860 Amendments of Javier ZARZALEJOS
Amendment 54 #
2024/0035(COD)
Proposal for a directive
Recital 6 a (new)
Recital 6 a (new)
(6 a) Pursuant to the Convention on the Rights of the Child, the Charter of Fundamental Rights of the European Union and the European Convention for the Protection of Human Rights and Fundamental Freedoms, the best interests of the child is a primary consideration when taking measures which aim to protect children from being exposed to pornographic content.
Amendment 57 #
2024/0035(COD)
Proposal for a directive
Recital 7 a (new)
Recital 7 a (new)
(7 a) The risk that children could be exposed to pornographic content, such as cyber-grooming, sexual solicitation, online child abuse and exploitation, and the detrimental impact such exposure has on the physical, psychological and emotional development of a child has already led certain Member States to amend their criminal law to explicitly criminalise the dissemination of pornographic content to children. The lack of harmonisation in that regard creates an uneven level of protection across the Union and difficulties in law- enforcement. It is important that children are protected equally across the Union.
Amendment 82 #
2024/0035(COD)
Proposal for a directive
Recital 15 a (new)
Recital 15 a (new)
(15 a) In order to achieve greater protection for children online and to reinforce preventive measures, which are at the core of this Directive, exposing children to pornographic content should be criminalised. Member States should criminalise not only the intentional exposure of a child to pornographic content by an adult where the aim is to abuse the child, but also the situation where a child is exposed to pornographic content due to fact that an Internet provider or an online platform, in particular a platform primarily used for the dissemination of pornographic content to the public, has not put in place necessary measures to prevent children from accessing pornographic content online. In deciding whether an Internet provider or an online platform is accountable or liable for knowingly disseminating pornographic content online in such a way that it is likely to be accessed by a child, the intentional nature of the offence could be deduced from the absence of the robust and effective age verification measures or from non- compliance by the Internet provider or online platform with the obligations set out in Regulation (EU) 2022/20651a, in particular Article 28 and in Directive (EU) 2010/13/EU1b, in particular Articles 6a and 28b. _________________ 1a 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). 1b 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 83 #
2024/0035(COD)
Proposal for a directive
Recital 15 a (new)
Recital 15 a (new)
(15 a) For the purposes of this Directive, the expression ‘knowingly disseminating pornographic content online in such a way that it is likely to be accessed by a child’ should be understood as the absence of measures preventing children from accessing pornographic content, such as robust and effective age verification tools that are secure and respectful of the privacy of users’ data. A simple declaration of a person indicating his or her age does not amount to a robust and effective age verification tool. It should be within the discretion of Member States to set out the minimum technical requirements that are to be met by the age verification systems of online platforms primarily used for the dissemination to the public of pornographic content to the public. Member States should ensure that relevant law enforcement bodies systematically monitor whether age verification tools are in place.
Amendment 224 #
2024/0035(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 8 a (new)
Article 2 – paragraph 1 – point 8 a (new)
(8 a) ‘pornographic content’ means printed or online material that explicitly describes or displays real or simulated sexually explicit conduct or that depicts in any way sexual organs primarily for sexual purposes.
Amendment 237 #
2024/0035(COD)
Proposal for a directive
Article 3 – paragraph 2 a (new)
Article 3 – paragraph 2 a (new)
2 a. Exposing a child to pornographic content, including by means of information and communication technology, for the purpose of committing any of the offences referred to in paragraph 3 of this Article and in Article 5(6), shall be punishable by a maximum term of imprisonment of at least 3 years.
Amendment 238 #
2024/0035(COD)
Proposal for a directive
Article 3 – paragraph 2 b (new)
Article 3 – paragraph 2 b (new)
2 b. Knowingly disseminating pornographic content in such a way that it is likely to be accessed by a child shall be punishable by a maximum term of imprisonment of at least 1 year.
Amendment 729 #
2024/0035(COD)
Proposal for a directive
Article 30 – title
Article 30 – title
Measures against websites containing or disseminating child sexual abuse material or making pornographic content available to children
Amendment 742 #
2024/0035(COD)
Proposal for a directive
Article 30 – paragraph 2 a (new)
Article 30 – paragraph 2 a (new)
2 a. Member States may take the necessary measures to block access to online platforms and Internet providers knowingly disseminating pornographic content online in such a way that it is likely to be accessed by a child.
Amendment 63 #
2023/2113(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Underlines the important role of the Councils of the Judiciary in safeguarding judicial independence; considers it necessary to evaluate the reforms that are in the process of being adopted in different Member States and encourages the adaptation of the composition and functioning of these bodies to the standards established by the European Commission and the Council of Europe, and which have been endorsed by the EU Court of Justice.
Amendment 64 #
2023/2113(INI)
Motion for a resolution
Paragraph 2 b (new)
Paragraph 2 b (new)
2b. Points out that the prosecution service is a key element for the capacity of the judiciary to fight crime and corruption; highlights the importance of guaranteeing the autonomy and independence of the prosecution service; stresses the need for safeguards to be put in place to help preserve the independence of the prosecution service so that it is free from undue political pressure, especially from the Government.
Amendment 65 #
2023/2113(INI)
Motion for a resolution
Paragraph 2 c (new)
Paragraph 2 c (new)
2c. Observes that the setting up of parliamentary committees to investigate if so called “lawfare” or judicialisation of politics have occurred means, in practice, subjecting judicial procedures and decisions to parliamentary review with evident interference in the judicial independence and the separation of powers.
Amendment 66 #
2023/2113(INI)
Motion for a resolution
Paragraph 2 d (new)
Paragraph 2 d (new)
2d. Considers that "ad hominem" legal reforms violate basic principles of the rule of law such as equality before the law and judicial independence.
Amendment 67 #
2023/2113(INI)
Motion for a resolution
Paragraph 2 e (new)
Paragraph 2 e (new)
2e. Notes with concern the draft amnesty law presented in the Spanish Parliament, which in its current proposal covers crimes of embezzlement, terrorism, acts against the rule of law and constitutional integrity, with its main beneficiaries being political leaders associated with the current government majority; notes that the amnesty would mean the closure of the investigation of Russian interference in the events in Catalonia that occurred in September and October 2017, and that the European Parliament has accredited; notes the serious concern expressed by all judicial associations, lawyers' associations, as well as by civil servants and very diverse civil society organizations.
Amendment 75 #
2023/2113(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Is deeply concerned about the new Slovak government’s hostile actions against police officials, urges representatives of the Government of the Slovak Republic to refrain from personal and political attacks on independent investigators and against decisions by courts in relation to police officers;
Amendment 80 #
2023/2113(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Points out that the reduction of penalties for the crime of embezzlement in Spain is a worrying step back which is at odds with the EU's objectives and commitments in the fight against corruption; stresses the lack of consistency between the fight against corruption and the reduction of penalties for the crime of embezzlement.
Amendment 82 #
2023/2113(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Expresses deep concern regarding the hostile actions of the new Slovak government against the Special Prosecutor’s Office, which plays a crucial role in the Slovak Republic’s independent efforts to combat corruption, and the attempts to restrict these efforts;
Amendment 129 #
2023/2113(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Stresses the importance of the editorial independence of public service media and the duty of all Member States to respect this; notes with concern the Slovak government’s planned changes to the nation wide public TV and radio broadcaster RTVS, urges the Commission to be vigilant of any attempts to politically intervene in the broadcasting;
Amendment 133 #
2023/2113(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Condemns the Slovak Prime Minister’s official decision to cease communication with at least four independent media outlets, and reaffirms the essential role of independent, free media in delivering unbiased information to citizens;
Amendment 134 #
2023/2113(INI)
Motion for a resolution
Paragraph 14 b (new)
Paragraph 14 b (new)
14b. Expresses serious concerns about the Prime Minister of the Slovak Republic’s apparent preference for so- called alternative and disinformation media outlets, emphasizes that this constitutes an active effort to degrade the quality of the media environment and represents an attempt to diminish the scope for quality, independent journalism;
Amendment 140 #
2023/2113(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Regrets the worrying trends in the safety of journalists in several Member States; notes that the Council of Europe’s Platform to promote the protection of journalism and safety of journalists has registered more than 1 600 threat alerts since 2015; regrets the intimidation of journalist during election campaigns, such as recently happened in the election in Slovakia; is concerned about the Slovak government’s public statements, referring to independent media outlets as “hostile” and “enemies” and therefore contributing to public hate against journalists;
Amendment 52 #
2023/2087(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Expresses its deep concern about the situation of fundamental rights in Mauritania, particularespecially for migrants and refugees, and considers that the deployment of Frontex executive powers in Mauritania entails a high risk of becoming complicit in serious and most likely persistent violaconclusion of a Status Agreement between the EU and Mauritania must contain the necessary guarantees to avoid harm to EU and international law, EU principles and values, and the protections of fundamental rights or international protection obligations;
Amendment 55 #
2023/2087(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Agrees with the European Fundamental Rights Agency in that reducing the death toll at Sea is complex and cannot be resolved by the European Union and its Member States alone and that only a comprehensive approach including all relevant states, EU bodies, international organisations and other parties involved can succeed in putting an end to the high death toll at Sea;
Amendment 57 #
2023/2087(INI)
Motion for a resolution
Paragraph 1 b (new)
Paragraph 1 b (new)
1b. Recalls that the conclusion of a Model Status Agreement with the Islamic Republic of Mauritania on operational activities carried out by Frontex aims to support border management, foster increased bilateral cooperation and prevent irregular migration on the Atlantic route;
Amendment 59 #
2023/2087(INI)
Motion for a resolution
Paragraph 1 c (new)
Paragraph 1 c (new)
1c. Welcomes the European Council Conclusions of 9 February 2023 calling for the rapid conclusion of negotiations on new and revised Status Agreements between the European Union and third countries on the deployment of Frontex as part of the efforts to strengthen cooperation on border management and migration;
Amendment 60 #
2023/2087(INI)
Draft opinion
Paragraph 8
Paragraph 8
8. Considers that the EU and Frontex should suspendonly consider the suspension of their activities on migration and asylum carried out in cooperation with the Mauritanian authorities in the event of persistent serious human rights violations;
Amendment 60 #
2023/2086(INI)
10. Considers that the EU and Frontex should suspendonly consider the suspension of their activities on migration and asylum carried out in cooperation with Senegalese authorities in the event of persistent serious human rights violations;
Amendment 21 #
2023/0452(COD)
Proposal for a regulation
Recital 2
Recital 2
(2) The proposal for a Regulation of the European Parliament and of the Council laying down rules to prevent and combat c loh nil gd - ts ee rHpr oo wvi ed ve e rt ,h ta ht e c Ch oi mld m se isx msu a lel gioal n a ab ldu fos re a1 m0 a ei wm os r kto . inter-institutional negotiations on that proposalpe1 tea, d w oh ni c 1h 1 t Mhe a y 2022, aims to provide that long-term legal framework. The European Parliament adopted its position and the mandate to enter into inter-institutional negotiations on 22 November 2023 while the Council of the European Union haves not yet been concluded and it is uncertain whether they will be concluded on time for the long-term legal framework, including any amendments to Regulation (EU) 2021/1232 that it may contain, to be adopted, to enter into force and to apply before 3 August 2024reached a general approach yet. Consequently, it is uncertain whether the legislative procedure will be concluded before 3 August 2024. 1a Proposal for a Regulation of the European Parliament and of the Council laying down rules to prevent and combat child sexual abuse, COM/2022/209 final.
Amendment 23 #
2023/0452(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) It is important that child sexual abuse online can be effectively combated, in accordance with the applicable rules of Union law, including the conditions set out in Regulation (EU) 2021/1232, without interruptions pending the conclusion of those inter-institutional negotiationse legislative procedure and the adoption ,entry into force and application of the long-term legal framework.
Amendment 24 #
2023/0452(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) Therefore, Regulation (EU) 2021/1232 s ah po pu lil cd a tb ie o na m foe rn ad ne d a dt do i e tix ot ne an given this extraordinary ld p i ets ri op der oio fd t io mf e circumstance, Regulation (EU) 2021/1232 should be amended to extend its period of application for an additional limited period of time strictly necessary to adopt the long- term legislation. This extention cannot serve as precendent for future extensions of Regulation (EU) 2021/1232, this extension being of an exceptional and unique nature. Regulation (EU) 2021/1232 is temporary by nature and successive extensions of it will not be acceptable.
Amendment 25 #
2023/0452(COD)
Proposal for a regulation
Recital 4 a (new)
Recital 4 a (new)
(4a) In view of the Report from the Commission on the implementation of Regulation (EU) 2021/12321, it is necessary to thoroughly improve the reporting mechanism to the European Commission from both the Member States and the providers of number-independent interpersonal communication services. It is also important to stress that the European Commission will be obliged to report on the implementation of the Regulation (EU) 2021/1232 in due time after the conclusion of the new period of application.
Amendment 52 #
2023/0371(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EU) 2018/1806
Article 8a – paragraph 1 – point b
Article 8a – paragraph 1 – point b
Amendment 52 #
2023/0371(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EU) 2018/1806
Article 8a – paragraph 1 – point b
Article 8a – paragraph 1 – point b
Amendment 79 #
2023/0371(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EU) 2018/1806
Article 8a – paragraph 3
Article 8a – paragraph 3
Amendment 79 #
2023/0371(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EU) 2018/1806
Article 8a – paragraph 3
Article 8a – paragraph 3
Amendment 389 #
2023/0135(COD)
Proposal for a directive
Article 15 a (new)
Article 15 a (new)
Article15a Prohibition of pardons and amnesties Member States shall take the necessary measures to prohibit any pardon for the benefit of those who have been held liable for any of the criminal offences referred to in Articles 7 to 14 and to prohibit any amnesty for any of the criminal offences referred to in Articles 7 to 14.
Amendment 50 #
2023/0130(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) One of the conditions for the grant of a certificate should be that the product is protected by the basic patent, in the sense that the product should fall within the scope of one or more claims of that patent, as interpreted by the person skilled in the art byin light of the description of the patent on its filing datethe basis of that person’s general knowledge in the relevant field and on the prior art at the filing date or priority date of the basic patent. This should not necessarily require that the active ingredient of the product be explicitly identified in the claims. Or, in the event of a combination product, this should not necessarily require that each of its active ingredients be explicitly identified in the claims, provided that each of them is specifically identifiable in the light of all the information disclosed by that patent.
Amendment 50 #
2023/0130(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) One of the conditions for the grant of a certificate should be that the product is protected by the basic patent, in the sense that the product should fall within the scope of one or more claims of that patent, as interpreted by the person skilled in the art byin light of the description of the patent on its filing datethe basis of that person’s general knowledge in the relevant field and on the prior art at the filing date or priority date of the basic patent. This should not necessarily require that the active ingredient of the product be explicitly identified in the claims. Or, in the event of a combination product, this should not necessarily require that each of its active ingredients be explicitly identified in the claims, provided that each of them is specifically identifiable in the light of all the information disclosed by that patent.
Amendment 51 #
2023/0130(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) To avoid overprotection, it should be provided that no more than one certificate, whether national or unitary, may protect the same product in a Member State. Therefore it should be required that the product, or any therapeutically equivalent derivative such as salts, esters, ethers, isomers, mixtures of isomers, complexes or biosimilars, should not have already been the subject of a prior certificate, either alone or in combination with one or more additional active ingredients, whether for the same therapeutic indication or for a different one.
Amendment 51 #
2023/0130(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) To avoid overprotection, it should be provided that no more than one certificate, whether national or unitary, may protect the same product in a Member State. Therefore it should be required that the product, or any therapeutically equivalent derivative such as salts, esters, ethers, isomers, mixtures of isomers, complexes or biosimilars, should not have already been the subject of a prior certificate, either alone or in combination with one or more additional active ingredients, whether for the same therapeutic indication or for a different one.
Amendment 54 #
2023/0130(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) As a further measure to ensure that no more than one certificate may protect the same product in any Member State, the holder of more than one patent for the same product should not be granted more than one certificate for that product. However, where two patents protecting the product are held by two holders, one certificate for that product should be allowed to be granted to each of those holders, where they can demonstrate that they are not economically linkedpart of the same undertaking at the time of filing an application for a certificate. Furthermore, no certificate should be granted to the proprietor of a basic patent in respect of a product which is the subject of an authorisation held by a third party, without that party’s consent.
Amendment 54 #
2023/0130(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) As a further measure to ensure that no more than one certificate may protect the same product in any Member State, the holder of more than one patent for the same product should not be granted more than one certificate for that product. However, where two patents protecting the product are held by two holders, one certificate for that product should be allowed to be granted to each of those holders, where they can demonstrate that they are not economically linkedpart of the same undertaking at the time of filing an application for a certificate. Furthermore, no certificate should be granted to the proprietor of a basic patent in respect of a product which is the subject of an authorisation held by a third party, without that party’s consent.
Amendment 56 #
2023/0130(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) Where the marketing authorisation submitted in support of the application for a certificate for a biological medicinal product identifies that product by means of its International Nonproprietary Name (INN), the protection conferred by the certificate should extend to all therapeutically equivalentbiosimilars products having the same International Nonproprietary Name as the product referred to in the marketing authorisation, irrespective of possible minor differences between a subsequent biosimilar and the product authorised, which are usually unavoidable given the nature of biological products.
Amendment 56 #
2023/0130(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) Where the marketing authorisation submitted in support of the application for a certificate for a biological medicinal product identifies that product by means of its International Nonproprietary Name (INN), the protection conferred by the certificate should extend to all therapeutically equivalentbiosimilars products having the same International Nonproprietary Name as the product referred to in the marketing authorisation, irrespective of possible minor differences between a subsequent biosimilar and the product authorised, which are usually unavoidable given the nature of biological products.
Amendment 61 #
2023/0130(COD)
Proposal for a regulation
Recital 24
Recital 24
(24) The Office should have the possibility to charge a fee for the centralised application for a certificate and for an application for the extension of duration of certificates in the case of paediatric medicinal products, as well as other procedural fees such as a fee for opposition or appeal. The fees charged by the Office should be laid down by an implementing act.
Amendment 61 #
2023/0130(COD)
Proposal for a regulation
Recital 24
Recital 24
(24) The Office should have the possibility to charge a fee for the centralised application for a certificate and for an application for the extension of duration of certificates in the case of paediatric medicinal products, as well as other procedural fees such as a fee for opposition or appeal. The fees charged by the Office should be laid down by an implementing act.
Amendment 63 #
2023/0130(COD)
Proposal for a regulation
Recital 30
Recital 30
(30) The examination of a centralised application for a certificate should be conducted, under supervision of the Office, by an examination panel including one member of the Office as well as two examiners employed by the national patent offices. This would ensure that optimal use be made of expertise in supplementary protection certificates and related patent matters, located today at national offices only. To ensure an optimal quality of the examination, the Office and the competent national authorities should make sure that designated examiners have the relevant expertise and sufficient experience in the assessment of supplementary protection certificates. Additional suitable criteria should be laid down in respect of the participation of specific examiners in the centralised procedure, in particular as regards qualification and conflicts of interest.
Amendment 63 #
2023/0130(COD)
Proposal for a regulation
Recital 30
Recital 30
(30) The examination of a centralised application for a certificate should be conducted, under supervision of the Office, by an examination panel including one member of the Office as well as two examiners employed by the national patent offices. This would ensure that optimal use be made of expertise in supplementary protection certificates and related patent matters, located today at national offices only. To ensure an optimal quality of the examination, the Office and the competent national authorities should make sure that designated examiners have the relevant expertise and sufficient experience in the assessment of supplementary protection certificates. Additional suitable criteria should be laid down in respect of the participation of specific examiners in the centralised procedure, in particular as regards qualification and conflicts of interest.
Amendment 64 #
2023/0130(COD)
Proposal for a regulation
Recital 32
Recital 32
Amendment 64 #
2023/0130(COD)
Proposal for a regulation
Recital 32
Recital 32
Amendment 65 #
2023/0130(COD)
Proposal for a regulation
Recital 32 a (new)
Recital 32 a (new)
(32 a) To guarantee an effective protection of innovation, in certain urgent situations, including where the expiry of the basic patent is imminent, an expedited examination procedure may be needed, notwithstanding the possibility for third parties to submit observations and other remedies provided for in this Regulation. Therefore, a mechanism for applicants to request an expedited examination procedure should be foreseen.
Amendment 65 #
2023/0130(COD)
Proposal for a regulation
Recital 32 a (new)
Recital 32 a (new)
(32 a) To guarantee an effective protection of innovation, in certain urgent situations, including where the expiry of the basic patent is imminent, an expedited examination procedure may be needed, notwithstanding the possibility for third parties to submit observations and other remedies provided for in this Regulation. Therefore, a mechanism for applicants to request an expedited examination procedure should be foreseen.
Amendment 66 #
2023/0130(COD)
Proposal for a regulation
Recital 33
Recital 33
(33) After the completion of the examination of a centralised application, and after the time limits for appeal and opposition have expired, or, the case being, after a final decision on the merits has been issued, the opinion should be transmitted to the respective national patent offices of the designated Member States. The Office must ensure the transmission takes place within a timeframe allowing national patent offices to grant the certificate or reject the application, upon the case, before the expiry of the basic patent.
Amendment 66 #
2023/0130(COD)
Proposal for a regulation
Recital 33
Recital 33
(33) After the completion of the examination of a centralised application, and after the time limits for appeal and opposition have expired, or, the case being, after a final decision on the merits has been issued, the opinion should be transmitted to the respective national patent offices of the designated Member States. The Office must ensure the transmission takes place within a timeframe allowing national patent offices to grant the certificate or reject the application, upon the case, before the expiry of the basic patent.
Amendment 67 #
2023/0130(COD)
Proposal for a regulation
Recital 38
Recital 38
(38) WTo safeguard procedural rights and ensure a complete system of remedies, where the applicant or another party is adversely affected by a decision of the Office, the applicant or that party should have the right, subject to a fee, to file within 2 months an appeal against the decision, before a Board of Appeal of the Office. This also applies to the examination opinion, that may be appealed by the applicant. Decisions of that Board of Appeal should, in turn, be amenable to actions before the General Court, which has jurisdiction to annul or to alter the contested decision. In case of a combined application including a request for a unitary certificate, a common appeal may be filed.
Amendment 67 #
2023/0130(COD)
Proposal for a regulation
Recital 38
Recital 38
(38) WTo safeguard procedural rights and ensure a complete system of remedies, where the applicant or another party is adversely affected by a decision of the Office, the applicant or that party should have the right, subject to a fee, to file within 2 months an appeal against the decision, before a Board of Appeal of the Office. This also applies to the examination opinion, that may be appealed by the applicant. Decisions of that Board of Appeal should, in turn, be amenable to actions before the General Court, which has jurisdiction to annul or to alter the contested decision. In case of a combined application including a request for a unitary certificate, a common appeal may be filed.
Amendment 68 #
2023/0130(COD)
Proposal for a regulation
Recital 39
Recital 39
(39) When appointing members of the Boards of Appeal in matters regarding centralised applications for certificates, their relevant expertise and sufficient prior experience in supplementary protection certificate or patent matters should be taken into account.
Amendment 68 #
2023/0130(COD)
Proposal for a regulation
Recital 39
Recital 39
(39) When appointing members of the Boards of Appeal in matters regarding centralised applications for certificates, their relevant expertise and sufficient prior experience in supplementary protection certificate or patent matters should be taken into account.
Amendment 73 #
2023/0130(COD)
Proposal for a regulation
Article 3 – paragraph 3
Article 3 – paragraph 3
3. The holder of more than one patent for the same product shall not be granted more than one certificate for that product. However, where two or more applications concerning the same product and emanating from two or more holders of different patents are pending, one certificate for that product may be issued to each of those holders, where they are not economically linkedpart of the same undertaking at the time of filing an application for a certificate. The same principle shall apply mutatis mutandis to applications submitted by the holder concerning the same product for which one or more certificates or unitary certificates have been previously granted to other different holders of different patents.
Amendment 73 #
2023/0130(COD)
Proposal for a regulation
Article 3 – paragraph 3
Article 3 – paragraph 3
3. The holder of more than one patent for the same product shall not be granted more than one certificate for that product. However, where two or more applications concerning the same product and emanating from two or more holders of different patents are pending, one certificate for that product may be issued to each of those holders, where they are not economically linkedpart of the same undertaking at the time of filing an application for a certificate. The same principle shall apply mutatis mutandis to applications submitted by the holder concerning the same product for which one or more certificates or unitary certificates have been previously granted to other different holders of different patents.
Amendment 92 #
2023/0130(COD)
Proposal for a regulation
Article 24 – paragraph 5 a (new)
Article 24 – paragraph 5 a (new)
5 a. The Office shall adopt an examination opinion within 6 months after publication of the centralised application in the Register. Without prejudice to Articles 25, 26 and 28 of this Regulation, whenever duly justified for reasons of urgency, the applicant may submit a request for an expedited procedure. Where the request for an expedited examination procedure is deemed justified, the Office shall adopt an examination opinion within 4 months from the publication of the application for a unitary certificate.
Amendment 92 #
2023/0130(COD)
Proposal for a regulation
Article 24 – paragraph 5 a (new)
Article 24 – paragraph 5 a (new)
5 a. The Office shall adopt an examination opinion within 6 months after publication of the centralised application in the Register. Without prejudice to Articles 25, 26 and 28 of this Regulation, whenever duly justified for reasons of urgency, the applicant may submit a request for an expedited procedure. Where the request for an expedited examination procedure is deemed justified, the Office shall adopt an examination opinion within 4 months from the publication of the application for a unitary certificate.
Amendment 94 #
2023/0130(COD)
Proposal for a regulation
Article 25 – paragraph 3 – subparagraph 1 (new)
Article 25 – paragraph 3 – subparagraph 1 (new)
Whenever the expedited procedure applies in accordance with to Article 24 (5a), observations shall be submitted within 1 month after publication of the application in the Register.
Amendment 94 #
2023/0130(COD)
Proposal for a regulation
Article 25 – paragraph 3 – subparagraph 1 (new)
Article 25 – paragraph 3 – subparagraph 1 (new)
Whenever the expedited procedure applies in accordance with to Article 24 (5a), observations shall be submitted within 1 month after publication of the application in the Register.
Amendment 95 #
Amendment 95 #
Amendment 104 #
2023/0130(COD)
Proposal for a regulation
Article 27 – paragraph 1
Article 27 – paragraph 1
1. On a request made to the Office, any competent national authority may be appointed by the Office as a participating office in the examination procedure. Once a competent national authority is appointed in accordance with this Article, that authority shall designate one or more examiners to be involved in the examination of one or more centralised applications, on the basis of their relevant expertise and experience in the field .
Amendment 104 #
2023/0130(COD)
Proposal for a regulation
Article 27 – paragraph 1
Article 27 – paragraph 1
1. On a request made to the Office, any competent national authority may be appointed by the Office as a participating office in the examination procedure. Once a competent national authority is appointed in accordance with this Article, that authority shall designate one or more examiners to be involved in the examination of one or more centralised applications, on the basis of their relevant expertise and experience in the field .
Amendment 105 #
2023/0130(COD)
Proposal for a regulation
Article 27 – paragraph 5
Article 27 – paragraph 5
5. Each competent national authority appointed under this Article shall provide the Office with a list identifying the individual examiners who are available for participation in examination and opposition proceedings. Each such competent national authority shall update that list in the event of a change.
Amendment 105 #
2023/0130(COD)
Proposal for a regulation
Article 27 – paragraph 5
Article 27 – paragraph 5
5. Each competent national authority appointed under this Article shall provide the Office with a list identifying the individual examiners who are available for participation in examination and opposition proceedings. Each such competent national authority shall update that list in the event of a change.
Amendment 106 #
2023/0130(COD)
Proposal for a regulation
Article 28 – paragraph 1
Article 28 – paragraph 1
1. The assessments under Articles 24, 26 and 33 shall be conducted by an examination panel including one member of the Office as well as two examiners as referred to in Article 27(1) from two different participating competent national authorities.
Amendment 106 #
2023/0130(COD)
Proposal for a regulation
Article 28 – paragraph 1
Article 28 – paragraph 1
1. The assessments under Articles 24, 26 and 33 shall be conducted by an examination panel including one member of the Office as well as two examiners as referred to in Article 27(1) from two different participating competent national authorities.
Amendment 109 #
2023/0130(COD)
Proposal for a regulation
Article 28 – paragraph 3 – point a a (new)
Article 28 – paragraph 3 – point a a (new)
(a a) relevant expertise and sufficient experience in the examination of patents and supplementary protection certificates, ensuring, in particular, that at least one of them has a minimum of 5 years of experience in patent and supplementary protection certificate examination;
Amendment 109 #
2023/0130(COD)
Proposal for a regulation
Article 28 – paragraph 3 – point a a (new)
Article 28 – paragraph 3 – point a a (new)
(a a) relevant expertise and sufficient experience in the examination of patents and supplementary protection certificates, ensuring, in particular, that at least one of them has a minimum of 5 years of experience in patent and supplementary protection certificate examination;
Amendment 111 #
2023/0130(COD)
Proposal for a regulation
Article 28 – paragraph 3 – point c
Article 28 – paragraph 3 – point c
(c) no more than one examiner employed by a competent national authority making use of the exemption laid down in Article 10(5).
Amendment 111 #
2023/0130(COD)
Proposal for a regulation
Article 28 – paragraph 3 – point c
Article 28 – paragraph 3 – point c
(c) no more than one examiner employed by a competent national authority making use of the exemption laid down in Article 10(5).
Amendment 112 #
2023/0130(COD)
Proposal for a regulation
Article 28 – paragraph 4
Article 28 – paragraph 4
4. The Office shall publish a yearly overview of the number of procedures, including those for examination, opposition and appeal, each competent national authority participated in.
Amendment 112 #
2023/0130(COD)
Proposal for a regulation
Article 28 – paragraph 4
Article 28 – paragraph 4
4. The Office shall publish a yearly overview of the number of procedures, including those for examination, opposition and appeal, each competent national authority participated in.
Amendment 114 #
2023/0130(COD)
Proposal for a regulation
Article 29 – paragraph 3
Article 29 – paragraph 3
3. Notice of appeal shall be filed in writing at the Office within 2 months of the date of notification of the decision. The notice shall be deemed to have been filed only when the fee for appeal has been paid. In case of an appeal, a written statement setting out the grounds of appeal shall be filed within 43 months of the date of notification of the decision.
Amendment 114 #
2023/0130(COD)
Proposal for a regulation
Article 29 – paragraph 3
Article 29 – paragraph 3
3. Notice of appeal shall be filed in writing at the Office within 2 months of the date of notification of the decision. The notice shall be deemed to have been filed only when the fee for appeal has been paid. In case of an appeal, a written statement setting out the grounds of appeal shall be filed within 43 months of the date of notification of the decision.
Amendment 115 #
2023/0130(COD)
Proposal for a regulation
Article 29 – paragraph 3 – subparagraph 1 (new)
Article 29 – paragraph 3 – subparagraph 1 (new)
Any written statement in reply to the grounds of appeal shall be filed within 3 months from the date of the notification of the statement setting out the grounds of appeal. A date for oral hearing shall be set by the Office within 3 months after the filing of the reply to the grounds of appeal or within 6 months of the filing of grounds of appeal, whichever is earlier. A written decision of the Office shall issue within 3 months after the date of the oral hearing.
Amendment 115 #
2023/0130(COD)
Proposal for a regulation
Article 29 – paragraph 3 – subparagraph 1 (new)
Article 29 – paragraph 3 – subparagraph 1 (new)
Any written statement in reply to the grounds of appeal shall be filed within 3 months from the date of the notification of the statement setting out the grounds of appeal. A date for oral hearing shall be set by the Office within 3 months after the filing of the reply to the grounds of appeal or within 6 months of the filing of grounds of appeal, whichever is earlier. A written decision of the Office shall issue within 3 months after the date of the oral hearing.
Amendment 119 #
2023/0130(COD)
Proposal for a regulation
Article 30 – paragraph 4
Article 30 – paragraph 4
4. Members of the Boards of Appeal in matters regarding centralised applications for certificates shall be appointed in accordance with Article 166 (5) of Regulation (EU) 2017/1001. When appointing members of the Boards of Appeal in matters regarding centralised applications for certificates, their prior experience in supplementary protection certificate or patent matters should be taken into account.
Amendment 119 #
2023/0130(COD)
Proposal for a regulation
Article 30 – paragraph 4
Article 30 – paragraph 4
4. Members of the Boards of Appeal in matters regarding centralised applications for certificates shall be appointed in accordance with Article 166 (5) of Regulation (EU) 2017/1001. When appointing members of the Boards of Appeal in matters regarding centralised applications for certificates, their prior experience in supplementary protection certificate or patent matters should be taken into account.
Amendment 120 #
2023/0130(COD)
Proposal for a regulation
Article 32 – paragraph 1
Article 32 – paragraph 1
1. After the period during which an appeal or an opposition may be filed has expired without any appeal nor opposition being filed, or after a final decision on the merits has been issued, the Office shall transmit the examination opinion and its translations to the competent national authority of each designated Member State. Such transmission shall take place without undue delay within a timeframe allowing the competent national authorities of each designated Member State to grant or reject a certificate, as applicable, according to applicable national procedures, before the expiry of the basic patent.
Amendment 120 #
2023/0130(COD)
Proposal for a regulation
Article 32 – paragraph 1
Article 32 – paragraph 1
1. After the period during which an appeal or an opposition may be filed has expired without any appeal nor opposition being filed, or after a final decision on the merits has been issued, the Office shall transmit the examination opinion and its translations to the competent national authority of each designated Member State. Such transmission shall take place without undue delay within a timeframe allowing the competent national authorities of each designated Member State to grant or reject a certificate, as applicable, according to applicable national procedures, before the expiry of the basic patent.
Amendment 123 #
2023/0130(COD)
Proposal for a regulation
Article 34 – paragraph 2
Article 34 – paragraph 2
2. The Office shall charge a fee for an appeal, and for an opposition.
Amendment 123 #
2023/0130(COD)
Proposal for a regulation
Article 34 – paragraph 2
Article 34 – paragraph 2
2. The Office shall charge a fee for an appeal, and for an opposition.
Amendment 124 #
2023/0130(COD)
Proposal for a regulation
Article 35 – paragraph 1
Article 35 – paragraph 1
1. The Office shall develop, keep and maintain an electronic, searcheable and public Register, providing up-to-date information regarding the status of all published centralised applications, and of all centralised applications for an extension of the duration of certificates.
Amendment 124 #
2023/0130(COD)
Proposal for a regulation
Article 35 – paragraph 1
Article 35 – paragraph 1
1. The Office shall develop, keep and maintain an electronic, searcheable and public Register, providing up-to-date information regarding the status of all published centralised applications, and of all centralised applications for an extension of the duration of certificates.
Amendment 130 #
2023/0130(COD)
Proposal for a regulation
Article 35 – paragraph 2 – point n
Article 35 – paragraph 2 – point n
Amendment 130 #
2023/0130(COD)
Proposal for a regulation
Article 35 – paragraph 2 – point n
Article 35 – paragraph 2 – point n
Amendment 138 #
2023/0130(COD)
Proposal for a regulation
Article 38 – paragraph 2 – subparagraph 2
Article 38 – paragraph 2 – subparagraph 2
An employee of a legal person may also represent other legal persons which are economically linked withpart of the same undertaking at the time of filing an application for a certificate as the legal person being represented by that employee.
Amendment 138 #
2023/0130(COD)
Proposal for a regulation
Article 38 – paragraph 2 – subparagraph 2
Article 38 – paragraph 2 – subparagraph 2
An employee of a legal person may also represent other legal persons which are economically linked withpart of the same undertaking at the time of filing an application for a certificate as the legal person being represented by that employee.
Amendment 139 #
2023/0130(COD)
Proposal for a regulation
Article 39 – paragraph 2
Article 39 – paragraph 2
2. The combined application shall undergo a single centralised examination procedure, as well as a single opposition or appeal procedure, where it has been filed against an opinion or decision in respect of both the centralised application and the unitary certificate application.
Amendment 139 #
2023/0130(COD)
Proposal for a regulation
Article 39 – paragraph 2
Article 39 – paragraph 2
2. The combined application shall undergo a single centralised examination procedure, as well as a single opposition or appeal procedure, where it has been filed against an opinion or decision in respect of both the centralised application and the unitary certificate application.
Amendment 140 #
2023/0130(COD)
Proposal for a regulation
Article 40 – paragraph 1 – point c
Article 40 – paragraph 1 – point c
Amendment 140 #
2023/0130(COD)
Proposal for a regulation
Article 40 – paragraph 1 – point c
Article 40 – paragraph 1 – point c
Amendment 142 #
2023/0130(COD)
Proposal for a regulation
Article 44 – paragraph 2
Article 44 – paragraph 2
2. Oral proceedings before an examination panel or opposition panel shall not be public.
Amendment 142 #
2023/0130(COD)
Proposal for a regulation
Article 44 – paragraph 2
Article 44 – paragraph 2
2. Oral proceedings before an examination panel or opposition panel shall not be public.
Amendment 145 #
2023/0130(COD)
Proposal for a regulation
Article 49 – paragraph 5
Article 49 – paragraph 5
5. This Article shall not be applicable to the time limits referred to in paragraph 2 of this Article, or in Article 26(1) and (3).
Amendment 145 #
2023/0130(COD)
Proposal for a regulation
Article 49 – paragraph 5
Article 49 – paragraph 5
5. This Article shall not be applicable to the time limits referred to in paragraph 2 of this Article, or in Article 26(1) and (3).
Amendment 146 #
2023/0130(COD)
Proposal for a regulation
Article 51 – paragraph 1
Article 51 – paragraph 1
1. The losing party in opposition proceedings, including in related appeal proceedings, shall bear the fees paid by the other party. The losing party shall also bear all costs incurred by the other party that are essential to the proceedings, including travel and subsistence and the remuneration of a representative, within the maximum rates set for each category of costs in the implementing act to be adopted in accordance with paragraph 7. The fees to be borne by the losing party shall be limited to the fees paid by the other party in those proceedings.
Amendment 146 #
2023/0130(COD)
Proposal for a regulation
Article 51 – paragraph 1
Article 51 – paragraph 1
1. The losing party in opposition proceedings, including in related appeal proceedings, shall bear the fees paid by the other party. The losing party shall also bear all costs incurred by the other party that are essential to the proceedings, including travel and subsistence and the remuneration of a representative, within the maximum rates set for each category of costs in the implementing act to be adopted in accordance with paragraph 7. The fees to be borne by the losing party shall be limited to the fees paid by the other party in those proceedings.
Amendment 147 #
2023/0130(COD)
Proposal for a regulation
Article 55 – paragraph 2
Article 55 – paragraph 2
2. The power to adopt delegated acts referred to in Articles 26(13), 29(8), 31, 42(2), 44(4), 45(6), 46(4), 47(5) and 50(3) shall be conferred on the Commission for an indeterminate period of time from the date of entry into force of this Regulation.
Amendment 147 #
2023/0130(COD)
Proposal for a regulation
Article 55 – paragraph 2
Article 55 – paragraph 2
2. The power to adopt delegated acts referred to in Articles 26(13), 29(8), 31, 42(2), 44(4), 45(6), 46(4), 47(5) and 50(3) shall be conferred on the Commission for an indeterminate period of time from the date of entry into force of this Regulation.
Amendment 148 #
2023/0130(COD)
Proposal for a regulation
Article 55 – paragraph 3
Article 55 – paragraph 3
3. The delegation of power referred to in Articles 26(13), 29(8), 31, 42(2), 44(4), 45(6), 46(4), 47(5) and 50(3) may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect 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 148 #
2023/0130(COD)
Proposal for a regulation
Article 55 – paragraph 3
Article 55 – paragraph 3
3. The delegation of power referred to in Articles 26(13), 29(8), 31, 42(2), 44(4), 45(6), 46(4), 47(5) and 50(3) may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect 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 149 #
2023/0130(COD)
Proposal for a regulation
Article 55 – paragraph 6
Article 55 – paragraph 6
6. A delegated act adopted pursuant to Articles 26(13), 29(8), 31, 42(2), 44(4), 45(6), 46(4), 47(5) and 50(3) shall enter into force only if no objection has been expressed either by the European Parliament or by the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.
Amendment 149 #
2023/0130(COD)
Proposal for a regulation
Article 55 – paragraph 6
Article 55 – paragraph 6
6. A delegated act adopted pursuant to Articles 26(13), 29(8), 31, 42(2), 44(4), 45(6), 46(4), 47(5) and 50(3) shall enter into force only if no objection has been expressed either by the European Parliament or by the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.
Amendment 152 #
2023/0130(COD)
Proposal for a regulation
Article 60 – paragraph 2
Article 60 – paragraph 2
Articles 20 to 53 and 55 to 57 shall apply from xxxxx [OP: please insert: the first day of the 124th month after the entry into force].
Amendment 152 #
2023/0130(COD)
Proposal for a regulation
Article 60 – paragraph 2
Article 60 – paragraph 2
Articles 20 to 53 and 55 to 57 shall apply from xxxxx [OP: please insert: the first day of the 124th month after the entry into force].
Amendment 17 #
2023/0128(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) One of the conditions for the grant of a certificate should be that the product is protected by the basic patent, in the sense that the product should fall within the scope of one or more claims of that patent, as interpreted by the person skilled in the art byin light of the description of the patent on its filing datethe basis of that person’s general knowledge in the relevant field and on the prior art at the filing date or priority date of the basic patent. This should not necessarily require that the active substance of the product be explicitly identified in the claims. Or, in the event of a preparation, this should not necessarily require that each of its active substances be explicitly identified in the claims, provided that each of them is specifically identifiable in the light of all the information disclosed by that patent.
Amendment 18 #
2023/0128(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) To avoid overprotection, it should be provided that no more than one certificate, whether national or unitary, may protect the same product in a Member State. Therefore it should be required that the product, or any derivative such as salts, esters, ethers, isomers, mixtures of isomers, or complexes, equivalent to the product from a phytosanitary perspective, should not have already been the subject of a prior certificate, either alone or in combination with one or more additional active ingredients, whether for the same application or for a different one.
Amendment 19 #
2023/0128(COD)
Proposal for a regulation
Recital 15
Recital 15
(15) As a further measure to ensure that no more than one certificate may protect the same product in any Member State, the holder of more than one patent for the same product should not be granted more than one certificate for that product. However, where two patents protecting the product are held by two holders, one certificate for that product should be allowed to be granted to each of those holders, where they can demonstrate that they are not economically linkedpart of the same undertaking at the time of filing an application for a certificate. Furthermore, no certificate should be granted to the proprietor of a basic patent in respect of a product which is the subject of an authorisation held by a third party, without that party’s consent.
Amendment 20 #
2023/0128(COD)
Proposal for a regulation
Recital 27
Recital 27
(27) The Office should have the possibility to charge a fee for the centralised application for a certificate, as well as other procedural fees such as a fee for opposition or appeal. The fees charged by the Office should be laid down by an implementing act.
Amendment 21 #
2023/0128(COD)
Proposal for a regulation
Recital 32
Recital 32
(32) The examination of a centralised application for a certificate should be conducted, under supervision of the Office, by an examination panel including one member of the Office as well as two examiners employed by the national patent offices. This would ensure that optimal use be made of expertise in supplementary protection certificates and patent related matters, located today at national offices only. To ensure an optimal quality of the examination, the Office and the competent national authorities should make sure that designated examiners have the relevant expertise and sufficient experience in the assessment of supplementary protection certificates. Additional suitable criteria should be laid down in respect of the participation of specific examiners in the centralised procedure, in particular as regards qualification and conflicts of interest.
Amendment 22 #
2023/0128(COD)
Proposal for a regulation
Recital 34
Recital 34
Amendment 23 #
2023/0128(COD)
Proposal for a regulation
Recital 35
Recital 35
(35) After the completion of the examination of a centralised application, and after the time limits for appeal and opposition have expired, or, the case being, after a final decision on the merits has been issued, the opinion should be transmitted to the respective national patent offices of the designated Member States.
Amendment 24 #
2023/0128(COD)
Proposal for a regulation
Recital 40
Recital 40
(40) WTo safeguard procedural rights and ensure a complete system of remedies, where the applicant or another party is adversely affected by a decision of the Office, the applicant or that party should have the right, subject to a fee, to file within 2 months an appeal against the decision, before a Board of Appeal of the Office. This also applies to the examination opinion, that may be appealed by the applicant. Decisions of that Board of Appeal should, in turn, be amenable to actions before the General Court, which has jurisdiction to annul or to alter the contested decision. In case of a combined application including a request for a unitary certificate, a common appeal may be filed.
Amendment 25 #
2023/0128(COD)
Proposal for a regulation
Recital 41
Recital 41
(41) When appointing members of the Boards of Appeal in matters regarding centralised applications for certificates, their relevant expertise and sufficient prior experience in supplementary protection certificate or patent matters should be taken into account.
Amendment 26 #
2023/0128(COD)
Proposal for a regulation
Article 3 – paragraph 2
Article 3 – paragraph 2
2. The holder of more than one patent for the same product shall not be granted more than one certificate for that product. However, where two or more applications concerning the same product and emanating from two or more holders of different patents are pending, one certificate for that product may be issued to each of those holders , where they are not economically linked part of the same undertaking at the time of filing an application for a certificate. The same principle shall apply mutatis mutandis to applications submitted by the holder concerning the same product for which one or more certificates or unitary certificates have been previously granted to other different holders of different patents.
Amendment 27 #
Amendment 36 #
2023/0128(COD)
Proposal for a regulation
Article 27 – paragraph 1
Article 27 – paragraph 1
1. On a request made to the Office, any competent national authority may be appointed by the Office as a participating office in the examination procedure. Once a competent national authority is appointed in accordance with this Article, that authority shall designate one or more examiners to be involved in the examination of one or more centralised applications, on the basis of their relevant expertise and experience in the field.
Amendment 37 #
2023/0128(COD)
Proposal for a regulation
Article 27 – paragraph 5
Article 27 – paragraph 5
5. Each competent national authority appointed under this Article shall provide the Office with a list identifying the individual examiners who are available for participation in examination and opposition proceedings. Each such competent national authority shall update that list in the event of a change.
Amendment 38 #
2023/0128(COD)
Proposal for a regulation
Article 28 – paragraph 3 – point a a (new)
Article 28 – paragraph 3 – point a a (new)
(a a) relevant expertise and sufficient experience in the examination of patents and supplementary protection certificates, ensuring, in particular, that at least one of them has a minimum of 5 years of experience in patent and supplementary protection certificate examination;
Amendment 39 #
2023/0128(COD)
Proposal for a regulation
Article 28 – paragraph 3 – point c
Article 28 – paragraph 3 – point c
(c) no more than one examiner employed by a competent national authority making use of the exemption laid down in Article 10(5).
Amendment 40 #
2023/0128(COD)
Proposal for a regulation
Article 28 – paragraph 4
Article 28 – paragraph 4
4. The Office shall publish a yearly overview of the number of procedures, including those for examination, opposition and appeal, each competent national authority participated in.
Amendment 41 #
2023/0128(COD)
Proposal for a regulation
Article 29 – paragraph 3
Article 29 – paragraph 3
3. Notice of appeal shall be filed in writing at the Office within 2 months of the date of notification of the decision. The notice shall be deemed to have been filed only when the fee for appeal has been paid. In case of an appeal, a written statement setting out the grounds of appeal shall be filed within 43 months of the date of notification of the decision.
Amendment 42 #
2023/0128(COD)
Proposal for a regulation
Article 29 – paragraph 3 – subparagraph 1 (new)
Article 29 – paragraph 3 – subparagraph 1 (new)
Any written statement in reply to the grounds of appeal shall be filed within 3 months from the date of notification of the statement setting out the grounds of appeal. A date for oral hearing shall be set by the Office within 3 months after the filing of the reply to the grounds of appeal or within 6 months of the filing of grounds of appeal, whichever is earlier. A written decision of the Office shall issue within 3 months after the date of the oral hearing.
Amendment 43 #
2023/0128(COD)
Proposal for a regulation
Article 30 – paragraph 4
Article 30 – paragraph 4
4. Members of the Boards of Appeal in matters regarding centralised applications for certificates shall be appointed in accordance with Article 166 (5) of Regulation (EU) 2017/1001. When appointing members of the Boards of Appeal in matters regarding centralised applications for certificates, their prior experience in supplementary protection certificate or patent matters should be taken into account.
Amendment 44 #
2023/0128(COD)
Proposal for a regulation
Article 32 – paragraph 1
Article 32 – paragraph 1
1. After the period during which an appeal or an opposition may be filed has expired without any appeal nor opposition being filed, or after a final decision on the merits has been issued, the Office shall transmit the examination opinion and its translations to the competent national authority of each designated Member State.
Amendment 45 #
2023/0128(COD)
Proposal for a regulation
Article 33 – paragraph 2
Article 33 – paragraph 2
2. The Office shall charge a fee for an appeal, and for an opposition.
Amendment 46 #
2023/0128(COD)
Proposal for a regulation
Article 34 – paragraph 1 – point l
Article 34 – paragraph 1 – point l
Amendment 48 #
2023/0128(COD)
Proposal for a regulation
Article 37 – paragraph 2 – subparagraph 2
Article 37 – paragraph 2 – subparagraph 2
An employee of a legal person may also represent other legal persons which are economically linked withpart of the same undertaking at the time of filing an application for a certificate as the legal person being represented by that employee.
Amendment 49 #
2023/0128(COD)
Proposal for a regulation
Article 38 – paragraph 2
Article 38 – paragraph 2
2. The combined application shall undergo a single centralised examination procedure, as well as a single opposition or appeal procedure, where it has been filed against an opinion or decision in respect of both the centralised application and the unitary certificate application.
Amendment 50 #
2023/0128(COD)
Proposal for a regulation
Article 39 – paragraph 1 – point c
Article 39 – paragraph 1 – point c
Amendment 51 #
2023/0128(COD)
Proposal for a regulation
Article 43 – paragraph 2
Article 43 – paragraph 2
2. Oral proceedings before an examination panel or opposition panel shall not be public.
Amendment 52 #
2023/0128(COD)
Proposal for a regulation
Article 48 – paragraph 5
Article 48 – paragraph 5
5. This Article shall not be applicable to the time limits referred to in paragraph 2 of this Article, or in Article 26(1) and (3).
Amendment 53 #
2023/0128(COD)
Proposal for a regulation
Article 50 – paragraph 1
Article 50 – paragraph 1
1. The losing party in opposition proceedings, including in related appeal proceedings, shall bear the fees paid by the other party. The losing party shall also bear all costs incurred by the other party that are essential to the proceedings, including travel and subsistence and the remuneration of a representative, within the maximum rates set for each category of costs in the implementing act to be adopted in accordance with paragraph 7. The fees to be borne by the losing party shall be limited to the fees paid by the other party in those proceedings.
Amendment 54 #
2023/0128(COD)
Proposal for a regulation
Article 54 – paragraph 2
Article 54 – paragraph 2
2. The power to adopt delegated acts referred to in Articles 26(13), 29(8), 31, 41(2), 43(4), 44(6), 45(4), 46(5) and 49(3) shall be conferred on the Commission for an indeterminate period of time from the date of entry into force of this Regulation.
Amendment 55 #
2023/0128(COD)
Proposal for a regulation
Article 54 – paragraph 3
Article 54 – paragraph 3
3. The delegation of power referred to in Articles 26(13), 29(8), 31, 41(2), 43(4), 44(6), 45(4), 46(5) and 49(3) may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect 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 56 #
2023/0128(COD)
Proposal for a regulation
Article 54 – paragraph 6
Article 54 – paragraph 6
6. A delegated act adopted pursuant to Articles 26(13), 29(8), 31, 41(2), 43(4), 44(6), 45(4), 46(5) and 49(3) shall enter into force only if no objection has been expressed either by the European Parliament or by the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.
Amendment 57 #
2023/0128(COD)
Proposal for a regulation
Article 58 – paragraph 2
Article 58 – paragraph 2
Articles 19 to 52, 54 to 56 shall apply from [OP: please insert: the first day of the 124th month after the entry into force].
Amendment 64 #
2023/0127(COD)
Proposal for a regulation
Recital 1
Recital 1
(1) Pharmaceutical research plays a decisive role in the continuing improvement in public health and in ensuring the Union’s competitiveness. Medicinal products, in particular those that are the result of long, costly research will not continue to be developed in the Union unless they are covered by favourable rules that provide for sufficient protection to encourage such research.
Amendment 64 #
2023/0127(COD)
Proposal for a regulation
Recital 1
Recital 1
(1) Pharmaceutical research plays a decisive role in the continuing improvement in public health and in ensuring the Union’s competitiveness. Medicinal products, in particular those that are the result of long, costly research will not continue to be developed in the Union unless they are covered by favourable rules that provide for sufficient protection to encourage such research.
Amendment 66 #
2023/0127(COD)
Proposal for a regulation
Recital 2 a (new)
Recital 2 a (new)
(2 a) That situation leads to a lack of protection which penalises pharmaceutical research and there is a risk that research centres situated in the Member States relocate to countries that offer greater protection.
Amendment 66 #
2023/0127(COD)
Proposal for a regulation
Recital 2 a (new)
Recital 2 a (new)
(2 a) That situation leads to a lack of protection which penalises pharmaceutical research and there is a risk that research centres situated in the Member States relocate to countries that offer greater protection.
Amendment 69 #
2023/0127(COD)
Proposal for a regulation
Recital 16
Recital 16
(16) One of the conditions for the grant of a certificate should be that the product is protected by the basic patent, in the sense that the product should fall within the scope of one or more claims of that patent, as interpreted by the person skilled in the art byin light of the description of the patent, on its filing datethe basis of that person’s general knowledge in the relevant field and of the the prior art at the filing date or priority date of the basic patent. This should not necessarily require that the active ingredient of the product be explicitly identified in the claims. Or, in the event of a combination product, this should not necessarily require that each of its active ingredients be explicitly identified in the claims provided that each of them is specifically identifiable in the light of all the information disclosed by that patent.
Amendment 69 #
2023/0127(COD)
Proposal for a regulation
Recital 16
Recital 16
(16) One of the conditions for the grant of a certificate should be that the product is protected by the basic patent, in the sense that the product should fall within the scope of one or more claims of that patent, as interpreted by the person skilled in the art byin light of the description of the patent, on its filing datethe basis of that person’s general knowledge in the relevant field and of the the prior art at the filing date or priority date of the basic patent. This should not necessarily require that the active ingredient of the product be explicitly identified in the claims. Or, in the event of a combination product, this should not necessarily require that each of its active ingredients be explicitly identified in the claims provided that each of them is specifically identifiable in the light of all the information disclosed by that patent.
Amendment 70 #
2023/0127(COD)
Proposal for a regulation
Recital 17
Recital 17
(17) To avoid overprotection, it should be provided that no more than one certificate, whether national or unitary, may protect the same product in a Member State. Therefore it should be required that the product, or any therapeutically equivalent derivative such as salts, esters, ethers, isomers, mixtures of isomers, complexes or biosimilars, should not have already been the subject of a prior certificate, either alone or in combination with one or more additional active ingredients, whether for the same therapeutic indication or for a different one.
Amendment 70 #
2023/0127(COD)
Proposal for a regulation
Recital 17
Recital 17
(17) To avoid overprotection, it should be provided that no more than one certificate, whether national or unitary, may protect the same product in a Member State. Therefore it should be required that the product, or any therapeutically equivalent derivative such as salts, esters, ethers, isomers, mixtures of isomers, complexes or biosimilars, should not have already been the subject of a prior certificate, either alone or in combination with one or more additional active ingredients, whether for the same therapeutic indication or for a different one.
Amendment 73 #
2023/0127(COD)
Proposal for a regulation
Recital 20
Recital 20
(20) As a further measure to ensure that no more than one certificate may protect the same product in any Member State, the holder of more than one patent for the same product should not be granted more than one certificate for that product. However, where two patents protecting the product are held by two holders, one certificate for that product should be allowed to be granted to each of those holders, where they can demonstrate that they are not economically linkedpart of the same undertaking at the time of filing an application for a certificate. Furthermore, no certificate should be granted to the proprietor of a basic patent in respect of a product which is the subject of an authorisation held by a third party, without that party’s consent.
Amendment 73 #
2023/0127(COD)
Proposal for a regulation
Recital 20
Recital 20
(20) As a further measure to ensure that no more than one certificate may protect the same product in any Member State, the holder of more than one patent for the same product should not be granted more than one certificate for that product. However, where two patents protecting the product are held by two holders, one certificate for that product should be allowed to be granted to each of those holders, where they can demonstrate that they are not economically linkedpart of the same undertaking at the time of filing an application for a certificate. Furthermore, no certificate should be granted to the proprietor of a basic patent in respect of a product which is the subject of an authorisation held by a third party, without that party’s consent.
Amendment 75 #
2023/0127(COD)
Proposal for a regulation
Recital 21
Recital 21
(21) Where the marketing authorisation submitted in support of the application for a certificate for a biological medicinal product identifies that product by means of its International Nonproprietary Name (INN), the protection conferred by the certificate should extend to all therapeutically equivalentbiosimilar products having the same International Nonproprietary Name as the product referred to in the marketing authorisation, irrespective of possible minor differences between a subsequent biosimilar and the product authorised, which are usually unavoidable given the nature of biological products.
Amendment 75 #
2023/0127(COD)
Proposal for a regulation
Recital 21
Recital 21
(21) Where the marketing authorisation submitted in support of the application for a certificate for a biological medicinal product identifies that product by means of its International Nonproprietary Name (INN), the protection conferred by the certificate should extend to all therapeutically equivalentbiosimilar products having the same International Nonproprietary Name as the product referred to in the marketing authorisation, irrespective of possible minor differences between a subsequent biosimilar and the product authorised, which are usually unavoidable given the nature of biological products.
Amendment 77 #
2023/0127(COD)
Proposal for a regulation
Recital 22
Recital 22
(22) Regulation [COM(2023) 231] provides for an exception according to which, under narrowly defined circumstances and subject to various safeguards, the protection conferred by a national supplementary protection certificate for medicinal products does not extend to a product that would be manufactured in the Union by a person other than the holder of that certificate, where it is manufactured for the purpose of being exported to a third country, or of being stored in the Union in view of its entry into the Union market market where protection does not exist or has expired, or of being stored in a Member State for a defined period pending the expiry certificate in view of entering the market of any Member State upon expiry of the corresponding certificate. To avoid discrimination between applicants for certificates under Regulation [COM(2023) 231] and for unitary certificates under this Regulation, similar rights and limitations should be conferred by certificates under Regulation [COM(2023) 231] and by unitary certificates, and therefore that exception should also be available in respect of unitary certificates. The reasons for the introduction for the waiver and the conditions for its application should be applicable for unitary certificates.
Amendment 77 #
2023/0127(COD)
Proposal for a regulation
Recital 22
Recital 22
(22) Regulation [COM(2023) 231] provides for an exception according to which, under narrowly defined circumstances and subject to various safeguards, the protection conferred by a national supplementary protection certificate for medicinal products does not extend to a product that would be manufactured in the Union by a person other than the holder of that certificate, where it is manufactured for the purpose of being exported to a third country, or of being stored in the Union in view of its entry into the Union market market where protection does not exist or has expired, or of being stored in a Member State for a defined period pending the expiry certificate in view of entering the market of any Member State upon expiry of the corresponding certificate. To avoid discrimination between applicants for certificates under Regulation [COM(2023) 231] and for unitary certificates under this Regulation, similar rights and limitations should be conferred by certificates under Regulation [COM(2023) 231] and by unitary certificates, and therefore that exception should also be available in respect of unitary certificates. The reasons for the introduction for the waiver and the conditions for its application should be applicable for unitary certificates.
Amendment 79 #
2023/0127(COD)
Proposal for a regulation
Recital 25
Recital 25
(25) To guarantee a fair and transparent process, ensure legal certainty and reduce the risk of subsequent validity challenges, third parties should have the possibility, after the publication of the unitary certificate application, to submit within 3 months observations to the Office while the centralised examination is being performed. These third parties allowed to submit observations should also include Member States. This, however, should not affect the rights of third parties to initiate subsequent invalidity proceedings before the OfficeUnified Patent Court. These provisions are necessary to ensure involvement of third parties both before and after the grant of certificates.
Amendment 79 #
2023/0127(COD)
Proposal for a regulation
Recital 25
Recital 25
(25) To guarantee a fair and transparent process, ensure legal certainty and reduce the risk of subsequent validity challenges, third parties should have the possibility, after the publication of the unitary certificate application, to submit within 3 months observations to the Office while the centralised examination is being performed. These third parties allowed to submit observations should also include Member States. This, however, should not affect the rights of third parties to initiate subsequent invalidity proceedings before the OfficeUnified Patent Court. These provisions are necessary to ensure involvement of third parties both before and after the grant of certificates.
Amendment 80 #
2023/0127(COD)
Proposal for a regulation
Recital 26
Recital 26
(26) The examination of an application for a unitary certificate should be conducted, under supervision of the Office, by an examination panel including one member of the Office as well as two examiners employed by the national patent offices. This would ensure that optimal use be made of expertise in supplementary protection certificates and related patent matters, located today at national offices only. To ensure an optimal quality of the examination, the Office and the competent national authorities should make sure that designated examiners have the relevant expertise and sufficient experience in the assessment of supplementary protection certificates. Additional suitable criteria should be laid down in respect of the participation of specific examiners in the procedure, in particular as regards qualification and conflicts of interest.
Amendment 80 #
2023/0127(COD)
Proposal for a regulation
Recital 26
Recital 26
(26) The examination of an application for a unitary certificate should be conducted, under supervision of the Office, by an examination panel including one member of the Office as well as two examiners employed by the national patent offices. This would ensure that optimal use be made of expertise in supplementary protection certificates and related patent matters, located today at national offices only. To ensure an optimal quality of the examination, the Office and the competent national authorities should make sure that designated examiners have the relevant expertise and sufficient experience in the assessment of supplementary protection certificates. Additional suitable criteria should be laid down in respect of the participation of specific examiners in the procedure, in particular as regards qualification and conflicts of interest.
Amendment 82 #
2023/0127(COD)
Proposal for a regulation
Recital 26 a (new)
Recital 26 a (new)
(26 a) To guarantee an effective protection of innovation, in certain urgent situations, including where the expiry of the basic patent is imminent, an expedited examination procedure may be needed, notwithstanding the possibility for third parties to submit observations and other remedies provided under this Regulation. Therefore, a mechanism for applicants to request an expedited examination procedure should be foreseen.
Amendment 82 #
2023/0127(COD)
Proposal for a regulation
Recital 26 a (new)
Recital 26 a (new)
(26 a) To guarantee an effective protection of innovation, in certain urgent situations, including where the expiry of the basic patent is imminent, an expedited examination procedure may be needed, notwithstanding the possibility for third parties to submit observations and other remedies provided under this Regulation. Therefore, a mechanism for applicants to request an expedited examination procedure should be foreseen.
Amendment 83 #
2023/0127(COD)
Proposal for a regulation
Recital 28
Recital 28
Amendment 83 #
2023/0127(COD)
Proposal for a regulation
Recital 28
Recital 28
Amendment 84 #
2023/0127(COD)
Proposal for a regulation
Recital 29
Recital 29
(29) After the completion of the examination of a unitary certificate application, and after the time limits for appeal and opposition have expired, or, the case being, after a final decision on the merits has been issued, the Office should implement without undue delay the examination opinion by granting a unitary certificate or rejecting the application, as applicable.
Amendment 84 #
2023/0127(COD)
Proposal for a regulation
Recital 29
Recital 29
(29) After the completion of the examination of a unitary certificate application, and after the time limits for appeal and opposition have expired, or, the case being, after a final decision on the merits has been issued, the Office should implement without undue delay the examination opinion by granting a unitary certificate or rejecting the application, as applicable.
Amendment 85 #
2023/0127(COD)
Proposal for a regulation
Recital 30
Recital 30
(30) WTo safeguard procedural rights and ensure a complete system of remedies, where the applicant or another party is adversely affected by a decision of the Office, the applicant or that party should have the right, subject to a fee, to file within 2 months an appeal against the decision, before a Board of Appeal of the Office. This also applies to the examination opinion, that may be appealed by the applicant. Decisions of that Board of Appeal should, in turn, be amenable to actions before the General Court, which has jurisdiction to annul or to alter the contested decision. In case of a combined application including the designation of additional Member States with a view to the grant of national certificates, a common appeal may be filed.
Amendment 85 #
2023/0127(COD)
Proposal for a regulation
Recital 30
Recital 30
(30) WTo safeguard procedural rights and ensure a complete system of remedies, where the applicant or another party is adversely affected by a decision of the Office, the applicant or that party should have the right, subject to a fee, to file within 2 months an appeal against the decision, before a Board of Appeal of the Office. This also applies to the examination opinion, that may be appealed by the applicant. Decisions of that Board of Appeal should, in turn, be amenable to actions before the General Court, which has jurisdiction to annul or to alter the contested decision. In case of a combined application including the designation of additional Member States with a view to the grant of national certificates, a common appeal may be filed.
Amendment 87 #
2023/0127(COD)
Proposal for a regulation
Recital 31
Recital 31
(31) When appointing members of the Boards of Appeal in matters regarding applications for unitary certificates, their relevant expertise and sufficient prior experience in supplementary protection certificate or patent matters should be taken into account.
Amendment 87 #
2023/0127(COD)
Proposal for a regulation
Recital 31
Recital 31
(31) When appointing members of the Boards of Appeal in matters regarding applications for unitary certificates, their relevant expertise and sufficient prior experience in supplementary protection certificate or patent matters should be taken into account.
Amendment 88 #
2023/0127(COD)
Proposal for a regulation
Recital 32
Recital 32
(32) Any person may challenge the validity of a unitary certificate by lodging with the OfficeUnified Patent Court an application for a declaration of invalidity.
Amendment 88 #
2023/0127(COD)
Proposal for a regulation
Recital 32
Recital 32
(32) Any person may challenge the validity of a unitary certificate by lodging with the OfficeUnified Patent Court an application for a declaration of invalidity.
Amendment 90 #
2023/0127(COD)
Proposal for a regulation
Recital 33
Recital 33
(33) The Office should have the possibility to charge a fee for the application for a unitary certificate and for an application for the extension of duration of a unitary certificate in the case of paediatric medicinal products, as well as other procedural fees such as those for oppositions, appeals and invalidityappeals. The fees charged by the Office should be laid down by an implementing act.
Amendment 90 #
2023/0127(COD)
Proposal for a regulation
Recital 33
Recital 33
(33) The Office should have the possibility to charge a fee for the application for a unitary certificate and for an application for the extension of duration of a unitary certificate in the case of paediatric medicinal products, as well as other procedural fees such as those for oppositions, appeals and invalidityappeals. The fees charged by the Office should be laid down by an implementing act.
Amendment 95 #
2023/0127(COD)
Proposal for a regulation
Article 3 – paragraph 2 – subparagraph 2
Article 3 – paragraph 2 – subparagraph 2
Where two or more applications, whether national or centralised applications for certificates, or applications for unitary certificates, concerning the same product and submitted by two or more holders of different patents are pending in a given Member State, one certificate or unitary certificate for that product may be granted to each of those holders, where they are not economically linked, by a competent national authority or by the Office, as applicablepart of the same undertaking at the time of filing an application for a certificate, by a competent national authority or by the Office, as applicable. The same principle shall apply mutatis mutandis to applications submitted by the holder concerning the same product for which one or more certificates or unitary certificates have been previously granted to other different holders of different patents.
Amendment 95 #
2023/0127(COD)
Proposal for a regulation
Article 3 – paragraph 2 – subparagraph 2
Article 3 – paragraph 2 – subparagraph 2
Where two or more applications, whether national or centralised applications for certificates, or applications for unitary certificates, concerning the same product and submitted by two or more holders of different patents are pending in a given Member State, one certificate or unitary certificate for that product may be granted to each of those holders, where they are not economically linked, by a competent national authority or by the Office, as applicablepart of the same undertaking at the time of filing an application for a certificate, by a competent national authority or by the Office, as applicable. The same principle shall apply mutatis mutandis to applications submitted by the holder concerning the same product for which one or more certificates or unitary certificates have been previously granted to other different holders of different patents.
Amendment 107 #
2023/0127(COD)
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
If the application for a unitary certificate complies with Article 11(1), or if an application for an extension of the duration of a unitary certificate complies with Article 9(3), the Office shall publish the application in the Register without undue delay.
Amendment 107 #
2023/0127(COD)
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
If the application for a unitary certificate complies with Article 11(1), or if an application for an extension of the duration of a unitary certificate complies with Article 9(3), the Office shall publish the application in the Register without undue delay.
Amendment 110 #
2023/0127(COD)
Proposal for a regulation
Article 13 – paragraph 2
Article 13 – paragraph 2
2. Where the application for a unitary certificate and the product to which it relates comply with Article 3(1) for each of the Member States referred to in paragraph 1, the Office shall issue a reasoned positive examination opinion in respect of the grant of a unitary certificate. The Office shall notify that opinion to the applicant and publish it on the Register without undue delay.
Amendment 110 #
2023/0127(COD)
Proposal for a regulation
Article 13 – paragraph 2
Article 13 – paragraph 2
2. Where the application for a unitary certificate and the product to which it relates comply with Article 3(1) for each of the Member States referred to in paragraph 1, the Office shall issue a reasoned positive examination opinion in respect of the grant of a unitary certificate. The Office shall notify that opinion to the applicant and publish it on the Register without undue delay.
Amendment 116 #
2023/0127(COD)
Proposal for a regulation
Article 13 – paragraph 5 a (new)
Article 13 – paragraph 5 a (new)
5 a. The Office shall issue an examination opinion within 6 months after publication of the application for a unitary certificate. Without prejudice to Articles 14, 25 and 28 of this Regulation, whenever duly justified for reasons of urgency, the applicant may submit a request for an expedited procedure. Where the request for an expedited examination procedure is deemed justified, the Office shall issue an examination opinion within 4 months from the publication of the application for a unitary certificate.
Amendment 116 #
2023/0127(COD)
Proposal for a regulation
Article 13 – paragraph 5 a (new)
Article 13 – paragraph 5 a (new)
5 a. The Office shall issue an examination opinion within 6 months after publication of the application for a unitary certificate. Without prejudice to Articles 14, 25 and 28 of this Regulation, whenever duly justified for reasons of urgency, the applicant may submit a request for an expedited procedure. Where the request for an expedited examination procedure is deemed justified, the Office shall issue an examination opinion within 4 months from the publication of the application for a unitary certificate.
Amendment 120 #
2023/0127(COD)
Proposal for a regulation
Article 14 – paragraph 3 – subparagraph 1 (new)
Article 14 – paragraph 3 – subparagraph 1 (new)
Whenever the expedited procedure applies in accordance with to Article 13 (5a), observations shall be submitted within 1 month after publication of the application in the Register.
Amendment 120 #
2023/0127(COD)
Proposal for a regulation
Article 14 – paragraph 3 – subparagraph 1 (new)
Article 14 – paragraph 3 – subparagraph 1 (new)
Whenever the expedited procedure applies in accordance with to Article 13 (5a), observations shall be submitted within 1 month after publication of the application in the Register.
Amendment 121 #
Amendment 121 #
Amendment 136 #
2023/0127(COD)
Proposal for a regulation
Article 16 – paragraph 1
Article 16 – paragraph 1
1. On a request made to the Office, any competent national authority may be appointed by the Office as a participating office in the examination procedure. Once a competent national authority is appointed in accordance with this Article, that authority shall designate one or more examiners to be involved in the examination of one or more applications for unitary certificates, on the basis of their relevant expertise and experience in the field.
Amendment 136 #
2023/0127(COD)
Proposal for a regulation
Article 16 – paragraph 1
Article 16 – paragraph 1
1. On a request made to the Office, any competent national authority may be appointed by the Office as a participating office in the examination procedure. Once a competent national authority is appointed in accordance with this Article, that authority shall designate one or more examiners to be involved in the examination of one or more applications for unitary certificates, on the basis of their relevant expertise and experience in the field.
Amendment 138 #
2023/0127(COD)
Proposal for a regulation
Article 16 – paragraph 5
Article 16 – paragraph 5
5. Each competent national authority appointed under this Article shall provide the Office with a list identifying the individual examiners who are available for participation in examination, opposition and invalidity proceedings. Each such competent national authority shall update that list in the event of a change.
Amendment 138 #
2023/0127(COD)
Proposal for a regulation
Article 16 – paragraph 5
Article 16 – paragraph 5
5. Each competent national authority appointed under this Article shall provide the Office with a list identifying the individual examiners who are available for participation in examination, opposition and invalidity proceedings. Each such competent national authority shall update that list in the event of a change.
Amendment 139 #
2023/0127(COD)
Proposal for a regulation
Article 17 – paragraph 1
Article 17 – paragraph 1
1. The assessments under Articles 13, 15, 19 and 2319 shall be conducted by an examination panel including one member of the Office as well as two examiners as referred to in Article 16(1) from two different participating competent national authorities, under supervision of the Office.
Amendment 139 #
2023/0127(COD)
Proposal for a regulation
Article 17 – paragraph 1
Article 17 – paragraph 1
1. The assessments under Articles 13, 15, 19 and 2319 shall be conducted by an examination panel including one member of the Office as well as two examiners as referred to in Article 16(1) from two different participating competent national authorities, under supervision of the Office.
Amendment 143 #
2023/0127(COD)
Proposal for a regulation
Article 17 – paragraph 3 – point a a (new)
Article 17 – paragraph 3 – point a a (new)
(a a) relevant expertise and sufficient experience of the examiners, ensuring, in particular, that at least one of them has a minimum of 5 years of experience in patent and supplementary protection certificate examination;
Amendment 143 #
2023/0127(COD)
Proposal for a regulation
Article 17 – paragraph 3 – point a a (new)
Article 17 – paragraph 3 – point a a (new)
(a a) relevant expertise and sufficient experience of the examiners, ensuring, in particular, that at least one of them has a minimum of 5 years of experience in patent and supplementary protection certificate examination;
Amendment 145 #
2023/0127(COD)
Proposal for a regulation
Article 17 – paragraph 3 – point c
Article 17 – paragraph 3 – point c
(c) no more than one examiner employed by a competent national authority making use of the exemption set out in Article 10(5) of Regulation [COM(2023) 231].
Amendment 145 #
2023/0127(COD)
Proposal for a regulation
Article 17 – paragraph 3 – point c
Article 17 – paragraph 3 – point c
(c) no more than one examiner employed by a competent national authority making use of the exemption set out in Article 10(5) of Regulation [COM(2023) 231].
Amendment 146 #
2023/0127(COD)
Proposal for a regulation
Article 17 – paragraph 4
Article 17 – paragraph 4
4. The Office shall publish a yearly an overview of the number of procedures, including those for examination, opposition, appeal and invalidity and appeal, each competent national authority participated in.
Amendment 146 #
2023/0127(COD)
Proposal for a regulation
Article 17 – paragraph 4
Article 17 – paragraph 4
4. The Office shall publish a yearly an overview of the number of procedures, including those for examination, opposition, appeal and invalidity and appeal, each competent national authority participated in.
Amendment 149 #
2023/0127(COD)
Proposal for a regulation
Article 18 – paragraph 1 – introductory part
Article 18 – paragraph 1 – introductory part
Amendment 149 #
2023/0127(COD)
Proposal for a regulation
Article 18 – paragraph 1 – introductory part
Article 18 – paragraph 1 – introductory part
Amendment 150 #
2023/0127(COD)
Proposal for a regulation
Article 18 – paragraph 1 – subparagraph 1 (new)
Article 18 – paragraph 1 – subparagraph 1 (new)
The Office shall inform the applicant of its decision without undue delay.
Amendment 150 #
2023/0127(COD)
Proposal for a regulation
Article 18 – paragraph 1 – subparagraph 1 (new)
Article 18 – paragraph 1 – subparagraph 1 (new)
The Office shall inform the applicant of its decision without undue delay.
Amendment 158 #
2023/0127(COD)
Proposal for a regulation
Article 23 – title
Article 23 – title
Applicaction for a declaration of invalidity
Amendment 158 #
2023/0127(COD)
Proposal for a regulation
Article 23 – title
Article 23 – title
Applicaction for a declaration of invalidity
Amendment 159 #
2023/0127(COD)
Proposal for a regulation
Article 23 – paragraph 1
Article 23 – paragraph 1
1. Any person may file with the Office an applicabring an action for a declaration of invalidity of a unitary certificate before the Unified Patent Court.
Amendment 159 #
2023/0127(COD)
Proposal for a regulation
Article 23 – paragraph 1
Article 23 – paragraph 1
1. Any person may file with the Office an applicabring an action for a declaration of invalidity of a unitary certificate before the Unified Patent Court.
Amendment 160 #
2023/0127(COD)
Proposal for a regulation
Article 23 – paragraph 2 a (new)
Article 23 – paragraph 2 a (new)
2 a. When the decision taken on the action for declaration of invalidity becomes final, the Unified Patent Court shall without delay send a copy of the judgment to the Office. The Office or any other interested party may request information about such transmission. The Office shall mention the judgment in the Register and shall take the necessary measures to comply with its operative part.
Amendment 160 #
2023/0127(COD)
Proposal for a regulation
Article 23 – paragraph 2 a (new)
Article 23 – paragraph 2 a (new)
2 a. When the decision taken on the action for declaration of invalidity becomes final, the Unified Patent Court shall without delay send a copy of the judgment to the Office. The Office or any other interested party may request information about such transmission. The Office shall mention the judgment in the Register and shall take the necessary measures to comply with its operative part.
Amendment 161 #
2023/0127(COD)
Proposal for a regulation
Article 23 – paragraph 3
Article 23 – paragraph 3
Amendment 161 #
2023/0127(COD)
Proposal for a regulation
Article 23 – paragraph 3
Article 23 – paragraph 3
Amendment 163 #
2023/0127(COD)
Proposal for a regulation
Article 23 – paragraph 4
Article 23 – paragraph 4
Amendment 163 #
2023/0127(COD)
Proposal for a regulation
Article 23 – paragraph 4
Article 23 – paragraph 4
Amendment 164 #
2023/0127(COD)
Proposal for a regulation
Article 23 – paragraph 5
Article 23 – paragraph 5
Amendment 164 #
2023/0127(COD)
Proposal for a regulation
Article 23 – paragraph 5
Article 23 – paragraph 5
Amendment 165 #
2023/0127(COD)
Proposal for a regulation
Article 23 – paragraph 6
Article 23 – paragraph 6
Amendment 165 #
2023/0127(COD)
Proposal for a regulation
Article 23 – paragraph 6
Article 23 – paragraph 6
Amendment 166 #
2023/0127(COD)
Proposal for a regulation
Article 23 – paragraph 7
Article 23 – paragraph 7
Amendment 166 #
2023/0127(COD)
Proposal for a regulation
Article 23 – paragraph 7
Article 23 – paragraph 7
Amendment 167 #
2023/0127(COD)
Proposal for a regulation
Article 23 – paragraph 8
Article 23 – paragraph 8
Amendment 167 #
2023/0127(COD)
Proposal for a regulation
Article 23 – paragraph 8
Article 23 – paragraph 8
Amendment 168 #
2023/0127(COD)
Proposal for a regulation
Article 23 – paragraph 9
Article 23 – paragraph 9
Amendment 168 #
2023/0127(COD)
Proposal for a regulation
Article 23 – paragraph 9
Article 23 – paragraph 9
Amendment 169 #
2023/0127(COD)
Proposal for a regulation
Article 23 – paragraph 10
Article 23 – paragraph 10
Amendment 169 #
2023/0127(COD)
Proposal for a regulation
Article 23 – paragraph 10
Article 23 – paragraph 10
Amendment 170 #
2023/0127(COD)
Proposal for a regulation
Article 23 – paragraph 11
Article 23 – paragraph 11
Amendment 170 #
2023/0127(COD)
Proposal for a regulation
Article 23 – paragraph 11
Article 23 – paragraph 11
Amendment 171 #
2023/0127(COD)
Proposal for a regulation
Article 23 – paragraph 12
Article 23 – paragraph 12
12. To the extent that it has been declared invalid, the unitary certificate shall be deemed not to have had, as from the outset, the effects specified in this Regulation, to the extent that it has been declared invalid.
Amendment 171 #
2023/0127(COD)
Proposal for a regulation
Article 23 – paragraph 12
Article 23 – paragraph 12
12. To the extent that it has been declared invalid, the unitary certificate shall be deemed not to have had, as from the outset, the effects specified in this Regulation, to the extent that it has been declared invalid.
Amendment 172 #
2023/0127(COD)
Proposal for a regulation
Article 23 – paragraph 13
Article 23 – paragraph 13
Amendment 172 #
2023/0127(COD)
Proposal for a regulation
Article 23 – paragraph 13
Article 23 – paragraph 13
Amendment 175 #
2023/0127(COD)
Proposal for a regulation
Article 24 – paragraph 2
Article 24 – paragraph 2
2. The competent court of a Member State shall reject a counterclaim for a declaration of invalidity if a decision taken by the OfficeUnified Patent Court relating to the same subject matter and cause of action and involving the same parties has already become final.
Amendment 175 #
2023/0127(COD)
Proposal for a regulation
Article 24 – paragraph 2
Article 24 – paragraph 2
2. The competent court of a Member State shall reject a counterclaim for a declaration of invalidity if a decision taken by the OfficeUnified Patent Court relating to the same subject matter and cause of action and involving the same parties has already become final.
Amendment 176 #
2023/0127(COD)
Proposal for a regulation
Article 24 – paragraph 4
Article 24 – paragraph 4
4. The competent court of a Member State with which a counterclaim for a declaration of invalidity of the unitary certificate has been filed shall not proceed with the examination of the counterclaim, until either the interested party or the court has informed the OfficeUnified Patent Court of the date on which the counterclaim was filed. The Office shall record that information in the Register. If an applicaction for a declaration of invalidity of the unitary certificate had already been filinitiated before the OfficeUnified Patent Court before the counterclaim was filed, the court shall be informed thereof by the OfficeUnified Patent Court and stay the proceedings until the decision on the application is final ction brought before the application is withdrawnUnified Patent Court becomes final.
Amendment 176 #
2023/0127(COD)
Proposal for a regulation
Article 24 – paragraph 4
Article 24 – paragraph 4
4. The competent court of a Member State with which a counterclaim for a declaration of invalidity of the unitary certificate has been filed shall not proceed with the examination of the counterclaim, until either the interested party or the court has informed the OfficeUnified Patent Court of the date on which the counterclaim was filed. The Office shall record that information in the Register. If an applicaction for a declaration of invalidity of the unitary certificate had already been filinitiated before the OfficeUnified Patent Court before the counterclaim was filed, the court shall be informed thereof by the OfficeUnified Patent Court and stay the proceedings until the decision on the application is final ction brought before the application is withdrawnUnified Patent Court becomes final.
Amendment 177 #
2023/0127(COD)
Proposal for a regulation
Article 24 – paragraph 6
Article 24 – paragraph 6
Amendment 177 #
2023/0127(COD)
Proposal for a regulation
Article 24 – paragraph 6
Article 24 – paragraph 6
Amendment 181 #
2023/0127(COD)
Proposal for a regulation
Article 28 – paragraph 3
Article 28 – paragraph 3
3. Notice of appeal shall be filed in writing at the Office within 2 months of the date of notification of the decision. The notice shall be deemed to have been filed only when the fee for appeal has been paid. In case of an appeal, a written statement setting out the grounds of appeal shall be filed within 43 months of the date of notification of the decision.
Amendment 181 #
2023/0127(COD)
Proposal for a regulation
Article 28 – paragraph 3
Article 28 – paragraph 3
3. Notice of appeal shall be filed in writing at the Office within 2 months of the date of notification of the decision. The notice shall be deemed to have been filed only when the fee for appeal has been paid. In case of an appeal, a written statement setting out the grounds of appeal shall be filed within 43 months of the date of notification of the decision.
Amendment 182 #
2023/0127(COD)
Proposal for a regulation
Article 28 – paragraph 3 – subparagraph 1 (new)
Article 28 – paragraph 3 – subparagraph 1 (new)
Any written statement in reply to the grounds of appeal shall be filed within 3 months from the date of notification of the statement setting out the grounds of appeal. A date for oral hearing shall be set by the Office within 3 months after the filing of the reply to the grounds of appeal or within 6 months of the filing of grounds of appeal, whichever is earlier. A written decision of the Office shall be issued within 3 months after the date of the oral hearing.
Amendment 182 #
2023/0127(COD)
Proposal for a regulation
Article 28 – paragraph 3 – subparagraph 1 (new)
Article 28 – paragraph 3 – subparagraph 1 (new)
Any written statement in reply to the grounds of appeal shall be filed within 3 months from the date of notification of the statement setting out the grounds of appeal. A date for oral hearing shall be set by the Office within 3 months after the filing of the reply to the grounds of appeal or within 6 months of the filing of grounds of appeal, whichever is earlier. A written decision of the Office shall be issued within 3 months after the date of the oral hearing.
Amendment 188 #
2023/0127(COD)
Proposal for a regulation
Article 29 – paragraph 4
Article 29 – paragraph 4
4. Members of the Boards of Appeal in matters regarding unitary certificates shall be appointed in accordance with Article 166(5) of Regulation (EU) 2017/1001. When appointing members of the Boards of Appeal in matters regarding unitary certificates, their prior experience in supplementary protection certificate or patent matters should be taken into account.
Amendment 188 #
2023/0127(COD)
Proposal for a regulation
Article 29 – paragraph 4
Article 29 – paragraph 4
4. Members of the Boards of Appeal in matters regarding unitary certificates shall be appointed in accordance with Article 166(5) of Regulation (EU) 2017/1001. When appointing members of the Boards of Appeal in matters regarding unitary certificates, their prior experience in supplementary protection certificate or patent matters should be taken into account.
Amendment 189 #
2023/0127(COD)
Proposal for a regulation
Article 31 – paragraph 2
Article 31 – paragraph 2
2. The Office shall charge a fee for appeals, for oppositions, for applications for a declaration of invalidity and for conversions.
Amendment 189 #
2023/0127(COD)
Proposal for a regulation
Article 31 – paragraph 2
Article 31 – paragraph 2
2. The Office shall charge a fee for appeals, for oppositions, for applications for a declaration of invalidity and for conversions.
Amendment 199 #
2023/0127(COD)
Proposal for a regulation
Article 35 – paragraph 1 – point m
Article 35 – paragraph 1 – point m
Amendment 199 #
2023/0127(COD)
Proposal for a regulation
Article 35 – paragraph 1 – point m
Article 35 – paragraph 1 – point m
Amendment 213 #
2023/0127(COD)
Proposal for a regulation
Article 38 – paragraph 2 – subparagraph 2
Article 38 – paragraph 2 – subparagraph 2
An employee of a legal person may also represent other legal persons which are economically linked withpart of the same undertaking at the time of filing an application for a certificate as the legal person being represented by that employee.
Amendment 213 #
2023/0127(COD)
Proposal for a regulation
Article 38 – paragraph 2 – subparagraph 2
Article 38 – paragraph 2 – subparagraph 2
An employee of a legal person may also represent other legal persons which are economically linked withpart of the same undertaking at the time of filing an application for a certificate as the legal person being represented by that employee.
Amendment 214 #
2023/0127(COD)
Proposal for a regulation
Article 39 – paragraph 1 – point c
Article 39 – paragraph 1 – point c
Amendment 214 #
2023/0127(COD)
Proposal for a regulation
Article 39 – paragraph 1 – point c
Article 39 – paragraph 1 – point c
Amendment 215 #
2023/0127(COD)
Proposal for a regulation
Article 39 – paragraph 1 – point d
Article 39 – paragraph 1 – point d
Amendment 215 #
2023/0127(COD)
Proposal for a regulation
Article 39 – paragraph 1 – point d
Article 39 – paragraph 1 – point d
Amendment 218 #
2023/0127(COD)
Proposal for a regulation
Article 41 – paragraph 2
Article 41 – paragraph 2
2. Oral proceedings before an examination panel, opposition panel or invalidity panel shall not be public.
Amendment 218 #
2023/0127(COD)
Proposal for a regulation
Article 41 – paragraph 2
Article 41 – paragraph 2
2. Oral proceedings before an examination panel, opposition panel or invalidity panel shall not be public.
Amendment 222 #
2023/0127(COD)
Proposal for a regulation
Article 46 – paragraph 5
Article 46 – paragraph 5
5. This Article shall not be applicable to the time limits referred to in paragraph 2 of this Article, or in Article 15(1) and (3).
Amendment 222 #
2023/0127(COD)
Proposal for a regulation
Article 46 – paragraph 5
Article 46 – paragraph 5
5. This Article shall not be applicable to the time limits referred to in paragraph 2 of this Article, or in Article 15(1) and (3).
Amendment 223 #
2023/0127(COD)
Proposal for a regulation
Article 48 – paragraph 1
Article 48 – paragraph 1
1. The losing party in opposition proceedings and proceedings for a declaration of invalidity, including in related appeal proceedings, shall bear the fees paid by the other party. The losing party shall also bear all costs incurred by the other party that are essential to the proceedings, including travel and subsistence and the remuneration of a representative, within the maximum rates set for each category of costs in the implementing act to be adopted in accordance with paragraph 7. The fees to be borne by the losing party shall be limited to the fees paid by the other party in those proceedings.
Amendment 223 #
2023/0127(COD)
Proposal for a regulation
Article 48 – paragraph 1
Article 48 – paragraph 1
1. The losing party in opposition proceedings and proceedings for a declaration of invalidity, including in related appeal proceedings, shall bear the fees paid by the other party. The losing party shall also bear all costs incurred by the other party that are essential to the proceedings, including travel and subsistence and the remuneration of a representative, within the maximum rates set for each category of costs in the implementing act to be adopted in accordance with paragraph 7. The fees to be borne by the losing party shall be limited to the fees paid by the other party in those proceedings.
Amendment 224 #
2023/0127(COD)
Proposal for a regulation
Article 50 – paragraph 1 – point 1 – point b
Article 50 – paragraph 1 – point 1 – point b
Article 151 – paragraph 1
Article 151 – paragraph 1
(g) on the basis of requests for participation in the centralised examination procedure, and after giving the Commission an opportunity to comment on them, appointing, by concluding an agreement, those competent national authorities whose examiners will be able to participate in the centralised examination of centralised applications for certificates under Regulations [COM(2023) 231] and [COM(2023) 223], including opposition proceedings, and of applications for unitary certificates under Regulation [COM(2023) 222] and Regulation [COM(2023) 221], including opposition and invalidity proceedings;
Amendment 224 #
2023/0127(COD)
Proposal for a regulation
Article 50 – paragraph 1 – point 1 – point b
Article 50 – paragraph 1 – point 1 – point b
Article 151 – paragraph 1
Article 151 – paragraph 1
(g) on the basis of requests for participation in the centralised examination procedure, and after giving the Commission an opportunity to comment on them, appointing, by concluding an agreement, those competent national authorities whose examiners will be able to participate in the centralised examination of centralised applications for certificates under Regulations [COM(2023) 231] and [COM(2023) 223], including opposition proceedings, and of applications for unitary certificates under Regulation [COM(2023) 222] and Regulation [COM(2023) 221], including opposition and invalidity proceedings;
Amendment 225 #
2023/0127(COD)
Proposal for a regulation
Article 54 – paragraph 2
Article 54 – paragraph 2
2. The power to adopt delegated acts referred to in Articles 15(13), 23(13), 28(8), 30, 34(2), 41(4), 42(6), 43(4), 44(5) and 47(3) shall be conferred on the Commission for an indeterminate period of time from XXX [OP please insert the date = date of entry into force].
Amendment 225 #
2023/0127(COD)
Proposal for a regulation
Article 54 – paragraph 2
Article 54 – paragraph 2
2. The power to adopt delegated acts referred to in Articles 15(13), 23(13), 28(8), 30, 34(2), 41(4), 42(6), 43(4), 44(5) and 47(3) shall be conferred on the Commission for an indeterminate period of time from XXX [OP please insert the date = date of entry into force].
Amendment 226 #
2023/0127(COD)
Proposal for a regulation
Article 54 – paragraph 3
Article 54 – paragraph 3
3. The delegation of power referred to in Articles 15(13), 23(13), 28(8), 30, 34(2), 41(4), 42(6), 43(4), 44(5) and 47(3) may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect 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 226 #
2023/0127(COD)
Proposal for a regulation
Article 54 – paragraph 3
Article 54 – paragraph 3
3. The delegation of power referred to in Articles 15(13), 23(13), 28(8), 30, 34(2), 41(4), 42(6), 43(4), 44(5) and 47(3) may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect 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 227 #
2023/0127(COD)
Proposal for a regulation
Article 54 – paragraph 6
Article 54 – paragraph 6
6. A delegated act adopted pursuant to Article 15(13), 23(13), 28(8), 30, 34(2), 41(4), 42(6), 43(4), 44(5) or 47(3) shall enter into force only if no objection has been expressed either by the European Parliament or by the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.
Amendment 227 #
2023/0127(COD)
Proposal for a regulation
Article 54 – paragraph 6
Article 54 – paragraph 6
6. A delegated act adopted pursuant to Article 15(13), 23(13), 28(8), 30, 34(2), 41(4), 42(6), 43(4), 44(5) or 47(3) shall enter into force only if no objection has been expressed either by the European Parliament or by the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.
Amendment 26 #
2023/0126(COD)
Proposal for a regulation
Recital 2 a (new)
Recital 2 a (new)
(2 a) That situation leads to a lack of protection which penalises plant protection research and the competitiveness of the sector.
Amendment 26 #
2023/0126(COD)
Proposal for a regulation
Recital 2 a (new)
Recital 2 a (new)
(2 a) That situation leads to a lack of protection which penalises plant protection research and the competitiveness of the sector.
Amendment 27 #
2023/0126(COD)
Proposal for a regulation
Recital 14
Recital 14
(14) The fact that marketing authorisations in respect of a given plant protection product may be granted at different dates in different Member States would in many cases make the grant of a unitary certificate for a given plant protection product impossible, if it was required that authorisations must have been granted in all relevant Member States – i.e. those in which the basic patent has unitary effect – by the time of the filing of the application. An applicant should therefore be allowed to file an application for a unitary certificate where a marketing authorisations have been applied for in all relevant Member States, provids granted that such authorisations are granted before the end of the examination process – which for that reason should not be completed earlier than 18 months from the filing of the applicationleast in one Member State. Where no authorisation has been granted in a relevant Member State before the completion of the examination, the unitary certificate should not have any effect in respect of that Member State until a valid authorisation is granted in that Member State. However, that suspensory effect should be lifted where an outstanding authorisation is granted after the grant of the unitary certificate but – to ensure legal certainty – before the expiry of the basic patent, following a request to that end by the holder of the unitary certificate, subject to a verification of that request by the Office.
Amendment 27 #
2023/0126(COD)
Proposal for a regulation
Recital 14
Recital 14
(14) The fact that marketing authorisations in respect of a given plant protection product may be granted at different dates in different Member States would in many cases make the grant of a unitary certificate for a given plant protection product impossible, if it was required that authorisations must have been granted in all relevant Member States – i.e. those in which the basic patent has unitary effect – by the time of the filing of the application. An applicant should therefore be allowed to file an application for a unitary certificate where a marketing authorisations have been applied for in all relevant Member States, provids granted that such authorisations are granted before the end of the examination process – which for that reason should not be completed earlier than 18 months from the filing of the applicationleast in one Member State. Where no authorisation has been granted in a relevant Member State before the completion of the examination, the unitary certificate should not have any effect in respect of that Member State until a valid authorisation is granted in that Member State. However, that suspensory effect should be lifted where an outstanding authorisation is granted after the grant of the unitary certificate but – to ensure legal certainty – before the expiry of the basic patent, following a request to that end by the holder of the unitary certificate, subject to a verification of that request by the Office.
Amendment 28 #
2023/0126(COD)
Proposal for a regulation
Recital 17
Recital 17
(17) One of the conditions for the grant of a certificate should be that the product should be protected by the basic patent, in the sense that the product should fall within the scope of one or more claims of that patent, as interpreted by the person skilled in the art byin light of the description of the patent, on its filing datethe basis of that person’s general knowledge in the relevant field and of the the prior art at the filing date or priority date of the basic patent. This should not necessarily require that the active substance of the product be explicitly identified in the claims. Or, in the event of a preparation, this should not necessarily require that each of its active substances be explicitly identified in the claims, provided that each of them is specifically identifiable in the light of all the information disclosed by that patent.
Amendment 28 #
2023/0126(COD)
Proposal for a regulation
Recital 17
Recital 17
(17) One of the conditions for the grant of a certificate should be that the product should be protected by the basic patent, in the sense that the product should fall within the scope of one or more claims of that patent, as interpreted by the person skilled in the art byin light of the description of the patent, on its filing datethe basis of that person’s general knowledge in the relevant field and of the the prior art at the filing date or priority date of the basic patent. This should not necessarily require that the active substance of the product be explicitly identified in the claims. Or, in the event of a preparation, this should not necessarily require that each of its active substances be explicitly identified in the claims, provided that each of them is specifically identifiable in the light of all the information disclosed by that patent.
Amendment 29 #
2023/0126(COD)
Proposal for a regulation
Recital 18
Recital 18
(18) To avoid overprotection, it should be provided that no more than one certificate, whether national or unitary, may protect the same product in a Member State. Therefore it should be required that the product, or any derivative such as salts, esters, ethers, isomers, mixtures of isomers, or complexes, equivalent to the product from a phytosanitary perspective, should not have already been the subject of a prior certificate, either alone or in combination with one or more additional active ingredients, whether for the same application or for a different one.
Amendment 29 #
2023/0126(COD)
Proposal for a regulation
Recital 18
Recital 18
(18) To avoid overprotection, it should be provided that no more than one certificate, whether national or unitary, may protect the same product in a Member State. Therefore it should be required that the product, or any derivative such as salts, esters, ethers, isomers, mixtures of isomers, or complexes, equivalent to the product from a phytosanitary perspective, should not have already been the subject of a prior certificate, either alone or in combination with one or more additional active ingredients, whether for the same application or for a different one.
Amendment 30 #
2023/0126(COD)
Proposal for a regulation
Recital 21
Recital 21
(21) As a further measure to ensure that no more than one certificate may protect the same product in any Member State, the holder of more than one patent for the same product should not be granted more than one certificate for that product. However, where two patents protecting the product are held by two holders, one certificate for that product should be allowed to be granted to each of those holders, where they can demonstrate that they are not economically linkedpart of the same undertaking at the time of filing an application for a certificate. Furthermore, no certificate should be granted to the proprietor of a basic patent in respect of a product which is the subject of an authorisation held by a third party, without that party’s consent.
Amendment 30 #
2023/0126(COD)
Proposal for a regulation
Recital 21
Recital 21
(21) As a further measure to ensure that no more than one certificate may protect the same product in any Member State, the holder of more than one patent for the same product should not be granted more than one certificate for that product. However, where two patents protecting the product are held by two holders, one certificate for that product should be allowed to be granted to each of those holders, where they can demonstrate that they are not economically linkedpart of the same undertaking at the time of filing an application for a certificate. Furthermore, no certificate should be granted to the proprietor of a basic patent in respect of a product which is the subject of an authorisation held by a third party, without that party’s consent.
Amendment 31 #
2023/0126(COD)
Proposal for a regulation
Recital 24
Recital 24
(24) To guarantee a fair and transparent process, ensure legal certainty and reduce the risk of subsequent validity challenges, third parties should have the possibility, after the publication of the unitary certificate application, to submit within 3 months observations to the Office while the centralised examination is being performed. These third parties allowed to submit observations should also include Member States. This, however, should not affect the rights of third parties to initiate subsequent invalidity proceedings before the OfficeUnified Patent Court. These provisions are necessary to ensure involvement of third parties both before and after the grant of certificates.
Amendment 31 #
2023/0126(COD)
Proposal for a regulation
Recital 24
Recital 24
(24) To guarantee a fair and transparent process, ensure legal certainty and reduce the risk of subsequent validity challenges, third parties should have the possibility, after the publication of the unitary certificate application, to submit within 3 months observations to the Office while the centralised examination is being performed. These third parties allowed to submit observations should also include Member States. This, however, should not affect the rights of third parties to initiate subsequent invalidity proceedings before the OfficeUnified Patent Court. These provisions are necessary to ensure involvement of third parties both before and after the grant of certificates.
Amendment 32 #
2023/0126(COD)
Proposal for a regulation
Recital 25
Recital 25
(25) The examination of an application for a unitary certificate should be conducted, under supervision of the Office, by an examination panel including one member of the Office as well as two examiners employed by the national patent offices. This would ensure that optimal use be made of expertise in supplementary protection certificates and related patent matters, located today at national offices only. To ensure an optimal quality of the examination, and related patent matters, located today at national offices only. To ensure an optimal quality of the examination, the Office and the competent national authorities should make sure that designated examiners have the relevant expertise and sufficient experience in the assessment of supplementary protection certificates. Additional suitable criteria should be laid down in respect of the participation of specific examiners in the procedure, in particular as regards qualification and conflicts of interest.
Amendment 32 #
2023/0126(COD)
Proposal for a regulation
Recital 25
Recital 25
(25) The examination of an application for a unitary certificate should be conducted, under supervision of the Office, by an examination panel including one member of the Office as well as two examiners employed by the national patent offices. This would ensure that optimal use be made of expertise in supplementary protection certificates and related patent matters, located today at national offices only. To ensure an optimal quality of the examination, and related patent matters, located today at national offices only. To ensure an optimal quality of the examination, the Office and the competent national authorities should make sure that designated examiners have the relevant expertise and sufficient experience in the assessment of supplementary protection certificates. Additional suitable criteria should be laid down in respect of the participation of specific examiners in the procedure, in particular as regards qualification and conflicts of interest.
Amendment 33 #
2023/0126(COD)
Proposal for a regulation
Recital 27
Recital 27
Amendment 33 #
2023/0126(COD)
Proposal for a regulation
Recital 27
Recital 27
Amendment 34 #
2023/0126(COD)
Proposal for a regulation
Recital 28
Recital 28
(28) After the completion of the examination of a unitary certificate application, and after the time limits for appeal and opposition have expired, or, the case being, after a final decision on the merits has been issued, the Office should implement without undue delay the examination opinion by granting a unitary certificate or rejecting the application, as applicable.
Amendment 34 #
2023/0126(COD)
Proposal for a regulation
Recital 28
Recital 28
(28) After the completion of the examination of a unitary certificate application, and after the time limits for appeal and opposition have expired, or, the case being, after a final decision on the merits has been issued, the Office should implement without undue delay the examination opinion by granting a unitary certificate or rejecting the application, as applicable.
Amendment 35 #
2023/0126(COD)
Proposal for a regulation
Recital 29
Recital 29
(29) WTo safeguard procedural rights and ensure a complete system of remedies, where the applicant or another party is adversely affected by a decision of the Office, the applicant or that party should have the right, subject to a fee, to file within 2 months an appeal against the decision, before a Board of Appeal of the Office. This also applies to the examination opinion, that may be appealed by the applicant. Decisions of that Board of Appeal should, in turn, be amenable to actions before the General Court, which has jurisdiction to annul or to alter the contested decision. In case of a combined application including the designation of additional Member States with a view to the grant of national certificates, a common appeal may be filed.
Amendment 35 #
2023/0126(COD)
Proposal for a regulation
Recital 29
Recital 29
(29) WTo safeguard procedural rights and ensure a complete system of remedies, where the applicant or another party is adversely affected by a decision of the Office, the applicant or that party should have the right, subject to a fee, to file within 2 months an appeal against the decision, before a Board of Appeal of the Office. This also applies to the examination opinion, that may be appealed by the applicant. Decisions of that Board of Appeal should, in turn, be amenable to actions before the General Court, which has jurisdiction to annul or to alter the contested decision. In case of a combined application including the designation of additional Member States with a view to the grant of national certificates, a common appeal may be filed.
Amendment 37 #
2023/0126(COD)
Proposal for a regulation
Recital 30
Recital 30
(30) When appointing members of the Boards of Appeal in matters regarding applications for unitary certificates, their relevant expertise and sufficient prior experience in supplementary protection certificate or patent matters should be taken into account.
Amendment 37 #
2023/0126(COD)
Proposal for a regulation
Recital 30
Recital 30
(30) When appointing members of the Boards of Appeal in matters regarding applications for unitary certificates, their relevant expertise and sufficient prior experience in supplementary protection certificate or patent matters should be taken into account.
Amendment 38 #
2023/0126(COD)
Proposal for a regulation
Recital 31
Recital 31
(31) Any person may challenge the validity of a unitary certificate by lodging with the OfficeUnified Patent Court an application for a declaration of invalidity.
Amendment 38 #
2023/0126(COD)
Proposal for a regulation
Recital 31
Recital 31
(31) Any person may challenge the validity of a unitary certificate by lodging with the OfficeUnified Patent Court an application for a declaration of invalidity.
Amendment 39 #
2023/0126(COD)
Proposal for a regulation
Recital 32
Recital 32
(32) The Office should have the possibility to charge a fee for the application for a unitary certificate, as well as other procedural fees such as those for oppositions, appeals and invalidityappeals. The fees charged by the Office should be laid down by an implementing act.
Amendment 39 #
2023/0126(COD)
Proposal for a regulation
Recital 32
Recital 32
(32) The Office should have the possibility to charge a fee for the application for a unitary certificate, as well as other procedural fees such as those for oppositions, appeals and invalidityappeals. The fees charged by the Office should be laid down by an implementing act.
Amendment 40 #
2023/0126(COD)
Proposal for a regulation
Article 3 – paragraph 1 – introductory part
Article 3 – paragraph 1 – introductory part
1. A unitary certificate shall be granted by the Office on the basis of a basic patent if, in each of the Member States in which that basic patent has unitary effect, at the date of the application, all of the following conditions are fulfilled:
Amendment 40 #
2023/0126(COD)
Proposal for a regulation
Article 3 – paragraph 1 – introductory part
Article 3 – paragraph 1 – introductory part
1. A unitary certificate shall be granted by the Office on the basis of a basic patent if, in each of the Member States in which that basic patent has unitary effect, at the date of the application, all of the following conditions are fulfilled:
Amendment 41 #
2023/0126(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point a a (new)
Article 3 – paragraph 1 – point a a (new)
(a a) the product is approved in accordance with Article 4 of Regulation (EC) No 1107/2009;
Amendment 41 #
2023/0126(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point a a (new)
Article 3 – paragraph 1 – point a a (new)
(a a) the product is approved in accordance with Article 4 of Regulation (EC) No 1107/2009;
Amendment 42 #
2023/0126(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point b
Article 3 – paragraph 1 – point b
(b) a valid authorisation to place the product on the market as a plant protection product has been granted in accordance with Regulation (EC) No 1107/2009, in at least one of the Member States in which that basic patent has unitary effect;
Amendment 42 #
2023/0126(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point b
Article 3 – paragraph 1 – point b
(b) a valid authorisation to place the product on the market as a plant protection product has been granted in accordance with Regulation (EC) No 1107/2009, in at least one of the Member States in which that basic patent has unitary effect;
Amendment 43 #
2023/0126(COD)
Proposal for a regulation
Article 3 – paragraph 2 – subparagraph 2
Article 3 – paragraph 2 – subparagraph 2
Where two or more applications, whether national or centralised applications for certificates, or applications for unitary certificates, concerning the same product and submitted by two or more holders of different patents are pending for a given Member State, one certificate or unitary certificate for that product may be granted to each of those holders, where they are not economically linked, by a competent national authority or by the Office, as applicablepart of the same undertaking at the time of filing an application for a certificate, by a competent national authority or by the Office, as applicable. The same principle shall apply mutatis mutandis to applications submitted by the holder concerning the same product for which one or more certificates or unitary certificates have been previously granted to other different holders of different patents.
Amendment 43 #
2023/0126(COD)
Proposal for a regulation
Article 3 – paragraph 2 – subparagraph 2
Article 3 – paragraph 2 – subparagraph 2
Where two or more applications, whether national or centralised applications for certificates, or applications for unitary certificates, concerning the same product and submitted by two or more holders of different patents are pending for a given Member State, one certificate or unitary certificate for that product may be granted to each of those holders, where they are not economically linked, by a competent national authority or by the Office, as applicablepart of the same undertaking at the time of filing an application for a certificate, by a competent national authority or by the Office, as applicable. The same principle shall apply mutatis mutandis to applications submitted by the holder concerning the same product for which one or more certificates or unitary certificates have been previously granted to other different holders of different patents.
Amendment 44 #
2023/0126(COD)
Proposal for a regulation
Article 3 – paragraph 3
Article 3 – paragraph 3
Amendment 44 #
2023/0126(COD)
Proposal for a regulation
Article 3 – paragraph 3
Article 3 – paragraph 3
Amendment 45 #
2023/0126(COD)
Proposal for a regulation
Article 3 – paragraph 4
Article 3 – paragraph 4
Amendment 45 #
2023/0126(COD)
Proposal for a regulation
Article 3 – paragraph 4
Article 3 – paragraph 4
Amendment 46 #
2023/0126(COD)
Proposal for a regulation
Article 3 – paragraph 5 – subparagraph 1
Article 3 – paragraph 5 – subparagraph 1
Amendment 46 #
2023/0126(COD)
Proposal for a regulation
Article 3 – paragraph 5 – subparagraph 1
Article 3 – paragraph 5 – subparagraph 1
Amendment 47 #
2023/0126(COD)
Proposal for a regulation
Article 9 – paragraph 1 – point a – point iii a (new)
Article 9 – paragraph 1 – point a – point iii a (new)
(iii a) the number and date of the approval of the product, as referred to in Article 3(1), point (aa);
Amendment 47 #
2023/0126(COD)
Proposal for a regulation
Article 9 – paragraph 1 – point a – point iii a (new)
Article 9 – paragraph 1 – point a – point iii a (new)
(iii a) the number and date of the approval of the product, as referred to in Article 3(1), point (aa);
Amendment 49 #
2023/0126(COD)
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
If the application for a unitary certificate complies with Article 11(1), the Office shall publish the application in the Register without undue delay.
Amendment 49 #
2023/0126(COD)
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
If the application for a unitary certificate complies with Article 11(1), the Office shall publish the application in the Register without undue delay.
Amendment 50 #
2023/0126(COD)
Proposal for a regulation
Article 13 – paragraph 1
Article 13 – paragraph 1
1. The Office shall assess the application on the basis of all the conditions in Article 3(1), for all Member States in which the basic patent has unitary effect.
Amendment 50 #
2023/0126(COD)
Proposal for a regulation
Article 13 – paragraph 1
Article 13 – paragraph 1
1. The Office shall assess the application on the basis of all the conditions in Article 3(1), for all Member States in which the basic patent has unitary effect.
Amendment 51 #
2023/0126(COD)
Proposal for a regulation
Article 13 – paragraph 2
Article 13 – paragraph 2
2. Where the application for a unitary certificate and the product to which it relates comply with Article 3(1) for each of the Member States referred to in paragraph 1, the Office shall issue a reasoned positive examination opinion in respect of the grant of a unitary certificate. The Office shall notify that opinion to the applicant.
Amendment 51 #
2023/0126(COD)
Proposal for a regulation
Article 13 – paragraph 2
Article 13 – paragraph 2
2. Where the application for a unitary certificate and the product to which it relates comply with Article 3(1) for each of the Member States referred to in paragraph 1, the Office shall issue a reasoned positive examination opinion in respect of the grant of a unitary certificate. The Office shall notify that opinion to the applicant.
Amendment 52 #
2023/0126(COD)
Proposal for a regulation
Article 13 – paragraph 3
Article 13 – paragraph 3
3. Where the application for a unitary certificate and the product to which it relates does not comply with Article 3(1) in respect of one or more of those Member States, the Office shall issue a reasoned negative examination opinion on the grant of a unitary certificate. The Office shall notify that opinion to the applicant and publish it on the Register without undue delay.
Amendment 52 #
2023/0126(COD)
Proposal for a regulation
Article 13 – paragraph 3
Article 13 – paragraph 3
3. Where the application for a unitary certificate and the product to which it relates does not comply with Article 3(1) in respect of one or more of those Member States, the Office shall issue a reasoned negative examination opinion on the grant of a unitary certificate. The Office shall notify that opinion to the applicant and publish it on the Register without undue delay.
Amendment 53 #
Amendment 53 #
Amendment 54 #
2023/0126(COD)
Proposal for a regulation
Article 16 – paragraph 1
Article 16 – paragraph 1
1. On a request made to the Office, any competent national authority may be appointed by the Office as a participating office in the examination procedure. Once a competent national authority is appointed in accordance with this Article, that authority shall designate one or more examiners to be involved in the examination of one or more applications for unitary certificates on the basis of their relevant expertise and experience in the field.
Amendment 54 #
2023/0126(COD)
Proposal for a regulation
Article 16 – paragraph 1
Article 16 – paragraph 1
1. On a request made to the Office, any competent national authority may be appointed by the Office as a participating office in the examination procedure. Once a competent national authority is appointed in accordance with this Article, that authority shall designate one or more examiners to be involved in the examination of one or more applications for unitary certificates on the basis of their relevant expertise and experience in the field.
Amendment 56 #
2023/0126(COD)
Proposal for a regulation
Article 17 – paragraph 1
Article 17 – paragraph 1
1. The assessments under Articles 13, 15 and 22 shall be conducted by an examination panel including one member of the Office as well as two examiners as referred to in Article 16(1) from two different participating competent national authorities, under supervision of the Office.
Amendment 56 #
2023/0126(COD)
Proposal for a regulation
Article 17 – paragraph 1
Article 17 – paragraph 1
1. The assessments under Articles 13, 15 and 22 shall be conducted by an examination panel including one member of the Office as well as two examiners as referred to in Article 16(1) from two different participating competent national authorities, under supervision of the Office.
Amendment 58 #
2023/0126(COD)
Proposal for a regulation
Article 17 – paragraph 3 – point a a (new)
Article 17 – paragraph 3 – point a a (new)
(a a) relevant expertise and sufficient experience in the examination of patents and supplementary protection certificates, ensuring, in particular, that at least one of them has a minimum of 5 years of experience in patent and supplementary protection certificate examination;
Amendment 58 #
2023/0126(COD)
Proposal for a regulation
Article 17 – paragraph 3 – point a a (new)
Article 17 – paragraph 3 – point a a (new)
(a a) relevant expertise and sufficient experience in the examination of patents and supplementary protection certificates, ensuring, in particular, that at least one of them has a minimum of 5 years of experience in patent and supplementary protection certificate examination;
Amendment 60 #
2023/0126(COD)
Proposal for a regulation
Article 17 – paragraph 3 – point c
Article 17 – paragraph 3 – point c
(c) no more than one examiner employed by a competent national authority making use of the exemption set out in Article 10(5) of Regulation [COM(2023) 223].
Amendment 60 #
2023/0126(COD)
Proposal for a regulation
Article 17 – paragraph 3 – point c
Article 17 – paragraph 3 – point c
(c) no more than one examiner employed by a competent national authority making use of the exemption set out in Article 10(5) of Regulation [COM(2023) 223].
Amendment 61 #
2023/0126(COD)
Proposal for a regulation
Article 17 – paragraph 4
Article 17 – paragraph 4
4. The Office shall publish a yearly overview of the number of procedures, including those for examination, opposition, appeal and invalidity and appeal, each competent national authority participated in.
Amendment 61 #
2023/0126(COD)
Proposal for a regulation
Article 17 – paragraph 4
Article 17 – paragraph 4
4. The Office shall publish a yearly overview of the number of procedures, including those for examination, opposition, appeal and invalidity and appeal, each competent national authority participated in.
Amendment 63 #
2023/0126(COD)
Proposal for a regulation
Article 18 – paragraph 1 – introductory part
Article 18 – paragraph 1 – introductory part
Amendment 63 #
2023/0126(COD)
Proposal for a regulation
Article 18 – paragraph 1 – introductory part
Article 18 – paragraph 1 – introductory part
Amendment 64 #
2023/0126(COD)
Proposal for a regulation
Article 18 – paragraph 1 – subparagraph 1 (new)
Article 18 – paragraph 1 – subparagraph 1 (new)
The Office shall inform the applicant of its decision without undue delay.
Amendment 64 #
2023/0126(COD)
Proposal for a regulation
Article 18 – paragraph 1 – subparagraph 1 (new)
Article 18 – paragraph 1 – subparagraph 1 (new)
The Office shall inform the applicant of its decision without undue delay.
Amendment 65 #
2023/0126(COD)
Proposal for a regulation
Article 22 – paragraph 1
Article 22 – paragraph 1
1. Any person may file with the Office an applicabring an action for a declaration of invalidity of a unitary certificate before the Unified Patent Court.
Amendment 65 #
2023/0126(COD)
Proposal for a regulation
Article 22 – paragraph 1
Article 22 – paragraph 1
1. Any person may file with the Office an applicabring an action for a declaration of invalidity of a unitary certificate before the Unified Patent Court.
Amendment 66 #
2023/0126(COD)
Proposal for a regulation
Article 22 – paragraph 2 a (new)
Article 22 – paragraph 2 a (new)
2 a. When the decision taken on the action for declaration of invalidity becomes final, the Unified Patent Court shall without delay send a copy of the judgment to the Office. The Office or any other interested party may request information about such transmission. The Office shall mention the judgment in the Register and shall take the necessary measures to comply with its operative part.
Amendment 66 #
2023/0126(COD)
Proposal for a regulation
Article 22 – paragraph 2 a (new)
Article 22 – paragraph 2 a (new)
2 a. When the decision taken on the action for declaration of invalidity becomes final, the Unified Patent Court shall without delay send a copy of the judgment to the Office. The Office or any other interested party may request information about such transmission. The Office shall mention the judgment in the Register and shall take the necessary measures to comply with its operative part.
Amendment 67 #
2023/0126(COD)
Proposal for a regulation
Article 22 – paragraph 3
Article 22 – paragraph 3
Amendment 67 #
2023/0126(COD)
Proposal for a regulation
Article 22 – paragraph 3
Article 22 – paragraph 3
Amendment 68 #
2023/0126(COD)
Proposal for a regulation
Article 22 – paragraph 4
Article 22 – paragraph 4
Amendment 68 #
2023/0126(COD)
Proposal for a regulation
Article 22 – paragraph 4
Article 22 – paragraph 4
Amendment 69 #
2023/0126(COD)
Proposal for a regulation
Article 22 – paragraph 5
Article 22 – paragraph 5
Amendment 69 #
2023/0126(COD)
Proposal for a regulation
Article 22 – paragraph 5
Article 22 – paragraph 5
Amendment 70 #
2023/0126(COD)
Proposal for a regulation
Article 22 – paragraph 6
Article 22 – paragraph 6
Amendment 70 #
2023/0126(COD)
Proposal for a regulation
Article 22 – paragraph 6
Article 22 – paragraph 6
Amendment 71 #
2023/0126(COD)
Proposal for a regulation
Article 22 – paragraph 7
Article 22 – paragraph 7
Amendment 71 #
2023/0126(COD)
Proposal for a regulation
Article 22 – paragraph 7
Article 22 – paragraph 7
Amendment 72 #
2023/0126(COD)
Proposal for a regulation
Article 22 – paragraph 8
Article 22 – paragraph 8
Amendment 72 #
2023/0126(COD)
Proposal for a regulation
Article 22 – paragraph 8
Article 22 – paragraph 8
Amendment 73 #
2023/0126(COD)
Proposal for a regulation
Article 22 – paragraph 9
Article 22 – paragraph 9
Amendment 73 #
2023/0126(COD)
Proposal for a regulation
Article 22 – paragraph 9
Article 22 – paragraph 9
Amendment 74 #
2023/0126(COD)
Proposal for a regulation
Article 22 – paragraph 10
Article 22 – paragraph 10
Amendment 74 #
2023/0126(COD)
Proposal for a regulation
Article 22 – paragraph 10
Article 22 – paragraph 10
Amendment 75 #
2023/0126(COD)
Proposal for a regulation
Article 22 – paragraph 11
Article 22 – paragraph 11
Amendment 75 #
2023/0126(COD)
Proposal for a regulation
Article 22 – paragraph 11
Article 22 – paragraph 11
Amendment 76 #
2023/0126(COD)
Proposal for a regulation
Article 22 – paragraph 12
Article 22 – paragraph 12
12. To the extent that it has been declared invalid, the unitary certificate shall be deemed not to have had, as from the outset, the effects specified in this Regulation, to the extent that it has been declared invalid.
Amendment 76 #
2023/0126(COD)
Proposal for a regulation
Article 22 – paragraph 12
Article 22 – paragraph 12
12. To the extent that it has been declared invalid, the unitary certificate shall be deemed not to have had, as from the outset, the effects specified in this Regulation, to the extent that it has been declared invalid.
Amendment 77 #
2023/0126(COD)
Proposal for a regulation
Article 22 – paragraph 13
Article 22 – paragraph 13
Amendment 77 #
2023/0126(COD)
Proposal for a regulation
Article 22 – paragraph 13
Article 22 – paragraph 13
Amendment 78 #
2023/0126(COD)
Proposal for a regulation
Article 23 – paragraph 2
Article 23 – paragraph 2
2. The competent court of a Member State shall reject a counterclaim for a declaration of invalidity if a decision taken by the OfficeUnified Patent Court relating to the same subject matter and cause of action and involving the same parties has already become final.
Amendment 78 #
2023/0126(COD)
Proposal for a regulation
Article 23 – paragraph 2
Article 23 – paragraph 2
2. The competent court of a Member State shall reject a counterclaim for a declaration of invalidity if a decision taken by the OfficeUnified Patent Court relating to the same subject matter and cause of action and involving the same parties has already become final.
Amendment 79 #
2023/0126(COD)
Proposal for a regulation
Article 23 – paragraph 4
Article 23 – paragraph 4
4. The competent court of a Member State with which a counterclaim for a declaration of invalidity of the unitary certificate has been filed shall not proceed with the examination of the counterclaim, until either the interested party or the court has informed the OfficeUnified Patent Court of the date on which the counterclaim was filed. The Office shall record that information in the Register. If an applicaction for a declaration of invalidity of the unitary certificate had already been filinitiated before the OfficeUnified Patent Court before the counterclaim was filed, the court shall be informed thereof by the OfficeUnified Patent Court and stay the proceedings until the decision on the application is final ction brought before the application is withdrawnUnified Patent Court becomes final.
Amendment 79 #
2023/0126(COD)
Proposal for a regulation
Article 23 – paragraph 4
Article 23 – paragraph 4
4. The competent court of a Member State with which a counterclaim for a declaration of invalidity of the unitary certificate has been filed shall not proceed with the examination of the counterclaim, until either the interested party or the court has informed the OfficeUnified Patent Court of the date on which the counterclaim was filed. The Office shall record that information in the Register. If an applicaction for a declaration of invalidity of the unitary certificate had already been filinitiated before the OfficeUnified Patent Court before the counterclaim was filed, the court shall be informed thereof by the OfficeUnified Patent Court and stay the proceedings until the decision on the application is final ction brought before the application is withdrawnUnified Patent Court becomes final.
Amendment 80 #
2023/0126(COD)
Proposal for a regulation
Article 23 – paragraph 6
Article 23 – paragraph 6
Amendment 80 #
2023/0126(COD)
Proposal for a regulation
Article 23 – paragraph 6
Article 23 – paragraph 6
Amendment 81 #
2023/0126(COD)
Proposal for a regulation
Article 26 – paragraph 3
Article 26 – paragraph 3
3. Notice of appeal shall be filed in writing at the Office within 2 months of the date of notification of the decision. The notice shall be deemed to have been filed only when the fee for appeal has been paid. In case of an appeal, a written statement setting out the grounds of appeal shall be filed within 43 months of the date of notification of the decision.
Amendment 81 #
2023/0126(COD)
Proposal for a regulation
Article 26 – paragraph 3
Article 26 – paragraph 3
3. Notice of appeal shall be filed in writing at the Office within 2 months of the date of notification of the decision. The notice shall be deemed to have been filed only when the fee for appeal has been paid. In case of an appeal, a written statement setting out the grounds of appeal shall be filed within 43 months of the date of notification of the decision.
Amendment 82 #
2023/0126(COD)
Proposal for a regulation
Article 26 – paragraph 3 – subparagraph 1 (new)
Article 26 – paragraph 3 – subparagraph 1 (new)
Any written statement in reply to the grounds of appeal shall be filed within 3 months from the date of notification of the statement setting out the grounds of appeal. A date for oral hearing shall be set by the Office within 3 months after the filing of the reply to the grounds of appeal or within 6 months of the filing of grounds of appeal, whichever is earlier. A written decision of the Office shall be issued within 3 months after the date of the oral hearing.
Amendment 82 #
2023/0126(COD)
Proposal for a regulation
Article 26 – paragraph 3 – subparagraph 1 (new)
Article 26 – paragraph 3 – subparagraph 1 (new)
Any written statement in reply to the grounds of appeal shall be filed within 3 months from the date of notification of the statement setting out the grounds of appeal. A date for oral hearing shall be set by the Office within 3 months after the filing of the reply to the grounds of appeal or within 6 months of the filing of grounds of appeal, whichever is earlier. A written decision of the Office shall be issued within 3 months after the date of the oral hearing.
Amendment 84 #
2023/0126(COD)
Proposal for a regulation
Article 27 – paragraph 4
Article 27 – paragraph 4
4. Members of the Boards of Appeal in matters regarding unitary certificates shall be appointed in accordance with Article 166 (5) of Regulation (EU) 2017/1001. When appointing members of the Boards of Appeal in matters regarding unitary certificates, their prior experience in supplementary protection certificate or patent matters should be taken into account.
Amendment 84 #
2023/0126(COD)
Proposal for a regulation
Article 27 – paragraph 4
Article 27 – paragraph 4
4. Members of the Boards of Appeal in matters regarding unitary certificates shall be appointed in accordance with Article 166 (5) of Regulation (EU) 2017/1001. When appointing members of the Boards of Appeal in matters regarding unitary certificates, their prior experience in supplementary protection certificate or patent matters should be taken into account.
Amendment 85 #
2023/0126(COD)
Proposal for a regulation
Article 29 – paragraph 2
Article 29 – paragraph 2
2. The Office shall charge a fee for appeals, for oppositions, for applications for a declaration of invalidity and for conversions.
Amendment 85 #
2023/0126(COD)
Proposal for a regulation
Article 29 – paragraph 2
Article 29 – paragraph 2
2. The Office shall charge a fee for appeals, for oppositions, for applications for a declaration of invalidity and for conversions.
Amendment 87 #
2023/0126(COD)
Proposal for a regulation
Article 33 – paragraph 1 – point k
Article 33 – paragraph 1 – point k
Amendment 87 #
2023/0126(COD)
Proposal for a regulation
Article 33 – paragraph 1 – point k
Article 33 – paragraph 1 – point k
Amendment 88 #
2023/0126(COD)
Proposal for a regulation
Article 36 – paragraph 2 – subparagraph 2
Article 36 – paragraph 2 – subparagraph 2
An employee of a legal person may also represent other legal persons which are economically linked withpart of the same undertaking at the time of filing an application for a certificate as the legal person being represented by that employee.
Amendment 88 #
2023/0126(COD)
Proposal for a regulation
Article 36 – paragraph 2 – subparagraph 2
Article 36 – paragraph 2 – subparagraph 2
An employee of a legal person may also represent other legal persons which are economically linked withpart of the same undertaking at the time of filing an application for a certificate as the legal person being represented by that employee.
Amendment 89 #
2023/0126(COD)
Proposal for a regulation
Article 37 – paragraph 1 – point c
Article 37 – paragraph 1 – point c
Amendment 89 #
2023/0126(COD)
Proposal for a regulation
Article 37 – paragraph 1 – point c
Article 37 – paragraph 1 – point c
Amendment 90 #
2023/0126(COD)
Proposal for a regulation
Article 37 – paragraph 1 – point d
Article 37 – paragraph 1 – point d
Amendment 90 #
2023/0126(COD)
Proposal for a regulation
Article 37 – paragraph 1 – point d
Article 37 – paragraph 1 – point d
Amendment 91 #
2023/0126(COD)
Proposal for a regulation
Article 39 – paragraph 2
Article 39 – paragraph 2
2. Oral proceedings before an examination panel, opposition panel or invalidity panel shall not be public.
Amendment 91 #
2023/0126(COD)
Proposal for a regulation
Article 39 – paragraph 2
Article 39 – paragraph 2
2. Oral proceedings before an examination panel, opposition panel or invalidity panel shall not be public.
Amendment 93 #
2023/0126(COD)
Proposal for a regulation
Article 44 – paragraph 5
Article 44 – paragraph 5
5. This Article shall not be applicable to the time limits referred to in paragraph 2 of this Article, or in Article 15(1) and (3).
Amendment 93 #
2023/0126(COD)
Proposal for a regulation
Article 44 – paragraph 5
Article 44 – paragraph 5
5. This Article shall not be applicable to the time limits referred to in paragraph 2 of this Article, or in Article 15(1) and (3).
Amendment 94 #
2023/0126(COD)
Proposal for a regulation
Article 46 – paragraph 1
Article 46 – paragraph 1
1. The losing party in opposition proceedings and proceedings for a declaration of invalidity, including in related appeal proceedings, shall bear the fees paid by the other party. The losing party shall also bear all costs incurred by the other party that are essential to the proceedings, including travel and subsistence and the remuneration of a representative, within the maximum rates set for each category of costs in the implementing act to be adopted in accordance with paragraph 7. The fees to be borne by the losing party shall be limited to the fees paid by the other party in those proceedings.
Amendment 94 #
2023/0126(COD)
Proposal for a regulation
Article 46 – paragraph 1
Article 46 – paragraph 1
1. The losing party in opposition proceedings and proceedings for a declaration of invalidity, including in related appeal proceedings, shall bear the fees paid by the other party. The losing party shall also bear all costs incurred by the other party that are essential to the proceedings, including travel and subsistence and the remuneration of a representative, within the maximum rates set for each category of costs in the implementing act to be adopted in accordance with paragraph 7. The fees to be borne by the losing party shall be limited to the fees paid by the other party in those proceedings.
Amendment 95 #
2023/0126(COD)
Proposal for a regulation
Article 49 – paragraph 2
Article 49 – paragraph 2
2. The power to adopt delegated acts referred to in Articles 15(13), 22(13), 26(8), 28, 32(2), 39(4), 40(6), 41(4), 42(5) and 45(3) shall be conferred on the Commission for an indeterminate period of time from XXX [OP please insert the date = date of entry into force].
Amendment 95 #
2023/0126(COD)
Proposal for a regulation
Article 49 – paragraph 2
Article 49 – paragraph 2
2. The power to adopt delegated acts referred to in Articles 15(13), 22(13), 26(8), 28, 32(2), 39(4), 40(6), 41(4), 42(5) and 45(3) shall be conferred on the Commission for an indeterminate period of time from XXX [OP please insert the date = date of entry into force].
Amendment 96 #
2023/0126(COD)
Proposal for a regulation
Article 49 – paragraph 3
Article 49 – paragraph 3
3. The delegation of power referred to in Articles 15(13), 22(13), 26(8), 28, 32(2), 39(4), 40(6), 41(4), 42(5) and 45(3) may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect 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 96 #
2023/0126(COD)
Proposal for a regulation
Article 49 – paragraph 3
Article 49 – paragraph 3
3. The delegation of power referred to in Articles 15(13), 22(13), 26(8), 28, 32(2), 39(4), 40(6), 41(4), 42(5) and 45(3) may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect 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 97 #
2023/0126(COD)
Proposal for a regulation
Article 49 – paragraph 6
Article 49 – paragraph 6
6. A delegated act adopted pursuant to Articles 15(13), 22(13), 26(8), 28, 32(2), 39(4), 40(6), 41(4), 42(5) and 45(3) shall enter into force only if no objection has been expressed either by the European Parliament or by the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.
Amendment 97 #
2023/0126(COD)
Proposal for a regulation
Article 49 – paragraph 6
Article 49 – paragraph 6
6. A delegated act adopted pursuant to Articles 15(13), 22(13), 26(8), 28, 32(2), 39(4), 40(6), 41(4), 42(5) and 45(3) shall enter into force only if no objection has been expressed either by the European Parliament or by the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.
Amendment 10 #
2022/2204(INI)
Motion for a resolution
Citation 9
Citation 9
— having regard to UN Security Council Resolution 1244 (1999) of 10 June 1999, to the International Court of Justice (ICJ) Advisory Opinion of 22 July 2010 on the accordance with international law of the unilateral declaration of independence in respect of Kosovo, and to UN General Assembly Resolution 64/298 of 9 September 2010, which acknowledged the content of the ICJ opinion and welcomed the EU’s readiness to facilitate dialogue between Serbia and Kosovo,
Amendment 13 #
2022/2204(INI)
Motion for a resolution
Citation 10
Citation 10
— having regard to the first agreement on principles governing the normalisation of relations between the governments of Serbia and Kosovo of 19 April 2013, to the agreements of 25 August 2015, and to the ongoing EU- facilitated dialogue for the normalisation of relations,
Amendment 15 #
2022/2204(INI)
Motion for a resolution
Citation 11
Citation 11
— having regard to the agreement on free movement between the governments of Serbia and Kosovo of 27 August 2022, and to the agreement on licence plates of 23 November 2022,
Amendment 375 #
2022/2204(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Reiterates its full support for the EU Special Representative for the Belgrade-Pristina Dialogue; calls on Serbia and Kosovo to engage in this dialogue in good faith and in the spirit of compromise to achieve a comprehensive, legally binding agreement on the normalisation of their relations in accordance with international lawwith a view to the normalisation of their relations; calls for the full implementation of all the relevant agreements, including the establishment of the Association/Community of Serb- Majority Municipalities;
Amendment 1 #
2022/2201(INI)
Motion for a resolution
Citation 1
Citation 1
— having regard to the Stabilisation and Association Agreement between the European Union and the European Atomic Energy Community, of the one part, and Kosovo*, of the other part1 , which entered into force on 1 April 2016, _________________ 1 OJ L 71, 16.3.2016, p. 3. * This designation shall not be construed as a recognition of statehood and is without prejudice to the individual positions of the Member States on status, and is in line with UNSCR 1244/1999 and the ICJ Opinion on the Kosovo declaration of independence1a. _________________ 1 OJ L 71, 16.3.2016, p. 3. 1a This mention should be included in the title and applied throughtout the entire document
Amendment 12 #
2022/2201(INI)
Motion for a resolution
Citation 8
Citation 8
— having regard to UN Security Council Resolution 1244 of 10 June 1999, to the International Court of Justice (ICJ) Advisory Opinion of 22 July 2010 on the accordance with international law of the unilateral declaration of independence in respect of Kosovo, and to UN General Assembly Resolution 64/298 of 9 September 2010, which acknowledged the content of the ICJ opinion and welcomed the EU’s readiness to facilitate dialogue between Serbia and Kosovo,
Amendment 49 #
2022/2201(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
Amendment 61 #
2022/2201(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
Amendment 70 #
2022/2201(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
Amendment 85 #
2022/2201(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Takes note of the period of political stability following the 2021 elections and encourages Kosovo to make further efforts to address the challenges on its European path; underlines the fact that the pace of the accession process will depend on progress on the rule of law and fundamental rights and the normalisation of relations with Serbia;
Amendment 93 #
2022/2201(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
Amendment 119 #
2022/2201(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Reiterates its concern about Kosovo’s judiciary, which continues to be inefficient and vulnerable to undue interference; encourages the Kosovar authorities to improve the implementation of existing instruments to safeguard the independence of the justice system; welcomes the government’sKosovo commitment to following the Venice Commission’s opinion on the concept paper on the vetting of judges and prosecutors, in close cooperation with the EU;
Amendment 126 #
2022/2201(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Welcomes the positive steps taken towards reforming Kosovo’s public administration and encourages the governmentKosovo to intensify its efforts to create a professional, depoliticised and citizen- oriented civil service;
Amendment 157 #
2022/2201(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Encourages the governmentauthorities to enhance its cooperation with civil society on decision-making; stresses the importance of increasing accountability and transparency in relation to public funding for civil society organisations;
Amendment 170 #
2022/2201(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Welcomes the government’s approval of a draft law amending and supplementing the Criminal Code, which introduces tougher penalties for domestic violence, sexual harassment and rape;
Amendment 203 #
2022/2201(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Regrets the fact that the initiatives to involve the Serb community in Kosovo’s political, social and economic structures remain very limited; calls on the Governmentauthorities of Kosovo and the representatives of Kosovo Serbs to commit to genuine dialogue in order to increase mutual trust;
Amendment 212 #
2022/2201(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Reiterates its full support for the EU Special Representative for the Belgrade-Pristina Dialogue; calls on Kosovo and Serbia to engage in this dialogue in good faith and in the spirit of compromise to achieve a comprehensive, legally binding agreement on the normalisation of their relations, based on mutual recognition, in accordance with international lawnormalisation of their relations; calls for the full implementation of all the relevant agreements, including the establishment of the Association/Community of Serb- Majority Municipalities;
Amendment 268 #
2022/2201(INI)
Motion for a resolution
Paragraph 30
Paragraph 30
30. Calls on the governmentauthorities to improve the conditions for social dialogue and collective bargaining, and emphasises the importance of constructive and inclusive social dialogue in strengthening economic resilience and promoting social justice;
Amendment 271 #
2022/2201(INI)
Motion for a resolution
Paragraph 31
Paragraph 31
31. Urges the governmentauthorities to ensure better access to healthcare services and to speed up its work on the introduction of a universal health coverage scheme;
Amendment 285 #
2022/2201(INI)
Motion for a resolution
Paragraph 35
Paragraph 35
35. Stresses the importance of taking action to address the climate and environment emergency by reducing fossil fuel dependency; urges the governmentauthorities to implement the climate change strategy and the associated action plan;
Amendment 305 #
2022/2201(INI)
Motion for a resolution
Paragraph 40
Paragraph 40
40. Instructs its President to forward this resolution to the President of the European Council, the Commission, the Vice-President of the Commission / High Representative of the Union for Foreign Affairs and Security Policy, the governments and parliaments of the Member States and the President, Government and National Assembly of and to the relevant authorities in Kosovo.
Amendment 133 #
2022/2049(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Notes with deep regret that the post of the EU Special Envoy for the promotion of freedom of religion or belief outside the EU has remained vacant for more than a year; reiterates its and calls for the Council and the Commission to carry out a transparent and comprehensive assessment of the effectiveness and added value of the position of the Special Envoy as part of renewing and reinforcing its mandate,appointment of the new Envoy without further delay; reiterates its call for the Council and the Commission to provide the Special Envoy with adequate resources, and to adequately support the Special Envoy’s institutional mandate, capacity and duties; recalls that the Special Envoy’s duties should focus on promoting freedom of thought, conscience, religion and belief, and the rights to non-belief, apostasy and the espousal of atheistic views;
Amendment 295 #
2022/2049(INI)
Motion for a resolution
Paragraph 25 a (new)
Paragraph 25 a (new)
25 a. Reiterates that it condemns the practice of surrogacy, which undermines the human dignity of the woman since her body and its reproductive functions are used as a commodity; considers that the practice of gestational surrogacy which involves reproductive exploitation and use of the human body for financial or other gain, in particular in the case of vulnerable women in developing countries, shall be prohibited and treated as a matter of urgency in human rights instruments;
Amendment 296 #
2022/2049(INI)
Motion for a resolution
Paragraph 25 b (new)
Paragraph 25 b (new)
Amendment 297 #
2022/2049(INI)
Motion for a resolution
Paragraph 25 c (new)
Paragraph 25 c (new)
25 c. Calls on the Commission and the EU Special Representative for Human Rights to address the issue of forced marriage, including the phenomenon of underaged girls being forced to marry older men from outside their religion or belief, as a means of (re-)conversion from one religion or belief to another; condemns in strong terms any such use of forced marriage, house arrest, rape and other degrading treatment against women;
Amendment 390 #
2022/2049(INI)
Motion for a resolution
Paragraph 35 a (new)
Paragraph 35 a (new)
Amendment 62 #
2022/0402(CNS)
Proposal for a regulation
Recital 2
Recital 2
(2) This Regulation concerns the recognition in a Member State of the parenthood of a child as established in another Member State. It aims to protect the fundamental rights and other rights of children in matters concerning their parenthood in cross-border situations, including their right to an identity31 , to non-discrimination32 and to a private and family life33 , taking the best interests of the child as a primary consideration34 . This Regulation also aims to provide legal certainty and predictability and to reduce litigation costs and burden for families, national courts and other competent authorities in connection with proceedings for the recognition of parenthood in another Member State. To attain these aims, this Regulation should require Member States to recognise for all purposes the parenthood of a child as established in another Member State. _________________ 31 Article 8 of the UN Convention on the Rights of the Child. 32 Article 2 of the UN Convention on the Rights of the Child, Article 21 of the Charter of Fundamental Rights of the European Union. 33 Article 9 of the UN Convention on the Rights of the Child, Articles 7 and 24 of the Charter of Fundamental Rights of the European Union. 34 Article 3 of the UN Convention on the Rights of the Child, Article 24 of the Charter of Fundamental Rights of the European Union.
Amendment 64 #
2022/0402(CNS)
Proposal for a regulation
Recital 5
Recital 5
(5) Under the Treaties, the competence to adopt substantive rules on family law, such as rules on the definition of family and rules on the establishment of the parenthood of a child, lies with the Member States. However, pursuant to Article 81(3) TFEU, the Union can adopt measures concerning family law with cross-border implications, in particular rules on international jurisdiction, on applicable law and on the recognition of parenthood. In accordance with Article 67(1) TFEU the relevant legislation shall respect fundamental rights and the different legal systems of the Member States.
Amendment 88 #
2022/0402(CNS)
Proposal for a regulation
Recital 18
Recital 18
(18) Article 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms of 4 November 1950 (‘European Convention of Human Rights’) lays down the right to respect for private and family life, while Article 1 of Protocol No. 12 to the said Convention provides that the enjoyment of any right set forth by law must be secured without discrimination on any ground, including birth. The Grand Chamber of the European Court of Human Rights has interpreted Article 8 of the Convention as requiring all States within its jurisdiction to recognise the legalrecognised, in the only case on which it had to rule, Paradiso and Campanelli v Italy (ECHR, 24 January 2017, n° 25358/12), the right of a Member State to not recognise a parenthood established abroad to the orderer of a surrogacy contract. Member States are not required to register the details of the birth certificate of a child born via surrogacy abroad in order to establish the parent- child legal relationship established abroad between a child borwith the orderer mother. The jurisprudence of the European Court of surrogacy and the biological intended parent, and to provide for a mechanism for the recognition in law of the parent- child relationship with the non-biological intended parent (for example through the adoption of the child)54 . _________________ 54 For example, Mennesson v. France (Application no 65192/11, Council of Europe: European Court of Human Rights, 26 June 2014) and Advisory Opinion P16-2018-001 (Request no. P16- 2018-001, Council of Europe: European Court of Human Rights, 10 April 2019)Human Rights, without prejudice to the need for States to identify ways to ensure the protection of the child interest in the legal recognition of the link with those who de facto exercise parental responsibility, has recognised to the States a margin of discretion in identifying the ways in which to formalise the relationship with the orderer of a surrogacy contract. This orientation does not prevent the solution of the non-registration of the foreign document that recognises the parenthood to both the members of the couple that resorted to surrogacy abroad. With regard to the solution of adoption, the European Court of Human Rights has underlined that it can be considered sufficient to guarantee the protection of the rights of minors to the extent that it is capable of constituting a link of real "filiation" between adopter and adopted, and on condition that the modalities provided for by domestic law guarantee the effectiveness and speediness of its implementation, in accordance with the best interest of the child.
Amendment 98 #
2022/0402(CNS)
Proposal for a regulation
Recital 21
Recital 21
(21) In conformity with the provisions of international conventions and Union law, this Regulation should ensure that children enjoy their rights and maintain their legal status in cross-border situations without discrimination. To that effect, and in the light of the case law of the Court of Justice, including on mutual trust between Member States, and of the European Court on Human Rights, this Regulation should cover the recognition in a Member State of the parenthood established in another Member State irrespective of how the child was conceived or born and irrespective of the child’s type of family, and, including domestic adoption. Therefore, subject to the application of the rules on applicable law of this Regulation, this Regulation should cover the recognition in a Member State of the parenthood established in another Member State of a child with same-sex parents. This Regulation should also cover the recognition in a Member State of the parenthood of a child adopted domestically in another Member State under the rules governing domestic adoption in that Member State.
Amendment 110 #
2022/0402(CNS)
Proposal for a regulation
Recital 24
Recital 24
(24) For the purposes of this Regulation, parenthood, also referred to as filiation, may be biologic, genetic, by adoption or by operation of law. Also for the purposes of this Regulation, parenthood should mean the parent-child relationship established in law, and should cover the legal status of being the child of a particular parent or parents. This Regulation should cover the parenthood established in a Member State of both minors and adults, including a deceased child and a child not yet born, whether to a single parent, a de facto couple, a married couple or a couple in a relationship which, under the law applicable to such relationship, has comparable effects, such as a registered partnership. This Regulation should apply regardless of the nationality of the child whose parenthood is to be established, and regardless of the nationality of the parents of the child. The term ‘parent’ in this Regulation should be understood, as applicable, as referring to the legal parent, the intended parent, the person who claims to be a parent or the person in respect of whom the child claims parenthoodwhich means the person to which a child has a legally established link of filiation, may it be biologic, genetic, by adoption or by operation of law.
Amendment 127 #
2022/0402(CNS)
Proposal for a regulation
Recital 31
Recital 31
(31) The requirements for the recording of parenthood in a register should be excluded from the scope of this Regulation. It should therefore be the law of the Member State in which the register is kept that should determine under what legal conditions and how the recording must be carried out, and which authorities are in charge of checking that all requirements are met and that the documentation presented or established is sufficient or contains the necessary information. In order to avoid duplication of documents, the national registration authorities should accept the documents drawn up in another Member State by the competent authorities whose circulation is provided for by this Regulation. In particular, the European Certificate of Parenthood issued under this Regulation should constitute a valid document for the recording of parenthood in a register of a Member State. As the procedure for the issuance of the European Certificate of Parenthood and its contents and effects should be uniform in all Member States as set out in this Regulation, and the European Certificate of Parenthood should be issued in conformity with the rules on jurisdiction and applicable law laid down in this Regulation, the authorities involved in the registration should not require that the European Certificate of Parenthood be first transposed into a national document on parenthood. This should not preclude the authorities involved in the registration from confirming the conditions necessary to establish the authenticity of the European Certificate of Parenthood or from asking the person applying for registration to provide such additional information as required under the law of the Member State in which the register is kept, provided that information is not already included in the European Certificate of Parenthood. The competent authority may indicate to the person applying for registration how the missing information can be provided. The effects of recording the parenthood in a register (for example, depending on the national law, whether registration establishes parenthood or only provides evidence of the parenthood already established) should also be excluded from the scope of this Regulation and be determined by the law of the Member State in which the register is kept.
Amendment 145 #
2022/0402(CNS)
Proposal for a regulation
Recital 38
Recital 38
(38) This Regulation shouldall respect the different systems for dealing with parenthood matters in the Member States. As regards 'authentic instruments', Member States often empower authorities, such as notaries, administrative authorities or registrars to draw up authentic instruments establishing parenthood with binding legal effect in the Member State in which they have been drawn up or registered (‘authentic instruments with binding legal effect’), or to draw up authentic instruments which have no binding legal effect in the Member State in which they have been drawn up or registered but which have evidentiary effects in that Member State (‘authentic instruments with no binding legal effect’). The term 'empowerment' in this Regulation is to be interpreted autonomously in accordance with the definition of 'authentic instrument' used horizontally in Union instruments and in the light of the objectives of this Regulation.
Amendment 180 #
2022/0402(CNS)
Proposal for a regulation
Recital 56
Recital 56
(56) Considerations of public interest should allow courts and other competent authorities establishing parenthood in the Member States to disregard, in exceptional circumstances, certain provisions of a foreign law where, in a given case, applying such provisions would be manifestly incompatible with the public policy (ordre public) of the Member State concerned. However, the courts or other competent authorities should not be able to apply the public policy exception in order to set aside the law of another State when doing so would be contrary to the Charter and, in particular, Article 21 thereof, which prohibits discrimination, while complying with the Charter of Fundamental Rights of the EU.
Amendment 201 #
2022/0402(CNS)
Proposal for a regulation
Recital 67
Recital 67
(67) The recognition in a Member State under this Regulation of a court decision establishing parenthood given in another Member State, or of an authentic instrument establishing parenthood with binding legal effect drawn up or registered in another Member State, shouldall not imply the recognition of the possible marriage or registered partnership of the parents of the child whose parenthood has been or is to be established.
Amendment 221 #
2022/0402(CNS)
Proposal for a regulation
Recital 75
Recital 75
(75) Considerations of public interest should allow Member State courts or other competent authorities to refuse, in exceptional circumstances, to recognise or, as the case may be, accept a court decision or authentic instrument on the parenthood established in another Member State where, in a given case, such recognition or acceptance would be manifestly incompatible with the public policy (ordre public) of the Member State concerned. However, the courts or other competent authorities should not be able to refuse to recognise or, as the case may be, accept a court decision or an authentic instrument issued in another Member State when doing so would be contrary to the Charter and, in particular, Article 21 thereof, which prohibits discrimination, while complying with the Charter of Fundamental Rights of the EU.
Amendment 259 #
2022/0402(CNS)
Proposal for a regulation
Recital 90
Recital 90
(90) This Regulation respects the fundamental rights and observes the principles recognised in the Charter. In particular, this Regulation seeks to promote the application of Article 7 on everyone’s right to respect for their private and family life, Article 9 on the right to marry and right to found a family, Article 21 prohibiting discrimination, and Article 24 on the protection of the rights of the child.
Amendment 275 #
2022/0402(CNS)
Proposal for a regulation
Article 2 – paragraph 1
Article 2 – paragraph 1
1. This Regulation shall not affect the rights that a child derives from Union law, in particular the rights that a child enjoys under Union law on free movement, including Directive 2004/38/EC. In particular, tThis Regulation shall not affect the limitations relating to the use ofpreclude the Member States from using public policy as a justification to refuse the recognition of parenthood where, under Union law on free movement, Member States are obliged to recognise a document establishing a parent-child relationship issued by the authorities of another Member State for the purposes of rights derived from Union law.
Amendment 276 #
2022/0402(CNS)
Proposal for a regulation
Article 2 – paragraph 1 a (new)
Article 2 – paragraph 1 a (new)
1a. Nothing in this Regulation can be interpreted as obliging a Member State to accept the practice of surrogacy, or any of its legal consequences.
Amendment 285 #
2022/0402(CNS)
2a. (j) the recognition of parenthood of orderers in a surrogacy contract, of children born of surrogacy.
Amendment 328 #
2022/0402(CNS)
Proposal for a regulation
Article 17 – paragraph 1
Article 17 – paragraph 1
1. The law applicable to the establishment of parenthood shall be the national law of the Statechild ofr the habitual residence of the person giving birth at the time of birth or, where the habitual residence of the person giving birth at the time of birth cannot be determined, the law oflaw of the State of which one of the parents is a citizen at the Stattime of birth of the child.
Amendment 330 #
2022/0402(CNS)
Proposal for a regulation
Article 17 – paragraph 2
Article 17 – paragraph 2
Amendment 383 #
2022/0402(CNS)
Proposal for a regulation
Article 31 – paragraph 1 a (new)
Article 31 – paragraph 1 a (new)
Amendment 427 #
2022/0402(CNS)
Proposal for a regulation
Article 39 – paragraph 1 a (new)
Article 39 – paragraph 1 a (new)
1a. (f) if the recognition of parenthood induces the tolerance or acceptance of a contract, usually called surrogacy, through which a natural or legal person agrees with a woman that she will carry a child for the purpose of handing it upon birth, or any consequences of such a contract.
Amendment 176 #
2022/0278(COD)
Proposal for a regulation
Title 1
Title 1
Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL establishing a Single Market emergency instrument and repealamending Council Regulation No (EC) 2679/98 (Text with EEA relevance)
Amendment 967 #
2022/0278(COD)
Proposal for a regulation
Article 45 – paragraph 1
Article 45 – paragraph 1
Council Regulation (EC) 2679/98 is repealed with effect from [date]. amended as follows: 1. Whereas the Single Markey emergency mode has been activated pursuant to article 14 of Regulation xxx/2023 (Single Market Instrument Regulation), articles 3, 4 and 5 of this regulation shall cease to apply for the duration pof that mode. 2. The previous paragraph is without prejudice to any obligation resulting from a threat prior to the emergency mode being activated.
Amendment 1153 #
2022/0155(COD)
Proposal for a regulation
Article 10 – paragraph 3 – point d
Article 10 – paragraph 3 – point d
(d) sufficiently reliable, in that they limit to the maximum extent possible the rate of errors regarding the detection. , with special attention to avoid deviations and bias with proper testing and training of algorithms and models where applicable.
Amendment 1703 #
2022/0155(COD)
Proposal for a regulation
Article 50 – paragraph 1 – subparagraph 3
Article 50 – paragraph 1 – subparagraph 3
Before including specific technologies on those lists, the EU Centre shall request the opinions of its Technology Committee and Victims’ Consultative Forum, and, upon request of the European Commission, the opinion of the European Data Protection Board. The Technology Committee and the European Data Protection Board shall deliver their respective opinions within eight weeks. That period may be extended by a further six weeks where necessary, taking into account the complexity of the subject matter. The Technology Committee and the European Data Protection Board shall inform the EU Centre of any such extension within one month of receipt of the request for consultation, together with the reasons for the delay. Where the EU Centre substantially deviates from those opinions, it shall inform the Technology Committee, the Victims' Consultative Forum, or the European Data Protection Board and the Commission thereof, specifying the points where it deviated and the main reasons for that deviation.
Amendment 231 #
2022/0140(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) Natural persons may not want to allow access to some parts of their personal electronic health data while enabling access to other parts. Such selective sharing of personal electronic health data should be supported. However, such restrictions may have life threatening consequences and, therefore, access to personal electronic health data should be possible to protect vital interests as an emergency override. According to Regulation (EU) 2016/679, vital interests refer to situations in which it is necessary to protect an interest which is essential for the life of the data subject or that of another natural person. Processing of personal electronic health data based on the vital interest of another natural person should in principle take place only where the processing cannot be manifestly based on another legal basis. More specific legal provisions on the mechanisms of restrictions placed by the natural person on parts of their personal electronic health data should be provided by Member States in national law. Because the unavailability of the restricted personal electronic health data may impact the provision or quality of health services provided to the natural person, he/she should assume responsibility for the fact that the healthcare provider cannot take the data into account when providing health services. In this sense, health professionals will be able to know that they are not endowed with entire access to electronic health records, a consideration they shall take into account when dealing with patients.
Amendment 264 #
2022/0140(COD)
Proposal for a regulation
Recital 21
Recital 21
(21) Under Article 168 of the Treaty Member States are responsible for their health policy, in particular for decisions on the services (including telemedicine) that they provide and reimburse. Different reimbursement policies should, however, not constitute barriers to the free movement of digital health services such as telemedicine, including online pharmacy services. When digital services accompany the physical provision of a healthcare service, the digital service should be included in the overall care provision.
Amendment 342 #
2022/0140(COD)
Proposal for a regulation
Recital 39 a (new)
Recital 39 a (new)
(39 a) A relationship of trust between patients and health or care providers is a paramount element of the provision of health or social care or treatment. It is within that delicate context that the patient and/or the legitimate legal representative of the patient should have a say in the processing of their health data for secondary use. It is necessary to empower patients - data subjects - by giving them the possibility to restrict full or partial access to their personal health data for secondary use. Moreover, it is imperative to provide them with the sufficient information regarding this possibility. Therefore, an opt-out option for the patients and/or the legitimate legal representative of the patient for secondary use of their electronic health data should be envisaged, as the purpose of the secondary processing causes the patient's individual interests to prevail over the general interest of society.
Amendment 439 #
2022/0140(COD)
Proposal for a regulation
Recital 63
Recital 63
(63) The use of funds should also contribute to attaining the objectives of the EHDS. Public procurers, national competent authorities in the Member States, including digital health authorities and health data access bodies, as well as the Commission should make references to applicable technical specifications, standards and profiles on interoperability, security and data quality, as well as other requirements developed under this Regulation when defining the conditions for public procurement, calls for proposals and allocation of Union funds, including structural and cohesion funds. EU funds must be distributed adequately and sufficiently among the Member States, ensuring its well-endowment and taking into account different levels of health system digitalisation and the costs involved in making national data infrastructures interoperable and compatible with the requirements of the EHDS.
Amendment 442 #
2022/0140(COD)
Proposal for a regulation
Recital 63 a (new)
Recital 63 a (new)
(63 a) The initial Union funding to achieve a timely application of the EHDS is limited to what can be mobilised under the 2021-2027 Multiannual Financial Framework (MFF) where 220 million EUR can be made available under the EU4Health and Digital Europe programmes. The successful and coherent application of the EHDS across all Member States will however require a higher funding. The implementation of the EHDS requires appropriate investments in capacity bulding and training and a well-funded commitment to public consultation and engagement. The Commission should therefore mobilise further resources for the EHDS as part of the review of the 2021-2027 MFF and for the forthcoming MFF under the principle that new initiatives should be matched with new funding.
Amendment 445 #
2022/0140(COD)
Proposal for a regulation
Recital 64
Recital 64
(64) Certain categories of electronic health data can remain particularly sensitive even when they are in anonymised format and thus non-personal, as already specifically foreseen in the Data Governance Act. Even in situations of the use of state of the art anonymization techniques, there remains a residual risk that the capacity to re-identify could be or become available, beyond the means reasonably likely to be used. Such residual risk is present in relation to rare diseases (a life-threatening or chronically debilitating condition affecting not more than five in 10 thousand persons in the Union), where the limited numbers of case reduce the possibility to fully aggregate the published data in order to preserve the privacy of natural persons while also maintaining an appropriate level of granularity in order to remain meaningful. It can affect different types of health data depending on the level of granularity and description of the characteristics of data subjects, the number of people affected or and for instance in cases of data included in electronic health records, disease registries, biobanks, person generated data etc. where the identification characteristics are broader and where, in combination with other information (e.g. in very small geographical areas) or through the technological evolution of methods which had not been available at the moment of anonymisation, can lead to the re- identification of the data subjects using means that are beyond those reasonably likely to be used. The realisation of such risk of re-identification of natural persons would present a major concern and is likely to put the acceptance of the policy and rules on secondary use provided for in this Regulation at risk. Furthermore, aggregation techniques are less tested for non-personal data containing for example trade secrets, as in the reporting on clinical trials, and enforcement of breaches of trade secrets outside the Union is more difficult in the absence of a sufficient international protection standard. Therefore, for these types of health data, there remains a risk for re-identification after the anonymisation or aggregation, which could not be reasonably mitigated initially. This falls within the criteria indicated in Article 5(13) of Regulation […] [Data Governance Act COM/2020/767 final]. These types of health data would thus fall within the empowerment set out in Article 5(13) of Regulation […] [Data Governance Act COM/2020/767 final] for transfer to third countries. The protective measures, proportional to the risk of re-identification, would need to take into account the specificities of different data categories or of different anonymization or aggregation techniques and will be detailed in the context of the Delegated Act under the empowerment set out in Article 5(13) of Regulation […] [Data Governance Act COM/2020/767 final]. In case of mixed datasets, where personal and non- personal data are inextricably linked, and where a distinction between categories of personal and non-personal data is difficult to apply and results in the possibility to infer personal data from non-personal data, protections of Regulation (EU) 2016/679 and of this Regulation concerning personal electronic health data should be applicable.
Amendment 480 #
2022/0140(COD)
Proposal for a regulation
Article 1 – paragraph 3 – point a
Article 1 – paragraph 3 – point a
(a) manufacturers and suppliers of EHR systems and, medical devices, wellness applications and other digital health applications that are able to process electronic data related to insurance status, professional status, education, lifestyle, wellness and behaviour data relevant to health and that are placed on the market and put into service in the Union and the users of such products;
Amendment 487 #
2022/0140(COD)
Proposal for a regulation
Article 1 – paragraph 3 – point b
Article 1 – paragraph 3 – point b
(b) contrdata hollders and processodata users established in the Union processing electronic health data of Union citizens and third-country nationals legally residing in the territories of Member States;
Amendment 489 #
2022/0140(COD)
Proposal for a regulation
Article 1 – paragraph 3 – point d
Article 1 – paragraph 3 – point d
(d) data users to whom electronic health data are made available by data holders in the Union or third countries or international institutions.
Amendment 496 #
2022/0140(COD)
Proposal for a regulation
Article 1 – paragraph 4 a (new)
Article 1 – paragraph 4 a (new)
4 a. This regulation shall be without prejudice to the Directive on the Protection of Trade Secrets (Directive (EU) 2016/943) which shall take precedence.
Amendment 498 #
2022/0140(COD)
Proposal for a regulation
Article 1 – paragraph 6 a (new)
Article 1 – paragraph 6 a (new)
6 a. This Regulation shall not apply to activities concerning defence and national security.
Amendment 499 #
2022/0140(COD)
Proposal for a regulation
Article 1 – paragraph 6 b (new)
Article 1 – paragraph 6 b (new)
6 b. This Regulation shall be without prejudice to Regulations (EU) 2016/679, (EU) 2018/1725, (EU) No 536/2014 and Directive 2022/58/EC.
Amendment 508 #
2022/0140(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point a
Article 2 – paragraph 2 – point a
(a) ‘personal electronic health data’ means data concerning health and genetic data as defined in Regulation (EU) 2016/679, as well as data referring to determinants of health, or data processed in relation to the provision of healthcare services, that are processed in an electronic form;
Amendment 553 #
2022/0140(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point m
Article 2 – paragraph 2 – point m
(m) ‘EHR’ (electronic health record) means a collection of electronic health dataset related to a natural person and collected in the health system, processed for healthcare purposes;
Amendment 617 #
2022/0140(COD)
Proposal for a regulation
Article 2 – paragraph 2 a (new)
Article 2 – paragraph 2 a (new)
2 a. “Legitimate legal representative of the patient” means a natural person of the patient’s choice, such as to their relatives or other close natural persons, legitimately authorised under the national rules of the Member State to access or control access to their personal electronic health data or to use digital health services on their behalf. Under no circumstances will the legitimate legal representative be a legal entity, without prejudice to the protection that may be provided by the judicial authorities. Such authorisations may also be useful for convenience reasons in other situations. Proxy services should be established by Member States to implement these authorisations, and they should be linked to personal health data access services, such as patient portals on patient-facing mobile applications.
Amendment 620 #
2022/0140(COD)
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
1. Natural persons shall have the right to access their personal electronic health data processed in the context of primary use of electronic health data, immediatwithout undue delay, free of charge and in an easily readable, consolidated and accessible form.
Amendment 647 #
2022/0140(COD)
Proposal for a regulation
Article 3 – paragraph 5 – subparagraph 1 – point b
Article 3 – paragraph 5 – subparagraph 1 – point b
(b) establish one or more proxy services enabling a natural person to legitimately authorise, under other natural persons of their choiceional rules of the Member State, a legitimate legal representative of the patient to access their electronic health data on their behalf.
Amendment 657 #
2022/0140(COD)
Proposal for a regulation
Article 3 – paragraph 6
Article 3 – paragraph 6
6. Natural persons may insert, access and download their electronic health data in and from their own EHR or in that of natural persons whose health information they can access, through electronic health data access services orand applications linked to these services. That information shall be marked as inserted, accessed or downloaded by the natural person or by his or her representativethe legitimate legal representative of the patient.
Amendment 666 #
2022/0140(COD)
Proposal for a regulation
Article 3 – paragraph 8 – subparagraph 1
Article 3 – paragraph 8 – subparagraph 1
Natural persons shall have the right to give access to or request a data holder from the health or social security sector to transmit their electronic health data to a data recipient of their choice from the health or social security sector, immediately, free of charge and without hindrance from the data holder or from the manufacturers of the systems used by that holder. The data recipients shall be easily identifiable to the natural persons transmitting their electronic health data and demonstrate their affiliation to the health or social security sector.
Amendment 715 #
2022/0140(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point a
Article 4 – paragraph 1 – point a
(a) have access to the electronic health data of natural persons under their treatment, on a need-to-know basis, irrespective of the Member State of affiliation and the Member State of treatment;
Amendment 720 #
2022/0140(COD)
Proposal for a regulation
Article 4 – paragraph 2
Article 4 – paragraph 2
2. In line with the data minimisation principle provided for in Regulation (EU) 2016/679, Member States mayshall establish rules providing for the categories of personal electronic health data required by different health professions in accordance with the principles of purpose limitation and data minimisation. Such rules shall not be based on the source of electronic health data.
Amendment 746 #
2022/0140(COD)
Proposal for a regulation
Article 4 – paragraph 4
Article 4 – paragraph 4
4. Where access to electronic health data has been restricted by the natural person, the healthcare provider or health professionals shall not be informed of the content of the electronic health data without prior authorisation by the natural person, including wher which case the provider or professional iswill be informed of the existence and nature of the restricted electronic health data. In cases where processing is necessary in order to protect the vital interests of the data subject or of another natural person, the healthcare provider or health professional may get access to the restricted electronic health data. Following such access, the healthcare provider or health professional shall inform the data holder and the natural person concerned or his/her guardians that access to electronic health data had been granted. Member States’ law may add additional safeguards.
Amendment 762 #
2022/0140(COD)
Proposal for a regulation
Article 5 – paragraph 1 – subparagraph 1 – point f
Article 5 – paragraph 1 – subparagraph 1 – point f
(f) patient discharge reports.
Amendment 920 #
2022/0140(COD)
Proposal for a regulation
Article 12 – paragraph 4 a (new)
Article 12 – paragraph 4 a (new)
4 a. The Commission shall in the development of technical implementing measures related to the security, confidentiality and data protection aspects of MyHealth@EU consult the European Union Agency for Cyber Security.
Amendment 923 #
2022/0140(COD)
Proposal for a regulation
Article 12 – paragraph 6
Article 12 – paragraph 6
6. Member States shall ensure that pharmacies operating on their territories, including online pharmacies, are enabled to dispense electronic prescriptions issued by other Member States, under the conditions laid down in Article 11 of Directive 2011/24/EU. The pharmacies shall access and accept electronic prescriptions transmitted to them from other Member States through MyHealth@EU, granted that the requirements in Article 11 of Directive 2011/24/EU are fulfilled. Following dispensation of medicinal products based on an electronic prescription from another Member State, pharmacies shall report the dispensation to the Member State that issued the prescription, through MyHealth@EU.
Amendment 1138 #
2022/0140(COD)
Proposal for a regulation
Article 33 – paragraph 1 – point a
Article 33 – paragraph 1 – point a
(a) EHRs;electronic health data from EHRs, including the categories in Article 5 of this Regulation.
Amendment 1147 #
2022/0140(COD)
Proposal for a regulation
Article 33 – paragraph 1 – point b
Article 33 – paragraph 1 – point b
(b) data on factors impacting on health, including social, environmental behavioural determinants of health, but excluding data relating to criminal convictions and offences;
Amendment 1184 #
2022/0140(COD)
Proposal for a regulation
Article 33 – paragraph 1 – point j
Article 33 – paragraph 1 – point j
Amendment 1212 #
2022/0140(COD)
Proposal for a regulation
Article 33 – paragraph 1 a (new)
Article 33 – paragraph 1 a (new)
1 a. Data holders have the right to refuse access to their data if there are legal or contractual impediments that prevent them from sharing, if it could compromise the scientific integrity of a scientific research study, including a clinical trial, or if it could compromise the protection of IP rights (including trade secrets) or commercial property.
Amendment 1233 #
2022/0140(COD)
Proposal for a regulation
Article 33 – paragraph 4
Article 33 – paragraph 4
4. Electronic health data entailing protected intellectual property and trade secrets from private enterprises shall be made available for secondary use. Where such data is made available for secondary use, all measures necessary to preserve the confidentiality of IP rights and trade secrets shall be takenWithout prejudice to the law relating to the protection of intellectual property, industrial property and commercial property rights, and subject to other provisions of this Regulation, electronic health data entailing protected intellectual property and trade secrets from private enterprises shall be made available for secondary use only if all measures necessary to preserve the confidentiality of IP rights (including trade secrets) are taken. Data sharing should be based on a data sharing agreement that respects the provisions of Union legislation, in particular of Directive on the Protection of Trade Secrets (Directive (EU) 2016/943, Article 6(2)(e) of the Data Act, Article 39 of TRIPS, and of Articles 9, 11 and 13 Directive 2004/48 on the enforcement of intellectual property rights in relation to preliminary injunctions, injunctions and damages.
Amendment 1252 #
2022/0140(COD)
Proposal for a regulation
Article 33 – paragraph 5
Article 33 – paragraph 5
5. Where the consent of the natural person is required by national law, health data access bodies shall rely on the obligations laid down Natural persons that are subjects to secondary use of health data shall have the right to decline the processing of their health data. Health data access bodies shall provide for an accessible and easily understandable opt-out mechanism, whereby natural persons must be offered the possibility to restrict full or partial access to their personal health data for all or parts of secondary use. Data subjects should indicate this decision to the health data access bodies. In situation where natural persons explicitly express their wish to use opt-out mechanism to data holders, data holders shall direct natural persons to the health data access bodies, which shall provide an opt-out template for the data subject. The exercise of this right to opt-out shall not affect the lawfulness of the processing this Chapter to provide access to electronic health dataat took place under Chapter IV before the individual opted-out. The opt-out mechanism shall function without prejudice to Article 21(6) of Regulation (EU) 2016/679, whereby the right to object may be restricted when the processing of personal data is necessary for the performance of a task carried out for reasons of public interest.
Amendment 1408 #
2022/0140(COD)
Proposal for a regulation
Article 35 – paragraph 1 – point e a (new)
Article 35 – paragraph 1 – point e a (new)
(e a) data of pharmaceutical prescriptions or medical devices used, by commercial name.
Amendment 1474 #
2022/0140(COD)
Proposal for a regulation
Article 37 – paragraph 1 – point f
Article 37 – paragraph 1 – point f
(f) take all measures necessary to preserve the confidentiality of IP rights and of trade secrets included in, but not limited to the Directive on the Protection of Trade Secrets (Directive (EU) 2016/943);
Amendment 1500 #
2022/0140(COD)
Proposal for a regulation
Article 37 – paragraph 1 – point n
Article 37 – paragraph 1 – point n
(n) cooperate at Union and national level and provide advice to the Commission on techniques and best practices for the secondary use of electronic health data use and management;
Amendment 1647 #
2022/0140(COD)
Proposal for a regulation
Article 42 – paragraph 4
Article 42 – paragraph 4
4. Any fees charged to data users pursuant to this Article by the health data access bodies or data holders shall be transparent and proportionate to the cost of collecting and making electronic health data available for secondary use, objectively justified and shall not restrict competition. The support received by the data holder from donations, public national or Union funds, to set up, develop or update tat dataset shall be excluded from this calculation. The specific interests and needs of SMEs, public bodies, Union institutions, bodies, offices and agencies involved in research, health policy or analysis, educational institutions and healthcare providers shall be taken into account when setting the fees, by reducing those fees proportionately to their size or budgetobjective parameters relating to budget, size, and research importance.
Amendment 1711 #
2022/0140(COD)
Proposal for a regulation
Article 44 – paragraph 3
Article 44 – paragraph 3
3. Where the purpose of the data user’s processing cannot be achieved with anonymised data, taking into account the information provided by the data user, the health data access bodies shall provide access to electronic health data in pseudonymised format. The information necessaryrequired to reverse the pseudonymisation shall be available only to the health data access body, which will eliminate it after pseudonymisation completion. Data users shall not re- identify the electronic health data provided to them in pseudonymised format. The data user’s failure to respect the health data access body’s measures ensuring pseudonymisation shall be subject to appropriate penalties.
Amendment 2115 #
2022/0140(COD)
Proposal for a regulation
Article 72 – paragraph 3 – point a
Article 72 – paragraph 3 – point a
(a) from 1two years after date of entry into application to categories of personal electronic health data referred to in Article 5(1), points (a), (b) and (c), and to EHR systems intended by the manufacturer to process such categories of data.;
Amendment 2117 #
2022/0140(COD)
Proposal for a regulation
Article 72 – paragraph 3 – point b
Article 72 – paragraph 3 – point b
(b) from 3four years after date of entry into application to categories of personal electronic health data referred to in Article 5(1), points (d), (e) and (f), and to EHR systems intended by the manufacturer to process such categories of data;
Amendment 27 #
2022/0135(COD)
Proposal for a regulation
Recital 6 a (new)
Recital 6 a (new)
(6 a) Ecuador has made substantial progress in preparing for the visa-free status, notably with the introduction of the biometric passport and the Regulation to the Organic Law on Human Mobility. In addition, reasons of regional coherence, being a trading partner of the Union through the Multi-Party Treaty, support the opportunity to include Ecuador on the list of visa-free countries, without prejudice to the Commission carrying out the necessary technical assessment prior to the negotiation of the relevant bilateral agreement.
Amendment 31 #
2022/0135(COD)
Proposal for a regulation
Recital 6 b (new)
Recital 6 b (new)
(6 b) The Commission should further assess within 3 months of the final adoption of this Regulation the situation of Ecuador with regard to the criteria set out in this Regulation before the opening of negotiations on bilateral agreement on visa waiver between the Union and that country
Amendment 43 #
2022/0135(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point a a (new)
Article 1 – paragraph 1 – point a a (new)
(a a) in point 1 of Annex I, (“STATES”) the reference to Ecuador is deleted.
Amendment 49 #
2022/0135(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point b a (new)
Article 1 – paragraph 1 – point b a (new)
Amendment 153 #
2022/0089(COD)
Proposal for a regulation
Article 17 – paragraph 5
Article 17 – paragraph 5
5. The Commission shall be empowered to adopt delegated acts in accordance with Article 84 supplementing this Regulation by ruleentrust EUIPO with the purly administrative tasks onf entrusting EUIPO with the tasks set out in this Articlexamining applications for registration.
Amendment 184 #
2022/0089(COD)
Proposal for a regulation
Article 19 – paragraph 10
Article 19 – paragraph 10
10. The Commission shall be empowered to adopt delegated acts, in accordance with Article 84 supplementing this Regulation by detailed procedures and deadlines for the opposition procedure, for the official submission of comments by national authorities and persons with a legitimate interest, which will not trigger the opposition procedure and by rules on entrusting its tasks set out in this Article to EUIPO. The Commission is empowered to entrust EUIPO with the purely administrative tasks of the Union opposition procedure.
Amendment 222 #
2022/0089(COD)
Proposal for a regulation
Article 23 – paragraph 7
Article 23 – paragraph 7
7. The Commission shall be empowered to adopt delegated acts in accordance with Article 84 supplementing this Regulation by rules on entrusting EUIPO to operate the Union register of geographical indications.
Amendment 229 #
2022/0089(COD)
Proposal for a regulation
Article 25 – paragraph 1
Article 25 – paragraph 1
1. A producer group having a legitimate interest may apply for the approval of an amendment to the product specification of a registeredrecognised producer group may apply for the approval of an amendment to the product specification of a registered geographical indication. Where such a group does not exist, a producer group having a legitimate interest or, in exceptional and duly justified cases, any an individual producer which is the only producer of the geographical indication may submit an application to amend a product specification. Producers may only submit an application to amend the specification for the geographical indication product they produce.
Amendment 265 #
2022/0089(COD)
10. The Commission shall be empowered to adopt delegated acts in accordance with Article 84 supplementing this Regulation by provisions entrustingentrust EUIPO with the publication of standthe ordinardy amendments referred to in paragraph (9).
Amendment 286 #
2022/0089(COD)
Proposal for a regulation
Article 26 – paragraph 6
Article 26 – paragraph 6
6. The Commission shall be empowered to adopt delegated acts in accordance with Article 84 supplementing this Regulation by rules entrustdefining EUIPO with the tasks set out in paragraph (5)'s administrative tasks.
Amendment 296 #
2022/0089(COD)
Proposal for a regulation
Article 27 – paragraph 1 a (new)
Article 27 – paragraph 1 a (new)
1 a. Where a designation of origin or a geographical indication is registered under this Regulation, the application for registration of a traditional term the use of which would contravene Article 103(2) shall be refused.
Amendment 393 #
2022/0089(COD)
Proposal for a regulation
Article 46 – paragraph 1
Article 46 – paragraph 1
The Commission shall be empowered to adopt delegated acts in accordance with Article 84 supplementing this Regulation by rules on entrusting EUIPO with the scrutiny of third countryentrust EUIPO with the purely administrative task of examining geographical indications of third countries, other than geographical indications under the Geneva Act of the Lisbon Agreement on Appellations of Origin and Geographical Indications, proposed for protection pursuant to international negotiations or international agreements.
Amendment 398 #
2022/0089(COD)
Proposal for a regulation
Article 47 – paragraph 1 – introductory part
Article 47 – paragraph 1 – introductory part
1. Where tThe Commission exercises any of the empowerments provided for in this Regulation to entrust tasks to EUIPO, it shall also be empowered to adopt delegated acts in accordance with Article 84 to supplement this Regulation byshall define criteria for monitoring performance in the execution of suchthe tasks. Such entrusted to EUIPO. These criteria mayshall include in particular:
Amendment 410 #
2022/0089(COD)
Proposal for a regulation
Article 47 – paragraph 2
Article 47 – paragraph 2
2. No later than 53 years after the first delegation of any tasks to EUIPO, the Commission shall prepare and submit a report to the European Parliament and to the Council on the results and experience of the exercise of these tasks by EUIPO. Should the findings reveal shortcomings in the management by EUIPO of the tasks entrusted to it, in accordance with the law of the European Parliament and of the Council, those tasks shall be reallocated to DG AGRI.
Amendment 24 #
2022/0068(COD)
Proposal for a regulation
Recital 8 a (new)
Recital 8 a (new)
(8a) Pursuant to the statement in the minutes of the European Council meeting of 25 November 2018, any future agreement between the EU and the United Kingdom concerning Gibraltar will require the prior agreement of the Kingdom of Spain. Given Gibraltar's particular geographical situation, its status under international law, its specific characteristics and its special relationship with Spain, measures adopted by the EU under this Regulation which affect the territory of Gibraltar or any agreement concluded between the EU and the United Kingdom concerning that territory should also require the prior consent of the Kingdom of Spain.
Amendment 62 #
2022/0068(COD)
Proposal for a regulation
Article 2 – paragraph 7 a (new)
Article 2 – paragraph 7 a (new)
7a. Where they concern the territory of Gibraltar or any agreement between the EU and the United Kingdom relating to that territory, the adoption of measures pursuant to paragraph 1 of this Article shall require the prior consent of the Kingdom of Spain.
Amendment 6 #
2021/2249(INI)
Motion for a resolution
Citation 7
Citation 7
— having regard to UN Security Council Resolution 1244 of 10 June 1999, to the International Court of Justice (ICJ) Advisory Opinion of 22 July 2010 on the accordance with international law of the unilateral declaration of independence in respect of Kosovo, and to UN General Assembly Resolution 64/298 of 9 September 2010, which acknowledged the content of the ICJ opinion, and welcomed the EU’s readiness to facilitate dialogue between Serbia and Kosovo,
Amendment 8 #
2021/2249(INI)
Motion for a resolution
Citation 8
Citation 8
— having regard to the first agreement on principles governing the normalisation of relations between the governments of Serbia and Kosovo of 19 April 2013, to the agreements of 25 August 2015, and to the ongoing EU- facilitated dialogue for the normalisation of relations,
Amendment 309 #
2021/2249(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Reconfirms its support for the EU- facilitated Belgrade-Pristina dialogue and reiterates the importance of constructive engagement on the part of the authorities of both Serbia and Kosovo in order to achieve a comprehensive legally bindingin order to achieve normalisation agreement, which is crucial for both countries to advance on their respective European pathserspective; calls for all past agreements to be respected and fully implemented, including the Association of Serb-Majority Municipalities;
Amendment 1 #
2021/2246(INI)
Motion for a resolution
Citation 1
Citation 1
— having regard to the Stabilisation and Association Agreement (SAA) between the European Union and the European Atomic Energy Community, of the one part, and Kosovo*, of the other part, which entered into force on 1 April 20161 , __________________ 1 OJ L 71, 16.3.2016, p. 3. *This designation shall not be construed as a recognition of statehood and is without prejudice to the individual positions of the Member States on status, and is in line with UNSCR 1244/1999 and the ICJ Opinion on the Kosovo declaration of independence1a __________________ 1 OJ L 71, 16.3.2016, p. 3. 1a This mention should be included in the title and applied throughout the entire document
Amendment 7 #
2021/2246(INI)
Motion for a resolution
Citation 6
Citation 6
— having regard to UN Security Council Resolution 1244 of 10 June 1999, to the International Court of Justice (ICJ) Advisory Opinion of 22 July 2010 on the accordance with international law of the unilateral declaration of independence in respect of Kosovo, and to UN General Assembly Resolution 64/298 of 9 September2010, which acknowledged the content of the ICJ opinion, and welcomed the EU’s readiness to facilitate dialogue between Serbia and Kosovo,
Amendment 9 #
2021/2246(INI)
Motion for a resolution
Citation 7
Citation 7
— having regard to the first agreement on principles governing the normalisation of relations between the governments of Serbia and Kosovo of 19 April 2013, to the agreements of 25 August 2015, and to the ongoing EU- facilitated dialogue for the normalisation of relations,
Amendment 11 #
2021/2246(INI)
Motion for a resolution
Citation 20
Citation 20
— having regard to its previous resolutions on the countryKosovo,
Amendment 12 #
2021/2246(INI)
Motion for a resolution
Citation 22
Citation 22
Amendment 21 #
2021/2246(INI)
Motion for a resolution
Recital A
Recital A
Amendment 27 #
2021/2246(INI)
Motion for a resolution
Recital C
Recital C
C. whereas a comprehensive legally binding normalisation agreement between Serbia and Kosovo is crucial for both countries to advance oin their respective European pathsEuropean perspective;
Amendment 31 #
2021/2246(INI)
Motion for a resolution
Recital D
Recital D
D. whereas Kosovo has not been granted visa liberalisation, although all benchmarks have been fulfilled since 2018;
Amendment 45 #
2021/2246(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Welcomes Kosovo’s commitment to advance on EU-related reforms and the overwhelming public support for European integration; without prejudice to Member States' positions on status;
Amendment 51 #
2021/2246(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. WelcomesTakes note of the adoption of the Action Plan of the European Reform Agenda II and the National Programme for the Implementation of the Stabilisation and Association Agreement; underlines the need to strengthen the administrative capacities and to put in place a coherent coordination structure within the Kosovo institutions for their effective implementation;
Amendment 68 #
2021/2246(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
Amendment 78 #
2021/2246(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
Amendment 81 #
2021/2246(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
Amendment 123 #
2021/2246(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Takes note of the government’sKosovo authorities' plans for the vetting of judges and prosecutors, and underlines the importance of the Venice Commission’s opinion; stresses that vetting should be used as a last resort and insists that the EU and the US reservations should not be disregarded;
Amendment 134 #
2021/2246(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Commends Kosovo’s vibrant and constructive civil society for its work and engagement; encourages the governmentKosovar authorities to establish cooperative working relations with them, based on mutual trust and to ensure their meaningful involvement in the respective reform projects;
Amendment 137 #
2021/2246(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Urges the governmentKosovar authorities to implement the ruling of the Constitutional Court granting parcels of land to the Visoki Dečani Monastery; is concerned that the authorities have still not implemented this court decision, thereby undermining the government’sauthorities' commitment to enforcing the rule of law and its respect for an independent judiciary;
Amendment 187 #
2021/2246(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Is deeply concerned about the continuing high level of domestic and gender-based violence in Kosovo; calls for the effective implementation of the national strategy against domestic and gender-based violence;
Amendment 202 #
2021/2246(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
26. WelcomesTakes note of Kosovo’s active participation in the regional cooperation mechanisms, including the Common Regional Market and the Green Agenda for the Western Balkans; welcomes the various bilateral cooperation agreements between Kosovo and North Macedonia and Albania;
Amendment 208 #
2021/2246(INI)
Motion for a resolution
Paragraph 27
Paragraph 27
27. Reconfirms its support for the EU- facilitated Belgrade-Pristina dialogue and reiterates the importance of constructive engagement on the part of the authorities of both Serbia and Kosovo in order to achieve a comprehensive legally bindingin order to achieve normalisation agreement, which is crucial for both countries to advance on their respective European pathsEuropean perspective; calls for all past agreements to be respected and fully implemented, including the Association of Serb-Majority Municipalities;
Amendment 224 #
2021/2246(INI)
Motion for a resolution
Paragraph 28
Paragraph 28
28. Regrets the decision of the Government of KosovoKosovar authorities to reject a proposal enabling the collection of the ballots of eligible voters to allow them to vote in the territory of Kosovo in the 3 April 2022 Serbian elections, as had been the case previously;
Amendment 291 #
2021/2246(INI)
Motion for a resolution
Paragraph 36
Paragraph 36
36. Calls on the governmentKosovar authorities to speed up its work on the Energy Strategy 2022- 2030, with a particular focus on a sustainable and affordable energy supply, increased energy efficiency and the further diversification of energy sources;
Amendment 306 #
2021/2246(INI)
Motion for a resolution
Paragraph 39
Paragraph 39
39. Instructs its President to forward this resolution to the President of the European Council, the Commission, the Vice-President of the Commission / High Representative of the Union for Foreign and Security Policy, the governments and parliaments of the Member States and to the President, and the Government and Parliament of KosovoKosovar authorities.
Amendment 21 #
2021/2180(INI)
3 a. Notes the widespread use of a law of exception in different Member States to provide a legal base for the emergency measures adopted during the health crisis caused by the COVID-19 pandemic; recognizes that these measures have had an intense impact on the rights and freedoms of citizens. Underlines the importance of assessing whether these emergency measures have been in line with the constitutional frameworks of the Member States; calls for applying effective controls on government actions to protect the rights of EU citizens;
Amendment 24 #
2021/2180(INI)
Draft opinion
Paragraph 3 b (new)
Paragraph 3 b (new)
3 b. Notes that in some Member States, the legal regime under which fundamental rights have been restricted had not been clearly established. Points out the importance of having appropriate legislation that provides the necessary legal instruments to address pandemic crises, so that respect for the rule of law, as well as for fundamental rights and constitutional requirements, are guaranteed.
Amendment 32 #
2021/2180(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Welcomes the Commission’s second Rule of Law Report (‘the Report’) and considers that the periodic review of the state of the rule of law is of great significance and is an essential monitoring tool; considers it vital to establish a European rule of law monitoring and enforcement architecture in the Union that is preventive and non-discriminatory; welcomes the importance that it rightly places on justice systems; stresses that effectiveness, independence and efficiency are three characteristics of justice systems which are equally essential for upholding the rule of law and which constitute the basis for mutual trust within the EU’s area of freedom, security and justice; notes the need for lawyers, judges and prosecutors to be able to exercise their functions with full autonomy and independence, without interference from any other institution or body, in accordance with the principle of the separation of powers; argues that this is an indispensable condition for ensuring equality and the protection of citizens’ rights under the law;
Amendment 43 #
2021/2180(INI)
Draft opinion
Paragraph 8
Paragraph 8
8. Is deeply preoccupied by the fact that judicial independence continues to be an issue of serious concern in some Member States; condemns the continued political attacks on the independence of judiciary, the primacy of EU law and the implementation of the CJEU’s rulings in Hungary and Polandthe Member States under the Article 7(1) TEU procedure; notes with deep regret that these attacks have been worsening since the publication of the Report and often target judges and prosecutors who have contested the backsliding on judicial independence;
Amendment 53 #
2021/2180(INI)
Draft opinion
Paragraph 9 a (new)
Paragraph 9 a (new)
9 a. Points out that the prosecution service is a key element for the capacity of the judiciary to fight crime and corruption; highlights the importance of guaranteeing the autonomy and independence of the prosecution service; stresses the need for safeguards to be put in place to help preserve the independence of the prosecution service so that it is free from undue political pressure, especially from the Government.
Amendment 54 #
2021/2180(INI)
Draft opinion
Paragraph 9 b (new)
Paragraph 9 b (new)
9 b. Underlines the important role of the Councils of the Judiciary in safeguarding judicial independence; considers it necessary to evaluate the reforms that are in the process of being adopted in different Member States and encourages the adaptation of the composition and functioning of these bodies to the standards established by the European Commission and the Council of Europe, and which have been endorsed by the EU Court of Justice.
Amendment 59 #
2021/2180(INI)
Draft opinion
Paragraph 10
Paragraph 10
10. Welcomes the opinion of the Advocate General of the CJEU of 2 December 2021 to dismiss the action for annulment lodged by Hungary and Polandthe Member States under the Article 7(1) TEU procedure in March 2021 against Regulation (EU, Euratom) 2020/2092 on a general regime of conditionality for the protection of the Union budget1 ; applauds the continued, thorough and consistent defence by the CJEU of the rule of law; _________________ 1 Regulation (EU, Euratom) 2020/2092 of the European Parliament and of the Council of 16 December 2020 on a general regime of conditionality for the protection of the Union budget, OJ L 433 I, 22.12.2020, p. 1.
Amendment 70 #
2021/2180(INI)
Draft opinion
Paragraph 12
Paragraph 12
12. Urges the Commission, furthermore, to make robust use of its toolkit, including infringement procedures, Art. 7 TEU procedure and the conditionality mechanism, where appropriate, to quickly and efficiently address any backsliding on the rule of law in national justice systems and to protect EU financial interests;
Amendment 73 #
2021/2180(INI)
Draft opinion
Paragraph 13
Paragraph 13
13. Urges the Council to resume and conclude all pending procedures under Article 7(1) TEU and to inform Parliament thereof; underlines that any further delaying of such action would amount to a breach of the rule of law principle by the Council itself;
Amendment 75 #
2021/2180(INI)
14. Recalls the important role of journalists and civil society in raising the alarm about, and drawing attention to, any breaches of the rule of law, including with regard to the proper functioning of justice systems, and calls for them to be given enhanced protection against intimidation or violence; condemns the instrumental use of justice to undermine freedom of information, notably through the use of strategic lawsuits against public participation (SLAPPs) in the EUunderlines the importance of strengthening the transparency of public administrations and governments; points out the necessity to ensure access to trustworthy and reliable information sources in order to guarantee quality journalism and help to effectively tackle the spread of disinformation and misinformation; condemns the instrumental use of justice to undermine freedom of information, notably through the use of strategic lawsuits against public participation (SLAPPs) in the EU; urgently calls the Commission to present proposals for binding Union legislation on common and effective safeguards for victims of SLAAPs across the Union, including through a directive establishing minimum standards for protection against SLAAPs;
Amendment 135 #
2021/2180(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Points out that the prosecution service is a key element for the capacity of the judiciary to fight crime and corruption; highlights the importance of guaranteeing the autonomy and independence of the prosecution service; stresses the need for safeguards to be put in place to help preserve the independence of the prosecution service so that it is free from undue political pressure, especially from the Government.
Amendment 137 #
2021/2180(INI)
Motion for a resolution
Paragraph 2 b (new)
Paragraph 2 b (new)
2b. Underlines the important role of the Councils of the Judiciary in safeguarding judicial independence; considers it necessary to evaluate the reforms that are in the process of being adopted in different Member States and encourages the adaptation of the composition and functioning of these bodies to the standards established by the European Commission and the Council of Europe, and which have been endorsed by the EU Court of Justice.
Amendment 47 #
2021/2055(INI)
Motion for a resolution
Recital C a (new)
Recital C a (new)
Ca. whereas not only believers, but also those who support or defend them, such as lawyers, can become targets following social uprising; whereas even the outcome of judicial procedures is no guarantee for safety for believers and those who support or defend them;
Amendment 75 #
2021/2055(INI)
Motion for a resolution
Recital E a (new)
Recital E a (new)
Ea. whereas the Commission appointed on 4 May 2021, Mr Christos Stylianides as Special Envoy for the promotion of freedom of religion or belief (FoRB) outside the EU;
Amendment 113 #
2021/2055(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Stresses that among believers’ groups, Christians are estimated to constitute the majority of people facing persecution for their faith; underlines that globally around 340 million Christians experience high levels of persecution and discrimination, with over 4 500 Christians killed for their faith, 4 500 churches and other Christian buildings attacked, and over 4 200 believers detained without trial, arrested, sentenced or imprisoned in 2020 alone; is alarmed about the increase in the overall level of discrimination,stresses that these are minimum figures since many incidents go unreported; is alarmed about the increase in the overall level of persecution and discrimination, which increased by 19% between 2019 and 2020; and especially about the sharp 60% increase in the number of faith-related killings compared to 2019;
Amendment 144 #
2021/2055(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Notes with particular concern that persecution of Christians is widespread in the Middle East, at times amounting to genocide, and has prompted an exodus of Christians from the region over the past two decades, resulting in approximately 15 million Christians making up 4 % of the population in the Middle East and North Africa, down from 20 % a century ago; is alarmed by the situation in Iraq, where there were 1.5 million Christians before 2003, a number now reduced by 87% within one generation to approximately 175,000;
Amendment 246 #
2021/2055(INI)
Motion for a resolution
Paragraph 22 a (new)
Paragraph 22 a (new)
22a. Particularly underlines the alarming situation in Nigeria, where 3530 Christians were killed in 2020;
Amendment 287 #
2021/2055(INI)
Motion for a resolution
Paragraph 27
Paragraph 27
27. Condemns the use by authoritarian regimes of legislation on security, sedition and the fight against terrorism and extremism as an instrument to persecute persons belonging to religious minorities, to outlaw the practise or expression of their religion and gatherings of believers, and to deter the registration of religious associations or finding pretexts for closing churches such as in China and Algeria; calls on the Commission and European External Action Service (EEAS) to monitor carefully the implementation of such legislation, and to consistently raise this issue in bilateral dialogues with the governments concerned; urges EU Member States to reject any request by foreign authorities for judicial and police cooperation in individual judicial cases if they are based on such legislation;
Amendment 300 #
2021/2055(INI)
Motion for a resolution
Paragraph 28
Paragraph 28
28. Deplores the fact that more than 70 countries in the world enforce criminal laws or seek to introduce new legislation which provide for punishments for blasphemy, apostasy and conversion, including the death sentence; notes that laws already in place are used disproportionately against people belonging to religious minorities, and are thus seen, with good reason, as an instrument of oppression; calls for the EU to intensify its political dialogue with all countries concerned with a view to repeal those laws; underlines that converts leaving a majority faith often experience the most severe violations including imprisonment, forced divorce, abduction, physical violence and murder;
Amendment 337 #
2021/2055(INI)
Motion for a resolution
Paragraph 32 a (new)
Paragraph 32 a (new)
32a. Calls on the Commission to especially review the eligibility of third countries under the generalized scheme of preferences in this regard; advocates a system that gradually grants preferences to a country based on its compliance to human rights commitments, in order to better be able to provide incentives and sanctions;
Amendment 346 #
2021/2055(INI)
Motion for a resolution
Paragraph 33 a (new)
Paragraph 33 a (new)
33a. Calls on the Council, the Commission and EU Member States to start the procedure to declare and officially designate the 24th of June as the annual European Day on Freedom of Religion or Belief, in order to show true commitment to promoting and protecting Freedom of Religion or Belief, in commemorating the victims of acts of violence based on religion or belief; believes that the 24th of June would be appropriate for such an EU-day, as this date marks the anniversary of the EU Guidelines on the promotion and protection of freedom of religion or belief in 2013;
Amendment 1 #
2021/2023(INI)
Motion for a resolution
Citation 9 a (new)
Citation 9 a (new)
— having regard to the EU Guidelines on the protection and promotion of freedom of religion or belief, adopted by the Foreign Affairs Council on 24 June 2013,
Amendment 57 #
2021/2023(INI)
Motion for a resolution
Paragraph 1 – point e a (new)
Paragraph 1 – point e a (new)
e a) promote contacts and cooperation at state-level, recognizing that key policies are introduced and implemented at state rather than national level when appropriate under India’s federal structure;
Amendment 109 #
2021/2023(INI)
Motion for a resolution
Paragraph 1 – point m
Paragraph 1 – point m
m) promote joint action in coordinating development and humanitarian aid, as well as in strengthening democratic processes and countering authoritarian trends in Asia and beyond; work with India to ensure that there is no discrimination in aid on the basis of religion or anything else;
Amendment 142 #
2021/2023(INI)
Motion for a resolution
Paragraph 1 – point p
Paragraph 1 – point p
p) recognise India’s commitment to the Women, Peace and Security (WPS) agenda through its contribution to peacekeeping missions; strengthen their mutual commitment to the implementation of UN Security Council Resolution 1325, including the development of National Action Plans with appropriate budgetary allocations for effective implementation; recognize the double vulnerability of women from religious minority backgrounds, which becomes further compounded in the case of lower caste minority women;
Amendment 167 #
2021/2023(INI)
Motion for a resolution
Paragraph 1 – point s a (new)
Paragraph 1 – point s a (new)
s a) encourage India to abide by Article 25 of its Constitution, which enshrines the right to freely practice and propagate the religion of one’s choice; recognize that Muslims, Christians and other religious minorities are equal in dignity and rights before the law;
Amendment 173 #
2021/2023(INI)
Motion for a resolution
Paragraph 1 – point s b (new)
Paragraph 1 – point s b (new)
s b) work to eliminate and deter hate speech that incites discrimination or violence, which leads to a toxic environment where intolerance and violence against religious minorities can occur with impunity;
Amendment 175 #
2021/2023(INI)
Motion for a resolution
Paragraph 1 – point s c (new)
Paragraph 1 – point s c (new)
Amendment 176 #
2021/2023(INI)
Motion for a resolution
Paragraph 1 – point s d (new)
Paragraph 1 – point s d (new)
s d) provide training to the Indian police force on tolerance and international human rights standards, including the right to the peaceful exercise of Freedom or Religion or Belief;
Amendment 178 #
2021/2023(INI)
Motion for a resolution
Paragraph 1 – point t
Paragraph 1 – point t
t) address the human rights situation and challenges faced by civil society in its dialogue with the Indian authorities, including at summit level; encourage India, as the world’s largest democracy, to demonstrate its commitment to respecting and protecting the freedom of expression, peaceful assembly, and association, and freedom of religion or belief to end attacks against - and to release arbitrarily detained - human rights defenders, members of religious minorities and journalists, including in the Indian- administered part of Kashmir, to repeal laws that may be used to silence dissent, including sections 153-A and 295-A of the Indian Penal Code, and to ensure accountability for human rights violations;
Amendment 1678 #
2021/0420(COD)
Proposal for a regulation
Annex 1 – part 16/23
Annex 1 – part 16/23
Add the following to the core network: - El Ferrol - A Coruña (rail freight / ≥ 200 km/h.) - El Ferrol - Lugo - Monforte (rail freight / ≥ 200 km/h.)
Amendment 1682 #
2021/0420(COD)
Proposal for a regulation
Annex 1 – part 16/23
Annex 1 – part 16/23
Add the following to the core network: - Zaragoza-Lleida-Tarragona (freight/conventional)
Amendment 1688 #
2021/0420(COD)
Proposal for a regulation
Annex 1 – part 17/23
Annex 1 – part 17/23
Add the following to the core network: - Orense- Santiago (passenger rail/ ≥ 200 km/h)
Amendment 1689 #
2021/0420(COD)
Proposal for a regulation
Annex 1 – part 16/23 and part 17/23
Annex 1 – part 16/23 and part 17/23
Add the following to the core network: - Santiago – Vigo (rail freight / ≥ 200 km/h) - Port of Bahía de Cádiz
Amendment 1690 #
2021/0420(COD)
Proposal for a regulation
Annex 1 – part 16/23 and part 17/23
Annex 1 – part 16/23 and part 17/23
Add the following to the comprehensive network: - Astorga – Zamora – Salamanca – Plasencia (passenger and freight rail / Conventional/New Constr.)
Amendment 1692 #
2021/0420(COD)
Proposal for a regulation
Annex 1 – part 16/23 and part 17/23
Annex 1 – part 16/23 and part 17/23
Add the following to the comprehensive network: - Granada – Motril (passenger and freight rail / Conventional / New Constr.)
Amendment 1701 #
2021/0420(COD)
Add the following to the core network: - Medina del Campo – Salamanca – Fuentes de Oñoro (passenger rail / ≥ 200 km/h) - Madrid – Adanero – Tordesillas – Benavente – Ponferrada – Lugo – A Coruña (Road) - Astorga – León – Carrión de los Condes – Burgos (Road) - Port of Bahía de Cádiz - Vigo - Porto (passenger rail/ ≥ 200 km/h)
Amendment 1702 #
2021/0420(COD)
Proposal for a regulation
Annex 1 – part 17/23
Annex 1 – part 17/23
Add the following to the core network: - Vigo - Porto (passenger rail/ ≥ 200 km/h)
Amendment 1703 #
2021/0420(COD)
Add the following to the extended core network: - Sevilla – Huelva – Faro (passenger rail / ≥ 200 km/h / New Constr.) - Córdoba - Jaén – Granada (Conventional) - Madrid – Alcázar de San Juan – Jaén (Conventional) - Bilbao – Santander (passenger and freight rail / ≥ 200 km/h / New Constr.)
Amendment 1704 #
2021/0420(COD)
Proposal for a regulation
Annex 1 – part 17/23
Annex 1 – part 17/23
Add the following to the comprehensive network: - Astorga – Zamora – Salamanca – Plasencia (rail freight / Conventional) - Aguilar de Campoo – Venta de Baños (Road) - Plasencia – Navalmoral de la Mata (Road) - Almería – Guadix (Road) - Cuenca – Tarancón – Ocaña (Road) - Soria – Aranda de Duero – Valladolid (Road)
Amendment 1705 #
2021/0420(COD)
Proposal for a regulation
Annex 1 – part 17/23
Annex 1 – part 17/23
Add the following to the core network: - Utrera- Granada- Almería (passenger and freight rail/ ≥ 200 km/h)
Amendment 1740 #
2021/0420(COD)
Proposal for a regulation
Annex 2 - table - section ES
Annex 2 - table - section ES
Node name: Algeciras Rail road terminals: Core (San Roque)
Amendment 1742 #
2021/0420(COD)
Proposal for a regulation
Annex 2 - table - section ES
Annex 2 - table - section ES
Node name: Cádiz Maritime port: Comprehensivre (Bahía de Cádiz)
Amendment 1743 #
2021/0420(COD)
Node name: Castellón Maritime port: Comprehensivre
Amendment 1745 #
2021/0420(COD)
Proposal for a regulation
Annex 2 - table - section ES
Annex 2 - table - section ES
Node name: Ferrol Maritime port: Comprehensivre
Amendment 1747 #
2021/0420(COD)
Proposal for a regulation
Annex 2 - table - section ES
Annex 2 - table - section ES
Node name: Gandía Maritime port: Comprehensive
Amendment 1750 #
2021/0420(COD)
Proposal for a regulation
Annex 2 - table - section ES
Annex 2 - table - section ES
Node name: Santander Maritime port: Comprehensivre
Amendment 1752 #
2021/0420(COD)
Proposal for a regulation
Annex 2 - table - section ES
Annex 2 - table - section ES
Node name: Vigo Maritime port: Comprehensivre
Amendment 1754 #
2021/0420(COD)
Node name: Vilagarcía de Arousa Maritime port: Comprehensive
Amendment 1789 #
2021/0420(COD)
Proposal for a regulation
Annex 3 - part 2/14
Annex 3 - part 2/14
Add the following to the Atlantic Corridor: - Madrid – Adanero – Tordesillas – Benavente – Ponferrada – Lugo – A Coruña (Road) - Astorga – León – Carrión de los Condes – Burgos (Road) - A Coruña – Gijón – Santander - Bilbao (Road) - Santiago – Vigo (Rail freight) - Bilbao – Santander (Rail passengers) - Port of Bahía de Cádiz - Sevilla – Huelva – Faro (Rail passengers)
Amendment 1810 #
2021/0420(COD)
Proposal for a regulation
Annex 3 - part 10/14
Annex 3 - part 10/14
Add the following to the Mediterranean Corridor: - Maintain the route of the Mediterranean Corridor, including across Hungary
Amendment 1813 #
2021/0420(COD)
Add the following to the Mediterranean Corridor: - Córdoba - Jaén – Granada (Rail passengers) - Madrid – Alcázar de San Juan – Jaén (Rail passengers)
Amendment 187 #
2020/2029(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Highlights that while the full impact of the COVID-19 pandemic is not yet measureable, it is nevertheless clear that the crisis disproportionately affects the most vulnerable victims of THB, especially women and children; points out that due to the increased use of the Internet, social media and on-line advertisements – it is to be expected that the number of victims of trafficking exploited on-line would rise sharply; calls on the MS for more effective and coherent actions targeting on-line exploitation, with the support of relevant EU agencies, such as Europol;
Amendment 268 #
2020/2029(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Urges the Member States to focus on the recurring and emerging patterns of THB for sexual exploitation, such as the increasing exploitation of children and the use of the ‘lover boy’ method as the most frequent means of recruiting victims by using online technologies; notes that the increased use of technology by criminal networks engaged in human trafficking has significantly transformed their traditional modus operandi, especially in some stages of the trafficking process;
Amendment 386 #
2020/2029(INI)
Motion for a resolution
Paragraph 27
Paragraph 27
27. Calls on the Member States to fully implement Directive 2011/93/EU on combating the sexual abuse and sexual exploitation of children and child pornography26 , and to reinforce police and judicial cooperation to prevent and combat sexual exploitation at the EU level; calls MS to cooperate with EU agencies, in particular with Europol and its dedicated entities, EMSC and EC3, and Eurojust to step up information exchange and support and cross border investigations; _________________ 26 OJ L 335, 17.12.2011, p. 1.
Amendment 412 #
2020/2029(INI)
Motion for a resolution
Paragraph 28 a (new)
Paragraph 28 a (new)
Amendment 413 #
2020/2029(INI)
Motion for a resolution
Paragraph 29
Paragraph 29
29. Notes the low number of prosecutions and convictions for the crime of trafficking; urges the Member States to take measures to improve the investigation of trafficking cases and to put in place strong criminal sanctions for crimes of human trafficking; highlights that special attention should be paid to under-reported and under-investigated areas, especially seasonal and temporary nature employment in the low-skilled and low- paid sectors, such as, labour exploitation in the agricultural sector;
Amendment 6 #
2020/2023(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6 a. Stresses the need to protect the residents' rights and especially those of workers who move from both sides of the fence until a definitive agreement is reached between the governments of Spain and the United Kingdom for the decolonization of Gibraltar, in accordance with the United Nations resolutions, which were endorsed by the European Parliament and the European Council. This agreement should be concluded before summer 2021 to allow for the early application of the Community provisions affecting the individual rights (e.g. air traffic) which are currently suspended.
Amendment 110 #
2020/2023(INI)
31a. Supports the negotiating directives, which set out that Gibraltar will not be included in the territorial scope of the agreements to be concluded between the EU and the UK, and that any separate agreement will require the prior agreement of Kingdom of Spain;
Amendment 11 #
2020/2022(INI)
Motion for a resolution
Citation 7 a (new)
Citation 7 a (new)
— having regard to the Commission recommendation of 1 March 2018 on measures to effectively tackle illegal content online (C(2018) 1177 final);
Amendment 13 #
2020/2022(INI)
Motion for a resolution
Citation 7 b (new)
Citation 7 b (new)
— having regard to the Europol Internet Organised Crime Threat Assessment (IOCTA) of 18 September 2018;
Amendment 36 #
2020/2022(INI)
Motion for a resolution
Recital E
Recital E
E. whereas the political approach to tackle harmful and illegal content online in the EU has mainly focused on voluntary cooperation thus far, but a growing number of Member States are adopting national legislation to address illegal content and provisions to address certain types of content were included in recent sectoral legislation at EU level;
Amendment 56 #
2020/2022(INI)
Motion for a resolution
Recital J
Recital J
J. whereas the lack of robust public data on the prevalence and removal of illegal and harmful content online creates a deficit of accountability, both in the private and public sector; this includes the use and underlying source codes of algorithmic processes and how platforms address the erroneous removal of content;
Amendment 113 #
2020/2022(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Recalls that illegal content online should not only be removed by online platforms, but should be followed up by law enforcement and the judiciary; finds, in this regard, that a key issue in some Member States is not that they have unresolved cases but rather unopened ones; calls for barriers to filing complaints with competent authorities to be removed; is convinced that, given the borderless nature of the internet and the fast dissemination of illegal content online, cooperation between service providers and national competent authorities should be improved; calls, to this end, on Member States to equip their law enforcement and judicial authorities with the necessary expertise, resources and tools to allow them to effectively deal with the increasing number of cases involving illegal content online;
Amendment 121 #
2020/2022(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Acknowledges the fact that, while the illegal nature of certain types of content can be easily established, the decision is more difficult for other types of content as it requires contextualisation; warns that some automated tools are not sophisticated enough to take contextualisation into account, which could lead to unnecessary restrictions being placed on thtakedowns and harm the freedom of expression; highlights that illegal content online can easily be multiplied which greatly amplifies the negative impact within a very short period of time; therefore believes that digital service providers should be allowed to have freedom of expresscourse to automated tools with human oversight to detect, remove or block access to content whose illegality has either been established by a court or can be easily determined without contextualisation;
Amendment 164 #
2020/2022(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Highlights that this should include rules on the notice-and-action mechanisms and requirements for platforms to take proactive measures that are proportionate to their scale of reach and operational capacities in order to effectively address the appearance of illegal content on their services, while leaving the choice of the concrete measures to the platforms; supports a balanced duty-of-care approach and a clear chain of responsibility to avoid unnecessary regulatory burdens for the platforms and unnecessary and disproportionate restrictions on fundamental rights, including the freedom of expression;
Amendment 202 #
2020/2022(INI)
Motion for a resolution
Paragraph 15 – subparagraph 1 (new)
Paragraph 15 – subparagraph 1 (new)
Maintains that these forms of harmful content include micro targeting based on characteristics exposing physical or psychological vulnerabilities, health related content such as disinformation on COVID-19 causes or remedies and emerging issues such as the organised abuse of multiple platforms, artificial intelligence applications creating fake profiles or manipulating online content; points out that special attention should be paid to harmful content in the context of minors using the internet, especially in regard to their exposure to cyberbullying, sexual harassment, pornography, violence or self-harm;
Amendment 215 #
2020/2022(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Calls, in this regard, for a regular public reporting obligation for platforms, proportionate to their scale of reach and operational capacities, more specifically on their content moderation procedures, including standardised data about the amount of content removed and the underlying reasons, the type and justification of removal requests received, the number of requests whose execution was refused and the reasons therefore;
Amendment 221 #
2020/2022(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Calls, moreover, for a regular public reporting obligation for national authorities, including standardised data on the number of removal requests and their legal bases, on the number of removal requests which were subject to administrative or judicial remedies, on the outcome of these proceedings, and on the total number of decisions imposing penalties, including a description of the type of penalty imposed;
Amendment 5 #
2020/2019(INL)
Motion for a resolution
Citation 7 b (new)
Citation 7 b (new)
- having regard to the Recommendation of the Commission of 1 March 2018 on measures to effectively tackle illegal content online (C(2018) 1177),
Amendment 9 #
2020/2019(INL)
Motion for a resolution
Citation 7 f (new)
Citation 7 f (new)
- having regard to the Directive (EU) 2017/541/EU of the European Parliament and of the Council of 15 March 2017 on combating terrorism,
Amendment 22 #
2020/2019(INL)
Motion for a resolution
Recital B a (new)
Recital B a (new)
Ba. whereas digital services are used by the majority of Europeans on a daily basis, but are subject to an increasingly wide set of rules across the EU leading to significant fragmentation on the market and consequently legal uncertainty for European users and services operating cross-borders, combined with lack of regulatory control on key aspects of today's information environment;
Amendment 54 #
2020/2019(INL)
Motion for a resolution
Recital H
Recital H
Amendment 60 #
2020/2019(INL)
Motion for a resolution
Recital H a (new)
Recital H a (new)
Ha. whereas automated content removal mechanisms of digital service providers should be proportionate, covering only those justified cases, where the benefits of removing content outweigh the potential disadvantages of keeping content online; whereas these procedures should be also transparent and their terms and conditions should be made known prior to the users would use the service;
Amendment 93 #
2020/2019(INL)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Proposes that the Digital Services Act follow a sector and problem-specific approach and make a clear distinction between illegal and harmful content when elaborating the appropriate policy options;
Amendment 98 #
2020/2019(INL)
Motion for a resolution
Paragraph 2 d (new)
Paragraph 2 d (new)
2d. Proposes that the Digital Services Act set the obligation for digital service providers without a permanent establishment in the EU to designate a legal representative for the interest of users within the European Union and to make the contact information of this representative visible and accessible on its website;
Amendment 99 #
2020/2019(INL)
Motion for a resolution
Paragraph 2 e (new)
Paragraph 2 e (new)
2e. Underlines the importance that online platforms hosting or moderating content online should bear more responsibility for the content they host and should act in order to proactively prevent illegality;
Amendment 105 #
2020/2019(INL)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Considers that following the actions of digital service providers any final decision on the legality of user- generated content must be made by an independent judiciary and not a private commercial entity;
Amendment 110 #
2020/2019(INL)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Insists that the regulation must proscribe content moderation practices that are discriminatoryproportionate or unduly go beyond the purpose of protection under the law;
Amendment 118 #
2020/2019(INL)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Recommends the establishment of a European Agency tasked with monitoring and enforcing compliance with contractual rights as regards content management, auditing any algorithms used fornetwork of national authorities tasked with monitoring the practice of automated content moderationfiltering and curation, and imposing penalties for non-compliancereporting to the EU institutions;
Amendment 129 #
2020/2019(INL)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Suggests that content hosting platformdigital service providers regularly submit transparency reports to the European Agencynetwork of national authorities and the European Commission, concerning the compliance of their terms and conditions with the provisions of the Digital Services Act; further suggests that content hosting platforms publish, statistics and data related to the automated content filtering and their decisions on removing user- generated content on a publicly accessible database;
Amendment 138 #
2020/2019(INL)
Motion for a resolution
Paragraph 7
Paragraph 7
7. RecommendConsiders the establishment of independent dispute settlement bodies in the Member States, tasked with settling disputes regarding content moderation;
Amendment 149 #
2020/2019(INL)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Takes the firm position that the Digital Services Act must not contain provisions forcing content hosting platforms to employ any form of fully automated ex-ante controls of content, and considers that any such mechanism voluntarily employed by platforms must be subject to audits by the European Agency to ensure that there is compliance with the Digital Services Actdigital service providers to employ automated filtering mechanism that goes beyond the level of protection required by the law, however encourages digital service providers to employ such a mechanism in order to combat against illegal content online;
Amendment 242 #
2020/2019(INL)
Motion for a resolution
Annex I – part A – part I – section 1 –– indent 1 b (new)
Annex I – part A – part I – section 1 –– indent 1 b (new)
- It should make a clear distinction between illegal and harmful content when it comes to applying the appropriate policy options.
Amendment 244 #
2020/2019(INL)
Motion for a resolution
Annex I – part A – part I – section 1 –indent 2
Annex I – part A – part I – section 1 –indent 2
- It should provide principles for content moderation, including as regards discriminatory content moderation practices.
Amendment 254 #
2020/2019(INL)
Motion for a resolution
Annex I – part A – part I – section 1 –indent 4
Annex I – part A – part I – section 1 –indent 4
- It should provide rules for an independent dispute settlement mechanism by respecting the national competences of the Member States.
Amendment 264 #
2020/2019(INL)
Motion for a resolution
Annex I – part A – part I – section 2 – introductory part
Annex I – part A – part I – section 2 – introductory part
A European Agency on Content Managementnetwork of national authorities should be established with the following main tasks:
Amendment 269 #
2020/2019(INL)
Motion for a resolution
Annex I – part A – part I – section 2 – indent 1 a (new)
Annex I – part A – part I – section 2 – indent 1 a (new)
- regular monitoring the practice of automated content filtering and curation, and reporting to the EU institutions;
Amendment 275 #
2020/2019(INL)
Motion for a resolution
Annex I – part A – part I – section 2 – indent 3 a (new)
Annex I – part A – part I – section 2 – indent 3 a (new)
- cooperate and coordinate with the national authorities of Member States related to the implementation of the Digital Services Act.
Amendment 309 #
2020/2019(INL)
Motion for a resolution
Annex I – part A – part I – section 3 –– introductory part
Annex I – part A – part I – section 3 –– introductory part
The Digital Services Act should contain provisions requiring content hosting platforms to regularly provide transparency reports to the AgencyCommission and the network of national authorities. Such reports should, in particular, include:
Amendment 377 #
2020/2019(INL)
Motion for a resolution
Annex I – part B – recital 9
Annex I – part B – recital 9
Amendment 383 #
2020/2019(INL)
Motion for a resolution
Annex I – part B – recital 9 a (new)
Annex I – part B – recital 9 a (new)
(9a) This Regulation does not prevent platforms from using an automated content mechanism where necessary and justified, and in particular promotes the use of such mechanism in the case the illegal nature of the content has either been established by a court or it can be easily determined without contextualisation.
Amendment 384 #
2020/2019(INL)
Motion for a resolution
Annex I – part B – recital 10
Annex I – part B – recital 10
(10) This Regulation should also include provisions against discriminatory content moderation practices, especially when user-created content is removed based on appearance, ethnic origin, gender, sexual orientation, religion or belief, disability, age, pregnancy or upbringing of children, language or social clasunjustified content moderation practices.
Amendment 402 #
2020/2019(INL)
Motion for a resolution
Annex I – part B – recital 21
Annex I – part B – recital 21
Amendment 417 #
2020/2019(INL)
Motion for a resolution
Annex I – part B – Article 3 –point 2
Annex I – part B – Article 3 –point 2
(2) ‘'illegal content’' means any concept, idea, expression or information in any format such as text, images, audio and videoinformation which is not in compliance with Union law or the law of a Member State concerned;
Amendment 428 #
2020/2019(INL)
Motion for a resolution
Annex I – part B – Article 4 – paragraph 2
Annex I – part B – Article 4 – paragraph 2
Amendment 434 #
2020/2019(INL)
Motion for a resolution
Annex I – part B – Article 4 a (new)
Annex I – part B – Article 4 a (new)
Amendment 437 #
2020/2019(INL)
Motion for a resolution
Annex I – part B – Article 4 b (new)
Annex I – part B – Article 4 b (new)
Article 4b Transparency obligation 1. Digital services actively hosting or moderating online content shall take the necessary measures in order to disclose the funding and the power of interest groups behind those using their services so that the person legally responsible and accountable should be identifiable. 2. Digital service providers without a permanent establishment in the EU shall designate a legal representative for user interest within the European Union and make the contact information of this representative visible and accessible on their websites.
Amendment 470 #
2020/2019(INL)
Motion for a resolution
Annex I – part B – Article 12 – paragraph 1
Annex I – part B – Article 12 – paragraph 1
Amendment 474 #
2020/2019(INL)
Motion for a resolution
Annex I – part B – Article 12 – paragraph 1 a (new)
Annex I – part B – Article 12 – paragraph 1 a (new)
Digital service providers should act expeditiously to make unavailable or remove illegal content that has been notified to them and make best efforts to prevent future uploads of the same content.
Amendment 485 #
2020/2019(INL)
Motion for a resolution
Annex I – part B – Article 14 – paragraph 3 a (new)
Annex I – part B – Article 14 – paragraph 3 a (new)
3a. Both the place where the content has been uploaded and accessed shall be deemed to constitute a ground of jurisdiction
Amendment 2 #
2020/2018(INL)
Draft opinion
Paragraph -1 a (new)
Paragraph -1 a (new)
-1 a. Stresses that the Digital Services Act should provide a level-playing field by offering sufficient legal clarity regarding the concepts and definitions included in the legislation and by applying to all relevant actors offering digital services in the Union, regardless of whether they are established inside or outside the Union;
Amendment 4 #
2020/2018(INL)
Draft opinion
Paragraph 1
Paragraph 1
1. Underlines that digital services and their underlying algorithms need to fully respect fundamental rights, especially the protection of privacy and personal data, non-discrimination, the rights of the child, and the freedom of speech and information, as enshrined in the Treaties and the Charter of Fundamental rights of the European Union; calls therefore on the Commission to implement an obligation of transparency, user-friendliness and explainabilitytion in layman’s terms for consumers of algorithms, and the possibility of human intervention, as well as other measures, such as independent audits and specific stress tests to assist and enforce compliance;
Amendment 11 #
2020/2018(INL)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. Considers that illegal content online should be treated in the same way as illegal content offline, while fully respecting fundamental rights; points out that illegal content online does not only undermine citizens' trust in the digital environment but may also have grave and long-lasting consequences for internal security and fundamental rights, especially of children; underlines that the swift and consistent detection and removal or blocking of illegal content online continues to be an urgent challenge as national approaches towards the removal or blocking of illegal content online lack sufficient harmonisation; acknowledges that a differentiation has to be made between the various types of illegal content online as some content, notably child sexual exploitation material, is manifestly illegal while the nature of other types of content might depend on the applicable national law or can only be ascertained through contextualisation;
Amendment 14 #
2020/2018(INL)
Draft opinion
Paragraph 1 b (new)
Paragraph 1 b (new)
1 b. Stresses that exclusive reliance on notice-and-take-down measures and voluntary action by online intermediaries is not sufficient to effectively address illegal content online; believes that the responsibility of online intermediaries to tackle manifestly illegal content on their platforms and the infrastructure they provide should be considerably increased, while taking into account their scale of reach and operational capacities; underlines the importance to complement this responsibility with effective remedies to be made available to content providers whose content was removed; emphasises, in this regard, that an explicit legal basis for proactive measures to detect and remove or block known illegal content is needed in addition to clear rules on duty of care to ensure compliance with the requirements of Regulation (EU) 2016/679 of the European Parliament and of the Council (GDPR)1c; _________________ 1cRegulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 4.5.2016, p. 1).
Amendment 16 #
2020/2018(INL)
Draft opinion
Paragraph 1 c (new)
Paragraph 1 c (new)
1 c. Highlights that illegal content online can easily be multiplied and its negative impact amplified within a very short period of time; reminds that Facebook alone blocked 1.2 million copies of the video of the March 2019 Christchurch attacks at the point of upload and removed another 300,000 copies within 24 hours of the attack, which would not have been possible if each individual removal or blocking decision had been subject to human verification; believes, therefore, that online intermediaries should be expressly allowed to have recourse to automated tools to detect and remove or block access to content whose illegality has either been established by a court or whose illegal nature can be easily determined without contextualisation; stresses, however, that there should be no general monitoring obligation;
Amendment 17 #
2020/2018(INL)
Draft opinion
Paragraph 1 d (new)
Paragraph 1 d (new)
1 d. Reiterates, moreover, that cooperation between online intermediaries and competent national authorities should be improved to ensure the swift blocking or removal of content flagged by competent authorities and the successful investigation and prosecution of illegal content providers; underlines the importance to harmonise the rules and procedures across the Union in relation to content removals or blockings following notifications by law enforcement, including appropriate time limits for responses to legitimate removal requests and sanctions for systematic failure to respond to such requests;
Amendment 18 #
2020/2018(INL)
Draft opinion
Paragraph 1 e (new)
Paragraph 1 e (new)
1 e. Stresses the need to ensure that removal or blocking decisions are accurate, well-founded and respect fundamental rights; reiterates that access to judicial redress should available to content providers to satisfy the right to effective remedy; highlights, in this regard, that transparency obligations should be imposed on online intermediaries as regards the criteria applied to decide on removals or blockings and the technology used to guarantee the application of necessary safeguards and to avoid discrimination and unnecessary removals or blockings; believes furthermore that more transparency is required, both on the side of online platforms and law enforcement authorities, regarding the types of content removed and the reasons therefor;
Amendment 19 #
2020/2018(INL)
Draft opinion
Paragraph 2
Paragraph 2
2. Emphasises that the rapid development of digital services requires strong and future-proof legislation tohat protects privacy and a, provides reasonable duty of care to ensure digital dignity and effectively addresses illegal content; stresses therefore in this regard that all digital service providers need to fully respect Union data protection law, namely Regulation (EU) 2016/679 of the European Parliament and of the Council (GDPR)1 and Directive (EC) 2002/58 of the European Parliament and of the Council (ePrivacy)2 , currently under revision, and othe freedom of expressionr Union legislation which includes obligations upon them with the aim to balance the right of users to freedom of expression with the right to liberty and security; _________________ 1Regulation (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). 2 Directive 2002/58/EC of the European Parliament and of the Council of 12 July 2002 concerning the processing of personal data and the protection of privacy in the electronic communications sector (Directive on privacy and electronic communications) (OJ L 201, 31.7.2002, p. 37).
Amendment 45 #
2020/2018(INL)
Draft opinion
Paragraph 3
Paragraph 3
3. Recommends the Commission to work on harmonising the national personalelectronic identification sign-insystem with a view to creating a single Union sign-in system in order toelectronic identification system for EU citizens which ensures the protection of personal data and age verification, especially for children, and makes public services more accessible to everyone; considers that such a system should be secure and only process the data that is necessary for the identification of the user;
Amendment 59 #
2020/2018(INL)
Draft opinion
Paragraph 5
Paragraph 5
5. Notes the potential negative impact ofat behavioural advertising, including micro-targeted advertising, and of assessment of individuals, may better address potential needs than contextual advertising but can also have negative impacts, especially on minors and other vulnerable groups, by interfering in the private life of individuals, posing questions as to the collection and use of the data used to target said advertising, offering products or services or, setting prices; calls therefore on the Commission to introduce, or influencing democratic processes and elections; calls therefore on the Commission to introduce specific requirements with regard to behavioural advertising to protect fundamental rights, including a limitation on micro-targeted advertisements, especially on vulnerable groups, and a prohibition on the use of discriminatory practices for the provision of services or products.;
Amendment 69 #
2020/2018(INL)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. is concerned about the fragmentation of public oversight and supervision of digital services and the frequent lack of financial and human resources for the oversight bodies needed to properly fulfil their tasks; calls for increased cooperation with regard to regulatory oversight of digital services; supports the creation of an independent EU body to ensure harmonised implementation of and compliance with applicable rules;
Amendment 74 #
2020/2018(INL)
Draft opinion
Paragraph 5 b (new)
Paragraph 5 b (new)
5 b. highlights the importance of user empowerment with regard to the enforcement of their own fundamental rights online; considers that users should be provided with easy access to complaint procedures, legal remedies, educational measures and awareness-raising on data protection issues;
Amendment 6 #
2020/2016(INI)
Motion for a resolution
Citation 4 a (new)
Citation 4 a (new)
- having regard to the European ethical Charter on the use of Artificial Intelligence in judicial systems and their environment of the European Commission for the Efficiency of Justice (CEPEJ) of the Council of Europe;
Amendment 7 #
2020/2016(INI)
Motion for a resolution
Citation 6 a (new)
Citation 6 a (new)
- having regard to the ‘Ethics Guidelines for Trustworthy AI’ of the High-Level Expert Group on Artificial Intelligence set up by the Commission of 8 April 2019;
Amendment 15 #
2020/2016(INI)
Motion for a resolution
Recital A
Recital A
A. whereas digital technologies in general and the proliferation of data processing and analytics enabled by artificial intelligence (AI) in particular bring with them extraordinary promise; whereas AI isdevelopment has made a big leap forward in recent years which makes it one of the strategic technologies of the 21st century, generating substantial benefits in efficiency, accuracy, and convenience, and thus bringing positive change to the European economy and society; whereas AI should not be seen as an end in itself, but as a tool for serving people, with the ultimate aim of increasing human well-being, human capabilities and safety;
Amendment 28 #
2020/2016(INI)
Motion for a resolution
Recital B
Recital B
B. whereas the development of AI must respect the values on which the Union is founded, in particular human dignity, freedom, democracy, equality, the rule of law, and human and fundamental rights, have to be respected throughout the life cycle of AI tools, notably during their design, development, deployment and use;
Amendment 34 #
2020/2016(INI)
Motion for a resolution
Recital C
Recital C
C. whereas trustworthy AI systems need to be accountable, designed for all (including consideration of vulnerable, marginalised populations in their design), be non-discriminatory, safe and transparent, and respect human autonomy and fundamental rightsnon-discriminatory, safe and transparent, and respect human autonomy and fundamental rights in order to be trustworthy, as described in the Ethics Guidelines of the High-Level Expert Group on Artificial Intelligence;
Amendment 39 #
2020/2016(INI)
Motion for a resolution
Recital D
Recital D
D. whereas the Union together with the Member States bear a critical responsibility for ensuring that policy choicedecisions surrounding the development, deployment and uslife-cycle of AI applications in the field of the judiciary and law enforcement are made in a transparent manner, respect the principles of necessity and proportionality, and guarantee that the policies and measures adopted will fully safeguard fundamental rights within the Union and fully safeguard fundamental rights; whereas the relevant policy choices should respect the principles of necessity and proportionality;
Amendment 44 #
2020/2016(INI)
Motion for a resolution
Recital E
Recital E
E. whereas AI applications offer great opportunities in the field of law enforcement, in particular in improving the working methods of law enforcement agencies and judicial authorities, and preventing and combating certain types of crime more efficiently, in particular financial crime, money laundering and terrorist financing, as well as certain types of cybercrime, thereby contributing to the safety and security of EU citizens;
Amendment 48 #
2020/2016(INI)
Motion for a resolution
Recital F
Recital F
Amendment 55 #
2020/2016(INI)
Motion for a resolution
Recital G
Recital G
G. whereas AI applications in use by law enforcement include applications such as facial recognition technologies, e.g. to search suspect databases and identify victims of human trafficking or child sexual exploitation and abuse, automated number plate recognition, speaker identification, speech identification, lip- reading technologies, aural surveillance (i.e. gunshot detection algorithms), autonomous research and analysis of identified databases, forecasting (predictive policing and crime hotspot analytics), behaviour detection tools, advanced virtual autopsy tools to help determine the cause of death, autonomous tools to identify financial fraud and terrorist financing, social media monitoring (scraping and data harvesting for mining connections), international mobile subscriber identity (IMSI) catchers, and automated surveillance systems incorporating different detection capabilities (such as heartbeat detection and thermal cameras); whereas the aforementioned applications have vastly varying degrees of reliability and accuracy;
Amendment 61 #
2020/2016(INI)
Motion for a resolution
Recital H
Recital H
H. whereas AI tools and applications are also used by the judiciary worldwide, including in sentencing, calculating probabilities for reoffending and in determining probation, online dispute resolution, case law management, and the provision of facilitated access to the law;
Amendment 64 #
2020/2016(INI)
Motion for a resolution
Recital H a (new)
Recital H a (new)
H a. whereas the applications of AI in law enforcement and the judiciary are in different development stages, ranging from conceptualisation through prototyping or evaluation to post-approval use; whereas new possibilities of use may arise in the future as the technology becomes more mature due to ongoing intensive scientific research worldwide;
Amendment 66 #
2020/2016(INI)
Motion for a resolution
Recital I
Recital I
I. whereas the use of AI in law enforcement entails a number of potential risks, such as opaque decision-making, different types of discrimination, and errors inherent in the underlying algorithm which can be reinforced by feedback loops, as well as risks to the protection of privacy and personal data, the protection of freedom of expression and information, and the presumption of innocence; whereas the extent of these risks varies between different applications and depending on the purpose of their use;
Amendment 72 #
2020/2016(INI)
Motion for a resolution
Recital I a (new)
Recital I a (new)
I a. whereas some countries make greater use of AI applications in law enforcement and the judiciary than others, which is partly due to a lack of regulation and regulatory differences which enable or prohibit AI use for certain purposes;
Amendment 74 #
2020/2016(INI)
Motion for a resolution
Recital J
Recital J
J. whereas AI systems used by law enforcement and judiciary are also vulnerable to AI- empowered attacks or data poisoning, whereby a wrong data set is included on purpose to produce biased results; whereas in these situations the resulting damage is potentially even morery significant, and can result in exponentially greater levels of harm to both individuals and groups;
Amendment 83 #
2020/2016(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. RWelcomes the positive contribution of AI applications to the work of law enforcement and judicial authorities across the Union as a key enabling technology to ensure safety and security of citizens; highlights e.g. the enhanced case law management achieved by tools allowing for additional search options; believes that there is a wide range of other potential uses for AI by law enforcement and the judiciary which should be explored, subject to methodological precautions and scientific assessments; reiterates that, as processing large quantities of data is at the heart of AI, the right to the protection of private life and the right to the protection of personal data apply to all areas of AI, and that the Union legal framework for data protection and privacy must be fully complied with;
Amendment 92 #
2020/2016(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Reaffirms that all AI solutions for law enforcement and the judiciary also need to fully respect the principles of non- discrimination, freedom of movement, the presumption of innocence and right of defence, freedom of expression and information, freedom of assembly and of association, equality before the law, the principle of equality of arms, and the right to an effective remedy and a fair trial;
Amendment 95 #
2020/2016(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. Acknowledges that the speed at which AI applications are developed around the world necessitates a future- oriented approach and that any attempts at exhaustive listing of applications will quickly become outdated; calls, in this regard, for a clear and coherent governance model that guarantees the respect of fundamental rights, but also allows companies and organizations to further develop artificial intelligence applications;
Amendment 99 #
2020/2016(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Considers, in this regard, that safeguards should be proportionate to potential risks associated with the use specific AI applications; believes that any AI tool either developed or used by law enforcement or judiciary should, as a minimum, be safe, robust, secure and fit for purpose, respect the principles of fairness, accountability, transparency and, non- discrimination as well as explainability, with their deployment subject to a strict necessity and proportionality test;
Amendment 112 #
2020/2016(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Highlights the importance of preventing mass surveillance by means, which per definition does not correspond to the principles of necessity and proportionality; strongly supports high thresholds for and transparency in the use of AI technologies, and of banning applications that would result in it; applications that could result in it; calls for law enforcement or the judiciary to use AI applications that adhere to the privacy-by- design principle whenever possible to avoid function creep;
Amendment 124 #
2020/2016(INI)
5. Stresses the potential for bias and discrimination arising from the use of machine learning and AI applications; notes that biases can beAI applications such as machine learning; notes that discrimination can result from biases inherent in underlying datasets, especially when historical data is being used, introduced by the developers of the algorithms, or generated when the systems are implemented in real world settings;
Amendment 130 #
2020/2016(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Underlines the fact that many algorithmically driven identification technologies that are currently in use disproportionately misidentify non-white people, childaccording to ethnicity, age and gender; considers, thereforen, the elderly, as well as womenat strong scientific and ethical standards are needed and that strong efforts should be made to avoid automated discrimination and bias;
Amendment 134 #
2020/2016(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6 a. Calls for strong additional safeguards in case AI systems in law enforcement or the judiciary are used on or in relation to minors, who are particularly vulnerable;
Amendment 137 #
2020/2016(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
Amendment 141 #
2020/2016(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. UTakes note of the risks related to data leaks, data security breaches and unauthorised access to personal data and other information related to criminal investigations or court cases that are processed by AI systems; underlines that security and safety aspects of AI systems used in law enforcement need to be carefully considered, and be sufficiently robust and resilient to prevent the potentially catastrophic consequences of malicious attacks on AI systems;
Amendment 148 #
2020/2016(INI)
9. Considers it necessary to create a clear and fair regime for assigning legal responsibility and liability for the potential adverse consequences produced by these advanced digital technologies;
Amendment 151 #
2020/2016(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9 a. Calls for the adoption of appropriate procurement processes for AI systems by Member States and EU agencies when used in law enforcement or judicial context, so as to ensure their compliance with fundamental rights;
Amendment 157 #
2020/2016(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Underlines that in judicial and law enforcement contexts, the final decision always needs to be taken by a human, who can be held accountable for the decisions made, and includeTakes the view that law enforcement and judicial authorities that make use of AI systems need to uphold high legal standards, in particular when analysing data; underlines the need to ensure human intervention and accountability throughout the different stages of decision-making, to assess both the quality of the data and the appropriateness of each decision taken on the basis of that information; considers that persons subject to these systems should be given the possibility of a recourse for a remedy;
Amendment 163 #
2020/2016(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Calls for algorithmic explainability and transparency as a necessary part of oversight in order to ensure that the development, deployment and use of AI systems for judiciary and law enforcement comply with fundamental rights, and are trusted by citizens, as well as in order to ensure that results generated by AI algorithms can be rendered intelligible to users and to those subject to these systems, and that there is transparency on the source data and how the system arrived at a certain conclusion;
Amendment 167 #
2020/2016(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Calls for traceability of AI systems that defines the capabilitiethe decision making process of AI systems within law enforcement and the judiciary which outlines the functions and limitations of the systems, and keeps track of where the defining attributes for a decision originate, for instance through compulsory documentation obligations;
Amendment 172 #
2020/2016(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Calls for a compulsory fundamental rights impact assessment to be conducted prior to the implementation or deployment of any AI systems for law enforcement or judiciary purposes, in order to assess any potential risks to fundamental rights and, where necessary, define appropriate safeguards to address these risks;
Amendment 174 #
2020/2016(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13 a. Deplores that many law enforcement and judicial authorities in the EU lack the funding, capacities and capabilities to reap the benefits AI tools can offer for their work; encourages law enforcement and judicial authorities to identify, structure and categorise their needs to enable the development of tailor- made AI solutions and to exchange best practices on AI deployment; stresses the need to provide the authorities with the necessary funding, as well as to equip them with the necessary expertise to guarantee full compliance with the ethical, legal and technical requirements attached to AI deployment;
Amendment 175 #
2020/2016(INI)
Motion for a resolution
Paragraph 13 b (new)
Paragraph 13 b (new)
Amendment 176 #
2020/2016(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Calls for periodic mandatory auditing of all AI systems used by law enforcement and the judiciary to test and evaluatean adequate institutional framework, including proper regulatory and supervisory oversight, to ensure proper implementation; calls for periodic mandatory auditing of all AI systems used by law enforcement and the judiciary by an independent authority to test and evaluate the context, purpose, accuracy, performance, and scale of algorithmic systems once they are in operation, in order to detect, investigate, diagnose and rectify any unwanted and adverse effects and thereby ensure continuous compliance with the applicable regulatory framework;
Amendment 179 #
2020/2016(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14 a. Supports the recommendations of the Commission’s High-Level Expert Group on AI for a ban on AI-enabled mass scale scoring of individuals; considers that any form of normative citizen scoring on a large scale by public authorities, in particular within the field of law enforcement and the judiciary, leads to the loss of autonomy, endangers the principle of non-discrimination and cannot be considered in line with European values;
Amendment 181 #
2020/2016(INI)
Motion for a resolution
Paragraph 14 b (new)
Paragraph 14 b (new)
14 b. Welcomes the recommendations of the Commission’s High-Level Expert Group on AI for a proportionate use of biometric recognition technology; shares the view that the use of remote biometric identification should always be considered “high risk” and therefore be subject to additional requirements;
Amendment 182 #
2020/2016(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Calls for a moratoriumStrongly believes that the deployment of facial recognition systems by law enforcement should be limited to clearly warranted purposes in full respect onf the deployment of facial recognition systems for law enforcement, until the technical standardapplicable law; reaffirms that as a minimum, the use of facial recognition technology must comply with the requirements of data minimisation, data accuracy, storage limitation, data security and accountability, as well as being lawful, fair, transparent and following a specific, explicit and legitimate purpose that is clearly defined in Member State or Union law; reminds that these systems are already successfully used, inter alia to search suspect databases and identify victims of human trafficking or child sexual exploitation and abuse; emphasises the need to ensure that the technical standards and underlying algorithms can be considered fully fundamental rights compliant, and that results derived are non-discriminatory, and there is public trust ; believes that this will be decisive to ensure public trust and support regarding the necessity and proportionality ofor the deployment of such technologies;
Amendment 190 #
2020/2016(INI)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15 a. Notes that predictive policing is among the AI applications used in the area of law enforcement; acknowledges that this can allow law enforcement to work more effectively and proactively, but warns that while predictive policing can analyse the necessary data sets for the identification of patterns and correlations, it cannot answer the question of causality and therefore cannot constitute the sole basis for an intervention;
Amendment 194 #
2020/2016(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Calls for greater overall transparency from Member States, and for a comprehensive understanregarding of the use of AI applications in the Union, broken down by Member State law enforcement and judicial authority, the type of tool in use, the types of crime they are applied to, and the companies whose tools are being used; requests Member States to provide an overview of the tools used by their law enforcement and judicial authorities, the purposes for which they are used, and the names of the companies or organizations which have developed those tools;
Amendment 197 #
2020/2016(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16 a. Reminds that AI applications, including applications used in the context of law enforcement and the judiciary, are being developed globally at a rapid pace; urges all European stakeholders, including the Commission and EU agencies, to ensure international cooperation and to engage third country partners in order to find a common and complementary ethical framework for the use of AI, in particular for law enforcement and the judiciary;
Amendment 26 #
2020/2012(INL)
Draft opinion
Paragraph 1
Paragraph 1
1. Believes that any ethical framework should seek to respect human autonomy, prevent harm, promote fairness and inclusion - especially of citizens living with disabilities -, fight discrimination, also of minority groups, and respect the principle of explicability of technologies;
Amendment 41 #
2020/2012(INL)
Draft opinion
Paragraph 2
Paragraph 2
2. Stresses the importance of developingat citizens' trust in AI can only be built on an “ethics-by-default and by design”al framework which fully respect the Charter of Fundamental Rights of the European Union, Union law and the Treaties;
Amendment 42 #
2020/2012(INL)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Calls on the European Union and on the Member States to promote public awareness of the risks and opportunities of the use of AI as an ethical requirement.
Amendment 49 #
2020/2012(INL)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Expects the Commission to integrate a strong ethical framework into the forthcoming legislative proposal as a follow up to the White Paper on Artificial Intelligence, including on safety, liability, fundamental rights and data protection, which maximises the opportunities and minimises the risks of AI technologies;
Amendment 52 #
2020/2012(INL)
Draft opinion
Paragraph 3 b (new)
Paragraph 3 b (new)
3b. Expects that the forthcoming legislative proposal will include policy solutions to the major recognised risks of Artificial Intelligence including, amongst others, on the ethical collection and use of Big Data, the issue of algorithmic transparency and algorithmic bias;
Amendment 55 #
2020/2012(INL)
Draft opinion
Paragraph 4
Paragraph 4
4. Is of the opinion that effective cross- border cooperation and ethical standards can be achieved only if all stakeholders seek to ensure human agency and oversight, and respect the established principles of privacy and data governance, data governance and data protection - specifically those enshrined in Regulation (EU) 2016/679 of the European Parliament and of the Council (GDPR) - , transparency and accountability;
Amendment 73 #
2020/2012(INL)
Draft opinion
Paragraph 6
Paragraph 6
6. Stresses that the protection of networks of interconnected AI and robotics must prevent security breaches, cyber- attacks and the misuse of personal data and that this will require the relevant agencies, bodies and institutions both at the European level and the national level to work in cooperation with end users of these technologies;
Amendment 79 #
2020/2012(INL)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Notes in this regard the provisions laid down in Regulation 2019/881 of the European Parliament and of the Council on ENISA and the Cyber Security Act, particularly ENISA's role in promoting public awareness and education campaigns directed at end users including on potential cyber threats and criminal activities online, and in promoting essential data protection measures; acknowledges the added value of this EU agency in this regard;
Amendment 80 #
2020/2012(INL)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Stresses that the malicious use of AI can pose a risk to the values of our democracies and the fundamental rights of the citizens of the European Union. Calls on the Commission to propose a framework that penalises those who, using this technology, distort the perception of reality through disinformation campaigns, or who provoke cyber-attacks in order to violate digital cyber-security.
Amendment 83 #
2020/2012(INL)
Draft opinion
Paragraph 6 b (new)
Paragraph 6 b (new)
6b. Calls on the Commission and on the Council to provide all the agencies of the European Union with a regulatory framework in the use of AI technology that enables them to have a robust and effective cooperation with the public and private sectors for the protection of citizens, when breaches of security and misuse of personal data occur.
Amendment 90 #
2020/2012(INL)
Draft opinion
Paragraph 7
Paragraph 7
7. Notes that AI and robotic technology in the area of law enforcement and border control could enhance public safety and security; stresses that its use must respect the principles of proportionality and necessity; considers that it should be possible for EU agencies in the field of Justice and Home Affairs to be equipped with the latest AI and robotic technologies, especially for the purposes of law enforcement and border control, and that this should be taken into account in the yearly budgets for the JHA agencies throughout the next MFF period (2021-2027);
Amendment 100 #
2020/2012(INL)
Draft opinion
Paragraph 8
Paragraph 8
8. Stresses that AI and robotics are not immune from making mistakes; emphasises the importance of the right to an explanation when persons are subjected to algorithmic decision-making; considers the need for legislators to reflect upon the complex issue of liability in the context of criminal justice.
Amendment 2 #
2020/2009(INI)
Motion for a resolution
Citation 5
Citation 5
— having regard to the work carried out by the Council of Europe to promote the protection and safety of journalists, including Recommendation CM/Rec(2018)1[1] of the Committee of Ministers to member states on media pluralism and transparency of media ownership and the declaration by the Committee of Ministers on the financial sustainability of quality journalism in the digital age, and the Recommendation CM/Rec(2016)4[1] of the Committee of Ministers to member states on the protection of journalism and safety of journalists and other media actors;
Amendment 4 #
2020/2009(INI)
Motion for a resolution
Citation 5 a (new)
Citation 5 a (new)
— having regard to the Joint Communication of 10 June 2020 entitled ‘Tackling COVID-19 disinformation - Getting the facts right’ (JOIN(2020) 8 final),
Amendment 14 #
2020/2009(INI)
Motion for a resolution
Citation 10 a (new)
Citation 10 a (new)
— having regard to the Commission’s Code of Practice to fight online disinformation, agreed on 26 September 2018,
Amendment 20 #
2020/2009(INI)
Motion for a resolution
Citation 13 a (new)
Citation 13 a (new)
— having regard to the Council conclusions of 26 May 2020 on media literacy in an ever-changing world,
Amendment 47 #
2020/2009(INI)
Motion for a resolution
Recital B
Recital B
B. whereas media capture, the lack of institutional transparency, hate speech and disinformation are increasingly being used as tools to intensify social polarisation, which is in turn exploited for political purposes; whereas combating these phenomena is not only relevant to the domain of human rights, but is also a fundamental factor in terms of the defence of the rule of law and democracy in the EU;
Amendment 56 #
2020/2009(INI)
Motion for a resolution
Recital D
Recital D
D. whereas journalists and other media actors continue to be at risk of violence, threats, harassment, pressure, (self-) censorship, public shaming and even assassination in the EU as a result of their investigative activities to protect the public interest; whereas women journalists face gender-specific forms of violence, such as sexual and online harassment, whereas more than 70% of women working in the media have experienced more than one type of harassment, threat, or attack online; whereas 52% of women have experienced these types of offence in the past year alone;
Amendment 66 #
2020/2009(INI)
Motion for a resolution
Recital E
Recital E
E. whereas in addition to violence, intimidation and harassment of journalists there is lack of prosecution of the perpetrators of these crimes and impunity leads to a chilling effect; whereas OSCE reports that impunity prevails as e.g. less than 15% of murders of journalists in the OSCE region are solved;
Amendment 74 #
2020/2009(INI)
Motion for a resolution
Recital F
Recital F
F. whereas the global COVID-19 crisis is having a devastating social and economic impact on the media sector; whereas media outlets have been reporting considerable losses in their revenue from advertising, whereas thousands of media workers have already lost, or are at risk of losing their jobs, either temporarily or permanently, whereas this has particularly strong impact on freelance journalists whose number is increasing throughout the EU and who constitute already a significant part of all journalists in Europe; whereas financial sustainability of the job and financial independence are a crucial part of press freedom;
Amendment 82 #
2020/2009(INI)
Motion for a resolution
Recital G
Recital G
G. whereas the internet and social media play a role in spreading hate speech and fostering radicalisation leading to violent extremism, through the circulation of illegal content; whereas combating all forms of intolerance is an integral part of human-rights protection as developed by the jurisprudence of the European Court of Human Rights;
Amendment 91 #
2020/2009(INI)
Motion for a resolution
Recital H
Recital H
H. whereas the AVMSD obliges the authorities in every Member State to ensure that audiovisual media services do not contain any incitement to hatred based on race, sex, religion or nationality; whereas the AVMSD obliges Member States to ensure the independence of media regulators;
Amendment 95 #
2020/2009(INI)
Motion for a resolution
Recital I
Recital I
I. whereas the spread of false news and disinformation available via social media or search websites poses a threat to freedom of speech and expression and the independence of the media, and has strongly impaired the credibility of the traditional media; whereas data analysis and algorithms have an increasing impact on the information made accessible to citizens;
Amendment 100 #
2020/2009(INI)
Motion for a resolution
Recital J
Recital J
J. whereas disinformation related to COVID-19 may cause panic and social unrest and needs to be addressed; whereas measures to combat disinformation cannot be used as a pretext for introducing disproportionate restrictions on press freedom; whereas reports indicate that coordinated campaigns have been running across EU Member States and neighbouring regions, promoting false health information and disinformation about the EU and its partners; whereas the Commission addresses these phenomena in its recent joint communication on tackling COVID-19 disinformation;
Amendment 102 #
2020/2009(INI)
Motion for a resolution
Recital J
Recital J
J. whereas disinformation related to COVID-19 may cause panic and social unrest and needs to be addressed; whereas measures to combat disinformation cannot be used as a pretext for introducing disproportionate restrictions on press freedom; whereas pluralism of information sources, accountability and institutional transparency are a primary defensive barrier against disinformation
Amendment 128 #
2020/2009(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Strongly reiterates its call on the Commission to treat attempts by Member State governments to damage media freedom and pluralism as constituting a serious and systematic abuse of powers and as going against the fundamental values of the EU as enshrined in Article 2 TEU; welcomes, therefore, the Commission’s intention to include a specific chapter on monitoring media freedom and pluralism in its Annual Report on the Situation of the Rule of Law within the EU; urges the Commission to take into account the impact of the emergency measures taken in 2020 in the context of COVID-19 on press freedom, institutional transparency, accountability, media pluralism and safety of journalists; in this context, recalls Parliament’s repeated call for a permanent, independent and comprehensive mechanism covering democracy, the rule of law and fundamental rights in the EU;
Amendment 134 #
2020/2009(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Highlights the irreplaceable role of public service media and stresses that it is essential to ensure and maintain their independence from political interference; highlights as well the need to ensure the financial independence and the conditions for the sustainability of the activities of private market operators to avoid media capture; reiterates in this context Parliament’s call for an ambitious EU media action plan; condemns attempts by Member State governments to silence critical media and undermine media freedom and pluralism, in particular attempts to control public service media; deplores the fact that in some Member States public broadcasting has become an example of single political party propaganda, which often excludes opposition and minority groups from society and even incites violence; draws attention to the recommendations included in the Resolution 2255 (2019) of PACE that calls on the Member States to guarantee editorial independence, as well as sufficient and stable funding, for public service media; stresses that safeguarding independent authorities and ensuring strong independent oversight of audiovisual media against undue state and commercial intervention is crucial; calls on the Commission to present a legal framework to supervise the operation of public service media providers, including whether they fulfil the criteria of prudent management and task-based financing, and if their services fulfil the expectations of fact-based, fair and ethical journalism;
Amendment 141 #
2020/2009(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Highlights the irreplaceable role of public service media and stresses that it is essential to ensure and maintain their independence from political interference; condemns attempts by Member State governments to silence critical media and undermine media freedom and pluralism; warns of the attempts to indirectly subdue them by means of financial patronage, and condemns, in particular, attempts to control public service media; deplores the fact that in some Member States public broadcasting has become an example of single political party propaganda, which often excludes opposition and minority groups from society and even incites violence; stresses that safeguarding independent authorities and ensuring strong independent oversight of audiovisual media against undue state and commercial intervention is crucial;
Amendment 158 #
2020/2009(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Reiterates its concern that few specific legal or policy frameworks protecting journalists and media workers from violence, threats and intimidation can be identified at national level within the EU; calls on the Member States and the Commission to ensure the effective protection and safety of journalists and other media actors as well as of their sources, including in a cross-border context; reiterates its call to Member States to take a gender-sensitive approach when considering measures to address the safety of journalists; strongly reiterates its call on the Commission to present proposals to prevent so-called ‘Strategic Lawsuits Against Public Participation’ (SLAPP);
Amendment 176 #
2020/2009(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Stresses that excessive concentration of the content-producing and content-distributing sectors may threaten citizens’ access to a range of content; underlines that media pluralism, which depends on the existence of a diversity of media ownership and of content as well as independent journalism, is key to challenging the spread of disinformation and ensuring that EU citizens are well- informed; reminds that according to the Media Pluralism Monitor conclusions the media ownership concentration remains one of the most significant risks to media pluralism and is seen as creating barriers to the diversity of information; calls on the Commission to monitor the implementation at Member States level of existing EU instruments against ownership concentration and illegal state aid to increase diversity in the media landscape;
Amendment 188 #
2020/2009(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Is concerned about attempts to take advantage of the COVID-19 pandemic to punish independent and critical media and introduce restrictions on the media’s access to and scrutiny of government decisions and actions, supressing or mitigating institutional transparency mechanisms by adopting exceptional measures and hampering proper and informed debate on those actions; stresses the role of journalism and the free flow of information as essential to the EU’s efforts to contain the COVID-19 pandemic; points out that journalism plays a crucial function at a moment of public health emergency;
Amendment 195 #
2020/2009(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Calls on the Commission and the Member States to urgently introduce EU and national emergency recovery packages to protect the jobs and livelihoods of media workers, support companies and fund public service media through the COVID- 19 crisiseconomic recovery plan; stresses that in the face of the pandemic European citizens need professional, economically secure and independent journalists; reiterates in this context its call for the creation of a permanent European fund for journalists in the framework of the next MFF (2021- 2027), as redrafted following the COVID- 19 crisis, offering direct financial support for independent journalists and media outlets, freelancers and self-employed media workers; reiterates also in this context its call for an ambitious EU media action plan to support the development of a vibrant and pluralistic media landscape;
Amendment 199 #
2020/2009(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Strongly welcomes the allocation of EU funds to start projects, such as the Europe-wide rapid response mechanism for violations of press and media freedom and a cross-border investigative journalism fund in order to strengthen media freedom and pluralism;
Amendment 218 #
2020/2009(INI)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
Amendment 236 #
2020/2009(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Notes that the new digital environment has exacerbated the problem of the spread of disinformation and has resulted in online platforms playing an influential role in publishing, disseminating and promoting news and other media content; reiterates its concern about the potential threat disinformation poses to freedom of expression and the, democratic discourse, independence of the media and public health;
Amendment 261 #
2020/2009(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Points out that different forms of misinformation and disinformation, as well as other forms of information manipulation relating to the COVID-19 pandemic, continue to proliferate around the world and have potentially harmful consequences for public security, health and effective crisis management; recalls that all measures to combat disinformation, including those taken in the context of the COVID-19 emergency, need to be necessary, proportionate and subject to regular oversight, avoiding any drift leading to public monopoly or concentration of information sources and may under no circumstances prevent journalists and media actors from carrying out their work or lead to content being unduly blocked on the internet;
Amendment 280 #
2020/2009(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Reminds the Commission and the Member States as well as the private sector, in particular online platforms, and civil society as a whole of the need for joint action when it comes to the fight against disinformation, and acknowledges the positive and necessary, yet still insufficient, impact of the voluntary actions taken by service providers and platforms to counter disinformation;
Amendment 283 #
2020/2009(INI)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18a. Calls on the Commission and Member States to improve media literacy through support for educational initiatives aimed at both students and professional educators, as well as through targeted awareness-raising campaigns within civil society, highlights that media literacy is an increasingly essential and critical skill for the modern citizen and consumer and recalls its fundamental role as one of the primary solutions to growing disinformation- and hate speech-related issues;
Amendment 104 #
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 canshould 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 115 #
2020/0361(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) It should be clarified that this Regulation is without prejudice to the rules of Union law on copyright and related rights, which establish specific rules and procedures that should remain unaffected and are lex specialis, prevailing over this Regulation.
Amendment 123 #
2020/0361(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) In order to achieve the objective of ensuring a safe, predictable and trusted online environment, for the purpose of this Regulation the concept of “illegal content” should be defined broadly and also covers information relating to illegal content, products, services and activities. In particular, that concept should be understood to refer to information, irrespective of its form, that under the applicable law is either itself illegal, such as illegal hate speech or terrorist content and unlawful discriminatory content, or that relates to activities that are illegal, such as the sharing of images depicting child sexual abuse, unlawful non- consensual sharing of private images, online stalking, the sale of non-compliant, dangerous or counterfeit products, the non-authorised use of copyright protected material or activities involving infringements of consumer protection law. In this regard, it is immaterial whether the illegality of the information or activity results from Union law or from national law that is consistent with Union law and what the precise nature or subject matter is of the law in question.
Amendment 131 #
2020/0361(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) Considering the particular characteristics of the services concerned and the corresponding need to make the providers thereof subject to certain specific obligations, it is necessary to distinguish, within the broader category of providers of hosting services as defined in this Regulation, the subcategory of online platforms. Online platforms, such as social networks or online marketplaces, should be defined as providers of hosting services that not only store information provided by the recipients of the service at their request, but that also disseminate that information to the public, again at their request. However, in order to avoid imposing overly broad obligations, providers of hosting services should not be considered as online platforms where the dissemination to the public is merely a minor and purely ancillary feature of anotherthe principal service and that feature cannot, for objective technical reasons, be used without that other, principal service, and the integration of that feature is not a means to circumvent the applicability of the rules of this Regulation applicable to online platforms. For example, the comments section in an online newspaper could constitute such a feature, where it is clear that it is ancillary to the main service represented by the publication of news under the editorial responsibility of the publisher.
Amendment 141 #
2020/0361(COD)
Proposal for a regulation
Recital 18
Recital 18
(18) The exemptions from liability established in this Regulation should not apply where, instead of confining itself to providing the services neutrally, by a merely technical and automatic processing of the information provided by the recipient of the service, the provider of intermediary services plays an active role of such a kind as to give it knowledge of, or control over, that information. A provider of intermediary services plays an active role when assistance is given to the recipient of the service, notably for the optimizing and the promotion of the content offered. Those exemptions should accordingly not be available in respect of liability relating to information provided not by the recipient of the service but by the provider of intermediary service itself, including where the information has been developed under the editorial responsibility of that provider.
Amendment 144 #
2020/0361(COD)
Proposal for a regulation
Recital 20
Recital 20
(20) AThe provider should not be able to benefit from exemptions from liability provided for in this Regulation where the main purpose is to engage in or facilitate illegal activities or where a provider of intermediary services that deliberately collaborates with a recipient of the services in order to undertake illegal activities and does not provide its service neutrally and should therefore not be able to benefit from the exemptions from liability provided for in this Regulation.
Amendment 153 #
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 on the platforms, 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 181 #
2020/0361(COD)
Proposal for a regulation
Recital 32
Recital 32
(32) The orders to provide information regulated by this Regulation concern the production of specific information about individual recipients of the intermediary service concerned who are identified in those orders for the purposes of determining compliance by the recipients of the services with applicable Union or national rules. Therefore, ois information, which should include the relevant email addresses, telephone numbers, IP addresses and other contact details necessary to ensure such compliance, should be available in respect of all types orders. Orders about information on a group of recipients of the service who are not specifically identified, including orders to provide aggregate information required for statistical purposes or evidence-based policy-making, should remain unaffected by the rules of this Regulation on the provision of information.
Amendment 196 #
2020/0361(COD)
Proposal for a regulation
Recital 40
Recital 40
Amendment 204 #
2020/0361(COD)
Proposal for a regulation
Recital 41
Recital 41
Amendment 213 #
2020/0361(COD)
Proposal for a regulation
Recital 42
Recital 42
(42) Where a hosting service provider decides to remove or disable information provided by a recipient of the service, for instance following receipt of a notice or acting on its own initiative, including through the use of automated means, that provider should inform the recipient of its decision, the reasons for its decision and the available redress possibilities to contest the decision, in view of the negative consequences that such decisions may have for the recipient, including as regards the exercise of its fundamental right to freedom of expression. That obligation should apply irrespective of the reasons for the decision, in particular whether the action has been taken because the information notified is considered to be illegal content or incompatible with the applicable terms and conditions. Available recourses to challenge the decision of the hosting service provider should always include judicial redress.
Amendment 218 #
2020/0361(COD)
Proposal for a regulation
Recital 43 a (new)
Recital 43 a (new)
(43 a) Providers of hosting services play a particularly important role in tackling illegal content online, as they store information provided by and at the request of the recipients of the service and typically give other recipients access thereto, sometimes on a large scale. It is important that all providers of hosting services, regardless of their size, put in place user-friendly notice and action mechanisms that facilitate the notification of specific items of information that the notifying party considers to be illegal content to the provider of hosting services concerned ('notice'), pursuant to which that provider can decide, based on its own assessment, whether or not it agrees with that assessment and wishes to remove or disable access to that content ('action'). Provided the requirements on notices are met, it should be possible for individuals or entities to notify multiple specific items of allegedly illegal content through a single notice. The obligation to put in place notice and action mechanisms should apply, for instance, to file storage and sharing services, web hosting services, advertising servers and paste bins, in as far as they qualify as providers of hosting services covered by this Regulation.
Amendment 219 #
2020/0361(COD)
Proposal for a regulation
Recital 43 b (new)
Recital 43 b (new)
(43 b) The rules on such notice and action mechanisms should be harmonised at Union level, so as to provide for the timely, diligent and objective processing of notices on the basis of rules that are uniform, transparent and clear and that provide for robust safeguards to protect the right and legitimate interests of all affected parties, in particular their fundamental rights guaranteed by the Charter, irrespective of the Member State in which those parties are established or reside and of the field of law at issue. The fundamental rights include, as the case may be, the right to freedom of expression and information, the right to respect for private and family life, the right to protection of personal data, the right to non-discrimination and the right to an effective remedy of the recipients of the service; the freedom to conduct a business, including the freedom of contract, of service providers; as well as the right to human dignity, the rights of the child, the right to protection of property, including intellectual property, and the right to non-discrimination of parties affected by illegal content.
Amendment 245 #
2020/0361(COD)
Proposal for a regulation
Recital 52
Recital 52
(52) Online advertisement plays an important role in the online environment, including in relation to the provision of the services of online platforms. However,Online advertising is a significant source of financing for many digital business models and an effective tool to reach new costumers, not least for small- and medium sized companies. However, there are some instances when online advertisement can contribute to significant risks, ranging from advertisement that is itself illegal content, to contributing to financial incentives for the publication or amplification of illegal or otherwise harmful content and activities online, or the discriminatory display of advertising with an impact on the equal treatment and opportunities of citizens. In addition toBased on the requirements resulting from Article 6 of Directive 2000/31/EC, online platforms should therefore be required to ensure that the recipients of the service have certain individualised information necessary for them to understand when and on whose behalf the advertisement is displayed. In addition, recipients of the service should have information on the main parameters used for determining that specific advertising is to be displayed to them, providing meaningful explanations of the logic used to that end, including when this is based on profiling. The requirements of this Regulation on the provision of information relating to advertisement is without prejudice to the application of the relevant provisions of Regulation (EU) 2016/679, in particular those regarding the right to object, automated individual decision-making, including profiling and specifically the need to obtain consent of the data subject prior to the processing of personal data for targeted advertising. Similarly, it is without prejudice to the provisions laid down in Directive 2002/58/EC in particular those regarding the storage of information in terminal equipment and the access to information stored therein.
Amendment 265 #
2020/0361(COD)
Proposal for a regulation
Recital 58
Recital 58
(58) Very large online platforms should deploy the necessary and proportionate 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 277 #
2020/0361(COD)
Proposal for a regulation
Recital 62
Recital 62
(62) A core part of a very large online platform’s business is the manner in which information is prioritised and presented on its online interface to facilitate and optimise access to information for the recipients of the service. This is done, for example, by algorithmically suggesting, ranking and prioritising information, distinguishing through text or other visual representations, or otherwise curating information provided by recipients. Such recommender systems can have a significantn impact on the ability of recipients to retrieve and interact with information online. They also play an important role in the amplification of certain messages, the viral dissemination of information and the stimulation of online behaviour. Consequently, very large online platforms should ensure that recipients are appropriately informed, and can influence the information presented to them. They should clearly present the main parameters for such recommender systems in an easily comprehensible manner to ensure that the recipients understand how information is prioritised for them. They should also ensure that the recipients enjoy alternative options for the main parameters, including options that are not based on profiling of the recipient.
Amendment 279 #
2020/0361(COD)
Proposal for a regulation
Recital 63
Recital 63
(63) Advertising systems used by very large online platforms could pose particular risks and require further public and regulatory supervision on account of their scale and ability to target and reach recipients of the service based on their behaviour within and outside that platform’s online interface. Very large online platforms should ensure public access to repositories of advertisements displayed on their online interfaces to facilitate supervision and research into emerging risks brought about by the distribution of advertising online, for example in relation to illegal advertisements or manipulative techniques and disinformation with a real and foreseeable negative impact on public health, public security, civil discourse, political participation and equality. Repositories should include the content of advertisements and related data on the advertiser and the delivery of the advertisement, in particular where targeted advertising is concerned.
Amendment 282 #
2020/0361(COD)
Proposal for a regulation
Recital 64
Recital 64
(64) In order to appropriately supervise the compliance of very large online platforms with the obligations laid down by this Regulation, the Digital Services Coordinator of establishment or the Commission may require access to or reporting of specific data. Such a requirement may include, for example, the data necessary to assess the risks and possible harms brought about by the platform’s systems, data on the accuracy, functioning and testing of algorithmic systems for content moderation, recommender systems or advertising systems, or data on processes and outputs of content moderation or of internal complaint-handling systems within the meaning of this Regulation. Investigations by researchers on the evolution and severity of online systemic risks are particularly important for bridging information asymmetries and establishing a resilient system of risk mitigation, informing online platforms, Digital Services Coordinators, other competent authorities, the Commission and the public. This Regulation therefore provides a framework for providing information or compelling access to data from very large online platforms to vetted researchers. All requirements f where relevant to a research project. All requests for providing information or access to data under that framework should be proportionate and appropriately protect the rights and legitimate interests, including trade secrets and other confidential information, of the platform and any other parties concerned, including the recipients of the service.
Amendment 301 #
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 305 #
2020/0361(COD)
Proposal for a regulation
Recital 70
Recital 70
(70) The provision of online advertising generally involves several actors, including intermediary services that connect publishers of advertising with advertisers. Codes of conducts should support and complement the transparency obligations relating to advertisement for online platforms and very large online platforms set out in this Regulation in order to provide for flexible and effective mechanisms to facilitate and enhance the compliance with those obligations, notably as concerns the modalities of the transmission of the relevant information. The involvement of a wide range of stakeholders should ensure that those codes of conduct are widely supported, technically sound, effective and offer the highest levels of user-friendliness to ensure that the transparency obligations achieve their objectives.
Amendment 373 #
2020/0361(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point d – indent 1
Article 2 – paragraph 1 – point d – indent 1
— a significant number of users in relation to their population in one or more Member States; or
Amendment 388 #
2020/0361(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point h
Article 2 – paragraph 1 – point h
(h) ‘online platform’ means a provider of a hosting service which, at the request of a recipient of the service, stores and disseminates to the public information, unless that activity is a minor and purely ancillary feature of anotherthe principal service and, for objective and technical reasons cannot be used without that otherprincipal service, and the integration of the feature into the other service is not a means to circumvent the applicability of this Regulation.
Amendment 389 #
2020/0361(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point h a (new)
Article 2 – paragraph 1 – point h a (new)
(h a) ‘editorial platform’ means an intermediary service which is in connection with a press publication within the meaning of Article 2(4) of Directive (EU) 2019/790 or another editorial media service and which allows users to discuss topics generally covered by the relevant media or to comment editorial content and which is under the supervision of the editorial team of the publication or other editorial media.
Amendment 397 #
2020/0361(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point i a (new)
Article 2 – paragraph 1 – point i a (new)
(i a) 'live streaming platform services' means an information society service which main or one the main purposes is to give the public access to live broadcasted audio or video material and which it organises and promotes for profit-making purposes;
Amendment 400 #
2020/0361(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point o
Article 2 – paragraph 1 – point o
(o) ‘recommender system’ means a fully or partially automated system, used by an very large online platform to suggest in its online interface specific information to recipients of the service, including as a result of a search initiated by the recipient or otherwise determining the relative order or prominence of information displayed;
Amendment 419 #
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 expeditiouslyaccording within the deadlines of Article 5Ia new when it comes to remove or toing or disableing access to the illegal content.
Amendment 421 #
2020/0361(COD)
Proposal for a regulation
Article 5 – paragraph 1 a (new)
Article 5 – paragraph 1 a (new)
Amendment 423 #
2020/0361(COD)
Proposal for a regulation
Article 5 – paragraph 2 a (new)
Article 5 – paragraph 2 a (new)
2 a. Paragraph 1 shall not apply when the main purpose of the information society service is to engage in or facilitate illegal activities or when the provider of the information society service deliberately collaborates with a recipient of the services in order to undertake illegal activities.
Amendment 425 #
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 on the platform, 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.
Amendment 430 #
2020/0361(COD)
Proposal for a regulation
Article 5 a (new)
Article 5 a (new)
Article 5 a The exemptions from liability established in Articles 3, 4 and 5 shall not apply where the information society service plays an active role of such a kind as to give it knowledge of, or control over the information provided by the recipient of the service.
Amendment 503 #
2020/0361(COD)
Proposal for a regulation
Article 9 – paragraph 2 – point b
Article 9 – paragraph 2 – point b
(b) the order only requires the provider to provide information already collected for the purposes of providing the service and which lies within its control, including email addresses, telephone numbers, IP addresses and other contact details necessary to determine the compliance referred to in (a);
Amendment 525 #
2020/0361(COD)
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
1. Providers of intermediary services which do not have an establishment in the Union but which offer services in the Union shall designate, in writing, a legal or natural person as their legal representative in one of the Member States where the provider offers its services. The Member States may require very large online platforms to designate a legal representative in their Member State.
Amendment 528 #
2020/0361(COD)
Proposal for a regulation
Article 11 – paragraph 2
Article 11 – paragraph 2
2. Providers of intermediary services shall mandate their legal representatives to be addressed in addition to or instead of the provider by the Member States’ authorities, the Commission and the Board on all issues necessary for the receipt of, compliance with and enforcement of decisions issued in relation to this Regulation. Providers of intermediary services shall provide their legal representative with the necessary powers and resource to guarantee the proper and timely cooperateion with the Member States’ authorities, the Commission and the Board and comply with those decisions.
Amendment 531 #
2020/0361(COD)
Proposal for a regulation
Article 11 a (new)
Article 11 a (new)
Article 11 a Exclusions Articles 12 and 13 of Section 1,and the provisions of Section 2, and Section 3 of Chapter III shall not apply to: (a) editorial platforms within the meaning of Article 2(h a) of this Regulation; (b) online platforms that qualify as micro and medium-sized enterprises within the meaning of the Annex to Recommendation 2003/361/EC. (c) an intermediary service, except very large online platforms, where it would constitute a disproportionate burden in view of its size, the nature of its activity and the risk posed to users.
Amendment 537 #
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, which have to respect European and national law. 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 format.
Amendment 545 #
2020/0361(COD)
Proposal for a regulation
Article 12 – paragraph 2 a (new)
Article 12 – paragraph 2 a (new)
2a. Where very large online platforms within the meaning of Article 25 of this Regulation otherwise allow for the dissemination to the public of press publications within the meaning of Article 2(4) of Directive (EU) 2019/790, such platforms shall not remove, disable access to, suspend or otherwise interfere with such content or the related service or suspend or terminate the related account on the basis of the alleged incompatibility of such content with its terms and conditions, unless it is illegal content
Amendment 564 #
2020/0361(COD)
Proposal for a regulation
Article 13 – paragraph 1 – point a
Article 13 – paragraph 1 – point a
(a) the number of orders received from Member States’ authorities, categorised, where possible, by the type of illegal content concerned, including orders issued in accordance with Articles 8 and 9, and the average time needed for taking the action specified in those orders;.
Amendment 566 #
2020/0361(COD)
Proposal for a regulation
Article 13 – paragraph 1 – point b
Article 13 – paragraph 1 – point b
(b) the number of notices submitted in accordance with Article 14, categorised by the type of alleged illegal content concerned, any action taken pursuant to the notices by differentiating whether the action was taken on the basis of the law or the terms and conditions of the provider, and the average time needed for taking the action;
Amendment 570 #
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, where identifiable, the basis for those complaints, decisions taken in respect of those complaints, the average time needed for taking those decisions and the number of instances where those decisions were reversed.
Amendment 575 #
2020/0361(COD)
Proposal for a regulation
Article 13 – paragraph 2
Article 13 – paragraph 2
2. Paragraph 1 shall not apply to providers of intermediary services that qualify as micro or small enterprises within the meaning of the Annex to Recommendation 2003/361/EC. In addition, paragraph 1 shall not apply to enterprises that previously qualified for the status of a small or microenterprise within the meaning of the Annex to Recommendation2003/361/EC during the twelve months following their loss of that status.
Amendment 586 #
Amendment 634 #
2020/0361(COD)
Proposal for a regulation
Article 15 – paragraph 4
Article 15 – paragraph 4
4. Providers of hostingaragraphs 2, 3 and 4 shall not apply to providers of intermediary services sthall publish the decisions and the statements of reast qualify as micro or small enterprises within the meaning of the Annex to Recommendation 2003/361/EC. In additions, referred to in paragraph 1 in a publicly accessible database managed by the Commission. That information shall not contain personal datathose paragraphs shall not apply to enterprises that previously qualified for the status of a micro or small enterprise within the meaning of the Annex to Recommendation 2003/361/EC during the twelve months following their loss of that status.
Amendment 647 #
2020/0361(COD)
Proposal for a regulation
Article 16 a (new)
Article 16 a (new)
Amendment 680 #
2020/0361(COD)
Proposal for a regulation
Article 18 – paragraph 1 – introductory part
Article 18 – paragraph 1 – introductory part
1. RAfter internal complaint handling mechanisms are exhausted, recipients of the service addressed by the decisions referred to in Article 17(1), shall be entitled to select any out-of- court dispute that has been certified in accordance with paragraph 2 in order to resolve disputes relating to those decisions, including complaints that could not be resolved by means of the internal complaint-handling system referred to in that Article. Online platforms shall engage, in good faith, with the body selected with a view to resolving the dispute and shall be bound by the decision taken by the body.
Amendment 710 #
2020/0361(COD)
Proposal for a regulation
Article 19 – paragraph 1
Article 19 – paragraph 1
1. Online platforms shall take the necessary technical and organisational measures to ensure that notices submitted by trusted flaggers through the mechanisms referred to in Article 14, are processed and decided upon with priority and without delayimmediately processed without prejudice to the implementation of a complaint and redress mechanism.
Amendment 743 #
2020/0361(COD)
Proposal for a regulation
Article 19 – paragraph 7 a (new)
Article 19 – paragraph 7 a (new)
7a. Online platforms shall, where possible, provide trusted flaggers with access to technical means that help them detect illegal content on a large scale.
Amendment 760 #
2020/0361(COD)
(d) where identifiable, the intention of the recipient, individual, entity or complainant.
Amendment 781 #
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 professional 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 782 #
2020/0361(COD)
Proposal for a regulation
Article 22 – paragraph 1 – point c
Article 22 – paragraph 1 – point c
Amendment 822 #
2020/0361(COD)
Proposal for a regulation
Article 24
Article 24
Amendment 865 #
2020/0361(COD)
Proposal for a regulation
Article 26 – paragraph 1 – point b
Article 26 – paragraph 1 – point b
(b) any negative effects for the exercise of the fundamental rights to respect for private and family life, freedom of expression and information, freedom and pluralism of the media, the prohibition of discrimination and the rights of the child, as enshrined in Articles 7, 11, 21 and 24 of the Charter respectively caused by an illegal activity;
Amendment 870 #
2020/0361(COD)
Proposal for a regulation
Article 26 – paragraph 1 – point c
Article 26 – paragraph 1 – point c
(c) intentional manipulation of their service, including by means of inauthentic use or automated exploitation of the service, with an actual or foreseeable negative and illegal effect on the protection of public health, minors, civic discourse, or actual or foreseeable effects related to electoral processes and public security.
Amendment 873 #
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 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 918 #
2020/0361(COD)
Proposal for a regulation
Article 28 – paragraph 1 – point b
Article 28 – paragraph 1 – point b
(b) any commitmentof voluntary measures undertaken pursuant to the codes of conduct referred to in Articles 35 and 36 and the crisis protocols referred to in Article 37.
Amendment 931 #
2020/0361(COD)
Proposal for a regulation
Article 29 – paragraph 1
Article 29 – paragraph 1
1. Very large online platforms that use recommender systems shall set out in their terms and conditions, in a clear, accessible and easily comprehensible manner, the mainshall base the parameters used inof their recommender systems, as well as any options for the recipients of the service to modify or influence those main parameters that they may have made available, including at least one option which is not based on profiling, within the meaning of Article 4 (4) of Regulation (EU) 2016/679 on Regulation (EU) 2019/1150 of the European Parliament and of the Council of 20 June 2019 on promoting fairness and transparency for business users of online intermediation services (P2B) and set them out in their terms and conditions.
Amendment 935 #
2020/0361(COD)
Proposal for a regulation
Article 29 – paragraph 1 a (new)
Article 29 – paragraph 1 a (new)
1a. The parameters used in recommender systems shall always be fair and non-discriminatory.
Amendment 938 #
2020/0361(COD)
Proposal for a regulation
Article 29 – paragraph 2
Article 29 – paragraph 2
Amendment 946 #
2020/0361(COD)
Proposal for a regulation
Article 30 – paragraph 1
Article 30 – paragraph 1
1. Very large online platforms that display advertising on their online interfaces shall compile and make publicly available through application programming interfaces a repository containing the information referred to in paragraph 2, until one yearfor advertisements that have been seen by more than 5000 recipients of the service and until six months after the advertisement was displayed for the last time on their online interfaces. They shall ensure that the repository does not contain any personal data of the recipients of the service to whom the advertisement was or could have been displayed.
Amendment 953 #
2020/0361(COD)
Proposal for a regulation
Article 30 – paragraph 2 – point d
Article 30 – paragraph 2 – point d
Amendment 954 #
2020/0361(COD)
Proposal for a regulation
Article 30 – paragraph 2 – point e
Article 30 – paragraph 2 – point e
Amendment 966 #
2020/0361(COD)
Proposal for a regulation
Article 31 – paragraph 1
Article 31 – paragraph 1
1. Very large online platforms shall provide the Digital Services Coordinator of establishment or the Commission, upon their reasoned request and within a reasonable period, specified in the request, provide information and access to data that are necessary to properly monitor and assess compliance with this Regulation. That Digital Services Coordinator and the Commission shall only use that data for those purposes.
Amendment 969 #
2020/0361(COD)
Proposal for a regulation
Article 31 – paragraph 2
Article 31 – paragraph 2
2. Upon a reasoned request from the Digital Services Coordinator of establishment or the Commission, very large online platforms shall, within a reasonable period, as specified in the request, provide access toinformation and access to relevant data to vetted researchers who meet the requirements in paragraphs 4 of this Article, for the sole purpose of conducting research that contributes to the identification and understanding of systemic risks as set out in Article 26(1).
Amendment 973 #
2020/0361(COD)
Proposal for a regulation
Article 31 – paragraph 3
Article 31 – paragraph 3
3. Very large online platforms shall provide access to data pursuant to paragraphs 1 and 2 for a limited time and through online databases or application programming interfaces, as appropriate.
Amendment 1009 #
2020/0361(COD)
Proposal for a regulation
Article 34 – paragraph 1 – point f
Article 34 – paragraph 1 – point f
Amendment 1016 #
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) in relation to the dissemination of illegal content emerge and concern several very large online platforms, the Commission may invite the very large online platforms concerned, other very large online platforms, other online platforms and other providers of intermediary services, as appropriate, as well as civil society organisations 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 1019 #
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 invite the very large online platforms concerned, other very large online platforms, other online platforms and other providers of intermediary services, as appropriate, as well as civil society organisations and other interested partierelevant stakeholders, 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 1024 #
2020/0361(COD)
Proposal for a regulation
Article 35 – paragraph 3
Article 35 – paragraph 3
3. When giving effect to paragraphs 1 and 2, the Commission and the Board shall aim to ensure that the codes of conduct clearly set out their objectives in relation to the dissemination of illegal content, contain key performance indicators to measure the achievement of those objectives and take due account of the needs and interests of all interested partiethe relevant stakeholders, including citizens, at Union level. The Commission and the Board shall also aim to ensure that participants report regularly to the Commission and their respective Digital Service Coordinators of establishment on any measures taken and their outcomes, as measured against the key performance indicators that they contain.
Amendment 1032 #
2020/0361(COD)
Proposal for a regulation
Article 36 – paragraph 1
Article 36 – paragraph 1
1. The Commission shall encourage and facilitate the drawing up of codes of conduct at Union level between, online platforms and other relevant service providers, such as providers of online advertising intermediary services or organisations representing recipients of the service and civil society organisations or relevant authorities to contribute to further transparency in online advertising beyond the requirements of Articles 24 30 and 30Article 6 of Directive 2000/31/EC.
Amendment 1034 #
2020/0361(COD)
Proposal for a regulation
Article 36 – paragraph 2 – introductory part
Article 36 – paragraph 2 – introductory part
2. The Commission shall aim to ensure that the codes of conduct pursue an effective transmission of information, in full respect for the rights and interests of all parties involved, and a competitive, transparent and fair environment in online advertising, in accordance with Union and national law, in particular on competition and the protection of personal data. The Commission shall aim to ensure that the codes of conduct address at least: the transmission of information held by providers of online advertising intermediaries to the repositories pursuant to Article 30.
Amendment 1035 #
2020/0361(COD)
Proposal for a regulation
Article 36 – paragraph 2 – point a
Article 36 – paragraph 2 – point a
Amendment 1036 #
2020/0361(COD)
Proposal for a regulation
Article 36 – paragraph 2 – point b
Article 36 – paragraph 2 – point b
Amendment 1044 #
Amendment 1058 #
2020/0361(COD)
Proposal for a regulation
Article 41 – paragraph 2 – point e
Article 41 – paragraph 2 – point e
(e) the power to proportionate adopt interim measures to avoid the risk of serious harm.
Amendment 1060 #
2020/0361(COD)
1. Member States shall lay down the rules on penalties including administrative fines applicable to infringements of this Regulation by providers of intermediary services under their jurisdiction and shall take all the necessary measures to ensure that they are properly and effectively implemented in accordance with Article 41.
Amendment 1061 #
2020/0361(COD)
Proposal for a regulation
Article 42 – paragraph 2
Article 42 – paragraph 2
2. Penalties shall be effective, proportionate and dissuasive. They shall take into particular account the interest of small scale providers and start ups and their economic viability. Member States shall notify the Commission of those rules and of those measures and shall notify it, without delay, of any subsequent amendments affecting them.
Amendment 1103 #
2020/0361(COD)
Proposal for a regulation
Article 47 – paragraph 2 – point a a (new)
Article 47 – paragraph 2 – point a a (new)
(aa) contributing to the effective application of Directive 2000/31/EC Article 3 to prevent fragmentation of the digital single market and the obligations of very large platforms of Article 5 of the Platform to Business Regulation 2019/1150
Amendment 1132 #
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, order proportionate interim measures against the very large online platform concerned on the basis of a prima facie finding of an infringement.
Amendment 1135 #
2020/0361(COD)
Proposal for a regulation
Article 57 – paragraph 1
Article 57 – paragraph 1
1. For the purposes of carrying out the tasks assigned to it under this Section, the Commission may take the necessary actions to monitor the effective implementation and compliance with this Regulation by the very large online platform concerned. The Commission may also order that platform to provide access to, and explanations relating to, and, where necessary access to its databases and algorithms.
Amendment 1138 #
2020/0361(COD)
Proposal for a regulation
Article 59 – paragraph 2 – introductory part
Article 59 – paragraph 2 – introductory part
2. The Commission may by decision and in compliance with the proportionality principle impose on the very large online platform concerned or other person referred to in Article 52(1) fines not exceeding 1% of the total turnover in the preceding financial year, where they intentionally or negligently:
Amendment 1151 #
2020/0361(COD)
Proposal for a regulation
Article 74 – paragraph 2 – introductory part
Article 74 – paragraph 2 – introductory part
2. It shall apply from [date - threesix months after its entry into force].
Amendment 73 #
2020/0350(COD)
Proposal for a regulation
Recital 13 a (new)
Recital 13 a (new)
(13a) The implementation of this regulation and the necessary adaptation of implementing acts should not interfere nor should be subject to the deadlines stipulated in regulation 2018/18621a while new deadlines for the implementation of this regulation should be added, along with reporting obligations. _________________ 1aRegulation (EU) 2018/1862 of the European Parliament and of the Council of 28 November 2018 on the establishment, operation and use of the Schengen Information System (SIS) in the field of police cooperation and judicial cooperation in criminal matters, amending and repealing Council Decision 2007/533/JHA, and repealing Regulation (EC) No 1986/2006 of the European Parliament and of the Council and Commission Decision 2010/261/EU.
Amendment 175 #
2020/0350(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 13 a (new)
Article 1 – paragraph 1 – point 13 a (new)
Regulation (EU) 2018/1862
Article 79 – paragraph 3
Article 79 – paragraph 3
(13a) In Article 79, paragraph 3 is replaced by the following: 3. The Commission shall closely monitor the process of gradual fulfilment of the conditions set out in paragraphs 2 and 7 and shall inform the European Parliament and the Council about the outcome of the verification referred to in that paragraph.
Amendment 177 #
2020/0350(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 14
Article 1 – paragraph 1 – point 14
Regulation (EU) 2018/1862
Article 79 – paragraph 7
Article 79 – paragraph 7
7. TNo later than [1 year after entry into force], the Commission shall adopt a decision setting the date on which Europol shall start entering, updating and deleting data in SIS pursuant to this Regulation as amended by Regulation [XXX], after verification that the following conditions have been met:
Amendment 180 #
2020/0350(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 14
Article 1 – paragraph 1 – point 14
Regulation (EU) 2018/1862
Article 79 – paragraph 7 a (new)
Article 79 – paragraph 7 a (new)
7a. Europol shall notify, at the latest [six months after entry into force of the amending regulation ]the Commission that it has made the necessary technical and procedural arrangements to process SIS data and exchange supplementary information pursuant to this Regulation as amended by Regulation [xxx/xxxx]
Amendment 96 #
2019/2199(INI)
Motion for a resolution
Citation 40 a (new)
Citation 40 a (new)
– having regard to the ECtHR judgment of 13 February 2020 in the case of N.D. and N.T. v Spain (Nos 8675/15 and 8697/15), which establishes that migrants who enter a country illegally place themselves in an illegal situation and are thereby not covered by legal guarantees,
Amendment 101 #
2019/2199(INI)
Motion for a resolution
Citation 45 a (new)
Citation 45 a (new)
– having regard to its resolution of 12 December 2018 on findings and recommendations of the Special Committee on Terrorism1a, __________________ 1a Texts adopted, P8_TA(2018)0512
Amendment 104 #
2019/2199(INI)
Motion for a resolution
Citation 46 b (new)
Citation 46 b (new)
– having regard to the Universal Declaration of Human Rights;
Amendment 184 #
2019/2199(INI)
Motion for a resolution
Recital C
Recital C
Amendment 192 #
2019/2199(INI)
Motion for a resolution
Recital D
Recital D
D. whereas many instances of disproportionate use of force against peaceful demonstrators continue to be reported across the EU, including the beating of demonstrators; whereas law enforcement authorities in some Member States such as Romania23 , Spain and France24 are increasingly using less lethal weapons, such as batons, tear gas, hand- held sting grenades, electroshock weapons, water cannons and rubber bullets to control or disperse crowds of demonstrators; whereas the number of persons seriously wounded in demonstrations in recent years as a result of the use of rubber bullets is particularly striking; __________________ 23European Parliament resolution of 13 November 2018 on the rule of law in Romania (Texts adopted, P8_TA(2018)0446) 24 Commissioner for Human Rights of the Council of Europe, Shrinking space for freedom of peaceful assembly, Council of Europe, Strasbourg, 2019; Commissioner for Human Rights of the Council of Europe, Memorandum on maintaining public order and freedom of assembly in the context of the ‘yellow vest’ movement in France, Council of Europe, Strasbourg, 2019; Commissioner for Human Rights of the Council of Europe, Protection of the rights to freedom of expression and peaceful assembly during last week’s demonstrations in Catalonia, Council of Europe, Strasbourg, 2019
Amendment 215 #
2019/2199(INI)
Motion for a resolution
Recital F
Recital F
Amendment 236 #
2019/2199(INI)
Motion for a resolution
Recital F b (new)
Recital F b (new)
Fb. whereas acts of terrorism constitute one of the most serious violations of fundamental rights and freedoms; whereas during 2018 and 2019, acts of glorification of terrorism and homages to the terrorists took place within the European Union; whereas this kind of acts legitimizes terrorism, threatens our democracy and humiliates the victims;
Amendment 494 #
2019/2199(INI)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. Welcomes initiatives and actions which aim at strengthening security cooperation between Member States and to set out an effective EU response to terrorism and security threats in the European Union; urges the Member States to fully cooperate with each other, and to improve the exchange of information among each other and with EU Justice and Home Affairs agencies; highlights the importance of respecting fundamental rights in the fight against terrorism; stresses the importance that oversight mechanisms in the field of intelligence services should be in line with the Charter and the ECHR; calls on the institutions concerned to provide safeguards to prevent any subsequent victimisation derived from humiliation and attacks on the image of the victims coming from social sectors related to the attacker;
Amendment 534 #
2019/2199(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
Amendment 546 #
2019/2199(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Emphasises the importance of rigorous management of the EU's external borders. Stresses the need to address humanitarian issues affecting border control. Underlines that EU and national policies on migration must comply fully with the 1951 UN Convention Relating to the Status of Refugees and its additional protocol.
Amendment 1 #
2019/2172(INI)
Motion for a resolution
Citation 1
Citation 1
— having regard to the Stabilisation and Association Agreement (SAA) between the European Union and the European Atomic Energy Community, of the one part, and Kosovo*, of the other part, which entered into force on 1 April 2016, *This designation is without prejudice to positions on status, and is in line with UNSCR 1244/1999 and the ICJ Opinion on the Kosovo declaration of independence1a. __________________ 1a This mention should be included in the title and applied throughout the entire document.
Amendment 9 #
2019/2172(INI)
Motion for a resolution
Citation 4
Citation 4
— having regard to UN Security Council Resolution 1244 of 10 June 1999, to the International Court of Justice (ICJ) Advisory Opinion of 22 July 2010 on the accordance with international law of the unilateral declaration of independence in respect of Kosovo, and to UN General Assembly Resolution 64/298 of 9 September 2010, which acknowledged the content of the ICJ opinion and welcomed the EU’s readiness to facilitate dialogue between Serbia and Kosovo,
Amendment 15 #
2019/2172(INI)
Motion for a resolution
Citation 17
Citation 17
— having regard to its previous resolutions on the countryKosovo,
Amendment 24 #
2019/2172(INI)
Motion for a resolution
Recital A
Recital A
Amendment 33 #
2019/2172(INI)
Motion for a resolution
Recital D
Recital D
Amendment 57 #
2019/2172(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Welcomes Kosovo’s continued commitment to advancing on its European path, as well as the strong support for European integration among Kosovo’s population, without prejudice to Member States' position on status;
Amendment 65 #
2019/2172(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
Amendment 76 #
2019/2172(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
Amendment 196 #
2019/2172(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Stresses that normalisation of relations between Serbia and Kosovo is a priority and a precondition for EU accessionReiterates its support for the Belgrade-Pristina Dialogue; calls for active and constructive engagement in the EU-facilitated dialogue led by the EU Special Representative, seeking a comprehensive and legally binding agreement in accordance with international law; reiterates its call to move forward with the full implementation, in good faith and in a timely manner, of all the agreements already reached;
Amendment 210 #
2019/2172(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
26. NotesIs aware of the fact that five Member States have not yet recognised Kosovo, and reiterates its call for them to do so; stresses that recognition would be beneficial to the normalisation of relations between Kosovo and Serbia; takes note of the decision of those five Member States concerning the approval of the SAA in the Council;
Amendment 237 #
2019/2172(INI)
Motion for a resolution
Paragraph 30
Paragraph 30
30. Notes that strong political support, effective implementation and close monitoring are required to fight Kosovo’s large informal economy, which constitutes a serious barrier to the development of its private sector, and affects the capacity of the state to provide good quality public services;
Amendment 19 #
2019/2171(INI)
Motion for a resolution
Citation 9 a (new)
Citation 9 a (new)
- having regard to the Council conclusions on enhancing cooperation with Western Balkans partners in the field of migration and security of 5 June 2020,
Amendment 71 #
2019/2171(INI)
Motion for a resolution
Recital G
Recital G
G. whereas BiH is a migrant transit route, and reception capacities remain insufficient for hostingintegrated border management as well as reception capacities for migrants and asylum seekers present in the country remain insufficient;
Amendment 279 #
2019/2171(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Notes the increased migratory pressure on the country; calls for effective inter-institutional coordination of migration and border management in the face of a mounting humanitarian crisis; calls for equistable burden-sharing and adequate support for local communities hosting temporary reception centres; underlines the need toishing of reception capacities away from the EU external border, preferably at the entry points of migrants to the country; underlines the need for the European Commission, EU agencies and international organisations to provide assistance to BiH in ensureing appropriate reception conditions and to boosin boosting the relevant capacityies for processing incoming migrants and asylum- seeker claims and , where applicable, conducting return procedures; urges BiH to conclude an agreement with the European Asylum Support Office (EASO); calls on the EU to step up its support to BiH’s authorities, namely with regard to operational assistance;
Amendment 302 #
2019/2171(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Urges BiH to step up its efforts against cross-border crime, especially human trafficking, and to ensure swift conclusion of the status agreement with the European Border and Coast Guard Agency (Frontex) that would facilitate better protection of borders in full respect for fundamental rights, while helping fight cross-border crimecooperation with neighbouring countries and relevant EU agencies (Europol, Eurojust, Frontex) against cross-border crime, especially human trafficking¸ migrant smuggling networks, firearms and drug trafficking;
Amendment 3 #
2019/2125(INI)
Motion for a resolution
Citation 5
Citation 5
– having regard to Article 17 and Article 207 of the Treaty on the Functioning of the European Union (TFEU),
Amendment 49 #
2019/2125(INI)
Motion for a resolution
Citation 23 a (new)
Citation 23 a (new)
– having regard to its resolution of 15 January 2019 on EU Guidelines and the mandate of the EU Special Envoy on the promotion of freedom or belief outside the EU,
Amendment 111 #
2019/2125(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Highlights the scourge of armed conflicts, which continues to claim civilian lives and causes mass displacement, with states and non-state actors seemingly abdicating their responsibility to abide by international humanitarian law and international human rights law; stresses that regions at war or in conflict situations face grave human rights violations, exceptional in nature and aimed at denying human dignity, which are both devastating for victims and degrading for perpetrators; highlights, as an example, the use of sexual violence as a weapon of war to destroy, destabilise, and demoralise individuals, families, communities and societies and the specific vulnerability of women from ethnic and religious minorities to such violence, especially converts;
Amendment 128 #
2019/2125(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Is seriously concerned at the increase in the number of cases of murder, attacks and intimidation against people standing up for human rights throughout the world, in particular journalists, defenders of religious and thought minorities, scholars, lawyers and civil society activists, inter alia environmental and land defenders, mainly in countries with high levels of corruption and a poor record of upholding the rule of law and judicial oversight;
Amendment 164 #
2019/2125(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Notes that the number of persons forcibly displaced in 2018 exceeded 70 million, of whom 26 million were refugees3 ; takes the view that wars, conflicts, political oppression, persecution based on religion or belief, poverty and food insecurity, uneven economic development conditions and the adverse effects of climate change on the world’s poorest countries in particular, fuel the risks of triggering new conflicts and the further displacement of populations; __________________ 3UNHCR – Global Trends 2018 report (19 June 2019).
Amendment 222 #
2019/2125(INI)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15a. Strongly supports the work and efforts of the Special Envoy on FoRB outside the EU, in protecting and promoting human rights around the world; urges the confirmation of her/his mandate by the Commission and that her/his work be adequately resourced to enhance the Union’s effectiveness in this area;
Amendment 42 #
2019/2028(BUD)
Draft opinion
Paragraph 6
Paragraph 6
6. Regrets that the Commission did not follow the budgetary request of Europol and proposed to underfund the Agency by more than 330 million euros in 2020 and decrease the number of temporary agents by 52; rejects the Commission’s proposal of substantial reduction of contract agents at Europol, which will jeopardise the operational activities of the Agency; notes that the decrease of the eu-LISA commitment appropriations by 18,7 % (-55 million euros) corresponds to the end of the development of the Entry Exit System; reiterates the need to ensure adequate financial support for JHA Agencies to deliver the tasks assigned to them in full transparency and to fight against cross- border serious crime in full compliance with fundamental rights;
Amendment 47 #
2019/2028(BUD)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6 a. Notes that, despite the fact that the internal security threats remain high, the Union’s substantial investments in the protection of its external borders has not been matched with increased funding of the Union’s internal security mechanisms, such as Europol, and stresses the importance of robust Union investments in the area of internal security with a view to enhancing Union law enforcement cooperation and promoting information exchange among Member States;
Amendment 49 #
2019/2028(BUD)
Draft opinion
Paragraph 6 b (new)
Paragraph 6 b (new)
6 b. Acknowledges Europol´s increasing role in combating terrorism and organised crime, as well as in strengthening cross-border cooperation in the field of law enforcement;
Amendment 51 #
2019/2028(BUD)
Draft opinion
Paragraph 6 c (new)
Paragraph 6 c (new)
6 c. Supports the implementation of Europol’s Strategy 2020+, aiming at strengthening Europol’s operational support and analytical capabilities to the benefit of the Member States and proposes new investments in important crime areas, such as the fight against drug trafficking and financial crime;
Amendment 29 #
2017/0360R(NLE)
Motion for a resolution
Paragraph 1 – indent 3 a (new)
Paragraph 1 – indent 3 a (new)
- the functioning of a free and independent media;
Amendment 39 #
2017/0360R(NLE)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Expresses its deep concern that, despite three hearings of Poland having been held in the Council, multiple exchanges of views in the Civil Liberties, Justice and Home Affairs Committee of the European Parliament, alarming reports by the United Nations, the Organisation for Security and Cooperation in Europe (OSCE) and the Council of Europe, and four infringements procedures launched by the Commission, the rule of law situation in Poland has not only not been addressed but has seriously deteriorated since the triggering of Article 7(1) TEU;
Amendment 68 #
2017/0360R(NLE)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Denounces that, during the COVID-19 outbreak, but not linked with the COVID-19 outbreak, legislation is being debated or even rushed through in Parliament in very sensitive areas such as abortion, sexual education, the organisation of elections or the term of office of the President, the latter even requiring a change to the Constitution; underlines that this could amount to abuse of the fact that citizens cannot organise or protest publicly, which would seriously undermine the legitimacy of the legislation adopted;
Amendment 73 #
2017/0360R(NLE)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Notes with concern that the OSCE concluded that media bias and intolerant rhetoric in the campaign for the October 2019 parliamentary elections were of significant concern20 and that, while all candidates were able to campaign freely, senior state officials used publicly funded events for campaign messaging; notes, furthermore, that the dominance of the ruling party in public media further amplified its advantage21 ; _________________ 20OSCE/ODIHR, Statement of Preliminary Findings and Conclusions after its Limited Election Observation Mission, 14 October 2019. 21OSCE/ODIHR, Limited Election Observation Mission Final Report on the parliamentary elections of 13 October 2019, Warsaw, 14 February 2020.
Amendment 77 #
2017/0360R(NLE)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Is concerned that the new Chamber of Extraordinary Control and Public Matters of the Supreme Court (hereinafter the ‘Extraordinary Chamber’), which is composed in majority of judges nominated by the new National Council of the Judiciary (NCJ) and risks not to qualify as independent tribunal in the assessment of the CJEU, is to ascertain the validity of general and local elections and to examine electoral disputes; this raises serious concerns as regards the separation of powers and the functioning of Polish democracy, in that it makes judicial review of electoral disputes particularly vulnerable to political influence22 ; _________________ 22Venice Commission, Opinion of 8-9 December 2017, CDL-AD(2017)031, para. 43; Third Commission Recommendation (EU) 2017/1520 of 26 July 2017, para. 135.
Amendment 83 #
2017/0360R(NLE)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
Amendment 93 #
2017/0360R(NLE)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Recalls that, already in 2017, changes in the method of nomination of candidates to the position of the First President of the Supreme Court deprived the participation of the Supreme Court judges in the selection procedure of any meaningful effect and put the decision in the hands of the President of the Republic; denounces that recent amendments to the act on the Supreme Court even further reduce the participation of the judges in the process of selection of the First President of the Supreme Court by introducing a position of First President ad interim appointed by the President of the Republic and by reducing the quorum in the third round to 32 out of 1205 judges only, thereby effectively abandoning the model of power-sharing between the President and the judicial community enshrined in Article 183(3) of the Polish Constitution26 ; _________________ 26Venice Commission and DGI of the Council of Europe, Urgent Joint Opinion of 16 January 2020, CDL-PI(2020)002, paras 51-55. (The number of judges of the Supreme Court has been increased from 120 to 125 by virtue of the Ordinance of the President of the Republic of Poland of 3 June 2019, amending the relevant Regulation of the Supreme Court.)
Amendment 94 #
2017/0360R(NLE)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16a. Notes that upon conclusion of the term in office of the First President of the Supreme Court in April 2020, the President of Poland nominated as subsequent Acting First President of the Supreme Court a judge whose independence and impartiality could be put into question; notes that the above- mentioned Acting President, as well as his successor, also nominated as Judge of the Supreme Court by the new NCJ, were responsible for organising the election of candidates for the next First President of the Supreme Court by the General Assembly of the Supreme Court;
Amendment 95 #
2017/0360R(NLE)
Motion for a resolution
Paragraph 16 b (new)
Paragraph 16 b (new)
16b. Is deeply concerned that the process of electing the candidates did not conform to the rules of procedure of the Supreme Court and violated basic standards of deliberation among the members of the General Assembly; further states its concern about reports of attempts by the Acting Presidents to inhibit dialogue among the judges who participated in the election and about alleged attempts to manipulate the vote in the General Assembly;
Amendment 96 #
2017/0360R(NLE)
Motion for a resolution
Paragraph 16 c (new)
Paragraph 16 c (new)
16c. Notes with regret that doubts concerning the validity of the election process in the General Assembly as well as the impartiality and independence of the Acting Presidents during the election process could undermine the legitimacy of the new First President of the Supreme Court nominated by the President of Poland on 25 May 2020, and could thus put into question the independence of the Supreme Court;
Amendment 97 #
2017/0360R(NLE)
Motion for a resolution
Paragraph 16 d (new)
Paragraph 16 d (new)
16d. Regrets that on 25 May 2020, the President of Poland nominated the new First President of the Supreme Court, although the General Assembly of the Supreme Court had not yet officially submitted a list of candidates to the President, as required by Article 183 of the Polish Constitution, which further undermines the separation of powers and negatively affects the legitimacy of the new First President of the Supreme Court; recalls that a similar violation of law by the President of Poland occurred when nominating the President of the Constitutional Tribunal;
Amendment 103 #
2017/0360R(NLE)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Recalls that, in 20178, two new chambers within the Supreme Court were created, namely the Disciplinary Chamber and the Extraordinary Chamber, which were staffed with newly appointed judges selected by the new NCJ and entrusted with special powers – including the power of the Extraordinary Chamber to quash final judgments taken by lower courts or by the Supreme Court itself by way of extraordinary review, and the power of the Disciplinary Chamber to discipline other (Supreme Court) judges, creating de facto a “Supreme Court within the Supreme Court”;30 _________________ 30OSCE-ODIHR, Opinion of 13 November 2017, p. 7-20; Venice Commission, Opinion of 8-9 December 2017, para. 43; Recommendation (EU) 2018/103, para. 25; GRECO, Addendum to the Fourth Round Evaluation Report on Poland (Rule 34) of 18-22 June 2018, para. 31; Venice Commission and DGI of the Council of Europe, Urgent Joint Opinion of 16 January 2020, para. 8. (The new Act on Supreme Court was adopted in December 2017, however, from an organisational standpoint, both the new chambers were created and began to adjudicate at the end of 2018. The first nominations for judges in the newly- created chamber of the Supreme Court were delivered by President Duda on September 20th 2018 and October 10th 2018.)
Amendment 119 #
2017/0360R(NLE)
Motion for a resolution
Subheading 11
Subheading 11
The rules governing the organisation of the ordinary courts and, the appointment of courts presidents and the retirement regime for judges of the ordinary courts
Amendment 121 #
2017/0360R(NLE)
Motion for a resolution
Paragraph 27
Paragraph 27
27. Regrets that the Minister of Justice, who is, in the Polish system, also the Prosecutor General, obtained the power to appoint and dismiss court presidents of the lower courts at his discretion during a transitional period of six months, and that in 2017-2018 the Minister of Justice replaced over aone hundred and fifty court presidents and vice-presidents; notes that, after this period, removal of court presidents remained in the hands of the Minister of Justice, with virtually no effective checks attached to this power; notes, furthermore, that the Minister of Justice also obtained other “disciplinary” powers vis-à-vis court presidents, and presidents of higher courts, who in turn, now have large administrative powers vis- à-vis presidents of lower courts36 ; regrets this major setback for the rule of law and judicial independence in Poland37 ; _________________ 36Venice Commission and DGI of the Council of Europe, Urgent Joint Opinion of 16 January 2020, para. 45. 37See also Council of Europe, Bureau of the Consultative Council of European Judges (CCJE-BU), CCJE- BU(2018)6REV, 18 June 2018. (The total number of Presidents and Vice- Presidents of the courts who have been expelled on the basis of the provisions cited is 158 - according to data officially provided by the Ministry of Justice upon the request by the Polish Judges’ Association ‘Iustitia’.)
Amendment 123 #
2017/0360R(NLE)
Motion for a resolution
Paragraph 28 a (new)
Paragraph 28 a (new)
28a. Recalls that the CJEU found in its judgement of 5 November 201938a that the provisions of the Polish law amending the law on the organisation of the ordinary courts, which lowered the retirement age of judges of the ordinary courts, whilst allowing the Minister of Justice to decide on the prolongation of their active service, and which set a different retirement age depending on their gender, are contrary to Union law; _________________ 38aJudgment of the Court of Justice of 5 November 2019, Commission v Poland, C- 192/18, ECLI:EU:C:2019:924.
Amendment 132 #
2017/0360R(NLE)
Motion for a resolution
Paragraph 32 a (new)
Paragraph 32 a (new)
32a. Recalls that the CJEU found in its judgement of 5 November 201943a that lowering the retirement age of public prosecutors is contrary to Union law because it establishes a different retirement age for men and women who are public prosecutors in Poland; _________________ 43aJudgment of the Court of Justice of 5 November 2019, Commission v Poland, C- 192/18 ECLI:EU:C:2019:924.
Amendment 146 #
2017/0360R(NLE)
Motion for a resolution
Subheading 17
Subheading 17
Amendment 154 #
2017/0360R(NLE)
Motion for a resolution
Paragraph 37
Paragraph 37
37. Is deeply concerned by the excessive use of libel cases by some politicians against journalists, including by sentencing with criminal fines and suspension from exercising the profession of journalist; fears for a chilling effect on the profession and independence of journalists and media46 ; calls on the Commission to propose an Anti-SLAPP (strategic lawsuit against public participation) Directive that will protect the media from vexatious lawsuits in the Union that are intended to silence, intimidate or bankrupt them; _________________ 46Council of Europe Platform to Promote the Protection of Journalism and Safety of Journalists, 2020 Annual Report, March 2020, p. 42.
Amendment 156 #
2017/0360R(NLE)
Motion for a resolution
Paragraph 37 a (new)
Paragraph 37 a (new)
37a. Is concerned about reported cases of detention of journalists for doing their job when reporting on anti-lockdown protests;
Amendment 157 #
2017/0360R(NLE)
Motion for a resolution
Paragraph 37 b (new)
Paragraph 37 b (new)
37b. Is concerned by the actions carried out by the Polish authorities in recent years, including a re-shaping of the public broadcaster into a pro-government broadcaster, hindering public media and their governing bodies of independent or dissenting voices and exercising control over the broadcasting content, the latest example involving the Polish public Radio Three (known as Troika), which was accused of censoring an anti-government song that topped the charts, with the internet links and news about the song disabled on the station’s website shortly after the chart show was broadcast; notes with regret that since 2015 Poland has fallen in the World Press Freedom Index from 18th to 62nd place; recalls that Article 11 of the EU Charter of Fundamental Rights states that the freedom and pluralism of the media shall be respected; recalls that Article 54 of the Polish Constitution guarantees freedom of expression and forbids censorship;
Amendment 171 #
2017/0360R(NLE)
Motion for a resolution
Paragraph 40
Paragraph 40
40. Calls on the Polish authorities to modify the act of 15 September 2017 on the National Institute for Freedom - Centre for the Development of Civil Society49 , in order to ensure access to state funding for critical civil society groups at all levels, and a fair, impartial and transparent distribution of public funds to civil society, in a continually shrinking space for it to operate, and ensuringe pluralistic representation; calls for the rapid adoption of the Rights and Values Programme with adequate funding for the Union values strand; _________________ 49OSCE/ODIHR, Opinion on the Draft Act of Poland on the National Freedom Institute - Centre for the Development of Civil Society, Warsaw, 22 August 2017.
Amendment 175 #
2017/0360R(NLE)
Motion for a resolution
Paragraph 41 a (new)
Paragraph 41 a (new)
41a. Is deeply concerned about the transmission of personal data from the Universal Electronic System for Registration of the Population (PESEL register) by the Ministry of Digital Affairs of Poland to the operator of the postal services on 22 April 2020, aimed at facilitating the organisation of the presidential election on 10 May 2020 via postal ballot, despite the lack of a proper legal basis, as the bill allowing for an all- postal election was not adopted by the Polish Parliament until 7 May 2020; notes furthermore that the PESEL register is not identical to the voters register and includes also personal data of citizens of other EU Member States, thus the above-mentioned transfer could constitute a potential breach of the Regulation (EU) 2016/679; recalls that the European Data Protection Board (EDPB) discussed this matter during its meeting on 5 May 2020 and underlined in its subsequent statement that public authorities may disclose information on individuals included in electoral lists, but only when this is specifically authorised by Member State law;
Amendment 186 #
2017/0360R(NLE)
Motion for a resolution
Paragraph 42
Paragraph 42
42. Reiterates its deep concern expressed in its resolution of 14 November 2019, also shared by the Council of Europe Commissioner for Human Rights51 , over the original text of the draft law amending Article 200b of the Polish Penal Code, submitted to the Sejm by the ‘Stop Paedophilia’ initiative, for its extremely vague, broad and disproportionate provisions, which de facto seeks to criminalise the dissemination of sexual education to minors and whose scope potentially threatens all persons, in particular parents, teachers and sex educators, with up to three years in prison for teaching about human sexuality, health and intimate relations; stresses the importance of health and sexual education; _________________ 51Council of Europe Commissioner for Human Rights, Statement of 14 April 2020.
Amendment 190 #
2017/0360R(NLE)
Motion for a resolution
Subheading 22
Subheading 22
Amendment 196 #
2017/0360R(NLE)
Motion for a resolution
Paragraph 43
Paragraph 43
Amendment 207 #
2017/0360R(NLE)
Motion for a resolution
Paragraph 44
Paragraph 44
Amendment 216 #
2017/0360R(NLE)
Motion for a resolution
Paragraph 45
Paragraph 45
45. Reiterates its call on the Polish government to take appropriate action on and strongly condemn any xenophobic and fascist hate crime or hate speech53 ; _________________ 53EP Resolution of 15 November 2017, para. 18; PACE, Resolution 2316 (2020) of 28 January 2020 on the functioning of democratic institutions in Poland, para. 14; UN Human Rights Committee (HRC), Concluding observations on the seventh periodic report of Poland, 23 November 2016, CCPR/C/POL/CO/7, paras 15-18.
Amendment 230 #
2017/0360R(NLE)
Motion for a resolution
Paragraph 46
Paragraph 46
46. Recalls its stance expressed in its resolution of 18 December 2019, when it strongly denounced any discrimination against LGBTI people and the violation of their fundamental rights by public authorities, including hate speech by public authorities and elected officials, in the context of elections, as well as the declarations of zones in Poland free from so-called ‘LGBT ideology’, and recalled on the Commission to strongly condemn such public discrimins the condemnation of such actions by the Commission as well as international organisations;
Amendment 238 #
2017/0360R(NLE)
Motion for a resolution
Paragraph 48
Paragraph 48
48. Calls on the Polish government to comply with all provisions relating to the rule of law and fundamental rights enshrined in the Treaties, the Charter of Fundamental Rights, the ECHR and international human rights standards, and to engage directly in dialogue with the Commission; stresses that such a dialogue needs to be conducted in an impartial, evidence-based and cooperative manner while also respecting the competences of the Union and its Member States as enshrined in the Treaties, and the principle of subsidiarity; calls on the Polish government to cooperate with the Commission pursuant to the principle of sincere cooperation as set out in the Treaty; calls on the Polish government to swiftly implement the rulings of the CJEU and to respect the primacy of Union law;
Amendment 253 #
2017/0360R(NLE)
Motion for a resolution
Paragraph 50
Paragraph 50
50. Calls on the Commission to make full use of the tools available to it, to address a clear risk of a serious breach by Poland of the values on which the Union is founded, in particular expedited infringement procedures and applications for interim measures before the CJEU, as well as budgetary toolsexplore whether there are budgetary tools that can be introduced in this regard as a last resort; calls on the Commission to continue to keep Parliament regularly informed and closely involved;