2655 Amendments of Isabella TOVAGLIERI
Amendment 12 #
2023/2110(INI)
Motion for a resolution
Recital C
Recital C
C. whereas the EU recognises the potential of start-ups and scale-ups to drive innovation, economic growth and job creation within the EU, address societal challenges, promote a sustainability and contribute to the objectives set out le pathway for Europe’s energy transition, as well as recognising the European Green Deal,ir potential in the digital Europe programme, the new European innovation agenda and the updated EU industrial strategy;
Amendment 53 #
2023/2110(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Calls on the Commission and the Member States to develop comprehensive policies, regulations and strategies that are aligned withstrategies that support the European start- up and scale-up initiative, while avoiding overregulation, and foster a favourable environment for start-ups and scale-ups, encompassing access to finance, regulatory simplification, talent retention and acquisition, and support for internationalisation;
Amendment 73 #
2023/2110(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Welcomes the creation of the European Innovation Council Fund to support innovative start-ups, designed to ensure easy access, fast transfer and effective use of these means;
Amendment 96 #
2023/2110(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Encourages the European Investment Fund and national development banks to increase their investments in start- ups and scale-ups, particularly those operating in emerging and high-potential sectors and whose share capital is primarily owned by under 35s;
Amendment 117 #
2023/2110(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Calls onEncourages the Member States and the Commission, where applicable, to establish entrepreneur-friendly tax regimes, incentives and simplified administrative procedures to attract and retain talent, incentivise investment, also through tax breaks for private investors who decide to support start-ups and scale-ups, and encourage entrepreneurship;
Amendment 146 #
2023/2110(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Recommends the establishment of regional start-up ecosystems that support local entrepreneurship, innovation hubs and incubators, and leverage each region’s strengths and resources; encourages these regional start-up ecosystems to provide opportunities for ideas and best practices to be exchanged;
Amendment 152 #
2023/2110(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Encourages the Commission to consideassess the need for further measures to open up government and public sector data sets, in compliance with current regulations and in line with the European data strategy, enabling real-time data insights that empower better decision- making and drive innovation for start-ups and scale-ups;
Amendment 160 #
2023/2110(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Urges the Commission to consideassess the need for additional measures to ensure that start-ups and scale-ups are able to access and use data for research and to apply AI technology to solve day-to-day challenges, and that they benefit from the widest possible range of public and private data setspublic and private data sets, in compliance with current regulations and in line with the European data strategy;
Amendment 168 #
2023/2110(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Implores the Commission to develop and adopt a ‘Start-up Test’, along the same lines as the SME Test that it adopted in 2021, in order to better assess the impact of legislation focusing on innovation, financing and competitiveness, and ensure that there is not overregulation discouraging the creation and development of start-ups in Europe;
Amendment 48 #
2023/2109(INI)
Motion for a resolution
Recital D
Recital D
D. whereas SMRs 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 enhanceda high level of inherent safety and security compared to earlier designs as well as the improved waste management offered by certain technologies;
Amendment 141 #
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 which can supplement and stabilise intermittent renewable sources;
Amendment 157 #
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 conducive policy and regulatory framework which facilitates connection to the grid is in place;
Amendment 164 #
2023/2109(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Recognises that the implementation of appropriate contractual and financial mechanisms (such as long-term bilateral contracts, power purchase agreements, etc.) is needed to provide long-term predictability;
Amendment 188 #
Amendment 194 #
2023/2109(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Recognises that the business model of SMR producers will rely on the series effect of building a large number of similar SMRs in different countries; notes that design standardisation isof design and the licensing process are key to unlocking the competitive advantages of mass production;
Amendment 206 #
2023/2109(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Emphasises that regulatory bodies should create, including by means of multilateral agreements and cooperation, the conditions to ease the licensing process of SMRs;
Amendment 208 #
2023/2109(INI)
Motion for a resolution
Paragraph 21 a (new)
Paragraph 21 a (new)
21a. 21a. (new): Stresses the overriding importance of guaranteeing, also taking into account mutual interactions, the three essential 'S's of using nuclear energy for peaceful purposes (safety, security and safeguards) and of investigating the specific and peculiar aspects of small modular reactors and their fuel cycles;
Amendment 209 #
2023/2109(INI)
Motion for a resolution
Paragraph 21 b (new)
Paragraph 21 b (new)
21b. 21b. (new): Invites European utilities to develop specific requirements for the use of small modular reactors and their electrical and non-electrical applications, also in cooperation with other international utilities.
Amendment 226 #
2023/2109(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Welcomes the fact 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, focused on the factors enabling the rapid development and use of technology in Europe;
Amendment 234 #
2023/2109(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Calls for the establishment of a new joint undertakcollaboration and participation between the European nuclear industry to be fostered and financed with a view to developing ofor SMRs and advanced modular reactor technology;
Amendment 251 #
2023/2109(INI)
Motion for a resolution
Paragraph 27
Paragraph 27
27. Recognises the importance of identifying the main challenges in adapting the value chain to the specific characteristics of SMRs compared with high-power reactors and the need for consultations both with vendors and a large number of supply chain suppliers, as well as with the utilities that will have to acquire and subsequently operate these reactors;
Amendment 268 #
2023/2109(INI)
29. Emphasises that R&D should not only focus on the needs of the first generation of SMR light water reactors, expecte, which are expected to be connected to the grid by the beginning of the 2030s, but should also further support fourth- generation types of reactors, the so-called ‘advanced modular reactors’ and their advanced fuels and fuel cycles;
Amendment 284 #
Amendment 286 #
2023/2109(INI)
Motion for a resolution
Paragraph 32
Paragraph 32
32. Recognises the need to provide uniform rules regarding the responsibility of SMR owners or licensees for the handling and storage of radioactive waste, the supply of fuel, as well as for the recycling of spent nuclear fuel, which must be carried out with a view to reducing long-lived waste and minimising geological disposal;
Amendment 299 #
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 the development of SMRs and in cross-border cooperation;
Amendment 55 #
2023/0323(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) This Regulation should be without prejudice to shorter periods which may be provided for in national law, and which are more favourable to the creditor. Likewise, Member States, if they deem it appropriate, may provide for indirect forms of compensation for undertakings which are creditors within the meaning of Article 2(9) of this Regulation.
Amendment 125 #
2023/0323(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 7
Article 2 – paragraph 1 – point 7
(7) ‘procedure of acceptance or verification’ means the procedure for ascertaining the conformity of the goods delivered or services provided, with the requirements of the contract as well as the verification of the correctness and conformity of the invoice;
Amendment 151 #
2023/0323(COD)
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
1. In commercial transactions, the payment period shall not exceed 30 calendar days, from the date of the receipt of the invoice or an equivalent request for payment by the debtor, provided that the debtor has received the goods or services and without prejudice to the provisions laid down in Article 10 of this Regulation. This period shall apply both to the transactions between undertakings and between public authorities and undertakings. The same payment period shall also apply to the supply of non- perishable agricultural and food products on a regular and non-regular basis as referred to in Articles 3(1)(a), point (i), second indent and 3(1)(a), point (ii), second indent of Directive (EU) 2019/633, unless Member States provide for a shorter payment period for such products.
Amendment 158 #
2023/0323(COD)
Proposal for a regulation
Article 3 – paragraph 1 – subparagraph 1 (new)
Article 3 – paragraph 1 – subparagraph 1 (new)
This Regulation shall be without prejudice to the ability of parties to agree, subject to the relevant provisions of applicable national law, on payment schedules providing for instalments.
Amendment 175 #
2023/0323(COD)
Proposal for a regulation
Article 3 – paragraph 2
Article 3 – paragraph 2
2. A procedure of acceptance or verification may be exceptionally provided for in national law only where strictly necessary due to the specific nature of the goods or services. In that case, the contract shall describe the details of the procedure of acceptance or verification, including its duration.
Amendment 196 #
2023/0323(COD)
Proposal for a regulation
Article 3 – paragraph 4 a (new)
Article 3 – paragraph 4 a (new)
4a. The payment period set out in paragraph 1 is also without prejudice to national rules on grouping invoices received by the debtor from the same creditor during a limited period of time.
Amendment 234 #
2023/0323(COD)
Proposal for a regulation
Article 5 – paragraph 2 – introductory part
Article 5 – paragraph 2 – introductory part
2. Interest for late payment shall be automatically due by the debtor to the creditor, without the creditor needing to send a reminder, where the following conditions are satisfied:
Amendment 237 #
2023/0323(COD)
Proposal for a regulation
Article 5 – paragraph 3
Article 5 – paragraph 3
Amendment 275 #
2023/0323(COD)
Proposal for a regulation
Article 9 – paragraph 1 – point d a (new)
Article 9 – paragraph 1 – point d a (new)
(da) refusing of, opposing or not consent to the assignment of credits to supervised intermediaries.
Amendment 403 #
2023/0323(COD)
Proposal for a regulation
Article 20 – paragraph 2
Article 20 – paragraph 2
2. It shall apply from [OP: please insert the date = 124 months after the date of entry into force of this Regulation].
Amendment 89 #
2023/0290(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) Essential safety requirements for toys should ensure protection from all relevant health and safety hazards posed by toys, for users or third parties. Particular safety requirements should cover the physical and mechanical properties, flammability, chemical properties, electrical properties, hygiene and radioactivity to ensure that the safety of children, and in particular of children with disabilities, is adequately protected against those specific hazards. Since it is possible that toys which present hazards that are not covered by a particular safety requirement might exist or be developed, it is necessary to maintain a general requirement of safety to ensure protection of children in respect of such toys. The safety of toys should be determined by reference to the intended use, while taking into account also the foreseeable use, and bearing in mind the behaviour of children, who do not generally show the same degree of care as the average adult user. Together, the general safety requirement and the particular safety requirements should form the essential safety requirements for toys.
Amendment 152 #
2023/0290(COD)
Proposal for a regulation
Article 2 – paragraph 1 – subparagraph 2
Article 2 – paragraph 1 – subparagraph 2
For the purposes of this Regulation, a product shall be considered to be intended for use in play by children under 14 years of age, or by children of any other specific age group below 14 years, where a parent or supervisor can reasonably assume, by virtue of the functions, dimensions and characteristics of that product, that it is intended for use in play by children of the relevant age group.
Amendment 186 #
2023/0290(COD)
Proposal for a regulation
Article 5 – paragraph 2 – subparagraph 1
Article 5 – paragraph 2 – subparagraph 1
Toys shall not present a risk to the safety or health of users or third parties, including the psychological and mental health, well- being and cognitive development of children, when they are used as intended or in a foreseeable way, bearing in mind the behaviour of children.
Amendment 192 #
2023/0290(COD)
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
1. Where necessary to ensure their safe use, toys shall bear a general warning specifying appropriate user limitations. The user limitations shall include at least the minimum or maximum age of the user and, where appropriate, the required abilities of the user, the maximum or minimum weight of the user and the need to ensure that the toy is used only under adult supervision.
Amendment 215 #
2023/0290(COD)
Proposal for a regulation
Article 7 – paragraph 8 – subparagraph 1
Article 7 – paragraph 8 – subparagraph 1
Where manufacturers consider, or have reason to believe, on the basis of the information in that manufacturer's possession, that a toy which they have placed on the market is not in conformity with this Regulation, they shall immediately take the corrective measures necessary to bring that toy into conformity, withdraw it or recall it, as appropriate.
Amendment 218 #
2023/0290(COD)
Proposal for a regulation
Article 7 – paragraph 8 – subparagraph 2 – introductory part
Article 7 – paragraph 8 – subparagraph 2 – introductory part
Where manufacturers consider, or have reason to believe, on the basis of the information in that manufacturer's possession, that a toy presents a risk, they shall immediately provide information thereof to:
Amendment 233 #
2023/0290(COD)
Proposal for a regulation
Article 8 – paragraph 3 – point c
Article 8 – paragraph 3 – point c
(c) cooperate with the competent national authorities, at their request, on any action taken to eliminate in an effective manner the risks posed by toys covered by the mandate.
Amendment 273 #
2023/0290(COD)
Proposal for a regulation
Article 12 a (new)
Article 12 a (new)
Article12a Obligations of economic operators in the case of distance sales Where economic operators make toys available on the market online or through other means of distance sales, the offer of those toys shall clearly and visibly indicate at least the following information: (a) name, registered trade name or registered trade mark of the manufacturer, as well as the postal and electronic address at which they can be contacted; (b) where the manufacturer is not established in the Union, the name, postal and electronic address of the responsible person within the meaning of Article 16(1) of this Regulation or Article 4(1) of Regulation (EU) 2019/1020 and; (d) any warning or safety information to be affixed to the toy or to the packaging or included in an accompanying document in accordance with this Regulation or the applicable Union harmonisation legislation in a language which can be easily understood by consumers, as determined by the Member State in which the toy is made available on the market.
Amendment 349 #
2023/0290(COD)
Proposal for a regulation
Article 28 – paragraph 10
Article 28 – paragraph 10
10. The personnel of a conformity assessment body shall observe professional secrecy with regard to all information obtained in carrying out their tasks under Annex IV, except in relation to the competent authorities of the Member State in which its activities are carried out. Intellectual property rights and trade secrets, in accordance with Directive (EU) 2016/943 shall be protected.
Amendment 357 #
2023/0290(COD)
Proposal for a regulation
Article 41 – paragraph 9
Article 41 – paragraph 9
9. The information referred to in paragraphs 2, 4, 6 and 8 of this Article shall be communicated through the information and communication system referred to in Article 34 of Regulation (EU) 2019/1020. That communication shall not affect the obligation on market surveillance authorities to notify measures taken against products presenting a serious risk in accordance with Article 20 of Regulation (EU) 2019/1020 and strictly enforce Article 19 of Regulation (EU) 2019/1020 given the vulnerability of children to defective, unsafe or counterfeit products.
Amendment 430 #
2023/0290(COD)
Proposal for a regulation
Annex II – Part A – point 2
Annex II – Part A – point 2
2. N-nitrosamines and N-nitrosatable substances are prohibited in toys where the migration of those substances is equal to or higher than: a) toys intended for use by children under 36 months or in other toys intendedand intended or likely to be placed into the mouth where the migration of those substances is equal to or higher than 0,01 mg/kg for nitrosamines and 0,1 mg/kg for: N-nitrosamines mg/kg: 0,01; N- nitrosatable substances mg/kg: 0,1 b) toys intended for use by children under 36 months not covered by a): N-nitrosamines mg/kg: 0,05; N- nitrosatable substances mg/kg: 1 c) toys intended for use by children of 36 months and over and intended to be placed into the mouth: N-nitrosamines mg/kg: 0,05; N- nitrosatable substances mg/kg: 1 d) balloons: N-nitrosamines mg/kg: 0,05; N- nitrosatable substances mg/kg: 1 e) finger paints: N-nitrosamines mg/kg: 0,02; N- nitrosatable substances. mg/kg: 1
Amendment 135 #
2023/0156(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) In order to provide for effective means of achieving the objectives of the customs union, a number of rules and procedures regulating how goods are brought into or taken out of the customs territory of the Union should be revised and, simplified and harmonized. A modern, integrated set of interoperable electronic services should be provided for collecting, processing and exchanging information relevant for implementing customs legislation (European Union Customs Data Hub, ‘EU Customs Data Hub’). A European Union Customs Authority (‘EU Customs Authority’) should be established as a central, operational capacity for the coordinated governance of the customs union in specific areas.
Amendment 166 #
2023/0156(COD)
Proposal for a regulation
Recital 36
Recital 36
(36) The non-Union goods that are brought to the customs territory of the Union should be considered to be in temporary storage from the moment the carrier notifies their arrival until their placement under a customs procedure unless they are already placed in transit. To ensure appropriate customs supervision, this situation should be limited in time. It should not last more than 10 days, except in exceptional cases. If the importer needs to store the goods for a longer period, the goods should be in a customs warehouse, where the goods can be stored without time limit. The existing authorisations for temporary storage locations should therefore be converted into customs warehouse authorisations if the relevant requirements are met.
Amendment 198 #
2023/0156(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point 18 –point b
Article 5 – paragraph 1 – point 18 –point b
(b) pose a threat to the security and safety of theUnion and itspublic health ofUnion citizens and residents; or
Amendment 229 #
2023/0156(COD)
Proposal for a regulation
Article 25 – paragraph 1
Article 25 – paragraph 1
1. An importer or exporter,, exporter or customs representative who is resident or registered in the customs territory of the Union, meets the criteria set out in paragraph 3 and has conducted regular customs operations in the course of that person’s business for at least 3 years, may apply for the status of Trust and Check trader to the customs authority of the Member State where that person is established.
Amendment 249 #
2023/0156(COD)
Proposal for a regulation
Article 25 – paragraph 5 – subparagraph 1
Article 25 – paragraph 5 – subparagraph 1
Where a Trust and Check trader changes its Member State of establishment, the customs authorities of the receiving Member State may reassess the Trust and Check authorisation, after consultation with the Member State that initially granted the status and having received the previous records on the operators. During the reassessment, the customs authority of the Member State that granted the initial authorisation may suspend it.
Amendment 255 #
2023/0156(COD)
Proposal for a regulation
Article 25 – paragraph 7 – introductory part
Article 25 – paragraph 7 – introductory part
7. Customs authorities mayshall authorise Trust and Check traders:
Amendment 269 #
2023/0156(COD)
Proposal for a regulation
Article 27 – paragraph 3
Article 27 – paragraph 3
3. A customs representative having the status of Trust and Check trader shall only be recognised as such when acting as indirect representative. When acting as a direct representative, the customs representative may be recognised as Trust and Check trader if the person in whose name and on whose behalf that representative is acting has been granted such status or is a small and micro enterprise pursuant to Reccomendation 2003/361/EC or is an authorised economic operator pursuant to the present Regulation.
Amendment 275 #
2023/0156(COD)
Proposal for a regulation
Article 27 – paragraph 6 a (new)
Article 27 – paragraph 6 a (new)
6 a. For the purposes of paragraph 3 of this Article, the Commission shall adopt and publish guidelines setting out common principles and practices for the implementation of obligations pursuant to Articles 20 and 22 respectively.
Amendment 281 #
2023/0156(COD)
Proposal for a regulation
Article 29 – paragraph 1 – subparagraph 1 (new)
Article 29 – paragraph 1 – subparagraph 1 (new)
Enable interoperability with the EU Maritime Single Window Environment for the provision and fulfilment of the customs formalities indicated in the Reporting Obligations Annex of Regulation 2019/1239.
Amendment 337 #
2023/0156(COD)
Proposal for a regulation
Article 80 – paragraph 9
Article 80 – paragraph 9
9. Until the date in Article 265(3), the entry summary declaration submitted in accordance with the rules and data rrquirements set down in Regulation 952/2013, its Implementing and Delegated Acts shall be considered the advance cargo information.
Amendment 338 #
2023/0156(COD)
Proposal for a regulation
Article 83 – paragraph 1 – subparagraph 1 (new)
Article 83 – paragraph 1 – subparagraph 1 (new)
Until the date in Article 265(3), the Arrival Notification shall be submitted in accordance with the rules and data requirements set down in Regulation 952/2013, its Implementing and Delegated acts.
Amendment 339 #
2023/0156(COD)
Proposal for a regulation
Article 83 – paragraph 4
Article 83 – paragraph 4
4. Where the arrival of the means of transport and of the consignments therein is not covered by the notification referred to in paragraph 1, theGoods which are brought into the customs territory of the Union by sea or air and which remain on board the same means of transport for carrierage, shall notify the arrival of thegoods broughtonly be notified as ‘arrived’ into the customs territory of the Union by sea or air at the port or airport where they are unloaded or transhipped.
Amendment 340 #
2023/0156(COD)
Proposal for a regulation
Article 83 – paragraph 6
Article 83 – paragraph 6
6. TFrom the date set out in article 265 (3) and only under exceptional cases,the carrier shall not unload, in the customs territory of the Union, the goods for which a minimum advance cargo information has not been provided or made available to customs, unless the customs authorities have requested the carrier to present them in accordance with Article 85. (9) The Commission is empowered to adopt delegated acts in accordance with Article 261, to supplement this Regulation by determining the minimum advance cargo data referred to in paragraph 6 and the specific circumstances when the carrier can be prevented from unloading the cargo.
Amendment 341 #
2023/0156(COD)
Proposal for a regulation
Article 85 – paragraph 2
Article 85 – paragraph 2
2. The customs authorities shall require the carrier , without prejudice to article 80(5),to present the goods and provide the advance cargo information referred to in Article 80, where this information has not been provided at an earlier stage.
Amendment 342 #
2023/0156(COD)
Proposal for a regulation
Article 85 – paragraph 5 – subparagraph 1 (new)
Article 85 – paragraph 5 – subparagraph 1 (new)
Until the date in Article 265(3), the Presentation Notification shall be submitted in accordance with the rules and data requirements set down in Regulation 952/2013, its Implementing and Delegated acts.
Amendment 343 #
2023/0156(COD)
Proposal for a regulation
Article 86 – paragraph 1 – subparagraph 1 (new)
Article 86 – paragraph 1 – subparagraph 1 (new)
Until the date in Article 265(3), the Temporary Storage Declaration shall be submitted in accordance with the rules and data requirements set down in Regulation 952/2013, its Implementing and Delegated acts.
Amendment 344 #
2023/0156(COD)
Proposal for a regulation
Article 86 – paragraph 5
Article 86 – paragraph 5
5. Non-Union goods in temporary storage shall be placed under a customs procedure no later than 30 days after the notification of their arrival or no later than 6 days after the notification of their arrival in the case of an authorised consignee as referred to in Article 116(4), point (b),unless the customs authorities require the goods to be presented. In exceptional cases, that time limit may be extendunless the customs authorities do not require the goods to be presented.
Amendment 50 #
2023/0090(COD)
Proposal for a regulation
Recital 5 a (new)
Recital 5 a (new)
(5a) The objective of this Regulation is to address the risks associated with the circulation of non-road mobile machinery on public roads. Thus, non-road mobile machinery that will not circulate on public roads should be excluded from the scope of this Regulation.
Amendment 61 #
2023/0090(COD)
Proposal for a regulation
Article 2 – paragraph 2 a (new)
Article 2 – paragraph 2 a (new)
Amendment 62 #
2023/0090(COD)
Proposal for a regulation
Article 2 – paragraph 2 b (new)
Article 2 – paragraph 2 b (new)
2b. As regards towed equipment, the manufacturer may choose either to apply for EU type-approval or to comply with the relevant national legislation referred to in point (g) of the first subparagraph.
Amendment 63 #
2023/0090(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 1
Article 3 – paragraph 1 – point 1
(1) ‘non-road mobile machinery’ means any self-propelled mobile machinery with a power drive or towed equipment, falling within the scope of Directive 2006/42/EC, that is designed or constructed with the purpose to perform work and with the intent to circulate on public roads, mainly to move from one working place to another;
Amendment 66 #
2023/0090(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 24 – point c
Article 3 – paragraph 1 – point 24 – point c
(c) enginpower drive (internal combustion/hybrid/electric/hybrid- electric),
Amendment 68 #
2023/0090(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 24 – point e
Article 3 – paragraph 1 – point 24 – point e
Amendment 69 #
2023/0090(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 24 – point f
Article 3 – paragraph 1 – point 24 – point f
Amendment 70 #
2023/0090(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 24 – point g
Article 3 – paragraph 1 – point 24 – point g
Amendment 71 #
2023/0090(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 24 – point i
Article 3 – paragraph 1 – point 24 – point i
Amendment 72 #
2023/0090(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 24 – point j
Article 3 – paragraph 1 – point 24 – point j
Amendment 73 #
2023/0090(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 24 – point l
Article 3 – paragraph 1 – point 24 – point l
Amendment 74 #
2023/0090(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 24 – point m
Article 3 – paragraph 1 – point 24 – point m
Amendment 81 #
2023/0090(COD)
Proposal for a regulation
Article 4 – paragraph 4
Article 4 – paragraph 4
4. Member States shall not, for the aspects covered by this Regulation, prohibit, restrict or impede the making available on the market, registration, entry into service or circulation on public roads of non-road mobile machinery that complies with this Regulation at the time of placing on the market.
Amendment 82 #
2023/0090(COD)
Proposal for a regulation
Article 4 – paragraph 5 – subparagraph 2 a (new)
Article 4 – paragraph 5 – subparagraph 2 a (new)
The Commission in empowered to adopt delegated acts in ccordance with Article 47 concerning detailed rules under which Member States cannot refuse the verification, as specified in Article 19, already carried out by the approval authority of another Member State.
Amendment 100 #
2023/0090(COD)
Proposal for a regulation
Article 15 – paragraph 2 – subparagraph 1 – introductory part
Article 15 – paragraph 2 – subparagraph 1 – introductory part
The Commission is empowered to adopt delegated acts in accordance with Article 47 concerning detailed rules on the requirements solely for risks related to road circulation set out in paragraph 1 for the following elements:
Amendment 101 #
2023/0090(COD)
Proposal for a regulation
Article 15 – paragraph 2 – subparagraph 1 – point a
Article 15 – paragraph 2 – subparagraph 1 – point a
Amendment 103 #
2023/0090(COD)
Proposal for a regulation
Article 15 – paragraph 2 – subparagraph 1 – point j
Article 15 – paragraph 2 – subparagraph 1 – point j
Amendment 105 #
2023/0090(COD)
Proposal for a regulation
Article 15 – paragraph 2 – subparagraph 1 – point l
Article 15 – paragraph 2 – subparagraph 1 – point l
Amendment 106 #
2023/0090(COD)
Proposal for a regulation
Article 15 – paragraph 2 – subparagraph 1 – point p
Article 15 – paragraph 2 – subparagraph 1 – point p
(p) masses, including maximum on- roadon-road maximum permissible laden mass;
Amendment 107 #
2023/0090(COD)
Proposal for a regulation
Article 15 – paragraph 2 – subparagraph 1 – point q
Article 15 – paragraph 2 – subparagraph 1 – point q
Amendment 109 #
2023/0090(COD)
Proposal for a regulation
Article 15 – paragraph 2 – subparagraph 1 – point w
Article 15 – paragraph 2 – subparagraph 1 – point w
Amendment 110 #
2023/0090(COD)
Proposal for a regulation
Article 15 – paragraph 2 – subparagraph 1 – point y
Article 15 – paragraph 2 – subparagraph 1 – point y
Amendment 120 #
2023/0090(COD)
Proposal for a regulation
Article 16 – paragraph 1
Article 16 – paragraph 1
1. Non-road mobile machinery shall not be made available on the market,, intended for road circulation, shall not be registered or entered into service if registration is not compulsory, unless it is in conformity with this Regulation at the time of placing on the market.
Amendment 125 #
2023/0090(COD)
Proposal for a regulation
Article 26 – paragraph 2 – subparagraph 2
Article 26 – paragraph 2 – subparagraph 2
However, in the case of the first subparagraph, point (b), the EU type- approval and the relevant EU type- approval certificate shall become, for placing on the market, invalid 1824 months after the date of applicability of the new requirements referred to in the first subparagraph, point (b).
Amendment 159 #
2023/0090(COD)
Proposal for a regulation
Article 53 – paragraph 2 – subparagraph 1 (new)
Article 53 – paragraph 2 – subparagraph 1 (new)
Amendment 161 #
2023/0090(COD)
Proposal for a regulation
Article 53 – paragraph 2 a (new)
Article 53 – paragraph 2 a (new)
The power of the Commission to adopt delegated acts pursuant to Article 47 shall apply as of [date of entry into force of this regulation.] The Commission shall adopt all the delegated acts referred to in in Article 4 (5), Article 15(2), Article 21(9), Article 22(6) and Article 39 before [24 months from the date of entry into force of this regulation.]
Amendment 67 #
2023/0085(COD)
Proposal for a directive
Recital 9 a (new)
Recital 9 a (new)
(9 a) Within the same context, the healthcare sector should be recognized as a relevant player in reducing the environmental pollution. It would therefore be essential for companies and healthcare professionals and beneficial for patients to establish a proper regulatory framework for using claims relating to biodegradability, sustainability, circularity and origin of the product’s components, both for medicinal products (according to Directive 2001/83) and medical devices (according to Regulations 2017/745).
Amendment 113 #
2023/0085(COD)
Proposal for a directive
Recital 30
Recital 30
(30) While unfair commercial practices, including misleading environmental claims, are prohibited for all traders pursuant to Directive 2005/29/EC84, an administrative burden linked to substantiation and verification of environmental claims on the smallest companies could be disproportionate and should be avoided. To this end, microenterprises should be exempted from the requirements on substantiation of Article 3 and 4 unless these enterprises wish to obtain a certificatean alternative to third-party certification should be provided for micro, small and medium-sized enterprises on the basis of a declaration of conformity of explicit environmental claims that will be recognised by the competent authorities across the Union. _________________ 84 Directive 2005/29/EC of the European Parliament and of the Council of 11 May 2005 concerning unfair business-to- consumer commercial practices in the internal market and amending Council Directive 84/450/EEC, Directives 97/7/EC, 98/27/EC and 2002/65/EC of the European Parliament and of the Council and Regulation (EC) No 2006/2004 of the European Parliament and of the Council (Unfair Commercial Practices Directive) (OJ L 149, 11.6.2005, p. 22) as amended.
Amendment 166 #
2023/0085(COD)
Proposal for a directive
Recital 54
Recital 54
(54) Small and medium-sized enterprises (SMEs) should be ablegiven sufficient support to benefit from the opportunities provided by the market for more sustainable products but, as they couldgenerally face proportionately higher costs and difficulties with some of the requirements on substantiation and verification of explicit environmental claims. The Member States should provide adequate information by means of easily accessible information portals or similar means and raise awareness of the ways to comply with the requirements of this Directive, ensure targeted and specialised training free of charge, and provide specific and sufficient assistance and support, including financial, so thato SMEs wishing to make explicit environmental claims on their products or as regards their activities are able to do so. Member States actions should be taken in respect of applicable State aid rules.
Amendment 173 #
2023/0085(COD)
Proposal for a directive
Recital 64
Recital 64
(64) When setting penalties and measures for infringements, the Member States should foresee that, based on the gravity of the infringement, the level of fines should effectively deprive the non- compliant trader from the economic benefit derived from using the misleading or unsubstantiated explicit environmental claim or non-compliant environmental labelling scheme, including in cases of repeated infringements. The measures for infringements foreseen by the Member States should therefore also include confiscation of the relevant product from the trader or revenues gained from the transactions affected by this infringement or a temporary exclusions or prohibitions from placing products or making available services on the Union market. The gravity of the infringement should be the leading criterion for the measures taken by the enforcement authorities. The maximum amount of fines should be dissuasive and set at least at the level of 4% of the trader’s total annual turnover in the Member State or Member States concerned in case of widespread infringements with a Union dimension that are subject to coordinated investigation and enforcement measures in accordance with Regulation (EU) 2017/239488 . _________________ 88 Regulation (EU) 2017/2394 of the European Parliament and of the Council of 12 December 2017 on cooperation between national authorities responsible for the enforcement of consumer protection laws and repealing Regulation (EC) No 2006/2004 (OJ L 345, 27.12.2017, p. 1).
Amendment 177 #
2023/0085(COD)
(67) Where based on the results of the monitoring and evaluation of this Directive the Commission finds it appropriate to propose a review of this Directive, the feasibility and appropriateness of further provisions on mandating the use of common method for substantiation of explicit environmental claims, the extension of prohibition of environmental claims for products containing hazardous substances except where their use is considered essential for the societysafe and improves the sustainability of the product, or further harmonisation as regards requirements on the substantiation of specific environmental claims on environmental aspects or environmental impacts should also be considered.
Amendment 187 #
2023/0085(COD)
Proposal for a directive
Article 1 – paragraph 1
Article 1 – paragraph 1
1. This Directive applies to explicit environmental claims made by traders about products or traders in business-to- consumer commercial practices. It does not apply to environmental claims made in business-to-business commercial practices.
Amendment 208 #
2023/0085(COD)
Proposal for a directive
Article 1 – paragraph 2 – point o a (new)
Article 1 – paragraph 2 – point o a (new)
(o a) Regulations (EU) 2021/2115, 2021/2116, 2021/2117 of the European Parliament and of the Council, and legislative acts based on these Regulations;
Amendment 216 #
2023/0085(COD)
Proposal for a directive
Article 1 – paragraph 2 – point o b (new)
Article 1 – paragraph 2 – point o b (new)
(o b) Regulation (EU) 2012/1151 of the European Parliament and of the Council;
Amendment 218 #
2023/0085(COD)
Proposal for a directive
Article 1 – paragraph 2 – point o c (new)
Article 1 – paragraph 2 – point o c (new)
(o c) Directive (EU) 2018/2001 of the European parliament and on the Council on the promotion of the use of energy from renewable sources;
Amendment 538 #
2023/0085(COD)
Proposal for a directive
Article 8 – paragraph 2 – point d
Article 8 – paragraph 2 – point d
(d) the requirements for the environmental labelling scheme have been developed by experts that can ensure their scientific robustness and have been submitted for consultation to a heterogeneous group of stakeholders, that apply or are impacted by them or to their representatives, that has reviewed them and ensured their relevance from a societal perspective;
Amendment 619 #
2023/0085(COD)
Proposal for a directive
Article 10 – paragraph 3
Article 10 – paragraph 3
3. The verification and certification requirements shall apply to traders that are microenterprises within the meaning of Commission Recommendation 2003/361/EC only if they so request. In order to avoid unproportionate costs and burdens for microenterprises and SMEs, Member States shall put in place an alternative ad-hoc verification scheme.
Amendment 624 #
2023/0085(COD)
Proposal for a directive
Article 10 – paragraph 3 a (new)
Article 10 – paragraph 3 a (new)
3a. When they set up the procedures referred to in paragraphs 1 and 2, Member States shall encourage verifiers to take into account the complexity of the substantiation of the claim and the size and turnover of traders requesting verification and certification when calculating their pricing for the cost of verification and certification, paying particular attention to micro, small and medium-sized enterprises.
Amendment 664 #
2023/0085(COD)
Proposal for a directive
Article 10 – paragraph 9 a (new)
Article 10 – paragraph 9 a (new)
9 a. Member States may set up procedures to prioritise the verification of existing environmental claims made before the entry into force of this Directive and may introduce a transitional period during which existing environmental claims, submitted for verification, can still be used.
Amendment 706 #
2023/0085(COD)
Proposal for a directive
Article 12 – paragraph 1 – point d a (new)
Article 12 – paragraph 1 – point d a (new)
(da) access to specialised information portals.
Amendment 729 #
2023/0085(COD)
Proposal for a directive
Article 15 – paragraph 3
Article 15 – paragraph 3
3. Where, further to the evaluation referred to in the first subparagraph, the competent authorities find that the substantiation and communication of the explicit environmental claim or the environmental labelling scheme does not comply with the requirements laid down in this Directive, they shall notify the trader making the claim about the non- compliance and require that trader to take all appropriate corrective action within 360 days to bring the explicit environmental claim or the environmental labelling scheme into compliance with this Directive or to cease the use of and references to the non-compliant explicit environmental claim. Such action shall be as effective and rapid as possible, while complying with the principle of proportionality and the right to be heard.
Amendment 746 #
2023/0085(COD)
Proposal for a directive
Article 17 – paragraph 2
Article 17 – paragraph 2
Amendment 748 #
2023/0085(COD)
Proposal for a directive
Article 17 – paragraph 2 – point a
Article 17 – paragraph 2 – point a
Amendment 749 #
2023/0085(COD)
Proposal for a directive
Article 17 – paragraph 2 – point b
Article 17 – paragraph 2 – point b
Amendment 751 #
2023/0085(COD)
Proposal for a directive
Article 17 – paragraph 2 – point c
Article 17 – paragraph 2 – point c
Amendment 752 #
2023/0085(COD)
Proposal for a directive
Article 17 – paragraph 2 – point d
Article 17 – paragraph 2 – point d
Amendment 754 #
2023/0085(COD)
Proposal for a directive
Article 17 – paragraph 2 – point e
Article 17 – paragraph 2 – point e
Amendment 756 #
2023/0085(COD)
Proposal for a directive
Article 17 – paragraph 2 – point f
Article 17 – paragraph 2 – point f
Amendment 757 #
2023/0085(COD)
Proposal for a directive
Article 17 – paragraph 2 – point g
Article 17 – paragraph 2 – point g
Amendment 765 #
2023/0085(COD)
Proposal for a directive
Article 17 – paragraph 3 – subparagraph 1
Article 17 – paragraph 3 – subparagraph 1
Amendment 766 #
2023/0085(COD)
Proposal for a directive
Article 17 – paragraph 3 – subparagraph 1 – point a
Article 17 – paragraph 3 – subparagraph 1 – point a
Amendment 768 #
2023/0085(COD)
Proposal for a directive
Article 17 – paragraph 3 – subparagraph 1 – point b
Article 17 – paragraph 3 – subparagraph 1 – point b
Amendment 770 #
2023/0085(COD)
Proposal for a directive
Article 17 – paragraph 3 – subparagraph 1 – point c
Article 17 – paragraph 3 – subparagraph 1 – point c
Amendment 771 #
2023/0085(COD)
Proposal for a directive
Article 17 – paragraph 3 – subparagraph 2
Article 17 – paragraph 3 – subparagraph 2
Amendment 786 #
2023/0085(COD)
Proposal for a directive
Article 20 – paragraph 3
Article 20 – paragraph 3
3. Member States shall provide the information referred to in paragraph 1 to the Commission on an biannual basis.
Amendment 795 #
2023/0085(COD)
Proposal for a directive
Article 21 – paragraph 3 – point b
Article 21 – paragraph 3 – point b
(b) facilitating transition towards toxic free environment by considering introducing, on the basis of an impact assessment, a prohibition of environmental claims for products containing hazardous substances except where their use is considered essential for the society in line with the criteria to be developed by the Commisssafe and improves the sustainability of the product, in compliance with the relevant Union and national legislations;
Amendment 816 #
2023/0085(COD)
Proposal for a directive
Article 25 – paragraph 1 – subparagraph 2
Article 25 – paragraph 1 – subparagraph 2
They shall apply those measures from [OP please insert the date = 2436 months after the date of entry into force of this Directive].
Amendment 72 #
2023/0083(COD)
Proposal for a directive
Recital 3
Recital 3
Amendment 84 #
2023/0083(COD)
Proposal for a directive
Recital 8
Recital 8
(8) The consumer’s free choice to decide by whom to have its goods repaired should be facilitated by requesting the European Repair Information Form not only from the producer, but also from the seller of the goods concerned or from independent repairers, where applicable. Repairers should provide the European Repair Information FormAlthough consumers must be informed that a European Repair Information Form exists, repairers should provide it only where the consumer requests that form and the repairer intends to provide the repair service or it is obliged to repair. A consumer may also choose not to request the European Repair Information Form and to conclude a contract for the provision of repair services with a repairer pursuant to pre-contractual information provided by other means in accordance with Directive 2011/83/EU of the European Parliament and the Council.15 __________________ 15 Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights, amending Council Directive 93/13/EEC and Directive 1999/44/EC of the European Parliament and of the Council and repealing Council Directive 85/577/EEC and Directive 97/7/EC of the European Parliament and of the Council (Text with EEA relevance) (OJ L 304, 22.11.2011, p. 64–88).
Amendment 102 #
2023/0083(COD)
Proposal for a directive
Recital 13
Recital 13
(13) Producers may fulfil their obligation to repair by sub-contracting repair, for instance, if the producer does not have the repair infrastructure or if repair can be carried out by a repairer located closer to the consumer, among othersparticularly where the producer is established outside the Union. To this end, they should provide the consumer with a list of verified repairers.
Amendment 108 #
2023/0083(COD)
Proposal for a directive
Recital 14
Recital 14
(14) The requirements laid down in delegated acts adopted pursuant to Regulation [on the Ecodesign for Sustainable Products] or implementing measures adopted pursuant to Directive 2009/125/EC of the European Parliament and of the Council16 , according to which producers should provide access to spare parts, repair and maintenance information or any repair related software tools, firmware or similar auxiliary means, apply. Those requirements ensure the technical feasibility of repair, not only by the producer, but also by other repairers. As a consequence, the consumer can select a repairer of its choice. In addition to these measures, independent repairers should be granted access to spare parts and related information on a non- discriminatory basis and at a reasonable cost, for a defined period of time. __________________ 16 Directive 2009/125/EC of the European Parliament and of the Council of 21 October 2009 establishing a framework for the setting of ecodesign requirements for energy-related products (recast) (Text with EEA relevance) (OJ L 285, 31.10.2009, p. 10–35).
Amendment 109 #
2023/0083(COD)
Proposal for a directive
Recital 14
Recital 14
(14) The requirements laid down in delegated acts adopted pursuant to Regulation [on the Ecodesign for Sustainable Products] or implementing measures adopted pursuant to Directive 2009/125/EC of the European Parliament and of the Council16, according to which producers should provide access, at a reasonable cost and in a non- discriminatory manner for a period equivalent to at least the expected lifespan of the product, to spare parts, repair and maintenance information or any repair related software tools, firmware or similar auxiliary means, apply. Those requirements ensure the technical feasibility of repair, not only by the producer, but also by other repairers. As a consequence, the consumer can select a repairer of its choice. __________________ 16 Directive 2009/125/EC of the European Parliament and of the Council of 21 October 2009 establishing a framework for the setting of ecodesign requirements for energy-related products (recast) (Text with EEA relevance) (OJ L 285, 31.10.2009, p. 10–35).
Amendment 140 #
2023/0083(COD)
Proposal for a directive
Recital 23
Recital 23
(23) Member States should ensure that consumers have easy access to the online platform allowing them to find suitable repair services for their defective goods. The online platform should also be accessible to vulnerable consumers, including persons with disabilities, in accordance with applicable Union law relating to accessibility. To this end, Member States should take steps to inform consumers of the existence of the online platform, for example through communication campaigns. The economic operators concerned should also take measures to inform consumers of the existence of the online platform, for example by displaying a link to the platform on their websites or in shops in general and when purchasing in particular.
Amendment 142 #
2023/0083(COD)
Proposal for a directive
Recital 24
Recital 24
(24) The search function based on products may refer to the product type or brand. Since repairers cannot know the specific defect before a request to repair has been made, it is sufficient that they provide on the online platform generic information on key elements of repair services to enable consumers to decide whether to repair the good in question, in particular the average time to complete repair, the availability of temporary replacement goods, the place where the consumer hands over the goods for repair, the possibility of replacing the product under repair during the repair period and the availability of ancillary services. Repairers should be encouraged to regularly update their information on the online platform. In order to build consumer confidence in the repair services available on the online platform, repairers should be able to demonstrate their adherence to certain repair standards.
Amendment 152 #
2023/0083(COD)
Proposal for a directive
Recital 27
Recital 27
(27) The Commission should enable the development of a voluntary European quality standard for repair services, for instance by encouraging and facilitating voluntary cooperation on a standard between businesses, public authorities and other stakeholders or by issuing a standardisation request to the European standardisation organisations, including organisations representing SMEs and their standardisation organisations. A European standard for repair services could boost consumer trust in repair services across the Union. Such standard could include aspects influencing consumer decisions on repair, such as the time to complete repair, the availability of temporary replacement goods, quality assurances such as a commercial guarantee on repair, and the availability of ancillary services such as removal, installation and transportation offered by repairers.
Amendment 167 #
2023/0083(COD)
Proposal for a directive
Recital 28 b (new)
Recital 28 b (new)
(28b) In order to encourage repair and compensate for the absence of the product during the repair period, the economic operator performing, or delegating, a repair service, should offer the consumer a new or refurbished replacement free of charge, where possible.
Amendment 200 #
2023/0083(COD)
Proposal for a directive
Article 4 – paragraph 2 a (new)
Article 4 – paragraph 2 a (new)
2a. Producers shall provide to the repairers all available information necessary to complete the European Repair Information Form.
Amendment 250 #
2023/0083(COD)
Proposal for a directive
Article 5 – paragraph 2
Article 5 – paragraph 2
2. Where the producer obliged to repair pursuant to paragraph 1 is established outside the Union, its authorised representative in the Union shall perform the obligation of the producer. Where the producer has no authorised representative in the Union, the importer of the good concerned shall perform the obligation of the producer. Where there is no importer, the distributor of the good concerned shall perform the obligation of the producer.
Amendment 258 #
2023/0083(COD)
Proposal for a directive
Article 5 – paragraph 3
Article 5 – paragraph 3
3. Producers shall ensure that independent repairers have access to spare parts andfor a minimum of 5 years from the placing on the market of the last unit of product, at a reasonable price, on a non- discriminatory basis and with short notice, as well as to repair-related information and tools in accordance with the Union legal acts listed in Annex II.
Amendment 259 #
2023/0083(COD)
Proposal for a directive
Article 5 – paragraph 3
Article 5 – paragraph 3
3. Producers shall ensure that independent repairers have access to spare parts and repair-related information and tools in accordance with the Union legal acts listed in Annex II, at a reasonable cost and in a non- discriminatory manner for a period equivalent to at least the expected lifespan of the product, to spare parts, repair-related information and tools.
Amendment 302 #
2023/0083(COD)
Proposal for a directive
Article 7 – paragraph 3
Article 7 – paragraph 3
3. Registration on the online platform for repairers, as well as for sellers of goods subject to refurbishment and for purchasers of defective goods for refurbishment, shall be voluntary. Member States shall determine the access to the platform in accordance with Union law. The use of the online platform shall be free of charge for consumers and for independent repairers legally framed as SMEs in accordance to Recommendation 2003/361/EC.
Amendment 315 #
2023/0083(COD)
Proposal for a directive
Article 8 a (new)
Article 8 a (new)
Article 8a Micro and small and medium enterprises Member States shall take the appropriate measures to support micro and small and medium-sized enterprises within the meaning of Recommendation 2003/361/EC in applying the requirements laid down by this Directive. Such measures shall include at least: (a) guidelines to comply with requirements laid down in this Directive; (b) tailor-made training courses for entrepreneurs and their staff.
Amendment 320 #
2023/0083(COD)
Proposal for a directive
Article 9 a (new)
Article 9 a (new)
Article 9a National measures to promote repair In compliance with State aid rules, Member States shall take the appropriate measures, including those of fiscal nature, to promote the competitiveness of repair services.
Amendment 126 #
2023/0081(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) The net-zero transformation is 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 zero translates into strong opportunities for the expansion of Union’s net-zero industry, making use of the strength of the Single Market, byand enabling competition to achieve greenhouse gas emission reductions at the lowest cost to society by taking a technology neutral approach. Such an approach includes 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, sustainable fuels fired "recips" (reciprocating engines), and fuel cells, high efficiency cogeneration, efficient destrict heating, hydrogen-ready generators of heat and/or power, 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 chainscarbon capture and utilisation technologies, other technologies enabling the production and/or storage net zero emission energy carriers and energy-system related energy efficiency technologies and their supply chains, and advance process technologies required for the production of the enavling chemicals and materials needed for the aforementioned technologies, as well as the recycling thereof, allowing for the 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 jobs and growth.
Amendment 140 #
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, across the whole energy value chain, in energy production, transmission, distribution and end use, 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, high efficiency cogeneration, including stationary fuel cells, efficient district heating and smart grid technologies, that help the EU reduce and control its energy consumption.
Amendment 144 #
2023/0081(COD)
Proposal for a regulation
Recital 7 a (new)
Recital 7 a (new)
(7a) The manufacturing of net-zero technologies depends on complex and globally interlinked Supply chains, as the components and final products require high-performing chemicals and materials. To achieve deep emissions reductions, all industrial sectors require large investments. Futher assessment of supply chains is needed, with a view to resolving potential bottlenecks.
Amendment 156 #
2023/0081(COD)
Proposal for a regulation
Recital 10
Recital 10
Amendment 180 #
2023/0081(COD)
Proposal for a regulation
Recital 12 a (new)
Recital 12 a (new)
(12a) Rec. 12 a (new): Carbon dioxide capture and storage (CCS) is a technology that will contribute to mitigating climate change. It consists of the capture of carbon dioxide (CO2) from industrial installation, its transport to a storage site and its injection into a sitable underground geological formation for the purposes of permanent storage. In addition to CCS, negative emissions technologies such as bioenergy with carbon capture and storage (BECCS), direct air capture (DACCS) and other carbon dioxide removals (CDR) methods will play a key role to achieve the EU´s net-zero goals.
Amendment 193 #
2023/0081(COD)
Proposal for a regulation
Recital 14
Recital 14
(14) A key 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 capacities, the EU needs to develop a forward-looking supply 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 CO2 injection capacity by 2030, in line with the expected capacities needed in 2030, the relevant sectors can coordinate their investments towards a European Net- Zero CO2 transport and storage value chain that industries can use to decarbonise their operations. This initial deployment will also support further CO2 storage in a 2050 perspective. According to the Commission’s estimates, the Union could need to capture up to 550 million tonnes of CO2 annually by 2050 to meet the net zero objective37 , including for carbon removals. Such a first industrial-scale storage capacity will de-risk investments into the capturing of CO2 emissions as important 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 accordingly. To ensure the achievement of union´s target Member States shall take the necessary measures to facilitate and incentivize the deployment of carbon capture and storage projects. Such measures may include measures incentivizing emitters to capture emissions, funding support for investors for needed infrastructure to transport CO2 to the storage site and direct funding of CO2 storage projects. _________________ 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 202 #
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 in safe 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 and 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 annual operational CO2 injection capacity by 2030, the sector needs to pool its contributions to ensure that carbon capture and storage as a climate solution is available ahead of demanda value-chain approach shoul be fostered by actions taken both at EU and national level in order for licensees of oil and gas production in the EU to take the measures within their power to undertake the necessary investments in carbon capture and storage and inorder to develop a viable business model for the entire carbon dioxide value chain. 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 EU should contribute to this target pro rata of their oil and gas manufacturing capacity, while providing flexibilities to cooperate and take into account other contributions of third parties.
Amendment 429 #
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 the strategic net- zero technologies listed in the Annex approaches or reaches a benchmark of at least 40% of the Union’s annual deployment needs for the corresponding technologies necessary to achieve the Union’s 2030 climate and energy targets; the 40% target applies to each of the technologies listed in the Annex.
Amendment 437 #
2023/0081(COD)
Proposal for a regulation
Article 1 – paragraph 2 – point a a (new)
Article 1 – paragraph 2 – point a a (new)
aa) That by 2030, production capacity in the Union of biomethane approches or reaches a benchmark of at least 35bcm, in line with targets set by REPowerEU;
Amendment 449 #
2023/0081(COD)
Proposal for a regulation
Article 1 – paragraph 2 – point b a (new)
Article 1 – paragraph 2 – point b a (new)
ba) a technologically neutral approach.
Amendment 463 #
2023/0081(COD)
Proposal for a regulation
Article 1 a (new)
Article 1 a (new)
Article1a Art. 1 (new) The Commission shall review and, if necessary, update the list of net-zero technologies and strategic netzero technologies by [OP please insert: two years after the date of entry into force of this Regulation], and every two years thereafter.
Amendment 474 #
2023/0081(COD)
Proposal for a regulation
Article 2 a (new)
Article 2 a (new)
Amendment 475 #
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; all sustainable alternative fuels technologies67 ; electrolysers, sustainable fuels fired "recips" (reciprocating engines) and fuel cells; advanced technologies to produce energy from nuclear processes with minimal or zero waste from the fuel cycle, including fusion, 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 componentscarbon capture and utilisation technologies; other technologies enabling the production and/or storage of net zero emission energy carriers; energy-system related energy efficiency technologies; and advance process technologies required for the production of the enabling chemicals and materials needed for the aforementioned technologies, as well as the recycling thereof. They refer to the final products, specific components, the enabling chemicals and materials, parts, materials, except raw materials identified as critical and strategic raw materials under the Critical Raw Materials Act, 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 final.
Amendment 543 #
2023/0081(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point d
Article 3 – paragraph 1 – point d
(d) ‘net-zero technology manufacturing and deployment project’ means a planned industrial facility or extension or repurposing of an existing facility manufacturing net-zero technologies; or value chains making use of the net-zero technologies, and manufacturing enabling chemicals and materials for these technologies.
Amendment 553 #
2023/0081(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point d a (new)
Article 3 – paragraph 1 – point d a (new)
(da) 'net-zero technology integration project' means a project building a new industrial facility or a project making changes to an existing industrial facility, that requires the retrofitting of existing production units or/and the integration of new process technologies to use, or increase the use of, net-zero technology final prodicts, which leads to a reduction or avaidance of greenhouse gas emissions from the industrial facility;
Amendment 605 #
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 one national competent authority or one authority per competent region 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 5.
Amendment 618 #
2023/0081(COD)
Proposal for a regulation
Article 4 – paragraph 2
Article 4 – paragraph 2
2. The national or regional competent authority referred to in paragraph 1 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 of all relevant documents and information.
Amendment 622 #
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 or regional competent authority referred to in paragraph 1 or the tasks related to it may be delegated to, or carried out by, another authority, for any given project, provided that:
Amendment 635 #
2023/0081(COD)
Proposal for a regulation
Article 4 – paragraph 5
Article 4 – paragraph 5
5. The national or regional competent 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 639 #
2023/0081(COD)
Proposal for a regulation
Article 4 – paragraph 6
Article 4 – paragraph 6
6. The national or regional competent authority 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 672 #
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 manufacturing projects shall not exceed any of the following time limits:9 months.
Amendment 703 #
2023/0081(COD)
Proposal for a regulation
Article 6 – paragraph 2
Article 6 – paragraph 2
2. For net-zero technology manufacturing projects for which a yearly manufacturing capacity is not measured in GW, the permit-granting process shall not exceed a time limit of 189 months.
Amendment 731 #
2023/0081(COD)
Proposal for a regulation
Article 7 – paragraph 3
Article 7 – paragraph 3
3. The national competent authority shall ensure that the authorities concerned issue a reasoned conclusion as referred to in Article 1(2), point (g)(iv) of Directive 2011/92/EU on the environmental impact assessment within threewo months of receiving all necessary information gathered pursuant to Articles 5, 6 and 7 of that Directive and completing the consultations referred to in Articles 6 and 7 of that Directive.
Amendment 733 #
2023/0081(COD)
Proposal for a regulation
Article 7 – paragraph 4
Article 7 – paragraph 4
4. The timeframes for consulting the public concerned on the environmental report referred to in Article 5(1) of Directive 2011/92/EU shall not be longer than 45 days. In cases falling under the second sub-paragraph of Article 6(4), this period shall be extended to 960 days.
Amendment 747 #
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 shall, where appropriate, include in those plans provisions for the development of net-zero technology manufacturing projects, including net-zero strategic projects and all the necessary infrastructure. Priority shall be given to artificial and built surfaces, industrial sites, brownfield sites, and, where appropriate, greenfield sites not usable for agriculture and forestry.
Amendment 821 #
2023/0081(COD)
Proposal for a regulation
Article 10 – paragraph 2 – introductory part
Article 10 – paragraph 2 – introductory part
2. Member States shall recognise as net-zero strategic projects CO2 capture projects, and CO2 infrastructure projects necessary for the transport of captured CO2 to CO2 storage sites, and CO2 storage projects that meet the following cumulative criteria:
Amendment 832 #
2023/0081(COD)
Proposal for a regulation
Article 10 – paragraph 2 – point a
Article 10 – paragraph 2 – point a
(a) the CO2 storage site is located in the territory of the Union, the UK and the EEA, its exclusive economic zones or on its continental shelf within the meaning of the United Nations Convention on the Law of the Sea (UNCLOS);
Amendment 843 #
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 capture project and the CO2 infrastructure projects necessary to transport the capture CO2 to CO2 storage sites relevant for the rollout of the plans referred to in Article 18(4).
Amendment 904 #
2023/0081(COD)
Proposal for a regulation
Article 12 a (new)
Article 12 a (new)
Article12a Art. 12(5) new Net-zero strategic projects shall be considered to contribute to 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) 2021/119, and therefore net-zero strategic projects that produce environmental effects during the construction phase of the project, but reduce emissions when the net- zerostrategic projects are in operation, shall be considered to have fulfilled all requirements in Article 6(4) and 16(1) of Directive 92/43/EEC, Article 4(7) of Directive 2000/60/EC and Article 9(1)(a) of Directive 2009/147/EC and competent authorities shall not include these temporary construction emissions in the permit granting decision.
Amendment 913 #
2023/0081(COD)
Proposal for a regulation
Article 13 – paragraph 1 – introductory part
Article 13 – paragraph 1 – introductory part
1. The permit-granting process for net-zero strategic projects shall not exceed any of the following time limit9 months:
Amendment 930 #
2023/0081(COD)
Proposal for a regulation
Article 13 – paragraph 4
Article 13 – paragraph 4
4. National competent authorities shall ensure that the lack of reply of the relevant administrative bodies within the applicable time limits referred to in this Article results in the specific intermediary stepsrelevant permit granting application to be considered as approved, except where the specific project is subject to an environmental impact assessment pursuant to Council Directive 92/43/EEC or Directive 2000/60/EC, Directive 2008/98/EC, Directive 2009/147/EC, Directive 2010/75/EU, 2011/92/EU or Directive 2012/18/EU or a determination of whether such environmental impact assessment is necessary and the relevant assessments concerned have not yet been carried out, or where the principle of. In either such event, the administrative tacit approval does not exist in the national legal system. This provision shall not apply to final decisions on the outcome of the process, which are to be explicitperiod shall be extended by a maximum of two months. All decisions shall be made publicly available.
Amendment 976 #
2023/0081(COD)
Proposal for a regulation
Article 15 – paragraph 1
Article 15 – paragraph 1
1. The Net-Zero Europe Platform as established in Article 28 shall discuss financial needs and bottlenecks of net-zero strategic projecttechnologies, potential best practices, in particular to develop EU cross-border supply chains, notably based on regular exchanges with the relevant industrial alliances.
Amendment 984 #
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 994 #
2023/0081(COD)
Proposal for a regulation
Article 15 – paragraph 2 a (new)
Article 15 – paragraph 2 a (new)
2a. Union budget may provide funding to net-zero strategic projects in any of the forms laid down in the Financial Regulation, including financing in the form of financial instruments within blending operations. Blending operations shall be carried out in accordance with Title X of Regulation (EU, Euratom) 2018/1046 (Financial Regulation) and Regulation (EU) 2021/523. A blending facility may be established.
Amendment 999 #
2023/0081(COD)
Proposal for a regulation
Article 15 – paragraph 2 b (new)
Article 15 – paragraph 2 b (new)
2b. The Net-Zero Europe Platform shall propose the creation of an additional funding instrument at European Union level. This instrument shall provide an ambitious and accelerated financial support for large-scale net-zero technologies projects, both in terms of capital and operational expediture for the entire supply chains, to create a competitivo and attractive environment in the European Union and conditions of fair competition with third countries.
Amendment 1035 #
2023/0081(COD)
Proposal for a regulation
Article 17 – paragraph 1 – point a
Article 17 – paragraph 1 – point a
(a) make publicly available data on areas where all potential CO2 storage sites can be permitted on their territory, including saline acquifers.
Amendment 1177 #
2023/0081(COD)
Proposal for a regulation
Article 19 – paragraph 2 – introductory part
Article 19 – paragraph 2 – introductory part
2. The tender’s sustainability and resilience contribution shall be based ontake account of the following cumulindicative criteria which shall be objective, transparent and non- discriminatory:
Amendment 1186 #
2023/0081(COD)
Proposal for a regulation
Article 19 – paragraph 2 – point a a (new)
Article 19 – paragraph 2 – point a a (new)
(aa) social and governance criteria, based industry best practices on supply chain transparency.
Amendment 1215 #
2023/0081(COD)
Proposal for a regulation
Article 19 – paragraph 2 a (new)
Article 19 – paragraph 2 a (new)
2a. By 1 June 2024, the Commission shall publish guidelines to clarify how contracting authorities and contracting entities should apply criteria for sustainability and resilience contribution in public procurement procedures. In doing so, the Commission shall consult relevant stakeholders.
Amendment 1220 #
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% and 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). The cumulative weight of sustainability and resilience criteria referred to in paragraph 2 of this article shall not be above 30% of the award criteria.
Amendment 1231 #
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 apply the considerations relating to the sustainability and resilience contribution of 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 120% may be presumed by contracting authorities and contracting entities to be disproportionate. No later that [2 years after the date of entry into force of this Regulation], the Commission shall evaluate whether this cost difference threshold needs to be modified to provide for stonger safeguards for contracting authorities and contracting entities. 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 1256 #
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% and 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. The cumulative weight of sustainability and resilience criteria referred to in paragraph 2 of this article shall not be above 30% of the award criteria.
Amendment 1264 #
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 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 10% may be presumed by contracting authorities and contracting entities to be disproportionate. No later than [2 years after the date of entry into force of this Regulation], the Commission shall evaluate whether this cost difference threshold needs to be modified to provide for stronger safeguards for contracting authorities and contracting entities.
Amendment 1276 #
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 consumindustrial and private consumers and producers which incentivise the purchase, use, and operation of 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, use, and operation 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, tax credits, or other forms of state aid. _________________ 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 1290 #
2023/0081(COD)
Proposal for a regulation
Article 21 – paragraph 2
Article 21 – paragraph 2
Amendment 1297 #
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 net-zero technology product, and the required upstream manufacturing supply chains, chemicals and materials.
Amendment 1315 #
2023/0081(COD)
Proposal for a regulation
Article 23 – paragraph 1 – introductory part
Article 23 – paragraph 1 – introductory part
1. The Commission shall support, including through the provision of seed- funding, and building upon relevant existing initiatives such as the EU sectoral skills blueprints, the establishment of European Net Zero Industry Academies, which have as their objectives to:
Amendment 1320 #
2023/0081(COD)
Proposal for a regulation
Article 23 – paragraph 1 – point a
Article 23 – paragraph 1 – point a
(a) In full respect of national competences on vocational training as defined in article 166 TFUE, support member states in developing learning programmes, content and learning and training materials for training and education on developing, producing, installing, commissioning, operating, maintaining and recycling net- zero technologies, on raw materials, as well as to support the capacities of public authorities competent to issue permits and authorisations referred to in Chapter II and contracting authorities referred to in Chapter IV of this Regulation;
Amendment 1321 #
2023/0081(COD)
Proposal for a regulation
Article 23 – paragraph 1 – point b
Article 23 – paragraph 1 – point b
(b) enable and promote the use of the learning programmes, content and materials by education and training providers in the Member States, and where applicable, associated countries to Eu research and innovation programmes, such as Horizon Europe and Digital Europe, among others by training trainers and develop mechanisms to ensure the quality of the training offered by education and training providers in the Member States based on the above learning programmes, content and materials;
Amendment 1337 #
2023/0081(COD)
Proposal for a regulation
Article 25 – paragraph 1 – introductory part
Article 25 – paragraph 1 – introductory part
The Net-Zero Europe Platform referred to in Article 28 shall support the availability and deployment of skills in net-zero technologies, and in competent authorities and contracting authorities referred to in Chapter II and Chapter IV, through the following tasks - while avoiding parallel structures with national vocational systems:
Amendment 1341 #
2023/0081(COD)
Proposal for a regulation
Article 25 – paragraph 1 – point 2
Article 25 – paragraph 1 – point 2
(2) monitsupport the activity of the European Net-Zero Industry Academies and of education and training providers who offer the learning programmes developed by the Academies, foster synergies with other national and Union skills initiatives and projects, and provide oversight;
Amendment 1361 #
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 36. The modalities and conditions shall to the extent possible support flexibility for national competent authorities to establish and operate their Net-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 paragraph 3 shall include common main principles on the following issues:
Amendment 1365 #
2023/0081(COD)
Proposal for a regulation
Article 26 – paragraph 2 – point a
Article 26 – paragraph 2 – point a
Amendment 1367 #
2023/0081(COD)
Proposal for a regulation
Article 26 – paragraph 2 – point b
Article 26 – paragraph 2 – point b
Amendment 1368 #
2023/0081(COD)
Proposal for a regulation
Article 26 – paragraph 2 – point c
Article 26 – paragraph 2 – point c
Amendment 1399 #
2023/0081(COD)
Proposal for a regulation
Article 28 – paragraph 3
Article 28 – paragraph 3
3. The Platform may advise and assist the Commission and Member States in relation to their actions to reach the objectives outlined in Chapter I of this Regulation, taking into account Member States’ national energy and climate plans submitted under Regulation (EU) 2018/199975 , and to address bottlenecks for the uptake of these technologies, in particular in energy-intensive industries where emissions are hard to abate. _________________ 75 Regulation (EU) 2018/1999 of the European Parliament and of the Council of 11 December 2018 on the Governance of the Energy Union and Climate Action, amending Regulations (EC) No 663/2009 and (EC) No 715/2009 of the European Parliament and of the Council, Directives 94/22/EC, 98/70/EC, 2009/31/EC, 2009/73/EC, 2010/31/EU, 2012/27/EU and 2013/30/EU of the European Parliament and of the Council, Council Directives 2009/119/EC and (EU) 2015/652 and repealing Regulation (EU) No 525/2013 of the European Parliament and of the Council (Text with EEA relevance.), (OJ L 328, 21.12.2018, p. 1).
Amendment 1404 #
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 may coordinate within the Platform on the Net-Zero Industrial Partnerships and also with relevant third countries to help promote the adoption of net-zero technologies globally, to collaborate in the development of innovative technologies as defined under this act 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 1423 #
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 of net-zero and innovative technologies;
Amendment 1434 #
2023/0081(COD)
Proposal for a regulation
Article 28 – paragraph 5
Article 28 – paragraph 5
5. Member States shall support the Commission in the implementation of the cooperation measures set out in the Net- Zero Industrial Partnership. Net-Zero Industrial Partnerships will have the objective of facilitating trade among participants, including by favouring necessary investments within the Union and in third countries, enhancing resilience and sustainability of the supportive value chains promoting industrial application of high-tech strategic options, and guaranteeing a level playing field.
Amendment 1448 #
2023/0081(COD)
Proposal for a regulation
Article 29 – paragraph 2
Article 29 – paragraph 2
2. Each Member State shall appoint a high-level representative to the Platform. Where relevant as regards the function and expertise, a Member State mayshall have more than one representative in relation to different tasks related to the work of the Platform. Each member of the Platform shall have an alternate.
Amendment 1454 #
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 sub- group related to the assistance of the European Net Zero Industry Academies shall include the relevant social partners as well as practitioners from the affected industries.
Amendment 1457 #
2023/0081(COD)
Proposal for a regulation
Article 29 – paragraph 6 a (new)
Article 29 – paragraph 6 a (new)
6a. paragraph 6 a (new) The Platform shall at least establish the following standing sub-groups: (a) a subgroup to discuss and coordinate financing for net-zero strategic projects pursuant to Article15; 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;
Amendment 1468 #
2023/0081(COD)
Proposal for a regulation
Article 29 – paragraph 8
Article 29 – paragraph 8
8. Where appropriate, the Platform or the Commission may invite experts and other third parties to Platform andOn a regular basis, the Platform shall organise open sessions, including of the standing or temporary sub- group meetings or to provide writtes referred to in paragraph 6, with representatives of European econtributions. omic operators.
Amendment 1470 #
2023/0081(COD)
Proposal for a regulation
Article 29 – paragraph 9
Article 29 – paragraph 9
9. The Platform shall take the necessary measures to ensure the safe handling and processing of confidential and commercially sensitive informaWhere appropriate, the Platform or the Commission may invite experts and other third parties from Net-Zero Industrial Partnerships countries to Platform and sub-group meetings or to provide written contributions.
Amendment 1490 #
2023/0081(COD)
Proposal for a regulation
Article 31 – paragraph 2 – point a
Article 31 – paragraph 2 – point a
(a) 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 domestic and global demand uptake;
Amendment 1517 #
2023/0081(COD)
Proposal for a regulation
Article 35 a (new)
Article 35 a (new)
Article35a Article 35 a (new) Review and reporting by the Commission By ... [1 year after the date of application of this Regulation], and every 3 years thereafter, the Commission shall present a report on the resilience of supply chains of net zero technologies. (1) This report shall contain an assessment of: a) the Union's production capacity of chemicals, materials, and components for the production and assembly of net-zero technologies, and the competitiveness of the related sectors b) imports in the Union of materials, chemicals, and components for the production and assembly of net- zero technologies, and, in particular, stategic dependencies for such chemicals, materials, and components c) what further regulatory actions will secure achieving a manufacturing capacity in the Union of the stategic net-zero technologies to reach the objective referred to in Article 1(2), point a, of this Regulation and how export markets for such technologies can be developed d) the pathways to achieve net-zero emissions by the entire industry in the Union, and the bottlenecks that may exist (2). This report shall, if sppropriate, be accompanied by a legislative proposal.
Amendment 1529 #
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 2 ‘sustainable alternative fuels’ means fuels covered by the Regulation of the European Parliament and of the Council on ensuring a level playing field for sustainable air transport, XXXX/XXXX and by the Regulation of the European Parliament and Council on the use of renewable and low-carbon fuels in maritime transport XXXX/XXXX. 3 ‘sustainable alternative fuels’ means fuels covered by the Regulation of the European Parliament 3. Storage technologies, including battery/storage and heat storage 4. Heat pumps, geothermal energy technologies, high efficiency cogeneration, waste heat recovery for power and/or heat production 5. Electrolysers, hydrogen engines, hydrogen turbines, hydrogen refuelling stations and fuel cells 6. Bioenergy technologies, including sustainable solid biomass, biogas, biomethande of the Council on ensuring a level playing field for sustainable air transport, XXXX/XXXX and by the Regulation of the European Parliament and Council on the use of renewable and low-carbon fuels in maritime transport XXXX/XXXX. sustainable fuels and waste to energy technologies 7. Carbon Capture, Transport, Utilization and storage technologies and negative emissions technologies including, among others, BECCS (BioEnergy with 3. Battery/storage technologiesCarbon Capture and Storage) 48. Heat pumps and geothermal energy technologiesGrid technologies, efficient district heating and energy system integration 58a. Electrolysers and fuel cellsSustainable fuel fired ‘recips’ (reciprocating engines) 6. 8b. Sustainable biogas/biomethane technologies 7. Carbon Capture and storage (CCS) technologEnergy efficiency technologies for the construction and renovation of buildings 8c. Recycling technologies and related activities 8d. Grid technologies Railway products (rolling stock, infrastructure and signalling)
Amendment 114 #
2023/0079(COD)
Proposal for a regulation
Recital 1
Recital 1
(1) Access to raw materials is essential for the Union economy and the functioning of the internal market. There is a set of non-energy, non-agricultural raw materials that, due to their high economic importance and their exposure to high supply risk, often caused by a high concentration of supply from a few third countries, are considered critical. Given the key role of many such critical raw materials in realising the green and digital transitions, and in light of their use for defence and space applications, demand will increase exponentially in the coming decades. At the same time, the risk of supply disruptions is increasing against the background of rising geopolitical tensions and resource competition. Furthermore, if not managed properly, increased demand for critical raw materials could lead to negative environmental, industrial and social impacts. Considering these trends, it is necessary to take measures to ensure access to a secure and sustainable supply of critical raw materials to safeguard the Union's economic resilience and open strategic autonomy.
Amendment 294 #
2023/0079(COD)
Proposal for a regulation
Recital 55
Recital 55
(55) In order to support the implementation of tasks pertaining to the development of Strategic Projects and their financing, exploration programmes, monitoring capacities or strategic stocks and to advise the Commission appropriately, a European Critical Raw Materials Board should be established. The Board should be composed of Member States and of the Commission, while being able to ensure participation of other parties as observers. To develop the necessary expertise for the implementation of certain tasks, the Board should establish standing sub-groups on financing, exploration, monitoring and strategic stocks, that should act as a network by gathering the different relevant national authorities, economic operators, and, when necessary, consult industry, academia, civil society and other relevant stakeholders. TWhe Board’s advice and opinions should be non-binding and the absence of such an advice or opinion should not prevent the Commission from performing its tasks under this Regulatn performing its tasks under this Regulation, the Commission should take the utmost account of the Board’s advice and opinions.
Amendment 364 #
2023/0079(COD)
Amendment 651 #
2023/0079(COD)
Proposal for a regulation
Article 15 – paragraph 1 a (new)
Article 15 – paragraph 1 a (new)
1a. The standing sub-group referred to in Article 35(6) shall 2 years after the entry into force of the entry into force of this Regulation, and every year thereafter, provide a report describing difficulties in the access to finance and recommendations to facilitate it for Critical Raw Materials Projects.
Amendment 702 #
2023/0079(COD)
Proposal for a regulation
Article 19 – paragraph 3 – subparagraph 1
Article 19 – paragraph 3 – subparagraph 1
The Commission, in collaboration with the national authorities participating in the standing sub-group referred to in Article 35(6), point (c), shall ensure that a stress test is performed for each strategic raw material’s supply chain: (a) at least every three years; (b) whenever one of the national authorities or the Board indicates a potential risk of a supply disruption; (c) whenever the strategic stocks of Article 21 are deemed unsafe pursuant to the benchmark mentioned in Article 22. To that end, the standing sub-group referred to in Article 35(6), point (c) shall coordinate and divide the implementation of stress tests for the different strategic raw materials by the different participating authorities.
Amendment 725 #
2023/0079(COD)
Proposal for a regulation
Article 20 – paragraph 2 – introductory part
Article 20 – paragraph 2 – introductory part
2. Member States, after consultation with the social partners, including representative organisations of SMEs, in accordance with uniform criteria determined at European level by means of a delegated regulation in accordance with Article 36, shall identify key market operators along the critical raw materials value chain established in their territory and shall:
Amendment 848 #
2023/0079(COD)
Proposal for a regulation
Article 29 – paragraph 1 – subparagraph 1
Article 29 – paragraph 1 – subparagraph 1
Governments or, organisations or industrial companies that have developed and oversee certification schemes related to the sustainability of critical raw materials ("scheme owners") may apply to have their schemes recognised by the Commission.
Amendment 944 #
2023/0079(COD)
Proposal for a regulation
Article 35 – paragraph 6 – subparagraph 2 – point d a (new)
Article 35 – paragraph 6 – subparagraph 2 – point d a (new)
(da) a sub-group bringing together industry representatives from the sectors strategic sectors, with particular attention to representatives of SMEs from all Member States.
Amendment 957 #
2023/0079(COD)
Proposal for a regulation
Article 36 – paragraph 2
Article 36 – paragraph 2
2. The power to adopt delegated acts referred to in Article 3(2), Article 4(2), Article 5(2), Article 20 (2), Article 27(12), Article 28(2) and Article 30(1) and (5) shall be conferred on the Commission for a period of eight years from [OP please insert: one month after 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 six- 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 960 #
2023/0079(COD)
Proposal for a regulation
Article 36 – paragraph 3
Article 36 – paragraph 3
3. The delegation of power referred to in Article 3(2), Article 4(2), Article 5(2), Article 20 (2), Article 27(12), Article 28(2) and Article 30(1) and (5) 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 on 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 964 #
2023/0079(COD)
Proposal for a regulation
Article 36 – paragraph 6
Article 36 – paragraph 6
6. A delegated act adopted pursuant to Article 3(2), Article 4(2), Article 5(2), Article 27(12), Article 20 (2), Article 28(2) and Article 30(1) and (5) 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 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 may be extended by two months at the initiative of the European Parliament or of the Council.
Amendment 294 #
2023/0077(COD)
Proposal for a regulation
Recital 37
Recital 37
(37) The accelerated deployment of renewables necessitates a growing availability of flexibility solutions to ensure their integration to the grid and to enable the electricity system and grid to adjust to the variability of electricity generation and consumption across different time horizons. Regulatory authoritiMember States should periodically assess the need for flexibility in the electricity system based on the input of transmission and distribution system operators. The assessment of the flexibility needs of the electricity system should take into account all existing and planned investments (including existing assets that are not yet connected to the grid) on sources of flexibility such as flexible electricity generation, interconnectors, demand side response, energy storage or the production of renewable fuels, in view of the need to decarbonise the energy system. On this basis, Member States should define a national objective for non-fossil flexibility such as demand side response and storage which should also be reflected in their integrated national energy and climate plans.
Amendment 305 #
2023/0077(COD)
Proposal for a regulation
Recital 38
Recital 38
(38) To achievecontribute to the achievement of the national objective for non-fossil flexibility such as demand side response and storage investment needs, Member States can design or redesign capacity mechanisms in order to create a green and flexible capacity mechanism., Member States that apply a capacity mechanism in line with the existing rules should consider promoteing the participation of non-fossil flexibility such as demand side response and energy storage by introducing additional criteria or features in the designin accordance with their expected contribution to addressing adequacy concerns, and provided that the effectiveness of the capacity mechanism is not undermined.
Amendment 308 #
2023/0077(COD)
Proposal for a regulation
Recital 39
Recital 39
Amendment 314 #
2023/0077(COD)
Proposal for a regulation
Recital 40
Recital 40
(40) In addition, if Member States do not apply a capacity mechanism or if the additional criteria or features in the design of their capacity mechanism are insufficientto achieve national objective for demand response and energy storage investment needs, Member States could apply flexibility support schemes consisting of payments for the available capacity of non-fossil flexibility such as demand side response and storage. The energy crisis has demonstrated the need for flexible back-up generation, a need which is more acute with an increasing share of renewables in the electricity mix or when the level of interconnections in a Member State is not sufficiently developed. Therefore, in order to fachieve national objective for demand response and storage investment needs they could apply flexibility support schemes consisting of payments for the available capacity of non- fossil flexibility such as demand side response and storageilitate the integration of an increasing share of renewable generation into the electricity system, capacity mechanisms and flexibility support schemes should be considered as a possible structural element of national markets where this is determined following an assessment of system needs.
Amendment 431 #
2023/0077(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 3 – point a
Article 1 – paragraph 1 – point 3 – point a
Regulation (EU) 2019/943
Article 7 – paragraph 1
Article 7 – paragraph 1
1. Transmission system operators and NEMOs, or an entity designated by them, shall jointly organise the management of the integrated day-ahead and intraday markets in accordance with Regulation (EU) 2015/1222. Transmission system operators and NEMOs shall cooperate at Union level or, where more appropriate, at a regional level in order to maximise the efficiency and effectiveness of Union electricity day-ahead and intraday trading. The obligation to cooperate shall be without prejudice to the application of Union competition law. In their functions relating to electricity trading, transmission system operators and NEMOs shall be subject to regulatory oversight by the regulatory authorities pursuant to Article 59 of Directive (EU) 2019/944 and ACER pursuant to Articles 4 and 8 of Regulation (EU) 2019/942.
Amendment 439 #
2023/0077(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Regulation (EU) 2019/943
Article 7a
Article 7a
Amendment 443 #
2023/0077(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Regulation (EU) 2019/943
Article 7a
Article 7a
Amendment 447 #
2023/0077(COD)
Amendment 458 #
2023/0077(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Regulation 2019/943
Article 1(4)
Article 1(4)
Amendment 463 #
2023/0077(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Regulation 2019/943
Article 1(4)
Article 1(4)
Amendment 467 #
2023/0077(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Regulation 2019/943
Article 1(4)
Article 1(4)
Amendment 472 #
2023/0077(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Regulation 2019/943
Article 1(4)
Article 1(4)
Amendment 475 #
2023/0077(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Regulation 2019/943
Article 1(4)
Article 1(4)
Amendment 478 #
2023/0077(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Regulation 2019/943
Article 1(4)
Article 1(4)
Amendment 479 #
2023/0077(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Regulation 2019/943
Article 1(4)
Article 1(4)
Amendment 483 #
2023/0077(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Regulation 2019/943
Article 1(4)
Article 1(4)
Amendment 487 #
2023/0077(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Regulation 2019/943
Article 1(4)
Article 1(4)
Amendment 494 #
2023/0077(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Regulation 2019/943
Article 1(4)
Article 1(4)
Amendment 528 #
2023/0077(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point a
Article 1 – paragraph 1 – point 5 – point a
Regulation 2019/943
Article 8
Article 8
NEMOs shall allow market participants to trade energy as close to real time as possible and at least up to the intraday cross-zonal gate closure time. By 1 January 2028, the intraday cross-zonal gate closure time shall be at the earliest 30 minutes ahead of real time.
Amendment 891 #
2023/0077(COD)
Amendment 905 #
2023/0077(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Regulation (EU) 2019/943
Article 19
Article 19
Based on the report of the regulatory authoritylevant bodies identified by Member States, pursuant to Article 19c(1), each Member State shall define an indicativseparate quantifiable national objectives for demand side response and storage. This indicativenergy storage based on available capacity and develop a plan for delivering these objectives. These national objectives shall also be reflected in Member States’ integrated national energy and climate plans as regards the dimension ‘Internal Energy Market’ in accordance with Articles 3, 4 and 7 of Regulation (EU) 2018/1999 and in their integrated biennial progress reports in accordance with Article 17 of Regulation (EU) 2018/1999.
Amendment 915 #
2023/0077(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Regulation (EU) 2019/943
Article 1(9)
Article 1(9)
1. Member States which apply a capacity mechanism in accordance with Article 21 shallmay consider the promotion of the participation of non-fossil flexibility such as demand side response and storage by introducand energy storage ing additional criteria or features in the designccordance with their expected contribution to addressing adequacy concerns, and provided that the effectiveness of the capacity mechanism is not undermined.
Amendment 931 #
2023/0077(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Regulation (EU) 2019/943
Article 19
Article 19
2. Where the measures introduced in accordance with paragraph 1 to promote the participation of non-fossil flexibility such as demand response and storage in capacity mechanisms are insufficient to achieve the flexibility needs identifiedTo achieve the flexibility needs identified in accordance with19d, Member States that apply a capacity mechanism in accordance with19d, Member States Article 21 may also apply flexibility support schemes consisting of payments for the available capacity of non- fossil flexibility such as demand side response and storage.
Amendment 933 #
2023/0077(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Regulation (EU) 2019/943
Article 19
Article 19
2. Where the measures introduced in accordance with paragraph 1 to promote the participation of non-fossil flexibility such as demand response and storage in capacity mechanisms are insufficient to achieve the flexibility needs identified in accordance with19d, Member States mayTo achieve the flexibility needs identified in accordance with19d, Member States which apply a capacity mechanism in accordance with article 21 of Regulation 2019/943 may also apply flexibility support schemes consisting of payments for the available capacity of non- fossil flexibility such as demand side response and energy storage.
Amendment 980 #
2023/0077(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Regulation (EU) 2019/943
Article 19
Article 19
(b) be limited to new investments in non-fossil flexibility such as demand side response and energy storage;
Amendment 981 #
2023/0077(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Regulation (EU) 2019/943
Article 19
Article 19
(ba) take into consideration locational criteria to ensure that investments in new capacity take place in optimal locations and that they do not create or worsen congestion in the grid;
Amendment 990 #
2023/0077(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Regulation (EU) 2019/943
Article 19
Article 19
(g) set out a minimum level of participation in the market in terms of activated energy, which takes into account the technical specificities of energy storage and demand response assets;
Amendment 995 #
2023/0077(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Regulation (EU) 2019/943
Article 19
Article 19
(i) where technically feasible, be open to cross-border participation.’;
Amendment 1028 #
2023/0077(COD)
(b) , capacity-allocation and congestion- management rules pursuant to Article 6 of Directive (EU) 2019/944 and Articles 7 to 10, 13 to 17, 19 and 35 to 37 of this Regulation, including rules on day- ahead, intraday and forward capacity calculation methodologies and processes, grid models, bidding zone configuration, redispatching and countertrading, trading algorithms, single day-ahead and intraday coupling including the possibility of being operated by a single entity, the firmness of allocated cross- zonal capacity, congestion income distribution, the allocation of financial long-term transmission rights by the single allocation platform, cross-zonal transmission risk hedging, nomination procedures, and capacity allocation and congestion management cost recovery;;
Amendment 274 #
2023/0076(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 14 – point b
Article 1 – paragraph 1 – point 14 – point b
Regulation 1227/2011
Article 13 – paragraph 3
Article 13 – paragraph 3
3. In order to fight against breaches of the provisions of this Regulation, to support and complement the enforcement activities of the national regulatory authorities, and to contribute to a uniform application of this Regulation throughout the Union, the Agency may carry outsupport national regulatory authorities' investigations by exercising the powers conferred onto it byactions identified by them and in accordance with Articles 13a and 13b.
Amendment 279 #
2023/0076(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 14 – point b
Article 1 – paragraph 1 – point 14 – point b
Regulation 1227/2011
Article 13 – paragraph 4
Article 13 – paragraph 4
4. The Agency may exercise its poweractions to ensure that the prohibitions set out in Article 3 and Article 5 and the obligations set out in Article 4 are applied where:
Amendment 280 #
2023/0076(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 14 – point b
Article 1 – paragraph 1 – point 14 – point b
Regulation 1227/2011
Article 13
Article 13
Amendment 285 #
2023/0076(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 14 – point b
Article 1 – paragraph 1 – point 14 – point b
Regulation 1227/2011
Article 13
Article 13
Amendment 291 #
2023/0076(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 14 – point b
Article 1 – paragraph 1 – point 14 – point b
Regulation 1227/2011
Article 13, paragraph 4, point c
Article 13, paragraph 4, point c
(c) the competent national regulatory authority, without prejudice to the derogations referred to in Article 16(5), does not immediately take the necessary measures within a reasonable timeframe in order to comply with the request from the Agency referred to in Article 16(4)(b) in cases involving a cross-border dimension; or
Amendment 295 #
2023/0076(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 14 – point b
Article 1 – paragraph 1 – point 14 – point b
Regulation 1227/2011
Article 13
Article 13
(d) the relevant information as defined in Article 2(1) of this Regulation is likely to significantly affect the prices of wholesale energy products for delivery in at least three Member States. The competent national regulatory authority requests ACER to exercise its powers in acts that, even if not falling in points c), have a cross-border dimension.
Amendment 15 #
2022/2198(INI)
Motion for a resolution
Recital E
Recital E
E. whereas the transition to Web 4.0 and the development of virtual worlds are an indispensable part of the future of digitisation and a key building block for the completion of the digital single market; whereas the new virtual worlds should not replace but rather only complement the real world;
Amendment 49 #
2022/2198(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Welcomes the Commission’s commitment to monitor the development of virtual worlds; invites the Commission to draft a report on this subject every two years and to transmit it to Parliament and the Council; asks the Commission to pay attention to the potential emergence of problems in the Web 4.0 that already exist in the Web 3.0, such as the proliferation of fake news, infringement of intellectual property rights, digital identity fraud, cybercrime, cyberterrorism, sexual abuse of minors and cyberbullying, among others;
Amendment 58 #
2022/2198(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Signals also the positive impact that these developments will have on employment, includ; stresses the importance of promoting the creation of new jobs in domains such as virtual world architecture or content creation; highlights the importance of promoting the development of appropriate skills to ensure the supply of talented and skilled workers fit for these jobs in the EU, as well as of creating appealing conditions to keep EU talent, attract foreign talent and promote entrepreneurship and innovation in the territory of the EU;
Amendment 64 #
2022/2198(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. RecallsCriticises the fact that most companies leading the development of virtual worlds are established outside the EU; considers that the EU should take the lead in shaping virtual worlds as ecosystems in which European strategic interests, values and principles are respected and promoted, with users at their centre; signals the importance of fostering the creation of a level playing field that promotes the expansion of European small and medium-sized enterprises, and the establishment of European companies able to compete with foreign competitors, as well as innovation and growth;
Amendment 72 #
2022/2198(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Acknowledges that multiple virtual worlds have been developed by different undertakings in the absence of open standards and interoperable platforms; considers that interoperability and open standards can contribute to the prevention of quasi-monopolies or abuses of dominant position to the detriment of consumers and European companies, notably SMEs; welcomes the Commission’s commitment to engage with existing multi-stakeholder internet governance institutions to develop common governance standards; supports the establishment of a technical multi- stakeholder forum for the development of technical standards to ensure interoperable virtual worlds;
Amendment 98 #
2022/2198(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Warns about the potential health problems that may arise from accessing virtual worlds, such as addiction, cybersickness or disturbances in sleep patterns or cognitive development, especially among minors and young people;
Amendment 102 #
2022/2198(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Recalls the potential of virtual worlds to offer unique experiences that can help minors develop their appetite for learning through, for example, learning through play, which can help them to develop skills in collaboration, communication, critical thinking, innovation and confidence; stresses, however, the risks inherent in early exposure to an excessive use of screens, which can affect well-being and proper cognitive, physical, psychological and social development; calls for information campaigns on limiting screen time, promoting the proper use of screens and the importance of digital parenting to be launched; underlines the importance of protecting minors in virtual worlds, especially against abuse, harassment and bullying;
Amendment 1 #
2022/2171(INI)
Draft opinion
Subheading 1 a (new)
Subheading 1 a (new)
A. Whereas supporting a vibrant and dynamic textile sector is strategic for the value chains and the competitiveness of the European Industry;
Amendment 2 #
2022/2171(INI)
Draft opinion
Subheading 1 b (new)
Subheading 1 b (new)
b. Whereas the long tradition and experience of European textile companies has a priceless value for the European historical heritage and technological development;
Amendment 3 #
2022/2171(INI)
Draft opinion
Recital A
Recital A
A. whereas consumers arseem to be ready to change their purchasing patterns for sustainable options but can be misled by greenwashing practicewhen duly informed about sustainability and origin of the products;
Amendment 3 #
2022/2171(INI)
Draft opinion
Subheading 1 c (new)
Subheading 1 c (new)
C. Whereas the European SMEs are in the frontline of production, research and active development of business models and practices that are increasingly compatible with environmental ambitions;
Amendment 11 #
2022/2171(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Recalls that more than 99 % of the EU textiles ecosystem consists of small and medium-sized enterprises (SMEs); underlines that EU textiles companies face intense competition from Asia, mainly China1 , where environmental regulations are less strict or non-existentand labour standards are less strict or non-existent; the usually low prices of these goods often affects the competitiveness of the European productions, while their low quality can be harmful for the consumers; therefore, calls for better controls by customs and by national market surveillance authorities to avoid the import of counterfeit, unsafe and uncompliant textile products. Better market surveillance shall not hamper free trade and responsible business practices; _________________ 1 European Commission, Directorate- General for Internal Market, Industry, Entrepreneurship and SMEs, ‘Data on the EU Textile Ecosystem and its Competitiveness: final report’.
Amendment 15 #
2022/2171(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Recalls that more than 99 % of the EU textiles ecosystem consists of small and medium-sized enterprises (SMEs); underlines that EU textiles companies face intense competition from Asia, mainly China1, where environmental regulations are less strict or non-existent; calls on the Commission to step up customs controls in order to ensure that imported products comply with the regulations governing EU companies; _________________ 1 European Commission, Directorate- General for Internal Market, Industry, Entrepreneurship and SMEs, ‘Data on the EU Textile Ecosystem and its Competitiveness: final report’'.
Amendment 18 #
2022/2171(INI)
Draft opinion
Recital B a (new)
Recital B a (new)
Ba. whereas supporting a vibrant and dynamic textile sector is strategic for the value chains and the competitiveness of the internal market;
Amendment 21 #
2022/2171(INI)
Draft opinion
Recital B b (new)
Recital B b (new)
Bb. whereas the long tradition and experience of European textile companies has a priceless value for the European historical heritage;
Amendment 21 #
2022/2171(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Acknowledges the importance of recovering materials and, to this end, stresses the need for non-technical parameters to be included among the criteria for assessing end-product performance, so as to avoid unequal comparisons between products manufactured from recycled components and those manufactured from new materials;
Amendment 23 #
2022/2171(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. calls on the European Commission to stop unsustainable fast fashion practices and boost better consumption and production models which enhance the strategic value of the supply chain, promote sustainability, foster creativity based on quality;
Amendment 26 #
2022/2171(INI)
Draft opinion
Paragraph 1 b (new)
Paragraph 1 b (new)
1 b. Encourages the use of recycled materials, especially fiber-to-fiber, and support the conversion of textile waste from a costly disposal matter into new raw material generating value;
Amendment 31 #
2022/2171(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Stresses that ever-increasing regulation, which directly and indirectly affects the EU textiles industry, compounded by the COVID-19 pandemic and the Russian war of aggression against Ukraine, is seriously threatening the competitiveness of EU businesses; calls on the Commission and the Member States to only implement additional regulations if they facilitate sustainable business models, as many obligations drastically increase costs, especially for SME, the increase prices of commodities and energy, the Russian war of aggression against Ukraine, unfair trade behaviours of Extra-EU countries, is seriously threatening the competitiveness of EU businesses; calls for adequately weight extended producer responsibility obligations to safeguard subcontractors and intermediate processors;
Amendment 33 #
2022/2171(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Calls for stricter customs controls to avoid the import of counterfeit and unsafe textile products or goods without the specific requirements to be sold in the internal market; calls for the implementation of a trusted-flagger alert and notification mechanism and of an appropriate European redress mechanism for consumers affected by misleading labels and textiles that do not comply with Union law;
Amendment 35 #
2022/2171(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. Calls for a revision of the criteria for awarding the Ecolabel to associate this label with products for which at least three economically significant processes have taken place in accordance with clear sustainability criteria defined at EU level; underlines the need of organising and implementing a better and harmonised surveillance of the internal market. Customs and other market surveillance authorities need to be empowered to prevent the import of counterfeit and/or unsafe textile products lacking the requirements expressly demanded of those who produce and operate within the EU, in order to safeguard the consumer and the environment;
Amendment 40 #
2022/2171(INI)
Draft opinion
Paragraph 2 b (new)
Paragraph 2 b (new)
2 b. Emphasises that any action that could increase red tape for producers should be avoided and calls for stronger support for SMEs in this sector;
Amendment 41 #
2022/2171(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Welcomes the introduction of the digital product passport in the proposal for a regulation on ecodesign requirements for sustainable products; believes that in order to be relevant this passport needs to be available on the product itself and be easy to read; favours open and trustworthy data ensuring traceability down to factory level; emphasises that any action that could increase red tape for producers should be avoided and calls for stronger support for SMEs in this sector;
Amendment 54 #
2022/2171(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Encourages initiatives to help consumers switch to more sustainable consumption patterns by providing quality products at an affordable price and reducing waste, without affecting competitiveness and offering more choices to the consumers;
Amendment 54 #
2022/2171(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Acknowledges the challenges to achieving a fully circular business model for textile companies, in particular owing to current technological and physical constraints on production and recycling, such as the use of chemicals, the lack of circular design, digitalisation gaps and the workforce’s up- and reskilling needs; stresses the need to introduce incentives for products that meet ecological standards, thus enabling producers to support environmentally sustainable production processes while maintaining competitive price levels and supporting the value chain by promoting the reshoring of delocalised production in the EU;
Amendment 59 #
2022/2171(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Believes that textile producers and brands should be drivers of sustainability by being transparent in their practices and respecting human rights and the environment; believes that these goals could be also achieved supporting the value chain, promoting reshoring in EU of delocalized productions, lowering burdens, promoting the textile value chain with incentives and creating a clear and efficient legal framework for companies and customers;
Amendment 63 #
2022/2171(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. Recalls the need to support an open approach to circular economy, especially concerning open loop recycling, in order to avoid a “silos approach” and to favour research, innovation and cross- fertilization between different industrial sectors;
Amendment 65 #
2022/2171(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Highlights the need to specify parameters for recycled materials regarding the presence of chemicals;
Amendment 67 #
2022/2171(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Stresses that some fast fashion companies located outside the EU contribute to puts enormous stress on suppliers and their workforce through unfair trading practices;
Amendment 71 #
2022/2171(INI)
Draft opinion
Paragraph 3 b (new)
Paragraph 3 b (new)
3 b. Underlines the importance of improving transparency and traceability in the textile industry to increase its ability to manage the value chains more effectively, identify and address labour and human rights violations and environmental impacts, combat counterfeits, while embracing more sustainable production and consumption patterns; at the same time, traceability shall not become a barrier to trade, an unacceptable cost or burden, especially for the SMEs;
Amendment 74 #
2022/2171(INI)
Draft opinion
Paragraph 3 c (new)
Paragraph 3 c (new)
3 c. Underlines that a circular economy for textiles and apparel is the one that creates better products and services for customers, contributes to a resilient industry, and benefits the environment. Recycling of textiles, a crucial part of the circular economy for textiles and apparel, has the potential to reduce GHG emissions and freeing precious land for other uses. To this end, the European Union should support companies, associations, and initiatives like the ReHubs which are implementing plans to increase recycling and reduce textile waste;
Amendment 83 #
2022/2171(INI)
Draft opinion
Paragraph 8
Paragraph 8
8. Calls for mandatorytransparent criteria onfor a responsible consumption to applyied to public procurement, avoiding fragmentation of the internal market;
Amendment 83 #
2022/2171(INI)
Draft opinion
Paragraph 3 d (new)
Paragraph 3 d (new)
3 d. Reaffirms the importance of traceability and transparency as a tool also to support customers’ informed choices about textile products;
Amendment 89 #
2022/2171(INI)
Draft opinion
Paragraph 3 e (new)
Paragraph 3 e (new)
3 e. Recalls the need to support the EU textile value chain, which actively contributes to the EU competitiveness, while at the same time defending it from external unfair practices, which are also distortive of the internal market;
Amendment 93 #
2022/2171(INI)
Draft opinion
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Recalls the need to support the EU textile value chain, which actively contribute to the EU competitiveness, while at the same time defending it from external unfair practices, which are also distortive of the internal market;
Amendment 105 #
2022/2171(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Underlines that a business- supportive environment that promotes research and innovation is key to maintaining the EU textiles industry’s leading position in innovation2 , especially in sustainable fibres such as bio-based fibres, in inventing and scaling up circular production and recycling technologies, and in harnessing the opportunities offered by digitalisation, e.g. with the Digital Product Passport or smart textiles, provided that such an initiative does not lead to more bureaucracy for producers, enabling micro and SMEs to better communicate their sustainability; _________________ 2 Ibid.
Amendment 110 #
2022/2171(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Underlines the importance of supporting the reshoring of textile production in the European Union as a way to promote reindustrialization of the continent and, as well, as a way to shorten the usually very stretched supply chains involved in the production and distribution of textiles;
Amendment 111 #
2022/2171(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Emphasises the importance of a traceability system that takes adequate account of the various processing stages so as to provide the market with a guarantee of uniform assessment throughout the production process;
Amendment 113 #
2022/2171(INI)
Draft opinion
Paragraph 4 b (new)
Paragraph 4 b (new)
4b. Urges the Commission to encourage development of the market for products made from recovered textile material, also outside the clothing sector, so as to ensure more widespread recycling;
Amendment 117 #
2022/2171(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Recalls that several EU funding opportunities exist, such as via Cluster 2 of Horizon Europe or the European Innovation Council; calls for the creation of an EU research and innovation agenda aligned with the transition pathway for the textiles ecosystem; underlines the leading role the European Institute of Innovation and Technology (EIT) Knowledge and Innovation Communities (KICs) on Culture & Creativity3 and Manufacturing4 should play in this process; calls for the development at European level of 'Textile Hubs', i.e. innovative textile regeneration poles, made up of research centres and disposal plants, for the sorting and recovery of pre- and postconsumer waste, turning waste into value and creating new jobs in textile manufacturing districts. _________________ 3 https://eit.europa.eu/eit-community/eit- culture-creativity. 4 https://www.eitmanufacturing.eu/.
Amendment 125 #
2022/2171(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. Invites the European Commission to publish, as soon as possible, a regulation containing harmonised European criteria for the End of Waste of textiles, to ensure an efficient and smoother marketing of products obtained from the recovery of textile waste, encouraging the use of recycled products and the dissemination of innovative research poles for textile regeneration.
Amendment 49 #
2022/2049(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Condemns all violence against women and children and notes the alarming increase in such violence worldwide, in particular during the COVID-19 crisis; welcomes the EU’s efforts, alongside those of its international partners, aimed at eliminating all forms of violence against women and children; condemns the practice of surrogacy, which compromises human dignity, exploiting the woman's body and its reproductive functions, as well as considering the unborn child as an object; believes that the practice of surrogacy involving reproductive exploitation and the use of the human body for economic or other returns, particularly in the case of vulnerable women in developing countries, should be prohibited and treated as serious violation of human rights;
Amendment 25 #
2022/2036(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Emphasises that in order to strengthen the single market, it is necessary to carry out a digital transformation that increases the availability of online public services; recalls that eGovernment facilitates relationships with citizens, businesses, employees and governments, and calls for the establishment of a European digital identity;
Amendment 31 #
2022/2036(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Firmly bBelieves that the further development of digital public services can significantly contribute to the reduction of administrative barriers for entrepreneurs, especially micro, small and medium-sized enterprises (MSMEs); calls on Member States to redouble their efforts to further digitalise public services without that meaning that citizens of Member States who so wish cannot avail themselves of those services in a traditional and non- digitalised manner; stresses the importance of not sacrificing public services that are accessible in a non- computerised manner, but, rather, of allowing easy and rapid access to such public services;
Amendment 34 #
2022/2036(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Emphasises that the provision of digital public services implies the use of personal data, and therefore calls on the Commission and Member States to pay special attention to the protection of citizens’ personal data, including in connection with data transfer agreements with third countries; calls on the Commission not to compromise the high level of personal-data protection to which Member State citizens are entitled; calls on the Commission to foster the development of sovereign European digital infrastructure guaranteeing that the rights of European users, and the security of their data, will be protected;
Amendment 54 #
2022/2036(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
Amendment 100 #
2022/2036(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Welcomes the Commission’s initiative to create European data spaces in various sectors, including health, justice and public procurement; considers it crucial for these data spaces to be interoperable so that consumers and entrepreneurs, especially SMEs, can achieve their full potential; points out that the interoperability of data spaces should be the starting point for all future digitalisation strategies; calls on the Commission to submit a legislative proposal as soon as possible that will ensure the interoperability of data spaces in the European single market;
Amendment 31 #
2022/2014(INI)
Motion for a resolution
Recital B
Recital B
B. whereas the video games industry employed 86 953 people in 2019, of whom around 20% were women; 3a; _________________ 3a ISFE, Europe’s Video Games Industry, ISFE-EGDF Key Facts, 2021.
Amendment 45 #
2022/2014(INI)
Motion for a resolution
Recital E
Recital E
E. whereas spending excessive amounts of time playing online video games, in the absence of appropriate safeguards, can create addictions and lead to ‘gaming disorder’, and can also lead to consumer-protection related issues as well as mechanisms that can be reminiscent of electronic forms of gambling, in particular with regard to minors;
Amendment 55 #
2022/2014(INI)
Motion for a resolution
Recital F a (new)
Recital F a (new)
Fa. whereas monetized video games may have very few consumer protection guarantees, which could pose financial risks for users and, in the case of minors, parents and those legally responsible for their actions;
Amendment 56 #
2022/2014(INI)
Motion for a resolution
Recital F b (new)
Recital F b (new)
Fb. whereas the control and verification tools set up for accessing online video games may lack efficiency, particularly when it comes to verifying with absolute certainty players’ age;
Amendment 68 #
2022/2014(INI)
Motion for a resolution
Recital J a (new)
Recital J a (new)
Ja. whereas, with regard to the psychosocial effects of certain reward mechanisms, children are more at risk to develop habits in response to certain stimuli;
Amendment 70 #
2022/2014(INI)
Motion for a resolution
Recital K
Recital K
K. whereas the European video games industry represented a market size of EUR 23.3 billion in 2020 and is still growing8a; whereas, since 2015, digital revenues have increased threefold and account for more than half of European market revenues; _________________ 8a ISFE, Europe’s Video Games Industry, ISFE-EGDF Key Facts, 2021
Amendment 73 #
2022/2014(INI)
Motion for a resolution
Recital K a (new)
Recital K a (new)
Ka. whereas the industry has historically generated revenue from the sale of video games but has been rapidly shifting to purely digital services sold through online storefronts, leading the grounds for new and complex business models; whereas one of the currently predominant business models is represented by in-game purchases that unlock digital content in the video game environment;
Amendment 77 #
2022/2014(INI)
Motion for a resolution
Recital K b (new)
Recital K b (new)
Kb. whereas the video games industry represents an important and rapidly growing segment of the creativity sector in Europe, which has historically lagged behind in the emergence of 'European champions' within the global digital sector;
Amendment 92 #
2022/2014(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Welcomes the measures taken to better protect consumers; notes, however, the need for a single, coordinated approach between Member States in order to avoid fragmentation of the single market and to protect European consumers;
Amendment 104 #
2022/2014(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Welcomes the development and implementation of parental-control tools that help to filter content and video games by age, monitor time spent playing games, disable or limit online spending and restrict communications with others or the viewing of content created by other players; notes, however, that parents may find it difficult to use such tools, which reduces their effectiveness; calls for mechanisms to be put in place to exercise stricter parental control over the amount of time and money children spend on games, among other thingsstresses that instructions for effective use of parental control should be made user-friendly, accessible and clear;
Amendment 108 #
2022/2014(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Points out that some video games offer their users the possibility to pay, sometimes even with real money, in order to obtain rewards through loot boxesbuy in-game currencies and to obtain randomized rewards through loot boxes; stresses that the use of in-game currencies constitutes an additional transaction layer that abstracts the real-world cost of the virtual item;
Amendment 115 #
2022/2014(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Observes that generally the ownership of in-game currencies does not guarantee the right of refund nor the right of withdrawal for consumers, notably given the complicated licensing agreements through which video games companies often grant themselves the power to unilaterally change contractual clauses;
Amendment 145 #
2022/2014(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Stresses that consumers should have all the necessary information about an online video game before starting to play it, as well as during the game, in terms of the multiple options for possible purchases while playing and other information that may be considered to be of interest; observes in particular that clear information shall be provided to consumers in advertising materials on what to expect from in-game purchases and how they affect gameplay;
Amendment 153 #
2022/2014(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Points out that in cases where algorithmic decision-making is employed in video games, particularly when it aims at influencing user behaviour, consumers shall be explicitly informed;
Amendment 171 #
2022/2014(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Stresses that, when adopting regulatory action, the Commission shall prioritize banning misleading designs, increasing minors protection and ensuring transactional transparency for in-game purchasing systems;
Amendment 174 #
2022/2014(INI)
Motion for a resolution
Paragraph 10 b (new)
Paragraph 10 b (new)
10b. Stresses that regulatory action shall provide a good balance between consumer protection and the development of strategic business models; underlines that although consumer protection is a shared competence, the video games sector requires cross-border protection because of its intrinsic nature;
Amendment 193 #
2022/2014(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12a. Recalls that children are less able to disentangle costs when presented with virtual currencies and may have problems understanding and taking probabilities into account particularly when it comes to randomized rewards;
Amendment 215 #
2022/2014(INI)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15a. Stresses the importance of creating enforceable accessibility standards for consumers affected by disabilities, in particular when minors;
Amendment 250 #
2022/2014(INI)
Motion for a resolution
Paragraph 22 a (new)
Paragraph 22 a (new)
22a. Calls on the Commission to take advantage of the fitness check to be conducted on digital fairness, as part of the New Consumer Agenda2020, to assess key concepts relevant for the protection of consumer in online video games as vulnerability, deceptive design and monetisation techniques;
Amendment 7 #
2022/2008(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Recalls that the new Industrial Strategy was updated to reflect the lessons learned from COVID-19, and that this strategy will be key toshould go further in enhancing EU competitiveness and overcoming future challenges, such as Union independence for the most strategic economic sectors; recalls that a strong governance system, European preference and market surveillance are essential in order to relaunch the single market; calls on the Commission to focus on ensuring that the industrial strategy helps remove single market barriers and avoid further fragmentation;
Amendment 33 #
2022/2008(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Underlines the need to strengthen the competitiveness of SMEs and industry by addressing supply risks, dependencies, disruptions and vulnerabilities, especially in the green and digital economies; stresses that effective public procurement will lead to more jobs, growth and innovative investments; recalls that the selection and award criteria should not result in an unreasonable administrative burden, particularly for European micro-, small and medium-sized enterprises;
Amendment 34 #
2022/2008(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Underlines the need to strengthen the competitiveness of SMEs and industry by addressing supply risks, dependencies, disruptions and vulnerabilities, especially in the green and digital economies; stresses that public procurement can play an active role in achieving the New Industrial Strategy objectives, such as the emergence of competitive European businesses; stresses that effective public procurement will lead to more jobs, growth and innovative investments;
Amendment 46 #
2022/2008(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Reiterates the need to enhance European strategic autonomy by investing in skills, digital infrastructures, particularly for the storage and processing of European user data, and key technologies such as AI, cybersecurity, 5G and 6G, microprocessors and semiconductors, high-performance computing and quantum technologies;
Amendment 55 #
2022/2008(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Stresses that developing these key sectors requires that a European preference system be established for local or European production in public procurement contracts in Europe;
Amendment 61 #
2022/2008(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Welcomes the update of the industrial strategy; stresses that for the Green Deal to be a true growth strategy, reduce dependencies and maintain a level playing field for European industry during the transition, it needs to be accompanied by ambitious industrial policy; stresses also that this industrial policy must place SMEs at the centre of all measures and objectives;
Amendment 69 #
2022/2008(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Regrets that the same update was neither carried out in 2021 nor planned for 2022 for the SME strategy; expresses its concern for European micro- enterprises, strongly affected by the effects of the COVID 19 pandemic and now by the increase in raw materials and energy costs caused by the current international crisis; stresses that there can be no real European growth without an industrial policy that takes account of the European manufacturing entrepreneurship, 99% composed of SMEs;
Amendment 107 #
2022/2008(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Calls on the Commission to present clear transition pathways for the industrial ecosystem as soon as possible, with the transparent involvement of stakeholders representing the entire supply chain, including by identifying the needs for a successful transition in terms of infrastructure, technologies and skills; calls on the Commission to ensure consistency and coordination across all initiatives, objectives, funding and regulatory instruments that will support industry through the transitions; calls for annual monitoring and reporting on the competitiveness and resilience of our industrial ecosystems and on the progress made on the transition pathways, so that instruments can be adapted swiftly when needed;
Amendment 125 #
2022/2008(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Notes that the EU is outperformed by other economic powers in research and development (R&D) expenditures as a percentage of GDP; reiterates the importance of an ambitious level of investment in R&D; regrets that the target of 3 % of GDP investments in R&D has still not been achieved in the vast majority of Member States; calls on the Commission to ensure that investment in R&D is geared towards the participation of micro enterprises;
Amendment 163 #
2022/2008(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Welcomes the Commission’s announcement issuing guidance on public procurement; stresses that public procurement is an essential instrument for national and economic security and for supporting the uptake of and demand for clean products; calls, in this regard, on the Commission to review public procurement and competition rules where needed; calls for an increasing of SMEs share in public procurement contracts by safeguarding SME access and combating procurement criteria that set requirements or qualifications beyond the core elements of the service or goods purchased;
Amendment 187 #
2022/2008(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Highlights the importance of including education, upskilling and reskilling in the transition pathways; emphasises that training is essential for improving the skills of SME staff in areas such as blockchain, cybersecurity and artificial intelligence; calls on the Commission to develop a strategy for vocational education and business- education partnerships within regional industrial clusters to boost skills and enhance the uptake of ready-for-market innovations by SMEs;
Amendment 201 #
2022/2008(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Underlines that SMEs and start-ups are playing a central role in the digitalisation of the EU and are a critical source of innovation; stresses the need to improve their access to financing; digital SMEs, in particular in traditional sectors where digitisation is not developed;
Amendment 104 #
2022/0396(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) Plastic packaging is the most carbon-intensive material and, in terms of fossil fuel use, recycling of plastic waste is approximately five-times better than incineration with energy recovery35 is a resource efficient material and produces less CO2 and waste compared to other packaging material. Just as the European Strategy for Plastics36 states, CEAP commits to increase uptake of recycled plastics and contribute to the more sustainable use of plastics. The Union budget and the system of own resources contribute to reducing pollution from plastic packaging waste37 . As of 1 January 2021, the Council Decision (EU, Euratom) 2020/2053 of 14 December 2020 on the system of own resources of the European Union introduced a national contribution that is proportional to the quantity of plastic packaging waste that is not recycled in each Member State. This own resource is part of incentives to reduce the consumption of single-use plastics, foster recycling and boost the circular economy. _________________ 35 Amadei A., Ardente F., Garcia- Gutierrez P., Klenert D., Nessi S., Tonini D., Tosches D., Saveyn H.(2022), Environmental and economic assessment of plastic waste recycling, Mechanical, physical and chemical recycling technologies, publication pending. 36 Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions A European Strategy for Plastics in a Circular Economy COM(2018)28 final. 37 Council Decision (EU, Euratom) 2020/2053 of 14 December 2020 on the system of own resources of the European Union and repealing Decision 2014/335/EU, Euratom COM (OJ L 424, 15.12.2020, p. 1).
Amendment 133 #
2022/0396(COD)
Proposal for a regulation
Recital 29
Recital 29
(29) In order to prevent barriers to the internal market and ensure the efficient implementation of the obligations, economic operatomanufacturers should ensure that the plastic part of each unit of packaging contains a certain minimum percentage of recycled content recovered from post- consumer plastic waste calculated as an average per type of packaging placed per manufacturer.
Amendment 138 #
2022/0396(COD)
(31) In order to ensure uniform conditions for the implementation of the rules on calculating and verifying, per unit of post- consumer plastic waste in packaging, the share of recycled content recovered from post-consumer plastic waste present and establishing the format for technical documentation, the Commission should be empowered to adopt implementing provisions, in accordance with Article 5 of Regulation (EU) No 182/2011 of the European Parliament and of the Council55 . _________________ 55 Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers (OJ L 55, 28.2.2011, p. 13).
Amendment 154 #
2022/0396(COD)
Proposal for a regulation
Recital 47
Recital 47
(47) In order to inform end-users about reusability, availability of systems for re- use and location of collection points as regards reusable packaging, such packaging should bear a QR code or other data carrier that provides such information. The QR code should also facilitate tracking and the calculation of trips and rotations. In addition, reusable sales packaging should be clearly identified at the point of sale.
Amendment 180 #
2022/0396(COD)
Proposal for a regulation
Recital 70
Recital 70
(70) Achieving re-use and refill targets can be challenging for smaller economic operators. Therefore, certain economic operators should be exempted from the obligation to meet the packaging re-use targets if they place less than a certain volume of packaging on the market, or fulfil the definition of micro-company under Commission Recommendation 2003/36160 , or have the sales area, including all storage and dispatch areas, under a certain surface limit. The power to adopt acts in accordance with Article 2901 of the Treaty should be delegated to the Commission to establish re-use and refill targets for other products, to lay down further exemptions for other economic operators or to exempt specific packaging formats covered by the reuse or refill targets in case of severe hygiene, food safety or environmental issues preventing the achievement of these targets. _________________ 60 Commission Recommendation of 6 May 2003 concerning the definition of micro, small and medium-sized enterprises (notified under document number C(2003) 1422) (OJ L 124, 20.5.2003, p. 36).
Amendment 200 #
2022/0396(COD)
Proposal for a regulation
Recital 137
Recital 137
(137) It is necessary to provide for sufficient time for economic operators to comply with their obligations under this Regulation, and for Member States to set up the administrative infrastructure necessary for its application. The application of this Regulation should therefore also be deferred to a date where those preparations can reasonably be finalised. Particular attention should be paid to facilitate compliance by micro and SMEs with their obligations and requirements under this Regulation, including through guidance and adequate support to be provided by the Commission and Member States to facilitate compliance by economic operators, with a focus on SMEmicro and SMEs and on those sectors which will be highly impacted by the new obligations.
Amendment 211 #
2022/0396(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 1 – point a
Article 3 – paragraph 1 – point 1 – point a
Amendment 212 #
2022/0396(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 1 – point b
Article 3 – paragraph 1 – point 1 – point b
Amendment 213 #
2022/0396(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 1 – point c
Article 3 – paragraph 1 – point 1 – point c
Amendment 214 #
2022/0396(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 1 – point f
Article 3 – paragraph 1 – point 1 – point f
(f) tea orcompostable coffee bags and system single-serve units or tea bags necessary to contain a tea or coffeecoffee or tea product and intended to be used and disposed of together with the product;
Amendment 229 #
2022/0396(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) The Council underlined in its Conclusions of December 202038, that the revision of Directive 94/62/EC should update and establish more concrete, effective and easy to implement provisions to facilitate sustainable packaging in the internal market and minimise the complexity of packaging in order to foster economically feasible solutions, to improve the reusability and recyclability as well as minimise substances of concern in packaging materials, especially concerning food packaging materials, and to provide for labelling packaging in an easily understandable way to inform consumers about its recyclability and where its waste should be discarded to facilitate sorting and recycling. At the same time it noted that hygiene and food safety standards have to be respected. _________________ 38 https://data.consilium.europa.eu/doc/docu ment/ST-13852-2020-INIT/en/pdf
Amendment 230 #
2022/0396(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 31
Article 3 – paragraph 1 – point 31
(31) ‘design for recycling’ means design of packaging, including individual components of packaging, in order to ensure its recyclability with state-of-the- artthe best available or latest innovative collection, sorting and recycling processes;
Amendment 232 #
2022/0396(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) The European Parliament’s Resolution of 10 February 2021 on the New Circular Economy Action Plan39reiterated the objective of making all packaging reusable or recyclable in an economically viable way by 2030 and called on the Commission to present a legislative proposal including waste reduction measures and targets and ambitious essential requirements in the Packaging and Packaging Waste Directive to reduce excessive packaging, including in e-commerce, improve recyclability and minimise the complexity of packaging, increase recycled content, phase out hazardous and harmful substances, and promote re-use. In addition, it stressed that food safety or hygiene standards must not be compromised. _________________ 39 https://www.europarl.europa.eu/doceo/doc ument/TA-9-2021-0040_EN.html
Amendment 237 #
2022/0396(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 32
Article 3 – paragraph 1 – point 32
(32) ‘recycled at scale’ means collected, sorted and recycled through installed state- of-the-art infrastructure and processes, covering at least 75 % of the Union population at industrial scale, provided separate collection is in place, including packaging waste exported from the Union that meets the requirements of Article 47(5);
Amendment 240 #
2022/0396(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) An item, which is an integral part of a product and is necessary to contain, support or preserve that product throughout its lifetime and where all elements are intended to be used, consumed or disposed of together, should not be considered as being packaging given that its functionality is intrinsically linked to it being part of the product. However, in light of the disposal behaviour of consumers regarding tea and coffee bags as well as coffee or tea system single-serve units, which in practice are disposed of together with the product residue leading to the contamination of compostable and recycling streams, those specific items should be treated as packaging. This is in line with the objective to increase the separate collection of bio-waste, as required by Article 22 of Directive 2008/98/EC of the European Parliament and of the Council41. Furthermore, to ensure coherence regarding end-of-life financial and operational obligations, also all coffee or tea system single-serve units necessary to contain coffee or tea should be treated as packaging. _________________ 41 Directive 2008/98/EC of the European Parliament and of the Council of 19 November 2008 on waste and repealing certain Directives (OJ L 312, 22.11.2008, p. 3).
Amendment 247 #
2022/0396(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) In line with the waste hierarchy set out in Article 4(21) of Directive 2008/98/EC, and with the requirement set in paragraph 2 of Article 4 of the same Directive, which foresees that specific waste streams may depart from the hierarchy where this is in line with life- cycle thinking to deliver the best overall environmental outcome, the measures provided for under this Regulation aim at reducing the amount of packaging placed on the market in terms of its volume and weight, and preventing the generation of packaging waste, especially through packaging minimisation, avoiding packaging where it is not needed, and increased re-use of packagingand recycling of packaging while delivering the best environmental outcome. In addition, the measures aim at increasing the use of recycled content in packaging, especially in plastic packaging where the uptake of recycled content is very low, as well as higher recycling rates for all packaging and high quality of the resulting secondary raw materials while reducing other forms of recovery and final disposal.
Amendment 248 #
2022/0396(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 38
Article 3 – paragraph 1 – point 38
(38) ‘secondary raw materials’ means materials that have been obtained through recycling processes and can substitute primary raw materials in applications typical for that material;
Amendment 254 #
2022/0396(COD)
Proposal for a regulation
Article 4 – paragraph 5
Article 4 – paragraph 5
Amendment 265 #
2022/0396(COD)
Proposal for a regulation
Article 4 – paragraph 4
Article 4 – paragraph 4
Amendment 273 #
2022/0396(COD)
Proposal for a regulation
Article 4 – paragraph 5
Article 4 – paragraph 5
Amendment 276 #
2022/0396(COD)
Proposal for a regulation
Article 6 – paragraph 4 – subparagraph 1
Article 6 – paragraph 4 – subparagraph 1
Amendment 279 #
2022/0396(COD)
Proposal for a regulation
Article 5 – paragraph 4
Article 5 – paragraph 4
4. Recyclability requirements established in delegated acts adopted pursuant to Article 6(5) shall not restrict the presence of substances in packaging or packaging components for reasons relating primarily to chemical safety. They shall address, as appropriate, substances of concern that negatively affect the re-use and recycling of materials in the packaging in which they are present taking into consideration legacy substances and foreseeing a 5-year waiver for them, and shall, as appropriate, identify the specific substances concerned and their associated criteria and limitations.
Amendment 290 #
2022/0396(COD)
Proposal for a regulation
Recital 20
Recital 20
(20) Designing packaging with the objective of its recycling, once it becomes packaging waste, is one the most efficient measures to improve the packaging circularity and raise packaging recycling rates and the use of recycled content in packaging, while ensuring marketing and consumer acceptance. Packaging design for recycling criteria have been established for a number of packaging formats under voluntary industry schemes or by some Member States for the purpose of the modulation of extended producer responsibility fees. In order to prevent barriers to the internal market and provide industry with a level playing field, and with the objective to promote the sustainability of packaging ensuring marketing and consumer acceptance, it is important to set mandatory requirements regarding the recyclability of packaging, by harmonising the criteria and the methodology for assessing packaging recyclability based on a design for recycling methodology at the Union level. In order to meet the objective set out in the CEAP that, by 2030, all packaging should be recyclable or reusable, in an economically viable manner, packaging recyclability performance grades should be established based on design for recycling criteria for packaging categories as listed in Annex II. However, packaging should comply with them only as of 1 January 2030 in order to give sufficient time to the economic operators to adapt.
Amendment 294 #
2022/0396(COD)
Proposal for a regulation
Article 6 – paragraph 2 – subparagraph 1 – point d
Article 6 – paragraph 2 – subparagraph 1 – point d
(d) it can be recycled so that the resulting secondary raw materials are of sufficient quality to substitute the primary raw materials of the packaging in applications typical for that material;
Amendment 299 #
2022/0396(COD)
Proposal for a regulation
Recital 21
Recital 21
(21) As design for recycling assessment in itself does not ensure that packaging is recycled in practice, it is necessary to establish a uniform methodology and criteria for assessing the recyclability of packaging in practice based on the state-of- the-art separate collection, sorting and recycling processes and infrastructure actually available in the Union. Related reporting from Member States and, where relevant, economic operators should support establishing the recyclability “at scale” thresholds and update, on this basis, the recyclability performance grades with respect to the specific packaging materials and categories. , preserving the added value conveyed to the final consumer with the packaging.
Amendment 301 #
2022/0396(COD)
Proposal for a regulation
Article 6 – paragraph 2 – subparagraph 2
Article 6 – paragraph 2 – subparagraph 2
Point (a) shall apply from 1 January 2030 and points (b), (c), (d), (e) shall apply from 1 January 2035.
Amendment 303 #
2022/0396(COD)
Proposal for a regulation
Article 7 – paragraph 1 – introductory part
Article 7 – paragraph 1 – introductory part
1. From 1 January 2030, the plastic part in packaging shall contain the following minimum percentage of recycled content recovered from post-consumer plastic waste, per unit of packaging:
Amendment 305 #
2022/0396(COD)
Proposal for a regulation
Article 7 – paragraph 1 – subparagraph 1 (new)
Article 7 – paragraph 1 – subparagraph 1 (new)
Targets shall be calculated as an average of the plastic packaging placed by a producer on the Union market.
Amendment 306 #
2022/0396(COD)
Proposal for a regulation
Recital 22
Recital 22
(22) In order to establish harmonised rules on packaging design to ensure its recyclability while ensuring packaging performs all its functions and ensuring marketing and consumer acceptance, the power to adopt delegated acts should be delegated to the Commission to set out detailed criteria for packaging design for recycling per packaging materials and categories, as well as for the assessment of the packaging recyclability at scale including for categories of packaging not listed in this Regulation. In order to give economic operators and Member States sufficient time to collect and report the necessary data to establish the “at scale” recycling methodology, the manufacturers should ensure that packaging is recycled at scale as of 2035. That should ensure that packaging complies with the design for recycling criteria, and is also recycled in practice on the basis of the state of the art processes for separate collection, sorting and recycling.
Amendment 308 #
2022/0396(COD)
Proposal for a regulation
Article 7 – paragraph 2 – introductory part
Article 7 – paragraph 2 – introductory part
2. From 1 January 2040, the plastic part in packaging shall contain the following minimum percentage of recycled content recovered from post-consumer plastic waste, per unit of packaging:
Amendment 309 #
2022/0396(COD)
Proposal for a regulation
Article 7 – paragraph 2 – subparagraph 1 (new)
Article 7 – paragraph 2 – subparagraph 1 (new)
Targets shall be calculated as an average of the plastic packaging placed by a producer on the Union market.
Amendment 313 #
2022/0396(COD)
Proposal for a regulation
Recital 23
Recital 23
(23) In order to stimulate innovation in packaging, it is appropriate to allow that packaging, which presents innovative features resulting in significant improvement in the core function of packaging and has demonstrable environmental benefits, is given limited additional time of five years to comply withexempt from the recyclability requirements. The innovative features should be explained in the technical documentation accompanying the packaging.
Amendment 316 #
2022/0396(COD)
Proposal for a regulation
Recital 24
Recital 24
(24) In order to protect human and animal health and safety, due to the nature of the packaged products and the related requirements, it is appropriate that the recyclability requirements should not apply to immediate packaging as defined in Article 1 of Directive 2001/83/EC of the European Parliament and of the Council50and in Article 4(25) of Regulation (EU) 2019/6 of the European Parliament and of the Council51, which are in direct contact with the medicinal product, as well as contact sensitive plastic packaging of medical devices covered by Regulation (EU) 2017/745 of the European Parliament and of the Council52andof in vitro diagnostics medical devices covered by Regulation (EU) 2017/746 of the European Parliament and of the Council53.These exemptions should apply until 1 January 2035and contact sensitive packaging for foods covered by Regulation (EC) No 1935/2004 and Regulation (EU) No 609/2013. _________________ 50 Directive 2001/83/EC of the European Parliament and of the Council of 6 November 2001 on the Community code relating to medicinal products for human use (OJ L 311, 28.11.2001, p. 67). 51 Regulation (EU) 2019/6 of the European Parliament and of the Council of 11 December 2018 on veterinary medicinal products and repealing Directive 2001/82/EC (OJ L 4, 7.1.2019, p. 43). 52 Regulation (EU) 2017/745 of the European Parliament and of the Council of 5 April 2017 on medical devices, amending Directive 2001/83/EC, Regulation (EC) No 178/2002 and Regulation (EC) No 1223/2009 and repealing Council Directives 90/385/EEC and 93/42/EEC (OJ L 117, 5.5.2017, p. 1). 53 Regulation (EU) 2017/746 of the European Parliament and of the Council of 5 April 2017 on in vitro diagnostic medical devices and repealing Directive 98/79/EC and Commission Decision 2010/227/EU (OJ L 117, 5.5.2017, p. 176).
Amendment 332 #
2022/0396(COD)
Proposal for a regulation
Recital 28
Recital 28
(28) In order to ensure a high level of human and animal health protection in accordance with requirements in Union legislation and to avoid any risk to the security of supply and to the safety of medicines and medical devices safety, it is appropriate to provide for the exclusion from the obligation of a minimum recycled content in plastic packaging for immediate packaging as defined in Article 1, point 23, of Directive 2001/83/EC and in Article 4, point 25, of Regulation (EU) 2019/6, as well as for contact sensitive plastic packaging of medical devices covered by Regulation (EU) 2017/745 and for contact sensitive packaging of in vitro diagnostics medical devices covered by Regulation (EU) 2017/746 and of contact sensitive packaging for foods covered by Regulation (EC) No 1935/2004 and Regulation (EU) No 609/2013. This exclusion should also apply to outer packaging of human and veterinary medicinal products as defined in Article 1, point 24, of Directive 2001/83/EC and in Article 4, point 26, of Regulation (EU) 2019/6 in cases where it has to comply with specific requirements to preserve the quality of the medicinal product.
Amendment 336 #
2022/0396(COD)
Proposal for a regulation
Recital 29
Recital 29
(29) In order to prevent barriers to the internal market and ensure the efficient implementation of the obligations, economic operators should ensure that the plastic part of each unit of packaging contains a certain minimum percentage of recycled content recovered from post- consumer plastic waste calculated as an average of the plastic packaging placed by a producer on the Union market. This provision should not apply to food or feed contact plastic packaging in those cases when the recycled content risks affecting human and animal health and/or compromising the organoleptic characteristics of products.
Amendment 368 #
2022/0396(COD)
Proposal for a regulation
Recital 35
Recital 35
(35) The bio-waste waste stream is oftencould be contaminated with conventional plastics and the material recycling streams are oftencould be contaminated with compostable plastics. This cross-contamination could leads to waste of traditional and compostable resources, lower quality secondary raw materials and should be prevented at source. As the proper disposal route for compostable plastic packaging is becoming increasingly confusing for consumers, it is justified andTherefore, it is necessary to lay down clear and common rules on the use of compostableand disposal of plastic packaging, mandating it only when its use brings a clear benefit for the environment or for human health. This is particularly the case when the use of compostable packaging helps collect or dispose of bio-wastelabeled as compostable, including the possibility to mandating applications. This is particularly the case when the use of compostable packaging helps collect or recycle of bio-waste. All plastic packaging labeled as compostable shouldn’t go into material recycling.
Amendment 373 #
2022/0396(COD)
Proposal for a regulation
Recital 36
Recital 36
(36) For limited packaging applications made of biodegradable plastic polymers, there is a demonstrable environmental benefit of using compostable packagingThere is a demonstrable environmental benefit of using compostable packaging for specific packaging applications (e.g., those strictly linked to food and food waste), which enters composting plants, including anaerobic digestion facilities under controlled conditions. Furthermore, where appropriate waste collection schemes and waste treatment infrastructures are available in a Member State as required by Article 22 of Directive 2008/98, there should be a limited flexibility in deciding whether to mandate the use of compostable plastics for lightweight plastic carrier bags on its territory. In order to avoid consumer confusion about the correct disposal and considering the environmental benefit of circularity of the carbon, all other plastic packaging not labeled as compostable should go into material recycling and the design of such packaging should ensure that it does not affect the recyclability of other waste streams.
Amendment 377 #
2022/0396(COD)
Proposal for a regulation
Recital 37
Recital 37
Amendment 381 #
2022/0396(COD)
Proposal for a regulation
Recital 38
Recital 38
(38) In order to facilitate conformity assessment with requirements on compostable packaging, it is necessary to provide for presumption of conformity for compostable packaging which is in conformity with harmonised standards adopted in accordance with Regulation (EU) No 1025/2012 of the European Parliament and of the Council56for the purpose of expressing detailed technical specifications of those requirements and take into account, in line with the latest scientific and technological developments, the parameters, including compostquality of the output, proper processingtimes and admissible levels of contamination, which reflect the actual conditions in bio- waste treatment facilities, including anaerobic digestion processes. _________________ 56 Regulation (EU) No 1025/2012 of the European Parliament and of the Council of 25 October 2012 on European standardisation, amending Council Directives 89/686/EEC and 93/15/EEC and Directives 94/9/EC, 94/25/EC, 95/16/EC, 97/23/EC, 98/34/EC, 2004/22/EC, 2007/23/EC, 2009/23/EC and 2009/105/EC of the European Parliament and of the Council and repealing Council Decision 87/95/EEC and Decision No 1673/2006/EC of the European Parliament and of the Council Text with EEA relevance (OJ L 316, 14.11.2012, p. 12).
Amendment 385 #
2022/0396(COD)
Proposal for a regulation
Recital 39
Recital 39
Amendment 388 #
2022/0396(COD)
Proposal for a regulation
Recital 40
Recital 40
(40) Packaging should be designed, where relevant for a given shape, so as to minimise its volume and weight while maintaining its ability to perform the packaging functions, including those referred to in Article 3 (1). The manufacturer of packaging should assess the packaging against the performance criteria, as listed in Annex IV of this Regulation. In view of the objective of this Regulation to reduce packaging and packaging waste generation and to improve circularity of packaging across the internal market, it is appropriate to further specify the existing criteria and to make them more stringent. The list of the packaging performance criteria, as listed in the existing harmonised standard EN 13428:200057, should therefore be modified. While marketing and consumer acceptance remain relevant for packaging designpresentation,design and differentiation functionality, they should not be part ofthe mainperformance criteria justifying on their own additional packaging weight and volume. However, this should not compromise product or packagingspecifications for craft and industrial products and food , beveragesand agricultural products that are registered aundprotected under theEU geographical indication protection schemeer or otherwiseprotected by Union intellectual property law orEU geographical indication protection schemes, including third country geographical indication/products that have been given distinctive recognition by the Union, as part of the Union’s objective to protect intellectual property,cultural heritage and traditional know- how.Traditional packaging associated with products that have been given distinctive recognition or are subject to geographical indications of origin protection shall nevertheless look to reduce packaging weight to the lowest weight possible whilst protecting the shape of the packaging in line with the overall ambitions of this proposal. On the other hand, recyclability, the use of recycled content, and re-use may justify additional packaging weight or volume, and should be added to the performance criteria. Packaging with double walls, false bottoms and other characteristics only aimed to increase the perceived product volume should not be placed on the market, as it does not meet the requirement for packaging minimisation. The same rule should apply to superfluous packaging not necessary for ensuring packaging functionality. _________________ 57 Packaging – Requirements specific to manufacturing and composition – Prevention by source reduction.
Amendment 409 #
2022/0396(COD)
Proposal for a regulation
Recital 44
Recital 44
(44) It is necessary to inform consumers and to enable them to appropriately dispose of packaging waste, including compostable lightweight and very lightweight plastic carrier bags. The most appropriate manner to do this is to establish a harmonised labelling system based on the material composition of packaging for sorting of waste, and to pair it with corresponding labels on waste receptacles. To this end, the Commission and the Member States should provide incentives, including economic ones, especially to micro- enterprises and SMEs.
Amendment 416 #
2022/0396(COD)
Proposal for a regulation
Recital 47
Recital 47
(47) In order to inform end-users about reusability, availability of systems for re- use and location of collection points as regards reusable packaging, such packaging should bear a QR code or other data carrier that provides such information. The QR code should also facilitate tracking and the calculation of trips and rotations. In addition, reusable sales packaging should be clearly identified at the point of sale. To this end, the Commission and the Member States should provide incentives, including economic ones, especially to micro-enterprises and SMEs.
Amendment 416 #
2022/0396(COD)
Proposal for a regulation
Article 11 – paragraph 8
Article 11 – paragraph 8
Amendment 436 #
2022/0396(COD)
Proposal for a regulation
Recital 61
Recital 61
Amendment 460 #
2022/0396(COD)
Proposal for a regulation
Recital 67
Recital 67
(67) In order to reduce the increasing proportion of packaging that is single use and the growing amounts of packaging waste generated, it is necessary to establish quantitative re-use and refill targets on packaging in sectors, which have been assessed as having the greatest potential for packaging waste reduction, namely food and beverages for take-away, large- white goods and some transport packaging. This was appraised based on factors such as existing systems for re-use, necessity of using packaging and the possibility of fulfilling the functional requirements in terms of containment, tidiness, health, hygiene and safety. Differences of the products and their production and distribution systems, were also taken into account. The setting of the targets is expected to support the innovation and increase the proportion of re-use and refill solutions. The use ofIn accordance with Article 4(2) of Directive 2008/98/EC, restriction shall not apply for single -use packaging for food and beverages filled and consumed within the premises in the HORECA sector should not be alloweddelivering a better overall environmental outcome justified by life cycle thinking, as well as a better overall economic and health impact.
Amendment 461 #
2022/0396(COD)
Proposal for a regulation
Article 11 – paragraph 1 – subparagraph 1
Article 11 – paragraph 1 – subparagraph 1
From [OP: Please insert the date = 42 months after the entry into force of this Regulation], packaging shall be marked with a label containing information on its material composition according to the Decision 97/129/CE. This obligation does not apply to transport packaging. However, it applies to e-commerce packaging.
Amendment 465 #
2022/0396(COD)
Proposal for a regulation
Recital 68
Recital 68
(68) To increase their effectiveness and ensure the equal treatment of economic operators, the re-use and refill targets should be placed on the economic operators. In cases of targets for beverages, they should be additionally placed also on the manufacturers, as these actors are able to control the packaging formats used for the products they offer and decide based on thorough consideration of logistics, environmental, technical, industrial and consumer criteria. The targets should be calculated as a percentage of sales in reusable packaging within a system for re- use or through refill or, in case of transport packaging, as a percentage of uses. The targets should be material neutral. A detailed assessment should be carried out to ensure that reuse targets can be implemented in a safe, economically viable and environmentally sustainable way that would bring tangible benefits compared to recyclable alternatives. In order to ensure uniform conditions for the implementation of targets for re-use and refill, the power to adopt an implementing act in accordance with Article 291 of the Treaty on the methodology for their calculation, should be delegated to the Commission.
Amendment 466 #
2022/0396(COD)
Proposal for a regulation
Article 11 – paragraph 1 – subparagraph 2
Article 11 – paragraph 1 – subparagraph 2
Amendment 473 #
2022/0396(COD)
Proposal for a regulation
Article 11 – paragraph 2
Article 11 – paragraph 2
2. From [OP: Please insert the date = 48 months after the date of entry into force of this Regulation], packaging shall bear a label on packaging reusability and a QR code or other type of digital data carrier that provides further information on packaging reusability including the availability of a system for re-use and of collection points, and that facilitates the tracking of the packaging and the calculation of trips and rotations. In addition, reusable sales packaging shall be clearly identified and distinguished from single use packaging at the point of sale.
Amendment 479 #
2022/0396(COD)
Proposal for a regulation
Article 11 – paragraph 4 – subparagraph 1
Article 11 – paragraph 4 – subparagraph 1
Labels referred to in paragraphs 1 to 3 and the QR code or other type of digital data carrier referred to in paragraph 2 shall be placed, printed or engraved visibly, clearly legibly and indelibly on the packaging. Where this is not possible or not warranted on account of the nature and size of the packaging, they shall be affixed to the grouped packaging, or alternatively, it can be shown in the transport documents accompanying the goods, or on other external supports, even digital.
Amendment 484 #
2022/0396(COD)
Proposal for a regulation
Recital 78
Recital 78
(78) In order to ensure uniform conditions for the implementation of the recourse to common technical specifications, the power to adopt implementing acts in accordance with Article 291 of the Treaty should be delegated to the Commission to lay down, amend or repeal common technical specifications for the requirements on sustainability, labelling and systems for re- use, and to adopt test, measurement or calculation methods. That should be limited to those cases where technical standardization is unable to provide a concrete response to the purposes of this Regulation.
Amendment 488 #
2022/0396(COD)
Proposal for a regulation
Article 11 – paragraph 7
Article 11 – paragraph 7
7. Without prejudice to requirements concerning other harmonised EU labels, economic operators shall not provide or display labels, marks, symbols or inscriptions that are likely to mislead or confuse consumers or other end users with respect to the sustainability requirements for packaging, other packaging characteristics or packaging waste management options, for which harmonised labelling has been laid down in this Regulation. Labelling under this Article and Article 12 shall not impair recyclability.
Amendment 490 #
2022/0396(COD)
Proposal for a regulation
Article 11 – paragraph 8
Article 11 – paragraph 8
8. Packaging included in an extended producer responsibility scheme or covered by a deposit and return system other than that referred to in Article 44(1) may be identified by means of a corresponding symbol throughout the territory in which that scheme or system applies. That symbol shall be clear and unambiguous and shall not mislead consumers or users as to the recyclability or reusability of the packaging. All labelling requirements under this article should not lead to disproportionate bureaucratic and economic burdens, especially for micro and SMEs.
Amendment 495 #
2022/0396(COD)
Proposal for a regulation
Recital 91
Recital 91
(91) To achieve an ambitious and sustained reduction in the overall packaging waste generation, targets should be laid down for the reduction of packaging waste per capita to be achieved by 2030. Meeting a target of 5 % reduction in 2030 compared to 2018 should entail an overall absolute reduction of approximately 19 % on average acmaterial (plastics, wood, ferrosus the Union in 2030 compared to the 2030 baseline. Member States should reduce packaging waste generation by 10 %, compared to 2018, by 2035; this is estimated to reduce packaging waste by 29 % compared to the 2030 baseline. In order to ensure that the reduction efforts continue beyond 2030, a reduction target of 10 % from 2018, which would mean a reduction of 29 % compared to baseline, should be set for 2035 and, for 2040, a reduction target of 15 % from 2018, which means a reduction of 37 % compared to baseline should be establishedmetals, aluminium, glass and paper and cardboard) per capita to be achieved by 2040.
Amendment 503 #
2022/0396(COD)
Proposal for a regulation
Recital 91 a (new)
Recital 91 a (new)
(91a) Waste prevention through reduction at source by material should be a key guiding principle, as per the existing harmonised standard EN 13428:200030, whereby the substitution of one packaging material by another is not a basis for source reduction.
Amendment 516 #
2022/0396(COD)
Proposal for a regulation
Recital 98
Recital 98
(98) Regulation (EU) 2022/2065 of the European Parliament and of the Council66lays down rules on the traceability of traders, which more specifically contain obligations for providers of online platforms allowing consumers to conclude distance contracts with producers offering packaging to consumers located in the Union. In order to prevent free-riding from the extended producer responsibility obligations, it should be specified how such providers of online platforms should fulfil those obligations with regard to the registers of packaging producers established pursuant to this Regulation. In that context, providers of online platforms, falling within the scope of Section 4 of Chapter 3 of Regulation (EU) 2022/2065, allowing consumers to conclude distance contracts with producers should obtain from those producers information about their compliance with the extended producer responsibility rules set out in this Regulation. The rules on traceability of traders selling packaging online are subject to the enforcement rules set out in Regulation (EU) 2022/2065. As it can be difficult to supervise the concrete application of the obligations of the Regulation in the case of distance selling, particular attention should be paid to tools and control methods that ensure the proper implementation of the provisions. _________________ 66 Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on a Single Market For Digital Services and amending Directive 2000/31/EC (Digital Services Act) (OJ L 277, 27.10.2022, p. 1).
Amendment 516 #
2022/0396(COD)
Proposal for a regulation
Article 22
Article 22
Amendment 522 #
2022/0396(COD)
Proposal for a regulation
Article 22
Article 22
Amendment 529 #
2022/0396(COD)
Proposal for a regulation
Recital 103
Recital 103
(103) Deposit and return systems should be obligatory for single use plastic beverage bottles and metal beverage containers. Member States might also decide to include other packaging in these systems, in particular single use glass bottles, and should ensure that deposit and return systems for single-use packaging formats, in particular for single use glass beverage bottles, are equally available for reusable packaging, where technically and economically feasible. They should consider establishing deposit and return systems also for reusable packaging. In such situations, a Member State should be allowed, while observing the general rules laid down in the Treaty and complying with the provisions set out in this Regulation, adopt provisions which go beyond the minimum requirements set out in this Regulation.
Amendment 551 #
2022/0396(COD)
Proposal for a regulation
Article 26 – paragraph 1
Article 26 – paragraph 1
1. From 1 January 2030, economic operators making large household appliances listed in point 2 of Annex II to Directive 2012/19/EU available on the market for the first time within the territory of a Member State shall ensure that 940 % of those products are made available in reusable transport packaging within a system for re-use.
Amendment 558 #
2022/0396(COD)
Proposal for a regulation
Article 26 – paragraph 2
Article 26 – paragraph 2
Amendment 560 #
2022/0396(COD)
Proposal for a regulation
Article 26 – paragraph 2 – point a
Article 26 – paragraph 2 – point a
Amendment 568 #
2022/0396(COD)
Proposal for a regulation
Article 26 – paragraph 2 – point b
Article 26 – paragraph 2 – point b
Amendment 570 #
2022/0396(COD)
Proposal for a regulation
Recital 141 a (new)
Recital 141 a (new)
(141a) For the sake of clarity for food business operators, the nomenclature codes referred to food categories mentioned in Article 26 and Article 44 are taken from the Combined Nomenclature as defined in Article 1(2) of Council Regulation (EEC) No 2658/871 and as set out in Annex I thereto, which are valid at the time of publication of this Regulation and mutatis mutandis as amended by subsequent legislation.
Amendment 572 #
2022/0396(COD)
Proposal for a regulation
Article 26 – paragraph 3
Article 26 – paragraph 3
Amendment 580 #
2022/0396(COD)
Proposal for a regulation
Article 26 – paragraph 3 – point a
Article 26 – paragraph 3 – point a
Amendment 583 #
2022/0396(COD)
Proposal for a regulation
Article 2 – paragraph 1
Article 2 – paragraph 1
1. This Regulation applies to all packaging, with the exception of packaging approved for the transport of dangerous goods regardless of the material used, and to all packaging waste, whether such waste is used in or originates from industry, other manufacturing, retail or distribution, offices, services or households.
Amendment 587 #
2022/0396(COD)
Proposal for a regulation
Article 26 – paragraph 3 – point b
Article 26 – paragraph 3 – point b
Amendment 588 #
2022/0396(COD)
Proposal for a regulation
Article 2 – paragraph 2
Article 2 – paragraph 2
2. This Regulation applies without prejudice to Union regulatory requirements for packaging such as those regarding safety, quality, the protection of health and the hygiene of the packed products, or to transport requirements, as well as without prejudice to the provisions of the Directive 2008/98/EC as regards the management of hazardous waste and as regards the requirements provided for in paragraph 2 of Article 4 of Directive 2008/98/EC.
Amendment 593 #
2022/0396(COD)
Proposal for a regulation
Article 26 – paragraph 4
Article 26 – paragraph 4
Amendment 593 #
2022/0396(COD)
Proposal for a regulation
Article 43 – paragraph 1
Article 43 – paragraph 1
1. By January 2023, Member States shall ensure that systems are set up to provide for the return and separate collection of all packaging waste from the end users in a given year in order to ensure that it is treated in accordance with Articles 4 and 13 of Directive 2008/98/EC, and to facilitate its preparation for re-use and high quality recycling. Packaging complying with Design for Recycling criteria adopted on the basis of article 6(4) shall be collected for recycling.
Amendment 598 #
2022/0396(COD)
Proposal for a regulation
Article 26 – paragraph 4 – point a
Article 26 – paragraph 4 – point a
Amendment 602 #
2022/0396(COD)
Proposal for a regulation
Article 26 – paragraph 4 – point b
Article 26 – paragraph 4 – point b
Amendment 604 #
2022/0396(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 1 – point f
Article 3 – paragraph 1 – point 1 – point f
(f) permeable tea or coffee bagsingle- serve units necessary to contain a tea or coffee product and intended to be used and disposed of together with the product;
Amendment 609 #
2022/0396(COD)
Proposal for a regulation
Article 26 – paragraph 5
Article 26 – paragraph 5
Amendment 613 #
2022/0396(COD)
Proposal for a regulation
Article 26 – paragraph 5 – point a
Article 26 – paragraph 5 – point a
Amendment 615 #
2022/0396(COD)
Proposal for a regulation
Article 26 – paragraph 5 – point b
Article 26 – paragraph 5 – point b
Amendment 616 #
2022/0396(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 1 – point g
Article 3 – paragraph 1 – point 1 – point g
(g) coffee or tea systemprotective beverage single-serve unit necessary to contain a coffee or tea product and intended to be used and disposed of together with the product;
Amendment 620 #
2022/0396(COD)
Proposal for a regulation
Article 26 – paragraph 6
Article 26 – paragraph 6
Amendment 626 #
2022/0396(COD)
Proposal for a regulation
Annex V
Annex V
Amendment 627 #
2022/0396(COD)
Proposal for a regulation
Article 26 – paragraph 6 – point a
Article 26 – paragraph 6 – point a
Amendment 629 #
2022/0396(COD)
Proposal for a regulation
Article 26 – paragraph 6 – point b
Article 26 – paragraph 6 – point b
Amendment 634 #
2022/0396(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 18 a (new)
Article 3 – paragraph 1 – point 18 a (new)
(18a) 'plastic packaging' means packaging consisting of plastics as the predominant material.
Amendment 635 #
2022/0396(COD)
Proposal for a regulation
Article 26 – paragraph 7 – introductory part
Article 26 – paragraph 7 – introductory part
7. Economic operators using transport packaging in the form of pallets, plastic crates, foldable plastic boxes, pails and drumscrates, boxes, for the conveyance or packaging of products in conditions other than provided for under paragraphs 12 and 13 shall ensure that:
Amendment 637 #
2022/0396(COD)
Proposal for a regulation
Article 26 – paragraph 7 – point a
Article 26 – paragraph 7 – point a
Amendment 642 #
2022/0396(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 19
Article 3 – paragraph 1 – point 19
(19) ‘composite packaging’ means a unit of packaging made of two or more different materials, excluding materials used for labels, closures and sealing, which cannot be separated manually and therefore form a single integraloatings, linings, paints, inks, adhesives, closures and sealing which are considered as part of the weight of the main packaging material, which cannot be separated manually and therefore form a single integral unit, unless a given material constitutes an insignificant part of the packaging unit and in no case more than 15% of the total mass of the packaging unit;
Amendment 644 #
2022/0396(COD)
Proposal for a regulation
Article 26 – paragraph 7 – point b
Article 26 – paragraph 7 – point b
Amendment 645 #
2022/0396(COD)
Proposal for a regulation
Article 26 – paragraph 8 – point a
Article 26 – paragraph 8 – point a
Amendment 649 #
2022/0396(COD)
Proposal for a regulation
Article 26 – paragraph 8 – point b
Article 26 – paragraph 8 – point b
Amendment 657 #
2022/0396(COD)
Proposal for a regulation
Article 26 – paragraph 9 – point a
Article 26 – paragraph 9 – point a
Amendment 660 #
2022/0396(COD)
Proposal for a regulation
Article 26 – paragraph 9 – point b
Article 26 – paragraph 9 – point b
Amendment 669 #
2022/0396(COD)
Proposal for a regulation
Article 26 – paragraph 10 – introductory part
Article 26 – paragraph 10 – introductory part
10. Economic operators using grouped packaging in the form of boxes, excluding cardboard, used outside of sales packaging to group a certain number of products to create a stock-keeping or distribution unit shall ensure that:
Amendment 672 #
2022/0396(COD)
Proposal for a regulation
Article 26 – paragraph 10 – point a
Article 26 – paragraph 10 – point a
Amendment 678 #
2022/0396(COD)
Proposal for a regulation
Article 26 – paragraph 10 – point b
Article 26 – paragraph 10 – point b
Amendment 688 #
2022/0396(COD)
Proposal for a regulation
Article 26 – paragraph 12 – subparagraph 2
Article 26 – paragraph 12 – subparagraph 2
This obligation applies to pallets, boxes, excluding cardboard, trays, plastic crates, intermediate bulk containers, drums and canisters, of all sizes and materials, including flexible formats. Products following under the scope of infant formula and follow-on formula products, processed cereal-based food and baby food, and food for special medical purposes as defined in Article 1, point (a), (b) and (c) of Regulation (EU) 609/2013 shall be exempted from the targets foreseen in paragraph 6 of this Article.
Amendment 695 #
2022/0396(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 32
Article 3 – paragraph 1 – point 32
(32) ‘recycled at scale’ means collected, sorted and recycled through installed state-of-the-art infrastructure and processes, covering at least 75 % of the Union populationthe existence of a clear pathway, including the development of sufficient capacity for the collected packaging waste to be directed towards defined and recognised waste streams through established industrial processes for reprocessing, including packaging waste exported from the Union that meets the requirements of Article 47(5);
Amendment 702 #
2022/0396(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 32 a (new)
Article 3 – paragraph 1 – point 32 a (new)
(32a) 'high quality recycling’ means any recovery operation, as defined in Article 3, point (17), of Directive 2008/98/EC, that ensures that the distinct quality of the collected and sorted waste is preserved or recovered during that recovery operation, so that the resulting recycled materials are of sufficient quality to substitute primary raw materials with minimal loss of quantity, quality or function;
Amendment 716 #
2022/0396(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 34
Article 3 – paragraph 1 – point 34
(34) ‘integrated component’ means a packaging component that may be distinct from the main body of the packaging unit, and may be of a different material, but is integral to the packaging unit and its functioning and does not need to be separated from the main packaging unit in order to consume the product and is typically discarded at the same time as the packaging unit, although not necessarily in the same disposal route;is recommended to be disposed together with the main body of the packaging.
Amendment 723 #
2022/0396(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 35
Article 3 – paragraph 1 – point 35
(35) ‘separate component’ means a packaging component that is distinct from the main body of the packaging unit, which may be of a different material, that needs to becan be manually disassembled completely and permanently from the main packaging unit in order to access the product, and that is typically discarded prior to anbody of the packaging by the end consumer, and that is recommended to be disposed separately from the main body of the packaging unit;
Amendment 725 #
2022/0396(COD)
Proposal for a regulation
Article 26 – paragraph 15
Article 26 – paragraph 15
15. Economic operators shall be exempted from the obligation to meet the targets in paragraphs 2 to 6 if, during a calendar year, they have a sales area of not more than 1300 m2, including also all storage and dispatch areas.
Amendment 729 #
2022/0396(COD)
Proposal for a regulation
Article 26 – paragraph 15 a (new)
Article 26 – paragraph 15 a (new)
15a. Economic operators will be exempted from the obligation to meet the targets in subparagraphs 1-13 provided that the packaging material used, as defined in Annex II: (a) achieves a minimum EU-wide recycling rate of 85% by 2030, as calculated in Article 47; (b) achieves a minimum 90% recycling rate at the EU level by 2040, as calculated in Article 47; (c) is recycled on a large scale, as calculated in Article 6(6).
Amendment 733 #
2022/0396(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 38
Article 3 – paragraph 1 – point 38
Amendment 741 #
2022/0396(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 39 a (new)
Article 3 – paragraph 1 – point 39 a (new)
(39a) “recycled content in plastic packaging” is the amount of material contained in the packaging obtained from any recycling process of pre-consumer and post-consumer waste, whether to be recycled mechanically, physically or chemically.
Amendment 746 #
2022/0396(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 39 b (new)
Article 3 – paragraph 1 – point 39 b (new)
(39b) 'pre-consumer plastic waste' means plastic waste that is generated from production and converting of plastic material.
Amendment 783 #
2022/0396(COD)
Proposal for a regulation
Article 3 – paragraph 2
Article 3 – paragraph 2
The definitions of ‘substance of concern’ and ‘data carrier’ laid down in Article [2 points (28) and (30)] of Regulation [Ecodesign for sustainable products] shall apply;
Amendment 799 #
2022/0396(COD)
Proposal for a regulation
Article 4 – paragraph 5
Article 4 – paragraph 5
Amendment 812 #
2022/0396(COD)
Proposal for a regulation
Article 4 – paragraph 6 a (new)
Article 4 – paragraph 6 a (new)
6a. Any additional Member State information and labelling requirements that go beyond the requirements of this Regulation shall not be considered as mandatory but used on a voluntary basis.
Amendment 816 #
2022/0396(COD)
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
1. Packaging shall be so manufactured that the presence and concentration of substances of concernthat meet the criteria in Article 57 and identified in accordance with Article 59(1) in a concentration above 0,1 % weight by weight (w/w) as laid down the Regulation (EC) No 1907/2006, as constituents of the packaging material or of any of the packaging components is minimised, including with regard to their presence in emissions and any outcomes of waste management, such as secondary raw materials, ashes or other material for final disposal.
Amendment 819 #
2022/0396(COD)
Proposal for a regulation
Article 58 – paragraph 2
Article 58 – paragraph 2
2. The power to adopt delegated acts referred to in Article 5(5), Article 6(4), Article 6(6), Article 7(9), Article 7(10), Article 7(11), Article 8(5), Article 22(4), Article 26(16) and Article 57(3) shall be conferred on the Commission for a period of ten years from date of entry into force of this Regulation. The Commission shall draw up a report in respect of the delegation of power no later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension no later than 3 months before the end of each period.
Amendment 821 #
2022/0396(COD)
Proposal for a regulation
Article 5 – paragraph 2
Article 5 – paragraph 2
2. Without prejudice toOther than the substances criteria laid down in Article 5(1), shall be applied the restrictions on chemicals set out in Annex XVII of Regulation (EC) No 1907/2006 or, where applicable, to the restrictions and specific measures on food contact packaging in Regulation (EC) No 1935/2004, the sum of concentration levels of lead, cadmium, mercury and hexavalent chromium resulting from substances present in packaging or packaging components shall not exceed 100 mg/kg.
Amendment 825 #
2022/0396(COD)
Proposal for a regulation
Annex I – paragraph 12
Annex I – paragraph 12
Beverage system capsules (e.g. coffee, cacao, milk) intended to be disposed empty after use;
Amendment 835 #
2022/0396(COD)
Proposal for a regulation
Annex V
Annex V
Amendment 843 #
2022/0396(COD)
Proposal for a regulation
Article 5 – paragraph 4
Article 5 – paragraph 4
4. Recyclability requirements established in delegated acts adopted pursuant to Article 6(5)by CEN - European Committee for Standardization shall not restrict the presence of substances in packaging or packaging components for reasons relating primarily to chemical safety. They shall address, as appropriate, substances of concern that negatively affect the re-use and recycling of materials in the packaging in which they are present, and shall, as appropriate, identify the specific substances concerned and their associated criteria and limitations.
Amendment 867 #
2022/0396(COD)
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
1. All packaging shall be recyclable from 1 January 2030.
Amendment 875 #
2022/0396(COD)
Proposal for a regulation
Article 6 – paragraph 2 – subparagraph 1 – point a
Article 6 – paragraph 2 – subparagraph 1 – point a
(a) it is designed for recycling or, for compostable packaging, is compliant with point a), b) and c) of Annex III;
Amendment 894 #
2022/0396(COD)
Proposal for a regulation
Article 6 – paragraph 2 – subparagraph 1 – point d
Article 6 – paragraph 2 – subparagraph 1 – point d
(d) except for compostable plastics, it can be recycled so that the resulting secondary raw materials are of sufficient quality to substitute the primarya raw materials;
Amendment 910 #
2022/0396(COD)
Proposal for a regulation
Article 6 – paragraph 2 – subparagraph 2
Article 6 – paragraph 2 – subparagraph 2
Points (a) to (d) shall apply from 1 January 2030 and point (e) shall apply from 1 January 2035.
Amendment 934 #
2022/0396(COD)
Proposal for a regulation
Article 6 – paragraph 3
Article 6 – paragraph 3
3. Recyclable packaging shall, from 1 January 2030, comply with the design for recycling criteria as laid down in the delegated actsCEN standards, where applicable, adopted pursuant to paragraph 4 and, from 1 January 2035, also with the recyclability at scale requirements laid down in the delegated actCEN standards adopted pursuant to paragraph 6. Where such packaging complies with those delegated actstandards, it shall be considered to comply with paragraph 2, points (a) and (e).
Amendment 953 #
2022/0396(COD)
Proposal for a regulation
Article 6 – paragraph 4 – subparagraph 1
Article 6 – paragraph 4 – subparagraph 1
Amendment 974 #
2022/0396(COD)
Proposal for a regulation
Article 6 – paragraph 4 – subparagraph 2
Article 6 – paragraph 4 – subparagraph 2
The Commission is empowered to adopt delegated acts, in close cooperation with stakeholders, in accordance with Article 58 to amend Table 1 of Annex in order to adapt it to scientific and technical development in material and product design, collection, sorting and recycling infrastructure.
Amendment 1027 #
2022/0396(COD)
Proposal for a regulation
Article 6 – paragraph 7 – point b
Article 6 – paragraph 7 – point b
(b) detailed design for recycling criteria including material specific requirements on the quality of recycling, where and when needed, for each packaging formaterial and category listed in Table 1 of Annex II;
Amendment 1052 #
2022/0396(COD)
Proposal for a regulation
Article 6 – paragraph 9 – subparagraph 2
Article 6 – paragraph 9 – subparagraph 2
Where use is made of this derogation, innovative packaging shall be accompanied by technical documentation, referred to in Annex VII, demonstrating its innovative nature and showing compliance with the definition in Article 3(347) of this Regulation.
Amendment 1057 #
2022/0396(COD)
Proposal for a regulation
Article 6 – paragraph 10 – introductory part
Article 6 – paragraph 10 – introductory part
10. Until 31 December 2034, tThis Article shall not apply to the following:
Amendment 1062 #
2022/0396(COD)
Proposal for a regulation
Article 6 – paragraph 10 – point b
Article 6 – paragraph 10 – point b
(b) contact sensitive plastic packaging of medical devices covered by Regulation (EU) 2017/745;
Amendment 1065 #
2022/0396(COD)
Proposal for a regulation
Article 6 – paragraph 10 – point c
Article 6 – paragraph 10 – point c
(c) contact sensitive plastic packaging of in vitro diagnostics medical devices covered by Regulation (EU) 2017/746.
Amendment 1074 #
2022/0396(COD)
Proposal for a regulation
Article 6 – paragraph 10 a (new)
Article 6 – paragraph 10 a (new)
10a. outer packaging as defined in Article 1, point (24), of Directive 2001/83/EC and in Article 4, point (26), of Regulation (EU) 2019/6, in cases where such packaging is necessary to comply with specific requirements to preserve the quality of the medicinal product. Should the adoption of the delegated acts referred to in paragraphs 4 and 6 of this Article be delayed, a presumption of compliance with the points a) and e) of paragraph 2 shall apply to all packaging placed on the Union market until such delegated acts are adopted.
Amendment 1112 #
2022/0396(COD)
Proposal for a regulation
Article 7 – paragraph 1 – introductory part
Article 7 – paragraph 1 – introductory part
1. From 1 January 2030, the plastic part in packaging shall contain the following minimum percentage of recycled content recovered from pre-consumer or post- consumer plastic waste, per unit of packaging:
Amendment 1116 #
2022/0396(COD)
Proposal for a regulation
Article 7 – paragraph 1 – point a
Article 7 – paragraph 1 – point a
(a) 30 % for contact sensitive plastic packaging made from polyethylene terephthalate (PET) as the major component;
Amendment 1146 #
2022/0396(COD)
Proposal for a regulation
Article 7 – paragraph 1 – subparagraph 1 (new)
Article 7 – paragraph 1 – subparagraph 1 (new)
Targets per material shall be calculated as a percentage of the total number of units placed by a producer on the internal market.
Amendment 1175 #
2022/0396(COD)
Proposal for a regulation
Article 7 – paragraph 2 – introductory part
Article 7 – paragraph 2 – introductory part
2. From 1 January 2040, the plastic part in packaging shall contain the following minimum percentage of recycled content recovered from pre-consumer or post- consumer plastic waste, per unit of packaging:
Amendment 1187 #
2022/0396(COD)
Proposal for a regulation
Article 7 – paragraph 2 – subparagraph 1 (new)
Article 7 – paragraph 2 – subparagraph 1 (new)
Targets per material shall be calculated as a percentage of the total number of units placed by a producer on the internal market.
Amendment 1198 #
2022/0396(COD)
Proposal for a regulation
Article 7 – paragraph 3 – point c
Article 7 – paragraph 3 – point c
(c) contact sensitive plastic packaging of in vitro diagnostics medical devices covered by Regulation (EU) 2017/746;
Amendment 1213 #
2022/0396(COD)
Proposal for a regulation
Article 7 – paragraph 4
Article 7 – paragraph 4
4. Paragraphs 1 and 2 shall not apply to compostable plastic packaging. as well as to inks, adhesives, varnishes and coatings used on packaging. Compostable packaging can be placed on the market providing the presence of a minimum content of renewable raw material determined as percentage of carbon of biological origin present in packaging compared to the total carbon present therein and using for this purpose the current European standard on the subject based on radiocarbon methods EN 16640. Agricultural biomass used for the manufacture of compostable packaging complies with the criteria laid down in Article 29, paragraphs 2 to 5, of Directive (EU) 2018/2001. Forest biomass used for the manufacture compostable packaging complies with the criteria laid down in Article 29, paragraphs 6 and 7 of that Directive.
Amendment 1230 #
2022/0396(COD)
Proposal for a regulation
Article 7 – paragraph 4 a (new)
Article 7 – paragraph 4 a (new)
4a. By 12 months from the entry into force of this Regulation, compostable packaging shall contain a minimum content of renewable raw material of at least 60%.
Amendment 1232 #
2022/0396(COD)
Proposal for a regulation
Article 7 – paragraph 4 b (new)
Article 7 – paragraph 4 b (new)
4b. Paragraphs 1 and 2 shall not apply to innovative packaging as defined at article 3 para 37.
Amendment 1240 #
2022/0396(COD)
6. By 1 January 2030, the financial contributions paid by producers to comply with their extended producer responsibility obligations as laid down in Article 40 shall be modulated based on the percentage of recycled content used in the packagingtaking into account the cost of packaging waste management and the revenues from sales of secondary materials.
Amendment 1246 #
2022/0396(COD)
Proposal for a regulation
Article 7 – paragraph 7
Article 7 – paragraph 7
7. By 31 December 2026, the Commission is empowered to adopt implementing acts establishing the methodology for the calculation and verification of the percentage of recycled content recovered from post-consumer plastic waste, per unit of plastic packaging, and the format for the technical documentation referred to in Annex VII. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 59(3). The implementing acts can specify that calculation of recycled content from packaging covered by Regulation No 1935/2004 on materials and articles intended to come into contact with food is only included in the calculation of recycled content if the packaging application is also covered by Regulation No 1935/2004 on materials and articles intended to come into contact with food.
Amendment 1287 #
2022/0396(COD)
Proposal for a regulation
Article 7 – paragraph 9 – subparagraph 1
Article 7 – paragraph 9 – subparagraph 1
By 1 January 2028, the Commission shall assess the need for derogations from the minimum percentage laid down in paragraph 1, points b and d, for specific plastic packaging, or for the revision of the derogation established under paragraph 3 for specific plastic packaging.
Amendment 1309 #
2022/0396(COD)
Proposal for a regulation
Article 7 – paragraph 9 – subparagraph 2 – point a
Article 7 – paragraph 9 – subparagraph 2 – point a
(a) provide for derogations from the scope, timing or level of minimum percentage laid down in paragraph 1, points b and d, for specific plastic packaging, and, as appropriate,
Amendment 1312 #
2022/0396(COD)
Proposal for a regulation
Article 7 – paragraph 9 – subparagraph 2 – point b
Article 7 – paragraph 9 – subparagraph 2 – point b
Amendment 1347 #
2022/0396(COD)
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. By 2030 [OP: please insert the date = 24 months from the entry into force of this Regulation], packaging referred to in Article 3(1), points (f) and (g), sticky labels attached to fruit and vegetables and very lightweight plastic carrier bags shall be compostable in industrially controlled conditions in bio-waste treatment facilities and therefore allowed to be collected in bio-waste receptacles.
Amendment 1362 #
2022/0396(COD)
Proposal for a regulation
Article 8 – paragraph 1 a (new)
Article 8 – paragraph 1 a (new)
1a. Compostable packaging can be placed on the market providing the presence of a minimum content of renewable raw material determined as percentage of carbon of biological origin present in packaging compared to the total carbon present therein and using for this purpose the current European standard on the subject based on radiocarbon methods EN 16640. Agricultural biomass used for the manufacture of compostable packaging complies with the criteria laid down in Article 29, paragraphs 2 to 5, of Directive (EU) 2018/2001. Forest biomass used for the manufacture compostable packaging complies with the criteria laid down in Article 29, paragraphs 6 and 7 of that Directive.
Amendment 1363 #
2022/0396(COD)
Proposal for a regulation
Article 8 – paragraph 2
Article 8 – paragraph 2
Amendment 1372 #
2022/0396(COD)
Proposal for a regulation
Article 8 – paragraph 2 a (new)
Article 8 – paragraph 2 a (new)
2a. Member States which have transposed Article 22 of Directive 2008/98 and have appropriate waste collection schemes and waste treatment infrastructure are empowered to require that lightweight plastic carrier bags shall be compostable in industrially controlled conditions. The same provision shall apply to compostable packaging formats.
Amendment 1378 #
2022/0396(COD)
Proposal for a regulation
Article 8 – paragraph 3
Article 8 – paragraph 3
3. By [OP: Please insert the date = 24 months from the date of entry into force of this Regulation], packaging, labeled as compostable, other than that referred to in paragraphs 1 and 2, including packaging made of biodegradshall comply with the criteria listed in Annex III. Packaging made with compostable material that is not labele plastic polymers,d as compostable shall allow material recycling without affecting the recyclability of other waste streams.
Amendment 1381 #
2022/0396(COD)
Proposal for a regulation
Article 8 – paragraph 4 a (new)
Article 8 – paragraph 4 a (new)
4a. By [OP: please insert the date = 12 months from the entry into force of this Regulation] compostable packaging shall contain a minimum content of renewable raw material of at least 60%.
Amendment 1383 #
2022/0396(COD)
Proposal for a regulation
Article 8 – paragraph 5
Article 8 – paragraph 5
5. TAfter an assessment of the Expert Group, the Commission shall be empowered to adopt delegated acts in accordance with Article 58 to amend paragraphs 1 and 2 of this Article by addingdd other types of packaging to the types of packaging covered by those paragraphs 1 and 2 of this Article when it is justified and appropriate due to technological and regulatory developments impacting the disposal of compostable packaging and under the conditions set out in Annex III. A public register containing the lists of such applications should be established and updated by the Commission.
Amendment 1390 #
2022/0396(COD)
Proposal for a regulation
Article 8 – paragraph 5 a (new)
Article 8 – paragraph 5 a (new)
5a. By 1 January 2030, the financial contributions paid by producers to comply with their extended producer responsibility obligations as laid down in Article 40 shall be collected and managed by a dedicated extended producer responsibility scheme.
Amendment 1402 #
2022/0396(COD)
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. PBy 1 January 2030, packaging shall be designed so that its weight and volume is reduced to the minimum necessary for ensuring its functionalitys, as listed in the definition of packaging in Article 3(1), taking account of the material that the packaging is made of and its design, for a given material and a given shape.
Amendment 1422 #
2022/0396(COD)
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
2. PBy 1 January 2030, packaging not necessary to comply with any of the performance criteria set out in Annex IV and packaging with characteristics that are only aimed to increase the perceived volume of the product, including double walls, false bottoms, and unnecessary layers, shall not be placed on the market, unless the packaging design is subject to geographical indications of origin, shall not be placed on the market, unless the product or packaging design is subject to intellectual property protection or benefits from the Union's geographical indications of origin protection or have been given distinctive product recognition by the Union, in each case protected under Union legislation.
Amendment 1432 #
2022/0396(COD)
Proposal for a regulation
Article 9 – paragraph 3 – subparagraph 1 – introductory part
Article 9 – paragraph 3 – subparagraph 1 – introductory part
Amendment 1437 #
2022/0396(COD)
Proposal for a regulation
Article 9 – paragraph 3 – subparagraph 2
Article 9 – paragraph 3 – subparagraph 2
For the purpose of assessing the compliance with this paragraph, space filled by paper cuttings, air cushions, bubble wraps, sponge fillers, foam fillers, wood wool, polystyrene, styrofoam chips or other filling materials shall be considered as empty space, unless required to protect and to transport the goods.
Amendment 1445 #
2022/0396(COD)
Proposal for a regulation
Article 9 – paragraph 4 – subparagraph 1 – point b
Article 9 – paragraph 4 – subparagraph 1 – point b
(b) the identification of the design requirements, including those related to intellectual property rights , which prevent further reduction of the packaging weight or volume, for each of these performance criteria;
Amendment 1465 #
2022/0396(COD)
Proposal for a regulation
Article 10 – paragraph 1 – point b
Article 10 – paragraph 1 – point b
Amendment 1498 #
2022/0396(COD)
Proposal for a regulation
Article 11 – paragraph 1 – subparagraph 1
Article 11 – paragraph 1 – subparagraph 1
Amendment 1530 #
2022/0396(COD)
Proposal for a regulation
Article 11 – paragraph 2
Article 11 – paragraph 2
2. From [OP: Please insert the date = 48 months after the date of entry into force of this Regul36 months after the adoption of the implementing act referred to in paragraph 5, information], on packaging shall bear a label on packaging reusability andreusability shall be marked on a label on packaging or shall be available through a QR code or other type of digital data carrier that provides further information on packaging reusability including the availability of a system for re-use and of collection points, and that facilitates the tracking of the packaging and the calculation of trips and rotations. In addition, reusable sales packaging shall be clearly identified and distinguished from single use packaging at the point of sale.
Amendment 1541 #
2022/0396(COD)
Proposal for a regulation
Article 11 – paragraph 4 – subparagraph 1
Article 11 – paragraph 4 – subparagraph 1
Labels referred to in paragraphs 1 to 3 and the QR code or other type of digital data carrier referred to in paragraph 2 shall be placed, printed or engraved visibly, clearly legibly and indelibly on the packaging. Where this is not possible or not warranted on account of the nature and size of the packaging, information should be conveyed to consumers via digital means of communication (e.g., website, QR code) or they shall be affixed to the grouped packaging.
Amendment 1547 #
2022/0396(COD)
Proposal for a regulation
Article 11 – paragraph 4 – subparagraph 1 a (new)
Article 11 – paragraph 4 – subparagraph 1 a (new)
By way of derogation from paragraph 4, the information referred to in paragraph 1 to 3 may be provided by electronic means identified on the package or on a label attached thereto.In such cases, the following requirements apply: (a) no user data shall be collected or tracked; (b) the information shall not be displayed with other information intended for sales or marketing purposes.
Amendment 1550 #
2022/0396(COD)
Proposal for a regulation
Article 11 – paragraph 4 – subparagraph 2
Article 11 – paragraph 4 – subparagraph 2
Where Union legislation requires information on the packaged product to be provided via a data carrier, a single data carrier shall be used for providing the information required for both the packaged product and the packaging. From [Please insert the date = 24 months after the entry into force of this Regulation] the Commission shall adopt guidance regarding provision of information by digital means.
Amendment 1557 #
2022/0396(COD)
Proposal for a regulation
Article 11 – paragraph 5
Article 11 – paragraph 5
5. By [OP: Please insert the date = 18 2 months after the date of entry into force of this Regulation], the Commission shall adopt implementing acts to establish a harmonised label and specifications for the labelling requirements and formats for the labelling of or the digital provision of information related to packaging referred to in paragraphs 1 to 3 and the labelling of waste receptacles referred to in Article 12. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 59(3).
Amendment 1562 #
2022/0396(COD)
Proposal for a regulation
Article 11 – paragraph 6
Article 11 – paragraph 6
6. By [OP: Please insert the date = 124 months after the date of entry into force of this Regulation], the Commission shall adopt implementing acts to establish the methodology for identifying the material composition of packaging referred to in paragraph 1 by means of digital marking technologies. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 59(3).
Amendment 1574 #
2022/0396(COD)
Proposal for a regulation
Article 11 – paragraph 8
Article 11 – paragraph 8
8. Packaging included in an extended producer responsibility scheme or covered by a deposit and return system other than that referred to in Article 44(1) mayshall be identified by means of a corresponding symbol throughout the territory in which that scheme or system applies. That symbol shall be clear and unambiguous and shall not mislead consumers or users as to the recyclability or reusability of the packagingharmonised symbol to be established via an implementing act by the Commission in accordance with the examination procedure referred to in Article 59 (3).
Amendment 1580 #
2022/0396(COD)
Proposal for a regulation
Article 11 – paragraph 8 a (new)
Article 11 – paragraph 8 a (new)
8a. Packaging referred to in paragraphs 1, 2 and 3, manufactured or imported before these deadlines, may be marketed until the stocks of the products are exhausted.
Amendment 1585 #
2022/0396(COD)
Proposal for a regulation
Article 11 – paragraph 8 b (new)
Article 11 – paragraph 8 b (new)
8b. This Article shall not apply to pharmaceutical packaging.
Amendment 1607 #
2022/0396(COD)
Proposal for a regulation
Article 13 – paragraph 6
Article 13 – paragraph 6
Amendment 1630 #
2022/0396(COD)
Proposal for a regulation
Article 16 – paragraph 3
Article 16 – paragraph 3
Amendment 1643 #
2022/0396(COD)
Proposal for a regulation
Article 17 – paragraph 2 – point c
Article 17 – paragraph 2 – point c
(c) the manufacturer and the importer have complied with the requirements set out in Article 13(5) and (6) and Article 16(3) respectively.
Amendment 1666 #
2022/0396(COD)
Proposal for a regulation
Article 21 – paragraph 1
Article 21 – paragraph 1
1. Economic operators who supply products to a final distributor or an end user in grouped packaging, transport packaging or e-commerce packaging, shall ensure that the empty space ratio is maximum 40 %inimised subject to the provisions within Part 1 and Part 2 of Annex IV.
Amendment 1684 #
2022/0396(COD)
Proposal for a regulation
Article 21 – paragraph 2 – subparagraph 2
Article 21 – paragraph 2 – subparagraph 2
Space filled by filling materials such as paper cuttings, air cushions, bubble wraps, sponge fillers, foam fillers, wood wool, polystyrene or Styrofoam chips, shall be considered as empty space, unless required to protect and to transport the goods.
Amendment 1697 #
2022/0396(COD)
Proposal for a regulation
Article 22
Article 22
Amendment 1780 #
Amendment 2162 #
Amendment 2217 #
2022/0396(COD)
Proposal for a regulation
Article 38 – paragraph 1 – introductory part
Article 38 – paragraph 1 – introductory part
1. Each Member State shall reduce the packaging waste generated per capita, as compared to the packaging waste generated per capita in 2018the year of entry into force of this Regulation as reported to the Commission in accordance with Decision 2005/270/EC, for each of the specific materials contained in packaging waste listed in article 46, by
Amendment 2242 #
Amendment 2253 #
2022/0396(COD)
Proposal for a regulation
Article 38 – paragraph 3
Article 38 – paragraph 3
3. For the purpose of paragraph 2, Member States may use economic instruments and other measures to provide incentives for the application of the waste hierarchy, such as measures referred to in Annexes IV and IVa to Directive 2008/98/EC, or other appropriate instruments and measures, including incentives through extended producer responsibility schemes and requirements on producers or producer responsibility organisations to adopt waste prevention plans. Such measures shall be proportionate and non-discriminatory and be designed so as to avoid barriers to trade or distortions of competition in conformity with the Treaty and with Article 4 of this Regulation.
Amendment 2271 #
2022/0396(COD)
Proposal for a regulation
Article 39 – paragraph 2
Article 39 – paragraph 2
2. Producers shall be obliged to register in the register referred to in paragraph 1. They shall, to that end, submit an application for registration in each Member State where they make packaging available on the market for the first timethe home country. Where a producer has appointed a producer responsibility organisation as referred to in Article 41(1), the obligations set out in this Article shall be met by that organisation, unless otherwise specified by the Member State in which the register is established.
Amendment 2305 #
2022/0396(COD)
Proposal for a regulation
Article 43 – paragraph 1
Article 43 – paragraph 1
1. By 1 January 2030, Member States shall ensure that systems are set up to provide for the return and the separate collection of 90% of all packaging waste from the end users of each packaging format listed in Table 1 Annex II, in a given year, in order to ensure that it is treated in accordance with Articles 4 and 13 of Directive 2008/98/EC, and to facilitate its preparation for re-use and high quality recycling.
Amendment 2352 #
2022/0396(COD)
Proposal for a regulation
Article 43 – paragraph 1
Article 43 – paragraph 1
1. By 1 January 2030, Member States shall ensure that systems are set up to provide for the return and the separate collection of 90% of all packaging waste from the end users of each packaging format listed in Table 1 Annex II, in a given year, in order to ensure that it is treated in accordance with Articles 4 and 13 of Directive 2008/98/EC, and to facilitate its preparation for re-use and high quality recycling.
Amendment 2353 #
2022/0396(COD)
Proposal for a regulation
Article 43 – paragraph 1
Article 43 – paragraph 1
1. By 1 January 2030, Member States shall ensure that systems are set up to provide for the return and the separate collection of 90% of all packaging waste from the end users of each packaging format listed in Table 1 Annex II, in a given year, in order to ensure that it is treated in accordance with Articles 4 and 13 of Directive 2008/98/EC, and to facilitate its preparation for re-use and high quality recycling.
Amendment 2685 #
2022/0396(COD)
Proposal for a regulation
Annex II – Table 1 – row 11 a (new)
Annex II – Table 1 – row 11 a (new)
bottles and (11 a) Plastic PET - rigid flasks Opaque white
Amendment 2711 #
2022/0396(COD)
Proposal for a regulation
Annex II – Table 2 a (new)
Annex II – Table 2 a (new)
Indicative parameters that may be considered when developing design criteria for recycling under Article 6: 1. Additives 2. Labels 3. Closure systems and small parts 4. Adhesives 5. Printing inks 6. Colours 7. Material composition 8. Barriers / coatings 9. Ease of dismantling
Amendment 131 #
2022/0358(COD)
Proposal for a regulation
Article 2 – paragraph 1
Article 2 – paragraph 1
1. This Regulation applies to providers of online short-term rental platforms that offer services to hostand online short-term rental advertising platforms that offer services to hosts and other online short-term rental platforms providing short-term accommodation rental services in the Union, irrespective of their place of establishment.
Amendment 132 #
2022/0358(COD)
Proposal for a regulation
Article 2 – paragraph 1 a (new)
Article 2 – paragraph 1 a (new)
1a. This Regulation also applies to hosts providing short-term accommodation rental services in the Union, their intermediaries and the local authorities managing the data collected, irrespective of their place of establishment.
Amendment 139 #
2022/0358(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 1 – introductory part
Article 3 – paragraph 1 – point 1 – introductory part
(1) ‘unit’ means a furnished accommodation located in the Union that is the subject of the provision of a short-term accommodation rental service, as further defined by national law. It does not include the following:
Amendment 145 #
2022/0358(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 3 a (new)
Article 3 – paragraph 1 – point 3 a (new)
(3a) ‘property manager’ means any entity that has been retained to perform and carry out short term rentals, operation and management services at one or more of the units owned by the host;
Amendment 147 #
2022/0358(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 6 a (new)
Article 3 – paragraph 1 – point 6 a (new)
(6a) ‘online short-term rental advertising platform’ means a service within the meaning of Article 3, point (i) and (j) of Regulation (EU) 2022/2065, that display advertising of short-term accommodation rental services on their platform but that do not allow guests to conclude distance contracts with hosts for the provision of short-term accommodation rental services;
Amendment 157 #
2022/0358(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 11
Article 3 – paragraph 1 – point 11
(11) ‘activity data’ means the number of nights for which a unit is rented corresponding to the number of actual stays in the unit and the number of guests that have been declared to stayed in the unit per night, and, in accordance with Regulation (EU) 692/2011, their country or geographical area of residence;
Amendment 161 #
2022/0358(COD)
Proposal for a regulation
Article 4 – paragraph 2 – point a a (new)
Article 4 – paragraph 2 – point a a (new)
(aa) the requirements on hosts underlying the registration procedures are proportionate, non-discriminatory and justified;
Amendment 163 #
2022/0358(COD)
Proposal for a regulation
Article 4 – paragraph 2 – point b
Article 4 – paragraph 2 – point b
(b) registration procedures allow for theonline, automatic and, immediate issue of a registration number for a specific unit upon the submission by the host of the information referred to in Article 5(1) and, where appropriate, any supporting documentation required pursuant to Article 5(2);
Amendment 169 #
2022/0358(COD)
Proposal for a regulation
Article 4 – paragraph 2 – point g
Article 4 – paragraph 2 – point g
(g) hosts are required, when offering their short-term accommodation rental services via an online short-term rental platform or an online short-term rental advertising platform, to declare whether the unit offered is located in an area where a registration procedure has been established or applies and, if so, to provide the registration number.
Amendment 184 #
2022/0358(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point a – point 4 a (new)
Article 5 – paragraph 1 – point a – point 4 a (new)
(4a) where applicable, if the host uses the intermediary services of a property manager;
Amendment 195 #
2022/0358(COD)
Proposal for a regulation
Article 5 – paragraph 6
Article 5 – paragraph 6
6. Hosts shall be responsible for the accuracy of the information that they provide to competent authorities pursuant to this Article, and of the information that they provide to online short-term rental platforms and to online short-term rental advertising platforms pursuant to Article 7 of this Regulation.
Amendment 200 #
2022/0358(COD)
Proposal for a regulation
Article 6 – paragraph 3
Article 6 – paragraph 3
3. Where a host fails to rectify the requested information pursuant to paragraph 2, the competent authority shall have the power to suspend the validity of the affected registration numbers and to issue an order requesting online short-term rental platforms and short-term advertising platforms to remove or disable access to any listing relating to the unit or units in question without undue delay.
Amendment 205 #
2022/0358(COD)
Proposal for a regulation
Article 6 – paragraph 4
Article 6 – paragraph 4
4. Where a competent authority, after verification pursuant to paragraph 1, finds that there are manifest and serious doubts as regards the authenticity and validity of the information or documentation submitted pursuant to Article 5(1) and 5(2), it shall have the power to suspend the validity of the affected registration numbers and to issue an order requesting online short-term rental platforms and online short-term rental advertising platforms to remove or disable access to any listing relating to the unit or units in question without undue delay.
Amendment 215 #
2022/0358(COD)
Proposal for a regulation
Article 6 – paragraph 6 – point b
Article 6 – paragraph 6 – point b
(b) clear information enabling the provider of the online short-term rental platform or the provider of the online short-term rental advertising platform to identify and locate the listing or listings concerned, such as one or more exact uniform resource locators (URL) and the identity of the competent authority;
Amendment 217 #
2022/0358(COD)
Proposal for a regulation
Article 6 – paragraph 6 – point c
Article 6 – paragraph 6 – point c
(c) the identity of the host andregistration number of the unit offered for short-term accommodation rental services.
Amendment 233 #
2022/0358(COD)
(c) make reasonable efforts to regularly carry out randomly checks of the declaration of the hosts concerning the existence or not of a registration procedure, taking into account the list made available pursuant to Article 13(1), point (a), and, where such a procedure exists, the validity of the registration number provided by the host, including through the use of the functionalities offered by the Single Digital Entry Points referred to in Article 10(2), point (b), after allowing the offering of the short-term accommodation rental services by the host.
Amendment 259 #
2022/0358(COD)
Proposal for a regulation
Article 10 – paragraph 2 – point b
Article 10 – paragraph 2 – point b
(b) facilitate random checks by online short-term rental platforms and by online short-term rental advertising platforms pursuant to Article 7(1), point (c) of the validity of registration numbers provided by hosts;
Amendment 311 #
2022/0358(COD)
Proposal for a regulation
Article 19 – paragraph 2
Article 19 – paragraph 2
It shall apply from [OP please insert date = 12 months after the date of entry into force of this Regulation]. However, Article 7 and Article 9 shall apply from [OP please insert date = 24 months after the date of entry into force of this Regulation].
Amendment 127 #
2022/0272(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) Under certain conditions, all products with digital elements integrated in or connected to a larger electronic information system can serve as an attack vector for malicious actors. As a result, even hardware and software considered as less critical can facilitate the initial compromise of a device or network, enabling malicious actors to gain privileged access to a system or move laterally across systems. Manufacturers should therefore ensure that all connectable products with digital elements connected to external network or device are designed and developed in accordance with essential requirements laid down in this Regulation. This includes both products that can be connected to external networks or device physically via hardware interfaces and products that are connected logically, such as via network sockets, pipes, files, application programming interfaces or any other types of software interface. As cybersecurity threats can propagate through various products with digital elements before reaching a certain target, for example by chaining together multiple vulnerability exploits, manufacturers should also ensure the cybersecurity of those products that are only indirectly connected to other devices or networks.
Amendment 128 #
2022/0272(COD)
Proposal for a regulation
Recital 7 a (new)
Recital 7 a (new)
(7a) This regulation should not apply to the internal networks of a product with digital elements if these networks have dedicated endpoints and are secured from external data connection.
Amendment 129 #
2022/0272(COD)
Proposal for a regulation
Recital 7 b (new)
Recital 7 b (new)
(7b) This regulation should not apply to spare parts intended solely to replace defective parts of products with digital elements, in order to restore their functionality.
Amendment 141 #
2022/0272(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) In order not to hamper innovation or research, free and open-source software developed or supplied outside the course of a commercial activity should not be covered by this Regulation. This is in particular the case for software, including its source code and modified versions, that is openly shared and freely accessible, usable, modifiable and redistributable. In the context of software, a commercial activity might be characterized not only by charging a price for a product, but also by charging a price for technical support services,solely occurs when a price is charged for the use of a product with the intention of making a profit or by providing a software platform through which the manufacturer monetises other services, or by the usemonetization of personal data for reasons other than exclusively for improving the security, compatibility or interoperability of the software.
Amendment 143 #
2022/0272(COD)
Proposal for a regulation
Recital 13 a (new)
Recital 13 a (new)
(13a) Agricultural and forestry vehicles in scope of Regulations (EU) 167/2013 of the European Parliament and of the Council fall also in the scope of this Regulation. In order to avoid regulatory overlaps, additional cybersecurity requirements in future amendments of Regulation (EU) 167/2013 should not be foreseen.
Amendment 155 #
2022/0272(COD)
Proposal for a regulation
Recital 26
Recital 26
(26) Critical products with digital elements should be subject to stricter conformity assessment procedures, while keeping a proportionate approach. For this purpose, critical products with digital elements should be divided into two classes, reflecting the level of cybersecurity risk linked to these categories of products. A potential cyber incident involving products in class II might lead to greater negative impacts than an incident involving products in class I, for instance due to the nature of their cybersecurity-related function or intended use in sensitive environments, and therefore should undergo a stricter conformity assessment procedure. Periodical checks should be carried out to ensure that the list of critical products with digital elements is updated.
Amendment 171 #
2022/0272(COD)
Proposal for a regulation
Recital 36
Recital 36
(36) Manufacturers of products with digital elements should put in place coordinated vulnerability disclosure policies that are coordinated in terms of frequency and timing to facilitate the reporting of vulnerabilities by individuals or entities. A coordinated vulnerability disclosure policy should specify a structured process through which vulnerabilities are reported to a manufacturer in a manner allowing the manufacturer to diagnose and remedy such vulnerabilities before detailed vulnerability information is disclosed to third parties or to the public. Given the fact that information about exploitable vulnerabilities in widely used products with digital elements can be sold at high prices on the black market, manufacturers of such products should be able to use programmes, as part of their coordinated vulnerability disclosure policies, to incentivise the reporting of vulnerabilities by ensuring that individuals or entities receive recognition and compensation for their efforts (so-called ‘bug bounty programmes’).
Amendment 190 #
2022/0272(COD)
Proposal for a regulation
Recital 62
Recital 62
(62) In order to ensure that the regulatory framework can be adapted where necessary, the power to adopt acts in accordance with Article 290 of the Treaty should be delegated to the Commission in respect of updates to the list of critical products in Annex III and specifying the definitions of the these product categories. Such updates shall be carried out periodically by the Commission, ensuring timely changes to the list of critical products in Annex III. Power to adopt acts in accordance with that Article should be delegated to the Commission to identify products with digital elements covered by other Union rules which achieve the same level of protection as this Regulation, specifying whether a limitation or exclusion from the scope of this Regulation would be necessary as well as the scope of that limitation, if applicable. Power to adopt acts in accordance with that Article should also be delegated to the Commission in respect of the potential mandating of certification of certain highly critical products with digital elements based on criticality crieria set out in this Regulation, as well as for specifying the minimum content of the EU declaration of conformity and supplementing the elements to be included in the technical documentation. 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 Inter-institutional Agreement of 13 April 2016 on Better Law-Making33. In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States’ experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts. _________________ 33 OJ L 123, 12.5.2016, p. 1.
Amendment 206 #
2022/0272(COD)
Proposal for a regulation
Article 2 – paragraph 1
Article 2 – paragraph 1
1. This Regulation applies to products with digital elements whose intended or reasonably foreseeable use includes a direct or indirect logical or physical data connection to an external device or network. This Regulation does not apply to the electronic communications networks as defined in Article 2, point (1), of Directive (EU) 2018/1972 in which products with digital elements are integrated.
Amendment 216 #
2022/0272(COD)
Proposal for a regulation
Article 2 – paragraph 5 a (new)
Article 2 – paragraph 5 a (new)
5a. This Regulation does not apply to free and open-source software, including its source code and modified versions, except when such software is provided in exchange for a price or as a monetised product with the intention of making a profit rather than performing maintenance.
Amendment 218 #
2022/0272(COD)
Proposal for a regulation
Article 2 – paragraph 5 b (new)
Article 2 – paragraph 5 b (new)
5b. 6 (new) This Regulation does not apply to the internal networks of a product with digital elements if these networks have dedicated endpoints and are secured from external data connection.
Amendment 219 #
2022/0272(COD)
Proposal for a regulation
Article 2 – paragraph 5 c (new)
Article 2 – paragraph 5 c (new)
5c. 7 (new) This Regulation shall not apply to spare parts intended solely to replace defective parts of products with digital elements, in order to restore their functionality.
Amendment 230 #
2022/0272(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 11
Article 3 – paragraph 1 – point 11
(11) ‘physical connection’ means any connection between electronic information systems or components implemented using physical means, including through electrical or mechanical interfaces, wires or radio wav or wires;.
Amendment 252 #
2022/0272(COD)
Proposal for a regulation
Article 4 – paragraph 3
Article 4 – paragraph 3
3. Member States shall not prevent the making available of unfinished software which does not comply with this Regulation provided that the software is only made available for a limited period required for testing purposes and that a visible sign clearly indicates that it does not comply with this Regulation and will not be available on the market for purposes other than testing.
Amendment 258 #
2022/0272(COD)
Proposal for a regulation
Article 6 – paragraph 2 – introductory part
Article 6 – paragraph 2 – introductory part
2. The Commission is empowered to adopt delegated acts in accordance with Article 50 to amend Annex III by including in the list of categories of critical products with digital elements a new category or withdrawing an existing one from that list. The Commission should carry out periodical checks to assess whether the list of critical products with digital elements needs to be integrated or updated. When assessing the need to amend the list in Annex III, the Commission shall take into account the level of cybersecurity risk related to the category of products with digital elements. In determining the level of cybersecurity risk, one or several of the following criteria shall be taken into account:
Amendment 271 #
2022/0272(COD)
Proposal for a regulation
Article 10 – paragraph 2
Article 10 – paragraph 2
2. For the purposes of complying with the obligation laid down in paragraph 1, manufacturers shall undertake an assessment of the cybersecurity risks associated with a data connection to an external device or network of a product with digital elements and take the outcome of that assessment into account during the planning, design, development, production, delivery and maintenance phases of the product with digital elements with a view to minimising cybersecurity risks, preventing security incidents and minimising the impacts of such incidents, including in relation to the health and safety of users.
Amendment 277 #
2022/0272(COD)
Proposal for a regulation
Article 10 – paragraph 6 – subparagraph 1
Article 10 – paragraph 6 – subparagraph 1
When placing a product with digital elements on the market, and forthe manufacturer shall define the expected product lifetime or for a period of five years from the placing of the product on the market, whichever is shorter, manufacturers shall ensure that vulnerabilities of that product are handled effectively and in accordance with the essential requirements set out in Section 2 of Annex I. In doing so, the manufacturer shall ensure that expected product lifetime is in line with reasonable consumer expectations and that it promotes sustainability and the need to ensure long-lasting products with digital elements. Manufacturers shall ensure that vulnerabilities of that product are handled effectively and in accordance with the essential requirements set out in Section 2 of Annex I during at least the expected product lifetime or 10 years, whichever is shorter. Where applicable, the expected product lifetime shall be clearly stated on the product, its packaging or be included in contractual agreements.
Amendment 358 #
2022/0272(COD)
Proposal for a regulation
Article 16 – paragraph 1
Article 16 – paragraph 1
A natural or legal person, other than the manufacturer, the importer or the distributor, that carries out a substantial modification of the product with digital elements, with the intention of making a profit, shall be considered a manufacturer for the purposes of this Regulation.
Amendment 369 #
2022/0272(COD)
Proposal for a regulation
Article 19 – paragraph 1
Article 19 – paragraph 1
Where harmonised standards referred to in Article 18 do not exist or where the Commission considers that the relevant harmonised standards are insufficient to satisfy the requirements of this Regulation or to comply with the standardisation request of the Commission, or where there are undue delays in the standardisation procedure or where the request for harmonised standards by the Commission has not been accepted by the European standardisation organisations, as a last resort the Commission is empowered, by means of implementing acts, to adopt common specifications in respect of the essential requirements set out in Annex I. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 51(2).
Amendment 451 #
2022/0272(COD)
Proposal for a regulation
Article 55 – paragraph 3 a (new)
Article 55 – paragraph 3 a (new)
3a. 4 (new) By way of derogation, for products with digital elements falling in scope of Regulation (Machinery Regulation proposal) or Regulation (EU) 167/2013 of the European Parliament and of the Council, the application date referred to art. 57 is extended by (36 months).
Amendment 452 #
2022/0272(COD)
Proposal for a regulation
Article 55 – paragraph 3 b (new)
Article 55 – paragraph 3 b (new)
3b. By way of derogation for products with digital elements falling in scope of Regulation (Machinery Regulation proposal) or Regulation 2013/167, where the annual new sales in the EU of each type are fewer than (1000) units, the application date referred to art. 57 is extended by (60 months).
Amendment 456 #
2022/0272(COD)
Proposal for a regulation
Article 57 – paragraph 2
Article 57 – paragraph 2
It shall apply from [248 months after the date of entry into force of this Regulation]. However Article 11 shall apply from [124 months after the date of entry into force of this Regulation].
Amendment 464 #
2022/0272(COD)
Proposal for a regulation
Annex I – Part 1 – point 3 – introductory part
Annex I – Part 1 – point 3 – introductory part
(3) On the basis of the cybersecurity risk assessment referred to in Article 10(2) and where applicable, products with digital elements shall:
Amendment 469 #
2022/0272(COD)
Proposal for a regulation
Annex I – Part 1 – point 3 – point a a (new)
Annex I – Part 1 – point 3 – point a a (new)
(aa) be placed on the market without any known exploitable vulnerabilities towards an external device or network.
Amendment 504 #
2022/0272(COD)
Proposal for a regulation
Annex III – Part I – point 17
Annex III – Part I – point 17
17. Firewalls, Security Gateways, intrusion detection and/or prevention systems not covered by class II;
Amendment 508 #
2022/0272(COD)
Proposal for a regulation
Annex III – Part I – point 18
Annex III – Part I – point 18
18. Routers, modems intended for the connection to the internet, and switches, and other network nodes that are necessary for the provision of the connectivity service, not covered by class II;
Amendment 516 #
2022/0272(COD)
Proposal for a regulation
Annex III – Part I – point 23 a (new)
Annex III – Part I – point 23 a (new)
Amendment 533 #
2022/0272(COD)
Proposal for a regulation
Annex III – Part II – point 4
Annex III – Part II – point 4
4. Firewalls, Security Gateways, intrusion detection and/or prevention systems intended for industrial use;
Amendment 537 #
2022/0272(COD)
Proposal for a regulation
Annex III – Part II – point 7
Annex III – Part II – point 7
7. Routers, modems intended for the connection to the internet, and switches, and other network nodes that are necessary for the provision of the connectivity service, intended for industrial use;
Amendment 539 #
2022/0272(COD)
Proposal for a regulation
Annex III – Part II – point 11
Annex III – Part II – point 11
11. Smartcards, smartcard readers, biometric readers, and tokens;
Amendment 168 #
2022/0269(COD)
(22) Before initiating an investigation, competent authorities should request from the economic operators under assessment information on actions taken to mitigate, prevent or bring to an end risks of forced labour in their operations and value chains with respect to the products under assessment. Carrying out such due diligence in relation to forced labour should help the economic operator to be at a lower risk of having forced labour in its operations and value chains. Appropriate due diligence means that forced labour issues in the value chain have been identified and addressed in accordance with relevant Union legislation and international standards. This Regulation should be subsidiary to Due Diligence processes and be the last resort instrument to be applied when supply chain due diligence has not been properly executed according to applicable international guidelines. That implies that where the competent authority considers that there is no substantiated concern of a violation of the prohibition, for instance due to, but not limited to the applicable legislation, guidelines, recommendations or any other due diligence in relation to forced labour being applied in a way that mitigates, prevents and brings to an end the risk of forced labour, no investigation should be initiated.
Amendment 384 #
2022/0269(COD)
Proposal for a regulation
Article 4 – paragraph 2
Article 4 – paragraph 2
2. In their assessment of the likelihood that economic operators violated Article 3, competent authorities shall focus on the economic operators involved in the steps of the value chain as close as possible to where the risk of forced labour is likely to occcausing forced labour and take into account the size and economic resources of the economic operators, the quantity of products concerned, as well as the scale of suspected forced labour.
Amendment 406 #
2022/0269(COD)
Proposal for a regulation
Article 4 – paragraph 4
Article 4 – paragraph 4
4. Economic operators shall respond to the request of the competent authority referred to in paragraph 3 within 15 30 working days from the day they received such request. Economic operators may provide to competent authorities any other information they may deem useful for the purposes of this Article.
Amendment 420 #
2022/0269(COD)
Proposal for a regulation
Article 4 – paragraph 6
Article 4 – paragraph 6
6. The competent authority shall duly take into account where the economic operator demonstrates that it carries out due diligence on the basis of identified forced labour impact in its supply chain, adopts and carries out measures suitable and effective for bringing to an end forced labour in a short period of time. , aligned with EU and international legislation including the Directive on Corporate Sustainability Due Diligence (CSDDD) and the UN Guiding Principles on business and human rights, for mitigating, preventing or bringing an end to forced labour.
Amendment 430 #
2022/0269(COD)
Proposal for a regulation
Article 4 – paragraph 7
Article 4 – paragraph 7
7. Competent authorities shall not initiate an investigation pursuant to Article 5, and shall inform the economic operators under assessment accordingly, where, on the basis of the assessment referred to in paragraph 1 and the information submitted by economic operators pursuant to paragraph 4, the competent authorities consider that there is no substantiated concern of a violation of Article 3, for instance due to, but not limited to, the applicable legislation, guidelines, recommendations or any other due diligence in relation to forced labour referred to in paragraph 3 being applied in a way that mitigates, prevents andor brings to an end the risk of forced labour.
Amendment 432 #
2022/0269(COD)
Proposal for a regulation
Article 4 a (new)
Article 4 a (new)
Article 4 a Burden of evidence Competent authorities shall bear the burden of establishing that forced labour has been used at any stage of production, manufacture, harvest or extraction of a product, including working or processing related to the product on the basis of all information and evidence gathered during the investigation, including its preliminary phase.
Amendment 435 #
2022/0269(COD)
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
1. Competent authorities that, pursuant to Article 4(5), determine that value chain due diligence has not been properly executed according to applicable international guidelines and that therefore there is a substantiated concern of a violation of Article 3, shall decide, as last resort instrument. to initiate an investigation on the products and economic operators concerned.
Amendment 471 #
2022/0269(COD)
Proposal for a regulation
Article 5 – paragraph 4
Article 5 – paragraph 4
4. Economic operators shall submit the information within 1530 working days from the request referred to in paragraph 3 or make a justified request for an extension of that time limit.
Amendment 580 #
2022/0269(COD)
Proposal for a regulation
Article 8 – paragraph 5
Article 8 – paragraph 5
5. Economic operators that have been affected by a decision of a competent authority pursuant to this Regulation shall have access to a court to review the procedural and substantive legality of the decision. Economic operators shall be entitled to compensation or damages for the prohibition, withdrawal or destruction of products arising from a wrongful decision by a competent authority.
Amendment 626 #
2022/0269(COD)
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
1. The Commission shall call upon external expertise and all relevant stakeholders to provide an indicative, non- exhaustive, verifiableed, solid and regularly updated database of forced labour risks in specific geographic areas or with respect to specific products including with regard to forced labour imposed by state authorities. The database shall be based on the guidelines referred to in Article 23, points (a), (b) and (c), and relevant reliable external sources of information from, amongst others, international organisations and third country authorities.
Amendment 643 #
2022/0269(COD)
Proposal for a regulation
Article 11 – paragraph 2
Article 11 – paragraph 2
2. The Commission shall ensure that the database is made publicly available by the external expertise at the lateleast 2410 months after the entry into force of this Regulation.
Amendment 728 #
2022/0269(COD)
Proposal for a regulation
Article 23 – paragraph 1 – introductory part
Article 23 – paragraph 1 – introductory part
The Commission shall issue guidelines no later than 180 months after the entry into force of this Regulation, which shall include the following:
Amendment 749 #
2022/0269(COD)
Proposal for a regulation
Article 23 – paragraph 1 – point d
Article 23 – paragraph 1 – point d
(d) further information to facilitate the competent authorities’detailed guidance for competent authorities to garantee homogeneous implementation of this Regulation;
Amendment 799 #
2022/0269(COD)
Proposal for a regulation
Article 26 – paragraph 1
Article 26 – paragraph 1
1. In order to facilitate effective implementation and enforcement of this Regulation, the Commission mayshall as appropriate cooperate, engage and exchange information with, amongst others, authorities of third countries, international organisations, civil society representatives and business organisations. International cooperation with authorities of third countries shall take place in a structured way as part of the existing dialogue structures with third countries or, if necessary, specific ones that will be created on an ad hoc basis.
Amendment 59 #
2022/0219(COD)
Proposal for a regulation
Article 7 – paragraph 1 – point c
Article 7 – paragraph 1 – point c
(c) the actions shall be carried out by a consortium of at least threfive Member States;
Amendment 73 #
2022/0219(COD)
Proposal for a regulation
Article 8 – paragraph 4
Article 8 – paragraph 4
4. Contractors and subcontractors involved in the common procurement shall be established and have their executive management structures in the Union or in an associated country. They shall not be subject to control by a non- associated third country or by a non- associated third country entity or, alternatively, shall have been subject to screening within the meaning of Regulation (EU) 2019/452 and, where necessary, mitigation measures, taking into account the objectives referred to in Article 3.
Amendment 78 #
2022/0219(COD)
Proposal for a regulation
Article 8 – paragraph 5
Article 8 – paragraph 5
5. By way of derogation from paragraph 4, a legal entity established in the Union or in an associated third country and controlled by a non-associated third country or a non-associated third country entity may participate asin the common procurement if it provides guarantees verified by the Member State or associated country in which the contractor andor subcontractor involved in the common procurement only if it provides guarantees approved by the Member State or associated thirdis established. The guarantees shall provide assurances that the involvement of the contractor or subcontractor involved in the common procurement does not country in which the contractor is established. avene the security and defence interests of the Union and its Member States as established in the framework of CFSP pursuant to Title V of the TEU, or the objectives set out in Article 3.
Amendment 92 #
2022/0219(COD)
Proposal for a regulation
Article 8 – paragraph 9
Article 8 – paragraph 9
9. Common procurement procedures and contracts shall also include a requirement for the defence product to not be subject to a restriction by a non- associated third country or a non- associated third country entity directly, or indirectly through one or ore intermediary legal entities, that limits Member States´ ability to use it.
Amendment 50 #
2022/0155(COD)
Proposal for a regulation
Recital 1
Recital 1
(1) Information society services have become very important for communication, expression, gathering of information and many other aspects of present-day life, including for children but also for perpetrators of child sexual abuse offences. Such offences, which are subject to minimum rules set at Union level, are very serious criminal offences that need to be prevented and combated effectively in order to protect children’s rights and well- being, as is required under the Charter of Fundamental Rights of the European Union (‘Charter’), and to protect families and society at large. Users of such services offered in the Union should be able to trust that the services concerned can be used safely, especially by children.
Amendment 52 #
2022/0155(COD)
Proposal for a regulation
Recital 1 a (new)
Recital 1 a (new)
(1a) In order to effectively prevent online child sexual abuse, Member States are called upon to strengthen preventive measures, including conducting awareness-raising campaigns for parents and educators, delivering relationships and sex education that is appropriate for the age of the children in collaboration with parents or with their consent, delivering training in the use of digital tools, in particular including education on the sensible use of screens and sounding the alarm about the dangers of children being exposed to pornography. Member States should ensure they make specialised age-appropriate support services available to abuse victims. Member States are called upon to combat the culture of impunity that may be result from an ineffective and lax judicial system and not to tolerate the sexualisation of children in the media or in artistic culture.
Amendment 126 #
2022/0155(COD)
Proposal for a regulation
Recital 60
Recital 60
(60) In the interest of legal certainty and effectiveness, the tasks of the EU Centre should be listed in a clear and comprehensive manner. With a view to ensuring the proper implementation of this Regulation, those tasks should relate in particular to the facilitation of the detection, reporting and blocking obligations imposed on providers of hosting services, providers of publicly available interpersonal communications services and providers of internet access services. However, for that same reason, the EU Centre should also be charged with certain other tasks, notably those relating to the implementation of the risk assessment and mitigation obligations of providers of relevant information society services, the removal of or disabling of access to child sexual abuse material by providers of hosting services, the provision of assistance to Coordinating Authorities, as well as the generation and sharing of knowledge and expertise related to online child sexual abuse. The EU Centre will act as a centre of expertise by collecting, facilitating and disseminating good practice. Its expertise will enable it, in particular, to issue proposals concerning the prevention of the risks of exposing children to pornography and the dangers associated with children being over- exposed to screens.
Amendment 129 #
2022/0155(COD)
Proposal for a regulation
Recital 66
Recital 66
(66) With a view to contributing to the effective application of this Regulation and the protection of victims’ rights, the EU Centre should be able, upon request, to support victims and to assist Competent Authorities by conducting searches of hosting services for the dissemination of known child sexual abuse material that is publicly accessible, using the corresponding indicators. Where it identifies such material after having conducted such a search, the EU Centre should also be able to request the provider of the hosting service concerned to remove or disable access to the item or items in question, given that the provider may not be aware of their presence and may be willing to do so on a voluntary basis. The EU Centre must be able to work in collaboration with, and refer child victims to, relevant competent authorities and support services, such as victim protection centres, women’s shelters, children’s specialised services, social services, children’s rights organisations and family associations, as well as healthcare professionals in the Member States.
Amendment 137 #
2022/0155(COD)
Proposal for a regulation
Recital 74 a (new)
Recital 74 a (new)
(74a) Given the purpose of this regulation, namely to combat and prevent child sexual abuse, the EU Centre should have a Children’s Rights and Survivors Advisory Board composed of experts, including specialist child psychiatrists and representatives of family associations, with an advisory function relating to children’s rights and the victims’ and survivors’ perspective. The Children’s Rights and Survivors Advisory Board may, in particular, provide expertise to support the work of the EU Centre, within the scope of its mandate.
Amendment 423 #
2022/0155(COD)
Proposal for a regulation
Article 25 – paragraph 5
Article 25 – paragraph 5
5. Each Member State shall ensure that a contact point is designated or established within the Coordinating Authority’s office to handle requests for clarification, feedback and other communications in relation to all matters related to the application and enforcement of this Regulation in that Member State. Member States shall make the information on the contact point publicly available and communicate it to the EU Centre. They shall keep that information updated and disseminate it through campaigns aimed at children in the places they frequent.
Amendment 432 #
2022/0155(COD)
Proposal for a regulation
Article 25 – paragraph 8 a (new)
Article 25 – paragraph 8 a (new)
8a. The EU Centre shall support Member States in designing age- appropriate and gender-appropriate preventive measures aimed at children, as well as their parents or legal representatives, such as organising awareness-raising campaigns to combat child sexual abuse and delivering relationships and sex education tailored to the age of children within the school framework, in collaboration with their parents or legal representatives, or with their consent.
Amendment 53 #
2022/0147(COD)
Proposal for a directive
Recital 13
Recital 13
(13) Certain consumer financial services are governed by specific Union acts, which continue to apply to those financial services. In order to ensure legal certainty, it should be clarified that where another Union act governing specific financial services contains rules on pre-contractual information or on the exercise of the right of withdrawal, only the respective provisions of those other Union acts should apply to those specific consumer financial services with the exception of the relevant provisions of this Directive, unless provided otherwise in those acts. For instance, when Article 186 of Directive 2009/138/EC of the European Parliament and of the Council19 applies, the rules concerning the 'cancellation period' laid down in Directive 2009/138/EC apply and not the rules on the right of withdrawal laid down in this Directive and when Article 14(6) of Directive 2014/17/EU of the European Parliament and of the Council20 applies, the rules on the right of withdrawal under this Directive should not apply. Union acts governing specific financial services should prevail over the rules of this Directive even where these Union acts do not provide for any pre-contractual information or right of withdrawal or adequate information. Likewise, certain Union acts governing specific financial services21 contain extensive and developed rules designed to ensure that consumers are able to understand the essential characteristics of the proposed contract Furthermore, certain Union acts governing specific financial services, such as Directive 2014/17/EU on credit agreements for consumers relating to residential immovable property22 , already lay down rules on adequate explanations to be provided by the traders to the consumers with respect to the proposed contract. In order to ensure legal certainty, the rules on adequate explanations set out in this Directive should not apply to financial services falling under Union acts governing specific financial services that contain rules on the information to be provided to the consumer prior to the conclusion of the contract. _________________ 19 Directive 2009/138/EC of the European Parliament and of the Council of 25 November 2009 on the taking-up and pursuit of the business of Insurance and Reinsurance (Solvency II) (OJ L 335, 17.12.2009, p. 1). 20 Directive 2014/17/EU of the European Parliament and of the Council of 4 February 2014 on credit agreements for consumers relating to residential immovable property and amending Directives 2008/48/EC and 2013/36/EU and Regulation (EU) No 1093/2010 (OJ L 60, 28.2.2014, p. 34). 21 Such as, Regulation (EU) 2019/1238 of the European Parliament and of the Council of 20 June 2019 on a pan- European Personal Pension Product (PEPP) (OJ L 198, 25.7.2019, p. 1), Directive 2014/65/EU of the European Parliament and of the Council of 15 May 2014 on markets in financial instruments and amending Directive 2002/92/EC and Directive 2011/61/EU (OJ L 173, 12.6.2014, p. 349), Directive (EU) 2016/97 of the European Parliament and of the Council of 20 January 2016 on insurance distribution (OJ L 26, 2.2.2016, p. 19), Directive 2014/92/EU of the European Parliament and of the Council of 23 July 2014 on the comparability of fees related to payment accounts, payment account switching and access to payment accounts with basic features (OJ L 257, 28.8.2014, p. 214) 22 Directive 2014/17/EU of the European Parliament and of the Council of 4 February 2014 on credit agreements for consumers relating to residential immovable property and amending Directives 2008/48/EC and 2013/36/EU and Regulation (EU) No 1093/2010 (OJ L 60, 28.2.2014, p. 34)
Amendment 58 #
2022/0147(COD)
Proposal for a directive
Recital 17
Recital 17
(17) The use of means of distance communications should not lead to an unwarranted restriction on the information provided to the consumer. In the interests of transparency, requirements should be laid down with regard to when the information should be provided to the consumer prior to the conclusion of the distance contract and how that information should reach the consumer. In order to be able to make their decisions in full knowledge of the facts, consumers should receive the information at least one day prior to the conclusion of the distance contract. Only in exceptional cases can the information be provided less than a day befin good time priore to the conclusion of the distance contract for financial service. In case the contract is concluded less than one day before, the trader, within the established timeframe, should be obliged to remind the consumer about the possibility to withdraw from the distance contract for financial service.
Amendment 76 #
2022/0147(COD)
Proposal for a directive
Recital 25
Recital 25
(25) For distance contracts concluded by electronic means, the trader shouldmay provide the consumer with the possibility to use a withdrawal button. In order for ensure the effective use of the withdrawal button, the trader should ensure that it is visible and, when the consumer uses the button, the trader should adequately document its use.
Amendment 104 #
2022/0147(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
1. BIn good time before the consumer is bound by a distance contract, or any corresponding offer, the trader shall provide the consumer with the following information, in a clear and comprehensible manner:
Amendment 107 #
2022/0147(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2011/83/EU
Article 16a – paragraph 1– point b
Article 16a – paragraph 1– point b
(b) the geographical address at which the trader is established as well as the trader’s telephone number andor email address or own digital platform; in addition, where the trader provides other means of online communication which guarantee that the consumer can keep any written correspondence, including the date and time of such correspondence, with the trader on a durable medium, the information shall also include details of those other means; all those means of communication provided by the trader shall enable the consumer to contact the trader quickly and communicate with him efficiently; where applicable, the trader shall also provide the geographical address and identity of the trader on whose behalf he is acting;
Amendment 125 #
2022/0147(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2011/83/EU
Article 16a – paragraph 2 – subparagraph 1
Article 16a – paragraph 2 – subparagraph 1
In the case of telephone communications or another means of distance communication initiated by the trader, the identity of the tradlatter and the commercial purpose of the call initiated by the traderommunication shall be made explicitly clear at the beginning of any conversation with the consumer.
Amendment 130 #
2022/0147(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2011/83/EU
Article 16a – paragraph 2 – subparagraph 2
Article 16a – paragraph 2 – subparagraph 2
Where the consumer explicitly agrees to continue the telephone communications, by way of derogation from paragraph 1, only the information referred to in points (a), (f), (g), and (p) of that paragraph needs to be provided.
Amendment 133 #
2022/0147(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2011/83/EU
Article 16a – paragraph 2 – subparagraph 3
Article 16a – paragraph 2 – subparagraph 3
The trader shall inform the consumer of the nature and the availability of the other information referred to in paragraph 1 and shall provide that information when fulfillingimmediately after the conclusion of the distance contract. For any other means of distance communication, which does not allow for the transmission of the contractual terms and conditions and the information in accordance with paragraph 1, the trader shall fulfil his obligations under that paragraph 3. immediately after the conclusion of the distance contract.
Amendment 152 #
2022/0147(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2011/83/EU
Article 16a – paragraph 6
Article 16a – paragraph 6
6. Where another Union act governing specific financial services contains rules on the information to be provided to the consumer prior to the conclusion of the contract, oand even if it does not provide for any information to be supplied in this respect, the application of the provisions of Article 16a of this Directive is excluded. Only the pre-contractual information requirements of that Union act shall apply to those specific financial services, unless provided otherwise in that act.
Amendment 155 #
2022/0147(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2011/83/EU
Article 16b – paragraph 1 – subparagraph 2 –point b
Article 16b – paragraph 1 – subparagraph 2 –point b
(b) the day on which the consumer receives the contractual terms and conditions and the information in accordance with Article 16a,, provided Article 16a is applicable or other Union act with requirements of pre-contractual information, receives such information if that is later than the date in point (a) of this subparagraph.
Amendment 159 #
2022/0147(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2011/83/EU
Article 16b – paragraph 2– point a
Article 16b – paragraph 2– point a
(a) consumer financial services whose price depends on fluctuations in the financial market outside the traders control, which may occur during the withdrawal period, such as, but not limited to, services related to:
Amendment 160 #
2022/0147(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 Directive 2011/83/EU
Article 1 – paragraph 1 – point 2 Directive 2011/83/EU
— foreign exchangeinancial instruments as defined in Annex I, Section C of Directive 2014/65/EU of the European Parliament and of the Council of 15 May 2014 on markets in financial instruments (Mifid II);
Amendment 161 #
2022/0147(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2011/83/EU
Article 16b – paragraph 2 – point a –indent 2
Article 16b – paragraph 2 – point a –indent 2
— money marpackaged retail and insurance- based investment product’ or ‘PRIIP’, as defined in Article 4 of Regulation (EU) No 1286/2014 of the European Parliament and of the Council of 26 November 2014 on kety instruments; transferable securitiesformation documents for packaged retail and insurance-based investment products (PRIIPs);
Amendment 162 #
2022/0147(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2011/83/EU
Article 16b – paragraph 2 – point a – indent 3
Article 16b – paragraph 2 – point a – indent 3
Amendment 163 #
2022/0147(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2011/83/EU
Article 16b – paragraph 2 – point a – indent 4
Article 16b – paragraph 2 – point a – indent 4
Amendment 164 #
2022/0147(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2011/83/EU
Article 16b – paragraph 2 – point a – indent 6
Article 16b – paragraph 2 – point a – indent 6
Amendment 165 #
2022/0147(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2011/83/EU
Article 16b – paragraph 2 – point a – indent 7
Article 16b – paragraph 2 – point a – indent 7
Amendment 177 #
2022/0147(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2011/83/EU
Article 16b – paragraph 5– subparagraph 1
Article 16b – paragraph 5– subparagraph 1
Member States shall ensure that, for distance contracts concluded by electronic means, the trader provides on-line adequate and comprehensive information aimed at ensuring an easy and conscious withdrawal from the contract, while the trader may provide a possibility to use a withdrawal button in order to facilitate the consumer’s exercise of the right of withdrawal. Such button shall be clearly labelled with the words ‘Withdraw from CIf this withdrawal button is offered by the trader, it shall be clearly labelled “Cancel the contract’” or a corresponding unambiguous formulationformulation without ambiguity.
Amendment 180 #
2022/0147(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2011/83/EU
Article 16b – paragraph 5 – subparagraph 3
Article 16b – paragraph 5 – subparagraph 3
The trader shall ensure that the activation of the withdrawal button results in an instant confirmation notice to the consumer that the right of withdrawal has been exercised, which shall include the date and time of the exercise of the right of withdrawal. Confirmation of the exercise of the right of withdrawal shall be provided by the trader to the consumer on a durable medium.
Amendment 192 #
2022/0147(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2011/83/EU
Article 16e
Article 16e
Amendment 118 #
2022/0115(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) For many years, geographical indication protection has been established at Union level for wines, spirit drinks6 , aromatised wines7 , as defined at Union level, as well as agricultural products and foodstuffs8 , as protected at Union level. It is appropriate to provide Union-wide geographical indication protection in respect of products falling outside the scope of existing regulations, while ensuring convergence, and aiming at encompassing a large variety of craft and industrial products, such as natural stones, jewellery, textiles, lace, cutlery, glass and porcelain. For most of these products, the link between quality and origin is provided by the tradition of production, so it is appropriate that this regulation can protect geographical names that coincide with the names of specific places or regions where the tradition of production in question is present in a known and established way. __________________ 6 Regulation (EU) 2019/787 of the European Parliament and of the Council of 17 April 2019 on the definition, description, presentation and labelling of spirit drinks, the use of the names of spirit drinks in the presentation and labelling of other foodstuffs, the protection of geographical indications for spirit drinks, the use of ethyl alcohol and distillates of agricultural origin in alcoholic beverages, and repealing Regulation (EC) No 110/2008 (OJ L 130, 17.5.2019, p. 1). 7 Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007 (OJ L 347 20.12.2013, p. 671). 8 Regulation (EU) No 1151/2012 of the European Parliament and of the Council of 21 November 2012 on quality schemes for agricultural products and foodstuffs (OJ L 343, 14.12.2012, p. 1).
Amendment 123 #
2022/0115(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) Member States should have the possibility to charge a registration fee to cover their costs of managing the geographical indication system for craft and industrial products. Member States should charge lower fees for micro, small or medium-sized enterprises (MSMEs). The Office should not charge a fee for the management of the Union application process. However, the Office should have the possibility to charge a fee for the direct registration. In that case, the fees charged by the Office should be laid down by an implementing act in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council14 . __________________ 14 Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers (OJ L 55, 28.2.2011, p. 13).
Amendment 127 #
2022/0115(COD)
Proposal for a regulation
Recital 14
Recital 14
(14) To qualify for protection in the Member States, geographical indications should be registered only at Union level. However, with effect from the date of application for such registration at Union level, Member States should be able to grant temporary protection at national level without affecting the internal market of the Union or international trade. The protection afforded by this Regulation upon registration should be equally available to geographical indications of third countries that meet the corresponding criteria and that are protected in their country of origin. The Office should carry out the corresponding procedures for geographical indications originating in third countries.
Amendment 129 #
2022/0115(COD)
Proposal for a regulation
Recital 15
Recital 15
(15) The procedures for registration, amendments to the product specification and cancellation of the registration in respect of geographical indications originating in the Union under this Regulation should be carried out by the Member States and the Office. The Member States and the Office should be responsible for distinct stages of the procedures. Member States should be responsible for the first stage, which consists of receiving the application from the applicants, assessing it, running the national opposition procedure, and, following the positive results of the assessment, submitting the Union application to the Office. The Office should be responsible for examining the applications in the second stage of the procedure, running the worldwide opposition procedure at the European level and taking a decision on granting or refusing the protection to the geographical indication. The Office should also carry out the corresponding procedures for geographical indications originating in third countries, without prejudice to the direct registration procedure.
Amendment 132 #
2022/0115(COD)
Proposal for a regulation
Recital 17
Recital 17
(17) It is possible for certain Member States to obtain a derogation from the Member States’ obligation to designate a national authority in respect of geographical indications for craft and industrial products to take charge of the procedures for registration, national opposition, amendments to the product specification and cancellation of the registration under certain circumstances specified in this Regulation. That derogation, that should take the form of a Commission Decision, takes into account the fact that certain Member States do not have a specific national system for the management of geographical indications for craft and industrial products and that the local interest in these countries to protect these geographical indications is minimal. Under these circumstances, it would not be justified to oblige the respective Member State to set up an infrastructure, employ the necessary personnel and purchase facilities for the management of these geographical indications. It is more effective and economical to provide an alternative procedure for the producer groups from these Member States to protect their products by a geographical indication. The “direct registration procedure” has cost advantages reaped by Member States. Pursuant to this derogation, procedures for registration, amendments to the product specification and cancellation should be managed directly by the Office. In this regard the Office should receive the effective assistance of the administrative authorities of that Member State when required by the Office, through designation of a contact point, as regards in particular aspects related to the examination of the application. In those cases, the Office should be entitled to charge a registration fee, considering that this procedure generates more work for the Office than the management of Union applications. However, the application of the “direct registration procedure” should not exempt Member States from the obligation to designate a competent authority for the controls and enforcement and to take the necessary actions to enforce the rights set out in this Regulation. The competent authority maintained or designated for the management of the geographical indications and the competent authority designated for the controls and enforcement may differ, when a Member State so decides.
Amendment 136 #
2022/0115(COD)
Proposal for a regulation
Recital 21
Recital 21
Amendment 144 #
2022/0115(COD)
Proposal for a regulation
Recital 38
Recital 38
(38) The use of Union symbols and indications on the packaging of craft and industrial products designated by a geographical indication should be recommended in order to make this category of products, and the guarantees attached to them, better known to consumers and to permit easier identification of these products on the market, thereby facilitating checks. The use of such symbols or indications should remain voluntary for third-country geographical indications.
Amendment 156 #
2022/0115(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point a
Article 1 – paragraph 1 – point a
(a) the registration, protection, control and enforcement of certain names that identify craft and industrial products with given quality, reputation or other characteristics linked to their geographical origin and,
Amendment 159 #
2022/0115(COD)
Proposal for a regulation
Article 2 – paragraph 1
Article 2 – paragraph 1
1. This Regulation applies to craft and industrialnon- agricultural and non-food products listed under the combined nomenclature set out in Annex I to Council Regulation (EEC) No 2658/8724 Products covered by Regulation (EU) 2019/787 of the European Parliament and of the Council, Regulation (EU) No 1308/2013 of the European Parliament and of the Council and Regulation (EU) No 1151/2012 of the European Parliament and of the Council are also excluded from the scope of this Regulation. __________________ 24 Council Regulation (EEC) N0 2685/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff Regulation (OJ L 256, 7.9.1987 p.1)
Amendment 163 #
2022/0115(COD)
Proposal for a regulation
Article 2 – paragraph 2
Article 2 – paragraph 2
Amendment 168 #
2022/0115(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point a
Article 3 – paragraph 1 – point a
(a) ‘craft products’ means products produced either totally by hand ormade by undertakings that national law defines as artisan, with the aid of manual tools or by mechanical means, whenever or digital means, including withe direct manual contribution is the mostinput during the production process which constitutes an important component of the finished product;
Amendment 176 #
2022/0115(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point d
Article 3 – paragraph 1 – point d
(d) ‘producer group’ means any association, irrespective of its legal form, mainly composed of producers or processors, manufacturers, processors or any other operator working with the same product;
Amendment 181 #
2022/0115(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point f
Article 3 – paragraph 1 – point f
(f) ‘traditional’ and 'tradition', when associated with a product originating in a geographical area, means proven historical usage by producers in a professional community for a period that allows transmission between generations;
Amendment 184 #
2022/0115(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point g
Article 3 – paragraph 1 – point g
(g) 'producer' means an operator engaged in anyone or more production step of a product the name of which is protected as a geographical indication, including processing activities, covered by the product specification;
Amendment 185 #
2022/0115(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point h – point i
Article 3 – paragraph 1 – point h – point i
(i) the common names of products in the Union or the names of products which, although relating to the place, region or country where the product was originally produced or marketed, have become the common name of a product in the Union or do not have a given quality, reputation or other characteristics traditionally linked to their geographical origin;
Amendment 186 #
2022/0115(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point h – point ii
Article 3 – paragraph 1 – point h – point ii
(ii) a common term descriptive of the type of product, or product attributes or other terms that do not refer to specific product;
Amendment 194 #
2022/0115(COD)
Proposal for a regulation
Article 5 – paragraph 1 – introductory part
Article 5 – paragraph 1 – introductory part
For the name of a craft andor industrial product to qualify for “geographical indication” protection, the product shall comply with the following requirements:
Amendment 201 #
2022/0115(COD)
Proposal for a regulation
Article 6 – paragraph 2
Article 6 – paragraph 2
Amendment 203 #
2022/0115(COD)
Proposal for a regulation
Article 6 – paragraph 3 – introductory part
Article 6 – paragraph 3 – introductory part
3. A single producer may be deemed to be an applicant producer group for the purposes of this Title, where both of the following conditions are fulfilled: if the person concerned is the only producer willing to submit an application for the registration of a geographical indication.
Amendment 204 #
2022/0115(COD)
Proposal for a regulation
Article 6 – paragraph 3 – point a
Article 6 – paragraph 3 – point a
Amendment 205 #
2022/0115(COD)
Proposal for a regulation
Article 6 – paragraph 3 – point b
Article 6 – paragraph 3 – point b
Amendment 208 #
2022/0115(COD)
Proposal for a regulation
Article 6 – paragraph 4
Article 6 – paragraph 4
4. In the case of a geographical indication that designates a cross-border geographical area, producer groups from different Member States may lodge a joint application for the registration of a geographical indication from either Member State. When the cross-border geographical area concerns a Member State and a third country, they may lodge a joint application for registration with the national authority of the Member State concerned. When the cross-border geographical area concerns several third countries, several producer groups may lodge a joint application with the Office.
Amendment 210 #
2022/0115(COD)
Proposal for a regulation
Article 7 – paragraph 1 – introductory part
Article 7 – paragraph 1 – introductory part
1. Craft and industrial products the names of which are registered as a geographical indication shall comply with a product specification, which shall include at least:
Amendment 211 #
2022/0115(COD)
Proposal for a regulation
Article 7 – paragraph 1 – point a
Article 7 – paragraph 1 – point a
(a) the name to be protected as geographical indication which may be either a geographical name of the place of production of a specific product, or a name used in trade or in common language to describe the specific product in the defined geographical area or both;
Amendment 227 #
2022/0115(COD)
Proposal for a regulation
Article 8 – paragraph 1 – point a – point i a (new)
Article 8 – paragraph 1 – point a – point i a (new)
(ia) the type of products;
Amendment 229 #
2022/0115(COD)
Proposal for a regulation
Article 8 – paragraph 1 – point a – point ii a (new)
Article 8 – paragraph 1 – point a – point ii a (new)
(iia) a description of the method of producing or obtaining the product, where appropriate, the traditional method and specific practices used;
Amendment 232 #
2022/0115(COD)
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
Amendment 233 #
2022/0115(COD)
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
Amendment 236 #
2022/0115(COD)
Proposal for a regulation
Article 10 – paragraph 2
Article 10 – paragraph 2
2. Where a Member State charges a fee, for the administrative costs of filing applications the level of the fees shall be reasonable, foster the competitiveness of the producers of the geographical indications and shall take into account the situation of micro, small and medium-sized enterprises, enabling them full access to the protection of geographical indications and the safeguarding of their intellectual property rights.
Amendment 240 #
2022/0115(COD)
Proposal for a regulation
Article 10 – paragraph 4
Article 10 – paragraph 4
Amendment 242 #
2022/0115(COD)
Proposal for a regulation
Article 10 – paragraph 5
Article 10 – paragraph 5
Amendment 245 #
2022/0115(COD)
Proposal for a regulation
Article 11 – paragraph 4
Article 11 – paragraph 4
4. TIn the case of geographical indication that designates a cross-border geographical area, two or more Member States may agree that the competent authority of one Member State is in charge of the national phase of the registration and other procedures, including the submission of the Union application to the Office, also on behalf of the other Member State, or Member States.
Amendment 248 #
2022/0115(COD)
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
The competent authority shall examine the application and shall check that the product complies with the requirements for geographical indications referred to in Article 5 and provides the necessary information for registration referred to in Articles 7, 8 and 9. The competent authority shall, where appropriate, enter into consultation with the most representative local, regional or national sector associations to obtain their opinion.
Amendment 252 #
2022/0115(COD)
Proposal for a regulation
Article 13 – paragraph 2
Article 13 – paragraph 2
2. The competent authority shall establish the detailed arrangements of the opposition procedure. Those detailed arrangements may include criteria for the admissibility of an opposition, a period of consultation between the applicant and each national opponent, and submission of a report from the applicant on the outcome of the consultations including any changes the applicant has made to the application. When the national opposition procedure is concluded, the competent authority shall draw up and publish a report.
Amendment 269 #
2022/0115(COD)
Proposal for a regulation
Article 17 – paragraph 3
Article 17 – paragraph 3
Amendment 272 #
2022/0115(COD)
Proposal for a regulation
Article 17 – paragraph 4
Article 17 – paragraph 4
4. A joint application for registration referred to in Article 6(4) shall be submitted to the Office by one of the Member States concerned or by the applicant producer group in a third country, directly or by the competent authority of that third country. If the cross- border area concerns any Member State and a third country, the joint application shall be submitted by the Member State concerned.
Amendment 274 #
2022/0115(COD)
Proposal for a regulation
Article 17 – paragraph 5
Article 17 – paragraph 5
5. The joint application referred to in Article 6(4) shall include, where relevant, the documents listed in paragraphs 1 and 2 of this Article, from the Member States or third countries, in case of a cross-border geographical area with one or more non-EU countries, from a third country concerned. The related national procedure for application, the examination and opposition procedure referred to in Articles 11, 12 and 13 shall be carried out in all the Member States and from a third countriesy concerned.
Amendment 276 #
2022/0115(COD)
Proposal for a regulation
Article 17 – paragraph 6
Article 17 – paragraph 6
Amendment 277 #
2022/0115(COD)
Proposal for a regulation
Article 18 – paragraph 2
Article 18 – paragraph 2
Amendment 279 #
2022/0115(COD)
Proposal for a regulation
Article 19 – paragraph 4
Article 19 – paragraph 4
4. The Office may seek supplementary information from the Member State concerned. If the application is lodged by a producer group from a third country or by the competent authority of a third country, such producer group or competent authority shall provide supplementary information where requested to do so by the Office.
Amendment 280 #
2022/0115(COD)
Proposal for a regulation
Article 19 – paragraph 6
Article 19 – paragraph 6
6. Where, based on the examination carried out pursuant to paragraph 1, the Office finds that the application is incomplete or incorrect, the Office shall send its observations to the Member State or in case of third country applications, to the relevant producer group or competent authority that has submitted the Union application, from where that application originates and request to complete or to correct the application within 60 days. If the Member State, or in case of third country applications, the relevant producer group or competent authority, does not complete the application within the deadline, the application shall be considered to be withdrawn, or if not corrected, it shall be rejected pursuant to Article 24(2).
Amendment 289 #
2022/0115(COD)
Proposal for a regulation
Article 23 – paragraph 2
Article 23 – paragraph 2
Amendment 292 #
2022/0115(COD)
Proposal for a regulation
Article 23 – paragraph 6
Article 23 – paragraph 6
6. Paragraph 5 shall apply mutatis mutandis to a geographical indication referring to a cross-border geographical area swituated inh a third country, with the exception of the opposition procedure.
Amendment 295 #
2022/0115(COD)
Proposal for a regulation
Article 25
Article 25
Amendment 306 #
2022/0115(COD)
Proposal for a regulation
Article 28 – paragraph 4
Article 28 – paragraph 4
4. Union amendments shall be approved by the Office or, where Article 25 applies, the Commission. The approval procedure shall follow mutatis mutandis the procedure and publication requirements laid down in Articles 6 to 254.
Amendment 307 #
2022/0115(COD)
Proposal for a regulation
Article 28 – paragraph 8
Article 28 – paragraph 8
8. Standard amendments shall be approved by Member States or third countries in whose territory the geographical area of the product concerned is located. Such amendments shall be communicated to the Office. Where Article 25 applies, the Office shall approve the standard amendments. The Office shall make those amendments public in the Union register of geographical indications for craft and industrial products.
Amendment 309 #
2022/0115(COD)
Proposal for a regulation
Article 29 – paragraph 1 – introductory part
Article 29 – paragraph 1 – introductory part
1. The Office may, own its own initiative or on a duly substantiated request by a Member State, a third country or any natural or legal person having a legitimate interest, decide to cancel the registration of a geographical indication in the following cases:
Amendment 313 #
2022/0115(COD)
Proposal for a regulation
Article 29 – paragraph 3
Article 29 – paragraph 3
3. Article 6 and Articles 19 to 254 shall apply mutatis mutandis to the cancellation procedure.
Amendment 314 #
2022/0115(COD)
Proposal for a regulation
Article 29 – paragraph 4
Article 29 – paragraph 4
4. Before deciding to cancel the registration of a geographical indication, the Office shall consult the competent authority of the Member State, the competent authorities of the third country or,or where possible, the third country producer group which had applied for the registration of the geographical indication concerned, unless the cancellation is directly requested by the original applicants. Any natural person affected by the cancellation of the registration of a geographical indication may submit observations during the cancellation procedure. If the geographical indication was registered pursuant to Article 15, the Office shall consult the Advisory Board referred to in Article 33.
Amendment 326 #
2022/0115(COD)
Proposal for a regulation
Article 35 – paragraph 1 – introductory part
Article 35 – paragraph 1 – introductory part
1. Geographical indications entered in the Union register of geographical indications for craft and industrial products and geographical indications protected under an international agreement within the Union shall be protected against:
Amendment 328 #
2022/0115(COD)
Proposal for a regulation
Article 35 – paragraph 1 – point a
Article 35 – paragraph 1 – point a
(a) any direct or indirect commercial use of the geographical indication in respect of products not covered by the registration, where those products are identical or similar to the products registered under that geographical indication or where use of the name exploits, weakens, dilutes, or is detrimental to the reputation of, the protected geographical indication even if these products are parts or components of manufactured products;
Amendment 331 #
2022/0115(COD)
Proposal for a regulation
Article 35 – paragraph 1 – point b
Article 35 – paragraph 1 – point b
(b) any misuse, counterfeiting, imitation or evocation, even if the true origin of the products or services is indicated or if the protected geographical indication is translated or accompanied by an expression such as ‘style’, ‘type’, ‘method’, ‘as produced in’, ‘imitation’, ‘flavour’, ‘like’ or similar, even if these products are parts or components of manufactured products;
Amendment 334 #
2022/0115(COD)
Proposal for a regulation
Article 35 – paragraph 2
Article 35 – paragraph 2
2. For the purposes of paragraph 1, point (b), the evocation of a geographical indication shall be deemed to arise, in particular, where a term, sign, or other labelling or packaging device presents a direct and clear linkclear link is present with the product covered by the registered geographical indication in the mind of the reasonably circumspect consumer, thereby exploiting, weakening, diluting or being detrimental to the reputation of the registered name.
Amendment 336 #
2022/0115(COD)
Proposal for a regulation
Article 35 – paragraph 5
Article 35 – paragraph 5
5. The producer group or any producer that is entitled to usethe holder of the protected geographical indication shall be entitled to prevent all third parties from bringing goods, in the course of trade, into the Union without being released for free circulation there, where such goods, including packaging, come from third countries and are contrary to paragraph 1.
Amendment 342 #
2022/0115(COD)
Proposal for a regulation
Article 37 – paragraph 1
Article 37 – paragraph 1
1. Generic terms not associated with names of a specific place, region or country shall not be registered as a geographical indication.
Amendment 343 #
2022/0115(COD)
Proposal for a regulation
Article 37 – paragraph 2
Article 37 – paragraph 2
Amendment 345 #
2022/0115(COD)
Proposal for a regulation
Article 39
Article 39
A name shall not be registered as a geographical indication where, in the light of a trade mark’s reputation and renown, registration of the name proposed as a geographical indication could mislead the consumer as to the true identity of the product.rticle 39 deleted Trade marks
Amendment 347 #
2022/0115(COD)
Proposal for a regulation
Article 40 – paragraph 1
Article 40 – paragraph 1
1. Member States or the Office, when Article 15 applies, shall verify that the producer group operates in a transparent and democratic manner and that all producers of the product designated by the geographical indication enjoy right of membership in the group. Member States may provide that public officials, and other stakeholders such as consumer groups, retailers and suppliers, also participate in the work of the producer group.
Amendment 349 #
2022/0115(COD)
Proposal for a regulation
Article 40 – paragraph 2 – point a
Article 40 – paragraph 2 – point a
(a) develop and amend the product specification and manage internal controls that ensure compliance of production steps of product designated by the geographical indication with that specification;
Amendment 352 #
2022/0115(COD)
Proposal for a regulation
Article 40 – paragraph 2 – point b
Article 40 – paragraph 2 – point b
(b) take legal action to ensure the protection of the geographical indication and of the intellectual property rights that are directly connected with it and prevent and counteract any measures that are or risk being detrimental to the image of their products;
Amendment 353 #
2022/0115(COD)
Proposal for a regulation
Article 40 – paragraph 2 – point c
Article 40 – paragraph 2 – point c
(c) agree sustainability undertakings, whether or not included in the product specification or as a separate initiative, including arrangements for verification of compliance with these undertakings and assuring adequate publicity for them in particular in an information system provided by the Commission;
Amendment 355 #
2022/0115(COD)
Proposal for a regulation
Article 40 – paragraph 2 – point d – point v
Article 40 – paragraph 2 – point d – point v
(v) providing advice and training to current and future producers, including on gender mainstreaming and equality; and
Amendment 358 #
2022/0115(COD)
Proposal for a regulation
Article 42 – paragraph 2
Article 42 – paragraph 2
2. The Office and, when applicable, the competent national authorities shall invalidate ex officio trade marks registered in breach of paragraph 1.
Amendment 360 #
2022/0115(COD)
Proposal for a regulation
Article 42 – paragraph 4
Article 42 – paragraph 4
4. Without prejudice to paragraph 2 of this Article, a trade mark the use of which contravenes Article 35, which has been applied for, registered, or established by use in good faith within the territory of the Union, if that possibility is provided for by the legislation concerned, or protected within the territory of the Union before the date on which the application for registration of the geographical indication is submitted to the Office, may continue to be used and reneweduntil the expiry of the trade mark registration, notwithstanding the registration of a geographical indication, provided that no grounds for invalidity or revocation of the trade mark exist under Directive (EU) 2015/243632 of the European Parliament and of the Council or Regulation (EU) 2017/1001. In such cases, the use of the geographical indication and that of the relevant trade mark shall be permitted. After the expiry of the trade mark registration, products so labelled may be marketed until the stocks are exhausted. __________________ 32 Directive (EU) 2015/2436 of the European Parliament and of the Council of 16 December 2015 to approximate the laws of the Member States relating to trade marks (OJ L 336, 23.12.2015, p. 1).
Amendment 361 #
2022/0115(COD)
Proposal for a regulation
Article 43 – paragraph 1
Article 43 – paragraph 1
1. A registered geographical indication may be used by any producer marketing a product conforming to the corresponding product specification or to a single document or an equivalent to the latter.
Amendment 364 #
2022/0115(COD)
Proposal for a regulation
Article 44 – paragraph 2
Article 44 – paragraph 2
2. In the case of craft and industrial products originating in the Union that are marketed under a geographical indication, the Union symbol referred to in paragraph 1 mayshall appear on the labelling and advertising material. The geographical indication shall be in the same field of vision as the Union symbol.
Amendment 365 #
2022/0115(COD)
Proposal for a regulation
Article 44 – paragraph 3
Article 44 – paragraph 3
3. The abbreviation ‘PGI’ corresponding to the indication ‘protected geographical indication’ mayshall appear on the labelling of products designated by a geographical indication of craft and industrial products and, where applicable, on the advertising material.
Amendment 367 #
2022/0115(COD)
Proposal for a regulation
Article 44 – paragraph 5
Article 44 – paragraph 5
Amendment 369 #
2022/0115(COD)
Proposal for a regulation
Article 44 – paragraph 6
Article 44 – paragraph 6
6. The Union symbol indicating the protected geographical indication and the Union indication ‘protected geographical indication’ and the abbreviation ‘PGI’ as relevant, may appear on the labelling and, where applicable, on advertising material only after the publication of the decision on registration in accordance with Articles 24 and 25.
Amendment 370 #
2022/0115(COD)
Proposal for a regulation
Article 44 – paragraph 7
Article 44 – paragraph 7
Amendment 371 #
2022/0115(COD)
Proposal for a regulation
Article 44 – paragraph 8 – introductory part
Article 44 – paragraph 8 – introductory part
8. TIn order not to mislead the reasonably cautious consumer as to the origin of the products, the following mayshall also appear on the labelling:
Amendment 372 #
2022/0115(COD)
Proposal for a regulation
Article 44 – paragraph 8 – point a
Article 44 – paragraph 8 – point a
(a) depictions of the geographical area of origin, as referred to in the product specification; and
Amendment 373 #
2022/0115(COD)
Proposal for a regulation
Article 44 – paragraph 8 – point b
Article 44 – paragraph 8 – point b
(b) text, graphics or symbolindication of the country of origin of the product ("Made in [country of origin]") and emblems or flags referring to the Member State or the region in which that geographical area of origin is located.
Amendment 374 #
2022/0115(COD)
Proposal for a regulation
Article 44 – paragraph 8 – subparagraph 1 (new)
Article 44 – paragraph 8 – subparagraph 1 (new)
Where the size or nature of the product does not allow for the indications in (a) and (b), such information shall be provided on the packaging or in a document accompanying the product.
Amendment 375 #
2022/0115(COD)
Proposal for a regulation
Article 44 – paragraph 9
Article 44 – paragraph 9
Amendment 378 #
2022/0115(COD)
Proposal for a regulation
Article 46 – paragraph 4
Article 46 – paragraph 4
Amendment 380 #
2022/0115(COD)
Proposal for a regulation
Article 46 – paragraph 6
Article 46 – paragraph 6
6. The costs of verification of compliance with the product specification may be borne by the producers, which are subject to those controls. Member States may also contribute to those costs, in particular for micro, small, medium-sized enterprises.
Amendment 383 #
2022/0115(COD)
Proposal for a regulation
Article 48 – paragraph 2
Article 48 – paragraph 2
2. The enforcement authority shall carry out controls, based on a risk analysis and notifications of interested producers of products designated by geographical indications, to ensure conformity with the product specification or the single document or an equivalent to the latter.
Amendment 386 #
2022/0115(COD)
Proposal for a regulation
Article 48 – paragraph 5 a (new)
Article 48 – paragraph 5 a (new)
5a. As provided for in Article 47(c), applicant producer groups as referred to in Article 6, which obtained the registration of the geographical indication, shall be entitled to notify the authorities designated pursuant to paragraph 1 in order for them to carry out checks as provided for in this Title. In such cases, upon request by the associations, the authorities shall provide information on the progress of the process initiated by such notification.
Amendment 396 #
2022/0115(COD)
Proposal for a regulation
Article 60 – paragraph 1 – point 7 – point b
Article 60 – paragraph 1 – point 7 – point b
Regulation (EU)2019/1753
Article 7 – paragraph 2
Article 7 – paragraph 2
In respect of craft and industrial geographical indications, the decision whether to grant protection shall be adopted by the Office, or, in cases referred to in Article 25 of Regulation (EU) 2022/…, by the Commission.. The related implementing acts shall be adopted in accordance with the examination procedure referred to in Article 15(2).
Amendment 399 #
2022/0115(COD)
Proposal for a regulation
Article 67 – paragraph 3
Article 67 – paragraph 3
3. In accordance with the procedure laid down in Articles 17 to 254, the Office or, in cases referred to in Article 25, the Commission shall register the names referred to in paragraph 2 of this Article, which comply with Articles 2, 5, 7 and 8. Article 21 and 22 shall not apply. However, generic terms shall not be registered.
Amendment 294 #
2022/0094(COD)
Proposal for a regulation
Recital 2
Recital 2
(2) In order for a construction product covered by a harmonised technical specification to be placed on the market, the manufacturer is obliged to draw a declaration of performance for such product. The manufacturer assumes the responsibility for the conformity of the product with such declared performance. Certain exemptions to this obligation are provided.
Amendment 303 #
2022/0094(COD)
Proposal for a regulation
Recital 17
Recital 17
Amendment 309 #
2022/0094(COD)
Proposal for a regulation
Recital 18 a (new)
Recital 18 a (new)
(18 a) To provide predictability for manufacturers, public authorities and the wider construction ecosystem, the Commission should, at the latest 6 months after the entry into force of this Regulation and based on a scientific and evidence-based approach, adopt a working plan, covering at least 3 years, laying down a list of product groups for which it plans to adopt requirements and standardisation requests.
Amendment 313 #
2022/0094(COD)
Proposal for a regulation
Recital 28
Recital 28
(28) In particular, in the case of energy- related products included in ecodesign working plans which are also construction products and for intermediary products, with the exception of cement, priority for the setting of sustainability requirements will be given to the [ESPR]. This should be the case for instance fore intermediary products concerned are heaters, boilers, heat pumps, water and space heating appliances, fans, cooling and ventilating systems and photovoltaic products, excluding building- integrated photovoltaic panels. In this respect, a detailed definition of energy- related products together with a full list of energy-related products which are also construction products shall be drafted by the European Commission within the framework of the [ESPR] with the aim to avoid unnecessary legislative overlaps and duplications of sustainability requirements which may hinder the internal market. This Regulation may still intervene in a complementary manner where needed, mainly in relation to safety aspects also taking account of other Union legislation on products such as on gas appliances, low voltage, and machinery. For other products, in order to avoid unnecessary burden for economic operators, the need may arise in future to determine the conditions under which the fulfilment of obligations under other Union law also fulfils certain obligations under this Regulation. The power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission to determine such conditions.
Amendment 319 #
2022/0094(COD)
Proposal for a regulation
Recital 40
Recital 40
(40) To create transparency for users of construction products and to avoid inappropriate use of those products, construction products and their intended use should be precisely identified by the manufacturer. For the same reason, the manufacturer should make clear whethern the construction products are intended for professional use only, or also for use by consumers. To ensure that construction products can be traced back, manufacturers should be indicated on the product or, where this is not possible e.g. due to the product’s size or surface, on its packaging or, where that is not possible either, in a document accompanying it.
Amendment 325 #
2022/0094(COD)
Proposal for a regulation
Recital 47
Recital 47
Amendment 326 #
2022/0094(COD)
Proposal for a regulation
Recital 52
Recital 52
Amendment 338 #
2022/0094(COD)
Proposal for a regulation
Article 1 – paragraph 1 – introductory part
Article 1 – paragraph 1 – introductory part
This Regulation establishes harmonised rules for the making available on the market and direct installation of construction products, regardless of whether undertaken in the framework of a service or not, by establishing:
Amendment 339 #
2022/0094(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point a
Article 1 – paragraph 1 – point a
(a) rules on how to express the environmental, including climate, and safety performance of construction products in relation to their essential characteristics;
Amendment 343 #
2022/0094(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point b
Article 1 – paragraph 1 – point b
(b) environmental, including climate, functional and safety product requirements for construction products.
Amendment 345 #
2022/0094(COD)
Proposal for a regulation
Article 1 – paragraph 2
Article 1 – paragraph 2
This Regulation also establishes obligations incumbent on economic operators dealing with construction products or their components or with products that could be regarded as construction products whilst not being intended by their manufacturer to be construction products.
Amendment 351 #
2022/0094(COD)
Proposal for a regulation
Article 2 – paragraph 1 – subparagraph 1 – point a
Article 2 – paragraph 1 – subparagraph 1 – point a
(a) 3D-datasets placed on the market to permit the 3D-printing of construction products covered by this Regulation and 3D-printed construction products and moulds;
Amendment 355 #
2022/0094(COD)
Proposal for a regulation
Article 2 – paragraph 1 – subparagraph 1 – point b
Article 2 – paragraph 1 – subparagraph 1 – point b
(b) materials intended to be used for the 3D-printing of construction products on or close to the construction site or for the manufacturing using moulds on or close to the construction siter for the manufacturing using moulds;
Amendment 358 #
2022/0094(COD)
Proposal for a regulation
Article 2 – paragraph 1 – subparagraph 1 – point c
Article 2 – paragraph 1 – subparagraph 1 – point c
Amendment 361 #
2022/0094(COD)
Proposal for a regulation
Article 2 – paragraph 1 – subparagraph 1 – point f
Article 2 – paragraph 1 – subparagraph 1 – point f
Amendment 364 #
2022/0094(COD)
Amendment 367 #
2022/0094(COD)
Proposal for a regulation
Article 2 – paragraph 1 – subparagraph 2
Article 2 – paragraph 1 – subparagraph 2
Amendment 380 #
2022/0094(COD)
Proposal for a regulation
Article 2 – paragraph 3 – point b
Article 2 – paragraph 3 – point b
(b) boilers, pipes, tanks and ancillaries and other products intended to be in contact with water for human consumption;
Amendment 382 #
2022/0094(COD)
Proposal for a regulation
Article 2 – paragraph 3 – point c
Article 2 – paragraph 3 – point c
Amendment 385 #
2022/0094(COD)
Proposal for a regulation
Article 2 – paragraph 3 – point d
Article 2 – paragraph 3 – point d
Amendment 388 #
2022/0094(COD)
Proposal for a regulation
Article 2 – paragraph 3 – point e
Article 2 – paragraph 3 – point e
Amendment 392 #
2022/0094(COD)
Proposal for a regulation
Article 2 – paragraph 3 – point e a (new)
Article 2 – paragraph 3 – point e a (new)
(e a) photovoltaic elements other than building-integrated photovoltaic (BIPV) elements;
Amendment 393 #
2022/0094(COD)
Proposal for a regulation
Article 2 – paragraph 3 – point e b (new)
Article 2 – paragraph 3 – point e b (new)
(e b) Electrical and electronic products which are not included in products in line 1-32 of the table I of Annex IV.
Amendment 395 #
2022/0094(COD)
Amendment 397 #
2022/0094(COD)
Proposal for a regulation
Article 2 – paragraph 5
Article 2 – paragraph 5
Amendment 403 #
2022/0094(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 1
Article 3 – paragraph 1 – point 1
(1) ‘construction product’ means any formed or formless physical item, including its packaging and instructions for use, or a kit or assembly combining such items, that isproduct or kit which is produced and placed on the market or produced for incorporation in a permanent manner in construction works or parts thereof within the Union, with the exception of items that are necessarily first integrated into an assembly, kit or other construction product prior to being incorporated in a permanent manner in construction worksand the performance of which has an effect on the performance of the construction works with respect to the basic requirements for construction works, including3D-printed products or other items covered by this Regulation in accordance with Article 2(1) to (3);
Amendment 405 #
2022/0094(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 2
Article 3 – paragraph 1 – point 2
(2) ‘permanent’ means for a duration of two years or longerinstalled or affixed in such a manner that may significantly affect the basic work requirements and that the item cannot be removed without tools or mechanical force;
Amendment 408 #
2022/0094(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 3
Article 3 – paragraph 1 – point 3
Amendment 412 #
2022/0094(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 5
Article 3 – paragraph 1 – point 5
Amendment 418 #
2022/0094(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 8
Article 3 – paragraph 1 – point 8
(8) ‘product requirements’ means a threshold level or another characteristic with which a product has to comply before it can be placed on the market or installed directly, including those requirements relating to labelling and instructions for use or other information to be provided;
Amendment 422 #
2022/0094(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 9
Article 3 – paragraph 1 – point 9
(9) ‘economic operator’ means the manufacturer, the authorised representative, the importer, the distributor, the fulfilment service provider, the 3D- printing service provider, manufacturer, importer or distributor of materials intended for 3D-printing of products, online seller, the broker, the supplier, the service provider, the own- brand-labeller or any other natural or legal person, other than authorities, notified bodies, technical assessment bodies and product contact points for construction who is subject to this Regulation in relation to the manufacturing, de- installation for re-use, re-manufacturing or repackaging of products, or making those products available on the market or installing those products directly in accordance with this Regulation, and economic operators as defined in Article 3, point (13) of Regulation (EU) 2019/1020 of the European Parliament and of the Council44 ; _________________ 44 Regulation (EU) 2019/1020 of the European Parliament and of the Council of 20 June 2019 on market surveillance and compliance of products and amending Directive 2004/42/EC and Regulations (EC) No 765/2008 and (EU) No 305/2011 (OJ L 169, 25.6.2019, p. 1).
Amendment 424 #
2022/0094(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 10
Article 3 – paragraph 1 – point 10
Amendment 427 #
2022/0094(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 11
Article 3 – paragraph 1 – point 11
Amendment 430 #
2022/0094(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 13
Article 3 – paragraph 1 – point 13
Amendment 432 #
2022/0094(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 15
Article 3 – paragraph 1 – point 15
Amendment 434 #
2022/0094(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 16
Article 3 – paragraph 1 – point 16
(16) ‘level’ means the result of the assessment of the performance of a product in relation to its essential characteristics, expressed as a numerical valueexpression of performance without a classification of potential performances and/or a specified minimum or maximum;
Amendment 435 #
2022/0094(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 17
Article 3 – paragraph 1 – point 17
(17) ‘class’ means a range of levels, delimited by a minimum and a maximum value, of performance of a productn expression of performance according to a systematic division of potential performances;
Amendment 439 #
2022/0094(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 22
Article 3 – paragraph 1 – point 22
Amendment 440 #
2022/0094(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 25
Article 3 – paragraph 1 – point 25
(25) ‘intended use’ means the use intended by the manufacturer, including the conditions for usage, as laid out in technical documentation, on labels, in instructions for use, or in publicity material, whilst usages mentioned only in one of these are already part of the ‘intended use’intended use as determined by the manufacturer of the construction product as defined in the applicable harmonised technical specification;
Amendment 452 #
2022/0094(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 39
Article 3 – paragraph 1 – point 39
Amendment 464 #
2022/0094(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 48
Article 3 – paragraph 1 – point 48
Amendment 465 #
2022/0094(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 51
Article 3 – paragraph 1 – point 51
Amendment 467 #
2022/0094(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 57
Article 3 – paragraph 1 – point 57
(57) ‘broker’ means any natural or legal person providing an intermediation service for the placing on the market or direct installation of products;
Amendment 488 #
2022/0094(COD)
The Commission mayshall issue standardisation requests in accordance with Article 10 of Regulation (EU) 1025/2012 laying down the basic principles and corner stones for the establishment of these essential characteristics and their assessment methods.
Amendment 492 #
2022/0094(COD)
Proposal for a regulation
Article 4 – paragraph 2 – subparagraph 3 a (new)
Article 4 – paragraph 2 – subparagraph 3 a (new)
These standardisation requests shall be issued in accordance with the working plan established in accordance with Article 93a.
Amendment 495 #
2022/0094(COD)
Proposal for a regulation
Article 4 – paragraph 3
Article 4 – paragraph 3
Amendment 522 #
2022/0094(COD)
Proposal for a regulation
Article 4 – paragraph 3 a (new)
Article 4 – paragraph 3 a (new)
Amendment 532 #
2022/0094(COD)
Proposal for a regulation
Article 4 – paragraph 4 – introductory part
Article 4 – paragraph 4 – introductory part
4. IWhile priority shall be given to the elaboration of standards in order to cover the regulatory needs of Member States and to pursue the environmental, safety and harmonisation goals of Article 114 of the Treaty on the Functioning of the European Union, the Commission is empowered to supplement this Regulation, by means of delegated acts in accordance with Article 87, after consultation of the relevant European standardisation organisations and European stakeholder organisations receiving Union financing under Regulation(EU) No 1025/2012, by determining, for particular product families and categories, the following:
Amendment 539 #
2022/0094(COD)
Proposal for a regulation
Article 4 – paragraph 5
Article 4 – paragraph 5
5. The Commission, after consultation of the relevant European stakeholder organisations, is empowered to amend Annex I Part A by means of delegated acts in accordance with Article 87 in order to adapt it to technical progress and to cover new risks and environmental aspects.
Amendment 547 #
2022/0094(COD)
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
1. All products covered by this Regulation shall, prior to their placing on the market or direct installation, satisfy the generic, directly applicable product requirements set out in Annex I Part D and, satisfy the product requirements laid down in Annex I Part B, C and C asD when specified for the respective product family or category in accordance with paragraph 2. The product requirements laid down in Annex I Part B, C and CD are only applicable where they have been specified in accordance with paragraph 2.
Amendment 557 #
2022/0094(COD)
Proposal for a regulation
Article 5 – paragraph 2
Article 5 – paragraph 2
2. In order to specify the product requirements set out in Annex I Part B, C and D, the Commission is empowered to supplement this Regulation, by means of delegated acts in accordance with Article 87, by specifying, for particular product families and categories, these product requirements and by laying down the corresponding assessment methods. Once the Commission has specified these product requirements by delegated acts, it mayshall issue standardisation requests which aim at the elaboration of voluntary harmonised standards providing presumption of conformity with these mandatory product requirements as specified by these delegated acts.
Amendment 562 #
2022/0094(COD)
Proposal for a regulation
Article 5 – paragraph 3
Article 5 – paragraph 3
3. The Commission, after consultation with European stakeholder organisations, is empowered to amend Annex I Part B, C and D by means of delegated acts in accordance with Article 87 in order to adapt it to technical progress and in particular to cover new risks and environmental aspects.
Amendment 570 #
2022/0094(COD)
Proposal for a regulation
Article 6 – title
Article 6 – title
Assessment and verification systems and their product specific modalities
Amendment 573 #
2022/0094(COD)
Proposal for a regulation
Article 6 – paragraph 3
Article 6 – paragraph 3
Amendment 578 #
2022/0094(COD)
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
1. The harmonised zone shall be presumed to be comprehensive, covering all potential legal requirements for products other than those covered by other Union lawconstruction products.
Amendment 582 #
2022/0094(COD)
Proposal for a regulation
Article 7 – paragraph 7 – introductory part
Article 7 – paragraph 7 – introductory part
7. This Regulation does not hinder Member States to introduce mandatory deposit-refund systems, to oblige manufacturers to take back used or not used non-custom-made products directly or via their importers and distributors and to establish obligations regarding the collection and the treatment of products for waste, provided that all of the following is complied with:
Amendment 589 #
2022/0094(COD)
Proposal for a regulation
Article 7 – paragraph 8
Article 7 – paragraph 8
8. Member States may ban the destruction of non-custom-made products taken back in accordance with Article 22(2), point (j) and Article 26 or make the destruction of these products dependent on their prior making available on a national brokering platform for non-commercial use of products.
Amendment 596 #
2022/0094(COD)
Proposal for a regulation
Article 9 – paragraph 3
Article 9 – paragraph 3
3. By drawing up the declaration of performance, the manufacturer assumes responsibility for the conformity of the product with such declared performance and becomes liable in accordance with Union and national laws on contractual and extra-contractual liability, and this even where it did not act negligently. In the absence of objective indications to the contrary, Member States shall presume the declaration of performance drawn up by the manufacturer to be accurate and reliable.
Amendment 597 #
2022/0094(COD)
Proposal for a regulation
Article 10 – paragraph 1 – point a
Article 10 – paragraph 1 – point a
(a) the product is, otherwise than by 3D-printing or already existing moulds, individually manufactured or custom-made in a non- series process in response to a specific order, and installed in a single identified construction work, by a manufacturer who is also responsible for the safe incorporation of the product into the construction work in compliance with the applicable national rules, and under the supervision of those responsible for the safe execution of the construction works designated under the applicable national rules;
Amendment 598 #
2022/0094(COD)
Proposal for a regulation
Article 10 – paragraph 1 – point b
Article 10 – paragraph 1 – point b
(b) the product is otherwise than by 3D-printing or already existing moulds manufactured on the construction site, in a non-series process for its incorporation in the respective construction work in compliance with the applicable national rules and under the supervision of those responsible for the safe execution of the construction works designated under the applicable national rules; or
Amendment 599 #
2022/0094(COD)
Proposal for a regulation
Article 10 – paragraph 3
Article 10 – paragraph 3
Amendment 612 #
2022/0094(COD)
Proposal for a regulation
Article 12 – paragraph 2
Article 12 – paragraph 2
2. Where there is no declaration of performance available for a used product issued by the initial manufacturer or another economic operator pursuant to this Regulation or Regulation (EU) 305/2011, an economic operator may issue a new declaration of performance without undergoing a full procedure in accordance with this Regulation where it limits the intended use to “decoration”ve purposes. Where the economic operator has used this derogation, the declaration of performance shall be labelled “declaration of performance for used product with decorative purposes”.
Amendment 619 #
2022/0094(COD)
Proposal for a regulation
Article 13 – paragraph 3
Article 13 – paragraph 3
3. By the declaration of conformity, the manufacturer assumes responsibility for the conformity of the product with the product requirements and becomes liable in accordance with national laws on contractual and extra-contractual liability, and this even where it did not act negligently. In case of non-compliance or absence of a declaration of conformity, the product may not be made available on the market. In the absence of objective indications to the contrary, Member States shall presume the declaration of conformity drawn up by the manufacturer to be accurate and reliable.
Amendment 627 #
2022/0094(COD)
Proposal for a regulation
Article 15 – paragraph 3
Article 15 – paragraph 3
3. Declarations may contain permalinks to unamendable environmental product declarations or other unamendable documents containing the requested information if those documents follow the order and structure of the declarations or if a correlation table linking the order of the declarations to the order of these documents is provided together with the permalinkdocuments containing the requested information.
Amendment 643 #
2022/0094(COD)
Proposal for a regulation
Article 16 – paragraph 2
Article 16 – paragraph 2
2. The CE marking shall be affixed to those products for which the manufacturer has drawn up a declaration of performance or a declaration of performance and conformity in accordance with Articles 9 and 11 to 14. The CE marking shall be affixed to key parts. The CE marking may not be affixed to parts which are not key parts.
Amendment 649 #
2022/0094(COD)
Proposal for a regulation
Article 17 – paragraph 2 – subparagraph 1 – point d
Article 17 – paragraph 2 – subparagraph 1 – point d
(d) the unique identification code of the product-type, the permalink to the manufacturer’s products registration(s) in Union databases and the precise location therein where the product can be found;
Amendment 651 #
2022/0094(COD)
Proposal for a regulation
Article 17 – paragraph 2 – subparagraph 1 – point g
Article 17 – paragraph 2 – subparagraph 1 – point g
Amendment 653 #
2022/0094(COD)
Proposal for a regulation
Article 17 – paragraph 3
Article 17 – paragraph 3
3. The CE marking shall be affixed before the product is placed on the market or directly installed into a construction work. It may be subsequently followed by a pictogram or any other mark indicating a special risk or use.
Amendment 659 #
2022/0094(COD)
Proposal for a regulation
Article 18 – paragraph 1 a (new)
Article 18 – paragraph 1 a (new)
Markings other than the CE marking, including private ones, may contain additional information that could help users to make an informed choice on which product would be best suited for the needs of their construction work
Amendment 661 #
2022/0094(COD)
Proposal for a regulation
Article 18 – paragraph 2
Article 18 – paragraph 2
Amendment 664 #
2022/0094(COD)
Proposal for a regulation
Article 19 – paragraph 2
Article 19 – paragraph 2
Amendment 666 #
2022/0094(COD)
Proposal for a regulation
Article 19 – paragraph 3 – subparagraph 1 – point c
Article 19 – paragraph 3 – subparagraph 1 – point c
Amendment 671 #
2022/0094(COD)
Proposal for a regulation
Article 19 – paragraph 3 – subparagraph 2 – point iii
Article 19 – paragraph 3 – subparagraph 2 – point iii
(iii) email addresses, and websites and social media profiles, if any, of these operators;
Amendment 672 #
2022/0094(COD)
Proposal for a regulation
Article 19 – paragraph 3 – subparagraph 2 – point v
Article 19 – paragraph 3 – subparagraph 2 – point v
Amendment 678 #
2022/0094(COD)
Proposal for a regulation
Article 21 – paragraph 1
Article 21 – paragraph 1
1. The manufacturer shall determine the product type, respecting the boundaries set up therefore by the definition provided in Article 3 point (31). The product type shall be processed in accordance with the applicable assessment and verification system set out in Annex V. The manufacturer shall draw up a declaration of performance and a declaration of conformity in accordance with Articles 9 and Articles 11 to 15 and affix the CE marking in accordance with Articles 16 and 17.
Amendment 679 #
2022/0094(COD)
Proposal for a regulation
Article 21 – paragraph 2
Article 21 – paragraph 2
Amendment 682 #
2022/0094(COD)
Proposal for a regulation
Article 21 – paragraph 3 – subparagraph 1
Article 21 – paragraph 3 – subparagraph 1
The manufacturer shall, as the basis for the declarations referred to in paragraph 1, draw up a technical documentation describing the intended use including the precise conditions for use and all the elements necessary to demonstrate performance and conformity.
Amendment 683 #
2022/0094(COD)
Proposal for a regulation
Article 21 – paragraph 3 – subparagraph 2
Article 21 – paragraph 3 – subparagraph 2
That technical documentation shall contain the mandatory or facultative calculation of environmental, including climate sustainability assessed in accordance with harmonised technical specifications adopted under this Regulation or with Commission acts adopted under this Regulation.
Amendment 684 #
2022/0094(COD)
Proposal for a regulation
Article 21 – paragraph 5 – subparagraph 1
Article 21 – paragraph 5 – subparagraph 1
The manufacturer shall ensure that its product bear a manufacturer-specific type number and, a batch or serial number or any other element allowing their identification. If this is impossible, the required information shall be provided on the packaging, on an affixed tag or, as last resort, in a document accompanying the product.
Amendment 687 #
2022/0094(COD)
Proposal for a regulation
Article 21 – paragraph 5 – subparagraph 2
Article 21 – paragraph 5 – subparagraph 2
The manufacturer shallmay in the same way as set out in the first subparagraph label a product as “Only fFor professional use” if it is not intended for consumers or other non-professional usersappropriate to have some kind of expertise in order to use the product. Products not labelled “Only fFor professional use” shall be deemed to be also intended for non- professional users and consumers in the meaning of this Regulation and the Regulation (EU) … [Regulation on General Product Safety].
Amendment 692 #
2022/0094(COD)
Proposal for a regulation
Article 21 – paragraph 9
Article 21 – paragraph 9
9. Where the product presents a risk or is likely to present a risk, the manufacturer shall within two working days thereof inform, the manufacturer shall inform without undue delay the authorised representative, importers, distributors, fulfilment service providers, and online market places involved in the distribution, as well as the competent national authorities of the Member States in which the manufacturer or – to its knowledge – other economic operators made the product available. The manufacturer shall, to that effect, provide all useful details and, in particular, specify the type of the non- compliance, the frequency of accidents or incidents and the corrective measures taken or recommended. In case of risks caused by products which have already reached the final user or consumer, the manufacturer shall also alert the media andat cannot be identified or contacted directly. The manufacturer shall through media and other appropriate channels, ensuring the widest possible reach, disseminate the inform themation about appropriate measures to eliminate or, if not possible, to reduce the risks. In case of a “serious risk” in the meaning of Article 3, point (71) the manufacturer shall withdraw and recall the product at their own cost.
Amendment 695 #
2022/0094(COD)
Proposal for a regulation
Article 22 – paragraph 2 – subparagraph 1 – point c
Article 22 – paragraph 2 – subparagraph 1 – point c
(c) respect the minimum recycled content obligations and other limit values regarding aspects of environmental, including climate sustainability contained in harmonised technical specifications; sustainability as assessed per each product category. Minimum recycled content obligations should be set by the European Commission after consulting with industry stakeholder
Amendment 697 #
2022/0094(COD)
Proposal for a regulation
Article 22 – paragraph 5
Article 22 – paragraph 5
Amendment 698 #
2022/0094(COD)
Proposal for a regulation
Article 22 – paragraph 6
Article 22 – paragraph 6
Amendment 702 #
2022/0094(COD)
Proposal for a regulation
Article 23 – paragraph 2
Article 23 – paragraph 2
2. Authorised representatives shall act with due care in relation to the obligations of this Regulation. They shall be liable for gross negligence or conscious infringement of this Article and of Article 19 in accordance with national law on contractual and extra-contractual liability.
Amendment 703 #
2022/0094(COD)
Proposal for a regulation
Article 23 – paragraph 3 – subparagraph 1 – point c
Article 23 – paragraph 3 – subparagraph 1 – point c
(c) terminate the contract, when deemed appropriate, where the manufacturer infringes this Regulation and inform thereof the competent national authorities of the Member States where the product is placed on the market and the national competent authority of his own place of business;
Amendment 704 #
2022/0094(COD)
Proposal for a regulation
Article 23 – paragraph 3 – subparagraph 1 – point d
Article 23 – paragraph 3 – subparagraph 1 – point d
(d) when having reason to believe that a product in question is non-compliant or presents a risk, inform the manufacturer and the national competent authorities of the Member States where the product is placed on the market and the national competent authority of his own place of business thereof; and
Amendment 705 #
2022/0094(COD)
Proposal for a regulation
Article 23 – paragraph 5
Article 23 – paragraph 5
5. Where an authorised representative considers that there iidentifies a non-compliance mentioned in the paragraph 4, the authorised representative shall ask the manufacturer to remedy the non- compliances. The manufacturer shall thereon stop the placing on the market and ask other economic operators involved in the distribution to stop their commercial activities, until the authorised representative regards the infringements as remedied. Where the non-compliances are not remedied within one month whilst products possibly continue to be made available on the market, the authorised representative shall be allowed to terminate his contract with the manufacturer and thereof inform the national competent authorities of the Member States where the products are placed on the market and the national competent authority of his own place of business. The latter shall coordinate joint actions of all competent authorities, unless the national competent authorities agree on another national competent authority to coordinatenon-compliance is remedied.
Amendment 706 #
2022/0094(COD)
Proposal for a regulation
Article 24 – paragraph 4
Article 24 – paragraph 4
Amendment 708 #
2022/0094(COD)
Proposal for a regulation
Article 24 – paragraph 7
Article 24 – paragraph 7
7. The importer shall investigate complaints, and, if necessary, keep a register of complaints, of non-conforming products and of product withdrawals or recalls, and shall keep manufacturers and distributors informed of any such monitoring.
Amendment 710 #
2022/0094(COD)
Proposal for a regulation
Article 25 – paragraph 2
Article 25 – paragraph 2
2. When making a product available on the market, the distributors shall verify at a documentary level that the manufacturer and the importer have complied with the requirements set out in Article 21(1), (5) and (6) and where applicable in Article 22(2), points (f) and (i) and shall fulfil the obligations incumbent on importers in accordance with Article 24(13) to (5) whilst references to “placing on the market” shall be understood as “further making available on the market”.
Amendment 712 #
2022/0094(COD)
Proposal for a regulation
Article 25 – paragraph 3
Article 25 – paragraph 3
Amendment 717 #
2022/0094(COD)
Proposal for a regulation
Article 27 – paragraph 1
Article 27 – paragraph 1
1. When contributing to the making available on the market or direct installation of a product, fulfilment service provider or broker shall act with due care in relation to the obligations of this Regulation. It shall be liable for infringement of this Article and of Article 19 in accordance with national law on contractual and extra-contractual liability.
Amendment 718 #
2022/0094(COD)
Proposal for a regulation
Article 28
Article 28
Amendment 719 #
2022/0094(COD)
Proposal for a regulation
Article 29
Article 29
Amendment 722 #
2022/0094(COD)
Proposal for a regulation
Article 30
Article 30
Amendment 727 #
2022/0094(COD)
Proposal for a regulation
Article 31
Article 31
Amendment 731 #
2022/0094(COD)
Proposal for a regulation
Article 33
Article 33
Amendment 734 #
2022/0094(COD)
Proposal for a regulation
Article 35 – paragraph 2 – subparagraph 1 – introductory part
Article 35 – paragraph 2 – subparagraph 1 – introductory part
Following a request for a European technical assessment by a manufacturer or a group of manufacturers or on initiative of the Commission, a European assessment document may be drawn up and adopted by the organisation of technical assessment bodies (‘TABs’) in agreement with the Commission for any kind or category of products product not covered by:
Amendment 745 #
2022/0094(COD)
Proposal for a regulation
Article 40 – paragraph 1 – point a
Article 40 – paragraph 1 – point a
(a) a description of the kind or category of products product covered; and
Amendment 747 #
2022/0094(COD)
Proposal for a regulation
Article 40 – paragraph 1 – point b
Article 40 – paragraph 1 – point b
(b) the list of essential characteristics, relevant for the intended use of the kind or category of products product as set out by the manufacturer and agreed between the manufacturer and the organisation of TABs, and the methods and criteria for assessing the performance of the product in relation to those essential characteristics.
Amendment 749 #
2022/0094(COD)
Proposal for a regulation
Article 40 – paragraph 2
Article 40 – paragraph 2
2. Principles for the applicable factory production control to be applied shall be set out in the European assessment document, taking into account the conditions of the manufacturing process of the kind or category of products product concerned.
Amendment 750 #
2022/0094(COD)
Proposal for a regulation
Article 40 – paragraph 3
Article 40 – paragraph 3
3. Where the performance of some of certain essential characteristics of the kind or category of products product can appropriately be assessed with methods and criteria established in harmonised technical specifications or European assessment documents, those existing methods and criteria shall be incorporated as parts of the European assessment document, unless there are good reasons to deviate from this rule.
Amendment 775 #
2022/0094(COD)
Proposal for a regulation
Article 78 – paragraph 1
Article 78 – paragraph 1
1. The Commission is empowered to supplement this Regulation by means of delegated act according to Article 87, by setting up a voluntary Union construction products database or system where information related to showing compliance with this regulation can be stored or linked to. This initiative should that builds to the extent possible on the Digital Product Passport established by Regulation (EU) ... [Regulation on ecodesign for sustainable products] in order to avoid overlaps with other EU legislation and to ensure interoperability with already existing requirements.
Amendment 792 #
2022/0094(COD)
Proposal for a regulation
Article 79 – paragraph 1
Article 79 – paragraph 1
1. Member States shall support economic operators by product contact points for construction. Member States shall designate and maintain at least one product contact point for construction on their territory and shall ensure that their product contact points for construction have sufficient powers and adequate resources for the proper performance of their tasks and at any rate at least one full- time equivalence per Member State and one additional full-time equivalence per each ten millions of inhabitants. They shall ensure that product contact points for construction deliver their services in accordance with Regulation (EU) 2018/172449 and that they coordinate with the contact points for mutual recognition established by Article 9(1) of Regulation (EU) No 2019/51550 . _________________ 49 Regulation (EU) 2018/1724 of the European Parliament and of the Council of 2 October 2018 establishing a single digital gateway to provide access to information, to procedures and to assistance and problem-solving services and amending Regulation (EU) No 1024/2012; OJ L 295, 21.11.2018, p. 1–38. 50 Regulation (EU) 2019/515 of the European Parliament and of the Council of 19 March 2019 on the mutual recognition of goods lawfully marketed in another Member State and repealing Regulation (EC) No 764/2008; OJ L 91, 29.3.2019, p. 1–18.
Amendment 794 #
2022/0094(COD)
Proposal for a regulation
Article 82 – paragraph 1 – introductory part
Article 82 – paragraph 1 – introductory part
1. The Commission after consultation with the Member states may cooperate, including through the exchange of information, with third countries or international organisations in the field of application of this Regulation, such as:
Amendment 797 #
2022/0094(COD)
Proposal for a regulation
Article 83
Article 83
Amendment 804 #
2022/0094(COD)
Proposal for a regulation
Article 84
Article 84
Amendment 833 #
2022/0094(COD)
Proposal for a regulation
Article 88 – paragraph 1
Article 88 – paragraph 1
1. The Commission shall be assistguided by the Committee on Construction Products. This committee shall be a committee within the meaning of Regulation (EU) No 182/2011. Where reference is made to this paragraph, Article 4 of Regulation (EU) No 182/2011 shall apply (advisory procedure).
Amendment 839 #
2022/0094(COD)
Proposal for a regulation
Article 90 – paragraph 4
Article 90 – paragraph 4
Amendment 849 #
2022/0094(COD)
Proposal for a regulation
Article 92 – paragraph 1
Article 92 – paragraph 1
Regulation (EU) 305/2011 is repealed with effect from 1 January 2045.10 years after entry into force of this Regulation
Amendment 858 #
2022/0094(COD)
Proposal for a regulation
Article 93 a (new)
Article 93 a (new)
Article 93 a Prioritisation and planning 1. The Commission shall adopt by six months after entry into force of the Regulation and regularly update a working plan, covering a period of at least 3 years, setting out a list of product families or categories it intends to establish obligations and the necessary standardisation requests to be adopted in accordance with this Regulation. In the development of the working plan, the Commission shall consult the Member States, the European Parliament and the European Standardisation Organisations. 2. The Commission shall once a year report to the Member States and the European Parliament about the progress in implementing the working plan including the standardisation requests issued.
Amendment 861 #
2022/0094(COD)
Proposal for a regulation
Annex I – Part A – point 1 – paragraph 4
Annex I – Part A – point 1 – paragraph 4
Amendment 903 #
2022/0094(COD)
Proposal for a regulation
Annex I – Part D – point 1 – introductory part
Annex I – Part D – point 1 – introductory part
1. PWhere the information is not already provided with the declaration of performance, products shall be accompanied by the following information:
Amendment 131 #
2022/0047(COD)
Proposal for a regulation
Recital 14
Recital 14
(14) Physical products that obtain, generate or collect, by means of their components, data concerning their performance, use or environment and that are able to communicate that data via a publicly available electronic communications service (often referred to as the Internet of Things) should be covered by this Regulation. Electronic communications services include land- based telephone networks, television cable networks, satellite-based networks and near-field communication networks. Such products may include vehicles, home equipment and consumer goods, medical and health devices or agricultural and industrial machinery. The data represent the digitalisation of user actions and events and should accordingly be accessible to the user, while information derived or inferred from this data, where lawfully held, should not be considered within scope of this Regulation. This means that this Regulation only applies to raw data and its relevant metadata. Such data are potentially valuable to the user and support innovation and the development of digital and other services protecting the environment, health and the circular economy, in particular though facilitating the maintenance and repair of the products in question.
Amendment 139 #
2022/0047(COD)
Proposal for a regulation
Recital 15
Recital 15
(15) In contrast, certain products that are primarily designed to display or play content, or to record and transmit content, amongst others for the use by an online service should not be covered by this Regulation. Such products include, for example, personal computers, servers, tablets and smart phones, cameras, webcams, sound recording systems and text scanners. They require human input to produce various forms of content, such as text documents, sound files, video files, games, digital maps. Overall, existing contracts governing data sharing should be exempted from this Regulation.
Amendment 144 #
2022/0047(COD)
Proposal for a regulation
Recital 16
Recital 16
(16) It is necessary to lay down rules applying to connected products that, at the time of the sale, rental or leasing agreement incorporate or are interconnected with a service in such a way that the absence of the service would prevent the product from performing itsone of its main functions. Such related services can be part of the sale, rent or lease agreement, or such services are normally provided for products of the same type and the user could reasonably expect them to be provided given the nature of the product and taking into account any public statement made by or on behalf of the seller, renter, lessor or other persons in previous links of the chain of transactions, including the manufacturer. These related services may themselves generate data of value to the user independently of the data collection capabilities of the product with which they are interconnected. Neither the power supply nor the supply of the connectivity are to be interpreted as related services under this Regulation. This Regulation should also apply to a related service that is not supplied by the seller, renter or lessor itself, but is supplied, under the sales, rental or lease contract, by a third party. In the event of doubt as to whether the supply of service forms part of the sale, rent or lease contract, this Regulation should apply. For the sake of legal certainty, electronic communication services are not in scope.
Amendment 180 #
2022/0047(COD)
Proposal for a regulation
Recital 23
Recital 23
(23) Before concluding a contract for the purchase, rent, or lease of a product or the provision of a related service, clear and sufficient information should be provided by the data holder to the user on how the data generated may be accessed. This obligation provides transparency over the data generated and enhances the easy access for the user. This obligation to provide information does not affect the obligation for the controller to provide information to the data subject pursuant to Article 12, 13 and 14 of Regulation 2016/679.
Amendment 275 #
2022/0047(COD)
Proposal for a regulation
Recital 52
Recital 52
(52) Rules on contractual terms should take into account the principle of contractual freedom as an essential concept in business-to-business relationships. Therefore, not all contractual terms should be subject to an unfairness test, but only to those terms that are unilaterally imposed on micro, small and medium-sized enterprises. This concerns ‘take-it-or- leave-it’ situations where one party supplies a certain contractual term and the micro, small or medium-sized enterprise cannot influence the content of that term despite an attempt to negotiate it. A contractual term that is simply provided by one party and accepted by the micro, small or medium-sized enterprise or a term that is negotiated and subsequently agreed in an amended way between contracting parties should not be considered as unilaterally imposed. All contractual agreements shall be inline with Fair, Reasonable and Non- Discriminatory (FRAND) principles.
Amendment 399 #
2022/0047(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 1 a (new)
Article 2 – paragraph 1 – point 1 a (new)
(1 a) ‘non-personal data’ means data other than personal data as defined in point (1) of Article 4 of Regulation (EU) 2016/679;
Amendment 403 #
2022/0047(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 1 d (new)
Article 2 – paragraph 1 – point 1 d (new)
(1 d) "metadata" as defined in Data Governance Act European Commission proposal Article 2 means data collected on any activity of a natural or legal person for the purposes of the provision of a data sharing service, including the date , time and geolocation data, duration of activity, connections to other natural or legal persons established by the person who uses the service;
Amendment 408 #
2022/0047(COD)
(1 e) "diagnostic data" means data that is the product of diagnostics functions or algorithms which provide information on the correct functioning and performance of the product and potential malfunctions;
Amendment 409 #
2022/0047(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 1 b (new)
Article 2 – paragraph 1 – point 1 b (new)
(1 b) ‘raw data’ means data in the form and format in which they are generated or collected directly from a source and not processed in any way;
Amendment 410 #
2022/0047(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 1 c (new)
Article 2 – paragraph 1 – point 1 c (new)
Amendment 422 #
2022/0047(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 3
Article 2 – paragraph 1 – point 3
(3) ‘related service’ means a digital service, including software, which is incorporated in orbut excluding electronic communication services (ECS), which is at the time of the purchase, rental or leasing agreement, inter- connected with a product in such a way that its absence would prevent the product from performing one of its core functions;
Amendment 433 #
2022/0047(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 5
Article 2 – paragraph 1 – point 5
(5) ‘user’ means a natural or legal person that owns, rents or leases a product or receives a servicesrelated service from the data holder;
Amendment 442 #
2022/0047(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 6
Article 2 – paragraph 1 – point 6
(6) ‘data holder’ means a legal or natural person who de facto holds, controls and is able to grant access to the data, and who has the right or obligation, in accordance with this Regulation, applicable Union law or national legislation implementing Union law, or in the case of non-personal data and through control of the technical design of the product and related services, the ability, to make available certain data;
Amendment 457 #
2022/0047(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 10
Article 2 – paragraph 1 – point 10
(10) ‘public emergency’ means an exceptional situation negativesuch as major public health emergencies, emergencies resulting from major natural disasters, negatively and suddenly affecting the population of the Union, a Member State or a major part of it, with a risk of serious and lasting repercussions on living conditions or economic stability, or the substantial and immediate degradation of economic assets in the Union or the relevant Member State(s), and as determined according to the respective procedures in the Member States or of relevant international organisations;
Amendment 532 #
2022/0047(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point c a (new)
Article 3 – paragraph 2 – point c a (new)
(c a) The user may grant or withdraw at any time consent for the data holder to the use of their data or to the third party nominated by the data holder (opt out).
Amendment 554 #
2022/0047(COD)
Proposal for a regulation
Article 3 – paragraph 2 a (new)
Article 3 – paragraph 2 a (new)
2 a. The manufacturer shall have the right to access easily and securely the data generated by the use of the products it sells, rents or leases to users that are legal persons.
Amendment 565 #
2022/0047(COD)
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
1. Where data cannot be directly accessed by the user from the product, the data holder shall make available to the user the raw data generated by its use of a product or related service without undue delay, free of charge and, where applicable, continuously and in real-time. This shall be done on the basis of a simple request through electronic means where technically feasible.
Amendment 576 #
2022/0047(COD)
Proposal for a regulation
Article 4 – paragraph 3
Article 4 – paragraph 3
3. Trade secrets shall only be disclosed provided that all specific necessary measures are taken to preservehe data holder shall be under no obligation to share data theat confidentiality of trade secrets in particular with respect to third parties. The data holder and thstitute, or allow conclusions about trade user can agree measures to preserve the confidentiality of the shared data, in particular in relation tocrets of the data holder or third parties.
Amendment 612 #
2022/0047(COD)
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
1. Upon request by a user, or by a party acting on behalf of a user, the data holder shall make available the data generated by the use of a product or related service to a third party, that has a registered seat in the European Union, without undue delay, free of charge to the user, of the same quality as is available to the data holder and, where applicable and technically feasible, continuously and in real-time.
Amendment 658 #
2022/0047(COD)
Proposal for a regulation
Article 6 – paragraph 2 – point c
Article 6 – paragraph 2 – point c
(c) make the data available it receives to another third party, in raw, aggregated or derived form, unless this is necessary to provide the service requested by the user; the third party should have a registered seat in the European Union.
Amendment 763 #
2022/0047(COD)
Proposal for a regulation
Article 14 – paragraph 1
Article 14 – paragraph 1
1. Upon request, a data holder shall make data available to a public sector body or to a Union institution, agency or body demonstrating an exceptional need and a public emergency to use the data requested.
Amendment 774 #
2022/0047(COD)
Proposal for a regulation
Article 15 – paragraph 1 – point a
Article 15 – paragraph 1 – point a
(a) where the data requested is necessary to respond to a public emergency;, meaning a public health crisis, a major natural disaster or a man- made disaster.
Amendment 810 #
2022/0047(COD)
Proposal for a regulation
Article 17 – paragraph 1 – point a
Article 17 – paragraph 1 – point a
(a) specify what data are required;a. establish that it is acting as the single public sector body in charge of requesting data, authorized to this end by Union or Member State law as per Article 14(1) of this Regulation; b. specify what data are required; c. demonstrate the exceptional need for which the data are requested; d. explain the purpose of the request, the intended use of the data requested, and the duration of that use; e. specify the deadline by which the data are to be made available or within which the data holder may request the public sector body, Union institution, agency or body to modify or withdraw the request; f. submit a declaration on the lawful and secure handling of the data received; g. specify the names of the third parties it intends to share the obtained data with pursuant to paragraph 4.
Amendment 812 #
2022/0047(COD)
Proposal for a regulation
Article 17 – paragraph 1 – point b
Article 17 – paragraph 1 – point b
Amendment 815 #
2022/0047(COD)
Proposal for a regulation
Article 17 – paragraph 1 – point c
Article 17 – paragraph 1 – point c
Amendment 819 #
2022/0047(COD)
Proposal for a regulation
Article 17 – paragraph 1 – point d
Article 17 – paragraph 1 – point d
Amendment 821 #
2022/0047(COD)
Proposal for a regulation
Article 17 – paragraph 1 – point e
Article 17 – paragraph 1 – point e
Amendment 862 #
2022/0047(COD)
Proposal for a regulation
Article 17 – paragraph 4 – subparagraph 2
Article 17 – paragraph 4 – subparagraph 2
Where a public sector body or a Union institution, agency or body requests, transmits or makes data available under this paragraph, it shall notify the data holder from whom the data was received.
Amendment 868 #
2022/0047(COD)
Proposal for a regulation
Article 17 – paragraph 4 a (new)
Article 17 – paragraph 4 a (new)
4 a. The data request cannot concern data already available within the public sector domain.
Amendment 871 #
2022/0047(COD)
Proposal for a regulation
Article 18 – paragraph 1
Article 18 – paragraph 1
1. A data holder receiving a request for access to data under this Chapter shall make the data available to the requesting public sector body or a Union institution, agency or body where possible without undue delay, taking into account provision of time for the necessary technical, organizational, and legal measures.
Amendment 910 #
2022/0047(COD)
Proposal for a regulation
Article 19 – paragraph 2
Article 19 – paragraph 2
2. Disclosure of trade secrets or alleged trade secrets to a public sector body or to a Union institution, agency or body shall only be required to the extent that it is strictly necessary to achieve the purpose of the request. In such a case, the public sector body or the Union institution, agency or body shall take appropriate measures to preserve the confidentiality of those trade secrets. and issue a statement declaring: a. the purpose for which trade secrets would be used b. the way the trade secrets would contribute to the achievement of such purpose c. the detailed measures that would be taken to protect them.
Amendment 919 #
2022/0047(COD)
Proposal for a regulation
Article 20 – paragraph 1
Article 20 – paragraph 1
1. Data made available to respond to a public emergency pursuant to Article 15, point (a), shall be provided free of charge.in exchange for compensation not exceeding the technical and organisational costs incurred related to making the data available to the public sector body including, where applicable, the costs of anonymisation and pseudonymization and of other necessary technical adaptations;
Amendment 926 #
2022/0047(COD)
Proposal for a regulation
Article 20 – paragraph 2
Article 20 – paragraph 2
2. Where the data holder claims compensation for making data available in compliance with a request made pursuant to Article 15, points (b) or (c), such compensation shall not exceedmust ensure fair compensation on investments made and cover the technical and organisational costs incurred to comply with the request including, where necessary, the costs of anonymisation and pseudonymization of technical adaptation, plus a reasonable margin. Upon request of the public sector body or the Union institution, agency or body requesting the data, the data holder shall provide information on the basis for the calculation of the costs and the reasonable margin.
Amendment 940 #
2022/0047(COD)
Proposal for a regulation
Article 21 – paragraph 2
Article 21 – paragraph 2
2. The data holder shall make available the data used for the production of European Statistics included in the European Statistical Programme in order to meet the timely information needs of European citizens. 3. Individuals or organisations receiving the data pursuant to paragraph 1 and 2 shall act on a not-for-profit basis or in the context of a public-interest mission recognised in Union or Member State law. They shall not include organisations upon which commercial undertakings have a decisive influence or which could result in preferential access to the results of the research.
Amendment 944 #
2022/0047(COD)
Proposal for a regulation
Article 21 – paragraph 3
Article 21 – paragraph 3
3. 4. Individuals or organisations receiving the data pursuant to paragraph 1 shall comply with the provisions of Article 17(3) and Article 19.
Amendment 956 #
2022/0047(COD)
Proposal for a regulation
Article 23 – paragraph 1 – point a
Article 23 – paragraph 1 – point a
(a) terminating, after a maximum notice period of 30 calendar days, the contractual agreement of the service, unless the contracting parties explicitly agree on a different notice period on a contractual basis and provided that both parties are able to influence its content;
Amendment 1002 #
2022/0047(COD)
Proposal for a regulation
Article 27 – paragraph 1
Article 27 – paragraph 1
1. Providers of data processing services shall take all reasonable technical, legal and organisational measures, including contractual arrangements, in order to prevent international transfer or governmental access to non-personal data held in the Union where such transfer or access would create a conflict with Union law or the national law of the relevant Member State; when such transfer or access poses a concrete risk to the fundamental rights of individuals, the national security or defence interests of Member States, the protection of commercially sensitive data, including trade secrets, intellectual property rights and contractual undertakings regarding confidentiality, without prejudice to paragraph 2 or 3.
Amendment 1012 #
2022/0047(COD)
Proposal for a regulation
Article 27 – paragraph 4
Article 27 – paragraph 4
4. If the conditions in paragraph 2 or 3 are met, the provider of data processing services shall provide the minimum amount of data permissible in response to a request, based on a reasonablen interpretation thereof by the relevant competent body or authority.
Amendment 1040 #
2022/0047(COD)
Proposal for a regulation
Article 28 – paragraph 4
Article 28 – paragraph 4
4. The Commission may, in accordance with Article 10 of Regulation (EU) No 1025/2012, request one or more European standardisation organisations to draft harmonised standards that satisfy the essential requirements under paragraph 1 of this Article. When drafting the European standards, such organizations should, whenever possible, take into account the standards, good practices, norms, technical specifications and relevant opensource norms which already exist.
Amendment 1142 #
2022/0047(COD)
Proposal for a regulation
Article 34 – paragraph 1
Article 34 – paragraph 1
The Commission shall develop and recommend non-binding model contractual terms on data access and use to assist parties in drafting and negotiating contracts with balanced contractual rights and obligations. Such contractual terms shall be in line with Fair, Reasonable and Non- Discriminatory (FRAND) principles.
Amendment 1160 #
2022/0047(COD)
Proposal for a regulation
Article 42 – paragraph 2
Article 42 – paragraph 2
It shall apply from [124 months after the date of entry into force of this Regulation].
Amendment 83 #
2022/0032(COD)
Proposal for a regulation
Recital 29
Recital 29
(29) In light of the structural deficiencies of the semiconductor supply chain and the resulting risk of future shortages, this Regulation provides instruments for a coordinated approach to monitoring and effectively tackling possible market disruptions. The long-term objective of the monitoring exercise enshrined under this Regulation should be a shift from crisis mitigation to crisis prevention.
Amendment 84 #
2022/0032(COD)
Proposal for a regulation
Recital 30
Recital 30
(30) Due to the complex, quickly evolving and interlinked semiconductor value chains with various actors, a coordinated approach to regular monitoring is necessary to increase the ability to mitigate risks that may negatively affect the supply of semiconductors. Member States, in close coordination with relevant stakeholders, should monitor the semiconductor value chain focusing on early warning indicators and the availability and integrity of the services and goods provided by key market actors,. The monitoring activity shall be targeted and purpose driven in such a way that it would not represent an excessive administrative burden for undertakings nor jeopardize confidentiality requirements .Information collected within the scope of this exercise shall be consistent, comparable at EU level and paced in line with evolving global developments. In this regard the Commission may provide guidance in order to avoid excessive defragmentation in the set-up of national monitoring mechanisms.
Amendment 92 #
2022/0032(COD)
Proposal for a regulation
Recital 35
Recital 35
(35) As part of the monitoring, national competent authorities should also do a mapping of undertakings operating in the Union along the semiconductor supply chain established in their national territory and notify this information to the Commission. Strategic mapping shall complement the monitoring activity under this Regulation and should serve the objective of understanding long-term interdependencies across the supply chain.
Amendment 110 #
2022/0032(COD)
Proposal for a regulation
Recital 42
Recital 42
(42) The semiconductor crisis stage should be triggered as last resort in the presence of concrete, serious, and reliable evidence of such a crisis. A semiconductor crisis occurs in case of serious disruptions to the supply of semiconductors leading to significant shortages which entail significant delays and negative effects on one or more important economic sectors in the Union, either directly or through ripple effects of the shortage, given that the Union’s industrial sectors represent a strong user base of semiconductors. Alternatively or in addition, a semiconductor crisis also occurs when serious disruptions of the supply of semiconductors lead to significant shortages which prevent the supply, repair and maintenance of essential products used by critical sectors, for instance medical and diagnostic equipment.
Amendment 112 #
2022/0032(COD)
Proposal for a regulation
Recital 43
Recital 43
(43) In order to ensure an agile and effective response to such a semiconductor crisis, the Commission should be empowered to activate the crisis stage by means of an implementing acts and for a predetermined duration period, taking into account the opinion of the European Semiconductor Board. The Commission should assess the need for prolongation and prolong the duration of the crisis stage for a predetermined period, should such a necessity be ascertained, taking into account the opinion of the European Semiconductor Board. Equally, should supply chain recovery conditions be ascertained, the Commission, in accordance with the European Semiconductor Board, should assess the possibility of ending the crisis stage and related measures in advance.
Amendment 124 #
2022/0032(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point c
Article 1 – paragraph 1 – point c
(c) setting up a coordination mechanism between the Member States and, the Commission as well as key market actors and relevant end user industries for monitoring the supply of semiconductors and crisis response to semiconductor shortages.
Amendment 124 #
2022/0032(COD)
Proposal for a regulation
Recital 1
Recital 1
(1) Semiconductors are at the core of any digital device: from smartphones and cars, through critical applications and infrastructures in health, energy, communications and automation to most other industry sectors. While semiconductors are essential to the functioning of our modern economy and society, the Union has witnessed unprecedented disruptions in their supply. The current supply shortage in high range but also in mid-low range of chips, is a symptom of permanent and serious structural deficiencies in the Union’s semiconductor value and supply chain. The disruptions have exposed long-lasting vulnerabilities in this respect, notably a strong third-country dependency in manufacturing and design of chips.
Amendment 126 #
2022/0032(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 16
Article 2 – paragraph 1 – point 16
(16) ‘critical sector’ means any sector referred to in the Annex of the Commission proposal for a Directive of the European Parliament and of the Council on the resilience of critical entities, the defence sector and other, activities that are relevant for public safety and security as well as any other activity or sector of strategic economic importance for Member States;
Amendment 134 #
2022/0032(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) This framework pursues two objectives. The first objective is to ensure the conditions necessary for the competitiveness and innovation capacity of the Union and to ensure the adjustment of the industry to structural changes due to fast innovation cycles and the need for sustainability as well as to ensure supply of chips to core sectors for the Union's economy. The second objective, separate and complementary to the first one, is to improve the functioning of the internal market by laying down a uniform Union legal framework for increasing the Union’s resilience and security of supply in the field of semiconductor technologies.
Amendment 145 #
2022/0032(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) It is necessary to take measures to build capacity and strengthen the Union’s semiconductor sector in line with Article 173(3) of the Treaty. These measures do not entail the harmonisation of national laws and regulations. In this regard, the Union should reinforce the competitiveness and resilience of the semiconductor technological and industrial base, whilst strengthening the innovation and manufacturing capacityies of its semiconductor sector, reducing dependence on a limited number of third country companies and geographies, and strengthening its capacity to design and produce advanced components. The Chips for Europe Initiative (the ‘Initiative’) should support these aims by bridging the gap between Europe’s advanced research and innovation capabilities and their sustainable industrial exploitation in terms of manufacturing. It should promote capacity building to enable design, production and systems integration in next generation semiconductor technologies, enhance collaboration among key players across the Union, strengthening Europe's semiconductor supply and value chains, serving key industrial sectors and creating new markets.
Amendment 148 #
2022/0032(COD)
Proposal for a regulation
Article 15 – paragraph 2
Article 15 – paragraph 2
2. Member States shall invite the main users of semiconductors and other relevant stakeholders to provide information regarding significant fluctuations in demand and known disruptions of their supply chain. To facilitate the exchange of information, Member States shall provide for a mechanism and administrative set-up for these updates. In doing so, Member States shall consult relevant end user industries with a view to build the necessary mechanisms on existing industry best monitoring practices.
Amendment 163 #
2022/0032(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) The semiconductor sector is characterised by very high development and innovation costs and very high costs for building state of the art testing and experimentation facilities to support the industrial production. This has direct impact on the competitiveness and innovation capacity of the Union industry, as well as on the security and resilience of the supply. In light of the lessons learnt from recent shortages in the Union and worldwide and the rapid evolution of technology challenges and innovation cycles affecting the semiconductor value chain, it is necessary to strengthen the Union’s competitiveness, resilience and, innovation capacity and manufacturing by setting up the Initiative.
Amendment 174 #
2022/0032(COD)
Proposal for a regulation
Article 16 – paragraph 2
Article 16 – paragraph 2
2. The Commission shall review the Union risk assessment including the early warning indicators as necessary, including upon indication of the European Semiconductor Board.
Amendment 179 #
2022/0032(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) In order to achieve its general objective, and address both the supply and demand side challenges of the current semiconductor ecosystem, the Initiative should include five main components. First, to reinforce Europe’s design capacity, the Initiative should support actions to build a virtual platform that is available across the Union. The platform should connect the communities of design houses, SMEs and start-ups, intellectual property and tool suppliers, with research and technology organisations to provide virtual prototype solutions based on co- development of technology. Second, in order to strengthen the security and resilience of supply and reducing the Union’s dependency on third country production, the Initiative should support development and access to pilot lines. The pilot lines should provide for the industry a facility to test, experiment and validate semiconductor technologies and system design concepts at the higher technology readiness levels beyond level 3 but under level 8 while reducing environmental impacts as much as possible. Union investments along Member States investment and with the private sector in pilot lines is necessary to address the existing structural challenge and market failure where such facilities are not available in the Union hindering innovation potential and global competitiveness of the Union. Third, in order to enable investments in alternative technologies, such as quantum technologies, conducive to the development of the semiconductors sector, the Initiative should support actions including on design libraries for quantum chips, pilot lines for building quantum chips and testing and experimentation facilities for quantum components. Fourth, in order to promote the use of the semiconductor technologies, to provide access to design and pilot line facilities, and to address skills gaps across the Union, the Initiative should support establishment of the competence centres on semiconductors in each Member State. Access to publicly funded infrastructure, such as pilot and testing facilities, and to the competence network, should be open to a wide range of users and must be granted on a transparent and non-discriminatory basis and on market terms (or cost plus reasonable margin basis) for large undertakings, while SMEs and academic research centers can benefit from preferential access or reduced prices. Such access, including for international research and commercial partners, can lead to broader cross-fertilisation and gains in know-how and excellence, while contributing to cost recovery. Fifth, The Commission should set-up a dedicated semiconductor investment facility support (as part of the investment facilitation activities described collectively as the ‘Chips Fund’) proposing both equity and debt solutions, including a blending facility under the InvestEU Fund established by Regulation (EU) 2021/523 of the European Parliament and Council53 , in close cooperation with the European Investment Bank Group and together with other implementing partners such as national promotional banks and institutions. The ‘Chips Fund’ activities should support the development of a dynamic and resilient semiconductor ecosystem by providing opportunities for increased availability of funds to support the growth of start-ups and SMEs as well as investments across the value chain, including for other companies in the semiconductor value chains. In this context, the European Innovation Council will provide further dedicated support through grants and equity investments to high risk, market creating innovators. _________________ 53 Regulation (EU) 2021/523 of the European Parliament and of the Council of 24 March 2021 establishing the InvestEU Programme and amending Regulation (EU) 2015/1017 (OJ L 107, 26.3.2021, p. 30).
Amendment 188 #
2022/0032(COD)
Proposal for a regulation
Article 18 – paragraph 3 a (new)
Article 18 – paragraph 3 a (new)
3 a. During the crisis stage the Commission shall, upon request from a Member State or on its own initiative, equally assess whether advance termination of crisis stage should be considered. Where the assessment concludes that earlier termination is appropriate, the Commission may conclude activation after consulting the European Semiconductor Board.
Amendment 207 #
2022/0032(COD)
Proposal for a regulation
Article 19 – paragraph 4
Article 19 – paragraph 4
4. The use of the measures referred to in paragraph 1 shall be proportionate and restricted to what is necessary for addressing serious disruptions of vital societal functions or strategic economic activities in the Union and must be in the best interest of the Union. The use of these measures shall avoid placing disproportionate administrative burden on SMEs.
Amendment 212 #
2022/0032(COD)
Proposal for a regulation
Article 19 – paragraph 6
Article 19 – paragraph 6
6. The Commission mayshall, after consulting the European Semiconductor Board, issue guidance on the implementation and the use of the emergency measures.
Amendment 215 #
2022/0032(COD)
Proposal for a regulation
Article 22 – paragraph 1
Article 22 – paragraph 1
1. The Commission may, upon the request of two or more Member States, establish a mandate to act as a central purchasing body on behalf of the participating Member States (‘participating Member States’) for their public procurement of crisis-relevant products for certain critical sectors or strategic economic activities in the Union (‘common purchasing’).
Amendment 219 #
2022/0032(COD)
Proposal for a regulation
Article 22 – paragraph 2
Article 22 – paragraph 2
2. The Commission shall, in consultation with the European Semiconductor Board, assess the utility, necessity and proportionality of the request. Where the Commission intends not to follow the request, it shall inform the Member States concerned and the European Semiconductor Board without undue delay and give reasons for its refusal.
Amendment 223 #
2022/0032(COD)
Proposal for a regulation
Article 22 – paragraph 4
Article 22 – paragraph 4
4. Procurement under this Regulation shall be carried out by the Commission in accordance with the rules set out in the Financial Regulation for its own procurement. The Commission may have the ability and responsibility, on behalf of all participating Member States, to enter into contracts with economic operators, including individual producers of crisis- relevant products, concerning the purchase of such products or concerning the advance financing of the production or the development of such products in exchange for a priority right to the result. The Commission shall keep Member States duly informed of the progress of the procurement procedure.
Amendment 235 #
2022/0032(COD)
Proposal for a regulation
Recital 29
Recital 29
(29) In light of the structural deficiencies of the semiconductor supply chain and the resulting risk of future shortages, this Regulation provides instruments for a coordinated approach to monitoring and effectively tackling possible market disruptions and related impact on the competitiveness of European industry.
Amendment 241 #
2022/0032(COD)
Proposal for a regulation
Recital 30
Recital 30
(30) Due to the complex, quickly evolving and interlinked semiconductor value chains with various actors, a coordinated approach to regular monitoring is necessary to increase the ability to mitigate risks that may negatively affect the supply of semiconductors. Member States should monitor the semiconductor value chain focusing on early warning indicators and the availability and integrity of the services and goods provided by key market actors and European industrial end-users, in such a way that it would not represent an excessive administrative burden for undertakings.
Amendment 265 #
2022/0032(COD)
Proposal for a regulation
Recital 36
Recital 36
(36) In order to facilitate effective monitoring, in-depth assessment of the risks associated with different stages of the semiconductor value chain is needed, including on the origins and sources of supplies beyond the Union. Such risks may be related to critical inputs (raw materials, intermediate product) and equipment for the industry, including digital products that may be vulnerable, possible impact of counterfeit semiconductors, manufacturing capacities and other risks that may disrupt, compromise or negatively affect the supply chain. Those risks could include supply chains with a single point of failure or which are otherwise highly concentrated. Other relevant factors could include the availability of substitutes or alternative sources for critical inputs and resilient and sustainable transport. The Commission should, assisted by the European Semiconductor Board and taking also into account information received from the main user categories, develop a Union level risk assessment.
Amendment 293 #
2022/0032(COD)
Proposal for a regulation
Recital 46
Recital 46
(46) A number of sectors are critical for the proper functioning of the internal market and to preserve the competitiveness of European industries. Those critical sectors are the sectors listed in the Annex of the Commission proposal for a Directive of the European Parliament and of the Council on the resilience of critical entities61 . For the purposes of this Regulation, defence, automotive and other activities that are relevant for public safety and security as well as economic wellness of Europe should be additionally considered as a critical sector. Certain measures should only be enacted fur the purpose of securing supply to critical sectors. The Commission may limit the emergency measures to certain of these sectors or to certain parts of them when the semiconductor crisis has disturbed or is threatening to disturb their operation. _________________ 61 COM(2020) 829. 16.12.2020.
Amendment 297 #
2022/0032(COD)
Proposal for a regulation
Recital 47
Recital 47
(47) The purpose of requests for information from undertakings along the semiconductor supply chain established in the Union in the crisis stage is an in-depth assessment of the semiconductor crisis in order to identify potential mitigation or emergency measures at Union or national level and to support, in perspective, the independence from third country suppliers. Such information may include production capability, production capacity and current primary disruptions and bottlenecks. These aspects could include the typical and current actual stock of crisis-relevant products in its production facilities located in the Union and third country facilities which it operates or contracts or purchases supply from; the typical and current actual average lead time for the most common products produced; the expected production output for the following three months for each Union production facility; reasons that prevent the filling of production capacity; or other existing data necessary to assess the nature of the semiconductor crisis or potential mitigation or emergency measures at national or Union level. Any request should be proportionate, have regard for the legitimate aims of the undertaking and the cost and effort required to make the data available, as well as set out appropriate time limits for providing the requested information. Undertakings should be obliged to comply with the request and may be subject to penalties if they fail to comply or provide incorrect information. Any information acquired should be subject to confidentiality rules. Should an undertaking be subject to a request for information related to its semiconductor activities from a third country, it should inform the Commission so to enable an assessment whether an information request by the Commission is warranted.
Amendment 304 #
2022/0032(COD)
Proposal for a regulation
Recital 48
Recital 48
(48) In order to ensure that critical sectors can continue to operate in a time of crisis and when necessary and proportionate for this purpose, Integrated Production Facilities and Open EU Foundries could be obliged by the Commission to accept and prioritise orders of crisis-relevant products. This obligation may also be extended to semiconductor manufacturing facilities which have accepted such possibility in the context of receiving public support to create or enlarge manufacturing capacity. The decision on a priority rated order should be taken in accordance with all applicable Union legal obligations, having regard to the circumstances of the case. The priority rating obligation should take precedence over any performance obligation under private or public law while it should have regard for the legitimate aims of the undertakings and the cost and effort required for any change in production sequence. Undertakings may be subject to penalties if they fail to comply with the obligation for priority rated orders.
Amendment 316 #
2022/0032(COD)
Proposal for a regulation
Recital 53
Recital 53
(53) When the crisis stage is activated, two or more Member States could mandate the Commission to aggregate demand and act on their behalf for their public procurement in the public interest, in accordance with existing Union rules and procedures, leveraging its purchasing power. The mandate could authorise the Commission to enter into agreements concerning the purchase of crisis-relevant products (raw material, intermediate products) for certain critical sectors. The Commission should assess for each request the utility, necessity and proportionality in consultation with the Board. Where it intends to not follow the request, it should inform the concerned Member States and the Board and give its reasons. Furthermore, the participating Member States should be entitled to appoint representatives to provide guidance and advice during the procurement procedures and in the negotiation of the purchasing agreements. The deployment and use of purchased products should remain within the remit of the participating Member States.
Amendment 344 #
2022/0032(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 4
Article 2 – paragraph 1 – point 4
(4) ‘semiconductor supply chain’ means the system of activities, organisations, actors, technology, information, resources and services involved in the production of semiconductors, including raw materials, intermediate product, manufacturing equipment, design, fabrication, assembly, testing and packaging;
Amendment 345 #
2022/0032(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 5
Article 2 – paragraph 1 – point 5
(5) ‘semiconductor value chain’ means the set of activities in relation to a semiconductor product from its conception to its end use, including raw materials, intermediate product, manufacturing equipment, research, design, fabrication, testing, assembly and packaging to embedding and validation in end products;
Amendment 374 #
2022/0032(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 16
Article 2 – paragraph 1 – point 16
(16) ‘critical sector’ means any sector referred to in the Annex of the Commission proposal for a Directive of the European Parliament and of the Council on the resilience of critical entities, the defence sector, the mobility/automotive sector and other activities that are relevant for public safety and security;
Amendment 430 #
2022/0032(COD)
Proposal for a regulation
Article 4 – paragraph 2 – point d – point 2
Article 4 – paragraph 2 – point d – point 2
(2) address the skills shortage and mismatch, nurturing, attracting and mobilising new talent and supporting the emergence of a suitably skilled workforce for strengthening the semiconductor sector, including viastudents orientation, reskilling and upskilling of workers.
Amendment 440 #
2022/0032(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point c
Article 5 – paragraph 1 – point c
(c) advanced technology and engineering capacities for quantum chips and multilevel chips;
Amendment 451 #
2022/0032(COD)
Proposal for a regulation
Article 7 – paragraph 3 – point b
Article 7 – paragraph 3 – point b
(b) the draft Statutes of the ECIC that shall include at least the provisions on: the procedure for setting-up, membership, budget, legal seat, applicable law and jurisdiction, ownership of the results, governance, including decision making procedure and specific role and if applicable voting rights of Member States and the Commission, winding-up, reporting and liability.
Amendment 473 #
2022/0032(COD)
Proposal for a regulation
Article 8 – paragraph 2 – point e
Article 8 – paragraph 2 – point e
(e) developing and managing specific training actions on semiconductor technologies and on their applications to support the development of the talent pool in the Union.
Amendment 526 #
2022/0032(COD)
Proposal for a regulation
Article 11 – paragraph 2 – point b
Article 11 – paragraph 2 – point b
(b) its establishment and operation have a clear positive impact on the Union’s semiconductor value chain with regard to ensuring the security of supply and increasing qualified workforce, taking into account in particular the strengthen of its production capacity to meet the rising demand the extent to which it offers front- end or back-end, or both, production capacity to undertakings not related to the facility, if there is sufficient demand;
Amendment 798 #
2022/0032(COD)
Proposal for a regulation
Article 31 – paragraph 4
Article 31 – paragraph 4
4. The rights of defence of the undertaking or representative organisations of undertakings concerned shall be fully respected in any proceedings. The undertaking or representative organisations of undertakings concerned shall be entitled to have access to the Commission's file under the terms of a negotiated disclosure, subject to the legitimate interest of undertakings in the protection of their business secrets. The right of access to the file shall not extend to confidential information and internal documents of the Commission or the authorities of the Member States. In particular, the right of access shall not extend to correspondence between the Commission and the authorities of the Member States. Nothing in this paragraph shall prevent the Commission from disclosing and using information necessary to prove an infringement, respecting however undertakings business secrets.
Amendment 37 #
2021/2255(INI)
Motion for a resolution
Recital A
Recital A
A. whereas Europe finds itself in a momentis going through a period of ecological, digital and social transition, which is being accelerated by the economic and social impact of COVID- 19 and geopolitical tensions linked to the war on Ukraine in a context of rincreasing populism and anti-European sentimentlitical apathy and a decreasing spirit of analysis;
Amendment 44 #
2021/2255(INI)
Motion for a resolution
Recital B
Recital B
B. whereas the EU has been respondingis trying to respond effectively to the challenges of environmental degradation, climate change and the increasing scarcity of natural resources with far-reaching and ambitious political endeavours such as the European Green Deal, which is driving theabout to start on its quest for renewal and innovation;
Amendment 52 #
2021/2255(INI)
Motion for a resolution
Recital C
Recital C
C. whereas culture is a strategic sector for the EU which helps to bolster its economy, to enable us to live better together among ourselves and with other peoples and to build democratic and free societies, and yet unfortunately has been one of the areas hardest hit by the measures put in place to address the pandemic;
Amendment 68 #
2021/2255(INI)
Motion for a resolution
Recital D
Recital D
D. whereas architecture, urban and territorial planning, design, the arts, sociology and engineering are complementary and instrumental for building an inclusive societycan work effectively to become complementary and possibly also important for building an inclusive society with a higher rate of widespread well-being;
Amendment 78 #
2021/2255(INI)
Motion for a resolution
Recital E
Recital E
E. whereas building a better futurefuture in the medium and long term that enables all citizens to live a life of greater well-being starts with quality basic education and continues with affordable and effective ongoing professional training; whereas access to quality education is a fundamental right for all citizens;
Amendment 94 #
2021/2255(INI)
Motion for a resolution
Recital F
Recital F
F. whereas cultural heritage is increasingly impacted by climate and social change, and environmental and cultural degradation;
Amendment 116 #
2021/2255(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Recalls that the historic Bauhaus movement createdontributed to creating a paradigm shift in design, architecture and the arts which delivered radical innovationincorporated elements of radical innovation into the context of the moment and reflected truesignificant cultural and social changes in a progressiven artistic and educational context that aimed to achieve socio-economic progress;
Amendment 132 #
2021/2255(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Welcomes the New European Bauhaus (NEB) initiative and emphasises that it must primarily focus on improving the quality of people’s lives by transformingrationalising, where added value can be achieved and where there are no factors preventing its implementation, the spaces, buildings, cities and territories in which they live;
Amendment 146 #
2021/2255(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Recognises the NEB as a creativeneed for the NEB to be a creative, efficient and interdisciplinary initiative which brings together architecture, design, the arts and science at the forefront of EU policies for the first time, making the European Green Deal a tangible, positive and inclusive experience for alln experience that is tangible, positive from all points of view and inclusive for citizens and businesses;
Amendment 159 #
2021/2255(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Reaffirmcalls that the NEB has the potential to rebetter shape the way policies are conceived and to define a range of scenarios for the environment of the future by meeting the need for spaces also adapted to new ways of life;
Amendment 169 #
2021/2255(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Emphasises that the NEB must be accessible, affordable and profitable, socially fair and inclusive and must make it possible to actively involve EU citizens and community-based organisations in a bottom-up way – from project design to roll-out and evaluation – while avoiding any elitist approachethus ensuring the active participation of local authorities and small territories while avoiding any elitist approaches and inefficiency across the entire process;
Amendment 184 #
2021/2255(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Considers that this innovative cultural movement has the potentialambition to position Europe as among the global frontrunners in the area of architecture, design, culture, technology and energy efficiency by promoting ways of living better together with sustainable costs both in the purchase phase and over the life cycle of the dwelling, which can also be applied beyond the EU;
Amendment 210 #
2021/2255(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Urges the Commission to raise awarenesstudy these opportunities more and more in order to improve their effective application, spread information and raise awareness among citizens and businesses about this initiative and to improve the coordination between all levels of governance, which should have equitable access to opportunities and funding;
Amendment 223 #
2021/2255(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Urges the Commission to develop and implement specific initiatives aimed at providing technical assistance to small municipalities that do not have the necessary capacity or expertise to implement their own projects related to the new Bauhaus initiative;
Amendment 233 #
2021/2255(INI)
Motion for a resolution
Paragraph 8 – introductory part
Paragraph 8 – introductory part
8. Requests that the Commission clarify the general criteria for the selection and ongoing evaluation of the projects that will be on the list of NEB projects and for the allocation of funds, in particular:
Amendment 244 #
2021/2255(INI)
Motion for a resolution
Paragraph 8 – indent 3
Paragraph 8 – indent 3
- creating new jobs and business opportunities, which are both stable and of significant economic value;
Amendment 251 #
2021/2255(INI)
Motion for a resolution
Paragraph 8 – indent 4
Paragraph 8 – indent 4
- securing accessibility, medium to long-term sustainability and affordability;
Amendment 261 #
2021/2255(INI)
Motion for a resolution
Paragraph 8 – indent 6
Paragraph 8 – indent 6
- involving the cultural and creative sectors and industries (CCSI), particularly small and medium-sized cultural enterprises, including cultural creators;
Amendment 265 #
2021/2255(INI)
Motion for a resolution
Paragraph 8 – indent 7
Paragraph 8 – indent 7
- linking the NEB to the indicators of the 2030 Agenda and core European valuesvalues of our society;
Amendment 268 #
2021/2255(INI)
Motion for a resolution
Paragraph 8 – subparagraph 1 (new)
Paragraph 8 – subparagraph 1 (new)
- the creation of net economic value within the local areas where the project is implemented:
Amendment 281 #
2021/2255(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Calls on the Commission to make the principles of the NEB an integral part of allthe relevant future legislation that it considers will benefit from these principles;
Amendment 284 #
2021/2255(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Calls, in addition, for specific criteria to be developed for the relevant sectors, in particular construction and architecture, energy, mobility, design, tourism, education and skills, crafts, and the arts, and calls for these criteria to be reviewed regularly to ensure the continued effectiveness they are required to provide through their application in the sectors identified;
Amendment 301 #
2021/2255(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Regrets the lack of clarity on funding for the NEB from 2023 onwards; calls for the Horizon Europe Regulation to be amendeddiscussed again during the mid-term revision of the current multiannual financial framework (MFF) in ordto determine whether to create an NEB mission funded with EUR 500 million; underlines thatand, where necessary, how it should be funded; asks the Commission to analyse whether the programme shouldmust also be supported by other relevant programmes in ordercase it is necessary to generate additional impact;
Amendment 306 #
2021/2255(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Calls on the Commission to table a proposal as soon as possible to make the NEB, within a scale of priorities redefined also by factors external to the planned project, to determine whether the NEB should be an EU programme by the next MFF; insists that, if it is necessary, this will require freshinancial resources with a dedicated and stable budget line; underlines that this new programme must not reduce funding for other programmes nor divert focus from their agreed political priorities and those that emerge along the way as a result of external factors;
Amendment 322 #
2021/2255(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Calls on the Commission to develop a clear, effective and efficient plan for attracting public and private investment; encourages the Member States to allocate what they consider to be adequate funding to the NEB through their recovery and resilience plans and the European structural and investment funds;
Amendment 330 #
2021/2255(INI)
14. Calls on the Commission to set up an evidence-based monitoring and evaluation mechanism that is constantly updated, including at the request of citizens, which should continuously review all NEB activities and report regularly to Parliament and the Council; expects to receive the first monitoring report in 2022;
Amendment 344 #
2021/2255(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Believes that the NEB movement should promote moreesent more financially sustainable, socially inclusive and innovativeefficient ways of life based on new models of planning, constructing and inhabiting our built environment in order to suit emergingcurrent needs and help to ensure decentcomfortable housing for all;
Amendment 366 #
2021/2255(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Calls on the Member States to draw up innovative educationaltraining curricula for the development of spatial skills and to integrate green and digital skills within higher education and lifelong learning, which will also help to deliverround off the European Skills Agenda; calls for the EU to promoteesent the effectiveness and efficiency of such endeavours; calls on the Commission to makepresent mobility opportunities an integrs an additional part of the NEB;
Amendment 379 #
2021/2255(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Urges the Member States and the Commission to integrate all aspects of the knowledge triangle – innovation, research and education – by promoting partnerships between universities, scientific secondary schools, research organisations and industry, including the relevant small and medium- sized enterprises (SMEs), in close cooperation with the European Institute of Innovation and Technology and the Joint Research Centre;
Amendment 385 #
2021/2255(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Highlights that the NEB could support energy security and efficiency by encouraging investment and incentivising low-tech, low-energy solusolutions that reflect an efficient use of raw materials and efficient energy consumptions and could facilitatesupport the digital transition by improving connectivity to mitigate the digital divide; underlines the importance of effectively implementing in design practice the principles of the NEB in fighting energy poverty through innovativeeffective and efficient solutions for the building, construction, industrial and materials sectors;
Amendment 402 #
2021/2255(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Calls on the Commission and the Member States to usinclude the NEB in programmes to better protecteserve Europe’s rich and historic cultural heritage from the impact of various external factors, such as climate change;
Amendment 423 #
2021/2255(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Calls on the Commission and the Member States to effectively connect the NEB to the Renovation Wave, taking advantage of the innovativebest solutions that the project offers in the comprehensive renovation of our building stock, including with regard to energy efficiency;
Amendment 431 #
2021/2255(INI)
Motion for a resolution
Paragraph 20 a (new)
Paragraph 20 a (new)
20a. Calls on the Commission to consider the NEB as an opportunity for the re-use, development and safeguarding of buildings, villages and historic centres;
Amendment 438 #
2021/2255(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Supports the possible creation of an NEB label based on clear criteria applied in an inclusive and effective way in order to recognise projects and products for achieving key NEB goals and help them get access to funding; calls on the Commission to ensure that EU funding schemes create incentives to apply for the label; calls for market uptake of the label to be explorea careful exploration, including presentation of the figures to all stakeholders, of the scenarios to which uptake of the label in the different markets inside and outside the Union could lead;
Amendment 453 #
2021/2255(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Highlights that the NEB shcould embracealso draw on the potential of the CCSI, particularly small and medium-sized cultural enterprises, including cultural creators, as drivepossible contributors tof economic growth and innovative, high- quality services and products;
Amendment 470 #
2021/2255(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Calls for the future NEB lab to make innovative recommendationsissue effective and efficient guidance, to collaborate with other institutions, national and regional governments, with local bodies and stakeholders and to establish clear operating and reporting rules in line with the initiative and rules on possible responses if projects are not in line with the comprehensive sustainability principles laid down;
Amendment 483 #
2021/2255(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Calls on the Commission to create a publicly accessible database of NEB projects, that is regularly updated, with clear data demonstrating the impact of the initiatives on the regions, to make the results of the initiative more visible and to further develop the NEB based on best practices;
Amendment 490 #
2021/2255(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
26. Calls for the communication efforts of the NEB to be enhanced in order to stimulate EU citizens’ knowledge of and interest provide opportunities to EU citizens and businesses concerning the initiative, in particular through participatory public and private-sector outreach activities and a platform providing information, best practices and educationaltraining content;
Amendment 65 #
2021/2185(INI)
Draft opinion
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Calls on the Commission to take account of the impact on jobs in Europe and on prices for consumers in the procedures to assess the different options put forward by DG Competition to companies looking to merge.
Amendment 67 #
2021/2185(INI)
Draft opinion
Paragraph 8 b (new)
Paragraph 8 b (new)
8b. Calls on the Commission to adapt competition rules and ensure their enforcement in the digital sector to allow for the emergence of European giants capable of competing in global markets and offering European consumers competitive, safe and sovereign digital solutions that keep their data in Europe.
Amendment 69 #
2021/2185(INI)
Draft opinion
Paragraph 8 c (new)
Paragraph 8 c (new)
8c. Calls on the Commission to amend the rules to introduce a quota for European production in the digital sector to restore competitive market structures and respond to consumer demand.
Amendment 75 #
2021/2185(INI)
Draft opinion
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Calls for a quota or European preference to be introduced for local or European production in public procurement in the digital sector in Europe.
Amendment 15 #
2021/2181(INI)
Draft opinion
Recital C a (new)
Recital C a (new)
Amendment 75 #
2021/2181(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Condemns the practice of surrogacy, which undermines the human dignity of women by exploiting their bodies and reproductive functions and reducing the human person to a commodity; calls for greater guarantees for women's rights, particularly those of vulnerable women in developing countries; believes that the practice of gestation for others should be addressed through international legislative instruments for the protection of human rights;
Amendment 46 #
2021/2080(INI)
Motion for a resolution
Recital D a (new)
Recital D a (new)
Da. whereas, since there is no unambiguous official definition, at EU level, of female entrepreneurship, many businesses run by women are at a disadvantage when it comes to accessing bonuses, incentives and tax relief, or are even unable to do so, thus losing out on attractive funding opportunities;
Amendment 68 #
2021/2080(INI)
Motion for a resolution
Recital J
Recital J
J. whereas there are challenges in effectively measuring entrepreneurship in the EU; whereas this is due in part to the current lack of an unambiguous classification that allows companies run by women to be clearly identified;
Amendment 163 #
2021/2080(INI)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. Calls on the Commission to clearly define the concept of female entrepreneurship with a view to simplifying access to finance and other forms of support by removing bureaucratic hurdles, hence ensuring equality between men and women when it comes to the accessing of capital by self- employed workers and SMEs.
Amendment 187 #
2021/2080(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Highlights the importance of work- life balance for women entrepreneurs and self-employed; calls on the Commission to provide for the implementation of instruments and policies to safeguard maternity and prevent this from being an obstacle to participation by women in business activities; calls on Member States to support social frameworks, such as flexible childcare, that are essential to encouraging more women to take part in entrepreneurship; welcomes actions already taken by Member States on this matter; recognises national differences in social policy and respect for subsidiarity;
Amendment 9 #
2021/2046(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Stresses the need for effective, efficient, sustainable and ambitious policies to reduce emissions and transport’s reliance on fossil fuels without delay; as soon as possible; is of the view that in order to achieve the objective of eliminating dependence on fossil fuels in the long term, a step-by-step programme of intermediate targets should be set, based on the principle of technology neutrality, and that new technologies should be assessed by means of an inclusive life- cycle assessment;
Amendment 15 #
2021/2046(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Takes the view that when deciding on smart and sustainable mobility, due consideration should be given to the competitiveness of the European industrial sector involved in mobility and the protection of jobs and of the know- how developed by the various industries;
Amendment 19 #
2021/2046(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Believes that the challenges ahead are also an opportunity for themain motive for the challenges ahead is Union industrial leadership also in clean technologies such as batteries or, hydrogen, advanced fuels, natural gas for traction, as well as in the related industrial ecosystems; welcomes the new European partnerships under Horizon Europe related to mobilityplaces great emphasis on a goal that must never be secondary, namely that of providing all EU citizens with mobility solutions that are affordable for all, that are geared towards the inclusion of all social groups and that do not in any way increase the differences in opportunities between more affluent people and those having greater financial difficulties; welcomes the new European partnerships under Horizon Europe related to mobility, in order to achieve technological sovereignty and have constant control over innovation in this area;
Amendment 27 #
2021/2046(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Is of the view that the adoption of new technological choices related to mobility should be an incentive for European businesses, and should not expose the EU to dangerous imports and technological dependence on third parties, thus limiting the EU's strategic autonomy;
Amendment 29 #
2021/2046(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Stresses that a mobility system based on EU-wide digitalisation, data sharing and interoperable standards has the potential to make transport smarter and cleaner; believes it is essential to maintain the structural components of transport infrastructure before pushing ahead with the supercharged digitisalisation of that infrastructure; considers it necessary, first of all, to greatly speed up the development of a super-fast internet network (5G and 6G) that is widespread and stable throughout Europe in order to have a mobility system that is truly digital and secure;
Amendment 54 #
2021/2046(INI)
4. Calls for a holistic approach based on technological neutrality to increase the share of renewable energy in the transport sector, where the further development and, deployment of electricand cost-efficiency of electric and fuel cell vehicles should play a keyn enabling role;
Amendment 60 #
2021/2046(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Calls on Member States to implement the Clean Energy Packagemonitor the state of the art of the Clean Energy Package and implement it, where necessary, in order to facilitate the production and management of the increased renewable electricity neethat is important in ordedr to decarbonismake the transport sector more sustainable;
Amendment 69 #
2021/2046(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Calls for measures to unlock the potential of the energy efficiency first principle by boosting opportunities from digitalisation and electrifnew mobility solutions; calls for life-cycle assessment (LCA) of products to be taken into account in all sustainable mobility applications;
Amendment 86 #
2021/2046(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Calls on the Commission to conduct a comprehensive assessment of the possibilities for advanced biofuels and synthetic fuels and their associated infrastructure development in the EU, such as options for the greater uptake of sustainable alternative fuels, in particular in the aviation and maritimeall mobility sectors, as part of the review of RED II;
Amendment 88 #
2021/2046(INI)
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Calls on the Commission to give due consideration to the world of natural gas (LPG and methane) for mobility traction purposes as a ready, effective and economically viable energy source that is suitable for completing the transition to environmentally sustainable energy sources; wishes to encourage the development of even more efficient and sustainable solutions for producing and using natural gas for traction purposes; calls for the continuation and, where necessary, implementation, of forms of economic and fiscal support for sustainable natural gas fuels;
Amendment 94 #
2021/2046(INI)
Draft opinion
Paragraph 8
Paragraph 8
8. Calls for increased efforts to achieve a EU-wide roll-out of charging infrastructure and the adoption of harmonised standards to ensure interoperability.; calls for the EU-wide development of a commercial distribution network for hydrogen for traction purposes that is widespread and safe and for the adoption of harmonised standards to ensure interoperability; considers it vital to support the improvement of the natural gas distribution network for traction purposes;
Amendment 104 #
2021/2046(INI)
Draft opinion
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Suggests - while waiting for technologies such as electricity and hydrogen to mature - that the adoption of already existing solutions and use of available industries be supported, since these nevertheless tend to lower emissions, especially in sectors having the most impact, such as maritime transport;
Amendment 107 #
2021/2046(INI)
Draft opinion
Paragraph 8 b (new)
Paragraph 8 b (new)
8b. Is of the view that, in order to quantify the real impact of new smart and sustainable mobility solutions, certain choices cannot be prioritised without first having carried out a full life-cycle assessment of the technologies themselves, their impact and, above all, their emissions and how they are to be disposed of, where necessary.
Amendment 17 #
2021/2043(INI)
Motion for a resolution
Recital C
Recital C
C. whereas many barriers affecting the single market derive from incorrect or incomplete application of EU legislation; whereas the effective implementation of existing EU legislation and abolition of barriers depends on both the Commission and Member States;
Amendment 22 #
2021/2043(INI)
Motion for a resolution
Recital C a (new)
Recital C a (new)
C a. whereas continuously evolving regulatory intervention at EU level might also adversely affect the single market, creating barriers such as high compliance costs in the business environment, especially for SMEs, and legal uncertainty for individual consumers as well;
Amendment 59 #
2021/2043(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Underlines that the single market remains the European Union’s greatest achievement; urges the Commission, therefore, to simplify the application of the current EU regulatory framework as well as refocus resources at issues plaguing the single market, in particular non-tariff barriers (NTBs), which continue to limit opportunities for consumers and businesses;
Amendment 64 #
2021/2043(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. Regrets that in some cases EU regulations have increased social dumping and unfair competition within the single market instead of reducing them, thereby also discriminating against those companies and Member States that produce with very high social and environmental standards;
Amendment 76 #
2021/2043(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. States that the prerogative of Member States to regulate certain areas of public interest must remain unaffected, specifically in cases of multilevel governance where regions have implementing powers;
Amendment 108 #
2021/2043(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7 a. Regrets that some of the identified restrictions under the Services Directive come as a result of the legal uncertainty it has triggered since its entry into force with regard to its scope, in particular for SMEs in the tourism sector;
Amendment 117 #
2021/2043(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Recognises the insufficient use of the notification procedure under the Services Directive; calls on the Commission to reflect on improving this framework, possibly by means of a new initiative which would increase clarity and transparency on the measures that need to be notified, while remaining cautious in order to not undermine the Services Directive and avoiding the situation which led to the withdrawal of the previous proposal;
Amendment 125 #
2021/2043(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10 a. Underlines that provisions aimed at safeguarding consumers safety, working conditions and the environment as well as preserving the regional cultural heritage shall not be considered as barriers to the free movement of goods and services;
Amendment 135 #
2021/2043(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Considers that mutual recognition of professional qualification is seriously affected by administrative barriers imposed by Member States; observes in this regard that the Commission is not reacting to unfair competition, both offline and online, which affects those sectors where Member States do not impose harmonised standards;
Amendment 164 #
2021/2043(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Stresses that the international road haulage sector is subject to a number of NTBs restricting access to national markets, which limit its competitiveness, discriminate against transport companies from certain Member States and increase emissions; calls on the Commission and Member States to abolish unnecessary restrictions on cabotage, and calls for the opento boost the realisation of the ongoing projects in the Alpine (EUSALP) macro- region, such as the Brenner tunnel; calls on the Member States not to apply, and to remove, if already in place, any additional restrictions or limitations on road haulage transport within the affected regions, during of the freight and passenger transport services sector within the EUtransitional period or afterwards due to consequences of increased freight traffic and transit;
Amendment 189 #
2021/2043(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Calls on the Commission and the Member States to consistently, speedily and rigorously assess whether EU and national rules hinder the internal market, and where they do, to assess if they are necessary, proportional and justified;
Amendment 194 #
2021/2043(INI)
Motion for a resolution
Paragraph 22 a (new)
Paragraph 22 a (new)
22 a. Observes that the incorrect enforcement of single market rules comes also as a result of obstacles encountered by Member States in transposing EU legislation on certain production sectors;
Amendment 12 #
2021/2040(INI)
Motion for a resolution
Recital D a (new)
Recital D a (new)
D a. whereas the vulnerability of consumers to whom such products are addressed and the health risk to them in the event of exposure to unsafe or counterfeit products;
Amendment 13 #
2021/2040(INI)
D b. whereas e-commerce increases consumer choice but exposes them to health risks when purchasing unsafe or counterfeit products;
Amendment 53 #
2021/2040(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Underlines that lower limit values for chemicals such as nitrosamines and nitrosatable substances set out at national level compared to those established in the TSD create inconsistencies, even when justified by the Commission; notes, however, that all EU children should enjoy the same high level of protection, in particular children with disabilities; acknowledges that this limit value cannot be amended by an implementing act but would require a legislative procedure; calls on the Commission, therefore, to adapt the limit value to the strictest value in force at national level in a revision of the TSD;
Amendment 86 #
2021/2040(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13 a. Calls on market surveillance authorities to strictly apply Article 19 (EU) 2019/1020 when dealing with toys, given the vulnerability of children to defective, unsafe or counterfeit products;
Amendment 116 #
2021/2040(INI)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17 a. Highlights the importance of safeguarding children´s privacy when using connected toys and calls for data generated by such toys to be fully under parental control;
Amendment 150 #
2021/2040(INI)
Motion for a resolution
Paragraph 25 a (new)
Paragraph 25 a (new)
Amendment 6 #
2021/2035(INL)
Motion for a resolution
Citation 5 a (new)
Citation 5 a (new)
– having regard to Directive 2012/29/EU of the European Parliament and of the Council of 25 October 2012 establishing minimum standards on the rights, support and protection of victims of crime, and replacing Council Framework Decision 2001/220/JHA1a, _________________ 1a OJ L 315, 14.11.2012, p. 57–73
Amendment 24 #
2021/2035(INL)
Motion for a resolution
Citation 13 a (new)
Citation 13 a (new)
– having regard to its resolution of 8 October 2013 on Gendercide: the missing women? 1a _________________ 1aOJ C181, 19.5.2016, p. 21–28
Amendment 56 #
2021/2035(INL)
Motion for a resolution
Recital B
Recital B
B. whereas, pursuant to the third subparagraph of Article 83(1) of the Treaty on the Functioning of the European Union (TFEU) on the basis of developments in crime, the Council may adopt a decision identifying other areas of crime that meet the criteria specified in that paragraphparticularly serious crime with a cross-border dimension resulting from the nature or impact of such offences or from a special need to combat them on a common basis;
Amendment 72 #
2021/2035(INL)
Motion for a resolution
Recital C
Recital C
C. whereas gender-based violence is violence directed against womea person because they are women and it affects women disproportionately; whereas LGBTI persons are also victims of gender-based violence because of their gender, gender identity, gender expression and sex characteristics; whereas gender-based violence is rooted in gender stereotypes, patriarchal structures and power asymmetries;of their gender; whereas both women and men experience gender-based violence but the majority of victims are women and girls1a; _________________ 1aAccording to the definition provided by the European Institute for Gender Equality
Amendment 90 #
2021/2035(INL)
Motion for a resolution
Recital D a (new)
Recital D a (new)
Da. whereas putting women at the crossroads between their possible desire to start a family and their career ambitions also constitutes a form of gender-based violence;
Amendment 133 #
2021/2035(INL)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Condemns all forms of violence against all human beings, with particular attention to women and girls and other forms of gender-based violence, such as violence against LGBTI persons, and deplores the fact that women and girls continue to be exposed to psychological, physical, sexual and economic violence, including sexual exploitation, surrogate motherhood and trafficking in human beings, both online and offline;
Amendment 155 #
2021/2035(INL)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Stresses that violence against women and other forms of gender-based violence are the result of the unequal distribution of power, patriarchal structures, and gender stereotypes, that have led to domination over and discrimination against women by men; underlines that this situation is aggravated bycultural, economic and legal factors, as lack of education, hypersexualization of young people, lack of economic autonomy and high women unemployment rates resulting in social and economic inequalities;
Amendment 205 #
2021/2035(INL)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Highlights that pro-family, pro- women and pro-life organizations should be protected from political attacks identifying them as anti-gender and anti- women; and that gender-based violence should never be used to threaten fundamental freedoms as the ones of speech and thought;
Amendment 217 #
2021/2035(INL)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Insists on actions to prevent gender- based violence by addressing the underlying causes, including counteracting sexism, gender stereotypes and patriarchal values; underlines the need for gender equality to have a central place in education and the need for; underlines the need for gender equality awareness- raising campaigns;
Amendment 223 #
2021/2035(INL)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Underlines that gender-based violence may not be addressed by antagonizing men and women, but rather by promoting their complementarity and the alliance between men and women;
Amendment 342 #
2021/2035(INL)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Stresses that the special need to combat violence against women and girls and other forms of gender-based violence on a common basis also results from the need to establish minimum rules concerning the definition of criminal offences and sanctions; Highlights the role of Directive 2012/29/EU of the European Parliament and of the Council of 25 October 2012 establishing minimum standards on the rights, support and protection of victims of crime, and replacing Council Framework Decision 2001/220/JHA (Victims' Rights Directive) in combatting violence against women and girls and other forms of gender-based violence;
Amendment 384 #
2021/2035(INL)
Motion for a resolution
Annex I – Recital 5
Annex I – Recital 5
(5) Gender-based violence is violence directed against womea person because of they are women and it affects women disproportionately. LGBTI persons are also victims of gender-based violence because of their gender, gender identity, gender expression and sex characteristicir gender. Both women and men experience gender-based violence but the majority of victims are women and girls. Gender- based -violence is rooted in gender stereotypes, patriarchal structures and power asymmetrcultural, economic and legal factors, as lack of education, hypersexualization of young people, lack of economic autonomy and high women unemployment rates resulting in social and economic inequalities.
Amendment 392 #
2021/2035(INL)
Motion for a resolution
Annex I – Recital 8
Annex I – Recital 8
(8) Gender-based violence is a serious crime and a widespread violation of fundamental rights in the Union which needs to be addressed with greater efficiency and determined on a common basiby Member states and by the EU according to its competencies.
Amendment 397 #
2021/2035(INL)
(10) The special need to combat violence against women and girls and other forms of gender-based violence on a common basis also results from the need toshould be addressed by implementing Directive 2012/29/EU of the European Parliament and of the Council of 25 October 2012 establishing minimum standards on the rights, support and protection of victims of crime, and replacing Council Framework Decision 2001/220/JHA (Victims' Rights Directive), which establishes minimum rulestandards concerning the definition of criminal offences and san the rights, support and protection of victims of crime and ensures that persons who have fallen victim to crime are recognised and treated with respect, and that they must also receive proper protections, as well assupport and access to justice. Particular attention should be provided to the key issues of prevention, under-reporting, victim protection, support and reparation, and the prosecution of perpetrators, where the approaches and level of commitment of Member States vary significantly.
Amendment 13 #
2021/2011(INI)
Motion for a resolution
Citation 29 a (new)
Citation 29 a (new)
Amendment 16 #
2021/2011(INI)
Motion for a resolution
Recital A
Recital A
A. whereas critical raw materials (CRMs) are the originators of industrial value creation and therefore essentially affect downstream sectors; whereas it is of highstrategic importance that the EU takes back control of its flows, value, and supply chains, and supports, fosters and digitalises ecosystems since this is the new core capacity in international (industrial) competition;
Amendment 24 #
2021/2011(INI)
Motion for a resolution
Recital B
Recital B
B. whereas the growing population and the transition towards digital, highly energy-efficient and climate-neutral economies lead in all scenarios to a significant higher demand for CRMs6 ; whereas the shortages in CRMs are leading to increasing industrial and security concerns; _________________ 6World Bank, Commission Foresight Study, OECD.
Amendment 44 #
2021/2011(INI)
Motion for a resolution
Recital D
Recital D
D. whereas it is evident that new and sustainable sourcing is required and that thee EU’s and its neighbourhood’s potential of sourcing at high sustainable standards by the EU and its neighbourhood should be fully and quickly exploited, together with recycling and researching for alternatives to CRMs;
Amendment 50 #
2021/2011(INI)
Motion for a resolution
Recital D a (new)
Recital D a (new)
Da. Whereas one of the great challenges concerning CRMs in Europe is recycling, and its development should be coupled with more sustainable techniques of sourcing and extraction;
Amendment 59 #
2021/2011(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Considers that waste collection and product design are ‘low hanging fruit’an integrated approach along the value chain, from product design to material recovery is the appropriate strategiesy to increase CRM supply; notes that CRM substitution, while having its limits in product efficiency, is an inherent goal of industry and research because of high prices and dependency; CRM substitution should be supported by subsidies during the take-off of higher- cost products containing substituted materials;
Amendment 72 #
2021/2011(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
Amendment 76 #
2021/2011(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Warns that Europe’s transition to climate neutralitydecarbonized and circular continent should not replace reliance on fossil fuels with reliance on raw materials;
Amendment 85 #
2021/2011(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Calls on the Commission to carefully review the criticality assessment methodology before 2023, ahead of the publication of the next list of CRMs; calls to a comprehensive debate involving industries and other concerned stakeholders, also taking into consideration the development of the international situation related with the CRMs;
Amendment 98 #
2021/2011(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Is concerned that recovery plans do not sufficiently tackle the challenges linked to CRM supply; calls therefore for investing more in recycling, also establishing a specific fund to support the development of more efficient and cost- effective recycling techniques;
Amendment 108 #
2021/2011(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Calls on the Commission and the Member States to create an Important Project of Common European Interest (IPCEI) on CRMs, covering all the topics to reduce criticality and dependence: mining, reuse, recycling, substitution, etc;
Amendment 122 #
2021/2011(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Welcomes the creation of the European Raw Materials Alliance (ERMA) and its current focus on the most critical CRMs, namely rare earth elements, and magnets, s well as materials for energy storage and conversionsince the market conditions are completely distorted and monopolised by China, and on quantitative domestic and non-Chinese sourcing targets to support long-term supply relationships for a huge range of small and large manufacturers in the EU; underlines its role as the world’s largest ‘certification process’ for environmentally assessed and feasible CRM projects;
Amendment 134 #
2021/2011(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Stresses the need for closer partnerships between CRM actors and downstream users and the common awareness and commitment to sustainable and circular value chains;
Amendment 137 #
2021/2011(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Asks the Commission to diversify supply chains for both primary and secondary sources and support the secondary one with subsidies for a limited range of time;
Amendment 141 #
2021/2011(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12a. Recalls that in the short time it is essential to develop and strengthen partnerships and agreements regarding CRM production in several countries outside the EU, especially in cooperation with other EU allies and likeminded international partners;
Amendment 145 #
2021/2011(INI)
Motion for a resolution
Paragraph 12 b (new)
Paragraph 12 b (new)
12b. Asks the Commission to consider a priority to support a circular economy approach along the value chain, from design to material recovery, of the key technologies for the energy, digital and mobility transition such as wind plants, PV plants, batteries, electric mobility, smart grids, etc
Amendment 157 #
2021/2011(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Welcomes the proposal to map the potential supply of secondary CRMs from EU stocks and waste; encourages the Commission to make this mapping exercise a priority and carry it out earlier than envisaged; stresses the needs to encourage collaborative instruments for CRM market such as RM European platform and to extend it also to circulating product fluxes and their trends, in order to evaluate the potentially recyclable secondary materials;
Amendment 168 #
2021/2011(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Notes that industrial CRM recycling processes still need massive investment in the collection, sorting, pre- processing and recovery infrastructure, in innovation, research, and scaling of technologies, and in skills, while providing job opportunities;
Amendment 171 #
2021/2011(INI)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15a. Highlights the need to implement dedicated measures that do incentive the use and market of secondary raw materials, in order to mitigate the global market instability;
Amendment 176 #
2021/2011(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Calls on the Commission to step up efforts to ensure theand Member States to enhance efforts for proper collection and recycling of end-of- life -products with CRMs instead of having them stockpiledstockpiling them in households or discarded by landfill disposaing them into landfill or incineration;
Amendment 182 #
2021/2011(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Notes that while smart product design, the reuse of materials, recycled sources and substitution can significantly reduce primary demand, responsible and sustainable sourcing (including mining and extraction) is needed when supply cannot be met;
Amendment 197 #
2021/2011(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Highlights that primary and secondary sourcing in the EU is subject to the highest environmental and social standards worldwide, provides thousands of highly qualified jobs and is an indispensable prerequisite of the green and digital transition; calls therefore on all actors to help build public acceptance for responsible CRM sourcing projects in the EU;
Amendment 207 #
2021/2011(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Underlines the importance of maintaining and further developing expertise and skills in mining and processing technologies in the EU; calls for the development of new and innovative technologies in the field of sustainable mining and extraction of CRM in the EU;
Amendment 232 #
2021/2011(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Urges the Commission to systematically and strategically build new CRM partnerships, where possible, in cooperation with our allies, and make this endeavour a horizontal task of its external and internal policies and to present the results in 2021;
Amendment 237 #
2021/2011(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Welcomes the EU’s commitment to responsible and sustainable sourcing; stresses the need to underpin this commitment with concrete technical support, institution building and political dialogue with partner countries; stresses the need of homogeneous policies related to ethical standard for CRM sourcing; stresses the need to mobilise more state and private actors to also subscribe to and implement sustainability standards;
Amendment 12 #
2021/2006(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Welcomes the EU strategy to reduce methane emissions; supportconsiders a clear pathway and framework to address methane emissions in a more comprehensive fashionprogressive way across Europe, by fostering synergies between sectors to strengthen the business case for capturing methane emissions;
Amendment 71 #
2021/2006(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Welcomes the preparation of legislation for the energy sector with binding rules on monitoring, reporting and verification (MRV) and leak detection and repair, and the consideration of rules on routine venting and flaring;
Amendment 102 #
2021/2006(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Believes that research, development and innovation and the implementation of fit-for-purpose technologies and practices to improve MRV and mitigate methane emissions are at the backbone of effective action; supports the mobilisation of funding from Horizon Europe, including for establishing an international methane emissions observatory;.
Amendment 106 #
2021/2006(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Calls on the Commission to find proper resources to establishing an international methane emissions observatory that does not affect the funds of Horizon Europe.
Amendment 115 #
2021/2006(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Calls for a thorough assessment of the cost efficiency of the actions proposed in the energy sector, which should consider local conditions and the specific aspects of the variousmost involved and affected parts of the value chain and provide flexibility to the industry for their and graduality to the industry, especially for small and medium enterprises, for their progressive implementation;
Amendment 126 #
2021/2006(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Calls on the Commission to consider a target on renewable and decarbonised gases for 2030, as this would facilitate the development of biomethane and ensure the deployment of the most cost-efficient solutions, in a progressive timeline, across the Member States.
Amendment 294 #
2021/0426(COD)
Proposal for a directive
Recital 3
Recital 3
(3) As announced in the Green Deal, the Commission presented its Renovation Wave strategy on 14 October 202030. The strategy contains an action plan with concrete regulatory, financing and enabling measures, with the objective to at least double the annual energy renovation rate of buildings by 2030 and to foster deep renovations. The revision of the Energy Performance of Buildings Directive is necessary as one of the vehicles to deliver on the Renovation Wave. It will also contribute to delivering on the New European Bauhaus initiative and the European mission on climate-neutral and smart cities. The revision of the legislation should also protect, support and revive the production chain involved in the building sector, particularly at this difficult time and during this crisis. _________________ 30 A Renovation Wave for Europe - greening our buildings, creating jobs, improving lives, COM/2020/662 final.
Amendment 317 #
2021/0426(COD)
Proposal for a directive
Recital 11
Recital 11
(11) Measures to improve further the energy performance of buildings should take into account the particular characteristics of historical and artistic heritage, climatic conditions, including adaptation to climate change, local conditions as well as indoor climate environment and cost-effectiveness. Those measures should not affect other requirements concerning buildings such as accessibility , architectural barriers, fire safety and seismic safety and the intended use of the building.
Amendment 332 #
2021/0426(COD)
Proposal for a directive
Recital 14
Recital 14
(14) Two-thirds of the energy used for heating and cooling of buildings still comes from fossil fuels. In order to decarbonise the building sector, it is of particular importance to phase out fossil fuel in heating and cooling. Therefore, Member States should indicate their national policies and measures to phase out fossil fuels in heating and cooling in their building renovation plans, and no financial incentives should be given for the installation of fossil fuel boilers under the next Multiannual Financial Framework as of 2027, with the exception of those selected for investment, before 2027, under the European Regional Development Fund and on the Cohesion Fund. A clear legal basis for the ban of heat generators based on their greenhouse gas emissions or the type of fuel used should support national phase- out policies and measurespplying a technological neutrality criterion and protecting operators in the sector.
Amendment 351 #
2021/0426(COD)
Proposal for a directive
Recital 19
Recital 19
(19) The enhanced climate and energy ambition of the Union requires a new vision for buildings: the zero-emission building, the very low energy demand of which is fully covered by energy from renewable sources where technically feasible. All new buildings should be zero- emission buildings, and all existing buildings should be transformed into zero- emission buildings by 2050.
Amendment 362 #
2021/0426(COD)
Proposal for a directive
Recital 21
Recital 21
(21) The necessary decarbonisation of the Union building stock requires energy renovation at a large scale: almost 75% of that building stock is inefficient according to current building standards, and 85-95% of the buildings that exist today will still be standing in 2050. However, the weighted annual energy renovation rate is persistently low at around 1%. At the current pace, the decarbonisation of the building sector would require centuries. Triggering and supporting building renovation, including a shift towards emission-free heating systems, is therefore a key goal of this Directive, and to achieve this, the views of companies involved in the sector and property owners shall be duly taken into account.
Amendment 364 #
2021/0426(COD)
Proposal for a directive
Recital 22
Recital 22
Amendment 366 #
2021/0426(COD)
Proposal for a directive
Recital 23
Recital 23
Amendment 368 #
2021/0426(COD)
Proposal for a directive
Recital 24
Recital 24
Amendment 374 #
2021/0426(COD)
Proposal for a directive
Recital 25
Recital 25
Amendment 377 #
2021/0426(COD)
Proposal for a directive
Recital 26
Recital 26
(26) The EU Taxonomy classifies environmentally sustainable economic activities across the economy, including for the building sector. Under the EU Taxonomy Climate Delegated Act, building renovation is considered a sustainable activity where it achieves at least 30% energy savings, complies with minimum energy performance requirements for major renovation of existing buildings, or consists of individual measures related to the energy performance of buildings, such as the installation, maintenance or repair of energy efficiency equipment or of instruments and devices for measuring, regulating and controlling the energy performance of buildings, where such individual measures comply with the criteria set out. Building renovation to comply with Union-wide minimum energy performance standards is typically in line with the EU Taxonomy criteria related to building renovation activities.
Amendment 378 #
2021/0426(COD)
Proposal for a directive
Recital 26 a (new)
Recital 26 a (new)
(26 a) The minimum energy performance standards in Article 9(1) must be aligned with the operability of the EU Taxonomy and the Technical Screening Criteria for construction and real estate enshrined in European Commission Delegated Regulation (EU) No 2021/2139. When renovations fulfilling the EPBD requirements result in a 30% reduction in primary energy demand, the entire building and thus the entire loan for its acquisition and ownership should be considered EU Taxonomy compliant.
Amendment 379 #
2021/0426(COD)
Proposal for a directive
Recital 27
Recital 27
Amendment 382 #
2021/0426(COD)
Proposal for a directive
Recital 28
Recital 28
Amendment 403 #
2021/0426(COD)
Proposal for a directive
Recital 34
Recital 34
(34) In order to foster deep renovation, which is one of the goals of the Renovation Wave strategy, Member States should give enhanced financial and administrative support to deep renovation, by adopting reliable, stable, predictable legal instruments and applying the criterion of technological neutrality.
Amendment 413 #
2021/0426(COD)
Proposal for a directive
Recital 36
Recital 36
(36) Electric vehicles are expected to play a crucialmay also play a role in the decarbonisation and efficiency of the electricity system, namely through the provision of flexibility, balancing and storage services, especially through aggregation. This potential of electric vehicles to integrate with the electricity system and contribute to system efficiency and further absorption of renewable electricity should be fully exploited. Charging in relation to buildings is particularly important, since this is where electric vehicles park regularly and for long periods of time. Slow charging is economical and the installation of recharging points in private spaces can provide energy storage to the related building and integration of smart charging services and system integration services in general.
Amendment 415 #
2021/0426(COD)
Proposal for a directive
Recital 37
Recital 37
(37) Combined with an increased share of renewable electricity production, electric vehicles produce fewer greenElectric vehicles, like low- emission vehicles and thouse gas emissions. Electric vehiclesrunning on sustainable fuels, constitute an important component of a clean energy transition based on energy efficiency measures, alternative fuels, renewable energy and innovative solutions for the management of energy flexibility. Building codes can be effectively used to introduce targeted requirements to support the deployment of recharging infrastructure in car parks of residential and non-residential buildings. Member States should remove barriers such as split incentives and administrative complications which individual owners encounter when trying to install a recharging point on their parking space.
Amendment 420 #
2021/0426(COD)
Proposal for a directive
Recital 40
Recital 40
(40) Promoting green mobilitysustainable mobility, particularly if based on a technological neutrality criterion, is a key part of the European Green Deal and buildings can play an important role in providing the necessary infrastructure, not only for recharging of electric vehicles but also for bicycles. A shift to soft mobility such as cycling can significantly reduce greenhouse gas emissions from transport, where climate conditions and the terrain allow. As set out in the 2030 Climate Target Plan, increasing the modal shares of clean and efficient private and public transport, such as cycling, will drastically lower pollution from transport and bring major benefits to individual citizens and communities. The lack of bike parking spaces is a major barrier to the uptake of cycling, both in residential and non- residential buildings. Building codes can effectively support the transition to cleaner mobility by establishing requirements for a minimum number of bicycle parking spaces.
Amendment 424 #
2021/0426(COD)
Proposal for a directive
Recital 41
Recital 41
(41) The agendas of the Digital Single Market and the Energy Union should be aligned and should serve common goals. The digitalisation of the energy system is quickly changing the energy landscape, from the integration of renewables to smart grids and smart-ready buildings. In order to digitalise the building sector, the Union’s connectivity targets and ambitions for the deployment of high-capacity communication networks are important for smart homes and well-connected communities. Targeted incentives should be provided to promote smart-ready systems and digital solutions in the built environment, in accordance with the individual's right to privacy. This would offer new opportunities for energy savings, by providing consumers with more accurate information about their consumption patterns, and by enabling the system operator to manage the grid more effectively.
Amendment 426 #
2021/0426(COD)
Proposal for a directive
Recital 42
Recital 42
(42) In order to facilitate a competitive and innovative market for smart building services that contributes to efficient energy use and integration of renewable energy in buildings and support investments in renovation, Member States should ensure direct access to building systems’ aggregated data by interested parties. To avoid excessive administrative costs for third parties, Member States shall facilitate the full interoperability of services and of the data exchange within the Union.
Amendment 438 #
2021/0426(COD)
Proposal for a directive
Recital 47
Recital 47
(47) Financing alone will not deliver on the renovation needs, nor will it fully sustain the recovery of the building sector. Together with financing, setting up accessible and transparent advisory tools and assistance instruments such as one- stop-shops that provide integrated energy renovation services or facilitators, as well as implementing other measures and initiatives such as those referred to in the Commission’s Smart Finance for Smart Buildings Initiative, is indispensable to provide the right enabling framework and break barriers to renovation.
Amendment 457 #
2021/0426(COD)
Proposal for a directive
Recital 56
Recital 56
(56) Installers and builders are critical for the successful implementation of this Directive. Therefore, an adequate number of installers and builders should, through training and other measures, have the appropriate level of competence for the installation and integration of the energy efficient and renewable energy technology required. These measures should typically be affordable for the majority of the population.
Amendment 464 #
2021/0426(COD)
Proposal for a directive
Recital 59 a (new)
Recital 59 a (new)
(59 a) The negative effects of the provisions of this Directive on housing, construction and business activities should be mitigated by ensuring that technical feasibility, cost-efficiency and proportionality are guiding principles of this Directive.
Amendment 465 #
2021/0426(COD)
Proposal for a directive
Recital 59 b (new)
Recital 59 b (new)
(59 b) The objective to promote energy efficiency and tackle energy poverty cannot go as far as to interfere with Member States competences in housing, property and rental law.
Amendment 474 #
2021/0426(COD)
Proposal for a directive
Article 1 – paragraph 2 – point d
Article 1 – paragraph 2 – point d
Amendment 477 #
2021/0426(COD)
Proposal for a directive
Article 1 – paragraph 2 – point e
Article 1 – paragraph 2 – point e
Amendment 484 #
2021/0426(COD)
Proposal for a directive
Article 1 – paragraph 2 – point k
Article 1 – paragraph 2 – point k
(k) independent control systems for energy performance certificates , renovation passports, smart readiness indicators and inspection reports.
Amendment 497 #
2021/0426(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 2
Article 2 – paragraph 1 – point 2
2. ‘zero-emission building’ means a building with a very high energy performance, as determined in accordance with Annex I, where the very low amount of energy still required is fully covered by energy from renewable sources generated on-sitepredominantly generated or stored on-site, within the neighbourhood, from a renewable energy community within the meaning of Directive (EU) 2018/2001 [amended RED] or, or renewable energy and waste heat from a district heating and cooling system, or distributed grid-based renewables, in accordance with the requirements set out in Annex III;
Amendment 523 #
2021/0426(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 3
Article 2 – paragraph 1 – point 3
3. ‘nearly zero-energy building’ means a building with a very high energy performance, as determined in accordance with Annex I , which cannot be lower than the 2023 cost-optimal level reported by Member States in accordance with Article 6(2) and where the nearly zero or very low amount of energy required is covered to a very significant extent by energy from renewable sources, including, where possible, energy from renewable sources produced on-site or nearby;
Amendment 550 #
2021/0426(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 13
Article 2 – paragraph 1 – point 13
13. ‘energy from renewable sources’ means energy from renewable non-fossil sources, namely wind, solar (solar thermal and solar photovoltaic) , and geothermal energy , ambient energy, tide, wave and other ocean energy, hydropower, biomass, landfill gas, sewage treatment plant gas, renewable fuels of non biological origins, biomethane sourced from the grid and biogas;
Amendment 554 #
2021/0426(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 18
Article 2 – paragraph 1 – point 18
Amendment 561 #
2021/0426(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 19 – introductory part
Article 2 – paragraph 1 – point 19 – introductory part
19. ‘deep renovation’ means a renovation which transforfocuses on the following essentials items: wall insulation, roof insulation, low floor insulation, airtightness, vapour permeability, treatment of thermal bridges, ventilation, and heating/cooling systems, and building or building unitautomation, which shall therefore ensure energy efficiency, healthy indoor environmental quality, a non-pathogenic environment, and the comfort of the occupants in summer and winter;
Amendment 589 #
2021/0426(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 31 – point a – point iv
Article 2 – paragraph 1 – point 31 – point a – point iv
Amendment 598 #
2021/0426(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 36
Article 2 – paragraph 1 – point 36
36. 'mortgage portfolio standards’ means voluntary mechanisms incentivising mortgage lenders to increase the median energy performance of the portfolio of buildings covered by their mortgages and to encourageaccording to which mortgage lenders define the path of their mortgage portfolios towards 2030 and 2050 with a view to supporting potential clients toin makeing their propertyies more energy-performant along the Union’s decarbonisation ambition and relevant energy targets in the area of energy consumption in buildings, relying on the definition of sustainable economic activities in the EU Taxonomy;
Amendment 628 #
2021/0426(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 49 – point a
Article 2 – paragraph 1 – point 49 – point a
(a) it can only be distributed and used within that local and district level perimeter through a dedicatedthe distribution network;
Amendment 630 #
2021/0426(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 49 – point b
Article 2 – paragraph 1 – point 49 – point b
Amendment 659 #
2021/0426(COD)
Proposal for a directive
Article 3 – paragraph 1 – introductory part
Article 3 – paragraph 1 – introductory part
1. Each Member State shall establish a national building renovation plan to ensure the renovation of the national stock of residential and non-residential buildings, both public and private, into a highly energy efficient and decarbonised building stock by 2050, with the objective to transformfacilitate the cost-effective transformation of the overall existing European buildings stock into zero- emission buildings.
Amendment 733 #
2021/0426(COD)
Proposal for a directive
Article 5 – paragraph 2
Article 5 – paragraph 2
2. Member States may decide to adapnot set the requirements referred to in paragraph 1 to buildings officially protected asor buildings which are part of a designated environment or need to be preserved because of their special architectural or historical merit, in so far as compliance with certain minimum energy performance requirements would unacceptably alter their character or appearance.
Amendment 738 #
2021/0426(COD)
Proposal for a directive
Article 5 – paragraph 3 – point d – point i (new)
Article 5 – paragraph 3 – point d – point i (new)
(i) buildings used for national security purposes:
Amendment 757 #
2021/0426(COD)
Proposal for a directive
Article 7 – paragraph 1 – point a
Article 7 – paragraph 1 – point a
(a) as of 1 January 20327, new buildings occupied or owned by public authorities; and
Amendment 769 #
2021/0426(COD)
Proposal for a directive
Article 7 – paragraph 1 – point b
Article 7 – paragraph 1 – point b
(b) as of 1 January 20305, all new buildings;
Amendment 779 #
2021/0426(COD)
Proposal for a directive
Article 7 – paragraph 2 – point a
Article 7 – paragraph 2 – point a
(a) as of 1 January 20327, for all new buildings with a useful floor area larger than 2000 square meteres; and
Amendment 781 #
2021/0426(COD)
Proposal for a directive
Article 7 – paragraph 2 – point b
Article 7 – paragraph 2 – point b
(b) as of 1 January 20305, for all new buildings.
Amendment 788 #
2021/0426(COD)
Proposal for a directive
Article 7 – paragraph 3
Article 7 – paragraph 3
Amendment 822 #
2021/0426(COD)
Proposal for a directive
Article 8 – paragraph 3
Article 8 – paragraph 3
3. Member States shall encourage, in relation to buildings undergoing major renovation, high-efficiency alternative systems, in so far as that is technically, functionally and economically feasible. Member States shall address , in relation to buildings undergoing major renovation, the issues of healthy indoor climate conditions, adaptation to climate change, fire safety, risks related to intense seismic activity , the removal of hazardous substances including asbestos and accessibility for persons with disabilities .
Amendment 842 #
2021/0426(COD)
Proposal for a directive
Article 9 – paragraph 1 – point a – point i
Article 9 – paragraph 1 – point a – point i
(i) after 1 January 20327, at least energy performance class F; and
Amendment 845 #
2021/0426(COD)
Proposal for a directive
Article 9 – paragraph 1 – point a – point ii
Article 9 – paragraph 1 – point a – point ii
(ii) after 1 January 20305, at least energy performance class E;
Amendment 865 #
2021/0426(COD)
Proposal for a directive
Article 9 – paragraph 1 – point b – point i
Article 9 – paragraph 1 – point b – point i
(i) after 1 January 20327, at least energy performance class F; and
Amendment 870 #
2021/0426(COD)
Proposal for a directive
Article 9 – paragraph 1 – point b – point ii
Article 9 – paragraph 1 – point b – point ii
(ii) after 1 January 20305, at least energy performance class E;
Amendment 892 #
2021/0426(COD)
Proposal for a directive
Article 9 – paragraph 1 – point c – point i
Article 9 – paragraph 1 – point c – point i
(i) after 1 January 20305, at least energy performance class F; and
Amendment 894 #
2021/0426(COD)
Proposal for a directive
Article 9 – paragraph 1 – point c – point ii
Article 9 – paragraph 1 – point c – point ii
(ii) after 1 January 20338, at least energy performance class E;
Amendment 912 #
2021/0426(COD)
Proposal for a directive
Article 9 – paragraph 1 – subparagraph 1
Article 9 – paragraph 1 – subparagraph 1
Amendment 917 #
2021/0426(COD)
Proposal for a directive
Article 9 – paragraph 1 – subparagraph 1 a (new)
Article 9 – paragraph 1 – subparagraph 1 a (new)
Member States may require an extension of the deadline set in this paragraph, if justified and requested to the European Commission and in accordance with the national building renovation plan referred to in Article3(1)(a), with regards to specific parts of their building stock, notably residential, owner-occupied or multi-apartmentbuildings.
Amendment 927 #
2021/0426(COD)
Proposal for a directive
Article 9 – paragraph 2 – introductory part
Article 9 – paragraph 2 – introductory part
2. In addition to the minimum energy performance standards established pursuant to paragraph 1, eEach Member State may establish minimum energy performance standards for the renovation of all other existing buildings, in particular for the worst performing stock.
Amendment 931 #
2021/0426(COD)
Proposal for a directive
Article 9 – paragraph 3 – point a
Article 9 – paragraph 3 – point a
(a) providing appropriate financial measures, in particular those targeting vulnerable, low and medium income households, people affected by energy poverty or living in social housing, in line with Article 22 of Directive (EU) .../…. [recast EED] and in order to address market barriers;
Amendment 947 #
2021/0426(COD)
Proposal for a directive
Article 9 – paragraph 3 – point e a (new)
Article 9 – paragraph 3 – point e a (new)
(e a) setting the framework to ensure that there is a sufficient workforce with the appropriate level of skills to allow for the timely implementation of the requirements.
Amendment 958 #
2021/0426(COD)
Proposal for a directive
Article 9 – paragraph 5 – point a a (new)
Article 9 – paragraph 5 – point a a (new)
(a a) buildings for which it would not be technically, functionally and economically feasible;
Amendment 965 #
2021/0426(COD)
Proposal for a directive
Article 9 – paragraph 6 a (new)
Article 9 – paragraph 6 a (new)
6 a. When building renovations fulfilling the requirements of Article 9 paragraph 1 of this Directive result in a 30% reduction in primary energy demand, the entire building and thus the entire loan for its acquisition and ownership will be considered compliant with Sections 7 of Annex I and Annex II of Commission Delegated Regulation (EU) No 2021/2139.
Amendment 969 #
2021/0426(COD)
Proposal for a directive
Article 10
Article 10
Amendment 971 #
Amendment 973 #
2021/0426(COD)
Proposal for a directive
Article 10 – paragraph 1
Article 10 – paragraph 1
1. By 31 December 2023, the Commission shall adopt delegated acts in accordance with Article 29 supplementing this Directive by establishing a common European framework for voluntary renovation passports, based on the criteria set out in paragraph 2.
Amendment 977 #
2021/0426(COD)
Proposal for a directive
Article 10 – paragraph 2
Article 10 – paragraph 2
Amendment 984 #
2021/0426(COD)
Proposal for a directive
Article 10 – paragraph 3 – introductory part
Article 10 – paragraph 3 – introductory part
3. The voluntary renovation passport shall comply with the following requirements:
Amendment 1012 #
2021/0426(COD)
Proposal for a directive
Article 11 – paragraph 1 – subparagraph 2
Article 11 – paragraph 1 – subparagraph 2
Member States may set requirements related to the greenhouse gas emissions of, or to the type of fuel used by heat generators provided that such requirements do not constitute an unjustifiable market barrier.
Amendment 1027 #
2021/0426(COD)
Amendment 1041 #
2021/0426(COD)
Proposal for a directive
Article 12 – paragraph 1 – introductory part
Article 12 – paragraph 1 – introductory part
1. With regard to new non-residential buildings and non-residential buildings undergoing major renovation, with more than fiveten parking spaces, Member States shall ensure:
Amendment 1043 #
2021/0426(COD)
Proposal for a directive
Article 12 – paragraph 1 – point a
Article 12 – paragraph 1 – point a
Amendment 1052 #
2021/0426(COD)
Proposal for a directive
Article 12 – paragraph 1 – point b
Article 12 – paragraph 1 – point b
(b) the installation of pre-cablducting for every parking space to enable the installation at a later stage of recharging points for electric vehicles; and
Amendment 1055 #
2021/0426(COD)
Proposal for a directive
Article 12 – paragraph 1 – point c
Article 12 – paragraph 1 – point c
Amendment 1065 #
2021/0426(COD)
Proposal for a directive
Article 12 – paragraph 1 – subparagraph 2
Article 12 – paragraph 1 – subparagraph 2
Amendment 1073 #
2021/0426(COD)
Proposal for a directive
Article 12 – paragraph 2
Article 12 – paragraph 2
2. With regard to all non-residential buildings with more than twenty parking spaces, Member States shall ensure the installation of at least one recharging point for every ten parking spaces, and at least one bicycle parking space for every car parking space, by 1 January 2027. In case of buildings owned or occupied by public authorities, Member States shall ensure pre-cablducting for at least one in two parking spaces by 1 January 20338. Buildings of specific artistic, historical or monumental value, according to national laws, are exempted from this obligation.
Amendment 1087 #
2021/0426(COD)
Proposal for a directive
Article 12 – paragraph 4 – introductory part
Article 12 – paragraph 4 – introductory part
4. With regard to new residential buildings and residential buildings undergoing major renovation, with more than threfive parking spaces, Member States shall ensure:
Amendment 1102 #
2021/0426(COD)
Proposal for a directive
Article 12 – paragraph 4 – point b
Article 12 – paragraph 4 – point b
Amendment 1125 #
2021/0426(COD)
Proposal for a directive
Article 12 – paragraph 8 – introductory part
Article 12 – paragraph 8 – introductory part
8. Member States shall provide for measures in order to simplify the deployment of recharging points in new and existing residential and non-residential buildings and remove regulatory barriers, including permitting and approval procedures, without prejudice to the property and tenancy law of the Member States. Member States shall remove barriers to the installation of recharging points in residential buildings with parking spaces, in particular the need to obtain consent from the landlord or co-owners for a private recharging point for own use.
Amendment 1129 #
2021/0426(COD)
Proposal for a directive
Article 12 – paragraph 8 – subparagraph 1
Article 12 – paragraph 8 – subparagraph 1
Member States shall ensure the availability of technical assistance for building owners and tenants wishing to install recharging points, including guidance on their fire safety.
Amendment 1148 #
2021/0426(COD)
Proposal for a directive
Article 14 – paragraph 1 – introductory part
Article 14 – paragraph 1 – introductory part
1. Member States shall ensure that the building owners, tenants and managers can have direct access to their own building systems’ data. At their request, the access or data shall be made available to a third party. Member States shall facilitate the full interoperability of services and of data exchange within the Union in accordance with paragraph 6.
Amendment 1158 #
2021/0426(COD)
Proposal for a directive
Article 14 – paragraph 2
Article 14 – paragraph 2
2. When laying down the rules regarding the management and exchange of data, Member States or, where a Member State has so provided, the designated competent authorities, shall specify the rules on the access to building systems data by eligible parties in accordance with this Article and the applicable Union legal framework. Particular attention to the right to privacy of individual inhabitants, owners, tenants or lessees of buildings shall be paid in the data collection and exchange procedures.
Amendment 1168 #
2021/0426(COD)
Proposal for a directive
Article 14 – paragraph 5
Article 14 – paragraph 5
5. The Commission shall adopt implementing acts detailing interoperability requirements and non- discriminatory and transparent procedures for access to the data with respect for the rights of individuals. Those implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 30(2).
Amendment 1199 #
2021/0426(COD)
Proposal for a directive
Article 15 – paragraph 6
Article 15 – paragraph 6
6. Member States shall ensure the establishment of technical assistance facilities, including through all-inclusive one-stop- shops, targeting all actors involved in building renovations, including home owners and administrative, financial and economic actors, including construction, small- and medium-sized enterprises. Member States shall ensure the functioning of at least one one-stop- shop per region across the EU. The European Commission shall work closely with the European Investment Bank, Member States, and regions to ensure the continuity of funding for one-stop-shops throughout the duration of the Renovation Wave.
Amendment 1208 #
2021/0426(COD)
Proposal for a directive
Article 15 – paragraph 7
Article 15 – paragraph 7
7. Member States shall put in place measures and financing to promote education and training to ensure that there is a sufficient workforce with the appropriate level of skills corresponding to the needs in the building sector with due regard to the gender dimension. These measures, which are essential for this process to be implemented in practice, should be supported by a stable economic assistance programme for micro and SMEs, so that they can be active players in the upcoming scenario. Member States shall prioritise the allocation of part of the European Social Fund to the upskilling of blue-collar workers in energy efficiency for the construction sector. Member States shall establish registries of their construction value-chain professionals, detailing the availability of skills and skilled professionals on the market. These registries shall be updated annually, and their data shall be publicly accessible.
Amendment 1226 #
2021/0426(COD)
Proposal for a directive
Article 15 – paragraph 10
Article 15 – paragraph 10
10. From 1 January 2027 at the latest, Member States shall not provide any financial incentives for the installation of boilers powered by fossil fuels, with the exception ofthat are not certified to run on renewable and decarbonised energy and are powered by fossil fuels, with the exception of those using renewable fuels or its blends, or those selected for investment, before 2027, in accordance with Article 7(1)(h)(i) third hyphen of Regulation (EU) 2021/1058 of the European Parliament and the Council45 on the European Regional Development Fund and on the Cohesion Fund and with Article 73 of Regulation (EU) 2021/2115 of the European Parliament and the Council46 on the CAP Strategic Plans. Boilers, to be installed in combination with renewable technologies (not ‘stand-alone’), shall always be eligible for incentives. _________________ 45 Regulation (EU) 2021/1058 of the European Parliament and of the Council of 24 June 2021 on the European Regional Development Fund and on the Cohesion Fund (OJ L 231, 30.6.2021, p. 60). 46 Regulation (EU) 2021/2115 of the European Parliament and of the Council of 2 December 2021 establishing rules on support for strategic plans to be drawn up by Member States under the common agricultural policy (CAP Strategic Plans) and financed by the European Agricultural Guarantee Fund (EAGF) and by the European Agricultural Fund for Rural Development (EAFRD) and repealing Regulations (EU) No 1305/2013 and (EU) No 1307/2013 (OJ L 435, 6.12.2021, p. 1).
Amendment 1255 #
2021/0426(COD)
Proposal for a directive
Article 15 – paragraph 13
Article 15 – paragraph 13
13. When providing financial incentives to owners of buildings or building units for the renovation of rented buildings or building units, Member States shall ensure that the financial incentives benefit both the owners and the tenants, in particular by providing rent support or by imposing caps on rent increases.
Amendment 1275 #
2021/0426(COD)
Proposal for a directive
Article 16 – paragraph 2
Article 16 – paragraph 2
2. By 31 December 2025 at the latest, the energy performance certificate shall comply with the template in Annex V. It shall specify the energy performance class of the building, on a closed scale using only letters from A to G. The letter A shall correspond to zero-emission buildings as defined in Article 2, point (2) and the letter G shall correspond to the 15% worst-performing buildings in the national building stock at the timeMember States shall ensure a common visual identity for energy performance certificates ofn the introduction of the scale. Member Statesir territory. The Commission shall enissure that the remaining classes (B to F) have an even bandwidth distribution of energy performance indicators among the energy performance classes. Member States shall ensure adetailed guidelines on energy performance certificates, including a template with common visual identity for energy perfand common logo, in accormdance certificates on their territorywith Annex V, to improve their quality and ensure the credibility and comparability of data across the Union.
Amendment 1309 #
2021/0426(COD)
Proposal for a directive
Article 16 – paragraph 10
Article 16 – paragraph 10
10. The validity of the energy performance certificate shall not exceed five years. However for buildings with an energy performance class A, B or C established pursuant to paragraph 2, the validity of the energy performance certificate shall not exceed 10ten years.
Amendment 1321 #
2021/0426(COD)
Proposal for a directive
Article 17 – paragraph 1 – point a
Article 17 – paragraph 1 – point a
(a) buildings or building units which are constructed , have undergone a major renovation, are sold or rented out to a new tenant or for which a rental contract is renewed ; and
Amendment 1330 #
2021/0426(COD)
Proposal for a directive
Article 17 – paragraph 2
Article 17 – paragraph 2
2. Member States shall require that, when buildings or building units are constructed, sold or rented out or when rental contracts are renewed , the energy performance certificate is shown to the prospective tenant or buyer and handed over to the buyer or tenant.
Amendment 1345 #
2021/0426(COD)
Proposal for a directive
Article 19 – paragraph 2
Article 19 – paragraph 2
2. The database's anonymised building stock data shall be publicly accessible, in compliance with Union and national data protection rules. Member States shall ensure access to the full energy performance certificate for building owners, tenants and managers, and to financial institutions as regards the buildings in their investment portfolio. For buildings offered for rent or sale, Member States shall ensure access to the full energy performance certificate for prospective tenants or buyers.
Amendment 1356 #
2021/0426(COD)
Proposal for a directive
Article 20 – paragraph 1
Article 20 – paragraph 1
1. Member States shall lay down the necessary measures to establish regular inspections or maintenance of heating , ventilation and air conditioning systems with an effective rated output of over 730 kW. The effective rating of the system shall be based on the sum of the rated output of the heating and air-conditioning generators.
Amendment 1375 #
2021/0426(COD)
Proposal for a directive
Article 20 – paragraph 8 – introductory part
Article 20 – paragraph 8 – introductory part
8. Member States shallmay lay down requirements to ensure that from 1 January 2025, new residential buildings and residential buildings undergoing major renovations are equipped with:
Amendment 1393 #
2021/0426(COD)
Proposal for a directive
Article 23 – paragraph 2 a (new)
Article 23 – paragraph 2 a (new)
2 a. Member States shall ensure that trained and qualified building professionals carrying out integrated renovation works are available in sufficient numbers to meet the established targets and measurable progress indicators pursuant to Article 3(1) of this Directive. To achieve such sufficient numbers of professionals, Member States shall ensure that sufficient training programmes leading to qualification or certification covering integrated works, are made available. Member States shall put in place measures to promote participation in such programmes, in particular by micro, small and medium sized enterprises.
Amendment 1401 #
2021/0426(COD)
Proposal for a directive
Article 25 – paragraph 1
Article 25 – paragraph 1
The Commission, assisted by the Committee referred to in Article 30, shall review this Directive by the end of 2027 at the latest, in the light of the experience gained and progress made during its application, and, if necessary, make proposals in order to achieve a reliable and lasting regulatory framework.
Amendment 1409 #
2021/0426(COD)
Proposal for a directive
Article 26 – paragraph 1
Article 26 – paragraph 1
1. Member States shall take the necessary measures to inform the owners or tenants of buildings or building units and all relevant market actors of the different methods and practices that serve to enhance energy performance and fire safety. In particular, Member States shall take the necessary measures to provide tailor-made information to vulnerable households.
Amendment 1529 #
2021/0426(COD)
Proposal for a directive
Annex I – point 2 – paragraph 3 a (new)
Annex I – point 2 – paragraph 3 a (new)
In the calculation of the primary energy factors for the purpose of calculating the energy performance of buildings, Member States may take into account renewable energy sources supplied through the energy carrier and renewable energy sources that are generated and used on site, provided that it applies on a non- discriminatory basis
Amendment 1548 #
2021/0426(COD)
Proposal for a directive
Annex II – table – (b) Roadmap for 2030, 2040, 2050 – column 3 – row 8 a (new)
Annex II – table – (b) Roadmap for 2030, 2040, 2050 – column 3 – row 8 a (new)
Target for expected reduction in labour shortages: - job creation, based on a gap assessment between available and needed architects / engineers / skilled workers (e.g., electrical or photovoltaic installers) - percentage of women - average age
Amendment 1556 #
Amendment 1561 #
2021/0426(COD)
Proposal for a directive
Annex III – point 1 – paragraph 3 – introductory part
Annex III – point 1 – paragraph 3 – introductory part
The total annual primary energy use of a new or renovated zero-emission building shall be fully covered to a very significant extent, on a net annual basis, by
Amendment 1562 #
2021/0426(COD)
Proposal for a directive
Annex III – point 1 – paragraph 3 – indent 1
Annex III – point 1 – paragraph 3 – indent 1
- energy from renewable sources generated on-site or from distributed grid-based renewables and fulfilling the criteria of Article 7 of Directive (EU) 2018/2001 [amended RED],
Amendment 1563 #
2021/0426(COD)
Proposal for a directive
Annex III – point 1 – paragraph 3 – indent 1
Annex III – point 1 – paragraph 3 – indent 1
- energy from renewable sources generated on-site or supplied via the grid and fulfilling the criteria of Article 7 of Directive (EU) 2018/2001 [amended RED],
Amendment 1564 #
2021/0426(COD)
Proposal for a directive
Annex III – point 1 – paragraph 5
Annex III – point 1 – paragraph 5
Amendment 105 #
2021/0425(COD)
Proposal for a directive
Recital 4
Recital 4
(4) As part of the Package “"Clean Energy for all Europeans”" proposed by the Commission on 30 November 2016, Regulation (EU) 2019/9436 and Directive (EU) 2019/9447 brought about a further step in the development of the internal market for electricity with citizens at its core and contributing to the Union’s objectives of transition to a clean energy system and reducing greenhouse gas emissions. The internal market in natural gas and biomethane should be built on those same principles and, in particular, ensure an equal level of consumer protection and citizen energy communities do not apply to the hydrogen system. _________________ 6 Regulation (EU) 2019/943 of the European Parliament and of the Council of 5 June 2019 on the internal market for electricity (OJ L 158, 14.6.2019, p. 54). 7 Directive (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 (OJ L 158, 14.6.2019, p. 125).
Amendment 126 #
2021/0425(COD)
Proposal for a directive
Recital 8
Recital 8
(8) In line with the EU Hydrogen Strategy, renewable hydrogen is expected to be deployed on a large-scale from 2030 onwards for the purpose of decarbonising certain sectors, ranging from aviation and shipping to hard-to-decarbonise industrial sectors. All final customers connected to hydrogen systems will benefit from basic consumer rights applicable to final customers connected to the natural gas system such as the right to switch supplier and accurate billing information. In those instances where customers are connected to the hydrogen network, e.g. industrial customers, they will benefit from the same consumer protection rights applicable to natural gas and biomethane customers. However, consumer provisions designed to encourage household participation on the market such as price comparison tools, active customers and citizen energy communities do not apply to the hydrogen system.
Amendment 160 #
2021/0425(COD)
Proposal for a directive
Recital 20
Recital 20
(20) Natural gas still plays a key role in energy supply, as household energy consumption from natural gas is still higher than from electricity. Although electrification is a key element of the green transition, in the future there will still be household natural gas consumption including increasing volumes of renewable gasconsumption of natural gas increasingly replaced by biomethane.
Amendment 234 #
2021/0425(COD)
Proposal for a directive
Recital 96
Recital 96
(96) Member States should take concrete measures to assist the wider use of biogas and gas from biomassmethane, the producers of which should be granted non- discriminatory access to the gas system, provided that such access is compatible with the relevant technical rules and safety standards on an ongoing basis.
Amendment 306 #
2021/0425(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 1
Article 2 – paragraph 1 – point 1
(1) ‘natural gas’ means all gases that primarily consist of methane, including biogas and gas from biomass, in particular biomethane, or other types of gas, that can technically and safely be injected into, and transported through, the natural gas system according to the technical specifications of gas quality;
Amendment 309 #
2021/0425(COD)
(1 a) ‘biomethane’ means a gaseous mixture mostly made of methane from biomass sources, including biogas as defined in Article 2(28) of Directive 2018/2001, and that meets the technical specifications of gas quality for a safe injection into and transport through the natural gas system. This also includes biomethane from landfill gas and from sewage treatment plant gas."
Amendment 313 #
2021/0425(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 1 b (new)
Article 2 – paragraph 1 – point 1 b (new)
Amendment 317 #
2021/0425(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 2
Article 2 – paragraph 1 – point 2
(2) ‘renewable gas’ means biogas as defined in Article 2, point (28) of Directive 2018/2001, including biomethane, and renewable gaseous fuels part of fuels of non-biological origins (‘RFNBOs’) as defined in Article 2, point (36) of that Directive’hydrogen of renewable origin;
Amendment 326 #
2021/0425(COD)
(3) ‘gases’ mean natural gas, biogas, biomethane, and hydrogen;
Amendment 352 #
2021/0425(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 14
Article 2 – paragraph 1 – point 14
(14) ‘natural gas undertaking’ means a natural or legal person carrying out production, transmission, distribution, supply, purchase or storage of natural gas, including LNG, and biomethane, including its liquefied form, and which is responsible for the commercial, technical or maintenance tasks related to those functions, but not including final customers;
Amendment 353 #
2021/0425(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 16
Article 2 – paragraph 1 – point 16
(16) ‘transmission’ means the transport of natural gas and biomethane through a network, which mainly contains high- pressure pipelines, other than an upstream pipeline network and other than the part of high-pressure pipelines primarily used in the context of local distribution of natural gas and biomethane, with a view to its delivery to customers, but not including supply;
Amendment 355 #
2021/0425(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 18
Article 2 – paragraph 1 – point 18
(18) ‘distribution’ means the transport of natural gas and biomethane through local or regional pipeline networks with a view to its delivery to customers, but not including supply;
Amendment 369 #
2021/0425(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 35 a (new)
Article 2 – paragraph 1 – point 35 a (new)
Amendment 395 #
2021/0425(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 71 a (new)
Article 2 – paragraph 1 – point 71 a (new)
(71 a) ‘regulated energy conversion’ means conversion of electrical energy into a form of energy which can be stored upon the payment of a regulated ‘conversion fee’ to the transmission system operator.
Amendment 400 #
2021/0425(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 71 b (new)
Article 2 – paragraph 1 – point 71 b (new)
(71 b) ‘regulated energy conversionfacility’ means a facility where regulated energy conversion occurs and whereby access to the facility is granted on a third party access basis.
Amendment 402 #
2021/0425(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 71 c (new)
Article 2 – paragraph 1 – point 71 c (new)
(71 c) ‘conversion fee’ means a regulated payment that a market user pays to the transmission system operator or to the hydrogen network operator to feed electricity into the facility and receive hydrogen in return. The transmission system operator or the hydrogen network operator owns the regulated energy conversion facility and provides an infrastructure service without engaging neither in trading nor supply of hydrogen. Access to the facilities take place on a third party access basis
Amendment 406 #
2021/0425(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 71 d (new)
Article 2 – paragraph 1 – point 71 d (new)
(71 d) ‘network related component’ means components that are integrated in the transmission system, distribution system or hydrogen network and that are used for the purpose of ensuring a secure and reliable operation of the transmission or distribution system or hydrogen system as well as for minimising whole system costs through sector coupling solutions, including Redispatching activities, as referred to in Regulation (EU) 2019/943, Article 13, where the regulatory authority has granted its approval;
Amendment 416 #
2021/0425(COD)
Proposal for a directive
Article 3 – paragraph 4
Article 3 – paragraph 4
4. Member States shall ensure that energy undertakings are subject to transparent, proportionate and non- discriminatory rules, fees and treatment, in particular with respect to connection to the network, access to wholesale markets, access to data, switching processes and billing regimes and, where applicable, licensing.
Amendment 551 #
2021/0425(COD)
Proposal for a directive
Article 13 – paragraph 2 – point b
Article 13 – paragraph 2 – point b
(b) entitled to sell self-produced renewable natural gases using the natural gas system,
Amendment 575 #
2021/0425(COD)
Proposal for a directive
Article 14 – paragraph 1 – point d
Article 14 – paragraph 1 – point d
(d) subject to fair compensation as assessed by the regulatory authority, relevant distribution system operators cooperate with citizen energy communities to facilitate transfers of renewable natural gasesgases such as biomethane, within citizen energy communities;
Amendment 602 #
2021/0425(COD)
Proposal for a directive
Article 14 – paragraph 3 – subparagraph 1
Article 14 – paragraph 3 – subparagraph 1
For the purposes of the first subparagraph, point (e), where renewable natural gases are shared, this shall be without prejudice to applicable network charges, tariffs and levies, in accordance with a transparent cost-benefit analysis of distributed energy resources developed by the competent national authority.
Amendment 642 #
2021/0425(COD)
Proposal for a directive
Article 26 – paragraph 1 a (new)
Article 26 – paragraph 1 a (new)
Member States shall ensure that grid access costs to distribution, transmission and hydrogen transport for renewable gas production do not create an economic barrier for renewable gas project developers. For this purpose, these costs shall be shared between project developers and the appropriate transmission or distribution system operators. The regulatory authority shall define the level of costs that these operators must cover and are allowed to cover. It shall set out rules to ensure that, in the case one grid connection is expected to be used for several renewable gas production facilities with different timeframe of commissioning, the costs of such grid connection is not borne only by the first renewable gas production facility connected to it.
Amendment 656 #
2021/0425(COD)
Proposal for a directive
Article 28 – paragraph 1
Article 28 – paragraph 1
1. Member States shall take the necessary measures to ensure that natural gas undertakings and eligible customers, wherever they are located, are able to obtain access to upstream pipeline networks, including facilities supplying technical services incidental to such access and network related components, in accordance with this Article, except for the parts of such networks and facilities which are used for local production operations at the site of a field where the gas is produced. The measures shall be notified to the Commission in accordance with the provisions of Article 88.
Amendment 661 #
2021/0425(COD)
Proposal for a directive
Article 31 – paragraph 1
Article 31 – paragraph 1
1. Member States shall ensure the implementation of a system of regulated third party access to hydrogen networks and network related components based on published tariffs and applied objectively and without discrimination between any hydrogen network users.
Amendment 702 #
2021/0425(COD)
Proposal for a directive
Article 38 – paragraph 2 a (new)
Article 38 – paragraph 2 a (new)
2 a. The transmission system operator and the hydrogen network operator shall address requests for connection to the transmission system or hydrogen network for renewable gas, including biomethane, with priority over requests of connection for natural gas and low-carbon
Amendment 703 #
2021/0425(COD)
Proposal for a directive
Article 38 – paragraph 2 b (new)
Article 38 – paragraph 2 b (new)
2 b. For the purpose of swift implementation of grid connection of renewable gas production, Member States shall ensure: (a) that the transmission system operator and the hydrogen network operator comply with time limits to assess the requests for injection of renewable gases, make an offer and implement the connection, with monitoring of the national regulatory authority in line with Article 72(t). (b) that permitting procedures for the implementation of the connection are not hampered by lack of administrative capacity and that do not create a hurdle to the achievement of the national renewable energy target.
Amendment 719 #
2021/0425(COD)
Proposal for a directive
Article 41 – paragraph 1 a (new)
Article 41 – paragraph 1 a (new)
The distribution system operator shall address requests for connection to the distribution system for renewable gas, including biomethane, with priority over requests of connection for natural gas and low-carbon gas as defined in Article 2 of this Directive.
Amendment 720 #
2021/0425(COD)
Proposal for a directive
Article 41 – paragraph 1 b (new)
Article 41 – paragraph 1 b (new)
For the purpose of swift implementation of grid connection of renewable gas production, Member States shall ensure: (a) that the distribution system operator comply with time limits to assess the requests for injection of renewable gases, make an offer and implement the connection, with monitoring of the national regulatory authority in line with Article 72(t). (b) that permitting procedures for the implementation of the connection are not hampered by lack of administrative capacity and that do not create a hurdle to the achievement of the national renewable energy target.
Amendment 905 #
2021/0425(COD)
Proposal for a directive
Article 53 a (new)
Article 53 a (new)
Article 53 a Local network connection and reinforcement planning 1. Transmission system operators and distribution systems operators shall establish local network connection and reinforcement plans for the purpose of ensuring firm capacity and continuous injection to renewable gas production as required in Articles 18 and 33 of the (reference to revised Gas Regulation) in a cost-efficient manner. A plan shall be established for each territorial unit that is covered by or close to a natural gas network and within which biomethane production potential has been assessed pursuant to Article 17bis of (reference to revised Gas Regulation). 2. The local network connection and reinforcement plans shall define the most relevant and cost-efficient network connections and network reinforcements to be performed by the system operators as the renewable gas projects develop, based on criteria set by the competent regulatory authority. 3. System operators shall draft the plans based on the existing pipeline of renewable gas production projects, the assessed potential of biomethane production referred to in Article 17bis of (reference to revised Gas Regulation), a regional gas demand forecast, and on the consultation of the relevant regional and local authorities. 4. The plans shall be submitted to the regulatory authority for approval. All plans shall be submitted within two years after the transposition of this Directive. Once approved, network connections requested by renewable gas producers and network reinforcements shall be in line with these plans. 5. Member States shall ensure that the regulatory authority swiftly delivers on the approval of local network connection and reinforcement plans. 6. The local plans are reviewed regularly as appropriate.
Amendment 906 #
2021/0425(COD)
Proposal for a directive
Article 53 b (new)
Article 53 b (new)
Amendment 907 #
2021/0425(COD)
Proposal for a directive
Article 54 – paragraph 4
Article 54 – paragraph 4
4. Member States may allow for derogations from paragraph 1, points (b) and (c) ,in the case of a regulated energy conversion, or provided that transmission system operators are not part of a vertically integrated undertaking.
Amendment 909 #
2021/0425(COD)
Proposal for a directive
Article 54 a (new)
Article 54 a (new)
Article 54 a [Ownership of network related components by transmission system operators and hydrogen network operators] Member States may allow transmission system operators and hydrogen network operators to own, develop, manage or operate network related component enabling blending into the natural gas network for decarbonization purposes
Amendment 913 #
2021/0425(COD)
Proposal for a directive
Article 62 – paragraph 1
Article 62 – paragraph 1
1. Member States shall ensure that from [entry of transposition period+1year] hydrogen network operators are unbundled in accordance with the rules for natural gas transmission system operators set out in Article 56(1) to (3)Sections 1, 2 and 3 of Chapter IX.
Amendment 918 #
2021/0425(COD)
Proposal for a directive
Article 62 – paragraph 3
Article 62 – paragraph 3
Amendment 933 #
2021/0425(COD)
Proposal for a directive
Article 62 – paragraph 4
Article 62 – paragraph 4
4. Until 31 December 2030, Member State may designate an integrated hydrogen network operator unbundled in accordance with the rules on independent transmission operators for natural gas set out in Section 3 of Chapter IX. Such designation shall expire by 31 December 2030 at the latest, independently from the model applied for natural gas and electricity sectors.
Amendment 939 #
2021/0425(COD)
Proposal for a directive
Article 63
Article 63
Amendment 962 #
2021/0425(COD)
Proposal for a directive
Article 71 – paragraph 1 – point e
Article 71 – paragraph 1 – point e
(e) promoting connection and facilitating access to the network for new production capacity, in particular removing barriers that could prevent connection and access for new market entrants and of gas and hydrogen from renewable sources;,
Amendment 993 #
2021/0425(COD)
Proposal for a directive
Article 72 – paragraph 1 – point t
Article 72 – paragraph 1 – point t
(t) monitoring the time taken by natural gas transmission and distribution system operators or hydrogen network operators to make connections and repairs;assess network connection requests by renewable gas producers, including technical studies, and make connections and repairs for renewable gas producers and end-users
Amendment 1001 #
2021/0425(COD)
Proposal for a directive
Article 72 – paragraph 1 – point ee a (new)
Article 72 – paragraph 1 – point ee a (new)
(ee a) assessing and approving local network connection and reinforcement plans referred in Article 53bis as well as investment programmes for grid reinforcement referred to in Article 53ter;
Amendment 1005 #
2021/0425(COD)
Proposal for a directive
Article 72 – paragraph 1 – point ii
Article 72 – paragraph 1 – point ii
(ii) monitoring the removal of unjustified obstacles to and restrictions on the development of consumption of self- generated renewable natural gas and citizen energy communities.
Amendment 137 #
2021/0424(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) It is, generally, most efficient to finance infrastructure by revenues obtained from the users of that infrastructure and to avoid cross-subsidies. Moreover, such cross-subsidies would, in the case of regulated assets, be incompatible with the general principle of cost-reflective tariffs. In exceptional cases, such cross-subsidies could nonetheless bring societal benefits, in particular during earlier phases of network development where booked capacity is low compared to technical capacity and uncertainty as to when future capacity demand will materialise is significant. Cross-subsidies could therefore contribute to reasonable and predictable tariffs for early network users and de-risk investments for network operators. Cross- subsidies could thus contribute to an investment climate supportive to the Union’s, decarbonisation objectives. Cross- subsidies should not be financed by network users in other Member States, regardless as to whether directly or indirectly. It is thus appropriate to collect financing for cross-subsidies only from exit points to final customers within the same Member State. Moreover, as cross- subsidies are exceptional, it should be ensured that they are proportional, transparent, limited in time and set under regulatory supervision, subject to ACER’s opinion and to due notification to the European Commission.
Amendment 139 #
2021/0424(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) A common minimum set of third- party access services is necessary to provide a common minimum standard of access in practice throughout the Union , to ensure that third-party access services are sufficiently compatible and to allow the benefits accruing from a well-functioning internal market in natural gas and biomethane to be exploited.
Amendment 142 #
2021/0424(COD)
Proposal for a regulation
Recital 14
Recital 14
(14) A sufficient level of cross-border gas interconnection capacity should be achieved and market integration fostered in order to complete the internal market in natural gas and biomethane.
Amendment 155 #
2021/0424(COD)
Proposal for a regulation
Recital 33
Recital 33
(33) Transmission system operators could be allowed to reserve storages for natural gas and biomethane exclusively for carrying out their functions and for the purpose of security of supply. The filling of these strategic stocks could be done by means of joint purchasing using the trading platform as mentioned in Article 10 of Commission Regulation (EU) No 312/2014 without prejudice to Union competition rules. Withdrawal of natural gas and biomethane should only be possible for the transmission system operators to carry out their functions or in case of a declared emergency situation, as mentioned in Article 11 (1) of that Regulation, in order not to interfere with the regular functioning of the market.
Amendment 159 #
2021/0424(COD)
Proposal for a regulation
Recital 38
Recital 38
(38) In order to exploit the most economic locations for the production of renewable and low carbon gases, network users should benefit from discounts in capacity-based transmission tariffs. These should include a discount for injection from renewable and low carbon gases production facilities, a discount for tariffs at entry points from and exit points to storage facilities and a discount on the cross-border tariff and entry points from LNG facilities. In case of a change of the value of non-cross border discounts, the regulatory authority needs to balance out the interest between networks users and network operators taking into account stable financial frameworks specifically for existing investments, in particular for renewable production facilities. Where possible, indicators or conditions for changing the discount should be provided sufficiently before any decision to change the discount is taken. This discount should not affect the general tariff setting methodology, but should be provided ex- post on the relevant tariff. In order to benefit from the discount, network users should present the required information towards the transmission system operator on the basis of a certificate which would be linked to the union database.
Amendment 164 #
2021/0424(COD)
Proposal for a regulation
Recital 40
Recital 40
(40) In order to increase efficiencies in the natural gas distribution networks in the Union and to ensure close cooperation with transmission system operators and the ENTSO for Gas, an entity of gas distribution system operators in the Union (‘EU gas DSO entity’) should be provided for which also includes natural gas distribution system operators. The tasks of the EU DSO entity should be well-defined and its working method should ensure efficiency, transparency and representativeness among Union distribution system operators. The EU gas DSO entity should closely cooperate with the ENTSO for Gas on the preparation and implementation of the network codes where applicable and should work on providing guidance on the integration inter alia of distributed generaas production and other areas, which relate to the management of the gas distribution networks.
Amendment 168 #
2021/0424(COD)
Proposal for a regulation
Recital 43
Recital 43
(43) The blending of hydrogen into the natural gas system ismay be less efficient compared to using hydrogen in its pure form and diminishes the value of hydrogen. It although that will depend over time on the relative price competitiveness of hydrogen compared to natural gas. In case of high blending percentages, it may also affects the operation of gas infrastructure, end- user applications, and the interoperability of cross-border systems. The Member States’ decision on whether to apply blending hydrogen in their national natural gas systems should be preserved. At the same timTherefore, a harmonised approach on blending hydrogen into the natural gas system in the form of a Union- wide allowed cap at cross- border interconnection points between Union Member States, where transmission system operators have to accept natural gas with a blended hydrogen level below the cap, would limit the risk of market segmentation. Adjacent transmission systems should remain free to agree on higher hydrogen blending levels for cross- border interconnection points.
Amendment 170 #
2021/0424(COD)
Proposal for a regulation
Recital 44
Recital 44
(44) A strong cross-border coordination and dispute settlement process between transmission system operators on gas quality, including on biomethane and hydrogen blends, is essential to facilitate efficient transport of natural gas and biomethane across natural gas systems within the Union and thereby to move towards greater internal market integration. Enhanced transparency requirements on gas quality parameters, including on gross calorific value, Wobbe Index and oxygen content, and hydrogen blends and their development over time combined with monitoring and reporting obligations should contribute to the well- functioning of an open and efficient internal market in natural gas and biomethane.
Amendment 191 #
2021/0424(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 32
Article 2 – paragraph 1 – point 32
(32) ‘virtual trading point’ means a non- physical commercial point within an entry- exit system where gases are exchanged between a seller and a buyer without the need to book transmission or distribution capacity;
Amendment 223 #
2021/0424(COD)
Proposal for a regulation
Article 3 a (new)
Article 3 a (new)
Article 3 a Mainstreaming biomethane and hydrogen in the gas system In order to support sustainable production of biomethane to safeguard the security of gas supply in the Union and decrease dependence on fossil natural gas imports, Member States shall ensure collectively that at least 35bcm of biomethane is produced and injected into natural gas system at TSO and DSO levels by 31 December 2030, in line with the REPowerEU objectives. Member States shall also ensure collectively that at least 20 million tonnes of hydrogen are produced or imported in the Union.
Amendment 225 #
2021/0424(COD)
Proposal for a regulation
Article 3 a (new)
Article 3 a (new)
Article 3 a EU target for GHG intensity reduction of the gas consumption 1. The domestic consumption of gaseous energy in the European Union shall have a greenhouse gas emissions intensity reduced by at least 20% in 2030 compared to the level of 2018. 2. For the purpose of this article, domestic consumption of gaseous energy shall cover: a. the use of natural gas, biomethane and hydrogen in liquid form; b. the use of natural gas, biomethane and hydrogen for industrial processes.
Amendment 234 #
2021/0424(COD)
Proposal for a regulation
Article 4 – paragraph 2 – introductory part
Article 4 – paragraph 2 – introductory part
2. AUntil at least 31 December 2030, a Member State may allow financial transfers between regulated services that are separate as meant in in the first paragraph, provided that:
Amendment 246 #
2021/0424(COD)
Proposal for a regulation
Article 4 – paragraph 2 – point b
Article 4 – paragraph 2 – point b
(b) the dedicated charge is collected only from exit points to final customers which will utilise the regulated service receiving the financial transfer, and are located within the same Member States as the beneficiary of the financial transfer;
Amendment 251 #
2021/0424(COD)
Proposal for a regulation
Article 4 – paragraph 2 – point c
Article 4 – paragraph 2 – point c
(c) the dedicated charge and financial transfer or the methodologies underlying their calculation are approved prior to their entry into force by the regulatory authority referred to in Article 70 and its implementation shall start only at the beginning of a gas-year;
Amendment 257 #
2021/0424(COD)
Proposal for a regulation
Article 4 – paragraph 2 – point d
Article 4 – paragraph 2 – point d
(d) the approved dedicated charge and financial transfer and the methodologies, where methodologies are approved are published 6 months before their implementation.
Amendment 262 #
2021/0424(COD)
Proposal for a regulation
Article 4 – paragraph 3 – point c
Article 4 – paragraph 3 – point c
Amendment 265 #
2021/0424(COD)
Proposal for a regulation
Article 4 – paragraph 3 – point c a (new)
Article 4 – paragraph 3 – point c a (new)
Amendment 269 #
2021/0424(COD)
Proposal for a regulation
Article 4 – paragraph 4 – point b
Article 4 – paragraph 4 – point b
Amendment 272 #
2021/0424(COD)
Proposal for a regulation
Article 4 – paragraph 4 – point c
Article 4 – paragraph 4 – point c
Amendment 276 #
2021/0424(COD)
Proposal for a regulation
Article 4 – paragraph 4 – subparagraph 1 a (new)
Article 4 – paragraph 4 – subparagraph 1 a (new)
Notwithstanding paragraphs 1, 2 and 3 of this Article, the Commission is empowered to adopt delegated acts in accordance with Article 63 in order to supplement this Regulation, Directive 2003/87, Regulation 2021/1153 and Regulation (EU) 2022/869 as to provide additional financial resources from EU funds (including and not limited to CEF and Innovation Fund) necessary to support the repurposing of natural gas infrastructure in Member States that are hydrogen "transit/net exporter" Member States.
Amendment 306 #
2021/0424(COD)
Proposal for a regulation
Article 15 – paragraph 2 a (new)
Article 15 – paragraph 2 a (new)
2 a. Connection rules and fees for renewable and low carbon gases injecting into the network should ensure proportioned connection costs facilitating their integration onto the network. In the interest of enabling greater penetration of renewable and low carbon gases, national regulatory authorities should be empowered to facilitate discounts on connection fees for renewable and low carbon gas producers. The application of any discounts should be applied in a non- discriminatory and transparent manner and without cross-subsidies impacting transportation tariffs and the connection rules applied should be published.
Amendment 314 #
2021/0424(COD)
Proposal for a regulation
Article 16 – paragraph 1 – point b
Article 16 – paragraph 1 – point b
Amendment 322 #
Amendment 325 #
2021/0424(COD)
Proposal for a regulation
Article 16 – paragraph 5 – subparagraph 1 – point a
Article 16 – paragraph 5 – subparagraph 1 – point a
Amendment 328 #
2021/0424(COD)
Proposal for a regulation
Article 16 – paragraph 5 – subparagraph 1 – point b
Article 16 – paragraph 5 – subparagraph 1 – point b
Amendment 329 #
2021/0424(COD)
Proposal for a regulation
Article 16 – paragraph 5 – subparagraph 1 – point c
Article 16 – paragraph 5 – subparagraph 1 – point c
Amendment 332 #
2021/0424(COD)
Proposal for a regulation
Article 16 – paragraph 5 – subparagraph 1 – point d
Article 16 – paragraph 5 – subparagraph 1 – point d
Amendment 335 #
2021/0424(COD)
Proposal for a regulation
Article 17 – paragraph 2
Article 17 – paragraph 2
Amendment 339 #
2021/0424(COD)
Proposal for a regulation
Article 17 a (new)
Article 17 a (new)
Article 17 a Assessment of long-term renewable gas potential as a basis for optimised transmission and distribution system development 1 (new). Member States shall be responsible for assessing the potential of biomethane production at a local level throughout their territory, as part of their National Biogas and Biomethane Strategies. This assessment shall be performed within two years after the entry into force of this Regulation. It may build on existing assessments. 2 (new). The scope of biomass considered in this assessment shall include biomass feedstock as defined in Article 2 of Directive 2018/2001 and that fulfils the Union sustainability criteria. 3 (new). Member States shall consult the competent regulatory authority, transmission and distribution system operators in the design phase of the assessment to define: 1. The territorial unit within which a production potential shall be assessed; 2. For the scope of the biomass assessed, the geographical proximity with the existing natural gas networks. 4 (new) During the assessment exercise, the improvement of an existing assessment and the subsequent updates, Member States shall consult regional and local authorities as well as transmission and distribution system operators. It may consult other relevant parties. 5 (new). The assessment may be updated regularly.
Amendment 341 #
2021/0424(COD)
Proposal for a regulation
Article 17 a (new)
Article 17 a (new)
Article 17 a Facilitating biomethane connections and potential analysis 1. Member States shall establish regional maps, identifying the areas with the highest potential for sustainable biogas and biomethane production and that fulfils the Union sustainability criteria as defined in Directive2018/2001 due to the availability of raw materials (i.e. waste/residues) and existing operating biogas or biomethane plants.2. Distribution system operators and transmission system operators shall be obliged to map connection potentials based on existing and expected capacity to facilitate connection requests, taking into consideration the potential for an increase of sustainable biogas and biomethane production provided on the basis of paragraph 1.3. On this basis, National Regulatory Authorities should be identifying projects to pool multiple sources of biogas to a central upgrading biomethane plant for injection into the gas grid. A progress report on the production,transportation and uptake of biomethane should be issued by National Regulatory Authorities regularly starting in 2024, in cooperation with relevant stakeholders.
Amendment 344 #
2021/0424(COD)
Proposal for a regulation
Article 18 – paragraph 1
Article 18 – paragraph 1
1. Transmission system operators shall ensure firm capacity for the access of production facilities of renewable and low carbon gases connected to their grid. For this purpose, transmission system operators shall develop in cooperation with the distribution system operators procedures and arrangementsnetwork connection and reinforcements plans as set out in Article 53bis of (reference to the revised Gas Directive), as well as procedures and arrangements necessary to implement the necessary network reinforcements (as defined in Article 2, point 35bis of the reference to the revised Gas Directive), including investments, to ensure aiming to operate a reverse flow from distribution to transmission network.
Amendment 349 #
2021/0424(COD)
Proposal for a regulation
Article 19 – paragraph 1
Article 19 – paragraph 1
1. Transmission system operators shall cooperate to avoid restrictions to cross-border flows due to gas quality differences on interconnection points between Union Member States. When cooperating, transmission system operators shall take into account characteristics of installations of final gas customers and these customers' rights.
Amendment 350 #
2021/0424(COD)
Proposal for a regulation
Article 19 – paragraph 1 a (new)
Article 19 – paragraph 1 a (new)
1 a. For hydrogen blended into the natural gas system, this Article should only apply to gas flows with a hydrogen content up to 5-10% by volume.
Amendment 352 #
2021/0424(COD)
Proposal for a regulation
Article 19 – paragraph 1 b (new)
Article 19 – paragraph 1 b (new)
1 b. Member States shall ensure that diverging technical specifications, including gas quality parameters such as oxygen content and hydrogen blending in the natural gas system are not used to restrict cross-border gas flows.
Amendment 353 #
2021/0424(COD)
Proposal for a regulation
Article 19 – paragraph 1 c (new)
Article 19 – paragraph 1 c (new)
1 c. Member States shall ensure that diverging technical specifications, including gas quality parameters such as oxygen content and hydrogen blending in the natural gas system are not used to restrict cross-border gas flows.
Amendment 354 #
2021/0424(COD)
Proposal for a regulation
Article 19 – paragraph 4 – introductory part
Article 19 – paragraph 4 – introductory part
4. Where the concerned regulatory authorities recognise the restriction, they shall request the concerned transmission system operators to perform, within 12 months from the recognition, the following actions in sequence:
Amendment 357 #
2021/0424(COD)
Proposal for a regulation
Article 19 – paragraph 4 – point a
Article 19 – paragraph 4 – point a
(a) cooperate and develop technically feasible options, without changing the gas quality specifications, which may include flow commitments and gas treatment, in order to remove the recognised restriction and taking into account information provided by end-customers directly connected to the transmission system operator grid or distribution system operator that could be affected by that process;
Amendment 362 #
2021/0424(COD)
Proposal for a regulation
Article 19 – paragraph 6 a (new)
Article 19 – paragraph 6 a (new)
6 a. The concerned regulatory authorities may, in duly justified cases related to safety or security concerns, in their joint coordinated decision described in paragraph 6 decide to grant exemptions to transmission system operators from the obligation to accept gas flows with a hydrogen content of up to 5% as set out in Article 20(1) to remove the recognised restriction. Duly justified cases may also include arrangements to optimise the use of hydrogen blending in the EU by allocating the available firm hydrogen blending capacity within the system and across borders.
Amendment 363 #
2021/0424(COD)
Proposal for a regulation
Article 19 – paragraph 6 b (new)
Article 19 – paragraph 6 b (new)
6 b. The regulatory authorities shall notify the Commission without delay of their decision to grant an exemption referred to in paragraph 7, together with all the relevant information with respect to the exemption. That information may be submitted to the Commission in an aggregated form, enabling the Commission to reach a well-founded decision.
Amendment 364 #
2021/0424(COD)
Proposal for a regulation
Article 19 – paragraph 6 c (new)
Article 19 – paragraph 6 c (new)
6 c. Within a period of two months from the day following the receipt of a notification, the Commission may take a decision requiring the regulatory authorities to amend or withdraw the decision to grant an exemption. That two- month period may be extended by an additional period of two months where further information is sought by the Commission. That additional period shall begin on the day following the receipt of the complete information. The initial two- month period may also be extended with the consent of both the Commission and the regulatory authority. The regulatory authorities shall comply with the Commission decision to amend or withdraw the exemption decision and shall inform the Commission accordingly.
Amendment 372 #
2021/0424(COD)
Proposal for a regulation
Article 20 – paragraph 1
Article 20 – paragraph 1
1. Transmission system operators shall accept gas flows with a hydrogen content of up to 5-10% by volume at interconnection points between Union Member States in the natural gas system from 1 October 2025, subject to the procedure described in Article 19 of this Regulation.
Amendment 374 #
2021/0424(COD)
Proposal for a regulation
Article 20 – paragraph 1 a (new)
Article 20 – paragraph 1 a (new)
1 a. Member States shall define a clear pathway and timely define a course of actions to enable 5% minimum blending thresholds at Interconnection Points by 2025.
Amendment 383 #
2021/0424(COD)
Proposal for a regulation
Article 21 – paragraph 1
Article 21 – paragraph 1
All gas transmission system operators and hydrogen network operators shall cooperate at Union level through the European Network of Transmission System Operators for Gas (the ENTSO for Gas), in order to promote the completion and functioning of the internal market in natural gas and hydrogen and cross-border trade and to ensure the optimal management, coordinated operation and sound technical evolution of the natural gas transmission network and of the hydrogen network.
Amendment 388 #
2021/0424(COD)
Proposal for a regulation
Article 23 – paragraph 1
Article 23 – paragraph 1
1. The ENTSO for Gas shall elaborate network codes in the areas referred to in paragraph 6 of this Articleset out in Article 53 and 54 upon a request addressed to it by the Commission in accordance with Article 53(9) or Article 54 (9).
Amendment 390 #
2021/0424(COD)
Proposal for a regulation
Article 23 – paragraph 2
Article 23 – paragraph 2
2. The ENTSO for Gas may elaborate network codes in the areas set out in paragraph 6Article 53 and 54 with a view to achieving the objectives set out in Article 21 where those network codes do not relate to areas covered by a request addressed to it by the Commission. Those network codes shall be submitted to ACER for an opinion. That opinion shall be duly taken into account by the ENTSO for Gas.
Amendment 394 #
2021/0424(COD)
Proposal for a regulation
Article 23 – paragraph 3 – point b
Article 23 – paragraph 3 – point b
(b) a non-binding Union -wide ten-year network development plan ( Union -wide network development plan) for gas and hydrogen networks, including a European supply adequacy outlook, every two years;
Amendment 400 #
2021/0424(COD)
Proposal for a regulation
Article 23 – paragraph 3 – point c
Article 23 – paragraph 3 – point c
(c) recommendations relating to the coordination of technical cooperation between Union and third-country transmission system operators and hydrogen network operators;
Amendment 401 #
2021/0424(COD)
Proposal for a regulation
Article 23 – paragraph 3 – point c a (new)
Article 23 – paragraph 3 – point c a (new)
(c a) recommendations relating to the coordination of technical cooperation between gas transmission and distribution system operators on one hand, and hydrogen network operators on the other hand in the Union;
Amendment 405 #
2021/0424(COD)
Proposal for a regulation
Article 23 – paragraph 3 – point g
Article 23 – paragraph 3 – point g
(g) a gas quality monitoring report by 15 May 2024 and a gas and hydrogen quality monitoring report by 15 May 2026 at the latest and every two years afterwards, including developments of gas quality parameters, developments of the level and volume of hydrogen blended into the natural gas system, forecasts for the expected development of gas quality parameters and of the volume of hydrogen blended into the natural gas system, the impact of blending hydrogen on cross- border flows as well as information on cases related to differences in gas quality specifications or in specifications of blending levels and how such cases were settled.
Amendment 410 #
2021/0424(COD)
Proposal for a regulation
Article 23 – paragraph 3 – point h
Article 23 – paragraph 3 – point h
(h) The gas and hydrogen quality monitoring report shall also cover the development for the areas listed in point (g) where as far as relevant for the distribution network, based on information provided by the entity of distribution system operators in the Union (‘EU DSO entity’).
Amendment 412 #
2021/0424(COD)
Proposal for a regulation
Article 23 – paragraph 4 – introductory part
Article 23 – paragraph 4 – introductory part
4. The European supply adequacy outlook referred to in paragraph 3, point (b), shall cover the overall adequacy of the gas and hydrogen systems to supply current and projected demands for gas and hydrogen for the next five-year period as well as for the period between five and 10 years from the date of that outlook. The European supply adequacy outlook shall build on national supply outlooks prepared by each individual gas transmission system operator. and hydrogen network operator.
Amendment 419 #
2021/0424(COD)
Proposal for a regulation
Article 23 – paragraph 6
Article 23 – paragraph 6
Amendment 437 #
2021/0424(COD)
Proposal for a regulation
Article 27 – paragraph 1
Article 27 – paragraph 1
The costs related to the activities of the ENTSO for Gas referred to in Articles 21 to 23 , 52, 53 and 534 of this Regulation, and in Article 11 of Regulation (EU) No 347/2013 of the European Parliament and of the Council11 shall be borne by the gas transmission system operators and the hydrogen network operators and shall be taken into account in the calculation of tariffs. Regulatory authorities shall approve those costs only if they are reasonable and appropriate. _________________ 11 Regulation (EU) No 347/2013 of the European Parliament and of the Council of 17 April 2013 on guidelines for trans- European energy infrastructure (OJ L 115, 25.4.2013, p. 39).
Amendment 439 #
2021/0424(COD)
Proposal for a regulation
Article 28 – paragraph 1
Article 28 – paragraph 1
1. TGas transmission system operators and hydrogen network operators shall establish regional cooperation within the ENTSO for Gas to contribute to the tasks referred to in Article 23 (1), (2) and (3).
Amendment 463 #
2021/0424(COD)
Proposal for a regulation
Article 33 – paragraph 1
Article 33 – paragraph 1
1. Distribution system operators shall ensure firm capacity and continuous injection for the access of the production facilities renewable and low carbon gases connected to their grid. To this extent, distribution system operators shall develop in cooperation among themselves and with the transmission system operators procedures and arrangnetwork connection and reinforcements plans as set out in Article 53bis of (reference to the revised Gas Directive), as well as procedures and arrangements necessary to implement the necessary network reinforcements, including investments, to ensure in reverse flow from distribution to transmission network. or network meshing between several zones within the distribution system area.
Amendment 466 #
2021/0424(COD)
Proposal for a regulation
Article 34 – title
Article 34 – title
Cooperation between distribution system operators and, gas transmission system operators and hydrogen network operators
Amendment 468 #
2021/0424(COD)
Proposal for a regulation
Article 34 – paragraph 1
Article 34 – paragraph 1
Distribution system operators shall cooperate with other distribution system operators and, gas transmission system operators and hydrogen network operators to coordinate maintenance, system development, new connections and the operation of the system to ensure system integrity and with a view to maximise capacity and minimise the use of fuel gas.
Amendment 474 #
2021/0424(COD)
Proposal for a regulation
Article 36 – paragraph 1
Article 36 – paragraph 1
Distribution system operators operating a natural gas system shall cooperate at Union level through thea specific European entity for gas distribution system operators (‘EU DSO entity’) set up in accordance within permanent cooperation and coordination with the EU DSO entity set up through provisions corresponding to those established by Articles 52 to 57 of Regulation (EU) 2019/943 of the European Parliament and of the Council12 , in order to promote the completion and functioning of the internal market for natural gas and to promote optimal management and a coordinated operation of distribution and transmission systems. . _________________ 12 Regulation (EU) 2019/943 of the European Parliament and of the Council of 5 June 2019 on the internal market for electricity (OJ L 158, 14.6.2019, p. 54).
Amendment 478 #
2021/0424(COD)
Registered members may participate in the EU DSO entity directly or be represented by a national association designated by a Member State or by a Union-level association.; national associations designated by a Member State and Union- level associations shall be involved, from the early stages, in the establishment of the EU gas DSO entity with an initiative and decision-making power
Amendment 485 #
2021/0424(COD)
Proposal for a regulation
Article 36 a (new)
Article 36 a (new)
Amendment 499 #
2021/0424(COD)
Proposal for a regulation
Article 38 – title
Article 38 – title
Additional tasks of the EU DSO entity for gas
Amendment 501 #
2021/0424(COD)
Proposal for a regulation
Article 38 – paragraph 1
Article 38 – paragraph 1
1. 1. The tasks of the EU DSO entity shall exercise the tasks listed in Article 55(1) points (a) to (e) of Regulation (EU) 2019/943 and undertake the activities listed in Article 55(2) points (c) to (e) of that Regulation also as regards those distribution networks which are part of the natural gas systemfor gas shall be the following: (a) promoting operation and planning of distribution networks in coordination with the operation and planning of transmission networks; (b) facilitating the integration of renewable energy resources, distributed generation and other resources embedded in the distribution network; (c) facilitating and contributing to the development of gas quality and safety standards for the injection of hydrogen and biomethane into distribution networks; (d) facilitating demand side flexibility and response and distribution grid users' access to markets; (e) contributing to the digitalisation of distribution systems including deployment of smart metering systems. (f) supporting the development of data management, cyber security and data protection in cooperation with relevant authorities and regulated entities; (g) work on identifying best practices in the area of energy efficiency improvements in the distribution network; (h) adopt an annual work programme and an annual report; (i) operate in accordance with competition law and ensure neutrality.
Amendment 505 #
2021/0424(COD)
Proposal for a regulation
Article 38 – paragraph 2 – introductory part
Article 38 – paragraph 2 – introductory part
2. In addition to the tasks listed in Article 55(1) of Regulation (EU) 2019/943 tThe EU DSO entity for gas shall participate in the development of network codes which are relevant to the operation and planning of distribution grids and the coordinated operation of the transmission networks and distribution networks pursuant to this Regulation and contribute to mitigating fugitive methane emissions from the natural gas system. .
Amendment 507 #
2021/0424(COD)
Proposal for a regulation
Article 38 – paragraph 2 – subparagraph 1
Article 38 – paragraph 2 – subparagraph 1
When participating in the development of new network codes pursuant to Article 53, the EU DSO entity shall comply with the consultation requirements as laid down in Article 56 of Regulation (EU) 2019/943for gas shall conduct an extensive consultation process, at an early stage and in an open and transparent manner, involving all relevant stakeholders .
Amendment 521 #
2021/0424(COD)
Proposal for a regulation
Article 38 – paragraph 4
Article 38 – paragraph 4
4. The EU DSO entity for gas shall provide input to the ENTSO for Gas for its reporting on gas quality, with regard to the distribution networks where distribution system operators are responsible for gas quality management, as referred to in Article 23(3).
Amendment 526 #
Amendment 534 #
2021/0424(COD)
Proposal for a regulation
Article 41
Article 41
Amendment 543 #
Amendment 556 #
2021/0424(COD)
Proposal for a regulation
Article 43
Article 43
Amendment 570 #
2021/0424(COD)
Proposal for a regulation
Article 44
Article 44
Amendment 574 #
2021/0424(COD)
Proposal for a regulation
Article 45
Article 45
Amendment 576 #
2021/0424(COD)
Proposal for a regulation
Article 46
Article 46
Amendment 581 #
2021/0424(COD)
Proposal for a regulation
Article 47
Article 47
Amendment 583 #
2021/0424(COD)
Proposal for a regulation
Article 52 – paragraph 2 – point d
Article 52 – paragraph 2 – point d
Amendment 591 #
2021/0424(COD)
Proposal for a regulation
Article 53 – paragraph 10
Article 53 – paragraph 10
10. The ENTSO for Gas, or where provided for in the priority list referred to in paragraph 3 the EU DSO entity, in cooperation with the ENTSO for Gas, shall convene a drafting committee to support it in the network code development process. The drafting committee shall consist of representatives of ACER, the ENTSO for Gas, the ENNOH, where appropriate the EU DSO entity, and a limited number of the main affected stakeholders. The ENTSO for Gas or where provided for in the priority list pursuant to paragraph 3 the EU DSO entity, in cooperation with the ENTSO for Gas, shall develop proposals for network codes in the areas referred to in paragraphs 1 and 2 where so requested by the Commission in accordance with paragraph 9.
Amendment 599 #
2021/0424(COD)
Proposal for a regulation
Article 54 – paragraph 10
Article 54 – paragraph 10
10. The ENNOHTSO for gas shall convene a drafting committee to support it in the network code development process. The drafting committee shall consist of representatives of ACER, the ENTSO for Gas, the ENTSO for Electricity and where appropriate the EU DSO entity, and a limited number of the main affected stakeholders. The European Network of Network Operators for HydrogenNTSO for gas shall develop proposals for network codes in the areas referred to in paragraphs 1 and 2.
Amendment 184 #
2021/0423(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 9 b (new)
Article 2 – paragraph 1 – point 9 b (new)
(9 b) ‘site’ means the geographical location of the facility;
Amendment 188 #
2021/0423(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 9 a (new)
Article 2 – paragraph 1 – point 9 a (new)
(9 a) ’component’ means any single technical equipment or device of an asset at a site/facility;
Amendment 194 #
2021/0423(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 9 c (new)
Article 2 – paragraph 1 – point 9 c (new)
(9 c) ‘facility’ means one or more installations on the same site that are operated by the same natural or legal person;
Amendment 207 #
2021/0423(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 10
Article 2 – paragraph 1 – point 10
(10) ‘emission factor’ means a coefficient that quantifies the average emissions or removals of a gas per unit activity, which is often based on a sample of measurement data, averaged to develop a representative rate of emission for a given activity level under a given set of operating conditions;
Amendment 212 #
2021/0423(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 12
Article 2 – paragraph 1 – point 12
(12) ‘specific emission factor’ means an emission factor derived from direct measurementsfor a type of emission source based on direct measurements, sampling or detailed quantification methods specific to the type of emission source;
Amendment 218 #
2021/0423(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 13 a (new)
Article 2 – paragraph 1 – point 13 a (new)
(13 a) ‘quantification’ means operations to determine the value of the quantity of methane emissions. Quantification can be based on direct measurements, engineering estimations, or models using ambient measurements and meteorological data, and should be based on advanced equipment and monitoring methods. Quantities of methane emissions are expressed in mass per time (e.g. kilograms per hour) or volume per time (e.g. standard cubic meters per hour);
Amendment 228 #
2021/0423(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 17
Article 2 – paragraph 1 – point 17
(17) ‘leak detection and repair survey’ means a survey to identify sources ofprogramme’ means activities of an operator of assets to detect unplanned methane emissions, including, leaks and unintentional venting, and to repair and/or replace leaking components;
Amendment 254 #
2021/0423(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 41
Article 2 – paragraph 1 – point 41
(41) ‘importer’ means a natural or legal person established in the Union who, in the course of a commercial activity, places fossil energy or renewable methane from a third country on the Union market. by means of a declaration for release for free circulation within the meaning of Regulation (EU) No. 952/2013 of the European Parliament and of the Council of 9 October 2013 laying down the Union Customs Code, or the person on whose behalf this declaration is made;
Amendment 262 #
2021/0423(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 41 a (new)
Article 2 – paragraph 1 – point 41 a (new)
(41 a) ‘representative’ means any person appointed by another person to carry out the acts and formalities required under this Regulation. A representative shall be established within the customs territory of the Union.
Amendment 355 #
2021/0423(COD)
Proposal for a regulation
Article 8 – paragraph 2 – subparagraph 1
Article 8 – paragraph 2 – subparagraph 1
In carrying out the verification activities referred to in paragraph 1, verifiers shall use free and publicly available European or international standards for methane emissions quantification as made applicable by the Commission in accordance with paragraph 5this Regulation. Until such date where the applicability of those standards is determined by the Commission, verifiers shall use existing European or international standards for quantification and verification of greenhouse gas emissionsindustry best practices and guidelines for methane emissions quantification.
Amendment 390 #
2021/0423(COD)
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
Amendment 402 #
2021/0423(COD)
Proposal for a regulation
Article 12 – paragraph 2
Article 12 – paragraph 2
2. By … [24 months from the date of entry into force of this Regulation], operators shall also submit a report to the competent authorities containing direct measurements of source-level methane emissions for operated assets. Reporting at such level may involve the use of source- level measurement and sampling as the basis for establishing specific emission factors used for emissions estimationsources not considered as de minimis for operated assets. When emission factors are used, the quantification shall involve specific emission factors.
Amendment 412 #
2021/0423(COD)
Proposal for a regulation
Article 12 – paragraph 3 – subparagraph 1
Article 12 – paragraph 3 – subparagraph 1
By … [36 months from the date of entry into force of this Regulation] and by 301 Marchy every year thereafter, operators shall submit a report to the competent authorities containing direct measurementsquantification of source-level methane emissions for non-de-minimis sources operated assets referred to in paragraph 2, complemented by measurements of site- level methane emissions,nfirmed by a representative sample of an alternative/different quantification method described by CEN standards for operated facilities with methane emissions exceeding [100 tonnes per year] according the reby allowing assessment and verification of the source- level estimates aggregated by site. porting of the previous year. As long as no CEN standards provide adequate methodologies allowing such emission assessment methods, they can be performed on a voluntary basis. The assessment scope and frequency shall be based on experience using a risk-based approach or similar and shall be approved by the competent authority.
Amendment 433 #
2021/0423(COD)
Proposal for a regulation
Article 12 – paragraph 4
Article 12 – paragraph 4
Amendment 447 #
2021/0423(COD)
Proposal for a regulation
Article 12 – paragraph 5 – subparagraph 1
Article 12 – paragraph 5 – subparagraph 1
Amendment 454 #
2021/0423(COD)
Proposal for a regulation
Article 12 – paragraph 5 – subparagraph 2
Article 12 – paragraph 5 – subparagraph 2
Amendment 460 #
2021/0423(COD)
Proposal for a regulation
Article 12 – paragraph 6 – subparagraph 1 – point b
Article 12 – paragraph 6 – subparagraph 1 – point b
(b) data per detailed, individual, emission source type;
Amendment 463 #
2021/0423(COD)
Proposal for a regulation
Article 12 – paragraph 6 – subparagraph 1 – point c
Article 12 – paragraph 6 – subparagraph 1 – point c
(c) detailed information on the quantification methodologies employed to measure methane emissions;
Amendment 466 #
2021/0423(COD)
Proposal for a regulation
Article 12 – paragraph 6 – subparagraph 1 – point e
Article 12 – paragraph 6 – subparagraph 1 – point e
(e) share of ownership and metshanre emissions fromof non-operated assets multiplied by the share of ownership(percentage of ownership) in non- operated assets;
Amendment 469 #
2021/0423(COD)
Proposal for a regulation
Article 12 – paragraph 6 – subparagraph 1 – point f
Article 12 – paragraph 6 – subparagraph 1 – point f
Amendment 472 #
2021/0423(COD)
Proposal for a regulation
Article 12 – paragraph 6 – subparagraph 2
Article 12 – paragraph 6 – subparagraph 2
The Commission shall, by means of implementing acts, lay down a reporting template for the reports under paragraphs 2, 3, 4 and 5 taking into account the national inventory reports already in place. Those implementing acts shall be adopted in accordance with the procedure referred to in Article 32(2). [Until the adoption of the relevant implementing acts, operators shall use the technical guidance documents and reporting templates of the Oil and Gas Methane Partnership 2.0, for upstream and for mid and downstream operations, as applicable.]
Amendment 481 #
2021/0423(COD)
Proposal for a regulation
Article 12 – paragraph 7
Article 12 – paragraph 7
Amendment 514 #
2021/0423(COD)
Proposal for a regulation
Article 13 – paragraph 1
Article 13 – paragraph 1
Operators shall take all measures available to themappropriate and reasonable mitigation measures to prevent and minimise methane emissions in their operations.
Amendment 521 #
2021/0423(COD)
Proposal for a regulation
Article 14 – paragraph 1 – subparagraph 1
Article 14 – paragraph 1 – subparagraph 1
By … [36 months from the date of entry into force of this Regulation], operators shall submit a leak detection and repair programme to the competent authorities which shall detail the contents of the surveysactivity to be carried out in accordance with the requirements in this Article and the CEN standard referred in [new] paragraph 1 or the corresponding Technical Specification document.
Amendment 533 #
2021/0423(COD)
Proposal for a regulation
Article 14 – paragraph 1 – subparagraph 2
Article 14 – paragraph 1 – subparagraph 2
The competent authorities may require the operator to amend the programme taking into account the requirements of this Regulation and the CEN standard or the corresponding CEN Technical specification document.
Amendment 535 #
2021/0423(COD)
Proposal for a regulation
Article 14 – paragraph 1 a (new)
Article 14 – paragraph 1 a (new)
1 a. The Commission shall issue a mandate to the European standardisation body concerned to establish technical specifications, European standards or harmonised European standards on leak detection and repair instruments and methodologies. Harmonised standards or parts thereof the references of which have been published in the Official Journal of the European Union shall be presumed to be in conformity with the requirements referred to in this Article.
Amendment 545 #
2021/0423(COD)
Proposal for a regulation
Article 14 – paragraph 2 – subparagraph 1
Article 14 – paragraph 2 – subparagraph 1
By … [612 months from the date of entry into force of this Regulation], operators shall carry outinitiate a survey of all relevant components under their responsibility in accordance with the leak detection and repair programme referred in paragraph 1.
Amendment 546 #
2021/0423(COD)
Proposal for a regulation
Article 14 – paragraph 2 – subparagraph 2
Article 14 – paragraph 2 – subparagraph 2
Thereafter, leak detection and repair surveys shall be repeated every three months. will be conducted on the basis of sectoral differentiation, with frequencies and minimum detection thresholds different for the upstream, midstream and downstream gas sector. In midstream sector: a) compressor stations, underground storage LNG-terminals will be surveyed every 6 months, searching for a minimum leak size of 400g/h and every 12 months for a minimum leak size of 20 g/h. b) regulating and metering stations will be surveyed every 12 months searching for a minimum leak size of 20 g/h. c) valve stations will be surveyed every 24 months searching for a minimum leak size of 20g/h. LDAR campaigns at the distribution level will follow a performance-based approach setting inspection intervals consistent with the sensitivity to leakage of the material that constitute the network: a) grey cast iron networks will be surveyed every 6 months; b) asbestos networks will be surveyed every 12 months; c) ductile cast iron networks will be surveyed every 24 months; d) non protected steel networks will be surveyed every 36 months; e) polyethylene, PVC or protected steel (<=16 bar) networks will be surveyed every 60 months. These inspection frequencies represent the minimum for LDAR campaigns.The CEN will further specify and adopt the methodologies for inspection intervals, eventually reducing the periods between inspections. Operators may use continuous monitoring systems instead of or in addition to LDAR investigations if the competent authorities approve their use in the context of the LDAR programme mentioned in paragraph 1 and in accordance with the elements outlined in Part 1 of Annex I. Through national/local pipeline integrity management regulations and guidelines, such as those defined in EN 1594, procedures are in place to prevent any leakage for protected steel > 16 bar. Incident related emissions such as third party damage are detected on occurrence and repaired as soon as possible.
Amendment 563 #
2021/0423(COD)
Proposal for a regulation
Article 14 – paragraph 3
Article 14 – paragraph 3
3. In carrying out the surveys, operators shall use devices that allow detection of loss of methane from components of 500 parts per million or moreperiodic surveys or in using continuous monitoring, operators shall use dectecting devices with the capability to detect the leak size corresponding to the relevant leaks searched for in the mid-stream table and [20g/h] for the downstream table. The CEN standard should define the type of device and methodology to detect the related leak size that has to be captured as mentioned in the tables above. Before the standard is available, the competent authorities shall validate the detection devices within the submitted LDAR program.
Amendment 587 #
2021/0423(COD)
Proposal for a regulation
Article 14 – paragraph 4 – subparagraph 1
Article 14 – paragraph 4 – subparagraph 1
Operators shall repair or replace all components found to be emitting 500 parts per million or more of methane.
Amendment 595 #
2021/0423(COD)
Proposal for a regulation
Article 14 – paragraph 4 – subparagraph 2
Article 14 – paragraph 4 – subparagraph 2
The repair or replacement of the components referred to in the first subparagraph shall take place immediately after detection, or as soon as possible thereafter but no later than five days after detection, provided operators can demonstrate that safety or technical considerations do not allow immediate action and provided operators establish a repair and monitoring schedule. for a first attempt but no later than thirty days. Where the repair referred to in the first subparagraph is not successful or possible due to safety, administrative, or technical considerations, the operators shall establish a repair and monitoring schedule for leaks above [20 g/h] no later than [30] days after detection. The repair and monitoring schedule referred to in the second subparagraph shall be set so that the found leakages are repaired without unnecessary delays and the environmental impact is minimized, while respecting the safety, administrative and technical considerations. The detailed procedures to do so will be described in the CEN standard or corresponding technical specification document referred in [new paragraph 1].
Amendment 607 #
2021/0423(COD)
Proposal for a regulation
Article 14 – paragraph 4 – subparagraph 3
Article 14 – paragraph 4 – subparagraph 3
Safety, administrative and technical considerations that do not allow immediate action, as referred to in the second and third subparagraph, shall be limited to taking into account: (a) safety to personnel and humans in proximity, environmental impacts, concentration of methane loss,humans and objects in proximity; (b) scheduled maintenance; (c) significant deterioration of the gas supply; (d) disproportionate impact on the gas supply to end users; (e) permitting processes requirement or required administrative authorization; (f) accessibility to component,; (g) availability of replacement of the componentparts necessary for the repair. Environmental impact considerations may include instances whereby repair could lead to a higher level of methanegreenhouse gas emissions than in the absence of the repair.
Amendment 621 #
2021/0423(COD)
Proposal for a regulation
Article 14 – paragraph 4 – subparagraph 4
Article 14 – paragraph 4 – subparagraph 4
Amendment 639 #
2021/0423(COD)
Proposal for a regulation
Article 14 – paragraph 5 – subparagraph 1
Article 14 – paragraph 5 – subparagraph 1
Notwithstanding paragraph 2, operators shall surveycheck for leakage components that were found to be emitting 500 parts per million or more of methane during any of the previous surveys as soon as possible after the repair carried outrepaired or replaced pursuant to paragraph 45, andimmediately if possible but no later than 15 days thereafter to ensure that the repair was successfule months.
Amendment 645 #
2021/0423(COD)
Proposal for a regulation
Article 14 – paragraph 5 – subparagraph 2
Article 14 – paragraph 5 – subparagraph 2
Amendment 654 #
2021/0423(COD)
Proposal for a regulation
Article 14 – paragraph 5 – subparagraph 3
Article 14 – paragraph 5 – subparagraph 3
Amendment 660 #
2021/0423(COD)
Proposal for a regulation
Article 14 – paragraph 6 – subparagraph 1
Article 14 – paragraph 6 – subparagraph 1
Without prejudice to the reporting obligations pursuant to paragraph 78, operators shall record all identified leaks, irrespective of their size, and shall continually survey them to ensure that they are repaired in accordance with paragraph 4.
Amendment 665 #
2021/0423(COD)
Proposal for a regulation
Article 14 – paragraph 7 – subparagraph 1
Article 14 – paragraph 7 – subparagraph 1
Amendment 677 #
2021/0423(COD)
Proposal for a regulation
Article 15 – paragraph 2 – introductory part
Article 15 – paragraph 2 – introductory part
2. Venting and flaring shall only be allowed in the following situations:
Amendment 687 #
2021/0423(COD)
Proposal for a regulation
Article 15 – paragraph 2 – point a
Article 15 – paragraph 2 – point a
(a) in case of an emergency, incidents or malfunction or where impacting safety or security of supply; and
Amendment 696 #
2021/0423(COD)
Proposal for a regulation
Article 15 – paragraph 2 a (new)
Article 15 – paragraph 2 a (new)
2 a. c) if vents are smaller than 50 kg of methane per event;
Amendment 699 #
2021/0423(COD)
Proposal for a regulation
Article 15 – paragraph 2 b (new)
Article 15 – paragraph 2 b (new)
2 b. environmental impact of mitigation measures is higher than the benefit.
Amendment 703 #
2021/0423(COD)
Proposal for a regulation
Article 15 – paragraph 3 – introductory part
Article 15 – paragraph 3 – introductory part
3. Venting and flaring under point (b) of paragraph 2 shall include the following specific situations where venting or flaring, as applicable, cannot be completely eliminated:
Amendment 715 #
2021/0423(COD)
(a) during normal operations of certain components including but not limited to pneumatic controllers, sampling for measurement devices and dry gas seals, provided that the equipment meets all the specified equipment standards and it is properly maintained and regularly inspected to minimise methane losses;
Amendment 720 #
2021/0423(COD)
Proposal for a regulation
Article 15 – paragraph 3 – point d
Article 15 – paragraph 3 – point d
(d) during loading out liquids from a storage tank or other low-pressure vessel to a transport vehicle in compliance with applicable standards and storage tank breathers;
Amendment 727 #
2021/0423(COD)
Proposal for a regulation
Article 15 – paragraph 3 – point e
Article 15 – paragraph 3 – point e
(e) during repair and, maintenance, test procedures including blowing down, purging and depressurizing equipment to perform repair and maintenance;
Amendment 731 #
2021/0423(COD)
Proposal for a regulation
Article 15 – paragraph 3 – point i
Article 15 – paragraph 3 – point i
(i) (i) where methane does not meet the gathering pipeline specifications, provided the operator analyses methane samples twice per week to determine whether the specifications have been achieved and routes the methane into a gathering pipeline as soon as the pipeline specifications are metn a mixture is vented that is off specifications, as a result of the gas processing;
Amendment 734 #
2021/0423(COD)
Proposal for a regulation
Article 15 – paragraph 3 – point j
Article 15 – paragraph 3 – point j
(j) during (re)commissioning of pipelines, facility equipment or facilitiegas storage wells, only for as long as necessary to purge introduced impurities from the pipeline or equipment;
Amendment 740 #
2021/0423(COD)
Proposal for a regulation
Article 15 – paragraph 3 a (new)
Article 15 – paragraph 3 a (new)
3 a. (m) vents from isolation valves used for segmentation of pipelines or compressor station isolation and emergency shutdown system;
Amendment 746 #
2021/0423(COD)
Proposal for a regulation
Article 15 – paragraph 3 b (new)
Article 15 – paragraph 3 b (new)
3 b. vents for elimination of blockage by gas hydrates in storage facilities.
Amendment 763 #
2021/0423(COD)
Proposal for a regulation
Article 15 – paragraph 4
Article 15 – paragraph 4
4. Where venting is allowed pursuant to paragraphs 2 (b) and 3, operators shall vent only in the following cases: (a) where flaring is not technically feasible or; (b) where risks endangering safety of operations or personnel.; (c) when flaring is not allowed by other legal obligations; In such a situation, as part of the reporting obligations set out in Article 16, operators shall demonstrate to the competent authorities the necessity to opt for venting instead of flaring.
Amendment 771 #
2021/0423(COD)
Proposal for a regulation
Article 15 – paragraph 5
Article 15 – paragraph 5
5. Flaring shall only be allowed where either re-injection or utilisation on- site or dispatch of the methane are not technically feasible or risks endangering safety of operations or personnel or security of supply. In specific case of routine flaring in production sites, it shall only be allowed where either re-injection, utilisation on-site or dispatch of the methane to a market are not feasible for reasons other than economic considerations. In such a situations, as part of the reporting obligations set out in Article 16.2, operators shall demonstrate to the competent authorities the necessity to opt for flaring instead of either re-injection, utilisation on-site or dispatch of the methane to a market.
Amendment 777 #
2021/0423(COD)
Proposal for a regulation
Article 15 – paragraph 5 a (new)
Article 15 – paragraph 5 a (new)
5 a. Where implementing venting or flaring provisions leads to an abatement efficiency lower than the reference values set by ACER as per Article34 of this Regulation, the operators must minimize the vented emissions by available efficient means and include the justification in the report according to Article 17.
Amendment 787 #
2021/0423(COD)
Proposal for a regulation
Article 15 – paragraph 5 b (new)
Article 15 – paragraph 5 b (new)
5 b. Where implementing venting or flaring provisions requires an approval of relevant authorities, permitting, procuring, sufficient availability of appropriate equipment on the market and installing new equipment, operators shall proceed at the fastest possible schedule. The competent authorities may request the details of the schedule and request modifications. For venting and flaring events that happen during the implementation period the competent authorities shall waive the penalties arising from Article 30.
Amendment 791 #
2021/0423(COD)
Proposal for a regulation
Article 15 – paragraph 5 c (new)
Article 15 – paragraph 5 c (new)
5 c. Where a site is built, replaced in whole or in part or refurbished, the new or renovated equipment or components should be installed to avoid/minimise venting and flaring according to relevant technology European Standards.
Amendment 802 #
2021/0423(COD)
Proposal for a regulation
Article 16 – paragraph 1 – subparagraph 1 – point a
Article 16 – paragraph 1 – subparagraph 1 – point a
(a) of more than [5,000 kg] of methane caused by an incident, emergency or a malfunction;
Amendment 805 #
2021/0423(COD)
Proposal for a regulation
Article 16 – paragraph 1 – subparagraph 1 – point b
Article 16 – paragraph 1 – subparagraph 1 – point b
Amendment 811 #
2021/0423(COD)
Proposal for a regulation
Article 16 – paragraph 1 – subparagraph 2
Article 16 – paragraph 1 – subparagraph 2
The notification referred to in the first subparagraph shall be made without any unnecessary delay after the event and at the latest within 48 hours from the start of the event. The requirements applicable for this notification will be in accordance to national or local legislation regarding notification of incidents, emergencies or othe moment the operator became aware of itr unusual occurrences, when already existing.
Amendment 815 #
2021/0423(COD)
Proposal for a regulation
Article 16 – paragraph 2
Article 16 – paragraph 2
2. Operators shall submit to the competent authorities quarterly reports of allinformation on venting and flaring events referred to in paragraph 1 and in Article 15 in accordance with the elements set out in Annex II, as part of each report referred to in Article 12.
Amendment 901 #
2021/0423(COD)
Proposal for a regulation
Article 22 – paragraph 1
Article 22 – paragraph 1
1. Venting and flaring with a destruction and removal efficiency below 98% of methane from drainage stations shall be prohibited from [1 January 2025], except in the case of an emergency, risks to safety, a malfunction or where unavoidable and strictly necessary for maintenance. In such cases, drainage station operators shall vent only if flaring is not technically feasible or risks endangering safety of operations or personnel. In such a situation, as part of the reporting obligations set out in Article 23, drainage station operators shall demonstrate to the competent authorities the necessity to opt for venting instead of flaring.
Amendment 907 #
2021/0423(COD)
Proposal for a regulation
Article 22 – paragraph 2
Article 22 – paragraph 2
2. Venting of methane through a mine ventilation shafts in coal mines emitting of more than 0.58 tonnes of methane/kilotonne of coal mined, other than coking coal mines, shall be prohibited from 1 January 2027.
Amendment 915 #
2021/0423(COD)
Proposal for a regulation
Article 22 – paragraph 3
Article 22 – paragraph 3
3. By … [tThree years from the date of entry into force of this Regulation]when coking coal is not classified as a critical raw material, the Commission shall adopt a delegated act in accordance with Article 31 to supplement this Regulation by setting out restrictions on venting methane from ventilation shafts for coking coal mines.
Amendment 1137 #
2021/0423(COD)
Proposal for a regulation
Annex VIII – paragraph 2 – point i
Annex VIII – paragraph 2 – point i
(i) where exporters or producers can be clearly identified, the name and address of exporter and, if different from exporter, name and address of producer;
Amendment 1141 #
2021/0423(COD)
Proposal for a regulation
Annex VIII – paragraph 2 – point ii
Annex VIII – paragraph 2 – point ii
(ii) country and regions corresponding to the Union nomenclature of territorial units for statistics (NUTS) level 1 where the energy was produced and, only for imports by pipelines, countries and corresponding to the Union nomenclature of territorial units for statistics (NUTS) level 1 through which the energy was transported until it was placed on the Union market;
Amendment 1143 #
2021/0423(COD)
Proposal for a regulation
Annex VIII – paragraph 2 – point iii
Annex VIII – paragraph 2 – point iii
(iii) as regards oil and fossil gas, and if the importer has access to this information, whether the exporter is undertaking measurement and reporting of its methane emissions, either independently or as part of commitments to report national GHG inventories in line with United Nations Framework Convention on Climate Change (UNFCCC) requirements, and whether it is in compliance with UNFCCC reporting requirements or in compliance with Oil and Gas Methane Partnership 2.0 standards. This must be accompanied by a copy of the latest report on methane emissions, including, where available, including the information referred to in Article 12(6), where provided in such report. The method of quantification (such as UNFCCC tiers or OGMP levels) employed in the reporting must should be specified for each type of emissions;
Amendment 1146 #
2021/0423(COD)
Proposal for a regulation
Annex VIII – paragraph 2 – point iv
Annex VIII – paragraph 2 – point iv
(iv) as regards oil and gas, and if the importer has access to this information, whether the exporter applies regulatory or voluntary measures to control its methane emissions, including measures such as leak detection and repair surveys or measures to control and restrict venting and flaring of methane. This must be accompanied by a description of such measures, including, where available, relevant reports from leak detection and repair surveys and from venting and flaring events with respect to the last available calendar year;
Amendment 34 #
2021/0406(COD)
Proposal for a regulation
Recital 5 a (new)
Recital 5 a (new)
(5 a) Some non-transparent commercial behaviours implemented by third countries show how trade dynamics could be also used as instruments of economic and political pressure against Member States, the European Union and its internal market.
Amendment 58 #
2021/0406(COD)
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
1. This Regulation lays down rules and procedures in order to ensure the effective protection of the interests of the Union and its Member States where a third country seeks, through measures affecting trade or investment, to coerce the Union or a Member State into adopting or refraining from adopting a particular act. This Regulation provides a framework for the Union to respond in such situations with the objective to deter, or have the third country desist from such actions, whilst permitting the Union, in the last resort, to counteract such actions and protecting the interests of the Union, the Member States and the internal market.
Amendment 60 #
2021/0406(COD)
Proposal for a regulation
Article 2 – paragraph 1 – indent 2
Article 2 – paragraph 1 – indent 2
— by applying or threatening to apply direct or indirect measures affecting trade or investment or the internal market.
Amendment 65 #
2021/0406(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point e a (new)
Article 2 – paragraph 2 – point e a (new)
(e a) the political and economic dimension of the third country exercising the interference, and the previous relations it had with the European Union and its member states.
Amendment 112 #
2021/0406(COD)
(a) where the economic coercion has ceasedeffectively ceased, even in its indirect forms;
Amendment 141 #
2021/0381(COD)
Proposal for a regulation
Title 1
Title 1
Proposal for a REGULATIONDIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on the transparency and targeting of political advertising (Text with EEA relevance) (This amendment applies throughout the text. Adopting it will necessitate corresponding changes throughout.)
Amendment 163 #
2021/0381(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) This situation leads to the fragmentation of the internal market, decreases legal certainty for providers of political advertising services preparing, placing, publishing or disseminating political advertisements, creates barriers to the free movement of related services, distorts competition in the internal market, including between offline andbetween online service providers, and requires complex compliance efforts and additional costs for relevant service providers.
Amendment 165 #
2021/0381(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) Member States should not maintain or introduce, in their national laws, provisions diverging fromin contrast with those laid down in this Regulation, in particular more or less stringent provisions to ensure a different level of transparency in political advertising. Full. The harmonisation of the transparency requirements linked to political advertisement increases legal certainty and reduces the fragmentation of the obligations that service providers meet in the context of political advertising.
Amendment 178 #
2021/0381(COD)
Proposal for a regulation
Recital 16
Recital 16
(16) The definition of political advertising should include advertising published or disseminated directly or indirectly by or published or disseminated directly or indirectly, upon financial remuneration, for or on behalf of a political actor. Since advertisements by, for or on behalf of a political actor cannot be detached from their activity in their role as political actor, they can be presumed to be liable to influence the political debate, except for messages of purely private or purely commercial nature.
Amendment 179 #
2021/0381(COD)
Proposal for a regulation
Recital 17
Recital 17
(17) The publication or dissemination by other actors of a message that is liable to influence the outcome of an election or referendum, legislative or regulatory process or voting behaviour should also constitute political advertising. In order to determine whether the publication or dissemination of a message is liable to influence the outcome of an election or referendum, a legislative or regulatory process or voting behaviour, account should be taken of all relevant factors such as the content of the message, the language used to convey the message, the context in which the message is conveyed, the objective of the message and the means by which the message is published or disseminated. Messages on societal or controversial issues may, as the case may be, be liable to influence the outcome of an election or referendum, a legislative or regulatory process or voting behaviour.
Amendment 193 #
2021/0381(COD)
Proposal for a regulation
Recital 21
Recital 21
(21) It is necessary to define political advertisement as an instance of political advertising. Advertisements include the means by which the advertising message is communicated, including in print, by broadcast media or via an online platforms service.
Amendment 207 #
2021/0381(COD)
Proposal for a regulation
Recital 30
Recital 30
(30) The transparency requirements should also not apply to the sharing of information through electronic communication services such as electronic message services or telephone calls, as long as no political advertising service is involved.
Amendment 239 #
2021/0381(COD)
Proposal for a regulation
Recital 44
Recital 44
(44) Information about the amounts spent on and the value of other benefits received in part or full exchange for political advertising services can usefully contribute to the political debate. It is necessary to ensure that an appropriate overview of political advertising activity can be obtained from the annual reports prepared by relevant political advertising publishers. To support oversight and accountability, such reporting should include information about expenditure on the targeting of political advertising in the relevant period, aggregated to campaign or candidate. To avoid disproportionate burdens, those transparency reporting obligations should not apply to enterprises qualifying under Article 3(1), (2) and (3) of Directive 2013/34/EU.
Amendment 256 #
2021/0381(COD)
Proposal for a regulation
Recital 58
Recital 58
(58) For the oversight of those aspects of this Regulation that do not fall within the competence of the supervisory authorities under Regulation (EU) 2016/679, Regulation (EU) 2018/725 Member States shouldmay designate competent authorities. To support the upholding of fundamental rights and freedoms, the rule of law, democratic principles and public confidence in the oversight of political advertising it is necessary that such authorities are structurally independent from external intervention or political pressure and are appropriately empowered effectively monitor and take the measures necessary to ensure compliance with this Regulation, in particular the obligations laid down in Article 7. Member States may designate, in particular, the national regulatory authorities or bodies under Article 30 of Directive 2010/13/EU of the European Parliament and of the Council13. _________________ 13 Directive 2010/13/EU of the European Parliament and of the Council of 10 March 2010 on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the provision of audiovisual media services (Audiovisual Media Services Directive) (OJ L 95, 15.4.2010, p. 1).
Amendment 264 #
2021/0381(COD)
Proposal for a regulation
Recital 66
Recital 66
Amendment 278 #
2021/0381(COD)
Proposal for a regulation
Article 1 – paragraph 2
Article 1 – paragraph 2
2. This Regulation shall apply to political advertising prepared, placed, promoted, published or disseminated online in the Union, or directed to individuals in one or several Member States, irrespective of the place of establishment of the advertising services provider, and irrespective of the means used.
Amendment 297 #
2021/0381(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 2 – introductory part
Article 2 – paragraph 1 – point 2 – introductory part
2. ‘political advertising’ means the preparation, placement, promotion, publication or dissemination, by any means, of a message: upon financial remuneration,of a message by, for or on behalf of a political actor, unless it is of a purely private or a purely commercial nature, which is liable to influence the outcome of an election or referendum, a legislative or regulatory process or voting behaviour.
Amendment 302 #
2021/0381(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 2 – point a
Article 2 – paragraph 1 – point 2 – point a
Amendment 304 #
2021/0381(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 2 – point b
Article 2 – paragraph 1 – point 2 – point b
Amendment 322 #
2021/0381(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 4 – point h
Article 2 – paragraph 1 – point 4 – point h
(h) any natural or legal person representing or acting, according to the provisions of its governing statute, on behalf of any of the persons or organisations in points (a) to (g), promoting the political objectives of any of those.
Amendment 341 #
2021/0381(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 9
Article 2 – paragraph 1 – point 9
9. ‘electoral period’ means the period preceding or during or immediately after an election or referendum in a Member State and during which the campaign activities are subject to specific rules;
Amendment 344 #
2021/0381(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 11
Article 2 – paragraph 1 – point 11
11. ‘political advertising publisher’ means a natural or legal person that, upon financial remuneration, broadcasts, makes available through an interface or otherwise brings to the online public domain political advertising through any medium;
Amendment 353 #
2021/0381(COD)
Proposal for a regulation
Article 3
Article 3
Amendment 354 #
2021/0381(COD)
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
1. Member States shall not maintain or introduce, on grounds related to transparency, provisions or measures diverging fromin contrast with those laid down in this Regulation.
Amendment 358 #
2021/0381(COD)
Proposal for a regulation
Article 3 a (new)
Article 3 a (new)
Article 3 a Exemption of micro-undertakings The obligations laid down in this Regulation shall not apply to micro- undertakings qualified under art. 3 (1) of Directive 2013/34/EU.
Amendment 441 #
2021/0381(COD)
Proposal for a regulation
Article 7 – paragraph 3
Article 7 – paragraph 3
3. Political advertising publishers shall make reasonable efforts to ensure that the information referred to in paragraph 1 and 2 is complete, and where they find this is not the case, they shall not make available the political advertisement.
Amendment 468 #
2021/0381(COD)
Proposal for a regulation
Article 7 – paragraph 8
Article 7 – paragraph 8
Amendment 482 #
2021/0381(COD)
Proposal for a regulation
Article 8 – paragraph 2
Article 8 – paragraph 2
2. Paragraph 1 shall not apply to undertakings that qualifying under as micro, small or medium-sized enterprises within the meaning of Article 3(3) of Directive 2013/34/EU.
Amendment 494 #
2021/0381(COD)
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
2. Information on how to notify political advertisements as referred to in paragraph 1 shall be user friendly and easy to access, including for people with disabilities, even from the transparency notice.
Amendment 547 #
2021/0381(COD)
Proposal for a regulation
Article 11 – paragraph 7 a (new)
Article 11 – paragraph 7 a (new)
7a. Any information provided pursuant to this article may only be used in the context for which it was requested i.e. for the purpose specified in the request made to the provider of political advertising services by the entity referred to in paragraph 2.
Amendment 564 #
2021/0381(COD)
Proposal for a regulation
Article 12 – paragraph 6
Article 12 – paragraph 6
6. Information to be provided in accordance with this provision shall be presented in a format which is easily accessible and, where technically feasible, machine readable , clearly visible and user- friendly, including for people with disabilities, even through the use of plain language.
Amendment 566 #
2021/0381(COD)
Proposal for a regulation
Article 12 – paragraph 8
Article 12 – paragraph 8
Amendment 584 #
2021/0381(COD)
Proposal for a regulation
Article 15 – paragraph 2
Article 15 – paragraph 2
2. Member States shall designate competent authorities to monitor the compliance of providers of intermediary services within the meaning of Regulation (EU) 2021/xxx [DSA] with the obligations laid down in Articles 5 to 11 and 14 of this Regulation, where applicable. The competent authorities designated under Regulation (EU) 2021/xxx [Digital Services Act] may also be one of the competent authorities designated to monitor the compliance of online intermediaries with the obligations laid down in Articles 5 to 11 and 14 of this Regulation. The Digital Services Coordinator referred to in Article 38 of Regulation (EU) 2021/xxx in each Member State shall be responsible for ensuring coordination at national level in respect of providers of intermediary services as defined by Regulation (EU) 2021/xxx [Digital Services Act]. Article 45(1) to (4) and Article 46(1) of Regulation (EU) 2021/xxx [Digital Services Act] shall be applicable for matters related to the application of this Regulation as regards providers of intermediary services.
Amendment 592 #
2021/0381(COD)
Proposal for a regulation
Article 15 – paragraph 3
Article 15 – paragraph 3
3. Each Member State shallmay designate one or more competentther authorities to be responsible for the application and enforcement of the aspects of this Regulation not referred to in paragraphs 1 and 2. Each competent authority designated under this paragraph shall structurally enjoy full independence both from the sector and from any external intervention or political pressure. It shall in full independence effectively monitor and take the measures necessary and proportionate to ensure compliance with this Regulation.
Amendment 598 #
2021/0381(COD)
Proposal for a regulation
Article 15 – paragraph 4
Article 15 – paragraph 4
4. Competent authorities referred to in paragraph 3, where exercising their supervisory tasks in relation to this Regulation, shall have the power to request to access data, documents or any necessary information from providers of political advertising services for the performance of their supervisory tasks.
Amendment 600 #
2021/0381(COD)
Proposal for a regulation
Article 15 – paragraph 5 – introductory part
Article 15 – paragraph 5 – introductory part
5. Competent authorities referred to in paragraph 3, where exercising their enforcement powers in relation to this Regulation, shall have the power to:
Amendment 617 #
2021/0381(COD)
Proposal for a regulation
Article 15 – paragraph 8 – introductory part
Article 15 – paragraph 8 – introductory part
8. Where a provider of political advertising services is providing services in more than one Member State, or has its main establishment or a representative in a Member State but provides its main activities in another Member State, theeach competent authority of the Member State of the main establishment or other establishment or of the represenwhere the services are being provided shall be considered competent for applying supervisory or enforcement measures. The authorities of the different Member States shall cooperate and provide each other with support if necessary. Unless already provided for under EU law, a competent authority may request, via the contact point referred to in paragraph 7, in a substantive, and ated, justified and proportionate manner, that another competent authorities of those other Member States shall cooperate with and assist each other as necessary. Unless already regulated by Union law,y, where it is better placed, take the supervisory or enforcement measures referred to in paragraphs 4 and 5; The relevant competent authority so requested shall, via the contact points referred to in paragraph 7 and within a time frame proportionate to the urgency of the request, provide a response or inform that it does not consider that the conditions for requesting assistance under this Regulation have been met. Any information exchanged in thate cooperation shall entail, at least, the following: ntext of the request for assistance and provided under this article shall only be used in the context of the matter for which it was requested.
Amendment 618 #
2021/0381(COD)
Proposal for a regulation
Article 15 – paragraph 8 – point a
Article 15 – paragraph 8 – point a
Amendment 622 #
2021/0381(COD)
Proposal for a regulation
Article 15 – paragraph 8 – point b
Article 15 – paragraph 8 – point b
Amendment 625 #
2021/0381(COD)
Proposal for a regulation
Article 15 – paragraph 8 – point c
Article 15 – paragraph 8 – point c
Amendment 631 #
2021/0381(COD)
Proposal for a regulation
Article 15 – paragraph 9
Article 15 – paragraph 9
9. Contact points shall meetexchange information periodically at Union level in the framework of the European Cooperation Network on Elections to facilitate the swift and secured exchange of information on issues connected to the exercise of their supervisory and enforcements tasks pursuant to this Regulation.
Amendment 637 #
2021/0381(COD)
Proposal for a regulation
Article 16 – paragraph 1
Article 16 – paragraph 1
1. In relation to Articles 5 to 11, 13 and 14 Member States shall lay down rules on sanctions including administrative fines and financial penalties applicable to providers of political advertising services under their jurisdiction and under the applicable data protection legislation, where appropriate, for infringements of the present Regulation, which shall in each individual case be effective, proportionate and dissuasive.
Amendment 665 #
2021/0381(COD)
Proposal for a regulation
Article 19 a (new)
Article 19 a (new)
Amendment 666 #
2021/0381(COD)
Proposal for a regulation
Article 20 – paragraph 2
Article 20 – paragraph 2
Amendment 667 #
2021/0381(COD)
Proposal for a regulation
Article 20 – paragraph 3
Article 20 – paragraph 3
Amendment 95 #
2021/0293(COD)
Proposal for a decision
Recital 4
Recital 4
(4) The Commission’s Communication on the European Green Deal35 emphasised that Europe should leverage the potential of the digital transformation, which is considered a key enabler for reaching the Green Deal objectives. The Union should promote and invest in the necessary digital transformation as digital technologies are a critical enabler for attaining the sustainability goals of the Green Deal in many different sectors, always bearing in mind the effects, especially employment, of which this digital transformation will be the cause. Digital technologies such as artificial intelligence, 5G, cloud and edge computing and the internet of things can accelerate and maximise the impact of policies to deal with climate change and protect the environment, despite the repercussions on employment policies not yet estimated by the European institutions. Digitalisation also presents new opportunities for distance monitoring of air and water pollution, or for monitoring and optimising how energy and natural resources are used. Europe needs a digital sector that puts sustainability at its heart, ensuring that digital infrastructures and technologies become verifiably more sustainable and energy- and resource efficient, and contribute to a sustainable circular and climate-neutral economy and society in line with the European Green Deal. . _________________ 35 Communication from the Commission to the European Parliament, the European Council, the Council, the European Economic and Social Committee and the Committee of the Regions “The European Green deal”, 11.12.2019, COM/2019/640 final.
Amendment 101 #
2021/0293(COD)
Proposal for a decision
Recital 5
Recital 5
(5) The measures envisaged in the Digital Compass Communication should be implemented, to intensify actions defined in the strategy for Shaping Europe’s digital future, and building on existing Union instruments (such as Cohesion programmes, the Technical Support Instrument, Regulation (EU) 2021/694 of the European Parliament and of the Council36 , Regulation (EU) 2021/695 of the European Parliament and of the Council37 and Regulation (EU) 2021/523 of the European Parliament and of the Council38 ) and on the funds allocated for digital transition of Regulation (EU) 2021/241 of the European Parliament and of the Council39 making use, where appropriate, of synergies between the Union and national funds. By this Decision, a Policy Programme “Path to the Digital Decade” should therefore be established in order to achieve, accelerate and shape a successful digital transformation of the Union’s economy and society. _________________ 36 Regulation (EU) 2021/694 of the European Parliament and of the Council of 29 April 2021 establishing the Digital Europe Programme and repealing Decision (EU) 2015/2240 (OJ L 166, 11.5.2021, p. 1). 37 Regulation (EU) 2021/695 of the European Parliament and of the Council of 28 April 2021 establishing Horizon Europe – the Framework Programme for Research and Innovation, laying down its rules for participation and dissemination, and repealing Regulations (EU) No 1290/2013 and (EU) No 1291/2013 (OJ L 170, 12.5.2021, p. 1). 38 Regulation (EU) 2021/523 of the European Parliament and of the Council of 24 March 2021 establishing the InvestEU Programme and amending Regulation (EU) 2015/1017 ( OJ L 107, 26.3.2021, p. 30). 39 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 114 #
2021/0293(COD)
Proposal for a decision
Recital 7
Recital 7
(7) Digital skills, basic and advanced, are essential to reinforce the collective resilience of the Union’s society. Digitally empowered and capable citizens will be able to take advantage of the opportunities of the Digital Decade. Moreover, digital training and education, through education and vocational training and retraining, should support a workforce in which people can acquire specialised digital skills to get quality jobs and rewarding careers in much greater numbers than today, with convergence between women and men. In addition, an essential enabler for taking advantage of the benefits of digitisation, for further technological developments and for Europe’s digital leadership is a sustainable digital infrastructure for connectivity, microelectronics and the ability to process vast data. Excellent and secure connectivity for everybody and everywhere in Europe including in rural and remote areas40 is needed. Societal needs for upload and download bandwidth are constantly growing increasing the investment gap needed to meet these requirements. By 2030, networks with gigabit speeds should become available at accessible conditions for all those who need or wish such capacity. Moreover, microprocessors which are already today at the start of most of the key, strategic value chains are expected to be in even higher demand in the future, in particular the most innovative ones. Climate neutral highly secure edge node guaranteeing access to data services with low latency wherever businesses are located and quantum capacity are also expected to be critical enablers. _________________ 40 Long-term Vision for the EU’s Rural Areas. COM(2021) 345 final.
Amendment 130 #
2021/0293(COD)
Proposal for a decision
Recital 9
Recital 9
(9) Democratic life and public services will also crucially depend on digital technologies and therefore they should be fully accessible for everyone, including vulnerable people or people in vulnerable areas, as a best–in- class digital environment providing for easy-to-use, efficient and personalised services and tools with high security and privacy standards.
Amendment 152 #
2021/0293(COD)
Proposal for a decision
Recital 19
Recital 19
(19) The Commission should, together with Member States, develop projected trajectories for the Union to reach the digital targets as laid down in this Decision. These projected trajectories should then be translated by Member States into national trajectories, where possible. The different potential of Member States to contribute to the digital targets should be taken into account and reflected in national trajectories. These trajectories should help assess progress over time at Union and national level respectively and should take into account any negative effects produced along the process of achieving the digital goals.
Amendment 157 #
2021/0293(COD)
Proposal for a decision
Recital 22
Recital 22
(22) Since spectrum is essential to achieve the digital targets, and in particular a secure, performant and sustainable digital infrastructure, Member States should also report on their adopted and future policies and measures regarding the availability and possibility to use radio spectrum for existing users and prospective investors and operators. Without prejudice to the possibility for the Commission to propose new strategic spectrum policy orientations or mechanisms under Article 4 (4) of Directive (EU) 2018/1972 of the European Parliament and of the Council43 appropriate guidance could be provided by the Commission in that regard in order to meet the general objectives and digital targets laid down in this Decision. _________________ 43 Directive (EU) 2018/1972 of the European Parliament and of the Council of 11 December 2018 establishing the European Electronic Communications Code (OJ L 321, 17.12.2018, p. 36).
Amendment 176 #
2021/0293(COD)
Proposal for a decision
Recital 30
Recital 30
(30) Multi-Country Projects involving several Member States should allow for large-scale intervention in key areas necessary for the achievement of the digital targets, notably by pooling resources from the Union, Member States, and where appropriate private sources. They should be implemented in a coordinated manner, in close cooperation between the Commission and Member States. For that reason, the Commission should play a central role in accelerating the deployment of Multi-Country Projects through the identification of Multi- Country projects ready for implementation among the projects categories indicatively included in Annex, in advising Member States on the choice of implementation mechanism, on the choice of the sources of funding and their combination, on other strategic matters related to the implementation of those projects, and on the selection of a European Digital Infrastructure Consortium (EDIC) as an implementation mechanism, where appropriate.
Amendment 182 #
2021/0293(COD)
Proposal for a decision
Recital 34
Recital 34
(34) The Commission should be able to establish, upon Member States’ application, and where it considers it appropriate, in particular in the situations where there is no alternative suitable implementation mechanism, a European Digital Infrastructure Consortium (‘EDIC’) to implement that Multi-Country Project. This creation should take place without further burdening the budgets of the Member States.
Amendment 207 #
2021/0293(COD)
Proposal for a decision
Article 2 – paragraph 1 – point b a (new)
Article 2 – paragraph 1 – point b a (new)
(b a) foster the retraining of Union citizens who will be affected by the digital transformation, guaranteeing them the opportunity to acquire and maintain new skills and competences in the digital sector;
Amendment 213 #
2021/0293(COD)
Proposal for a decision
Article 2 – paragraph 1 – point c
Article 2 – paragraph 1 – point c
(c) ensure digital sovereignty notably by a secure and accessible digital infrastructure capable to process vast volumes of data that enables other technological developments, supporting the competitiveness of the Union's industry, in particular of SMEs;
Amendment 234 #
2021/0293(COD)
Proposal for a decision
Article 2 – paragraph 1 – point f
Article 2 – paragraph 1 – point f
(f) ensure that digital infrastructures and technologies become more sustainable and energy- and resource efficient, and contribute to a sustainable circular and climate-neutral economy and society in line with the European Green Deal;
Amendment 245 #
2021/0293(COD)
Proposal for a decision
Article 2 – paragraph 1 – point g
Article 2 – paragraph 1 – point g
(g) facilitate fair and convergent conditions for investments in digital transformation throughout the Union, including by strengthening the synergies between the use of Union and national funds, and developing predictable regulatory approaches;
Amendment 271 #
2021/0293(COD)
Proposal for a decision
Article 4 – paragraph 1 – point 1 – point a
Article 4 – paragraph 1 – point 1 – point a
(a) at least 80% of those aged 16-74 have at least basic digital skills, including people who have started a retraining process;
Amendment 280 #
2021/0293(COD)
Proposal for a decision
Article 4 – paragraph 1 – point 2 – point a
Article 4 – paragraph 1 – point 2 – point a
(a) coverage of all European households are covered by a Gigabit network, with all populated areas covered by 5Gby an ultrafast gigabit network, by encouraging the deployment of combinations of hybrid and/or complementary technologies that are necessary to achieve global coverage, and in particular in rural and remote areas;
Amendment 289 #
2021/0293(COD)
Proposal for a decision
Article 4 – paragraph 1 – point 2 – point c
Article 4 – paragraph 1 – point 2 – point c
(c) at least 10 000 climate neutral highly secure “edge nodes” are deployed in the Union, distributed in a way that guarantees reliable access to data services with low latency (few milliseconds) wherever businesses are located;
Amendment 302 #
2021/0293(COD)
Proposal for a decision
Article 4 – paragraph 1 – point 3 – point b
Article 4 – paragraph 1 – point 3 – point b
(b) more than 90% of Union Small and Medium Enterprises (‘SME’) reach at least a basic level of digital intensity, with particular attention to SMEs present in rural areas, often disadvantaged by the distance from urban areas;
Amendment 313 #
2021/0293(COD)
Proposal for a decision
Article 4 – paragraph 1 – point 4 – point a
Article 4 – paragraph 1 – point 4 – point a
(a) 100% online accessible provision of key public services for Union citizens and businesses that fully respect requisites in terms of security and confidentiality;
Amendment 317 #
2021/0293(COD)
Proposal for a decision
Article 4 – paragraph 1 – point 4 – point b
Article 4 – paragraph 1 – point 4 – point b
(b) 100% of Union citizens have access to their medical records (electronic health records (EHR)) complying with confidentiality and data management requirements;
Amendment 326 #
2021/0293(COD)
Proposal for a decision
Article 4 – paragraph 1 – point 4 – point c
Article 4 – paragraph 1 – point 4 – point c
(c) at least 80% of Union citizens use a secure digital identification (ID) solution.
Amendment 383 #
2021/0293(COD)
Proposal for a decision
Article 11 – paragraph 1
Article 11 – paragraph 1
(1) The Commission shall closely and continuously cooperate with private and public stakeholders, including social partners, to collect information and develop recommended policies, measures and actions for the purposes of the implementation of this Decision.
Amendment 386 #
2021/0293(COD)
Proposal for a decision
Article 11 – paragraph 2
Article 11 – paragraph 2
(2) The Member States shall cooperate and consult with private and public stakeholders, including social partners, in line with the national legislation, when adopting their national Digital Decade strategic roadmaps and their adjustments.
Amendment 398 #
2021/0293(COD)
Proposal for a decision
Article 12 – paragraph 2 – point e a (new)
Article 12 – paragraph 2 – point e a (new)
(e a) fostering the digital skills of Union citizens and workers through retraining in order to prepare them for the demands of the digital world of work;
Amendment 406 #
2021/0293(COD)
Proposal for a decision
Article 12 – paragraph 5 a (new)
Article 12 – paragraph 5 a (new)
(5 a) Multi-country projects shall respect the principles of technology neutrality and sustainability in the allocation of funds and shall encourage the deployment of hybrid and/or complementary technology combinations to achieve the digital goals.
Amendment 61 #
2021/0291(COD)
Proposal for a directive
Recital 1
Recital 1
(1) One of the objectives of Directive 2014/53/EU of the European Parliament and of the Council11 is to guarantee the proper functioning of the internal market. Pursuant to Article 3(3), point (a), of that Directive, one of the essential requirements that radio equipment must fulfil is that it interoperates with accessories, in particular with common chargers. In that respect, recital (12) of Directive 2014/53/EU indicates that the interoperability between radio equipment and accessories such as chargers simplifies the use of radio equipment and reduces unnecessary waste and costs, in particular for the benefit of consumers and other end-users. __________________ 11 Directive 2014/53/EU of the European Parliament and of the Council of 16 April 2014 on the harmonisation of the laws of the Member States relating to the making available on the market of radio equipment and repealing Directive 1999/5/EC (OJ L 153, 22.5.2014, p. 62).
Amendment 64 #
2021/0291(COD)
Proposal for a directive
Recital 2
Recital 2
(2) Since 2009, efforts have been deployed at Union level to limit the fragmentation of the charging interfaces for mobile phones and similar items of radio equipment. RSuch initiatives have already been successful to a certain extent, allowing for a shift in the number of charging solutions from thirty to only few predominant options. Nevertheless, most recent voluntary initiatives do not fully meet Union harmonisation policy objectives, which seek to reduce electronic waste (e-waste), ensure consumer convenience and avoid fragmentation of the market for charging devices.
Amendment 72 #
2021/0291(COD)
Proposal for a directive
Recital 5 a (new)
Recital 5 a (new)
(5a) The growing tendency for multi- device ownership along with short lifecycles of some radio equipment and the absence of clear labelling have triggered in recent years a number of problems for consumers as the inability to charge certain devices, inaccessibility to compatible charges, confusion and product safety issues, in particular for end-users affected by disabilities.
Amendment 77 #
2021/0291(COD)
Proposal for a directive
Recital 6
Recital 6
(6) The interoperability between radio equipment and accessories such as chargers is hampered as there are different charging interfaces for certain categories or classes of radio equipment that use wired charging such as handheld mobile phones, tablets, digital cameras, headphones or headsets, handheld videogame consoles and portable speakers. In addition, there are several types of fast charging communication protocols for which a minimum level of performance is not always guaranteed. As a result, Union action is required to promote a common degree of interoperability and the provision of clear and easy to understand information relating to the charging characteristics of radio equipment to end-users. It is therefore necessary to introduce suitable requirements in Directive 2014/53/EU regarding the charging communication protocols, the charging interface (i.e. charging receptacle) of certain categories or classes of radio equipmentradio equipment operating with power delivery of up to or less than 100 watts, as well as the information to be provided to end-users regarding the charging characteristics of those categories or classes ofoncerned radio equipment.
Amendment 84 #
2021/0291(COD)
Proposal for a directive
Recital 9
Recital 9
(9) It is therefore necessary to harmonise the charging interface and charging communication protocols for specific categories or classes of radio equipment that areradio equipment operating with power delivery of up to or less than 100 watts and recharged via wired charging. It is also necessary to provide the basis for adaption to any future technological progress by introducing aor market development, which shall continuously be monitored by the Commission in close cooperation with Members States and relevant stakeholders. In particular the harmonisation of the charging interfaces and the charging communication protocols should in future be considered with respect to radio equipment that may be charged via any means other than wired charging including charging via radio waves (wireless charging). Such harmonisation should reducefollow a thorough impact assessment confirming that wireless charging technology or technology that uses other means than wired charging has stabilised its efficiency and use within the internal market. The future adaption of harmonisation should continue to pursue the objectives of reducing environmental waste, ensureing consumer convenience and avoiding fragmentation of the market among different charging interfaces and charging communication protocols as well as among any initiatives at national level, which might cause barriers to trade in the internal market.
Amendment 89 #
2021/0291(COD)
Proposal for a directive
Recital 10
Recital 10
(10) Such harmonisation would be however incomplete, if it is not combined with requirements regarding the combined sale of radio equipment and their chargers and information to be provided to end- users. A fragmentation of approaches among the Member States with respect to the marketing of the categories or classes of radio equipment concerned and their charging devices would hamper the cross- border trade in those products, for example by obliging economic operators to repackage their products depending on the Member State, in which the products are to be supplied. This would in turn result in increased inconvenience for consumers and would generate unnecessary e-waste thus offsetting the benefits derived from the harmonisation of the charging interface and charging communication protocol. It is therefore necessary to impose requirements on manufacturers, at least for a transitional period, to ensure that end- users are not obligedoffered the option to purchase a new charging device with each purchase of a new mobile phone or similar item of radio equipment without a charging device. Unbundling should in future be converted to default practice provided that the Commission has established, in consultation with the Single Market Enforcement Taskforce and relevant stakeholders, that consumers are supplied with a safe and state-of-the-art common charging solution, which is not financially disadvantageous. A smooth transitioning to mandatory unbundling will foster out-of-box experiences for consumers, leading ultimately to e-waste reduction. To ensure the effectiveness of such requirements, end- users should receive the necessary information regarding the charging characteristics when purchasing a mobile phone or similar item of radio equipment. A dedicated pictogram, placed in a prominent position on the product, should enable consumers to determine whether or not a charging device is included with the radio equipment before the purchase. The above-mentioned information requirements should be displayed in case of all forms of supply, including distance selling.
Amendment 102 #
2021/0291(COD)
Proposal for a directive
Recital 13
Recital 13
(13) With respect to charging by means other than wired charging, divergent solutions may be developed in the future, which may have negative impacts on interoperability, consumer convenience and the environment. Whilst it is premature to impose specific requirements on such solutions at this stage, the Commission should be able to take action towards harmonising them in the future,, following a thorough impact assessment, towards harmonising them within five years of entry into force of this Directive if fragmentation on the internal market is observed.
Amendment 107 #
2021/0291(COD)
Proposal for a directive
Recital 14
Recital 14
(14) Article 3 of Directive 2014/53/EU should be amended in order to cover charging interfaces and charging communication protocols. The categories or classes of radio equipment specifically covered by this new provision should be further detailed in a new annex to Directive 2014/53/EU.
Amendment 109 #
2021/0291(COD)
Proposal for a directive
Recital 16
Recital 16
(16) Article 10(8) of Directive 2014/53/EU provides for information to be included in the instructions for use and so additional information requirements should be inserted in that Article. The details of the new requirements should be specified in the new annex to Directive 2014/53/EU. Those information requirements wouldCertain elements of information should also be displayed by means of visual and consumer-friendly representation. A dedicated label indicating charging capabilities and compatible chargers will enable consumers to determine the most appropriate external power supply (EPS) needed to charge their radio equipment. It should be possible to adapt thosesuch information requirements in the future in order to reflect any changes to the labelling requirements for EPS, which may be introduced under Directive 2009/125/EC of the European Parliament and of the Council14 . __________________ 14 Directive 2009/125/EC of the European Parliament and of the Council of 21 October 2009 establishing a framework for the setting of ecodesign requirements for energy-related products (OJ L 285, 31.10.2009, p. 10).
Amendment 113 #
2021/0291(COD)
Proposal for a directive
Recital 18 a (new)
Recital 18 a (new)
(18a) Despite this Directive not affecting product safety per se but interoperability requirements, the existence of a significant market for counterfeit charging devices raises serious concerns, particularly in regard to online and distance selling. European consumers should be able to safely purchase stand- alone charging devices online, regardless of whether these have been produced in the Union or not. Market surveillance authorities should therefore be ensured the procedural means to enforce newly introduced requirements on charging protocols and interoperability aspects, in particular towards online platforms allowing distance contracts with third- country traders.
Amendment 116 #
2021/0291(COD)
Proposal for a directive
Recital 19
Recital 19
(19) In order to address any future developments in charging technology and to ensure the minimum common interoperability between radio equipment and the charging devices for such radio equipment, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission to amend the categories or classes ofpower delivery requirement of concerned radio equipment and the specifications regarding the charging interfaces and charging communication protocols, as well as the details on the information in relation to charging. 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 Inter- institutional Agreement on Better Law- Making of 13 April 201615 . In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States' experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts. __________________ 15 OJ L 123, 12.5.2016, p. 1.
Amendment 122 #
2021/0291(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 1 – point b
Article 1 – paragraph 1 – point 1 – point b
Directive 2014/53/EU
Article 3 – paragraph 4 – subparagraph 1
Article 3 – paragraph 4 – subparagraph 1
Radio equipment falling within the categories or classes specified in Annex Ia, Part I shall be so constructed that it complies with the specifications on charging capabilities set out in that Annex for the relevant category or class of radio equipment.
Amendment 126 #
2021/0291(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 1 – point b
Article 1 – paragraph 1 – point 1 – point b
Directive 2014/53/EU
Article 3 – paragraph 4 – subparagraph 2 – introductory part
Article 3 – paragraph 4 – subparagraph 2 – introductory part
With respect to radio equipment capable of being recharged via wired charging, the Commission is empowered to adopt delegated acts in accordance with Article 44 to amend Annex Ia in the light of technical progress or market developments, and to ensure the minimum common interoperability between radio equipment and their charging devices, by:
Amendment 129 #
2021/0291(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 1 – point b
Article 1 – paragraph 1 – point 1 – point b
Directive 2014/53/EU
Article 3 – paragraph 4 – subparagraph 2 – point a
Article 3 – paragraph 4 – subparagraph 2 – point a
(a) modifying, adding or removing categories or classes of radio equipment the power delivery requirement of radio equipment falling under the scope of this Directive;
Amendment 134 #
2021/0291(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 1 – point b
Article 1 – paragraph 1 – point 1 – point b
Directive 2014/53/EU
Article 3 – paragraph 4 – subparagraph 2 – point b
Article 3 – paragraph 4 – subparagraph 2 – point b
(b) modifying, adding or removing technical specifications, including references and descriptions, in relation to the charging receptacle(s) and charging communication protocol(s), for each category or class of radio equipment concerned.’
Amendment 138 #
2021/0291(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 1 – point b
Article 1 – paragraph 1 – point 1 – point b
Directive 2014/53/EU
Article 3 – paragraph 4 – subparagraph 3 – introductory part
Article 3 – paragraph 4 – subparagraph 3 – introductory part
With respect to radio equipment capable of being recharged via means other than wired charging, the Commission is empowered to adopt delegated acts within five years of entry into application of this Directive in accordance with Article 44 in order to amend Annex Ia in the light of technical progress or market developments, and to ensure the minimum common interoperability between radio equipment and their charging devices, by:
Amendment 156 #
2021/0291(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Economic operators shall provide information whether or not a charging device is included with radio equipment referred to in Article 3(4) when such equipment is made available to consumers and end-users. Such information shall be displayed by means of visual elements and placed in a prominent position, in case of all forms of supply, on the product packaging.
Amendment 160 #
2021/0291(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive 2014/53/EU
Article 10 – paragraph 8 – subparagraph 3
Article 10 – paragraph 8 – subparagraph 3
‘Radio equipment falling within the scope of Article 3(4) first subparagraph shall also be accompanied by information on specifications relating to charging capabilities and to its charging device, as described in Annex Ia, Part II. In addition to being included in the instructions accompanying the radio equipment, the information shall also be displayed by means of labelling. The label shall be placed in a prominent position, in case of all forms of supply, on the product packaging. The Commission is empowered to adopt delegated acts in accordance with Article 44 in order to amend Annex Ia, Part II, by introducing, modifying, adding or removing any details in relation to that information or the way that such information shall be indicated.’;
Amendment 169 #
2021/0291(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 6 – point a
Article 1 – paragraph 1 – point 6 – point a
Directive 2014/53/EU
Article 43 – paragraph 1 – point h
Article 43 – paragraph 1 – point h
(a) in point (h), the words ‘information on the intended use of radio equipment’ are replaced by the words ‘the information’; is replaced by the following: ‘the information, the EU declaration of conformity or usage restrictions as set out in Article 10(8), (9) and (10) does not accompany the radio equipment or the pictogram set out in Article 3a(2) or the label set out in Article 10(8), third subparagraph, are not displayed’.
Amendment 185 #
2021/0291(COD)
Proposal for a directive
Annex I
Annex I
Directive 2014/53/EU
Annex I a – Part 1 – paragraph 1 – introductory part
Annex I a – Part 1 – paragraph 1 – introductory part
1. Hand-held mobile phones, tablets, digital cameras, headphones, headsets, handheld videogame consoles and portable speakerRadio equipment falling under the scope of this Directive and operating with power delivery of up to or less than 100 watts, in so far as they are capable of being recharged via wired charging, shall:
Amendment 190 #
2021/0291(COD)
Proposal for a directive
Annex I
Annex I
Directive 2014/53/EU
Annex I a – Part 1 – paragraph 1 – point b
Annex I a – Part 1 – paragraph 1 – point b
(b) be capable, in the case of charging power lower than 6100 watts, of being charged with cables which comply with the standard EN IEC 62680-1-3:2021 ‘Universal serial bus interfaces for data and power - Part 1-3: Common components - USB Type-CTM Cable and Connector Specification’.
Amendment 194 #
2021/0291(COD)
Proposal for a directive
Annex I
Annex I
Directive 2014/53/EU
Annex I a – Part I – paragraph 2 – introductory part
Annex I a – Part I – paragraph 2 – introductory part
2. Hand-held mobile phones, tablets, digital cameras, headphones, headsets, handheld videogame consoles and portable speakerRadio equipment falling under the scope of this Directive and operating with power delivery of up to or less than 100 watts, in so far as they are capable of being recharged via wired charging at voltages higher than 5 volts or currents higher than 3 amperes or powers higher than 15 watts, shall:
Amendment 116 #
2021/0218(COD)
Proposal for a directive
Recital 4
Recital 4
(4) There is a growing recognition of the need for alignment of bioenergy policies with the cascading principle of biomass use11, with a view to ensuring fair access to the biomass raw material market for the development of innovative, high value-added bio-based solutions and a sustainable circular bioeconomy. When developing support schemes for bioenergy, Member States should therefore take into consideration the available sustainable supply of biomass for energy and non- energy uses and the maintenance of the national forest carbon sinks and ecosystems as well as the principles of the circular economy and the biomass cascading use, and the waste hierarchy established in Directive 2008/98/EC of the European Parliament and of the Council12 . For this, they should grant no support to the production of energy from saw logs, veener logs, stumps and roots and avoid promoting the use of quality roundwood for energy except in well-defined circumstances. In line with the cascading principle, woody biomass should be used according to its highest economic and environmental added value in the following order of priorities: 1) wood-based products, 2) extending their service life, 3) re-use, 4) recycling, 5) bio-energy and 6) disposal. Where no other use for woody biomass is economically viable or environmentally appropriate, energy recovery helps to reduce energy generation from non- renewable sources. Member States’ support schemes for bioenergy should therefore be directed to such feedstocks for which little market competition exists with the material sectors, and whose sourcing is considered positive for both climate and biodiversity, in order to avoid negative incentives for unsustainable bioenergy pathways, as identified in the JRC report ‘The use of woody biomass for energy production in the EU’13. On the other hand, in defining the further implications of the cascading principle, it is necessary to recognise the national specificities which guide Member States in the design of their support schemes. Waste prevention, reuse and recycling of waste should be the priority option. Member States should avoid creating support schemes which would be counter to targets on treatment of waste and which would lead to the inefficient use of recyclable waste. Moreover, in order to ensure a more efficient use of bioenergy, from 2026 on Member States should not givemay grant support anymore to electricity-only plants , unless the installations are in regions with a specific use status as regards their transition away from fossil fuels or if the installations use carbon capture and storageprovided that specific sustainability and energy efficiency criteria are applied (at least 50% cogeneration, fuel from sustainable forest management at territorial level, installations with electrical capacity no higher than10 MW equipped with appropriate filtering systems). __________________ 11 The cascading principle aims to achieve resource efficiency of biomass use through prioritising biomass material use to energy use wherever possible, increasing thus the amount of biomass available within the system. In line with the cascading principle, woody biomass should be used according to its highest economic and environmental added value in the following order of priorities: 1) wood-based products, 2) extending their service life, 3) re-use, 4) recycling, 5) bio-energy and 6) disposal. 12 Directive 2008/98/EC of the European Parliament and of the Council of 19 November 2008 on waste and repealing certain Directives (OJ L 312, 22.11.2008, p. 3). 13 https://publications.jrc.ec.europa.eu/reposit ory/handle/JRC122719
Amendment 117 #
2021/0218(COD)
Proposal for a directive
Recital 5
Recital 5
(5) The rapid growth and increasing cost-competitiveness of renewable electricity production can be used to satisfy a growing share of energy demand, for instance using heat pumps for space heating or low-temperature industrial processes, electric vehicles for transport, or electric furnaces in certain industries. Renewable electricity can also be used to produce synthetic fuelsrenewable fuels of non-biological origin for consumption in hard-to- decarbonise transport sectors such as heavy duty transport including aviation and, maritime transport. A framework for electrification and electricity generation as well as industries that need high temperature heat. A framework for achieving climate neutrality needs to enable robust and efficient coordination and expand market mechanisms to match both supply and demand in space and time, stimulate investments in flexibility and storage, and help integrate large shares of variable renewable generation. Member States should therefore ensure that the deployment of renewable electricity continues to increase at an adequate pace to meet growing demand. For this, Member States should establish a framework that includes market-compatible mechanisms to tackle remaining barriers to have secure and adequate electricitnergy systems fit for a high level of renewable energy, as well as storage facilities, fully integrated into the electricitnergy system. In particular, this framework shall tackle remaining barriers, including non-financial ones such as insufficient digital and human resources of authorities to process a growing number of permitting applications. for the full integration of non- programmable RES into the electricity system and for the decarbonisation process of the generation fleet by ensuring the availability of market instruments which provide long term price signals for investment decisions, including investments in system adequacy, stability and flexibility through competitive, transparent and non-discriminatory bidding process, which provide for a remuneration of the awarded recipients based on market prices. The framework shall also tackle non-financial barriers such as insufficient digital and human resources of authorities to process a growing number of permitting applications. In view of the above, and given that the target of 40% of energy from renewable sources to be achieved by 2030 is a very challenging and ambitious one, no effort should be spared to ensure that all renewable sources and all the technologies that use them to produce energy can be fully exploited and developed, including biomass in the heating and cooling sector and biofuels in the transport sector, provided that the limits and criteria laid down are met provided that the limits and criteria laid down in this Directive are respected.
Amendment 119 #
2021/0218(COD)
Proposal for a directive
Recital 5
Recital 5
(5) The rapid growth and increasing cost-competitiveness of renewable electricity production can be used to satisfy a growing share of energy demand, for instance using heat pumps for space heating or low-temperature industrial processes, electric vehicles for transport, or electric furnaces in certain industries. Renewable electricity can also be used to produce synthetic fuels for consumption in hard-to-decarbonise transport sectors such as aviation and maritime transport. A framework for electrification needs to enable robust and efficient coordination and expand market mechanisms to match both supply and demand in space and time, stimulate investments in flexibility, and help integrate large shares of variable renewable generation. Member States should therefore ensure that the deployment of renewable electricity continues to increase at an adequate pace to meet growing demand. For this, Member States should establish a framework that includes market-compatible mechanisms to tackle remaining barriers to have secure and adequate electricity systems fit for a high level of renewable energy, as well as storage facilities, fully integrated into the electricity system. In particular, this framework shall tackle remaining barriers, including non-financial ones such as insufficient digital and human resources of authorities to process a growing number of permitting applications. In the light of the above, and considering that the target of 40% of energy from renewable sources by 2030 is very challenging and ambitious, no effort should be spared to ensure that all renewable sources and all the technologies that use them to produce energy can be fully exploited and developed, including biomass in the heating and cooling sector and biofuels in the transport sector, provided that the limits and criteria set out in this Directive are met.
Amendment 139 #
2021/0218(COD)
Proposal for a directive
Recital 8
Recital 8
(8) The Offshore Renewable Energy Strategy introduces an ambitious objective of 300 GW of offshore wind and 40 GW of ocean energy across all the Union’s sea basins by 2050. To ensure this step change, Member States will need to work together across borders at sea-basin level. Member States should therefore jointly define the amount of offshore renewable generation to be deployed within each sea basin by 2050, with intermediate steps in 2030 and 2040. These objectives should be reflected in the updated national energy and climate plans that will be submitted in 2023 and 2024 pursuant to Regulation (EU) 2018/1999. In defining the amount, Member States should take into account the offshore renewable energy potential of each sea basin, the technical and economic feasibility of the transmission grid infrastructure, environmental protection, climate adaptation and other uses of the sea, as well as the Union’s decarbonisation targets. In addition, Member States should increasingly consider the possibility of combining offshore renewable energy generation withneed for an integrated planning in terms of RES and networks and the possibility of developing transmission lines interconnecting several Member States, in the form of hybrid projects or, at a later stage, a more meshed grid. This would allow electricity to flow in different directions, thus maximising socio- economic welfare, optimising infrastructure expenditure and enabling a more sustainable usage of the sea. The targets for each basin must be established in strong coordination with the electricity TSOs.
Amendment 144 #
2021/0218(COD)
Proposal for a directive
Recital 10
Recital 10
(10) Overly complex and excessively long administrative procedures constitute a major barrier for the deployment of renewable energy. Further streamlining of administrative and permitting procedures is needed to ease the administrative burden for both renewable energy projects and the related grid infrastructure projects. Member States shall define a minimum set of clear and general rules at EU level to ease and accelerate the national transposition processes, facilitate a homogeneous application throughout the EU of permitting procedures and ease the ex-post monitoring of the measures adopted by Member States from the Commission. These rules shall foresee an integrated or coordinated process for renewable energy plants and the transmission grid infrastructures which are essential for their integration in the energy system and simplified permitting procedures for projects which respect clearly defined criteria. On the basis of the measures to improve administrative procedures for renewable energy installations that Member States are to report on by 15 March 2023 in their first integrated national energy and climate progress reports pursuant to Regulation (EU) 2018/1999 of the European Parliament and of the Council15 , the Commission should further assess whether the provisions included in this Directive to streamline these procedures have resulted in smooth and proportionate procedures. If that assessment reveals significant scope for improvement, the Commission should take appropriate measures to ensure Member States have streamlined and efficient administrative procedures in place. __________________ 15 Regulation (EU) 2018/1999 of the European Parliament and of the Council of 11 December 2018 on the Governance of the Energy Union and Climate Action, amending Regulations (EC) No 663/2009 and (EC) No 715/2009 of the European Parliament and of the Council, Directives 94/22/EC, 98/70/EC, 2009/31/EC, 2009/73/EC, 2010/31/EU, 2012/27/EU and 2013/30/EU of the European Parliament and of the Council, Council Directives 2009/119/EC and (EU) 2015/652 and repealing Regulation (EU) No 525/2013 of the European Parliament and of the Council (OJ L 328, 21.12.2018, p. 1).
Amendment 150 #
2021/0218(COD)
Proposal for a directive
Recital 11
Recital 11
(11) Buildings have a large untapped potential to contribute effectively to the reduction in greenhouse gas emissions in the Union. The decarbonisation of heating and cooling in this sector through an increased share in production and use of renewable energy will be needed to meet the ambition set in the Climate Target Plan to achieve the Union objective of climate neutrality. However, progress on the use of renewables for heating and cooling has been stagnant in the last decade, largely relying on increased use of biomass. Without the establishment of targets to increase the production and use of renewable energy in buildings, there will be no ability to track progress and identify bottlenecks in the uptake of renewables. Furthermore, the creation of targets will provide a long-term signal to investors, including for the period immediately after 2030. This will complement obligations related to energy efficiency and the energy performance of buildings. Therefore, indicative targets for the use of renewable energy in buildings should be set to guide and incentivise Member States’ efforts to exploit the potential of using and producing renewable energy in buildings through the most efficient technologies, encourage the development of and integration of technologies which produce renewable energy while providing certainty for investors and local level engagement. In defining this path, it is necessary to start from the analysis of the national real estate stock and its plant characteristics, in order to effectively define the roadmap towards the technological switch required by the integration of renewable energy. Any mandatory requirement must be reviewed against the background that emissions trading for buildings already guarantees the achievement of savings targets. ETS deliberately causes higher energy costs and leads to market-driven energy saving investments or switching to renewables. Double burdens for consumers through ETS and European regulatory law must be avoided.
Amendment 153 #
2021/0218(COD)
Proposal for a directive
Recital 11
Recital 11
(11) Buildings have a large untapped potential to contribute effectively to the reduction in greenhouse gas emissions in the Union. The decarbonisation of heating and cooling in this sector through an increased share in production and use of renewable energy will be needed to meet the ambition set in the Climate Target Plan to achieve the Union objective of climate neutrality. However, progress on the use of renewables for heating and cooling has been stagnant in the last decade, largely relying on increased use of biomass. Without the establishment of targets to increase the production and use of renewable energy in buildings, there will be no ability to track progress and identify bottlenecks in the uptake of renewables. Furthermore, the creation of targets will provide a long-term signal to investors, including for the period immediately after 2030. This will complement obligations related to energy efficiency and the energy performance of buildings. Therefore, indicative targets for the use of renewable energy in buildings should be set to guide and incentivise Member States’ efforts to exploit the potential of using and producing renewable energy in buildings, encourage the development of and integration of technologies which produce renewable energy while providing certainty for investors and local level engagement.
Amendment 161 #
2021/0218(COD)
Proposal for a directive
Recital 12
Recital 12
(12) Insufficient numbers of skilled workers, in particular installers and designers of renewable heating and cooling systems, slow down the replacement of fossil fuel heating systems by renewable energy based systems and is a major barrier to integrating renewables in buildings, industry and agriculture. Member States should cooperate with social partners and renewable energy communities to anticipate the skills that will be needed. A sufficient number of high-quality training programmes and certification possibilities ensuring proper installation and reliable operation of a wide range of renewable heating and cooling systems should be made available and designed in a way to attract participation in such training programmes and certification systems. Member States should consider what actions should be taken to attract groups currently under-represented in the occupational areaIn defining the training courses, the training courses and qualifications already acquired by the operators ion question. The list of trained and certified installers should be made public to ensure consumer trust and easy access to tailored designer and installer skills guaranteeing proper installation and operation of renewable heating and coolingthe basis of the previous legislation must be preserved. Member States should consider what actions should be taken to attract groups currently under-represented in the occupational areas in question.
Amendment 170 #
2021/0218(COD)
Proposal for a directive
Recital 15 a (new)
Recital 15 a (new)
(15a) (15b) Similarly, the potential of grid-balancing power plants and cogeneration plants, participating in grind-balancing in support of intermittent renewable electricity and thus allowing the expansion of such renewable electricity, has to be fully utilised.
Amendment 189 #
2021/0218(COD)
Proposal for a directive
Recital 22
Recital 22
(22) Renewable fuels of non-biological origin can be used for energy purposes, but also for non-energy purposes as feedstock or raw material in industries such as steel or chemicals. Moreover, low-carbon fuels, including low-carbon hydrogen, may contribute to the swift emission reduction of existing fuels and to the facilitation of the energy transition in the short and medium term, while allowing for the uptake of renewable fuels. The use of renewable fuels of non-biological origin and low-carbon fuels for both purposes exploits their full potential to replace fossil fuels used as feedstock and to reduce greenhouse gas emissions in industry and should therefore be included in a target for the use of renewable fuels of non- biological origin and low-carbon fuels. National measures to support the uptake of renewable fuels of non-biological origin and low-carbon fuels in industry should not result in net pollution increases due to an increased demand for electricity generation that is satisfied by the most polluting fossil fuels, such as coal, diesel, lignite, oil peat and oil shale.
Amendment 212 #
2021/0218(COD)
Proposal for a directive
Recital 29 a (new)
Recital 29 a (new)
(29a) Interventions aimed at increasing the use of renewable fuels and renewable electricity in transport sector shall exclude the application of other possible regulatory carbon pricing instruments (e.g. ETS) in the sector.
Amendment 234 #
2021/0218(COD)
Proposal for a directive
Recital 34
Recital 34
Amendment 239 #
2021/0218(COD)
Proposal for a directive
Recital 35
Recital 35
Amendment 254 #
2021/0218(COD)
Proposal for a directive
Recital 36
Recital 36
(36) Directive (EU) 2018/2001 strengthened the bioenergy sustainability and greenhouse gas savings framework by setting criteria for all end-use sectors. It set out specific rules for biofuels, bioliquids and biomass fuels produced from forest biomass, requiring the sustainability of harvesting operations and the accounting of land-use change emissions. To achieve an enhanced protection of especially biodiverse and carbon-rich habitats, such as primary forests, highly biodiverse forests, grasslands and peat lands, in the Member States where specific measures have not already been taken, exclusions and limitations to source forest biomass from those areas should be introduced, in line with the approach for biofuels, bioliquids and biomass fuels produced from agricultural biomass. In addition, the greenhouse gas emission saving criteria should also apply to existing biomass- based installations to ensure that bioenergy production in all such installations leads to greenhouse gas emission reductions compared to energy produced from fossil fuels.
Amendment 255 #
2021/0218(COD)
Proposal for a directive
Recital 36
Recital 36
(36) Directive (EU) 2018/2001 strengthened the bioenergy sustainability and greenhouse gas savings framework by setting criteria for all end-use sectors. It set out specific rules for biofuels, bioliquids and biomass fuels produced from forest biomass, requiring the sustainability of harvesting operations and the accounting of land-use change emissions. To achieve an enhanced protection of especially biodiverse and carbon-rich habitats, such as primary forests, highly biodiverse forests, grasslands and peat lands, exclusions and limitations to source forest biomass from those areas should be introduced, in line with the approach for biofuels, bioliquids and biomass fuels produced from agricultural biomass. In addition, the greenhouse gas emission saving criteria should also apply to existing biomass-based installations to ensure that bioenergy production in all such installations leads to greenhouse gas emission reductions compared to energy produced from fossil fuelwhen harvesting biomass from countries that do not meet the harvesting criteria at national or subnational level or without management systems in place at the forest sourcing area in line with the approach for biofuels, bioliquids and biomass fuels produced from agricultural biomass.
Amendment 256 #
2021/0218(COD)
Proposal for a directive
Recital 37
Recital 37
(37) In order to reduce the administrative burden for producers of renewable fuels and recycled carbon fuels and for Member States, where voluntary or national schemes have been recognised by the Commission through an implementing act as giving evidence or providing accurate data regarding the compliance with sustainability and greenhouse gas emissions saving criteria as well as other requirements set in this Directive, Member States should accept the results of the certification issued by such schemes within the scope of the Commission’s recognition. In order to reduce the burden on small installations, Member States should establish a simplified verification mechanism starting 1. January 2027 for installations of between 510 and 120MW.
Amendment 268 #
2021/0218(COD)
Proposal for a directive
Recital 47 a (new)
Recital 47 a (new)
(4a) The development of energy communities is emerging as a model for developing the economy on a local basis in favour of the sustainable development of the energy transition. In this context, the reference to the action of small and medium-sized companies refers, in particular, to the safeguarding of the intervention of local companies and the economic spin-offs for the same that engage, in principle, local resources. (63-ter) Without prejudice to the previous point, in order to be effective, the development of energy communities needs to be able to make use of all the natural resources present the area; this should not prevent the participation in the energy community of consumption centres distributed at the local level, even though they belong to large companies such as commercial, tertiary or, for example, private healthcare entities that, being mainly open to the local public, can play a positive role in the spread of the local sustainable economy.
Amendment 282 #
2021/0218(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 1 – point a
Article 1 – paragraph 1 – point 1 – point a
Directive (EU) 2018/2001
Article 2
Article 2
(36) ‘renewable fuels of non-biological origin’ means liquid and gaseous fuels the energy content of which is derived from renewable sources other than biomass;;
Amendment 290 #
2021/0218(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 1 – point c – introductory part
Article 1 – paragraph 1 – point 1 – point c – introductory part
(c) the following points are added: (1b) 'energy from low-carbon sources' means energy from non-renewable sources including low-carbon gases, which contribute to the climate mitigation and adaption. (1c) 'energy from low-carbon gases' means energy from non-renewable gases with a greenhouse gas footprint of less than 36.4 gCO2eq/MJ calculated by the moment of placing the energy on the market / or value provided in the delegated act supplementing Regulation (EU) 2020/852 by establishing the technical screening criteria for determining the conditions under which an economic activity qualifies as contributing substantially to climate mitigation or climate change adaptation.
Amendment 291 #
2021/0218(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 1 – point c – introductory part
Article 1 – paragraph 1 – point 1 – point c – introductory part
(c) the following points are added:Recital (19) is amended as follows: 'guarantee of origin' means an electronic document which has the function of providing evidence to a final customer that a given share or quantity of energy was produced from renewable sources and/or low-carbon sources;
Amendment 293 #
2021/0218(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 1 – point c
Article 1 – paragraph 1 – point 1 – point c
Directive (EU) 2018/2001
Article 2
Article 2
Amendment 309 #
2021/0218(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 1 – point c
Article 1 – paragraph 1 – point 1 – point c
Directive 2018/2001
Article 2
Article 2
(14oa) 16) "renewable energy community" means a legal entity: a)… b) the shareholders of members of which are natural persons, SMEs or other enterprises locally distributed with public access or local authorities, including municipalities; c)...
Amendment 311 #
2021/0218(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 1 – point c
Article 1 – paragraph 1 – point 1 – point c
Directive (EU) 2018/2001
Article 2
Article 2
(14ob) 17) "renewables power purchase agreement" means a contract under which a natural or legal person agrees to purchase renewable energy directly from a producer;
Amendment 315 #
2021/0218(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 1 – point c
Article 1 – paragraph 1 – point 1 – point c
Directive (EU) 2018/2001
Article 2 – paragraph 2
Article 2 – paragraph 2
(22a) ‘renewable fuels’ means biofuels, bioliquids, biomass fuels and renewable fuels of biological and non-biological origin;
Amendment 321 #
2021/0218(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 1 – point c
Article 1 – paragraph 1 – point 1 – point c
Directive (EU) 2018/2001
Article 2 – paragraph 2
Article 2 – paragraph 2
Amendment 326 #
2021/0218(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 1 – point c
Article 1 – paragraph 1 – point 1 – point c
Directive (EU) 2018/2001
Article 2
Article 2
(22ab) 27-bis) "renewable gases" mean biogas and renewable fuels of non- biological origin which have been injected into the gas network within Europe;
Amendment 330 #
2021/0218(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 1 – point c
Article 1 – paragraph 1 – point 1 – point c
Directive (EU) 2018/2001
Article 2
Article 2
Amendment 333 #
2021/0218(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 1 – point c
Article 1 – paragraph 1 – point 1 – point c
Directive (EU) 2018/2001
Article 2
Article 2
Amendment 361 #
2021/0218(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 1 a (new)
Article 1 – paragraph 1 – point 1 a (new)
(1a) point (1) is amended as follows: (1) 'energy from renewable sources' or 'renewable energy' means energy from renewable non-fossil sources, namely wind, solar (solar thermal and solar photovoltaic) and geothermal energy, waste heat, ambient energy, tide, wave and other ocean energy, hydropower, biomass, landfill gas, sewage treatment plant gas, and biogas;
Amendment 367 #
2021/0218(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 1 b (new)
Article 1 – paragraph 1 – point 1 b (new)
(1b) 36 b [new] "Renewable Hydrogen": is hydrogen produced through the electrolysis of water (in an electrolyser, powered by electricity), and with the electricity produced from renewables and waste heat. The full life- cycle greenhouse gas emissions of the production of renewable hydrogen are close to zero. Renewable hydrogen may also be produced through the reforming of biogas (instead of natural gas) or biochemical conversion of biomass, if in compliance with sustainability requirements.
Amendment 370 #
2021/0218(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 1 c (new)
Article 1 – paragraph 1 – point 1 c (new)
(1c) A new definition is added: "co-located energy storage project" means a project encompassing an energy storage facility and a facility producing renewable energy connected behind the same grid access point.
Amendment 372 #
2021/0218(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 1 d (new)
Article 1 – paragraph 1 – point 1 d (new)
(1d) 2 new definitions are added: a) 'low-carbon fuels' means low-carbon hydrogen and synthetic gaseous and liquid fuels the energy content of which is derived from low-carbon hydrogen, which meet the greenhouse gas emission reduction threshold of 70%. b) 'low-carbon hydrogen' means hydrogen the energy content of which is derived from non-renewable sources, which meets a greenhouse gas emission reduction threshold of 70%;
Amendment 378 #
2021/0218(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point a
Article 1 – paragraph 1 – point 2 – point a
Directive (EU) 2018/2001
Article 3 – paragraph 1
Article 3 – paragraph 1
1. Member States shall collectively ensure that the share of energy from renewable sources and from recycled carbon fuels in the Union’s gross final consumption of energy in 2030 is at least 40%.; In order to safeguard the Union's industrial competitiveness, each Member State may introduce measures to support the development of innovative renewable energy technologies.
Amendment 409 #
2021/0218(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point b
Article 1 – paragraph 1 – point 2 – point b
Directive (EU) 2018/2001
Article 3
Article 3
3. Member States shall take measures to ensure that energy from biomass is produced in a way that minimises undue distortive effects on the biomass raw material market and harmful impacts on biodiversity. To that end , they shall take into account the waste hierarchy as set out in Article 4 of Directive 2008/98/EC and the cascading principlguidance referred to in the third subparagraph.
Amendment 412 #
2021/0218(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point b
Article 1 – paragraph 1 – point 2 – point b
Directive (EU) 2018/2001
Article 3
Article 3
(a) Member States shall grant no support for: the production of renewable energy produced from the incineration of waste if the separate collection obligations laid down in Directive 2008/98/EC have not been complied with.
Amendment 417 #
2021/0218(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point b
Article 1 – paragraph 1 – point 2 – point b
Directive (EU) 2018/2001
Article 3
Article 3
Amendment 421 #
2021/0218(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point b
Article 1 – paragraph 1 – point 2 – point b
Directive (EU) 2018/2001
Article 3
Article 3
Amendment 427 #
2021/0218(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point b
Article 1 – paragraph 1 – point 2 – point b
Directive (EU) 2018/2001
Article 3
Article 3
Amendment 433 #
2021/0218(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point b
Article 1 – paragraph 1 – point 2 – point b
Directive (EU) 2018/2001
Article 3
Article 3
(b) From 31 December 2026, and without prejudice to the obligations in the first sub-paragraph, Member States shallmay only grant no support to the production of electricity from forest biomass in electricity-only-installations, unless such electricity meets at least one of the following conditions:on the condition that the following three requirements are met: (i) cogeneration is guaranteed and that this provides for the energy enhancement of at least 50% of the thermal energy generated by the process; (ii) the woody biomass used in installations comes from forests managed sustainably at territorial level; (iii) the plants have an electrical power not exceeding 10 MWe and are equipped with suitable filter systems for fine dust;
Amendment 435 #
2021/0218(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point b
Article 1 – paragraph 1 – point 2 – point b
Directive (EU) 2018/2001
Article 3
Article 3
(b) From 31 December 202630, and without prejudice to the obligations in the first sub-paragraph and to the provision set out in Article 6, Member States shall grant no new support scheme to the production of electricity from forest biomass in electricity-only-installations, unless such electricity meets at least one of the following conditions:
Amendment 444 #
2021/0218(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point b
Article 1 – paragraph 1 – point 2 – point b
Directive (EU) 2018/2001
Article 3
Article 3
Amendment 446 #
2021/0218(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point b
Article 1 – paragraph 1 – point 2 – point b
Directive (EU) 2018/2001
Article 3
Article 3
(i) it(ba) the conditions set out in (b) above may be waived if at least one of the following conditions is met: (i) the electricity is produced in a region identified in a territorial just transition plan approved by the European Commission, in accordance with Regulation (EU) 2021/… of the European Parliament and the Council establishing the Just Transition Fund due to its reliance on solid fossil fuels, and meets the relevant requirements set in Article 29(11);
Amendment 451 #
2021/0218(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point b
Article 1 – paragraph 1 – point 2 – point b
Directive (EU) 2018/2001
Article 3
Article 3
Amendment 452 #
2021/0218(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point b
Article 1 – paragraph 1 – point 2 – point b
Directive (EU) 2018/2001
Article 3
Article 3
(ii) (ii) the electricity is produced applying Biomass CO2 Capture and Storage and meets the requirements set in Article 29(11), second subparagraph.
Amendment 453 #
2021/0218(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point b
Article 1 – paragraph 1 – point 2 – point b
Directive (EU) 2018/2001
Article 3
Article 3
(iia) (i) it is produced by plants that are already in operation at the date of entry into force of this Directive, for which modifications in the direction of cogeneration are not possible due to the absence of the infrastructure or demand conditions that make them economically viable or because they are located in areas of complex industrial crisis or in accordance with Cohesion policies. In any case, the plants must comply with the net energy efficiency levels associated with the best available techniques (BAT- AEELs) as defined in Commission Implementing Decision (EU) 2017/1442 ( 1 ).
Amendment 462 #
2021/0218(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point b
Article 1 – paragraph 1 – point 2 – point b
Directive (EU) 2018/2001
Article 3
Article 3
(ba) (ii) it is produced in a region identified in a territorial just transition plan approved by the European Commission, in accordance with Regulation (EU) 2021/… of the European Parliament and the Council establishing the Just Transition Fund due to its reliance on solid fossil fuels, and meets the relevant requirements set in Article 29(11); (iii) it is produced in a facility that has undertaken an assessment to prove its readiness for the application of Biomass CO2 Capture and Storage and meets the requirements set in Article 29(11), second subparagraph; (iv) it is produced in a facility which is part of a supports scheme that is designed to remove the risk of security of supply or ensure grid stability and meets the relevant requirements set in Article 29(11) (v) it is produced in an area where there is no commercial demand for heat.
Amendment 474 #
2021/0218(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point b
Article 1 – paragraph 1 – point 2 – point b
Directive (EU) 2018/2001
Article 3
Article 3
No later than one year after [the entry into force of this amending Directive], the Commission shall adopt a delegated act in accordance with Article 35 on how to apply the cascading principle for biomass, in particular on how to minimise the use of quality roundwood for energy production, with a focus on support schemes and with due regard to nationalguidelines laying out best practices for the biomass specificitiestor.
Amendment 481 #
2021/0218(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point b
Article 1 – paragraph 1 – point 2 – point b
Directive (EU) 2018/2001
Article 3
Article 3
Amendment 494 #
2021/0218(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point c
Article 1 – paragraph 1 – point 2 – point c
Directive (EU) 2018/2001
Article 3
Article 3
4a. Member States shall establish a framework, which may include support schemes and facilitating the uptake of renewable and co-located projects power purchase agreements, enabling the deployment of renewable electricitnergy to a level that is consistent with the Member State’s national contribution referred to in paragraph 2 and at a pace that is consistent with the indicative trajectories referred to in Article 4(a)(2) of Regulation (EU) 2018/1999. In particular, that framework shall tackle remaining barriers to a high level of renewable energy supply, including those related to permitting procedures, to a high level of renewable electricity supplyand ensure long term price signals for investment decisions, including investments in system adequacy, stability and flexibility through competitive, transparent and non- discriminatory bidding process, which provide for a remuneration of the awarded recipients based on market prices. When designing that framework, Member States shall take into account the additional renewable electricitnergy required to meet demand in the transport, industry, building and heating and cooling sectors and for the production of renewable fuels of non-biological origin.; National measures to support the uptake of renewable fuels of non-biological origin should not result in net pollution increases due to an increased demand for energy generation that is satisfied by the most polluting fossil fuels.
Amendment 515 #
2021/0218(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 a (new)
Article 1 – paragraph 1 – point 2 a (new)
(2a) Article 3a (new) Member States shall collectively ensure that the share of energy from renewable gases in the Union expressed as a percentage share of natural gas consumed is at least [11]% by 2030.
Amendment 518 #
2021/0218(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 b (new)
Article 1 – paragraph 1 – point 2 b (new)
Amendment 544 #
2021/0218(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 4 – point b
Article 1 – paragraph 1 – point 4 – point b
Directive (EU) 2018/2001
Article 9
Article 9
7a. Member States bordering a sea basin shall cooperate to jointly define the amount of offshore renewable energy they plan to produce in that sea basin by 2050, with intermediate steps in 2030 and 2040. They shall take into account the specificities and development in each region including the technical and economic feasibility of transmission grid infrastructure, the offshore renewable potential of the sea basin and the importance of ensuring the associated integrated grid planning. Member States shall notify that amount in the updated integrated national energy and climate plans submitted pursuant to Article 14 of Regulation (EU) 2018/1999.;
Amendment 550 #
2021/0218(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 5 – point -a (new)
Article 1 – paragraph 1 – point 5 – point -a (new)
(-a) Paragraph 1, second subparagraph is amended as follows: Member States shall, in particular, take the appropriate steps to ensure that: (a) administrative procedures are streamlined, and expedited at the appropriate administrative level and predictable timeframes are established for the procedures referred to in the first subparagraph; (b) rules concerning authorisation, certification and licensing are objective, transparent and proportionate, do not discriminate between applicants and take fully into account the particularities of individual renewable energy technologies; (c) administrative charges paid by consumers, planners, architects, builders and equipment and system installers and suppliers are transparent and cost- related; (d) simplified and less burdensome authorisation procedures, including a simple-notification procedure, are established for decentralised devices, and for producing and storing energy from renewable sources, provided that the same simplified authorisation procedures are applied also to the associated transmission and distribution network developments in case the latter do not increase the occupied area. (e) the authorisation procedures for power plants, including offshore renewable plants, and for the network assets necessary for their connection and integration are integrated or coordinated where different procedures for power plants and network assets are foreseen according to national law.
Amendment 558 #
2021/0218(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 5 – point c
Article 1 – paragraph 1 – point 5 – point c
Directive (EU) 2018/2001
Article 15
Article 15
8. Member States shall assess the regulatory and administrative barriers to long-term renewables and co-located projects power purchase agreements, and shall remove unjustified barriers to, and promote the uptake of, such agreements, including by exploring how to reduce the financial risks associated with them, in particular by using credit guarantees. Member States shall ensure that those agreements are not subject to disproportionate or discriminatory procedures or charges, and that any associated guarantees of origin can be transferred to the buyer of the renewable energy under the renewable or co-located project power purchase agreement. Moreover, long-term renewable and co- located projects power purchase agreements of over 10 years should be encouraged.
Amendment 567 #
2021/0218(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 5 – point c
Article 1 – paragraph 1 – point 5 – point c
Directive (EU) 2018/2001
Article 15
Article 15
Member States shall describe their policies and measures promoting the uptake of renewables and co-located projects power purchase agreements in their integrated national energy and climate plans referred to in Articles 3 and 14 of Regulation (EU) 2018/1999 and progress reports submitted pursuant to Article 17 of that Regulation. They shall also provide, in those reports, an indication of the volume of renewable power generation supported by renewables and co-located projects power purchase agreements.;
Amendment 621 #
2021/0218(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive (EU) 2018/2001
Article 15a
Article 15a
2. Member States shall introduce measures in their building regulations and codes and, where applicable, in their support schemes, to increase the share of electricity and heating and cooling from renewable sources in the building stock, including national measures relating to substantial increases in renewables self- consumption, renewable energy communities and local energy storage, in combination with energy efficiency improvements relating to cogeneration and passive, nearly zero- energy and zero- energy buildings.
Amendment 624 #
2021/0218(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive (EU) 2018/2001
Article 15a
Article 15a
To achieve the indicative share of renewables set out in paragraph 1, Member States shall, in their building regulations and codes and, where applicable, in their support schemes or by other means with equivalent effect, require the use of minimum levels of energy from renewable sources in buildings, in line with the provisions of Directive 2010/31/EU. Member States shall allow those minimum levels to be fulfilled, among others, through efficient district heating and cooling and through the use of Guarantees of Origin in line with Article 19 of this Directive.
Amendment 633 #
2021/0218(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive (EU) 2018/2001
Article 15a
Article 15a
4. In order to achieve the indicative share of renewable energy set out in paragraph 1, Member States shall promote the use of renewable heating and cooling systems and equipment. To that end, Member States shall use all appropriate measures, tools and incentives, including, among others, energy labels developed under Regulation (EU) 2017/1369 of the European Parliament and of the Council26 , energy performance certificates pursuant to Directive 2010/31/EU, or other appropriate certificates or standards developed at national or Union level, and shall ensure the provision of adequate information and advice on renewable, highly energy efficient alternatives as well as on financial instruments and incentives available to promote an increased replacement rate of old heating systems incompatible with the use of renewable fuels, increased incentives on the use of renewable energy in heating and cooling systems and equipment and an increased switch to solutions based on renewable energy.; __________________ 26 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 643 #
2021/0218(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 6 a (new)
Article 1 – paragraph 1 – point 6 a (new)
(6a) Article 16, paragraph 1 is amended as follows: Member States shall set up or designate one or more contact points. Those contact points shall, upon request by the applicant, guide through and facilitate the entire administrative permit application and granting process. The applicant shall not be required to contact more that one contact point for the entire process. The permit-granting process shall cover the relevant administrative permits to build, repower and operate plants for the production of energy from renewable sources, including co-located energy storage projects, energy storage of a new renewable energy facility, and assets necessary for their connection to the grid. The permit-granting process shall comprise all procedures from the acknowledgment of the receipt of the application to the transmission of the outcome of the procedure referred to in paragraph 2.
Amendment 647 #
2021/0218(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 6 b (new)
Article 1 – paragraph 1 – point 6 b (new)
(6b) Article 16, paragraph 4 is amended as follows: 4. Without prejudice to paragraph 7, the permit-granting process referred to in paragraph 1 for power plants and assets necessary for their connection and integration in the grid shall not exceed two years, including all relevant procedures of competent authorities. Where duly justified on the grounds of extraordinary circumstances, that two- year period may be extended by up to one year.
Amendment 648 #
2021/0218(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 6 c (new)
Article 1 – paragraph 1 – point 6 c (new)
(6c) Article 16, paragraph 6 is amended as follows: 6. Member States shall facilitate the repowering of existing renewable energy plants by ensuring a simplified and swift permit-granting process. The length of that process shall not exceed one year. Where duly justified on the grounds of extraordinary circumstances, such as on grounds of overriding safety reasons where the repowering projects impacts substantially on the grid or the original capacity, size or performance of the installation, that one-year period may be extended by up to one year. In the event the repowering project determines an increase in the capacity of the installation and the need for further network developments without increasing the occupied area, the repowering project and the grid development projects associated to the repowering are authorized through the same simplified procedure pursuant to the first subparagraph,
Amendment 649 #
2021/0218(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 6 d (new)
Article 1 – paragraph 1 – point 6 d (new)
(6d) Article 16, paragraph 6bis is added: 6bis. Member States shall appoint a competent body or authority which differs from the authority empowered to issue authorisation decisions with substitution powers on the latter. Those powers shall be exercised where the terms referred to in paragraphs 4 and 6 for deciding on the authorisation for power plants and the assets necessary for their connection and integration in the grid are infringed. The substituting competent body or authority shall decide on the procedure within halved timings as referred to in paragraphs 4 and 6.
Amendment 660 #
2021/0218(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Directive (EU) 2018/2001
Article 18
Article 18
To achieve such sufficient numbers of installers and designers, Member States shall ensure that, as far as compatible with national qualification and certification schemes, sufficient training programmes leading to qualification or certification covering renewable heating and cooling technologies, and their latest innovative solutions, are made available. Member States shall ensure the same level of qualification within their territory by adopting all the necessary measures and tools, such as exchange information systems. Member States shall put in place measures to promote participation in such programmes, in particular by small and medium-sized enterprises and the self- employed. Member States may put in place voluntary agreements with the relevant technology providers and vendors to train sufficient numbers of installers, which may be based on estimates of sales, in the latest innovative solutions and technologies available on the market.
Amendment 663 #
2021/0218(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Directive (EU) 2018/2001
Article 18
Article 18
Amendment 674 #
2021/0218(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 8 – introductory part
Article 1 – paragraph 1 – point 8 – introductory part
(8) Article 19 is amended as follows: Article 19 Guarantees of origin for energy from renewable sources and/or from low carbon sources 1. For the purposes of demonstrating to final customer the share or quantity of energy from renewable sources and/or the share or quantity of energy from low- carbon sources in an energy supplier's energy mix and in the energy supplied to consumers under contracts marketed with reference to the consumption of energy from renewable sources and/or from low- carbon sources can be guaranteed as such within the meaning of this Directive, in accordance with objective, transparent and non-discriminatory criteria. 2. To that end, Member States shall ensure that a guarantee of origin is issued in response to a request from a producer of energy from renewable sources and from a producer of energy from low- carbon sources. Member States may arrange for guarantees of origin to be issued for energy from other non- renewable sources. Issuance of guarantees of origin may be made subject to a minimum capacity limit. A guarantee of origin shall be of the standard size of 1 MWh. No more than one guarantee of origin shall be issued in respect of each unit of energy produced. […] The guarantee of origin shall have no function in terms of Member State's compliance with Article 3. Transfers of guarantees of origin, separately or together with the physical transfer of energy, shall have no effect on the decision of Member States to use statistical transfers, joint projects or joint support schemes for compliance with Article 3 or on the calculation of the gross final consumption of energy from renewable sources in accordance with Article 7. For the avoidance of doubt, this subparagraph does not prevent the use of guarantees of origin for the purpose of measuring and demonstrating compliance with greenhouse gas emissions and renewable energy obligations set out in this Directive.
Amendment 675 #
2021/0218(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 8 – introductory part
Article 1 – paragraph 1 – point 8 – introductory part
(8) Article 19 is amended as follows:Recital (59) is amended as follows: Guarantees of origin which are currently in place for renewable electricity should be extended to cover renewable gas and low-carbon energy sources. Further extending the guarantees of origin system to energy from non-renewable sources, other than low-carbon energy sources, should be an option for Member States. This would provide a consistent means of proving to final customers the origin of renewable gas such as biomethane and would facilitate greater cross-border trade in such gas. It would also enable the creation of guarantees of origin for other renewable and low-carbon gas such as hydrogen.
Amendment 694 #
2021/0218(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 8 – point a a (new)
Article 1 – paragraph 1 – point 8 – point a a (new)
Amendment 698 #
2021/0218(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 8 – point a b (new)
Article 1 – paragraph 1 – point 8 – point a b (new)
(ab) Article 19, paragraph 11 is amended as follows: 11. Member States shall not recognise guarantees of origins issued by a third country except where the compatible guarantees of origin systems was established in that third country, and only where there is import or export of energy between Union and that third country. The guarantees of origin systems established in third countries shall be considered compatible, in particular where the European Commission has recognised its compatibility with the requirements and standards applicable in the Union
Amendment 701 #
2021/0218(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 8 – point a c (new)
Article 1 – paragraph 1 – point 8 – point a c (new)
(ac) Article 19, paragraph 12 is amended as follows: 12. A Member State may, in accordance with Union law, introduce objective, transparent and non-discriminatory criteria for the use of guarantees of origin in accordance with the obligations laid down in Article 3(9) of Directive 2009/72/EC and other similar provision contained in the Directive 2009/73/EC or other provisions of the Union law.
Amendment 706 #
2021/0218(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 8 – point b a (new)
Article 1 – paragraph 1 – point 8 – point b a (new)
(ba) Article 19, paragraph 9 is amended as follows: 9. Member States shall recognise guarantees of origin issued by other Member States in accordance with this Directive exclusively as evidence of the elements referred to in paragraph 1 and points (a) to (h) of the first subparagraph of paragraph 7. A Member State may refuse to recognise a guarantee of origin only where it has well-founded doubts about its accuracy, reliability or veracity. The Member State shall notify the Commission of such a refusal and its justification.
Amendment 721 #
2021/0218(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 9 a (new)
Article 1 – paragraph 1 – point 9 a (new)
(9a) New paragraph 4 in article 20: Similarly, Member States shall, where relevant, take the necessary actions to integrate intermittent renewable electricity in the grid while ensuring grid stability and security of supply. Such actions can relate to the development of solutions such as storage facilities and grid- balancing power plants and cogeneration plants, participating in grid-balancing in support of intermittent renewable electricity.
Amendment 724 #
2021/0218(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 10
Article 1 – paragraph 1 – point 10
Directive (EU) 2018/2001
Article 20a – paragraph 1
Article 20a – paragraph 1
Amendment 735 #
2021/0218(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 10
Article 1 – paragraph 1 – point 10
1. Member States shall require transmission system operators and distribution system operators in their territory to make available information on the share of renewable electricity and the greenhouse gas emissions content of the electricity suppliabsorbed in each bidding zone, as accurately as possible and as close to real time as possible but in time intervals of no more than one hour, with forecasting where available. This information shall be made available digitally in a manner that ensures it can be used by electricity market participants, aggregators, consumers and end-users, and that it can be read by electronic communication devices such as smart metering systems, electric vehicle recharging points, heating and cooling systems and building energy management systems.
Amendment 758 #
2021/0218(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 10
Article 1 – paragraph 1 – point 10
Directive (EU) 2018/2001
Article 20a
Article 20a
4. Member States shall ensure that the national regulatory framework does not discriminate against participation in the electricity markets, including congestion management and the provision of flexibility and balancing services, of small or mobile systems such as domestic batteries and electric vehicles, bothpower-to- gas units, either directly andor through aggregation. where a minimum power threshold is appropriate for services provided by smaller units;
Amendment 765 #
2021/0218(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 10 a (new)
Article 1 – paragraph 1 – point 10 a (new)
(10a) Article 22(4) is amended as follows, adding a subparagraph fa: (fa) agricultural and forestry holdings, individually or in aggregate form (cooperatives, consortia, etc.), set up and/or participate in energy communities;
Amendment 783 #
2021/0218(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 11
Article 1 – paragraph 1 – point 11
Directive (EU) 2018/2001
Article 22a
Article 22a
Amendment 817 #
2021/0218(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 12 – point a
Article 1 – paragraph 1 – point 12 – point a
Directive (EU) 2018/2001
Article 23–point a
Article 23–point a
1. In order to promote the use of renewable energy in the heating and cooling sector, each Member State shall, strive to increase the share of renewable energy in that sector by at least 1.1 percentage points as an annual average calculated for the periods 2021 to 2025 and 2026 to 2030, starting from the share of renewable energy in the heating and cooling sector in 2020, expressed in terms of national share of gross final energy consumption and calculated in accordance with the methodology set out in Article 7. In the definition of the increase of the share of renewable energy in the heating and cooling sector, Member States shall take into account the type and technological level of plants, as well as their date of installation, in order to verify the actual possibility of integration of renewable energy and to foresee different timing of implementation.
Amendment 989 #
2021/0218(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 14
Article 1 – paragraph 1 – point 14
Directive (EU) 2018/2001
Article 25
Article 25
For the calculation of the reduction referred to in point (a) and the share referred to in point (b), Member States shall take into account renewable fuels of non-biological origin also when they are used as intermediate products for the production of conventionaltransport fuels. For the calculation of the reduction referred to in point (a), Member States mayshall take into account recycled carbon fuels.
Amendment 994 #
2021/0218(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 14
Article 1 – paragraph 1 – point 14
Directive (EU) 2018/2001
Article 25
Article 25
When setting the obligation on fuel suppliers, Member States may exempt fuel suppliers supplying electricity or renewable liquid and gaseous transport fuels of non-biological origin from the requirement to comply with the minimum share of advanced biofuels and biogas produced from the feedstock listed in Part A of Annex IX with respect to those fuels. When setting the obligation referred to in points (a) and (b) to the first subparagraph to ensure the achievement of the targets set out therein, Member States may do so, inter alia, by means of measures targeting volumes, energy content or greenhouse gas emissions, provided that it is demonstrated that the greenhouse gas intensity reduction and minimum shares referred to in points (a) and (b) of the first subparagraph are achieved.
Amendment 1015 #
2021/0218(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 14
Article 1 – paragraph 1 – point 14
Directive (EU) 2018/2001
Article 25
Article 25
2. Member States shall establish a mechanism allowing fuel suppliers in their territory to exchange credits for supplying renewable energy to the transport sector. Economic operators that supply renewable electricity to electricnergy to vehicles through public recharging and refuelling stations shall receive credits, irrespectively of whether the economic operators are subject to the obligation set by the Member State on fuel suppliers, and may sell those credits to fuel suppliers, which shall be allowed to use the credits to fulfil the obligation set out in paragraph 1, first subparagraph.;
Amendment 1055 #
2021/0218(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 16 – point a
Article 1 – paragraph 1 – point 16 – point a
Directive (EU) 2018/2001
Article 27
Article 27
Calculation rules in the transport sector and with regard to renewable fuels of non- biological origin regardless of their end use;
Amendment 1066 #
2021/0218(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 16 – point b
Article 1 – paragraph 1 – point 16 – point b
Directive (EU) 2018/2001
Article 27
Article 27
(iii) for renewable electricity, by multiplying the amount of renewable electricity that is supplied to all transport modes by the fossil fuel comparator ECF(et) set out in in Annex V;
Amendment 1091 #
2021/0218(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 16 – point c
Article 1 – paragraph 1 – point 16 – point c
Directive (EU) 2018/2001
Article 27
Article 27
(c) the shares of advanced biofuels and biogas produced from the feedstock listed in Part A of Annex IX and of renewable fuels of non-biological origin supplied in the aviation and maritime modes shall be considered to be 1,24 times their energy content.;
Amendment 1113 #
2021/0218(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 16 – point e – point iii – introductory part
Article 1 – paragraph 1 – point 16 – point e – point iii – introductory part
(iii) in the fifth subparagraph, the introductory phrase is replaced by the following:including its points a) and b), is deleted
Amendment 1117 #
2021/0218(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 16 – point e – point iii
Article 1 – paragraph 1 – point 16 – point e – point iii
Directive (EU) 2018/2001
Article 27
Article 27
However, electricity that has been taken from the grid, reinjected from an energy storage facility or obtained from direct connection to an installation generating renewable electricity may be fully counted as fully renewable electricity where it is used for the production of renewable fuels of non-biologicalprovided that it is produced exclusively from renewable sources and the renewable properties have been demonstrated through cancellation of guarantees of origin, providedensuring that the installation:;renewable properties of that electricity are claimed only once and only in one end- use sector.
Amendment 1122 #
2021/0218(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 16 – point e – point iii
Article 1 – paragraph 1 – point 16 – point e – point iii
Directive (EU) 2018/2001
Article 27
Article 27
Article 27, paragraph 3, subparagraph 5, point a) is deleted
Amendment 1123 #
2021/0218(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 16 – point e – point iii
Article 1 – paragraph 1 – point 16 – point e – point iii
Directive (EU) 2018/2001
Article 27 – paragraph 3 – subparagraph 6
Article 27 – paragraph 3 – subparagraph 6
Amendment 1128 #
2021/0218(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 16 – point e – point iii a (new)
Article 1 – paragraph 1 – point 16 – point e – point iii a (new)
(iiia) Article 27 the seventh and last subparagraph is deleted
Amendment 1129 #
2021/0218(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 16 – point e – point iii b (new)
Article 1 – paragraph 1 – point 16 – point e – point iii b (new)
(iii b) Recital (90) is amended as follows: Renewable liquid and gaseous transport fuels of non-biological origin are important to increase the share of renewable energy in sectors that are expected to rely on liquid fuels in the long term. To ensure that renewable fuels of non-biological origin contribute to greenhouse gas reduction, the electricity used for the fuel production should be of renewable origin.
Amendment 1148 #
2021/0218(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 18 – point a – point i a (new)
Article 1 – paragraph 1 – point 18 – point a – point i a (new)
(ia) Article 29, paragraph 1, sub- paragraph 3 is amended as follows: Electricity, heating and cooling produced from municipal solid waste and own biomass residues from biomass processing shall not be subject to the greenhouse gas emissions saving criterial laid down in paragraph 10.
Amendment 1149 #
2021/0218(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 18 – point a – point ii
Article 1 – paragraph 1 – point 18 – point a – point ii
— (a) in the case of solid biomass fuels, in installations producing electricity, heating and cooling not already operating at the time of entry into force of the present directive with a total rated thermal input equal to or exceeding 520 MW,
Amendment 1159 #
2021/0218(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 18 – point a – point ii
Article 1 – paragraph 1 – point 18 – point a – point ii
Directive (EU) 2018/2001
Article 29
Article 29
Amendment 1170 #
2021/0218(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 18 – point b
Article 1 – paragraph 1 – point 18 – point b
Directive (EU) 2018/2001
Article 29
Article 29
This paragraph, with the exception of the first subparagraph, point (c), also applies to biofuels, bioliquids and biomass fuels produced from forest biomass originating from a country or subnational entity or forest sourcing area which does not meet the criteria set out in paragraph 6a or 6b.;
Amendment 1177 #
2021/0218(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 18 – point c
Article 1 – paragraph 1 – point 18 – point c
Directive (EU) 2018/2001
Article 29
Article 29
The first subparagraph, with the exception of points (b) and (c), and the second subparagraph also apply to biofuels, bioliquids and biomass fuels produced from forest biomass originating from a country or subnational entity or forest sourcing area which does not meet the criteria set out in paragraph 6a or 6b.;
Amendment 1180 #
2021/0218(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 18 – point d
Article 1 – paragraph 1 – point 18 – point d
Directive (EU) 2018/2001
Article 29
Article 29
5. Biofuels, bioliquids and biomass fuels produced from agricultural or forest biomass from a country or subnational entity or forest sourcing area which does not meet the criteria set out in paragraph 6a or 6b, taken into account for the purposes referred to in paragraph 1, first subparagraph, points (a), (b) and (c), shall not be made from raw material obtained from land that was peatland in January 2008, unless evidence is provided that the cultivation and harvesting of that raw material does not involve drainage of previously undrained soil and compliance on national, subnational, or forest sourcing area level, in line with the criteria to minimise the risk of using forest biomass derived from unsustainable production referred to in paragraph 6, can be reported by competent authorities.;
Amendment 1186 #
2021/0218(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 18 – point e
Article 1 – paragraph 1 – point 18 – point e
Directive (EU) 2018/2001
Article 29
Article 29
Amendment 1191 #
2021/0218(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 18 – point f
Article 1 – paragraph 1 – point 18 – point f
Directive (EU) 2018/2001
Article 29
Article 29
Amendment 1201 #
2021/0218(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 19
Article 1 – paragraph 1 – point 19
Directive (EU) 2018/2001
Article 29a
Article 29a
1. Energy from renewable fuels of non-biological origin shall be counted towards Member States’ shares of renewable energy and the targets referred to in Articles 3(1), 15a(1), 22a(1), 23(1), 24(4) and 25(1) only if the greenhouse gas emissions savings from the use of those fuels are at least 70 % compared to the relevant fossil fuel comparator.
Amendment 1204 #
2021/0218(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 19
Article 1 – paragraph 1 – point 19
Directive (EU) 2018/2001
Article 29a
Article 29a
2. Energy from recycled carbon fuels mayshall be counted towards the greenhouse gas emissions reduction target referred to in Article 25(1), first subparagraph, point (a), and towards Member States' shares of renewable energy and recycled carbon fuels to in Article 3(1), only if the greenhouse gas emissions savings from the use of those fuels are at least 70% compared to the relevant fossil fuel comparator.
Amendment 1213 #
2021/0218(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 20 – point a – introductory part
Article 1 – paragraph 1 – point 20 – point a – introductory part
(a) in paragraph 1, first subparagraph, the introductory phrase is replaced by the following: is amended as follows: (a) allows consignments of raw material or fuels with differing sustainability anda greenhouse gas emissions saving characteristics to be mixed for instance in a container, processing or logistical facility, transmission and distribution infrastructure or site, including European interconnected system for gas consisting of transmission networks, distribution networks, LNG facilities and/or storage facilities and considered as a single logistical facility for this purpose where only physical entry to and exit from the system based on the respective transactions shall be tracked;
Amendment 1215 #
2021/0218(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 20 – point a
Article 1 – paragraph 1 – point 20 – point a
Directive (EU) 2018/2001
Article 30. paragraph 1a
Article 30. paragraph 1a
1a. Where renewable fuels and, recycled carbon fuels and biogas are to be counted towards the targets referred to in Articles 3(1), 15a(1), 22a(1), 23(1), 24(4) and 25(1), Member States shall require economic operators to show that the sustainability and greenhouse gas emissions saving criteria laid down in Articles 29(2) to (7) and (10) and 29a(1) and (2) for renewable fuels and, recycled- carbon fuels and biogas have been fulfilled. For that purpose, they shallmay require economic operators to use a book and claim system through the means of Guarantees of Origin combined with a mass balance system which:;.
Amendment 1217 #
2021/0218(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 20 – point a
Article 1 – paragraph 1 – point 20 – point a
Directive (EU) 2018/2001
Article 30. paragraph 1b
Article 30. paragraph 1b
Amendment 1220 #
2021/0218(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 20 – point b – introductory part
Article 1 – paragraph 1 – point 20 – point b – introductory part
(b) inArticle 30 paragraph 3, the first and second subparagraphs are replaced by the following: is amended as follows: 3. Member States shall take measure to ensure that economic operators submit reliable information regarding the compliance with the greenhouse gas emissions saving criteria laid down in Articles 29(2) to (7) and (10) and 29a(1) and (2), and that economic operators make available to the relevant Member States shall enable the recording of such information on the guarantees of origin issued according to Article 19 of this Directive after it has been verified by relevant voluntary or national schemes setting standards for the production of renewable fuels and recycled carbon fuels.
Amendment 1224 #
2021/0218(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 20 – point b
Article 1 – paragraph 1 – point 20 – point b
Member States shall take measures to ensure that economic operators submit reliable information regarding the compliance with the sustainability and greenhouse gas emissions saving criteria laid down in Articles 29(2) to (7) and (10) and 29a(1) and (2), and that economic operators make available to the relevant Member State, upon request, the data used to develop that information. Member State shall not require economic operators supplying energy through the European interconnected system for gas to provide further evidence of compliance with the sustainability and greenhouse gas emissions saving criteria laid down in Articles 29(2) to (7) and (10) and 29a(1) and (2), where the compliance verification was carried out at the site of the energy production and documented on the guarantees of origin.
Amendment 1229 #
2021/0218(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 20 – point d
Article 1 – paragraph 1 – point 20 – point d
Directive (EU) 2018/2001
Article 30
Article 30
6. Member States may set up national schemes where compliance with the sustainability and greenhouse gas emissions saving criteria laid down in Articles 29(2) to (7) and (10) and 29a(1) and (2), in accordance with the methodology developed under Article 29a(3), is verified throughout the entire chain of custody involving competent national authorities, except for the European interconnected system for gas, where compliance with sustainability and greenhouse gas emissions saving criteria is verified by the moment of the physical entry of gases into this system. Those schemes may also be used to verify the accuracy and completeness of the information included by economic operators in the Union database, to demonstrate compliance with Article 27(3) and for the certification of biofuels, bioliquids and biomass fuels with low indirect land-use change-risk.
Amendment 1230 #
2021/0218(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 20 – point d
Article 1 – paragraph 1 – point 20 – point d
Directive (EU) 2018/2001
Article 29
Article 29
For installations producing electricity heating and cooling with a total rated thermal input between 510 and 120 MW, starting 1. January 2027, Member States shall establish simplified national verification schemes to ensure the fulfillment of the sustainability and greenhouse gas emissions criteria set out in paragraphs (2) to (7) and (10) of Article 29.;
Amendment 1240 #
2021/0218(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 21
Article 1 – paragraph 1 – point 21
Amendment 1244 #
2021/0218(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 22
Article 1 – paragraph 1 – point 22
1. The Commission shall ensure that a Union database is set up to enable the tracing of liquid and gaseous renewable fuels, low-carbon fuels and recycled carbon fuels.
Amendment 1249 #
2021/0218(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 22
Article 1 – paragraph 1 – point 22
Directive (EU) 2018/2001
Article 31a (new article)
Article 31a (new article)
2. Member States shall require the relevant economic operators to enter in a timely manner accurate information into that database on the transactions made and the sustainability characteristics of the fuels subject to those transactions, including their life-cycle greenhouse gas emissions, starting from their point of production to the moment it is consumed in the Union. Information on whether support has been provided for the production of a specific consignment of fuel, and if so, on the type of support scheme, shall also be included in the databaseFor the gaseous fuels injected into the European interconnected system for gas within the meaning of Directive 209/73/EC: a) only the physical entry to and physical exit from the system based on respective transactions shall be registered; b) sustainability information, recorder in the guarantee of origin according to Article 19(7)(h), shall be registered independently of the individual physical flows and the underlying transactions.
Amendment 1251 #
2021/0218(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 22
Article 1 – paragraph 1 – point 22
Where appropriate to improve traceability of data along the entire supply chain, the Commission is empowered to adopt delegated acts in accordance with Article 35 to further extend the scope of the information to be included in the Union database to cover relevant data from the point of production or collection of the raw material used for the fuel production. For gaseous fuels injected into the European gas network, the EU gas system should be considered as a single logistical facility and for the avoidance of doubt there should be no physical tracing of molecules within the network. Notwithstanding paragraph 2, for gaseous biomass fuels and gaseous renewable fuels of non-biological origin injected into the gas system, economic operators should enter information on the transactions made and the sustainability characteristics of the fuels up to the injection point, where the mass balancing traceability system will be replaced by a book-and-claim system as referred in the (Article 30(1a)). The information on the cancellation of certificates at final points of consumption should be registered in the Union Database and shall be considered the final consignment for the volumes injected.
Amendment 1252 #
2021/0218(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 22
Article 1 – paragraph 1 – point 22
Directive (EU) 2018/2001
Article 31a (new)
Article 31a (new)
4. IfWhen guarantees of origin have been issued for the production of a consignment of renewable gases, Member States shall ensure that thosesuch guarantees of origin are cancelled before the consignment of renewable gases can be registered in the databregistered in the database as a proof of sustainability for related consignment and cancelled after the consignment is withdrawn from the European interconnected system for gase.
Amendment 1255 #
2021/0218(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 22
Article 1 – paragraph 1 – point 22
5. Member States shall ensure that the accuracy and completeness of the information included by economic operators in the database is verified, for instance by using voluntary or national schemes or system of guarantees of origin.
Amendment 1257 #
2021/0218(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 23 – point a
Article 1 – paragraph 1 – point 23 – point a
Directive (EU) 2018/2001
Article 35
Article 35
The power to adopt delegated acts referred to in Article 8(3), second subparagraph, Article 29a(3), Article 26(2), fourth subparagraph, Article 26(2) fifth subparagraph, Article 27(1), second subparagraph, Article 27(3), fourth subparagraph, Article 28(5), Article 28(6), second subparagraph, Article 31(5), second subparagraph, and Article 31a(2), second subparagraph, shall be conferred on the Commission for a period of five years from [the entry into force of this amending Directive]. In accordance with Article 27(1) the Commission shall adopt a delegated act amending Annex III in accordance with scientific and technical progress within the first year after [the entry into force]. In accordance with Article 31(5), the Commission shall adopt a delegated act amending Annexes V and VI by adding or revising default values for production pathways within the first year after [the entry into force]. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period.;
Amendment 1278 #
2021/0218(COD)
Proposal for a directive
Annex I – paragraph 1 – point 3
Annex I – paragraph 1 – point 3
Directive (EU) 2018/2001
Annex III
Annex III
ENERGY CONTENT OF FUELS Annex III is amended adding these fuels: Fuel - Energy content by weight - Energy content by volume FUELS FROM BIOMASS AND/OR BIOMASS PROCESSING OPERATIONS [Bio-propane] Bio-butane - 45 - 27 RENEWABLE FUELS THAT CAN BE PRODUCED FROM VARIOUS RENEWABLE SOURCES, INCLUDING BIOMASS Propane from renewable sources - 46 - 24 Butane from renewable sources - 45 -27
Amendment 1287 #
2021/0218(COD)
Proposal for a directive
Annex I – paragraph 1 – point 5 – point c
Annex I – paragraph 1 – point 5 – point c
Directive (EU) 2018/2001
Annex V
Annex V
18. For the purposes of the calculations referred to in point 17, the emissions to be divided shall be eec + el + esca + those fractions of ep, etd, eccs and eccr that take place up to and including the process step at which a co-product is produced. If any allocation to co-products has taken place at an earlier process step in the life-cycle, the fraction of those emissions assigned in the last such process step to the intermediate fuel product shall be used for those purposes instead of the total of those emissions. In the case of biogas and biomethane, all co-products that do not fall under the scope of point 7 shall be taken into account for the purposes of that calculation. No emissions shall be allocated to wastes and residues. Co- products that have a negative energy content shall be considered to have an energy content of zero for the purposes of the calculation. Wastes and residues including all wastes and residues included in Annex IX shall be considered to have zero life-cycle greenhouse gas emissions up to the process of collection of those materials irrespectively of whether they are processed to interim products before being transformed into the final product. Residues that are not included in Annex IX and fit for use in the food or feed market shall be considered to have the same amount of emissions from the extraction, harvesting or cultivation of raw materials, eec as their closest substitute in the food and feed market that is included in the table in part D. In the case of biomass fuels produced in refineries, other than the combination of processing plants with boilers or cogeneration units providing heat and/or electricity to the processing plant, the unit of analysis for the purposes of the calculation referred to in point 17 shall be the refinery;
Amendment 1296 #
2021/0218(COD)
Proposal for a directive
Annex I – paragraph 1 – point 6 – point c
Annex I – paragraph 1 – point 6 – point c
Wastes and residues including all wastes and residues included in Annex IX shall be considered to have zero life-cycle greenhouse gas emissions up to the process of collection of those materials irrespectively of whether they are processed to interim products before being transformed into the final product. Residues that are not included in Annex IX and fit for use in the food or feed market shall be considered to have the same amount of emissions from the extraction, harvesting or cultivation of raw materials, eec as their closest substitute in the food and feed market that is included in the table in part D of Annex V.
Amendment 1297 #
2021/0218(COD)
Proposal for a directive
Annex I – paragraph 1 – point 6 – point c a (new)
Annex I – paragraph 1 – point 6 – point c a (new)
c a) (d) footnote (3) is replaced by the following (3) Close storage means that the digestate resulting from the digestion process is stored in a gas-tight tank and that the additional biogas released during storage is considered to be recovered for production of additional electricity or biomethane. In the case of biowaste, close storage means that the digestate resulting from the digestion process is directly composted. No greenhouse gas emissions are included in that process.
Amendment 1308 #
2021/0218(COD)
Proposal for a directive
Annex I – paragraph 1 – point 8 a (new)
Annex I – paragraph 1 – point 8 a (new)
Amendment 67 #
2021/0214(COD)
Proposal for a regulation
Recital 1 a (new)
Recital 1 a (new)
(1 a) The European Green Deal with its ambitious objectives has brought to the increase of cost for European producers, thus it is necessary to have an instrument to ensure a level playing field with third countries, which do not have the same ambitious climate policies as the EU has.
Amendment 85 #
2021/0214(COD)
Proposal for a regulation
Recital 8 a (new)
Recital 8 a (new)
(8 a) Tackling carbon leakage requires a global action. The European Union must not only lead by example, but also cooperate with its partners to establish a global carbon price or create a climate club with “like-minded partners” as a long-term solution. Thus, the European Union should reinforce its climate diplomacy and open discussion with third countries, which are interested in adopting similar measure to CBAM, in order to harmonise their instruments.
Amendment 96 #
2021/0214(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) The initiative for a carbon border adjustment mechanism (‘CBAM’) is a part of the ‘Fit for 55 Package’. That mechanism is to serve as an essential element of the EU toolbox to meet the objective of a climate-neutral Union by 2050 in line with the Paris Agreement by addressing risks of carbon leakage resulting from the increased Union climate ambition, while at the same time ensuring a level playing field in order to preserve the competitiveness of EU industries.
Amendment 107 #
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 ETS weakens the price signal that the system provides for the installations receiving it compared to full auctioning and thus affects the incentives for investment into further abatement of emissions.
Amendment 119 #
2021/0214(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) The CBAM seeks to streplace these existing mechanisms by addressing the risk ofn 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 freeprotection in view of higher EU climate ambition by 2030 and thereafter replace progressively these existing mechanisms by addressing the risk 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 Unionbon leakage in a different way.
Amendment 130 #
2021/0214(COD)
Proposal for a regulation
Recital 11 a (new)
Recital 11 a (new)
(11 a) First, under the import provisions, the CBAM seeks to ensure 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 progressively phased out as of 2030 and only provided that the CBAM has proved to be effective to prevent the risk of carbon leakage both for imports and exports. The combined and transitional application of EU ETS allowances allocated free of charge and of the CBAM should in no case result in more favourable treatment for Union goods compared to goods imported into the customs territory of the Union.
Amendment 132 #
2021/0214(COD)
Proposal for a regulation
Recital 11 b (new)
Recital 11 b (new)
(11 b) Second, under the export provisions, the CBAM seeks to limit the risk of replacement of European low- carbon exports with carbon intense products on third-country markets which would undermine the objective of reducing global emissions. It is necessary to continue addressing the risks of carbon leakage associated with European exports to third countries which have not yet limited or priced GHG emissions at the same levels as the EU, by introducing allowance adjustments for exports as of the start of the progressive phasing out of free allowances. Those allowance adjustments for exports are established as a component of the EU ETS and are introduced as part of the CBAM to prevent carbon leakage associated with European exports. To this end, the allowance adjustments for export would remain in force independently from the reduction commitments of free allowances under the EU ETS until other countries take equivalent and effective steps to impose carbon costs on competing production. .
Amendment 133 #
2021/0214(COD)
Proposal for a regulation
Recital 11 c (new)
Recital 11 c (new)
(11 c) Given the unique characteristics of price formation on the EU electricity market, that are not existing in third countries, the mechanism in Article 10a(6) shall remain outside the scope of CBAM until the CBAM can accurately mirror the indirect costs that are actually passed on in electricity prices in Europe.
Amendment 157 #
2021/0214(COD)
Proposal for a regulation
Recital 14
Recital 14
(14) This Regulation should apply to goods imported into the customs territory of the Union from third countries, except where their production has already been subject to the EU ETS, whereby it applies to third countries or territories, or to a carbon pricing system fully linked with the EU ETS. Exceptions will be granted only to those goods imported into the customs territory of the Union which are subject to carbon cost burden equivalent to that incurred under the EU ETS.
Amendment 160 #
2021/0214(COD)
Proposal for a regulation
Recital 14 a (new)
Recital 14 a (new)
(14 a) This Regulation should also apply to goods produced in EU installations subject to the EU ETS and exported from the customs territory of the Union to third countries which have not yet limited or priced GHG emissions at the same levels as the EU.
Amendment 163 #
2021/0214(COD)
Proposal for a regulation
Recital 15
Recital 15
(15) In order to exclude from the CBAM third countries or territories fully integrated into, or linked, to the EU ETS and where the carbon cost burden is equivalent to that under the EU ETS, in the event of future agreements, the power to adopt acts in accordance with Article 290 of TFEU should be delegated to the Commission in respect of amending the list of countries in Annex II. Conversely, those third countries or territories should be excluded from the list in Annex II and be subject to CBAM whereby they do not effectively charge the ETS price on goods exported to the Union.
Amendment 165 #
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. Including indirect emissions and pricing them in the CBAM should be done only once the mismatch between indirect carbon costs and indirect carbon emissions has been reduced to a minimum, as the European electricity grid decarbonises.
Amendment 174 #
2021/0214(COD)
Proposal for a regulation
Recital 19
Recital 19
(19) However, while the EU ETS sets an absolute cap on the GHG emissions from the activities under its scope and allows tradability of allowances (so called ‘cap and trade system’), the CBAM should not establish quantitative limits to import or export, so as to ensure that trade flows are not restricted. Moreover, while the EU ETS applies to installations based in the Union, the CBAM should be applied to certain goods imported into or exported from the customs territory of the Union.
Amendment 180 #
2021/0214(COD)
Proposal for a regulation
Recital 21
Recital 21
(21) In order to preserve its effectiveness as a carbon leakage measure, the CBAM needs to reflect closely the EU ETS price. While on the EU ETS market the price of allowances is determined through auctions, the price of CBAM certificates for imports should reasonably reflect the price of such auctions through averages calculated on a weekly basis. Such weekly average prices reflect closely the price fluctuations of the EU ETS and allow a reasonable margin for importers to take advantage of the price changes of the EU ETS while at the same ensuring that the system remains manageable for the administrative authorities.
Amendment 182 #
2021/0214(COD)
Proposal for a regulation
Recital 22
Recital 22
(22) Under the EU ETS, the total number of allowances issued (the ‘cap’) determines the supply of emission allowances and provides certainty about the maximum emissions of GHG. The carbon price is determined by the balance of this supply against the demand of the market. Scarcity is necessary for there to be a price incentive. As it is not possible to impose a cap on the number of CBAM import certificates available to importers, if importers had the possibility to carry forward and trade CBAM import certificates, this could result in situations where the price for CBAM import certificates would no longer reflect the evolution of the price in the EU ETS. That would weaken the incentive for decarbonisation between domestic and imported goods, favouring carbon leakage and impairing the overarching climate objective of the CBAM. It could also result in different prices for operators of different countries. Therefore, the limits to the possibilities to trade CBAM import certificates and to carry them forward is justified by the need to avoid undermining the effectiveness and climate objective of the CBAM and to ensure even handed treatment to operators from different countries. However, in order to preserve the possibility for importers to optimise their costs, this Regulation should foresee a system where authorities can re-purchase a certain amount of excess certificates from the importers. Such amount is set at a level which allows a reasonable margin for importers to leverage their costs over the period of validity of the import certificates whilst preserving the overall price transmission effect, ensuring that the environmental objective of the measure is preserved.
Amendment 183 #
2021/0214(COD)
Proposal for a regulation
Recital 23
Recital 23
(23) Given that the CBAM, under the import provisions, applies to imports of goods into the customs territory of the Union rather than to installations, certain adaptations and simplifications would also need to apply in the CBAM regime. One of those simplifications should consist in a declarative system where importers should report the total verified GHG emissions embedded in goods imported in a given calendar year. A different timing compared to the compliance cycle of the EU ETS should also be applied to avoid any potential bottleneck resulting from obligations for accredited verifiers under this Regulation and the EU ETS.
Amendment 184 #
2021/0214(COD)
Proposal for a regulation
Recital 23 a (new)
Recital 23 a (new)
(23 a) Under the export provisions of the CBAM, given that the installations concerned can be easily identified, the CBAM would apply to EU installations. The adjustment allowances provided for exported products will calibrate the regulatory obligation and the net regulatory burden imposed under the CBAM regime when those goods are exported from the customs territory of the Union to third countries which have not yet limited or priced GHG emissions at the same levels as the EU.
Amendment 190 #
2021/0214(COD)
Proposal for a regulation
Recital 25
Recital 25
(25) While the EU ETS applies to certain production processes and activities, the CBAM should target the corresponding imports or exports of goods. That requires clearly identifying imported or exported goods by way of their classification in the Combined nomenclature41 (‘CN’) and linking them to embedded GHG emissions. __________________ 41Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff (OJ L 256, 7.9.1987, p. 1).
Amendment 198 #
2021/0214(COD)
Proposal for a regulation
Recital 29
Recital 29
(29) The goods under this Regulation should be selected after a careful analysis of their relevance in terms of cumulated GHG emissions and risk of carbon leakage in the corresponding EU ETS sectors while limiting complexity and administrative burden. In particular, the actual selection should take into account basic materials and basic products covered by the EU ETS with the objective of ensuring that imports of energy intensive products into the Union are on equal footing with EU products in terms of EU ETS carbon pricing, and to mitigate risks of carbon leakage. Other relevant criteria to narrow the selection should be: firstly, relevance of sectors in terms of emissions, namely whether the sector is one of the largest aggregate emitters of GHG emissions; secondly, sector’s exposure to significant risk of carbon leakage, as defined pursuant to Directive 2003/87/EC; thirdly, the need to balance broad coverage in terms of GHG emissions while limiting complexity and administrative effort. fourthly, the impact of Covid-19 on global supply chain disruption and the increasing of prices in raw materials and other strategic sectors.
Amendment 210 #
2021/0214(COD)
Proposal for a regulation
Recital 33
Recital 33
(33) Similar technical constraints apply to refinery products, for which it is not possible to unambiguously assign GHG emissions to individual output products. At the same time, the relevant benchmark in the EU ETS does not directly relate to specific products, such as gasoline, diesel or kerosene, but to all refinery output. Due to these constraints, refinery products should be eligible to be included in the scope only if an unambiguous, verifiable and effective methodology is developed in close cooperation with the refining industry.
Amendment 213 #
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 may be extended to cover also indirect emissions in the future. However, including indirect emissions and pricing them in the CBAM could be considered only once the mismatch between indirect carbon costs and indirect carbon emissions has been reduced to a minimum. If after the initial transitional period, the data collected by the Commission shows that the CBAM cannot effectively protect against carbon leakage and incentivise the reduction of global emissions, further phase-in of CBAM and phase-out of free allocation of emission allowances should be paused until an effective solution can be found.
Amendment 218 #
2021/0214(COD)
Proposal for a regulation
Recital 35 a (new)
Recital 35 a (new)
(35 a) In case European industries producing goods subject to the CBAM face serious difficulties as a result of its implementation, an in-depth assessment developed in close cooperation with the industrial sectors should be made as promptly as possible to examine whether a CBAM is effective and practicable.
Amendment 219 #
2021/0214(COD)
Proposal for a regulation
Recital 36 a (new)
Recital 36 a (new)
(36 a) Before widening the scope of the CBAM to new sectors, including downstream products using goods covered by the CBAM, a prior assessment should be made by the European Commission in consultation with the industrial sectors in order to check its practicability and effectiveness.
Amendment 220 #
2021/0214(COD)
Proposal for a regulation
Recital 36 b (new)
Recital 36 b (new)
(36 b) Circumvention practices must be prohibited, where a change in the pattern of trade between third countries and the Union or between third countries, or between individual companies or within the same undertaking in relation with products included in the scope of this regulation, whether slightly modified or not, stems from a practice, process or work that have insufficient due cause or economic justification other than avoiding obligations as laid down in this Regulation. Those practices should include all types of circumvention practices, including resource shuffling, cost absorption, manipulation of emissions data, wrongful labelling of goods and slight modifications of the product so as to import a product under a different customs code thereby avoiding the present Regulation.
Amendment 230 #
2021/0214(COD)
Proposal for a regulation
Recital 43
Recital 43
(43) CBAM certificates for imports differ from EU ETS allowances for which daily auctioning is an essential feature. The need to set a clear price for CBAM import certificates makes a daily publication excessively burdensome and confusing for operators, as daily prices risk becoming obsolete upon publication. Thus, the publication of CBAM prices on a weekly basis would accurately reflect the pricing trend of EU ETS allowances and pursue the same climate objective. The calculation of the price of CBAM import certificates should therefore be set on the basis of a longer timeframe (on a weekly basis) than in the timeframe established by the EU ETS (on a daily basis). The Commission should be tasked to calculate and publish that average price.
Amendment 232 #
2021/0214(COD)
Proposal for a regulation
Recital 44
Recital 44
(44) In order to give the authorised declarants flexibility in complying with their CBAM obligations and allow them to benefit from fluctuations in the price of EU ETS allowances, the CBAM import certificates should be valid for a period of two years from the date of purchase. The authorised declarant should be allowed to re-sell to the national authority a portion of the certificates bought in excess. The authorised declarant should build up during the year the amount of certificates required at the time of surrendering, with thresholds set at the end of each quarter.
Amendment 251 #
2021/0214(COD)
Proposal for a regulation
Recital 50
Recital 50
(50) A transitional period should apply during the period 2023 until 2025. AUnder the import provisions, 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 254 #
2021/0214(COD)
Proposal for a regulation
Recital 50 a (new)
Recital 50 a (new)
(50 a) Under the export provisions of the CBAM, the allowance adjustments for exports would be implemented as of the start of the phasing out of EU ETS allowances allocated free of charge. A transitional period of two years before the implementation of allowance adjustments for exports is needed to ensure a swift implementation of the mechanism. Particular attention should be paid to the arrangements for the calculation of corresponding allowance adjustments, the operation of registries, the application of the monitoring and reporting guidelines and verification.
Amendment 266 #
2021/0214(COD)
Proposal for a regulation
Recital 52
Recital 52
(52) The Commission should evaluate the application of this Regulation before the end of the transitional period and report to the European Parliament and the Council. The report of the Commission should in particular focus on possibilities to enhance climate actions towards the objective of a climate neutral Union by 2050 and possibilities to improve carbon leakage measures to ensure a level playing field between the EU and third countries. . The Commission shouldall, as part of that evaluation, initiate collection of information necessary to possibly extend the scope to indirect emissions, as well as to other goods and services at risk of carbon leakage, including downstream products using goods covered by the CBAM, and to develop methods of calculating embedded emissions based on the environmental footprint methods47 . With regard to indirect emissions, the evaluation shall take into account the mismatch between indirect carbon costs and indirect carbon emissions and that EU producers are exposed to carbon costs passed on in electricity prices due to the functioning of the EU energy market (indirect carbon costs). __________________ 47 Commission Recommendation 2013/179/EU of 9 April 2013 on the use of common methods to measure and communicate the life cycle environmental performance of products and organisations (OJ L 124, 4.5.2013, p. 1).
Amendment 295 #
2021/0214(COD)
Proposal for a regulation
Recital 59
Recital 59
(59) It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert and industry 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 201651 . In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States' experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts. __________________ 51Interinstitutional Agreement between the European Parliament, the Council of the European Union and the European Commission on Better Law-Making (OJ L 123, 12.5.2016, p. 1).
Amendment 304 #
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 or exportation from the customs territory of the Union, in order to prevent the risk of carbon leakage.
Amendment 307 #
2021/0214(COD)
Proposal for a regulation
Article 1 – paragraph 2
Article 1 – paragraph 2
2. The CBAM complements the system established for greenhouse gas emission allowance trading within the Union by Directive 2003/87/EC by applying an equivalent set of rules to imports into or export from the customs territory of the Union of goods referred to in Article 2.
Amendment 311 #
2021/0214(COD)
Proposal for a regulation
Article 1 – paragraph 3
Article 1 – paragraph 3
3. The mechanism willshould, if effective, progressively become an alternative to the mechanisms established under Directive 2003/87/EC to prevent the risk of carbon leakage, notably the allocation of allowances free of charge in accordance with Article 10a of that Directive, without prejudice to the maintenance of EU ETS allowances allocated free of charge until 2030 and only provided that the CBAM has proven to be effective to prevent the risk of carbon leakage both for imports into or exports from the customs territory of the Union.
Amendment 325 #
2021/0214(COD)
Proposal for a regulation
Article 2 – paragraph 2 a (new)
Article 2 – paragraph 2 a (new)
2a. This Regulation also applies to goods listed in Annex I when those goods are produced in EU installations subject to the EU ETS and exported from the Customs territory of the European Union to third countries which have not yet limited or priced GHG emissions at the same levels as the EU.
Amendment 326 #
2021/0214(COD)
Proposal for a regulation
Article 2 – paragraph 3
Article 2 – paragraph 3
3. By way of derogation from paragraphs 1, 2 and 2a, this Regulation does not apply to goods originating in or exported to countries and territories listed in Annex II, Section A.
Amendment 329 #
2021/0214(COD)
Proposal for a regulation
Article 2 – paragraph 5 a (new)
Article 2 – paragraph 5 a (new)
5a. the regulatory obligation and the net regulatory burden imposed in the country where the goods are originating in are equivalent to those imposed under the EU ETS.
Amendment 331 #
2021/0214(COD)
Proposal for a regulation
Article 2 – paragraph 6
Article 2 – paragraph 6
6. The Commission is empowered to adopt implementing acts in order to determine the conditions for applying the CBAM to goods referred to in paragraph 2 and 2a. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 29(2).
Amendment 365 #
2021/0214(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 4 a (new)
Article 3 – paragraph 1 – point 4 a (new)
(4 a) ‘exportation’ means the release for export of goods produced in EU installations subject to the EU ETS as provided in Article 269 of regulation (EU) N° 952/2013;
Amendment 369 #
2021/0214(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 13
Article 3 – paragraph 1 – point 13
(13) ‘declarant’ means a person lodging a customs declaration, either for release for free circulation in its own name or for export, or the person in whose name such a declaration is lodged in accordance with Regulation (EU) No 952/2013;
Amendment 373 #
2021/0214(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 19
Article 3 – paragraph 1 – point 19
(19) ‘surrender’ means offsetting of CBAM certificates against the declared embedded emissions in imported or exported goods;
Amendment 376 #
2021/0214(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 28 a (new)
Article 3 – paragraph 1 – point 28 a (new)
(28 a) ‘indirect emissions costs’ mean EUA costs passed on in electricity prices. These are not an indication of the physical indirect emissions in the production.
Amendment 377 #
Amendment 378 #
2021/0214(COD)
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
Goods shall only be imported into or exported from the customs territory of the Union by a declarant that is authorised by the competent authority in accordance with Article 17 (‘authorised declarant’).
Amendment 380 #
Amendment 389 #
2021/0214(COD)
Proposal for a regulation
Article 5 a (new)
Article 5 a (new)
Amendment 390 #
Amendment 402 #
2021/0214(COD)
Proposal for a regulation
Article 7 – paragraph 6
Article 7 – paragraph 6
6. The Commission is empowered to adopt implementing acts concerning detailed rules regarding the elements of the calculation methods set out in Annex III, including determining system boundaries of production processes, emission factors, installation-specific values of actual emissions and default values and their respective application to individual goods as well as laying down methods to ensure the reliability of data on the basis of which the default values shall be determined, including the level of detail and the verification of the data. Where necessary, those acts shall provide that the default values can be adapted to particular areas, regions or countries to take into account specific objective factors such as geography, natural resources, market conditions, prevailing energy sources, or industrial processes. The implementing acts shall build upon existing legislation for the verification of emissions and activity data for installations covered by Directive 2003/87/EC, in particular Implementing Regulation (EU) No 2018/2067.
Amendment 409 #
2021/0214(COD)
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. The authorised declarant shall ensure that the total embedded emissions declared in the CBAM declaration submitted pursuant to Article 6 are verified by a verifier accredited pursuant to Article 18, based on the verification principles set out in Annex V. The competent authority is authorised to verify the accuracy of the information in the CBAM declaration.
Amendment 412 #
2021/0214(COD)
Proposal for a regulation
Article 8 – paragraph 3 – introductory part
Article 8 – paragraph 3 – introductory part
3. The Commission is empowered to adopt implementing acts concerning the principles of verification referred to in paragraph 1 as regards the possibility to waive the obligation for the verifier to visit the installation where relevant goods are produced and the obligation to set thresholds for deciding whether misstatements or non-conformities are material and concerning the supporting documentation needed for the verification report. Provisions laid down in such implementing acts shall be equivalent to the provisions set in Regulation 2018/2067.
Amendment 429 #
2021/0214(COD)
Proposal for a regulation
Article 10 – paragraph 6
Article 10 – paragraph 6
6. The records referred to in paragraph 5, point (c), shall be sufficiently detailed to enable the verification in accordance with paragraph 5, point (b), and to enable any competent authority to verify and to review, in accordance with Article 19(1), the CBAM declaration made by an authorised declarant to whom the relevant information was disclosed in accordance with paragraph 8.
Amendment 433 #
2021/0214(COD)
Proposal for a regulation
Article 10 – paragraph 8 a (new)
Article 10 – paragraph 8 a (new)
8a. The central database should, insofar as possible, mirror the information provided in the ETS database.
Amendment 446 #
2021/0214(COD)
Proposal for a regulation
Article 11 – paragraph 1 – subparagraph 1
Article 11 – paragraph 1 – subparagraph 1
The Commission shall make available to the Member States a list of all competent national authorities and publish this information in the Official Journal of the European Union.
Amendment 484 #
2021/0214(COD)
Proposal for a regulation
Article 14 – paragraph 4
Article 14 – paragraph 4
4. The Commission shall establish a central database at the EU level accessible to the public containing the names, addresses and contact details of the operators and the location of installations in third countries in accordance with Article 10(2). An operator may choose not to have its name, address and contact details accessible to the public. The central database should insofar as possible, mirror the ETS database.
Amendment 550 #
2021/0214(COD)
Proposal for a regulation
Article 19 – paragraph 2
Article 19 – paragraph 2
2. Where a CBAM declaration in accordance with Article 6 has not been submitted, the competent authority of the Member State of establishment of the authorised declarant shall assess the CBAM obligations of that declarant on the basis of the information at its disposal and calculate the total number of CBAM certificates due at the latest by the 31 December of the fourth year following that when the CBAM declaration should have been submitted. This information shall be submitted to the competent authority.
Amendment 565 #
2021/0214(COD)
Proposal for a regulation
Article 20 – paragraph 2 – point 1 (new)
Article 20 – paragraph 2 – point 1 (new)
(1) 1. Part of the revenues generated by CBAM needs to be used to support research and innovation in carbon- reducing technologies such as renewable hydrogen uptake, storage, and other types of zero carbon industrial innovation, as well as to spur decarbonisation effort in CBAM sectors through financing to companies operating in exporting both developing and least developed countries. 2. The revenues generated from the sale of CBAM certificates, or the equivalent in financial value of these revenues, shall be used to help European industries in decarbonising their production and in deploying low-carbon technologies, since they are facing higher production costs due to the ambitious objectives set by the European Green Deal, as well as to cover the cost of administration of the CBAM. 3. 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, or the equivalent in financial value of these revenues, from the previous year has been used.
Amendment 569 #
2021/0214(COD)
Proposal for a regulation
Article 20 a (new)
Article 20 a (new)
Article 20 a CBAM Export certificates 1. The competent authority shall register the export of goods listed in Annex I by the declarant. 2. For those export of goods listed in Annex I, the competent authority shall grant adjustment allowances certificates for goods produced in EU installations subject to the EU ETS and exported from the customs territory of the Union to third countries which have not yet limited or priced GHG emissions at the same level as the EU to calibrate the regulatory obligation and the net regulatory burden imposed under the CBAM. The adjustment allowances for the emissions embedded in the good exported mentioned in the certificate shall be deducted in accordance with Article 5 from the annual amount of allowances above the benchmark, or by default, the amount of allowances not covered by the fallback benchmarks to be surrendered to the competent authority.
Amendment 570 #
Amendment 579 #
Amendment 586 #
Amendment 588 #
Amendment 599 #
2021/0214(COD)
Proposal for a regulation
Article 26 – title
Article 26 – title
Penalties in relation to imports of goods
Amendment 608 #
2021/0214(COD)
Proposal for a regulation
Article 26 – paragraph 4 a (new)
Article 26 – paragraph 4 a (new)
4a. In case of repeated failure to surrender a number of CBAM certificates corresponding to the emissions embedded in goods imported during the previous year, or in case of submission of false information in the CBAM declaration, an authorized declarant, and any of its related parties, may be automatically excluded from the register for a period of 3 years from the date of exclusion. The respective verifier – and any of its related parties - who has certified the accuracy of the information in the CBAM declaration has its certification withdrawn by the competent authority.
Amendment 609 #
2021/0214(COD)
Proposal for a regulation
Article 26 – paragraph 5
Article 26 – paragraph 5
5. Member States may apply administrative or criminal sanctions for failure to comply with the CBAM legislation in accordance with their national rules in addition to penalties referred to in paragraphs 2 and 4a. Such sanctions shall be effective, proportionate and dissuasive.
Amendment 614 #
2021/0214(COD)
Proposal for a regulation
Article 27 – paragraph 2
Article 27 – paragraph 2
2. Practices of circumvention include situations where a change in the pattern of trade in relation to goods included in the scope of this Regulationbetween third countries and the Union or between third countries themselves or between individual companies or within the same undertaking in relation to goods included in the scope of this Regulation , whether slightly modified or not, stems from a practice, process or work that has insufficient due cause or economic justification other than avoiding obligations or seeking benefits as laid down in this Regulation and consist in replacing those goods with slightly modified products, which are not included in the list of goods in Annex I but belong to a sector included in the scope of this Regulationor undermining their effects, including on overall GHG emissions and on prices of the goods concerned.
Amendment 621 #
2021/0214(COD)
Proposal for a regulation
Article 27 – paragraph 2 a (new)
Article 27 – paragraph 2 a (new)
2a. The practice, process or work referred to in paragraph 2 include, inter alia: (a) the slight modification of the goods included in the scope of this Regulation to make it fall under customs codes which are normally not subject to the obligations of this Regulation, provided that the modification does not alter its essential characteristics; (b) false declarations as to the identity of the producer of the goods or of the nature of the goods or the production process involved to product these goods; (c) the consignment of the goods via third countries to which more favourable obligations apply; (d) the reorganisation by exporters or producers of their patterns and channels of sales in order to avoid obligations as laid down in this Regulation, or undermine their effects, including on overall GHG emissions and on prices of the goods, for instance via practices of resource shuffling. (e) the assembly of parts by an assembly operation in the Union or a third country to avoid obligations as laid down in this Regulation.
Amendment 622 #
2021/0214(COD)
Proposal for a regulation
Article 27 – paragraph 2 b (new)
Article 27 – paragraph 2 b (new)
2b. Following a complaint made by any party, or at the request of Member States or on its own initiative, the Commission may decide, following an investigation, to extend obligations laid down in this regulation, in whatever way is necessary to prevent future circumvention of the present Regulation, when circumvention of the measures in force is taking place. This includes the possibility for the Commission to impose a penalty on an authorised Declarant involved in the circumvention, if this is proportionate, from the date of registration of imports. Given the circumstances of the individual case, the Commission may also decide to ban those imports from entering the Union territory during a certain period or to prevent the authorized Declarant and any of its related parties to import goods subject to the present Regulation into the Union for a certain period.
Amendment 623 #
2021/0214(COD)
Proposal for a regulation
Article 27 – paragraph 2 c (new)
Article 27 – paragraph 2 c (new)
2c. Decisions referred to in paragraph 2b shall be subject to an appeal procedure.
Amendment 624 #
2021/0214(COD)
Proposal for a regulation
Article 27 – paragraph 2 d (new)
Article 27 – paragraph 2 d (new)
2d. Investigations shall be initiated pursuant to this Article on the initiative of the Commission or at the request of a Member State or of any interested party on the basis of sufficient evidence regarding possible circumvention practices as defined in paragraphs 2 and 2a. Initiations shall be made by means of a Commission regulation which shall also instruct customs authorities of Member States to subject imports to registration in accordance with Article 27(5). The Commission shall provide information to the Member States once a party or a Member State has submitted a request to initiate an investigation and the Commission has completed its analysis thereof, or where the Commission has itself determined that there is a need to initiate an investigation.
Amendment 625 #
2021/0214(COD)
Proposal for a regulation
Article 27 – paragraph 2 e (new)
Article 27 – paragraph 2 e (new)
2e. Investigations shall be carried out by the Commission. The Commission may be assisted by customs authorities and the investigation shall be concluded within 4 months.
Amendment 626 #
2021/0214(COD)
Proposal for a regulation
Article 27 – paragraph 2 f (new)
Article 27 – paragraph 2 f (new)
2f. Where the facts as finally ascertained justify the extension of obligations, this shall be done by the Commission adopting delegated acts.
Amendment 627 #
2021/0214(COD)
Proposal for a regulation
Article 27 – paragraph 3
Article 27 – paragraph 3
3. A Member State or any party affected or benefitted by the situations described in paragraphs 2 to 2f may notify the Commission if it is confronted, over a two- month period compared with the same period in the preceding year with a significant decrease in the volume of imported goods included in the scope of this Regulation and an increase of volume of imports of slightly modified products, which are not included in the list of goods in Annex I. The Commission shall continually monitor any significant change of pattern of trade of goods and slightly modified products at Union level.
Amendment 633 #
2021/0214(COD)
Proposal for a regulation
Article 27 a (new)
Article 27 a (new)
Amendment 646 #
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, including downstream products using goods covered by this Regulation, and develop methods of calculating embedded emissions based on environmental footprint methods.
Amendment 656 #
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 assessmentan in-depth assessment - developed in close cooperation with the industrial sectors - of the rules to be applied during the trial period established pursuing to article 30a and of the possibilities to further extend the scope of embedded emissions to indirect emissions and to other goods at risk of carbon leakage than those already covered by this Regulation, including downstream products using goods covered by this Regulation, as well as an assessment of the governance system. It shall also contain the assessment of the possibility to further extend the scope to embedded emissions of transportation services as well as to goods further down the value chain and services that may be subject to the risk of carbon leakage in the future.
Amendment 678 #
2021/0214(COD)
Proposal for a regulation
Article 30 a (new)
Article 30 a (new)
Article 30 a Further review and reporting by the Commission of the import provisions of the CBAM 1. Following the transitional period, the Commission shall introduce a two-year testing period during which it shall collect and verify data on the surrendering obligations set in Article22 in order to assess the effectiveness of the CBAM in addressing the risk of carbon leakage. 2. In 2029, the European Commission shall present a report to the European Parliament and the Council regarding the effectiveness of the CBAM based on the data collected according to paragraph 1. The report by the European Commission may be accompanied by a legislative proposal to amend the scope of this Regulation, including if the assessment of the effectiveness of the CBAM in tackling carbon leakage shows that EU ETS allowances allocated free of charge in accordance with Article 10a of Directive 2003/87/EC remain necessary to prevent the risk of carbon leakage after 2030.
Amendment 680 #
2021/0214(COD)
Proposal for a regulation
Article 30 b (new)
Article 30 b (new)
Article 30 b Emergency clause In case European industries producing goods subject to the CBAM face serious difficulties in relation to its implementation during the transitional period or the trial period, an individual assessment should be made as promptly as possible to examine whether a CBAM is still effective and practicable for the sector concerned.
Amendment 699 #
2021/0214(COD)
Proposal for a regulation
Article 32 – paragraph 1
Article 32 – paragraph 1
During the transitional period of this Regulation, the import provision of the CBAM mechanism shall apply as a reporting obligation as set out in Articles 33 to 35.
Amendment 704 #
2021/0214(COD)
Proposal for a regulation
Article 35 – paragraph 1
Article 35 – paragraph 1
1. Each declarant shall, for each quarter of a calendar year, submit a report (‘CBAM report’) containing information on the goods imported or exported during that quarter, to the competent authority of the Member State of importation or exportation or, if goods have been imported or exported to more than one Member State, to the competent authority of the Member State at the declarant’s choice, no later than one month after the end of each quarter.
Amendment 705 #
2021/0214(COD)
Proposal for a regulation
Article 35 – paragraph 2 – introductory part
Article 35 – paragraph 2 – introductory part
2. The CBAM report shall include the following information for imports and where relevant for exports:
Amendment 730 #
2021/0214(COD)
Proposal for a regulation
Annex I – subheading 3 a (new)
Annex I – subheading 3 a (new)
Amendment 731 #
2021/0214(COD)
Proposal for a regulation
Annex I – table 5
Annex I – table 5
CN code Greenhouse gas 7601 – Unwrought aluminium Carbon dioxide and perfluorocarbons 7603 – Aluminium powders and flakes Carbon dioxide and perfluorocarbons 7604 – Aluminium bars, rods and profiles Carbon dioxide and perfluorocarbons 7605 – Aluminium wire Carbon dioxide and perfluorocarbons 7606 – Aluminium plates, sheets and strip, Carbon dioxide and perfluorocarbons of a thickness exceeding 0,2 mm 7607 – Aluminium foil (whether or not Carbon dioxide and perfluorocarbons printed or backed with paper, paper-board, plastics or similar backing materials) of a thickness (excluding any backing) not exceeding 0,2 mm 7608 – Aluminium tubes and pipes Carbon dioxide and perfluorocarbons 7609 00 00 – Aluminium tube or pipe Carbon dioxide and perfluorocarbons fittings (for example, couplings, elbows, sleeves) 7610 - Aluminium structures (excluding Carbon dioxide and perfluorocarbons prefabricated buildings of heading 9406) and parts of structures (for example, bridges and bridge sections, towers, lattice masts, roofs, roofing frameworks, doors and windows and their frames and thresholds for doors, balustrades, pillars and columns); aluminium plates, rods, profiles, tubes and the like, prepared for use in structures: 7611 00 00 - Aluminium reservoirs, tanks, Carbon dioxide and perfluorocarbons vats and similar containers, for any material (other than compressed or liquefied gas), of a capacity exceeding 300 litres, whether or not lined or heat- insulated, but not fitted with mechanical or thermal equipment 7612 - Aluminium casks, drums, cans, Carbon dioxide and perfluorocarbons boxes and similar containers (including rigid or collapsible tubular containers), for any material (other than compressed or liquefied gas), of a capacity not exceeding 300 litres, whether or not lined or heat-insulated, but not fitted with mechanical or thermal equipment: 7613 00 00 - Aluminium containers for Carbon dioxide and perfluorocarbons compressed or liquefied gas 7614 - Stranded wire, cables, plaited Carbon dioxide and perfluorocarbons bands and the like, of aluminium, not electrically insulated: 7615 - Table, kitchen or other household Carbon dioxide and perfluorocarbons articles and parts thereof, of aluminium; pot scourers and scouring or polishing pads, gloves and the like, of aluminium; sanitary ware and parts thereof, of aluminium: 7616 - Other articles of aluminium: Carbon dioxide and perfluorocarbons
Amendment 41 #
2021/0211(COD)
Proposal for a directive
Recital 13
Recital 13
(13) Greenhouse gases that are not directly released into the atmosphere should be considered emissions under the EU ETS and allowances should be surrendered for those emissions unless they are captured and reused for example to produce recycled carbon fuels and renewables liquid and gaseous fuels of non-biological origin , stored in a storage site in accordance with Directive 2009/31/EC of the European Parliament and of the Council46 , or they are permanently chemically bound in a product so that they do not enter the atmosphere under normal use. The Commission should be empowered to adopt implementing acts specifying the conditions where greenhouse gases are to be considered as permanently chemically bound in a product so that they do not enter the atmosphere under normal use, including obtaining a carbon removal certificate, where appropriate, in view of regulatory developments with regard to the certification of carbon removals. _________________ 46Directive 2009/31/EC of the European Parliament and of the Council of 23 April 2009 on the geological storage of carbon dioxide and amending Council Directive 85/337/EEC, European Parliament and Council Directives 2000/60/EC, 2001/80/EC, 2004/35/EC, 2006/12/EC, 2008/1/EC and Regulation (EC) No 1013/2006 (OJ L 140, 5.6.2009, p. 114).
Amendment 54 #
2021/0211(COD)
Proposal for a directive
Recital 17
Recital 17
(17) In the European Green Deal, the Commission stated its intention to take additional measures to address greenhouse gas emissions from the maritime transport sector through a basket of measures to enable the Union to reach its emissions reduction targets. In this context, Directive 2003/87/EC should be amended to include the maritime transport sector in the EU ETS in order to ensure this sector contributes to the increased climate objectives of the Union as well as to the objectives of the Paris Agreement, which requires developed countries to take the lead by undertaking economy-wide emission reduction targets, while developing countries are encouraged to move over time towards economy-wide emission reduction or limitation targets.49 Considering that emissions from international aviation outside Europe should be capped from January 2021 by global market-based action while there is no action in place that caps or prices maritime transport emissions, it is appropriate that the EU ETS covers a share of the emissions from voyages between a port under the jurisdiction of a Member State and port under the jurisdiction of a third country, with the third country being able to decide on appropriate action in respect of the other share of emissions. The extension of the EU ETS to the maritime transport sector should thus include half of the emissions from ships performing voyages arriving at a port under the jurisdiction of a Member State from a port outside the jurisdiction of a Member State, half of the emissions from ships performing voyages departing from a port under the jurisdiction of a Member State and arriving at a port outside the jurisdiction of a Member State, emissions from ships performing voyages arriving at a port under the jurisdiction of a Member State from a port under the jurisdiction of a Member State, and emissions at berth in a port under the jurisdiction of a Member State. This approach has been noted as a practical way to solve the issue of Common but Differentiated Responsibilities and Capabilities, which has been a longstanding challenge in the UNFCCC context. The coverage of a share of the emissions from both incoming and outgoing voyages between the Union and third countries ensures the effectiveness of the EU ETS, notably by increasing the environmental impact of the measure compared to a geographical scope limited to voyages within the EU, while limiting the risk of evasive port calls and the risk of delocalisation of transhipment activities outside the Union. To ensure a smooth inclusion of the sector in the EU ETS, the surrendering of allowances by shipping companies should be gradually increased with respect to verified emissions reported for the period 2023 to 2025. To protect the environmental integrity of the system, to the extent that fewer allowances are surrendered in respect of verified emissions for maritime transport during those years, once the difference between verified emissions and allowances surrendered has been established each year, a corresponding a number of allowances should be cancelled. As from 2026, shipping companies should surrender the number of allowances corresponding to all of their verified emissions reported in the preceding year. However, measures should be taken to ensure that the extension of the ETS to maritime transport affects Member States in a fair and not disproportionate manner, taking into account their specific circumstances. _________________ 49 Paris Agreement, Article 4(4). 49
Amendment 75 #
2021/0211(COD)
Proposal for a directive
Recital 29
Recital 29
Amendment 85 #
2021/0211(COD)
Proposal for a directive
Recital 30
Recital 30
(30) The Carbon Border Adjustment Mechanism (CBAM), established under Regulation (EU) […./..] of the European Parliament and of the Council51 , is an alternative to free allocation to address the risk of carbon leakage. To the extent that sectors and subsectors are covered by that measure, they should not receive free allocation. However, a transitional phasing-out of free allowances is needed to allow producers, importers and traders to adjust to the new regime. The reduction of free allocation should be implemented by applying a factor to free allocation for CBAM sectors, while the CBAM is phased in. Sufficient safeguards should nevertheless be provided for the products intended for exports and their producers. This percentage (CBAM factor) should be equal to 100 % during the transitional period between the entry into force of [CBAM Regulation] and 2025, 90 % in 2026 and should be reduced by 10 percentage points each year to reach 0 % and thereby eliminate free allocation by the tenth year. The relevant delegated acts on free allocation should be adjusted accordingly for the sectors and subsectors covered by the CBAM, taking into account the need to maintain free allowances for the products that are exported. The free allocation no longer provided to the CBAM sectors based on this calculation (CBAM demand) must be auctioned and the revenues will accrue to the Innovation Fund, so as to support innovation in low carbon technologies, carbon capture and utilisation (‘CCU’), carbon capture and geological storage (‘CCS’), renewable energy and energy storage, in a way that contributes to mitigating climate change. Special attention should be given to projects in CBAM sectors. To respect the proportion of the free allocation available for the non- CBAM sectors, the final amount to deduct from the free allocation and to be auctioned should be calculated based on the proportion that the CBAM demand represents in respect of the free allocation needs of all sectors receiving free allocation. _________________ 51 [please insert full OJ reference]
Amendment 95 #
2021/0211(COD)
Proposal for a directive
Recital 31
Recital 31
Amendment 100 #
2021/0211(COD)
Proposal for a directive
Recital 31 a (new)
Recital 31 a (new)
(31a) In order to reflect the actual technological progress within installations included in product benchmarks with consideration of fuel and electricity exchange ability in Commission Implementing Regulation (EU) 2021/447 and where the share of indirect emissions is higher than 50% of the relevant product benchmarks, the update of such benchmarks for the periods as of 2026 shall not be affected by the evolution of the carbon intensity of the electricity mix.
Amendment 102 #
2021/0211(COD)
Proposal for a directive
Recital 32
Recital 32
(32) A comprehensive approach to innovation is essential for achieving the European Green Deal objectives. At EU level, the necessary research and innovation efforts are supported, among others, through Horizon Europe which include significant funding and new instruments for the sectors coming under the ETS. Consequently, the Innovation Fund should seek synergies with Horizon Europe and, where relevant, with other Union funding programmes. Member States should ensure that the national transposition provisions do not hamper innovations and are technologically neutral.
Amendment 111 #
2021/0211(COD)
Proposal for a directive
Recital 33
Recital 33
(33) The scope of the Innovation Fund referred to in Article 10a(8) of Directive 2003/87/EC should be extended to support innovation in and demonstration of low- carbon technologies and processes that concern the consumption of fuels in the sectors of buildings and road transport. In addition, the Innovation Fund should serve to support investments to decarbonise the maritime transport sector, including investments in sustainable alternative fuels, such as hydrogen and ammonia and synthetic fuels that are produced from renewables, as well as zero-emission propulsion technologies like wind technologies. Considering that revenues generated from penalties raised in Regulation xxxx/xxxx [FuelEU Maritime]52 are allocated to the Innovation Fund as external assigned revenue in accordance with Article 21(5) of the Financial Regulation, the Commission should ensure that due consideration is given to support for innovative projects aimed at accelerating the development and deployment of renewable and low carbon fuels in the maritime sector, as specified in Article 21(1) of Regulation xxxx/xxxx [FuelEU Maritime]. To ensure sufficient funding is available for innovation within this extended scope, the Innovation Fund should be supplemented with 50 million allowances, stemming partly from the allowances that could otherwise be auctioned, and partly from the allowances that could otherwise be allocated for free, in accordance with the current proportion of funding provided from each source to the Innovation Fund. _________________ 52[add ref to the FuelEU Maritime Regulation].
Amendment 127 #
2021/0211(COD)
Proposal for a directive
Recital 40
Recital 40
(40) Renewable liquid and gaseous fuels of non-biological origin and recycled carbon fuels can be important to reduce greenhouse gas emissions in sectors that are hard to decarbonise. Where recycled carbon fuels and renewable liquid and gaseous fuels of non-biological origin are produced from captured carbon dioxide under an activity covered by this Directive, the emissions should be accounted under that activity where the CO2 is emitted into the atmosphere. To ensure that renewable fuels of non-biological origin and recycled carbon fuels contribute to greenhouse gas emission reductions and to avoid double counting for fuels that do so, it is appropriate to explicitly extend the empowerment in Article 14(1) to the adoption by the Commission of implementing acts laying down the necessary adjustments for how and where to account for the eventual release of carbon dioxide and how to avoid double counting to ensure appropriate incentives are in place for capturing the CO2, taking also into account the treatment of these fuels under Directive (EU) 2018/2001.
Amendment 130 #
2021/0211(COD)
Proposal for a directive
Recital 42
Recital 42
Amendment 155 #
2021/0211(COD)
Proposal for a directive
Recital 54
Recital 54
(54) Innovation and development as well as demonstration and up-scaling of new low-carbon technologies in the sectors of buildings and road transport are crucial for ensuring the cost-efficient contribution of these sectors to the expected emission reductions. Therefore, 150 million allowances from emissions trading in the buildings and road transport sectors should also be made available to the Innovation Fund to stimulate the cost-efficient emission reductions.
Amendment 181 #
2021/0211(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point a
Article 1 – paragraph 1 – point 2 – point a
Directive 2003/87/EC
Annex I
Annex I
(b) ‘emissions’ means the release into the atmosphere of greenhouse gases from sources in an installation or the release into the atmosphere from an aircraft performing an aviation activity listed in Annex I or from ships performing a maritime transport activity listed in Annex I of the gases specified in respect of that activity, or the release of greenhouse gases corresponding to the activity referred to in Annex III;”;
Amendment 213 #
2021/0211(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 10
Article 1 – paragraph 1 – point 10
Directive 2003/87/EC
Article 9 – paragraph 1a
Article 9 – paragraph 1a
“In [the year following entry into force of this amendment], the Union-wide quantity of allowances shall be decreased by [-- million allowances (to be determined depending on year of entry into force)]. In the same year, the Union-wide quantity of allowances shall be increased by 79 million allowances for maritime transport. Starting in [the year following entry into force of this amendment], the linear factor shall be 4,2 %5.09% until 2030. The Commission shall publish the Union-wide quantity of allowances within 3 months of [date of entry into force of the amendment to be inserted].”;
Amendment 240 #
2021/0211(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 12 – point a – point i
Article 1 – paragraph 1 – point 12 – point a – point i
Directive 2003/87/EC
Article 8(4)
Article 8(4)
Amendment 262 #
2021/0211(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 12 – point a – point ii
Article 1 – paragraph 1 – point 12 – point a – point ii
Directive 2003/87/EC
Article 10 – paragraph 1 – subparagraph 3
Article 10 – paragraph 1 – subparagraph 3
In order to provide further incentives for reducing greenhouse gas emissions and improving energy efficiency, the determined Union- wide ex-ante benchmarks shall be reviewedsubjected to an extensive and comprehensive assessment by the European Commission to evaluate the need to review them before the period from 2026 to 2030 in view of potentially modifying the definitions and system boundaries of existing product benchmarks.
Amendment 266 #
2021/0211(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 12 – point b – introductory part
Article 1 – paragraph 1 – point 12 – point b – introductory part
Directive 2003/87/EC
Article 10 a – paragraph 1 a – new
Article 10 a – paragraph 1 a – new
(b) the following paragraph 1a is inserted: Free allocation at benchmark level shall be given in relation to the production of products listed in Annex I of Regulation [CBAM] until the full effectiveness of the CBAM in tackling the carbon leakage risk both on the EU market and on export markets is assessed and positively verified. To this purpose, in 2029 the Commission shall present to the European Parliament and the Council a report pursuant to Regulation [CBAM] regarding the effectiveness of the CBAM. The report shall also include the selected option to address the carbon leakage risk on export markets. The report by the Commission shall be accompanied by a legislative proposal to amend this article in view of gradually phasing out free allocation after 2030 proportionally to the proven level of effectiveness of the CBAM. Allowances resulting from the reduction of free allocation shall be made available to support innovation in relation to the production of products listed in Annex I of Regulation [CBAM] in accordance with Article 10a(8).
Amendment 267 #
2021/0211(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 12 – point b
Article 1 – paragraph 1 – point 12 – point b
Directive 2003/87/EC
Article 10 a – paragraph 1 a – new
Article 10 a – paragraph 1 a – new
Amendment 292 #
2021/0211(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 12 – point c – point i
Article 1 – paragraph 1 – point 12 – point c – point i
Directive 2003/87/EC
Article 10 a – paragraph 2 – subparagraph 3 – point c
Article 10 a – paragraph 2 – subparagraph 3 – point c
(c) For the period from 2026 to 2030, the benchmark values shall be determined in the samIn order to provide further incentives for reducing greenhouse gas emissions in the steel industry, the manner as set out in points (a) and (d) on the basis of information submitted pursuant to Article 11 for the years 2021 and 2022 and on the basis of applying the annual reduction rate in respect of each year between 2008 and 2028ual reduction rate of the product benchmark hot metal calculated pursuant to the previous sub-paragraph shall not be affected by the modification of benchmark definitions and system boundaries pursuant to the fifth sub-paragraph of article 10a1 when the calculation of such rate is influenced by installations that were operational in the period referred to the first sub-paragraph of article 10a2.
Amendment 298 #
2021/0211(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 12 – point c – point ii
Article 1 – paragraph 1 – point 12 – point c – point ii
Directive 2003/87/EC
Article 10 a – paragraph 2 – third paragraph – point d
Article 10 a – paragraph 2 – third paragraph – point d
(d) Where the annual reduction rate exceeds 2,5 % or is below 0,2 %, the benchmark values for the period from 2026 to 2030 shall be the benchmark values applicable in the period from 2013 to 2020 reduced by whichever of those two percentage rates is relevant, in respect of each year between 2008 and 2028. By way of derogation from the previous point, the maximum annual reduction rate of the fuel and heat fallback benchmarks shall remain at 1.6%.
Amendment 311 #
2021/0211(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 12 – point e
Article 1 – paragraph 1 – point 12 – point e
Directive 2003/87/EC
Article 10 a – paragraph 6 – subparagraph 1
Article 10 a – paragraph 6 – subparagraph 1
Member States shouldall adopt financial measures in accordance with the second and fourth subparagraphs in favour of sectors or subsectors which are exposed to a genuine risk of carbon leakage due to significant indirect costs that are actually incurred from greenhouse gas emission costs passed on in electricity prices, provided that such financial measures are in accordance with State aid rules, and in particular do not cause undue distortions of competition in the internal market. The financial measures adopted should not compensate indirect costs covered by free allocation in accordance with the benchmarks established pursuant to paragraph 1. Where a Member State spends an amount higher than the equivalent of 25 % of their auction revenues of the year in which the indirect costs were incurred, it shall set out the reasons for exceeding that amount.
Amendment 339 #
2021/0211(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 12 – point g
Article 1 – paragraph 1 – point 12 – point g
Directive 2003/87/EC
Article 10 a – paragraph 8 – subparagraph 6
Article 10 a – paragraph 8 – subparagraph 6
Projects shall be selected on the basis of objective and transparent criteria and on a technology-neutral basis, taking into account, where relevant, the extent to which projects contribute to achieving emission reductions well below the benchmarks referred to in paragraph 2. Projects shall have the potential for widespread application or to significantly lower the costs of transitioning towards a low-carbon economy in the sectors concerned. Projects involving CCU shall deliver a net reduction in emissions and ensure avoidance or permanent storage of CO2. In the case of grants provided through calls for proposals, up to 60 % of the relevant costs of projects may be supported, out of which up to 40 % need not be dependent on verified avoidance of greenhouse gas emissions, provided that pre-determined milestones, taking into account the technology deployed, are attained. In the case of support provided through competitive bidding and in the case of technical assistance support, up to 100 % of the relevant costs of projects may be supported.
Amendment 343 #
2021/0211(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 12 – point g Directive 2003/87/EC
Article 1 – paragraph 1 – point 12 – point g Directive 2003/87/EC
The calls for proposal shall be open and transparent and clearly set out what kinds of technologies can be supported. The Commission shall take measures to ensure that the calls are communicated as widely as possible, and especially to SMEs.
Amendment 344 #
2021/0211(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 12 – point g
Article 1 – paragraph 1 – point 12 – point g
Directive 2003/87/EC
Article 10 a – paragraph 8 – subparagraph 7 a
Article 10 a – paragraph 8 – subparagraph 7 a
The Innovation Fund shall, where appropriate, ensure that there are effective synergies with other relevant Union funding instruments, such as Horizon Europe, and in particular with European partnerships.
Amendment 346 #
2021/0211(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 12 a (new)
Article 1 – paragraph 1 – point 12 a (new)
Directive 2003/87/EC
Article 1 – paragraph 1 – point 12 a (new)
Article 1 – paragraph 1 – point 12 a (new)
(12a) In order to avoid an adjustment of free allocation as of Article 10a (5), in addition to the flexibility provided in paragraph 5a, allowances in the market stability reserve shall be used corresponding to an amount of up to 5% of the total quantity of allowances.
Amendment 353 #
2021/0211(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 14 – point a
Article 1 – paragraph 1 – point 14 – point a
Directive 2003/87/EC
Article 10 d – paragraph 1– subparagraph 1
Article 10 d – paragraph 1– subparagraph 1
1. A fund to support investments proposed by the beneficiary Member States, including the financing of small- scale investment projects, including in regions and municipalities, to modernise energy systems and improve energy efficiency shall be established for the period from 2021 to 2030 (the ‘Modernisation Fund’). The Modernisation Fund shall be financed through the auctioning of allowances as set out in Article 10, for the beneficiary Member States set out therein.
Amendment 392 #
2021/0211(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 15 – point e
Article 1 – paragraph 1 – point 15 – point e
Directive 2003/87/EC
Article 12 – paragraph 3 b – subparagraph 1
Article 12 – paragraph 3 b – subparagraph 1
3b. An obligation to surrender allowances shall not arise in respect of emissions of greenhouse gases which are considered to have been captured and utilised to become permanently chemically bound in a product so that they do not enter the atmosphere under normal use, and in respect of greenhouse gases that are captured and used to produce recycled carbon fuels and renewable liquid and gaseous fuels of non-biological origin.
Amendment 447 #
2021/0211(COD)
Proposal for a directive
Annex I – paragraph 1 – point a
Annex I – paragraph 1 – point a
Directive 2003/87/EC
Annex 1 – point 1
Annex 1 – point 1
1. Installations or parts of installations used for research, development and testing of new products and processes, and installations where emissions from the combustion of biomass that complies with the criteria set out pursuant to Article 14 contribute to more than 95 % of the total greenhouse gas emissionexclusively using biomass are not covered by this Directive.
Amendment 173 #
2021/0210(COD)
Proposal for a regulation
Recital 1
Recital 1
(1) Maritime transport accounts for around 75% of EU external trade and 31% of EU internal trade in terms of volume. At the same time, ship traffic to or from ports in the European Economic Area accounts for some 11% of all EU CO2 emissions from transport and 3-4% of total EU CO2 emissions. 400 million passengers embark or disembark annually in ports of Member States, including around 14 million on cruise ships. Maritime transport is therefore an essential component of Europe’s transport system and plays a critical role for the European economy, especially in the post-pandemic scenario. The maritime transport market is subject to strong and sometimes unfair competition between economic actors in the Union and beyond for which a level playing field is indispensable. The stability and prosperity of the maritime transport market and its economic actors rely on a clear, predictable, stable and harmonised policy framework where maritime transport operators, ports and other actors in the sector can operate on the basis of equal opportunities. Where market distortions occur, they risk putting ship operators, or ports at a disadvantage compared to competitors within the maritime transport sector or in other transport sectors. In turn, this can result in a loss of competitiveness of the maritime transport industry, and a loss of connectivity for citizenustomers and businesses. Maritime transport remains a key asset to connect islands and peripheral areas of the continent.
Amendment 177 #
2021/0210(COD)
Proposal for a regulation
Recital 2
Recital 2
(2) To enhance the Union’s climate commitment under the Paris Agreement and set out the steps to be taken to achieve climate neutrality by 2050, and to translate the political commitment into a legal obligation, the Commission adopted the (amended) proposal for a Regulation of the European Parliament and of the Council on establishing the framework for achieving climate neutrality and amending Regulation (EU) 2018/1999 (European Climate Law)19 as well as the Communication ‘Stepping up Europe’s 2030 climate ambition’20 . This also integrates the target of reducing greenhouse gas (GHG) emissions by at least 55% compared to 1990 levels by 2030. Accordingly, various complementary policy instruments are needed to motivate the use and production of sustainably produced renewable and low-carbon fuels, included in the maritime transport sector. The necessary technology development and deployment has to happen by 2030in due time to prepare for much more rapid change thereafter. _________________ 19 COM(2020) 563 final 20 COM(2020) 562 final
Amendment 183 #
2021/0210(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) In the context of fuel transition to renewable and low carbon fuels and substitute sources of energy, it is essential to ensure the proper functioning of and fair competition in the EU maritime transport market regarding marine fuels, which account for a substantial share of ship operators’ costs. Differences in fuel requirements across Member States of the Union can significantly affect ship operators’ economic performance and negatively impact competition in the market. Due to the international nature of shipping, ship operators may easily bunker in third countries and carry large amounts of fuel. This may lead to carbon leakage and detrimental effects on the competitiveness of the sector if the availability of renewable and low carbon fuels in maritime ports under the jurisdiction of a Member State is not accompanied by requirements for their use that apply to all ship operators arriving at and departing from ports under the jurisdiction of Member States. This Regulation should lay down measures to ensure that the penetration and development of renewable low-carbon fuels in the marine fuels market takes place under the conditions of fair competition on the EU maritime transport market.
Amendment 191 #
2021/0210(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) The rules laid down in this Regulation should apply in a non- discriminatory manner to all ships regardless of their flag. For reasons of coherence with Union and international rules in the area of maritime transport, this Regulation should not apply to warshipmilitary and police units, naval auxiliaries, fish- catching or fish- processing ships, or government ships used for non-commercial purposes.
Amendment 195 #
2021/0210(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) The development and deployment of new fuels and energy solutions requires a coordinated and pragmatic approach to match supply, demand and the provision of appropriate distribution infrastructure. Appropriate incentives and economies of scale on the supply side will facilitate further developments of these new fuels. While the current European regulatory framework already partly addresses fuel production with Directive (EU) 2018/2001 of the European Parliament and of the Council22 and distribution with Directive 2014/94/EU of the European Parliament and of the Council23 , there is also a need for a tool that establishes increasing levels of demand of renewable and low-carbon maritime fuels. _________________ 22Directive (EU) 2018/2001 of the European Parliament and of the Council of 11 December 2018 on the promotion of the use of energy from renewable sources (OJ L 328, 21.12.2001, p. 82). 23 Directive 2014/94/EU of the European Parliament and of the Council of 22 October 2014 on the deployment of alternative fuels infrastructure (OJ L 307, 28.10.2014, p. 1).
Amendment 197 #
2021/0210(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) While instruments such as carbon pricing or targets on the carbon intensity of activity promote improvements in energy efficiency, they are not suited to bring about a significant shift towards renewable and low-carbon fuels in the short and medium term. A specific regulatory approach dedicated to the deployment of renewable and low-carbon marine fuels and substitute sources of energy, such as wind or electricity, is therefore necessary, even if some of these technologies should be further researched.
Amendment 201 #
2021/0210(COD)
Proposal for a regulation
Recital 9 a (new)
Recital 9 a (new)
(9 a) Whilst there may then be a tendency to favour these new, potentially better or more promising solutions, the investments made in the former technologies, fuels or other solutions still need to be honoured and protected in that the investments made in these “former” technologies, fuels or solutions need to be returned. For these reasons, there is need for the waterborne sector in Europe to be granted the necessary legal certainty that is a prerequisite to achieve the EU Green Deal targets.
Amendment 204 #
2021/0210(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) Policy interventionConsidering that in the short term many zero-emissions technologies will not be immediately available and affordable, it is crucial to promote initiatives to stimulate demand of renewable and low- carbon maritime fuels should be goal-based and respect the principle of technological neutrality. Accordingly, limits should be set on the greenhouse gas intensity of the energy used on-board by ships without prescribing the use of any particular fuel or technology.
Amendment 205 #
2021/0210(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) Development and deployment of renewable and low carbon fuels with a high potential for sustainability, commercial maturity and a high potential for innovation and growth to meet future needs should be promoted, also establishing a clear and predictable legal framework for producers, suppliers and operators. This will support creating innovative and competitive fuels markets and ensure sufficient supply of sustainable maritime fuels in the short and long term to contribute to Union transport decarbonisation ambitions, while strengthening Union’s efforts towards a high level of environmental protection. For this purpose, LNG and other sustainable maritime fuels produced from feedstock listed in Parts A and B of Annex IX of Directive (EU) 2018/2001, as well as synthetic maritime fuels should be eligible. In particular, LNG and other sustainable maritime fuels produced from feedstock listed in Part B of Annex IX of Directive (EU) 2018/2001 are essential, as currently the most commercially mature technology to decarbonise martime transport already in the short term.
Amendment 212 #
2021/0210(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) However, this approach must be stricter in the maritime sector. The maritime sector has currently insignificant levels of demand for food and feed crops- based biofuels, bioliquids and biomass fuels, since over 99% of currently used marine fuels are of fossil origin. Therefore, the non-eligibility of food and feed crop- based fuels under this Regulation also minimises any risk to slow down the decarbonisation of the transport sector, which could otherwise result from a shift of crop-based biofuels from the road to the maritime sector. It is essential to minimise such a shift, as road transport currently remains by far the most polluting transport sector and the maritime transport currently uses predominanetly fuels of fossil origin. It is therefore appropriate to avoid the creation of a potentially large demand of food and feed crops-based biofuels, bioliquids and biomass fuels by promoting their use under this Regulation. Accordingly, the additional greenhouse gas emissions and loss of biodiversity caused by all types of feed and food crop- based fuels require that these fuels be considered to have the same emission factors as the least favourable pathway.
Amendment 215 #
2021/0210(COD)
Proposal for a regulation
Recital 14
Recital 14
(14) The long lead times and the high costs associated to the development and deployment of new fuels and energy solutions for maritime transport require rapid action and the establishment of a clear and predictable long-term regulatory framework facilitating planning and investment from all the stakeholders concerned. A clear and stable long-term regulatory framework will facilitate, agreed with the stakeholders, will be crucial for the development and deployment of new fuels and energy solutions for maritime transport, and encourage investment from stakeholders. Such framework should define limits for the greenhouse gas intensity of the energy used on-board by ships until 2050. Those limits should become more ambitious over time to reflect the expected technology development and increased production of marine renewable and low carbon fuels.
Amendment 217 #
2021/0210(COD)
Proposal for a regulation
Recital 14 a (new)
Recital 14 a (new)
(14 a) To encourage the entire waterborne sector to invest significantly in the transformation of waterborne transport into a zero-emission mode of transport, investments need to be underpinned by a legal framework that offers legal certainty to the entire sector, including to the European Maritime Technology Sector.
Amendment 218 #
2021/0210(COD)
Proposal for a regulation
Recital 14 b (new)
Recital 14 b (new)
(14 b) Due to the longevity of maritime technology, maritime stakeholders, including shipyards and maritime equipment manufacturers, deserve protection in terms of legal certainty, in particular first movers investing in innovative technologies and/or in new fuels. The rationale therefor is that the transition towards zero-emission waterborne transport and towards a zero- emission maritime (technology) sector will face rapidly changing state-of-the-art technologies, alternative fuels or other zero-emission solutions offering new superior pathways compared to recent solutions.
Amendment 230 #
2021/0210(COD)
Proposal for a regulation
Recital 19
Recital 19
(19) The future use of renewable energy sources and alternative propulsion, such as wind and solar energy, could be a possible solution to greatly reduces the greenhouse gas intensity of the overall ship energy use. The difficulty to accurately measure and quantify these energy sources (intermittence of the energy use, direct transfer as propulsion, etc.) should not impede their recognition in the overall ship energy use through means of approximations of their contribution to the ship’s energy balance.
Amendment 232 #
2021/0210(COD)
Proposal for a regulation
Recital 20
Recital 20
(20) Air pollution produced by ships (sulphur oxides, nitrogen oxides and particulate matter) at berth is a significant concern for coastal areas and port cities. Therefore, specific and stringent obligations should be imposdeveloped to reduce emissions at berth from ships that draw power from their engines during their stay in port. According to the data collected within the framework of Regulation (EU) 2015/757 in 2018, passenger ships and containerships are the ship categories producing the highest amount of emissions per ship at berth. Accordingly, emissions from these categories of ships should be addressed as a priority, providing, at the same time, enough and specific infrastructures.
Amendment 234 #
2021/0210(COD)
Proposal for a regulation
Recital 21
Recital 21
(21) The use of on-shore power supply (OPS) abates air pollution produced by ships as well as reduces the amount of GHG emissions generated by maritime transport. OPS represents an increasingly clean power supply available to ships at berth, in view of the growing renewables share in the EU electricity mix. While only the provision on OPS connection points is covered by Directive 2014/94/EU (Alternative Fuels Infrastructure Directive – AFID), the demand for and, as a result, the deployment of this technology has remained limited. Therefore specific rules and incentives should be established to mandatedevelop the use of OPS by the most polluting ships.
Amendment 250 #
2021/0210(COD)
Proposal for a regulation
Recital 27
Recital 27
(27) Certification of fuels is essential to achieve the objectives of this Regulation and guarantee the environmental integrity of the renewable and low-carbon fuels that are expected to be deployed in the maritime sector. Such certification should be undertaken by means of a transparent, standardised and non-discriminatory procedure. With a view to facilitating certification and limiting the administrative burden, the certification of biofuels, biogas, renewable fuels of non-biological origin and recycled carbon fuel should rely on the rules established by Directive (EU) 2018/2001. This approach of certification should also apply to fuels bunkered outside the Union, which should be considered as imported fuels, in a similar way as Directive (EU) 2018/2001. When companies intend to depart from the default values provided for by that Directive or this new framework, this should only be done when values can be certified by one of the voluntary schemes recognised under Directive (EU) 2018/2001 (for well-to-tank values) or by means of laboratory testing or direct emissions measurements (tank-to-wake).
Amendment 251 #
2021/0210(COD)
Proposal for a regulation
Recital 31
Recital 31
(31) Compliance with this Regulation would depend on elements that could be beyond control of the company, such as issues related to fuel availability or fuel quality. Therefore, companies should be allowed the flexibility of rolling-over a compliance surplus from one year to another or borrowing an advance compliance surplus, within certain limits, from the following year. The use of OPS (or other low-emission technologies) at berth, being of high importance for local air quality in port cities and coastal areas should not be eligible for similar flexibility provisions.
Amendment 254 #
2021/0210(COD)
Proposal for a regulation
Recital 37
Recital 37
(37) The revenues generated from the payment of penalties should be usedentirely reinvested in the shipbuilding sector, to promote the distribution and use of renewable and low-carbon fuels in the maritime sector and help maritime operators to meet their climate and environmental goals. The revenues should also be devoted to the necessary deployment of the distribution, storage and bunkering infrastructure of future sustainable alternative fuels. For this purpose these revenues should be allocated to the the Innovation Fund referred to in Article 10a(8) of Directive 2003/87/EC.
Amendment 262 #
2021/0210(COD)
Proposal for a regulation
Recital 42
Recital 42
(42) Given the international dimension of the maritime sector, a global approach to limiting the greenhouse gas intensity of the energy used by ships is preferable as it could be regarded as more effective due to its broader scope. In this context, and with a view to facilitating the development of international rules within the International Maritime Organisation (IMO), the Commission should share relevant information on the implementation of this Regulation with the IMO and other relevant international bodies and relevant submissions should be made to the IMO. Where an agreement on a global aproach is reached on matters of relevance to this Regulation, the Commission should review the present Regulation with a view to aligning it, where appropriate, with the international rules. This review, on the basis of an active monitoring, should also occur in the event of evidences of carbon leakage.
Amendment 265 #
2021/0210(COD)
Proposal for a regulation
Recital 42 a (new)
Recital 42 a (new)
(42 a) Nowadays, the international dimension of the maritime sector is strategic. To achieve the results and the ambitions set in the present Regulation and an effective decrease in CO2 emissions throughout European and global maritime transport, a dedicated EU approach towards non-EU countries is urgently needed. This would serve to safeguard the competitiveness of the principal actors of the market and spread similar practices of the present Regulation also on a global scale. The effectiveness of the present Regulation would be strengthened if the EU were able to play a key role also at the international level.
Amendment 266 #
2021/0210(COD)
Proposal for a regulation
Recital 43 a (new)
Recital 43 a (new)
(43 a) Equally important to achieve a zero-emission waterborne (transport) sector is the training of seafarers (operators) as well as of workers across European shipyards and maritime equipment companies. In both cases, the road to a zero-emission waterborne (transport) sector will require the need for upskilling/reskilling to enable these workers to get acquainted with, operate, install, repair and maintain new propulsion systems, zero-emission technologie sand sustainable fuels.
Amendment 273 #
2021/0210(COD)
Proposal for a regulation
Article 1 – paragraph 1 – subparagraph 1
Article 1 – paragraph 1 – subparagraph 1
in order to increase consistent use of renewable and low-carbon fuels and substitutalternative sources of energy across the Union, while ensuring the smooth operation of maritime traffic and avoiding distortions in the internal market, also coming from non-EU operators.
Amendment 278 #
2021/0210(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point c
Article 2 – paragraph 1 – point c
Amendment 336 #
2021/0210(COD)
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
1. From 1 January 2030, a ship at berth in a port of call under the jurisdiction of a Member State shall connect to on- shore power supply and use it for all energy needs while at berth, if these technologies are available and mature.
Amendment 372 #
2021/0210(COD)
Proposal for a regulation
Article 9 – paragraph 1 – point c
Article 9 – paragraph 1 – point c
(c) biofuels and biogas that do not comply with point (a) or that are produced from food and feed crops shall be considered to have the same emission factors as the least favourable fossil fuel pathway for this type of fuelnot exceed the limitations set in Article 26 of Directive (EU) 2018/2001 for the entire transport sector;
Amendment 414 #
2021/0210(COD)
Proposal for a regulation
Article 28 – paragraph 1 – introductory part
Article 28 – paragraph 1 – introductory part
1. The Commission shall report to the European Parliament and the Council, by 1 January 2030, or at any time in the event of evidences of carbon leakage, the results of an evaluation on the functioning of this Regulation and the evolution of the technologies and market for renewable and low-carbon fuels in maritime transport and its impact on the maritime sector in the Union. The Commission shall consider possible amendments to:
Amendment 423 #
2021/0210(COD)
Proposal for a regulation
Article 28 a (new)
Article 28 a (new)
Article 28 a Periodic evaluation Every year over a period of five years as from the entry into force of the Fuel EU Maritime Regulation, the EU Commission shall evaluate the impact of Fuel EU Maritime on EU ports exposed to competition from non-EU ports. A list of those ports shall be established, their emissions monitored and the evolution of the volumes tracked to determine whether variations are due to market conditions or can be attributed to carbon leakage.
Amendment 56 #
2021/0205(COD)
Proposal for a regulation
Recital 1
Recital 1
(1) Over the past decades, air transport has played a crucial role in the Union's economy and in the everyday lives of Union citizens, as one of the best performing and most dynamic sectors of the Union economy. It has been a strong driver for economic growth, jobs, trade and tourism, as well as for connectivity and mobility for businesses and, citizens, students and workers alike, particularly within the Union aviation internal market. Growth in air transport services has significantly contributed to improving the internal market, the attractiveness of businesses to markets outside the Union, connectivity within the Union and with third countries, and has been a significant enabler of the Union economy. What is more, air transport is essential to maintaining the connectivity of the EU's insular and outermost regions, particularly where they are difficult or impossible to reach by other means of transport.
Amendment 59 #
2021/0205(COD)
Proposal for a regulation
Recital 1 a (new)
Recital 1 a (new)
(1a) In 2012, the Union set a target of producing two million tonnes of sustainable aviation fuels (SAF) in Europe by 2020. However, 8 years later, production is heavily behind schedule. In this context, there is a need for a specific EU industrial policy, based on technology neutrality, for the development and use of SAF through funding, and for a secure legal framework.
Amendment 62 #
2021/0205(COD)
Proposal for a regulation
Recital 2
Recital 2
(2) From 2020, air transport has been one of the hardest hit sector by the COVID-19 crisis. With the perspective of an end to the pandemic in sight, itparticularly its expected that air traffic willstage of causing shocks to consumption and mobility, a gradually resume in the coming years and recover to its pre-crisis levels. At the same timecovery of air traffic is about to begin and traffic will recover to its pre-crisis levels. At the same time, given the year-on-year increase in long-haul mobility, emissions from the sector have been increasing since 1990 and the trend of increasing emissions could return as we overcome the pandemic. Therefore, it is necessary to prepare for the future and make the necessary adjustments ensuring a well-functioning air transport market that contributes to achieving the Union’s climate goals, with high levels of connectivity, safety and securityhile ensuring that the sector remains competitive, including in global markets, and that jobs throughout the industry are preserved. What is more, to achieve the ambitions and goals set in the Green Deal, focus on demand-driven solutions will be vital, putting the passenger at the forefront and not abandoning the social impact of climate policies.
Amendment 66 #
2021/0205(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) The functioning of the Union air transport sector is determined by its cross- border nature across the Union, and by its global dimension, which is why policies that support medium- and long-haul mobility must be adopted. The aviation internal market is one of the most integrated sectors in the Union, governed by uniform rules on market access and operating conditions. The air transport external policy is governed by rules established at global level at the International Civil Aviation Organisation (ICAO), as well as by comprehensive multilateral or bilateral agreements between the Union or its Member States, and third countries.
Amendment 67 #
2021/0205(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) The air transport market is subject to strong competition between economic actors across the Union, for which a level playing field is indispensable, as is support for its recovery in the post-COVID period. The stability and prosperity of the air transport market and its economic actors relies on a clear and harmonised policy framework where aircraft operators, airports and other aviation actors can operate on the basis of equal opportunities and in a stable and predictable economic and industrial environment. Where market distortions occur, they risk putting aircraft operators or airports at a disadvantage with internal or external competitors. In turn, this can result in a loss of competitiveness of the air transport industry, and a loss of air connectivity for citizens and businesses. In view of the profound changes and innovations that SAF will entail for the entire civil aviation sector, the risk cannot be overlooked of competitive misalignment, which would be to the detriment of European carriers in comparison with carriers based in countries around the world where such approaches are not considered.
Amendment 71 #
2021/0205(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) In particular, it is essential to ensure a level playing field across the Union air transport market regarding aviation fuel, which account for a substantial share of aircraft operators’ costs. Variations in fuel prices can affect significantly aircraft operators’ economic performance and negatively impact competition on the market and a clear impact on end consumers. Where differences in aviation fuel prices exist between Union airports or between Union and non-Union airports, this can lead aircraft operators to adapt their refuelling strategies for economic reasons. Fuel tankering increases aircraft’s fuel consumption and results in unnecessary greenhouse gas emissions. Fuel tankering by aircraft operators accordingly undermine, although performed as a form of defence against distorted market conditions and not with disregard for the environment, accordingly plays a part in the undermining of the results of the Union’s efforts towards environmental protection. Some aircraft operators are able to use favourable aviation fuel prices at their home base as a competitive advantage towards other airlines operating similar routes. This can have detrimental effects on the competitiveness of the sector and be harmful to air connectivity. This Regulation should set up measures to prevent such practices in order to avoid unnecessary environmental damage as well as to restore and preserve the conditions for fair competition on the air transport market, and to establish a legal and economic framework that provides enough certainty for the companies involved.
Amendment 73 #
2021/0205(COD)
Proposal for a regulation
Recital 5 a (new)
Recital 5 a (new)
(5a) The establishment of a competitive single European market for aviation should remain a political priority for the Union. Ambitious climate targets pose a number of major challenges to air transport and SAF manufacturers: to achieve greater sustainability, we need to support initiatives and technological solutions that promote the investment capacities of the companies involved while preventing the imposition of excessive burdens.
Amendment 74 #
2021/0205(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) A key objective of the common transport policy is sustainable development. This requires an integrated approach aimed at ensuring both the effective functioning of Union transport systems and protection of the environment. Sustainable development of air transport requirescan benefit from the introduction of measures aimed at reducing the carbon emissions from aircraft flying from Union airports, acting so that the conditions required in global air traffic are aligned. Such measures should contribute to meeting the Union’s climate objectives by 2030 and 2050.
Amendment 77 #
2021/0205(COD)
Proposal for a regulation
Recital 6 a (new)
Recital 6 a (new)
(6a) To promote the introduction of SAF, climate policy choices need to be reviewed to ensure that national taxes, charges or bans do not prove ecologically and economically counterproductive. Imposing additional taxes and charges without reinvesting their proceeds in actual de-carbonisation projects does not help to truly reduce CO2 emissions, as all it does is hinder passenger connectivity and increase passenger costs. Additional charges, including taxes, if not geared towards supporting the technological change inherent in SAF, reduce the industry's ability to invest and innovate at a crucial time when research and development in low-carbon technologies should be supported. This regulation should therefore consider incentives for the production and deployment of innovative fuels rather than simply new and additional forms of taxation.
Amendment 79 #
2021/0205(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) The Communication on a Sustainable and Smart Mobility Strategy10 adopted by the Commission in December 2020 sets a course of action for the EU transport system to achieve its green and digital transformation and become more resilient. The decarbonisation of the air transport sector is a necessary and challenging process, especially in the short and medium term. Technological advancements, pursued in European and national research and innovation aviation programmes have contributed to importbeen helping to significantly reduce resource efficiency antd emission reductions in the pasrecent decades. However, the global growth of air traffic has outpaced the sector’s emissions reductions. Whereas new technologies are expected to help reducing short-haul aviation’s reliance on fossil energy in the next decades, sustainable aviation fuels offer the onlya solution for significant decarbonisation of all flight ranges, already in the short term. However, this potential is currently largely untapped. _________________ 10 Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions: Sustainable and Smart Mobility Strategy – putting European transport on track for the future (COM/2020/789 final), 9.12.2020As the impact study points out, increasing SAF production today implies high-risk investments with considerable uncertainty for producers and investors.
Amendment 83 #
2021/0205(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) Sustainable aviation fuels are liquid, drop-in fuels, fully fungible with conventional aviation fuel and compatible with existing aircraft engines. Several production pathways of sustainable aviation fuels have been certified at global level for use in civil or military aviation. Sustainable aviation fuels are technologically ready to play an important role in reducing emissions from air transport already in the very short term, without focus on research and development in the sector being lost, howeverm. They are expected to account for a major part of the aviation fuel mix in the medium and long term if properly supported and fostered. Further, with the support of appropriate international fuel standards, sustainable aviation fuels might contribute to lowering the aromatic content of the final fuel used by an operator, thus helping to reduce other non-CO2 emissions. Other alternatives to power aircraft, such as electricity or liquid hydrogen are expected to progressively contribute to the decarbonisation of air transport, beginning with short-haul flights. As the impact study points out, however, it would take decades of work on the development of zero-emission aircraft technologies, such as electric or hydrogen-powered aircraft, before they could play a major role in commercial aviation.
Amendment 88 #
2021/0205(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) The gradual introduction of sustainable aviation fuels on the air transport market will represent an additional fuel cost for airlines, as such fuel technologies are currently more expensive to produce than conventional aviation fuel. This is expected to exacerbate the pre-existing issues of level playing field on the air transport market as regards aviation fuel, and to cause further distortions among aircraft operators and airports. This regulation should take measures to prevent that the introduction of sustainable aviation fuels affects negatively the competitiveness of the aviation sector by defining harmonised requirements across the Union and always take a global approach that makes it possible to have conditions that are not excessively out of line with those of the EU's external competitors.
Amendment 89 #
2021/0205(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) At global level, sustainable aviation fuels are regulated at ICAO. In particular, ICAO establishes detailed requirements on the sustainability, traceability and accounting of sustainable aviation fuels for use on flights covered by the Carbon Offsetting and Reduction Scheme for International Aviation (CORSIA). While incentives are set in CORSIA and sustainable aviation fuels are considered an integral pillar of the work on the feasibility of a Long-Term Aspiration Goal for international aviation, there is currently no mandatory scheme on the use of sustainable aviation fuels for international flights. Comprehensive multilateral or bilateral air transport agreements between the EU or its Member States, and third countries generally include provisions on environmental protection. However, for the time being, such provisions do not impose on contracting parties any binding requirements on the use of sustainable aviation fuels. If this ambiguity is to be resolved, care must be taken not to place an undue and sudden burden on internal EU players in the sector so that they are not hamstrung by tough global competition.
Amendment 95 #
2021/0205(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) At EU level, general rules on renewable energy for the transport sector are set out in Directive (EU) 2018/2001 of the European Parliament and of the Council11. In the past, given the specific nature of and tough global competition in the sector, such horizontal cross-sectoral regulatory frameworks have not proven effective to operate a transition from fossil fuels to sustainable aviation fuel in air transport. Directive (EU) 2018/2001 and its predecessor set out overarching targets across all transport modes to be supplied with renewable fuels. As aviation is a small fuels market for which renewable fuels are more costly to produce while a fully integrated European transport market, in comparison to other transport modes, such regulatory frameworks should be complemented with aviation-specific measures to effectively boostencourage the deployment of sustainable aviation fuels. Further, national transpositions of Directive (EU) 2018/2001 risks creating significant fragmentation in the air transport market, where national rules on sustainable aviation fuels would set out widely differing targets. This would be expected to further exacerbate the issues of level playing field in air transport. _________________ 11 Directive (EU) 2018/2001 of the European Parliament and of the Council of 11 December 2018 on the promotion of the use of energy from renewable sources (OJ L 328, 21.12.2018, p. 82).
Amendment 97 #
2021/0205(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) Therefore, uniform rules need to be laid down for the aviation internal market to complement Directive (EU) 2018/2001 and to deliver on its overall objectives by addressing the specific needs and requirements arising from the EU aviation internal market. In particular, the present Regulation aims to obtain the conditions that make it possible to have a healthy and profitable market for EU operators, avoiding a fragmentation of the aviation market, preventing possible competitive distortions between economic actors, or unfair practices of cost avoidance as regards the refuelling of aircraft operators.
Amendment 99 #
2021/0205(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) This regulation aims in the first instance to set out a framework restoring and preserving a level playing field on the air transport market as regards the use of aviation fuels. Such a framework should prevent divergent requirements across the Union that would exacerbate refuelling practices distorting competition between aircraft operators or putting some airports at competitive disadvantage with others. In a second instance, it aims to gear the EU aviation market with robust rules to ensure that gradually increasing shares of sustainable aviation fuels can be introduced at EU airports without detrimental effects on the competitiveness of the EU aviation internal market. What is more, the regulation should aim to stimulate the SAF production chain and SMEs and provide legal and economic certainty to a key sector for future decarbonisation.
Amendment 100 #
2021/0205(COD)
Proposal for a regulation
Recital 14
Recital 14
(14) It is essential to set harmonised rules across the EU internal market, applying directly and in a uniform way to aviation market actors on the one hand, and aviation fuels market actors on the other hand. The overarching framework set out by Directive (EU) 2018/2001 should be complemented with a lex specialis applying to air transport. It should include gradually increasing targets for the supply of sustainable aviation fuels. Such targets should be carefully defined, taking into account the objectives of a well- functioning air transport market, operators being supported in their recovery from the pandemic, a service that puts its passengers at the forefront, the need to decarbonise the aviation sector and the current status of the sustainable aviation fuels industry.
Amendment 103 #
2021/0205(COD)
Proposal for a regulation
Recital 15
Recital 15
(15) The present Regulation should apply to aircraft engaged in civil aviation, carrying out commercial air transport flights under market conditions that are considered efficient and not in emergency global or regional situations. It should not apply to aircraft such as military aircraft and aircraft engaged in operations for humanitarian, search, rescue, disaster relief or medical purposes, as well as customs, police and fire-fighting operations. Indeed, flights operated in such circumstances are of exceptional nature and as such cannot always be planned in the same way as regular flights. Due to the nature of their operations, they may not always be in a position to fulfil obligations under this Regulation, as it may represent unnecessary burden. In order to cater for a level playing field across the EU aviation single market, this regulation, with due regard for the above-mentioned conditions, should cover the largest possible share of commercial air traffic operated from airports located on EU territory. At the same time, in order to safeguard air connectivity for the benefits of EU citizens, businesses and regions, it is important to avoid imposing undue burden on air transport operations at small airports. An appropriate threshold of yearly passenger air traffic and freight traffic should be defined, below which airports would not be covered by this Regulation; however, the scope of the Regulation should cover at least 95% of total traffic departing from airports in the Union. For the same reasons, possible following an impact analysis of the values identified. For the same reasons and taking the same analytical approach, a threshold should be defined to exempt aircraft operators accountable for a very low number of departures from airports located on EU territory.
Amendment 108 #
2021/0205(COD)
Proposal for a regulation
Recital 16
Recital 16
(16) DResearch, development and deployment of sustainable aviation fuels with a high potential for sustainability, commercial maturity and a high potential for innovation and growth to meet future needs should be promotencouraged. This should support creating innovative and competitive fuels markets and ensure sufficient supply of sustainable aviation fuels for aviation in shortthe medium and long term to contribute to Union transport decarbonisation ambitions and to the competitiveness of Union companies in the sector, while strengthening Union’s efforts towards a high level of environmental protection. For this purpose, sustainable aviation fuels produced from feedstock listed in Parts A and B of Annex IX of Directive (EU) 2018/2001, as well as synthetic aviation fuels should be eligible. In particular, sustainable aviation fuels produced from feedstock listed in Part B of Annex IX of Directive (EU) 2018/2001 are essential, as currently the most commercially mature technology to decarbonise air transport already in the short term.
Amendment 112 #
2021/0205(COD)
Proposal for a regulation
Recital 17
Recital 17
(17) For sustainability reasons, if confirmed in more in-depth impact analyses, feed and food crop-based fuels should not be eligible. In particular, indirect land-use change occurs when the cultivation of crops for biofuels displaces traditional production of crops for food and feed purposes. Such additional demand increases the pressure on land and can lead to the extension of agricultural land into areas with high-carbon stock, such as forests, wetlands and peatland, causing additional greenhouse gas emissions and loss of biodiversity concerns. Research hais showning that the scale of the effect depends on a variety of factors, including the type of feedstock used for fuel production, the level of additional demand for feedstock triggered by the use of biofuels and the extent to which land with high-carbon stock is protected worldwide. The highest risks of indirect land-use change have been identified for biofuels, fuels produced from feedstock for which a significant expansion of the production area into land with high- carbon stock is observed. Accordingly, feed and food crop- based fuels should not be promoted as a priority. This approach is in line Union policy and in particular with Directive (EU) 2018/2001 which limits and sets a cap on the use of such biofuels in road and rail transport, considering their lower environmental benefits, lower performance in terms of greenhouse reduction potential and broader sustainability concerns. In addition to the greenhouse gas emissions linked to indirect land-use change – which is capable of negating some or all greenhouse gas emissions savings of individual biofuels – indirect land-use change poses risks also to biodiversity. This risk iscould be particularly serious in connection with a potentially large expansion of production determined by a significant increase in demand. TIn the aviation sector has currently insignificant levels of demand for food and feed crops- based biofuels, since over 99% of currently used aviation fuels are of fossil origin. It is therefore appropriate to avoid the creation of a potentially large, the subject is not a top priority because it has currently insignificant levels of demand ofor food and feed crops-based biofuels by promoting their use under this Regulation. The non- eligibility of crop-based biofuels under this Regulation also minimises any risk to slow down the decarbonisation of road transport, which could otherwise result from a shift of crop-based biofuels from the road to the aviation sector. It is essential to minimise such a shift, as road transport currently remains by far the most polluting transport sector, since over 99% of currently used aviation fuels are of fossil origin.
Amendment 113 #
2021/0205(COD)
(18) A single, clear and robust, robust and lasting sustainability framework is necessary to provide certainty for the aviation and fuels industries actors, on the eligibility of sustainable aviation fuels under this Regulation. To ensure consistency with other related EU policies, the eligibility of sustainable aviation fuels should be determined according to compliance with the sustainability criteria established in Article 29 of Directive 2018/200112. _________________ 12https://eur-lex.europa.eu/legal- content/EN/TXT/PDF/?uri=CELEX:32018 L2001&from=fr
Amendment 118 #
2021/0205(COD)
Proposal for a regulation
Recital 19
Recital 19
(19) The present Regulation should aim to ensure that aircraft operators can compete on the basis of equal opportunities as regards the access to sustainable aviation fuels. To avoid any distortions on the air services market, all Union airports covered by this Regulation should be supplied with uniform minimum shares of sustainable aviation fuels. Whereas the market is free to supply and use larger quantities of sustainable fuel, this Regulation should ensure that the mandatory minimum shares of sustainable aviation fuels are the same across allcan be proportional to the covered airports' volume of traffic. It supersedes any requirements established directly or indirectly at national or regional level requiring aircraft operators or aviation fuel suppliers to uptake or supply sustainable aviation fuels with different targets than the ones prescribed under this Regulation. In order to create a clear and predictable legal framework and in doing so encourage the market development and deployment of the most sustainable and innovative with growth potential to meet future needs fuel technologies, this Regulation should set out gradually increasing minimum shares of synthetic aviation fuels over time. Setting out a dedicated sub-obligation on synthetic aviation fuels is necessary in view of the significant decarbonisation potential of such fuels, and in view of their current estimated production costs. When produced from renewable electricity and carbon captured directly from the air, synthetic aviation fuels can achieve as high as 100% emissions savings compared to conventional aviation fuel. They also have notable advantages compared to other types of sustainable aviation fuels with regards to resource efficiency (in particular for water needs) of the production process. However, synthetic aviation fuels’ production costs are currently estimated at 3 to 6 times higher than the market price of conventional aviation fuel. Therefore, this Regulation should establish a dedicated sub-obligation for this technology and specific incentives to provide economies of scale and relative restriction of costs. Other types of synthetic fuels, such as low carbon synthetic fuels achieving high greenhouse gas reductions, could be considered for inclusion in the scope of this Regulation in the course of future revisions, where such fuels become defined under the Renewable Energy Directive.
Amendment 120 #
2021/0205(COD)
Proposal for a regulation
Recital 20
Recital 20
(20) It is essential to ensure that the minimum shares of sustainable aviation fuels can be successfully supplied to the aviation market without supply shortages. For this purpose, sufficient lead-time should be planned to allow the renewable fuels industry to develop production capacity, economic sustainability and mature market development accordingly. The supply of sustainable aviation fuels should become mandatory starting in 2025in the coming years, depending on the maturity and accessibility of the technology. Similarly, in order to provide legal certainty and predictability to the market and drive investments durably towards sustainable aviation fuels production capacity, the terms of this Regulation should be stable over a long period of time.
Amendment 123 #
2021/0205(COD)
Proposal for a regulation
Recital 21
Recital 21
(21) With the introduction and ramp-up of sustainable aviation fuels at Union airports, practices of fuel tankering may be exacerbated as a consequence of aviation fuel costs increases. Tankering practices are unstainable and should be avoided as they undermine the Union’s efforts to reduce environmental impacts from transport. Tanking practices should be discouraged not only through the imposition of additional obligations and burden but also by introducing policies that make them economically unattractive to operators. Those would be contrary to the aviation decarbonisation objectives as increased aircraft weight would increase fuel consumption and related emissions on a given flight. Tankering practices also put at risk the level playing field in the Union between aircraft operators, and also between airports. This Regulation should therefore require aircraft operators to refuel prior to departure from a given Union airport. The amount of fuel uplifted prior to departures from a given Union airport should be commensurate with the amount of fuel necessary to operate the flights departing from that airport, taking into account the necessary compliance with fuel safety rules. The requirement ensures that equal conditions for operations in the Union applying equally to Union and foreign operators, while ensuring high level of environmental protection. As the Regulation does not define a maximum share of sustainable aviation fuels in all aviation fuels, airlines and fuel suppliers may pursue more ambitious environmental policies with higher sustainable aviation fuels uptake and supply in their overall network of operations, while avoiding fuel tankering.
Amendment 124 #
2021/0205(COD)
Proposal for a regulation
Recital 22
Recital 22
(22) Airports covered by this Regulation should ensure that all the necessary infrastructure is provided for delivery, storage and refuelling of sustainable aviation fuel, so as not to constitute an obstacle with respect to the uptake of such sustainable aviation fuel but instead foster economies of scale. Structural investment costs must be paid by the operators who actually use the structure. If necessary, the Agency should be able to require a Union airport to provide information on the infrastructure available allowing for seamless distribution and refuelling of aircraft operators with sustainable aviation fuels. The role of the Agency should allow airports and airlines to have a common focal point, in the event where technical clarification is necessary on the availability of fuel infrastructure.
Amendment 127 #
2021/0205(COD)
Proposal for a regulation
Recital 23
Recital 23
(23) Aircraft operators should be required to report yearly to the Agency on their purchases of sustainable aviation fuel, as well as on the characteristics of this fuel. Information should be provided on the characteristics of the sustainable aviation fuels purchased such as inter alia nature and origin of the feedstock, conversion pathway and lifecycle emissions. Before proceeding with this step, the operators themselves should be involved in a process of designing the reporting needed to achieve the intended goal.
Amendment 128 #
2021/0205(COD)
Proposal for a regulation
Recital 24
Recital 24
(24) Aircraft operators should also be required to report yearly on their actual aviation fuel uplift per Union airport, so as to prove that no fuel tankering was performed. Reports should be verified by independent verifiers and transmitted to the Agency for monitoring and assessment of compliance. Verifiers should determine the accuracy of the yearly aviation fuel required reported by the operators using a tool approved by the Commission. It seems important for the proper functioning of the market and the competitiveness of EU operators to consider the efficiency of the process, by means of a thorough preliminary study, so that it does not overly burden operations in a sector with such strong global competition and at a very difficult time.
Amendment 129 #
2021/0205(COD)
Proposal for a regulation
Recital 25
Recital 25
(25) Aviation fuel suppliers should be required to report yearly, in keeping with a time line that makes it possible for companies to set long-term strategies, in the Union database referred to in Article 28 of Directive (EU) 2018/2001, on their supply of aviation fuel, including sustainable aviation fuels. The Agency should report on a yearly basis to the Commission on the fulfilment by aircraft operators and aviation fuel suppliers of their respective obligations under this Regulation. This is important for the Commission to have clear visibility on the level of compliance to the Regulation and to measure with increased objectivity the extent to which the Regulation is working.
Amendment 130 #
2021/0205(COD)
Proposal for a regulation
Recital 26
Recital 26
(26) It is not possible without additional procedures, which would be excessively burdensome and undermine the competitiveness of operators at a very difficult time, to determine accurately whether aircraft operators have actually physically uplifted shares of sustainable aviation fuels in their tanks at a specific Union airports. Therefore, aircraft operators should be allowed to report their use of sustainable aviation fuels based on purchasing records. Aircraft operators should be entitled to receive from the aviation fuel supplier the information that is necessary to report the sustainable aviation fuel purchase.
Amendment 133 #
2021/0205(COD)
Proposal for a regulation
Recital 27
Recital 27
(27) It is essentialimportant that aircraft operators can claim the use of sustainable aviation fuels under greenhouse gas schemes such as the EU Emissions Trading System or CORSIA, depending on the route of their flights. However, iIt is essential to remember that this regulation should not lead to a double counting of emissions reductions. Aircraft operators should only be allowed to claim benefits for the use of an identical batch of sustainable aviation fuels once. Fuel suppliers should be requested to provide free of charge to aircraft operators any information pertaining to the properties of the sustainable aviation fuel sold to that aircraft operator and that is relevant for reporting purposes by the aircraft operator under this Regulation or greenhouse gas schemes.
Amendment 136 #
2021/0205(COD)
Proposal for a regulation
Recital 28
Recital 28
(28) In order to ensure a level playing field of the aviation internal market and the adherence to the climate ambitions of the Union, this Regulation should introduce effective, proportionate and dissuasive penalties on aviation fuel suppliers and aircraft operators in case of non- compliance. The level of the penalties needs to be proportionate to the environmental damage and to the prejudice to the level-playing field of the internal market inflicted by the non-compliance. When imposing administrative fines, the authorities should take into account the evolution of the price of aviation fuel and sustainable aviation fuel in the reporting year, bearing in mind that in the first period of application of the Regulation, there will have to be as much clarity as possible on the rules introduced and it is conceivable that some doubt may arise as to how to apply a less than straightforward set of new rules perfectly;
Amendment 141 #
2021/0205(COD)
Proposal for a regulation
Recital 29
Recital 29
(29) The penalties for the suppliers who fail to meet the targets set in this Regulation should be complemented by the obligation to supply the market with a significant percentage of the shortfall of meeting the quota in the subsequent year;
Amendment 142 #
2021/0205(COD)
Proposal for a regulation
Recital 30
Recital 30
(30) This Regulation should include provisions for periodic reports to the European Parliament and the Council on the evolution of the aviation and fuels markets, the effectiveness of key features of the Regulation such as the minimum shares of sustainable aviation fuels, any proposed incentives and their effectiveness, the level of administrative fines or policy developments on sustainable aviation fuels uptake at international level. Such elements are key to provide a clear state of play of the sustainable aviation fuels market and should be taken into account when considering a revision of the Regulation.
Amendment 144 #
2021/0205(COD)
Proposal for a regulation
Recital 31
Recital 31
(31) An appropriate transitional period of 5at least 10 years should be provided to allow for a reasonable amount of time for aviation fuel suppliers, Union airports and aircraft operators to make the necessary technological and logistical investments. During this phase, aviation fuel containing higher shares of sustainable aviation fuel may be used to compensate for lower shares of sustainable aviation fuels or for the reduced availability of conventional aviation fuel at other airports.
Amendment 145 #
2021/0205(COD)
Proposal for a regulation
Recital 32
Recital 32
(32) Since the objective of this Regulation, namely to maintain a level playing field on the Union air transport market while increasing the use of sustainable aviation fuels, and contributing to the pursuit of competitiveness for Union operators in the sector's global setting, cannot be sufficiently achieved by the Member States due to the cross-border nature of aviation, but can rather, by reason of the characteristics of the market and effects of the action, 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. 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 147 #
2021/0205(COD)
Proposal for a regulation
Recital 32 a (new)
Recital 32 a (new)
(32a) The international dimension of aviation is strategically important now. To achieve the results and ambitions of this Regulation and a real reduction in emissions from European and global aviation, action by the European Union vis-à-vis non-European countries is necessary. The action is needed to protect the competitiveness of the main market players based in the Member States and at the same time to disseminate practices similar to those included in this Regulation on a global scale. This Regulation will be all the more effective if the Union manages to be a reference in the sector at international level.
Amendment 165 #
2021/0205(COD)
Proposal for a regulation
Article 3 – paragraph 1 – indent 8
Article 3 – paragraph 1 – indent 8
— ‘synthetic aviation fuels’ means fuels that are renewable fuels of non- biological origin and recycled fossil fuels, as defined in Article 2, second paragraph, point 35 and 36 of Directive (EU) 2018/2001, used in aviation either as final fuels or as intermediate products for the manufacture of aviation fuels (Article 25(1)(b) of that Directive);
Amendment 180 #
2021/0205(COD)
Proposal for a regulation
Article 4 – paragraph 2
Article 4 – paragraph 2
Without prejudice to the application of Article 11(3) and (4), where an aviation fuel supplier fails to supply the minimum shares set out in Annex I for a given reporting period, it shall at least complement a significant share of that shortfall in the subsequent reporting period.
Amendment 186 #
2021/0205(COD)
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
The yearly quantity of aviation fuel uplifted by a given aircraft operator at a given Union airport shall be at least 90% of the yearly aviation fuel required. The mandatory minimum sustainable aviation fuel quotas must be proportional to the volume of traffic at the airports concerned.
Amendment 193 #
2021/0205(COD)
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
Union airports shall take necessary measures to facilitate the access of aircraft operators to aviation fuels containing shares of sustainable aviation fuels in accordance with Annex I and, shall provide the infrastructure necessary for the delivery, storage and uplifting of such fuels in line with the principle of technology neutrality. These infrastructure adaptations should have no economic impact other than for operators using those fuels.
Amendment 202 #
2021/0205(COD)
Proposal for a regulation
Article 7 – paragraph 1 – introductory part
Article 7 – paragraph 1 – introductory part
By 31 March0 June of each reporting year, aircraft operators shall report the following information to the Agency:
Amendment 203 #
2021/0205(COD)
Proposal for a regulation
Article 7 – paragraph 1 – point c
Article 7 – paragraph 1 – point c
(c) The yearly non-tanked quantity, per Union airport and destination in the EU. If the yearly non-tanked quantity is negative or if it is lower than 10% of the yearly aviation fuel required, the reported yearly non-tanked quantity shall be reported as 0;
Amendment 207 #
2021/0205(COD)
Proposal for a regulation
Article 8 – paragraph 2
Article 8 – paragraph 2
For the purpose of reporting sustainable aviation fuels use under the provisions of Article 7 of this Regulation, or under a greenhouse gas scheme, aviation fuel suppliers shall provide aircraft operators with the information considered relevant information free of charg the specific scope free of charge and in a reasonable time frame.
Amendment 210 #
2021/0205(COD)
Proposal for a regulation
Article 9 – paragraph 1 – introductory part
Article 9 – paragraph 1 – introductory part
By 31 March0 June of each reporting year, aviation fuel suppliers shall report in the Union Database referred to in Article 28 of Directive (EU) 2018/2001, the following information relative to the reporting period:
Amendment 213 #
2021/0205(COD)
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
The Agency shall have access to the Union database and shall use the information contained in the Union database, only once the information has been verified at Member State level pursuant to Article 28 of Directive (EU) 2018/2001 and the Member State has given formal authorisation.
Amendment 215 #
2021/0205(COD)
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
(1) Member States shall designate the competent authority or authorities responsible for enforcing the application of this Regulation and for imposing the fines for aircraft operators, Union airports and fuel suppliers. Member States shall inform the Commission thereof. Those authorities should be the same as those that assess the ETS and CORSIA.
Amendment 220 #
2021/0205(COD)
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
(1) Member States shall lay down the rules on penalties applicable to infringements of the provisions adopted pursuant to this Regulation and shall take all measures necessary to ensure that they are implemented. The penalties provided for must be effective, proportionate and dissuasive and must take account of an initial learning period. Member States shall notify these provisions to the Commission by 31 December 2023 at the latest and shall notify it without delay of any subsequent amendment affecting them.
Amendment 238 #
2021/0205(COD)
Proposal for a regulation
Article 12 – paragraph 1 – introductory part
Article 12 – paragraph 1 – introductory part
The Agency shall publish every year a technical report on the basis of the yearly reports referred to in Articles 7 and 9. That report shall contain at least four points from the following information:
Amendment 244 #
2021/0205(COD)
Proposal for a regulation
Article 13 – paragraph 1
Article 13 – paragraph 1
By way of derogation from Article 4, from 1 January 20235 until 31 December 20239, for each reporting period, an aviation fuel supplier may supply the minimum share of sustainable aviation fuel defined in Annex I as a weighted average over all the aviation fuel it supplied across Union airports for that reporting period.
Amendment 252 #
2021/0205(COD)
Proposal for a regulation
Article 14 – paragraph 1
Article 14 – paragraph 1
By 1 January 202830 and every five years thereafter, the Commission services shall present a report to the European Parliament and the Council, on the evolution of the aviation fuels market and its impact on the aviation internal market of the Union, including regarding the possible extension of the scope of this Regulation to other energy sources, and other types of synthetic fuels defined under the Renewable Energy Directive, the possible revision of the minimum shares in Article 4 and Annex I, and the level of administrative fines. The report shall include information, where available, on development of a potential policy framework for uptake of sustainable aviation fuels at ICAO level. The report shall also inform on technological advancements in the area of research and innovation in the aviation industry which are relevant to sustainable aviation fuels, including with regards to the reduction of non-CO2 emissions. The report may consider if this Regulation should be amended and, options for amendments, where appropriate, in line with a potential policy framework on sustainable aviation fuels uptake at ICAO level.
Amendment 258 #
2021/0205(COD)
Proposal for a regulation
Article 15 – paragraph 2
Article 15 – paragraph 2
It shall apply from 1st January 20233.
Amendment 259 #
2021/0205(COD)
Proposal for a regulation
Article 15 – paragraph 3
Article 15 – paragraph 3
However, Article 4 and 5 shall apply from 1 January 20235 and Articles 7 and Article 9 shall apply from 1st April 20234 for the reporting period of the year 20233.
Amendment 153 #
2021/0203(COD)
Proposal for a directive
Recital 11
Recital 11
(11) This Directive takes a step forward towards climate neutrality by 2050 , under which energy efficiency is to be treated as an energy source in its own right. The energy efficiency first principle is an overarching principle that should be taken into account across all sectors, going beyond the energy system, at all levels, including in the financial sector. Energy efficiency solutions should be considered as the first option in policy, planning and investment decisions, when setting new rules for the supply side and other policy areas. While the energy efficiency first principle should be applied without prejudice to other legal obligations, objectives and principles, they should also not hamper its application or exempt from applying the principle. The Commission should ensure that energy efficiency and demand-side response can compete on equal terms with generation capacity. Energy efficiency improvements need to be made whenever they are more cost- effective than equivalent supply-side solutions. Demand-side response including consumer load participation - based upon consumers' consent and compensation - shall be considered. That should help exploit the multiple benefits of energy efficiency for the Union, in particular for citizens and businesses. Implementing energy efficiency improvement measures should also be a priority in alleviating energy poverty.
Amendment 168 #
2021/0203(COD)
Proposal for a directive
Recital 14
Recital 14
(14) In order to have an impact, the energy efficiency first principle needs to be consistently applied by decision makers in all relevant policy, planning and major investment decisions – that is to say large- scale investments with a value of more than 50 euro million each or 75 euro million for transport infrastructure projects – affecting energy consumption or supply. The proper application of the principle requires using the right cost-benefit analysis methodology, setting enabling conditions for energy efficient solutions and proper monitoring. Demand side flexibility can bring significant benefits to consumers and to society at large, and can increase the efficiency of the energy system and decrease the energy costs, for example by reducing system operation costs resulting in lower tariffs for all consumers. Member States should take into account potential benefits from demand side flexibility in applying the energy efficiency first principle and where relevant consider demand response, energy storage, both at centralised and decentralised level and smart solutions as part of their efforts to increase efficiency of the integrated energy system.
Amendment 228 #
2021/0203(COD)
Proposal for a directive
Recital 49
Recital 49
(49) Where using an obligation scheme, Member States should designate obligated parties among transmission system operators, energy distributors, retail energy sales companies and transport fuel distributors or retailers on the basis of objective and non-discriminatory criteria. The designation or exemption from designation of certain categories of such distributors or retailers should not be understood to be incompatible with the principle of non-discrimination. Member States are therefore able to choose whether such transmission system operators, distributors or retailers or only certain categories thereof are designated as obligated parties. To empower and protect vulnerable customers, people affected by energy poverty and people living in social housing, and to implement policy measures as a priority among those people, Member States can require obligated parties to achieve energy savings among vulnerable customers, people affected by energy poverty and people living in social housing. For that purpose, Member States can also establish energy cost reduction targets. Obligated parties could achieve these targets by promoting the installation of measures that lead to energy savings and financial savings on energy bills, such as the installation of insulation and heating measuresMember States should implement specific policy measures as a priority for those people.
Amendment 345 #
2021/0203(COD)
Proposal for a directive
Article 1 – paragraph 1 – introductory part
Article 1 – paragraph 1 – introductory part
1. This Directive establishes a common framework of measures to promote energy efficiency within the Union in order to ensure that the Union's target on energy efficiency is met and enables further energy efficiency improvements .
Amendment 362 #
2021/0203(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 5
Article 2 – paragraph 1 – point 5
(5) ‘final energy consumption’ means all energy supplied to industry, transport (including energy consumption in international aviation) , households, public and private services, agriculture , forestry and fishing and other end-users (final consumers of energy) . It excludes energy consumption in international maritime bunkers, ambient heat and deliveries of primary energy to the transformation sector, and the energy sector and losses due to transmission and distribution (definitions in Annex A of Regulation (EC) No 1099/2008 apply) ; (excluding activities listed as industry under group C of the NACE Rev.2. Statistical classification of economic activities in the European Community) and losses due to transmission and distribution.
Amendment 370 #
2021/0203(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 13 a (new)
Article 2 – paragraph 1 – point 13 a (new)
(13a) 'industry' means companies and products that fall under sections B, C, F and J, division (63) of the statistical classification of economic activities (NACE REV.2);
Amendment 422 #
2021/0203(COD)
Proposal for a directive
Article 4 – paragraph 1
Article 4 – paragraph 1
1. Member States shall collectively ensure a reduction of energy consumption of at least 9 % in 2030 compared to the projections of the 2020 Reference Scenario so that the Union’s final energy consumption amounts to no more than 787 Mtoe and the Union’s primary energy consumption amounts to no more than 1023 Mtoe in 2030.91 _________________ 91 The Union’s energy efficiency target was initially set and calculated using the 2007 Reference Scenario projections for 2030 as a baseline. The change in the Eurostat energy balance calculation methodology and improvements in subsequent modelling projections call for a change of the baseline. Thus, using the same approach to define the target, that is to say comparing it to the future baseline projections, the ambition of the Union’s 2030 energy efficiency target is set compared to the 2020 Reference Scenario projections for 2030 reflecting national contributions from the NECPs. With that updated baseline, the Union will need to further increase its energy efficiency ambition by at least 9 % in 2030 compared to the level of efforts under the 2020 Reference Scenario. The new way of expressing the level of ambition for the Union’s targets does not affect the actual level of efforts neededintensity.
Amendment 432 #
2021/0203(COD)
Proposal for a directive
Article 4 – paragraph 2
Article 4 – paragraph 2
Amendment 470 #
2021/0203(COD)
Proposal for a directive
Article 4 – paragraph 3
Article 4 – paragraph 3
Amendment 680 #
2021/0203(COD)
Proposal for a directive
Article 9 – paragraph 2
Article 9 – paragraph 2
2. Member States shall designate, on the basis of objective and non- discriminatory criteria, obligated parties among transmission system operators, energy distributors, retail energy sales companies and transport fuel distributors or transport fuel retailers operating in their territory. The amount of energy savings needed to fulfil the obligation shall be achieved by the obligated parties among final customers, designated by the Member State, independently of the calculation made pursuant to Article 8(1) or, if Member States so decide, through certified savings stemming from other parties as described in point (a) of paragraph 10 of this Article.
Amendment 714 #
2021/0203(COD)
Proposal for a directive
Article 11 – paragraph 1
Article 11 – paragraph 1
1. Member States shall ensure that enterprises with an average annual consumption higher than 100TJ of energy over the previous three years and taking all energy carriers together, implement an energy management system. When this obligation is applied to a company group, the measure shall not be extended to those enterprises that are part of a group not 100% controlled. The energy management system shall be certified by an independent body according to the relevant European or International Standards.
Amendment 723 #
2021/0203(COD)
Proposal for a directive
Article 11 – paragraph 2 – introductory part
Article 11 – paragraph 2 – introductory part
2. Member States shall ensure that enterprises with an average annual consumption higher than 10TJ of energy over the previous three years and taking all energy carriers together that do not implement an energy management system are subject to an energy audit. When this obligation is applied to a company group, the measure shall not be extended to those enterprises that are part of a group not 100% controlled. Energy audits shall be carried out in an independent and cost- effective manner by qualified or accredited experts in accordance with requirements provided in Article 26 or implemented and supervised by independent authorities under national legislation. Energy audits shall be carried out at least every four years from the date of the previous energy audit.
Amendment 755 #
2021/0203(COD)
Proposal for a directive
Article 11 – paragraph 10
Article 11 – paragraph 10
10. Without prejudice to paragraphs 1 to 9, Member States shall require, by 15 March 2024 and every year thereafter, owners and operators of every data centre in their territory with a significant energy consumption to make publicly available the information set out in Annex VI (`Minimum requirements for monitoring and publishing the energy performance of data centres´), which Member States shall subsequently report to the Commission. Threshold values for the classification of data centres with significant energy consumption shall be defined to target primarily the ICT sector.
Amendment 976 #
2021/0203(COD)
Proposal for a directive
Article 25 – paragraph 2
Article 25 – paragraph 2
2. Member States shall ensure that gas and electricity transmission and distribution system operators apply the energy efficiency first principle in accordance with Article 3 of this Directive in their network planning, network development and investment decisions. While taking security of supply and market integration into account, Member States shall ensure that transmission system operators and distribution system operators do not invest in stranded assets to contribute to climate change mitigation. National regulatory authorities shallmay provide methodologies andor guidance on how to assess alternatives in the cost- benefit analysis in close cooperation with the TSOs, which can share key technical expertise, taking into account wider benefits, and verify the implementation of the energy efficiency first principle by the transmission system operators or distribution system operators when approving, verifying or monitoring the projects submitted by the transmission system operators or distribution system operators.
Amendment 984 #
2021/0203(COD)
Proposal for a directive
Article 25 – paragraph 3
Article 25 – paragraph 3
3. Member States shall ensure that transmission and distribution system operators map network losses and take cost-effective measures to reduce network losseoptimise them, while taking into account the overall effective operation of the network and the infrastructure development needs. Transmission and distribution system operators shall report those measures and expected energy savings through the reduction of network losses to the national energy regulatory authority. National energy regulatory authorities shall limit the possibility for transmission and distribution system operators to recover avoidable network losses from tariffs paid by consumers. Member States shall ensure that transmission and distribution system operators assess energy efficiency improvement measures with regard to their existing gas or electricity transmission or distribution systems and improve energy efficiency in infrastructure design and operation. Member States shall encourage transmission and distribution system operators to develop innovative solutions to improve the energy efficiency of existing systems through incentive based regulations.
Amendment 994 #
2021/0203(COD)
Proposal for a directive
Article 25 – paragraph 7
Article 25 – paragraph 7
7. National regulatory authorities shall ensure the removal of those incentives in transmission and distribution tariffs that are detrimental to the energyoverall efficiency of the generation, transmission, distribution and supply of electricity and gas .
Amendment 1063 #
2021/0203(COD)
Proposal for a directive
Annex III – point a – paragraph 1 – indent 3
Annex III – point a – paragraph 1 – indent 3
— direct emissions of the carbon dioxide from cogeneration production that is fuelled with fossil fuels, are less than 270 gCO2 per 1 kWh of energy output from the combined generation (including heating/cooling, power and mechanical energy)the threshold resulting the analysis of the best technological solutions available. The emission threshold shall apply only to production in high-efficiency cogeneration arrangement and does not include production in thermoelectric mode only. The calculation of direct carbon dioxide emissions shall be reduced by the emission savings associated with the guarantees of origin from renewable gases that may be available in the plant.
Amendment 1079 #
2021/0203(COD)
Proposal for a directive
Annex III – point a – paragraph 1 – indent 4
Annex III – point a – paragraph 1 – indent 4
— When a cogeneration unit is built or substantially refurbished, Member States shall ensure that there is no increase in the use of fossil fuels other than natural gas in existing heat sources compared to the annual consumption averaged over the previous three calendar years of full operation before refurbishment, and that any new heat sources in that system do not use fossil fuels other than natural gas.
Amendment 1099 #
2021/0203(COD)
Proposal for a directive
Annex V – point 2 – point e
Annex V – point 2 – point e
Amendment 1112 #
2021/0203(COD)
Proposal for a directive
Annex V – point 2 – point g
Annex V – point 2 – point g
(g) policies with the purpose of encouraging higher levels of energy efficiency of products, equipment, transport systems, vehicles and fuels, buildings and building elements, processes or markets shall be permitted , except those policy measures regarding the use of direct combustion of fossil fuel technologies that are implemented as from 1 January 2024 , unless more sustainable solutions are not technically or economically feasible;
Amendment 1129 #
2021/0203(COD)
Proposal for a directive
Annex V – point 2 – point h
Annex V – point 2 – point h
(h) Energy savings as a result of policy measures regarding the use of direct fossil fuel combustion in products, equipment, transport systems, vehicles, buildings or works shall not count towards the fulfilment of energy savings obligation as from 1 January 2024, unless more sustainable solutions are not technically or economically feasible;
Amendment 1139 #
2021/0203(COD)
Proposal for a directive
Annex V – point 2 – point k
Annex V – point 2 – point k
(k) for policies that accelerate the uptake of more efficient products and vehicles, except those regarding the use of direct fossil fuel combustion unless more sustainable solutions are not technically or economically feasible, full credit may be claimed, provided that it is shown that such uptake takes place before expiry of the average expected lifetime of the product or vehicle, or before the product or vehicle would usually be replaced, and the savings are claimed only for the period until end of the average expected lifetime of the product or vehicle to be replaced;
Amendment 57 #
2021/0197(COD)
Proposal for a regulation
Recital 7 a (new)
Recital 7 a (new)
(7a) This Regulation should also take into account the significant industrial and social consequences and ensure employment and accessible mobility for all.
Amendment 63 #
2021/0197(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) In order to achieve a reduction in net greenhouse gas emissions of at least 545 % by 2030 compared to 1990, it is necessary to strengtheimportant to focus on the reduction requirements set out in Regulation (EU) 2019/631 of the European Parliament and of the Council25 for both passenger cars and light commercial vehicles. A clear pathway also needs to be set for further reductions beyond 2030 to contribute to achieving the climate neutrality objective by 2050. Without ambitious action on greenhouse gas emission reductions in road transport, higher emission reductions would be needed in other sectors, including sectors where decarbonisation is more challengingHowever, taking into account the economic and social importance of road transport, those measures will need to ensure that the competitiveness of the industry is maintained and that the transition is performed in a socially acceptable manner. __________________ 25Regulation (EU) 2019/631 of the European Parliament and of the Council of 17 April 2019 setting CO2 emission performance standards for new passenger cars and for new light commercial vehicles, and repealing Regulations (EC) No 443/2009 and (EU) No 510/2011 (OJ L 111, 25.4.2019, p. 13).
Amendment 65 #
2021/0197(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) The strengthened CO2 emission reduction requirements should incentivise an increasing share of zero-emission and low-emission vehicles being deployed on the Union market whilst providing benefits to consumers and citizens in terms of air quality and energy savings, as well as ensuring that innovation in the automotive value chain can be maintained. The automotive industry remains one of the pillars of the Union economy, contributing 7% of European GDP, providing 4.6 million jobs and remaining at the cutting edge of technological innovation with EUR 60 billion invested each year in research and development. The industry needs to be supported in its environmental and digital transition, as European manufacturers are now facing a triple bind, with tightened environmental regulations, increasing investment needs in innovation and heightened international competition. Within the global context, also the EU automotive chain must continue to be a leading actor in the on- going transition towards zero-emission mobility. The strengthened CO2 emission reduction standards aremust remain technology neutral in reaching the fleet-wide targets that they set. Different technologies are andmust remain available to reach the zero-emission fleet wide target. Zero-emission vehicles currently include battery electric vehicles, fuel-cell and other hydrogen powered vehicles, and technological innovations are continuing. Zero and low-emission vehicles, which also include well performing plug-in hybrid electric vehicles, can continue to play a role in the transition pathway which run on advanced biofuels or synthetic fuels as defined in Directive (EU) 2018/20011a, which is currently under review, can continue to play a role in the transition pathway. __________________ 1aDirective (EU) 2018/2001 of the European Parliament and of the Council of 11 December 2018 on the promotion of the use of energy from renewable sources (OJ L 328, 21.12.2018, p. 82).
Amendment 75 #
2021/0197(COD)
Proposal for a regulation
Recital 9 a (new)
Recital 9 a (new)
(9a) While battery-powered electric vehicles have great potential to decarbonise the fleet and should be encouraged, they do not justify abandoning the principle of technological neutrality, and should rather be used together with other efficient technologies. It is important to stress that no technology is ‘zero emission’ or has no environmental impact, including this type of vehicle (given the battery’s carbon footprint, the higher weight of vehicles, the origin of the electricity, the extraction of raw materials). In this respect, the risk of supply tensions should be assessed and addressed in order to meet European demand in a context of increased international pressure to extract the resources needed to manufacture batteries, with projections for battery production increasing twentyfold by 2050. Moreover, the impacts on electricity networks (in terms of decarbonisation, availability, performance and standardisation) or on the rollout of recharging infrastructures (network size correlated with autonomy, high private and public investment requirements) must be considered.
Amendment 83 #
2021/0197(COD)
Proposal for a regulation
Recital 9 b (new)
Recital 9 b (new)
(9b) The principle of technological neutrality is fundamental to ensure there is a plurality of solutions, to preserve innovation and development, including in disruptive technologies, and to allow market flexibility and a diverse range of social behaviours. It is thus important not to limit road transport to a single technology but rather encourage innovation and complementarities between efficient alternative technologies, such as the combined use of hybrid vehicles and low-carbon fuels. Furthermore, a ‘one size fits all’ approach at European level would be compromised by the wide economic, social, geographical and infrastructural diversity within and between Member States, whereas a mix of complementary technologies allows each region to implement the solutions it deems most appropriate to reduce its emissions.
Amendment 90 #
2021/0197(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) Against that background, new strengthened CO2 emission reduction targets should be set for both new passenger cars and new light commercial vehicles for the period 2030 onwards. Those targets should be set at a level that willrespects the principle of technological neutrality while delivering a strong signal to accelerate the uptake of zero-emission and low-emission vehicles on the Union market and to stimulate innovation in zero- emission technologies in a cost- efficient way.
Amendment 103 #
2021/0197(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) The targets in the revised CO2 performance standards should be accompanied by a European strategy to address the challenges posed by the scale- up of the manufacturing of zero-emission and low-emission vehicles and associated technologies, as well as the need for up- and re-skilling of workers in the sector and the economic diversification and reconversion of activities. Where appropriate, fFinancial support should be consideredtherefore be stepped up at the level of the EU and Member States to crowd in private investment, including via the European Social Fund Plus, the Just Transition Fund, the Innovation Fund, the Recovery and Resilience Facility, the Automotive Sector Support Fund and other instruments of the Multiannual Financial Framework and the Next Generation EU, in line with State aid rules. The revised environmental and energy state aid rules will enable Member States to support business to decarbonize their production processes and adopt greener technologies in the context of the New Industrial Strategy.
Amendment 105 #
2021/0197(COD)
Proposal for a regulation
Recital 11 a (new)
Recital 11 a (new)
(11a) A structural effect of the transition to zero-emission vehicles will be significant job losses in the automotive sector, from manufacturers and their suppliers to ancillary maintenance and repair services. In order to manage the social consequences of the transition, a specific fund to support the sector should be established to help with the requalification, training and retraining of automotive workers, particularly for small and medium-sized enterprises in the sector. This fund should be financed by the general budget of the Union and from income from excess emissions premiums.
Amendment 107 #
2021/0197(COD)
Proposal for a regulation
Recital 11 b (new)
Recital 11 b (new)
(11b) It will not be possible to achieve the long-term goal of entirely decarbonising European mobility without technological innovation and technical progress. With that in mind, and in the face of increased international competition, it is essential that the Union and Member States continue their efforts to explore and develop initiatives that promote the synergies possible in the sector, taking as a model the EU Batteries Alliance, and support public and private investment in European automotive research and innovation in order to maintain European technological leadership in that sector, to develop industrial excellence in the technologies of the future on European soil and to ensure the long-term sustainability of its industrial base, keeping it efficient and competitive on the world market.
Amendment 112 #
2021/0197(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) The updated New Industrial Strategy26 foresees the co-creation of green and digital transition pathways in partnership with industry, public authorities, social partners and other stakeholders. In this context, a transition pathway should be developed for the mobility ecosystem to accompany the transition of the automotive value chain. The pathway should take particular heed of SMEs in the automotive supply chain, of the consultation of social partners including by Member States, and also build on the European Skills Agenda with initiatives like the Pact for Skills to mobilise the private sector and other stakeholders to up-skill and re-skill Europe’s workforce in view of the green and digital transitions. The appropriate actions and incentives at European and national level to boost the affordability of zero emission vehicles should also be addressed in the pathway. The progress made on this comprehensive transition pathway for the mobility ecosystem should be monitored every two years as part of a progress report to be submitted by the Commission, looking inter alia at the progress in the deployment of zero- emission and low-emission vehicles, their price developments, deployment of alternative fuels development and infrastructure roll- out as required under the Alternative Fuels Infrastructure Regulation, the potential of innovative technologies to reach climate neutral mobility, international competitiveness, investments in the automotive value chain, up-skilling and re- skilling of workers and reconversion of activities. The progress report will also build on the two-year progress reports that Member States submit under the Alternative Fuels Infrastructure Regulation. The Commission should consult social partners in the preparation of the progress report, including the results in the social dialogue. Innovations in the automotive supply chain are continuing. Innovative technologies such as the production of advanced biofuels and electro-fuels with air capture, if further developed, could offer prospects for affordable climate neutral mobility. The Commission should therefore keep track of progress in the state of innovation in the sector as part of its progress report. __________________ 26 Commission Communication - Updating the 2020 New Industrial Strategy: Building a stronger Single Market for Europe’s recovery, COM(2021) 350 final of 5 May 2021
Amendment 119 #
2021/0197(COD)
Proposal for a regulation
Recital 12 a (new)
Recital 12 a (new)
(12a) In order to ensure the future viability of the European manufacturing industry and to strengthen the Union's strategic autonomy, it is essential that the Commission works together with Member States and industrial stakeholders to secure the supply chain in the strategic materials and rare earths needed for new low-carbon technologies.
Amendment 120 #
2021/0197(COD)
Proposal for a regulation
Recital 12 b (new)
Recital 12 b (new)
(12b) Although this Regulation only applies to new passenger cars and light commercial vehicles on the market, it is important to include in it a more comprehensive Union-wide action plan to decarbonise the existing fleet. The current fleet will remain a factor that contributes towards environmental underperformance for an extended period into the future owing to the slow pace of fleet renewal. To speed up the reduction of emissions from the existing fleet, it is of the utmost importance that the Commission submits legislative proposals without delay to establish a framework that is favourable to retrofitting and encourages the use of low-carbon fuels, to accelerate the modal shift for freight and passengers and to encourage more environmentally friendly transport habits (carpooling, soft mobility and public transport in cities, etc.).
Amendment 127 #
2021/0197(COD)
Proposal for a regulation
Recital 13 a (new)
Recital 13 a (new)
(13a) The rollout of sufficient charging and refuelling infrastructure for alternative fuels is an essential prerequisite for the development of the market for zero- and low-emission vehicles and, therefore, for the success of this Regulation; thus, any increase in this Regulation’s emission-reduction targets, including on interim objectives, should go hand-in-hand with an increase in rollout targets set as part of the revision of the Directive on the deployment of alternative fuels infrastructure; in this connection, it is vital that investment in its deployment should be continued and increased. The Member States should be provided with sufficient support and help to achieve this objective due to their significant investment needs in a decade in which their tax losses and transfers of tax revenues towards alternative fuels will increase. In this context, it is important to underline that the issue of refuelling is intrinsically linked to the very autonomy of vehicles, that, the more the latter increases, the less frequent refuelling will need to be – and that the Commission should therefore take account of technological developments, in particular with regard to the autonomy of batteries, which affect the deployment of infrastructure.
Amendment 150 #
2021/0197(COD)
Proposal for a regulation
Recital 18
Recital 18
Amendment 161 #
2021/0197(COD)
Proposal for a regulation
Recital 23
Recital 23
(23) The progress made under Regulation (EU) 2019/631 towards achieving the reduction objectives set for 2030 and beyond should be reviewed in 20267. For this review, all aspects considered in the two yearly reporting should be considered.
Amendment 166 #
2021/0197(COD)
Proposal for a regulation
Recital 24
Recital 24
Amendment 194 #
2021/0197(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 1 – point a – point i
Article 1 – paragraph 1 – point 1 – point a – point i
Regulation (EU) 2019/631
Article 1 – paragraph 5 – point a
Article 1 – paragraph 5 – point a
(i) in point (a), the figure “37,5 %” is replaced by ‘5540 %’,
Amendment 202 #
2021/0197(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 1 – point a – point ii
Article 1 – paragraph 1 – point 1 – point a – point ii
(ii) in point (b), the figure “31 %” is replaced by ‘540 %’,
Amendment 208 #
2021/0197(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 1 – point b
Article 1 – paragraph 1 – point 1 – point b
Regulation (EU) 2019/631
Article 1 – paragraph 5a – – introductory part
Article 1 – paragraph 5a – – introductory part
5a. From 1 January 203540, the following EU fleet-wide targets shall apply:
Amendment 213 #
2021/0197(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 1 – point b
Article 1 – paragraph 1 – point 1 – point b
Regulation (EU) 2019/631
Article 1 – paragraph 5a – point a
Article 1 – paragraph 5a – point a
(a) for the average emissions of the new passenger car fleet, an EU fleet-wide target equal to a 1070 % reduction of the target in 2021 determined in accordance with Part A, point 6.1.32, of Annex I, to maintain a balanced proportion of low- emission passenger cars on the market;
Amendment 220 #
2021/0197(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 1 – point b
Article 1 – paragraph 1 – point 1 – point b
Regulation (EU) 2019/631
Article 1 – paragraph 5a – point b
Article 1 – paragraph 5a – point b
(b) for the average emissions of the new light commercial vehicles fleet, an EU fleet-wide target equal to a 1070 % reduction of the target in 2021 determined in accordance with Part B, point 6.1.3, of Annex I.
Amendment 222 #
2021/0197(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 1 – point b
Article 1 – paragraph 1 – point 1 – point b
Regulation (EU) 2019/631
Article 1 – paragraph 5a – point b
Article 1 – paragraph 5a – point b
(b) for the average emissions of the new light commercial vehicles fleet, an EU fleet-wide target equal to a 100 % reduction of the target in 2021 determined in accordance with Part B, point 6.1.3,2 of Annex I.
Amendment 237 #
2021/0197(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 3 – point b a (new)
Article 1 – paragraph 1 – point 3 – point b a (new)
Regulation (EU) 2019/631
Article 3 – paragraph 1 – point n a (new)
Article 3 – paragraph 1 – point n a (new)
(ba) the following point is added: ‘(na) sustainable and/or advanced renewable fuel’ means fuels that meet the sustainability requirements set out in Directive (EU) 2018/2001.’
Amendment 239 #
2021/0197(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 3 – point b a (new)
Article 1 – paragraph 1 – point 3 – point b a (new)
Regulation (EU) 2019/631
Article 3 – paragraph 1 – point n a (new)
Article 3 – paragraph 1 – point n a (new)
(ba) the following point is added: ‘(na) ‘plug-in hybrid electric vehicle’ (PHEV): a vehicle powered by a combination of an electric motor with a rechargeable battery and an internal combustion engine, which may operate together or separately.’
Amendment 256 #
2021/0197(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point a a (new)
Article 1 – paragraph 1 – point 5 – point a a (new)
Regulation (EU) 2019/631
Article 7 – paragraph 10
Article 7 – paragraph 10
Amendment 267 #
2021/0197(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Regulation (EU) 2019/631
Article 10 – paragraph 2
Article 10 – paragraph 2
Amendment 277 #
2021/0197(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 6 a (new)
Article 1 – paragraph 1 – point 6 a (new)
Regulation (EU) 2019/631
Article 12 – paragraph 3 a (new)
Article 12 – paragraph 3 a (new)
(6a) In Article 12, the following paragraph is inserted: ‘3a. The Commission shall draw up, no later than 31 December 2023, a common Union methodology for the assessment and the consistent data reporting of the full life-cycle CO2 emissions of fuels and energy consumed by vehicles on the Union market.’
Amendment 284 #
2021/0197(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Regulation (EU) 2019/631
Article 14 a – paragraph 1
Article 14 a – paragraph 1
By 31 December 2025, and every two years thereafter, the Commission shall report on the progress towards zero emission road mobilityclimate neutrality road mobility. The report shall assess and as certain whether this regulation needs to be modified to take a more holistic and comprehensive approach to emissions, on the basis of the methodologies set out in Articles 7(10) and 12(3a). The report shall in particular monitor and assess the need for possible additional measures to facilitate the transition, including through financial means.
Amendment 289 #
2021/0197(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Regulation (EU) 2019/631
Article 14 a – paragraph 2
Article 14 a – paragraph 2
In the reporting, the Commission shall consider all factors that contribute to a cost-efficient progress towards climate neutrality by 2050. ThisFactors shall includes the deploymenfollowing: (a) the cost of zero- and low-emission vehicles, progress in achieving the targets for the roll-out of recharging and refuelling infrastructure (b) consumer take-up of zero- and low-emission vehicles (c) the specific characteristics of light commercial vehicles (d) progress in achieving a sufficient roll-out of recharging and refuelling infrastructure including, but not limited to, progress in achieving the targets as required under the Alternative Fuels Infrastructure Regulation, and the Energy Performance of Building Directive, (e) the potential contribution of innovation technologies and sustainable alternative fuels, including synthetic fuels, to reach climate neutral mobility, impact on consumers, progress in social dialogue as well as aspects to further facilitate an economically viable and socially fair transition towards zero emission road mobility. (f) the functioning of the incentive mechanism for zero- and low-emission vehicles, (g) impact on consumers, particularly those on low and medium incomes, (h) progress in social dialogue as well as aspects to further facilitate an economically viable and socially fair transition, taking into account employment and competitiveness, towards affordable climate neutral road mobility. For each of the factors listed above, the Commission shall issue an assessment of its effectiveness, taking into account expected progress, in enabling the 2030 and 2035 fleet average CO2 targets to be met.
Amendment 303 #
2021/0197(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 10 – point a
Article 1 – paragraph 1 – point 10 – point a
Regulation (EU) 2019/631
Article 15 – paragraph 1
Article 15 – paragraph 1
1. The Commission shall, in 20287, review the effectiveness and impact of this Regulation, building on the two yearly reporting, and submit a report to the European Parliament and to the Council with the result of the review.
Amendment 310 #
2021/0197(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 10 – point a
Article 1 – paragraph 1 – point 10 – point a
Regulation (EU) 2019/631
Article 15 – paragraph 1 – subparagraph 2
Article 15 – paragraph 1 – subparagraph 2
The report shall, where appropriate, be accompanied by a proposal for amending this Regulation. by introducing EU fleet-wide targets for passenger cars from 1 January 2035 and from 1 January 2040 as appropriate.’
Amendment 313 #
2021/0197(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 10 – point a a (new)
Article 1 – paragraph 1 – point 10 – point a a (new)
Regulation (EU) 2019/631
Article 15 – paragraph 2
Article 15 – paragraph 2
Amendment 315 #
2021/0197(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 10 – point b
Article 1 – paragraph 1 – point 10 – point b
Regulation (EU) 2019/631
Article 15 – paragraphs 2 to 5
Article 15 – paragraphs 2 to 5
(b) paragraphs 23 to 5 are deleted,
Amendment 318 #
2021/0197(COD)
Proposal for a regulation
Annex I – paragraph 1 – point 1 – point a
Annex I – paragraph 1 – point 1 – point a
Regulation (EU) 2019/631
Annex I – part A – point 6.1
Annex I – part A – point 6.1
Amendment 319 #
2021/0197(COD)
Proposal for a regulation
Annex I – paragraph 1 – point 1 – point a
Annex I – paragraph 1 – point 1 – point a
Regulation (EU) 2019/631
Annex I – part A – point 6.1
Annex I – part A – point 6.1
Amendment 328 #
2021/0197(COD)
Proposal for a regulation
Annex I – paragraph 1 – point 1 – point b
Annex I – paragraph 1 – point 1 – point b
Regulation (EU) 2019/631
Annex I – part A – point 6.1.2
Annex I – part A – point 6.1.2
Amendment 331 #
2021/0197(COD)
Proposal for a regulation
Annex I – paragraph 1 – point 1 – point b
Annex I – paragraph 1 – point 1 – point b
Amendment 332 #
2021/0197(COD)
Proposal for a regulation
Annex I – paragraph 1 – point 1 – point c
Annex I – paragraph 1 – point 1 – point c
Regulation (EU) 2019/631
Annex I – part A – point 6.1.3
Annex I – part A – point 6.1.3
Amendment 338 #
2021/0197(COD)
Proposal for a regulation
Annex I – paragraph 1 – point 1 – point c
Annex I – paragraph 1 – point 1 – point c
Regulation (EU) 2019/631
Annex I – part A – point 6.1.3
Annex I – part A – point 6.1.3
Amendment 339 #
2021/0197(COD)
Proposal for a regulation
Annex I – paragraph 1 – point 1 – point c
Annex I – paragraph 1 – point 1 – point c
Regulation (EU) 2019/631
Annex I – part A – point 6.1.3
Annex I – part A – point 6.1.3
Amendment 363 #
2021/0197(COD)
Proposal for a regulation
Annex I – paragraph 1 – point 1 – point f
Annex I – paragraph 1 – point 1 – point f
Regulation (EU) 2019/631
Annex I – part A – point 6.3.2
Annex I – part A – point 6.3.2
6.3.2 Specific emissions targets for 2030 to 2034
Amendment 367 #
2021/0197(COD)
Proposal for a regulation
Annex I – paragraph 1 – point 1 – point f
Annex I – paragraph 1 – point 1 – point f
Regulation (EU) 2019/631
Annex I – part A – point 6.3.3
Annex I – part A – point 6.3.3
Amendment 390 #
2021/0197(COD)
Proposal for a regulation
Annex I – paragraph 1 – point 2 – point c – introductory part
Annex I – paragraph 1 – point 2 – point c – introductory part
Regulation (EU) 2019/631
Annex I – part B – point 6.1.3
Annex I – part B – point 6.1.3
(c) the following points 6.1.3 isand 6.1.3a are added:
Amendment 392 #
2021/0197(COD)
Proposal for a regulation
Annex I – paragraph 1 – point 2 – point c
Annex I – paragraph 1 – point 2 – point c
Regulation (EU) 2019/631
Annex I – part B – point 6.1.3
Annex I – part B – point 6.1.3
6.1.3. The EU fleet-wide targets for 2035 onwardsrom 2035 to 2039 EU fleet-wide target 2035 = EU fleet-wide target 2021· (1– reduction factor 2035) where: EU fleet-wide target2021 is as defined in point 6.0; Reduction factor2035 is as defined in Article 1(5a), point (b).
Amendment 396 #
2021/0197(COD)
Proposal for a regulation
Annex I – paragraph 1 – point 2 – point c
Annex I – paragraph 1 – point 2 – point c
Regulation (EU) 2019/631
Annex I – part B – point 6.1.3 a (new)
Annex I – part B – point 6.1.3 a (new)
6.1.3a. The EU fleet-wide target for 2040 onwards EU fleet-wide target2040 = EU fleet-widetarget2021· (1– reduction factor2040) where: EU fleet-wide target2021 is as defined in point 6.0; Reduction factor2040 is as defined in Article 1(5b), point (a).’
Amendment 401 #
2021/0197(COD)
Proposal for a regulation
Annex I – paragraph 1 – point 2 – point d
Annex I – paragraph 1 – point 2 – point d
Regulation (EU) 2019/631
Annex I – part B – point 6.2.2
Annex I – part B – point 6.2.2
EU fleet-wide target2030 is as determined in accordance with point 6.1.3;2; α is a2030 where the average test mass of a manufacturer's new light commercial vehicles is equal to or lower than TM0 determined in accordance with point (d) of Article 14(1) and a2021 where the average test mass of a manufacturer's new light commercial vehicles is higher than TM0 determined in accordance with point (d) of Article 14(1); where: a2030 is a2021 · EU fleet-wide target2030 / Average emissions2021 a2021 is as defined in point 6.2.1; average emissions2021 is as defined in point 6.2.1; TM is as defined in point 6.2.1; TM0 is as defined in point 6.2.1.
Amendment 402 #
2021/0197(COD)
Proposal for a regulation
Annex I – paragraph 1 – point 2 – point d
Annex I – paragraph 1 – point 2 – point d
Regulation (EU) 2019/631
Annex I – part B – point 6.2.2
Annex I – part B – point 6.2.2
Amendment 403 #
2021/0197(COD)
Proposal for a regulation
Annex I – paragraph 1 – point 2 – point d
Annex I – paragraph 1 – point 2 – point d
Regulation (EU) 2019/631
Annex I – part B – point 6.2.2
Annex I – part B – point 6.2.2
Amendment 193 #
2021/0171(COD)
Proposal for a directive
Recital 49 a (new)
Recital 49 a (new)
(49 a) Creditors, providers of crowdfunding credit services and insurers should not take into account the medical history of people who have been affected by cancer. Currently, five Member States have national provisions to help specific groups of people affected by cancer, under certain circumstances, to access financial services, including insurance, without reference to the risk associated with cancer. Such provisions should be implemented in all Member States. To this end, Member States should define, with the support of medical, scientific and statistical experts, the conditions determining the right to access financial services, including insurance, without reference to the risk associated with cancer. Member States should also undertake to adopt measures to inform consumers of the existence of this right. The imposition of restrictive conditions in policies, which are not based on medical, scientific and statistical data, should be avoided whenever pre-existing conditions are disclosed.
Amendment 204 #
2021/0171(COD)
Proposal for a directive
Recital 62
Recital 62
(62) The consumer should have the right to discharge his or her obligations before the date agreed in the credit agreement. As provided by the Court of JusticeThe consumer should have the right to a reduction in the total cost of the credit in the event of early repayment of the credit, which includes all the costs imposed by the creditor ofn the EU Lexitor ruling,34 the right of the consumer to a reduction in the total cost of the credit in the event of early repayment of the credit includes all the costs imposconsumer with the exclusion of up-front costs - in so far as they are preliminary and preparatory activities for the granting of the loan, and are fully exhausted at the time of granting the loan - that have been adequately identified and declared and the cost of third parties (e.g fee of credit intermediaries, insurance charges and taxes). As regards the method of reimbursement, the amortised cost criterion (interest curve) for the calculation of the proportional reduction of costs should apply unless it is otherwise regulated oin the consumertract taken in account. In the case of early repayment the creditor should be entitled to a fair and objectively justified compensation for the costs directly linked to the early repayment, taking into account also any savings thereby made by the creditor. However, in order to determine the method of calculating the compensation, it is important to respect several principles. The calculation of the compensation due to the creditor should be transparent and comprehensible to consumers already at the pre-contractual stage and in any case during the performance of the credit agreement. In addition, the calculation method should be easy for creditors to apply, and supervisory control of the compensation by the competent authorities should be facilitated. Therefore, and due to the fact that consumer credit is, given its duration and volume, not financed by long- term funding mechanisms, the ceiling for the compensation should be fixed in terms of a flat-rate amount. This approach reflects the specific nature of consumer credits and should not prejudice the approach in respect of other products which are financed by long-term funding mechanisms, such as fixed-rate mortgage loans. _________________ 34 Judgment of the Court of Justice of 11 September 2019, Lexitor, C-383/18, ECLI:EU:C:2019:702.
Amendment 211 #
2021/0171(COD)
Proposal for a directive
Recital 65
Recital 65
(65) The fixing of caps on interest rates, on annual percentage rates of charge and or the total cost of the credit to the consumer is a common practice in a number of Member States. Such capping has proved beneficial for consumers. In that context, Member States should be able to maintain their current legal regime. However, in an effort to increase consumer protection without imposing unnecessary limits on Member States, caps on interest rates, on annual percentage rates of charge and or on the total cost of the credit to the consumer should be introduced throughout the Union.
Amendment 245 #
2021/0171(COD)
Proposal for a directive
Article 2 – paragraph 2 – point g a (new)
Article 2 – paragraph 2 – point g a (new)
(g a) credit agreements where the credit is granted free of interest and without any other charges;
Amendment 286 #
2021/0171(COD)
Proposal for a directive
Article 3 – paragraph 1 – point 5 a (new)
Article 3 – paragraph 1 – point 5 a (new)
(5 a) Short-term, interest-free (“STIF”) credit agreement means “a fixed-sum credit agreement between a consumer (borrower) and a creditor (lender) entered into in connection with the purchase of goods or services, where the credit is granted free of interest and without any other charges and credit agreements under the terms of which the credit has to be repaid within three months and only insignificant charges are payable”.
Amendment 377 #
2021/0171(COD)
Proposal for a directive
Article 10 – paragraph 3 – point a
Article 10 – paragraph 3 – point a
(a) the total amount of credit; (b) the duration of the credit agreement or of the agreement for the provision of crowdfunding credit services; (c) the borrowing rate, or all borrowing rates if different borrowing rates apply in different circumstances; (d) the annual percentage rate of charge and the total amount payable by the consumer; (e) in the case of a credit in the form of deferred payment for specific goods or services and in the case of linked credit agreements, the specific goods or services and their cash price; (f) costs in the case of late payments; (g) the type of credit;
Amendment 381 #
2021/0171(COD)
Proposal for a directive
Article 10 – paragraph 3 – point c
Article 10 – paragraph 3 – point c
Amendment 384 #
2021/0171(COD)
Proposal for a directive
Article 10 – paragraph 3 – point d
Article 10 – paragraph 3 – point d
Amendment 385 #
2021/0171(COD)
Proposal for a directive
Article 10 – paragraph 3 – point e
Article 10 – paragraph 3 – point e
Amendment 386 #
2021/0171(COD)
Proposal for a directive
Article 10 – paragraph 3 – point f
Article 10 – paragraph 3 – point f
Amendment 389 #
2021/0171(COD)
Proposal for a directive
Article 10 – paragraph 3 – point g
Article 10 – paragraph 3 – point g
Amendment 416 #
2021/0171(COD)
Proposal for a directive
Article 10 – paragraph 4
Article 10 – paragraph 4
Amendment 438 #
2021/0171(COD)
Proposal for a directive
Article 10 – paragraph 5
Article 10 – paragraph 5
Amendment 445 #
2021/0171(COD)
Proposal for a directive
Article 10 – paragraph 5 – subparagraph 1
Article 10 – paragraph 5 – subparagraph 1
Any additional information which the creditor may provide to the consumer shall be given in a separate document which may be annexed to the Standard European Consumer Credit Information form or the Standard European Consumer Credit Overview form.
Amendment 460 #
2021/0171(COD)
Proposal for a directive
Article 10 – paragraph 7
Article 10 – paragraph 7
7. If the agreement has been concluded at the consumer's request using a means of distance communication which does not enable the information to be provided in accordance with this article, the creditor and, where applicable, the credit intermediary or the provider of crowdfunding credit services shall provide the consumer with the Standard European Consumer Credit Information form and the Standard European Consumer Credit Overview form immediately after the conclusion of the credit agreement or of the agreement for the provision of crowdfunding credit services.
Amendment 464 #
2021/0171(COD)
Proposal for a directive
Article 10 – paragraph 8
Article 10 – paragraph 8
8. Upon request from the consumer, the creditor and, where applicable, the credit intermediary or the provider of crowdfunding credit services shall, in addition to the Standard European Consumer Credit Information form and the Standard European Consumer Credit Overview form, provide the consumer free of charge with a copy of the draft credit agreement, or of the draft agreement for the provision of crowdfunding credit services, provided that the creditor at the time of the request is willing to proceed to the conclusion of the credit agreement or of the agreement for the provision of crowdfunding credit services with the consumer.
Amendment 517 #
2021/0171(COD)
Proposal for a directive
Article 14 – paragraph 4
Article 14 – paragraph 4
4. Member States may allow creditors or providers of crowdfunding credit services to require the consumer to hold a relevant insurance policy related to the credit agreement or crowdfunding credit services, taking into account proportionality considerations. In such cases, Member States shall ensure that the creditor or the provider of crowdfunding credit services is required to accept the insurance policy from a supplier different to his or her preferred supplier where such insurance policy has a level of guarantee equivalent to the one the creditor or the provider of crowdfunding credit services has proposed, without modifying the condition of the credit offering to the consumer. Under those circumstances, the insurance policy shall avoid imposing restrictive conditions, whenever specific requirements related to pre-existing medical conditions are fulfilled (such as the “right to be forgotten” criteria for cancer survivors). Member States shall guarantee that people cured of specific pathologies have equal access to insurance policies. For this purpose, Member States should define, with the support of medical, scientific and statistical experts, the conditions that determine the right to access financial services, including insurance, without reference to cancer, committing themselves to review these conditions periodically. Member States should also take measures to inform consumers of the existence of this right.
Amendment 541 #
2021/0171(COD)
Proposal for a directive
Article 17 – paragraph 1
Article 17 – paragraph 1
Member States shall prohibit any sale of credit to consumers, without their prior request and explicit agreement. This provision shall not apply to credit agreements concluded at point of sale to finance the purchase of a good or a service
Amendment 552 #
2021/0171(COD)
Proposal for a directive
Article 18 – paragraph 1
Article 18 – paragraph 1
1. Member States shall require that, before concluding a credit agreement, or an agreement for the provision of crowdfunding credit services, the creditor or, where applicable, the provider of crowdfunding credit services makes a thorough assessment of the consumer’s creditworthiness. That assessment shall be done in the interest of the consumer, taking into account the nature and the risks of the credit, to prevent irresponsible lending practices and over-indebtedness, and shall take appropriate account of factors relevant to verifying the prospect of the consumer to meet his or her obligations under the credit agreement or the agreement for the provision of crowdfunding credit services. The obligation to assess the creditworthiness is considered fulfilled if the creditor has met the requirements provided by Directive 2013/36/EU, Regulation n. 575/2013 EU and EBA Guidelines ABE/GL/2020/06.
Amendment 558 #
2021/0171(COD)
Proposal for a directive
Article 18 – paragraph 2 – introductory part
Article 18 – paragraph 2 – introductory part
2. The assessment of creditworthiness shall be carried out on the basis of relevant and accurate information on the consumer’s income and expenses and other financial and economic circumstances which is necessary and proportionate such as evidence of income or other sources of repaymenwhich is necessary and proportionate to the nature and the risks of the credit, inform relation on financial assets and liabilities, or information on other financial commitmentsto nature, duration, complexity and size of the credit granted. The information shall be obtained from relevant internal or external sources, including the consumer and, where necessary, on the basis of a consultation of a database referred to in Article 19. In the case of STIF credit agreements, as referred to in Article [3 point 5a] of the current Directive , the creditors may base their creditworthiness assessment on other indicators or information as appropriate to the reduced risk levels associated with these products.
Amendment 564 #
2021/0171(COD)
Proposal for a directive
Article 18 – paragraph 2 – subparagraph 1
Article 18 – paragraph 2 – subparagraph 1
Amendment 570 #
2021/0171(COD)
Proposal for a directive
Article 18 – paragraph 2 – subparagraph 1 a (new)
Article 18 – paragraph 2 – subparagraph 1 a (new)
Given that STIF credit agreements (as defined in Article 3) are a relatively new and rapidly expanding market, Member States shall impose additional reporting requirements on STIF credit providers licensed in their territory including on usage levels, default rates and late fee revenues accrued. Where default rates and late fees are found to be excessively high, Member States shall take additional steps to ensure the full compliance of the STIF credit provider with the conduct rules set out in Article 38 and require remedial measures as appropriate.
Amendment 585 #
2021/0171(COD)
Proposal for a directive
Article 18 – paragraph 4 – introductory part
Article 18 – paragraph 4 – introductory part
4. Member States shall ensure that the creditor or the provider of crowdfunding credit services only makes the credit available to the consumer where the result of the creditworthiness assessment indicates that the obligations resulting from the credit agreement or the agreement for the provision of crowdfunding credit services are likely to be met in the manner required under that agreement. However, a positive creditworthiness assessment should not constitute an obligation for the creditor to provide credit.
Amendment 592 #
2021/0171(COD)
Proposal for a directive
Article 18 – paragraph 4 – subparagraph 1
Article 18 – paragraph 4 – subparagraph 1
Amendment 600 #
2021/0171(COD)
Proposal for a directive
Article 18 – paragraph 6
Article 18 – paragraph 6
Amendment 651 #
2021/0171(COD)
Proposal for a directive
Article 21 – paragraph 3 a (new)
Article 21 – paragraph 3 a (new)
3 a. Member States shall identify, among the elements listed in paragraph 1, those which, if absent or uncertain, shall lead to the nullity of the contract, those which can be replaced by law and those which extend the period for exercising the right of withdrawal defined by article 26.
Amendment 688 #
2021/0171(COD)
Proposal for a directive
Article 29 – paragraph 1
Article 29 – paragraph 1
1. Member States shall ensure that the consumer is at any time entitled to early repayment. In such cases, the consumer shall be entitled to a reduction in the total cost of the credit, consisting of the interest and the costs for the remaining duration of the contract. When calculating that reduction, all the costs imposed on the consumer by the creditor shall be taken into consideration, except for up-front costs, which are fully exhausted at the time of granting of the loan and corresponded to services effectively provided to the consumer or to costs effectively incurred by creditor as well as third party costs. The up-front costs should be adequately identified and declared in the credit contract. In any case, costs that remunerate credit intermediaries activities or costs that remunerate creditor’s services as well as taxes are excluded from the calculation of the reduction of the total cost of credit. As regards the method of reimbursement the amortised cost criterion (interest curve) for the calculation of the proportional reduction of costs should be used unless otherwise regulated in the contract.
Amendment 711 #
2021/0171(COD)
Proposal for a directive
Article 31 – paragraph 1 – introductory part
Article 31 – paragraph 1 – introductory part
1. 1. Member States shall introducemay set caps on one or more of the following:
Amendment 721 #
2021/0171(COD)
Proposal for a directive
Article 31 – paragraph 2
Article 31 – paragraph 2
2. Member States may introduce additional caps for revolving credit facilitiesThe provision of Paragraph 1 is considered fulfilled whereas there are national legislations already in force setting up caps on one of the options listed in letters a,b, c.
Amendment 796 #
2021/0171(COD)
Proposal for a directive
Article 46 – paragraph 2
Article 46 – paragraph 2
2. The Commission shall also monitor the effect of the existence of the regulatory choices referred to in Article 42 on the internal market and consumers. Given that STIF credit products (as defined in Article 3) are a relatively new and rapidly expanding market, it is appropriate that the Commission gives particular consideration in its review to the further development of this market and the evidence base regarding consumer harm, and to whether the treatment of such products under this Directive needs to be revised.
Amendment 203 #
2021/0170(COD)
Proposal for a regulation
Recital 24 a (new)
Recital 24 a (new)
(24 a) The indication of origin is a necessary supplement to the basic traceability requirements laid down in this Regulation concerning the name and address of the manufacturer. Furthermore, the indication of the country of origin helps to identify the actual place of manufacture in all those cases where the manufacturer cannot be contacted, in particular where its given address is different from the actual place of manufacture, where the name and address of the manufacturer is missing altogether or where the address was on the packaging that has been lost. Suchinformation can facilitate the task of market surveillance authorities in tracing the product back to the actual place of manufacture and enable contacts with the authorities of the countries of origin in the framework of bilateral or multilateral cooperation on consumer product safety for appropriate follow-up actions.
Amendment 294 #
2021/0170(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point a a (new)
Article 2 – paragraph 2 – point a a (new)
(a a) printed books and periodical different from children's books and printed periodicals;
Amendment 303 #
2021/0170(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 1
Article 3 – paragraph 1 – point 1
1. ‘product’ means any item, interconnected or not to other items, suppliitem placed or made available, whether for consideration or not, in the course of a commercial activity including in the context of providing a service – -which is intended for consumers or can, under reasonably foreseeable conditions, be used by consumers even if not intended for them;
Amendment 312 #
2021/0170(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 2
Article 3 – paragraph 1 – point 2
2. ‘safe product’ means any product which, under normal or reasonably foreseeable conditions of use or miscorrect use, including the actual duration of use, does not present any risk or only the minimum risks compatible with the product's use, considered acceptable and consistent with a high level of protection of health and safety of consumers;
Amendment 316 #
2021/0170(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 3
Article 3 – paragraph 1 – point 3
3. ‘dangerous product’ means any product which does not conform to the definition of ‘safe product’, by virtue of the manner it is created, or the components with which it is manufactured, or use to which it is intended, may potentially endanger the health and/or safety of consumers;
Amendment 336 #
2021/0170(COD)
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
Amendment 337 #
2021/0170(COD)
Proposal for a regulation
Article 5 – paragraph 1 a (new)
Article 5 – paragraph 1 a (new)
Manufacturers and a natural or legal person, other than the manufacturer, that substantially modifies the product pursuant to article 12 thereof, shall place or make available on the Union market only products as defined in accordance with this Regulation.
Amendment 370 #
2021/0170(COD)
Proposal for a regulation
Article 7 – paragraph 1 – point f
Article 7 – paragraph 1 – point f
(f) the appearance of the product and in particular where a product, although not foodstuff, resembles foodstuff and is likely to be confused with foodstuff due to its form, odour, colour, appearance, packaging, labelling, volume, size or other characteristics;
Amendment 390 #
2021/0170(COD)
Proposal for a regulation
Article 7 a (new)
Article 7 a (new)
Amendment 398 #
2021/0170(COD)
Proposal for a regulation
Article 8 – paragraph 2 – subparagraph 1
Article 8 – paragraph 2 – subparagraph 1
Manufacturers shall make publicly available to consumers, communication channels such as telephone number, electronic address or dedicated section of their website, allowing the consumers to file complaints and to inform them of any accident or safety issue they have experienced with the product. These communication channels and the reporting methods shall be provided in accessible formats for persons with disabilities.
Amendment 405 #
2021/0170(COD)
Proposal for a regulation
Article 8 – paragraph 2 – subparagraph 2
Article 8 – paragraph 2 – subparagraph 2
Amendment 429 #
2021/0170(COD)
Proposal for a regulation
Article 8 – paragraph 6
Article 8 – paragraph 6
6. Manufacturers shall ensure that their products bear a type, batch or serial number or other element allowing the identification of the product which is easily visible and legible for consumers, or, where the size or nature of the product does not allow it, that the required information is provided on the packaging or in a document accompanying the product. This information shall be provided in accessible formats for persons with disabilities.
Amendment 432 #
2021/0170(COD)
Proposal for a regulation
Article 8 – paragraph 7
Article 8 – paragraph 7
7. Manufacturers shall indicate their name, registered trade name or registered trade mark and the postal and electronic address at which they can be contacted on the product or, where that is not possible, on its packaging or in a document accompanying the product. The address shall indicate a single contact point at which the manufacturer can be contacted. This information shall be provided in accessible formats for persons with disabilities.
Amendment 437 #
2021/0170(COD)
Proposal for a regulation
Article 8 – paragraph 8
Article 8 – paragraph 8
8. Manufacturers shall ensure that their product is accompanied by instructions and safety information in a language which can be easily understood by consumers, as determined by the Member State in which the product is made available. Alternatively, the instructions may be provided in a digital format. However, upon consumer’s request at the time of the purchase of the product, the instructions shall be provided in paper format free of charge. This requirement shall not apply where the product can be used safely and as intended by the manufacturer without such instructions and safety information.
Amendment 459 #
2021/0170(COD)
Proposal for a regulation
Article 9 – paragraph 2 – point a
Article 9 – paragraph 2 – point a
(a) provide asupport market surveillance authority, upon its reasoned request, withand ensure that all information and documentation necessary is available for inspection by the market surveillance authority to demonstrate the safety of the product in an official language which can be understood by that authority;
Amendment 468 #
2021/0170(COD)
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
Amendment 474 #
2021/0170(COD)
Proposal for a regulation
Article 10 – paragraph 3
Article 10 – paragraph 3
3. ITaking into account the practices and characteristics of each product sector, importers shall indicate their name, registered trade name or registered trade mark, the postal and electronic address at which they can be contacted on the product or, where that is not possible, on its packaging or in a document accompanying the product. They shall ensure that any additional label does not obscure any information on the label provided by the manufacturer. This information shall be provided in accessible formats for persons with disabilities.
Amendment 523 #
2021/0170(COD)
Proposal for a regulation
Article 15 – paragraph 2
Article 15 – paragraph 2
2. In addition to the tasks referred to in Article 4(3) of Regulation (EU) 2019/1020, the economic operator referred to in Article 4(1) of Regulation (EU) 2019/1020 shall periodically carry out sample testing ofaking into account the practice and characteristics of each product sector as well as the evidence, based on the same characteristics and functions, of the safety of the product, the economic operator referred to in Article 4(1) of Regulation (EU) 2019/1020 shall be able to provide testing documentation against harmonized standards upon request for randomly chosen products made available on the market. When the products made available on the market have been subject to a Commission decision adopted under Article 26(1) of this Regulation, the economic operator referred to in Article 4(1) of Regulation (EU) 2019/1020 shall carry out, at least once a year, for the entire duration of the decision, representative sample testing of products made available on the market chosen under the control of a judicial officer or any qualified person designated by the Member State where the economic operator is situated.
Amendment 545 #
2021/0170(COD)
Proposal for a regulation
Article 18 – paragraph 1 – introductory part
Article 18 – paragraph 1 – introductory part
Where products are made available on the market online or through other means of distance sales by the relevant economic operators, the relevant offer of the product shall clearly and visibly indicate at least the following information to achieve parity with offline sales, such as:
Amendment 548 #
2021/0170(COD)
Proposal for a regulation
Article 18 – paragraph 1 – point c
Article 18 – paragraph 1 – point c
(c) information that allow to identify the product, includingfor example its type and, when available, batch or serial number and any other product identifier;
Amendment 550 #
2021/0170(COD)
Proposal for a regulation
Article 18 – paragraph 1 – point d
Article 18 – paragraph 1 – point d
(d) any warning or safety information that is to be affixed on the product or to accompany itpackaging in accordance with this Regulation or the applicable Union harmonisation legislation in a language which can be easily understood by consumers. and enable additional information to be accessible through manufacturer’s e-label. This information shall be provided in accessible formats for persons with disabilities
Amendment 574 #
2021/0170(COD)
Proposal for a regulation
Article 20 – paragraph 1 – subparagraph 1 a (new)
Article 20 – paragraph 1 – subparagraph 1 a (new)
Online marketplaces should comply with the obligations set out in Article 10 for products they facilitate the sale of when there is no manufacturer established in the Union and no importer.
Amendment 579 #
2021/0170(COD)
Proposal for a regulation
Article 20 – paragraph 2 – subparagraph 1
Article 20 – paragraph 2 – subparagraph 1
Online marketplaces shall take the necessary measures to receive and process the orders issued in accordance with this paragraph. They shall act upon receipt of the order issued without undue delay, and in any event within two working days in the Member State where the online marketplace operates, from receipt of the order. They shall inform the issuing market surveillance authority of the effect given to the order by using the contacts of the market surveillance authority published in the Safety Gatereplying via email to the notified order.
Amendment 585 #
2021/0170(COD)
Proposal for a regulation
Article 20 – paragraph 3
Article 20 – paragraph 3
3. Online marketplaces shall take into account regular information on dangerous products notified by the market surveillance authorities in line with Article 24, received via the Safety Gate portal, for the purpose of applying their voluntary measures aimed at detecting, identifying, removing or disabling access to the illegal content referring to dangerous products offered on their marketplace, where applicable. They shall informprovide periodic agreed reports to the authority that made the notification to the Safety Gate of any action taken by using the contacts of the market surveillance authority published in the Safety Gate.
Amendment 592 #
2021/0170(COD)
Proposal for a regulation
Article 20 – paragraph 4
Article 20 – paragraph 4
4. Online marketplaces shall give an appropriate answer without undue delay, and in any event within five working days, in the Member State where the online marketplace operates, to notices related to product safety issues and dangerous products received in accordance with [Article 14] of Regulation (EU) […/…] on a Single Market for Digital Services (Digital Service Act) and amending Directive 2000/31/EC.
Amendment 622 #
2021/0170(COD)
Proposal for a regulation
Article 20 – paragraph 6 – point d
Article 20 – paragraph 6 – point d
(d) allowing access to their interfaces for the online tools operated by market surveillance authorities to identify dangerous productupon request, provide relevant data useful to effectively engage in market surveillance activities;
Amendment 683 #
2021/0170(COD)
Proposal for a regulation
Article 27 – paragraph 1
Article 27 – paragraph 1
1. Products that have been deemed dangerous on the basis of a decision of a market surveillance authority in one Member State according to this Regulation shall be presumed dangerous by market surveillance authorities in other Member States.
Amendment 698 #
2021/0170(COD)
Proposal for a regulation
Article 29 – paragraph 1
Article 29 – paragraph 1
1. In the framework of the activities referred to in Article 28(3), point (b), market surveillance authorities may agree with other relevant authorities orand with organisations representing economic operators orand consumers to carry out activities aimed at ensuring safety and protection of consumers health with respect to specific categories of products placed or made available on the market, in particular categories of products that are often found to present a serious risk.
Amendment 710 #
2021/0170(COD)
Proposal for a regulation
Article 31 – paragraph 2
Article 31 – paragraph 2
2. Member States and the Commission shall take the necessary steps to ensure that their officials and agents are required not to disclose information, different from the ones pointed out in article 31(1), obtained for the purposes of this Regulation which, by its nature, is covered by professional secrecy in duly justified cases, except for information relating to the safety properties of products pursuant to article 31(1) which must be made public in order to protect consumers.
Amendment 720 #
2021/0170(COD)
Proposal for a regulation
Article 32 – paragraph 2
Article 32 – paragraph 2
2. Consumers shall have the possibility to inform the Commission of products which may presenting a risk to consumer health and safety through a separate section of the Safety Gate portal. The Commission shall take in due consideration the information received and ensure follow up, where appropriate.
Amendment 784 #
2021/0170(COD)
Proposal for a regulation
Article 47 – paragraph 2
Article 47 – paragraph 2
It shall apply from [624 months after the entry into force of this Regulation].
Amendment 35 #
2021/0114(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) There should be a financial contribution, or any other advantage provided, directly or indirectly, by the public authorities of a third country. The financial contribution or advantage may be granted through public or private entities. Whether a public entity provides a financial contribution or advantage should be determined on a case-by-case basis with due regard to elements such as the characteristics of the relevant entity and the legal and economic environment prevailing in the country in which the entity operates including the government’s role in the economy. Financial contributions or advantages may also be granted through a private entity if its actions can be attributed to the third country.
Amendment 37 #
2021/0114(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) Such a financial contribution or advantage should confer a benefit to an undertaking engaging in an economic activity in the internal market. A financial contribution or advantage that benefits an entity engaging in non- economic activities does not constitute a foreign subsidy. The existence of a benefit should be determined on the basis of comparative benchmarks, such as the investment practice of private investors, rates for financing obtainable on the market, a comparable tax treatment, or the adequate remuneration for a given good or service. If no directly comparable benchmarks are available, existing benchmarks could be adjusted or alternative benchmarks could be established based on generally accepted assessment methods.
Amendment 47 #
2021/0114(COD)
Proposal for a regulation
Recital 17
Recital 17
(17) Where the Commission examines a foreign subsidy on its own initiative, it should have the power to impose redressive measures on an undertaking to remedy any distortion caused by a foreign subsidy in the internal market. Redressive measures should be proportionate and suitable to remedy the distortion at stake. They should include behavioural or structural remedies or the repayment of the foreign subsidy. This process should be transparent for the public;
Amendment 48 #
2021/0114(COD)
Proposal for a regulation
Recital 18
Recital 18
(18) The undertaking concerned should have the possibility to offer commitments in order to remedy the distortion caused by the foreign subsidy. If the Commission considers that the commitments offered fully and effectively remedy the distortion, it could accept them and make them binding by public decision.
Amendment 52 #
2021/0114(COD)
Proposal for a regulation
Recital 25
Recital 25
(25) The Commission should close the in-depth investigation by adopting a publicly accessible decision.
Amendment 69 #
2021/0114(COD)
Proposal for a regulation
Article 1 – paragraph 2
Article 1 – paragraph 2
(2) This Regulation addresses foreign subsidies grantedconferring an advantage to an undertaking engaging in any economic activity in the internal market. An undertaking acquiring control or merging with an undertaking established in the Union or an undertaking participating in a public procurement procedure is considered to be engaging in an economic activity in the internal market.
Amendment 83 #
2021/0114(COD)
Proposal for a regulation
Article 3 – paragraph 2 a (new)
Article 3 – paragraph 2 a (new)
(2a) The European Commission´s findings of subsidies benefitting third country producers in a given sector made in relevant and recent Trade Defence Instruments (TDIs) investigations, or subsidies documented in reports published by international intergovernmental organizations shall constitute sufficient evidence of distortive subsidies to operators in the countries and sectors concerned having met the relevant threshold.
Amendment 114 #
2021/0114(COD)
Proposal for a regulation
Article 6 – paragraph 6 a (new)
Article 6 – paragraph 6 a (new)
(6a) If an undertaking does not make commitments or take redressive measures, this may lead to exclusion from the market.
Amendment 136 #
2021/0114(COD)
Proposal for a regulation
Article 27 – paragraph 2
Article 27 – paragraph 2
(2) For the purpose of Article 28, a notifiable foreign financial contribution in an EU public procurement procedure shall be deemed to arise where the estimated value of that public procurement is equal or greater than EUR 25100 million.
Amendment 145 #
2021/0114(COD)
Proposal for a regulation
Article 28 – paragraph 2
Article 28 – paragraph 2
(2) The obligation to notify foreign financial contributions under this paragraph shall extend to economic operators, groups of economic operators referred to in Article 26(2) of Directive 2014/23/EU, Article 19(2) of Directive 2014/24/EU and Article 37(2) of Directive 2014/25/EU, main subcontractors and main suppliers. A subcontractor or supplier shall be deemed to be main where their participation ensures key elements of the contract performance and in any case where the economic share of their contribution exceeds 320% of the estimated value of the contract.
Amendment 163 #
2021/0114(COD)
Proposal for a regulation
Article 29 – paragraph 4
Article 29 – paragraph 4
(4) The Commission may adopt a decision closing the in-depth investigation no later than 200 days after it received the notification. In exceptional circumstances, this time limit may be extended for 60 days after consultation with the concerned contracting authority or contracting entity.
Amendment 145 #
2021/0106(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) The notion of AI system shouldmust be clearly defined to ensure legal certainty, while providing the flexibility to accommodate future technological developments. The definition should be based on the key functional characteristics of the software, iAI software, distinguishing it from more traditional software systems and modelling approaches such as logistic regression and other techniques that are similarly transparent and capable of being explained and interpreted. In particular, for the ability, for a given set of human-defined objectives, to generate outputs purposes of this Regulation, AI systems should be understood as having the ability, on the basis of machine and/or human-based data and inputs, to deduce how to achieve a given set of human- defined objectives through learning, reasoning or modelling for a given set of human-defined objectives, to generate specific outputs in the form of content, for generative AI systems (such as contenxt, video or images), and predictions, recommendations, or decisions which influence the environment with which the system interacts, be it inin both a physical orand digital dimension. AI systems can be designed to operate with varying levels of autonomy andFor the purposes of this AI Regulation, AI systems can be designed that must follow an approach with limited explanations and operate with varying levels a very high level of autonomy. These systems may be used on a stand-alonen autonomous basis or as a component of a product, irrespective of whether the system is physically integrated into the product (embedded) or serves the functionality of the product without being integrated therein (non-embedded). The definition of AI system should be accomplementanied by a list of specific techniques and approaches used for its development, which should be kept up-to–date in the light of market and technological developments and developments in the market through the adoption of delegated acts by the Commission to amend that list.
Amendment 152 #
2021/0106(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) In order to ensure a consistent and high level of protection of public interests as regards health, safety and fundamental rights, common normative standards for all high-risk AI systems should be established. Those standards should be consistent with the Charter of fundamental rights of the European Union (the Charter) and should be non-discriminatory and in line with the Union’s international trade commitments. However, with regard to the risk management system for AI systems considered to be high-risk, the EU’s harmonisation legislation should focus on the essential requirements and leave their technical implementation to be governed by voluntary product-specific and cutting- edge standards, developed by the stakeholders. It is therefore desirable for European legislation to focus on the desired outcome of the risk management and evaluation systems, and to expressly leave industry the task of designing its systems and tailoring them to its internal operations and structures, particularly by developing cutting-edge standardisation systems.
Amendment 195 #
2021/0106(COD)
Proposal for a regulation
Recital 29
Recital 29
(29) As regards high-risk AI systems that are safety components of products or systems, or which are themselves products or systems falling within the scope of Regulation (EC) No 300/2008 of the European Parliament and of the Council39 , Regulation (EU) No 167/2013 of the European Parliament and of the Council40, Regulation (EU) No 168/2013 of the European Parliament and of the Council41 , Directive 2014/90/EU of the European Parliament and of the Council42 , Directive (EU) 2016/797 of the European Parliament and of the Council43, Regulation (EU) 2018/858 of the European Parliament and of the Council44, Regulation (EU) 2018/1139 of the European Parliament and of the Council45, and Regulation (EU) 2019/2144 of the European Parliament and of the Council46, it is appropriate to amend those acts to ensure that the Commission takes into account, on the basis of the technical and regulatory specificities of each sector, and without interfering with existing governance, conformity assessment and enforcement mechanisms and authorities established therein, the mandatory requirements for high-risk AI systems laid down in this Regulation when adopting any relevant future delegated or implementing acts on the basis of those acts. In addition, effective standardisation rules are needed to make the requirements of this Regulation operational. The European institutions, and first and foremost the Commission, should, together with enterprises, identify the AI sectors where there is the greatest need for standardisation, to avoid fragmentation of the market and maintain and further strengthen the integration of our European Standardisation System (ESS) within the International Standardisation System (ISO, IEC). _________________ 39 Regulation (EC) No 300/2008 of the European Parliament and of the Council of 11 March 2008 on common rules in the field of civil aviation security and repealing Regulation (EC) No 2320/2002 (OJ L 97, 9.4.2008, p. 72). 40 Regulation (EU) No 167/2013 of the European Parliament and of the Council of 5 February 2013 on the approval and market surveillance of agricultural and forestry vehicles (OJ L 60, 2.3.2013, p. 1). 41 Regulation (EU) No 168/2013 of the European Parliament and of the Council of 15 January 2013 on the approval and market surveillance of two- or three-wheel vehicles and quadricycles (OJ L 60, 2.3.2013, p. 52). 42 Directive 2014/90/EU of the European Parliament and of the Council of 23 July 2014 on marine equipment and repealing Council Directive 96/98/EC (OJ L 257, 28.8.2014, p. 146). 43Directive (EU) 2016/797 of the European Parliament and of the Council of 11 May 2016 on the interoperability of the rail system within the European Union (OJ L 138, 26.5.2016, p. 44). 44 Regulation (EU) 2018/858 of the European Parliament and of the Council of 30 May 2018 on the approval and market surveillance of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles, amending Regulations (EC) No 715/2007 and (EC) No 595/2009 and repealing Directive 2007/46/EC (OJ L 151, 14.6.2018, p. 1). 45 Regulation (EU) 2018/1139 of the European Parliament and of the Council of 4 July 2018 on common rules in the field of civil aviation and establishing a European Union Aviation Safety Agency, and amending Regulations (EC) No 2111/2005, (EC) No 1008/2008, (EU) No 996/2010, (EU) No 376/2014 and Directives 2014/30/EU and 2014/53/EU of the European Parliament and of the Council, and repealing Regulations (EC) No 552/2004 and (EC) No 216/2008 of the European Parliament and of the Council and Council Regulation (EEC) No 3922/91 (OJ L 212, 22.8.2018, p. 1). 46 Regulation (EU) 2019/2144 of the European Parliament and of the Council of 27 November 2019 on type-approval requirements for motor vehicles and their trailers, and systems, components and separate technical units intended for such vehicles, as regards their general safety and the protection of vehicle occupants and vulnerable road users, amending Regulation (EU) 2018/858 of the European Parliament and of the Council and repealing Regulations (EC) No 78/2009, (EC) No 79/2009 and (EC) No 661/2009 of the European Parliament and of the Council and Commission Regulations (EC) No 631/2009, (EU) No 406/2010, (EU) No 672/2010, (EU) No 1003/2010, (EU) No 1005/2010, (EU) No 1008/2010, (EU) No 1009/2010, (EU) No 19/2011, (EU) No 109/2011, (EU) No 458/2011, (EU) No 65/2012, (EU) No 130/2012, (EU) No 347/2012, (EU) No 351/2012, (EU) No 1230/2012 and (EU) 2015/166 (OJ L 325, 16.12.2019, p. 1).
Amendment 196 #
2021/0106(COD)
Proposal for a regulation
Recital 29 a (new)
Recital 29 a (new)
(29a) To demonstrate that the characteristics of a high-risk AI system conform to the requirements set out in Chapter 2 of Title III, it must be possible to conduct internal controls and use harmonised standards based on agreement. It is desirable for the European institutions, and first and foremost the Commission, to do more to promote alignment with existing international standardisation activities and with the certifications issued as part of the EU information security scheme. However, unlike the procedure to assess product conformity, where assessment infrastructure is in place, the relevant competence for auditing autonomous AI systems is still being developed. Moreover, because of the specific technological features of AI, it is possible that the competent authorities may encounter difficulties in verifying the conformity of some AI systems with existing legislation. It is therefore necessary for conformity assessment mechanisms to be developed with flexibility, so that due account may be taken of the infrastructure gaps, and disparities in application may be avoided in the single market.
Amendment 199 #
2021/0106(COD)
Proposal for a regulation
Recital 33
Recital 33
(33) Technical inaccuracies of AI systems intended for the remote biometric identification of natural persons can lead to biased results and entail discriminatory effects. This is particularly relevant when it comes to age, ethnicity, sex or disabilities. Therefore, ‘real-time’ and ‘post’ remote biometric identification systems should be classified as high-risk. In view of the risks that they pose, both types of remote biometric identification systems should be subject to specific requirements on logging capabilities and human oversightsupervision.
Amendment 210 #
2021/0106(COD)
Proposal for a regulation
Recital 43
Recital 43
(43) Requirements should apply to high- risk AI systems as regards the quality of data sets used, technical documentation and record-keeping, transparency and the provision of information to users, human oversightsupervision, and robustness, accuracy and cybersecurity. Those requirements are necessary to effectively mitigate the risks for health, safety and fundamental rights, as applicable in the light of the intended purpose of the system, and no other less trade restrictive measures are reasonably available, thus avoiding unjustified restrictions to trade.
Amendment 217 #
2021/0106(COD)
Proposal for a regulation
Recital 48
Recital 48
(48) Human supervision must remain the basic ethical principle for the development and distribution of high-risk AI, since it guarantees transparency, confidentiality and protection of data and safeguarding against discrimination. However, it is vital to maintain a balance between meaningful human supervision and the efficiency of the system, in order not to compromise the benefits offered by these systems in sectors such as information security analysis, threat analysis and incident response processes. High-risk AI systems should be designed and developed in such a way that natural persons can oversee their functioning. For this purpose, appropriate human oversightsupervision measures should be identified by the provider of the system before its placing on the market or putting into service. In particular, where appropriate, such measures should guarantee that the system is subject to in- built operational constraints that cannot be overridden by the system itself and is responsive to the human operator, and that the natural persons to whom human oversightsupervision has been assigned have the necessary competence, training and authority to carry out that role.
Amendment 239 #
2021/0106(COD)
Proposal for a regulation
Recital 71
Recital 71
(71) Artificial intelligence is a rapidly developing family of technologies that requires novel forms of regulatory oversightsupervision and a safe space for experimentation, while ensuring responsible innovation and integration of appropriate safeguards and risk mitigation measures. To ensure a legal framework that is innovation-friendly, future-proof and resilient to disruption, national competent authorities from one or more Member States should be encouraged to establish artificial intelligence regulatory sandboxes to facilitate the development and testing of innovative AI systems under strict regulatory oversightsupervision before these systems are placed on the market or otherwise put into service.
Amendment 241 #
2021/0106(COD)
Proposal for a regulation
Recital 72
Recital 72
(72) The objectives of the regulatory sandboxes should be to foster AI innovation by establishing a controlled experimentation and testing environment in the development and pre-marketing phase with a view to ensuring compliance of the innovative AI systems with this Regulation and other relevant Union and Member States legislation; to enhance legal certainty for innovators and the competent authorities’ oversightsupervision and understanding of the opportunities, emerging risks and the impacts of AI use, and to accelerate access to markets, including by removing barriers for small and medium enterprises (SMEs) and start-ups. To permit effective participation by these categories in regulatory sandboxes, compliance costs must be kept to an absolute minimum. To ensure uniform implementation across the Union and economies of scale, it is appropriate to establish common rules for the regulatory sandboxes’ implementation and a framework for cooperation between the relevant authorities involved in the supervision of the sandboxes. This Regulation should provide the legal basis for the use of personal data collected for other purposes for developing certain AI systems in the public interest within the AI regulatory sandbox, in line with Article 6(4) of Regulation (EU) 2016/679, and Article 6 of Regulation (EU) 2018/1725, and without prejudice to Article 4(2) of Directive (EU) 2016/680. Participants in the sandbox should ensure appropriate safeguards and cooperate with the competent authorities, including by following their guidance and acting expeditiously and in good faith to mitigate any high-risks to safety and fundamental rights that may arise during the development and experimentation in the sandbox. The conduct of the participants in the sandbox should be taken into account when competent authorities decide whether to impose an administrative fine under Article 83(2) of Regulation 2016/679 and Article 57 of Directive 2016/680.
Amendment 244 #
2021/0106(COD)
Proposal for a regulation
Recital 72
Recital 72
(72) The objectives of the regulatory sandboxes should be to foster AI innovation by establishing a controlled experimentation and testing environment in the development and pre-marketing phase with a view to ensuring compliance of the innovative AI systems with this Regulation and other relevant Union and Member States legislation; to enhance legal certainty for innovators and the competent authorities’ oversightsupervision and understanding of the opportunities, emerging risks and the impacts of AI use, and to accelerate access to markets, including by removing barriers for small and medium enterprises (SMEs) and start-ups. To ensure uniform implementation across the Union and economies of scale, it is appropriate to establish common rules for the regulatory sandboxes’ implementation and a framework for cooperation between the relevant authorities involved in the supervision of the sandboxes. This Regulation should provide the legal basis for the use of personal data collected for other purposes for developing certain AI systems in the public interest within the AI regulatory sandbox, in line with Article 6(4) of Regulation (EU) 2016/679, and Article 6 of Regulation (EU) 2018/1725, and without prejudice to Article 4(2) of Directive (EU) 2016/680. Participants in the sandbox should ensure appropriate safeguards and cooperate with the competent authorities, including by following their guidance and acting expeditiously and in good faith to mitigate any high-risks to safety and fundamental rights that may arise during the development and experimentation in the sandbox. The conduct of the participants in the sandbox should be taken into account when competent authorities decide whether to impose an administrative fine under Article 83(2) of Regulation 2016/679 and Article 57 of Directive 2016/680.
Amendment 245 #
2021/0106(COD)
Proposal for a regulation
Recital 72 a (new)
Recital 72 a (new)
(72a) It is desirable for the establishment of regulatory sandboxes, which is currently left to the discretion of Member States, to be made obligatory, with properly established criteria, to ensure both the effectiveness of the system and easier access for enterprises, particularly SMEs. It is also necessary for research enterprises and institutions to be involved in developing the conditions for the creation of regulatory sandboxes.
Amendment 248 #
2021/0106(COD)
Proposal for a regulation
Recital 74
Recital 74
(74) In order to minimise the risks to implementation resulting from lack of knowledge and expertise in the market as well as to facilitate compliance of providers and notified bodies with their obligations under this Regulation, the AI- on demand platform, the European Digital Innovation Hubs and the Testing and Experimentation Facilities established by the Commission and the Member States at national or EU level and the national cybersecurity agencies should possibly contribute to the implementation of this Regulation. Within their respective mission and fields of competence, they may provide in particular technical and scientific support to providers and notified bodies.
Amendment 254 #
2021/0106(COD)
Proposal for a regulation
Recital 89 a (new)
Recital 89 a (new)
(89a) As things currently stand, the AI sector has a strategic international dimension. In order to achieve the objectives and ambitions set out in this Regulation and strengthen the European approach to AI internationally, it is a matter of urgency that thinking in this area, including as a result of of this legislation, should not remain solely within the European Union. If the EU wishes to be at the forefront of creating democratic and inclusive regulation that respects the rights of individuals, including those outside Europe’s borders, it should seek to be a benchmark in this sphere for non-EU countries too. That would serve to safeguard the competitiveness of the principal actors of the market and spread practices similar to those in this Regulation on a global scale. This Regulation’s effectiveness would be strengthened if the European Union were able to play a key role at international level too.
Amendment 271 #
2021/0106(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 1
Article 3 – paragraph 1 – point 1
(1) ‘artificial intelligence system ’ (AI system) means software that is developed with one or more ofsystem) means a system that (i) receives machine-based and/or human- based data and inputs (ii) adopts an approach with limited explanations that infers how to achieve a given set of human-defined objectives through learning, reasoning or modelling implemented using the techniques and approaches listed in Annex I, and can, for a given set of human-defined objectives, generate outputs such as content(iii) generates outputs with a very high level of autonomy in the form of content (generative AI systems), predictions, recommendations, or decisions influencing the environments ithey interacts with;
Amendment 278 #
2021/0106(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 1 – point a (new)
Article 3 – paragraph 1 – point 1 – point a (new)
(a) ‘AI system used in an advisory capacity’ means an AI system in which the final decision is taken by a human.
Amendment 279 #
2021/0106(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 1 – point b (new)
Article 3 – paragraph 1 – point 1 – point b (new)
(b) ‘AI system with decision-making capacity’ means an AI system with the capacity to model decisions in a repeatable manner, without human supervision.
Amendment 309 #
2021/0106(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 44 a (new)
Article 3 – paragraph 1 – point 44 a (new)
Amendment 353 #
2021/0106(COD)
Proposal for a regulation
Article 6 – paragraph 2
Article 6 – paragraph 2
2. In addition to the high-risk AI systems referred to in paragraph 1, AI systems referred to in Annex III shall also be considered high-risk. In the event of uncertainty regarding the classification of the AI system, the supplier must deem the AI system to be high-risk if its use or application poses a risk of physical or non-physical harm to health and safety or a risk of an adverse impact to the fundamental rights of natural persons, groups of individuals or society as a whole, as set out in Article 7(2).
Amendment 370 #
2021/0106(COD)
Proposal for a regulation
Article 7 – paragraph 2 – point e
Article 7 – paragraph 2 – point e
(e) the extent to which potentially harmed or adversely impacted persons are dependent on the outcome produced with an AI system, with no distinctions between AI systems with an advisory or decision- making purpose, in particular because for practical or legal reasons it is not reasonably possible to opt-out from that outcome;
Amendment 403 #
2021/0106(COD)
Proposal for a regulation
Article 10 – paragraph 2 – introductory part
Article 10 – paragraph 2 – introductory part
2. The training, validation and testing of data sets and the AI applications based on them shall be subject to appropriate data governance and management practices. Those practices shall concern in particular,
Amendment 412 #
2021/0106(COD)
Proposal for a regulation
Article 10 – paragraph 2 – point f
Article 10 – paragraph 2 – point f
(f) examination in view of possible biases that are likely to affect health and safety of persons, lead to discrimination prohibited by Union law or have some other impact on fundamental rights;
Amendment 422 #
2021/0106(COD)
Proposal for a regulation
Article 10 – paragraph 3
Article 10 – paragraph 3
3. Training, validation and testing data sets shall be relevant, representative, free of errors and compl and complete, taking into account the degree of variability within data setes. They shall have the appropriate statistical properties, including, where applicable, as regards the persons or groups of persons on which the high-risk AI system is intended to be used. These characteristics of the data sets may be met at the level of individual data sets or a combination thereof.
Amendment 427 #
2021/0106(COD)
Proposal for a regulation
Article 10 – paragraph 5
Article 10 – paragraph 5
5. To the extent that it is strictly necessary for the purposes of ensuring bias monitoring, detection and correction in relation to the high-risk AI systems, the providers of such systems may also process special categories of personal data referred to in Article 9(1) of Regulation (EU) 2016/679, Article 10 of Directive (EU) 2016/680 and Article 10(1) of Regulation (EU) 2018/1725, ensuring compliance with the highest security and privacy protection standards for data management. Such processing shall also be subject to appropriate safeguards for the fundamental rights and freedoms of natural persons, including technical limitations on the re-use and use of state-of-the-art security and privacy- preserving measures, such as pseudonymisation, or encryption where anonymisation may significantly affect the purpose pursued.
Amendment 432 #
2021/0106(COD)
Proposal for a regulation
Article 12 – paragraph 4 – subparagraph 1 (new)
Article 12 – paragraph 4 – subparagraph 1 (new)
The retention period must not exceed 10 years at most, unless specific regulations establish otherwise.
Amendment 436 #
2021/0106(COD)
Proposal for a regulation
Article 13 – paragraph 3 – point d
Article 13 – paragraph 3 – point d
(d) the human oversightsupervision measures referred to in Article 14, including the technical measures put in place to facilitate the interpretation of the outputs of AI systems by the users;
Amendment 437 #
Amendment 438 #
2021/0106(COD)
Proposal for a regulation
Article 14 – paragraph 1
Article 14 – paragraph 1
1. High-risk AI systems shall be designed and developed in such a way, including with appropriate human-machine interface tools, that they can be effectively overseen by natural persons during the period in which the AI system is in use. Human supervision should be proportionate to the task carried out by the system and should not compromise its efficiency or effectiveness.
Amendment 443 #
2021/0106(COD)
Proposal for a regulation
Article 14 – paragraph 2
Article 14 – paragraph 2
2. Human oversightsupervision shall aim at prevenotecting or minimising the risks to health, safety or fundamental rightsafety and fundamental human rights, preventing or minimising the risks that may emerge when a high-risk AI system is used in accordance with its intended purpose or under conditions of reasonably foreseeable misuse, in particular when such risks persist notwithstanding the application of other requirements set out in this Chapter.
Amendment 444 #
2021/0106(COD)
Proposal for a regulation
Article 14 – paragraph 3 – introductory part
Article 14 – paragraph 3 – introductory part
3. Human oversightsupervision shall be ensured through either one or all of the following measures:
Amendment 446 #
2021/0106(COD)
Proposal for a regulation
Article 14 – paragraph 4 – introductory part
Article 14 – paragraph 4 – introductory part
4. The measures referred to in paragraph 3 shall enable the individuals to whom human oversightsupervision is assigned to do the following, as appropriate to the circumstances:
Amendment 454 #
2021/0106(COD)
Proposal for a regulation
Article 15 – paragraph 1
Article 15 – paragraph 1
Amendment 495 #
2021/0106(COD)
Proposal for a regulation
Article 29 – paragraph 2
Article 29 – paragraph 2
2. The obligations in paragraph 1 are without prejudice to other user obligations under Union or national law and to the user’s discretion in organising its own resources and activities for the purpose of implementing the human oversightsupervision measures indicated by the provider.
Amendment 523 #
2021/0106(COD)
Proposal for a regulation
Recital 27
Recital 27
(27) High-risk AI systems should only be placed on the Union market or put into service if they comply with certain mandatory requirements. Those requirements should ensure that high-risk AI systems available in the Union or whose output is otherwise used in the Union do not pose unacceptable risks to important Union public interests as recognised and protected by Union law. AI systems identified as high-risk should be limited to those that have a significant harmful impact on the health, safety and fundamental rights of persons in the Union and such limitation minimises any potential restriction to international trade, if any. In particular, the classification as high-risk according to Article 6 should not apply to AI systems whose intended purpose demonstrates that the generated output is a recommendation and a human intervention is required to convert this recommendation into an action.
Amendment 568 #
2021/0106(COD)
Proposal for a regulation
Recital 37
Recital 37
(37) Another area in which the use of AI systems deserves special consideration is the access to and enjoyment of certain essential private and public services and benefits necessary for people to fully participate in society or to improve one’s standard of living. In particular, AI systems that automatically generate models used to evaluate the credit score or creditworthiness of natural persons should be classified as high-risk AI systems, since they determine those persons’ access to financial resources or essential services such as housing, electricity, and telecommunication services. AI systems used for this purposeIn contrast, ancillary applications to those systems determining whether an individual should be granted access to credit, such as AI applications used for the acceleration of the credit disbursement process, in the valuation of collateral, or for the internal process efficiency, as well as other subsequent applications based on the credit scoring which do not create high risks for individuals should be exempt from the scope. AI systems used to evaluate the credit score or creditworthiness may lead to discrimination of persons or groups and perpetuate historical patterns of discrimination, for example based on racial or ethnic origins, disabilities, age, sexual orientation, or create new forms of discriminatory impacts. Considering the very limited scale of the impact and the available alternatives on the market, it is appropriate to exempt AI systems for the purpose of creditworthiness assessment and credit scoring when put into service by small-scale providers for their own use. Natural persons applying for or receiving public assistance benefits and services from public authorities are typically dependent on those benefits and services and in a vulnerable position in relation to the responsible authorities. If AI systems are used for determining whether such benefits and services should be denied, reduced, revoked or reclaimed by authorities, they may have a significant impact on persons’ livelihood and may infringe their fundamental rights, such as the right to social protection, non- discrimination, human dignity or an effective remedy. Those systems should therefore be classified as high-risk. NonethelessInfact, this Regulation should not hamper the development and use of innovative approaches in the public administration, which would stand to benefit from a wider use of compliant and safe AI systems, provided that those systems do not entail a high risk to legal and natural persons. Finally, AI systems used to dispatch or establish priority in the dispatching of emergency first response services should also be classified as high- risk since they make decisions in very critical situations for the life and health of persons and their property.
Amendment 598 #
2021/0106(COD)
Proposal for a regulation
Article 57 – paragraph 4
Article 57 – paragraph 4
4. The Board mayshall invite external experts and observers, including providers with appropriate skills and proven experience in supporting Member State authorities in the preparation and management of experimentation and test facilities, to attend its meetings and may hold exchanges with interested third parties to inform its activities to an appropriate extent. To that end the Commission may facilitate exchanges between the Board and other Union bodies, offices, agencies and advisory groups.
Amendment 615 #
2021/0106(COD)
Proposal for a regulation
Article 61 – paragraph 2 a (new)
Article 61 – paragraph 2 a (new)
2a. Since the sensitive nature of some high-risk AI systems, especially systems used by public authorities, agencies and institutions to prevent, investigate, detect or prosecute crimes, could result in significant restrictions on the collection and sharing of data between the end user and the provider, end users must involve the provider in the definition of aspects such as the nature of data made available for post-marketing monitoring and the degree of anonymisation of data. This should take place as early as the system design stage, in order to allow the provider to perform activities under the Regulation with a complete data set that has already been validated by the final user before the activity, and with a level of security that is proportionate to the task carried out by the system. The end user must remain responsible for the disclosure of data contained in such groups of data.
Amendment 631 #
2021/0106(COD)
Proposal for a regulation
Annex I – point b
Annex I – point b
Amendment 633 #
2021/0106(COD)
Proposal for a regulation
Annex I – point c
Annex I – point c
Amendment 634 #
2021/0106(COD)
Proposal for a regulation
Annex I – point c a (new)
Annex I – point c a (new)
(ca) Approaches based on the assessment of behavioural and psychological characteristics of individuals, including activities, interests, opinions, attitudes, values and lifestyles, recognised through automatic means;
Amendment 635 #
2021/0106(COD)
Proposal for a regulation
Annex III – paragraph 1 – introductory part
Annex III – paragraph 1 – introductory part
High-risk AI systems pursuant to Article 6(2) are the AI systems listed in any of the following areas, whose use or application poses a risk of harm to health and safety or a negative impact on the fundamental rights of natural persons, groups or society in general.
Amendment 643 #
2021/0106(COD)
Proposal for a regulation
Annex III – paragraph 1 – point 5 – point b
Annex III – paragraph 1 – point 5 – point b
(b) Following the adoption of common specifications under Article 41 of this Regulation, AI systems intended to be used to evaluate the creditworthiness rating of natural persons or establish their credit score, with the exception of AI systems put into service by small scale providers for their own use when granting access to credit or other essential services, with the exception of AI systems put into service by providers on a small scale for their own use and AI systems based on autonomous use under human supervision of linear regression, logistic regression, decision trees and other equally transparent, explicable and interpretable techniques;
Amendment 652 #
2021/0106(COD)
Proposal for a regulation
Annex III – paragraph 1 – point 8 a (new)
Annex III – paragraph 1 – point 8 a (new)
8a. Identification and categorisation of behaviour and cognitive bias of natural persons.
Amendment 653 #
2021/0106(COD)
Proposal for a regulation
Annex IV – paragraph 1 – point 2 – point b
Annex IV – paragraph 1 – point 2 – point b
(b) in so far as this is without prejudice to professional secrecy, and only when the request is proportionate to the scale of the interest being preserved, the design specifications of the system, namely the general logic of the AI system and of the algorithms; the key design choices including the rationale and assumptions made, also with regard to persons or groups of persons on which the system is intended to be used; the main classification choices; what the system is designed to optimise for and the relevance of the different parameters; the decisions about any possible trade-off made regarding the technical solutions adopted to comply with the requirements set out in Title III, Chapter 2;
Amendment 655 #
2021/0106(COD)
Proposal for a regulation
Annex IV – paragraph 1 – point 2 – point e
Annex IV – paragraph 1 – point 2 – point e
(e) assessment of the human oversightsupervision measures needed in accordance with Article 14, including an assessment of the technical measures needed to facilitate the interpretation of the outputs of AI systems by the users, in accordance with Articles 13(3)(d);
Amendment 657 #
2021/0106(COD)
Proposal for a regulation
Annex IV – paragraph 1 – point 3
Annex IV – paragraph 1 – point 3
3. Detailed information about the monitoring, functioning and control of the AI system, in particular with regard to: its capabilities and limitations in performance, including the degrees of accuracy for specific persons or groups of persons on which the system is intended to be used and the overall expected level of accuracy in relation to its intended purpose; the foreseeable unintended outcomes and sources of risks to health and safety, fundamental rights and discrimination in view of the intended purpose of the AI system; the human oversightsupervision measures needed in accordance with Article 14, including the technical measures put in place to facilitate the interpretation of the outputs of AI systems by the users; specifications on input data, as appropriate;
Amendment 660 #
2021/0106(COD)
(54) TIn case there are no risk management systems already in place, the provider should establish a sound quality management system, ensure the accomplishment of the required conformity assessment procedure, draw up the relevant documentation and establish a robust post- market monitoring system. Public authorities which put into service high-risk AI systems for their own use may adopt and implement the rules for the quality management system as part of the quality management system adopted at a national or regional level, as appropriate, taking into account the specificities of the sector and the competences and organisation of the public authority in question.
Amendment 752 #
2021/0106(COD)
Proposal for a regulation
Recital 80
Recital 80
(80) Union legislation on financial services includes internal governance and risk management rules and requirements which are applicable to regulated financial institutions in the course of provision of those services, including when they make use of AI systems. In order to ensure coherent application and enforcement of the obligations under this Regulation and relevant rules and requirements of the Union financial services legislation, the authorities responsible for the supervision and enforcement of the financial services legislation, including where applicable the European Central Bank, should be designated as competent authorities for the purpose of supervising the implementation of this Regulation, including for market surveillance activities, as regards AI systems provided or used by regulated and supervised financial institutions. To further enhance the consistency between this Regulation and the rules applicable to credit institutions regulated under Directive 2013/36/EU of the European Parliament and of the Council56 , it is also appropriate to integrate the conformity assessment procedure and some of the providers’ procedural obligations in relation to risk management, post marketing monitoring and documentation into the existing obligations and procedures under Directive 2013/36/EU. In order to avoid overlaps, limited derogations should also be envisaged in relation to the quality management system of providers and the monitoring obligation placed on users of high-risk AI systems to the extent that these apply to credit institutions regulated by Directive 2013/36/EU. With regard to use case 5(b) in Annex III, areas covered by this Regulation relate to those outlined in Article 1(a). All other procedures relating to creditworthiness assessment are covered by the Directive of the European Parliament and of the Council on consumer credits . _________________ 56 Directive 2013/36/EU of the European Parliament and of the Council of 26 June 2013 on access to the activity of credit institutions and the prudential supervision of credit institutions and investment firms, amending Directive 2002/87/EC and repealing Directives 2006/48/EC and 2006/49/EC (OJ L 176, 27.6.2013, p. 338).
Amendment 913 #
2021/0106(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 1
Article 3 – paragraph 1 – point 1
(1) ‘artificial intelligence system’ (AI system) means software that is developed witha system based on machine or human-based data and input that infers how to achieve a given set of human-defined objectives using one or more of the techniques and approaches listed in Annex I and can, for a given set of human-defined objectives, generates outputs such as content, predictions, recommendations, or decisions influencing the environments they interact with;
Amendment 1267 #
2021/0106(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point d – point ii
Article 5 – paragraph 1 – point d – point ii
(ii) the prevention of a specific, substantial and imminent threat to the life or physical safety of natural persons or of a terrorist attack;
Amendment 1419 #
2021/0106(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point a
Article 6 – paragraph 1 – point a
(a) the AI system has a self-evolving behaviour, the failure of which results in an immediate hazardous condition in a specific domain, and is intended to be used as a safety component of a product, or is itself a product, covered by the Union harmonisation legislation listed in Annex II;
Amendment 1493 #
2021/0106(COD)
Proposal for a regulation
Article 7 – paragraph 2 – point a
Article 7 – paragraph 2 – point a
(a) the intended purpose of the AI systema description of the AI system, including the intended purpose, the concrete use and context, complexity and autonomy of the AI system, the potential persons impacted, the extent to which the AI system has been used or is likely to be used, the extent to which any outcomes produced are subject to human review or intervention;
Amendment 1498 #
2021/0106(COD)
Proposal for a regulation
Article 7 – paragraph 2 – point b
Article 7 – paragraph 2 – point b
(b) an assessment of the expotent to which anial benefits provided by the use of the AI system, has been used or is likely to be usedwell as reticence risk and/or opportunity costs of not using the AI for individuals, groups of individuals, or society at large. This includes weighing the benefits of deploying the AI system against keeping the status quo;
Amendment 1505 #
2021/0106(COD)
Proposal for a regulation
Article 7 – paragraph 2 – point c
Article 7 – paragraph 2 – point c
(c) the extent to which the use of an AI system has already causedan assessment of the probability of worst-case scenario, likelihood and severity of harm, to the health and safety or adverse impact on the fundamental rights or has given rise to significant concerns in relation to the materialisation of such harm or adverse impact, as demonstrated by reports or documented allegations submitted to national competent authorities; fundamental rights of potentially impacted persons and its irreversibility, including: (i) the extent to which the AI system has already been evaluated and proven to have caused material harm as demonstrated by studies or reports published by the national competent authorities; (ii) the extent to which potentially impacted persons are dependent on the outcome produced from the AI system, in particular because of practical or legal reasons it is not reasonably possible to opt-out from that outcome; (iii) the extent to which the outcome produced by the AI system is easily reversible; (iv) the extent to which potentially impacted persons are in a vulnerable position in relation to the user of the AI system, in particular due to an imbalance of power, knowledge, economic or social circumstances, or age.
Amendment 1512 #
2021/0106(COD)
Proposal for a regulation
Article 7 – paragraph 2 – point d
Article 7 – paragraph 2 – point d
(d) the potential extent of such harm or such adverse impact, in particular in terms of its intensity and its ability to affect a plurality of persons;measures taken to address or mitigate the identified risks, including to the extent existing Union legislation provides for: (i) effective measures of redress in relation to the risks posed by an AI system, with the exclusion of claims for damages; (ii) effective measures to prevent or substantially minimise those risks.
Amendment 1515 #
2021/0106(COD)
Proposal for a regulation
Article 7 – paragraph 2 – point e
Article 7 – paragraph 2 – point e
Amendment 1522 #
2021/0106(COD)
Proposal for a regulation
Article 7 – paragraph 2 – point f
Article 7 – paragraph 2 – point f
Amendment 1524 #
2021/0106(COD)
Proposal for a regulation
Article 7 – paragraph 2 – point g
Article 7 – paragraph 2 – point g
Amendment 1537 #
2021/0106(COD)
Proposal for a regulation
Article 7 – paragraph 2 – point h
Article 7 – paragraph 2 – point h
Amendment 1554 #
2021/0106(COD)
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. High-risk AI systems shall comply with the requirements established in this Chapter, taking into account the generally acknowledged state of the art and industry standards, including as reflected in relevant harmonised standards or common specifications.
Amendment 1622 #
2021/0106(COD)
Proposal for a regulation
Article 9 – paragraph 4 – subparagraph 1 – point a
Article 9 – paragraph 4 – subparagraph 1 – point a
(a) elimination or reduction of risks as far as possireduction of identified and evaluated risks as far as commercially reasonable and technologically feasable through adequate design and development;
Amendment 1623 #
2021/0106(COD)
Proposal for a regulation
Article 9 – paragraph 4 – subparagraph 1 – point b
Article 9 – paragraph 4 – subparagraph 1 – point b
Amendment 1643 #
2021/0106(COD)
Proposal for a regulation
Article 9 – paragraph 5
Article 9 – paragraph 5
5. High-risk AI systems shall be tesevaluated for the purposes of identifying the most appropriate and targeted risk management measures. Testing shall ensure that high-risk AI systems perform consistently for their intended purpose and they are in compliance with the requirements set out in this Chap and weighing any such measures against the potential benefits and intended goals of the systerm.
Amendment 1717 #
2021/0106(COD)
Proposal for a regulation
Article 10 – paragraph 3
Article 10 – paragraph 3
3. THigh risk AI systems should be designed and developed with the best efforts to ensure that, where appropriate, training, validation and testing data sets shall beare sufficiently relevant, representative, free of errors and complete and appropriately vetted for errors. They shall have the appropriate statistical properties, including, where applicable, as regards the persons or groups of persons on which the high-risk AI system is intended to be used. These characteristics of the data sets may be met at the level of individual data sets or a combination thereof.
Amendment 1744 #
2021/0106(COD)
Proposal for a regulation
Article 10 – paragraph 6 a (new)
Article 10 – paragraph 6 a (new)
6 a. The training, testing and validation processes of data sets should have a duration based on the training periodicity of the systems, the timing of notification of incidents and the normal supervisory activity of the national competent authority
Amendment 1751 #
2021/0106(COD)
Proposal for a regulation
Article 11 – paragraph 1 – subparagraph 1
Article 11 – paragraph 1 – subparagraph 1
The technical documentation shall bevary according to each use of the AI system and drawn up in such a way to demonstrate that the high-risk AI system complies with the requirements set out in this Chapter and provide national competent authorities and notified bodies with all the necessary information to assess the compliance of the AI system with those requirements. It shall contain, at a minimum, the elements set out in Annex IV or in the case of SMEs and start-ups, any equivalent documentation meeting the same objectives, subject to approval of the competent national authority.
Amendment 1780 #
2021/0106(COD)
Proposal for a regulation
Article 12 – paragraph 4
Article 12 – paragraph 4
Amendment 1820 #
2021/0106(COD)
Proposal for a regulation
Article 14 – paragraph 3 – introductory part
Article 14 – paragraph 3 – introductory part
3. Human oversightThe degree of human oversight shall be adapted to the specific risks, the level of automation, and context of the AI system and shall be ensured through either one or all of the following measures:
Amendment 1911 #
2021/0106(COD)
Proposal for a regulation
Article 17 – paragraph 1 – introductory part
Article 17 – paragraph 1 – introductory part
1. ProvidIn case there are no risk management systems already in place, providers and users of high-risk AI systems shall puimplement a quality management system in place thato ensures compliance with this Regulation and corresponding obligations. That system shall be documented in a systematic and orderly manner in the form of written policies, procedures and instructions, and shall include at least the following aspects:
Amendment 1926 #
2021/0106(COD)
Proposal for a regulation
Article 17 – paragraph 1 – point f
Article 17 – paragraph 1 – point f
(f) systems and procedures for data management, including data collection, data analysis, data labelling, data storage, data filtration, data mining, data aggregation, data retention and any other operation regarding the data that is performed before and for the purposes of the placing on the market or putting into service of high-risk AI systems, and after deployment of the high-risk AI;
Amendment 1941 #
2021/0106(COD)
Proposal for a regulation
Article 17 – paragraph 2
Article 17 – paragraph 2
2. The implementation of aspects referred to in paragraph 1 shall be proportionate to the size of the provider’s and user's organisation.
Amendment 2135 #
2021/0106(COD)
Proposal for a regulation
Article 41 – paragraph 1
Article 41 – paragraph 1
1. Where harmonised standards referred to in Article 40 and international standards do not exist or where the Commission considers that the relevant harmonised standards are insufficient or that there is a need to address specific safety or fundamental right concerns, the Commission may, by means of implementing acts, adopt common specifications in respect of the requirements set out in Chapter 2 of this Title. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 74(2).
Amendment 2142 #
2021/0106(COD)
Proposal for a regulation
Article 41 – paragraph 2
Article 41 – paragraph 2
2. The Commission, when preparing the common specifications referred to in paragraph 1, shall gather the views of relevant bodies, stakeholders or expert groups established under relevant sectorial Union law.
Amendment 2174 #
2021/0106(COD)
Proposal for a regulation
Article 43 – paragraph 1 – subparagraph 1
Article 43 – paragraph 1 – subparagraph 1
Where, in demonstrating the compliance of a high-risk AI system with the requirements set out in Chapter 2 of this Title, the provider has not applied or has applied only in part harmonised standards referred to in Article 40, or where such harmonised standards do not exist and common specifications referred to in Article 41 are not available, the provider shall follow the conformity assessment procedure set out in Annex VII. Should the provider already have established internal organisation and structures for existing conformity assessments or requirements under other existing rules, the provider may utilise those, or parts of those, existing compliance structures, so long as they also have the capacity and competence needed to fulfil the requirements for the product set out in this Regulation.
Amendment 222 #
2021/0048(NLE)
Recital 18
(18) In line with the ambitions set out in the Horizon Europe Regulation, one of the preconditions of setting up institutionalised partnerships is ensuring partner’s contributions throughout the lifetime of the initiatives. In this context, private partners should deliver a significant part of their contributions in the form of in-kind contributions to operational costs of the joint undertaking. Joint undertakings should be able to seek measures to facilitate these contributions through their work programmes, notably by reducing funding rates. These measures should be based on the specific needs of a joint undertaking and the underlying activities. In justified cases, it should be possible to introduce additional conditions that require the participation of a member of the joint undertaking or their constituent or affiliated entities, targeting activities where the industrial partners of the joint undertaking can play a key role, such as large-scale demonstrations and flagship projects, and contribute more via lower funding rates. The level of participation of members should be monitored by the executive director in order to empower the governing board to take appropriate actions, ensuring a balance between commitment from partners and openness. In duly justified cases, the capital expenditure for, e.g., large scale demonstrators or flagship projects, may be considered as an eligible cost in line with the applicable legal framework.
Amendment 233 #
2021/0048(NLE)
Recital 22
(22) It is appropriate that the members other than the Union commit to the implementation of this Regulation by means of a letter of commitment indicating the total amount of the private contribution conditional on the funding received for the partnership in question. Those letters of commitment should be legally valid throughout the lifetime of the initiative and closely monitored by the joint undertaking and the Commission. Joint undertakings should create a legal and organisational environment that enables members to deliver on their commitments while ensuring continuous openness of the initiative and transparency during their implementation, notably for priority setting and for participation in calls for proposals.
Amendment 275 #
2021/0048(NLE)
Recital 44
(44) The Clean Aviation Joint Undertaking should build on a diverse membership base, bringing together a broad spectrum of stakeholders and ideas, from all member states and countries associated to Horizon Europe. In view of identifying the most promising approaches and entities capable of pursuing them, the Commission launched a call for expression of ideas and potential members19 . The Governing Board should be allowed to select associated members based on the results of that call in order to provide for a swift expansion of the group of members. _________________ 19https://ec.europa.eu/info/news/new-call- ideas-clean-aviation-partnerships-2020- aug-26_en
Amendment 348 #
2021/0048(NLE)
Article 2 – paragraph 1 – point 10
10. ‘in-kind contributions to additional activities' means contributions by the private members, their constituent entities or the affiliated entities of either, consisting of the costs incurred by them in implementing additional activities less any contribution to those costs from the Union and from the participating states of that joint undertaking; or costs incurred by the private members, their constituent entities, the affiliated entities of either, for indirect actions of the Joint Undertaking that are not funded.
Amendment 433 #
2021/0048(NLE)
Article 7 – paragraph 1
1. Joint undertakings may launch an open call for expression of interest in view of selecting associated members. The call for expression of interest shall set out the key capacities needed and in-kind contribution expectations in order to achieve the objectives of the joint undertaking. All calls shall be published on the joint undertaking’s website and communicated through all appropriate channels, including, where applicable, the states’ representatives group, in order to ensure the widest possible participation in the interest of achieving the objectives of the joint undertaking.
Amendment 436 #
2021/0048(NLE)
Article 7 – paragraph 2 a (new)
2 a. By way of derogation from the provisions in Article 7(2) the applications for membership from any legal entity established in a country associated to the Horizon Europe Programme shall not lead, by any circumstance, to additional burden on, or contribution by the founding and associate members the Europe's Rail Joint Undertaking.
Amendment 441 #
2021/0048(NLE)
Article 7 – paragraph 4
4. A letter of commitment shall be signed between the selected associated members and the executive director, acting as representative of the joint undertaking, which shall detail the scope and intention of the membership in terms of content, activities and duration, of the associated members’ contributionand their expected partners' contribution, both financial and in-kind, to the joint undertaking, including an indication of the envisaged additional activities referred to in point (b) of Article 11(1), as well as provisions relating to the associated member’s representation and voting rights within the governing board.
Amendment 452 #
2021/0048(NLE)
Article 10 – paragraph 1
1. The Union financial contribution to the joint undertakings, including EFTA appropriations, shall cover administrative and operational costs up to the maximum amounts specified in Part Two. The Union contribution specified in Part Two mayshall be increased with contributions from third countries if the latter are available.
Amendment 455 #
2021/0048(NLE)
Article 11 – title
11 Contributions from members other than the Union and contributing partners and all future participants.
Amendment 465 #
2021/0048(NLE)
Article 11 – paragraph 6 – introductory part
6. The contributions from contributing partners, future members, associate members and participants shall correspond to the amounts they have committed in the letter of endorsement when becoming a contributing partner and shall consist of:
Amendment 467 #
2021/0048(NLE)
Article 11 – paragraph 6 – point b
(b) in-kind contributions to operational activitiesnd additional activities, if applicable.
Amendment 503 #
2021/0048(NLE)
Article 16 – paragraph 2 – point j
(j) adopt the Strategic Research and Innovation Agenda at the beginning of the initiative and amend it throughout the duration of Horizon Europe, where necessary. The Strategic Research and Innovation Agenda shall identify the partnership’s targeted impact, foreseen portfolio of activities, measurable expected outcomes, resources, deliverables, and milestones within a defined timeframe. It shall also identify the other European partnerships with which the joint undertaking shall establish a formal and regular collaboration and the possibilities for synergies between the joint undertaking’s actions and national or regional initiatives and policies based on information received by the participating states or the states’ representatives group as well as synergies with other Union programmes along the guidelines to be further provided by the Commission;
Amendment 609 #
2021/0048(NLE)
Article 34 – paragraph 1
1. TOn a need to know basis, the joint undertaking shall provide the Union institutions and Union bodies, offices or agencies access to all appropriate information related to the indirect actions it funds. Such information shall include results of beneficiaries participating in indirect actions of the joint undertaking or any other information deemed necessary for developing, implementing, monitoring and evaluating Union policies or programmes. Such access rights are limited to non-commercial and non-competitive use and shall comply with applicable confidentiality rules.
Amendment 707 #
2021/0048(NLE)
Article 64 – paragraph 2 – introductory part
2. The Governing Board shall assess and decide in relation to the implementation of the programme and to the delivery on the Clean Aviation Joint Undertaking objectives, including on:
Amendment 827 #
2021/0048(NLE)
Article 85 a (new)
Article 85 a By way of derogation from the provision in Article 7(2) the assessment of applications for membership from any legal entity established in a country associated to the Horizon Europe Programme shall be subject to the proportionate increase of the Union contribution from the Horizon Europe Programme to the Europe's Rail Joint Undertaking by contributions from the corresponding country associated to Horizon Europe.
Amendment 938 #
2021/0048(NLE)
Article 128 – paragraph 1
1. Over the period set out in Article 3, the participating states of the Key Digital Technologies Joint Undertaking shall make a total contribution of at least equalthat is commensurate to the amount of the Union contribution to operational costs referred to in Article 127.
Amendment 940 #
2021/0048(NLE)
Article 128 – paragraph 2
2. Over the period set out in Article 3, the private members of the Key Digital Technologies Joint Undertaking shall make or arrange for their constituent or affiliated entities to make contributions of at least EUR 2 511 164 000 to the Key Digital Technologies Joint Undertaking equal to at least 70% of the sum of the contributions of the Union, referred to in Article 127, and of the participating states, referred to in paragraph 1.
Amendment 941 #
2021/0048(NLE)
Article 128 – paragraph 3
3. In line with Article 26(4), the private members shall make or arrange for their constituent and affiliated entities to make a financial contribution ofcontribution laid down in paragraph 2 shall include an amount up to EUR 22 090 000 for administrative costs of the Key Digital Technologies Joint Undertaking.
Amendment 944 #
2021/0048(NLE)
Article 128 – paragraph 4
4. The contributions referred to in paragraph 1 shall consist of contributions laid down in Article 11(4). The contributions referred to in paragraph 2 shall consist of contributions laid down in Article 11(1), including at least EUR 2 489 074 000, with the exclusion of the contributions referred to in paragraph 3, shall consist of contributions laid down in point (a) of Article 11(1). The contributions referred to in paragraph 3 shall consist of contributions as laid down in point (c) of Article 11(1).
Amendment 35 #
2021/0045(COD)
Proposal for a regulation
Recital (14)
Recital (14)
(14) In order to allow for the development of a more efficient, integrated and competitive market for roaming services, there should be no restrictions preventing undertakings from effectively negotiating wholesale access for the purpose of providing roaming services. Obstacles to access to such wholesale roaming services, due to differences in negotiating power and in the degree of infrastructure ownership of undertakings, should be removed. To that end, wholesale roaming access agreements should respect the principle of technology neutrality and ensure all operators an equal and fair opportunity to accessing all networks and technologies available and be negotiated in good faith allowing the roaming provider to offer where possible retail roaming services equivalent to the services offered domestically. Mobile virtual network operators (MVNOs) and resellers of mobile communication services without their own network infrastructure typically provide roaming services based on commercial wholesale roaming agreements with their host mobile network operators in the same Member State. Commercial negotiations, however, may not leave enough margin to MVNOs and resellers for stimulating competition through lower prices. The removal of those obstacles and balancing the negotiation power between MVNOs/resellers and mobile network operators by an access obligation and wholesale caps should facilitate the development of alternative, innovative and Union-wide roaming services and offers for customers. Directive (EU) 2018/1972 does not provide for a solution to this problem via the imposition of obligations on operators with significant market powers.
Amendment 37 #
2021/0045(COD)
Proposal for a regulation
Recital 15
Recital 15
(15) Therefore an obligation to meet reasonable requests for wholesale access to public mobile communications networks for the purpose of providing roaming services should be laid down . Such access should be in line with the needs of those seeking access. End-users of services requiring modern technologies and retail roaming services should be able to enjoy, where possible, the same quality of service when roaming as domestically. A wholesale roaming access obligation should therefore ensure that access seekers can replicate the retail services offered domestically, unless mobile network operators requested to provide access can prove that it is technically unfeasible to do so. Access should be refused only on the basis of objective criteria, such as technical feasibility and the need to maintain network integrity. Where access is refused, the aggrieved party should be able to submit the case for dispute resolution in accordance with the procedure set out in this Regulation. In order to ensure a level playing field, wholesale access for the purpose of providing roaming services should be granted in accordance with the regulatory obligations laid down in this Regulation applicable at the wholesale level and should take into account the different cost elements necessary for the provision of such access. A consistent regulatory approach to the wholesale access for the provision of roaming services should contribute to avoiding distortions between Member States. BEREC should, in coordination with the Commission and in collaboration with the relevant stakeholders, issue guidelines for wholesale access for the purpose of providing roaming services.
Amendment 43 #
2021/0045(COD)
Proposal for a regulation
Recital 15
Recital 15
(15) Therefore an obligation to meet reasonable requests for wholesale access to public mobile communications networks for the purpose of providing roaming services should be laid down . Such access should be in line with the needs of those seeking access. End-users of services requiring modern technologies and retail roaming services should be able to enjoy the same quality of service when roaming as domestically, if the same generation of mobile communication networks, conditions, and technologies are available on the visited network. A wholesale roaming access obligation should therefore ensure that access seekers can replicate the retail services offered domestically, unless mobile network operators requested to provide access can prove that it is technically unfeasible to do so. Access should be refused only on the basis of objective criteria, such as technical feasibility and the need to maintain network integrity. Where access is refused, the aggrieved party should be able to submit the case for dispute resolution in accordance with the procedure set out in this Regulation. In order to ensure a level playing field, wholesale access for the purpose of providing roaming services should be granted in accordance with the regulatory obligations laid down in this Regulation applicable at the wholesale level and should take into account the different cost elements necessary for the provision of such access. A consistent regulatory approach to the wholesale access for the provision of roaming services should contribute to avoiding distortions between Member States. BEREC should, in coordination with the Commission and in collaboration with the relevant stakeholders, issue guidelines for wholesale access for the purpose of providing roaming services.
Amendment 46 #
2021/0045(COD)
Proposal for a regulation
Recital (29)
Recital (29)
(29) Roaming providers should be able to apply a ‘fair use policy’ to the consumption of regulated retail roaming services provided at the applicable domestic retail price. The ‘fair use policy’ is intended to prevent abusive or anomalous usage of regulated retail roaming services by roaming customers, such as the use of such services by roaming customers in a Member State other than that of their domestic provider for purposes other than periodic travel. Roaming providers should, in cases of force majeure caused by circumstances such as pandemics or natural catastrophes which involuntarily extend the period of temporary stay of the roaming customer in another Member State, consider extending the applicable fair use allowance for an appropriate period, upon a justified request by the roaming customer . Any fair use policy should enable the roaming provider’s customers to consume volumes of regulated retail roaming services at the applicable domestic retail price that are consistent with their respective tariff plans.
Amendment 50 #
2021/0045(COD)
Proposal for a regulation
Recital 35
Recital 35
(35) A contract which includes any type of regulated retail roaming service should specify the characteristics of that regulated retail roaming service, including the expected level of quality of serviceclear and comprehensible information on the expected level of quality of service. Such information should be provided in line with BEREC’s retail roaming guidelines. The provider should make available information on relevant factors that can affect the quality of service, such as availability of certain technologies, coverage or variation due to external factors such as topography.
Amendment 57 #
2021/0045(COD)
Proposal for a regulation
Recital 36
Recital 36
(36) Roaming customers and home operators sometimes unwittingly incur large bills as a result of the lack of transparency on the numbers used for value added services across the Union and on the wholesale prices charged for value added services. Communications to certain numbers which are used for providing value added services, for example, premium-rate numbers, freephone numbers or shared cost numbers, are subject to particular pricing conditions at the national level. This Regulation should not apply to the part of the tariff that is charged for the provision of value added services but only to the tariffs for the connection to such services. Nevertheless, the RLAH principle might create an expectation for end-users that communications to such numbers while roaming should not incur any increased cost in comparison to the domestic situation. However, this is not always the case when roaming. End-users are confronted with increased costs, even when they call numbers that are free when called domestically. This could erode customers’ confidence in using their phones when roaming and could result in bill shocks, thus having a negative impact on a genuine RLAH experience. This is mainly caused, at retail level by the insufficient level of transparency on the higher charges which can be incurred because of communications to value added services numbers. Therefore measures should be introduced to increase the transparency on the conditions for communications to value added services numbers. To that end, roaming customers and roaming customers living with a disability should be informed in their contract and notified and warned, in a timely manner and free of charge, that communications to value added services numbers in roaming can entail additional charges.
Amendment 60 #
2021/0045(COD)
Proposal for a regulation
Recital 43
Recital 43
(43) In order to improve the transparency of retail prices for roaming services and to help roaming customers make decisions on the use of their mobile devices while abroad, providers of mobile communication services should supply their roaming customers with information free of charge on the roaming charges applicable to them when using roaming services in a visited Member State. Since certain customer groups might be well informed about roaming charges, roaming providers should provide a possibility to easily opt-out from this automatic message service. In addition, roaming customers should be provided with a text message including a link to a web page giving detailed information about the types of services (calls and SMS) that may be subject to increased costs. Such communications should be guaranteed and easily accessible for roaming customers living with a disability. Moreover, providers should actively give their customers, provided that the latter are located in the Union, on request and free of charge, additional information on the per- minute, per-SMS or per-megabyte data charges (including VAT) for the making or receiving of voice calls and also for the sending and receiving of SMS, MMS and other data communication services in the visited Member State.
Amendment 60 #
2021/0045(COD)
Proposal for a regulation
Recital 28
Recital 28
(28) Roaming customers should, to the greatest extent possible, be able to use the retail services that they subscribe to and benefit from the same level of quality of service as at home, when roaming in the Union, if the same generation of mobile communication networks, conditions, and technologies are available on the visited network. To that end, roaming providers should take the necessary measures to ensure that regulated retail roaming services are provided under the same conditions as if such services were consumed domestically. In particular, the same quality of service should be offered to customers when roaming, if technically feasible.
Amendment 86 #
2021/0045(COD)
Proposal for a regulation
Article 9 – paragraph 3 – point c
Article 9 – paragraph 3 – point c
(c) clear and comprehensible information on the quality of service that can reasonably be expected when roaming in the Union, including in particular information on the speed and potential limitation to the transmission of data.
Amendment 94 #
2021/0045(COD)
Proposal for a regulation
Article 14 – paragraph 1 – subparagraph 3
Article 14 – paragraph 1 – subparagraph 3
Roaming providers shall, except when the roaming customer has notified the roaming provider that he does not require this service, provide the customer, automatically by means of a Message Service, without undue delay and free of charge, when the roaming customer enters a Member State other than that of his domestic provider, with information on the potential risk of increased charges due to the use of value added services including a link to a dedicated webpage providing information about the types of services that may be subject to increased costs and, if available, information on value added services number ranges. Such communications shall be guaranteed and easily accessible in particular for roaming customers living with a disability.
Amendment 108 #
2021/0045(COD)
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
1. Mobile network operators shall meet all reasonable requests for wholesale roaming access , in particular allowing the roaming provider to replicate the retail mobile services offered domestically, when technically feasible . Within the boundaries of the roaming agreement and without to Article 5(2) the mobile network operator shall not deliberately offer degraded conditions to the roaming customers compared to the conditions offered to its domestic customers.
Amendment 114 #
2021/0045(COD)
Proposal for a regulation
Article 3 – paragraph 3
Article 3 – paragraph 3
3. Wholesale roaming access shall cover access to all network elements and associated facilities, relevant services, software and information systems, necessary for the provision of regulated roaming services to customers , on any network technology and generation available .
Amendment 130 #
2021/0045(COD)
Proposal for a regulation
Article 5 – paragraph 2
Article 5 – paragraph 2
2. Roaming providers shall ensure, when technically feasible, that regulated retail roaming services are provided under the same conditions as if such services were consumed domestically, in particular in terms of quality of servicenot deliberately offer regulated retail roaming services under degraded conditions than offered domestically, if the same generation of mobile communication networks, conditions, and technologies are available on the visited network.
Amendment 170 #
2021/0045(COD)
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
1. The average wholesale charge that the visited network operator may levy on the roaming provider for the provision of regulated data roaming services by means of that visited network shall not exceed a safeguard limit of EUR 2,050 per gigabyte of data transmitted. That maximum wholesale charge shall decrease to EUR 1,52,00 per gigabyte of data transmitted on 1 January 2025 and shall, without prejudice to Articles 21, 22 and 23 remain at EUR 1,52,00 per gigabyte of data transmitted until 30 June 2032 .
Amendment 5 #
2020/2260(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Welcomes the fact that the aim of the Farm to Fork Strategy is to establish a sustainable, healthy and resilient food system which benefits consumers in the EU; recalls the importance of an overall impact assessment to make sure that any legislative measure is without prejudice to the EU internal market;
Amendment 27 #
2020/2260(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Considers that promoting healthy and sustainable food consumption calls for changesinvolves paying attention to diets, production systems and, internal trade and promoting public food education campaigns starting from primary schools;
Amendment 45 #
2020/2260(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Calls on the Commission to step up its support for regional food systems and short supply chains, which act as a source of fresh, sustainable and better quality products for consumers; takes the view that legislation on European public procurement should be revised in order to foster local, high-quality food supply systems; underlines the fundamental role of public administrations in the collective catering sector, in which priority should be given to organic, traditional, typical products, products with geographical indication and from a short supply chain;
Amendment 85 #
2020/2260(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Supports the establishment of a governance framework and a code of conduct for food and retail businesses, in order to make them accountable and aware of the importance of sustainability and health; recalls the importance of effective application of the Directive on unfair practices in the agri-food chain;
Amendment 97 #
2020/2260(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. WelcomAcknowledges the Commission’s initiative to promote healthier diets by introducing nutritional profiles, accompanied by mandatovoluntary and harmonised labelling of the nutritional value of foods on the front of packaging; underlines however that front-of-pack labelling schemes as Nutri-Score, not based on actual portions of consumption, mislead consumers, influencing their choices on the basis of simplistic and distorted judgments that consistently lack nutrition- specific information;
Amendment 100 #
2020/2260(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. WelcomAcknowledges the Commission’s initiative to promote healthier diets by introducing nutritional profiles, accompanied by mandatthrough consumer education campaigns and actions that inforym and harmonised labelling of the nutritional vabout the importance of a varied and balanced diet, which does not exclude ofany food as lon the front of packagingg as it is consumed in the right quantities and frequencies and which is accompanied by adequate physical activity;
Amendment 108 #
2020/2260(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Stresses that the key to pursue the objective of healthier diets should be providing clear and correct information to consumers, not influencing their food choices with distortive claims on nutritional values; it further underlines that nutrition labelling schemes could be detrimental to some products that benefit from an indication of origin;
Amendment 113 #
2020/2260(INI)
Draft opinion
Paragraph 6 b (new)
Paragraph 6 b (new)
Amendment 122 #
2020/2260(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Regards it as essential, further, to keepsafeguard consumers better informed by introducing mandatory origin labelling of food, which would be broadened to cover animal welfare, sustainability and pesticide residue levels’ right to complete information for a conscious and safe choice by introducing mandatory origin labelling of food and the need to evaluate, in the context of the labelling of products of animal origin, an indication on the animal welfare, sustainability and pesticide residue levels; stresses in any case that every initiative in this sense should be subject to the need to safeguard the European livestock market;
Amendment 134 #
2020/2260(INI)
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Underlines the importance of extending the indication of origin labelling, including that of primary ingredients, to all agricultural supply chains; stresses that the indication of origin requirement should be made uniform throughout the EU internal market in such a way that is sustainable for the entire agri-food chain;
Amendment 169 #
2020/2260(INI)
Draft opinion
Paragraph 10
Paragraph 10
10. Supports the Commission in its efforts to combat food fraud, which misleads consumers and distorts competition in the internal market, and regards it as essential to make the penalties imposed on fraudsters more dissuasive and to earmark sufficient resources so that checks can be stepped up and legally define at EU level the concepts of “Fraud and Agri-food Crime” and that of “Sounding”;
Amendment 186 #
2020/2260(INI)
Draft opinion
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. Recalls that the tools of the Farm to Fork Strategy could be profitable for the European market only if environmental and social sustainability are placed at the core of the EU trade policy in relation to agreements with third Countries;
Amendment 8 #
2020/2223(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Recalls the importance of safeguarding consumers' right to a conscious and safe choice by promoting tools that will ensure the highest level of transparency about the composition and origin of products;
Amendment 57 #
2020/2223(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Underlines that the significant state aid support related to the COVID-19 crisis by some Member States has resulted in a substantial variation in state aid intensity across the EU internal market; strongly encourages the Commission to ensure a balanced application of state aid schemes in order to avoid asymmetries that could endanger free and fair competition in the internal market;
Amendment 59 #
2020/2223(INI)
Draft opinion
Paragraph 6 b (new)
Paragraph 6 b (new)
6b. Encourages the adoption of measures to strengthen European start- ups and SMEs as a means of supporting their competitiveness with non-EU ones, in accordance with the level playing field principle; stresses the need of a proper application of competition policy to third- country companies operating in the EU internal market;
Amendment 6 #
2020/2217(INI)
Motion for a resolution
Citation 29 a (new)
Citation 29 a (new)
- having regard to the OECD report entitled 'Building back better: a sustainable, resilient recovery after COVID-19', published on 5 June 2020,
Amendment 7 #
2020/2217(INI)
Motion for a resolution
Citation 29 b (new)
Citation 29 b (new)
- having regard to the programmatic book entitled 'COVID-19: The Great Reset', a plan to 'reset the world' published by the World Economic Forum and co-signed by Klaus Schwab and Thierry Malleret,
Amendment 12 #
2020/2217(INI)
Motion for a resolution
Recital A a (new)
Recital A a (new)
Aa. whereas the volume of data stored worldwide will increase from 33 ZB in 2018 to 175 ZB in 2025, and whereas the internet of things and China will account for a significant proportion of this sharp rise;
Amendment 20 #
2020/2217(INI)
Motion for a resolution
Recital B
Recital B
B. whereas data is an essential resource for economic growth, job creation and societal progress and is a keyand information are resources which contribute to economic growth, job creation and the organisation of our societies, and whereas they are used to rationalise economic and social behaviour in the hope of enabler ofing the transition to greensustainable and climate- neutral societies;
Amendment 35 #
2020/2217(INI)
Motion for a resolution
Recital C
Recital C
C. whereas the Union must urgently take action to reap the benefits of data by building an ethically sustainable, human- centric, trustworthy and secure data society that respects human rights and democracyfirst of all comply with the laws on personal data and the right to anonymity, and may also consider ways of making European data more secure and less vulnerable to foreign attacks;
Amendment 41 #
2020/2217(INI)
Motion for a resolution
Recital D
Recital D
D. whereas all uses of personal and/or business data should be consistent with the General Data Protection Regulation and the e-Privacy Directive;
Amendment 54 #
2020/2217(INI)
Motion for a resolution
Recital E
Recital E
E. whereas the Union should be an active global player in settingcooperation between EU Member States can play a key role in the fight for data control and data sovereignty, and whereas rules basfounded on itsthe values flowing from that cooperation would protect Europeans effectively;
Amendment 58 #
2020/2217(INI)
Motion for a resolution
Recital E a (new)
Recital E a (new)
Ea. whereas in 2018 a cyber attack cost the victim USD 13 million on average, and whereas that cost is increasing every year;
Amendment 61 #
2020/2217(INI)
Motion for a resolution
Recital E b (new)
Recital E b (new)
Eb. whereas Article 16 TFEU states that everyone has the right to the protection of their personal data;
Amendment 62 #
2020/2217(INI)
Motion for a resolution
Recital E c (new)
Recital E c (new)
Ec. whereas in its digital package published on 19 February 2020 the Commission states that ICT today accounts for between 5% and 9% of global electricity consumption and 2% of CO2 emissions and that the volume of data transferred and stored will continue to grow exponentially in the years to come; whereas, further, the 2018 study on artificial intelligence drawn up by the Joint Research Centre already suggested that data centres and data transmission could account for 3 to 4% of the Union's total electricity consumption;
Amendment 64 #
2020/2217(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Welcomes the Commission communication entitled ‘A European strategy for data’; notes the determination to create a framework guaranteeing European data sovereignty, but points out that this concept has not yet been defined; believes that it is a prerequisite for the viability of European industries and enterprises and nascent AI, and a vital step towards a democratic data society, whicheffective data control under democratic scrutiny, and that it will bring better services, growth and jobs;
Amendment 93 #
2020/2217(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Believes that the Union’s aim must be an EU-governed, human-centric, data- driven society society driven by data, information and the objective analysis of that data, governed by the Member States on the basis of cooperation and centred on the freedom of the individual, built on trust and values of privacy, transparency and fundamental rights;
Amendment 102 #
2020/2217(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Emphasises the importance of the concept of individual responsibility in connection with the transmission of data, whether personal or public;
Amendment 108 #
2020/2217(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Notes that a well-built data society benefits all, which rules out any possibility of mass surveillance, empowers workers instead of lowering their working conditions, and does not lead to restrictions on freedoms, inequality or digital gaps;
Amendment 127 #
2020/2217(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Stresses that the Union’'s data strategy must support sustainability, the Green Deal and Union’s climate targetscompetitiveness and a healthy and sustainable economy for the Union;
Amendment 192 #
2020/2217(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Emphasises the importance of genuinely European data governance, and, in that connection, calls for the introduction of supervisory mechanisms which enable the EU and the Member States, at their respective levels, to decide what kinds of data are to be exchanged;
Amendment 223 #
2020/2217(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Calls on the Commission to examineand the Member States to defend actors’ rights to access data they have been involved in generating;
Amendment 262 #
2020/2217(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Calls on the Commission and the Member States, in order to strengthen to make the Union’s technological sovereignty, to work o a reality at long last, to work on purely European technologies that facilitate data sharing and analytics, and to invest in capacity building and high-impact projects to promote research, innovation and deployment of digital technologies;
Amendment 266 #
2020/2217(INI)
Motion for a resolution
Paragraph 23 a (new)
Paragraph 23 a (new)
23a. Draws attention to the high energy cost of storing data in data centres; proposes, in the context of the ethical assessment of data management and the development of AI, and in parallel with the initiatives taken by GAFAM, that the EU consider setting up European 'green data centres' which would guarantee its independence as regards data collection and management and, at the same time, ensure that data storage is ethical and sustainable;
Amendment 275 #
2020/2217(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Recalls that the success of the Union’s data and AI strategies depends on the wider ICT ecosystem, closing the digital gap, developing the IoT, fibre, 5G, 6G, quantum, edge computing, block chain and high-performance computing;
Amendment 280 #
2020/2217(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Calls on the Commission to promote competitive markets reserved for European firms to support the development of European cloud offerings, e.g. Gaia-x; emphasises, by way of an example, the way in which the original idea underpinning the public cloud project Gaia-x, that of a purely European project, has been lost, since it will now involve US, Chinese and Indian tech firms and the lobby group Digital Europe, which includes Google, Apple and Facebook among its members, has just applied to join the service providers' collective;
Amendment 309 #
2020/2217(INI)
Motion for a resolution
Paragraph 27 a (new)
Paragraph 27 a (new)
27a. Draws attention to the significant costs generated by cyber attacks and the rapid increase in those costs over the years; calls, in that connection, for the development of European initiatives coordinated between national actors, with a view to combating such attacks more effectively;
Amendment 330 #
2020/2217(INI)
Motion for a resolution
Paragraph 30
Paragraph 30
30. Calls for public and private funding for SMEsclear rules and criteria governing public and private funding to be incorporated into existing European and national programmes in order to assist SMEs and enable them, by means of targeted investment, to fully capitalise on the data economy’'s potential;
Amendment 344 #
2020/2217(INI)
Motion for a resolution
Paragraph 31
Paragraph 31
31. Calls on social partners to explore the potential of digitalisation, data and AI to increase productivity, improve the well- being and employability of the workforce and invest in upskilling;
Amendment 353 #
2020/2217(INI)
Motion for a resolution
Paragraph 32
Paragraph 32
32. Believes that global rules governing the use of data are inadequate; calls on the Commission to work with like-minded and serve only to boost the ever growing power of GAFAM; calls on the Commission and the Member States to work and negotiate with third countries to agree on new international standards to govern the use of new technologies, such as AI;
Amendment 356 #
2020/2217(INI)
Motion for a resolution
Paragraph 32 a (new)
Paragraph 32 a (new)
32a. Calls on the Commission to assess existing data exchange relations with third countries, in particular those which do not share our values; calls on the Commission to reconsider these partnerships, if necessary;
Amendment 357 #
2020/2217(INI)
Motion for a resolution
Paragraph 32 b (new)
Paragraph 32 b (new)
32b. Takes the view that interference in the affairs of other States through the holding of digitalised data constitutes a serious breach of digital sovereignty; emphasises that certain national authorities, in their capacity as 'digital watchdogs', have voiced concerns regarding access by the authorities in north America to data transferred to the United States, with specific reference to the collection of and access to personal data, and that these actions are often justified by citing national security considerations under the US FISA Act and executive orders; points out that this legal arsenal is rounded off by extraterritoriality rules which become a means of waging economic war, used increasingly frequently by the United States, by providing for the adoption of provisions and measures whose legal reach extends beyond US national territory; takes the view, therefore, that the agreements drawn up in connection with every transfer outside Europe have no coercive force and that data collection methods can turn into completely unsupervised commercial practices;
Amendment 358 #
2020/2217(INI)
Motion for a resolution
Paragraph 32 c (new)
Paragraph 32 c (new)
34c. Calls, as a matter of urgency, for the revision and invalidation of the Privacy Shield, the agreement authorising the transfer of data between the European Union and the United States subject to the requirement of reciprocity as regards the equal treatment of American and foreign data on US territory; emphasises, in that connection, that in the Shrems II case the Court of Justice of the European Union found that US surveillance practices remain incompatible with the requirements of the General Data Protection Regulation;
Amendment 365 #
2020/2217(INI)
Motion for a resolution
Paragraph 33
Paragraph 33
33. Calls for the free flow of data between the Union and third countries wheto be consistent with the rules on privacy, and security and other legitimate public policy interests are metand private - in particular firms' - policy interests and the sovereignty of Member States; calls on the Commission and the Member States to negotiate new rules for the global digital economy, including the prohibition of unjustified data localisation requirements;
Amendment 9 #
2020/2216(INI)
Motion for a resolution
Recital D
Recital D
D. whereas artificial intelligence (AI) can offers many benefits but also presents certain risks;
Amendment 20 #
2020/2216(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Believes the EU needs to become a world leader in digital innovation; considers that the digital single market is about removing national barriers and having a better organised and common European approach for market integration and harmonisation; believes that further actions are needed at both Member State and EU level to achieve this;
Amendment 46 #
2020/2216(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Calls on the Commission to follow the ‘one in, one out’ principle in its future legislative proposals, and to address the fragmentation of the digital single market, remove any existing unjustified barriers, and support innovation by reducing red tape;
Amendment 56 #
2020/2216(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Considers that substantial investment in AI and other key new technologies is required; calls for NextGenerationEU, as well as public and private funding, to increase investment so as to reflect the EU’s ambition of becomstrengthen and improve the EU’s standing at global technological leader and reaping the full benefits of digitalisationlevel;
Amendment 73 #
2020/2216(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Recalls that we need a data economy that works for the entire EU, as it is a key enabler of digitalisation; believes that it is important for the EU to guarantee a high degree of control over data, with clear and balanced rules on intellectual property rights (IPR), but considers it essential to maintain openness towards third countries, and that the free flow of non-personal data across borders is important;
Amendment 99 #
2020/2216(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Strongly bBelieves that AI can be a force for goodplay a positive role for all European citizens, and offer significant benefits and value for the economy, safety, security, education, healthcare, transport and the environment; believes the security, inclusiveness, accessibility and fairness, especially for groups in vulnerable situations, of AI- driven products and services need to be ensured;
Amendment 105 #
2020/2216(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Notes that while AI offers greatood potential, it can also present certain risks due to issues such as bias and opacity;
Amendment 157 #
2020/2216(INI)
Motion for a resolution
Paragraph 27
Paragraph 27
27. Considers that the development of a voluntary labelling scheme for trustworthy AI, based on clear and common guidance drawn up by the Commission, could help improve consumer trust involving all relevant stakeholders and based on transparent standards could help improve consumer trust; this labelling could notably include information on safety aspects, such as a safety score, and minimum age requirements;
Amendment 186 #
2020/2216(INI)
Motion for a resolution
Paragraph 32
Paragraph 32
32. Highlights the importance of education and research for AI; therefore calls on the Commission and the Member States to establish an EUrengthen and enhance existing centres of excellence for AI; considers that this should be done with the involvement of universities, companies and research institutions; believes that such a centre can help to provide specialised training and development for regulatory authoritie such as the European Artificial Intelligence Networks;
Amendment 18 #
2020/2215(INI)
Motion for a resolution
Citation 6
Citation 6
— having regard to the 2017, 2018, 2019 and 2020 Contraception Atlases, which rank access to contraception in geographical Europe and highlight inequalities across the continent and the fact that the unmet need for contraception in some parts of Europe has gone largely unnoticed,
Amendment 54 #
2020/2215(INI)
Motion for a resolution
Citation 25
Citation 25
Amendment 58 #
2020/2215(INI)
Motion for a resolution
Citation 26
Citation 26
Amendment 98 #
2020/2215(INI)
Motion for a resolution
Recital A a (new)
Recital A a (new)
Aa. whereas both the Programme of Action of the ICPD in Cairo (1994) (in point 8.25 thereof) and the Platform of Action of the Fourth World Conference on Women’s Rights in Beijing (1995) clearly state that abortion should not be promoted as a family planning method1 b; _________________ 1b P7_TA(2013)0548
Amendment 101 #
2020/2215(INI)
Motion for a resolution
Recital A b (new)
Recital A b (new)
Ab. whereas both the ICPD Programme of Action (1994) and the Beijing Platform of Action (1995) call for states to reduce maternal mortality and provide more accessible, affordable and high-quality basic health services, with particular emphasis on medical care of mothers;
Amendment 179 #
2020/2215(INI)
Motion for a resolution
Recital H
Recital H
H. whereas the essential package of SRH measures includes: comprehensive sexuality education; modern contraceptives; antenatal, childbirth and postnatal care; midwifery; obstetric and newborn care; safe and legal abortion services where these are permitted under national legislation; the prevention and treatment of HIV and other STIs; services aimed at detecting, preventing and treating sexual and gender-based violence; treatment for reproductive cancers; and fertility services;
Amendment 204 #
2020/2215(INI)
Motion for a resolution
Recital K
Recital K
K. whereas even when abortion is legally available, there are often barriers to accessing itit is vital to ensure that all medical and healthcare staff are able to enjoy freedom of conscience;
Amendment 216 #
2020/2215(INI)
Motion for a resolution
Recital M
Recital M
Amendment 235 #
2020/2215(INI)
Motion for a resolution
Recital N a (new)
Recital N a (new)
Na. whereas the TFEU stipulates that the Union must fully respect the responsibility of the Member States for the content of teaching and the organisation of education systems;
Amendment 381 #
2020/2215(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Reaffirmcalls that abortion must be a voluntary decision based on a woman’s request, given of her own free will, in accordance with medical standards based on WHO guidelines and calls upon the Member States to ensure access to safe and legal abortrelevant national provisions;
Amendment 382 #
2020/2215(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
Amendment 468 #
2020/2215(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
Amendment 499 #
2020/2215(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Calls upon the Commission to strengthen its actions to counter the backlash againstall forms of discrimination concerning women’s rights;
Amendment 9 #
2020/2131(INI)
2. Stresses that the implementation of the SME strategy should focus on supporting SMEs to help them maintaand reacting their existence, as the COVID-19 crisis has delivered a shock to many SMEs and their role in the everyday life of Europeanso the COVID-19; micro and SMEs should be considered an essential asset in the post- COVID 19 transition;
Amendment 23 #
2020/2131(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Notes that SMEs should be burdened as little as possible and encourages the Commission to use strong enforcement action to ensure that the single market benefits all businesses and consumers and to counter gold-plating and other regulatory restrictions; recalls that in the post-COVID recovery further market deregulation should be harmonised with workers’ rights protection;
Amendment 30 #
2020/2131(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Stresses Member States to avoid practices of unfair competition inside the internal market, as they could seriously affect micro and SMEs and consumer rights;
Amendment 33 #
2020/2131(INI)
Draft opinion
Paragraph 3 b (new)
Paragraph 3 b (new)
3b. Highlights that unfair competition usually driven by extra - UE companies is very detrimental to the European SMEs, especially in the post-COVID recovery; efficient trade defence instruments should be accessible to SMEs and they should avoid unfair practices from third countries;
Amendment 35 #
2020/2131(INI)
Draft opinion
Paragraph 3 c (new)
Paragraph 3 c (new)
3c. Recalls that an effective “green” approach, favourable to SMEs, should avoid imposing extra burdens on SMEs while allowing imports from third countries which are not respecting free trade and “green” standards;
Amendment 39 #
2020/2131(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Highlights the crucial role of data as the lifeblood of the digital economy; supports the Commission in establishing European data spaces for trusted and secure data sharing to ramp up data flows between businesses and with governments; recalls that digital trainings and upskilling and reskilling programs for entrepreneurs and employees could support the recovery of SMEs and foster their competitiveness in the EU market;
Amendment 61 #
2020/2131(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Calls on the Member States to simplify procurement tendering processes by using the flexibility of the EU’s new procurement framework and to enhance opportunities for SMEs by using digital tools and platforms to expand cross-border procurement; stresses that green public procurement and a simplified access to tenders can make an important contribution to building a sustainable economy; where possible, calls for preferring European micro and SMEs in public tenders;
Amendment 77 #
2020/2131(INI)
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Highlights the importance of family -run and family-owned businesses, as the backbone of local economies; they create wealth, provide jobs, are locally rooted and connected to local communities; underlines that family businesses make up more than 60% of all companies in Europe, they range from sole proprietors to large international enterprises; big or small, listed or un- listed, family businesses play a significant role in the EU economy.
Amendment 368 #
2020/2121(INI)
Motion for a resolution
Paragraph 32
Paragraph 32
32. Highlights the additional needs of minority groups, such as Roma women,people who are less well-off who face challenges in maintaining hygiene and adhering to confinement measures due to a lack of access to basic infrastructure, services and information;
Amendment 373 #
2020/2121(INI)
Motion for a resolution
Paragraph 33
Paragraph 33
33. Emphasises the essential nature of support services for LGBTQI+ personsall people who need them, including mental health support, peer support groups and support services for gender-based violence;
Amendment 379 #
2020/2121(INI)
Motion for a resolution
Paragraph 34
Paragraph 34
34. Deplores instances of xenophobic and racial discrimination of any kind and urges the Commission and the Member States to adopt an intersectional approach in their responses;
Amendment 84 #
2020/2077(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Stresses the importance of boosting research efforts in the field of chemical recycling which, paired with organic and mechanical recycling, will complete a technology-neutral framework; calls on the Commission to support the efforts of chemical recycling industries by supporting their innovation, harmonised policies and clear pathways for exploiting the plastic waste that is currently being incinerated;
Amendment 92 #
2020/2077(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Calls on the Commission to harmonise, at EU level, existing legislation on the recycling input rate and recycled content;
Amendment 118 #
2020/2077(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Is of the opinion that the transition towards a digital economy in all sectors can reduce their environmental footprint, while also boosting the green transition; points out that measures are nevertheless needed to deal with the short- and medium- term costs of the transitions, to protect jobs and employment, and to make them transitions just;
Amendment 142 #
2020/2077(INI)
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Supports the EU initiative on Sustainable Products as a major action for improving products recyclability, durability and efficiency and endorses the inclusion of a larger set of product groups into the Eco-Design Directive, with a focus to non-energy related products; urges also to apply the same EU products requirements to the materials and goods imported from third countries;
Amendment 149 #
2020/2077(INI)
Draft opinion
Paragraph 7 b (new)
Paragraph 7 b (new)
7b. Calls on the Commission to assess the environmental attributes of products or services using a robust life cycle assessment based methodology, with a cradle-to-cradle approach; calls on the Commission to take into account different metrics, such as end-of-life recycling or recycled content, for assessing recycling rates of materials and products, taking into account the nature of the material and its recycling value chain;
Amendment 8 #
2020/2076(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Recognises that the Industrial Strategy, prepared prior to the outbreak and published at an early stage of the pandemic in Europe, will require substantial revision, to reflect the change in fundamentals and; calls on the new Commission of the Von Der Leyen Commission:to develop realistic strategies to return economies across the EU to growth and therefore to strengthen all economies, both north and south and east and west, to the benefit of citizens and businesses; stresses that the Green Deal is an inappropriate and unaffordable approach for this;
Amendment 9 #
2020/2076(INI)
Motion for a resolution
Citation 13
Citation 13
Amendment 13 #
2020/2076(INI)
Motion for a resolution
Citation 16
Citation 16
Amendment 15 #
2020/2076(INI)
Motion for a resolution
Citation 20
Citation 20
Amendment 20 #
2020/2076(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Calls for the Commission to undertake, together with Members States, a comprehensive and cross-sectoral analysis of the economies within the EU, in order to understand the depth of impacts felt by the COVID-19 pandemic; considers this an essential evidence base in order for the Commission to issue updated recommendations and determine the key policies that will act to strengthen the collective long-term recovery within the Single Market; welcomes the fourteen coherent industrial ecosystems identified by the Commission, whose strategic independence is to be ensured;
Amendment 28 #
2020/2076(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. Calls on the Commission to focus on domestic productivity on the basis of research and innovation within Europe, in order to establish a strategic autonomy and less dependence on vulnerable supply chains in core industry sectors such as the tech and telecommunications, medical products, pharmaceuticals and agricultural sectors, especially in times of global crisis, to remain competitive on the global markets and to provide European consumers with essential goods;
Amendment 29 #
2020/2076(INI)
Motion for a resolution
Recital A
Recital A
A. whereas the Union requiresEU industrial sector has been hit hard by the Covid-19 pandemic and needs immediate and substantial support for its recovery; whereas the Union and Member States require a new industrial strategy that makes its their industries more globally competitive, resilient and environmentally sustainable where there is the potential to achieve this goal without compromising their economic sustainability and competitiveness; whereas such a strategy should cover thea rational and pragmatic transition of European industries to digitalisation and climate-neutrality, prioritising the ‘energy efficiency first’ principles, energy savings and, renewable energy technologies and continued investment in existing low-carbon technologies;
Amendment 42 #
2020/2076(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Stresses that EU industrial competitiveness relies on a fully functioning Single Market in Services; underlines that the Commission must consider how to address barriers to cross- border services as part of any revised set of priorities;
Amendment 42 #
2020/2076(INI)
Motion for a resolution
Recital A a (new)
Recital A a (new)
Aa. whereas non-EU competitors often take advantage of less stringent climate and environmental regulations, thus hindering further EU competitiveness and being primarily responsible for the global carbon emissions increase;
Amendment 49 #
2020/2076(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Underlines the importance of a prudent and not rushed sustainability strategy, which is central to plans to develop European industry; recalls in this regard the European Council conclusions of 12 December 2019, highlighting the need to establish a framework for actions that benefits all Member State and which does not jeopardise the global competitiveness of European industry and SMEs;
Amendment 51 #
2020/2076(INI)
Motion for a resolution
Recital B
Recital B
B. whereas the Union’s industrial strategy should ensure the correctsmooth functioning of the single marketEuropean economies, give a new boost to national economies, create a level playing field inside and outside EU and ensure easier access to finance, raw materials and markets, in addition to ensuring appropriate levels of investment, research and innovation, social rights and welfare, education and skills to boost competitiveness and sustainability;
Amendment 56 #
2020/2076(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Recognises that the public and private sector will encounter significant financial constraints in the coming years, impacting their ability to support a programme of investment, particularly with regard to the Green Deal objectives; expresses concern about an unequal pace of development, particularly in less developed parts of the EU, where achieving transformation demands far more significant adisproportionately high Green Deal objectionves; strongly calls on the Commission in its revised Industrial Strategy to adopt a model with flexibility and support, in order that no one is lefto leave the Green Deal behind;
Amendment 73 #
2020/2076(INI)
Motion for a resolution
Recital C
Recital C
C. whereas the COVID-19 pandemic and its fallout have created an unprecedented economic downturn in Europe; whereas the global health crisis has shown the need to strengthen the self- reliance of States and the European Union in essential and strategic sectors; whereas in this context any future- looking industrial strategy should start by addressing industrial recovery and by supporting enterprises on a sustainable basis to ensure jobs and the transition to a more resilient European economy;
Amendment 84 #
2020/2076(INI)
Motion for a resolution
Recital C a (new)
Recital C a (new)
Ca. whereas reindustrialisation and relocation within the Union and the Member States should be the priority of the new European industrial strategy; whereas the relocation policies should be based on essential and strategic sectors that will guarantee the sovereignty of Europe, the Member States and European citizens, in particular against financial, social, health and environmental crises;
Amendment 90 #
2020/2076(INI)
Motion for a resolution
Recital D
Recital D
D. whereas new debts contracted to survive the economic downturn are likely to leave companies with a more fragile financial structure and weaker human resources, leading to sluggish growth in the long term;
Amendment 96 #
2020/2076(INI)
Motion for a resolution
Recital D a (new)
Recital D a (new)
Da. whereas the European Defence and Aerospace industry and its supply chain has already proven to be a strategic asset for the whole European Union and an added value for the European industrial integration, research & development, technology & innovation, growth, occupation and competition;
Amendment 101 #
2020/2076(INI)
Draft opinion
Paragraph 10
Paragraph 10
10. Recalls that the automotive sector is touched by many of the transformations expected in the future economy and has been deeply affected by the impact of the COVID-19 pandemic; considers that the revised Industrial Strategy should foresee particular actions for this economic core sector, including appropriate financial support., independent of the orientation of production towards electric motor or combustion engine;
Amendment 101 #
2020/2076(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Is of the opinion that digital and environmental transitions should be at the very core of all Unions strategies until 2050; in this context, calls on the Commission to define a comprehensive industrial strategy which manages these transitions, fosters transformationwould include economic support and accompanying measures for recovery and conversion of the different industrial sectors, in particular through SMEs, and guarantees the Union’s strategic autonomy; stresses that the EU should gradually strive for environmental sustainability without compromising competitiveness and socio-economic welfare and without discriminating against any form of technology that can contribute to make the transition process economically sustainable;
Amendment 133 #
2020/2076(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Is aware that market dynamics alone do not bridge the fractures created during the transformation process if there is no proper management of the transitions and no strong industrial policies; is, furthermore, aware that whilethe unreasonable pressure coming from markets, competition and innovation push fast towards transformation, it is society and the environment that face the impact of these transformations; considers that balancing out the number of jobs lost in traditional industries with new jobs created in the digital and environmental sectors is not enough in itself as these new jobs are neither created in the same regions nor taken up by the same workers; calls on the Commission, therefore, to ensure that these transitions are fair and socially justgradual, fair, socially just, and ensure a level playing field, and that every action aimed at accelerating a transformation process (digital, environmental, etc.) is accompanied by a corresponding initiative to up-skill and reskill workers, with the aim of managing the effects produced by that accelerated process on both regions and people;
Amendment 143 #
2020/2076(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Encourages the Member States and their national employment services to carry out, in the context of this initiative for vocational retraining and reshoring of industrial sectors, an assessment of the skills already acquired by workers in traditional industries and therefore immediately available to companies relocating to Europe;
Amendment 160 #
2020/2076(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Considers, in the current context, that the Union requires a new, tailor-made industrial strategy that focuses on two distinct phases; the first aimed at recovery and strengthening existing industries and the second aimed at reconstruclocation and transformation; calls on the Commission, therefore, to adapt the strategy published in March 2020 to the current situation and address both phases, while keeping the digital and environmental objectives as a prioritiesy throughout;
Amendment 183 #
2020/2076(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Welcomes the Temporary State Aid framework as a way to promptly transfer liquidity where urgently needed; calls on the Commission nonetheless to ensure that the aid provided in the emergency phase does not lead to permanent distortions in the singleternal market;
Amendment 192 #
2020/2076(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Considers that the economic schemes put in place by individual Member States to help SMEs and companies cope with the short-term cash crunch are useful, but will increase the debt levels of these firms and weaken their economies; in this context, therefore, calls on the Commission to facilitate recovery through fiscal schemes that favour equity over debt and grants over loans and/or guarantees;
Amendment 208 #
2020/2076(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Calls on the Commission to include in the recovery plan a strategy to redeploy industries in Europe and to relocate industrial production in essential and strategic sectors; calls, moreover, on the Commission to adopt a stronger stance on unfair global competition and predatory acquisitions by SOEs and sovereign funds; is of the opinion that, in this context, the Union should implement a provisional TDI scheme through the increase of custom duties on products considered essential in order to favour European production as well as the promotion of other possible means other than traditional instruments to support industry;
Amendment 223 #
2020/2076(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Calls on the Member States and the Commission to consider the creation of a cooperative ecosystem among Member States that allows to give priority to national and European companies which keep their headquarters, their production and employment within the Union in the framework of public contracts;
Amendment 235 #
2020/2076(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Highlights that, during this critical phase, the Union should protect its market and enterprises in strategic sectors and block takeovers and FDI that coulforeign direct and indirect investments to preserve European jobs and know-how within each specific territory and avoid further increase of its dependency on foreign powers;
Amendment 288 #
2020/2076(INI)
Motion for a resolution
Paragraph 9 – point b
Paragraph 9 – point b
b. will be managed directly, when possible, by the Commission through European programmesand allocated as a priority on the basis of local and national projects and applications, meeting the criteria for allocation provided by the Fund in order to avoid further distortion of the singleternal market;
Amendment 299 #
2020/2076(INI)
Motion for a resolution
Paragraph 9 – point c
Paragraph 9 – point c
c. distributes the financial aid among the different industrial sectors, including micro-enterprises and SMEs, according to the damage suffered, the challenges faced and the amount of national financial support already received through national aid schemes;
Amendment 312 #
2020/2076(INI)
Motion for a resolution
Paragraph 9 – point e
Paragraph 9 – point e
e. gives preference to companies and SMEs that focus their business plans, micro-enterprises and SMEs that are most in need onf digital and environmental transformationrect financial support following the economic setback caused by the pandemic;
Amendment 335 #
2020/2076(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Highlights the need to support a sustainable and fair recovery beyond the COVID-19 crisis in order to enhance growth in the EU by increasing investment in the digital and green transitionall sectors of the economy, including essential and strategic sectors; asks the Commission to support an ambitiouseffective Recovery Fund that is within the framework of a stronger MFF and is integrated in the own resource decision, and to pursue fiscal policy coordination to strengthen the European fiscal frameworkintegrated in the own resource decision; is of the opinion that, after the peak of the pandemic, the Fund should become a permanent Reconstruction Fund to foster the digital and green industrial transitionstransition, restore the economic global competitiveness of EU and rebuild a strong and stable labour market;
Amendment 336 #
2020/2076(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Urges the Commission to plan for a more inclusive renovation of European industry, to avoid any discrimination of traditional productive sectors as well as any exclusion of those industrial sectors that could disappear in absence of a real strategy; stresses the diversity of the existing European industrial network: insists, in this regard, that the Commission secures the dynamism of these industries which support the economy of the Member States and the European regions;
Amendment 344 #
2020/2076(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Calls on the Commission to carry out a detailed impact assessment of the potential costs and burdens for European companies and SMEs, as well as costs in terms of job losses, before presenting new proposals for legislation or adopting new measures; calls on the Commission to propose commensurate support to the affected sectorwithdraw any new proposals whenever a negative impact cannot be seems unavoidabled;
Amendment 364 #
2020/2076(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Considers that once the emergency phase is over, the Union should embark on a second phase of its industrial strategy: ensuring the competitiveness, resilience and sustainability of its industriesall sectors of its economy in the long term;
Amendment 417 #
2020/2076(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Considers that there is significant potential in domestic and global markets for low-emission technologies and sustainable products, processes and services throughout the whole value chain from raw materials to energy-intensive industries, manufacturing and the industrial services sector; considers, moreover, that the Climate Law is a first step towards enshrining climate targets into Union legislation; believes that a more holistic and systematic target framework is also required in order to ensure policy coherence across all Union policies and a homogenous governance approach in all policy areas, paving the way towards a clear and stable strategy for European industries;
Amendment 428 #
2020/2076(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Recalls that the Defence and Aerospace industry in Europe is a truly specific industrial sector that needs therefore specific policies due to its unique nature; in line with the European Treaties, considers that implementing special measures or policies for the European Defence and Aerospace industry should not undermine the national prerogatives of Member States regarding security and defence;
Amendment 443 #
2020/2076(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Maintains that a truly effective European industrial policy needs a dashboard of climate targets as a roadmap to shape the industry of the future; considers that all sectors should contribute towards achieving the Union’s climate objectives and, in this regard, underlines the importance of gas as a means of energy transition and hydrogen as a potential breakthrough technology; calls also for greater attention to be paid to network security and energy supply; calls on the Council to increase spending from the EU budget on climate change efforts; calls on the Commission to ensure that industries with high carbon leakage do not benefit from EU subsidies, and for better use to be made of the EIB, as the Union’s ‘Climate Bank’, to enhance sustainable financing to the public and private sectors and to assist companies in the decarbonisation process, and to use the Border Carbon Adjustments mechanism as a way to protect EU manufacturers and jobs from unfair international competition and the import of products and services with a strong environmental footprint;
Amendment 508 #
2020/2076(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Highlights the need to support a just transition, and believes that a well- designed Just Transition Mechanism, including a Just Transition Fund, would be an important tool to facilitate the transitionavoid job losses and preach ambitious climate targets while addressing social impactserve territorial economic competitiveness; stresses that robust financing of this instrument, including additional budgetary resources, would be a key element for theits successful implementation of the European Green Deal;
Amendment 535 #
2020/2076(INI)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17a. Calls on the Commission to recover, by renewing it, the spirit of the Small Business Act, through initiatives aimed in particular at supporting micro and small-size enterprises, which provide for over 99% of the European production capacity; worries that "one size fits all" initiatives for SMEs do not favour either micro-enterprises or SMEs, while expanding many of such measures to mid- caps has further stressed this gap; stresses that support for micro-enterprises and SMEs must also come by boosting incremental innovation;
Amendment 563 #
2020/2076(INI)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18a. The incentive to use tax credit systems must be matched by targeted measures aiming to overcome tax dumping, which is responsible for distorting effects within the internal market;
Amendment 584 #
2020/2076(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Calls on the Commission to implement a single European digital and data market, to promote thea functional exchange of data among companies and among public institutions, to develop and process data on European soil, in particular data from public bodies, to build a better digital taxation system in which profits are taxed where companies have significant interaction with users, and to further develop European standards on cybersecurity, in particular for critical infrastructure;
Amendment 641 #
2020/2076(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Is of the opinion that ecosystems will be key components of the next industrial revolution, providing affordable and cleaner energy, transformative manufacturing and service-provision methods; believes, moreover, that supporting virtuous collaboration among industry, academia, SMEs, start-ups, trade unions, civil society, end-user organisations and all other stakeholders will be key to solving market failures and supportmodels among the different actors engaged in research and commercialization activities by which public authorities, universities, micro-enterprises and SMEs gather to foster innovation; considers that ecosystems will be key elements of the next industrial revolution, providing eafforts to cross the ‘valley of death’, including in areas not yet covered by industrial interestdable and cleaner energy sources;
Amendment 689 #
2020/2076(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. In the light of a profoundly changed international economic context, calls on the Commission to review its antitrust rules and to continue to ensure that the enforcement of EU competition law is effective in keeping the Union globally competitive, seeking a balance between support for so-called ‘adapt the competition rules in order to guarantee the sovereignty and independence of the Member States and the Union, to support European ‘champions’ and protection of thecompanies, to protect supply chain froms against unfair competition, so as to compensate for the lack of a global level playing field given the higher levels of concentration, margins and inequality visible in the economy and ultimately to strengthen the industrial presence within the territories;
Amendment 1 #
2020/2070(INI)
Motion for a resolution
Citation 4
Citation 4
Amendment 7 #
2020/2070(INI)
Motion for a resolution
Citation 19
Citation 19
Amendment 13 #
2020/2070(INI)
Motion for a resolution
Recital A a (new)
Recital A a (new)
Aa. whereas the current European legislative framework for buildings does not include any mandatory greenhouse gas (GHG) reduction provision and shall be aligned with the ambitious EU climate targets;
Amendment 45 #
2020/2070(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Highlights the role of regional and local authorities, neighbourhoods and communities in integrated renovation programmes (IRPs) in order to achieve a climate-neutral building sector by 2050;
Amendment 50 #
2020/2070(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Demands that building policies be holistic and inclusive, include IRPs that integrate social services, mobility, industrial and energy functions of buildings, and enable on-site renewables production and demand-side flexibility, as well as guarantee an adequate indoor environmental quality;
Amendment 58 #
2020/2070(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Is concerned by the gentrification and ‘renoviction’ of neighbourhoods driven by investment capital interests, and by the rising numbers of citizens in energy poverty, gender disparity, and marginalisation; cConsiders that a community approach in addition to safeguards at a regulatory level could preducserve the level of destruction of existing communitieexisting communities avoiding the creation of marginalised neighbourhoods;
Amendment 71 #
2020/2070(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Highlights the successneed of one-stop- shops, capacity building for municipalities, and the active involvement of local actors such as energy communities, associations of construction companies, consumer organisations and housing cooperatives;
Amendment 73 #
2020/2070(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Recalls the need of both public and private efforts to achieve concrete results in the field of energy efficiency for the current building stock;
Amendment 75 #
2020/2070(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
Amendment 93 #
2020/2070(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Calls on the Member States to prioritise marginalised communitiesbuildings with higher energy consumption or energy waste when designing IRPs;
Amendment 102 #
2020/2070(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Recalls the need to harmonise, as much as possible, energy efficiency needs and the preservation of the European historical heritage (monuments and buildings), also considering which states have a bigger amount of historical heritage;
Amendment 110 #
2020/2070(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Highlights that bureaucracy, excessive taxes on buildings and properties, administrative burdens, initial investment costs, complex finance schemes, split incentives, medium/long- term payback times, and a lack of a stable and ambitious policy framework act as significant barriers to investments;
Amendment 123 #
2020/2070(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Considers that more than EUR 75 billion a year in EU incentives is required to ensure an energy-efficient building stock by 2050; considering the challenge, recalls that a clear set of evaluation and assessment tools is needed as well as funds;
Amendment 151 #
2020/2070(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
Amendment 157 #
2020/2070(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Considers that IRPs should prioritise buildings with high energy consumption or energy waste, and especially buildings that work round the clock (i.e. hospitals);
Amendment 163 #
2020/2070(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Recalls the importance of allowing SMEs to receive funds for projects aimed at enhancing energy efficiency in buildings, considering how SMEs are crucial in the field of building renovation and how are deeply affected by the COVID-19 pandemic;
Amendment 170 #
2020/2070(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Calls on the Commission to regularly revise energy efficiency targets upwards, propose bindingand to suggest minimum annual renovation rates for buildings and policy measures ensuring deep renovations creating financial triggers and investment stability;
Amendment 189 #
2020/2070(INI)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17a. Recalls that imposing new taxes for achieving “green” targets usually does not bring concrete benefits to climate standards; suggests to lower property taxes for owners of buildings involved in energy efficiency transformations;
Amendment 193 #
Amendment 194 #
2020/2070(INI)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17a. Emphasises the shortcomings in the current EU legislation with regard to measures directly targeting GHG emissions reduction in the building sector. (This new paragraph would be added under the new heading ‘Regulatory barriers’)
Amendment 195 #
2020/2070(INI)
Motion for a resolution
Paragraph 17 b (new)
Paragraph 17 b (new)
17b. Points out that the Energy Performance of Buildings Directive does not include any provision directly targeting GHG emissions reduction; (This new paragraph would be added under the new heading ‘Regulatory barriers’)
Amendment 196 #
2020/2070(INI)
Motion for a resolution
Paragraph 17 c (new)
Paragraph 17 c (new)
Amendment 197 #
2020/2070(INI)
Motion for a resolution
Paragraph 17 d (new)
Paragraph 17 d (new)
17d. Notes that measuring the energy performance of buildings in primary energy use hampers the decarbonisation of the building stock; (This new paragraph would be added under the new heading ‘Regulatory barriers’)
Amendment 198 #
2020/2070(INI)
Motion for a resolution
Paragraph 17 e (new)
Paragraph 17 e (new)
17e. Calls on the Commission to revise the Energy Performance of Buildings Directive to address existing legislative gaps and encourage using the cleanest equipment available in new and renovated buildings; (This new paragraph would be added under the new heading ‘Regulatory barriers’)
Amendment 199 #
2020/2070(INI)
Motion for a resolution
Paragraph 17 f (new)
Paragraph 17 f (new)
17f. Calls for an alignment of the Energy Performance of Buildings Directive to align it with the provisions of the Directive on Energy Efficiency so that it enables Member States to express the energy performance of buildings either in primary energy use or in final energy consumption. (This new paragraph would be added under the new heading ‘Regulatory barriers’)
Amendment 200 #
2020/2070(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Highlights the need to decrease costs, speed up duration, effectivity, reliability and integration to increase IRPs through creating renovation markets, industrially produced, prefabricated elements, and to engage in serial and district renovationsand sustainable elements, heating and cooling appliances, and to engage in serial and district renovations; stresses that research on new materials should be also taken into account;
Amendment 213 #
2020/2070(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Underlines the importance of the energy efficiency first principle in decarbonising heating and cooling, electrification of residual demand through renewable energy combined with heat pumps or efficient district heating systems, as well as in load management and flexibility; underlines the need to plan IRPs in order to achieve synergies; recalls that renovations related with energy efficiency could be coupled with other safety improvements for buildings (like fire safety or anti seismic measures, where needed) and the removal of architectural barriers;
Amendment 230 #
2020/2070(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Considers that energy-efficient buildings should be safe and sustainable and, if possible, adaptable to future renovations; underlines the importance of embodied energy, sustainability in buildings, resource efficiency, and life- cycle approaches in line with the circular economy;
Amendment 246 #
2020/2070(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Calls on the Member States to maximise the reuse, recycling, and recuperation of materials in their procurement strategies, by also removing regulatory and administrative barriers to their use; recalls the importance of locally sourced building materials in order to preserve building traditions as well as to cut emissions and transportation costs;
Amendment 268 #
2020/2070(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Is convinced that the introduction of a building renovation passport to track continued improvement and to monitor renovation depth and energy performance could benefits house owners and building operators; notes that this initiative should be harmonised with the existing energy performance certification of buildings;
Amendment 277 #
2020/2070(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Calls on the Commission to launch an EU skills initiative in the renovation sector, which includes a gender dimension, in order to engage with stakeholders in retraining, upskilling and capacity building, with a focus on employment; and on SMEs, “as they contribute more than 70% of the value-added in EU’s building sector”1a; __________________ 1athe reference is taken from: https://ec.europa.eu/energy/topics/energy- efficiency/energy-efficient- buildings/energy-performance-buildings- directive_en
Amendment 291 #
2020/2070(INI)
Motion for a resolution
Paragraph 26 a (new)
Paragraph 26 a (new)
26a. Calls on the Commission to release an impact assessment about the costs and opportunities related with the challenge of maximising the energy efficiency potential of the EU building stock;
Amendment 299 #
2020/2070(INI)
Motion for a resolution
Paragraph 27
Paragraph 27
27. Considers digitalisation as an enabler for distributed generation, storage, flexibility and sector integration, as well for a more efficient planning and management of energy;
Amendment 320 #
2020/2070(INI)
Motion for a resolution
Paragraph 28
Paragraph 28
28. Underlines that housing and consumer rights require social safeguards, data protection, respect for privacy and consent;
Amendment 332 #
2020/2070(INI)
Motion for a resolution
Paragraph 29
Paragraph 29
29. Views the renovation wave as an opportunity to achieve an energy-efficient and climate-neutral building stock by 2050 through an action plan for IRPs with a focus on communities, especially for those in energy poverty, and to provide healthy, decent, affordable and energy efficient buildings where people can reach their full potential in line with the European Green Deal;
Amendment 364 #
2020/2070(INI)
Motion for a resolution
Paragraph 34
Paragraph 34
Amendment 77 #
2020/2035(INL)
Motion for a resolution
Recital B
Recital B
B. whereas violence against women and other forms of gender-based violence are widespread in the Union and are to be understood as an extreme form of discrimination; whereas gender-based violence is rooted in the unequal distribution of powerviolence against women is rooted in the lack of solid family foundations within which mutual respect between women and women, in sexism and gender stereotypes, which have led to domination over and discrimination against women by mcomplementarity are a given;
Amendment 87 #
2020/2035(INL)
Motion for a resolution
Recital C
Recital C
C. whereas violence against women and gender-based violence presents different but not mutually exclusive forms and manifestations; whereas those different forms of violence are often interlinked and inseparable from offline violence because they can precede, accompany or continue them;
Amendment 104 #
2020/2035(INL)
Motion for a resolution
Recital D
Recital D
D. whereas cyber harassment, cyber stalking, cyber bullying, trolling, online hate speech, flaming, doxxing and image- based sexual abuse are among the most common types of gender-based cyberviolence directed against women; whereas some Member States have adopted specific legislation on some of those particular forms only;
Amendment 122 #
2020/2035(INL)
Motion for a resolution
Recital E
Recital E
E. whereas, despite a growing awareness of the phenomenon of gender- based cyberviolence, the lack of collection of exhaustive and recent data and the underreporting of cases of gender-based cyberviolence prevents an accurate assessment of its prevalence; whereas the European added value assessment on gender-based cyberviolence estimates that between 4 and 7% of women in the Union have experienced cyber harassment during the past 12 months, while between 1 and 3% have experienced cyber stalking;
Amendment 135 #
2020/2035(INL)
Motion for a resolution
Recital F
Recital F
F. whereas women can be targeted by cyberviolence either individually or as members of a specific community; whereas intersectional forms of discrimination can exacerbate the consequences of gender-based cyberviolence such as schools, university students societies, workplaces, etc;
Amendment 147 #
2020/2035(INL)
Motion for a resolution
Recital G
Recital G
G. whereas some women, such as politicians, women in public positions, journalists, bloggers and human rights defenders, are particularly impacted by gender-basedtargeted by cyberviolence, and whereas this is causing not only psychological harm and suffering to them but also deterring them from participating digitally in political, social and cultural life;
Amendment 155 #
2020/2035(INL)
Motion for a resolution
Recital H
Recital H
H. whereas gender-based cyberviolence impacts on mental health, on the full exercise of fundamental rights and even on democracy, and has consequences on society, including an economic impact;
Amendment 169 #
2020/2035(INL)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Underlines that gender-based cyberviolence isagainst women is likely a continuum of gender- based violence offline and that no policy alternative will be effective unless it takes this realitythis must be taken into consideration;
Amendment 194 #
2020/2035(INL)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Stresses that Governments measures in relation to the COVID-19 pandemic hasve increased the risk of domestic violence and abuse because victims are forced to spend more time with perpetrators and they tend to be more isolated from support networks; calls on Member States to increase the assistance they offer through shelters, helplines and support services to protect victims and facilitate the reporting of gender-based violence;
Amendment 207 #
2020/2035(INL)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Underlines the transnational nature of gender-based cyberviolence, considering the cross- border dimension of the use of ICT;
Amendment 238 #
2020/2035(INL)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Urges the Commission and the Member States to establish a reliable system for regularly collecting statistical disaggregated, contextualised and comparable data on gender-based violenceviolence against women, including cyberviolence;
Amendment 255 #
2020/2035(INL)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Underlines that gender-based cyberviolence against women generates psychological, social and economic consequences;
Amendment 266 #
2020/2035(INL)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Calls on the Member States to give particular attention to women belonging to groups put in a vulnerable situation as regards gender-based cyberviolence and to develop specific support services and educational programmes dedicated to those specific groups;
Amendment 273 #
2020/2035(INL)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Deplores the fact that gender-based cyberviolence against women reduces the participation of womenthe victims in public debate which, as a consequence, erodes the democratic principles of the Union; regrets that that ‘silencing effect’ has been particularly aimed at targeting women activists, journalists and politicians with the intention of discouraging their presence of women in political life and decision- making spheres;
Amendment 304 #
2020/2035(INL)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Underlines the need to protect, support and ensure reparation for female victims of gender-based cyberviolence;
Amendment 327 #
2020/2035(INL)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Strongly reaffirms its commitment, as it has previously expressed, to tackle gender-based violenceviolence against women and to the need to have a comprehensive directive covering all its forms as the best way to put an end to gender-basedsuch violence;
Amendment 342 #
2020/2035(INL)
Motion for a resolution
Paragraph 16
Paragraph 16
Amendment 11 #
2020/2028(INI)
Motion for a resolution
Recital D
Recital D
D. whereas CPR compliance costs represent 0.6 % to 1.1 % of the construction sector’s turnover, borne mainly by manufacturers, which can beis very burdensome for SMEs;
Amendment 26 #
2020/2028(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Points out that unlike other NLF legislation, the use of harmonised standards under the CPR is mandatory, which requires an effective system of adoption to address the needs of industry, keep up with technological developments and ensure legal clarity and a level playing field among all European SMEs active in this sector;
Amendment 43 #
2020/2028(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Believes that owing to the mandatory nature of standards and the fact that they are considered part of Union legislation, the texts of issued harmonised standards should be available in all Union languages; highlights the need to ensure high-quality translation and involve national standardisation bodies in the translation process; calls on the Commission to further support and simplify the financial arrangements for the translation of harmonised standards; emphasises that a common harmonised technical language would improve the effectiveness of EU regulatory framework while ensuring a level playing field for European economic operators;
Amendment 82 #
2020/2028(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Points to the increase in online sales in the construction sector; highlights the need to ensure the effective market surveillance of construction products sold online, especially those purchased from non-EU economic operators monitoring that these products comply with the EU regulatory framework notably to ensure a high level of EU consumer protection;
Amendment 102 #
2020/2028(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Highlights the need to ensure the proper involvement of all stakeholders in the consultation and evaluation process; highlights the need for a level playing field in construction products legislation for all businesses, especially SMEs, to avoid any form of trade barrier in the internal market by monitoring national regulations on construction products set by Member States;
Amendment 94 #
2020/2018(INL)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Considers that the main principles of the E-Commerce Directive, such as the internal market clause, freedom of establishment and the prohibition on imposing a general monitoring obligation should be maintained; underlines that the principle of “what is illegal offline is also illegal online”, as well as the principles of consumer protection and user safety, should alsomust become guiding principles of the future regulatory framework;
Amendment 106 #
2020/2018(INL)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Stresses that European SMEs and start-ups should be able to compete on a level playing field with non-EU ones; notes that European businesses are often unable to access the same amount and quality of datasets as non EU-businesses, which undermines the competitiveness of European businesses in the European and global markets;
Amendment 168 #
2020/2018(INL)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Notes that information society services providers, and in particular online platforms and social networking sites - because of their wide-reaching ability to reach and influence broader audiences, behaviour, opinions, and practices - bear significant social responsibility in terms of protecting users, their data and society at large and preventing their services from being exploited abusively.
Amendment 180 #
2020/2018(INL)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Recalls that recent scandals regarding data harvesting and selling, Cambridge Analytica, fake news, political advertising and manipulation and a host of other online harms (from hate speech to the broadcast of terrorism) have shown the need to revisit the existing rules without any prejudice to the rights to freedom of expression and reinforce fundamental rights;
Amendment 201 #
2020/2018(INL)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Notes that the COVID-19 pandemic has shown how vulnerable EU consumers are to misleading trading practices by dishonest traders selling fake or illegal products online that are not compliant with Union safety rules or imposing unjustified and abusive price increases or other unfair conditions on consumers; or defrauding consumers;
Amendment 311 #
2020/2018(INL)
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
19a. Stresses that child pornography is a widespread and steadily growing phenomenon that cannot go unnoticed and must be fought vigorously by common action;
Amendment 357 #
2020/2018(INL)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Calls on the Commission to address the increasing differences and fragmentations of national rules in the Member States and to propose concrete legislative measures including a notice- and-action mechanism, that can empower users to notify online intermediaries of the existence of potentially illegal online content or behaviour and require platforms to react more quickly and to be more transparent about the actions taken; is of the opinion that such measures would guarantee a high level of users' and consumers' protection while promoting consumer trust in the online economy;
Amendment 473 #
2020/2018(INL)
Motion for a resolution
Paragraph 30
Paragraph 30
Amendment 484 #
2020/2018(INL)
Motion for a resolution
Paragraph 30 a (new)
Paragraph 30 a (new)
30a. Notes that over the years national authorities managed and solved critical aspects related to the evolution of e- commerce in an effective but fragmented way within the Union; stresses that a consistent approach between Member States is desirable;
Amendment 487 #
2020/2018(INL)
Motion for a resolution
Paragraph 31
Paragraph 31
Amendment 495 #
2020/2018(INL)
Motion for a resolution
Paragraph 31 a (new)
Paragraph 31 a (new)
31a. Considers that a network of independent National Enforcement Bodies (NEBs) on DSA should be reinforced;
Amendment 520 #
2020/2018(INL)
Motion for a resolution
Annex I – part I – paragraph 4
Annex I – part I – paragraph 4
The Digital Services Act should respect the broad framework of fundamental European rights of users and consumers, such as the protection of privacy, non-discrimination, dignity, fairness and free speechdom of expression;
Amendment 893 #
2020/2018(INL)
Motion for a resolution
Annex I – part VIII – paragraph 2
Annex I – part VIII – paragraph 2
Amendment 898 #
2020/2018(INL)
Motion for a resolution
Annex I – part VIII – paragraph 3
Annex I – part VIII – paragraph 3
Amendment 903 #
2020/2018(INL)
Motion for a resolution
Annex I – part VIII – paragraph 4
Annex I – part VIII – paragraph 4
Amendment 915 #
2020/2018(INL)
Motion for a resolution
Annex I – part VIII – paragraph 5
Annex I – part VIII – paragraph 5
Amendment 23 #
2020/2017(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. Stresses the importance to avoid a purely notional and sterile use of AI in education which would undermine educational bonds between pupils, students and other learners and teachers, as well as between children and parents; the human dimension of education must remain at the forefront;
Amendment 33 #
2020/2017(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Calls on the Commission to include the education sector in the regulatory framework for high-risk AI applications given the importance of ensuring that education continues to contribute to the public good and given the high sensitivity of data on pupils, students and other learners; underlines that data sets used to train AI should be reviewed to avoid reinforcing gender stereotypes and other biases;
Amendment 35 #
2020/2017(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Calls on the Commission to include the education sector in the regulatory framework for high-risk AI applications given the importance of ensuring that education continues to contribute to the public good and given the high sensitivity of data on pupils, students and other learners, also considering threats and vulnerabilities coming from cyberspace; underlines that data sets used to train AI should be reviewed to avoid reinforcing gender stereotypes and other biases;
Amendment 59 #
2020/2017(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Expresses its concern that schools and other public education providers are becoming increasingly dependent on educational technology services, including AI applications, provided by just a few technology companies; stresses that this may lead to unequal access to data and limit competition by restricting consumer choice; calls for this data to be shared with the relevant public authorities and monitored by them, so it can be used in the development of curricula and pedagogical practices (in particular since these services are purchased with public money or offered to public education providers for free, and because education is a common good);
Amendment 105 #
2020/2017(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Calls for recommendation algorithms and personalised marketing on audiovisual platforms, including video streaming platforms and news platforms, to be transparent and easily recognisable, in order to give consumers insight into these processes and ensure that personalised services are not discriminatory; stresses the need to guarantee and properly implement the right of users to opt out from recommended and personalised services.
Amendment 110 #
2020/2017(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6 a. recalls how Artificial intelligence could be a perfect tool to allow a wide audience of users to remotely enjoy public cultural heritage (e.g. exhibitions or museums) for information purposes, "tourism", but also research; therefore encourages cultural institutions to exploit the potential of AI to make their contents widely accessible;
Amendment 111 #
2020/2017(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6 a. Suggests that audiovisual content for educational purposes should be catalogued and classified according to age groups in order to facilitate an effective selection of the most suitable contents;
Amendment 118 #
2020/2017(INI)
Draft opinion
Paragraph 6 b (new)
Paragraph 6 b (new)
6 b. supports the use of AI related to the dissemination of texts and manuscripts, especially ancient ones, through the web, to preserve them from destruction but at the same time to make them accessible to a wide mass of users, including researchers, experts and scholars.
Amendment 28 #
2020/2007(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Regrets that insufficientcomplete national implementation of existing legislation continues to seriously hamper the free mobility of workers within the EU to the detriment of workers and the European economy as a whole;
Amendment 43 #
2020/2007(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Stresses that while it is a competence of Member States to regulate a certain profession, they must respect the limits of the principles of non- discrimination and proportionality, as explicitly stipulated in the Proportionality Test Directive; regrets that the assessment of proportionality is rarely carried out; calls on the Commission to define the concept of proportionality more precisely and to provide Member States with practical guidelines for its application;
Amendment 60 #
2020/2007(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Recalls that the Services Directive and the PQD build on the principle of mutual recognition to facilitate free movement of services; calls on the Member States to extend mutual recognition to more levels of education and to improve or introduce the necessary procedures as soon as possible; recalls that the country of destination principle was not included in the Services Directive;
Amendment 62 #
2020/2007(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. EncouragesCalls on the Commission to fully enforce existing rulnot to exceed its competences disproportionately and, in accordance with the principle of subsidiarity, to give the Member States room for development in their policies and legislation on the free movement of workers and services; calls for alternative resolution mechanisms to be assessed and for infringement procedures to be applied swiftly and rigorously whenever breaches of relevant legislation are identified or disproportionate non-regulatory burdens introduced;
Amendment 132 #
2020/0374(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) A small number of large – non- European and notably American – providers of core platform services have emerged with considerable economic power. Typically, they feature an ability to connect many business users with many end users through their services which, in turn, allows them to leverage their advantages and abuse their position, such as their access to large amounts of data, from one area of their activity to new ones. Some of these providers exercise control over whole platform ecosystems in the digital economy and are structurally extremely difficult to challenge or contest by existing or new market operators, irrespective of how innovative and efficient these may be. Contestability is particularly reduced due to the existence of very high barriers to entry or exit, including high investment costs, which cannot, or not easily, be recuperated in case of exit, and absence of (or reduced access to) some key inputs in the digital economy, such as data. As a result, the likelihood increases that the underlying markets do not function well – or will soon fail to function well – to the detriment of European businesses and consumers.
Amendment 138 #
2020/0374(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) Therefore, bBusiness users and end- users of core platform services provided by gatekeepers should be afforded appropriate regulatory safeguards throughout the Union and the Member States against the unfair behaviour of gatekeepers in order to facilitate cross- border business within the Union and thereby improve the proper functioning of the internal market and to address existing or likely emerging fragmentation in the specific areas covered by this Regulation. Moreover, while gatekeepers tend to adopt global or at least pan-European business models and algorithmic structures, they can adopt, and in some cases have adopted, different and unfair business conditions and practices in different Member States, which is liable to create disparities between thewhich create unequal competitive conditions for the users of core platform services provided by gatekeepers, to the detriment of integration with and prevent commercial alternatives, including future innovative players and European digital businesses and SMEs, from entering and operating in the interndigital market.
Amendment 204 #
2020/0374(COD)
Proposal for a regulation
Recital 33
Recital 33
(33) The obligations laid down in this Regulation are limited to what is necessary and justified to address the unfairness of the identified practices by gatekeepers and to ensure contestability in relation to core platform services provided by gatekeepers. Therefore, the obligations should correspond to those practices that are considered unfair by taking into account the features of the digital sector and where experience gained, for example in the enforcement of the EU and national competition rules, shows that they have a particularly negative direct impact on the business users and end users as well as businesses operating in the digital market including innovative players and European digital businesses and SMEs. In addition, it is necessary to provide for the possibility of a regulatory dialogue with gatekeepers to tailor those obligations that are likely to require specific implementing measures in order to ensure their effectiveness and proportionality. The obligations should only be updated after a thorough investigation on the nature and impact of specific practices that may be newly identified, following an in-depth investigation, as unfair or limiting contestability in the same manner as the unfair practices laid down in this Regulation while potentially escaping the scope of the current set of obligations.
Amendment 317 #
2020/0374(COD)
Proposal for a regulation
Recital 58
Recital 58
(58) To ensure the effectiveness of the obligations laid down by this Regulation, while also making certain that these obligations are limited to what is necessary to ensure contestability and tackling the harmful effects of the unfair behaviour by gatekeepers, it is important to clearly define and circumscribe them so as to allow the gatekeeper to immediately comply with them, in full respect of Regulation (EU) 2016/679 and Directive 2002/58/EC, consumer protection, cyber security and product safety. The gatekeepers should ensure the compliance with this Regulation by design. The necessary measures should therefore be as much as possible and where relevant integrated into the technological design used by the gatekeepers. However, it may in certain cases be appropriate for the Commission, following a dialogue with the gatekeeper concerned, to further specify some of the measures that the gatekeeper concerned should adopt in order to effectively comply with those obligations that are susceptible of being further specified. This possibility of a regulatory dialogue should facilitate compliance by gatekeepers and expedite the correct implementation of the Regulation. This procedure may be initiated at the request of a competent national authority. The competent national authorities shall be consulted during the procedure.
Amendment 353 #
2020/0374(COD)
Proposal for a regulation
Recital 68
Recital 68
(68) In order to ensure effective implementation and compliance with this Regulation, the Commission should haveand the Member States should pool their strong investigative and enforcement powers, to allow it to investigate, enforce and monitor the rules laid down in this Regulation, while at the same time ensuring the respect for the fundamental right to be heard and to have access to the file in the context of the enforcement proceedings. The Commission should dispose of these investigative powers also for the purpose of carrying out market investigations for the purpose of updating and reviewing this Regulation.
Amendment 376 #
2020/0374(COD)
Proposal for a regulation
Recital 79 – introductory part
Recital 79 – introductory part
(79) The objective of this Regulation is to ensure a contestable and fair digital sector in general and core platform services in particular, with a view to promoting innovation, high quality of digital products and services, fair and competitive prices, as well as a high quality and choice for end users in the digital sector. This cannot be sufficiently achieved by the Member States, but can only, by reason of the business model and operae Regulation should also create the conditions ofor the gatekeepers and the scale and effects of their operations, be fully achieved at Union leveldevelopment of the digital sector in Europe. The Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve that objective.
Amendment 383 #
2020/0374(COD)
Proposal for a regulation
Article premier – paragraph 1
Article premier – paragraph 1
1. This Regulation layse purpose of this Regulation is to contribute to the proper functioning of the internal market and consumer protection by laying down harmonised rules ensuring contestable and fair markets in the digital sector across the Union for European undertakings, including SMEs, where gatekeepers are present.
Amendment 607 #
2020/0374(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point a a (new)
Article 5 – paragraph 1 – point a a (new)
(a a) Any multinational gatekeeper wishing to continue operating in the internal market must establish itself in the European Union and develop local jobs.
Amendment 608 #
2020/0374(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point a b (new)
Article 5 – paragraph 1 – point a b (new)
(a b) The creation of local jobs shall be used by the competent national authorities and the Commission in the procedures to determine whether the gatekeepers have fulfilled their obligations.
Amendment 706 #
2020/0374(COD)
Proposal for a regulation
Article 5 – paragraph 1 a (new)
Article 5 – paragraph 1 a (new)
Gatekeepers shall report annually to the Commission the number of employees based in each Member State and the percentage of total global employees for each core platform service identified by this Regulation.
Amendment 901 #
2020/0374(COD)
Proposal for a regulation
Article 8 – paragraph 3
Article 8 – paragraph 3
Amendment 907 #
2020/0374(COD)
Proposal for a regulation
Article 9 – paragraph 2 – point a
Article 9 – paragraph 2 – point a
Amendment 928 #
2020/0374(COD)
Proposal for a regulation
Article 10 – paragraph 2 – point b
Article 10 – paragraph 2 – point b
(b) the contestability of markets is weakened as a consequence of such a practice engaged in by gatekeepers, in particular where businesses operating in the digital market, including innovative players and European digital businesses or SMEs, are hindered.
Amendment 957 #
2020/0374(COD)
Proposal for a regulation
Article 12 – paragraph 1 – introductory part
Article 12 – paragraph 1 – introductory part
1. A gatekeeper shall inform the Commission and the competent national authorities of any intended concentration within the meaning of Article 3 of Regulation (EC) No 139/2004 involving another provider of core platform services or of any other services provided in the digital sector irrespective of whether it is notifiable to a Union competition authority under Regulation (EC) No 139/2004 or to a competent national competition authority under national merger rules.
Amendment 979 #
2020/0374(COD)
Proposal for a regulation
Article 15 – paragraph 1
Article 15 – paragraph 1
1. The Commission may conduct a market investigation, on which it shall cooperate with the competent national authorities, for the purpose of examining whether a provider of core platform services should be designated as a gatekeeper pursuant to Article 3(6), or in order to identify core platform services for a gatekeeper pursuant to Article 3(7). It shall endeavour to conclude its investigation by adopting a decision in accordance with the advisory procedure referred to in Article 32(4) within twelvesix months from the opening of the market investigation.
Amendment 1019 #
2020/0374(COD)
Proposal for a regulation
Article 16 – paragraph 3
Article 16 – paragraph 3
3. A gatekeeper shall be deemed to have engaged in a systematic non- compliance with the obligations laid down in Articles 5 and 6, where the Commission has issued at least three non-compliance or fining decisions pursuant to Articles 25 and 26 respectively against a gatekeeper in relation to any of its core platform services within a period of five years prior to the adoption of the decision opening a market investigation in view of the possible adoption of a decision pursuant to this Article.
Amendment 1055 #
2020/0374(COD)
Proposal for a regulation
Article 19 – paragraph 6
Article 19 – paragraph 6
6. At the request of the Commission, the governments and authorities of the Member States shall provide the Commission with all necessary information to carry out the duties assigned to it by this Regulation. Competent national authorities or any stakeholder may also on their own initiative provide the Commission or the European High-Level Group of Digital Regulators with information to be taken into account in their deliberations.
Amendment 1190 #
2020/0374(COD)
Proposal for a regulation
Article 38 – paragraph 2
Article 38 – paragraph 2
2. The evaluations shall establish whether additional rules, including regarding the list of core platform services laid down in point 2 of Article 2, the obligations laid down in Articles 5 and 6 and their enforcement, may be required to ensure that digital markets across the Union are contestable and fair and to what extent this Regulation is helping to develop the European digital market. Following the evaluations, the Commission shall take appropriate measures, which may include legislative proposals.
Amendment 26 #
2020/0365(COD)
Proposal for a directive
Recital 1
Recital 1
(1) Council Directive 2008/114/EC17 provides for a procedure for designating European critical infrastructures in the energy and transport sectors, the disruption or destruction of which would have significant cross-border impact on at least two Member States. That Directive focused exclusively on the protection of such infrastructures. However, the evaluation of Directive 2008/114/EC18 conducted in 2019 found that due to the increasingly interconnected and cross-border nature of operations using critical infrastructure, protective measures relating to individual assets alone are insufficient to prevent all disruptions from taking place. Therefore, it is necessary to shift the approach towards ensuring the resilience of critical entities, that is, their ability to mitigate, absorb, react to, accommodate to and recover from incidents that have the potential to disrupt the operations of the critical entity. _________________ 17Council Directive 2008/114/EC of 8 December 2008 on the identification and designation of European critical infrastructures and the assessment of the need to improve their protection (OJ L 345, 23.12.2008, p. 75). 18 SDW(2019) 308.
Amendment 31 #
2020/0365(COD)
Proposal for a directive
Recital 2
Recital 2
(2) Despite existing measures at Union19 and national level aimed at supporting the protection of critical infrastructures in the Union, the entities operating those infrastructures are not adequately equipped to address current and anticipated future risks to their operations that may result in disruptions of the provision of services that are essential for the performance of vital societal functions or economic activities. This is due to a dynamic threat landscape with an evolving terrorist and hybrid threat and growing interdependencies between infrastructures and sectors, as well as an increased physical risk due to industrial accidents, human and cyber actions natural disasters and climate change, which increases the frequency and scale of extreme weather events and brings long-term changes in average climate that can reduce the capacity and efficiency of certain infrastructure types if resilience or climate adaptation measures are not in place. Moreover, relevant sectors and types of entities are not recognised consistently as critical in all Member States. _________________ 19European Programme for Critical Infrastructure Protection (EPCIP).
Amendment 34 #
2020/0365(COD)
Proposal for a directive
Recital 3
Recital 3
(3) Those growing interdependencies are the result of an increasingly cross- border and interdependent network of service provision using key infrastructures across the Union in the sectors of energy, transport, banking, financial market infrastructure, digital infrastructure, drinking and waste water, health, certain aspects of public administration, as well as space in as far as the provision of certain services depending on ground-based infrastructures that are owned, managed and operated either by Member States or by private parties is concerned, therefore not covering infrastructures owned, managed or operated by or on behalf of the Union as part of its space programmes. These interdependencies mean that any disruption, even one initially confined to one entity or one sector, can have cascading effects more broadly, potentially resulting in far-reaching and long-lasting negative impacts in the delivery of services across the internal market and for the security and safety of Member State citizens. The COVID-19 pandemic has shown the vulnerability of our increasingly interdependent societies in the face of low- probability risks.
Amendment 37 #
2020/0365(COD)
Proposal for a directive
Recital 4
Recital 4
(4) The entities involved in the provision of essential services are increasingly subject to diverging requirements imposed under the laws of the Member States. The fact that some Member States have less stringent security requirements on these entities not only risks impacting negatively on the maintenance of vital societal functions or economic activities across the Union, it also leads to obstacles to the proper functioning of the internal market and affects the safety and security of Member State citizens. Similar types of entities are considered as critical in some Member States but not in others, and those which are identified as critical are subject to divergent requirements in different Member States. This results in additional and unnecessary administrative burdens for companies operating across borders, notably for companies active in Member States with more stringent requirements.
Amendment 40 #
2020/0365(COD)
Proposal for a directive
Recital 7
Recital 7
(7) Certain sectors of the economy such as energy and transport are already regulated or may be regulated in the future by sector-specific acts of national or Union law that contain rules related to certain aspects of resilience of entities operating in those sectors. In order to address in a comprehensive manner the resilience of those entities that are critical for the proper functioning of the internal market, those sector-specific measures should be complemented by the ones provided for in this Directive, which creates an overarching framework that addresses critical entities’ resilience in respect of all hazards, that is, natural and man-made, accidental and intentional.
Amendment 42 #
2020/0365(COD)
Proposal for a directive
Recital 8
Recital 8
(8) Given the importance of cybersecurity for the resilience of critical entities and in the interest of consistency, a coherent approach between this Directive and Directive (EU) XX/YY of the European Parliament and of the Council20 [Proposed Directive on measures for a high common level of cybersecurity across the Union; (hereafter “NIS 2 Directive”)] is necessary wherever possible, preventing any overlap that could hinder the simultaneous legislative effectiveness of the two regulations. In view of the higher frequency and particular characteristics of cyber risks, the NIS 2 Directive imposes comprehensive requirements on a large set of entities to ensure their cybersecurity. Given that cybersecurity is addressed sufficiently in the NIS 2 Directive, the matters covered by it should be excluded from the scope of this Directive, without prejudice to the particular regime for entities in the digital infrastructure sector. _________________ 20 [Reference to NIS 2 Directive, once adopted.]
Amendment 44 #
2020/0365(COD)
Proposal for a directive
Recital 10
Recital 10
(10) In view of ensuring a comprehensive approach to the resilience of critical entities, each Member State should have a strategy setting out objectives and policy measures to be implemented. To achieve this, Member States should ensure that their cybersecurity strategies provide for a policy framework for enhanced coordination between the competent authority under this Directive and the NIS 2 Directive in the context of information sharing on incidents and cyber threats and the exercise of supervisory tasks without, however, causing additional double costs for operators.
Amendment 45 #
2020/0365(COD)
Proposal for a directive
Recital 11
Recital 11
(11) The actions of Member States to identify and help ensure the resilience of critical entities should follow a risk-based approach that targets efforts to the entities most relevant for the performance of vital societal functions or economic activities. In order to ensure such a targeted approach, each Member State should carry out, within a harmonised framework, an assessment of all relevant natural and man- made risks that may affect the provision of essential services, including accidenindustrial accidents, hybrid threats, natural disasters, public health emergencies such as pandemics, and antagonistic threats, including terrorist offences. When carrying out those risk assessments, Member States should take into account other general or sector-specific risk assessment carried out pursuant to other acts of Union law and should consider the dependencies between sectors, including from other Member States and third countries. The outcomes of the risk assessment should be used in the process of identification of critical entities and to assist those entities in meeting the resilience requirements of this Directive.
Amendment 48 #
2020/0365(COD)
Proposal for a directive
Recital 16
Recital 16
(16) Member States, in coordination with their own national security authorities, should designate authorities competent to supervise the application of and, where necessary, enforce the rules of this Directive and ensure that those authorities are adequately empowered and resourced. In view of the differences in national governance structures and in order to safeguard already existing sectoral arrangements or Union supervisory and regulatory bodies, and to avoid duplication, Member States should be able to designate more than one competent authority. In that case, they should however clearly delineate the respective tasks of the authorities concerned and ensure that they cooperate smoothly and effectively. All competent authorities should also cooperate more generally with other relevant authorities, both at national and Union level.
Amendment 52 #
2020/0365(COD)
Proposal for a directive
Recital 20
Recital 20
(20) In order to be able to ensure their resilience, critical entities should have a comprehensive understanding of all relevant risks to which they are exposed and analyse those risks. To that aim, they should carry out risks assessments, whenever necessary in view of their particular circumstances and the evolution of those risks, yet in any event every four years. The risk assessments by critical entities should be based on the risk assessment carried out by Member States, in close cooperation with police, defence and national security authorities.
Amendment 54 #
2020/0365(COD)
Proposal for a directive
Recital 24
Recital 24
(24) The risk of employees of critical entities misusing for instance their access rights within the entity’s organisation to harm and cause damage is of increasing concern. That risk is exacerbated by the intensity of hybrid threats, which are increasingly difficult to track and identify, and by the growing phenomenon of radicalisation leading to violent extremism and terrorism. It is therefore necessary to enable critical entities to request background checks on persons falling within specific categories of its personnel and to ensure that those requests are assessed expeditiously by the relevant authorities, in accordance with the applicable rules of Union and national law, including on the protection of personal data. Specific training for employees and operators should be developed.
Amendment 55 #
2020/0365(COD)
Proposal for a directive
Recital 25
Recital 25
(25) Critical entities should notify, as soon as reasonably possible under the given circumstances, Member States’ competent authorities of incidents that significantly disrupt or have the potential to significantly disrupt their operations. The notification should allow the competent authorities to respond to the incidents rapidly and adequately to prevent even worse consequences and to have a comprehensive overview of the overall risks that critical entities face. For that purpose, a procedure should be established for the notification of certain incidents and parameters should be provided for to determine when the actual or potential disruption is significant and the incidents should thus be notified. Given the potential cross-border impacts of such disruptions, a procedure should be established for Member States to inform other affected Member States via single points of contacts. Given the sensitivity of some events, appropriate forms of confidentiality should be established, together with mechanisms to prevent the dissemination of uncontrolled information.
Amendment 56 #
2020/0365(COD)
Proposal for a directive
Article 1 – paragraph 1 – point a
Article 1 – paragraph 1 – point a
(a) lays down obligations for Member States to take certain measures aimed at ensuring the provision in the internal market of services essential for the maintenance of vital societal functions or economic activities, in particular to identify critical entities and entities to be treated as equivalent in certain respects, and to enable them to meet their obligations, especially if they are particularly vulnerable;
Amendment 58 #
2020/0365(COD)
Proposal for a directive
Article 1 – paragraph 1 – point b
Article 1 – paragraph 1 – point b
(b) establishes obligations for critical entities aimed at enhancing their resilience and improving their ability to provide those services in the internal market and, in the event of an interruption, to quickly limit any damage or consequences in consultation with the designated national authorities;
Amendment 60 #
2020/0365(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 7 a (new)
Article 2 – paragraph 1 – point 7 a (new)
(7a) ‘security-critical technologies’ means the technologies needed to ensure that critical entities are resilient to hostile threats such as terrorism and hybrid threats.
Amendment 61 #
2020/0365(COD)
Proposal for a directive
Article 3 – paragraph 2 – point a
Article 3 – paragraph 2 – point a
(a) strategic objectives and priorities for the purposes of enhancing the overall resilience of critical entities and their supply chain taking into account cross- border and cross-sectoral interdependencies;
Amendment 62 #
2020/0365(COD)
Proposal for a directive
Article 3 – paragraph 2 – point b
Article 3 – paragraph 2 – point b
(b) a governance framework to achieve the strategic objectives and priorities, including a description of the roles and responsibilities of the different authorities, (public and private) critical entities and other parties involved in the implementation of the strategy, including, where necessary, police, defence and national security authorities;
Amendment 63 #
2020/0365(COD)
(c) a description of measures necessary to enhance the overall resilience of critical entities, including a national risk assessment, the identification of critical entities and of entities equivalent to critical entities, and the measures to support critical entities taken in accordance with this Chapter, including measures to establish a cooperation framework among stakeholders, including critical entities, operators and suppliers of technology solutions;
Amendment 64 #
2020/0365(COD)
Proposal for a directive
Article 3 – paragraph 2 – point d a (new)
Article 3 – paragraph 2 – point d a (new)
(da) the identification of technological needs and gaps to be addressed to ensure that critical entities are resilient, including security-critical technologies such as secure communications, biometrics, artificial intelligence, autonomous vehicles and space observation.
Amendment 67 #
2020/0365(COD)
Proposal for a directive
Article 4 – paragraph 1 – subparagraph 2
Article 4 – paragraph 1 – subparagraph 2
The risk assessment shall account for all relevant natural and man-made risks, including accidenindustrial accidents, hybrid threats, natural disasters, public health emergencies, antagonistic threats, including terrorist offences pursuant to Directive (EU) 2017/541 of the European Parliament and of the Council34. _________________ 34 Directive (EU) 2017/541 of the European Parliament and of the Council of 15 March 2017 on combating terrorism and replacing Council Framework Decision 2002/475/JHA and amending Council Decision 2005/671/JHA (OJ L 88, 31.3.2017, p. 6).
Amendment 69 #
2020/0365(COD)
Proposal for a directive
Article 6 – paragraph 1 – point c
Article 6 – paragraph 1 – point c
(c) the impacts that incidents could have, in terms of degree and duration, on economic and societal activities, the environment, public administration, health, energy supplies, national defence and public safety;
Amendment 71 #
2020/0365(COD)
Proposal for a directive
Article 8 – paragraph 5
Article 8 – paragraph 5
5. Member States shall ensure that their competent authorities, whenever appropriate, and in accordance with Union and national law, consult and cooperate with other relevant national authorities, in particular those in charge of national security, defence, civil protection, law enforcement and protection of personal data, as well as with relevant interested parties, including critical entities.
Amendment 72 #
2020/0365(COD)
Proposal for a directive
Article 9 – paragraph 1
Article 9 – paragraph 1
1. Member States shall support critical entities in enhancing their resilience, developing protocols, agreements, cooperation and exchange of information and expertise between the public and private sectors. That support may include developing guidance materials and methodologies, supporting the organisation of exercises to test their resilience and providing training to personnel of critical entities.
Amendment 76 #
2020/0365(COD)
Proposal for a directive
Article 10 – paragraph 2
Article 10 – paragraph 2
The risk assessment shall account for all relevant risks referred to in Article 4(1) which could lead to the disruption of the provision of essential services, including an assessment of the international situation. It shall take into account any dependency of other sectors referred to in the Annex on the essential service provided by the critical entity, including in neighbouring Member States and third countries where relevant, and the impact that a disruption of the provision of essential services in one or more of those sectors may have on the essential service provided by the critical entity.
Amendment 77 #
2020/0365(COD)
Proposal for a directive
Article 11 – paragraph 1 – point a
Article 11 – paragraph 1 – point a
(a) prevent incidents from occurring, including through disaster risk reduction and climate adaptation measuresmeasures and measures to protect against hybrid threats and industrial accidents and limit the effects of climate change;
Amendment 78 #
2020/0365(COD)
Proposal for a directive
Article 11 – paragraph 1 – point e
Article 11 – paragraph 1 – point e
(e) ensure adequate employee and training security management, including by setting out categories of personnel exercising critical functions, establishing access rights to sensitive areas, facilities and other infrastructure, and to sensitive information as well as identifying specific categories of personnel in view of Article 12;
Amendment 79 #
2020/0365(COD)
Proposal for a directive
Article 11 – paragraph 1 – point f
Article 11 – paragraph 1 – point f
(f) raise awareness about and provide training on the measures referred to in points (a) to (e) among relevant personnel and operators.
Amendment 102 #
2020/0365(COD)
Proposal for a directive
Recital 1
Recital 1
(1) Council Directive 2008/114/EC17 provides for a procedure for designating European critical infrastructures in the energy and transport sectors, the disruption or destruction of which would have significant cross-border impact on at least two Member States. That Directive focused exclusively on the protection of such infrastructures. However, the evaluation of Directive 2008/114/EC conducted in 201918 found that due to the increasingly interconnected and cross-border nature of operations using critical infrastructure, protective measures relating to individual assets alone are insufficient to prevent all disruptions from taking place. Therefore, it is necessary to shift the approach towards ensuring the resilience of critical entities, that is, their ability to mitigate, absorb, react to, accommodate to and recover from incidents that have the potential to disrupt the operations of the critical entity. __________________ 17Council Directive 2008/114/EC of 8 December 2008 on the identification and designation of European critical infrastructures and the assessment of the need to improve their protection (OJ L 345, 23.12.2008, p.75). 18 SWD(2019) 308.
Amendment 103 #
2020/0365(COD)
Proposal for a directive
Recital 2
Recital 2
(2) Despite existing measures at Union19 and national level aimed at supporting the protection of critical infrastructures in the Union, the entities operating those infrastructures are not adequately equipped to address current and anticipated future risks to their operations that may result in disruptions of the provision of services that are essential for the performance of vital societal functions or economic activities. This is due to a dynamic threat landscape with an evolving state-sponsored hybrid actions and terrorist threats and growing interdependencies between infrastructures and sectors, as well as an increased physical risk due toman-made hazards and cyber attacks, natural disasters and climate change, which increases the frequency and scale of extreme weather events and brings long-term changes in average climate that can reduce the capacity and efficiency of certain infrastructure types if resilience or climate adaptation measures are not in place. Moreover, relevant sectors and types of entities are not recognised consistently as critical in all Member States. __________________ 19European Programme for Critical Infrastructure Protection (EPCIP).
Amendment 104 #
2020/0365(COD)
Proposal for a directive
Recital 3
Recital 3
(3) Those growing interdependencies are the result of an increasingly cross- border and interdependent network of service provision using key infrastructures across the Union in the sectors of energy, transport, banking, financial market infrastructure, digital infrastructure, drinking and waste water, health, certain aspects of public administration, as well as space in as far as the provision of certain services depending on ground-based infrastructures that are owned, managed and operated either by Member States or by private parties is concerned, therefore not covering infrastructures owned, managed or operated by or on behalf of the Union as part of its space programmes. These interdependencies mean that any disruption, even one initially confined to one entity or one sector, can have cascading effects more broadly, potentially resulting in far-reaching and long-lasting negative impacts in the delivery of services across the internal market and on consumers in the Union. The COVID-19 pandemic has shown the vulnerability of our increasingly interdependent societies in the face of low-probability risks.
Amendment 106 #
2020/0365(COD)
Proposal for a directive
Recital 4
Recital 4
(4) The entities involved in the provision of essential services are increasingly subject to diverging requirements imposed under the laws of the Member States. The fact that some Member States have less stringent security requirements on these entities not only risks impacting negatively on the maintenance of vital societal functions or economic activities across the Union, it also leads to obstacles to the proper functioning of the internal market and it negatively affects consumers. Similar types of entities are considered as critical in some Member States but not in others, and those which are identified as critical are subject to divergent requirements in different Member States. This results in additional and unnecessary administrative burdens for companies operating across borders, notably for companies active in Member States with more stringent requirements.
Amendment 111 #
2020/0365(COD)
Proposal for a directive
Recital 11
Recital 11
(11) The actions of Member States to identify and help ensure the resilience of critical entities should follow a risk-based approach that targets efforts to the entities most relevant for the performance of vital societal functions or economic activities. In order to ensure such a targeted approach, each Member State should carry out, within a harmonised framework, an assessment of all relevant natural and man- made risks that may affect the provision of essential services, including accidents, hybrid threats, natural disasters, public health emergencies such as pandemics, and antagonistic threats, including terrorist offences. When carrying out those risk assessments, Member States should take into account other general or sector- specific risk assessment carried out pursuant to other acts of Union law and should consider the dependencies between sectors, including from other Member States and third countries. The outcomes of the risk assessment should be used in the process of identification of critical entities and to assist those entities in meeting the resilience requirements of this Directive.
Amendment 115 #
2020/0365(COD)
Proposal for a directive
Recital 16
Recital 16
(16) In coordination with their national relevant authorities, Member States, should designate authorities competent to supervise the application of and, where necessary, enforce the rules of this Directive and ensure that those authorities are adequately empowered and resourced. In view of the differences in national governance structures and in order to safeguard already existing sectoral arrangements or Union supervisory and regulatory bodies, and to avoid duplication, Member States should be able to designate more than one competent authority. In that case, they should however clearly delineate the respective tasks of the authorities concerned and ensure that they cooperate smoothly and effectively. All competent authorities should also cooperate more generally with other relevant authorities, both at national and Union level.
Amendment 121 #
2020/0365(COD)
Proposal for a directive
Recital 20
Recital 20
(20) In order to be able to ensure their resilience, critical entities should have a comprehensive understanding of all relevant risks to which they are exposed and analyse those risks. To that aim, they should carry out risks assessments, whenever necessary in view of their particular circumstances and the evolution of those risks, yet in any event every four years. The risk assessments by critical entities should be based on the risk assessment carried out by Member States, ensuring close cooperation between relevant authorities.
Amendment 122 #
2020/0365(COD)
Proposal for a directive
Recital 24
Recital 24
(24) The risk of employees of critical entities misusing for instance their access rights within the entity’s organisation to harm and cause damage is of increasing concern. That risk is exacerbated by the growing intensity of hybrid threats, which are increasingly difficult to track and identify, but also by the phenomenon of radicalisation leading to violent extremism and terrorism. It is therefore necessary to enable critical entities to request background checks on persons falling within specific categories of its personnel and to ensure that those requests are assessed expeditiously by the relevant authorities, in accordance with the applicable rules of Union and national law, including on the protection of personal data. Specific trainings for employees and operators should be established.
Amendment 123 #
2020/0365(COD)
Proposal for a directive
Recital 25
Recital 25
(25) Critical entities should notify, as soon as reasonably possible under the given circumstances, Member States’ competent authorities of incidents that significantly disrupt or have the potential to significantly disrupt their operations. The notification should allow the competent authorities to respond to the incidents rapidly and adequately to avoid further and more negative consequences and to have a comprehensive overview of the overall risks that critical entities face. For that purpose, a procedure should be established for the notification of certain incidents and parameters should be provided for to determine when the actual or potential disruption is significant and the incidents should thus be notified. Given the potential cross-border impacts of such disruptions, a procedure should be established for Member States to inform other affected Member States via single points of contacts. Given the sensitivity of certain events, appropriate forms of confidentiality should be ensured, together with mechanisms to prevent the dissemination of uncontrolled information.
Amendment 125 #
2020/0365(COD)
Proposal for a directive
Article 1 – paragraph 1 – point a
Article 1 – paragraph 1 – point a
(a) lays down obligations for Member States to take certain measures aimed at ensuring the provision in the internal market of services essential for the maintenance of vital societal functions or economic activities, in particular to identify critical entities and entities to be treated as equivalent in certain respects, and to enable them to meet their obligations, especially if they are particularly vulnerable;
Amendment 126 #
2020/0365(COD)
Proposal for a directive
Article 1 – paragraph 1 – point b
Article 1 – paragraph 1 – point b
(b) establishes obligations for critical entities aimed at enhancing their resilience and improving their ability to provide those services in the internal market, and, in the event of an interruption, to promptly limit the damage or mitigate possible consequences in consultation with the designated national authorities;
Amendment 141 #
2020/0365(COD)
Proposal for a directive
Article 4 – paragraph 1 – subparagraph 2
Article 4 – paragraph 1 – subparagraph 2
The risk assessment shall account for all relevant natural and man-made risks, including accidents, hybrid threats, natural disasters, public health emergencies, antagonistic threats, including terrorist offences pursuant to Directive (EU) 2017/541 of the European Parliament and of the Council34 . __________________ 34Directive (EU) 2017/541 of the European Parliament and of the Council of 15 March 2017 on combating terrorism and replacing Council Framework Decision 2002/475/JHA and amending Council Decision 2005/671/JHA (OJ L 88, 31.3.2017, p. 6).
Amendment 154 #
2020/0365(COD)
Proposal for a directive
Article 6 – paragraph 1 – point c
Article 6 – paragraph 1 – point c
(c) the impacts that incidents could have, in terms of degree and duration, on economic and societal activities, the environment and, public safety and the citizens;
Amendment 159 #
2020/0365(COD)
Proposal for a directive
Article 9 – paragraph 1
Article 9 – paragraph 1
1. Member States shall support critical entities in enhancing their resilience and also in developing specific protocols, agreements, cooperation and exchange of information and expertise between the public and the private sector. That support may include developing guidance materials and methodologies, supporting the organisation of exercises to test their resilience and providing training to personnel of critical entities.
Amendment 162 #
2020/0365(COD)
Proposal for a directive
Article 10 – paragraph 2
Article 10 – paragraph 2
The risk assessment shall account for all relevant risks referred to in Article 4(1) which could lead to the disruption of the provision of essential services, including an assessment of the international situation. It shall take into account any dependency of other sectors referred to in the Annex on the essential service provided by the critical entity, including in neighbouring Member States and third countries where relevant, and the impact that a disruption of the provision of essential services in one or more of those sectors may have on the essential service provided by the critical entity.
Amendment 164 #
2020/0365(COD)
Proposal for a directive
Article 11 – paragraph 1 – point a
Article 11 – paragraph 1 – point a
(a) prevent incidents from occurring, including through disaster risk reduction, protection from hybrid threats and climate adaptation measures;
Amendment 165 #
2020/0365(COD)
Proposal for a directive
Article 11 – paragraph 1 – point e
Article 11 – paragraph 1 – point e
(e) ensure adequate employee security management and training, including by setting out categories of personnel exercising critical functions, establishing access rights to sensitive areas, facilities and other infrastructure, and to sensitive information as well as identifying specific categories of personnel in view of Article 12;
Amendment 166 #
2020/0365(COD)
Proposal for a directive
Article 11 – paragraph 1 – point f
Article 11 – paragraph 1 – point f
(f) raise awareness and train employees and operators about the measures referred to in points (a) to (e) among relevant personnel.
Amendment 189 #
2020/0361(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) Responsible and diligent behaviour by providers of intermediary services is essential for a safe, accessible, predictable and trusted online environment and for allowing Union citizens and other persons to exercise their fundamental rights guaranteed in the Charter of Fundamental Rights of the European Union (‘Charter’), in particular the freedom of expression and information and the freedom to conduct a business, and the right to non- discrimination.
Amendment 191 #
2020/0361(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) Therefore, in order to safeguard and improve the functioning of the internal market, a targeted set of uniform, effective and proportionate mandatory rules should be established at Union level. This Regulation provides the conditions for innovative digital services to emerge and to scale up in the internal market. The approximation of national regulatory measures at Union level concerning the requirements for providers of intermediary services is necessary in order to avoid and put an end to fragmentation of the internal market and to ensure legal certainty, thus reducing uncertainty for developers and fostering interoperability. By using requirements that are technology neutral, innovation should not be hampered but instead be stimulated.
Amendment 196 #
2020/0361(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) This Regulation should apply to providers of certain information society services as defined in Directive (EU) 2015/1535 of the European Parliament and of the Council26 , that is, any service normalfrequently provided for remuneration, at a distance, by electronic means and at the individual request of a recipient. Specifically, this Regulation should apply to providers of intermediary services, and in particular intermediary services consisting of services known as ‘mere conduit’, ‘caching’ and ‘hosting’ services, given that the exponential growth of the use made of those services, mainly for legitimate and socially beneficial purposes of all kinds, has also increased their role in the intermediation and spread of unlawful or otherwise harmful information and activitiesillegal content. __________________ 26Directive (EU) 2015/1535 of the European Parliament and of the Council of 9 September 2015 laying down a procedure for the provision of information in the field of technical regulations and of rules on Information Society services (OJ L 241, 17.9.2015, p. 1).
Amendment 210 #
2020/0361(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) Such a substantial connection to the Union should be considered to exist where the service provider has an establishment in the Union or, in its absence, on the basis of the existence of a significant number of users in one or more Member States, or the targeting of activities towards one or more Member States. The targeting of activities towards one or more Member States can be determined on the basis of all relevant circumstances, including factors such as the use of a language or a currency generally used in that Member State, or the possibility of ordering products or services, or using a national top level domain. The targeting of activities towards a Member State could also be derived from the availability of an application in the relevant national application store, from the provision of local advertising or advertising in the language used in that Member State, or from the handling of customer relations such as by providing customer service in the language generally used in that Member State. A substantial connection should also be assumed where a service provider directs its activities to one or more Member State as set out in Article 17(1)(c) of Regulation (EU) 1215/2012 of the European Parliament and of the Council27 . On the other hand, mere technical accessibility of a website from the Union cannot, on that ground alone, be considered as establishing a substantial connection to the Union. __________________ 27 Regulation (EU) No 1215/2012 of the European Parliament and of the Council of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (OJ L351, 20.12.2012, p.1).
Amendment 280 #
2020/0361(COD)
Proposal for a regulation
Recital 22
Recital 22
(22) In order to benefit from the exemption from liability for hosting services, the provider should, upon obtaining actual knowledge or awareness of illegal content, act expeditiously to remove or to disable access to that content act to remove or to disable access to the illegal content when such content is deemed to be illegal according to Union or Member State law. The removal or disabling of access should be undertaken in the observance of the principle of freedom of expression. The provider can obtain such actual knowledge or awareness throughf the illegal content, in particular, its own- initiative investigations or notices submitted to it by individuals or entities in accordance with this Regulation in so far as those notices are sufficiently precise and adequately substantiated to allow a diligentn economic operator to reasonably identify, assess and where appropriate act against the allegedly illegal content.
Amendment 286 #
2020/0361(COD)
Proposal for a regulation
Recital 23
Recital 23
(23) In order to ensure the effective protection of consumers when engaging in intermediated commercial transactions online, certain providers of hosting services, namely, online platforms that allow consumers to conclude distance contracts with traders, should not be able to benefit from the exemption from liability for hosting service providers established in this Regulation, in so far as those online platforms present the relevant information relating to the transactions at issue in such a way that it leads consumers to believe that the information was provided by those online platforms themselves or by recipients of the service acting under their authority or control, and that those online platforms thus have knowledge of or control over the information, even if that may in reality not be the case. In that regard, is should be determined objectively, on the basis of all relevant circumstances, whether the presentation could lead to such a belief on the side of an average and reasonably well-informed consumer.
Amendment 290 #
2020/0361(COD)
Proposal for a regulation
Recital 23 a (new)
Recital 23 a (new)
(23a) European consumers should be able to safely purchase products and services online, regardless of whether a product or service has been produced in the Union or not. Online platforms allowing distance contracts with third- country traders should establish, before approving that trader on their platform, that the third-country trader complies with the relevant Union or national law on product safety and product compliance. In addition, if the third- country trader does not provide an economic operator inside the Union liable for the product safety, online platforms should not be able to benefit from the exemption from liability for hosting service providers established in this Regulation.
Amendment 357 #
2020/0361(COD)
Proposal for a regulation
Recital 36
Recital 36
(36) In order to facilitate smooth and efficient communications relating to matters covered by this Regulation, providers of intermediary services should be required to establish a single point of contact and to publish relevant information relating to their point of contact, including the languages to be used in such communications. The point of contact can also be used by trusted flaggers and by professional entities which are under a specific relationship with the provider of intermediary services. In contrast to the legal representative, the point of contact should serve operational purposes and should not necessarily have to have a physical location .
Amendment 364 #
2020/0361(COD)
Proposal for a regulation
Recital 38
Recital 38
(38) Whilst the freedom of contract of providers of intermediary services should in principle be respected, it is appropriate to set certain rules on the content, application and enforcement of the terms and conditions of those providers in the interests of transparency, the protection of recipients of the service and the avoidance of unfair or arbitrary outcomes. To this end, the use of algorithmic decision- making processes should be disclosed to users whenever they are employed.
Amendment 407 #
2020/0361(COD)
Proposal for a regulation
Recital 46
Recital 46
Amendment 420 #
2020/0361(COD)
Proposal for a regulation
Recital 47
Recital 47
(47) The misuse of services of online platforms by frequently providing manifestly illegal content or by frequently submitting manifestly unfounded notices or complaints under the mechanisms and systems, respectively, established under this Regulation undermines trust and harms the rights and legitimate interests of the parties concerned. Therefore, there is a need to put in place appropriate and proportionate safeguards against such misuse. Information should be considered to be manifestly illegal content and notices or complaints should be considered manifestly unfounded where it is evident to a layperson, without any substantive analysis, that the content is illegal respectively that the notices or complaints are unfounded. Under certain conditions, online platforms should temporarily suspend their relevant activities in respect of the person engaged in abusive behaviour. This is without prejudice to the freedom by online platforms to determine their terms and conditions and establish stricter measures in the case of manifestly illegal content related to serious crimes. For reasons of transparency, this possibility should be set out, clearly and in sufficiently detail, in the terms and conditions of the online platforms. Redress should always be open to the decisions taken in this regard by online platforms and they should be subject to oversight by the competent Digital Services Coordinator. The rules of this Regulation on misuse should not prevent online platforms from taking other measures to address the provision of illegal content by recipients of their service or other misuse of their services, in accordance with the applicable Union and national law. Those rules are without prejudice to any possibility to hold the persons engaged in misuse liable, including for damages, provided for in Union or national law.
Amendment 432 #
2020/0361(COD)
Proposal for a regulation
Recital 48
Recital 48
(48) An online platform may in some instances become aware, such as through a notice by a notifying party or through its own voluntary measures, of information relating to certain activity of a recipient of the service, such as the provision of certain types of illegal content, that reasonably justify, having regard to all relevant circumstances of which the online platform is aware, the suspicion that the recipient may have committed, may be committing or is likely to commit a serious criminal offence involving a threat to the life or safety of person, such as offences specified in Directive 2011/93/EU of the European Parliament and of the Council44 . In such instances, the online platform should inform without delaypromptly inform the competent law enforcement authorities of such suspicion, providing all relevant information available to it, including where relevant the content in question and an explanation of its suspicion. This Regulation does not provide the legal basis for profiling of recipients of the services with a view to the possible identification of criminal offences by online platforms. Online platforms should also respect other applicable rules of Union or national law for the protection of the rights and freedoms of individuals when informing law enforcement authorities. __________________ 44Directive 2011/93/EU of the European Parliament and of the Council of 13 December 2011 on combating the sexual abuse and sexual exploitation of children and child pornography, and replacing Council Framework Decision 2004/68/JHA (OJ L 335, 17.12.2011, p. 1).
Amendment 442 #
2020/0361(COD)
Proposal for a regulation
Recital 50
Recital 50
(50) To ensure an efficient and adequate application of that obligation, without imposing any disproportionate burdens, the online platforms covered should make reasonable efforts to verify the reliability of the information provided by the traders concerned, in particular by using freely available official online databases and online interfaces, such as national trade registers and the VAT Information Exchange System45 , or by requesting the traders concerned to provide trustworthy supporting documents, such as copies of identity documents, certified bank statements, company certificates and trade register certificates. They may also use other sources, available for use at a distance, which offer a similar degree of reliability for the purpose of complying with this obligation. However, the oOnline pPlatforms covered should not be required to engage in excessive or costly online fact-finding exercises or to carry out verifications on the spot. Nor should such online platforms, which have made the reasonable efforts required by this Regulation, be understood as guamay also ask for support from the Digital Services Coordinator in carrying out these specific obligations. If the trader is established outside the Union and does not cooperate or does not provide sufficient information for the verification of its compliance with the relevant Union or Member State law, this trader should not be admitted to operate and sell its products on the platform. If the trader is already on the platform and should not meet the above criteria, the platform should suspend that trader's account. The trader should be granteeingd the reliapossibility of the information towards consumer or other interested parties. Such oredress in the event of suspension of the business account. Online platforms should also design and organise their online interface in a way that enables traders to comply with their obligations under Union law, in particular the requirements set out in Articles 6 and 8 of Directive 2011/83/EU of the European Parliament and of the Council46 , Article 7 of Directive 2005/29/EC of the European Parliament and of the Council47 and Article 3 of Directive 98/6/EC of the European Parliament and of the Council48 . __________________ 45 https://ec.europa.eu/taxation_customs/vies/ vieshome.do?selectedLanguage=en 46Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights, amending Council Directive 93/13/EEC and Directive 1999/44/EC of the European Parliament and of the Council and repealing Council Directive 85/577/EEC and Directive 97/7/EC of the European Parliament and of the Council 47Directive 2005/29/EC of the European Parliament and of the Council of 11 May 2005 concerning unfair business-to- consumer commercial practices in the internal market and amending Council Directive 84/450/EEC, Directives 97/7/EC, 98/27/EC and 2002/65/EC of the European Parliament and of the Council and Regulation (EC) No 2006/2004 of the European Parliament and of the Council (‘Unfair Commercial Practices Directive’) 48Directive 98/6/EC of the European Parliament and of the Council of 16 February 1998 on consumer protection in the indication of the prices of products offered to consumers
Amendment 485 #
2020/0361(COD)
Proposal for a regulation
Recital 58
Recital 58
(58) Very large online platforms should deploy the necessary means to diligently mitigate the systemic risks identified in the risk assessment. Very large online platforms should under such mitigating measures consider, for example, enhancing or otherwise adapting the design and functioning of their content moderation, algorithmic recommender systems and online interfaces, so that they discourage and limit the dissemination of illegal content, adapting their decision-making processes, or adapting their terms and conditions. They may also include corrective measures, such as discontinuing advertising revenue for specific content, or other actions, such as improving the visibility of authoritative information sources. Very large online platforms may reinforce their internal processes or supervision of any of their activities, in particular as regards the detection of systemic risks. They may also initiate or increase cooperation with trusted flaggers, organise training sessions and exchanges with trusted flagger organisations, and cooperate with other service providers, including by initiating or joining existing codes of conduct or other self-regulatory measures. Any measures adopted should respect the due diligence requirements of this Regulation and be effective and appropriate for mitigating the specific risks identified, in the interest of safeguarding public order, protecting privacy and fighting fraudulent and deceptive commercial practices, and should be proportionate in light of the very large online platform’s economic capacity and the need to avoid unnecessary restrictions on the use of their service, taking due account of potential negative effects on the fundamental rights of the recipients of the service.
Amendment 515 #
2020/0361(COD)
Proposal for a regulation
Recital 67
Recital 67
(67) The Commission and the Board should encourage the drawing-up of codes of conduct to contribute to the application of this Regulation. While the implementation of codes of conduct should be measurable and subject to public oversight, this should not impair the voluntary nature of such codes and the freedom of interested parties to decide whether to participate. In certain circumstances, it is important that very large online platforms cooperate in the drawing-up and adhere to specific codes of conduct. Nothing in this Regulation prevents other service providers from adhering to the same standards of due diligence, adopting best practices and benefitting from the guidance provided by the Commission and the Board, by participating in the same codes of conduct.
Amendment 521 #
2020/0361(COD)
Proposal for a regulation
Recital 68
Recital 68
(68) It is appropriate that this Regulation identify certain areas of consideration for such codes of conduct. In particular, risk mitigation measures concerning specific types of illegal content, for example sharing of images depicting child sexual abuse or terrorist content, should be explored via self- and co-regulatory agreements. Another area for consideration is the possible negative impacts of systemic risks on society and democracy, such as disinformation or manipulative and abusive activities. This includes coordinated operations aimed at amplifying information, including disinformation, such as the use of bots or fake accounts for the creation of fake or misleading information, sometimes with a purpose of obtaining economic gain, which are particularly harmful for vulnerable recipients of the service, such as children. In relation to such areas, adherence to and compliance with a given code of conduct by a very large online platform may be considered as an appropriate risk mitigating measure. The refusal without proper explanations by an online platform of the Commission’s invitation to participate in the application of such a code of conduct could be taken into account, where relevant, when determining whether the online platform has infringed the obligations laid down by this Regulation.
Amendment 526 #
2020/0361(COD)
Proposal for a regulation
Recital 69
Recital 69
(69) The rules on codes of conduct under this Regulation could serve as a basis for already established self-regulatory efforts at Union level, including the Product Safety Pledge, the Memorandum of Understanding against counterfeit goods, the Code of Conduct against illegal hate speech as well as the Code of practice on disinformation. In particular for the latter, the Commission will issue guidance for strengthening the Code of practice on disinformation as announced in the European Democracy Action Plan.
Amendment 568 #
2020/0361(COD)
Proposal for a regulation
Recital 91
Recital 91
(91) The Board should bring together the representatives of the Digital Services Coordinators and possible other competent authorities under the chairmanship of the Commission, with a view to ensuring an careful assessment of matters submitted to it in a fully European dimension. In view of possible cross-cutting elements that may be of relevance for other regulatory frameworks at Union level, the Board should be allowed to cooperate with other Union bodies, offices, agencies and advisory groups with responsibilities in fields such as equality, including equality between women and men, and non- discrimination, data protection, electronic communications, audiovisual services, detection and investigation of frauds against the EU budget as regards custom duties, or consumer protection, as necessary for the performance of its tasks.
Amendment 583 #
2020/0361(COD)
Proposal for a regulation
Recital 98
Recital 98
(98) In view of both the particular challenges that may arise in seeking to ensure compliance by very large online platforms and the importance of doing so effectively, considering their size and impact and the harms that they may cause, the Commission should have strong investigative and enforcement powers to allow it to investigate, enforce and monitor certain of the rules laid down in this Regulation, in full respect of the principle of proportionality and the rights and interests of the affected parties.
Amendment 584 #
2020/0361(COD)
Proposal for a regulation
Recital 99
Recital 99
(99) In particular, the Commission should have access to any relevant documents, data and information necessaryThe Commission, to open and conduct investigations and to monitor the compliance with the relevant obligations laid down in this Rregulation, irrespective of who possesses the documents, data or information in question, and regardless of their form or format, their storage medium, or the precise place where they are stored. The Commission should be able to directly require that the very large online platform concerned or relevant third parties, or than individuals, provide any relevant evidence, data and information. In addition, the Commission should be able to request any relevant information from any public authority, body or agency within the Member State, or from any natural person or legal person for the purpose of this Regulation. The Commission should be empowered to require access to, and explanations relating to, data-bases and algorithms of relevant persons, and to interview, with their consent, any persons who may be in possession of useful information and to record the statements made. The Commission should also be empowered to undertake such inspections as are necessary to enforce the relevant provisions of this Regulation. Those investigatory powers aim to complement the Commission’s possibility to ask Digital Services Coordinators and other Member States’ authorities for assistance, for instance by providing information or in the exercise of those powers
Amendment 611 #
2020/0361(COD)
Proposal for a regulation
Article 1 – paragraph 2 – point b
Article 1 – paragraph 2 – point b
(b) set out uniform rules for a safe, accessible, predictable and trusted online environment, where fundamental rights enshrined in the Charter are effectively protected.
Amendment 629 #
2020/0361(COD)
Proposal for a regulation
Article 1 – paragraph 5 – point b a (new)
Article 1 – paragraph 5 – point b a (new)
(ba) Directive (EU) 2019/882
Amendment 655 #
2020/0361(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point d – introductory part
Article 2 – paragraph 1 – point d – introductory part
(d) ‘to offer services in the Union’ means enabling legal or natural persons in one or more Member States to use the services of the provider of information society services which has a substantial connection to the Union; such a substantial connection is deemed to exist where the provider has an establishment in the Union; in the absence of such an establishment, the assessment of a substantial connection is based on specific factual criteria, such as:
Amendment 658 #
2020/0361(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point d – indent 1
Article 2 – paragraph 1 – point d – indent 1
Amendment 685 #
2020/0361(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point g
Article 2 – paragraph 1 – point g
(g) ‘illegal content’ means any information,, which, in itself or by its reference to an or activity, including the sale of products or provision of services which is not in compliance with Union law or the law of a Member State, irrespective of the precise subject matter or nature of that law;criminal, administrative or civil legal framework of a Member State.
Amendment 739 #
2020/0361(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point q a (new)
Article 2 – paragraph 1 – point q a (new)
(qa) "persons with disabilities" means person within the meaning of Article 3(1) of Directive(EU) 2019/882;
Amendment 759 #
2020/0361(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point b
Article 5 – paragraph 1 – point b
(b) upon obtaining such knowledge or awareness, acts expeditiously, acts to remove or to disable access to the illegal content if the content or activity is to be deemed illegal under Article 2 (g).
Amendment 767 #
2020/0361(COD)
Proposal for a regulation
Article 5 – paragraph 3
Article 5 – paragraph 3
3. Paragraph 1 shall not apply with respect to liability under consumer protection law of online platforms allowing consumers to conclude distance contracts with traders, where such an online platform presents the specific item of information or otherwise enables the specific transaction at issue in a way that would lead an average and reasonably well-informed consumer to believe that the information, or the product or service that is the object of the transaction, is provided either by the online platform itself or by a recipient of the service who is acting under its authority or control. In addition, the liability exemption in paragraph 1 shall not apply in case an online platform allows consumers to conclude distance contracts with third-country traders when there is no economic operator inside the Union liable for the product safety on behalf of that trader.
Amendment 899 #
2020/0361(COD)
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
1. Providers of intermediary services shall establish a single point of contact allowing for direct communication, by electronic means and by telephone, with Member States’ authorities, the Commission and the Board referred to in Article 47 for the application of this Regulation.
Amendment 904 #
2020/0361(COD)
Proposal for a regulation
Article 10 – paragraph 2
Article 10 – paragraph 2
2. Providers of intermediary services shall make public, in a clear and user- friendly manner, the information necessary to easily identify and communicate with their single points of contact.
Amendment 923 #
2020/0361(COD)
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
1. Providers of intermediary services shall include information on any restrictions that they impose in relation to the use of their service in respect of information provided by the recipients of the service, in their terms and conditions. That information shall include information on any policies, procedures, measures and tools used for the purpose of content moderation, including algorithmic decision-making and human review. It shall be set out in clear and unambiguous language and shall be publicly available in an easily accessible formatThe use of algorithmic decision-making processes shall be notified to users whenever they are applied. The users shall be able, where appropriate, to switch easily from interaction with the algorithmic system to human interaction. The information shall be set out in clear and unambiguous language and shall be publicly available in an easily accessible format. Providers of intermediary services shall list the restrictions in relation to the use of their service for the dissemination of content deemed illegal under Union or Member State law in a clear and user- friendly manner, and differentiate the list from the general conditions for the use of their service so as to make the user aware of what is deemed illegal under the law and what is subject to the terms and conditions for the use of the service.
Amendment 991 #
2020/0361(COD)
Proposal for a regulation
Article 13 – paragraph 1 – point d
Article 13 – paragraph 1 – point d
(d) the number of complaints received through the internal complaint-handling system referred to in Article 17, the basis for those complaints, decisions taken in respect of those complaints, measures and tools used for the purpose of content moderation, including the impact of algorithmic decision-making compared to human review, the average time needed for taking those decisions and the number of instances where those decisions were reversed.
Amendment 1032 #
2020/0361(COD)
Proposal for a regulation
Article 14 – paragraph 2 – introductory part
Article 14 – paragraph 2 – introductory part
2. The mechanisms referred to in paragraph 1 shall be such as to facilitate the submission of sufficiently precise and adequately substantiated notices, on the basis of which a diligentn economic operator can identify the illegality of the content in quesestablish, in a diligent manner and without discrimination, whether the notice concerns illegal content as defined in Article 2(g) of these Regulations. To that end, the providers shall take the necessary measures to enable and facilitate the submission of notices containing all of the following elements:
Amendment 1037 #
2020/0361(COD)
Proposal for a regulation
Article 14 – paragraph 2 – point a
Article 14 – paragraph 2 – point a
(a) an explanation of the reasons why the individual or entity considers the information in question to be illegal content. The possibility of identifying, on the basis of a list drawn up in agreement with the Digital Service Coordinator, the type of illegal content to which the individual or entity presumes the reported content below, to should also be foreseen;
Amendment 1053 #
2020/0361(COD)
Proposal for a regulation
Article 14 – paragraph 3
Article 14 – paragraph 3
Amendment 1106 #
2020/0361(COD)
Proposal for a regulation
Article 15 – paragraph 2 – point a
Article 15 – paragraph 2 – point a
(a) whether the decision entails either the removal of, or the disabling of access to, the information and, where relevant, the territorial scope of the disabling of access and the duration;
Amendment 1110 #
2020/0361(COD)
Proposal for a regulation
Article 15 – paragraph 2 – point c
Article 15 – paragraph 2 – point c
(c) where applicable, information on the use made of automated means in taking the decision, including where the decision was taken in respect of content detected or identified using automated means;
Amendment 1148 #
2020/0361(COD)
Proposal for a regulation
Article 17 – paragraph 1 – introductory part
Article 17 – paragraph 1 – introductory part
1. Online platforms shall provide recipients of the service, for a period of at least six months following the decision referred to in this paragraph, the access to an effective and user-friendly internal complaint-handling system, which enables the complaints to be lodged electronically and free of charge, against the following decisions taken by the online platform on the ground that the information provided by the recipients is illegal content or incompatible with its terms and conditions:
Amendment 1176 #
2020/0361(COD)
Proposal for a regulation
Article 17 – paragraph 2
Article 17 – paragraph 2
2. Online platforms shall ensure that their internal complaint-handling systems are easy to access, user-friendly and enable and facilitate the submission of sufficiently precise and adequately substantiated complaints. The complainant shall be able to enter free written explanations in addition to the pre-established complaint options.
Amendment 1185 #
2020/0361(COD)
Proposal for a regulation
Article 17 – paragraph 3
Article 17 – paragraph 3
3. Online platforms shall handle complaints submitted through their internal complaint-handling system in a timely, diligent and objectiveobjective and transparent manner. Where a complaint contains sufficient grounds for the online platform to consider that the information to which the complaint relates is not illegal and is not incompatible with its terms and conditions, or contains information indicating that the complainant’s conduct does not warrant the suspension or termination of the service or the account, it shall reverse its decision referred to in paragraph 1 without undue delay.
Amendment 1187 #
2020/0361(COD)
Proposal for a regulation
Article 17 – paragraph 4
Article 17 – paragraph 4
4. Online platforms shall promptly inform complainants without undue delay of the decision they have taken in respect of the information to which the complaint relates and shall inform complainants of the possibility of out-of-court dispute settlement provided for in Article 18 and other available redress possibilities.
Amendment 1224 #
2020/0361(COD)
Proposal for a regulation
Article 18 – paragraph 2 – subparagraph 1 – point c
Article 18 – paragraph 2 – subparagraph 1 – point c
(c) the dispute settlement is easily accessible, including for persons with disabilities, through electronic communication technology;
Amendment 1229 #
2020/0361(COD)
Proposal for a regulation
Article 18 – paragraph 2 – subparagraph 1 – point d
Article 18 – paragraph 2 – subparagraph 1 – point d
(d) it is capable of settling dispute in a swift, efficient, accessible for persons with disabilities, and cost-effective manner and in at least one official language of the Union and at least in the language of the recipient to whom the decision referred to in Article 17 is addressed;
Amendment 1238 #
2020/0361(COD)
Proposal for a regulation
Article 18 – paragraph 2 – subparagraph 1 – point e
Article 18 – paragraph 2 – subparagraph 1 – point e
(e) the dispute settlement takes place in accordance with clear and fairtransparent rules of procedure.
Amendment 1246 #
2020/0361(COD)
Proposal for a regulation
Article 18 – paragraph 3 – subparagraph 1
Article 18 – paragraph 3 – subparagraph 1
If the body decides the dispute in favour of the recipient of the service, the online platform shall reimburse the recipient for any fees and other reasonable expenses that the recipient has paid or is to pay in relation to the dispute settlement. If the body decides the dispute in favour of the online platform, the recipient shall not be required to reimburse any fees or other expenses that the online platform paid or is to pay in relation to the dispute settlement.
Amendment 1258 #
Amendment 1319 #
2020/0361(COD)
Proposal for a regulation
Article 20 – paragraph 1
Article 20 – paragraph 1
1. Online platforms shall suspend, for a reasonablespecified period of time and after having issued a prior warning, the provision of their services to recipients of the service that frequently provide manifestly illegal content that has been duly declared illegal as defined in Article 2(g). The online platform may request support from the Digital Service Coordinator to establish the frequency for which account suspension is deemed necessary and to set the duration of the suspension.
Amendment 1331 #
2020/0361(COD)
Proposal for a regulation
Article 20 – paragraph 2
Article 20 – paragraph 2
2. Online platforms shall suspend, for a reasonablespecified period of time and after having issued at least three prior warnings, the processing of notices and complaints submitted through the notice and action mechanisms and internal complaints- handling systems referred to in Articles 14 and 17, respectively, by individuals or entities or by complainants that frequently submit notices or complaints that are manifestly unfounded.
Amendment 1335 #
2020/0361(COD)
Proposal for a regulation
Article 20 – paragraph 3 – point a
Article 20 – paragraph 3 – point a
(a) the absolute numbers of items of manifestly illegal content or manifestly unfounded notices or complaints, submitted in the past year;
Amendment 1341 #
2020/0361(COD)
Proposal for a regulation
Article 20 – paragraph 3 – subparagraph 1 a (new)
Article 20 – paragraph 3 – subparagraph 1 a (new)
The assessment must be carried out by qualified staff provided with dedicated training on the applicable legal framework.
Amendment 1359 #
2020/0361(COD)
Proposal for a regulation
Article 21 – paragraph 2 – subparagraph 1
Article 21 – paragraph 2 – subparagraph 1
Where the online platform cannot identify with reasonable certainty the Member State concerned, it shall inform without undue delay the law enforcement authorities of the Member State in which it is established or has its legal representative or inform Europol.
Amendment 1374 #
2020/0361(COD)
Proposal for a regulation
Article 22 – paragraph 1 – introductory part
Article 22 – paragraph 1 – introductory part
1. Where an online platform allows consumers to conclude distance contracts with traders, it shall ensure that traders can only use its services to promote messages on or to offer products or services to consumers located in the Union if, prior to the use of its services, the online platform has obtained the following information:
Amendment 1384 #
2020/0361(COD)
Proposal for a regulation
Article 22 – paragraph 1 – point c
Article 22 – paragraph 1 – point c
(c) the bank account details of the trader, where the trader is a natural person;
Amendment 1394 #
2020/0361(COD)
Proposal for a regulation
Article 22 – paragraph 1 – point f
Article 22 – paragraph 1 – point f
(f) a self-certification by the trader committing to only offerthat products or services thatprovided comply with the applicable rules of Union lawrelevant Union or national law on product safety and product compliance.
Amendment 1401 #
2020/0361(COD)
Proposal for a regulation
Article 22 – paragraph 2
Article 22 – paragraph 2
2. The online platform shall, upon receiving that information, make reasonable efforts to assessassess, with the support of the Digital Service Coordinator if needed, whether the information referred to in points (a), (d) and (e) of paragraph 1 is reliable through the use of any freely accessible official online database or online interface made available by a Member States or the Union or through requests to the trader to provide supporting documents from reliable sourcesand official sources. Online platforms allowing distance contracts with third-country traders shall establish that the third-country trader complies with the relevant Union or national law on product safety and product compliance before giving them access its services offered in the Union and, where appropriate, with the support of the Digital service Coordinator. The Digital Service Coordinator may request support from market surveillance or customs authorities to assess the information provided by the trader.
Amendment 1430 #
2020/0361(COD)
Proposal for a regulation
Article 22 – paragraph 4
Article 22 – paragraph 4
4. The online platform shall store the information obtained pursuant to paragraph 1 and 2 in a secure manner for the duration of their contractual relationship with the trader concerned. They shall subsequently, asking the trader to notify any changes and confirm the information held by the online platform once a year. After the contractual relationship has ended, the online platform shall delete the information.
Amendment 1469 #
2020/0361(COD)
Proposal for a regulation
Article 23 – paragraph 1 – point b
Article 23 – paragraph 1 – point b
(b) the number of suspensions imposed pursuant to Article 20, distinguishing between suspensions enacted for the provision of manifestly illegal content, the submission of manifestly unfounded notices and the submission of manifestly unfounded complaints;
Amendment 1474 #
2020/0361(COD)
Proposal for a regulation
Article 23 – paragraph 2
Article 23 – paragraph 2
2. Online platforms shall publish, at least once every sixtwelve months, information on the average monthly active recipients of the service in each Member State, calculated as an average over the period of the past sixtwelve months, in accordance with the methodology laid down in the delegated acts adopted pursuant to Article 25(2).
Amendment 1499 #
2020/0361(COD)
Proposal for a regulation
Article 24 – paragraph 1 – subparagraph 1 a (new)
Article 24 – paragraph 1 – subparagraph 1 a (new)
Special attention shall be given to recipients of the service who are minors. When advertising is addressed to minors, online platforms shall indicate in a clear, easy and unambiguous manner that such advertising targets this group of recipients.
Amendment 1592 #
2020/0361(COD)
Proposal for a regulation
Article 26 – paragraph 2
Article 26 – paragraph 2
2. When conducting risk assessments, very large online platforms shall also take into account, in particular, how their content moderation systems, recommender systems and systems for selecting and displaying advertisement influence any of the systemic risks referred to in paragraph 1, including the potentially rapid and wide dissemination of illegal content and of information that is incompatible with their terms and conditions.
Amendment 1607 #
2020/0361(COD)
Proposal for a regulation
Article 27 – paragraph 1 – introductory part
Article 27 – paragraph 1 – introductory part
1. Very large online platforms shall put in place reasonable, proportionate and effectivproportionate mitigation measures, tailored to the specific systemic risks identified pursuant to Article 26. Such measures may include, where applicable:
Amendment 1611 #
2020/0361(COD)
Proposal for a regulation
Article 27 – paragraph 1 – point a
Article 27 – paragraph 1 – point a
(a) adaptchecking content moderation or recommender systems, their decision- making processes, the features or functioning of their services, or their terms and conditions;
Amendment 1617 #
2020/0361(COD)
Proposal for a regulation
Article 27 – paragraph 1 – point d
Article 27 – paragraph 1 – point d
Amendment 1633 #
2020/0361(COD)
Proposal for a regulation
Article 27 – paragraph 2 – introductory part
Article 27 – paragraph 2 – introductory part
2. The Board, in cooperation with the Commission, shall publish comprehensive reports, once a year, which shall include the following:
Amendment 1639 #
2020/0361(COD)
Proposal for a regulation
Article 27 – paragraph 2 – point b
Article 27 – paragraph 2 – point b
Amendment 1642 #
2020/0361(COD)
Proposal for a regulation
Article 27 – paragraph 3
Article 27 – paragraph 3
Amendment 1668 #
2020/0361(COD)
Proposal for a regulation
Article 28 – paragraph 2 – point b
Article 28 – paragraph 2 – point b
(b) have proven expertise in the area of risk management, technical competence and capabilities certified by qualified and accredited certification body;
Amendment 1680 #
2020/0361(COD)
Proposal for a regulation
Article 28 – paragraph 4
Article 28 – paragraph 4
4. Very large online platforms receiving an audit report that is not positive shall take due account of any operational recommendations addressed to them with a view to take the necessary measures to implement them. They shall, within one month from receiving those recommendations, adopt an audit implementation report setting out those measures. Where they do not implement the operational recommendations, they shall justify in the audit implementation report the reasons for not doing so and set out any alternative measures they may have taken to address any instances of non-compliance identified.
Amendment 1726 #
2020/0361(COD)
Proposal for a regulation
Article 30 – paragraph 2 – point d
Article 30 – paragraph 2 – point d
Amendment 1818 #
2020/0361(COD)
Proposal for a regulation
Article 34 – paragraph 1 – point b
Article 34 – paragraph 1 – point b
Amendment 1852 #
2020/0361(COD)
Proposal for a regulation
Article 35 – paragraph 2
Article 35 – paragraph 2
2. Where significant systemic risk within the meaning of Article 26(1) emerge and concern several very large online platforms, the Commission may inv, in agreement witeh the very largBoard, may invite online platforms concerned, other very large online platforms, other online platforms and other providers of intermediary services, as appropriate, as well as civil society organisations and other interested parties, to participate in the drawing up of codes of conduct, including by setting out commitments to take specific risk mitigation measures, as well as a regular reporting framework on any measures taken and their outcomes.
Amendment 1916 #
2020/0361(COD)
Proposal for a regulation
Article 38 – paragraph 3 a (new)
Article 38 – paragraph 3 a (new)
3a. Member States shall ensure that their Digital Services Coordinators are informed by the relevant national, local and regional authorities on the diversity of platform sectors and issues covered by this Regulation;
Amendment 1925 #
2020/0361(COD)
Proposal for a regulation
Article 39 – paragraph 3
Article 39 – paragraph 3
3. Paragraph 2 is without prejudice to the tasks of Digital Services Coordinators within the system of supervision and enforcement provided for in this Regulation and the cooperation with other competent authorities in accordance with Article 38(2). Paragraph 2 shall not prevent supervision of the authorities concerned in accordance with national constitutional law.
Amendment 1934 #
2020/0361(COD)
Proposal for a regulation
Article 40 – paragraph 3
Article 40 – paragraph 3
3. Where a provider of intermediary services fails to appoint a legal representative in accordance with Article 11, all Member States shall have jurisdiction for the purposes of Chapters III and IV. Where a Member State decides to exercise jurisdiction under this paragraph, it shall inform all other Member States andto ensure that the principle of ne bis in idem is respected.
Amendment 1950 #
2020/0361(COD)
Proposal for a regulation
Article 41 – paragraph 3 – subparagraph 1 – point a
Article 41 – paragraph 3 – subparagraph 1 – point a
(a) require the management body of the providers, within a reasonable time period, to examine the situation, adopt and submit an action plan setting out the necessary measures to terminate the infringement, ensure that the provider takes those measures, and report on the measures taken within a specific period;
Amendment 1952 #
2020/0361(COD)
Proposal for a regulation
Article 41 – paragraph 3 – subparagraph 1 – point b
Article 41 – paragraph 3 – subparagraph 1 – point b
(b) where the Digital Services Coordinator considers that the provider has not sufficiently complied with the requirements of the first indent, that the infringement persists and causes serious harm, and that the infringement entails a serious criminal offence involving a threat to the life or safety of persons, request the competent judicial authority of that Member State to order the temporary restriction of access of recipients of the service concerned by the infringement or, only where that is not technically feasible, to the online interface of the provider of intermediary services on which the infringement takes place.
Amendment 2051 #
2020/0361(COD)
Proposal for a regulation
Article 48 – paragraph 1
Article 48 – paragraph 1
1. The Board shall be composed of the Digital Services Coordinators, who shall be represented by high-level officials. Where provided for by national law, other competent authorities entrusted with specific operational responsibilities for the application and enforcement of this Regulation alongside the Digital Services Coordinator shall participate in the Board. Other national authorities may be invited to the meetings, where the issues discussed are of relevance for them. The meeting is deemed valid when at least two third of the eligible members are present.
Amendment 2056 #
2020/0361(COD)
Proposal for a regulation
Article 48 – paragraph 2 – subparagraph 2
Article 48 – paragraph 2 – subparagraph 2
The Board shall adopt its acts by simple majority. In the event of a tied vote, the vote shall be considered void and a new vote shall be held by the Board.
Amendment 2103 #
2020/0361(COD)
Proposal for a regulation
Article 50 – paragraph 2
Article 50 – paragraph 2
2. When communicating the decision referred to in the first subparagraph of paragraph 1 to the very large online platform concerned, the Digital Services Coordinator of establishment shall request it to draw up and communicate to the Digital Services Coordinator of establishment, the Commission and the Board, within one month from that decision, an action plan, specifying how that platform intends to terminate or remedy the infringement. The measures set out in the action plan may includerecommend, where appropriate, participation in a code of conduct as provided for in Article 35.
Amendment 2127 #
2020/0361(COD)
Proposal for a regulation
Article 51 – paragraph 2 – subparagraph 1
Article 51 – paragraph 2 – subparagraph 1
Where the Commission decides to initiate proceedings pursuant to paragraph 1, it shall notify all Digital Services Coordinators, the Board and the very large online platform concerned. If the Commission decides not to initiate proceedings pursuant to paragraph 1, it shall inform the Board in writing of its reasons.
Amendment 2155 #
2020/0361(COD)
Proposal for a regulation
Article 54
Article 54
Amendment 2165 #
2020/0361(COD)
Proposal for a regulation
Article 55 – paragraph 1
Article 55 – paragraph 1
1. In the context of proceedings which may lead to the adoption of a decision of non-compliance pursuant to Article 58(1), where there is an urgency due to the risk of serious damage for the recipients of the service, the Commission may, by decision, and after consulting the Board, order interim measures against the very large online platform concerned on the basis of a prima facie finding of an infringement.
Amendment 2171 #
2020/0361(COD)
Proposal for a regulation
Article 56 – paragraph 1
Article 56 – paragraph 1
1. If, during proceedings under this Section, the very large online platform concerned offers commitments to ensure compliance with the relevant provisions of this Regulation, the Commission may, by decision and after consulting the Board, make those commitments binding on the very large online platform concerned and declare that there are no further grounds for action.
Amendment 2176 #
2020/0361(COD)
Proposal for a regulation
Article 56 – paragraph 3
Article 56 – paragraph 3
3. Where the Commission considers that the commitments offered by the very large online platform concerned are unable to ensure effective compliance with the relevant provisions of this Regulation, it shall reject those commitments in a reasoned decision, in agreement with the Board, when concluding the proceedings.
Amendment 2187 #
2020/0361(COD)
Proposal for a regulation
Article 58 – paragraph 1 – introductory part
Article 58 – paragraph 1 – introductory part
1. The Commission shall adopt a non- compliance decision, after consulting the Board, where it finds that the very large online platform concerned does not comply with one or more of the following:
Amendment 2203 #
2020/0361(COD)
Proposal for a regulation
Article 58 – paragraph 5
Article 58 – paragraph 5
5. Where the Commission finds that the conditions of paragraph 1 are not met, it shall close the investigation by a decision approved by the Board.
Amendment 2218 #
2020/0361(COD)
Proposal for a regulation
Article 59 – paragraph 2 – point c
Article 59 – paragraph 2 – point c
Amendment 2219 #
2020/0361(COD)
Proposal for a regulation
Article 59 – paragraph 3
Article 59 – paragraph 3
3. Before adopting the decision pursuant to paragraph 2, the Commission shall communicate its preliminary findings to the very large online platform concerned or other person referred to in Article 52(1) and to the Board.
Amendment 2228 #
2020/0361(COD)
Proposal for a regulation
Article 60 – paragraph 1 – point b
Article 60 – paragraph 1 – point b
Amendment 2235 #
2020/0361(COD)
Proposal for a regulation
Article 61 – paragraph 3 – point b
Article 61 – paragraph 3 – point b
Amendment 2265 #
2020/0361(COD)
Proposal for a regulation
Article 65 – paragraph 1 – subparagraph 2
Article 65 – paragraph 1 – subparagraph 2
Prior to making such request to the Digital Services Coordinator, the Commission shall invite interested parties to submit written observations within a time period that shall not be less than two weeks, describing14 days, the measures it intends to request and identifying the intended addressee or addressees thereof.
Amendment 107 #
2020/0360(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) Regulation (EU) No 347/2013 of the European Parliament and of the Council23 , the current TEN-E Regulation, lays down rules for the timely development and interoperability of trans-European energy networks in order to achieve the energy policy objectives of the Treaty on the Functioning of the European Union to ensure the functioning of the internal energy market, security of supply and competitive energy markets in the Union, to promote energy efficiency and energy saving and the development of new and renewable forms of energy, and to promote the interconnection of energy networks. Regulation (EU) No 347/2013 puts in place a framework for Member States and relevant stakeholders to work together in a regional setting to develop better- connected energy networks with the aim to connect regions currently isolated from European energy markets, strengthen existing and promote new cross-border interconnections, and help integrate renewable energy. By pursuing those objectives, Regulation (EU) No 347/2013 contributes to smart, sustainable and inclusive growth and brings benefits to the entire Union in terms of competitiveness and economic, social and territorial cohesion. _________________ 23Regulation (EU) No 347/2013 of the European Parliament and of the Council of 17 April 2013 on guidelines for trans- European energy infrastructure and repealing Decision No 1364/2006/EC and amending Regulations (EC) No 713/2009, (EC) No 714/2009 and (EC) No 715/2009, OJ L 115, 25.4.2013, p. 39–75
Amendment 109 #
2020/0360(COD)
(5) The evaluation of Regulation (EU) No 347/2013 has clearly shown that the framework has effectively improved the integration of Member States’ networks, stimulated energy trade and hence contributed to the competitiveness of the Union. Projects of common interest in electricity and gas have strongly contributed to security of supply. For gas, the infrastructure is now well nterconnectedion and supply resilience hasve improved substantially since 2013ince 2013 but require continuous support to reach their full potentialthereby helping the transition to established climate goals. Regional cooperation in Regional Groups and through cross-border cost allocation is an important enabler for project implementation. However, in many cases the cross-border cost allocation did not result in reducing the financing gap of the project, as intended. While the majority of permitting procedures have been shortened, in some cases the process is still long. The financial assistance from the Connecting Europe Facility (CEF) has been an important factor as grants for studies have helped projects to reduce risks in the early stages of development, while grants for works have supported projects addressing key bottlenecks that market finance could not sufficiently address.
Amendment 130 #
2020/0360(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) Security of supply, as one main driver behind Regulation (EU) No 347/2013, has been significantly improved through projects of common interest. Moreover, the Commission’s climate target impact assessment27 expects the consumption of natural gas to be reduced significantly because its non-abated use is not compatible with carbon-neutrality. On the other hand, the consumption of biogas, renewable and low-carbon hydrogen and synthetic gaseous fuels will increase significantly towards 2050. Therefore, the natural gas infrastructure no longer needs support through the TEN-E policy. The planning of energy infrastructure should reflect this changing gas landscape. However, in some Member States, gas infrastructure projects represent substantial CO2 emission reductions potentials, such as transition from oil/coal/lignite to gas including biomethane, such projects are still considered eligible under the TEN-E policy. Furthermore, gas projects may in some specific regions be instrumental to provide security of supply and market competition, for which TEN-E eligibility should be maintained. Gas infrastructure projects already registered as projects of common interest will maintain. Besides, the above mentioned types of gas infrastructure projects already registered as projects of common interest will maintain this status including access to financial assistance until completion in order to materialise the planned and expected market and security of supply improvements. _________________ 27 SWD(2020) 176 final
Amendment 164 #
2020/0360(COD)
Proposal for a regulation
Recital 17
Recital 17
(17) The Union should facilitate infrastructure projects linking the Union’s energy networks with third-country networks that are mutually beneficial and necessary for the energy transition and the achievement of the climate targets, and which also meet the specific criteria of the relevant infrastructure categories pursuant to this Regulation, in particular with neighbouring countries and with countries with which the Union has established specific energy cooperation. Therefore, this Regulation should include in its scope projects of mutual interest where they are sustainablespect the "do not significant harm" and able to demonstrate significant net socio- economic benefits for at least twoone or more Member States and at least one third country. Such projects would be eligible for inclusion in the Union list upon conditions of regulatory approximation withconsistency of the third country's policy objectives with the overall policy objective of the Union and upon demonstrating a contribution to the Union’s overall energy and climate objectives in terms of security of supply and decarbonisation. Such regulatorypolicy objective alignment or convergence should be presumed for the European Economic Area or Energy Community Contracting Parties. In addition, the third country with which the Union cooperates in the development of projects of mutual interest should facilitate a similar timeline for accelerated implementation and other policy support measures, as stipulated in this Regulation. Therefore, in this Regulation, projects of mutual interest should be considered in the same manner as projects of common interest with all provisions relative to projects of common interest applying also to projects of mutual interest, unless otherwise specified, as well countries included in the Renewed Partnership for the Southern Neighbourhood - New agenda for the Mediterranean, that are already operating based and aligned to EU requirements (Med-TSO members) or with third countries having signed bilateral agreements with the Union which include relevant provisions on climate and energy policy objectives on decarbonisation. In addition, the third country with which the Union cooperates in the development of projects of mutual interest should facilitate a similar timeline for accelerated implementation and other policy support measures, as stipulated in this Regulation.
Amendment 168 #
2020/0360(COD)
Proposal for a regulation
Recital 17 a (new)
Recital 17 a (new)
(17 a) Considering that currently not all national legislations allow gas TSOs to own and operate hydrogen pipelines in a regulated way. Gas TSOs are essential for the development of the necessary hydrogen grid, and should be allowed to plan, construct, own and operate such grids. Regarding the principle of subsidiarity it is for the Member States to introduce the necessary rules in this respect.
Amendment 189 #
2020/0360(COD)
Proposal for a regulation
Recital 24
Recital 24
(24) Projects of common interest should comply with common, transparent and objective criteria in view of their contribution to the energy policy objectives. In order to be eligible for inclusion in the Union lists, electricity, and hydrogen projects should be part of the latest available Union-wide ten-year network development plan. As hydrogen infrastructure is not currently included in the Union-wide ten-year network development plan, this requirement for hydrogen projects should only apply as of 31 January December20243 for the purposes of the second Union list drawn pursuant to this Regulation.
Amendment 214 #
2020/0360(COD)
Proposal for a regulation
Recital 47
Recital 47
(47) Grants for works related to projects of mutual interest should be available only for the investments locatedwhere they contribute to the overall energy and climate policy objective onf the territory of the Union andUnion and where the third country has decarbonisation objectives consistent with the Paris Agreement only in case where at least twoone Member States contribute financially in a significant manner to the investment costs of the project in view of its benefits.
Amendment 248 #
2020/0360(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 5
Article 2 – paragraph 1 – point 5
(5) ‘project of mutual interest’ means a project promoted by the Unionat least one member state in cooperation with third countries, pursuant to an intergovernmental agreement or other arrangements, within the energy infrastructure categories in Annex II, which contributes to the Union's overall energy and climate objectives as referred in Article 1 (1), and which is part of the Union list of projects referred to in Article 3;
Amendment 255 #
2020/0360(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 8
Article 2 – paragraph 1 – point 8
(8) ‘smart electricity grid’ means an electricity network wherethat can integrate in a cost efficient manner the behaviour and actions of all users connected to it, including generators, consumers and those that both generate and consume, in order to ensure an economically efficient and sustainable power system with low losses and high levels of quality, security of supply and safety; in a smart grid the grid operator can digitally monitor the actions of the users connected to it, and information and communication technologies (ICT) for communicating with related grid operators, generators, consumers and/or prosumers, with a view to transmitting electricity in a sustainable, cost-efficient and secure way;
Amendment 260 #
2020/0360(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 9
Article 2 – paragraph 1 – point 9
(9) ‘smart gas grid’ means a gas network that makes use of innovative digital solutions tosolutions in technological, mechanical or engineering areas, even with the support of digital tools, in the view of integrateing in a cost efficient manner a plurality of low-carbon and renewable gas sources in accordance with consumers’ needs and gas quality requirements in order to reduceand system safety requirements enabling the reduction of the carbon footprint of the related gas consumption, enable an increased share of renewable and low-carbon gases, ands well as createing links with other energy carriers and sectors;
Amendment 266 #
2020/0360(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 9 a (new)
Article 2 – paragraph 1 – point 9 a (new)
(9 a) ‘infrastructure repurposing’ means infrastructure retrofitting, including maintenance interventions, for a hydrogen-ready infrastructure able to transport an increasing share of renewable and low carbon gases and for the use of hydrogen up to 100%.
Amendment 274 #
2020/0360(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 15
Article 2 – paragraph 1 – point 15
(15) ‘relevant national regulatory authorities’ means the national regulatory authorities in the Member States hosting the projects and in Member States to which the project provides a significant positive impact;
Amendment 283 #
2020/0360(COD)
Proposal for a regulation
Article 3 – paragraph 1 – subparagraph 1
Article 3 – paragraph 1 – subparagraph 1
Amendment 303 #
2020/0360(COD)
Proposal for a regulation
Article 3 – paragraph 5 a (new)
Article 3 – paragraph 5 a (new)
5 a. In the definition of the Union list of projects of common interest pursuant to this Regulation a limited transitional period shall be introduced for those projects already awarded the PCI status in the previous Union lists, in order to give continuity to commitments already made and the possibility to those project to implement further actions to meet the new criteria. The transitional period will be valid at the entry into force of the revised Regulation.
Amendment 304 #
2020/0360(COD)
Proposal for a regulation
Article 3 – paragraph 5 b (new)
Article 3 – paragraph 5 b (new)
5 b. In the definition of the Union list of projects of common interest pursuant to this Regulation a limited transitional period shall be introduced for those projects already awarded the PCI status in the previous Union lists, in order to give continuity to commitments already made and the possibility for those projects to implement further actions to meet the new criteria. The transitional period will be valid at the entry into force of the revised Regulation.
Amendment 307 #
2020/0360(COD)
Proposal for a regulation
Article 3 – paragraph 6
Article 3 – paragraph 6
6. Projects of common interest included on the Union list pursuant to paragraph 4 of this Article under the energy infrastructure categories set out in points (1)(a), (b), (c) and (e) of Annex II, shall become an integral part of the relevant regional investment plans under Article 34 of Regulation (EU) 2019/943 and Article 12 of Regulation (EC) No 715/2009 and of the relevant national 10- year network development plans under Article 51 of Directive (EU) 2019/944 and Article 22 of Directive 2009/73/EC and other national infrastructure plans concerned, as appropriate. Those projects shall be conferred the highest possible priority within each of those plans. This paragraph shall not apply to projects of mutual interest.
Amendment 320 #
2020/0360(COD)
Proposal for a regulation
Article 4 – paragraph 2 – point a
Article 4 – paragraph 2 – point a
(a) the project contributes significantly to the decarbonisation objectives of the Union and those of the third country and to sustainability, including through the integration of renewable energyMember States involved, taking into account the specificities and the needs to implement different pathways towards decarbonisation, including the phose out from solid fossil fuels through the use of natural gas, the integration of renewable and low-carbon gases in the energy mix, the integration of renewable energy and low-carbon into the grid and the transmission of renewable and low-carbon generation to major consumption centres and storage sites, and;
Amendment 329 #
2020/0360(COD)
Proposal for a regulation
Article 4 – paragraph 2 – point c
Article 4 – paragraph 2 – point c
(c) the project is located on the territory of at least one Member State and on the territory(including territorial waters and exclusive economic zones) of at least one Member State and on the territory (including territorial water and exclusive economic zones) of at least one third country and has a significant cross-border impact as set out in point (2) of Annex IV;
Amendment 330 #
2020/0360(COD)
Proposal for a regulation
Article 4 – paragraph 2 – point d
Article 4 – paragraph 2 – point d
(d) for the part located on Union territory, the project is in line with Directives 2009/73/EC and (EU) 2019/944 where it falls within the infrastructure categories described in points (1) and (3) and (5a) of Annex II;
Amendment 334 #
2020/0360(COD)
Proposal for a regulation
Article 4 – paragraph 2 – point e – introductory part
Article 4 – paragraph 2 – point e – introductory part
(e) the third country or countries involved have a high level of regulatory alignment or convergence totribute to the transition towards climate neutrality, in support the overall policy objectives of the Union, in particular to ensure:
Amendment 343 #
2020/0360(COD)
Proposal for a regulation
Article 4 – paragraph 2 – point f
Article 4 – paragraph 2 – point f
(f) the third country or countries involved support the priority status of the project, as set out in Article 7, andor commit to comply with a similar timeline for acceleratedof the project implementation and other policy and regulatory support measures as applicable to pof the EU MS involved. The general criteria laid down in lett. (e) may be reflected into an intergovernmental agreement or other arrangement between the Member State and the third country or countries involved in the Projects of commonmutual interest in the Union.
Amendment 368 #
2020/0360(COD)
Proposal for a regulation
Article 4 – paragraph 3 – point c – introductory part
Article 4 – paragraph 3 – point c – introductory part
(c) for carbon dioxide transportcapture, transport and utilisation or storage projects falling under the energy infrastructure categories set out in point (5) of Annex II, the project is to contribute significantly to all of the following specific criteria:
Amendment 372 #
2020/0360(COD)
Proposal for a regulation
Article 4 – paragraph 3 – point c – point ii
Article 4 – paragraph 3 – point c – point ii
(ii) increase the resilience and security of carbon dioxide transport by any appropriate means of CO2 transport, including pipeline and ship;
Amendment 375 #
2020/0360(COD)
Proposal for a regulation
Article 4 – paragraph 3 – point c – point iii
Article 4 – paragraph 3 – point c – point iii
(iii) efficient use of resources, by enabling the connection of multiple carbon dioxide sources and storage sites via common infrastructure developed by any appropriate means of CO2 transport, including pipeline and ship, and minimising environmental burden and risks.
Amendment 382 #
2020/0360(COD)
Proposal for a regulation
Article 4 – paragraph 3 – point d – introductory part
Article 4 – paragraph 3 – point d – introductory part
(d) for hydrogen projects falling under the energy infrastructure categories set out in point (3) of Annex II the project is to contribute significantly to sustainability, including by reducing greenhouse gas emissions, by enhancing the deployment of renewable and low-carbon hydrogen and supporting variable renewable power generation by offering flexibility and/or storage solutions. Furthermore, the project is to contribute significantly to at least one of the following specific criteria:
Amendment 385 #
2020/0360(COD)
(i) market integration, including by connecting existing or emerging hydrogen networks of Member States, or otherwise contributing to the emergence of an Union- wide network for the transport, distribution and storage of hydrogen, including through blended portions of the network, and ensuring interoperability of connected systems;
Amendment 393 #
2020/0360(COD)
Proposal for a regulation
Article 4 – paragraph 3 – point e – point i
Article 4 – paragraph 3 – point e – point i
(i) sustainability, including by reducing greenhouse gas emissions and enhancing the deployment of renewable hydrogen and synthetic fuels.
Amendment 396 #
2020/0360(COD)
Proposal for a regulation
Article 4 – paragraph 3 – point e – point iii
Article 4 – paragraph 3 – point e – point iii
(iii) enabling flexibility services such as demand response and storage by facilitating smart energy sector integration through linking differentthe creation of links to other energy carriers and sectors.
Amendment 412 #
2020/0360(COD)
Proposal for a regulation
Article 4 – paragraph 3 – point f – point iii
Article 4 – paragraph 3 – point f – point iii
(iii) enabling flexibility services such as demand response and storage by facilitating smart energy sector integration through the creation of links to other energy carriers and sectors and enabling demand response.
Amendment 456 #
2020/0360(COD)
Proposal for a regulation
Article 8 – paragraph 3 – introductory part
Article 8 – paragraph 3 – introductory part
3. Without prejudice to relevant requirements under national, international and Union law, the competent authority shall facilitate the issuing of the comprehensive decision. The comprehensive decision shall be the final proof that the project of common interest has achieved ready-to- build status and there shall be no other requirements for any additional permits or authorisations in that respect. The comprehensive decision shall be issued within the time limit referred to in Article 10(1) and (2) and in accordance with one of the following schemes:
Amendment 471 #
2020/0360(COD)
Proposal for a regulation
Article 10 – paragraph 1 – point a – introductory part
Article 10 – paragraph 1 – point a – introductory part
(a) the pre-application procedure, covering the period between the start of the permit granting process and the acceptance of the submitted application file by the competent authority, shall take place within an indicative period of two years.
Amendment 477 #
2020/0360(COD)
Proposal for a regulation
Article 10 – paragraph 1 – point a – paragraph 3
Article 10 – paragraph 1 – point a – paragraph 3
The competent authorities shall ensure that permit granting is accelerated in line with this Chapter for each category of projects of common interest. To that end, the competent authorities shall adapt their requirements for the start of the permit granting process and for the acceptance of the submitted application file, to make them fit for projects which, that due to their nature, or smaller scale, may require less authorisations and approvals for reaching the ready-to-build phase, and, therefore, might not require the benefit of the pre- application procedure. Such smaller scale projects may include gas and electricity smart grids and electrolysers. Furthermore, a simplified environmental assessment procedure may be required for the renewal project and modernisation / technological upgrade of pre-existing assets (for instance new kinds of conductors/cables).
Amendment 484 #
2020/0360(COD)
Proposal for a regulation
Article 10 – paragraph 3
Article 10 – paragraph 3
3. Any valid studies conducted and permits or authorisations issued for a given project of common interest, before entering the permit granting process in line with this Article, shall be taken into consideration by the competent authorities in the permit granting process and no longer required. Where possible, specific pre- authorisations (such as permissions for access to areas where archaeological surveys are needed, in order to assess whether the identified site is suitable to host the project) in the early stages of the pre-application procedure should be provided in order to allow evaluation of concrete feasible solutions already in the public consultation phase.
Amendment 485 #
2020/0360(COD)
Proposal for a regulation
Article 10 – paragraph 6
Article 10 – paragraph 6
6. The project promoter shall ensure that the application file is complete and adequate and seek the competent authority’s opinion on that matter as early as possible during the pre-application procedure. The project promoter shall cooperate fully with the competent authority to meet deadlines and comply with the joint schedule referred to in paragraph 5(b). At the same time, the project promoter should be enabled to have access to the data and information required for the preparation of the necessary reports especially environmental ones. In this regard, the Member State or the competent authority shall identify a body/entity functioning as the contact point of the project promoter for obtaining all necessary data. If this entity certifies that some of the requested information is not available, the project promoter should be exempted from providing the data.
Amendment 504 #
2020/0360(COD)
Proposal for a regulation
Article 11 – paragraph 3
Article 11 – paragraph 3
Amendment 510 #
2020/0360(COD)
Proposal for a regulation
Article 11 – paragraph 4
Article 11 – paragraph 4
4. Within three months of the day of receipt of the updated methodologiesthe opinion of the Agency, the Commission shall submit its opinion to the ENTSO for Electricity and the ENTSO for Gas.
Amendment 511 #
2020/0360(COD)
Proposal for a regulation
Article 11 – paragraph 5
Article 11 – paragraph 5
5. No later than threesix months of the day of receipt of the Commission’s opinion, as referred to in paragraph 43, the ENTSO for Electricity and the ENTSO for Gas shall adapt their respective methodologies taking due account of the Commission’s opinion and the Agency's opinion, and submit them to the Commission for approval. The Commission shall issue its decision within two months of the day of the ENTSO for Electricity and ENTSO for Gas submissions.
Amendment 516 #
2020/0360(COD)
Proposal for a regulation
Article 11 – paragraph 6
Article 11 – paragraph 6
Amendment 524 #
2020/0360(COD)
Proposal for a regulation
Article 11 – paragraph 7
Article 11 – paragraph 7
Amendment 529 #
2020/0360(COD)
Proposal for a regulation
Article 11 – paragraph 8
Article 11 – paragraph 8
8. Within two weeks of the approval by the Agency or the Commission in accordance with paragraphs 5 and 64 and 5, the ENTSO for Electricity and the ENTSO for Gas shall publish their respective methodologies on their websites. They shall publish the corresponding input data and other relevant network, load flow and market data in a sufficiently accurate form in accordance with national law and relevant confidentiality agreements.
Amendment 539 #
2020/0360(COD)
Proposal for a regulation
Article 11 – paragraph 10
Article 11 – paragraph 10
10. Every threefour years, the Agency shall establish and make publicly available a set of indicators and corresponding reference values for the comparison of unit investment costs for comparable projects of the infrastructure categories included in points (1) and (3) of Annex II. Those reference values may be used by the ENTSO for Electricity and the ENTSO for Gas for the cost-benefit analyses carried out for subsequent Union-wide ten-year network development plans. The first of such indicators shall be published by [1 November 20223].
Amendment 554 #
2020/0360(COD)
Proposal for a regulation
Article 12 – paragraph 1 – introductory part
Article 12 – paragraph 1 – introductory part
1. By [31 July 2022], the Agency, after having conducted an extensive consultation process involving the Commission, the Member States, and at least the organisations representing all relevant stakeholders, including the ENTSO for Electricity, the ENTSO for Gas, Union DSO entity, gas DSOs entity and relevant hydrogen sector stakeholders, shall publish the framework guidelines for the joint scenarios to be developed by ENTSO for Electricity and ENTSO for Gas. Those guidelines shall be regularly updated as found necessary.
Amendment 557 #
2020/0360(COD)
Proposal for a regulation
Article 12 – paragraph 1 – subparagraph 1
Article 12 – paragraph 1 – subparagraph 1
The guidelines shall include the energy efficiency first principle anddefine standards for a transparent, non-discriminatory and robust elaboration of the scenarios taking into account good practices in the field of network development planning. They shall also ensure that the underlying ENTSO for Electricity and ENTSO for Gas scenarios are fully in lincompatible with the latest medium and long-term European Union decarbonisation targets and the latest available Commission scenarios and that they reflect Member State's climate and energy policies and strategies, as well as technical and economical needs of energy infrastructure development in the Union.
Amendment 571 #
2020/0360(COD)
Proposal for a regulation
Article 12 – paragraph 4
Article 12 – paragraph 4
4. The ENTSO for Electricity and the ENTSO for Gas shall publish and submit the draft joint scenarios report to the Agency for its opinion and the Commission for their opinionits approval.
Amendment 578 #
2020/0360(COD)
Proposal for a regulation
Article 12 – paragraph 6
Article 12 – paragraph 6
Amendment 591 #
2020/0360(COD)
Proposal for a regulation
Article 13 – paragraph 1 – introductory part
Article 13 – paragraph 1 – introductory part
1. Every two years the ENTSO for Electricity and the ENTSO for Gas shall publish and submit to the Commission and the Agency the infrastructure gaps reports developed within the framework of the Union-wide ten-year network development plans.
Amendment 599 #
2020/0360(COD)
Proposal for a regulation
Article 13 – paragraph 1 – subparagraph 1
Article 13 – paragraph 1 – subparagraph 1
When assessing the infrastructure gaps the ENTSO for Electricity and the ENTSO for Gas shall implemtake into account to a maximum extent the energy efficiency first principle and consider with priority all relevant non- infrastructure related solutions to address the identified gaps.
Amendment 603 #
2020/0360(COD)
Proposal for a regulation
Article 13 – paragraph 2
Article 13 – paragraph 2
Amendment 607 #
2020/0360(COD)
Proposal for a regulation
Article 13 – paragraph 3
Article 13 – paragraph 3
Amendment 610 #
2020/0360(COD)
Proposal for a regulation
Article 13 – paragraph 4
Article 13 – paragraph 4
Amendment 614 #
2020/0360(COD)
Proposal for a regulation
Article 13 – paragraph 5
Article 13 – paragraph 5
Amendment 629 #
2020/0360(COD)
Proposal for a regulation
Article 14 – paragraph 2
Article 14 – paragraph 2
2. By [31 July 2023] tThe ENTSO for Electricity, with the involvement of the relevant TSOs, the national regulatory authorities and of the Commission and in line with the agreement referred to in paragraph 1, shall develop and publish integratedintegrate within the Union-wide Ten- Year Network Development Plan developed by the ENTSO for Electricity pursuant to Article 30 of Regulation (EU) 2019/943, starting from its 2024 edition, offshore network development plans starting from the 2050 objectives, with intermediate steps for 2030 and 2040, for each sea-basin, in line with the priority offshore grid corridors referred to in Annex I, taking into account environmental protection and other uses of the sea. Those integrated offshore network development plans shall thereafter be updated every three years.
Amendment 639 #
2020/0360(COD)
Proposal for a regulation
Article 14 – paragraph 4
Article 14 – paragraph 4
Amendment 644 #
2020/0360(COD)
Proposal for a regulation
Article 14 – paragraph 5
Article 14 – paragraph 5
Amendment 650 #
2020/0360(COD)
Proposal for a regulation
Article 14 – paragraph 6
Article 14 – paragraph 6
Amendment 668 #
2020/0360(COD)
Proposal for a regulation
Article 15 – paragraph 3
Article 15 – paragraph 3
3. Within six months from the presentation of the results as referred[By 31 July 2024 and then every two in paragraph 2years], the relevant Member States, shall update their written agreement referred to in Article 14(1) with the updated joint definition of the amount of the offshore renewable generation to be deployed within each sea basin in 2050, with intermediate steps in 2030 and 2040, and the relevant agreement to cooperate for the achievement of such amounts.
Amendment 671 #
2020/0360(COD)
Proposal for a regulation
Article 15 – paragraph 4
Article 15 – paragraph 4
4. Within six months fromAfter the updated written agreements referred to in paragraph 3, for each sea basin, the ENTSO for Electricity shall update the integrated offshorenext Union-wide Ten- Year network development plans by following the procedure set out in Article 14(2) to (5). The procedure described in Article 14(6) shall apply.
Amendment 682 #
2020/0360(COD)
Proposal for a regulation
Article 16 – paragraph 3 – subparagraph 1 – introductory part
Article 16 – paragraph 3 – subparagraph 1 – introductory part
As soon as such a project of common interest has reached sufficient maturity, and is estimated to be ready to start the construction phase within the next 36 months, the project promoters, after having consulted the TSOs from the Member States which receive a significant net positive impact from it, shall submit an investment request. That investment request shall include a request for a cross- border cost allocation and shall be submitted to all the relevant national regulatory authorities concerned, accompanied by the following:
Amendment 685 #
2020/0360(COD)
Proposal for a regulation
Article 16 – paragraph 3 – subparagraph 1 – point a
Article 16 – paragraph 3 – subparagraph 1 – point a
(a) up-to-date project-specific cost- benefit analysis consistent with the methodology drawn up pursuant to Article 11 and taking into account benefits beyond the borders of the Member States on the territory of which the project is located by using the same scenario as used in the selection process for the elaboration of the Union list where the project of common interest is listedconsidering at least the joint scenarios established for network development planning under Article 12;
Amendment 691 #
2020/0360(COD)
Proposal for a regulation
Article 16 – paragraph 4 – subparagraph 3
Article 16 – paragraph 4 – subparagraph 3
In allocating costs across borders, the relevant national regulatory authorities, in consultation with the TSOs concerned, shall seek a mutual agreement based on, but not limited to, the information specified in paragraphs 3(a) and (b). Their assessment shall be based on the same scenario as used in consider all relevant scenarios established under Article 12 and other selection process for the elaboration of the Union list where the project of common interests is listed. cenarios for network development planning, allowing a robust analysis of the contribution of the project of common interest to the Union energy policy targets of decarbonisation, market integration, competition, sustainability and security of supply.
Amendment 700 #
2020/0360(COD)
Proposal for a regulation
Article 16 – paragraph 6 – subparagraph 3
Article 16 – paragraph 6 – subparagraph 3
The assessment of the Agency shall be based on the same scenario as used in consider all relevant scenarios established under Article 12 and other selection process for the elaboration of the Union list where the project of common interest is listedcenarios for network development planning, allowing a robust analysis of the contribution of the project of common interest to the Union energy targets of decarbonisation, market integration, competition, sustainability and security of supply.
Amendment 703 #
2020/0360(COD)
Proposal for a regulation
Article 16 – paragraph 10
Article 16 – paragraph 10
10. By [31 December 2022], the CommissionAgency shall adopt implementing acts containing binding guidelines to ensure uniform conditions for the implementation of this Article and the offshore grids for renewable energy cross- border cost sharing as referred to in Article 15(1). The guidelines shall also address the special situa Recommendation to identify good practices for the treatment of investment requests for Projects of Common Interests. The recommendation shall be regularly updated as found necessary and for consistency with the Recommendation ofn the offshore grids for renewable energy projects of common interest by including principles on how their cross-border cost allocation shall be coordinated with the financing, market and political arrangements of offshore generation sites connected to them. In adopting or amending the guidelines, the Commission shall consult ACER, the ENTSO for Electricity, the ENTSO for Gas, and, where relevant, other stakeholders. Those implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 21(2)cross-border cost sharing as referred to in Article 15(1). In adopting or amending the Recommendation, the Agency shall carry out an extensive consultation process, involving all relevant stakeholders.
Amendment 743 #
2020/0360(COD)
Proposal for a regulation
Article 18 – paragraph 5
Article 18 – paragraph 5
5. Projects of mutual interest shall be assimilated with projects of common interest and be eligible for Union financial assistance. Only the investments located on the territory of the Union which are part of tThe projects of mutual interest, shall be eligible for Union financial assistance in the form of grants for works where they fulfil the criteria set out in paragraph 2, and where the cross-border cost allocation decision referred to in paragraph 2(b) allocates costs across borders for at least two Member States in a significant proportion in eachone or more Member States.
Amendment 762 #
2020/0360(COD)
Proposal for a regulation
Article 24 – paragraph 1
Article 24 – paragraph 1
This Regulation shall not affect: (i) retaining a project on the 5th PCI list as a PCI, provided the specific criteria of Article 4 (3) (g) are fulfilled (ii) the granting, continuation or modification of financial assistance awarded by the Commission pursuant to Regulation (EU) No 1316/2013 of the European Parliament and of the Council47 . _________________ 47Regulation (EU) No 1316/2013 of the European Parliament and of the Council of 11 December 2013 establishing the Connecting Europe Facility, amending Regulation (EU) No 913/2010 and repealing Regulations (EC) No 680/2007 and (EC) No 67/2010, OJ L 348, 20.12.2013, p. 129
Amendment 789 #
2020/0360(COD)
Proposal for a regulation
Annex I – Part 3 – point 8 – introductory part
Annex I – Part 3 – point 8 – introductory part
(8) Hydrogen interconnections in Western Europe (‘HI West’): hydrogen- ready infrastructure and the repurposing of natural gas infrastructure with a view of enabling the emergence of an integrated hydrogen backbone connecting the countries of the region and addressing their specific infrastructure needs for hydrogen supporting the emergence of an EU-wide network for hydrogen transport.
Amendment 793 #
2020/0360(COD)
Proposal for a regulation
Annex I – Part 3 – point 9 – introductory part
Annex I – Part 3 – point 9 – introductory part
(9) Hydrogen interconnections in Central Eastern and South Eastern Europe (‘HI East’): hydrogen infrastructure and the repurposing of existing natural gas infrastructure with a view of enabling the emergence of an integrated hydrogen backbone connecting the countries of the region and addressing their specific infrastructure needs for hydrogen supporting the emergence of an EU-wide network for hydrogen transport and enabling end-user consumption in all sectors.
Amendment 797 #
2020/0360(COD)
(9) Hydrogen interconnections in Central Eastern and South Eastern Europe (‘HI East’): hydrogen-ready infrastructure enabling the emergence of an integrated hydrogen backbone connecting the countries of the region and addressing their specific infrastructure needs for hydrogen supporting the emergence of an EU-wide network for hydrogen transport.
Amendment 799 #
2020/0360(COD)
Proposal for a regulation
Annex I – Part 3 – point 10 – introductory part
Annex I – Part 3 – point 10 – introductory part
(10) Baltic Energy Market Interconnection Plan in hydrogen (‘BEMIP Hydrogen’): hydrogen-ready infrastructure and the repurposing of existing natural gas infrastructure with a view of enabling the emergence of an integrated hydrogen backbone connecting the countries of the region and addressing their specific infrastructure needs for hydrogen supporting the emergence of an EU-wide network for hydrogen transport and multimodal transport hubs, comprising of both pipelines and marine terminals in ports and related open-access infrastructure and facilities to enable export, import, conversion, compression, storage as well as transportation and distribution through other modalities such as ships.
Amendment 808 #
2020/0360(COD)
Proposal for a regulation
Annex I – Part 4 – point 12 – introductory part
Annex I – Part 4 – point 12 – introductory part
(12) Cross-border carbon dioxide network: development of carbon dioxide capture, transport operated by any appropriate means of CO2 transport, including pipeline and ship. and utilisation or storage infrastructure between Member States and with neighbouring third countries in view of the deployment of carbon dioxide capture and storage or utilisation.
Amendment 812 #
2020/0360(COD)
Proposal for a regulation
Annex I – Part 4 – point 13 – introductory part
Annex I – Part 4 – point 13 – introductory part
(13) Smart gas grids: Adoption of smart gas grid technologies across the Union to efficiently integrate a plurality of renewable and low-carbon gas sources into the gas network, also through their blends with methane, support the uptake of innovative solutions in technological, mechanical or engineering areas, even with the support of digital tools, for network management and facilitating smart energy sector integration and demand response.
Amendment 821 #
2020/0360(COD)
Proposal for a regulation
Annex II – paragraph 1 – point 1 – point a
Annex II – paragraph 1 – point 1 – point a
(a) high-voltage and extra-hight voltage level both overhead transmission lines, if they have been designed for a voltage of 220 kV or more, and underground and submarine transmission cables, if they have been designed for a voltage of 1510 kV or more;
Amendment 840 #
2020/0360(COD)
Proposal for a regulation
Annex II – paragraph 1 – point 2 – point a
Annex II – paragraph 1 – point 2 – point a
(a) any of the following equipment or installation aiming at enabling and facilitating the integration of renewable and low-carbon gases (including biomethane or hydrogen) into the networksynthetic methane or hydrogen) by blending it into the network. This includes, but is not limited to: digital systems and components integrating ICT, control systems and sensor technologies to enable the interactive and intelligent integration, monitoring, metering, quality control and management of gas production, transmission, distribution storage and consumption within a gas network. Furthermore, such projects may also include equipment to enable reverse flows from the distribution to the transmission level and related necessary upgrades to the existing network; the necessary infrastructure adaptations to support the implementation of the smart gas grids, to connect the production facilities to the network and to enable the uptake of greater concentrations of hydrogen within a gas network; any equipment or installation essential for the gas system to operate safely, securely and efficiently to enable bi-directional capacity, including compressor stations with greater uptake of renewable and low- carbon gases. Furthermore, such projects may also include connections from renewable and low-carbon gases production facilities into the transmission grid, equipment to enable reverse flows from the distribution to the transmission level and related necessary upgrades to the network, such as upgrades of various gas infrastructure parts to retrofit network assets to be compatible to transport renewable and low-carbon gases in blends of methane and hydrogen.
Amendment 853 #
2020/0360(COD)
Proposal for a regulation
Annex II – paragraph 1 – point 3 – point a
Annex II – paragraph 1 – point 3 – point a
(a) transmission pipelines for the transport of hydrogen, giving access to multiple network users on a transparent and non-discriminatory basis, which mainly contains high-pressure long distance hydrogen pipelines, excluding pipelines for the local distribution of hydrogenregional and industrial clusters and/or multimodal transport hubs, including marine terminal in ports and airports;
Amendment 876 #
2020/0360(COD)
Proposal for a regulation
Annex II – paragraph 1 – point 3 – point d – introductory part
Annex II – paragraph 1 – point 3 – point d – introductory part
(d) any equipment or installation essential for the hydrogen system, included in blended portions of the network, to operate safely, securely and efficiently or to enable bi-directional capacity, including compressor stations.
Amendment 892 #
2020/0360(COD)
Proposal for a regulation
Annex II – paragraph 1 – point 4 – point a
Annex II – paragraph 1 – point 4 – point a
(a) electrolysers that: (i) have in total at least 1050 MW capacity, (ii) the production complies with the life cycle greenhouse gas emissions savings requirement of 760 % relative to a fossil fuel comparator of 941g CO2e/MJ as set out in Article 25(2) and Annex V of Directive (EU) 2018/2001 of the European Parliament and of the Council.60. Life cycle greenhouse gas emissions savings are calculated using the methodology referred to in Article 28(5) of Directive (EU) 2018/2001 or, alternatively, using ISO 14067 or ISO 14064-1. Quantified life- cycle GHG emission savings are verified in line with Article 30 of Directive (EU) 2018/2001 where applicable, or by an independent third party, and (iii) have also a network-related function; _________________ 60 OJ L 328, 21.12.2018, p. 82.
Amendment 899 #
2020/0360(COD)
Proposal for a regulation
Annex II – paragraph 1 – point 4 – point b
Annex II – paragraph 1 – point 4 – point b
(b) related equipment, including pipeline connections to the gas network.
Amendment 901 #
2020/0360(COD)
Proposal for a regulation
Annex II – paragraph 1 – point 5 – introductory part
Annex II – paragraph 1 – point 5 – introductory part
(5) concerning carbon dioxide capture, transport and utilisation or storage:
Amendment 903 #
2020/0360(COD)
Proposal for a regulation
Annex II – paragraph 1 – point 5 – point a
Annex II – paragraph 1 – point 5 – point a
(a) dedicated pipelines, other than upstream pipeline network and all infrastructure and equipment including ship and trucks, used to transport carbon dioxide from more than one source, i.e. industrial installations (including power plants) that produce carbon dioxide gas from combustion or other chemical reactions involving fossil or non-fossil carbon-containing compounds, for the purpose of permanent geological storage of carbon dioxide pursuant to Directive 2009/31/EC of the European Parliament and of the Council61 , or for the purpose of carbon dioxide capture and utilisation; _________________ 61 OJ L 140, 5.6.2009, p. 114.
Amendment 908 #
2020/0360(COD)
Proposal for a regulation
Annex II – paragraph 1 – point 5 – point b
Annex II – paragraph 1 – point 5 – point b
(b) facilities for liquefaction and bufferthe storage of carbon dioxide in view of its further transportation. This does not include infrastructure within a geological formation used for thefor the purpose of permanent geological storage of carbon dioxide pursuant to Directive 2009/31/EC and associated surface and injection facilitiesof the European Parliament and of the Council;
Amendment 944 #
2020/0360(COD)
Proposal for a regulation
Annex III – Part 2 – point 6
Annex III – Part 2 – point 6
(6) proposed carbon dioxide transport and storage projects falling under the category set out in point (5) of Annex II shall be presented as part of a plan, developed by at least two Member States, for the development of cross-border carbon dioxide transport and storage infrastructure, to be presented by the Member States concerned or entities designated by those Member States to the Commission.
Amendment 958 #
2020/0360(COD)
Proposal for a regulation
Annex IV – point 1 – point b
Annex IV – point 1 – point b
(b) for electricity storage, the project provides at least 2250 MW installed capacity and has a storage capacity that allows a net annual electricity generation of 250 Gigawatt-hours/year;
Amendment 992 #
2020/0360(COD)
Proposal for a regulation
Annex IV – point 2 – point c
Annex IV – point 2 – point c
(c) for projects of mutual interest in the category set out in point (5) of Annex II, the project can be used to transport or storage anthropogenic carbon dioxide by at least two Member States and a third country.
Amendment 1013 #
2020/0360(COD)
Proposal for a regulation
Annex IV – point 5 – point a
Annex IV – point 5 – point a
(a) Sustainability measured as the contribution of a project to: direct or indirect greenhouse gas emission reductions in different end-use applications, such as industry, agriculture, heating or transport; flexibility and seasonal and short-term storage options for renewable electricity generation; or the integration of renewable and low carbon hydrogen.
Amendment 1019 #
2020/0360(COD)
Proposal for a regulation
Annex IV – point 5 – point b
Annex IV – point 5 – point b
(b) system integration, market integration and interoperability measured by calculating the additional value of the project to the integration of market areas and price convergence, to the overall flexibility of the system.
Amendment 1032 #
2020/0360(COD)
Proposal for a regulation
Annex IV – point 6 – point c
Annex IV – point 6 – point c
(c) facilitation of smart energy sector integrationenabling flexibility services such as demand response and storage by facilitation of smart energy sector integration through the creation of links to other energy carriers and sectors. measured by assessing the cost savings enabled in connected energy sectors and systems, such as the heat and power system, transport and industry.
Amendment 1035 #
2020/0360(COD)
Proposal for a regulation
Annex IV – point 7 – point a
Annex IV – point 7 – point a
(a) sustainability measured by assessing the share of renewable hydrogen or hydrogen meeting the criteria defined in point (4) (a) (ii) of Annex II or synthetic methane that can be integrated into the network, and the related greenhouse gas emission savings;
Amendment 1039 #
2020/0360(COD)
Proposal for a regulation
Annex IV – point 7 – point c
Annex IV – point 7 – point c
(c) the facilitation of smart energy sector integrationenabling flexibility services such as demand response and storage by the facilitation of smart energy sector integration through the creation of links to other energy carriers and sectors, measured by assessing the cost savings enabled in connected energy sectors and systems, such as the gas, hydrogen, power and heat networks, theheat and power system, transport and industry sectors, and the volume of demand response enabledcontribution to the overall flexibility of the system.
Amendment 104 #
2020/0359(COD)
Proposal for a directive
Recital 46
Recital 46
(46) To further address key supply chain risks and assist entities operating in sectors covered by this Directive to appropriately manage supply chain and supplier related cybersecurity risks, the Cooperation Group involving relevant national authorities, in cooperation with the Commission and, ENISA and the affected essential and important entities, should carry out coordinated sectoral supply chain risk assessments, as was already done for 5G networks following Recommendation (EU) 2019/534 on Cybersecurity of 5G networks21 , with the aim of identifying per sector which are the critical ICT services, systems or products, relevant threats and vulnerabilities. __________________ 21Commission Recommendation (EU) 2019/534 of 26 March 2019 Cybersecurity of 5G networks (OJ L 88, 29.3.2019, p. 42).
Amendment 105 #
2020/0359(COD)
Proposal for a directive
Recital 47
Recital 47
(47) The supply chain risk assessments, in light of the features of the sector concerned, should take into account both technical and, where relevantjustified by the criticality of the sector, non- technical factors including those defined in Recommendation (EU) 2019/534, in the EU wide coordinated risk assessment of 5G networks security and in the EU Toolbox on 5G cybersecurity agreed by the Cooperation Group. These assessments should be evidence-based and their results clearly defined. To identify the supply chains that should be subject to a coordinated risk assessment, the following criteria should be taken into account: (i) the extent to which essential and important entities use and rely on specific critical ICT services, systems or products; (ii) the relevance of specific critical ICT services, systems or products for performing critical or sensitive functions, including the processing of personal data; (iii) the availability of alternative ICT services, systems or products; (iv) the resilience of the overall supply chain of ICT services, systems or products against disruptive events and (v) for emerging ICT services, systems or products, their potential future significance for the entities’ activities.
Amendment 126 #
2020/0359(COD)
Proposal for a directive
Recital 70
Recital 70
(70) In order to strengthen the supervisory powers and actions that help ensure effective compliance and to achieve a common high level of security within the digital sector throughout the Union, this Directive should provide for a minimum list of supervisory actions and means through which competent authorities may supervise essential and important entities. In addition, this Directive should establish a differentiation of supervisory regime between essential and important entities with a view to ensuring a fair balance of obligations for both entities and competent authorities. Thus, essential entities should be subject to a fully-fledged supervisory regime (ex-ante and ex-post), while important entities should be subject to a light supervisory regime, ex-post only. For the latter, this means that important entities should not document systematically compliance with cybersecurity risk management requirements, while competent authorities should implement a reactive ex -post approach to supervision and, hence, not have a general obligation to supervise those entities, except where there is a manifest breach of obligations, in particular where such entities cause risk for users or other services included in the scope of this Directive.
Amendment 128 #
2020/0359(COD)
Proposal for a directive
Recital 76
Recital 76
(76) In order to further strengthen the effectiveness and dissuasiveness of the penalties applicable to infringements of obligations laid down pursuant to this Directive, the competent authorities should be empowered to apply sanctions consisting of the suspension of a certification or authorisation concerning part or all thethe implicated services provided by an essential entity and the imposition of a temporary ban from the exercise of managerial functions by a natural person. Given their severity and impact on the entities’ activities and ultimately on their consumers, such sanctions should only be applied proportionally to the severity of the infringement and taking account of the specific circumstances of each case, including the intentional or negligent character of the infringement, actions taken to prevent or mitigate the damage and/or losses suffered. Such sanctions should only be applied as ultima ratio, meaning only after the other relevant enforcement actions laid down by this Directive have been exhausted, and only for the time until the entities to which they apply take the necessary action to remedy the deficiencies or comply with the requirements of the competent authority for which such sanctions were applied. The imposition of such sanctions shall be subject to appropriate procedural safeguards in accordance with the general principles of Union law and the Charter of Fundamental Rights of the European Union, including effective judicial protection, due process, presumption of innocence and right of defence.
Amendment 133 #
2020/0359(COD)
Proposal for a directive
Article 2 – paragraph 1
Article 2 – paragraph 1
1. This Directive applies to public and private entities of a type referred to as essential entities in Annex I and as important entities in Annex II. Entities and subsectors that fall within the scope of this Directive shall be provided with clear and concise definitions with respect to their designations. This Directive does not apply to entities that Member States unequivocally identify as non-critical, including where they are of types referred to in Annex I and Annex II. This Directive does not apply to entities that qualify as micro and small enterprises within the meaning of Commission Recommendation 2003/361/EC.28, without prejudice to their voluntary involvement. __________________ 28 Commission Recommendation 2003/361/EC of 6 May 2003 concerning the definition of micro, small and medium- sized enterprises (OJ L 124, 20.5.2003, p. 36).
Amendment 137 #
2020/0359(COD)
Proposal for a directive
Recital 30
Recital 30
(30) Access to correct and timely information on vulnerabilities affecting ICT products and services and industrial control systems (ICS) contributes to an enhanced cybersecurity risk management. In that regard, sources of publicly available information on vulnerabilities are an important tool for entities and their users, but also national competent authorities and CSIRTs. For this reason, ENISA should establish a vulnerability registry where, essential and important entities and their suppliers, as well as entities which do not fall in the scope of application of this Directive may, on a voluntary basis, disclose vulnerabilities and provide the vulnerability information that allows users to take appropriate mitigating measures.
Amendment 148 #
2020/0359(COD)
Proposal for a directive
Article 4 – paragraph 1 – point 26 a (new)
Article 4 – paragraph 1 – point 26 a (new)
(26a) 'non-critical entity' means any entity of a type referred to in Annex I and Annex II which, regardless of its size and resources, has no critical function within a specific sector or type of service provided and has a low level of dependency from other sectors or types of services.
Amendment 149 #
2020/0359(COD)
Proposal for a directive
Article 5 – paragraph 1 – point b
Article 5 – paragraph 1 – point b
(b) a governance framework to achieve those objectives and priorities, including the policies referred to in paragraph 2 and the roles and responsibilities of public bodies and entities as well as other relevant actors, in particular those entrusted with specific SMEs support. The governance framework shall clearly outline how cooperation and coordination is organised between relevant national authorities designated under this Directive;
Amendment 161 #
2020/0359(COD)
Proposal for a directive
Article 5 – paragraph 2 – point h
Article 5 – paragraph 2 – point h
(h) a policy addressing specific needs of SMEs in fulfilling the provisions laid down by this Directive, in particular those excluded from the scope of this Directive, in relation to guidance and support in improving their resilience to cybersecurity threats. and encouraging, through dedicated support, their proactive adoption of suitable cybersecurity measures;
Amendment 172 #
2020/0359(COD)
Proposal for a directive
Article 6 – paragraph 1
Article 6 – paragraph 1
1. Each Member State shall designate one of its CSIRTs as referred to in Article 9 as a coordinator for the purpose of coordinated vulnerability disclosure. The process of coordinated vulnerability disclosure shall be coherent with internationally recognised standards on vulnerability handling and disclosure. The designated CSIRT shall act as a trusted intermediary, facilitating, where necessary, the interaction between the reporting entity and the manufacturer or provider of ICT products or ICT services. Where the reported vulnerability concerns multiple manufacturers or providers of ICT products or ICT services across the Union, the designated CSIRT of each Member State concerned shall cooperate with the CSIRT network.
Amendment 174 #
2020/0359(COD)
Proposal for a directive
Article 6 – paragraph 2
Article 6 – paragraph 2
2. ENISA shall develop and maintain a European vulnerability registry. To that end, ENISA shall establish and maintain the appropriate information systems, policies and procedures, as well as the necessary technical and organisational measures for the security of the registry, with a view in particular to enabling important and essential entities and their suppliers of network and information systems to disclose and register vulnerabilities present in ICT products or ICT services, as well as to provide access to the information on vulnerabilities contained in the registry to all interested parties. ENISA shall clarify the terms of work and use of registry, including procedures for reporting, use and storage of the vulnerability information. The registry shall, in particular, include information describing the vulnerability, the affected ICT product or ICT services and the severity of the vulnerability in terms of the circumstances under which it may be exploited, the availability of related patches and, in the absence of available patches, guidance addressed to users of vulnerable products and services as to how the risks resulting from disclosed vulnerabilities may be mitigated.
Amendment 177 #
2020/0359(COD)
Proposal for a directive
Article 7 – paragraph 1
Article 7 – paragraph 1
1. Each Member State shall designate one or more competent authorities responsible for the management of large- scale incidents and crises. Where a Member State designates more than one competent authority, it should clearly indicate which of these competent authorities would serve as the main point of contact during a large-scale incident or crisis. Member States shall ensure that competent authorities have adequate resources to perform, in an effective and efficient manner, the tasks assigned to them.
Amendment 186 #
2020/0359(COD)
Proposal for a directive
Article 10 – paragraph 2 – point f a (new)
Article 10 – paragraph 2 – point f a (new)
(fa) providing practical and operational guidance to essential and important entities in cybersecurity response and prevention activities, including in particular dedicated technical support to SMEs;
Amendment 206 #
2020/0359(COD)
Proposal for a directive
Article 18 – paragraph 1
Article 18 – paragraph 1
1. Member States shall ensure that essential and important entities shall take appropriate and proportionate technical and organisational measures to manage the risks posed to the security of network and information systems which those entities use in the provision of their services. These measures shall be adopted following a risk-based assessment that takes the utmost account of the level of criticality of the concerned entities. Having regard to the state of the art, those measures shall ensure a level of security of network and information systems appropriate to the risk presented and shall not undermine valid security offering mechanisms already in place.
Amendment 213 #
2020/0359(COD)
Proposal for a directive
Article 2 – paragraph 1
Article 2 – paragraph 1
1. This Directive applies to public and private entities of a type referred to as essential entities in Annex I and as important entities in Annex II, including ICT suppliers providing products and services for critical functions performed by essential or important entities. This Directive does not apply to entities regarded by Member States as non- critical. This Directive does not apply to entities that qualify as micro and small enterprises within the meaning of Commission Recommendation 2003/361/EC.28 _________________ 28 Commission Recommendation 2003/361/EC of 6 May 2003 concerning the definition of micro, small and medium- sized enterprises (OJ L 124, 20.5.2003, p. 36).
Amendment 221 #
2020/0359(COD)
Proposal for a directive
Article 19 – paragraph 1
Article 19 – paragraph 1
1. The Cooperation Group, in cooperation with the Commission and ENISA, and after having consulted the affected essential and important entities, may carry out coordinated security risk assessments of specific critical ICT services, systems or products supply chains, taking into account technical and, where relevant, non-technical risk factorjustified by the level of criticality of the sector, non-technical risk factors. Risk assessments should follow a balanced and non-discriminatory approach to ensure competitive and harmonised internal market, with coordinated Member State approaches.
Amendment 223 #
2020/0359(COD)
Proposal for a directive
Article 19 – paragraph 2
Article 19 – paragraph 2
2. The Commission, after consulting with the Cooperation Group and, ENISA and the affected essential and important entities, shall identify the specific critical ICT services, systems or products that may be subject to the coordinated risk assessment referred to in paragraph 1.
Amendment 224 #
2020/0359(COD)
Proposal for a directive
Article 19 a (new)
Article 19 a (new)
Article 19a When the Cooperation Group includes non-technical risk factors in its supply chain risk assessments, it shall ensure that those factors are evidence-based, clearly defined and that their interpretation is aligned across the Union to the greatest extent possible. Member States shall ensure that any affected party has clear and lawful means to raise concerns, challenge and object to the final decision taken as a result of the supply chain assessments referred to in paragraph 1 of this Article.
Amendment 231 #
2020/0359(COD)
Proposal for a directive
Article 20 – paragraph 2 – subparagraph 1
Article 20 – paragraph 2 – subparagraph 1
Member States shall ensure that essential and important entities may notify, without undue delay where feasible or through periodic threat analysis reports, the competent authorities or the CSIRT of any significant cyber threat that those entities identify that could have potentially resulted in a significant incidentwithin the meaning of Article 2(8) of Regulation (EU) 2019/881.
Amendment 237 #
2020/0359(COD)
Proposal for a directive
Article 20 – paragraph 4 – subparagraph 1 – point a
Article 20 – paragraph 4 – subparagraph 1 – point a
(a) without undue delay and in any event winot later thian 724 hours after having become aware of the incident, an initial notification, which, where applicable and possible, shall indicate whether the incident is presumably caused by unlawful or malicious action;
Amendment 242 #
2020/0359(COD)
Proposal for a directive
Article 20 – paragraph 4 – subparagraph 1 – point c – introductory part
Article 20 – paragraph 4 – subparagraph 1 – point c – introductory part
(c) a final report not later than onetwo months after the submission of the report under point (a), including at least the following:
Amendment 268 #
2020/0359(COD)
Proposal for a directive
Article 4 – paragraph 1 – point 26 a (new)
Article 4 – paragraph 1 – point 26 a (new)
(26a) ‘non-critical entity’ means any entity of a type referred to in Annex I and Annex II which, regardless of its size and resources, has no critical function within a specific sector or type of service and is not highly dependent on other sectors or types of service;
Amendment 270 #
2020/0359(COD)
Proposal for a directive
Article 4 – paragraph 1 – point 26 b (new)
Article 4 – paragraph 1 – point 26 b (new)
(26b) ‘critical function' means a network and information system function of an essential or important entity in connection with which disruption to availability, integrity, authenticity and confidentiality will result in a significant failure or deterioration of the functionality of the services provided by the critical or important entity concerned;
Amendment 276 #
2020/0359(COD)
Proposal for a directive
Article 5 – paragraph 1 – point b
Article 5 – paragraph 1 – point b
(b) a governance framework to achieve those objectives and priorities, including the policies referred to in paragraph 2 and the roles and responsibilities of public bodies and entities as well as other relevant actors, in particular those with responsibility for specific support for SMEs. The governance framework shall clearly lay down the organisational arrangements for cooperation and coordination between the national competent authorities designated under this Directive, taking account of their specific national circumstances;
Amendment 280 #
2020/0359(COD)
Proposal for a directive
Article 26 – paragraph 5
Article 26 – paragraph 5
5. In compliance with Union law, ENISA shall support the establishment of cybersecurity information-sharing arrangements referred to in paragraph 2 by providing best practices and guidance with the aim of promoting the cross-border exchange of information at Union level between the relevant entities.
Amendment 281 #
2020/0359(COD)
Proposal for a directive
Article 5 – paragraph 1 – point e
Article 5 – paragraph 1 – point e
(e) a list of the various authorities and actors involved in the implementation of the national cybersecurity strategy, taking steps to establish a single cybersecurity point of contact for SMEs in order to support them in implementing specific cybersecurity measures;
Amendment 307 #
2020/0359(COD)
Proposal for a directive
Article 6 – paragraph 2
Article 6 – paragraph 2
Amendment 333 #
2020/0359(COD)
Proposal for a directive
Article 10 – paragraph 2 – point f a (new)
Article 10 – paragraph 2 – point f a (new)
(fa) providing practical and operational guidance for essential and important entities in connection with cybersecurity response and prevention activities, including, in particular, dedicated technical support for SMEs;
Amendment 344 #
2020/0359(COD)
Proposal for a directive
Article 12 – paragraph 3 – subparagraph 2
Article 12 – paragraph 3 – subparagraph 2
Amendment 385 #
2020/0359(COD)
Proposal for a directive
Article 18 – paragraph 1
Article 18 – paragraph 1
1. Member States shall ensure that essential and important entities, including ICT suppliers providing products and services for critical functions performed by essential or important entities, shall take appropriate and proportionate technical and organisational measures to manage the risks posed to the security of network and information systems which those entities use in the provision of their services. Having regard to the state of the art, those measures shall ensure a level of security of network and information systems appropriate to the risk presented. ICT suppliers shall bear sole liability for non-compliance by providers of essential or important functions with the obligations under this article unless such non-compliance was known to and disregarded by the commissioning authority concerned.
Amendment 390 #
2020/0359(COD)
Proposal for a directive
Article 18 – paragraph 2 – point a
Article 18 – paragraph 2 – point a
(a) risk analysis and information system security policies in connection with critical network and information system functions;
Amendment 403 #
2020/0359(COD)
Proposal for a directive
Article 18 – paragraph 2 – point g
Article 18 – paragraph 2 – point g
(g) the use, where appropriate, of cryptography and encryption.
Amendment 408 #
2020/0359(COD)
Proposal for a directive
Article 18 – paragraph 4
Article 18 – paragraph 4
4. Member States shall ensure that where an entity finds that respectively its services or tasks are not in compliance with the requirements laid down in paragraph 2, it shall, without undue delay, take all necessary corrective measures to bring the service concerned into compliance within a reasonable period and in line with their own interests.
Amendment 415 #
2020/0359(COD)
Proposal for a directive
Article 18 – paragraph 5
Article 18 – paragraph 5
5. The Commission may adopt implementingdelegated acts in order to lay down the technical and the methodological specifications of the elements referred to in paragraph 2. Where preparing those acts, the Commission shall proceed in accordance with the examination procedure referred to in Article 37(2) and follow, to the greatest extent possible, international and European standards, as well as relevant technical specifications.
Amendment 428 #
2020/0359(COD)
Proposal for a directive
Article 20 – paragraph 1
Article 20 – paragraph 1
1. Member States shall ensure that essential and important entities notify, without undue delay, the competent authorities or the CSIRT in accordance with paragraphs 3 and 4 of any incident having a significant impact on the provision of their services. Where appropriate, those entities shall notify, without undue delay, the recipients of their services of incidents that are likely to adversely affect the provision of that servicewith a confirmed substantial impact. Member States shall ensure that those entities report, among others, the relevanyt information enabling the competent authorities or the CSIRT to determine any cross-border impact of the incident.
Amendment 438 #
2020/0359(COD)
Proposal for a directive
Article 20 – paragraph 3 – point b
Article 20 – paragraph 3 – point b
(b) the incident has affected or has the potential to affect other natural or legal persons by causing considerable material or non-material losses. Non-material losses shall include:
Amendment 439 #
2020/0359(COD)
Proposal for a directive
Article 20 – paragraph 3 – point b – point i (new)
Article 20 – paragraph 3 – point b – point i (new)
(i) a loss of integrity, authenticity or confidentiality of stored or transmitted or processed data or of the related services offered by an essential or important entity or accessible via a network and an information system;
Amendment 440 #
2020/0359(COD)
Proposal for a directive
Article 20 – paragraph 3 – point b – point ii (new)
Article 20 – paragraph 3 – point b – point ii (new)
(ii) a risk to public safety and security or loss of life.
Amendment 443 #
2020/0359(COD)
Proposal for a directive
Article 20 – paragraph 4 – subparagraph 1 – introductory part
Article 20 – paragraph 4 – subparagraph 1 – introductory part
4. Member States shall ensure that, for the purpose of the notification under paragraph 1, the entities concerned shall submit to thea competent authoritiesy or the CSIRT:
Amendment 446 #
2020/0359(COD)
Proposal for a directive
Article 20 – paragraph 4 – subparagraph 1 – point a
Article 20 – paragraph 4 – subparagraph 1 – point a
(a) without undue delay and in any event within 724 hours after having become aware of the confirmed impact of the incident, an initial notification, which, where applicable, shall indicate whether the incident is presumably caused by unlawful or malicious action;
Amendment 454 #
2020/0359(COD)
Proposal for a directive
Article 20 – paragraph 4 – subparagraph 1 – point c – introductory part
Article 20 – paragraph 4 – subparagraph 1 – point c – introductory part
(c) a final report not later than one monthn exhaustive report after the submission of the report under point (a), including at least the following:
Amendment 455 #
2020/0359(COD)
Proposal for a directive
Article 20 – paragraph 4 – subparagraph 1 – point c – point i
Article 20 – paragraph 4 – subparagraph 1 – point c – point i
(i) a detailed description of the confirmed incident, its severity and impact;
Amendment 468 #
2020/0359(COD)
7. Where public awareness is necessary to prevent an incident or to deal with an ongoing incident, or where disclosure of the incident is otherwise in the public interest, the competent authority or the CSIRT, and where appropriate the authorities or the CSIRTs of other Member States concerned may, after consulting the entity concerned, inform the public on a mutual basis about the incident or require the entity to do so.
Amendment 491 #
2020/0359(COD)
Proposal for a directive
Article 21 – paragraph 1
Article 21 – paragraph 1
1. In order to demonstrate compliance with certain requirements of Article 18, Member States may require essenICT suppliers providing products and services for critical andfunctions performed by essential or important entities to certify certain ICT products, ICT services and ICT processes under specific European cybersecurity certification schemes adopted pursuant to Article 49 of Regulation (EU) 2019/881. The products, services and processes subject to certification may be developed by an essential or important entity or procured from third parties.
Amendment 496 #
2020/0359(COD)
Proposal for a directive
Article 21 – paragraph 2
Article 21 – paragraph 2
2. The Commission shall be empowered to adopt delegated acts specifying which categories of essentialaking account of ENISA’s opinion, the Commission may adopt delegated acts specifying that ICT suppliers providing products and services for critical functions performed by essential or important entities shall be required to obtain a certificate and under whichidentifying the relevant specific European cybersecurity certification schemes pursuant to paragraph 1. The delegated acts shall be adopted in accordance with Article 36.
Amendment 512 #
2020/0359(COD)
Proposal for a directive
Article 24 – paragraph 2
Article 24 – paragraph 2
2. For the purposes of this Directive, entities referred to in paragraph 1 shall be deemed to have their main establishment in the Union in the Member State where the decisions related to the cybersecurity risk management measures are taken. If such decisions are not taken in any establishment in the Union, the main establishment shall be deemed to be in the Member State where the entities have the establishment with the highest number of employees in the Union. operational and management capacities to implement cybersecurity measures.
Amendment 555 #
2020/0359(COD)
Proposal for a directive
Article 29 – paragraph 5 – subparagraph 1 – introductory part
Article 29 – paragraph 5 – subparagraph 1 – introductory part
5. Where enforcement actions adopted pursuant to points (a) to (d) and (f) of paragraph (4) prove ineffective, Member States shall ensure that competent authorities have the power to establish a deadline within which the essential entity isor suppliers of products or services for critical functions performed by essential or important entities are requested to take the necessary action to remedy the deficiencies or comply with the requirements of those authorities. If the requested action is not taken within the deadline set, Member States shall ensure that the competent authorities have the power to:
Amendment 558 #
2020/0359(COD)
Proposal for a directive
Article 29 – paragraph 5 – subparagraph 1 – point a
Article 29 – paragraph 5 – subparagraph 1 – point a
(a) suspend or request a certification or authorisation body to suspend a certification or authorisation concerning part or all the services or activities provided by an essential entity or related ICT suppliers providing products and services for critical functions performed by essential or important entities;
Amendment 563 #
2020/0359(COD)
Proposal for a directive
Article 29 – paragraph 5 – subparagraph 1 – point b
Article 29 – paragraph 5 – subparagraph 1 – point b
(b) impose or request the imposition by the relevant bodies or courts according to national laws of a temporary ban against any person discharging managerial responsibilities at chief executive officer or legal representative level in that essential entity, and of or related ICT suppliers providing products and services for critical functions performed by essential or important entities, and against any other natural person held responsible for the breach, from exercising managerial functions in that entity.
Amendment 567 #
2020/0359(COD)
Proposal for a directive
Article 29 – paragraph 5 – subparagraph 2
Article 29 – paragraph 5 – subparagraph 2
These sanctions shall be applied only until the entity or related ICT suppliers providing products and services for critical functions performed by essential or important entities takes the necessary action to remedy the deficiencies or comply with the requirements of the competent authority for which such sanctions were applied.
Amendment 124 #
2020/0340(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) It is necessary to improve the conditions for data sharing in the European internal market, by creating a harmonised framework for data exchanges and by giving specific attention to data intermediaries and data holder in order to create a fruitful cooperation among them. Sector- specific legislation can develop, adapt and propose new and complementary elements, depending on the specificities of the sector, such as the envisaged legislation on the European health data space25 and on access to vehicle data. Moreover, certain sectors of the economy are already regulated by sector-specific Union law that include rules relating to cross-border or Union wide sharing or access to data26 . This Regulation is therefore without prejudice to Regulation (EU) 2016/679 of the European Parliament and of the Council (27 ), and in particular the implementation of this Regulation shall not prevent cross border transfers of data in accordance with Chapter V of Regulation (EU) 2016/679 from taking place, Directive (EU) 2016/680 of the European Parliament and of the Council (28 ), Directive (EU) 2016/943 of the European Parliament and of the Council (29 ), Regulation (EU) 2018/1807 of the European Parliament and of the Council (30 ), Regulation (EC) No 223/2009 of the European Parliament and of the Council (31 ), Directive 2000/31/EC of the European Parliament and of the Council (32 ), Directive 2001/29/EC of the European Parliament and of the Council (33 ), Directive (EU) 2019/790 of the European Parliament and of the Council (34 ), Directive 2004/48/EC of the European Parliament and of the Council (35 ), Directive (EU) 2019/1024 of the European Parliament and of the Council (36 ), as well as Regulation 2018/858/EU of the European Parliament and of the Council (37 ), Directive 2010/40/EU of the European Parliament and of the Council (38 ) and Delegated Regulations adopted on its basis, and any other sector-specific Union legislation that organises the access to and re-use of data. This Regulation should be without prejudice to the access and use of data for the purpose of international cooperation in the context of prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties. A horizontal regime for the re-use of certain categories of protected data held by public sector bodies, the provision of data sharing services and of services based on data altruism in the Union should be established. Specific characteristics of different sectors may require the design of sectoral data-based systems, while building on the requirements of this Regulation. Where a sector-specific Union legal act requires public sector bodies, providers of data sharing servicdata intermediaries or registered entities providing data altruism services to comply with specific additional technical, administrative or organisational requirements, including through an authorisation or certification regime, those provisions of that sector- specific Union legal act should also apply. _________________ 25 See: Annexes to the Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions on Commission Work Programme 2021 (COM(2020) 690 final). 26For example, Directive 2011/24/EU in the context of the European Health Data Space, and relevant transport legislation such as Directive 2010/40/EU, Regulation 2019/1239 and Regulation (EU) 2020/1056, in the context of the European Mobility Data Space. 27Regulation (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) 28 Directive (EU) 2016/680 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data by competent authorities for the purposes of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, and on the free movement of such data, and repealing Council Framework Decision 2008/977/JHA. (OJ L 119, 4.5.2016, p.89) 29Directive (EU) 2016/943 of the European Parliament and of the Council of 8 June 2016 on the protection of undisclosed know-how and business information (trade secrets) against their unlawful acquisition, use and disclosure. (OJ L 157, 15.6.2016, p.1) 30 Regulation (EU) 2018/1807 of the European Parliament and of the Council of 14 November 2018 on a framework for the free flow of non-personal data in the European Union. (OJ L 303, 28.11.2018, p. 59) 31Regulation (EC) No 223/2009 of the European Parliament and of the Council of 11 March 2009 on European statistics and repealing Regulation (EC, Euratom) No 1101/2008 of the European Parliament and of the Council on the transmission of data subject to statistical confidentiality to the Statistical Office of the European Communities, Council Regulation (EC) No 322/97 on Community Statistics, and Council Decision 89/382/EEC, Euratom establishing a Committee on the Statistical Programmes of the European Communities. (OJ L 87, 31.03.2009, p. 164) 32Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000, on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market (Directive on electronic commerce). (OJ L 178, 17.07.2000, p. 1) 33Directive 2001/29/EC of the European Parliament and of the Council of 22 May 2001 on the harmonisation of certain aspects of copyright and related rights in the information society. (OJ L 167, 22.6.2001, p. 10) 34 Directive (EU) 2019/790 of the European Parliament and of the Council of 17 April 2019 on copyright and related rights in the Digital Single Market and amending Directives 96/9/EC and 2001/29/EC. (OJ L 130, 17.5.2019, p. 92) 35Directive 2004/48/EC of the European Parliament and of the Council of 29 April 2004 on the enforcement of intellectual property rights. (OJ L 157, 30.4.2004). 36Directive (EU) 2019/1024 of the European Parliament and of the Council of 20 June 2019 on open data and the re-use of public sector information. (OJ L 172, 26.6.2019, p. 56). 37 Regulation (EU) 2018/858 of the European Parliament and of the Council of 30 May 2018 on the approval and market surveillance of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles, amending Regulations (EC) No 715/2007 and (EC) No 595/2009 and repealing Directive 2007/46/EC (OJ L 151, 14.6.2018). 38 Directive 2010/40/EU of the European Parliament and of the Council of 7 July 2010 on the framework for the deployment of Intelligent Transport Systems in the field of road transport and for interfaces with other modes of transport. (OJ L 207, 6.8.2010, p. 1)
Amendment 131 #
2020/0340(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) Action at Union level is necessary in order to address the barriers to a well- functioning data-driven economy and to create a Union-wide governance framework for data access and use, in particular regarding the re-use of certainspecific types of data held by the public sector, the rules governing the provision of services by data sharing providerintermediaries to business users and to data subjects, as well as the collection and, processing and regulation of data made available for altruistic purposes by natural and legal persons.
Amendment 136 #
2020/0340(COD)
Proposal for a regulation
Recital 5 a (new)
Recital 5 a (new)
(5 a) Particular attention must be given to micro and small and medium enterprises whose access to data is limited. Structures adopted by Member States must focus on overcoming barriers to access as well as use of data.
Amendment 141 #
2020/0340(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) There are techniques enabling privacy-friendly analyses on databases that contain personal data, such as anonymisation, pseudonymisation, differential privacy, generalisation, or suppression and randomisation. Application of these privacy-enhancing technologies, together with comprehensive data protection approaches should ensure the safe re-use of personal anonymous data and commercially confidential business data foronly for specific cases such as research, innovation and statistical purposes. In many cases this implies that the data use and re-use in this context can only be done in a secure processing environment set in place and supervised by the public sector. There is experience at Union level with such secure processing environments that are used for research on statistical microdata on the basis of Commission Regulation (EU) 557/2013 (39 ). In general, insofar as personal data are concerned, the processing of personal data should rely upon one or more of the grounds for processing provided in Article 6 of Regulation (EU) 2016/679. _________________ 39Commission Regulation (EU) 557/2013 of 17 June 2013 implementing Regulation (EC) No 223/2009 of the European Parliament and of the Council on European Statistics as regards access to confidential data for scientific purposes and repealing Commission Regulation (EC) No 831/2002 (OJ L 164, 18.6.2013, p. 16).
Amendment 143 #
2020/0340(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) The categories of data held by public sector bodies which should be subject to re-use under this Regulation fall outside the scope of Directive (EU) 2019/1024 that excludes data which is not accessible due to commercial and statistical confidentiality and data for which third parties have intellectual property rights. Commercially confidential data includes data protected by trade secrets, highly- sensitive data, confidentiality obligations and agreements and any other unauthorised information that could harm commercial interest of the business. Personal data fall outside the scope of Directive (EU) 2019/1024 insofar as the access regime excludes or restricts access to such data for reasons of data protection, privacy and the integrity of the individual, in particular in accordance with data protection rules. The re-use of data, which may contain trade secrets, shouldmust take place without prejudice to Directive (EU) 2016/94340 , which sets the framework for the lawful acquisition, use or disclosure of trade secrets. This Regulation is without prejudice and complementary to more specific obligations on public sector bodies to allow re-use of data laid down in sector- specific Union or national law. _________________ 40 OJ L 157, 15.6.2016, p. 1–18
Amendment 146 #
2020/0340(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) Public sector bodies should comply with competition law when establishing the principles for re-use of data they hold, avoiding as far as possible the conclusion of agreements, which might have as their objective or effect the creation of exclusive rights for the re-use of certain data. Such agreement should be only possible when justified and necessary for the provision of a service of general interest. This may be the case when exclusive use of the data is the only way to maximise the societal benefits of the data in question, for example where there is only one entity (which has specialised in the processing of a specific dataset) capable of delivering the service or the product which allows the public sector body to provide an advanced digital service in the general interest. Such arrangements should, however, be concluded in compliance with public procurement rules and be subject to regular review based on a market analysis in order to ascertain whether such exclusivity continues to be necessary. In addition, such arrangements should comply with the relevant State aid rules, as appropriate, and should be concluded for a limited period, which should not exceed threewo years. In order to ensure transparency, such exclusive agreements should be published online, regardless of a possible publication of an award of a public procurement contract.
Amendment 162 #
2020/0340(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) It is necessary to improve the conditions for data sharing in the internal market, by creating a harmonised framework for data exchanges. Sector- specific legislation can develop, adapt and propose new and complementary elements, depending on the specificities of the sector, such as the envisaged legislation on the European health data space25 and on access to vehicle data. Moreover, certain sectors of the economy are already regulated by sector-specific Union law that include rules relating to cross-border or Union wide sharing or access to data26 . This Regulation is therefore without prejudice to Regulation (EU) 2016/679 of the European Parliament and of the Council27, and in particular the implementation of this Regulation shall not prevent cross border transfers of data in accordance with Chapter V of Regulation (EU) 2016/679 from taking place, Directive (EU) 2016/680 of the European Parliament and of the Council28, Directive (EU) 2016/943 of the European Parliament and of the Council29, Regulation (EU) 2018/1807 of the European Parliament and of the Council30, Regulation (EC) No 223/2009 of the European Parliament and of the Council31, Directive 2000/31/EC of the European Parliament and of the Council32, Directive 2001/29/EC of the European Parliament and of the Council33, Directive (EU) 2019/790 of the European Parliament and of the Council34, Directive 2004/48/EC of the European Parliament and of the Council35, Directive (EU) 2019/1024 of the European Parliament and of the Council36, as well as Regulation 2018/858/EU of the European Parliament and of the Council37, Directive 2010/40/EU of the European Parliament and of the Council38 and Delegated Regulations adopted on its basis, and any other sector-specific Union legislation that organises the access to and re-use of data. This Regulation should be without prejudice to the access and use of data for the purpose of international cooperation in the context of prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties. A horizontal regime for the re-use of certain categories of protected data held by public sector bodies, the provision of data sharing services and of services based on data altruism in the Union should be established. Specific characteristics of different sectors may require the design of sectoral data-based systems, while building on the requirements of this Regulation. Where a sector-specific Union legal act requires public sector bodies, providers of data sharing services or registered entities providing data altruism services to comply with specific additional technical, administrative or organisational requirements, including through an authorisation or certification regime, those provisions of that sector-specific Union legal act should also apply. __________________ 25 See: Annexes to the Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions on Commission Work Programme 2021 (COM(2020) 690 final). 26For example, Directive 2011/24/EU in the context of the European Health Data Space, and relevant transport legislation such as Directive 2010/40/EU, Regulation 2019/1239 and Regulation (EU) 2020/1056, in the context of the European Mobility Data Space. 27Regulation (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) 28 Directive (EU) 2016/680 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data by competent authorities for the purposes of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, and on the free movement of such data, and repealing Council Framework Decision 2008/977/JHA. (OJ L 119, 4.5.2016, p.89) 29Directive (EU) 2016/943 of the European Parliament and of the Council of 8 June 2016 on the protection of undisclosed know-how and business information (trade secrets) against their unlawful acquisition, use and disclosure. (OJ L 157, 15.6.2016, p.1) 30 Regulation (EU) 2018/1807 of the European Parliament and of the Council of 14 November 2018 on a framework for the free flow of non-personal data in the European Union. (OJ L 303, 28.11.2018, p. 59) 31Regulation (EC) No 223/2009 of the European Parliament and of the Council of 11 March 2009 on European statistics and repealing Regulation (EC, Euratom) No 1101/2008 of the European Parliament and of the Council on the transmission of data subject to statistical confidentiality to the Statistical Office of the European Communities, Council Regulation (EC) No 322/97 on Community Statistics, and Council Decision 89/382/EEC, Euratom establishing a Committee on the Statistical Programmes of the European Communities. (OJ L 87, 31.03.2009, p. 164) 32Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000, on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market (Directive on electronic commerce). (OJ L 178, 17.07.2000, p. 1) 33Directive 2001/29/EC of the European Parliament and of the Council of 22 May 2001 on the harmonisation of certain aspects of copyright and related rights in the information society. (OJ L 167, 22.6.2001, p. 10) 34 Directive (EU) 2019/790 of the European Parliament and of the Council of 17 April 2019 on copyright and related rights in the Digital Single Market and amending Directives 96/9/EC and 2001/29/EC. (OJ L 130, 17.5.2019, p. 92) 35Directive 2004/48/EC of the European Parliament and of the Council of 29 April 2004 on the enforcement of intellectual property rights. (OJ L 157, 30.4.2004). 36Directive (EU) 2019/1024 of the European Parliament and of the Council of 20 June 2019 on open data and the re-use of public sector information. (OJ L 172, 26.6.2019, p. 56). 37 Regulation (EU) 2018/858 of the European Parliament and of the Council of 30 May 2018 on the approval and market surveillance of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles, amending Regulations (EC) No 715/2007 and (EC) No 595/2009 and repealing Directive 2007/46/EC (OJ L 151, 14.6.2018). 38 Directive 2010/40/EU of the European Parliament and of the Council of 7 July 2010 on the framework for the deployment of Intelligent Transport Systems in the field of road transport and for interfaces with other modes of transport. (OJ L 207, 6.8.2010, p. 1)
Amendment 164 #
2020/0340(COD)
Proposal for a regulation
Recital 16
Recital 16
(16) In cases where there is no implementing act adopted by the Commission in relation to a third country declaring that it provides a level of protection, in particular as regards the protection of commercially sensitive data and the protection of intellectual property rights, which is essentially equivalent to that provided by Union or national law, the public sector body should only transmit protected data to a re-user, if the re-user undertakes obligations in the interest of the protection of the data. The re-user that intends to transfer the data to such third country should commit to comply with the obligations laid out in this Regulation even after the data has been transferred to the third country. To ensure the proper enforcement of such obligations, the re-user should also accept the jurisdiction of the Member State of the public sector body that allowed the re-use for the judicial settlement of disputesnot transmit protected data to a re-user.
Amendment 170 #
2020/0340(COD)
Proposal for a regulation
Recital 17
Recital 17
(17) Some third countries adopt laws, regulations and other legal acts which aim at directly transferring or providing access to non-personal data in the Union under the control of natural and legal persons under the jurisdiction of the Member States. Judgments of courts or tribunals or decisions of administrative authorities in third countries requiring such transfer or access to non-personal data should be enforceable when based on an international agreement, such as a mutual legal assistance treaty, in force between the requesting third country and the Union or a Member State. In some cases, situations may arise where the obligation to transfer or provide access to non-personal data arising from a third country law conflicts with a competing obligation to protect such data under Union or national law, in particular as regards the protection of commercially sensitive data and the protection of intellectual property rights, and including its contractual undertakings regarding confidentiality in accordance with such law. In the absence of international agreements regulating such matters, transfer or access should only be allowed under certain conditions, in particular that the third-country system requires the reasons and proportionality of the decision to be set out, that the court order or the decision is specific in character, and the reasoned objection of the addressee is subject to a review by a competent court in the third country, which is empowered to take duly into account the relevant legal interests of the provider of such data.
Amendment 170 #
2020/0340(COD)
Proposal for a regulation
Recital 7 a (new)
Recital 7 a (new)
(7a) It highlights the importance of processing the personal data of EU citizens in the European Union if at all possible.
Amendment 171 #
2020/0340(COD)
Proposal for a regulation
Recital 7 b (new)
Recital 7 b (new)
(7b) The development of a European industrial and technological base calls for the introduction of a European preference for local or European production in public procurement of digital data in the European Union.
Amendment 172 #
2020/0340(COD)
Proposal for a regulation
Recital 8 a (new)
Recital 8 a (new)
(8a) Some personal data, such as health or children’s data, are by their very nature unique. The anonymisation of such data should be guaranteed and storage or analysis thereof outside the European Union should not be authorised.
Amendment 173 #
2020/0340(COD)
Proposal for a regulation
Recital 18
Recital 18
(18) In order to prevent unlawful access to non-personal data, public sector bodies, natural or legal persons to which the right to re-use data was granted, data sharing providers and entities entered in the register of recognised data altruism organisations should take all reasonable and legal measures to prevent access to the systems where non-personal data is stored, including encryption of data or corporate policies.
Amendment 179 #
2020/0340(COD)
Proposal for a regulation
Recital 19
Recital 19
(19) In order to build trust in re-use mechanisms, it may be necessary to attach stricter conditions for certain types of non- personal data that have been identified as highly sensitive, as regards the transfer to third countries, if such transfer could jeopardise public policy objectives, in line with international commitments. For example, in the health domain, certain datasets held by actors in the public health system, such as public hospitals, could be identified as highly sensitive health data. In order to ensure harmonised practices across the Union, such types of highly sensitive non-personal public data should be defined by Union law, for example in the context of the European Health Data Space or other sectoral legislation. The conditions attached to the transfer of such data to third countries should be laid down in delegated acts. Conditions should be proportionate, non-discriminatory and necessary to protect legitimate public policy objectives identified, such as the protection of public health, public order, safety, the environmental and agricultural practices, public morals, consumer protection, privacy and personal data protection. The conditions should correspond to the risks identified in relation to the sensitivity of such data, including in terms of the risk of the re- identification of individuals. These conditions could include terms applicable for the transfer or technical arrangements, such as the requirement of using a secure processing environment, limitations as regards the re-use of data in third-countries or categories of persons which are entitled to transfer such data to third countries or who can access the data in the third country. In exceptional cases they could also include restrictions on transfer of the data to third countries to protect the public interest.
Amendment 187 #
2020/0340(COD)
Proposal for a regulation
Recital 21
Recital 21
(21) In order to incentivise the re-use of these categories of data, Member States should establish a single information point to act as the primary interface for re-users that seek to re-use such data held by the public sector bodies. It should have a cross-sector remit, and should complement, if necessary, arrangements at the sectoral level. In addition, Member States should designate, establish or facilitate the establishment of competent bodies, also creating and implementing training courses, sensitising in order to share the final aim to support the activities of public sector bodies allowing re-use of certain categories of protected data. Their tasks may include granting access to data, where mandated in sectoral Union or Member States legislation. Those competent bodies should provide support to public sector bodies with state-of-the-art techniques, including secure data processing environments, which allow data analysis in a manner that preserves the privacy of the information. Such support structure could support the data holders with management of the consent, including consent to certain areas of scientific research when in keeping with recognised ethical standards for scientific research. Data processing should be performed under the responsibility of the public sector body responsible for the register containing the data, who remains a data controller in the sense of Regulation (EU) 2016/679 insofar as personal data are concerned. Member States may have in place one or several competent bodies, which could act in different sectors promoting and enhancing the synergies between them in order to create a data driven environment.
Amendment 189 #
2020/0340(COD)
Proposal for a regulation
Recital 15 b (new)
Recital 15 b (new)
(15b) A third country which has not penalised a significant security lapse on the part of a firm processing personal or protected data of European origin will be deemed not to offer appropriate safeguards.
Amendment 190 #
2020/0340(COD)
Proposal for a regulation
Recital 15 c (new)
Recital 15 c (new)
(15c) Third countries engaging in economic espionage against EU companies cannot be deemed to offer appropriate safeguards regarding the processing by their companies of protected data of European origin.
Amendment 191 #
2020/0340(COD)
Proposal for a regulation
Recital 16 a (new)
Recital 16 a (new)
(16a) To ensure the proper enforcement of such obligations, the re-user located in a third country or another Member State should also authorise any inspection deemed necessary by the public-sector body which authorised re-use.
Amendment 192 #
2020/0340(COD)
Proposal for a regulation
Recital 22
Recital 22
(22) Providers of data sharing services (data intermediaries) are expected to play a key role in the data economy, as a tool to facilitate the aggregation and exchange of substantial amounts of relevant data. Data intermediaries should be controlled and authorised only by public bodies within the Member States. Data intermediaries offering services that connect the different actors have the potential to contribute to the efficient pooling of data as well as to the facilitation of bilateral data sharing. Specialised data intermediaries that are independent from both data holders and data users can have a facilitating role in the emergence of new data-driven ecosystems independent from any player with a significant degree of market power. This Regulation should only cover providers of data sharing services that have as a main objective the establishment of a business, a legal and potentially also technical relation between data holders, including data subjects, on the one hand, and potential users on the other hand, and assist both parties in a transaction of data assets between the two. It should only cover services aiming at intermediating between an indefinite number of data holders and data users, excluding data sharing services that are meant to be used by a closed group of data holders and users. Providers of cloud services should be excluded, as well as service providers that obtain data from data holders, aggregate, enrich or transform the data and licence the use of the resulting data to data users, without establishing a direct relationship between data holders and data users, for example advertisement or data brokers, data consultancies, providers of data products resulting from value added to the data by the service provider. At the same time, data sharing service providers should be allowed to make adaptations to the data exchanged, to the extent that this improves the usability of the data by the data user, where the data user desires this, or improve the interoperability of digital platforms, such as to convert it into specific formats. In addition, services that focus on the intermediation of content, in particular on copyright-protected content, should not be covered by this Regulation. Data exchange platforms that are exclusively used by one data holder in order to enable the use of data they hold as well as platforms developed in the context of objects and devices connected to the Internet-of-Things that have as their main objective to ensure functionalities of the connected object or device and allow value added services, should not be covered by this Regulation. ‘Consolidated tape providers’ in the sense of Article 4 (1) point 53 of Directive 2014/65/EU of the European Parliament and of the Council42 as well as ‘account information service providers’ in the sense of Article 4 point 19 of Directive (EU) 2015/2366 of the European Parliament and of the Council43 should not be considered as data sharing service providers for the purposes of this Regulation. Entities which restrict their activities to facilitating use of data made available on the basis of data altruism and that operate on a not-for-profit basis should not be covered by Chapter III of this Regulation, as this activity serves objectives of general interest by increasing the volume of data available for such purposes. _________________ 42Directive 2014/65/EU of the European Parliament and of the Council of 15 May 2014 on markets in financial instruments and amending Directive 2002/92/EC and Directive 2011/61/EU, OJ L 173/349. 43Directive (EU) 2015/2366 of the European Parliament and of the Council of 25 November 2015 on payment services in the internal market, amending Directives 2002/65/EC, 2009/110/EC and 2013/36/EU and Regulation (EU) No 1093/2010, and repealing Directive 2007/64/EC.
Amendment 192 #
2020/0340(COD)
Proposal for a regulation
Recital 16 b (new)
Recital 16 b (new)
(16b) A Member State should be able to require cloud providers and digital undertakings operating in the European Union, whether located in the European Union or in a third country, to grant access to any relevant personal data linked to terrorism, even if they are stored in a third country.
Amendment 202 #
2020/0340(COD)
Proposal for a regulation
Recital 24
Recital 24
(24) Data cooperatives seek to strengthen the position of individuals in making informed choices before consenting to data use, influencing the terms and conditions of data user organisations attached to data use or potentially solving disputes between members of a group on how data can be used when such data pertain to several data subjects within that group. In this context it is important to acknowledge that the rights under Regulation (EU) 2016/679 can only be exercised by each individual and cannot be conferred or delegated to a data cooperative. Data cooperatives could also provide a useful means for one-person companies, micro, small and medium-sized enterprises, especially in the agrifood sector, that in terms of knowledge of data sharing, are often comparable to individuals.
Amendment 219 #
2020/0340(COD)
Proposal for a regulation
Recital 27
Recital 27
(27) In order to ensure the compliance of the providers of data sharing servicintermediaries with the conditions set out in this Regulation, such providers should have a place of establishment in the Union. Alternatively, where a provider of data sharing services not established in the Union offers services within the Union, it should designate a representative. Designation of a representative is necessary, given that such providers of data sharing services handle personal data as well as commercially confidential data, which necessitates the close monitoring of the compliance of such service providers with the conditions laid out in this Regulation. In order to determine whether such a provider of data sharing services is offering services within the Union, it should be ascertained whether it is apparent that the provider of data sharing services is planning to offer services to persons in one or more Member States. The mere accessibility in the Union of the website or of an email address and of other contact details of the provider of data sharing services, or the use of a language generally used in the third country where the provider of data sharing services is established, should be considered insufficient to ascertain such an intention. However, factors such as the use of a language or a currency generally used in one or more Member States with the possibility of ordering services in that other language, or the mentioning of users who are in the Union, may make it apparent that the provider of data sharing services is planning to offer services within the Union. The representative should act on behalf of the provider of data sharing services and it should be possible for competent authorities to contact the representative. The representative should be designated by a written mandate of the provider of data sharing services to act on the latter's behalf with regard to the latter's obligations under this Regulation.
Amendment 224 #
2020/0340(COD)
Proposal for a regulation
Recital 29 a (new)
Recital 29 a (new)
(29 a) In that regard, it is of particular importance to create a data economic environment that enables equal access to data to both SMEs and big companies. This Regulation should avoid monopolistic implementations and structures that could disadvantage micro companies and SMEs.
Amendment 225 #
2020/0340(COD)
Proposal for a regulation
Recital 29 b (new)
Recital 29 b (new)
(29 b) Competitively sensitive information should also take into account the possibility of issuing fake data to destabilise the market, which could be due to third parties having an interest in these unfair competition practices. For this purpose, processes to verify the authenticity of the data must be activated.
Amendment 260 #
2020/0340(COD)
Proposal for a regulation
Recital 41
Recital 41
(41) The Board should support the Commission in coordinating national practices and policies on the topics covered by this Regulation, and in supporting cross- sector data use by adhering to the European Interoperability Framework (EIF) principles and through the utilisation of standards and specifications (such as the Core Vocabularies44 and the CEF Building Blocks45 ), without prejudice to standardisation work taking place in specific sectors or domains. Work on technical standardisation may include the identification of priorities for the development of standards and establishing and maintaining a set of technical and legal standards for transmitting data between two processing environments that allows data spaces to be organised without making recourse to an intermediary. The Board should cooperate with sectoral bodies, networks or expert groups, or other cross- sectoral organisations dealing with re-use of data. Regarding data altruism, the Board should assist the Commission in the development of the data altruism consent form, in consultation with the European Data Protection Board. Moreover, it should assist the Commission in defining policies and strategies with the aim of avoiding any cases of data manipulation and the creation of "false data", which could cause serious damage to various sectors. _________________ 44 https://joinup.ec.europa.eu/collection/sema ntic-interoperability-community- semic/core-vocabularies 45 https://joinup.ec.europa.eu/collection/conn ecting-europe-facility-cef
Amendment 265 #
2020/0340(COD)
Proposal for a regulation
Recital 41 a (new)
Recital 41 a (new)
(41 a) With reference to 'false data', the Board could evaluate the possibility of creating a "data passport" containing certified or certifiable data, in order to exclude any attempt to falsify the data.
Amendment 271 #
2020/0340(COD)
Proposal for a regulation
Recital 44 a (new)
Recital 44 a (new)
(44 a) This Regulation shall be enacted in full coherence and consistency with other existing EU legislation, such as the General Data Protection Regulation, as well as ongoing proposals which contain provision on data processing, such as the Digital Service Act (DSA), the Digital Market Act (DMA) or the e-Privacy Regulation.
Amendment 271 #
2020/0340(COD)
Proposal for a regulation
Article 6 – paragraph 5
Article 6 – paragraph 5
(5) Fees shall be derived from the costs related to the production of the data, to the processing of requests for re- use of the categories of data referred to in Article 3 (1) and a percentage of the profits generated through the commercial re-use of the data. The methodology for calculating fees shall be published in advance.
Amendment 272 #
2020/0340(COD)
Proposal for a regulation
Article 6 – paragraph 5 a (new)
Article 6 – paragraph 5 a (new)
(5a) The Member State may use the cost of producing the data to establish a fair fee to offset the initial or recurrent public investment. The European Union shall use the fees to cover the sums it has invested to produce these data.
Amendment 273 #
2020/0340(COD)
Proposal for a regulation
Article 6 – paragraph 5 b (new)
Article 6 – paragraph 5 b (new)
(5b) In making the calculation, the Member State may take account of the way the data are used and the company’s tax contribution in order to reduce the fee.
Amendment 287 #
2020/0340(COD)
Proposal for a regulation
Article 1 – paragraph 2 a (new)
Article 1 – paragraph 2 a (new)
(2 a) This Regulation should not affect the level of protection of individual with regard to the processing of personal data under the provisions of Union and national law and does not alter any obligations and rights set out in the data protection legislation.
Amendment 290 #
2020/0340(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 1
Article 2 – paragraph 1 – point 1
(1) ‘data’ means any digital and non- digital representation of acts, facts or information and any compilation of such acts, facts or information, including in the form of sound, visual or audiovisual recording;
Amendment 292 #
2020/0340(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 1 a (new)
Article 2 – paragraph 1 – point 1 a (new)
(1 a) 'highly sensitive data' means data protected by IP, trade secret, and non- personal data whose disclosure to third country authorities may pose threats to national and public security;
Amendment 296 #
2020/0340(COD)
Proposal for a regulation
Article 10 – paragraph 6 – point h a (new)
Article 10 – paragraph 6 – point h a (new)
(ha) the place of data processing and the number of jobs to be created in the European Union;
Amendment 297 #
2020/0340(COD)
Proposal for a regulation
Article 10 – paragraph 6 – point h b (new)
Article 10 – paragraph 6 – point h b (new)
(hb) the turnover and taxes paid in the Member State in the previous year, except in the case of an SME.
Amendment 300 #
2020/0340(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 3 a (new)
Article 2 – paragraph 1 – point 3 a (new)
(3 a) ‘consent’ of the data subject means any freely given, specific, informed, clear and unambiguous indication of the data subject's wishes by which data holders, by a legal statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to them;
Amendment 301 #
2020/0340(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 3 b (new)
Article 2 – paragraph 1 – point 3 b (new)
(3 b) 'data subject' means an identified or identifiable natural person; an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person;
Amendment 313 #
2020/0340(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 7
Article 2 – paragraph 1 – point 7
(7) ‘data sharing’ means the provision by a data holder of data to a data user for the purpose of joint or individual use of the shared data, based on voluntary agreements, directly or through an intermediary; and operationalised through data exchange between the parties engaged.
Amendment 318 #
2020/0340(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 7 a (new)
Article 2 – paragraph 1 – point 7 a (new)
(7 a) ‘data exchange’ means and encompasses all the activities performed by the data holder, the data user and the data sharing service provider, for the purpose of exchanging data, under open data or commercial licenses, for free or against remuneration.
Amendment 318 #
2020/0340(COD)
Proposal for a regulation
Article 13 – paragraph 4 – point a a (new)
Article 13 – paragraph 4 – point a a (new)
(aa) impose a state compensation obligation on the entity re-using the data in the event of a breach of data anonymity.
Amendment 319 #
2020/0340(COD)
Proposal for a regulation
Article 13 – paragraph 4 – point b a (new)
Article 13 – paragraph 4 – point b a (new)
(ba) exclude the provider from access to new public data in that Member State for a specified period of time.
Amendment 321 #
2020/0340(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 8 a (new)
Article 2 – paragraph 1 – point 8 a (new)
(8 a) ‘processing’ means any operation or set of operations which is performed on data or on sets of data in electronic format, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction;
Amendment 338 #
2020/0340(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 15 a (new)
Article 2 – paragraph 1 – point 15 a (new)
(15 a) 'data sovereignty' means a form of management of the cyber space that provides for the possession by the Member State of the networks and data transmitted through them.
Amendment 356 #
2020/0340(COD)
Proposal for a regulation
Article 4 – paragraph 5
Article 4 – paragraph 5
(5) The period of exclusivity of the right to re-use data shall not exceed three yearswo years, subject to approval by the competent body referred to in Article 7(1). Where a contract is concluded, the duration of the contract awarded shall be as aligned with the period of exclusivity.
Amendment 380 #
2020/0340(COD)
Proposal for a regulation
Article 27 – paragraph 1 – point e a (new)
Article 27 – paragraph 1 – point e a (new)
(ea) report annually the percentage of data shared in accordance with this Regulation which are processed inside and outside the European Union; report on job creation in the data-processing sector by Member State.
Amendment 384 #
2020/0340(COD)
Proposal for a regulation
Article 5 – paragraph 5
Article 5 – paragraph 5
(5) The public sector bodies shall impose conditions that preserve the integrity of the functioning of the technical systems of the secure processing environment used. The public sector body shall be able to verify any results of processing of data undertaken by the re- user and reserve the right to prohibit the use of results that contain information jeopardising the rights and interests of third partieird parties' IP rights, trade secrets or commercially sensitive information. Re-users may challenge such decisions and request additional verifications.
Amendment 387 #
2020/0340(COD)
Proposal for a regulation
Article 30 – paragraph 3
Article 30 – paragraph 3
Amendment 388 #
2020/0340(COD)
Proposal for a regulation
Article 5 – paragraph 5 a (new)
Article 5 – paragraph 5 a (new)
(5 a) A public sector body shall only make commercially confidential data available for re-use if it is able to do so in a manner which protects the legitimate commercial interests of third parties in the commercially confidential data.
Amendment 388 #
2020/0340(COD)
Proposal for a regulation
Article 30 – paragraph 3 – point a
Article 30 – paragraph 3 – point a
(a) where the third-country system requires the reasons and proportionality of the decision to be set out, and it requires the court order or the decision, as the case may be, to be specific in character, for instance by establishing a sufficient link to certain suspected persons, or and their criminal infringements;
Amendment 433 #
2020/0340(COD)
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
(1) Member States shall designate one or more competent bodies, which may be sectoral, to support the public sector bodies which grant access to the re-use of the categories of data referred to in Article 3 (1) in the exercise of that task and in verifying the characteristics of portability and interoperability of data.
Amendment 453 #
2020/0340(COD)
Proposal for a regulation
Article 8 – paragraph 2 a (new)
Article 8 – paragraph 2 a (new)
Amendment 509 #
2020/0340(COD)
Proposal for a regulation
Article 11 – paragraph 1 – point 4 a (new)
Article 11 – paragraph 1 – point 4 a (new)
(4 a) the data intermediary may offer additional specific services to data holders facilitating the exchange of the data, such as aggregation, curation, pseudonymisation and anonymisation; with the aim of improving the quality or conversion of data to data holders or data users, or other related services, and those tools shall be used only at the explicit request or approval of the data holder in the framework of business-to-business agreements;
Amendment 538 #
2020/0340(COD)
Proposal for a regulation
Article 13 – paragraph 3
Article 13 – paragraph 3
(3) Where the competent authority finds that a provider of data sharing services does not comply with one or more of the requirements laid down in Article 10 or 11, it shall notify that provider of those findings and give it the opportunity to state its views, within a reasonable time limitmaximum of six months.
Amendment 541 #
2020/0340(COD)
Proposal for a regulation
Article 13 – paragraph 4 – introductory part
Article 13 – paragraph 4 – introductory part
(4) The competent authority shall have the power to require the cessation of the breach referred to in paragraph 3 either immediately or within a reasonable time limitmaximum of six months and shall take appropriate and proportionate measures aimed at ensuring compliance. In this regard, the competent authorities shall be able, where appropriate:
Amendment 586 #
2020/0340(COD)
Proposal for a regulation
Article 17 – paragraph 3
Article 17 – paragraph 3
(3) An entity that is not established in the Union, but meets the requirements in Article 16, shall appoint a legal representative in one of the Member Statesestablish a company located and registered in one of the Member States in the Union with an adequate number of employees, where it intends to collect data based on data altruism. For the purpose of compliance with this Regulation, that entity shall be deemed to be under the jurisdiction of the Member State where the legal representativecompany is located.
Amendment 588 #
2020/0340(COD)
Proposal for a regulation
Article 17 – paragraph 4 – point c
Article 17 – paragraph 4 – point c
(c) the statutes of the entity, where appropriate;
Amendment 614 #
2020/0340(COD)
Proposal for a regulation
Article 19 – paragraph 1 – point b
Article 19 – paragraph 1 – point b
(b) about the location of any processing outside the Union. In addition, the non-profit entities will request an authorisation to data holders with approval regarding all the information pursuant in accordance with paragraph 4 of Article 17. The authorisation should be issued by competent authorities designated pursuant to Article 20.
Amendment 640 #
2020/0340(COD)
Proposal for a regulation
Article 21 – paragraph 5 – point b a (new)
Article 21 – paragraph 5 – point b a (new)
(b a) In the case that the entity wishes to make the request again, an appropriate period of at least 12 months must pass. If the entity runs into criminal problems of a certain entity, neither the company nor the persons responsible in other companies will no longer be able to apply for registration.
Amendment 642 #
2020/0340(COD)
Proposal for a regulation
Article 21 – paragraph 6
Article 21 – paragraph 6
(6) If an entity included in the register of recognised data altruism organisations has its main establishment or legal representative in a Member State but is active in other Member States, the competent authority of the Member State of the main establishment or where the legal representative is located and the competent authorities of those other Member States shall cooperate and assist each other as necessary and they shall also comply with the rules of the most restrictive Member States in which they operate. Such assistance and cooperation may cover information exchanges between the competent authorities concerned and requests to take the supervisory measures referred to in this Article.
Amendment 656 #
2020/0340(COD)
Proposal for a regulation
Article 23 – title
Article 23 – title
Requirements and procedures relating to competent authorities
Amendment 661 #
2020/0340(COD)
Proposal for a regulation
Article 23 – paragraph 6
Article 23 – paragraph 6
(6) The competent authorities of a Member State shall provide the Commission and competent authorities from other Member States, on reasoned request, with the information necessary to carry out their tasks under this Regulation. Where a national competent authority considers the information requested to be confidential in accordance with Union and national rules on national security, commercial and professional confidentiality, the Commission and any other competent authorities concerned shall ensure such confidentiality. reporting directly to the government of the Member States.
Amendment 694 #
2020/0340(COD)
Proposal for a regulation
Article 27 – paragraph 1 – point b a (new)
Article 27 – paragraph 1 – point b a (new)
(b a) to advise and assist the Commission in developing consistent guidelines for increase a data literacy and that looks at the technology transfer from research, thanks to an expansion of the resources available to those involved in data literacy training, associations, cooperatives and in general to innovation brokers.
Amendment 701 #
2020/0340(COD)
Proposal for a regulation
Article 27 – paragraph 1 – point d a (new)
Article 27 – paragraph 1 – point d a (new)
(d a) In addition, it should assist the Commission in defining policies and strategies with the aim of avoiding any cases of data manipulation and the creation of "false data", which could cause serious damage to various sectors. With reference to 'false data', the Board could evaluate the possibility of creating a "data passport" containing certified or certifiable data, in order to exclude any attempt to falsify the data.
Amendment 721 #
2020/0340(COD)
Proposal for a regulation
Article 30 – paragraph 1
Article 30 – paragraph 1
(1) The public sector body, the natural or legal person to which the right to re-use data was granted under Chapter 2, the data sharing provider or the entity entered in the register of recognised data altruism organisations, as the case may be, shall take all reasonable technical, legal and organisational measures in order to prevent transfer or access to non-personal sensitive data held in the Union where such transfer or access would create a conflict with Union law or the law of the relevant Member State, unless the prohibiting such transfer or access are in line with paragraph 2 or 3.
Amendment 49 #
2020/0306(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) The exchanges of digital information through EU CSW-CERTEX should cover Union non-customs formalities laid down in Union legislation that customs authorities are entrusted to enforce. Those formalities impose different obligations for the import, export or transit of certain goods, and their verification through customs controls is fundamentally important to the effective functioning of the EU Single Window Environment for Customs. EU CSW-CERTEX should cover digitalised regulatory formalities laid down in Union legislation and managed by partner competent authorities in electronic Union non-customs systems, storing the relevant information from all Member States required for goods clearance. It is therefore appropriate to identify the Union non-customs formalities which should be subject to digital cooperation through EU CSW-CERTEX. In particular, EU CSW- CERTEX should initially cover sanitary and phytosanitary requirements, rules regulating the import of organic products, environmental requirements in relation to fluorinated greenhouse gases and ozone depleting substances, and formalities related to the import of cultural goods. EU CSW-CERTEX should integrate other non-customs formalities as soon as the appropriate technical and functional specifications are in place.
Amendment 56 #
2020/0306(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) Any processing of personal data in EU CSW-CERTEX shall be conducted in an appropriately safe and secure environment with a view to preventing unauthorised disclosure and alteration. To that end, suitable organisational and technical cybersecurity measures should be adopted, including and deploying in particular encryption measures. Furthermore, any processing of personal data should facilitate information sharing between the national environments for customs and Union non- customs systems without any storing of data. It should also transform data, where necessary and taking into account the need to respect confidentiality, to enable information exchange between both digital domains. The information technology facilities used for data transformation should be located in the Union.
Amendment 62 #
2020/0306(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) The increased digitalisation of customs and Union non-customs regulatory formalities applicable to international trade has opened up new opportunities for Member States to improve the digital cooperation between customs and partner competent authorities. In pursuit of those priorities, several Member States have started to develop frameworks for national single window environments for customs. Those initiatives differ substantially depending on the level of existing customs information technology architecture, priorities and cost structures. It is therefore necessary to require Member States to establish and operate national single window environments for customs for Union non-customs formalities covered by EU CSW-CERTEX. Those environments should constitute the national components of the EU Single Window Environment for Customs, enabling safe and secure electronic information sharing and collaboration between customs, partner competent authorities and economic operators to ensure compliance with and efficient enforcement of customs legislation and Union non-customs formalities covered by EU CSW-CERTEX. In lineorder to realise an effective and uniform application of this Regulation, the Commission shall provide guidance concerning common technical and functional specifications for the integration of the relevant non-customs formalities within thise national single window environments for customs. As a result, national single windows should also be interoperable between each other in order to cater for the validation of formalities which, although issued by national administrations, are valid throughout the Union. . In line with these objectives, the national single window environments for customs should enable the automated verification by customs authorities of formalities in respect of which data is transmitted from the respective Union non-customs system through EU CSW-CERTEX. The national single window environments for customs should also allow partner competent authorities to monitor and control the quantities of authorised goods (‘quantity management’) that have been released by customs through the Union. This should be ensured by providing the necessary clearance information to the Union non- customs systems through EU CSW- CERTEX. In practical terms, quantity management at Union level is necessary to enable a better enforcement of non- customs regulatory formalities by automatically and consistently monitoring the consumption of authorised quantities for the release of goods, avoiding their overuse or mishandling.
Amendment 66 #
2020/0306(COD)
Proposal for a regulation
Recital 14
Recital 14
(14) To further simplify goods clearance processes for economic operators and to reduce administrative burdens, the national single window environments for customs should become a single channel to communicate with customs and partner competent authorities. Adequate support and information on the processes and technical requirements related to the use of such single channel should be provided to economic operators via easily accessible and user-friendly national websites. The Union non- customs formalities subject to this additional facilitation measure are a subset of the overarching formalities covered by EU CSW-CERTEX. The Commission should identify those formalities progressively by assessing the fulfilment of a set of criteria relevant to trade facilitation, taking into account their legal and technical feasibility. In order to further enhance trade facilitation, it should be possible to use the national single window environments for customs as a platform for coordinating controls between customs authorities and partner competent authorities in line with Article 47(1) of Regulation (EU) No 952/2013.
Amendment 80 #
2020/0306(COD)
Proposal for a regulation
Recital 26
Recital 26
(26) The Commission should regularly monitor the functioning of the EU Single Window Environment for Customs to evaluate the performance of EU CSW- CERTEX and to ensure the efficient enforcement of Union non-customs formalities covered by EU CSW-CERTEX, in particular with the view to integrate other non-customs formalities. The Commission should submit regular assessment reports on the functioning of the EU Single Window Environment for Customs to the European Parliament and to the Council. Those reports should take stock of progress, identify areas for improvement and propose recommendations for the future in light of progress made towards an improved digital collaboration between customs and partner competent authorities involved in goods clearance to ensure simplified processes for economic operators and the efficient enforcement of Union non-customs formalities.
Amendment 99 #
2020/0306(COD)
Proposal for a regulation
Article 6 – paragraph 1 – introductory part
Article 6 – paragraph 1 – introductory part
1. Processing of personal data shall be conducted in a safe and secure environment by means of appropriate organizational and technical cybersecurity measures. Processing of personal data may take place in EU CSW- CERTEX only for the following purposes:
Amendment 103 #
2020/0306(COD)
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. The Member States shall establish national single window environments for customs. Each Member State shall be responsible for the development, integration and operation of its single window environment for customs, including the safeguard of security and integrity of network and information systems in place. Member States shall ensure interoperability with EU CSW- CERTEX as well as with other national single window environments.
Amendment 106 #
2020/0306(COD)
Proposal for a regulation
Article 8 – paragraph 1 a (new)
Article 8 – paragraph 1 a (new)
Amendment 109 #
2020/0306(COD)
Proposal for a regulation
Article 8 – paragraph 2
Article 8 – paragraph 2
2. The national single window environments for customs shall enable the interoperable and secure exchange of information and cooperation by electronic means between customs authorities, partner competent authorities and economic operators for the purposes of compliance with and efficient enforcement of customs legislation and the Union non- customs formalities listed in the Annex.
Amendment 110 #
2020/0306(COD)
Proposal for a regulation
Article 8 – paragraph 3 – point c
Article 8 – paragraph 3 – point c
(c) provide a single communication channel for economic operators to lodge standardized information to fulfil the relevant customs formalities and Union non-customs formalities subject to additional digital cooperation in accordance with Article 12.
Amendment 114 #
2020/0306(COD)
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. The processing of personal data within the national single window environments for customs shall take place in a safe and secure manner by means of appropriate organizational and technical cybersecurity measures, as well as in accordance with Regulation (EU) 2016/679 separately from the processing operations referred to in Article 6 of this Regulation.
Amendment 118 #
2020/0306(COD)
Proposal for a regulation
Article 10 – paragraph 1 – introductory part
Article 10 – paragraph 1 – introductory part
1. For each of the Union non-customs formalities listed in the Annex, EU CSW- CERTEX shall enable information to be exchanged in a secure and interoperable manner between the national single window environments for customs and the relevant Union non-customs systems for the following purposes:
Amendment 122 #
2020/0306(COD)
Proposal for a regulation
Article 11 – paragraph 1 – point a
Article 11 – paragraph 1 – point a
(a) allowing economic operators to submit the relevantrough a single point of entry the relevant standardized information required for the fulfilment of the applicable customs formalities and Union non-customs formalities;
Amendment 142 #
2020/0306(COD)
Proposal for a regulation
Article 24 – paragraph 3
Article 24 – paragraph 3
Article 8(3), point (c), Article 11, Article 13(1), (2) and (3), Article 14 and Article 15(1) and (2) shall apply from 1 January 203129.
Amendment 26 #
2020/0141(NLE)
Proposal for a decision
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Decision 2008/376/EC
Article 2 – paragraph 2
Article 2 – paragraph 2
The Research Programme shall provide support for collaborative research in the coal and steel sectors. The Research Programme shall also provide support for clean steel breakthrough technologies leading to near zero-carbonprojects for more efficient steel -making projectswith less impact on the environment and research projects for managing the just transition of formerly operating coal mines or coal mines in the process of closure and related infrastructure in line with the Just Transition Mechanism and in compliance with Article 4(2) of Council Decision 2003/76/EC. The Research Programme shall be consistent with the political, scientific, and technological objectives of the Union, and shall complement the activities carried out in the Member States and within the existing EU research programmes, in particular the framework programme for research, technological development and demonstration activities (hereinafter referred to as ‘the Research Framework Programme’).;
Amendment 69 #
2020/0141(NLE)
Proposal for a decision
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Decision 2008/376/EC
Article 8 – paragraph 1 – introductory part
Article 8 – paragraph 1 – introductory part
Research and technological development (RTD) shall aim to develop, demonstrate and improve near zerolow-carbon steel production processes with a view to raising product quality and increasing productivity, in close synergy with companies operating in the sector and protecting the production chain. Substantially reducing emissions, energy consumption, the carbon footprint and other environmental impacts, through objectively verifiable tools, parameters and data, as well as conserving resources, shall form an integral part of the activities sought. Research projects shall address one or more of the following areas:
Amendment 73 #
2020/0141(NLE)
Proposal for a decision
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Decision 2008/376/EC
Article 8 – paragraph 1 – point (a)
Article 8 – paragraph 1 – point (a)
(a) new and improved breakthrough near zero-carbon iron- and steel-making processes and operations, with lower carbon emissions compared to traditional methods, and with particular attention to carbon direct avoidance and/or smart carbon usage;
Amendment 75 #
2020/0141(NLE)
Proposal for a decision
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Decision 2008/376/EC
Article 8 – paragraph 1 – point (c)
Article 8 – paragraph 1 – point (c)
(c) steel process integration and process efficiency in near zerolow-carbon steel production, to be assessed by means of objective tools and data;
Amendment 82 #
2020/0141(NLE)
Proposal for a decision
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Decision 2008/376/EC
Article 9 – paragraph 1 – introductory part
Article 9 – paragraph 1 – introductory part
RTD shall focus on meeting the requirements of steel users to develop new near zero-carbon productslower-carbon products, on protecting the European production sector and its workers, and on creating innovation and new market opportunities while reducing emissions and environmental impacts. In the context of the technologies referred to in Article 8, research projects shall address one or more of the following areas, with the objective to deliver near zero-carbon steel production processes in the Union:
Amendment 98 #
2020/0141(NLE)
Proposal for a decision
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Decision 2008/376/EC
Article 10 a – paragraph 1 – point (a)
Article 10 a – paragraph 1 – point (a)
(a) developing and disseminating competencies to keep pace with new near zero-low- carbon steel production processes, such asincluding digitalisation, and to reflect the principle of life-long learning;
Amendment 5 #
2019/2204(INI)
Motion for a resolution
Recital D
Recital D
D. whereas the 2016 Commission evaluation concluded that the objectives of the Defence Procurement Directive had only been achieved partially, since it allowed for an initial increase in competition, transparency and non- discrimination in the EU’s defence procurement market, but much more progress in Member States’ consistent use of the directive was needed to fully achieve those objectives fullyshowing a preference for local or European manufacturing in defence procurement;
Amendment 6 #
2019/2204(INI)
Motion for a resolution
Recital D a (new)
Recital D a (new)
Da. whereas following the military stances adopted by Erdoğan recently, Turkey is no longer a reliable ally in the fields of defence and security like other NATO members;
Amendment 8 #
2019/2204(INI)
Motion for a resolution
Recital E a (new)
Recital E a (new)
Ea. whereas the EPRS report (p. 111) states that: ‘American FMS sales (foreign military sales) for the period 2016-2018 accounted for USD 55 billion or 32 % of the total defence procurement expenditure for all EU countries’; whereas Greece purchased 30 F-16 (FMS) in the midst of the Greek euro crisis of 2009-2010;
Amendment 11 #
2019/2204(INI)
Motion for a resolution
Recital G a (new)
Recital G a (new)
Ga. whereas there is a need to protect and strengthen European subcontractors and manufacturers of critical components or systems in light of the predatory approach of third country undertakings;
Amendment 21 #
2019/2204(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Recalls in particular that the development of a European defence technological and industrial base requires the establishment of a European preference for local or European production in defence procurement in Europe;
Amendment 23 #
2019/2204(INI)
Motion for a resolution
Paragraph 2 b (new)
Paragraph 2 b (new)
2b. Considers that too many Member States source mainly from third countries to meet their defence needs;
Amendment 27 #
2019/2204(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Believes, in this regard, that the Commission should take a more proactive role in monitoring the G2G exclusions used by the Member States in their awarding of contracts outside the scope of the Defence Procurement Directive, and should not be mainly reliant on received complaints filed by the industry;
Amendment 29 #
2019/2204(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Considers that when a contracting authority authorises economic operators from countries outside the European Union or the European Economic Area to participate in a procedure for the award of defence or security contracts, this authorisation must take into account, inter alia, the requirements of security of information and supply, the safeguarding of defence and state security interests, the interest in developing the European defence technological and industrial base and the requirements of reciprocity;
Amendment 30 #
2019/2204(INI)
Motion for a resolution
Paragraph 3 b (new)
Paragraph 3 b (new)
3b. Deplores the use of G2G exclusions to allow for FMS acquisitions on a very large scale from third country partners and the distortions of competition suffered by European actors;
Amendment 33 #
2019/2204(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Considers that there is still a strong need to focus on the effective implementation of the Defence Procurement Directive, considers that, for that to happen, the Member States should focus on ensuring equal treatment of suppliers of hardware manufactured in Europe, transparency and competition and that the Commission should focus on providing the Member States with further guidelines on the application of the provisions laid down in the directive;
Amendment 34 #
2019/2204(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Stresses the need for coherence between the implementation of Directive 2009/81 and the European Defence Fund; as such, calls for tenders financed by ‘European’ funds should be reserved for European solutions;
Amendment 39 #
2019/2204(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Wishes, on the other hand, for the exclusion be made more flexible for defence and security cooperation so as to allow for the participation of an additional Member State in a project, even after the R&D phase, and for it to be expanded to cover other forms of cooperation, such as cross-purchases between two Member States and government-to-government markets between Member States, and for user clubs to be created for solutions developed and conceived under the leadership of European industry;
Amendment 40 #
2019/2204(INI)
Motion for a resolution
Paragraph 5 b (new)
Paragraph 5 b (new)
5b. Considers that the Commission should clarify the conditions for the application of the government-to- government exclusion in order to avoid anti-competitive practices organised by third countries, such as foreign military sales (FMS), which lead to unfair competition and seriously hamper the capabilities of Member States’ companies; calls also for the guidance note on ‘government-to-government’ exclusion to cover new forms of procurement such as the Global-FMS concept;
Amendment 41 #
2019/2204(INI)
Motion for a resolution
Paragraph 5 c (new)
Paragraph 5 c (new)
5c. Calls for greater transparency on the advantages offered by the direct and indirect compensation negotiated by third countries in the European Union;
Amendment 49 #
2019/2204(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Recalls that the export of defence- related products, both within the Union and to non-EU countries, must remain at the sole discretion of the Member States.
Amendment 58 #
2019/2204(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Calls on the Commission to introduce a quicker simplified preliminary procedure in the first phase of the infringement procedure (administrative letter requesting explanations) in the event of a clear distortion of competition detrimental to a European company, and to be bold in enforcing the directives, including, where necessary, by making use of infringement procedures;
Amendment 66 #
2019/2204(INI)
Motion for a resolution
Paragraph 21 a (new)
Paragraph 21 a (new)
21a. Recalls the strategic nature of supply chain security and reaffirms the importance of provisions concerning subcontracting aimed at dramatically limiting the risks associated with supply chains being open or interrupted;
Amendment 71 #
2019/2204(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Considers that better implementation of the directives is critical in order to attain the overarching objective of improving the functioning of the internal market for defence products and of contributing to the establishment of an open EDEM; prioritising European or locally produced hardware;
Amendment 72 #
2019/2204(INI)
Motion for a resolution
Paragraph 25 a (new)
Paragraph 25 a (new)
25a. Recalls the need to strengthen Member States’ strategic autonomy and technological sovereignty by reducing technological and industrial dependencies and by better controlling foreign subsidies and foreign direct investment in Europe, in order to protect critical European companies against attempts by third countries to control them;
Amendment 41 #
2019/2190(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Stresses that due to the COVID-19 crisis, it is of paramount importance for the protection of EU citizens that the safety of all products needed to tackle the emergency is the highest, especially for medical and protective equipment, including and in particular products from outside the EU; calls, therefore, on the Commission and Member States to strengthen their coordinated actions within the product safety framework;
Amendment 56 #
2019/2190(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Points out the need to adapt product safety rules to the digital world; asks the Commission to address the challenges of emerging technologies such as artificial intelligence (AI), the internet of things (IoT) and robotics in its revision of the General Product Safety Directive (GPSD), and to identify and close gaps within existing legislation such as the Machinery Directive and Radio Equipment Directive, whileensuring coherence among all the different initiatives and avoiding duplicating legislation;
Amendment 91 #
2019/2190(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Encourages the Commission to develop measures, such as risk-based assessment schemes and conformity assessment mechanisms, where they do not yet exist, to ensure the safety and security of products with embedded emerging technologies, and to provide support to micro and SMEs to reduce the burden such measures can create;
Amendment 107 #
2019/2190(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Asks the Commission and the Member States to take account of the autonomous self-learning behaviour of AI throughout a product’s lifetime; calls for human oversight and effective checks on high-risk AI products to ensure trust and product safety;
Amendment 113 #
2019/2190(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Encourages economic operatomerging technologies' providers to integrate safety mechanisms in emerging technologies, including self-repair mechanisms, to prevent the upload of unsafe software, raise awareness of safety problems of their products, and ensure safety throughout their lifecycle;
Amendment 119 #
2019/2190(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Calls on the Commission and the Member States to enhance connectivity infrastructure, including 5G, in order to improve the safety of connected products while keeping citizens' health as the greater good;
Amendment 135 #
2019/2190(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Calls on the Commission to speed up its efforts to develop a European cybersecurity certification schemes for AI, IoT and robotics products, and to assess whether to create mandatory certification schemes for specific consumer products that can be quickly updated to adapt to current risks without hindering innovation;
Amendment 153 #
2019/2190(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Encourages Member States to increase the resources and expertise of their market surveillance authorities, to enhance cooperation among them, including particular at cross-border level, improve the efficiency and effectiveness of checks, especially where freight traffic is high such as in ports, and properly staff custom authorities so as to be able to identify unsafe products, in particular from third countries, track their origin and prevent and stop their circulation in the internal market;
Amendment 178 #
2019/2190(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Stresses that products directly purchased by consumers from non-EU economic operators must be subject to effective controls on their quality, origin and compliance to the EU regulatory framework; calls on market surveillance authorities to undertake adequate checks on these products and to keep the ICSMS system updated;
Amendment 199 #
2019/2190(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Urges the Commission to improve and increase, at European and international level, cooperation between consumer protection, market surveillance and customs authorities so as to enable the swift transfer of information on unsafe products;
Amendment 244 #
2019/2190(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Asks the Commission to evaluate the necessity of requiring online platforms to put in place effective and appropriate safeguards to tackle the appearance of advertisements for unsafe products and to block misleading advertisements of these products;
Amendment 248 #
2019/2190(INI)
Motion for a resolution
Paragraph 25 a (new)
Paragraph 25 a (new)
25a. Calls on Member States to improve the connection and interaction between existing national and European public databases of illegal and unsafe products;
Amendment 261 #
2019/2190(INI)
Motion for a resolution
Paragraph 28
Paragraph 28
28. Emphasises that traceability along the supply chain is key to improving the safety and quality of products, since clear and reliable information on products empowers consumers, including persons with disabilities, to make informed choices, and allows market surveillance authorities to carry out their activities; asks the Commission to update the rules for the traceability requirements of non- harmonised products accordingly;
Amendment 264 #
2019/2190(INI)
Motion for a resolution
Paragraph 28 a (new)
Paragraph 28 a (new)
28a. Stresses that the lack of EU mandatory rules on origin labelling of products and their main components generates uncertainty to consumers who are often misled by the packaging itself; points out that an EU effective and binding traceability system would ensure a higher level of consumer safety for all products placed on the EU market;
Amendment 7 #
2019/2188(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Notes, on the basis of pre-Brexit data, that the gender pay gap in the 28 EU Member States stands at 15.7 %, that women - with particular regard to mothers or women who are pregnant - are more affected by atypical and flexible contracts (zero-hour contracts, temporary work, part-time work, etc.) than men, and that women are more likely to experience poverty and fall into the category of the poorest workers as a result of these low- security contracts;
Amendment 22 #
2019/2188(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Notes that, following the global economic and financial crisis in 2008, in- work poverty in the EU increased from 8 % to 10 %, and that the current unprecedented global COVID-19 pandemic will have even greater economic and financial consequences, which will have a direct impact in terms of increasing poverty, especially among women and the other most vulnerable groups in society, as its effects will be felt most keenly by workers in the service sector and tourism and, inter alia, the self- employed, temporary and seasonal workers, etc., among whom a higher large proportion of whom are women;
Amendment 32 #
2019/2188(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Notes that, although poverty rates among women vary considerably from one Member State to another, there is a risk of poverty in the risk groups to which older women, single women and single mothers, homosexual, bisexual and transgender womenwhich could affect older women, mothers and women with disabilities belong is the same;
Amendment 38 #
2019/2188(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Points out that, according to Eurostat, which does not indicate whether its data predate Brexit, there are currently 64.6 million women and 57.6 million men living in poverty in the EU Member States, which shows that the impact of poverty on women and men is differcould be different and therefore that action by Member States is needed in order to adopt fiscal policies geared to growth and removing the constraints of austerity in order to fight poverty and promote employment;
Amendment 50 #
2019/2188(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Notes with concern that poverty among women - like that among men - increases with age, with the gender pension gap between men and women remaining at around 39 %;
Amendment 56 #
2019/2188(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Stresses that female poverty, like male poverty, is a multifaceted problem directly influenced by unequal access to property, career breaks due to the raising and care of children, caring for sick and dependent persons, and segregation in education and, subsequently, in the labour market, which means that women account for the largest share of low-paid workermust be protected by promoting a genuine culture of meritocracy which takes account of people's value and capacities, fostering incentives for entrepreneurship and productive activity in order to overcome the existing inequalities;
Amendment 82 #
2019/2188(INI)
Draft opinion
Paragraph 7
Paragraph 7
Amendment 40 #
2019/2169(INI)
Motion for a resolution
Recital B
Recital B
B. whereas structures and stereotypes throughout the world perpetuate inequality, and whereas overcoming these structures and stereotypes will advance gender equality; whereas a strong women’s rights movement is needed to uphold democratic values, fundamental rights and women’s rights in particular, and whereas threats to women’s rights also represent threats to democracy;
Amendment 120 #
2019/2169(INI)
Motion for a resolution
Recital I
Recital I
Amendment 160 #
2019/2169(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Welcomes the adoption of the Commission communication entitled ‘A Union of Equality: Gender Equality Strategy 2020-2025’, delivered on time within the first 100 days of the new Commission, as a strong sign for political engagement with European gender equality policies, and as a decisive, clear and ambitious policy framework to counter attacks on women’s rights and gender equality; underlines the importance of the chosen dual approach, consisting of targeted measures and the consistent application of gender mainstreaming and intersectionality as cross-cutting principles, and welcomes the strong link between the areas of work and the elimination of stereotypes, gender biases andall kinds of discrimination;
Amendment 169 #
2019/2169(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. WelcomesTakes note of the announcement of several complementary strategies and calls for a strategic framework to connect them, and for an intersectional approach to be adopted in all of themstrategies to promote the concept of merit in the workplace and respect for human dignity, promoting engagement for the support of family and birth-rate policies;
Amendment 178 #
2019/2169(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. RegretNotes that the strategy remains vague on the issue of timelines for several, highly welcomed, measures; calls, therefore, on the Commission to establishdetermine concrete timeframes and additionalfurther targeted actions, as well as guidelines on how to implement the intersectional approach effectivelyin cooperation with the Member States;
Amendment 181 #
2019/2169(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Calls for parity between men and women and gender equality to be essential, core aspects of the Union's policies, while fully respecting the differences between men and women and their mutual complementarity; calls, in this regard, for the use of EU funds to be targeted at concrete measures to support citizens rather than at promoting purely ideological campaigns, the sole aim of which is to create new gender models;
Amendment 202 #
2019/2169(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Supports the Commission’s plan to continue pushing for the EU-wide ratification of the Istanbul Convention; underlines, in this context, the need for specific measures to address the existing disparities between Member States; draws attention, however, to the fact that several attempts to convince reluctant Member States have already failed; warmly welcomes, therefore, the Commission’s intention to propose measures in 2021 to achieve the objectives of the Istanbul ConventionCondemns female genital mutilation and calls on the Member States to impose the mandatory reporting of any such cases by the healthcare system, teachers, law enforcement authorities and social service professionals, ifn the EU’s accession remains blocked; calls for preparatory actions for the launch of additional legally binding measures to eliminate violence against women; very much welcomes the planned extension of definitions of areas of particularly serious crime under Article 83(1) of the TFEU, but calls for the inclusion of all forms of gender-based violence, in order to take a proactive approach and lay the groundwork for an EU directive on this issuesame way as for other types of abuse, such as child abuse, and to systematically pursue those responsible for such acts; welcomes the planned extension of definitions of areas of particularly serious crime under Article 83(1) of the TFEU;
Amendment 205 #
2019/2169(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Notes that the main purposes of gender equality policies are: - to combat violence and inequality; - equal pay for men and women and equal work and skills; - financial support for single mothers and pregnant women; - payment of specific parental allowances and registration of credits for pension rights; - to curb domestic violence;
Amendment 216 #
2019/2169(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. WelcomNotes the plan to table an additional recommendation on the prevention of harmful practices, and to launch an EU network on the prevention of both gender- based and domestic violence; requests that the definitions and goals of the Istanbul Convention be applied and that women’s rights and civil society organisations be involved on a continuous basi, without imposing any EU budget increases;
Amendment 226 #
2019/2169(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Stresses the scope and impact of violence and harassment in the workplace; points out, for men and women; stresses that informal carers, domestic workers and farm workers in particular lack protection and therefore calls on the Member States to adopt International Labour Organisation (ILO) Conventions 190 and 189, in order to strengthen the rights of workers, especially women, in the informal economy;
Amendment 233 #
2019/2169(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Welcomes the proposed specific measures to tackle cyber violence; calls for binding legislative measures to combat these forms of violence and to assist and support Member States in the development of training tools for the police force, the justice system and the information and communication technology sector;
Amendment 244 #
2019/2169(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Urges the Commission to present the long-awaited EU strategy on the eradication of trafficking in human beings and underlines the need for a clear gender focusfocus on violence against women, as women and girls are the most affected and are trafficked for purposevictims of sexual exploitation and organ trafficking; insists on the vital importance of including measures and strategies to reduce demandcompletely eradicate these crimes;
Amendment 254 #
2019/2169(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
Amendment 255 #
2019/2169(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
Amendment 267 #
2019/2169(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Supports the revision of the Barcelona targets, paying particular attention to the 'demographic challenge'; calls for financial support for andand for the sharing of best practices among Member States which have not yet reachieved the targets; welcomes, furthermore, the development of guidance for Member States on tackling financial disincentives in relation to social, economic and taxation policies;
Amendment 272 #
2019/2169(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Points out that the promotion of uncontrolled migration flows leads to serious infringements of the rights of women, who are often exploited and discriminated against by transnational and transcontinental criminal organisations operating in the human trafficking sector;
Amendment 284 #
2019/2169(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. WelcomNotes the Commission’s commitment to table binding measures on pay transparency by the end of 2020; points out, however, that the issue of equal pay for equal work or work of equal value across different occupational sectors still needs to be addressed; strongly recommends the inclusion of, by promoting theat principle of equal pay for work of equal value between women and men, which could be defined as follows: ‘Work shall be deemed of equal value if, based on a comparison of two groups of workers which have not been formed in an arbitrary manner, the work performed iscouraging a merit-based system for comparable jobs, taking into account factors such as the working conditions, the degree of responsibility conferred on the workers, and the physical or mental requirements of the work’; points out that gender-neutral job evaluation tools and classification criteria need to be developed for this purposeconsiders it important to encourage a culture of job evaluation and sexually-equal tools for enhancing the status of work;
Amendment 310 #
2019/2169(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Urges the Commission to campaign for moresupport the role of women in economic decision-making positions and employment by highlighting the economic and societal advantages thereof, and sharing best practices, in order to break the deadlock on the Women on Boards directive;
Amendment 325 #
2019/2169(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Affirms that equal pay must be based on merit-based criteria, without discrimination on grounds of sex, and must be promoted through incentive and reward mechanisms that facilitate the integration of women into the labour market, without imposing sanctions and binding measures on companies and employers, which lead to additional burdens and costs in the private sector;
Amendment 333 #
2019/2169(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Regrets the underrepresentation of women in the ICT sector, and points out the risk of this reinforcing and reproducing stereotypes and gender bias through the programming of AI and other programs; calls for technologies and AI to be transformed into tools in the fight to eradicate gender stereotypes and to empowercalls for technologies and artificial intelligence to be tools in support of the individual, while maintaining the key role of people and the human factor, and supporting girls and women to enterin science, technology, engineering and mathematics (STEM) and ICT fields of study and to stay on theseheir career paths;
Amendment 341 #
2019/2169(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Recognises women's contribution and their vital role in raising children, particularly minors, by recognising the role of mothers who decide to devote themselves to the well-being and protection of the family unit;
Amendment 347 #
2019/2169(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. ReiteratUnderlines the importance of gender mainstreaming as a systematic approach to achieving gender equality; welcomes, therefore, the Commission’s newly established task force on equalitytransparency and of the involvement of women and civil society; notes the Commission’s newly established task force and calls on the Commission to report to Parliament on the activities carried out and results achieved; underlines the importance of transparency and of the involvement of women’s rights and civil society organisations; urges the Commission to incorporate provisions making the consideration of inputs from the task force compulsory for Directorates- Generalorganisations and organisations in civil society;
Amendment 363 #
2019/2169(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Urges that gender mainstreaming be incorporawomen's rights and their role be protected into EU environmental and climate policies, such as the Green Dealpolicies, that financial and institutional support, gender expertise and strong policy measures to encourage the equal participation of women in decision-making bodies and national- and local-level climate policy authorities be guaranteed, and that recognition and support be given to women and girls as agents for change, on a par with the male gender;
Amendment 373 #
2019/2169(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Notes that tax policies have varyingdifferent impacts on different types of households; stressnotes that individual taxation is instrumental in terms of achieving tax fairness for womea tax policy based on a 'flat tax', with a single tax rate, could absorb all forms of tax relief and would have a largely positive economic impact on households and taxpayers in terms of home economics for child education;
Amendment 387 #
2019/2169(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
Amendment 404 #
2019/2169(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. DemandsHighlights the importance of support foring women’s rights defenders and women’s rights organisations in the EUnion and worldwide; calls for continuous monitoring of the state of play in relation to women’s rights and disinformation on gender equality policies in all Member States and for an alarm system to highlight regression; calls on the Commission to support studies analysing the impact of attacks and disinformation campaigns on women’s rights and gender equality, and calls on the Commission to analyse their root causes, developing fact checks and counter-narrativethe institutions to pay continuous attention to the state of play in relation to women’s rights;
Amendment 418 #
2019/2169(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Calls for coherence between and the mutual reinforcement of the EU’s internal and external policies on the principles of gender mainstreamingprotection of women's rights and gender equality, countering gender stereotypes and norms, as well as harmful practices and discriminatory laws, throughincluding in the field of external relations;
Amendment 6 #
2019/2167(INI)
Motion for a resolution
Citation 13
Citation 13
Amendment 14 #
2019/2167(INI)
Motion for a resolution
Recital A
Recital A
A. whereas the principle of equality between women and men is a core value of the EU, and gender mainstreaming should therefore be implemented and integrated into all EU activities and policies; whereas the EU should contribute to creating a world in which all people, regardless of gender, sexual orientation, race and abilitypromoted by the Member States; whereas the EU should contribute, with the vital input of the Member States, to creating a world in which all people can live peacefully, enjoying equal rights and the same opportunity to realise their potential;
Amendment 21 #
2019/2167(INI)
Motion for a resolution
Recital B
Recital B
B. whereas women and girls are particularly affected by violence, poverty, and armed conflicts and the impact of the climate emergency; whereas there is a growing global trend towards authoritarianism and an increasing number of Islamic fundamentalist groups, both of which are clearly linked to a backlash against women’s and LGBTIQ+ rights; whereas any understanding of security that focuses on States rather than human beings is defective and will not lead to peacerights;
Amendment 44 #
2019/2167(INI)
Motion for a resolution
Recital C
Recital C
C. whereas countries such as Sweden, France, Canada and Mexico have recently adopted and implemented frameworks to advance towards a feminist foreign policy; whereas a policy of this type questions the existing balance of power and aims to define its interactions with other States and movements in a manner that, firstly, gives priority to gender equality between men and women, protects and promotes the human rights of women and other traditionally marginalised groups; secondly, aims to guarantee their fair access to social, economic and political resources and their participation at all levels; thirdly, allocates significant resources to achieve that vision and seeks through its implementation to disrupt male-dominated power structures across all of its levels of influence; and finally, is informed by the voices of women human rights defenders and civil society; whereas any future EU foreign and security policy should aim to achieve these goals;
Amendment 50 #
2019/2167(INI)
Motion for a resolution
Recital D
Recital D
D. whereas Denmark, Switzerland and Norway have a strong gender equality- focused foreign policyforeign policy that focuses strongly on equality between men and women; whereas Spain, Luxembourg, Cyprus and Germany have announced their intention to make gender equality between men and women a priority of their foreign policy; whereas the new Commission has made gender equality between men and women one of its key priorities across all policy areas;
Amendment 64 #
2019/2167(INI)
F. whereas GAP II constituted an important step forward in fostering gender equality between men and women in the EU’s external relations, but its implementation still displays a number of shortcomings such as a narrow scope, the absence of gender-responsive budgeting, a lack of commitment on the part of the EU’s leaders, and a lack of institutional architecture and incentives to motivate and adequately support staff;
Amendment 90 #
2019/2167(INI)
Motion for a resolution
Recital J
Recital J
J. whereas progress has been made in the realisation of sexual and reproductive health and rights (SRHR) across the world, but important shortcomings continue to exist and threats of regression persist; whereas in 2018 the number of EU actions on SRHR decreased and the lowest number of global actions by Commission services on gender equality between men and women pertained to SRHR;
Amendment 98 #
2019/2167(INI)
Motion for a resolution
Recital L
Recital L
Amendment 105 #
2019/2167(INI)
Motion for a resolution
Recital M
Recital M
Amendment 116 #
2019/2167(INI)
1. Calls on the EU and its Member States to commit to advancing towards a foreign and security policy that incorporates a gender-transformative vision to foster equality between men and women, putting the need to address unequal structures and power relations at its centre; stresses the need for such policy to be grounded in rigorous gender analysis and systematic gender impact assessments, and for a meaningful and equitablewomen to have a role that all levels and stages of decision-making to be secured for women and for people from diverse backgroundsis the result of careful analysis based on merit, rather than imposition;
Amendment 123 #
2019/2167(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Welcomes the Commission’s proposal to carry out a review and present a new EU Gender Action Plan III in 2020; stresses that this document needs to take the form of a communication in order to ensure its effective implementation; welcomes the EU Action Plan on Women, Peace and Security, and calls for its robust implementation; welcomes the decision to renew the EU Action Plan on Human Rights and Democracy, and calls for genderthe mainstreaming and targeted actions for gender equalityof equality between men and women, and women’s rights, - including SRHR, - to be included in the Action Plan;
Amendment 134 #
2019/2167(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
Amendment 139 #
2019/2167(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
Amendment 150 #
2019/2167(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Stresses the need to ensure continued commitment at the highest political levels to the implementation of GAP III; requests that GAP III specify that 85 % of official development assistance (ODA) should go to programmes which have gender equality as a significant or as a principal objective, and that, within this broader commitCalls for targeted actions to achieve equality between men and woment, 20 % of ODA should be allocated to programmes with gender equality, including SRHR, as a principal objective; calls for further targeted actions to achieve gender equality; calls, furthermore,to be carried out in cooperation with the Member States; calls for the new plan to strengthen qualitative analyses and to move beyond the ‘box ticking’ logic to assess the real impact of such programmes in advancing gender equality between men and women;
Amendment 158 #
2019/2167(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Recommends that GAP III be accompanied by clear, measurable, time- bound indicators of success, including an attribution of responsibility to different actors, and with clear objectives in each partner country, developed with the partner country and civil society organisations (CSOs);
Amendment 169 #
2019/2167(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Calls for specific earmarked funding on gender equality in the framework of the proposed Neighbourhood, Development and International Cooperation Instrument (NDICI) regulation, and for reduced administrative constraints to allow access to funding for local and small CSOs; stresses the importance that are involved in women’s rights; a focus ofn ensuring that partners can count on receiving sufficient financial resources for gender mainstreamingquality between men and women and diversity in the EU institutional culture at headquarters and delegations;
Amendment 185 #
2019/2167(INI)
8. Calls on the Member States to create a formal Council working group on gender equality between men and women;
Amendment 187 #
2019/2167(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
Amendment 196 #
2019/2167(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. WelcomNotes the EEAS Gender and Equal Opportunities Strategy 2018-2023, but regrets the lack of specific and measurable objectives; calls for it to be updated in order to include concrete and binding goals on the presence of women in management positions; recommends a target of 50 % of management positions being held by women, including as Heads of Delegation and Heads of CSDP missions and operations; regrets, in addition, the absence of other diversity targets and of overall diversity in the EU institutions, especially regarding race, ability and ethnic backgrounds;
Amendment 206 #
2019/2167(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Calls on the VP/HR to ensure that Heads ofthe EU Delegations abroad have a formal responsibility to ensure gender equality is mainstreamed throughout all aspects of the delegaensure equal rights and condition’s wfork and that they be required to report on it; further calls on the VP/HR to ensure that there is one full-time gender focal point in men and women in the course of the EU delegations’s work;
Amendment 210 #
2019/2167(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
Amendment 231 #
2019/2167(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Calls on the VP/HR, the EEAS and the Member States to ensure full implementation of the EU Guidelines on Human Rights Defenders, and to adopt an annex aiming to recognise and develop additional strategies and tools to respond better and more effectively to prevent the specific situation, threats and risk factors faced by defenders of women’s human rights;
Amendment 247 #
2019/2167(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Calls on the EU Delegations to monitor the backlash against gender equality and SRHR and the tendency towards shrinking space for civil society, and to take specific steps to protect them; urges the Commission, the EEAS, the Member States and Heads of EU Delegations to ensure political and financial supporttalk to local CSOs, including women’s organisations and humanwomen’s rights defenders, and to make cooperation and consultation with them a standard element of their work;
Amendment 83 #
2019/2166(INI)
Motion for a resolution
Recital E
Recital E
E. whereas children may suffer ‘witnessed violence’ when they witness acts of violence in the family environment, through experiencing any form of ill- treatment, carried out through acts of physical, verbal, psychological, sexual and economic violence against reference figures or other affectively significant figures; whereas such violence has very serious consequences for the psychological and emotional development of the child, and whereas it is therefore essential to pay due attention to this type of violence in separations and parental custody arrangements, taking the best interests of the child into account, in particular in order to determine custody and visitation rights in separation cases;
Amendment 89 #
2019/2166(INI)
Motion for a resolution
Recital E a (new)
Recital E a (new)
Ea. whereas, in the light of the COVID-19 pandemic, court officials in all countries have been advised to stay at home and hearings have, in many cases, been postponed; whereas staff reductions in the courts are likely to cause delays in issuing restraining orders, in separation and divorce proceedings and in child custody hearings, including separation and divorce hearings, which women victims of intimate partner violence rely on in order to make it easier for them to distance or estrange themselves from their violent partners;
Amendment 99 #
2019/2166(INI)
Motion for a resolution
Recital F a (new)
Recital F a (new)
Fa. whereas witnessed violence is not always easily recognisable, especially in the case of young children, and it is essential that operators who are called upon to decide on the right measures to protect and care for the children know how to interpret the situation and the actions of the mother, whilst being aware that the perpetrator and victim of violence are not equally responsible, in order not to make hasty diagnostic and prognostic judgements that do not take account of post-traumatic symptomatology, while facilitating an assessment in a protective and caring setting;
Amendment 107 #
2019/2166(INI)
Motion for a resolution
Recital G a (new)
Recital G a (new)
Ga. whereas in situations of marital or relationship breakdown, allegations of interpersonal violence should be addressed before custody and visitation issues can be addressed; whereas in order to assess allegations of interpersonal violence in custody cases, the professionals involved must have specialist knowledge;
Amendment 218 #
2019/2166(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Stresses the need for appropriate legal assistance for victims in terms of legal advice and representation by a lawyer before the court; emphasises, in addition, the need for prior preparation of victims for criminal proceedings, including through a system of psychosocial support - particularly during and after questioning procedures - which takes into account the emotional tensions associated with the circumstances, and designed to prevent risk factors which could lead to further violent offences;
Amendment 222 #
2019/2166(INI)
Motion for a resolution
Paragraph 4 b (new)
Paragraph 4 b (new)
4b. Recommends that national authorities take action, in particular, to draft and disseminate a set of guidelines for professionals involved in cases relating to intimate partner violence and custody rights, including consideration of risk factors (risk factors relating to children or family members, environmental or social concerns, or potential repetition of violent offences), to enable the intimate partner violence to be assessed, in support of children's and women's rights;
Amendment 237 #
2019/2166(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Notes that such guidelines and guidance should be geared, inter alia, towards the management and storage of medical files and evidentiary items by the forensic expert and medical professionals, as appropriate, but in any case such as to enable women to take subsequent legal action and to enable the judicial authority to carry out specific investigations;
Amendment 253 #
2019/2166(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Suggests that such guidelines and guidance should include measures to promote safe, respectful and non-guilt- inducing out-patient and in-patient treatment programmes for women who have suffered violence, including intimate partner violence, and to support research to develop and evaluate the best treatments for women who have suffered violence, and for their children;
Amendment 269 #
2019/2166(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Notes that such guidelines and guidance should support health professionals in raising public awareness in their professional environment of the crucial impact of violence against women, including intimate partner violence, on their mental health;
Amendment 280 #
2019/2166(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Notes that, for clinical and legal purposes, the specific skills of the forensic expert make him or her the most suitable professional for the protection of women who are victims of violence, and children, also to assist specialists (paediatricians, gynaecologists, psychologists) in their work, having the appropriate training and technical expertise to be able to recognise the signs of violence and, where there are grounds to do so, to comply with reporting obligations and liaise with judicial and health authorities;
Amendment 292 #
2019/2166(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Stresses the importance for the forensic expert, or any other professional involved, to provide the relevant national authority with information relating to violence within the couple, when he or she believes that such violence puts the life of the adult victim or child in immediate danger and that the victim is unable to protect him/herself because of the moral or economic coercion resulting from the hold exercised by the perpetrator, seeking to obtain the adult victim's consent where appropriate;
Amendment 305 #
2019/2166(INI)
Motion for a resolution
Paragraph 10 b (new)
Paragraph 10 b (new)
10b. Stresses the need to eliminate any economic barriers that might induce a woman not to report the violence she has suffered; notes that this could be done by giving courts the option of awarding government benefits to support the victims, once the circumstances of the domestic violence have been established;
Amendment 318 #
2019/2166(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Calls on the Commission to promote EU-wide public awareness campaigns and exchange of good practice as a necessary measure in the prevention of domestic violence and the creation of a climate of zero tolerance towards violence;
Amendment 325 #
2019/2166(INI)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. Calls on the Commission and the Member States to allocate more funds to national territorial authorities, including through projects and calls for funding, for the establishment and expansion of shelters, in order to increase, improve and ensure adequate reception and protection services for women who are victims of domestic violence and any children involved;
Amendment 342 #
2019/2166(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Emphasises that hearing from the child is important to establish what is in the best interests of the child while examining custody and foster care cases; points out nevertheless that in every case, but crucially in cases where intimate partnership violence is suspected, such hearings should be conducted in a child- friendly environment, with no pressure or influence from parents or relatives, by trained professionals, including those qualified in child neuropsychiatry, to avoid deepening the trauma and victimisation;
Amendment 353 #
2019/2166(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Calls on the Member States to provide effective instruments for the judicial accompaniment of children and to ensure that the operators in charge are adequately trained;
Amendment 363 #
2019/2166(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Calls on the competent authorities of the Member States to promote, in the best interests of the child and the female victim, a procedure whereby, with the intervention of accredited professionals, an assessment of the child's psychological state can be carried out at every stage of the procedure, in order to decide whether a meeting with the allegedly or declaredly violent parent is appropriate;
Amendment 366 #
2019/2166(INI)
Motion for a resolution
Paragraph 14 b (new)
Paragraph 14 b (new)
14b. Calls on the competent national authorities to improve coordination between courts by fostering contacts between prosecutors' offices to enable issues of parental responsibility to be resolved urgently and to ensure that family courts are able to consider all issues relating to violence against women when determining custody and visitation rights and to assess whether such violence justifies a limitation of custody and visitation rights;
Amendment 367 #
2019/2166(INI)
Motion for a resolution
Paragraph 14 c (new)
Paragraph 14 c (new)
14c. Encourages Member States, especially in view of the current situation in which there are still frequent periods of quarantine owing to the COVID-19 pandemic, to increase the number of violence prevention and response hotlines and invest in shelters and family centres and other appropriate measures, providing women who are victims of violence and are isolated, with confidentiality and a safe and local environment;
Amendment 369 #
2019/2166(INI)
Motion for a resolution
Paragraph 14 d (new)
Paragraph 14 d (new)
14d. Calls on Member States to explore virtual options for helping victims of violence, including mental health and counselling options, paying attention to existing inequalities in access to information technology services;
Amendment 8 #
2019/2089(DEC)
Draft opinion
Paragraph 2
Paragraph 2
2. WelcomNotes the ongoing cooperation between the EIGE and the Committee on Women’s Rights and Gender Equality ands welcomel as the EIGE’s contribution to the ongoing efforts of the Committee including on the topic of the gender digital gap, work-life balance, the gender pay and pension gap, gender budgeting between men and women, combating violence against women and the development of a gender-sensitive parliament toolparliament tool sensitive to women's rights;
Amendment 9 #
2019/2089(DEC)
Draft opinion
Paragraph 3
Paragraph 3
3. WelcomNotes the outcomes of EIGE’s participation and recent chairmanship of the European Justice and Home Affairs Agencies’ network, particularly the promotion of actions aimed at combating sexual harassment2 at workplace; _________________ 2 https://eige.europa.eu/news/joint- statement-jha-agencies-sexual-harassment
Amendment 10 #
2019/2089(DEC)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Regrets the persistence of recurrent shortcomings in relation to the legality and regularity of the contracts for the EIGE and other Agencies noted by the European Court of Auditors, in particular with regard to the conclusion of contracts in the absence of relevant documentary proof relating to exclusion criteria for tenderers;
Amendment 11 #
2019/2089(DEC)
Draft opinion
Paragraph 4 b (new)
Paragraph 4 b (new)
4 b. Calls on the Agency to resolve such irregularities as already noted by the European Court of Auditors in its audits in recent years also in view of the increases in the additional legal costs resulting from the performance of the contracts awarded;
Amendment 12 #
2019/2089(DEC)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. Deplores the fact that the EIGE, and six other agencies, engaged in the use of interim workers provided by registered temporary work agencies, but did not respect all the rules laid down both in the Directive and in the respective national legislation, for instance as regards working conditions for interim workers.
Amendment 14 #
2019/2089(DEC)
Draft opinion
Paragraph 5 b (new)
Paragraph 5 b (new)
5 b. Calls on the Agency to assess, together with the budgetary authorities, whether using external staff as opposed to the equivalent statutory staff is cost efficient, and to comply with the EU and national legal framework applicable;
Amendment 13 #
2019/2055(DEC)
Draft opinion
Paragraph 3
Paragraph 3
3. Reiterates its call to have a separate budget line for the Daphne specific objective of REC; it takes note of the evolution of the development of an EU- wide survey, with a common methodology and questionnaire, to gather comparable gender-based violence datadata on violence against women, on a regular basis, across EU Member States; it expects to acknowledge the first outcomes of the pilot exercise of the survey by 2019 in order to comply with the foreseen implementation of the survey from 2020- 20211 onwards1; _________________ 1Programme Statements of operational expenditure COM(2019) 400 - June 2019 - page 360
Amendment 20 #
2019/2055(DEC)
Draft opinion
Paragraph 4
Paragraph 4
4. Highlights the need to make a greater effort in the integration of the gender perspective in the fields ofStresses the importance of the full involvement of both men and women in research and integrnovation; in this sense it welcomes the fact that, up to January 2019 the share of women participants in Horizon 2020 projects was 42% of the total workforce; by contrast, it regrets the fact that women only represented 28 % of projects coordinators and only 32.4 % of grants took into account the gender dimension in the research and innovation content2; _________________ 2 Idem page 74
Amendment 43 #
2012/0060(COD)
Proposal for a regulation
Recital -1 (new)
Recital -1 (new)
(-1) Whereas foreign companies have nearly tripled their public procurement contracts in Europe in 5 years, and whereas, according to the Commission's figures, non-European companies were awarded public contracts in the European Union worth 32 billion in 2017 compared with 10-17 billion in 2021; whereas the Commission admits that it has no information on the biggest procurement contracts awarded to European companies in the US and China.
Amendment 50 #
2012/0060(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) Many third countries are reluctant or refuse to open their public procurement and their concessions markets to international competition, or to open those markets further than what they have already done. As a result, Union economic operators face restrictive procurement practices in many of the trading partner of the Union. Those restrictive procurement practices result in the loss of substantial trading opportunities. In this context, the introduction of measures aimed at encouraging the opening of third countries' public procurement markets and at achieving mutual reciprocity is a necessary stage in defending the commercial interests of the Member States and the Union. However, if the measures were to prove insufficient and European companies continued to encounter problems accessing the public procurement and concessions markets of third countries, the Commission and the Member States should investigate introducing more effective trade defence instruments without delay.
Amendment 53 #
2012/0060(COD)
Proposal for a regulation
Recital 8 a (new)
Recital 8 a (new)
(8a) While many third countries persist in limiting access to their public procurement markets, large sections of the Union's public procurement markets remain open to international competition. Union companies operating in the internal market are thus confronted by unfair competition from economic operators based outside the Union, particularly where the latter receive government subsidies.
Amendment 54 #
2012/0060(COD)
Proposal for a regulation
Recital 8 b (new)
Recital 8 b (new)
Amendment 64 #
2012/0060(COD)
Proposal for a regulation
Recital 18
Recital 18
(18) In view of the fact that the access of third country goods and services to the public procurement market of the Union falls within the scope of the common commercial policy, Member States and their contracting authorities and contracting entities should not be able tomay, in keeping with the spirit of this Regulation, restrict the access of third country goods or services to their tendering procedures by any other measure than those provided for in this Regulationin order to ensure that foreign economic operators respect environmental, social and labour laws and all applicable national laws.
Amendment 71 #
2012/0060(COD)
Proposal for a regulation
Recital 20
Recital 20
(20) If the existence of a restrictive and/or discriminatory procurement measure or practice in a third country is confirmed, the Commission should invite the country concerned to enter into consultations with a view to improving the tendering opportunities for Union economic operators, goods and services in respect of public procurement in that country. In order to encourage the country concerned promptly to take an active part in this dialogue, the Commission should decide, when the consultation procedure starts, to introduce on a temporary basis some measures set out in this Regulation, namely exclusion from participation in tendering procedures in EU public procurement markets or from price adjustment measures. The measures would apply to tenders from economic operators originating in that country and/or which deal with products and services originating in that country.
Amendment 75 #
2012/0060(COD)
Proposal for a regulation
Recital 22
Recital 22
(22) If the consultations with the country concerned do not lead to sufficient improvements to the tendering opportunities for Union economic operators, goods and services within a reasonable timeframe, the Commission should be able to adopt, where appropriate, price adjustment measure applying to tenders submitted by economic operators originating in that country and/or including goods and services originating in that countryprolong the measures introduced at the start of the consultation procedure and where necessary to adopt additional measures contained in this Regulation.
Amendment 79 #
2012/0060(COD)
Proposal for a regulation
Recital 24
Recital 24
Amendment 84 #
2012/0060(COD)
Proposal for a regulation
Recital 27
Recital 27
(27) It is imperative that contracting authorities and contracting entities have access to a range of high-quality products meeting their purchasing requirements at a competitive price while remaining aware of the need to guarantee the long-term economic and social interests of the Member States and European citizens and consumers. Therefore contracting authorities and contracting entities should be able not to apply price adjustment measures limiting access of non-covered goods and services in case there are no Union and/or covered goods or services available which meet the requirements of the contracting authority or contracting entity to safeguard essential public needs, for example in the fields of health and public safety, or where the application of the measure would lead to a disproportionate increase in the price or costs of the contract.
Amendment 91 #
2012/0060(COD)
Proposal for a regulation
Article 1 – paragraph 1 – subparagraph 1
Article 1 – paragraph 1 – subparagraph 1
This Regulation establishes measures intended to improve the access of Union economic operators, goods and services to the public procurement and concessions markets of third countries and to guarantee equal conditions of competition in the internal market. It lays down procedures for the Commission to undertake investigations into alleged restrictive and discriminatory procurement measures or practices adopted or maintained by third countries against Union economic operators, goods and services, and to enter into consultations with the third countries concerned.
Amendment 92 #
2012/0060(COD)
Proposal for a regulation
Article 1 – paragraph 1 – subparagraph 2
Article 1 – paragraph 1 – subparagraph 2
It provides for the possibility of applying price adjustment measures to certain tenders for contracts for the execution of works or a work, for the supply of goods and/or the provision of services and for concessions, and measures aimed at excluding access to EU public procurement markets, on the basis of the origin of the economic operators, goods or services concerned. .
Amendment 98 #
2012/0060(COD)
Proposal for a regulation
Article 1 – paragraph 5
Article 1 – paragraph 5
5. Member States and their contracting authorities and contracting entities shall notmay, in keeping with the spirit of this Regulation, apply restrictive measures in respect ofto third country economic operators, goods and services beyond those provided for in this Regulation in order to ensure that foreign economic operators comply with environmental, social and labour laws and all applicable national laws.
Amendment 115 #
2012/0060(COD)
Proposal for a regulation
Article 7 – paragraph 1 – subparagraph 1
Article 7 – paragraph 1 – subparagraph 1
Where it is found as a result of an investigation that restrictive and/or discriminatory procurement measures or practices have been adopted or maintained by a third country and the Commission considers it to be in the Union interest, the Commission shall invite the country in question to enter into consultations. Those consultations shall aim at ensuring that Union economic operators, goods and services can participate in tendering procedures for the award of public procurement or concession contracts in that country on conditions no less favourable than those accorded to national economic operators, goods and services of that country and also with a view to ensuring the application of the principles of transparency and equal treatment. In order to encourage the country concerned promptly to take an active part in this dialogue, the Commission should decide, when the consultation procedure starts, to introduce on a temporary basis some measures set out in this Regulation, namely exclusion from participation in tendering procedures in EU public procurement markets or from price adjustment measures. The measures would apply to tenders from economic operators which originate in that country and/or which deal with products and services originating in that country.
Amendment 126 #
2012/0060(COD)
Proposal for a regulation
Article 7 – paragraph 6
Article 7 – paragraph 6
6. In the event that consultations with a third country do not lead to satisfactory results within 15 months from the day those consultations started, the Commission shall terminate the consultations and shall take appropriate action. In particular, the Commission may decide, by means of an implementing act, to impose or extend the exclusion of companies from the country concerned that are participating in tendering procedures for the award of EU public procurement contracts or to impose a price adjustment measure, pursuant to Article 8. That implementing act shall be adopted in accordance with the examination procedure referred to in Article 14(2).
Amendment 129 #
2012/0060(COD)
Proposal for a regulation
Article 8 – title
Article 8 – title
Amendment 130 #
2012/0060(COD)
Proposal for a regulation
Article 8 – paragraph 1 – subparagraph 1
Article 8 – paragraph 1 – subparagraph 1
Where it emerges, in the course of an investigation under Article 6 and after following the procedure specified in Article 7, that restrictive public procurement measures adopted or maintained by that third country are resulting in a substantial lack of reciprocity regarding market access between the Union and that third country, the Commission may adopt implementing acts in order to extend the exclusion of undertakings from the country concerned that are participating in tendering procedures for the award of EU public procurement contracts and/or adopt price adjustment measures. Tenders more than 50 % of the total value of which is made of goods and/or services originating in a third country, may be subject to a price adjustmentsuch measures where the third country concerned adopts or maintains restrictive and/or discriminatory procurement measures or practices.
Amendment 133 #
2012/0060(COD)
Proposal for a regulation
Article 8 – paragraph 1 – subparagraph 2
Article 8 – paragraph 1 – subparagraph 2
Amendment 149 #
2012/0060(COD)
Proposal for a regulation
Article 10 – title
Article 10 – title
Withdrawal or suspension of procurement market exclusion or price adjustment measures
Amendment 151 #
2012/0060(COD)
Proposal for a regulation
Article 10 – paragraph 1 – subparagraph 1
Article 10 – paragraph 1 – subparagraph 1
The Commission may decide, by implementing act, to withdraw the procurement market exclusion or price adjustment measure or suspend its application for a period of time if the country concerned takes satisfactory remedial or corrective actions.
Amendment 152 #
2012/0060(COD)
Proposal for a regulation
Article 10 – paragraph 1 – subparagraph 2
Article 10 – paragraph 1 – subparagraph 2
Where the remedial or corrective actions taken by the third country concerned are rescinded, suspended or improperly implemented, the Commission may reinstate the application of the procurement market exclusion and/or price adjustment measure, at any time, by means of an implementing act.
Amendment 153 #
2012/0060(COD)
Proposal for a regulation
Article 10 – paragraph 1 – subparagraph 2
Article 10 – paragraph 1 – subparagraph 2
Where the remedial or corrective actions taken by the third country concerned are rescinded, suspended or improperly implemented, the Commission may reinstate the application of the price adjustment or procurement market exclusion measure, at any time, by means of an implementing act.
Amendment 155 #
2012/0060(COD)
Proposal for a regulation
Article 11 – title
Article 11 – title
Application of procurement market exclusion or price adjustment measures
Amendment 156 #
2012/0060(COD)
Proposal for a regulation
Article 11 – paragraph 1 – introductory part
Article 11 – paragraph 1 – introductory part
1. Contracting authorities and contracting entities on the list adopted pursuant to Article 9 shall apply price adjustmentrestrictive measures to the following:
Amendment 159 #
2012/0060(COD)
Proposal for a regulation
Article 11 – paragraph 4 – subparagraph 1
Article 11 – paragraph 4 – subparagraph 1
Where a price adjustment measure is applied, contracting authorities and contracting entities shall require tenderers to provide information on the origin of the goods and/or services contained in the tender, and on the value of the goods and services originating in the third country concerned as a percentage of the total value of the tender. They shall accept self- declarations from tenderers.
Amendment 160 #
2012/0060(COD)
Proposal for a regulation
Article 12 – paragraph 1 – introductory part
Article 12 – paragraph 1 – introductory part
1. Contracting authorities and contracting entities may decide not to apply the procurement market exclusion or price adjustment measure with respect to a procurement or a concession procedure if:
Amendment 167 #
2012/0060(COD)
Proposal for a regulation
Article 12 – paragraph 1 – point b
Article 12 – paragraph 1 – point b
Amendment 171 #
2012/0060(COD)
Proposal for a regulation
Article 12 – paragraph 1 – point b – indent 1 (new)
Article 12 – paragraph 1 – point b – indent 1 (new)
- this is justified for overriding reasons of public interest.
Amendment 175 #
2012/0060(COD)
Proposal for a regulation
Article 12 – paragraph 2
Article 12 – paragraph 2
2. Where a contracting authority or contracting entity intends not to apply a price adjustmentrestrictive measure , it shall indicate its intention in the contract notice that it publishes pursuant to Article 49 of Directive 2014/24/EU or Article 69 of Directive 2014/25/EU or in the concession notice pursuant to Article 31 of Directive 2014/23/EU. It shall notify the Commission no later than ten calendar days after the publication of the contract notice.
Amendment 178 #
2012/0060(COD)
Proposal for a regulation
Article 12 – paragraph 4 – subparagraph 1
Article 12 – paragraph 4 – subparagraph 1
In the event that a contracting authority or contracting entity conducts a negotiated procedure without prior publication, under Article 2 of Directive 2014/24/EU or under Article 50 of Directive 2014/25/EU and decides not to apply a price adjustmentrestrictive measure , it shall indicate this in the contract award notice it publishes pursuant to Article 50 of Directive 2014/24/EU or Article 70 of Directive 2014/25/EU or in the concession award notice it publishes pursuant to Article 32 of Directive 2014/23/EU and notify the Commission no later than ten calendar days after the publication of the contract award notice.
Amendment 185 #
2012/0060(COD)
Proposal for a regulation
Article 16 – paragraph 1 a (new)
Article 16 – paragraph 1 a (new)
The Commission shall collect and publish annually information on the 10 largest contracts awarded to European companies in third countries; The Commission shall collect and publish annually information on the 10 largest public procurement contracts awarded to third-country companies in the internal market.