monitor the implementation of EU economic, environmental and social policies, as well as coherence between policy goals and budgetary means; notes the need to implement long-term planning to tackle climate change;
2021/01/21
Committee: EMPL
Amendment 127 #

2020/2244(INI)

Motion for a resolution
Paragraph 3
3. Highlights that the current process of evaluation is inefficient and without democratic control; Calls on the Commission and the Member States to reform the financial legal framework and the European Semester process in order to strengthen democratic accountability and the involvement of the European Parliament and strengthen the role and participation of national social partners; stresses that the social progress objectives regarding social welfare and health systems and quality employment must be not only shielded from the application of macroeconomic conditionality but also enforced within the framework of the European Green Deal;
2021/01/21
Committee: EMPL
Amendment 154 #

2020/2244(INI)

Motion for a resolution
Paragraph 5
5. Emphasises the need to integrate social progress as an investment priority to achieve a Social Union, together with green and digital transitions, in order to protect vulnerable people against the negative impact of the current crisis and mitigate the widening of inequalities, including in the health area; recalls that social progress plans must be included in national recovery and resilience plans, outlining the implementation of the EPSR and of social investment; stresses the role of the European Parliament as co- legislator and calls for its input to be taken into account to ensure democratic monitoring in the Recovery and Resilience plans; calls on Member States to put in place timely and robust coordination mechanisms of their plans guaranteeing broad dialogue with regional social partners;
2021/01/21
Committee: EMPL
Amendment 167 #

2020/2244(INI)

Motion for a resolution
Paragraph 6
6. Stresses that fiscal flexibility to support investment in social rights is vital, as is the mainstreaming, effectively and at all stages both at Union and Member States level, of all principles enshrined in the EPSR, taking due account of different socio-economic environments and the diversity of national systems, including the role of social partners; demands that any proposed fiscal measures be ex-ante assessed and monitored against the provisions of Article 9 of the TFEU to evaluate their social impact, and that they only be considered when they will be beneficial for upward social convergence and increasing wellbeing standards in Member States;
2021/01/21
Committee: EMPL
Amendment 179 #

2020/2244(INI)

Motion for a resolution
Paragraph 7 a (new)
7 a. Recalls that to understand new demands, behaviours and responses, better gathering, monitoring and use of existing and new forms of data and evidence is needed; is concerned about the lack of references to combatting discrimination and racism and to ensure equality of opportunity and a life in dignity for all groups including of children and their access to education; calls on the Commission to strengthen the implementation of anti-discrimination legislation, policy, and practice, in order to effectively counter discrimination on all grounds, including antigypsyism and preserve social, mental, cultural and physical wellbeing in the recovery measures;
2021/01/21
Committee: EMPL
Amendment 181 #

2020/2244(INI)

Motion for a resolution
Paragraph 8
8. Calls on the Commission and the Member States to develop a green and sustainable quality employment package, includingwith legislative initiatives aimed at improving wages and protectensuring decent working conditions for all, with a particular focus on teleworkincluding adequate working places for people with disabilities, as well as facilitating telework when necessary, the right to disconnect, mental well-being at work, occupational health and safety, the rights of short-term and atypical workers, self-employed and platform workers, ensuring quality jobworking conditions for essential workers, and strengthening democracy at work and the role of the social partners and collective bargaining; ; stresses that these objectives will only be achieved with democracy at work and collective bargaining agreements with the involvement of the social partners;
2021/01/21
Committee: EMPL
Amendment 198 #

2020/2244(INI)

Motion for a resolution
Paragraph 10
10. Calls for a sustainable quality employment package and notes that macroeconomic policies that guarantee high levels of green employment, good working conditions, and effective workers’ representation, as well as fair taxation, are essential for thea sustainability of our national pension systems in a demographic context of ageing Europele society; stresses that tax and benefit systems must be designed in a way to reduce inequalities and populationromote fairness;
2021/01/21
Committee: EMPL
Amendment 203 #

2020/2244(INI)

Motion for a resolution
Paragraph 10 a (new)
10 a. Recalls that EU-level social protection mechanisms are essential to ensure that the economic and monetary union is coherent with a true social union; calls on the Commission to present an instrument to mitigate the effects of asymmetric shocks that is effective in the long run, such as an adequate and workable unemployment (re)insurance scheme that would be able to back up national schemes when a part of the EU experiences a temporary economic shock; is of the opinion that the SURE initiative fell short of what was needed;
2021/01/21
Committee: EMPL
Amendment 208 #

2020/2244(INI)

Motion for a resolution
Paragraph 11
11. Calls on the Member States to ensure universal access to high-quality healthcare and to refocus health systems on preventive care, notably by implementing relevant country-specific recommendations; calls on Member States to ensure adequate social protection floors for all workers (in particular those in vulnerable positions such as in non- standard forms of work, migrants and those with disabilities) and including the self-employed;
2021/01/21
Committee: EMPL
Amendment 216 #

2020/2244(INI)

Motion for a resolution
Paragraph 11 a (new)
11 a. Calls on the Commission to extend the Country Specific Recommendations in the future to include the outcome regarding the involvement and effectiveness of social partners in wage- setting mechanisms;
2021/01/21
Committee: EMPL
Amendment 220 #

2020/2244(INI)

Motion for a resolution
Paragraph 12
12. SIs of the opinion that the mutual recognition of learning outcomes, qualifications and diplomas at all education levels as well as of non-formal learning will help to overcome skills shortages and mismatches; stresses that implementing the EU skills agenda equitably is critical for promoting health systems and tackling skills shortages for people in newall fields of work; warns, however, that a skills agenda is not enough to tackle the increasing pre across all ages, and highlights the importance of upskilling and reskilling for the green and digital transitions; reminds that employers should facilitate access to appropriate training and opportunities for vocartiousness and in-work poverty in the EU labour marketnal training to broaden career opportunities and occupational mobility;
2021/01/21
Committee: EMPL
Amendment 225 #

2020/2244(INI)

Motion for a resolution
Paragraph 12 a (new)
12 a. Warns, however, that to tackle the increasing precariousness and in-work poverty in the EU labour market, legislative instruments are essential, and a European framework directive on minimum income is key to guarantee a safety net and a decent life for all citizens;
2021/01/21
Committee: EMPL
Amendment 229 #

2020/2244(INI)

13. Calls for better coordination between environmental, economic and social policies and between the different recovery funds and structural funds, in order to improve synergies and boost social investment resources; calls for reinforced links between the European Semester and other key EU environmental, social and economic policy initiatives, such as the EPSR, the SDGs, the Youth and Child Guarantees, the Social Economy Action Plan, the Antiracism Action Plan, as well as thematic EU strategies for key groups (Gender, Roma, LGBTI+, Disability, Children, etc);
2021/01/21
Committee: EMPL
Amendment 234 #

2020/2244(INI)

Motion for a resolution
Paragraph 13 a (new)
13 a. Calls on all the Member States to prepare their Homelessness Strategies featuring both proactive and reactive measures, adopting the Housing First principle and prioritising the provision of permanent housing to homeless people, proposing ways to tackle energy poverty, stopping evictions and stopping the criminalisation of homelessness;
2021/01/21
Committee: EMPL
Amendment 243 #

2020/2244(INI)

Motion for a resolution
Paragraph 14
14. Calls on the Commission to analyse brain drains in certain regions and sectors, and to support mobile workers by ensuring fair mobility and strengthening the portability of rights and entitlements’ rights to free mobility and portability by ensuring their social security protection;
2021/01/21
Committee: EMPL
Amendment 247 #

2020/2244(INI)

Motion for a resolution
Paragraph 15
15. Points out that fairness conditions musttax avoidance and tax evasion has caused billions in losses of potential revenues for the public finances of several Member States and highlights that tax rate competition has undermined the ability of countries to set tax policies that meet the needs of their economies and people; calls for fairness conditions to be established for companies that wish to access public funds and support in order to avoid such support going to companies based in tax havens, to those without significant worker participation in company matters or codetermination, or those without a ban on bonuses to limit CEO and top executive remuneration;
2021/01/21
Committee: EMPL
Amendment 16 #

2020/2194(DEC)

Draft opinion
Paragraph 4
4. Recalls that the yearly exchange of views regarding the annual work programmes and the multiannual strategies of the agencies in the committees responsible is instrumental in ensuring that the programmes and strategies are aligned to the actual political priorities, especially in the context of the implementation of the principles enshrined in the European Pillar of Social Rights; recalls that the agencies are the most qualified at assessing the use of resources and play a crucial role in supporting the right sustainable projects in line with the European Green Deal; calls on the Commission to ensure funding supporting the Union agencies in securing the social dialogue; notes that the Union agencies have a crucial role in securing social dialogue with the Union institutions;
2021/01/21
Committee: EMPL
Amendment 22 #

2020/2194(DEC)

Draft opinion
Paragraph 5
5. Notes that, similarly to previous years, most of the observations the Court has made in its Annual report on EU agencies for the financial year 2019 concern shortcomings in public procurement procedures; encourages the Union agencies to ensure sustainable public procurement that does not support tax fraud and unfair competition;
2021/01/21
Committee: EMPL
Amendment 24 #

2020/2194(DEC)

Draft opinion
Paragraph 7 a (new)
7a. Notes with concern that in 2019 only 34%1a of members of the highest decision-making bodies of all Union agencies were women and asks in this regard that the Union agencies in the future present data on gender balance for all categories of management staff; encourages the Union agencies in this regard to address the work-life balance of their staff and gender balance in management; __________________ 1ahttps://eige.europa.eu/gender- statistics/dgs/browse/wmidm/wmidm_adm
2021/01/21
Committee: EMPL
Amendment 26 #

2020/2194(DEC)

Draft opinion
Paragraph 7 b (new)
7b. Highlights that transparency and citizens' awareness of the existence of the Union agencies are essential for their democratic accountability;
2021/01/21
Committee: EMPL
Amendment 6 #

2020/2151(DEC)

Draft opinion
Paragraph 3 a (new)
3a. Stresses that at the time when the European Commission will launch its Action Plan on the implementation of the European Pillar of Social Rights and the European Council foresees its endorsement at the Porto Summit in May 2021, Eurofound research reveals the complexity of the social dimension of the European Union and suggests complementing the Social Scoreboard accompanying the European Pillar of Social Rights with additional indicators covering job quality, social justice and equal opportunities, robust social welfare systems and fair mobility; stresses that Eurofound should have the appropriate financial and human resources to develop further those indicators;
2021/01/21
Committee: EMPL
Amendment 10 #

2020/2151(DEC)

Draft opinion
Paragraph 4 a (new)
4a. Appreciates Eurofound’s support to trade unions, employers’ organisations, national governments, and European institutions and its cooperation with other Union agencies working in the field of employment, social affairs and inclusion under the remit of DG Employment;
2021/01/21
Committee: EMPL
Amendment 11 #

2020/2151(DEC)

Draft opinion
Paragraph 4 b (new)
4b. Stresses the importance of Eurofound remaining independent from the other EU agencies but working in close cooperation with them in order to keep on providing added value;
2021/01/21
Committee: EMPL
Amendment 15 #

2020/2151(DEC)

Draft opinion
Paragraph 5 a (new)
5a. Encourages Eurofound to meet its objective to be EMAS certified (the EU Eco-Management and Audit Scheme) by 2022;
2021/01/21
Committee: EMPL
Amendment 13 #

2020/2140(DEC)

Draft opinion
Paragraph 4
4. Notes with concern that the estimated overall level of error in the policy area ‘Economic, social and territorial cohesion’ in 2019 stood at 4.4 % (2018: 5.0 %); underlines that despite the slight decrease in comparison with the previous year, this figure is still largely above the 2 % materiality threshold and the estimated level of error in expenditure for the Union budget as a whole (2.7 %); calls for urgent action to decrease the error rate in the future, and especially for the new funding period;
2021/01/22
Committee: EMPL
Amendment 37 #

2020/2140(DEC)

Draft opinion
Paragraph 13
13. Recognises that the five decentralised agencies under the remit of DG EMPL provide significant contribution and have important added value to the achievement of the specific objectives of DG EMPL’s policy areas; encourages, therefore, a fluent dialogue and cooperation as they help reduce the gap between citizens and institutions.
2021/01/22
Committee: EMPL
Amendment 1 #

2020/2122(INI)

Motion for a resolution
Citation 11 a (new)
— having regard to the ECON Chair's letter to the President of the Eurogroup of 22 July 2020,
2021/05/27
Committee: ECON
Amendment 2 #

2020/2122(INI)

Motion for a resolution
Citation 20 a (new)
— having regard to the statement agreed by the Eurogroup at its meetings of 30 November,
2021/05/27
Committee: ECON
Amendment 5 #

2020/2122(INI)

Motion for a resolution
Citation 39 a (new)
— having regard to the Commission’s action plan “for a comprehensive Union policy on preventing money laundering and terrorism financing” published on 7 May 2020,
2021/05/27
Committee: ECON
Amendment 18 #

2020/2122(INI)

Motion for a resolution
Recital A a (new)
A a. whereas the need remains to limit the damage due to failures within the current structure of the banking system, structural reforms aimed at reducing a priori the systemic risks due to interconnections and complexity, underpinning the “too big to fail problem”, would be much more effective;
2021/05/27
Committee: ECON
Amendment 26 #

2020/2122(INI)

Motion for a resolution
Recital B
B. whereas the completion of the Banking Union beyond its two pillars, the Single Supervisory Mechanism (SSM) and the Single Resolution Mechanism (SRM), is pendingBanking Union remains incomplete as long as it lacks a European Deposit Insurance Scheme (EDIS);
2021/05/27
Committee: ECON
Amendment 37 #

2020/2122(INI)

Motion for a resolution
Recital C
C. whereas the lack of a solution to the treatment of sovereign debt exposures and national options and discretions persists, undermining the European dimension of the Banking Union;
2021/05/27
Committee: ECON
Amendment 44 #

2020/2122(INI)

Motion for a resolution
Recital C a (new)
C a. whereas the sovereign-bank doom loop has not been properly addressed yet;
2021/05/27
Committee: ECON
Amendment 61 #

2020/2122(INI)

Motion for a resolution
Recital F
F. whereas prudential and anti-money laundering supervision is necessary and should be further strengthened;
2021/05/27
Committee: ECON
Amendment 84 #

2020/2122(INI)

Motion for a resolution
Paragraph 1
1. Welcomes the entry of Bulgaria and Croatia into the Banking Union; stresses that before Bulgaria and Croatia enter the euro, they should not only meet the formal entry criteria for debt levels and price stability, but also make significant progress in fighting money laundering and financial crime; emphasizes that a comprehensive assessment of the banking sector should be conduct prior to the accession to the common currency, including on less significant institutions;
2021/05/27
Committee: ECON
Amendment 86 #

2020/2122(INI)

Motion for a resolution
Paragraph 1 a (new)
1 a. Welcomes the discussions in Denmark and Sweden on the possibility to enter the Banking Union and stresses that cooperation amongst national supervisors is of utmost importance, in particular as regard to cross-border activities; underlines that participation must preserve already existing and well- functioning business models with respect to financial stability;
2021/05/27
Committee: ECON
Amendment 95 #

2020/2122(INI)

Motion for a resolution
Paragraph 2 a (new)
2 a. Takes note of the Euro Summit statement of 11 December 2020 which invites the Eurogroup to “prepare, on a consensual basis, a stepwise and time- bound work plan on all outstanding elements needed to complete the Banking Union”; regrets that Member States continue to act outside the Community framework, undermining the Parliament role as co-legislator; asks to be kept informed of the on-going discussions at the level of the Eurogroup and of the High-level Working Group on EDIS;
2021/05/27
Committee: ECON
Amendment 96 #

2020/2122(INI)

Motion for a resolution
Paragraph 2 a (new)
2 a. Reiterates its request for enhanced cooperation with the Eurogroup President, notably by expanding the frequency of the Economic Dialogues with the Eurogroup President to mirror the model and regularity of the Monetary Dialogues;
2021/05/27
Committee: ECON
Amendment 97 #

2020/2122(INI)

Motion for a resolution
Paragraph 3
3. Considers that banks’ response to the current crisis demonstrates that the regulatory reforms in the past decade, as well as the institutional set-up, have resulted in better-capitalised and less- leveraged banks;deleted
2021/05/27
Committee: ECON
Amendment 114 #

2020/2122(INI)

Motion for a resolution
Paragraph 5
5. Underlines the vital contribution to addressing the crisis of public guarantee schemes, moratoria on loan repayments for borrowers in financial difficulty, the central banks’ liquidity programmes and the ECB’s targeted longer-term refinancing operations (TLTRO), asset purchase programme (APP) and pandemic emergency purchase programme (PEPP);
2021/05/27
Committee: ECON
Amendment 124 #

2020/2122(INI)

Motion for a resolution
Paragraph 5 a (new)
5 a. Points out that the TLTRO III programme with funding rates below the deposit facility rate entails a direct subsidization of euro area institutions by the ECB; notes that these subsidies have materialised in the form of increased net interest income in the annual reports for 2020 of many euro area banks; deplores the fact that the size of these subsidies is not monitored and published by the ECB; insists that any extraordinary measures of this kind should be accompanied by measures to mitigate distortions to markets and the economy;
2021/05/27
Committee: ECON
Amendment 128 #

2020/2122(INI)

Motion for a resolution
Paragraph 6
6. NotesRegrets that the ‘quick fix’ to the Capital Requirements Regulation31 extending transitional arrangements in order to support banks’ lending capacity32 ; _________________ 31Regulation (EU) No 575/2013 of the European Parliament and of the Council of 26 June 2013 , postponing the application of the leverage ratio buffer, introducing more favourable treatment onf prudential requirements for credit institutions and investment firms and amending Regulation (EU) No 648/2012 (OJ L 176, 27.6.2013, p. 1). 32Regulation (EU) 2020/873 of the European Parliament and of the Council of 24 June 2020 amending Regulations (EU) No 575/2013 and (EU) 2019/876 as regards certain adjustments in response to the COVID-19 pandemic (OJ L 204, 26.6.2020, p. 4).ublicly guaranteed loans and frontloading the SME and infrastructure factors, has been set without any corresponding obligations; calls on the Commission to assess the time horizon of such temporary measures as well as the introduction of a legally binding dividend and buy-back ban as a supervisory tool during times of crisis;
2021/05/27
Committee: ECON
Amendment 136 #

2020/2122(INI)

Motion for a resolution
Paragraph 6 a (new)
6 a. Notes that in December 2020 the SSM issued a statement changing its previous recommendation by lifting the outright ban on dividends payments and share buy backs and allowing distributions for banks with robust capital trajectories; underlines the danger that an application of distribution restrictions only to banks with weak capital positions can signal these weaknesses to the market, thus leading to further drops in the banks' share valuations;
2021/05/27
Committee: ECON
Amendment 138 #

2020/2122(INI)

Motion for a resolution
Paragraph 6 b (new)
6 b. Stresses the “unchartered waters” when it comes to credit risk exposure, as the repeatedly extended payment moratoria conceal the full extent of non- performing loans, a situation, recently described by the SSM chair as “flying blind"; considers, therefore, the lift of the dividends distributions ban as an inappropriate response to the increasing uncertainty about the health of the European banking sector; supports that the SSM should extend the currently applicable restrictions on distributions beyond September 2021 as long as fundamental uncertainties about the economic recovery and the quality of bank assets persist;
2021/05/27
Committee: ECON
Amendment 139 #

2020/2122(INI)

Motion for a resolution
Paragraph 6 c (new)
6 c. Notes with concern the heterogenous application of IFRS 9 with regard to loss provisioning by institutions revealed during the Covid-19 pandemic; calls on the SSM to take measures to ensure the consistent application of reporting standards across institutions in the Union;
2021/05/27
Committee: ECON
Amendment 140 #

2020/2122(INI)

Motion for a resolution
Paragraph 6 d (new)
6 d. Calls on the SSM to provide an estimate of the level of distributions (dividends and share buy backs) as well as variable remuneration undertaken in the first and second trimester of 2021 by banking institutions within its remit and assess their impact on banks’ capital position;
2021/05/27
Committee: ECON
Amendment 144 #

2020/2122(INI)

Motion for a resolution
Paragraph 7 a (new)
7 a. Is concerned that the European Banking Authority has not delivered its proposals for reducing the administrative burden for small institutions within the deadline set by co-legislators in the banking package; asks for more proportionality in banking regulation;
2021/05/27
Committee: ECON
Amendment 151 #

2020/2122(INI)

8 a. Stresses the crucial role of the banking sector in channelling funding into sustainable investments and enabling the transition to a climate-neutral economy; underlines the importance of the Taxonomy regulation for such an endeavour; stresses the need to expand the current scope of the Taxonomy regulation by notably including a classification system for unsustainable activities (‘brown taxonomy’);
2021/05/27
Committee: ECON
Amendment 152 #

2020/2122(INI)

Motion for a resolution
Paragraph 8 b (new)
8 b. Calls on the Commission to pursue its efforts in the field of sustainable finance by adopting the remaining delegated acts of the EU Taxonomy and Disclosure Regulation and applying, inter alia, a robust “do not significantly harm” methodology; is concerned that the ESAs deviated from Level 1 text, when developing regulatory technical standards on the Disclosure Regulation in particular as regards forward looking metrics for climate emissions, the DNSH principle and key performance indicators regarding the extent to which investments are aligned with the Taxonomy regulation; urges the Commission to adopt Delegated acts in line with the Level 1 mandate;
2021/05/27
Committee: ECON
Amendment 154 #

2020/2122(INI)

Motion for a resolution
Paragraph 8 c (new)
8 c. Calls for the establishment of a binding and credible EU-wide green bond standard, based on a strong link with the EU taxonomy and the definition of a framework favourable to the development of these bonds in order to enhance the transparency, effectiveness and credibility of sustainable investments;
2021/05/27
Committee: ECON
Amendment 155 #

2020/2122(INI)

Motion for a resolution
Paragraph 8 d (new)
8 d. Welcomes the revision of the NFRD (Corporate Sustainability Reporting) and the forthcoming Sustainable Corporate Governance Initiative as way to ensure consistency, comparability and reliability of sustainability information across the financial and non-financial sector;
2021/05/27
Committee: ECON
Amendment 156 #

2020/2122(INI)

Motion for a resolution
Paragraph 8 e (new)
8 e. Regrets that credit rating agencies do not properly and systematically include ESG risks in their rating methodologies; considers the lack of adequate integration of environmental and transition risks in credit rating models a significant methodological flaw; calls on the ESMA to make full use of its supervisory powers to ensure credit rating agencies’ models properly account for all ESG risks;
2021/05/27
Committee: ECON
Amendment 173 #

2020/2122(INI)

Motion for a resolution
Paragraph 11
11. Notes the postponement ofat the implementation of the Basel III reforms and awaits the Commission’s upcoming proposal on the implementation of the finalised standards, taking into account the specificities of the EU banking sectorhas been postponed and underlines the need to implement them without unnecessary delay; stresses that international developments should be reflected, in particular as regards to the output floor; urges the Commission to refrain from integrating European specificities in a way that goes counter the very objective of Basel III, namely to make the riskiest institutions more viable; calls on the Commission to pay close attention to proportionality, maintaining a level playing field and fair competition when transposing international standards, notably for less-riskier business models, such as covered bond issuers, for which targeted deviations duly justified and documented could be envisaged;
2021/05/27
Committee: ECON
Amendment 186 #

2020/2122(INI)

Motion for a resolution
Paragraph 12
12. Notes the interdependencies between banks and central counterparties (CCPs); highlights that there is considerable interconnectedness between the non-bank financial intermediation sector and the ‘traditional’ banking sector, which raises concerns of systemic risk given the lack of appropriate regulation and supervision of the former;
2021/05/27
Committee: ECON
Amendment 196 #

2020/2122(INI)

Motion for a resolution
Paragraph 13
13. Regrets the failure to ensure full gender balance in EU financial institutions and bodies; stresses that the Eurogroup missed the opportunity to secure gender balance in the ECB Governing Council, as it did not consider any female candidates in the selection procedure and refused to present a gender-balanced shortlist of candidates; reiterates the Parliament’s commitment not to take into account lists of candidates where the gender balance principle has not been respected;
2021/05/27
Committee: ECON
Amendment 201 #

2020/2122(INI)

Motion for a resolution
Paragraph 14 a (new)
14 a. Notes with concern that the Bulgarian member of the SSM’s Supervisory Board has in the past served as CFO of First Investment Bank, which suffers from serious governance problems;
2021/05/27
Committee: ECON
Amendment 215 #

2020/2122(INI)

Motion for a resolution
Paragraph 17
17. Stresses that ensuring proper and timely management of deteriorated exposures will be key to preventing a build-up of non-performing loans (NPLs) in the short term; notes in this regard the Commission communication on “Tackling non-performing loans to enable banks to support EU households and businesses”; regrets that such communication lacks any concrete proposals on ensuring borrowers’ protection; calls on the Commission to ensure a high level of consumer protection in the upcoming revision of the Consumer Credit Directive, including standards of debt collection and forbearance measures;
2021/05/27
Committee: ECON
Amendment 240 #

2020/2122(INI)

Motion for a resolution
Paragraph 19 a (new)
19 a. Is alarmed that recent banking crises have revealed that credit institutions have routinely miss-sold bonds and other financial products to retail customers; regrets that the enforcement of the BRRD provisions on consumer protection with respect to MREL eligible liabilities has been piecemeal; urges the Commission to assess the misselling of financial products by banking institutions and based on the findings to come up with appropriate proposals, including in the upcoming BRRD revision;
2021/05/27
Committee: ECON
Amendment 241 #

2020/2122(INI)

Motion for a resolution
Paragraph 19 b (new)
19 b. Stresses that an effective system of European financial supervision necessitates far-reaching product intervention powers by the European Supervisory Authorities to take action where financial and credit products have resulted in or are likely to result in, consumer detriment; regrets that these powers remain currently temporary and exceptional; calls on the co-legislators to enhance the ESAs powers in the upcoming MIFIR/MIFID revision;
2021/05/27
Committee: ECON
Amendment 242 #

2020/2122(INI)

Motion for a resolution
Paragraph 20
20. Stresses the benefits of banking consolidation in addressing the overcapacities and fragmentation of the banking sector;deleted
2021/05/27
Committee: ECON
Amendment 253 #

2020/2122(INI)

Motion for a resolution
Paragraph 21
21. Regrets that the home host issue remains a challenge; is concerned tharecognises that addressing home/host supervisory concerns remains part iof the level of NPLs rises as public support measuradditional steps needed to complete the Banking Union; stresses that such concerns stem from host authorities begin to recede, home and host countries may put in place measures to protect assets and proceed with renewed ring-fencing; stresses that banks ng responsible for paying out depositors should a subsidiary be liquidated; considers therefore that the home/host tension will not be allayed until the European risk sharing architecture has been completed and seeds to be able to operate across borders while managing he establishment of a fully-fledged EDIS as an integral part of the solution; furtheir capital and liquidity at a consolidated level, in order to diversify their risks and address any lack of profitability; considers that gradual harmonisation is required in areas where national options and discretions apply, including in the area of insolvency lawlls for a better inclusion of “local risk” into the group’s requirements that would reduce the need to “ring-fence”, a review of the SRM governance to accommodate voting modalities with a more direct involvement of both host and home authorities and harmonisation of insolvency law to facilitate resolution- planning for cross-border banking groups within the Banking Union;
2021/05/27
Committee: ECON
Amendment 276 #

2020/2122(INI)

Motion for a resolution
Paragraph 24
24. NotWelcomes the efforts of the SSM to provide guidance and clarity to banks for self-assessing and appropriately reporting environmental and climate change-related risks; considers the SSM climate risk stress test an important step in evaluating banks’ practices and identifying concrete areas of improvement; regrets that the EBA did not consider climate risk in its stress test scenarios;
2021/05/27
Committee: ECON
Amendment 289 #

2020/2122(INI)

Motion for a resolution
Paragraph 25 a (new)
25 a. Deplores the fact that the requirements for the fit and proper assessments of members of the management body of credits institutions are implemented non-uniformly across Member States; therefore calls for further harmonisation in this area; insists that fit and proper assessments by the competent authorities must always be conducted ex- ante and not ex-post;
2021/05/27
Committee: ECON
Amendment 290 #

2020/2122(INI)

Motion for a resolution
Paragraph 25 b (new)
25 b. Regrets that several Member States have not fully transposed the Anti- Money Laundering Directive IV and V yet and even more Member States have serious shortcomings in their effective implementation; welcomes that the Commission has started to launch infringement procedures and recalls its serious concern about regulatory and supervisory fragmentation in the AML/CFT area, which is ill-suited to supervise the increasing cross-border activity in the EU; calls the Commission to launch infringement proceedings for any remaining lack of effective transposition and implementation of Anti- Money Laundering Directives.
2021/05/27
Committee: ECON
Amendment 291 #

2020/2122(INI)

Motion for a resolution
Paragraph 25 c (new)
25 c. Welcomes the Commission’s action plan “for a comprehensive Union policy on preventing money laundering and terrorism financing” published on 7 May 2020;
2021/05/27
Committee: ECON
Amendment 292 #

2020/2122(INI)

Motion for a resolution
Paragraph 25 d (new)
25 d. Calls the Commission to swiftly adopt its Anti-Money Laundering legislative package, urges the Commission to present a proposal to set-up an European Anti-Money Laundering supervisor and transfer large elements of the existing AML Directives into a regulation; stresses that the scope of the Anti-Money Laundering framework should cover crypto-assets issuers and providers; invites the Commission to consider the creation of an European Financial Intelligence Unit (FIU);
2021/05/27
Committee: ECON
Amendment 293 #

2020/2122(INI)

Motion for a resolution
Paragraph 25 e (new)
25 e. Welcomes the Commission’s Digital Finance Package; considers that the Commission’s proposals on Markets in crypto-assets and Digital Operational Resilience are timely, useful and necessary; emphasises that while digital finance increases the financing options for consumers and businesses, the consumer protection and financial stability should be preserved;
2021/05/27
Committee: ECON
Amendment 309 #

2020/2122(INI)

Motion for a resolution
Paragraph 29 a (new)
29 a. Takes notes of the SRB Covid19 measures that include a “forward looking approach” to 2019 MREL targets as well as further relief to banks in the form of changes to the intermediate MREL targets under the BRRD II; underlines that the legal basis of such regulatory action appears questionable, as it has been taken in the absence of a BRRD legislative change in light of the Covid crisis similar to the “CRR quick fix”; stresses that information on such measures remains extremely limited on the SRB website; urges the SRB to make public the guidance followed by internal resolution teams (IRTs) in applying Covid19 related relief;
2021/05/27
Committee: ECON
Amendment 323 #

2020/2122(INI)

Motion for a resolution
Paragraph 31
31. Notes that the current diversity of insolvency regimes is a source of uncertainty about the outcome of liquidation procedures; is of the opinion that in order for the Banking Union to function effectively, bank insolvency laws need to be further harmonised towards an EU-wide regime, that would provide the same level of certainty in liquidation as is expected in resolution; Invites the Commission to reflect on the potential for further harmonisation of specific aspects of existing national insolvency laws in order to ensure a consistent and effective application of the crisis management framework;
2021/05/27
Committee: ECON
Amendment 327 #

2020/2122(INI)

Motion for a resolution
Paragraph 32
32. Finds merit, in particular, in adopting a targeted approach to the harmonisation of the creditor hierarchy in bank insolvency proceedings; underlines, in addition, the need for harmonization of triggers for insolvency proceedings in Member States and their alignment with the withdrawal of a bank’s licence in order to prevent “limbo” situations, where a bank is declared as “failing or likely to fail” but there is neither public interest to start a resolution action nor do national laws allow the initiation of liquidation proceedings;
2021/05/27
Committee: ECON
Amendment 331 #

2020/2122(INI)

Motion for a resolution
Paragraph 33
33. Considers itUnderlines that the 2021 ECA report on "Resolution planning in the SRM" concluded that there are inconsistencies between the internal resolution teams' assessments of critical functions leading to the risk that the SRB may not flag a function as critical although the real economy would be negatively impacted in the event of the bank’s failure; is alarmed that such an approach results in the SRB deciding against placing the bank under resolution and setting MREL requirements; considers it, therefore, necessary to review the public interest assessment in order to allow resolution tools to be applied to a broader group of banks;
2021/05/27
Committee: ECON
Amendment 339 #

2020/2122(INI)

Motion for a resolution
Paragraph 33 a (new)
33 a. Points out that for resolution plans to be fully compliant with the legal requirements, the SRB needs to provide a comprehensive assessment on each bank’s resolvability, including as to whether substantive impediments to resolvability exist and how those impediments can be removed; takes note in this respect of the SRB’s “Expectations for Banks” as well as the resolvability heatmap; stresses however, the 2021 ECA report finding that “the SRB has not yet determined substantive impediments nor initiated an administrative procedure for ensuring the removal of substantive impediments that is provided for in the legal framework; as long as there is no conclusion as to the nature of impediments, there will be no conclusion as to a bank’s resolvability”; underlines that gradual phase in of resolution planning and assessment is not foreseen in the current legal framework; is, therefore, deeply concerned by the fact that 6 years after the establishment of the Bank Recovery and Resolution Directive (BRRD), institutions in the Banking Union lack fully compliant resolution plans; urges the SRB to prepare fully- fledged plans for all the groups under its direct remit including identification and removal of any significant impediments in the 2021 cycle;
2021/05/27
Committee: ECON
Amendment 344 #

2020/2122(INI)

Motion for a resolution
Paragraph 34 a (new)
34 a. Is deeply concerned that the Banking Union still lacks its third pillar, namely a robust European deposit insurance scheme that would ensure the protection of depositors across the entire Banking Union and significantly reduce the negative link between banks and their home sovereign;
2021/05/27
Committee: ECON
Amendment 351 #

2020/2122(INI)

Motion for a resolution
Paragraph 35
35. NotStresses the importance of depositors across the Banking Union enjoying the same level of protection of their savings; takes note of the Commission proposal to further strengthen citizens’ confidence in the protection of deposits by introducing an EDISwherever their bank is located in the EU; calls on the Commission to submit a revised legislative proposal in order to relaunch the negotiations;
2021/05/27
Committee: ECON
Amendment 355 #

2020/2122(INI)

Motion for a resolution
Paragraph 35 a (new)
35 a. Stresses the importance of risk proportionality of contributions to DGS; notes that such risk proportionality is not sufficiently implemented in most existing DGS in the Union; warns that this creates risks of moral hazard and free-riding, leading to a subsidization of speculative business models by conservative ones; notes with concern that these risks are vastly exacerbated by the emergence of online deposit brokerage platforms that use DGS coverage as a central marketing argument; recalls the recent case of Greensill Bank which attracted large amounts of deposits in a short time through such platforms; calls for a strengthening of level 2 legislation on the DGSD to ensure strict risk proportionality of contributions to DGS; emphasizes that contributions to a future EDIS must also be strictly proportional to risk;
2021/05/27
Committee: ECON
Amendment 359 #

2020/2122(INI)

Motion for a resolution
Paragraph 35 b (new)
35 b. Is of the opinion that while EDIS must provide full liquidity and loss coverage, it must preserve Institutional Protection Schemes (IPSs), which must be treated as a single entity for EDIS purposes;
2021/05/27
Committee: ECON
Amendment 370 #

2020/2122(INI)

Motion for a resolution
Paragraph 36
36. Notes the Commission’s launch of the review of the CMDI framework, including the option of a hybrid EDIS;
2021/05/27
Committee: ECON
Amendment 2 #

2020/2079(INI)

Motion for a resolution
Citation 1
- having regard to Articles 2, 3 and 5 of the Treaty on European Union (TEU),
2020/07/23
Committee: EMPL
Amendment 6 #

2020/2079(INI)

Motion for a resolution
Citation 4
- having regard to the Charter of Fundamental Rights of the European Union, in particular Title IV (Solidarity) thereof and the Racial Equality Directive (Directive 2000/43/EC),
2020/07/23
Committee: EMPL
Amendment 13 #

2020/2079(INI)

Motion for a resolution
Citation 33
- having regard to the Commission’s Strategic Engagement for Gender Equality 2016-2019, and to the European Pact for Gender Equality 2011-2020 and the Council conclusions thereon of 7 March 20119 and the Commission communication of 5 March 2020 entitled ‘A Union of Equality: Gender Equality Strategy 2020-2025’, __________________ 9 OJ C 155, 25.5.2011, p. 10.
2020/07/23
Committee: EMPL
Amendment 15 #

2020/2079(INI)

Motion for a resolution
Citation 37 a (new)
- having regard to the Commission communication of 1 July 2020 entitled ‘European Skills Agenda for sustainable competitiveness, social fairness and resilience’,
2020/07/23
Committee: EMPL
Amendment 22 #

2020/2079(INI)

Motion for a resolution
Citation 62 a (new)
- having regard to the Commission communication of 1 July 2020 entitled ‘Youth Employment Support: a bridge to jobs for the next generation’ COM(2020)276),
2020/07/23
Committee: EMPL
Amendment 33 #

2020/2079(INI)

Motion for a resolution
Recital B
B. whereas the COVID-19 crisis is a symmetric shock affecting all Members States, though the impact of the crisis is set to be uneven and likely to penalise vulnerable people and workers the most, and to increase the existing inequalities;
2020/07/23
Committee: EMPL
Amendment 43 #

2020/2079(INI)

Motion for a resolution
Recital C
C. whereas effective European economic, social and health policy coordination with the European Semester based on the European Pillar of Social Rights at its core is crucial for mitigating the effects of the crisis;
2020/07/23
Committee: EMPL
Amendment 74 #

2020/2079(INI)

Motion for a resolution
Recital F
F. whereas the euro area unemployment rate is expected to increase from 7.5 % in 2019 to about 9.5 % in 2020, with substantial differences among Member States, genders, age groups and socio-economic groups;
2020/07/23
Committee: EMPL
Amendment 94 #

2020/2079(INI)

Motion for a resolution
Recital G
G. whereas the crisis will have a significant impact on social conditions, in particular for vulnerablewomen workers, elderly people, vulnerable and minority groups;
2020/07/23
Committee: EMPL
Amendment 111 #

2020/2079(INI)

Motion for a resolution
Recital H
H. whereas fair living wages, strong collective bargaining systems, and social protection can reduce in-work poverty, decrease health and social inequalities and generate demand;
2020/07/23
Committee: EMPL
Amendment 121 #

2020/2079(INI)

Motion for a resolution
Recital H a (new)
Ha. whereas COVID-19 has exposed the gaps in social protection for many in our societies, in particular for platform workers, migrants and refugees;
2020/07/23
Committee: EMPL
Amendment 126 #

2020/2079(INI)

Motion for a resolution
Recital H b (new)
Hb. whereas COVID-19 has worsened the already unacceptable gender employment gap which will worsen the gender pensions gap; whereas COVID-19 has worsened the already unequal sharing of caring responsibilities between men and women;
2020/07/23
Committee: EMPL
Amendment 128 #

2020/2079(INI)

Motion for a resolution
Recital H c (new)
Hc. Whereas homelessness has increased consistently in most Member States over the past decade; whereas at least 700,000 people are homeless on any given night in the EU, 70% more than a decade ago; whereas COVID-19 has demonstrated that homelessness is both a social and public health crisis;
2020/07/23
Committee: EMPL
Amendment 142 #

2020/2079(INI)

Motion for a resolution
Paragraph 2
2. Is concerned about the devastating social effects of the COVID-19 crisis, in particular on vulnerable groupsexacerbating and widening pre-existing inequalities, while creating new ones, in particular on women, elderly, vulnerable and minority groups such as the Roma; stresses that only a decisive and coordinated European response will offset the consequences of the current crisis;
2020/07/23
Committee: EMPL
Amendment 162 #

2020/2079(INI)

Motion for a resolution
Paragraph 3
3. Highlights that in the current crisis, the Stability and Growth Pact has proven to be inadequate, not allowing Member States the fiscal space they need to absorb imbalances, prevent and mitigate the social consequences, which made the activation of the escape clause necessary; demands that social and ecological objectives be given the same legal enforceability as fiscal consolidation and financial stability;
2020/07/23
Committee: EMPL
Amendment 177 #

2020/2079(INI)

Motion for a resolution
Paragraph 4 a (new)
4a. Welcomes that during the COVID- 19 pandemic, many Member States have taken extraordinary measures to prevent and address homelessness by stopping evictions and providing emergency housing; urges Member States to provide sustainable, proactive and reactive solutions in order to eradicate homelessness by 2030; urges the Commission and the Member States to collect data on homelessness and mainstream homelessness in all relevant policies;
2020/07/23
Committee: EMPL
Amendment 188 #

2020/2079(INI)

Motion for a resolution
Paragraph 5
5. Welcomes Next Generation EU, the EU’s recovery plan; calls on the Member States to make use of the general escape clause and invest in people and social welfare systems; calls for specific social progress plans to ensure more effective, equitable and stronger welfare states;
2020/07/23
Committee: EMPL
Amendment 189 #

2020/2079(INI)

Motion for a resolution
Paragraph 5 a (new)
5a. Calls on Member States to ensure that no one is left behind in the Covid-19 crisis by supporting vulnerable groups in informal economy who lost their income as well as unemployed, particularly women and single parents by creating fair minimum wages and binding pay transparency measures;
2020/07/23
Committee: EMPL
Amendment 193 #

2020/2079(INI)

Motion for a resolution
Paragraph 6
6. Stresses the importance of the implementation of the European Pillar of Social Rights (EPSR) and its role as compass for a process leading to renewed socio-economic convergence and achieving the UN Sustainable Development Goals (SDGs); stresses that in order to fuel the recovery, the EU’s investment effort through the Recovery Plan must have a strong social dimension and ensure that none is left behind and support transition to European green and digital transformation;
2020/07/23
Committee: EMPL
Amendment 209 #

2020/2079(INI)

Motion for a resolution
Paragraph 8
8. Calls on the Commission and Member States to ensure that financial assistance is only provided to undertakings not registered in tax havens; demands that funds and resources be directed to projects and beneficiaries that comply with our Treaty-based fundamental values and that recipient firms protect their workers and ensure fair working conditions, pay their fair share of taxes, and refrain from paying out dividends or offering share buy-back schemes aimed at remunerating shareholders;
2020/07/23
Committee: EMPL
Amendment 220 #

2020/2079(INI)

Motion for a resolution
Paragraph 9
9. Calls on the Commission to improve the social scoreboard by integrating further indicators and clear targets reflecting all 20 principles of the EPSR, and to develop mandatory social targets and to develop a taxonomy for social sustainability integrating the social aspects of the Environmental, Social, and Governance (ESG) factors;
2020/07/23
Committee: EMPL
Amendment 232 #

2020/2079(INI)

Motion for a resolution
Paragraph 10
10. Is concerned about the increased rate of unemployment, which will especially affect youth and workers in low- skilled positions and precarious employment; calls on the Commission to propose a permanent EU unemployment reinsurance scheme and a more effective and inclusive Youth Guarantee that guarantees quality standards at European level, with specific provisions and clear objectives to reach those furthest from the labour market excluding unpaid internships; calls on the Member States to adequately invest in effective active labour market policies to prevent long-term unemployment;
2020/07/23
Committee: EMPL
Amendment 243 #

2020/2079(INI)

Motion for a resolution
Paragraph 10 a (new)
10a. Calls on the Commission and Member States to ensure that the COVID- 19 pandemic does not worsen the position of those groups furthest from the labour market, such as informal carers, people with long-term illnesses, disabilities, health problems or complex chronic diseases, migrants and refugees, and people from ethnic and religious minorities;
2020/07/23
Committee: EMPL
Amendment 255 #

2020/2079(INI)

Motion for a resolution
Paragraph 11 a (new)
11a. Calls for no reduction in funding for programmes focused on cohesion and well-being such as the European Social Fund Plus (ESF+);
2020/07/23
Committee: EMPL
Amendment 268 #

2020/2079(INI)

Motion for a resolution
Paragraph 12
12. Welcomes the Commission’s second phase consultation of the social partners on an EU framework for minimum wages; calls on the Commission to present a European framework for minimum wages to eliminate in-work poverty by ensuring decent living wages above the poverty threshold for all workers through collective agreements or through national law; calls for EU-level safeguards for decent and to promote collective bargaining, and by combatting the gender and ethnic pay gap; calls for EU-level promotion of adequate old-age pensions for all workers;
2020/07/23
Committee: EMPL
Amendment 273 #

2020/2079(INI)

Motion for a resolution
Paragraph 12 a (new)
12a. Calls for work on adequate minimum income to be accelerated and guidance issued in the form of an EU framework directive on adequate minimum income (incl. reference budgets) to identify the level of social benefits necessary to ensure people are able to retain a dignified life;
2020/07/23
Committee: EMPL
Amendment 285 #

2020/2079(INI)

Motion for a resolution
Paragraph 13
13. Asks the Commission to propose legal instruments to ensure adequate work hours decent working conditions for all workers, strengthen collective bargaining coverage, ban zero- hour contracts, end bogus self- employment, set strict limits on subcontracting practices, and improve social protection standards; calls on the Commission to present a European directive on decent working conditions for platform workers and non-standard workers;
2020/07/23
Committee: EMPL
Amendment 301 #

2020/2079(INI)

Motion for a resolution
Paragraph 14
14. Calls for an EU teleworking agenda, including a legislative proposal to ensure decent working conditions including respect for working hours, leave, work-life balance and the right to disconnect;
2020/07/23
Committee: EMPL
Amendment 322 #

2020/2079(INI)

Motion for a resolution
Paragraph 16 a (new)
16 a. Is concerned about growing discrimination and racism in Europe; calls on the Commission and Member States to strengthen the implementation of anti-discrimination legislation, policy, and practice, to end structural discrimination against racialised minorities in access to employment and in the workplace and promote positive narratives of diversity;
2020/07/23
Committee: EMPL
Amendment 326 #

2020/2079(INI)

Motion for a resolution
Paragraph 17
17. Calls on the Commission to present an EU child guarantee in 2020 building on the 3 pillar approach of the Council recommendation of 2013 on investing in children, a rights- based, comprehensive and integrated anti- poverty strategy, an EU framework on national homelessness strategies, as well as the post 2020 EU Roma Strategic Framework with concrete objectives and national funding monitored through the European Semester, to conduct a comparative study on the different minimum income schemes in the Member States, and to highlight best practice cases with a view to presenting a framework in this regard;
2020/07/23
Committee: EMPL
Amendment 357 #

2020/2079(INI)

Motion for a resolution
Paragraph 19
19. Calls for accessible and affordable quality childcare and early education services, as well as short- and long-term care and social services, including for the elderly and people with disabilities;
2020/07/23
Committee: EMPL
Amendment 374 #

2020/2079(INI)

Motion for a resolution
Paragraph 21
21. Calls on the Member States to improve the guarantee that high-quality, accessibilityle and inclusiveness of their education systems education, training and lifelong learning are a right for everyone, and to ensure high-quality basic skills training with tailored support, especially for the low-qualified people and the most marginalised groups in society;
2020/07/23
Committee: EMPL
Amendment 375 #

2020/2079(INI)

Motion for a resolution
Paragraph 21 a (new)
21a. Calls on the Commission to develop a political strategy to replace Europe 2020 which aims to eradicate poverty, bringing together key instruments such as the European Green Deal, the European Pillar of Social Rights and the European Semester with a longer-term vision of an economy of wellbeing and the sustainability of our environment and social models, in line with the UN Sustainable Development Goals (SDGs);
2020/07/23
Committee: EMPL
Amendment 382 #

2020/2079(INI)

Motion for a resolution
Paragraph 22
22. Calls on the Commission to update the Skills Agenda for Europe in order to meet the skills requirements of the EU labour market, the society and of the ecological and digital transition;
2020/07/23
Committee: EMPL
Amendment 393 #

2020/2079(INI)

Motion for a resolution
Paragraph 24
24. Calls for the creation of a European Health Union, calls on the Member States to ensure access to high-quality healthcare that is affordable for allhigh-quality, people-centred and accessible healthcare, including efficient and well-resourced preventative and health-promoting approaches that are available and affordable for all; calls on the European Commission to step up its action on tackling inequalities in health between and within EU Member States;
2020/07/23
Committee: EMPL
Amendment 401 #

2020/2079(INI)

Motion for a resolution
Paragraph 24 a (new)
24a. Calls on the Commission to present a communication on guidelines and standards for discrimination-free recruitment policies for Member States and employers, including recommendations for the adoption of equality plans at company level and in sectoral collective agreements and the implementation of diversity taskforces in the workplace, including tackling stereotypes, prejudice and negative attitudes, preventing discrimination in recruitment, promotion, pay and access to training;
2020/07/23
Committee: EMPL
Amendment 4 #

2020/2036(INI)

Motion for a resolution
Citation 5 a (new)
- having regard to the results of the regular ECB Survey on the Access to Finance of Enterprises;
2020/07/17
Committee: ECON
Amendment 5 #

2020/2036(INI)

Motion for a resolution
Citation 5 b (new)
- having regard to the Commission’s Summer 2020 Economic Forecast,
2020/07/17
Committee: ECON
Amendment 9 #

2020/2036(INI)

Motion for a resolution
Recital A
A. whereas all actions taken to create a Capital Markets Union (CMU) should haveaim to improving the range of financing options offered to companies and citizens, as well as a greater range of more attractive investment offers, as their objective access to financing for those real economy businesses that have difficulties obtaining it, especially sustainable ones, or to offer better, i.e. simple and transparent, investment options to citizens in accordance with their risk tolerance;
2020/07/17
Committee: ECON
Amendment 13 #

2020/2036(INI)

Motion for a resolution
Recital A a (new)
Aa. whereas capital markets offer opportunities for investors who seek income and for businesses that seek financing, but are also inherently risky and prone to short-termism; whereas the reasons for risk on capital markets comprise the excess of yield-seeking savings over good quality investment opportunities, weak supply of safe assets and persistently low interest rates; whereas those risks are likely to increase further in the short and medium term as a result of the extreme economic and fiscal uncertainty brought by the COVID-19 crisis and, in the medium and long term, by the financial risks related to climate change;
2020/07/17
Committee: ECON
Amendment 20 #

2020/2036(INI)

Motion for a resolution
Recital A b (new)
Ab. whereas some investors have higher risk tolerance than others, and whereas not all businesses are in a position to access and benefit from capital market finance;
2020/07/17
Committee: ECON
Amendment 26 #

2020/2036(INI)

Motion for a resolution
Recital B
B. whereas the actions taken so far to achieve the CMU are moving in the right directionhave failed to channel more capital towards sustainable businesses and to provide investors with better investment opportunities in accordance with their risk tolerance; whereas much work nevertheless remains to be done in terms of the precision, and effectiveness and simplification of the measures adopted;
2020/07/17
Committee: ECON
Amendment 33 #

2020/2036(INI)

Motion for a resolution
Recital B a (new)
Ba. whereas a well-capitalised banking sector will continue to play an important role in financing businesses, especially SMEs;
2020/07/17
Committee: ECON
Amendment 36 #

2020/2036(INI)

Motion for a resolution
Recital B b (new)
Bb. whereas, according to recent reports and consumer-focused surveys1a, most European retail investors have sustainability preferences and want to take into account environmental, social or governance factors and risks in their investment decisions, but are rarely offered compatible products; _________________ 1aSee for example: https://2degrees- investing.org/wp- content/uploads/2020/03/A-Large- Majority-of-Retail-Clients-Want-to- Invest-Sustainably.pdf
2020/07/17
Committee: ECON
Amendment 44 #

2020/2036(INI)

Motion for a resolution
Recital C a (new)
Ca. whereas the limited use of securitisation since the 2008 global financial crisis is mainly due to the strengthened post-crisis regulatory framework which made securitisation more expensive for banks; whereas the high risks for macro-financial stability associated with securitisation products warrant higher not lower capital requirements; whereas securitisation of SMEs loans is marginal due its additional costs and inherent complexity, which makes it difficult to work without public guarantees;
2020/07/17
Committee: ECON
Amendment 76 #

2020/2036(INI)

Motion for a resolution
Paragraph 1
1. Calls for the removal of barriers, including the simplification of legislation , to diversify funding sources for SMEs, in order to promote SMEs’ ability to access equity markets, and to reduce the existing debt bias; points out that the current situation makes SMEs more fragile and vulnerableEmphasises that, due to their size, the overwhelming majority of SMEs will continue to rely on bank lending as their sole source of finance; supports, however, measures to diversify funding sources for start-ups and those SMEs that can access equity financing due to their relatively large size or high growth prospects;
2020/07/17
Committee: ECON
Amendment 92 #

2020/2036(INI)

Motion for a resolution
Paragraph 2
2. Takes the view that the efficiency of financial markets should be improved and that the listing of companies should be facilitated; encourages the creation and prioritis2. Calls on the Commission to conduct a study and impact assessment of new ways of providing equity financing to those SMEs that are capable to benefit from it by virtue of their size or growth prospects; such a study should examine options like, among others, the creation of a large public-private pan- European fund, an Initial Public Offering (IPO) Fund, to support SMEs or the expansion of mezzanine financing;
2020/07/17
Committee: ECON
Amendment 107 #

2020/2036(INI)

Motion for a resolution
Paragraph 3
3. Calls for the acceleration of the development of EU venture capital (VC) and private equity markets by increasing the availability of funding for VC investments, developing larger late-stage VC funds, tax incentive schepublic programmes for VC and business angel investments, and active IPO markets for VC-backed companies;
2020/07/17
Committee: ECON
Amendment 112 #

2020/2036(INI)

Motion for a resolution
Paragraph 3 a (new)
3a. Stresses the need to remove the existing equity-debt bias in corporate taxation which drives up leverage and encourages the use of complex financial instruments, increasing systemic risks in capital markets; considers that such tax distortions should be addressed by limiting the tax deductibility of interest, rather than introducing new corporate tax deductions for equity costs, which would result in greater losses of corporate income tax revenues without a real impact on value creation;
2020/07/17
Committee: ECON
Amendment 115 #

2020/2036(INI)

Motion for a resolution
Paragraph 3 b (new)
3b. Calls on the Commission to ensure full consistency and coherence of the CMU Action Plan with the EU sustainability objectives, including the EU Taxonomy for sustainable investments, and the imperative need to channel capital flows towards long-term sustainable investments, especially in the context of the post-COVID-19 recovery and the ecological transition; recommends to prioritise actions aimed at promoting access to ESG products and impact investing strategies, as well as measures to improve corporate governance and long-term shareholder and stakeholder engagement;
2020/07/17
Committee: ECON
Amendment 118 #

2020/2036(INI)

Motion for a resolution
Paragraph 4
4. Requests the realignment of the treatment of cash and synthetic securitisations, of the treatment of regulatory capital and liquidity with that of covered bonds and loans, as well as with the disclosure and due diligence requirements for covered bonds and sNotes with concern the proposals put forward by the HLF on CMU for stimulating securitisation aim to circumvent the treatment of regulatory capital and liquidity, including the new Basel III framework, since it would endanger financial stability and amplify systemic risks, without any added value for the real economy; underlines that synthetic securitisations are highly complex, opaque and risky and that it would be misleading to include them under the definition of Simple, tTransparent and sStandardised (STS) securitisation; further stresses that granting to synthetic securitisations a preferential treatment would not be justified from a prudential perspective;
2020/07/17
Committee: ECON
Amendment 124 #

2020/2036(INI)

Motion for a resolution
Paragraph 5
5. Calls for targeted measures within securities market legislation to expedite the recovery after the COVID-19 crisis; supports changes in the Prospectus Regulation, the Markets in Financial Instruments Directive (MIFID), the Securitisation Regulation and the Market Abuse Regulation to facilitate investments in the real economy, in particular in SMEs, and to allow newcomers and new products to enter the markets, preserving consumer protection and market integrityEmphasises that a prime objective of securities market legislation is to safeguard transparency and market integrity to ensure a high degree of investor confidence and protection; stresses that the review of the Markets in Financial Instruments Directive (MIFID) should not be used to promote financial deregulation;
2020/07/17
Committee: ECON
Amendment 138 #

2020/2036(INI)

Motion for a resolution
Paragraph 5 a (new)
5a. Calls on the Commission, in light of the Wirecard accounting scandal, to review the Audit Directive as soon as possible to eliminate the perverse incentives that arise because the auditor is paid by the audited company to which it also often tries to sell consulting services; we further call upon the Commission to investigate whether the oligopoly on the audit market prevents effective control;
2020/07/17
Committee: ECON
Amendment 144 #

2020/2036(INI)

Motion for a resolution
Paragraph 6
6. Asks the Member States to amend their national tax frameworks, in order to reduce taxStresses that different national tax frameworks and harmful tax competition within the EU undermine the sustainability of the CMU and the level playing field and that they are one of the key obstacles to cross- border investments, including withholding tax procedures, and to increase financing by investors to long-term investment opportunities thereby improving returns on long-term savings; believes that an EU-wide withholding tax would be desirable; emphasises that the integration of EU capital markets increases the urgency of adopting a common consolidated corporate tax base (CCCTB) and ensuring the level playing field for EU citizenompanies;
2020/07/17
Committee: ECON
Amendment 152 #

2020/2036(INI)

Motion for a resolution
Paragraph 7
7. Highlights the importance of increasing legal certainty for cross-border investments by makharmonising national insolvency proceedings more efficient and effective;
2020/07/17
Committee: ECON
Amendment 168 #

2020/2036(INI)

Motion for a resolution
Paragraph 9
9. Underlines the need to promote pension provision; wWelcomes the Pan- European Personal Pension (PEPP) product; reminds Member States that PEPPs need toshould be subject to the same tax treatment as national pension products to become an option for saverwhere existing national tax relief policies have proven to be efficient and restricted to low income groups or groups with insufficient access to other collective retirement systems;
2020/07/17
Committee: ECON
Amendment 175 #

2020/2036(INI)

Motion for a resolution
Paragraph 10
10. Encourages the Member States to promote multi-pillar pension systems, including occupational pension schemes, as a way to improve market dynamics and the incentives to invest; believes thatStresses the need to ensure that all European citizens can enjoy safe and adequate pensions, and that public and collective social security systems - play and shall continue to play a primary role in this, especially for low and middle- income segments of the population;; believes that the development of private pension products should be revitalised and made more attractiveensure high consumer protection standards and transparency; encourages the participation of investors in long-term products with tax reduction or exemption policies;
2020/07/17
Committee: ECON
Amendment 185 #

2020/2036(INI)

Motion for a resolution
Paragraph 11
11. Recalls that the Solvency 2 Directive requires a review by the end of 2020 and that the European Insurance and Occupational Pensions Authority (EIOPA) will provide technical advice to the Commission after consultations with different stakeholders; requests the Commission and EIOPA to consider adjusting the capital requirements for investments in equity and private debt, in particular of SMEstresses that this opportunity should be used to strengthen the financial stability of the insurance sector and the protection of policyholders;
2020/07/17
Committee: ECON
Amendment 193 #

2020/2036(INI)

Motion for a resolution
Paragraph 11 b (new)
11b. Calls on the Commission to submit as soon as possible a legislative proposal for a European Single Access Point for financial and non-financial information in respect to listed and unlisted EU companies, while respecting the proportionality principle, where appropriate; believes that ESMA, in close cooperation with the European Financial Reporting Advisory Group, should be put in charge of such a project and that the information provided must, from the start, be based on integrated reporting, including urgently needed comparable, standardised and transparent information related to environmental sustainability as defined in the Taxonomy Regulation as well as information related to the social and governance aspects of sustainability, in line with the Regulation of sustainability-related disclosure for financial services and the Non-Financial Reporting Directive;
2020/07/17
Committee: ECON
Amendment 204 #

2020/2036(INI)

Motion for a resolution
Paragraph 12
12. Stresses the need for European and national supervisory authorities to overcome their differences; calls for regulatory and supervisory convergence to promote a common European model, guided by the European Securities and Market Authority (ESMA), to reduce the existing obstacles tomore effective a joint supervision model under the guidance of the European Securities and Market Authority (ESMA), to ensure adequate oversight of cross-border financial operations; believes that ESMA should be granted more far-reaching powers and resources, especially additional direct supervision powers of large financial market participants and further product intervention power in the area of cross- border financial operations; activity; believes that ESMA's Board of Supervisors should include independent members to limit the risk of conflict of interest of national supervisory authorities and increase the effectiveness of supervision at the EU level;
2020/07/17
Committee: ECON
Amendment 212 #

2020/2036(INI)

Motion for a resolution
Paragraph 13
13. Observes that financial services regulation is a very complex undertaking, with regulation at international, European and national level; encourages all relevant actors to address this complexity to ensure the proportionality of financial regulation and to remove unnecessary administrative burdens;
2020/07/17
Committee: ECON
Amendment 218 #

2020/2036(INI)

Motion for a resolution
Paragraph 13 a (new)
13a. Highlights the benefits for the further integration of EU capital markets to evolve over time towards a Twin Peaks model of supervision, with separate mandates for prudential supervision and consumer protection across sectors in order to improve the effectiveness of supervision of large financial conglomerates reduce the complexity of the European supervisory framework and ensure stronger consumer and investor protection across the EU;
2020/07/17
Committee: ECON
Amendment 225 #

2020/2036(INI)

Motion for a resolution
Paragraph 14
14. Is concernedBelieves that retail investors’ engagement with financial markets remains low; calls for measures to promote retail investments in view of the demographic challenges faced by the EU by increasing the participation of retail investors in capital markets through more attractive and appropriate personal pension products can play a major role in the shift towards long-term stable and sustainable capital markets inconsideration of their long- term investment horizon and sustainability preferences; Is concerned that retail investors’ engagement with sustainable financial markets remains low due to lack of information and lack of financial advice on suitable sustainable investment products; calls for measures to stimulate the supply of simple and transparent sustainable investment and personal pension products, and for measures to ensure that financial advice is reliable and unbiased;
2020/07/17
Committee: ECON
Amendment 233 #

2020/2036(INI)

Motion for a resolution
Paragraph 15
15. Emphasises that access to financial markets should be possible for all enterprises under the ‘same business, same rules’ principlethe legislation on financial markets, including in the field of digital finance, should be based on the ‘same business, same rules’ principle, in order to minimise the potential for regulatory arbitrage and ensure a level playing field across financial services;
2020/07/17
Committee: ECON
Amendment 239 #

2020/2036(INI)

Motion for a resolution
Paragraph 15 a (new)
15a. Underlines that the existence of inconsistencies under different consumer and investor protection rules hinders the possibility to achieve a truly integrated and well-functioning CMU; stresses the need for more horizontal and harmonised consumer protection and business conduct rules, in order to ensure effective and consistent levels of protection across all financial products;
2020/07/17
Committee: ECON
Amendment 249 #

2020/2036(INI)

Motion for a resolution
Paragraph 16
16. Recalls the existence of different shortcomings and inconsistencies in the legislation on packaged retail investment and insurance products (PRIIPs) that should be addressed in the next review in order to improve transparency, comparability and eliminate misleading information; expects that Level 2 PRIIPs legislation on the Key Investor Document to respect level 1 legislation, in particular in relation to the performance scenarios and the PRIIPs with specific environmental or social objectives; regrets the delays in the adoption of Level 2 PRIIPs legislation that will overlap with the first review of PRIIPs, and which increases legal uncertainty and costs for stakeholders;
2020/07/17
Committee: ECON
Amendment 260 #

2020/2036(INI)

Motion for a resolution
Paragraph 18
18. Is of the opinion that the current reporting framework within MIFID II and the European Market Infrastructure Regulation (EMIR) is very costly and complex, hindering the effectiveness of the system; believes that a simplification thereof is necessarycertain disclosure regimes within MIFID II and PRIIPs may be too complex and misleading and lack comparability, hindering the effectiveness of the disclosure and increasing the risk of mis- selling; believes that a simplification and further standardisation thereof is necessary in order to improve transparency and comparability of investment products; stresses, however, that this should not compromise the scope and quality of information;
2020/07/17
Committee: ECON
Amendment 266 #

2020/2036(INI)

Motion for a resolution
Paragraph 19
19. Calls for amendments to legislation to ensure access to reliable independent advice by financial intermediariefor all investment products by retail clients while avoiding promotion of the institution’s own financial products and ensuring a fair marketing of financial products; suitable and affordable financial products from third party product providers in the clients’ best interests; believes that comparable investment products, such as insurance products, should be subject to the same inducement rules as under MiFID II; points out that there is little evidence that the current MIFID II disclosure regime on inducements has had a positive impact on client’s behaviour2a; calls for a EU- wide ban on inducements to avoid potential conflict of interests; _________________ 2a https://www.esma.europa.eu/sites/default/f iles/library/call_for_evidence_impact_of_t he_inducements_and_costs_and_charges _disclosure_requirements_under_mifid_ii __0.pdf
2020/07/17
Committee: ECON
Amendment 273 #

2020/2036(INI)

Motion for a resolution
Paragraph 19 a (new)
19a. Underlines that mystery shopping is an important supervisory tool which can considerably improve the consistency and effectiveness of consumer protection across the EU; invites ESMA to make full use of its new coordination power by promoting EU-wide mystery shopping exercises to identify mis-selling practices and to ensure that any findings of non- compliance with consumer protection and business conduct rules is followed by appropriate enforcement actions;
2020/07/17
Committee: ECON
Amendment 277 #

2020/2036(INI)

Motion for a resolution
Paragraph 20
20. Underlines that financial education is needed to overcome low retail investor engagement with financial markets, based on lack of knowledge, mistrust and risk aversion; can help empower individuals to make more conscious financial choices in line with their preferences, especially in light of the increasingly easy access to risky investment products provided by digitalisation;, considers that financial education should increase awareness of opportunities as well as risks and increase the ability to choose between and compare affordable and individually suitable long- term investment products, while also taking sustainability aspects into account; underlines that it should address the social and gender dimension and that there is no one-size-fits-all approach to handlings one's financial affairs because people of different incomes and wealth levels have different tolerance for risk;
2020/07/17
Committee: ECON
Amendment 284 #

2020/2036(INI)

21. Emphasises, however, that financial education is a medium-term tool, which enrichose effects are limited due to inevitable cognitive biases, the speed of change in financial markets and their sheer complexity; stresses theat financial system and which is a good step for engaging retail investors with financial markeeducation cannot replace access to reliable and impartial professional financial advice, and that it can therefore only play a supplementary role to strong financial regulation and supervision, enforceable codes of conduct for financial intermediaries, and rules that require the provision of relevant and understandable information about investment products;
2020/07/17
Committee: ECON
Amendment 287 #

2020/2036(INI)

Motion for a resolution
Paragraph 21 a (new)
21a. Calls on the Commission to promote the development of employee share ownership and profit sharing, as a tool to improve corporate governance and companies’ sustainability, while reducing inequality as well as the risk of job losses during downturns; stresses that such measures should come on top of fixed salaries and benefits and should not distract from the need to ensure that workers' salaries guarantee them a decent living wage;
2020/07/17
Committee: ECON
Amendment 291 #

2020/2036(INI)

Motion for a resolution
Paragraph 22
22. Urges the Member States to include financial literacy programs in school curricula aimed at developing autonomy in financial matters; suggests the inclusion of this topic in the Programme for International Student Assessment (PISA) study;
2020/07/17
Committee: ECON
Amendment 301 #

2020/2036(INI)

Motion for a resolution
Paragraph 23
23. Takes the view that the digitalisation of financial services can be a catalyst for the mobilisation of capital in the EU while reducing barriers and costs and increasing competition and supervisory efficiency; emphasises that an EU framework with high standards of cybersecurity would be conducive to the, market integrity and investor protection is essential for the further development of a sustainable and well-functioning CMU;
2020/07/17
Committee: ECON
Amendment 314 #

2020/2036(INI)

Motion for a resolution
Paragraph 24
24. Highlights that the Wirecard’s scandal is a warning that ‘sandboxes’ may beused ans adequate tool to enhance the innovation and competitiveness of the financial services sector; requests that the Commission cre may pose significant risks to consumer and investor protection and enable financial fraud; requests thate a pan-European ‘sandbox’ for financial servicestart-ups in the area of Fintech should seek to strike a balance between the objective of fostering innovation and financial stability and the protection of investors and consumers, while taking into account the size, systemic significance and cross-border activity of the firms;
2020/07/17
Committee: ECON
Amendment 319 #

2020/2036(INI)

Motion for a resolution
Paragraph 24 a (new)
24a. Stresses the need to appoint a single European supervisor for oversight of crypto-assets related activities in the European Union, based on a common rulebook and product intervention powers;
2020/07/17
Committee: ECON
Amendment 321 #

2020/2036(INI)

Motion for a resolution
Paragraph 25
25. Points out that Europe competes for capital in a global market, and that, as aintegrated, well- resgult, deeper, more integratedated, stable and efficient European capital markets are critical to protecting Europe’s economic sovereignty, in a number of areas, including the use of the euro in third countries, and to attracting foreign investors;
2020/07/17
Committee: ECON
Amendment 328 #

2020/2036(INI)

Motion for a resolution
Paragraph 26
26. Reiterates that EU legislation provides for the possibility of considering third-country rules as equivalent based on a proportional and risk-based analysis, and that such decisions should be taken through a delegated act; recalls that the EU can unilaterally withdraw any equivalence decisionstresses that, in order to preserve financial stability, the level playing field and the protection of investors and consumers in the EU in the post-Brexit context, the equivalence decisions with the EU regulatory framework should be comprehensive and coherent and be accompanied by enhanced supervisory powers over third countries financial entities; recalls that the EU can unilaterally withdraw any equivalence decision and that any divergence from the EU regulatory standards should be closely monitored;
2020/07/17
Committee: ECON
Amendment 333 #

2020/2036(INI)

Motion for a resolution
Paragraph 27
27. Calls for action towards strengthening the international role and the use of the euro, by completing Economic and Monetary Union, the CMU and the Banking Union, supporting the development of euro-benchmarks for commodity markets, and reinforcing the role of the euro as a reference currencyPoints out that completing and strengthening Economic and Monetary Union, the CMU and the Banking Union could increase international use of the euro;
2020/07/17
Committee: ECON
Amendment 8 #

2020/2020(INI)

Draft opinion
Recital A
A. whereas Article 3 of the Treaty on European Union stipulates that the Union is to promoteand its internal market shall work for sustainable development, social market economy, social progress and the promotion of social justice and protection;
2020/06/25
Committee: EMPL
Amendment 11 #

2020/2020(INI)

Draft opinion
Recital A a (new)
Aa. whereas Article 9 of the Treaty on the Functioning of the European Union stipulates that in defining and implementing its policies and activities, the Union shall take into account requirements linked to the promotion of a high level of employment, the guarantee of adequate social protection, the fight against social exclusion, and a high level of education, training and protection of human health.
2020/06/25
Committee: EMPL
Amendment 16 #

2020/2020(INI)

Draft opinion
Recital A b (new)
Ab. whereas social justice and workers’ rights should not be subverted by the free movement of services in the single market; whereas environmental and social considerations have to go hand in hand in ensuring a sustainable services market free from environmental dumping and unfair competition paving the way for a just transition;
2020/06/25
Committee: EMPL
Amendment 24 #

2020/2020(INI)

Draft opinion
Recital B
B. whereas the free movement of services must under no circumstances undermine workers’ rights, social protection or the principle of subsidiarity, trade union rights including the right to fair wages and to appropriate remuneration, the right to balance work and private life, the right to decide where and when to work and the right to equal treatment and the principle of subsidiarity; whereas a fully functioning services market requires access to information about applicable rules as well as effective compliance, monitoring and enforcement, including safe ways to report abuses, and whereas digital technology can facilitate the supervision and enforcement of the rules safeguarding the rights of mobile workers;
2020/06/25
Committee: EMPL
Amendment 27 #

2020/2020(INI)

Draft opinion
Recital B a (new)
Ba. whereas the current Covid-19 crisis has shed light on and exacerbated existing short-comings in the protection of mobile and cross border workers active in the internal market in particular with regard to their working conditions, access to health and safety, social protection, safe transport and decent accommodation fulfilling sanitary requirements and social distancing measures, as well as support in order to report abuses; whereas the Commission guidelines on restoring freedom of movement under COVID-19 have focused rather on the provision of safe services for citizens rather than also ensuring safe conditions for workers providing services; whereas workers must not be left behind in the crisis as a result of their employers having exercised the freedom to provide services under EU law;
2020/06/25
Committee: EMPL
Amendment 49 #

2020/2020(INI)

Draft opinion
Recital C a (new)
Ca. whereas unfair competition and a race to the bottom between Member States as regards employment, social security and taxation rules, including through artificial arrangements, continue to be an obstacle to fair competition based on quality and sustainable development, including for SMEs; whereas initiatives targeting SMEs and start-ups must not provide opportunities for businesses to circumvent existing rules, lower workers’ and consumer protection standards, or increase the risk of corporate fraud, criminal activities and letterbox companies; recalls that unfair competition is the dominant source of difficulties for genuine SMEs;
2020/06/25
Committee: EMPL
Amendment 57 #

2020/2020(INI)

Draft opinion
Recital C b (new)
Cb. whereas differences in national regulations and standards should not primarily be considered as obstacles to free movement;
2020/06/25
Committee: EMPL
Amendment 59 #

2020/2020(INI)

Draft opinion
Recital C c (new)
Cc. whereas it is essential to maintain and improve the legal public authorities‘ and member states' right to regulate in the services sector; whereas the single market must not exert pressure on standards concerning social rights of workers, consumers and environmental protection;
2020/06/25
Committee: EMPL
Amendment 60 #

2020/2020(INI)

Draft opinion
Recital C d (new)
Cd. whereas the Services Directive excluded wholly or partially social services, healthcare services, and other public services in recognition of the special regulatory frameworks needed for these services to operate in the general interest in line with Protocol 26 and Article 14 of the TFEU;
2020/06/25
Committee: EMPL
Amendment 65 #

2020/2020(INI)

Draft opinion
Paragraph 1
1. Opposes the introduction of theany country-of-origin principle, and considers that the free movement of services must be achieved without undermining workers’ rights and social rights; recalls that the principles of equal treatment and free movement do not apply only to service providers, but equally to workers; stresses that the social rights can only be guaranteed if existing collective agreements and legislation are applicable, enforced and legally binding for services providers in public tenders;
2020/06/25
Committee: EMPL
Amendment 80 #

2020/2020(INI)

Draft opinion
Paragraph 1 a (new)
1a. Reminds that administrative practices and regulation of services are necessary to protect workers, consumers, the environment as well as to secure a level playing field, legal certainty and predictability for entrepreneurs and businesses;
2020/06/25
Committee: EMPL
Amendment 81 #

2020/2020(INI)

Draft opinion
Paragraph 1 b (new)
1b. reiterates that quality employment and quality services necessitate regulation at European level including on elements such as sustainable development, protection of workers, consumers and the environment, as well as the quality of services; stresses that quality legislation is a long-term investment which should take into account not only the business interest, but also the quality of services, including consumers, workers’, environmental protection, sustainable development as well as the general public interest;
2020/06/25
Committee: EMPL
Amendment 85 #

2020/2020(INI)

Draft opinion
Paragraph 1 c (new)
1c. Highlights that across the European Union a race to the bottom and unfair competition between Member States in employment, security and taxation rules are creating unjustified barriers for quality and sustainable development and deprive citizens of jobs, consumers of choices, and entrepreneurs of opportunities; recognises that in respect of the professional services sector, different approaches to regulation do not per se constitute an obstacle to the deepening of the internal market; stresses that regulation on access to, and the exercise of, professions may be necessary for the protection of public interest and consumer protection1a; __________________ 1aas also stated in the European Parliament resolution of 26 May 2016 on the Single Market Strategy (2015/2354(INI)), https://www.europarl.europa.eu/doceo/doc ument/TA-8-2016-0237_EN.html
2020/06/25
Committee: EMPL
Amendment 88 #

2020/2020(INI)

Draft opinion
Paragraph 1 d (new)
1d. Calls on the Member States to transpose the revised Posting of Workers Directive in a correct, timely and ambitious manner, ensuring full equal treatment and protection of posted workers in the framework of providing services; is of the opinion that the Directive must be transposed so as to ensure the obligation of the employer to reimburse posted workers for travel, board and lodging expenses in all situations, bearing in mind that such expenditures actually incurred on account of the posting shall be paid on top of the remuneration; highlights that the COVID-19 outbreak sheds light on the injustices related to posting practices such as gross remuneration of posted workers to a large extent being made up of tax- free posting allowances other than compensations for expenditure on travel, board and lodging, which in turn has a considerable impact on the levels of social benefits that unemployed posted workers may be able to claim; Calls on the Commission to broaden the legal basis so that it is ensured that protection of workers’ rights is placed on at least equal footing or above the free movement of services
2020/06/25
Committee: EMPL
Amendment 90 #

2020/2020(INI)

Draft opinion
Paragraph 1 e (new)
1e. Recalls that the Commission proposal for a revised services notification procedure undermines the legislative competence of the Member States in the field of services; recalls that the proposal could not be adopted due to the lack of an agreement in Council; calls urgently on the Commission to withdraw the proposal
2020/06/25
Committee: EMPL
Amendment 92 #

2020/2020(INI)

Draft opinion
Paragraph 1 f (new)
1f. Recalls that the Parliament on 21 October 2019 called on the Commission to withdraw its proposal for European Services e-card; recalls that the Commission’s neglects and ignores the impact of the legislative proposal for a European services e-card on the enforcement of companies’ obligations and workers’ rights; recalls that the Commission should not present any proposal that undermines the enforcement of workers rights; regrets that the Commission phrased its Campaigning about the services e-card as a consumer-friendly solution ignoring the negative impact on a European level playing field as regards workers rights;
2020/06/25
Committee: EMPL
Amendment 94 #

2020/2020(INI)

Draft opinion
Paragraph 1 g (new)
1g. Underlines that the ambition of the EU Green Deal and the need for just transitions must be reflected also in the approach to the internal services market, promoting a high level of social and environmental standards as a pre- requisite for productivity increases; highlights the role that public procurement should play to achieve these objectives; Urges member states to increase awareness and make better use of the existing schemes1a for promoting green services in public procurement2a in order to reach a circular economy; highlights the importance of services which facilitate a measurable reduction of the environmental footprint (“green services”)3a; calls on the European Commission to initiate work on a common definition of green services; __________________ 1asuch as: https://ec.europa.eu/environment/gpp/pdf/ 190927_EU_GPP_criteria_for_food_and_ catering_services_SWD_(2019)_366_final .pdf 2aEuropean Parliament Policy Department briefing "The European Services Sector and the Green Transition"(2020), https://www.europarl.europa.eu/RegData/ etudes/BRIE/2020/648768/IPOL_BRI(20 20)648768_EN.pdf 3aEuropean Parliament Policy Department briefing "The European Services Sector and the Green Transition"(2020), https://www.europarl.europa.eu/RegData/ etudes/BRIE/2020/648768/IPOL_BRI(20 20)648768_EN.pdf
2020/06/25
Committee: EMPL
Amendment 103 #

2020/2020(INI)

Draft opinion
Paragraph 2 a (new)
2a. Recalls the importance of involving social partners in the design and implementation of the regulation of services and professions, promoting a fair and rules-based services market, where high social and environmental standards, quality services and fair competition constitute paramount considerations; recalls that a high level of workers’ rights, social and environmental protection, as well as collective bargaining and collective action, can never be seen as barriers to trade; stresses that social dialogue and collective bargaining must lie at the heart of the social market economy; Calls on the Commission and Member States to oppose the further fragmentation of collective bargaining systems, protect Member States’ existing sectoral collective bargaining systems with the view to facilitate and expand socialpartners’ capacity to implement sectoral agreements;
2020/06/25
Committee: EMPL
Amendment 120 #

2020/2020(INI)

Draft opinion
Paragraph 2 b (new)
2b. Calls on the Commission and Member States to guarantee trade union access to workplaces and rights to workers, in particular mobile workers;
2020/06/25
Committee: EMPL
Amendment 129 #

2020/2020(INI)

Draft opinion
Paragraph 3
3. CPoints out that workers as well as business and consumers suffer the consequences of inadequate implementation and circumvention of social security, labour law and collective agreements; urges Member States to ensure the proper implementation and enforcement of current legislation, including the protection of workers, thereby facilitating the cross-border provision of services, combatting social dumping and ensuring a level playing field; calls on the Commission and Member States to promote the use of digital tools and provide labour inspectorates with sufficient resources.
2020/06/25
Committee: EMPL
Amendment 139 #

2020/2020(INI)

Draft opinion
Paragraph 3 a (new)
3a. Calls on the Commission to put forward an initiative for a European Social Security Number; recalls that such proposal can facilitate the life of every EU citizen making use of their fundamental right to free movement; recalls that a European Social Security Number can improve traceability of Social Security coverage and contributions and thereby support citizens and companies that comply with social security rules while possibly improving the fight against criminal actors undermining the level playing field.
2020/06/25
Committee: EMPL
Amendment 151 #

2020/2020(INI)

Draft opinion
Paragraph 3 c (new)
3c. Highlights that Member States can legitimately use reasons of public interest to limit or restrict cross-border services provisions as ruled by the European Court of Justice; recalls in this regard, that this entails amongst other reasons the protection of consumers, the environment and social policy objectives and thus these should not be regarded as restrictive measures for cross-border trade services provisions which would otherwise add legal uncertainty; underlines that the principle of the country of destination respects local regulations including rules on employment law and those laid down in collective agreements; reiterates that regulated professions may be necessary for the protection of consumers, the public interest and the rule of law; recognizes that some requirements such as territorial restrictions and economic needs tests may create unjustified obstacles to cross-border establishment;
2020/06/25
Committee: EMPL
Amendment 152 #

2020/2020(INI)

Draft opinion
Paragraph 3 c (new)
3c. Highlights that overriding reasons of public interest invoked by Member States often justify provisions restricting the access to or the pursuit of services where these provisions are proportionate as confirmed in many ruled case-laws of the European Court of Justice1a; notes that many cases of overriding reasons of public interest are based on quality and consumer protection, and its justified exceptions are non-discriminatory, proportionate, appropriate and purposeful; calls on the Commission to continue the monitoring of Member State performance in transposing and implementing legislation and to develop with Member States, social partners and stakeholders transparent and participative evaluations that should not only be based on quantitative but also qualitative criteria __________________ 1ahttps://eur- lex.europa.eu/search.html?typeOfCourtSt atus=COURT_JUSTICE&DB_TYPE_CO URT=COURT_JUSTICE&textScope0=ti- te&qid=1591182297109&DTS_DOM=EU _LAW&type=advanced〈=en&andText0= %22Overriding%20reasons%20in%20the %20public%20interest%22&SUBDOM_I NIT=EU_CASE_LAW&DTS_SUBDOM= EU_CASE_LAW
2020/06/25
Committee: EMPL
Amendment 157 #

2020/2020(INI)

Draft opinion
Paragraph 3 d (new)
3d. Calls on the Commission and the Member States to ensure that services of general economic interest (SGEI), including social services of general interest (SSGI), are secured within a framework of universal access, high quality, affordability and clear financing rules; believes that the Commission should take initiatives using all options available, based upon and consistent with Article 14 and Protocol 26 of the Treaty, and ensuring that SGEI and SSGI can be operated at appropriate level, respecting the principle of subsidiarity;
2020/06/25
Committee: EMPL
Amendment 162 #

2020/2020(INI)

Draft opinion
Paragraph 3 e (new)
3e. Underlines that promoting the single market, including the free movement of services and people, is paramount for tackling the economic crisis caused by COVID-19; urges all Member States to ease disproportionate and unjustified restrictions on free movement within the single market;
2020/06/25
Committee: EMPL
Amendment 2 #

2020/1998(BUD)

Draft opinion
Paragraph -1 (new)
-1. Calls for the 2021 Union budget to be aligned with the objectives of the Green Deal and the Paris Agreement and to help reach the EU climate commitments by 2030 and the commitment to a carbon- neutral economy by 2050 at the latest;
2020/08/26
Committee: ECON
Amendment 9 #

2020/1998(BUD)

Draft opinion
Paragraph 1
1. Acknowledges that the proposed 2021 draft budget is based on the new Commission 2021-2027 Multiannual Financial Framework (MFF) proposals of 27 May 2020 and regrets that the Council proposal of 21 July 2020 is below that revised Commission proposal (EUR-25 700 million); highlights that the current exceptional circumstances cannot be tackled with a budget designed for “business as usual” and emphasises that a more ambitious response is needed, in line with the European Parliament’s position;
2020/09/07
Committee: EMPL
Amendment 10 #

2020/1998(BUD)

Draft opinion
Paragraph 1
1. Calls for the 2021 Union budget to make an ambitious contribution to the recovery of the Union economy in view of the COVID-19 outbreak; welcomes the proposal for a new recovery instrument, Next Generation EU and calls for its swift adoption;
2020/08/26
Committee: ECON
Amendment 14 #

2020/1998(BUD)

Draft opinion
Paragraph 3
3. Recalls that the COVID-19 outbreak has claimed thousands of lives in Europe and has led to an unprecedented crisis with disastrous consequences for people, families, workers and businesses, and therefore requires an unprecedented response; highlights that 2021 will be a critical year for the budget, as the first year of the 2021-2027 MFF and the first “post- COVID-19 recovery” year; highlights in particular that the budget should help improving the situation in the social and employment area, in only a social and sustainable budget that leaves no one behind- including atypical households such as LGBTIQ+ families, or single parent families, elderly, migrants and refugees, Roma people, youth, and other disadvantaged groups, and the cultural and creatimve of unprecedented crisissectors- will help have an impact in the recovery following the COVID-19 pandemic;
2020/09/07
Committee: EMPL
Amendment 18 #

2020/1998(BUD)

Draft opinion
Paragraph 2
2. Calls for the 2021 Union budget to support the implementation of the Recovery and Resilience Facility which aims to address the challenges identified in the European Semester, in which the Sustainable Development Goals shall be integrated; highlights the importance for the Recovery and Resilience Facility to support Member States meeting the commitments from the Paris agreement and towards a carbon-neutral economy by 2050 at the latest;
2020/08/26
Committee: ECON
Amendment 27 #

2020/1998(BUD)

Draft opinion
Paragraph 4
4. Stresses that the recovery efforts should boost jobs and growthring quality employment opportunities that fit in the context of the European Green Deal and growth sustainable development in a climate neutral economy, the resilience of our societies and should be complemented by a strong social dimension, addressing social and economic inequalities and the needs of those hardest hit by the crisis, particularly current and potentially vulnerable and disadvantaged groups, whose inclusion in the labour market must be supported and fostered; acknowledges that most of the sectors which have been hardest hit by the crisis were feminized and essential sectors with already precarious working conditions, and that special efforts should be made and special resources should be allocated during the recovery period to improve employment conditions and recognition of such sectors;
2020/09/07
Committee: EMPL
Amendment 28 #

2020/1998(BUD)

Draft opinion
Paragraph 3
3. Underlines the importance of supporting companies with solvency issues as a result of COVID-19; highlights the proposal for a Solvency Support instrument and calls for fast-acting support in line with the Green Deal and the EU commitment to a carbon-neutral economy by 2050 at the latest;
2020/08/26
Committee: ECON
Amendment 31 #

2020/1998(BUD)

Draft opinion
Paragraph 4
4. Welcomes the State aid Temporary Framework in the context of COVID-19 and supports its application for as long as necessary during the recovery period; is concerned however with the risk of market distortions and an unlevel playing field due to increased divergences between the levels of State aid support granted by Member States; calls on the Commission to set common minimum standards in order to specify the requirement for companies receiving financial assistance to be in line with ESG criteria and taxation transparency in order to avoid different national criteria giving rise to further discrepancies and to demonstrate how the public support received is used to align their operation with EU’s climate and environmental objectives and the Paris Agreement; recalls that aid should only be granted to cover the losses incurred due to COVID-19; urges that companies registered in tax havens should be banned from accessing state aid or financial support packages if they do not commit to change their behaviour; calls for reinforced resources to ensure full and fast application of Union competition policy;
2020/08/26
Committee: ECON
Amendment 39 #

2020/1998(BUD)

Draft opinion
Paragraph 5
5. Welcomes the Commission proposal to allocates in 2021 EUR 1,5 billion to the Just Transition Fund (JTF) and highlights that the JTF must play a key role in supporting the reskilling of workersboosting equal job opportunities among all genders and supporting the reskilling of workers by providing adequate life-long training;
2020/09/07
Committee: EMPL
Amendment 43 #

2020/1998(BUD)

Draft opinion
Paragraph 6
6. Calls for sufficient resources to fight against financial crime and money laundering and for adherence to the economic governance frameworks well as tax evasion and tax avoidance, to minimize the loss of revenues essential for the post-COVID-19 recovery; welcomes in particular the Commission’s Action Plan for a Comprehensive EU policy on Preventing Money Laundering and Terrorist Financing and calls for corresponding legislative proposals to be presented as soon as possible;
2020/08/26
Committee: ECON
Amendment 45 #

2020/1998(BUD)

Draft opinion
Paragraph 6
6. Welcomes the forthcoming rationalisationmerger of the current ESF, the YEI, the FEAD and the EaSI under the European Social Fund Plus (ESF+), which will allow to enhance synergies and reduce administrative burden, regrets nevertheless that the total sum is still below the 2014-2020 level and is deeply worried about the long-term consequences of such inadequate financial resources; recalls that ESF + will be the main financial instrument to strengthen Europe’s social dimension, by putting the principles of the European Pillar of Social Rights into practice; draws particular attention to the key role of ESF+ in the post-pandemic phase; warns that any decrease of the budget of ESF+ risks to endanger its effective implementation and reaching its objectives; is concerned,, in this respect, about the draft appropriations proposed by the Commission for ESF+ in the draft budget 2021 (EUR 12 655,1 million in commitment appropriations, EUR 15 374,8 in payment appropriations);
2020/09/07
Committee: EMPL
Amendment 46 #

2020/1998(BUD)

Draft opinion
Paragraph 6 a (new)
6a. Calls for adequate resources for the European Supervisory Authorities (ESAs) to be able to properly carry out their tasks; considers, however, that conditional budget lines should be introduced to incentivise increased transparency on the functioning of the boards of supervisors of the different ESAs;
2020/08/26
Committee: ECON
Amendment 49 #

2020/1998(BUD)

Draft opinion
Paragraph 7
7. Emphasises that funding toe need for increased human and financial resources for accounting entities and tax authorities should continue, including to support the Union action to fight tax evasion and tax avoidance; welcomes the creation of the EU Tax and Financial Crimes Observatory;
2020/08/26
Committee: ECON
Amendment 53 #

2020/1998(BUD)

Draft opinion
Paragraph 8
8. Recalls that the introduction of a basket of new own resources is essential to meet the financial needs of supporting the recovery and for other Union priorities.; urges Member States to swiftly agree on an increase of the own resources ceilings and to adopt additional own resources such as a share of the revenues of a common consolidated corporate tax base, a digital services tax, a financial transaction tax, a plastics contribution and a carbon border adjustment mechanism;
2020/08/26
Committee: ECON
Amendment 53 #

2020/1998(BUD)

Draft opinion
Paragraph 7
7. Stresses that this forthcoming rationalisation should be based on evidence and impact assessment, and should be in line with the better regulation agenda, as well as with related recommendations of the European Court of Auditors; highlights, in this regard, that the activities implemented in the area of employment and social affairs should always result in strategic measures with clearly defined objectives and targets and that efficient and effective spending is as equally important as the total budget ceilings;deleted
2020/09/07
Committee: EMPL
Amendment 62 #

2020/1998(BUD)

Draft opinion
Paragraph 9
9. Underlines that, in the context of ongoing budgetary constraints and of the post-COVID-19 recovery, it will be critical to make the best use of the 2021 general budget, which must includinge future skills policies and measures to support labour market transition and better adjustment to demographic change, automatisationd the green and digitalisa transitions, particularly by improveddecent working conditions, long-term security, adequate social protection, affordable and high quality child care, gender-balanced opportunities, and a working environment adjusted to people with disabilities and foster the integration of current and potentially vulnerable and disadvantaged groups in the labour market;
2020/09/07
Committee: EMPL
Amendment 69 #

2020/1998(BUD)

Draft opinion
Paragraph 10
10. Emphasises the importance of budgetary accountability and prioritisation when delivering true value for money for EU citizens, including a stronger focus on evidence-based policymaking and special attention to social, regional and territorial disparities; and income inequality;
2020/09/07
Committee: EMPL
Amendment 112 #

2020/0374(COD)

Proposal for a regulation
Recital 1
(1) Digital services in general and online platforms in particular play an increasingly important role in the economy, in particular in the internal market, by providing new business opportunities in the Union and facilitating cross-border trading but also to the benefit of consumers leading to a greater choice in products and services provided.
2021/09/09
Committee: ECON
Amendment 113 #

2020/0374(COD)

Proposal for a regulation
Recital 2
(2) Core platform services, at the same time, feature a number of characteristics that can be exploited by their providers. These characteristics of core platform services include among others extreme scale economies, which often result from nearly zero marginal costs to add business users or end users. Other characteristics of core platform services are very strong network effects, an ability to connect many business users with many end users through the multi-sidedness of these services, a significant degree of dependence of both business users and end users, lock-in effects, a lack of multi- homing for the same purpose by end users, vertical integration, and data driven- advantages. All these characteristics combined with unfair conduct by providers of these services can have the effect of substantially undermining the contestability of the core platform services, as well as impacting the fairness of the commercial relationship between providers of such services and their business users and end users, leading to rapid and potentially far-reaching decreases in business users’ and end users’ choice in practice, lowering of consumer protection standards, and therefore can confer to the provider of those services the position of a so-called gatekeeper. End users are similarly affected by unfair practices by gatekeepers and their interests should be taken into account in the obligations to be imposed under this Regulation.
2021/09/09
Committee: ECON
Amendment 129 #

2020/0374(COD)

Proposal for a regulation
Recital 10
(10) Articles 101 and 102 TFEU and the corresponding national competition rules concerning anticompetitive multilateral and unilateral conduct as well as merger control have as their objective the protection of undistorted competition on the market. This Regulation pursues an objective that is complementary to, but different from that of protecting undistorted competition on any given market, as defined in competition-law terms, which is to ensure that markets where gatekeepers are present are and remain contestable and fair, independently from the actual, likely or presumed effects of the conduct of a given gatekeeper covered by this Regulation on competition on a given market. This Regulation therefore aims at protecting a different legal interest from those rules and should be without prejudice tocomplement their application.
2021/09/09
Committee: ECON
Amendment 132 #

2020/0374(COD)

Proposal for a regulation
Recital 11
(11) This Regulation should also complement, without prejudice to their application, the rules resulting from other acts of Union law regulating certain aspects of the provision of services covered by this Regulation, in particular Regulation (EU) 2019/1150 of the European Parliament and of the Council26 , Regulation (EU) xx/xx/EU [DSA] of the European Parliament and of the Council27 , Regulation (EU) 2016/679 of the European Parliament and of the Council28 and Directive 2002/58/EC28a, Directive (EU) 2019/790 of the European Parliament and of the Council29 , Directive (EU) 2015/2366 of the European Parliament and of the Council30 , and Directive (EU) 2010/13 of the European Parliament and of the Council31 , as well as national rules aimed at enforcing or, as the case may be, implementing that Union legislation. _________________ 26 Regulation (EU) 2019/1150 of the European Parliament and of the Council of 20 June 2019 on promoting fairness and transparency for business users of online intermediation services (OJ L 186, 11.7.2019, p. 57). 27Regulation (EU) …/.. of the European Parliament and of the Council – proposal on a Single Market For Digital Services (Digital Services Act) and amending Directive 2000/31/EC. 28Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 4.5.2016, p. 1). 28aDirective 2002/58/EC of the European Parliament and of the Council of 12 July 2002 concerning the processing of personal data and the protection of privacy in the electronic communications sector (Directive on privacy and electronic communications). 29 Directive (EU) 2019/790 of the European Parliament and of the Council of 17 April 2019 on copyright and related rights in the Digital Single Market and amending Directives 96/9/EC and 2001/29/ (OJ L 130, 17.5.2019, p. 92.). 30Directive (EU) 2015/2366 of the European Parliament and of the Council of 25 November 2015 on payment services in the internal market, amending Directives 2002/65/EC, 2009/110/EC and 2013/36/EU and Regulation (EU) No 1093/2010, and repealing Directive 2007/64/EC ( OJ L 337, 23.12.2015, p. 35). 31Directive 2010/13/EU of the European Parliament and of the Council of 10 March 2010 on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the provision of audiovisual media services (Audiovisual Media Services Directive) (OJ L 95, 15.4.2010, p. 1).
2021/09/09
Committee: ECON
Amendment 134 #

2020/0374(COD)

Proposal for a regulation
Recital 12
(12) Weak contestability and unfair practices in the digital sector are more frequent and pronounced for certain digital services than for others. This is the case in particular for widespread and commonly used digital services that mostly directly intermediate between business users and end users and where features such as extreme scale economies, very strong network effects, an ability to connect many business users with many end users through the multi-sidedness of these services, lock-in effects, a lack of multi- homing or vertical integration are the most prevalent. Often, there is only one or very few large providers of those digital services. These providers of core platform services have emerged most frequently as gatekeepers for business users and end users with far-reaching impacts, gaining the ability to easily set commercial conditions and terms in a unilateral and detrimental manner for their business users and end users. Accordingly, it is necessary to focus on ally onf those digital services that are most broadly used by business users and end users and where, based on current market conditions, concerns about weak contestability and unfair practices by gatekeepers are more apparent and pressing from an internal market perspective.
2021/09/09
Committee: ECON
Amendment 136 #

2020/0374(COD)

Proposal for a regulation
Recital 13
(13) In particular, online intermediation services, online search engines, operating systems, online social networking, video sharing platform services, number- independent interpersonal communication services, cloud computing services and online advertisingincluding business to business clouds, and online advertising services embedded digital services in vehicles, browsers, voice assistant, connected tv and collaborative economy services all have the capacity to affect a large number of end users and businesses alike, which entails a risk of unfair business practices. They therefore should be included in the definition of core platform services and fall into the scope of this Regulation. Online intermediation services may also be active in the field of financial services, and they may intermediate or be used to provide such services as listed non-exhaustively in Annex II to Directive (EU) 2015/1535 of the European Parliament and of the Council32 . In certain circumstances, the notion of end users should encompass users that are traditionally considered business users, but in a given situation do not use the core platform services to provide goods or services to other end users, such as for example businesses relying on cloud computing services for their own purposes. _________________ 32Directive (EU) 2015/1535 of the European Parliament and of the Council of 9 September 2015 laying down a procedure for the provision of information in the field of technical regulations and of rules on Information Society services, OJ L 241, 17.9.2015, p. 1.
2021/09/09
Committee: ECON
Amendment 142 #

2020/0374(COD)

Proposal for a regulation
Recital 15
(15) The fact that a digital service qualifies as a core platform service in light of its widespread and common use and its importance for connecting business users and end users does not as such give rise to sufficiently serious concerns of contestability and unfair practices. It is only when a core platform service constitutes an important gateway and is operated by a provider with a significant impact in the internal market and an entrenched and durable position, or by a provider that will foreseeably have such a position in the near future, subject to a market investigation or to an assessment by the Commission based on a notification submitted in line with Article 12, that such concerns arise. Accordingly, the targeted set of harmonised rules laid down in this Regulation should apply only to undertakings designated on the basis of these three objective criteria, and they should only apply to those of their core platform services that individually constitute an important gateway for business users to reach end users.
2021/09/09
Committee: ECON
Amendment 157 #

2020/0374(COD)

Proposal for a regulation
Recital 23
(23) Providers of core platform services which meet the quantitative thresholds but are able to present sufficiently substantiated arguments to demonstrate that, in the circumstances in which the relevant core platform service operates, they do not fulfil the objective requirements for a gatekeeper, should not be designated directly, but only subject to a furtherbe subject to an assessment by the Commission whether they qualify or not as a gatekeeper in light of the argument presented. This assessment should be done within specific time-limits and not lead to undue delay inv destignationg the provider of a core platform service as a gatekeeper. The burden of adducing evidence that the presumption deriving from the fulfilment of quantitative thresholds should not apply to a specific provider should be borne by that provider. In its assessment, the Commission should take into account only the elements which directly relate to the requirements for constituting a gatekeeper, namely whether it is an important gateway which is operated by a provider with a significant impact in the internal market with an entrenched and durable position, either actual or foreseeable. Any justification on economic grounds seeking to demonstrate efficiencies deriving from a specific type of behaviour by the provider of core platform services should be discarded, as it is not relevant to the designation as a gatekeeper. The Commission should be able to take a decision by relying on the quantitative thresholds where the provider significantly obstructs the investigation by failing to comply with the investigative measures taken by the Commission.
2021/09/09
Committee: ECON
Amendment 162 #

2020/0374(COD)

Proposal for a regulation
Recital 26
(26) A particular subset of rules should apply to those providers of core platform services that are foreseen to enjoy an entrenched and durable position in the near future for instance because the Commission has been notified of an intended concentration in line with Article 12(1) and assessed its impact on the contestability of digital markets. The same specific features of core platform services make them prone to tipping: once a service provider has obtained a certain advantage over rivals or potential challengers in terms of scale or intermediation power, its position may become unassailable and the situation may evolve to the point that it is likely to become durable and entrenched in the near future. Undertakings can try to induce this tipping and emerge as gatekeeper by using some of the unfair conditions and practices regulated in this Regulation. In such a situation, it appears appropriate to intervene before the market tips irreversibly.
2021/09/09
Committee: ECON
Amendment 173 #

2020/0374(COD)

Proposal for a regulation
Recital 31
(31) To ensure the effectiveness of the review of gatekeeper status as well as the possibility to adjust the list of core platform services provided by a gatekeeper, the gatekeepers should inform the Commission of all of their intended and concluded acquisitions of other providers of core platform services or any other services provided within the digital sector. Such information should not only serve the review process mentioned above, regarding the status of individual gatekeepers, but will also provide information that is crucial to monitoring broader contestability trends in the digital sector and can therefore be a useful factor including for consideration in the context of the market investigations foreseen by this Regulation, as well as trigger behavioural or structural remedies on gatekeepers to restore contestability and fairness on digital markets.
2021/09/09
Committee: ECON
Amendment 178 #

2020/0374(COD)

Proposal for a regulation
Recital 32
(32) To safeguard the fairness and contestability of core platform services provided by gatekeepers, it is necessary to provide in a clear and unambiguous manner for a set of harmonised obligations with regard to those services. Such rules are needed to address the risk of harmful effects of unfair practices imposed by gatekeepers, to the benefit of the business environment in the services concerned, to the benefit of users and ultimately to the benefit of society as a whole. Given the fast-moving and dynamic nature of digital markets, and the substantial economic power of gatekeepers, it is important that these obligations are effectively applied without being circumvented. To that end, the obligations in question should apply to any practices by a gatekeeper, irrespective of its form and irrespective of whether it is of a contractual, commercial, technical or any other nature, including through product design, structure, function or manner of operation capable of influencing users' choice or autonomy, or through agreements with third party business partners of the gatekeepers insofar as a practice corresponds to the type of practice that is the subject of one of the obligations of this Regulation.
2021/09/09
Committee: ECON
Amendment 181 #

2020/0374(COD)

Proposal for a regulation
Recital 36
(36) The conduct of combining end user data from different sources or signing in users to different services of gatekeepers gives them potential advantages in terms of accumulation of data, thereby raising barriers to entry. To ensure that gatekeepers do not unfairly undermine the contestability of core platform services, they should enable their end users to freely choose to opt-in to such business practices by offering a less personalised alternative. The possibility should cover all possible sources of personal data, including own services of the gatekeeper as well as third party websites, and should be proactively presented to the end user in an explicit, clear and straightforward manner.
2021/09/09
Committee: ECON
Amendment 187 #

2020/0374(COD)

Proposal for a regulation
Recital 36 a (new)
(36 a) Article 5(a) of this Regulation should not be understood as suggesting that platforms that are not designated as gatekeepers may freely combine personal data across services without the individual’s consent.
2021/09/09
Committee: ECON
Amendment 188 #

2020/0374(COD)

Proposal for a regulation
Recital 37
(37) Because of their position, gatekeepers might in certain cases restrict the ability of business users of their online intermediation services to offer their goods or services to end users under more favourable conditions, including price, through other online intermediation services or through direct business channels. Such restrictions have a significant deterrent effect on the business users of gatekeepers in terms of their use of alternative online intermediation services or direct business channels, limiting inter- platform contestability, which in turn limits choice of alternative online intermediation channels for end users. To ensure that business users of online intermediation services of gatekeepers can freely choose alternative online intermediation services or other direct distribution channels and differentiate the conditions under which they offer their products or services to their end users, it should not be accepted that gatekeepers limit business users from choosing to differentiate commercial conditions, including price. Such a restriction should apply to any measure with equivalent effect, such as for example increased commission rates or, de-listing or less favourable display of the offers of business users in the ranking.
2021/09/09
Committee: ECON
Amendment 192 #

2020/0374(COD)

Proposal for a regulation
Recital 39
(39) To safeguard a fair commercial environment and protect the contestability of the digital sector it is important to safeguard the right of business users to raise concerns about unfair behaviour by gatekeepers with any relevant administrative or other public authorities. For example, business users may want to complain about different types of unfair practices, such as discriminatory access conditions, unjustified closing of business user accounts or unclear grounds for product de-listings. Any practice that would in any way inhibit such a possibility of raising concerns or seeking available redress, for instance by means of confidentiality clauses in agreements or other written terms, should therefore be prohibited. This should be without prejudice to the right of business users and gatekeepers to lay down in their agreements the terms of use including the use of lawful complaints-handling mechanisms, including any use of alternative dispute resolution mechanisms or of the jurisdiction of specific courts in compliance with respective Union and national law. This should therefore also be without prejudice to the role gatekeepers play in the fight against illegal content online.
2021/09/09
Committee: ECON
Amendment 196 #

2020/0374(COD)

Proposal for a regulation
Recital 41
(41) Gatekeepers should not restrict the free choice of end users by technically preventing switching between or subscription to different software applications and services. Gatekeepers should therefore ensure a free choice irrespective of whether they are the manufacturer of any hardware by means of which such software applications or services are accessed and should not raise artificial technical barriers so as to make switching impossible or ineffective. The mere offering of a given product or service to end users, including by means of pre-installation, as well the improvement of end user offering, such as better prices or increased quality, would not in itself constitute a barrier to switching.
2021/09/09
Committee: ECON
Amendment 202 #

2020/0374(COD)

Proposal for a regulation
Recital 42
(42) The conditions under which gatekeepers provide targeted online advertising services based on contextual information to business users including both advertisers and publishers are often non- transparent and opaque. This opacity is partly linked to the practices of a few platforms, but is also due to the sheer complexity of modern day programmatic advertising. The sector is considered to have become more non-transparent after the introduction of new privacy legislation, and is expected to become even more opaque with the announced removal of third-party cookies. This often leads to a lack of information and knowledge for advertisers and publishers about the conditions of the advertising services they purchased and undermines their ability to switch to alternative providers of online advertising services. Furthermore, the costs of online advertising are likely to be higher than they would be in a fairer, more transparent and contestable platform environment. These higher costs are likely to be reflected in the prices that end users pay for many daily products and services relying on the use of online advertising. Transparency obligations should therefore require gatekeepers to provide advertisers and publishers to whom they supply targeted online advertising services based on contextual information, when requested and to the extent possible, with information that allows both sides to understand the price paid for each of the different advertising services provided as part of the relevant advertising value chain.
2021/09/09
Committee: ECON
Amendment 209 #

2020/0374(COD)

Proposal for a regulation
Recital 47
(47) The rules that the gatekeepers set for the distribution of software applications may in certain circumstances restrict the ability of end users to install and effectively use third party software applications or software application stores or repositories on operating systems or hardware of the relevant gatekeeper and restrict the ability of end users to access these software applications or software application stores or repositories outside the core platform services of that gatekeeper. Such restrictions may limit the ability of developers of software applications to use alternative distribution channels and the ability of end users to choose between different software applications from different distribution channels and should be prohibited as unfair and liable to weaken the contestability of core platform services. In order to ensure that third party software applications or software application stores do not endanger the integrity of the hardware or operating system provided by the gatekeeper the gatekeeper concerned may implement proportionate technical or contractual measures to achieve that goal if the gatekeeper demonstrates that such measures are necessary and justified and that there are no less restrictive means to safeguard the integrity of the hardware or operating system.
2021/09/09
Committee: ECON
Amendment 213 #

2020/0374(COD)

Proposal for a regulation
Recital 48
(48) Gatekeepers are often vertically integrated and offer certain products or services to end users through their own core platform services, or through a business user over which they exercise control which frequently leads to conflicts of interest. This can include the situation whereby a gatekeeper offers its own online intermediation services through an online search engine. When offering those products or services on the core platform service, gatekeepers can reserve a better position to their own offering, in terms of ranking, as opposed to the products of third parties also operating on that core platform service. This can occur for instance with products or services, including other core platform services, which are ranked in the results communicated by online search engines, or which are partly or entirely embedded in online search engines results, groups of results specialised in a certain topic, displayed along with the results of an online search engine, which are considered or used by certain end users as a service distinct or additional to the online search engine. Other instances are those of software applications which are distributed through software application stores, or products or services that are given prominence and display in the newsfeed of a social network, or products or services ranked in search results or, displayed on an online marketplace or in results provided to a search through virtual assistants. In those circumstances, the gatekeeper is in a dual- role position as intermediary for third party providers and as direct provider of products or services of the gatekeeper. Consequently, these gatekeepers have the ability to undermine directly the contestability for those products or services on these core platform services, to the detriment of business users which are not controlled by the gatekeeper.
2021/09/09
Committee: ECON
Amendment 218 #

2020/0374(COD)

Proposal for a regulation
Recital 50
(50) Gatekeepers should not restrict or prevent the free choice of end users by technically preventing switching between or subscription to different software applications and services. This would allow more providers to offer their services, thereby ultimately providing greater choice to the end user. Gatekeepers should ensure a free choice irrespective of whether they are the manufacturer of any hardware by means of which such software applications or services are accessed and shall not raise artificial technical barriers so as to make switching impossible or ineffective. The mere offering of a given product or service to consumers, including by means of pre-installation, as well as the improvement of the offering to end users, such as price reductions or increased quality, should not be construed as constituting a prohibited barrier to switching.
2021/09/09
Committee: ECON
Amendment 224 #

2020/0374(COD)

Proposal for a regulation
Recital 52
(52) Gatekeepers may also have a dual role as developers of operating systems and device manufacturers, including any technical functionality that such a device may have. For example, a gatekeeper that is a manufacturer of a device may restrict access to some of the functionalities in this device, such as near-field-communication technology and the software used to operate that technology, which may be required for the effective provision of an ancillary service by the gatekeeper as well as by any potential third party provider of such an ancillary service. Such access may equally be required by software applications related to the relevant ancillary services in order to effectively provide similar functionalities as those offered by gatekeepers. If such a dual role is used in a manner that preventsrestrictive measure is used that prevents end users or alternative providers of ancillary services or of any software applications to have access under equal conditions to the same operating system, hardware or software features that are available or used in the provision by the gatekeeper of any ancillary services, this could significantly undermine innovation by providers of such ancillary services as well as choice for end users of such ancillary services. The gatekeepers should therefore be obliged to ensure access under equal conditions to, and interoperability with, the same operating system, hardware or software features that are available or used in the provision of any ancillaryof its services by the gatekeeper.
2021/09/09
Committee: ECON
Amendment 231 #

2020/0374(COD)

Proposal for a regulation
Recital 53
(53) The conditions under which gatekeepers provide targeted online advertising services based on contextual information to business users including both advertisers and publishers are often non- transparent and opaque. This often leads to a lack of information for advertisers and publishers about the effect of a given ad. To further enhance fairness, transparency and contestability of online advertising services designated under this Regulation as well as those that are fully integrated with other core platform services of the same provider, the designated gatekeepers should therefore provide advertisers and publishers, when requested, with free of charge access to the performance measuring tools of the gatekeeper for the purpose of targeted digital advertising based on contextual information and the information necessary for advertisers, advertising agencies acting on behalf of a company placing advertising, as well as for publishers to carry out their own independent verification of the provision of the relevant online advertising servicesinventory.
2021/09/09
Committee: ECON
Amendment 233 #

2020/0374(COD)

Proposal for a regulation
Recital 54
(54) Gatekeepers benefit from access to vast amounts of data that they collect while providing the core platform services as well as other digital services. To ensure that gatekeepers do not undermine the contestability of core platform services as well as the innovation potential of the dynamic digital sector by restricting the ability of business users to effectively port their data, business users and end users should be granted effective and immediate access to the data they respectively provided or generated in the context of their use of the relevant core platform services of the gatekeeper, in a structured, commonly used and machine-readable format. This should apply also to any other data at different levels of aggregation that may be necessary to effectively enable such portability of end user data. It should also be ensured that business users and end users can port that data in real time effectively, such as for example through high quality application programming interfaces. Facilitating switching or multi- homing should lead, in turn, to an increased choice for business users and end users and an incentive for gatekeepers and business users to innovate.
2021/09/09
Committee: ECON
Amendment 234 #

2020/0374(COD)

Proposal for a regulation
Recital 55
(55) Business users that use large core platform services provided by gatekeepers and end users of such business users provide and generate a vast amount of data, including data inferred from such use. In order to ensure that business users have access to the relevant data thus generated, the gatekeeper should, upon their request, allow unhindered access, free of charge, to suchaggregated, non-personal data. Such access should also be given to third parties contracted by the business user, who are acting as processors of this data for the business user. Data provided or generated by the same business users and the same end users of these business users in the context of other services provided by the same gatekeeper may be concerned where this is inextricably linked to the relevant request. To this end, a gatekeeper should not use any contractual or other restrictions to prevent business users from accessing relevant data and should enable business users to obtain consent of their end users for such data access and retrieval, where such consent is required under Regulation (EU) 2016/679 and Directive 2002/58/EC. Gatekeepers should also facilitate access to these data in real time by means of appropriate technical measures, such as for example putting in place high quality application programming interfaces.
2021/09/09
Committee: ECON
Amendment 238 #

2020/0374(COD)

Proposal for a regulation
Recital 56
(56) The value of online search engines to their respective business users and end users increases as the total number of such users increases. Providers of online search engines collect and store aggregated datasets containing information about what users searched for, and how they interacted with, the results that they were served. Providers of online search engine services collect these data from searches undertaken on their own online search engine service and, where applicable, searches undertaken on the platforms of their downstream commercial partners. Access by gatekeepers to such ranking, query, click and view data constitutes an important barrier to entry and expansion, which undermines the contestability of online search engine services. Gatekeepers should therefore be obliged to provide access, on fair, reasonable and non-discriminatory terms, to these ranking, query, click and view data in relation to free and paid search generated by consumers on online search engine services to other providers of such services, so that these third-party providers can optimise their services and contest the relevant core platform serviceprovided that the gatekeeper is able to demonstrate that anonymised query, click and view data have been adequately tested against possible re-identification risks. Such access should also be given to third parties contracted by a search engine provider, who are acting as processors of this data for that search engine. When providing access to its search data, a gatekeeper should ensure the protection of the personal data of end users by appropriate means, without substantially degrading the quality or usefulness of the data.
2021/09/09
Committee: ECON
Amendment 240 #

2020/0374(COD)

Proposal for a regulation
Recital 57
(57) In particular gatekeepers which provide access to software application stores online search engine and online social networking service serve as an important gateway for business users that seek to reach end users, which can result in an adverse effect on end users' right to receive and impart information and ideas, and ultimately affect media pluralism, diversity of opinion as well as competition. In view of the imbalance in bargaining power between those gatekeepers on the one hand, and business users of their software application stores, especially those that are SMEs on a given sectorial market, such as small press publishers, particularly when accessing online search engine and online social networks, on the other hand, those gatekeepers should not be allowed to impose general conditions, including pricing conditions, data usage conditions or conditions related to the licensing of rights held by the business user that would be unfair or lead to unjustified differentiation. Pricing or other general access conditions should be considered unfair if they lead to an imbalance of rights and obligations imposed on business users or confer an advantage on the gatekeeper which is disproportionate to the service provided by the gatekeeper to business users or lead to a disadvantage for business users in providing the same or similar services as the gatekeeper. The following benchmarks can serve as a yardstick to determine the fairness of general access conditions: prices charged or conditions imposed for the same or similar services by other providers of software application stores; prices charged or conditions imposed by the provider of the software application store for different related or similar services or to different types of end users; prices charged or conditions imposed by the provider of the software application store for the same service in different geographic regions; prices charged or conditions imposed by the provider of the software application store for the same service the gatekeeper offers to itself. This obligation should not establish an access right and it should be without prejudice to the ability of providers of software application stores to take the required responsibility in the fight against illegal and unwanted content as set out in Regulation [Digital Services Act]. Determining the fairness of general access conditions should lead to the opportunity to make the revenue stream of digital content providers, such as press publishers being in a dominant position on their market, more transparent, notably in terms of revenues deriving from advertisement, and in terms of distribution of appropriate shares of revenues to the authors of works incorporated in press publications. This obligation should not establish an access right and it should be without prejudice to the ability of providers of software application stores to take the required responsibility in the fight against illegal and unwanted content as set out in Regulation [Digital Services Act]. It should also be without prejudice to the ability of business that are SMEs on a given sectorial market, such as small press publishers, to offer royalty-free licenses in order to ensure access to their content, visibility on online search engines and online social networking services, and it should be without prejudice to the ability of end-users to perform acts of hyperlinking, according to Article 15(1) of Directive (EU) 2019/790.
2021/09/09
Committee: ECON
Amendment 249 #

2020/0374(COD)

Proposal for a regulation
Recital 58
(58) To ensure the effectiveness of the obligations laid down by this Regulation, while also making certain that these obligations are limited to what is necessary to ensure contestability and tackling the harmful effects of the unfair behaviour by gatekeepers, it is important to clearly define and circumscribe them so as to allow the gatekeeper to immediately comply with them, in full respect of Regulation (EU) 2016/679 and Directive 2002/58/EC, consumer protection, cyber security and product safety. The gatekeepers should ensure the compliance with this Regulation by design. The necessary measures should therefore be as much as possible and where relevant integrated into the technological design used by the gatekeepers. However, it may in certain cases be appropriate for the Commission, following a dialogue within legally binding deadlines with the gatekeeper concerned, to further specify some of the measures that the gatekeeper concerned should adopt in order to effectively comply with those obligations that are susceptible of being further specified. This possibility of a regulatory dialogue should facilitate compliance by gatekeepers and expedite the correct implementation of the Regulation.
2021/09/09
Committee: ECON
Amendment 250 #

2020/0374(COD)

Proposal for a regulation
Recital 58 a (new)
(58 a) The Commission should also be able to swiftly adopt decisions in case of non-compliance of a gatekeeper with the obligations laid down in this Regulation. In taking such decisions, the Commission should be allowed to specify the measures that would be needed to ensure full compliance with this Regulation and restore the contestability of digital markets when it has been undermined.
2021/09/09
Committee: ECON
Amendment 252 #

2020/0374(COD)

Proposal for a regulation
Recital 59
(59) As an additional element to ensure proportionality, gatekeepers should be given an opportunity to request the temporary suspension, to the extent necessary, of a specific obligation in exceptional circumstances that lie beyond the control of the gatekeeper, such as for example an unforeseen external shock that has temporarily eliminated a significant part of end user demand for the relevant core platform service, where compliance with a specific obligation is shown by the gatekeeper to endanger the economic viability of the Union operations of the gatekeeper concerned. The Commission should state in its decision the reasons for granting the suspension and review it on a regular basis to assess if the conditions for granting it are still viable or not.
2021/09/09
Committee: ECON
Amendment 255 #

2020/0374(COD)

Proposal for a regulation
Recital 61
(61) The data protection and privacy interests of end users are relevant to any assessment of potential negative effects of the observed practice of gatekeepers to collect and accumulate large amounts of data from end users. Ensuring an adequate level of transparency of profiling practices employed by gatekeepers facilitates contestability of core platform services, by putting external pressure on gatekeepers to prevent making deep consumer profiling the industry standard, given that potential entrants or start-up providers cannot access data to the same extent and depth, and at a similar scale. Enhanced transparency should allow other providers of core platform services to differentiate themselves better through the use of superior privacy guaranteeing facilities. To ensure a minimum level of effectiveness of this transparency obligation, gatekeepers should at least provide a description of the basis upon which profiling is performed, including whether personal data and data derived from user activity is relied on, the processing applied, the purpose for which the profile is prepared and eventually used, the impact of such profiling on the gatekeeper’s services, and the steps taken to enable end users to be aware of the relevant use of such profiling, as well as to seek their consent. The Commission shall develop, in consultation with the EU Data Protection Supervisor, the European Data Protection Board, civil society and experts, the standards and process of the audit. The audited description, as well as any relevant materials that is collected in the context of supervising the gatekeepers that relate to the processing of personal data, shall be shared by the Commission with any competent supervisory authority represented in the European Data Protection Board, upon its request.
2021/09/09
Committee: ECON
Amendment 263 #

2020/0374(COD)

Proposal for a regulation
Recital 64
(64) The Commission should investigate and assess whether additional behavioural, or, where appropriate, structural remedies are justified, in order to ensure that the gatekeeper cannot frustrate the objectives of this Regulation by systematic non- compliance with one or several of the obligations laid down in this Regulation, which has further strengthened its gatekeeper position. This would be the case. In imposing these remedies, the Commission should take into consideration if the gatekeeper’s size in the internal market has further increased, economic dependency of business users and end users on the gatekeeper’s core platform services has further strengthened as their number has further increased and the gatekeeper benefits from increased entrenchment of its position. The Commission should therefore in such cases have the power to impose any remedy, whether behavioural or structural, having due regard to the principle of proportionality. Structural remedies, such as legal, functional or structural separation, including the divestiture of a business, or parts of it, should only be imposed either where there is no equally effective behavioural remedy or where any equally effective behavioural remedy would be more burdensome for the undertaking concerned than the structural remedy. Changes to the structure of an undertaking as it existed before the systematic non- compliance was established would only be proportionate where there is a substantial risk that this systematic non-compliance results from the very structure of the undertaking concerned.
2021/09/09
Committee: ECON
Amendment 269 #

2020/0374(COD)

Proposal for a regulation
Recital 68
(68) In order to ensure effective implementation and compliance with this Regulation, the Commission should have strong investigative and enforcement powers, to allow it to investigate, enforce and monitor the rules laid down in this Regulation, while at the same time ensuring the respect for the fundamental right to be heard and to have access to the file in the context of the enforcement proceedings. The Commission should dispose of these investigative powers also for the purpose of carrying out market investigations for the purpose of updating and reviewing this Regulation. National competent authorities should assist the Commission in monitoring and enforcing obligations laid down in this Regulation by providing support and expertise to the Commission or by requesting the Commission to open a market investigation based on evidence collected.
2021/09/09
Committee: ECON
Amendment 271 #

2020/0374(COD)

Proposal for a regulation
Recital 68 a (new)
(68 a) In order to ensure effective enforcement and compliance with this Regulation, it should be possible for interested third-parties to lodge a complaint when there is sufficient doubt on the non-compliance of a gatekeeper with the obligations laid down in this Regulation. The Commission should decide within an appropriate timeline on further action based on the evidence submitted.
2021/09/09
Committee: ECON
Amendment 277 #

2020/0374(COD)

Proposal for a regulation
Recital 72 a (new)
(72 a) The Commission should be adequately staffed to ensure the successful implementation and effective enforcement of this Regulation.
2021/09/09
Committee: ECON
Amendment 280 #

2020/0374(COD)

Proposal for a regulation
Recital 75
(75) In the context of proceedings carried out under this Regulation, the undertakings concerned should be accorded the right to be heard by the Commission and the decisions taken should be widely publicised. Natural or legal persons demonstrating sufficient interest shall also have the right to be heard. Parties that are directly affected by the obligations under Articles 5 and 6 shall be considered to have sufficient interest but also organisations representing consumers interests where the proceedings concern products or services provided to end users. While ensuring the rights to good administration and the rights of defence of the undertakings concerned, in particular, the right of access to the file and the right to be heard, it is essential that confidential information be protected. Furthermore, while respecting the confidentiality of the information, the Commission should ensure that any information relied on for the purpose of the decision is disclosed to an extent that allows the addressee of the decision to understand the facts and considerations that led up to the decision. Finally, under certain conditions certain business records, such as communication between lawyers and their clients, may be considered confidential if the relevant conditions are met.
2021/09/09
Committee: ECON
Amendment 285 #

2020/0374(COD)

Proposal for a regulation
Article 1 – paragraph 1
1. This Regulation lays down harmonised rules ensuring contestable and fair markets in the digital sector across the Union where gatekeepers are present so as to contribute to the protection of fundamental rights and the integrity of democratic processes, as well as to foster innovation, increase consumer choice and ensure higher consumer protection standards.
2021/09/09
Committee: ECON
Amendment 288 #

2020/0374(COD)

Proposal for a regulation
Article 1 – paragraph 2
2. This Regulation shall apply to core platform services provided or offered by gatekeepers to business users established in the Union or end users established or located in the Union, irrespective of the place of establishment or residence of the gatekeepers and irrespective of the law otherwise applicable to the provision of service. This Regulation respects the fundamental rights and observes the principles recognised in particular by the Charter of Fundamental Rights of the European Union, in particular Articles 11, 16, 47 and 50 thereof. Accordingly, this Regulation is interpreted and applied with respect to those rights and principles.
2021/09/09
Committee: ECON
Amendment 299 #

2020/0374(COD)

Proposal for a regulation
Article 1 – paragraph 6
6. This Regulation is without prejudice to the application of Articles 101 and 102 TFEU. It is also without prejudice to the application of: national rules prohibiting anticompetitive agreements, decisions by associations of undertakings, concerted practices and abuses of dominant positions; national competition rules prohibiting other forms of unilateral conduct insofar as they are applied to undertakings other than gatekeepers or amount to imposing additional obligations on gatekeepers; Council Regulation (EC) No 139/200438 and national rules concerning merger control; Regulation (EU) 2019/1150 and Regulation (EU) …./.. of the European Parliament and of the Council39 .; Regulation (EU) 2016/67939a, Directive 2002/58/EC39b, as well as without prejudice to Union law on consumer protection and product safety; _________________ 38Council Regulation (EC) No 139/2004 of 20 January 2004 on the control of concentrations between undertakings (the EC Merger Regulation) (OJ L 24, 29.1.2004, p. 1). 39 Regulation (EU) …/.. of the European Parliament and of the Council – proposal on a Single Market For Digital Services (Digital Services Act) and amending Directive 2000/31/EC. 39aRegulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 4.5.2016, p. 1). 39bDirective 2002/58/EC of the European Parliament and of the Council of 12 July 2002 concerning the processing of personal data and the protection of privacy in the electronic communications sector (Directive on privacy and electronic communications).
2021/09/09
Committee: ECON
Amendment 301 #

2020/0374(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 1 a (new)
(1 a) "Fair and contestable markets" means that no market participant may use his or her market position to exploit others.In the digital sector, ‘exploitative abuse’ by providers of platform services includes, but may not be limited to: a) excessive fees charged for services offered; b) excessive collection of data which is utilised to the detriment of the end user; c) abuse of network effects;
2021/09/09
Committee: ECON
Amendment 307 #

2020/0374(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 2 – point g
(g) cloud computing services including business to business cloud;
2021/09/09
Committee: ECON
Amendment 309 #

2020/0374(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 2 – point g a (new)
(g a) streaming services;
2021/09/09
Committee: ECON
Amendment 310 #

2020/0374(COD)

(g b) embedded digital services in vehicles;
2021/09/09
Committee: ECON
Amendment 311 #

2020/0374(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 2 – point g c (new)
(g c) web browsers;
2021/09/09
Committee: ECON
Amendment 312 #

2020/0374(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 2 – point g d (new)
(g d) voice assistant;
2021/09/09
Committee: ECON
Amendment 313 #

2020/0374(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 2 – point g e (new)
(g e) connected tv;
2021/09/09
Committee: ECON
Amendment 314 #

2020/0374(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 2 – point g f (new)
(g f) collaborative economy services;
2021/09/09
Committee: ECON
Amendment 325 #

2020/0374(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 2 a (new)
(2 a) Non-commercial, not-for profit, collaborative projects, organised on a voluntary basis should not be considered as core services;
2021/09/09
Committee: ECON
Amendment 334 #

2020/0374(COD)

(13 a) "Embedded digital services in vehicles" means software embedded in vehicles including for the purpose of gaining insights into vehicle performance and driver behaviour, or for the purpose of accessing audiovisual media content;
2021/09/09
Committee: ECON
Amendment 335 #

2020/0374(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 13 b (new)
(13 b) "Web browser" means a client software programme that enables a user to navigate in the World Wide Web to access and display data or to interact with content hosted on servers that are connected to this network, including standalone web browsers, as well as web browsers integrated or embedded in software;
2021/09/09
Committee: ECON
Amendment 336 #

2020/0374(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 13 c (new)
(13 c) "Voice assistant" means a software application that provides capabilities for oral dialogue with a user in natural language and which intermediates between end users and business users offering voice-based apps;
2021/09/09
Committee: ECON
Amendment 337 #

2020/0374(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 13 d (new)
(13 d) "Connected tv" means a television set connected to the internet that allows user to perform online activities including music and video streaming, or viewing of pictures;
2021/09/09
Committee: ECON
Amendment 338 #

2020/0374(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 13 e (new)
(13 e) "Collaborative economy" refers to business models where activities are facilitated by collaborative platforms that create an open marketplace for the temporary usage of goods or services often provided by private individuals;
2021/09/09
Committee: ECON
Amendment 341 #

2020/0374(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 17 a (new)
(17 a) 'Business users of small press publications’ means any natural or legal person acting in a commercial or professional capacity using core platform services for the purpose of or in the course of providing press publications that qualify as micro or small enterprises within the meaning of the Annex to Recommendation 2003/361/EC;
2021/09/09
Committee: ECON
Amendment 353 #

2020/0374(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 23 a (new)
(23 a) "Consent" of the data subject means any freely given, specific, informed and unambiguous indication of the data subject's wishes as defined in Article 4(11) of Regulation (EU) 2016/679.
2021/09/09
Committee: ECON
Amendment 356 #

2020/0374(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 23 b (new)
(23 b) "Profiling" means any form of automated processing of personal data as defined in Article 4(4) of Regulation (EU) 2016/679.
2021/09/09
Committee: ECON
Amendment 361 #

2020/0374(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point b
(b) it operates a core platform service which serves as an important gateway for business users or end users to reach other end users; and
2021/09/09
Committee: ECON
Amendment 367 #

2020/0374(COD)

Proposal for a regulation
Article 3 – paragraph 2 – point a
(a) the requirement in paragraph 1 point (a) where the undertaking to which it belongs achieves an annual EEA turnover equal to or above EUR 6.5 billion in the last three financial years, or where the average market capitalisation or the equivalent fair market value of the undertaking to which it belongs amounted to at least EUR 65 billion in the last financial year, and it provides a core platform service in at least threewo Member States;
2021/09/09
Committee: ECON
Amendment 369 #

2020/0374(COD)

Proposal for a regulation
Article 3 – paragraph 2 – point b – introductory part
(b) the requirement in paragraph 1 point (b) where it provides a one or more core platform services that hascombine more than 4530 million monthly active end users established or located in the Union andor more than 10 000 yearly active business users established in the Union in the last financial year;
2021/09/09
Committee: ECON
Amendment 379 #

2020/0374(COD)

Proposal for a regulation
Article 3 – paragraph 3 – introductory part
3. Where a provider of core platform services meets all the thresholds in paragraph 2, it shall notify the Commission thereof within threwithout undue delay and no later than one months after those thresholds are satisfied and provide it with the relevant information identified in paragraph 2.. That notification shall include the relevant information identified in paragraph 2 for each of the core platform services of the provider that meets the thresholds in paragraph 2 point (b). The notification shall be updated whenever other core platform services individually meet the thresholds in paragraph 2 point (b).
2021/09/09
Committee: ECON
Amendment 392 #

2020/0374(COD)

Proposal for a regulation
Article 3 – paragraph 4 – subparagraph 1
Where the gatekeeper presents such sufficiently substantiated arguments to demonstrate that it does not satisfy the requirements of paragraph 1, the Commission shall apply paragraph 6 to assess whetssess within the time- limit set in the first subparagraph the arguments provided by a gatekeeper to demonstrate that it does not satisfy the qualitative requirements of paragraph 1. Where the criteria in paragraph 1 are metprovider of a core platform service that satisfies the quantitative thresholds of paragraph 2 fails to comply with the investigative measures ordered by the Commission and the failure persists after the provider has been invited to comply within a reasonable time-limit and to submit observations, the Commission shall be entitled to designate that provider as a gatekeeper.
2021/09/09
Committee: ECON
Amendment 398 #

2020/0374(COD)

Proposal for a regulation
Article 3 – paragraph 6 – subparagraph 1 – point a
(a) the size, including turnover and market capitalisation, operations and position of the provider of core platform services, taking into account any intended concentration in line with Article 12(1);
2021/09/09
Committee: ECON
Amendment 409 #

2020/0374(COD)

Where the provider of a core platform service that satisfies the quantitative thresholds of paragraph 2 fails to comply with the investigative measures ordered by the Commission in a significant manner and the failure persists after the provider has been invited to comply within a reasonable time-limit and to submit observations, the Commission shall be entitled to designate that provider as a gatekeeper.deleted
2021/09/09
Committee: ECON
Amendment 415 #

2020/0374(COD)

Proposal for a regulation
Article 3 – paragraph 6 – subparagraph 4
Where the provider of a core platform service that does not satisfy the quantitative thresholds of paragraph 2 fails to comply with the investigative measures ordered by the Commission in a significant manner and the failure persists after the provider has been invited to comply within a reasonable time-limit and to submit observations, the Commission shall be entitled to designate that provider as a gatekeeper based on facts available.
2021/09/09
Committee: ECON
Amendment 417 #

2020/0374(COD)

Proposal for a regulation
Article 3 – paragraph 7
7. For each gatekeeper identified pursuant to paragraph 4 or paragraph 6, the Commission shall identify within the deadline set under paragraph 4 the relevant undertaking to which it belongs and list the relevant core platform services that are provided within that same undertaking and which individually serve as an important gateway for business users and end users to reach end users as referred to in paragraph 1(b).
2021/09/09
Committee: ECON
Amendment 421 #

2020/0374(COD)

Proposal for a regulation
Article 3 – paragraph 8
8. The gatekeeper shall comply with the obligations laid down in Articles 5 and 6 within sixthree months after a core platform service has been included in the list pursuant to paragraph 7 of this Article.
2021/09/09
Committee: ECON
Amendment 438 #

2020/0374(COD)

Proposal for a regulation
Article 5 – paragraph 1 – point a
(a) refrain from combining personal data sourced from these core platform services with personal data from any other services offered by the gatekeeper or with personal data from third-party services, and from signing in end users to other services of the gatekeeper in order to combine personal data, unless the end user has been presented with the specific choice and provided consent in the sense of Regulation (EU) 2016/679. ;
2021/09/09
Committee: ECON
Amendment 442 #

2020/0374(COD)

Proposal for a regulation
Article 5 – paragraph 1 – point a a (new)
(a a) refrain from delivering and displaying advertising that is targeting or micro-targeting individuals or segments of individuals based on their behaviour, the tracking of their activities or on profiling within the meaning Article 4(4) of Regulation (EU) 2016/679;
2021/09/09
Committee: ECON
Amendment 443 #

2020/0374(COD)

Proposal for a regulation
Article 5 – paragraph 1 – point a b (new)
(a b) refrain from combining personal data for advertising purposes or purposes of behaviour prediction;
2021/09/09
Committee: ECON
Amendment 446 #

2020/0374(COD)

Proposal for a regulation
Article 5 – paragraph 1 – point b
(b) allow business users to offer the same products or services to end users through third party online intermediation services or through direct business channels at prices or conditions that are different from those offered through the online intermediation services of the gatekeeper;
2021/09/09
Committee: ECON
Amendment 452 #

2020/0374(COD)

Proposal for a regulation
Article 5 – paragraph 1 – point d
(d) refrain from preventing or restricting business users or end user from raising issues with any relevant public authority or in front of national judiciary authority relating to any practice of gatekeepers;
2021/09/09
Committee: ECON
Amendment 466 #

2020/0374(COD)

Proposal for a regulation
Article 5 – paragraph 1 – point f
(f) refrain from requiring business users or end users to subscribe to or register with any other core platform services identified pursuant to Article 3 or which meets the thresholds in Article 3(2)(b)or any ancillary service as a condition to access, sign up or register to any of their core platform services identified pursuant to that Article;
2021/09/09
Committee: ECON
Amendment 474 #

2020/0374(COD)

(g) provide advertisers and publishers to which it supplies targeted digital advertising services based on contextual information, upon their request, with information concerning the price paid by the advertiser and publisher, as well as the amount or remuneration paid to the publisher, for the publishing of a given ad and for each of the relevant advertising services provided by the gatekeeper.
2021/09/09
Committee: ECON
Amendment 481 #

2020/0374(COD)

Proposal for a regulation
Article 5 – paragraph 1 – point g a (new)
(g a) allow end users to un-install any pre-installed software applications on its operating system;
2021/09/09
Committee: ECON
Amendment 485 #

2020/0374(COD)

Proposal for a regulation
Article 5 – paragraph 1 – point g b (new)
(g b) allow end users and business users of number independent interpersonal communication services and social network services to access to and interoperate with the gatekeeper's services by providing open standards, open protocols including Application Programming Interface.
2021/09/09
Committee: ECON
Amendment 499 #

2020/0374(COD)

Proposal for a regulation
Article 6 – paragraph 1 – point b
(b) allow end users to un-install any pre-installed software applications on its core platform service without prejudice to the possibility for a gatekeeper to restrict such un-installation in relation to software applications that are essential for the functioning of the operating system or of the device and which cannot technically be offered on a standalone basis by third-parties;.
2021/09/09
Committee: ECON
Amendment 504 #

2020/0374(COD)

Proposal for a regulation
Article 6 – paragraph 1 – point c
(c) allow the installation and effective use of third party software applications or software application stores or repositories using, or interoperating with, operating systems of that gatekeeper and allow these software applications or software application stores or repositories to be accessed by means other than the core platform services of that gatekeeper. The gatekeeper shall not be prevented from taking proportionate measures to ensure that third party software applications or software application stores do not endanger the integrity of the hardware or operating system provided by the gatekeeper;
2021/09/09
Committee: ECON
Amendment 524 #

2020/0374(COD)

Proposal for a regulation
Article 6 – paragraph 1 – point e
(e) refrain from technically restricting the ability of end users to switch between and subscribe to different software applications and services to be accessed using the operating system of the gatekeeper, including as regards the choice of Internet access provider for end users;
2021/09/09
Committee: ECON
Amendment 536 #

2020/0374(COD)

Proposal for a regulation
Article 6 – paragraph 1 – point f
(f) allow business users end users and providers of ancillary services access free of charge to and interoperability with the same operating system, hardware or software features that are available or used in the provision by the gatekeeper of any ancillary services;
2021/09/09
Committee: ECON
Amendment 542 #

2020/0374(COD)

Proposal for a regulation
Article 6 – paragraph 1 – point g
(g) provide advertisers and publishers, upon their request and free of charge, with access to the performance measuring tools of the gatekeeper for the purpose of targeted digital advertising based on contextual information and the information necessary for advertisers and publishers to carry out their own independent verification of the ad inventory;
2021/09/09
Committee: ECON
Amendment 553 #

2020/0374(COD)

Proposal for a regulation
Article 6 – paragraph 1 – point i
(i) provide business users, or third parties authorised by a business user, free of charge, with effective, high-quality, continuous and real-time access and use of aggregated or non-aggregated non- personal data, that is provided for or generated in the context of the use of the relevant core platform services by those business users and the end users engaging with the products or services provided by those business users; for personal data, provide access and use only where directly connected with the use effectuated by the end user in respect of the products or services offered by the relevant business user through the relevant core platform service, and when the end user opts in to such sharing with a consent in the sense of the Regulation (EU) 2016/679; ;
2021/09/09
Committee: ECON
Amendment 559 #

2020/0374(COD)

Proposal for a regulation
Article 6 – paragraph 1 – point j
(j) provide to any third party providers of online search engines, upon their request, with access on fair, reasonable and non-discriminatory terms to ranking, query, click and view data in relation to free and paid search generated by end users on online search engines of the gatekeeper, subject to anonymisation for the query, click and view data that constitutes personal data, provided that the gatekeeper is able to demonstrate that anonymised query, click and view data have been adequately tested against possible re- identification risks;
2021/09/09
Committee: ECON
Amendment 564 #

2020/0374(COD)

Proposal for a regulation
Article 6 – paragraph 1 – point k
(k) apply transparent, fair and non- discriminatory general conditions of access for business users to its software application store designated pursuant to Article 3 of this Regulation, and for business users which are SMEs on a given sectorial market to its online search engine and online social networking service designated pursuant to Article 3 of this Regulation.
2021/09/09
Committee: ECON
Amendment 570 #

2020/0374(COD)

Proposal for a regulation
Article 6 – paragraph 1 – point k a (new)
(k a) ensure that its services, including user interfaces, are accessible to persons with disabilities in accordance with Article 13 of Directive (EU) 2019/882. It shall also ensure that business users which rely on its core platform service to reach consumers for offering services and products in the scope of Directive (EU) 2019/882, comply with the requirements of Directive (EU) 2019/882;
2021/09/09
Committee: ECON
Amendment 576 #

2020/0374(COD)

Proposal for a regulation
Article 6 – paragraph 1 – point k b (new)
(k b) refrain from deploying subliminal techniques beyond a person`s consciousness in order to materially distort a person`s behaviour in a manner that can lead that person toward making certain choices by appealing to psychological biases.
2021/09/09
Committee: ECON
Amendment 597 #

2020/0374(COD)

Proposal for a regulation
Article 7 – paragraph 2
2. Where the Commission finds that the measures that the gatekeeper intends to implement pursuant to paragraph 1, or has implemented, do not ensure effective compliance with the relevant obligations laid down in Article 6, it mayshall by decision specify the measures that the gatekeeper concerned shall implement. The Commission shall adopt such a decision within six months from the opening of proceedings pursuant to Article 18. The decision shall be public.
2021/09/09
Committee: ECON
Amendment 603 #

2020/0374(COD)

Proposal for a regulation
Article 7 – paragraph 3
3. Paragraph 2 of this Article is without prejudice to the powers of the Commission under Articles 25, 26 and 27. In case of a non-compliance decision under Article 25 resulting in fines and penalties under Article 26, the period for non-compliance shall be presumed to start from the deadline set under Article 3(8).
2021/09/09
Committee: ECON
Amendment 605 #

2020/0374(COD)

Proposal for a regulation
Article 7 – paragraph 4
4. In view of adopting the decision under paragraph 2, the Commission shall communicate its preliminary findings to the gatekeeper within three months from the opening of the proceedings. In the preliminary findings, the Commission shall explain the measures it considers to take or it considers that the provider of core platform services concerned should take in order to effectively address the preliminary findings. The Commission may consult interested third parties demonstrating sufficient interest when drafting the preliminary findings. The preliminary findings shall be public.
2021/09/09
Committee: ECON
Amendment 612 #

2020/0374(COD)

Proposal for a regulation
Article 7 – paragraph 6 a (new)
6 a. For the purposes of specifying the obligations under Article 6(1) point (f), the Commission shall, in cooperation with the gatekeeper, business users and end user representatives, define the open technologies, open standards and open protocols, including the technical interface (Application Programming Interface), that allows end users of competing software and services and business users to dock on to the gatekeeper's core service and to interoperate with it. Any processing of personal data by the gatekeeper should comply with Regulation (EU) 2016/679, in particular Articles 6(1)(a) and 5(1)(c). Interoperability obligations shall not limit, hinder or delay the ability of intermediaries to address vulnerabilities in order to comply with an obligation under Article 18 of [NIS Directive] or Article 32(1)(c) of Regulation (EU) 2016/679.
2021/09/09
Committee: ECON
Amendment 617 #

2020/0374(COD)

Proposal for a regulation
Article 7 – paragraph 7
7. A gatekeeper may request within the time limits set under Article 3(8) the opening of proceedings pursuant to Article 18 for the Commission to determine whether the measures that the gatekeeper intends to implement or has implemented under Article 6 are effective in achieving the objective of the relevant obligation in the specific circumstances. A gatekeeper may, with its request, provide a reasoned submission to explain in particular why the measures that it intends to implement or has implemented are effective in achieving the objective of the relevant obligation in the specific circumstances.
2021/09/09
Committee: ECON
Amendment 619 #

2020/0374(COD)

Proposal for a regulation
Article 7 – paragraph 7 a (new)
7 a. The powers granted to the Commission under this Article are without prejudice to the jurisdiction of national courts to ensure compliance with the obligations laid down in Articles 5 and 6 in legal proceedings between gatekeepers, business and end users, including in collective redress procedures.
2021/09/09
Committee: ECON
Amendment 637 #

2020/0374(COD)

Proposal for a regulation
Article 10 – paragraph 1
1. The Commission is empowered to adopt delegated acts in accordance with Article 34 to update or adapt the obligations laid down in Articles 5 and 6 where, based on a market investigation pursuant to Article 17, it has identified the need for new obligations addressing practices that limit the contestability of core platform services or are unfair in the same way as the practices addressed by the obligations laid down in Articles 5 and 6.
2021/09/09
Committee: ECON
Amendment 641 #

2020/0374(COD)

Proposal for a regulation
Article 10 – paragraph 2 – point a
(a) there is an imbalance of rights and obligations on business users and end users and the gatekeeper is obtaining an advantage from business users that is disproportionate to the service provided by the gatekeeper toeither on business or end users; or
2021/09/09
Committee: ECON
Amendment 646 #

2020/0374(COD)

Proposal for a regulation
Article 11 – paragraph 1
1. A gatekeeper shall ensure that the obligations of Articles 5 and 6 are fully and effectively complied with. While the obligations of Articles 5 and 6 apply in respect of core platform services designated pursuant to Article 3, their implementation shall not be undermined by any behaviour of the undertaking to which the gatekeeper belongs, regardless of whether this behaviour is of a contractual, commercial, technical or any other nature, including product design, structure, function or manner of operation capable of influencing user choice and autonomy or through agreements with third party business partners of the gatekeepers.
2021/09/09
Committee: ECON
Amendment 648 #

2020/0374(COD)

Proposal for a regulation
Article 11 – paragraph 2
2. Where consent for collecting and processing of personal data is required to ensure compliance with this Regulation, a gatekeeper shall take the necessary steps to either enable business users to directly obtain the required consent to their processing, where required under Regulation (EU) 2016/679 and Directive 2002/58/EC, or to comply with Union data protection and privacy rules and principles in other ways including by providing business users with duly anonymised data where appropriate. The gatekeeper shall not make the obtaining of this consent by the business user more burdensome than for its own services, including through product design, structure, function or manner of operation capable of influencing user choice and autonomy or through agreements with third party business partners of the gatekeepers.
2021/09/09
Committee: ECON
Amendment 660 #

2020/0374(COD)

Proposal for a regulation
Article 12 – title
12 Obligation to inform aboutPrior notification of concentrations
2021/09/09
Committee: ECON
Amendment 663 #

2020/0374(COD)

Proposal for a regulation
Article 12 – paragraph 1 – introductory part
1. A gatekeeper shall informnotify to the Commission of any intended concentration within the meaning of Article 3 of Regulation (EC) No 139/2004 involving another provider of core platform services or of any other services provided in the digital sector irrespective of whether it is notifiable to a Union competition authority under Regulation (EC) No 139/2004 or to a competent national competition authority under national merger rules.
2021/09/09
Committee: ECON
Amendment 668 #

2020/0374(COD)

Proposal for a regulation
Article 12 – paragraph 1 – subparagraph 1
A gatekeeper shall informnotify to the Commission of such a concentration prior to its implementation and following the conclusion of the agreement, the announcement of the public bid, or the acquisition of a controlling interest.
2021/09/09
Committee: ECON
Amendment 672 #

2020/0374(COD)

Proposal for a regulation
Article 12 – paragraph 2
2. The notification pursuant to paragraph 1 shall at least describe for the acquisition targets their EEA and worldwide annual turnover, for any relevant core platform services their respective EEA annual turnover, their number of yearly active business users and the number of monthly active end users, the categories of personal data they process, as well as the rationale of the intended concentration.
2021/09/09
Committee: ECON
Amendment 673 #

2020/0374(COD)

Proposal for a regulation
Article 12 – paragraph 2 a (new)
2 a. The Commission shall assess the impact on any intended concentration on the contestability of markets by taking into account, inter alia, the elements laid down in Article 3(6). If, following this assessment, it is demonstrated that a concentration would weaken the contestability of markets, the Commission shall impose proportionate behavioural or structural remedies to ensure compliance with this Regulation.
2021/09/09
Committee: ECON
Amendment 674 #

2020/0374(COD)

Proposal for a regulation
Article 12 – paragraph 3
3. If, following any concentration as provided in paragraph 1, it is demonstrated that additional core platform services individually satisfy the thresholds in point (b) of Article 3(2), the gatekeeper concerned shall inform the Commission thereof within three months from the implementation of the concentration and provide the Commission with the information referred to in Article 3(2).
2021/09/09
Committee: ECON
Amendment 679 #

2020/0374(COD)

Proposal for a regulation
Article 13 – paragraph 1
Within six months after its designation pursuant to Article 3, a gatekeeper shall submit to the Commission an independently audited description of any techniques for profiling of consumers that the gatekeeper applies to or across its core platform services identified pursuant to Article 3. This description shall be updated at least annually. The Commission shall develop, in consultation with the EU Data Protection Supervisor, the European Data Protection Board, civil society and experts, the standards and process of the audit. The audited description, as well as any relevant material that is collected in the context of supervising the gatekeeper that relate to the processing of personal data, shall be shared by the Commission with any competent supervisory authority represented in the European Data Protection Board, upon its request.
2021/09/09
Committee: ECON
Amendment 687 #

2020/0374(COD)

Proposal for a regulation
Article 15 – paragraph 1
1. The Commission may conduct a market investigation for the purpose of examining whether a provider of core platform services should be designated as a gatekeeper pursuant to Article 3(6), or in order to identify core platform services for a gatekeeper pursuant to Article 3(7). It shall endeavour to conclude its investigation by adopting a decision in accordance with the advisory procedure referred to in Article 32(4) within twelvesix months from the opening of the market investigation.
2021/09/09
Committee: ECON
Amendment 689 #

2020/0374(COD)

Proposal for a regulation
Article 15 – paragraph 2
2. In the course of a market investigation pursuant to paragraph 1, the Commission shall endeavour to communicate its preliminary findings to the provider of core platform services concerned within sixthree months from the opening of the investigation. In the preliminary findings, the Commission shall explain whether it considers, on a provisional basis, that the provider of core platform services should be designated as a gatekeeper pursuant to Article 3(6).
2021/09/09
Committee: ECON
Amendment 692 #

2020/0374(COD)

Proposal for a regulation
Article 15 – paragraph 3
3. Where the provider of core platform services satisfies the thresholds set out in Article 3(2), but has presented significantly substantiated arguments in accordance with Article 3(4), the Commission shall endeavour to conclude the market investigation within five months from the opening of the market investigation by a decision pursuant to paragraph 1. In that case the Commission shall endeavour to communicate its preliminary findings pursuant to paragraph 2 to the provider of core platform services within three months from the opening of the investigation.deleted
2021/09/09
Committee: ECON
Amendment 696 #

2020/0374(COD)

Proposal for a regulation
Article 15 – paragraph 4
4. When the Commission pursuant to Article 3(6) designates as a gatekeeper a provider of core platform services that does not yet enjoy an entrenched and durable position in its operations, but it is foreseeable that it will enjoy such a position in the near future based on a notification in line with article 12(1), it shall declare applicable to that gatekeeper only obligations laid down in Article 5(b) and Article 6(1) points (e), (f), (h) and (i) as specified in the designation decision. The Commission shall only declare applicable those obligations that are appropriate and necessary to prevent that the gatekeeper concerned achieves by unfair means an entrenched and durable position in its operations. The Commission shall review such a designation in accordance with the procedure laid down in Article 4.
2021/09/09
Committee: ECON
Amendment 699 #

2020/0374(COD)

Proposal for a regulation
Article 16 – title
16 Market investigation into systematic non-compliance or concentration that weakens the contestability of markets
2021/09/09
Committee: ECON
Amendment 702 #

2020/0374(COD)

Proposal for a regulation
Article 16 – paragraph 1
1. Where the market investigation shows that a gatekeeper has systematically infringed the obligations laid down in Articles 5 and 6 and has further strengthened or extended its gatekeeper position in relatior where the Commission assesses under Article 12 that any intended concentration has an adverse impact on to the characteristics under Article 3(1)ontestability of markets, the Commission mayshall by decision adopted in accordance with the advisory procedure referred to in Article 32(4) impose on such gatekeeper any behavioural or structural remedies which are proportionate to the infringement committed and necessary to ensure compliance with this Regulation. The Commission shall conclude its investigation by adopting a decision within twelve months from the opening of the market investigation.
2021/09/09
Committee: ECON
Amendment 706 #

2020/0374(COD)

Proposal for a regulation
Article 16 – paragraph 2
2. The Commission may only impose structural remedies pursuant to paragraph 1 either where there is no equally effective behavioural remedy or where any equally effective behavioural remedy would be more burdensome for the gatekeeper concerned than the structural remedy. Such structural remedies may include: (a) separation of business units; (b) unbundling and horizontal division of services; (c) changes to the gatekeeper’s financing model; (d) disgorging financial benefits to end- users.
2021/09/09
Committee: ECON
Amendment 708 #

2020/0374(COD)

Proposal for a regulation
Article 16 – paragraph 3
3. A gatekeeper shall be deemed to have engaged in a systematic non- compliance with the obligations laid down in Articles 5 and 6, whereas soon as the Commission has issued at least threewo non- compliance or fining decisions pursuant to Articles 25 and 26 respectively against a gatekeeper in relation to any of its core platform services within a period of five10 years prior to the adoption of the decision opening a market investigation in view of the possible adoption of a decision pursuant to this Article.
2021/09/09
Committee: ECON
Amendment 712 #

2020/0374(COD)

Proposal for a regulation
Article 16 – paragraph 4
4. A gatekeeper shall be deemed to have further strengthened or extended its gatekeeper position in relation to the characteristics under Article 3(1), where its impact on the internal market has further increased, its importance as a gateway for business users to reach end users has further increased or the gatekeeper enjoys a further entrenched and durable position in its operations.deleted
2021/09/09
Committee: ECON
Amendment 714 #

2020/0374(COD)

Proposal for a regulation
Article 16 – paragraph 5
5. The Commission shall communicate its objections to the gatekeeper concerned within sixthree months from the opening of the investigation. In its objections, the Commission shall explain whether it preliminarily considers that the conditions of paragraph 1 are met and which remedy or remedies it preliminarily considers necessary and proportionate.
2021/09/09
Committee: ECON
Amendment 733 #

2020/0374(COD)

Proposal for a regulation
Article 22 – paragraph 1
1. In case of urgency due to the risk of serious and irreparable damage for business users or end users of gatekeepers imminent threats to the fairness and contestability of markets or the general considerations laid out in Article 1(1), the Commission may, by decision adopt in accordance with the advisory procedure referred to in Article 32(4), order interim measures against a gatekeeper on the basis of a prima facie finding of an infringement of Articles 5 or 6.
2021/09/09
Committee: ECON
Amendment 734 #

2020/0374(COD)

Proposal for a regulation
Article 22 – paragraph 2
2. A decision pursuant to paragraph 1 may only be adopted in the context of proceedings opened in view of the possible adoption of a decision of non-compliance pursuant to Article 25(1). This decision shall apply for a specified period of time and may be renewed in so far this is necessary and appropriate.
2021/09/09
Committee: ECON
Amendment 737 #

2020/0374(COD)

Proposal for a regulation
Article 23 – paragraph 2 – point a a (new)
(a a) the measures proposed by the gatekeeper have proven ineffective to ensure compliance with the obligations of Article 5 and 6;
2021/09/09
Committee: ECON
Amendment 740 #

2020/0374(COD)

Proposal for a regulation
Article 24 – paragraph 1
1. The Commission mayshall take the necessary actions to monitor the effective implementation and compliance with the obligations laid down in Articles 5 and 6 and the decisions taken pursuant to Articles 7, 16, 22 and 23.
2021/09/09
Committee: ECON
Amendment 750 #

2020/0374(COD)

Proposal for a regulation
Article 25 – paragraph 1 a (new)
1 a. The Commission shall adopt its decision within six months from the opening of a proceeding.
2021/09/09
Committee: ECON
Amendment 752 #

2020/0374(COD)

Proposal for a regulation
Article 25 – paragraph 3
3. In the non-compliance decision adopted pursuant to paragraph 1, the Commission shall order the gatekeeper to cease and desist with the non-compliance within an appropriate deadline and to provide eximpose any appropriate remedies to ensure effective complianations on how it plans to comply with the decisce with the obligations laid down under Articles 5 and 6 and to restore constestability and fairness on the markets in line with this Regulation.
2021/09/09
Committee: ECON
Amendment 756 #

2020/0374(COD)

Proposal for a regulation
Article 25 – paragraph 4
4. The gatekeeper shall provide the Commission with the description of the measures it took to ensure compliance with the decision adopted pursuant to paragraph 1. In case the non-compliance persists following a review of the measures proposed by the gatekeeper, the Commission shall propose amendments to these measures to ensure full compliance with the obligations laid down in Articles 5 and 6.
2021/09/09
Committee: ECON
Amendment 770 #

2020/0374(COD)

Proposal for a regulation
Article 28 – paragraph 1
1. The powers conferred on the Commission by Articles 26 and 27 shall be subject to a threfive year limitation period.
2021/09/09
Committee: ECON
Amendment 777 #

2020/0374(COD)

Proposal for a regulation
Article 30 – paragraph 1 a (new)
1 a. If the Commission considers it necessary, it may also hear other natural or legal persons before taking the decisions as provided for in paragraph 1. Applications to be heard on the part of such persons shall, where they show a sufficient interest, be granted. The national competent authorities designated under Article 32a may also ask the Commission to hear other natural or legal persons with sufficient interest.
2021/09/09
Committee: ECON
Amendment 779 #

2020/0374(COD)

Proposal for a regulation
Article 30 – paragraph 2
2. Gatekeepers, undertakings and 2. associations of undertakings concerned and interested third parties may submit their observations to the Commission’s preliminary findings within a time limit which shall be fixed by the Commission in its preliminary findings and which may not be less than 14 days.
2021/09/09
Committee: ECON
Amendment 780 #

2020/0374(COD)

Proposal for a regulation
Article 30 – paragraph 3
3. The Commission shall base its decisions only on objections on which gatekeepers, undertakings and, associations of undertakings and interested third- parties concerned have been able to comment.
2021/09/09
Committee: ECON
Amendment 781 #

2020/0374(COD)

Proposal for a regulation
Article 30 a (new)
Article 30 a Accountability 1. The Commission shall adopt an annual report on the state of the digital economy. This report shall provide an analysis of the market position, influence and business models of the gatekeepers in the common market. The report shall include a summary of its activities, in particular supervisory measures adopted under Chapter II and IV of this Regulation as well as an assessment on whether competition rules, the provisions of this Regulation (and Regulation XX/2021 [DSA]) and current enforcement levels are adequate to address anticompetitive conduct and ensure the contestability and fairness of digital markets. This annual report shall also include a social impact assessment, which assesses new digital products and services and their potential impact on mental health, user behaviour, disinformation, polarisation and democracy. In the fulfilment of this mandate, the Commission should coordinate its supervisory and monitoring efforts with those foreseen under the Digital Services Act, so as to achieve the best possible synergies. 2. The European Parliament through its competent committees may provide an opinion on an annual basis on the report by the Commission. 3. The Commission shall reply in writing to the opinion adopted by the European Parliament and to any question addressed to it by the European Parliament or by the Council within five weeks of its receipt. 4. At the request of the European Parliament, the Commission shall participate in a hearing before the European Parliament. A hearing shall take place at least bi-annually. The respective Commissioner shall make a statement before the European Parliament and answer any questions from its members, whenever so requested. In addition, a continuous, high-level dialogue between the European Parliament and the Commission shall be ensured through exchanges which take place no less than four times a year.
2021/09/09
Committee: ECON
Amendment 787 #

2020/0374(COD)

Proposal for a regulation
Article 32 a (new)
Article 32 a Role of national competent authorities and coordination by the Commission 1. Member State shall designate a competent authority to monitor compliance with obligations laid down in this Regulation and report regularly to the Commission on compliance with this Regulation. 2. National competent authorities shall not take decisions that run counter to a decision adopted by the Commission under this Regulation. 3. National competent authorities may provide, under the coordination of the Commission, support to a market investigation or proceeding pursuant to Article 7(2), 15, 16, 17 , 19, 20 by collecting information and providing expertise or by collecting complaints to be transferred to the Commission. 4. When collecting sufficient evidence for designation of a gatekeeper, non- compliance with the obligations laid down in Articles 5 and 6 or need to add new obligations, national competent authorities shall request the opening of a market investigation in accordance with Article 33.
2021/09/09
Committee: ECON
Amendment 793 #

2020/0374(COD)

Proposal for a regulation
Article 33 – paragraph 1
1. When threone or more Member States request the Commission to open an investigation pursuant to Article 15 because they consider that there are reasonable grounds to suspect that a provider of core platform services should be designated as a gatekeeper, the Commission shall within four months examine whether there are reasonable grounds to open such an investigation and adopt a decision. In case the Commission decides there is no grounds for opening a market investigation, it shall publish a reasoned opinion.
2021/09/09
Committee: ECON
Amendment 797 #

2020/0374(COD)

Proposal for a regulation
Article 33 – paragraph 1 a (new)
1 a. When one or more Member States request the Commission to open an investigation pursuant to Article 16 because they consider that there are reasonable grounds to suspect that a provider of core platform services fails to comply with its obligations under Article 5 and 6, the Commission shall within four months examine whether there are reasonable grounds to open such an investigation and adopt a decision. In case the Commission decides there is no grounds for opening a market investigation, it shall publish a reasoned opinion.
2021/09/09
Committee: ECON
Amendment 798 #

2020/0374(COD)

Proposal for a regulation
Article 33 – paragraph 1 b (new)
1 b. When one or more Member States request the Commission to open an investigation pursuant to Article 17 because they consider that there are reasonable grounds to request new services or practices to fall under the scope of this Regulation, the Commission shall within four months examine whether there are reasonable grounds to open such an investigation and adopt a decision. In case the Commission decides there is no grounds for opening a market investigation, it shall publish a reasoned opinion.
2021/09/09
Committee: ECON
Amendment 799 #

2020/0374(COD)

Proposal for a regulation
Article 33 – paragraph 2
2. Member States shall submit evidence in support of their request. Such evidence provided by competent national authorities shall in particular notably include information allowing to determine the fairness of general access conditions to core platform services, including as regards revenue streams deriving from advertisement, and the distribution of appropriate shares of revenues to third party rightholders.
2021/09/09
Committee: ECON
Amendment 801 #

2020/0374(COD)

Proposal for a regulation
Article 33 – paragraph 2 a (new)
2 a. Third parties with a legitimate interest in representing business users or end users may provide the Commission with evidence with respect to any of the investigations triggered by paragraphs 1 to 3 of this Article. On that basis, the Commission shall within four months examine whether there are reasonable grounds to open such an investigation pursuant to Articles 15, 16 and 17.
2021/09/09
Committee: ECON
Amendment 802 #

2020/0374(COD)

Proposal for a regulation
Article 33 a (new)
Article 33 a Right to lodge complaints 1. Third parties representing business users or end users shall be entitled to lodge complaints with regard to the non- designation of gatekeepers and non- compliance by gatekeepers with their obligations in accordance with Article 3, 5 and 6 and request the opening of a market investigation. They shall submit evidence in support of their request. 2. The Commission shall examine whether there are reasonable grounds to open such an investigation and inform the interested third parties of its decision within three months.
2021/09/09
Committee: ECON
Amendment 804 #

2020/0374(COD)

Proposal for a regulation
Article 33 b (new)
Article 33 b Amendment to Directive (EU) 2020/1818 1. The following point is added to Annex I of Directive (EU) 2020/1828: ‘(67) Regulation (EU) 20XX/XXXX of the European Parliament and of the Council on contestable and fair markets in the digital sectors'
2021/09/09
Committee: ECON
Amendment 805 #

2020/0374(COD)

Proposal for a regulation
Article 34 – paragraph 1
1. The Commission shall publish the decisions which it takes pursuant to Articles 3, 7, 8, 9, 15, 16, 17, 18, 22, 23(1), 25, 26 and 27, 27, 33 and 33(a). Such publication shall state the names of the parties and the main content of the decision, including any penalties imposed and a report stating the grounds for such a decision.
2021/09/09
Committee: ECON
Amendment 817 #

2020/0374(COD)

3. Member States shall provide any relevant information they have that the Commission may require for the purposes of drawing up the report referred to in paragraph 1. Among such information, data allowing to determine the fairness of general access conditions to platform services should be examined, including as regards revenue streams deriving from advertisement, and the distribution of appropriate shares of revenues to third party rightholders.
2021/09/09
Committee: ECON
Amendment 50 #

2020/0361(COD)

Proposal for a regulation
Recital 34
(34) In order to achieve the objectives of this Regulation, and in particular to improve the functioning of the internal market and ensure a safe and transparent online environment, it is necessary to establish a clear and balanced set of harmonised due diligence obligations for providers of intermediary services. Those obligations should aim in particular to guarantee different public policy objectives such as the safety and trust of the recipients of the service, including minors, women and vulnerable users, such as those with protected characteristics under Article 21 of the Charter, protect the relevant fundamental rights enshrined in the Charter, to ensure meaningful accountability of those providers and to empower recipients and other affected parties, whilst facilitating the necessary oversight by competent authorities.
2021/07/15
Committee: FEMM
Amendment 58 #

2020/0361(COD)

Proposal for a regulation
Recital 41
(41) The rules on such notice and action mechanisms should be harmonised at Union level, so as to provide for the timely, diligent and objective processing of notices on the basis of rules that are uniform, transparent and clear and that provide for robust safeguards to protect the right and legitimate interests of all affected parties, in particular their fundamental rights guaranteed by the Charter, irrespective of the Member State in which those parties are established or reside and of the field of law at issue. The fundamental rights include, as the case may be, the right to freedom of expression and information, the right to respect for private and family life, the right to protection of personal data, the right to non-discrimination, the right to gender equality and the right to an effective remedy of the recipients of the service; the freedom to conduct a business, including the freedom of contract, of service providers; as well as the right to human dignity, the rights of the child, the right to protection of property, including intellectual property, and the right to non- discrimination of parties affected by illegal content.
2021/07/15
Committee: FEMM
Amendment 64 #

2020/0361(COD)

Proposal for a regulation
Recital 52
(52) Online advertisement plays an important role in the online environment, including in relation to the provision of the services of online platforms. However, online advertisement can contribute to significant risks, ranging from advertisement that is itself illegal content, to contributing to financial incentives for the publication or amplification of illegal or otherwise harmful content and activities online, or the discriminatory display of advertising with an impact on the equal treatment and opportunities of citizens, in particular with regard to gender equality. In addition to the requirements resulting from Article 6 of Directive 2000/31/EC, online platforms should therefore be required to ensure that the recipients of the service have certain individualised information necessary for them to understand when and on whose behalf the advertisement is displayed. In addition, recipients of the service should have information on the main parameters used for determining that specific advertising is to be displayed to them, providing meaningful explanations of the logic used to that end, including when this is based on profiling. The requirements of this Regulation on the provision of information relating to advertisement is without prejudice to the application of the relevant provisions of Regulation (EU) 2016/679, in particular those regarding the right to object, automated individual decision- making, including profiling and specifically the need to obtain consent of the data subject prior to the processing of personal data for targeted advertising. Similarly, it is without prejudice to the provisions laid down in Directive 2002/58/EC in particular those regarding the storage of information in terminal equipment and the access to information stored therein.
2021/07/15
Committee: FEMM
Amendment 68 #

2020/0361(COD)

Proposal for a regulation
Recital 57
(57) Three categories of systemic risks should be assessed in-depth. A first category concerns the risks associated with the misuse of their service through the dissemination of illegal content, such as the dissemination of child sexual abuse material or illegal hate speech, and the conduct of illegal activities, such as the sale of products or services prohibited by Union or national law, including counterfeit products. For example, and without prejudice to the personal responsibility of the recipient of the service of very large online platforms for possible illegality of his or her activity under the applicable law, such dissemination or activities may constitute a significant systematic risk where access to such content may be amplified through accounts with a particularly wide reach. A second category concerns the impact of the service on the exercise of fundamental rights, as protected by the Charter of Fundamental Rights, including the freedom of expression and information, the right to private life, the right to non-discrimination, the right to gender equality and the rights of the child. Such risks may arise, for example, in relation to the design of the algorithmic systems used by the very large online platform or the misuse of their service through the submission of abusive notices or other methods for silencing speech or hampering competition. A third category of risks concerns the intentional and, oftentimes, coordinated manipulation of the platform’s service, with a foreseeable impact on health, civic discourse, electoral processes, public security and protection of minors, having regard to the need to safeguard public order, protect privacy and fight fraudulent and deceptive commercial practices. Such risks may arise, for example, through the creation of fake accounts, the use of bots, and other automated or partially automated behaviours, which may lead to the rapid and widespread dissemination of information that is illegal content or incompatible with an online platform’s terms and conditions.
2021/07/15
Committee: FEMM
Amendment 87 #

2020/0361(COD)

Proposal for a regulation
Recital 91
(91) The Board should bring together the representatives of the Digital Services Coordinators and possible other competent authorities under the chairmanship of the Commission, with a view to ensuring an assessment of matters submitted to it in a fully European dimension. In view of possible cross-cutting elements that may be of relevance for other regulatory frameworks at Union level, the Board should be allowed to cooperate with other Union bodies, offices, agencies and advisory groups with responsibilities in fields such as equality, including gender equality between women and men, and non- discrimination, data protection, electronic communications, audiovisual services, detection and investigation of frauds against the EU budget as regards custom duties, or consumer protection, as necessary for the performance of its tasks.
2021/07/15
Committee: FEMM
Amendment 104 #

2020/0361(COD)

Proposal for a regulation
Article 12 – paragraph 2 a (new)
2 a. Terms and conditions of providers of intermediary services shall respect the essential principles of human rights as enshrined in the Charter and international law
2021/07/15
Committee: FEMM
Amendment 114 #

2020/0361(COD)

Proposal for a regulation
Article 14 – paragraph 1
1. Providers of hosting services shall put mechanisms in place to allow any individual or entity to notify them, in at least any of the official EU languages the notifier may wish, of the presence on their service of specific items of information that the individual or entity considers to be illegal content. Those mechanisms shall be easy to access, user- friendly, and allow for the submission of notices exclusively by electronic means.
2021/07/15
Committee: FEMM
Amendment 117 #

2020/0361(COD)

Proposal for a regulation
Article 14 – paragraph 5 a (new)
5 a. The provider of intermediary services shall also notify the recipient who provided the information, where contact details are available, giving them the opportunity to reply before taking a decision, unless this would obstruct the prevention and prosecution of serious criminal offences.
2021/07/15
Committee: FEMM
Amendment 118 #

2020/0361(COD)

Proposal for a regulation
Article 14 – paragraph 6 a (new)
6 a. Upon receipt of a valid notice, providers of hosting services shall act expeditiously to disable access to content which is manifestly illegal.
2021/07/15
Committee: FEMM
Amendment 119 #

2020/0361(COD)

Proposal for a regulation
Article 14 – paragraph 6 b (new)
6 b. The provider of hosting services shall ensure that processing of notices is undertaken by qualified staff to whom adequate initial and ongoing training on the applicable legislation and international human rights standards, including anti-discrimination, as well as appropriate working conditions are to be provided, including, where relevant, professional support, qualified psychological assistance and legal advice.
2021/07/15
Committee: FEMM
Amendment 127 #

2020/0361(COD)

Proposal for a regulation
Article 24 a (new)
Article 24 a Protections against image-based sexual abuse Where an online platform is primarily used for the dissemination of user generated pornographic content, the platform shall take the necessary technical and organisational measures to ensure (a) that users who disseminate content have verified themselves through a double opt-in e-mail and cell phone registration; (b) professional human-powered content moderation in line with Article 14(6d), where content having a high probability of being illegal, such as content depicting to be voyeuristic or enacting rape scenes, is reviewed; (c) the accessibility of an anonymous qualified notification procedure in the form that additionally to the mechanism referred to in Article 14 and respecting the same principles with the exception of paragraph 5a of that Article, individuals may notify the platform with the claim that image material depicting them or purporting to be depicting them is being disseminated without their consent and supply the platform with prima facie evidence of their physical identity; content notified through this procedure shall be considered manifestly illegal in terms of Article 14(6a) and shall be suspended within 48 hours.
2021/07/15
Committee: FEMM
Amendment 129 #

2020/0361(COD)

Proposal for a regulation
Article 26 – paragraph 1 – introductory part
1. Very large online platforms shall identify, analyse and assess, from the date of application referred to in the second subparagraph of Article 25(4), at least once a year thereafter,on an ongoing basis, the probability and severity of any significant systemic risks stemming from the functioning and use made of their services in the Union. This risk assessment shall be specific to their services and shall include the following systemic risks:
2021/07/15
Committee: FEMM
Amendment 131 #

2020/0361(COD)

Proposal for a regulation
Article 26 – paragraph 1 – point b
(b) any negative effects for the exercise of the fundamental rights listed in the Charter, in particular the right to respect for private and family life, freedom of expression and information, the prohibition of discrimination, the right to gender equality and the rights of the child, as enshrined in Articles 7, 11, 21, 23 and 24 of the Charter respectively;
2021/07/15
Committee: FEMM
Amendment 147 #

2020/0361(COD)

Proposal for a regulation
Article 27 – paragraph 1 – point b
(b) targeted measures aimed at limiting the display of advertisements or illegal content in association with the service they provide;
2021/07/15
Committee: FEMM
Amendment 160 #

2020/0361(COD)

Proposal for a regulation
Article 35 – paragraph 2
2. Where significant systemic risk within the meaning of Article 26(1) emerge and concern several very large online platforms, the Commission may invite the very large online platforms concerned, other very large online platforms, other online platforms and other providers of intermediary services, as appropriate, as well as civil society organisations, including civil society organisations working on gender equality, experts on fundamental rights and other interested parties, to participate in the drawing up of codes of conduct, including by setting out commitments to take specific risk mitigation measures, as well as a regular reporting framework on any measures taken and their outcomes.
2021/07/15
Committee: FEMM
Amendment 165 #

2020/0361(COD)

Proposal for a regulation
Article 48 – paragraph 5
5. The Board may invite experts and observers to attend its meetings, in particular on fundamental rights and gender equality, and may cooperate with other Union bodies, offices, agencies and advisory groups, as well as external experts as appropriate. The Board shall make the results of this cooperation publicly available.
2021/07/15
Committee: FEMM
Amendment 166 #

2020/0361(COD)

Proposal for a regulation
Article 48 – paragraph 5 a (new)
5 a. The composition of the Board shall be gender balanced.
2021/07/15
Committee: FEMM
Amendment 234 #

2020/0310(COD)

Proposal for a directive
Recital 16 b (new)
(16 b) In some Member States there are no statutory minimum wages, nor any systems for declaring collective agreements generally binding. Wages, including minimum wage protection, are provided exclusively by collective bargaining between autonomous social partners. Average wages in those Member States are among the highest in the European Union. These collective self- regulatory systems rest on a very high collective bargaining coverage, significantly above 70 %, as well as high levels of membership on both the employer side and the trade union side. Therefore, in those Member States, the national social partners, representing both private and public sector, should have the option to jointly demand that the Member State does not apply this Directive either totally or in part. Member states that have so determined not to apply this Directive have no obligation to implement the directive. The rationale for an opt out for those Member States, on basis of a joint demand from social partners, also follows from the aim of this Directive which is to encourage and promote collective bargaining coverage to reach at least 70%.
2021/05/18
Committee: EMPL
Amendment 432 #

2020/0310(COD)

Proposal for a directive
Article 1 – paragraph 3 b (new)
3b. Member States where there are no statutory minimum wages or systems for declaring collective agreements generally binding, where minimum wage protection is provided exclusively by collective bargaining between autonomous social partners and where collective bargaining coverage exceeds 70% of the workforce, shall have the option not to apply this Directive, either totally or in part, provided that the social partners at national level jointly demand this.
2021/05/18
Committee: EMPL
Amendment 65 #

2020/0104(COD)

Proposal for a regulation
Recital 2 a (new)
(2a) Article 2 and 8 of the Treaty provides that equality between women and men is a value of the Union and that, in all its activities, the Union should aim to eliminate inequalities, and to promote equality between men and women. Gender mainstreaming, including gender budgeting, should therefore be implemented in all policies and regulations of the EU.
2020/09/11
Committee: EMPL
Amendment 69 #

2020/0104(COD)

Proposal for a regulation
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 economic and social consequences for all Member. The challenges linked to the demographic context COVID-19 crisis is having a disproportioned impact on women and girls due to existing inequalities that lead to, among others, an increased risk of violence against women and girls during the lockdown and a higher drop-out of the labour market linked to a higher burden on care tasks, a higher shavre beof women aemplified by COVID-19oyed in sectors affected by the lockdown, in informal economy, in sectors with higher precarious conditions and on women’s rights organisations. 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, 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 further widening of the divergences in the Union. The current COVID-19 pandemic as well as the previous economic and financial crisis have demonstrated that, in the aftermath of crises, differences between Member States often become more pronounced, with regards to economic development, fiscal resources, livings standards, and public service quality. Economic crises lastingly increase or manifest inequality between and within societies, unless their effects are swiftly and effectively mitigated through crisis preparedness and economic, social, ecological and administrative resilience. A lack of resilience can also lead to avoidable spillover effects of shocks between Member States or within the Union as a whole, thereby posing challenges to convergence and cohesion in the Union, and threatening the stability of the Economic and Monetary Union and the Single Market.
2020/09/11
Committee: EMPL
Amendment 75 #

2020/0104(COD)

Proposal for a regulation
Recital 4 a (new)
(4a) The economic consequences of the COVID-19 outbreak have severely reduced the fiscal room for manoeuvre for many Member States, which undermines their ability to implement important reform and investment priorities. While the European Semester is the EU framework to identify economic reforms and investment priorities, the need for recovery and resilience building, highlighted by COVID19, goes beyond the domain of economic policy and needs to be adequately prioritised in the design and set up of the European Semester. The Economic and Monetary Union governance needs to be adapted, including by overcoming its shortcomings in parliamentary accountability and lack of democratic oversight.
2020/09/11
Committee: EMPL
Amendment 80 #

2020/0104(COD)

Proposal for a regulation
Recital 5 a (new)
(5a) Women have been at the forefront of the COVID-19 crisis, forming the majority of healthcare workers across the EU, and balancing unpaid care work with their employment responsibilities, made increasingly difficult for single parents which women form 85% of. Investment in robust care infrastructure is essential in order to ensure equality between women and men, women’s economic empowerment, build resilient societies, combat precarious conditions in a female dominated sector, boost job creation, prevent poverty and social exclusion, and has a positive effect on GDP as it allows more women to take part in paid work.
2020/09/11
Committee: EMPL
Amendment 85 #

2020/0104(COD)

Proposal for a regulation
Recital 8
(8) Against this background, it is necessary to strengthen the current framework for the provision of support to Member States and provide for a mechanism, that allows the distribution of direct financial support from the EU-level to Member States through an innovative tool, which governs the distribution of funds to support European priorities and provides for accountability, transparency, and democratic oversight with regards to the implementation of the agreed national reform and investment plans. To that end, a Recovery and Resilience Facility (the ‘Facility’) should be established under this Regulation to provide effective financial and significant support to step upfor the implementation of reforms and related public investments in the Member States, particularly in view of reaching the objectives of the new sustainable growth strategy presented in the European Green Deal. The Facility should be comprehensive and should also benefit from the experience gained by the Commission and the Member States from the use of the other instruments and programmes.
2020/09/11
Committee: EMPL
Amendment 88 #

2020/0104(COD)

Proposal for a regulation
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 with at least 50% of its resources to mainstreaming climate actions and environmental sustainability and to the achievement of an overall target of 2540 % of the EU budget expenditures supporting The Union’s climate objectives and additional 10 % for bio diversity. The EU Taxonomy should be used to track the implementation of such overarching objectives. The Facility should only support activities that do not cause significant harm to one or more environmental objectives referred to in Article 9 of Regulation(EU)2020/852 pursuant to the provisions of Article 17 of the Regulation (EU)2020/852 and activities carried out in compliance with the ‘minimum safeguards’ pursuant to Article 18 of Regulation (EU)2020/852.
2020/09/11
Committee: EMPL
Amendment 94 #

2020/0104(COD)

Proposal for a regulation
Recital 12
(12) In order to implement these overall objectives, relevant actions will be identified during the Facility’s preparation and implementation, and reassessed in the context of the relevant evaluations and review processes. Also, due attention should be paid to the impact of the national plans submitted under this Regulation on fostering not only the green transition, but also the digital transformation. They will both play a priority role in relaunching and modernising our economy.deleted
2020/09/11
Committee: EMPL
Amendment 96 #

2020/0104(COD)

Proposal for a regulation
Recital 13
(13) In order to enable measures to be taken that link the Facility to sound economic governance, with a view to ensuring uniform implementing conditions, the power should be conferred on the Council to suspend, on a proposal from the Commission and by means of implementing acts, the period of time for the adoption of decisions on proposals for recovery and resilience plans and to suspend payments under this Facility, in the event of significant non-compliance in relation to the relevant cases related to the economic governance process laid down in the Regulation (EU) No XXX/XX of the European Parliament and of the Council [CPR] (…). The power to lift those suspensions by means of implementing acts, on a proposal from the Commission, should also be conferred on the Council in relation to the same relevant cases.deleted
2020/09/11
Committee: EMPL
Amendment 98 #

2020/0104(COD)

Proposal for a regulation
Recital 14
(14) The Facility’s general objective should be the promotion of economic, social and territorial cohesion and to contribute to the objectives of Union policies, the United Nations Sustainable Development Goals and the European Pillar of Social Rights. 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 aimed at achieving a climate neutral Europe by 2050foster the digital transitions and supporting the just and inclusive transition towards an environmentally sustainable, energy- and resource-efficient and circular economy, where there are no net emissions of greenhouse gases as soon as possible and by 2050 at the latest, thereby refostoering themployment creation and the sustainable growth potential of the economies of the Union in the aftermath of the crisis, fostering employment creation and to promoting sustainable and gender- balanced sustainable growth.
2020/09/11
Committee: EMPL
Amendment 105 #

2020/0104(COD)

Proposal for a regulation
Recital 16
(16) To ensure its contribution to the objectives of the Facility, the recovery and resilience plan should comprise measures for the implementation of reforms and public investment projects through a coherent recovery and resilience plan. The recovery and resilience plan should be consistent with the Union’s commitments under the Paris Agreement, and take into account the relevant country- specific challenges and priorities identified in the context of the European Semester, with the national reform programmes, the national energy and climate plans, the just transition plans, and the partnership agreements and operational programmes adopted under the Union funds. To boost actions that fall within the priorities of the European Green Deal and the Digital Agenda, the plan should also set out measures that are relevant for the green and digital transitions. The measures should enable a swift deliver of targets, objectives and contributions set out in national energy and climate plans and updates thereof. All supported activities should be pursued in full respect of the climate and environmental priorities of the Union. and comply with the ‘do no significant harm’ principle set out set out in 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 [EU Taxonomy Regulation]. The Facility should not be used to support activities identified in the exclusion list referred to in this Regulation. Furthermore, at least 50 % of the recovery and resilience plans should be dedicated to mainstreaming climate and other environmental sustainability objectives. The EU Taxonomy should be used to track the implementation of such overarching objectives. The recovery and resilience plans should be consistent with the EU Gender Equality Strategy 2020-2025. The measures should also be consistent with the duty to respect and promote the values enshrined in Article 2 TEU. The Plans should contain a transversal gender section including, inter alia, mandatory gender impact assessments and ex post checks, gender proofing and requirements regarding gender balance and equal pay related to all economic activities supported by the plans. Member States should also ensure the collection of gender-disaggregated data and gender budgeting for the national plans.
2020/09/11
Committee: EMPL
Amendment 113 #

2020/0104(COD)

Proposal for a regulation
Recital 16 a (new)
(16a) As local governments and municipalities are the closest to their citizens, and they have a first-hand experience regarding needs and problems of the local communities and economies, they play a crucial role in economic and social recovery. Taking this into consideration municipalities and local governments should play an important role in the planning and implementation of this Facility, including the preparation of the recovery and resilience plans as well as the management of the projects under the Facility. In order to fully exploit the potential of municipalities and local governments in achieving recovery and resilience, certain sources of the Recovery and Resilience Facility should be dedicated to them, with creating a direct access to those sources for municipalities and local governments.
2020/09/11
Committee: EMPL
Amendment 115 #

2020/0104(COD)

Proposal for a regulation
Recital 16 b (new)
(16b) Member States should ensure that social partners are consulted when drafting the National recovery and resilience plans. In order to improve consistency and relevance of national plans, social partners should be given the possibility to provide their inputs at early stage before the national recovery and resilience plans are submitted to the EU. If the national recovery and resilience plan is attached to the National Reform Programme, social partners are consulted preferably not later than month of February on a draft NRP. If the national recovery and resilience plan or their updates are not attached to the NRP, member states will ensure that social partners are consulted at least one month before the plan is submitted to the European Commission. Social partners are heard according to national rules and practices. National recovery and resilience plans will explain how the inputs of social partners were taken into account and, if the social partners wish so, the opinion of social partners will be attached to the National Reform Programmes or, when appropriate, to the national recovery and resilience plans.
2020/09/11
Committee: EMPL
Amendment 117 #

2020/0104(COD)

Proposal for a regulation
Recital 21
(21) In order to ensure the national ownership and a focus on relevant reforms and investments, Member States wishing to receive support should submit to the Commission a recovery and resilience plan that is duly reasoned and substantiated. The plan should be drawn up based on a multilevel dialogue with local authorities, social partners, civil society organisations and other relevant stakeholders in order to ensure the largest consensus possible. The recovery and resilience plan should set out the detailed set of measures for its implementation, including targets and milestones, and the expected impact of the recovery and resilience plan on the objectives of the European Green Deal, in particular the sustainable growth potential, high-quality job creation and economic and social resilience; it should also include measures that are relevant for the green and the digital transitions; it should also include measures for politically neutral distribution of funds for support of civil society and non-profits as well as independent media of up to 5 % of the overall funds; it should also include a commitment by the government of distributing sufficient amount of funds to municipalities, at least of the level of 80 % of municipal funding available to them prior to the COVID-19 crisis; it should also include an explanation of how the measures in the plan are expected to address deficiencies as regards the values enshrined in Article 2 TEU. Furthermore it should also include an explanation of the consistency of the proposed recovery and resilience plan with the relevanlatest country- specific challenges and priorities identified in the context of the European Semester.recommendations adopted in the European Semester framework. The plans should also demonstrate how the plan is expected to contribute to gender equality and gender-balanced growth and job creation; Close cooperation between the Commission and the Member States should be sought and achieved throughout the process.
2020/09/11
Committee: EMPL
Amendment 126 #

2020/0104(COD)

Proposal for a regulation
Recital 22
(22) The Commission should assess the recovery and resilience plan proposed by the Member States and should act in close cooperation with the Member State concerned and with the participation of social partners and civil society organisations. The Commission will fully respect the national ownership of the process and will therefore take into account the justification and elements provided by the Member State concerned and assess whether the recovery and resilience plan proposed by the Member State is expected to contribute to effectively address challenges identified in the relevant country-specific recommendation addressed to the Member State concerned or in other relevant documents officially adopted by the Commission in the European Semester; whether the plan contains measures that effectively contribute to the green and the digital transitions and to addressing the challenges resulting from them; whether the plan is expected to have a lasting impact in the Member State concerned; whether the plan is expected to effectively contribute to strengthen the growth potential, job creation and economic and social resilience of the Member State, mitigate the economic and social impact of the crisis and contribute to enhancing economic, social and territorial cohesion; whether the justification provided by the Member State of the estimated total costs of the recovery and resilience plan submitted is reasonable and plausible and is commensurate to the expected impact on the economy and employment; whether the proposed recovery and resilience plan contains measures for the implementation of reforms and public investment projects that represent coherent actions; and whether the arrangement proposed by the Member State concerned are expected to ensure effective implementation of the recovery and resilience plan, including the proposed milestones and targets, and the related indicators.
2020/09/11
Committee: EMPL
Amendment 128 #

2020/0104(COD)

Proposal for a regulation
Recital 24
(24) In order to contribute to the preparation of high-quality plans and assist the Commission in the assessment of the recovery and resilience plans submitted by the Member States and in the assessment of the degree of their achievement, provision should be made for the use of expert advice and, at the Member State request, peer counselling; The application of this Regulation should fully observe Article 152 TFEU, and the National recovery and resilience plans issued under this Regulation should respect national practices and institutions for wage formation. This Regulation takes into account Article 28 of the Charter of Fundamental Rights of the European Union, and accordingly must not affect the right to negotiate, conclude or enforce collective agreements or to take collective action in accordance with national law and practices.
2020/09/11
Committee: EMPL
Amendment 145 #

2020/0104(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 1 (new)
(1) The Recovery and Resilience Facility established by this Regulation shall not apply to: (a) the decommissioning or the construction of nuclear power stations, (b) the production, processing, distribution, storage or combustion of fossil fuels (c) Investment in airport infrastructure except for outermost regions (d) Investment in capacity expansion of motorway infrastructure.
2020/09/11
Committee: EMPL
Amendment 148 #

2020/0104(COD)

Proposal for a regulation
Article 4 – paragraph 1
1. The general objective of the Recovery and Resilience Facility shall be to promote the Union’s economic, social and territorial cohesion by improving the resilience and adjustment capacity of the Member States, mitigating the social and, economic and gender related impact of the crisis, and supporting the green and digital transitions, while protecting workers that may suffer from such productive transitions, thereby contributing to restoring the growth potential of the economies of the Union, fostering employment creation in the aftermath of the COVID-19 crisis, and promoting fair sustainable growth.
2020/09/11
Committee: EMPL
Amendment 158 #

2020/0104(COD)

Proposal for a regulation
Article 9
Measures linking the Facility to sound 1. compliance in relation to any of the cases laid down in Article 15(7) of the Regulation laying down common provisions on the […)][CPR], the Council shall, on a proposal from the Commission, adopt a decision by means of an implementing act to suspend the time period for the adoption of the decisions referred to in Articles 17(1) and 17(2) or to suspend payments under the Recovery and Resilience Facility. The decision to suspend payments referred to in paragraph 1 shall apply to payment applications submitted after the date of the decision to suspend. The suspension of the time period referred to in Article 17 shall apply from the day after the adoption of the decision referred to in paragraph 1. In case of suspension of payments Article 15(9) of Regulation laying down common provisions on the (…) shall apply. 2. of the cases referred to in Article 15(11) of the Regulation laying down common provisions on the […], the Council shall, on a proposal from the Commission, adopt a decision by means of an implementing act to lift the suspension of the time period or of payments referred to in the previous paragraph. The relevant procedures or payments shall resume the day after the lifting of the suspension.Article 9 deleted economic governance In the event of significant non- In the event of occurrence of any
2020/09/11
Committee: EMPL
Amendment 171 #

2020/0104(COD)

Proposal for a regulation
Article 13 – paragraph 1 – point b a (new)
(ba) an explanation of how the measures in the plan are expected to address deficiencies as regards the values enshrined in Article 2 TEU;
2020/09/11
Committee: EMPL
Amendment 172 #

2020/0104(COD)

Proposal for a regulation
Article 13 – paragraph 1 – point b b (new)
(bb) an explanation of how the measures in the plan are expected to effectively and indiscriminately support non-profit civil society organisations and municipalities, regions or other subnational authorities in the Member State;
2020/09/11
Committee: EMPL
Amendment 181 #

2020/0104(COD)

Proposal for a regulation
Article 15 – paragraph 2
2. The recovery and resilience plan presented by the Member State concerned shall constitute an annex to its National Reform Programme and shall be officially submitted at the latest by 30 April. A draft plan may be submitted by Member State starting from 15 October of the preceding year, together with the draft budget of the subsequent year. Such draft plan is submitted to the attention of national social partners for consultation not later than the next February and social partners will have at least 30 days to react in writing.
2020/09/11
Committee: EMPL
Amendment 190 #

2020/0104(COD)

Proposal for a regulation
Article 15 – paragraph 3 – point c
(c) an explanation of how the measures in the plan are expected to contribute to the green and the digital transitionconsistent with a pathway to limit the global temperature increase to 1.5°C above pre-industrial levels, and of how they are expected to contribute to the achievement of the Union's climate and environment objectives or to the challenges resulting from them; and in particular their contribution to
2020/09/11
Committee: EMPL
Amendment 193 #

2020/0104(COD)

Proposal for a regulation
Article 15 – paragraph 3 – point c a (new)
(ca) a detailed justification of how the plan will achieve the 40% allocation target to activities substantially contributing to climate change mitigation or adaptation and the 10% allocation target to activities substantially contributing to any of the other environmental objectives, in accordance with Article 4a(2) and with Article 14(1)b and a demonstration that the envisaged reforms and investments included in the plan comply with the 'do no significant harm' principle on the basis of a detailed list referred to in paragraph 1a of economic activities expected to be supported by the facility;
2020/09/11
Committee: EMPL
Amendment 197 #

2020/0104(COD)

Proposal for a regulation
Article 15 – paragraph 3 – point c b (new)
(cb) an explanation of how the measures respect the principles of interoperability, energy efficiency, data protection, the promotion of digital equality, digital accessibility, open software and open hardware solutions and personal data;
2020/09/11
Committee: EMPL
Amendment 200 #

2020/0104(COD)

Proposal for a regulation
Article 15 – paragraph 3 – point c c (new)
(cc) a gender impact assessment of the plan, in-line with the objectives outlined in the Gender Equality Strategy, to effectively address the negative impact of the crisis on gender equality, in particular by ensuring high-quality job creation for women, the reduction of the gender pay gap and access to credit for women entrepreneurs, and through measures to prevent and combat gender-based violence and sexual harassment;
2020/09/11
Committee: EMPL
Amendment 203 #

2020/0104(COD)

Proposal for a regulation
Article 15 – paragraph 3 – point c d (new)
(cd) a summary of the consultations with stakeholders, as referred to in Article 14(5);
2020/09/11
Committee: EMPL
Amendment 204 #

2020/0104(COD)

Proposal for a regulation
Article 15 – paragraph 3 – point c e (new)
(ce) a justification of the absence conflict of interest with relation to the implementation of the EU budget for all public investments measures contained in the plan
2020/09/11
Committee: EMPL
Amendment 205 #

2020/0104(COD)

Proposal for a regulation
Article 15 – paragraph 3 – point f a (new)
(fa) the share of the estimated total cost of the recovery and resilience plan referred to in point (f) allocated to sustainable economic activities as defined under Regulation (EU) 2020/852, differentiated per environmental objective;
2020/09/11
Committee: EMPL
Amendment 233 #

2020/0104(COD)

Proposal for a regulation
Article 17 – paragraph 1
1. The Commission shall adopt a decision within four months of the official submission of the recovery and resilience plan by the Member State, by means of an implementingdelegated act. In the event that the Commission gives a positive assessment to a recovery and resilience plan, that decision shall set out the reforms and investment projects to be implemented by the Member State, including the milestones and targets, and the financial contribution allocated in accordance with Article 11.
2020/09/11
Committee: EMPL
Amendment 237 #

2020/0104(COD)

Proposal for a regulation
Article 18 – paragraph 1
1. Where the recovery and resilience plan including relevant milestones and targets, is no longer achievable, either partially or totally, by the Member State concerned because of objective circumstances, the Member State concerned may make a reasoned request to the Commission to amend or replace the decisions referred to in Article 17(1) and 17(2). To that effect, the Member State may propose a modified or a new recovery and resilience plan, having heard national social partners and other relevant stakeholders.
2020/09/11
Committee: EMPL
Amendment 247 #

2020/0104(COD)

Proposal for a regulation
Article 24 – paragraph 2
2. The annual report shall include information on the progress made with the recovery and resilience plans of the Member States concerned under the Facility and their impact on equality between women and men.
2020/09/11
Committee: EMPL
Amendment 249 #

2020/0104(COD)

Proposal for a regulation
Article 25 – paragraph 1
1. Four years after the entry into force of this Regulation, the Commission shall provide the European Parliament, and the Council, the European Economic and Social Committee and the Committee of the Regions with an independent evaluation report on its implementation and with an independent ex post gender- responsive evaluation report no later than three years after the end of 2027.
2020/09/11
Committee: EMPL
Amendment 250 #

2020/0104(COD)

Proposal for a regulation
Article 25 – paragraph 4
4. The ex-post evaluation report shall consist of a global assessment of the instruments established by this Regulation and shall include information on its impact in the long-term, including on equality between women and men.
2020/09/11
Committee: EMPL
Amendment 1075 #

2020/0104(COD)

Proposal for a regulation
Article 16 – paragraph 2
2. When assessing the recovery and resilience plan and in the determination of the amount to be allocated to the Member State concerned, the Commission shall take into account the analytical information on the Member State concerned available in the context of the European Semester as well as the justification and the elements provided by the Member State concerned, as referred to in Article 15(3), and any other relevant information including, in particular, the one contained in the National Reform Programme and the National Energy and Climate Plan of the Member State concerned and, if relevant, information from technical support received via the Technical Support Instrument. The Commission shall also require a gender impact assessment of the plan carried out by an independent expert or proceed to such an assessment itself.
2020/09/25
Committee: BUDGECON
Amendment 1150 #

2020/0104(COD)

Proposal for a regulation
Article 16 – paragraph 3 – point c a (new)
(c a) whether the gender equality plan included in the recovery and resilience plan effectively addresses the gender issues emerging in the crisis and ensures gender equality. In particular, the area of employment, access to finance as well as whether it includes measures to prevent and combat gender-based and domestic violence;
2020/09/25
Committee: BUDGECON
Amendment 1165 #

2020/0104(COD)

Proposal for a regulation
Article 16 – paragraph 3 – point d
(d) whether the recovery and resilience plan is expected to effectively contribute to strengthen the growth potential, job creation, gender equality and economic and social resilience of the Member State, mitigate the economic and social impact of the crisis, and contribute to enhance economic, social and territorial cohesion;
2020/09/25
Committee: BUDGECON
Amendment 49 #

2020/0103(COD)

Proposal for a regulation
Recital 4
(4) At Union level, the European Semester of economic policy coordination is the principal framework to identify national reform priorities and monitor their implementationin the economic and social policy areas and monitor their implementation. The European Parliament has stated that socially responsible reforms in the context of the European Semester must be based on solidarity, integration, social justice and a fair distribution of wealth and income, thereby creating a model that ensures equality, equal opportunities and social protection, protects vulnerable groups and improves living standards for all citizens, which are key principles of the European Pillar of Social Rights. Member States develop their own national multiannual investment strategies in support of those reform priorities. Those strategies are presented alongside the yearly National Reform Programmes as a way to outline and coordinate priorities to be supported by national and/or Union funding. They should also serve to use Union funding in a coherent manner and to maximise the added value of the financial support to be received notably from the programmes supported by the Union under the structural and cohesion funds, and from other programmes.
2020/09/03
Committee: EMPL
Amendment 55 #

2020/0103(COD)

Proposal for a regulation
Recital 7
(7) Reflecting the European Green Deal as Europe’s growth strategy and the translation of the Union’s commitments to implement the Paris Agreement and the United Nations’ Sustainable Development Goals, the technical support instrument will contribute to mainstreaming climate actions and to the achievement of an overall target of 2540% of the EU budget expenditures supporting climate objectives and an additional 10% for maintaining biodiversity in Europe. Relevant actions should be identified during the instrument’s preparation and implementation, and reassessed in the context of the relevant evaluations and review processes. This should also tackle broader environmental and social challenges within the Union, including the protection of natural capital and the support to the circular economy and be in line with the 2030 Agenda for Sustainable Development.
2020/09/03
Committee: EMPL
Amendment 58 #

2020/0103(COD)

Proposal for a regulation
Recital 8
(8) The general objective of the technical support instrument should be to promote the Union’s economic, social and territorial cohesion by supporting Member States efforts to implement reforms necessary to achieve economic and social recovery, resilience and convergencestrengthen the administrative capacity of the Member States and subnational authorities insofar as their institutions, public administration and economic and social sectors are concerned and should assist national and subnational authorities in their endeavours to design, develop and implement reforms. Furthermore it should promote the Union’s economic, social and territorial cohesion by supporting Member States efforts to implement reforms and investments that will support a sustainable and fair economic, social and gender- equal recovery beyond the COVID-19 pandemic. To that effect, it should support the strengthening of the administrative capacity of the Member States to implement Union law, in relation to challenges faced by institutions, governance, public administration, and economic and social sectors.
2020/09/03
Committee: EMPL
Amendment 63 #

2020/0103(COD)

Proposal for a regulation
Recital 9
(9) The specific objectives of the technical support instrument should be to assist national authorities in their endeavours to design, develop and implement sustainable reforms, including through exchange of good practices, appropriate processes and methodologies and a more effective and efficient human resources management.
2020/09/03
Committee: EMPL
Amendment 69 #

2020/0103(COD)

Proposal for a regulation
Recital 10 a (new)
(10a) In order for the reforms to gather wide support, Member States that wish to benefit from the Programme should be required, as part of the process of drawing up proposals for packages, to consult relevant stakeholders, such as local and regional authorities, the economic and social partners and civil society, in line with the relevant provisions of Commission Delegated Regulation (EU) No 240/2014, as well as national parliaments.
2020/09/03
Committee: EMPL
Amendment 79 #

2020/0103(COD)

Proposal for a regulation
Recital 21
(21) The work programmes for the implementation of technical support should be established. In order to ensure uniform conditions for the implementation of this Regulation, implementing powers should be conferred on the Commission. Horizontal financial rules adopted by the European Parliament and the Council on the basis of Article 322 of the Treaty apply to this Regulation. These rules are laid down in Regulation (EU, Euratom) 2018/1046 of the European Parliament and of the Council (the Financial Regulation)17 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 in accordance with Regulation (EU) YYY/XX of the European Parliament and of the Council [on 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. __________________ 17Regulation (EU, Euratom) 2018/1046 of the European Parliament and of the Council of 18 July 2018 on the financial rules applicable to the general budget of the Union, amending Regulations (EU) No 1296/2013, (EU) No 1301/2013, (EU) No 1303/2013, (EU) No 1304/2013, (EU) No 1309/2013, (EU) No 1316/2013, (EU) No 223/2014, (EU) No 283/2014, and Decision No 541/2014/EU and repealing Regulation (EU, Euratom) No 966/2012 (OJ L 193, 30.7.2018, p. 1).
2020/09/03
Committee: EMPL
Amendment 81 #

2020/0103(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 1
(1) technical support’ means measures that help Member States or subnational administrative units to carry out institutional, and/or administrative and growth-reforms that improve sustainingability and resilience-enhancing reforms;
2020/09/03
Committee: EMPL
Amendment 82 #

2020/0103(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 1 a (new)
(1a) ‘sustainable reforms’ means measures that: (i) modify in a lasting and sustainable way the structure of an economy, the institutional and regulatory framework in which societies operate, and the ability of public services in particular schools and childcare institutions as well as healthcare services, public administration and civil society to adapt to change, including improving their resilience to crises, (ii) thereby enhance cohesion, convergence and reduce the regional disparities in accordance with Article 174; and (iii) contribute to the realisation of the United Nations Sustainable Development Goals, the Paris Agreement, the Union’s commitments under the Paris Agreement, and the implementation of the European Pillar of Social Rights;
2020/09/03
Committee: EMPL
Amendment 83 #

2020/0103(COD)

Proposal for a regulation
Article 3 – paragraph 1
The general objective of the instrument shall be to promote the Union’s economic, social and territorial cohesion by supporting Member States efforts to implement reforms necessary to achieve economic and social recovery, resilience and upward economic and social convergence, and to support Member States’ efforts to strengthen their administrative capacity to implement Union law in relation to challenges faced by institutions, governance, public administration, and economic and social sectors.:
2020/09/03
Committee: EMPL
Amendment 88 #

2020/0103(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point a (new)
(a) to protect and promote the Union’s economic, social and territorial cohesion following the exceptional symmetric economic shock experienced in the Union as a consequence of the outbreak of COVID-19 by enabling all regions and Member States to support a sustainable recovery, and to incentivise and support regions and Member States to improve their economic, social and administrative crisis preparedness and resilience to future shocks;
2020/09/03
Committee: EMPL
Amendment 89 #

2020/0103(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point b (new)
(b) to support Member States’ efforts to improve their administrative capacity at all levels of administration to implement Union law and policy objectives in line with the commitments of the Union and of Member States in the context of the Paris Agreement, the United Nations Sustainable Development Goals, and the European Pillar of Social Rights;
2020/09/03
Committee: EMPL
Amendment 90 #

2020/0103(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point c (new)
(c) to contribute to addressing national reform challenges of a structural nature aimed at improving the performance of the national economies and at promoting resilient economic, social and institutional structures in the Member States, thereby contributing to sustainable and gender-responsive economic development, cohesion, competitiveness, productivity, job creation, gender equality, social inclusion and sustainable real convergence; and
2020/09/03
Committee: EMPL
Amendment 91 #

2020/0103(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point d (new)
(d) to contribute to strengthening the administrative and institutional capacity of the Member States, including, where appropriate, at subnational levels, in relation to challenges faced by institutions, governance, public administration, schools and childcare institutions, the public health system and economic and social sectors; and
2020/09/03
Committee: EMPL
Amendment 92 #

2020/0103(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point e (new)
(e) to contribute to the economic, social, environmental and administrative resilience of Member States in the face of large-scale shocks at Union or national level.
2020/09/03
Committee: EMPL
Amendment 93 #

2020/0103(COD)

Proposal for a regulation
Article 4 – paragraph 1
To achieve the general objective set out in Article 3, the instrument shall have the specific objectives of assisting supporting national and, where appropriate, subnational authorities in improving their capacity to design, develop and implement reforms, includithrough, among othrougher things, exchange of good practices, appropriate processes and methodologies, broad stakeholder involvement, and a more effective and efficient human resources management. Those specific objectives shall be pursued in close cooperation with the Member States concerned, and, when relevant, namely for policy areas under Article 5 (1) (d) and (e), according to laws and practice of the Member State concerned, with social partners of the Member State concerned.
2020/09/03
Committee: EMPL
Amendment 99 #

2020/0103(COD)

Proposal for a regulation
Article 5 – paragraph 1 – introductory part
The specific objectives set out in Article 4 shall refer to policy areas related to cohesion, competitiveness, education, pronvergence, the improvement of economic, social and administrative resilience, sustainable development, cohesion, gender equality, childcare, health care, elderly care, educativityon, research and innovation, smart, fair, sustainable, and inclusive growth, jobs and investment, with specific emphasis ton actions that foster the green and digital transitions, and in particular tosuch as one or more of the following:
2020/09/03
Committee: EMPL
Amendment 108 #

2020/0103(COD)

Proposal for a regulation
Article 5 – paragraph 1 – point c
(c) a sustainable business environment, including for small and medium-sized enterprises and social economy enterprises, re- industrialisation, private sector development, product and service markets, promoting sustainable and social investment, public participation in enterprises, privatisation processes, trade and foreign direct investment, competition and public procurement, sustainable sectoral development and support for research and innovation and digitisation;
2020/09/03
Committee: EMPL
Amendment 111 #

2020/0103(COD)

Proposal for a regulation
Article 5 – paragraph 1 – point d
(d) education and training, labour market policies, including social dialogue, for the creation of jobs, up- and re-skilling, in particular digital skills, media literacy, active citizenshiphigh quality jobs especially for young people and decent working conditions for all workers, up- and re-skilling, in particular digital skills, media literacy, active citizenship, participation and representation of workers and pursuing a comprehensive social dialogue, the fight against poverty and excessive income inequality, gender inequality, the promotion of social inclusion, adequate, high quality, affordable and inclusive social security and social welfare systems, accessible and affordable public health and healthcare systems, as well as cohesion, asylum, migration and borderin particular social protection measures with a focus on vulnerable groups; accessible and affordable public health and healthcare systems, affordable high-quality child care and care for the elderly and for persons with disabilities, as well as cohesion policies;
2020/09/03
Committee: EMPL
Amendment 119 #

2020/0103(COD)

Proposal for a regulation
Article 5 – paragraph 1 – point e
(e) climate change mitigation policies for implementing the digital and the greengreen and digital transitions, e- government solutions, e- procurement, connectivity, data access and governance, e-learning, use of Artificial Intelligence based solutions, the environmental pillar of sustainable development and environmental protection, climate action, sustainable mobility, promoting the circular economy, energy and resource efficiency, renewable energy sources, achieving energy diversification and ensuring energy security, and for the agricultural sector, soil and biodiversity protection, fisheries and the sustainable development of rural areas; and
2020/09/03
Committee: EMPL
Amendment 125 #

2020/0103(COD)

Proposal for a regulation
Article 6 – paragraph 2
2. The financial envelope for the instrument may also cover expenses pertaining to preparatory, monitoring, control, audit and evaluation activities, which are required for the management of the instrument and the achievement of its objectives, in particular studies, meetings of stakeholders and experts, information and communication actions, including corporate communication of the political priorities of the Union, in so far as they are related to the objectives of this Regulation, expenses linked to IT networks focusing on information processing and exchange, including corporate information technology tools, and all other technical and administrative assistance expenses incurred by the Commission for the management of the instrument. Expenses may also cover the costs of other supporting activities such as quality control and monitoring of technical support projects on the ground and the costs of peer counselling and experts for the assessment and implementation of structural reforms.
2020/09/03
Committee: EMPL
Amendment 130 #

2020/0103(COD)

Proposal for a regulation
Article 7 – paragraph 1 – point c – point i a (new)
(ia) consultations with a broad range of stakeholders through different fora, including women’s organisations, representatives of vulnerable groups and the social partners;
2020/09/03
Committee: EMPL
Amendment 133 #

2020/0103(COD)

Proposal for a regulation
Article 7 – paragraph 1 – point c – point iii a (new)
(iiia) gender impact assessments and gender-based aggregated and non- aggregated data bases;
2020/09/03
Committee: EMPL
Amendment 135 #

2020/0103(COD)

Proposal for a regulation
Article 7 – paragraph 1 – point g
(g) studies, research, analyses and surveys, evaluations and impact assessments, gender impact assessments, the results of which shall be automatically exchanged amongst Member States and with the Commission in order to ensure the highest level of transparency and to secure EU-wide policy coherence in the field of gender equality, and the development and publication of guides, reports and educational material;
2020/09/03
Committee: EMPL
Amendment 138 #

2020/0103(COD)

Proposal for a regulation
Article 8 – paragraph 1 a (new)
1a. Member States that wish to benefit from the instrument shall consult, where appropriate, relevant stakeholders as part of their requests for technical support.
2020/09/03
Committee: EMPL
Amendment 140 #

2020/0103(COD)

Proposal for a regulation
Article 8 – paragraph 2 – point a
(a) the implementation of reforms by Member States, undertaken on their own initiative, in particular to support a sustainable recovery [in line with Regulation (EU) No YYY/XX], achieve sustainable economic growth and job creation and enhance, promote high-quality job creation, social inclusion, environmental protection, climate change mitigation, gender equality as well as social and economic resilience;
2020/09/03
Committee: EMPL
Amendment 142 #

2020/0103(COD)

Proposal for a regulation
Article 8 – paragraph 2 – point c
(c) the implementation of growth- socially balanced, employment-sustaining and resilience-enhancing reforms in the context of EU economic governance processes, in particular the country-specific recommendations issued in the context of the European Semester or actions related to the implementation of Union law;
2020/09/03
Committee: EMPL
Amendment 143 #

2020/0103(COD)

Proposal for a regulation
Article 8 – paragraph 2 – point d a (new)
(da) In policy areas in Article 5 (1) (d) and (e) the Member State submitting a request for technical assistance will specify how their request impacts labour market institutions, including social partners and when relevant will specify how social partners have to be involved according to national rules and practices.
2020/09/03
Committee: EMPL
Amendment 144 #

2020/0103(COD)

Proposal for a regulation
Article 8 – paragraph 2 – point d b (new)
(db) If the technical assistance is demanded to implement a country specific recommendation that requires the involvement of social partners, social partners are promptly informed about the existence of the request and modalities of their involvement.
2020/09/03
Committee: EMPL
Amendment 145 #

2020/0103(COD)

Proposal for a regulation
Article 8 – paragraph 3 – subparagraph 1
Based on that analysis, and taking into account the existing actions and measures financed by Union funds or other Union programmes, the Commission shall come to an agreement with the Member State concerned on the priority areas for support, the objectives, an indicative timeline, the scope of the support measures to be provided and the estimated global financial contribution for such technical support, involvement of social partners when relevant, which shall be set out in a cooperation and support plan.
2020/09/03
Committee: EMPL
Amendment 148 #

2020/0103(COD)

Proposal for a regulation
Article 9 – paragraph 1
1. The Commission shall transmit, with the consent of the Member State concerned, the cooperation and support plan to the European Parliament and the Council without undue delay. The Member State concerned may refuse to give such consent in the case of sensitive or confidential information, the disclosure of which would jeopardise public interests of the Member State.
2020/09/03
Committee: EMPL
Amendment 150 #

2020/0103(COD)

Proposal for a regulation
Article 9 – paragraph 2
2. Notwithstanding the provisions of paragraph 1, the Commission shall transmit the cooperation and support plan to the European Parliament and the Council in the following circumstances: (a) concerned has redacted all sensitive or confidential information, the disclosure of which would jeopardise public interests of the Member State; (b) when the disclosure of relevant information would not adversely affect the implementation of the support measures, and in any case no later than two months after the delivery of such measures under the cooperation and support plan.deleted as soon as the Member State after a reasonable period of time,
2020/09/03
Committee: EMPL
Amendment 152 #

2020/0103(COD)

Proposal for a regulation
Article 9 – paragraph 2 – point a
(a) as soon as the Member State concerned has redacted all sensitive or confidential information, the disclosure of which would jeopardise public interests of the Member State;deleted
2020/09/03
Committee: EMPL
Amendment 153 #

2020/0103(COD)

Proposal for a regulation
Article 9 – paragraph 2 – point b
(b) after a reasonable period of time, when the disclosure of relevant information would not adversely affect the implementation of the support measures, and in any case no later than two months after the delivery of such measures under the cooperation and support plan.deleted
2020/09/03
Committee: EMPL
Amendment 156 #

2020/0103(COD)

Proposal for a regulation
Article 12 – paragraph 6 – introductory part
6. In order to implement the technical support, the Commission shall adopt work programmes by way of implementing acts, and inform the European Parliament and the Council thereof.delegated acts in accordance with Article 16b,
2020/09/03
Committee: EMPL
Amendment 161 #

2020/0103(COD)

Proposal for a regulation
Article 16 a (new)
Article 16 a Transparency 1. Beneficiaries shall ensure, for the benefit of the general public, maximum transparency concerning the actions and financial flows under this instrument. Such transparency may only be limited by legal acts related to commercial confidentiality, applicable data protection rules or undergoing administrative or criminal investigations by EU bodies. 2. Beneficiaries shall, in line with Directive (EU) 2019/1024 on open data and the re-use of public sector information, publish all relevant information concerning their projects in a standardized and comparable open and machine readable format on an official publicly available register, including but not only: project proposals, declaration on non-conflict of interest, meeting minutes, impact assessments, contracts, evaluation and audit reports, as well as all public procurements shall be published on the EU Open Data Portal. 3. The Member States should by default make all the results of the cooperation (including data, studies, software tools, etc.) available to the general public or explain the nature of the confidentiality of the file. 4. All the published data mentioned in paragraphs 1-3 should be available indefinitely. Union Institutions and the Member States should offer cooperation in logistical measures to keep all these data available to the general public even after the beneficiary ceases to exist.
2020/09/03
Committee: EMPL
Amendment 162 #

2020/0103(COD)

Proposal for a regulation
Chapter 3 a (new)
CHAPTER IIIA A Exercise of the delegation Article 16b Exercise of the delegation 1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article. 2. The power to adopt delegated acts referred to in Article 12(6) shall be conferred on the Commission until 31 December 2028. 3. The delegation of power referred to in Article 12(6) may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force. 4. Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making. 5. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council. 6. A delegated act adopted pursuant to Article 12(6) shall enter into force if no objection has been expressed either by the European Parliament or by the Council within a period of three months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by three months at the initiative of the European Parliament or of the Council.
2020/09/03
Committee: EMPL
Amendment 7 #

2019/2212(INI)

Motion for a resolution
Citation 18 a (new)
- - having regard the European Parliament resolution of 15 November 2018 on care services in the EU for improved gender equality
2020/01/29
Committee: EMPL
Amendment 8 #

2019/2212(INI)

Motion for a resolution
Citation 27 a (new)
- having regard to its resolution of 25 October 2017 on the fundamental rights aspects in Roma integration in the EU: fighting anti-Gypsyism,
2020/01/29
Committee: EMPL
Amendment 10 #

2019/2212(INI)

Motion for a resolution
Citation 37 a (new)
- having regard to the European Commission Communication of 20 February 2013 entitled “Towards Social Investment for Growth and Cohesion – including implementing the European Social Fund 2014-2020”(COM(2013) 83 final), and Staff Working Documents accompanying the Communication, Investing in Health (SWD(2013) 43 final) and Long-term care in ageing societies - Challenges and policy options (SWD(2013)41 final),
2020/01/29
Committee: EMPL
Amendment 11 #

2019/2212(INI)

Motion for a resolution
Citation 37 a (new)
- having regard to the European Commission Staff Working Document of 4 September 2013 –“Report on Health inequalities in the European Union” (SWD(2013)328 final),
2020/01/29
Committee: EMPL
Amendment 12 #

2019/2212(INI)

Motion for a resolution
Citation 37 b (new)
- having regard to the European Commission Communication of 4 April 2014 “On effective, accessible and resilient health systems” (COM(2014)215 final),
2020/01/29
Committee: EMPL
Amendment 13 #

2019/2212(INI)

Motion for a resolution
Citation 37 c (new)
- having regard to the Council Conclusions of 20 June 2014 on “the Economic crisis and healthcare”,
2020/01/29
Committee: EMPL
Amendment 14 #

2019/2212(INI)

Motion for a resolution
Citation 37 d (new)
- having regard to the Council Conclusions of 24 October 2019 on “the Economy of Wellbeing”,
2020/01/29
Committee: EMPL
Amendment 16 #

2019/2212(INI)

Motion for a resolution
Recital A
A. whereas the employment rate of people aged 20-64 reached 73.9 % in the EU in the second quarter of 2019, and 72.7 % in the euro area; whereas the employment rate of deprived social groups, such as persons with disabilities, the homeless, and the Roma, is significantly lower;
2020/01/29
Committee: EMPL
Amendment 22 #

2019/2212(INI)

Motion for a resolution
Recital B
B. whereas the employment rate of older workers (55-64) increased to 58.7 % in 2018; whereas older workers continue to be the main driver of employment growth; whereas the lack of adequate care services is a barrier to keeping older workers, especially women, in the labour market; whereas the Roma continue to be the most underrepresented group in employment (only 43%);
2020/01/29
Committee: EMPL
Amendment 35 #

2019/2212(INI)

Motion for a resolution
Recital C a (new)
C a. whereas the rate of adult learning reached 11.1% in the EU in 2018, which remains far behind the 2020 target of 15%, and the rates for Roma are with 70% significantly higher than for other categories of pupils; whereas adult learning is a key instrument for empowering workers to maintain or change their career path;
2020/01/29
Committee: EMPL
Amendment 39 #

2019/2212(INI)

Motion for a resolution
Recital D a (new)
D a. whereas the fiscal challenges for inclusive growth in ageing and diversifying societies require a comprehensive approach based on a mix of public policy solutions in the fields of pensions, social security, long-term care, health systems, social inclusion and work- life balance (OECD 2019);
2020/01/29
Committee: EMPL
Amendment 48 #

2019/2212(INI)

Motion for a resolution
Recital E
E. whereas social dialogue is a central component of the European social model; whereas social dialogue has been weakened and collective bargaining coverage has shrunk across Europe, with huge disparities between Member States; whereas civil dialogue continues to be left behind, thus deepening the gap between citizens and institutions;
2020/01/29
Committee: EMPL
Amendment 70 #

2019/2212(INI)

Motion for a resolution
Recital G
G. whereas more than one European in five is at risk of poverty and social exclusion and 6% of the population lives in severe material deprivation;
2020/01/29
Committee: EMPL
Amendment 77 #

2019/2212(INI)

Motion for a resolution
Recital H
H. whereas countries that were hit hardest by the financial crisis also had to conduct the toughest cuts to potentially growth-enhancing public expenditure; whereas social cuts have detrimental effects on vulnerabledeprived people and hamper economic growthsustainable and inclusive growth, not least by curtailing access to essential services (health, housing, education);
2020/01/29
Committee: EMPL
Amendment 80 #

2019/2212(INI)

Motion for a resolution
Recital H
H. whereas countries that were hit hardest by the financial crisis also had to conduct the toughest cuts to potentially growth-enhancing public expenditure; whereas social cuts have detrimental effects on vulnerabledeprived people and hamper economic growth;
2020/01/29
Committee: EMPL
Amendment 83 #

2019/2212(INI)

Motion for a resolution
Recital I
I. whereas adequate minimum wages and social protection such as minimum incomes are essential to reduce in-work poverty, decrease inequalities and generate demand; whereas homelessness has increased over the last decade in most Member States, 36.7% of poor households face housing cost overburden and one out of seven Europeans lives in a dwelling that has a leaking roof, damp walls, floors or foundation, or rotten window frames or floor.
2020/01/29
Committee: EMPL
Amendment 88 #

2019/2212(INI)

Motion for a resolution
Recital I a (new)
I a. whereas health is an enabler of social and economic participation in daily life, and a key determinant of a person’s wellbeing, happiness and life satisfaction, and while on average people living in the EU are living longer and in better health, a large part of our societies suffers from inequalities in health, strongly linked to income and wealth inequalities, poverty and social exclusion affecting their opportunity to fully engage themselves within the society.
2020/01/29
Committee: EMPL
Amendment 101 #

2019/2212(INI)

Motion for a resolution
Paragraph 1
1. Welcomes the Annual Sustainable Growth Strategy (ASGS) 2020 and the refocusing of the European Semester by including the SDGs and the European Green Deal as the basis of the new European growth model; reiterates the need to put sustainability and social inclusion at the heart of the Union’s economic policy- making, ensuring that social and ecological objectives are treated at the same level as fiscal discipline; calls on the Commission to change the Annual Sustainable Growth Strategy title to “Annual Sustainable Social and Employment Strategy”;
2020/01/29
Committee: EMPL
Amendment 112 #

2019/2212(INI)

Motion for a resolution
Paragraph 1 a (new)
1 a. Stresses that greening the economy and investing in more efficient healthcare systems will enhance Europe’s capacity to improve the well-being of the people living in the EU; notes that short- term fiscal implications of structural reforms and their long-term environmental, economic and social effects should be taken into account;
2020/01/29
Committee: EMPL
Amendment 121 #

2019/2212(INI)

Motion for a resolution
Paragraph 3
3. Welcomes the inclusion of the EPSR in the ASGS 2020; emphasises the central role of the Social Scoreboard in the European Semester; calls on the Commission to reinforce the Scoreboard by integrating further indicators reflecting all 20 principles of the EPSR; references to the principles of the EPSR should refer explicitly to the provisions of the Revised European Social Charter, to which these principles correspond; in order to promote convergence on a single interpretation of the provisions of the EPSR, the references should be accompanied by a recommendation to take into account their interpretation by the European Committee of Social Rights;
2020/01/29
Committee: EMPL
Amendment 128 #

2019/2212(INI)

Motion for a resolution
Paragraph 3 a (new)
3 a. Strongly regrets the absence of reference to the Europe 2020 Strategy for smart, sustainable, and inclusive growth, as well as its headline targets, and the lack of clarity about its successor for the 2020-2030 period;
2020/01/29
Committee: EMPL
Amendment 132 #

2019/2212(INI)

Motion for a resolution
Paragraph 3 b (new)
3 b. Calls on the Commission to give a territorial dimension to the European Semester at both analytical and operational level; considers, furthermore, that in order to ensure the effective management of structural policies, regional and local authorities must be involved in drawing up and taking decisions on these policies by means of a top-down mixed planning process and vice versa;
2020/01/29
Committee: EMPL
Amendment 133 #

2019/2212(INI)

Motion for a resolution
Paragraph 4
4. Is concerned that rates of unemployment and long-term unemployment are still high in some Member States; calls for a new financial instrument to tackle long-term unemployment by providing financial support for measures and projects in regions with above-average long-term unemployment including promotion of employability of young and older workers, and improved access to job opportunities; particular focus should be directed especially towards the sectors of the green economy and social enterprises, capable of producing new sustainable jobs, especially for young people, and to expanding lifelong learning opportunities currently offered by public administrations; these efforts should be combined with the Youth Employment Initiative, which needs the financial backing and support by the EC, Council and European Parliament in the next 7- year funding period;
2020/01/29
Committee: EMPL
Amendment 160 #

2019/2212(INI)

Motion for a resolution
Paragraph 5
5. Is concerned about the limited intergenerational social mobility and increased income inequality compared to pre-crisis levels; calls on the Commission and the Member States to tackle income inequalities and fight discrimination; stresses that tax and benefit systems must be designed in a way to reduce inequalities and promote fairness;
2020/01/29
Committee: EMPL
Amendment 161 #

2019/2212(INI)

Motion for a resolution
Paragraph 5
5. Is concerned about the limited intergenerational social mobility and increased income inequality compared to pre-crisis levels; calls on the Commission and the Member States to tackle income inequalities; stresses that tax and benefit systems must be designed in a way to reduce inequalities, fight discrimination and promote fairness;
2020/01/29
Committee: EMPL
Amendment 166 #

2019/2212(INI)

Motion for a resolution
Paragraph 5 a (new)
5 a. Is concerned about the lack of references to discrimination and racism and to ensuring equality of opportunity and a life in dignity for all groups, including by tackling multiple discriminations in an intersectional approach;
2020/01/29
Committee: EMPL
Amendment 173 #

2019/2212(INI)

Motion for a resolution
Paragraph 6
6. Welcomes the Commission consultation on a European framework for minimum wages; calls for adequate minimum wage levels, above the poverty threshold and allowing for a life in dignity through collective agreements or through law, in line with national traditions while also enhancing the job creation potential of social economy enterprises; calls for a coordinated approach at EU level in order to achieve real wage growth, avoid the downward spiral of unhealthy labour cost competition and increase upward social convergence for all; calls on the Commission and the Member States to strengthen collective bargaining coverage at sectorial level and the involvement of social partners in policy-making, including for the European Semester;
2020/01/29
Committee: EMPL
Amendment 181 #

2019/2212(INI)

Motion for a resolution
Paragraph 6 a (new)
6 a. Underlines the importance of structured and systematic dialogue with civil society at national level with a view to increasing ownership; believes that the Commission should gather input from a broad range of stakeholders and ensure more publicity around the country- specific recommendations (CSRs) and country reports, including through more discussions at a higher political level;
2020/01/29
Committee: EMPL
Amendment 186 #

2019/2212(INI)

Motion for a resolution
Paragraph 6 b (new)
6 b. Calls for structured involvement and greater involvement of social, health and environment ministers within the European Semester process at Council level;
2020/01/29
Committee: EMPL
Amendment 187 #

2019/2212(INI)

Motion for a resolution
Paragraph 6 c (new)
6 c. Welcomes the preparation of a European action plan on the implementation of the EPSR and calls on the European Commission to develop clear targets along the 20 principles to be reached by 2030;
2020/01/29
Committee: EMPL
Amendment 188 #

2019/2212(INI)

Motion for a resolution
Paragraph 7
7. Reiterates its concern about the high number of persons at risk of poverty and social exclusion; is especially worried about high rates of child poverty and in- work poverty; calls on the Commission to present a comprehensive and rights-based European anti- poverty strategy including a Framework Directive on Minimum Income and establish a European Child Guarantee with adequate funding and well- designed inclusive support services based on integrated active inclusion, combining the implementation of fundamental social rights, high-quality services and decent jobs, and shaped together with the community; calls to launch as well a new Roma Inclusion Strategy with concrete objectives, monitored through the European Semester, and placing antigypsyism at its core;
2020/01/29
Committee: EMPL
Amendment 203 #

2019/2212(INI)

Motion for a resolution
Paragraph 7 b (new)
7 b. Calls on the European Commission to tackle demographic challenges through common guidelines based on values of gender equality, non- discrimination and intergenerational solidarity, which can be operationalised nationally in the Country-Specific Recommendations taking into account national culture and social policy differences;
2020/01/29
Committee: EMPL
Amendment 211 #

2019/2212(INI)

Motion for a resolution
Paragraph 8
8. Calls on the Commission to present a framework directive on decent minimum income schemes in order to provide a social protection floor, a safety net to guarantee a decent life for all citizens;
2020/01/29
Committee: EMPL
Amendment 216 #

2019/2212(INI)

Motion for a resolution
Paragraph 8 a (new)
8 a. Reiterates its concern about levels of homelessness and housing exclusion; calls for strengthened monitoring and recommendations on this within the Semester; calls on the Commission and the Member States to take urgent action to deliver progress on priority 19 of the European Pillar of Social Rights;
2020/01/29
Committee: EMPL
Amendment 222 #

2019/2212(INI)

Motion for a resolution
Paragraph 9
9. Calls for an integrated response to tackle the lack of affordable housing, poor housing conditions, non-accessible housing, housing exclusion and homelessness to stop investing into segregated residential institutions and to perform prompt deinstitutionalisation of persons with disabilities and to ban forced evictions;
2020/01/29
Committee: EMPL
Amendment 223 #

2019/2212(INI)

Motion for a resolution
Paragraph 9
9. Calls for an integrated response to tackle the lack of affordable housing, poor housing conditions, non-accessible housing, housing exclusion and homelessness, to stop investing into segregated residential institutions and to perform prompt deinstitutionalisation of persons with disabilities;
2020/01/29
Committee: EMPL
Amendment 228 #

2019/2212(INI)

Motion for a resolution
Paragraph 9 a (new)
9 a. Calls on the Commission to propose an EU Framework Strategy for National Homelessness strategies, and calls on all the Member States to prepare their Homelessness Strategies featuring both proactive and reactive measures, adopting the Housing First principle and prioritising the provision of permanent housing to homeless people, proposing ways to tackle energy poverty, stopping evictions and stopping the criminalisation of homelessness;
2020/01/29
Committee: EMPL
Amendment 233 #

2019/2212(INI)

Motion for a resolution
Paragraph 10
10. Is concerned about the stagnating share of early school leavers and the increasing share of underperforming pupils; calls on the Member States to improve their education systempupils not fully exploiting their potential; calls on the Member States to improve the quality, accessibility and inclusiveness of their education systems in a lifelong learning perspective, including through adequate funding and greater possibilities to move across and progress on different education and training paths; stresses that educational outcomes are alsoheavily negatively affected by social exclusion, discrimination, poverty and segregation, expectations based on gender and ethnic stereotypes which equally must be addressed;
2020/01/29
Committee: EMPL
Amendment 241 #

2019/2212(INI)

Motion for a resolution
Paragraph 10 a (new)
10 a. Stresses that gaps in basic numeracy, literacy and digital skills are severe impediments to meaningful participation in society and the labour market, which risks deepening current socio-economic inequalities; calls, in that respect, on Member States to strengthen provisions for accessible, inclusive, flexible and high-quality basic skills training, with tailored support for and active outreach to the most marginalised groups in society; points out that this depends on long-term strategic collaboration between training providers, civil society organisations, regional and local authorities, public employment services and social services;
2020/01/29
Committee: EMPL
Amendment 249 #

2019/2212(INI)

Motion for a resolution
Paragraph 10 b (new)
10 b. Calls on the Commission to update and strengthen its guidance to Member States in establishing effective arrangements for the validation of competences acquired through non- formal and informal learning, in close cooperation with stakeholders affected by these processes; stresses that giving value and visibility to all competences, including non-cognitive or “soft” skills, regardless of where they are acquired acts as an effective enabler of participation in society and the labour market, particularly for people with a low level of formal education;
2020/01/29
Committee: EMPL
Amendment 252 #

2019/2212(INI)

Motion for a resolution
Paragraph 10 c (new)
10 c. Welcomes the fact that in the area of healthcare the European Semester process shifted the focus from cost-saving to health system performance, recognising the importance of health outcomes and access to high-quality healthcare that is affordable to all; calls for the development of common indicators and methodologies to assess the performance of healthcare systems with the aim of reducing health inequalities; supports the efforts to develop common indicators and methodologies to enable the assessment of national healthcare systems’ performance, including inequalities and gaps in access to healthcare;
2020/01/29
Committee: EMPL
Amendment 260 #

2019/2212(INI)

Motion for a resolution
Paragraph 11
11. Calls on the Commission and the Member States to improve work-life balance and gender equality and to ensure equal pay for equal work at the same place; calls for more efforts to close the gender pay and pensions gaps, and to tackle disincentives for women to work; calls for accessible and affordablfree quality childcare and early education services, as well as care services for those reliant on care, including persons with disabilities and the elderly;
2020/01/29
Committee: EMPL
Amendment 282 #

2019/2212(INI)

Motion for a resolution
Paragraph 12 a (new)
12 a. Calls on the Commission to strengthen the implementation of anti- discrimination legislation, policy, and practice, in order to effectively counter discrimination on all grounds, including antigypsyism;
2020/01/29
Committee: EMPL
Amendment 289 #

2019/2212(INI)

Motion for a resolution
Paragraph 13
13. Calls on the Commission and the Member States to step up efforts towards the further inclusion of people with disabilities in the open labour market by removing barriersprohibiting discrimination against them, removing barriers, ensuring that reasonable accommodation is provided to persons with disabilities in the workplace and creating incentives towards employers for their employment;
2020/01/29
Committee: EMPL
Amendment 290 #

2019/2212(INI)

Motion for a resolution
Paragraph 13
13. Calls on the Commission and the Member States to step up efforts towards the further inclusion of people with disabilities in the open labour market by removing barriersprohibiting discrimination against them, removing barriers ensuring that reasonable accommodation is provided to persons with disabilities in the workplace and creating incentives for their employment;
2020/01/29
Committee: EMPL
Amendment 299 #

2019/2212(INI)

Motion for a resolution
Paragraph 14
14. Rejects any reduction in the level of cohesion policy funding; opposes, in this context, the proposal to reduce funding for the European Social Fund Plus despite its enlarged scope; stresses the need for greater alignment of the European Semester with social and cohesion funding and the social policy objectives of the Union;
2020/01/29
Committee: EMPL
Amendment 332 #

2019/2212(INI)

Motion for a resolution
Paragraph 16
16. Stresses that decisive support is needed for society, workers and businesses to face the challenges of climate change and the transition to carbon neutrality; calls on the Commission and the Member States to ensure adequate and equitable social and environmental investment for a true ‘just transition’, the implementation of the EPSR and the achievement of the SDGs, by exempting social spending from the euro area fiscal rules and thereby allowing more investment in human capital, skills and health;
2020/01/29
Committee: EMPL
Amendment 347 #

2019/2212(INI)

Motion for a resolution
Paragraph 18
18. Reiterates that the rule of law, including independent and efficient justice systems, as well as quality public administrations and public procurement and robust anti-corruption frameworks, are the basis for a sound business environment, functioning labour markets and the proper use of EU funds, and should thus continue to be included in the European Semester; in that sense, calls on the Member States to ratify the Revised European Social Charter and on the Commission to support Member States in the process of accepting and respecting all its provisions; the EU Court of Justice should align the status of the European Social Charter with that of other international human rights instruments ratified by all EU Member States;
2020/01/29
Committee: EMPL
Amendment 11 #

2019/2187(INI)

Motion for a resolution
Citation 33 a (new)
- having regard to Recommendation CM/Rec(2010)5 of the Committee of Ministers of the Council of Europe to member states on measures to combat discrimination on grounds of sexual orientation or gender identity, in particular Title VIII (Housing);1a __________________ 1a https://search.coe.int/cm/Pages/result_det ails.aspx?ObjectID=09000016805cf40a
2020/09/09
Committee: EMPL
Amendment 60 #

2019/2187(INI)

Motion for a resolution
Recital E
E. whereas there is a shortage of social, affordable and accessible housing; whereas housing affordability has to be seen in its overall relation to income patterns and developments, distributional justice and excessive rises in housing costs and has a clear gender dimension;
2020/09/09
Committee: EMPL
Amendment 87 #

2019/2187(INI)

Motion for a resolution
Recital F c (new)
Fc. whereas the access to decent and affordable housing is harder for women, the youth and people in more vulnerable situations such as young unemployed couples, single parents, large families, the elderly, LGBTI persons, migrants, refugees, persons with disabilities, people with physical or psychiatric illnesses, people from marginalised communities including Roma ;
2020/09/09
Committee: EMPL
Amendment 97 #

2019/2187(INI)

Motion for a resolution
Recital G a (new)
Ga. whereas the Commission has announced an upcoming LGBTI Equality Strategy to be adopted by Q4 2020;
2020/09/09
Committee: EMPL
Amendment 102 #

2019/2187(INI)

Motion for a resolution
Recital G c (new)
Gc. whereas the European Commission study on legal gender recognition in the EU highlights discrimination against trans and gender non-conforming persons in access to the housing market, including losing homes due to the divorce requirement of some gender recognition processes in the EU, and that access to legal gender recognition increases trans person’s likelihood of finding housing in cases where their documents match their gender expression;
2020/09/09
Committee: EMPL
Amendment 106 #

2019/2187(INI)

Motion for a resolution
Recital G d (new)
Gd. whereas the Committee of Ministers of the Council of Europe recommended to Member States in CM/Rec(2010)5 that measures should be taken to ensure that access to adequate housing can be effectively and equally enjoyed by all persons, without discrimination on grounds of sexual orientation or gender identity; whereas it recommended additionally that appropriate attention should be paid to the risks of homelessness experienced by LGBTI persons, including young persons and children who may be particularly vulnerable to social exclusion, including from their own families;
2020/09/09
Committee: EMPL
Amendment 182 #

2019/2187(INI)

Motion for a resolution
Paragraph 4 a (new)
4a. Calls on the Commission to specifically address LGBTI homelessness in its upcoming LGBTI Equality Strategy, particularly regarding youth, to create tools for enhanced data collection, to foster research across the EU and to facilitate the exchange of approaches to tackle the problem of LGBTI people experiencing homelessness between member states;
2020/09/09
Committee: EMPL
Amendment 197 #

2019/2187(INI)

Motion for a resolution
Paragraph 6 a (new)
6a. Emphasises that women’s homelessness is often less visible and needs to be specifically addressed; calls on the Commission and Member States to develop a gendered approach in their homelessness strategies in order to support women experiencing homelessness, who have often suffered from complex trauma and face re- traumatisation, such as domestic violence and abuse, separation from their children, stigmatisation and lack of safe and secure spaces;
2020/09/09
Committee: EMPL
Amendment 309 #

2019/2187(INI)

Motion for a resolution
Paragraph 15 a (new)
15a. Stresses that transparency on real estate ownership and transactions is vital to prevent distortions in the housing market and to prevent money laundering and tax evasion in this sector; Reiterates the obligation in the anti-money laundering Directive for the Commission to report by 31 December 2020 on the need to harmonise information on real estate ownership and on the inter- connection of these national registers;
2020/09/09
Committee: EMPL
Amendment 310 #

2019/2187(INI)

Motion for a resolution
Paragraph 15 b (new)
15b. Calls on the European Commission and the Member States to better protect mortgage borrowers against evictions; calls on the European Commission and the Member States to strengthen existing or, as the case may be, adopt new binding conduct rules for creditors, credit servicers and credit purchasers to avoid misleading practices, harassment and violation of consumer’s rights, at least as far as mortgage loans are concerned; such rules should particularly specify requirements for reasonable and viable forbearance measures in addition to those provided for in Article 28of Directive 2014/17/EU; invites the Commission to put forward a legislative proposal on a minimum loan to value ratio in the market for mortgage credit; calls on the Commission to consider the impact on housing markets when proposing rules on securitisation;
2020/09/09
Committee: EMPL
Amendment 45 #

2019/2169(INI)

Draft opinion
Paragraph -1 a (new)
-1a. Recalls that discrimination on grounds of gender remains widespread and common, and not only damages the individual but also society as a whole; calls therefore on the Commission to step up its actions, beyond the Strategy, to set itself hard targets and present up-to-date or updated legislation and provide sufficient funding to combat discrimination on grounds of gender;
2020/05/26
Committee: EMPL
Amendment 47 #

2019/2169(INI)

Draft opinion
Paragraph -1 b (new)
-1b. Recalls that the world of work remains unequal as regards income, career perspectives, feminized sectors, access to social protection, education and training; recalls that all these dimensions have to be addressed to achieve gender equality;
2020/05/26
Committee: EMPL
Amendment 48 #

2019/2169(INI)

Draft opinion
Paragraph -1 a (new)
-1a. Recalls the need to combat multi- layered discrimination, especially of vulnerable groups such as women with disabilities, black women and women of colour, migrant and ethnic-minority women, older women and LGBTIQ+ people;
2020/05/26
Committee: EMPL
Amendment 60 #

2019/2169(INI)

Draft opinion
Paragraph 1
1. Calls on the Commission to amend Directive 2006/54/EC by including a binding definition of ‘work of equal value’ across all occupational sectors which incorporates the gender perspective; calls on the Commission to present within the next year a revision of Directive 2006/54/EC; such revision should include a binding definition of "work of equal value" across all occupational sectors which incorporates the gender perspective, a reference to multiple forms of discrimination, additional measures to ensure the enforceability of the directive by imposing more effective sanctions as well as the prohibition of any discrimination based on sexual orientation and gender identity or gender reassignment; remove the outdated restrictions in material scope regarding Occupational Social Security schemes; include reference for Member States to comply with obligations of international and human rights law instruments that they have ratified such as UN Treaties and ILO Conventions; strengthen and update the procedural rights;
2020/05/26
Committee: EMPL
Amendment 75 #

2019/2169(INI)

Draft opinion
Paragraph 2
2. Reiterates its call on the Commission to present a legal instrumentislation on gender pay transparency as soon as possible;
2020/05/26
Committee: EMPL
Amendment 97 #

2019/2169(INI)

Draft opinion
Paragraph 3
3. Calls on the Commission and the Member States to address the feminisation of poverty in all its forms, particularly by factoring gender into pension entitlements in order to eliminate the gender pension gap, and by improving working conditions in feminised sectors such as the education, services, cleaning and care sectors; points out the importance of addressing the cultural undervaluation of jobs dominated by women and the overrepresentation of women in atypical forms of work; emphasises the need to strengthen collective bargaining in order to foster stable and quality employmentfor gender-sensitive recruitment and selection processes across private and public sectors and particularly in those such as STEM where women are underrepresented; emphasizes the need to strengthen collective bargaining in order to foster stable and quality employment for all; calls on the Commission and the Council to swiftly adopt the long-awaited Women on boards directive in order to address the considerable imbalance between women and men in economic decision making at the highest level;
2020/05/26
Committee: EMPL
Amendment 113 #

2019/2169(INI)

Draft opinion
Paragraph 3 a (new)
3a. Reminds that funding has a strong gender component; regrets the lack of gender budgeting in the new MFF and Structural Funds; calls on the Commission to further promote and improve the use of Gender Budgeting;
2020/05/26
Committee: EMPL
Amendment 125 #

2019/2169(INI)

Draft opinion
Paragraph 4
4. Calls on the Commission to put forward a Care Deal for Europe to cover all care needs throughout the lifecycle; calls on the Member States to ratify ILO Convention No. 189 on domestic workers and to fully implement and go beyond the Barcelona care targets, ensuring the coverage of those needs through quality universal public care services; urges Member States to swiftly and fully implement the Work-Life Balance Directive1, and invites them to go beyond the Directive’s minimum standards; and introduce measures, such as paid leaves, flexible working arrangements and care and support services which are adapted to the specific challenges and needs of parents and/or family members taking care of persons with disabilities, long- term illnesses or their elderly or; as well as the introduction of more ambitious measures to promote men’s equal role as carers; __________________ 1 OJ L 188, 12.7.2019, p. 79.
2020/05/26
Committee: EMPL
Amendment 144 #

2019/2169(INI)

Draft opinion
Paragraph 5
5. Is deeply worried about violence and harassment in the world of worktowards women; stresses that comprehensive sexuality education and trainings on gender equality are key tools to combat gender-based violence; calls on the Commission to propose a directive on a holistic approach to combatting violence against women; calls on Member States to ratify and implement the Istanbul Convention and ILO Convention No 190 on violence and harassment; reiterates that Gender Equality is Goal 5 of the 2030 Agenda for Sustainable Development and calls on Member States to steer all possible resources into contributing to its achievement within fields of employment and social affairs;
2020/05/26
Committee: EMPL
Amendment 178 #

2019/2169(INI)

Draft opinion
Paragraph 6 a (new)
6a. Stresses that gender equality must be put at the centre of the European Green Deal in order to truly achieve a just transition that leaves no one behind; calls on the Commission to ensure gender mainstreaming and gender-responsive energy and climate action by implementing systematic gender impact assessment and by allocating specific funds for gender equality in relevant climate actions and policies of the Green New Deal;
2020/05/26
Committee: EMPL
Amendment 184 #

2019/2169(INI)

Draft opinion
Paragraph 6 a (new)
6a. Calls for the introduction of a gender pillar and an overarching gender equality objective in the successor of the Europe 2020 strategy and to incorporate gender specific targets and indicators in the country-specific challenges identified in the Social scoreboard;
2020/05/26
Committee: EMPL
Amendment 191 #

2019/2169(INI)

Draft opinion
Paragraph 6 b (new)
6b. Calls for specific guidelines and recommendations to Member States to integrate the gender perspective in taxation polices - including that they carry out gender audits of fiscal policies in order to eliminate tax-related gender biases - and to ensure that no new tax, spending laws, programmes or practices that increase market or after-tax income gender gaps or that reinforce the male breadwinner model are established;
2020/05/26
Committee: EMPL
Amendment 198 #

2019/2169(INI)

Draft opinion
Paragraph 6 c (new)
6c. Calls on the Commission to propose an EU Framework for National Homelessness Strategies and the Member States to prepare their National Homelessness Strategies featuring both preventive and reactive measures with a gendered approach in order to support women experiencing homelessness, who often suffered from complex trauma and face re-traumatisation, such as domestic violence and abuse, separation from their children, stigmatisation, lack of safe and secure spaces, etc.;
2020/05/26
Committee: EMPL
Amendment 203 #

2019/2169(INI)

Draft opinion
Paragraph 6 g (new)
6g. Recognises the key role of NGOs and women’s rights organisations fighting against gender inequality, discrimination and violence against women; calls on the Commission to ensure and strengthen protection the participation and active involvement of civil society organizations by pushing for funding instruments to provide funding for human rights defenders and civil society organizations working to counter backlash and regression on gender equality and to advance women’s sexual and reproductive health and rights, both within the EU and across the world;
2020/05/26
Committee: EMPL
Amendment 205 #

2019/2169(INI)

Draft opinion
Paragraph 6 i (new)
6i. Welcomes the Commissions ambitions to obtain gender balance, and hopes to see a clear commitment to effectively implement Gender Impact assessments of all policies and programmes in all policy and programmes of the European Commission and other EU agencies and institutions, and to regularly report on functioning of the Gender Mainstreaming Task;
2020/05/26
Committee: EMPL
Amendment 7 #

2019/2055(DEC)

Draft opinion
Paragraph 5
5. Notes with concernIs highly concerned about the increase of the estimated level of error in the policy area ‘Economic, social and territorial cohesion’ at 5.0 %, which is largely above the 2 % materiality threshold; calls for urgent action to decrease the error rate in the future, and especially for the new funding period;
2019/12/16
Committee: EMPL
Amendment 13 #

2019/2055(DEC)

Draft opinion
Paragraph 9 a (new)
9 a. Takes note that the ECA found the estimated level of error in high-risk expenditure, such as cost reimbursements, to be 4.5 %; recalls that Heading 1B (economic, social and territorial cohesion, including ESF) is dominated by reimbursements and thus high-risk expenditure, and that it was the single biggest contributor to the estimated level of error for high-risk expenditure in 2018 (at 43,0 % of all errors); calls urgently for the use of simplified cost options in order to reduce the error rate;
2019/12/16
Committee: EMPL
Amendment 27 #

2019/2055(DEC)

Draft opinion
Paragraph 12 a (new)
12 a. Highlights the need for more stringent public procurement verification during the entire financing cycle;
2019/12/16
Committee: EMPL
Amendment 1 #

2019/0000(INI)

Motion for a resolution
Citation 2
– having regard to Articles 9, 145, 148, 149, 151, 152, 153, 154, 155, 156, 158, 165, 166, 174 and 349 of the Treaty on the Functioning of the European Union (TFEU),
2019/09/16
Committee: EMPL
Amendment 5 #

2019/0000(INI)

Motion for a resolution
Citation 19 a (new)
– having regard to the Proposal for a Council Recommendation of 13 March 2018 on access to social protection for workers and the self-employed (COM(2018)0132),
2019/09/16
Committee: EMPL
Amendment 6 #

2019/0000(INI)

Motion for a resolution
Citation 19 b (new)
– having regard to the Commission communication of 5 April 2011 entitled ‘An EU Framework for Roma integration strategies up to 2020’ (COM(2011)0173) and to the subsequent implementation and evaluation reports,
2019/09/16
Committee: EMPL
Amendment 7 #

2019/0000(INI)

Motion for a resolution
Citation 19 c (new)
– having regard to Directive (EU) 2019/1158 of the European Parliament and of the Council of 20 June 2019 on work-life balance for parents and carers and repealing Council Directive 2010/18/EU,
2019/09/16
Committee: EMPL
Amendment 9 #

2019/0000(INI)

Motion for a resolution
Citation 46 a (new)
– having regard to its resolution of 8 March 2011 on reducing health inequalities in the EU (2010/2089(INI)),
2019/09/16
Committee: EMPL
Amendment 10 #

2019/0000(INI)

Motion for a resolution
Citation 47 b (new)
– having regard to the Equal Treatment Directive 2006/54/EC and Article 141 of the Treaty establishing the European Community (1992) on the principle of equal pay for equal work or work of equal value,
2019/09/16
Committee: EMPL
Amendment 11 #

2019/0000(INI)

Motion for a resolution
Citation 47 c (new)
– having regard to the Commission’s Strategic Engagement for Gender Equality 2016-2019 on reducing the gender pension gap as a key priority and to the Commission’s 2018 Pension Adequacy Report,
2019/09/16
Committee: EMPL
Amendment 12 #

2019/0000(INI)

Motion for a resolution
Citation 47 d (new)
– having regard to the EU Youth Strategy for 2019-2027, based on the Council Resolution of 26 November 2018, and to the Europe 2020 target of reducing early leaving from education and training to less than 10%,
2019/09/16
Committee: EMPL
Amendment 22 #

2019/0000(INI)

Motion for a resolution
Recital A
A. whereas labour market conditions in the EU keepcontinue to improvinge; whereas the employment rate continued to increase and reached 73.5 % in the last quarter of 2018, with 240.7 million people in work, a new record level; whereas disparities in employment rates persist between the Member States; whereas the pace of growth of the employment rate has slowed down and whereas this trend is expected to continue; whereas, if these dynamics continue, the employment rate will reach 74.3 % in 2020;
2019/09/16
Committee: EMPL
Amendment 24 #

2019/0000(INI)

Aa. whereas long-term challenges, such as population ageing, digitalisation and its impacts on work, climate change and unsustainable use of natural resources remain pressing;
2019/09/16
Committee: EMPL
Amendment 30 #

2019/0000(INI)

Motion for a resolution
Recital C
C. whereas the employment gender gap was 11.6 percentage points in 2018; whereas it has not improved substantially in recent years; whereas across the EU women earn on average 16% less than men, although varying significantly across Member States; whereas the gender pensions gap is around 37.2% for the pensioners aged 65-79 in the EU-28; whereas the unequal sharing of caring responsibilities between women and men is still present across the EU;
2019/09/16
Committee: EMPL
Amendment 41 #

2019/0000(INI)

Motion for a resolution
Recital E
E. whereas the unemployment rate in the euro area fell for all age groups and for both men and women; whereas large differences in rates remain between and within Member States; whereas youth unemployment remains very high; whereas long-term unemployment, while in decline, remains high; _________________________ especially for the youth; whereas unemployment remains particularly high for persons with disabilities1; ____________________________ 1 On average, only 48.1% of persons with disabilities are in employment, compared to 73.9% among the general population. EU SILC 2016. Available at: https://www.disability- europe.net/theme/eu2020
2019/09/16
Committee: EMPL
Amendment 48 #

2019/0000(INI)

Motion for a resolution
Recital F
F. whereas horizontal and vertical labour market segmentation as well as in- work poverty persists and affects, in particular, women, low-skilled, young and older people, people with disabilities, national, linguistic, ethnic and sexual minorities and people with migrant backgrounds;
2019/09/16
Committee: EMPL
Amendment 49 #

2019/0000(INI)

Motion for a resolution
Recital F a (new)
F a. whereas long-term unemployment disproportionately affects young people, single parents, informal carers, people with long-term sickness, disability or health problems, migrants and people from ethnic and religious minorities who continue facing specific barriers to accessing employment and discrimination at all stages of employment;
2019/09/16
Committee: EMPL
Amendment 51 #

2019/0000(INI)

Motion for a resolution
Recital F c (new)
F c. whereas obstacles to access social protection for non-standard workers and self-employed are able to hamper the well- being of the workforce and the functioning of labour markets;
2019/09/16
Committee: EMPL
Amendment 52 #

2019/0000(INI)

Motion for a resolution
Recital F d (new)
F d. whereas quality employment is an important factor in the fight against poverty and social exclusion; whereas there is a need to reach all members of society who are furthest from the labour market and at risk of poverty and social exclusion;
2019/09/16
Committee: EMPL
Amendment 60 #

2019/0000(INI)

Motion for a resolution
Recital G d (new)
G d. whereas as new forms of work emerged, including platform and own- account work, social protection traditionally geared to covering workers in full-time open-ended contracts needs to be adapted;
2019/09/16
Committee: EMPL
Amendment 61 #

2019/0000(INI)

Motion for a resolution
Recital G e (new)
G e. whereas universal access to quality and affordable housing and healthcare is a basic societal need;
2019/09/16
Committee: EMPL
Amendment 65 #

2019/0000(INI)

Motion for a resolution
Recital H
H. whereas, in general, the social situation continues to slowly improve; whereas poverty and the risk of poverty, and gaps in coverage of social protection systems and access to services, persist; whereas child poverty and the risk of poverty for children remains persistently high;
2019/09/16
Committee: EMPL
Amendment 72 #

2019/0000(INI)

Motion for a resolution
Recital I
I. whereas in 2017 the per capita gross disposable household income exceeded the pre-crisis level in the euro area; whereas this was not the case in all Member States; whereas household incomes have grown more slowly than GDP and this raises questions about the inclusiveness of recent growth;
2019/09/16
Committee: EMPL
Amendment 80 #

2019/0000(INI)

Motion for a resolution
Recital I h (new)
I h. whereas a well-functioning social dialogue is a key element of the European social market economy which strengthens social cohesion and reduces conflicts in society, to the mutual benefit of workers, employers and governments; whereas social dialogue and collective bargaining are key to design and implement policies which are able to improve working conditions and terms of employment;
2019/09/16
Committee: EMPL
Amendment 81 #

2019/0000(INI)

Motion for a resolution
Recital I i (new)
I i. Whereas civil society organisations make an essential contribution in providing services for inclusion as well as representing their views in policymaking;
2019/09/16
Committee: EMPL
Amendment 82 #

2019/0000(INI)

Motion for a resolution
Paragraph -1 (new)
-1. Emphasises that the EU’s social goals and commitments are just as important as its economic goals; calls on the Commission and the Member States to reinforce social rights by implementing the EPSR in such a way as to build a real social dimension for the EU (through legislation, policy-making mechanisms and financial instruments provided at the appropriate level); therefore stresses that the Member States’ reforms, as advocated by the Commission through the CSRs should aim at transformative actions towards a socially just and environmentally sustainable union and in line with our international climate commitments; in this context, calls on the Commission to ensure policy coherence between the CRSs and the implementation of the EPSR calls on the Commission to ensure that there is coherence between any social and economic CSRs and that CSRs reinforce rather than contradict each other for example, investment in health and social care should not be contradicted by growth orientated CSRs;
2019/09/16
Committee: EMPL
Amendment 87 #

2019/0000(INI)

Motion for a resolution
Paragraph 1
1. Notes that while the economic conditions in the EU are currently favourable and overall employment is steadily growing, there is still a need for improvement in terms of youth unemployment, labour market segmentation and inequalities, inclusion of vulnerable groups in the labour market, in-work poverty and productivity;
2019/09/16
Committee: EMPL
Amendment 89 #

2019/0000(INI)

Motion for a resolution
Paragraph 1 b (new)
1 b. Believes that the current economic growth should translate into frontloading of investment into decarbonisation of Europe’s industry, transport and energy systems; therefore calls on the Commission and the Member States to increase efforts to provide adequate and assessable training for the right set of skills including support to businesses in training, re-training, and up-skilling of workforce; re-adaptation of education and training systems;
2019/09/16
Committee: EMPL
Amendment 113 #

2019/0000(INI)

Motion for a resolution
Paragraph 4
4. Underlines the need for well- designed labour marketcross-sectoral policies and reforms that create quality employment by creating measures to improve job security, ensure adequate minimum wages - as applicable in the Member States - and fair remuneration, protect and promote the health and wellbeing of employees, promote equal opportunities and the equal treatment of workers, facilitate equal access to the labour market and social protection, facilitate labour mobility, reintegrate the unemployed and tackle inequalities and gender imbalances;
2019/09/16
Committee: EMPL
Amendment 117 #

2019/0000(INI)

Motion for a resolution
Paragraph 4 b (new)
4 b. Underlines the need for special attention for non-standard workers and self-employed; calls on the Commission and all Member States to strengthen the regulation of new forms of work in particular to ensure full coverage of atypical workers and self-employed workers, who often do not have full access to the social protection system and to basic workers’ rights such as paid leave, or paid holiday;
2019/09/16
Committee: EMPL
Amendment 127 #

2019/0000(INI)

Motion for a resolution
Paragraph 6
6. Points out the need to fight ageism in labour markets and discrimination against ethnic origins groups, including by raising awareness of Council Directive 2000/78/EC establishing a general framework for equal treatment in employment and occupation, and by securing access to life-long learning opportunities and by combatting the ethnic pay and pension gap;
2019/09/16
Committee: EMPL
Amendment 140 #

2019/0000(INI)

Motion for a resolution
Paragraph 7
7. Calls on the Commission and the Member States to step up efforts for the further labour market inclusion of groups who are furthest away from the labour market, such as single parents, informal carers, people with long-term sickness, disability, health problems or complex chronic diseases, migrants and refugees and people from ethnic and religious minorities as well as their better integration into society; in particular calls on the Commission and the Member States to step up efforts for the further inclusion of people with disabilities in the labour market, by removing legislative barriers to creating incentives for their employment and ensuring the accessibility of workplaces;
2019/09/16
Committee: EMPL
Amendment 146 #

2019/0000(INI)

Motion for a resolution
Paragraph 7 f (new)
7 f. Notes the importance of and growing demand for guidance services in the context of rapidly changing societies and labour markets; emphasises, in that regard, the need for high-quality and inclusive lifelong guidance in order to support people in navigating multiple transitions within and across education, training and employment paths, as well as the lifelong development of career management skills;
2019/09/16
Committee: EMPL
Amendment 154 #

2019/0000(INI)

Motion for a resolution
Paragraph 8
8. Stresses that a transformation of the education and training systems is necessary in order to make full use of the opportunities offered by information and communication technologies and the media and to develop the skills and competences required to meet the demands of the labour market of the future; considers that skills shortages and mismatches can be major investment obstaclesaddress the economic, social and ecological challenges of today and tomorrow, including ‘soft’ skills; considers that skills shortages and mismatches can be major investment obstacles; stresses that effective and equitable digital transformation of services should be ensured and none should be left behind; emphasises that digital literacy programmes should address issues of privacy, and data protection; emphasises that in order to acquire adequate skills it is necessary to improve the quality, availability, affordability and accessibility of education and training, including vocational training, and improve the mutual recognition of qualifications; calls on Members States to follow a twin strategy of making mainstream education inclusive and providing targeted programmes towards the most vulnerable; calls on the Member States to prioritise comprehensive training in digital and entrepreneurial skills, taking into account the shift towards the digital economy and to a greener economy; believes that the challenges of climate change and the transition to a greener economy demand support to help workers to adapt, especially in the most affected regions;
2019/09/16
Committee: EMPL
Amendment 160 #

2019/0000(INI)

Motion for a resolution
Paragraph 8 c (new)
8 c. Expresses concern about the consistently high number of people in Europe lacking basic numeracy and literacy skills as these are a fundamental requirement for active participation in society and the labour market; calls on the Member States to take robust measures to enhance basic skills training provisions, particularly for the most marginalised groups in society; underlines the importance of robust arrangements for the validation of non- formal and informal learning in order to guarantee the maximum currency for skills and competences and promote flexibility between different education and training paths;
2019/09/16
Committee: EMPL
Amendment 162 #

2019/0000(INI)

Motion for a resolution
Paragraph 8 e (new)
8 e. Believes that the challenges of climate change and the transition to a greener economy demand support to help our societies and workers to adapt;
2019/09/16
Committee: EMPL
Amendment 167 #

2019/0000(INI)

Motion for a resolution
Paragraph 9
9. Calls on the Commission to provide incentives and maintain technical assistance to young people to set up their businesses and to propose measures to promote entrepreneurship via EntreComp, including through school curriculums in the Member States;
2019/09/16
Committee: EMPL
Amendment 178 #

2019/0000(INI)

Motion for a resolution
Paragraph 10
10. Emphasises that the Union’s social and economic goals should have equal priority; calls on the Commission and the Member States to reinforce social rights by deliverlegislating the European Pillar of Social Rights and implementing the social aspects of the Country Specific Recommendations;
2019/09/16
Committee: EMPL
Amendment 193 #

2019/0000(INI)

Motion for a resolution
Paragraph 11
11. Notes that the social situation continues to improve and that poverty is in decline, but that it still remains unacceptably high; stresses that while the number of people at risk of poverty or social exclusion (AROPE) in the EU continued to decrease in 2017, some 113 million people in the EU and 74 million in the euro area were AROPE in 2017; urges the Commission and the Member States to take the necessary steps to reduce poverty, including child and in-work poverty, in order to achieve the Europe 2020 goal; emphasises that decent job creation, access to adequate social protection regardless of employment relationship or contract type, wage growth and well-resourced, quality public services, including education systems have a significant impact on reducing inequalities, the risk of poverty and social exclusion and improvement of people health and wellbeing; calls on Member States to develop actions and strategies in line with the European Pillar of Social Rights to address the social needs of those for whom the labour market is inaccessible e.g. those facing extreme deprivation such as the homeless, children and young people and those with chronic physical and mental health conditions;
2019/09/16
Committee: EMPL
Amendment 204 #

2019/0000(INI)

Motion for a resolution
Paragraph 11 i (new)
11 i. Notes that social and health care services are essential to support the fight against poverty and social exclusion and calls on the Commission and Member States to provide investment and fiscal space to develop these services to be affordable, accessible and of high quality; cautions that in the absence of continued pubic investment in health and care policies, life expectancy could reverse in the years to come; calls on the Member States to invest in care services throughout the life cycle, to continue to pursue with the aim of reaching the 2002 Barcelona child care targets and to develop care targets for the elderly and dependent persons;
2019/09/16
Committee: EMPL
Amendment 205 #

2019/0000(INI)

Motion for a resolution
Paragraph 11 j (new)
11 j. Calls upon the Commission and Member States to make better use of the Semester to monitor and support progress on housing affordability and homelessness; Calls on the Commission to propose a European Framework for Social and Affordable housing for the efficient coordination of Member State policies;
2019/09/16
Committee: EMPL
Amendment 207 #

2019/0000(INI)

Motion for a resolution
Paragraph 11 l (new)
11 l. Stresses the need for the meaningful participation of civil society in all stages of the European Semester process in order to ensure that the real needs and concerns of citizens are reflected in the Country Reports and CSRs;
2019/09/16
Committee: EMPL
Amendment 97 #

2018/0213(COD)

Proposal for a regulation
Article 4 – paragraph 1 – point a
(a) to contribute to addressing national reform challenges of a structural nature aimed at improving the performance of the national economies and at promoting resilient economic and social structures in the Member States, thereby contributing to cohesion, competitiveness, productivity, growth and employment as well as the implementation of the European Pillar of Social Rights and the fulfilment of obligations under the Paris Agreement; and
2020/02/20
Committee: EMPL
Amendment 103 #

2018/0213(COD)

Proposal for a regulation
Article 6 – paragraph 1 – point c
(c) business environment, including for small and medium-sized enterprises, re- industrialisation, private sector development, product and service markets, investment, public participation in enterprises, privatisation processes, trade and foreign direct investment, competition and public procurement, sustainable sectoral development and support for research and innovation and digitisation, in particular for the development of decarbonisation pathways for a just transition that leaves no-one behind;
2020/02/20
Committee: EMPL
Amendment 107 #

2018/0213(COD)

Proposal for a regulation
Article 6 – paragraph 1 – point d
(d) education and training, inclusive labour market policies, including social dialogue, for the creation of jobs, upskilling and reskilling for a just transition, digital skills, the fight against poverty and inequality, the promotion of social inclusion, social security and social welfare systems, the development of social infrastructure in particular for children, public health and healthcare systems, as well as cohesion, asylum, migration and border policies;
2020/02/20
Committee: EMPL
Amendment 124 #

2018/0213(COD)

Proposal for a regulation
Article 11 – paragraph 1
1. A Member State wishing to receive support under the reform delivery tool shall submit a proposal for reform commitments to the Commission in partnership with local and regional authorities and stakeholders, in particular social partners and civil society in accordance with Article 6 of Regulation (EU) XX/xx of the European Parliament and of the Council1a. That proposal shall set out a detailed set of measures for the implementation of structural reforms in response to challenges identified in the European Semester process and shall contain milestones, targets and a timetable for the implementation of the reforms over a maximum period of three years. ______________________________ 1a Regulation (EU) XX/xx of the European Parliament and of the Council of XX 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 (OJ L ...).
2020/02/20
Committee: EMPL
Amendment 126 #

2018/0213(COD)

Proposal for a regulation
Article 11 – paragraph 3 – point b
(b) the expected economic and social impacts, including their effects on income distribution, of the reform in the Member State concerned and, where possible, the spillover effects in other Member States;
2020/02/20
Committee: EMPL
Amendment 132 #

2018/0213(COD)

Proposal for a regulation
Article 12 – paragraph 4 a (new)
4a. No positive decision shall be granted to any proposal where the overall social impact is negative.
2020/02/20
Committee: EMPL
Amendment 137 #

2018/0213(COD)

Proposal for a regulation
Article 19 – paragraph 2 – point a
(a) the implementation of reforms by Member States, undertaken on their own initiative, in particular to achieve sustainable economic growth and job creation, poverty reduction and social inclusion;
2020/02/20
Committee: EMPL
Amendment 70 #

2015/0270(COD)

Proposal for a regulation
Recital 47 a (new)
(47a) The Banking Union has been at a standstill for almost a decade. While all Union institutions agree that completing the Banking Union would contribute to the European Union's financial stability and offer better services and protection to retails investors and depositors, no progress has been made on a genuine European Deposit Insurance Scheme (EDIS). To unlock the stalemate, a more staggered approach than initially foreseen and supported by most EU institutions might be warranted. This review implements a liquidity support mechanism ('EDIS I'). An European Deposit Insurance Fund (DIF) would finally be created, without any pre-condition. At a first stage, this fund, complemented by lending from national DGS, would only provide loans and liquidity support to a national DGS in need. This step is meant to be temporary and aims to ease the transition toward a loss-coverage mechanism, whereby the EU fund would provide grants to depleted DGS. Under no circumstance 'EDIS I' could be deemed the final stage of EDIS. This first stage is accompanied by a firm and unequivocal commitment to establish a fully-fledged EDIS by 2029 at the latest.
2024/03/13
Committee: ECON
Amendment 78 #

2015/0270(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 2
Regulation (EU) No 806/2014
Article 1 – paragraph 2 – subparagraph 1 – introductory part
2. In addition, this Regulation establishes stage 1 of a European Deposit Insurance Scheme ('EDIS') in three successive stages: I'): (Article 1 is replaced by the following:)
2024/03/13
Committee: ECON
Amendment 83 #

2015/0270(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 2
Regulation (EU) No 806/2014
Article 1 – paragraph 2 – subparagraph 1 – indent 1
a reinsurance scheme that, to a certain extent, provides funding and covers a share of the losses of– to operate as a liquidityscheme that provides loans to participating deposit guarantee schemes in accordance with Article 41a;,
2024/03/13
Committee: ECON
Amendment 88 #

2015/0270(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 2
Regulation (EU) No 806/2014
Article 1 – paragraph 2 – subparagraph 1 – indent 2
a co-insurance scheme that, to a gradually increasing extent, provides funding and covers losses of participating deposit guato establish a full insurantece schemes in accordance with Article 41c; with loss coverage by 2029.
2024/03/13
Committee: ECON
Amendment 94 #

2015/0270(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 2
Regulation (EU) No 806/2014
Article 1 – paragraph 2 – subparagraph 2
EDIS I shall be administered by the Board in cooperation with participating DGSs and designated authorities in accordance with Part IIa. EDIS shall be supported by a Deposit Insurance Fund (the ‘DIF’).
2024/03/13
Committee: ECON
Amendment 95 #

2015/0270(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 2
Regulation (EU) No 806/2014
Article 1 – paragraph 2 – subparagraph 2a (new)
EDIS I shall be supported by a Deposit Insurance Fund (the ‘DIF’) and when needed, by additional loans from the participating DGSs in accordance with Chapter 4 -mandatory lending."
2024/03/13
Committee: ECON
Amendment 102 #

2015/0270(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 3
Regulation (EU) No 806/2014
Article 2 – paragraph 1 – point a
(a) all credit institutions established in a participating Member State; (Article 2 is replaced by the following:)
2024/03/13
Committee: ECON
Amendment 108 #

2015/0270(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 3
Regulation (EU) No 806/2014
Article 2 – paragraph 2 – subparagraph 1 – point a
(a) all participating deposit-guarantee schemes as defined in point (1) of Article 3(1a);
2024/03/13
Committee: ECON
Amendment 111 #

2015/0270(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 3
Regulation (EU) No 806/2014
Article 2 – paragraph 2 – subparagraph 1 – point b
(b) all credit institutions affiliated to participating deposit-guarantee schemes.
2024/03/13
Committee: ECON
Amendment 132 #

2015/0270(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 10
Regulation (EU) No 806/2014
Article 41 a – paragraph 3
3. The DIF shall also cover 20% of the excess loss of the participating DGS aIn case a participating DGS encounters a payout event or is uset out inArticle 41c. The participating DGS shall repay the amount of funding it obtained under paragraph 2of this Article, less the amount of excess loss cover, in accordance wd in resolution in accordance with Article 79 of this Regulation, or is used for financing measures in accordance with article 11(3) or 11(6) of Directive 2014/49/EU, it may request a loan from the DIF where its intervention will diminish its available financial means to below 25% of iths the procedure set out inArticle 41o.arget level. (In new Part II is inserted as follows)
2024/03/13
Committee: ECON
Amendment 141 #

2015/0270(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 10
Regulation (EU) No 806/2014
Article 41 b – paragraph 1 – point b
(b) the amount of extraordinary contributions, as defined in Article 10(8) of the Directive 2014/49/EU , whichthe participating DGS can raise within three days from the payout event.
2024/03/13
Committee: ECON
Amendment 145 #

2015/0270(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 10
Regulation (EU) No 806/2014
Article 41 ba (new)
Article 41ba Provision of mandatory lending by DGSs 1. In cases where the available financial means of the DIF are not sufficient to provide the loan requested by a participating DGS in accordance to Article 41a, the Board shall borrow from the other participating DGSs. 2. Each participating DGS shall provide the requested loans to the DIF (mandatory lending) 3. The Board shall calculate the amount of mandatory lending needed to provide funding in accordance to Article 41a. The Board shall calculate the amount of mandatory lending to be claimed from each participating DGS in proportion to the ratio between the DIF’s target level and the target level of each DGS as determined in accordance with Article 10(2) of Directive 2014/49/EU. 4. After completion of the build-up phase of the DIF in accordance with Article 74d, the amount to be provided by each participating DGS as mandatory lending shall not exceed 75 % of the target level of that DGS. 5. In order to obtain the funding through mandatory lending the Board shall follow the procedure laid down in Article 41q.
2024/03/13
Committee: ECON
Amendment 196 #

2015/0270(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 10
Regulation (EU) No 806/2014
Article 41 l – paragraph 2 – point d a (new)
(da) in case of a payout event, an estimate of the extraordinary contributions it can raise within three days from that event
2024/03/13
Committee: ECON
Amendment 219 #

2015/0270(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 10
Regulation (EU) No 806/2014
Article 41 o – paragraph 4
4. After the termination of the insolvency procedure or resolution procedure ofThe following conditions for the credit institution concerned, the Board shall without delay determine the excess loss in accordance with Article 41d or the loss in accordance with Article 41h. Where this determination results in arepayment obligation ofpayment planshall apply: (a) the minimum annualrepayment bythe participating DGS tshat differs from the amounts repaid in accordance with the seconll be 10% on average of the funding provided by the Board aund third paragraph, the difference shall be settled between the Board and the participating DGS without delayer Article 41n; (b) each year, the Board shall reassess the level of expected recoveries and recalibrate the repayment plan for the remaining years in accordance with the assessment.
2024/03/13
Committee: ECON
Amendment 222 #

2015/0270(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 10
Regulation (EU) No 806/2014
Article 41 o – paragraph 4a (new)
4a. As long as a participating DGS has liquidity support outstanding with the DIF, the majority of extraordinary contributions raised in accordance with Article 10(8) of Directive 2014/49/EU, the majority of recoveries on the DGS’s claims pursuant to Article 9(2) of Directive 2014/49/EU and Article 75 of Directive 2014/59/EU, the majority of repayment of or income derived from measures taken in accordance with Article 109 of Directive 2014/59/EU or Article 11(3) of Directive 2014/49/EU shall first be used to repay the DIF before those financial means are used to reach the target level of the participating DGS again. This shall be reflected in the repayment plan.
2024/03/13
Committee: ECON
Amendment 228 #

2015/0270(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 10
Regulation (EU) No 806/2014
Article 41 q – paragraph 2
2. The participating DGS shall maximise its proceeds from the insolvency estate and shall be liable towards the Board forAs long as the DIF has an outstanding loan referred to in Article 41ba, any amofuntds not recovered due to a lack of diligence. The Board may decide, after hearing the participating DGS, to exercise itself all rights arising under the deposit claims mentioned in paragraph 1.;received by the DIF in accordance with Article 41o shall primarily be used to repay participating DGSs before those funds are used to reach the target level of the DIF referred to in 74b again.
2024/03/13
Committee: ECON
Amendment 233 #

2015/0270(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 10
Regulation (EU) No 806/2014
Article 41 q a (new)
Article 41qa Interest The loans granted by the DIF shall not bear any interest rate.
2024/03/13
Committee: ECON
Amendment 248 #

2015/0270(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 34
Regulation (EU) No 806/2014
Article 74 b – paragraph 1
1. By the end of the reinsurance period[2 years from the date of entry into force of this amending Regulation], the available financial means of the DIF shall reach an initial target level of 250% of four ninthof the sum of the minimum target levels that participating DGSs shall reach in accordance with the first subparagraph ofof the target level referred to in Article 10(2) of 2014/49/EU calculated as a percentage of the amount of covered deposits in all credit institutions referred to in Article 102(2) of Directive 2014/49/EU, point (b), of this Regulation.
2024/03/13
Committee: ECON
Amendment 254 #

2015/0270(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 34
Regulation (EU) No 806/2014
Article 74 c –title
Article 74c Ex-ante contributionsFunding the DIF
2024/03/13
Committee: ECON
Amendment 256 #

2015/0270(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 34
Regulation (EU) No 806/2014
Article 74 c – paragraph 1
1. Each year during the reinsurance and co-insurance period, the Board shall, after consulting the ECB and the national competent authority anduntil [2 years from the date of entry into force of this amending Regulation], the Board shall, in close cooperation with the participating DGSs and designated authorities, determine for each participating DGS the total amount of ex-ante contributions that it may claim from the credit institutions affiliato be transferred to the respective participating DGSDIF in order to reach the target levels provided for in Article 74b. The total amount of contributions shall not exceed the target levels provided for in Article 74b (1) and (2).
2024/03/13
Committee: ECON
Amendment 285 #

2015/0270(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 34
Regulation (EU) No 806/2014
Article 74 c – paragraph 5 –subparagraph 4 – point f a (new)
(fa) Concentration to exposures to a single central government and central bank;
2024/03/13
Committee: ECON
Amendment 295 #

2015/0270(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 34
Regulation (EU) No 806/2014
Article 74 c – paragraph 5 a (new)
5a. After [2 years from the date of entry into force of this amending Regulation] the Board shall, in close cooperation with the participating DGSs and designated authorities, determine contributions to be collected from each credit institution referred to in Article 2(2), point (b), and to be transferred to DIF by the participating DGS in order to maintain the target level provided for in Article 74b.
2024/03/13
Committee: ECON
Amendment 297 #

2015/0270(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 34
Regulation (EU) No 806/2014
Article 74 c – paragraph 5 b (new)
5b. After [2 years from the date of entry into force of this amending Regulation] the Board may, in close cooperation with the participating DGSs and designated authorities, defer the required contributions to be collected in accordance with paragraph 5a to ensure that the amount to be transferred reaches an amount that is proportionate to the costs of the collection process for participating DGSs, provided that such deferral does not materially affect the capacity of the Board to use the DIF in accordance with Article 41a.
2024/03/13
Committee: ECON
Amendment 311 #

2015/0270(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 39 a (new)
Regulation (EU) No 806/2014
Article 94 – paragraph 3 a (new)
39a. in Article 94, the following paragraph is added: ‘3a. By [31 December one year after entry into force of this amending Regulation] the Commission shall review the functioning of EDIS I with a view to move towards a loss-coverage phase by 2029. The review shall assess in particular the following: (a) the adequacy of funding mechanism and target level of EDIS I and the cases of use of the liquidity mechanism; (b) the scope of measures financed by EDIS I under article 41a and the entities referred to in Article 2(2), point (b); (c) the appropriateness of an extension of EDIS I from providing liquidity support to a loss-coverage mechanism whereby EDIS would cover the losses incurred by national DGS and/or directly reimburse depositors; (d) the appropriateness of introducing a publicly funded backstop mechanism or the DIF; (e) whether the funding of EDIS should be adapted to move toward a loss coverage phase By 30 June 2027, the Commission shall submit a report to the European Parliament and the Council, accompanied with a legislative proposal if appropriate. By 30 June 2027, the Commission shall submit a report to the European Parliament and the Council, accompanied with a legislative proposal if appropriate.'
2024/03/13
Committee: ECON
Amendment 320 #

2015/0270(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 40
Regulation (EU) No 806/2014
Article 99 – paragraph 5 a
5a. By way of derogation from paragraph 2, Article 1(2), Part IIa and Part III, Title V Chapter 2 Section 1a shall apply from [OP insert date of entry into force of this amendingRegulation];
2024/03/13
Committee: ECON