Activities of Damien CARÊME
Plenary speeches (37)
Humanitarian assistance in the Mediterranean (debate)
Climate and ecological emergency (topical debate)
Appointment of EBA Executive Director Farkas as AFME Chief Executive (debate)
Situation in the hotspots on the Greek islands, in particular the case of Moria (debate)
Climate and environmental emergency - 2019 UN Climate Change Conference (COP25) (debate)
Institutions and bodies in the Economic and Monetary Union: Preventing post-public employment conflicts of interest (debate)
Commission communication on the Review of the economic governance (debate)
Migration situation at the Greek-Turkish border and the EU's common response to it (debate)
EU Recovery package (debate)
The need for an immediate and humanitarian EU response to the current situation in the refugee camp in Moria (debate)
Humanitarian situation of refugees and migrants at the EU's external borders (debate)
A WTO-compatible EU carbon border adjustment mechanism (continuation of debate)
Digital taxation: OECD negotiations, tax residency of digital companies and a possible European Digital Tax (debate)
A European strategy for energy system integration – A European strategy for hydrogen (debate)
Revised industrial strategy for Europe (debate)
Recent deaths in the Mediterranean and search and rescue at sea (debate)
The 70th anniversary of the Geneva Convention (debate)
Presentation of the Fit for 55 package after the publication of the IPCC report (debate)
Pandora Papers: implications on the efforts to combat money laundering, tax evasion and avoidance (debate)
European Union Agency for Asylum (continuation of debate)
Global Tax Agreements to be endorsed at the G20 Summit in Rome, 30th/31st of October (continuation of debate)
Pushbacks at the EU's external border (debate)
Situation in Belarus and at its border with the EU and the security and humanitarian consequences (debate)
The proposed Council decision on provisional emergency measures for the external border with Belarus based on article 78(3) TFEU (continuation of debate)
The deterioration of the situation of refugees as a consequence of the Russian aggression against Ukraine (debate)
Revision of the EU Emissions Trading System - Social Climate Fund - Carbon border adjustment mechanism - Revision of the EU Emissions Trading System for aviation - Notification under the Carbon Offsetting and Reduction Scheme for International Aviation (CORSIA) (joint debate – Fit for 55 (part 1))
Impact of Russian invasion of Ukraine on migration flows to the EU (debate)
The need for a European solution on asylum and migration including search and rescue (debate)
Criminalisation of humanitarian assistance, including search and rescue (debate)
Need for urgent update of the EU list of high-risk third countries for anti-money laundering and terrorist financing purposes (debate)
Revision of the EU Emissions Trading System - Monitoring, reporting and verification of greenhouse gas emissions from maritime transport - Carbon border adjustment mechanism - Social Climate Fund - Revision of the EU Emissions Trading System for aviation (debate)
Externalising asylum applications and making funding to third countries conditional on the implementation of return agreements (topical debate)
Lessons learnt from the Pandora Papers and other revelations (debate)
The need for EU action on search and rescue in the Mediterranean (debate)
Need for a speedy adoption of the asylum and migration package (debate)
Framework of measures for strengthening Europe’s net-zero technology products manufacturing ecosystem (Net Zero Industry Act) (debate)
Screening of third country nationals at the external borders - European Criminal Records Information System - Third Country Nationals - Common procedure for international protection in the Union - Establishing a return border procedure, and amending Regulation (EU) 2021/1148 - Asylum and migration management - Addressing situations of crisis and force majeure - Establishment of 'Eurodac' for the comparison of fingerprints for the effective application of Regulation (EU) No 604/2013, for identifying an illegally staying third-country national or stateless person and on requests for the comparison with Eurodac data by Member States' law enforcement authorities and Europol for law enforcement purposes (recast) - Union Resettlement Framework - Standards for the qualification of third-country nationals or stateless persons as beneficiaries of international protection - Standards for the reception of applicants for international protection (recast) (joint debate - Migration and Asylum package)
Reports (1)
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
Shadow reports (12)
REPORT on the proposal for a directive of the European Parliament and of the Council laying down standards for the reception of applicants for international protection (recast)
REPORT on the implementation of the Dublin III Regulation
REPORT on digital taxation: OECD negotiations, tax residency of digital companies and a possible European Digital Tax
REPORT on a European Strategy for Hydrogen
RECOMMENDATION FOR SECOND READING on the Council position at first reading with a view to the adoption of a regulation of the European Parliament and of the Council establishing an exchange, assistance and training programme for the protection of the euro against counterfeiting for the period 2021-2027 (the ‘Pericles IV’ programme), and repealing Regulation (EU) No 331/2014
REPORT 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
REPORT on lessons learnt from the Pandora Papers and other revelations
REPORT on the proposal for a regulation of the European Parliament and of the Council on asylum and migration management and amending Council Directive (EC) 2003/109 and the proposed Regulation (EU) XXX/XXX [Asylum and Migration Fund]
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
REPORT on the proposal for a regulation of the European Parliament and of the Council on establishing a framework of measures for strengthening Europe’s net-zero technology products manufacturing ecosystem (Net Zero Industry Act)
REPORT on small modular reactors
REPORT on a European Parliament recommendation to the Commission concerning on the ongoing negotiations on a status agreement on operational activities carried out by the European Border and Coast Guard Agency (Frontex) in Senegal
Opinions (2)
OPINION on the proposal for a regulation of the European Parliament and of the Council establishing a carbon border adjustment mechanism
OPINION on lessons learnt from the Pandora Papers and other revelations
Shadow opinions (9)
OPINION on strengthening transparency and integrity in the EU institutions by setting up an independent EU ethics body
OPINION on the report on the effects of climate change on human rights and the role of environmental defenders on this matter
OPINION towards a WTO-compatible EU carbon border adjustment mechanism
OPINION towards a WTO-compatible EU carbon border adjustment mechanism
OPINION on human rights protection and the EU external migration policy
OPINION on the implementation report on the EU Trust Funds and the Facility for Refugees in Turkey
OPINION on the proposal for a regulation of the European Parliament and of the Council establishing a carbon border adjustment mechanism
OPINION 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
OPINION on the proposal for a directive of the European Parliament and of the Council on Corporate Sustainability Due Diligence and amending Directive (EU) 2019/1937
Institutional motions (23)
MOTION FOR A RESOLUTION on the situation at the USA-Mexican border
JOINT MOTION FOR A RESOLUTION on the situation at the USA-Mexico border
MOTION FOR A RESOLUTION on the state of implementation of the Union’s anti-money laundering legislation
MOTION FOR A RESOLUTION on Egypt
MOTION FOR A RESOLUTION on the Turkish military operation in northeast Syria and its consequences
MOTION FOR A RESOLUTION on the state of play on the proposal for a directive of the European Parliament and of the Council amending Directive 2013/34/EU as regards disclosure of income tax information by certain undertakings and branches (2016/0107(COD)), known as public country-by-country reporting
JOINT MOTION FOR A RESOLUTION on the Turkish military operation in northeast Syria and its consequences
MOTION FOR A RESOLUTION on the climate and environment emergency
MOTION FOR A RESOLUTION on ongoing hearings under Article 7(1) of the TEU regarding Poland and Hungary
JOINT MOTION FOR A RESOLUTION on India’s Citizenship (Amendment) Act, 2019
MOTION FOR A RESOLUTION on the declaration of the EU as an LGBTIQ Freedom Zone
MOTION FOR A RESOLUTION on the breach of the UN Convention of the Rights of the Child and the use of minors by the Moroccan authorities in the migratory crisis in Ceuta
MOTION FOR A RESOLUTION on the situation in Afghanistan
MOTION FOR A RESOLUTION on the Pandora Papers: implications for the efforts to combat money laundering, tax evasion and avoidance
JOINT MOTION FOR A RESOLUTION on the Pandora Papers: implications for the efforts to combat money laundering, tax evasion and avoidance
MOTION FOR A RESOLUTION the EU Protection of children and young people fleeing because of the war in Ukraine
MOTION FOR A RESOLUTION the rule of law and the potential approval of the Polish national Recovery Plan (RRF)
MOTION FOR A RESOLUTION on national vetoes to undermine the global tax deal
MOTION FOR A RESOLUTION on the US Supreme Court decision to overturn abortion rights in the United States and the need to safeguard abortion rights and women’s heath in the EU
MOTION FOR A RESOLUTION on the need for EU action on search and rescue in the Mediterranean
MOTION FOR A RESOLUTION on the situation in Nagorno-Karabakh after Azerbaijan’s attack and continuing threats against Armenia
MOTION FOR A RESOLUTION on including the right to abortion in the EU Fundamental Rights Charter
MOTION FOR A RESOLUTION on Commission Delegated Regulation of 14 April 2024 amending Delegated Regulation (EU) 2016/1675 as regards adding Kenya and Namibia to the table in point I of the Annex and deleting Barbados, Gibraltar, Panama, Uganda and the United Arab Emirates from that table
Oral questions (7)
Imminent threat to the rule of law and democracy in Bulgaria
Enforcement of revolving door rules by the Commission
An EU Commissioner for Animal Welfare
The Dutch childcare benefit scandal, institutional racism and algorithms
Prohibiting chick and duckling killing in EU law
Making the fundamental right to a healthy and safe working environment a reality
The case of Dentsu Tracking and the Commission’s lack of transparency with regard to the tobacco industry
Written explanations (3)
A WTO-compatible EU carbon border adjustment mechanism (A9-0019/2021 - Yannick Jadot)
La création d’une taxe carbone aux frontières, ou «protectionnisme vert», fait partie des engagements des écologistes lors de la campagne de 2019, et cela me tient à cœur. Il s’agit de taxer, aux frontières européennes, certains produits très polluants comme l’acier et le ciment en fonction de leur contenu en carbone de la même manière que pour l’ensemble des produits européens. Cela permet de lutter contre la concurrence déloyale et le dumping climatique et d’encourager les processus industriels les plus vertueux. C’est protéger à la fois nos emplois, nos industries, et la planète.En tant que rapporteur pour les commissions ITRE et ECON, j’ai travaillé sur ce rapport dans le but d’envoyer un signal fort à la Commission qui doit faire une proposition législative d’ici juin 2021. Malheureusement, la droite et l’extrême droite du Parlement ont cédé au lobby de certains industriels qui veulent une taxe aux frontières tout en maintenant les quotas gratuits dans le marché carbone européen. Le beurre et l’argent du beurre. C’est incompatible avec nos objectifs climatiques et avec les règles de l’OMC.C’est pourquoi je me suis finalement abstenu sur ce rapport, dont l’ambition a été sabordée au détriment de l’intérêt général.
Situation in Afghanistan (RC-B9-0455/2021, B9-0433/2021, B9-0453/2021, B9-0455/2021, B9-0458/2021, B9-0459/2021, B9-0460/2021, B9-0462/2021)
Une résolution sur la situation en Afghanistan a été adoptée le 16 septembre 2021 par le Parlement européen. Cette résolution exprime d’importantes demandes que je partage largement, en particulier l’appel à renforcer l’aide humanitaire, à faire usage de la directive sur la protection temporaire, ou encore à « faciliter l’évacuation des citoyens de l’Union et des Afghans en danger, notamment au moyen des couloirs sécurisés disponibles ».Toutefois, j’ai voté contre la résolution finale en raison de son paragraphe 39 qui demande à ce que l’Union « conclue de toute urgence son nouveau pacte sur la migration et l’asile ». Je me bats quotidiennement contre ce pacte tel que proposé par la Commission européenne le 23 septembre 2020 car il ne permet aucunement de résoudre la crise de l’accueil et de la solidarité ; il risque au contraire d’aggraver la situation des chercheurs de refuge et des pays frontaliers. S’il était adopté en l’état, le Pacte rendrait d’ailleurs caduques plusieurs des demandes de solidarité exprimées dans la présente résolution.Il s’agit donc, à titre personnel, d’une ligne rouge que je ne peux franchir : je refuse que l’émoi causé par la situation en Afghanistan puisse servir à légitimer un pacte à rebours de ce qu’il faut faire. Mon vote exprime donc ma détermination intacte à défendre une politique d’asile réellement humaine et solidaire.
Renewable Energy Directive (A9-0208/2022 - Markus Pieper)
L'augmentation de la production d'énergie renouvelable est essentielle pour atteindre les objectifs climatiques, assurer notre indépendance géopolitique et stimuler les emplois verts. La directive sur les énergies renouvelables révisée fixe des parts plus élevées de renouvelables dans différents secteurs : transport, chauffage et refroidissement, bâtiments et industrie, mêlant objectifs contraignants et volontaires. Nous, les Verts, avons joué un rôle déterminant dans l'augmentation de l'objectif d’"au moins 45%" et dans la victoire contre l’inclusion des combustibles fossiles ou nucléaires qui aurait dilué la directive. La proposition de la Commission a été améliorée, notamment via un libellé encourageant l'abandon progressif des combustibles fossiles dans les chauffages industriels à basse température d'ici 2027. C’est essentiel pour encourager l'électrification renouvelable, les pompes à chaleur industrielles et les chaudières électriques dans un secteur consommant environ 8 % de la consommation totale de gaz fossile. Nous saluons la suppression des incitations à la combustion de la biomasse ligneuse primaire à des fins énergétiques, mais le niveau d'ambition est inférieur à ce qui est nécessaire pour le climat et la biodiversité. Nous avons voté en faveur de la proposition pour s'assurer que la question reste sur la table lors des prochaines négociations avec les États membres.
Written questions (115)
New Italian decree (Decreto Crescita) and impact on personal income tax
EU must protect African elephants
Health, environmental and economic challenges of dealing with WWI and WWII munitions dumped in the North and Baltic Seas
Questions on the use of EU asylum aid in Greece and Italy, following Report No 24/2019 of the European Court of Auditors
Pushbacks at the Greek-Turkish land border
Fukushima – proposed release of contaminated water into the Pacific Ocean
Plans by the Greek Government to construct a floating barrier in the Mediterranean
Conditions of detention and detainees’ fundamental rights in the European Union
The situation on the Turkey-EU border
Greek law to monitor migration NGOs
The Commission’s decision to award a contract to BlackRock to oversee the development of ESG factors in the EU banking sector and corporate investment policies
Introduction of border controls to stem the COVID-19 pandemic
Recruitment of Federica Mogherini as Rector of the College of Europe
Green Deal compatibility criteria for Projects of Common Interest
TEN-E revision, TYNDP and 5th PCI list
Detailed opinion — Article 10 of the law on transparency of information on agricultural and food products (France)
The Malta declaration of 23 September 2019 and relocations
Mass arrest of LGBTI activists in Poland
Systematic and coordinated push‑backs by the Greek authorities
Subsidising Estonia's oil shale industry with co-firing biomass does not merit state aid
Ending conflicts of interest in invitations to tender
CETA and hormone-treated beef: ‘failures’ in checking Canadian beef imports to Europe
Disclosure of information concerning the award of a bid on environmental sustainability guideline (ESG) factors to BlackRock
Energy Charter Treaty renegotiation: the EU’s position regarding fossil fuels protection, the Investor-State Dispute Settlement mechanism and public information
French compliance with the Natura 2000 directives
Health issues of people living next to large-scale animal farms
New evidence of push‑backs at the Croatian border – will the Commission now finally start to react?
Transparency of contracts for COVID-19 vaccines
Decision of the European Ombudsman regarding the Commission’s decision to award a contract to BlackRock for a study on integrating environmental, social and governance (ESG) objectives into EU banking rules
Risk of lead poisoning on the location of the new migrant camp on Lesbos
Cross-border EIA procedure in connection with the extended operation of nuclear reactors in the EU
Data adequacy assessment for the UK and the right to privacy (1), including a 4(+2)‑month temporary extension for transfers of personal data
The EU-UK Trade and Cooperation Agreement and the right to privacy (2)
Non-implementation of CJEU ruling C-808/18 by Hungary and Frontex’s involvement in pushbacks at the Hungarian border
EU support for training in surveillance techniques for police and security agencies in Africa and the Balkans
Access of refugee children to education
The contribution of the International Thermonuclear Experimental Reactor (ITER) project to climate action
Operation IRINI and migrants attempting to cross the Mediterranean sea from Libya
The increase in returns of migrants to Libya since the start of 2021 and the monitoring of returned migrants in Libyan detention centres by the EEAS
Coronavirus vaccinations in EU prisons and detention centres
Request for clarification on the selection of hydrogen development projects and the risk of conflicts of interest
Use of acoustic cannons against migrants and asylum seekers in Greece
Sustainability impact assessment on the trade agreement between the EU and Mercosur
The application of the safe third country concept in Greece
The newly adopted Danish law L 226 on asylum processing
Group pushbacks by Bulgarian authorities
Inadmissibility of Syrian asylum applications in Greece
New bill on deportations and return procedures in Greece
Mass slaughter of dolphins and whales in the Faroe Islands and the role of Danish authorities
Interim measures with respect to the situation of asylum-seekers in Poland, Latvia and Lithuania
Implementation of the Facilitation Directive and humanitarian assistance.
Violent pushbacks and beatings at Croatia’s external borders
Ruling by a Naples court on the return of migrants to Libya
Assessment of the Nord Stream 2 investment arbitration case against the EU based on the Energy Charter Treaty
Pushbacks and the deterioration of migration
EU border – Dialect recognition software developed by Atos
Zero tolerance of child labour in EU trade
Access to safe abortion for women fleeing the war in Ukraine
The European Banking Authority’s mandate to provide an opinion on the definition of and possible supporting tools for green retail loans and green mortgages
Application of the Temporary Protection Directive (TPD) for stateless people fleeing Ukraine
Inclusion of detailed rules on fish transport in the upcoming review of Council Regulation (EC) No 1/2005
GDPR enforcement in the light of new revelations about Facebook being manifestly and structurally unable to comply with the GDPR and Digital Markets Act (limitation of purpose)
Addition of the UAE to the EU’s list of high-risk third countries with strategic deficiencies in their AML/CFT regimes
EU-funded ‘Centaur’ and ‘Hyperion’ surveillance systems violating fundamental rights in Greece
Donation of vessels to the Libyan Coastguard
Fish slaughter – stunning before slaughter
Large-scale pro-Russian disinformation operations online on Twitter and Facebook
Compensation following the demolition of EU-funded structures
The Commission’s stance on banning live-bait fishing
EU-funded ESTIA II programme ending in Greece
Search and Rescue (SAR) in the Mediterranean
Big tech layoffs and compliance with the Digital Services Act
Revising public procurement legislation to stop the publicly financed race to the bottom on working conditions
Reports on the use of EU funding to carry out fundamental rights violations at EU borders
Practice of illegal pushbacks of asylum seekers on commercial ships from Italy to Greece
Next steps for the Energy Charter Treaty
Italian decree-law on urgent provisions for the management of migratory flows
Pushbacks and detention of asylum seekers in Lithuania
The Commission’s Task Force Migration Management
The European Union’s reaction to the racist comments made by the Tunisian President Kais Saied on sub-Saharan migrants and the ensuing human rights violations
Tragedy off the coast of Crotone
Systematic abuses at Greek borders
Data exchange agreement between Europol and Israel in view of the recent Israeli judicial reform
Amendments to Lithuania’s border protection law
The case of Fatmata, a 23-year-old woman from Sierra Leone who was shot dead at the border between Greece and North Macedonia
New Italian decree-law limiting the operations of NGO rescue boats
Illegal expulsions by Greece
Illegal pushbacks in Greece
Is the Commission ready to act after the Crotone cover-up?
Arbitrary arrest of prominent Vietnamese environmental defender Hoang Thi Minh Hong
Actions by the Hellenic Coast Guard in the shipwreck incident of 14 June 2023 off Greek coast
Criminal shipwreck in Greece
Belgium’s asylum seeker reception crisis and failure to comply with court decisions
The ratification of ILO Convention 189 by the EU Member States
Ensuring safety and health at work for domestic workers
Phasing out fossil gas by 2040
EU Memorandum of Understanding with Tunisia: lack of call for release of political prisoners, legal basis, and human rights conditionality
The systematic detention of migrants and the conditions in detention centres in Greece
EU participation in US Enhanced Border Security Partnership
Call to strengthen the European food aid support programme
Rejection of official EU delegations by Tunisian authorities and consequences for EU-Tunisia Memorandum of Understanding
Commission, where is the promised animal welfare legislation?
Following the adoption of the resolution on the situation in Nagorno-Karabakh after Azerbaijan’s attack and the continuing threats against Armenia
Apparent violations of the Asylum Procedures Directive in Greece
Agreement between Italy and Albania on migrant reception and processing facilities in Albania
Funding of Tunisian authorities under the MoU of 23 July 2023
Funding of Tunisian authorities
Compatibility between the declaration of public interest for the ‘Cigéo’ radioactive waste disposal project in Bure, France, and Directive 2011/92/EU
Transparency concerning the Commission’s analysis of the conformity of France’s measures transposing Directive (EU) 2019/944
Situation on Greek islands
Member State’s intentional concealment of misleading commercial practices and potential risks to health and the environment
Fascist salute is not a crime unless it is a risk to public order
Israel’s disregard for international law and the provisional measures of the International Court of Justice
Memorandum of understanding with Tunisia
Memorandum of understanding with Tunisia
Individual motions (2)
MOTION FOR A RESOLUTION on the review of the Financial Regulation and the Commission’s guidelines on public procurement for policy-related service contracts
Motion for a resolution on upholding the fundamental right to protest and strictly regulating the legitimate use of law enforcement
Amendments (1204)
Amendment 4 #
2023/2109(INI)
Motion for a resolution
Citation 25
Citation 25
Amendment 5 #
2023/2109(INI)
Motion for a resolution
Citation 26
Citation 26
Amendment 6 #
2023/2109(INI)
Motion for a resolution
Citation 27 a (new)
Citation 27 a (new)
– having regards to the report of the French Energy Regulatory Commission of 27 July 2023 on the costs of nuclear power plants;
Amendment 8 #
2023/2109(INI)
Motion for a resolution
Citation 30
Citation 30
Amendment 12 #
2023/2109(INI)
Motion for a resolution
Recital A
Recital A
A. whereas the EU is a party to the Paris Agreement and has committed to reducing net greenhouse gas emissions by at least 55 % by 2030 compared to 1990 levels and to achieving climate neutrality by 2050 at the latest;
Amendment 20 #
2023/2109(INI)
Motion for a resolution
Recital B
Recital B
B. whereas the EU must mitigate its own risks of external dependence in terms of energy supplies, including on supply of fuels for nuclear power plants;
Amendment 36 #
2023/2109(INI)
Motion for a resolution
Recital C
Recital C
C. whereas, the innovative developments in nuclear power technology, particularly small modular reactors (SMRs), represent a promising pathway towards achieving the Union’s energy and climate objectives and offer considerable opportunities in terms of100 nuclear power reactors, operating in 12 of the 27 EU member states account for about one- quarter of the electricity generated in the whole of the EU but no Member State has small modular reactors operational yet; whereas over half of the EU’s nuclear electricity is production, industrial heat, hydrogen generation and district heatinged in one Member State only (France);
Amendment 47 #
2023/2109(INI)
Motion for a resolution
Recital D
Recital D
D. whereas SMRs is deemed to offer a lower initial capital investment, greater scalability and siting flexibility for locations unable to accommodate more traditional larger reactors, and now have the potential for enhanced safety and security compared to earlier design but its economic competitiveness is still to be proven according to the IAEA; whereas greater scalability and siting flexibility for locations depend on a number of factors which are mostly subject to national regulation; whereas safety and security requirements should remain high for SMRs;
Amendment 50 #
2023/2109(INI)
Motion for a resolution
Recital E
Recital E
E. whereas the deployment of SMRs can help driveis not foreseen before early to mid-2030s at the earliest and its impact on economic growth, job create jobs and contribute toion and the EU’s global competitiveness in this rapidly developing sphere of technologys difficult to predict in 2023;
Amendment 51 #
2023/2109(INI)
Motion for a resolution
Recital E a (new)
Recital E a (new)
Ea. Whereas there are currently only three SMRs operating in the world, including two in Russia that were launched nine years later than scheduled and with performance below expected standards; whereas the third SMR, operating in China, was only functional for a few hours in 2021 and whereas an additional project of adding 18 more units to it was abandoned because of increased costs;
Amendment 55 #
2023/2109(INI)
Motion for a resolution
Recital F
Recital F
F. whereas the Commission, in its declaration of 4 April 2023 on EU SMRs 2030, welcomed the collaborative efforts of the European nuclear industry and scientific community to achieve the common goal of a modern, resource- efficient and competitive economy and recognised that nuclear, and particularly SMRs, can play an important role even beyond electricity production if the significant committed funds to research, development and innovation on SMRs lead to concrete design solutions;
Amendment 58 #
2023/2109(INI)
Motion for a resolution
Recital G
Recital G
G. whereas the Commission has emphasised that nuclear and radiation protection expertise is needed across the Member States to ensure the safety, security and safeguarding of existing and future nuclear power plants, including SMRs, industrial and medical applications and space exploration initiatives;
Amendment 64 #
2023/2109(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. WelcomNotes the Commission declaration on EU SMRs 2030, which emphasises the role of research, innovation, education and training in the safety of SMRs in the EU and the need for all sectors to contribute to the transformation of the EU’s economy to achieve climate neutrality, energy security and strategic autonomy;
Amendment 67 #
2023/2109(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Underlines the potential of nuclear power and SMRs in contributing to the EU’s clean energy goals; at nuclear energy use is declining globally and that new nuclear power plants, including SMRs, won’t be available in the EU before early to mid 2030s at best and therefore are unlikely to contribute to EU’s commitments to reduce greenhouse gas emissions by 2030;
Amendment 87 #
2023/2109(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Calls for the development of a comprehensive strategy forCommission to analyse the depveloypment of SMRs inoutside the EU, taking into account the specific needs and circumstances of different regions and sectorsincluding the costs and timelines of existing projects at early stage and those under construction;
Amendment 88 #
2023/2109(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
Amendment 91 #
2023/2109(INI)
Motion for a resolution
Subheading 1
Subheading 1
Amendment 94 #
2023/2109(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Acknowledges that SMRs have the potential to play a significant role in replacing fossil fuels17 ; _________________ 17 https://ec.europa.eu/eusurvey/runner/Eur opeanSMRPrePartnership.are not foreseen as operational before mid-2030s and are not a competitive alternative in replacing fossil fuels in order to meet the Paris Agreement compared to renewable energies, deployable at large scale in the next decade;
Amendment 100 #
2023/2109(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. EncouReiteragtes the use of SMRs for low-carbon hydrogen productionimportance for the EU to invest as a priority in renewable hydrogen in order to produce 10 million tonnes of renewable hydrogen by 2030, as mentioned in the EU Hydrogen Strategy;
Amendment 104 #
2023/2109(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. RecogniseQuestions the potential role of SMRs for industrial heat production as advanced SMR technology, based on other coolants, first needs to lead to operational reactors in the future and there are still currently obstacles to operationability such as new manufacturing of fuels, the handling of waste and reprocessing facilities for recycled fuels;
Amendment 112 #
2023/2109(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. AcknowledgeQuestions the potential of SMRs for district heating as light water SMR technology first needs to achieve operational stage and the availability of grid connections and the necessary skills and experience in running these reactors remain a key issue in the possible development of SMRs;
Amendment 123 #
2023/2109(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Emphasises that so far, nodespite years of research and millions of euros invested, only a few SMRs have been commercially operated in the world, but; notes that more than 80 SMR designs are currently at different stages of development and deployment in 18 countries; stresses that the EU should therefore not get left behind in the global race for leadership in the future SMR marke but no transparent information on costs and timelines are publicly available at this stage; notes that the EU has expressed its willingness to invest in research, innovation, education and training, including on safety and radioactive waste management;
Amendment 129 #
2023/2109(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Emphasises that the European nuclear sector is a strong asset and recognissome Member States that the EU already has a high degree ofve expertise and experience in nuclear technologies that can be applied to the development and deployment of SMRs, with a supply chain that could generate most of the added value within Europewhile others do not have nuclear energy as part of their energy mix; notes that only a few Member States have expressed interest in developing SMRs in the coming years;
Amendment 134 #
2023/2109(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Recognises that a growing number ofMember States are sovereign in deciding on their energy mix and while some Member States are considering nuclear for their energy mixly on this technology, the share of nuclear energy is reducing in the EU and some Member States are not exploiting it or are phasing it out;
Amendment 140 #
2023/2109(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Recognises that as electrification is a key element in all transition scenarios, nuclear energy, as a low-carbon source of energy with a strong domestic industry, will be a necessary part of the solution to achieve climate neutrality and that decarbonisation of the electricity sector should be completed by 2035 in order to reach climate neutrality by 2050 at the latest; notes that SMRs are not expected to be operational - let alone at large scale - before mid-2030s; recalls that the levelized cost of electricity from renewables, such as solar and wind power, is much lower than the one for nuclear electricity and that renewable electricity costs of production have been continuously decreasing;
Amendment 146 #
2023/2109(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. WelcomNotes the creation of the so- called ‘European SMR partnership’ in the form of a collaboration scheme involving industrial stakeholders, research and technological organisations, interested customers, European regulators and the Commission;
Amendment 148 #
2023/2109(INI)
Motion for a resolution
Subheading 4
Subheading 4
Adapted policy and regulatory framework: technology neutrality
Amendment 151 #
2023/2109(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Recognises that a basic condition for SMRs to develop in the EU is to ensure that a conduciveNotes that there is currently no global or EU market for SMRs given the national sensitivities around nuclear energy technology and the willingness from each country to champion its own industries; recognises that for SMRs to benefit from possible economy of scale, a standardised policy and regulatorylicensing framework iswould need to be put in place;
Amendment 162 #
2023/2109(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Recognises that the implementation of appropriate contractual and fit is difficult to independently estimate the costs of SMRs in the future and that in ancial mechanisms is needed to provide long-term predictay case, nuclear technology is dependent from public financing; notes that in the US, the costs of the design approval only for the most advanced SMR process was estimated at already half a billityon USD;
Amendment 171 #
2023/2109(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Calls on the Commission to launch a specific industrial strategy for SMRs; Notes that given the freedom of Member States to decide on their energy mix, a coordinated EU-27 strategy for SMRs seems unlikely in the near future;
Amendment 177 #
2023/2109(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Emphasises that innovation and adaptation will be key to meet SMR designers’ expectations in terms of fuel cycle and waste management; Notes the risk that SMRs development could lead to the production of more nuclear waste in the future1a; notes that the management of nuclear waste remains a general concern in Europe for the impact on the environment and on future generations; notes that the possible development of SMRs raises the question of manufacturing of fuels and reprocessing facilities for recycled fuels as availability of high-assay low-enriched uranium is not yet available at commercial scale; _________________ 1a Nuclear waste from small modular reactors, May 31, 2022: https://www.pnas.org/doi/full/10.1073/pna s.2111833119
Amendment 181 #
2023/2109(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Emphasises that nuclear support from public authorities to guarantechnology is a more expensive way of generating electricity than renewable energies with a higher levelized cost of electricity; notees the competitiveness of the SMR supply chain will be essential in enabling service providers to take a long-term view and accelerate their projects to meet the market window of opportunityat SMR technology cannot be competitive in the future without massive subsidies from public authorities; is worried that investment in SMRs for the next decade will be made at the expense of investment in much-needed renewable energy and storage solutions, which are already available to meet the EU 2030 climate and energy commitments;
Amendment 184 #
2023/2109(INI)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18a. Points out that SMRs present similar concerns as large nuclear power plants in terms of nuclear waste management, accident risks, vulnerability to terrorist attacks and the risk of nuclear proliferation; is therefore concerned about the multiplication of location sites leading to a multiplication of risks and the need for increased safety;
Amendment 191 #
2023/2109(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Recognises that the business model of SMR producers will rely onis build upon the assumption of the series effect of building a large number of similar SMRs in different countries; notes that design standardisation is keya pre-requisite to unlocking the competitive advantages of mass production but is facing significant obstacles given the national sovereignty approach around nuclear energy;
Amendment 197 #
2023/2109(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. EmphasiNotes that similarly, licencing processes thare need to identify the elements for establishing a European pre-licensing process based on commonly accepted safety assessments in the licensing of the same SMR designationally-designed and vary across countries; notes that given the freedom of each Member State to decide on its energy mix, any attempt to establishing a European pre-licensing process seems unlikely in the future; recalls that a pre-licensing process would in any case not guarantee a de facto green light for operational use of SMRs, which should still have to pass safety standards;
Amendment 204 #
2023/2109(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. EmphasisesAcknowledges that given the safety and legal concerns around nuclear energy, it is understandable that the regulatory bodies should creaapproval of SMR design takes several years; notes the conditions to ease the licensing process of SMRsat SMRs developers usually need several years themselves to be ready between the announcement and submission of an approval request;
Amendment 210 #
2023/2109(INI)
Motion for a resolution
Subheading 7
Subheading 7
Amendment 214 #
2023/2109(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Recognises the nfreed to sufficiently explore and identify all possible options for financing European SMR productionom of Member States to decide on their energy mix and to explore financing options for energy technologies, in line with EU competition policy;
Amendment 219 #
2023/2109(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
Amendment 228 #
2023/2109(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Welcomes the factNotes that the Euratom research and training programme already funds research projects related to the safety and licensing of SMR technologies; emphasises, however, that more coordinated funding is needed especially on waste management and recycling fuel capacities;
Amendment 233 #
2023/2109(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
Amendment 245 #
2023/2109(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
26. Emphasises that a robust, capable and reliable supply chain is critical for the success of mass-produced SMRs; is concerned about the rapid increase in demand and use of materials that large- scale production of SMRs may entail; recalls the European Union's extreme dependency on imported uranium and the impact on its sovereignty and energy security of supply; notes that, in 2021, the European Union relied only on five countries for 96% of its natural uranium supplies including around 20% from Russia;
Amendment 263 #
2023/2109(INI)
Motion for a resolution
Paragraph 28
Paragraph 28
28. Recognises the need to define a comprehensive research and development (R&D) roadmap that meets both market expectations and safety requirements and, furthermore, to identify the experimental infrastructure required to implement this roadmap, alongside the necEU’s climate and energy commitments for 2030 and 2050, alongside the necessary training and education programmes; reiterates that in all projection scenarios, renewable energiess ary training and education programmese being boosted and are no regret investments for the future;
Amendment 267 #
2023/2109(INI)
Motion for a resolution
Paragraph 29
Paragraph 29
Amendment 273 #
2023/2109(INI)
30. Recognises that increased resources for R&D in state-of-the-art nuclear powerenergy storage and batteries are needed;
Amendment 276 #
2023/2109(INI)
Motion for a resolution
Paragraph 31
Paragraph 31
31. Recognises the need to develop training in key nuclear construction skillsin some Member States to develop skills and experience in nuclear reactors operational capacity, in order to ensure safety and legal requirements are met;
Amendment 285 #
2023/2109(INI)
Motion for a resolution
Paragraph 32
Paragraph 32
32. RNotes with concern that SMRs are likely to produce even more nuclear waste than conventional nuclear power plants, up to 30 times more radioactive waste per unit of electricity according to a study from 2022; recognises the need to provide uniform rules regarding the responsibility of SMR owners for the handling and storage of radioactive waste, as well as for the recycling of spent nuclear fuel;
Amendment 297 #
2023/2109(INI)
Motion for a resolution
Paragraph 33
Paragraph 33
33. Stresses the need for an annual report by the Commission assessing progress in thMember States investing in SMRs technologies to provide regular and transparent data on costs and safety measures for the possible development of SMRsthis technology;
Amendment 301 #
2023/2109(INI)
Motion for a resolution
Paragraph 34
Paragraph 34
Amendment 107 #
2023/0081(COD)
Proposal for a regulation
Recital 1
Recital 1
(1) The Union has committed to the accelerated decarbonisation of its economy and ambitious deployment of renewable energy sources to achieve climate neutrality or net zero emissions (emissions after deduction of removals) by 2050. That objective is at the heart of the European Green Deal, the updated EU Industrial Strategy, and in line with the Union’s commitment to global climate action under the Paris Agreement31 . To reach the climate neutrality goal, Regulation (EU) 2021/1119 of the European Parliament and of the Council32 sets a binding Union climate target to reduce net greenhouse gas emissions by at least 55% by 2030 compared to 1990. The proposed “Fit for 55”33 package aims to deliver on the Union’s 2030 climate target and revises and updates Union legislation in this respect. _________________ 31 Council Decision (EU) 2016/1841 of 5 October 2016 on the conclusion, on behalf of the European Union, of the Paris Agreement adopted under the United Nations Framework Convention on Climate Change OJ L 282, 19.10.2016, p. 4. 32 Regulation (EU) 2021/1119 of the European Parliament and of the Council of 30 June 2021 establishing the framework for achieving climate neutrality and amending Regulations (EC) No 401/2009 and (EU) 2018/1999 (‘European Climate Law’) (OJ L 243, 9.7.2021, p. 1). 33 Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions. 'Fit for 55': delivering the EU's 2030 Climate Target on the way to climate neutrality. COM(2021) 550, 14.7.2021.
Amendment 108 #
2023/0081(COD)
Proposal for a regulation
Recital 1 a (new)
Recital 1 a (new)
(1a) The Union has also expressed its ambition for a toxic-free environment and its commitment to implement a zero- pollution action plan for air, water and soil, towards the overarching vision that by 2050, pollution is reduced to levels no longer considered harmful to health nor to natural ecosystems. In this vein, the Commission proposed a set of zero pollution targets by 2030, such as aiming at the reduction of air pollution, noise, nutrient losses, microplastic release and plastic litter, and the total waste generation.
Amendment 109 #
2023/0081(COD)
Proposal for a regulation
Recital 1 b (new)
Recital 1 b (new)
(1b) In the interest of the Union's strategic autonomy, a greater focus on the circularity and long lifespans of technologies is essential to strengthen the resilience of European manufacturing industry, while reducing its environmental impacts to contribute to its sustainable competitiveness. Therefore emphasis should be put on manufacturing technologies possessing key features of a more circular industry, such as durability, reliability, reusability, upgradability, reparability, resource efficiency, recycled content, the possibility of maintenance, disassembly, refurbishment, remanufacturing, recycling and recoverability of materials, as well as avoiding the use of toxic substances of concern for health and the environment.
Amendment 110 #
2023/0081(COD)
Proposal for a regulation
Recital 2
Recital 2
(2) The Single Market provides the appropriate environment for enabling access at the necessary scale and pace to the technologiefundamental ingredients required to achieve the Union’s climate ambition. G, such as a properly skilled and sizeable workforce, natural resources, financial means and available technical and technological solutions. In particular, given the complexity and the transnational character of net-zero technologies, uncoordinated national measures to ensure access to those technologies would have a high potential of distorting competition and fragmenting the Single market. Therefore, to safeguard the functioning of the Single market it is necessary to create a common Union legal framework to collectively address this central challenge by increasing the Union’s resilience and security of supply in the field of net-zero technologies.
Amendment 116 #
2023/0081(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) Regarding external aspects, in particular regarding emerging markets and developing economies, the EU will seek win-winmutually beneficial partnerships, including in the framework of its Global Gateway strategy, which contribute to the diversification of its raw materials supply chain as well as to partneraccelerate the achievement of the Paris Agreement while countries’ efforts to pursue twin transition andbuting to the the development of local value addition.
Amendment 117 #
2023/0081(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) To fulfil those commitments, the Union must accelerate its pace of transition to clean energwards a renewables-based, circular and resource-efficient economy, notably by increasing energy efficiency and the share of renewable energy sources. This willshould also contribute to achieving the EU targets of the European Pillar of Social Rights Action Plan for 2030 of an employment rate of at least 78% and participation in training of at least 60% of adults. It willn order for it to also contribute to ensuring that the green transition is fair and equitable34 . , it should be combined with upward convergence towards high standards of working conditions. By addressing energy poverty, the investments into net-zero technologies should also contribute to the achievement of the EU target of a reduction of at least 15 million in the number of people at risk of poverty or social exclusion _________________ 34 Council Recommendation on ensuring a fair transition towards climate neutrality, adopted on 16 June 2022 as part of the Fit for 55 package.
Amendment 121 #
2023/0081(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) The higher energy prices after the unjustified and unlawful military aggression by the Russian Federation against Ukraine, gave a strong impetus to accelerate the implementation of the European Green Deal and reinforce the resilience of the Energy Union by speeding up the clean energy transition and ending any dependence on fossil fuels, notably exported from the Russian Federation. The REPowerEU plan35 plays a key role in responding to the hardships and global energy market disruption caused by the invasion of Ukraine by the Russian Federation. That plan aims to accelerate the energy transition in the European Union, in order to reduce the Union’s gas and electricity consumption and to boost investments in the deployment of energy efficient and low carbon solutions. That plan sets inter alia the targets to double solar photovoltaic capacity by 2025 and to install 600 GW of solar photovoltaic capacity by 2030 in the Union; to double the rate of deployment of heat pumps; to produce 10 million tonnes of domestic renewable hydrogen by 2030; and to substantially increase the production of biomethane. The plan also sets out that achieving the REPowerEU goals will require diversifying the supply of low carbon energy equipment and of critical raw materials, reducing sectoral dependencies, overcoming supply chain bottlenecks and expanding the Union’s clean energy technology manufacturing capacity to 35 bcm by 2030. As part of its efforts to increase the share of renewable energy in power generation, industry, buildings and transport, the Commission proposes to increase the target in the Renewable Energy Directive to 45% by 2030 and to increase the target in the Energy Efficiency Directive to 13%. This would bring the total renewable energy generation capacities to 1236 GW by 2030, in comparison to 1067 GW by 2030 envisaged under the 2021 proposal and will see increased needs for storage through batterieflexibility solutions to deal with intermittency in the electricity grid. Similarly, policies related to the decarbonisation of the road sector, such as Regulation (EU) 2019/631 and Regulation (EU) 2019/1242 will be strong drivers for a further electrification of the road transport sector and thus increasing demand for batteries. _________________ 35 Communication of 18 May 2022 from the Commission to the European Parliament, the European Council, the Council, the European Economic and Social Committee and the Committee of the Regions, REPowerEU Plan, COM/2022/230 final, 18.05.2022.
Amendment 136 #
2023/0081(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) The commitments for the net-zero transformation isare already causing huge industrial, economic, and geopolitical shifts across the globe, which will become ever more pronounced as the world advances in its decarbonisation efforts. The road to net zerotransformation towards a climate neutral, resource-efficient and fair economy translates into strong opportunities for the expansion of Union’s net-zero industry, making use of the strength of the Single Market, by promoting investment in technologies in the field of renewable energy technologies , electricity and heat storage technologies, heat pumps, grid technologies, renewable fuels of non- biological origin technologies, electrolysers and fuel cells, fusion, small modular reactors and related best-in-class fuels, carbon capture, utilisation, and storage technologies, and energy- system related energy efficiency technologies and their supply chains, allowing for thto contribute to the imperative decarbonisation of our economic sectors, from energy supply to transport, buildings, and industry. A strong net zero industry within the European Union can help significantly in reaching the Union’s climate and energy targets effectively, as well as in supporting other Green Deal objectives, while creating quality jobs and growthproviding decent working conditions for all.
Amendment 143 #
2023/0081(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) To meet the 2030 climate and energy targets, energy efficiency needs to be prioritised. Saving energy is the cheapest, safest and cleanest way to meet those targets. ‘Energy efficiency first’ is an overall principle of EU energy policy and is important in both its practical applications in policy and investment decisions. Therefore, it is essential to expand the Union’s manufacturing capacity for energy efficient technologies, such as heat pumps and smart grid technologies, that help the EU reduce and control its energy consumption.
Amendment 152 #
2023/0081(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) Additional policy effort is necessary to support those technologies that are commercially available and have a good potential for rapid scale up to support the Union’s 2030 climate targets, improve the security of supply for net-zero technologies and their supply chains, and safeguard or strengthen the overall resilience and competitiveness of the Union’s energy system. It includes access to a safe and sustainable source of best in class fuels, as described in recital 8 of Commission Delegated Regulation (EU) 2022/1214.
Amendment 171 #
2023/0081(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) To achieve the 2030 objectives a particular focus is needed on some of the net-zero technologies that are "no-regret technologies" planned to be deployed throughout the entire Union, also in view their significant contribution towards the path to net zero by 2050. These technologies include solar photovoltaic and solar thermal technologies, onshore and offshore renewable technologies, battery/energy storage technologies, heat pumps and geothermal energy technologies, electrolysers and fuel cells, sustainable biogas/biomethane, carbon capture and storage technologies and grid technologies. These technologies play a key role in the Union’s open strategic autonomy, ensuring that citizens have access to clean, affordable, secure energy. Given their role, these technologies should benefit from even faster permitting procedures, obtain the status of the highest national significance possible under national law and benefit from additional support to crowd-in investments.
Amendment 175 #
2023/0081(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) In order to ensure thatimprove the resilience of the Union’s future energy system is resilient, this scaling-up should be carried out across the key components along the whole supply chain of the technologies in question, in full complementarity with the Critical Raw Materials Act.
Amendment 179 #
2023/0081(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) In 2020 the European Commission adopted an EU strategy for energy system integration. It set out a vision on how to accelerate the transition towards a more integrated energy system, one that supports a climate neutral economy at the least cost across sectors. It encompasses three complementary and mutually reinforcing concepts: first, a more ‘circular’ energy system, with energy efficiency at its core; second, a greater direct electrification of end-use sectors; third, the use of renewable and low-carbon fuels, including renewable hydrogen, for end-use applications where direct heating or electrification are not feasible, not efficient or have higherdisproportionate costs. Considerations related to energy system integration refer to solutions for fully integrating all the electricity generated by renewable energy installations into the wider energy system. This means, for instance, adopting technical solutions that allow for the integration of surplus electricity generated by renewable electricity installations, including through storage in its various forms and demand- side management.
Amendment 182 #
2023/0081(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) The development of carbon capture and storage solutions for industrypermanent storage of CO2 emissions that are residual industrial emissions after implementation of all mitigation options have been exhausted, is confronted with a coordination failure. On the one hand, despite thewhile the recently growing CO2 price incentive provided by the EU Emissions Trading System, for industry to invest into capturing CO2 emissions making makes such investments economically viable, they face a significantose industries may face a risk of not being able to access a permitted geological storage site. On the other hand, investors into first CO2 storage sites face upfront costs to identify develop and appraise them even before they can apply for a regulatory storage permit. Transparency about potential CO2 storage capacity in terms of the geological suitability of relevant areas and existing geological data, in particular from the exploration of hydrocarbon production sites, can support market operators to plan their investments. Member State should make such data publicly available and report regularly in a forward-looking perspective about progress in developing CO2 storage sites and the corresponding needs for injection and storage capacities above, in order to collectively reachamp up the Union-wide target for CO2 injection capacity. At the same time, CO2 injection capacity sites must comply with the applicable environmental standards and ensure the safety of their operations, including the rules laid out in Directive 2009/31/EC and the ‘Do No Significant Harm’ principle within the meaning of Regulation (EU) 2020/852.
Amendment 194 #
2023/0081(COD)
Proposal for a regulation
Recital 14
Recital 14
(14) A keyOne potential bottleneck for carbon capture investments that are today increasingly economically viable is the availability of operating CO2 storage sites in Europe, which underpin the incentives from Directive 2003/87/EC. To scale up the technology and expand its leading manufacturing capacitiesherefore, the EU needs to develop a forward-looking supplyadequacy assessment of permanent geological CO2 storage sites permitted in accordance with Directive 2009/31/EU36 . By defining a Union target of 50 million tonnes of annual operational CO2injection capacity by 2030, in line with the expected capacities needed in 2030,within the Union. This adequacy assessment should provide a detailed analysis of the geographical and temporal adequacies between the existing and planned CO2 storage sites permitted in accordance with Directive 2009/31/EU36 and the CO2capture projects for unavoidable industrial emissions within theUnion. This would allowthe relevant sectorscantocoordinate their investments towards a European Net-Zero CO2transport and storage value chainthat industries can use to decarbonise their operations. This initial deployment will also support furfor the achievement of the climate-neutrality objective by 2050, as enshrined into ther CO2storage in a 2050 perspectivelimate Law. According to the Commission’s estimates, the Union could need tocapture up to 550permanently store in geological storage sites between around 80 and 298million tonnes ofCO2 annually by 2050 to meet the net zero objective37, including for carbon removals. Such a first industrial- scale storage capacity willde-risk investments into the capturing of CO2emissionsrepresent the first building block of asnimportant tool to reach climate neutrality.When this regulation is incorporated into the EEA Agreement, the Union target of 50 million tonnes of annual operational CO2 injection capacity by 2030 will be adjusted accordinglenable the full decarbonisation of unavoidable industrial emissions, and thusreach climate neutrality. _________________ 36 Directive 2009/31/EC of the European Parliament and of the Council of 23 April 2009 on the geological storage of carbon dioxide and amending Council Directive 85/337/EEC, European Parliament and Council Directives 2000/60/EC, 2001/80/EC, 2004/35/EC, 2006/12/EC, 2008/1/EC and Regulation (EC) No 1013/2006 (Text with EEA relevance), (OJ L 140, 5.6.2009, p. 114). 37 In depth analysis in support of the Commission Communication (2018/773) A Clean Planet for all. A European long-term strategic vision for a prosperous, modern, competitive and climate neutral economy.
Amendment 199 #
2023/0081(COD)
Proposal for a regulation
Recital 15
Recital 15
(15) By defining CO2 storage sites that contribute to the Union’s 2030 target as net-zero strategic projects, the development of CO2 storage sites can be accelerated and facilitated, and the increasing industrial demand for storage sites can be channelled towards the most- cost-effective storage sites. An increasing volume of depleting gas and oil fields that could be converted into safe, sustainable and permanent CO2 storage sites are at the end of their useful production lifetime. In addition, the oil and gas industry has affirmed its determination to embark on an energy transition ands to possesses the assets, skills and knowledge needed to explore and develop additional storage sites. To reach the Union’s target of 50 million tonnes of annualtransform those fields into safe, sustainable and permanent CO2 storage sites. To provide operational CO2 injection capacity by 2030, the sector needs to pool its contributions to ensure that carbon capture and storage as a climate solutionstorage is available ahead of demand. In order to ensure a timely, Union-wide and cost- effective development of CO2 storage sites in line with the EU objective for injection capacity, licensees of oil and gas production in the EUall companies offering to sell fossil fuels on the Union market should contribute to this target pro rata of their oil and gas manufacturing capacityeffort, while providing flexibilitiesy to cooperate and take into account other contributions of third parties.
Amendment 214 #
2023/0081(COD)
Proposal for a regulation
Recital 17
Recital 17
(17) To address security of supply issues and contribute to supporting the resilience of Union’s energy system and decarbonisation and modernisation efforindustry related to 2030 climate and energy targets, the net-zero technology manufacturing capacity in the Union needs to expand. Union manufacturersing of solar photovoltaic (PV) technologies need to increase their competitive edge ando improve security of supply perspectives, by aiming to reach at least 30 gigawatt of operational solar PV manufacturing capacity by 2030 across the full PV value chain, in line with the goals set out in the European Solar Photovoltaic Industry Alliance, which is supported under the Union’s Solar Energy Strategy.38 Union manufacturersing capacity of wind and heat pump technologies need to consolidate their competitive edge andbe maintained or expand their current market sharesed throughout this decade, in line with the Union’s technology deployment projections that meet its 2030 energy and climate targets.39 This translates into a Union manufacturing capacity for wind of at least 36 GW and, respectively, for heat pumps of at least 31 GW in 2030. Union manufacturers of batteries and electrolysers need to consolidate their technology leadership and actively contribute to shaping these markets. For battery technologies this would mean contributing to the objectives of ting capacity of batteries also needs to be expanded. The European Battery Alliance and aims at almost 90% of the Union’s battery annual demand being met by the Union’s battery manufacturersmanufacturing capacity in the Union, translating into a Union manufacturing capacity of at least 550 GWh in 2030. For EU electrolyser manufacturersing, the REPowerEU plan projects 10 million tonnes of domestic renewable hydrogen production and a further up to 10 million tonnes of renewable hydrogen imports by 2030. To ensure EU’s technological leadership translates into commercial leadership, aAs supported under the Electrolyser Joint Declaration of the Commission and the European Clean Hydrogen Alliance, EU electrolyser manufacturers should further boost their capacitying capacity should be expanded, such that the overall installed electrolyser capacity being deployed reaches at least 100 GW hydrogen by 2030. _________________ 38 Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions: EU Solar Energy Strategy, SWD(2022) 148 final, 18.05.2022. 39 As per REPowerEU objectives set out in the REPowerEU Plan, COM/2022/230 final, and accompanying Commission Staff Working Document Implementing the Repower EU Action Plan: Investment Needs, Hydrogen Accelerator and achieving the Bio-Methane Targets Accompanying the Document : Communication from the Commission to the European Parliament, the European Council, the Council, the European Economic and Social Committee and the Committee of the Regions REPowerEU Plan, SWD/2022/230 final, 18.05.2022
Amendment 224 #
2023/0081(COD)
Proposal for a regulation
Recital 18
Recital 18
(18) Considering these objectives together, while also taking into account that for certain elements of the respective supply chains (such as inverters, as well as solar cells, wafers, and ingots for solar PV or cathodes and anodes for batteries) the Union manufacturing capacity is low, the Union net-zero technologies annualshould closely monitor the resilience of net-zero technologies’ deployment, reinforce the corresponding annual manufacturing capacity shoul, and aim at approaching or reaching an overall annual manufacturing benchmark of at least 40% of annual deployment needs by 2030 for each of the technologies listed in the Annex .
Amendment 228 #
2023/0081(COD)
Proposal for a regulation
Recital 20
Recital 20
Amendment 239 #
2023/0081(COD)
Proposal for a regulation
Recital 21
Recital 21
(21) In order to maintain competitiveness and reduce current strategic import dependencies in keystrategic net- zero technology products and their supply chains, while avoiding the formation of new ones, the Union needs to continue strengthening its net zero industrial base and become more competitive and innovation friendly. Tof strategic net-zero technologies. To assert its sustainable competitiveness, the Union needs to enable the development of manufacturing capacity faster, simpler and in a more predictable way, without compromising on its high environmental and social standards and values.
Amendment 243 #
2023/0081(COD)
Proposal for a regulation
Recital 22
Recital 22
(22) Member States should submit updated drafts of their 2021-2030 National Energy and Climate Plans (NECPs) in June 202340 . As emphasised in the Commission’s Guidance to Member States for the update of the 2021-2030 national energy and climate plans41 , the updated plans should describe Member States’ objectives and policies to facilitate the scale-up of manufacturing projectsscale-up of commercially available energy efficient and low-carbon technologies, equipment and key components within their territory. Those plans should also describe Member States’ objectives and policies to achieve such scale-up through diversification efforts in third countries, and to enable their industries to capture and store CO2emissionsunavoidable industrial emissions for which no direct emission reduction options are available, to be captured and permanently stored in geological storage sites. _________________ 40 Member States shall update their national plans for 2021-2030 by June 2023 (draft plans) and June 2024 (final plans). See Article 14 and requirements of Chapter 2 and Annex I of the Regulation (EU) 2018/1999. 41 Commission Notice on the Guidance to Member States for the update of the 2021- 2030 national energy and climate plans 2022/C 495/02, (OJ C 495, 29.12.2022, p. 24).
Amendment 246 #
2023/0081(COD)
Proposal for a regulation
Recital 23
Recital 23
(23) In addition, the Communication on the Green Deal Industrial Plan for the Net- Zero Age42 sets out a comprehensive approach to support a clean energy technology scale up based on four pillars. The first pillar aims at creating a pregulatory environment that simplifies and fast- tracks permittingdictable, coherent and simplified regulatory environment for new net-zero technology manufacturing and assembly sites and facilitates the scaling up of the net-zero industry of the Union. The second pillar of the plan is to boost investment in and financing of net-zero technology production, through the revised Temporary Crisis and Transition Framework adopted in March 2023 and the creation of a European Sovereignty fund to preserve the European edge on critical and emerging technologies relevant to the green and digital transitions. The third pillar relates to developing the skills needed to make the transition happen and increase the number of skilled workers in the clean energy technology sector. The fourth pillar focuses on trade and the diversification of the supply chain of critical raw materials. That includes creatresilient supply chains, including aon critical raw materials club, working with like-minded partners to collectively strengthen supply chains and diversifying away from single suppliers for critical input. _________________ 42 Communication from the Commission to the European Parliament, the European Council, the Council, the European Economic and Social Committee and the Committee of the Regions: A Green Deal Industrial Plan for the Net-Zero Age, COM/2023/62 final, 01.02.2023.
Amendment 252 #
2023/0081(COD)
Proposal for a regulation
Recital 24
Recital 24
(24) Under the first pillar, the Union should develop and maintain an industrial basis for the provision of net-zero technology solutions to secure its energy supply, while also living up to its ambitions on climate neutrality. To support that goal and to avoidreduce dependencies for the supply of net-zero technologies that wcould delay the Union’s greenhouse gas emission reductions efforts or put at risk the security of supply of energyjeopardise the achievement of Union’s climate and energy objectives, this Regulation shallould set out provisions to encourage demand for sustainable and resilient net-zero technologies in the Union.
Amendment 258 #
2023/0081(COD)
Proposal for a regulation
Recital 25
Recital 25
(25) Directives 2014/23/EU, 2014/24/EU and 2014/25/EU already allow contracting authorities and entities awarding contracts through public procurement procedures to rely, in addition to price or cost, on additionalqualitative criteria for identifying the most economically advantageous tender. Such criteria concern for instance the quality of the tender including social, environmental and innovative characteristics. When awarding contracts for net-zero technology through public procurement, contracting authorities and contracting entities should duly assess the tenders’ contribution to sustainability, and resilience in relation to a series of criteria relating to the tender’s environmental and social sustainability, innovation, system integration and to resilience.
Amendment 262 #
2023/0081(COD)
Proposal for a regulation
Recital 27
Recital 27
(27) Without prejudice to Union legislation applicable to a specific technology, including under the Proposal for a Regulation of the European Parliament and of the Council establishing a framework for setting ecodesign requirements for sustainable products44 and the Proposal for a Regulation of the European Parliament and of the Council concerning batteries and waste batteries45 , and unless otherwise indicated therein, when evaluating the environmental sustainability of the net-zero solutions procured on the basis of this Regulation, contracting authorities and contracting entities mayshould take into account various elements with an impact on the climate and the environment. These may include, for instance, the durability and reliability of the solution; the ease of repair and maintenance; the ease of upgrading and refurbishment; the ease and quality of recycling; the use of certain substances; the consumption of energy, water and other resources in one or more life cycle stages of the product; the weight and volume of the product and its packaging; the incorporation of used components; the quantity, characteristics and availability of consumables needed for proper use and maintenance; the environmental footprint of the product and its life cycle environmental impacts; the carbon footprint of the product; the microplastic release; emissions to air, water or soil released in one or more life cycle stages of the product; the amounts of waste generated; the conditions for use. _________________ 44 Proposal for a Regulation of the European Parliament and of the Council establishing a framework for setting ecodesign requirements for sustainable products and repealing Directive 2009/125/EC, COM/2022/142 final, 30.03.2022. 45 Proposal for a Regulation of the European Parliament and of the Council concerning batteries and waste batteries, repealing Directive 2006/66/EC and amending Regulation (EU) No 2019/1020, COM/2020/798 final, 10.12.2020.
Amendment 272 #
2023/0081(COD)
Proposal for a regulation
Recital 31
Recital 31
(31) The application of the provisions on resilience in public procurement procedures set out in Article 19 of this Regulation should be without prejudice to the application of Article 25 of Directive 2014/24/EU of the European Parliament and of the Council47 , and Articles 43 and 85 of Directive 2014/25/EU of the European Parliament and of the Council48 , as according with the Commission’s guidance of 201949 . The same way, public procurement provisions should continue to apply to works, supplies and services subject to Article 19, including article 67 (4) of Directive 2014/24/EU and any implementing measures resulting from the Proposal for a Regulation establishing a framework for setting ecodesign requirements for sustainable products. _________________ 47 Directive 2014/24/EU of the European Parliament and of the Council of 26 February 2014 on public procurement and repealing Directive 2004/18/EC (OJ L 94, 28.3.2014, p. 65). 48 Directive 2014/25/EU of the European Parliament and of the Council of 26 February 2014 on procurement by entities operating in the water, energy, transport and postal services sectors and repealing Directive 2004/17/EC (OJ L 94, 28.3.2014, p. 243). 49 Communication from the Commission: Guidance on the participation of third country bidders and goods in the EU procurement market, Brussels, 24.7.2019, C(2019) 5494 final.
Amendment 274 #
2023/0081(COD)
Proposal for a regulation
Recital 32
Recital 32
(32) The weighting of criteria on the sustainability and resilience contribution of the tender in relation to public procurement procedures is without prejudice to the possibility for contracting authorities and contracting entities to set a higher threshold for the criteria relating to environmental and social sustainability and innovation, in line with Article 41 (3) and Recital 64 of Directive 2014/23/EU of the European Parliament and of the Council50 , Article 67 (5) of Directive 2014/24/EU and Article 82 (5) of Directive 2014/25/EU. _________________ 50 Directive 2014/23/EU of the European Parliament and of the Council of 26 February 2014 on the award of concession contracts (OJ L 94, 28.3.2014, p. 1).
Amendment 276 #
2023/0081(COD)
Proposal for a regulation
Recital 34
Recital 34
(34) For the purposes of the application of the provisions on public procurement according to Article 19 of this Regulation, where a product is covered by a delegated act adopted under Regulation (EU) 2017/1369 of the European Parliament and of the Council51 , contracting authorities or contracting entities should purchase only the products that comply with the obligation laid down in Article 7 (2) of that Regulation. _________________ 51 Regulation (EU) 2017/1369 of the European Parliament and of the Council of 4 July 2017 setting a framework for energy labelling and repealing Directive 2010/30/EU (OJ L 198, 28.7.2017, p. 1).
Amendment 283 #
2023/0081(COD)
(35) Households and final consumers are an essential part of the Union’s demand for net-zero technologies final products and public support schemes to incentivizse the purchase of such product by households, in particular for vulnerable low- and lower middle-class income households and consumers, are important tools to accelerate the green transition. Under the solar rooftop initiative announced in the EU solar strategy52 , Member States should for instance set-up national programmes to support the massive deployment of rooftop solar energy. In the REPowerEU plan, the Commission called Member States to make full use of supporting measures which encourage switching to heat pumps. Such support schemes set up nationally by Member States or locally by local or regional authorities should also contribute to improving the sustainability and resilience of the EU net-zero technologies' industrial base. Public authorities should for instance provide higher financial compensation to beneficiaries for the purchase of net-zero technology final products that will make a higher contribution to resilience in the Union. Public authorities should ensure that their schemes are open, transparent and non- discriminatory, so that they contribute to increase demand for net-zero technology products in the Union. Public authorities should also limit the additional financial compensation for such products so as not to slow down the deployment of the net- zero technologies in the Union. To increase the efficiency of such schemes Member States should ensure that information is easily accessible both for consumers and for net-zero technology manufacturers on a free website. The use by public authorities of the sustainability and resilience contribution in schemes targeted at consumers or households should be without prejudice to State aid rules and to WTO rules on Subsidies. _________________ 52 Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions : EU Solar Energy Strategy, COM(2022) 221 final, 18.05.2022.
Amendment 289 #
2023/0081(COD)
Proposal for a regulation
Recital 37
Recital 37
(37) The Commission should also assist Member States in the design of schemes targeted at households and consumers to build synergies and exchange best practices. The Net-Zero Europe Platform should also play an important role in accelerating the implementation of the sustainability and resilience contribution by Member States and public authorities in their public procurement and auctioning practices. It should and the Commission should assist Member States in the design of schemes targeted at households and consumers to build synergies and exchange best practices. In this regard, it should notably issue guidance and identify best practices on how to define the contribution and use it, providing concrete and specific examples.
Amendment 296 #
2023/0081(COD)
Proposal for a regulation
Recital 40
Recital 40
(40) Access to finance is key for ensuring the Union’s open strategic autonomy and for establishing a solid manufacturing base for net-zero technologies and their supply chains across the Union. The majority of investments necessary to reach the Green Deal objectives will come from private capital53 attracted by the growth potential of the net-zero ecosystem. Well-functioning, deep and integrated capital markets will therefore be essential to raise and channel the funds needed for the green transition and net-zero manufacturing projects. Swift progress towards the Capital Markets Union is thus necessary for the EU to deliver on its net- zero objectives. The sustainable finance agenda (and blended finance) also plays a crucial role in scaling up investments into the net-zero technologies, while guaranteeing the competitiveness of the sector. _________________ 53 Commission Staff Working Document Identifying Europe's recovery needs Accompanying the document Communication from the Commission to the European Parliament, the European Council, the Council, the European Economic and Social Committee and the Committee of the Regions - Europe's moment: Repair and Prepare for the Next Generation, SWD(2020) 98 final, Identifying Europe's recovery needs, 27.05.2020.
Amendment 300 #
2023/0081(COD)
Proposal for a regulation
Recital 41
Recital 41
(41) Where private investment alone is not sufficient, the effective roll-out of net- zero manufacturing projects may require public support in the form of State aid. Such aid must have an incentive effect and be necessary, appropriate and proportionate. The existing State aid guidelines that have recently undergone an in-depth revision in line with the twin transition objectives provide ample possibilities to support investments for projects in the scope of this Regulation subject to certain conditions. Member States can have an important role in easing access to finance for net-zero technologies manufacturing projects by addressing market failures through targeted State aid support. The Temporary Crisis and Transition Framework (TCTF) adopted on 9 March 2023 aims at ensuring a level playing field within the internal market, targeted to those sectors where a third- country delocalisation risk has been identified, and proportionate in terms of aid amounts. It would enable Member States to put in place measures to support new investments in production facilities in defined, strategic net-zero sectors, including via tax benefits. The permitted aid amount can be modulated with higher aid intensities and aid amount ceilings if the investment is located in assisted areas, in order to contribute to the goal of convergence between Member States and regions. Appropriate conditions are required to verify the concrete risks of diversion of the investment outside the European Economic Area (EEA) and that there is no risk of relocation within the EEA. The access to state aid should be subject to strict social and environmental conditions to ensure that European funding uphold high social and environmental standards and does not incentivise a race to the bottom in such standards, in line with the conditions set up in this Regulation. To mobilise national resources for that purpose, Member States may use a share of the ETS revenues that Member States have to allocate for climate-related purposes.
Amendment 310 #
2023/0081(COD)
Proposal for a regulation
Recital 43
Recital 43
(43) The amended Recovery and Resilience Facility Regulation54 made available an additional EUR 20 billion of non-repayable support to Member States in order to promote energy efficiency and replace fossil fuels, amongst others through EU net-zero industry projects. As pointed out in the Commission Guidance on the REPowerEU chapters55 , Member States are encouraged to include in the REPowerEU chapter of their recovery and resilience plans, measures supporting investments in net-zerotrengthening the Union’s technologiescal manufacturing and industrial innovationbase capacity for clean-tech value chains, to increase the resilience and sovereignty of the Union, including by strengthening the circular economy, in accordance with Regulation (EU) 2021/241 of the European Parliament and of the Council56 . _________________ 54 Regulation (EU) 2023/435 of the European Parliament and of the Council of 27 February 2023 amending Regulation (EU) 2021/241 as regards REPowerEU chapters in recovery and resilience plans and amending Regulations (EU) No 1303/2013, (EU) 2021/1060 and (EU) 2021/1755, and Directive 2003/87/EC, (OJ L 63, 28.2.2023, p. 1). 55 Commission Notice Guidance on Recovery and Resilience Plans in the context of REPowerEU 2023/C 80/01, (OJ C 80, 3.3.2023, p. 1). 56 Regulation (EU) 2021/241 of the European Parliament and of the Council of 12 February 2021 establishing the Recovery and Resilience Facility, (OJ L 57, 18.2.2021, p. 17).
Amendment 317 #
2023/0081(COD)
Proposal for a regulation
Recital 45
Recital 45
(45) Member States can provide support from cohesion policy programmes in line with applicable rules under Regulation (EU) 2021/1060 of the European Parliament and of the Council57 to encourage the take up of net-zero strategic projects in less developed and transition regions through investment packages of infrastructure, productive investment in innovation, manufacturing capacity in SMEs, services, training and upskilling measure, including support to capacity building of the public authorities and promoters. The applicable co-financing rates set in programmes may be up to 85% for less developed regions and up to 60% or 70% for transition regions depending on the fund concerned and the status of the region but. Member States may exceed these ceilings at the level of the project concerned, where feasible under State aid rules. The Technical Support Instrument can help Member States and regions in preparing net-zero growth strategies, improve the business environment, reducing red tapethe unnecessary additional administrative burden and accelerating permitting. Member States should be encouraged to promote the sustainability of net-zero strategic projects by embedding these investments in European value chains, building notably on interregional and cross border cooperation networks. _________________ 57 Regulation (EU) 2021/1060 of the European Parliament and of the Council of 24 June 2021 laying down common provisions on the European Regional Development Fund, the European Social Fund Plus, the Cohesion Fund, the Just Transition Fund and the European Maritime, Fisheries and Aquaculture Fund and financial rules for those and for the Asylum, Migration and Integration Fund, the Internal Security Fund and the Instrument for Financial Support for Border Management and Visa Policy (OJ L 231, 30.6.2021, p. 159).
Amendment 329 #
2023/0081(COD)
Proposal for a regulation
Recital 47
Recital 47
(47) A European Sovereignty Fund would provide a structural answer to the investment needs. It will help preserving a European edge on critical and emerging technologies relevant to the green and digital transitions, including net-zero technologies. This structural instrument will build on experience of coordinated multi-country projects under the IPCEIs and seek to enhance all Member States’ access to such projects, thereby safeguarding cohesion and the Single Market against risks caused by unequal availability of State Aids. Any public funding coming from the Fund should be accessible across all Member States, requiring joint funding at European level. Such funding should not come at the expense of existing MFF priorities, but rather constitute fresh funds drawn from the unallocated margins under the MFF ceilings or mobilised through the non- thematic MFF special instruments. The access to this Fund will be subject to strict social and environmental conditions to ensure that European funding uphold high social and environmental standards and does not incentivise a race to the bottom in such standards, in line with the conditions set up in this Regulation.
Amendment 343 #
2023/0081(COD)
Proposal for a regulation
Recital 49
Recital 49
(49) In order for net-zero technology manufacturing projects to be deployed or expanded as quickly as possible to ensureto contribute to the Union’s security of supply for net-zero technologies, it is important to create planning and investment certainty by keeping the administrative burden on project promoters to a minimum without compromising on the high environmental and social standards and values of the Union and of the Member States. For that reason, permit-granting processes of the Member States for net zero technology manufacturing projects should be streamlined, whilst at the same time ensuring that such projects are safe, secure, environmentally performant, and comply with environmental, social and safety requirements. Union environmental legislation sets common conditions for the process and content of national permit- granting processes, thereby ensuring a high level of environmental protection. Being granted the status of Net-Zero Strategic Project should be without prejudice to any applicable permitting conditions for the relevant projects, including those set out in Directive 2011/92/EU of the European Parliament and of the Council58 , Council Directive 92/43/EEC59 , Directive 2000/60/EC of the European Parliament and of the Council60 , Directive 2004/35/EC of the European Parliament and of the Council61 , and Directive (EU) 2010/75 of the European Parliament and of the Council62 . _________________ 58 Directive 2011/92/EU of the European Parliament and of the Council of 13 December 2011 on the assessment of the effects of certain public and private projects on the environment (OJ L 26, 28.1.2012, p. 1). 59 Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora (OJ L 206, 22.7.1992, p. 7). 60 Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000 establishing a framework for Community action in the field of water policy (OJ L 327, 22.12.2000, p. 1). 61 Directive 2004/35/CE of the European Parliament and of the Council of 21 April 2004 on environmental liability with regard to the prevention and remedying of environmental damage (OJ L 143, 30.4.2004, p. 56). 62 Directive 2010/75/EU of the European Parliament and of the Council of 24 November 2010 on industrial emissions (integrated pollution prevention and control) (recast) (OJ L 334, 17.12.2010, p. 17).
Amendment 349 #
2023/0081(COD)
Proposal for a regulation
Recital 50
Recital 50
(50) At the same time, the unpredictability, complexity and at times, excessive length and unpredictability of national permit- granting processes may undermines the investment securitypredictable investment environment needed for the effective development of net-zero technologies manufacturing projects. Therefore, in order to ensure and speed up their effective implementation, Member States should apply streamlined and predictable permitting procedures. In addition, Net-Zero Strategic Projects should be given priority status at national level if such status exists, to ensure rapid administrative treatment and urgent treatment in all judicial and dispute resolution procedures relating to them, without preventing competent authorities to streamline permitting for other net-zero technologies manufacturing projects that are not Net- Zero Strategic Projects or more generally. To attain this objective, Member States should ensure that the competent authorities are adequately equipped, staffed and trained.
Amendment 353 #
2023/0081(COD)
Proposal for a regulation
Recital 51
Recital 51
Amendment 359 #
2023/0081(COD)
Proposal for a regulation
Recital 52
Recital 52
(52) In order to reduce complexity and increase efficiency and transparency, project promoters of net-zero technologies manufacturing projects should be able to interact with a single national authority responsible for coordinating the entire permit granting process and issuing a comprehensive decision within the applicable time limit. To that end, Member States should designate a single national competent authority. Depending on a Member State’s internal organisation, it should be possible for the tasks of the national competent authority s to be delegated to a different authority, subject to the same conditions. T, public accountability and oversight. In order to guarantee the high level of scrutiny along the permitting process, and to ensure the effective implementation of their responsibilities, Member States should provide their national competent authority, or any authority acting on their behalf, with sufficient personnel and resources.
Amendment 368 #
2023/0081(COD)
Proposal for a regulation
Recital 55
Recital 55
(55) NSome net-zero technology manufacturing projects may undergo lengthy and complex permitting procedures of 2-7 years, depending on the Member State, technology and value chain segment. Considering the size of required investments – in particular for gigafactory-size projects which are needed to reach the expected economies of scale – inadequate permitting creates an additional and often detrimental barrier to increase net-, which may slow down the increase of net- zero technology manufacturing capacity in the Union. In order to provide project promoters and other investors with the security and clarity needed to increase development of net-zero technologies manufacturing projects, Member States should ensure that the permit-granting process related to such projects does not exceed pre-set time limits. For Net Zero Strategic Projects the length of the permit- granting process should not exceed twelve18 months for facilities with a yearly production output of more than 1 GW, and 912 months for those with a yearly production output of less than 1 GW. For all other net-zero technology manufacturing projects, the length of the permit-granting process should not exceed eighteen months for facilities with a yearly production output of more than 1 GW, and twelve months for those with a yearly production output of less than 1 GW. For net-zero technologies for which the GW metric is not relevant, such as grids and carbon capture and storage (CCS) or carbon capture and usage (CCU) technologiesWhere the GW metric is not relevant, the upper limits of the aforementioned deadlines should apply. For the expansion of existing production lines, each of the aforementioned time limits should be halved, provided that it exclusively concerns brownfield sites.
Amendment 380 #
2023/0081(COD)
Proposal for a regulation
Recital 62
Recital 62
(62) Net-zero regulatory sandboxes can be an important tool to promote innovation in the field of net-zero technologies and regulatory learning. Innovation needs to be enabled through experimentation spaces as scientific outcomes need to be tested in a controlled real-word environment. Regulatory sandboxes should be introduced to test innovative net-zero technologies in a controlled environment for a limited amount of time It is appropriate to strike a balance between legal certainty for participants in the Net- Zero regulatory sandboxes and the achievement of the objectives of Union law. As Net-Zero regulatory sandboxes must in any case comply with the essential requirements on Net-Zero technology laid out in Union and national law, it is appropriate to provide that participants , who comply with the eligibility requirements for Net-Zero regulatory sandboxes and who follow, in good faith, the guidance provided by the competent authorities, while fully complying with the precautionary principle. As Net-Zero regulatory sandboxes must in any case comply with the essential requirements on Net-Zero technology laid out in Union and national law, it is appropriate for the competent authorities to provide guidance to participants, and the terms and conditions of the plan agreed with those authorities, are not subject to any administrative fines or penalties. This is justified as the safeguards in place will, in principle, ensure effective compliance with Union or Member State law on the Net- Zero technology supervised in the regulatory sandboxes. The Commission will publish a Guidance for Sandboxes document in 2023 as announced in the New European Innovation Agenda to support Member States in preparing the net zero technology sandboxes. Those innovative technologies could eventually be essential to achieve the Union’s climate neutrality objective, ensure the security of supply and resilience of the Union’s energy system, and consequently enter the scope of strategic net-zero technologies.
Amendment 385 #
2023/0081(COD)
Proposal for a regulation
Recital 63
Recital 63
(63) An overall benchmark and indicative objectives for the manufacturing of keystrategic net-zero technology products in the European Union are put forward in order to help tackle import dependency and vulnerability concerns and ensure the Union’s climate and energy targets are met, in line with the deployment of technologies planned according to national energy and climate plans prepared by Member States.
Amendment 396 #
2023/0081(COD)
Proposal for a regulation
Recital 69
Recital 69
(69) At Union level, a Net-Zero Europe Platform, should be established, composed of the Member States and chaired by the Commission. The Net-Zero Europe PlatformEuropean Parliament should be invited to participate in the meetings of the Platform on a systematic basis. The Net-Zero Europe Platform should issue opinions concerning the recognition of projects as net-zero strategic projects, and may advise and assist the Commission and Member States on specific questions and provide a reference body, in which the Commission and Member States coordinate their action and facilitate the exchange of information on issues relating to this Regulation. The Net- Zero Europe Platform should further perform the tasks outlined in the different Articles of this Regulation, notably in relation to permitting, including one-stop shops, Net-Zero Strategic Projects, coordination of financing, access to markets and skills as well as innovative net-zero technologies regulatory sandboxes. Where necessary, the Platform may establish standing or temporary subgroups and should invite third parties, such as experts with relevant expertise and reasonable interest, such as from academia, trade unions, civil society, or representatives from net-zero industriesy.
Amendment 404 #
2023/0081(COD)
Proposal for a regulation
Recital 70
Recital 70
(70) As part of the Green Deal Industrial Plan the Commission announced its intention to conclude Net-Zero Industrial Partnerships covering net-zero technologies, to adopt net-zero technologies globally and to support the role of EU industrial capabilities in paving the way for the global clean energy transition. The Commission and Member States mayshould coordinate within the Platform the Partnerships, discussing existing relevant partnerships and processes, such as green partnerships, energy dialogues and other forms of existing bilateral contractual arrangements, as well as potential synergies with relevant Member States’ bilateral agreements with third countries.
Amendment 409 #
2023/0081(COD)
Proposal for a regulation
Recital 71
Recital 71
(71) The Union should aim to diversify international trade and investments in strategic net- zero technologies and to promote globally high social and environmental standards should be done in close cooperation and partnership with like-minded countries. Similarly, stronger research and innovation efforts to develop and deploy strategic net-zero technologies should be pursued in close cooperation with partner countries in an open but assertive approach.
Amendment 414 #
2023/0081(COD)
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
1. This Regulation establishes the framework of measures for ensuring a coordinated approach throughout the Union on innovating and scaling up the manufacturing capacity of commercially available strategic net-zero technologies in the Union to support the Union’s 2030 target of reducing net greenhouse gas emissions by at least 55 % relative to 1990 levels and the Union’s 2050 climate neutrality target, as defined by Regulation (EU) 2021/1119, and to ensurwhile taking due account of the priority objectives set out in Decision (EU) 2022/591, and to improve the Union’s access to a secure and sustainable supply of strategic net-zero technologies needed to safeguard the resilience of the Union’s energy systemtrenghten the European strategic autonomy and safeguard the resilience of the corresponding Union’s supply chains, and to contribute to the creation of quality jobs.
Amendment 422 #
2023/0081(COD)
Proposal for a regulation
Article 1 – paragraph 2 – introductory part
Article 1 – paragraph 2 – introductory part
2. To achieve the general objective referred to in paragraph 1, this Regulation contains measures with a view to ensuring that:
Amendment 427 #
2023/0081(COD)
Proposal for a regulation
Article 1 – paragraph 2 – point a
Article 1 – paragraph 2 – point a
a) that by 2030, manufacturing capacity in the Union of each of the strategic net- zero technologies listed in the Annex approaches or reaches a benchmark of at least 40% of the corresponding Union’s annual deployment needs for the corresponding technologies necessary to achieve the Union’s 2030 climate and energy targetsbased on the technological deployment planned across the Union according to the national energy and climate plans prepared and submitted by the Member States pursuant to Regulation (EU) 2018/1999;
Amendment 435 #
2023/0081(COD)
Proposal for a regulation
Article 1 – paragraph 2 – point a a (new)
Article 1 – paragraph 2 – point a a (new)
aa) the consistency with the Union’s climate and environmental targets and objectives, including: i) the ‘do no significant harm’ principle, within the meaning of Article 17 of Regulation (EU) 2020/852; ii) the precautionary principle established under Article 191 of the Treaty on the Functioning of the European Union; iii) early and effective public participation in accordance with Regulation (EC) 137/2006; iv) the 'energy efficiency first' principle, within the meaning of Article 2, point (18) of Regulation (EU) 2018/1999; v) complementary measures such as demand-side management, increased material efficiency and circularity, and in complementarity with the measures of the EU CRM Act concerning the critical raw materials.
Amendment 438 #
2023/0081(COD)
Proposal for a regulation
Article 1 – paragraph 2 – point b
Article 1 – paragraph 2 – point b
b) the free movement of strategic net- zero technologies placed on the Single market is guaranteed.
Amendment 444 #
2023/0081(COD)
Proposal for a regulation
Article 1 – paragraph 2 – point b a (new)
Article 1 – paragraph 2 – point b a (new)
ba) economic operators involved in the manufacturing of strategic net-zero technologies provide quality jobs with decent working conditions.
Amendment 455 #
2023/0081(COD)
Proposal for a regulation
Article 1 – paragraph 3
Article 1 – paragraph 3
3. Where, based on the report referred to in Article 35, the Commission concludes that the Union is unlikely not to achieve the objectives set out in paragraph 12 point a, it shall assess the feasibility and proportionality of proposing additional measures or exercising its powers at Union level in order to ensure the achievement ofincrease the likelihood of achieving those objectives.
Amendment 467 #
2023/0081(COD)
Proposal for a regulation
Article 2 – paragraph 1
Article 2 – paragraph 1
This Regulation applies to the strategic net-zero technologies as listed in the Annex and their respective key components thereof, except for Articles 26 and 27 of this Regulation, which apply to innovative net-zero technologies. Raw materials processed materials or components falling under the scope of Regulation (EU) …/… [add footnote with publication references of the Critical Raw Materials Regulation] shall be excluded from the scope of this Regulation.
Amendment 472 #
2023/0081(COD)
Proposal for a regulation
Article 2 – paragraph 1 a (new)
Article 2 – paragraph 1 a (new)
By [6 months after the entry into force of this Regulation] the Commission shall, by means of a delegated act adopted in accordance with Article 32, establish the list of key components for each of the strategic net-zero technology final products listed in the Annex and falling into the scope of this Regulation. The Commission is empowered to adopt delegated acts in accordance with Article 32 in order to amend the lists of key components, in particular to reflect technological progress or in light of the evolution of the dependence of the Union to imports from third countries.
Amendment 479 #
2023/0081(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point a
Article 3 – paragraph 1 – point a
(a) ‘net-zero technologies’ means renewable energy technologies66 ; electricity and heat storage technologies; heat pumps; grid technologies; renewable fuels of non-biological origin technologies; sustainable alternative fuels technologies67 ; electrolysers and fuel cells; advanced technologies to produce energy from nuclear processes with minimal waste from the fuel cycle, small modular reactors, and related best-in- class fuels; carbon capture, utilisation, and storage technologies; and energy- system related energy efficiency technologies. They refer to the final products, specific components and specific machinery primarily used for the production of those products. They shall have reached a technology readiness level of at least 8. _________________ 66 ‘renewable energy' means ‘renewable energy’ as defined in Directive (EU) 2018/2001 of the European Parliament and of the Council of 11 December 2018 on the promotion of the use of energy from renewable sources 67 ‘sustainable alternative fuels’ means fuels covered by the Proposal for a Regulation of the European Parliament and of the Council on ensuring a level playing field for sustainable air transport, COM/2021/561 final and by the Proposal for a Regulation of the European Parliament and Council on the use of renewable and low-carbon fuels in maritime transport COM/2021/562 finalstrategic net-zero technologies’ means the final products and specific key components thereof, belonging to the sets of technologies listed in the Annex. They shall have reached a technology readiness level of at least 8.
Amendment 519 #
2023/0081(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point b
Article 3 – paragraph 1 – point b
(b) ‘key component’ means a small part of an indispensable part or element of a strategic net-zero technology that is manufactured and traded by a company, starting from processed materials, for which the diversification of supply, the susbtitution and the increase of manufacturing are difficult due to various barriers, in particular market barriers stemming from intellectual property rights or a high level of qualification for its manufacturing, and heavy dependence on a single third country;
Amendment 531 #
2023/0081(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point c
Article 3 – paragraph 1 – point c
(c) ‘innovative strategic net-zero technologies’ means technologies which satisfy the definition of ‘strategic net-zero technologies’, except that they have not reached a technology readiness level of at least 8, and that comprise genuine innovation which substantially contribute to the achievement of the objectives of this Regulation through improved energy or resource efficiency, sustainability, circularity or reduced carbon impact, and which are not currently available on the market and are advanced enough to be tested in a controlled environment.;
Amendment 542 #
2023/0081(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point d
Article 3 – paragraph 1 – point d
(d) ‘net-zero technology manufacturing project’ means a planned industrial facility or extension or repurposing of an existing facility manufacturing strategic net-zero technologies for which a project promoter could submit an application to the Commission for the recognition of a specific project as net-zero strategic project;
Amendment 559 #
2023/0081(COD)
(e) ‘net-zero strategic project’ means a net-zero technology manufacturing projectplanned industrial facility or extension or repurposing of an existing facility manufacturing strategic net-zero technologies located in the Union that complies with the criteria set out in Article 10;
Amendment 564 #
2023/0081(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point f
Article 3 – paragraph 1 – point f
(f) ‘permit granting process’ means a process covering all relevant administrative permits to plan, build, expand and operate net-zero technology manufacturingstrategic projects, including building, chemical and grid connection permits and environmental assessments and authorisations where these are required, and encompassing all administrative applications and procedures from the acknowledgment of the validitycompleteness of the application to the notification of the comprehensive decision on the outcome of the procedure by the responsible national competent authority. It shall not include administrative appeal procedures and judicial remedies before a court or tribunal that may arise;
Amendment 566 #
2023/0081(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point g
Article 3 – paragraph 1 – point g
(g) ‘comprehensive decision’ means the decision or set of decisions taken by Member State authorities not including courts or tribunals that determines whether or not a project promoter is authorised to implement a net-zero technology manufacturingstrategic project, without prejudice to any decision taken in the context of an administrative appeal procedure;
Amendment 567 #
2023/0081(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point h
Article 3 – paragraph 1 – point h
(h) ‘project promoter’ means any undertaking or consortium of undertakings developing a net-zero technology manufacturing project orintending to develop a net-zero strategic project;
Amendment 571 #
2023/0081(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point i
Article 3 – paragraph 1 – point i
(i) ‘net-zero regulatory sandbox’ means a scheme that enablesproduces tangible policy learnings by enabling undertakings to test innovative strategic net-zero technologies in a controlled real-world environment, under a specific plan, developed and monitored by a competent authority., in full compliance with the precautionary principle as enshrined in the Article 191 TFEU;
Amendment 577 #
2023/0081(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point j
Article 3 – paragraph 1 – point j
(j) ‘technology readiness level’ means a method of estimating the maturity of technologies, according to the classification used by the International Energy Agency; Commission and defined in the General Annexes of the Horizon Europe work programme1a; _________________ 1a https://ec.europa.eu/info/funding- tenders/opportunities/docs/2021- 2027/horizon/wp-call/2023-2024/wp-13- general-annexes_horizon-2023- 2024_en.pdf
Amendment 580 #
2023/0081(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point q
Article 3 – paragraph 1 – point q
(q) ‘CO2 injection capacity’ means the annual amount of CO2 that can be injected in an operational geological storage site for its permanent storage, permitted under Directive 2009/31/EC, with the purpose to reduce emissions or increase carbon removals, in particular from large scale industrial installations and in line with the 'Do No Significant Harm' principle within the meaning of Article 17 of Regulation (EU) 2020/852, with the purpose to safely, sustainably and permanently store unavoidable CO2 emissions or increase atmospheric carbon removals, and which is measured in tonnes per annum;
Amendment 587 #
2023/0081(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point q a (new)
Article 3 – paragraph 1 – point q a (new)
(qa) ‘unavoidable CO2 emissions’ means the amount of CO2 emissions generated by heavy industrial installations for which no direct emissions reduction options are already available given the current state-of-the-art and its foreseeable evolution in the near future, taking into account the potential of material substitution and circular economy;
Amendment 588 #
2023/0081(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point r
Article 3 – paragraph 1 – point r
(r) ‘energy system integration’ means solutions for the planning and operating of the energy system as a whole, across multiple energy carriers, infrastructures, and consumption sectors, by creating stronger links between them with the objective of delivering fossil-free, reliable and resource-efficient energy services, at the least possible cost for society. and at the lowest negative impact on environment and citizens;
Amendment 590 #
2023/0081(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point s
Article 3 – paragraph 1 – point s
(s) ‘manufacturing capacity’ means the total amountmaximum potential of output capacity of the strategic net- zero technologies produced in a manufacturing project. If the manufacturing project does not produce final products but specific components or specific machinery primarily used for the production of such products, then manufacturing capacity refers towhen it refers to the final products, or the maximum potential output capacity of the final products that would use such comis made possible by the maximum pontents or specific machinery to be produced.ial output capacity of specific key components;
Amendment 591 #
2023/0081(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point s a (new)
Article 3 – paragraph 1 – point s a (new)
(sa) 'quality job' means a job providing decent wages, ensuring work security via standard employment contract and access to social protection, giving access to good quality lifelong learning opportunities, securing good working conditions in safe and healthy workplaces, including a reasonable working time with good work- life balance, while ensuring trade union representation and bargaining rights;
Amendment 608 #
2023/0081(COD)
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
1. By …[3 months after the date of entry into force of this Regulation], Member States shall designate or set up one national competent authority which shall be responsible for facilitating and coordinating the permit-granting process for net-zero technology manufacturing projects, including for net-zero strategic projects, and to provide advice on reducing administrative burden in line with Article 5provisions in line with Article 5 ("designated authority").
Amendment 619 #
2023/0081(COD)
Proposal for a regulation
Article 4 – paragraph 2
Article 4 – paragraph 2
2. The national competent authority referred to in paragraph 1designated authority shall be the sole point of contact for the project promoter in the permit-granting process leading to a comprehensive decision for a given project and shall coordinate the submission requests of all relevant documents and information.
Amendment 624 #
2023/0081(COD)
Proposal for a regulation
Article 4 – paragraph 3 – introductory part
Article 4 – paragraph 3 – introductory part
3. The responsibilities of the national competent authority referred to in paragraph 1designated authority or the tasks related to it may be delegated to, or carried out by, another authority, for any given project, provided that:
Amendment 625 #
2023/0081(COD)
Proposal for a regulation
Article 4 – paragraph 3 – point a
Article 4 – paragraph 3 – point a
(a) the national competentdesignated authority notifies the project promoter of that delegation;
Amendment 627 #
2023/0081(COD)
Proposal for a regulation
Article 4 – paragraph 3 – point c
Article 4 – paragraph 3 – point c
(c) a single authority coordinates the submission requests of all relevant documents and information.
Amendment 637 #
2023/0081(COD)
Proposal for a regulation
Article 4 – paragraph 5
Article 4 – paragraph 5
5. The national competentdesignated authority shall take into consideration any valid studies conducted, and permits or authorisations issued, for a given project before the project entered the permit- granting process in accordance with this Article and shall not require duplicate studies and permits or authorisations, unless otherwise required under Union law.
Amendment 643 #
2023/0081(COD)
Proposal for a regulation
Article 4 – paragraph 6
Article 4 – paragraph 6
6. The national competent authorityMember States shall ensure that applicants have easy access to information on and simple procedures for the settlement of disputes concerning the permit-granting process and the issuance of permits to construct or expand projects, including, where applicable, alternative dispute resolution mechanisms.
Amendment 648 #
2023/0081(COD)
Proposal for a regulation
Article 4 – paragraph 7
Article 4 – paragraph 7
7. Member States shall ensure that all the national competent authorityies responsible for the entirany step along the permit- granting processes, including all procedural steps, hasincluding the authorities concerned, have a sufficient number of qualified staff and sufficient financial, technical and technological resources necessary, including for up- and re-skilling, for the effective performance of its tasks under this Regulation without undermining the quality of the required assessments.
Amendment 660 #
2023/0081(COD)
Proposal for a regulation
Article 5 – paragraph 1 – introductory part
Article 5 – paragraph 1 – introductory part
Member States and the Commission shall provide the following information on administrative processes relevant to net- zero technology manufacturing projects, including net -zero strategic projects, online and in a centralised, free and easily accessible manner:
Amendment 664 #
2023/0081(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point c
Article 5 – paragraph 1 – point c
(c) funding possibilities at Union orand Member State level;
Amendment 667 #
2023/0081(COD)
Proposal for a regulation
Article 6 – title
Article 6 – title
Duration of the permit-granting process for net-zero strategic projects
Amendment 677 #
2023/0081(COD)
Proposal for a regulation
Article 6 – paragraph 1 – introductory part
Article 6 – paragraph 1 – introductory part
1. The permit-granting process for net-zero technology manufacturingstrategic projects shall not exceed any of the following time limits:
Amendment 682 #
2023/0081(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point a
Article 6 – paragraph 1 – point a
(a) 12 months for the construction of net-zero technology manufacturing projects with a yearly manufacturing capacity of less than 1 GW;
Amendment 691 #
2023/0081(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point b
Article 6 – paragraph 1 – point b
(b) 18 months for the construction of net-zero technology manufacturing projects, with a yearly manufacturing capacity of more than 1 GW.;
Amendment 696 #
2023/0081(COD)
(ba) 18 months for all necessary permits to operate, in accordance with Directive 2009/31/EC, a priority storage site as referred to in Article 17(3) point d;
Amendment 704 #
2023/0081(COD)
Proposal for a regulation
Article 6 – paragraph 2
Article 6 – paragraph 2
2. For net-zero technology manufacturingstrategic projects for which a yearly manufacturing capacity is not measured in GW, the permit-granting process shall not exceed a time limit of 18 months.
Amendment 705 #
2023/0081(COD)
Proposal for a regulation
Article 6 – paragraph 3
Article 6 – paragraph 3
3. For the expansion of manufacturing capacity in existing manufacturing facilities, the time limits referred to in paragraph 1 and 2 shall be halved, provided that the project of expansion does not represent more than 50 % of the manufacturing capacity of the existing facilities and that the expansion only involves brownfield sites.
Amendment 708 #
2023/0081(COD)
Proposal for a regulation
Article 6 – paragraph 4 – subparagraph 1
Article 6 – paragraph 4 – subparagraph 1
In exceptional cases, where the nature, complexity, location or size of the proposed project so requires, competent authorities may extend the time limits referred to in paragraph 1 and 2this Article may be extended by a maximum of 13 months before their expiry and on a case-by-case basis.
Amendment 710 #
2023/0081(COD)
Proposal for a regulation
Article 6 – paragraph 4 – subparagraph 2
Article 6 – paragraph 4 – subparagraph 2
Where competent authorities consider that the proposed project raises exceptional risks for the health and safety of workers or of the general population, and where additional time is necessary to establish that adequate safeguards are put in place, they may extend those time limits by a further 612 months, before their expiry and on a case-by-case basis.
Amendment 713 #
2023/0081(COD)
Proposal for a regulation
Article 6 – paragraph 5
Article 6 – paragraph 5
5. In either such event, the competentdesignated authority shall inform the project promoter of the reasons for the extension and of the date when the comprehensive decision is expected in writing.
Amendment 715 #
2023/0081(COD)
Proposal for a regulation
Article 6 – paragraph 6
Article 6 – paragraph 6
6. No later than one month following the receipt of the permit-granting application, competent authorities shall validateassess the completeness of the application or, if the project promoter has not sent all the information required to process an application, the designated authority shall request the project promoter to submit a complete application within fourteen days from that request. The date of the acknowledgement of the validitycompleteness of the application by the national competent authority referred to in Article 4(1)designated authority shall serve as the start of the permit granting process.
Amendment 717 #
2023/0081(COD)
Proposal for a regulation
Article 6 – paragraph 7
Article 6 – paragraph 7
7. No later than one3 months following the date of the acknowledgement of the validitycompleteness of the application, the national competentdesignated authority shall draw up, in close cooperation with the project promoter and other authorities concerned, a detailed schedule for the permit granting process. The schedule shall be published by the national competent authority referred to in Article 4(1)designated authority on a free access website.
Amendment 719 #
2023/0081(COD)
Proposal for a regulation
Article 6 – paragraph 7 a (new)
Article 6 – paragraph 7 a (new)
7a. All decisions taken by national authorities shall be made publicly available on a free and easily accessible webpage hosted on the Commission’s website.
Amendment 738 #
2023/0081(COD)
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. When preparing plans, including zoning, spatial plans and land use plans, national, regional and local authorities, in cooperation with social partners and civil society organisations in the respective territory, shall, where appropriate, include in those plans provisions for the development of net-zero technology manufacturing projects, including net-zero strategic projects. Priority shall be given to artificial and built surfaces, industrial sites, and brownfield sites, and, where appropriate. Areas designated as special areas of conservation under Directive 92/43/EEC, gareenfield sites not usable for agriculture and forestryas for restoration measures referred to in [COM/2022/304 final Nature Restoration Law], special protection areas referred to in Directive 2009/147/EC, protected areas referred to in Directive 2000/60/EC, fish stock recovery areas referred to in Regulation (EU) 1380/2013, and protected areas referred to in Directive 2008/56/EC shall be excluded from those plans.
Amendment 771 #
2023/0081(COD)
Proposal for a regulation
Article 10 – paragraph -1 (new)
Article 10 – paragraph -1 (new)
-1. Any promoter of a project located on the territory of the Union related to manufacturing of a strategic net-zero technology listed in Annex may submit an application to the Commission for the recognition of a specific project as a net- zero strategic project.
Amendment 776 #
2023/0081(COD)
Proposal for a regulation
Article 10 – paragraph 1 – introductory part
Article 10 – paragraph 1 – introductory part
1. Member States shall recognise as net-zero strategic projects net-zero technology manufacturing projects corresponding to a technology listed in the Annex and located in the Union that contributes to the realisation of the objectives set out in Article 1 of this Regulation and meet at least one ofThe applications shall be assessed by the Commission on the basis of the contribution of the project to the realisation of the objectives set out in Article 1 of this Regulation through positive impact beyond the project promoter and the Member States concerned, contributing to the competitiveness and quality job creation in the Union, according to the following cumulative criteria:
Amendment 777 #
2023/0081(COD)
Proposal for a regulation
Article 10 – paragraph 1 – point a
Article 10 – paragraph 1 – point a
Amendment 787 #
2023/0081(COD)
Proposal for a regulation
Article 10 – paragraph 1 – point b – point i
Article 10 – paragraph 1 – point b – point i
(i) it adds significant manufacturing capacity in the Union for strategic net-zero technologies;
Amendment 789 #
2023/0081(COD)
Proposal for a regulation
Article 10 – paragraph 1 – point b – point ii
Article 10 – paragraph 1 – point b – point ii
(ii) it manufactures technologies with improved environmental sustainability and performancecircularity features, in particular with regard to the reuse and recycling, and improved performance compared to the state-of-the-art in the Union;
Amendment 794 #
2023/0081(COD)
Proposal for a regulation
Article 10 – paragraph 1 – point b – point iii
Article 10 – paragraph 1 – point b – point iii
(iii) it puts into place measures to attract, retain, upskill orand reskill a workforce required for strategic net-zero technologies, including through apprenticeships, in close cooperation with social partners, and better working conditions;
Amendment 798 #
2023/0081(COD)
Proposal for a regulation
Article 10 – paragraph 1 – point b – point iv
Article 10 – paragraph 1 – point b – point iv
(iv) it adopts comprehensive low- carbonzero- emission, resource-efficient and circular manufacturing practices, including waste heat recovery, energy and material efficiency, with carbon and resource footprints significantly lower than the industry average.
Amendment 827 #
2023/0081(COD)
Proposal for a regulation
Article 10 – paragraph 2 – introductory part
Article 10 – paragraph 2 – introductory part
2. Member StatesThe Commission shall recognise as net-zero strategic projects CO2 storage projects that meet the following cumulative criteria:
Amendment 836 #
2023/0081(COD)
Proposal for a regulation
Article 10 – paragraph 2 – point b
Article 10 – paragraph 2 – point b
(b) the CO2 storage project contributes to reaching the objective set out in Article 16 and in accordance with Articles 17 and 18;
Amendment 846 #
2023/0081(COD)
Proposal for a regulation
Article 10 – paragraph 2 – point c a (new)
Article 10 – paragraph 2 – point c a (new)
(ca) the CO2 storage project is part of the priority list identified pursuant to Article 17 (3) point d.
Amendment 851 #
2023/0081(COD)
Proposal for a regulation
Article 10 – paragraph 3
Article 10 – paragraph 3
3. Net-zero technology manufacturing projects corresponding to a technology listed in the Annex located in ‘less developed and transition regions’ and Just Transition Fund Territories and eligible for funding under cohesion policy rules, shall be recognised by Member Statesthe Commission as net- zero strategic projects under Article 11(3) upon request of the project promoter without the project promoter having to submit a formal application under Article 11(2).
Amendment 856 #
2023/0081(COD)
Proposal for a regulation
Article 10 – paragraph 4
Article 10 – paragraph 4
4. A net-zero technology manufacturing project located in the Union that contributes to the realisation of the objectives set out in Article 1(1) and that either benefits from the ETS Innovation Fund, or is part of Important Projects of Common European Interest, European Hydrogen Valleys, or of the Hydrogen Bank, when the funds support investment in manufacturing capacities corresponding to a technology listed in the Annexstrategic net-zero technology, shall be recognised by Member Statethe Commission as as net- zero strategic project under Article 11(3) upon request of the project promoter without the project promoter having to submit a formal application under Article 11(2).
Amendment 864 #
2023/0081(COD)
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
1. Applications for recognition of net- zero technology manufacturing projects as net-zero strategic projects shall be submitted by the project promoter to the relevant Member StateCommission.
Amendment 868 #
2023/0081(COD)
Proposal for a regulation
Article 11 – paragraph 2 – point b a (new)
Article 11 – paragraph 2 – point b a (new)
(ba) the potential of creation of direct jobs expected from the project and the corresponding hiring, training, reskilling and upskilling plan to ensure the successful implementation of the project, and the specific measures planned for the promotion of gender equality and diversity.
Amendment 869 #
2023/0081(COD)
Proposal for a regulation
Article 11 – paragraph 2 a (new)
Article 11 – paragraph 2 a (new)
2a. The Net-Zero Europe Platform referred to in Article 28 (‘the Platform’) shall, based on a fair and transparent process, discuss and issue an opinion on the completeness of the application and whether the proposed project fulfils the criteria set out in Article 10(1) or Article 10(2).
Amendment 871 #
2023/0081(COD)
Proposal for a regulation
Article 11 – paragraph 3
Article 11 – paragraph 3
3. Member States shall assess the application referred to in paragraph 1 through a fair and transparent process within a month. The absence of a decision by Member States within that time frame shall constitute an approval ofThe Commission shall, taking account of the Platform's opinion referred to in paragraph 2a, adopt its decision on the recognition of the project as net-zero strategic project within 60 days and notify the applicant thereof. The Commission's decision shall be reasoned, including, where applicable, where it is different from the Platform's opinion. The Commission shall share its reasons with the Platform and the European Parliament, as well as with the project promoter.
Amendment 873 #
2023/0081(COD)
Proposal for a regulation
Article 11 – paragraph 4
Article 11 – paragraph 4
Amendment 877 #
2023/0081(COD)
Proposal for a regulation
Article 11 – paragraph 5
Article 11 – paragraph 5
Amendment 879 #
2023/0081(COD)
Proposal for a regulation
Article 11 – paragraph 6
Article 11 – paragraph 6
6. Where the Commission or a Member State finds that a net-zero strategic project has undergone substantial changes or that it no longer fulfils the criteria set out in Article 10(1) or 10(32), or where its recognition was based on an application containing incorrect information, it shall inform the project promoter concerned. After hearing the project promoter, the Member StateCommission may repeal theits decision of granting a project the status of net-zero strategic project.
Amendment 882 #
2023/0081(COD)
Proposal for a regulation
Article 11 – paragraph 7
Article 11 – paragraph 7
7. Projects which are no longer recognised as net-zero strategic projects shall lose all rights connected to that status under this Regulation.
Amendment 892 #
2023/0081(COD)
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
1. Project promoters and aAll authorities that, under national law, are competent to issue various permits and authorisations related to the planning, design and construction of immovable assets, including energy infrastructure, shall ensure that for net-zero strategic projects those processes are treated in the most rapid way possible in accordance with Union and national law.
Amendment 895 #
2023/0081(COD)
Proposal for a regulation
Article 12 – paragraph 3
Article 12 – paragraph 3
Amendment 905 #
2023/0081(COD)
Proposal for a regulation
Article 13
Article 13
Amendment 940 #
2023/0081(COD)
Proposal for a regulation
Article 14 – paragraph 1
Article 14 – paragraph 1
1. The Commission and the Member States shall undertake activities to accelerate and crowd-in private investments in net-zero strategic projects. Such activities may, without prejudice to Article 107 and Article 108 of the TFEU, include providing and coordinating support to net-zero strategic projects facing difficulties in accessing finance. In order to prevent fragmentation of the Single Market, the Commission shall draw on resources from the upcoming EU Sovereignty Fund to support the net-zero strategic projects. One-off exceptional national contributions, using the share of industry in GDP for their allocation key, shall contribute to the financial envelope of this Fund.
Amendment 946 #
2023/0081(COD)
Proposal for a regulation
Article 14 – paragraph 1 a (new)
Article 14 – paragraph 1 a (new)
1a. The support referred to in paragraph 1 shall be conditional on stringent environmental, social and labour commitments taken by the relevant project promoters, including in the form of decarbonisation plans, labour reskilling plans, commitment to effective social dialogue and collectively negotiated wages, high quality apprenticeships and decent working conditions.
Amendment 950 #
2023/0081(COD)
Proposal for a regulation
Article 14 – paragraph 2 – introductory part
Article 14 – paragraph 2 – introductory part
2. Member States mayshall provide administrative support to net-zero strategic projects located on their territory, to facilitate their rapid and effective implementation, including by providing:
Amendment 959 #
2023/0081(COD)
Proposal for a regulation
Article 14 – paragraph 2 – point b
Article 14 – paragraph 2 – point b
(b) assistance to project promoters to further increase the public acceptance ofarticipation in and consultation of the stakeholders concerned by the project.
Amendment 960 #
2023/0081(COD)
Proposal for a regulation
Article 14 – paragraph 2 – point b a (new)
Article 14 – paragraph 2 – point b a (new)
(ba) assistance to project promoters along the permit-granting process, in particular for small and medium-sized enterprises.
Amendment 989 #
2023/0081(COD)
Proposal for a regulation
Article 15 – paragraph 2 – introductory part
Article 15 – paragraph 2 – introductory part
2. The Net-Zero Europe Platform shall, at the request of the net-zero strategic project promoter, discuss and advise on how the financing of its project can be completed, taking into account the funding already secured and considering at least the following elements:
Amendment 1005 #
2023/0081(COD)
Proposal for a regulation
Article 16 – title
Article 16 – title
Union level objective of CO2 injection capacity for unavoidable CO2 emissions
Amendment 1010 #
2023/0081(COD)
Proposal for a regulation
Article 16 – paragraph 1
Article 16 – paragraph 1
An annual CO2 injection capacity of at least 50 million tonnes of CO2 shall be achieved by 2030,shall be achieved by 2030, in line with the needs for the permanent storage of domestic unavoidable CO2 emissions in storage sites located in the territory of the European Union, its exclusive economic zones or on its continental shelf within the meaning of the United Nations Convention on the Law of the Sea (UNCLOS) and which are not, pursuant to Article 17, paragraph 3, point d. These storage sites shall not be combined with Enhanced Hydrocarbon Recovery (EHR).
Amendment 1031 #
2023/0081(COD)
Proposal for a regulation
Article 17 – title
Article 17 – title
Transparency and adequacy of CO2 storage capacity data
Amendment 1037 #
2023/0081(COD)
Proposal for a regulation
Article 17 – paragraph 1 – point b
Article 17 – paragraph 1 – point b
(b) oblige entities holding an authorisation as defined in Article 1, point 3, of Directive 94/22/EC of the European Parliament and of the Council71 on their territory to make publicly available all geological data relating to production sites that have been decommissioned or whose decommissioning has been notified to the competent authority, and preliminary economic assessments of the respective costs of enabling CO2 injection on each site, as well as whether each site is suitable for sustainably, safely and permanently injecting and storing CO2 . _________________ 71 Directive 94/22/EC of the European Parliament and of the Council of 30 May 1994 on the conditions for granting and using authorizations for the prospection, exploration and production of hydrocarbons (OJ L 164, 30.6.1994, p. 3).
Amendment 1043 #
2023/0081(COD)
Proposal for a regulation
Article 17 – paragraph 1 – point c
Article 17 – paragraph 1 – point c
(c) For the purposes of point (a), the data shall include at least the information requested in the Commission Notice on the Guidance to Member States for the update of the 2021-2030 National Energy and Climate Plans and its subsequent updates.
Amendment 1049 #
2023/0081(COD)
Proposal for a regulation
Article 17 – paragraph 2 – point a
Article 17 – paragraph 2 – point a
(a) a mapping of CO2 capture projects in progressrelated to the capture of unavoidable CO2 emissions in progress on its territory and an estimation of the corresponding needs for injection and storage capacities;
Amendment 1054 #
2023/0081(COD)
Proposal for a regulation
Article 17 – paragraph 2 – point b
Article 17 – paragraph 2 – point b
(b) a mapping of CO2 storage projects in progress on its territory, including the status of permitting under Directive 2009/31/EC, expected dates for Final Investment Decision (FID) and entry into operation;
Amendment 1058 #
2023/0081(COD)
Proposal for a regulation
Article 17 – paragraph 2 – point c
Article 17 – paragraph 2 – point c
(c) the national support measures that have been, or could be, adopted to prompt projects referred to in points (a) and (b), and the envisaged measures to ensure that each project fulfils the 'do no significant harm' principle within the meaning of Article 17 of Regulation (EU) 2020/852.
Amendment 1075 #
2023/0081(COD)
Proposal for a regulation
Article 17 – paragraph 2 a (new)
Article 17 – paragraph 2 a (new)
2a. The reports referred to in paragraph 2 shall be made publicly available.
Amendment 1076 #
2023/0081(COD)
Proposal for a regulation
Article 17 – paragraph 2 b (new)
Article 17 – paragraph 2 b (new)
Amendment 1077 #
2023/0081(COD)
Proposal for a regulation
Article 17 – paragraph 2 c (new)
Article 17 – paragraph 2 c (new)
2c. By 12 months from the entry into force of this Regulation and every 12 months thereafter, the Commission shall publish a CO2 storage and injection capacity adequacy assessment, using notably the information collected pursuant to Article 17(2) and to Article 18 (6). This adequacy assessment shall: (a) provide a detailed analysis of the geographical and temporal adequacies between the existing and planned CO2 storage sites and the CO2 capture projects for unavoidable CO2 emissions from industrial installations within the Union; (b) identify the main infrastructure needed for the transportation and storage of unavoidable CO2 emissions from industrial installations, in the most environmentally and socially responsible as well as the most cost-efficient manner, throughout the Union; (c) establish the reference target of necessary CO2 injection capacity to be developed in the Union to enable the permanent storage of unavoidable CO2 emissions from industrial installations by 2030, and the corresponding list of identified storage sites to be developed in priority (‘priority storage sites’).
Amendment 1078 #
2023/0081(COD)
Proposal for a regulation
Article 17 – paragraph 2 d (new)
Article 17 – paragraph 2 d (new)
2d. By [2 years after the entry into force of this Regulation], the Commission shall adopt a legislative proposal concerning the modalities, economic terms and conditions, related to the open, fair and non-discriminatory access to the CO2 transport infrastructure and to the CO2 storage sites for the unavoidable CO2 emissions, to the safety of the CO2 storage and transport network, and implementing specific environmental standards on CO2 transport and storage.
Amendment 1083 #
2023/0081(COD)
Proposal for a regulation
Article 18 – title
Article 18 – title
Contribution of authorised oil and gas producerfossil fuel companies
Amendment 1086 #
2023/0081(COD)
Proposal for a regulation
Article 18 – paragraph 1
Article 18 – paragraph 1
1. Each entity holding an authorisation as defined in Article 1, point 3, of Directive 94/22/ECconomic operator offering to sell petroleum products, natural gas or coal on the Union market shall be subject to an individual contribution to the Union- wide target for available CO2 injection capacity set in Article 16pursuant to Article 17(3), point (d). Those individual contributions shall be calculated pro-rata on the basis of each entity’s share in the Union’s crude oil and natural gas productiongreenhouse gas emissions stemming from the combustion of the volumes of fossil fuels products offered on the Union market from 1 January 2021990 to 31 December 2023 and shall consist of CO2 injection capacity in apriority storage sites permitted in accordance with Directive 2009/31/EC on the geological storage of carbon dioxide and available to the market by 2030.
Amendment 1096 #
2023/0081(COD)
Proposal for a regulation
Article 18 – paragraph 2
Article 18 – paragraph 2
2. Within three months of the entry into force of this Regulation, Member States shall, identify and report to the European Commission the entities referred to in paragraph 1 and their volumes in crude oil and, natural gas productionand coal placed on the Union market from 1 January 2021990 to 31 December 2023.
Amendment 1103 #
2023/0081(COD)
Proposal for a regulation
Article 18 – paragraph 3
Article 18 – paragraph 3
3. FWithin 6 months following the receipt of the reports submitted pursuant to Article 17 (2), the Commission after having consulted Member States and interested parties, shall specifyshall specify and make publicly available the share of the contribution to the Union CO2 injection capacity objective by 2030 from entities referred to in paragraph 1.
Amendment 1106 #
2023/0081(COD)
Proposal for a regulation
Article 18 – paragraph 4 – introductory part
Article 18 – paragraph 4 – introductory part
4. Within twelve months of the entry into force of the Regulation, the entities referred to in paragraph 1 shall submit to the Commission a plan detailing how they intend to meet their individual contribution to the Union CO2 injection capacity objective by 2030 referred to in Article 17(3), point (d). Those plans shall:
Amendment 1119 #
2023/0081(COD)
Proposal for a regulation
Article 18 – paragraph 4 – subparagraph 1 (new)
Article 18 – paragraph 4 – subparagraph 1 (new)
These plans shall be made publicly available.
Amendment 1125 #
2023/0081(COD)
Proposal for a regulation
Article 18 – paragraph 5 – point a
Article 18 – paragraph 5 – point a
(a) invest in, or develop, CO2 storage projects alone or in co-operation;
Amendment 1141 #
2023/0081(COD)
Proposal for a regulation
Article 18 – paragraph 6
Article 18 – paragraph 6
6. Two years after the entry into force of the Regulation and every year thereafter, the entities referred to in paragraph 1 shall submit a report to the Commission detailing their progress and related investment towards meeting their individual contribution. The Commission shall make these reports public.
Amendment 1156 #
2023/0081(COD)
Proposal for a regulation
Article 18 – paragraph 7 – point b a (new)
Article 18 – paragraph 7 – point b a (new)
(ba) to lay down rules on dissuasive penalties applicable to the entities referred to in paragraph 1 in case of non- compliance with the provisions of this Article.
Amendment 1173 #
2023/0081(COD)
Proposal for a regulation
Article 19 – paragraph 1
Article 19 – paragraph 1
1. Contracting authorities or contracting entities shall base the award of contracts for strategic net-zero technology listed in the Annex in a public procurement procedure on the most economically advantageous tender, which shall include the best price-quality ratio, comprising at least the sustainability and resilience contribution of the tender, in compliance with Directives 2014/23/EU, 2014/24/EU, or 2014/25/EU and applicable sectoral legislation, as well as with the Union’s international commitments, including the GPA and other international agreements by which the Union is bound.
Amendment 1185 #
2023/0081(COD)
Proposal for a regulation
Article 19 – paragraph 2 – point a
Article 19 – paragraph 2 – point a
(a) environmental and social sustainability going beyond the minimum requirements in applicable legislation;
Amendment 1200 #
2023/0081(COD)
Proposal for a regulation
Article 19 – paragraph 2 – point d
Article 19 – paragraph 2 – point d
(d) the tender’s contribution to resilience, taking into account the proportion of the products and of its key components originating from a single source of supply, as determined in accordance with Regulation (EU) No 952/2013 of the European Parliament and of the Council72 , from which more than 65% of the supply for that specific strategic net-zero technology within the Union originates in the last year for which data is available for when the tender takes place, taking also into account the level of concentration of the respective supply chain at global level. _________________ 72 Regulation (EU) No 952/2013 of the European Parliament and of the Council of 9 October 2013 laying down the Union Customs Code (OJ L 269, 10.10.2013, p. 1).
Amendment 1223 #
2023/0081(COD)
Proposal for a regulation
Article 19 – paragraph 3
Article 19 – paragraph 3
3. Contracting authorities and contracting entities shall give the tender’s sustainability and resilience contribution a weight between 15% andrespective weight of at least 30% of the award criteria, without prejudice of the application of Article 41 (3) of Directive 2014/23/EU, Article 67 (5) of Directive 2014/24/EU or Article 82 (5) of Directive 2014/25/EU for giving a higher weighting to the criteria referred to in paragraph 2, points (a) and (b).
Amendment 1235 #
2023/0081(COD)
Proposal for a regulation
Article 19 – paragraph 4
Article 19 – paragraph 4
4. The contracting authority or the contracting entity shall not be obliged to applybase the contract on the considerations relating to the sustainability and resilience contribution of strategic net-zero technologies where their application would oblige that authority or entity to acquire equipment having disproportionate costs, or technical characteristics different from those of existing equipment, resulting in incompatibility, technical difficulties in operation and maintenance. Cost differences above 130% may be presumed by contracting authorities and contracting entities to be disproportionate.This provision shall be without prejudice of the possibility to exclude abnormally low tenders under Article 69 of Directive 2014/24/EU and Article 84 of Directive 2014/25/EU, and without prejudice to other contract award criteria according to the EU legislation, including social aspects according to Articles 30 (3) and 36 (1), second intent of Directive 2014/23/EU, Articles 18 (2) and 67 (2) of Directive 2014/24/EU and Articles 36 (2) and 82 (2) of Directive 2014/24/EU.
Amendment 1243 #
2023/0081(COD)
Proposal for a regulation
Article 19 – paragraph 4 a (new)
Article 19 – paragraph 4 a (new)
4a. When cost differences are below 10%, the contracting authority or the contracting entity shall award the contract to the tender exhibiting the highest sustainability contribution.
Amendment 1258 #
2023/0081(COD)
Proposal for a regulation
Article 20 – paragraph 2
Article 20 – paragraph 2
2. The sustainability and resilience contribution shall be given a weight between 15% andrespective weight of at least 30% of the award criteria, without prejudice of the possibility to give a higher weighting to the criteria in Article 19(2), points (a) and (b), where applicable under Union legislation, and of any limit for non-price criteria set under State aid rules.
Amendment 1267 #
2023/0081(COD)
Proposal for a regulation
Article 20 – paragraph 3
Article 20 – paragraph 3
3. The Member States, regional or local authorities, bodies governed by public law or associations formed by one or more such authorities or one or more such bodies governed by public law shall not be obliged to apply the considerations relating to the sustainability and resilience contribution of strategic net-zero technologies where their application would oblige those entities to acquire equipment having disproportionate costs, or technical characteristics different from those of existing equipment, resulting in incompatibility, technical difficulties in operation and maintenance. Cost differences above 130% may be presumed by contracting authorities and contracting entities to be disproportionate.
Amendment 1273 #
2023/0081(COD)
Proposal for a regulation
Article 20 – paragraph 3 a (new)
Article 20 – paragraph 3 a (new)
3a. When cost differences are below 10%, the contracting authority or the contracting entity shall award the contract to the tender exhibiting the highest sustainability contribution.
Amendment 1283 #
2023/0081(COD)
Proposal for a regulation
Article 21 – paragraph 1
Article 21 – paragraph 1
1. Without prejudice to Articles 107 and 108 of the Treaty and Article 4 of Directive 2018/200173 and in line with the Union’s international commitments, when deciding to set up schemes benefitting households or consumers which incentivise the purchase of strategic net-zero technology final products listed in the Annex, Member States, regional or local authorities, bodies governed by public law or associations formed by one or more such authorities or one or more such bodies governed by public law, shall design them in such a way as to promote the purchase by beneficiaries of net-zero technology final products with a high sustainability and resilience contribution as referred in Article 19(2), by providing additional proportionate financial compensation. _________________ 73 Directive 2018/2001 of the European Parliament and of the Council of 11 December 2018 on the promotion of the use of energy from renewable sources
Amendment 1292 #
2023/0081(COD)
Proposal for a regulation
Article 21 – paragraph 2
Article 21 – paragraph 2
2. The additional financial compensation granted by authorities in accordance with paragraph 1, due to the application of the criteria referred to in Article 19(2) (b) (c) and (d) shall not exceed 5 30% of the cost of the net-zero technology final product for the consumer. The additional financial compensation shall be specifically addressed at consumers in energy poverty or at risk of energy poverty, as defined per regulation (EU) 2023/955.
Amendment 1296 #
2023/0081(COD)
Proposal for a regulation
Article 21 – paragraph 3
Article 21 – paragraph 3
3. When designing and implementing a scheme falling under paragraph 1, the authority shall base itself on an open, non- discriminatory and transparent process to assess the resilience and sustainability contribution of available products on the market. Any strategic net-zero technology final product shall be entitled to apply to join the scheme at any time. The authority shall specify a pass mark for products to be eligible to the additional financial compensation under the support scheme.
Amendment 1298 #
2023/0081(COD)
Proposal for a regulation
Article 21 – paragraph 4
Article 21 – paragraph 4
4. Member States shall publish on a single free access website all information relating to schemes pursuant to Article 21(1) for each relevant strategic net-zero technology product.
Amendment 1300 #
2023/0081(COD)
Proposal for a regulation
Article 22 – paragraph 1
Article 22 – paragraph 1
1. Where relevant, tThe Commission shall provide guidance on the criteria to assess the resilience and sustainability contribution of available products covered by the forms of public intervention covered under articles 19, 20 and 21. To this purpose, by [9 months after the entry into force of this Regulation], the Commission shall issue guidelines to facilitate the application of Articles 19, 20, and 21 by contracting authorities and contracting entities.
Amendment 1306 #
2023/0081(COD)
Proposal for a regulation
Article 22 – paragraph 2
Article 22 – paragraph 2
2. The Commission shall make available and regularly update a list of each of the strategic net-zero technology final products listed in the Annex and the respective key components, broken down by the share of Union supply originating in different third countries in the last year for which data is available.
Amendment 1309 #
2023/0081(COD)
Proposal for a regulation
Article 22 – paragraph 3
Article 22 – paragraph 3
3. The Net-Zero Europe Platform shall discuss measures carried out by Member States to implement Articles 19 and 21 and exchange best practices, inter alia, as concerns the practical use of criteria defining the sustainability and resilience contribution in public procurement, or schemes incentivising the purchase of strategic net-zero technology final products.
Amendment 1353 #
2023/0081(COD)
Proposal for a regulation
Article 26 – paragraph -1 (new)
Article 26 – paragraph -1 (new)
-1. By [3 months after the date of entry into force of this Regulation], Member States shall designate or set up one national competent authority which shall be responsible for the net-zero regulatory sandboxes. This authority shall be the sole contact point for any grouping of organisations willing to request the establishment of a net-zero regulatory sandbox pursuant to this Article.
Amendment 1355 #
2023/0081(COD)
Proposal for a regulation
Article 26 – paragraph 1
Article 26 – paragraph 1
1. Member States may at their own initiative establish net- zero regulatory sandboxes, allowing for the development, related to the testing and validation of innovative strategic net- zero technologies, in a controlled real- world environment for a limited time before their placement on the market or putting into service, thusaiming for enhancing regulatory learning and potential scaling up and wider deployment. Member States shall establish net-zero regulatory sandboxes in accordance with paragraph 1 at the request of any company developing innovative net-zero technologies, which fulfils the eligibility and selection criteria referred to in paragraph 4(a) and which has been selected by the competent authorities following the selection procedure referred to in paragraph 4(b).
Amendment 1359 #
2023/0081(COD)
Proposal for a regulation
Article 26 – paragraph 1 a (new)
Article 26 – paragraph 1 a (new)
1a. Member States shall assess the appropriateness of establishing net-zero regulatory sandboxes in accordance with paragraph 1, at the request of any grouping of organisations involved in the testing and validation of innovative strategic net-zero technologies in the context of a specific project, which fulfil the eligibility and selection criteria referred to in paragraph 4 and which has been selected by the competent authorities following the selection procedure referred to in paragraph 4.
Amendment 1364 #
2023/0081(COD)
Proposal for a regulation
Article 26 – paragraph 2 – introductory part
Article 26 – paragraph 2 – introductory part
2. The modalities and the conditions for the establishment and operation of the net-zero regulatory sandboxes under this Regulation shall be adopted through implementing acts in accordance with the examination procedure referred to in Article 364 (3). The modalities and conditions shall to the extent possible support flexibility for national competent authorities to establish and operate their Nnet-zero regulatory sandboxes, foster innovation and regulatory learning and shall particularly take into account the special circumstances and capacities of participating SMEs, including start-ups. The implementing acts referred to in this paragraph 3 shall include common main principles on the following issues:
Amendment 1370 #
2023/0081(COD)
Proposal for a regulation
Article 26 – paragraph 3
Article 26 – paragraph 3
3. The participation in the net-zero regulatory sandboxes shall not affect the supervisory and corrective powers of the authorities supervising the sandbox. The testing, development and validation of innovative strategic net-zero technologies shall take place under the direct supervision and guidance of the competent authorities. The competent authorities shall exercise their supervisory powers in a flexible manner within the limits of the relevant legislation, adapting existing regulatory practices and using their discretionary powers when implementing and enforcing legal provisions to a specific net-zero regulatory sandbox project, with the objective of removing barriers, alleviating regulatory burden, reducing regulatory uncertainty, and supporting innovation in strategic net-zero technologies, while avoiding distorting competition and fragmenting the Single market.
Amendment 1376 #
2023/0081(COD)
Proposal for a regulation
Article 26 – paragraph 4
Article 26 – paragraph 4
4. Where relevant to achieve the objective of this aArticle and to the benefit of the general public, the competent authorities shall consider granting derogations or exemptions to the extent allowed by the relevant Union or national law in full compliance with the precautionary principle. The competent authorities shall ensure that the sandbox plan ensures respect for the key objectives and essential requirements of the EU and national legislation. Competent authorities shall make sure that any significant risks to health, safety or the environment identified during the development and testingtesting or validation of innovative strategic net-zero technologies is publicly communicated and results in immediate suspension of the development and testing process until such risk is mitigated. Where competent authorities consider that the proposed project raises exceptional risks for the health and safety of workers, of the general population, or of the environment, in particular because it relates to testing, development or validation involving particularly toxic substances, they shall onlynot approve the sandbox plan once they are satisfied that adequate safeguards have been put in place commensurate with the exceptional risk identified.
Amendment 1378 #
2023/0081(COD)
Proposal for a regulation
Article 26 – paragraph 5
Article 26 – paragraph 5
Amendment 1382 #
2023/0081(COD)
Proposal for a regulation
Article 26 – paragraph 6
Article 26 – paragraph 6
6. Participants in the innovative net- zero regulatory sandbox shall remain liable under applicable Union and Member States’ liability legislation for any harm inflicted on third parties as a result of the testing taking place in the net-zero regulatory sandbox.
Amendment 1383 #
2023/0081(COD)
Proposal for a regulation
Article 26 – paragraph 8
Article 26 – paragraph 8
8. The net-zero regulatory sandboxes shall be designed and implemented in such a way that, where relevant, they facilitate cross-border cooperation between the national competent authorities. Member States that have established net-zero regulatory sandboxes shall coordinate their activities and cooperate within the framework of the Net-Zero Europe Platform with the objectives of sharing relevant information. They shall report annually to the Commission on the results of the implementation of regulatory sandboxes, including good practices, lessons learnt and recommendations on their setup and, where relevant, on the application within the regulatory sandbox of this Regulation and other Union legislation in a manner adapted for the purposes of the sandbox, and to the benefit of general interest.
Amendment 1384 #
2023/0081(COD)
Proposal for a regulation
Article 27 – title
Article 27 – title
Measures for small and medium-sized enterprises
Amendment 1385 #
2023/0081(COD)
Proposal for a regulation
Article 27 – paragraph 1 – point a
Article 27 – paragraph 1 – point a
(a) provide small and medium-sized enterprises with priority access to the Innovative Nnet- zero regulatory sandboxes to the extent that they fulfil the eligibility conditions set in Article 26;
Amendment 1386 #
2023/0081(COD)
Proposal for a regulation
Article 27 – paragraph 1 – point b
Article 27 – paragraph 1 – point b
(b) organise awareness raising activities about participation to the regulatory sandboxes by small and medium-sized enterprises;
Amendment 1387 #
2023/0081(COD)
Proposal for a regulation
Article 27 – paragraph 1 – point c
Article 27 – paragraph 1 – point c
(c) where appropriate, establish a dedicated channel for communication with small and medium-sized enterprises to provide guidance and respond to queries about the implementation of Article 26.
Amendment 1391 #
2023/0081(COD)
Proposal for a regulation
Article 27 – paragraph 2
Article 27 – paragraph 2
2. Member States shall take into account the specific interests and needs of small and medium-sized enterprises , and provide adequate administrative support to take part in the net-zero regulatory sandboxes. Without prejudice to the application of Articles 107 and 108 of the Treaty, Member States shouldall inform small and medium-sized enterprises of available financial support to their activities in the net-zero regulatory sandboxes.
Amendment 1405 #
2023/0081(COD)
Proposal for a regulation
Article 28 – paragraph 4 – introductory part
Article 28 – paragraph 4 – introductory part
4. The Commission and Member States mayshall coordinate within the Platform on the Net-Zero Industrial Partnerships and also with relevant third countries to help promote the adoption of strategic net-zero technologies globally and to support the role of Union industrial capabilities in paving the way for the global clean energy transition, in line with the overall objectives of this Regulation stemming from Article 1 of this Regulation. The Platform may periodically discuss:
Amendment 1412 #
2023/0081(COD)
Proposal for a regulation
Article 28 – paragraph 4 – point a
Article 28 – paragraph 4 – point a
(a) how to improve cooperation along the strategic net- zero technologies' value chain between the Union and third countries;
Amendment 1419 #
2023/0081(COD)
Proposal for a regulation
Article 28 – paragraph 4 – point b
Article 28 – paragraph 4 – point b
(b) how to address non-tariff barriers to trade, such as through mutual recognition of conformity assessment or commitments to avoid export restrictions;
Amendment 1421 #
2023/0081(COD)
Proposal for a regulation
Article 28 – paragraph 4 – point c – introductory part
Article 28 – paragraph 4 – point c – introductory part
(c) which third countries should be prioritisedprioritisation of engagement with third countries for the conclusion of Net- Zero Industrial Partnerships, taking into account the following:
Amendment 1422 #
2023/0081(COD)
Proposal for a regulation
Article 28 – paragraph 4 – point c – point i
Article 28 – paragraph 4 – point c – point i
i) the potential contribution to security of supply, taking into account their manufacturing capacity ofalong the value chain of strategic net-zero technologies;
Amendment 1428 #
2023/0081(COD)
Proposal for a regulation
Article 28 – paragraph 4 – point c – point ii
Article 28 – paragraph 4 – point c – point ii
ii) whether there are existing cooperation agreements between a third country and the Union or any Member States.
Amendment 1450 #
2023/0081(COD)
Proposal for a regulation
Article 29 – paragraph 3
Article 29 – paragraph 3
3. On a proposal by the Commission, the Platform shall adopt its rules of procedure by a simple majority of its members, at its first meeting.
Amendment 1453 #
2023/0081(COD)
Proposal for a regulation
Article 29 – paragraph 6
Article 29 – paragraph 6
6. The Platform may establish standing or temporary sub-groups dealing with specific questions and tasks. The Platform shall at least establish the following standing sub-groups: i)a sub-group to discuss financial needs and bottlenecks of net-zero strategic projects, potential best practices, in particular to develop EU cross-border supply chains, and to coordinate financing for net-zero strategic projects;representatives of national promotional banks and institutions, the European development financial institutions, the European Investment Bank Group, other international financial institutions including the European Bank for Reconstruction and Development and, as appropriate, private financial institutions shall be invited as observers; ii) a sub-group to discuss the implementation of the provisions pursuant to Articles 6, 7 and 8, including to share best practices concerning public participation and stakeholders involvement;representatives of civil society organisations shall be invited as observers; iii) a sub-group to discuss and coordinate on the Net-Zero Industrial Partnerships referred to in Article 28, ensuring cooperation with other relevant coordination fora;representatives of civil society organisations shall be invited as observers, and representatives from like- minded third countries may be invited where appropriate; iv) a sub-group to ensure the appropriate implementation of the Net-Zero Industry Academies pursuant to Chapter V of this Regulation; v) a sub-group dedicated to net-zero regulatory sandboxes referred to in Article 26, to maximise the potential of spillover effects throughout the Union by facilitating cross-border cooperation and by limiting the risk of market and competition distortions.
Amendment 1459 #
2023/0081(COD)
Proposal for a regulation
Article 29 – paragraph 7
Article 29 – paragraph 7
7. The Platform shall systematically invite representatives of the European Parliament to attend, as observers, its meetings, including of the standing or temporary sub- groups referred to in paragraph 6.
Amendment 1463 #
2023/0081(COD)
Proposal for a regulation
Article 29 – paragraph 8
Article 29 – paragraph 8
8. Where appropriate, the Platform or the Commission may invshall invite representatives from industry, civil society, academia, trade unions and other representatives witeh expertsise and other third parties to Platform andreasonable interest before taking decisions, to attend meetings of the Platform and of the standing or temporary sub- group meetings ors referred to in paragraph 6, and to provide written contributions.
Amendment 1474 #
2023/0081(COD)
Proposal for a regulation
Article 29 – paragraph 11
Article 29 – paragraph 11
11. TWhere appropriate, the Platform shall coordinate and cooperate with existing industrial alliances related to strategic net-zero technologies.
Amendment 1480 #
2023/0081(COD)
Proposal for a regulation
Article 30 – paragraph 1 a (new)
Article 30 – paragraph 1 a (new)
Member States shall undertake activities to promote research, development and innovation in order to: i) minimise and counterbalance unavoidable CO2 emissions; ii) improve environmental sustainability and circularity features of manufacturing capacity of strategic net-zero technologies, in particular with regard to the reuse, recycling and resource-efficiency considerations, including in terms of water and material footprint; iii) improve the performance of strategic net-zero technologies compared to the state-of-the-art in the Union.
Amendment 1481 #
2023/0081(COD)
Proposal for a regulation
Article 31 – paragraph 1 – introductory part
Article 31 – paragraph 1 – introductory part
1. The Commission shall monitor, and make publicly available the results of this monitoring, on an ongoing basis:
Amendment 1487 #
2023/0081(COD)
Proposal for a regulation
Article 31 – paragraph 1 – point b
Article 31 – paragraph 1 – point b
(b) the progress with respect to the Union level objective of CO2 injection capacity referred to in Article 167 (3) point d.
Amendment 1491 #
2023/0081(COD)
Proposal for a regulation
Article 31 – paragraph 2 – point a
Article 31 – paragraph 2 – point a
(a) strategic net-zero technology developments and market trends, including average manufacturing investment costs and production costs, and market prices for the respective net-zero technologies, and key components if appropriate;
Amendment 1492 #
2023/0081(COD)
Proposal for a regulation
Article 31 – paragraph 2 – point b
Article 31 – paragraph 2 – point b
(b) strategic net-zero technology manufacturing capacity and related activities, including data on employment and skills and progress towards achieving the 2030 targetsbenchmark referred to in recital 13Article 1 (2) point a);
Amendment 1493 #
2023/0081(COD)
Proposal for a regulation
Article 31 – paragraph 2 – point c
Article 31 – paragraph 2 – point c
(c) value and volume of imports into the Union and exports outside of the Union of strategic net-zero technologies, including the respective key components;
Amendment 1496 #
2023/0081(COD)
Proposal for a regulation
Article 31 – paragraph 2 – point h
Article 31 – paragraph 2 – point h
(h) the amount of CO2unavoidable CO2 emissions stored permanently underground in accordance with Directive 2009/31/EC.
Amendment 1507 #
2023/0081(COD)
Proposal for a regulation
Article 32 – paragraph 1
Article 32 – paragraph 1
The Commission is empowered to adopt delegated acts in accordance with Article 33 to amend the modalities in which agreements between entities referred to in Article 18(1) and investments in storage capacity held by third parties are taken into account to meet their individual contribution set out in Article 18 (5), as well as the content of the reports referred to in Article 18 (6), to establish the methodology concerning the calculation of unavoidable CO2 emissions referred to in Article 17 (2), and to establish and update the list of key components for each of the final products of strategic net-zero technologies pursuant to Article 18 (62(2a).
Amendment 1541 #
2023/0081(COD)
Proposal for a regulation
Annex I – table 1
Annex I – table 1
1. Solar photovoltaic and solar thermal technologies 2. Onshore wind and offshore renewable technologies 3. Battery/storage technologies 4. Heat pumps and geothermal energy technologies 5. Electrolysers and fuel cells 6. Sustainable biogas/biomethane technologies 7. Carbon Capture and storage (CCS) technologiesdeleted 7. deleted 8. Grid technologies
Amendment 6 #
2022/2124(DEC)
Draft opinion
Paragraph 2
Paragraph 2
2. Stresses that Frontex is by large the Agency that received more significant budget increases in the last years; recalls that the Agency budget has skyrocketed from €118 million in 2011 to €741 million in 2021, and to an annual average of €900 million for the 2021-2027 period; considers that such increase is not justified by substantive evidence clearly demonstrating its necessity from an effectiveness and efficiency perspective;
Amendment 9 #
2022/2124(DEC)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. Notes the Court's emphasis on matters related to the reliability of the accounts and concerning the incorrect calculation of contributions from non-EU Schengen area countries, which caused an overstatement of the EU contribution to the Frontex budget of EUR 2,6 million and an understatement of contributions by the non-Schengen area countries;
Amendment 10 #
2022/2124(DEC)
Draft opinion
Paragraph 2 b (new)
Paragraph 2 b (new)
2 b. Notes the Court’s emphasis on the matter for reliability of the accounts regarding the carry-over to 2021 of a budgetary commitment dated 21 December 2020 “Preparatory measures for 2021 deployments SC Cat 1 and 2” without the backing of a legal commitment before the end of 2020; notes that the total payments in 2021 were EUR 18 375 458 and that Frontex addressed this non-compliance by means of subsequent legal commitments throughout 2021;
Amendment 11 #
2022/2124(DEC)
Draft opinion
Paragraph 2 c (new)
Paragraph 2 c (new)
2 c. Notes the Court’s emphasis on the matter for reliability of the accounts and for the legality and regularity of payments concerning certification of the accounts, where the Accounting Officer declares a lack of necessary information for the validation of a new system laid down by the authorising officer and used for supplying accounting information;
Amendment 12 #
2022/2124(DEC)
Draft opinion
Paragraph 2 d (new)
Paragraph 2 d (new)
2 d. Notes the Court’ observations on management and control systems in the Agency; deplores that the contract concluded end of December 2021 with a single contractor for the provision of travel services including the deployment of the standing corps had to be suspended in February 2022 and terminated in May 2022 for incorrect performance of the contract; notes the Court’s observation that the technical, professional and financial capacity requirements could have been set higher by the Agency to avoid exposure to such a risk;
Amendment 18 #
2022/2124(DEC)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. Notes the ongoing actions of the Agency in response to the Court’s observations from previous years, including the corrective steps in addressing the risk of double funding from the Internal Security Fund; calls on the Agency to continue undertaking corrective actions, including the adoption and implementation of a sensitive post policy in line with its own internal control standards, and addressing the high level of carry-overs; to inform the discharge authority about the progress made on those matters;
Amendment 26 #
2022/2124(DEC)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Takes note of the amendment of the standard operating procedure on the Serious Incident Report (SIR) mechanism to define the role of the Fundamental Rights Officer (FRO) in this process; stresses that every operational plan should include a transparent reporting mechanism ensuring that every incident in the operational area is reported and properly followed up; stresses that this reporting mechanism should apply regardless of the way these assets are being financed , in order to ensure that Frontex, and in particular the FRO, can monitor the whole operational area and investigate all SIRs or other indications of non-compliance;
Amendment 27 #
2022/2124(DEC)
Draft opinion
Paragraph 4 b (new)
Paragraph 4 b (new)
4 b. Stresses that Frontex direct and indirect involvement in border management and border surveillance activities must go hand in hand with preventing and combating fundamental rights violations, and with securing compliance with the principle of non- refoulement, in accordance with the Union acquis; recalls Frontex legal obligation under article 46 of the Frontex Regulation to suspend operations when the Agency cannot operate in line with its fundamental rights obligations;
Amendment 28 #
2022/2124(DEC)
Draft opinion
Paragraph 4 c (new)
Paragraph 4 c (new)
4 c. Recalls that the Parliament’s Frontex Scrutiny Working Group (FSWG), in its report on the fact-finding investigation on Frontex concerning alleged fundamental rights violations already raised concerns, such as that “the Agency found evidence in support of allegations of fundamental rights violations in Member States with which it had a joint operation but failed to address and follow-up on these violations promptly, vigilantly and effectively", that the "Agency also failed to adequately respond to internal observations about certain cases of probable fundamental rights violations in Member States" and "that Frontex generally disregarded reports from "several reliable actors"; notes that the FSWG “found deficiencies in Frontex’ mechanisms to monitor, report and assess fundamental rights situations and developments, and makes concrete recommendations for improvement", but "also identified gaps in the framework of cooperation with Member States, which may hamper the fulfilment of Frontex’ fundamental rights obligations"; notes that the FSWG expressed concern "about the lack of cooperation of the Executive Director to ensure compliance with some of the provisions of the EBCG Regulation, notably on fundamental rights"; notes that the FSWG took the position that the Management Board should have played a much more proactive role in acknowledging the serious risk of fundamental rights violations and in taking action to ensure that Frontex fulfils its negative and positive fundamental rights obligations as enshrined in the Regulation; notes that the FSWG “highlights the responsibility of the Member States and the Commission, outside their role in the Management Board as well";
Amendment 33 #
2022/2124(DEC)
Draft opinion
Paragraph 5
Paragraph 5
5. Takes the position that the Management Board should play a proactive role in identifying and preventing serious risk of fundamental rights violations; reiterates the importance to implement the standard operating procedures to withdraw the financing of, or suspend or terminate, or not launch Frontex activities in cases where such risks arise; urges the Management Board to strengthen internal oversight structures as well as cooperation and communication with competent administrative and judicial authorities and independent civil society actors in host Member States;
Amendment 35 #
2022/2124(DEC)
5 a. Notes the shared responsibilities that the Agency and the Member States have in the fulfilment of fundamental rights obligations; urges the Agency and Member States to further develop structures of cooperation, information- sharing and exchange of best practices;
Amendment 47 #
2022/2124(DEC)
Draft opinion
Paragraph 7
Paragraph 7
7. Reiterates its profound concerns about the findings of the OLAF report of 15 February 2022 on investigations into Frontex, and expresses its utter dismay in the behaviour and actions described in the findings presented and the lack of accountability; considers that the findings of the OLAFsuch report are a matter of public interest and should be made public without further delayrequests OLAF to promptly make any related finding in its upcoming reports on Frontex publicly available; underlines that the decision not to make the OLAF report on Frontex' activities promptly available to all Member of Parliament contradicted the need for democratic scrutiny over the agency’s misbehaviours and responsibilities for human rights violations;
Amendment 54 #
2022/2124(DEC)
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7 a. Expresses its deepest concern that Frontex Executive Director Ad Interim and one of the candidates for the position of Frontex Executive Director is a person of concern in an ongoing investigation by OLAF; notes that Frontex Management Board was informed about this information in November 2021 but decided not to inform the European Parliament; recalls European Parliament's formal role in the selection procedure for the new Executive Director; calls on the Management Board to diligently inform the European Parliament;
Amendment 62 #
2022/2124(DEC)
Draft opinion
Paragraph 8 a (new)
Paragraph 8 a (new)
8 a. Recalls that the Progress Lawyers Network (Front-LEX) and the Greek Helsinki Monitor have submitted a legal action against Frontex at the CJEU on behalf of two asylum seekers who had been victims of pushbacks operations during their attempts to seek protection in the EU; underlines that this is the first time that Frontex is being taken to the CJEU over human rights violations;
Amendment 64 #
2022/2124(DEC)
Draft opinion
Paragraph 9
Paragraph 9
9. Notes that Frontex’ structural problems regarding fundamental rights protection of asylum seekers and migrants, transparency, data protection, and alleged sexual harassment within the Agency led the European Parliament to refuse discharge of the Agency’s 2020 budget; reiterates its call upon the Agency to present a detailed roadmap on how it intends to fulfil the outstanding concerns, together with a clear and detailed timeframe for those actions; recalls the repeated criticism from Parliament concerning the Agency’s failure, under the former executive leadership, to protect the fundamental rights of migrants and asylum seekers, particularly among numerous reports and journalistic investigations of its complicity in illegal pushbacks, which led to the resignation of the former executive director; reaffirms that this situation should not happen again;
Amendment 68 #
2022/2124(DEC)
Draft opinion
Paragraph 9 a (new)
Paragraph 9 a (new)
9 a. Reiterates its call for the Agency to complete corrective actions to address all outstanding concerns raised by the European Ombudsman, by the Parliament’s Frontex Scrutiny Working Group and by the Consultative Forum;
Amendment 1 #
2022/2080(INI)
Motion for a resolution
Citation 2 a (new)
Citation 2 a (new)
— having regard to the European Court of Auditors' annual report entitled 'Annual report on EU agencies for the financial year 2021',
Amendment 2 #
2022/2080(INI)
Motion for a resolution
Citation 2 b (new)
Citation 2 b (new)
— having regard to the decision of the European Ombudsman of 16 May 2022 on how the Commission the European Commission handles “revolving door” situations involving its staff members (OI/1/2021/KR),
Amendment 5 #
2022/2080(INI)
Motion for a resolution
Recital A a (new)
Recital A a (new)
Aa. whereas 2.94 terabytes of data were leaked to the ICIJ and shared with media partners around the world; whereas some of the files date back to the 1970s, but most of those reviewed by the ICIJ were created between 1996 and 2020; whereas the new data leak reportedly concerns more than 330 political figures and public officials from almost 100 countries, including 35 current or former heads of state or government;
Amendment 12 #
2022/2080(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Calls for cooperstronger cooperation and coordination between the authorities responsible for combating tax evasion, money laundering, terrorist financing, and serious organised crime at both national and European level; urges Member States and EU authorities to devote substantial efforts to recover money acquired by illegal or unfair means; regrets the fact that the information obtained by tax authorities in the context of Council Directive 2011/16/EU of 15 February 2011 on administrative cooperation in the field of taxation and repealing Directive 77/799/EEC1 cannot be used for criminal investigation and prosecution purposes; _________________ 1 OJ L 64, 11.3.2011, p. 1.
Amendment 12 #
2022/2080(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
Ba. whereas the Pandora Papers are the latest major data leak to expose the inner workings of the offshore financial world, following on from Lux Leaks in 2014, Swiss Leaks in 2015, the Panama Papers in 2016, the Paradise Papers in 2017, Mauritius Leaks in 2019, Luanda Leaks and the FinCEN Files in 2020, together with Lux Letters in 2021;
Amendment 16 #
2022/2080(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. DRegrets that the Council of EU Finance Ministers removed the Seychelles from the EU list of non-cooperative jurisdictions two days after the publication of the Pandora Papers; urges the Council to adapt a comprehensive reform of the EU list of non-cooperative jurisdictions for tax purposes to systematically cover countries that unjustly offer low tax rates to corporations and high-net worth individuals, contributing to tax avoidance in their home countries, and increasing risks of money laundering; urges the Commission to additionally monitor European countries severely and initiate infringement proceedings when found to not respect the listing criteria of the EU list of non-cooperative jurisdictions; deeply regrets the lack of a strong beneficial ownership criterion for the EU list of non-cooperative jurisdictions; calls on the Economic and Financial Affairs Council to come forward with a strong beneficial ownership criterion;
Amendment 17 #
2022/2080(INI)
Motion for a resolution
Recital B b (new)
Recital B b (new)
Bb. whereas the activities revealed in the Pandora Papers include the creation of shell companies, foundations and trusts for the following purposes: buying property, yachts, jets and life insurance anonymously, making investments and transferring money between bank accounts, avoiding taxes and committing financial crimes, including money laundering;
Amendment 20 #
2022/2080(INI)
Bc. whereas the EU's legislative response to the Pandora Papers was weak and ministers were very late in adopting the much-needed reform of the 1997 EU code of conduct on business taxation;
Amendment 22 #
2022/2080(INI)
Motion for a resolution
Recital B d (new)
Recital B d (new)
Bd. whereas there have been few European legislative initiatives in the area of harmful tax practices that attract high net worth individuals or luxury assets, such as yachts, private jets, works of art, etc;
Amendment 23 #
2022/2080(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Highlights the role of international investigative journalism and whistleblowers in exposing tax avoidance and evasion, corruption, organised crime and money laundering; deems it necessary to further protect the confidentiality of the sources of investigative journalism, including whistleblowers; looks forward to the Commission's report, due to be published in December 2023, on the implementation of the 2019 EU Whistleblowers Directive; calls on the Commission, in that regard, to consult stakeholders on improvements to make to the directive;
Amendment 27 #
2022/2080(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Calls for tax havens to be automatically registered in the EU’s anti- money laundering list of ‘high-risk’ third countries; calls for the United Arab Emirates to be identifirecommends that states and entities where oligarchs, millionaires and companies hide their funds are included in such list; welcomes that Commissioner Mairead McGuinness announced his intention to propose to add the United Arab Emirates to the list of ‘high risk’ countries; calls for the United Arab Emirates to be urgently listed as a high- risk third country, also in light of recent media revelations that this country facilitated money laundering at a grand scale and is actively used by Russian oligarchs to escape EU sanctions;
Amendment 30 #
2022/2080(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. Recommends the EU to subject lawyers among the obliged entities where their legal advice, including in relation to tax matters, is knowingly provided or used by the client for the purpose of money laundering, its predicate offences or terrorist financing;
Amendment 34 #
2022/2080(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Asks the Commission to publish a list of assets frozen or confiscated by each Member State following Russia’s invasion of Ukraine and to share more information on the work conducted by the ‘Freeze and Seize’ Task Force; urges the Commission to provide precise information on Member States’ progress in repealing or withdrawing citizenship and residence permits granted on the basis of financial investment to Russian and Belarusian nationals subject to EU restrictive measures; calls for a total ban on suchresidence by investment schemes across the EU;
Amendment 37 #
2022/2080(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Calls for strictUrges the Commission and EU agencies to adopt stricter guidelines for officials who want to take up positions outside of the EU institutions after their service or during leave on personal grounds, given the alarming report of the European Court of Auditors2a and the European Ombudsman’s decision OI/1/2021/KR of 16 May 2022 on how the European Commission manages ‘revolving- doors’ rules for high-ranking EU officials. ’ moves of its staff members; calls on the EU institutions to make sure that restrictions imposed on former senior staff members or staff members on leave for personal grounds are effectively shared with and enforced by the new employer; calls on the Commission not to approve requests from former senior staff members to take up activities in the private sector when reservations exist as to possibility to mitigate the potential risks deriving from the moves; _________________ 2a “Annual report on EU agencies for the financial year 2021”, European Court of Auditors, 27 October 2022.
Amendment 38 #
2022/2080(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Regrets the fact that only 10 Member States have passed legislation to transpose the Whistleblowers Directive7, 15 are still in the process of doing so, and two have taken no or minimal action; calls on the Member States that have not yet done so to urgently transpose the directive into their national law; _________________ 7 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.
Amendment 39 #
2022/2080(INI)
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7 a. Highlights that without the courage of whistleblowers, and the work of journalists, tax evasion, corruption, and money laundering could continue unchecked; stresses the need for a stronger protection of whistleblowers and the work of journalists, including from spyware attacks; regrets the fact that only ten Member States have passed legislation to transpose the directive 2019/1937/EU of the European Parliament and of the Council of 23 October 2019 on the protection of persons who report breaches of Union law3a, while 15 are still in the process of doing so, and two have taken no or minimal action; calls on the European Commission to open infringement procedures against the remaining Member States. _________________ 3a OJ L 305, 26.11.2019, p. 17.
Amendment 40 #
2022/2080(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Urges the Commission to provide detailed information on the progress made by Member States in repealing or withdrawing the citizenship or residence permits of Russian or Belarusian individuals who have obtained their status through investment; calls for an EU-wide blanket ban on residence by investment schemes ('golden visas');
Amendment 41 #
2022/2080(INI)
Motion for a resolution
Paragraph 2 b (new)
Paragraph 2 b (new)
2b. Deplores the lack of transparency from the Commission and the Members with regard to the progress made in freezing and seizing the assets of sanctioned persons; urges the Member States and the EU authorities to make a genuine effort to recover illicit money; calls on the Commission to publish a list of assets that have been frozen or confiscated following Russia’s invasion of Ukraine;
Amendment 42 #
2022/2080(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Deplores the conflicts of interest of senior staff members, including EU ministers, involving illegally obtained property, interests in fossil fuel companies or assets in tax havens revealed by the Pandora Papers and recent media investigations, including those of former Czech Prime Minister Andris Babiš and the current French Minister for Energy Transition, Agnès Pannier-Runacher; points out that the family members of politically exposed persons (PEPs), including their children, may be involved in fraud and tax evasion cases and are therefore subject to anti-money laundering and anti-terrorist financing legislation; Highlights the importance of safeguarding high standards of integrity, honesty and responsibility among public officials in the EU, including in the Member States; calls on the Member States to ensure that they have measures and systems with enough human and financial resources in place requiring public officials to declare any outside activities, employment, investments, assets and substantial gifts or benefits which may give rise to a conflict of interest with respect to their functions as public officials; highlights the importance of having systems in place to report and verify this information and independently assess conflicts of interest when they arise; stresses the need for dissuasive sanctions;
Amendment 71 #
2022/2080(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Deplores the shortcomings in the current rules highlighted by the European Court of Auditors and the European Ombudsman; Urges the EU institutions, and in particular the Commission, to adopt stricter rules for officials seeking to take up posts outside the EU institutions after their service or during leave on personal grounds calls on the EU institutions to make sure that restrictions imposed on former senior staff members or staff members on leave for personal grounds are actually shared with and enforced by their new employer; calls on the EU institutions not to approve requests from former senior staff members to take up activities in the private sector when reservations exist with regard to the possibility to mitigate the potential risks deriving from the moves; calls on the international institutions financed by the Member States or the EU budget to follow the same rules as the EU institutions with regard to officials seeking to take up posts outside the institutions or during leave on personal grounds;
Amendment 73 #
2022/2080(INI)
Motion for a resolution
Paragraph 7 b (new)
Paragraph 7 b (new)
7b. Is concerned about the recent departure of the former OECD tax director to the private sector; Calls on the Member States and the Commission to put pressure on the OECD to introduce clear cooling-off periods and strict policies on revolving door situations;
Amendment 77 #
2022/2080(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. recommends that lawyers be added to the list of obliged entities in anti-money laundering legislation where their legal advice, including tax advice, is knowingly provided or used by the client for the purposes of money laundering, its predicate offences or terrorist financing;
Amendment 80 #
2022/2080(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Calls on the Commission to extend reporting requirements under the sixth Directive on Administrative Cooperation (DAC6)12 to cross-border arrangements for the management of assets of clients who are natural persons; calls on the Commission to present a proposal to allow information obtained by tax authorities under DAC6 to be used for criminal investigation and prosecution purposes; _________________ 12 Council Directive (EU) 2018/822 of 25 May 2018 amending Directive 2011/16/EU as regards mandatory automatic exchange of information in the field of taxation in relation to reportable cross-border arrangements, OJ L 139, 5.6.2018, p. 1.
Amendment 82 #
2022/2080(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Notes with concern that the latest results of the peer review of the Global Forum on the legal implementation of the Standard for Automatic Exchange of Financial Account Information (CRS) and, for the first time, the results of the first reviews of the effectiveness of the practical implementation of CRS indicate that not all Member States are fully compliant or on track; notes that the following Member States are not delivering the expected results: Belgium, Poland, Latvia, Estonia, Hungary, Malta, France, Romania and Croatia; calls on the Commission to monitor the Member States closely and to launch infringement procedures until all Member States are fully compliant;
Amendment 89 #
2022/2080(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Calls for countries on the EU list of non-cooperative jurisdictions for tax purposes to be automatically included on the EU’s anti-money laundering list of ‘high-risk’ third countries;
Amendment 93 #
2022/2080(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Observes, in parallel, a growing trend for countries, and EU Member States in particular, to adopt legal frameworks designed to attract high-net-worth individuals, foreign pensioners and highly skilled workers to invest or live in their territory, notably granting them generous tax benefits and exemptions which do not apply to nationals, in addition to offering golden visas and selling citizenship opportunities; condemns the fact that the Commission has taken no action in these areas for a year; calls on the Commission to identify all harmful tax practices distorting competition outside the area of corporate taxation in the EU;
Amendment 96 #
2022/2080(INI)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. Warns against the impact of teleworking on personal income tax and tax residence in the EU; calls on the Commission to take the necessary legislative measures to harmonise or better coordinate the tax residence of individuals and self-employed persons in the EU and the cross-border implications of personal income tax; notes that personal income tax is the biggest source of tax revenue for most EU Member States;
Amendment 99 #
2022/2080(INI)
Motion for a resolution
Paragraph 11 b (new)
Paragraph 11 b (new)
11b. Is concerned by the increasing number of harmful tax regimes in the EU which aim to attract ‘digital nomads’; notes that some tax regimes lead to zero tax rates on earned income with significant potential for abuse which erodes the tax bases of other countries; notes that Portugal, Greece, Croatia, Malta, Italy and Cyprus all have specific tax regimes to attract digital nomads; calls on the Commission to assess the harmful impact of these tax regimes on the single market and Member States’ revenues;
Amendment 100 #
2022/2080(INI)
Motion for a resolution
Paragraph 11 c (new)
Paragraph 11 c (new)
11c. Calls on the Commission to assess the advantageous tax regimes in the EU, as in Portugal, which aim to attract crypto-assets; notes that such tax regimes can cause significant distortions of the single market and encourage more speculative behaviour, thereby undermining the stability of the financial sector;
Amendment 101 #
2022/2080(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Is concerned that there is considerable scope for harmful competition in this field and widening social and economic inequalities, as tax-induced mobility is high among income- and wealth-rich taxpayers13; asks the Commission and the Member States to consider an ‘Inequalities Contribution’ as a new own resource; suggests that the ‘Inequalities Contribution’ impose on the Member States a national contribution based on the share of the total national income held by the richest 10%; _________________ 13 European Parliament Directorate- General for Internal Policies, Policy Department for Economic, Scientific and Quality of Life Policies, Harmful Practices and Competition in the Area of Personal Income and Wealth Taxation, January 2022.
Amendment 110 #
2022/2080(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Calls on the Commission and the Member States to take the lead in the OECD, and in particular in the OECD/G20 Inclusive Framework, in order to create a level playing field in the taxation of capital gains and to limit harmful tax practices aimed at attracting wealthy individuals, digital nomads and luxury assets;
Amendment 113 #
2022/2080(INI)
Motion for a resolution
Paragraph 13 b (new)
Paragraph 13 b (new)
13b. Is deeply concerned that the United State allows non-US citizens to enjoy financial secrecy; calls on the Commission and the Member States to enter into fresh negotiations with the US within the framework of the OECD in order to achieve total reciprocity within an agreed and strengthened CRS framework;
Amendment 123 #
2022/2080(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Notes that some Member States have reduced their capital gains taxes to zero per cent, giving wealthy individuals numerous opportunities for tax planning; calls for an adequate and proportional minimum tax on capital gains in the EU;
Amendment 125 #
2022/2080(INI)
Motion for a resolution
Paragraph 14 b (new)
Paragraph 14 b (new)
14b. Recalls that Article 116 TFEU can be used to combat harmful tax practices that distort competition in the EU through the ordinary legislative procedure;
Amendment 126 #
2022/2080(INI)
Use of shell companies and, trusts and the exchange of information withreal estate assets and the fight against tax evasion in jurisdictions that figure prominently in the Pandora Papers
Amendment 145 #
2022/2080(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Welcomes the Commission proposal for a Council directive laying down rules to prevent the misuse of shell entities for tax purposes and amending Directive 2011/16/EU14; calls on the Council to swiftly adopt the proposal once Parliament has submitted its opinion; notes with concern that some Member States, such as Luxembourg, are reducing the scope of the proposal, including by extending the exhaustive list of exclusions; notes also that some Member States want to limit the proposal to a simple exchange of information by removing the possibility, which is necessary, of introducing penalties, and without consequences for tax residence; urges the Member States to adopt an ambitious proposal; calls on the Commission to withdraw the proposal if the Member States dilute the text too much; _________________ 14 COM(2021)0565.
Amendment 160 #
2022/2080(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Is deeply disappointed by the failure of finance ministers to adoptWelcomes the recent adoption of the much-needed reform of the Code of Conduct for Business Taxation on 7 December 2021, after several unsuccessful attempts; condemns Hungary and Estonia, in particular, for blocking the reformat the ECOFIN meeting in November; notes that this is the first revision of the Code of Conduct since 1997; deeply regrets that after 25 years the revision remains limited and lacking in ambition; condemns the previous vetos of the reform of the Code of Conduct by some Member States;
Amendment 170 #
2022/2080(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Deplores, in particular, the Council’s lack of willingness to agree on the forthcoming transparency criterion with regard to ultimate beneficial ownershipNotes that the EU list of non- cooperative jurisdictions could be a powerful tool for imposing the necessary high tax standards on third countries; notes, however, that the criteria remain too weak and too focused on corporate income taxation; deplores, in particular, the Council’s lack of willingness to agree on the forthcoming transparency criterion with regard to ultimate beneficial ownership; urges the Council to adapt a comprehensive reform of the EU list of non-cooperative jurisdictions in order to systematically cover countries that unfairly offer low tax rates to wealthy companies and individuals, thereby contributing to tax evasion in their countries of origin and increasing the risk of money laundering;
Amendment 173 #
2022/2080(INI)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18a. Notes that real estate has been widely used for money laundering and tax evasion purposes, as revealed by the Pandora Papers; notes, furthermore, that real estate taxation in the EU is not at all coordinated; notes with concern the sharp increase in real estate prices in the EU and the financialisation of housing; is concerned about the potential distortive effect of real estate investment funds, which are largely based in Luxembourg; calls on the Commission to bring forward an action plan on how to improve coordination of real estate taxation in the EU and to assess the impact of low-tax regimes on the financialisation of the housing sector;
Amendment 36 #
2022/0051(COD)
Proposal for a directive
Recital 15
Recital 15
(15) Companies should take appropriate steps to set up and carry out due diligence measures, with respect to their own operations, their subsidiaries, as well as their established direct and indirect business relationships throughout their value chains in accordance with the provisions of this Directive. This Directive should not require companies to guarantee, in all circumstances, that adverse impacts will never occur or that they will be stopped. For example with respect to business relationships where the adverse impact results from State intervention, the company might not be in a position to arrive at such results. Therefore, the main obligations in this Directive should be ‘obligations of means’. The company should take the appropriate measures which can reasonably be expected to result in prevention or minimisation of the adverse impact under the circumstances of the specific case. Account should be taken of the specificities of the company’s value chain, sector or geographical area in which its value chain partners operate, the company’s power to influence its direct and indirect business relationships, and whether the company could increase its power of influence.
Amendment 42 #
2022/0051(COD)
Proposal for a directive
Recital 18
Recital 18
(18) The value chain should cover activities related to the production of a good or provision of services by a company, its subsidiaries or companies in which it holds minority shareholding, including the development of the product or the service and the use and disposal of the product as well as the related activities of established business relationships of the company or its subsidiaries. It should encompass upstream established direct and indirect business relationships that design, extract, manufacture, transport, store and supply raw material, products, parts of products, or provide services to the company that are necessary to carry out the company’s activities, and also downstream relationships, including established direct and indirect business relationships, that use or receive products, parts of products or services from the company up to the end of life of the product, including inter alia the distribution of the product to retailers, the transport and storage of the product, dismantling of the product, its recycling, composting or landfilling.
Amendment 47 #
2022/0051(COD)
Proposal for a directive
Recital 20
Recital 20
Amendment 53 #
2022/0051(COD)
Proposal for a directive
Recital 21
Recital 21
(21) Under this Directive, all EU companies with more than 500 employees on average and a worldwide net turnover exceeding EUR 150 million in the financial year preceding the last financial year should be required to comply with due diligence. As regards companies which do not fulfil those criteria, but which had more than 250 employees on average and more than EUR 40 million worldwide net turnover in the financial year preceding the last financial year and which operate in one or more high-impact sectors, due diligence should apply 2 years after the end of the transposition period of this directive, in order to provide for a longer adaptation period, except micro-enterprises, should be required to comply with due diligence. In order to ensure a proportionate burden, companies operating in such high-impact sectors should be required to comply with more targeted due diligence focusing on severe adverse impacts. Temporary agency workers, including those posted under Article 1(3), point (c), of Directive 96/71/EC, as amended by Directive 2018/957/EU of the European Parliament and of the Council103 , should be included in the calculation of the number of employees in the user company. Posted workers under Article 1(3), points (a) and (b), of Directive 96/71/EC, as amended by Directive 2018/957/EU, should only be included in the calculation of the number of employees of the sending company. __________________ 103 Directive (EU) 2018/957 of the European Parliament and of the Council of 28 June 2018 amending Directive 96/71/EC concerning the posting of workers in the framework of the provision of services (OJ L 173, 9.7.2018, p. 16).
Amendment 57 #
2022/0051(COD)
Proposal for a directive
Recital 22
Recital 22
(22) In order to reflect the priority areas of international action aimed at tackling human rights and environmental issues, the selection of high-impact sectors for the purposes of this Directive should be baseuild on existing sectoral OECD due diligence guidance. The following while opting for a broader scope. Hence, the sectors that should be regarded as high-impact for the purposes of this Directive: should include: the chemicals sector; the manufacture of textiles, leather, fur, and related products (including footwear), and the wholesale trade of textiles, clothing and footwear; plastic production, waste shipment and management; agriculture, forestry, fisheries (including aquaculture), the manufacture of food products, and the wholesale trade of agricultural raw materials, live animals, wood, food, and beveanimal products, wood, food, beverages; construction sector and infrastructure building; the transportation sector, logistics and storages; the extraction and refining of mineral resources regardless of where they are extracted from (including crude petroleum, natural gas, coal, lignite, metals and metal ores, as well as all other, non- metallic minerals and quarry products), the manufacture of basic metal products, other non-metallic mineral products and fabricated metal products (except machinery and equipment), and the wholesale trade of mineral resources, basic and intermediate mineral products (including metals and metal ores, construction materials, fuels, chemicals and other intermediate products). As regards the financial sector, due to its specificities, in particular as regards the value chain; the energy sector including gas, nuclear, steam, electricity and other services offered, even if it is covered by sector-specific OECD guidance, it should not form part of the high-impact sectors covered by this Directive. At the same time, in this sector, the broader coverage of actual and potential adverse impacts should be ensured by also including very large companies in the scope that are regulatedources throughout their life cycle, from extraction, refining, production, combustion of fuels, transportation, storage and waste management including radioactive waste and; the financial uandertakings, even if they do not have a legal form with limited liability insurance sector.
Amendment 59 #
2022/0051(COD)
Proposal for a directive
Recital 23
Recital 23
(23) In order to achieve fully the objectives of this Directive addressing human rights and adverse environmental impacts with respect to companies’ operations, subsidiaries and value chains, third-country companies with significant operations in the EU should also be covered. More specifically, the Directive should apply to third-country companies which generated a net turnover of at least EUR 1508 million in the Union in the financial year preceding the last financial year or a net turnover of more than EUR 40 million but less than EUR 150 million in the financial year preceding the last financial year in one or more of the high- impact sectors, as of 2 years after the end of the transposition period of this Directive.
Amendment 65 #
2022/0051(COD)
Proposal for a directive
Recital 25
Recital 25
(25) In order to achieve a meaningful contribution to the sustainability transition, due diligence under this Directive should be carried out with respect to adverse human rights impact on protected persons resulting from the violation of one of the rights and prohibitions as enshrined in the international conventions as listed in the Annex to this Directive. In order to ensure a comprehensive coverage of human rights, a violation of a prohibition or right not specifically listed in that Annex which directly impairs a legal interest protected in those conventions should also form part of the adverse human rights impact covered by this Directive, provided that the company concerned could have reasonably established the risk of such impairment and any appropriate measures to be taken in order to comply with the due diligence obligations under this Directive, taking into account all relevant circumstances of their operations, such as the sector and operational context. Due diligence should further encompass adverse environmental impacts resulting from the violation of one of the prohibitions and obligations pursuant toand climate impacts on the main ecosystem elements (climate, air, water, soil, biodiversity, light, noise, vibration, human health) or on the interrelations between them, on the transition to a circular economy, including but not limited to impairment to reusability and recyclability, as well as impacts resulting from any violation of one of the international environmental standards enshrined, including but not limited to, in the international environmental conventions listed in the Annex to this Directive.
Amendment 68 #
2022/0051(COD)
Proposal for a directive
Recital 26
Recital 26
(26) Companies have guidance at their disposal that illustrates how their activities may impact human rights and which corporate behaviour is prohibited in accordance with internationally recognised human rights. Such guidance is included for instance in The United Nations Guiding Principles Reporting Framework104 and the United Nations Guiding Principles Interpretative Guide105 . Using relevant international guidelines and standards as a reference, the Commission should be able to issue additional guidance that will serve as a practical tool for companies, especially for small and medium-sized enterprises, and for microenterprises that might be indirectly impacted by this Directive. __________________ 104 https://www.ungpreporting.org/wp- content/uploads/UNGPReportingFramewor k_withguidance2017.pdf. 105 https://www.ohchr.org/Documents/Issues/ Business/RtRInterpretativeGuide.pdf.https: //www.ohchr.org/Documents/Issues/Busine ss/RtRInterpretativeGuide.pdf.
Amendment 75 #
2022/0051(COD)
Proposal for a directive
Recital 28
Recital 28
(28) In order to ensure that due diligence forms part of companies’ corporate policies, and in line with the relevant international framework, companies should integrate due diligence into all their corporate policies and have in place a due diligence policy. The due diligence policy should contain a description of the company’s approach, including in the long term, to due diligence, a code of conduct describing the rules and principles to be followed by the company’s employees and subsidiaries; a description of the processes put in place to implement due diligence, including the measures taken to verify compliance with the code of conduct and to extend its application to established business relationships. The code of conduct should apply in all relevant corporate functions and operations, including procurement and purchasing decisions. Companies should also update their due diligence policy annually.
Amendment 79 #
2022/0051(COD)
Proposal for a directive
Recital 31
Recital 31
(31) In order to avoid undue burden on the smaller companies operating in high- impact sectors which are covered by this Directive, those companies should only be obliged to identify those actual or potential severe adverse impacts that are relevSMEs covered by this Directive, those companies should be supported with adequate and targeted measures antd to the respective sectorols.
Amendment 81 #
2022/0051(COD)
Proposal for a directive
Recital 34
Recital 34
(34) So as to comply with the prevention and mitigation obligation under this Directive, companies should be required to take the following actions, where relevant. Where necessary due to the complexity of prevention measures, companies should develop and implement a prevention action plan. Companies should seek to obtain contractual assurances from a direct partner with whom they have an established business relationship that it will ensure compliance with the code of conduct or the prevention action plan, including by seeking corresponding contractual assurances from its partners to the extent that their activities are part of the companies’ value chain. The contractual assurances should be accompanied by appropriate measures to verify compliance. To ensure comprehensive prevention of actual and potential adverse impacts, companies should also make investments which aim to prevent adverse impacts, provide targeted and proportionate support for an SME with which they have an established business relationship such as financing, for example, through direct financing, low-interest loans, guarantees of continued sourcing, and assistance in securing financing, to help implement the code of conduct or prevention action plan, or technical guidance such as in the form of capacity- building via activities such as training, management systems upgrading, and collaborate with other companies to develop guidance and sectoral supporting materials, with a particular focus on limiting the potential burden on microenterprises.
Amendment 89 #
2022/0051(COD)
Proposal for a directive
Recital 37
Recital 37
(37) As regards direct and indirect business relationships, industry cooperation, industry schemes and multi- stakeholder initiatives can help create additional leverage to identify, mitigate, and prevent adverse impacts. Therefore it should be possible for companies to rely on such initiatives to support the implementation of their due diligence obligations laid down in this Directive to the extent that such schemes and initiatives are appropriate to support the fulfilment of those obligations. Companies could assess, at their own initiative, the alignment of these schemes and initiatives with the obligations under this Directive. In order to ensure full information on such initiatives, the Directive should also refer to the possibility for the Commission and the Member States toshould facilitate the dissemination of information on such schemes or initiatives and their outcomes. The Commission, in collaboration with Member States, mayshould issue guidance for assessing the fitness of industry schemes and multi-stakeholder initiatives.
Amendment 92 #
2022/0051(COD)
Proposal for a directive
Recital 38
Recital 38
(38) Under the due diligence obligations set out by this Directive, if a company identifies actual human rights or environmental adverse impacts, it should take appropriate measures to bring those to an end. It can be expected that a company is able to bring to an end actual adverse impacts in their own operations and in subsidiaries. However, it should be clarified that, as regards established business relationships, where adverse impacts cannot be brought to an end, companies should minimise the extent of such impacts. Minimisation of the extent of adverse impacts should require an outcome that is the closest possible to bringing the adverse impact to an end. To provide companies with legal clarity and certainty, this Directive should define which actions companies should be required to take for bringing actual human rights and environmental adverse impacts to an end and minimisation of their extent, where relevant depending on the circumstances.
Amendment 96 #
2022/0051(COD)
Proposal for a directive
Recital 39
Recital 39
(39) So as to comply with the obligation of bringing to an end and minimising the extent of actual adverse impacts under this Directive, companies should be required to take the following actions, where relevant. They should neutralise the adverse impact or minimise its extent, with an action proportionate to the significance and scale of the adverse impact and to the contribution of the company’s conduct to the adverse impact. Where necessary due to the fact that the adverse impact cannot be immediately brought to an end, companies should develop and implement a corrective action plan with reasonable and clearly defined timelines for action and qualitative and quantitative indicators for measuring improvement. Companies should also seek to obtain contractual assurances from a direct business partner with whom they have an established business relationship that they will ensure compliance with the company’s code of conduct and, as necessary, a prevention action plan, including by seeking corresponding contractual assurances from its partners, to the extent that their activities are part of the company’s value chain. The contractual assurances should be accompanied by the appropriate measures to verify compliance. Finally, companies should also make investments aiming at ceasing or minimising the extent of adverse impact, provide targeted and proportionate support for an SMEs and notably microenterprises with which they have an established business relationships and collaborate with other entities, including, where relevant, to increase the company’s ability to bring the adverse impact to an end.
Amendment 105 #
2022/0051(COD)
Proposal for a directive
Recital 43
Recital 43
(43) Companies should monitor the implementation and effectiveness of their due diligence measures. They should carry out periodic assessments of their own operations, those of their subsidiaries and, where related to the value chains of the company, those of their established business relationships, to monitor the effectiveness of the identification, prevention, minimisation, bringing to an end and mitigation of human rights and environmental adverse impacts. Such assessments should verify that adverse impacts are properly identified, due diligence measures are implemented and adverse impacts have actually been prevented or brought to an end. In order to ensure that such assessments are up-to- date, they should be carried out at least every 12 months and be revised in-between if there are reasonable grounds to believe that significant new risks of adverse impact could have arisen.
Amendment 106 #
2022/0051(COD)
Proposal for a directive
Recital 45
Recital 45
(45) In order to facilitate companies’ compliance with their due diligence requirements through their value chain and limiting shifting compliance burden on SME business partners, the Commission should provide guidance on model contractual clauses, including with a focus on SMEs, and microenterprises that could be impacted by this Directive.
Amendment 109 #
2022/0051(COD)
Proposal for a directive
Recital 46
Recital 46
(46) In order to provide support and practical tools to companies or to Member State authorities on how companies should fulfil their due diligence obligations, the Commission, using relevant international guidelines and standards as a reference, and in consultation with Member States and stakeholders, the European Union Agency for Fundamental Rights, the European Environment Agency, and where appropriate with international bodies having expertise in due diligence, should have the possibility to issue guidelineissue guidelines and other support materials, including for specific sectors or specific adverse impacts, as well as for the compliance of SMEs.
Amendment 110 #
2022/0051(COD)
Proposal for a directive
Recital 47
Recital 47
(47) Although SMEmicroenterprises are not included in the scope of this Directive, they could be impacted by its provisions as contractors or subcontractors to the companies which are in the scope. The aim is nevertheless to mitigate financial or administrative burden on SMEs and in particular of microenterprises, many of which are already struggling in the context of the global economic and sanitary crisis. In order to support SMEs and notably microenterprises, Member States should set up and operate supporting materials, either individually or jointly, such as dedicated websites, toolkits, portals or platforms, and Member States cshould also financially support SMEs and help them build capacity to comply with this Directive. Such support should also be made accessible, and where necessary adapted and extended to upstream economic operators in third countries. Companies whose business partner is an SME and in particular a microenterprise, are also encouraged to support them to comply with due diligence measures, in case such requirements would jeopardize the viability of the SME and use fair, reasonable, non-discriminatory and proportionate requirements vis-a-vis the SMEs.
Amendment 113 #
2022/0051(COD)
Proposal for a directive
Recital 48
Recital 48
(48) In order to complement Member State support to SMEs and notably microenterprises that might be indirectly impacted by this Directive, the Commission mayshould build on existing EU tools, projects and other actions helping with the due diligence implementation in the EU and in third countries. It may, and set up new support measures that provide help to companies, including measures focussing specifically on compliance of SMEs onwith due diligence requirements, including an observatory for value chain transparency and the facilitation of joint stakeholder initiatives.
Amendment 116 #
2022/0051(COD)
Proposal for a directive
Recital 50
Recital 50
(50) In order to ensure that this Directive effectively contributes to combating climate change, companies should adopt a plan to ensure that the business model and strategy of the company are compatible with the transition to a sustainable economy and with the limiting of global warming to 1.5 °C in line with the Paris Agreement. In case climate is or should have been identified as a principal risk for or a principal impact of the company’s operations, the company should include emissions reduction objectives in its plan and with the EU climate objectives enshrined in the 'European Climate Law'.
Amendment 118 #
2022/0051(COD)
Proposal for a directive
Recital 51
Recital 51
(51) With a view to ensure that such emission reducThe climate targets and transition plan ishould be properly implemented and embedded in the financial incentives of directors, the plan shouland be duly taken into account when setting directors’ variable remuneration, if variable remuneration is linked to the contribution of a director to the company’s business strategy and long- term interests and sustainability.
Amendment 126 #
2022/0051(COD)
Proposal for a directive
Recital 57
Recital 57
(57) As regards damages occurring at the level of established indirect business relationships, the liability of the company should be subject to specific conditions. The company should not be liable if it carried out specific due diligence measures. However, it should not be exonerated from liability through implementing such measures in case it was unreasonable to expect that the action actually taken, including as regards verifying compliance, would be adequate to prevent, mitigate, bring to an end or minimise the adverse impact. In addition, in the assessment of the existence and extent of liability, due account is to be taken of the company’s efforts, insofar as they relate directly to the damage in question, to comply with any remedial action required of them by a supervisory authority, any investments made and any targeted support provided as well as any collaboration with other entities to address adverse impacts in its value chains.
Amendment 144 #
2022/0051(COD)
Proposal for a directive
Article 1 – paragraph 1 – subparagraph 1 – point a
Article 1 – paragraph 1 – subparagraph 1 – point a
(a) on obligations for companies regarding actual and potential human rights adverse impacts and environmental adverse impacts, with respect to their own operations, the operations of their subsidiaries, and the value chain operations carried out by entities with whom the company has an established business relationship and
Amendment 148 #
2022/0051(COD)
Proposal for a directive
Article 1 – paragraph 1 – subparagraph 2
Article 1 – paragraph 1 – subparagraph 2
Amendment 157 #
2022/0051(COD)
Proposal for a directive
Article 2 – paragraph 1 – introductory part
Article 2 – paragraph 1 – introductory part
1. This Directive shall apply to companies which are formed in accordance with the legislation of a Member State and which fulfil o, with the exception of micro-enterprises as defined by article 2(3) of the Annex of the following coCommission Recommendiations: 2003/361.
Amendment 159 #
2022/0051(COD)
Proposal for a directive
Article 2 – paragraph 1 – point a
Article 2 – paragraph 1 – point a
Amendment 164 #
2022/0051(COD)
Proposal for a directive
Article 2 – paragraph 1 – point b
Article 2 – paragraph 1 – point b
Amendment 193 #
2022/0051(COD)
Proposal for a directive
Article 2 – paragraph 2 – introductory part
Article 2 – paragraph 2 – introductory part
2. This Directive shall also apply to companies which are formed in accordance with the legislation of a third country, and fulfil one of the following conditions:have generated a net turnover of more than EUR 8 million in the Union in the financial year preceding the last financial year.
Amendment 194 #
2022/0051(COD)
Proposal for a directive
Article 2 – paragraph 2 – point a
Article 2 – paragraph 2 – point a
Amendment 198 #
2022/0051(COD)
Proposal for a directive
Article 2 – paragraph 2 – point b
Article 2 – paragraph 2 – point b
Amendment 235 #
2022/0051(COD)
Proposal for a directive
Article 3 – paragraph 1 – point b
Article 3 – paragraph 1 – point b
(b) ‘adverse environmental impact’ means an adverse impact on the environment resulting from the violation of one of the prohibitions and obligations pursuant to the international environmental conventions listed in the Annex, Part II;and climate impact’ means an adverse impact:
Amendment 237 #
2022/0051(COD)
Proposal for a directive
Article 3 – paragraph 1 – point b – point i (new)
Article 3 – paragraph 1 – point b – point i (new)
(i) contributing to exceed planetary boundaries;
Amendment 238 #
2022/0051(COD)
Proposal for a directive
Article 3 – paragraph 1 – point b – point ii (new)
Article 3 – paragraph 1 – point b – point ii (new)
(ii) on the elements or functions of ecosystems and the interrelations between them: (a) climate, including but not limited to greenhouse gas emissions and the destruction or degradation of sinks; (b) air and the atmosphere, including but not limited to air pollution; (c) water and access to water, including but not limited to water pollution and depletion of freshwater; (d) soil, including but not limited to soil pollution, soil erosion, land use and land degradation, soil contamination from waste disposal and treatment; (e) biodiversity, including but not limited to damage to wildlife, flora, seabed and marine environment, natural habitats and ecosystems; (f) the transition to a circular economy, including but not limited to impairment to reusability and recyclability; (g) hazardous substances; (h) energy use; (i) light, noise and vibration, including but not limited to noise and light pollution; (j) human health in accordance with the ‘One Health approach’;
Amendment 239 #
2022/0051(COD)
Proposal for a directive
Article 3 – paragraph 1 – point b – point iii (new)
Article 3 – paragraph 1 – point b – point iii (new)
(iii) on the environment resulting from any violation of one of the international environmental standards enshrined, including but not limited to, in the international environmental conventions listed in the Annex, Part II;
Amendment 247 #
2022/0051(COD)
Proposal for a directive
Article 3 – paragraph 1 – point e a (new)
Article 3 – paragraph 1 – point e a (new)
(ea) 'high-impact sector' means any of the following sectors: (i) the production, use and disposal of organic and inorganic chemicals, including pharmaceuticals, plant protection products and fertilisers; (ii) the manufacture of textiles, leather, fur, and related products(including footwear), and the wholesale trade of textiles, clothing and footwear; (iii) plastic production, waste shipment and management; (iv) agriculture, forestry, fisheries (including aquaculture), the manufacture of food products, and the wholesale trade of agricultural raw materials, live animals, animal products, wood, food, beverages; (v) construction sector and infrastructure building; (vi) the transportation sector, logistics and storage; (vii) the extraction and refining of mineral resources regardless of where they are extracted from (including crude petroleum, natural gas, coal, lignite, metals and metal ores, as well as all other, non-metallic minerals and quarry products), the manufacture of basic metal products, other non-metallic mineral products and fabricated metal products (except machinery and equipment), and the wholesale trade of mineral resources, basic and intermediate mineral products (including metals and metal ores, construction materials, fuels, chemicals and other intermediate products); (viii) the energy sector including gas, nuclear, steam, electricity and other sources throughout their life cycle, from extraction, refining, production, combustion of fuels, transportation, storage and waste management including radioactive waste; (ix) the services provided by regulated financial undertakings defined in Art. 3(a)(iv) such as loan, credit, financing, investment, pensions, securitisation, insurance and reinsurance, market funding, risk management, payment services and other financial services.
Amendment 250 #
2022/0051(COD)
Proposal for a directive
Article 3 – paragraph 1 – point f
Article 3 – paragraph 1 – point f
Amendment 260 #
2022/0051(COD)
Proposal for a directive
Article 3 – paragraph 1 – point g
Article 3 – paragraph 1 – point g
(g) ‘value chain’ means activities related to the production of goods or the provision of services by a companythe company, by its subsidiaries or by companies in which it holds minority shareholding, including the development of the product or the service and the use and disposal of the product as well as the related activities of upstream and downstream established business relationships of the company or its subsidiaries. As regards companies within the meaning of point (a)(iv), ‘value chain’ with respect to the provision of these specific services shall only include the activities of the clients receiving such loan, credit, and other financial services and of other companies belonging to the same group whose activities are linked to the contract in question. The value chain of such regulated financial undertakings does not cover SMEs receiving loan, credit, financing, insurance or reinsurance of such entities;
Amendment 298 #
2022/0051(COD)
Proposal for a directive
Article 5 – paragraph 1 – point c
Article 5 – paragraph 1 – point c
(c) a description of the processes put in place to implement due diligence, including the measures taken to verify compliance with the code of conduct and to extend its application to established business relationships.
Amendment 304 #
2022/0051(COD)
Proposal for a directive
Article 5 – paragraph 2 a (new)
Article 5 – paragraph 2 a (new)
2a. For companies operating in one of the sectors referred to in Article 3 (ea), the provisions described in this Article shall include a detailed focus on the risks that are specific to that sector.
Amendment 315 #
2022/0051(COD)
Proposal for a directive
Article 6 – paragraph 1
Article 6 – paragraph 1
1. Member States shall ensure that companies take appropriate measures to identify actual and potential adverse human rights impacts and adverse environmental impacts arising from their own operations or those of their subsidiaries and, where related to their value chains, from their established business relationships, in accordance with paragraph 2, 3 and 4.
Amendment 320 #
2022/0051(COD)
Proposal for a directive
Article 6 – paragraph 2
Article 6 – paragraph 2
Amendment 335 #
2022/0051(COD)
Proposal for a directive
Article 7 – paragraph 1
Article 7 – paragraph 1
1. Member States shall ensure that companies take appropriate measures to prevent, or where prevention is not possible or not immediately possible, adequately mitigate potential adverse human rights impacts and adverse environmental impacts that have been, or should have been, identified pursuant to Article 6, in accordance with paragraphs 2, 3, 4 and 5 of this Article. Member States shall ensure that companies operating in a sector referred in Article 3 (ea) take all the necessary measures to target the specific risks arising from their specific sector.
Amendment 347 #
2022/0051(COD)
Proposal for a directive
Article 7 – paragraph 2 – point b
Article 7 – paragraph 2 – point b
(b) seek contractual assurances from a business partner with whom it has a direct business relationship that it will ensure compliance with the company’s code of conduct and, as necessary, a prevention action plan, including by seeking corresponding contractual assurances from its partners, to the extent that their activities are part of the company’s value chain (contractual cascading). When such contractual assurances are obtained, paragraph 4 shall apply. In case the business partner belongs to one of the sectors referred to in Article 3, point (ea), the assurances shall include details on ensuring compliance with regards to the risks that are specific to that sector;
Amendment 361 #
2022/0051(COD)
Proposal for a directive
Article 7 – paragraph 2 – point d
Article 7 – paragraph 2 – point d
(d) provide targeted and proportionate support for an SME with which the company has an established business relationship, where compliance with the code of conduct or the prevention action plan would jeopardise the viability of the SME;
Amendment 396 #
2022/0051(COD)
Proposal for a directive
Article 8 – paragraph 3 – point c
Article 8 – paragraph 3 – point c
(c) seek contractual assurances from a direct partner with whom it has an established business relationship that it will ensure compliance with the code of conduct and, as necessary, a corrective action plan, including by seeking corresponding contractual assurances from its partners, to the extent that they are part of the value chain (contractual cascading). When such contractual assurances are obtained, paragraph 5 shall apply. In case the business partner belongs to one of the sectors referred to in Article 3, point (ea), the assurances shall include details on ensuring compliance with regards to the risks that are specific to that sector.
Amendment 406 #
2022/0051(COD)
Proposal for a directive
Article 8 – paragraph 3 – point e
Article 8 – paragraph 3 – point e
(e) provide targeted and proportionate support for an SME with which the company has an established business relationship, where compliance with the code of conduct or the corrective action plan would jeopardise the viability of the SME;
Amendment 454 #
2022/0051(COD)
Proposal for a directive
Article 10 – paragraph 1
Article 10 – paragraph 1
Member States shall ensure that companies carry out periodic assessments of their own operations and measures, those of their subsidiaries and, where related to the value chains of the company, those of their established business relationships, to monitor the effectiveness of the identification, prevention, mitigation, bringing to an end and minimisation of the extent of human rights and environmental adverse impacts. Such assessments shall be based, where appropriate, on qualitative and quantitative indicators and be carried out at least every 12 months and whenever there are reasonable grounds to believe that significant new risks of the occurrence of those adverse impacts may arise. The due diligence policy shall be updated in accordance with the outcome of those assessments.
Amendment 459 #
2022/0051(COD)
Proposal for a directive
Article 12 – paragraph 1
Article 12 – paragraph 1
In order to provide support to companies to facilitate their compliance with Article 7(2), point (b), and Article 8(3), point (c), the Commission shall adopt guidance about voluntary model contract clauses, taking due consideration of the structurally more limited capacities and resources of SMEs.
Amendment 462 #
2022/0051(COD)
Proposal for a directive
Article 13 – paragraph 1
Article 13 – paragraph 1
In order to provide support to companies or to Member State authorities on how companies should fulfil their due diligence obligations, the Commission, in consultation with Member States and stakeholders, the European Union Agency for Fundamental Rights, the European Environment Agency, and where appropriate with international bodies having expertise in due diligence, mayshall issue guidelines, including for specific sectors or specific adverse impacts, and for the compliance of SMEs taking due consideration of their structurally more limited capacities and resources.
Amendment 466 #
2022/0051(COD)
Proposal for a directive
Article 14 – paragraph 1
Article 14 – paragraph 1
1. Member States shall, in order to provide information and support to companies and the partners with whom they have established business relationships in their value chains in their efforts to fulfil the obligations resulting from this Directive, set up and operate individually or jointly supporting materials such as dedicated websites, platforms or portals. Specific consideration shall be given, in that respect, to the SMEs and notably microenterprises that are present in the value chains of companies.
Amendment 471 #
2022/0051(COD)
Proposal for a directive
Article 14 – paragraph 2
Article 14 – paragraph 2
2. Without prejudice to applicable State aid rules, Member States may financially support SMEs, with a particular focus on microenterprises impacted by this Directive.
Amendment 473 #
2022/0051(COD)
Proposal for a directive
Article 14 – paragraph 3
Article 14 – paragraph 3
3. The Commission mayshall establish due diligence advisors under the scope of the Enterprise Europe Network and shall complement Member States’ support measures building on existing Union action to support due diligence in the Union and in third countries and may devise new measures, including facilitation of joint stakeholder initiatives to help companies fulfil their obligations.
Amendment 479 #
2022/0051(COD)
Proposal for a directive
Article 15 – title
Article 15 – title
Combating climate changelimate targets and transition plans
Amendment 480 #
2022/0051(COD)
Proposal for a directive
Article 15 – paragraph 1
Article 15 – paragraph 1
1. Member States shall ensure that companies referred to in Article 2(1), point (a), and Article 2(2), point (a), shall adopt a, shall develop, adopt, and implement a transition plan to ensure that the business model and strategy of the company are compatiblealigned with the transition to a sustainable economy and with the limiting of global warming to 1.5 °C in line with the Paris Agreement. This plan shall, in particular, identify, on the basis of information reasonably available to the company, the extent to which c, and with the EU climate objectives by 2030 and 2050, as established in the EU Regulation 2021/1119, pursuant to the latest recommendations of the IPCC and the European Scientific Advisory Board on Climate cChange is a risk for, or an impact. This plan shall take into account the entire value chain of, the company’s operations. and shall include:
Amendment 482 #
2022/0051(COD)
Proposal for a directive
Article 15 – paragraph 1 – point a (new)
Article 15 – paragraph 1 – point a (new)
(a) a description of the time-bound, short, medium, and long-term targets related to their climate objectives for at least 2030 and 2050, including interim targets, including absolute greenhouse gas emission reduction targets for scope 1, 2 and 3 and avoiding any misleading neutrality or other misleading claims. These targets should be science-based and regularly updated in line with the best available science, and reviewed every five years up to 2050;
Amendment 483 #
2022/0051(COD)
Proposal for a directive
Article 15 – paragraph 1 – point b (new)
Article 15 – paragraph 1 – point b (new)
(b) an identification and explanation of decarbonisation levers within the company’s operations and value chain, and related financial and investment plans;
Amendment 484 #
2022/0051(COD)
Proposal for a directive
Article 15 – paragraph 1 – point c (new)
Article 15 – paragraph 1 – point c (new)
(c) implementing actions and a description of the progress made to achieve the short, medium, and long-term targets, covering each of their scope 1, 2 and 3 emissions globally, with a prioritisation of decarbonisation, greenhouse gas emission reduction and the closure of carbon intensive assets over their sale to third parties, including in developing countries.
Amendment 486 #
2022/0051(COD)
Proposal for a directive
Article 15 – paragraph 2
Article 15 – paragraph 2
2. Member States shall ensure that, in case climate change is or should have been identified as a principal risk for, or a principal impact of, the company’s operations, the company includes emission reduction objectives in its plan. companies referred to in Article 2 integrate the climate targets and transition plan referred to in this Article into the companies' strategy. Member States shall ensure that boards have an obligation to ensure that environmental and climate risks and impacts are addressed in the company’s strategy.
Amendment 490 #
2022/0051(COD)
Proposal for a directive
Article 15 – paragraph 3
Article 15 – paragraph 3
3. Member States shall ensure that companies duly take into account the fulfilment of the obligations referred to in paragraphs 1 and 2 when setting variablalign a significant part of directors' variable remuneration with the proper implementation of the transition plan and the achievement of their climate targets and plan, in particular absolute gremuneration, if variable remuneration is linked to the contribution of a director to the company’s business strategy and long- term interests and sustainabilityenhouse gas emission reduction targets for scope 1, 2 and 3referred to in this Article. Directors shall be liable for achieving climate objectives and thus for overseeing the obligations set out in paragraphs 1 and 1a of this Article.
Amendment 525 #
2022/0051(COD)
Proposal for a directive
Article 22 – paragraph 2 – subparagraph 1
Article 22 – paragraph 2 – subparagraph 1
Notwithstanding paragraph 1, Member States shall ensure that where a company has taken the actions referred to in Article 7(2), point (b) and Article 7(4), or Article 8(3), point (c), and Article 8(5), it shall not be liable for damages caused by an adverse impact arising as a result of the activities of an indirect partner with whom it has an established business relationship, unless it was unreasonable, in the circumstances of the case, to expect that the action actually taken, including as regards verifying compliance, would be adequate to prevent, mitigate, bring to an end or minimise the extent of the adverse impact.
Amendment 13 #
2021/2010(INI)
Motion for a resolution
Citation 16 a (new)
Citation 16 a (new)
— having regard for the ongoing work of the United Nations Committee of Experts on International Cooperation in Tax Matters on the Tax Challenges Related to the Digitalization of the Economy,
Amendment 19 #
2021/2010(INI)
Motion for a resolution
Recital A a (new)
Recital A a (new)
A a. whereas the current mechanisms of international corporate tax such as transfer pricing and the arm’s length principle are flawed, the digitalizing economy has exacerbated the problems already existing through an over-reliance by multinational companies on intangibles such as intellectual property;
Amendment 20 #
2021/2010(INI)
Motion for a resolution
Recital A b (new)
Recital A b (new)
A b. whereas on average, in the EU, digital businesses face an effective tax rate of only 9.5%, compared to 23.2% for traditional business models; (1) (1) Source: Computations from the Impact Assessment of the European Commission, based on ZEW (2016, 2017) and ZEW et al. (2017).
Amendment 22 #
2021/2010(INI)
Motion for a resolution
Recital C
Recital C
C. whereas the BEPS Action Plan has not succeeded in establishing asufficient global consensus on mimportanyt issues in order to fight tax evasion, aggressive tax planning and tax avoidance; whereas, however, there was no agreement in the past on addressing the tax challenges arising from the digitalisation of the economy, which led to the adoption of the separate BEPS Action 1 – 2015 Final Report; whereas over 100 non-OECD countries were not invited when BEPS Action Plan was negotiated and adopted, illustrating the lack of inclusiveness of the OECD process;
Amendment 27 #
2021/2010(INI)
Motion for a resolution
Recital E
Recital E
E. whereas the Commission has put forward two proposals on the taxation of the digital economy in 2018, including a short-term solution introducing a digital services tax (DST), and a long-term solution defining a significant digital presence (SDP) as a nexus for corporate taxation which should replace the DST; whereas Parliament supported all these proposals, but they were not adopted in the Council because Member Stahave been all blocked at Council level due to the fact that taxation matters could not reach the unanimous agreement needed in the realm of taxation at EU levelstill fall under the unanimity rule; whereas other important proposals are blocked such as the proposal for a Council Directive on a common consolidated corporate tax base (CCCTB);
Amendment 34 #
2021/2010(INI)
Motion for a resolution
Recital H
Recital H
H. whereas the lockdowns in response to the COVID-19 pandemic have accelerated the transition to an economy based on digital services, putting physical businesses at a further disadvantage ; whereas such companies are making excess profits on the back of traditional businesses and such profits are not being adequately taxed; whereas there is an urgent need to act swiftly, taking into account the aim of the G20/OECD IF to conclude its negotiations in July 2021; whereas the initial deadline of end 2020 has already been missed;
Amendment 40 #
2021/2010(INI)
Motion for a resolution
Recital I a (new)
Recital I a (new)
I a. whereas Member States should closely collaborate and take a united, strong and ambitious position in international tax negotiations, the idea of competing through offering a lower tax environment being outdated and dangerous;
Amendment 43 #
2021/2010(INI)
Motion for a resolution
Recital I b (new)
Recital I b (new)
I b. whereas the Interinstitutional Agreement on budgetary cooperation of 16 December 2020 (IIA) refers to a legally binding commitment towards the introduction of an EU digital levy as an own resource by 1 January 2023;
Amendment 45 #
2021/2010(INI)
Motion for a resolution
Recital I c (new)
Recital I c (new)
I c. whereas the OECD-led negotiations will be heavily discussed over the next months; whereas the Council Conclusions of 27 November state that the European Council will "assess the situation regarding the work on the important issue of digital taxation" in March 2021; whereas G20 Finance Ministers will meet on 7-8 April 2021 and 9-10 July 2021 and take stock of the negotiations of the Inclusive Framework on both Pillars of the international negotiations;
Amendment 49 #
2021/2010(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Notes that the current rules date back to the early 20th century, and are mainly based on physical presence; points out that digitalisedation has greatly increased the ability of companies canto engage in significant business activities in a jurisdiction without physical presence there, and therefore taxes paid in one jurisdiction no longer reflect the value and profits created there; regretwarns that there is a much broader issue of profit misalignment by multinational companies, also less digitalized ones, facilitated by the current international tax rules; deplores that the traditional concept of permanent establishment fails to cover the new aspects of digital businesseshas become outdated for the 21st century, and underlines the need to define virtualfor a wider definition of permanent establishment; stresses that users of online platforms and consumers of digital services are now central features in value creation by highly digitalized businesses and cannot be shifted outside a jurisdiction in the same way as capital and labour, and should therefore be the basis for the definition of a new tax nexus in order to provide an effective remedy against aggressive planning; warns against a narrow definition of the problems at stake that would result in designing targeted rules for certain businesses only;
Amendment 60 #
2021/2010(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Regrets the shortcomings of the international tax system, which is unfit for properly addressing the challenges of globalisation and digitalisation; calls for an international agreement aiming for a fair and effective tax system; calls for a deep reform of the tax system as a whole that is largely flawed, in particular due to the transfer pricing fiction that enables tax fraud and tax avoidance; highlights the need to tax multinational corporations on the basis of their global consolidated profits instead, treating corporate groups as single entities for tax purposes, with taxing rights being allocated between countries based on a fair and effective formula; recalls that the Commission proposal on a common consolidated corporate tax base (CCCTB) aims to introduce such a system within the EU; deplores the fact that the Member States were not able to agree on this proposal yet; calls on the Council to swiftly adopt the CCTB and CCCTB proposals;
Amendment 72 #
2021/2010(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Highlights the need to address the under-taxation of the digital economy, while ensuring a fair distribution of taxing rights among all countries where thelarge companies, in particular highly digitalized businesses, while solving the current and recurrent profit misalignment by companies and allowing a fair distribution of taxing rights among all countries, in particular those with little multinational companies resident, where the economic activity and value creation of multinational digital companies takes place;
Amendment 87 #
2021/2010(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Notes that on average digital business models face significantly lower effective tax rates than traditional business models which rely on physical presence; recalls that on average, digital businesses face an effective tax rate of only 9.5%, compared to 23.2% for traditional business models; regrets that tax avoidance linked to aggressive tax planning is not only detrimental to the collection of public revenues but also puts businesses, especially SMEs, at a disadvantage, while creating barriers for new local entrants;
Amendment 95 #
2021/2010(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Welcomes the efforts in the G20/OECD IF to reach a global consensus on a multilateral reform of the international tax system to address the challenges of the digitalised economy; acknowledges the progress of discussions on the proposals at technical level, despite the delays caused by the COVID-19 pandemic, but deplores that the initial deadline of end 2020 for the international agreement was not met, and calls for a swift agreement by mid- 2021; highlights the value of the G20/OECD IF forneed for a negotiating process as inclusive as possible in order to guaranteeing multilateral solutions and finding support at the global and EU levelglobal level; is concerned that the current design of Pillar 1 and Pillar 2 do not reflect the interests of developing countries; warns that there is still no level playing field and full inclusion of non- OECD countries in particular low-income countries; calls on EU Member States to also actively engage on tax issues in other international fora such as the UN;
Amendment 100 #
2021/2010(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. Reiterates the Parliament’s support for the creation of an intergovernmental tax body within the framework of the UN, which should be well equipped and have sufficient resources and, where appropriate, enforcement powers, and would ensure that all countries can participate on an equal footing in the formulation and reform of a global tax agenda;[1] [1] Recital 341, European Parliament resolution of 26 March 2019 on financial crimes, tax evasion and tax avoidance (2018/2121(INI)), https://www.europarl.europa.eu/doceo/doc ument/TA-8-2019-0240_EN.html
Amendment 103 #
2021/2010(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Welcomes the fact that the two pillar approach suggested in the G20/OECD IF does not ring fence the digital economy but seeks a comprehensive solution to the new challenges of the digitalized economy; acknowledges that both pillars are complementary, and supports a holistic solution in which one pillar is not adopted without the otherwhere both pillars are implemented; deplores that most Member States have been pushing to focus solely on taxing highly digitalized companies leaving out the broader issues of the international tax system; considers that a lack of agreement on Pillar 1 should not discourage consensus and agreement on Pillar 2;
Amendment 108 #
2021/2010(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Welcomes the proposal underOECD’s secretariats efforts in finding a solution on how to adapt our current international tax rules to a globalizing and digitalizing economy; ; welcomes the core idea of Pillar One ofto create a new tax nexus and new taxing rights which would create the possibility of taxing multinational enterprises (MNEs) in market jurisdictions, even where they have no physical presence based on their economic activity; regrets however that the limited and overly complex proposals under Pillar One are at the moment not reflecting this idea sufficiently; underlines that the interaction with users and consumers significantly contributes to value creation in digital business models, and should therefore be taken into account when allocating taxing rights; stresses that the scope of these new taxing rights should cover all large MNEs which could engage in BEPS practices, while not creating further and unnecessary burdens on SMEs; is concerned however that the current Pillar One proposal would actually increase the complexity of the international tax system, making it resource-demanding and challenging to administer; is concerned that an overly complex system could actually add opportunities to circumvent the newly agreed rules; calls therefore on a re- design of current taxing rights in a way that is not adding more complexity, but rather is easy to administer and implement by all countries, and comprehensive enough to represent a transformative change in the current status quo; invites, in order to deliver the initial objectives of Pillar One, to reconsider the proposal towards simpler and more ambitious rules, as well as a lower revenue threshold;
Amendment 113 #
2021/2010(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7 a. Regrets the focus on automated digital services or consumer facing businesses only in the Pillar One proposal as it stands; deplores the role Member States have played in this; considers that the scope of the reform should not only cover highly digital or consumer facing businesses but cover all large firms having the possibility to engage in BEPS practices by exploiting the current international tax frameworks; notes that a too restrictive approach severely undermines the fairness and effectiveness of the proposal; in this regard calls on Member States to push for a high allocation percentage and fair and equal allocation of profits and to drop the delineation between routine and non- routine profits;
Amendment 116 #
2021/2010(INI)
Motion for a resolution
Paragraph 7 b (new)
Paragraph 7 b (new)
7 b. Observes that the negotiations under Pillar One might conclude with a limited scope, targeting solely highly digitalized businesses in order to reach a simpler agreement within the limited timeframe; insists that in the event of such outcome, the EU should within the G20 push for a renewed mandate for the OECD to immediately launch a new process to fundamentally revise the flawed international tax system and completely depart from the arm’s length principle for all the large companies; points out that such process could be jointly organized with the UN Tax Committee; emphasises that such process should lead to a fairer distribution of taxing rights among countries;
Amendment 118 #
2021/2010(INI)
Motion for a resolution
Paragraph 7 c (new)
Paragraph 7 c (new)
7 c. considers that any minimum rate under Pillar Two should be set at a fair and sufficient level - of at least 20% - in order to effectively discourage profit shifting and prevent damaging tax competition;notes the Independent Commission for the Reform of International Corporate Taxation has even recommended a rate of 25%[1];raises concerns that a low threshold such as 12,5% would likely lead to a global race to the bottom towards this minimum floor for corporate taxation by most countries, which would be damaging for all in the end;calls on the Commission to swiftly put forward a proposal for a minimum corporate effective tax rate at EU level, independently of progress made at international level;deplores that the OECD had to resort to carve-outs which weakens the impact of Pillar Two;however takes note of the compromise found to embed formulaic based substance rules in the minimum tax design and calls on the OECD and Member States to extend this idea to the allocation of the minimum tax rights in order to stop the current artificial and highly unequal separation between resident and source countries; [1] Independent Commission for the Reform of International Corporate Taxation, INTERNATIONAL CORPORATE TAX REFORM: Towards a fair and comprehensive solution, 2019, https://static1.squarespace.com/static/5a0 c602bf43b5594845abb81/t/5d979e6dc5f7c b7b66842c49/1570217588721/ICRICT- INTERNATIONAL+CORPORATE+TAX +REFORM.pdf
Amendment 127 #
2021/2010(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Calls on the Commission and the Council to intensify the dialogue with the new US administration on digital tax policy with the aim of finding a common approach in the framework of the G20/OECD IF negotiations before June 2021; calls on the Council to oppose the ‘safe harbour’ clause, proposed by the US administration, which seriously risks undermining the reform efforts;
Amendment 134 #
2021/2010(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. WelcomNotes the proposal of a dispute prevention and resolution mechanism but underlines that tax certainty is best achieved by establishing simple, clear and harmonised rules that prevent disputes in the first place;
Amendment 135 #
2021/2010(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9 a. Calls on the Commission to complete its own impact assessment on the effects of Pillars One and Two on revenue collection for the Member States and to inform the Council and Parliament about its findings; calls on the Commission, based on such impact assessment, to advise and guide Member States to take positions in the negotiations that defend the global interest and not just the self-interest of certain countries; emphasises that tax sovereignty is best achieved through international cooperation and harmonisation of certain essential features;
Amendment 137 #
2021/2010(INI)
9 b. Calls on each Member State and the Commission to make their position in the OECD discussions for Pillar 1 and Pillar 2 publicly known and to coordinate them so as to speak as one single voice;
Amendment 140 #
2021/2010(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Regrets that the failure of the G20/OECD IF to find a solution in October 2020 will prolong the under-taxation of the digitalized economy; stresses that the COVID 19 pandemic has largely benefited digital businesses and accelerated the transition to a digitalized economy, thereby re-emphasising the need to reform the current tax system in order to ensure a fair contribution from the digital economy; recalls that digital businesses are among companies that registered excess profits during the COVID-19 pandemic compared with previous years; highlights that governments need to collect unprecedented resources to recover from the COVID-19 crisis and the mobilisation of revenues from under-taxed sectors is therefore much needed;
Amendment 149 #
2021/2010(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Insists therefore that, regardless of the progress of the negotiations at the G20/OECD IF, the EU should stand ready to roll out its own solutions for taxing the digitalized and globalized economy by the end of 2021 at the latest, including the adoption of the CCTB and CCCTB proposals together with the revision of the definition of a permanent establishment; recalls that the latter proposals are key to set up an appropriate and modern corporate taxation system; calls on the Commission to present proposals by June 2021, while anticipating their compatibility with the reform by the G20/OECD IF to be agreed on; stresses the need to create a level playing field for providers of traditional services and digital services in the EU by ensuring that the latter are taxed at an adequate rate; inviterecommends the Commission to consider in particular introducing a European Digital Services Tax as a necessary firsme up with a detailed roadmap for corporate taxation reform, taking into account different scenarios, in particular with and without agreement at OECD level by mid 2021; recalls that a European Digital Services Tax can only be envisaged as a first temporary step since more fundamental and long term solutions are needed such as the CCCTB and the revision of the definition of a permanent estepablishment of a company;
Amendment 169 #
2021/2010(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Understands that some Member States consider the taxation of digitalized economy an urgent issue and have therefore introduced digital services taxes at national level; recalls that these national measures should be phased out once a multilateral solution is found; calls on Member States to refrain from introducing national solutions unilaterally, as they create a risk of fragmentation of the single marketif an effective multilateral solution is found; recalls that although taxation is currently primarily a Member State competence, they must exercise it in coherence with the common principles of EU law in order to ensure coherence between national frameworks, thereby allowing for fair competition and, avoiding a negative impact on the overall coherence of EU taxation principles, and reducing tax avoidance and tax fraud; warns that digital services taxes are limited in scope and do not sufficiently cover the excessive profit margins by highly digitalized businesses during the COVID19 pandemic; notes in this regard that the digital services taxes do not cover direct online sales to customers; recommends Member States to look beyond digital services taxes as unilateral measures and also consider withholding taxes for example;
Amendment 193 #
2021/2010(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Regrets that the Council did not agree on any of the Commission’s related proposals, i.e. the digital services tax, the significant digital presence or the CCTB and CCCTB; calls on the Member States to reconsider their position on these proposals, and to consider all options provided for by the Treaties if no unanimous agreement can be reachedswiftly agree on these proposals, especially in light of the unprecedented circumstances of the COVID-19 crisis, and to consider all options provided for by the Treaties if no unanimous agreement can be reached; considers otherwise that the Council, by not making any progress on legislative files already voted by the European Parliament, would contravene the principle of sincere cooperation as laid down in Article 4(3) of the Treaty on the European Union (TEU);
Amendment 205 #
2021/2010(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13 a. Calls on the Commission to hold its commitment to use Article 116 of the TFEU for issuing proposals in taxation area, in order to circumvent the unanimity rule in Council and allow co- decision with the European Parliament; highlights that Article 116 TFEU would be a very effective legal basis to allow progress on such proposals, especially compared to the passerelle clause which itself requires unanimity;
Amendment 206 #
2021/2010(INI)
Motion for a resolution
Paragraph 13 b (new)
Paragraph 13 b (new)
13 b. Stresses that any new proposal should not come at the detriment of the adoption of the CCCTB; recognises indeed the advantages of the CCCTB proposal, in terms of simplicity and scope; invites therefore the Commission to consider how to better adapt the 2 BEPS Pillars to the CCCTB in case an agreement at the OECD is achieved; calls the Commission to revise the CCCTB proposal, if deemed necessary, taking into account new research and evidence available; recalls that the outcome of the OECD/G20 IF negotiations should not in any way prevent individual countries, and preferably the EU, from taking more ambitious actions;
Amendment 219 #
2021/2010(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Calls for a stronger role for Parliament in legislative procedures in the area of taxation; takes note of the Commission’s proposed roadmap to qualified majority voting in its communication entitled ‘Toward a more efficient and democratic decision-making in EU tax policy’; calls the Commission to be even more ambitious in this regard by exploring all options, including the use of Article 116 TFEU;
Amendment 225 #
2021/2010(INI)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15 a. Strongly encourages Member States to mandate the Commission to negotiate on their behalf any modification of their Double Tax Conventions, in order to uniformly adapt them in line with the agreement that would be found at international and/or at EU level, in particular as regards the definition of a permanent establishment and the creation of a taxable nexus for a significant digital presence;
Amendment 227 #
2021/2010(INI)
Motion for a resolution
Paragraph 15 b (new)
Paragraph 15 b (new)
15 b. Highlights that the implementation of an efficient and comprehensive international reform will be eased by the access to country-by-country reporting information; notes that, to date, many countries do not have access to such information; welcomes the recent efforts of the Council Presidency on the Proposal for public country-by-country reporting;
Amendment 231 #
2021/2010(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Welcomes the conclusions of the European Council of 21 July 20210, which task the Commission with putting forward proposals for additional own resources including a digital levy; and revenues from a common consolidated corporate tax base; notes that the digital levy needs to collect sufficient revenues in order for it to function as a proper own resource; is concerned in this regard that a narrow digital levy will collect only small revenues; welcomes the idea of a corporate income tax top-up that could function as an excess profit tax, as this could alleviate the unequal playing field exacerbated by COVID19 and restore fairness into the system; notes that the corporate income tax top-up might be the only option that would not infringe on the ongoing negotiations at the OECD; stresses that the digital levy should in no way discourage the adoption of longer- term and most needed solutions at international level and EU level such as the CCCTB and revision of the permanent establishment definition; recalls its position of 15 March 2018 on the CCCTB in favour of allocating a part of the fiscal revenues generated from the common consolidated corporate tax base to the general budget of the Union; calls on the Commission to come forward with such a proposal by the end of 2021 and on the Council to adopt it before the currently envisaged date of 2026;
Amendment 14 #
2021/0378(COD)
(2) Easy and structured access to data is important in order for decision makers in the economy and society to make sound informed, and environmentally and socially responsible investment 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.
Amendment 16 #
2021/0378(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) Apart from the information in relation to financial services, capital markets and sustainability that has to be made public under Union law, investors, market participants, advisors and the public at large may have an interest in obtaining other information that an entity wants to make accessible. SMicro, small and medium-sized enterprises may want to make more information publicly accessible in order to become more visible to potential investors and thereby increase funding and diversify funding opportunities. Also, market participants may want to provide more information than that required by Union law or to make public the information required by national law but not available at Union level in order to complement the information provided to the public at the Union level. Any entity should therefore be allowed to make financial, sustainability- related and other relevant information accessible on ESAP. Pursuant to the principles of data minimisation, accuracy, and data protection-by-design and by default entities should ensure that no personal data are included, except where those data constitute a necessary element of the information about their economic activities, including when the name of the entity coincides with the name of the owner. Where such information contains personal data, the entities should ensure that they can rely for such disclosure on one of the lawful grounds of processing laid down in Article 6 of Regulation (EU) 2016/679 of the European Parliament and of the Council26 . Entities submitting information to ESAP should remain responsible for the accuracy and reliability of such information. _________________ 26 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).
Amendment 20 #
2021/0378(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) To promote data-driven innovation in finance, help integrate capital markets in the European Union, channel investments into sustainable activities, and bring efficiencies for consumers and businesses, ESAP should improve access to information that include personal data. ESAP should, however, only improve access to those personal data that have to be processed pursuant to Union law, or that are processed voluntarily provided that there is a lawful ground for such processing pursuant to Regulation (EU) 2016/679 of the European Parliament and of the Council. For any processing of personal data in the context of providing information via ESAP, the collection bodies, and ESMA in its capacity as operator of ESAP and when performing its role of data processor and data controller, should ensure that Regulation (EU) 2016/679 and Regulation (EU) 2018/1725 of the European Parliament and of the Council28 are complied with. As regards the publication of information concerning administrative measures and other penalties, which may also include information concerning criminal convictions and offences within the meaning of Article 10 of Regulation (EU) 2016/67928a , and Article 11 of Regulation (EU) 2018/172528b, the processing of such data should be carried out only under control of a competent official authority, or when the processing is authorised by Union law providing for appropriate safeguards for the rights and freedoms of data subjects. _________________ 28 Regulation (EU) 2018/1725 of the European Parliament and of the Council of 23 October 2018 on the protection of natural persons with regard to the processing of personal data by the Union institutions, bodies, offices and agencies and on the free movement of such data, and repealing Regulation (EC) No 45/2001 and Decision No 1247/2002/EC (OJ L 295, 21.11.2018, p. 39). 28a 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). 28b Regulation (EU) 2018/1725 of the European Parliament and of the Council of 23 October 2018 on the protection of natural persons with regard to the processing of personal data by the Union institutions, bodies, offices and agencies and on the free movement of such data, and repealing Regulation (EC) No 45/2001 and Decision No 1247/2002/EC (OJ L 295, 21.11.2018, p. 39)
Amendment 27 #
2021/0378(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 2 a (new)
Article 2 – paragraph 1 – point 2 a (new)
(2 a) ‘personal data’ means personal data as defined in Article 4, point (1), of Regulation(EU) 2016/679;
Amendment 32 #
2021/0378(COD)
Proposal for a regulation
Article 3 – paragraph 1 – introductory part
Article 3 – paragraph 1 – introductory part
1. Any natural or legal person acting as a market participant 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:
Amendment 36 #
2021/0378(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point d a (new)
Article 3 – paragraph 1 – point d a (new)
(d a) anonymise personal data submitted to collection bodies, whenever possible.
Amendment 42 #
2021/0378(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point f – introductory part
Article 5 – paragraph 1 – point f – introductory part
(f) ensure that the information referred to in Article 1(1) remains available to ESAP for at least 10 years, unless stated otherwise in the legal acts referred to in Article 1(1), point (a). Personal data in the information submitted pursuant to Article 1(1) shall not be retained andfor longer than necessary and in any event it shall be not made available for longer than 5 years, unless stated otherwise in the legal acts referred to in Article 1(1), point (a).
Amendment 44 #
2021/0378(COD)
Proposal for a regulation
Article 5 – paragraph 4
Article 5 – paragraph 4
4. Entities shall ensure the quality, completeness, reliability, and accuracy of the information they submit to the collection bodies.
Amendment 45 #
2021/0378(COD)
Proposal for a regulation
Article 5 – paragraph 4 a (new)
Article 5 – paragraph 4 a (new)
Amendment 46 #
2021/0378(COD)
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
ESMA shall put in place an effective and proportionate IT security policy for ESAP and shall ensure appropriate levels of authenticity, availability, integrity and non- repudiation of the information made accessible on ESAP and of the protection of personal data. ESMA shall carry out periodic reviews of the IT security policy and the cybersecurity situation of ESAP in consideration of evolving European and international cybersecurity trends and latest developments.
Amendment 47 #
2021/0378(COD)
Proposal for a regulation
Article 7 – paragraph 1 – point a
Article 7 – paragraph 1 – point a
(a) a web portal with a user-friendly interface taking account of special access needs of individuals with disabilities, in all the official languages of the Union to provide access to the information in ESAP;
Amendment 49 #
2021/0378(COD)
Proposal for a regulation
Article 7 – paragraph 2
Article 7 – paragraph 2
2. ESMA shall ensure that ESAP provides for the functionalities referred to in paragraph 1, points (e) and (g) by 31 December 2025. ESMA shall introduce appropriate technical and organisational measures to avoid excessive disclosure of personal data via the download service and the API. Additional safeguards shall be provided by ESMA where the disclosure of personal data via the download service and the API concerns personal data of a particularly sensitive nature, such as information concerning administrative measures or other penalties regarding natural persons. Such safeguards shall be specified by the Commission by way of an implementing act.
Amendment 52 #
2021/0378(COD)
Proposal for a regulation
Article 8 – paragraph 4 – introductory part
Article 8 – paragraph 4 – introductory part
4. For the purposes of paragraph 2, second subparagraph, ESMA mayshall develop draft implementing technical standards to determine the nature and extent of the specific services for which fees may be charged and to determine the associated fee structure.
Amendment 53 #
2021/0378(COD)
Proposal for a regulation
Article 9 – paragraph 1 – subparagraph 1 (new)
Article 9 – paragraph 1 – subparagraph 1 (new)
The use and re-use of personal data accessible on ESAP shall occur in full compliance with Union legislation on data protection, and in particular respect the principles of lawfulness, fairness, transparency, purpose limitation, data minimisation, accuracy, storage limitation, integrity and confidentiality. Any processing of personal data accessible on ESAP for a purpose other than that for which the personal data have been collected may only take place in accordance with the requirements of Article 6, paragraph 4 of Regulation (EU)No 2016/679.
Amendment 58 #
2021/0378(COD)
Proposal for a regulation
Article 11 – paragraph 3
Article 11 – paragraph 3
3. ESMA shall not store information containing personal data except for automatic, intermediate and transient processing, including storage of that information insofar as strictly necessary for the purpose of giving access to information provided by the collection bodies. ESMA shall also take appropriate technical and organisational measures to ensure that the information is not retained or made available for longer period that the one provided for in point (f) of article 5(1) of the Proposal.
Amendment 228 #
2021/0250(COD)
Proposal for a directive
Recital 6
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.
Amendment 234 #
2021/0250(COD)
Proposal for a directive
Recital 7
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.
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.
Amendment 245 #
2021/0250(COD)
Proposal for a directive
Recital 16
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).
Amendment 247 #
2021/0250(COD)
Proposal for a directive
Recital 17
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.
Amendment 248 #
2021/0250(COD)
Proposal for a directive
Recital 18
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.
Amendment 261 #
2021/0250(COD)
Proposal for a directive
Recital 22
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.
Amendment 271 #
2021/0250(COD)
Proposal for a directive
Recital 28
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.
Amendment 273 #
2021/0250(COD)
Proposal for a directive
Recital 30
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.
Amendment 277 #
2021/0250(COD)
Proposal for a directive
Recital 32
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.
Amendment 280 #
2021/0250(COD)
Proposal for a directive
Recital 35
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.
Amendment 287 #
2021/0250(COD)
Proposal for a directive
Recital 37
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.
Amendment 288 #
2021/0250(COD)
Proposal for a directive
Recital 38
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).
Amendment 294 #
2021/0250(COD)
Proposal for a directive
Recital 44
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.
Amendment 298 #
2021/0250(COD)
Proposal for a directive
Recital 44 a (new)
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.
Amendment 301 #
2021/0250(COD)
Proposal for a directive
Recital 44 a (new)
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.
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.
Amendment 306 #
2021/0250(COD)
Proposal for a directive
Recital 47
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.
Amendment 310 #
2021/0250(COD)
Proposal for a directive
Recital 49
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.
Amendment 311 #
2021/0250(COD)
Proposal for a directive
Recital 50
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.
Amendment 341 #
2021/0250(COD)
Proposal for a directive
Article 1 – paragraph 1 – point a
Article 1 – paragraph 1 – point a
(a) measures applicable to sectors exposed to money laundering and terrorist financing at national and Union level;
Amendment 342 #
2021/0250(COD)
Proposal for a directive
Article 1 – paragraph 1 – point c
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;
Amendment 346 #
2021/0250(COD)
Proposal for a directive
Article 2 – paragraph 2 – point 8 a (new)
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.
Amendment 347 #
2021/0250(COD)
Proposal for a directive
Article 2 – paragraph 2 – point 8 a (new)
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].
Amendment 351 #
2021/0250(COD)
Proposal for a directive
Article 3 – paragraph 1
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.
Amendment 357 #
2021/0250(COD)
Proposal for a directive
Article 3 – paragraph 4 – point b
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.
Amendment 358 #
2021/0250(COD)
Proposal for a directive
Article 3 – paragraph 6
Article 3 – paragraph 6
Amendment 359 #
2021/0250(COD)
Proposal for a directive
Article 4 – title
Article 4 – title
Requirements relating to certain service providerobliged entities
Amendment 365 #
2021/0250(COD)
Proposal for a directive
Article 4 – paragraph 2 a (new)
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.
Amendment 367 #
2021/0250(COD)
Proposal for a directive
Article 4 a (new)
Article 4 a (new)
Amendment 369 #
2021/0250(COD)
Proposal for a directive
Article 5 – paragraph 1
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).
Amendment 374 #
2021/0250(COD)
Proposal for a directive
Article 6 – paragraph 1
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.
Amendment 376 #
2021/0250(COD)
Proposal for a directive
Article 6 – paragraph 3
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.
Amendment 377 #
2021/0250(COD)
Proposal for a directive
Article 6 – paragraph 4
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.
Amendment 379 #
2021/0250(COD)
Proposal for a directive
Article 6 – paragraph 4 a (new)
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.
Amendment 381 #
2021/0250(COD)
Proposal for a directive
Article 6 – paragraph 5
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.
Amendment 384 #
2021/0250(COD)
Proposal for a directive
Article 6 – paragraph 6 a (new)
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.
Amendment 385 #
2021/0250(COD)
Proposal for a directive
Article 6 – paragraph 6 b (new)
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.
Amendment 386 #
2021/0250(COD)
Proposal for a directive
Article 6 – paragraph 6 c (new)
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).
Amendment 387 #
2021/0250(COD)
Proposal for a directive
Article 7 – paragraph 1 – introductory part
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.
Amendment 390 #
2021/0250(COD)
Proposal for a directive
Article 7 – paragraph 1 – subparagraph 1
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.
Amendment 395 #
2021/0250(COD)
Proposal for a directive
Article 7 – paragraph 2 – point d
Article 7 – paragraph 2 – point d
(d) the risks of non-implementation and evasion of proliferation financing- related targeted financial sanctions.
Amendment 397 #
2021/0250(COD)
Proposal for a directive
Article 7 – paragraph 3
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.
Amendment 402 #
2021/0250(COD)
Proposal for a directive
Article 7 – paragraph 4
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.
Amendment 409 #
2021/0250(COD)
Proposal for a directive
Article 8 – paragraph 1 – introductory part
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.
Amendment 413 #
2021/0250(COD)
Proposal for a directive
Article 8 – paragraph 1 – subparagraph 1
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.
Amendment 415 #
2021/0250(COD)
Proposal for a directive
Article 8 – paragraph 2
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.
Amendment 424 #
2021/0250(COD)
Proposal for a directive
Article 8 – paragraph 4 – point b a (new)
Article 8 – paragraph 4 – point b a (new)
(ba) improve the quality of its beneficial ownership, real estate and other registers;
Amendment 425 #
2021/0250(COD)
Proposal for a directive
Article 8 – paragraph 4 – point b b (new)
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;
Amendment 428 #
2021/0250(COD)
Proposal for a directive
Article 8 – paragraph 4 – point d
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;
Amendment 430 #
2021/0250(COD)
Proposal for a directive
Article 8 – paragraph 4 – point f
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].
Amendment 436 #
2021/0250(COD)
Proposal for a directive
Article 8 – paragraph 4 – subparagraph 1
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.
Amendment 442 #
2021/0250(COD)
Proposal for a directive
Article 8 – paragraph 5 a (new)
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.
Amendment 445 #
2021/0250(COD)
Proposal for a directive
Article 9 – paragraph 2 – point b
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).
Amendment 448 #
2021/0250(COD)
Proposal for a directive
Article 9 – paragraph 2 – point c
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;
Amendment 454 #
2021/0250(COD)
Proposal for a directive
Article 9 – paragraph 2 – point h a (new)
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.
Amendment 458 #
2021/0250(COD)
Proposal for a directive
Article 9 – paragraph 3 – introductory part
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.
Amendment 460 #
2021/0250(COD)
Proposal for a directive
Article 9 – paragraph 5
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).
Amendment 463 #
2021/0250(COD)
Proposal for a directive
Article 9 – paragraph 6
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.
Amendment 466 #
2021/0250(COD)
Proposal for a directive
Article 10 – paragraph 1 – introductory part
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.
Amendment 468 #
2021/0250(COD)
Proposal for a directive
Article 10 – paragraph 1 – subparagraph 1
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].
Amendment 474 #
2021/0250(COD)
Proposal for a directive
Article 10 – paragraph 2
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.
Amendment 480 #
2021/0250(COD)
Proposal for a directive
Article 10 – paragraph 3 – point a
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;
Amendment 489 #
2021/0250(COD)
Proposal for a directive
Article 10 – paragraph 4
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).
Amendment 494 #
2021/0250(COD)
Proposal for a directive
Article 10 – paragraph 5 – introductory part
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:
Amendment 497 #
2021/0250(COD)
Proposal for a directive
Article 10 – paragraph 5 – point a a (new)
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;
Amendment 500 #
2021/0250(COD)
Proposal for a directive
Article 10 – paragraph 5 – point a b (new)
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;
Amendment 508 #
2021/0250(COD)
Proposal for a directive
Article 10 – paragraph 5 a (new)
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.
Amendment 518 #
2021/0250(COD)
Proposal for a directive
Article 10 – paragraph 7
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.
Amendment 519 #
2021/0250(COD)
Proposal for a directive
Article 10 – paragraph 8
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.
Amendment 527 #
2021/0250(COD)
Proposal for a directive
Article 10 – paragraph 8 a (new)
Article 10 – paragraph 8 a (new)
Amendment 529 #
2021/0250(COD)
Proposal for a directive
Article 10 – paragraph 8 b (new)
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.
Amendment 534 #
2021/0250(COD)
Proposal for a directive
Article 10 – paragraph 9
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].
Amendment 536 #
2021/0250(COD)
Proposal for a directive
Article 10 – paragraph 10
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.
Amendment 538 #
2021/0250(COD)
Proposal for a directive
Article 10 – paragraph 10 a (new)
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.
Amendment 540 #
2021/0250(COD)
Proposal for a directive
Article 10 – paragraph 10 b (new)
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.
Amendment 545 #
2021/0250(COD)
Proposal for a directive
Article 10 – paragraph 12 a (new)
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.
Amendment 547 #
2021/0250(COD)
Proposal for a directive
Article 11 – paragraph 1
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.
Amendment 553 #
2021/0250(COD)
Proposal for a directive
Article 11 – paragraph 2
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.
Amendment 558 #
2021/0250(COD)
Proposal for a directive
Article 11 – paragraph 3
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.
Amendment 561 #
2021/0250(COD)
Proposal for a directive
Article 11 – paragraph 4
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.
Amendment 564 #
2021/0250(COD)
Proposal for a directive
Article 12 – paragraph 1 – point a
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;
Amendment 570 #
2021/0250(COD)
Proposal for a directive
Article 12 – paragraph 1 – point b
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.
Amendment 571 #
2021/0250(COD)
Proposal for a directive
Article 12 – paragraph 1 – subparagraph 1
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.
Amendment 576 #
2021/0250(COD)
Proposal for a directive
Article 12 – paragraph 2
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.
Amendment 581 #
2021/0250(COD)
Proposal for a directive
Article 13 – paragraph 1
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.
Amendment 588 #
2021/0250(COD)
Proposal for a directive
Article 14 – paragraph 1 – introductory part
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).
Amendment 600 #
2021/0250(COD)
Proposal for a directive
Article 14 – paragraph 6 – introductory part
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.
Amendment 602 #
2021/0250(COD)
Proposal for a directive
Article 14 – paragraph 6 – subparagraph 1
Article 14 – paragraph 6 – subparagraph 1
Amendment 604 #
2021/0250(COD)
Proposal for a directive
Article 14 – paragraph 7 – introductory part
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.
Amendment 608 #
2021/0250(COD)
Proposal for a directive
Article 15 – paragraph 1 – introductory part
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:
Amendment 611 #
2021/0250(COD)
Proposal for a directive
Article 15 – paragraph 1 – point b
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;
Amendment 613 #
2021/0250(COD)
Proposal for a directive
Article 15 – paragraph 1 – point c
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;
Amendment 614 #
2021/0250(COD)
Proposal for a directive
Article 15 – paragraph 1 – point e
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;
Amendment 620 #
2021/0250(COD)
Proposal for a directive
Article 15 – paragraph 1 – point f
Article 15 – paragraph 1 – point f
Amendment 621 #
2021/0250(COD)
Proposal for a directive
Chapter II – Section 3 – title
Chapter II – Section 3 – title
3 Real estateImmovable, financial and movable goods registers
Amendment 625 #
Amendment 628 #
2021/0250(COD)
Proposal for a directive
Article 16 – paragraph 1 – introductory part
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].
Amendment 632 #
2021/0250(COD)
Proposal for a directive
Article 16 – paragraph 1 – subparagraph 1
Article 16 – paragraph 1 – subparagraph 1
Amendment 635 #
2021/0250(COD)
Proposal for a directive
Article 16 – paragraph 1 a (new)
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.
Amendment 636 #
2021/0250(COD)
Proposal for a directive
Article 16 – paragraph 2
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.
Amendment 638 #
2021/0250(COD)
Proposal for a directive
Article 16 – paragraph 2 a (new)
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).
Amendment 640 #
2021/0250(COD)
Proposal for a directive
Article 16 – paragraph 2 b (new)
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.
Amendment 645 #
2021/0250(COD)
Proposal for a directive
Article 16 b (new)
Article 16 b (new)
Amendment 648 #
2021/0250(COD)
Proposal for a directive
Chapter II – Section 3 a (new)
Chapter II – Section 3 a (new)
Amendment 653 #
2021/0250(COD)
Proposal for a directive
Article 17 – paragraph 3 – introductory part
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.
Amendment 654 #
2021/0250(COD)
Proposal for a directive
Article 17 – paragraph 3 – subparagraph 1 – point a
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;
Amendment 661 #
2021/0250(COD)
Proposal for a directive
Article 17 – paragraph 5
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.
Amendment 665 #
2021/0250(COD)
Proposal for a directive
Article 17 – paragraph 6
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.
Amendment 672 #
2021/0250(COD)
Proposal for a directive
Article 17 – paragraph 7 a (new)
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.
Amendment 675 #
2021/0250(COD)
Proposal for a directive
Article 18 – paragraph 1 – introductory part
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:
Amendment 680 #
2021/0250(COD)
Proposal for a directive
Article 18 – paragraph 1 – point a – introductory part
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:
Amendment 685 #
2021/0250(COD)
Proposal for a directive
Article 18 – paragraph 1 – point a – point ii
Article 18 – paragraph 1 – point a – point ii
Amendment 689 #
2021/0250(COD)
Proposal for a directive
Article 18 – paragraph 1 – point a – point iii
Article 18 – paragraph 1 – point a – point iii
(iii) information from obliged entities, including wire transfers;
Amendment 695 #
2021/0250(COD)
Proposal for a directive
Article 18 – paragraph 1 – point b – point ii
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;
Amendment 696 #
2021/0250(COD)
Proposal for a directive
Article 18 – paragraph 1 – point b – point ii a (new)
Article 18 – paragraph 1 – point b – point ii a (new)
(iia) high-risk movable property and financial products as referred to in Article16a;
Amendment 702 #
2021/0250(COD)
Proposal for a directive
Article 18 – paragraph 1 – point c – introductory part
Article 18 – paragraph 1 – point c – introductory part
(c) direct or indirect access to the following law enforcement information:
Amendment 710 #
2021/0250(COD)
Proposal for a directive
Article 18 – paragraph 1 – subparagraph 1
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.
Amendment 715 #
2021/0250(COD)
Proposal for a directive
Article 18 – paragraph 3
Article 18 – paragraph 3
Amendment 719 #
2021/0250(COD)
Proposal for a directive
Article 19 – title
Article 19 – title
Amendment 723 #
2021/0250(COD)
Proposal for a directive
Article 19 – paragraph 1 – introductory part
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.
Amendment 725 #
2021/0250(COD)
Proposal for a directive
Article 19 – paragraph 1 – subparagraph 1
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.
Amendment 728 #
2021/0250(COD)
Proposal for a directive
Article 19 – paragraph 2
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.
Amendment 729 #
2021/0250(COD)
Proposal for a directive
Article 19 – paragraph 2 a (new)
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.
Amendment 730 #
2021/0250(COD)
Proposal for a directive
Article 20 – title
Article 20 – title
Suspension or withholding of consent tof or prohibition to carry out a transaction and suspension of an account
Amendment 731 #
2021/0250(COD)
Proposal for a directive
Article 20 – paragraph 1 – introductory part
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.
Amendment 737 #
2021/0250(COD)
Proposal for a directive
Article 20 – paragraph 1 – subparagraph 1
Article 20 – paragraph 1 – subparagraph 1
Amendment 740 #
2021/0250(COD)
Proposal for a directive
Article 20 – paragraph 1 a (new)
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.
Amendment 741 #
2021/0250(COD)
Proposal for a directive
Article 20 – paragraph 1 b (new)
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].
Amendment 750 #
2021/0250(COD)
Proposal for a directive
Article 20 – paragraph 4
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.
Amendment 757 #
2021/0250(COD)
Proposal for a directive
Article 21 – paragraph 1 – point e a (new)
Article 21 – paragraph 1 – point e a (new)
(ea) human resources allocated;
Amendment 758 #
2021/0250(COD)
Proposal for a directive
Article 21 – paragraph 1 – point e b (new)
Article 21 – paragraph 1 – point e b (new)
Amendment 764 #
2021/0250(COD)
Proposal for a directive
Article 21 – paragraph 2 – introductory part
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.
Amendment 766 #
2021/0250(COD)
Proposal for a directive
Article 21 – paragraph 2 – subparagraph 1
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.
Amendment 770 #
2021/0250(COD)
Proposal for a directive
Article 21 – paragraph 2 – subparagraph 2
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.
Amendment 781 #
2021/0250(COD)
Proposal for a directive
Article 23 – paragraph 3
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]. .
Amendment 784 #
2021/0250(COD)
Proposal for a directive
Article 23 – paragraph 3 a (new)
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
Amendment 790 #
2021/0250(COD)
Proposal for a directive
Article 24 – paragraph 4
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.
Amendment 791 #
2021/0250(COD)
Proposal for a directive
Article 24 – paragraph 4 a (new)
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].
Amendment 793 #
2021/0250(COD)
Proposal for a directive
Article 24 – paragraph 6
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.
Amendment 799 #
2021/0250(COD)
Proposal for a directive
Article 24 – paragraph 8 – subparagraph 1
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.
Amendment 801 #
2021/0250(COD)
Proposal for a directive
Article 25 – paragraph 3 – point b a (new)
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.
Amendment 803 #
2021/0250(COD)
Proposal for a directive
Article 25 – paragraph 3 – subparagraph 1
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.
Amendment 805 #
2021/0250(COD)
Proposal for a directive
Article 25 – paragraph 3 a (new)
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.
Amendment 806 #
2021/0250(COD)
Proposal for a directive
Article 26 – paragraph 1
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.
Amendment 807 #
2021/0250(COD)
Proposal for a directive
Article 27 – paragraph 1
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.
Amendment 809 #
2021/0250(COD)
Proposal for a directive
Article 27 – paragraph 2 a (new)
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.
Amendment 810 #
2021/0250(COD)
Proposal for a directive
Article 27 – paragraph 2 b (new)
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.
Amendment 811 #
2021/0250(COD)
Proposal for a directive
Article 27 a (new)
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.
Amendment 812 #
2021/0250(COD)
Proposal for a directive
Article 27 b (new)
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.
Amendment 814 #
2021/0250(COD)
Proposal for a directive
Article 29 – paragraph 1
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.
Amendment 819 #
2021/0250(COD)
Proposal for a directive
Article 29 – paragraph 3
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.
Amendment 828 #
2021/0250(COD)
Proposal for a directive
Article 31 – paragraph 6 a (new)
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.
Amendment 833 #
2021/0250(COD)
Proposal for a directive
Article 33 – paragraph 2
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.
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.
Amendment 836 #
2021/0250(COD)
Proposal for a directive
Article 33 – paragraph 4 – subparagraph 1
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.
Amendment 841 #
2021/0250(COD)
Proposal for a directive
Article 33 – paragraph 5
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.
Amendment 845 #
2021/0250(COD)
Proposal for a directive
Article 34 – paragraph 6
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.
Amendment 848 #
2021/0250(COD)
Proposal for a directive
Article 35 – paragraph 1
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.
Amendment 852 #
2021/0250(COD)
Proposal for a directive
Article 36 – paragraph 6 – introductory part
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.
Amendment 857 #
2021/0250(COD)
Proposal for a directive
Article 37 – paragraph 1 – introductory part
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.
Amendment 862 #
2021/0250(COD)
Proposal for a directive
Article 37 – paragraph 2
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.
Amendment 864 #
2021/0250(COD)
Proposal for a directive
Article 37 – paragraph 3
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.
Amendment 871 #
2021/0250(COD)
Proposal for a directive
Article 37 – paragraph 3 a (new)
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.
Amendment 874 #
2021/0250(COD)
Proposal for a directive
Article 38 – paragraph 1 a (new)
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.
Amendment 879 #
2021/0250(COD)
Proposal for a directive
Article 38 – paragraph 3 – point b
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.
Amendment 887 #
2021/0250(COD)
Proposal for a directive
Article 39 – paragraph 2
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.
Amendment 893 #
2021/0250(COD)
Proposal for a directive
Article 39 – paragraph 6
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.
Amendment 896 #
2021/0250(COD)
Proposal for a directive
Article 40 – paragraph 1 – point d
Article 40 – paragraph 1 – point d
(d) Section 1 of Chapter II (internal controls).
Amendment 901 #
2021/0250(COD)
Proposal for a directive
Article 40 – paragraph 2
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.
Amendment 902 #
2021/0250(COD)
Proposal for a directive
Article 40 – paragraph 3 – introductory part
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:
Amendment 911 #
2021/0250(COD)
Proposal for a directive
Article 41 – paragraph 1 – introductory part
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:
Amendment 916 #
2021/0250(COD)
Proposal for a directive
Article 41 – paragraph 1 – point e
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;
Amendment 920 #
2021/0250(COD)
Proposal for a directive
Article 41 – paragraph 1 – point f
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.
Amendment 933 #
2021/0250(COD)
Proposal for a directive
Article 43 – paragraph 1 – introductory part
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].
Amendment 944 #
2021/0250(COD)
Proposal for a directive
Article 44 – paragraph 1
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.
Amendment 945 #
2021/0250(COD)
Proposal for a directive
Article 44 – paragraph 2
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.
Amendment 947 #
2021/0250(COD)
Proposal for a directive
Article 45 – paragraph 1
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.
Amendment 949 #
2021/0250(COD)
Proposal for a directive
Article 45 – paragraph 1 a (new)
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.
Amendment 950 #
2021/0250(COD)
Proposal for a directive
Article 45 – paragraph 3 – introductory part
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:
Amendment 953 #
2021/0250(COD)
Proposal for a directive
Article 45 – paragraph 3 – point c
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;
Amendment 956 #
2021/0250(COD)
Proposal for a directive
Article 45 – paragraph 3 – point d
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.
Amendment 958 #
2021/0250(COD)
Proposal for a directive
Article 46 – title
Article 46 – title
Communication of the list of the competent authorities and registers
Amendment 960 #
2021/0250(COD)
Proposal for a directive
Article 46 – paragraph 1 – point b a (new)
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;
Amendment 961 #
2021/0250(COD)
Proposal for a directive
Article 46 – paragraph 1 – point b b (new)
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;
Amendment 965 #
2021/0250(COD)
Proposal for a directive
Article 47 – paragraph 1
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].
Amendment 969 #
2021/0250(COD)
Proposal for a directive
Article 48 – paragraph 1
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).
Amendment 975 #
2021/0250(COD)
Proposal for a directive
Article 49 – paragraph 2
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.
Amendment 976 #
2021/0250(COD)
Proposal for a directive
Article 50 – paragraph 1 – introductory part
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.
Amendment 977 #
2021/0250(COD)
Proposal for a directive
Article 50 – paragraph 2 – point b
Article 50 – paragraph 2 – point b
(b) financial supervisors, competent authorities and FIUs;
Amendment 982 #
2021/0250(COD)
Proposal for a directive
Article 50 – paragraph 2 – point c
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.
Amendment 983 #
2021/0250(COD)
Proposal for a directive
Article 50 – paragraph 2 – point c a (new)
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.
Amendment 986 #
2021/0250(COD)
Proposal for a directive
Article 50 – paragraph 2 – subparagraph 1
Article 50 – paragraph 2 – subparagraph 1
Amendment 989 #
2021/0250(COD)
Proposal for a directive
Article 50 – paragraph 3 – point a
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;
Amendment 992 #
2021/0250(COD)
Proposal for a directive
Article 51 – paragraph 1 – point b
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;
Amendment 8 #
2021/0244(COD)
Proposal for a directive
Recital 5
Recital 5
(5) Considering the cross-border nature of organised crime and money laundering as well as the importance of relevant financial information for the purposes of combating serious criminal activities, including by swiftly tracing, freezing and confiscating illegally obtained assets where possible and appropriate, authorities competent for the prevention, detection, investigation or prosecution of criminal offences designated in accordance with Directive (EU) 2019/1153 should be able to directly access and search the centralised bank account registries of other Member States through the BAR single access point put in place pursuant to Directive (EU) YYYY/XX.
Amendment 10 #
2021/0244(COD)
Proposal for a directive
Recital 6 a (new)
Recital 6 a (new)
(6 a) Direct cross-border access of law enforcement authorities to centralised bank account registries through the single access point should be compatible with Union law, and in particular with the rule of law in accordance with Article 2 of the Treaty on European Union (TEU) and with fundamental rights in accordance with Article 6 TEU, including the right to privacy and data protection, the right to an effective remedy and to a fair trial, the presumption of innocence and the right of defence and the principles of the legality and proportionality of criminal offences and penalties, as well as the fundamental rights and principles provided for in international law and international agreements to which the Union or all the Member States are party, including the European Convention for the Protection of Human Rights and Fundamental Freedoms, and in Member States’ constitutions, in their respective fields of application.
Amendment 12 #
2021/0244(COD)
Proposal for a directive
Article 1 – paragraph 1
Article 1 – paragraph 1
Directive (EU) 2019/1153
Article 4, paragraph 1a (new)
Article 4, paragraph 1a (new)
1a. Member States shall ensure that the competent national authorities designated pursuant to Article 3(1) have the power to access and search, directly and immediately, bank account information in other Member States available through the bank account registers (BAR) single access point put in place pursuant to Article XX of Directive (EU) YYYY/XX [the new Anti-Money Laundering Directive] when necessary for the performance of their tasks for the purposes of preventing, detecting, investigating or prosecuting a serious criminal offence or supporting a criminal investigation concerning a serious criminal offence, including the identification, tracing and freezing of the assets related to such investigation.. The gathering of bank account information under the first subparagraph shall be proportionate for the purpose of the proceedings, taking into account the rights of the suspected or accused person, and respecting the fact that the search would have been possible under the same conditions in a similar domestic case. Search and access to the bank account information in other Member States through the BAR single access point shall be linked to a specific investigation. Information obtained through access and search of the BAR single access point shall be used only for the purpose for which it was sought. Member States shall ensure that, when conducting cross- border access and searching for information through the single point of access to bank account registers, the competent authorities designated by them respect the procedural rights of individuals and comply with Union rules on personal data protection.
Amendment 152 #
2021/0239(COD)
Proposal for a regulation
Recital 15
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.
Amendment 162 #
2021/0239(COD)
Proposal for a regulation
Recital 23 a (new)
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.
Amendment 166 #
2021/0239(COD)
Proposal for a regulation
Recital 24 a (new)
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.
Amendment 344 #
2021/0239(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 3 – point e a (new)
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;
Amendment 484 #
2021/0239(COD)
Proposal for a regulation
Article 16 – paragraph 1 – point c a (new)
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;
Amendment 490 #
2021/0239(COD)
Proposal for a regulation
Article 16 – paragraph 2 a (new)
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.
Amendment 494 #
2021/0239(COD)
Proposal for a regulation
Article 16 – paragraph 3 a (new)
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.
Amendment 566 #
2021/0239(COD)
Proposal for a regulation
Article 21 a (new)
Article 21 a (new)
Amendment 650 #
2021/0239(COD)
Proposal for a regulation
Article 27 – paragraph 5 – point d a (new)
Article 27 – paragraph 5 – point d a (new)
(da) the customer, the beneficial owner or any associated person is subjected to targeted financial sanctions.
Amendment 704 #
2021/0239(COD)
Proposal for a regulation
Article 36 a (new)
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.
Amendment 707 #
2021/0239(COD)
Proposal for a regulation
Article 37 a (new)
Article 37 a (new)
Amendment 69 #
2021/0214(COD)
Proposal for a regulation
Recital 2
Recital 2
(2) The Paris Agreement33 , adopted in December 2015 under the United Nations Framework Convention on Climate Change (‘UNFCCC’) entered into force in November 2016. The Parties to the Paris Agreement, inBy adopting the Glasgow Climate Pact its AParticle 2, have agreed to holdes recognised that limiting the increase in the global average temperature well below 21,5 °C above pre- industrial levels and to pursue efforts to limit the temperature increase to 1.5°C above pre-industrial levelswould significantly reduce the risks and impacts of climate change, and committed to strengthen their 2030 targets by the end of 2022 to close the ambition gap. __________________ 33 OJ L 282, 19.10.2016, p.4.
Amendment 83 #
2021/0214(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) As long as a significant number of the Union’s international partners have policy approaches that do not result in the same level of climate ambition, there isand as the Union increases its climate ambition, there could be a risk of carbon leakage. Carbon leakage occurs if, for reasons of costs related to climate policies, businesses in certain industry sectors or subsectors were to transfer production to other countries or imports from those countries would replace equivalent but less GHG emissions intensive products. That could lead to an increase in their total emissions globally, thus jeopardising the reduction of GHG emissions that is urgently needed if the world is to keep the global average temperature to well below 2 °C above pre- industrial levels.
Amendment 104 #
2021/0214(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) Existing mechanisms to address the risk of carbon leakage in sectors or sub- sectors at risk of carbon leakage are the transitional free allocation of EU ETS allowances and financial measures to compensate for indirect emission costs incurred from GHG emission costs passed on in electricity prices respectively laid down in Articles 10a(6) and 10b of Directive 2003/87/EC. However, free allocation under the EU ETSand compensation schemes for indirect emission costs under the EU ETS undermine the polluter-pays principle and weakens the price signal that the system provides for the installations receiving it compared to full auctioning and thus heavily reduces the affects the incentives for investment into further abatement of emissions. Moreover, the free allowances under the EU ETS as well as compensation of indirect emission costs weaken the CBAM’s compatibility with WTO rules. The CBAM should therefore be introduced in parallel with the phasing out of the free allowances and state aid compensation schemes for indirect emission costs for the affected sectors.
Amendment 126 #
2021/0214(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) The CBAM seeks to replace these existing carbon leakage mechanisms, by addressending the risk of carbon leakage in a different way, namely by ensuring equivalent carbon pricing for imports and domestic products. To ensure a gradual transition from the current system of free allowances to the CBAM, the CBAM should be progressively phased in while free allowances in sectors covered by the CBAM are phased out. The combined and transitional application of EU ETS allowances allocated free of charge and of the CBAM should in no case result in more favourable treatment for Union goods compared to goods imported into the customs territory of the Unionexemptions to the application of the ‘polluter pays’ principle granted until now to European industry and by simultaneously creating fairness between the Union’s producers and those of third countries, by ensuring equivalent carbon pricing for imports and domestic products. The allocation of free allowances and the compensation of indirect emission costs should come to an end from the full application of the CBAM from 1 January 2025.
Amendment 140 #
2021/0214(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) While the objective of the CBAM is to prevent possible the risk of carbon leakage and ensuring the polluter-pays principle is applied to covered sectors, this Regulation would also encourage the use of more GHG emissions-efficient technologies by producers from third countries, so that less emissions per unit of output are generated.
Amendment 141 #
2021/0214(COD)
Proposal for a regulation
Recital 12 a (new)
Recital 12 a (new)
(12 a) While the objective of the CBAM, combined with a revised ETS, is primarily to reduce greenhouse gas emissions inside and outside the Union in the pursuit of the Paris Agreement targets, this measure could also bring other economic and climate benefits. By contributing to ensuring effective and meaningful carbon pricing, as part of a broader regulatory environment, this Regulation can act as an economic incentive to spur investments in the decarbonisation of the economies of the Union and the world. This Regulation can also act as an incentive for a greater regulatory ambition and promote multilateral dialogue with a view to setting a minimum carbon price globally.
Amendment 167 #
2021/0214(COD)
Proposal for a regulation
Recital 17
Recital 17
(17) The GHG emissions to be regulated by the CBAM should correspond to those GHG emissions covered by Annex I to the EU ETS in Directive 2003/87/EC, namely carbon dioxide (‘CO2’) as well as, where relevant, nitrous oxide (‘N2O’) and perfluorocarbons (‘PFCs’). The CBAM should initially apply to direct emissions of those GHG from the production of goods up to the time of import into the customs territory of the Union, and after the end of a transition period and upon further assessment, as well to indirect emissions, mirroring the scope of the EU ETS.
Amendment 170 #
2021/0214(COD)
Proposal for a regulation
Recital 18
Recital 18
(18) The EU ETS and the CBAM have a common objective of pricing GHG emissions embedded in the same sectors and goods through the use of specific allowances or certificates. Both systems have a regulatory nature and are justified by the need to curb GHG emissions, in line with polluter-pays principle, the environmental objective set out in Union and Paris agreement.
Amendment 192 #
2021/0214(COD)
Proposal for a regulation
Recital 28
Recital 28
(28) Whilst the ultimate objective of the CBAM is a broad product coverto cover those products that contribute significantly to climate change and face a genuine risk of carbon leakage, it would be prudent to start with a selected number of sectors with relatively homogeneous products where there is a potential risk of carbon leakage. Union sectors deemed at risk of carbon leakage are listed in Commission Delegated Decision 2019/70842 Before the end of the transition period, the Commission should propose to extend the scope of this Regulation to other products than those listed in Annex I, including but not limited to oil, paper, glass, and upstream and downstream products, as well as the components of finished products that use products covered by this Regulation. The Commission should take account of the potential social impacts of extending the scope and propose measures to minimise these effects, where necessary. __________________ 42Commission Delegated Decision (EU) 2019/708 of 15 February 2019 supplementing Directive 2003/87/EC of the European Parliament and of the Council concerning the determination of sectors and subsectors deemed at risk of carbon leakage for the period 2021 to 2030 (OJ L 120, 8.5.2019, p. 2).
Amendment 203 #
2021/0214(COD)
Proposal for a regulation
Recital 30
Recital 30
(30) The use of the first criterion allows listing the following industrial sector in terms of cumulated emissions: iron and steel, refineries, cement, organic basic chemicals, hydrogen, polymers and fertilisers.
Amendment 206 #
2021/0214(COD)
Proposal for a regulation
Recital 32
Recital 32
Amendment 216 #
2021/0214(COD)
Proposal for a regulation
Recital 34
Recital 34
(34) However, aluminium products should be included in the CBAM as they are highly exposed to carbon leakage. Moreover, in several industrial applications they are in direct competition with steel products because of characteristics closely resembling those of steel products. Inclusion of aluminium is also relevant as the scope of the CBAM maywill be extended to cover also indirect emissions in the future.
Amendment 234 #
2021/0214(COD)
Proposal for a regulation
Recital 45
Recital 45
(45) The physical characteristics of electricity as a product, in particular the impossibility to follow the actual flow of electrons, justifies a slightly different design for the CBAM. DBut default values should not be used as a standard approach and it should be possible for authorised declarants to claim the calculation of their CBAM obligations based on actual emissions. Electricity trade is different from trade in other goods, notably because it is traded via interconnected electricity grids, using power exchanges and specific forms of trading. Market coupling is a densely regulated form of electricity trade which allows to aggregate bids and offers across the Union.
Amendment 235 #
2021/0214(COD)
Proposal for a regulation
Recital 55 a (new)
Recital 55 a (new)
(55a) To support climate action and the objectives of the Green Deal through an EU contribution in favour of LDCs this Regulation establishes the European Fund for International Climate Action. The Fund should aim at helping LDCs to reduce greenhouse gas emissions, adapt to the impacts of climate change and fund research and development for climate change mitigation and adaptation.
Amendment 239 #
2021/0214(COD)
Proposal for a regulation
Recital 55 b (new)
Recital 55 b (new)
(55b) All revenues from the sale of carbon border adjustment mechanism certificates should be transferred to the EU budget as own resources in view of the new budgetary expenditure for the repayment of the financing costs of the European Fund for International Climate Action. The fund should be endowed with annual appropriations authorised by the European Parliament and by the Council within the limits of the multiannual financial framework that would be equivalent to an estimation of the amounts raised by the CBAM own resources.
Amendment 242 #
2021/0214(COD)
Proposal for a regulation
Recital 48
Recital 48
(48) Integration of third countries into the Union electricity market is an important drive for those countries to accelerate their transition to energy systems with high shares of renewable energies. Market coupling for electricity, as set out in Commission Regulation (EU) 2015/122246 , enables third countries to better integrate electricity from renewable energies into the electricity market, to exchange such electricity in an efficient manner within a wider area, balancing supply and demand with the larger Union market, and reduce the carbon intensity of their electricity generation. Integration of third countries into the Union electricity market also contributes to the security of electricity supplies in those countries and in the neighbouring Member States. Electricity produced in third countries’ nuclear plants that do not meet the EU recognised nuclear safety levels and the standards of responsible and safe management of spent fuel and radioactive waste should be prevented from reaching the EU electricity market. __________________ 46Commission Regulation (EU) 2015/1222 of 24 July 2015 establishing a guideline on capacity allocation and congestion management (OJ L 197, 25.7.2015, p. 24).
Amendment 244 #
2021/0214(COD)
Proposal for a regulation
Recital 49
Recital 49
(49) Once third countries will be closely integrated into the Union electricity market via market coupling, technical solutions should be found to ensure the application of the CBAM to electricity exported from such countries into the customs territory of the Union. If technical solutions cannot be found, third countries that are market coupled should benefit from a time limited exemption from the CBAM until at the latest 2030 with regard solely to the export of electricity, provided that certain conditions are satisfied, including the commitment to phase out coal-based electricity production by 2030 for OECD members at the latest, the adoption of effective administrative mechanisms to enforce implementation of the Union electricity market legislation, and the fulfilment of EU recognised nuclear safety levels, among others. However, those third countries should develop a roadmap and commit to implement a carbon pricing mechanism providing for an equivalent price as the EU ETS, and should commit to achieving carbon neutrality by 2050 [as well as?] to align with Union legislation in the areas of environment, climate, competition and energy. That exemption should be withdrawn at any time if there are reasons to believe that the country in question does not fulfil its commitments or it has not adopted by 2030 an ETS equivalent to the EU ETS.
Amendment 252 #
2021/0214(COD)
Proposal for a regulation
Recital 50
Recital 50
(50) A transitional period should apply during the period 2023 until 20254. A CBAM without financial adjustment should apply, with the objective to facilitate a smooth roll out of the mechanism hence reducing the risk of disruptive impacts on trade. Declarants should have to report on a quarterly basis the actual embedded emissions in goods imported during the transitional period, detailing direct and indirect emissions as well as any carbon price paid abroad.
Amendment 261 #
2021/0214(COD)
Proposal for a regulation
Recital 51
Recital 51
(51) To facilitate and ensure a proper functioning of the CBAM, the Commission should provide support to the competent authorities responsible for the application of this Regulation in carrying out their obligations. Before the end of the transition period, the Commission should evaluate the governance system with a view to setting up a new European CBAM Authority that would coordinate the work of the competent authorities, help to centralise and exchange data and serve as a single point of contact for operators, authorised declarants and any other interested parties, with all the relevant information concerning the implementation of this Regulation.
Amendment 298 #
2021/0214(COD)
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
1. This Regulation establishes a carbon border adjustment mechanism (the ‘CBAM’) for addressing greenhouse gas emissions embedded in the goods referred to in Annex I, upon their importation into the customs territory of the Union, in order to prevent the risk of carbon leakage. and incentivise the reduction of GHG emissions in sectors covered by this regulation within the Union and in third countries. CBAM shall contribute to delivering on the European Green Deal and European Climate Law.
Amendment 316 #
2021/0214(COD)
Proposal for a regulation
Article 1 – paragraph 3
Article 1 – paragraph 3
3. The mechanism will progressively becomeis an alternative to the mechanisms established under Directive 2003/87/EC to prevent the risk of carbon leakage, notably the allocation of allowances free of charge and compensation of indirect emission costs in accordance with Article 10a and Article 10a (6) of that Directive.
Amendment 320 #
2021/0214(COD)
Proposal for a regulation
Article 1 – paragraph 3 a (new)
Article 1 – paragraph 3 a (new)
3a. The compatibility of CBAM with WTO rules shall be ensured by abolishing free allowances for EU ETS sector, including for the exported products. .
Amendment 332 #
2021/0214(COD)
Proposal for a regulation
Article 2 – paragraph 7 – point a
Article 2 – paragraph 7 – point a
(a) the third country or territory has concluded an agreement with the Union, setting out an obligation to apply the Union law in the field of electricity, including the legislation on the energy efficiency policies and development of renewable energy sources, as well as other rules in the field of energy, environment, notably on large combustion plants and/or industrial emission as well as water management and competition;
Amendment 333 #
2021/0214(COD)
Proposal for a regulation
Article 2 – paragraph 7 – point b
Article 2 – paragraph 7 – point b
(b) the national law in that third country or territory implements the main provisions of the Union electricity market legislation, including on energy efficiency policies, the development of renewable energy sources and the coupling of electricity markets;
Amendment 334 #
2021/0214(COD)
Proposal for a regulation
Article 2 – paragraph 7 – point b a (new)
Article 2 – paragraph 7 – point b a (new)
(b a) the third country or territory has in place and applies rules on effective legal and administrative enforcement of the implementation of the Union electricity market legislation;
Amendment 335 #
2021/0214(COD)
Proposal for a regulation
Article 2 – paragraph 7 – point c
Article 2 – paragraph 7 – point c
(c) the third country or territory has submitted a roadmap to the Commission, containing a timetable with the specific milestones for the adoption of measures to implement the conditions set out in points (d), d (a), d(b) and (e);
Amendment 338 #
2021/0214(COD)
Proposal for a regulation
Article 2 – paragraph 7 – point d a (new)
Article 2 – paragraph 7 – point d a (new)
(d a) the third country or territory has committed to phase out coal-based electricity production which would be by 2030 for OECD members at the latest;
Amendment 339 #
2021/0214(COD)
Proposal for a regulation
Article 2 – paragraph 7 – point d b (new)
Article 2 – paragraph 7 – point d b (new)
(d b) the third country or territory fulfils EU recognised nuclear safety levels and apply the requirements of Council directive 2009/71/EURATOM establishing a Community framework for the nuclear safety of nuclear installations (including Council directive2014/87/EURATOM amending Directive 2009/71/Euratom); and Council directive 2011/70/EURATOM establishing a Community framework for the responsible and safe management of spent fuel and radioactive waste;
Amendment 340 #
2021/0214(COD)
Proposal for a regulation
Article 2 – paragraph 7 – point f
Article 2 – paragraph 7 – point f
(f) the third country or territory has put in place and applies robust and effective systems to prevent indirect import of electricity in the Union from other third countries not meeting the requirements set out in points (a) to (e).
Amendment 342 #
2021/0214(COD)
Proposal for a regulation
Article 2 – paragraph 9 – point b
Article 2 – paragraph 9 – point b
(b) if the third country or territory has taken steps contrary to its decarbonisation objectives, such as providing public support for the establishment of new generation capacity that emits more than 550 g of CO2 of fossil fuel origin per kWh of electricity.direct and indirect public support for generation capacity of fossil fuel origin;
Amendment 364 #
2021/0214(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 3
Article 3 – paragraph 1 – point 3
(3) ‘emissions’ mean the release of greenhouse gases into the atmosphere from the production of goods and from the energy consumed for the production of these goods;
Amendment 371 #
2021/0214(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 16
Article 3 – paragraph 1 – point 16
(16) ‘embedded emissions’ mean direct and indirect emissions released during the production of goods, calculated pursuant to the methods set out in Annex III; and during the production of the energy consumed by the producer of goods pursuant to the methods to be defined by the Commission in accordance with Article 7(7a);
Amendment 374 #
2021/0214(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 22
Article 3 – paragraph 1 – point 22
(22) ‘actual emissions’ mean the emissions calculated based on primary data from the production processes of goods and from the production of energy consumed during the production processes of goods;
Amendment 394 #
2021/0214(COD)
Proposal for a regulation
Article 6 – paragraph 2 – point c
Article 6 – paragraph 2 – point c
(c) the total number of CBAM certificates corresponding to the total embedded emissions, to be surrendered, after the reduction due on the account of the carbon price paid in a country of origin in accordance with Article 9 and the adjustment necessary of the extent to which EU ETS allowances are allocated free of charge in accordance with Article 31.
Amendment 395 #
2021/0214(COD)
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
1. EmbeddedDirect emissions in goods shall be calculated pursuant to the methods set out in Annex III.
Amendment 396 #
2021/0214(COD)
Proposal for a regulation
Article 7 – paragraph 2
Article 7 – paragraph 2
2. EmbeddedDirect emissions in goods other than electricity shall be determined based on the actual emissions in accordance with the methods set out in Annex III, points 2 and 3. When actual emissions cannot be adequately determined, the embedded emissions shall be determined by reference to default values in accordance with the methods set out in Annex III, point 4.1.
Amendment 397 #
2021/0214(COD)
Proposal for a regulation
Article 7 – paragraph 3
Article 7 – paragraph 3
3. Embedded emissions in imported electricity shall be determined by reference to default values in accordance with the method set out in Annex III, point 4.2, unless the authorised declarant chooses to determine or by the embedded emissions based on the actual emissions in accordance with that annex, point 5. The determination of embedded emissions based on actual emissions shall be the preferred option
Amendment 399 #
2021/0214(COD)
Proposal for a regulation
Article 7 – paragraph 3 a (new)
Article 7 – paragraph 3 a (new)
3a. The European Commission shall offer technical and financial assistance, financed by the revenues raised through this regulation, to authorised declarants from low-income countries with the aim of facilitating the measurement, reporting and verification of embedded emissions based on actual emissions for these declarants, in accordance with Annex III of this Regulation
Amendment 406 #
2021/0214(COD)
Proposal for a regulation
Article 7 – paragraph 7
Article 7 – paragraph 7
7. The implementing acts referred to in paragraph 6 shall be adopted in accordance with the examination procedure referred to in Article 29(2). and only after the determined Union-wide ex-ante benchmarks are reviewed in view of modifying the definitions and system boundaries of existing product benchmarks as determined in Article 10a, paragraph 12 of the EU ETS revision (2021/0211).
Amendment 407 #
2021/0214(COD)
Proposal for a regulation
Article 7 – paragraph 7 a (new)
Article 7 – paragraph 7 a (new)
7a. The Commission is empowered to adopt delegated acts in accordance with Article 28 regarding the definition of a method of calculating indirect embedded emissions for simple and complex products and relevant default values, as well as a method of determining the CBAM price of indirect embedded emissions. The Commission shall adopt the implementing acts and the delegated acts referred to in paragraphs 6 and 7a by31 December 2023, with a view to ensuring their application from1 January 2024.
Amendment 441 #
2021/0214(COD)
Proposal for a regulation
Article 24 a (new)
Article 24 a (new)
Article 24 a Use of revenues from the sale of CBAM certificates and establishment of the European Fund for International Climate Action 1. Revenues generated from the sales of CBAM certificates shall allow for greater support for climate action and the objectives of the Green Deal through an EU contribution to international climate finance in favour of LDCs, to reduce greenhouse gas emissions in these countries, to adapt to the impacts of climate change, to fund research and development for mitigation and adaptation in these countries. 2. For the purpose of paragraph 1, the European Fund for International Climate Action is hereby established. 3. The European Fund for International Climate Action shall be endowed with resources equivalent to those resources generated by the CBAM certificates. 4. The resources of the European Fund of International Climate Action shall used for the purpose of reducing greenhouse emissions and addressing mitigation and adaptation effects of climate change in least developed countries (LDCs). 5. To ensure transparency of the use of revenues generated from the sale of CBAM certificates the Commission shall, on a yearly basis, report to the European Parliament and the Council on how the revenues from the sale of CBAM certificates, from the previous year has been used and how this has contributed to tackling climate change.
Amendment 572 #
2021/0214(COD)
Proposal for a regulation
Article 21 – paragraph 1 – introductory part
Article 21 – paragraph 1 – introductory part
1. The Commission shall calculate the price of CBAM certificates as the sum of the price of direct and indirect emissions. The price of direct emissions shall correspond to the average price of the closing prices of EU ETS allowances on the common auction platform in accordance with the procedures laid down in Commission Regulation (EU) No 1031/201054 for each calendar week. __________________ 54 Commission Regulation (EU) No 1031/2010 of 12 November 2010 on the timing, administration and other aspects of auctioning of greenhouse gas emission allowances pursuant to Directive 2003/87/EC (OJ L 302, 18.11.2010, p. 1).
Amendment 575 #
2021/0214(COD)
Proposal for a regulation
Article 21 – paragraph 1 – subparagraph 1
Article 21 – paragraph 1 – subparagraph 1
For those calendar weeks in which there are no auctions scheduled on the common auction platform, the price of CBAM certificatedirect emissions shall be the average price of the closing prices of EU ETS allowances of the last week in which auctions on the common auction platform took place.
Amendment 578 #
2021/0214(COD)
Proposal for a regulation
Article 21 – paragraph 3
Article 21 – paragraph 3
3. The price of indirect emissions shall be determined in the delegated acts referred to in Article 7.(7a). The Commission is also empowered to adopt implementing acts to further define the methodology to calculate the average price of CBAM certificates and practical arrangements for the publication of the price. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 29(2).
Amendment 644 #
2021/0214(COD)
Proposal for a regulation
Article 30 – paragraph 1
Article 30 – paragraph 1
1. The Commission shall collect the information necessary with a view to extending the scope of this Regulation to indirect emissions and goods other than those listed in Annex I, andto develop methods of calculating embedded emissions based on environmental footprint methods.
Amendment 650 #
2021/0214(COD)
Proposal for a regulation
Article 30 – paragraph 1 a (new)
Article 30 – paragraph 1 a (new)
1a. Before the end of the transitional period, the Commission shall present a legislative proposal with a view to extending the scope of this Regulation to goods other than those listed in Annex I goods, including but not limited to oil refineries, paper, glass, and downstream products.
Amendment 655 #
2021/0214(COD)
Proposal for a regulation
Article 30 – paragraph 2
Article 30 – paragraph 2
2. Before the end of the transitional period, the Commission shall present a report to the European Parliament and the Council on the application of this Regulation. The report shall contain, in particular, the: - an assessment of the possibilities to furthersocial impacts of extending the scope of embedded emissionsCBAM to other goods than those listed in Annex I, with measures designed to mindirect emissions and to oimise these effects; - an assessment of ther goods at risk of carbon leakage than those already covered by this Regulation, as well avernance system with a view to setting up a new European CBAM Authority to be given the tasks of coordinating the competent authorities, centralising data and serving as a single point of contact for operators, authorised declarants and assessment of the governance system. It shall also contain theny other interested parties; - an identification of circumvention and fraud practices and possible measures to address these; - an assessment of the possibility to further extend the scope to embedded emissions of transportation services as well as to goods further down the value chain and services that may be subject to the risk of carbon leakage in the future.
Amendment 673 #
2021/0214(COD)
Proposal for a regulation
Article 30 – paragraph 3 a (new)
Article 30 – paragraph 3 a (new)
3a. 3(a) The Commission shall monitor the functioning of the Carbon Border Adjustment Mechanism. Each year, it shall submit a report to the European Parliament and to the Council on the functioning of the Carbon Border Adjustment Mechanism, including the volumes of imported products covered by this Regulation, the quantity of emissions embedded in those products, as well as products’ average emissions-intensity. Information should also be provided on the use of revenues gained, particularly in relation to the EU’s contribution to international climate finance, and consistency with the transition to climate neutrality. This information should be presented in a transparent format and should be distinguishable by third country of origin. The yearly report should also include an assessment of the impacts of this regulation on the risk of carbon leakage relevant sectors, of the evidence and risk of circumvention and of the administrative procedures for declarants. Where necessary, Member States shall ensure that any relevant information is submitted to the Commission at least three months before the Commission adopts the report.
Amendment 682 #
2021/0214(COD)
Proposal for a regulation
Chapter IX – title
Chapter IX – title
Amendment 684 #
2021/0214(COD)
Proposal for a regulation
Article 31 – paragraph 1
Article 31 – paragraph 1
1. The CBAM certificates to be surrendered in accordance with Article 22 shall be adjusted to reflect the extent to which EU ETS allowances are allocated free of charge in accordance with Article 10a of Directive 2003/87/EC to installations producing, within the Union, the goods listed in Annex INo free allocation shall be given in relation to the production within the Union of goods listed in Annex I as from the date of application of the CBAM, as provided in Article 36(3).
Amendment 692 #
2021/0214(COD)
Proposal for a regulation
Article 31 – paragraph 2
Article 31 – paragraph 2
Amendment 706 #
2021/0214(COD)
Proposal for a regulation
Article 35 – paragraph 2 – point b
Article 35 – paragraph 2 – point b
(b) the actual total embedded direct emissions, expressed in tonnes of CO2e emissions per megawatt-hour of electricity or for other goods in tonne of CO2e emissions per tonne of each type of goods, calculated in accordance with the method set out in Annex III;
Amendment 707 #
2021/0214(COD)
Proposal for a regulation
Article 35 – paragraph 2 – point c
Article 35 – paragraph 2 – point c
(c) the actual total embedded indirect emissions, expressed in tonnes of CO2e emissions per tonne of each type of other goods than electricity, calculated in accordance with a method set out in an implementingthe delegated acts referred to in paragraph 6Article 7(7a);
Amendment 713 #
2021/0214(COD)
Proposal for a regulation
Article 35 – paragraph 6
Article 35 – paragraph 6
6. The Commission is empowered to adopt implementing acts concerning the information to be reported, the procedures for communicating the information referred to in paragraph 3 and the conversion of the carbon price paid in foreign currency into euro at yearly average exchange rate. The Commission is also empowered to adopt implementing acts to further define the necessary elements of the calculation method set out in Annex III, including determining system boundaries of production processes, emission factors, installation-specific values of actual emissions and their respective application to individual goods as well as laying down methods to ensure the reliability of data, including the level of detail and the verification of this data. The Commission is further empowered to adopt implementing acts to develop a calculation method for indirect emissions embedded in imported goods.
Amendment 717 #
2021/0214(COD)
Proposal for a regulation
Article 36 – paragraph 3 – point a
Article 36 – paragraph 3 – point a
(a) Articles 32 to 34 shall apply until 31 December 20254.
Amendment 720 #
2021/0214(COD)
Proposal for a regulation
Article 36 – paragraph 3 – point b
Article 36 – paragraph 3 – point b
(b) Article 35 shall apply until 28 February 20265.
Amendment 723 #
2021/0214(COD)
Proposal for a regulation
Article 36 – paragraph 3 – point c
Article 36 – paragraph 3 – point c
(c) Articles 5 and 17 shall apply from 1 September 20254.
Amendment 726 #
2021/0214(COD)
Proposal for a regulation
Article 36 – paragraph 3 – point d
Article 36 – paragraph 3 – point d
(d) Articles 4, 6, 7, 8, 9, 14, 15, 16, 19, 20, 21, 22, 23, 24, 25, 26, 27 and 31 shall apply from 1 January 20265.
Amendment 736 #
Amendment 737 #
2021/0214(COD)
Proposal for a regulation
Annex I – table 5 a (new)
Annex I – table 5 a (new)
CN Code Greenhouse gas 2804 10 000 - Hydrogen Carbon dioxide 2814 10 000 - Anhydrous amonia Carbon dioxide 2814 20 00 - Amonia in aqueous solution Carbon dioxide
Amendment 738 #
Amendment 739 #
2021/0214(COD)
Proposal for a regulation
Annex I – table 5 b (new)
Annex I – table 5 b (new)
CN Code Greenhouse gas 29 - Organic Chemicals Carbon dioxide
Amendment 740 #
Amendment 741 #
2021/0214(COD)
Proposal for a regulation
Annex I – table 5 c (new)
Annex I – table 5 c (new)
CN Code Greenhouse gas 39 - Plastics and articles thereof Carbon dioxide and nitrous oxide
Amendment 747 #
2021/0214(COD)
Proposal for a regulation
Annex III – point 4 – point 4.2 – point 4.2.1 – paragraph 1
Annex III – point 4 – point 4.2 – point 4.2.1 – paragraph 1
Specific default values shall be based on the best data available to the Commission determining the average CO2 emission factor in tonnes of CO2 per megawatt- hour of price-setting sources10% worst performing installations producing electricity in the third country, group of third countries or region within a third country.
Amendment 748 #
2021/0214(COD)
Proposal for a regulation
Annex III – point 4 – point 4.2 – point 4.2.2 – paragraph 1
Annex III – point 4 – point 4.2 – point 4.2.2 – paragraph 1
Where no specific default value has been determined for a third country, a group of third countries, or a region within a third country, the default value for electricity shall represent the CO2 emission factor of the 10% worst installations in the EU, in tonne of CO2 per megawatt- hour. That means the weighted average of the CO2 intensity of electricity produced from fossil fuelthe 10%worst performing fossil fuels- based installations in the EU. The weight reflects the production mix of the fossil fuels10% worst performing installations producing electricity in the EU. The CO2 factor is the result of the division of the CO2 emission data of the energy industr10% worst performers producing electricity divided by their gross electricity generation based on fossil fuels in megawatt- hour.
Amendment 749 #
2021/0214(COD)
Proposal for a regulation
Annex III – point 4 – point 4.2 – point 4.2.2 – paragraph 2
Annex III – point 4 – point 4.2 – point 4.2.2 – paragraph 2
Where authorised declarants of goods originating in a third country, or for a group of third countries having a significant exchange of electricity with the EU, it can be demonstrated, on the basis of reliable data, that the average CO2 emission factor of price-setting sources inelectricity exported from that third country or that group of third countries is lower than the one10% worst performing installations producing in the EU or lower than the specific default value, an alternative default value based on that average CO2e emission factor shall be established for that country or group of countries.
Amendment 752 #
2021/0214(COD)
Proposal for a regulation
Annex III – point 5 – paragraph 1 – point c a (new)
Annex III – point 5 – paragraph 1 – point c a (new)
(c a) if the installation producing electricity is a nuclear power plant, it must fulfil EU recognised nuclear safety levels and apply the requirements of Council directive 2009/71/EURATOM establishing a Community framework for the nuclear safety of nuclear installations(including Council directive2014/87/EURATOM amending Directive2009/71/Euratom); and Council directive 2011/70/EURATOM of 19 July2011establishing a Community framework for the responsible and safe management of spent fuel and radioactive waste;
Amendment 22 #
2020/2259(INI)
Motion for a resolution
Recital A a (new)
Recital A a (new)
A a. whereas the COVID-19 pandemic created an unprecedented health crisis with major impacts on our societies, economy and public coffers;
Amendment 45 #
2020/2259(INI)
Motion for a resolution
Recital C a (new)
Recital C a (new)
C a. whereas recent developments in taxation and tax collection have shifted the tax incidence from wealth to income, from capital income to labour income and consumption, from MNEs to SMEs and from the financial sector to the real economy;
Amendment 46 #
2020/2259(INI)
Motion for a resolution
Recital C b (new)
Recital C b (new)
C b. whereas women and low income group are very impacted by an unfair and biased tax system, as they typically rely more on labour income, spend a higher proportion of their income on consumption and have less shares in MNEs;
Amendment 47 #
2020/2259(INI)
Motion for a resolution
Recital C c (new)
Recital C c (new)
C c. whereas higher rates of tax evasion exist among the wealthiest 1a _________________ 1a https://ec.europa.eu/taxation_customs/site s/taxation/files/2019-taxation-papers- 76.pdf
Amendment 48 #
2020/2259(INI)
Motion for a resolution
Recital C d (new)
Recital C d (new)
C d. whereas EU member states rely disproportionately on certain taxes, particularly labour income taxes, social contributions and indirect taxes such as value added tax (VAT);
Amendment 49 #
2020/2259(INI)
Motion for a resolution
Recital C e (new)
Recital C e (new)
C e. whereas since 2002 the share of environmental tax revenues in total government taxation revenue has slightly declined, as has its value as a share of GDP;
Amendment 50 #
2020/2259(INI)
Motion for a resolution
Recital C f (new)
Recital C f (new)
C f. whereas ‘the polluter pays’ principles are not consistently applied, and the external costs of natural resource use and pollution are generally paid by society rather than the user/polluter;
Amendment 51 #
2020/2259(INI)
Motion for a resolution
Recital C g (new)
Recital C g (new)
C g. whereas tax exemptions for the aviation and maritime sectors distort competition between transport sectors, and may promote inefficient and polluting modes of transport;
Amendment 52 #
2020/2259(INI)
Motion for a resolution
Recital C h (new)
Recital C h (new)
C h. whereas in many EU Member States, taxes and levies on electricity are higher than for coal, gas or heating oil, both in absolute value and as a share of total price, hence hampering the achievement of the EU environment and climate policies;
Amendment 91 #
2020/2259(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. HighlightsObserves that as the transformation of production- consumption systems proceeds, in the context of rapid innovation,population ageing, changing work relations and shifting resource use patterns,the fiscal and social security systems will have to be reformed to remainviable and support transitions; highlights with concern that current tax systems, and the fiscal capacities of Member States, are already facing and will increasingly face severe shocks, such as the need for l: a. Large public investments needed to sustain the economic recovery and the green transition, the ageing of our societies and the consequent r, reach the sustainable development goals, reduce inequality and end poverty, b.Significant need for funding of mitigationand adaptation policies as a response to the climate crisis, c.Climate crisis and environmentaldegradation can affect tax revenue generated through income taxation due totheir impact on health, biodiversity, infrastructure, and economic activity, d. Ageing of our societies and the relative shrinking of the working-age population could generate substantial pressure on revenue from labour taxation and social contributions, while ageing is likely to create additional public spending needs (e.g. care for the elderly), e.Reduction in the working- age population, the d from 65% to 57% of the total EU population in the period 2018–2050 may reduce labour tax revenues, including social security contributions, as well as returns from value added tax, f. Digital transformation of labour labour markets, increasedmarkets can possibly reduce the labour income shareand increasing wage polarisation. A relative fall in labour income could lead to a decline in labour tax revenues, g. Continuing and accelerating tax competition andin the existing tax gap10 ; fields of corporate and personal income taxes, h. Existing tax gaps resulting from tax fraud, tax evasion, aggressive tax planning and money laundering and their impact on the tax morale of taxpayers1b ; _________________ 10bEuropean Commission, ‘Tax policies in the European Union’ survey, 2020, https://ec.europa.eu/taxation_customs/busi iness/company-tax/tax-good- governance/european-semester/tax- policies-european-union-survey_en
Amendment 99 #
2020/2259(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. Stresses that public finances will need to play a major role in enabling sustainability transitions through investments in innovation, infrastructure, human capital and ecosystems, yet these needs will compete with expanding demand for spending on areas such as pensions and health;
Amendment 100 #
2020/2259(INI)
Motion for a resolution
Paragraph 2 b (new)
Paragraph 2 b (new)
2 b. Highlights that there is significant income and wealth inequality in the EU; notes that automatic stabilisers have played a key role in preventing a significant increase of such inequality during the COVID19 crisis, still however poorer household are the most severely hit;
Amendment 102 #
2020/2259(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Underlines that taxation and tax collection have shifted the tax incidence from wealth to income, from capital to labour income and consumption, from MNEs to SMEs, and from the financial sector to the real economy; observes with concern this shift in the tax burden from more mobile to less mobile taxpayers, resulting in a lower average tax burden for the very income-rich11 ; concludes that in absence of European coordination, globalisation limits the capacities of countries to design their tax policies, including redistribution; _________________ 11European Commission, ‘Tax policies in the European Union’ survey, 2020, https://ec.europa.eu/taxation_customs/busi ness/company-tax/tax-good- governance/european-semester/tax- policies-european-union-survey_en
Amendment 106 #
2020/2259(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. Observes with concern that between 2005 and 2018 taxes on capital as a percentage of total taxes have decreased in the EU, while taxes on labour have increased and VAT reaching the highest value in more than a decade; notes with great concern the continuing race to the bottom in corporate income tax rates in the EU;
Amendment 108 #
2020/2259(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Points out that technological progress and economic integration are making the taxpayers and tax bases of all types of tax increasingly mobile12 ; notes that this could reinforce the tendency to rely on immobile tax bases; notes further that this could reinforce the tendency to rely on immobile tax bases to finance public budgets and lead to a possibly significant reallocation of mobile tax bases across jurisdictions; emphasises that such tendency lowers the tax morale and leads to severe unequal outcomes for ordinary citizens, in particular women, self-employed and SMEs; _________________ 12European Commission, ‘Tax policies in the European Union’ survey, 2020, https://ec.europa.eu/taxation_customs/busi ness/company-tax/tax-good- governance/european-semester/tax- policies-european-union-survey_en
Amendment 113 #
2020/2259(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Observes that in spite of the numerous calls for shifting taxation from labour to pollution, revenues from taxes on pollution and resources in particular have remained very low, and yet they offer a potential source for increasing revenue through the application of the ‘polluter pays’ principle and are difficult to evade owing to the character of the tax base; notes that environmental taxes only raise 6% of total tax revenues1c; notes that energy tax revenues constitute the main component of environmental tax receipts for almost all countries (accounting for almost 78 % of EU-27environmental tax revenues), of which transport fuel taxes represent around 67% of receipts, followed by non-fuel transport taxes (19 %) and pollution/resources taxes (3 %) ; regrets that there is continuing government support for highly polluting industries; recalls that according to the OECD, carbon intensive industries have benefitted from around 50% of the coronavirus financial support packages1d _________________ 1chttps://ec.europa.eu/eurostat/statistics- explained/index.php/Environmental_tax_ statistics 1d https://www.oecd.org/coronavirus/policy- responses/green-budgeting-and-tax- policy-tools-to-support-a-green-recovery- bd02ea23/
Amendment 122 #
2020/2259(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. Reminds that the EU minimum energy taxation regimes set in the Energy Taxation Directive 2003/96/EC are outdated and need to be aligned with the Green Deal objectives; notes that the Energy Taxation Directive as it currently stands does not factor in the “polluter pays principle” and is a hidden subsidy to fossil fuels by allowing general exemptions to energy uses in transport and heating;
Amendment 125 #
2020/2259(INI)
Motion for a resolution
Paragraph 5 b (new)
Paragraph 5 b (new)
5 b. Notes with particular concern that redistribution through personal income tax system is endangered through the digital transformation of labour markets, the increasing mobility of labour and rising level of non-standard employment; highlights that this would raise equity concerns, in particular in a context of increasing wage polarisation; notes that, according to the IMF, new technologies have been the main factor explaining the decline in labour’s share of national income; observes that this has increased inequality, as that income has instead gone to the owners of the capital and it has also affected public budgets by shrinking the income tax base, since the output of automata, robots, and AI based devices are taxed as corporate profits;
Amendment 126 #
2020/2259(INI)
Motion for a resolution
Paragraph 5 c (new)
Paragraph 5 c (new)
Amendment 135 #
2020/2259(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6 a. Deplores that tax matters still fall under the unanimity rule; warns that unanimity is impeding important tax reforms without which significant internal market distortions remain; notes with concern that tax mixes in the EU are very divergent leading to distortions; believes that harmonization and minimum rates would lead to more effective, simple, and fair tax systems strengthening national sovereignties;
Amendment 139 #
2020/2259(INI)
Motion for a resolution
Paragraph 6 b (new)
Paragraph 6 b (new)
Amendment 140 #
2020/2259(INI)
Motion for a resolution
Paragraph 6 c (new)
Paragraph 6 c (new)
6 c. Highlights that green taxation internalising the “polluter pays principle” as part of economic and fiscal reforms can play a key role in national recovery and resilience plans and therefore calls on the European Commission to put the right emphasis on this in the national recovery and resilience plans and encourage Member States to move in that direction;
Amendment 151 #
2020/2259(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Notes with concern that the impact of the COVID-19 pandemic is highly regressive, with the poorest households being the most severely hit14 ; regrets that large companies that realise excess profits, such as e-commerce businesses and wealthy individuals who realise significant capital gains through speculation, are often undertaxed; warns that if no action is taken to rebalance the tax mix the tax morale of ordinary citizen, self-employed and SMEs will be further damaged; _________________ 14OECD, ‘Tax and Fiscal Policy in Response to the Coronavirus Crisis: Strengthening Confidence and Resilience’, 19 May 2020,https://www.oecd.org/ctp/tax- policy/tax-and-fiscal-policy-in-response- to-the-coronavirus-crisis-strengthening- confidence-and-resilience.htm
Amendment 158 #
2020/2259(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8 a. Emphasises that tax policies need to ensure that the costs and benefits of the green and digital transition are fairly distributed amongst regions, businesses and citizens; calls on member states to find ways to sustain existing tax bases as much as possible, while exploring new ones;
Amendment 163 #
2020/2259(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. HUnderlines that large institutions such as IMF, World Bank and OECD call for a comprehensive shift to taxing pollution; notes that taxation is seen as the single most effective way of pricing carbon; highlights that environmental taxes have the potential to cover the need for additional revenue while supporting a resilient, competitive, sustainable and carbon-free economy; calls on Member States to consider expanding the tax base for environmental taxes through inter alia n: a. Natural resource taxes, distance-based charges in the transport sector, fuel pr that directly increase the price of natural resources (minerals, aggregates, water), b. Distance-based charges in the transport sector can be set to reflect the pollution costs and congestion implications of different types of vehicles, and the taxation of deforestation, landfill, incineration, pesticides and fertilizers; supporting the transition to zero-emission mobility, c. Fuel prices should in principle reflect supply costs and environmental costs - not just their contribution to global warming, but also local air pollution and, in the case of road fuels, traffic congestion, accidents, and road damage, d. Tax deforestation and incentivize afforestation, and biodiversity respecting forest management, e.Taxation to reduce the use of fertilisers and pesticides; f.Price of different foods reflects their real costs in terms of use of finite natural resources, pollution, GHG emissions and other environmental externalities, g. Adequately tax landfill and incineration practices;
Amendment 196 #
2020/2259(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Calls on Member States to revise tax expenditure in all tax areas; calls on Member States to perform annual, detailed and public cost-benefit analyses of each tax provision; notes that tax incentives should aim at attracting investments in the ‘real’ economy, profit-based tax incentives, such as patent boxes, should be avoided as these often lead to abusive schemes and loss of revenues;
Amendment 200 #
2020/2259(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12 a. Calls for personal income tax (structure of rates, exemptions, deductions, allowances, credits, etc.) to be designed to actively promote equal sharing of paid and unpaid work, income and pension rights between women and men, and to eliminate incentives that perpetuate unequal gender roles;
Amendment 201 #
2020/2259(INI)
Motion for a resolution
Paragraph 12 b (new)
Paragraph 12 b (new)
12 b. Notes that corporation and wealth taxes play a crucial role in reducing inequality through redistribution within the tax system and in providing revenues to fund social provisions and social transfers; fully supports the IMF recommendation in its Fiscal Monitor of April 2021 to introduce a temporary COVID-19 recovery contribution levied on high incomes or wealth to meet pandemic-related financing;
Amendment 208 #
2020/2259(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13 a. Observes that also businesses can through corporate social responsibility initiatives increase tax morale; supports and encourages the up-take of voluntary tax transparency frameworks such as GRI 207 and voluntary tax codes of conduct for businesses by large companies; recommends the European Commission and Member States to include such matters in public procurement and tender procedures;
Amendment 221 #
2020/2259(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Calls on the Commission to publish a roadmap and toolkit to guide Member States in reforming their tax systems post COVID-19; calls on the Commission to launch a comprehensive evaluation, to be followed by an action plan, on existing and important distortions in all tax areas that could severely impede Member States in reforming their tax systems and to protect their tax base and create a resilient and fair tax mix; calls on the Commission to launch legislative proposals introducing minimum standards, such as base or rate harmonisation, where needed to coordinate better taxation efforts;
Amendment 226 #
2020/2259(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
Amendment 236 #
2020/2259(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16 a. Calls on the Commission to present legislative proposals to bring VAT rates in line with environmental and health considerations and consider differentiated VAT rates based on product circularity, asks to remove exemptions for international passenger air and maritime transport, and increase relevant minimum excise duties that have lost their effect due to inflation; seeks to pair these reforms with efforts to maintain purchasing power for those with the lowest income levels in the European Union;
Amendment 239 #
2020/2259(INI)
Motion for a resolution
Paragraph 16 b (new)
Paragraph 16 b (new)
Amendment 242 #
2020/2259(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Calls on the Commission to propose an SME tax simplification package that aims to make tax compliance more streamlined and easier for small and medium-sized businesses; this package should consist of measures for making tax reporting less burdensome, encouraging Member States and national tax administrations to digitalise their processes, and to explore ways for moving towards simplified e-accounting, e- declarations and even automatic declarations for SMEs; reminds in this regard the importance of learning from best practices in different countries and cooperative compliance;
Amendment 246 #
2020/2259(INI)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17 a. Calls on the Commission to set up a centralised database of VAT rates in EU Member States with a legal obligation on Member States to keep it up to date – which is not the case for the current VIES database maintained by the Commission;
Amendment 251 #
2020/2259(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Recalls on the Commission and the Member States to carry out regular gender impact assessments of fiscal policies from a gender equality perspective focusing on the multiplier effect and implicit bias to ensure that neither direct nor indirect discrimination feature in any fiscal policies in the EU; recalls further the Commission to meet its legal obligation to promote gender equality, including in its assessments of fundamental tax policy design; underlines that reviews of Member States’ tax systems within the European Semester, as well as country- specific recommendations, require thorough analyses in this regard;
Amendment 255 #
2020/2259(INI)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18 a. Calls for a multilateral initiative at UN or G20 level to introduce minimum carbon tax standards including a rate; notes that such multilateral initiative could lead to a Multilateral Carbon Tax Treaty that would put all countries-, high- ,middle- and low-income countries on different pathways for application of a carbon tax, according to their differing levels of economic and social development; observes that recent analysis by the IMF and OECD shows that 55% of CO2-emissions from energy use across OECD and G20 countries remain completely unpriced;
Amendment 5 #
2020/2242(INI)
Motion for a resolution
Citation 4 a (new)
Citation 4 a (new)
- having regard to the Commission communication of 14 October 2020 entitled ‘An EU strategy to reduce methane emissions’ (COM(2020)0663),
Amendment 10 #
2020/2242(INI)
Motion for a resolution
Citation 18 a (new)
Citation 18 a (new)
- having regard to its resolution of 28 November 2019 on the climate and environment emergency1, _________________ 1 Texts adopted, P9_(2019)0078.
Amendment 11 #
2020/2242(INI)
Motion for a resolution
Citation 19 a (new)
Citation 19 a (new)
- having regard to its resolution of 10 July 2020 on the revision of the guidelines for trans-European energy infrastructure2, _________________ 2 Texts adopted, P9_(2020)0199.
Amendment 12 #
2020/2242(INI)
Motion for a resolution
Citation 19 b (new)
Citation 19 b (new)
- having regard to its resolution of 2 July 2020 on a comprehensive European approach to energy storage3, _________________ 3a Texts adopted, P9_(2020)0198.
Amendment 16 #
2020/2242(INI)
Motion for a resolution
Recital A
Recital A
A. whereas the EU has endorsed the Paris Agreement, the Green Deal and the goal of achieving a cost-efficient and fair transition leading to climate neuat sets the long-term goal of limiting the rise in the Earth’s temperature to 1.5 °C in relation to pre- industriality by 2050 levels;
Amendment 25 #
2020/2242(INI)
Motion for a resolution
Recital B
Recital B
B. whereas the transition to a net-zero greenhouse gasclimate- neutral economy requires a cleanrapid and fair energy transition that ensures sustainability and health, participation, security of supply and affordability of energy; whereas this rapid transition to a high- efficiency energy system based on renewable energies must be completed within the next 10 years, otherwise there is a risk that the climate goal set by the EU and the scientific community may not be achieved;
Amendment 35 #
2020/2242(INI)
Motion for a resolution
Recital C
Recital C
C. whereas hydrogen can be used for industrial, transport and heating applications, decarbonisingas a raw material and source of energy for high-temperature processes for industrial applications, the aviation sector and maritime transport, or in other words sectors in which direct electrification is not possible or competitive, as well as for energy storage to balance the energy system, thereby playing a significant role in energy system integration;
Amendment 47 #
2020/2242(INI)
Motion for a resolution
Recital C a (new)
Recital C a (new)
Ca. whereas research shows that renewable energies can supply up to 100%4 of the European energy mix in 2050, of which hydrogen will account for a share of 13-14%5; _________________ 4 LUT University 2020 5A hydrogen strategy for a climate- neutral Europe (COM(2020)0301)
Amendment 62 #
2020/2242(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Stresses that the production of hydrogen is not a goal in and of itself, but should contribute to the overall reduction of greenhouse gas emissions; asserts that renewable hydrogen7a can act as a renewable energy storage vector and deliver solutions for certain industrial sectors, such as the steel industry, or certain transport sectors where electrification may not be a suitable option, such as the aviation sector; stresses the need to maintain and further develop European technological leadership in clean13renewable hydrogen through a competitive and sustainable hydrogen economy with an integrated hydrogen market; emphasisesnotes the added value of the domestic production of renewable hydrogen in terms of the development and marketing of innovative electrolysis technologies; emphasises, therefore, the necessity of a European hydrogen strategy that covers the whole hydrogen value chain, including the demand and supply sectors, and is coordinated with national efforts to bring down the costs of clean hydrogen; welcomes, therefore, the hydrogen strategy for a climate-neutral Europe proposed by the Commission; _________________ 13 According to the Commission, ʻclean hydrogenʼ refers to hydrogen produced through electrolysis of water with electricity from renewable sources. It may also be produced through reforming of biogas or biochemical conversion of biomass, if in compliance with sustainability requirementsensure that renewable hydrogen is produced by new renewable energy installations or to absorb the surplus produced by existing installations, in accordance with the concept of additionality and a reduction in the costs of clean hydrogen; welcomes, therefore, the hydrogen strategy for a climate-neutral Europe and the future revision of the Renewable Energy Directive6a proposed by the Commission; _________________ 6aDirective (EU) 2018/2001 of the European Parliament and of the Council of 11 December 2018 on the promotion of the use of energy from renewable sources 7aThe amendment replacing ‘clean’ with ‘renewable’ applies throughout the entire text.
Amendment 77 #
2020/2242(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Underlines that the ‘energy efficiency first’ principle and energy conservation prevails and that direct electrification, where possible, ismeasures involving energy savings, direct use of renewable energies and direct electrification from renewable sources are the preferable options for decarbonisation as it is more costmaking significant progress towards climate neutrality in all the sectors affected, since they are more cost-, resource- and energy- efficient than the use of clean hydrogen;
Amendment 86 #
2020/2242(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Is convinced that only clean hydrogen is sustainably contributing to achieving climate neutrality in the long term; Underlines that according to the European Commission, hydrogen currently accounts for less than 2% of the EU’s energy mix8a and that 96% of this hydrogen is produced using fossil fuels9a, resulting in the release of 70-100 million tonnes of CO2 per year in the EU10a; Is convinced that only hydrogen produced from renewable sources is sustainably contributing to achieving climate neutrality; _________________ 8aFCH JU (2019) Hydrogen Roadmap Europe. This percentage includes the use of hydrogen as a raw material. 9aAt present, the 300 electrolysers in use in the EU produce less than 4% of total hydrogen output – Fuel Cells and Hydrogen Joint Undertaking (FCH JU), 2019, ‘Hydrogen Roadmap Europe’. 10a COM(2020)0301
Amendment 98 #
2020/2242(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Believes that a common legal classification of the different types of hydrogen is of utmost importance; welcomes the classification proposed by the Commission; notes that avoiding two names for the same category, such as ʻrenewableʼ and ʻcleanʼ hydrogen, could further clarify that classification; could further clarify that classification; calls for the classification of the different types of hydrogen to relate not solely to CO2 emissions, but also to other environmental criteria, in particular those included in the taxonomy18a; proposes that renewable hydrogen should be defined within the existing legislative framework for non- biogenic renewable liquid and gaseous fuels used in the transport sector as established by the Renewable Energy Directive11a; _________________ 11A Directive (EU) 2018/2001 of the European Parliament and of the Council of 11 December 2018 on the promotion of the use of energy from renewable sources 18aRegulation (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
Amendment 108 #
2020/2242(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Underlines the urgent need for European standards, certification and labelling systems for clean hydrogen and guarantees of origin for renewable electricity; believes that clean hydrogen should be determined according to an independent, science-based review of its lifecycle emissionall forms of hydrogen; believes that the different forms of hydrogen should be determined according to an independent, science-based review, which takes into account not only their lifecycle greenhouse gas emissions but also transparent and robust sustainability criteria based on the objectives of sustainable use and the protection of water and maritime resources; the transition to a circular economy, in particular the prevention of waste and the increased use of raw and secondary materials; pollution prevention and control; and finally, the protection and restoration of biodiversity and ecosystems; calls on the Commission to provide a regulatory framework as early as possible in 2021;
Amendment 118 #
2020/2242(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Notes that the system of guarantees of origin for renewable electricity has not triggered adequate investments in additional capacities; proposes, therefore, that a methodology should be introduced for determining the conditions and criteria which are necessary to ensure that the production of renewable hydrogen delivers genuine additionality, in particular: (i) a direct connection between the new renewable energy installations and electrolysers, or (ii) power purchase agreements, or (iii) during periods when the electricity in the grid is entirely renewable or when the production of renewable electricity exceeds demand, would be lost or curtailed or could be converted into hydrogen for storage or system efficiency purposes;
Amendment 123 #
2020/2242(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Is strongly convinced that public acceptance is key to the successful creation of a hydrogen economy; stresses, therefore, the importance of public and stakeholder involvement andof the importance of European safety and technical standards for hydrogen, and high- quality hydrogen solutions respecting those standards;
Amendment 126 #
2020/2242(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Citizen engagement12a _________________ 12aThis text is the heading of a new chapter that includes the following four paragraphs.
Amendment 127 #
2020/2242(INI)
Motion for a resolution
Paragraph 6 b (new)
Paragraph 6 b (new)
6b. Underlines that citizen engagement is crucial for the implementation of a fair, successful, participative and inclusive energy transition; underlines, therefore, the importance of ensuring that all stakeholders share the costs and benefits in an integrated system rather than an exemption-based system;
Amendment 128 #
2020/2242(INI)
Motion for a resolution
Paragraph 6 c (new)
Paragraph 6 c (new)
6c. Welcomes the renewable energy communities involved in the production of hydrogen; recalls the obligation to provide them with an enabling framework in accordance with the Directive on common rules for the internal market for electricity13a and requests that they should benefit from the same advantages as other stakeholders; _________________ 13aDirective (EU) 2019/944 of the European Parliament and of the Council of 5 June 2019 on common rules for the internal market for electricity and amending Directive 2012/27/EU
Amendment 129 #
2020/2242(INI)
Motion for a resolution
Paragraph 6 d (new)
Paragraph 6 d (new)
6d. Observes that the potential for job creation in the renewable hydrogen sector is estimated at 10 300 jobs per billion euro invested14a, and that this figure will be boosted by jobs in the renewable electricity and consumption sectors; _________________ 14aEuropean Commission: Hydrogen generation in Europe: Overview of costs and key benefits
Amendment 130 #
2020/2242(INI)
Motion for a resolution
Paragraph 6 e (new)
Paragraph 6 e (new)
6e. Observes that more must be done to promote equal opportunities in the hydrogen sector, and calls for the launch of a European initiative targeted at women with a view to identifying and removing obstacles and building networks and models;
Amendment 135 #
2020/2242(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. WBelcomesieves that the Commission’s ambitious goals of increasing the capacity of renewable hydrogen electrolysers and hydrogen production and electrification will render necessary a substantial increase in the 2030 renewables goal15a; urges the Commission and the Member States to incentivise the value chain and market uptake of clean hydrogen in order to make it technologically mature and to carry out a comprehensive revision of our resource and energy pricing and taxation systems and structures with a view to internalising external costs such as emissions as a way of demonstrating that renewable hydrogen is indeed competitive with fossil-based and low-carbon hydrogen14; _________________ 14 carbon hydrogenʼ encompasses fossil- based hydrogen with carbon capture and electricity-based hydrogen, with significantly reduced full life-cycle greenhouse gas emissions compared to existing hydrogen production.According to the Commission, ʻlow- 15aDirective (EU) 2018/2001 of the European Parliament and of the Council of 11 December 2018 on the promotion of the use of energy from renewable sources
Amendment 144 #
2020/2242(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Stresses that renewable hydrogen could be competitive before 203016a and that all investments should therefore be focused on this area; _________________ 16a‘A hydrogen strategy for a climate- neutral Europe’ (COM(2020)0301), DNV GL (2020): European Carbon Neutrality: ‘The Importance of Gas – A study for Eurogas’
Amendment 148 #
2020/2242(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Highlights that for a functioning and predictable internal hydrogen market, regulatory barriers need to be overcome and a coherent, integrated and comprehensive regulatory framework created; believes that the gas market regulatory framework and the Clean Energy Package could serve as blueprints for that purposea regulatory framework focused on hydrogen is most appropriate in view of its specific uses in pure form, including storage; asserts that it is necessary to establish appropriate links with other regulatory frameworks, in particular the Renewable Energy Directive as regards certification and additionality, the Energy Efficiency Directive with a view to defining real needs and reducing the costs of decarbonisation, the Regulation on energy infrastructure and regulatory frameworks for the electricity and gas markets in connection with storage, as well as the framework for the transport sector, with a view to the genuine integration of sectors;
Amendment 166 #
2020/2242(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Notes that, in order to build up a sustainable hydrogen economy fast enough to reach our climate goals, low-carbon hydrogen can play acare must be taken to avoid transitional rsole; calls utions the Commission to assess for how long and how much of this hydrogen would be needed approximately for decarbonisation purposes until solely clean hydrogen can play this roat divert financial resources and hold back systemic and technological progress; believes that solely clean hydrogen can play this role in order to achieve climate neutrality in sectors where no other options are available;
Amendment 174 #
2020/2242(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Observes that the production of low-carbon hydrogen will require investments in CO2 capture, storage and transport infrastructures, producing a lock-in effect that is incompatible with the goal of climate neutrality;
Amendment 188 #
2020/2242(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Underlines that a clean hydrogen economy requires significant additional amounts of affordable renewable energy and the corresponding infrastructure; calls on the Commission and the Member States to step up their efforts in this regart the roll-out of supplementardy and to abolish taxes and levies on renewable electricityadequate renewable capacities to supply the electrification process and the production of renewable hydrogen;
Amendment 194 #
2020/2242(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Considers that the deployment of additional renewable energy capacity in proportion to the need for renewable hydrogen is also necessary in order to avoid competition between the capacity required for electrification, electrolysers and other purposes;
Amendment 200 #
2020/2242(INI)
Motion for a resolution
Paragraph 10 b (new)
Paragraph 10 b (new)
10b. Calls for the urgent removal of the free allowances under the EU’s emissions trading system (ETS) for the production of hydrogen from fossil fuels;
Amendment 203 #
2020/2242(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Emphasises the timely need for hydrogenrenewable electricity production and transport infrastructure and the parallel development of demand and supply; welcomes, in this respect,; stresses that the infrastructure for hydrogen transport must be a closed-loop system between renewable hydrogen production sites and industrial sites and multimodal transport centres to guarantee the parallel development of demand and supply, while bearing in mind that transport may also be carried out using tankers; welcomes, in this respect, the fact that the energy efficiency first principle prevails in the strategy for energy system integration; notes the Commission’s intention to review Regulation No 347/2013 of 17 April 2013 on guidelines for trans- European energy infrastructure (the TEN-E Regulation)15, which must be equipped with a new system of governance for the planning of infrastructure; notes that, despite the concentration on industrial clusters in the first phase, the planning of infrastructure for transmission over longer distances and its regulation should already be undertaken; _________________ 15 OJ L 115, 25.4.2013, p. 39.must also take into consideration longer distances between a production site at sea and a consumption site and notes that its regulation should already be undertaken;
Amendment 218 #
2020/2242(INI)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. Calls for only ‘no regrets’ options for investment in new hydrogen infrastructure to be taken into consideration, avoiding stranded assets; stresses the need to take fully into consideration the significant losses during the production, transport, storage and processing of hydrogen17a; _________________ 17aIEA, The future of hydrogen, June 2019; IEA, Energy technology perspectives report, September 2020
Amendment 232 #
2020/2242(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Encourages the Commission and the Member States to assess the possibility of repurposingpotentially repurposing some of the existing gas pipelines for the transport of pure hydrogen where those gas pipelines are connected to production and industrial sites and multimodal transport centres, in order to maximise cost efficiency and minimise land and resource use, investment costs and levelised costs of transmission;
Amendment 243 #
2020/2242(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12a. Opposes the idea of blending hydrogen, a product that is complicated and expensive to produce, into the existing grid with fossil gas, which is comparatively cheaper, as that would be at odds not only with economic principles but also with the reality of the demand for pure hydrogen; notes that if blending were to take place the majority of the energy would be used up in the processes of blending, transport and separation of the hydrogen from the fossil gas rather than serving real energy needs;
Amendment 258 #
2020/2242(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Highlights that, in order to achieve a fast market uptake of clean hydrogen and to avoid carbon lock-ins, demand for clean hydrogen must increase; acknowledges that the initial focus of hydrogen demand should be on sectors for which the use of hydrogen is close to competitive or that currentlthe only way they cannot be decarbonised by other means; believes that for these sectors roadmaps for demand development, investment and research needs should be established at European level, based on independent scientific studies; agrees with the Commission that demand-side policies such as quotas for the use of clean hydrogen in specific sectors and carbon contracts for difference (ʻCCfDʼ) are necessary to promote decarbonisation through clean hydrogenre necessary to promote decarbonisation through clean hydrogen, accompanied by carbon contracts for difference for projects using hydrogen produced by renewable electricity (ʻCCfDʼ) where that is vital in order to preserve the competitiveness of end users, while ensuring that the compensation remains proportionate and avoiding the duplication of subsidies for both production and use;
Amendment 293 #
2020/2242(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Stresses the importance of research, development and innovation in order to complete the integration of the energy system and also for renewable hydrogen along the whole value chain and of demonstration projects on an industrial scale in order to make clean hydrogen competitiveand throughout society; believes that involving citizens and SMEs and equipping users and workers with adequate knowledge about hydrogen are of the utmost importance;
Amendment 307 #
2020/2242(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Underlines that significant amounts of investment are needed to makedevelop renewable energy and clean hydrogen competitiveapacity, and that European programmes and financing instruments such as Horizon Europe, the Connecting Europe Facility, InvestEU and the ETS Innovation Fund have a key role in fostering a clean hydrogen economy; deeply deplores the Council’s cuts affecting these instruments; calls on the Commission to develop a coordinated investment strategy for renewable energy and clean hydrogen;
Amendment 321 #
2020/2242(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. WelcomNotes the European Clean Hydrogen Alliance and the Important Projects of Common European Interest (IPCEIs) as important means to enhance investment in clean hydrogen; encouragescalls on the Alliance to come up with an investment afocus solely on the development of renewable hydrogenda and a project pipeline that can ensure the implementation of the hydrogen goals set by the Commissionto open itself up more to renewable energy operators, the widest possible range of scientists and civil society stakeholders in general, in order to ensure the implementation of the legislative goals on renewable hydrogen, which should be set as soon as possible; welcomes the Commission’s plan to revise the State aid guidelines to include a framework to promote investment in renewable energy and clean hydrogen;
Amendment 327 #
2020/2242(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16a. Calls for the European Alliance to be equipped with a transparent decision- making procedure, led by the Commission and subject to checks, and for it to be supported by an independent body of scientific experts to define the transition pathways and provide guidance for hydrogen needs; calls for the Alliance to commit clearly to achieving the EU 2030 and 2050 climate targets and to ensure that it includes representatives of civil society (environmental NGOs, think tanks and social partners);
Amendment 339 #
2020/2242(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Stresses the work of the Fuel Cells and Hydrogen Joint Undertaking (FCH JU); calls for the launch of a joint undertaking for renewables and asks the Commission to use ithem as a competence centres for clean hydrogen;
Amendment 355 #
2020/2242(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Believes that the importing of clean hydrogen may become necessary to cater to European demandEuropean industry is at the forefront of technology in terms of electrolysers and other technologies linked to renewable energy and renewable hydrogen; calls on the Commissionstakeholders to establish mutually beneficial cooperation with neighbouring regionsand thus to ensure knowledge transfer and sustainable local development;
Amendment 373 #
2020/2242(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Is convinced that the EU should try to promote its standards on renewable hydrogen internationally and thus make renewable hydrogen a part of its international cooperation;
Amendment 379 #
2020/2242(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Underlines the need for an integrated energy system in order to achieve climate neutrality by 2050; believes that the integrationand stresses that the Paris Agreement sets the long-term objective of limiting the rise in the planet’s temperature to 1.5 °C above pre- industrial levels; believes that the integration of energy sectors and carriers as well as the coherent planning of the electricity, heat, gas and hydrogen grid is beneficial for a well-functioning hydrogen, taking into account alternative measures in energy efficiency and energy saving, as well as in line with climate targets, is beneficial for sustainability and the energy markettransition; welcomes the inclusion of hydrogen in the Commission’s Strategy for Energy System Integration; believes that clean hydrogen can play a key role in terms of energy storage to balance intermittent renewable energy supply and demand;
Amendment 385 #
2020/2242(INI)
Motion for a resolution
Paragraph 20 a (new)
Paragraph 20 a (new)
20a. Calls for more use be made of waste energy from industry, data centres and other processes, and for more emphasis to be placed on innovative projects combining the production and recovery of electricity, hydrogen and heat;
Amendment 3 #
2020/2167(DEC)
Draft opinion
Paragraph 1
Paragraph 1
1. Notes with deep concern the findings of the Court of Auditors’ (the Court) in its special report1 ; takes the view; deeply regrets that Frontex’s activities regarding the respect for and the protection of fundamental rights were not included in the scope of the audit; requests that any future special report by the Court on the Agency's activities should includes an analysis about Frontex’s activities regarding respect for and the protection of fundamental rights; _________________ 1 https://www.eca.europa.eu/Lists/ECADocu ments/SR21_08/SR_Frontex_EN.pdf
Amendment 11 #
2020/2167(DEC)
Draft opinion
Paragraph 2
Paragraph 2
2. Notes with regret the weaknesseshortcomings detected with respect to the Agency’s primary activities in support of the fight against irregular immigration and the fight against cross-border crime which are caused by an incomplete implemlisted by the Court, which are: situation monitoring, risk analysis, vulnerability assessment, joint operations and rapid border interventation of the 2016 mandate ands, return operations and Frontex's training; regrets the failure of the Agency to take the measures necessary to adapt its organisation to fully implement thate 2016 mandate; notes with concern that the Court identifies a significant risk that the Agency will struggle to carry out the mandate given to it by Regulation (EU) 2019/18962 ; acknowledges the gaps and inconsistencies of the information exchange network and further acknowledges the weaknesses in Member States’ implementation of Regulation (EU) No 1052/2013 establishing the European border surveillance system (EUROSUR)recalls that Frontex's budget skyrocketed from EUR 118 million in 2011 to EUR 460 million in 2020, and to an annual average of EUR 900 million for the 2021-2027 period; notes with concern that the Court identifies several risks related to Frontex's 2019 mandate2; acknowledges the gaps and inconsistencies of the information exchange network; _________________ 2Regulation (EU) 2019/1896 of the European Parliament and of the Council of 13 November 2019 on the European Border and Coast Guard and repealing Regulations (EU) No 1052/2013 and (EU) 2016/1624 (OJ L 295, 14.11.2019, p. 1).
Amendment 17 #
2020/2167(DEC)
Draft opinion
Paragraph 3
Paragraph 3
3. Is concerned that the Agency did not provide information about the performance, real impact orand cost of its activities, more particularly about the real cost of its joint operations, either aggregated or disaggregated by operation (maritime and aerial) and type of costs (e.g. human resources and light equipment, or heavy equipment), as well as the Member States’ actual contribution to the joint operations; notes that the Agency only presents costs based on estimates that can reveal significant differences; is disappointextremely concerned that the Agency’s operationalinsufficient reporting means that decision makers are not adequately informed;
Amendment 20 #
2020/2167(DEC)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. Underlines the Court's finding that Frontex has not attributed sufficient importance to the role of cultural mediator, who is required to understand cultural differences and the social norms of different cultures, while inspiring confidence in those who have recently arrived at the border;
Amendment 24 #
2020/2167(DEC)
Draft opinion
Paragraph 4
Paragraph 4
4. Welcomes the partial recruitment of the fundamental rights officer, who took office on 1 June 2021, and the appointment of 20 fundamental rights monitors; regrets that 15 of those appointments were made at AST level which is not in keeping with the Agency’s mandate under Regulation (EU) 2019/1896; reiterates that Regulation (EU) 2019/1896 provides for the recruitment of at least 40 fundamental rights monitors by 5 December 2020; insists thaturges the Agency to swiftly recruits the remaining 20 fundamental rights monitors and to does so in AD positions;
Amendment 28 #
2020/2167(DEC)
Draft opinion
Paragraph 5
Paragraph 5
5. UDeeply deplores that despite repeated calls of Parliament and a significant overall staff increase for the Agency, the Fundamental Rights Officer still lacks adequate human resources and is therefore clearly hampered to properly conduct the tasks that he is entrusted to; urges the Agency to provide its Fundamental Rights Officer with adequate resources and staff, in particular in relation to further developing and implementing the Agency’s strategy to monitor and ensure the protection of fundamental rights; urges the Agency’s management board to swiftly adopt the action plan to implement the updated fundamental rights strategy and improve the mechanisms for monitoring and reporting fundamental rights violations and complaints in the Agency; reminds the Agency of the importance of adhering to the Staff Regulations;
Amendment 33 #
2020/2167(DEC)
Draft opinion
Paragraph 6
Paragraph 6
6. Notes that the OLAF investigation into Frontex over allegations of harassment, misconduct and migrants pushbacks is still ongoing; notes also that the European Ombudsman’s inquiry with respect to the Agency’s complaints mechanismindependence, effectiveness and transparency of the complaints mechanism and the role of the Fundamental Rights Officer, case OI/5/2020/MHZ, was closed on 15 June 2021, finding, among other things, a regrettable lack of transparency; notes that according to the European Ombudsman, between 2016 and January 2021 the FRO had received 69 complaints of which 22 were admissible, and that this may be explained by the lack of awareness and understanding of the complaints mechanism, the fear of negative repercussions, coupled with the fact that it is not possible to submit anonymous complaints, the stressful situation in which potential victims find themselves, and the lack of engagement by Frontex deployed officers who could play a more active role in receiving and transmitting complaints to the FRO; takes note of the European Ombudsman recommendation to improve complaints handling and follow up and the accessibility of the complaints mechanism to potential victims; notes in addition that the Agency’s management board has closed its investigation on 13 incidents in the Aegean Sea; recalls that Parliament’s Frontex Scrutiny Working Group has not yet completed its, which was established to monitor and investigate the management and operations of Frontex, and is working on a report on the allegations of violations of fundamental rights by the Agency;
Amendment 37 #
2020/2167(DEC)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6 a. Recalls that the Progress Lawyers Network, Front-LEX and the Greek Helsinki Monitor have submitted a legal action against Frontex at the CJEU on behalf of two asylum seekers who had been victims of pushbacks operations during their attempts to seek protection in the EU; underlines that this is the first time that Frontex is being taken to the CJEU over human rights violations;
Amendment 39 #
2020/2167(DEC)
Draft opinion
Paragraph 7
Paragraph 7
7. Concludes that the increased competences and budget for the Agency need to be accompanied by a corresponding increase in accountability and transparency, as well as full respect for and protection of fundamental rights; stresses that discharge for the Agency is conditional on such accountability and, transparency and fundamental rights compliance, especially on the Agency's commitment to Union law; stresses in this context the need for a full clarification of the alleged violations of fundamental rights at the external borders and of the steps taken to avoid potential fundamental rights violations, including the measures to ensure non-repetition of such violations; deeply regrets the lack of impact assessments and evaluation before reform of the mandates of the Agency was proposed by the European Commission;
Amendment 20 #
2020/2045(INI)
Draft opinion
Recital B a (new)
Recital B a (new)
B a. Whereas Article 208 TFEU clearly states that the primary objective of Union development cooperation policy shall be the reduction and, in the long term, the eradication of poverty;
Amendment 23 #
2020/2045(INI)
Draft opinion
Recital B b (new)
Recital B b (new)
B b. Whereas recent reports by both the European Court of Auditors1a and civil society1b point out various shortcomings, including legal challenges, in the EU Trust Funds and the FRT, such as the failure to apply EU public procurement law, risks of conflicts of interests and opaque management; _________________ 1a European Court of Auditors, "European Union Trust Fund for Africa: flexible but lacking focus", 2018, pp. 17- 25. 1bDAVIS Laura (Dr), EU external expenditure on asylum, forced displacement and migration 2014-2019, European Council on Refugees and Exiles, 2021.
Amendment 31 #
2020/2045(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Deplores the fact that both the EUTF and the FRT are ad hoc instruments that were set up outside the EU budget, raising concerns over theirdeviate from the ordinary decision- making procedure and bypass parliamentary scrutiny and democratic oversight, therefore lack ofing transparency and democratic accountability; points out that their governance structures deviate from ordinary decision-making and bypass parliament scrutinystresses that detailed data on funding allocations are not available or hardly accessible;
Amendment 35 #
2020/2045(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. Is concerned that EU funds have been used as leverage to pressure partner governments to comply with the EU’s internal migration objectives including on return and readmission, in contradiction of Articles 208, 209 and 212 TFEU; deplores the use of development assistance for the implementation of informal agreements lacking parliamentary scrutiny and democratic oversight, including the EU-Turkey Statement of 18 March 2016, the EU- African Union Memorandum of Understanding on Peace, Security and Governance of 23 May2018 and the EU- Nigeria Memorandum of Understanding of 29 August 2019;
Amendment 37 #
2020/2045(INI)
Draft opinion
Paragraph 1 b (new)
Paragraph 1 b (new)
Amendment 45 #
2020/2045(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Is concerned in particular about the governance of the EUTF: the composition of its board and regional operational committees, the opacity of the process for defining and approving projects, the lack of dialogue with local and human rights CSOs, and the lack of ex ante and ongoing impact assessments onregarding targeted populations and countries, notably concerning fundamental rights;
Amendment 53 #
2020/2045(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Highlights that the EUTF is part of a trend of the securitisation and externalisation of EU border management aimed at reducing irregular migration to the EU; stresses the risks to development objectives and fundamental rights associated with this approach.; deplores the fact that 37% of the EUTF is allocated to measures intended to restrict and reduce migration while less than 9% is allocated to addressing the drivers of migration and forced displacement;
Amendment 62 #
2020/2045(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. Urges the Commission to take immediate steps to improve transparency and ensure parliamentary oversight of the definition, implementation and follow-up of the EUTF and the FRT, including any future measures to be adopted under Article 8(10) of the Neighbourhood, Development, International Cooperation Instrument (NDICI); insists on scaling up the accountability of the authorities directly entrusted with the managing of the funds;
Amendment 67 #
2020/2045(INI)
Draft opinion
Paragraph 3 b (new)
Paragraph 3 b (new)
3 b. Calls on the Commission and Member states to establish a complete and clear overview of the funds used to finance cooperation with third countries in the field of migration management across all financial instruments and their implementation, including information on the amount, objectives, purpose, eligible actions and source of funding, as well as detailed information on any other potential support measures provided by EU agencies such as the European Border and Coast Guard Agency, in order to ensure that the European Parliament can efficiently perform its institutional role of scrutiny of the implementation of the EU budget;
Amendment 72 #
2020/2045(INI)
Draft opinion
Paragraph 3 c (new)
Paragraph 3 c (new)
3 c. Stresses the need to clearly define the framework of the EUTF and the FRT, as well as their potential successors, including project definition, reporting, monitoring and evaluation, in order to ensure that actions funded under the EUTF and FRT contribute to the achievement of the specific objectives of such funds and are not used for any other purposes;
Amendment 73 #
2020/2045(INI)
Draft opinion
Paragraph 3 d (new)
Paragraph 3 d (new)
3 d. Highlights with concern the increasing recourse since 2016 to enhanced conditionality between development cooperation and migration management; stresses that the use of development cooperation as an incentive for migration management undermines meaningful action to address the needs of people in developing countries, the rights of refugees and migrants as well as their potential impact on regional migration patterns and contribution to local economies, and thus also undermines a wide range of rights stemming from the Sustainable Development Goals;
Amendment 75 #
2020/2045(INI)
Draft opinion
Paragraph 3 e (new)
Paragraph 3 e (new)
3 e. Notes with concern that through the ‘rapid response’ component of the NDICI, cooperation with third countries on migration management can be funded without the need for the Commission to publish any programming documents or consult civil society actors, and without the involvement of Parliament; insists in this regard on the need to ensure that the 2021-2027 Multiannual Financial Framework is accompanied by a robust human rights framework for the identification, implementation and monitoring of future migration cooperation programmes;
Amendment 77 #
2020/2045(INI)
Draft opinion
Paragraph 3 f (new)
Paragraph 3 f (new)
3 f. Stresses the importance of ensuring that a significant part of EU funding is earmarked for the implementation of human rights and international protection; calls in this regard for the allocation of a substantial share of future EU funding in the field of migration to civil society groups in third countries with the aim of providing assistance to migrants and for the protection and monitoring of their rights.
Amendment 1 #
2020/2043(INI)
Draft opinion
Paragraph -1 (new)
Paragraph -1 (new)
-1. Whereas the Article XX of the GATT allows WTO members to implement measures that are necessary to protect human, animal or plant life or health (b), or natural resources (g);
Amendment 1 #
2020/2043(INI)
Draft opinion
Paragraph -1 (new)
Paragraph -1 (new)
-1. Whereas the EU Member States grant many subsidies to the intensive industries through fiscal support, including tax breaks for energy use, and price and income support for energy intensive companies and processes1a; _________________ 1aCAN Europe, « European Fat Cats : EU energy intensive industrie : paid to pollute, not to decarbonise », April 2018
Amendment 2 #
2020/2043(INI)
Draft opinion
Paragraph -1 a (new)
Paragraph -1 a (new)
-1a. Whereas the Commission’s communication on the European Green Deal states that the carbon border adjustment mechanism “would be an alternative to the measures that address the risk of carbon leakage in the EU’s Emissions Trading System”;
Amendment 2 #
2020/2043(INI)
Draft opinion
Paragraph -1 a (new)
Paragraph -1 a (new)
-1 a. Whereas excess emission allowances that industry actors initially received leads to an unreasonable amount of windfall profits (over 25 billion euros during 2008- 2015)1b; _________________ 1bCAN Europe, « European Fat Cats : EU energy intensive industrie : paid to pollute, not to decarbonise », April 2018
Amendment 3 #
2020/2043(INI)
Draft opinion
Paragraph -1 b (new)
Paragraph -1 b (new)
-1b. Whereas recently published report by the European Court of Auditors concludes that the current free allocation system under the EU ETS is not providing an incentive for industries to decarbonise;
Amendment 3 #
2020/2043(INI)
Draft opinion
Paragraph -1 b (new)
Paragraph -1 b (new)
-1 b. Whereas intensive industries are responsible for a high proportion of the total energy consumed globally (37%) and the high proportion of air pollution produced, roughly a fifth of total greenhouse gas emissions;
Amendment 4 #
2020/2043(INI)
Draft opinion
Paragraph -1 c (new)
Paragraph -1 c (new)
-1c. Whereas scientific literature reviews show the absence of evidence that the EU ETS had widespread negative or positive effects on the competitiveness of regulated firms, nor is there evidence of significant carbon leakage1a ; _________________ 1aThe impact of the EU Emissions Trading System on competitiveness and carbon leakage: the econometric evidence https://www.tandfonline.com/doi/full/10.1 080/14693062.2018.1502145.
Amendment 4 #
2020/2043(INI)
Draft opinion
Paragraph -1 c (new)
Paragraph -1 c (new)
-1 c. Whereas air pollution has major consequences on health; causing each year 231,554 premature deaths in the EU due to air pollution, almost a quarter of which comes from energy intensive industry;
Amendment 5 #
2020/2043(INI)
Draft opinion
Paragraph -1 d (new)
Paragraph -1 d (new)
Amendment 8 #
2020/2043(INI)
1. Welcomes the Paris Agreement, and the Green Deal and the goal of achieving climate neutrality by 2050; notes the lack of international climate efforts; supports the achievement of climate neutrality by 2040 and the intermediate goal of reducing CO2 emissions by 65% by 2030; notes the lack of international mechanisms to ensure attainment of climate goals in line with the Paris Agreement; believes that an EU carbon border adjustment mechanism (‘the mechanism’) cshould incentivise international efforts to combat climate change, thereby creating a virtuous circle to combat climate change on an international level;
Amendment 17 #
2020/2043(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Emphasises that the main goal of the mechanism is to facilitate the achievement of carbon neutrality; underlines that the mechanism should enable European industry to contribute substantially to meeting the climate ambitions of the European Union;
Amendment 17 #
2020/2043(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Believes that the main aim of the carbon border adjustment mechanism (CBAM) should be to support the EU’s greenclimate objectives by fighting carbon leakageand to contribute to the achievement of climate neutrality as of 2040;
Amendment 20 #
2020/2043(INI)
Draft opinion
Paragraph 1 b (new)
Paragraph 1 b (new)
1b. Calls on the Commission to take into account the social dimension of the mechanism in its coming proposal; underlines the need to assess the risks of both intra and extra-EU industrial delocalisation and outsourcing that may be caused by an inadequately designed mechanism; stresses also the need to assess the impact of each options for consumers and end-users in order to ensure fair burden-sharing; favours an option that would ensure that the mechanism incentivises industries to engage in substantial efforts towards the decarbonisation of their manufacturing processes, while protecting them from unfair competition;
Amendment 26 #
2020/2043(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Underlines that widespread, robust and consistent international carbon pricing and fully competitive low-emission solutions wcould render the mechanism obsolete over time; stresses, therefore, that the EU needs to step up efforts in this respect;
Amendment 28 #
2020/2043(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. PropoCalls on the Commission to assess that the CBAM be implemented asall different options for the introduction of a carbon border adjustment mechanism, including, among others, an extension of the EU emissions trading system (EU ETS), which would require importers to purchase allowances for the volume of carbon emissions incorporated in their products; notes that the mechanism should ensure a single carbon price, both for domestic producers and importers;
Amendment 37 #
2020/2043(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. Calls on the Commission to conduct an in-depth impact assessment on the environmental and health-related impacts of the different forms of the mechanism; advises the Commission to take this environmental criterion as the leading factor in the choice of the form of the mechanism; calls on the Commission to make the results of the impact assessment publicly available as soon as possible, and before the publication of its legislative proposal;
Amendment 38 #
2020/2043(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Emphasises thatNotes that while in theory decentralised climate actions can lead to carbon leakage and a competitive disadvantage on international markets for the EU industry, in reality such effects did not occur in the EU1a; urges the Commission, therefore, to ensure fulla more targeted carbon-leakage protection and to consider the inclusion of export rebates in the mechanism;apply the carbon border adjustment mechanism as an alternative to the current measures against carbon leakage under the EU ETS; opposes any introduction of export rebates, which would undermine the incentives for exporting industries to reduce their climate impact; _________________ 1aThere is no evidence of carbon leakage having taken place due to climate policies such as the EU ETS, and ex-ante theoretical predictions have found a very limited risk in the future.
Amendment 47 #
2020/2043(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Urges that the proposed CBAM apply to all imports in order to avoid distortion in the internal marketfirst includes sectors with the highest share of carbon emissions before being enlarged over time; stresses that this should not lead to internal market distortions and should be conditional on immediate ending of free allowances and state aid for indirect cost compensation to these sectors;
Amendment 49 #
2020/2043(INI)
Draft opinion
Paragraph 3 b (new)
Paragraph 3 b (new)
Amendment 60 #
2020/2043(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Recommends that a design be introduced that measures the carbon content of imports through their basic materials composition (as outlined in the proposal from the Europeaas objectively and precisely as possible the carbon Economic and Social Committee); recalls that this feasible approximation would weigh each basic material covered by the EU ETS and multiply it by its carbon intensity value – which ideally should be defined at country level; stresses, however,tent of imports including the whole value-chain of products; stresses that importers who arconsider to be more carbon efficient than what is assessed should be allowed to demonstrate the specific carbon intensity of their products;
Amendment 61 #
2020/2043(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Suggests a progressive mechanism that first includes sectors with the highest riskshare of carbon leakageemissions before being enlarged over time; stresses that this should not lead to internal market distortions; and should be conditional on phasing out free allowances and state aid for indirect cost compensation to these sectors 2a; _________________ 2a CBAM should be an alternative to free allowances under the EU ETS and State Aid. In addition to being double subsidies to industry, it is also unclear and doubtful that both provisions (CBAM and free allowances) would be compatible with WTO rules.
Amendment 76 #
2020/2043(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. RequeInsists that the implementation of the CBAM should lead to the progressivimmediate phasing out of the free allocation of allowances, following an appropriate transition period, since the mechanism ensures that EU producers and importers would have to deal with the same carbon costs in the EU market; notes that this phasing out should be coupled in parallel with the introduction of export rebates in order to maintain strong decarbonisation incentives, while ensuring a level playing field for EU exportsopposes any introduction of export rebates, which would undermine the core objective of the mechanism, by reducing incentives for exporting industries to decrease their climate impact;
Amendment 87 #
2020/2043(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Calls for the inclusion of CBAM revenues into the EU budget; considers that these resources must be used for climate action both within and outside the EU; recommends that these resources could partly feed into the EU's contribution to the adaptation fund for developing countries created by the Paris Agreement in order to support the environmental transition in developing countries; underlines that such revenues should not be considered as permanent revenues because, if successful, the CBAM will not generate revenues anymore over time, as other countries will also price their carbon emissions in an equivalent way;
Amendment 89 #
2020/2043(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Underlines that the resources incurred by the mechanism are to be considered EU own resources; is convinced that these resources must be used for climate measures both within and outside the EU; suggests that these resources could partly feed into the EU's contribution to the adaptation fund for developing countries created by the Paris Agreement;
Amendment 103 #
2020/2043(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Calls on the Commission to conduct an in-depth impact assessment of differentn the environmental impacts of the different forms of possible mechanisms; and designs to incentivise international climate action and prevent carbon leakage before presenting advises the Commission to take the environmental criterion as the leading factor in the choice of the form of the mechanism; calls on the Commission to make the results of the impact assessment publicly available as soon as it is possible, and before the publication of its legislative proposal.;
Amendment 103 #
2020/2043(INI)
Draft opinion
Paragraph 8
Paragraph 8
8. Believes that the above proposala CBAM is compatible with World Trade Organization rules, sinceas long as it does not discriminate between producers, is based on objective criteria and has a clear environmental objective.fulfils its primary objective of protecting the environment and health;
Amendment 107 #
2020/2043(INI)
Draft opinion
Paragraph 8 a (new)
Paragraph 8 a (new)
8 a. Stresses that the implementation of the mechanism must be accompanied by the revision of the EU ETS, as well as the removal of all tax exemptions implemented at the national level on energy used by energy-intensive industries; calls therefore on the Commission to evaluate the different practices of Member States in terms of tax exemptions for energy intensive industries;
Amendment 108 #
2020/2043(INI)
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
Amendment 111 #
2020/2043(INI)
Draft opinion
Paragraph 8 b (new)
Paragraph 8 b (new)
8 b. Stresses that the implementation of the mechanism will need to be underpinned by a set of EU standards that would prevent it from being circumvented or misused;
Amendment 113 #
2020/2043(INI)
Draft opinion
Paragraph 8 c (new)
Paragraph 8 c (new)
8 c. Underlines that the CBAM and the EU ETS should not be seen as sufficient elements on their own to reduce carbon and GHG emissions; believes that the most efficient way to do so is by adopting binding norms and standards on products rather than relying upon a carbon market; therefore urges the Commission to make proposals in this direction as well, as a complement to a CBAM;
Amendment 118 #
2020/2043(INI)
Draft opinion
Paragraph 7 b (new)
Paragraph 7 b (new)
7b. Stresses that, regardless of its nature, the implementation of the mechanism will have to be accompanied by a set of standards that would prevent the mechanism from being bypassed and ensure its effective application;
Amendment 120 #
2020/2043(INI)
Draft opinion
Paragraph 7 c (new)
Paragraph 7 c (new)
7c. Underlines that there should be a clear and ambitious timeline for the implementation and evolution of the mechanism;
Amendment 168 #
2020/0279(COD)
Proposal for a regulation
Title 1
Title 1
Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on asylum and migration managementllocating responsibility and exercising solidarity for asylum and amending Council Directive (EC) 2003/109 and the proposed Regulation (EU) XXX/XXX [Asylum and Migration Fund] (Text with EEA relevance)
Amendment 184 #
2020/0279(COD)
Proposal for a regulation
Recital 2
Recital 2
(2) To this end, a comprehensive approach is required with the objective of reinforcing mutual trust between Member States which should bring together policy in the areas of asylum and migration management and towards relations with relev, ensuring the fair sharing of responsibility antd third countries, recognising that the effectiveness of such an approach depende full respect of the rights onf all components being jointly addressed and in an integrated mannersylum-seekers, refugees and migrants.
Amendment 192 #
2020/0279(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) This Regulation should contribute to that comprehensive approach by setting out a common framework for the actions of the Union and of the Member States in the field of asylum and migration management policies, by, by upholding and elaborating on the principle of solidarity and fair sharing of responsibility in accordance with Article 80 of the Treaty on the Functioning of the European Union (TFEU). Member States should therefore take all necessary measures, inter alia, to provide access to international protection and adequate reception conditions to those in need, to enable the effective application of the rules on determining the Member State responsible for examining an application for international protection, to return illegally staying third-country nationals, to prevent irregular migration and unauthorised movements between them, and to provide support to other Member States in the form of solidarity contributions, as their contribution to the comprehensive approach.
Amendment 198 #
2020/0279(COD)
Proposal for a regulation
Recital 4
Recital 4
Amendment 211 #
2020/0279(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) The common framework is needed in order to effectively address the increasing phenomenon of mixed arrivals of persons in need of international protection and those who are not and in recognition that the challenge of irregular arrivals of migrants in the Union should not have to be assumed by individual Member States alone, but by the Union as a whole. To ensure that Member States have the necessary tools to effectively manage this challenge in addition to applicants for international protection, irregular migrants should also fall within the scope of this Regulation. The scope of this Regulation should also include beneficiaries of international protection, resettled or admitted persons as well as persons granted immediate protectionrecognition that the responsibility for arrivals of migrants and asylum seekers in the Union should not have to be assumed by individual Member States alone, but by the Union as a whole.
Amendment 218 #
2020/0279(COD)
Proposal for a regulation
Recital 6
Recital 6
Amendment 226 #
2020/0279(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) Member States should have sufficient human and financial resources and infrastructure to effectively implement asylum and migration management policies and should ensure appropriate coordination between the relevant national authorities as well as with the national authorities of the other Member States.
Amendment 233 #
2020/0279(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) Taking a strategic approach, the Commission should adopt a 5- year European Asylum and Migration Management Strategy on the implementation of asylum and migration management policies. The Strategy should be based on relevant reports and analyses produced by Union agencies and on the national strategies of the Member States, and should have as its objectives the continuous strengthening of access to asylum and the improvement of reception conditions in the EU.
Amendment 250 #
2020/0279(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) Bearing in mind the importance of ensuring that the Union is prepared and able to adjust to the developing and evolving realities of asylum and migration management, the Commission should annually adopt a Migration Managementn Asylum Situation Report setting out the likely evolution of the migratoryasylum situation and the preparedness of the Union and the Member States to respond and adapt to it and assessing Member States’ compliance with relevant EU law. The Report should also include the results of the reporting on monitoring foreseen in the national strategies and should propose improvements where weaknesses are apparent.
Amendment 262 #
2020/0279(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) For the effective implementation of the common framework and to identify gaps, address challenges and prevent the building up of migratory pressurepressure on asylum and reception systems, the Commission should monitor and regularly report on the migratoryasylum situation.
Amendment 264 #
2020/0279(COD)
Proposal for a regulation
Recital 13 a (new)
Recital 13 a (new)
(13a) To ensure a smooth functioning of the relocation of applicants and beneficiaries under this Regulation, an EU Relocation Coordinator should be appointed by the Commission. The EU Relocation Coordinator should be tasked with monitoring and coordinating the operational aspects of relocations, should act as a central point of contact and information and should assist in solving conflicts arising between Member States in the implementation of this Regulation. The EU Relocation Coordinator should, in cooperation with the Commission and the Asylum Agency, also promote coherent working methods for the verification of any meaningful links persons eligible for relocation might have with Member States of relocation. The office of the Relocation Coordinator should be provided with sufficient staff and resources to effectively fulfil this role.
Amendment 269 #
2020/0279(COD)
Proposal for a regulation
Recital 14
Recital 14
Amendment 281 #
2020/0279(COD)
Proposal for a regulation
Recital 15
Recital 15
Amendment 293 #
2020/0279(COD)
Proposal for a regulation
Recital 16
Recital 16
(16) In order to ensure a fair sharing of responsibility and a balance of effort between Member States, a solidarity mechanism should be established which is effective and ensures that applicants have swift access to the procedures for granting international protection. Such a mechanism should provide for different types of solidarity measures and should be flexible and able to adapt to the evolving nature of the migratory challenges facing a Member Statefast, fair and efficient relocation. Relocation shall be mandatory following disembarkations after search and rescue operations as well as the arrival of applicants in a vulnerable situation and automatic in cases where no Member State can be identified as responsible in line with the criteria set out in Chapter II.
Amendment 308 #
2020/0279(COD)
Proposal for a regulation
Recital 17
Recital 17
(17) Given the need to ensure the smooth functioning of the solidarity mechanism established in this Regulation, a Solidarity Forum comprising the representatives of all Member States should be established and should be convened by the Commission and chaired by the Relocation Coordinator. To ensure effective decision-making, Member State representatives should be empowered to take decisions on behalf of Member States during Forum meetings.
Amendment 323 #
2020/0279(COD)
Proposal for a regulation
Recital 18
Recital 18
(18) Given the specific characteristics of disembarkations arising in the context of search and rescue operations conducted by Member States or private organisations whether under instruction from Member States or autonomously in the context of migration, this Regulation should provide for a specific process applicable to people disembarked following those operations irrespective of whether there is a situation of migratory pressurethe immediate relocation of persons in a vulnerable situation including people disembarked following those operations.
Amendment 332 #
2020/0279(COD)
Proposal for a regulation
Recital 19
Recital 19
(19) Given the recurring nature of disembarkations from search and rescue operations on the different migratory routes, the annual Migration ManagementThe annual Asylum Situation Report should set out the short- term projections of arrivals of persons in a vulnerable situation, including disembarkations anticipated for suchearch and rescue operations and the solidarity response that would be required to contribute to the needs of threspective Member States of disembarkation. The Commission should adopt an implementing act establishing a pool of solidarity measurrelocation places (‘the solidarity pool’) with the aim of assisting the Member State of disembarkation to address the challenges of such disembarkations. Such measures should comprise applicants for international protection that are not in the border procedure or measures in the field of strengthening of capacity in the field of asylum, reception and return, or operational support, or measures in the external dimensionfollowing such arrivals.
Amendment 343 #
2020/0279(COD)
Proposal for a regulation
Recital 20
Recital 20
(20) In order to provide a timely response to the specific situation following disembarkations from search and rescue operations, the CommissionThe EU Relocation Coordinator, with the assistance of Unionthe Asylum Agenciesy, should facilitate the swift relocation of eligible applicants for international protection who are not in the border procedure. Under the coordination of the CommissionEU Relocation Coordinator, the European Union Asylum Agency and the European Border and Coast Guard Agency should draw up the list of eligible persons to be relocated indicating the distribution of those persons among the contributing Member States.
Amendment 351 #
2020/0279(COD)
Proposal for a regulation
Recital 21
Recital 21
(21) Persons disembarked should be distributed in a proportionate manner among the Member Statesin a vulnerable situation including persons disembarked following search and rescue operations should be distributed in a proportionate manner among the Member States in a way that allows any meaningful links to a given Member State, or the applicant’s preferences when there are no such links, to be taken into account.
Amendment 363 #
2020/0279(COD)
Proposal for a regulation
Recital 22
Recital 22
(22) The overall contribution of each Member State to the solidarity pool should be determined through indications by Member States of the measures bynumber of relocation places which they wish to contribute. Where Member States contributions are insufficient to provide for a sustainable solidarity response the Commission should be empowered to adopt an implementing act setting out the total number of third- country nationals to be covered by relocation and the share of this number for each Member State calculated according to a distributionreference key based on the population and the GDP of each Member State. Where the ind, as well as the number of asylum applications fprom Member States to take measures in the field of capacity or the external dimensioncessed and the number of refugees admitted or resettled per capita. Where the indications from Member States would lead to a shortfall of greater than 320% of the total number of relocations identified in the Migration ManagementAsylum Situation Report, the Commission should be able to adjust the contributions of theose Member States which should then contribute half of their share identified according to the distribution key either by way or relocation, or when so indicated, through return sponsorshipose contributions fall short of their fair share.
Amendment 374 #
2020/0279(COD)
Proposal for a regulation
Recital 23
Recital 23
(23) In order to ensure that support measurrelocation places are available at all times to address the specific situation of persons in a vulnerable situation including after disembarkations from search and rescue operations, where the number of disembarkations following search and rescue operationarrivals have reached 80% of the solidarity pools for one or more of the benefitting Member States, the Commission should adopt amended implementing acts increasing the total number of contributions by 50%.
Amendment 377 #
2020/0279(COD)
Proposal for a regulation
Recital 24
Recital 24
Amendment 391 #
2020/0279(COD)
Proposal for a regulation
Recital 25
Recital 25
Amendment 403 #
2020/0279(COD)
Proposal for a regulation
Recital 26
Recital 26
Amendment 412 #
2020/0279(COD)
(27) The solidarity mechanism should include measures to promotensure a fair sharing of responsibility and a balance of effort between Member States also in the area of return. Through return sponsorship, a Member State should commit to support a Member State under migratory pressure in carrying out the necessary activities to return illegally staying third-country nationals, bearing in mind that the benefitting Member State remains responsible for carrying out the return while the individuals are present on its territory. Where such activities have been unsuccessful after a period of 8 months, the sponsoring Member States should transfer these persons in line with the procedures set out in this Regulation and apply Directive 2008/115/EC; if relevant, Member States may recognise the return decision issued by the benefitting Member State in application of Council Directive 2001/4039 . Return sponsorship should form part of the common EU system of returns, including operational support provided through the European Border and Coast Guard Agency and the application of the coordination mechanism to promote effective cooperation with third countries in the area of return and readmission. _________________ 39Council Directive 2001/40/EC of 28 May 2001 on the mutual recognition of decisions on the expulsion of third country nationals, OJ L 149, 2.6.2001, p. 34.
Amendment 433 #
2020/0279(COD)
Proposal for a regulation
Recital 28
Recital 28
(28) Member States should notify the type of solidarity contribunumber of relocations that they will undertake through the completion of a solidarity response plan. Where Member States are themselves benefitting Member States they should not be obliged to make solidarity contributions to other Member States. At the same time, where a Member State has incurred a heavy migratory burdenresponsibility in previous years, due to a high number of applications for international protection it should be possible for a Member State to request a reduction of its share of the solidarity contribution to Member States under migratory pressure where such contribution consists of relocation or return sponsorshipin need of assistance. That reduction should be shared proportionately among the other Member States taking such measures.
Amendment 434 #
2020/0279(COD)
Proposal for a regulation
Recital 28 a (new)
Recital 28 a (new)
(28a) When assessing whether the asylum system of a Member State is at risk of migratory pressure the Commission, based on detailed assessment, should take account of specific and measurable factors, including the number of asylum applicants, and the reception capacity of the Member State concerned.
Amendment 443 #
2020/0279(COD)
Proposal for a regulation
Recital 29
Recital 29
(29) Where the Migration Managementassessment by the Commission or the annual Asylum Situation Report identifies needs in a Member State under migratoryat risk of pressure in the field of capacity measures in asylum, reception and return or in the external dimension, contributing Member States should be able to make contributions to these needs instead of relocation or return sponsorship. In order to ensure that such contributions are in proportion to the share of the contributing and reception, support should immediately be provided to the Member State by the Commission should be able to increase or decrease of such contributions in the implementing act. Where the indications from Member States to take measures in the field of capacity or the external dimension would lead to a shortfall greater than 30% of the required number of persons to be relocated or subject to return sponsorship, the Commission should be able to adjust the contributions of these Member States in order to ensure that they contribute half of their share to relocation or return sponsorshiprelevant EU Agencies acting within their respective mandates and available EU funding should be used to its full potential.
Amendment 455 #
2020/0279(COD)
Proposal for a regulation
Recital 30
Recital 30
(30) In order to ensure a comprehensive and effective solidarity response and in order to give clarity to Member States receiving support, the Commission should adopt an implementing act specifying the number of contributions to be made by each Member State. Such contributions should always be based on the typenumber of contributions indicated by the Member State concerned in the solidarity response plan, except where that Member State failed to submit one. In such cases, the measures set out in the implementing act for the Member State concerned should be determined by the Commission.
Amendment 463 #
2020/0279(COD)
Proposal for a regulation
Recital 31
Recital 31
(31) A distributionreference key based on the size of the population and of the economy of the Member States as well as the number of asylum applications processed and refugees resettled or admitted per capita should be applied as a point of reference for the operation of the solidarity mechanism enabling the determination of the overall contribution of each Member State. In order to improve integration prospects, the mechanism should also take into account the preferences of applicants and any meaningful links to a given Member State. This reference key shall also be applied where no Member State can be identified as responsible for an asylum claim on the basis of the criteria set out in this Regulation. The Commission shall consult the Asylum Agency and, where appropriate, the EU Relocation Coordinator when setting up this mechanism.
Amendment 471 #
2020/0279(COD)
Proposal for a regulation
Recital 32
Recital 32
(32) A Member State should also be able to takerelocate applicants, at its own initiative or at the request of another Member State, other solidarity measures on a voluntary basis to assist that Member State in addressing the migratory situation or to prevent migratory pressure. Those contributions should include measures aimed at strengthening the capacity of the Member State under pressure or at responding to migratory trends through cooperation with third countries. In addition, such solidarity measures should include relocation of third-country nationals that are in the border procedure as well as illegally staying third-country nationalsorder to prevent pressure on its asylum system. In order to incentivise voluntary solidarity, where Member States make voluntary contributions in the form of relocation or return sponsorship, those contributions should be taken into account in the implementing act provided for in respect of situations of migratory pressurethe solidarity pool.
Amendment 478 #
2020/0279(COD)
Proposal for a regulation
Recital 33
Recital 33
(33) The Common European Asylum System (CEAS) has been built progressively as a common area of protection based on the full and inclusive application of the Geneva Convention Relating to the Status of Refugees of 28 July 1951, as supplemented by the New York Protocol of 31 January 1967 (‘the Geneva Convention’), thus ensuring that no person is sent back to persecution, in compliance with the principle of non- refoulement. In this respect, and without the responsibility criteria laid down in this Regulation being affected, Member States, alls long as respecting the principle of non- refoulement, armay be considered as safe countries for third-country nationals.
Amendment 485 #
2020/0279(COD)
Proposal for a regulation
Recital 34
Recital 34
(34) It is appropriate that a clear and workable method for determining the Member State responsible for the examination of an application for international protection should be included in the Common European Asylum System40 . That method should be based on objective, fair criteria both for the Member States and for the persons concerned. It should, in particular, make it possible to determine rapidly the Member State responsible, so as to guarantee effective access to the procedures for granting international protection and not to compromise the objective of the rapid and fair processing of applications for international protection. _________________ 40As set out by the European Council at its special meeting in Tampere on 15 and 16 October 1999.
Amendment 495 #
2020/0279(COD)
Proposal for a regulation
Recital 35
Recital 35
(35) This Regulation should be based on the principles underlying Regulation (EU) No 604/2013 of the European Parliament and of the Council41 while developing the principle of solidarity and fair sharing of responsibility as part of the common framework. To that end, a new solidarity mechanism should enable a strengthened preparedness of Member States to manage migration, to address situations where Member States are faced with migratory pressure and to facilitate regular solidarity support among Member States. _________________ 41Regulation (EU) No 604/2013 of the European Parliament and of the Council of 26 June 2013 establishing the criteria and mechanisms for determining the Member State responsible for examining an application for international protection lodged in one of the Member States by a third-country national or a stateless person, OJ L 180, 29.6.2013, p. 31.
Amendment 506 #
2020/0279(COD)
Proposal for a regulation
Recital 37
Recital 37
Amendment 513 #
2020/0279(COD)
Proposal for a regulation
Recital 38
Recital 38
(38) In order to limit unauthorised movements and to ensure that the Member States have the necessary tools to ensure transfers ofTo ensure effective solidarity between Member States, this Regulation should also apply to beneficiaries of international protection, who entered the territory of another Member State than the Member Stay have requested responsible without fulfilling the conditions of stay in that other Member State to the Member State responsible, and to ensure effective solidarity between Member States, this Regulation should also apply to beneficiaries of international protectionlocation in writing, and only following their written consent. Likewise, this Regulation should apply to persons resettled or admitted by a Member State in accordance with Regulation (EU) XXX/XXX [Union Resettlement Framework Regulation] or who are granted international protection or humanitarian status under a national resettlement scheme., where such persons have expressed the desire to be relocated in writing
Amendment 522 #
2020/0279(COD)
Proposal for a regulation
Recital 39
Recital 39
(39) At the same time, and gGiven the importance of facilitating the full integration of beneficiaries of international protection in the Member State of residence, the prospect of obtaining long- term resident status in a shorter period of time should be provided for. Beneficiaries of international protection should be able to obtain long- term resident status in the Member State which granted them international protection after three years of legal and continuous residence in that Member State. As regards other conditions to obtain the status, beneficiaries of international protection should be required to fulfil the same conditions as other third- country nationals. Council Directive 2003/109/EC42 should therefore be amended accordingly. _________________ 42Council Directive 2003/109/EC of 25 November 2003 concerning the status of third-country nationals who are long-term residents, OJ L 016, 23.1.2004, p. 44.
Amendment 527 #
2020/0279(COD)
(40) For reasons of efficiency and legal certainlty, it is essential that the Regulation is based on the principle that responsibility is determined only once, unless the person concerned has left the territory of the Member States in compliance with a return decision or removal order.
Amendment 529 #
2020/0279(COD)
Proposal for a regulation
Recital 41
Recital 41
(41) Directive XXX/XXX/EU [Reception Conditions Directive] of the European Parliament and of the Council43 should apply to theall procedure for the determination of the Member State responsible as regulated under this Regulation, subject to the limitations in the application of that Directive. _________________ 43 Directive XXX/XXX/EU (full text)
Amendment 534 #
2020/0279(COD)
Proposal for a regulation
Recital 43
Recital 43
(43) In accordance with the 1989 United Nations Convention on the Rights of the Child and with the Charter of Fundamental Rights of the European Union, the best interests of the child should be a primary consideration of Member States when applying this Regulation. In assessing the best interests of the child, Member States should, in particular carry out an individual assessment led by the relevant and independent child protection authorities, takeing due account of the minor’s well-being and social development, safety and security considerations in the short, medium and long term and the views of the minor in accordance with his or her age and maturity, including his or her individual circumstances and background. In addition, specific procedural guarantees for unaccompanied minors should be laid down on account of their particular vulnerability including the appointment of an independent guardian and access to free legal assistance.
Amendment 543 #
2020/0279(COD)
Proposal for a regulation
Recital 44
Recital 44
(44) In accordance with the European Convention for the Protection of Human Rights and Fundamental Freedoms and with the Charter of Fundamental Rights of the European Union, respect for family lifeprivate and family life, as well as for the principle of non-discrimination, should be a primary consideration of Member States when applying this Regulation.
Amendment 548 #
2020/0279(COD)
Proposal for a regulation
Recital 44 a (new)
Recital 44 a (new)
(44a) In applying this Regulation, Member States must respect their international obligations towards stateless persons, including under the Convention relating to the Status of Stateless Persons, signed in New York on 28 September 1954, and in accordance with other international human rights law instruments. Where necessary, the treatment of stateless persons should be distinguished from third-country nationals with due consideration to their particular protection needs.
Amendment 549 #
2020/0279(COD)
Proposal for a regulation
Recital 44 b (new)
Recital 44 b (new)
(44b) When no other Member State can be identified as responsible for an asylum application on the basis of the criteria set out in this Regulation, the applicants who lodged their applications in the determining Member State should be allocated to Member States which are below their share of applications on the basis of the reference key as applied to those Member States, taking into account the applicants’ preferences. After the transfer, the Member State of allocation should examine the application as the Member State responsible.
Amendment 553 #
2020/0279(COD)
Proposal for a regulation
Recital 45
Recital 45
(45) In order to prevent that persons who represent a security risk are transferred among the Member States, it is necessary to ensure that the Member State where an application is first registered does not apply the responsibility criteria or the benefitting Member State does not apply the relocation procedure where the screening regulated by [Screening Regulation] has shown that there are reasonable grounds to consider the person concerned a dangergenuine, present and sufficiently serious threat to national security or public order.
Amendment 560 #
2020/0279(COD)
Proposal for a regulation
Recital 46
Recital 46
(46) Family unity should be ensured in the application of this Regulation. The processing together of the applications for international protection of the members of one family by a single Member State should make it possible to ensure that the applications are examined thoroughly, the decisions taken in respect of them are consistent and the members of one family are not separated.
Amendment 567 #
2020/0279(COD)
Proposal for a regulation
Recital 47
Recital 47
(47) The definition of a family member in this Regulation should include the sibling or siblings of the applicant. Reuniting siblings is of particular importance for improving the chances of integration of applicants and hence reducing unauthoriseonward movements. The scope of the definition of family member should also reflect the reality of current migratory trends, according to which applicants often arrive to the territory of the Member States after a prolonged period of time in transit. The definition should therefore include families formed outside the country of origin, but before their arrival on the territory of the Member State. This limited and targeted enlargement of the scope of the definition is expected to reduce the incentive for some unauthorised movements of asylum seekers within the EU.
Amendment 575 #
2020/0279(COD)
Proposal for a regulation
Recital 48
Recital 48
(48) In order to ensure full respect for the principle of family unity and for the best interests of the child, the existence of a relationship of dependency between an applicant and his or her child, sibling or parent, including on account of the applicant’s pregnancy or maternity, state of health or old age, should be a binding responsibility criterion. When the applicant is an unaccompanied minor, the presence of a family member or relative on the territory of another Member State who can take care of him or her should also become a binding responsibility criterion. In order to discourage unauthorised movements of unaccompanied minors, which are not in their best interests, in the absence of a family member or a relative, the Member State responsible should be that where the unaccompanied minor’s application for international protection was first registered, unless it is demonstrated that this would not be in the best interests of the child as long as this is in the best interests of the minor. Before transferring an unaccompanied minor to another Member State, the transferring Member State should make sure thatobtain individual guarantees from that Member State that it will take all necessary and appropriate measures to ensure the adequate protection of the child, and. For unaccompanied minors, this includes in particular the prompt appointment of a representative or representativesguardian and legal adviser tasked with safeguarding respect for all the rights to which they are entitled. Any decision to transfer an unaccompanied as well as prompt access to free legal assistance. When considering or implementing the transfer of a child, States should promote and facilitate the continuity and stability of the support and assistance provided to a child. States should promote and facilitate transnational cooperation between these actors, including sharing of information about the child, with the informed consent of the child. Any decision on the responsibility for a minor should be preceded by an individual assessment of his or her best interests by staffa multidisciplinary team with the necessary qualifications and expertise and the participation of his or her guardian and legal adviser.
Amendment 584 #
2020/0279(COD)
Proposal for a regulation
Recital 49
Recital 49
(49) The rules on evidence should allow for a swifter family reunification than until now. It is therefore necessary to clarify that formal proof, such as original documentary evidence and DNA testing, should not be necessary in cases where the circumstantial evidence is coherent, verifiable and sufficiently detailed to establish responsibility for examining an application for internatto establish responsibility for examining an application for international protection. Member States’ authorities should consider all available evidence including photos, proof of contact and witness statements to make a fair appraisal of the relationship. The assessment of family links should not further impede the family reunional protectioncess.
Amendment 587 #
2020/0279(COD)
Proposal for a regulation
Recital 49 a (new)
Recital 49 a (new)
(49a) Member States should ensure that procedures are efficient and allow applicants to be promptly relocated to other Member States, when they are not responsible under this Regulation. With a view to avoiding costly and time- consuming secondary transfers and in order to provide an efficient access to family unity for applicants whilst not unduly overburdening frontline Member States a light procedure should be envisaged which would allow for the transfer of applicants that are likely to meet the relevant criteria for reunification with family members in a particular Member State.
Amendment 591 #
2020/0279(COD)
Proposal for a regulation
Recital 50 a (new)
Recital 50 a (new)
(50a) In order to prevent pressure on the asylum or reception system of the determining Member State, the light procedure should be expanded to cover all applicants likely to meet any of the criteria set out in this Regulation when the Commission has determined a risk of such pressure.
Amendment 598 #
2020/0279(COD)
Proposal for a regulation
Recital 51
Recital 51
(51) Considering that a Member State should remain responsible for a person who has irregularly entered its territory, it is also necessary to include the situation when the person enters the territory following a search and rescue operation. A derogation from this responsibility criterion should be laid down for the situation where a Member State has relocated persons having crossed the external border of another Member State irregularly or followingFollowing relocation, including after a search and rescue operation. In such a situation, the Member State of relocation should be responsibile if the person applies for international protection.
Amendment 608 #
2020/0279(COD)
Proposal for a regulation
Recital 53
Recital 53
(53) In order to ensure that the procedures set out in this Regulation are respected and to prevent obstacles to the efficient application of this Regulation, in particular in order to avoid absconding and unauthorised movements between Member States, it is necessary to establish clear obligations to be complied with by the Member State and the applicant in the context of the procedure, of which the or sheapplicant should be duly informed in a timely manner. Violation of those legal obligations should lead to appropriate and proportionate procedural consequences for the applicant and to appropriate and proportionate consequences in terms of his or her reception conditions. In line with the Charter of Fundamental Rights of the European Union, the Member State where such an applicant is present should in any case ensure that the immediate material needs of that person are coveredThe meaning of absconding should be strictly defined. Irregular entry, lack of an address or documents proving the identity of an applicant should not, per se, constitute criteria for determining an existence of a risk of absconding.
Amendment 623 #
2020/0279(COD)
Proposal for a regulation
Recital 54
Recital 54
(54) In order to limit the possibility for applicants’ behaviour to lead to the cessation or shift of respincrease applicants' understanding of the functioning of CEAS it is necessary to improve the provision of information sibility to another Member State, rules allowing for cessation or shift of responsibility where the person leaves the territory of the Member States for at least three months during examination of the application or absconds to evade a transfer to the Member State responsible for more than 18 mognificantly. Investing in the early provision of accessible information to applicants will greatly increase the likelihood that they will understand, accept and follow the procedures of this Regulation. In order to reduce the administrative requiremenths should be deleted. The shift of responsibility when the time limit for sending a take back notification has not been respected by the notifying Member State should also be removedand make effective use of common resources, the Asylum Agency should develop suitable information material, in close cooperation with the national authorities. The Asylum Agency should make full use of modern in forder to discourage circumventing the rules and obstruction of procedure. In situations where a person has entered a Member State irregularly without applying for asylum, the period after which the responsibility of that Member State ceases and another Member State where that person subsequently applies becomemation technologies when developing that material. In order to assist asylum seekers properly, the Asylum Agency should also develop audio-visual information material that can be used as a complement to written information material. The Asylum Agency should be responsible for maintaining a dedicated website with information on the functioning of the CEAS for applicants and potential applicants rdesponsible should be extended, to further incentivise persons to comply with the rules and apply in the first Member State of entry and hence limit unauthorised movements and increase the overall efficiency of the CEASigned to counter the often incorrect information provided to them by smugglers. The information material developed by the Asylum Agency should be translated and made available in all of the major languages spoken by asylum seekers arriving in the Union.
Amendment 626 #
2020/0279(COD)
Proposal for a regulation
Recital 54 a (new)
Recital 54 a (new)
(54a) Different categories of applicants have differing information needs and information will therefore have to be provided in different ways and be adapted to those needs. It is particularly important to ensure that minors have access to child-friendly information that is specific to their needs and situation. Providing accurate, high-quality information to both accompanied and unaccompanied minors in a child-friendly environment can play an essential part both in providing a good environment for the minor but also in order to identify cases of suspected trafficking in human beings.
Amendment 627 #
2020/0279(COD)
Proposal for a regulation
Recital 55
Recital 55
(55) A personal interview with the applicant should be organised in order to facilitate the determination of the Member State responsible for examining an application for international protection unless the applicant has absconded, has not attended the interview without justified reasons or the information provided by the applicant is sufficient for determining the Member State responsible and the applicant does not request to be heard. As soon as the application for international protection is registered, the applicant should be informed in particular of the application of this Regulation, the fact that the Member State responsible for examining his or her application for international protection is based on objective criteria, of his or her rights as well as of this or her obligations under this Regulation and of the consequences of not complying with them. The applicant should also be informed of the necessity of presenting all information which is necessary for correctly determining the Member State responsible, in particular the presence of family members or relatives in the Member States. The applicant should also be fully informed of his or her rights, including the right to an effective remedy and legal assistance. The information should be provided to the applicant in a language that he or she understands, in a concise and easily accessible form, using clear and plain language.
Amendment 630 #
2020/0279(COD)
Proposal for a regulation
Recital 55 a (new)
Recital 55 a (new)
(55a) The person conducting the personal interview should have received sufficient training to take account of the personal and general circumstances of the applicant, including their cultural origin, age, gender, sexual orientation, gender identity and vulnerability. Staff interviewing applicants should also have acquired general knowledge and possess awareness of issues which could adversely affect the applicant’s ability to be interviewed, such as indicators that the person may have been tortured in the past.
Amendment 632 #
2020/0279(COD)
Proposal for a regulation
Recital 56
Recital 56
(56) In order to guarantee effective protection of the rights of the persons concerned, legal safeguards and the right to an effective remedy in respect of decisions regarding transfers to the Member State responsible should be established, in accordance, in particular, with Article 47 of the Charter of Fundamental Rights of the European Union. In order to ensure that international law is respected, an effective remedy against such decisions should cover both the examination of the application of this Regulation and of the legal and factual situation in the Member State to which the applicant is transferred. The scope of the effective remedy should be limited to an assessment of whether applicants' fundamental rights to respect of family life, the rights of the child, or the prohibition of inhuman and degrading treatment risk to be infringed upon.
Amendment 638 #
2020/0279(COD)
Proposal for a regulation
Recital 57
Recital 57
(57) In order to facilitate the smooth application of this Regulation, Member States should in all cases indicate the Member State responsible in Eurodac after having concluded the procedures for determining the Member State responsible, including in cases where the responsibility results from the failure to respect the time limits for sending or replying to take charge requests, carrying a transfer, as well as in cases where the Member State of first application becomes responsible or it is impossible to carry out the transfer to the Member State primarily responsible due to a serious risk of fundamental rights violations for an individual applicant or systemic deficiencies resulting in a risk of inhuman or degrading treatment and subsequently another Member State is determined as responsible.
Amendment 643 #
2020/0279(COD)
(58) In order to ensure the speedy determination of responsibility, the deadlines for making and replying to requests to take charge, for making take back notifications, as well as for making and deciding on appeals, should be streamlined and shortened to the greatest extent possible, while respecting the fundamental rights of applicants. The transfer and relocation of applicants with specific reception or procedural needs should be prioritised.
Amendment 655 #
2020/0279(COD)
Proposal for a regulation
Recital 59
Recital 59
(59) The detention of applicants should only be applied in accordance with the underlying principle that a person should not be held in detention for the sole reason that he or she is seeking international protection. Detention should be for as short a period as possible and subject to the principles of necessity and proportionality thereby only being allowed as a measure of last resort. Detention of children, whether unaccompanied or with their families, is never in their best interests and should therefore be prohibited. In particular, the detention of applicants must be in accordance with Article 31 of the Geneva Convention and should fully respect the applicant’s fundamental rights. The procedures provided for under this Regulation in respect of a detained person should be applied as a matter of priority, within the shortest possible deadlines. As regards the general guarantees governing detention, as well as detention conditions, where appropriate, Member States should apply the provisions of Directive XXX/XXX/EU [Reception Conditions Directive] also to persons detained on the basis of this Regulation.
Amendment 669 #
2020/0279(COD)
Proposal for a regulation
Recital 63
Recital 63
(63) To support Member States who undertake relocation as a solidarity measure, financial support from the Union budget should be provided. In order to incentivise Member States to give priority to theimmediately relocation ofe unaccompanied minors, persons disembarked following search and rescue missions and other applicants in a vulnerable situation a higher incentive contribution should be provided.
Amendment 676 #
2020/0279(COD)
Proposal for a regulation
Recital 63 a (new)
Recital 63 a (new)
(63a) When proposing the amount of relocation contributions, Member States should take into account the relocation support offered by cities and regions, as relocation and integration relies mainly on the actors at local level; they are therefore key actors in the achievement of meaningful solidarity and successful relocation trajectories.
Amendment 677 #
2020/0279(COD)
Proposal for a regulation
Recital 63 b (new)
Recital 63 b (new)
(63b) Where Member States receive financial support for relocation, in particular in line with Article 72 (2) of this Regulation, they should ensure that the local and regional authorities supporting the relocation process benefit from this financial support. To that end, Member States should take measures to support these local and regional authorities, such as providing information, technical support, and reducing unnecessary administrative barriers.
Amendment 678 #
2020/0279(COD)
Proposal for a regulation
Recital 63 c (new)
Recital 63 c (new)
(63c) Considering the crucial role played by local and regional authorities in the field of relocation, Member States should ensure that those local authorities, which so wish, can participate in the relocation process.
Amendment 680 #
2020/0279(COD)
Proposal for a regulation
Recital 64
Recital 64
(64) The application of this Regulation can be facilitated, and its effectiveness increased, by bilateral arrangements between Member States for improving communication between competent departments, reducing time limits for procedures or and simplifying the processing of take charge requests or take back notifications, or establishing procedures for the performance of transfers.
Amendment 690 #
2020/0279(COD)
Proposal for a regulation
Recital 68
Recital 68
Amendment 694 #
2020/0279(COD)
Proposal for a regulation
Recital 69
Recital 69
(69) With respect to the treatment of persons falling within the scope of this Regulation, Member States are bound by their obligations under instruments of international law, including the relevant case-law of the Court of Justice of the European Union and the European Court of Human Rights.
Amendment 697 #
2020/0279(COD)
Proposal for a regulation
Recital 70 a (new)
Recital 70 a (new)
(70a) Information on applicants in the Union could potentially be of value for authorities in the third country from which the applicants have moved in order to seek international protection. Given the increased threat to Union information systems from third countries, Member States as well as the Union agencies responsible should take all proportionate and necessary measures to ensure that all personal data is stored in a secure way.
Amendment 702 #
2020/0279(COD)
Proposal for a regulation
Recital 72
Recital 72
(72) The examination procedure should be used for the adoption of a standard form for the exchange of relevant information on unaccompanied minors; of uniform conditions for the consultation and exchange of information on minors and dependent persons; of uniform conditions on the preparation and submission of take charge requests and take back notifications; of two lists of relevant elements of proof and circumstantial evidence, and the periodical revision thereof; of a laissez passerrequests; of uniform conditions for the consultation and exchange of information regarding transfers; of a standard form for the exchange of data before a transfer; of a common health certificate; of uniform conditions and practical arrangements for the exchange of information on a person’s health data before a transfer, and of secure electronic transmission channels for the transmission of requests.
Amendment 713 #
2020/0279(COD)
Proposal for a regulation
Recital 73
Recital 73
(73) The Commission should adopt immediately applicable implementing acts in duly justified imperative grounds of urgency due to the situation of migratory pressure present ina risk of pressure on the asylum or reception system of a Member States.
Amendment 715 #
2020/0279(COD)
Proposal for a regulation
Recital 74
Recital 74
(74) In order to provide for supplementary rules, the power to adopt acts in accordance with Article 290 of the TFEU should be delegated to the Commission in respect of the identification of family members or relatives of an unaccompanied minor; the criteria for establishing the existence of proven family links; the criteria for assessing the capacity of a relative to take care of an unaccompanied minor, including where family members, siblings or relatives of the unaccompanied minor stay in more than one Member State; the elements for assessing a dependency link; the criteria for assessing the capacity of a person to take care of a dependent personelements for assessing a dependency link and the elements to be taken into account in order to assess the inability to travel for a significant period of time. In exercising its powers to adopt delegated acts, the Commission shall not exceed the scope of the best interests of the child as provided for in this Regulation. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement on Better Law-Making of 13 April 2016. In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and Council receive all documents at the same time as Member States' experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts.
Amendment 720 #
2020/0279(COD)
Proposal for a regulation
Recital 77
Recital 77
(77) This Regulation respects the fundamental rights and observes the principles which are acknowledgguaranteed, in particular,EU and international law, including in the Charter of Fundamental Rights of the European Union. In particular, this Regulation seeks to ensure full observance of the right to asylum guaranteed by Article 18 of the Charter as well as the rights recognised under Articles 1, 4, 7, 24 and 47 thereof. This Regulation, with due respect for the rules of the Geneva Convention of 28 July 1951 and the Protocol of 31 January 1967 relating to the status of refugees. Member States should therefore be appliedy this Regulation accordingly.
Amendment 727 #
2020/0279(COD)
Proposal for a regulation
Recital 78
Recital 78
(78) Since the objective of this Regulation, namely the establishment of criteria and mechanisms for determining the Member State responsible for examining an application for international protection lodgregistered in one of the Member States by a third-country national or a stateless person, and the establishment of a solidarity mechanism to support Member States in addressing a situation of migratory pressureensure fast, fair, and efficient relocation, cannot be sufficiently achieved by the Member States and can therefore, by reason of the scale and effects of this Regulation, be better achieved at Union level, the Union may adopt measures in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union (TEU). In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve that objective.
Amendment 741 #
2020/0279(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point a
Article 1 – paragraph 1 – point a
(a) sets out a common framework for the management of asylum and migrationensuring access to asylum in the Union;
Amendment 759 #
2020/0279(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point b – point 1 (new)
Article 2 – paragraph 1 – point b – point 1 (new)
(1) 'stateless person’ shall have the meaning assigned to it in Article 1 of the Convention relating to the Status of Stateless Persons, signed in New York on 28 September 1954.
Amendment 763 #
2020/0279(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point c
Article 2 – paragraph 1 – point c
(c) ‘applicant’ means a third-country national or a stateless person who has made an application for international protection in respect of which a decision has not been taken, or has been taken and is either subject to or can still be subject to a remedy in the Member State concerned, irrespective of whether the applicant has a right to remain or is allowed to remain in accordance with Regulation (EU) XXX/XXX [Asylum Procedure Regulation], including a person who has been granted immediate protection pursuant to Regulation (EU) XXX/XXX [Regulation addressing situations of crisis and force majeure in the field of asylum and migration];
Amendment 779 #
2020/0279(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point g – introductory part
Article 2 – paragraph 1 – point g – introductory part
(g) ‘family members’ means, insofar as the family already existed before the applicant or the family member arrived on the territory of the Member States, the following members of the applicant’s or beneficiary's family who are present on the territory of the Member States:
Amendment 786 #
2020/0279(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point g – point i
Article 2 – paragraph 1 – point g – point i
(i) the spouse of the applicant or beneficiary of international protection or his or her unmarried partner in a stable relationship, where the law or practice of the country of origin or of the Member State concerned treats unmarried couples in a way comparable to married couples under its law relating to third-country nationals,
Amendment 789 #
2020/0279(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point g – point ii
Article 2 – paragraph 1 – point g – point ii
(ii) the minor children of couples referred to in the first indent or of the applicant, on condition that they are unmarried and and the adult children for whom they have charge, regardless of whether they were born in or out of wedlock or adopted as defined or recognised under national law, as well as the other children for whom they hold responsibility,
Amendment 798 #
2020/0279(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point g – point iii
Article 2 – paragraph 1 – point g – point iii
(iii) where the applicant is a minor and unmarried, the father, mother or another adult responsible for the applicant, whether by law or by the practice of the Member State where the adult is present,
Amendment 803 #
2020/0279(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point g – point iv
Article 2 – paragraph 1 – point g – point iv
(iv) where the beneficiary of international protection is a minor and unmarried, the father, mother or another adult responsible for him or her whether by law or by the practice of the Member State where the beneficiary is present,
Amendment 824 #
2020/0279(COD)
(k) ‘representativeguardian’ means a person or an organisation appointed by the competent bodies in order to assist and represent an unaccompanied minor in procedures provided for in this Regulation with a view to ensuring twith the necessary skills and expertise, including regarding the treatment and specific needs of minors, to represent, assist and act on behalf of an unaccompanied minor, as applicable, in order to safeguard his or her best interests of the child and exercising legal capacand general well-being and so that the unaccompanied minor can benefity forom the minor where necessaryrights and comply with the obligations under this Regulation;
Amendment 845 #
2020/0279(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point q
Article 2 – paragraph 1 – point q
(q) ‘risk of absconding’ means the proven existence of specific reasons and circumstances in an individual case, which are based on objective criteria defined by national lawfollowing an individual assessment based on objective and specific criteria in accordance with standards developed by the European Union Agency for Fundamental Rights and in line with national law, not including criteria of a general nature such as merely being an applicant within the meaning of Regulation (EU).../...[Procedures Regulation], or one’s nationality, to believe that an applicant who is subject to a transfer procedure may abscond;
Amendment 855 #
2020/0279(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point r
Article 2 – paragraph 1 – point r
(r) ‘benefitting Member State’ means the Member State benefitting from the solidarity measures in situations of migratory pressure or forrelocation including after the disembarkations following search and rescue operations as set out in Chapters I- III of Part IV of this Regulation;
Amendment 860 #
2020/0279(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point s
Article 2 – paragraph 1 – point s
(s) ‘contributing Member State’ means a Member State that contributes or is obliged to contribute to the solidarity measures torelocation from a benefitting Member State set out in Chapters I-III of Part IV of this Regulation;
Amendment 863 #
2020/0279(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point t
Article 2 – paragraph 1 – point t
Amendment 883 #
2020/0279(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point w
Article 2 – paragraph 1 – point w
(w) ‘migratory pressure’ means a situation where there is a large number of arrivals of third-country nationals or stateless persons, or a risk of such arrivals, including where this stems from arrivals following search and rescue operatirisk of pressure on the asylum or reception system’ means a situation where the capacity of a Member State’s asylum or reception system is nearing its limits, including where there is a likelihood of large number of arrivals of third-country nationals or stateless persons, as a result of the geographical location of a Member State and the specific developments in third countries which generate migratory movements that place a burdendisproportionate responsibility even on well-prepared asylum and reception systems and requires immediateswift action;
Amendment 899 #
2020/0279(COD)
Proposal for a regulation
Part II – title
Part II – title
II COMMON FRAMEWORK FOR ASYLUM AND MIGRATION MANAGEMENT
Amendment 902 #
2020/0279(COD)
Proposal for a regulation
Article 3 – title
Article 3 – title
Comprehensive approach to asylum and migration management
Amendment 910 #
2020/0279(COD)
Proposal for a regulation
Article 3 – paragraph 1 – introductory part
Article 3 – paragraph 1 – introductory part
The Union and the Member States shall take actions in the field of asylum and migration management on the basis ofon the basis of compliance with existing commitments under international and EU law and a comprehensive approach. That comprehensive approach shall address the entirety of the migratory routes that affect asylum and migration management and shall consist of the following components:
Amendment 919 #
2020/0279(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point a
Article 3 – paragraph 1 – point a
(a) mutually-beneficial partnerships and close cooperation with relevant third countries, including on particular on resettlement and other legal pathways for third-country nationals in need of international protection and for those otherwise admitted to reside legally in the Member States addressing the root causedrivers of irregular migration and forced displacement, supporting partners hosting large numbers of migrants and refugees in need of protection and building their capacities in border, asylum and migration management, preventing and combatting irregular migration and migrant smuggling, and enhancing cooperation on readmissreception capacity, and preventing and combatting smuggling, and human trafficking, in full respect of international law and the objectives set out in Article 21 TEU, as well as the Global Compact on Refugees and the Global Compact for Safe, Orderly and Regular Migration;
Amendment 929 #
2020/0279(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point c
Article 3 – paragraph 1 – point c
Amendment 937 #
2020/0279(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point d
Article 3 – paragraph 1 – point d
(d) effective management and prevencreation and expansion of safe routes to seek protection and the reduction of irregular and unsafe migration;
Amendment 948 #
2020/0279(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point e
Article 3 – paragraph 1 – point e
(e) effective management of the Union’s external borders, based on the European integrated border management which upholds fundamental rights including the right to seek asylum;
Amendment 957 #
2020/0279(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point g
Article 3 – paragraph 1 – point g
(g) access to procedures for granting and withdrawing international protection on Union territory and at Union borders, and recognition of third- country nationals or stateless persons as refugees or beneficiaries of subsidiary protection;
Amendment 974 #
2020/0279(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point i
Article 3 – paragraph 1 – point i
(i) access for applicants to adequate reception conditions in accordance with [Reception Conditions Directive];
Amendment 978 #
2020/0279(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point j
Article 3 – paragraph 1 – point j
Amendment 987 #
2020/0279(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point l
Article 3 – paragraph 1 – point l
Amendment 994 #
2020/0279(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point m
Article 3 – paragraph 1 – point m
(m) full deployment and use of the operational tools set up at Union level, notably the European Border and Coast Guard Agency, the Asylum Agency, EU- LISA and Europol, as well as large-scale Union Information Technology systemsof the Asylum Agency;
Amendment 1004 #
2020/0279(COD)
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
1. The Union and Member States shall ensure the coherence of asylum and migration management policies, including both the internal and external components of those policies.
Amendment 1013 #
2020/0279(COD)
2. The Union and Member States acting within their respective competencies shall be responsible for the implementation of the asylum and migration management policies.
Amendment 1017 #
2020/0279(COD)
Proposal for a regulation
Article 4 – paragraph 3
Article 4 – paragraph 3
3. Member States, with the support of Union Agencies, shall ensure that they have the capacity to effectively implement asylum and migration management policies, taking into account the comprehensive approach referred to in Article 3policies, in full compliance with their obligations under EU and international law, including with regard to fundamental rights, including the necessary human and financial resources and infrastructure.
Amendment 1027 #
2020/0279(COD)
Proposal for a regulation
Article 5 – paragraph 1 – introductory part
Article 5 – paragraph 1 – introductory part
1. In implementing their obligations, the Member States shall observe the principle of solidarity and fair sharing of responsibility and shall take into account the shared interest in the effective functioning of the Union’s asylum and migration management policies. Member States shall:
Amendment 1033 #
2020/0279(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point a
Article 5 – paragraph 1 – point a
(a) establish and maintain national asylum and migration management systems that provide access to international protection procedures, grant such protection to those who are in need and ensure the return of those who are illegally stayingprovide and invest in adequate reception, including measures to protect those with special reception needs;
Amendment 1043 #
2020/0279(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point b
Article 5 – paragraph 1 – point b
Amendment 1067 #
2020/0279(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point d
Article 5 – paragraph 1 – point d
(d) provide support to other Member States in the form ofthrough solidarity contributions oin the basis of needs set out in Chapters I-III of Part IVform of relocation;
Amendment 1072 #
2020/0279(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point e
Article 5 – paragraph 1 – point e
(e) take all reasonable and proportionate measures to impreovent and correct unauthorised movements between Member Statesinvest in adequate integration of beneficiaries of international protection.
Amendment 1079 #
2020/0279(COD)
2. Financial and operational support by the Union for the implementation of the obligations shall be provided in accordance with the Regulation (EU) XXX/XXX [Asylum and Migration Fund] and Regulation (EU) XXX/XXX [Integrated Border Management Fund].
Amendment 1084 #
2020/0279(COD)
Proposal for a regulation
Article 6 – title
Article 6 – title
Governance and monitoring of the migratoryasylum situation
Amendment 1090 #
2020/0279(COD)
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
1. The Commission shall adopt a 5- year European Asylum and Migration Management Strategy setting out the strategic approach to managing asylum and migrationensure access to asylum at Union level and on the implementation of asylum and migration management policies in accordance with the principles set out in this Part and in EU primary legislation and applicable international law. The Commission shall transmit the Strategy to the European Parliament and the Council.
Amendment 1094 #
2020/0279(COD)
Proposal for a regulation
Article 6 – paragraph 2 – introductory part
Article 6 – paragraph 2 – introductory part
2. The European Asylum and Migration Management Strategy shall take into account the following:
Amendment 1097 #
2020/0279(COD)
Proposal for a regulation
Article 6 – paragraph 2 – point a
Article 6 – paragraph 2 – point a
(a) the national strategies of the Member States referred to paragraph 3 of this Article, and their compliance with EU and international law;
Amendment 1101 #
2020/0279(COD)
Proposal for a regulation
Article 6 – paragraph 2 – point b
Article 6 – paragraph 2 – point b
(b) information gathered by the Commission under the Commission Recommendation No XXX on an EU Migration Preparedness and Crisis Management Mechanism hereinafter referred to as Migration Preparedness and Crisis Blueprint; the reports issued under that framework as well as the activities of the Migration Preparedness and Crisis Management Network; information gathered by the Commission and the EU Asylum Agency on the implementation of the asylum acquis;
Amendment 1113 #
2020/0279(COD)
Proposal for a regulation
Article 6 – paragraph 2 – point d a (new)
Article 6 – paragraph 2 – point d a (new)
(da) relevant reports and analyses from international organisations, NGOs and independent bodies
Amendment 1115 #
2020/0279(COD)
Proposal for a regulation
Article 6 – paragraph 2 – point d b (new)
Article 6 – paragraph 2 – point d b (new)
(db) the evolving jurisprudence of the Court of Justice of the European Union and the European Court of Human Rights
Amendment 1119 #
2020/0279(COD)
Proposal for a regulation
Article 6 – paragraph 3
Article 6 – paragraph 3
Amendment 1127 #
2020/0279(COD)
Proposal for a regulation
Article 6 – paragraph 4
Article 6 – paragraph 4
4. The Commission shall adopt a Migration Managementn Asylum Situation Report each year setting out the anticipated evolution of the migratoryasylum situation and the preparedness of the Union and the Member States, including any indications that the asylum or reception system of one or more Member States may be at risk of pressure or may become at risk of such pressure in the following 12 months. In the case of migratory flows generated by search and rescue operations, the Commission shall consult the concerned Member States and any organisations involved in such operations, and the Report shall set out the total number of projected disembarkations in the short term and the solidarity response that would be required to contribute to the needs of the Member States of disembarkation through relocation and through measures in the field of capacity building, operational support and measures in the field of the external dimension. The Report shall also indicate whether particular Member States are faced with capacity challenges due to the presence of unaccompanied minors and other third-country nationals who are in a vulnerable situation and include the results of the reporting on monitoring listed in paragraph 3 including the information gathered within the framework of the Migration Preparedness and Crisis Blueprint and propose improvements where appropriate. In case an assessment of pressure is subsequently carried out in one or more Member States in line with Article 50, the Asylum Situation Report shall be updated accordingly.
Amendment 1134 #
2020/0279(COD)
Proposal for a regulation
Article 6 – paragraph 5
Article 6 – paragraph 5
5. The Member States shall establish the national strategies by [one year after the entry into force of this Regulation] at the latest. The first European Asylum and Migration Management Strategy shall be adopted by [18 months after the entry into force of this Regulation] at the latest and the first Migration ManagementAsylum Situation Report shall be issued by [one year after the entry into force of this Regulation] at the latest.
Amendment 1136 #
2020/0279(COD)
Proposal for a regulation
Article 6 – paragraph 6
Article 6 – paragraph 6
6. The Commission shall monitor and provide information on the migratoryasylum situation through regular situational reports based on good quality data and information provided by Member States, the External Action Service, the Asylum Agency, the European Border and Coast Guard Agency, Europol and the Fundamental Rights Agency, international organisations, NGOs, and independent bodies and notably the information gathered within the framework of the Migration Preparedness and Crisis Blueprint and its Network.
Amendment 1141 #
2020/0279(COD)
Proposal for a regulation
Article 7
Article 7
Amendment 1172 #
2020/0279(COD)
Proposal for a regulation
Article 7 a (new)
Article 7 a (new)
Amendment 1188 #
2020/0279(COD)
Proposal for a regulation
Article 8 – paragraph 2
Article 8 – paragraph 2
2. Where no Member State responsible can be designated on the basis of the criteria listed in this Regulation, the first Member State in which the application for international protection was registered shall be responsible for examining itapplicant shall be automatically relocated in accordance with Article 23a.
Amendment 1196 #
2020/0279(COD)
Proposal for a regulation
Article 8 – paragraph 3 – introductory part
Article 8 – paragraph 3 – introductory part
3. Where it is impossible for a Member State to transfer an applicant to the Member State primarily designated as responsible because there are substantial grounds for believing that is a real risk of a serious violation of fundamental rights for the applicant or there are systemic flaws in the asylum procedure and in the reception conditions for applicants in that Member State, resulting in a risk of inhuman or degrading treatment within the meaning of Article 4 of the Charter of Fundamental Rights of the European Union, the determining Member State shall continue to examine the criteria set out in Chapter II of Part III in order to establish whether another Member State can be designated as responsible.
Amendment 1198 #
2020/0279(COD)
Proposal for a regulation
Article 8 – paragraph 3 – subparagraph 1
Article 8 – paragraph 3 – subparagraph 1
Amendment 1208 #
2020/0279(COD)
Proposal for a regulation
Article 8 – paragraph 4 – subparagraph 1
Article 8 – paragraph 4 – subparagraph 1
Amendment 1215 #
2020/0279(COD)
Proposal for a regulation
Article 8 – paragraph 4 – subparagraph 2
Article 8 – paragraph 4 – subparagraph 2
Where the security check carried out in accordance with Article 11 of Regulation (EU) XXX/XXX [Screening Regulation] or in accordance with the first and second subparagraphs of this paragraph shows that there are reasonable grounds to consider the applicant a dangergenuine, present and sufficiently serious threat to national security or public order of the Member State carrying out the security check, that Member State shall be the Member State responsible.
Amendment 1218 #
2020/0279(COD)
Proposal for a regulation
Article 8 – paragraph 5
Article 8 – paragraph 5
Amendment 1226 #
2020/0279(COD)
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. Where a third-country national or stateless person intends to make an application for international protection, the application shall be made and registered in the Member State of first in which that third- country national or stateless person is presentry.
Amendment 1236 #
2020/0279(COD)
Proposal for a regulation
Article 9 – paragraph 2 – introductory part
Article 9 – paragraph 2 – introductory part
2. By derogation from paragraph 1, wWhere a third-country national or stateless person who intends to make an application for international protection is in possession of a valid residence permit or a valid visavisa which has expired, the application shall be made and registered in the Member State that issued the residence permit or visawhere he or she is present.
Amendment 1243 #
2020/0279(COD)
Proposal for a regulation
Article 9 – paragraph 3
Article 9 – paragraph 3
3. The applicant shall fully cooperate with the competent authorities of the Member States in matters covered by this Regulation, in particular by submitting as soon as possible and at the latest during the interview referred to in Article 12, all the elements and information available to him or her relevant for determining the Member State responsible. Where the applicant is not in a position at the time of the interview to submit evidence to substantiate the elements and information provided, the competent authority mayshall set a time limit within the period referred to in Article 29(1) for submitting such evidencereasonable deadline for submitting such evidence taking into account the circumstances of the individual case and shall inform the applicant thereof. It shall be made possible that additional evidence is submitted after the take charge request is sent.
Amendment 1253 #
2020/0279(COD)
Proposal for a regulation
Article 9 – paragraph 5
Article 9 – paragraph 5
5. Where a transfer decision is notified to the applicant in accordance with Article 32(2) and Article 57(8)has become final, the applicant shall comply with that decision.
Amendment 1256 #
2020/0279(COD)
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
1. TheAn applicant shall not be entitled to the reception conditions set out in Articles 15 to 17 of Directive XXX/XXX/EU [Reception Conditions Directive] pursuant to Article 17a of that Directive sanctioned for entering any Member State other than the onMember State in which he or she is required to be present pursuant to Article 9(4) of this Regulation from the moment he or she has been notified of a decision to transfer him or her to the Member State responsible, provided that the applicant has been informed of that consequence pursuant to Article 8(2), point (b) of Regulation (EU) XXX/XXX [Screening Regulation]. This shall be without prejudice to the need to ensure a standard of living in accordance with Union law, including the Charter of Fundamental Rights of the European Union, and international obligationobliged to be present where Article 31 of the Geneva Convention applies.
Amendment 1264 #
2020/0279(COD)
Proposal for a regulation
Article 10 – paragraph 2
Article 10 – paragraph 2
2. Elements and information relevant for determining the Member State responsible submitted after expiry of the time limit referred to in Article 9(3) shall not be taken into account by the competent authorities, except for the application of the criteria on unaccompanied minors and family members or where non- compliance is the consequence of circumstances beyond the applicant’s control or can be objectively justified by the applicant. A Member State may decide at any time to take charge of the applicant, in order to bring together any family relations, on humanitarian grounds based in particular on family or cultural considerations as per Article 25 of this Regulation.
Amendment 1279 #
2020/0279(COD)
Proposal for a regulation
Article 11 – paragraph 1 – introductory part
Article 11 – paragraph 1 – introductory part
1. As soon as possible and at the latest when an application for international protection is registered in a Member State, its competent authorities shall inform the applicant of the application of this Regulation and of the obligations set out in Article 9 as well as the consequences of non-compliance set out in Article 10, and in particular:
Amendment 1282 #
2020/0279(COD)
Proposal for a regulation
Article 11 – paragraph 1 – point a
Article 11 – paragraph 1 – point a
(a) that the right to apply for international protection does not encompass a choice by the applicant in relation to either the Member State responsible for examining the application for international protection or the Member State of relocation, with the exception of the procedure referred to in Article 23b;
Amendment 1287 #
2020/0279(COD)
Proposal for a regulation
Article 11 – paragraph 1 – point b
Article 11 – paragraph 1 – point b
(b) of the objectives of this Regulation and the consequences of making another application in a different Member State as well as the consequences of leaving the Member State where he or she is required to be present pursuant to Article 9(4), in particular that the applicant shall only be entitled to the reception conditions as set out in Article 10(1);
Amendment 1293 #
2020/0279(COD)
Proposal for a regulation
Article 11 – paragraph 1 – point c
Article 11 – paragraph 1 – point c
(c) of the criteria and the procedures for determining the Member State responsible, the hierarchy of such criteria in the different steps of the procedure and their duration including the specific criteria applied and Member States requested to take charge or take back in the individual case;
Amendment 1297 #
2020/0279(COD)
Proposal for a regulation
Article 11 – paragraph 1 – point d
Article 11 – paragraph 1 – point d
(d) of the aim of theright to a personal interview pursuant to Article 12, the procedure and aim of the interview, the consequences of non-attendance and the obligation to submit and substantiate orally or through the provision of documents information as soon as possible in the procedure any relevant information that could help to establish the presence of family members, relatives or any other family relations in the Member States, including the means by which the applicant can submit such information, as well as any assistance that the Member State can offer with regard to the tracing of family members or relatives;
Amendment 1306 #
2020/0279(COD)
Proposal for a regulation
Article 11 – paragraph 1 – point e a (new)
Article 11 – paragraph 1 – point e a (new)
Amendment 1309 #
2020/0279(COD)
Proposal for a regulation
Article 11 – paragraph 1 – point e b (new)
Article 11 – paragraph 1 – point e b (new)
(eb) of the possibility for the applicant in the situation described in Article 23a to choose between the ten Member States with the lowest share of applicants pursuant to the reference key as referred to in Article 54;
Amendment 1314 #
2020/0279(COD)
Proposal for a regulation
Article 11 – paragraph 1 – point f
Article 11 – paragraph 1 – point f
(f) of the possibility to challenge a transfer decision within the time limit set out in Article 33(2) and of the fact that the scope of that challenge is limited as laid down inthe rejection of a take charge request, a transfer decision or the lack of a transfer decision, and of the right to an effective remedy before a court or tribunal in accordance with Article 33(1);
Amendment 1321 #
2020/0279(COD)
Proposal for a regulation
Article 11 – paragraph 1 – point g
Article 11 – paragraph 1 – point g
(g) of the right to be granted, on request, legal assistance free of charge where the person concerned cannot afford the costs involved;
Amendment 1327 #
2020/0279(COD)
Proposal for a regulation
Article 11 – paragraph 1 – point k
Article 11 – paragraph 1 – point k
(k) in the case of an unaccompanied minor, of the role and responsibilities of the representativeguardian and of the procedure to file complaints against a representativeguardian in confidence and safety and in full respect of the child's right to be heard in this respect;
Amendment 1341 #
2020/0279(COD)
Proposal for a regulation
Article 11 – paragraph 2 – introductory part
Article 11 – paragraph 2 – introductory part
2. The information referred to in paragraph 1 shall be provided in writing in a language that the applicant understands or is reasonably supposed to understand. Member States shall use the common information material drawn up in clear and plain language pursuant to paragraph 3 for that purpose.
Amendment 1345 #
2020/0279(COD)
Proposal for a regulation
Article 11 – paragraph 2 – subparagraph 1
Article 11 – paragraph 2 – subparagraph 1
Amendment 1359 #
2020/0279(COD)
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
1. In order to facilitate the process of determining the Member State responsible, the determining Member State shall conduct a personal interview with the applicant. The interview shall also allow the proper understanding of the information supplied to the applicant in accordance with Article 11 before submitting a take charge or take back request. The applicant shall be entitled to request free legal assistance prior to the interview. The interview shall also allow the proper understanding of the information supplied to the applicant in accordance with Article 11.The determining Member State shall proactively ask questions on all aspects of the claim that would allow for the determination of the Member State responsible, as well as aspects that would preclude the transfer of an applicant due to a risk of human rights violations in line with Article 8(3).
Amendment 1365 #
2020/0279(COD)
Proposal for a regulation
Article 12 – paragraph 2 – point a
Article 12 – paragraph 2 – point a
(a) the applicant has absconded and is not available to the authorities;
Amendment 1367 #
2020/0279(COD)
Proposal for a regulation
Article 12 – paragraph 2 – point b
Article 12 – paragraph 2 – point b
(b) the applicant has not attended the personal interview and has not, upon request, provided justified reasons for his or her absence;
Amendment 1369 #
2020/0279(COD)
Proposal for a regulation
Article 12 – paragraph 2 – point c
Article 12 – paragraph 2 – point c
(c) after having received the information referred to in Article 11, the applicant has already provided the information relevant to determine the Member State responsible by other means and does not request to be heard. The Member State omitting the interview shall give the applicant the opportunity to present all further information which is relevant to correctly determine the Member State responsible within the period referred to in Article 29(1).
Amendment 1371 #
2020/0279(COD)
Proposal for a regulation
Article 12 – paragraph 3
Article 12 – paragraph 3
3. The personal interview shall take place in a timely manner and, in any event, before any take charge request is made pursuant to Article 29 or a take back request is made pursuant to Article 31.
Amendment 1381 #
2020/0279(COD)
Proposal for a regulation
Article 12 – paragraph 4
Article 12 – paragraph 4
4. The personal interview shall be conducted in a language that the applicant understands or is reasonably supposed to understand and in which he or she is able to communicate. Interviews of unaccompanied minors shall be conducted in a child-friendly manner, by staff who are appropriately trained and qualified under national law, in the presence of the representativeguardian and, where applicable, the minor’s legal advisor. Where necessary, Member States shall have recourse to an interpreter, and where appropriate a cultural mediator, who is able to ensure appropriate communication between the applicant and the person conducting the personal interview. The applicant may request to be interviewed and assisted by staff of the same sex.
Amendment 1392 #
2020/0279(COD)
Proposal for a regulation
Article 12 – paragraph 6
Article 12 – paragraph 6
6. The Member State conducting the personal interview shall make a written summary thereof which shall contain at least the main information supplied by the applicant at the interview. The summary may either take the form of a report or a standard formmain elements to be included in the summary shall, by the end of the interview, be verified by the applicant, and, where relevant, by the guardian and/or legal adviser. This summary shall take the form of a report. The Member State shall make an audio recording of the interview. The Member State shall ensure that the applicant and/or the legal advisor or other counselloguardian, as well as the legal adviser who is representing the applicant have timely access to the summary. as soon as possible after the interview, and in any event before a transfer decision is taken.
Amendment 1406 #
2020/0279(COD)
Proposal for a regulation
Article 13 – paragraph 2 – introductory part
Article 13 – paragraph 2 – introductory part
2. Each Member State where an unaccompanied minor is present shall ensure that he or she iss shall ensure that unaccompanied children are represented and assisted by a representativeguardian and a legal adviser with respect to the relevant procedures provided for in this Regulation. These representatives shall have the resources, qualifications, training and expertise to ensure that the best interests of the minor are taken into consideration during the procedures carried out under this Regulation. Such representative shall have access to the content of the relevant documents in the applicant’s file including the specific information material for unaccompanied minors, and shall inform the child accordingly about the procedure.
Amendment 1410 #
2020/0279(COD)
Proposal for a regulation
Article 13 – paragraph 2 – subparagraph 1
Article 13 – paragraph 2 – subparagraph 1
Where an organisation is appointed as a representativeguardian, it shall designate a person responsible for carrying out its duties in respect of the minor. The first subparagraph shall apply to that person.
Amendment 1415 #
2020/0279(COD)
Proposal for a regulation
Article 13 – paragraph 2 – subparagraph 2
Article 13 – paragraph 2 – subparagraph 2
The representativeguardian provided for in the first subparagraph may be the same person or organisation as provided for in Article 22 of Regulation (EU) XXX/XXX [Asylum Procedure Regulation].
Amendment 1421 #
2020/0279(COD)
Proposal for a regulation
Article 13 – paragraph 3
Article 13 – paragraph 3
3. The representativeguardian of an unaccompanied minor shall be involved in the process of establishing the Member State responsible under this Regulation. The representativeguardian shall assist the unaccompanied minor to provide information relevant to the assessment of his or her best interests in accordance with paragraph 4, including the exercise of the right to be heard, and shall support his or her engagement with other actors, such as family tracing organisations, where appropriate for that purpose.
Amendment 1423 #
2020/0279(COD)
Proposal for a regulation
Article 13 – paragraph 4 – introductory part
Article 13 – paragraph 4 – introductory part
4. In assessing the best interests of the child, Member States shall closely cooperate with each other and shall, in particular, take due account of the following factorsnon-exhaustive list of factors and rights of the child:
Amendment 1428 #
2020/0279(COD)
Proposal for a regulation
Article 13 – paragraph 4 – point a
Article 13 – paragraph 4 – point a
(a) the preservation of family life, including family reunification possibilities;
Amendment 1434 #
2020/0279(COD)
Proposal for a regulation
Article 13 – paragraph 4 – point b
Article 13 – paragraph 4 – point b
(b) the minor’s well-being and social development in the short, medium and long term, taking into particular consideration the minor’s backgroundethnic, religious, cultural and linguistic background and further having regard to the need for stability and continuity in care and custodial arrangements and access to health and education services;
Amendment 1446 #
2020/0279(COD)
Proposal for a regulation
Article 13 – paragraph 4 – point c
Article 13 – paragraph 4 – point c
(c) safety and security considerations, in particular where there is a risk of the minor being a victim of any form of violence and exploitation, including trafficking in human beings or violence within the family;
Amendment 1463 #
2020/0279(COD)
Proposal for a regulation
Article 13 – paragraph 4 – point e
Article 13 – paragraph 4 – point e
(e) where the applicant is an unaccompanied minor, the information provided by the representativeguardian in the Member State where the unaccompanied minor is present.
Amendment 1473 #
2020/0279(COD)
Proposal for a regulation
Article 13 – paragraph 5
Article 13 – paragraph 5
5. Before transferring an unaccompanied minor to the Member State responsible or, where applicable, to the Member State of relocation, the transferring Member State shall obtain individualised guarantees to make sure that the Member State responsible or the Member State of relocation takes the measures referred to in Articles 14 and 23 of Directive XXX/XXX/EU [Reception Conditions Directive] and Article 22 of Regulation (EU) XXX/XXX [Asylum Procedure Regulation] without delay. Any decision to transfer an unaccompanied minor shall be preceded by an individual assessment of his/her best interests. The assessment shall be based on the factors listed in paragraph 4 and the conclusions of the assessment on these factors shall be clearly stated in the transfer decision. The assessment shall be done swiftly by staff with the qualifications and expertise to ensure that the best interests of the minor are taken into consideration.
Amendment 1477 #
2020/0279(COD)
Proposal for a regulation
Article 13 – paragraph 6 – introductory part
Article 13 – paragraph 6 – introductory part
6. For the purpose of applying Article 15, the Member State where thean unaccompanied minor’s application for international protection was registered shall, as soon as possible, take appropriate action to identify the family members or relatives of the unaccompanied minor on the territory of Member States, whilst protecting the best interests of the child.
Amendment 1481 #
2020/0279(COD)
Proposal for a regulation
Article 13 – paragraph 6 – subparagraph 1
Article 13 – paragraph 6 – subparagraph 1
To that end, that Member State may call for the assistance of international or other relevant organisations, and may facilitate the minor’s access to the tracing services of such organisations, as soon as possible after an application for international protection is made, whilst protecting his or her best interests. In cases where there may be a threat to the life or integrity of the minor or his or her close relatives, particularly if they have remained in the country of origin, care must be taken to ensure that the collection, processing and circulation of information concerning those persons is undertaken on a confidential basis, so as to avoid jeopardising their safety.
Amendment 1487 #
2020/0279(COD)
Proposal for a regulation
Article 13 – paragraph 6 – subparagraph 2
Article 13 – paragraph 6 – subparagraph 2
The staff of the competent authorities referred to in Article 41 who deal with requests concerning unaccompanied minors shall have received, and shall continue to receive, appropriate training concerning the specific needs of minors.
Amendment 1488 #
2020/0279(COD)
Proposal for a regulation
Article 13 – paragraph 7
Article 13 – paragraph 7
7. With a view to facilitating the appropriate action to identify the family members or relatives of the unaccompanied minor living in the territory of another Member State pursuant to paragraph 6, the Commission shall adoptis empowered to adopt delegated acts in accordance with Article 68 concerning: (a) the identification of family members or relatives; (b) the criteria for establishing the existence of proven family links. The Commission shall, by means of implementing acts including, establish a standard form for the exchange of relevant information between Member States. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 67(2).
Amendment 1516 #
2020/0279(COD)
Proposal for a regulation
Article 15 – paragraph 5
Article 15 – paragraph 5
5. In the absence of a family member or a relative as referred to in paragraphs 2 and 3, the Member State responsible shall be that where the unaccompanied minor’s application for international protection was first registered is present, unless it is demonstrated that this is not in the best interests of the minor.
Amendment 1525 #
2020/0279(COD)
Proposal for a regulation
Article 15 – paragraph 6 – point c
Article 15 – paragraph 6 – point c
Amendment 1527 #
2020/0279(COD)
Proposal for a regulation
Article 15 – paragraph 6 – subparagraph 1
Article 15 – paragraph 6 – subparagraph 1
In exercising its powers to adopt delegated acts, the Commission shall not exceed the scope of the best interests of the child as provided for under Article 13(4) and shall consult experts in the field of the rights of the child.
Amendment 1530 #
2020/0279(COD)
Proposal for a regulation
Article 15 – paragraph 7
Article 15 – paragraph 7
7. The Commission shall, by means of implementing acts, establish uniform conditions for the consultation and the exchange of information between Member States. The implementing acts shall promote the ability of the guardian and legal assistance provider to seek assistance in another State so as to gain information about the circumstances of reception and care arrangements in the other country or family reunion possibilities. The implementing acts shall also promote and facilitate cooperation between guardians and legal assistance providers between States in the event a transfer of an unaccompanied child is being contemplated or implemented, including providing for sharing of information about the child, with the informed consent of the child. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 67(2).
Amendment 1566 #
2020/0279(COD)
Proposal for a regulation
Article 21
Article 21
Amendment 1586 #
2020/0279(COD)
Proposal for a regulation
Article 22 – paragraph 1
Article 22 – paragraph 1
If a third-country national or a stateless person enters into the territory of the Member States through a Member State in which the need for him or her to have a visa is waived, that Member State shall be responsible for examining his or her application for international protection. That responsibility shall cease if the application is registered more than threone years after the date on which the person entered the territory.
Amendment 1591 #
2020/0279(COD)
Proposal for a regulation
Article 23 a (new)
Article 23 a (new)
Article 23 a Automatic relocation Where it is not possible to determine the Member State responsible in accordance with the criteria in this Chapter, the Member State responsible shall be identified from among the ten Member States with the lowest numbers of applicants relative to their share pursuant to the reference key referred to in Article 54, and shall be determined through the procedure outlined in 23b of this Regulation.
Amendment 1593 #
2020/0279(COD)
Proposal for a regulation
Article 23 b (new)
Article 23 b (new)
Article 23 b Application of the reference key 1a. Where the Member State responsible cannot be determined in accordance with the criteria set out in Chapter II, the determining Member State shall communicate to the applicant that his or her application for international protection will be examined by a Member State of allocation. 1b. On the basis of the reference key referred to in Article 54, a list of ten Member States with the lowest number of applicants relative to their share pursuant to that reference key shall be determined. 1c. The determining Member State shall communicate the list referred to in paragraph 1b, together with information about the Member States on that list, to the applicant. Within five days of that communication the applicant shall be given the opportunity to select three Member States of allocation in order of preference among the Member States included in the list. If the applicant does not select a Member State in accordance with the first subparagraph of this paragraph, the determining Member State shall allocate the applicant to the Member State on the list with the lowest number of applicants relative to their share pursuant to the reference key referred to in Article 54 when the list was compiled in accordance with paragraph 1b of this Article.
Amendment 1594 #
2020/0279(COD)
Proposal for a regulation
Article 23 c (new)
Article 23 c (new)
Article 23 c Commission delegated acts for the automated mechanism The Commission is empowered to adopt delegated acts in accordance with Article 68 concerning the methods for automatically applying: (a) the reference key in Article 54, and (b) the procedure in Article 23b. In exercising its powers to adopt delegated acts, the Commission shall consult the Asylum Agency. The Commission shall also consult the EU Relocation Coordinator with regard to the application of these Articles to Part IV of this Regulation.
Amendment 1595 #
2020/0279(COD)
Proposal for a regulation
Part III – Chapter III – title
Part III – Chapter III – title
III DEPENDENT PERSONS AND, DISCRETIONARY CLAUSES AND LIGHT PROCEDURES
Amendment 1599 #
2020/0279(COD)
1. Where, on account of pregnancy, having a new-born child, serious illness, severe disability, severe trauma or old age, an applicant is dependent on the assistance of his or her childspouse, child, sibling or parent legally resident in one of the Member States, or his or her childspouse, child, sibling or parent legally resident in one of the Member States is dependent on the assistance of the applicant, Member States shall normally keep or bring together the applicant with that childspouse, child, sibling or parent, provided that family ties existed before the applicant arrived on the territory of the Member States, that the childspouse, child, sibling or parent or the applicant is able to take care of the dependent person and that having been informed of this possibility, the persons concerned expressed their desire in writing.
Amendment 1601 #
2020/0279(COD)
Proposal for a regulation
Article 24 – paragraph 1 – subparagraph 1
Article 24 – paragraph 1 – subparagraph 1
Where there are indications that a childspouse, child, sibling or parent is legally resident on the territory of the Member State where the dependent person is present, that Member State shall verify whether the childspouse, child, sibling or parent can take care of the dependent person, before making a take charge request pursuant to Article 29.
Amendment 1604 #
2020/0279(COD)
Proposal for a regulation
Article 24 – paragraph 2
Article 24 – paragraph 2
2. Where the childspouse, child, sibling or parent referred to in paragraph 1 is legally resident in a Member State other than the one where the applicant is present, the Member State responsible shall be the one where the childspouse, child, sibling or parent is legally resident unless the applicant’s health prevents him or her from travelling to that Member State for a significant period of time. In such a case, the Member State responsible shall be the one where the applicant is present. Such Member State shall not be subject to the obligation to bring the child or parent of the applicant to its territory.
Amendment 1609 #
2020/0279(COD)
Proposal for a regulation
Article 24 – paragraph 3 – point c
Article 24 – paragraph 3 – point c
Amendment 1610 #
2020/0279(COD)
Proposal for a regulation
Article 24 – paragraph 3 – subparagraph 1 (new)
Article 24 – paragraph 3 – subparagraph 1 (new)
In exercising its powers to adopt delegated acts, the Commission shall consult experts in the field of the rights of the child, medicine and social welfare.
Amendment 1627 #
2020/0279(COD)
Proposal for a regulation
Article 25 a (new)
Article 25 a (new)
Amendment 1630 #
2020/0279(COD)
Proposal for a regulation
Article 25 b (new)
Article 25 b (new)
Amendment 1639 #
2020/0279(COD)
Proposal for a regulation
Article 26 – paragraph 1 – point b
Article 26 – paragraph 1 – point b
(b) take back, under the conditions laid down in Articles 31 and 35 of this Regulation, an applicant or a third-country national or a stateless person in relation to whom that Member State has been indicated as the Member State responsible under Article 11(1) of Regulation (EU) XXX/XXX [Eurodac Regulation];
Amendment 1641 #
2020/0279(COD)
Proposal for a regulation
Article 26 – paragraph 1 – point c
Article 26 – paragraph 1 – point c
Amendment 1650 #
2020/0279(COD)
Proposal for a regulation
Article 26 – paragraph 1 – point d
Article 26 – paragraph 1 – point d
Amendment 1662 #
2020/0279(COD)
Proposal for a regulation
Article 27 – paragraph 2 – introductory part
Article 27 – paragraph 2 – introductory part
2. The obligation laid downs specified in Article 26(1), point (b), of this Regulation to take back a third-country national or a stateless person shall cease where it can be established, on the basis of the update of the data set referred to in Article 11(2)(c) of Regulation (EU) XXX/XXX [Eurodac Regulation], that the person concerned has left the territory of the Member States, on either a compulsory shall cease where the Member State responsible can establish, when requested to take charge of or take back an applicant as referred to in Article 26, that the person concerned has left the territory of the Member States for at least three months, unless the person concerned is in possession orf a voluntary basis, in compliance with a return decisalid residence document issued by the Member State responsible. An application registered after the periond or removal order issued followf absence referred to ing the withdrawal or rejection of the applicationfirst subparagraph shall be regarded as a new application giving rise to a new procedure for determining the Member State responsible.
Amendment 1664 #
2020/0279(COD)
Proposal for a regulation
Article 27 – paragraph 2 – subparagraph 1
Article 27 – paragraph 2 – subparagraph 1
Amendment 1669 #
2020/0279(COD)
Proposal for a regulation
Article 28 – paragraph 1
Article 28 – paragraph 1
1. The Member State where an application for international protection is first registered pursuant to Regulation (EU) XXX/XXX [Asylum Procedure Regulation] or, where applicable, the Member State of relocation shall start the process of determining the Member State responsible without delay.
Amendment 1677 #
2020/0279(COD)
Proposal for a regulation
Article 28 – paragraph 2
Article 28 – paragraph 2
2. The Member State where an application is first registered or, where applicable, the Member State of relocation shall continue the process of determining the Member State responsible if the applicant leaves the territory of that Member State without authorisation or is otherwise not available to the competent authorities of that Member State.
Amendment 1679 #
2020/0279(COD)
Proposal for a regulation
Article 28 – paragraph 3 – introductory part
Article 28 – paragraph 3 – introductory part
3. The Member State which has conducted the process of determining the Member State responsible or which has become responsible pursuant to Article 8(4) of this Regulation or by relocation of the applicant to its territory shall indicate in Eurodac without delay pursuant to Article 11(1) of Regulation (EU) XXX/XXX [Eurodac Regulation]:
Amendment 1680 #
2020/0279(COD)
Proposal for a regulation
Article 28 – paragraph 3 – point b a (new)
Article 28 – paragraph 3 – point b a (new)
(ba) its responsibility following relocation pursuant to Article 23a or Part IV of this Regulation
Amendment 1690 #
2020/0279(COD)
Proposal for a regulation
Article 29 – paragraph 1 – introductory part
Article 29 – paragraph 1 – introductory part
1. If a Member State where an application for international protection has been registered considers that another Member State is responsible for examining the application, it shall, without delay and in any event within twohree months of the date on which the application was registered, request that other Member State to take charge of the applicant.
Amendment 1696 #
2020/0279(COD)
Proposal for a regulation
Article 29 – paragraph 1 – subparagraph 1
Article 29 – paragraph 1 – subparagraph 1
Amendment 1709 #
2020/0279(COD)
Proposal for a regulation
Article 29 – paragraph 1 – subparagraph 3
Article 29 – paragraph 1 – subparagraph 3
Where the applicant is an unaccompanied minor, the determining Member State may, where it considers that it is in the best interest of the minor minor, or the request is based on Article 16, 17, 18 or 24, the determining Member State shall, continue the procedure for determining the Member State responsible and request another Member State to take charge of the applicant despite the expiry of the time limits laid down in the first and second subparagraphs.
Amendment 1716 #
2020/0279(COD)
Proposal for a regulation
Article 30 – paragraph 1
Article 30 – paragraph 1
1. The requested Member State shall make the necessary checks, and shall give a decision on the request to take charge of an applicant within one monthtwo weeks of receipt of the request.
Amendment 1719 #
2020/0279(COD)
Proposal for a regulation
Article 30 – paragraph 2
Article 30 – paragraph 2
Amendment 1724 #
2020/0279(COD)
Proposal for a regulation
Article 30 – paragraph 4 – introductory part
Article 30 – paragraph 4 – introductory part
4. The Commission shall, by means of implementis empowered to adopt delegated acts ing actscordance with Article 68, establishing, and reviewing periodically, two lists, indicating the relevant elements of proof and circumstantial evidence in accordance with the criteria set out in points (a) and (b) of this paragraph. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 67(2).
Amendment 1726 #
2020/0279(COD)
Proposal for a regulation
Article 30 – paragraph 4 – point a – point ii
Article 30 – paragraph 4 – point a – point ii
(ii) the Member States shall provide the Committee provided for in Article 67ssion with models of the different types of administrative documents, in accordance with the typology established in the list of formal proofs;
Amendment 1728 #
2020/0279(COD)
Proposal for a regulation
Article 30 – paragraph 6
Article 30 – paragraph 6
6. The requested Member State shall acknowledge its responsibility if the circumstantial evidence is coherent, verifiable and sufficiently detailed to establish responsibilityafter considering all available circumstantial evidence including photos, proof of contact and witness statements to make a fair appraisal of the relationship.
Amendment 1736 #
2020/0279(COD)
Proposal for a regulation
Part III – Chapter V – Section III – title
Part III – Chapter V – Section III – title
III Procedures for take back notificationrequests
Amendment 1741 #
2020/0279(COD)
Proposal for a regulation
Article 31 – title
Article 31 – title
Submitting a take back notificationrequest
Amendment 1750 #
2020/0279(COD)
Proposal for a regulation
Article 31 – paragraph 1
Article 31 – paragraph 1
1. In a situation referred to in Article 26(1), point (b), (c) or (d) the Member State where the person is present shall make a take back notificationrequest without delay and in any event within two weeks after receiving the Eurodac hit.
Amendment 1755 #
2020/0279(COD)
Proposal for a regulation
Article 31 – paragraph 2
Article 31 – paragraph 2
2. A take back notificationrequest shall be made using a standard form and shall include proof or circumstantial evidence as described in the two lists referred to in Article 30(4) and/or relevant elements from the statements of the person concerned.
Amendment 1764 #
2020/0279(COD)
Proposal for a regulation
Article 31 – paragraph 3
Article 31 – paragraph 3
3. The notifirequested Member State shall aconfirm receipt of the notification torequest of the Member State which made the notificationrequest within onefour weeks, unless the notifirequested Member State can demonstrate within that time limit that its responsibility has ceased pursuant to Article 27.
Amendment 1769 #
2020/0279(COD)
Proposal for a regulation
Article 31 – paragraph 4
Article 31 – paragraph 4
4. Failure to act within the onefour-week period set out in paragraph 3 shall be tantamount to confirming the receipt of the notificationrequest.
Amendment 1776 #
2020/0279(COD)
Proposal for a regulation
Article 31 – paragraph 5
Article 31 – paragraph 5
5. The Commission shall, by means of implementing acts, adopt uniform conditionmethods for the preparation and submission of take back notificationrequests. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 67(2).
Amendment 1778 #
2020/0279(COD)
Proposal for a regulation
Article 32 – paragraph 1
Article 32 – paragraph 1
1. The determining Member State whose take charge request as regards the applicant referred to in Article 26(1), point (a) was accepted or who made a take back notification as regards persons referred to in Article 26(1), point (b), (c) and (d)or take back request was accepted shall take a transfer decision at the latest within one week of the acceptance or notification.
Amendment 1785 #
2020/0279(COD)
Proposal for a regulation
Article 32 – paragraph 2
Article 32 – paragraph 2
2. Where the requested Member State accepts to take charge of an applicant or to take back a person referred to in Article 26(1), point (b), (c) or (d), the requesting or the notifyr tack back of an applicant the requesting Member State shall notify the person concerned in writing without delayin one week of the decision to transfer him or her to the Member State responsible and, where applicable, of the fact that it will not examine his or her application for international protection.
Amendment 1791 #
2020/0279(COD)
Proposal for a regulation
Article 32 – paragraph 3
Article 32 – paragraph 3
3. If a legal advisor or other counsellor is representing the person concerned, Member States may choose toshall notify the decision to such legal advisor or counsellor instead of to the person concerned and, where applicable, communicate the decisionas well as to the person concerned.
Amendment 1794 #
2020/0279(COD)
Proposal for a regulation
Article 32 – paragraph 4 – introductory part
Article 32 – paragraph 4 – introductory part
4. The decision referred to in paragraph 1 shall contain information on the legal remedies available, including on the right to apply for suspensive effect, and on the time limits applicable for seeking such remedies and for carrying out the transfer, and shall, if necessary, contain information on the place where, and the date on which, the person concerned is required to appear, if that person is travelling to the Member State responsible by his or her own means.
Amendment 1798 #
2020/0279(COD)
Proposal for a regulation
Article 32 – paragraph 4 – subparagraph 1
Article 32 – paragraph 4 – subparagraph 1
Member States shall ensure that information on persons or entities that may provide legal assistance to the person concerned is communicated to the person concerned together withprior to the decision referred to in paragraph 1, when that information has not been already communicated.
Amendment 1803 #
2020/0279(COD)
Proposal for a regulation
Article 32 – paragraph 5
Article 32 – paragraph 5
5. Where the person concerned is not assisted or represented by a legal advisor or other counsellor, Member States shall inform him or her of the main elements of the decision, which shall always include information on the legal remedies available and the time limits applicable for seeking such remedies, in a language that the person concerned understands or is reasonably supposed to understand.
Amendment 1807 #
2020/0279(COD)
Proposal for a regulation
Article 33 – paragraph 1 – introductory part
Article 33 – paragraph 1 – introductory part
1. The applicant or another person as referred to in Article 26(1), point (b), (c) and (d) shall have the right to an effective remedy, in the form of an appeal or a review, in fact and in law, against a transfer decision, a failure to make a transfer decision, a rejection of a request for family reunification or a decision to reject a take charge request before a court or tribunal.
Amendment 1812 #
2020/0279(COD)
Proposal for a regulation
Article 33 – paragraph 1 – subparagraph 1 – introductory part
Article 33 – paragraph 1 – subparagraph 1 – introductory part
The scope of the remedy shall be limited toinclude at least an assessment of:
Amendment 1813 #
2020/0279(COD)
Proposal for a regulation
Article 33 – paragraph 1 – subparagraph 1 – point a
Article 33 – paragraph 1 – subparagraph 1 – point a
(a) whether the transfer or failure to transfer would result in a real risk of inhuman or degrading treatment for the person concerned within the meaning of Article 4 of the Charter of Fundamental Rights;
Amendment 1814 #
2020/0279(COD)
Proposal for a regulation
Article 33 – paragraph 1 – subparagraph 1 – point a a (new)
Article 33 – paragraph 1 – subparagraph 1 – point a a (new)
(aa) whether the transfer or failure to transfer would result in a real risk of violating other fundamental rights such as the right to family life or health
Amendment 1818 #
2020/0279(COD)
Proposal for a regulation
Article 33 – paragraph 2
Article 33 – paragraph 2
2. Member States shall provide for a period of two weeksat least one month after the notification of a transfer decision within which the person concerned may exercise his or her right to an effective remedy pursuant to paragraph 1.
Amendment 1822 #
2020/0279(COD)
Proposal for a regulation
Article 33 – paragraph 3 – introductory part
Article 33 – paragraph 3 – introductory part
3. The person concerned shall have the right to request, within a reasonable period of time from the notification of the transfer decision, a court or tribunal to suspend the implementation of the transfer decision shall be suspended pending the outcome of his or ther applicant's appeal or review. Member States shall ensure that an effective remedy is in place by suspending the transfer until the decision on the first suspension request is taken. Any decision on whether to suspend the implementation of the transfer decision shall be taken within one month of the date when that request reached the competent court or tribunal.
Amendment 1825 #
2020/0279(COD)
Proposal for a regulation
Article 33 – paragraph 3 – subparagraph 1
Article 33 – paragraph 3 – subparagraph 1
Amendment 1827 #
2020/0279(COD)
Proposal for a regulation
Article 33 – paragraph 3 – subparagraph 2
Article 33 – paragraph 3 – subparagraph 2
Amendment 1829 #
2020/0279(COD)
Proposal for a regulation
Article 33 – paragraph 3 – subparagraph 3
Article 33 – paragraph 3 – subparagraph 3
Amendment 1832 #
2020/0279(COD)
Proposal for a regulation
Article 33 – paragraph 4
Article 33 – paragraph 4
4. Member States shall ensure that the person concerned has access to legal assistance and, where necessary, to linguistic assistance.
Amendment 1833 #
2020/0279(COD)
Proposal for a regulation
Article 33 – paragraph 5
Article 33 – paragraph 5
Amendment 1851 #
2020/0279(COD)
Proposal for a regulation
Article 33 a (new)
Article 33 a (new)
Article 33 a Right to free legal assistance and representation 1. Without prejudice to the applicant's right to choose his or her own legal representative at his or her own cost, Member States shall provide free legal assistance and representation on matters relating to the application of this Regulation at all stages of the procedure. 2. The free legal assistance and representation shall, at least, include: (a) the provision of information on the procedure in the light of the applicant's individual circumstances; (b) assistance in the preparation of the personal interview and supporting documents and evidence to be provided as part of the interview, including participation in the personal interview as necessary; (c) explanation of the reasons for and consequences of a transfer decision as well as information as to how to challenge that decision or how to access remedies in situations where no transfer decision is taken pursuant to Article 33. 3. In complying with this paragraph, Member States shall ensure that legal assistance and representation is not arbitrarily restricted and that the applicant’s effective access to justice is not hindered. 4. Procedures for access to legal assistance shall be laid down in national law.
Amendment 1869 #
2020/0279(COD)
Proposal for a regulation
Article 34 – paragraph 2
Article 34 – paragraph 2
2. WOnly where there is a risk of abscondingserious and proven risk of absconding and as a last resort, Member States may detain the person concernedapplicant in order to secure transfer procedures in accordance with this Regulation, on the basis of an individual assessment and only in so far as detention is proportional and other less coercive alternative measures cannot be applied effectively, based on an individual assessment of the person’s circumstances.
Amendment 1872 #
2020/0279(COD)
Proposal for a regulation
Article 34 – paragraph 3 – introductory part
Article 34 – paragraph 3 – introductory part
3. Detention shall be for as short a period as possible and shall be for no longer than the time reasonably necessary to fulfil the required administrative procedures with due diligence until the transfer under this Regulation is carried out. Detention is never in the best interests of children and the detention of minors under this Regulation shall therefore be prohibited. Member States shall accommodate minors and families with minors in non-custodial, community- based placements while their application is processed. Unaccompanied children shall be placed in appropriate alternative care settings in the national child protection system in line with their best interests and taking into consideration their views.
Amendment 1879 #
2020/0279(COD)
Proposal for a regulation
Article 34 – paragraph 3 – subparagraph 1
Article 34 – paragraph 3 – subparagraph 1
Where an applicant or another person referred to in Article 26(1), point (b), (c) or (d) is detained pursuant to this Article, the period for submitting a take charge request or a take back notificationrequest shall not exceed two weeks from the registration of the application. Where a person is detained at a later stage than the registration of the application, the period for submitting a take charge request or a take back notificationrequest shall not exceed one week from the date on which the person was placed in detention. The Member State carrying out the procedure in accordance with this Regulation shall ask for an urgent reply on a take charge request. Such reply shall be given within one week of receipt of the take charge request. Failure to reply within the one-week period shall be tantamount to accepting the take charge request and shall entail the obligation to take charge of the person, including the obligation to provide for proper arrangements for arrival.
Amendment 1886 #
2020/0279(COD)
Proposal for a regulation
Article 34 – paragraph 3 – subparagraph 2 – introductory part
Article 34 – paragraph 3 – subparagraph 2 – introductory part
Where a personn applicant is detained pursuant to this Article, the transfer of that person from the requesting or notifying Member State to the Member State responsible shall be carried out as soon as practically possible, and at the latest within four weeks of:
Amendment 1888 #
2020/0279(COD)
Proposal for a regulation
Article 34 – paragraph 3 – subparagraph 2 – point a
Article 34 – paragraph 3 – subparagraph 2 – point a
(a) the date on which the request was accepted or the take back notification was confirmed, or
Amendment 1892 #
2020/0279(COD)
Proposal for a regulation
Article 34 – paragraph 3 – subparagraph 3
Article 34 – paragraph 3 – subparagraph 3
Where the requesting or notifying Member State fails to comply with the time limits for submitting a take charge request or take back notificationrequest or to take a transfer decision within the time limit laid down in Article 32(1) or where the transfer does not take place within the period of four weeks referred to in the third subparagraph of this paragraph, the person shall no longer be detained. Articles 29, 31 and 35 shall continue to apply accordingly.
Amendment 1894 #
2020/0279(COD)
Proposal for a regulation
Article 34 – paragraph 4
Article 34 – paragraph 4
4. Where a personn applicant is detained pursuant to this Article, the detention shall be ordered in writing by judicial authorities. The detention order shall state the reasons in fact and in law on which it is based and shall contain a reference to the consideration of the available alternatives and the reasons as to why they could not be applied effectively.
Amendment 1903 #
2020/0279(COD)
Proposal for a regulation
Article 35 – paragraph 1 – introductory part
Article 35 – paragraph 1 – introductory part
1. The transfer of an applicant or of another person as referred to in Article 26(1), point (b), (c) and (d), from the requesting or notifying Member State to the Member State responsible shall be carried out in accordance with the national law of the requesting or notifying Member State, after consultation between the Member States concerned, as soon as practically possible, and at the latest within six months of the acceptance of the take charge request or of the confirmation of the take back notificationor take back request by another Member State or of the final decision on an appeal or review of a transfer decision where there is a suspensive effect in accordance with Article 33(3). Tin accordance with Article 33(3). In the case of take charge request only, that time limit may be extended up to a maximum of one year if the transfer cannot be carried out due to imprisonment of the person concerned.
Amendment 1916 #
2020/0279(COD)
Proposal for a regulation
Article 35 – paragraph 1 – subparagraph 3
Article 35 – paragraph 1 – subparagraph 3
Amendment 1918 #
2020/0279(COD)
Proposal for a regulation
Article 35 – paragraph 1 – subparagraph 4
Article 35 – paragraph 1 – subparagraph 4
The Member State responsible shall inform the requesting or notifying Member State, as appropriate,Member State of the safe arrival of the person concerned or of the fact that he or she did not appear within the set time limit.
Amendment 1923 #
2020/0279(COD)
Proposal for a regulation
Article 35 – paragraph 2 – introductory part
Article 35 – paragraph 2 – introductory part
2. Where the transfer does not take place within the time limits set out in paragraph 1, first subparagraph, the Member State responsible shall be relieved of its obligations to take charge of or to take back the person concerned and responsibility shall be transferred to the requesting or notifying Member State.
Amendment 1926 #
2020/0279(COD)
Proposal for a regulation
Article 35 – paragraph 2 – subparagraph 1
Article 35 – paragraph 2 – subparagraph 1
Amendment 1931 #
2020/0279(COD)
Proposal for a regulation
Article 35 – paragraph 4
Article 35 – paragraph 4
4. The Commission shall, by means of implementing acts, establish uniform conditionmethods for the consultation and exchange of information between Member States, in particular in the event of postponed or delayed transfers, transfers following acceptance by default, transfers of minors or dependent persons, and supervised transfers. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 67(2).
Amendment 1937 #
2020/0279(COD)
Proposal for a regulation
Article 37 – paragraph 1
Article 37 – paragraph 1
1. The Member State carrying out the transfer of an applicant or of another person as referred to in Article 26(1), point (b), (c) or (d), shall communicate to the Member State responsible such personal data concerning the person to be transferred as is adequate, relevant and limited to what is necessary for the sole purposes of ensuring that the competent authorities, in accordance with national law in the Member State responsible, are in a position to provide that person with adequate assistance, including the provision of immediate health care required in order to protect his or her vital interests, to ensure continuity in the protection and rights afforded by this Regulation and by other applicable asylum legal instruments. Those data shall be communicated to the Member State responsible within a reasonable period of time before a transfer is carried out, in order to ensure that its competent authorities in under national law have sufficient time to take the necessary measures.
Amendment 1941 #
2020/0279(COD)
Proposal for a regulation
Article 37 – paragraph 2 – point a
Article 37 – paragraph 2 – point a
(a) any immediate measures which the Member State responsible is required to take in order to ensure that the special needs of the person to be transferred are adequately addressed, including any immediate health care that may be required and, where relevant, any arrangements needed to uphold the best interest of the child;
Amendment 1948 #
2020/0279(COD)
Proposal for a regulation
Article 37 – paragraph 4
Article 37 – paragraph 4
4. With a view to facilitating the exchange of information between Member States, the Commission shall, by means of implementing acts, draw upis empowered to adopt delegated acts in accordance with Article 68 concerning a standard form for the transfer of the data required pursuant to this Article. Those implementing acts shall be adopted in accordance with the examination procedure laid down in Article 67(2).
Amendment 1950 #
2020/0279(COD)
Proposal for a regulation
Article 38
Article 38
Amendment 1960 #
2020/0279(COD)
Proposal for a regulation
Article 39 – paragraph 2
Article 39 – paragraph 2
2. The transferring Member State shall only transmit the information referred to in paragraph 1 to the Member State responsible after having obtained the explicit consent of the applicant and/or of his or her representativeguardian or when such transmission is necessary to protect public health and public security, or, where the person concerned is physically or legally incapable of giving his or her consent, to protect the vital interests of the person concerned or of another person. The lack of consent, including a refusal to consent, shall not constitute an obstacle to the transfer.
Amendment 1968 #
2020/0279(COD)
Proposal for a regulation
Article 40 – paragraph 2 – point c
Article 40 – paragraph 2 – point c
(c) other information necessary for establishing the identity of the person concerned, including biometric data taken of the applicant by the Member State, in particular for the purposes of Article 57(6) of this Regulation, in accordance with Regulation (EU) XXX/XXX [Eurodac Regulation];
Amendment 1971 #
2020/0279(COD)
Proposal for a regulation
Article 40 – paragraph 2 – point d
Article 40 – paragraph 2 – point d
(d) places of residence and routes travelled;
Amendment 1976 #
2020/0279(COD)
Proposal for a regulation
Article 40 – paragraph 3
Article 40 – paragraph 3
3. Provided it is necessary for the examination of the application for international protection, the Member State responsible may request another Member State to let it know on what grounds the applicant bases his or her application and, where applicable, the grounds for any decisions taken concerning the applicant. The otherA Member State may refuse to respond to the request submitted to it, if the communication of such information is likely to harm its essential interests or the protection of the liberties and fundamental rights of the person concerned or of others. In any event, communication of the information requested shall be subject to the written approval of the applicant for international protection, obtained by the requesting Member State. In that case, the applicant must know for what specific information he or she is giving his or her approval.
Amendment 1978 #
2020/0279(COD)
Proposal for a regulation
Article 40 – paragraph 4
Article 40 – paragraph 4
4. Any request for information shall only be sent in the context of an individual application for international protection or transfer for the purpose of relocation. It shall set out the grounds on which it is based and, where its purpose is to check whether there is a criterion that is likely to entail the responsibility of the requested Member State, shall state on what evidence, including relevant information from reliable sources on the ways and means by which applicants enter the territories of the Member States, or on what specific and verifiable part of the applicant’s statements it is based. Such relevant information from reliable sources is not in itself sufficient to determine the responsibility and the competence of a Member State under this Regulation, but it may contribute to the evaluation of other indications relating to an individual applicant.
Amendment 1981 #
2020/0279(COD)
Proposal for a regulation
Article 40 – paragraph 9
Article 40 – paragraph 9
9. In each Member State concerned, a record shall be kept, in the individual file for the person concerned or in a register, of the transmission and receipt of information exchanged. The security and confidentiality of this record shall be ensured.
Amendment 1986 #
2020/0279(COD)
Proposal for a regulation
Article 41 – paragraph 1
Article 41 – paragraph 1
1. Each Member State shall notify the Commission without delay of the specific authorities responsible for fulfilling the obligations arising under this Regulation, and any amendments thereto. The Member States shall ensure that those authorities have the necessary resources for carrying out their tasks and in particular for replying within the prescribed time limits to requests for information, requests to take charge, or take back notifications and, if applicable, complying with their obligations under Chapters I-III of Part IV.
Amendment 1989 #
2020/0279(COD)
Proposal for a regulation
Article 41 – paragraph 4
Article 41 – paragraph 4
4. The Commission shall, by means of implementing acts, establish secure electronic transmission channels between the authorities referred to in paragraph 1 and between those authorities and the Asylum Agency for transmitting information, biometric data taken in accordance with Regulation (EU) XXX/XXX [Eurodac Regulation], requests, notifications, replies and all written correspondence and for ensuring that senders automatically receive an electronic proof of delivery. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 67(2).
Amendment 1999 #
2020/0279(COD)
Proposal for a regulation
Article 44 – paragraph 1 – introductory part
Article 44 – paragraph 1 – introductory part
1. In order to facilitate the proper functioning of the mechanisms set up under this Regulation and resolve difficulties in the application thereof, where two or more Member States encounter difficulties in their cooperation under this Regulation or in its application between them, the Member States concerned shall, upon request by one or more of them or the Commission, hold consultations without delay with a view to finding appropriate solutions within a reasonable timefour weeks of the request, in accordance with the principle of sincere cooperation. If the difficulties concern the implementation of Part IV of this Regulation, the EU Relocation Coordinator shall be invited to attend these consultations.
Amendment 2000 #
2020/0279(COD)
Proposal for a regulation
Article 44 – paragraph 2 – introductory part
Article 44 – paragraph 2 – introductory part
2. Where no solution is found under paragraph 1 or the difficulties persist, one or more of the Member States concerned may request the Commission toshall hold consultations with the Member States concerned with a view to finding appropriate solutions. The Commission shall hold such consultations without delayin four weeks of the request. The Member States concerned shall actively participate in the consultations and, as well as the Commission, take all appropriate measures to promptly resolve the matter. The Commission, as appropriate in consultation with the EU Relocation Coordinator, may adopt recommendations addressed to the Member States concerned indicating the measures to be taken and the appropriate deadlines.
Amendment 2006 #
Amendment 2017 #
2020/0279(COD)
Proposal for a regulation
Article 45 – paragraph 1 – introductory part
Article 45 – paragraph 1 – introductory part
1. Solidarity contributions for the benefit of a Member State under migratory pressure or subject to disembarkations following search and rescue operations shall consist of the following typesor the arrival of persons in a vulnerable situation shall consist of:
Amendment 2024 #
2020/0279(COD)
Proposal for a regulation
Article 45 – paragraph 1 – point a
Article 45 – paragraph 1 – point a
(a) relocation of applicants who are not subject to the border procedure for the examination of an application for international protection established by Article 41 of Regulation (EU) XXX/XXX [Asylum Procedure Regulation]for international protection;
Amendment 2028 #
2020/0279(COD)
Proposal for a regulation
Article 45 – paragraph 1 – point a a (new)
Article 45 – paragraph 1 – point a a (new)
(aa) Relocation of beneficiaries of prima facie international protection;
Amendment 2032 #
2020/0279(COD)
Proposal for a regulation
Article 45 – paragraph 1 – point b
Article 45 – paragraph 1 – point b
Amendment 2039 #
2020/0279(COD)
Proposal for a regulation
Article 45 – paragraph 1 – point c
Article 45 – paragraph 1 – point c
(c) relocation of beneficiaries of international protection who have been granted international protection less than three years prior to adoption of an implementing act pursuant to Article 53(1); and who have requested such relocation in writing.
Amendment 2046 #
2020/0279(COD)
Proposal for a regulation
Article 45 – paragraph 1 – point d
Article 45 – paragraph 1 – point d
Amendment 2065 #
2020/0279(COD)
Proposal for a regulation
Article 45 – paragraph 2
Article 45 – paragraph 2
Amendment 2090 #
2020/0279(COD)
Proposal for a regulation
Article 46 – paragraph 1
Article 46 – paragraph 1
A Solidarity Forum shall comprise all Member States. The Commission, who shall be represented by officials with the power to take decisions on their behalf. The EU Relocation Coordinator shall convene and preside over the Solidarity Forum in order to ensure the smooth functioning of this Part. The Forum shall meet annually following the adoption of the Asylum Situation Report as well as according to need as identified in Part IV of this Regulation.
Amendment 2104 #
2020/0279(COD)
Proposal for a regulation
Article 47 – title
Article 47 – title
47 Solidarity for arrivals of persons in a vulnerable situation and disembarkations following search and rescue operations
Amendment 2108 #
2020/0279(COD)
Proposal for a regulation
Article 47 – paragraph 1
Article 47 – paragraph 1
1. This Article and Articles 48 and 49 shall apply to search and rescue operations that generate recurring arrivals of third- country nationals or stateless persons onto the territory of a Member State and toand to persons in a vulnerable perssituations as set out in Article 49(4).
Amendment 2110 #
2020/0279(COD)
Proposal for a regulation
Article 47 – paragraph 2
Article 47 – paragraph 2
2. Where the Migration ManagementAsylum Situation Report referred to in Article 6(4) indicates that one or more Member States are faced with the situations referred to in paragraph 1, it shall also set out the total number of applicants for international protectipersons referred to in Article 45(1), point (a), (a a) and (c) that would need to be relocated in order to assist those Member States. The report shall also identify any capacity-building measures referred to in Article 45(1), point (d) which are necessary to assist the Member State concerned.
Amendment 2116 #
2020/0279(COD)
Proposal for a regulation
Article 47 – paragraph 3
Article 47 – paragraph 3
3. Within two weeks of the adoption of the Migration ManagementAsylum Situation Report, the Commission shall invite all other Member States that are not expected to be faced with arrivals on their territory as referred to in paragraph 1 to provide the solidarity contributions referred to in paragraph 2. In its request, the Commission shall indicate the total number of applicantpersons to be relocated by each Member State in the form of solidarity contributions referred to in Article 45(1), point (a), (a a) and (c) by each Member State, calculated according to the distributionreference key set out in Article 54. The distributionreference key shall include the share of the benefitting Member States.
Amendment 2120 #
2020/0279(COD)
Proposal for a regulation
Article 47 – paragraph 4 – introductory part
Article 47 – paragraph 4 – introductory part
4. Within one month of the adoption of the Migration ManagementAsylum Situation Report, Member States shall notify the Commission of the contributions they intend to maketotal number of persons to be relocated, by completing the SAR Solidarity Response Plan set out in Annex I. Member States shall indicate whether they intend to provide contributions in the form of:
Amendment 2122 #
2020/0279(COD)
Proposal for a regulation
Article 47 – paragraph 4 – point a
Article 47 – paragraph 4 – point a
Amendment 2126 #
2020/0279(COD)
Proposal for a regulation
Article 47 – paragraph 4 – point b
Article 47 – paragraph 4 – point b
Amendment 2129 #
2020/0279(COD)
Proposal for a regulation
Article 47 – paragraph 4 – point c
Article 47 – paragraph 4 – point c
Amendment 2135 #
2020/0279(COD)
Proposal for a regulation
Article 47 – paragraph 5
Article 47 – paragraph 5
5. Where the Commission considerEU Relocation Coordinator identifies that the solidarity contributions indicated by all the Member States pursuant to paragraph 4 fall significantly short of the total solidarity contributions set out in the Migration Management Report, the CommissionAsylum Situation Report, the EU Relocation Coordinator shall convene the Solidarity Forum. The Commission shall invite Member States to adjust the number and, where relevant, the type of contributions. Member States that adjust their contributions shall submit revised SAR Solidarity Response Plans in the course of the Solidarity Forum.
Amendment 2144 #
2020/0279(COD)
Proposal for a regulation
Article 48 – title
Article 48 – title
Commission implementing acts for search and rescue operaolidarity contributions
Amendment 2147 #
2020/0279(COD)
Proposal for a regulation
Article 48 – paragraph 1 – introductory part
Article 48 – paragraph 1 – introductory part
1. Within two weeks from the submission of the SAR Solidarity Response Plans referred to in Article 47(4) or two weeks from the end of the Solidarity Forum referred to in Article 47(5), and where the total solidarity contributions indicated by all the Member States in their Plans corresponds to, or is considered by the Commission to be sufficiently close to the total solidarity contributions set out in the Migration ManagementAsylum Situation Report, the Commission shall adopt an implementing act setting out the solidarity measures indicated by Member States pursuant to Article 47(4) or Article 47(5). Such measures shall constitute a solidarity pool for each Member State expected to be faced with disembarkations or the arrival of persons in a vulnerable situation in the short term.
Amendment 2151 #
2020/0279(COD)
Proposal for a regulation
Article 48 – paragraph 2 – introductory part
Article 48 – paragraph 2 – introductory part
2. Where the total number or type of solidarity contributions indicated by Member States pursuant to Article 47(5) still falls significantlymore than 20% short of the total solidarity contributions set out in the Migration ManagementAsylum Situation Report leading to a situation where the solidarity pool is not able to provide a foreseeable basis of ongoing support to the Member States referred to in Article 47(2), the Commission shall, within two weeks after the end of the Solidarity Forum, adopt an implementing act establishing a solidarity pool for each Member State expected to be faced with disembarkations or the arrival of persons in a vulnerable situation in the short term. That implementing act shall set out:
Amendment 2155 #
2020/0279(COD)
Proposal for a regulation
Article 48 – paragraph 2 – point a
Article 48 – paragraph 2 – point a
(a) the total number of third-country nationals to be covered by relocation to contribute to the needs of the Member States referred to in Article 47(2) as identified in the Migration ManagementAsylum Situation Report;
Amendment 2160 #
2020/0279(COD)
Proposal for a regulation
Article 48 – paragraph 2 – point c
Article 48 – paragraph 2 – point c
Amendment 2163 #
2020/0279(COD)
Proposal for a regulation
Article 48 – paragraph 2 – subparagraph 1
Article 48 – paragraph 2 – subparagraph 1
Amendment 2169 #
2020/0279(COD)
Proposal for a regulation
Article 48 – paragraph 2 – subparagraph 2
Article 48 – paragraph 2 – subparagraph 2
Where one or more Member States have not submitted an SAR Solidarity Response Plan within the time limits set out in Article 47(4) and Article 47(5), the Commission shall determine the amount and type of contributions to be made by those Member States.
Amendment 2173 #
2020/0279(COD)
Proposal for a regulation
Article 48 – paragraph 2 – subparagraph 3
Article 48 – paragraph 2 – subparagraph 3
Where the Asylum Agency notifies the Commission and the Member States that 80% of the solidarity pool in the first subparagraph has been used for one or more of the benefitting Member States, the Commission shall convene the Solidarity Forum to inform the Member States of the situation and the additional needs of the Member States. Following the Solidary Forum the Commission shall adopt an amendment to the implementing act establishing a solidarity pool referred to in the first subparagraph in relation to the benefitting Member State concerned to increase the total number of third-country nationals covered by the solidarity measures referred to in point (a) of the first subparagraph by a maximum of 50%. The share of each Member State referred to in point (b) of the first subparagraph shall be amended accordingly. Where the provisions of the second subparagraph are applied and Member States have indicated that they shall contribute through return sponsorship, the share of these measures shall be increased by 50%. The measures referred to in Article 45(1), point (d) shall also be increased by a share that is in proportion to a 50% increase of that Member States share calculated according to the distribution key set out in Article 54.
Amendment 2184 #
2020/0279(COD)
Proposal for a regulation
Article 49 – title
Article 49 – title
Solidarity pool for persons in a vulnerable situation and search and rescue operations
Amendment 2185 #
2020/0279(COD)
Proposal for a regulation
Article 49 – paragraph 1
Article 49 – paragraph 1
1. Within two weeks of the adoption of the implementing act referred to in Article 48(1) or Article 48(2), the Member State referred to in Article 47(2) shall notify the CommissionEU Relocation Coordinator of its request for solidarity support. Following that request, the CommissionEU Relocation Coordinator shall draw on the solidarity pool and coordinate the implementation of the solidarity measures for each arrival, disembarkation or group of disembarkations taking place in a period of two weeks.
Amendment 2186 #
2020/0279(COD)
Proposal for a regulation
Article 49 – paragraph 2
Article 49 – paragraph 2
2. Under the coordination of the Commission, the Asylum Agency and the European Border and Coast GuardEU Relocation Coordinator, the Asylum Agency shall draw up the list of eligible persons to be relocated and to be subject to return sponsorship. The list shall indicate the distribution of those persons among the contributing Member States taking into account the total number of persons to be relocated or to be subject to return sponsorship by each contributing Member State, the nationality of those persons and the existence of meaningful links between them and the Member State of relocation or. Eligible persons shall be consulted in the course of rdeturn sponsorship. Priority shall be given to the relocation of vulnerable persons. The Asylum Agency and the European Border and Coast Guardermining meaningful links and shall have the right to object to such categorisation. Priority shall be given to the relocation of unaccompanied minors and other persons in a vulnerable situation. Where a person has meaningful links to more than one Member State, the person’s preference shall prevail. Where no meaningful links can be determined, the procedure in Article 23b(b) and (c) shall apply. The Asylum Agency shall assist the Commission in monitoring the use of the solidarity pool.
Amendment 2189 #
2020/0279(COD)
Proposal for a regulation
Article 49 – paragraph 3 – introductory part
Article 49 – paragraph 3 – introductory part
3. Where the Commission has adopted a report concluding that a Member State referred to in Article 47(2) is under migratory pressureat risk of pressure on its asylum or reception system as set out in Article 51(3), the remaining solidarity contributions from the solidarity pool established under Article 48(1) or Article 48(2) may be used for the purpose of immediately alleviating the migratoryreducing the risk of pressure on that Member State. In such cases, the provisions of paragraph 2 shall apply.
Amendment 2190 #
2020/0279(COD)
Proposal for a regulation
Article 49 – paragraph 3 – subparagraph 1
Article 49 – paragraph 3 – subparagraph 1
Amendment 2193 #
2020/0279(COD)
Proposal for a regulation
Article 49 – paragraph 3 – subparagraph 2
Article 49 – paragraph 3 – subparagraph 2
Where the solidarity pool referred to in the first subparagraph is insufficient for the purpose of immediately alleviating the challenges faced by the Member State referred to in Article 47(2), solidarity contributions from the solidarity pool of the other Member States established under Article 48(1) or Article 48(2) may be used insofar as this does not jeopardize the functioning of the pool for those Member States.
Amendment 2194 #
2020/0279(COD)
Proposal for a regulation
Article 49 – paragraph 4
Article 49 – paragraph 4
Amendment 2197 #
2020/0279(COD)
Proposal for a regulation
Article 49 – paragraph 5
Article 49 – paragraph 5
5. The CommissionEU Relocation Coordinator shall support and facilitate the procedures leading to the relocation of applicants and the implementation of return sponsorship, paying particular attention to unaccompanied minors. It and other persons in a vulnerable situation. They shall coordinate the operational aspects of relocation and return sponsorship, including with the assistance of experts or teams of experts to be deployed by the Asylum Agency or the European Border and Coast Guard Agency.
Amendment 2203 #
2020/0279(COD)
Proposal for a regulation
Article 50 – title
Article 50 – title
50 Assessment of migratory pressurepressure on the asylum or reception system
Amendment 2205 #
2020/0279(COD)
Proposal for a regulation
Article 50 – paragraph 1 – introductory part
Article 50 – paragraph 1 – introductory part
1. The Commission shall assess the migratoryasylum situation in a Member State where:
Amendment 2206 #
2020/0279(COD)
Proposal for a regulation
Article 50 – paragraph 1 – point a
Article 50 – paragraph 1 – point a
(a) that Member State has informed the Commission that it considers itself to be under migratory asylum or reception system to be at risk of pressure; or
Amendment 2212 #
2020/0279(COD)
Proposal for a regulation
Article 50 – paragraph 1 – point b
Article 50 – paragraph 1 – point b
(b) on the basis of available information, it considers that the asylum or reception system of a Member State may be under migratoryat risk of pressure.
Amendment 2213 #
2020/0279(COD)
Proposal for a regulation
Article 50 – paragraph 1 – point b a (new)
Article 50 – paragraph 1 – point b a (new)
(ba) The Council or European Parliament requests it to carry out such an assessment
Amendment 2218 #
2020/0279(COD)
Proposal for a regulation
Article 50 – paragraph 2
Article 50 – paragraph 2
2. The Asylum Agency and the European Border and Coast Guard Agency shall assist the Commission in drawing up the assessment of migratory pressure. The Commission shall inform the European Parliament, the Council and the Member States, without delay, that it is undertaking an assessment.
Amendment 2220 #
2020/0279(COD)
Proposal for a regulation
Article 50 – paragraph 3 – introductory part
Article 50 – paragraph 3 – introductory part
3. The assessment of migratory pressure shall cover the situation in the Member State concerned during the preceding sixtwelve months, compared to the overall situation in the Union, and shall be based in particular on the following information:
Amendment 2222 #
2020/0279(COD)
Proposal for a regulation
Article 50 – paragraph 3 – point a a (new)
Article 50 – paragraph 3 – point a a (new)
(aa) the reception capacity of the Member State
Amendment 2225 #
2020/0279(COD)
Proposal for a regulation
Article 50 – paragraph 3 – point b
Article 50 – paragraph 3 – point b
Amendment 2226 #
2020/0279(COD)
Proposal for a regulation
Article 50 – paragraph 3 – point c
Article 50 – paragraph 3 – point c
Amendment 2231 #
2020/0279(COD)
Proposal for a regulation
Article 50 – paragraph 3 – point d
Article 50 – paragraph 3 – point d
Amendment 2233 #
2020/0279(COD)
Proposal for a regulation
Article 50 – paragraph 3 – point e
Article 50 – paragraph 3 – point e
Amendment 2237 #
2020/0279(COD)
Proposal for a regulation
Article 50 – paragraph 3 – point f
Article 50 – paragraph 3 – point f
(f) the number of incoming and outgoing take charge requests and take back notifications in accordance with Articles 34 and 36;
Amendment 2240 #
2020/0279(COD)
Proposal for a regulation
Article 50 – paragraph 3 – point h
Article 50 – paragraph 3 – point h
(h) the number of persons apprehended in connection with an irregular crossing of the external land, sea or air border who subsequently lodge an asylum claim;
Amendment 2246 #
2020/0279(COD)
Proposal for a regulation
Article 50 – paragraph 3 – point i
Article 50 – paragraph 3 – point i
Amendment 2255 #
2020/0279(COD)
Proposal for a regulation
Article 50 – paragraph 3 – point k a (new)
Article 50 – paragraph 3 – point k a (new)
(ka) the number of applicants in a vulnerable situation and the nature of their special procedural or reception needs
Amendment 2258 #
2020/0279(COD)
Proposal for a regulation
Article 50 – paragraph 4 – introductory part
Article 50 – paragraph 4 – introductory part
4. The assessment of migratoryrisk of pressure shall also take into account the following:
Amendment 2261 #
2020/0279(COD)
Proposal for a regulation
Article 50 – paragraph 4 – point b
Article 50 – paragraph 4 – point b
Amendment 2265 #
2020/0279(COD)
Proposal for a regulation
Article 50 – paragraph 4 – point f
Article 50 – paragraph 4 – point f
(f) the Migration ManagementAsylum Situation Report referred to in Article 6(4);
Amendment 2266 #
2020/0279(COD)
Proposal for a regulation
Article 50 – paragraph 4 – point h
Article 50 – paragraph 4 – point h
Amendment 2269 #
2020/0279(COD)
Proposal for a regulation
Article 50 – paragraph 4 – point i a (new)
Article 50 – paragraph 4 – point i a (new)
(ia) information and data from international organisations, NGOs and independent bodies.
Amendment 2270 #
2020/0279(COD)
Proposal for a regulation
Article 50 – paragraph 4 – point j
Article 50 – paragraph 4 – point j
(j) the support provided by Union Agencies and through the Union budget to the benefitting Member State.
Amendment 2274 #
2020/0279(COD)
Proposal for a regulation
Article 51 – title
Article 51 – title
Report on migratory pressurepressure on the asylum or reception system
Amendment 2278 #
2020/0279(COD)
Proposal for a regulation
Article 51 – paragraph 1 – subparagraph 1
Article 51 – paragraph 1 – subparagraph 1
The Commission shall submit the report on migratory pressure to the European Parliament and to the Council within one month after the Commission informed them that it was carrying out an assessment pursuant to Article 50(2).
Amendment 2282 #
2020/0279(COD)
Proposal for a regulation
Article 51 – paragraph 2
Article 51 – paragraph 2
2. In the report, the Commission shall state whether the Member State concerned is under migratoryat risk of pressure.
Amendment 2286 #
2020/0279(COD)
Proposal for a regulation
Article 51 – paragraph 3 – introductory part
Article 51 – paragraph 3 – introductory part
3. Where the Commission concludes that the Member State concerned is under migratoryat risk of pressure, the report shall identify:
Amendment 2287 #
2020/0279(COD)
Proposal for a regulation
Article 51 – paragraph 3 – point a
Article 51 – paragraph 3 – point a
(a) the asylum and reception capacity of the Member State under migratory pressure in the field of migration management, in particular asylum and returnat risk of pressure as well as its overall needs in managing its asylum and return caseload;
Amendment 2289 #
2020/0279(COD)
Proposal for a regulation
Article 51 – paragraph 3 – point a a (new)
Article 51 – paragraph 3 – point a a (new)
(aa) measures that the Member State has taken to reduce the risk of pressure;
Amendment 2290 #
2020/0279(COD)
Proposal for a regulation
Article 51 – paragraph 3 – point b – point i
Article 51 – paragraph 3 – point b – point i
(i) measures that the Member State under migratoryat risk of pressure should take in the field of migration management, and in particular in the field of asylum and returnto enhance its reception capacity or address shortcomings in its ability to fulfil its obligations in compliance with EU and international law;
Amendment 2295 #
2020/0279(COD)
Proposal for a regulation
Article 51 – paragraph 3 – point b – point ii
Article 51 – paragraph 3 – point b – point ii
(ii) measures referred to in Article 45(1), points (a), (b) and (c) to be taken by other Member States;The number of relocation places needed to reduce the risk of pressure
Amendment 2298 #
2020/0279(COD)
Proposal for a regulation
Article 51 – paragraph 3 – point b – point iii
Article 51 – paragraph 3 – point b – point iii
Amendment 2301 #
2020/0279(COD)
Proposal for a regulation
Article 51 – paragraph 4
Article 51 – paragraph 4
4. Where the Commission consicluders that a rapid response is required due to a developing situation in a Member Statethe Member State concerned is no longer merely at risk but actively under pressure and a rapid response is required, it shall submit its report within two weeks at the latest from the date on which it informed the European Parliament, the Council and the Member States pursuant to Article 50(2) that it was carrying out an assessment.
Amendment 2307 #
2020/0279(COD)
Proposal for a regulation
Article 52 – title
Article 52 – title
Amendment 2311 #
2020/0279(COD)
Proposal for a regulation
Article 52 – paragraph 1
Article 52 – paragraph 1
1. Where the report referred to in Article 51 indicates that a Member State is under migratory pressure, the other Member States which are not themselves benefitting Member States shall contribute by means of the solidarity contributions referred to inthe asylum or reception system of a Member State is at risk of pressure, Article 425(1), points (a), (b) and (c)b) and 49(3) shall apply. Member States shall prioritise the relocation of unaccompanied minors and other persons in a vulnerable situation.
Amendment 2315 #
2020/0279(COD)
Amendment 2324 #
2020/0279(COD)
Proposal for a regulation
Article 52 – paragraph 3
Article 52 – paragraph 3
Amendment 2335 #
2020/0279(COD)
Proposal for a regulation
Article 52 – paragraph 4
Article 52 – paragraph 4
Amendment 2346 #
2020/0279(COD)
Proposal for a regulation
Article 52 – paragraph 5
Article 52 – paragraph 5
5. A Member State proposing solidarity contributions set out in Article 51(3)(b)(ii), may request a deduction of 10% of its share calculated according to the distribution key set out in Article 54 where it indicates in the Solidarity Response Plans that over the preceding five years it has examined twice the Union average per capita of applications for international protection.
Amendment 2354 #
Amendment 2377 #
Amendment 2381 #
2020/0279(COD)
Proposal for a regulation
Article 54 – paragraph 1 – introductory part
Article 54 – paragraph 1 – introductory part
The share of solidarity contributions referred to in Article 45(1), points (a), (baa) and (c) to be provided by each Member State in accordance with Articles 48 and 53 shall be calculated in accordance with the formula set out in Annex III and shall be based on the following criteria for each Member State, according to the latest available Eurostat data:
Amendment 2384 #
2020/0279(COD)
Proposal for a regulation
Article 54 – paragraph 1 – point a
Article 54 – paragraph 1 – point a
(a) the size of the population (350% weighting);
Amendment 2391 #
2020/0279(COD)
Proposal for a regulation
Article 54 – paragraph 1 – point b
Article 54 – paragraph 1 – point b
(b) the total GDP (350% weighting).
Amendment 2395 #
2020/0279(COD)
Proposal for a regulation
Article 54 – paragraph 1 – point b a (new)
Article 54 – paragraph 1 – point b a (new)
(ba) the average number of asylum requests processed per one million inhabitants (15% weighting)
Amendment 2400 #
2020/0279(COD)
Proposal for a regulation
Article 54 – paragraph 1 – point b b (new)
Article 54 – paragraph 1 – point b b (new)
(bb) the average number of resettled or admitted refugees per one million inhabitants (15% weighting)
Amendment 2403 #
Amendment 2429 #
2020/0279(COD)
Proposal for a regulation
Article 56
Article 56
Amendment 2447 #
2020/0279(COD)
Proposal for a regulation
Article 57 – paragraph 1 – point a
Article 57 – paragraph 1 – point a
(a) persons referred to in Article 45(1), points (a), (a a) and (c) and in Article 45(2), point (a);
Amendment 2448 #
2020/0279(COD)
Proposal for a regulation
Article 57 – paragraph 1 – point b
Article 57 – paragraph 1 – point b
Amendment 2452 #
2020/0279(COD)
Proposal for a regulation
Article 57 – paragraph 2
Article 57 – paragraph 2
Amendment 2460 #
2020/0279(COD)
Proposal for a regulation
Article 57 – paragraph 3 – introductory part
Article 57 – paragraph 3 – introductory part
3. Where relocation is to be applied, the benefitting Member State shall identify the persons who could be relocated. Where the person concerned is an applicant for or a beneficiary of international protection, tThat Member State shall take into account, where applicable, the existence of meaningful links between the person concerned and the Member State of relocation. WThere the identified person to be relocated is a beneficiary for international protection, t applicant shall be informed and consulted in the process of determining meaningful links, shall have the opportunity to present relevant information and documentation and shall have the right to object to such categorisation. Where meaningful links exist in more than one Member State, the choice of the applicant shall prevail. Where no meaningful links can be determined, the procedure in Article 23b shall apply. The person concerned shall be relocated only after that personving consented to relocation in writing.
Amendment 2471 #
2020/0279(COD)
Proposal for a regulation
Article 57 – paragraph 3 – subparagraph 2
Article 57 – paragraph 3 – subparagraph 2
Amendment 2481 #
2020/0279(COD)
Proposal for a regulation
Article 57 – paragraph 4
Article 57 – paragraph 4
Amendment 2485 #
2020/0279(COD)
Proposal for a regulation
Article 57 – paragraph 6
Article 57 – paragraph 6
Amendment 2490 #
2020/0279(COD)
Proposal for a regulation
Article 57 – paragraph 7 – introductory part
Article 57 – paragraph 7 – introductory part
7. Where there are no reasonable grounds to consider the person concerned a danger to its national security or public order, tThe Member State of relocation shall confirm within one week that it will relocate the person concerned.
Amendment 2493 #
2020/0279(COD)
Proposal for a regulation
Article 57 – paragraph 7 – subparagraph 1
Article 57 – paragraph 7 – subparagraph 1
Amendment 2504 #
2020/0279(COD)
Proposal for a regulation
Article 57 – paragraph 11
Article 57 – paragraph 11
11. The Commission is empowered to adopt delegated acts in accordance with Article 68 concerning conditions for the preparation of information and documents for the purpose of relocation. In exercising its powers, the Commission shall consult the Asylum Agency and the EU Relocation Coordinator. The Commission shall, by means of implementing acts, adopt uniform conditions for the preparation andprocedures for the submission of information and documents for the purpose of relocation. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 67(2).
Amendment 2510 #
2020/0279(COD)
Proposal for a regulation
Article 58 – paragraph 1
Article 58 – paragraph 1
1. The Member State of relocation shall inform the benefitting Member State and the EU Relocation Coordinator of the safe arrival of the person concerned or of the fact that he or she did not appear within the set time limit.
Amendment 2515 #
2020/0279(COD)
Proposal for a regulation
Article 58 – paragraph 2 – introductory part
Article 58 – paragraph 2 – introductory part
2. Where tThe Member State of relocation shas relocated anll be responsible for examining the applicantion for whom the Member State responsible has not yet been determined, that Member State shall apply the procedures set out in Part III, with the exception of Article 8(2),international protection. The Member State of relocation shall indicate its responsibility in Eurodac pursuant to Article 911(1) and (2), Article 15(5), and Article 21(1) and (2)of Regulation (EU) XXX/XXX [EurodacRegulation].
Amendment 2517 #
2020/0279(COD)
Proposal for a regulation
Article 58 – paragraph 2 – subparagraph 1
Article 58 – paragraph 2 – subparagraph 1
Amendment 2527 #
2020/0279(COD)
Proposal for a regulation
Article 58 – paragraph 5
Article 58 – paragraph 5
Amendment 2534 #
2020/0279(COD)
Proposal for a regulation
Article 59 – paragraph 1
Article 59 – paragraph 1
The benefitting and contributing Member States shall keep the Commission and the EU Relocation Coordinator informed on the implementation of solidarity measures taken on a bilateral level including measures of cooperation with a third country.
Amendment 2537 #
2020/0279(COD)
Proposal for a regulation
Article 60 – paragraph 1
Article 60 – paragraph 1
Amendment 2548 #
2020/0279(COD)
Proposal for a regulation
Article 62 – paragraph 1
Article 62 – paragraph 1
1. Without prejudice to Section 2 of Chapter IV of Regulation (EU) 2016/679, Member States shall implement appropriate technical and organisational measures to ensure the security of personal data processed under this Regulation and in particular to prevent unlawful or unauthorised access or disclosure, alteration or loss of personal data processed.
Amendment 2549 #
2020/0279(COD)
Proposal for a regulation
Article 62 – paragraph 2
Article 62 – paragraph 2
2. TWithout prejudice to Chapter VI of Regulation(EU) 2016/679 the competent supervisory authority or authorities of each Member State shall monitor and enforce the lawfulness of the processing of personal data by the authorities referred to in Article 41 of the Member State in question.
Amendment 2552 #
2020/0279(COD)
Proposal for a regulation
Article 63 – paragraph 1
Article 63 – paragraph 1
Without prejudice to Section 2 of Chapter IV of Regulation (EU) 2016/679, Member States shall ensure that the authorities referred to in Article 41 are bound by the confidentiality rules provided for in national law, in relation to any information they obtain in the course of their work.
Amendment 2557 #
2020/0279(COD)
Proposal for a regulation
Article 68 – paragraph 2
Article 68 – paragraph 2
2. The power to adopt delegated acts referred to in Articles 15(63(7), 15(6), 24(3), 29(3), 30(4), 37(4),57(11) and 24(3)3c shall be conferred on the Commission for a period of 53 years from the date of entry into force of this Regulation. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the 5- 3-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period.
Amendment 2558 #
2020/0279(COD)
Proposal for a regulation
Article 68 – paragraph 3
Article 68 – paragraph 3
3. The delegation of power referred to in Articles 15(63(7), 15(6), 24(3), 29(3), 30(4), 37(4), 57(11) and 24(3)3c may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.
Amendment 2559 #
2020/0279(COD)
Proposal for a regulation
Article 68 – paragraph 6
Article 68 – paragraph 6
6. A delegated act adopted pursuant to Articles 15(63(7), 15(6), 24(3), 29(3), 30(4), 37(4), 57(11) and 24(3)3c shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two months of notification of that act to the European Parliament and to the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.
Amendment 2581 #
2020/0279(COD)
Proposal for a regulation
Article 72 – paragraph 1 – point 2
Article 72 – paragraph 1 – point 2
Regulation (EU) 2021/1147
Article 17 – paragraph 1 – point b
Article 17 – paragraph 1 – point b
(b) EUR [10 000] per beneficiary of international protection relocated, including beneficiaries of prima facie refugee status, in accordance with Articles 53 and 56 of Regulation (EU) XXX/XXX [Asylum and Migration Management Regulation]; (Article 72 of the Commission proposal contains amendments to the text of the proposal for a regulation establishing the Asylum and Migration Fund (COM(2018)0471). That regulation was subsequently adopted as Regulation (EU) 2021/1147 and several of its provisions were renumbered. Therefore, Article 17 of Regulation (EU) XXX/XXX [Asylum and Migration Fund], as referred to in Article 72 of the Commission proposal, corresponds to Article 20 of Regulation (EU) 2021/1147.)
Amendment 2583 #
2020/0279(COD)
Proposal for a regulation
Article 72 – paragraph 1 – point 2
Article 72 – paragraph 1 – point 2
Regulation (EU) 2021/1147
Article 17 – paragraph 1 – point c
Article 17 – paragraph 1 – point c
Amendment 2587 #
2020/0279(COD)
Proposal for a regulation
Article 72 – paragraph 1 – point 2
Article 72 – paragraph 1 – point 2
Regulation (EU) 2021/1147
Article 17 – paragraph 1 – point d
Article 17 – paragraph 1 – point d
(d) The contribution in points (a), (b) and (cb) is increased to EUR [12 000] for each unaccompanied minor or other person in a vulnerable situation relocated in accordance with Article 48, Article 53 and Article 56 of Regulation (EU) XXX/XXX [Asylum and Migration Management Regulation]. (Article 72 of the Commission proposal contains amendments to the text of the proposal for a regulation establishing the Asylum and Migration Fund (COM(2018)0471). That regulation was subsequently adopted as Regulation (EU) 2021/1147 and several of its provisions were renumbered. Therefore, Article 17 of Regulation (EU) XXX/XXX [Asylum and Migration Fund], as referred to in Article 72 of the Commission proposal, corresponds to Article 20 of Regulation (EU) 2021/1147.)
Amendment 2 #
2019/2206(INI)
Motion for a resolution
Citation 3
Citation 3
— having regard to Articles 1, 2, 3, 4, and 18, 19 and 47 of the Charter of Fundamental Rights of the European Union,
Amendment 5 #
2019/2206(INI)
Motion for a resolution
Citation 4
Citation 4
— having regard to Articles 2, 3, 5, 8 and 813 of the European Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR),
Amendment 9 #
2019/2206(INI)
Motion for a resolution
Citation 6 a (new)
Citation 6 a (new)
— having regard to the UN Global Compact on Refugees,
Amendment 19 #
2019/2206(INI)
Motion for a resolution
Recital A
Recital A
A. whereas 2.5 million people applied for asylum in the European Union in the period 2015-2016, a fourfold increase676 300 people or 0.13% of the total population of the EU applied for asylum in the European Union in 2019, an increase of 1.2% compared to 2018 and a decrease of 420% compared to 2012-20135;
Amendment 28 #
2019/2206(INI)
Motion for a resolution
Recital B
Recital B
B. whereas one-third of the Member States currently play host to 90% of asylum seek, as a consequence of implementation of Article 13, according to which it is the responsibility of the Member State of first entry to examine an asylum application, responsibilities are not distributed fairly among the Member States; whereas one-third of the Member States currently play host to 90% of asylum seekers; whereas some Member States have transferred roughly the same number of asylum seekers as they have received from other Member States, in practice thereby largely negating the redistributive effect of Dublin transfers;
Amendment 39 #
2019/2206(INI)
Motion for a resolution
Recital C
Recital C
C. whereas in the case of most asylum applications the provisions on the hierarchy of criteria and the deadlines laid down as part of the Dublin procedures are not metproperly implemented and transfers are not carried out; whereas in situations involving children and families, these shortcomings are particularly harmful to the best interests of the child and the right of asylum seekers to family reunification;
Amendment 42 #
2019/2206(INI)
Motion for a resolution
Recital C a (new)
Recital C a (new)
Ca. whereas data on the implementation of the Dublin Regulation demonstrate a systematic inability to correctly apply the provisions on families and the principle of the primacy of the best interests of the child, which results in pointless, unreasonable transfer procedures; whereas effective implementation of Articles 16 and 17 of the Regulation might ensure the effectiveness of asylum seekers' right to family life and family unity;
Amendment 47 #
2019/2206(INI)
Motion for a resolution
Recital C b (new)
Recital C b (new)
Cb. whereas only very limited use has been made by the Member States of the humanitarian and discretionary clauses in the Regulation;
Amendment 90 #
2019/2206(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Considers that the Dublin system places a significant burden on a minority of Member States, in particular when influxes of migrants occurcurrent Dublin Regulation imposes a disproportionate responsibility on a minority of Member States; takes the view that the EU therefore needs a sustainable solidarity mechanism which makes for fair sharing of burdens and responsibility among Member States, including through relocation on the basis of objective criteria of asylum seekers who are manifestly eligible for asyluma fair distribution of asylum seekers;
Amendment 103 #
2019/2206(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Stresses that ad hoc agreements are no substitute for a harmonised and sustainable policy at EU level; deplores the fact that efforts to overhaul the Dublin III Regulation have been blocked in the Council, in spite of the well-documented failings of the Regulation; takes the view that the blocking might be interpreted as a violation of the principle of mutual sincere cooperation between the EU institutions as set out in Article 13(2) TEU, also in view of the fact that the Council has always sought unanimous agreement even though a qualified majority would suffice; draws attention to the adoption by the European Parliament on 6 November 2017 of the report on the proposal for a regulation of the European Parliament and of the Council establishing the criteria and mechanisms for determining the Member State responsible for examining an asylum application lodged in one of the Member States by a third-country national or a stateless person (recast) and calls on the Commission and the Council to take up Parliament's call, as a matter of urgency, for a sustainable, human and solidarity- based policy for the distribution of responsibilities at EU level, in line with the aforementioned report;
Amendment 115 #
2019/2206(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
Amendment 131 #
2019/2206(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. CNotes the very infrequent application of Article 17(2) and calls on the Member States to make better use of the discretionary clause in Article 17 when exceptional circumstances so warrant, for example to relocate asylum seekers currently living in the Greek hotspots in an atmosphere of extreme tension and to provide decentignified reception conditions;
Amendment 135 #
2019/2206(INI)
4a. Urges the Member States, with the support of the Commission, to structure the Dublin units efficiently and to boost their human resources with the aim of improving the Dublin procedures, particularly those dealing with family reunification;
Amendment 137 #
2019/2206(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
Amendment 153 #
2019/2206(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Highlights the significant operational backmany challenges involved with implementing forthe Dublin procedures provided byRegulation and notes that the European Asylum Support Office (EASO) in the hotspotprovides crucial support to Member States' authorities in implementing the Dublin procedures; calls on the Commission and the Member States to facilitate the work of EASO staff by allowingensure that interviews take place in a language other than that of the country in which they are conductewhich asylum seekers understand; calls for the establishment of a European Asylum Agency, with sufficient financial and human resources;
Amendment 164 #
2019/2206(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Points out that the protection of fundamental rights must be at the heart of the measures taken to implement the Dublin III Regulation, including the protection of children, victims of trafficking and the mostall other vulnerable people;
Amendment 168 #
2019/2206(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Notes that, as set out in Article 28, detention of asylum seekers under the Dublin procedures may take place only as a last resort, only if it complies with the proportionality principle and no alternative and less coercive measure can be efficiently applied in order to ensure the transfer procedures can be carried out, and if there is a serious risk of absconding;
Amendment 178 #
2019/2206(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Calls on the Commission to monitor compliance with the hierarchy of criteria more closely; regards it as essential to clarify the conditions for applying the family reunification criterion and to harmonisegive priority, as set out in Article 7, to the application of Articles 8, 9 and 10 as the main criteria for determining the Member State responsible for examining an asylum application, in order to ensure the effectiveness of the right to family unity and reunification and to harmonise and increase the flexibility of the standard of proof required; calls on the Member States and the Commission to always prioritise and protect the best interests of children and to clarify the criteria for keeping children in detentionnotes that, in accordance with the United Nations Convention on the Rights of the Child and the recommendations of the UN Committee on the Rights of the Child, detaining children in the context of migration management is never in their best interests;
Amendment 189 #
2019/2206(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Stresses that transfers under the Dublin Regulation must never expose people to the risk of refoulement;
Amendment 204 #
2019/2206(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Stresses that the number of transfer procedures has increased significantly, generating considerable human, material and financial costs; deplorespoints out, however, the fact that in only 11% of cases are transfers actually carried out, a further factor in the permanent overloading of asylum systemsat transfers are carried out in only 11% of cases, which clearly demonstrates the inefficiency of the Dublin Regulation; stresses the lack of cooperation and information-sharing between Member States; regards efforts to combat secondary movements as essentialguarantee access to in forder to reduce the number of transfer requests; proposes that the conditions which trigger transfer procedures be clarified and harmonisedmation and swift procedures for family reunification and the transfer of asylum seekers as essential;
Amendment 215 #
2019/2206(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Considers that in some cases the rules on transfer of responsibility under Dublin III undermine the efficiency of asylum procedures and the carrying-out of transfers and contribute to the increase in the number of secondary movements by encouraging asylum-seekers to remain outside the system, incorrect application of the rules on the hierarchy of criteria, particularly regarding family reunification and the situation of unaccompanied children, puts the efficiency of asylum procedures at risk and helps increase the danger of absconding; stresses that requests for transfers are rarely successful, which leaves asylum seekers in an unnecessarily uncertain situation and runs counter to the objective of the Dublin Regulation, which aims to ensure efficient, effective access to asylum procedures; calls on the Commission to revistackle the rules, main failing order to give Member States sufficient time to carry out transfers and do away with transfer of responsibility in casesf the Dublin Regulation, namely the automatic assigning of the responsibility for examining asylum applications to the country of first entry, and to propose a system where anby asylum seeker abscondss' existing connections to some Member States are duly taken into consideration;
Amendment 223 #
2019/2206(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Considers thatUrges the Member States, with the support of the Commission and the European Asylum Support Office, to providinge asylum seekerapplicants with clegal assistance in connecar and accessible information wion the Dublin procedures, inwith particular in the hotspots, would simplify the process of obtainregard to family reunification, ing asylum and improve decision-making; calls on thccordance with Articles 4 and 26 of the Regulation, and access to an effective Mrember States to improve the information made available to asylum seekers on the complex Dublin procedures, to ensure that it is clear and accessible to everyedy and legal assistance, in accordance with Article 27; considers that providing asylum seekers with legal assistance in connection with Dublin procedures would facilitate the proper functioning of the Dublin Regulatione;
Amendment 234 #
2019/2206(INI)
Motion for a resolution
Subheading 4
Subheading 4
Amendment 236 #
2019/2206(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Stresses that the principle of a single asylum application in the EU is consistently flouted, a state of affairs at odds with the very purposeIs particularly preoccupied by incorrect application of the Dublin Regulation, especially in terms of the hierarchy of criteria and the use of humanitarian and discretionary clauses, which partly explains the irregular movements of asylum applicants, as the system takes no account of the family and social links of applicants with some Member States or of preoccupations linked to protection or health when responsibility for examining an asylum application is designated to a particular Member State; considers that, in accordance with Recital 30, the Eurodac system, set up by Regulation (EU) No 603/2013, should facilitate the proper application of the Dublin III Regulation; consider and regrets that, on the competent national authorities should share their relevant information on a European database such as Eurodac, in order to speed up procedures and prevent multiple asylum applications, while protecting personal datantrary, the facts show that the Member States often pay no heed to the hierarchy of criteria set out in Article 7 of the Regulation, preferring the more automatic application of the 'positive results' of Eurodac to determine a responsible Member State, without conducting a prior assessment of the applicability of criteria which should normally take priority, such as family unity; stresses that this gap aggravates failings in the proper application of the Dublin Regulation as a whole;
Amendment 243 #
2019/2206(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
Amendment 256 #
2019/2206(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Takes the view thatUrges closer cooperation between national asylum authorities is needed, in order to share information and streamline transferharmonise best practices; proposes that EASO be given the task of drawing up enhanced governance arrangements for the application of the Dublin III Regulation, including a monthly operational dialogue between national authorities, and a platform for the exchange and sharing of information and best practices;
Amendment 258 #
2019/2206(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Calls on the Commission and the Member States to include, among the sources used to monitor implementation of the Regulation, reliable, up-to-date information provided by international organisations and NGOs, particularly in order to identify possible illegal practices;
Amendment 260 #
2019/2206(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
Amendment 272 #
2019/2206(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
Amendment 283 #
2019/2206(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Urges the Commission and the Council to work towards convergence in the bilateral agreements concluded between Member States and with third countries, in orderMember States to take measures to optimise effective implementation of the Dublin III Regulation and the related guarantees;