Activities of Ivars IJABS
Shadow opinions (1)
Opinion on the form of a letter on the general budget of the European Union for the financial year 2025-all sections
Amendments (2170)
Amendment 10 #
2024/0016(CNS)
Proposal for a regulation
Recital 5 a (new)
Recital 5 a (new)
(5 a) Whereas the use of supercomputers for Artificial Intelligence (AI), requires a higher usage of data, and current datacentres are progressively reaching their storage capacity limits due to the surge in digitalization and the adoption of new technologies, it is essential that supercomputers dedicated for AI are either located nearby or are connected via high-speed networks to an existing datacentre, or future planned datacentre, that is not overloaded and possesses available storage capacities. Furthermore, such datacentres should be interconnected with the Common European Data Spaces to facilitate the training of models in key sectorial domains.
Amendment 12 #
2024/0016(CNS)
Proposal for a regulation
Recital 5 b (new)
Recital 5 b (new)
(5 b) Whereas the deployment of Artificial Intelligence applications requires a significant increase in computational power, which in turn leads to a greater consumption of electrical energy, it is imperative that both new supercomputers dedicated for AI and existing ones being upgraded for AI purposes ensure a stable and secure grid connection and electricity supply to prevent these supercomputers from being underutilized due to potential energy supply constraints. The Joint Undertaking shall regularly monitor and report on the energy consumption of these facilities.
Amendment 13 #
2024/0016(CNS)
Proposal for a regulation
Recital 5 c (new)
Recital 5 c (new)
(5 c) Whereas the deployment and advancement of Artificial Intelligence (AI) necessitate substantial computational power and specialized support, AI Factories will provide comprehensive supercomputing support services to AI startups, small innovative companies, and the broader research and innovation ecosystem. These services are crucial for facilitating access to supercomputers, offering dedicated programming facilities and algorithmic support for the development, testing, evaluation, and validation of AI training models and systems. Furthermore, they will assist in the creation of novel use cases and emerging applications across the European strategic areas including robotics and manufacturing, new materials and batteries, connected and automated driving, health and care, biotech, climate change and adaptation, complex system dynamics, virtual worlds and Digital Twins, cybersecurity, aerospace, agricultural practices, research and innovation and public sector among others.
Amendment 14 #
2024/0016(CNS)
Proposal for a regulation
Recital 5 d (new)
Recital 5 d (new)
(5 d) AI Factories are committed to promoting innovation and knowledge in AI technology by working in close partnership with startups, SMEs, universities, research centres, and key industrial sectors. This collaboration aims to attract, retain, and develop talent capable of leveraging new technologies, bringing the scientific community closer to AI through specialized support and training, and enhancing access to AI innovations. Supporting the establishment of new enterprises and facilitating joint innovation projects, including the development of human-in-the-loop AI systems for responsible applications, addressing the challenges faced by the AI startup, research, and innovation ecosystem. This effort will promote synergies, encourage collaboration and innovation, and foster the development of a vibrant and sustainable AI ecosystem, thus contributing to the advancement of society and various industrial sectors.
Amendment 15 #
2024/0016(CNS)
Proposal for a regulation
Recital 5 e (new)
Recital 5 e (new)
(5 e) Whereas the EuroHPC Joint Undertaking (JU) is established to serve as a singular contact point at the EU level, directing startups, small companies, and interested users to specific service centres with fair and transparent access procedures, it plays a key role in establishing a one-stop shop to simplify access to its support services for hosting entities. This one-stop shop will represent the principles of open and easy access, ensuring that users can fully leverage the potential of Artificial Intelligence (AI) in supercomputing. The opportunities provided by the 'AI Factories' will be widely communicated to startups, SMEs, the innovation ecosystem and researchers engaged in European programmes, highlighting the numerous benefits that AI can offer in supercomputing applications. Additionally, the Union-level cooperation of 'AI Factories' will make computing power available as a service across the Union, essential to the support services offered, further easing access to this critical infrastructure. This will also serve to develop demand-oriented EuroHPC supercomputers, ensuring that the infrastructure meets the evolving needs of users and sectors across the Union.
Amendment 16 #
2024/0016(CNS)
Proposal for a regulation
Recital 5 f (new)
Recital 5 f (new)
(5 f) Whereas the training of Artificial Intelligence (AI) models heavily relies on specialized AI chips, which are predominantly designed and developed outside the European Union, addressing the design and development of a new generation of microprocessors and AI accelerators is critical. This effort is essential to fully power the first European post-exascale supercomputer, thereby reducing dependency on non-EU technologies and enhancing the Union's technological sovereignty. Furthermore, promoting initiatives such as RISC-V is crucial in fostering open-source and innovative microprocessor technologies within the EU. The Commission should assess the procurement of European technology in selection criteria when such technology is developed within Europe.
Amendment 17 #
2024/0016(CNS)
Proposal for a regulation
Recital 5 g (new)
Recital 5 g (new)
(5 g) Implementing 'Second Life' agreements for IT equipment becomes essential when the ratio of 'Computational Power' to 'Energy Consumed' becomes too unfavourable for its original purpose, indicating that an upgrade to more energy-efficient equipment is advisable, or when there are upgrades due to technological improvements. Agreements to implement recycling at the end of the supercomputers' lifecycle are also necessary. Such practices would not only enhance efficiency but also contribute to reducing European dependencies.
Amendment 22 #
2024/0016(CNS)
Proposal for a regulation
Article 1 – paragraph 1 – point 1 – point a
Article 1 – paragraph 1 – point 1 – point a
Regulation (EU) 2021/1173
Article 2, point 3c
Article 2, point 3c
(3c) ‘Artificial Intelligence Factory’ means a centralised or distributed entity providing an Artificial Intelligence supercomputing service infrastructure which is composed of an Artificial Intelligence-dedicated supercomputer or Artificial Intelligence partition of supercomputer or EuroHPC supercomputer upgraded for Artificial Intelligence, an associated data centre, dedicated access and artificial intelligence- oriented supercomputing services and attracting, developing and pooling talent to provide the competences required in using theassist and guide users in the utilization of the supercomputers for Artificial Intelligence and providing the services required for their maintenance of supercomputers forusing Artificial Intelligence;;
Amendment 36 #
2024/0016(CNS)
Proposal for a regulation
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
(iv) the operation of centralised or distributed Artificial Intelligence-oriented supercomputing service centres in support of the Artificial Intelligence startup and research and innovation ecosystem, assisting and guiding users, providing algorithmic support, support for the further development, training, testing, evaluation and validation of Artificial Intelligence training models and systems, and support for the development of emerging large- scale Artificial Intelligence applications in strategic areas such as health and care, climate change, robotics, energy or connected and automated driving.
Amendment 45 #
2024/0016(CNS)
Proposal for a regulation
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Regulation (EU) 2021/1173
Article 4, paragraph 1, point h, new subpoint (viii a)
Article 4, paragraph 1, point h, new subpoint (viii a)
(viii a) The maintenance and optimization of supercomputers with artificial intelligence capabilities, ensuring their reliability and performance for advanced computational tasks.
Amendment 47 #
2024/0016(CNS)
Proposal for a regulation
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Regulation (EU) 2021/1173
Article 9, paragraph 5, point g, subpoint (i)
Article 9, paragraph 5, point g, subpoint (i)
(i) proximity with an established datacentre that has available storage data, or connection to it via very high speed networks, or proximity to a datacentre that is expected to be constructed within one year following the expression of interest, provided that detailed plans and commitments are presented to demonstrate the feasibility and timeline of the construction;
Amendment 51 #
2024/0016(CNS)
Proposal for a regulation
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Regulation (EU) 2021/1173
Article 9, paragraph 5, point g, subpoint (ii)
Article 9, paragraph 5, point g, subpoint (ii)
(ii) vision, plans and capability of the hosting entity to address the challenges of the Artificial Intelligence startup and research and innovation ecosystem and the Artificial Intelligence user community enhancing this ecosystem by promoting synergies and innovation; and providing a supportive centralised or distributed Artificial Intelligence-oriented supercomputing service;
Amendment 53 #
2024/0016(CNS)
Proposal for a regulation
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Regulation (EU) 2021/1173
Article 9, paragraph 5, point g, subpoint (v)
Article 9, paragraph 5, point g, subpoint (v)
(v) existing capabilities and future plans of the hosting entity to contribute to the development of the talent pool and attracting and retaining talent in the field;
Amendment 59 #
2024/0016(CNS)
Proposal for a regulation
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Regulation (EU) 2021/1173
Article 9, paragraph 5, new point (g a)
Article 9, paragraph 5, new point (g a)
(g a) An existing hosting entity selected by the Governing Board after a call for expressions of interest shall meet through a fair and transparent process the criteria referred to in Article 9(5) point g to become an Artificial Intelligence Factory.
Amendment 62 #
2024/0016(CNS)
Proposal for a regulation
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Regulation (EU) 2021/1173
Article 9– paragraph (6a)
Article 9– paragraph (6a)
(6a) For the Artificial Intelligence dedicatedEuroHPC supercomputers referred to in Article 12as 11, 12, 12a, 14, 15, the hosting entity shall create a one-stop shop for the startups, small size companies and other users to facilitate access to its support services.
Amendment 65 #
2024/0016(CNS)
Proposal for a regulation
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Regulation (EU) 2021/1173
Article 10 – paragraph 2, point (1)
Article 10 – paragraph 2, point (1)
(l) the specific conditions applicable when the hosting entity operates a EuroHPC supercomputer for industrial usage, or anfor Artificial Intelligence- dedicated supercomputer. purposes;
Amendment 67 #
2024/0016(CNS)
Proposal for a regulation
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Regulation (EU) 2021/1173
Article 12a – paragraph 7
Article 12a – paragraph 7
7. Without prejudice to the winding up of the Joint Undertaking, as referred to in Article 23(4) of the Statutes, at the earliest fourive years after the successful acceptance test by the Artificial Intelligence-dedicated supercomputer installed in a hosting entity, the ownership of the Artificial Intelligence-dedicated supercomputer may be transferred to that hosting entity, sold to another entity or decommissioned upon decision of the Governing Board and in accordance with the hosting agreement. In the case of transfer of ownership of a Artificial Intelligence-dedicated supercomputer, the hosting entity shall reimburse the Joint Undertaking the residual value of the supercomputer that is transferred. If there is no transfer of ownership to the hosting entity but a decision for decommissioning, the relevant costs shall be shared equally by the Joint Undertaking and the hosting entity. The Joint Undertaking shall not be liable for any costs incurred after the transfer of ownership of the Artificial Intelligence-dedicated supercomputer or after its sale or decommissioning.
Amendment 68 #
2024/0016(CNS)
Proposal for a regulation
Article 1 – paragraph 1 – point 8 – point b
Article 1 – paragraph 1 – point 8 – point b
Regulation (EU) 2021/1173
Article 15 – paragraph 5
Article 15 – paragraph 5
5. The percentage of the Union’s financial contribution for the acquisition costs of the upgrade shall be the same as the percentage of the Union’s financial contribution for the original EuroHPC supercomputer, depreciated over the expected remaining lifetime of the original supercomputer. The percentage of the Union’s financial contribution for the additionaldifference in the operational costs of the upgrade, whether increased or decreased, shall be the same as the percentage of the Union’s financial contribution for the original EuroHPC supercomputer.’;
Amendment 70 #
2024/0016(CNS)
Proposal for a regulation
Article 1 – paragraph 1 – point 9 – point b
Article 1 – paragraph 1 – point 9 – point b
Regulation (EU) 2021/1173
Article 16, paragraph 2b
Article 16, paragraph 2b
2b. The Governing Board shall define specithe general access conditions for the Artificial Intelligence-dedicated supercomputers and the EuroHPC supercomputers upgraded for Artificial Intelligence capabilities in accordance with Article 17 taking into account the specific needs of the Artificial Intelligence startup and research ecosystem. This shall include dedicated access to startups and small companies. Only proposals for developing trustworthy and ethical Artificial Intelligence models, systems and applications that arein line with EU valueensuring a high level of protection of health, safety, fundamental rights enshrined in the article 2 of the Lisbon Treaty and the EU Charter of Fundamental Rights shall be eligible for access.
Amendment 6 #
2023/2184(INL)
Motion for a resolution
Recital A
Recital A
A. whereas the freedom of scientific research is one of the constituent parts of academic freedom and is under pressure in the Union and is gradually eroding 2 ; _________________ 2 STOA study: State of play of academic freedom in the EU member states: Overview of de facto trends and developments
Amendment 10 #
2023/2184(INL)
Motion for a resolution
Recital A a (new)
Recital A a (new)
Aa. whereas in one EU Member State, Hungary, structural de facto violations of academic freedom are taking place;
Amendment 12 #
2023/2184(INL)
Motion for a resolution
Recital A b (new)
Recital A b (new)
Ab. whereas restrictions to academic freedom result in negative impacts for the EU economy, stifling innovation, slowing scientific progress, and reducing Europe's global competitiveness;
Amendment 13 #
2023/2184(INL)
Motion for a resolution
Recital A c (new)
Recital A c (new)
Ac. whereas erosion of the academic freedom contributes to brain drain of top researchers, self-censorship among academics, less critical analysis on social and political issues, less interdisciplinary collaboration, less public discourse and debate;
Amendment 16 #
2023/2184(INL)
C. whereas the Bonn Declaration on Freedom of Scientific Research includes a definition of the freedom of scientific research as well as a recognition of the responsibilities for both governments and research organisations to promote the freedom of scientific research;
Amendment 18 #
2023/2184(INL)
Motion for a resolution
Recital C a (new)
Recital C a (new)
Ca. whereas the Bonn Declaration lacks implementation instruments at European level;
Amendment 41 #
2023/2184(INL)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Notes that the Commission's communication of 30 September 2020, entitles ‘A new ERA for Research Innovation' confirms that the completion of the ERA requires the full respect of the freedom of scientific research, which includes, but is not limited to, non- interference in research agendas, institutional autonomy, and adequate funding;
Amendment 50 #
2023/2184(INL)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Calls on the Member States to fully respect and uphold the freedom of scientific research, and to ensure that any measures taken in the name of public interest (such as national security, public safety, and public health) do not unduly restrict the freedom of scientific research;
Amendment 56 #
2023/2184(INL)
9. Expresses its concern with regard to the Commission's failure to use its legal authority under the EU Treaties to protect the freedom of scientific research as one of the fundamental rights of EU citizens is a serious abdication of its responsibility, and calls on the Commission to take immediate action to remedy that situation;
Amendment 60 #
2023/2184(INL)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Calls on the Commission and Member States to promote public awareness of the importance of freedom of scientific research through education, public outreach, and support for science journalism;
Amendment 25 #
2023/2110(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Calls on the Commission, in cooperation with the Member States, to propose harmonised definitions of a start- up and a scale-up respectively, taking into account how they differ from one another and the clear distinction between them andir particular status relative to SMEs;
Amendment 34 #
2023/2110(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Is worried that the failure to adopt proper definitions hinders the effectiveness of existing policies and legislation; notes that, although start-ups and SMEs have some overlapping interests, they differ substantially once they enter the fundraising and growth phase; believes, therefore, that simply classing start-ups as SMEs, without a clear sub-division, limits their growth, access to markets and investment opportunities;
Amendment 155 #
2023/2110(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Encourages the Commission to consider further measures to open up government and public sector data sets, always protecting personal data, enabling real-time data insights that empower better decision-making and drive innovation for start-ups and scale-ups;
Amendment 159 #
2023/2110(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Urges the Commission to consider additional measures to ensure that start-ups and scale-ups are able to access and use data for research and to apply AI technology to solve day-to-day challenges, and that they benefit from the widest possible range of public and private data sets, whilst protecting data of a sensitive nature;
Amendment 162 #
2023/2110(INI)
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
19a. Highlights the importance of streamlining and implementing the ‘once only’ principle for data sharing between administrations and the ‘digital by default’ principle in administrative procedures, both at EU and Member State level; believes the standardisation and digitalisation of procedures and forms, in line with these principles, will significantly help start-ups and scale-ups by reducing administrative burdens in the long-term; calls on the Commission and Member States to make progress on implementing these principles;
Amendment 171 #
2023/2110(INI)
Motion for a resolution
Paragraph 22 a (new)
Paragraph 22 a (new)
22a. Stresses the importance of strictly applying the ‘SME test’ to implement the ‘Think Small First’ principle in all relevant legislative proposals and policy initiatives, in order to ensure proportionate impact assessments; calls on the Commission to consistently apply the SME test in impact assessments and closely monitor its implementation;
Amendment 173 #
2023/2110(INI)
Motion for a resolution
Paragraph 22 b (new)
Paragraph 22 b (new)
22b. Welcomes new better regulation tools and the ‘one in, one out’ principle, but believes even more ambition is needed on regulatory simplification; calls therefore for the introduction of a ‘one in, two out’ approach in relevant legislation in order to effectively reduce regulatory burdens, especially for start-ups and scale-ups; believes this simplification is essential to foster innovation and competitiveness;
Amendment 175 #
2023/2110(INI)
Motion for a resolution
Paragraph 22 c (new)
Paragraph 22 c (new)
22c. Calls on the Commission to explore the creation of a voluntary pan- European credit referral system for start- ups and scale-ups rejected for bank loans, to help identify alternative appropriate market-based financing options such as venture capital and crowdfunding; stresses the need to expand initiatives like VentureEU to attract greater private investment in start-ups and scale-ups and start-ups in the long term; urges the Commission to encourage Member States to enhance tax incentives for business angels and investors in new start-ups and scale-ups, based on common criteria on size and duration of investment; calls on the Commission to examine best practices in this domain across the EU and provide recommendations to promote a common framework.
Amendment 14 #
2023/2109(INI)
Aa. (new) whereas the EU will experience increasing demand for electricity in achieving the green transition;
Amendment 136 #
2023/2109(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Recognises that a growing number of Member States are considering nuclear for their energy mix, emphasises the need for nuclear energy to achieve the climate goals of climate neutrality by 2050;
Amendment 147 #
2023/2109(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. (new) Recognises the important role of nuclear energy in limiting our dependence on third countries and achieving energy security and stable energy prices within the European Union;
Amendment 269 #
2023/2109(INI)
Motion for a resolution
Paragraph 29
Paragraph 29
29. Emphasises that R&D should support all different generations of SMRs and not only focus on the needs of the first generation of SMR light water reactors, expected by the beginning of the 2030s, but should also further support fourth- generation types of reactors, the so-called ‘advanced modular reactors’;
Amendment 36 #
2023/2078(INI)
Motion for a resolution
Recital E
Recital E
E. whereas fragmentation and the lack of cross-border consolidation of the EU banking sector is affecting its global competitiveness and results in reduced services and offers and often increased costs for EU citizens; whereas the profitability gap between EU and US banks has widened;
Amendment 37 #
2023/2078(INI)
Motion for a resolution
Recital E
Recital E
E. whereas fragmentation and the lack of cross-border consolidation of the EU banking sector is affecting its global competitiveness; whereas the profitability gap between EU and US banks has widened; during the last decade and EU banks’ return on equity is 5 points lower than US banks’;1a _________________ 1a https://www.ecb.europa.eu/pub/pdf/scpops /ecb.op327~0d50b9136f.en.pdf
Amendment 39 #
2023/2078(INI)
Motion for a resolution
Recital E a (new)
Recital E a (new)
E a. whereas a fully developed Banking Union would boost the competitiveness of the banking sector, promote cross-border mergers and increase its stability; whereas the completion of the Banking Union would improve consumer choice and facilitate a broader access to credit;
Amendment 43 #
2023/2078(INI)
Motion for a resolution
Recital E b (new)
Recital E b (new)
E b. whereas the EU largely remains a bank-based economy and the completion of the Capital Markets Union is key to diversify access to finance by households, companies and SMEs;
Amendment 47 #
2023/2078(INI)
Motion for a resolution
Recital F
Recital F
F. whereas a strong banking sector is key for delivering economic growth, financing small and medium-sized enterprises (SMEs) and start-ups and the urgent transition to a green and digital economy;
Amendment 48 #
2023/2078(INI)
Motion for a resolution
Recital G
Recital G
G. whereas the non-performing loan (NPL) ratio slightly decreased to 2.24% in the first quarter of 2023 de, and has steadily declined since the end of the Great Recession (in spite of the pandemic and the Russian aggression againstinvasion of Ukraine);
Amendment 85 #
2023/2078(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Calls on institutECB Banking Supervisions to assist the remaining EU banks operating in Russia in preparing an orderly exit from the Russian market;
Amendment 98 #
2023/2078(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Warns that recent increases in the short-term profitability of EU banks are not enough to ensure their long-term competitiveness; highlights that fragmentation limits banks’ ability to undertake strategic investments, to deliver efficiency gains that will improve the value for money for all their customers, and to foster the development of European capital markets;
Amendment 99 #
2023/2078(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Warns that recent increases in the profitability of EU banks (annualised return on equity is up to 9.56% in the first quarter of 2023, while in the same period of 2022 it was 7.68%) are not enough to ensure their competitiveness; highlights that fragmentation limits banks’ ability to undertake strategic investments;
Amendment 107 #
2023/2078(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Calls for consolidation in the EU to be promoted by removing incentives for risk fencing and regulatory impediments to cross-border mergers; highlights that consolidation would increase the profitability of the EU banking sector and financial stability by allowing diversification ;
Amendment 109 #
2023/2078(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Calls for consolidation in the EU to be promoted by removing regulatory impediments to cross-border mergers; highlights that consolidation would increase the profitability of the EU banking sector and financial stability while improving the current situation of reduced services offered and increased costs for citizens in many Member States, notes at the same time that he current level playing field imbalance between EU and third country banks present in the EU would be reduced ;
Amendment 117 #
2023/2078(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7 a. Calls on banks to take their commitments to the EU Green Deal and the EU Climate law seriously and to reduce their exposure to fossil fuels; underlines the importance of the EBA reports on the crucial issues of the riskiness of institutions’ exposures to ESG assets and the potential effects of an adjusted prudential treatment of these exposures, to be published by the end of 2024 and 2025;
Amendment 127 #
2023/2078(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Notes that the Common Equity Tier 1 ratio increased in the first quarter of 2023, but regrets that the liquidity coverage ratio fell; to 15.53% (up from 14.99% in the first quarter of 2022); regrets that the liquidity coverage ratio fell to 161.27% in the first quarter of 2023 (down from 167.9% in the first quarter of 2022);
Amendment 139 #
2023/2078(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Highlights that the limited impact in the European Union of the recent failure of midsized US banks proves the resilience of the EU banking sector; stresses the importance of clear, precise, crisis management plans, and the need for greater harmonisation and a level playing field for the application of crisis management rules between Member States, calls for this element to be at the forefront of the current reform; underlines that EU supervisors efficiently addressed risks arising from changes in the interest rate landscape; calls on supervisors to continue assessing exposures to further interest rate hikes;
Amendment 155 #
2023/2078(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Welcomes the agreement reached at interinstitutional level to implement Basel III standards in the EU; highlightunderlines that the framework will not increasedeliver differing levels of prudential requirements for banks or damage their competitivenes increases depending on banks’ structures and business models; recalls that these new rules will continue to increase financial stability in the European Union and underlines the importance of a level playing field between jurisdictions; notes that the implementation of the Basel standards tofor crypto-assets is still pending and awaits the Commission’s legislative proposal by 30 June 2025 to introduce a dedicated prudential treatment for exposures to crypto assets, taking into account the Basel standards;
Amendment 167 #
2023/2078(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Highlights the importance of combining further integration with credibladequate safeguards addressing the home- host issue in a proportionate manner;
Amendment 178 #
2023/2078(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. UnderlinesWarns of the importance of protecting creditor hierarchy in banking resolution; welcomes the joint and insolvency procedures; welcomes the statement by the ECB banking supervision, SRB and EBA statement regarding the full use ofunderlining that in the EU common equity instruments beforeshall absorb losses and Additional Tier 1 capital isould only be written down if the former have been fully used;
Amendment 188 #
2023/2078(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Welcomes the proposal to reform the CMDI framework following calls by Parliament; calls for the scope of resolution to be expanded, clarification of public interest assessments and, for the scope of State aid to be limited, the mitigation of any measures which could create excessive moral hazard, balance between flexibility and constraints when using the industry funded safety nets, harmonisation of crisis management procedures to deliver predictability and a level playing field;
Amendment 196 #
2023/2078(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Highlights the role of the SRB and industry-funded safety nets in protecting taxpayers from paying for bailouts; calls for the introduction of a backstop consisting of a credit line from the European Stability Mechanism; believes that contributions to industry-funded safety nets must always be calculated in proportion to the risk that the institution represents;
Amendment 1 #
2023/0373(COD)
Proposal for a regulation
Recital 32
Recital 32
(32) Micro, small and medium-sized enterprises (SMEs) in the pellet supply chain should comply with the relevant obligations laid down in this Regulation, however they could face proportionally higher costs and difficulties when complying with some of the obligations. The Commission should raise awareness among economic operators and carriers regarding the necessity of preventing pellet losses. Additionally, the Commission should develop training materials to assist them in fulfilling their obligations, particularly with respect to the requirements of the risk assessment. Member States should provide access to information and assistance regarding compliance with obligations and the risk assessment requirements. Regarding the assistance of Member States, this could include technical and financial support as well as specialised training to SMEs. Member States actions should be taken in respect of applicable State aid rulesall be exempted from the relevant obligations laid down in this regulation.
Amendment 17 #
2023/0373(COD)
Proposal for a regulation
Article 12 – paragraph 3 a (new)
Article 12 – paragraph 3 a (new)
3 a. Micro, small and medium-sized enterprises (SMEs) in the pellet supply chain shall be exempted from the relevant obligations laid down in this regulation.
Amendment 20 #
2023/0373(COD)
Proposal for a regulation
Article 17 – paragraph 2 – point d
Article 17 – paragraph 2 – point d
(d) the specific needs ofexemptions provided to micro, small and medium-sized enterprises.
Amendment 38 #
2023/0237(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) It is necessary to ensure that national public bodies in charge of administrative data sources relevant for development, production and dissemination of European statistics allow national statistical authorities to access, reuse and integrate this data free of charge in time and with sufficient frequency for the purposes of developing, producing and transmitting statistics to the Commission (Eurostat)disseminating European statistics within the deadlines and in accordance with quality requirements defined in Union statistical legislation.
Amendment 41 #
2023/0237(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 1 – point b
Article 1 – paragraph 1 – point 1 – point b
Regulation (EC) No 223/2009
Article 3 – point 5 b
Article 3 – point 5 b
5b. ‘data access’ means processing by a national statistical institute or the Commission (Eurostat) of data that has been provided by a private data holder, in accordance with specific technical, legal or organisational requirements, without necessarily requiring the transmission or downloading of such data;
Amendment 42 #
2023/0237(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 1 – point b a (new)
Article 1 – paragraph 1 – point 1 – point b a (new)
Regulation (EC) No 223/2009
Article 3 – point 7 a (new)
Article 3 – point 7 a (new)
(ba) the following point is inserted: "7a. ‘privately held data’ means data held by private entities, the main aim of which is not the provision of statistics; "
Amendment 43 #
2023/0237(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 1 – point c
Article 1 – paragraph 1 – point 1 – point c
Regulation (EC) No 223/2009
Article 3 – point 8
Article 3 – point 8
8. ‘use for statistical purposes’ means the exclusive use for the development and, production and dissemination of statistical results and analyses, including for related research and scientific activities or the establishment of sampling frames;;
Amendment 49 #
2023/0237(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
3. When assessing the need for temporary statistical actions, the Commission (Eurostat) shall promptly inform and shall consult the ESS Committee and take into account its opinion and professional guidance.
Amendment 50 #
2023/0237(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EC) No 223/2009
Article 16 a – paragraph 4
Article 16 a – paragraph 4
4. The NSIs may decide, separately and on a voluntary basis, to participate in these temporary statistical actions, but shall, together with the Commission (Eurostat), ensure the relevance and sufficient coverage of those actions at Union level. When participating in temporary statistical actions, the NSIs shall comply with the common timespan, frequency and quality requirements for the national data to be provided to the Commission (Eurostat).
Amendment 51 #
2023/0237(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EC) No 223/2009
Article 16 a – paragraph 5
Article 16 a – paragraph 5
Amendment 52 #
2023/0237(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EC) No 223/2009
Article 16 a – paragraph 6
Article 16 a – paragraph 6
Amendment 54 #
2023/0237(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Regulation (EC) No 223/2009
Article 17 a – paragraph 1
Article 17 a – paragraph 1
1. National public bodies in charge of administrative data sources relevant for development, production and dissemination of European statistics shall allow the NSIs and other national authorities (hereafter ‘ONA’) referred to in Article 4, to access, reuse and integrate, free of charge, this data and the relevant metadata, in timely manner and with sufficient frequency for the purpose of development, producingtion and transmitting statistics to the Commission (Eurostat)dissemination of European statistics within the deadlines and in accordance with quality requirements laid down in Union statistical legislation.;
Amendment 55 #
2023/0237(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Regulation (EC) No 223/2009
Article 17 b – paragraph 1
Article 17 b – paragraph 1
1. Without prejudice to reporting obligations laid down in sectoral statistical legislation of the Union, national legislation nor to the obligation for data holders to make data available based on exceptional need in accordance with the Data Act, an NSI or the Commission (Eurostat) may request a private data holder to make data and the relevant metadata available for the development and production of European statistics if the annual work programme has established the following conditions:
Amendment 61 #
2023/0237(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Regulation (EC) No 223/2009
Article 17 c – paragraph 5
Article 17 c – paragraph 5
5. Without prejudice to reporting obligations laid down in sectoral statistical legislation of the Union or national legislation, a data holder shall make the relevant data available to the NSI or the Commission (Eurostat) within the period specified in the decision pursuant to paragraph 1 and 4 of this Article.
Amendment 62 #
2023/0237(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Regulation (EC) No 223/2009
Article 17 c – paragraph 6
Article 17 c – paragraph 6
6. The Member States and the Commission shallmay take appropriate measures to ensure the effective enforcement of the decisions adopted in accordance with paragraph 4. Those measures may include the adoption of fines where the private data holder intentionally or negligently fails to supply the data requested by decision within the set period or supplies incorrect, incomplete or misleading data. In fixing the amount of the fines, the Member State and the Commission shall have regard to the nature, gravity, duration and recurrence of the infringement.
Amendment 63 #
2023/0237(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Regulation (EC) No 223/2009
Article 17 e – paragraph 1 – introductory part
Article 17 e – paragraph 1 – introductory part
1. The NSIs and the Commission (Eurostat) shall use data made available in accordance with Article 17b for the development and, production and dissemination of European statistics:
Amendment 69 #
2023/0237(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Regulation (EC) No 223/2009
Article 17 f – paragraph 1
Article 17 f – paragraph 1
1. DNon-confidential data shall be shared between NSIs and between NSIs and the Commission (Eurostat) exclusively for statistical purposes and for improving the quality of European statistics.
Amendment 57 #
2023/0109(COD)
Proposal for a regulation
Recital 15
Recital 15
(15) At national level, the monitoring, detection and analysis of cyber threats is typically ensured by SOCs of public and private entities, in combination with CSIRTs. In addition, CSIRTs exchange information in the context of the CSIRT network, in accordance with Directive (EU) 2022/2555. The Cross-border SOCs should constitute a new capability that is complementary to the CSIRTs network, by pooling and sharing data on cybersecurity threats from public and private entities, enhancing the value of such data through expert analysis and jointly acquired infrastructures and state of the art tools, and contributing to the development of Union capabilities and technological sovereigntya significant cybersecurity ecosystem with strong Union capabilities and cooperation with like-minded partners.
Amendment 59 #
2023/0109(COD)
Proposal for a regulation
Recital 16
Recital 16
(16) The Cross-border SOCs should act as a central point allowing for a broad pooling of relevant data and cyber threat intelligence, enable the spreading of threat information among a large and diverse set of actors (e.g., Computer Emergency Response Teams (‘CERTs’), CSIRTs, Information Sharing and Analysis Centers (‘ISACs’), operators of critical infrastructures). The information exchanged among participants in a Cross- border SOC could include analyzed data from networks and, sensors, logging, and telemetry, threat intelligence feeds, indicators of compromise, and contextualised information about incidenttactics, techniques and procedures (TTPs), incidents, malware samples, threats and vulnerabilities. In addition, Cross-border SOCs should also enter into cooperation agreements with other Cross- border SOCs.
Amendment 63 #
2023/0109(COD)
Proposal for a regulation
Recital 20
Recital 20
(20) By collecting, sharing and exchanging data, the European Cyber Shield should enhance the Union’s technological sovereigntysignificant cybersecurity ecosystem. The pooling of high-quality curated data should also contribute to the development of advanced artificial intelligence and data analytics technologies. It should be facilitated through the connection of the European Cyber Shield with the pan- European High Performance Computing infrastructure established by Council Regulation (EU) 2021/117325 . _________________ 25 Council Regulation (EU) 2021/1173 of 13 July 2021 on establishing the European High Performance Computing Joint Undertaking and repealing Regulation (EU) 2018/1488 (OJ L 256, 19.7.2021, p. 3).
Amendment 68 #
2023/0109(COD)
Proposal for a regulation
Recital 33
Recital 33
(33) A Union-level Cybersecurity Reserve should gradually be set up, with initial funding of 10 million euro under this Regulation until the Evaluation. It consistings of services from private providers of managed security services to support response and immediate recovery actions in cases of significant or large-scale cybersecurity incidents. The EU Cybersecurity Reserve should ensure the availability and readiness of services. The services from the EU Cybersecurity Reserve should serve to support national authorities in providing assistance to affected entities operating in critical or highly critical sectors as a complement to their own actions at national level. When requesting support from the EU Cybersecurity Reserve, Member States should specify the support provided to the affected entity at the national level, which should be taken into account when assessing the Member State request. The services from the EU Cybersecurity Reserve may also serve to support Union institutions, bodies and agencies, under similar conditions. The Commission shall ensure that it will not duplicate similar initiatives within NATO.
Amendment 70 #
2023/0109(COD)
Proposal for a regulation
Recital 35 a (new)
Recital 35 a (new)
(35a) In light of the additional tasks provided for in this Regulation as well as in the [Proposal for horizontal cybersecurity requirements for products with digital elements], ENISA should be provided with the necessary human and financial resources under the Union budget.
Amendment 88 #
2023/0109(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 1
Article 2 – paragraph 1 – point 1
(1) ‘Cross-border Security Operations Centre’ (“Cross-border SOC”) means a multi-country platform, that brings together in a coordinated network structure national SOCs from at least three Member States who form a Hosting Consortium, and that is designed to preventdetect and analyze cyber threats and prevent incidents and to support the production of high-quality intelligence, notably through the exchange of data from various sources, public and private, as well as through the sharing of state-of-the-art tools and jointly developing cyber detection, analysis, and prevention and protection capabilities in a trusted environment;
Amendment 101 #
2023/0109(COD)
Proposal for a regulation
Article 3 – paragraph 1 – subparagraph 1
Article 3 – paragraph 1 – subparagraph 1
An interconnected pan-European infrastructure of Security Operations Centres (‘European Cyber Shield’) shall be established to develop advanced capabilities for the Union to detect, analyse and process data on cyber threats and prevent incidents in the Union. It shall consist of all National Security Operations Centres (‘National SOCs’) and Cross- border Security Operations Centres (‘Cross-border SOCs’).
Amendment 106 #
2023/0109(COD)
Proposal for a regulation
Article 3 – paragraph 2 – subparagraph 1 – point e
Article 3 – paragraph 2 – subparagraph 1 – point e
(e) provide services and activities for the cybersecurity community in the Union, including contributing to the development of advanced artificial intelligence and data analytics tools.
Amendment 110 #
2023/0109(COD)
Proposal for a regulation
Article 4 – paragraph 1 – subparagraph 2
Article 4 – paragraph 1 – subparagraph 2
It shall have the capacity to act as a reference point and gateway to other public and private organisations at national level for collecting and analysing information on cybersecurity threats and incidents and contributing to a Cross-border SOC. It shall be equipped with state-of-the-art technologies capable of detecting, aggregating, and analysing data relevant to cybersecurity threats and incidents. It or the national CSIRT may request telemetry, sensor or logging data that pertain to sectors of high criticality as defined in 2022/2555 from trusted providers or managed security service providers. This data may only be shared to support the tasks and responsibilities of the national SOC or CSIRT in detecting and preventing cybersecurity incidents.
Amendment 120 #
2023/0109(COD)
Proposal for a regulation
Article 5 – paragraph 2 a (new)
Article 5 – paragraph 2 a (new)
2a. Procurement from and participation of a private entity that is established in a like-minded third country should be allowed if it does not contravene the security and defence interests of the Union and the Member States as established in the framework of the common foreign and security policy pursuant to Title V of the TEU, or the objectives set out in this Regulation. Those private entities should not be controlled by a non-associated third country or they shall have been subject to screening within the meaning of Regulation (EU) 2019/452 of the European Parliament and of the Council.
Amendment 126 #
2023/0109(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point a
Article 6 – paragraph 1 – point a
(a) aims to prevent, detect, respond to or recover from incidentsproves the exchange of cyber threat intelligence between SOCs and industry ISACs with the aim to prevent, detect, or to mitigate their impactincidents;
Amendment 129 #
2023/0109(COD)
Proposal for a regulation
Article 6 – paragraph 2 – point a
Article 6 – paragraph 2 – point a
(a) a commitment to share a significant amount of data referred to in paragraph 1, and the conditions under which that information is to be exchanged;
Amendment 131 #
2023/0109(COD)
Proposal for a regulation
Article 6 – paragraph 3
Article 6 – paragraph 3
3. To encourage exchange of information betweenamongst Cross-border SOCs and with industry ISACs, Cross-border SOCs shall ensure a high level of interoperability between themselves and, where possible with industry ISACs. To facilitate the interoperability between the Cross-border SOCs, the Commission may, by means of implementing acts, after consulting the ECCC, specify the conditions for this interoperability. Those implementing and with industry ISACs, information sharing standards and protocols should be harmonized with international standards and industry best practices. The ECCC may also request the Commission by means of delegated acts to propose the conditions for this interoperability in close coordination with the regional SOCs and on the basis of international standards and industry best practices. Those delegated acts shall be adopted in accordance with the examination procedure referred to in Article 21(2) of this Regulation.
Amendment 135 #
2023/0109(COD)
Proposal for a regulation
Article 6 – paragraph 4
Article 6 – paragraph 4
4. Cross-border SOCs shall conclude cooperation agreements with one another and with industry ISACs, specifying information sharing and interoperability principles among the cross-border platforms.
Amendment 136 #
2023/0109(COD)
Proposal for a regulation
Article 7 – title
Article 7 – title
Cooperation and information sharing with Union entitiesthe CSIRT network
Amendment 137 #
2023/0109(COD)
1. Where the Cross-border SOCs obtain information relating to a potential or ongoing large-scale cybersecurity incident, they for the purpose of shared situation awareness, the coordinating SOC shall provide the relevant information to its CSIRT or competent authority, which will report this to the EU=CyCLONe, the CSIRTs network and the Commission, in view of their respective crisis management roles and procedures in accordance with Directive (EU) 2022/2555 without undue delay.
Amendment 141 #
2023/0109(COD)
Proposal for a regulation
Article 7 – paragraph 2
Article 7 – paragraph 2
2. The Commission may, after consulting the cross-border platforms and the CSIRT network, by means of implementing acts, determine the procedural arrangements for the information sharing provided for in paragraphs 1. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 21(2) of this Regulation and in accordance with Directive (EU) 2022/2555.
Amendment 145 #
2023/0109(COD)
Proposal for a regulation
Article 8 – paragraph 3
Article 8 – paragraph 3
3. The Commission may adopt implementing acts laying down technical requirements for Member States to comply with their obligation under paragraph 1 and 2. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 21(2) of this Regulation and with Directive (EU) 2022/2555 and 2022/2557. In doing so, the Commission, supported by the High Representative, shall take into account relevant defence-level security standards, in order to facilitate cooperation with military actors.
Amendment 153 #
2023/0109(COD)
Proposal for a regulation
Article 11 – paragraph 2
Article 11 – paragraph 2
2. The NIS Cooperation Group in cooperation with the Commission, ENISA, and the High Representative, shall develop common risk scenarios and methodologies for the coordinated testing exercisespreparedness testing. This will inform the identification of sectors, or -subsectors concerned from which entities may be subject to the coordinated prepareness testing as described in paragraph 1.
Amendment 161 #
2023/0109(COD)
Proposal for a regulation
Article 12 – paragraph 5
Article 12 – paragraph 5
5. The Commission shall have overall responsibility for the implementation of the EU Cybersecurity Reserve. The Commission shall determine the priorities and evolution of the EU Cybersecurity Reserve, in coordination with the NIS2 Coordination Group and in line with the requirements of the users referred to in paragraph 3, and shall supervise its implementation, and ensure complementarity, consistency, synergies and links with other support actions under this Regulation as well as other Union actions and programmes.
Amendment 167 #
2023/0109(COD)
7. In order to support the Commission in establishing the EU Cybersecurity Reserve, ENISA shall prepare a mapping of the services needed, after consulting Member States and, the Commission, managed security services providers and industry representatives. ENISA shall prepare a similar mapping, after consulting the Commission, to identify the needs of third countries eligible for support from the EU Cybersecurity Reserve pursuant to Article 17. The Commission, where relevant, shall consult the High Representative.
Amendment 175 #
2023/0109(COD)
Proposal for a regulation
Article 14 – paragraph 2 – point d
Article 14 – paragraph 2 – point d
(d) the scale and potential cross-border nature of the incident and the risk of spill over to other Member States or users;
Amendment 177 #
2023/0109(COD)
Proposal for a regulation
Article 14 – paragraph 3
Article 14 – paragraph 3
3. The EU Cybersecurity Reserve services shall be provided upon approval of the user and in accordance with specific agreements between the service provider and the user to which the support under the EU Cybersecurity Reserve is provided. Those agreements shall include liability conditions.
Amendment 180 #
2023/0109(COD)
Proposal for a regulation
Article 14 – paragraph 5
Article 14 – paragraph 5
5. The Commission and ENISA shall bear no contractual liability for damages caused to third parties by the services provided in the framework of the implementation of the EU Cybersecurity Reserve, except in cases of negligence in the evaluation of the application of the service provider, or in cases where the Commission or ENISA are users and are found responsible for damages.
Amendment 182 #
2023/0109(COD)
Proposal for a regulation
Article 14 – paragraph 6
Article 14 – paragraph 6
6. Within one month from the end of the support action, the users shall provide Commission and ENISA with a summary report about the service provided, results achieved and the lessons learned. When the user is from a third country as set out in Article 17, such report shall be shared with the High Representative. The report shall respect Union or national law concerning the protection of sensitive or classified information.
Amendment 184 #
2023/0109(COD)
Proposal for a regulation
Article 14 – paragraph 7
Article 14 – paragraph 7
7. The Commission shall report to the NIS Cooperation Group about the use and the results of the support, on a regular basis. It shall protect confidential information, in accordance with Union or national law concerning the protection of sensitive or classified information.
Amendment 199 #
2023/0109(COD)
Proposal for a regulation
Article 16 – paragraph 2 – point j
Article 16 – paragraph 2 – point j
(j) once an EU certification scheme for managed security service Regulation (EU) 2019/881 is in place, the provider shall be certified in accordance with that scheme within two years.
Amendment 200 #
2023/0109(COD)
Proposal for a regulation
Article 16 – paragraph 2 – point j a (new)
Article 16 – paragraph 2 – point j a (new)
(ja) the provider shall be able to unbundle their services from the wider contract so the user can switch to another service provider;
Amendment 204 #
2023/0109(COD)
Proposal for a regulation
Article 18 – paragraph 3
Article 18 – paragraph 3
3. The report shall cover a review and analysis of the specific significant or large- scale cybersecurity incident, including the main causes, vulnerabilities and lessons learned. It shall protect confidential information, in accordance with Union or national law concerning the protection of sensitive or classified information. It shall not include any details about actively exploited vulnerabilities that remain unpatched.
Amendment 213 #
2023/0109(COD)
Proposal for a regulation
Article 20 – paragraph 1 a (new)
Article 20 – paragraph 1 a (new)
Every year when presenting the Draft Budget for the following year, the Commission shall submit a detailed assessment of ENISA's tasks under this Regulation as well as [the proposal for a Regulation on horizontal cybersecurity requirements for products with digital elements] and other Union legislation and shall detail the financial and human resources needed to fulfil those tasks.
Amendment 38 #
2023/0108(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Regulation (EU) 2019/881
Article 47 – paragraph 3 – point a
Article 47 – paragraph 3 – point a
(a) the availability and the development of national cybersecurity certification schemes and international and industry standards covering a specific category of ICT products, ICT services, or ICT processes or managed security services and, in particular, as regards the risk of fragmentation;
Amendment 40 #
2023/0108(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Regulation (EU) 2019/881
Article 49 – paragraph 7
Article 49 – paragraph 7
7. The Commission, based on the candidate scheme prepared by ENISA, may adopt implementingdelegated acts providing for a European cybersecurity certification scheme for ICT products, ICT services, ICT processes and managed security services which meets the requirements set out in Articles 51, 52 and 54. (Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 66(2).;is amendment applies throughout the text. Adopting it will necessitate corresponding changes throughout.)
Amendment 41 #
2023/0108(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Regulation (EU) 2019/881
Article 49 – paragraph 7a (new)
Article 49 – paragraph 7a (new)
7 a. Prior to adopting such delegated acts, the Commission, in cooperation with ENISA, shall carry out and publish an impact assessment of the proposed European cybersecurity certiciation scheme. While preparing the impact assessment, the Commission shall carry out public consultations and consultations with the SCCG and ECCG.
Amendment 47 #
2023/0108(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 14
Article 1 – paragraph 1 – point 14
1. Without prejudice to paragraph 3 of this Article, national cybersecurity certification schemes, and the related procedures for the ICT products, ICT services, ICT processes and managed security services that are covered by a European cybersecurity certification scheme shall cease to produce effects from the date established in the implementing act adopted pursuant to Article 49(7)delegated act. National cybersecurity certification schemes and the related procedures for the ICT products, ICT services, ICT processes and managed security services that are not covered by a European cybersecurity certification scheme shall continue to exist. (This amendment applies throughout the text. Adopting it will necessitate corresponding changes throughout.)
Amendment 65 #
2023/0090(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 3
Article 3 – paragraph 1 – point 3
(3) ‘non-road mobile machinery produced in small series’ means the national type-approval of a type of non- road mobile machinery of which the number of units that are made available on the market, registered or entered into service cannot exceed, per year and in each Member State, 5100 units per that type;
Amendment 75 #
2023/0090(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 29
Article 3 – paragraph 1 – point 29
(29) ‘non-road mobile machinery presenting a serious risk’ means non-road mobile machinery that, based on an appropriate risk assessment that takes account of the nature of the hazard and the likelihood of its occurrence, presents a serious risk in relation to the aspectto its safe usage on public roads covered by this Regulation;
Amendment 108 #
2023/0090(COD)
Proposal for a regulation
Article 15 – paragraph 2 – subparagraph 1 – point q
Article 15 – paragraph 2 – subparagraph 1 – point q
Amendment 111 #
2023/0090(COD)
Proposal for a regulation
Article 15 – paragraph 2 – subparagraph 1 – point y
Article 15 – paragraph 2 – subparagraph 1 – point y
Amendment 126 #
2023/0090(COD)
Proposal for a regulation
Article 26 – paragraph 2 – subparagraph 2
Article 26 – paragraph 2 – subparagraph 2
However, in the case of the first subparagraph, point (b), the EU type- approval and the relevant EU type- approval certificate shall become invalid 1836 months after the date of applicability of the new requirements referred to in the first subparagraph, point (b).
Amendment 202 #
2023/0077(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) A well-integrated market which builds on the Clean Energy for all Europeans Package adopted in 2018 and 201926 should allow the Union to reap the economic benefits of a single energy market in normal market circumstances, ensuring security of supply and sustaining the decarbonisation process. Cross-border interconnectivity also ensures safer, more reliable and efficient operation of the power system. To this end, the Commission should consider how to improve monitoring and enforcement of the 2019 Electricity Market Regulations, including the obligation to make 70% of interconnector capacity available for cross-border trade. Furthermore, the Commission should consider to increase the 70% obligation, and limit possible derogations, to make the electricity market fit for an energy system primarily based on renewable energy, which merits a need for better interconnection to sustain a high security of supply. _________________ 26 Regulation (EU) 2018/1999 of the European Parliament and of the Council of 11 December 2018 on the Governance of the Energy Union and Climate Action, OJ L 328, 21.12.2018, p. 1; Directive (EU) 2018/2001 of the European Parliament and of the Council of 11 December 2018 on the promotion of the use of energy from renewable sources (recast), OJ L 328, 21.12.2018, p. 82; Directive (EU) 2018/2002 of the European Parliament and of the Council of 11 December 2018 amending Directive 2012/27/EU on energy efficiency, OJ L 328, 21.12.2018, p. 210; Regulation (EU) 2019/942 of the European Parliament and of the Council of 5 June 2019 establishing a European Union Agency for the Cooperation of Energy Regulators (recast), OJ L 158, 14.6.2019, p. 22; Regulation (EU) 2019/943 of the European Parliament and of the Council of 5 June 2019 on the internal market for electricity (recast), OJ L 158, 14.6.2019, p. 54; Directive (EU) 2019/944 of the European Parliament and of the Council of 5 June 2019 on common rules for the internal market for electricity (recast), OJ L 158, 14.6.2019, p. 125.
Amendment 225 #
2023/0077(COD)
Proposal for a regulation
Recital 14 a (new)
Recital 14 a (new)
(14a) Member States should design their bidding zones to reflect the physical reality of the transmission grid. This is important as the electricity demand of the EU is expected to double en route to climate neutrality. Moreover, if green hydrogen is to develop into industrial scale, the need for well-designed bidding zones increases further. If green hydrogen production is placed nearby renewable energy facilities, it could ease the pressure on transmission grids. Conversely, if operators place green hydrogen production nearby consumption centres, which they are incentivized to do, if bidding zones do not reflect the physical reality, it could double the pressure on transmissions grids.
Amendment 226 #
2023/0077(COD)
Proposal for a regulation
Recital 16
Recital 16
Amendment 231 #
2023/0077(COD)
Proposal for a regulation
Recital 17
Recital 17
(17) In order to be able to actively participate in the electricity markets and to provide their flexibility, consumers are progressively equipped with smart metering systems. However, iConsumers shall also have the right to receive a dedicated metering device so that they can engage with their flexible loads in demand response, independently from being already equipped with a smart metering system. In a number of Member States the roll-out of smart metering systems is still slow. In those instances where smart metering systems are not yet installed and in instances where smart metering systems do not provide for the sufficient level of data granularity, transmission and distribution system operators should be able to use data from dedicated metering devices for the observability and settlement of flexibility services such as demand response and energy storage. Enabling the use of data from dedicated metering devices for observability and settlement should facilitate the active participation of the consumers in the market and the development of their demand response. The use of data from these dedicated metering devices should be accompanied by quality requirements relating to the data.
Amendment 250 #
2023/0077(COD)
Proposal for a regulation
Recital 21
Recital 21
(21) To enhance the possibilities of market participants for hedging, the role of the single allocation platform established in accordance with Commission Regulation (EU) 2016/1719 should be expanded. The single allocation platform should offer trading of financial long-term transmission rights between the different bidding zones and the regional virtual hubs. The orders submitted by market participants for financial transmission rights shall be matched by a simultaneous allocation of long term cross zonal capacity. Such matching and allocation should be performed on a fregularquent basis, to ensure enough liquidity and, hence, efficient hedging possibilities to market participants. The long-term transmission rights should be issued with frequdifferent maturities (ranging from month ahead to at least three years ahead), in order to be aligned with the typical hedging time horizon of market participants. The single allocation platform should be subject to monitoring and enforcement to ensure that it performs its tasks properly.
Amendment 255 #
2023/0077(COD)
Proposal for a regulation
Recital 22 a (new)
Recital 22 a (new)
(22a) Network tariff structures must be designed in a way that guarantees that the economic regulation of grid operators is dependable, stable and with sufficient economic return (WACC) that ensures enough investments and sector investability. Any provisions in the existing national regulatory regimes in the tariff design that hamper the necessary network expansion and digitalization must be removed.
Amendment 260 #
2023/0077(COD)
Proposal for a regulation
Recital 23
Recital 23
(23) Offshore renewable energy sources, such as offshore wind, ocean energy and floating photovoltaic, will play an instrumental role in building a power system largely based on renewables and in ensuring climate neutrality by 2050. There are, however, substantial obstacles to their wider and efficient deployment preventing the massive scale up needed to achieve those objectives. Similar obstacles could arise for other offshore technologies in the future. These obstacles include investment risks associated with the unique topographical situation of offshore hybrid projects connected to more than one market. In order to reduce investment risk for these offshore project developers and to ensure that the projects in an offshore bidding zone have full market access to the surrounding markets, transmission system operators should guarantee access of the offshore project to the capacity of the respective hybrid interconnector for all market time units. If the available transmission capacities are reduced to the extent that the full amount of electricity generation that the offshore project would have otherwise been able to export cannot be delivered to the market, the offshore generator should be compensated for the commensurate revenue loss. To that end the transmission system operator or operators responsible for the need to limit the capacity shouldall, in future, be enabled to contribute to the compensateion of the offshore project operator commensurately using congestion income, which is earned additionally on the interconnector due to the capacity restriction. This compensation should only be related to the production capability available to the market, which may be weather dependent and excludes the outage and maintenance operations of the offshore project. The details, including the conditions under which the measure may expire, are intended to be defined in an implementing Regulation.
Amendment 265 #
2023/0077(COD)
Proposal for a regulation
Recital 27
Recital 27
(27) In this framework, Member States should strive to create the right market conditions for long-term market-based instruments, such as power purchase agreements (‘PPAs’). PPAs are bilateral purchase agreements between producers and buyers of electricity. They provide long-term price stability for the customer and the necessary certainty for the producer to take the investment decision. Nevertheless, only a handful of Member States have active PPA markets and buyers are typically limited to large companies, not least because PPAs face a set of barriers, in particular the difficulty to cover the risk of payment default from the buyer in these long-term agreements. Member States should take into consideration the need to create a dynamic PPA market when setting the policies to achieve the energy decarbonisation objectives set out in their integrated national energy and climate plans. Regulatory unpredictability, instability and retroactivity would undermine the ability of PPAs to contribute to the clean energy transition and energy independence.
Amendment 267 #
2023/0077(COD)
Proposal for a regulation
Recital 27 a (new)
Recital 27 a (new)
(27a) The need to provide regulatory stability and a predictable investment climate for the necessary investment in the European power sector is also the reason why the inframarginal revenue cap, temporarily introduced via Art. 10 of Council Regulation 2022/0289(NLE), is not integrated in a structural manner in this Regulation.
Amendment 268 #
2023/0077(COD)
Proposal for a regulation
Recital 28
Recital 28
(28) According to Article 15(8) of Directive (EU) 2018/2001 of the European Parliament and of the Council, Member States are to assess the regulatory and administrative barriers to long-term renewables PPAs, and shall remove unjustified barriers to, and promote the uptake of, such agreements. In addition, Member States are to describe policies and measures facilitating the uptake of renewables PPAs in their integrated national energy and climate plans. Without prejudice to that obligation to report on the regulatory context affecting the PPA market, Member States shouldmay ensure that instruments to reduce the financial risks associated to the buyer defaulting on its long-term payment obligations in the framework of PPAs are accessible to companies that face entry barriers to the PPA market and are not in financial difficulty in line with Articles 107 and 108 TFEU. Member States could decide to set up a guarantee scheme at market prices. Alternatively, Member States may put in place such instruments to make hedging products in the forward market accessible to customers that face entry barriers to the forward market. Member States should include provisions to avoid lowering the liquidity in the electricity markets, in particular the forward market, such as by using financial PPAs. Member States should not provide support to PPAs that purchase generation from fossil fuels. While the default approach should be non- discrimination between consumers, Member States could decide to target these instruments to specific categories of consumers, applying objective and non- discriminatory criteria. In this framework, Member States should take into account the potential role of instruments provided at Union level, for instance by the European Investment Bank (‘EIB’).
Amendment 277 #
2023/0077(COD)
Proposal for a regulation
Recital 30
Recital 30
(30) Where Member States decide to support publicly financed new investments (“direct price support schemes”) in low carbon, non-fossil fuel electricity generation to achieve the Union’s decarbonisation objectives, those schemes should be structured by way of two-way contracts for difference, or other similar arrangements, such as to include, in addition to a revenue guarantee, an upward limitation of the market revenues of the generation assets concerned. Such schemes shall be allocated through a voluntary, competitive, open, transparent, non- discriminatory, and cost- effective procedure, in accordance with State Aid Rules, preventing undue distortions to the efficient functioning of electricity markets. New investments for the generation of electricity should include investments in new power generating facilities, investments aimed at repowering existing power generating facilities, investments aimed at extending existing power generating facilities or at prolonging their lifetime.
Amendment 291 #
2023/0077(COD)
Proposal for a regulation
Recital 35
Recital 35
(35) Furthermore, Member States should ensure that the direct price support schemes, irrespective of their form, do not undermine the efficient, competitive and liquid functioning of the electricity markets, preserving the incentives of producers to react to market signals, including stop generating when electricity prices are below their operational costs, and of final customers to reduce consumption when electricity prices are high. Member States should ensure that support schemes do not hamper forward market liquidity and retail competition, as well as constitute a barrier for the development of commercial contracts such as PPAs.
Amendment 331 #
2023/0077(COD)
Proposal for a regulation
Recital 44
Recital 44
(44) Consumers should have access to a wide range of offers so that they can choose a contract according to their needs. However, suppliers have reduced their offers, fixed-price contracts have become scarce, and the choice of offers has become limited. Consumers should always have the possibility to opt for an afford reasonable fixed price and fixed term contract to ensure a stable price over a given period and suppliers should not unilaterally modify the terms and conditions before such contract expires.
Amendment 335 #
2023/0077(COD)
Proposal for a regulation
Recital 46
Recital 46
(46) Consumers should be able to choose the supplier which offers them the price and service which best suits their needs. Advances in metering and sub- metering technology combined with information and communication technology mean that it is now technically possible to have multiple suppliers for a single premises. Consumers should be entitled to request additional meters for this purpose, while bearing the associated costs for their installation or, where applicable, upgrade, under fair, reasonable and cost-effective conditions. If they so wish, customers should be able to use these possibilities to choose a separate supplier notably for electricity to power appliances such as heat pumps or electric vehicles which have a particularly high consumption or which also have the capability to shift their electricity consumption automatically in response to price signals. Moreover, with fast- responding dedicated metering devices which are attached to or embedded in appliances with flexible, controllable loads, final customers can participate in other incentive-based demand response schemes that provide flexibility services on the electricity market and to transmission and distribution system operators. Overall, such arrangements should contribute to the increased uptake of demand response and to consumer empowerment allowing them to have more control over their energy use and bills, while providing to the electricity system additional flexibility in order to cope with demand and supply fluctuations.
Amendment 381 #
2023/0077(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EU) 2019/943
Article 2 – point 72
Article 2 – point 72
Amendment 385 #
2023/0077(COD)
Amendment 390 #
2023/0077(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EU) 2019/943
Article 2 – point 74
Article 2 – point 74
Amendment 404 #
2023/0077(COD)
(77) ‘power purchase agreement’ or ‘PPA’ means a contract under which a natural or legal person agrees to purchase electricity from an electricity producer on a market basis;
Amendment 413 #
2023/0077(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EU) 2019/943
Article 2 – point 80
Article 2 – point 80
(80) ‘flexibility’ means the ability of an electricity system to adjust to the variability ofthe interconnected system to manage with all its connected resources the variability and uncertaintly of electricity generation and consumption patterns and grid availability, across relevant market timeframes.;
Amendment 416 #
2023/0077(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EU) 2019/943
Article 2 – point 80a (new)
Article 2 – point 80a (new)
(80a) ‘power control system (PCS)’ means systems or devices, such as electric energy management systems, smart inverters or hybrid inverters for storage and V2X, which electronically limit or control the steady state AC currents, DC currents or AC power at a reference point to a programmable limit or level;
Amendment 420 #
2023/0077(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EU) 2019/943
Article 2 – point 80b (new)
Article 2 – point 80b (new)
(80b) ‘intraday market timeframe’ means the timeframe of the electricity market from single intraday coupling gate opening time until the latest point in time when intraday trading is allowed in a given bidding zone including time periods after the intraday cross-zonal gate closure time;
Amendment 422 #
2023/0077(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EU) 2019/943
Article 2 – point 80c (new)
Article 2 – point 80c (new)
(80c) ‘day-ahead market timeframe’ means the timeframe of the electricity market from the single day-ahead coupling gate opening time until the time when the single day-ahead coupling results are published;
Amendment 425 #
2023/0077(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EU) 2019/943
Article 2 – point 80d (new)
Article 2 – point 80d (new)
(80d) ‘distributed energy resource system’ means distributed renewable generation resources, including energy storage.
Amendment 438 #
2023/0077(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Regulation (EU) 2019/943
Article 7a
Article 7a
Amendment 441 #
2023/0077(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Regulation (EU) 2019/943
Article 7a
Article 7a
Amendment 446 #
2023/0077(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Regulation (EU) 2019/943
Article 7a, paragraph 1
Article 7a, paragraph 1
Amendment 459 #
2023/0077(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 4 Regulation (EU) 2019/943
Article 1 – paragraph 1 – point 4 Regulation (EU) 2019/943
Amendment 488 #
2023/0077(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Regulation (EU) 2019/943
Article 7a, paragraph 3
Article 7a, paragraph 3
Amendment 491 #
2023/0077(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 4 Regulation (EU) 2019/943
Article 1 – paragraph 1 – point 4 Regulation (EU) 2019/943
Amendment 503 #
2023/0077(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Regulation (EU) 2019/943
Article 7b, paragraph 1
Article 7b, paragraph 1
1. “Without prejudice to article 19 of Directive 2019/944, Member States shall allow transmission system operators and distribution system operators to use data from dedicated metering devices for the observability and, settlement and billing of demand response and, flexibility services and energy sharing, including from storage systems.
Amendment 509 #
2023/0077(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Regulation (EU) 2019/943
Article 7b, paragraph 2
Article 7b, paragraph 2
2. Member States shall establish uniform fit-for-purpose requirements for a dedicated metering device data validation process to check and ensure the quality of the respective data.;consistency and interoperability of the respective data all harmonised under the network code for demand response. National regulatory authorities shall identify the costs for the roll-out of dedicated metering devices to define thresholds for the fees for the roll-out of these devices allocated to consumers. These requirements must be in line with the following set of principles: a) Any dedicated metering device that is used for other purposes than information or transparency, must meet technical requirements and be certified as stated in the EU Measurement Instruments Directive (2014/32/EU); b) Data from dedicated metering devices must be available to the system operator in the appropriate timing and must be integrated into the prevailing market communication architecture; c) If flexibility interventions are planned by the usage of such dedicated metering devices, system operators must be informed to ensure system stability.
Amendment 521 #
2023/0077(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point a
Article 1 – paragraph 1 – point 5 – point a
Regulation (EU) 2019/943
Article 8, paragraph 1
Article 8, paragraph 1
NEMOs shall allow market participants to trade energy as close to real time as possible and at least up to the intraday cross-zonal gate closure time. By 1 January 2028, the intraday cross-zonal gate closure time shall be at the earliest 30 minutes ahead of real time. National regulatory authorities may, at the request of the relevant TSO, grant a derogation from this requirement, until 1 January 2030 at the latest. The derogation request shall include: a) an impact assessment, done in cooperation with NEMOs and taking into account feedback from market participants, that demonstrates the need for the derogation, and b) an action plan aiming at shortening the intraday cross-zonal gate closure time to 30 minutes by no later than 1 January 2030.’
Amendment 532 #
2023/0077(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point a a (new)
Article 1 – paragraph 1 – point 5 – point a a (new)
Regulation (EU) 2019/943
Article 8, paragraph 1a (new)
Article 8, paragraph 1a (new)
(aa) During the day-ahead and intraday market timeframe, each NEMOs shall submit all orders for day-ahead and intraday products received from market participants to single day-ahead and intraday coupling and shall not organise themselves, or through an entity affiliated or associated with them, the trading with day-ahead and intraday products, or products with similar characteristics, outside the single day-ahead and intraday coupling.
Amendment 535 #
2023/0077(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point b
Article 1 – paragraph 1 – point 5 – point b
Regulation (EU) 2019/943
Article 8, paragraph 3
Article 8, paragraph 3
NEMOs shall provide products for trading NEMOs shall provide products for trading in day-ahead and intraday markets which in day-ahead and intraday markets which are sufficiently small in size, with are sufficiently small in size, with minimum bid sizes of 100kW or less, to minimum bid sizes of 100kW or less, to allow for the effective participation of allow for the effective participation of demand-side response, energy storage and demand response, energy storage and small-scale renewables including direct small-scale renewables including direct participation by customers. participation by customers.
Amendment 543 #
2023/0077(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Regulation (EU) 2019/943
Article 9, paragraph 1
Article 9, paragraph 1
1. By 1 December 2024 the ENTSO for Electricity shall submit to ACER, after having consulted ESMA, a proposal for the establishment of regional virtual hubs for the forward market. The proposal shall: 8 months after the adoption of this Regulation, the European Commission in consultation with relevant market stakeholders, shall submit to ACER: i. An assessment of the possible implementation of practical solutions addressing market parties’ hedging needs which shall consider but not be limited to the following: a) frequent auctions for at least monthly and yearly products; b) auctions with product maturities extended up to three years; c) development of a secondary market; d) adoption of products such as financial transmission rights obligations; e) process on full cost-recovery to handle any financial risks and losses arising from these additional measures ensured by the regulatory authority; f) timeline for implementation; g) the appropriateness of regional coordination and decision making for alternative measures or exemptions to transmission system operators on borders where no long-term transmission rights are provided at the adoption time of this proposal; h) auctions for long-term transmission rights.
Amendment 549 #
2023/0077(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Regulation (EU) 2019/943
Article 9, paragraph 1, point ii
Article 9, paragraph 1, point ii
(a) ii. An assessment for the establishment of regional virtual hubs for the forward market which shall consider but not be limited to the following: (aa) impact of a virtual hub on at least the forward market, transmission system operators, market participants and end- consumers as well as relevant benefits and drawbacks; (a) define the geographical scope of the virtual hubs for the forward market, including the bidding zones constituting these hubs, aiming to maximise thend specific situations of bidding zones belonging to two or more virtual hubs, aiming to achieve high price correlation between the reference prices and the prices of the bidding zones constituting virtual hubs;
Amendment 554 #
2023/0077(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Regulation (EU) 2019/943
Article 9, paragraph 1, point ii (b)
Article 9, paragraph 1, point ii (b)
(b) include a methodology for the calculation of the reference prices for the virtual hubs for the forward market, aiming to maximise theachieve high correlations between the reference price and the prices of the bidding zones constituting a virtual hub; such methodology shall be applicable to all virtual hubs and based on predefined objective criteria;
Amendment 555 #
2023/0077(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
(c) include a definition of financial long-term transmission rights from bidding zones to the virtual hubs for the forward market as financial obligations to enable market participants to hedge their exposure to positive and negative price spreads, including as regards to volumes and maturities;
Amendment 558 #
2023/0077(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Regulation (EU) 2019/943
Article 9, paragraph 1, point ii (da)
Article 9, paragraph 1, point ii (da)
(da) specify how the single allocation platform referred to in paragraph 3 shall offer allocation and facilitate trading of long-term transmission rights. Based on the conclusions of the assessments, the European Commission shall propose amendments to existing Commission Regulation (EU) 2016/1719 establishing a guideline on forward capacity allocation, where relevant.
Amendment 559 #
2023/0077(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Regulation (EU) 2019/943
Article 9, paragraph 1b (new)
Article 9, paragraph 1b (new)
1a. Subject to compliance with Union competition law and with Directive (EU) 2014/65 and Regulations (EU) 648/2012 and 600/2014, market operators shall be free to offer trading of financial hedging products to provide market participants, including owners of power-generating facilities using renewable energy sources, with appropriate possibilities for hedging financial risks against price fluctuations. Member States shall not require that such hedging activity be limited to trades within a Member State or bidding zone. All market operators shall be free to offer trading of financial hedging products linked to regional virtual hubs.
Amendment 561 #
2023/0077(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Regulation (EU) 2019/943
Article 9, paragraph 1c (new)
Article 9, paragraph 1c (new)
1b. Transmission system operators or single allocation platform on their behalf, shall issue long-term transmission rights and may have additional measures in place to allow for market participants, including owners of power-generating facilities using renewable energy sources, to hedge price risks across bidding zones.
Amendment 565 #
2023/0077(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Regulation (EU) 2019/943
Article 9, paragraph 2
Article 9, paragraph 2
2. Within six months of receipt of the proposal on the establishment of the regional virtual hubs for the forward market, ACER shall evaluate it and eiThe results of the assessments following the first and second subparagraphs of Article 9(1) shall be reflected by ACER and EC in any amendment, proposal for amendments, or non-binding framework guideline related to Commission Regulation (EU) 2016/1719 establishing a guideline on forward capacity allocation, in accordance with the procedures defined in Articles 59(1)(b), 60 and 61. After receiving ther approve or amend it. In the latter case, ACER shall consult the ENTSO for Electricityssessment for the establishment of regional virtual hubs for the forward market, ACER shall consult ESMA and stakeholders before adoptproposing theany amendments. The adopted proposal shall be published on ACER's websit or non-binding framework guideline.
Amendment 577 #
2023/0077(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Regulation (EU) 2019/943
Article 9, paragraph 4, subparagraph a
Article 9, paragraph 4, subparagraph a
(a) offer, on behalf of TSOs, trading of long-term transmission rights between each bidding zone and virtual hubs; where aor between bidding zone is not part of a virtual hub it may issus of the same capacity calculation region; alternatively, where similar hedging products are already offered and well established by market operators, the fsinancial long-tgle allocation platform may offerm transmission rights to a virtual hub or to other bidding zones that are part of the same capacity calculation regionhat are fully equivalent to such products as a supporting mechanism to increase hedging opportunities;
Amendment 581 #
2023/0077(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Regulation (EU) 2019/943
Article 9, paragraph 5
Article 9, paragraph 5
5. WIn addition to the provisions above, where a regulatory authority considers that there are still insufficient hedging opportunities available for market participants, and after consultation of relevant financial market competent authorities in case the forward markets concern financial instruments as defined under Article 4(1)(15), it may require power exchanges or transmission system operators to implement additional supporting measures, such as market- making activities, to improve the liquidity of the forward market. Subject to compliance with Union competition law and with Directive (EU) 2014/65 and Regulations (EU) 648/2012 and 600/2014, market operators shall be free to develop forward hedging products, including long-term forward hedging products, to provide market participants, including owners of power-generating facilities using renewable energy sources, with appropriate possibilities for hedging financial risks against price fluctuations. Member States shall not require that such hedging activity may be limited to trades within a Member State or bidding zone and hedging possibilities of market participants.
Amendment 590 #
2023/0077(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 7 – point a
Article 1 – paragraph 1 – point 7 – point a
Regulation (EU) 2019/943
Article 18, paragraph 2
Article 18, paragraph 2
2. Tariff methodologies shall reflect the fixed costs of transmission system operators and distribution system operators and shall consider both capital and operational expenditure, or an efficient combination of both, to provide appropriate incentives to transmission system operators and distribution system operators over both the short and long run, including anticipatory investments, in order to increase efficiencies, including energy efficiency, to foster market integration and security of supply, to support the use of flexibility services, efficient investmentsand cost-effective investments and network infrastructure reinforcement to facilitate the energy transition including solutions to optimise the existing grid and ensure the development of a smart grid and facilitate demand response and related research activities, and to facilitate innovation in the interest of consumers in areas such as digitalisation, flexibility services and interconnection; , more specifically to develop the required infrastructure to reach the minimum 15% electricity interconnection targets set out in point (1) of Article 4(d) of Regulation (EU) 2018/1999. In setting anticipatory investments, regulatory authorities shall take careful consideration of the electricity network needs reflected in national or local development plans for energy, electric transport and heating sectors, including renewable acceleration areas, plans for electric vehicle charging infrastructure and for heat pump deployment, where applicable. The regulatory authorities in collaboration with transmission and distribution system operators shall develop a framework to assess whether transmission and distribution system operators adequately consider in their network development plans all types of anticipatory investments described above and adequate cost-benefit analysis methodology for assessing the impact of such investments; Network tariffs should be designed to provide the right incentives to system operators by combining a timely recognition of traditional investments in physical networks and adequate returns, with a flexible reflection of operational cost. Any obstacle in national regulation to the necessary and efficient investments must be abolished.
Amendment 596 #
2023/0077(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 7 – point a
Article 1 – paragraph 1 – point 7 – point a
Regulation (EU) 2019/943
Article 18, paragraph 2b
Article 18, paragraph 2b
2a. Tariff methodologies shall not allow for double network charges and taxation.
Amendment 600 #
2023/0077(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 7 – point b
Article 1 – paragraph 1 – point 7 – point b
Regulation (EU) 2019/943
Article 18, paragraph 8
Article 18, paragraph 8
8. Transmission and distribution tariff methodologies shall provide incentives to transmission and distribution system operators for the most cost-efficient operation and development of their networks including through the procurement of services. For that purpose, regulatory authorities shall recognise relevant costs as eligible, including those related to anticipatory investments, shall include those costs in transmission and distribution tariffs, and shall introduce performance targets in order to provide incentives to transmission and distribution system operators to increase efficiencies in their networks, including through energy efficiency, the use of flexibility services and the development of smart grids and intelligent metering systems.
Amendment 603 #
2023/0077(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 7 – point d Regulation (EU) 2019/943
Article 1 – paragraph 1 – point 7 – point d Regulation (EU) 2019/943
(i) incentives for efficient investments in networks, including on flexibilityle resources and flexible connection agreements.
Amendment 610 #
2023/0077(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 8 – point b
Article 1 – paragraph 1 – point 8 – point b
Regulation (EU) 2019/943
Article 19, paragraph 2, point (c)
Article 19, paragraph 2, point (c)
Amendment 613 #
2023/0077(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 8 – point b
Article 1 – paragraph 1 – point 8 – point b
Regulation (EU) 2019/943
Article 19, paragraph 2, point ca (new)
Article 19, paragraph 2, point ca (new)
Amendment 628 #
2023/0077(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Regulation (EU) 2019/943
Chapter IIIa, Article 19a, paragraph 1
Chapter IIIa, Article 19a, paragraph 1
1. Member States shall facilitaremove barriers for all consumers to enter power purchase agreements (‘PPAs’) with a view to reaching the objectives set out in their integrated national energy and climate plan with respect to the dimension decarbonisation referred to in point (a) of Article 4 of Regulation (EU) 2018/1999, while preserving competitive and liquid electricity markets.
Amendment 903 #
2023/0077(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Regulation (EU) 2019/943
Article 19 d
Article 19 d
Based on the report of the regulatory authority pursuant to Article 19c(1), each Member State shall define an indicative national objective for demand side response and storageall non-fossil flexibility sources which considers the most cost-efficient solutions, all time frames (hourly, daily, and seasonal), and the availability of cross-border capacity. Thisese indicative national objectives shall also be reflected in Member States’ integrated national energy and climate plans as regards the dimension ‘Internal Energy Market’ in accordance with Articles 3, 4 and 7 of Regulation (EU) 2018/1999 and in their integrated biennial progress reports in accordance with Article 17 of Regulation (EU) 2018/1999.
Amendment 938 #
2023/0077(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Regulation (EU) 2019/943
Article 19 e – paragraph 2
Article 19 e – paragraph 2
2. Where the measures introduced in accordance with paragraph 1 to promote the participation of non-fossil flexibilityle resources such as demand response and storage in capacity mechanisms are insufficient to achieve the flexibility needs identified in accordance with19d, Member States may apply flexibility support schemes consisting of payments for the available capacity of non-fossil flexibilityle resources such as demand side response and storage.
Amendment 950 #
2023/0077(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Regulation (EU) 2019/943
Article 19 e – paragraph 3
Article 19 e – paragraph 3
3. Member States which do not apply a capacity mechanism may apply flexibility support schemes consisting of payments for the available capacity of non-fossil flexibilityle resources such as demand side response and storage.
Amendment 963 #
2023/0077(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Regulation (EU) 2019/943
Article 19 f
Article 19 f
Flexibility support scheme for non-fossil flexibilityle resources such as demand response and storage applied by Member States in accordance with Article 19e(2) and (3) shall:
Amendment 978 #
2023/0077(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Regulation (EU) 2019/943
Article 19 f – point (b)
Article 19 f – point (b)
(b) be limited to new investments in non-fossil flexibilityle resources such as demand side response and storage;
Amendment 997 #
2023/0077(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Regulation (EU) 2019/943
Article 27 (new)
Article 27 (new)
(ia) Proposed Article 27 1. Where reference is made to this Article, the procedure set out in paragraphs 2, 3 and 4 shall apply to the approval of proposals submitted by the ENTSO for Electricity and/or the EU DSO entity. Joint proposals have to be submitted by both entities. 2. Before submitting a proposal, the ENTSO for Electricity and/or the EU DSO entity shall carry out a consultation involving all relevant stakeholders, including regulatory authorities and other national authorities. It shall duly take the results of that consultation into consideration in its proposal. 3. Within three months of the date of receipt of the proposal referred to in paragraph 1, ACER shall either approve or amend it. In the latter case, ACER shall consult the ENTSO for Electricity and/or the EU DSO entity before approving the amended proposal. ACER shall publish the approved proposal on its website within three months of the date of receipt of the proposed documents. 4. ACER may request changes to the approved proposal at any time. Within six months of the date of receipt of such a request, the ENTSO for Electricity and/or the EU DSO entity shall submit a draft of the proposed changes to ACER. Within three months of the date of receipt of the draft, ACER shall amend or approve the changes and publish those changes on its website.
Amendment 1009 #
2023/0077(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 11 – point a
Article 1 – paragraph 1 – point 11 – point a
Regulation (EU) 2019/943
Article 50 – paragraph 4 a
Article 50 – paragraph 4 a
Transmission system operators shall publish in a clear and transparent manner, information on the capacity available for new connections in their respective areas of operation, including in congested areas if flexible energy storage connections can be accommodated, and update that information regularly, at least quarterlyand update that information regularly, at least quarterly. The regulatory authorities in collaboration with transmission system operators shall establish a framework for identifying areas in which transmission system operators may refuse or postpone granting access to new generation and storage because of congestion or lack of the necessary network capacity in line with Art.6(2) of the Electricity Directive. Transmission and distribution system operators shall publish in a clear and transparent manner the identified areas and update that information regularly, at least quarterly. The regulatory authority shall ensure that flexible connections are not used as a permanent alternative and thus do not delay approved network reinforcement in the identified areas. After the end of the agreed period for a flexible connection that cannot exceed two years, if the transmission system operator is still not capable of granting connection to the entire requested firm capacity for an asset, the asset owner should be compensated for the respective revenue loss based on actual day-ahead market prices.
Amendment 1019 #
2023/0077(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 11 – point a
Article 1 – paragraph 1 – point 11 – point a
Regulation (EU) 2019/943
Article 50 – paragraph 4 a
Article 50 – paragraph 4 a
Transmission system operators shall also provide clear and transparent information to system users about the status and treatment of their connection requests including renewable generation and storage temporarily connected with a flexible connection. They shall provide such information within a period of three months from the submission of the request ;
Amendment 1029 #
2023/0077(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 13
Article 1 – paragraph 1 – point 13
Regulation (EU) 2019/943
Article 59 – paragraph 2 – point a (new)
Article 59 – paragraph 2 – point a (new)
(ba) in Article 59 (2), the following point (a) is added: (a) network connection rules including rules on the connection of transmission- connected demand facilities, transmission-connected distribution facilities and distribution systems, connection of demand units used to provide demand response, requirements for grid connection of system users, requirements for high-voltage direct current grid connection, requirements for direct current-connected power park modules and remote-end high-voltage direct current converter stations, and operational notification procedures for grid connection;
Amendment 1045 #
2023/0077(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 1 – point a – introductory part
Article 2 – paragraph 1 – point 1 – point a – introductory part
(a) points (8), (23) and (49) is replaced by the following:
Amendment 1048 #
2023/0077(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 1 – point a
Article 2 – paragraph 1 – point 1 – point a
Directive (EU) 2019/944
Article 2 – point 23
Article 2 – point 23
(8a) (23) ‘smart metering system’ means an electronic system that is capable of measuring electricity fed into the grid or electricity consumed from the grid within a time interval no longer than the imbalance settlement period, providing more information than a conventional meter, and that is capable of transmitting and receiving data for information, monitoring and control purposes, using a form of electronic communication;
Amendment 1050 #
2023/0077(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 1 – point a
Article 2 – paragraph 1 – point 1 – point a
Directive (EU) 2019/944
Article 2 – point 49
Article 2 – point 49
(49) 'non-frequency ancillary service' means a service used by a transmission system operator or distribution system operator for steady state voltage control, fast reactive current injections, inertia for local grid stability, short-circuit current, black start capability, island operation capability and peak shaving;”
Amendment 1051 #
2023/0077(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 1 – point b
Article 2 – paragraph 1 – point 1 – point b
Directive (EU) 2019/944
Article 2 – paragraph 15 a
Article 2 – paragraph 15 a
(15a) ‘fixed term, fixed price electricity supply contract’ means an electricity supply contract between a supplier and a final customer that guarantees the same contractual conditions, including the price, while it may, within a fixed price, include a flexible element with for example for the duration of the contract, including the price, which may include different pre-determined prices for different pre-defined time frames, such as peak and off -peak price variation, weekday/weekend, or seasonal variations, and where changes in the final bill can only result from elements that are not determined by suppliers, such as taxes and levies;
Amendment 1064 #
2023/0077(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 1 – point b
Article 2 – paragraph 1 – point 1 – point b
Directive (EU) 2019/944
Annex I – paragraph 5 – section 6
Annex I – paragraph 5 – section 6
(24aa) Annex I, paragraph 5, section 6 is amended as follows: The disclosure of electricity shall be done by for all energy sources using guarantees of origin, except in the cases referred to in points (a) and (b) of Article 19(8) of Directive (EU) 2018/2001.
Amendment 1081 #
2023/0077(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 2
Article 2 – paragraph 1 – point 2
Directive (EU) 2019/944
Article 4 – paragraph 1 (new)
Article 4 – paragraph 1 (new)
Amendment 1089 #
2023/0077(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 3 – point b
Article 2 – paragraph 1 – point 3 – point b
Directive (EU) 2019/944
Article 11 – paragraph 1
Article 11 – paragraph 1
1. Member States shall ensure that the national regulatory framework enables suppliers to offer fixed-term, fixed-price contracts and dynamic electricity price contracts. Member States shall ensure that final custocontracts which are adapted to the variety of needs and risk profiles of consumers. Member States shall ensure that six months after the entry into force of this Regulation, consumers who have a smart meter installed can request to conclude a dynamic electricity price contract and that all final customers can request to conclude a; where fixed-term, fixed- price electricity price contract of a duration of at least one year, with at least one supplier and with every supplier that has more than 200 000 final customercontracts are applied, Member States shall permit suppliers or market participants engaged in aggregation to charge customers contract termination fees in line with the conditions in Article 12(3). By way of derogation of article 10(4), suppliers shall not unilaterally modify the terms of conditions of fixed price contracts before such contract expires.
Amendment 1099 #
2023/0077(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 3 – point c
Article 2 – paragraph 1 – point 3 – point c
Directive (EU) 2019/944
Article 11 – paragraph 1 a
Article 11 – paragraph 1 a
1a. Prior to the conclusion or extension of any contract, final customers shall be provided with a summary of the key contractual conditions in a prominent manner and in concise and simple language. This summary shall include at least information on total price, promotions, additional services, discounts contract duration and conditions for termination, including notice period and fees and penalties where relevant; whether the price is fixed or variable, indexed to wholesale prices; one-time payments where relevant, including activation fees and costs for the connection to the network (if applicable); payment frequency and method options; supplier’s contact details such as customer service’s address, telephone number and email, including, where relevant, identification of any intermediary; and include the rights referred to in points (a), (b), (d), (e) and (f) of Article 10(3). The Commission shall provide guidance in this regard.
Amendment 1108 #
2023/0077(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 3 – point d
Article 2 – paragraph 1 – point 3 – point d
Directive (EU) 2019/944
Article 12 – paragraph 3
Article 12 – paragraph 3
2a. Article 12(3) By way of derogation from paragraph 2, Member States shall grant suppliers or market participants engaged in aggregation the right to charge customers contract termination fees where those customers voluntarily terminate fixed-term, fixed-price electricity supply contracts before their maturity, provided that such fees are a part of a contract that the customer has voluntarily entered into and that such fees are clearly communicated to the customer before the contract is entered into. Such fees shall be proportionate and shall not exceed the direct economic loss to the supplier or the market participant engaged in aggregation resulting from the customer's termination of the contract, including the costs of any bundled investments or services that have already been provided to the customer as part of the contract. The burden of proving the direct economic loss shall be on the supplier or market participant engaged in aggregation, and the permissibility of contract termination fees shall be monitored by the regulatory authority, or by another competent national authority.
Amendment 1122 #
2023/0077(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 4
Article 2 – paragraph 1 – point 4
Directive (EU) 2019/944
Article 15 a – paragraph 1
Article 15 a – paragraph 1
1. All households, small and medium size and enterprises and public bodies have the right to participate in energy sharing as active customers.
Amendment 187 #
2023/0046(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point 2 – paragraph 1 – point a
Article 2 – paragraph 2 – point 2 – paragraph 1 – point a
(a) any element of a network that is intended to host other elements of a network without becoming an active element of the network itself, such as pipes, masts, ducts, inspection chambers, manholes, cabinets, antenna installations, towers and poles, as well as buildings or entries to buildings, and any other asset including rooftop or part of a façade, street furniture, such as light poles, street signs, traffic lights, billboards, bus and tramway stops and metro stations;
Amendment 192 #
2023/0046(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point 2 – paragraph 1 – point b
Article 2 – paragraph 2 – point 2 – paragraph 1 – point b
(b) where they are not part of a network and are owned or controlled by public sector bodies: buildings or entries to buildings, and any other asset including rooftop or part of a façade, street furniture, such as light poles, street signs, traffic lights, billboards, bus and tramway stops and metro stations.
Amendment 210 #
2023/0046(COD)
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
1. Upon written request of an operator, public sector bodies owning or controlling physical infrastructure or network operators shall meet all reasonable requests for access to that physical infrastructure under fair and reasonable terms and conditions, including price, with a view to deploying elements of very high capacity networks or associated facilities, including antennas, mobile base stations and transmission network elements. . Public sector bodies owning or controlling physical infrastructure shall meet all reasonable requests for access also under non-discriminatory terms and conditions. Such written requests shall specify the elements of the physical infrastructure for which the access is requested, including a specific time frame. and parameters of the electricity connection.
Amendment 385 #
2023/0046(COD)
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. All buildings at the end user’s location, including elements under joint ownership, newly constructed or undergoing major renovation works, for which applications for building permits have been submitted after [ENTRY INTO FORCE + 12 MONTHS], shall be equipped with a fibre-ready in-building physical infrastructure up to the network termination points as well as with in- building fibre wiring and provided with a functional 5G mobile broadband internet coverage.
Amendment 390 #
2023/0046(COD)
Proposal for a regulation
Article 8 – paragraph 3
Article 8 – paragraph 3
3. By [ENTRY INTO FORCE + 12 MONTHS], all buildings at the end-users’ location, including elements thereof under joint ownership, undergoing major renovations as defined in point 10 of Article 2 of Directive 2010/31/EU shall be equipped with a fibre-ready in-building physical infrastructure, up to the network termination points, as well as with in- building fibre wiring. All multi-dwelling buildings undergoing major renovations as defined in point 10 of Article 2 of Directive 2010/31/EU shall also be equipped with an access point and provided with a functional 5G mobile broadband internet coverage.
Amendment 400 #
2023/0046(COD)
Proposal for a regulation
Article 8 – paragraph 4 – point f a (new)
Article 8 – paragraph 4 – point f a (new)
(fa) the essential parts of buildings or premises where functional 5G coverage must be provided, as well as the technical parameters and signal levels at which 5G coverage is considered functional.
Amendment 402 #
2023/0046(COD)
Proposal for a regulation
Article 8 – paragraph 5
Article 8 – paragraph 5
5. Buildings equipped in accordance with this Article shall be eligible to receive a ‘fibre-ready’ and ‘VHCN-ready’ label.
Amendment 65 #
2022/2063(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7 a. (new) Underscores that the EIC Board’s strategic advice needs to be more thoroughly implemented in the work of the EIC, including its recommendations to increase diversity and the inclusion of participants from widening countries to realise the potential of innovators across Europe and to foster practical collaborations with the European Institute of Innovation and Technology (EIT);
Amendment 127 #
2022/2063(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Recommends that a thorough assessment is made of possibilities to improve EIC's implementation, considering also an independent Union body established under Article 187 TFEU as the main entity responsible for the implementation of the EIC is the best institutional setting to deliver the implementation of the Accelerator along the lines set out above; underlines the need to ensure that in any case, applicants are treated equally, and the implementation ensures transparency, accountability and prevention of conflicts of interest; recommends that this body should be set up at the latest by 2025;
Amendment 13 #
2022/2058(INI)
Motion for a resolution
Recital C a (new)
Recital C a (new)
C a. whereas harmonised standards may be used to confer a presumption that products to be made available on the market are in conformity with the essential requirements that are laid down in the relevant Union harmonisation legislation for those products when they comply with the harmonised standards;
Amendment 45 #
2022/2058(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Supports the launch of the High- Level Forum for Standardisation and the desire to broaden the range of voices heard when identifying standardisation needs, planning future activities and coordinating approaches in standardisation bodies; underlines that this expert group should include a diverse range of stakeholders, including SME associations, without losing sight of the bottom-up, market- driven nature of standardisation activities;
Amendment 52 #
2022/2058(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Welcomes the creation of an EU excellence hub on standards and the appointment of a chief standardisation officer (CSO) in the Commission; believes that this position and the hub, as a resource, should lead to greater consistency across the Commission in terms of standardisation requests and the preparation andtimely adoption of standards and legislative provisions with relevance to standardisation as well as the consistent application of the New Legislative Framework; considers that the person holding this oversight function should be an important interlocutor for Parliament, enabling the technical scrutiny of the Commission’s standardisation activities;
Amendment 59 #
2022/2058(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Believes that the Commission should, in consultation with the European Standardisation Organisations, establish a clear set of key performance indicators on the aspects of standardisation within its remit;
Amendment 78 #
2022/2058(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Stresses that there may be inherent limits to speeding up the standardisation process, as the preparation of standards, citation of harmonised standards and industry implementation of those standards all add time before market adoption; recognises that it may be easier to accelerate administrative tasks, such as citation in the Official Journal, but that the unduly rushed preparation or deployment of standards creates challenges for all stakeholders, including national authorities; encourages the Commission, in conjunction with improvements to its own internal processes, to continue working with the ESOs on ways of achieving timely delivery, including consideration of the most suitable standardisation deliverable depending on the needearly exchange of information on the content and feasibility of planned standardization requests and the consideration of the most suitable standardisation deliverable depending on the need; welcomes the action plan of the Task Force “Timely European Standards for a Green and Digital, Single and Global Market” between the Commission, EFTA and the ESOs;
Amendment 90 #
2022/2058(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Considers that an evaluation of Regulation (EU) 1025/2012 may identify areas where further efforts with the option of a reform, isf deemed necessary, are needed beyond the targeted amendment already introduced by the Commission; considers that the role, participation and input of relevant stakeholders, including those representing, inter alia, SMEs and environmental, social and consumer interests, should be evaluated and strengthened where such reforms may be beneficial and complementary to work envisaged by the ESOs following the Commission’s call for them to present proposals to reform their own internal governance;
Amendment 96 #
2022/2058(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12 a. Highlights the role of SME participation in the standardisation process and believes it should be increased and improved, especially in international standardisation; calls for sufficient financial support to be provided to facilitate the participation of SMEs and SME associations and to make use of existing tools and guidance that take into account the needs and interests of SMEs;
Amendment 107 #
2022/2058(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Recognises the need for a consistent approach towards technical or common specifications, in particular as different legislative processes mare currently giveing rise to divergent provisions; considers, therefore, that this mechanism should only be used in exceptional circumstances and only while relevant standards do not existhighlights the importance of linkage between common specifications and existing European and international standards in order to ease compliance, especially for small and medium sized companies; considers, therefore, that this mechanism should only be used in exceptional cases where the Commission has requested one or more European standardization organisations (ESOs) to draft a harmonised standard and there are undue delays in the standardisation procedure or the request hast, without reason, not been accepted, only after consultation with the ESOs and only when relevant standards do not exist and are not expected to be published within a reasonable period; expresses concern about technicalcommon specifications concerning, among other things, respect for fundamental rights, where recourse to implementing acts affects the co- legislators’ powers of scrutiny; stresses the need for a harmonized approach towards common specifications throughout different Union legislative acts;
Amendment 118 #
2022/2058(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Considers that divergent regulatory outcomes may also affect the standardisation process more generally, owing to differing terminology, the lack of standard clauses for standardisation requests and difficulties in ex ante oversight; underlines that this problem is even more significant where standards are relevant for more than one regulatory act; believes that a common approach or formalised agreement between the Commission and the co-legislators could be explored in order to streamline the preparation of standards and detailed conditions for technicalcommon specifications;
Amendment 129 #
2022/2058(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Emphasises that prioritising standardisation matters in cooperation with third countries in bi-, multi- and pluri- lateral settings is also important to ensure that like-minded, inclusive approaches towards standardisation can prevail at international level and foster cooperation between likeminded democratic partners; encourages, in this regard, the Commission and the CSO to develop key performance indicators to monitor commitments on standardisation between the Union and third countries in consultation with the European standardisation organisations;
Amendment 142 #
2022/2058(INI)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18 a. Underlines that the European Commission should promote the New Legislative Framework, the use and integration of international standards and coordination among all actors, through Free Trade Agreements and in particular with regard to the Global Gateway;
Amendment 45 #
2022/2006(INI)
Motion for a resolution
Recital F
Recital F
F. whereas the post-pandemic economic recovery requires the fast and efficient implementation of the temporary Recovery and Resilience Facility (RRF); whereas all recovery and resilience plans should address each of the six pillars and the general and specific objectives of the RRF Regulation and respect its horizontal principles;
Amendment 49 #
2022/2006(INI)
Motion for a resolution
Recital F a (new)
Recital F a (new)
Fa. whereas the RRF Regulation stipulates that the debt issued to finance the Recovery and Resilience Fund is to be repaid by 2058, in a manner that ensures the steady and predictable reduction of liabilities;
Amendment 59 #
2022/2006(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Notes that the European economy is recovering faster than expected from the devastating impact of the global pandemic; underlines the crucial importance that timely policy interventions have played and will continue to play in mitigating the impact of the pandemic on the European economy; recalls fiscal consolidation and a sound and sane economy for future investments as the underlying reason behind establishing the RRF;
Amendment 85 #
2022/2006(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Recognises that the crisis triggered by the COVID-19 pandemic has been especially severe for enterprises, mostly small and medium-sized enterprises (SMEs), in tourism, hospitality and culture; recognises the notion of European solidarity underpinning the establishment of the RRFthis must be taken into account by the Member States while spending the funds to truly alleviate the impact on citizens of the pandemic-induced economic crisis;
Amendment 100 #
2022/2006(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Points out that not only the successful roll- out of the RRF will help to make EU economies and societies more sustainable, inclusive, resilient and better prepared for the green and digital transitions; but also an efficient and transparent monitoring of the national plans which ensures that funds are used to modernise member state economies;
Amendment 132 #
2022/2006(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Is convinced that the coordination of national fiscal policies remains crucial in underpinning the recovery; notes that the overall fiscal stance, taking into account national budgets and the RRF, is projected to remain supportive in 2022 to sustain the recovery; stresses that the amount of fiscal stimulus should depend on the rates of unemployment and inflation, taking duly into account that national debt levels must remain sustainable at any point in time; highlights in this regard that excessive and unsustainable debt levels were the primary cause of the European debt crisis; agrees with the Commission that Member States with low or medium levels of debt should pursue or maintain a supportive fiscal stance, and that Member States with high levels of debt should use the RRF to finance additional investment to support the recovery, while pursuing a prudent fiscal policy; agrees with the Commission that all Member States should preserve or broadly preserve their national financed investmentis concerned however that continued fiscal stimulus is unfolding an increasingly inflationary environment, exacerbating the forces at play; expresses its deep concern that increasing levels of inflation have a disproportionate impact on low and fixed incomes, erode savings and disturb the crucial price signalling function that market prices perform in ensuring an efficient allocation of economic resources, potentially leading to macroeconomic instability;
Amendment 146 #
2022/2006(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Reiterates its stance that a proper and credible economic governance framework is a necessary requirement for sustainable fiscal policies, debt and deficit trajectories ensuring credible paths of debt reduction; stresses the importance of a sustainable debt level for the real economy;
Amendment 156 #
2022/2006(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Notes that the Commission, the President of the Council and the President of the Eurogroup should regularly appear before the competent Committee of the European Parliament to provide information and exchange views on the latest economic and political events;
Amendment 166 #
2022/2006(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Considers that it is crucial to coordinate national reform and investment efforts and the exchange of best practices in order to increase the convergence and resilience of our economies, promote sustainable and inclusive growth through new elements, and improve institutional frameworks and interinsitutional relations;
Amendment 187 #
2022/2006(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Highlights that the RRF presents an unprecedented and unique opportunity for all Member States to address key structural challenges and investment needs and insists that all recovery and resilience plans address all requirements of the RRF Regulation, in particular its future-oriented concept including sustainability in the six pillars; highlights the interplay between the European Semester and the RRF; calls on the Member States to make the most of this opportunity and to use it to transform their economies and make them sustainable, more competitive and more resilient to future shocks; highlights the role of the European Parliament in the implementation of the RRF, as enshrined in the RRF Regulation;
Amendment 195 #
2022/2006(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Recalls that Member States, in their recovery and resilience plans, are required to effectively address all challenges identified in the relevant CSRs, including the fiscal aspects thereof; encourages the European Commission to make sure that this requirement is adhered to when scrutinising the RRPs and their implementation;
Amendment 200 #
2022/2006(INI)
Motion for a resolution
Paragraph 10 b (new)
Paragraph 10 b (new)
10b. Asks the Commission to thoroughly assess the arrangements proposed by the Member States to prevent, detect and correct corruption, fraud and conflicts of interest when using the funds provided under the RRF and to give a particular attention in this context that the national plans include all necessary reforms, together with relevant milestones and targets, in particular related to the relevant CSRs, where appropriate;
Amendment 202 #
2022/2006(INI)
Motion for a resolution
Paragraph 10 c (new)
Paragraph 10 c (new)
10c. urges the Commission to monitor very carefully the risks to EU financial interests in the implementation of the RRF of any breach or potential breach of the principles of the rule of law, with a detailed and in particular attention to public procurement; expects the Commission not to proceed with any payments under the RRF if milestones linked to measures to prevent, detect and correct corruption, fraud and conflicts of interest when using the funds provided under the RFF are not met;
Amendment 226 #
2022/2006(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Is concerned that the Commission identified macroeconomic vulnerabilities related to imbalances and excessive imbalances in 12 Member States; is worried that the nature and source of Member States’ imbalances remain largely the same as before the pandemic and that the pandemic could also be exacerbating imbalances and economic divergences; highlights in this regards again the importance of a general compliance with the fiscal rules to either maintain or achieve a fiscal sustainability and consolidation; calls on the Member States to take advantage of the unprecedented opportunity provided by the RRF to significantly reduce existing macroeconomic imbalances, in particular by including ambitious reform measures in the national plans of all Member States; stresses that sound execution and close monitoring is essential to make full use of this opportunity;
Amendment 64 #
2022/0379(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) To set up cross-border interoperable public services, it is important to focus on the interoperability aspect as early as possible in the policymaking process following the 'digital-by-default' principle and 'interoperability-by-design' approach. Therefore, the public organisation that intends to set up a new or to modify an existing network and information system that is likely result in high impacts on the cross-border interoperability, should carry out an interoperability assessment. This assessment is necessary to understand the magnitude of impact of the planned action and to propose measures to reap up the benefits and address potential costs. The interoperability assessment should be mandatory in three cases, which are in scope for cross-border interoperability. In other situations, the public organisations may decide to carry out the interoperability assessment on a voluntary basis.
Amendment 166 #
2022/0379(COD)
Proposal for a regulation
Article 15 – paragraph 4 – point a
Article 15 – paragraph 4 – point a
(a) support the implementation of national interoperability frameworks of the Member States and of the institutions, bodies and agencies of the Union and other relevant national and Union policies, strategies or guidelines, including 'digital- by-default' principle and 'interoperability- by-design' approach;
Amendment 172 #
2022/0379(COD)
Proposal for a regulation
Article 15 – paragraph 4 – point j a (new)
Article 15 – paragraph 4 – point j a (new)
(ja) propose guidelines that foster the integration of interoperable solutions in public procurement and tenders;
Amendment 120 #
2022/0358(COD)
Proposal for a regulation
Recital 28
Recital 28
(28) Member States should provide the necessary information to allow public authorities, online short-term rental platforms, hosts and citizens to understand the laws, procedures and requirements relating to the provision of short-term accommodation rental services within their territory. Those include registration procedures as well as any requirements concerning access to, and the provision of, short-term accommodation rental services. This should also allow the Commission to have access to a full overview of all such existing and new relevant national, regional and local procedures and requirements so that, whenever justified, it can take the appropriate enforcement actions to ensure compliance with EU law.
Amendment 159 #
2022/0358(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 11
Article 3 – paragraph 1 – point 11
(11) ‘activity data’ means the number of nights for which a unit is rented and the number of guests thatdeclared to stayed in the unit per nighta unit at the time the reservation is made;
Amendment 171 #
2022/0358(COD)
Proposal for a regulation
Article 4 – paragraph 2 – point g a (new)
Article 4 – paragraph 2 – point g a (new)
(ga) registration procedures are provided for free and made available online for hosts.
Amendment 220 #
2022/0358(COD)
Proposal for a regulation
Article 6 – paragraph 10 a (new)
Article 6 – paragraph 10 a (new)
10a. Competent authorities may verify with the hosts concerned the information provided by online platforms with respect to hosts that have declared their listing exempt from the registration procedure as provided by Article 7(1)(b) and (d) and exercise, where relevant, towards the hosts concerned, the powers set out in paragraphs 2 to 9.
Amendment 19 #
2022/0341(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) A number of national regulatory solutions have already been adopted or proposed to increase the uptake of instant credit transfers in euro, including by strengthening PSUs’ protection from sending funds to an unintended payee or specifying the process of compliance with obligations flowing from Union, EU Member States, United Nations and United States of America sanctions. Those national regulatory solutions pose a risk of fragmentation of the internal market, thus increasing the compliance costs due to different sets of national regulatory requirements, and making the execution of cross-border instant credit transfers more difficult.
Amendment 45 #
2022/0341(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) Security of instant credit transfers in euro is fundamental for increasing PSUs’ confidence in such services and ensuring their use. Payers intending to send a credit transfer to a given payee may, as a result of fraud or error, provide a payment account identifier which does not correspond to an account held by that payee. Under Directive (EU) 2015/2366 of the European Parliament and of the Council37 , the only determinant of the correct execution of the transaction with respect to the payee is the unique identifier, and PSPs are not required to verify the name of the payee. In the case of instant credit transfers, there is not enough time for the payer to realise the occurrence of a fraud or error and to try to recover the funds before they are credited to the payee’s account. PSPsBefore the authorisation of an instant credit transfer in line with this regulation, PSPs of the payer and the payee should therefore verify whether there is any discrepancy between the unique identifier of the payee and the name of the payee provided by the payer, and. The PSP of the payer must request the verification from the PSP of the payee, the PSP of the payee must notify the PSP of the payer about the result and the PSP of the payer must notify the payer placing a payment order for an instant credit transfer in euro about any such discrepancies detected for an instant credit transfer in accordance with this regulation. To avoid undue frictions or delays in the processing of the transaction instantly, the payer’s PSP should provide such notification within no more than a few secondsout delay from the moment the payer provided the payee information. To allow the payer to decide whether to proceed with the intended transaction, the payer’s PSP should provide such notification before the payer authorises the transaction. __________________ 37 Directive (EU) 2015/2366 of the European Parliament and of the Council of 25 November 2015 on payment services in the internal market, amending Directives 2002/65/EC, 2009/110/EC and 2013/36/EU and Regulation (EU) No 1093/2010, and repealing Directive 2007/64/EC (OJ L 337, 23.12.2015, p. 35).
Amendment 51 #
2022/0341(COD)
Proposal for a regulation
Recital 11 a (new)
Recital 11 a (new)
Amendment 66 #
2022/0341(COD)
Proposal for a regulation
Recital 14
Recital 14
(14) It is of critical importance that PSPs effectively comply with their obligations stemming from Union, EU Member States, United Nations and United States of America sanctions against persons, bodies or entities that are subject to an asset freeze or a prohibition to make funds or economic resources available to it, or for its benefit, either directly or indirectly, pursuant to restrictive measures adopted in accordance with Article 215 TFEU (listed persons or entities). Union law, however, does not lay down rules on the procedure or tools to be used by PSPs to ensure their compliance with those obligations. PSPs thus apply various methods, based on their individual choice or on the guidance provided by the national authorities concerned. The practice of complying with obligations stemming from Union EU Member States, United Nations and United States of America sanctions by screening the payer and the payee involved in each credit transfer transaction, either national or cross-border, leads to a very high number of credit transfers being flagged as potentially involving listed persons or entities. However, the large majority of such flagged transactions turn out, after verification, not to involve any such persons or entities. Due to the nature of instant credit transfers, it is impossible for PSPs to verify, within short time limits, such flagged transactions instantly and, as a result, they are rejected. That situation creates operational challenges for PSPs to offer instant credit transfers to their PSUs across the Union in a reliable and predictable way. To provide for greater legal certainty, increase the efficiency of PSPs’ efforts to comply with their obligations stemming from Union, EU Member States, United Nations and United States of America sanctions in the context of instant credit transfers in euro, and to prevent unnecessary hindering of such transactions, PSPs should thus verify, at least daily, whether their PSUs are listed persons or entities, and should no longer apply transaction-based screening.
Amendment 71 #
2022/0341(COD)
Proposal for a regulation
Recital 15
Recital 15
(15) To prevent the initiation of instant credit transfers from payment accounts belonging to listed persons or entities and to immediately freeze funds sent to such accounts, PSPs should carry out verifications of their PSUs as soon as possible following the entry into force of a new restrictive measure adopted in accordance with Article 215 TFEU providing for asset freeze or prohibition of making funds or economic resources available, thus ensuring that PSPs comply with their obligations stemming from Union, EU Member States, United Nations and United States of America sanctions in an effective manner.
Amendment 76 #
2022/0341(COD)
Proposal for a regulation
Recital 16
Recital 16
(16) Failure of one PSP to carry out timely verifications of its PSUs could result in a failure of the other PSP involved in carrying out the same instant credit transfer transaction to freeze funds of a listed person or entity or not to make funds or economic resources available to such person or entity. PSPs that incur penalties for non-compliance with their obligations stemming from Union, EU Member States, United Nations and United States of America sanctions due to the failure of another PSP to carry out timely verifications of its PSUs should be compensated for those penalties by that PSP.
Amendment 79 #
2022/0341(COD)
Proposal for a regulation
Recital 17
Recital 17
(17) The infringements of this Regulation should be subject to penalties, imposed by the competent authorities of the Member States. Such penalties should be effective, proportionate and dissuasive. To facilitate the mutual trust of PSPs and the relevant competent authorities in the uniform and thorough implementation of a harmonised approach to compliance with PSP obligations stemming from Union, EU Member States, United Nations and United States of America sanctions, it is in particular appropriate to harmonise across the Union the minimum levels for penalties for the infringement by PSPs of their obligations to verify whether their PSUs are listed persons or entities.
Amendment 82 #
2022/0341(COD)
Proposal for a regulation
Recital 18
Recital 18
(18) PSPs need sufficient time to meet the obligations laid down in this Regulation. It is therefore appropriate to introduce those obligations gradually, allowing PSPs a more efficient use of their resources. The obligation to offer the service of sending instant credit transfers should therefore apply later, preceded by the obligation to offer the service of receiving instant credit transfers, since the sending of instant credit transfers tends to be more costly and complex of the two services to implement and therefore necessitates more time. The service of notifying detected discrepancies between the name and payment account identifier of the payee to the payer is only relevant for PSPs offering the service of sending instant credit transfers. The obligation to offer that service should therefore apply from the same time as the obligation to offer the service of sending instant credit transfers. The obligations related to charges and harmonised procedure to ensure compliance with obligations stemming from Union, EU Member States, United Nations and United States of America sanctions should apply as soon as PSPs are obliged to offer the service of receiving instant credit transfers. To allow PSPs located in Member States whose currency is not the euro to efficiently allocate the resources needed for the implementation of instant credit transfers in euro, the obligations laid down in this Regulation should apply to such PSPs as of a later date than to PSPs located in Member States whose currency is the euro with the same gradual approach for introducing various obligations as for PSPs located in the euro area.
Amendment 104 #
2022/0341(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EU) No 260/2012
Article 5a – paragraph 1 – subparagraph 1
Article 5a – paragraph 1 – subparagraph 1
PSPs in Member State whose currency is the euro that offer to their PSUs a payment service of sending and receiving credit transfers shall offer to all their PSUs a payment service of sending and receiving instant credit transfers.
Amendment 122 #
2022/0341(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EU) No 260/2012
Article 5a – paragraph 2 – point a
Article 5a – paragraph 2 – point a
(a) they shall ensure that payers are able to place a payment order for an instant credit transfer through the samat least one online PSU interfaces as the ones through which those payers can place a payment order for other credit transfers ;
Amendment 141 #
2022/0341(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EU) No 260/2012
Article 5a – paragraph 3
Article 5a – paragraph 3
3. When providing instant credit transfers in euro, PSPs shall offer to their PSUs the possibility to submit multipleup to 200 payment orders as a package if they offer that possibility to their PSUs for other types of credit transfers.
Amendment 150 #
2022/0341(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EU) No 260/2012
Article 5a – paragraph 4 – subparagraph 1
Article 5a – paragraph 4 – subparagraph 1
PSPs as referred to in paragraph 1 that are located in a Member State whose currency is the euro shall offer PSUs the service of receiving instant credit transfers in euro by … [PO please insert the date = 612 months after the date of entry into force of this Regulation], and the service of sending instant credit transfers in euro by … [PO please insert the date = 124 months after the date of entry into force of this Regulation].
Amendment 190 #
2022/0341(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EU) No 260/2012
Article 5c – paragraph 1 – subparagraph 1
Article 5c – paragraph 1 – subparagraph 1
With regard to instant credit transfers, a payer’s PSP shall verifyinitiate verification of the payment account identifier and the name of the payee as provided by the PSU with payee's PSP. The payee's PSP shall verify and confirm back to the payer's PSP whether the payment account identifier and the name of the payee provided by the payer match. Where they do not match, thate payee's PSP shall notify the payer's PSP of any discrepancies detected and the degree of any such discrepancy. The payer's PSP shall notify the payer of the verification results provided by the payee's PSP.
Amendment 199 #
2022/0341(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EU) No 260/2012
Article 5c – paragraph 1 – subparagraph 2
Article 5c – paragraph 1 – subparagraph 2
PSPs shall provide that service immediatwithout delay after the payer provided to its PSP the payment account identifier of the payee and the name of the payee, and before the payer is offered the possibility to authorise the instant credit transfer.
Amendment 226 #
2022/0341(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EU) No 260/2012
Article 5c – paragraph 5
Article 5c – paragraph 5
5. The service referred to in paragraph 1 shall be provided to the payer regardless offor the PSU interface used by the payer to place a payment order for an instant credit transferdefined in Art. 5a (2a) of this regulation.
Amendment 239 #
2022/0341(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EU) No 260/2012
Article 5c – paragraph 6 – subparagraph 1
Article 5c – paragraph 6 – subparagraph 1
PSPs located in a Member State whose currency is the euro shall comply with this Article by …[ PO please insert the date = 124 months after the date of entry into force of this Regulation].
Amendment 242 #
2022/0341(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EU) No 260/2012
Article 5c – paragraph 6 – subparagraph 2
Article 5c – paragraph 6 – subparagraph 2
Amendment 179 #
2022/0278(COD)
Proposal for a regulation
Recital 1
Recital 1
(1) Past crises, especially the early days of the COVID-19 pandemic, have shown that the internal market (also referred to as the Single Market and its supply chains can be severely affected by such crises, and appropriate crisis management tools and coordination mechanisms are either lacking, do not cover all aspects of the Single market or do not allow for a timely response to such impacts.
Amendment 183 #
2022/0278(COD)
Proposal for a regulation
Recital 2
Recital 2
(2) The Union was not sufficiently prepared to ensure efficient manufacturing, procurement and distribution of crisis- relevant non-medical goods such as personal protective equipment, especially in the early phase of the COVID-19 pandemic and the ad-hoc measures taken by the Commission in order to re-establish the functioning of the Single Market and to ensure the availability of crisis-relevant non-medical goods during the COVID-19 pandemic were necessarily reactive The pandemic also revealed insufficient overview of manufacturing capacities across the Union as well as vulnerabilities related to the global supply chains.
Amendment 186 #
2022/0278(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) Actions by the Commission were delayed by several weeks due to the lack of any Union wide contingency planning measures and of clarity as to which part of the national administration to contact to find rapid solutions to the impact on the Single Market being cause by the crisis. In addition, it became clear that uncoordinated restrictive actions taken by the Member States would further aggravate the impacts of the crisis on the Ssingle market. It emerged that there is a need for arrangements between the Member States and Union authorities as regards contingency planning, technical level coordination and cooperation and information exchange.
Amendment 190 #
2022/0278(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) These recent events have also highlighted the need for the Union to be better prepared for possible future crises, especially as we consider the continuing effects of climate change and resulting natural disasters as well as global economic and geopolitical instabilities. Given the fact that it is not known which kind of crises could come up next and produce severe impacts on the Single Market and its supply chains in the future, it is necessary to provide for an instrument that would apply with regards to impacts ondisrupting the Single Market of a wide range of crises by safeguarding the free movement of goods, services and persons and which facilitates access to crisis-relevant goods and services in the Single Market.
Amendment 193 #
2022/0278(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) The impact of a crisis on the Single Market can be two-fold. On the one hand, a crisis can lead to obstacles to free movement within the Single Market, thus disrupting its normal functioning. On the other hand, a crisis can amplify shortages of crisis-relevant goods and services on the Single Market. The Regulation should address both types of impacts on the Single Market.
Amendment 197 #
2022/0278(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) Since any specific aspects of future crises that would impact the Single Market and its supply chains are hard to predict, this Regulation should provide for a general framework for anticipating, preparing for, mitigating and minimising the negative impacts which any crisis may cause on the Single Market and its supply chains. .
Amendment 200 #
2022/0278(COD)
Proposal for a regulation
Recital 9
Recital 9
Amendment 210 #
2022/0278(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) Where possible, this Regulation should allow for anticipation of events and crises, building on on-going analysis concerning strategcritically important areas of the Single Market economy and the Union’s continuous foresight work before any emergency is declared.
Amendment 217 #
2022/0278(COD)
Proposal for a regulation
Recital 16
Recital 16
(16) In order to account for the exceptional nature of and potential far- reaching consequences for the fundamental operation of the Singe Market of a Single Market emergency, implementing powers should exceptionally be conferred on the Council for the activation of Single Market emergency mode pursuant to Article 2891(2) of the Treaty on the Functioning of the European Union.
Amendment 220 #
2022/0278(COD)
Proposal for a regulation
Recital 18
Recital 18
(18) As regards the measures for re- establishing and facilitating free movement of persons and any other measures affecting the free movement of persons provided under this Regulation, they are based on Article 21 TFEU and complement Directive 2004/38/EC without affecting its application at the time of Single Market emergencies. Such measures should not result in authorising or justifying restrictions to free movement contrary to the Treaties or other provisions of Union law and instead set down measures which are not acceptable under Union law, before, during, or after a Single Market emergency.
Amendment 222 #
2022/0278(COD)
Proposal for a regulation
Recital 19
Recital 19
(19) Article 45 TFEU lays down the right to free movement of workers, subject to the limitations and conditions laid down in the Treaties and the measures adopted to give them effect. This Regulation contains provisions which complement the existing measures in order to reinforce free movement of persons, increase transparency and provide administrative assistance during Single Market emergencies. Such measures include setting up and making available of the single points of contact to workers and their representatives in the Member States and at Union level during the Single Market vigilance and emergency modes under this regulationemergency mode under this regulation. Member States and the Commission are encouraged to use existing intruments for the set up and operation of these contact points. Such contact points should be active even outside the emergency mode and should serve to help communication between the Member States and with the steering board.
Amendment 226 #
2022/0278(COD)
Proposal for a regulation
Recital 20
Recital 20
Amendment 233 #
2022/0278(COD)
Proposal for a regulation
Recital 22
Recital 22
(22) When examining the compatibility of any notified draft or adopted measures with the principle of proportionality, the Commission should pay due regard to the evolving crisis situation and often limited information that is at the disposal of the Member States when they seek to reduce the emerging risks in the context of the crisis. Where justified and necessary in the circumstances, the Commission may consider based on any available information, including specialised or scientific information, the merits of Member State arguments relying on the precautionary principle as a reason for adoption of free movement of persons restrictions. It is the task of the Commission to ensure that such measures comply with Union law and do not create unjustified obstacles to the functioning of the Single Market. The Commission should react to the notifications of Member States as quickly as possible, taking into account the circumstances of the particular crisis, and at the latest within the time-limits set out by this Regulation. Where it is needed and it is clear that a measure is likely to not comply with Union law, the Commission should be able to suspend the application of measures already adopted. To wait for the full notification procedure would endanger the fundament rights of European citizens and businesses by creating potentially illegal barriers and therefore only increasing the harm of an emergency.
Amendment 237 #
2022/0278(COD)
Proposal for a regulation
Recital 23
Recital 23
(23) In order to ensure that the specific Single Market emergency measures provided for in this Regulation are used only where this is indispensable for responding to a particular Single Market emergency, such measures should require individual activation by means of Commission implementing actsimplementing powers should exceptionally be conferred on the Council for the individual activation of such measures pursuant to Article 291(2) of the Treaty on the Functioning of the European Union, which indicate the reasons for such activation and the crisis- relevant goods or services that such measures apply to.
Amendment 241 #
2022/0278(COD)
Proposal for a regulation
Recital 24
Recital 24
(24) Furthermore, in order to ensure the proportionality of the implementing acts and due respect for the role of economic operators in crisis management, the Commissionuncil should only resort to the activation of the Single Market emergency mode, where economic operators are not able to provide a solution on a voluntary basis within a reasonable time. Why this is the case should be indicated in each such act, and in relation to all particular aspects of a crisis.
Amendment 244 #
2022/0278(COD)
Proposal for a regulation
Recital 26
Recital 26
(26) The activation of the Single Market emergency mode, where needed, should also trigger the application of certain crisis- response procedures which introduce adjustments to the rules governing the design, manufacture, conformity assessment and the placing on the market of goods subject to Union harmonised rules. These crisis-response procedures should enable products, designated as crisis-relevant goods to be placed swiftly on the market in an emergency context. The conformity assessment bodies should prioritise the conformity assessment of crisis-relevant goods over any other ongoing applications for other products. On the other hand, in cases, where there are undue delays in the conformity assessment procedures, the national competent authorities should be able to issue authorisations for products, which have not undergone the applicable conformity assessment procedures to be placed on their respective market, provided that they comply with the applicable safety requirements. Such authorisations shall be only valid on the territory of the issuing Member State and limited to the duration of the Single Market emergency. In addition, in order to facilitate the increase in supply of crisis- relevant products, certain flexibilities should be introduced with respect to the mechanism of presumption of conformity. In the context of a Single Market emergency, the manufacturers of crisis- relevant goods should be able to rely also on national and international standards, which provide an equivalent level of protection to the harmonised European standards. In cases where the later do not exist or the compliance with them is rendered excessively difficult by the disruptions to the Single Market, the Commission should be able to issue common technical specifications of voluntary or of mandatory application in order to provide ready-to-use technical solutions to the manufacturers.
Amendment 246 #
2022/0278(COD)
Proposal for a regulation
Recital 28
Recital 28
(28) In cases where there are substantial risks to the functioning of the Single Market or in cases of severe shortages or an exceptionally high demand of goods of strategic importance, measures at Union level aimed to ensure the availability of crisis-relevant products, such as priority rated orders, may prove to be indispensable for the return to the normal functioning of the Single Market.
Amendment 248 #
2022/0278(COD)
Proposal for a regulation
Recital 29
Recital 29
(29) In order to leverage the purchasing power and negotiating position of the Commission during the Single Market vigilance mode and the Single Market emergency mode, Member States should be able to request the Commission to procure on their behalf.
Amendment 252 #
2022/0278(COD)
Proposal for a regulation
Recital 32
Recital 32
(32) Additionally, to ensure that crisis- relevant goods are available during the Single Market emergency, the Commission may invite the economic operators that operate in crisis-relevant supply chains to prioritise the orders of inputs necessary for the production of final goods that are crisis relevant, or the orders of such final goods themselves. Should an economic operator refuse to accept and prioritise such orders, following objective evidence that the availability of crisis-relevant goods is indispensable, the Commission may decide to invite the economic operators concerned to accept and prioritise certain orders, the fulfilment of which will then take precedence over any other private or public law obligations. In the event of failure to accept, the operator in question should explain its legitimate reasons for declining the request. The Commission may make such reasoned explanation or parts of it public, with due regard to business confidentiality.
Amendment 257 #
2022/0278(COD)
Proposal for a regulation
Recital 35
Recital 35
(35) In order to ensure uniform conditions for the implementation of this Regulation, implementing powers should be conferred on the Commission as regards the possibility to adopt supportive measures for facilitating free movement of persons, for establishing a list of individual targets (quantities and deadlines) for those strategic reserves that the Member States should maintain, so that the objectives of the initiative are achieved. Furthermore. Moreover, implementing powers should be conferred on the Commission as regards activating the vigilance mode and vigilance measures in order to carefully monitor the strategic supply chains and coordinate the building up of strategic reserves for goods and services of strategic importance. Moreover, implementing powers should be conferred on the Commissionuncil as regards activation of specific emergency response measures at the time of a Single Market emergency, to allow for a rapid and coordinated response. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council.
Amendment 269 #
2022/0278(COD)
Proposal for a regulation
Recital 38
Recital 38
(38) The Union framework shall include interregional elements to establish coherent, multi-sectoral, cross-border Single Market vigilance and emergency response measures, in particular considering the resources, capacities and vulnerabilities across neighbouring regions, specifically border regions.
Amendment 271 #
2022/0278(COD)
Proposal for a regulation
Recital 39
Recital 39
Amendment 273 #
2022/0278(COD)
Proposal for a regulation
Recital 40
Recital 40
(40) In order to put in place a framework of crisis protocols the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission to supplement the regulatory framework set out in this Regulation by further specifying the modalities of cooperation of the Member States and Union authorities during the Single Market vigilance and emergency modes, secure exchange of information and risk and crisis communication. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making . In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States' experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts.
Amendment 277 #
2022/0278(COD)
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
1. This Regulation establishes a framework of measures to anticipate, prepare for and respond toaddress the impacts of crises ondisrupting the Single Market, with the purpose of safeguarding the free movement of goods, services and persons and of ensuring the availability of goods and services of strategic importance andfacilitating access to crisis- relevant goods and services in the Single Market.
Amendment 280 #
2022/0278(COD)
Proposal for a regulation
Article 1 – paragraph 2
Article 1 – paragraph 2
Amendment 284 #
2022/0278(COD)
Proposal for a regulation
Article 1 – paragraph 2 – point a
Article 1 – paragraph 2 – point a
(a) an advisory group to advise the Commission on the appropriate measures for anticipating, steering board to decide whether sufficient evidence exists in order to trigger measures for preventing or responding to the impact of a crisis on the Single Market;
Amendment 288 #
2022/0278(COD)
Proposal for a regulation
Article 1 – paragraph 2 – point c
Article 1 – paragraph 2 – point c
(c) contingency measures aiming at anticipationto prepare and planning;
Amendment 289 #
2022/0278(COD)
Proposal for a regulation
Article 1 – paragraph 2 – point d
Article 1 – paragraph 2 – point d
Amendment 295 #
2022/0278(COD)
Proposal for a regulation
Article 1 – paragraph 3
Article 1 – paragraph 3
Amendment 300 #
2022/0278(COD)
Proposal for a regulation
Article 1 – paragraph 4
Article 1 – paragraph 4
Amendment 307 #
2022/0278(COD)
Proposal for a regulation
Article 2 – paragraph 1
Article 2 – paragraph 1
1. The measures set out in this Regulation apply in relation to significant impacts of a crisis on the functioning of the Single Market and its supply chainsternal market.
Amendment 312 #
2022/0278(COD)
Proposal for a regulation
Article 2 – paragraph 6
Article 2 – paragraph 6
Amendment 313 #
2022/0278(COD)
Proposal for a regulation
Article 2 – paragraph 6 – point a
Article 2 – paragraph 6 – point a
Amendment 314 #
2022/0278(COD)
Proposal for a regulation
Article 2 – paragraph 6 – point b
Article 2 – paragraph 6 – point b
Amendment 323 #
2022/0278(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 1
Article 3 – paragraph 1 – point 1
(1) ‘crisis’ means an exceptional unexpected and sudden, natural or man- made major event of extraordinary nature and scale that takes place inside or outside of the Uniendangers the general interest objectives of the Union by creating a significant adverse impact on the free movement of goods, services or persons;
Amendment 325 #
2022/0278(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 1 a (new)
Article 3 – paragraph 1 – point 1 a (new)
(1 a) ‘major event’ means an event which is likely to pose a serious risk to the free movement of goods, services or persons in more than one Member State, to affect the supply of or demand for critical products or services, to lead to shortages in more than one Member State and which necessitates urgent coordination at Union level in order to ensure the freedoms of the internal market;
Amendment 327 #
2022/0278(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 2
Article 3 – paragraph 1 – point 2
Amendment 335 #
2022/0278(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 3
Article 3 – paragraph 1 – point 3
(3) ‘Single Market emergency’ means a wide-ranging impact of a crisis on the Single Mternal market that severely disrupts the free movement on the Single Market or thef goods, services or persons or severely disrupts the cross- border functioning of the supply chains that are indispensable in the maintenance of vital societal or economic activities in the Single Marketof critial goods and services between more than one Member State;
Amendment 340 #
2022/0278(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 4
Article 3 – paragraph 1 – point 4
(4) ‘strategcritically important areas’ means those areas with critical importance to the Union and its Member States, in that they are of systemic and vital importance for public security, public safety, public order or public health, and the disruption, failure, loss or destruction of which would have a significant impact on the functioning of the Single Market;
Amendment 345 #
2022/0278(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 5
Article 3 – paragraph 1 – point 5
(5) ‘goods and services of strategiccritical importance’ means goods and services that are indispensable for ensuring the functioning of the Single Market in strategcritically important areas and which cannot be substituted or diversified;
Amendment 350 #
2022/0278(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 7
Article 3 – paragraph 1 – point 7
(7) ‘strategic reserves’ means a stock of goods of strategiccritical importance for which building a reserve may be necessary to prepare for a Single Market emergency, under the control of a Member State.
Amendment 354 #
2022/0278(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 7 a (new)
Article 3 – paragraph 1 – point 7 a (new)
Amendment 358 #
Amendment 359 #
2022/0278(COD)
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
1. An advisory group steering board is established.
Amendment 361 #
2022/0278(COD)
Proposal for a regulation
Article 4 – paragraph 2
Article 4 – paragraph 2
2. The advisory groupsteering board shall be composed of one representative from each Member State. Each Member State shall nominate a representative and an alternate representative, three representatives of the European Parliament and two representatives of the European Economic and Social Committee, respresenting the social partners. The representatives of the European Parliament shall represent the majority of its members. Each steering board member shall also nominate an alternate representative. The representatives of the European Economic and Social Committee shall have no voting rights.
Amendment 370 #
2022/0278(COD)
Proposal for a regulation
Article 4 – paragraph 3
Article 4 – paragraph 3
3. The Commission shall chair the advisory groupsteering board and ensure its secretariat. The Commissionsteering board may invite additional representatives of the European Parliament, representatives of EFTA States that are contracting parties to the Agreement on the European Economic Area49 , representatives of economic operators, stakeholder organisations, social partners and experts, to attend meetings of the advisory groupsteering board as observers. It shall invite the representatives of other crisis- relevant bodies at Union level as observers to the relevant meetings of the advisory groupsteering board. __________________ 49 OJ L 1, 3.1.1994, p. 3.
Amendment 380 #
2022/0278(COD)
Proposal for a regulation
Article 4 – paragraph 4 – introductory part
Article 4 – paragraph 4 – introductory part
4. For the purpose of contingency planning under Articles 6 to 8, the advisorysteering group shall assist, with the anid adviseof the Commission as regards, carry out the following tasks:
Amendment 381 #
2022/0278(COD)
Proposal for a regulation
Article 4 – paragraph 4 – point a
Article 4 – paragraph 4 – point a
(a) proposinge arrangements for administrative cooperation between the Commission and the Member States at the time of the Single Market vigilance and emergency modes that would be contained in the crisis protocols under Article 6;
Amendment 383 #
2022/0278(COD)
Proposal for a regulation
Article 4 – paragraph 4 – point b
Article 4 – paragraph 4 – point b
(b) assessingment of significant incidents evidence of a potential internal market emergency that the Member States or other parties have alerted the Commission to.
Amendment 390 #
2022/0278(COD)
Proposal for a regulation
Article 4 – paragraph 5
Article 4 – paragraph 5
Amendment 395 #
2022/0278(COD)
Proposal for a regulation
Article 4 – paragraph 5 – point b
Article 4 – paragraph 5 – point b
Amendment 403 #
2022/0278(COD)
Proposal for a regulation
Article 4 – paragraph 6 – introductory part
Article 4 – paragraph 6 – introductory part
6. For the purposes of the Single Market emergency mode as referred to in Article 14, the advisory group shall assist the Commission insteering board shall carry out the following tasks:
Amendment 405 #
2022/0278(COD)
Proposal for a regulation
Article 4 – paragraph 6 – point -a (new)
Article 4 – paragraph 6 – point -a (new)
(-a) consulting the representatives of economic operators, including SMEs, and industry to collect market intelligence;
Amendment 407 #
2022/0278(COD)
Proposal for a regulation
Article 4 – paragraph 6 – point a
Article 4 – paragraph 6 – point a
(a) analysinge crisis-relevant information gathered by Member States or, EEA states, economic operators and the Commission;
Amendment 409 #
2022/0278(COD)
Proposal for a regulation
Article 4 – paragraph 6 – point b
Article 4 – paragraph 6 – point b
(b) establishingdecide whether the criteria for activation or deactivation of the emergency mode have been fulfilled; and that there is sufficient and reliable evidence to support that conclusion;
Amendment 412 #
2022/0278(COD)
Proposal for a regulation
Article 4 – paragraph 6 – point c
Article 4 – paragraph 6 – point c
(c) advisinge on the implementation of the measures chosen to respond to Single Market emergency at Union level;
Amendment 413 #
2022/0278(COD)
Proposal for a regulation
Article 4 – paragraph 6 – point d
Article 4 – paragraph 6 – point d
(d) performing a review of national crisis measures;
Amendment 415 #
2022/0278(COD)
Proposal for a regulation
Article 4 – paragraph 6 – point e
Article 4 – paragraph 6 – point e
(e) facilitatinge exchanges and sharing of information, including with other crisis- relevant bodies at Union level, as well as, as appropriate, third countries, with particular attention paid to developing countries, and international organisations.
Amendment 418 #
2022/0278(COD)
Proposal for a regulation
Article 4 – paragraph 7
Article 4 – paragraph 7
7. The Commissionsteering board shall ensure the participation of all bodies at Union level that are relevant to the respective crisis. The advisory groupsteering board shall cooperate and coordinate closely, where appropriate, with other relevant crisis-related bodies at Union level. The Commission shall ensure coordination with the measures implemented through other Union mechanisms, such as the Union Civil Protection Mechanism (UCPM) or the EU Health Security Framework. The advisory group shall ensure information exchange with the Emergency Response Coordination Centre under the UCPM.
Amendment 422 #
2022/0278(COD)
Proposal for a regulation
Article 4 – paragraph 8
Article 4 – paragraph 8
8. The advisory groupsteering board shall meet at least three times a year. At its first meeting, on a proposal by and in agreement with the Commission, the advisory groupsteering board shall adopt its rules of procedure.
Amendment 426 #
2022/0278(COD)
Proposal for a regulation
Article 4 – paragraph 9
Article 4 – paragraph 9
9. The advisory group may adoptsteering board may adopt decisions, opinions, recommendations or reports in the context of its tasks set out in paragraphs 4 to 6.
Amendment 434 #
2022/0278(COD)
Proposal for a regulation
Article 5 – paragraph 2
Article 5 – paragraph 2
2. The Commission shall designate a Union level central liaison office for contacts with the central liaison offices of the Member States during the Single Market vigilance and emergency modes under this Regulation. The Union level central liaison office shall ensure the coordination and information exchange with the central liaison offices of the Member States for the management of the Single Market vigilance and emergency modes.
Amendment 438 #
2022/0278(COD)
Proposal for a regulation
Article 6 – paragraph 1 – introductory part
Article 6 – paragraph 1 – introductory part
1. The Commission taking intodue consideration of the opinion of the advisory groupand recommendation of the steering board and the input of relevant Union level bodies, is empowereand after consulting the Member States, is empowered to adopt a delegated act to supplement this Regulation with a framework setting out crisis protocols regarding crisis cooperation, exchange of information and crisis communication for the Single Market vigilance and emergency modes, in particular:
Amendment 440 #
2022/0278(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point a
Article 6 – paragraph 1 – point a
(a) cooperation between national and Union level competent authorities for the management of the Single Market vigilance and emergency modes in vigilance and emergency modes across the sectors of the Single Marketemergency mode;
Amendment 444 #
2022/0278(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point c
Article 6 – paragraph 1 – point c
(c) a coordinated approach to risk and crisis communication also vis-à-viswith economic operators and the public with a coordinating role for the Commission;
Amendment 445 #
2022/0278(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point d
Article 6 – paragraph 1 – point d
Amendment 447 #
2022/0278(COD)
Proposal for a regulation
Article 6 – paragraph 2 – point a
Article 6 – paragraph 2 – point a
(a) an inventory of relevant national competent authorities, the central liaison offices designated in accordance with Article 5 and single points of contact referred to in Article 21, their contact details, assigned roles and responsibilities during the vigilance and emergency modes of this Regulation under national law;
Amendment 451 #
2022/0278(COD)
Proposal for a regulation
Article 6 – paragraph 2 – point b
Article 6 – paragraph 2 – point b
(b) consultation of the representatives of economic operators and social partners, including SMEs, on their initiatives and actions to mitigate and respond to potential supply chain disruptions and overcome potential shortages of goods and services in the Single Market;an internal market emergency, who shall be consulted as soon as possible and whose response shall be voluntary.
Amendment 454 #
2022/0278(COD)
Proposal for a regulation
Article 6 – paragraph 2 – point c
Article 6 – paragraph 2 – point c
(c) technical level cooperation in the vigilance and emergency modes across the sectors of the Single Market;
Amendment 455 #
2022/0278(COD)
Proposal for a regulation
Article 6 – paragraph 2 – point d
Article 6 – paragraph 2 – point d
(d) risk and emergency communication, with a coordinating role for the Commission, adequately taking into account already existing structures;
Amendment 457 #
2022/0278(COD)
Proposal for a regulation
Article 6 – paragraph 3
Article 6 – paragraph 3
Amendment 467 #
2022/0278(COD)
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. The central liaison office of a Member State shall notify the Commission and the central liaison offices of other Member States without undue delay of any incidmajor events that significantly disrupt or hait has reason to believe eithe potential to significantly disrupt the functionr meet or may soon meet the criteria ing of the Single Market and its supply chains (significant incidents)rder to be defined as a crisis or an internal market emergency.
Amendment 470 #
2022/0278(COD)
Proposal for a regulation
Article 8 – paragraph 3 – introductory part
Article 8 – paragraph 3 – introductory part
3. In order to determine whether the disruption or potential disruption of the functioning of the Single Market and its supply chains of goods and services is significant andevents referred to in paragraph 1 should be the object of an alert, the central liaison office of a Member State shall take the following into account:
Amendment 479 #
2022/0278(COD)
Proposal for a regulation
Article 8 – paragraph 3 – point c
Article 8 – paragraph 3 – point c
(c) the geographical area;, the proportion of the Single Market affected by the disruption or potential disruption; the impact on specific geographical areas particularly vulnerable or exposed to supply chain disruptions including the EU outermost region and its cross-border effects;
Amendment 485 #
Amendment 489 #
2022/0278(COD)
Proposal for a regulation
Article 9 – paragraph 1 – introductory part
Article 9 – paragraph 1 – introductory part
1. Where the Commission, taking into consideration the opinion provided by the advisory group,duly reflecting the decision provided by the steering board, considers that the threat referred to in Article 3(2) is present, it shall activate the vigilance mode for a maximum duration of six months by means of an implementing act. Where the Commission considers that the threat referred to in Article 3(2) is present, despite the steering board stating otherwise in its decision , it shall activate the vigilance mode for a maximum duration of six months by means of an implementing act adopted by an unanimous decision. Such an implementing act shall contain the following:
Amendment 500 #
2022/0278(COD)
Proposal for a regulation
Article 9 – paragraph 1 – point a
Article 9 – paragraph 1 – point a
(a) an assessment of the potential impact of the expected crisis;
Amendment 503 #
2022/0278(COD)
Proposal for a regulation
Article 9 – paragraph 1 – point b
Article 9 – paragraph 1 – point b
(b) list of the goods and services of strategiccritical importance concerned, and
Amendment 510 #
2022/0278(COD)
Proposal for a regulation
Article 10
Article 10
Amendment 514 #
2022/0278(COD)
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
1. The Commission, if it considers that the reasons for activating the vigilance mode pursuant to Article 9(1) remain valid, and taking into consideration the opinduly reflecting a positive decision provided by the advisory groupsteering board, may extend the vigilance mode for a maximum duration of six months by means of an implementing act.
Amendment 521 #
2022/0278(COD)
Proposal for a regulation
Article 10 – paragraph 2
Article 10 – paragraph 2
2. Where the Commission, taking into consideration the opinduly reflecting the decision provided by the advisory groupsteering board, finds that the threat referred to in Article 3(2) is no longer present, with respect to some or all vigilance measures or for some or all of the goods and services, it shall deactivate the vigilance mode in full or in part by means of an implementing act.
Amendment 525 #
Amendment 536 #
2022/0278(COD)
Proposal for a regulation
Article 11 – paragraph 2
Article 11 – paragraph 2
2. The Commission shall provide for standardised and secure means for the collection and processing of information for the purpose of paragraph 1, using electronic means. Without prejudice to national legislation requiring collected information including business secrets to be kept confidential, confidentiality with regard to the commercially sensitive information and information affecting the security and public order of the Union or its Member States shall be ensured.
Amendment 537 #
2022/0278(COD)
Proposal for a regulation
Article 11 – paragraph 3
Article 11 – paragraph 3
3. Member States shall, where possible, set up and maintain an inventory of the most relevant economic operators established on their respective national territory that operate along the supply chains of goods and services of strategic importance that have been identified in the implementing act activating the vigilance mode.
Amendment 544 #
2022/0278(COD)
Proposal for a regulation
Article 11 – paragraph 4
Article 11 – paragraph 4
4. On the basis of the inventory set up pursuant to Article 6, national competent authorities shallmay address requests for voluntary provision of information to the most relevant operators along the supply chains of goods and services identified in the implementing act adopted pursuant to Article 9 and other relevant stakeholders established in their respective national territory. Such requests shall in particular states which information about factors impacting the availability of the identified goods and services of strategiccritical importance is requested. Each economic operator/stakeholder that voluntarily provides information shall do so on an individual basis in line with the Union rules on competition governing the exchange of information. The national competent authorities shall transmit the relevant findings to the Commission and the advisory groupsteering board without undue delay via the respective central liaison office.
Amendment 546 #
2022/0278(COD)
Proposal for a regulation
Article 11 – paragraph 5
Article 11 – paragraph 5
5. National competent authorities shall have due regard to the administrative burden on economic operators and in particular SMEs, which may be associated with requests for information and ensure it is kept to a minimum. Any information volutarily provided shall be confidential at all times.
Amendment 550 #
2022/0278(COD)
Proposal for a regulation
Article 11 – paragraph 6
Article 11 – paragraph 6
6. The Commission mayshall ask the advisory groupsteering board to discuss the findings and prospects of evolution based on the monitoring of supply chains of goods and services of strategiccritial importance.
Amendment 553 #
2022/0278(COD)
Proposal for a regulation
Article 11 – paragraph 7
Article 11 – paragraph 7
Amendment 558 #
Amendment 561 #
2022/0278(COD)
Proposal for a regulation
Article 12 – paragraph 1 – subparagraph 1
Article 12 – paragraph 1 – subparagraph 1
The Commission may, among the goods of strategic importance listed in an implementing act adopted pursuant to Article 9(1),, identify those for which it may be necessary to build a reserve in order to prepare for a Single Market emergency, taking into account the probability and impact of shortages. The Commission shall give a detailed reason for this identification and for the need to build a reserve and inform the Member States thereof.
Amendment 570 #
2022/0278(COD)
Proposal for a regulation
Article 12 – paragraph 2 – subparagraph 3
Article 12 – paragraph 2 – subparagraph 3
Member States shall report to the Commission the approximate levels of strategic reserves of goods of strategiccritial importance held by them, and the levels of other stocks of such goods held on their territory, where such information is known. Such information shall be confidential.
Amendment 571 #
2022/0278(COD)
Proposal for a regulation
Article 12 – paragraph 3
Article 12 – paragraph 3
3. Taking due account of stocks held or being built up by economic operators on their territory, Member States shall deploy their best efforts to build up strategic reserves of the goods of strategic importance identified in accordance with paragraph 1. The Commission shall provide support to Member States to coordinate and streamline their efforts.
Amendment 580 #
2022/0278(COD)
Proposal for a regulation
Article 13 – paragraph 1 – introductory part
Article 13 – paragraph 1 – introductory part
1. When assessing the severity of a disruption for the purposes of ascertaining whether the impact of a crisis on the Single Mfree movement of goods, services and persons in the internal market qualifies as a Single Market emergency, the Commission shall, based on concrete and reliable evidence, taking e into account at least the following indicators:
Amendment 585 #
2022/0278(COD)
Proposal for a regulation
Article 13 – paragraph 1 – point a
Article 13 – paragraph 1 – point a
(a) the crisis has caused activation of any relevant Council crisis response mechanism, including the Integrated Political Crisis Response, Union Civil Protection Mechanism or the mechanisms set up within the EU Health Security Framework, including [the proposal for] Regulation (EU) …/… on serious cross-border health threats and [the proposal for] Council Regulation (EU) …/… on a framework of measurRegulation (EU) 2022/2372 in the event that the free movement of goods, services for ensuring the supply of crisis-relevant medical countermeasurespersons is affected;
Amendment 588 #
2022/0278(COD)
Proposal for a regulation
Article 13 – paragraph 1 – point b
Article 13 – paragraph 1 – point b
(b) an estimation of the number or market share and market demand of economic operations or users relying on the disrupted sector or sectors of the Single Market for the free movement of or provision of the goods or services concerned;
Amendment 592 #
2022/0278(COD)
Proposal for a regulation
Article 13 – paragraph 1 – point c
Article 13 – paragraph 1 – point c
(c) the critical importance of the goods or services concerned for other sectors and the likelihood of a disruption to those goods or services causing a crisis of a cross-border nature within those sectors;
Amendment 599 #
2022/0278(COD)
Proposal for a regulation
Article 13 – paragraph 1 – point d
Article 13 – paragraph 1 – point d
(d) the impacts in terms of degree and duration on economic and vital societal activities, the environment and public safety;
Amendment 600 #
2022/0278(COD)
Proposal for a regulation
Article 13 – paragraph 1 – point e
Article 13 – paragraph 1 – point e
(e) the economic operators affected by the disruption have not been able to provide a solution in a reasonable time to the particular aspects of the crisis on a voluntary basis.
Amendment 605 #
2022/0278(COD)
Proposal for a regulation
Article 13 – paragraph 1 – point g
Article 13 – paragraph 1 – point g
(g) the geographic area that is and could be affected, including any cross- border impacts on the provision of goods and services as well as on the functioning of systemic supply chains that are indispensable in the maintenance of vital societal or economic activities in the Single Market;
Amendment 612 #
2022/0278(COD)
Proposal for a regulation
Article 13 – paragraph 1 – point i
Article 13 – paragraph 1 – point i
(i) the absence of substitute goods, inputr shortages of substitutes for crisis-relevant goods or services.
Amendment 616 #
2022/0278(COD)
Proposal for a regulation
Article 14 – paragraph 1
Article 14 – paragraph 1
Amendment 623 #
2022/0278(COD)
Proposal for a regulation
Article 14 – paragraph 2
Article 14 – paragraph 2
2. Where the Commission, taking into consideration the opinduly reflecting the decision provided by the advisory groupsteering board, considers there is a Single Market emergency, it shall propose to the Council to activate the Single Market emergency mode.
Amendment 627 #
2022/0278(COD)
Proposal for a regulation
Article 14 – paragraph 3
Article 14 – paragraph 3
3. The Council may activate the Single Market emergency mode by means of a Council implementing act. The duration of the activation, shall be specified in the implementing act, and shall be a maximum of six months.
Amendment 629 #
2022/0278(COD)
Proposal for a regulation
Article 14 – paragraph 4
Article 14 – paragraph 4
Amendment 635 #
2022/0278(COD)
Proposal for a regulation
Article 14 – paragraph 5
Article 14 – paragraph 5
5. As soon asWhen proposing the activation of the Single Market emergency mode is activatedaccording to paragraph 2, the Commission shall, without delay, adopt a list of crisis-relevant goods and services by means of an implementing actwhich will be included in the implementing act referred to in paragraph 3. The list may be amended by means of implementing acts.
Amendment 645 #
2022/0278(COD)
Proposal for a regulation
Article 15 – paragraph 1
Article 15 – paragraph 1
1. Where the Commission considers, taking into consideration the opinion provided by the advisory groupduly reflecting the decision provided by the steering board and based on the same grounds as those in Article 14(2), that an extension of the Single Market emergency mode is necessary, it shall propose to the Council to extend the Single Market emergency mode. Subject to urgent and exceptional changes in circumstances, the Commission shall endeavour to do so no later than 30 days before the expiry of the period for which the Single Market emergency mode has been activated. The Council may extend the Single Market emergency mode by no more than six months at a time by means of an implementing act.
Amendment 649 #
2022/0278(COD)
Proposal for a regulation
Article 15 – paragraph 2
Article 15 – paragraph 2
2. Where the advisory groupsteering board has concrete and reliable evidence that the Single Market emergency should be deactivated, it may formulate an opinadopt a decision to that effect and transmit it to the Commission. Where the Commission, taking into consideration the opinduly reflecting the decision provided by the advisory groupsteering board, considers a Single Market emergency no longer exists, it shall propose to the Council without delay the deactivation of the Single Market emergency mode with immediate effect.
Amendment 652 #
2022/0278(COD)
Proposal for a regulation
Article 15 – paragraph 3
Article 15 – paragraph 3
3. The measures taken in accordance with Articles 24 to 33 and pursuant to the emergency procedures introduced in the respective Union legal frameworks by means of the amendments to sectorial product legislation set out in Regulation of the European Parliament and of the Council amending Regulation (EU) 2016/424, Regulation (EU) 2016/425, Regulation (EU) 2016/426, Regulation (EU) 2019/1009 and Regulation (EU) No 305/2011 and introducing emergency procedures for the conformity assessment, adoption of common specifications and market surveillance in the context of a Single Market emergency and Directive of the European Parliament and of the Council amending Directives 2000/14/EC, 2006/42/EC, 2010/35/EU, 2013/29/EU, 2014/28/EU, 2014/29/EU, 2014/30/EU, 2014/31/EU, 2014/32/EU, 2014/33/EU, 2014/34/EU, 2014/35/EU, 2014/53/EU, and2014/68/EU and introducingas regard emergency procedures for the conformity assessment, adoption of common specifications and market surveillance in the context ofdue to a Single Market shall cease to apply upon deactivation of the duration of the Single Market emergency mode. Goods produced under the emergency procedures may continue to enter the internal market for six months after the deactivation of the emergency mode. The Commission shall submit to the Council an assessment on the effectiveness of the measures taken in addressing the Single Market emergency no later than three months after the expiry of the measures, on the basis of theinputs and exchange of information gathered viaby the monitoring mechanism foreseen by Article 11.steering board. (The list of Regulations and Directive should be amended based on the outcome of negotiations on the omnibus proposals.)
Amendment 655 #
2022/0278(COD)
Proposal for a regulation
Part IV – title II – Chapter I – title
Part IV – title II – Chapter I – title
Amendment 657 #
2022/0278(COD)
Proposal for a regulation
Article 16
Article 16
Amendment 681 #
Amendment 683 #
2022/0278(COD)
Proposal for a regulation
Article 17 – paragraph -1 (new)
Article 17 – paragraph -1 (new)
-1. Any measures addressing an internal market emergency, taken by a Member State or the Union, shall be limited to the duration of the internal market emergency mode and shall be removed as soon as possible, at the latest once the internal market emergency mode has been deactivated in accordance with the procedure set out in Article 15(2).
Amendment 685 #
2022/0278(COD)
Proposal for a regulation
Article 17 – paragraph 1 – introductory part
Article 17 – paragraph 1 – introductory part
1. During the Single Market emergency mode and when responding to a Single Market emergency, Member States shall refrain from introducingMember States shall be prohibited to adopt at any time, including during a Single Market emergency mode, any of the following:
Amendment 690 #
2022/0278(COD)
Proposal for a regulation
Article 17 – paragraph 1 – point b – introductory part
Article 17 – paragraph 1 – point b – introductory part
(b) restrictions on the intra-EU export of goods or provision or receipt of services, or measures having equivalent effect, where those restrictions do any of the following;
Amendment 691 #
2022/0278(COD)
Proposal for a regulation
Article 17 – paragraph 1 – point b – point i
Article 17 – paragraph 1 – point b – point i
Amendment 692 #
2022/0278(COD)
Proposal for a regulation
Article 17 – paragraph 1 – point b – point ii
Article 17 – paragraph 1 – point b – point ii
Amendment 693 #
2022/0278(COD)
Proposal for a regulation
Article 17 – paragraph 1 – point c
Article 17 – paragraph 1 – point c
(c) discrimination between Member States or between citizens, including in their role as service providers or workers, based directly or indirectly on nationality or, in the case of companies, the location of the registered office, central administration or principal place of business;
Amendment 697 #
2022/0278(COD)
Proposal for a regulation
Article 17 – paragraph 1 – point d – introductory part
Article 17 – paragraph 1 – point d – introductory part
(d) restrictions on the free movement of persons or travel restrictions involved in the production of crisis-relevant goods that are listed in an implementing act adopted pursuant to Article 14, paragraph 5 and their parts or inrestrictions on persons involved in the provision of crisis-relevant services that are listed in an implementing act adopted pursuant to Article 14 paragraph 5, or other measures having equivalent effect, that:
Amendment 698 #
2022/0278(COD)
Proposal for a regulation
Article 17 – paragraph 1 – point d – point ii
Article 17 – paragraph 1 – point d – point ii
(ii) are directly or indirectly discriminatory based on nationality of the person.
Amendment 703 #
2022/0278(COD)
Proposal for a regulation
Article 17 – paragraph 2 – introductory part
Article 17 – paragraph 2 – introductory part
2. During the Single Market emergency mode and when responding to the Single Market emergency, Member States shall refrain from any of the following, unless to do so is inherent to the nature of the crisis: Member States shall be prohibited to adopt at any time, including during a Single Market emergency mode, any measures: (points may also be merged with paragraph 1)
Amendment 706 #
2022/0278(COD)
Proposal for a regulation
Article 17 – paragraph 3 – introductory part
Article 17 – paragraph 3 – introductory part
3. During the Single Market emergency mode and when responding to a Single Market emergency, Member States shall refrain from any of the following unless to do so is inherent to the nature of the crisis/Single Market emergency:Member States shall be prohibited to adopt at any time, including during a Single Market emergency mode, measures: (points may also be merged with paragraph 1)
Amendment 709 #
2022/0278(COD)
Proposal for a regulation
Article 17 – paragraph 4 – introductory part
Article 17 – paragraph 4 – introductory part
4. During the Single Market emergency mode and when responding to the Single Market emergency, Member States shall refrain from any of the followingMember States shall be prohibited to adopt at any time, including during a Single Market emergency mode, measures:
Amendment 711 #
2022/0278(COD)
Proposal for a regulation
Article 17 – paragraph 4 – point a
Article 17 – paragraph 4 – point a
(a) applying of more generous rules to travel to or from one Member State to or from another Member State or group of Member States, as compared to travel to and from other Member States unless to do so is inherent to the nature of the crisis/Single Market emergency;
Amendment 712 #
2022/0278(COD)
Proposal for a regulation
Article 17 – paragraph 4 – point c
Article 17 – paragraph 4 – point c
(c) prohibiting of business travel linked to the research and development, to the production of crisis-related goodevant goods or the provision of crisis-relevant services that are listed in an implementing act adopted pursuant to Article 14, paragraph 5, or their placing on the market or to the related inspections;
Amendment 714 #
2022/0278(COD)
Proposal for a regulation
Article 17 – paragraph 4 – point d
Article 17 – paragraph 4 – point d
(d) imposing prohibitions on travel, including travel for imperative family reasons, which are not appropriortionate for the achievement of any legitimate public interest purportedly pursued by such measures or which manifestly go beyond what is necessary to achieve that aim;
Amendment 717 #
2022/0278(COD)
Proposal for a regulation
Article 17 – paragraph 4 – point e
Article 17 – paragraph 4 – point e
(e) imposing restrictions on workers and service providers and their representatives, unless to do so in inherent to the nature of the crisis/Single Market emergency and it does notwhich are not proportionate for the achievement of any legitimate public interest purportedly pursued by such measures or which manifestly go beyond what is necessary for that purpose.to achieve that aim;
Amendment 719 #
2022/0278(COD)
Proposal for a regulation
Article 17 – paragraph 5
Article 17 – paragraph 5
5. When a Single Market emergency has been activated in accordance with Article 14 and the activities exercised by the service providers, business representatives and workers are not affected by the crisis in the Member State and safe travel is possible despite the crisis, that Member State shall not impose travel restrictions on such categories of persons from other Member States that would prevent them from having access to their place of activity or workplace.
Amendment 726 #
2022/0278(COD)
Proposal for a regulation
Article 18 – paragraph 1
Article 18 – paragraph 1
1. During the Single Market emergency mode, the Commission may provide for supportive measures to reinforce free movement of persons referred to in Article 17(6) and 17(7) by means of implementing acts. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 422(2). On duly justified imperative grounds of urgency relating to the impacts of the crisis on the Single Market, the Commission shall adopt immediately applicable implementing acts in accordance with the procedure referred to in Article 42(3).
Amendment 730 #
2022/0278(COD)
Proposal for a regulation
Article 18 – paragraph 2
Article 18 – paragraph 2
2. During the Single Market emergency mode, where the Commission establishes that Member States have put in place templates for attesting that the individual or economic operator is a service provider that provides crisis- relevant services, a business representative or worker that is involved in production of crisis-relevant goods or provision of crisis- relevant services or a civil protection worker and it considers that the use of different templates by each Member States is an obstacle to the free movement at the time of a Single Market emergency, the Commission may issue, if it considers it necessary for supporting the free movement of such categories of persons and their equipment during the ongoing Single Market emergency, templates for attesting that they fulfil the relevant criteria for the application Article 17(6) in all Member States by means of implementing acts.
Amendment 733 #
2022/0278(COD)
Proposal for a regulation
Article 18 – paragraph 3
Article 18 – paragraph 3
3. The implementing acts referred to in paragraphs 1 and 2 shall be adopted in accordance with the examination procedure referred to in Article 42(2). On duly justified imperative grounds of urgency relating to the impacts of the crisis on the Single Market, the Commission shall adopt immediately applicable implementing acts in accordance with the procedure referred to in Article 42(3).
Amendment 736 #
2022/0278(COD)
Proposal for a regulation
Article 19 – paragraph 1 – subparagraph 1
Article 19 – paragraph 1 – subparagraph 1
During the Single Market emergency and during a vigilance mode, Member States shall notify to the Commission any crisis- relevant draft measures restricting free movement of goods and the freedom to provide services as well as crisis-relevant restrictions of free movement of persons, including workers together with the reasons for those measures.
Amendment 738 #
2022/0278(COD)
Proposal for a regulation
Article 19 – paragraph 1 a (new)
Article 19 – paragraph 1 a (new)
1 a. Any measures that are not notified in accordance with paragraph 1 shall be deemed null and void.
Amendment 741 #
2022/0278(COD)
Proposal for a regulation
Article 19 – paragraph 2
Article 19 – paragraph 2
2. Member States shall provide to the Commission a statement of the reasons which makedemonstrating that the enactment of such measures are justified and proportionate, where those reasons have not already been made clear in the notified measure. Member States shall communicate to the Commission the full text of the national legislative or regulatory provisions which contain or are modified by the measure.
Amendment 742 #
2022/0278(COD)
Proposal for a regulation
Article 19 – paragraph 4
Article 19 – paragraph 4
4. The Commission shall communicate the notified measures to the other Member States without delay and shall share them at the same time with the advisory groupsteering board.
Amendment 744 #
2022/0278(COD)
Proposal for a regulation
Article 19 – paragraph 5
Article 19 – paragraph 5
5. If the advisory groupsteering board chooses to deliver an opin recommendation on a notified measure, it shall do so within four working days from the date of receipt by the Commission of the notification concerning that measure.
Amendment 751 #
2022/0278(COD)
Proposal for a regulation
Article 19 – paragraph 8
Article 19 – paragraph 8
8. Within 10 days from the date of receipt of the notification, the Commission shall examine the compatibility of any draft or adopted measure with Union law, including Articles 16 and 17 of this Regulation as well as the principles of proportionality and non-discrimination, and may provide comments on the notified measure when there are immediately obvious and serious grounds to believe that it does not comply with Union law. Such comments shall be taken into account by the notifying Member State. In exceptional circumstances, in particular to receive scientific advice, evidence or technical expertise in the context of an evolving situation, the period of 10 days may be extended by the Commission. The Commission shall set out the reasons justifying any such extension, shall set a new deadline and shall inform the Member States about the new deadline and the reasons for the extension without delay.
Amendment 752 #
2022/0278(COD)
Proposal for a regulation
Article 19 – paragraph 10
Article 19 – paragraph 10
10. The notifying Member State shall communicate the measures it intends to adopt in order toand justifications on how it complyies with the comments delivered in accordance with paragraphs 8 and 9 to the Commission within 10 days after receiving them.
Amendment 758 #
2022/0278(COD)
Proposal for a regulation
Article 19 – paragraph 12 a (new)
Article 19 – paragraph 12 a (new)
12 a. Where there are clearly obvious and serious grounds to believe that a measure does not comply with Union law, the Commission may adopt a decision to suspend the application of any measures already adopted. Member States shall cease to enforce such measures. The Commission shall notify the Member State of the reasons for its decision. Where a Member State disagrees with the suspension, it shall immediately enter into dialogue with the Commission in order to align measures with Union law.
Amendment 763 #
2022/0278(COD)
Proposal for a regulation
Article 19 – paragraph 16
Article 19 – paragraph 16
16. The Commission shall publish the text of the measures adopted by the Member States in the context of the Single market emergency and vigilance mode that restrict free movement of goods, services and the persons, including workers, which have been communicated by means of the notifications referred to in this Article as well as via other sources. The text of the measures shall be published within one working day of its receipt by means of an electronic platform managed by the Commission. It shall also be published on the electronic platform of the Union level single point of contact under Article 22.
Amendment 766 #
2022/0278(COD)
Proposal for a regulation
Article 20 – paragraph 3 a (new)
Article 20 – paragraph 3 a (new)
3 a. The Commission shall ensure interoperability between the notification system under this regulation and the Internal Market Information System.
Amendment 775 #
2022/0278(COD)
Proposal for a regulation
Article 21 – paragraph 2 a (new)
Article 21 – paragraph 2 a (new)
2 a. Member States shall incorporate the national single points of contact into the Your Europe portal as set out in Article 2(1) of Regulation (EU) 2018/1724.
Amendment 776 #
2022/0278(COD)
Proposal for a regulation
Article 22 – paragraph 1
Article 22 – paragraph 1
1. The Commission shall set up and operate a Union level single point of contact, which shall use the structure of the Your Europe portal, as set out in Article 2(1) of Regulation (EU) 2018/1724.
Amendment 786 #
2022/0278(COD)
Proposal for a regulation
Article 23 – paragraph 1
Article 23 – paragraph 1
1. BThe Commission may adopt binding measures included in this Chapter may be adopted by the Commission by means of implementing acts in accordance with Articles 24(2), first subparagraph of Article 26 and Article 27(2) may be adopted only after a Single Market Emergency has been activated by means of a Council implementing act in accordance with Article 14 and upon a positive opinion of the steering board.
Amendment 788 #
2022/0278(COD)
Proposal for a regulation
Article 23 – paragraph 2
Article 23 – paragraph 2
2. An implementing act introducing a measure included in this Chapter shall clearly and specifically list the crisis- relevant goods and services identified in the implementing act adopted in accordance with Article 14(5) to which such measure applies. That measure shall apply only for the duration of the emergency mode.
Amendment 790 #
Amendment 794 #
2022/0278(COD)
Proposal for a regulation
Article 24 – paragraph 1
Article 24 – paragraph 1
1. Where there is a severe crisis- related shortages or an immediate threat thereof, the Commission may invite representative organisations or economic operators in crisis-relevant supply chains to transmit on a voluntary basis, within a set time limit, specific information to the Commission on the production capacities and possible existing stocks of crisis- relevant goods and components thereof in Union production facilities and third country facilities which it operates, contracts or purchases supply from, as well as information on any relevant supply chain disruptions withreasonable timeframe, specific internal market emergency relevant information to the Commission including information on any relevant supply chain disruptions within a given deadline. The Commission may only collect this information and exchange it with the steering board in order to support their decisions on implementing a given deadline.cts as referred to in Articles 26 and 27
Amendment 799 #
2022/0278(COD)
Proposal for a regulation
Article 24 – paragraph 2
Article 24 – paragraph 2
2. If the addressees do not transmit the information requested in accordance with paragraph 1 within the time-limita reasonable timeframe and do not provide a valid justification for not doing so, the Commission may, by means of an implementing act, requir recommendation, invite that they transmit the information, indicating in the implementing actternal market emergency relevant information, indicating why it is proportionate and necessary to do so, specifying the crisis-relevant goods and services and addressees concerned by the information request, and the information that is sought, providing where necessary a template with the questions that may be addressed to the economic operators.
Amendment 804 #
2022/0278(COD)
Proposal for a regulation
Article 24 – paragraph 3 – point b
Article 24 – paragraph 3 – point b
Amendment 807 #
2022/0278(COD)
Proposal for a regulation
Article 24 – paragraph 4
Article 24 – paragraph 4
4. Following the activation of the mandatory information requests to economic operators by means of an implementing act, the Commission shall address a formal decision to each of those representative organisations or economic operators in crisis-relevant supply chains that have been identified in the implementing act, requesting them to provide the information specified in the implementing act. TWhen inviting economic operators to share on a voluntary basis the internal market emergency-relevant information, the Commission shall rely, where possible, on the relevant and available contact lists of the economic operators active in the selected supply chains of crisis-relevant goods and services, compiled by the Member States. The Commission may obtain the necessary information on the relevant economic operators from the Member States.
Amendment 812 #
2022/0278(COD)
Proposal for a regulation
Article 24 – paragraph 5
Article 24 – paragraph 5
5. The Commission Drecisommendations containing individual information requests shall contain a reference to the implementing act referred to in paragraph 2 on which they are based and to the situations of severe crisis-related shortages or an immediate threat thereof which has given rise to them. Any information request shall be duly justified and proportionate in terms of the volume, nature and granularity of the data, as well as the frequency of access to the data requested, and shall be necessary for the management of the emergency or for compiling relevant official statistics. A request shall set out a reasonable time limit within which the information is to be provided. It shall take into account the effort required to collect and make the data available by the economic operator or representative organisation. The formal drecisommedation shall also contain safeguards for protection of data in accordance with Article 39 of this Regulation, safeguards for non-disclosure of sensitive business information contained in the reply in accordance with Article 25, and information on the possibility of contesting it before the Court of Justice of the European Union in line with relevant Union law and the fines provided for in Article 28 for failure to comply and the timeline for a reply.
Amendment 817 #
2022/0278(COD)
Proposal for a regulation
Article 24 – paragraph 6
Article 24 – paragraph 6
6. The owners of the economic operators or their representatives and, in the case of legal persons, companies or firms, or associations having no legal personality, the persons authorised to represent them by law or by their constitution may supply the information requested on behalf of the economic operator or the association of economic operators concerned. Each economic operator or association of economic operators shall provide the requested information on an individual basis in line with the Union rules on competition governing the exchange of information. Lawyers duly authorised to act may supply the information on behalf of their clients. The latter shall remain fully responsible if the information supplied is incomplete, incorrect or misleading.
Amendment 819 #
2022/0278(COD)
Proposal for a regulation
Article 24 – paragraph 7
Article 24 – paragraph 7
Amendment 822 #
2022/0278(COD)
Proposal for a regulation
Article 24 – paragraph 8
Article 24 – paragraph 8
Amendment 825 #
2022/0278(COD)
Proposal for a regulation
Article 25 – paragraph 1
Article 25 – paragraph 1
1. Information received from liaison offices of the Member States, the steering board, economic operators or any other source as a result of the application of this Regulation shall be used only for the purpose for which it was requested.
Amendment 827 #
2022/0278(COD)
Proposal for a regulation
Article 25 – paragraph 2
Article 25 – paragraph 2
2. Member States and the Commission shall ensure the protection of trade and business secrets and other sensitive and confidential information acquired and generated in application of this Regulation, including recommendations and measures to be taken, and any compensation due in the event of unauthorised disclosures in accordance with Union and the respective national law.
Amendment 834 #
2022/0278(COD)
Proposal for a regulation
Article 26 – paragraph 2
Article 26 – paragraph 2
Amendment 837 #
Amendment 842 #
2022/0278(COD)
Proposal for a regulation
Article 27 – paragraph 1
Article 27 – paragraph 1
1. The Commission may invite, on a voluntary basis, one or more economic operators in crisis-relevant supply chains established in the Union to accept and prioritise certain orders for the production or supply of crisis-relevant goods (‘priority rated order’).
Amendment 844 #
2022/0278(COD)
Proposal for a regulation
Article 27 – paragraph 2
Article 27 – paragraph 2
2. If an economic operator does not accept and prioritise priority rated orders, the Commission may, following a positive decision of the steering board, at its own initiative or at the request of 14 Member States, assess the necessity and proportionality of resorting to priority rated orders in such cases, the Commission shall give the economic operator concerned as well as any parties demonstrably affected by the potential priority rated order, the opportunity to state their position within a reasonable time limit set by the Commission in light of the circumstances of the case. In exceptional circumstances, following such an assessment, the Commission may following a positive decision of the steering board, address an implementing act to the economic operator concerned, requiring it to either accept and prioritise the priority rated orders specified in the implementing act or explain why it is not possible or appropriate for that operator to do so. The Commission’s decision shall be based on objective data showing that such prioritisation is indispensable to ensure the maintenance of vital societal economic activities in the Single Marketthe Single Market emergency and may only be adopted where the crisis-relevent goods cannot be procured in accordance with Articles 34, 37 and 38.
Amendment 849 #
2022/0278(COD)
Proposal for a regulation
Article 27 – paragraph 4 – subparagraph 1
Article 27 – paragraph 4 – subparagraph 1
Where the economic operator to which the decision referred to in paragraph 2 is addressed declines to accept the requirement to accept and prioritise the orders specified in the decision, it shall provide to the Commission, within 10 days from the notification of the decision, a reasoned explanation setting out duly justified reasons why it is not possible or appropriate, in light of the objectives of this provision, for it to comply with the requirement. Such reasons include the inability of the operator to perform the priority rated order on account of insufficient production capacity or a serious risk that accepting the order would entail particular hardship or economic burden for the operator, or other considerations of comparable gravityparticularly taking into account the prices and quantities specified by the Commission or other considerations of comparable gravity, including a contractual penalty for the failure to fulfil performance obligations under private or public law.
Amendment 852 #
2022/0278(COD)
Proposal for a regulation
Article 27 – paragraph 4 – subparagraph 2
Article 27 – paragraph 4 – subparagraph 2
Amendment 854 #
2022/0278(COD)
Proposal for a regulation
Article 27 – paragraph 6
Article 27 – paragraph 6
6. The Commission shall take the decision to invite one or more economic operators to accept and prioritise certain orders as referred to in paragraph 21 in accordance with applicable Union law, including the principles of necessity and proportionality, and the Union’s and the economic operator's obligations under international law. The decision shall in particular take into account the legitimate interests of the economic operator concerned and any available information concerning the cost and effort required for any change in production sequence. It shall state the legal basis for its adoption, fix the time limits within which the priority rated order is to be performed and, where applicable, specify the product, the price and quantity. It shall state the fines provided for in Article 28 for failure to comply with the decision. The priority rated order shall be placed at a fair and reasonable priceThe priority rated order shall be placed at market price and including compensation for any other costs due to the prioritisation or deprioritisation of other orders, including contractual penalties.
Amendment 858 #
2022/0278(COD)
Proposal for a regulation
Article 28
Article 28
Amendment 862 #
2022/0278(COD)
Proposal for a regulation
Article 28 – title
Article 28 – title
Fines to operators for failure to comply with the obligation to reply to mandatory information requests or to comply with priority rated orders
Amendment 864 #
2022/0278(COD)
Proposal for a regulation
Article 28 – paragraph 1 – point a
Article 28 – paragraph 1 – point a
Amendment 868 #
2022/0278(COD)
Proposal for a regulation
Article 28 – paragraph 2
Article 28 – paragraph 2
2. Fines imposed in the cases referred to in paragraph 1 (a) and (b)(b) shall not exceed 200 000 EUR. The maximum fine imposed in the cases referred to in paragraph 1(b) for economic operators that are SMEs as defined in Recommendation 2003/361/EC shall not exceed 2005 000 EUR.
Amendment 870 #
2022/0278(COD)
Proposal for a regulation
Article 28 – paragraph 3
Article 28 – paragraph 3
3. Fines imposed in the cases referred to in paragraph 1 (c) shall not exceed 0.5 % of the average daily turnover in the preceding business year for each working day of non-compliance with the obligation pursuant to Article 27 (priority rated orders) calculated from the date established in the decision not exceeding 0.5 % of total turnover in the preceding business year. The maximum fine imposed in the cases referred to in paragraph 1(c) for economic operators that are SMEs as defined in Recommendation 2003/361/EC shall not exceed 0.1 % of the average daily turnover in the preceding business year for each working day of non- compliance with the obligation pursuant to Article 27 (priority rated orders) calculated from the date established in the decision but not exceeding 0.1% of total turnover in the preceding business year.
Amendment 874 #
2022/0278(COD)
Proposal for a regulation
Article 29
Article 29
Amendment 878 #
2022/0278(COD)
Proposal for a regulation
Article 29 – paragraph 1 – point a
Article 29 – paragraph 1 – point a
Amendment 880 #
2022/0278(COD)
Proposal for a regulation
Article 30
Article 30
Amendment 884 #
2022/0278(COD)
Proposal for a regulation
Article 31
Article 31
Amendment 889 #
2022/0278(COD)
Proposal for a regulation
Article 32
Article 32
Amendment 892 #
2022/0278(COD)
Proposal for a regulation
Article 32 – paragraph 1
Article 32 – paragraph 1
Where the strategic reserves constituted by the Member States in accordance with Article 12 prove to be insufficient to meet the needs related to the Single Market emergency, the Commission, duly taking into consideration the opinion provided by the advisory groupsteering board, may recommend to the Member States to distribute the strategic reserves in a targeted way, where possible, having regard to the need not to further aggravate disruptions on the Single Market, including in geographical areas particularly affected by such disruptions and in accordance with the principles of necessity, proportionality and solidarity and establishing the most efficient use of reserves with a view to ending the Single Market emergency.
Amendment 894 #
2022/0278(COD)
Proposal for a regulation
Article 33
Article 33
Amendment 908 #
2022/0278(COD)
Proposal for a regulation
Part V – Chapter I – title
Part V – Chapter I – title
Amendment 910 #
2022/0278(COD)
Proposal for a regulation
Article 34 – paragraph 1
Article 34 – paragraph 1
1. Two or more Member States may request that the Commission launch a procurement on behalf of the Member States that wish to be represented by the Commission (ʽparticipating Member Statesʼ), for the purchasing of goods and services of strategic importance listed in an implementing act adopted pursuant to Article 9(1) or crisis- relevant goods and services listed in an implementing act adopted pursuant to Article 14(5).
Amendment 912 #
2022/0278(COD)
Proposal for a regulation
Article 34 – paragraph 2
Article 34 – paragraph 2
2. The Commission shall assess the utility, necessity and proportionality of the request. If the Commission decides to launch a procurement on behalf of the Member Strates, it shall inform the steering board and the Member States concerned its intention to carry out such procurement. Where the Commission intends not to follow the request, it shall inform the Member States concerned and the advisory group referred to in Article 4 and give reasons for its refusal. The Commission shall launch a call for other Member States to participate in the request.
Amendment 917 #
2022/0278(COD)
Proposal for a regulation
Article 34 – paragraph 3 a (new)
Article 34 – paragraph 3 a (new)
3 a. If the Commission is unable to award the contract to a suitable economic operator, the Commission shall immediately inform the Member States. Member States shall have a right to initiate their own procurement processes without delay.
Amendment 920 #
2022/0278(COD)
Proposal for a regulation
Article 35 – paragraph 1
Article 35 – paragraph 1
1. The agreement [referred to in Article 34(3) shall establish a negotiating mandate for the Commission to act as a central purchasing body for relevant goods and services of strategic importance or crisis-relevant goods and services on behalf of the participating Member States through the conclusion of new contracts.
Amendment 921 #
2022/0278(COD)
Proposal for a regulation
Article 35 – paragraph 2
Article 35 – paragraph 2
2. In accordance with the agreement, the Commission may be entitled, on behalf of the participating Member States, to enter into contracts with economic operators, including individual producers of goods and services of strategic importance or crisis- relevant goods and services, concerning the purchase of such goods or services.
Amendment 923 #
2022/0278(COD)
Proposal for a regulation
Article 35 – paragraph 3
Article 35 – paragraph 3
Amendment 927 #
2022/0278(COD)
Proposal for a regulation
Article 35 – paragraph 4
Article 35 – paragraph 4
4. The Commission shall carry out the procurement procedures and conclude the resulting contracts with economic operators on behalf of the participating Member States. All participating Member States shall be involved in the procurement process. To that effect, the Commission shall invite participating Member States to nominate representatives to take part in the preparation of the procurement processes as well as the negotations of the purchasing agreements. Representatives of participating Member States shall have the status of experts in the procurement process, in accordance with Regulation (EU, Euratom) 2018/1046.
Amendment 931 #
2022/0278(COD)
Proposal for a regulation
Part V – Chapter II – title
Part V – Chapter II – title
Amendment 932 #
2022/0278(COD)
Proposal for a regulation
Part V – Chapter III – title
Part V – Chapter III – title
Amendment 940 #
2022/0278(COD)
Proposal for a regulation
Article 39 – paragraph 1
Article 39 – paragraph 1
Where the Single Market emergency mode has been activated pursuant to Article 164 and procurement by the Commission on behalf of Member States has been launched in accordance with Articles 34 to 36, the contracting authorities of the participating Member States shall not procure goods or services covered by such procurement by other means. , except where otherwise provided for in Article 34(3a). Or. en (see Amendment to Article 34)
Amendment 948 #
2022/0278(COD)
Proposal for a regulation
Article 41 – paragraph 1
Article 41 – paragraph 1
The Commission and the Member States may set up interoperable digital tools or IT infrastructures supporting the objectives of this Regulation. Such tools or infrastructures may be developed outside the duration of the Single Market Emergency. The Commission shall primarily make use of already existing IT tools.
Amendment 956 #
2022/0278(COD)
Proposal for a regulation
Article 44 – paragraph 1
Article 44 – paragraph 1
1. By [OP: please insert date = five years from the entry into force of this Regulation] and every five years thereafter, and after every deactivation of the emergency mode, the Commission shall present a report to the European Parliament and the Council on the functioning of the contingency planning, vigilance and Single Market emergency response system suggesting any improvements if necessary, accompanied, where appropriate, by relevant legislative proposals.
Amendment 49 #
2022/0219(COD)
Proposal for a regulation
Recital 2
Recital 2
(2) The unjustified invasion of Ukraine by the Russian Federation on 24 February 2022 and the ongoing armed conflict in Ukraine has made it clear that it is critical to act nowurgently to address the existing shortfalls It has led to the return of high- intensity warfare and territorial conflict in Europe,. It requiringes a significant increase in the capacity of Member States to fill the most urgent and critical gaps, especially those exacerbated by the transfer of defence products to Ukraine, in particular in the Member States in its close neighbourhood.
Amendment 52 #
2022/0219(COD)
Proposal for a regulation
Recital 2 a (new)
Recital 2 a (new)
(2a) The Russian invasion of Ukraine is a wake-up call for the European Union, which still has Soviet-era military equipment, barely functioning or no longer relevant in the context of technological developments. The defence budget has been neglected critically in many Member States, while both our partners and other third countries have invested massively in modernizing their military capabilities. Ramping up our military R&D, our defence industry, and our military capabilities would make the EU a relevant global player, which is both adequate and necessary for the current geopolitical landscape.
Amendment 61 #
2022/0219(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) A dedicated short-term instrument, designed in a spirit of solidarity, was indicated as a tool to incentivise Member States, on a voluntary basis, to pursue common procurement to fill the most urgent and critical gaps, especially those created by the response to the current Russia’s aggression, in a collaborative way.
Amendment 90 #
2022/0219(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) Common investment and defence procurement should in particular be incentivised, as such collaborative actions would ensure that the necessary changes in the EU industrial base takes place in a collaborative manner, avoiding further fragmentation of the industry, and increasing interoperability.
Amendment 92 #
2022/0219(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) To that end a Short Term Instrument for increasing the collaboration of the Member States in the defence procurement phase (the ‘Instrument’) should be established. It will incentivise Member States to pursue collaborative actions and in particular, when they procure in order to fill these gaps, to do so jointly, increasing the level of interoperability and strengthening and reforming their defence industrial capabilities. The Instrument should be seen as an emergency mechanism necessary to deal with the current emergency situation, and its structure and eligibility conditions should be without prejudice to the upcoming European Defence Investment Programme (EDIP).
Amendment 95 #
2022/0219(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) The Short Term Instrument should offset the complexity and risks associated with such joint actions while allowing economies of scale in the actions undertaken by Member States to reinforce and modernise the European Technological and Industrial Base, increasing thereby the Union’s capacity resilience and security of supply. Incentivizing common procurement would also result into diminished costs in terms of exploitation, maintenance and withdrawal of the systems. The instrument should be accompanied by efforts to preserve a level playing field for suppliers from all Member States and to create incentives for the expansion of the EDTIB to more Member States.
Amendment 101 #
2022/0219(COD)
Proposal for a regulation
Recital 13 a (new)
Recital 13 a (new)
(13a) This instrument should be used as a jumpstart to replace old soviet-era military equipment and to stimulate investment in cutting edge technology in defence through support for joint R&D.
Amendment 102 #
2022/0219(COD)
Proposal for a regulation
Recital 13 b (new)
Recital 13 b (new)
(13b) This instrument should be effective, seamless, and de- bureaucratised, in order to encourage SME participation, to stimulate innovation in defence products, and to open up the defence market to new European companies from across the EU.
Amendment 115 #
2022/0219(COD)
Proposal for a regulation
Recital 15 a (new)
Recital 15 a (new)
(15a) Member States participating in the common procurement of defence products under this Instrument should have a right to invite Ukraine and Moldova to participate in the action. To do this they should authorise a procurement agent to enter into an agreement for procuring additional quantities of the defence product with these countries. Such an agreement would benefit the EDTIB as these countries' participation would provide for a better economy of scale and scope, higher demand and interoperability at the technical level, common training, cross-servicing and maintenance which would provide a foundation for the later inclusion of their defence industries in the EDTIB. It would also strengthen the two countries' defence capabilities in light of Russia's aggression and threat. The possibility to participate on the invitation of the Member States in the procurement agreement should be open to Georgia as soon as the European Council grants it the status of candidate country once the priorities specified in the Commission’s opinion on Georgia’s membership application have been addressed.
Amendment 154 #
2022/0219(COD)
Proposal for a regulation
Recital 23
Recital 23
(23) In accordance with Article 193(2) of the Financial Regulation, a grant may be awarded for an action which has already begun, provided that the applicant can demonstrate the need for starting the action prior to signature of the grant agreement. However, financial contribution should not cover a period prior to the date of submission of the grant application, except in duly justified exceptional cases, such as equipment replacement sent to Ukraine. In order to avoid any disruption in Union support which could be prejudicial to the interests of the Union, it should be possible to provide in the financing decision for financial contributions to actions that cover a period from the 24 February 2022, even if they have started before the grant application was submitted.
Amendment 179 #
2022/0219(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point a
Article 3 – paragraph 1 – point a
(a) to foster the competitiveness and efficiency of the European Defence Technological and Industrial Base (EDTIB), including SMEs and mid- capitalisation companies (mid-caps) for a more resilient Union, in particular by speeding up, in a collaborative manner, the adjustment of industry to structural and technological changes, including ramp-up of its manufacturing capacities and increase in the resilience of its supply chains;
Amendment 187 #
2022/0219(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point b
Article 3 – paragraph 1 – point b
(b) to foster cooperation in defence procurement process between participating Member States contributing to solidarity, interoperability, prevention of crowding- out effects, avoiding fragmentation and, increasing the effectiveness of public spending, and encouraging the harmonisation of defence procurement legislation across Member States.
Amendment 192 #
2022/0219(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point b – point i (new)
Article 3 – paragraph 1 – point b – point i (new)
i) to stimulate the uptake of new technologies in the EDTIB and to support the development of a defence technological and industrial base in more Union Member States.
Amendment 205 #
2022/0219(COD)
Proposal for a regulation
Article 3 – paragraph 2
Article 3 – paragraph 2
2. The objectives shall be pursued with an emphasis on strengthening and, developing, modernising, and expanding the Union defence industrial base to allow it to address in particular the most urgent and critical defence products needs, especially those revealed or exacerbated by the response to the Russian aggression against Ukraine, taking into account the work of the Defence Joint Procurement Task Force.
Amendment 211 #
2022/0219(COD)
Proposal for a regulation
Article 4 – paragraph 1 – indent 1 (new)
Article 4 – paragraph 1 – indent 1 (new)
Amendment 220 #
2022/0219(COD)
Proposal for a regulation
Article 5 – paragraph 1 a (new)
Article 5 – paragraph 1 a (new)
The agreement between the participating Member States and the procurement agent referred to in Article 8(2) of this Regulation may authorise the procurement agent to invite and enter into an agreement for procuring additional quantities of the defence product subject to the common procurement with those third countries such as Ukraine and Moldova, which are candidates for accession to the European Union and whose territory is in immediate proximity or affected by the war on Ukrainian territory and whose territory is occupied by forces supported by the Russian Federation. Such additional procurement arrangements shall be without prejudice to the applicable provisions of Union law and any relevant international obligations of the participating Member States.
Amendment 227 #
2022/0219(COD)
Proposal for a regulation
Article 6 – paragraph 3
Article 6 – paragraph 3
3. Where necessary for the implementation of an action, financial contributions may cover a period prior to the date of the request for financial contributions for that action, provided that the action has not started prior to the 24 February 2022 and have not been completed before the signature of the grant agreement.
Amendment 52 #
2022/0095(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 23
Article 2 – paragraph 1 – point 23
(23) ‘environmental footprint’ means a quantification of a product’s environmental impacts, whether in relation to a single environmental impact category or an aggregated set of impact categories based on the Product Environmental Footprint method or other scientifically validated and verifiable lifecycle based standards;
Amendment 66 #
2022/0095(COD)
Proposal for a regulation
Article 4 – paragraph 3 – point d
Article 4 – paragraph 3 – point d
(d) subject to adequate protection of confidential and sensitive information, requiring manufacturers, their authorised representatives or importers to collect, anonymise, or report to the Commission the in-use data referred to in point (c), in accordance with Article 31(3);
Amendment 68 #
2022/0095(COD)
Proposal for a regulation
Article 4 – paragraph 3 a (new)
Article 4 – paragraph 3 a (new)
Amendment 80 #
2022/0095(COD)
Proposal for a regulation
Article 5 – paragraph 2 – subparagraph 3
Article 5 – paragraph 2 – subparagraph 3
A horizontal ecodesign requirement established pursuant to the second subparagraph shall not cover products falling in scope of a mandatory vertical ecodesign measure, but may cover products falling in the scope of a self- regulation measure established as a valid alternative pursuant to Article 18(3), where the Commission considers that that self- regulation measure does not address the product aspect covered by that horizontal ecodesign requirement.
Amendment 86 #
2022/0095(COD)
Proposal for a regulation
Article 5 – paragraph 4 – point a – point ii
Article 5 – paragraph 4 – point a – point ii
(ii) relevant Union legislation, including the extent to which it addresses the relevant product aspects listed in paragraph 1; , to ensure harmonisation and assure the avoidance of double regulation or overregulation;
Amendment 93 #
2022/0095(COD)
Proposal for a regulation
Article 5 – paragraph 5 – point d
Article 5 – paragraph 5 – point d
(d) there shall be no disproportionate negative impact on the competitiveness of economic actors, at leastin particular of SMEs;
Amendment 101 #
2022/0095(COD)
Proposal for a regulation
Article 5 – paragraph 5 – point f a (new)
Article 5 – paragraph 5 – point f a (new)
(f a) there shall be evidence that the requirements will deliver the intended environmental benefits;
Amendment 103 #
2022/0095(COD)
Proposal for a regulation
Article 5 – paragraph 5 – point f b (new)
Article 5 – paragraph 5 – point f b (new)
(f b) they shall be technically feasible in accordance with commercially available technologies.
Amendment 105 #
2022/0095(COD)
Proposal for a regulation
Article 5 – paragraph 6 – introductory part
Article 5 – paragraph 6 – introductory part
6. The Commission shall, where appropriate, require supply chain actors to:
Amendment 106 #
2022/0095(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) This Regulation will contribute to making products fit for a climate-neutral, resource-efficient and circular economy, reducing waste and ensuring that the performance of frontrunners in sustainability progressively becomes the norm. It should provide for the setting of new ecodesign requirements to tackle products’ premature obsolescence, through improveing product durability, reusability, upgradability and reparability, improveing possibilities for refurbishment and maintenance, addressing the presence of hazardous chemicals in products, increaseing their energy and resource efficiency, reduceing their expected generation of waste materials and increaseing recycled content in products, while ensuring their performance and safety, enabling remanufacturing and high- quality recycling and reducing carbon and environmental footprints.
Amendment 107 #
2022/0095(COD)
Proposal for a regulation
Article 5 – paragraph 6 – point a
Article 5 – paragraph 6 – point a
(a) provide, upon request, from manufacturers, notified bodies andor competent national authorities with available information related to their supplies or services that is relevant in order to verify compliance with ecodesign requirements;
Amendment 108 #
2022/0095(COD)
Proposal for a regulation
Article 5 – paragraph 6 – point b
Article 5 – paragraph 6 – point b
(b) allow, in the absence of information referred to in point (a) and in line with intellectual property considerations, manufacturers to assess their supplies or services in order to verify compliance with ecodesign requirements and give access to relevant documents or facilities to those manufacturers;
Amendment 116 #
2022/0095(COD)
Proposal for a regulation
Article 7 – paragraph 6 – subparagraph 3
Article 7 – paragraph 6 – subparagraph 3
Priority should be given to providing the information via electronic means. Information ensuring the traceability of substances pursuant to paragraph 5 shall be given either on the product or be accessible through a data carrier included on the product (Digital Product Passport) and, where possible, given on the product.
Amendment 117 #
2022/0095(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) In order to improve the environmental sustainability of products and to ensure the free movement of products in the internal market, the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission to supplement this Regulation by setting out ecodesign requirements. Those ecodesign requirements should in principle apply to specific product groups, such as washing machines or washing machines and washer dryers. In order to maximise the effectiveness of ecodesign requirements and to efficiently improve environmental sustainability of products, it should also be possible to set out one or more horizontal ecodesign requirements for a wider range of products groups, such as electronic appliances or textiles. Horizontal ecodesign requirements should be established where the technical similarities of product groups allow their environmental sustainability to be improved based on the same requirements. These requirements should take into account potential environmental benefits stemming from using of one common charger for several products. Therefore, product groups with technical similarities, i.e. gardening tools and power drills or products protected against moisture and water ingress, should be required to be equipped with common chargers.
Amendment 118 #
2022/0095(COD)
Proposal for a regulation
Article 7 – paragraph 7 a (new)
Article 7 – paragraph 7 a (new)
7 a. Any supplier of an article, a substance or a mixture shall provide the recipient of that article, substance of mixture with sufficient information, free of charge, to allow the manufacturers to comply with information requirements related to the product aspects listed in Article 5(1).
Amendment 125 #
2022/0095(COD)
Proposal for a regulation
Recital 23
Recital 23
(23) To improve environmental sustainability of products, information requirements should relate to a selected product parameter relevant to the product aspect, such as the product’s environmental footprint or its durability. They may require manufacturer to make available information on the product’s performance in relation to a selected product parameter or other information that may influence the way the product is handled by parties other than the manufacturer in order to improve performance in relation to such a parameter. Such information requirements should be set either in addition to, or in place of, performance requirements on the same product parameter as appropriate. Where a delegated act includes information requirements, it should indicate the method for making the required information available, such as its inclusion on a free- access website, product passport or product label. Information that is essential for consumer’s health and safety shall always be provided in physical form on the label. Information requirements are necessary to lead to the behavioural change needed to ensure that the environmental sustainability objectives of this Regulation are achieved. By providing a solid basis for purchasers and public authorities to compare products on the basis of their environmental sustainability, information requirements are expected to drive consumers and public authorities towards more sustainable choices. In the same vain, and in line with a paperless and sustainable approach, the instructions and safety information should be available on a free-access website or product passport, instead of being printed and included in the product.
Amendment 127 #
2022/0095(COD)
Proposal for a regulation
Article 12 – paragraph 1 – subparagraph 1
Article 12 – paragraph 1 – subparagraph 1
The Commission shall set up and maintain a registry storing information included in the product passports required by delegated acts adopted pursuant toa list of the data carriers and unique product identifiers referred to in Article 49(1).
Amendment 128 #
2022/0095(COD)
Proposal for a regulation
Article 12 – paragraph 1 – subparagraph 2
Article 12 – paragraph 1 – subparagraph 2
Amendment 129 #
2022/0095(COD)
Proposal for a regulation
Article 12 – paragraph 2 – introductory part
Article 12 – paragraph 2 – introductory part
2. The Commission shall, in the delegated acts adopted pursuant to Article 4, specify the information which, in addition to being included in the product passport, shallInformation required to be stored in the registry referred to in paragraph 1, taking into account at least shall be justified for the following criteriareasons:
Amendment 143 #
2022/0095(COD)
Proposal for a regulation
Recital 41
Recital 41
(41) Consumers should be protected from misleading information that could hamper their choices for more sustainable products. For this reasons it should be prohibited to place on the market products bearing a label mimicking the labels provided for in this Regulation. On the other hand, displaying additional labels, such as EU Ecolabel or other existing type 1 - ecolabels, should not be seen as misleading.
Amendment 150 #
2022/0095(COD)
Proposal for a regulation
Article 19 – paragraph 1
Article 19 – paragraph 1
1. In the context of programmes from which SMEs can benefit, the Commission shall take into accountoffer initiatives which help SMEs to integrate environmental sustainability aspects including energy efficiency in their value chain.
Amendment 180 #
2022/0095(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 37
Article 2 – paragraph 1 – point 37
(37) ‘unsold consumer product’ means any consumer product that has not been sold or unused consumer product that has been returned by a consumer in view of their right of withdrawal in accordance with Article 9 of Directive (EU) 2011/83/EU;
Amendment 192 #
2022/0095(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 59
Article 2 – paragraph 1 – point 59
(59) ‘product presenting a serious risk’ means a product presenting a risk for which, based on an assessment, the degree of the relevant non-compliance or the associated harm is considered to require rapid intervention by the market surveillance authorities, including cases where the effects of the non-compliance are not immediate.as identified by the Regulation ON GENERAL PRODUCT SAFETY
Amendment 209 #
2022/0095(COD)
Proposal for a regulation
Article 4 – paragraph 2
Article 4 – paragraph 2
When establishing ecodesign requirements in delegated acts referred to in the first subparagraph, the Commission shall also supplement this Regulation by specifying the applicable conformity assessment procedures from among the modules set out in Annex IV to this Regulation and Annex II to Decision No 768/2008/EC, with the adaptations necessary in view of the product or ecodesign requirements concerned, in accordance with Article 36. The economic operators shall be provided with sufficient time to prepare for the implementation of new requirements.
Amendment 241 #
2022/0095(COD)
Proposal for a regulation
Article 5 – paragraph 4 – point a – point ii
Article 5 – paragraph 4 – point a – point ii
(ii) relevant Union legislation, including the extent to which it addresses the relevant product aspects listed in paragraph 1, to ensure harmonisation and assure the avoidance of double regulation or overregulation;
Amendment 252 #
2022/0095(COD)
Proposal for a regulation
Article 5 – paragraph 5 – point a
Article 5 – paragraph 5 – point a
(a) there shall be no significant negative impact on the functionality and safety of the product, from the perspective of the user;
Amendment 253 #
2022/0095(COD)
Proposal for a regulation
Article 5 – paragraph 5 – point a
Article 5 – paragraph 5 – point a
(a) there shall be no significant negative impact on the functionality or safety of the product, from the perspective of the user;
Amendment 302 #
2022/0095(COD)
Proposal for a regulation
Article 8 – paragraph 3 – point c
Article 8 – paragraph 3 – point c
(c) (d new) improve traceability of products along the value chain. without compromising data security of economical actors. To protect confidential business information and comply with requirement (b) of paragraph 3, actors in the value chains should make a specific request to the manufacturer when the information cannot be shared publicly, and the information needs to be shared in a secure way.
Amendment 306 #
2022/0095(COD)
Proposal for a regulation
Article 8 – paragraph 3 – point c a (new)
Article 8 – paragraph 3 – point c a (new)
(c a) (a new) be justified to significantly improve the environmental sustainability of products and to ensure free movement in the internal market;
Amendment 322 #
2022/0095(COD)
Proposal for a regulation
Article 9 – paragraph 1 – subparagraph 1 – point f a (new)
Article 9 – paragraph 1 – subparagraph 1 – point f a (new)
(f a) (g new) where relevant, it shall rely on existing databases, including Substances of Concern In articles as such or in complex objects (Products) and the European Product Registry for Energy Labelling and established industry solutions.
Amendment 333 #
2022/0095(COD)
Proposal for a regulation
Article 12 – paragraph 1 – subparagraph 1
Article 12 – paragraph 1 – subparagraph 1
The Commission shall set up and maintain a registry storing information included in the product passports required by delegated acts adopted pursuant toa list of the data carriers and unique product identifiers referred to in Article 49(1).
Amendment 334 #
2022/0095(COD)
Proposal for a regulation
Article 12 – paragraph 1 – subparagraph 2
Article 12 – paragraph 1 – subparagraph 2
Amendment 335 #
2022/0095(COD)
Proposal for a regulation
Article 12 – paragraph 2 – introductory part
Article 12 – paragraph 2 – introductory part
2. The Commission shall, in the delegated acts adopted pursuant to Article 4, specify the information which, in addition to being included in the product passport, shallInformation required to be stored in the registry referred to in paragraph 1, taking into account at leastshall be justified for the following criteriareasons:
Amendment 346 #
2022/0095(COD)
Proposal for a regulation
Article 20 – paragraph 3 – subparagraph 2 – point a
Article 20 – paragraph 3 – subparagraph 2 – point a
(a) health and safety concerns, including of counterfeit goods;
Amendment 359 #
2022/0095(COD)
Proposal for a regulation
Article 21 – paragraph 7
Article 21 – paragraph 7
7. Manufacturers shall ensure that that a product covered by a delegated act adopted pursuant to Article 4 is accompanied by instructions in the digital format that enable consumers and other end-users to safely assemble, install, operate, store, maintain, repair and dispose of the product in a language that can be easily understood by consumers and other end-users, as determined by the Member State concerned. Such instructions shall be clear, understandable and legible and include at least the information specified in the delegated acts adopted pursuant to Article 4 and pursuant to Article 7(2)(b), point (ii).
Amendment 361 #
2022/0095(COD)
Proposal for a regulation
Article 21 – paragraph 7 a (new)
Article 21 – paragraph 7 a (new)
7 a. When providing the instructions, referred to in paragraph 7, the manufacturer shall: a) present them in a format that makes it possible to download them and save on an electronic device so that he or she can access them at all times. b) make them accessible online for at least 10 years after placing the product on the market .
Amendment 362 #
2022/0095(COD)
Proposal for a regulation
Article 21 – paragraph 7 b (new)
Article 21 – paragraph 7 b (new)
7 b. Upon request of the consumer or other end user at the time of the purchase or up to 6 months after that purchase, the manufacturer shall provide the instructions in paper format free of charge.
Amendment 370 #
2022/0095(COD)
Proposal for a regulation
Article 23 – paragraph 4
Article 23 – paragraph 4
4. Importers shall ensure that the product is accompanied by instructions in the digital format that enable the consumer to assemble, install, operate, store, maintain, repair and dispose of the product, in a language that can be easily understood by consumers and other end users, as determined by the Member State concerned. Such instructions shall be clear, understandable and legible and shall include at least the information specified in the delegated acts adopted pursuant to Article 4. The obligations set in Article 21(7a) and (7b) shall apply mutatis mutandis.
Amendment 377 #
2022/0095(COD)
Proposal for a regulation
Article 24 – paragraph 2 – point b
Article 24 – paragraph 2 – point b
(b) the product is accompanied by the required documents and by instructions in the digital format, to enable the consumer to assemble, install, operate, store, maintain, and dispose of the product, in a language that can be easily understood by consumers and other end- users, as determined by the Member State in which the product is to be made available on the market, and that such instructions are clear, understandable and legible and include at least the information set out in Article 7(2), point (b), point (ii), as laid down in the delegated act adopted pursuant to Article 4; The obligations set in Article 21(7a) and (7b) shall apply mutatis mutandis.
Amendment 388 #
2022/0095(COD)
Proposal for a regulation
Article 26 – paragraph 4 – point b
Article 26 – paragraph 4 – point b
(b) not provide or display other labels, marks, symbols or inscriptions that are likely to mislead or confuse customers with respect to the information included on the label. These restrictions do not comprise the EU Ecolabel and other type 1- ecolabels established in the Member States as long they fulfill the criteria from the Substantiating environmental claims (green claims) Directive (EU) 2022/xxxx.
Amendment 427 #
2022/0095(COD)
Proposal for a regulation
Article 30 – paragraph 3 – subparagraph 1 – introductory part
Article 30 – paragraph 3 – subparagraph 1 – introductory part
When requiring, upon a reasoned request from a national authority, manufacturers, their authorised representatives or importers to make parts of the technical documentation related to the relevant product digitally available pursuant to Article 4, third subparagraph, point (a), the Commission shall take into account the following criteria:
Amendment 435 #
2022/0095(COD)
Proposal for a regulation
Article 32 – paragraph 1
Article 32 – paragraph 1
1. For the purposes of compliance and verification of compliance with ecodesign requirements, tests, measurements and calculations shall be made using actionable, reliable, accurate and, reproducible and standardised methods that take into account the generally recognised state-of- the art methods. Such methods shall fulfil the test, measurement and calculation requirements set out in the relevant delegated acts adopted pursuant to Article 4.
Amendment 443 #
2022/0095(COD)
Proposal for a regulation
Article 35 – paragraph 1 – subparagraph 1 – introductory part
Article 35 – paragraph 1 – subparagraph 1 – introductory part
The Commission may, where there is agreement with the standardization organisations that is appropriate, adopt implementing acts laying down common specifications for ecodesign requirements, the essential requirements for product passports referred to in Article10 or for test, measurement or calculation methods referred to in Article 32, in the following situations:
Amendment 40 #
2022/0084(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point s
Article 3 – paragraph 1 – point s
(s) ‘zero trust’ means a security model, a set of system design principles, and a coordinated cybersecurity and system management strategy based on an acknowledgement of the existence of threats inside and outside traditional network boundaries; and 'never trust, always verify' concept.
Amendment 52 #
2022/0084(COD)
Proposal for a regulation
Article 10 – paragraph 1 – point c a (new)
Article 10 – paragraph 1 – point c a (new)
(c a) strengthening cooperation and coordination with Cybersecurity Centre for the Union institutions and bodies (CERT-EU)
Amendment 54 #
2022/0084(COD)
Proposal for a regulation
Article 11 – paragraph 5 – point d
Article 11 – paragraph 5 – point d
(d) information security incidents shall be formally recorded and followed uphandled, in accordance with Regulation EU [XXX] laying down measures for a high common level of cybersecurity at the institutions, bodies, offices and agencies of the Union.
Amendment 116 #
2022/0047(COD)
Proposal for a regulation
Recital 21
Recital 21
(21) Products may be designed to make certain data directly available from an on- device data storage or from a remote server to which the data are communicated. Access to the on-device data storage may be enabled via cable-based or wireless local area networks connected to a publicly available electronic communications service or a mobile network. The server may be the manufacturer’s own local server capacity or that of a third party or a cloud service provider who functions as data holder. Data processors as defined in Regulation (EU) 2016/679 are by default not considered to act as data holders, unless specifically tasked by the data controller. They may be designed to permit the user or a third party to process the data on the product or on a computing instance of the manufacturer.
Amendment 170 #
2022/0047(COD)
Proposal for a regulation
Recital 57
Recital 57
(57) In case of public emergencies, such as public health emergencies, emergencies resulting from environmental degradation and major natural disasters including those aggravated by climate change, as well as human-induced major disasters, such as major cybersecurity incidents, the public interest resulting from the use of the data will outweigh the interests of the data holders to dispose freely of the data they hold. In such a case, data holders should be placed under an obligation to make the data available to public sector bodies or to Union institutions, agencies or bodies upon their request. The existence of a public emergency is determined according to the respective procedures in the Member States or of relevant international organisations. In the case of major cybersecurity incidents, this should not result in the duplication of requirements for firms such as those under Regulation XXXX/XXXX on Digital Operational Resilience for the financial sector and the Directive XXXX/XXXX on measures for a high common level of cybersecurity across the union, repealing Directive (EU) 2016/1148.
Amendment 174 #
2022/0047(COD)
Proposal for a regulation
Recital 69
Recital 69
(69) The ability for customers of data processing services, including cloud and edge services, to switch from one data processing servicecloud service provider to another, while maintaining a minimum functionality of service, is a key condition for a more competitive market with lower entry barriers for new service providers. Facilitating a multi-cloud approach for customers of cloud services also contributes to increase their digital operational resilience, as recognised for financial service institutions in the Digital Operational Resilience Act (DORA).
Amendment 178 #
2022/0047(COD)
Proposal for a regulation
Recital 69 a (new)
Recital 69 a (new)
(69a) Unnecessarily high data egress fees, or data transfer costs have the potential to restrict competition and cause lock-in effects for the customers of data processing services, by reducing incentives to choose a different or additional service provider. Therefore, the gradual withdrawal of the charges associated with switching data processing services shall specifically include withdrawing any “egress fees” charged by the data processing service to a customer.
Amendment 181 #
2022/0047(COD)
Proposal for a regulation
Recital 71
Recital 71
(71) Data processCloud computing services should cover services that allow on-demand and broad remote access to a scalable and elastic pool of shareable and distributed computing resources. Those computing resources include resources such as networks, servers or other virtual or physical infrastructure, operating systems, software, including software development tools, storage, applications and services. The deployment models of cloud computing should include private, community, public and hybrid cloud. The aforementioned service and deployment models have the same meaning as the terms of service and deployment models defined under ISO/IEC 17788:2014 standard. The capability of the customer of the data processing service to unilaterally self- provision computing capabilities, such as server time or network storage, without any human interaction by the service provider of cloud computing services could be described as on-demand administration. The term ‘broad remote access’ is used to describe that the computing capabilities are provided over the network and accessed through mechanisms promoting the use of heterogeneous thin or thick client platforms (from web browsers to mobile devices and workstations). The term ‘scalable’ refers to computing resources that are flexibly allocated by the data processprovider of cloud computing service providers, irrespective of the geographical location of the resources, in order to handle fluctuations in demand. The term ‘elastic pool’ is used to describe those computing resources that are provisioned and released according to demand in order to rapidly increase or decrease resources available depending on workload. The term ‘shareable’ is used to describe those computing resources that are provided to multiple users who share a common access to the service, but where the processing is carried out separately for each user, although the service is provided from the same electronic equipment. The term ‘distributed’ is used to describe those computing resources that are located on different networked computers or devices and which communicate and coordinate among themselves by message passing. The term ‘highly distributed’ is used to describe data processing services that involve data processing closer to where data are being generated or collected, for instance in a connected data processing device. Edge computing, which is a form of such highly distributed data processing, is expected to generate new business models and cloud service delivery models, which should be open and interoperable from the outset.
Amendment 184 #
2022/0047(COD)
Proposal for a regulation
Recital 72
Recital 72
(72) This Regulation aims to facilitate switching between data processing services, which encompasses all conditions and actions that are necessary for a customer to terminate a contractual agreement of a data processing service, to conclude one or multiple new contracts with different providers of data processing services, to port all its digital assets, including data, to the concerned other providers and to continue to use them in the new environment while benefitting from functional equivalence. It should be noted that the data processing services in scope are those where data processing, as defined under the Regulation, forms part of the core-business of a provider. Digital assets refer to elements in digital format for which the customer has the right of use, including data, applications, virtual machines and other manifestations of virtualisation technologies, such as containers. Functional equivalence means the maintenance of a minimum level of functionality of a service after switching, and should be deemed technically feasible whenever both the originating and the desSwitching is an operation consisting in three main successive steps: i) data extraction, i.e downloading data from a originating provider’s ecosystem; ii) transformation, when the data is structured in a way that matches the schema of the target location iii) load of the data in a new destination location. Obstacles of different natures may occur during the different steps of the switching process. Cloud service providers and clients have different levels of responsibilities, depending on the steps of the process referred to. Obstacles to switching are of different nature, depending on the step of the switching process it is referred to. Functional equivalence means a definition as agreed upon by a customer and provider of data processing services, or the maintenance of a minimum level of pre-defined functionality during the switching process, to such an extent that the service will deliver comparable minimum level functionality, such as the same output at the same performance and with the same level of security, operational resilience and quality of service as agreed at the time of termination of the contract, where both the original and destination service providers independently offer the same core functionation data processing services cover (in part or in whole) the same service type. Meta-data, generated by the customer’s use of a service, should also be portable pursuant to this Regulation’s provisions on switching. lity; Services can only be expected to facilitate functional equivalence for the functionalities that both the originating and destination service offer. The Regulation does not instance an obligation of facilitating functional equivalence for data processing services of the PaaS and/or SaaS delivery model. Meta-data, generated by the customer’s use of a service, should also be portable pursuant to this Regulation’s provisions on switching. Data processing services are used across sectors and vary in complexity and service type; this is an important consideration with regards to the porting process and the timeframes.
Amendment 190 #
2022/0047(COD)
Proposal for a regulation
Recital 74
Recital 74
(74) Data processProviders of cloud computing service providers should be required to remove all relevant obstacles, offer all assistance and support that is required to make the switching process successful, safe and effective and in line with the industry best practices, without requiring those data processing servicecloud computing providers to develop new categories of services within or on the basis of the IT-infrastructure of different data processing service providers to guarantee functional equivalence in an environment other than their own systems. Nevertheless, service providers are required to offer all assistance and support that is required to make the switching process effective. Providers of cloud computing services should support development of customer’s exit strategy relevant to the contracted services, including through providing information such as procedures for initiating switching from the cloud computing service, the machine-readable data formats that user’s data can be exported to, the tools, including at least one open standard data portability interface, foreseen to export data, information on known technical restrictions and limitations that could impact switching process, estimated time necessary to complete the switching process and additional services offered to facilitate the switching process, including the ability of the customer to test its switching process. Existing rights relating to the termination of contracts, including those introduced by Regulation (EU) 2016/679 and Directive (EU) 2019/770 of the European Parliament and of the Council67 should not be affected. Any mandatory period under this Regulation shall not affect the compliance with goals under sectoral legislation. _________________ 67 Directive (EU) 2019/770 of the European Parliament and of the Council of 20 May 2019 on certain aspects concerning contracts for the supply of digital content and digital services (OJ L 136, 22.5.2019, p. 1).
Amendment 192 #
2022/0047(COD)
Proposal for a regulation
Recital 75 a (new)
Recital 75 a (new)
(75a) In order to facilitate switching between cloud computing services, providers of destination cloud computing services should cooperate in good faith with the provider of source cloud computing services with a view to enable the timely transfer of necessary items such as data or applications.
Amendment 194 #
2022/0047(COD)
Proposal for a regulation
Recital 75 b (new)
Recital 75 b (new)
(75b) Certain cloud computing services, such as cloud computing services, which have been custom built to facilitate a specific customer’s need, or cloud computing services that operate on a trial basis or only supply a testing and evaluation service for business product offerings, should be exempted from the obligations applicable to cloud computing service switching.
Amendment 196 #
2022/0047(COD)
Proposal for a regulation
Recital 76
Recital 76
(76) Open interoperability specifications and standards developed in accordance with paragraph 3 and 4 of Annex II of Regulation (EU) 1025/2021 in the field of interoperability and portability enable a seamless multi-vendor cloud environment, which is a key requirement for open innovation in the European data economy. As market-driven processes have not demonstrated the capacity to establish technical specifications or standards that facilitate effective cloud computing service interoperability at the PaaS (platform-as-a- service) and SaaS (software-as-a-service) levels, the Commission should be able, on the basis of this Regulation and in accordance with Regulation (EU) No 1025/2012, to request European standardisation bodies to develop such standards, particularly forfor equivalent service types where such standards do not yet exist. In addition to this, the Commission will encourage parties in the market to develop relevant open interoperability specifications. TFollowing consultation with stakeholders and taking into account relevant international and European standards and self-regulating initiatives, the Commission, by way of delegated acts, can mandate the use of European standards for interoperability or open interoperability specifications for specific equivalent service types through a reference in a central Union standards repository for the interoperability of data processcloud computing services. European standards and open interoperability specifications will only be referenced if in compliance with the criteria specified in this Regulation, which have the same meaning as the requirements in paragraphs 3 and 4 of Annex II of Regulation (EU) No 1025/2021 and the interoperability facets defined under the ISO/IEC 19941:2017.
Amendment 198 #
2022/0047(COD)
Proposal for a regulation
Recital 79
Recital 79
(79) Standardisation and semantic interoperability should play a key role to provide technical solutions to ensure interoperability. In order to facilitate the conformity with the requirements for interoperability, it is necessary to provide for a presumption of conformity for interoperability solutions that meet harmonised standards or parts thereof in accordance with Regulation (EU) No 1025/2012 of the European Parliament and of the Council. The Commission should adopt common specifications in areas where no harmonised standards exist or where they are insufficient in order to further enhance interoperability for the common European data spaces, application programming interfaces, cloud switching as well as smart contracts. Additionally, common specifications in the different sectors could remain to be adopted, in accordance with Union or national sectoral law, based on the specific needs of those sectors. Reusable data structures and models (in form of core vocabularies), ontologies, metadata application profile, reference data in the form of core vocabulary, taxonomies, code lists, authority tables, thesauri should also be part of the technical specifications for semantic interoperability. Furthermore, following consultation with stakeholders and taking into account relevant international and European standards and self-regulating initiatives the Commission should be enabled to mandate the development of harmonised standards for the interoperability of data processcloud computing services.
Amendment 211 #
2022/0047(COD)
Proposal for a regulation
Article 1 – paragraph 4 a (new)
Article 1 – paragraph 4 a (new)
4 a. The obligations on 'data holders' laid down in Chapters II, V and VI in this Regulation shall not apply to public sector bodies.
Amendment 215 #
2022/0047(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 1
Article 2 – paragraph 1 – point 1
(1) ‘data’ means any digital representation of acts, facts or information and any compilation of such acts, facts or information, including in the form of sound, visual or audio-visual recording, however only raw 'data' that has not undergone any processing beyond mere collection or is generated as a by-product of the user's actions, including diagnostics and other technical data;
Amendment 251 #
2022/0047(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 10
Article 2 – paragraph 1 – point 10
(10) ‘public emergency’ means an exceptional situation negatively affecting the population of the Union, a Member State or part of it, with a risk of seriousany life- threatening, serious hazard and lasting repercussions on living conditions or economic stability, or the substantial degradation of economic assets in the Union or the relevant Member State(s) as a consequence of: a) a major or regional natural disaster having the Union or the relevant Memberaken place on the territory of the same eligible State or of a neighbouring eligible State; or b) a major public health emergency having taken place on the territory of the same eligible State(s);
Amendment 254 #
2022/0047(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 12
Article 2 – paragraph 1 – point 12
(12) ‘data process'cloud computing service’ means a digital service other than an online content service as defined in Article 2(5) of Regulation (EU) 2017/1128, provided to a customer, which enables on-demand administration and broad remoservice enabling ubiquitous, scalable, elastic and on-demand network access to a shared pool of configurable computing resources of a centralised, distributed or highly distributed nature provided to a customer that can be rapidly provisioned and released with minimal management effort or service provider inte raccess to a scalable and elastic pool of shareable computing resources of a centralised, distributed or highly distributed nature;tion; (This amendment applies throughout the text [cloud computing service] shall replace [data processing service]. Adopting it will necessitate corresponding changes throughout.)
Amendment 261 #
2022/0047(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 13 a (new)
Article 2 – paragraph 1 – point 13 a (new)
(13a) ‘cloud computing service data portability’ means the ability of the cloud service to move and suitably adapt its data between the customer’s cloud services, including in different deployment models;
Amendment 263 #
2022/0047(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 13 b (new)
Article 2 – paragraph 1 – point 13 b (new)
(13b) 'cloud computing service switching’ means the process where a cloud service customer suitably changes from using one cloud computing service to using a second equivalent or other service offered by a different provider of cloud computing services, involving the provider of source cloud computing services, the customer and the provider of destination cloud computing services.
Amendment 266 #
2022/0047(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 14
Article 2 – paragraph 1 – point 14
(14) ‘functional equivalence’ means a definition as agreed upon by a customer and provider of data processing services, or the maintenance of a minimum level of pre-defined functionality in the environment of a new data processing service after the switching process, to such an extent that, in response to an input action by the user on core elements of the service, the desduring the switching process, to such an extent that the service will deliver comparable minimum level functionation service will deliverlity, such as the same output at the same performance and with the same level of security, operational resilience and quality of service as the originating service at the time of termination of the contractagreed at the time of termination of the contract, where both the original and destination service providers independently offer the same core functionality;
Amendment 272 #
2022/0047(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 20 a (new)
Article 2 – paragraph 1 – point 20 a (new)
(20a) ‘Switching’ shall be understood as the process enabling, for any client of a cloud service provider, to extract, transform and load their data to another provider(s). By extension, switching also applies to configurations where data transfers occur when clients of cloud service providers are using several providers simultaneously.
Amendment 296 #
2022/0047(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point a a (new)
Article 3 – paragraph 2 – point a a (new)
(aa) How long time the data holder shall store such data and thus make it available for the data user.
Amendment 328 #
2022/0047(COD)
Proposal for a regulation
Article 5 – paragraph 2
Article 5 – paragraph 2
Amendment 347 #
2022/0047(COD)
Proposal for a regulation
Article 6 – paragraph 2 – point d
Article 6 – paragraph 2 – point d
Amendment 364 #
2022/0047(COD)
Proposal for a regulation
Article 8 – paragraph 3
Article 8 – paragraph 3
3. A data holder shall not discriminate between comparable categories of data recipients, including partner enterprises or linked enterprises, as defined in Article 3 of the Annex to Recommendation 2003/361/EC, of the data holder, when making data available. Where a data recipient considershas a reasonable doubt that the conditions under which data has been made available to it to be discriminatory, it shall be for the data holder and the data recipient to demonstrate thatwhether there has been no discrimination.
Amendment 380 #
2022/0047(COD)
Proposal for a regulation
Article 9 – paragraph 4 a (new)
Article 9 – paragraph 4 a (new)
4a. The data holder should be allowed to charge the data user for a value-added data service irrespective of article 4.1.
Amendment 470 #
2022/0047(COD)
Proposal for a regulation
Article 23 – paragraph 1 – introductory part
Article 23 – paragraph 1 – introductory part
1. Providers of a data processcloud computing service shall take the measures provided for in Articles 24, 25 and 26 to ensure that customers of their service canable customers switching to another data processcloud computing service, covering the sameequivalent service type, which is provided by a different service provider of cloud computing services. In particular, providers of data processa cloud computing service shall removnot impose commercial, technical, contractual and organisational obstacles, which inhibit customers from:
Amendment 473 #
2022/0047(COD)
Proposal for a regulation
Article 23 – paragraph 1 – point a
Article 23 – paragraph 1 – point a
(a) terminating, after a maximum notice period of 30 calendar days or after a notice period agreed in the contractual agreement between the customer and the provider of cloud computing services, the contractual agreement of the service;
Amendment 479 #
2022/0047(COD)
Proposal for a regulation
Article 23 – paragraph 1 – point b
Article 23 – paragraph 1 – point b
(b) concluding new contractual agreements with a different provider of data processcloud computing services covering the sameequivalent service type;
Amendment 480 #
2022/0047(COD)
Proposal for a regulation
Article 23 – paragraph 1 – point c
Article 23 – paragraph 1 – point c
(c) porting ithe customer's data, applications and other digital assets to another provider of data processing services; and receiving its data, applications, depending on the service type, and other digital assets from the cloud computing provider;
Amendment 486 #
2022/0047(COD)
Proposal for a regulation
Article 23 – paragraph 1 – point d
Article 23 – paragraph 1 – point d
(d) maintaining functional equivalence of the service in the IT-environment of the different provider or providers of data processing servicecloud computing providers covering the same service type, in accordance with Article 26. , without requiring those cloud computing providers to develop or copy new categories of services within or on the basis of the IT-infrastructure of different cloud computing providers to guarantee functional equivalence in an environment other than their own systems.
Amendment 488 #
2022/0047(COD)
Proposal for a regulation
Article 23 – paragraph 2
Article 23 – paragraph 2
Amendment 490 #
2022/0047(COD)
Proposal for a regulation
Article 23 – paragraph 2
Article 23 – paragraph 2
2. Paragraph 1 shall only apply to obstacles that are related to the services, contractual agreements or commercial practices provided by the original providerprovider of source cloud computing services.
Amendment 496 #
2022/0047(COD)
Proposal for a regulation
Article 24 – paragraph 1 – introductory part
Article 24 – paragraph 1 – introductory part
1. The rights of the customer and the obligations of the provider of a data processcloud computing service in relation to switching between providers of such services shall be clearly set out in a written contract. Without prejudice to Directive (EU) 2019/770, that contrace provider of cloud computing services shall ensure that contractual agreement shall include at least the following:
Amendment 501 #
2022/0047(COD)
Proposal for a regulation
Article 24 – paragraph 1 – point a – introductory part
Article 24 – paragraph 1 – point a – introductory part
(a) clauses allowing the customer, upon request, to switch to a data processing service offered by another provider of data processing service or to port all data, applications and digital assets generated directly or indirectly by the customer to an on-premise system, in particular the establishment of a mandatory maximum transition period of 30 calendar days, to be initiated after the maximum notice period referred to in Article 23, during which the data processing service provider shall:
Amendment 512 #
2022/0047(COD)
Proposal for a regulation
Article 24 – paragraph 1 – point a – point 1
Article 24 – paragraph 1 – point a – point 1
(1) assist and, where technically feasible, complethrough and facilitate the switching process;
Amendment 514 #
2022/0047(COD)
Proposal for a regulation
Article 24 – paragraph 1 – point a – point 2
Article 24 – paragraph 1 – point a – point 2
(2) ensure fullact with due care to maintain business continuity and security of the service and, taking into account the advancement in the switching process, ensure, to the greatest extent possible, continuity in the provision of the respectivelevant functions or services within the provider of source cloud computing services’ infrastructure capacity and according to the contractual obligations.
Amendment 518 #
2022/0047(COD)
Proposal for a regulation
Article 24 – paragraph 1 – point a – point 2 a (new)
Article 24 – paragraph 1 – point a – point 2 a (new)
(2 a) provide clear information concerning known risks to continuity in the provision of the respective functions or services from the side of provider of source cloud computing services during the switching process.
Amendment 522 #
2022/0047(COD)
Proposal for a regulation
Article 24 – paragraph 1 – point a – point 2 b (new)
Article 24 – paragraph 1 – point a – point 2 b (new)
(2 b) obligation to complete the switching process within the period which may not exceed 6 months. The customer shall retain the right to extend this period, if needed, prior to or during the switching process;
Amendment 527 #
2022/0047(COD)
Proposal for a regulation
Article 24 – paragraph 1 – point b
Article 24 – paragraph 1 – point b
(b) an exhaustive specification of all data and application categories exportable during the switching process, including, at minimum, all data imported by the customer at the inception of the service agreement and all data and metadata related to the customer's services and created by the customer and by the use of the service during the period the service was provided, including, but not limited to, configuration parameters, security settings, access rights and access logs to the service; being understood that cloud service providers shall not be required to disclose trade secrets or other proprietary information.
Amendment 534 #
2022/0047(COD)
Proposal for a regulation
Article 24 – paragraph 1 – point b a (new)
Article 24 – paragraph 1 – point b a (new)
(b a) support for development of the customer’s exit strategy relevant to the contracted services, including through providing information such as procedures for initiating switching from the cloud computing service, the machine-readable data formats that user’s data can be exported to, the tools, including at least one open standard data portability interface, foreseen to export data, known technical restrictions and limitations that could impact switching process, estimated time necessary to complete the switching process, costs indication related to the data transfers and additional services offered to facilitate the switching process, including the ability of the customer to test its switching process.
Amendment 536 #
2022/0047(COD)
Proposal for a regulation
Article 24 – paragraph 1 – point c
Article 24 – paragraph 1 – point c
(c) a minimum period for data retrieval of at least 30 calendar days, starting after the termination of the transition period that was agreed between the customer and the service provider of cloud computing services, in accordance with paragraph 1, point (a) and paragraph 2.
Amendment 547 #
2022/0047(COD)
Proposal for a regulation
Article 24 – paragraph 2 a (new)
Article 24 – paragraph 2 a (new)
2 a. Following a successful switch to another provider or back on-premises by the customer, the provider of the cloud computing service should be required to permanently delete the user data, unless otherwise expressly agreed.
Amendment 548 #
2022/0047(COD)
Proposal for a regulation
Article 24 a (new)
Article 24 a (new)
Amendment 553 #
2022/0047(COD)
Proposal for a regulation
Article 25 – paragraph 1
Article 25 – paragraph 1
1. From [date X+3yrs, the date of entry into force of this Regulation] onwards, providers of data processcloud computing services shall not impose any charges on the customers who are consumers for the switching process.
Amendment 565 #
2022/0047(COD)
Proposal for a regulation
Article 25 – paragraph 2
Article 25 – paragraph 2
2. From [date X, the date of entry into force of the Data Act] until [date X+3yrsis Regulation], providers of data processcloud computing services mayshall impose reduced charges on theall customers for the switching process.
Amendment 570 #
2022/0047(COD)
Proposal for a regulation
Article 25 – paragraph 3
Article 25 – paragraph 3
3. The charges referred to in paragraph 2 shall not exceed the costs incurred by the provider of data processcloud computing services that are directly linked to the switching process and shall be associated with mandatory operations that the provider of cloud computing processing services must perform as part of the switching process concerned.
Amendment 572 #
2022/0047(COD)
Proposal for a regulation
Article 25 – paragraph 3 a (new)
Article 25 – paragraph 3 a (new)
3 a. Before entering into a contractual agreement with a customer, the provider of cloud computing services shall provide the customer with clear information describing the charges imposed on the customer for the switching process and where relevant, shall provide information on services associated with highly complex or costly switching or impossible to switch without significant interference in the data or application or service architecture.
Amendment 573 #
2022/0047(COD)
Proposal for a regulation
Article 25 – paragraph 4
Article 25 – paragraph 4
4. The Commission is empowered to adopt delegated acts in accordance with Article 38 to supplement this Regulation in order to introduce a monitoring mechanism for the Commission to monitor switching charges imposed by data processproviders of cloud computing service providers on the market to ensure that the withdrawal of switching charges as described in paragraph 1 of this Article will be attained in accordance with the deadline provided in the same paragraph.
Amendment 575 #
2022/0047(COD)
Proposal for a regulation
Article 26 – title
Article 26 – title
Technical aspects of switching and interoperability
Amendment 579 #
2022/0047(COD)
Proposal for a regulation
Article 26 – paragraph 1
Article 26 – paragraph 1
1. Providers of data processcloud computing services that concern scalable and elastic computing resources limited to infrastructural elements such as servers, networks and the virtual resources necessary for operating the infrastructure, but that do not provide access to the operating services, software and applications that are stored, otherwise processed, or deployed on those infrastructural elements, shall ensureto the extend possible support that the customer, after switching to a service covering the same service type offered by a different provider of data processcloud computing services, enjoysis well equipped to achieve functional equivalence in the use of the new service.
Amendment 583 #
2022/0047(COD)
Proposal for a regulation
Article 26 – paragraph 2
Article 26 – paragraph 2
2. For data processing services other than those covered by paragraph 1, providers of data processProviders of cloud computing services, including providers of destination cloud computing services shall make open interfaces publicly available and free of charge for the purpose of portability and interoperability.
Amendment 587 #
2022/0047(COD)
Proposal for a regulation
Article 26 – paragraph 3
Article 26 – paragraph 3
3. For data processing services other than those covered by paragraph 1, providers of data processing services shallAll providers of cloud computing services shall, where technically feasible, ensure compatibility with open interoperability specifications or European standards for interoperability that are identified in accordance with Article 29(5) of this Regulation.
Amendment 589 #
2022/0047(COD)
Proposal for a regulation
Article 26 – paragraph 4
Article 26 – paragraph 4
4. Where the open interoperability specifications or European standards referred to in paragraph 3 do not exist for the equivalent service type concerned, the provider of data processcloud computing services shall, at the request of the customer, export where technically feasible, all data generated or co-generated, including the relevant data formats and data structures, and metadata in a structured, commonly used and machine- readable format as indicated to the customer in accordance with Article 24 (1 ab), unless other format is accepted by the customer.
Amendment 594 #
2022/0047(COD)
Proposal for a regulation
Article 26 – paragraph 4 a (new)
Article 26 – paragraph 4 a (new)
4 a. Where the open interoperability specifications or European standards referred to in paragraph 3 do not exist for the service type concerned, the provider of data processing services shall make APIs available for the purpose of interoperability. These APIs shall ensure, where technically feasible, that third-party services can enjoy the same functional equivalence as first-party services.
Amendment 597 #
2022/0047(COD)
Proposal for a regulation
Article 26 – paragraph 4 b (new)
Article 26 – paragraph 4 b (new)
4 b. The requirements set out in this chapter shall not require a provider of cloud computing services to: a) develop new technologies or services; b) disclose or transfer proprietary or confidential data or technology that is protected as a trade secret or by other property rights, to the customer or to another provider of cloud computing services;or c) engage in, facilitate or enable anti- competitive behaviour.
Amendment 598 #
2022/0047(COD)
Proposal for a regulation
Article 26 a (new)
Article 26 a (new)
Article 26 a Withdrawal of interoperability charges 1. From [date X] onwards, providers of data processing services shall not impose charges for the interoperability process in excess of the costs incurred by the provider of data processing services that are directly linked to the interoperability process concerned. 2. The Commission is empowered to adopt delegated acts in accordance with Article 38 to supplement this Regulation in order to introduce a monitoring mechanism for the Commission to monitor interoperability charges imposed by data processing service providers on the market to ensure that the limitation of interoperability charges as described in paragraph 1 of this Article will be attained in accordance with the deadline provided in the same paragraph.
Amendment 599 #
2022/0047(COD)
Proposal for a regulation
Article 26 b (new)
Article 26 b (new)
Article 26 b Exemptions for certain cloud computing services The obligations set out in this Chapter shall not apply to: a) cloud computing services, which have been custom-built to facilitate a specific customer’s need; b) cloud computing services that operate on a trial basis or only supply a testing and evaluation service for business product offerings.
Amendment 608 #
2022/0047(COD)
Proposal for a regulation
Article 27 – paragraph 3 – subparagraph 1 – point c a (new)
Article 27 – paragraph 3 – subparagraph 1 – point c a (new)
(c a) or where the Commission has decided that the third country, a territory or one or more specified sectors within that third country, or the international organisation in question ensures an adequate level of protection according to Article 45 of the Regulation (EU) 2016/679.
Amendment 613 #
2022/0047(COD)
Proposal for a regulation
Article 28 – paragraph 1 – subparagraph 1 – introductory part
Article 28 – paragraph 1 – subparagraph 1 – introductory part
Amendment 625 #
2022/0047(COD)
Proposal for a regulation
Article 28 – paragraph 3
Article 28 – paragraph 3
Amendment 629 #
2022/0047(COD)
Proposal for a regulation
Article 29 – title
Article 29 – title
Interoperability and portability for data processing services
Amendment 630 #
2022/0047(COD)
Proposal for a regulation
Article 29 – paragraph 1 – introductory part
Article 29 – paragraph 1 – introductory part
1. Open interoperability and portability specifications and European standards for the interoperability of data processing services shall:
Amendment 634 #
2022/0047(COD)
Proposal for a regulation
Article 29 – paragraph 1 – point a
Article 29 – paragraph 1 – point a
(a) be performance oriented towards achieving interoperability and portability between different data processing services that cover the same service type;
Amendment 636 #
2022/0047(COD)
Proposal for a regulation
Article 29 – paragraph 1 – point b
Article 29 – paragraph 1 – point b
(b) enhance interoperability and portability of digital assets between different data processing services that cover the same service type;
Amendment 643 #
2022/0047(COD)
Proposal for a regulation
Article 29 – paragraph 2 – introductory part
Article 29 – paragraph 2 – introductory part
2. Open interoperability specifications and European standards for the interoperability and portability of data processing services shall address:
Amendment 647 #
2022/0047(COD)
Proposal for a regulation
Article 29 – paragraph 5
Article 29 – paragraph 5
5. For the purposes of Article 26(3) of this Regulation, the Commission shall be empowered to adopt delegated acts, in accordance with Article 38, to publish the reference of open interoperability specifications and European standards for the interoperability and portability of data processing services in central Union standards repository for the interoperability and portability of data processing services, where these satisfy the criteria specified in paragraph 1 and 2 of this Article.
Amendment 40 #
2022/0033(NLE)
Proposal for a regulation
Recital 5 a (new)
Recital 5 a (new)
(5 a) The Chips Joint Undertaking should provide opportunities for the increased availability of funds to support the growth of start-ups and SMEs as well as investment across the entire value chain and across the whole Union.
Amendment 43 #
2022/0033(NLE)
Proposal for a regulation
Recital 6
Recital 6
(6) The Initiative should be implemented through actions that should build upon the strong knowledge base acquired by the