1463 Amendments of Francisco GUERREIRO
Amendment 89 #
2023/2127(INI)
Motion for a resolution
Recital D a (new)
Recital D a (new)
Da. whereas numerous critics, including by human rights organisations, have accused China of using the government-funded Confucius Institutes and their classrooms on campus as platforms to spread propaganda under the guise of teaching, interfere with academic freedom and free speech on campuses by means of censorship of certain topics and perspectives in course materials on political grounds, particularly topics related to ethnic minorities in China, and even to spy on students and other members of the Chinese diaspora abroad;
Amendment 167 #
2023/2127(INI)
Motion for a resolution
Paragraph 1 – point a
Paragraph 1 – point a
(a) continue engaging with China to tackle global challenges such as climate change and loss of biodiversity, health and pandemic preparedness, debt relief and humanitarian assistance, and increase dialogue with China on security issues in view of China’s increasingly critical role in global security;
Amendment 275 #
2023/2127(INI)
Motion for a resolution
Paragraph 1 – point i a (new)
Paragraph 1 – point i a (new)
(ia) condemn Chinese authorities assimilationist policies in Tibet that violate the educational, religious, cultural and linguistic rights of the Tibetan people and threaten to ultimately eradicate Tibetan culture and identity, in particular the compulsory boarding school and pre- school system which separates over 1 million Tibetan children from their families and enforces Chinese-language education; urge China to immediately abolish the boarding school and pre- school system imposed on Tibetan children, to allow private Tibetan schools to be established and to ensure that Mandarin is not the only language of instruction in Tibet; consider adopting sanctions on Chinese officials responsible for designing and implementing the boarding school and preschool system in Tibet;
Amendment 286 #
2023/2127(INI)
Motion for a resolution
Paragraph 1 – point i b (new)
Paragraph 1 – point i b (new)
(ib) condemn the promulgation of the “Administrative Measures for Religious Activity Venues” (also known as “Order number 19”) that came into force on 1 September 2023 and intensifies the ongoing repression on Tibetans and other ethnic and religious minorities, notably by requiring temples, monasteries, mosques, churches and other religious sites to “uphold the leadership of the CCP and the socialist system, thoroughly implement Xi Jinping’s ideology of socialism with Chinese characteristics for the new era (...) [and] adhere to the direction of Sinicization of China’s religions”;
Amendment 353 #
2023/2127(INI)
Motion for a resolution
Paragraph 1 – point o
Paragraph 1 – point o
(o) work closely towards fostering unity among the Member States’ approach towards China and strengthen the EU’s strategic autonomy to ensure that Europe is able to defend its values and economic interests, as well as the global rules-based order; to this end, take seriously into account the obligations relating to Business and Human Rights under international law, in particular the United Nations Guiding Principles on Business and Human Rights, as well as European rules on due diligence and the prohibition of goods made using forced labour;
Amendment 416 #
2023/2127(INI)
Motion for a resolution
Paragraph 1 – point t a (new)
Paragraph 1 – point t a (new)
(ta) express grave concern about the accusations of the misuse of Confucius Institutes as platforms to spread propaganda, to censor all debate about topics deemed “politically sensitive” by Chinese government, and to spy on students and the Chinese diaspora abroad; closely monitor the impact of Chinese government interference in academic freedom in European educational institutions and campuses;
Amendment 4 #
2023/2049(INI)
Motion for a resolution
Citation 5 a (new)
Citation 5 a (new)
– having regard to the 2020 report by the Scientific, Technical and Economic Committee for Fisheries (STECF) on criteria and indicators to incorporate sustainability aspects for seafood products (STECF-20-05),
Amendment 6 #
2023/2049(INI)
Motion for a resolution
Citation 5 b (new)
Citation 5 b (new)
– having regard to the 2021 Special Eurobarometer Report 515 titled 'EU Consumer Habits Regarding Fishery and Aquaculture Products',
Amendment 14 #
2023/2049(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
Ba. whereas more than three-quarter of respondents to the 2021 Special Eurobarometer 515 consider that the date of catch or production should be mentioned on the label for all fishery and aquaculture products;
Amendment 26 #
2023/2049(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Is of the opinion that POs have a key role in helping to achieve the objectives of the CFP, which is why they need to be further supported; notes that more must be done to promote the set-up, consolidation and financing of POs across the EU, particularly in Member States where primary production has largely remained fragmented (aquaculture, small- scale fisheries); considers that strong PO presence is crucial for enhancing the prosperity of coastal communities and, for the protection of the marine environment, and for strengthening the position of fishers in the supply chain;
Amendment 36 #
2023/2049(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Urges Member States to provide the appropriate administrative and financial support to set up and operate small-scale coastal fisheries POs, and provide specific criteria for their recognition;
Amendment 45 #
2023/2049(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Calls on Member States to verify the democratic functioning and governance structure of POs as well as checking the rules on admission of new members or withdrawal of membership, as required by the CMO regulation;
Amendment 50 #
2023/2049(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Urges Member States to improve consistency in the support for POs by national authorities and reduce to the greatest extent possible existing gaps and differences across the EU; asks the Commission to continue its support to Member States in this regard;
Amendment 73 #
2023/2049(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
Amendment 74 #
2023/2049(INI)
Motion for a resolution
Paragraph 12 b (new)
Paragraph 12 b (new)
12b. Highlights that the STECF proposed to improve consumer information through the CMO by including more detailed information on the catch area and fishing gear for fishery products and on the production system for aquaculture products;
Amendment 75 #
2023/2049(INI)
Motion for a resolution
Paragraph 12 c (new)
Paragraph 12 c (new)
12c. Calls for providing mandatory information on the date of catch for all fishery products and the production method for all aquaculture products;
Amendment 80 #
2023/2049(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Notes that there are no data indicating that consumers confuse fisheries and aquaculture products, on one hand, and plant-based alternatives to fisheries products on the other; notes that producers of plant-based alternatives clearly label their products as 'vegetarian' or 'vegan'; considers that there is no need to put in place restrictions to the use of fisheries-related terms for plant-based alternatives, as long as they are clearly labelled as such;
Amendment 82 #
2023/2049(INI)
Motion for a resolution
Paragraph 13 b (new)
Paragraph 13 b (new)
13b. Notes that EU consumers consume more fisheries products than what the European Waters can sustainably provide, notes that it leads to a dependance of the EU to imports from third countries, considers that the EU should aim at reducing the consumption of imported fisheries products and encourage the consumption of EU sustainable fisheries products;
Amendment 3 #
2023/2029(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Recalls its long-standing position that the Heading 6 ceiling is insufficient to allow the Union to achieve its ambitions and strategic goals on the global stage; stresses, in particular, the need for the EU budget to make a tangible contribution to the reconstruction in Ukraine as well as to the most demanding global challenges such as climate change and extreme poverty; underlines its view that the Heading 6 and in particular Neighbourhood, Development and International Cooperation Instrument (NDICI) needs to be understood not only as a budgetary expenditure, but as an investment instrument; calls, therefore, on the Commission to present an ambitious revision of the multiannual financial framework (MFF) with sufficient funding for Heading 6, since the current financial programming is insufficient for the Neighbourhood, Development and International Cooperation Instrument (NDICI) and forDICI, that will better reflect the geopolitical ambitions of the European Union and its global commitments;
Amendment 9 #
2023/2029(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Calls on the Commission to take advantage of the MFF revision to refine the nomenclature of the NDICI – Global Europe in order to allow the budgetary authority to exercise its scrutiny powers, particularly as regards the neighbourhood budgetary lines, and to reflect better our strategic approach; highlights in this regard the need for a stronger focus on climate action, including the flexibility for financing outside the multiannual indicative programs and a full budgetization of international commitments, in particular the Loss and Damage Fund;
Amendment 12 #
2023/2029(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Reiterates its full commitment to support Ukraine and calls for a clarification of the role of NDICI in this respect; believes that the volumes aimed at mitigating the impact of the war and the food crisis stemming from it need to be increased in light of the EU’s global responsibility in fighting hunger; is of the opinion that budgetary guarantees provided from the NDICI for the MFA+ provided to Ukraine in 2022 should be moved over and above the ceiling given the nature of the expenditure, and also to create availabilities for unforeseen challenges;
Amendment 23 #
2023/2029(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Urges the Commission to provide detailed figures on the implementation of the horizontal objectives, in particular on climate and migration, migration, positive contribution towards halting biodiversity loss and gender mainstreaming; recalls that the Commission must respect the horizontal targets as defined in Regulation (EU) 2021/9471 as well as Article 15 of the Inter-institutional Agreement; _________________ 1 Regulation (EU) 2021/947 of the European Parliament and of the Council of 9 June 2021 establishing the Neighbourhood, Development and International Cooperation Instrument – Global Europe, amending and repealing Decision No 466/2014/EU of the European Parliament and of the Council and repealing Regulation (EU) 2017/1601 of the European Parliament and of the Council and Council Regulation (EC, Euratom) No 480/2009 (OJ L 209, 14.6.2021, p. 1).
Amendment 28 #
2023/2029(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Regrets that the Commission’s use of the emerging challenges and priorities cushion does not respect the spirit of Article 17, in particular as concerns the financing of new legislative initiatives; regrets the pre-allocation of 60 % of funds for the remaining cushion without considering future anticipated needs not yet taken into account, such as the Syrian refugee package; calls onasks the Commission to inform Parliament in detail ahead of each mobilisation of the cushion funds and to take its observations into account, in line with Recital 71 of the regulation;
Amendment 32 #
2023/2029(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Calls on the Commission to strengthen the monitoring of the stability of the investment framework provided for by the NDICI (European Fund for Sustainable Development Plus and the External Action Guarantee) given the current geopolitical and economic instability and to ensure that its purpose is maintained as provided for in the regulation; calls on the Commission to provide the budgetary authority with quarterly updates, including on the use and amounts of budgetary guarantees; as well as the estimated provisioning and future forecasts as well as the state of play as regards the climate and biodiversity targets and the contribution of the NDICI to promote gender equality.
Amendment 4 #
2023/2015(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Calls on the Commission to recognise, in the European pProtein sStrategy, the strategic role of the fisheries and aquaculture sectors as suppliers of marine- derived protein of the highest quality withand one of the lowest carbon footprints, with plant-based protein having the lowest one;
Amendment 12 #
2023/2015(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Highlights the ceontral roleibution of fisheries and fishery products in ensuring food security and in any nutritional strategy based on healthy and high-quality protein; considers it therefore necessary to strengthen the competitiveness of the European fisheries and aquaculture sectors as suppliers of the highest quality food with among the best sustainability standards worldwide in order, to strengthen sustainable practices and to improve the management of fish stocks to reduce the EU’s growincreasing dependence on importsy on imports, including the imports of fish oils and fishmeal; stresses also the importance of banning the imports of all fisheries products from Russia in the context of the war of aggression against Ukraine;
Amendment 21 #
2023/2015(INI)
Motion for a resolution
Citation 17 a (new)
Citation 17 a (new)
– having regard to the Commission report ‘strategic guidelines for a more sustainable and competitive EU aquaculture’,
Amendment 30 #
2023/2015(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Highlights the efforts of the European fishing sector to improve the state of stocks at EU level; emphasises, in this regard, the need for continued efforts to fish sustainably and minimise the impact on marine ecosystems in order to guarantee healthy stocks and oceans in the future, as this sector plays an essential role in ensuring European food sovereignty;
Amendment 40 #
2023/2015(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Calls on the Commission and the Member States to increarecognise the role of fishery and aquaculture products in their nutritional policies and programmes, in particular by promoting their consumption among specific groups, such as young people, or in programmes aimed at tackling specific nutritional deficiencieshighlighting the scientific advice such as from the World Health Organisation regarding the consumption of aquatic food;
Amendment 44 #
2023/2015(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Notes that current food production and consumption patterns need to change in order for the EU to foster a sustainable food system, as highlighted in the Farm to Fork Strategy;
Amendment 48 #
2023/2015(INI)
Draft opinion
Paragraph 4 b (new)
Paragraph 4 b (new)
4b. Calls on the Commission to use the Plant Protein Strategy to incentivise a broader human consumption of plant protein, reducing pressure from the fishing sector and on the oceans, in line with the Union’s environmental commitments such as the Paris Agreement, the European Green Deal and the Farm to Fork Strategy; highlights the relevance that EU Public Procurement rules may have in promoting dietary habits that are more sustainable;
Amendment 50 #
2023/2015(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Stresses the importance of reducing discards as a means of avoiding food waste; highlights in this regard the importance of fully implementing the Landing Obligation as outlined in the CFP and favouring fishing techniques that avoid and reduce, as far as possible, unwanted catches; reiterates, in this regard, the call from its resolution of 18 May 20211 for commercial and/or charitable opportunities to be identified to make the best possible use of those unavoidable or unwanted catches below the minimum conservation reference size; _________________ 1 European Parliament resolution of 18 May 2021 on securing the objectives of the landing obligation under Article 15 of the Common Fisheries Policy, OJ C 15, 12.1.2022, p. 9.
Amendment 55 #
2023/2015(INI)
5a. Highlights the importance of improving information in labelling for the clarity of consumers; welcomes the Commission’s intention expressed in the Farm to Fork Strategy to extend the requirement for a mandatory origin or provenance indications to additional products; calls on the Commission to extend the mandatory rules of origin especially to all fresh, frozen and processed meat, seafood and aquaculture products proposed to consumers in every condition, including in restaurants and canteens and indicating the place where and how the animal was born, raised or caught, slaughtered, and also the origin of the feed given;
Amendment 56 #
2023/2015(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. WStresses that further development and sustainable innovation in the field of plant protein production and alternative sources of protein in the EU, such as algae, is a way of effectively addressing many of the environmental and climate challenges that the EU is facing, as well as preventing deforestation, biodiversity loss and ecosystem degradation in countries outside the EU and reducing Europe’s current dependence regarding its supply of plant protein; welcomes the Commission communication of 15 November 2022 entitled ‘Towards a Strong and Sustainable EU Algae Sector’2; points out that algae and microalgae can represent an important complementary and alternative source of protein in sustainable food production and global food security and calls on the Commission to include this untapped potential in the European protein strategy. ; highlights that a more diversified use of alternative sources of plant protein for animal feed, such as algae, must not serve to justify a further intensification of animal production; _________________ 2 COM(2022)0592.
Amendment 61 #
2023/2015(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Stresses that to meet current and future EU food demand in a sustainable way, the diversification of sources of protein plays a vital role; highlights that the Plant Protein Strategy is an opportunity with a broad potential to leverage the sustainability of the EU food system and food sovereignty when it comes to human food and animal feed;
Amendment 63 #
2023/2015(INI)
Draft opinion
Paragraph 6 b (new)
Paragraph 6 b (new)
6b. Highlights the need to improve aquatic animal welfare as they are sentient beings capable of feeling pain like terrestrial animals, highlights further that healthy fish also produce safer food for consumers as higher welfare implies fewer diseases and parasites, having therefore the potential to reduce the use of antibiotics and consequently anti- microbial resistance (AMR), and that higher welfare also sustains healthier ecosystems and ensures the conservation of species;
Amendment 65 #
2023/2015(INI)
Draft opinion
Paragraph 6 c (new)
Paragraph 6 c (new)
6c. Calls on the Commission to recommend Member States against the industrialisation of cephalopod production, given the need to counter the intensification of animal production not only for animal welfare reasons, but also to ensure that the Union’s food system is aligning itself with the agreed environmental goals; highlights that, as alerted by the scientific community, particularly in response to recent plans to open the first octopus farm, these animals are extremely intelligent and sensitive creatures whose welfare would be severely harmed by such keeping conditions;
Amendment 181 #
2023/2015(INI)
Motion for a resolution
Recital L
Recital L
L. whereas it is important to adopt a value chain approach in order to create added value for plant-based protein sources for human consumption;
Amendment 328 #
2023/2015(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Considers that developing the production of plant and alternative sources of protein for food in the EU is an effective way of addressing many of the environmental and climate challenges that the EU faces;
Amendment 377 #
2023/2015(INI)
(a) Stresses that the creation of favourable food environments, where plant-based protein for food is accessible and affordable, drives market demand and supports the production of more plant-based protein for human consumption;
Amendment 441 #
2023/2015(INI)
Motion for a resolution
Paragraph 16 – point 1 (new)
Paragraph 16 – point 1 (new)
(1) Recognises the relevance of hemp as alternative sustainable protein crop and the need to establish harmonized rules at the EU level facilitating its farming and transformation into food;
Amendment 542 #
2023/2015(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Calls for more research and development into plant-based and alternative proteins for food;
Amendment 662 #
2023/2015(INI)
Motion for a resolution
Paragraph 32 – point viii
Paragraph 32 – point viii
viii. A combination of common agricultural policy rules that provide a stable framework, flexible management practices and incentives for the production of protein-rich crops, grassland andlant-based protein for food such as legumes;
Amendment 143 #
2023/0397(COD)
Proposal for a regulation
Recital 1
Recital 1
(1) It is in the common interest of the Union and its Western Balkans partner countries1 to advance the efforts to reform political, legal and economic systems of the latter with a view to their future Union membership. The prospect of Union membership has a powerful transformative effect, embedding positive democratic, political, economic, environmental and societal change. _________________ 1 Albania, Bosnia and Herzegovina, Kosovo*, Montenegro, North Macedonia and Serbia.* This designation is without prejudice to positions on status, and is in line with UNSCR 1244/1999 and the ICJ Opinion on the Kosovo declaration of independence
Amendment 146 #
2023/0397(COD)
Proposal for a regulation
Recital 1 a (new)
Recital 1 a (new)
(1a) Accession to the EU must always be a merit-based procedure and each enlargement country must be assessed on its own merits in fulfilling the Copenhagen criteria, particularly in ensuring full respect for human rights, democracy, the rule of law and respect for and the protection of minorities. While Russia’s war of aggression against Ukraine has given a new meaning and impetus to enlargement, the path of the Western Balkan countries towards EU membership needs to be firmly anchored in the tangible and concrete progress and reforms undertaken by the accession countries. To guarantee the success of enlargement as an effective EU foreign policy instrument, genuine political will is needed both in the Member States and in the enlargement countries.
Amendment 150 #
2023/0397(COD)
Proposal for a regulation
Recital 2
Recital 2
(2) There is a need to bring forward some of the advantages of Union membership before accession. Ework towards the adoption and implementation of the EU acquis as soon as possible, as well as bring forward some of the advantages of Union membership before accession. Alongside democratic transition and respect for fundamental rights and values, economic convergence is at the heart of these benefits. Currently, the convergence of Western Balkans in terms of GDP per capita expressed in purchasing power standards remains low at between 30% and 50% of the Union average and is not progressing fast enough.
Amendment 155 #
2023/0397(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) To reduce this disparity, the European Commission adopted a Communication on a Growth Plan for the Western Balkans based on four pillars: (a) increasing integration with the EU’s Single Market; (b) boosting regional economic integration, based on EU rules and standards, by fully implementing the existing Common Regional Market Action Plan; (c) deepening reforms aiming at accelerating growthsustainable development in the region, promoting economic convergence and strengthening regional stability; and (d) establishing a new Financing Instrument: the Reform and Growth Facility for the Western Balkans.
Amendment 157 #
2023/0397(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) The implementation of that Growth Plan requires increased funding under a dedicated new Financing Instrument, the Reform and Growth Facility, to assist the region in implementing the growth- promoting reforms,inclusive and sustainable development promoting reforms contributing to reaching climate neutrality by 2050 the latest and decarbonisation of the economy, as well as to strengthening democracy, the rule of law, including the independence of the judiciary, the protection of human rights, the fight against corruption as well as any kind of nepotism, favouritism, money laundering, tax avoidance, tax evasion, tax fraud and organised crime, and by promoting just and digital transitions boosting the green and digital transition in the region in a socially inclusive way as well as the regional integration and Common Regional Market.
Amendment 160 #
2023/0397(COD)
Proposal for a regulation
Recital 4 a (new)
Recital 4 a (new)
(4a) According to the 2020 revised methodology “Enhancing the accession process - A credible EU perspective for the Western Balkans”, progress on the fundamentals determines the overall pace of accession negotiations. To this end, this Facility is based on strict conditionality and access to funding depends on the delivery of tangible results and the implementation of reforms in the area of the fundamentals. Furthermore, to access the funding envisaged in this Facility, the Beneficiaries need to be fully aligned with the EU’s strategic goals, values and interests, including with the EU’s common foreign and security policy.
Amendment 163 #
2023/0397(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) To achieve these goals, special emphasis with respect to investment areas should be placed on sectors that are likely to function as key multipliers for social and economic development and decarbonisation of economies: connectivity, including sustainable transport, energy, green and digital transitions, education and skills developmentincluding promotion of the highest energy efficiency standards with emphasis on decentralised renewable energy networks, climate neutrality and circular economy including by prioritizing renewables and energy efficiency and the use of materials ethically sourced locally, education and skills development. The Facility and all investments should be fully aligned and respect the EU climate acquis and especially the ‘Do No Significant Harm’ Principle.
Amendment 170 #
2023/0397(COD)
Proposal for a regulation
Recital 5 a (new)
Recital 5 a (new)
(5a) The Facility should comply with the highest climate and environmental standards and the Reform Agendas should be subject to Strategic Environmental Impact Assessment procedures in order to identify and properly mitigate potential negative environmental and social impacts. The right for public access to information for civil society organisations and individuals including the right to access environmental information should be ensured as well as the full compliance with the Aarhus Convention.
Amendment 172 #
2023/0397(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) TSustainable transport infrastructure is essential to improve connectivity between the Western Balkan partners and with the EU. It should contribute to integrate the region in the Union. In its proposal revising the trans-European transport framework (TEN- T), the Commission included a new Corridor crossing the Western Balkan region (Western-East Mediterranean corridor). The TEN-T network should be the reference for funding transport infrastructure in the region. Priority should be given to environmentally-friendly means of transportation such as railways and decarbonisation of transport.
Amendment 177 #
2023/0397(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) Union support under the Facility should not replace the bilateral and regional support provided under Regulation (EU) 2021/1529 of the European Parliament and of the Council4 , focussing on preparing the Beneficiaries for Union membership, but complement it and add to it, while using already existing mechanisms and structures where possible and maximising synergies. The approach should build on the existing enlargement methodology, notably the 2020 Revised Methodology5 , and the Economic and Investment Plan6 from the same year. _________________ 4 Regulation (EU) 2021/1529 of the European Parliament and of the Council of 15 September 2021 establishing the Instrument for Pre-Accession assistance (IPA III) (OJ L 330, 20.9.2021, p. 1, ELI: http://data.europa.eu/eli/reg/2021/1529/oj). 5 COM (2022) 57 final. 6 COM(2020) 641 final.
Amendment 179 #
2023/0397(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) The support under the Facility should be provided to meet general and specific objectives set out in the form of milestones and targets, based on established criteria and timeframes and with clear payment conditions and conditionalities. The general objectives of the Facility should be to accelerate regional economic integration and social and territorial cohesion, decarbonisation, progressive integration with the Union single market, socio-economic convergence of Western Balkans economies and alignment with Union laws, rules, standards, policies and practices with a view to Union membership. The Facility should also help accelerate reforms related to fundamentals of the enlargement process, includingin particular accelerate the region’s green transition to climate neutrality by 2050 at the latest, in accordance with Paris Agreement and the Green Deal, climate change mitigation and adaptation measures, as well as environmental and biodiversity protection. The Facility should also help accelerate reforms related to fundamentals of the enlargement process, including the stability of institutions guaranteeing democracy, the rule of law, human rights and respect for and protection of minorities. In particular, the Facility should further promote reforms in the areas of independence of the judiciary, the fight against all kinds of corruption and oligarchic structures, as well as any kind of nepotism or favouritism, money laundering, tax avoidance, tax evasion, tax fraud and organised crime rule of law, public procurement and State aid control, and public finance management and fight against corruption. The Facility should ensure the meaningful participation of regional and local authorities, as well as civil society and experts, in the design of the reforms and its scrutiny and implementations. The Facility should assure the fast implementation of the Interoperability Europe Act so as to speed up the exchange of information between the public sector in the EU and the widespread of an efficient digital transformation of this sector. These objectives should be pursued in a mutually reinforcing manner.
Amendment 197 #
2023/0397(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) The Facility should ensure consistency with, and support to the general objectives of Union external action as laid down in Article 21 of the Treaty on European Union, including the respect for fundamental rights as enshrined in the EU Charter of Fundamental Rights. It will notably ensure the protection and promotion of human rights, democracy and the rule of law.
Amendment 201 #
2023/0397(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) Activities under the Facility should support progress towards the Sustainable Development Goals, and contribute to achieve the national contributions under the Paris Agreement and the United Nations Framework Convention on Climate Change in line with the commitments taken in the National Climate and Energy Plans, the United Nations Convention on Biological Diversity and the United Nations Convention to Combat Desertification and should not contribute to environmental degradation or cause harm to the environment or climate. Measures funded underIn particular, funding allocated in the context of the Facility should be in linecoherent with the Beneficiaries’ National Energy and Climate Plans, their Nationally Determined Contribution and ambition to reach climate neutrality by 2050. The Facility should contribute to thelong- term goal of holding the increase in the global average temperature to well below 2°C above pre-industrial levels and pursuing efforts to limit the temperature increase to 1,5°C. It should also be coherent with the objective to increase the ability to mitigation action and to the ability to adapt to the adverse effects of climate change, and foster climate resilience, and with the support of biodiversity conservation, circular economy, sustainable water management and zero- pollution. Measures funded under the Facility should be in line with the Beneficiaries’ National Energy and Climate Plans, their Nationally Determined Contribution and ambition to reach climate neutrality by 2050.
Amendment 204 #
2023/0397(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) The implementation of this Regulation should be guided by the principles of equality and non- discrimination, as elaborated in the Union of Equality strategies. It should promote gender equalityensure women’s meaningful participation in the decision-making process, promote and advance gender equality and mainstreaming and the empowerment of women and girls, and seek to protect and promote women’s and girls’ rights in line with the EU Gender Action Plans and relevant Council conclusions and international conventions. It should also promote the rights of the Roma and LGBTQI+ community as well as of minorities and vulnerable groups. The implementation of the Facility should be in line with the United Nations Convention on the Rights of Persons with Disabilities and ensure accessibility in its investments and technical assistanceits protocol, ratified by the EU and its Member States, and ensure the involvement of the relevant stakeholders in particular organisations representing people with disabilities in the decision- making processes, as well as ensure accessibility in its investments and technical assistance. The Facility shall also support the right of persons with disabilities to live independently and be included, and accelerate the transition from residential institutions to community-based support and independent living (de- institutionalisation) for children, adults and older persons with disabilities, and shall ensure that resources under the Facility are not used to perpetuate segregation of persons with disabilities. The Facility should support a comprehensive reform of the child protection and care system, including through the transition from institutional to family and community-based care for all children. Furthermore, the Regulation should be implemented in full respect of the European Pillar of Social Rights, the European Commission’s Communication on decent work worldwide for a global just transition and a sustainable recovery and the 1998 International Labour Organisation (ILO) Declaration on Fundamental Principles and Rights at Work.
Amendment 211 #
2023/0397(COD)
Proposal for a regulation
Recital 14
Recital 14
(14) This Regulation should promotecontribute to the implementation of the Green Agenda for the Western Balkans7 in particular by reinforcing environmental protection, including nature and environmental restoration, contributing to the mitigation of climate change and increasing resilience to climate change, and accelerating the shift towards a low-carbonclimate neutral, green, biodiverse and sustainable economy. _________________ 7 SWD(2020)223 final, 6.10.2020.
Amendment 213 #
2023/0397(COD)
Proposal for a regulation
Recital 15
Recital 15
(15) Reflecting the European Green Deal as Europe’s sustainable growthdevelopment strategy and the importance of tackling climate and biodiversity objectives in line with the commitments of the Interinstitutional Agreement, the Facility should contribute to the achievement of the overall target of 30% of Union budget expenditure supporting climate objectives and 7.5% in 2024 and 10% in 2026 and 2027 to biodiversity objectives. At least 37% of the non-repayable financial support channelled through the WBIF should account to climate objectives. The Facility should support only activities that fully respect the climate and environmental standards and priorities of the Union and the principle of ‘do no significant harm’ within the meaning of Article 17 of Regulation (EU) 2020/8528 . _________________ 8 Regulation (EU) 2020/852 of the European Parliament and of the Council of 18 June 2020 on the establishment of a framework to facilitate sustainable investment, and amending Regulation (EU) 2019/2088, OJ L 198, 22.6.2020, p. 13.
Amendment 215 #
2023/0397(COD)
Proposal for a regulation
Recital 16
Recital 16
(16) The Commission, in cooperation with the Member States and the Beneficiaries, should contribute toensure the compliance, coherence, consistency and complementarity, increased transparency and accountability in the delivery of assistance, including by implementing appropriate internal control systems and anti-fraud policies in order to ensure protection of financial interests of the Union. The support under the Facility should be made available under the preconditions that each of the Beneficiaries continues to respect and uphold effective democratic mechanisms and institutions, including a multi-party parliamentary system, and the rule of law, and to guarantee respect for human rights, including the rights of persons belonging to minorities. Another pre-condition should be that Serbia and Kosovo engage constructively in the normalisationupholds and respects the Copenhagen criteria for EU accession, notably the stability of institutions guaranteeing democracy, rule of law, human rights and respect for and protection of minorities. In particular, the Beneficiaries need to demonstrate their compliance with the values of Article 2 of their Trelations with a view to fully implementing all their respective obligations stemming from the Agreementy on European Union (TEU), a multi-party democratic system, including with appropriate checks and balances, good governance at all levels, free and fair elections as appropriate in line with the domestic law onf the Path to Normalisation and its Implementation Annex as well as all past Dialogue Agreements and engage in negotiations on the Comprehensive Agreement on normalisation of relationsBeneficiaries and European and international democratic standards, an independent judiciary and public prosecutor, respect for human rights, including but not limited to freedom of speech and media freedom. Another precondition for the support under this Facility should be the full alignment of the Beneficiary with the EU’s Common Foreign and Security Policy.
Amendment 235 #
2023/0397(COD)
Proposal for a regulation
Recital 24
Recital 24
(24) The implementation of the Facility for Western Balkans should be underpinned by a coherent and prioritised set of targeted reforms and investment priorities in each Western Balkans Beneficiary (a Reform Agenda), providing a framework for boosting socio-economic growth in the form of milestones and targets providing a framework for boosting inclusive sustainable development and accelerating the just and digital transition in line with the Union’s policies, while improving inclusiveness and social and regional cohesion and reducing inequalities, clearly articulated and aligned with Union accession requirements. The Reform Agenda willshould serve as an overarching framework to achieve the objectives of this Facility. The Reform Agenda should be developed in a transparent and inclusive way that will ensure meaningful consultation and participation with regional and local authorities, as well as with civil society and experts and should demonstrate how meaningful participation of stakeholders was planned and conducted in a way that it had significant influence on the outcome of the process via consultations, with sufficient timeframes and transparency, and clear follow-up procedures to input given
Amendment 242 #
2023/0397(COD)
Proposal for a regulation
Recital 25
Recital 25
(25) Disbursement of Union support should be conditional on compliance with the payment conditions and on measurable progress with corresponding milestones and targets in the implementation of reforms set out in the Reform Agendas assessed and formally approved by the Commission. The release of funds should be structured accordingly, reflecting the objectives of the Facility.
Amendment 245 #
2023/0397(COD)
Proposal for a regulation
Recital 26
Recital 26
(26) The Reform Agendas should include targeted reform measures and priority investment areainvestments with corresponding milestones and targets, along with payment conditions in the form of measurable qualitative and quantitative steps that indicate satisfactory progress or completion of those measures, and an indicative timetable for the implementation of those measures via concrete milestones and targets. The Reform Agendas should also include an indicative ex-ante costing of reforms and investments. Those steps should be planned for no later than 31 August 2027, although the overall completion of the measures to which such steps refer may extend beyond 2027 but not later than 31 December 2028.
Amendment 249 #
2023/0397(COD)
Proposal for a regulation
Recital 27
Recital 27
(27) The Reform Agendas should include an explanation of the Beneficiary’s system to effectively prevent, detect and correct irregularities, corruption, and any type of corruption, including high level corruption, as well as any kind of nepotism or favouritism and fraud and conflicts of interests, when using the funds provided under the Facility, and the arrangements that aim to avoid double funding from the Facility and other Union programmes as well as other donors.
Amendment 252 #
2023/0397(COD)
Proposal for a regulation
Recital 27 a (new)
Recital 27 a (new)
(27a) The Reform Agendas should include detailed explanations on how they contribute to the just and digital transition in the region and explain how the beneficiaries ensure the application of EU environmental law and standards and, in particular, the application of the ‘Do No Significant Harm’ principle. The Reform Agendas should also include explanations on how they ensure a meaningful participation and consultation of regional and local authorities as well as civil society organisations in the design and implementation of the reform agendas. The Reform Agendas should further explain how they assist in improving the public access to information and public participation including access to environmental information.
Amendment 253 #
2023/0397(COD)
Proposal for a regulation
Recital 28
Recital 28
(28) Measures under the Reform Agendas should, where appropriate, contribute to improving an efficient public finance management and control system, fight against corruption, fraud and organised crimeall kinds of corruption, including high level corruption, as well as any kind of nepotism or favouritism, money laundering, tax avoidance, tax evasion, tax fraud, fraud and organised crime and conflicts of interests, and to an effective system of State aid control, aiming at ensuring fair conditions for all undertakings. Such measures should be implemented by the Beneficiary by an indicative date which could be set, appropriate for each measure, in the early stage of implementation of the Facility.
Amendment 255 #
2023/0397(COD)
Proposal for a regulation
Recital 29
Recital 29
(29) The Commission should publish the Reform Agendas when received. The Commission should assess each Reform Agenda based on the list of criteria set out in this Regulation. In order to ensure uniform conditions for the implementation of this Regulation, implementing powers should be conferred on the Commission to approve those Reform Agendas. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council11 . The Commission will duly take into account Council decision 2010/427/EU and the role of the EEAS where appropriate, and in particular when monitoring the fulfilment of the precondition for Union support. _________________ 11 Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers (OJ L 55, 28.2.2011, p. 13, ELI: http://data.europa.eu/eli/reg/2011/182/oj), after consulting the European Parliament on the submitted plan. The Commission should be empowered to adopt a delegated act to approve those Reform Agendas. The Commission will duly take into account Council decision 2010/427/EU and the role of the EEAS where appropriate, and in particular when monitoring the fulfilment of the precondition for Union support.
Amendment 258 #
2023/0397(COD)
Proposal for a regulation
Recital 30
Recital 30
(30) The Commission implementing decisiondelegated act referred to in this Regulation should at the same time constitute a work programme within the meaning of Article 110(2) of the Financial Regulation in respect of the amount of non- repayable financial support under this Regulation.
Amendment 260 #
2023/0397(COD)
Proposal for a regulation
Recital 31
Recital 31
(31) Given the need for flexibility in the implementation of the Facility, it should be possible for a Beneficiary to make a reasoned request to the Commission to amend the implementing decisiondelegated act, where the Reform Agenda, including relevant payment conditions, is no longer achievable, either partially or totally, because of objective circumstances. A Beneficiary should be able to make a reasoned request to amend the Reform Agenda, including by proposing addenda where relevant.
Amendment 262 #
2023/0397(COD)
Proposal for a regulation
Recital 32
Recital 32
(32) The Commission should be able propose to amend the implementing decisiondelegated act, in particular to take into account a change of the amounts available.
Amendment 265 #
2023/0397(COD)
Proposal for a regulation
Recital 34
Recital 34
(34) A Facility Agreement should be concluded with each Beneficiary to set up the principles of the financial cooperation between the Union and the Beneficiary, and to specify the necessary mechanisms related to control, supervision, monitoring, evaluation, reporting and audit of Union funding under the Facility, rules on taxes, duties and charges and measures to prevent, detect, investigate and correct irregularities, fraud, corruptionany forms of corruption including high level corruption, any types of nepotism or favouritism and conflicts of interests. Consequently, a loan agreement should also be concluded with each Beneficiary setting out specific provisions for the management and implementation of funding provided in the forms of loans. The Facility Agreement should provide for obligation of beneficiaries to ensure the collection of, and access to, in compliance with EU data protection principles and with applicable data protection rules, adequate data on persons and entities receiving funding, including beneficial ownership information, for the implementation of measures of the Reform Agendas.
Amendment 268 #
2023/0397(COD)
Proposal for a regulation
Recital 38
Recital 38
(38) In order to ensure that the provisioning rate remains adequate to the financial risks, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of amending the provisioning rate. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that ts well as with the relevant committees of the European Parliament. Those consultations should be conducted in accordance with the principles laid down in the Interinstitutional Agreement on Better Law-Making of 13 April 201612 . In particular, to ensure equal participation in the preparation of the 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. Support under the Facility should also enhance twinning and partnership development initiatives with European peers aiming at enhancing expertise and capacity in the Western Balkans. _________________ 12 OJ L123, 12.5.2016, p.1.
Amendment 271 #
2023/0397(COD)
Proposal for a regulation
Recital 44
Recital 44
(44) In accordance with Regulation (EU, Euratom) 2018/1046, Regulation (EU, Euratom) 883/2013 of the European Parliament and of the Council13 and Council Regulations (EC, Euratom) No 2988/9514 , (Euratom, EC) No 2185/9615 and (EU) 2017/193916 , the financial interests of the Union are to be protected by means of proportionate measures, including measures relating to the prevention, detection, correction and investigation of irregularities, fraud, corruptionall types of corruption including high-level corruption, all types of nepotism or favouritism, conflict of interest, double funding, to the recovery of funds lost, wrongly paid or incorrectly used. The Commission services should be provided with sufficient administrative capacities and personnel to ensure these objectives. _________________ 13 Regulation (EU, Euratom) No 883/2013 of the European Parliament and of the Council of 11 September 2013 concerning investigations conducted by the European Anti-Fraud Office (OLAF) and repealing Regulation (EC) No 1073/1999 of the European Parliament and of the Council and Council Regulation (Euratom) No 1074/1999 (OJ L 248, 18.9.2013, p. 1, ELI: http://data.europa.eu/eli/reg/2013/883/oj). 14 Council Regulation (EC, Euratom) No 2988/95 of 18 December 1995 on the protection of the European Communities financial interests (OJ L 312, 23.12.1995, p. 1, ELI: http://data.europa.eu/eli/reg/1995/2988/oj). 15 Council Regulation (Euratom, EC) No 2185/96 of 11 November 1996 concerning on-the-spot checks and inspections carried out by the Commission in order to protect the European Communities' financial interests against fraud and other irregularities (OJ L 292, 15.11.1996, p. 2, ELI: http://data.europa.eu/eli/reg/1996/2185/oj). 16 Council Regulation (EU) 2017/1939 of 12 October 2017 implementing enhanced cooperation on the establishment of the European Public Prosecutor’s Office (‘the EPPO’) (OJ L 283, 31.10.2017, p. 1, ELI: http://data.europa.eu/eli/reg/2017/1939/oj).
Amendment 273 #
2023/0397(COD)
Proposal for a regulation
Recital 45 a (new)
Recital 45 a (new)
(45a) The Commission should ensure that the financial interests of the Union are effectively protected under the Facility. To this end, an independent Audit Board should be set up to provide the Commission with information on possible mismanagement of funds and guarantee that a declaration of assurance is obtained through an independent external audit. The Audit Board should be subject to the reporting obligations to EPPO, in accordance with Article 24(1) of Regulation (EU) 2017/1939. Such information should be made available to OLAF and EPPO, when applicable, and where appropriate to the relevant Western Balkans Beneficiary authorities. The Commission, with the assistance of the Union delegations, should be entitled to perform checks on how the Western Balkans Beneficiary implement funds along the whole project life cycle. The Commission should be provided with sufficient funding and human resources to perform the audit and checks. The Audit Board should ensure regular dialogue and cooperation with the European Court of Auditors.
Amendment 275 #
2023/0397(COD)
Proposal for a regulation
Recital 46
Recital 46
(46) In accordance with Article 129 of Regulation (EU, Euratom) 2018/1046, the necessary rights and access should be granted to the Commission OLAF, the European Court of Auditors and, where applicable the EPPO, including by third parties involved in the implementation of Union funds. The European Parliament shall also be granted with the necessary rights and access. The Western Balkans should also use the Early Detection and Exclusion System and report irregularities in relation to the use of the funds to the Commission.
Amendment 276 #
2023/0397(COD)
Proposal for a regulation
Recital 47
Recital 47
(47) The Commission should ensure that the financial interests of the Union are effectively protected under the Facility. At the same time, given the long track record of financial assistance provided to the Western Balkans Beneficiaries also under indirect management and taking into account their gradual alignment with the Unions internal control standards and practices, the Commission may rely to a great extent on the operation of the national internal control and fraud prevention systems. In particular, the Commission and OLAF should be informed of all suspected cases of irregularities, fraud, corruption and conflict of interests affecting the implementation of funds under the Facility without delay. The Commission should also receive the information on beneficial owners of legal entities benefiting from the Facility and publish a list of persons and legal entities receiving more than 50 000 euros cumulatively from the Facility
Amendment 280 #
2023/0397(COD)
Proposal for a regulation
Recital 48
Recital 48
(48) Furthermore, the beneficiaries should report the irregularities including fraud which have been the subject of a primary administrative or judicial finding, without delay, to Audit Board and the Commission and keep the latterm informed of the progress of administrative and legal proceeding. With the objective of alignment to good practices in Member States, this reporting should be done by electronic means, using the Irregularity Management System, established by the Commission.
Amendment 281 #
2023/0397(COD)
Proposal for a regulation
Recital 49
Recital 49
(49) Each Beneficiary should establish a monitoring system feeding into an semi- annual report of fulfilment of its Agenda’s payment conditions accompanying the semi-annual request for the release of funds. Beneficiaries should collect and provide access to data and information allowing the prevention, detection and correction of irregularities, fraud, corruptionany types of corruption including high-level corruption, any types of nepotism and favouritism, and conflicts of interests, in relation to the measures supported by the Facility.
Amendment 284 #
2023/0397(COD)
Proposal for a regulation
Recital 51
Recital 51
(51) The Commission should provide an annual report on the progress with the implementation of the Regulation and the Facility to the European Parliament and to the Committee referred to in this Regulation. The annual report should include a detailed assessment of the added value and additionality of this Facility, of synergies and complementarities between support covered under this Facility and Regulation (EU) 2021/1529, as well as a description of the arrangements and measures taken by the Commission to avoid double funding, with a view to protecting the Union budget. A regular dialogue with the European Parliament and its relevant committees should be established.
Amendment 285 #
2023/0397(COD)
Proposal for a regulation
Recital 51 a (new)
Recital 51 a (new)
(51a) As a measure of public accountability, the Governments of the Beneficiaries, including the relevant Ministers, should inform the Parliaments of the Beneficiaries regularly on the implementation of the respective Reform Agendas. Provision of all relevant information in time to the Parliaments of the Beneficiaries, allowing for an interactive interinstitutional dialogue at least every three months with relevant cabinet members is key to enable transparency both for elected officials, as well as to the press and public. Reporting enabling oversight should also be provided as part of the yearly approval of the budget of the Beneficiaries.
Amendment 289 #
2023/0397(COD)
Proposal for a regulation
Recital 53
Recital 53
(53) The communication capacities of the Beneficiaries should be enhanced in order to ensure strong and free pluralistic media and public support for andto promote the understanding of Union values and the benefits and obligations of potential Union membership, while addressing disinformation and information manipulation. Visibility of the Union funding should also be ensured.
Amendment 291 #
2023/0397(COD)
Proposal for a regulation
Article 1 – paragraph 2
Article 1 – paragraph 2
2. The Facility shall provide assistance to the Western Balkans for the delivery of inclusive and sustainable socio-economic reforms and investments contributing to reaching climate neutrality by 2050 latest, to implement their respective Reform Agendas, as set out in Chapter III.
Amendment 293 #
2023/0397(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 1
Article 2 – paragraph 1 – point 1
1. ‘Beneficiary’ means any of the following: Albania, Bosnia and Herzegovina, Kosovo17 , Montenegro, North Macedonia and Serbia. _________________ 17 *This designation is without prejudice to positions on status, and is in line with UNSCR 1244/1999 and the ICJ Opinion on the Kosovo declaration of independence
Amendment 296 #
2023/0397(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point a
Article 3 – paragraph 1 – point a
(a) accelerate regional economic integration, social and territorial cohesion, and progressive integration with the Union single market;
Amendment 297 #
2023/0397(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point b
Article 3 – paragraph 1 – point b
(b) accelerate the socio-economic convergence of Beneficiaries’ economies with the Union and in particular the decarbonisation of their economies;
Amendment 307 #
2023/0397(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point a
Article 3 – paragraph 2 – point a
(a) accelerate the transition of the Beneficiaries to sustainable, climate- neutral and inclusive economies, capable of withstanding competitive market pressures of the Union single market, and to a stable investment environment;
Amendment 310 #
2023/0397(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point d
Article 3 – paragraph 2 – point d
(d) support regional economic integration, social and territorial cohesion, and enhanced integration with the EU single market through improved and sustainable connectivity in the region in line with Transeuropean Networks and the decarbonisation of transport;
Amendment 313 #
2023/0397(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point e
Article 3 – paragraph 2 – point e
(e) accelerate green transition to climate neutrality by 2050 at the latest, in accordance with the Paris Agreement and the Green Deal, in line with the 2020 Green Agenda for the Western Balkans and covering all economic sectors, particularly renewable energy, including the transition towards de- carbonised climate-neutral, climate- resilient and circular economy with emphasis on decentralised renewable energy networks, promoting climate neutrality and by prioritizing the use of materials ethically sourced locally; all investments shall be fully aligned and respect the EU climate acquis and especially the ‘Do No Significant Harm’ Principle;
Amendment 318 #
2023/0397(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point f
Article 3 – paragraph 2 – point f
(f) promote the digital transformation as an enabler for sustainable development and inclusive growthdevelopment;
Amendment 322 #
2023/0397(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point g
Article 3 – paragraph 2 – point g
(g) boost innovation, particularly for SMEs and start-ups and in support of the green and digital transitions;
Amendment 326 #
2023/0397(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point h
Article 3 – paragraph 2 – point h
(h) boost quality accessible and inclusive education, training, reskilling and upskilling, and employment policies, including policies to tackle youth employment;
Amendment 334 #
2023/0397(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point i
Article 3 – paragraph 2 – point i
(i) further strengthen the “fundamentals” of the enlargement process, including the rule of law, democracy, the respect of human rights and fundamental freedoms, through promoting an independent judiciary, reinforced security, the fight against fraud, corruption, organised crime andany types of corruption including high level corruption and oligarchic structures, any types of nepotism and favouritism and conflicts of interests, organised crime, money laundering and terrorism financing, tax evasion and tax fraud;, tax avoidance and tax fraud, and through promoting compliance with international law; strengthen freedom of media and academic freedom and an enabling environment for civil society; foster social dialogue; promote gender equality, non- discrimination and tolerance, to ensure and strengthen respect for the rights of persons belonging to minoritiesguarantee fundamental labour rights as enshrined in the Charter of Fundamental Rights and the relevant ILO conventions; promote gender equality, gender mainstreaming and the empowerment of women and girls, non-discrimination and tolerance, to ensure and strengthen respect for the rights of persons belonging to minorities including the Roma community, LGBTQI+ people and different vulnerable groups; it should enhance inclusion and accessibility for persons with disabilities, and in particular transition from institutional care to community-based support and independent living;
Amendment 344 #
2023/0397(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point j
Article 3 – paragraph 2 – point j
(j) reinforce the democratic institutions including regional and municipal representative bodies, and their powers of oversight and inquiry over the distribution of and access to public funds, as well as the effectiveness of public administration and support transparency, structural reforms and good governance at all levels, including in the areas of public financial management and public procurement and State aid control; support initiatives and bodies involved in supporting and enforcing international justice in the Western Balkans Beneficiaries. and ensure effective protection of whistle- blowers;
Amendment 349 #
2023/0397(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point j a (new)
Article 3 – paragraph 2 – point j a (new)
(ja) support initiatives and bodies involved in supporting and enforcing international justice in the Western Balkans Beneficiaries.
Amendment 350 #
2023/0397(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point j b (new)
Article 3 – paragraph 2 – point j b (new)
(jb) work towards good neighbourly relations and reconciliation to overcome the legacies of the past, including but not limited to ensuring access to truth and justice, as well as effective reparations to victims of war crimes, crimes against humanity and genocide;
Amendment 351 #
2023/0397(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point j c (new)
Article 3 – paragraph 2 – point j c (new)
(jc) support political and administrative decentralisation and local development, especially by ensuring meaningful consultation and a level playing field for all levels of government when accessing funds via open, fair, neutral, and transparent procedures;
Amendment 352 #
2023/0397(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point j d (new)
Article 3 – paragraph 2 – point j d (new)
(jd) promote transparency, public access to information including environmental information, and meaningful participation of regional and local authorities as well as civil society organisations and experts in legislative and decision-making processes ensuring democratic accountability and public scrutiny;
Amendment 353 #
2023/0397(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point j e (new)
Article 3 – paragraph 2 – point j e (new)
(je) facilitate the implementation of the Interoperable Europe Act which reinforces the public sector exchange of information across the Union and accelerate the digital transformation of Europe's public sector;
Amendment 354 #
2023/0397(COD)
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
1. Cooperation under the Facility shall be based on and shall promote the development effectiveness principles, across all modalities, namely ownership of development priorities by the Beneficiaries, a focus on results, inclusive partnerships, transparency and mutual accountability. The cooperation shall be based on effective and efficient resources allocation and use. All Beneficiaries shall take utmost care to avoid, report and counter any corrupt practices, nepotism, favouritism or undue regional or sectoral concentration of resource allocation or use.
Amendment 359 #
2023/0397(COD)
Proposal for a regulation
Article 4 – paragraph 2
Article 4 – paragraph 2
2. Support from the Facility shall be additional to the support provided under other Union programmes and instruments. Activities eligible for funding under this Regulation may receive support from other Union programmes and instruments provided that such support does not cover the same cost and that appropriate oversight and budget control is established.
Amendment 360 #
2023/0397(COD)
Proposal for a regulation
Article 4 – paragraph 3
Article 4 – paragraph 3
3. In order to promote the complementarity and efficiency of their action, the Commission and the Member States shall cooperate and shall strive to avoid duplication between assistance under this Regulation and other assistance provided by the Union, the Member States, third countries, multilateral and regional organisations and entities, such as international organisations and the relevant international financial institutions, agencies and non-Union donors, in line with the established principles for strengthening operational coordination in the field of external assistance, including through enhanced coordination with Member States at local level. The Commission shall facilitate the establishment and coordination of decentralised implementation frameworks and know- how for resource allocation and use.
Amendment 361 #
2023/0397(COD)
Proposal for a regulation
Article 4 – paragraph 4
Article 4 – paragraph 4
4. Activities under the Facility shall comply with the highest climate and environmental standards and the Reform Agendas shall be subject to Strategic Environmental Impact Assessment procedures in order to identify and properly mitigate potential negative environmental and social impacts. Activities under the Facility shall mainstream climate change mitigation and adaptation, biodiversity and environmental protection and conservation of ecosystems, high animal welfare standards, human rights, democracy, gender equality and, where relevant, disaster risk reduction and sustainable water management, and shall support progress towards the Sustainable Development Goals, promoting integrated actions that can create co-benefits and meet multiple objectives in a coherent way. They shall avoid stranded assets, and shall be guided by the principles of ‘do no significant harm’ and of ‘leaving no one behind’, as well as by the sustainability mainstreaming approach underpinning the European Green Deal.
Amendment 367 #
2023/0397(COD)
Proposal for a regulation
Article 4 – paragraph 5
Article 4 – paragraph 5
5. Beneficiaries and the Commission shall ensure that equality between men and women, gender mainstreaming and the integration of a gender prerspective are taken into account and promoted throughout the preparation of the Reform Agendas including Gender Impact Assessments and the implementation of the Facility. Beneficiaries and the Commission shall take appropriate steps to prevent any discrimination based upon gender, racial or ethnic origin, religion or belief, disability, age or sexual orientation. The Commission will report on these measures in the context of its regular reporting under the Gender Action Plans.
Amendment 371 #
2023/0397(COD)
Proposal for a regulation
Article 4 – paragraph 6
Article 4 – paragraph 6
6. The Facility shall not support activities or measures which are incompatible with the Beneficiaries’ National Energy and Climate Plans once aligned with climate neutrality by 2050 latest, their Nationally Determined Contribution under the Paris Agreement, and ambition to reach climate-neutrality by 2050 or that promote investments in fossil fuels, or that cause significant adverse effects on the environment or the climateclimate or biodiversity or any investment that is a stranded asset.
Amendment 374 #
2023/0397(COD)
Proposal for a regulation
Article 4 – paragraph 7
Article 4 – paragraph 7
7. The Commission, in cooperation with the Member States and the Beneficiaries, shall contribute toensure the implementation of Union commitments to increased transparency and accountability in the delivery of assistance, including the full implementation of the Aarhus Convention, and by promoting the implementation and reinforcement of internal control systems and anti-fraud policies, and by making. The Commission shall make the information on the volume and allocation of assistance available through web-based databasespublically available online including a list of persons and legal entities receiving a cumulative amounts higher than 50 000 EUR, and shall ensure that data is up-to-date comparable and can be easily accessed, shared and published and available in machine readable format and comparable format.
Amendment 378 #
2023/0397(COD)
Proposal for a regulation
Article 4 – paragraph 7 a (new)
Article 4 – paragraph 7 a (new)
7a. In line with the EU Partnership Principle and the EU Code of Conduct, the Commission and the Beneficiaries shall ensure that the relevant stakeholders, including the Parliaments of the Western Balkans, local and regional authorities, social partners and civil society organisations, are duly and fairly consulted and have timely access to relevant information to allow them to meaningfully participate in shaping the design, implementation of activities eligible for funding under this Facility, and in the related monitoring, scrutiny and evaluation processes. Such involvement shall seek to represent the pluralism of the society in the Western Balkans.
Amendment 379 #
2023/0397(COD)
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
1. Preconditions for the support under the Facility shall be that the Beneficiaries continue to uphold and respect effective democratic mechanisms, including a multi-party parliamentary system, and the rule of law, and guarantee respect for all human rights obligations, including the rights of persons belonging to minorities. Another pre-condition shall be that Serbia and Kosovo engage constructively in the normalisation of their relations with a view to fully implementing all their respective obligations stemming from the Agreement on the Path to Normalisation and its Implementation Annex as well as all past Dialogue Agreements and engage in negotiations on the Comprehensive Agreement on normalisation of relationsthe Copenhagen criteria for EU accession, notably the stability of institutions guaranteeing democracy, the rule of law, human rights and respect for and protection of minorities. In particular, the Beneficiaries need to demonstrate their compliance with the values of Article 2 of the Treaty on European Union (TEU), a multi-party parliamentary democratic system, including with appropriate checks and balances, good governance at all levels, free and fair elections in line with the domestic law of the Beneficiaries and European and international democratic standards, an independent judiciary and public prosecutor and respect for human rights, including but not limited to freedom of speech and media freedom. Another precondition for the support under this Facility shall be the full alignment of the Beneficiaries with the EU’s Common Foreign and Security Policy, in particular the effective adoption and implementation of restrictive measures against Russia.
Amendment 394 #
2023/0397(COD)
Proposal for a regulation
Article 5 – paragraph 2
Article 5 – paragraph 2
2. The Commission shall monitor the fulfilment of the preconditions set out in paragraph 1 before funds are released to the Beneficiaries under the Facility and throughout the period of the support provided under the Facility taking duly into account the latest Enlargement Package, as well as relevant international organisations including OSCE/ODIHR and the Venice Commission and the relevant reports and resolutions of the European Parliament. The Commission may adopt a decision concluding that some of these preconditions are not met, and in particular, shall withhold the release of funds referred to in Article 21, if such a decision is taken ,irrespective of the fulfilment of payment conditions referred to in Article 16(3). In case of persistent lack of progress, serious deficiencies and/or regression in the area of the “fundamentals”, the Commission, after consulting the European Parliament and the Council, shall suspend the funding to the Beneficiaries concerned. The Commission’s assessment shall be transmitted simultaneously to the European Parliament and the Council.
Amendment 401 #
2023/0397(COD)
Proposal for a regulation
Article 6 – paragraph 2 – point a
Article 6 – paragraph 2 – point a
(a) 98.57% in the form of non-repayable financial support to the Beneficiaries for the implementation of the Reform Agendas;
Amendment 403 #
2023/0397(COD)
Proposal for a regulation
Article 6 – paragraph 2 – point b
Article 6 – paragraph 2 – point b
(b) 1.53% for expenditure pursuant to paragraph 6.
Amendment 407 #
2023/0397(COD)
Proposal for a regulation
Article 6 – paragraph 6
Article 6 – paragraph 6
6. The resources referred to in paragraph 2 point (b) may be used for technical and administrative assistance for the implementation of the Facility, such as preparatory actions, monitoring, control, audit and evaluation activities, which are required for the management of the Facility and the achievement of its objectives, in particular studies, meetings of experts, trainings, consultations with the Beneficiary authorities, conferences, consultation of stakeholders, including local and regional authorities and civil society organisations, information and communication actions, including inclusive outreach actions, and corporate communication of the political priorities of the Union, insofar as they are related to the objectives of this Regulation, expenses linked to IT networks focusing on information processing and exchange, corporate information technology tools, as well as all other expenditure at headquarters and Union delegations for the administrative and coordination support needed for the Facility. Finally, expenses may also cover the costs of other supporting activities such as quality control and monitoring of projects or programmes on the ground and the costs of peer counselling and experts for the assessment and implementation of reforms and investments.
Amendment 421 #
2023/0397(COD)
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. The Commission shall conclude a Facility Agreement with each Beneficiary for the implementation of the Facility setting out the obligations and payment conditions of the Beneficiaries for the disbursement of Facility funding following public consultation and the positive assessment of the national parliament.
Amendment 425 #
2023/0397(COD)
Proposal for a regulation
Article 9 – paragraph 3
Article 9 – paragraph 3
3. Funding, including pre financing, shall only be granted to the Beneficiaries after a positive assessment by the Commission of fulfilment of the preconditions in Article 5, and the respective Facility Agreements and the applicable loan agreements have entered into force.
Amendment 427 #
2023/0397(COD)
Proposal for a regulation
Article 9 – paragraph 4
Article 9 – paragraph 4
4. The Facility Agreement and the loan agreements concluded with each of the Beneficiaries, and agreements concluded with person or entities receiving Union funds, shall ensure that the obligations set out in Article 129 of Regulation (EU, Euratom) 2018/1046 are fulfilled. The Facility Agreements, including any related documentation, shall be transmitted to the European Parliament and the Council simultaneously and without delay and shall be made public.
Amendment 429 #
2023/0397(COD)
Proposal for a regulation
Article 9 – paragraph 5 – point a
Article 9 – paragraph 5 – point a
(a) the commitment of the Beneficiary to progress towardsstrictly prioritise the establishment of more efficient and effective control systems, which are able to effectively prevent, detect, investigate and correct irregularities, fraud, corruption and conflict of interests as well as to avoid, report and counter any corrupt practices, nepotism, favouritism or undue regional or sectoral concentration of resource allocation or use and to and to strengthen the fight against money laundering, terrorism financing, tax avoidance, tax fraud or tax evasion and other illegal activities affecting the funds provided under the Facility;
Amendment 430 #
2023/0397(COD)
Proposal for a regulation
Article 9 – paragraph 5 – point a a (new)
Article 9 – paragraph 5 – point a a (new)
(aa) the establishment of a monitoring committee to coordinate the involvement of civil society and experts in the evaluation and monitoring of the allocation and use of resources, in line with the European Code of Conduct on Partnerships;
Amendment 432 #
2023/0397(COD)
Proposal for a regulation
Article 9 – paragraph 5 – point d
Article 9 – paragraph 5 – point d
(d) the rules on reporting to the Commission on whether and how the payment conditions referred to in Article 12 are fulfilled, including by allowing the examination of the fulfilment of milestones and targets connected to reforms and investment;
Amendment 433 #
2023/0397(COD)
Proposal for a regulation
Article 9 – paragraph 5 – point e a (new)
Article 9 – paragraph 5 – point e a (new)
(ea) the recognition of the responsibilities of the Audit Board referred to in Article XX, and the modalities of the Western Balkans Beneficiaries’ cooperation with it;
Amendment 434 #
2023/0397(COD)
Proposal for a regulation
Article 9 – paragraph 5 – point f
Article 9 – paragraph 5 – point f
(f) the measures to prevent, detect, investigate and correct irregularities, fraud, corruption and conflicts of interest, and the obligation to notify the Audit Board, the Commission and OLAF and when applicable EPPO without delay of suspected or actual cases of irregularities, fraud, corruption and conflict of interests and their follow- up;
Amendment 436 #
2023/0397(COD)
Proposal for a regulation
Article 9 – paragraph 5 – point g
Article 9 – paragraph 5 – point g
(g) the obligations referred to in Articles 22 and 23, including precise rules and timeframe on collection of data by the Beneficiary and access for the Commission and OLAF, European Court of Auditors, and where applicable EPPO;
Amendment 438 #
2023/0397(COD)
Proposal for a regulation
Article 9 – paragraph 5 – point g a (new)
Article 9 – paragraph 5 – point g a (new)
(ga) the commitment of the Beneficiaries to respecting the ‘do no significant harm’ principle, in line with Regulation 2020/852, for all expenditure under this Regulation;
Amendment 440 #
2023/0397(COD)
Proposal for a regulation
Article 9 – paragraph 5 – point g b (new)
Article 9 – paragraph 5 – point g b (new)
(gb) to provide a similar level of access to information and authority to carry out on-the-spot controls as the Commission and the Court of Auditors to the independent external auditor appointed by the Audit Board;
Amendment 443 #
2023/0397(COD)
Proposal for a regulation
Article 10 – paragraph 2
Article 10 – paragraph 2
2. The Commission shall informsubmit to the European Parliament and the Council ofthe information on commitment appropriations carried over, including the amounts involved, in accordance with Article 12(6) of Regulation (EU, Euratom) 2018/1046.
Amendment 446 #
2023/0397(COD)
Proposal for a regulation
Article 11 – paragraph 2
Article 11 – paragraph 2
2. The Reform Agendas shall set out the reforms to be undertaken by the Beneficiary, as well as investment areas, towards the achievement of the general and specific objectives set out in Article 3 and general principles set out in Article 4 with specific milestones and targets. The Reform Agendas shall comprise measures for the implementation of reforms through a comprehensive and coherent package including ensuring adherence to the ‘do no significant harm’ principle. In the areas of the 'fundamentals', including the rule of law, the fight against corruption including high level corruption, fundamental rights and the freedom of expression, the Reform Agendas shall reflect the assessments in the most recent Enlargement Package, as well as of the relevant international organisations including, OSCE/ODIHR and the Venice Commission and the relevant reports and resolutions from the European Parliament.
Amendment 453 #
2023/0397(COD)
Proposal for a regulation
Article 11 – paragraph 4
Article 11 – paragraph 4
4. The Reform Agendas shall be consistent with and support the reform priorities identified in the context of the Beneficiary’s accession path, and other relevant documents, such as the Stabilisation and Association Agreement, the National Energy and Climate Plan as revised to be in line with Climate Neutrality by 2050, the Nationally Determined Contribution under the Paris Agreement and the ambition to reach climate neutrality by 2050.
Amendment 460 #
2023/0397(COD)
Proposal for a regulation
Article 12 – paragraph 1 – subparagraph 1
Article 12 – paragraph 1 – subparagraph 1
The Facility shall incentivise the implementation of the Reform Agenda of each Beneficiary by putting payment conditions on the release of funds. These payment conditions shall apply to funds under Article 6(2) point (a) and Article 6(3) and shall take the form of measurable qualitative or quantitative steps and be linked to the achievement of concrete milestones and targets. Such steps shall reflect progress on specific socio-economic reforms, including on fundamentals of the enlargement process and rule of law, linked to the achievement of the different objectives of the Facility, set out in Article 3, consistent with the latest Enlargement Package.
Amendment 466 #
2023/0397(COD)
Proposal for a regulation
Article 13 – paragraph 1 – point a
Article 13 – paragraph 1 – point a
(a) measures constituting a coherent, comprehensive and adequately balanced response to the objectives set out in Article 3, including structural reforms, investmen the form of milestones and targets, and measures to ensure compliance with preconditions if appropriate;
Amendment 468 #
2023/0397(COD)
Proposal for a regulation
Article 13 – paragraph 1 – point b
Article 13 – paragraph 1 – point b
(b) an explanation of how the measures are consistent with the general principles referred to in Article 4, as well as the requirements, strategies, plans and programmes referred to in Article 11;
Amendment 469 #
2023/0397(COD)
Proposal for a regulation
Article 13 – paragraph 1 – point c
Article 13 – paragraph 1 – point c
(c) an explanation of the extent to which the measures are expected to contribute to climate, biodiversity and environmental as well as higher animal welfare standards objectives of Beneficiaries, how these measures are adhering to the EU climate acquis and how the measures shall contribute to the achievement of the overall target of ensuring that at least 50 % of the financial envelope shall contribute to the green transition or to addressing the challenges resulting therefrom, as well as an explanation of how the Reform Agendas ensures that no measure for the implementation of reforms and investments included in the Reform Agendas does no significant harm to environmental objectives within the meaning of Article 17 of Regulation (EU) 2020/852 (the principle of ‘do no significant harm’), as well as how the measures contribute to inclusive social convergence objectives;
Amendment 472 #
2023/0397(COD)
Proposal for a regulation
Article 13 – paragraph 1 – point c a (new)
Article 13 – paragraph 1 – point c a (new)
(ca) an explanation of how Beneficiaries have taken utmost care to avoid, report and counter any corrupt practices, favouritism or undue regional or sectoral concentration of resource allocation, as well as an explanation of which measures the Beneficiaries have taken to fight against fraud, any types of corruption including high level corruption, any types of nepotism and favouritism and conflicts of interests, organised crime and money laundering and terrorism financing, tax evasion, tax avoidance and tax fraud and to ensure compliance with international law;
Amendment 473 #
2023/0397(COD)
Proposal for a regulation
Article 13 – paragraph 1 – point c b (new)
Article 13 – paragraph 1 – point c b (new)
(cb) an explanation of the measures taken by the Beneficiaries to strengthen the freedom of media and academic freedom and to ensure an enabling environment for civil society;
Amendment 474 #
2023/0397(COD)
Proposal for a regulation
Article 13 – paragraph 1 – point c c (new)
Article 13 – paragraph 1 – point c c (new)
(cc) An explanation of how the measures under the Reform Agendas ensure effective protection of whistleblowers;
Amendment 475 #
2023/0397(COD)
Proposal for a regulation
Article 13 – paragraph 1 – point d
Article 13 – paragraph 1 – point d
(d) for the reforms and investments, an indicative timetable, and the envisaged payment conditions for release of funds in the form of measurable qualitative and quantitative steps in the form of concrete milestones and targets to be implemented by 31 August 2027 at the latest;
Amendment 477 #
2023/0397(COD)
Proposal for a regulation
Article 13 – paragraph 1 – point f
Article 13 – paragraph 1 – point f
(f) an explanation of the Beneficiary’s system to effectively prevent, detect and correct irregularities, fraud, corruption and conflicts of interests and to enforce State aid control rules ensure an adequate level of protection of the EU financial interests by applying comparable standards as provided for in Regulation (EU, Euratom) 2018/1046;
Amendment 479 #
2023/0397(COD)
Proposal for a regulation
Article 13 – paragraph 1 – point f a (new)
Article 13 – paragraph 1 – point f a (new)
(fa) an explanation of how the Reform Agendas ensure that the measures will promote the digital transformation as an enabler for inclusive sustainable development and boost innovation, particularly for SMEs and start-ups and in support of the green and digital transitions and how it will boost quality and inclusive education, training, reskilling and upskilling, and employment policies as well as to social cohesion, equality and inclusion of vulnerable groups;
Amendment 481 #
2023/0397(COD)
Proposal for a regulation
Article 13 – paragraph 1 – point f b (new)
Article 13 – paragraph 1 – point f b (new)
(fb) an explanation of how the measures under the Reforms Agendas are expected to promote gender equality, gender mainstreaming and the overall empowerment of women and girls, non- discrimination and tolerance, to ensure and strengthen respect for the rights of persons belonging to minorities including the Roma community, LGBTQI+ people and different vulnerable groups;
Amendment 483 #
2023/0397(COD)
Proposal for a regulation
Article 13 – paragraph 1 – point f c (new)
Article 13 – paragraph 1 – point f c (new)
(fc) An explanation of how the measures under the Reforms Agendas reinforce the democratic institutions including regional and municipal representative bodies, and their powers of oversight and inquiry over the distribution of and access to public funds, the effectiveness of public administration and support of transparency, structural reforms and good governance at all levels, including in the areas of public financial management and public procurement and State aid control;
Amendment 484 #
2023/0397(COD)
Proposal for a regulation
Article 13 – paragraph 1 – point f d (new)
Article 13 – paragraph 1 – point f d (new)
(fd) an explanation of and how the Beneficiaries support initiatives and bodies involved in supporting and enforcing international justice in the Western Balkans Beneficiaries as well as how they work towards good neighbourly relations and sustainable reconciliation to overcome the legacies of the past, including but not limited to ensuring access to truth and justice, as well as effective reparations to victims of war crimes, crimes against humanity and genocide;
Amendment 485 #
2023/0397(COD)
Proposal for a regulation
Article 13 – paragraph 1 – point f e (new)
Article 13 – paragraph 1 – point f e (new)
(fe) An explanation of how the measures under the Reforms Agendas support political and administrative decentralisation and local development, especially by ensuring meaningful consultation and meaningful participation of regional and local authorities as well as civil society organisations and experts in legislative and decision- making processes ensuring democratic accountability and public scrutiny; improvement of interoperability between the public sector and the speeding-up of the digital transformation;
Amendment 486 #
2023/0397(COD)
Proposal for a regulation
Article 13 – paragraph 2
Article 13 – paragraph 2
2. The Reform Agendas shall be results-based and include indicators for assessing progress towards the achievement of the general and specific objectives set out in. These indicators shall be based, where appropriate and relevant, on internationally agreed indicators and those already available related to Beneficiaries' policies. Indicators shall also be coherent to the extent possible, with the key corporate indicators included in the Instrument for Pre-Accession assistance (IPA III) Results Framework, in the EFSD+ Results Measurement Framework and in the WBIF and shall also include indicators on consultation and transparency.
Amendment 490 #
2023/0397(COD)
Proposal for a regulation
Article 14 – paragraph 3 – point a
Article 14 – paragraph 3 – point a
(a) whether the Reform Agenda represents a relevant, comprehensive, coherent and adequately balanced response to the objectives set out in Article 3, as well as the general principles referred to in Article 4 ;
Amendment 492 #
2023/0397(COD)
Proposal for a regulation
Article 14 – paragraph 3 – point b a (new)
Article 14 – paragraph 3 – point b a (new)
(ba) whether the arrangements proposed by the Beneficiaries will be sufficient to avoid, report and counter any corrupt practices, favouritism or undue regional or sectoral concentration of resource allocation;
Amendment 494 #
2023/0397(COD)
Proposal for a regulation
Article 14 – paragraph 3 – point c a (new)
Article 14 – paragraph 3 – point c a (new)
(ca) whether the reforms and investments in the Reform Agenda can be expected to contribute to the achievement of the overall target of ensuring the contribution of at least 50 % of the financial envelope to the climate and the environment calculated in accordance with Annex VI of Regulation 2021/241 Establishing the Recovery and Resilience Facility and thus to the green transition or to addressing the challenges resulting therefrom, as well how the Reform Agendas ensures that no measure for the implementation of reforms and investments included does significant harm to environmental objectives within the meaning of Article 17 of Regulation (EU) 2020/852 (the principle of ‘do no significant harm’) and does not finance stranded assets; as well as whether the reforms and investment in the Reform Agenda can be expected to contribute to the achievement of inclusive social convergence objectives;
Amendment 496 #
2023/0397(COD)
Proposal for a regulation
Article 14 – paragraph 3 – point c b (new)
Article 14 – paragraph 3 – point c b (new)
(cb) whether the arrangements have taken utmost care to avoid, report and counter any corrupt practices, favouritism or undue regional or sectoral concentration of resource allocation, as well as whether the Reform Agenda strengthens the fight against fraud, any types of corruption including high level corruption, any types of nepotism and favouritism and conflicts of interests, organised crime and money laundering and terrorism financing, tax evasion, tax avoidance and tax fraud and ensures compliance with international law;
Amendment 498 #
2023/0397(COD)
Proposal for a regulation
Article 14 – paragraph 3 – point c c (new)
Article 14 – paragraph 3 – point c c (new)
(cc) whether the Reform Agenda can be expected to sufficiently achieve the strengthening of the freedom of media and academic freedom and to ensure an enabling environment for civil society;
Amendment 499 #
2023/0397(COD)
Proposal for a regulation
Article 14 – paragraph 3 – point c d (new)
Article 14 – paragraph 3 – point c d (new)
(cd) whether the Reform Agendas ensure that its measures will promote the digital transformation as an enabler for sustainable development and inclusive development and boost innovation, particularly for SMEs and start-ups and in support of the green and digital transitions and how it will boost quality and inclusive education, training, reskilling and upskilling, and employment policies and contribute to the objectives of social cohesion, equality and the inclusion of vulnerable groups;
Amendment 500 #
2023/0397(COD)
Proposal for a regulation
Article 14 – paragraph 3 – point c e (new)
Article 14 – paragraph 3 – point c e (new)
(ce) whether the measures under the Reforms Agendas are expected to promote gender equality, gender mainstreaming and the overall empowerment of women and girls, non-discrimination and tolerance, to ensure and strengthen respect for the rights of persons belonging to minorities including the Roma community and LGBTQI+ people;
Amendment 501 #
2023/0397(COD)
Proposal for a regulation
Article 14 – paragraph 3 – point g
Article 14 – paragraph 3 – point g
(g) whether the arrangements proposed by the Beneficiary are expected to effectively prevent, detect and correct irregularities, fraud, corruption and conflicts of interests and achieve an adequate level of protection of EU financial interests by applying at least comparable standards as provided for in Regulation (EU, Euratom) 2018/1046, when using the funds provided under the Facility, and ensure that there is no double funding from the Facility and other Union programmes as well as other donors from the Facility and other Union programmes as well as other donors.
Amendment 502 #
2023/0397(COD)
Proposal for a regulation
Article 14 – paragraph 3 – point g a (new)
Article 14 – paragraph 3 – point g a (new)
(ga) whether the measures under the Reform Agendas reinforce the democratic institutions including regional and municipal representative bodies, and their powers of oversight and inquiry over the distribution of and access to public funds, the effectiveness of the public administration and support of transparency, structural reforms and good governance at all levels, including in the areas of public financial management and public procurement and State aid control;
Amendment 503 #
2023/0397(COD)
Proposal for a regulation
Article 14 – paragraph 3 – point g b (new)
Article 14 – paragraph 3 – point g b (new)
(gb) whether the Reform Agendas support initiatives and bodies involved in supporting and enforcing international justice in the Western Balkans Beneficiaries as well as work towards good neighbourly relations and sustainable reconciliation to overcome the legacies of the past, including but not limited to ensuring access to truth and justice, as well as effective reparations to victims of war crimes, crimes against humanity and genocide;
Amendment 504 #
2023/0397(COD)
Proposal for a regulation
Article 14 – paragraph 3 – point g c (new)
Article 14 – paragraph 3 – point g c (new)
(gc) whether the Reform Agendas support political and administrative decentralisation and local development, especially by ensuring meaningful consultation and meaningful participation of regional and local authorities as well as civil society organisations and experts in legislative and decision-making processes ensuring democratic accountability and public scrutiny;
Amendment 505 #
2023/0397(COD)
Proposal for a regulation
Article 14 – paragraph 3 – point g d (new)
Article 14 – paragraph 3 – point g d (new)
(gd) whether the Reform Agendas measures ensure effective protection of whistleblowers;
Amendment 507 #
2023/0397(COD)
Proposal for a regulation
Article 15 – title
Article 15 – title
Commission implementing decisiondelegated act
Amendment 509 #
2023/0397(COD)
Proposal for a regulation
Article 15 – paragraph 1
Article 15 – paragraph 1
1. In case of a positive assessment, the Commission shall approve by means of an implementing decision delegated act the Reform Agenda submitted by the Beneficiary, in accordance with Article 14 or, where applicable, of its amendment submitted in accordance with Article 16. That implementing decision shall be adopted in accordance with the examination procedure referred to in Article 27(2).
Amendment 511 #
2023/0397(COD)
Proposal for a regulation
Article 15 – paragraph 2
Article 15 – paragraph 2
2. The Commission implementing decisiondelegated act shall set out the reforms to be implemented by the Beneficiary, the investment areas to be supported and the payment conditions stemming from the Reform Agenda, including the indicative timetable.
Amendment 512 #
2023/0397(COD)
Proposal for a regulation
Article 15 – paragraph 3 – introductory part
Article 15 – paragraph 3 – introductory part
3. The Commission implementing decisiondelegated act shall also lay down:
Amendment 515 #
2023/0397(COD)
Proposal for a regulation
Article 16 – paragraph 2
Article 16 – paragraph 2
2. The Commission may amend the implementing decisiondelegated act, in particular to take into account a change of the amounts available in line with the principles under Article 21.
Amendment 517 #
2023/0397(COD)
Proposal for a regulation
Article 16 – paragraph 3
Article 16 – paragraph 3
3. Where the Commission considers that the reasons put forward by the Beneficiary justify an amendment to the Reform Agenda, the Commission shall assess the amended Agenda in accordance with Article 14 and may amend the implementing decisiondelegated act referred to in Article 15(1) without undue delay.
Amendment 521 #
2023/0397(COD)
Proposal for a regulation
Article 19 – paragraph 4
Article 19 – paragraph 4
4. At least 3750% of the non-repayable financial support channelled through the WBIF shall account to climate objectives, calculated in accordance with Annex VI of Regulation 2021/241 Establishing the Recovery and Resilience Facility.
Amendment 525 #
2023/0397(COD)
Proposal for a regulation
Article 21 – paragraph 7
Article 21 – paragraph 7
7. The Commission may reduce the amount of the non-repayable financial support, including by offsetting in line with Article 102 of Regulation (EU, Euratom) 2018/1046, or of the loan, in the event of identified cases of, or serious concerns in relation to, irregularities, fraud, corruption and conflicts of interests affecting the financial interests of the Union that have not been corrected by the Beneficiary, or a serious breach of an obligation resulting from the Facility Agreements or from the Loan Agreements, including on the basis of information provided by OLAF. Information about such decisions needs to be transferred to the European Parliament and the Council.
Amendment 532 #
2023/0397(COD)
Proposal for a regulation
Article 22 – paragraph 2 – point b
Article 22 – paragraph 2 – point b
(b) take appropriate measures to prevent, detect and correct fraud, corruption, conflicts of interests and irregularities affecting the financial interests of the Union, to detect and avoid double funding and to take legal actions to recover funds that have been misappropriated, including in relation to any measure for the implementation of reforms and investment projects or programmes under the Reform Agendas;
Amendment 533 #
2023/0397(COD)
Proposal for a regulation
Article 22 – paragraph 2 – point c
Article 22 – paragraph 2 – point c
(c) for the purpose of paragraph 1 of this Article, in particular for checks on the use of funds in relation to the implementation of reforms in the Reform Agendas, to ensure the collection of, and access to, in compliance with EU data protection principles and with applicable data protection rules, adequate data on persons and entities receiving funding, including beneficial ownership information, for the implementation of measures of the Reform Agenda under chapter III;
Amendment 539 #
2023/0397(COD)
Proposal for a regulation
Article 22 a (new)
Article 22 a (new)
Article 22a Audit Board 1. The Commission shall establish an Audit Board before the submission by the Western Balkans Beneficiaries of the first payment request. 2. The Audit Board shall be composed of independent members appointed by the Commission. Representatives of Member States and other donors may be invited by the Commission to participate in the activities of the Audit Board. 3. At least one-fifth of the Audit Board should be composed of Beneficiaries’ nationals, given they have proven high professional competence and integrity and have no personal or professional affiliation to Beneficiaries’ authorities or officials as well as demonstrably independent international experts with a proven track record of understanding of the Beneficiaries’ economy and political system. 4. The Audit Board shall exercise its functions in complete objectivity and operate in compliance with best applicable international practices and standards. It shall act without prejudice to the powers of the Commission, OLAF, the Court of Auditors and, where applicable, the EPPO. 5. The Audit Board shall appoint an independent external auditor that provides an annual statement of assurance on the declarations by the Beneficiaries authorities that accompany a request for payment. It shall also approve the annual work plan of the independent external auditor. 6. The Audit Board shall decide on recommendations to the Commission and the Beneficiaries’ authorities on amounts to be recovered following the findings of the independent external auditor, and inform the Commission and the Beneficiaries’ authorities of those recommendations. 7. The Audit Board shall ensure regular dialogue and cooperation with the European Court of Auditors. 8. In carrying out their duties, the Audit Board, its members and its staff shall neither seek nor take instructions from the Beneficiaries’ governments or any institution, body, office or agency. Strong guarantees of independence shall apply for the selection of its staff, management and budget. 9. The Audit Board shall assist the Commission in fighting mismanagement of Union funding under the Facility and in particular fraud, corruption, conflict of interests and irregularities incurred in relation to any amount spent to achieve the objectives of the Facility. 10. For that purpose, the Audit Board shall regularly report to the Commission and the relevant committees of the European Parliament and the Council, and transmit to the Commission without delay any information it obtains or is made aware of, on any identified cases of, or serious concerns in relation to, mismanagement of public funding incurred in relation with any amount spent to achieve the objectives of the Facility, including its performance. In accordance with Article 24(1) of Regulation (EU) 2017/1939, the Audit Board shall report to the EPPO any criminal conduct in respect of which the latter could exercise its competence. In accordance with Article 24(1) of Regulation (EU) 2017/1939, the Audit Board shall report to the EPPO any criminal conduct in respect of which the latter could exercise its competence. In addition, the Audit Board shall adopt recommendations to the Beneficiaries on all cases where in its view competent Beneficiaries’ authorities have not taken the necessary steps to prevent, detect and correct fraud, corruption, conflict of interests and irregularities that have affected or seriously risk affecting the sound financial management of the expenditure financed under the Facility and in all cases where it identifies weaknesses affecting the design and functioning of the control system put in place by the Beneficiaries’ authorities. The Beneficiaries shall implement such recommendations, or provide a justification on why it has not done so. The reports of, and information from, the Audit Board shall also be sent to OLAF, and where applicable to the EPPO, and may be shared with the relevant Beneficiaries’ authorities, especially in case they need to take steps to prevent, detect and correct fraud, corruption, conflict of interests and irregularities, including its performance, as well as to investigate and prosecute criminal offences affecting the financial interests of the Union. 11. The Audit Board shall have access to information, databases and registries required to carry out its tasks. The facility agreement referred to in Article 9 shall define rules and details for the access to relevant information by the Audit Board and the provision of relevant information by the Beneficiaries to the Audit Board. 12. The Audit Board may assist the Commission in supporting the Beneficiaries with capacity building activities in the field of fight against mismanagement of public funding.13. The functioning of the Audit Board shall be funded under Article 6 paragraph 2 (b), including the funding for the appointed independent external auditor.
Amendment 542 #
2023/0397(COD)
Proposal for a regulation
Article 24 – paragraph 3
Article 24 – paragraph 3
3. The Commission shall provide an annual report to the European Parliament and the Council on progress towards the achievement of the objectives of this Regulation and the adherence to the general principles in Article 4.
Amendment 543 #
2023/0397(COD)
Proposal for a regulation
Article 24 a (new)
Article 24 a (new)
Article 24a Western Balkans Facility Regular dialogue 1. In order to enhance the dialogue between the Union institutions, in particular the European Parliament, the Council and the Commission, and to ensure greater transparency and accountability, the competent committees of the European Parliament may invite the Commission and the relevant EU authorities and agencies every 6 months to discuss the following matters: (a) the state of implementation of the Facility (b) the status and assessment of the Facility Agreement; (c) the status of the involvement of all stakeholders, especially the national Parliaments (d) the main findings of the monitoring activities defined in this Regulation, including the annual report as defined in Article 24; (e) the status of fulfilment of the milestones and targets of the Facility Agreements; (f) payment, suspension and emergency procedures, including any observation presented and remedial measures taken by Beneficiaries to ensure a satisfactory fulfilment of the milestones and targets; (g) any other relevant information and documentation provided by the Commission to the competent committee of the European Parliament in relation to the implementation of the Facility. 2. The European Parliament may express its views in resolutions as regards the matters referred to in paragraph 1. 3. The Commission shall take into account any elements arising from the views expressed through the Western Balkans Facility Regular dialogue, including the resolutions from the European Parliament if provided, also in its assessments and drafts Council Implementing Decisions. 4. The scoreboard referred to in Article XX may serve as a basis for the dialogue.
Amendment 545 #
2023/0397(COD)
Proposal for a regulation
Article 24 b (new)
Article 24 b (new)
Article 24b Western Balkans Facility Scoreboard 1. The Commission shall establish a WBF scoreboard (the ‘Scoreboard’), which shall display the progress of the implementation of the reform agendas of the beneficiaries in each of objectives referred to in Article 3. The Scoreboard shall constitute the performance reporting system of the Facility. 2. The Commission shall be empowered to adopt a delegated act in accordance with Article 26 to supplement this Regulation by defining the detailed elements of the Scoreboard with a view to displaying the progress of the implementation of the Facility as referred to in paragraph 1. 3. The Scoreboard shall be operational by December 2024 and shall be continuously updated by the Commission, as soon as performance information and other essential documents described in article 24a.4 become available. The Scoreboard shall be made publicly available on a website or internet portal. 4. The Scoreboard shall also present the key documents, such as the Reform Agenda’s, the Commission’s assessments of the Reform Agenda’s, the payment requests from the Beneficiaries, the Commission’s assessment of the fulfilment of payment conditions, the implementing decision of the reform agendas and the decisions authorising the release of funds. 5. The Scoreboard shall also present information on the final recipients of funds from this Facility.
Amendment 546 #
2023/0397(COD)
Proposal for a regulation
Article 25 – paragraph 1
Article 25 – paragraph 1
1. After 31 December 2027, but by 31 December 2031 at the latest, the Commission shall carry out an ex-post evaluation of the Regulation by means of an independent external evaluation. That ex-post evaluation shall assess the Union contribution to the achievement of the objectives of this Regulation. The Commission shall take due account of proposals by the European Parliament or the Council for this independent external evaluation.
Amendment 547 #
2023/0397(COD)
Proposal for a regulation
Article 25 – paragraph 2 – subparagraph 2
Article 25 – paragraph 2 – subparagraph 2
The Commission shall communicate the findings and conclusions of this ex-post evaluation accompanied by its observations and follow-up, to the European Parliament, the Council and the Member States. This ex-post evaluation may be discussed at the request of Member States or the European Parliament. The results shall feed into the preparation of future programmes and actions and resource allocation. This ex- post evaluation and follow-up shall be made publicly available.
Amendment 548 #
2023/0397(COD)
Proposal for a regulation
Article 25 – paragraph 2 – subparagraph 3
Article 25 – paragraph 2 – subparagraph 3
The Commission shall, to an appropriate extent, associate all relevant stakeholders, including Beneficiaries, social partners, civil society organisations regional and local authorities in the evaluation process of the Union’s funding provided under this Regulation, and may, where appropriate, seek to undertake joint evaluations with the Member States and other partners with close involvement of the Beneficiaries.
Amendment 549 #
2023/0397(COD)
Proposal for a regulation
Article 26 – paragraph 2
Article 26 – paragraph 2
2. The power to adopt delegated acts referred to in Article 18s 13, 15, 16, 18, 19, 20, 21 and 24 shall be conferred on the Commission for an indeterminate period from the date of entry into force of this Regulation.
Amendment 2 #
2023/0264(BUD)
Draft opinion
Paragraph 1
Paragraph 1
1. Recalls the economic, social and environmental aspects of fisheries, aquaculture and maritime affairs; stresses their vital role not only in ensuring food sovereignty and resilience of marine ecosystems and food systems but also in boosting the development of thea sustainable blue economy that develops within ecological limits and in contributing to the development and revitalisation of coastal areas, especially in the outermost regions; takes the view that maintaining the competitive position of the fisheries and aquaculture sectors must go hand in hand with achieving the social, environmental and economic objectives set out in the common fisheries policy (CFP) as well as in the Green Deal and subsequent strategies;
Amendment 4 #
2023/0264(BUD)
Draft opinion
Paragraph 3
Paragraph 3
3. Stresses that Russia’s military aggression has led to significant disruptions in trade flows and an increase in energy prices, which has hit small-scale fisheries particularly hard, requiring the use of European Maritime, Fisheries and Aquaculture Fund (EMFAF) crisis measures; to mitigate the effects of inflation for fishers, producers and consumers;
Amendment 7 #
2023/0264(BUD)
Draft opinion
Paragraph 5
Paragraph 5
5. Insists that special attention must be devoted to the renewal of small-scale fishing fleets, in order to improve safety and on-board living conditions, energy efficiency and environmental sustainability while ensuring the social and economic resilience of the communities that depend on them; reiterates that fleet renewalthis can contribute to making the fishery sector more attractive and sustainable, and must not be confused with fleet expansion or increased fishing capacity;
Amendment 10 #
2023/0264(BUD)
Draft opinion
Paragraph 6
Paragraph 6
6. Urges the Commission to propose further actions to increase the global share of sustainable EU aquaculture production, which contributes to the supply of aquatic protein of high quality and with a low carbon footprint ; calls on the Commission to make full use of the financial resources available for the EMFAF in order to boost the growth of this sector’s share of global aquaculture production above its current 2 % by means of specific, acceptable and shared targets for 2030; urges Member States to earmark sufficient funding from the Recovery and Resilience Facility to support the innovation, sustainability and resilience of a sustainable EU aquaculture sector, such as algae-based feeds for fish made from microalgae that require less water and energy to produce than traditional fish feed and have a lower carbon footprint, in addition to reducing the EU dependency on fish meal imports;
Amendment 12 #
2023/0264(BUD)
Draft opinion
Paragraph 7
Paragraph 7
7. Recalls that, as a result of the Brexit, the EU fishing sector and in particular the small-scale sector is still experiencing considerable economic disruptions; calls on the Commission, therefore, as a matter of priority, to secure commensurate compensation to offset the damage suffered bypropose additional measures to support the sector and fishingcoastal communities; insists that Member States mustshall ensure that such compensation reaches fishersmeasures are implemented as soon as possible;
Amendment 15 #
2023/0264(BUD)
Draft opinion
Paragraph 8
Paragraph 8
8. Encourages Member States to monitor the implementation of the Brexit Adjustment Reserve (BAR) and calls on the Commission to extend the deadline if necessary, thereby allowing fishers, especially small-scale fishers, to fully benefit from its resources; insists that the BAR should also be used to help the wholesale and processing sectors, which have been badly affected by this crisis;
Amendment 17 #
2023/0264(BUD)
Draft opinion
Paragraph 9a (new)
Paragraph 9a (new)
9a. Stresses the importance of allocating more resources for mitigating climate change, its negative impacts, and preventing further biodiversity loss. Climate change has severe impacts on oceans and fisheries, hence the need for adequate funding for the protection and restoration of marine ecosystems that act as carbon sinks;
Amendment 19 #
2023/0264(BUD)
Draft opinion
Paragraph 14
Paragraph 14
14. Stresses that generational renewal is one ofand job diversification are among the European fishing sector’s priorities; invites Member States to draw on the EMFAF to finance programmes specifically designed to help young people to take up careers in fisheries or in the sustainable blue economy sector, to make the sector more diverse and to encourage people from underrepresented groups, particularly women, to join the sector; calls, in this regard, on the Commission to support the mobilisation of budgetary resources to improve the working conditions on board fishing vessels and to implement projects to support the creation of an association of young European fishers s;
Amendment 172 #
2023/0264(BUD)
Motion for a resolution
Paragraph 68 – point d
Paragraph 68 – point d
(d) reminds the Bureau that proper information and consultation with the Committee on Budgets before adopting any major decision on building related issues is needed due to their important budgetary implications; welcomes the maintenance policy for Parliament’s buildings adopted by the Bureau on 8 March 2021 introducing so called “building passports”; asks the Bureau to explore savings opportunitiesmaintain the saving policies in place, explore further savings opportunities and increase on-site electricity production; calls for a pro- active building policy which must focus on the grdeenp renovation of the building stock and guarantee that Parliament strives to maximises energy efficiency gains and thereby reduces energy consumption and CO2 emissions and the running cost of Parliament's facilities.
Amendment 6 #
2023/0260R(NLE)
Draft opinion
Recital C
Recital C
C. whereas the recent global crises and Russia’s war of aggression against Ukraine have emphasised the need for autonomy and efficiency of use in inputs, diverse trading partners and reliable value chains, and the need for the EU and trade partners to design trade agreements so as to maintain food sovereignty and sustainable agricultural production for both partners; whereas one way to meet this need is to strengthen trade relations with like-minded partners;
Amendment 14 #
2023/0260R(NLE)
Draft opinion
Recital D
Recital D
D. whereas trade policy should contribute to raising environmental and animal welfare standards and ensure respect for human rights, particularly indigenous rights, the right to food and the rights of peasants and other people working in rural areas, aiming to thereby guaranteeing high standards and a level playing field;
Amendment 26 #
2023/0260R(NLE)
Draft opinion
Paragraph 1
Paragraph 1
1. Welcomes the modernisation of trade relations between the EU and Chile through the inclusion of new sustainability provisions in the trade and sustainable development chapter of the EU-Chile Advanced Framework Agreement, plus a review clause to account for changing environmental and social standards; notes, however, that the trade and sustainable development chapter lacks sanctions, and does not include any obligation to refrain from any act or omission which materially defeats the object and purpose of the Paris Agreement;
Amendment 30 #
2023/0260R(NLE)
Draft opinion
Paragraph 2
Paragraph 2
2. Regrets that, while the Agreement requires both parties to implement Nationally Determined Contributions, neither the Paris Agreement nor the ILO conventions fall under the main dispute settlement chapterdispute resolution procedures of the main dispute settlement chapter, and are therefore not subject to sanctions; highlights in particular that the provisions of the TSD chapter concerning the Paris Agreement do not include any obligation to refrain from any act or omission which materially defeats the object and purpose of the Paris Agreement, and in this respect the agreement is less advanced than the FTA with New Zealand;
Amendment 32 #
2023/0260R(NLE)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. Recalls that the world is currently not on track to keep global warming within the 1.5°C limit set by the Paris Agreement, and that this trajectory requires far-reaching transformation, including in agriculture and trade;
Amendment 33 #
2023/0260R(NLE)
Draft opinion
Paragraph 2 b (new)
Paragraph 2 b (new)
2 b. Welcomes the provisions of the Trade and Sustainable Development chapter to ensure the recognition and participation of indigenous communities, in particular the provisions recognising the knowledge and practices of indigenous and/or local communities which contribute to conservation and sustainable use of biodiversity, following the example of the EU-New Zealand FTA; stresses that trade agreements should ensure the fair and equitable sharing of benefits arising from the use of genetic resources consistent with the objectives of the Convention on Biological Diversity;
Amendment 34 #
2023/0260R(NLE)
Draft opinion
Paragraph 3
Paragraph 3
3. Acknowledges the elimination of tariffs on EU exports, leaving 99.9 % of exports tariff-free; welcomes that the TRQs for beef and sheep meat, both sensitive products, no longer include an automatic annual increase, as this is now replaced by a fixed amount that will ensure a more stable and clearly limited market access for Chilean meat products in the future; calls for the EU to ensure that trade agreements do not promote increased food consumption when environmental and nutritional science recommend reductions;
Amendment 42 #
2023/0260R(NLE)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. Calls for the inclusion of animal welfare and environmental conditions to be applied to specific market concessions, as was done in the Agreement with New Zealand in excluding import of meat from intensive feedlot systems; regrets the fact that the Agreement with Chile increases existing quotas for animal products without any improved animal welfare conditioning; calls for any future or revised trade concessions to be made conditional on meeting production standards equal to those in the EU;
Amendment 50 #
2023/0260R(NLE)
Draft opinion
Paragraph 5
Paragraph 5
5. Welcomes the inclusion of a dedicated chapter on sustainable food systems that promotes bilateral and international cooperation towards a sustainable food system, including provisions on animal welfare; regrets, however, that the ambition falls short of the Farm to Fork Strategy and sanctions cannot be applied to this chapter, which remains to be focused on cooperation rather than on actionable targets and timelines;
Amendment 53 #
2023/0260R(NLE)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. Welcomes the fact that the EU- Chile FTA includes recognition of animal sentience and commitments to phase out antibiotics as growth promoters, but notes that like the EU, Chile has already prohibited the use of antibiotics as growth promoters, in their case since 2018; welcomes the intention of both parties to exchange information, expertise and experience on the development and implementation of animal welfare standards on the farm, during transport and at slaughter or killing;
Amendment 57 #
2023/0260R(NLE)
Draft opinion
Paragraph 6
Paragraph 6
6. Insists that Chilean producers exporting to the EU apply the same standards regarding traceability, animal welfare and use of veterinary medicinal and phytosanitary products as EU farmers, and calls on the SFS Committee to agree on actions to work towards this by increasing standards in line with the objectives of the SFS chapter; underlines that a level playing field must become a crucial prerequisite for any trade agreement touching upon agricultural goods.
Amendment 64 #
2023/0260R(NLE)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
Amendment 67 #
2023/0260R(NLE)
6 b. Urges both parties to ensure the active involvement of social partners and civil society in the implementation of the agreement, notably through the domestic advisory group; calls on both parties to ensure the swift establishment of well- functioning, effective and balanced domestic advisory groups and to ensure that their views on transversal sustainability issues are taken into account in a transparent manner in the government-to-government consultations provided for in the agreement; calls for both the EU and Chile to jointly develop clear milestones and implementation roadmaps, involving domestic advisory groups.
Amendment 35 #
2023/0234(COD)
Proposal for a directive
Recital 11 a (new)
Recital 11 a (new)
(11 a) The larger the amounts of food waste reduction, the higher are the decreases in food expenditure shares of households1a _________________ 1a https://publications.jrc.ec.europa.eu/repos itory/bitstream/JRC133971/JRC133971_0 1.pdf
Amendment 36 #
2023/0234(COD)
(11 b) Reducing food waste at any point along the food supply chain yields significant positive environmental impact2a _________________ 2a https://publications.jrc.ec.europa.eu/repos itory/bitstream/JRC133971/JRC133971_0 1.pdf
Amendment 37 #
2023/0234(COD)
Proposal for a directive
Recital 11 c (new)
Recital 11 c (new)
(11 c) A significant percentage of produce is discarded for cosmetic reasons including weird shapes, odd colors, or blemishes. Such food waste should be totally avoided
Amendment 52 #
2023/0234(COD)
Proposal for a directive
Recital 17 a (new)
Recital 17 a (new)
(17 a) Fur is used in textile production and sourcing this material entails a significant environmental impact, and is of concern for both human and animal health, particularly regarding zoonoses; As 1.4 million citizens supported ECI “End The Cage Age” to end fur farming in the EU and to prohibit its import, the Commission should put forward proposals to this end without delay.
Amendment 61 #
2023/0234(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Directive 2008/98/EC
article 9a
article 9a
Member States shall take appropriate measures to prevent generation of food waste, along the entire supply chain, in primary production, in processing and manufacturing, in retail and other distribution of food, in restaurants and food services as well as in households. Those measures shall include but not be limited to the following:
Amendment 66 #
2023/0234(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Directive 2008/98/EC
article 9a
article 9a
(a) developing and supporting behavioural change interventions to reduce food waste, and information campaigns to raise awareness about food waste prevention;production and food waste prevention, including in schools; appreciation of food appearance
Amendment 68 #
2023/0234(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Directive 2008/98/EC
article 9a
article 9a
(a a) tackling the discarding of produce for cosmetic reasons
Amendment 72 #
2023/0234(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Directive 2008/98/EC
article 9a
article 9a
(b a) optimizing packaging systems, including for transport, with view to favouring less waste-prone reusable and more robust systems.
Amendment 74 #
2023/0234(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Directive 2008/98/EC
article 9a
article 9a
(c) encouraging food donation and other redistribution for human consumption, prioritising human use over animal feed and the reprocessing into non- food products; permitting containering.
Amendment 76 #
2023/0234(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Directive 2008/98/EC
article 9a
article 9a
(c a) assessment and adjustment of best- before and use-by indications
Amendment 77 #
2023/0234(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Directive 2008/98/EC
article 9a
article 9a
(c b) assessment and adjustment of packaging sizes
Amendment 87 #
2023/0234(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Directive 2008/98/EC
article 9a
article 9a
Member States shall ensure that food manufactors, processors and retailers composte unavoidable food waste
Amendment 98 #
2023/0234(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Directive 2008/98/EC
article 9a
article 9a
(-a) reduce the generation of food waste in primary production by 10 % in comparison to the amount generated in 2020
Amendment 102 #
2023/0234(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Directive 2008/98/EC
article 9a
article 9a
(a) reduce the generation of food waste in processing and manufacturing by 1025 % in comparison to the amount generated in 2020;
Amendment 107 #
2023/0234(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Directive 2008/98/EC
article 9a
article 9a
(b) reduce the generation of food waste per capita, jointly in retail and other distribution of food, in restaurants and food services and in households, by 350 % in comparison to the amount generated in 2020.
Amendment 112 #
2023/0234(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
directive 2008/98/EC
article 9a
article 9a
4 a. Member States shall specify categories of yachts, cruises, private planes, casinos, hotels, and other luxury establishments with food services, to which it shall apply stricter provisions, on the prevention of food waste generation and food waste reduction
Amendment 3 #
2023/0226(COD)
Proposal for a regulation
–
–
The Committee on Agriculture and Rural Development calls on the Committee on the Environment, Public Health and Food Safety, as the committee responsible, to propose rejection of Commission proposal.
Amendment 8 #
2023/0165(COD)
Proposal for a directive
Recital 7
Recital 7
(7) However, due to the patterns of fishing not all EU Member States are visited by these larger fishing vessels. Therefore, a voluntary system for those EU Member States that wish to carry out these inspections and which is separate from the current port state control regime is being proposed to allow for flexibility and the way that standards are developed in port State control. This system of port State control of fishing vessel of over 24 metres in length can therefore be developed organically by Member States, the Paris MoU and the Commission. Member States carrying out those voluntary inspections may be granted financial assistance (EMFAF), in order to ensure sufficient means and human resources to this end.
Amendment 34 #
2023/0163(COD)
Proposal for a regulation
Recital 36 a (new)
Recital 36 a (new)
(36a) The Agency should strengthen its cooperation with the European Fisheries Control Agency (EFCA) regarding the prevention and handling of incidents at sea involving fishing vessels.
Amendment 141 #
2023/0156(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) Certain definitions set out in Regulation (EU) No 952/2013 should be adapted to take account of the broader scope of this Regulation, to align them with those set out in other Union acts, and to clarify terminology having different meanings in different sectors. New definitions should be included in customs legislation to clarify the roles and responsibilities of certain actors in the customs processes. In the case of the importer and the exporter, new definitions should make those persons liableresponsible towards customs for compliance of the goods, including for financial and non- financial risks, in order to strengthen customs supervision. In the case of the new concept of deemed importer, new definitions should ensure that in some cases, in the context of an online sale from outside the Union, an economic operator, as opposed to the consumer, is considered the importer and assumes the corresponding responsibilities. New definitions should also be introduced in relation to the broader scope of the provisions of customs supervision, risk management and customs controls.
Amendment 143 #
2023/0156(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) Beyond their traditional role of collecting customs duties, VAT and excise and applying customs legislation, customs authorities also play a critical role in enforcing other Union and, where applicable, other national legislation on customs matters. A definition of this ‘other legislation applied by the customs authorities’ should be introduced in order to build an effective framework for regulating the application and supervision of these particular requirements on goods. Such prohibitions and restrictions can be justified on grounds of, inter alia, public morality, public policy or public security, the protection of the health and life of humans, animals or plants, the protection of the environment, the protection of national treasures possessing artistic, historic or archaeological value and the protection of industrial or commercial property and other public interests, including controls on drug precursors, goods infringing certain intellectual property rights and cash. The notion of other legislation applied by the customs authorities should also include commercial policy measures and fishery conservation and management measures, as well as restrictive measures adopted on the basis of Article 215 TFEU. Divergences in the national lists of prohibition and restrictions create significant difficulties for entities importing in multiple Member States. In order to facilitate trade and the functioning of customs, the EU should work to gradually harmonise national lists of prohibitions and restrictions. Furthermore, harmonised definitions of the legal terms used in providing for prohibitions and restrictions should be adopted, in order to avoid diverging interpretations by Member States.
Amendment 146 #
2023/0156(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) The consequence of the failure of a customs authority to take a decision upon application within the established time- limits should be clarified. The principle that in such case the application is deemed to be subject to a negative decision and that the applicant may lodge an appeal, in accordance with the general rule on customs decisions should also be established. In order to ensure that trade is not paralysed in case of large-scale failure of the centralised electronic systems, the Commission and the EU Customs agency should work with Member States on fall-back procedures.
Amendment 149 #
2023/0156(COD)
Proposal for a regulation
Recital 15
Recital 15
(15) Economic operators meeting certain criteria and conditions to be considered compliant and trustworthy traders by customs authorities can be granted the status of AEO and thereby benefit from facilitations in customs processes. While ensuring that the traders dealing with most of Union trade are trustworthy, the AEO scheme suffers from certain weaknesses highlighted in the evaluation of Regulation (EU) No 952/2013 and in the findings of the European Court of Auditors. To deal with those concerns, in particular about the divergent national practices and challenges regarding AEO compliance monitoring, the rules should be amended to introduce the customs authorities’ obligation to monitor compliance at least every 32 years.
Amendment 151 #
2023/0156(COD)
Proposal for a regulation
Recital 16
Recital 16
(16) The changes in the customs processes and the way of operating the customs authorities requires a new partnership with economic operators, that is the Trust and Check traders scheme. The criteria and conditions to become a Trust and Check trader should build on the AEO criteria but should also ensure that the trader is considered transparent for the customs authorities. It is therefore appropriate to require Trust and Check operators to grant the customs authorities real timeaccess to relevant data intheir electronic systems keeping record of their compliance and the movement of their goods.For small and medium size economic operators willing to obtain the Trust and Check status but for whom the transmission of real time data might be a disproportionate requirement, the presence of a Digital Product Passport containing all information about a product's compliance can also be used to show transparency. The transparency should be accompanied by certain benefits, notably the possibility to release the goods on behalf of customs without the necessity for their active intervention, except where a pre-release approval is required by other legislation applied by the customs authorities and to defer the payment of the customs debt. As this mode of working should progressively replace the one based on customs declarations, it is appropriate to establish the customs authorities’ obligation to reassess the existing authorisations for AEO for customs simplifications until the end of the transition period.
Amendment 152 #
2023/0156(COD)
Proposal for a regulation
Recital 17
Recital 17
(17) The changes in the customs processes also require clarifying the role of customs representatives. Both direct and indirect representation should continue to be possible but it should be clarified that the indirect representative of an importer or an exporter assumes all the obligations of importers or exporters, not only the obligation to pay or guarantee the customs debt but also the respect of other legislation applied by the customs authorities. For that reason, customs representatives must be resident in the customs territory of the Union where they represent importers or exporters, to ensure proper accountability for financial and non-financial aspects. The use of an indirect customs representative established in the Union is therefore an available and proportionate alternative for importers and exporters who do not have a commercial presence in the Union. Moreover, customs representatives established in third countries can continue providing their services in the Union where they represent persons who are not required to be established within the customs territory of the Union. Identifying reliable customs representatives is a challenge for economic operators, especially SMEs. To address this issue, it is appropriate for the Commission and the EU Customs Authority to create and maintain a voluntary register of experienced customs representatives having the required qualifications. Such a register would complement existing ones maintained by some Member States;
Amendment 155 #
2023/0156(COD)
Recital 23 Proposal for a regulation
(23) The data submitted to the EU Custom Data Hub is to a large extent non- personal data submitted by economic operators of the goods they are trading with. Nevertheless, the data will also include personal data, in particular names of individuals acting for an economic operator or an authority. To ensure that personal data and sensitive commercial information are equally protected, it is appropriate that specific access rules, rules for confidentiality and conditions for the use of the EU Customs Data Hub are established by this Regulation. Without prejudice to the protection of confidential business information, those rules should not prevent the disclosure of non-personal data after access to information requests. In particular, it should be established which entities may access or process data stored or otherwise available in the EU Customs Data Hub, in addition to the persons, the Commission, the customs authorities and the EU Customs Authority, balancing the needs of these entities with , the general interest andthe need ensure that the personal and confidential data collected for customs purposes are used for additional purposes only to the minimum extent necessary.in a proportionate manner, and consistently with Regulation (EU) 2016/679 and Directive EU 2016/943
Amendment 157 #
2023/0156(COD)
Proposal for a regulation
Recital 24
Recital 24
(24) To ensure that the European Anti- Fraud Office (‘OLAF’) can exercise its investigations powers in relation to fraudulent activities that are affecting the interests of the Union, it is appropriate that it has access to data from the EU Customs Data Hub that is very similar to the access by the Commission. OLAF should therefore be entitled to process the data in accordance with the conditions relating to data protection in the relevant Union legislation, including Regulation (EU, Euratom) No 883/2013 of the European Parliament and of the Council47 and Council Regulation (EC) No 515/9748 . To ensure that EPPO can conduct its investigations on customs-related matters, it should be entitled to request access to theaccess and process data in the EU Customs Data Hub. To preserve the functions that are performed in Member States’ national IT systems, the tax authorities of the Member States should either obtain the possibility to process data directly within the EU Customs Data Hub or to extract data from the EU Customs Data Hub and process it through different means. As such, authorities responsible for food safety in accordance with Regulation Regulation (EU) 2017/625 of the European Parliament and of the Council49 and the authorities responsible for market surveillance in accordance with Regulation (EU) 2019/1020 should be provided with the right services and tools in the EU Customs Data Hub so that they can use the relevant customs data to contribute to enforcing the relevant Union legislation and for cooperating with customs authorities to minimise the risks that non- compliant products enter the Union. It is appropriate that Europol has access upon request to data in the EU Customs Data Hub to be able to perform its tasks as specified in Regulation (EU) 2016/794 of the European Parliament and of the Council50 . All other Union and national bodies and authorities, including the European Border and Coast Guard Agency (Frontex), should have access to non- personal data contained in the EU Customs Data Hub. _________________ 47 Regulation (EU, Euratom) No 883/2013 of the European Parliament and of the Council of 11 September 2013 concerning investigations conducted by the European Anti-Fraud Office (OLAF) and repealing Regulation (EC) No 1073/1999 of the European Parliament and of the Council and Council Regulation (Euratom) No 1074/1999 (OJ L 248, 18.9.2013, p. 1). 48 Council Regulation (EC) No 515/97 of 13 March 1997 on mutual assistance between the administrative authorities of the Member States and cooperation between the latter and the Commission to ensure the correct application of the law on customs and agricultural matters (OJ L 82, 22.3.1997, p. 1). 49 Regulation (EU) 2017/625 of the European Parliament and of the Council of 15 March 2017 on official controls and other official activities performed to ensure the application of food and feed law, rules on animal health and welfare, plant health and plant protection products, amending Regulations (EC) No 999/2001, (EC) No 396/2005, (EC) No 1069/2009, (EC) No 1107/2009, (EU) No 1151/2012, (EU) No 652/2014, (EU) 2016/429 and (EU) 2016/2031 of the European Parliament and of the Council, Council Regulations (EC) No 1/2005 and (EC) No 1099/2009 and Council Directives 98/58/EC, 1999/74/EC, 2007/43/EC, 2008/119/EC and 2008/120/EC, and repealing Regulations (EC) No 854/2004 and (EC) No 882/2004 of the European Parliament and of the Council, Council Directives 89/608/EEC, 89/662/EEC, 90/425/EEC, 91/496/EEC, 96/23/EC, 96/93/EC and 97/78/EC and Council Decision 92/438/EEC (Official Controls Regulation)(OJ L 95, 7.4.2017, p. 1). 50 Regulation (EU) 2016/794 of the European Parliament and of the Council of 11 May 2016 on the European Union Agency for Law Enforcement Cooperation (Europol) and replacing and repealing Council Decisions 2009/371/JHA, 2009/934/JHA, 2009/935/JHA, 2009/936/JHA and 2009/968/JHA (OJ L 135, 24.5.2016, p. 53).
Amendment 158 #
2023/0156(COD)
Proposal for a regulation
Recital 26
Recital 26
(26) The Commission should lay down the modalities for access of all these authorities in implementing rules, after assessing the existing safeguards that each authority or category of authorities has in place for ensuring the correct treatment of personal and commercially sensitive data, while taking into account that publishing non-sensitive customs data can be in the general interest.
Amendment 161 #
2023/0156(COD)
Proposal for a regulation
Recital 27
Recital 27
(27) It is appropriate that the EU Customs Data Hubs stores personal data for a maximum period of 10 years. This period is justified in light of the possibility for customs authorities to notify the customs debt up to 10 years after having received the necessary information about a consignment, as well as to ensure that the Commission, the EU Customs Authority, OLAF, EPPO, customs and authorities other than customs can cross-check the information in the EU Customs Data Hub against the information stored in and exchanged with other systems. Moreover, this period of time should be aligned with the storage period required by other legislation applied by the customs authorities, where such legislation is relevant for customs controls. It is also appropriate that whenever personal data is required for the purposes of judicial and administrative proceedings, investigations and during post-clearance controls, the retention period is suspended to avoid that personal data is erased and cannot be used for those purposes.
Amendment 163 #
2023/0156(COD)
Proposal for a regulation
Recital 31
Recital 31
(31) A Union-level customs risk management layer is fundamental for ensuring a harmonised application of customs controls in Member States. There is currently a common risk management framework comprising the possibility of identifying common priority controls areas and common risk criteria and standards in the financial risk arena for carrying out customs controls, but it has significant shortcomings. In order to address the lack of harmonised application of customs controls and of harmonised risk management harming the financial and non-financial interests of the Union and of the Member States, it is appropriate to revise the rules to establish a more solid risk management approach addressing both financial and non-financial risks. This includes tackling the structural challenges on the risk management of financial risks identified by the European Court of Auditors. In particular, it is appropriate to describe which activities are comprised in customs risk management, in a cyclical approach. It is also important to identify the roles and responsibilities of the Commission, the EU Customs Authority and the customs authorities of the Member States. It is also essential to provide that the Commission may establish common priority controls areas and common risk criteria and standards, and may identify specific areas in the domain of other legislation applied by the customs authorities that deserve priority for common risk management and controls, without compromising security. This requires close collaboration with competent authorities enforcing other legislation applied by customs, with a specific focus on collaboration with market surveillance authorities.
Amendment 165 #
2023/0156(COD)
Proposal for a regulation
Recital 32
Recital 32
(32) It is therefore appropriate to introduce Union-level risk management activities and provisions to ensure the collection at Union level of comprehensive data relevant for risk management including results and evaluation of all controls. It provides for common risk analysis and the issue of corresponding Union control recommendations to customs authorities. Those control recommendations should be implemented, or reasons provided as to why they were not applied. The possibility to issue an instruction that goods destined for the Union may not be loaded or transported should also be provided for. The analysis of Union-level risks and threats should be based on constantly updated Union-level data and should identify the measures and controls to be performed at the border crossing points of entry and exit of the Union territory. In the context of cooperation with law enforcement and security authorities in particular, Union- level risk management should, where possible, contribute to and benefit from strategic analyses and threat assessments conducted at Union level, including those carried out by the European Union Agency for Law Enforcement Cooperation (Europol) and the European Border and Coast Guard Agency (Frontex) to contribute to the efficient and effective prevention of, and the fight against, crime. Serious or repeated infringement of other legislations applied by customs and detected by customs or other competent authorities should have an impact on the risk profile of importers, exporters or deemed importers.
Amendment 167 #
2023/0156(COD)
Proposal for a regulation
Recital 38
Recital 38
(38) Once the customs authorities have the information necessary for the relevant procedure, based on risk analysis, they should decide whether to perform further controls on the goods, to release them, to refuse or suspend their release or to let the time pass so the goods are considered released. The customs authorities should do so in cooperation with other authorities, where necessary. Accordingly, the customs authorities should refuse the release of the goods where they have evidence that the goods do not comply with applicable legal requirements. Where the customs authorities need to consult other authorities to determine whether or not the goods comply, they should suspend the release at least until the consultation takes place. In these cases, the customs authorities’ subsequent decision on the goods should depend on the other authorities’ reply. To avoid blocking both traders and authorities in the cases in which concluding on compliance requires some time, the customs authorities should have the possibility to release the goods on the condition that the trader continues informing about the location of the goods for a maximum of 15 days. Finally, in order to provide legal certainty to the traders that have provided the information on time without obliging the customs authorities to react to every consignment, the goods that have not been selected for a control after a reasonable period of time should be considered released. The Commission should be entitled to define this period of time in delegated rules, adapting it, where necessary, to the type of traffic or type of border crossing points.
Amendment 168 #
2023/0156(COD)
Proposal for a regulation
Recital 39
Recital 39
(39) To the extent that Trust and Check traders provide customs full access to their systems, records and operations and are considered reliable, they should be able to release their goods under the supervision of the customs authorities but without waiting for their intervention. Accordingly, Trust and Check traders should be able to release goods for any entry procedure at receipt at final destination of the goods or for any exit procedure at the place of delivery of the goods. As the Trust and Check traders are considered transparent, the arrival and/or the delivery should be properly recorded in the EU Customs Data Hub. These operators should be obliged to inform the customs authorities where a problem arises so that those authorities can take a final decision on the release. Where the internal controls systems of the Trust and Check traders are robust enough, the customs authorities should be able, in cooperation with other authorities, to authorise the traders to perform certain checks on their own. However, the customs authorities should retain the possibility to control the goods at any time. Repeated or serious infringements to other EU legislation applied by customs by a Trust and Check trader should lead to the loss of the trusted status.
Amendment 174 #
2023/0156(COD)
Proposal for a regulation
Recital 56
Recital 56
(56) The Member States and the Commission should be represented on a Management Board, in order to ensure the effective functioning of the EU Customs Authority. The composition of the Management Board, including the selection of its Chairperson and Deputy- Chairperson, should respect the principles of gender balance, experience and qualification. Given the Union’s exclusive competence on the customs union, and the close link between customs and other policy fields, it is appropriate that its chairperson is elected from among those Commission representatives. In view of the effective and efficient functioning of the EU Customs Authority, the Management Board should, in particular, adopt a Single Programming Document including annual and multiannual programming, carry out its functions relating to the Authority’s budget, adopt the financial rules applicable to the Authority, appoint an Executive Director, and establish procedures for taking decisions relating to the operational tasks of the Authority by the Executive Director. The Management Board should be assisted by an Executive Board and a consultative body representing consumer organisations, business associations and other relevant non-state actors.
Amendment 176 #
2023/0156(COD)
Proposal for a regulation
Recital 58
Recital 58
(58) To fulfil their mission, customs authorities cooperate closely and regularly with market surveillance authorities, sanitary and phytosanitary control authorities, law-enforcement bodies, border management authorities, environmental protection bodies, experts on cultural goods, and many other authorities in charge of sectoral policies. Considering the evolution of the single market and the evolving role of customs, the increase in prohibitions and restrictions and e- commerce, it is necessary to structure and reinforce this cooperation at national, Union and international level. Instead of a cooperation focused on individual consignments or specific events along the supply chain, a structured cooperation framework between customs authorities and other authorities responsible for relevant policy areas should be established. Such cooperation framework should include the following aspects: the development of legislation and of policy needs in a specific area, the exchange and analysis of information, the building of overall cooperation strategy in the form of joint supervision strategies and, finally, cooperation on operational implementation, monitoring and controls. The Commission should also facilitate the application of part of the other legislation applied by the customs authorities by drawing a list of Union legislation imposing requirements on goods subject to customs controls aimed at protecting public interests such as human, animal or plants health and life, the consumers and the environment, and organise information sharing about their enforcement. When applicable, records of serious and repeated infringements to other legislations applied by customs should be made available to customs by the relevant competent authorities, and taken into account in European customs risk management processes.
Amendment 177 #
2023/0156(COD)
Proposal for a regulation
Recital 59
Recital 59
(59) In order to increase clarity and make the cooperation framework between customs and other partner authorities more efficient, a list of services offered by customs authorities should define clearly the possible role of customs in the application of other relevant policies at the borders of the Union. In addition, the application of the cooperation framework should be monitored by the EU Customs Authority. The EU Customs Authority should work closely and cooperate with the Commission, OLAF, other relevant Union agencies and bodies, such as the European Public Prosecutor Office,Europol and Frontex as well as specialised agencies and networks in the respective policy fields, such as the EU Product Compliance Network.
Amendment 180 #
2023/0156(COD)
Proposal for a regulation
Recital 61
Recital 61
(61) Despite the fact that customs legislation is harmonised through the Code, Regulation (EU) No 952/2013 only included the obligation for Member States to provide for penalties for failure to comply with the customs legislation and required such penalties to be effective, proportionate and dissuasive. Member States have, therefore, the choice of customs penalties, which vary greatly across Member States and are subject to evolution over time. A common framework establishing a minimum core of customs infringements and of non-criminal sanctions should be laid down. Such framework is necessary to address the lack of uniform application and the significant divergences between Member States in the application of sanctions against breaches of customs legislation that can lead to a distortion of competition, loopholes and ‘customs shopping’. The framework should be composed of a common list of acts or omissions that should constitute customs infringements in all Member States. In determining the sanction applicable, customs authorities should define if these acts or omissions are committed intentionally or by obvious negligence. The European Commission, Member States and the EU Customs Authority should regularly exchange best practices on audit and sanctions, in order to improve the convergence and coherence of methodologies and application of sanctions. The Commission should regularly assess whether the sanctions applied by Member States are sufficient to reach the objectives of the Union Customs Code, and take appropriate action if necessary.
Amendment 181 #
2023/0156(COD)
Proposal for a regulation
Recital 61
Recital 61
(61) Despite the fact that customs legislation is harmonised through the Code, Regulation (EU) No 952/2013 only included the obligation for Member States to provide for penalties for failure to comply with the customs legislation and required such penalties to be effective, proportionate and dissuasive. Member States have, therefore, the choice of customs penalties, which vary greatly across Member States and are subject to evolution over time. A common framework establishing a minimum core of customs infringements and of non-criminal sanctions should be laid down. Such framework is necessary to address the lack of uniform application and the significant divergences between Member States in the application of sanctions against breaches of customs legislation that can lead to a distortion of competition, loopholes and ‘customs shopping’. The framework should be composed of a common list of acts or omissions that should constitute customs infringements in all Member States. Non compliance with importer, exporter and deemed-importer obligations should be included in the list of customs infringements. In determining the sanction applicable, customs authorities should define if these acts or omissions are committed intentionally or by obvious negligence.
Amendment 183 #
2023/0156(COD)
Proposal for a regulation
Recital 64
Recital 64
(64) It is also necessary to establish a common minimum core of non-criminal sanctions providing for minimum amounts of pecuniary charges, the possibility of revocation, suspension or amendment of customs authorisations, including for Authorised Economic Operators and Trust and Check traders, as well as the confiscation of the goods. The minimum amounts of pecuniary charges should depend on whether the customs infringement has been committed intentionally or not and whether or not it has an impact on the amount of customs duties and other charges and on prohibitions or restrictions. This minimum common core of non-criminal sanctions should apply without prejudice to the national legal order of Member States, which can instead provide for criminal sanctions. Member States, the European Commission and the EU customs authority should collaborate to gradually increase the coherence of non-criminal sanctions and their application accross the EU.
Amendment 184 #
2023/0156(COD)
Proposal for a regulation
Recital 65
Recital 65
(65) The performance of the customs union should be evaluated at least on an annual basis to allow the Commission, with the help of the Member States, to take the appropriate policy orientations. The collection of information from customs authorities should be formalised and deepened, as more comprehensive reporting would improve benchmarking and could help to homogenise practices and assess the impact of customs policy decisions. It is, therefore, appropriate to introduce a legal framework for the evaluation of the performance of the customs union. To allow sufficient granularity of analysis, the performance measurement should be done not only at national level but also at border crossing point level. The EU Customs Authority should support the Commission in the evaluation process by gathering and analysing the data in the EU Customs Data Hub and identifying how customs activities and operations support the achievement of the strategic objectives and priorities of the customs union and contribute to the mission of customs authorities. In particular, the EU Customs Authority should identify key trends, strengths, weaknesses, gaps, and potential risks, and provide recommendations for improvement to the Commission. In the context of cooperation with law enforcement and security authorities in particular, the EU Customs Authority should also participate, from the operational perspective, in strategic analyses and threat assessments conducted at Union level, including those carried out by Europol and Frontex. This evaluation report should be published.
Amendment 185 #
2023/0156(COD)
Proposal for a regulation
Recital 74
Recital 74
(74) InFrom January 20329, economic operators may start using, on a voluntary basis, the capabilities of the EU Customs Data Hub. Bby the end ofDecember 20372, the EU Customs Data Hub should be fully developed, and all economic operators shall use it. Trust and Check traders and deemed importers will be supervised by the Member State of their establishment. By derogation and subject to review, operators that are neither Trust and Check traders nor deemed importers will remain under the supervision of the customs authority of the Member State where the goods are physically located. By 31 December 20351, the Commission should evaluate the two supervision models, including as regards their effectiveness for detecting and preventing fraud. The evaluation should also consider indirect taxation aspects. Based on this evaluation, the Commission should be entitled to decide by delegated act whether the two models should continue or whether, in all cases, the customs authority responsible for the place of establishment of the trader should release the goods. The place of incurrence of customs debt should also be regulated in accordance with the determination of the responsible customs authority,
Amendment 189 #
2023/0156(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point 2 –point d
Article 5 – paragraph 1 – point 2 –point d
(d) customs provisions contained in international agreements, insofar as they are applicable in the Union;. This includes relevant multilateral environmental agreements to which the EU and the Member States are Party, insofar as they regulate the conformity of goods.
Amendment 194 #
2023/0156(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point 13
Article 5 – paragraph 1 – point 13
(13) ‘deemed importer’ means any person involved in the distance sales of goods to be imported from third countries into the customs territory of the Union who i, including persons authorised to use the special scheme laid down in Title XII, Chapter 6, Section 4 of Directive 2006/112/EC;
Amendment 199 #
2023/0156(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point 57
Article 5 – paragraph 1 – point 57
(57) ‘customs debt’ means the obligation on a person to pay the amount of import or export duty and any other charges which applies to specific goods under the customs legislation in force;
Amendment 202 #
2023/0156(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point 57 a (new)
Article 5 – paragraph 1 – point 57 a (new)
(57 a) ‘other charges’ means any fees coming on top of custom duties, VAT, customs formalities fees and courier fees.
Amendment 204 #
2023/0156(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point 64 a (new)
Article 5 – paragraph 1 – point 64 a (new)
(64 a) ‘end-customer’ means physical or moral person residing or established in the Union, to whom a product has been made available by a seller or a marketplace.
Amendment 214 #
2023/0156(COD)
Proposal for a regulation
Article 6 – paragraph 3 – subparagraph 4
Article 6 – paragraph 3 – subparagraph 4
Where the customs authorities fail to take a decision within the time-limits established in the first, second and third subparagraphs, the applicant may consider the request to have been denied and may appeal such a negative decision. The applicant may also inform the EU Customs Authority that the customs authorities did not take a decision within the relevant time limits. The Commission, the EU Customs Authority and Member States shall agree on a clear process to handle decisions in case of technical failure of centralised EU electronic systems infrastructure, and especially of the data hub, in order to ensure that trade is not paralysed.
Amendment 227 #
2023/0156(COD)
Proposal for a regulation
Article 24 – paragraph 1 – point a a (new)
Article 24 – paragraph 1 – point a a (new)
(a a) the absence of serious and repeated infringements to other legislation applied by customs;
Amendment 234 #
2023/0156(COD)
Proposal for a regulation
Article 25 – paragraph 3 – point a a (new)
Article 25 – paragraph 3 – point a a (new)
(a a) the absence of serious and repeated infringements to other legislation applied by customs
Amendment 244 #
2023/0156(COD)
Proposal for a regulation
Article 25 – paragraph 3 – point f – introductory part
Article 25 – paragraph 3 – point f – introductory part
(f) having an electronic system providing or making available to the customs authorities real-time allrelevant data on the movement of the goods and the compliance of the person referred to in paragraph 1 with all requirements applicable on those goods, including relating to safety and security and including where relevant sharing in the EU Customs Data Hub:
Amendment 246 #
2023/0156(COD)
Proposal for a regulation
Article 25 – paragraph 3 – point f a (new)
Article 25 – paragraph 3 – point f a (new)
(f a) by way of exception to paragraph f and notwithsanding obligations linked to the importer or deemed importer status, Small and Medium Size enterprises may make compliance data available to customs authorities via a Digital Product Passport,
Amendment 247 #
2023/0156(COD)
Proposal for a regulation
Article 25 – paragraph 4 – subparagraph 2
Article 25 – paragraph 4 – subparagraph 2
The customs authorities at least every 32 years shall perform and in-depth monitoring of the Trust and Check trader’s activities and internal records. The Trust and Check trader shall inform the customs authorities of any changes in its corporate structure, ownership, solvency situation, trading models or any other significant changes in its situation and activities. The customs authorities shall re-assess the status of the Trust and Check trader if any of these changes have a significant impact on the Trust and Check status. The customs authorities may suspend this authorisation until a decision on the reassessment is taken.
Amendment 251 #
2023/0156(COD)
Proposal for a regulation
Article 25 – paragraph 6 – subparagraph 1
Article 25 – paragraph 6 – subparagraph 1
Where a Trust and Check trader is suspected of: a. involvement in fraudulent activity in relation to its economic or business activity, b. repeated or serious infringement to other legislation applied by customs; its status shall be suspended.
Amendment 260 #
2023/0156(COD)
Proposal for a regulation
Article 25 – paragraph 11 a (new)
Article 25 – paragraph 11 a (new)
11 a. The Commission and Member States shall set up a capacity building and best practice sharing support system for SMEs willing to obtain the Trust and Check status;
Amendment 274 #
2023/0156(COD)
Proposal for a regulation
Article 27 – paragraph 6 a (new)
Article 27 – paragraph 6 a (new)
6 a. [18 months after the entry into force] the Commission shall set up a voluntary system of accreditation for direct and indirect representatives having the expertise necessary to reliably act as direct or indirect representatives;
Amendment 278 #
2023/0156(COD)
Proposal for a regulation
Article 29 – paragraph 1 – point c a (new)
Article 29 – paragraph 1 – point c a (new)
(c a) ensure compliance with the provisions of Regulation (EU) XXXX/XXX of the European Parliament and of the Council laying down measures for a high common level of cybersecurity at the institutions, bodies, offices and agencies of the Union;
Amendment 279 #
2023/0156(COD)
Proposal for a regulation
Article 29 – paragraph 1 – point h
Article 29 – paragraph 1 – point h
(h) enable the customs surveillance of goods and contribute to the enforcement of other legislations applied by customs.
Amendment 282 #
2023/0156(COD)
Proposal for a regulation
Article 29 – paragraph 1 – point h a (new)
Article 29 – paragraph 1 – point h a (new)
(h a) enable the exchange of customs information with non-state actors with a general interest purpose;
Amendment 284 #
2023/0156(COD)
Proposal for a regulation
Article 31 – paragraph 1 – point b a (new)
Article 31 – paragraph 1 – point b a (new)
(b a) for research purposes
Amendment 287 #
2023/0156(COD)
Proposal for a regulation
Article 31 – paragraph 4 – point h a (new)
Article 31 – paragraph 4 – point h a (new)
(h a) to support the enforcement of other union legislations concerning products entering the internal market
Amendment 288 #
2023/0156(COD)
Proposal for a regulation
Article 31 – paragraph 6
Article 31 – paragraph 6
6. The European Public Prosecutor’s Office (‘EPPO’) may, upon request, ac access and process data, including personal and commercially sensitive data, stored or otherwise available in the EU Customs Data Hub, exclusively andto the extent necessary for carrying out its tasks pursuant to Article 4 of Council Regulation (EU) 2017/193966, insofar as the conduct investigated by EPPO concerns customs and under the conditions determined in an implementing act adopted pursuant to paragraph 14 of this Article. _________________ 66 Council Regulation (EU) 2017/1939 of 12 October 2017 implementing enhanced cooperation on the establishment of the European Public Prosecutor’s Office (‘the EPPO’) (OJ L 283, 31.10.2017, p. 1).
Amendment 293 #
2023/0156(COD)
Proposal for a regulation
Article 31 – paragraph 12
Article 31 – paragraph 12
12. Until the date set out in Article 265(3), the Commission, OLAF, EPPO and the EU Customs Authority once it is established shall, exclusively for the purposes stated in paragraphs 4, 5 and 6, be able to process data, including personal data, from the existing electronic systems for the exchange of information developed by the Commission pursuant to Regulation (EU) No 952/2013.
Amendment 295 #
2023/0156(COD)
Proposal for a regulation
Article 31 – paragraph 12 a (new)
Article 31 – paragraph 12 a (new)
12 a. Until the date set out in Artile 265(3), non-personal trade data collected via existing electronic systems shall be accessible to non-state actors, especially researchers, via freedom of information requests.
Amendment 298 #
2023/0156(COD)
Proposal for a regulation
Article 31 a (new)
Article 31 a (new)
Article31a Publication of customs data Without prejudice to Directive (EU) 2016/943, Member State customs authorities, or the EU Customs Authority after the date included in Article 265.4, shall publish monthly updates containing non-personal customs data. The information published should include a record of each consignment and when applicable, the related importer, deemed- importer, exporter, consignor, seller, consignee, buyer, declarant, representative, producer/manufacturer, country of destination, region of destination, country of dispatch/export, country of origin, country of preferential origin, description of goods, commodity (Harmonised System/HS) code, volume, value, and declaration date.
Amendment 299 #
2023/0156(COD)
Proposal for a regulation
Article 32 – paragraph 1 – point b
Article 32 – paragraph 1 – point b
(b) data subjects who are economic operators which are occasionally involved in activities covered by the customs legislation or by other legislation applied by the customs authorities;
Amendment 300 #
2023/0156(COD)
Proposal for a regulation
Article 32 – paragraph 1 – point c
Article 32 – paragraph 1 – point c
(c) data subjects who are economic operators and whose personal information is contained in the supporting documents referred to in Article 40, or in any additional evidence required for the fulfilment of the obligations imposed by customs legislation and other legislation applied by the customs authorities;
Amendment 301 #
2023/0156(COD)
Proposal for a regulation
Article 32 – paragraph 1 – point d
Article 32 – paragraph 1 – point d
(d) data subjects who are economic operators and whose personal data is contained in the data collected for risk management purposes pursuant to Article 50(3), point (a);
Amendment 304 #
2023/0156(COD)
Proposal for a regulation
Article 37 – paragraph 3
Article 37 – paragraph 3
3. Where authorities other than customs authorities or, Union bodies or authorities from third countries make use of electronic means established by, used to achieve the objectives of, or referred to in Union legislation, the cooperation may take place by means of interoperability of those electronic means with the EU Customs Data Hub.
Amendment 305 #
2023/0156(COD)
Proposal for a regulation
Article 37 – paragraph 4
Article 37 – paragraph 4
4. Where authorities other than customs authorities or authorities from third countries do not make use of electronic means established by, used to achieve the objectives of, or referred to in, Union legislation, those authorities may use the specific services and systems of the EU Customs Data Hub in accordance with Article 31.
Amendment 309 #
2023/0156(COD)
Proposal for a regulation
Article 50 – paragraph 3 – point a
Article 50 – paragraph 3 – point a
(a) collecting, processing, exchanging and analysing relevant data available in the EU Customs Data Hub and from other sources, including relevant data from competent authorities other than customs authorities;
Amendment 310 #
2023/0156(COD)
Proposal for a regulation
Article 50 – paragraph 4 a (new)
Article 50 – paragraph 4 a (new)
4 a. Infringement to other legislation applied by customs and notified by competent authorities to customs authorities shall negatively impact the risk profile of the relevant importers, exporters or deemed importers;
Amendment 311 #
2023/0156(COD)
Proposal for a regulation
Article 51 – paragraph 1
Article 51 – paragraph 1
1. The Commission mayshall establish common priority control areas and common risk criteria and standards for any type of risk, including but not limited to risks relating to financial interests.
Amendment 312 #
2023/0156(COD)
Proposal for a regulation
Article 51 – paragraph 2
Article 51 – paragraph 2
2. Without prejudice to paragraph 6, point (f), of this Article and to Article 43, the Commission mayshall identify specific areas in the domain of other legislation applied by the customs authorities that warrant priority treatment for customs risk management and controls.
Amendment 313 #
2023/0156(COD)
Proposal for a regulation
Article 51 – paragraph 3 – introductory part
Article 51 – paragraph 3 – introductory part
3. The Commission mayshall:
Amendment 314 #
2023/0156(COD)
Proposal for a regulation
Article 51 – paragraph 4
Article 51 – paragraph 4
4. For the purposes referred to in paragraphs 1 to 3, the Commission may collect, process and analyse data available in the EU Customs Data Hub and from other sources, including from authorities other than customs authorities, including from third countries, from the secretariats under relevant Multilateral Environmental Agreements and the customs Advisory Board.
Amendment 318 #
2023/0156(COD)
Proposal for a regulation
Article 53 – paragraph 1
Article 53 – paragraph 1
1. All risk information, signals, risk analysis results, control recommendations, control decisions and control results, shall be recorded in the operational process to which they relate and in the EU Customs Data Hub, irrespective of whether they were based on national or common risk analysis, or whether they were based on random selection. Customs authorities shall share risk information with each other, with the EU Customs Authority and with the Commission and where applicable, with the secretariats of Multilateral Environmental Agreements, provided that personal data is adequately protected.
Amendment 321 #
2023/0156(COD)
Proposal for a regulation
Article 54 – paragraph 1
Article 54 – paragraph 1
1. The Commission, in cooperation with the EU Customs Authority and the customs authorities, shall evaluate the implementation of risk management in order to continuously improve its operational and strategic effectiveness and efficiency at least once every 2 years; the evaluation shall be publicly accessible; the Commission may in addition arrange evaluation activities to be carried out where it considers necessary, and on an ongoing basis.
Amendment 324 #
2023/0156(COD)
Proposal for a regulation
Article 60 – paragraph 3 – point b
Article 60 – paragraph 3 – point b
(b) where they have any evidence that the goods do not comply with the relevant other legislation applied by the customs authorities, unless that legislation requires consulting other authorities beforehand;
Amendment 326 #
2023/0156(COD)
Proposal for a regulation
Article 60 – paragraph 3 – point b a (new)
Article 60 – paragraph 3 – point b a (new)
(b a) where other legislation applied by customs require consultation with other competent authorities;
Amendment 328 #
2023/0156(COD)
Proposal for a regulation
Article 60 – paragraph 5 – point b –point ii
Article 60 – paragraph 5 – point b –point ii
Amendment 332 #
2023/0156(COD)
Proposal for a regulation
Article 60 – paragraph 5 – point b –point iii
Article 60 – paragraph 5 – point b –point iii
(iii) the other authorities notify the customs authorities that more time is needed to assess whether the goods comply with the relevant other legislation applied by the customs authorities, on the condition that they have not requested to maintain the suspension, and the importer or the exporter provides to the customs authorities full traceability of those goods for 15 days starting from the notification of the other authorities or until the other authorities have assessed and communicated the outcome of their controls to the importer or the exporter, whichever comes first. The customs authorities shall make the traceability available to the other authorities.
Amendment 336 #
2023/0156(COD)
Proposal for a regulation
Article 80 – paragraph 2
Article 80 – paragraph 2
2. The advance cargo information shall include at least the importer responsible for the goods, the unique reference for the consignment, the consignor, the consignee, a description of the goods, the tariff classification, the value, the country of final destination of the goods, the data on the route and the nature and identification of the means of transport bringing the goods and the transportation cost. The advance cargo information shall be provided before the goods arrive to the customs territory of the Union.
Amendment 363 #
2023/0156(COD)
Proposal for a regulation
Article 150 – paragraph 10
Article 150 – paragraph 10
10. Where Even ifthe importer has opted to apply the simplified tariff treatment for distance sales, the importer may not benefit from the measures referred to in Article 145(2), points (d) and (e), or from non-tariff preferential measures apply.
Amendment 364 #
2023/0156(COD)
Proposal for a regulation
Article 159 – paragraph 2 – subparagraph 2
Article 159 – paragraph 2 – subparagraph 2
Where the information provided or made available for the purpose of the procedures referred to in paragraph 1 leads to all or part of the import duty not being collected, the person who provided that information and who knew, or who ought reasonably to have known, that such information was false shall also be a debtor. That person shall be responsible for the payment of any other charges applicable including custom formalities fees and courier fees
Amendment 367 #
2023/0156(COD)
Proposal for a regulation
Article 159 – paragraph 3
Article 159 – paragraph 3
3. Where Title XII, Chapter 6, Section 4 of Directive 2006/112/EC applies to the distance sales of goods to be imported from third countries or territories to an end- customer in the customs territory of the Union, the deemed importer shall incur a customs debt when the payment for the distance sale is accepted and shall be the debtor. The deemed importer shall also be responsible for the payment of any other charges applicable.
Amendment 374 #
2023/0156(COD)
Proposal for a regulation
Article 204 – paragraph 2
Article 204 – paragraph 2
2. The EU Customs Authority shall coordinate and supervise the application and implementation of the appropriate measures and arrangements by the customs authorities and shall report back on the results of this implementation to the Commission, the European Parliament and the Council.
Amendment 382 #
2023/0156(COD)
Proposal for a regulation
Article 208 – paragraph 3 – point j a (new)
Article 208 – paragraph 3 – point j a (new)
(j a) cooperate with the secretariats of relevant Multilateral Environmental Agreements to which the EU is party;
Amendment 396 #
2023/0156(COD)
Proposal for a regulation
Article 221 – paragraph 1 a (new)
Article 221 – paragraph 1 a (new)
Section 4 Customs Advisory Board 221a Customs Advisory Board 1.The EU Customs Authority shall estblish a Customs Advisory Board to assist the Executive Board 2.The Customs Advisory Board is tasked to: a) give input on the customs dimensions of other legislation applied by customs; b) communicate recommendations for priority areas of control 3.The Customs Advisory Board (CAB) shall be composed of representatives of civil society organisations, including consumer organisations, employers federation and other relevant stakeholders; 3. The Customs Advisory Board shall hold at least one ordinary meeting every six months. In addition, it shall meet at the request of the EU Customs Authority or Executive Board.
Amendment 398 #
2023/0156(COD)
Proposal for a regulation
Article 228 – paragraph 6
Article 228 – paragraph 6
6. In accordance with Regulation (EU) 2017/1939, EPPO mayis responsible for investigate anding, prosecute fraud and other illegal activitiing and bringing to judgment the perpetrators of and accomplices to, criminal offences affecting the financial interests of the Union as provided for in Directive (EU) 2017/1371 of the European Parliament and of the Council77 . ,including offences regarding participation in a criminal organisation and inextricably linked offences, as provided for in Article 22 of that Regulation. _________________ 77 Directive (EU) 2017/1371 of the European Parliament and of the Council of 5 July 2017 on the fight against fraud to the Union's financial interests by means of criminal law (OJ L 198, 28.7.2017, p. 29).
Amendment 400 #
2023/0156(COD)
Proposal for a regulation
Article 240 – paragraph 1
Article 240 – paragraph 1
1. Customs authorities shall cooperate with other authorities at national level, including, but not limited to, market surveillance authorities, sanitary and phytosanitary authorities, law enforcement authorities and tax authorities, in the field other legislation applied by the customs authorities, collection of duties and taxes and other relevant fields of cooperation. Customs authorities shall alert relevant competent authorities of suspected infringement to other EU legislations and add the information in the EU customs data hub. Where appropriate, customs authorities shall also cooperate with relevant bodies, expert groups, agencies, offices or networks coordinating the activities of other authorities at Union level. Where appropriate, customs authorities shall also cooperate with other relevant parties at EU level, as referred to in paragraph 9, and the involved customs authorities shall notify the EU Customs Authority.
Amendment 405 #
2023/0156(COD)
Proposal for a regulation
Article 241 – paragraph 2
Article 241 – paragraph 2
2. For this purpose, the EU Customs Authority shall follow the customs policy priorities and ensure the necessary links and coordination with the anti-fraud activities byof OLAF and EPPO and national customs investigations, as well as the criminal investigations of EPPO or other competent national authorities.
Amendment 407 #
2023/0156(COD)
Proposal for a regulation
Article 242 – paragraph 1 – point h
Article 242 – paragraph 1 – point h
(h) alerting other authorities about risks relevant for their work, as well as reporting suspicions of fraud and criminality;
Amendment 413 #
2023/0156(COD)
Proposal for a regulation
Article 252 – paragraph 1 – point f a (new)
Article 252 – paragraph 1 – point f a (new)
(f a) failure to comply with importer and deemed importer obligations in accordance to article 20 and 21.
Amendment 416 #
2023/0156(COD)
Proposal for a regulation
Article 253 – paragraph 1
Article 253 – paragraph 1
1. Without prejudice to the sanctions laid down in Article 254, Member States may provide for additional sanctions for customs infringements referred to in Article 252 and for all measures necessary to ensure that such sanctions are implemented. Such sanctions shall be effective, proportionate and dissuasive. The European Commission, Member States and the EU Customs Authority shall regularly exchange best practices and applicable methodologies on audit and sanctions calculation, in order to improve the convergence and coherence of sanctions accross the EU. The Commission shall regularly assess whether the sanctions applied by Member States are sufficient to reach the objectives of the described in Article 2, and take appropriate action if necessary.
Amendment 421 #
2023/0156(COD)
Proposal for a regulation
Article 256 – paragraph 4
Article 256 – paragraph 4
4. The Commission shall verify the report and transmit it afterwards to the Member States and the Europan Parliamentfor information.
Amendment 426 #
2023/0156(COD)
Proposal for a regulation
Article 265 – paragraph 3
Article 265 – paragraph 3
3. The functionalities of the EU Customs Data Hub laid down in Article 29 shall be fully operational by 31 December 20372.
Amendment 433 #
2023/0156(COD)
Proposal for a regulation
Article 265 – paragraph 7 – introductory part
Article 265 – paragraph 7 – introductory part
7. By 31 December 20351, the Commission shall publish and present a report to the European Parliament and to the Council to assess, in particular:
Amendment 77 #
2023/0133(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) SEPs are patents that protect technology that is incorporated in a standard. SEPs are ‘essential’ in the sense that implementation of the standard requires use of the inventions covered by SEPs. The success of a standard depends on its wide implementation and as such every stakeholder should be allowed to use a standard. To ensure wide implementation and accessibility of standards, standard development organisations demand the SEP holders that participate in standard development to commit to license those patents on FRAND terms and conditions to implementers that chose to use the standard. The FRAND commitment is a voluntary contractual commitment given by the SEP holder for the benefit of third parties, and it should be respected as such also by subsequent SEP holders. This Regulation should apply to patents in force in the European Union that are essential to a standard that has been published by a standard development organisation, to which the SEP holder has made a commitment to license its SEPs on fair, reasonable and non-discriminatory (FRAND) terms and conditions and that is not subject to a royalty-free intellectual property policy, after the entry into force of this Regulation.
Amendment 83 #
2023/0133(COD)
Proposal for a regulation
Recital 5
Recital 5
Amendment 88 #
2023/0133(COD)
Proposal for a regulation
Recital 7 a (new)
Recital 7 a (new)
(7 a) Because royalty-free and open standards are key in the development of our digital society - including the development of open software - prevent vendor lock-in and other barriers to interoperability, promote choice between vendors and technology solutions, ensure full market competition and innovation, this regulation should apply to such standards, while not discouraging SEP holders to innovate and participate in open standards development.
Amendment 90 #
2023/0133(COD)
Proposal for a regulation
Recital 8
Recital 8
Amendment 93 #
2023/0133(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) The competence centre should set up and administer an electronic register and an electronic database containing detailed information on SEPs in force in one or more Member States, including essentiality check results, opinions, reports, available case-law from jurisdictions across the globe, rules relating to SEPs in third countries, and results of studies specific to SEPs. In order to raise awareness and facilitate SEP licensing for SMEs, the competence centre should offer assistance to SMEs. The setting up and administering a system for essentiality checks and processes for aggregate royalty determination and FRAND determination by the competence centre should include actions improving the system and the processes on a continuous basis, including through the use of new technologies. In line with this objective, the competence centre should establish training procedures for evaluators of essentiality and conciliators for providing opinions on aggregate royalty as well as on FRAND determination and should encourage consistency in their practices. The electronic register and the database should serve as primary reference points for users, providing easily accessible information about SEPs free of charge. The information made accessible should not be subject to licensing terms, so that it can be used freely.
Amendment 97 #
2023/0133(COD)
Proposal for a regulation
Recital 15
Recital 15
Amendment 100 #
2023/0133(COD)
Proposal for a regulation
Recital 16
Recital 16
Amendment 104 #
2023/0133(COD)
Proposal for a regulation
Recital 18
Recital 18
(18) Once a standard has been notified or an aggregate royalty is specified, whichever is made first, the competence centre will open the registration of SEPs by holders of SEPs in force in one or more Member States.
Amendment 106 #
2023/0133(COD)
Proposal for a regulation
Recital 20
Recital 20
Amendment 116 #
2023/0133(COD)
Proposal for a regulation
Recital 25
Recital 25
(25) These essentiality checks should be conducted on a sampling from SEP portfolios to ensure that the sample is capable of producing statistically valid results. The results of the sampled essentiality checks should determine the ratio of positively checked SEPs from all the SEPs registered by each SEP holder. The essentiality rate should be updated annually.
Amendment 118 #
2023/0133(COD)
Proposal for a regulation
Recital 26
Recital 26
(26) SEP holders or implementers may also designate annually up to 100 registered SEPs for essentiality checks. If the pre-selected SEPs are confirmed essential, the SEP holders may use this information in negotiations and as evidence in courts, without prejudicing the right of an implementer to challenge the essentiality of a registered SEP in court. The selected SEPs would have no bearing on the sampling process as the sample should be selected from all registered SEPs of each SEP holder. If a preselected SEP and a SEP selected for the sample set are the same, only one essentiality check should be done. Essentiality checks should not be repeated on SEPs from the same patent family.
Amendment 120 #
2023/0133(COD)
Proposal for a regulation
Recital 30
Recital 30
(30) It is necessary to ensure that the registration and ensuing obligations provided for in this Regulation are not circumvented by removing a SEP from the register. When an evaluator finds a claimed SEP non-essential, only the SEP holder can request its removal from the register and only after the annual sampling process has been completed and the proportion of true SEPs from the sample has been established and published.
Amendment 123 #
2023/0133(COD)
Proposal for a regulation
Recital 33
Recital 33
Amendment 127 #
2023/0133(COD)
Proposal for a regulation
Recital 34
Recital 34
(34) Each party may choose whether it wishes to engage in the procedure and commit to comply with its outcome. Where a party does not reply to the FRAND determination request or does not commit to comply with the outcome of the FRAND determination, the other party should be able to request either the termination or the unilateral continuation of the FRAND determination. Such a party should not be exposed to litigation during the time of the FRAND determination. At the same time, the FRAND determination should be an effective procedure for the parties to reach agreement before litigation or to obtain a determination to be used in further proceedings. Therefore, the party or parties that commit to complying with the outcome of the FRAND determination and duly engage in the procedure should be able to benefit from its completion.
Amendment 131 #
2023/0133(COD)
Proposal for a regulation
Recital 35
Recital 35
(35) The obligation to initiate FRAND determination should not be detrimental to the effective protection of the parties’ rights. In that respect, the party that commits to comply with the outcome of the FRAND determination while the other party fails to do so should be entitled to initiate proceedings before the competent national court pending the FRAND determination. In addition, eNo FRAND determination process should prevents access to the courts. Either party should be able to request a provisional injunctionof a financial nature before the competent court. In a situation where a FRAND commitment has been given by the relevant SEP holder, provisional injunctions of an adequate and proportionate financial nature should provide the necessary judicial protection to the SEP holder who has agreed to license its SEP on FRAND terms, while the implementer should be able to contest the level of FRAND royalties or raise a defence of lack of essentiality or of invalidity of the SEP. In those national systems that require the initiation of the proceedings on the merits of the case as a condition to request the interim measures of a financial nature, it should be possible to initiate such proceedings, but the parties should request that the case be suspended during the FRAND determination. When determining what level of the provisional injunction of financial nature is to be deemed adequate in a given case, account should be taken, inter alia, of the economic capacity of the applicant and the potential effects for the effectiveness of the measures applied for, in particular for SMEs, also in order to prevent the abusive use of such measures. It should also be clarified that once the FRAND determination is terminated, the whole range of measures, including provisional, precautionary and corrective measures, should be available to parties.
Amendment 139 #
2023/0133(COD)
Proposal for a regulation
Recital 37
Recital 37
(37) Upon appointment, the conciliation centre should refer the FRAND determination to the conciliator, who should examine whether the request contains the necessary information, and communicate the schedule of procedure to the parties or the party requesting the continuations of the FRAND determination.
Amendment 142 #
2023/0133(COD)
Proposal for a regulation
Recital 40
Recital 40
(40) If a party initiates a procedure in a jurisdiction outside the Union resulting in legally binding and enforceable decisions regarding the same standard that is subject to FRAND determination and its implementation, or including SEPs from the same patent family as SEPs subject to FRAND determination and involving one or more of the parties to the FRAND determination as a party; before or during of the FRAND determination by a party, the conciliator, or where he/she has not been appointed has not been established, the competence centre, should be able to terminate the procedure upon the request of the otherany party.
Amendment 146 #
2023/0133(COD)
Proposal for a regulation
Recital 44
Recital 44
(44) When determining the aggregate royalties and making FRAND determinations the conciliators should take into account in particular any Union acquis and judgments of the Court of Justice pertaining to SEPs as well as guidance issued under this Regulation, the Horizontal Guidelines42 and the Commission’s 2017 Communication ‘Setting out the EU approach to Standard Essential Patents’.43 Furthermore, the conciliators should consider any expert opinion on the aggregate royaltyFRAND determination, or in the absence thereof, should request information from the parties before it makes its final proposals well as guidance issued under this Regulation, as well as guidance issued under this Regulation. __________________ 42 Communication from the Commission – Guidelines on the applicability of Article 101 of the Treaty on the Functioning of the European Union to horizontal co-operation agreements, OJ C 11, 14.01.2011, pp. 1 (currently under review) 43 Communication on Setting out the EU approach to Standard Essential Patents, COM(2017)712 final, 29.11.2017.
Amendment 147 #
2023/0133(COD)
Proposal for a regulation
Recital 45 a (new)
Recital 45 a (new)
(45 a) In addition, it is important to ensure that the new EU rules and their implementation do not undermine the EU innovation technological leadership.
Amendment 155 #
2023/0133(COD)
Proposal for a regulation
Recital 48
Recital 48
(48) In order to ensure uniform conditions for the implementation of the relevant provisions of this Regulation, implementing powers should be conferred on the Commission to adopt the detailed requirements for the selection of evaluators and conciliators, as well as adopt the rules of procedure and Code of Conduct for evaluators and conciliators. The Commission should also adopt the technical rules for the selection of a sample of SEPs for essentiality checks and the methodology for the conduct of such essentiality checks by evaluators and peer evaluators. The Commission should also determine any administrative fees for its services in relation to the tasks under this Regulation and fees for the services evaluators, experts and conciliators, derogations thereof and payment methods and adapt them as necessary. The Commission should also determine the standards or parts thereof that have been published before the entry into force of this Regulation, for which SEPs can be registered. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council. 45 __________________ 45 Regulation (EU) No 182/2011 of the European Parliament and of the Council laying down the rules and general principles concerning mechanisms for control by the Member States of the Commission’s exercise of implementing powers (OJ L 55, 28.2.2011, p. 13.)
Amendment 158 #
2023/0133(COD)
Proposal for a regulation
Recital 49
Recital 49
(49) Regulation (EU) 2017/1001 of the European Parliament and of the Council46 should be amended to empower EUIPO to take on the tasks under this Regulation. The functions of the Executive Director should also be expanded to include the powers conferred on him under this Regulation. Furthermore, the EUIPO’s arbitration and mediation centre should be empowered to set up processes such as the aggregate royalty determination and the FRAND determination. __________________ 46 Regulation (EU) 2017/1001 of the European Parliament and of the Council of 14 June 2017 on the European Union trade mark (OJ L 154, 16.6.2017, p. 1.)
Amendment 165 #
2023/0133(COD)
Proposal for a regulation
Article 1 – paragraph 2 – introductory part
Article 1 – paragraph 2 – introductory part
2. This Regulation shall apply to patents that are in force in one or more Member States and have been declared essential to a standard that has been published by a standard development organisation, to which the SEP holder has made a commitment to license its SEPs on fair, reasonable and non-discriminatory (FRAND) terms and conditions and that is not subject to a royalty-free intellectual property policy,
Amendment 166 #
2023/0133(COD)
Proposal for a regulation
Article 1 – paragraph 2 – point a
Article 1 – paragraph 2 – point a
Amendment 174 #
2023/0133(COD)
Proposal for a regulation
Article 1 – paragraph 2 – point b
Article 1 – paragraph 2 – point b
Amendment 188 #
2023/0133(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 7
Article 2 – paragraph 1 – point 7
(7) ‘implementer’ means a natural or legal person that implements, or intends to implement, a standard in a product, process, service or system on the European Union market;
Amendment 191 #
2023/0133(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 10
Article 2 – paragraph 1 – point 10
Amendment 204 #
2023/0133(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point f
Article 3 – paragraph 2 – point f
Amendment 218 #
2023/0133(COD)
Proposal for a regulation
Article 5 – paragraph 2 – point g
Article 5 – paragraph 2 – point g
Amendment 219 #
2023/0133(COD)
Proposal for a regulation
Article 5 – paragraph 2 – point h
Article 5 – paragraph 2 – point h
Amendment 239 #
2023/0133(COD)
Proposal for a regulation
Article 13 – paragraph 2 – point c a (new)
Article 13 – paragraph 2 – point c a (new)
(c a) informing the public and any interested parties of the existence of standards, with easily accessible research tools;
Amendment 249 #
2023/0133(COD)
Proposal for a regulation
Article 15
Article 15
Amendment 252 #
2023/0133(COD)
Proposal for a regulation
Article 16
Article 16
Amendment 256 #
2023/0133(COD)
Proposal for a regulation
Article 17
Article 17
Amendment 261 #
Amendment 274 #
2023/0133(COD)
Proposal for a regulation
Article 19 – paragraph 1 – introductory part
Article 19 – paragraph 1 – introductory part
1. The competence centre shall create an entry in the register for a standard for which FRAND commitments have been made within 60 days from the earliest of the following events:publication by the competence centre of the standard and related information referred to in Article 14(7)
Amendment 293 #
2023/0133(COD)
Proposal for a regulation
Article 26 – paragraph 2 – introductory part
Article 26 – paragraph 2 – introductory part
2. A conciliator shall conduct the following tasks:serve in the FRAND determination.
Amendment 297 #
2023/0133(COD)
Proposal for a regulation
Article 26 – paragraph 2 – point a
Article 26 – paragraph 2 – point a
Amendment 300 #
2023/0133(COD)
Proposal for a regulation
Article 26 – paragraph 2 – point b
Article 26 – paragraph 2 – point b
Amendment 302 #
2023/0133(COD)
Proposal for a regulation
Article 26 – paragraph 2 – point c
Article 26 – paragraph 2 – point c
Amendment 309 #
2023/0133(COD)
Proposal for a regulation
Article 26 – paragraph 5 – introductory part
Article 26 – paragraph 5 – introductory part
5. By [OJ: please insert the date = 18 months from entry into force of this regulation], the Commission shall by means of an implementing act adopted in accordance with the examination procedure referred to in Article 68(2), lay down the practical and operational arrangements concerning:
Amendment 315 #
2023/0133(COD)
Proposal for a regulation
Article 26 – paragraph 5 – point b
Article 26 – paragraph 5 – point b
(b) the procedures pursuant to Articles 17, 18, 31 and 32 and Title VI.
Amendment 327 #
2023/0133(COD)
Proposal for a regulation
Article 29 – paragraph 6
Article 29 – paragraph 6
Amendment 335 #
2023/0133(COD)
Proposal for a regulation
Article 34 – paragraph 4
Article 34 – paragraph 4
4. The obligation to initiate FRAND determination pursuant to paragraph 1 prior to the court proceedings is without prejudice to the possibility for either party to request, pending the FRAND determination, the competent court of a Member State to issue a provisional injunction of a financial nature against the alleged infringer. The provisional injunction shall exclude the seizure of property of the alleged infringer and the seizure or delivery up of the products suspected of infringing a SEP. Where national law provides that the provisional injunction of a financial nature can only be requested where a case is pending on the merits, either party may bring a case on the merits before the competent court of a Member State for that purpose. However, the parties shall request the competent court of a Member State to suspend the proceedings on the merits for the duration of the FRAND determination. In deciding whether to grant the provisional injunction, the competent court of a Member States shall consider that a procedure for FRAND determination is ongoing.
Amendment 338 #
2023/0133(COD)
Proposal for a regulation
Article 34 – paragraph 5
Article 34 – paragraph 5
Amendment 343 #
2023/0133(COD)
Proposal for a regulation
Article 37 – paragraph 2
Article 37 – paragraph 2
Amendment 348 #
2023/0133(COD)
Proposal for a regulation
Article 38 – paragraph 3 – introductory part
Article 38 – paragraph 3 – introductory part
3. Where the responding party does not reply within the time limit laid down in paragraph (2) or informs the competence centre of its decision not to participate in the FRAND determination, or not to commit to comply with the outcome, the following shall apply:the competence centre shall terminate the FRAND determination.
Amendment 350 #
2023/0133(COD)
Proposal for a regulation
Article 38 – paragraph 3 – point a
Article 38 – paragraph 3 – point a
Amendment 353 #
2023/0133(COD)
Proposal for a regulation
Article 38 – paragraph 3 – point b
Article 38 – paragraph 3 – point b
Amendment 355 #
2023/0133(COD)
Proposal for a regulation
Article 38 – paragraph 3 – point c
Article 38 – paragraph 3 – point c
Amendment 361 #
2023/0133(COD)
Proposal for a regulation
Article 38 – paragraph 4 – introductory part
Article 38 – paragraph 4 – introductory part
4. Where the responding party agrees to the FRAND determination and commits to comply with its outcome pursuant to paragraph (2), including where, such commitment ishall contingent upon the commitment ofue and, provided the requesting party to comply with is mutual agreement, the outcome of the FRAND determination, the following shall apply: may be finding for both parties;
Amendment 362 #
2023/0133(COD)
Proposal for a regulation
Article 38 – paragraph 4 – point a
Article 38 – paragraph 4 – point a
Amendment 366 #
2023/0133(COD)
Proposal for a regulation
Article 38 – paragraph 4 – point b
Article 38 – paragraph 4 – point b
Amendment 371 #
2023/0133(COD)
Proposal for a regulation
Article 38 – paragraph 4 – point c
Article 38 – paragraph 4 – point c
Amendment 379 #
2023/0133(COD)
Proposal for a regulation
Article 38 – paragraph 6
Article 38 – paragraph 6
Amendment 388 #
2023/0133(COD)
Proposal for a regulation
Article 39 – paragraph 1
Article 39 – paragraph 1
1. Following the reply to the FRAND determination by the responding party in accordance with Article 38(2), or the request to continue in accordance with Article 38(5), the competence centre shall propose at least 3 candidates for the FRAND determination from the roster of conciliators referred to Article 27(2). The parties or party shall select one of the proposed candidates as a conciliator for the FRAND determination.
Amendment 391 #
2023/0133(COD)
Proposal for a regulation
Article 42 – paragraph 2
Article 42 – paragraph 2
2. He/she shall communicate to the parties or the party requesting the continuation of the FRAND determination the conduct as well as the schedule of procedure.
Amendment 395 #
2023/0133(COD)
Proposal for a regulation
Article 44 – paragraph 1
Article 44 – paragraph 1
1. A party may submit an objection stating that the conciliator is unable to make a FRAND determination on legal grounds, such as a previous binding FRAND determination or agreement between the parties, no later than in the first written submissionat any time. The other party shall be given opportunity to submit its observations.
Amendment 396 #
2023/0133(COD)
Proposal for a regulation
Article 44 – paragraph 2
Article 44 – paragraph 2
2. The conciliator shall decide on the objection and either reject it as unfounded before considering the merits of the case or join it to the examination of the merits of the FRAND determination. If the conciliator overrules the objection or joins it to the examination of the merits of the determination of FRAND terms and conditions, it shall resume consideration of the determination of FRAND terms and conditionsmay invite the parties to meet with him/her or may communicate with him/her orally or in writing.
Amendment 401 #
2023/0133(COD)
Proposal for a regulation
Article 45 – paragraph 3
Article 45 – paragraph 3
3. The parties or the party requesting the continuation of the FRAND determination shall cooperate in good faith with the conciliator and, in particular, shall attend the meetings, comply with his/her requests to submit all relevant documents, information and explanations as well as use the means at their disposal to enable the conciliator to hear witnesses and experts whom the conciliator might call.
Amendment 405 #
2023/0133(COD)
Proposal for a regulation
Article 45 – paragraph 4
Article 45 – paragraph 4
Amendment 408 #
2023/0133(COD)
Proposal for a regulation
Article 45 – paragraph 5
Article 45 – paragraph 5
5. At any stage of the procedure upon request by both parties, or the party requesting the continuation of the FRAND determination, as applicable, the conciliator shall terminate the FRAND determination.
Amendment 412 #
2023/0133(COD)
Proposal for a regulation
Article 46 – paragraph 1 – point b
Article 46 – paragraph 1 – point b
Amendment 417 #
2023/0133(COD)
Proposal for a regulation
Article 46 – paragraph 3
Article 46 – paragraph 3
Amendment 421 #
2023/0133(COD)
Proposal for a regulation
Article 47 – paragraph 2
Article 47 – paragraph 2
2. Where a parallel proceeding has been initiated before or during the FRAND determination by a party, the conciliator, or where he/she has not been appointed, the competence centre, shall terminate the FRAND determination upon the request of any other party.
Amendment 423 #
2023/0133(COD)
Proposal for a regulation
Article 50 – paragraph 3
Article 50 – paragraph 3
3. When submitting suggestions for FRAND terms and conditions, the conciliator shall take into account the impact of the determination FRAND terms and conditions on the value chain and on the incentives to innovation of both the SEP holder and the stakeholders in the relevant value chain. To that end, the conciliator may rely on the expert opinion referred to in Article 18 or, in case of absence of such an opinion request additional information and hear experts or stakeholders.
Amendment 429 #
2023/0133(COD)
Proposal for a regulation
Article 55 – paragraph 1
Article 55 – paragraph 1
1. At the latest 45 days before the end of the time limit referred to in Article 37, the conciliator shall submit a reasoned proposal for a determination of FRAND terms and conditions to the parties or, as applicable, the party requesting the continuation of the FRAND determination.
Amendment 431 #
2023/0133(COD)
Proposal for a regulation
Article 55 – paragraph 2
Article 55 – paragraph 2
2. Either party may submit observations to the proposal and suggest amendments to the proposal by the conciliator, who may reformulate its proposal to take into account the observations submitted by the parties and shall inform the parties or the party requesting the continuation of the FRAND determination, as applicable, of such reformulation.
Amendment 447 #
2023/0133(COD)
Proposal for a regulation
Article 61 – paragraph 1
Article 61 – paragraph 1
1. The competence centre shall offer training and support on SEP related matters for micro, small and medium-size enterprises free of charge, whether they are SEP holders or implementers. The competence centre will, on a regular basis, proactively seek input from micro, small and medium-size enterprises on what training and support would be most helpful.
Amendment 451 #
2023/0133(COD)
Proposal for a regulation
Article 61 – paragraph 2
Article 61 – paragraph 2
2. The competence centre may commission studies, if it considers it necessary, to assist micro, small and medium-size enterprises on SEP related matters. The competence centre will, on a regular basis, proactively seek the input of micro, small and medium-size enterprises to inform its own decisions on which studies would be most helpful.
Amendment 455 #
2023/0133(COD)
Proposal for a regulation
Article 61 a (new)
Article 61 a (new)
Article 61a Safe harbour for micro, small and medium-size enterprises 1. The competence centre shall offer micro, small and medium-size enterprises in the EU the opportunity to register their willingness to engage in mediation under the World Intellectual Property Organisation (WIPO) Arbitration and Mediation system for SEP-related disputes involving SMEs. SEP holders shall not initiate any legal action to enforce a SEP against micro, small and medium-sized enterprises in the EU having registered their willingness to engage in such mediation system. 2.The competence centre shall offer the possibility to micro, small and medium- size enterprises in the EU to make an commitment to accept a licence on FRAND terms and conditions from any SEP holder with a registered SEP. In such case, the relevant SEP holder may not initiate any legal action seeking an injunction if a Member State court.
Amendment 461 #
2023/0133(COD)
Proposal for a regulation
Article 63 – paragraph 2 – point b
Article 63 – paragraph 2 – point b
Amendment 465 #
2023/0133(COD)
Proposal for a regulation
Article 63 – paragraph 3 – point a
Article 63 – paragraph 3 – point a
Amendment 467 #
2023/0133(COD)
Proposal for a regulation
Article 63 – paragraph 3 – point b
Article 63 – paragraph 3 – point b
Amendment 471 #
2023/0133(COD)
Proposal for a regulation
Article 64 – paragraph 2
Article 64 – paragraph 2
2. If the amounts requested are not paid in full within 10 days after the date of the request, the competence centre may notify the defaulting party and give it the opportunity to make the required payment within [5] days. It shall submit a copy of the request to the other party, in case of an aggregate royalty or FRAND determination.
Amendment 477 #
2023/0133(COD)
Proposal for a regulation
Article 66
Article 66
Amendment 118 #
2023/0124(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 16
Article 2 – paragraph 1 – point 16
(16) ‘authorised representative’ means any natural or legal persons established within the Union that have received a written mandate from a manufacturer to act on their behalf in relation to specified tasks with regard to the manufacturer’s obligations under this Regulation;
Amendment 119 #
2023/0124(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 19
Article 2 – paragraph 1 – point 19
(19) ‘economic operator’ means the manufacturer, the authorised representative, the importer , the distributor, the distributorfulfilment service provider or any other natural or legal person who is subject to obligations in relation to the manufacture of products or in relation to making them available on the market in accordance with this Regulation;
Amendment 120 #
2023/0124(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 21
Article 2 – paragraph 1 – point 21
(21) ‘market surveillance authority’ means a market surveillance authority as defined in Article 3, point 4, of Regulation (EU) 2019/1020 as responsible for organising and carrying out market surveillance in the territory of that Member State;
Amendment 123 #
2023/0124(COD)
Proposal for a regulation
Article 7 – paragraph 2 – subparagraph 1
Article 7 – paragraph 2 – subparagraph 1
Amendment 125 #
2023/0124(COD)
Proposal for a regulation
Article 7 – paragraph 3
Article 7 – paragraph 3
3. Manufacturers shall keepdraw up and keep up to date the technical documentation and the product passport for at least 10 years after the last time the detergent or the surfactant covered by that documentation or product passport has been placed on the market.
Amendment 129 #
2023/0124(COD)
Proposal for a regulation
Article 7 – paragraph 4 – subparagraph 2
Article 7 – paragraph 4 – subparagraph 2
When deemed appropriate with regard to the performance of, or the risks presented by, a detergent or surfactant, manufacturers shall carry out sample testing of such detergents or surfactants, investigate, and, if necessary, keep a register of complaints, of non- conforming detergents or surfactants and recalls of such detergent or surfactants, and shall keep distributors informed of any such monitoring.
Amendment 130 #
2023/0124(COD)
Proposal for a regulation
Article 7 – paragraph 4 – subparagraph 2 a (new)
Article 7 – paragraph 4 – subparagraph 2 a (new)
Manufacturers shall make publicly available communication channels such as a telephone number, electronic address or dedicated section of their website, taking into account accessibility needs for persons with disabilities, enabling consumers to submit complaints and to inform manufacturers of any accident or safety issue they have experienced with a detergent or surfactant.
Amendment 131 #
2023/0124(COD)
Proposal for a regulation
Article 7 – paragraph 4 – subparagraph 2 b (new)
Article 7 – paragraph 4 – subparagraph 2 b (new)
Manufacturers shall investigate complaints submitted, and information received on accidents, that concern the safety of products they made available on the market and which have been alleged to be dangerous by the complainant, and shall keep an internal register of those complaints as well as of product recalls and any corrective measures taken to bring the detergent or surfactant into conformity.
Amendment 132 #
2023/0124(COD)
Proposal for a regulation
Article 7 – paragraph 4 – subparagraph 2 c (new)
Article 7 – paragraph 4 – subparagraph 2 c (new)
The internal register of complaints shall only store those personal data that are necessary for the manufacturer to investigate the complaint about an alleged dangerous detergents or surfactants. Such data shall only be kept as long as is necessary for the purposes of the investigation and in any event no longer than five years after the data have been entered.
Amendment 133 #
2023/0124(COD)
Proposal for a regulation
Article 7 – paragraph 6 – subparagraph 2 – point a
Article 7 – paragraph 6 – subparagraph 2 – point a
(a) upon request from the Member States’ appointed bodiesbefore placing the detergent on the market in the Member State concerned;
Amendment 136 #
2023/0124(COD)
Proposal for a regulation
Article 7 – paragraph 6 – subparagraph 2 – point b
Article 7 – paragraph 6 – subparagraph 2 – point b
(b) when the detergent for which a data sheet has already been requestprovided no longer corresponds to the information included in that datasheet.
Amendment 137 #
2023/0124(COD)
Proposal for a regulation
Article 7 – paragraph 7 a (new)
Article 7 – paragraph 7 a (new)
7 a. Manufacturers shall ensure that all relevant economic operators, including distributors, importers and authorised representatives, and providers of online marketplaces in the supply chain concerned, are kept informed in a timely manner of any conformity issue or risk to the health or the environment that they have identified, and of any corrective action, recall or withdrawal.
Amendment 139 #
2023/0124(COD)
Proposal for a regulation
Article 7 – paragraph 8
Article 7 – paragraph 8
8. Manufacturers shall, further to a reasoned request from a competent national authority, provide it with all the information and documentation, in paper or electronic format and, on request, in paper format, necessary to demonstrate the conformity of the detergent or surfactant with this Regulation, in a language which can be easily understood by that authority. They shall cooperate with that authority, at its request, on any action taken to eliminate the risks posed by a detergent or surfactant which they have placed on the market.
Amendment 140 #
2023/0124(COD)
Proposal for a regulation
Article 7 – paragraph 8 a (new)
Article 7 – paragraph 8 a (new)
8 a. Manufacturers established outside of the Union shall ensure that their authorised representative has the necessary documentation permanently available in order to fulfil the tasks referred to in Article 15(3).
Amendment 143 #
2023/0124(COD)
Proposal for a regulation
Article 8 – paragraph 3 – subparagraph 2 – point b
Article 8 – paragraph 3 – subparagraph 2 – point b
(b) keep the product passport and technical documentation at the disposal of national market surveillance authorities for at least 10 years after the last time the detergent or surfactant covered by those documents has been placed on the market;
Amendment 144 #
2023/0124(COD)
Proposal for a regulation
Article 8 – paragraph 3 – subparagraph 2 – point c
Article 8 – paragraph 3 – subparagraph 2 – point c
(c) further to a reasoned request from a competent national authority, provide that authority with all the information and documentation necessary to demonstrate the conformity of the detergent or surfactant with the requirements laid down in this Regulation in an official language that can be understood by that authority;
Amendment 145 #
2023/0124(COD)
Proposal for a regulation
Article 8 – paragraph 3 – subparagraph 2 – point e
Article 8 – paragraph 3 – subparagraph 2 – point e
(e) immediately terminate the mandate if the manufacturer does not comply with the obligations of the manufacturer under this Regulation and immediately inform the market surveillance authority of the Member State in which is established.
Amendment 146 #
2023/0124(COD)
Proposal for a regulation
Article 8 – paragraph 3 – subparagraph 2 – point e a (new)
Article 8 – paragraph 3 – subparagraph 2 – point e a (new)
(e a) where the authorised representative considers or has reason to believe that a detergent or a surfactant is dangerous, inform the manufacturer thereof.
Amendment 147 #
2023/0124(COD)
Proposal for a regulation
Article 8 – paragraph 3 – subparagraph 2 a (new)
Article 8 – paragraph 3 – subparagraph 2 a (new)
In case of change of authorised representative, the detailed arrangements for the change shall be clearly defined in an agreement between the manufacturer, where practicable the outgoing authorised representative, and the incoming authorised representative. That agreement shall address at least the date of termination of the mandate of the outgoing authorised representative and date of beginning of the mandate of the incoming authorised representative, as well as the transfer of documents, including confidentiality aspects and property rights.
Amendment 150 #
2023/0124(COD)
Proposal for a regulation
Article 9 – paragraph 4
Article 9 – paragraph 4
4. Importers shall indicate their name, registered trade name or registered trade mark and the postal and email address at which they can be contacted on the label of the detergent or surfactant. That information shall be placed on the product or, where that is not possible, on its packaging or in a document accompanying the product. Importers shall ensure that any additional label does not obscure any information required by Union law on the label provided by the manufacturer. The contact details shall be in a language easily understood by end- users and market surveillance authorities.
Amendment 152 #
2023/0124(COD)
Proposal for a regulation
Article 9 – paragraph 7
Article 9 – paragraph 7
7. When deemed appropriate with regard to the performance of a detergent or surfactant or the risks presented by them, importers shall carry out sample testing of such detergents and surfactants, investigate, and, if necessary, keep a register of complaints, of non-conforming detergents and surfactants and recalls of such detergents and surfactants, and shall keep distributors informed of any such monitoring.
Amendment 153 #
2023/0124(COD)
Proposal for a regulation
Article 9 – paragraph 7 a (new)
Article 9 – paragraph 7 a (new)
7 a. Importers shall verify whether the communication channels referred to in Article 7 (4 a new) are publicly available to consumers, thereby allowing them to present complaints and communicate any accident or safety issue they have experienced with the detergent. If such channels are not available, importers shall provide for them, taking into account accessibility needs for persons with disabilities.
Amendment 154 #
2023/0124(COD)
Proposal for a regulation
Article 9 – paragraph 7 b (new)
Article 9 – paragraph 7 b (new)
7 b. Importers shall investigate complaints submitted, and information received on accidents, that concern the safety of detergents or surfactants they made available on the market, which the complainant has alleged to be dangerous, and file those complaints, as well as detergent recalls and any corrective measures taken to bring the detergent into conformity, in the register referred to in Article 7 (4 b new), or in their own internal register. Importers shall keep the manufacturer, distributors, and, where relevant, fulfilment service providers and providers of online marketplaces informed in a timely manner of the investigation performed and of the results of the investigation.
Amendment 155 #
2023/0124(COD)
Proposal for a regulation
Article 9 – paragraph 7 c (new)
Article 9 – paragraph 7 c (new)
7 c. The register of complaints shall only store those personal data that are necessary for the importer to investigate the complaint about an alleged dangerous detergent or surfactant. Such data shall only be kept for as long as is necessary for the purposes of the investigation and in any event no longer than five years after the data have been entered.
Amendment 156 #
2023/0124(COD)
Proposal for a regulation
Article 9 – paragraph 8 a (new)
Article 9 – paragraph 8 a (new)
8 a. Importers shall ensure that all relevant economic operators and providers of online marketplaces in the supply chain concerned are kept informed in a timely manner of any conformity issue or risk to the health or the environment that they have identified, and of any corrective action, recall or withdrawal.
Amendment 157 #
2023/0124(COD)
Proposal for a regulation
Article 9 – paragraph 9
Article 9 – paragraph 9
9. Importers shall keep the reference to the unique product identifier at the disposal of the market surveillance authorities for a period of at least 10 years after the last time the detergent or surfactant has been placed on the market and shall ensure that the technical documentation can be made available to those authorities, upon request.
Amendment 160 #
2023/0124(COD)
Proposal for a regulation
Article 9 – paragraph 10
Article 9 – paragraph 10
10. Importers shall, further to a reasoned request from a competent national authority, provide it with all the information and documentation, in paper or electronic format and, on request, in paper format, necessary to demonstrate the conformity of the detergent or surfactant with this Regulation in a language which can be easily understood by that authority. They shall cooperate with that authority, at its request, on any action taken to eliminate the risks posed by a detergent or surfactant which they have placed on the market.
Amendment 162 #
2023/0124(COD)
Proposal for a regulation
Article 10 – paragraph 6
Article 10 – paragraph 6
6. Distributors shall, further to a reasoned request from a competent national authority, provide it with all the information and documentation, in paper or electronic format and, on request, in paper format, necessary to demonstrate the conformity of the detergent or surfactant with this Regulation. They shall cooperate with that authority, at its request, on any action taken to eliminate the risks posed by detergents and surfactants which they have made available on the market.
Amendment 164 #
2023/0124(COD)
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
An importer or distributor natural or legal person shall be considered a manufacturer for the purposes of this Regulation and shall be subject to the obligations of the manufacturer under Article 7 where that importer or distributornatural or legal person places a detergent or surfactant on the market under his or her name or trademark or modifies a detergent or surfactant already placed on the market in such a way that compliance with this Regulation may be affected.
Amendment 173 #
2023/0124(COD)
Proposal for a regulation
Article 17 – paragraph 1 – point c
Article 17 – paragraph 1 – point c
(c) the information on the digital label shall be easily and directly accessible to all users in the Union;
Amendment 174 #
2023/0124(COD)
Proposal for a regulation
Article 17 – paragraph 1 – point e
Article 17 – paragraph 1 – point e
(e) the information on the digital label shall be presented in a waylanguage and a format that addresses the needs of vulnerable groups, including persons with disabilities, and supports, as relevant, the necessary adaptations to facilitate access to the information by those groups;
Amendment 175 #
2023/0124(COD)
Proposal for a regulation
Article 17 – paragraph 1 – point h
Article 17 – paragraph 1 – point h
(h) the digital label shall remain available until the expiry date of the detergent or surfactant, or, if the detergent or surfactant does not have an expiry date, for a for a period of 10 years from the moment the detergent or surfactant is placed on the market, also in cases of an insolvency, a liquidation or a cessation of activity in the Union of the economic operator that created it, or for a longer period as required under other Union legislation covering the information that it contains;
Amendment 178 #
2023/0124(COD)
Proposal for a regulation
Article 17 – paragraph 2 – subparagraph 1
Article 17 – paragraph 2 – subparagraph 1
The data carrier shall be physically present on the detergent or surfactant, their packaging or the documentation accompanying them or the leaflet in a way that allows it to be processed automatically by digital devices.
Amendment 181 #
2023/0124(COD)
Proposal for a regulation
Article 17 – paragraph 2 – subparagraph 3
Article 17 – paragraph 2 – subparagraph 3
The data carrier shall be clearly visible legible, accessible, easily understandable to the end-user before any purchase and to market surveillance authorities, including, where applicable, in cases where the detergent or surfactant is made available through distance sales.
Amendment 193 #
2023/0124(COD)
Proposal for a regulation
Article 18 – paragraph 2 – point f
Article 18 – paragraph 2 – point f
(f) it shall be accessible to customers, end-users, market surveillance authorities, customs authorities, civil society organisations, researchers, trade unions, the Commission and other economic operators;
Amendment 196 #
2023/0124(COD)
Proposal for a regulation
Article 18 – paragraph 2 – point g
Article 18 – paragraph 2 – point g
(g) it shall be available for a period of at least 10 years after the last time the detergent or surfactant is placed on the market, also in cases of an insolvency, a liquidation or a cessation of activity in the Union of the economic operator that created the product passport;
Amendment 197 #
2023/0124(COD)
Proposal for a regulation
Article 18 – paragraph 2 – point g a (new)
Article 18 – paragraph 2 – point g a (new)
(g a) it shall be based on open standards, developed with an inter- operable format and shall be machine- readable, structured, searchable, and shall be transferable through an open interoperable data exchange network without vendor lock-in, in accordance with the essential requirements set out in the Ecodesign Regulation;
Amendment 198 #
2023/0124(COD)
Proposal for a regulation
Article 18 – paragraph 2 – point h a (new)
Article 18 – paragraph 2 – point h a (new)
(h a) it shall facilitate the verification of detergent or surfactant compliance by competent national authorities;
Amendment 203 #
2023/0124(COD)
Proposal for a regulation
Article 18 – paragraph 9 – subparagraph 1 – point d
Article 18 – paragraph 9 – subparagraph 1 – point d
(d) the actors that shall have access to information in the product passport and to what information they shall have access and the actors that may introduce or update the information in the product passport, including where needed the creation of a new product passport, including manufacturers and other relevant economic operators, competent national authorities, and the Commission, or any organisation acting on their behalf, and the types of information they may introduce or update;
Amendment 205 #
2023/0124(COD)
Proposal for a regulation
Article 19 – paragraph 1 – point c
Article 19 – paragraph 1 – point c
(c) end-users, economic operators and other relevant actors shall have easy access to the product passport free of charge and without restricting access to existing users;
Amendment 206 #
2023/0124(COD)
Proposal for a regulation
Article 19 – paragraph 1 – point c a (new)
Article 19 – paragraph 1 – point c a (new)
(c a) product passports shall be designed and operated so that they are user-friendly;
Amendment 208 #
2023/0124(COD)
Proposal for a regulation
Article 22 – paragraph 3
Article 22 – paragraph 3
3. Where, in the course of the controls referred to in paragraph 1 or paragraph 2, the market surveillance authorities find that the detergent or surfactant does not comply with the requirements laid down in this Regulation, they shall without delay require the relevant economic operators to take all appropriate corrective action to bring the detergent or surfactant into compliance with those requirements, to withdraw it from the market, or to recall it within a reasonable period which is prescribed by the market surveillance authorities and commensurate with the nature of the risk referred to in paragraph 1.
Amendment 211 #
2023/0124(COD)
Proposal for a regulation
Article 24 – paragraph 1
Article 24 – paragraph 1
1. Where, having carried out an evaluation under Article 22(1), a market surveillance authority finds that although a detergent or surfactant is in compliance with this Regulation, it presents a risk to health or to the environment, it shall require the relevant economic operator to take all appropriate measures to ensure that the detergent or surfactant concerned, when placed on the market, no longer presents that risk, to withdraw the detergent or surfactant from the market or to recall it, within a reasonable period which is prescribed by the market surveillance authorities and commensurate with the nature of that risk.
Amendment 212 #
2023/0124(COD)
Proposal for a regulation
Article 24 – paragraph 1 a (new)
Article 24 – paragraph 1 a (new)
1 a. On duly justified imperative grounds of urgency relating to the protection of health or the environment, the Commission shall adopt an immediately applicable implementing act in accordance with the procedure referred to in Article 28 (2 a new).
Amendment 214 #
2023/0124(COD)
Proposal for a regulation
Article 28 – paragraph 2 a (new)
Article 28 – paragraph 2 a (new)
2 a. Where reference is made to this paragraph, Article 8 of Regulation (EU) No 182/2011, in conjunction with Article 5 thereof, shall apply.
Amendment 4 #
2023/0081(COD)
Proposal for a regulation
Recital 24
Recital 24
(24) Under the first pillar, the Union should develop and maintain an industrial basis for the provision of net-zero technology solutions to secure its energy supply, while also living up to its ambitions on climate neutrality. To support that goal and to avoidreduce dependencies for the supply of net-zero technologies that wcould delay the Union’s greenhouse gas emission reductions efforts or put at risk the security of supply of energyjeopardise the achievement of Union’s climate and energy objectives, this Regulation shallould set out provisions to encourage demand for sustainable and resilient net-zero technologies in the Union.
Amendment 9 #
2023/0081(COD)
Proposal for a regulation
Recital 25
Recital 25
(25) Directives 2014/23/EU, 2014/24/EU and 2014/25/EU already allow contracting authorities and entities awarding contracts through public procurement procedures to rely, in addition to price or cost, on additionalqualitative criteria for identifying the most economically advantageous tender. Such criteria concern for instance the quality of the tender including social, environmental andor innovative characteristics. When awarding contracts for net-zero technology through public procurement, contracting authorities and contracting entities should duly assess the tenders’ contribution to sustainability and resilience in relation to a series of criteria relating to the tender’s environmental and social sustainability, innovation, system integration and to resilience.
Amendment 13 #
2023/0081(COD)
Proposal for a regulation
Recital 27
Recital 27
(27) Without prejudice to Union legislation applicable to a specific technology, including under the Proposal for a Regulation of the European Parliament and of the Council establishing a framework for setting ecodesign requirements for sustainable products44 and the Proposal for a Regulation of the European Parliament and of the Council concerning batteries and waste batteries45 , and unless otherwise indicated therein, when evaluating the environmental sustainability of the net-zero solutions procured on the basisfalling under the scope of this Regulation, contracting authorities and contracting entities mayshould take into account various elements with an impact on the climate and the environment. These may include, for instance, the durability and reliability of the solution; the ease of repair and maintenance; the ease of upgrading and refurbishment; the ease and quality of recycling; the use of certain substances; the consumption of energy, water and other resources in one or more life cycle stages of the product; the weight and volume of the product and its packaging; the incorporation of used components; the quantity, characteristics and availability of consumables needed for proper use and maintenance; the environmental footprint of the product and its life cycle environmental impacts; the carbon footprint of the product; the microplastic release; emissions to air, water or soil released in one or more life cycle stages of the product; the amounts of waste generated; the conditions for use. __________________ 44 Proposal for a Regulation of the European Parliament and of the Council establishing a framework for setting ecodesign requirements for sustainable products and repealing Directive 2009/125/EC, COM/2022/142 final, 30.03.2022. 45 Proposal for a Regulation of the European Parliament and of the Council concerning batteries and waste batteries, repealing Directive 2006/66/EC and amending Regulation (EU) No 2019/1020, COM/2020/798 final, 10.12.2020.
Amendment 16 #
2023/0081(COD)
Proposal for a regulation
Recital 28
Recital 28
(28) For the purposes of taking into account within a public procurement procedure of the need to diversify sources of supply of net-zero technologies away from single sources of supply within the meaning of Article 19 (2), and without prejudice to the Union’s international commitments, the supply should at least be deemed insufficiently diversified where a single source supplies for more than 65% of the demand for a specific net-zero technology within the Unionat global level.
Amendment 24 #
2023/0081(COD)
Proposal for a regulation
Recital 31
Recital 31
(31) The application of the provisions on resilience in public procurement procedures set out in Article 19 of this Regulation should be without prejudice to the application of Article 25 of Directive 2014/24/EU of the European Parliament and of the Council47 , and Articles 43 and 85 of Directive 2014/25/EU of the European Parliament and of the Council48 , as according with the Commission’s guidance of 201949 . The same way, public procurement provisions should continue to apply to works, supplies and services subject to Article 19, including article 67 (4) of Directive 2014/24/EU and any implementing measures resulting from the Proposal for a Regulation establishing a framework for setting ecodesign requirements for sustainable products. __________________ 47 Directive 2014/24/EU of the European Parliament and of the Council of 26 February 2014 on public procurement and repealing Directive 2004/18/EC (OJ L 94, 28.3.2014, p. 65). 48 Directive 2014/25/EU of the European Parliament and of the Council of 26 February 2014 on procurement by entities operating in the water, energy, transport and postal services sectors and repealing Directive 2004/17/EC (OJ L 94, 28.3.2014, p. 243). 49 Communication from the Commission: Guidance on the participation of third country bidders and goods in the EU procurement market, Brussels, 24.7.2019, C(2019) 5494 final.
Amendment 28 #
2023/0081(COD)
Proposal for a regulation
Recital 32
Recital 32
(32) The weighting of criteria on the sustainability and resilience contribution of the tender in relation to public procurement procedures is without prejudice to the possibility for contracting authorities and contracting entities to set a higher threshold for the criteria relating to environmental sustainability andor innovation, in line with Article 41 (3) and Recital 64 of Directive 2014/23/EU of the European Parliament and of the Council50 , Article 67 (5) of Directive 2014/24/EU and Article 82 (5) of Directive 2014/25/EU. __________________ 50 Directive 2014/23/EU of the European Parliament and of the Council of 26 February 2014 on the award of concession contracts (OJ L 94, 28.3.2014, p. 1).
Amendment 80 #
2023/0081(COD)
Proposal for a regulation
Article 19 – paragraph 2 – point a
Article 19 – paragraph 2 – point a
(a) environmental and social sustainability going beyond the minimum requirements in applicable legislation;
Amendment 86 #
2023/0081(COD)
Proposal for a regulation
Article 19 – paragraph 2 – point d
Article 19 – paragraph 2 – point d
(d) the tender’s contribution to resilience and diversification of the corresponding supply chains, taking into account the proportion of the products and of its key components originating from a single source of supply, as determined in accordance with Regulation (EU) No 952/2013 of the European Parliament and of the Council72 , from which more than 65% of the supply for that specific net-zero technology within the Unionglobally originates in the last year for which data is available for when the tender takes place, and the level of concentration of the supply chain at global level. . __________________ 72 Regulation (EU) No 952/2013 of the European Parliament and of the Council of 9 October 2013 laying down the Union Customs Code (OJ L 269, 10.10.2013, p. 1).
Amendment 93 #
2023/0081(COD)
Proposal for a regulation
Article 19 – paragraph 3
Article 19 – paragraph 3
3. Contracting authorities and contracting entities shall give the tender’s sustainability and resilience contribution a weight between 15% andrespectively a weight of at least 30% of the award criteria, without prejudice of the application of Article 41 (3) of Directive 2014/23/EU, Article 67 (5) of Directive 2014/24/EU or Article 82 (5) of Directive 2014/25/EU for giving a higher weighting to the criteria referred to in paragraph 2, points (a) and (b).
Amendment 98 #
2023/0081(COD)
Proposal for a regulation
Article 19 – paragraph 4
Article 19 – paragraph 4
4. The contracting authority or the contracting entity shall not be obliged to applybase the contract on the considerations relating to the sustainability and resilience contribution of net-zero technologies where their application would oblige that authority or entity to acquire equipment having disproportionate costs, or technical characteristics different from those of existing equipment, resulting in incompatibility, technical difficulties in operation and maintenance. Cost differences above 1025% may be presumed by contracting authorities and contracting entities to be disproportionate. This provision shall be without prejudice of the possibility to exclude abnormally low tenders under Article 69 of Directive 2014/24/EU and Article 84 of Directive 2014/25/EU, and without prejudice to other contract award criteria according to the EU legislation, including social aspects according to Articles 30 (3) and 36 (1), second intent of Directive 2014/23/EU, Articles 18 (2) and 67 (2) of Directive 2014/24/EU and Articles 36 (2) and 82 (2) of Directive 2014/24/EU.
Amendment 113 #
2023/0081(COD)
Proposal for a regulation
Article 22 – paragraph 1
Article 22 – paragraph 1
1. Where relevant, tThe Commission shall provide guidance on the criteria to assess the resilience and sustainability contribution of available products covered by the forms of public intervention covered under articles 19, 20 and 21.
Amendment 115 #
2023/0081(COD)
Proposal for a regulation
Article 22 – paragraph 2
Article 22 – paragraph 2
2. The Commission shall make available and regularly update a list of each of the net-zero technology final products listed in the Annex and corresponding supply chains, broken down by the share of Union supply along the supply chains originating in different third countries in the last year for which data is available.
Amendment 1 #
2023/0080(BUD)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Welcomes the fact that Draft amending budget No 1/2023 reflects the revised legislative financial statement resulting from the decision of the legislator for a more centralised governance model for CBAM; considers that such a model constitutes a clear example of European added value and acknowledges that it requires a certain level of additional human and budgetary resources; points outis concerned that the corresponding appropriations consume parts of the already very scarce remaining unallocated margin under heading 3, which puts the budget lines under that heading in competition and at a disadvantage;, including European Parliament’s long standing priorities such as the LIFE Programme, under that heading in competition and at a disadvantage; calls on the Commission to make sure that this issue is taken into account in the upcoming proposal for the revision of the MFF and to propose increased resources for the respective heading accordingly.
Amendment 328 #
2023/0077(COD)
Proposal for a regulation
Recital 43 a (new)
Recital 43 a (new)
(43a) Electricity should be considered as an essential service, a Common that no one should be deprived of to live with dignity. A basic amount of energy, allowing the basic needs of households linked to health and dignity should be considered as a right and must be allowed freely or through an affordable price. This amount should guarantee adequate warmth, cooling, lighting, and energy to power appliances, that are essential services that underpin a decent standard of living and health1a _________________ 1a https://eur-lex.europa.eu/legal- content/EN/TXT/HTML/?uri=CELEX:32 020H1563 Commission Recommendation EU 2020/1563 of 14/10/2020 on energy poverty
Amendment 347 #
2023/0077(COD)
Proposal for a regulation
Recital 52 a (new)
Recital 52 a (new)
(52a) Electricity disconnections should be banned all year long, to protect households' dignity and take into account future heat waves or meteorologic events. It should also be banned and for all types of customers, not only the “vulnerables”, as not being able to pay an energy bill should be a vulnerability criterion in itself. A consumer who is in default of payment and whose energy is cut off is not a bad payer but is a vulnerable consumer who, before being cut off, has reduced his budget for food, leisure or health.
Amendment 348 #
2023/0077(COD)
Proposal for a regulation
Recital 52 b (new)
Recital 52 b (new)
(52b) Power limitation, allowing essential services, should be an alternative to disconnections.
Amendment 1083 #
2023/0077(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 2 a (new)
Article 2 – paragraph 1 – point 2 a (new)
Directive (EU) 2019/944
Article 10 – paragraph 11
Article 10 – paragraph 11
(2a) Article 10 paragraph 11 is replaced by the following : Suppliers shall inform the competent authorities and inform residential customers of the existing support measures before any power reduction. These measures may refer to energy audits, energy consultancy services, alternative payment plans, debt management advice, and do not constitute an extra cost to the customers facing a reduction in power.
Amendment 18 #
2023/0049(COD)
Proposal for a regulation
Recital 2
Recital 2
(2) The form in which EU fertilising products are labelled in accordance with Regulation (EU) 2019/1009 should be adapted to technological and societal changes in the field of digitalisation, with the aim at improving or, at least, maintaining, the quality and accessibility of the information of such labels.
Amendment 22 #
2023/0049(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) Providing information on a label in a digital form (‘digital label’) has clear benefits. Digital labelling can improve the communication of labelling information both by avoiding overcrowded physical labels and by allowing users to rely on various reading options available only for digital formats, such as increased font, automatic search, loud speakers or translation into other languages. In addition, digital labelling of EU fertilising products contributes to the ongoing progress with regard to the digitalis and green transformation of the European agricultural sector, reducing packaging waste and can facilitate theing reporting obligations of farmers regarding the use of such products. Digital labelling can also lead to a more efficient management of the labelling obligations by economic operators, by facilitating the update of labelling information and permitting a more targeted information to users. In addition, digital labelling can contribute to reducing labelling costs all along the supply chain, which could ultimately lead to a reduction in fertiliser prices, given that the labels of EU fertilising products may be changed following a transaction between economic operators, before reaching end-users,
Amendment 23 #
2023/0049(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) However, digital labelling can also create new challenges concerning the availability and quality of the information on labels being compromised, as well as for the vulnerable population groups, in particular persons with no, or insufficient, digital skills or persons with disabilities, and thus accentuateaccess to digital devices needed to retrieve the digital labels, and for persons with disabilities, and thus preventing these groups from easily obtaining essential information, such as safety precautions, usage instructions or environmental impact, ultimately accentuating the digital divide. Therefore, digital labelling should be introduced in Regulation (EU) 2019/1009, under certain conditions, and should be easily legible, accessible and understandable to all groups, taking into account the need to ensure a high level of protection of human health and the environment, and the digital readiness.
Amendment 25 #
2023/0049(COD)
(5) Economic operators should remain free to choose if to provide a digital or physical label. This will ensure that such economic operators have flexibility to opt for the rules most appropriate to their situation. It is particularly important not to create unjustified costs for small and medium-sized enterprises for which digital labelling might be challenging, given the reduced volumes or types of EU fertilising products. It is also important to support such enterprises with guidance and training programmes in order to allow them to develop the adequate skills and capabilities to comply with this Regulation.
Amendment 32 #
2023/0049(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) Where economic operators opt for digital labelling of EU fertilising products supplied to end-users in a packaging, they should therefore ensure that a minimum set of relevant information is also available on the physical label. In this context and with regard to other rules specific to products made available in a packaging, a packaging should contain no more than 1000 kg in coherence with Commission Regulation (EU) No 142/201124 . Products supplied in a packaging exceeding this limit should be considered as being supplied without a packaging for the purpose of Regulation (EU) 2019/1009. This will also address the challenges that vulnerable population groups may face. The specific information that economic operators should be allowed to provide only on a digital label should therefore reflect the current state of the digitalisation of the society and the particular situation of the users of EU fertilising products. In order to enable all end-users to make informed choices before buying EU fertilising products and to ensure the safe handling and use of such products by all groups of end-users, labelling information concerning safety, the protection of human and animal health and, the environment and the impact of the fertilisers, including their production process, as well as minimum information on the agronomic and agroecological efficiency of the EU fertilising products and on their content and use, should always be provided on the physical label. Digital labels should also include information on GHG emissions related to the production process. Regulation (EU) 2019/1009 should clearly indicate which information may be provided only digitally. _________________ 24 Commission Regulation (EU) No 142/2011 of 25 February 2011 implementing Regulation (EC) No 1069/2009 of the European Parliament and of the Council laying down health rules as regards animal by-products and derived products not intended for human consumption and implementing Council Directive 97/78/EC as regards certain samples and items exempt from veterinary checks at the border under that Directive, OJ L 54, 26.2.2011, p. 1.
Amendment 35 #
2023/0049(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) For EU fertilising products supplied without packaging, the economic operators are to provide the labelling elements in a leaflet. The leaflet, contrary to physical labels, has no physical link to the product itself and therefore does not offer immediate access to the information relevant to the product when handling it. Providing the same labelling elements in digital format would imply an adjustment of the way the information is retrieved without creating significant risks to users. Economic operators should therefore be allowed to provide all the labelling elements referred to in Annex III of Regulation (EU) 2019/1009 in a digital label only for the EU fertilising products supplied without packaging. Where the economic operators choose to provide, in addition to a digital label, a physical label, they should be free to decide which labelling elements to include in that physical label, taking into account the need to include a minimum set of relevant information, in accordance with Regulation (EU) 2019/1009.
Amendment 37 #
2023/0049(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) In order to ensure that users receive all the labelling elements on the digital label and will not need to compile the information both from a physical and a digital label, economic operators using a digital label should be required to include all such labelling elements in that label, even if they are also included on the physical label. The digital label should also contain information allowing end-users to identify and contact the manufacturer of the EU fertilising products and, where appropriate, the importer and the responsible person in the EU as defined in Regulation (EU) 2023/988, as this is an essential information and providing it digitally will facilitate the link between the product and the digital label. In addition, given that fertilising products are also placed on the market as non-harmonised products, it is important to include on the digital label the CE-mark and any corresponding reference to a notified body, so that end-users can deduce only from using the digital label that the product is marketed in accordance with Regulation (EU) 2019/1009. However, to facilitate the update of certain information to be provided by the manufacturers, which changes frequently and is not used on a daily basis by end-users (more precisely, the batch number and the production date), the manufacturers should have the choice to provide the information either physically or digitally.
Amendment 39 #
2023/0049(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) Since digital labels, similarly to physical labels, are a means of providing mandatory information on EU fertilising products to users, economic operators should ensure free access to digital labels from the moment it is placed on the market until the expiry date. In addition, and in order to improve the chances that users will in practice retrieve the information, the information provided on the digital label should be easily accessible to end-users in the Union through widely used digital technologies compatible with all major operating systems and browsers, and ensuring that access to the label does not require any password, registration, nor any specific application and taking into account the needs of vulnerable groups.. Economic operators should not mix the information required by Regulation (EU) 2019/1009 with other information not requested by Regulation (EU) 2019/1009, such as marketing or commercial statements. Digital space has no space limitations typical for physical labels affixed to the packaging. It is therefore important to keep the labelling elements provided in accordance with Regulation (EU) 2019/1009 concentrated in one place, so that they are not difficult to find among various other information which economic operators might provide. Economic operators should also ensure that digital labels are presented in a way that takes into account the needs of vulnerable population groups, including persons with disabilities, to further reduce the challenges such groups may face.
Amendment 43 #
2023/0049(COD)
Proposal for a regulation
Recital 14
Recital 14
(14) Taking into account both the interest of users to have access to information about EU fertilising products with a relatively long shelf life and the interest of economic operators to avoid unnecessary costs, economic operators should ensure that the digital label is available for a period of 5 years from the moment the EU fertilising product is placed on the market until the expiry date.
Amendment 46 #
2023/0049(COD)
Proposal for a regulation
Recital 17
Recital 17
(17) In order to keep Regulation (EU) 2019/1009 up-to-date to technical progress, new scientific evidence and the evolution of the digitalisation of the society, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of supplementing the requirements for digital labelling and amending Annex III with regard to which labelling elements economic operators making available on the market EU fertilising products in a packaging to end-users may provide on a digital label only. It is of particular importance that the Commission carries out appropriate consultations during its preparatory work, taking into account the views of all relevant stakeholders, including at expert level, and that those consultations are conducted in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making25 . 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. _________________ 25 OJ L 123, 12.5.2016, p. 1.
Amendment 49 #
2023/0049(COD)
Proposal for a regulation
Recital 19
Recital 19
(19) When deciding which labelling elements may be provided only digitally by economic operators making available on the market EU fertilising products in a packaging to end-users, the Commission should take into account the level of digital readiness among users of EU fertilising products and the need to keep the use of such products safe for human and animal health and the environment, as well as the need to ensure availability of the digital label from the moment the fertilising product is placed on the market until the expiry date.
Amendment 50 #
2023/0049(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2 – point c
Article 1 – paragraph 1 – point 2 – point c
Regulation (EU) 2019/1009
Article 6 – paragraph 7
Article 6 – paragraph 7
(a) in a language and a format which can be easily understood by end-users, including persons with disabilities, as determined by the Member State concerned;
Amendment 52 #
2023/0049(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2 – point c
Article 1 – paragraph 1 – point 2 – point c
Regulation (EU) 2019/1009
Article 6 – paragraph 7
Article 6 – paragraph 7
(b) clear, accurate, understandable and intelligible;
Amendment 54 #
2023/0049(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Regulation (EU) 2019/1009
Article 8 – paragraph 4
Article 8 – paragraph 4
(a) in a language and a format which can be easily understood by end-users, including vulnerable groups such as persons with disabilites, as determined by the Member State concerned;
Amendment 55 #
2023/0049(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Regulation (EU) 2019/1009
Article 8 – paragraph 4
Article 8 – paragraph 4
(aa) clear, accurate, understandable and intelligible;
Amendment 71 #
2023/0049(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Regulation (EU) 2019/1009
Article 11 b (new)
Article 11 b (new)
(b) easily and directly accessible by all major operating systems, without a need to register in advance, to download or install applications or to provide a password;accessible to all potential users in the Union;
Amendment 72 #
2023/0049(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Regulation (EU) 2019/1009
Article 11 b (new)
Article 11 b (new)
(d) presented in a way that also addresses the needs of vulnerable groups and supports, as relevant, the necessary adaptations to facilitate access by those groups, including persons with disabilities;
Amendment 74 #
2023/0049(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Regulation (EU) 2019/1009
Article 11 b (new)
Article 11 b (new)
(e) available for a period of 5 years from the moment the EU fertilising product is placed on the market until the expiry date, including in case of an insolvency, a liquidation or a cessation of activity in the Union of the economic operator that created it.
Amendment 75 #
2023/0049(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Regulation (EU) 2019/1009
Article 11 b (new)
Article 11 b (new)
4. A data carrier used for a digital label shall be printed or placed physically on the packaging or, where the EU fertilising products are made available on the market without a packaging, on the accompanying document or leaflet, visibly, legibly, accessibily, easily understandable and in a way that allows it to be processed automatically by digital devices.
Amendment 77 #
2023/0049(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Regulation (EU) 2019/1009
Article 11 c (new)
Article 11 c (new)
2. Upon request by the end-users, or without such request where the digital label is temporarily unavailable at the time of purchase, economic operators making available on the market EU fertilising products to such end-users shall provide the information included on the digital label, by alternative means and free of charge, from the moment the fertilising product is placed on the market until the expiry date.;
Amendment 80 #
2023/0049(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Regulation (EU) 2019/1009
Article 11 c (new) 2(5) e a (new)
Article 11 c (new) 2(5) e a (new)
(ea) take into account the provision of the information from the moment the EU fertilising product is placed on the market until the expiry date;
Amendment 83 #
2023/0049(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Regulation (EU) 2019/1009
Article 11 c (new)
Article 11 c (new)
10. The Commission is empowered to adopt delegated acts in accordance with Article 44 to amend Annex III, as regards the labelling information which economic operators may provide on a digital label only in accordance with Article 11a(3) point (b), in order to adapt that Annex to technical and scientific progress or to the level of digital readiness among end-users of EU fertilising products. When adopting the delegated acts, the Commission shall take into account the need to ensure a high level of safety and protection of human and animal health and the environment.;
Amendment 2 #
2023/0038M(NLE)
Draft opinion
Recital B a (new)
Recital B a (new)
Ba. whereas the EU Farm to Fork Strategy and Europe’s Beating Cancer Plan defined the ambition of our food system to move towards a more plant- based diet with less red and processed meat and more fruit and vegetables; whereas meat and edible offal products are the most exported goods from New Zealand to the EU and the FTA is expected to moderately increase the Union imports of beef, sheep meat and dairy products from New Zealand;
Amendment 8 #
2023/0038M(NLE)
Draft opinion
Recital B b (new)
Recital B b (new)
Bb. whereas the agricultural sector is a significant contributor to environmental pressures in both New Zealand and the Union, facing common challenges including increased greenhouse gas (GHG) emissions, loss of endemic species, water pollution and soil erosion;
Amendment 11 #
2023/0038M(NLE)
Draft opinion
Recital B c (new)
Recital B c (new)
Bc. whereas the increased production of beef and sheep meat brought about by the EU-NZ FTA is expected to have a negative impact on land use in New Zealand, and will therefore put further pressure on New Zealand's biodiversity, in the context where New Zealand already has the highest proportion of threatened indigenous species in the world1a _________________ 1a "Evaluating the Relative Environmental Impact of Countries," Corey J. A. Bradshaw, Xingli Giam, Navjot S. Sodhi Published: May 3, 2010 https://doi.org/10.1371/journal.pone.0010 440
Amendment 12 #
2023/0038M(NLE)
Draft opinion
Recital B d (new)
Recital B d (new)
Bd. Whereas liberalising trade can lead to an increase in GHG emissions not only through the increased production volumes, but also through the creation of additional trade flows with higher transport-related emissions; whereas the Trade Sustainability Impact Assessment assumes that an ambitious agreement will lead to an increase in non-CO2 GHG emissions;
Amendment 17 #
2023/0038M(NLE)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Welcomes the fact that the Paris Agreement and the ILO conventions have been included in the general dispute settlement chapter of the EU-NZ FTA, thereby introducing the possibility of sanctions; underlines that this structural improvement must now become a precondition for future FTAs between the EU and third parties; calls, however, for clarity on enforceability and on precisely which actions would be considered a breach of the Paris Agreement; asks for specific targets, actions and timelines to be defined in complement to the primarily cooperative activities to achieve sustainable practices;
Amendment 19 #
2023/0038M(NLE)
Draft opinion
Paragraph 1 b (new)
Paragraph 1 b (new)
1b. Recalls that New Zealand has not yet ratified a number of ILO Conventions that are relevant for ensuring fair labour conditions in agriculture, namely Fundamental Convention No. 87 on freedom of association and right to collective bargaining and Convention No. 138 pertaining to the effective abolition of child labour;
Amendment 46 #
2023/0038M(NLE)
Draft opinion
Paragraph 5
Paragraph 5
5. Recognises that the EU beef and sheep sectors are under pressure owing to the market access being given to non-EU countries; calls on the Commission to consider the cumulative impacts of current and future trade deals on EU farmers and the need forimpact on investment in sustainable local EU production; calls for the timely publication of the Commission's updated Cumulative Impact Assessment on the impact of all trade deals on agricultural sectors;
Amendment 51 #
2023/0038M(NLE)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Highlights that the EU and New Zealand legislations on the use of pesticides exhibit certain differences, notably in the regulation of seeds treated with pesticides, which may lead to divergent legislative treatment of pesticides or pesticide-treated products and may give rise to unfair competition for farmers using such products; calls on the Commission to clarify how it will ensure coherence in standards applied to imports and the Union products, and whether specific cooperation or mirror measures are considered as a means to ensure protection of biodiversity and soil health in both New Zealand and the EU;
Amendment 62 #
2023/0038M(NLE)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
Amendment 66 #
2023/0038M(NLE)
Draft opinion
Paragraph 6 b (new)
Paragraph 6 b (new)
6b. Highlights that the Union intends to update and improve its animal welfare standards in the near future through a review of animal welfare legislation in the near future, including a phasing out of cage farming; recalls that this and future FTAs should provide for mirror clauses related to animal welfare, not only to maintain the competitiveness of the Union farmers, but also to respond to citizens’ expectations, as per Eurobarometer 442; highlights the need for cooperation with New Zealand to ensure shared higher ambitions in light of the upcoming legislative proposals on animal welfare;
Amendment 68 #
2023/0038M(NLE)
Draft opinion
Paragraph 6 c (new)
Paragraph 6 c (new)
6c. Calls for both parties to recognise and improve the rights of indigenous peoples, both within the trade agreement and more broadly, in line with the UN Declaration on the Rights of Indigenous Peoples; Recalls that protection of the environment and biodiversity can be better assured through cooperation with indigenous peoples, and that legal mechanisms of involvement and cooperation must be codesigned with indigenous people, in order to ensure their genuine participation.
Amendment 72 #
2023/0038M(NLE)
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Highlights that in accordance with the environmental ambitions of the European Green Deal, the pricing of agricultural products and foodstuffs should better reflect the costs on society and environment that currently are externalised; calls for working groups to address this issue under the Committee on the Sustainable Food Systems (SFS);
Amendment 77 #
2023/0038M(NLE)
Draft opinion
Paragraph 7 b (new)
Paragraph 7 b (new)
7b. Welcomes the recognition by both parties of the need to phase out fossil fuels and to cooperate to this end; calls for fossil fuel subsidies attributed either directly or indirectly in the parties' respective agricultural policies to be taken into account when reforming and reducing fossil fuel subsidies.
Amendment 5 #
2022/2198(INI)
Motion for a resolution
Recital B
Recital B
B. whereas digitalisation brings with it a wealth of opportunities in fields such as medicine, security, education and law enforcement, and has enormousshown potential to solve global problems related to poverty and inequalitydemocratise processes and access to education and knowledge; whereas it also offers new possibilities to advance the transition process towards more sustainable and just societies;
Amendment 6 #
2022/2198(INI)
Motion for a resolution
Recital C
Recital C
C. whereas the digital transformation also entails significant challenges that will force us to review many ofidentify the best ways to enforce the concepts and norms that have hitherto underpinned our growth and social progress; whereas digitization has often exacerbated existing power structures in favour of market monopolisation and concentration; whereas in many areas a few big tech companies control the market and thereby power concentrates among a few; stresses the need to reduce technological dependencies on third countries by moving towards a decentralised approach to European virtual worlds, comprising both larger and smaller operators at various levels of the value chain
Amendment 10 #
2022/2198(INI)
Motion for a resolution
Recital D
Recital D
D. whereas in the EU, awareness of the challenges posed by the accumulation of power by foreign digital giants and of the EU lagging behind in the global digital race have been translated into political and legislative will; whereas the EU institutions have made the digital and green transition one of their priority areas of action and policy formulation, establishing rules in line with European values and principles and moving away from the path followed by other geographical areas such as the United States and China, among others; whereas the EU still lacks behind when it comes to thinking digital and green transition together; whereas this hampers the EU in forging a sustainable path of technologies for the future;
Amendment 14 #
2022/2198(INI)
Motion for a resolution
Recital D a (new)
Recital D a (new)
Da. whereas digital technologies, including those referred to under the term “virtual worlds” require high amounts of energy, storage space and bandwidth to be developed and run; whereas the digital sector is one of the sectors that records exponential growth which may impact the EU’s climate goals
Amendment 17 #
2022/2198(INI)
Motion for a resolution
Recital E
Recital E
E. whereas the transition to Web 4.0 and the development of virtual worlds are an indispensablcan be part of the future of digitisation and a keyone of the potential building blocks for the completion of the digital single market;
Amendment 19 #
2022/2198(INI)
Motion for a resolution
Recital E a (new)
Recital E a (new)
Ea. whereas a definition and clear understanding of "virtual worlds" is lacking, including which technologies may be captured under such a term; whereas inventions such as the “metaverse” have yet to prove their significance
Amendment 20 #
2022/2198(INI)
Motion for a resolution
Recital F
Recital F
F. whereas virtual worlds also entail significant risks affecting consumer protection and issues related to competition law, privacy and personal data protection, and cybersecurity; but also raise important concerns on end-user addiction and vulnerable groups that oftentimes lack essential skills for a just and fair digital transition, with a particular emphasis on minors, the elderly, and people with disabilities
Amendment 27 #
2022/2198(INI)
Motion for a resolution
Recital F a (new)
Recital F a (new)
Fa. whereas the industrial applications and the consumer use cases present different challenges and require tailored approaches
Amendment 29 #
2022/2198(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Welcomes the Commission communication of 11 July 2023 entitled ‘An EU initiative on Web 4.0 and virtual worlds: a head start in the next technological transition’; underlines that this strategy must be sustainable and human-centric, while protecting the values of the European Union and fundamental rights
Amendment 30 #
2022/2198(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Points to the lack of a universally recognised or agreed definition of technologies considered as “virtual worlds” and considers that further work is needed in order to rectify thilaments the lack of clarity and differentiation in the Commission’s initiative; considers that further work is needed in order to rectify this; points out that many of the technologies referred to as “virtual worlds” have existed for years; underlines that a future European strategy should be anchored in research, scientific evidence and societal relevance rather than relying on proclaimed buzzwords;
Amendment 39 #
2022/2198(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Underlines that a truthe harmonization of the digital single market can contribute decisively to the development ofto strengthen the EU’s ability to compete globally, including the development of technologies referred to as virtual worlds; considers that a clear and comprehensive regulatory framework is of vital importance; highlights and stresses the need to monitor and address at EU-level potential fragmentation issues within the digital single market;
Amendment 44 #
2022/2198(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Welcomes the latest regulatory developments in this regard, such as the Digital Services Act (Regulation (EU) 2022/20651 ) and the Digital Markets Act (Regulation (EU) 2022/19252 ); notes also the proposal for an artificial intelligence act, the Right to Repair and Cyber Resilience Act and the ongoing negotiations thereon; considers that the Commission should conduct regular regulatory fitness checks of the digital single market and, where necessary, put forward legislative proposals; believes that the outcome of such checks should be made public; _________________ 1 Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on a Single Market For Digital Services and amending Directive 2000/31/EC (Digital Services Act), OJ L 277, 27.10.2022, p. 1. 2 Regulation (EU) 2022/1925 of the European Parliament and of the Council of 14 September 2022 on contestable and fair markets in the digital sector and amending Directives (EU) 2019/1937 and (EU) 2020/1828 (Digital Markets Act), OJ L 265, 12.10.2022, p. 1.
Amendment 48 #
2022/2198(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Welcomes the Commission’s commitment to monitor the development of virtual worlds; invites the Commission to draft a report on this subject every two years and to transmit it to Parliament and the Council; asks the Commission to pay attention to the potential emergence of problems in the Web 4.0 that already exist in the Web 3.0, such as the proliferation of fake news, infringement of intellectual property rights, cyberterrorismcluding deep fakes, terrorist content online, fraud of all kinds, addictive design, foreign propaganda, various forms of gender based violence, sexual abuse of minors and cyberbullying, among others;
Amendment 51 #
2022/2198(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Underlines that existing imbalance in the consumer trader relationship online might be exacerbated in virtual worlds and stresses that deceptive practices need to be addressed before allowing such systems to enter the European Union; notes in this regard that possible harmful impacts on consumers can occur; underlines that technologies must not be designed to distort consumers’ transactional behaviour leading them to make decisions they would not have made otherwise;
Amendment 52 #
2022/2198(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Points to the great economic growthdevelopment potential of virtual worlds, and the growing levels of investment in the necessary infrastructure and in related research, innovation and new technologies; stresses that the overall costs of such investments shall not result in the increase in final consumer prices; acknowledges the need to increase available resources at EU-level to fulfil these objectives; highlights the role of virtual reality (VR), augmented reality (AR) and mixed reality (XR) as crucial technologies for the development and growth of virtual worlds, providing users with immersive and interactive experiences;
Amendment 57 #
2022/2198(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Signals also the potentially positive impact that these developments willcan have on employment, including the creation of new jobs in domains such as virtual world architecture or content creation; highlights the importance of investing in and promoting the development of appropriate skills to ensure the supply of talented and skilled workers fit for these jobs in the EU, as well as of creating appealing conditions to keep EU talent, attract foreign talent and promote entrepreneurship and innovation in the territory of the EU; stresses the need to invest in reskilling initiatives to educate existing workforce in the EU, paying specific attention to underrepresented groups in this sector, such as women;
Amendment 62 #
2022/2198(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Recalls that most companies leading the development of virtual worlds are established outside the EU and many projects are led by dominant players in the tech industry; considers that the EU should take the lead in shaping virtual worlds as ecosystems in which EuropeaUnion values and principlefundamental rights are respected and promoted, with users and not commercial interests at their centre; signals the importance of fostering the creation of a level playing field that promotes the expansion of decentralised and interoperable ecosystems developed by European small and medium-sized enterprises, innovation and growth; stresses the need of raising European citizens’ awareness about their responsible usage;
Amendment 75 #
2022/2198(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Stresses the need to ensure that virtual worlds are open, inclusive and accessible, contributing to the greater participation of people with disabilities in the digital transition; signals the potential of virtual worlds to increase the participation of people with disabilities in different activities such as virtual tourism, which offer the possibility of visiting virtual places without having to overcome the mobility barriers that traditional tourism requires; warns of the potential challenges that users with disabilities may face in interacting with virtual worlds, arising from inadequate accessibility features or designs that do not cater to their specific needs;
Amendment 79 #
2022/2198(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Notes with concern that growing use of virtual worlds could also exclude certain groups of people who lack basic skills or resources to participate in this environment, but also people living in rural and remote areas, like outermost regions; highlights that the regulators need to be vigilant about preventing the manifestation of bias in the development of virtual worlds to avoid that existing discriminatory practices are perpetuated in virtuals worlds; emphasises that fostering digital literacy and access to quality and affordable internet is a precondition to any EU-level framework on virtual worlds;
Amendment 81 #
2022/2198(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. BelievStresses that the debate over the need for the identification of users in virtual worlds should be a priority area in the development process of virtual worlds and that thereanonymity in the digital world is a key pillar of the internet and should be a profound reflection on the possible configuration of this digital reality, bearing in mindtected also in the development of new technologies; underlines that, in some cases, anonymity may be preferable; points out that anonymity in the digital world is always possible under a username (alias), behind which there must always be an individual identifiable only by the competent authorities in case of need;case of abuse, competent authorities should have the resources, such as a properly trained workforce, to fight criminal behaviour
Amendment 86 #
2022/2198(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Reiterates the importance of protecting users’ personal data and privacy; points out thahighlights that virtual worlds may negatively impact data privacy of consumers at an unprecedented level and points out that it is unclear to what extent the General Data Protection Regulation3 might not be enoughis sufficient to address the challenges posed to data protection in virtual worlds and adhere to general principles of data minimization and privacy by design; calls for greater attention to be paid to the data protection implications of user-generated contentvirtual worlds, taking into account the processing of sensitive data, such as biometric data; highlights that technologies allow access to the most intimate spaces of consumers, such as their home; underlines the need to prevent illegal data harvesting and use of sensitive user data for commercial surveillance practices; _________________ 3 Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation), OJ L 119, 4.5.2016, p. 1.
Amendment 96 #
2022/2198(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Warns about the potential health problems that may arise from accessing virtual worlds, such as addiction, cybermental health issues, motion sickness or disturbances in sleep patterns, especially among minors and young people; underlines the need for age appropriate design and parental control measures to ensure the safety of minors in such environments
Amendment 103 #
2022/2198(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Recalls the potential of virtual worlds to offer unique experiences that can help minors develop their appetite for learning through, for example, learning through play, which can help them to develop skills in collaboration, communication, critical thinking, innovation and confidence; underlines the importance of protecting minors in virtual worlds, especially against abuse, harassment and bullying; underlines that schools and educators need to be made aware of possible risks and harms of such systems before deployment is in effect, highlights the need for educators to be trained adequately to ensure they have the necessary digital skills and literacy
Amendment 107 #
2022/2198(INI)
14a. Calls on the Commission to promote safety by design and the inclusion of appropriate information for consumers, especially in terms of potential negative impacts and the introduction of safety limits, in particular for vulnerable categories; notes that the industry needs to become more active on this topic and the need for regulation must be assessed as soon as possible, before the mass market of such technologies;
Amendment 110 #
2022/2198(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Notes that virtual worlds will generate high-resolution images, graphics and video to ensure immersive user experiences, further requiring high- performing infrastructure; notes that, in particular 5G and 6Gthe next generation mobile networks with low latency and high bandwidth will be key, as will technologies such as edge computing; such as assessment of environmental impact of such technologies;
Amendment 117 #
2022/2198(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Calls on the Commission to conduct an assessment of how to ensure that the infrastructure needed is delivered to consumers, paying particular attention to the possible harms to the environment; highlights that a true single market for telecoms is key in this regard;
Amendment 121 #
2022/2198(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16a. Notes with concern that the development and deployment of virtual worlds may have a great impact on the environment, due to its need for high amounts of computing capacity in data centres and overall use of energy and creation of electronic waste; stresses the need for the establishment of energy efficient technologies, including the ability to measure environmental impact across the entire value chain; highlights the importance of raising consumer’s awareness about the environmental impact and sustainability of these new technologies;
Amendment 122 #
2022/2198(INI)
Motion for a resolution
Paragraph 16 b (new)
Paragraph 16 b (new)
16b. Laments that the Commission has failed to include obligations to protect the environment into recent digital landmark legislative proposals, and thereby failed its promise to deliver a true twin transition;
Amendment 127 #
2022/2198(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Is convincedNotes that virtual worlds can make a positivemay contributione to the fight against climate change and forto environmental sustainability, for example by facilitating remote working, thereby reducing commuting and associated carbon emissions;
Amendment 130 #
2022/2198(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Recalls the need to take advantage of technological advances to reduce the energy consumption and environmental footprint of the activities related to the production, use and development of virtual worlds, such as advanced recycling techniques and renewable energies; by incentivizing the development of technologies that reduce impact on the environment; urges caution and prioritisation in developing industrial and critical use cases first
Amendment 1 #
2022/2148(INI)
Motion for a resolution
Citation 4
Citation 4
Amendment 3 #
2022/2148(INI)
Motion for a resolution
Citation 5
Citation 5
Amendment 4 #
2022/2148(INI)
Motion for a resolution
Citation 7 a (new)
Citation 7 a (new)
– having regard to the European Parliament resolution of 8 July 2021 on the establishment of Antarctic Marine Protected Areas (MPAs) and the conservation of Southern Ocean biodiversity (2021/2757(RSP)),
Amendment 5 #
2022/2148(INI)
Motion for a resolution
Citation 7 b (new)
Citation 7 b (new)
Amendment 10 #
2022/2148(INI)
Motion for a resolution
Citation 15 a (new)
Citation 15 a (new)
– having regard to the 2022 FAO report titled 'The State of World Fisheries and Aquaculture 2022. Towards Blue Transformation',
Amendment 11 #
2022/2148(INI)
Motion for a resolution
Citation 15 b (new)
Citation 15 b (new)
– having regard to the 2022 EUMOFA report titled 'The EU Fish Market',
Amendment 38 #
2022/2148(INI)
Motion for a resolution
Recital E
Recital E
E. whereas the EU is in favour ofcommited to the development and management of sustainable fisheries, including measures to improve monitoring, inspection, control and surveillance capacities with which to combat IUU fishing
Amendment 73 #
2022/2148(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Asks the Member States to strictly enforce EU law on the system for traceability and reporting of catches; wishes to knowcalls on Member States and the Commission to provide information about how many products are caught by Chinese vessels that subsequently enter the EU market;
Amendment 88 #
2022/2148(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Encourages EU seafood producers to diversify their primary processing partners, including on non-fishmeal sources;
Amendment 91 #
2022/2148(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Stresses that China has considerably increased its imports into the EU by means of autonomous tariff quotas; takes the view that this creates market distortions, such as the wholesale imports in January, that are out of line with the specific demands; observes that these imports have gradually increased from 25 000 tonnes in 2017 to 50 000 tonnes in 2020; notes that the European Court of Auditors has recently observed that Member States’ checks on the legality of imported seafood are uneven; calls on the Commission to ensure that all actors involved commit toward rapid, uniform and global implementation of the CATCH IT system, once its use becomes mandatory EU-wide;
Amendment 95 #
2022/2148(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Notes that China as well as other global actors including the EU subsidises its fleets operating in the exclusive economic zones and on the high seas; stresses that the recent signing, in June 2022, of the WTO agreement on fisheries subsidies should limit the sums disbursed;
Amendment 97 #
2022/2148(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Notes that the intensity of the Chinese fishing fleet’s activities is on the way to depleting stocks; takes the view that the status of all targeted stocks globally should be ascertained with a view to determining the level of exploitation; calls on the EU to lead by example;
Amendment 101 #
2022/2148(INI)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. Highlights the evidence that Chinese commercial fishing vessels are being used in disputed waters in the South China Sea to consolidate Chinese presence; is concerned that this practice might contribute to increase the existing tensions in those areas;
Amendment 105 #
2022/2148(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Advocates the establishment of management plans, including regional ones, in countries with which the EU has signed sustainable fisheries partnership agreements (SFPAs); notes that the SFPA with Mauritania, which includes a management plan for pelagic species, has reduced the fishing pressure imposed by all vessels targeting these stocks;
Amendment 107 #
2022/2148(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12a. Calls on the Commission and on EU partner countries in Sustainable Fisheries Partnership Agreements to increase their efforts fighting IUU fishing in their waters;
Amendment 110 #
2022/2148(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Asks the Commission to devise a strategy to address the fact that China is importing increasing amounts of fishmeal from the rest of the world; stresses that these importsand any such imports elsewhere could jeopardise food security in Africa;
Amendment 5 #
2022/2103(DEC)
Draft opinion
Paragraph 8
Paragraph 8
8. WelcomesTakes note of the Agency’s continued cooperation with the European Border and Coast Guard Agency (FRONTEX) and the European Maritime Safety Agency (EMSA) to support national authorities carrying out coastguard functions in line with Article 8 of Regulation (EU) 2019/473; considers that cooperation to be an example of synergy between Union agencies that should inspire agencies in other areas; calls on the Agency to continue its efforts in that regard and considers it appropriate also to increase the cooperation between the Agency and the European Environment Agency;
Amendment 24 #
2022/2051(INL)
Draft opinion
Recital C a (new)
Recital C a (new)
C a. Whereas the Conference brought forward proposals to improve the protection of animals, including through high and common animal welfare norms;
Amendment 90 #
2022/2051(INL)
Draft opinion
Paragraph 2 – indent 1 – paragraph 1 – point e d (new)
Paragraph 2 – indent 1 – paragraph 1 – point e d (new)
(e d) To ensure high animal welfare standards;
Amendment 108 #
2022/2051(INL)
Draft opinion
Paragraph 2 – indent 1 – paragraph 2 a (new)
Paragraph 2 – indent 1 – paragraph 2 a (new)
Proposes that Article 13 be amended as follows: In formulating and implementing the Union's agriculture, fisheries, transport, internal market, research and technological development and space policies, the Union and the Member States shall, since animals are sentient beings, pay full regard to the welfare requirements of animals, while respecting the legislative or administrative provisions, customs of the Member States relating in particular to religious rites, cultural traditions and regional heritage', taking into consideration changing public sentiments and evolving scientific knowledge'.
Amendment 59 #
2022/0379(COD)
Proposal for a regulation
Article 4 – paragraph 5 a (new)
Article 4 – paragraph 5 a (new)
5a. In order to support the creation of reusable solutions, the public sector body or an institution, body or agency of the Union shall prioritise public procurement of free and open source software solutions, or other solutions that do not carry restrictive licensing terms and allow sharing and reuse. The Commission shall provide support in identifying, developing and deploying such solutions, as provided for in Article 9.
Amendment 60 #
2022/0379(COD)
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
1. The Commission shall publish Interoperable Europe solutions and the European Interoperability Framework on the Interoperable Europe portal , by electronic means, in formats that are open, machine-readable, accessible42, findable and re-usable, if applicable, together with their metadata. _________________ 42 for persons with disabilities in line with Directive 2016/2102 and Directive (EU) 2019/882 of the European Parliament and of the Council of 17 April 2019 on the accessibility requ, findable and re-usable, if applicable, together with theire ments for products and services (Text with EEA relevance) (OJ L 151, 7.6.2019, p. 70–115)tadata.
Amendment 63 #
2022/0379(COD)
Proposal for a regulation
Article 8 – paragraph 1 – introductory part
Article 8 – paragraph 1 – introductory part
1. The Commission shall provide a portal (‘the Interoperable Europe portal’) as a single point of entry for information related to cross-border interoperability of network and information systems which are used to provide or manage public services to be delivered or managed electronically in the Union. The portal shall be electronically accessible, including for persons with disabilities in line with Directive 2016/2102 and Directive 2019/882, and free of charge. The portal shall have at least the following functions:
Amendment 81 #
2022/0379(COD)
Proposal for a regulation
Article 15 – paragraph 4 – point l a (new)
Article 15 – paragraph 4 – point l a (new)
(la) propose measures to support the public administrations in development and deployment of interoperability solutions, including direct support for developers of free and open source software that meets the EIF requirements
Amendment 17 #
2022/0365(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) Furthermore, the current emission limits were adopted in 2007 for light-duty vehicles and for heavy-duty vehicles in 2009. Both emission limits were adopted on the basis of the then available technology. Since then, technology has advanced and the level of emissions achieved with a combination of current technologies is much lower than that achieved more than 15 years ago. That technological progress should be reflected in emission limits based on state-of-the-art existing technology and knowledge of pollution controls and for all relevant pollutants. Emission limits laid down in this Regulation should align with the pollution standards laid down in [COM/2022/542] final recast proposal requirements of the Revision of the Ambient Air Quality Directive and the air quality objectives of the Zero Pollution Action Plan.
Amendment 32 #
2022/0365(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) Non-exhaust emissions consist of particles including, but not limited to, airborne particles emitted by tyres and brakes of vehicles. Emissions from tyres is estimated to be the largest source of microplastics to the environment. As shown in the Impact Assessment, it is expected that by 2050, non-exhaust emissions will constitute up to 90% of all particles emitted by road transport, because exhaust particles will diminish due to vehicle electrification. Those non-exhaust emissions should therefore be measured and limited. The Commission should prepare a reporBy the end of 2024, the Commission should adopt a method for the measurement onf tyre abrasion by the end of 2024 to review the measurement methods and state-of- the-art in order to propose tyrelimits, based on the UN measurement method, if available and where appropriate, or based on other existing state-of-the-art methods, should the UN method not be available. By the same date, the Commission should also adopt tyre abrasion limits compatible with the Union’s objective to reduce microplastics released into the environment by 30% by 2030 and based on state-of-the-art abrasion limitrates.
Amendment 36 #
2022/0365(COD)
Proposal for a regulation
Recital 14
Recital 14
(14) Vehicles with traction batteries, including plugin hybrids and battery electric vehicles, contribute to the decarbonisation of the road transport sector. In order to gain and increase consumer trust in such vehicles, they should be performant and durable. It is therefore important to require that traction batteries retain a good part of their initial capacity after many years of use. That is of particular importance to buyers of second hand electric vehicles to ensure that the vehicle will continue to perform as expected. Monitors of the battery state-of- health should therefore be required for all vehicles that use traction batteries. In addition minimum performance requirements for battery durability of passenger cars and light commercial vehicles should be introduced, taking into account the UN Global Technical Regulation 2247 . __________________ 47 United Nations Global Technical Regulation on In-vehicle Battery Durability for Electrified Vehicles, UN GTR 22
Amendment 37 #
2022/0365(COD)
Proposal for a regulation
Recital 15
Recital 15
(15) Tampering of vehicles to remove or deactivate parts of the pollution control systems is a well-known problem. Such practice leads to uncontrolled emissions and should be prevented. Tampering of the odometer, leads to false mileage and hampers the proper in-service control of a vehicle. It is therefore of the utmost importance to guarantee the highest possible security protection of those systems, complete with security certificates and appropriate anti-tampering protection to ensure that neither pollution control systems nor the vehicle odometer can be tampered with. Moreover, national authorities should sanction operators of tampered vehicles by levying administrative fines of €30,000 per vehicle.
Amendment 44 #
2022/0365(COD)
Proposal for a regulation
Recital 18
Recital 18
(18) In case the Commission makes a proposal for registering after 2035 new light-duty vehicles running exclusively on CO2 neutral fuels outside theVehicles running exclusively on CO2 neutral fuels are not included within the scope of this Regulation. Such vehicles do not exist commercially today and the production of the fuels are at a premature phase of their development in terms of usage in road transport. Further research is required in order to firstly understand whether such vehicles can be produced and exclusively used in a viable, measurable and enforceable manner and secope of the CO2 fleet standards, and in conformity with Union law and the Union’s climate neutrality objective, this Regulation will need to be amended to include the possibility to type approve such vehicles. ndly in order to understand the wider economic, social and environmental impacts of such vehicles and the fuels. In addition, existing exploratory research indicates the cost of production of such vehicles and fuels would mean extremely high costs being put on manufacturers and consumers alike, both in the present day and in the future, which in turn demands an impact assessment of their likely commercial uptake as part of this holistic assessment.
Amendment 52 #
2022/0365(COD)
Proposal for a regulation
Recital 25
Recital 25
(25) It is important to grant Member States, national type-approval authorities and economic operators enough time to prepare for the application of the new rules introduced by this Regulation. The date of application should therefore be deferred. While for light duty vehicles the date of application should be as soon as technically possible, for heavy duty vehicles and trailers the date of application may be further delayed by two years, since the transition to zero- emission vehicles will be longer for heavy duty vehicle but should be as soon as technically possible to bring about the greatest environmental benefits.
Amendment 70 #
2022/0365(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point 29
Article 3 – paragraph 2 – point 29
(29) ‘tyre abrasion’ means the mass of tyre material lostseparated from the tyre due to the abrasion process and emitted to the environment in the form of microplastics, including, but not limited to, airborne particles;
Amendment 114 #
2022/0365(COD)
Proposal for a regulation
Article 4 – paragraph 8
Article 4 – paragraph 8
8. The manufacturer shall prevent the possibility of exploiting vulnerabilities referred to in paragraph 7. When such a vulnerability is found, the manufacturer shall immediately remove the vulnerability, by software update, hardware update, or any other appropriate means. The manufacturer shall not pass the costs of the vulnerability removal onto the consumers and shall provide adequate compensation to them. This shall not prevent consumers to rely on remedies as set under applicable Union or national law.
Amendment 149 #
2022/0365(COD)
Proposal for a regulation
Article 6 – paragraph 8
Article 6 – paragraph 8
8. For vehicles, systems, components and separate technical units presenting a serious risk or non-compliance with the requirements laid down in this regulation, manufacturers shall immediately take the necessary corrective measures, including repairs or modifications of those vehicles, systems, components and separate technical units as appropriate, to ensure compliance with this regulation. Manufacturers or any other economic operator shall immediately withdraw it from the market or recall it, as appropriate. The manufacturer shall immediately inform the type approval authority that granted the type-approval of the non-conformity with appropriate details.
Amendment 158 #
2022/0365(COD)
Proposal for a regulation
Article 7 – paragraph 4
Article 7 – paragraph 4
4. Manufacturers shall issue the environmental vehicle passport (EVP) for each vehicle andwhich shall be available to consumers at the point of sale, as well as deliver that passport to the purchaser of the vehicle together with the vehicle, extracting the relevant data from sources such as the certificate of conformity and the type-approval documentation. The manufacturer shall ensure that EVP data are available for display in the vehicle electronic systems and can be transmitted from on- to off- board.
Amendment 166 #
2022/0365(COD)
Proposal for a regulation
Article 10 – paragraph 2 a (new)
Article 10 – paragraph 2 a (new)
2 a. When performing tests, checks and inspections, national authorities and testing centres shall update the environmental vehicle passport (EVP) with up-to-date values with regard to the information mentioned in Article 3(71) of this Regulation.
Amendment 193 #
2022/0365(COD)
Proposal for a regulation
Article 12 – paragraph 2
Article 12 – paragraph 2
2. National authorities shall, during in-service conformity or market surveillance checks, verify whether manufacturers of vehicles have correctly installed excess emissions driver warning systems, low-reagent driver warning systems and whether vehicles can be tampered. Tampering which results in non-conformity of vehicles with the emission limits set out in Annex I of this Regulation shall lead to the adoption of appropriate corrective measures, including recalls, to bring to an end non- compliance. In addition to the corrective measures, national authorities shall be able to impose administrative fines of 30 000 euros per vehicles to the economic operator.
Amendment 195 #
2022/0365(COD)
Proposal for a regulation
Article 13 – paragraph 1
Article 13 – paragraph 1
1. The Commission or third parties, in accordance with Article 9 and 13(10) of Regulation (EU) 2018/858, mayshall perform in-service conformity and market surveillance checks set out in Tables 2, 4, 6, 8, and 10 of Annex V, to verify compliance of vehicles, components and separate technical units with this Regulation.
Amendment 199 #
2022/0365(COD)
Proposal for a regulation
Article 13 – paragraph 2 a (new)
Article 13 – paragraph 2 a (new)
2 a. When performing the checks, the Commission or third parties shall update the environmental vehicle passport (EVP) with up-to-date values with regard to the information mentioned in Article 3 (71) of this Regulation.
Amendment 200 #
2022/0365(COD)
Proposal for a regulation
Article 14 – paragraph 2
Article 14 – paragraph 2
2. Tests to prove compliance with the requirements of Article 4 shall be applied by manufacturers and national authorities as specified in Annex V. Tests to prove compliance with the requirements of Article 4 mayshall be applied by the Commission and third parties also as specified in Annex V. Where necessary, Commission and third parties may undertake additional testings that are not specified in the Annex V to verify and ensure compliance with the requirements of this Regulation.
Amendment 228 #
2022/0365(COD)
Proposal for a regulation
Article 17 – paragraph 2
Article 17 – paragraph 2
2. Where reference is made to this paragraph, Article 54 of Regulation (EU) No 182/2011 shall apply.
Amendment 233 #
2022/0365(COD)
Proposal for a regulation
Article 19 – paragraph 2
Article 19 – paragraph 2
Regulation (EC) 595/2009 is repealed with effect from 1 July 20275.
Amendment 238 #
2022/0365(COD)
Proposal for a regulation
Article 20 – paragraph 2
Article 20 – paragraph 2
It shall apply from 1 July 2025 for M1, N1 vehicles and components and separate technical units for those vehicles and from 1 July 2027, for M2, M3, N2, N3 vehicles and components and separate technical units for those vehicles and O3, O4 trailers.
Amendment 240 #
2022/0365(COD)
Proposal for a regulation
Article 20 – paragraph 3
Article 20 – paragraph 3
Amendment 178 #
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, businesses, workers and consumers 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 185 #
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 ofclarity 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 Single market. It emerged that there is a need for arrangements between the Member States and Union authorities as well as stakeholders and social partners as regards contingency planning, technical level coordination and cooperation and information exchange.
Amendment 189 #
2022/0278(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) Representative organisations of economic operators and social partners have suggested that economic operators did not have sufficient information on the crisis response measures of the Member States during the pandemics, partly due to not knowing where to obtain such information, partly due to language constraints and the administrative burden implied in making repeated inquiries in all the Member States, especially in a constantly changing regulatory environment. This prevented them from making informed business decisions as to what extent they may rely on their free movement rights or continue cross-border business operations during the crisis. It is necessary to improve the availability of information on national and Union level crisis response measures
Amendment 192 #
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 continuaggravating 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 on the Single Market of a wide range of crises.
Amendment 194 #
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, preventing, preparing for, mitigating and minimising the negative impacts which any crisis may cause on the Single Market and its supply chains. . while fully respecting and safeguarding fundamental human rights. by fostering its resilience. In order to do so, this Regulation should support the EU Green Deal’s objectives and the Green Deal Industrial Plan, including the transition to a full circular economy by 2050 based on short and diverse supply chains, less dependence on raw materials’ imports as well as high environmental, social and consumer protection standards while fully respecting and safeguarding fundamental human rights.
Amendment 201 #
2022/0278(COD)
Proposal for a regulation
Recital 9 – indent 1
Recital 9 – indent 1
— the necessary means to ensure the continued functioning of the Single Market, the businesses that operate on the Single Market and its strategic supply chains, including the free circulation of goods, services and persons in times of crisis and the availability of crisis relevant goods and services to citizens, businesses and public authorities at the time of crisis; while making sure that freedom of movement can be preserved under safe conditions especially for workers involved in the production and provision of those goods and services;
Amendment 208 #
2022/0278(COD)
Proposal for a regulation
Recital 9 – indent 3
Recital 9 – indent 3
— the means for the timely accessibility and availability of the information which is needed for a targeted response and adequate market behaviour by businesses, workers and citizens during a crisis.
Amendment 211 #
2022/0278(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) Where possible, this Regulation should allow for anticipation and prevention of events and crises, building on on-going analysis concerning strategically important areas of the Single Market economy and the Union’s continuous foresight work.
Amendment 216 #
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 Single Market of a Single Market emergency, implementingvigilance and emergency, delegated powers should exceptionally be conferred ton the Councilmmission for the activation of Single Market vigilance and emergency mode pursuant to Article 281(2) of the Treaty on the Functioning of the European Union.
Amendment 219 #
2022/0278(COD)
Proposal for a regulation
Recital 17
Recital 17
(17) Article 21 TFEU lays down the right of EU citizens to move and reside freely within the territory of the Member States, subject to the limitations and conditions laid down in the Treaties and the measures adopted to give them effect. The detailed conditions and limitations are laid down in Directive 2004/38/EC. This Directive sets out the general principles applicable to these limitations and the grounds that may be used to justify such measures. These grounds are public policy, public security or public health. InMember States shall refrain from introducing restrictions on the free movement of Union citizens and their family members and of this rd-countext, restrictions to freedom of movement can be justified if they are proportionate and non-ry nationals legally staying or residing in the territories of the Member States as well as refugees and beneficiaries of international protection that restrict on grounds of public policy, public security and public health without individual risk assessment or that are directly discriminatory. This Regulation is not intended to provide for additional grounds for the limitation of the right to free movement of persons beyond those provided for in Chapter VI of Directive 2004/38/EC.
Amendment 224 #
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 preinforcserve free movement of persons, increase transparency and provide administrative assistance during Single Market emergencies while ensuring the safety of persons exercising their freedom of movement also in times of crisis. 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 regulation.
Amendment 227 #
2022/0278(COD)
Proposal for a regulation
Recital 20
Recital 20
(20) If Member States should refrain from adopting measures affecting the free movement of goods or persons, goods or the freedom to provide services in preparation for and during Single Market emergencies, they should limit such measures to what isunless justified on grounds of legitimate public policy, security and health, in a proportionate and non-discriminatory manner. Especially in Single Market emergencies, citizens, workers, consumers and businesses depend on a well functioning Single Market and on the preservation of safe freedom of movement. Therefore, any such measures restricting the free movement of goods and services have to be limited to what is absolutely necessary and have to be remove themd as soon as the situation allows it. Such measures should respect the principles of proportionality and non- discrimination and should take into consideration the particular situation of border regionsgive special regard to the particular situation of border regions, to the provision of services that are essential to the functioning of the affected sector and to sectors that are notably dependent on mobile workers especially in services of general interest. Workers who due to the nature of their tasks and responsibilities are objectively unable to work remotely should not be subject to undue restrictions as long as their safety can be guaranteed.
Amendment 231 #
2022/0278(COD)
Proposal for a regulation
Recital 21
Recital 21
(21) The activation of the Single Market emergency mode should trigger an obligation for the Member States to notify crisis-relevant free movement restrictionsMember States shall notify any free movement restrictions without delay, and give a justified assessment of their proportionality and necessity.
Amendment 235 #
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 necessity and 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,consult with stakeholders such as social partners in order to assess the impact on the labour market. The Commission should assess the merits of Member State arguments including those relying on the precautionary principle enshrined in Article 191 TFEU 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 and to the right to free movement. 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.
Amendment 236 #
2022/0278(COD)
Proposal for a regulation
Recital 23
Recital 23
(23) In order to ensure that the specific Single Market vigilance and emergency measures provided for in this Regulation are used only where this is indispensable for preparing for or responding to a particular Single Market emergency, such measures should require individual activation by means of Commission implementingand deactivation by means of delegated acts, which indicate the reasons for such activation and the crisis-relevant goods or services that such measures apply to. On duly justified imperative grounds of urgency relating to the impacts of the crisis on the Single Market, the Commission shall adopt immediately applicable delegated acts as referred to in Articles 9, 10, and 14, 15 and 23 in accordance with the procedure referred to in Article 42(3). In order to ensure transparency and democratic scrutiny, the European Parliament has the right to demand the Commission to annually report on the ongoing monitoring of the Single Market’s crisis preparedness, including its mapping of supply chains and the undertaken stress tests, including climate stress tests, on measures taken to increase its resilience as well as on measures taken under vigilance and emergency modes in particular vigilance and emergency situations.
Amendment 239 #
2022/0278(COD)
Proposal for a regulation
Recital 24
Recital 24
(24) Furthermore, in order to ensure the proportionality of the implementingdelegated acts and due respect for the role of economic operators in crisis management, the Commission 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, this exchange should be thoroughly and clearly documented. Why this is the case should be indicated in each such act, and in relation to all particular aspects of a crisis.
Amendment 242 #
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 in full respect of the precautionary principle of Article 191 TFEU to ensure a high level of protection when it comes to human, animal, plant and environmental health. These crisis-response procedures should enable products, designated as crisis-relevant goods to be placed swiftly on the market in an emergency context. TWhen in Union harmonisation legislation, the conformity assessment is carried out by a third party, 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 author, social and environmental legislations shall be only valid on the territory of the issuing Member State and laid down in relevant Union harmonisation legislation, including harmonised standards. A rolling review can ensure that the latest scientific evidence is taken into account. Such authorisations shall be only limited to the duration of the Single Market emergency and for a maximum of six months. 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 order to ensure transparency about the products being placed on the market in one member state in a state of emergency under the presumption of conformity, a traceability tool shall give economic operators, market surveillance authorities and consumers the transparency and information needed about a product and its conformity. To enable regular monitoring of crisis relevant goods and goods that risk on becoming crisis- relevant, a traceabiliy tool therefore shall cover these products. 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, whichif they 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 247 #
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. Mandates and contracts of such joint procurement undertakings should be made available to the public.
Amendment 250 #
2022/0278(COD)
Proposal for a regulation
Recital 30
Recital 30
(30) Where there is a severe shortage of crisis-relevant products or services on the Single market during a Single Market emergency, and it is clear that the economic operators that operate on the Single market do not produce any such goods, but would in principle be able to repurpose their production lines or would have insufficient capacity to provide the goods or services needed, the Commission should be able to recommend to the Member States as a last resort to take measures to facilitate or request the ramping up or repurposing of production capacity of manufacturers or the capacity of the service providers to provide crisis- relevant services. In doing so the Commission would inform the Member States, the advisory group and the European Parliament as to the severity of the shortage and the type of the crisis- relevant goods or services that are needed and would provide support and advice in relation to the flexibilities in the EU acquis for such purposes.
Amendment 251 #
2022/0278(COD)
Proposal for a regulation
Recital 31
Recital 31
(31) The measures ensuring regulatory flexibility would allow the Commission to recommend that Member States accelerate the procedures for granting permits that would be necessary for enhancement of the capacity to produce crisis-relevant goods or provide crisis-relevant services without prejudice to the precautionary principle and fully respecting environmental, social and consumer protection standards.
Amendment 254 #
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 invitshould oblige 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 mayshould make such reasoned explanation or parts of it public, with due regard to business confidentiality.
Amendment 256 #
2022/0278(COD)
Proposal for a regulation
Recital 33
Recital 33
(33) Furthermore, to ensure availability of crisis-relevant goods during the Single Market emergency, the Commission may recommend that Member States distribute strategic reserves, having with due regard to the principles of solidarity, necessity and proportionality. Intra-EU export bans shall be prohibited.
Amendment 260 #
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 and their protection, 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, implementingdelegated 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, implementingdelegated powers should be conferred on the Commission 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 264 #
2022/0278(COD)
Proposal for a regulation
Recital 36
Recital 36
(36) This Regulation respects fundamental rights and observes the principles recognised in particular by the Charter of Fundamental Rights of the European Union (the ‘Charter’) and the right to liberty and security of person (Article 6). In particular, it respects the right to privacy of the economic operators enshrined in Article 7 of the Charter, right to data protection set out in Article 8 of the Charter, the freedom to conduct business and the freedom of contract, which are protected by Article 16 of the Charter, the right to property, protected by Article 17 of the Charter, right to collective bargaining and action protected by Article 26 of the Charter as well as the right to strike and the right to an effective judicial remedy and to a fair trial as provided for in Article 47 of the Charter. Since the objective of this Regulation cannot be sufficiently achieved by the Member States and can rather, by reason of the scale or effects of the action, be better achieved at Union level, the Union may adopt measures in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. In accordance with the principle of proportionality as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve that objective. The Regulation should not affect the autonomy of the social partners as recognised by the TFEU.
Amendment 268 #
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 and cross-border workers and service providers in their local labour markets.
Amendment 275 #
2022/0278(COD)
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
Amendment 283 #
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, preparing, preventing or responding to the impact of a crisis on the Single Market;
Amendment 286 #
2022/0278(COD)
Proposal for a regulation
Article 1 – paragraph 2 – point c
Article 1 – paragraph 2 – point c
(c) contingency measures aiming at anticipation and planning, preparing, preventing and planning in order to strengthen the Single Market’s resilience;
Amendment 291 #
2022/0278(COD)
Proposal for a regulation
Article 1 – paragraph 2 – point d
Article 1 – paragraph 2 – point d
(d) measures for addressing Single and labour Market impacts of significant incidents that have not yet resulted in a Single Market emergency (Single Market vigilance), including a set of vigilance measures and
Amendment 296 #
2022/0278(COD)
Proposal for a regulation
Article 1 – paragraph 3
Article 1 – paragraph 3
3. Member States shall regularly exchange information on all matters falling within the scope of this Regulation among themselves, with the advisory group, the European Parliament and with the Commission.
Amendment 302 #
2022/0278(COD)
Proposal for a regulation
Article 1 – paragraph 4 a (new)
Article 1 – paragraph 4 a (new)
4 a. This Regulation shall not affect the fundamental rights as recognised at EU level and in Member States , including the freedom or right to strike or to take other action covered by the specific industrial relations systems in Member States.
Amendment 343 #
2022/0278(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 5
Article 3 – paragraph 1 – point 5
(5) ‘goods and, services and technology of strategic importance’ means goods and, services and technology that are indispensable for ensuring the functioning of the Single Market in strategically important areas and which cannot be substituted or diversified in a timely manner;
Amendment 348 #
2022/0278(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 6
Article 3 – paragraph 1 – point 6
(6) ‘crisis-relevant goods and, services and technology’ means goods and, services and technology that are indispensable for responding to the crisis or for addressing the impacts of the crisis on the Single Market during a Single Market emergency ;
Amendment 374 #
2022/0278(COD)
Proposal for a regulation
Article 4 – paragraph 3
Article 4 – paragraph 3
3. The Commission shall chair the advisory group and ensure its secretariat. The Commission may inviteshall ensure the presence of a representative 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 group as observers. It shall invite the representatives of other crisis- relevant bodies at Union level as observers to the relevant meetings of the advisory group. __________________ 49 OJ L 1, 3.1.1994, p. 3.
Amendment 377 #
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 and strengthening the Single Market’s resilience under Articles 6 to 8, the advisory group shall assist and advise the Commission as regards the following tasks:
Amendment 382 #
2022/0278(COD)
Proposal for a regulation
Article 4 – paragraph 4 – point b
Article 4 – paragraph 4 – point b
(b) assessingment of significant incidents that the Member States have alerted the Commission to with regards to their impact on the free movement of goods, persons and services and on the labour market.
Amendment 387 #
2022/0278(COD)
Proposal for a regulation
Article 4 – paragraph 4 – point b a (new)
Article 4 – paragraph 4 – point b a (new)
(b a) assessing measures taken by the European Commission to strengthen the Single Market’s resilience such as mapping of relevant supply chains with relevant economic operators and technology as well as stress tests, including climate stress tests, conducted by the European Commission.
Amendment 397 #
2022/0278(COD)
Proposal for a regulation
Article 4 – paragraph 5 – point c
Article 4 – paragraph 5 – point c
(c) consulting the representatives of economic operators, including SMEs, as well as social partners and industry to collect market intelligence;
Amendment 416 #
2022/0278(COD)
Proposal for a regulation
Article 4 – paragraph 7
Article 4 – paragraph 7
7. The Commission shall ensure the participation of all bodies at Union level that are relevant to the respective crisis. The advisory group 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. The Commission shall annually report to the European Parliament on the work of the advisory board.
Amendment 439 #
2022/0278(COD)
Proposal for a regulation
Article 6 – paragraph 1 – introductory part
Article 6 – paragraph 1 – introductory part
1. The Commission taking into consideratibuilding upon the opinion of the advisory group and the input of relevant Union level bodies, is empowered after consulting the Member States, 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 441 #
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 exchange of Single Market resilience measures, the management of the Single Market vigilance and emergency modes in vigilance and emergency modes across the sectors of the Single Market;
Amendment 443 #
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-vis the public and stakeholders with a coordinating role for the Commission;
Amendment 449 #
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 partnesocial partners and economic operators , including SMEs, on their initiatives and actions to mitigate andactions to respond to potentialssible supply chain disruptions and overcomresolve potential shortages of goods and services in the Single Market; including their impact on the labour markets and measures put in place to protect the safety and rights of workers and service providers in the identified strategic areas;
Amendment 462 #
2022/0278(COD)
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
The Commission shall organise the training on crisis preparation, coordination, cooperation, communication and information exchange referred to in Article 6 for the staff of the designated central liaison offices. It shall organise simulations involving the staff of the central liaison offices from all Member States based on potential scenarios of Single Market emergencies.
Amendment 473 #
2022/0278(COD)
Proposal for a regulation
Article 8 – paragraph 3 – point a
Article 8 – paragraph 3 – point a
(a) the number of economic operators affected by the disruption or potential disruption, including possible disruptions of the labour market;
Amendment 493 #
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, 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. Such an implementing act shall contain the following: delegated act which shall be immediately applicable in accordance with the procedure referred to in Article 43a.
Amendment 497 #
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 crisis, laying out why this crisis is of critical importance to the Union and its Member States, pointing out why this crisis is of systemic and vital importance for public security, public safety, public order or public health, and how this crisis would have a significant impact on the functioning of the Single Market;
Amendment 508 #
2022/0278(COD)
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
2. The implementingdelegated act referred to in paragraph 1 shall be adopted in accordance with the examination procedure referred to in Article 412(2).
Amendment 517 #
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 consideratibuilding upon the opinion provided by the advisory group, may extend the vigilance mode for a maximum duration of six months by means of an implementingdelegated act.
Amendment 522 #
2022/0278(COD)
Proposal for a regulation
Article 10 – paragraph 2
Article 10 – paragraph 2
2. Where the Commission, taking into consideratibuilding upon the opinion provided by the advisory group, 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 implementingdelegated act.
Amendment 523 #
2022/0278(COD)
Proposal for a regulation
Article 10 – paragraph 3
Article 10 – paragraph 3
Amendment 531 #
2022/0278(COD)
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
1. When the vigilance mode has been activated in accordance with Article 9, national competent authorities shall monitor the supply chains of goods and services of strategic importance that have been identified in the implementingdelegated act activating the vigilance mode.
Amendment 540 #
2022/0278(COD)
Proposal for a regulation
Article 11 – paragraph 3
Article 11 – paragraph 3
3. Member States shall 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 implementingdelegated act activating the vigilance mode.
Amendment 542 #
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 shall address requests for voluntary provision of information to the most relevant operators along the supply chains of goods and services identified in the implementingdelegated 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 strategic importance isand about the impact on the labour market are 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 group without undue delay via the respective central liaison office.
Amendment 551 #
2022/0278(COD)
Proposal for a regulation
Article 11 – paragraph 6
Article 11 – paragraph 6
6. The Commission may askshall consult with the advisory group to discuss theon findings and prospects of evolution based on the monitoring of supply chains of goods and services of strategic importance.
Amendment 554 #
2022/0278(COD)
Proposal for a regulation
Article 11 – paragraph 7
Article 11 – paragraph 7
7. On the basis of the information collected through the activities carried out in accordance with paragraph 1, the Commission mayshall provide a report of the aggregated findings.
Amendment 560 #
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 implementingdelegated 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 on vital societal and vital economic activities. The Commission shall inform the Member States, the European Parliament and advisory board thereof.
Amendment 565 #
2022/0278(COD)
Proposal for a regulation
Article 12 – paragraph 2 – subparagraph 1 – introductory part
Article 12 – paragraph 2 – subparagraph 1 – introductory part
The Commission mayshall require, by means of implementing acts, that the Member States provide information on the goods listed in an implementing act adopted pursuant to Article 9(1), as regards all of the following:
Amendment 572 #
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 574 #
2022/0278(COD)
Proposal for a regulation
Article 12 – paragraph 4 – introductory part
Article 12 – paragraph 4 – introductory part
4. Where the building of strategic reserves of goods of strategic importance identified pursuant to paragraph 1 can be rendered more effective by streamlining among Member States, the Commission mayshall draw up and regularly update, by means of implementing acts, a list of individual targets regarding the quantities and the deadlines for those strategic reserves that the Member States should maintain. When setting the individual targets for each Member State, the Commission shall take into account:
Amendment 577 #
2022/0278(COD)
Proposal for a regulation
Article 12 – paragraph 6 – subparagraph 2 – introductory part
Article 12 – paragraph 6 – subparagraph 2 – introductory part
Following such an assessment, where the Commission establishes, supported by objective data, which is factual, measurable, substantiated and not informed by bias that
Amendment 583 #
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 Market qualifies as a Single Market emergency, the Commission shall, based on concrete and reliable evidence, takinge into account at least the following indicators:
Amendment 586 #
2022/0278(COD)
Proposal for a regulation
Article 13 – paragraph 1 – point a a (new)
Article 13 – paragraph 1 – point a a (new)
(a a) when the freedom of movement of persons, goods and/or on services was already or is likely to be severely impacted because of the crisis;
Amendment 591 #
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 of economic operations or us, users or consumers relying on the disrupted sector or sectors of the Single Market for the provision of the goods or services concerned;
Amendment 596 #
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 societal activities, the environmentclimate, the environment, consumers, workers and public safety;
Amendment 608 #
2022/0278(COD)
Proposal for a regulation
Article 13 – paragraph 1 – point h
Article 13 – paragraph 1 – point h
(h) the importance of economic operators in the affected seconomic operator in maintaining a sufficient level of supply of the goods or services, taking into account the availability of alternative means for the provision of those goods or services; and
Amendment 618 #
2022/0278(COD)
Proposal for a regulation
Article 14 – paragraph 2
Article 14 – paragraph 2
2. Where the Commission, taking into consideratibuilding upon the opinion provided by the advisory group, considers there is a Single Market emergency, it shall propose to the Council to activate the Single Market emergency mode by means of a delegated act which shall be immediately applicable in accordance with the procedure referred to in Article 43a.
Amendment 624 #
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 implementingdelegated act, and shall be a maximum of six months.
Amendment 633 #
2022/0278(COD)
Proposal for a regulation
Article 14 – paragraph 5
Article 14 – paragraph 5
5. As soon as the Single Market emergency mode is activated, the Commission shall, in consultation with the advisory group including relevant stakeholders, without delay, adopt a list of crisis-relevant goods and services and sectors that are notably depending on mobile workers by means of an implementing act. The list may be amended by means of implementing acts.
Amendment 647 #
2022/0278(COD)
Proposal for a regulation
Article 15 – paragraph 1
Article 15 – paragraph 1
1. Where the Commission considers, taking into consideratibuilding upon the opinion provided by the advisory group, that an extension of the Single Market emergency mode is necessary, it shall propose to the Council to extend the Single Market emergency mode by means of a delegated act which shall be immediately applicable in accordance with the procedure referred to in Article 43a. 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 and for a maximum duration of six months.
Amendment 651 #
2022/0278(COD)
Proposal for a regulation
Article 15 – paragraph 2
Article 15 – paragraph 2
2. Where the advisory group has concrete and reliable evidence that the Single Market emergency should be deactivated, it may formulate an opinion to that effect and transmit it to the Commission. Where the Commission, taking into consideratibuilding upon the opinion provided by the advisory group, considers a Single Market emergency no longer exists, it shall propose to the Council without delay propose the deactivation of the Single Market emergency mode by means of a delegated act.
Amendment 667 #
2022/0278(COD)
Proposal for a regulation
Article 16 – paragraph 2
Article 16 – paragraph 2
2. Any restriction shall be limited in time and removed as soon as the situation allows it. Additionally, any restriction should take into account the situation of border regions and their cross-border and mobile workers.
Amendment 670 #
2022/0278(COD)
Proposal for a regulation
Article 16 – paragraph 3
Article 16 – paragraph 3
3. Any requirement imposed on citizens, workers and businesses shall not create an undue or unnecessary administrative burden.
Amendment 675 #
2022/0278(COD)
Proposal for a regulation
Article 16 – paragraph 4
Article 16 – paragraph 4
4. Member States shall inform citizens, consumers, businesses, workers and their representatives about measures that affect their free movement rights in a clear and unambiguous manner so as to facilitate cross-border coordination in close cooperation with social partners at national and local level.
Amendment 686 #
2022/0278(COD)
Proposal for a regulation
Article 17 – paragraph 1 – point a
Article 17 – paragraph 1 – point a
(a) intraUnion export bans or other measures having equivalent effect on crisis-relevant goods or services listed in an implementing act adopted pursuant to Article 14, paragraph 5;
Amendment 689 #
2022/0278(COD)
Proposal for a regulation
Article 17 – paragraph 1 – point b
Article 17 – paragraph 1 – point b
Amendment 695 #
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 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 in provision of crisis-relevant services that are listed in an implementing act adopted pursuant to Article 14 paragraph 5 or which are essential to the functioning of the relevant sectors, or other measures having equivalent effect, that:
Amendment 699 #
2022/0278(COD)
Proposal for a regulation
Article 17 – paragraph 1 a (new)
Article 17 – paragraph 1 a (new)
1 a. Restrictions on the free movement of Union citizens and their family members and of third-country nationals legally staying or residing in the territories of Member States, as well as of refugees and beneficiaries of international protection, or other measures having equivalent effect, that: (i) restrict the freedom of movement on grounds of public policy, public security or public health without individual risk assessment or (ii) are directly discriminatory based on the nationality of the person.
Amendment 713 #
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 appropriate 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 including established partnerships;
Amendment 716 #
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 not manifestly go beyond what is necessary for that purpose. with due regard to mobile and cross border workers, in particular those which require on-location work;
Amendment 721 #
2022/0278(COD)
Proposal for a regulation
Article 17 – paragraph 6 – point a
Article 17 – paragraph 6 – point a
(a) Those service providers that provide crisis-relevant services that are listed in an implementing act adopted pursuant to Article 14(5), or business representatives or workers that are involved in production of crisis-relevant goods or provision of crisis-relevant services that are listed in an implementing act adopted pursuant to Article 14(5) including those that are essential to the functioning of the affected sector to allow them to have access to the place of their activities, if activities in the sector concerned are still allowed in the Member State;
Amendment 723 #
2022/0278(COD)
Proposal for a regulation
Article 17 – paragraph 7
Article 17 – paragraph 7
7. When taking the measures referred to in this provision, the Member States shall ensure full compliance with the Treaties and Union law, including the protection of workers, service providers and business representatives, ensuring they are able to exercise their freedom of movement under safe conditions. Nothing in this provision shall be construed as authorising or justifying restrictions to free movement contrary to the Treaties or other provisions of Union law.
Amendment 728 #
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 reinforcfacilitate free movement of persons referred to in Article 17(6) and 17(7) and to ensure that they can exercise their freedom of movement under safe conditions 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 739 #
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 make the enactment of such measure justified and proportionate, where those reasons have not already been made clear in the notified measureaccompanied by an assessment of the necessity and proportionality of such measures. Member States shall assess in particular whether the proposed measures are likely to adequately remedy or address the Single Market emergency and whether other less restrictive measures could attain the same objective, having regard to the impact of the adopted measures on freedom of movement and other fundamental rights, their scope and duration. 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 745 #
2022/0278(COD)
Proposal for a regulation
Article 19 – paragraph 5
Article 19 – paragraph 5
5. If the advisory group chooses to deliver an opinion on a notified measure, it shall do so within fourtwo working days from the date of receipt by the Commission of the notification concerning that measure.
Amendment 747 #
2022/0278(COD)
Proposal for a regulation
Article 19 – paragraph 6
Article 19 – paragraph 6
6. The Commission shall ensure that citizens and businesses are informed of the notified measures, unless Member States request that the measures remain confidential, or the Commission deems disclosure of those measures would affect the security and public order of the European Union or its Member States, as well as of the decisions and Member States’ comments adopted in accordance with this Article.
Amendment 750 #
2022/0278(COD)
Proposal for a regulation
Article 19 – paragraph 8
Article 19 – paragraph 8
8. Within 105 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 105 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 753 #
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 to comply with the comments delivered in accordance with paragraph 8 to the Commission within 105 days after receiving them.
Amendment 756 #
2022/0278(COD)
Proposal for a regulation
Article 19 – paragraph 11
Article 19 – paragraph 11
11. If the Commission finds that the measures communicated by the notifying Member State are still not in accordance with Union law, it may issue within 3015 days of that communication, a decision requiring that Member State to refrain from adopting the notified draft measure. The notifying Member State shall communicate the adopted text of a notified draft measure to the Commission without delay.
Amendment 760 #
2022/0278(COD)
Proposal for a regulation
Article 19 – paragraph 13
Article 19 – paragraph 13
13. The period of 3015 days referred to in paragraphs 11 and 12 may be exceptionally extended by the Commission in order to take account of a change of circumstances, in particular to receive scientific advice, evidence or technical expertise in the context of an evolving situation. The Commission shall set out the reasons justifying any such extension and shall set a new deadline and shall inform the Member States about the new deadline and the reasons for the extension without delay.
Amendment 762 #
2022/0278(COD)
Proposal for a regulation
Article 19 – paragraph 14
Article 19 – paragraph 14
14. The Commission decisions referred to in paragraphs 11 and 12 shall be based on available information and may be issued when there are immediately obvious and serious grounds to believe that the notified measures do not comply with Union law, including Article 16 or 17 of this Regulation, the principle of proportionality or the principle of non-discrimination. The adoption of those decisions shall be without prejudice to the possibility for the Commission to adopt measures at a latIn case a Member State fails to notify the Commission or in case the Commission decides a measure taken by a Member sStage, including the launching ofte is non-compliant with EU law, the Commission shall launch an infringement procedure on the basis of Article 258 TFEU.
Amendment 769 #
2022/0278(COD)
Proposal for a regulation
Article 21 – paragraph 1 – point b a (new)
Article 21 – paragraph 1 – point b a (new)
(b a) assistance in dissemination of information to businesses, consumers and workers by closely cooperating with stakeholders at national and local level such as social partners and consumer organisations.
Amendment 778 #
2022/0278(COD)
Proposal for a regulation
Article 22 – paragraph 2 – point a
Article 22 – paragraph 2 – point a
(a) assistance in requesting and obtaining information as regards Union level and other Member States’ crisis response measures that are relevant to the activated Single Market emergency or which affect the exercise of the free movement of goods, services, persons and workers;
Amendment 787 #
2022/0278(COD)
Proposal for a regulation
Article 23 – paragraph 1
Article 23 – paragraph 1
1. 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 implementingdelegated act in accordance with Article 14.
Amendment 793 #
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 mayshall 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 within a given deadline.
Amendment 798 #
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-limit andor do not provide a valid justification for not doing so within 14 days, the Commission mayshall, by means of an implementing act, require that they transmit the information, indicating in the implementing act 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 808 #
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. 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 and on the mapping of economic operators as referred to in Art. 6 (3new). The Commission may obtain the necessary information on the relevant economic operators from the Member States.
Amendment 813 #
2022/0278(COD)
Proposal for a regulation
Article 24 – paragraph 5
Article 24 – paragraph 5
5. The Commission Decisions 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 but which is no longer than 10 days. It shall take into account the effort required to collect and make the data available by the economic operator or representative organisation. The formal decision 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 831 #
2022/0278(COD)
Proposal for a regulation
Article 26 – paragraph 1
Article 26 – paragraph 1
When the Single Market emergency mode has been activated by means of a Council implementing act adopted pursuant to Article 14, and there is a shortage of crisis relevant goods the Commission may activate by means of implementing acts the emergency procedures included in the Union legal frameworks amended by [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, and 2014/68/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] as regards crisis-relevant goods, indicating which crisis-relevant goods and emergency procedures are subject to the activation, providing reasons for such activation and its proportionality, and indicating the duration of such activation while complying with the applicable safety requirements, social and environmental legislation laid down in relevant Union harmonisation legislation. The duration can be for maximum six months. A rolling review should ensure that the latest scientific evidence is taken into account even under emergency procedures.
Amendment 836 #
2022/0278(COD)
Proposal for a regulation
Article 26 a (new)
Article 26 a (new)
Article 26 a Traceability 1. For products admitted under Article 26 in this Regulation, and after consulting the Consumer Safety Network, relevant expert groups and relevant stakeholders, the Commission shall set up a system of traceability to which economic operators who place and make available those products on the market shall adhere. 2. The system of traceability shall consist of the collection and storage of data, including by electronic means, enabling the identification of the product, its components or of the economic operators involved in its supply chain, as well as in modalities to display and to access those data, including placement of a data carrier on the product, its packaging or accompanying documents. 3. The Commission is empowered to adopt delegated acts to supplement this Regulation by: (a) determining the crisis relevant products, as referred to in paragraph 1; (b) specifying the type of data which economic operators are to collect and store by means of the system of traceability referred to in paragraph 2; (c) specifying the modalities to display and to access data, including placement of a data carrier on the product, its packaging or accompanying documents as referred to in paragraph 2; (d) specifying the actors that shall have access to the data as referred to in point (b) and to what data they shall have access, including consumers, economic operators, providers of online marketplaces, competent national authorities, the Commission, and public interest organisations, or any organisation acting on their behalf. 4. Market surveillance authorities, consumers, economic operators and other relevant actors shall have access to the data referred to in paragraph 3 based on their respective access rights set out in the applicable delegated act adopted pursuant to paragraph 3, point (d). 5. When adopting the measures referred to in paragraph 3, the Commission shall take into account: (a) an adequate timeframe to allow economic operators to prepare for those measures; and (b) the compatibility and interoperability with other product traceability systems already set up at Union or at international level.
Amendment 841 #
2022/0278(COD)
Proposal for a regulation
Article 27 – paragraph 1
Article 27 – paragraph 1
1. The Commission, informing the European Parliament, may invite 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 846 #
2022/0278(COD)
Proposal for a regulation
Article 27 – paragraph 2
Article 27 – paragraph 2
2. If an economic operator does not accept andor prioritise priority rated orders, the Commission may, 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 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 in written why it is not possible or appropriate for that operator to do so. The Commission’s decision shall be based on objective data which is factual, measurable, substantiated and not informed by bias showing that such prioritisation is indispensable to ensure the maintenance of vital societal or vital economic activities in the Single Market
Amendment 851 #
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 andperform the prioritise they rated 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 gravity.
Amendment 855 #
2022/0278(COD)
Proposal for a regulation
Article 27 – paragraph 6
Article 27 – paragraph 6
6. The Commission shall take the decision referred to in paragraph 2 in accordance with applicable Union law, including the principles of necessity and proportionality, and the Union’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 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 price.
Amendment 863 #
2022/0278(COD)
Proposal for a regulation
Article 28 – paragraph 1 – introductory part
Article 28 – paragraph 1 – introductory part
1. The Commission mayshall, by means of a decision, where deemed necessary and proportionate, impose fines:
Amendment 865 #
2022/0278(COD)
Proposal for a regulation
Article 28 – paragraph 1 – point a
Article 28 – paragraph 1 – point a
(a) where a representative organisation of economic operators or an economic operator, intentionally or through gross negligence, supplies incorrect, incomplete or misleading information in response to a request made pursuant to Article 24, or does not supply the information within the prescribed time limit;
Amendment 866 #
2022/0278(COD)
Proposal for a regulation
Article 28 – paragraph 2
Article 28 – paragraph 2
Amendment 871 #
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 exceedbe lower than 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 not exceeding 1% of total turnover in the preceding business year.
Amendment 893 #
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, taking into consideratibuilding upon the opinion provided by the advisory group, 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 904 #
2022/0278(COD)
Proposal for a regulation
Article 33 – paragraph 2 – point c
Article 33 – paragraph 2 – point c
(c) aiming at accelerating permitting of crisis-relevant goods. fully respecting social and environmental legislation;
Amendment 906 #
2022/0278(COD)
Proposal for a regulation
Article 33 – paragraph 2 – point c a (new)
Article 33 – paragraph 2 – point c a (new)
(c a) aiming at using all flexibilities of the international framework on intellectual property protection..
Amendment 909 #
2022/0278(COD)
Proposal for a regulation
Article 34 – paragraph 1
Article 34 – paragraph 1
1. TWhen respectively the vigilance mode or Single Market emergency mode has been activated pursuant to Article 9 or 14, 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 914 #
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. 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.
Amendment 915 #
2022/0278(COD)
Proposal for a regulation
Article 34 – paragraph 3
Article 34 – paragraph 3
3. Where the Commission agrees to procure on behalf of the Member States, it shall draw up a proposal for a framework agreement to be concluded with the participating Member States allowing the Commission to procure on their behalf. This agreement shall lay down the detailed conditions, practical arrangements for this procedure as well as rules for decision- making, for the procurement on behalf of the participating Member States referred to in paragraph 1 and shall be made public.
Amendment 918 #
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, including on elements such as definition of technical specifications, award criteria and assessment of tenders received, 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. which shall be made public
Amendment 926 #
2022/0278(COD)
Proposal for a regulation
Article 35 – paragraph 3
Article 35 – paragraph 3
3. Representatives of the Commission or experts nominated by the Commission may carry out on-regular on-site visits, including not anounced site visits at the locations of production facilities of relevant goods of strategic importance or crisis-relevant goods.
Amendment 929 #
2022/0278(COD)
Proposal for a regulation
Article 36 – paragraph 2
Article 36 – paragraph 2
2. The contracts mayshall include a clause stating that a Member State which has not participated in the procurement procedure may become a party to the contract after it has been signed, laying out in detail the procedure for doing so and its effects.
Amendment 930 #
2022/0278(COD)
Proposal for a regulation
Article 36 a (new)
Article 36 a (new)
Article 36 a Publication of joint public procurement contracts 1. The Commission must ensure all joint procurement contracts are made available to the public and accessible on the Commission's website within 30 days after signing of the contract. Information disclosed for public scrutiny shall include: (a) the amount of public investment paid to the contractor, broke down by cost structure of the product; (b) price per unit of the product; (c) number of product units to be delivered per quarter; (d) number and locations of the product’s manufacturing sites; (e) arrangements related to product donations, intellectual property and technology transfer within the Union and with third countries; (f) product liability clauses and compensation for any damage caused by the product; (g) terms and conditions related to the breach of the contracts and their termination. The European Court of Auditors shall have full access to all relevant documents to provide accurate annual scrutiny of signed contracts and public investment;
Amendment 942 #
2022/0278(COD)
Proposal for a regulation
Article 40 – paragraph 1
Article 40 – paragraph 1
1. This Regulation shall be without prejudice to the obligations of Member States relating to their processing of personal data under Regulation (EU) No 2016/679 and Directive 2002/58/EC on privacy and electronic communications, or the obligations of the Commission and, where appropriate, other Union institutions and bodies, relating to their processing of personal data under Regulation (EU) No 2018/1725, when fulfilling their responsibilities.
Amendment 946 #
2022/0278(COD)
Proposal for a regulation
Article 40 – paragraph 3
Article 40 – paragraph 3
3. Where processing of personal data is not strictly necessary to the fulfilment of the mechanisms established in this Regulation can be achieved with processing anonymised data, personal data shall be rendered anonymous in such a manner that the data subject is not identifiable.
Amendment 949 #
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 open source 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.
Amendment 952 #
2022/0278(COD)
Proposal for a regulation
Article 43 – paragraph 2
Article 43 – paragraph 2
2. The power to adopt delegated acts referred to in Article 6 shall be conferred on the Commission for a period of fivetwo years from date of entry into force of this Directive or any other date set by the co- legislators.
Amendment 953 #
2022/0278(COD)
Proposal for a regulation
Article 43 a (new)
Article 43 a (new)
Article 43 a Urgency procedure 1. Delegated acts adopted under this Article shall enter into force without delay and shall apply as long as no objection is expressed. 2. The notification of a delegated act to the European Parliament and to the Council shall state the reasons for the use of the urgency procedure. 3. Either the European Parliament or the Council may object to a delegated act. In such a case, the Commission shall repeal the act immediately following the notification of the decision to object by the European Parliament or by the Council.
Amendment 958 #
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, 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 and report on reslience measures.
Amendment 108 #
2022/0269(COD)
(3) The eradication of forced labour is a priority for the Union. Respect for human dignity and the universality and indivisibility of human rights are firmly enshrined in Article 21 of the Treaty on European Union. Article 5(2) of the Charter of Fundamental Rights of the European Union and Article 4 of the European Convention on Human Rights provide that no one is to be required to perform forced or compulsory labour. The European Court of Human Rights has repeatedly interpreted Article 4 of the European Convention on Human Rights as requiring Member States to penalise and effectively prosecute any act maintaining a person in the situations described set out in Article 4 of the European Convention on Human Rights.19The right of victims to an effective remedy for business-related human rights violations or abuses, including forced labour, is recognised in Union law, the UN Guiding Principles on the Business and Human Rights (UNGPs), the Council of Europe and the OECD. _________________ 19 For instance paras. 89 and 102 in Siliadin v. France or para. 105 in Chowdury and Others v. Greece.
Amendment 114 #
2022/0269(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) Through its policies and legislative initiatives the Union seeks to eradicate the use of forced labour and promote decent work and labour rights worldwide. The Union promotes due diligence in accordance with international guidelines and principles established by international organisations, including the ILO, the Organisation for Economic Co-operation and Development (hereinafter “OECD”) and the United Nations (hereinafter “UN”), to ensure that forced labour does not find a place in the value chains of undertakings established in the Union.
Amendment 121 #
2022/0269(COD)
Proposal for a regulation
Recital 6 b (new)
Recital 6 b (new)
(6b) The 2021 EU Strategy on the Rights of the Child foresees that the EU will insist on third countries to update regularly national lists of hazardous occupations children should never be tasked to do. The Durban Call to Action on the Elimination of Child Labour recalls the commitments of UN members to strengthen the prevention and elimination of child labour, including its worst forms, forced labour, modern slavery and trafficking in persons and to increase financing and international cooperation for the elimination of child labour and forced labour. ILO Convention No. 138 requires Member States to create a national policy designed to ensure the effective abolition of child labour.
Amendment 124 #
2022/0269(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) [In particular, Directive 20XX/XX/EU on Corporate Sustainability Due Diligence sets out horizontal due diligence obligations to identify, prevent, mitigate and account for actual and potential adverse impacts on human rights, including forced labour, and the environment in the company’s own operations, its subsidiaries and in its value chains, in accordance with international human and labour rights standards and environmental conventions. Those obligations apply to large companies over a certain threshold in terms of number of employees and net turnover, and to smaller companies in high-impact sectors over a certain threshold in terms of number of employees and net turnover.22] _________________ 22 Directive 20XX/XX/EU of the European Parliament and of the Council on Corporate Sustainability Due Diligence and amending Directive (EU) 2019/1937, OJ XX, XX.XX.20XX, p. XX.
Amendment 139 #
2022/0269(COD)
Proposal for a regulation
Recital 16
Recital 16
(16) In order to ensure the effectiveness of the prohibition, such prohibition should apply to products for which forced labour has been used at any stage of their production, manufacture, harvest and extraction, including working or, processing, storage, packaging, transportation or distribution related to the products. The prohibition should apply to all products, of any type, including their components, and should apply to products regardless of the sector, the origin, whether they are domestic or imported, or placed or made available on the Union market or exported.
Amendment 145 #
2022/0269(COD)
Proposal for a regulation
Recital 18
Recital 18
(18) Micro, small and medium-sized enterprises (’SMEs’) can have limited resources and ability to ensure that the products they place or make available on the Union market are free from forced labour. The Commission should therefore issue guidelines on due diligence in relation to forced labour, which should take into account also the size and economic resources of economic operators. In addition, the Commission should issue guidelines on forced-labour risk indicators and on publicly available information in order to help SMEs, as well as other economic operators, to comply with the requirements of the prohibition.
Amendment 150 #
2022/0269(COD)
(18a) Remedy is a crucial part of the human rights due diligence process under the UNGPs and is critical to ensuring that a Forced Labour Instrument has a positive impact for workers and holds corporations to account. Remedy will encourage workers to come forward and report abuse. Accordingly, this Regulation must ensure the provision of effective remedy to affected rightholders.
Amendment 152 #
2022/0269(COD)
Proposal for a regulation
Recital 19
Recital 19
(19) The competent authorities of the Member States should monitor the market to identify violations of the prohibition. In appointing those competent authorities, Member States should ensure that those authorities have sufficient human and financial resources and that their staff has the necessary competences and knowledge, especially with regard to human rights, labour rights, gender equality, value chain management and due diligence processes. Competent authorities should closely coordinate with national labour inspections and judicial and law enforcement authorities, including those responsible for the fight against trafficking in human beings in such a way as to avoid jeopardising investigations by such authorities.
Amendment 155 #
2022/0269(COD)
Proposal for a regulation
Recital 20
Recital 20
Amendment 160 #
2022/0269(COD)
Proposal for a regulation
Recital 21
Recital 21
(21) When identifying potential violations of the prohibition, the Commission and competent authorities should follow a risk-based approach and assess all information available to them. CThe Commission and competent authorities should initiate an investigation where, based on their assessment of all available information, they establish that there is a substantiated concern of a violation of the prohibition.
Amendment 164 #
2022/0269(COD)
Proposal for a regulation
Recital 22
Recital 22
(22) Before initiatDuring an investigation, competent authorities shouldmay request from the economic operators under assessment information on actions taken to mitigate, prevent or, remediate and bring to an end risks of forced labour in their operations and value chains with respect to the products under assessment. Carrying out such due diligence in relation to forced labour should help the economic operator to be at a lower risk of having forced labour in its operations and value chains. Appropriate due diligence means that forced labour issues in the value chain have been identified and addressed in accordance with relevant Union legislation and international standards. That implies that where the competent authority considers that there is no substantiated concern of a violation of the prohibition, for instance due to, but not limited to the applicable legislation, guidelines, recommendations or any other due diligence in relation to forced labour being applied in a way that mitigates, prevents and brings to an end the risk of forced labour, no investigation should be initiated.
Amendment 175 #
2022/0269(COD)
Proposal for a regulation
Recital 23
Recital 23
(23) In order to ensure cooperation among the Commission and competent authorities designated under this and other relevant legislation and in order to ensure consistency in their actions and decisions, competent authorities designated under this Regulation should request information from other relevant authorities, where necessary, on whether economic operators under assessment are subject to and carry out due diligence in relation to forced labour in accordance with applicable Union legislation or Member States legislation setting out due diligence and transparency requirements with respect to forced labour.
Amendment 182 #
2022/0269(COD)
Proposal for a regulation
Recital 24
Recital 24
(24) During the preliminary phase of investigation,investigation, the Commission and competent authorities should focus on the economic operators involved in the steps of the value chain where there is a higher risk of forced labourvalue chain with respect to the products under investigation, also taking into account their size and economic resources, the quantity of products concerned and the scale of the suspected forced labour.
Amendment 186 #
2022/0269(COD)
Proposal for a regulation
Recital 25
Recital 25
(25) Competent authorities, when requesting information during the investigation, should prioritiseidentify to the extent possible and consistent with the effective conduct of the investigation the responsibilities of the economic operators under investigation that are involved in the steps of the value chain as close as possible to where the likely risk of forced labour occurs and take into account the size and economic resources of the economic operatorwith the highest leverage to prevent, mitigate, remediate and bring to an end the use of forced labour in their operations and value chains, the quantity of products concerned, as well as the scale of suspected forced labour.
Amendment 202 #
2022/0269(COD)
Proposal for a regulation
Recital 26
Recital 26
(26) Competent authoritieEconomic operators should bear the burden of establishproving that forced labour has not been used at any stage of production, manufacture, harvest or extraction, storage, packaging, transportation or distribution of a product, including working or processing related to the product on the basis of all information and evidence gathered during the investigation, including its preliminary phase. To ensure their right to due process, economic operators should have the opportunity to provide information in their defence towhen requested by the competent authorities throughoutor after the investigation.
Amendment 207 #
2022/0269(COD)
Proposal for a regulation
Recital 27
Recital 27
(27) Competent authorities that establish that economic operators violated the prohibition, should without delay prohibit the placing and making available of such products on the Union market and their export from the Union, and require the economic operators that have been investigated to withdraw the relevant products already made available from the Union market and have themdonate the products to charitable or public interest purposes. If such products cannot be donated, economic operators should recycle them and if recycling is not possible, the products should be destroyed, rendered inoperable, or otherwise disposed of in accordance with national law consistent with Union law, including Union legislation on waste management.
Amendment 214 #
2022/0269(COD)
Proposal for a regulation
Recital 28
Recital 28
(28) In that decision, competent authorities should state the findings of the investigation, and the information underpinning the findings, and set a reasonable time within which the economic operators should comply with the decision, as well as information allowing for the identification of the product to which the decision applies. The Commission should be empowered to adopt the implementing acts necessary to specify the details about the information to be contained in such decisions. The decisions from competent authorities should be made publicly available.
Amendment 216 #
2022/0269(COD)
Proposal for a regulation
Recital 29
Recital 29
Amendment 223 #
2022/0269(COD)
Proposal for a regulation
Recital 30
Recital 30
(30) If the economic operators fail to comply with the decision of the competent authorities by the end of the established timeframe, the competent authorities should ensure that the relevant products are prohibited from being placed or made available on the Union market, exported or withdrawn from the Union market and that any such products remaining with the relevant economic operators are donated to charitable or public interest purposes. If such products cannot be donated, economic operators should recycle them, and if that is not possible, they should have the products destroyed, rendered inoperable, or otherwise disposed of in accordance with national law consistent with Union law, including Union legislation on waste management at the expense of the economic operators.
Amendment 231 #
2022/0269(COD)
Proposal for a regulation
Recital 32
Recital 32
(32) Any person, whether it is a natural or legal person, or any association not having legal personality, should be allowed to submit information to the Commission or to competent authorities when it considers that products made with forced labour are placed and made available on the Union market and to be informed of the outcome of the assessment of their submission. Submissions may be addressed to one or more competent authorities. The Commission and competent authorities shall ensure that the identity of the person or persons reporting complaints, providing evidence, and of any individuals who are potentially being subjected to forced labour in terms of the complaint or investigation, is not disclosed without the explicit consent of that or those persons, to anyone beyond the authorised staff members competent to receive or follow up on complaints. This shall also apply to any other information from which the identity of the reporting person may be directly or indirectly deduced.
Amendment 242 #
2022/0269(COD)
Proposal for a regulation
Recital 33
Recital 33
(33) The Commission should issue guidelines in order to facilitate the implementation of the prohibition by economic operators and competent authorities. Such guidelines should include guidance on due diligence in relation to forced labour and complementary information for the Commission and competent authorities to implement the prohibition. The guidance on due diligence in relation to forced labour should build on the Guidance on due diligence for Union businesses to address the risk of forced labour in their operations and supply chains published by the Commission and the European External Action Service in July 2021. The guidelines should be consistent with other Commission guidelines in this regard and relevant international organisations’ guidelines. The reports from international organisations, in particular the ILO, as well as other independent and verifiable sources of information should be considered for the identification of risk indicators.
Amendment 246 #
2022/0269(COD)
Proposal for a regulation
Recital 34
Recital 34
(34) Decisions of the Commission and competent authorities establishing a violation of the prohibition should be communicated to customs authorities, who should aim at identifying the product concerned amongst products declared for release for free circulation or export. The competent authorities should be responsible for the overall enforcement of the prohibition with regard to the internal market as well as products entering or leaving the Union market. Since forced labour is part of the manufacturing process and does not leave any trace on the product, and Regulation (EU) 2019/1020 covers only manufactured products and its scope is limited to release for free circulation, the customs authorities would be unable to act autonomously under Regulation (EU) 2019/1020 for the application and enforcement of the prohibition. The specific organisation of controls of each Member State should be without prejudice to Regulation (EU) No 952/2013 of the European Parliament and of the Council32and its general provisions on the control and supervisory powers of customs authorities. _________________ 32 Regulation (EU) No 952/2013 of the European Parliament and of the Council of 9 October 2013 laying down the Union Customs Code (recast) (OJ L 269, 10.10.2013, p. 1).
Amendment 259 #
2022/0269(COD)
Proposal for a regulation
Recital 37
Recital 37
(37) Where the competent authorities conclude that a product corresponds to a decision establishing a violation of the prohibition, they should immediately inform customs authorities which should refuse its release for free circulation or export. The product should be destroyed, rendered inoperable, or otherwise disposed ofonated to charitable or public interest purposes. If the product cannot be donated, it should be recycled, and if that is not possible, it should be destroyed, in accordance with national law consistent with Union law, including legislation on waste management, which excludes re-export in case of non-Union goods.
Amendment 270 #
2022/0269(COD)
Proposal for a regulation
Recital 42
Recital 42
(42) To ensure effective enforcement decisions taken by the Commission or a competent authority in one Member State should be recognised and enforced by competent authorities in the other Member States regarding products withfrom the same identification from the same supply chaiproduction site, company, group of companies or region for which forced labour has been found.
Amendment 275 #
2022/0269(COD)
Proposal for a regulation
Recital 44
Recital 44
(44) To ensure effective enforcement of the prohibition, it is necessary to establish a network aimed at structured coordination and cooperation between the Commission, competent authorities of the Member States and, where appropriate, experts from customs authorities, and the Commission. That network should also aim at streamlining the practices of the competent authorities within the Union that facilitate the implementation of joint enforcement activities by Member States, including joint investigations. That administrative support structure and capacity building activities, such as the organisation of training programmes for competent authorities and other relevant stakeholders. The administrative support structure to be provided by the Commission should allow the pooling of resources and maintain a communication and information system between Member States and the Commission, thereby helping to strengthen the enforcement of the prohibition.
Amendment 280 #
2022/0269(COD)
Proposal for a regulation
Recital 44 a (new)
Recital 44 a (new)
(44a) The Commission should ensure the effective and uniform application of this Regulation and to that effect support and encourage cooperation between enforcement authorities through the Network. Furthermore, the Commission should set up a harmonised approach for penalties, and, in particular, it should lay down harmonised rules on penalties applicable to non-compliance with the decision of competent authorities.
Amendment 289 #
2022/0269(COD)
Proposal for a regulation
Recital 48 a (new)
Recital 48 a (new)
(48a) No later than three years after the entry into force, the Commission should carry out a first review of this Regulation with particular attention to the effectiveness of the instrument, proposing additional measures where deemed appropriate.
Amendment 293 #
2022/0269(COD)
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
1. This Regulation lays down rules prohibiting economic operators from placing and making available on the Union market or exporting from the Union market products made, stored, transported, packaged or distributed with forced labour.
Amendment 297 #
2022/0269(COD)
Proposal for a regulation
Article 1 – paragraph 1 a (new)
Article 1 – paragraph 1 a (new)
1a. This Regulation lays down rules for remedial obligations for economic operators for cases where forced labour has been established.
Amendment 305 #
2022/0269(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point b a (new)
Article 2 – paragraph 1 – point b a (new)
(ba) ‘forced labour high risk area’ means countries or regions where there is clear and reliable evidence of state- imposed forced labour, in an entire product group in a specific industry.
Amendment 307 #
2022/0269(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point c
Article 2 – paragraph 1 – point c
(c) ‘due diligence in relation to forced labour’ means the efforts by economic operator to implement mandatory requirements, voluntary guidelines, recommendations or practices to identify, prevent, mitigate or bring to an end the use of forced labour in their operations and value chain with respect to products that are to be made available on the Union market or to be exported;
Amendment 309 #
2022/0269(COD)
(ca) ‘remediation’ means measures aiming to improve conditions for workers and affected victims of forced labour.These include evidence of one or more of the following: i) financial and non-financial compensation, including compensation based on the duration and extent of forced labour and any harms suffered; ii) restitution for the victims, including restoring relevant documents such as visas and work permits, and returning their passport; iii) rehabilitation; iv) preventive measures and guarantees of non-reoccurrence of forced labour;and where it is accompanied by one or more of the above measures, apologies; v) other remediation measures as agreed on by the economic operators and affected workers and stakeholders.
Amendment 312 #
2022/0269(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point c b (new)
Article 2 – paragraph 1 – point c b (new)
(cb) 'root causes of forced labour' means the causes leading to economic exploitation, poverty, systemic discrimination, and lack of regular and decent labour migration pathways at the level of a country or region. At the level of an economic operator, it includes prices below the cost of production, the lack of living incomes and living wages as well as unfair purchasing practices.
Amendment 314 #
2022/0269(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point c c (new)
Article 2 – paragraph 1 – point c c (new)
(cc) ‘stakeholders’ means: i) workers and other individuals, groups, communities, trade unions, worker representatives or entities whose rights or interests are or could be affected by forced labour as used by an economic operator, its subsidiaries or its business relationships; ii) other legal or natural persons defending human rights, including individuals, groups and organs of society that promote and protect universally recognised human rights and fundamental freedoms and labour conventions, including the rights of workers, trade unions, indigenous peoples or other vulnerable stakeholders;and (iii) organisations whose statutory purpose is the defence of human rights;
Amendment 326 #
2022/0269(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point g
Article 2 – paragraph 1 – point g
(g) ‘product made with forced labour’ means a product for which forced labour has been used in whole or in part at any stage of its extraction, harvest, production or manufacture, storage, transport, packaging or distribution, including working or processing related to a product at any stage of its supply chain;
Amendment 339 #
2022/0269(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point k
Article 2 – paragraph 1 – point k
(k) ‘product supplier’ means any natural or legal person or association of persons in the supply chain who extracts, harvests, produces or, manufactures, stores, transports, packages or distributes a product in whole or in part, or intervenes in the working or processing related to a product at any stage of its supply chain, whether as manufacturer or in any other circumstances;
Amendment 345 #
2022/0269(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point m a (new)
Article 2 – paragraph 1 – point m a (new)
(ma) ‘end user’ means any natural or legal person residing or established in the Union, to whom a product has been made available either as a consumer outside of any trade, business, craft or profession or as a professional end user in the course of its industrial or professional activities;
Amendment 350 #
2022/0269(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point n
Article 2 – paragraph 1 – point n
(n) ‘substantiated concern’ means a well-founded, yet not conclusive, reason, based on objective and verifiable information, for the competent authorities to suspect that products were likely made with forced labour;
Amendment 354 #
2022/0269(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point p
Article 2 – paragraph 1 – point p
(p) ‘products entering the Union market’ means products from third countries and Union Member States intended to be placed on the Union market or intended for private use or consumption within the customs territory of the Union and placed under the customs procedure ‘release for free circulation’;
Amendment 364 #
2022/0269(COD)
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
Economic operators shall not place or make available on the Union market products that are made, stored, transported, packaged or distributed with forced labour, nor shall they export such products.
Amendment 368 #
2022/0269(COD)
Proposal for a regulation
Article 3 – paragraph 1 a (new)
Article 3 – paragraph 1 a (new)
Amendment 371 #
2022/0269(COD)
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
Amendment 379 #
2022/0269(COD)
Proposal for a regulation
Article 4 – paragraph 2
Article 4 – paragraph 2
Amendment 386 #
2022/0269(COD)
Proposal for a regulation
Article 4 – paragraph 3
Article 4 – paragraph 3
Amendment 397 #
2022/0269(COD)
Proposal for a regulation
Article 4 – paragraph 4
Article 4 – paragraph 4
Amendment 408 #
2022/0269(COD)
Proposal for a regulation
Article 4 – paragraph 5
Article 4 – paragraph 5
Amendment 414 #
2022/0269(COD)
Proposal for a regulation
Article 4 – paragraph 6
Article 4 – paragraph 6
Amendment 425 #
2022/0269(COD)
Amendment 433 #
2022/0269(COD)
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
1. Competent authorities that, pursuant to Article 4(5), determine that there is a substantiated concern of a violation ofThe Commission and competent authorities shall decide to initiate investigations on their own accord or in response to complaints or information submitted in accordance with Article 10, and shall follow a risk based approach in assessing the likelihood of a violation of Article 3 on the basis of relevant information, including: a) the risk indicators and other information pursuant to Article 23, shall decide to initiate an investigation on the products and economic operators concernedpoints (b) and (c); b) the database referred to in Article 11; c) information and decisions encoded in the information and communication system referred to in Article 22(1), including any past cases of compliance or non-compliance of an economic operator with Article 3; d) information requested by the competent authority from other relevant authorities, where necessary, on whether the economic operators under assessment are subject to and carry out due diligence in relation to forced labour in accordance with applicable Union legislation or Member States legislation setting out due diligence and transparency requirements with respect to forced labour.
Amendment 439 #
2022/0269(COD)
Proposal for a regulation
Article 5 – paragraph 2 – introductory part
Article 5 – paragraph 2 – introductory part
2. CThe Commission or the competent authorities that initiate an investigation pursuant to paragraph 1 shall inform, when they have reason to believe that the economic operators subject to the investigation, has additional information which is material to the investigation, inform the economic operators within 3 working days from the date of the decision to initiate such investigation about the following:
Amendment 447 #
2022/0269(COD)
Proposal for a regulation
Article 5 – paragraph 2 – point d
Article 5 – paragraph 2 – point d
(d) the possibility for the economic operators to submit any other document or information to the Commission or the competent authority, and the date by which such information has to be submitted.
Amendment 450 #
2022/0269(COD)
Proposal for a regulation
Article 5 – paragraph 2 – point d a (new)
Article 5 – paragraph 2 – point d a (new)
Amendment 453 #
2022/0269(COD)
Proposal for a regulation
Article 5 – paragraph 3 – introductory part
Article 5 – paragraph 3 – introductory part
3. Where requested to do so by the Commission or competent authorities, economic operators under investigation shall submit to those competent authorities any information that is relevant and necessary for the investigation, including information identifying the products under investigation, the manufacturer or producer of those products and the product suppliers. In requesting such information, competent authorities shall to the extent possible:
Amendment 456 #
2022/0269(COD)
Proposal for a regulation
Article 5 – paragraph 3 – point a
Article 5 – paragraph 3 – point a
(a) prioritise the economic operators under investigation involved in the steps of the value chain as close as possible to where the likely risk of forced labour occurs andidentify the individual responsibilities, along the value chain, of different economic operators down to the level where forced labour is taking place and prioritise the economic operators under investigation involved in the steps of the value chain with the highest leverage to prevent, mitigate, remediate and bring to an end the use of forced labour in their operations and value chains.
Amendment 460 #
2022/0269(COD)
Proposal for a regulation
Article 5 – paragraph 3 – point b
Article 5 – paragraph 3 – point b
Amendment 467 #
2022/0269(COD)
Proposal for a regulation
Article 5 – paragraph 4
Article 5 – paragraph 4
4. Economic operators shall submit the information within 15 working days from the request referred to in paragraph 3 or make a justified request for an extension of up to 5 working days of that time limit.
Amendment 473 #
2022/0269(COD)
Proposal for a regulation
Article 5 – paragraph 5
Article 5 – paragraph 5
Amendment 478 #
2022/0269(COD)
Proposal for a regulation
Article 5 – paragraph 6
Article 5 – paragraph 6
6. CThe Commission and competent authorities may collect relevant information by consulting with stakeholders or by carrying out all necessary checks and inspections including investigations in third countries, provided that the economic operators concerned give their consent and that the government of the Member State or third country in which the inspections are to take place has been officially notified and raises no objection, within a limited timeframe.
Amendment 487 #
2022/0269(COD)
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
1. Competent authorities shall assess all information and evidence gathered pursuant to Articles 4 and 5 and, on that basis, establish whether there is reasonable but not conclusive evidence that Article 3 has been violated, within a reasonable period of time30 days from the date they initiated the investigation pursuant to Article 5(1).
Amendment 496 #
2022/0269(COD)
Proposal for a regulation
Article 6 – paragraph 2 a (new)
Article 6 – paragraph 2 a (new)
Amendment 500 #
2022/0269(COD)
Proposal for a regulation
Article 6 – paragraph 3
Article 6 – paragraph 3
3. Where competent authorities cannot establish that Article 3 has been violated, they shall take a decision to close the investigation and inform the economic operator thereof. This decision shall not preclude the right of competent authorities to start a new investigation on the same product where new information is made available.
Amendment 516 #
2022/0269(COD)
Proposal for a regulation
Article 6 – paragraph 4 – point c
Article 6 – paragraph 4 – point c
(c) an order for the economic operators that have been subject to the investigation to donate, recycle or dispose of the respective products in accordance with national law consistent with Union lawArticle 20.
Amendment 524 #
2022/0269(COD)
Proposal for a regulation
Article 6 – paragraph 4 a (new)
Article 6 – paragraph 4 a (new)
4a. Without prejudice to paragraph 4 (a), (b) and (c), competent authorities shall be empowered to issue an order for the economic operators to provide evidence of remediation measures in accordance with Article 2, according to their individual responsibilities referred to in Article 5(3). The remediation plan and its implementation strategy must be agreed upon between competent authorities and must involve meaningful consultation of affected workers and stakeholders. Evidence that remediation measures have been correctly implemented should be obtained in consultation of the affected workers and stakeholders.
Amendment 535 #
2022/0269(COD)
Proposal for a regulation
Article 6 – paragraph 5 – point c
Article 6 – paragraph 5 – point c
(c) that any product remaining with the economic operator concerned is donated, recycled or disposed of in accordance with national law consistent with Union law at the expense of the economic operatorArticle 20.
Amendment 541 #
2022/0269(COD)
Proposal for a regulation
Article 6 – paragraph 6
Article 6 – paragraph 6
6. Where the Commission or competent authorities establish that economic operators have provided evidence to the competent authorities that they have complied with the decision referred to in paragraph 4, and that they have eliminated forced labour from their operations or supply chain with respect to the products concerned, and that effective processes have been put in place to prevent harm from occurring again in the future and in cases of not state-imposed forced labour that they have provided remediation in accordance with paragraph 4 new, the competent authorities shall withdraw their decision for the future and inform the economic operators.
Amendment 556 #
2022/0269(COD)
Proposal for a regulation
Article 7 – paragraph 1 – point b
Article 7 – paragraph 1 – point b
(b) a reasonable time limit for the economic operators to comply with the order, which shall not be less than 30 working days and no longer than necessary90 days to withdraw the respective products. When setting such a time limit, the Commission or competent authority shall take into account, where relevant, the economic operator’s size and economic resourcesdue diligence activities and the likelihood that those will bring forced labour to an end within a reasonable period of time;
Amendment 564 #
2022/0269(COD)
Proposal for a regulation
Article 7 – paragraph 1 – point c
Article 7 – paragraph 1 – point c
(c) all relevant information and in particular the details allowing the identification of the product, to which the decision applies, including details about the manufacturer or producer, the producer, the production site and the product suppliers;
Amendment 570 #
2022/0269(COD)
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. CThe Commission and competent authorities shall provide economic operators affected by a decision adopted pursuant to Article 6(4) the possibility of requesting a review of that decision within 15 working days from the date of receipt of that decision. In case of perishable goods, animals and plants, that time limit shall be 5 working days. The request for review shall contain information which demonstrates that the products are placed or made available on the market or to be exported in compliance with Article 3.
Amendment 575 #
2022/0269(COD)
3. AThe Commission or a competent authority shall take a decision on the request for review within 15 working days from the date of receipt of the request. In case of perishable goods, animals and plants that time limit shall be 5 working days.
Amendment 584 #
2022/0269(COD)
Proposal for a regulation
Article 8 – paragraph 7 a (new)
Article 8 – paragraph 7 a (new)
7a. The Commission and competent authorities shall ensure that any decision made by competent authorities, including a failure to make a decision, or a decision not to investigate, may be reviewed as an administrative decision of a public body in accordance with the Member States legal framework.
Amendment 589 #
2022/0269(COD)
Proposal for a regulation
Article 9 – paragraph 1 – point a
Article 9 – paragraph 1 – point a
(a) any decision not to initiate an investigation following a preliminary phase of investigation,submission of information or a complaint, as referred to in Article 4(7)10;
Amendment 597 #
2022/0269(COD)
2. The Commission shall make available the decisions, and the withdrawals referred to in the paragraph 1, points (c), (d), (e) and (g) on a dedicated public website.
Amendment 601 #
2022/0269(COD)
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
1. Submissions of information by any natural or legal person or any association not having legal personality, to competent authorities on alleged violations of Article 3 shall contain information on the economic operators or products concerned and provide the reasons substantiating the allegationThe Commission shall establish a mechanism to receive complaints and information regarding alleged or suspected forced labour, taking place within or outside the EU, from any natural or legal person, including workers or others affected or potentially affected by forced labour, civil society organisations including trade unions, affected communities, and any other individual or group that may have information regarding products which are alleged or suspected to be made by forced labour.
Amendment 607 #
2022/0269(COD)
Proposal for a regulation
Article 10 – paragraph 1 a (new)
Article 10 – paragraph 1 a (new)
1a. Submissions of information and complaints on alleged violations of Article 3 shall contain information on the economic operators or products concerned and provide the reasons substantiating the allegation. Submissions may be addressed to the Commission or one or more competent authorities. The Commission shall receive a copy of submissions received by competent authorities.
Amendment 611 #
2022/0269(COD)
Proposal for a regulation
Article 10 – paragraph 1 b (new)
Article 10 – paragraph 1 b (new)
1b. Complaints may be lodged anonymously. The Commission and competent authorities shall ensure that the mechanism is designed so that victims or witnesses of forced labour may lodge complaints without fearing retaliation of any sort, without prejudice to Directive 2004/81/EC, Directive 2009/52/EC, Directive 2011/36/EU and Directive 2012/29/EU. These rights should not be made conditional on the affected workers’ residence status, or on their citizenship or nationality.
Amendment 612 #
2022/0269(COD)
Proposal for a regulation
Article 10 – paragraph 1 c (new)
Article 10 – paragraph 1 c (new)
1c. The Commission shall determine the rules and procedure to assign complaints to the competent authorities. These rules will take into account the specificities of the complaint, the domicile of the economic operator and the capacities of the competent authorities in concerned Member States. The Commission may retain the power to investigate.
Amendment 614 #
2022/0269(COD)
Proposal for a regulation
Article 10 – paragraph 2
Article 10 – paragraph 2
2. The competent authority shall, as soon as possible, inform the person or association referred to in paragraph 1 a of the outcome of the assessment of their submission or complaint as well as the decision referred to in Article 9 a.
Amendment 617 #
2022/0269(COD)
Proposal for a regulation
Article 10 – paragraph 3 a (new)
Article 10 – paragraph 3 a (new)
Amendment 622 #
2022/0269(COD)
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
1. The Commission shall call upon external expertise to provide an indicative, non-exhaustive, verifiable and regularly updated database of forced labour risks in specific geographic areas, sectors or with respect to specific products including with regard to forced labour imposed by state authorities. The database shall include a list of forced labour high risk areas and shall be based on the guidelines referred to in Article 23, points (a), (b) and (c), and relevant external sources of information from, amongst others, international organisations and third country authorities. Special attention will be paid to countries showing no or insignificant progress with respect to the elimination of forced child labour, the implementation of the 182 ILO Convention and other relevant conventions and protocols.
Amendment 637 #
2022/0269(COD)
Proposal for a regulation
Article 11 – paragraph 2
Article 11 – paragraph 2
2. The Commission shall ensure that the database is made easily accessible and publicly available by the external expertise at the latest 2418 months after the entry into force of this Regulation.
Amendment 656 #
2022/0269(COD)
Proposal for a regulation
Article 12 – paragraph 4
Article 12 – paragraph 4
4. The Commission shall make the mechanism referred to in Article 10 and the list of the designated competent authorities publicly available on its website and shall regularly update that list, based on the updates received from Member States.
Amendment 658 #
2022/0269(COD)
Proposal for a regulation
Article 12 – paragraph 5
Article 12 – paragraph 5
5. Member States shall ensure that the designated competent authorities exercise their powers impartially, transparently and with due respect for obligations of professional secrecy. Member States shall ensure that their competent authorities have the necessary powers, expertise and resources to carry out the investigations, including sufficient budgetary and other resources and coordinate closely with the national labour inspections and judicial and law enforcement authorities, including those responsible for the fight against trafficking in human beings.
Amendment 665 #
2022/0269(COD)
Proposal for a regulation
Article 14 – paragraph 1
Article 14 – paragraph 1
1. Decisions taken by the Commission or a competent authority in one Member State shall be recognised and enforced by competent authorities in the other Member States in so far as they relate to products with the same identification and from the same supply chain for which forced labour has been found.
Amendment 670 #
2022/0269(COD)
Proposal for a regulation
Article 14 – paragraph 2
Article 14 – paragraph 2
2. A competent authority that has received, through the information and communication system referred to in Article 22(1), a request from the Commission or a competent authority of another Member State for information to verify any evidence provided by an economic operator shall provide that information within 15 working days from the date of receipt of the request.
Amendment 673 #
2022/0269(COD)
Proposal for a regulation
Article 14 – paragraph 4
Article 14 – paragraph 4
4. Before initiating an investigation in accordance with Article 5, a competent authoritythe mechanism referred to in Article 10 shall verify in the information and communication system referred to in Article 22(1) whether there is a lead authority referred to in paragraph 3 investigating the same product and economic operator.
Amendment 684 #
2022/0269(COD)
Proposal for a regulation
Article 16 – paragraph 2
Article 16 – paragraph 2
2. Customs authorities shall be provided with information identifying the product, information about the manufacturer, transporter, distributor, packaging or storage company or the producer and information about the product suppliers as regards products entering or leaving the Union market that have been identified by the Commission pursuant to paragraph 1, unless the provision of such information is already required pursuant to customs legislation referred to in Article 5(2) of Regulation (EU) No 952/2013.
Amendment 687 #
2022/0269(COD)
Proposal for a regulation
Article 17 – paragraph 1
Article 17 – paragraph 1
Where customs authorities identify a product entering or leaving the Union market that may, in accordance with a decision received pursuant to Article 15(3), be in violation of Article 3, they shall suspend the release for free circulation or the export of that product. Customs authorities shall immediately notify the relevant competent authorities of the suspension and transmit all relevant information to enable them to establish whether the product is covered by a decision communicated pursuant to Article 15(3).
Amendment 690 #
2022/0269(COD)
Proposal for a regulation
Article 18 – paragraph 1 – introductory part
Article 18 – paragraph 1 – introductory part
1. Where the release for free circulation or the export of a product has been suspended in accordance with Article 17, the product shall be released for free circulation or exported where all the other requirements and formalities relating to such a release or export have been fulfilled and where either of the following conditions is satisfied:within 4 working days of the suspension, the competent authorities informed the customs authorities of their approval for release for free circulation or export pursuant to this Regulation. In case of perishable products, animals and plants that time limit shall be 2 working days.
Amendment 691 #
2022/0269(COD)
Proposal for a regulation
Article 18 – paragraph 1 – point a
Article 18 – paragraph 1 – point a
Amendment 695 #
2022/0269(COD)
Proposal for a regulation
Article 18 – paragraph 1 – point b
Article 18 – paragraph 1 – point b
Amendment 698 #
2022/0269(COD)
Proposal for a regulation
Article 19 – paragraph 1
Article 19 – paragraph 1
1. Where the competent authorities conclude that a product that has been notified to them in accordance with Article 17 is a product made with forced labour pursuant to a decision referred to in Article 6(2) and (4), they shall require customs authorities not to release it for free circulation nor to allow its export.
Amendment 709 #
2022/0269(COD)
Proposal for a regulation
Article 20 – paragraph 1
Article 20 – paragraph 1
Where the release for free circulation or export of a product has been refused in accordance with Article 19, customs authorities shall take the necessary measures to ensure that the product concerned is donated to public interest purposes or recycled or if that is not possible the products should be disposed of in accordance with national law consistent with Union law. Articles 197 and 198 of Regulation (EU) No 952/2013 shall apply accordingly.
Amendment 714 #
2022/0269(COD)
Proposal for a regulation
Article 21 – paragraph 1
Article 21 – paragraph 1
1. To enable a risk-based approach for products entering or leaving the Union market and to ensure that controls are effective and performed in accordance with the requirements of this Regulation, the Commission, competent authorities and customs authorities shall cooperate closely and exchange risk-related information.
Amendment 719 #
2022/0269(COD)
Proposal for a regulation
Article 21 – paragraph 2 – introductory part
Article 21 – paragraph 2 – introductory part
2. Cooperation among the Commission, the mechanism referred to in Article 10 and other relevant authorities and exchange of risk information necessary for the fulfilment of their respective functions under this Regulation, including through electronic means, shall take place between the following authorities:
Amendment 731 #
2022/0269(COD)
Proposal for a regulation
Article 23 – paragraph 1 – introductory part
Article 23 – paragraph 1 – introductory part
The Commission shall issue guidelines no later than 182 months after the entry into force of this Regulation, which shall include the following:
Amendment 736 #
2022/0269(COD)
Proposal for a regulation
Article 23 – paragraph 1 – point a
Article 23 – paragraph 1 – point a
(a) guidance on due diligence in relation to forced labour, including forced child labour, which shall take into account applicable Union legislation setting out due diligence requirements with respect to forced labour, guidelines and recommendations from international organisations, CSOs and existing collaborative multistakeholders initiatives as well as the size and economic resources of economic operators;
Amendment 742 #
2022/0269(COD)
Proposal for a regulation
Article 23 – paragraph 1 – point b
Article 23 – paragraph 1 – point b
(b) information on risk indicators of forced labour, which shall be based on independent and verifiable information, including reports from international organisations, in particular the International Labour Organization, including the ‘Hard to See, Harder to Count’ guidelines, civil society, business organisations, and experience from implementing Union legislation setting out due diligence requirements with respect to forced labour;
Amendment 762 #
2022/0269(COD)
Proposal for a regulation
Article 24 – paragraph 1
Article 24 – paragraph 1
1. A Union Network Against Forced Labour Products (‘the Network’) is established by the Commission. The Network shall serve as a platform for structured coordination and cooperation between the competent authorities of the Member States and the Commission, and to streamline the practices of enforcement of this Regulation within the Union, thereby making enforcement more effective and coherent.
Amendment 765 #
2022/0269(COD)
Proposal for a regulation
Article 24 – paragraph 2
Article 24 – paragraph 2
2. The Network shall be led by the Commission and composed of representatives from each Member States’ competent authority, representatives from the Commission, the European Labour Authority, the Fundamental Rights Agency and, where appropriate, experts from the customs authorities.
Amendment 768 #
2022/0269(COD)
Proposal for a regulation
Article 24 – paragraph 3 – point b
Article 24 – paragraph 3 – point b
(b) conduct joint investigations, mandate research or monitor situation of wide-spread and systemic forced labour including as to expand database of risk of forced labour;
Amendment 778 #
2022/0269(COD)
Proposal for a regulation
Article 24 – paragraph 3 – point f a (new)
Article 24 – paragraph 3 – point f a (new)
(fa) promote collaboration and exchange with relevant existing multi- stakeholders’ collaborative initiatives;
Amendment 782 #
2022/0269(COD)
Proposal for a regulation
Article 24 – paragraph 3 a (new)
Article 24 – paragraph 3 a (new)
3a. The Network may invite experts and stakeholders, including social partners and other workers’ representatives as well as civil society representatives to attend meetings of the Network or to provide written contributions or trainings for the Network.
Amendment 786 #
2022/0269(COD)
Proposal for a regulation
Article 24 – paragraph 4
Article 24 – paragraph 4
4. The Commission shall support and encouraglead and facilitate cooperation between enforcement authorities through the Network and participate in the meetings of the Network.
Amendment 788 #
2022/0269(COD)
Proposal for a regulation
Article 24 – paragraph 4 a (new)
Article 24 – paragraph 4 a (new)
4a. The Commission shall provide the Network with the financial and human resources to carry out its missions.
Amendment 793 #
2022/0269(COD)
Proposal for a regulation
Article 25 – paragraph 2
Article 25 – paragraph 2
2. Where requested, tThe Commission, Member States and competent authorities shall treat the identity of those who provide information, or the information provided, as confidential. A request for confidentiality shall be accompanied by a non-confidential summary of the information supplied or by a statement of the reasons why the information cannot be summarised in a non-confidential manner.
Amendment 794 #
2022/0269(COD)
Proposal for a regulation
Article 26 – title
Article 26 – title
International Cooperation and Accompanying Measures
Amendment 798 #
2022/0269(COD)
Proposal for a regulation
Article 26 – paragraph 1
Article 26 – paragraph 1
1. In order to facilitate effective implementation and enforcement of this Regulation, the Commission mayshall as appropriate cooperate, engage and exchange information with, amongst others, authorities of third countries, international organisations, and civil society representatives andincluding business organisations, trade unions, workers organisations, NGOs and networks of affected stakeholders. International cooperation with authorities of third countries shall take place in a structured way as part of the existing dialogue structures with third countries or, if necessary, specific ones that will be created on an ad hoc basis.
Amendment 805 #
2022/0269(COD)
Proposal for a regulation
Article 26 – paragraph 2
Article 26 – paragraph 2
2. For the purposes of paragraph 1, cooperation with, amongst others, international organisations, civil society representatives, business organisations and competent authorities of third countries mayshall result in the Union developing accompanying measures to support the efforts of companies and partner countries efforts and locally available capacities in tackling forced labour.
Amendment 807 #
2022/0269(COD)
Proposal for a regulation
Article 26 – paragraph 2 a (new)
Article 26 – paragraph 2 a (new)
2a. The Commission and Member States shall develop cooperation and partnership mechanisms with third countries to address the root causes of forced labour, and build the capacity of upstream economic actors to respond to the requirements under this Regulation.
Amendment 808 #
2022/0269(COD)
Proposal for a regulation
Article 26 – paragraph 2 b (new)
Article 26 – paragraph 2 b (new)
2b. The Commission and competent authorities shall cooperate with relevant authorities of third countries to carry out investigations, as well as coordinate when it is relevant with investigations made by other countries and align with decisions made by other international entities. Member States’ competent authorities and the Commission shall actively exchange knowledge and intelligence with third country governments.
Amendment 809 #
2022/0269(COD)
Proposal for a regulation
Article 26 – paragraph 2 c (new)
Article 26 – paragraph 2 c (new)
Amendment 815 #
2022/0269(COD)
Proposal for a regulation
Article 30 – paragraph 1
Article 30 – paragraph 1
1. The Member StatesCommission shall lay down the rules on penalties applicable to non- compliance with a decision referred to in Article 6(4) and shall take all measures necessary to ensure that they are implemented in accordance with national law.
Amendment 817 #
2022/0269(COD)
Proposal for a regulation
Article 30 – paragraph 2
Article 30 – paragraph 2
2. The penalties provided for shall be effective, proportionate and dissuasivetake the form of pecuniary fines and shall be effective, proportionate and dissuasive. The maximum limit of pecuniary sanctions shall be not less than 5% of the total worldwide turnover of the undertaking in the business year preceding the fining decision. The collected sum shall be used for the compensation fund referred to in paragraph 2b.
Amendment 818 #
2022/0269(COD)
Proposal for a regulation
Article 30 – paragraph 2 a (new)
Article 30 – paragraph 2 a (new)
2a. If an operator circumvents or attempts to circumvent a ban or sanction imposed in accordance with this Regulation, or when they refuse to cooperate with the customs or competent authorities, the competent authority shall be empowered to impose additional proportionate and dissuasive penalties, such as pecuniary fines.
Amendment 825 #
2022/0269(COD)
Proposal for a regulation
Article 30 a (new)
Article 30 a (new)
Article30a Review and annual reporting 1. No later than three years after the entry into force of this Regulation, the Commission shall carry out a first review with particular attention to the effectiveness of the instrument, proposing additional measures where deemed appropriate. 2. No later than one year after the entry into force of this Regulation, the Commission shall present annually a report to the European Parliament and the Council on the implementation of this Regulation.
Amendment 1 #
2022/0212(BUD)
Motion for a resolution
Citation 6
Citation 6
— having regard to the Interinstitutional Agreement of 16 December 2020 between the European Parliament, the Council and the Commission on budgetary discipline, on cooperation in budgetary matters and on sound financial management, including the climate, biodiversity and gender-related provisions, as well as on new own resources, including a roadmap towards the introduction of new own resources5 , _________________ 5 OJ L 433 I, 22.12.2020, p. 28.
Amendment 2 #
2022/0212(BUD)
Motion for a resolution
Citation 6 a (new)
Citation 6 a (new)
— having regard to Regulation (EU) 2021/1119 establishing the framework for achieving climate neutrality and amending Regulation (EU) 2018/1999 (European Climate Law),
Amendment 3 #
2022/0212(BUD)
Motion for a resolution
Citation 6 b (new)
Citation 6 b (new)
— having regard to its resolution of 17 May 2022 on the social and economic consequences for the EU of the Russian war in Ukraine – reinforcing the EU’s capacity to act(2022/2653(RSP))
Amendment 4 #
2022/0212(BUD)
Draft opinion
Paragraph 1
Paragraph 1
1. Recalls the economic, social and environmental aspects of fisheries, aquaculture and maritime affairs; stresses their vital role in ensuring global food safety and resilience of food systems, but also in boosting the development of the sustainable blue economy and their contribution to developing and revitalising coastal areas; Takes the view that maintaining the competitive position of the fisheries and aquaculture sectors must go hand in hand with achieving social, environmental and economic objectives set out in the CFP as well as in the European Green Deal and subsequent strategies;
Amendment 4 #
2022/0212(BUD)
Motion for a resolution
Citation 6 c (new)
Citation 6 c (new)
— having regard to the Communication from the Commission of 11 December 2019, on “The European Green Deal” (COM(2019)0640),
Amendment 5 #
2022/0212(BUD)
Motion for a resolution
Citation 6 d (new)
Citation 6 d (new)
Amendment 6 #
2022/0212(BUD)
Motion for a resolution
Citation 6 e (new)
Citation 6 e (new)
— having regard to the Agreement adopted at the 21st Conference of the Parties to the UNFCCC (COP21) in Paris on 12 December 2015 (the Paris Agreement),
Amendment 7 #
2022/0212(BUD)
Draft opinion
Paragraph 3
Paragraph 3
3. Stresses that Russia’s military aggression has led to significant disruptions in trade flows and an increase in energy prices requiring the use of European Maritime, Fisheries and Aquaculture Fund (EMFAF) crisis measures; calls on the Commission to further increase such efforts with the aim of compensating the sharp increase of fuel prices and other additional costs, which since March 2022 have doubled compared to the average price in 2021; welcomes the amending of the EMFF regulation1 aiming at alleviating the consequences of the war on the sector and on the markets; calls on Member States to fully and swiftly utilise the support provided; _________________ 1 COM(2022)179 final
Amendment 7 #
2022/0212(BUD)
Motion for a resolution
Citation 6 f (new)
Citation 6 f (new)
— having regard to the Global Assessment Report on Biodiversity and Ecosystem Services by the United Nations' Intergovernmental Science-Policy Platform on Biodiversity and Ecosystem Services,
Amendment 8 #
2022/0212(BUD)
— having regard to the special report of the European Court of Auditors “Sustainable finance. More consistent EU action needed to redirect finance towards sustainable investment“, 2021,
Amendment 9 #
2022/0212(BUD)
Motion for a resolution
Citation 6 h (new)
Citation 6 h (new)
— having regard to the special report of the European Court of Auditors Special Report 09/2022: Climate spending in the 2014-2020 EU budget - Not as high as reported, May 2022,
Amendment 10 #
2022/0212(BUD)
Motion for a resolution
Citation 6 i (new)
Citation 6 i (new)
— having regard to special report 10/2021 of the European Court of Auditors “Gender mainstreaming in the EU budget: time to turn words into action“,
Amendment 11 #
2022/0212(BUD)
Motion for a resolution
Citation 6 j (new)
Citation 6 j (new)
— having regard to the UN Sustainable Development Goals,
Amendment 17 #
2022/0212(BUD)
Draft opinion
Paragraph 4
Paragraph 4
4. Invites the Commission to expedite a strategy increasing the global share of sustainable EU aquaculture production which contributes to food supply and food security, especially against the backdrop of the Ukrainian crisis; calls on the Commission to make full use of the available financing resources of the European Maritime Fisheries and Aquaculture Fund (EMFAF), as this is the funding instrument specifically dedicated to the objectives of EU fisheries and aquaculture management; urges Member States to earmark sufficient funding under the Recovery and Resilience Facility to support the innovation, sustainability and resilience of EU aquaculture sector;
Amendment 22 #
2022/0212(BUD)
Draft opinion
Paragraph 9
Paragraph 9
9. Draws attention to the potential of sustainable European aquaculture, including in terms of food security and health benefits in the context of the Ukraine crisis; calls on the Commission to foster the sustainable growthdevelopment of this sector above the actual 2% of global aquaculture production with specific, acceptable and shared targets for 2030;
Amendment 23 #
2022/0212(BUD)
Draft opinion
Paragraph 9
Paragraph 9
9. Draws attention to the potential of sustainable European aquaculture, including in terms of food security and health benefits in the context of the Ukraine crisis; calls on the Commission to foster the sustainable growth of this sector above the actual 2% of global aquaculture production with specific, acceptable and shared targets for 2030;
Amendment 24 #
2022/0212(BUD)
Draft opinion
Paragraph 10
Paragraph 10
10. Insists on the necessity to improve scientific and technical knowledge to ensure the most reliable research-based solutions; reiterates the importance of ensuring sufficient financial resources for the collection, management, analysis, use and exchange of data in the fisheries sector by Member States' and European scientific entities;
Amendment 24 #
2022/0212(BUD)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Stresses that the Union and the EU citizens faces an extraordinarily complex set of challenges, including the direct and indirect repercussions of the war in Ukraine, high inflation, high energy prices and security of supply risks, and a worsening economic outlook, in particular for small and medium enterprises (SMEs), the need to secure the recovery from the pandemic, crises in many other parts of the world, technological change, including increasing digitalisation, as well as climate change and its consequences; considers thatthe growing urgency to tackle climate change and the biodiversity crisis in the view of the latest IPCC reports and its consequences and the need to accelerate the just transition; considers that it is the role of the Union budget shouldto strongly contribute to tackling those challenges, while expressing heavily impacting the EU citizens in particular in the response to climate change and fighting biodiversity loss and degradation, in line with the political commitments taken in the context of the Green Deal, and ensure the much needed solidarity across the Union with all and in particular with the most vulnerable groups; stresses that the 2023 Union budget should ensure that adequate support is provided to the most vulnerable citizens and business that are most effected by the energy crisis and its social and economic consequences, including via dedicated energy efficiency and renewable deployment measures; expresses concern at the exceptionally limited margins, which are about one third of last year’s, or, in the case of Heading 6, the absolute lack of margin, and the limited flexibility and crisis response ability built into the budget; deplores the fact that the draft budget is an largely insufficient response to the current challenges; recalls that the multiannual financial framework (MFF) was not established to address a pandemic, a war with all its human, social and economic consequences inside the EU and at our borders, high inflation, high energy prices, high numbers of refugees, new accessions, food insecurity, and a humanitarian crisis nor for the needed funds for the private and public investment gap to cater for the green transition in the next decade as estimated by the Commission as well as for the much needed investments in the sustainable clean energy transition and energy efficiency;
Amendment 32 #
2022/0212(BUD)
Draft opinion
Paragraph 12 a (new)
Paragraph 12 a (new)
12 a. Stresses the importance of allocating more resources for mitigating climate change, its negative impacts, and preventing further biodiversity loss. Climate change has severe impacts on oceans and fisheries, hence the need for adequate funding for the protection and restoration of marine ecosystems that act as carbon sinks and biodiversity hotspots;
Amendment 32 #
2022/0212(BUD)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Regrets and fails to understand the Council’s position on the DB, which cuts EUR 1,64 billion in commitment appropriations and EUR 530 million in payment appropriations for the MFF headings compared to the Commission’s proposal; considers that the cuts proposed by the Council are not driven by an objective assessment of either implementation trends or absorption capacities and run counter to core shared policy priorities, neither the reality of the current above mentioned challenges faced by the Union and its citizens including war in Ukraine, Covid-19 pandemics of climate change and biodiversity crisis and run counter to core shared policy priorities putting at risk the ability of the Union to successfully implement its key political objectives and priorities including the European Green Deal and decarbonisation of the EU's economy by 2050 the latest and the just transition or meeting its international obligations such as those stemming from the Paris Agreement; considers that the Council should not target programmes that benefit from the adjustment provided for in Article 5 of the MFF regulation for “rebalancing and stabilisation”, since that would contradict the objective of that MFF provision, which was to strengthen specific political priorities; recalls in particular that Article 5 of the MFF regulation does not provide “top ups”, as suggested by the Council; concludes that the Council’s position is far from Parliament’s expectations; decides therefore, as a general rule, to restore appropriations on lines cut by the Council to the level of the DB, for both operational and administrative expenditure, and to take the DB as the starting point for Parliament’s position;
Amendment 35 #
2022/0212(BUD)
Draft opinion
Paragraph 13
Paragraph 13
13. Stresses the importance of control in securing the objectives of the CFP;s in this regard, the increase in funding (0,8%) allocated to the European Fisheries Control Agency (EFCA) is not even enough to match the inflation rate of the EU; hence considers that the increase is largely insufficient to ensure a level playing field, monitoring and control, and a credible combat against IUU fishing; underlines EFCA’s role ensuring a level playing field for and within the EU fleet, especially in discouraging and repressing IUU fishing in European waters but also at a global level, requires a more ambitious funding in the long term, if the objectives of the CFP are to be achieved;
Amendment 38 #
2022/0212(BUD)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Recalls its long-standing position that new policy priorities or tasks should be accompanied by fresh resources; intends to follow that approach for the Chips Act and the proposal for a Union Secure Connectivity Programme; welcomes and expects to see the same for the priorities announced in the State of the Union speech when the Commission presents its Amending letter; welcomes in that sense the fact that the Commission proposal establishing the European defence industry reinforcement through common procurement act does not entail redeployments from, or earmarking within, other programmes;
Amendment 41 #
2022/0212(BUD)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Considers that the Union budget, on account of its size, structure and rules, has a very limited capacity to respond appropriately in 2023 to the challenges facing the Union or to adequately finance new shared Union policy ambitions or initiatives announced in the Commission’s President’s 2022 State of the Union address; recalls in particular that the Heads of State or Government have described the Russian war of aggression against Ukraine as a ‘tectonic shift in European history’ and that the Commission has stated that the ‘unforeseen needs created by war in Europe are well beyond the means available in the current multiannual financial framework’, necessitating new financing sources; is of the view that this is a further demonstration of the urgent need to revise the MFF, including to make it more flexible, raise the ceilings where necessary to reflect emerging needs and new priorities and to address the problems generated by including the European Union Recovery Instrument (EURI) financing costs in Heading 2b and reiterates its position, as defended in the 2021-2027 MFF negotiations, that the NGEU interest costs and repayments should be counted over and above the MFF ceilings;
Amendment 47 #
2022/0212(BUD)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6 a. Strongly believes that for the critical situation of the current MFF as well as the urgent need for more financing sources it is indispensable to further accelerate the work on the proposal as well as raise the ambition for the Next generation of EU own resources; reiterates its call on the Council to speed up the work on the first basket and find the agreement during the Czech Presidency; given the current situation, calls on the Commission to present the proposal for the second basket on the own resources no later than by the mid 2023.
Amendment 49 #
2022/0212(BUD)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Stresses the need to respond to the consequences of Russia’s war of aggression against Ukraine and the COVID-19 pandemic at Union level; highlights that accelerating the implementation of the European Green Deal will reduce both the Union dependency from third countries as well as allowing us to achieve our climate and energy targets; recalls that cohesion and agriculture policy cannot be the main source of the financing of urgent priorities, jeopardising the implementation of long- term objectives; calls, on the Commission, in light of limited resources from the Union budget to respond to high energy prices, to analyse potential flexibilities in orderor finding additional resources in order to support SMEs and vulnerable households and SMEs including by strengthening their energy efficiency and energy independence;
Amendment 53 #
2022/0212(BUD)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7 a. Reiterates its call for the phase-out of harmful subsidies and for coherence between all EU funds and programmes; Insists that projects and programmes which are inconsistent with the objective of limiting global warming to under 1.5°C, or with the objective of halting and reversing biodiversity loss, should not be eligible for support under the EU budget in line with the do no significant harm; recalls that the 8th Environment Action Programme lays down the enabling condition of phasing out of environmentally harmful subsidies, including through setting a deadline for the phasing out of fossil fuel subsidies consistent with the ambition of limiting global warming to 1,5°C as well as a binding Union framework to monitor and report on Member States’ progress towards phasing out fossil fuel subsidies, based on an agreed methodology;
Amendment 57 #
2022/0212(BUD)
Motion for a resolution
Paragraph 7 b (new)
Paragraph 7 b (new)
Amendment 58 #
2022/0212(BUD)
Motion for a resolution
Paragraph 7 c (new)
Paragraph 7 c (new)
7 c. Highlights the need to ensure that the do-no-significant-harm principle is mainstreamed in all Union activities through the budgetary implementation as agreed in the IIA and welcomes the Commission proposal for amending the Financial Regulation to include DNSH in the regulation in line with the Union’s commitment to sustainable financing and the green transition; calls on the Commission to monitor the proper implementation of the DNSH and to take immediate corrective measures if and when needed;
Amendment 59 #
2022/0212(BUD)
Motion for a resolution
Paragraph 7 d (new)
Paragraph 7 d (new)
7 d. Welcomes the gender-budgeting classification undertaken by the Commission and calls on the Commission to focus on ensuring that an effective methodology for gender focuses on an accurate and comprehensive representation of the impact of programmes on gender equality and to achieve ensuring that we get the best gender equality impact from programs in the course of their implementation that are currently categorized as zero(star) and to take lessons learned for the design of programs, if possible in the context of the upcoming MFF revision; expects all gender relevant reporting to be done based on volumes and not number of actions;
Amendment 60 #
2022/0212(BUD)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Underlines the significant contribution of Heading 1 to addressing the consequences of the war in Ukraine as well as to reaching the European Union climate and energy targets, inter alia to reduce Union dependence on fossil fuels, including from Russia, by supporting research and investment in sustainable energy and transport sectors; reiterates the potential of the programmes of this heading in anchoring Ukraine in the Single Market, infrastructure network and research area;
Amendment 67 #
2022/0212(BUD)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Recalls that the Connecting Europe Facility (CEF) is key to spurring investment in the development of high performance and sustainable trans- European networks; stresses that CEF plays a crucial role in decarbonising the Union economy by supporting alternative fuel infrastructure and renewable energy, thereby accelerating the green transition and increasing the Union’s energy independence from fossil fuels, and promotes interconnectivity across the Union territory, including with the Iberian peninsula; demands that all energy and infrastructure investments be in line with the Energy Efficiency First Principle and resilient to adverse climate change impacts and as well as the objective of limiting global warming to under 1.5°C; calls for the integration of GHG emissions in the mandatory cost-benefit analysis over the lifecycle of the project against the most likely baseline and the explicit consideration of related additional investments and lock-in effects to avoid stranded assets; underlines that Russia's unprecedented and unprovoked military attack against Ukraine calls for urgent support to transport infrastructure in and towards Ukraine (“solidarity lanes”), to enable the transport of critical goods in both directions; proposes, therefore, to increase the funding of the Transport and Energy strands of CEF by a total amount of EUR 90 million in commitment appropriations above the level of the DB;
Amendment 80 #
2022/0212(BUD)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Underlines the pivotal role of cohesion policy as an essential Union investment policy and convergence instrument; anticipates that, after a delayed start to the programming process in the first two years of the 2021-2027 MFF, implementation will gather pace in 2022; calls on the Member States to accelerate the process of programming in order to allow 2023 to be the start of the implementation of the cohesion funds, that will help to address regional and social inequalities, boost our economy; help the public and private sectors, SMEs, and citizens during these difficult times;
Amendment 87 #
2022/0212(BUD)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Reiterates that, despite Parliament’s demands to place the EURI over and above the ceilings, the refinancing costs are paid from within Heading 2b; notes that, in a context of rising interest rates, the line dedicated to the EURI financing costs is likely to be needed in full and needs may well exceed the budgeted amount and the margin available in the heading; deplores the fact that this has a de facto impact on programmes under the same heading by constraining the Commission’s ability to propose above-financial programming reinforcements where they are needed; notes that EURI financing costs should not be taken from special instruments, which are intended to tackle unforeseen challenges, such as the consequences of the war in Ukraine and the energy crisis; calls for the MFF revision to move EURI financing costs above the ceilings;
Amendment 92 #
2022/0212(BUD)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Stresses that the Covid-19 pandemic is not yet over and emphasises the need to maintain support for health systems to improve their resilience and bolster preparedness through the EU4Health programme; underlines, further, the key role that the programme plays in supporting the Beating Cancer Plan, the Pharmaceutical Strategy for Europe and the newly created Health and Emergency Preparedness and Response Authority; reiterates the need to reinforce budgetary allocations under the EU4health programme to support actions ensuring the gender aspect of health, including Sexual and Reproductive Health, an integral part of health care that must be placed at the heart of health policy to ensure universal access, as well as quality of services, especially considering the backlash against women’s rights and access to safe and legal abortion in several Member States, as well as the types of care and medicine that are essential to voluntary family planning and maternal and newborn health, and for research and treatment of gender-specific conditions such as fibroids, premenstrual syndrome and endometriosis with an intersectional perspective, in particular regarding diagnosis and treatment of black and minority ethnic women; reverses, therefore, the disproportionate and unjustified cut proposed by Council and reinforces the programme by EUR 25 million above the DB;
Amendment 94 #
2022/0212(BUD)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Highlights the increasingly numerous and severe natural disasters in Europe, as evidenced most recently by the record wild fires in the summer of 2022; regrets that, owing to climate change, such emergencies are likely to intensify and multiplyxtreme weather events resulting often in emergencies are going to intensify and multiply; stresses the importance to increase resources the Union Civil Protection Mechanism to enhance the protection of EU citizens and underlines the need to invest in climate mitigation and adaptation for particularly vulnerable regions; decides, therefore and in line with the Commission President’s pledge in her 2022 State of the Union address, to reinforce the Union Civil Protection Mechanism by EUR 20 million to enhance the Union’s response capacity;
Amendment 99 #
2022/0212(BUD)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Stresses the crucial role of the Citizens, Equality, Rights and Values Programme in strengthening European citizenship and democracy, equality and gender equality and the rule of law in the Union, and in supporting victims of gender-based violence; reverses, therefore, the Council’s cuts to the programme; decides, further, to increase the Daphne strand by EUR 2 million above the DB to tackle gender-based violence, which has worsened since theespecially with regards to the measurable increase in cases of violence against women since the outbreak of the Covid-19 pandemic, and the ‘citizens’ engagement and participation’ strand by EUR 1.5 million above the DB, in particular to ensure proper follow-up to the Conference on the Future of Europe;
Amendment 110 #
2022/0212(BUD)
Motion for a resolution
Paragraph 28
Paragraph 28
28. Reiterates the importance of the LIFE programme in supporting climate action and environmental protection and its key role in designing exemplary intervention and catalysing measures towards climate mitigation and climate adaptation as well as towards halting biodiversity loss; calls for the level of budgetary support for LIFE to be increased across the various programme strands; highlights that any annual reinforcement for the LIFE programme will imply progress towards the mainstreaming targets and ambitions in the areas of climate and biodiversity; considers the present circumstances to justify a particular emphasis on the article covering the Clean Energy Transition;
Amendment 122 #
2022/0212(BUD)
Motion for a resolution
Paragraph 34
Paragraph 34
34. Recalls that, in 2022, it was also necessary to provide top-up funding to the Border Management and Visa Instrument (BMVI) to enable additional support to be provided to frontline Member States in the context of the war; regrets, further,notes that the Commission has repeatedly proposed to erode the agreed financial envelope for the BMVI so as to find resources for justice and home affairs agencies with expanded mandates, including Europol in the DB; decides, on the basis of the above considerations, to increase the BMVI by EUR 25 million above the DB in 2023;
Amendment 124 #
2022/0212(BUD)
Motion for a resolution
Paragraph 36
Paragraph 36
36. Highlights the need for a further increase in commitment appropriations and staff for eu-LISA in line with the agency’s identified needs, thus enabling it to continue implementing a number of critical Union projects for internal security and border management in 2023tasks in accordance with its mandate;
Amendment 129 #
2022/0212(BUD)
Motion for a resolution
Paragraph 39
Paragraph 39
39. Underlines the importance of enhancing European cooperation in defence matters taking into account the Russian war of aggression in Ukraine and the highly unstable international environment; considers that such cooperation not only makes Europe and its citizens safer but also leads to greater efficiency and potential savings; calls in that connection for increased funding for the capability development strand of the European Defence Fund in order todeplores the historic lows in collaborative defence investment which are 11% (2020) and 8% (2021), and which are far away from the 35% objective the Member States agreed to; calls in that connection for a new approach that would pool parts of national defence budgets at EU level and would guarantee increased funding for capability development and foster an innovative and competitive defence industrial base that will contribute to the strategic autonomy of the Union;
Amendment 134 #
2022/0212(BUD)
Motion for a resolution
Paragraph 40
Paragraph 40
40. Proposes also to increaseassess the efficiency of EU budget funding for military mobility with the aim of helping Member States act faster and more effectively; notes that sufficient funding is needed to support missions and operations under the common security and defence policy, including by measures such as funding dual-use transport infrastructure and simplifying diplomatic clearances and customs rules; notes that military mobility could also be boosted by the urgent accession to the Schengen Area of Romania, Bulgaria and Croatia; recalls that the failure to resolve that matter has a detrimental economic and geostrategic impact;
Amendment 137 #
2022/0212(BUD)
Motion for a resolution
Paragraph 42
Paragraph 42
42. Notes with deep concern that the Russian aggression against Ukraine and its worldwide effects have dramatically increased humanitarian assistance needs, which were already under pressure because of funding gaps and the multiplication of crises in the world; asks to significantly increase humanitarian aid to address the unprecedented gap between needs and available resources; deplores the fact that Heading 6 has no margin and is therefore not fit for the current situation or for tackling possible new emergencies ; regrets that the DB is not able to at least sustain the current level of response while humanitarian needs and emergencies are steeply increasing around the globe, notably worsening food insecurity on account of the impact of the Russian war of aggression against Ukraine, intensifying impacts of Climate change and increasingly severe climate-induced disasters and newly emerging conflicts; recallsis deeply concerned that, even with the increases proposed by Parliament, there would be insufficient resources to address the humanitarian aid needs in 2023;
Amendment 140 #
2022/0212(BUD)
Motion for a resolution
Paragraph 43
Paragraph 43
43. Calls for continued and substantial support for the Eastern Neighbourhood, especially for countries helping refugees that are fleeing Ukraine and facing inflation and high energy and food prices; considers it necessary to support political, economic and social reforms and civil society actors, in particular human rights and democracy activists, civil society organisations defending women’s rights and the rights of the LGBTIQ+ community or providing assistance to persecuted persons and political prisoners, together with Ukrainian and Moldovan organisations which have been forced to restructure their activities as a result of Russia’s war of aggression, organisations contributing to the fight against corruption, and independent media which help expose disinformation and propaganda;
Amendment 156 #
2022/0212(BUD)
Motion for a resolution
Paragraph 51 a (new)
Paragraph 51 a (new)
51 a. Emphasize the negative impact of the inflation, rising energy prices and the economic situation on civil society organisations funded by the EU and their possible abilities to deliver their projects; is of the opinion that the Commission should consider temporally measures such as for example diminishing co- funding rates across relevant programmes and others and look into adjusting unit costs for travel allowances for already contacted activities1a; _________________ 1a Commission Decision C (2021) 35 on “authorising the use of unit costs for travel, accommodation and subsistence costs under an action or work programme under the 2021-2027 multiannual financial framework”
Amendment 60 #
2022/0167(COD)
Proposal for a directive
Recital 2
Recital 2
(2) The main motive for cross-border organised crime, including high-risk criminal networks, is financial gain. Therefore, to tackle the serious threat posed by organised crime, competent authorities should be given the means to effectively trace and identify, freeze, confiscate and manage the instrumentalities and proceeds of crime and property that stems from criminal activities. The net proceeds resulting from the liquidation of confiscated assets should be reintroduced into legal economy. Where the confiscated assets stem from the crime of Russian aggression on Ukraine and other crimes associated with this aggression, the net proceeds resulting from the liquidation of their confiscation should serve the goal of supporting Ukraine in building back better.
Amendment 63 #
2022/0167(COD)
Proposal for a directive
Recital 5
Recital 5
(5) Therefore, the existing legal framework should be updated, so as to facilitate and ensure effective asset recovery and confiscation efforts across the Union as well as to enable channelling of the net proceeds resulting from the liquidation of confiscated assets into the Union budget in the form of new own resources and, where the assets stem from the crime of Russian aggression on Ukraine, in the form of external assigned revenue before the relevant Own Resources Decision enters into force and without prejudice to restitution, compensation, to the victims/public concerned. To that end, the Directive should lay down minimum rules on tracing and identification, freezing, confiscation and management of property within the framework of proceedings in criminal matters. In this context, proceedings in criminal matters is an autonomous concept of Union law interpreted by the Court of Justice of the European Union, notwithstanding the case law of the European Court of Human Rights. The term covers all types of freezing and confiscation orders issued following proceedings in relation to a criminal offence. It also covers other types of orders issued without a final conviction. Proceedings in criminal matters could also encompass criminal investigations by the police and other law enforcement authorities. It is necessary to reinforce the capacity of competent authorities to deprive criminals of the proceeds from criminal activities. For this purpose, rules should be laid down to strengthen asset tracing and identification, as well as freezing capabilities, to improve management of frozen and confiscated property, to strengthen the instruments to confiscate instrumentalities and proceeds of crime and property derived from criminal activities of criminal organisations, and to improve the overall efficiency of the asset recovery system.
Amendment 68 #
2022/0167(COD)
Proposal for a directive
Recital 6
Recital 6
(6) Moreover, the adoption of unprecedented and far-reaching Union restrictive measures triggered by the Russian invasion into Ukraine revealed the need to step up efforts to ensure the effective implementation of both sectorial and individual Union restrictive measures across the Union. While not criminal in nature, nor requiring criminal conduct as a pre-condition for their imposition, Union restrictive measures also rely on freezing of funds (i.e. targeted financial sanctions) and sectorial measures, and should thus benefit from strengthened capabilities in the context of identification and tracing of property. For such purpose, rules should be established to enhance the effective identification and tracing of property owned or controlled by persons and entities subject to such restrictive measures, and to promote greater international cooperation of asset recovery offices with their counterparts in third countries. Measures related to freezing and confiscation under this Directive, notably those under Chapters III and IV, remain however limited to situations where property stems from criminal activities, such as the violation of Union restrictive measures. This Directive does not regulate the freezing of funds and economic resources under Union restrictive measureWhere the assets stem from the crime of Russian aggression on Ukraine or associated crimes, the net proceeds resulting from the liquidation of confiscated assets should be dedicated to the reconstruction efforts of Ukraine and contributions towards the compensation of victims.
Amendment 74 #
2022/0167(COD)
Proposal for a directive
Recital 22
Recital 22
(22) Freezing measures should should include measures aimed at preserving and optimizing the value of concerned property until its disposal and be without prejudice to the possibility for a specific property to be considered evidence throughout the proceedings, provided that it would ultimately be made available for effective execution of the confiscation order. In the context of criminal proceedings, property may also be frozen with a view to its possible subsequent restitution or in order to safeguard compensation for the damage caused by a criminal offence.
Amendment 75 #
2022/0167(COD)
Proposal for a directive
Recital 39
Recital 39
(39) An effective recovery systemasset tracing and recovery system as well as maintaining the value of frozen assets requires concerted efforts of a wide range of authorities, from law enforcement, including customs authorities, tax authorities and tax recovery authorities to the extent that they are competent for asset recovery, asset recovery offices, judicial authorities and asset management authorities, including asset management offices. In order to ensure coordinated action by all competent authorities, it is necessary to establish a more strategic approach to asset recovery and promote a greater cooperation between the relevant authorities, and to obtain a clear overview of the results of asset recovery. For this purpose, Member States should adopt and regularly review a national strategy on asset recovery to guide actions in relation to financial investigations, freezing and confiscation, management as well as final disposal of the relevant instrumentalities, proceeds, or property. Furthermore, Member States should provide competent authorities with the necessary resources to be able to fulfil their tasks effectively. Competent authorities should be understood as the authorities entrusted with the carrying out of the tasks as outlined under this Directive and according to national set-ups.
Amendment 76 #
2022/0167(COD)
Proposal for a directive
Recital 39 a (new)
Recital 39 a (new)
(39 a) The proceeds of confiscated assets for the Member States are highly unpredictable and volatile in nature. Due to this unpredictability, confiscation of assets may occur more often in some Member States than others. Besides possible windfall gains, investments and efforts which need to be taken to curb criminal offences and to finally confiscate assets are inseparable and unpredictable by nature. To mutualise the risks and the benefits making the need proceeds from the liquidation of confiscated assets without prejudice to restitution, compensation, to the victims/public concerned a new own resource follows the logic of European added value. Therefore the monetary value of the net procceds resulting from the liquidation of confiscated criminal should be transfered by the Member States to the Union budget in the form of a new own resource following the entry into force of the relevant Own Resources Decision.
Amendment 79 #
2022/0167(COD)
Proposal for a directive
Recital 39 b (new)
Recital 39 b (new)
(39 b) The net proceeds from the liquidation of confiscated assets resulting from the crime of Russian aggression on Ukraine without prejudice to restitution, compensation, to the victims/public concerned shall be transferred by the Member States to the Union budget in form of the external assigned revenue until the relevant Own Resources Decision enters into force. Such revenue should be externally assigned revenue in the Eastern Neighbourhood in the Neighbourhood, Development and International Cooperation Instrument – Global Europe on the Esastern Neighbourhood line ( 14 02 01 11) and should be used to support Ukraine in the current MFF and the relevant budget line in the next MFF if needed.
Amendment 82 #
2022/0167(COD)
Proposal for a directive
Recital 46
Recital 46
(46) In order to ensure that there is a common understanding and minimum standards for asset tracing and identification, freezing and management, this Directive should lay down minimum rules for the relevant measures as well as related safeguards. Furthermore, the implementation of the directive and in particular the measures undertaken to safeguard the value of frozen assets as well as the use of the proceeds from the liquidation of confiscated assets should be done in a way to ensure that no significant harm to any of the six environmental objectives, within the meaning of Article 17, on the establishment of a framework to facilitate sustainable investment (EU Taxonomy Regulation) is done. The adoption of minimum rules does not prevent Member States from granting more extensive powers to asset recovery offices or to asset management offices, or to provide for additional safeguards under national law, provided that such national measures and provisions do not undermine the objective of this Directive.
Amendment 85 #
2022/0167(COD)
Proposal for a directive
Article 7 – paragraph 2
Article 7 – paragraph 2
2. Member States shall ensure that staff of the asset recovery offices comply with the rules on confidentiality and professional secrecy and ethics as provided for under applicable national law. Member States shall also ensure that staff of asset recovery offices have the necessary specialised skills and abilities to perform their roles effectively and provide regular training including on ethics, integrity and anti-corruption.
Amendment 86 #
2022/0167(COD)
Proposal for a directive
Article 11 – paragraph 6 a (new)
Article 11 – paragraph 6 a (new)
6 a. Member States shall ensure sufficient budgetary resources to properly manage and maintain value frozen property in cases where there is no possibility to charge the costs for the management of frozen property to the beneficial owner or proceed with an interlocutory sale.
Amendment 87 #
2022/0167(COD)
Proposal for a directive
Article 11 – paragraph 7 a (new)
Article 11 – paragraph 7 a (new)
7 a. Court-appointed administrators in charge of the frozen assets before their possible confiscation shall undergo regular professional training, including on integrity, ethics and anti-corruption measures. They shall work under the principle of rotation and have a limited number of assignments.
Amendment 91 #
2022/0167(COD)
Proposal for a directive
Article 17 – paragraph 2
Article 17 – paragraph 2
2. Member States shall consider taking measures allowing confiscated property to be used for public interest or social purposesuse of the net proceeds resulting from the liquidation of confiscated asset except for those established as an own resource in accordance with Article 311(3) TFEU and those linked to the Russian aggression in Ukraine which constitute external assigned revenue in accordance with Article 21(5) of the Financial Regulation until the establishment of an own resource in accordance with Article 311(3) TFEU and without prejudice to restitution, compensation, to the victims/public concerned. Member States shall use a substantial share of the remaining income to be used for public interest also beyond the remit of public entities or social purposes including by civil society organizations as a priority.
Amendment 103 #
2022/0167(COD)
Proposal for a directive
Article 27 – paragraph 1
Article 27 – paragraph 1
1. Member States shall collect and maintain comprehensive statistics at central level on the measures taken under this Directive including of the net value of proceeds from the liquidation of confiscated assets.
Amendment 105 #
2022/0167(COD)
Proposal for a directive
Article 27 – paragraph 2
Article 27 – paragraph 2
2. Member States shall ensure that the statistics referred to in paragraph 1 are collected on a calendar basis and transmitted to the Commission on an annual basis, by [1 September5 March] of the following year.
Amendment 39 #
2022/0147(COD)
Proposal for a directive
Recital 4
Recital 4
(4) Ensuring the same high level of consumer protection across the internal market is best achieved through full harmonisation. Full hHarmonisation is necessary in order to ensure that all consumers in the Union enjoy a high and equivalent level of protection of their interests and to create a well-functioning internal market. Member States should therefore nothowever be allowed to maintain or introduce national provisions other than those laid down in this Directive, with respect to aspects covered by the Directive, unless otherwise provided in this Directive to address specific situations or in light of the public interest. WThere no such harmonised provisions existfore, Member States should remain free to maintain or introduce national legislation.
Amendment 43 #
2022/0147(COD)
Proposal for a directive
Recital 7
Recital 7
(7) In order to address the fact that the progressive introduction of Union sector specific legislation has led to significant overlaps of that legislation with Directive 2002/65/EC and that digitalisation exacerbated some aspects that are not fully addressed by the Directive, including how and when information should be provided to the consumer, it is necessary to revise the rules applicable to financial services contracts concluded between a consumer and a trader at a distance and off-premises, while at the same time ensuring the application of the ‘safety net’ feature.
Amendment 46 #
2022/0147(COD)
Proposal for a directive
Recital 10
Recital 10
(10) While not all the provisions of Directive 2011/83/EU should apply to financial services contracts concluded at a distance due to the specific nature of those services, a number of provisions of Directive 2011/83/EU, such as relevant definitions, rules on additional payments, rules on ancillary contracts, rules on inertia selling, on enforcement and penalties, should also apply to financial services contracts concluded at a distance. The application of those provisions ensures complementarity between the different types of contracts concluded at a distance. The extension of the application of the rules on penalties of Directive 2011/83/EU will ensure that effective, proportionate and dissuasive fines are imposed on traders responsible for widespread infringements or widespread infringements with a Union dimension.
Amendment 50 #
2022/0147(COD)
Proposal for a directive
Recital 12
Recital 12
(12) Since distance financial services contracts are most commonly concluded by electronic means, rules on ensuring online fairness when financial services are contracted at a distance should contribute to the achievement of the goals laid down in Article 114 TFEU and Article 38 of the Charter of the Fundamental Rights of the EU. The rule on adequate explanations should ensure added transparency and provide the consumer with the possibilityright to request human intervention when he or she interacts with the trader through online interfaces, such as a chatbox or similar tools. The trader should be prohibited to deploy measures in his or her online interface or any other practices relating to dark patterns that could distort or impair the consumers’ ability to make a free, autonomous and informed decision or choice.
Amendment 52 #
2022/0147(COD)
Proposal for a directive
Recital 12 a (new)
Recital 12 a (new)
Amendment 54 #
2022/0147(COD)
Proposal for a directive
Recital 13
Recital 13
(13) Certain consumer financial services are governed by specific Union acts, which continue to apply to those financial services. In order to ensure legal certainty, it should be clarified that where another Union act governing specific financial services contains rules on pre-contractual information or on the exercise of the right of withdrawal, only the respective provisions of those other Union acts should apply to those specific consumer financial services unless provided otherwise in those acts. For instance, when Article 186 of Directive 2009/138/EC of the European Parliament and of the Council19 applies, the rules concerning the 'cancellation period' laid down in Directive 2009/138/EC apply and not the rules on the right of withdrawal laid down in this Directive and when Article 14(6) of Directive 2014/17/EU of the European Parliament and of the Council20 applies, the rules on the right of withdrawal under this Directive should not apply. Likewise, certain Union acts governing specific financial services21 contain extensive and developed rules designed to ensure that consumers are able to understand the essential characteristics of the proposed contract Furthermore, certain Union acts governing specific financial services, such as Directive 2014/17/EU on credit agreements for consumers relating to residential immovable property22 , already lay down rules on adequate explanations to be provided by the traders to the consumers with respect to the proposed contract. In order to ensure legal certainty, the rules on adequate explanations set out in this Directive should not apply to financial services falling under Union acts governing specific financial services that contain rules on the informadequate explanations to be provided to the consumer prior to the conclusion of the contract. _________________ 19 Directive 2009/138/EC of the European Parliament and of the Council of 25 November 2009 on the taking-up and pursuit of the business of Insurance and Reinsurance (Solvency II) (OJ L 335, 17.12.2009, p. 1). 20 Directive 2014/17/EU of the European Parliament and of the Council of 4 February 2014 on credit agreements for consumers relating to residential immovable property and amending Directives 2008/48/EC and 2013/36/EU and Regulation (EU) No 1093/2010 (OJ L 60, 28.2.2014, p. 34). 21 Such as, Regulation (EU) 2019/1238 of the European Parliament and of the Council of 20 June 2019 on a pan- European Personal Pension Product (PEPP) (OJ L 198, 25.7.2019, p. 1), Directive 2014/65/EU of the European Parliament and of the Council of 15 May 2014 on markets in financial instruments and amending Directive 2002/92/EC and Directive 2011/61/EU (OJ L 173, 12.6.2014, p. 349), Directive (EU) 2016/97 of the European Parliament and of the Council of 20 January 2016 on insurance distribution (OJ L 26, 2.2.2016, p. 19), Directive 2014/92/EU of the European Parliament and of the Council of 23 July 2014 on the comparability of fees related to payment accounts, payment account switching and access to payment accounts with basic features (OJ L 257, 28.8.2014, p. 214) 22 Directive 2014/17/EU of the European Parliament and of the Council of 4 February 2014 on credit agreements for consumers relating to residential immovable property and amending Directives 2008/48/EC and 2013/36/EU and Regulation (EU) No 1093/2010 (OJ L 60, 28.2.2014, p. 34)
Amendment 57 #
2022/0147(COD)
Proposal for a directive
Recital 16
Recital 16
Amendment 63 #
2022/0147(COD)
Proposal for a directive
Recital 17
Recital 17
(17) The use of means of distance communications should not lead to an unwarranted restriction on the information provided to the consumer. In the interests of transparency, requirements should be laid down with regard to when the information should be provided to the consumer prior to the conclusion of the distance contract and how that information should reach the consumer. In order to be able to make their decisions in full knowledge of the facts, consumers should receive the information at least onetwo days prior to the conclusion of the distance contract. Only in exceptional cases can the information be provided less than a daytwo days, i.e. one day at the latest, before the conclusion of the distance contract for financial service. In case the contract is concluded less than one day beforany case, the trader, within the established timeframe, should be obliged to remind the consumer about the possibility to withdraw from the distance contract for financial service.
Amendment 65 #
2022/0147(COD)
Proposal for a directive
Recital 18
Recital 18
(18) The information requirements should be modernised and updatedmade future- proof. This Directive updates those to include, for example, the email address of the trader and others means of communication. Information requirements should also be adapted to include the information on the risk and reward related to certain consumer financial services. Consumers should also be clearly informed when the price presented to them is personalised on the basis of automated processing.
Amendment 74 #
2022/0147(COD)
(25) For distance contracts concluded by electronic means, the trader should provide the consumer with the possibility to use a withdrawal button. This withdrawal button should be introduced not only for contracts concluded at a distance for financial services but also for contracts concluded at distance for goods and services to ensure easy exercise of the right of withdrawal for consumers. In order for ensure the effective use of the withdrawal button, the trader should ensure that it is visible and, when the consumer uses the button, the trader should adequately document its use, allowing the consumers to easily identify themselves and to confirm the withdrawal from the contract through a dedicated button.
Amendment 77 #
2022/0147(COD)
Proposal for a directive
Recital 26
Recital 26
(26) CIn addition to the pre-contractual information received, consumers may need assistance in order to understand and decide which financial service is the most appropriate for his or her needs and financial situation. Therefore, Member States should ensure that before the conclusion of a financial service contract at a distance, traders provide such assistance in relation to the financial services which they offer to the consumer, by providing adequate explanations about the relevant information, including the essential characteristics of the products proposed. Where relevant, the explanations provided should encompass the social and environmental objectives of the offer, as well as how the achievement of such objectives is monitored. The provision of such information should be free of charge for consumers. The obligation of providing adequate explanations is particularly important when consumers intend to conclude a financial service contract at a distance and the trader provides explanations through online tools. In order to ensure that the consumer understands the effects that the contract may have on his or her economic situation, the consumer should always be able to request and obtain human intervention on behalf of the trader.
Amendment 81 #
2022/0147(COD)
Proposal for a directive
Recital 26 a (new)
Recital 26 a (new)
(26 a) Consumers rely in some cases on comparison tools, including websites, to assess different offers in the area of financial services. It is therefore crucial to ensure access to independent and certified comparison tools that enable consumers to receive impartial and neutral overview of the different offers through compliance with a minimum set of requirements.
Amendment 82 #
2022/0147(COD)
Proposal for a directive
Recital 26 b (new)
Recital 26 b (new)
(26 b) Similarly, misleading advertising or information on the financial services offered and their performances might incite consumers to purchase financial services that are not appropriate for their financial needs and interests. Any advertising on financial services should respect a minimum set of rules, irrespective of the format they are provided to consumers.
Amendment 89 #
2022/0147(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 1 – point a
Article 1 – paragraph 1 – point 1 – point a
Directive 2011/83/EU
Article 3 – paragraph 1b – subparagraph 1
Article 3 – paragraph 1b – subparagraph 1
‘Articles 1 and 2, Article 3(2), (5) and (6), Article 46a, Article 8(6), Article 11(a), Article 15, Articles 16a to 16e, Article 19, Articles 21 to 23, Article 24(1), (2), (3) and (4) and Articles 25, 26 and 267 shall apply to distance and off-premises contracts concluded between a trader and a consumer for the supply of financial services.
Amendment 98 #
2022/0147(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 1 b (new)
Article 1 – paragraph 1 – point 1 b (new)
Directive 2011/83 EU
Article 11a (new)
Article 11a (new)
(1 b) The following Article 11a is inserted: Article 11a Withdrawal button for distance contracts concluded by electronic means 1. Member States shall ensure that, for distance contracts concluded by electronic means, the trader provides a possibility to use a withdrawal button in order to facilitate the consumer’s exercise of the right of withdrawal. Such button shall be clearly labelled with the words ‘Withdraw from Contract’ or a corresponding unambiguous formulation. 2. The withdrawal button shall be placed in a prominent manner and permanently available during the entire withdrawal period on the same electronic interface as the one used to conclude the distance contract. In addition, the trader may also provide the withdrawal button through another channel. 3. The activation of the withdrawal button shall require the consumers to identify themselves and the contract they want to withdraw from. Consumers shall be asked to confirm the withdrawal from the contract through a button that is clearly labelled as a “confirmation button”. 4. The trader shall ensure that the activation of the withdrawal “confirmation’ button results in an instant confirmation notice to the consumer that the right of withdrawal has been exercised, which shall include the date and time of the exercise of the right of withdrawal, and where applicable, indicate the further requirements necessary to complete the withdrawal process. Confirmation of the exercise of the right of withdrawal shall be provided by the trader to the consumer on a durable medium. 5. As regards compliance with this Article, burden of proof shall be on the trader.
Amendment 99 #
2022/0147(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
RULES CONERNING FINANCIAL SERVICES CONTRACTS CONCLUDED AT A DISTANCE AND OFF- PREMISES
Amendment 102 #
2022/0147(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2011/83/EU
Article 16a – title
Article 16a – title
Information requirements for distance and off-premises contracts for consumer financial services
Amendment 109 #
2022/0147(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2011/83/EU
Article 16a – paragraph 1 – point b
Article 16a – paragraph 1 – point b
(b) the geographical address at which the trader is established as well as the trader’s telephone number and, email address; in addition, where the trader provides and other means of online communication which guarantee that the consumer can keep any written correspondence, including the date and time of such correspondence, with the trader on a durable medium, the information shall also include details of those other means; all those means of communication provided by the trader shall enable the consumer to contact the trader quickly and communicate with him efficiently; where applicable, the trader shall also provide the geographical address and, identity, telephone number and email address of the trader on whose behalf he is acting;
Amendment 110 #
2022/0147(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2011/83 EU
Article 16a – paragraph 1 – point c
Article 16a – paragraph 1 – point c
(c) if different from the addressinformation provided in accordance with point (b), the geographical address of the place of business of the trader, telephone number and email address, and, where applicable, thatose of the trader on whose behalf he is acting, where the consumer can address any complaints;
Amendment 118 #
2022/0147(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2011/83 EU
Article 16a – paragraph 1 – point va (new)
Article 16a – paragraph 1 – point va (new)
(v a) where applicable, the existence of guarantee funds or other compensation arrangements;
Amendment 123 #
2022/0147(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2011/83 EU
Article 16a – paragraph 2 – subparagraph 1
Article 16a – paragraph 2 – subparagraph 1
Member States shall prohibit any offer or sale of financial services to consumers without their prior request and explicit agreement. In the case of telephone communications, the identity of the trader and the commercial purpose of the call initiated by the trader shall be made explicitly clear at the beginning of any conversation with the consumer.
Amendment 136 #
2022/0147(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2011/83 EU
Article 16a – paragraph 2a (new)
Article 16a – paragraph 2a (new)
2 a. With respect to off-premises contracts, the trader shall give the information referred to in paragraph 1 to the consumer on paper or, if the consumer agrees, on another durable medium. That information shall be legible and in plain, intelligible language.
Amendment 138 #
2022/0147(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2011/83 EU
Article 16a – paragraph 3 – subparagraph 1
Article 16a – paragraph 3 – subparagraph 1
The trader shall provide the information referred to in paragraph 1 at least onetwo days before the consumer is bound by any distance contract.
Amendment 143 #
2022/0147(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2011/83 EU
Article 16a – paragraph 3 – subparagraph 2
Article 16a – paragraph 3 – subparagraph 2
When the information referred to in paragraph 1 is provided less than two days, and in all cases, no later than one day before the consumer is bound by the distance contract, Member States shall require that the trader sends a reminder, on a durable medium, to the consumer of the possibility to withdraw from the distance contract and of the procedure to follow for withdrawing, in accordance with Article 16b. That reminder shall be provided to the consumer, at the latest, one day after the conclusion of the distance contract.
Amendment 145 #
2022/0147(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2011/83/EU
Article 16a – paragraph 3a (new)
Article 16a – paragraph 3a (new)
3 a. Further to the provision of pre- contractual information in line with the requirements under this Article, the trader shall maintain the terms and conditions offered for a minimum period of 14 days starting from the date of receipt by the consumer.
Amendment 146 #
2022/0147(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2011/83 EU
Article 16a – paragraph 4 – subparagraph 1
Article 16a – paragraph 4 – subparagraph 1
The information referred to in paragraph 1 shall be made availableprovided to the consumer on a durable medium and laid out in a way that is easy to read, using characters of readable size.
Amendment 149 #
2022/0147(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2011/83 EU
Article 16a – paragraph 4 – subparagraph 5
Article 16a – paragraph 4 – subparagraph 5
The information referred to in paragraph 1 shall be made availableprovided upon request in an appropriatccessible format to persons with disabilities, including for consumers with a visual impairment.
Amendment 151 #
2022/0147(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2011/83 EU
Article 16a – paragraph 4a (new)
Article 16a – paragraph 4a (new)
4 a. At any time during the contractual relationship, the consumer, upon request, is entitled to receive the contractual terms and conditions on paper or any other durable medium. In addition, the consumer is entitled to change the means of distance communication used, unless this is incompatible with the contract concluded or with the nature of the financial service provided.
Amendment 154 #
2022/0147(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2011/83 EU
Article 16b – paragraph 1 – subparagraph 1
Article 16b – paragraph 1 – subparagraph 1
The Member States shall ensure that the consumer shall have a period of 14 calendar days to withdraw from a contract without penalty and without giving any reason. This period shall be extended to 30 calendar days in distance contracts relating to personal pension operations and life insurances.
Amendment 172 #
2022/0147(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2011/83 EU
Article 16b – paragraph 3
Article 16b – paragraph 3
3. The consumer shall have exercised his right of withdrawal within the withdrawal period referred to in paragraph 1 if the communication concerning the exercise of the right of withdrawal is sent or the withdrawal button referred to in paragraph 5Article 11(a) is activated by the consumer before that period has expired.
Amendment 173 #
2022/0147(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2011/83 EU
Article 16b – paragraph 3a (new)
Article 16b – paragraph 3a (new)
3 a. In case the trader has not provided the consumer with the information on the right of withdrawal as required by point (p) of Article 16a or about the existence of a withdrawal button in accordance with Article 11a, the right of withdrawal shall not lapse. For cases where the trader has not provided the consumer with the required information on contractual terms and conditions, the withdrawal period shall expire 12 months and 14 calendar days from the day of conclusion of the contract.
Amendment 176 #
2022/0147(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2011/83 EU
Article 16b – paragraph 5
Article 16b – paragraph 5
Amendment 182 #
2022/0147(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2011/83 EU
Article 16d – paragraph 1 – introductory part
Article 16d – paragraph 1 – introductory part
1. Member States shall ensure that traders are required to provide adequate explanations to the consumer on the proposed financial services contracts that make it possible for the consumer to assess whether the proposed contract and ancillary services are adapted to his or her needs and financial situation. The provision of information shall be free of charge for consumers and take place not later than two days before the conclusion of the contract. The explanations shall, as a minimum, include the following elements:
Amendment 184 #
2022/0147(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
(b a) environmental and social objectives of the proposed contract, including monitoring measures to ensure their achievements;
Amendment 188 #
2022/0147(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2011/83 EU
Article 16d – paragraph 3 a (new)
Article 16d – paragraph 3 a (new)
3 a. As regards compliance with this Article, the burden on proof shall be on the trader.
Amendment 189 #
2022/0147(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2011/83/EU
Article 16d a (new)
Article 16d a (new)
Amendment 190 #
2022/0147(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2011/83/EU
Article 16d b (new)
Article 16d b (new)
Amendment 33 #
2022/0140(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) In health systems, personal electronic health data is usually gathered in electronic health records, which typically contain a natural person’s medical history, diagnoses and treatment, medications, allergies, immunisations, as well as radiology images and laboratory results, spread between different entities from the health system (general practitioners, hospitals, pharmacies, care services). In order to enable that electronic health data to be accessed, shared and changed by the natural persons or health professionals, some Member States have taken the necessary legal and technical measures and set up centralised infrastructures connecting EHR systems used by healthcare providers and natural persons. Alternatively, some Member States support public and private healthcare providers to set up personal health data spaces to enable interoperability between different healthcare providers. Several Member States have also supported or provided health data access services for patients and health professionals (for instance through patients or health professional portals). They have also taken measures to ensure that EHR systems or wellness applications are able to transmit electronic health data with the central EHR system (some Member States do this by ensuring, for instance, a system of certification). However, not all Member States have put in place such systems, and the Member States that have implemented them have done so in a fragmented manner. In order to facilitate the free movement of personal health data across the Union and avoid negative consequences for patients when receiving healthcare in cross-border context, Union action is needed in order to ensure individuals have improved acess to their own personal electronic health data and are empowered to share it.
Amendment 37 #
2022/0140(COD)
Proposal for a regulation
Recital 16
Recital 16
(16) Timely and full access of health professionals to the medical records of patients is fundamental for ensuring continuity of care and avoiding duplications and errors. However, due to a lack of interoperability, in many cases, health professionals cannot access the complete medical records of their patients and cannot make optimal medical decisions for their diagnosis and treatment, which adds considerable costs for both health systems and natural persons and may lead to worse health outcomes for natural persons. Electronic health data made available in interoperable format, which can be transmitted between healthcare providers can also reduce the administrative burden on health professionals of manually entering or copying health data between electronic systems. Therefore, health professionals should be provided with appropriate electronic means, such as health professional portals, to use personal electronic health data for the exercise of their duties. Moreover, the Commission and the Member States should agree on ambitious time-based targets to implement improved health data interoperability across the Union. The access to personal health records should be transparent to the natural persons and natural persons should be able to exercise full control over such access, including by limiting access to all or part of the personal electronic health data in their records. Health professionals should refrain from hindering the implementation of the rights of natural persons, such as refusing to take into account electronic health data originating from another Member State and provided in the interoperable and reliable European electronic health record exchange format.
Amendment 43 #
2022/0140(COD)
Proposal for a regulation
Recital 23
Recital 23
(23) Digital health authorities should have sufficient technical skills, possibly bringing together experts from different organisations. The activities of digital health authorities should be well-planned and monitored in order to ensure their efficiency. Digital health authorities should take necessary measures to ensuring rights of natural persons by setting up national, regional, and local technical solutions such as national EHR, patient portals, data intermediation systems. When doing so, they should apply common standards and specifications in such solutions, promote the application of the standards and specifications in procurements and use other innovative means including reimbursement of solutions that are compliant with interoperability and security requirements of the EHDS. To carry out their tasks, the digital health authorities should cooperate at national and Union level with other entities, including with insurance bodies, healthcare providers, manufacturers of EHR systems and wellness applications, as well as stakeholders from health or information technology sector, entities handling reimbursement schemes, health technology assessment bodies, medicinal products regulatory authorities and agencies, medical devices authorities, procurers and cybersecurity or e-ID authorities.
Amendment 45 #
2022/0140(COD)
Proposal for a regulation
Recital 25
Recital 25
(25) In the context of MyHealth@EU, a central platform should provide a common infrastructure for the Member States to ensure connectivity and interoperability in an efficient and secure way. In order to guarantee compliance with data protection rules and to provide a risk management framework for the transmission of personal electronic health data, the Commission should, by means of implementing acts, allocate specific responsibilities among the Member States, as joint controllers, and prescribe its own obligations, as processor. Furthermore, to ensure the technological sovereignty of the Union and ensure the highest security standards, the platform should be licenced under an open source licence in line with the Open Source Strategy 2020-2023 (C(2020) 7149 final) and Commission decision 2021/C 495 I/01. This will increase transparency and ensure consumer trust and confidence in the platform.
Amendment 51 #
2022/0140(COD)
Proposal for a regulation
Recital 35
Recital 35
Amendment 52 #
2022/0140(COD)
Proposal for a regulation
Recital 36
Recital 36
(36) The distribution of information on certified EHR systems and labelled wellness applications is necessary to enable procurers and users of such products to find interoperable solutions for their specific needs. A database of interoperable EHR systems and wellness applications, which are not falling within the scope of Regulations (EU) 2017/745 and […] [AI act COM/2021/206 final] should therefore be established at Union level, similar to the European database on medical devices (Eudamed) established by Regulation (EU) 2017/745. The objectives of the EU database of interoperable EHR systems and wellness applications should be to enhance overall transparency, to avoid multiple reporting requirements and to streamline and facilitate the flow of information. For medical devices and AI systems, the registration should be maintained under the existing databases established respectively under Regulations (EU) 2017/745 and […] [AI act COM/2021/206 final], but the compliance with interoperability requirements should be indicated when claimed by manufacturers, to provide information to procurers.
Amendment 54 #
2022/0140(COD)
Proposal for a regulation
Recital 39
Recital 39
(39) The categories of electronic health data that can be processed for secondary use should be broad and flexible enough to accommodate the evolving needs of data users, while remaining limited to data related to health or known to influence health. It can also include relevant data from the health system (electronic health records, claims data, disease registries, genomic data etc.), as well as data with an impact on health (for example consumption of different substances, homelessness, health insurance, minimum income, professional status, behaviour, including environmental factors (for example, pollution, radiation, use of certain chemical substances). They can also include person- generated data, such as data from medical devices, wellness applications or other wearables and digital health applications. The data user who benefits from access to datasets provided under this Regulation could enrich the data with various corrections, annotations and other improvements, for instance by supplementing missing or incomplete data, thus improving the accuracy, completeness or quality of data in the dataset. To support the improvement of the original database and further use of the enriched dataset, the dataset with such improvements and a description of the changes should be made available free of charge to the original data holder. The data holder should make available the new dataset, unless it provides a justified notification against it to the health data access body, for instance in cases of low quality of the enrichment. Secondary use of non-personal electronic data should also be ensured. In particular, pathogen genomic data hold significant value for human health, as proven during the COVID-19 pandemic. Timely access to and sharing of such data has proven to be essential for the rapid development of detection tools, medical countermeasures and responses to public health threats. The greatest benefit from pathogen genomics effort will be achieved when public health and research processes share datasets and work mutually to inform and improve each other.
Amendment 61 #
2022/0140(COD)
Proposal for a regulation
Recital 73 a (new)
Recital 73 a (new)
(73 a) Consumers should be entitled to enforce their rights in relation to the obligations imposed on economic operators under this Regulation through representative actions in accordance with Directive (EU) 2020/1828 of the European Parliament and of the Council. For that purpose, this Regulation should provide that Directive (EU) 2020/1828 is applicable to the representative actions concerning infringements of the provisions of this Regulation that harm or can harm the collective interests of consumers. The Annex to that Directive should therefore be amended accordingly. It is for the Member States to ensure that that amendment is reflected in their transposition measures adopted in accordance with Directive (EU) 2020/1828, although the adoption of national transposition measures in this regard is not a condition for the applicability of that Directive to those representative actions. The applicability of Directive (EU) 2020/1828 to the representative actions brought against infringements by economic operators of provisions of this Regulation that harm or can harm the collective interests of consumers should start from the date of application of this Regulation.
Amendment 62 #
2022/0140(COD)
Proposal for a regulation
Article 1 – paragraph 3 – point a
Article 1 – paragraph 3 – point a
(a) manufacturers and suppliers of EHR systems and wellness applications placed on the market and put into service in the Union and the users of such products; (This amendment applies throughout the text.)
Amendment 64 #
2022/0140(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point b
Article 2 – paragraph 2 – point b
(b) ‘non-personal electronic health data’ means data concerning health and genetic data in electronic formatin electronic format relevant for health research that falls outside the definition of personal data provided in Article 4(1) of Regulation (EU) 2016/679;
Amendment 65 #
2022/0140(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point h
Article 2 – paragraph 2 – point h
(h) ‘registration of electronic health data’ means the recording of health data in an electronic format, through manual entry of data, through the collection of data by a device, or through the conversion of non- electronic health data into an electronic format, to be processed in an EHR system or a wellness application;
Amendment 67 #
2022/0140(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point m
Article 2 – paragraph 2 – point m
(m) ‘EHR’ (electronic health record) means an electronic collection of electronic health data related to a natural person and collected in the health system, processed for healthcare purposes;
Amendment 71 #
2022/0140(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point o
Article 2 – paragraph 2 – point o
Amendment 74 #
2022/0140(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point ae a (new)
Article 2 – paragraph 2 – point ae a (new)
(ae a) ‘common specifications’ (CS) means a set of technical and/or clinical requirements, other than a standard, that provides a means of complying with the legal obligations applicable to an EHR system.
Amendment 80 #
2022/0140(COD)
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
1. The Commission shall establish a central platform for digital health to provide services to support and facilitate the exchange of electronic health data between national contact points for digital health of the Member States. The central platform shall be licenced under an open- source licence and published in the Open Source code repository of the EU institutions.
Amendment 83 #
2022/0140(COD)
Proposal for a regulation
Chapter III – title
Chapter III – title
III EHR systems and wellness applications
Amendment 85 #
2022/0140(COD)
Proposal for a regulation
Article 14 – paragraph 4
Article 14 – paragraph 4
4. PNotwithstanding the obligations laid down in Regulation [AI act COM/2021/206 final], providers of high- risk AI systems as defined in Article 6 of Regulation […] [AI act COM/2021/206 final], which does not fall within the scope of Regulation (EU) 2017/745, that claim interoperability of those AI systems with EHR systems will need to prove compliance with the essential requirements on interoperability laid down in Section 2 of Annex II of this Regulation. Article 23 of this Chapter shall be applicable to those high-risk AI systems.
Amendment 87 #
2022/0140(COD)
Proposal for a regulation
Article 15 – paragraph 1
Article 15 – paragraph 1
1. EHR systems may be placed on the market or put into service only if they comply with the provisions laid down in this Chapter and in Annex II.
Amendment 88 #
2022/0140(COD)
Proposal for a regulation
Article 17 – paragraph 1 – point b
Article 17 – paragraph 1 – point b
(b) draw up and keep up to date the technical documentation of their EHR systems in accordance with Article 24;
Amendment 89 #
2022/0140(COD)
Proposal for a regulation
Article 17 – paragraph 1 – point c
Article 17 – paragraph 1 – point c
(c) ensure that their EHR systems are accompanied, free of charge for the user, by the information sheet provided for in Article 25 and by clear and complete instructions for use in accessible formats for persons with disabilities;
Amendment 90 #
2022/0140(COD)
Proposal for a regulation
Article 17 – paragraph 1 – point g
Article 17 – paragraph 1 – point g
(g) take without undue dimmediatelay any necessary corrective action in respect of their EHR systems whichen manufacturers consider or have reasons to believe that such systems are not in conformity with the essential requirements laid down in Annex II, or recall or withdraw such systems;
Amendment 91 #
2022/0140(COD)
Proposal for a regulation
Article 17 – paragraph 1 – point h
Article 17 – paragraph 1 – point h
(h) immediately inform the distributors of their EHR systems and, where applicable, the authorised representative and importers of any corrective action, recall or withdrawal;
Amendment 92 #
2022/0140(COD)
Proposal for a regulation
Article 17 – paragraph 1 – point i
Article 17 – paragraph 1 – point i
(i) immediately inform the market surveillance authorities of the Member States in which they made their EHR systems available or put them into service of the non- conformity and of any corrective action taken;
Amendment 93 #
2022/0140(COD)
Proposal for a regulation
Article 17 – paragraph 1 – point i a (new)
Article 17 – paragraph 1 – point i a (new)
(i a) immediately inform the market surveillance authorities of the Member States in which they made their EHR systems available, where manufacturers consider or have reasons to believe that such systems present a risk to the health or safety of natural persons or to other aspects of public interest protection;
Amendment 94 #
2022/0140(COD)
Proposal for a regulation
Article 17 – paragraph 1 – point j
Article 17 – paragraph 1 – point j
(j) upon request of a market surveillance authority, provide itat least 6 months before placing on the market or putting into service their EHR systems, provide market surveillance authorities of the Member States concerned with all the information and documentation necessary to demonstrate the conformity of their EHR system with the essential requirements laid down in Annex II.
Amendment 97 #
2022/0140(COD)
Proposal for a regulation
Article 17 – paragraph 1 a (new)
Article 17 – paragraph 1 a (new)
1 a. If the manufacturer fails to cooperate with market surveillance authorities or if the information and documentation provided is incomplete or incorrect, market surveillance authorities shall take all appropriate measures to prohibit or restrict the relevant EHR system from being available on the market, to withdraw it from the market or to recall it until the manufacturer cooperates or provides complete and correct information;
Amendment 98 #
2022/0140(COD)
Proposal for a regulation
Article 17 – paragraph 3 a (new)
Article 17 – paragraph 3 a (new)
3 a. A manufacturer of EHR systems established outside of the Union shall ensure that its authorised representative has the necessary documentation permanently available in order to fulfil the tasks referred to in Article 18(2).
Amendment 99 #
2022/0140(COD)
Proposal for a regulation
Article 17 – paragraph 3 b (new)
Article 17 – paragraph 3 b (new)
3 b. Natural or legal persons may claim compensation for damage caused by a defective EHR system in accordance with applicable Union and national law. Manufacturers shall have measures in place to provide sufficient financial coverage in respect of their potential liability under Directive 85/374/EEC, without prejudice to more protective measures under national law.
Amendment 100 #
2022/0140(COD)
Proposal for a regulation
Article 17 – paragraph 3 c (new)
Article 17 – paragraph 3 c (new)
3 c. Manufacturers shall make publicly available communication channels such as a telephone number, electronic address or dedicated section of their website, taking into account accessibility needs for persons with disabilities, allowing users to file complaints and to inform them of risks related to their health and safety or to other aspects of public interest protection and of any serious incident involving an EHR system.
Amendment 101 #
2022/0140(COD)
Proposal for a regulation
Article 17 – paragraph 3 d (new)
Article 17 – paragraph 3 d (new)
3 d. Manufacturers shall investigate complaints and information on incidents involving an EHR system they made available on the market without undue delay and shall keep an internal register of those complaints as well as of systems recalls and any corrective measures taken to bring the EHR system into conformity.
Amendment 102 #
2022/0140(COD)
Proposal for a regulation
Article 17 – paragraph 3 e (new)
Article 17 – paragraph 3 e (new)
3 e. Personal data stored in the internal register of complaints shall only be those personal data that are necessary for the manufacturer to investigate the complaint. Such data shall only be kept as long as it is necessary for the purpose of investigation and no longer than 5 years after they have been encoded.
Amendment 103 #
2022/0140(COD)
Proposal for a regulation
Article 18 – paragraph 1
Article 18 – paragraph 1
1. Prior to making an EHR system available on the Union market, a manufacturer of an EHR system established outsidWhere a manufacturer of an EHR system is established outside of the Union, the EHR system may only be made available ofn the Union shallmarket if the manufacturer appoints, by written mandate, appoint an authorised representative which is established in the Union.
Amendment 104 #
2022/0140(COD)
Proposal for a regulation
Article 18 – paragraph 2 – introductory part
Article 18 – paragraph 2 – introductory part
2. An authorised representative shall perform the tasks specified in the mandate received fromagreed with the manufacturer. The mandate shall allow the authorised representative to do at least the following:
Amendment 105 #
2022/0140(COD)
Proposal for a regulation
Article 18 – paragraph 2 – point b
Article 18 – paragraph 2 – point b
(b) further to a reasoned request from a market surveillance authority, provide that authorityat least 6 months before placing an EHR system on the market or putting it into service, provide the market surveillance authorities of the Member States concerned with a copy of the mandate and with all the information and documentation necessary to demonstrate the conformity of an EHR system with the essential requirements laid down in Annex II in an official language which can be understood by that authority;
Amendment 107 #
2022/0140(COD)
Proposal for a regulation
Article 18 – paragraph 2 – point b a (new)
Article 18 – paragraph 2 – point b a (new)
(b a) immediately inform the manufacturer if the authorised representative has a reason to believe that an EHR system presents a risk to the health or safety of natural persons or to other aspects of public interest protection or if it is aware of any serious incident involving an EHR system;
Amendment 108 #
2022/0140(COD)
Proposal for a regulation
Article 18 – paragraph 2 – point b b (new)
Article 18 – paragraph 2 – point b b (new)
(b b) immediately inform the manufacturer about complaints received by users;
Amendment 109 #
2022/0140(COD)
Proposal for a regulation
Article 18 – paragraph 2 – point c a (new)
Article 18 – paragraph 2 – point c a (new)
(c a) terminate the mandate if the manufacturer acts contrary to its obligations under this Regulation and immediately inform the market surveillance authority of the Member State in which is established.
Amendment 110 #
2022/0140(COD)
2 a. Where the manufacturer is not established in a Member State and has not complied with the obligations laid down in Article 17, the authorised representative shall be legally liable for non-compliance with this Regulation on the same basis as, and jointly and severally with, the manufacturer;
Amendment 111 #
2022/0140(COD)
Proposal for a regulation
Article 18 – paragraph 2 b (new)
Article 18 – paragraph 2 b (new)
2 b. In case of change of the authorised representative, the detailed arrangements for the change shall be clearly defined in an agreement between the manufacturer, or where practicable the outgoing authorised representative, and the incoming authorised representative.That agreement shall address at least the following aspects: (a) the date of termination of the mandate of the outgoing authorised representative and date of beginning of the mandate of the incoming authorised representative; (b) the transfer of documents, including confidentiality aspects and property rights;
Amendment 112 #
2022/0140(COD)
Proposal for a regulation
Article 19 – paragraph 2 – point a
Article 19 – paragraph 2 – point a
(a) the manufacturer has drawn up the technical documentation and the EU declaration of conformity and ensure that it is made available to market surveillance authorities at least 6 months before an EHR system is placed on the market or put into service;
Amendment 113 #
2022/0140(COD)
Proposal for a regulation
Article 19 – paragraph 2 – point a a (new)
Article 19 – paragraph 2 – point a a (new)
(a a) the manufacturer is identified and an authorised representative in accordance with Article 18 has been appointed;
Amendment 114 #
2022/0140(COD)
Proposal for a regulation
Article 19 – paragraph 2 – point c
Article 19 – paragraph 2 – point c
(c) the EHR system is accompanied by the information sheet referred to in Article 25 and appropriaby clear and complete instructions for use. in accessible formats for persons with disabilities.
Amendment 115 #
2022/0140(COD)
Proposal for a regulation
Article 19 – paragraph 3
Article 19 – paragraph 3
3. Importers shall indicate their name, registered trade name or registered trade mark and the address, the postal and electronic address and the telephone number at which they can be contacted in a document accompanying the EHR system. They shall ensure that any additional label does not obscure any information on the label provided by the manufacturer.
Amendment 116 #
2022/0140(COD)
Proposal for a regulation
Article 19 – paragraph 5
Article 19 – paragraph 5
5. Where an importer considers or has reason to believe that an EHR system is not in conformity with the essential requirements in Annex II, it shall not make that system available on the market until that system has been brought into conformity. The importer shall inform without undue delaymmediately inform the manufacturer of such EHR system and the market surveillance authorities of the Member State in which it made the EHR system available, to that effect. Where an importer considers or has reason to believe that an EHR system presents a risk to the health or safety of natural persons or to other aspects of public interest protection, it shall immediately inform the market surveillance authority of the Member State in which the importer is established, as well as the manufacturer and where applicable, the authorised representative.
Amendment 117 #
2022/0140(COD)
Proposal for a regulation
Article 19 – paragraph 7
Article 19 – paragraph 7
7. Importers shall, further to a reasoned request from a market surveillance authority, provide itat least 6 months before placing on the market or putting into service an EHR system, provide market surveillance authorities of the Member States concerned with all the information and documentation necessary to demonstrate the conformity of an EHR system in the official language of the Member State where the market surveillance authority is located. TheyImporters shall cooperate with that authority, at its request, and with the manufacturer and, where applicable, with the manufacturer’s authorised representative on any action taken to bring their EHR systems in conformity with the essential requirements laid down in Annex II, or to ensure that their EHR systems are withdrawn or recalled.
Amendment 119 #
2022/0140(COD)
Proposal for a regulation
Article 19 – paragraph 7 a (new)
Article 19 – paragraph 7 a (new)
7 a. If the importer fails to cooperate with market surveillance authorities or if the information and documentation provided is incomplete or incorrect, market surveillance authorities shall take all appropriate measures to prohibit or restrict its EHR system from being available on the market, to withdraw it from the market or to recall it until the importer cooperates or provides complete and correct information.
Amendment 120 #
2022/0140(COD)
Proposal for a regulation
Article 19 – paragraph 7 b (new)
Article 19 – paragraph 7 b (new)
7 b. Importers shall verify whether the communication channels referred to in Article 17(3c), are publicly available to users allowing them to submit complaints and communicate any risk related to their health and safety or to other aspects of public interest protection and of any serious incident involving an EHR system. If such channels are not available, the importer shall provide for them, taking into account accessibility needs for persons with disabilities.
Amendment 121 #
2022/0140(COD)
Proposal for a regulation
Article 19 – paragraph 7 c (new)
Article 19 – paragraph 7 c (new)
7 c. Importers shall investigate complaints and information on incidents involving an EHR system they made available on the market and file those complaints, as well as of systems recalls and any corrective measures taken to bring the EHR system into conformity, in the register referred to in Article 17(3e) or in their own internal register. Importers shall keep the manufacturer, distributors and, where relevant, authorised representatives informed in a timely manner of the investigation performed and of the results of the investigation.
Amendment 122 #
2022/0140(COD)
Proposal for a regulation
Article 19 – paragraph 7 d (new)
Article 19 – paragraph 7 d (new)
7 d. Personal data stored in the internal register of complaints shall only be those personal data that are necessary for the importer to investigate the complaint. Such data shall only be kept as long as it is necessary for the purpose of investigation and no longer than five years after they have been encoded.
Amendment 123 #
2022/0140(COD)
Proposal for a regulation
Article 20 – paragraph 1 – point c
Article 20 – paragraph 1 – point c
(c) the EHR system is accompanied by the information sheet referred to in Article 25 and appropriaby clear and complete instructions for use in accessible formats for persons with disabilities;
Amendment 124 #
2022/0140(COD)
Proposal for a regulation
Article 20 – paragraph 3
Article 20 – paragraph 3
3. Where a distributor considers or has reason to believe that an EHR system is not in conformity with the essential requirements laid down in Annex II, it shall not make the EHR system available on the market until it has been brought into conformity. Furthermore, the distributor shall inform without undue delaymmediately inform the manufacturer or the importer, as well as the market surveillance authorities of the Member states where the EHR system has been made available on the market, to that effect. Where a distributor considers or has reason to believe that an EHR system presents a risk to the health or safety of natural persons or to other aspects of public interest protection, it shall immediately inform the market surveillance authority of the Member State in which the distributor is established, as well as the manufacturer, the importer and where applicable, the authorised representative.
Amendment 125 #
2022/0140(COD)
Proposal for a regulation
Article 20 – paragraph 4
Article 20 – paragraph 4
4. Distributors shall, further to a reasoned request from a market surveillance authority, provide it with all the information and documentation necessary to demonstrate the conformity of an EHR system. They shall cooperate with that authority, at its request, and with the manufacturer, the importer and, where applicable, with the manufacturer’s authorised representative on any action taken to bring their EHR systems in conformity with the essential requirements laid down in Annex II. or to ensure that their EHR systems are withdrawn or recalled.
Amendment 127 #
2022/0140(COD)
Proposal for a regulation
Article 20 – paragraph 4 a (new)
Article 20 – paragraph 4 a (new)
4 a. Distributors that have received complaints from users about suspected incidents involving an EHR system they made available on the market, shall immediately forward this information to the manufacturer and, where applicable, the manufacturer's authorised representative and the importer. They shall keep a register of complaints, of non-conforming EHR systems and of recalls and withdrawals, and keep the manufacturer and, where available, the authorised representative and the importer informed of such monitoring and provide them with any information upon their request.
Amendment 128 #
2022/0140(COD)
Proposal for a regulation
Article 21 – title
Article 21 – title
Cases in which obligations of manufacturers of an EHR system apply to importers and distribuother economic operators
Amendment 130 #
2022/0140(COD)
Proposal for a regulation
Article 21 – paragraph 1
Article 21 – paragraph 1
An importer or distributoeconomic operator other than the manufacturer shall be considered a manufacturer for the purposes of this Regulation and shall be subject to the obligations laid down in Article 17, where they made an EHR system available on the market under their own name or trademark or modify an EHR system already placed on the market in such a way that conformity with the applicable requirements may be affected.
Amendment 137 #
2022/0140(COD)
Proposal for a regulation
Article 23 – paragraph 5
Article 23 – paragraph 5
5. Where common specifications covering interoperability and security requirements of EHR systems affect medical devices or high-risk AI systems falling under other acts, such as Regulations (EU) 2017/745 or […] [AI Act COM/2021/206 final], the adoption of those common specifications mayshall be preceded by a consultation with the Medical Devices Coordination Group (MDCG) referred to in Article 103 of Regulation (EU) 2017/745 or the European Artificial Intelligence Board referred to in Article 56 of Regulation […] [AI Act COM/2021/206 final], as applicable, as well as the European Data Protection Board referred to in Article 68 of Regulation (EU) 2016/679 .
Amendment 138 #
2022/0140(COD)
Proposal for a regulation
Article 23 – paragraph 6
Article 23 – paragraph 6
6. Where common specifications covering interoperability and security requirements of medical devices or high- risk AI systems falling under other acts such as Regulation (EU) 2017/745 or Regulation […] [AI Act COM/2021/206 final], impact EHR systems, the adoption of those common specifications shall be preceded by a consultation with the EHDS Board, especially its subgroup for Chapters II and III of this Regulation, and, where applicable, the European Data Protection Board referred to in Article 68 of Regulation (EU) 2016/679.
Amendment 139 #
2022/0140(COD)
Proposal for a regulation
Article 24 – paragraph 1
Article 24 – paragraph 1
1. ThManufacturers shall draw up and keep up-to-date technical documentation shall be drawn up before the EHR system is placed on the market or put into service and shall be . The technical documentation shall be submitted to the markept up-to-datsurveillance authorities of the Member States concerned at least 6 months before an EHR system is placed on the market or put into service.
Amendment 140 #
2022/0140(COD)
Proposal for a regulation
Article 24 – paragraph 2
Article 24 – paragraph 2
2. The technical documentation shall be drawn up in such a way as to demonstrate that the EHR system complies with the essential requirements laid down in Annex II and provide market surveillance authorities with all the necessary information to assess the conformity of the EHR system with those requirements. It shall contain, at a minimum, the elements set out in Annex III. In case the system or any part of it complies with European standards or common specifications, the list of the relevant European standards and common specifications shall also be indicated.
Amendment 141 #
2022/0140(COD)
Proposal for a regulation
Article 25 – paragraph 2 – point a
Article 25 – paragraph 2 – point a
(a) the identity, registered trade name or registered trademark, and the contact details of the manufacturer, including the postal and electronic address and the telephone number and, where applicable, of its authorised representative;
Amendment 142 #
2022/0140(COD)
Proposal for a regulation
Article 25 – paragraph 3
Article 25 – paragraph 3
3. The Commission is empowered to adopt delegated acts in accordance with Article 67 to supplement this Regulation by allowing manufacturers to enter the information referred to in paragraph 2 into the EU database of EHR systems and wellness applications referred to in Article 32, as an alternative to supplying the information sheet referred to in paragraph 1 with the EHR system.
Amendment 143 #
2022/0140(COD)
Proposal for a regulation
Article 26 – paragraph 1
Article 26 – paragraph 1
1. The EU declaration of conformity shall state that the manufacturer of the EHR system has demonstrated that the essential requirements laid down in Annex II have been fulfilled. The manufacturer shall regularly update the EU declaration of conformity.
Amendment 144 #
2022/0140(COD)
Proposal for a regulation
Article 26 – paragraph 4
Article 26 – paragraph 4
4. By drawing up the EU declaration of conformity, the manufacturer shall assume responsibility for the conformity ofcompliance with the requirements of this Regulation and of all Union acts applicable to the EHR system.
Amendment 145 #
2022/0140(COD)
Proposal for a regulation
Article 26 – paragraph 4 a (new)
Article 26 – paragraph 4 a (new)
4 a. The Commission is empowered to adopt delegated acts in accordance with Article 67 amending the minimum content of the EU declaration of conformity set out in Annex IV.
Amendment 147 #
2022/0140(COD)
Proposal for a regulation
Article 27 – paragraph 1 a (new)
Article 27 – paragraph 1 a (new)
1 a. The CE marking shall be affixed before making the EHR system available on the market.
Amendment 148 #
2022/0140(COD)
Proposal for a regulation
Article 27 – paragraph 2 a (new)
Article 27 – paragraph 2 a (new)
2 a. Where EHR systems are subject to other Union legislation in respect of aspects not covered by this Regulation, which also requires the affixing of the CE marking, the CE marking shall indicate that the systems also fulfil the requirements of that other legislation.
Amendment 151 #
2022/0140(COD)
Proposal for a regulation
Article 29 – paragraph 1 a (new)
Article 29 – paragraph 1 a (new)
1 a. Where a market surveillance authority, on the basis of the information and documentation demonstrating the conformity of an EHR system provided by the relevant economic operator, considers or has reason to believe that the EHR system presents a risk to the health or safety of natural persons or to other aspects of public interest protection, including before the EHR system is placed on the market or put into service, it shall perform all the necessary checks to ensure that the system is compliant with this Regulation.
Amendment 152 #
2022/0140(COD)
Proposal for a regulation
Article 29 – paragraph 1 b (new)
Article 29 – paragraph 1 b (new)
1 b. Where a market surveillance authority considers or has reason to believe that an EHR system has caused damage to the health or safety of natural persons or to other aspects of public interest protection, it shall immediately provide information and documentation, as applicable, to the affected person or user and, as appropriate, other third parties affected by the damage caused to the person or user, without prejudice to data protection rules.
Amendment 153 #
2022/0140(COD)
Proposal for a regulation
Article 29 – paragraph 4 – subparagraph 2
Article 29 – paragraph 4 – subparagraph 2
Such notification shall be made, without prejudice to incident notification requirements under Directive (EU) 2016/1148, immediately after the manufacturer has established a causal link between the EHR system and the serious incident or the reasonable likelihood of such a link, and, in any event, not later than 157 days after the manufacturer becomes aware of the serious incident involving the EHR system.
Amendment 154 #
2022/0140(COD)
Proposal for a regulation
Article 30 – paragraph 1 – introductory part
Article 30 – paragraph 1 – introductory part
1. Where a market surveillance authority makes, inter alia, one of the following findings, it shall require the manufacturer of the EHR system concerned, its authorised representative and all other relevant economic operators to put an end to the non-compliance concernedbring the EHR system into conformity:
Amendment 155 #
2022/0140(COD)
Proposal for a regulation
Article 30 – paragraph 1 – point a
Article 30 – paragraph 1 – point a
(a) the EHR system is not in conformity with essential requirements laid down in Annex II and with the common specifications in accordance with Article 23;
Amendment 156 #
2022/0140(COD)
Proposal for a regulation
Article 30 – paragraph 1 – point b
Article 30 – paragraph 1 – point b
(b) the technical documentation is either not available or not complete, or not in accordance with Article 24;
Amendment 157 #
2022/0140(COD)
Proposal for a regulation
Article 30 – paragraph 1 – point b a (new)
Article 30 – paragraph 1 – point b a (new)
Amendment 158 #
2022/0140(COD)
Proposal for a regulation
Article 30 – paragraph 1 – point c
Article 30 – paragraph 1 – point c
(c) the EU declaration of conformity has not been drawn up or has not been drawn up correctly as referred to in Article 26;
Amendment 159 #
2022/0140(COD)
Proposal for a regulation
Article 30 – paragraph 1 – point d a (new)
Article 30 – paragraph 1 – point d a (new)
(d a) the registration obligations of Article 32 has not been fulfilled.
Amendment 160 #
2022/0140(COD)
Proposal for a regulation
Article 31
Article 31
Amendment 163 #
2022/0140(COD)
Proposal for a regulation
Article 32 – title
Article 32 – title
Registration of EHR systems and wellness applications
Amendment 164 #
2022/0140(COD)
Proposal for a regulation
Article 32 – paragraph 1
Article 32 – paragraph 1
1. The Commission shall establish and maintain a publicly available database with information on EHR systems for which an EU declaration of conformity has been issued pursuant to Article 26 and wellness applications for which a label has been issued pursuant to Article 31.
Amendment 165 #
2022/0140(COD)
Proposal for a regulation
Article 32 – paragraph 2
Article 32 – paragraph 2
2. Before placing on the market or putting into service an EHR system referred to in Article 14 or a wellness application referred to in Article 31, the manufacturer of such EHR system or wellness application or, where applicable, its authorised representative shall register the required data into the EU database referred to in paragraph 1.
Amendment 166 #
2022/0140(COD)
Proposal for a regulation
Article 32 – paragraph 4
Article 32 – paragraph 4
4. The Commission is empowered to adopt delegated acts in accordance with Article 67 to determine the list of required data to be registered by the manufacturers of EHR systems and wellness applications pursuant to paragraph 2.
Amendment 191 #
2022/0140(COD)
Proposal for a regulation
Article 64 – paragraph 1
Article 64 – paragraph 1
1. A European Health Data Space Board (EHDS Board) is hereby established to facilitate cooperation and the exchange of information among Member States. The EHDS Board shall be composed of the high level representatives of digital health authorities and health data access bodies of all the Member States. Other national authorities, including market surveillance authorities referred to in Article 28, European Data Protection Board and European Data Protection Supervisor mayshall be invited to the meetings, where the issues discussed are of relevance for them. The Board may also invite experts and observers to attend its meetings, and may cooperate with other external experts as appropriate. Other Union institutions, bodies, offices and agencies, research infrastructures and other similar structures shall have an observer role.
Amendment 195 #
2022/0140(COD)
Proposal for a regulation
Article 69 – paragraph 1
Article 69 – paragraph 1
Member States shall lay down the rules on penalties applicable to infringements of this Regulation and shall take all measures necessary to ensure that they are properly and effectively implemented. The penalties shall be effective, proportionate and dissuasive. Member States shall notify the Commission of those rules and measures by date of application of this Regulation and shall notify the Commission without delay of any subsequent amendment affecting them.
Amendment 196 #
2022/0140(COD)
Proposal for a regulation
Article 69 – paragraph 1 a (new)
Article 69 – paragraph 1 a (new)
When deciding on the amount of the penalty in each individual case, all relevant circumstances of the specific situation shall be taken into account and due regard shall be given to the following: (a) the nature, gravity and duration of the infringement and of its consequences, taking into account the nature, scope as well as the number of users affected and the level of damage suffered by them; (b) whether penalties have been already applied by other competent authorities to the same infringing party; (c) the size and market share of the economic operator committing the infringement; (d) the intentional or negligent character of the infringement; (e) any action taken by the infringing party to mitigate the damage of the infringement; (f) the degree of responsibility of the infringing party taking into account technical and organisational measures implemented to prevent the infringement; (g) the degree of cooperation with the competent authorities, in order to remedy the infringement and mitigate the possible adverse effects of the infringement; (h) the manner in which the infringement became known to the competent authorities, in particular whether, and if so to what extent, the infringing party notified the infringement; (i) any other aggravating or mitigating factor applicable to the circumstances of the case, such as financial benefits gained, or losses avoided, directly or indirectly, from the infringement.
Amendment 199 #
2022/0140(COD)
Proposal for a regulation
Article 69 – paragraph 1 b (new)
Article 69 – paragraph 1 b (new)
The non-compliance of an EHR system with any requirements or obligations under this Regulation, including the supply of incorrect, incomplete or misleading information to national competent authorities, shall be subject to penalties of up to 20 000 000 EUR or up to 6% of its total worldwide annual turnover for the preceding financial year, whichever is higher.
Amendment 202 #
2022/0140(COD)
Proposal for a regulation
Article 70 – paragraph 1
Article 70 – paragraph 1
1. After 53 years from the entry into force of this Regulation, the Commission shall carry out a targeted evaluation of this Regulation especially with regards to Chapter III, and submit a report on its main findings to the European Parliament and to the Council, the European Economic and Social Committee and the Committee of the Regions, accompanied, where appropriate, by a proposal for its amendment. The evaluation shall include an assessment of the self-certification of EHR systems and reflect on the need to introduce a conformity assessment procedure performed by notified bodies, as well as the need to designate a public testing facility of a Member State as a Union testing facility, pursuant to Article 21 of Regulation (EU) 2019/1020.
Amendment 205 #
2022/0140(COD)
Proposal for a regulation
Article 70 – paragraph 2
Article 70 – paragraph 2
2. After 75 years from the entry into force of this Regulation, the Commission shall carry out an overall evaluation of this Regulation, and submit a report on its main findings to the European Parliament and to the Council, the European Economic and Social Committee and the Committee of the Regions, accompanied, where appropriate, by a proposal for its amendment.
Amendment 209 #
2022/0140(COD)
Proposal for a regulation
Article 71 a (new)
Article 71 a (new)
Article 71 a Representative Actions Directive (EU) 2020/1828 shall apply to the representative actions brought against infringements by economic operators of provisions of this Regulation that harm or may harm the collective interests of consumers.
Amendment 133 #
2022/0115(COD)
Proposal for a regulation
Recital 17
Recital 17
(17) It is possible for certain Member States to obtain a derogation from the Member States’pt-out from their obligation to designate a national authority in respect of geographical indications for craft and industrial products to take charge of the procedures for registration, national opposition, amendments to the product specification and cancellation of the registration under certain circumstances specified in this Regulation. That derogation, that should take the form of a Commission Decision,. That derogation can also takes into account the fact that certain Member States do not have a specific national system for the management of geographical indications for craft and industrial products and that the local interest in these countries to protect these geographical indications is minimal. Under these circumstances, it would not be justified to oblige the respective Member State to set up an infrastructure, employ the necessary personnel and purchase facilities for the management of these geographical indications. It is more effective and economical to provide an alternative procedure for the producer groups from these Member States to protect their products by a geographical indication. The “direct registration procedure” has cost advantages reaped by Member States. Pursuant to this derogation, procedures for registration, amendments to the product specification and cancellation should be managed directly by the Office. In this regard the Office should receive the effective assistance of the administrative authorities of that Member State when required by the Office, through designation of a contact point, as regards in particular aspects related to the examination of the application. In those cases, the Office should be entitled to charge a registration fee, considering that this procedure generates more work for the Office than the management of Union applications. However, the application of the “direct registration procedure” should not exempt Member States from the obligation to designate a competent authority for the controls and enforcement and to take the necessary actions to enforce the rights set out in this Regulation. The competent authority maintained or designated for the management of the geographical indications and the competent authority designated for the controls and enforcement may differ, when a Member State so decides.
Amendment 134 #
2022/0115(COD)
Proposal for a regulation
Recital 18
Recital 18
Amendment 137 #
2022/0115(COD)
Proposal for a regulation
Recital 22
Recital 22
(22) To ensure transparency and uniformity across Member States, it is necessary to establish and maintain an electronic Union register of geographical indications for craft and industrial products. The register should be an electronic database stored within an information system, and should be easily accessible to the public in machine- readable, commonly used formats. The Union register of geographical indications for craft and industrial products should be developed, kept and maintained by the Office and also the personnel for its operation should be provided by the Office. The register of geographical indications for craft and industrial products should be included in the database already administered by the Office aggregating all geographical indications registered in the EU and at international level.
Amendment 140 #
2022/0115(COD)
Proposal for a regulation
Recital 27
Recital 27
(27) It is necessary to establish an Advisory Board, which is a pool of experts, composed of representatives from Member States and the Commission. The purpose of the Advisory Board is to provide the necessary local knowledge and expertise concerning certain products and knowledge about the local circumstances that may influence the outcome of the procedures laid down in this Regulation. In order to support the Office on its assessment of individual applications at any stage of the examination, opposition, appeal or other procedures with specific technical knowledge, the Geographical Indications Division or the Boards of Appeal, at its own initiative or at the request of the Commission, should have the possibility to consult the Advisory Board. The consultation, when necessary, should also include a general opinion on assessing quality criteria, establishing reputation and renown, determining generic nature of a name, and assessing fair competition in commercial transactions and the risk of confusing consumers. The opinion of the Advisory Board should not be binding. The Advisory Board should also include experts in the field of the product category concerned, including from academia. The appointment procedure of the experts and the operation of the Advisory Board should be specified in the rules of procedure of the Advisory Board approved by the Management Board.
Amendment 141 #
2022/0115(COD)
Proposal for a regulation
Recital 30 a (new)
Recital 30 a (new)
(30a) Homonymous indications are spelled or pronounced in the same way, but refer to different geographical areas. A name which is wholly or partly homonymous with a geographical indication registered or applied for earlier, should not be registered, unless certain circumstances make its protection justified, considering the need for equal treatment of the producers and the need for consumers not to be misled as to the true origin of the products.
Amendment 142 #
2022/0115(COD)
Proposal for a regulation
Recital 33
Recital 33
(33) The relationship between internet domain names and geographical indications should be clarified as regards the scope of the application of the remedy measures, the recognition of geographical indications in dispute resolution, and the fair use of domain names. Persons having a legitimate interest in a registered geographical indicationThe holders of a registered geographical indication or a producer group having a legitimate interest in it should be empowered to request for the revocation or the transfer of the domain name in case the conflicting domain name has been registered by its holder without rights or legitimate interest in the geographical indication or if it has been registered or is being used in bad faith and its use contravenes the protection of a geographical indication. Alternative dispute resolution procedures should not prejudice the possibility of bringing domain name disputes before a national court. In case of conflicts on domain names with non-EU Country-codes, or with EU country codes concerning non- EU Geographical Indications, the dispute settlement should be conducted by EUIPO in cooperation with the international dispute settlement systems already in place, such as the ones managed by WIPO and ICANN.
Amendment 145 #
2022/0115(COD)
Proposal for a regulation
Recital 40
Recital 40
(40) The added value of geographical indications is based on consumer trust. Such trust can only be well-founded if the registration of geographical indications is accompanied by effective verification and controls, including the producer’s due diligence. Citizens and consumers should expect that any geographical indication count with robust verification and control systems, regardless of whether the products originate from the EU or a third country.
Amendment 213 #
2022/0115(COD)
Proposal for a regulation
Article 7 – paragraph 1 – point a a (new)
Article 7 – paragraph 1 – point a a (new)
(aa) the type of product(s) covered by the name;
Amendment 220 #
2022/0115(COD)
Proposal for a regulation
Article 7 – paragraph 1 – point h a (new)
Article 7 – paragraph 1 – point h a (new)
(ha) the competent product inspection authority;
Amendment 258 #
2022/0115(COD)
Proposal for a regulation
Article 15 – paragraph 1 – introductory part
Article 15 – paragraph 1 – introductory part
1. By way of derogation from Article 11, the Commission shall be empowered to exempt a Member State may opt-out from the obligation to designate a competent authority in accordance with Article 11(1) and to handle the management of the applications of geographical indications for craft and industrial products at national level, if the Member State, by 6 months from the date of entry into force of this Regulation, provideinforms the Commission about its opt-out with evidence that shows that the following conditions are met:
Amendment 262 #
2022/0115(COD)
Proposal for a regulation
Article 15 – paragraph 2
Article 15 – paragraph 2
2. The Commission may request further information from the Member State before adopting a Commission Decision on the derogation referred in paragraph 1.
Amendment 265 #
2022/0115(COD)
Proposal for a regulation
Article 15 – paragraph 5
Article 15 – paragraph 5
Amendment 296 #
2022/0115(COD)
Proposal for a regulation
Article 26 – paragraph 1
Article 26 – paragraph 1
1. A publicly accessiblen electronic Union register of geographical indications for craft and industrial products shall be made easily accessible to the public, in machine- readable, commonly used formats. It shall be developed, kept and maintained by the Office for the management of geographical indications for craft and industrial products.
Amendment 322 #
2022/0115(COD)
Proposal for a regulation
Article 33 – paragraph 5
Article 33 – paragraph 5
5. The Advisory Board shall be composed of one representative of each Member State and, one representatives of the Commission and their respective altern, their respective alternates and independent experts in the field of the product category concerned, including from academia, as well as representatives of regional or local authorities, where appropriates.
Amendment 332 #
2022/0115(COD)
Proposal for a regulation
Article 35 – paragraph 1 – point b
Article 35 – paragraph 1 – point b
(b) any misuse, imitation or misleading evocation, even if the true origin of the products or services is indicated or if the protected geographical indication is translated or accompanied by an expression such as ‘style’, ‘type’, ‘method’, ‘as produced in’, ‘imitation’, ‘flavour’, ‘like’ or similar;
Amendment 335 #
2022/0115(COD)
Proposal for a regulation
Article 35 – paragraph 3
Article 35 – paragraph 3
3. Paragraph 1 shall also apply to a domain name containing or consisting of the registered geographical indication within the limits of Article 41.
Amendment 357 #
2022/0115(COD)
Proposal for a regulation
Article 41 – paragraph 1
Article 41 – paragraph 1
1. Country-code top-level domain name registries established in the Union may, upon request of a natural or legal person having a legitimate interest or rightsbeing the rights-holder of a geographical indication or being mandated by a producer group having a legitimate interest in a protected geographical indication, revoke or transfer a domain name registered under such country-code top- level domain to the producer group of the products with the geographical indication concerned, following an appropriate alternative- dispute-resolution procedure or judicial procedure, if such domain name has been registered by its holder without rights or legitimate interest in the geographical indication or if it has been registered or is being used in bad faith and its use contravenes Article 35.
Amendment 363 #
2022/0115(COD)
Proposal for a regulation
Article 44 – paragraph 2
Article 44 – paragraph 2
2. In the case of craft and industrial products originating in the Union that are marketed under a geographical indication, the Union symbol referred to in paragraph 1 mayshall appear on the labelling and advertising material or communication materials. The geographical indication shall be in the same field of vision as the Union symbol.
Amendment 398 #
2022/0115(COD)
Proposal for a regulation
Article 64 – paragraph 1 a (new)
Article 64 – paragraph 1 a (new)
The Office shall ensure that digital systems are made easily accessible to the public, in machine-readable and commonly used formats, and design it in such a way that it can be used by the Member States’ competent authorities for their national procedure in accordance with this Regulation.
Amendment 64 #
2022/0092(COD)
Proposal for a directive
Recital 1
Recital 1
(1) In order to tackle unfair commercial practices which prevent consumers from making sustainable consumption choices, such as practices associated with the early obsolescence of goods, misleading or false environmental claims (“greenwashing”), non-transparent, non-certified and non- credible sustainability labels or sustainability information tools, specific rules should be introduced in Union consumer law. This would enable national competent bodies to address those practices effectively. By ensuring that environmental claims are reliable and fair, consumers will be able to choose products that are genuinely better for the environment than competing products. This will encourage competition towards more environmentally sustainable products, thus reducing negative impact on the environment.
Amendment 66 #
2022/0092(COD)
Proposal for a directive
Recital 3
Recital 3
(3) In order to deter traders from deceiving consumers as regards the environmental or social impact, durability or reparability of their products, including through the overall presentation of the products, Article 6(1) of Directive 2005/29/EC should be amended by adding the environmental or social impact, durability and reparability of the product to the list of the main characteristics of the product in respect of which the trader’s practices can be considered misleading, following a case-by-case assessment. Information provided by traders on the social sustainability of products, such as working conditions, charity contributions or animal welfare, should not mislead consumers either. This includes statements such as “fairly produced”, “sustainable sound production”, "socially just". Making generic social claim should therefore be added to the Annex I of this Directive.
Amendment 69 #
2022/0092(COD)
Proposal for a directive
Recital 4
Recital 4
(4) Environmental claims, in particular climate-related claims, increasingly relate to future performance in the form of a transition to carbon or climate neutrality, or a similar objective, by a certain date. Through such claims, traders create the impression that consumers contribute to a low-carbon economy by purchasing their products. In the same vein, fossil fuel advertising suggests absolute environmental benefit of fossil fuels that are likely to be understood as factual statements by consumers whereas this is misleading. To ensure the fairness and credibility of such claims, Article 6(2) of Directive 2005/29/EC should be amended to prohibit such claims, following a case- by-case assessment, when based on offsetting schemes or when they are not supported by clear, objective and verifiable commitments and targets given by the trader. S as well as complemented by a realistic implementation plan to achieve this future environmental performance through the establishment of interim targets, based on existent and economically viable technologies, and allocation of sufficient resources. Those plans should be made publicly available and regularly reviewed and updated. Traders relying on such claims should also be supported by an accredited independent monitoring system to monitor the progress of the traderimplementation plan with regard to the commitments and targets.
Amendment 74 #
2022/0092(COD)
Proposal for a directive
Recital 7
Recital 7
(7) The displaying of sustainability labels which are not based on a certification scheme or not established by public, comparison and information tools which were not pre-approved by a national or an EU authoritiesy should be prohibited by including such practices in the list in Annex I to Directive 2005/29/EC. The certification scheme should fulfil minimum transparency and credibility conditions. The displaying of sustainability labels remains possible without a certification scheme where such labels are established by a public authority, or in case of additional forms of expression and presentation of food in accordance with Article 35 of Regulation (EU) No 1169/2011Such pre-approval of sustainability label, comparison and information tools should be subject to minimum requirements such as publicly available award criteria, developed through independent processes and going beyond what is required by EU legislation, impartial control procedures through accredited third-party verification schemes; accessibility and affordability for all market players, transparency for consumers on both processes and decision-taking; scientific robustness and stakeholder relevance, availability of compliance and dispute resolution mechanisms, regular review and update of award criteria. In case a sustainability label or an information and comparison tool concerns one environmental aspect of a product or service, this should be clearly displayed to consumers. All pre-approved sustainability labels and information and comparison tools should be registered in a database available to the public. Sustainability labels established by public authorities should not undergo a pre- approval procedure. This rule complements point 4 of Annex I to Directive 2005/29/EC which prohibits claiming that a trader, the commercial practices of a trader, or a product has been approved, endorsed or authorised by a public or private body when it has not, or making such a claim without complying with the terms of the approval, endorsement or authorisation.
Amendment 78 #
2022/0092(COD)
Proposal for a directive
Recital 9
Recital 9
(9) Annex I to Directive 2005/29/EC should also be amended to prohibit making generic environmental claims without recognised excellent environmental performance which is relevant to the claim. Examples of such generic environmental claims are ‘environmentally friendly’, ‘eco-friendly’, ‘eco’, ‘green’, ‘nature’s friend’, 'natural', 'animal-friendly', 'cruelty-free', 'sustainable', ‘ecological’, ‘environmentally correct’, ‘climate friendly’, ‘gentle on the environment’, 'deforestation-free', ‘carbon friendly’, ‘carbon neutral’, ‘carbon positive’, ‘carbon-proof certified’, ‘carbon neutral certified’, ‘climate neutral’, ‘energy efficient’, ‘biodegradable’, ‘plastic neutral’, ‘plastic-free’, ‘biobased’ or similar statements, as well as broader statements such as ‘conscious’ or ‘responsible’ that suggest or create the impression of excellent environmental performance. Such generic environmental claims should be prohibited whenever there is no excellent environmental performance demonstrated or whenever the specification of the claimy are based on offsetting of environmental impacts such as purchase of carbon or plastic credits, or whenever there is no excellent environmental performance demonstrated or whenever the specification of the claim, based on scientific and objective methodologies such as the Product Environmental Footprint set out in the Commission Recommendation(EU)2021/2279 or equivalent methods established under Union or national law, is not provided in clear and prominent terms on the same medium, such as the same advertising spot, product’s packaging or online selling interface. For example, the claim ‘biodegradable’, referrThis is particularly important to prohibit claims suggesting tohat a product, would be a generic claim, whilst claiming or service has a neutral or positive carbon emissions’ impact on the environment in the sense that ‘the packaging is biodegradable through home composting in one month’ would be a specific claim, which does not fall under this prohibitiony mislead consumers by making them believe that the product they buy has no impact on the environment while it cannot be substantiated by scientific evidence.
Amendment 85 #
2022/0092(COD)
Proposal for a directive
Recital 12
Recital 12
(12) The Circular Economy Action Plan24 provides for the need to set the rules on environmental claims using Product and Organisation Environmental Footprint methods. Additional requirements onsetting a pre-approval procedure for environmental claims will have to be set in specific Union legislation. Those new requirements will contribute to the Green Deal25 objective of enabling buyers to make more sustainable decisions and reduce the risk of greenwashing through reliable, comparable and verifiable information. __________________ 24 COM(2020)98 final, 11 March 2020. 25 COM(2019)640 final, 11 December 2019.
Amendment 86 #
2022/0092(COD)
Proposal for a directive
Recital 14
Recital 14
(14) In order to improve the welfare of consumers, the amendments to Annex I to Directive 2005/29/EC should also address several practices associated with early obsolescence, including planned obsolescence practices,. Planned obsolescence is generally understood as a commercial policy involving deliberately planning or designing a product with a limited useful life so that it prematurely becomes obsolete or non-functional after a certain period of time. Premature obsolescence of products can occur when there is no deliberate intent to limit the lifetime of a product due, for example, to a design issue that leads to early failure. Hence, some minimum durability and reparability requirements for products should be established in Regulation EU [Ecodesign for Sustainable Products]. Marketing products that do not respect these minimum requirements once established should be prohibited and give consumers access to remedies in case of infringement. Purchasing products that are expected to last longer than they actually do causes consumer detriment. Furthermore, early obsolescence practices have an overall negative impact on the environment in the form of increased material waste. Therefore, addressing those practices are also likely to reduce the amount of waste, contributing to a more sustainable consumption.
Amendment 91 #
2022/0092(COD)
Proposal for a directive
Recital 15
Recital 15
(15) It should be prohibited to omit to informprovide the consumer that a software update, including a security update, that will negatively impact the use of goods with digital elements or certain features of those goods, even if the update improves the functioning of other features. For example, when inviting consumers to update the operating system on their smartphone, the trader will have to inform the consumer if such an update will negatively impact urthermore, it should be prohibited to supply security updates together withe functioning of any of ality updates or other features of the smartphone-related upgrades.
Amendment 96 #
2022/0092(COD)
Proposal for a directive
Recital 16
Recital 16
(16) It should also be prohibited to omit to inform the consumer about the existence of a feature of the good introduceintroduce feature into the design of the good to limit its durability. For example, such a feature could be software which stops or downgrades the functionality of the good after a particular period of time, or it could be a piece of hardware which is designed to fail after a particular period of time. The prohibition of omitting to inform consumersintroduction of such features of the goods complements and does not affect the remedies available to consumers when they constitute a lack of conformity under Directive (EU) 2019/771 of the European Parliament and of the Council26 . For such a commercial practice to be considered unfair, it should not be necessary to demonstrate that the purpose of the feature is to stimulate the replacement of the respective good. The use of features limiting the durability of the goods should be distinguished from manufacturing practices using materials or processes of general low quality resulting in limited durability of the goods. Lack of conformity of a good resulting from the use of low quality materials or processes should continue to be governed by the rules on the conformity of goods set out in Directive (EU) 2019/771. __________________ 26 Directive (EU) 2019/771 of the European Parliament and of the Council of 20 May 2019 on certain aspects concerning contracts for the sale of goods, amending Regulation (EU) 2017/2394 and Directive 2009/22/EC, and repealing Directive 1999/44/EC (OJ L 136, 22.5.2019, p. 28).
Amendment 100 #
2022/0092(COD)
Proposal for a directive
Recital 18
Recital 18
(18) Similarly, Annex I to Directive 2005/29/EC should also be amended to prohibit presenting products as allowing repair when such repair is not possible, as well as omitting to inform consumers that it is not possible tothe marketing of products that cannot be repair goodsed, in accordance with legal requirements under Regulation EU [Ecodesign for Sustainable Products].
Amendment 104 #
2022/0092(COD)
Proposal for a directive
Recital 20
Recital 20
(20) Another practice associated with early obsolescence which should be prohibited and added to the list in Annex I to Directive 2005/29/EC is inducing the consumer intothe marketing of goods that require replacing the consumables of a product earlier than would otherwise be necessary for technical reasons. Such practices mislead the consumer into believing thats to situations where the goods will no longer function unless their consumables are replaced, thus leading themconsumers to purchase more consumables than necessary. For example, the practice of urging the consumer, via the settings of the printer, to replace the printer ink cartridges before they are actually empty in order to stimulate the purchase of additional ink cartridges would be prohibited.
Amendment 105 #
2022/0092(COD)
Proposal for a directive
Recital 21
Recital 21
(21) Annex I to Directive 2005/29/EC should also be amended to prohibit omitting to inform the consumer that the good ismarketing of goods that are designed to limit itstheir functionality when using consumables, spare parts or accessories that are not provided by the original producer. For example, the marketing of printers that are designed to limit their functionality when using ink cartridges not provided by the original producer of the printer without disclosing this information to the consumer would be prohibited. This practice could mislead consumers into purchasing an alternative ink cartridge which cannot be used for that printer, thus leading to unnecessary repair costs, waste streams or additional costs due to the obligation to use the original producer’s consumables which the consumer could not foresee at the time of purchase. Similarly, marketing smart devices designed to limit their functionality when using chargers or spare parts that are not provided by the original producer without disclosing this information to the consumer would be prohibited as well.
Amendment 108 #
2022/0092(COD)
Proposal for a directive
Recital 21 a (new)
Recital 21 a (new)
(21a) Audiovisual commercial communication influence consumer behaviour and encourage consumption of displayed products. Commercial communication are responsible for generating transactional decisions that would not have been taken otherwise. In order to engage consumers in the green transition, it is necessary that commercial communication be reserved for goods compatible with our environmental goals. Accordingly, those goods who have the worst environmental impact should be precluded from being promoted through commercial communications.
Amendment 109 #
2022/0092(COD)
Proposal for a directive
Recital 22
Recital 22
(22) In order for consumers to take better informed decisions and stimulate the demand for, and the supply of, more durable goods, specific information about a product’s durability and reparability should be provided for all types of goods before concluding the contract, through clear and easy-to-understand labels or, when such labels are not required under Union or national law, through minimum information requirements. Moreover, as regards goods with digital elements, digital content and digital services, consumers should be informed about the period of time during which free software updates are available in accordance with requirements under Union or national law, which is as a minimum, for a period of time that the consumer may reasonably expect. Free software updates should include both security and functionality updates, to be provided independently from each other. Therefore, Directive 2011/83/EU of the European Parliament and of the Council27 should be amended to provide consumers with pre-contractual information about durability, reparability and the availability of updates. Information should be provided to consumers in a clear and comprehensible manner and in line with the accessibility requirements of Directive 2019/88228 . The obligation to provide this information to consumers complements and does not affect the rights of consumers provided in Directives (EU) 2019/77029 and (EU) 2019/77130 of the European Parliament and of the Council. __________________ 27 Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights, amending Council Directive 93/13/EEC and Directive 1999/44/EC of the European Parliament and of the Council and repealing Council Directive 85/577/EEC and Directive 97/7/EC of the European Parliament and of the Council (OJ L 304, 22.11.2011, p. 64). 28 Directive 2019/882/EU of the European Parliament and of the Council of 17 April 2019 on the accessibility requirements for products and services (OJ L 151, 7.6.2019, p. 70). 29 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). 30 Directive (EU) 2019/771 of the European Parliament and of the Council of 20 May 2019 on certain aspects concerning contracts for the sale of goods, amending Regulation (EU) 2017/2394 and Directive 2009/22/EC, and repealing Directive 1999/44/EC (OJ L 136, 22.5.2019, p. 28).
Amendment 113 #
2022/0092(COD)
Proposal for a directive
Recital 23
Recital 23
(23) A good indicator of a good’s durability is the producer’s commercial guarantee of durability within the meaning of Article 17 of Directive (EU) 2019/771. Therefore, Directive 2011/83/EU should be amended to specifically require traders selling goods to inform consumers about the existence of the producer’s commercial guarantee of durability for all types of goods, where the producer makes this iduration of the legal guarantee of conformity, and where available, its voluntary extension provided by the trader or the producer free of charge Therefore, Directive 2011/83/EU should be amended to specifically require traders selling goods to inform consumers before the conclusion of the contract through a label on guaranteed lifetime of a good. Such label should include as a minimum the duration of the legal guarantee of conformity, and where provided on a voluntary basis by the producer, the duration of its extension. Information on availableility of after-sales and repair services should also be provided.
Amendment 115 #
2022/0092(COD)
Proposal for a directive
Recital 24
Recital 24
Amendment 119 #
2022/0092(COD)
Proposal for a directive
Recital 25
Recital 25
Amendment 120 #
2022/0092(COD)
Proposal for a directive
Recital 26
Recital 26
Amendment 122 #
2022/0092(COD)
Proposal for a directive
Recital 28
Recital 28
Amendment 124 #
2022/0092(COD)
Proposal for a directive
Recital 29
Recital 29
(29) To promote competition between producers as regards the durability of goods with digital elements the traders selling those goods should inform consumers about the minimum period of time during which the producer commits to provide software updates for such goods. However, to avoid overloading consumers with information, such information should only be provided when this period is longer than the period of the producer’s commercial guarantee of durability, as that guarantee entails the provision of updates, including security updates, that are necessary to maintain the required functions and performance of goods with digital elements. Furthermore, information about the producer’s commitment to provide software updates is relevant only where the sales contract regarding goods with digital elements provides for a single act of supply of the digital content or digital service in respect of which Article 7(3), point (a), of Directive (EU) 2019/771 applies. In contrast, there should be no new obligation to provide that information where the sales contract provides for a continuous supply of the digital content or digital service over a period of time, since for those contracts Article 7(3), point (b), ofAs a minimum this period of time should be the one the consumer may reasonably expect as required under Directive (EU) 2019/771 specifies, by reference to Article 10 (2) or (5), the period of time during which the seller is to ensure that the consumer is informed of and supplied with updates.
Amendment 127 #
2022/0092(COD)
Proposal for a directive
Recital 30
Recital 30
(30) Likewise, traders offering digital content and digital services should also inform consumers about the minimum period during which the provider of the digital content or digital service, where the provider is different from the trader, commits to provide software updates, including security updates, necessary to keep the digital content and digital services in conformity. Information about the provider’s commitment to provide software updates is relevant only where the contract proLikewise, traders offering digital content and digital servidces for a single act of supply or a series of individual acts of supply in respect of which Article 8(2), point (b), of Directive 2019/770 applies. In contrast, there should be no new obligation to provide that information where the contract provides for a continuous supply over a period of time, since for these contracts Article 8(2), point (a) of Directive (EU) 2019/770 specifies the period of time during which the trader is to ensure that the consumer is informed of and supplied witshould also inform consumers about the minimum period during which the provider of the digital content or digital service, where the provider is different from the trader, will provide software updates, including security updates, necessary to keep the digital content and digital services in conformity. This information should include as a minimum the mandatory period foreseen under EU law to provide such updates.
Amendment 132 #
2022/0092(COD)
Proposal for a directive
Recital 31
Recital 31
(31) To allow consumers to make an informed transactional decision and choose goods that are easier to repair, traders should providedisplay, before the conclusion of the contract, for all types of goods, where applicable, the reparability score of the good as provided by the producer in accordance with Union or national law.
Amendment 136 #
2022/0092(COD)
Proposal for a directive
Recital 32
Recital 32
(32) Pursuant to Article 5(1), point (e), and Article 6(1), point (m), of Directive 2011/83/EU traders are obliged to provide the consumer before the consumer is bound by the contract with information on the existence and the conditions of after-sales services, including repair services, where such services are provided. In addition, in order to ensure that consumers are well informed about the reparability of the goods they purchase, where a reparability score is not established in accordance with Union or national law, traders should provide, for all types of goods, other relevant repair information that is made available by the producer, such as information about the availability of spare parts, and a user and repair manual.
Amendment 139 #
2022/0092(COD)
Proposal for a directive
Recital 33
Recital 33
(33) Traders should provide consumers with information about the existence and duration of the producer’s commercial guarantee of durability, the minimum period for updates and the repair information other than the reparability score, where the producer or provider of the digital content or digital service, when different from the trader, makes the relevant information availableduration of legal guarantee of conformity and, where provided by producer free of charge, its voluntary extension, the minimum period for updates and the repair information other than the reparability score,. In particular, as regards goods, the trader should convey to consumers the information that the producer has provided to the trader or has otherwise intended to make readily available to the consumer before the conclusion of the contract, by indicating it on the product itself, its packaging or tags and labels that the consumer would normally consult before concluding the contract. The trader should not be required to actively search for such information from the producer, for example, on the product-specific websites. Where the producer does not make this information available, the consumer should be informed thereof.
Amendment 148 #
2022/0092(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Directive 2005/29/EC
Article 2 – paragraph 1 – point o a (new)
Article 2 – paragraph 1 – point o a (new)
(oa) ‘generic social claim’ means any message or representation, which is not mandatory under Union law or national law, or specific and based on a certification scheme, including text, pictorial, graphic or symbolic representation, in any form, including labels, brand names, company names or product names, in the context of a commercial communication, which states or implies that a product or trader has been produced in accordance with social justice issues such as gender or racial equality, or that a trader made specific commitments towards fundamental rights, labour norms' respect or working conditions throughout the conception, the manufacturing process of the product and its components, and its distribution, compared to other products or traders;
Amendment 151 #
2022/0092(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Directive 2005/29/EC
Article 2 – paragraph 1 – point p
Article 2 – paragraph 1 – point p
Amendment 154 #
2022/0092(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
(q) ‘generic environmental claim’ means any explicit environmental claim in any form, not contained in a sustainability label, where the specification of the claim is not provided in clear and prominent terms on the same medium;
Amendment 157 #
2022/0092(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Directive 2005/29/EC
Article 2 – paragraph 1 – point r
Article 2 – paragraph 1 – point r
(r) ‘sustainability label’ means any voluntary trust mark, quality mark or equivalent, either public or private, that aims to set apart and promote a product, a process or a business with reference to its environmental or social aspects or both , and for which criteria are publicly available free of cost, developed and regularly updated through independent processes, while reflecting significant improvements compared to minimum product requirements under Union or national law. This does not cover any mandatory label required in accordance with Union or national law;
Amendment 158 #
2022/0092(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Directive 2005/29/EC
Article 2 – paragraph 1 – point r a (new)
Article 2 – paragraph 1 – point r a (new)
(ra) 'pre-approval procedure’ means an ex-ante conformity assessment of the environmental claim, sustainability label or sustainability information tool by an EU body or a national competent authority based on requirements and criteria established in accordance with Union or national law;
Amendment 160 #
2022/0092(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Directive 2005/29/EC
Article 2 – paragraph 1 – point s
Article 2 – paragraph 1 – point s
(s) ‘certification scheme’ means a third-party verification scheme that is open underaccredited in accordance with Regulation 765/2008 that is open under publicly available transparent, fair and non- discriminatory terms and at reasonable costs to all traders willing and able to comply with the scheme’s requirements, which certifies that a product complies with certain transparent, scientific, verifiable and publicly available requirements, and for which the monitoring of compliance isand award of the certificate are objective, based on international, Union or national standards and procedures and carried out by a party independent from both the scheme owner and the trader;
Amendment 166 #
2022/0092(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Directive 2005/29/EC
Article 2 – paragraph 1 – point t
Article 2 – paragraph 1 – point t
(t) ‘sustainability information and comparison tool’ means software, including a website, part of a website or an application, operated by or on behalf of a trader, which provides information to consumers about environmental or social aspects of products, or which compares products on those aspects; . Any comparison shall be objective, by, in particular, comparing products or features of a product which serve the same function, using a common methodology based on verifiable data;
Amendment 168 #
2022/0092(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Directive 2005/29/EC
Article 2 – paragraph 1 – point v
Article 2 – paragraph 1 – point v
(v) ‘durability’ means durthe ability as defined in Article 2, point (13), of Directive (EU) 2019/771 of the European Parliament and of the Council**; ______ ** Directive (EU) 2019/771 of the European Parliament and of the Council of 20 May 2019 on certain aspects concerning contracts for the sale of goods, amending Regulation (EU) 2017/2394 and Directive 2009/22/EC, and repealing Directive 1999/44/EC (OJ L 136, 22.5.2019, p. 28).’of a product to function and maintain for a certain period of time its required function and performance under normal conditions of use, maintenance and repair;
Amendment 169 #
2022/0092(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Directive 2005/29/EC
Article 2 – paragraph 1 – point v a (new)
Article 2 – paragraph 1 – point v a (new)
(va) ‘premature obsolescence’ means practices that lead to the shortening of a product’s lifespan, either through its design or by not providing essential elements required for the product’s functioning;
Amendment 173 #
2022/0092(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Directive 2005/29/EC
Article 2 – paragraph 1 - point w a (new)
Article 2 – paragraph 1 - point w a (new)
(wa) ‘security update’ means an operating system update, including security patches, if relevant for a given good, whose main purpose is to provide enhanced security for the device or bring it into conformity;
Amendment 174 #
2022/0092(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Directive 2005/29/EC
Article 2 – paragraph 1 – point w b (new)
Article 2 – paragraph 1 – point w b (new)
(wb) ‘functionality update’ means an operating system update that is not necessary to keep the good in conformity and whose main purpose is to improve current functionalities or implement new functionalities;
Amendment 177 #
2022/0092(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Directive 2005/29/EC
Article 2 – paragraph 1 – point y a (new)
Article 2 – paragraph 1 – point y a (new)
(ya) ‘offsetting’ means the purchase of credits, such as carbon or plastic credits, or provision of financial support for environmental projects, such as reforestation and renewable energy installation, to allegedly compensate for the purchaser’s own environmental impact, or of their goods or services.
Amendment 180 #
2022/0092(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point a
Article 1 – paragraph 1 – point 2 – point a
Directive 2005/29/EC
Article 6 – paragraph 1 – point b
Article 6 – paragraph 1 – point b
(b) the main characteristics of the product, such as its availability, benefits, risks, execution, composition, environmental or social impact, accessories, durability, reparability, reusability, recyclability, after- sale customer assistance and complaint handling, method and date of manufacture or provision, delivery, fitness for purpose, usage, quantity, specification, geographical or commercial origin or the results to be expected from its use, or the results and material features of tests or checks carried out on the product.;
Amendment 186 #
2022/0092(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point b
Article 1 – paragraph 1 – point 2 – point b
Directive 2005/29/EC
Article 6 – paragraph 2 – point d
Article 6 – paragraph 2 – point d
(d) making an environmental claim related to future environmental performance without clear, objectiveof a trader based on offsetting schemes or without publicly available, clear, time-bound, objective, quantified, science-based and verifiable commitments and targets, and without an independent monitoring system; accredited in accordance with Regulation (EC) N°765/2008. Commitments and targets shall be complemented by a implementation plan to be updated annually based on economically and technically-viable technologies.
Amendment 197 #
2022/0092(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3 a (new)
Article 1 – paragraph 1 – point 3 a (new)
Directive 2005/29/EC
Article 12 a (new)
Article 12 a (new)
Amendment 198 #
2022/0092(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 1 – point a
Article 2 – paragraph 1 – point 1 – point a
Directive 2011/83/EU
Article 2 – paragraph 1 – point 3 a
Article 2 – paragraph 1 – point 3 a
Amendment 202 #
2022/0092(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 1 – point b
Article 2 – paragraph 1 – point 1 – point b
Directive 2011/83/EU
Article 2 – paragraph 1 – point 14 a
Article 2 – paragraph 1 – point 14 a
(14a) ‘commercial guarantee of durability’ means a producer’svoluntary commercial guarantee of durability referred to in Article 17 of Directive (EU) 2019/771provided by the producer free of charge, under which the producer is directly liable to the consumer during the entire period of that guarantee for repair or replacement of the goods;
Amendment 203 #
2022/0092(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 1 – point b
Article 2 – paragraph 1 – point 1 – point b
Directive 2011/83/EU
Article 2 – paragraph 1 – point 14 b
Article 2 – paragraph 1 – point 14 b
(14b) ‘durability’ means durthe ability as defined in Article 2, point (13), of Directive (EU) 2019/771of a product to function and maintain for a certain period of time its required function and performance under normal conditions of use, maintenance and repair;
Amendment 208 #
2022/0092(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 1 – point b
Article 2 – paragraph 1 – point 1 – point b
Directive 2011/83/EU
Article 2 – paragraph 1 – point 14e a (new)
Article 2 – paragraph 1 – point 14e a (new)
(14ea) ‘security update’ means an operating system update, including security patches, if relevant for a given good, whose main purpose is to provide enhanced security for the device or bring it into conformity;
Amendment 209 #
2022/0092(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 1 – point b
Article 2 – paragraph 1 – point 1 – point b
Directive 2011/83/EU
Article 2 – paragraph 1 – point 14e b (new)
Article 2 – paragraph 1 – point 14e b (new)
(14eb) ‘functionality update’ means an operating system update that is not necessary to keep the good in conformity and whose main purpose is to improve current functionalities or implement new functionalities;
Amendment 213 #
2022/0092(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 2 – point a – introductory part
Article 2 – paragraph 1 – point 2 – point a – introductory part
(a) the following points (ea) to (ed) are insertis replaced:
Amendment 217 #
2022/0092(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 2 – point a
Article 2 – paragraph 1 – point 2 – point a
Directive 2011/83/EU
Article 5 – paragraph 1 – point e a
Article 5 – paragraph 1 – point e a
(ea) for all goods, where the producer makes it available,a label indicating the guaranteed lifetime of the good, which should include information thaabout the goods benefit from a commerciduration of the legal guarantee of durabilconformity, and its duration in units of time, where that guarantee covers the entire good and has a duration of more than two yearwhere applicable, about the existence and duration of a voluntary commercial guarantee of durability by the producer, as well as information about the existence and conditions of after-sales services;
Amendment 220 #
2022/0092(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 2 – point a
Article 2 – paragraph 1 – point 2 – point a
Directive 2011/83/EU
Article 5 – paragraph 1 – point e b
Article 5 – paragraph 1 – point e b
Amendment 226 #
2022/0092(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 2 – point a
Article 2 – paragraph 1 – point 2 – point a
Directive 2011/83/EU
Article 5 – paragraph 1 – point e c
Article 5 – paragraph 1 – point e c
(ec) for goods with digital elements, where the producer makes such information available, the minimum periothe minimum period, starting at the time of purchase, stated in units of time during which the producer provides software updates, unless the contract provides for a continuous supply of the digital content or digital service over a period of time. Where information about the existence of a commercial guarantee of durability is provided in accordance with point (ea), the information on the updates shall be provided if those updates are supplied for a longer period than the commercial guarantee of durabilityincluding the mandatory period foreseen under relevant Union law;
Amendment 231 #
2022/0092(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 2 – point a
Article 2 – paragraph 1 – point 2 – point a
Directive 2011/83/EU
Article 5 – paragraph 1 – point e d
Article 5 – paragraph 1 – point e d
(ed) for digital content and digital services, where their provider is different from the trader and makes such information available, the minimum perio, the minimum period, starting at the time of purchase, stated in units of time during which the provider provides software updates, unless the contract provides for a continuous supply of the digital content or digital service over a period of timeincluding the mandatory period of time foreseen under relevant Union law;
Amendment 240 #
2022/0092(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 2 – point b
Article 2 – paragraph 1 – point 2 – point b
Directive 2011/83/EU
Article 5 – paragraph 1 – point j
Article 5 – paragraph 1 – point j
(j) when point (i) is not applicable, information made available by the producer about the availability of spare parts, including the period during which they shall be available and the procedure of ordering them, and abouttheir price, the availability of a user and repair manual. as well as availability and access to diagnosis and repair tools. When this information is not provided by the producer, the consumer shall be informed thereof;
Amendment 244 #
2022/0092(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 3 – point -a (new)
Article 2 – paragraph 1 – point 3 – point -a (new)
Directive 2011/83/EU
Article 6 – paragraph 1 – point g
Article 6 – paragraph 1 – point g
(-a) point (g) is replaced by the following: ‘(g) the arrangements for payment, delivery, performance, the time by which the trader undertakes to deliver the goods or to perform the services, the environmental impact of the delivery and the existence of more sustainable delivery options and, where applicable, the trader’s complaint handling policy;’;
Amendment 248 #
2022/0092(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 3 – point a – introductory part
Article 2 – paragraph 1 – point 3 – point a – introductory part
(a) the following points (ma) to (md) are insertl) is replaced:
Amendment 251 #
2022/0092(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 3 – point a
Article 2 – paragraph 1 – point 3 – point a
Directive 2011/83/EU
Article 6 – paragraph 1 – point m a
Article 6 – paragraph 1 – point m a
(ma) for all types of goods, where the producer makes it available,a label indicating the guaranteed lifetime of the good, which should include information thaabout the goods benefit from a commerciduration of the legal guarantee of durabilconformity, and its duration in units of time, where that guarantee covers the entire good and has a duration of more than two yearwhere applicable, about the existence and duration of a voluntary commercial guarantee of durability by the producer, as well as information about the existence and conditions of after-sales services;
Amendment 257 #
2022/0092(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 3 – point a
Article 2 – paragraph 1 – point 3 – point a
Directive 2011/83/EU
Article 6 – paragraph 1 – point m b
Article 6 – paragraph 1 – point m b
Amendment 260 #
2022/0092(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 3 – point a
Article 2 – paragraph 1 – point 3 – point a
Directive 2011/83/EU
Article 6 – paragraph 1 – point m c
Article 6 – paragraph 1 – point m c
(mc) for goods with digital elements, where the producer makes such information available, the minimum period in units of time during which the producer provides software updates, unless the contract provides for a continuous supply of the digital content or digital service over a period of time. Where information about the existence of a commercial guarantee of durability is provided in accordance with point (ma), the information on the updates shall be provided if those updates are supplied for a longer period than the commercial guarantee of durability;including the mandatory period of time foreseen under relevant EU legislation.
Amendment 264 #
2022/0092(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 3 – point a
Article 2 – paragraph 1 – point 3 – point a
Directive 2011/83/EU
Article 6 – paragraph 1 – point m d
Article 6 – paragraph 1 – point m d
(md) for digital content and digital services, where their provider is different from the trader and makes such information available, the minimum period in units of time during which the provider provides software updates, unless the contract provides for a continuous supply of the digital content or digital service over a period of time foreseen under relevant Union law;
Amendment 275 #
2022/0092(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 3 – point b
Article 2 – paragraph 1 – point 3 – point b
Directive 2011/83/EU
Article 6 – paragraph 1 – point v
Article 6 – paragraph 1 – point v
(v) when point (u) is not applicable, information made available by the producer about the availability of spare parts, including the period during which they shall be available and the procedure of ordering them, and abouttheir price, the availability of a user and repair manual.; as well as availability and access to diagnosis and repair tools. When this information is not provided by the producer, the consumer shall be informed thereof
Amendment 287 #
2022/0092(COD)
Proposal for a directive
Article 4 – paragraph 1 – subparagraph 1
Article 4 – paragraph 1 – subparagraph 1
Member States shall adopt and publish by [182 months from adoption] at the latest, the laws, regulations and administrative provisions necessary to comply with this Directive. They shall forthwith communicate to the Commission the text of those provisions.
Amendment 290 #
2022/0092(COD)
Proposal for a directive
Article 4 – paragraph 1 – subparagraph 2
Article 4 – paragraph 1 – subparagraph 2
They shall apply those provisions from [2418 months from adoption].
Amendment 294 #
2022/0092(COD)
Proposal for a directive
Annex I – paragraph 1 – point 1
Annex I – paragraph 1 – point 1
Directive 2005/29/EC
Annex I – point 2 a
Annex I – point 2 a
2a. Displaying a sustainability label which iwas not baspre-approved onby a certification scheme or not established by publicnational or EU authoritiesy.;
Amendment 295 #
2022/0092(COD)
Proposal for a directive
Annex I – paragraph 1 – point 1
Annex I – paragraph 1 – point 1
Directive 2005/29/EC
Annex I – point 2 b (new)
Annex I – point 2 b (new)
2b. Displaying a sustainability information or comparison tool that was not pre-approved by a national or EU authority;
Amendment 296 #
2022/0092(COD)
Proposal for a directive
Annex I – paragraph 1 – point 2 – introductory part
Annex I – paragraph 1 – point 2 – introductory part
(2) the following points 4a andto 4bh are inserted:
Amendment 302 #
2022/0092(COD)
Proposal for a directive
Annex I – paragraph 1 – point 2
Annex I – paragraph 1 – point 2
4b. Making an environmental claim about the entire product, service or trader’s activities when it actually concerns only a certain aspect of the product.;, service or trader’s activities
Amendment 305 #
2022/0092(COD)
Proposal for a directive
Annex I – paragraph 1 – point 2
Annex I – paragraph 1 – point 2
Directive 2005/29/EC
Annex I – point 4b a (new)
Annex I – point 4b a (new)
4ba. Claiming that a good or a service has a neutral or positive greenhouse gas emissions’ impact on the environment;
Amendment 306 #
2022/0092(COD)
Proposal for a directive
Annex I – paragraph 1 – point 2
Annex I – paragraph 1 – point 2
Directive 2005/29/EC
Annex I – point 4b b (new)
Annex I – point 4b b (new)
4bb. Making an environmental claim in relation to a product or service that promotes fossil fuels or highly polluting industries;
Amendment 307 #
2022/0092(COD)
Proposal for a directive
Annex I – paragraph 1 – point 2
Annex I – paragraph 1 – point 2
Directive 2005/29/EC
Annex I – point 4b c (new)
Annex I – point 4b c (new)
4bc. Making an environmental claim that was not pre-approved in accordance with the minimum requirements established in accordance with national or Union law;
Amendment 308 #
2022/0092(COD)
Proposal for a directive
Annex I – paragraph 1 – point 2
Annex I – paragraph 1 – point 2
Directive 2005/29/EC
Annex I – point 4b d (new)
Annex I – point 4b d (new)
4bd. Making an environmental claim related to future environmental performance at the level of a product;
Amendment 309 #
2022/0092(COD)
Proposal for a directive
Annex I – paragraph 1 – point 2
Annex I – paragraph 1 – point 2
Directive 2005/29/EC
Annex I – point 4b e (new)
Annex I – point 4b e (new)
4be. Making a generic social claim;
Amendment 310 #
2022/0092(COD)
Proposal for a directive
Annex I – paragraph 1 – point 2
Annex I – paragraph 1 – point 2
Directive 2005/29/EC
Annex I – point 4b f (new)
Annex I – point 4b f (new)
4bf. Claiming that a product is biodegradable and omitting to inform the consumer about the conditions under which biodegradability can be achieved based on recognised standards;
Amendment 314 #
2022/0092(COD)
Proposal for a directive
Annex I – paragraph 1 – point 4 – introductory part
Annex I – paragraph 1 – point 4 – introductory part
(4) the following points 23d to 23im are inserted:
Amendment 318 #
2022/0092(COD)
Proposal for a directive
Annex I – paragraph 1 – point 4
Annex I – paragraph 1 – point 4
Directive 2005/29/EC
Annex I – point 23 d
Annex I – point 23 d
23d. Omitting to inform the consumer thatffering a software update that will negatively impact the use of goods with digital elements or certain features of those goods even if the software update improves the functioning of other features.
Amendment 323 #
2022/0092(COD)
Proposal for a directive
Annex I – paragraph 1 – point 4
Annex I – paragraph 1 – point 4
Directive 2005/29/EC
Annex I – point 23 e
Annex I – point 23 e
23e. Omitting to inform the consumer about the existence of a feature of a good introducedIntroducing a feature to limit itsthe durability of a good.
Amendment 329 #
2022/0092(COD)
Proposal for a directive
Annex I – paragraph 1 – point 4
Annex I – paragraph 1 – point 4
Directive 2005/29/EC
Annex I – point 23 g
Annex I – point 23 g
23g. Presenting goods as allowing repair when they do not or omitting to inform the consumer that goodsthat do not allow repair in accordance with legal requirements.
Amendment 334 #
2022/0092(COD)
Proposal for a directive
Annex I – paragraph 1 – point 4
Annex I – paragraph 1 – point 4
Directive 2005/29/EC
Annex I – point 23 h
Annex I – point 23 h
23h. Inducing the consumer intoMarketing a good that require replacing of the consumables of a good earlier than necessary for technical reasons is necessary.
Amendment 338 #
2022/0092(COD)
Proposal for a directive
Annex I – paragraph 1 – point 4
Annex I – paragraph 1 – point 4
Directive 2005/29/EC
Annex I – point 23 i
Annex I – point 23 i
23i. Omitting to inform that a goodMarketing a good that is designed to limit its functionality when using consumables, spare parts or accessories that are not provided by the original producer..
Amendment 342 #
2022/0092(COD)
Proposal for a directive
Annex I – paragraph 1 – point 4
Annex I – paragraph 1 – point 4
Directive 2005/29/EC
Annex I – point 23i a (new)
Annex I – point 23i a (new)
23ia. Engaging in practices that lead to shortening of a product’s lifespan
Amendment 344 #
2022/0092(COD)
Proposal for a directive
Annex I – paragraph 1 – point 4
Annex I – paragraph 1 – point 4
Directive 2005/29/EC
Annex I – point 23i b (new)
Annex I – point 23i b (new)
23ib. Marketing a good without fixing a known design issue that leads to an early failure of the good in question;
Amendment 346 #
2022/0092(COD)
Proposal for a directive
Annex I – paragraph 1 – point 4
Annex I – paragraph 1 – point 4
Directive 2005/29/EC
Annex I – point 23i c (new)
Annex I – point 23i c (new)
23ic. Supplying security updates together with functionality updates or other software updates;
Amendment 347 #
2022/0092(COD)
Proposal for a directive
Annex I – paragraph 1 – point 4
Annex I – paragraph 1 – point 4
Directive 2005/29/EC
Annex I – point 23i d (new)
Annex I – point 23i d (new)
23id. Marketing a good that is not compliant with ecodesign requirements set in Regulation EU [Ecodesign for Sustainable Products]
Amendment 5 #
2022/0021(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) In the past years, the practices in the European standardisation organisations as regards their internal governance and decision-making procedures have changed. As a result, the European standardisation organisations have increased their co- operation with international and European stakeholders. Such cooperation is welcome as it contributes to the transparent, open, impartial and consensus-built standardisation process. However, when European standardisation organisations execute standardisation requests to support Union legislation and policies, unrestricted participation of any stakeholder in their internal decision-making may lead to decisions that do not entirely take into account the interests, policy objectives, and values of the Union as well as public interests in general. In order to prevent this scenario, the positions of European stakeholders should be duly reflected in the decisions of the European standardisation organisations and of the national standardisation bodies. Furthermore, the participation of legal entities which are not incorporated in the Member State concerned shall not amount to impede the adoption of any decision concerning European standards and European standardisation deliverables supported by the majority of all the other stakeholders participating in the national standardisation bodies.
Amendment 10 #
2022/0021(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) National standardisation bodies play an essential role in the standardisation system, both, at the Union level, in accordance with Regulation (EU) No 1025/2012, and at the level of Member States. National standardisation bodies are therefore best placed to make sure that the interests, policy objectives and values of the Union as well as the views of all stakeholders, including SMEs, consumer organisations, environmental and social stakeholders, and public interests in general are duly taken into account in European standardisation organisations. It is therefore necessary to strengthen their role in decision-making bodies of the European standardisation organisations when those bodies take decisions concerning European standards and European standardisation deliverables requested by the Commission under Article 10(1) of Regulation (EU) No 1025/2012.
Amendment 19 #
2022/0021(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EU) No 1025/2012
Article 10 – paragraph 2a a (new)
Article 10 – paragraph 2a a (new)
Amendment 1 #
2021/0227(BUD)
Draft opinion
Paragraph 2
Paragraph 2
2. Welcomes the increase in the EMFAF Budget 2022; reiterates that, for small-scale fisheries and sustainable aquaculture to continue to be viable and competitive, appropriate funding for these sectors is needed; believes that the budget for these sectors must be entirely consistent with the EU objectives, notably those set out in the Green Deal, the new industrial strategy, the ‘Farm to Fork’ strategy, the New approach for a sustainable blue economy and the EU Biodiversity Strategy for 2030; takes the view that maintaining the competitive position of the fisheries and aquaculture sectors must go hand in hand with achieving these goals;
Amendment 9 #
2021/0227(BUD)
Draft opinion
Paragraph 4
Paragraph 4
4. Stresses the importance of fixing the economic and social damage caused by the COVID-19 pandemic, which has hit the entire fisheries and aquaculture sector hard in 2020; welcomes the introduction, in the new EMFAF, of the possibility to trigger measures for the aquaculture and fisheries sectors in case of exceptional events generating a significant disruption of markets as well as temporary cessation in case of sanitary crisis; believes that the inclusion of such provisions better protects the sector in case of a new sanitary crisis;
Amendment 12 #
2021/0227(BUD)
Draft opinion
Paragraph 5
Paragraph 5
5. Welcomes the approvals by the Commission of Member states recovery plans; stresses out the importance of Member States using these resources to ensure sustainable recovery of the fishing and aquaculture sector when implementing their recovery plans, while allocating a significant part of these resources for the development of monitoring and geolocalisation technologies, as well as the protection and restoration of marine ecosystems and biodiversity, in line with the RRF objective of promoting the green and digital transitions;
Amendment 13 #
2021/0227(BUD)
Draft opinion
Paragraph 7
Paragraph 7
7. Insists on the necessity to improve scientific and technical knowledge to ensure the most reliable research-based solutions for all marine biological resources in line with the requirements of the CFP; reiterates the importance of ensuring sufficient financial resources for the collection, management, use and exchange of data in the fisheries sector;
Amendment 11 #
2021/0213(CNS)
Proposal for a directive
Citation 1 a (new)
Citation 1 a (new)
having regard to the publication of the Scientific, Technical and Economic Committee for Fisheries (STECF) of 10 November 2021 entitled ‘The 2021 Annual Economic Report on the EU Fishing Fleet’,
Amendment 12 #
2021/0213(CNS)
Proposal for a directive
Citation 1 b (new)
Citation 1 b (new)
having regard to the publication of the European Court of Auditors (ECA) of 31 January 2022 entitled ‘Review 01/2022: Energy taxation, carbon pricing and energy subsidies’,
Amendment 13 #
2021/0213(CNS)
Proposal for a directive
Citation 1 c (new)
Citation 1 c (new)
Amendment 14 #
2021/0213(CNS)
Proposal for a directive
Citation 1 d (new)
Citation 1 d (new)
having regard to the 7th and 8th Environment Action Programme,
Amendment 15 #
2021/0213(CNS)
Proposal for a directive
Citation 1 e (new)
Citation 1 e (new)
having regard to the 2019 UN report entitled “The Ocean and Cryosphere in a Changing Climate”,
Amendment 16 #
2021/0213(CNS)
Proposal for a directive
Recital 3 a (new)
Recital 3 a (new)
Amendment 17 #
2021/0213(CNS)
Proposal for a directive
Recital 8 a (new)
Recital 8 a (new)
(8 a) There is an urgent need for ambitious action to tackle climate change and environmental challenges, to limit global warming to 1.5° C, thus limiting the impacts of climate change on the planet, and therefore on fisheries and aquaculture, to the least negative scenario. The EU committed to achieve its net-zero greenhouse gases emission target by 2050 at the latest as confirmed in the European Green Deal.
Amendment 18 #
2021/0213(CNS)
Proposal for a directive
Recital 8 b (new)
Recital 8 b (new)
(8 b) Climate change affects the marine environment on a global scale and acts as a growing stress factor on ecosystems which already face numerous pressure such as pollution, loss of habitat and biodiversity.
Amendment 19 #
2021/0213(CNS)
Proposal for a directive
Recital 8 c (new)
Recital 8 c (new)
(8 c) Rising seawater temperatures is a problem that affects several sea basins in Europe, the effects of which are felt sector-wide by all kinds of fishers.
Amendment 23 #
2021/0213(CNS)
Proposal for a directive
Recital 22 a (new)
Recital 22 a (new)
(22 a) Fuel subsidies perform poorly in terms of increasing incomes for fishers, and ‘fossil fuel subsidies represent an obstacle in reaching climate goals because they hinder the green energy transition’, according to the conclusion of the ECA review 01/2022.
Amendment 36 #
2021/0213(CNS)
Proposal for a directive
Recital 24 a (new)
Recital 24 a (new)
Amendment 39 #
2021/0213(CNS)
Proposal for a directive
Recital 28 a (new)
Recital 28 a (new)
(28 a) It is important to provide fishers with income diversification opportunities in other sectors of the Blue Economy in order to increase the segment's resilience making full use of the EMFAF to finance income diversification projects, supporting small-scale fisheries training and promoting synergies with other sectors of the Blue Economy.
Amendment 40 #
2021/0213(CNS)
Proposal for a directive
Recital 28 b (new)
Recital 28 b (new)
(28 b) The EMFAF provides financial support for the modernisation and replacement of engines in fishing vessels that use less fuel.
Amendment 41 #
2021/0213(CNS)
Proposal for a directive
Recital 28 c (new)
Recital 28 c (new)
Amendment 42 #
2021/0213(CNS)
Proposal for a directive
Recital 28 d (new)
Recital 28 d (new)
(28 d) It is essential to align taxation with energy and climate policies, in line with the objectives of the European Green Deal, and taxing fuel for all sectors, including fisheries. Exemptions are not justifiable for only one sector.
Amendment 47 #
2021/0213(CNS)
Proposal for a directive
Article 14 – paragraph 5 – subparagraph 1 a (new)
Article 14 – paragraph 5 – subparagraph 1 a (new)
Member States shall invest the revenues generated by fuel taxes in the fisheries sector to fund projects aimed at strengthening small-scale fisheries' resilience and position in the value chain and at facilitating the transition of small- scale fisheries to energy-efficient vessels using sustainable renewable energy.
Amendment 52 #
2021/0213(CNS)
Proposal for a directive
Article 15 – paragraph 4
Article 15 – paragraph 4
4. ERenewable electricity produced on board a vessel shall be exempted from taxation.
Amendment 53 #
2021/0213(CNS)
Proposal for a directive
Article 15 – paragraph 5
Article 15 – paragraph 5
5. Member States mayshall apply under fiscal control total or partial exemptions to electricity directly supplied to vessels, or vessels' mobile batteries, berthed in ports.
Amendment 56 #
2021/0213(CNS)
Proposal for a directive
Article 16 – paragraph 1 – point b – paragraph 1
Article 16 – paragraph 1 – point b – paragraph 1
Member States may also refund to the producer, including active customers, renewable energy self-consumers, renewable energy communities and local energy communities, some or all of the amount of tax paid by the consumer on electricity produced from products specified in this paragraph.
Amendment 59 #
2021/0213(CNS)
Proposal for a directive
Article 17 – paragraph 1 – point d
Article 17 – paragraph 1 – point d
Amendment 116 #
2020/2273(INI)
Motion for a resolution
Recital C c (new)
Recital C c (new)
Cc. Whereas light pollution alters the natural night light levels for humans, animals and plants, thus negatively affecting biodiversity by, for example, unbalancing the migratory, nocturnal and reproductive activity of animals, leading also to the loss of insects and pollinators, who are fatally drawn to artificial light;
Amendment 358 #
2020/2273(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Takes note of the conclusions of the “Fitness Check of the Birds and Habitats Directives” published by the Commission in 2017; however, refers to recent studies of scientists and experts which show that over the last 25 years birds have suffered from significant declines and show no sign of recovery; in light of this, calls on the Commission to update and enlarge the Directives’ Annexes without undue delay;
Amendment 849 #
2020/2273(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Calls on the Commission and Member States to ensure that the objectives of the Biodiversity Strategy are fully reflected in the future Zero Pollution Action Plan, which should also address noise and light pollution and set an ambitious and binding 2030 reduction target on the use of outdoor artificial light at night given the adverse impact of light pollution on biodiversity; furthermore, calls on the Commission to propose guidelines on how artificial light at night can be reduced by Member States;
Amendment 2 #
2020/2260(INI)
Motion for a resolution
Citation 1
Citation 1
- having regard to the Treaty on the Functioning of the European Union (TFEU), and in particular Article 192(1) and Article 13 (Title II) thereof,
Amendment 6 #
2020/2260(INI)
Motion for a resolution
Citation 1 a (new)
Citation 1 a (new)
- having regard to Article 13 TFEU that states that when formulating and implementing the Union's policies, in particular concerning its internal market, full regard should be paid to the welfare requirements of animals, since animals are sentient beings,
Amendment 18 #
2020/2260(INI)
Motion for a resolution
Citation 1 a (new)
Citation 1 a (new)
- having regard to its resolution of 18 December 2019 on the EU Pollinators Initiative1a, __________________ 1a P9_TA(2019)0104.
Amendment 44 #
2020/2260(INI)
Motion for a resolution
Citation 6 a (new)
Citation 6 a (new)
Amendment 49 #
2020/2260(INI)
Motion for a resolution
Citation 7 a (new)
Citation 7 a (new)
Amendment 61 #
2020/2260(INI)
Motion for a resolution
Citation 10 a (new)
Citation 10 a (new)
- having regard to Council Directive 1999/74/EC of 19 July 1999 laying down minimum standards for the protection of laying hens; Council Directive 2007/43/EC of 28 June 2007 laying down minimum rules for the protection of chickens kept for meat production; Council Directive 2008/120/EC of 18 December 2008 laying down minimum standards for the protection of pigs; Council Directive 2008/119/EC of 18 December 2008 laying down minimum standards for the protection of calves; Council Regulation (EC) No 1/2005 of 22 December 2004 on the protection of animals during transport; Council Regulation (EC) No 1099/2009 of 24 September 2009 on the protection of animals at the time of killing,
Amendment 64 #
2020/2260(INI)
Motion for a resolution
Citation 10 b (new)
Citation 10 b (new)
- having regard to Council Regulation (EC) No 1/2005 of 22 December 2004 on the protection of animals during transport and related operations1a, __________________ 1a OJ L 3, 5.1.2005, p. 1–44
Amendment 66 #
2020/2260(INI)
Motion for a resolution
Citation 10 b (new)
Citation 10 b (new)
- having regard to Council Regulation (EC) No 1099/2009 of 24 September 2009 on the protection of animals at the time of killing1a, __________________ 1a OJ L 303, 18.11.2009, p. 1–30
Amendment 68 #
2020/2260(INI)
Motion for a resolution
Citation 10 c (new)
Citation 10 c (new)
- having regard to Regulation (EU) 2016/429 of the European Parliament and of the Council of 9 March 2016 on transmissible animal diseases and amending and repealing certain acts in the area of animal health (‘Animal Health Law’)1a, __________________ 1a OJ L 84, 31.3.2016, p. 1.
Amendment 69 #
2020/2260(INI)
Motion for a resolution
Citation 10 c (new)
Citation 10 c (new)
- having regard to Council Directive 2007/43/EC of 28 June 2007 laying down minimum rules for the protection of chickens kept for meat production1a, __________________ 1a OJ L 182, 12.7.2007
Amendment 71 #
2020/2260(INI)
Motion for a resolution
Citation 10 d (new)
Citation 10 d (new)
- having regard to Regulation (EU) 2019/6 of the European Parliament and of the Council of 11 December 2018 on veterinary medicinal products1a, __________________ 1a OJ L 4, 7.1.2019, p. 43–167
Amendment 72 #
2020/2260(INI)
Motion for a resolution
Citation 10 e (new)
Citation 10 e (new)
- having regard to Council Directive 2008/120/EC of 18 December 2008 laying down minimum standards for the protection of pigs1a, __________________ 1a OJ L 47, 18.2.2009, p. 5–13
Amendment 73 #
2020/2260(INI)
Motion for a resolution
Citation 10 e (new)
Citation 10 e (new)
- having regard to Council Directive 2008/119/EC of 18 December 2008 laying down minimum standards for the protection of calves1a, __________________ 1a OJ L 10, 15.1.2009, p. 7–13
Amendment 74 #
2020/2260(INI)
Motion for a resolution
Citation 10 f (new)
Citation 10 f (new)
- having regard to Directive 2010/63 EU of the European Parliament and of the Council of 22 September 2010 on the protection of animals used for scientific purposes1a, __________________ 1a OJ L 276, 20.10.2010, p. 33–79
Amendment 78 #
2020/2260(INI)
Motion for a resolution
Citation 11 a (new)
Citation 11 a (new)
- having regard to Council Directive of 12 December 1991 concerning the protection of waters against pollution caused by nitrates from agricultural sources1a, __________________ 1a OJ L 375, 31.12.1991, p. 1.
Amendment 82 #
2020/2260(INI)
Motion for a resolution
Citation 11 b (new)
Citation 11 b (new)
- having regard to Regulation (EU) No 1185/2009 of the European Parliament and of the Council of 25 November 2009 concerning statistics on pesticides1a, __________________ 1a OJ L 324, 10.12.2009, p. 1–22
Amendment 87 #
2020/2260(INI)
Motion for a resolution
Citation 12 a (new)
Citation 12 a (new)
- having regard to Regulation (EU) 2019/1381 of the European Parliament and of the Council of 20 June 2019 on the transparency and sustainability of the EU risk assessment in the food chain1a, __________________ 1a OJ L 231, 6.9.2019, p. 1–28
Amendment 89 #
2020/2260(INI)
Motion for a resolution
Citation 12 b (new)
Citation 12 b (new)
- having regard to Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000 establishing a framework for Community action in the field of water policy1a, __________________ 1a OJ L 327, 22.12.2000, p. 1–73
Amendment 92 #
2020/2260(INI)
Motion for a resolution
Citation 12 c (new)
Citation 12 c (new)
- having regard to Directive 2006/118/EC of the European Parliament and of the Council of 12 December 2006 on the protection of groundwater against pollution and deterioration1a, __________________ 1a OJ L 372, 27.12.2006, p. 19–31
Amendment 96 #
2020/2260(INI)
Motion for a resolution
Citation 18 a (new)
Citation 18 a (new)
- having regard to its resolution of 11 February 2015 on country of origin labelling for meat in processed food1a, __________________ 1a OJ C 310, 25.8.2016, p. 15–18
Amendment 97 #
2020/2260(INI)
Motion for a resolution
Citation 18 b (new)
Citation 18 b (new)
- having regard to its legislative resolution of 8 September 2015 on the proposal for a directive of the European Parliament and of the Council on the cloning of animals of the bovine, porcine, ovine, caprine and equine species kept and reproduced for farming purposes1a, __________________ 1a P8_TA(2015)0285
Amendment 100 #
2020/2260(INI)
Motion for a resolution
Citation 18 c (new)
Citation 18 c (new)
- having regard to its resolution of 12 May 2016 on mandatory indication of the country of origin or place of provenance for certain foods1a, __________________ 1a OJ C 76, 28.2.2018, p. 49–53
Amendment 111 #
2020/2260(INI)
Motion for a resolution
Citation 22 a (new)
Citation 22 a (new)
- having regard to its resolution of 17 April 2018 on the implementation of the 7th Environment Action Programme1a, __________________ 1a OJ C 390, 18.11.2019, p. 10–18
Amendment 117 #
2020/2260(INI)
Motion for a resolution
Citation 24 a (new)
Citation 24 a (new)
- having regard to the European Commission’s Scientific Opinion No. 3/2017 - Food from the Oceans,
Amendment 131 #
2020/2260(INI)
Motion for a resolution
Citation 25 a (new)
Citation 25 a (new)
Amendment 132 #
2020/2260(INI)
Motion for a resolution
Citation 25 a (new)
Citation 25 a (new)
- having regard to the EAT Lancet Commission 2019 report Food in The Anthropocene: the EAT-Lancet Commission on Healthy Diets From Sustainable Food Systems1a, __________________ 1a https://www.thelancet.com/journals/lancet /article/PIIS0140-6736(18)31788- 4/fulltext
Amendment 136 #
2020/2260(INI)
Motion for a resolution
Citation 25 b (new)
Citation 25 b (new)
- having regard to the Implementation Report on the Sustainable Use of Pesticides Directive (COM(2020)204),
Amendment 137 #
2020/2260(INI)
Motion for a resolution
Citation 35 c (new)
Citation 35 c (new)
- having regard to the EEA report Food in a greenlight - A systems approach to sustainable food1a, __________________ 1a EEA Report No 16/2017
Amendment 139 #
2020/2260(INI)
Motion for a resolution
Citation 35 f (new)
Citation 35 f (new)
- having regard to the European Commission’s Fitness Check Roadmap and revision of the existing animal welfare legislation, including on animal transport and the slaughter of animals, to assess their effectiveness, relevance and consistency and to ensure a higher level of animal welfare in the EU,
Amendment 140 #
2020/2260(INI)
Motion for a resolution
Citation 35 h (new)
Citation 35 h (new)
- having regard to the Report on the REFIT evaluation of the pesticide legislation (COM(2020)208),
Amendment 141 #
2020/2260(INI)
Motion for a resolution
Citation 35 i (new)
Citation 35 i (new)
- having regard to the Report on front-of-pack nutrition labelling (COM(2020)207),
Amendment 142 #
2020/2260(INI)
Motion for a resolution
Citation 35 j (new)
Citation 35 j (new)
- having regard to the Commissions’ Staff Working Document on the Evaluation of the Nutrition and Health Claims Regulation (SWD(2020) 95),
Amendment 143 #
2020/2260(INI)
Motion for a resolution
Citation 35 k (new)
Citation 35 k (new)
- having regard to DG (SANTE) audits 2020-6935, 2019-6679, 2018-6459, 2018-6457 and 2016-8860 evaluating the control system in place governing the production of food of animal origin, including horse meat, intended for export to the European Union,
Amendment 146 #
2020/2260(INI)
Motion for a resolution
Citation 36 a (new)
Citation 36 a (new)
- having regard to the 2020 report commissioned by the European Parliament’s Committee on Petitions, entitled “Ending the Cage Age: Looking for Alternatives”,
Amendment 150 #
2020/2260(INI)
Motion for a resolution
Citation 37 a (new)
Citation 37 a (new)
- having regard to the opinion of the Committee of the Regions "From farm to fork – the local and regional dimension",
Amendment 181 #
2020/2260(INI)
Motion for a resolution
Recital A a (new)
Recital A a (new)
Aa. whereas infinite economic growth on a planet with finite resources is impossible; whereas the pursuit of economic growth is a deeply problematic paradigm that needs to give way to a more sensible pursuit of enhancing quality of life and wellbeing, meaning that our economic models need to be adapted to the planetary boundaries to ensure a sustainable future;
Amendment 195 #
2020/2260(INI)
Motion for a resolution
Recital B
Recital B
B. whereas Europe’s food system should deliver food and nutrition security in a way that contributes to social well- being and maintains and restores ecosystem health and respects the planetary boundaries; whereas currently, the food system is the single largest driver of global deforestation and biodiversity loss in Europe as well as responsible for a wide range of detrimental impacts on human and animal health and welfare, on the environment, the climate and biodiversity; whereas the way in which we produce and consume food needs to transform radically and rapidly in order to ensure coherence with the SDGs, the Paris Agreement, the Convention on Biological Diversity and EU policies, particularly in the areas of sustainability, the environment, climate, biodiversity, public health, animal welfare, research and innovation, trade policy, food and economic sustainability for farmers;
Amendment 245 #
2020/2260(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
Ba. whereas European citizens are increasingly concerned about the welfare of animals in the agricultural sector and expect the EU to transition away from intensive farming practices, like caged farming; whereas the European Citizens’ Initiative (ECI) “End the Cage Age”, which calls on the EU to phase-out the use of cages in animal farming, has collected nearly 1.4 million certified signatures, qualifying as one of the few successful ECIs; whereas the European Committee of the Regions committed to the objective of ending caged farming and many EU member states already adopted national legislation which goes beyond the minimum EU standards, increasing the urgency for legislative action, at the EU level, to end this inhumane practice and ensuring a level-playing field for farmers across the EU;
Amendment 263 #
2020/2260(INI)
Motion for a resolution
Recital B b (new)
Recital B b (new)
Bb. whereas animals are recognised under Article 13 TFEU as sentient beings and full regard must be paid to animal welfare requirements in EU policymaking as they deserve due consideration and respect, especially because the welfare of animals kept for food production is a key issue of concern for EU citizens; whereas significant developments in animal welfare science have taken place since the existing EU farm animal welfare legislation was adopted and it is thus vital to revise and augment the existing body of animal welfare legislation to bring it into line with the latest scientific advancements and to respond to societal demands for improvement of the welfare of animals and the elimination of outdated livestock housing systems and other production practices that negatively impact their welfare;
Amendment 273 #
2020/2260(INI)
Motion for a resolution
Recital B c (new)
Recital B c (new)
Bc. whereas in the current risk assessment of active and basic substances and pesticides and biocides, the following parameters are not taken into account properly: multiplicity of pollutants co- existing in nature, chronic exposure, toxicity of mixtures, interaction between active substances and other chemicals (synergistic toxicity, such as food additives, food contaminants and silos), frequency of usage, exposure time, nor parameters related to the landscape and the climate, while the widespread, increasing and prophylactic use of plant protection products is of concern to EU citizens;
Amendment 279 #
2020/2260(INI)
Motion for a resolution
Recital B e (new)
Recital B e (new)
Be. whereas a diet rich in plant-based foods and with fewer animal source foods confers both improved health and environmental benefits, and transformation to healthy diets by 2050 will require substantial dietary shifts, whereas global consumption of fruits, vegetables, nuts and legumes will have to double, and consumption of foods such as red meat and sugar will have to be reduced by more than 50% in order to achieve dietary shifts towards less resource-intensive products (more plant based, less refined), with more effective distribution chains, and food waste prevention to easily compensate for the yield shortfalls that are often associated with more sustainable production methods;
Amendment 289 #
2020/2260(INI)
Motion for a resolution
Recital C
Recital C
C. whereas the European model of a multifunctional agricultural sector, driven by family farms, continues to ensure quality food production, local supply chains, good agriculture practices, high environmental standards and vibrant rural areas throughout the EU; whereas this agricultural model is endangered by the ongoing takeover of production capacities by industrial and multinational companies that rely on large-scale, automated and cage-based production methods;
Amendment 303 #
2020/2260(INI)
Motion for a resolution
Recital C
Recital C
C. whereas the European model of a multifunctional agricultural sector, driven bywhich should be driven by small-scaled family farms, continues topartly ensures quality food production, and local supply chains, good agriculture practices, high environmental standards and vibrant rural areas throughout the EU;
Amendment 309 #
2020/2260(INI)
Motion for a resolution
Recital C
Recital C
C. whereas the European mModel of a multifunctional agricultural sectore, driven by family farms, continues toshould ensure quality food production, local supply chains, good agriculture practices, high environmental and animal welfare standards and vibrant rural areas throughout the EUuropean Union;
Amendment 337 #
2020/2260(INI)
Motion for a resolution
Recital C a (new)
Recital C a (new)
Ca. whereas in just over a decade several million farms have ceased to exist, representing over a third of all farms in Europe, of which the vast majority were small family businesses, due to upscaling and intensification of the agricultural system;
Amendment 357 #
2020/2260(INI)
Motion for a resolution
Recital D
Recital D
D. whereas it is important that consumers are informed and enabled to take responsibility forfood value chain actors have a large share of the responsibility for current unsustainable and unhealthy diets and must contribute to the transition to sustainable and local food systems and it is important theat consequences of their choice of food stuffs on the whole food system, from production to processing and distribution; whereas this requireumers are empowered to make informed food choices, including with regards to the impact on the whole food system, from production to processing and distribution; whereas consumer choices are constrained by norms and conventions, price, convenience, habit and the ways in which food choice is presented; whereas information provision, education, and awareness campaigns are on their own insufficient to achieve the required behavioural change towards sustainable consumer choices; whereas a healthy and sound food environment is needed, which ensures that the healthy and sustainable choice is also the easy and affordable choice, and fosters and encourages consumption patterns that support human health while ensuring the sustainable use of natural and human resources and animal welfare;
Amendment 389 #
2020/2260(INI)
Motion for a resolution
Recital D a (new)
Recital D a (new)
Da. whereas the COVID-19 pandemic has shown us how vulnerable we are for emerging zoonotic diseases; taking into account that around half of the zoonotic diseases that have emerged in humans since 1940 resulted from changes in land use, especially clearing land for crop and livestock production that bring people and livestock close to forests and increase contact between wildlife, livestock, pathogens and people; whereas the expansion and intensification of agriculture, the breeding of billions of farm animals kept in close proximity to each other and to humans and the lack of genetic diversity in kept animals coupled with the high use of veterinary medicine which reduce the natural resistance in animals, unsustainable international trade and wildlife hunting and trade create ideal conditions for outbreaks of infectious and zoonotic diseases, which, just as the novel coronavirus, have the potential to become pandemics with dramatic consequences for our health and our societies;
Amendment 402 #
2020/2260(INI)
Motion for a resolution
Recital E
Recital E
E. whereas the European food system has played a crucial role during the COVID-19 pandemic, demonstrating its resilience with farmers, processors and retailers working together under difficult conditions, including lockdowns, to ensure that European consumers continue to have access to safe, affordable, and high quality products without impediment; nevertheless, the COVID-19 crisis has highlighted the limits and weaknesses of globalised and intricate food supply chains, and has shown that over- specialisation of agricultural production leaves countries more vulnerable to trade restrictions and sudden shifts in consumer demand, which proves that there is a need to focus increasingly on ensuring long term food security and resilience by establishing shorter and robuster food chains;
Amendment 429 #
2020/2260(INI)
Motion for a resolution
Recital E a (new)
Recital E a (new)
Ea. whereas the European food safety tests that are using animals are rapidly becoming out-of-date for drawing conclusions that can be reproduced and validated, as well as that ensure the highest safety standards for the public, animals and the environment; whereas the use of animal-free new approach methodologies (NAMs) should become the main approach for addressing the data needs which underpin food safety and the sustainable and safe use of pesticides;
Amendment 516 #
2020/2260(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Welcomes the farm to fork strategy as an important step in ensuring a sustainable, fair, healthy, animal friendly, local and resilient food system, which is central to achieving the goals set out in the European Green Deal and in the SDGs; emphasises the inextricable links between healthy people, healthy societies and a healthy planet, encourages the Commission to translate the strategy into concrete legislative and non-legislative action as soon as possible;
Amendment 555 #
2020/2260(INI)
Motion for a resolution
Paragraph 1 f (new)
Paragraph 1 f (new)
1f. Calls on the Commission to propose actions aiming for a system change, for example by focusing on innovative governance system, not mere ‘techno-fixes’ which cannot offer a real solution to the diverse issues impacting the sector;
Amendment 559 #
2020/2260(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Welcomes the announcement of an impact-assesevidence-based proposal for a legislative framework for sustainable food systems; invites the Commission to use this proposal to set out a holistic, integrated common food policy aimed at reducing the environmental, water and climate footprint, as well as reducing the negative impacts on biodiversity and human and animal health and welfare of the EU food system in order to make Europe the first climate- neutral and zero-pollution continent by 2050 and strengthen its resilience to ensure long-term food security in the face of climate change, environmental degradation and biodiversity loss, leading a global transition towards sustainability from farm to fork, based on the UN FAO’s principles of a multifunctional agricultural sector while ensuring consistency between policies by taking into account the existing legislation in ordergroecology and the UN right to food, while ensuring enhanced policy coherence of all the legislative and non-legislative acts and to enable all actors in the European food system to develop long-term plans based on realistic and transparent objectives; stresses the need for urgent and bold policy and legislative change in the face of overwhelming scientific evidence of the unsustainability of the current food system and the higher costs of a failure to act; suggests that the respective base lines and progress achieved in each Member State be taken into account, while promoting the exchange of know-how and best practices between Member States; stresses the need to include the entire food and beverage chains including processing, marketing, distribution and retail and to cover the environmental, social (including health) and economic dimensions of sustainability; calls for this legislative proposal to pay full regard to the welfare of farm animals, given that this is integral to food sustainability; recommends that it includes measures to stimulate the adoption of higher animal welfare standards, a reduction of the amount of farm animals and stocking densities, and to increase the production and consumption of plant-based products at the same time;
Amendment 601 #
2020/2260(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Welcomes the announcement of an impact-assessed proposal for a legislative framework for sustainable food systems; invites the Commission to use this proposal to set out a holistic common food policy aimed at improving animal welfare and reducing the environmental and climate footprint of the EU food system in order toand make Europe the first climate- neutral continent by 2050 and strengthen its resilience; encourages the Commission to use this proposal to ensure the EU’s food security in the face of climate change and biodiversity loss,; urges the Commission to leading a global transition towards sustainability from farm to fork, based on the principle of a multifunctional agricultural sector while ensuring consistency between policies by taking into account the existing legislation in order to enable all actors in the European food system to develop long-term plans based on realistic and transparent objectiveagro-ecological practices, the protection of animal welfare, the restoration of biodiversity, the transport of meat/carcasses and genetic material rather than live animals, fair incomes for farmers and full transparency and accountability towards consumers; suggests that the respective base lines and progress achieved in each Member State be taken into account, while promoting the exchange of know-how and best practices between Member States; stresses the need to include the entire food and beverage chains including processing, marketing, distribution and retail in the transformation of the food system;
Amendment 624 #
2020/2260(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Stresses that a more sustainable food system is a prerequisite for securing the supply of safe and healthy food in the long term and that food security and food sustainability are interrelated and interdependent; highlights that food availability is generally not a major challenge in the EU, while issues such as food waste, overconsumption and obesity, as well as the environmental footprint of European households’ food consumption are more significant challenges facing the EU food system today;
Amendment 679 #
2020/2260(INI)
Motion for a resolution
Paragraph 2 c (new)
Paragraph 2 c (new)
2c. Stresses that protection and restoration of biodiversity is crucial for safeguarding EU and global food security, and that the coherence with the EU Biodiversity Strategy, including the contribution of Natura2000 and Marine Protected Areas to support healthy food production, must be guaranteed at all times;
Amendment 692 #
2020/2260(INI)
Motion for a resolution
Paragraph 2 g (new)
Paragraph 2 g (new)
2g. Insists that bio-based industrial value chains that threaten food security, the climate and biodiversity in Europe and globally, must no longer receive any subsidies or market incentives; highlights furthermore that the strict public monitoring of the climate and biodiversity impacts of raw biomass production, in particular, will be paramount in preventing the destruction of carbon sinks;
Amendment 697 #
2020/2260(INI)
Motion for a resolution
Paragraph 2 g (new)
Paragraph 2 g (new)
2g. Stresses the importance of robust and strict criteria for biomass-based renewable energy production and calls on the Commission to bring forward science- based criteria as part of the review of the Renewable Energy Directive;
Amendment 699 #
2020/2260(INI)
Motion for a resolution
Paragraph 2 g (new)
Paragraph 2 g (new)
2g. Stresses that the EU rapidly needs to reduce the use of pesticides and move to ecological farming and a sustainable food system production, in order to reduce the immense costs resulting from the harmful effects on human and animal health and in order to drastically reduce the burden on the environment, including notably pollinators;
Amendment 750 #
2020/2260(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
Amendment 819 #
2020/2260(INI)
Motion for a resolution
Paragraph 3 b (new)
Paragraph 3 b (new)
3b. Reiterates its calls for an improved pesticide authorisation system in the EU, based on peer-reviewed scientific studies and full transparency on the degree of human and environmental exposure and health risks; calls for a revision of the pesticide legislation to make sure that Member States wishing to withdraw certain active substances will be allowed to do so based on the precautionary principle; calls for a full inclusion of chronic exposure to and cumulative and synergistic effects of pesticides to be included in their risk assessment and setting of MRLs; calls on the Commission to ensure further requirements for the prioritisation of non-chemical methods of pest control in order to move crop protection away from the reliance on chemical pesticides to sustainable non- chemical alternatives;
Amendment 852 #
2020/2260(INI)
Motion for a resolution
Paragraph 3 c (new)
Paragraph 3 c (new)
3c. Calls on the Commission to introduce a definition and a separate category for natural substances in horizontal legislations, as well as to establish a specific risk assessment and authorisation procedure for these naturally occurring substances to facilitate their registration and to increase the availability of alternative plant healthcare strategies;
Amendment 860 #
2020/2260(INI)
Motion for a resolution
Paragraph 3 d (new)
Paragraph 3 d (new)
3d. Reiterates its calls to only present draft implementing regulations to extend the approval periods of substances for which the current state of science is not expected to lead to a Commission proposal for non-renewal of the authorisation of the active substance concerned, and to withdraw the approvals for substances if proof or reasonable doubt exists that they will not meet the safety criteria laid down in Regulation; reiterates its calls on the Member States to ensure the proper and timely reassessment of the authorisations for the active substances for which they are the reporting Member States, and to ensure that current delays are solved effectively as soon as possible;
Amendment 873 #
2020/2260(INI)
Motion for a resolution
Paragraph 3 e (new)
Paragraph 3 e (new)
3e. Recalls the polluter pays principle, emphasising that financial incentives to reduce the use and risks of pesticides could be helpful in the transition towards a zero-pollution agriculture; calls therefore on Member States to install levies or taxes on pesticides and calls on the Commission to develop guidelines to aid Member States in this process;
Amendment 880 #
2020/2260(INI)
Motion for a resolution
Paragraph 3 g (new)
Paragraph 3 g (new)
3g. Underlines the importance of transparency and disclosure towards consumers about the contamination levels in and on their food; calls on the Commission to set up a pesticide labelling scheme for food produced in, or imported into, the EU in order to enhance consumer choice, which should inform consumers about any pesticide treatments that have been applied during the production of the food in question, taking into account the dose and frequency of treatment, the residues, as well as the toxicity of the chemicals used;
Amendment 882 #
2020/2260(INI)
Motion for a resolution
Paragraph 3 i (new)
Paragraph 3 i (new)
3i. Calls on the Commission and the Member States to acknowledge and reiterate the need for the implementation of a systematic post-market vigilance system, which includes the collection, sharing and analysis of data on real-life behaviour and practices of operators, on environmental impact and on illnesses related to PPPs, including those suspected of being caused by EDCs; calls for the data collected through post-market biomonitoring to be used to verify the accuracy of predicted exposure levels for farm workers, bystanders and consumers, as well as farm animals;
Amendment 884 #
2020/2260(INI)
Motion for a resolution
Paragraph 3 k (new)
Paragraph 3 k (new)
3k. Welcomes EFSA's encouragement of the use of in vitro methods in assessing the safety of feed additives for food handlers and its tiered approach to toxicological testing for pesticides; believes, however, that more must be done to promote the development and use of New Approach Methodologies (NAMs) in this regard to significantly reduce tests on animals and ensure better health and environmental protection;
Amendment 885 #
2020/2260(INI)
Motion for a resolution
Paragraph 3 l (new)
Paragraph 3 l (new)
3l. Calls for measures to facilitate the incorporation of New Approach Methodologies (NAMs) in chemical food and feed risk assessments, contributing to European (PARC) and international (OECD, APCRA) initiatives and complementing the farm to fork strategy, reducing the need for tests using animals and ultimately contributing to the complete phase-out of animal testing;
Amendment 887 #
2020/2260(INI)
Motion for a resolution
Paragraph 3 m (new)
Paragraph 3 m (new)
3m. Welcomes the targets to halve nutrient losses and cut fertiliser use by 20%; urges the Commission to prioritise reductions in “new” N and P inputs from synthetic fertilisers and from livestock feed imports; emphasises the importance of pursuing these targets through holistic and circular approaches to nutrients management, such as agroecological practices, which can deliver co-benefits for soil quality and biodiversity and help farmers end their dependency on mineral fertilisers;
Amendment 888 #
2020/2260(INI)
Motion for a resolution
Paragraph 3 n (new)
Paragraph 3 n (new)
3n. Reiterates the crucial importance of protecting bees and other pollinators against the harmful effects of pesticides; reiterates its call on the Commission to ensure that Bee Guidance is based on the latest scientific and technical knowledge, and thus proposes modifying the uniform principles, not only with regard to acute toxicity for honeybees, but at least also with regard to chronic toxicity and larval toxicity for honeybees and acute toxicity for bumblebees; stresses that the level of protection must in any case not be lower than the bee guidance established by EFSA in 2013;
Amendment 968 #
2020/2260(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
Amendment 981 #
2020/2260(INI)
Motion for a resolution
Paragraph 4 b (new)
Paragraph 4 b (new)
4b. Welcomes the Commission’s commitment to evaluate and revise the existing body of animal welfare legislation and underlines the importance of taking into account the latest advancements in animal welfare science and responding to public, political and market demands for higher animal welfare standards; expresses concern that the revision of this animal welfare legislation is only scheduled for the fourth quarter of 2023, urges the Commission to deliver concrete proposals to revise existing animal welfare legislation already by 2022 and also report annually to Parliament on its actions concerning the protection of animals during slaughter and transport;
Amendment 985 #
2020/2260(INI)
Motion for a resolution
Paragraph 4 d (new)
Paragraph 4 d (new)
4d. Urges the revision of Council Directive 98/58/EC concerning the protection of animals kept for farming purposes, which sets down generic rules that have proved difficult to implement and enforce, suggests therefore transposing this Directive into a Regulation, thereby creating the possibility of delivering delegated and implementing acts to set down welfare requirements for species for which no species-specific EU minimum standards presently exist, including dairy cattle, beef cattle, sheep, goats, turkeys, ducks, geese, rabbits, farmed fish and of all their offspring;
Amendment 987 #
2020/2260(INI)
Motion for a resolution
Paragraph 4 e (new)
Paragraph 4 e (new)
4e. Urges the revision of Council Directive 1999/74/EC laying down minimum standards for the protection of laying hens in order to rapidly phase-out and prohibit enriched battery cages and require cage-free systems for all laying hens, to create a level-playing field and improve the welfare of animals kept in the EU at the same time;
Amendment 989 #
2020/2260(INI)
Motion for a resolution
Paragraph 4 f (new)
Paragraph 4 f (new)
4f. Calls for Council Directive 2008/120/EC laying down minimum standards for the protection of pigs to be revised to inter alia remove the 28 day exemption for confining sows in individual stalls and to ensure that the animals are kept in group housing throughout the entire gestation period and farrowing;
Amendment 990 #
2020/2260(INI)
Motion for a resolution
Paragraph 4 f (new)
Paragraph 4 f (new)
4f. Deeply regrets the lack of action to regulate clones and their descendants and reiterates that natural or artificial breeding or breeding procedures which cause, or are likely to cause, suffering or injury to any of the animals concerned must not be practised and that it is necessary to ensure that food from cloned animals and their descendants does not enter the food chain; calls on the Commission to present a new legal proposal without undue delay to avoid the import of cloned animals and their descendants and of products obtained from cloned animals and their descendants, from third countries into the EU, and to set up enforcement and traceability measures in this regard;
Amendment 991 #
2020/2260(INI)
Motion for a resolution
Paragraph 4 g (new)
Paragraph 4 g (new)
4g. Calls on the Commission to implement and enforce relevant EU legislation, in particular Council Directive 1/2005/EC of 22 December 2004 on the protection of animals during transport, and regrets the current incompliance with the ruling of the Court of Justice of the European Communities in Luxembourg that animal welfare protection does not stop at the EU's external borders and that animal transporters departing from the European Union must therefore also comply with European animal welfare rules when leaving the EU; and calls on the Commission and the Member States to establish a ban on the transport of animals to countries outside of the EU in case the welfare of these animals is not guaranteed;
Amendment 992 #
2020/2260(INI)
Motion for a resolution
Paragraph 4 h (new)
Paragraph 4 h (new)
4h. Emphasises that the transport of live animals does not only pose severe risks to the welfare and health of the animals transported, but also to public health due to the possible spread of diseases, and underlines in this regard the importance of reducing, refining and replacing live transport and to make sure that the revision of the Council Directive 1/2005/EC of 22 December 2004 on the protection of animals during transport contains comprehensive species- and category-specific requirements, especially regarding the maximum duration of a transport, and a more strict and transparent monitoring and reporting system to ensure that systematic violations will be effectively identified and prevented, and that this revision is in full alignment with the objectives of the farm to fork strategy;
Amendment 993 #
2020/2260(INI)
Motion for a resolution
Paragraph 4 i (new)
Paragraph 4 i (new)
4i. Stresses that, in the context of food safety, environmental protection, climate action, animal welfare and equality between Member States, the Commission must at all times ensure strict enforcement of European legislation; calls on the Commission to make more and better use of infringement procedures in this regard, including strong sanctions, and reminds the Commission of the routine docking of piglets' tails which has not been allowed in the EU since 1991 but is still common practice in many Member States and stresses the need for action to end this;
Amendment 994 #
2020/2260(INI)
Motion for a resolution
Paragraph 4 j (new)
Paragraph 4 j (new)
4j. Calls on the Commission to draw up a roadmap to ensure better welfare for broilers, that includes a timetable for phasing out the farming of chicken breeds associated with health and welfare problems, lower stocking densities without exceptions, adequate distraction facilities, sufficient natural light and space and stricter air quality parameters and calls on the Commission to revise Council Directive 2007/43/EC in order to realise a ban on the rearing of extremely fast- growing hens;
Amendment 995 #
2020/2260(INI)
Motion for a resolution
Paragraph 4 k (new)
Paragraph 4 k (new)
4k. Stresses that, although a large proportion of sheep and goats are reared in extensive farming conditions, such as on pastureland, significant concerns exist regarding animal welfare in intensive goat and sheep farming; underlines the alarming situation of male goat-kids that are treated as a waste product, as well as problems as mutilations, lameness, transport problems and diseases caused by communicable diseases, and calls on the Commission to address these concerns in the upcoming revision of animal welfare legislation;
Amendment 996 #
2020/2260(INI)
Motion for a resolution
Paragraph 4 l (new)
Paragraph 4 l (new)
4l. Repeats its call on the Commission and the Member States to tackle the problem of stable fires by promoting best practices and by introducing fire safety requirements, including preventive measures and sprinkler installations, and measures which guarantee that animals can escape from their stables in the event of fire;
Amendment 997 #
2020/2260(INI)
Motion for a resolution
Paragraph 4 m (new)
Paragraph 4 m (new)
4m. Emphasises that animals should experience as little distress and stress as possible when transported and slaughtered and therefore welcomes the revision of existing animal welfare legislation on animal transport and the slaughter of animals; suggests in this regard to establish mandatory camera surveillance in slaughterhouses in the EU and to encourage Member States to ensure that trucks and vessels used to transport animals are equipped with a GPS tracking system;
Amendment 1006 #
2020/2260(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Points out that extensive and permanent grassland-based or organic animal husbandry is a feature of the European food system and a defining element of many traditional rural communities, and that it has multiple positive effects for the environment and against climate change, and contributes to a circular economy; can play a role in a sustainable and circular food system; stresses that, in contrast, intensive livestock farming causes major negative impacts on public health and the environment and thus calls on the Commission to ensure that its policies and funding programmes solely promote a shift to less and better animal farming and meat, dairy and eggs consumption in Europe, while emphasising that to restore biodiversity, the use of non-native grass types and use of herbicides should be abandoned in dairy farms;
Amendment 1039 #
2020/2260(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Recalls that each years, in the EU alone, over 300 million farmed animals spend all, or a significant part, of their lives imprisoned in cages; stresses that this practice causes tremendous suffering, as these sentient beings cannot perform most of their natural behaviours, resulting in physical and psychological illness; calls on the Commission to put forward, without delay, a legislative proposal to phase-out the use of cages for all farmed animals, while ensuring, together with Member States, appropriate measures to assist farmers in this transition;
Amendment 1040 #
2020/2260(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Notes that the EU keeps more than seven billion animals annually for the production of meat, dairy and eggs, which results in an enormous environmental impact, the emission of many greenhouse gases and harmful substances, biodiversity loss and climate change, but also causes immense animal suffering; emphasises that a reduction in the number of animals kept for agricultural purposes should be encouraged and calls in that regard for a European ban on the establishment, development and extension of factory farms;
Amendment 1080 #
2020/2260(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Welcomes the notion of rewardpromoting carbon sequestration in soils; stresses, however,reminds of the importance of nature-based solutions, such as agroecology or ecosystem restoration, especially peatland restoration, for increasing natural carbon sinks; warns against reliance on voluntary carbon markets or other carbon trading schemes, stresses that intensive and industrial agriculture and farming models with negative impacts on biodiversity should not receive climate funding or be incentivised; calls for the proposals to be in line with the environmental objectives and the ‘do no harm’ principle of the Green Deal;
Amendment 1115 #
2020/2260(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Welcomes the notion of rewarding carbon sequestration in soils; stresses, however, that intensive and industrial agriculture and farming models with negative impacts on biodiversity should not receive climate funding , nor be incentivised; calls for the proposals to be in line with the animal welfare and environmental objectives and the ‘do no harm’ principle of the Green Deal;
Amendment 1147 #
2020/2260(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Underlines the importance of seed security and diversity, notably of promoting EU- sustainably grown plant proteins as part of long crop rotations to deliver locally sourced food and feed stuffs with high nutritional value while granting farmers access to quality seeds for plant varieties adapted to the pressures of climate change, including traditional and locally-adapted varieties, while ensuring access to innovative plant breeding in order to contribute to healthy seeds and protect plants against harmful pests and diseases; raises awareness of the potential negative effects of concentration and monopolisation in the seed sector; and varieties suitable for organic production, while ensuring access to diverse, participatory and innovative plant breeding, which pass a proper risk assessment process, in order to contribute to healthy seeds and protect plants against harmful pests and diseases, while ensuring transparency and freedom of choice to farmers, processors and consumers, in line with the European Court of Justice judgement in Case C- 528/16 which stipulates that food crops modified by genome editing are subject to the requirements of GMO legislation, including risk assessment, traceability and labelling; raises awareness of the potential negative effects of concentration and monopolisation in the seed sector and the detrimental role played by wide-scoped patents in this phenomenon; stresses the importance to halt and reverse the current concentration of power in the hands of only a few multinationals; calls for the inclusion of sustainability and food security criteria in competition law to be able to refuse mergers and takeovers that hinder the sustainability and food security ambitions of the EU; invites the Commission to present an EU strategy on genetic resources;
Amendment 1187 #
2020/2260(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Deeply deplores that the opportunity to fundamentally reform the CAP has been wasted, and that the stances taken by Parliament and Council will lock in our agricultural sector even deeper in unsustainable farming methods; points out that even the Commission's analysis shows that the ambitions and goals of the European Green Deal will not be met with the current positions of the legislators;
Amendment 1207 #
2020/2260(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Calls for CAP National Strategic Plans to ensure adequate financial support and incentives to promote new ecological ‘green’ business models for agriculture and artisanal food production, notably through fostering short supply chains and quality food production; fully contribute to the farm to fork targets and ambition, and to include a national target for organic land based on an analysis of the organic sector’s current development and potential in each Member State; calls on the European Commission to only approve CAP National Strategic Plans if they demonstrate their contribution to European Green Deal objectives, given Member States respective baselines, and to make sure that all CAP National Strategic Plans together meet the Union- wide targets; calls on Member States to ensure adequate financial support and incentives to promote new ecological ‘green’ business models for agriculture and artisanal food production, notably through fostering short supply chains, pesticide free and high-quality, local food production; stresses that such models should support farmers in the transition towards climate neutrality and biodiversity conservation, and calls for eco-schemes to include a funding mechanism to help farmers transition away from animal agriculture, towards plant-crop farming, to ensure a healthy and sustainable future;
Amendment 1235 #
2020/2260(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Calls for CAP National Strategic Plans to ensure adequate financial support and incentives to promote new ecological ‘green’ business models for agriculture and artisanal food production, notably through fostering short supply chains and, shifting to the transport of meat/carcasses and genetic material instead of live animals, increasing the proportion of high animal welfare farming systems and supporting quality food production;
Amendment 1290 #
2020/2260(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Recalls that the European food system generally delivers a sufficient and varied supply of safe, nutritious, affordable and sustainable food to people at all times and and affordable food to people at all times but emphasises that the healthfulness and sustainability of European food must still improve; points out that an estimated 11% of the population (49 million people, EU-27) are unable to afford a quality meal every second day and that COVID-19 is likely to exacerbate financial difficulties for many European households; stresses that food poverty requires appropriate policy response; underlines that increasing the economic, environmental and social sustainability of food producers will ultimately increase their resilience; encourages the Commission and the Member States to consider the food supply chain and its workers as a strategic asset for the safety and well-being of all Europeans, and to ensure that working and social protection conditions throughout the EU food supply chain meet national, EU and international standards for all workers;
Amendment 1338 #
2020/2260(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Underlines that robust and reliable legal frameworks for the fisheries and aquaculture sector, aligned with the updated Strategic Guidelines for the sustainable development of EU aquaculture, should provide the basis for better protection measures with subsequent increases in fish populations and more clarity regarding the use of veterinary drugs, including antibiotics, space and licenses in aquaculture, allowing for greater predictability for investments; stresses that good traceability mechanisms and high sustainability and animal welfare standards for all products sold on EU markets are essential to ensure transparency for consumers, the sector and the different administrations, and to achieve the targets of the Green Deal and the SDGs;
Amendment 1355 #
2020/2260(INI)
Motion for a resolution
Paragraph 10 b (new)
Paragraph 10 b (new)
10b. Stresses that fish are sentient beings and should be spared unnecessary suffering; calls on the Commission and the Member States to take steps to develop and implement gentler methods of capture, landing, transport and slaughter of fish in order to reduce stress and improve fish quality;
Amendment 1356 #
2020/2260(INI)
Motion for a resolution
Paragraph 10 c (new)
Paragraph 10 c (new)
10c. Notes that EU animal welfare legislation is currently not applicable to marine invertebrates, while several third countries have included these animals in their animal welfare legislation; calls on the Commission and the Member States to take steps to improve the welfare of marine invertebrates, like crabs and lobsters, by including these animals in their animal welfare legislation;
Amendment 1362 #
2020/2260(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Expresses its deep concern about the emergence of zoonotic diseases that are transferred from animals to humans (anthropozoonoses), such as Q fever, avian influenza and the new strain of influenza A (H1N1), which is exacerbated by anthropogenic climate change, the destruction of biodiversity, environmental degradation and our current food production systems; underlines that the intensive animal production systems, which involve the confinement of thousands of animals of a similar genotype in close proximity to one another under chronically stressful conditions can significantly compromise animal welfare and increases their susceptibility to infectious disease, creating conditions for the emergence and spread of zoonotic diseases;
Amendment 1405 #
2020/2260(INI)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. Notes that outbreaks of animal diseases have disastrous consequences for the health and welfare of animals, farmers and local residents; stresses that human and animal health must prevail at all times and that a drastic reduction of intensive livestock farming and the amount of animals kept in the EU for agricultural purposes is necessary in this regard;
Amendment 1411 #
2020/2260(INI)
Motion for a resolution
Paragraph 11 b (new)
Paragraph 11 b (new)
11b. Is deeply worried about the potential of intensive livestock farms to facilitate the spread of pests and epidemic diseases, especially in areas with a high concentration of intensive farms; urges the Commission, Member States and regional authorities to use all means to their disposal to protect public and animal health, including notably spatial zoning policy ensuring a sufficiently large buffer strip between industrial farms and populated areas, and to regulate a maximum stocking density;
Amendment 1414 #
2020/2260(INI)
Motion for a resolution
Paragraph 11 c (new)
Paragraph 11 c (new)
11c. Welcomes the emphasis placed on the need to reduce antibiotics use in animal agriculture and stresses that EU initiatives in this area should adopt a One Health approach that recognises the interdependence between the health and well-being of humans, animals and the planet; calls to ensure equivalent standards for products of animal origin imported into the EU as those adopted under the Veterinary Medicines Regulation; notes the need, as part of the revision of the feed additives Regulation, to address substances currently not classified as antibiotics, such as coccidiostats, that may be used in animal agriculture in high quantities for preventative use and thereby compensate for poor animal husbandry practices;
Amendment 1416 #
2020/2260(INI)
Motion for a resolution
Paragraph 11 d (new)
Paragraph 11 d (new)
11d. Urges the Commission to present legal proposals to ban the import, trade and consumption of all wildlife in the EU in order to reduce the risk of future zoonosis outbreaks;
Amendment 1417 #
2020/2260(INI)
Motion for a resolution
Paragraph 11 e (new)
Paragraph 11 e (new)
11e. Calls for an EU wide ban on fur production as the COVID-19 pandemic has shown that this sector is highly susceptible for infectious disease and is responsible for intolerable animal suffering;
Amendment 1440 #
2020/2260(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Calls for primary producers to be supported in making the transition to greater sustainability, including cage-free animal farming, through the encouragement of cooperation and collective actions as well as through competition rules and the enhancement of possibilities for cooperation within the common market organisations for agricultural, fishery and aquaculture products, and thus for farmers’ and fishers’ position in the supply chain to be strengthened in order to enable them to capture a fair share of the added value of sustainable production;
Amendment 1445 #
2020/2260(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Calls for support to primary producers to be supported in makingin the transition to greater sustainability through the encouragement of, including cage-free animal farming, by encouraging cooperation and collective actions as well as through competition rules and theby enhancement ofing the possibilities for cooperation within the common market organiszations for agricultural, products and fishery and aquaculture products, and thus forstrengthening farmers’ and fishers’ position in the supply chain to be strengthened in order to enable them to capture a fair share of the added value of sustainable production;
Amendment 1491 #
2020/2260(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Urges the Commission to follow up on Directive (EU) 2019/633 on unfair trading practices22 and the EU code of conduct on responsible business and marketing practices by producing a monitoring framework for the food and retail sectors and providing for legal action if progress in integrating, animal welfare, economic, environmental and social sustainability into corporate strategies is insufficient, and in so doing promoting and rewarding the efforts of sustainable agricultural producers while increasing the availability and affordability of healthy, sustainable food options andand higher animal welfare food while also reducing the overall environmental footprint of the food system; stresses the importance of halting and addressing the consolidation and concentration in the grocery retail sector in order to ensure fair prices for farmers; _________________ 22OJ L 111, 25.4.2019, p. 59.
Amendment 1512 #
2020/2260(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Stresses that self-regulation is not effective enough and that the proposed EU code of conduct should be accompanied by binding targets and measures to discourage non-compliance, such as administrative or economic sanctions, as this is the only means to ensure business operators to improve formulation of processed food and levels of nutrients;
Amendment 1518 #
2020/2260(INI)
13b. Highlights that the COVID-19 pandemic shed new light on the challenging working and living conditions of millions of workers in the agricultural sector in Europe, notably those working in slaughterhouses, and calls for the recognition of the importance of protecting workers’ individual and collective labour and social rights, thereby reinforcing the ‘social dimension’ of EU agriculture, and calls on the Commission to strengthen measures focusing on the rights, working and employment conditions and social protection of farm labourers including migrants and other mobile workers, and to ensure coherence between policy areas on this issue;
Amendment 1526 #
2020/2260(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Urges the reviewoverhaul of the EU promotion programme for agricultural and food products, including the EU school scheme, with a viewto align it fully with the European Green Deal and the Sustainable Development Goals, with a view bringing it into coherence with the objectives of the Green Deal and farm to fork strategy and to enhancing its contribution to sustainable production and consumption, notably by promoting organic produce, focusing on educational messages about the importance of healthy nutritionand sustainable nutrition based on less meat and dairy and promoting greater consumption of fruit and vegetables with the aim of reducing obesity rates, increasing environmental awareness and encouraging a shift towards a more sustainable plant-based diet;
Amendment 1577 #
2020/2260(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Regrets that unsubstantiated and often misleading claims and images are used on food packaging, decreasing the transparency of products for consumers; emphasises the need to regulate front of pack claims and images making it difficult for consumers to make healthy, animal welfare and environmentally friendly food choices;
Amendment 1579 #
2020/2260(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Points out that given the significant environmental impact of dairy production, the EU school scheme should be limited to organic fruit and vegetables, and no longer promote cow’s milk; underlines that, at the very minimum, children should be offered the alternatives of plant-based milk products if it continues;
Amendment 1586 #
2020/2260(INI)
Motion for a resolution
Paragraph 14 b (new)
Paragraph 14 b (new)
14b. Welcomes Council Conclusions of 15 December 2020 on an EU-wide animal welfare label; recalls that a majority of European citizens are interested in receiving information on farmed animal welfare when buying animal products; calls on the Commission to develop a harmonised multi-tiered animal welfare labelling system clearly and concisely indicating the methods used for the production during the rearing, transport and slaughter and underpinned by science-based animal welfare indicators, including minimum EU standards and exceeding them, empowering consumers to make informed choices;
Amendment 1588 #
2020/2260(INI)
Motion for a resolution
Paragraph 14 b (new)
Paragraph 14 b (new)
14b. Welcomes the Strategy’s recognition that marketing campaigns advertising meat at very low prices should be avoided, but regrets that the Strategy made no commitment to cease stimulating the production and consumption of meat through promotional programmes for agricultural products;
Amendment 1590 #
2020/2260(INI)
Motion for a resolution
Paragraph 14 c (new)
Paragraph 14 c (new)
14c. Takes note of the Commission's implementing decision of 16 December 2020 on the financing of information provision and promotion measures concerning agricultural products implemented in the internal market and in third countries and the adoption of the work programme for 2021; welcomes the recognition that there is an urgent need to reduce dependency on pesticides and antimicrobials, reduce excess fertilisation, increase organic farming, improve animal welfare, and reverse biodiversity loss and that the annual work programme’s orientation should therefore include topics that highlight and favour products complying with these objectives; sees the ring-fencing of half of the annual work programme’s budget on promoting organic products, on highlighting the environmental sustainability of Union agriculture and on promoting the consumption of fruit and vegetables in the context of balanced, healthy diets as a step into the right direction, but stresses that more should be done to achieve the targets of the farm to fork and the Green Deal; calls on the Commission to ensure that in the next annual work programme, the entire budget is ring-fenced to sustainable, organic and plant based products and promotes short and local food chains;
Amendment 1591 #
2020/2260(INI)
Motion for a resolution
Paragraph 14 c (new)
Paragraph 14 c (new)
14c. Urges the Commission to revise, improve and expand the animal welfare acquis in the light of the latest scientific evidence and to introduce updated science-based species-specific animal welfare requirements for all farmed species, with special attention to the stunning methods and parameters used before slaughter and to ensure effective protection to all the animals transported for commercial reasons, to stop long- distance transports, and to promote a meat and carcasses and genetic material intra- and extra-EU trade; demands that the ‘One Welfare’ approach should guide the review process;
Amendment 1594 #
2020/2260(INI)
Motion for a resolution
Paragraph 14 d (new)
Paragraph 14 d (new)
14d. Recalls that an overwhelming majority of European citizens want better protection for all farmed animal species and hence calls for the thorough revision of the animal welfare acquis, with special focus on improving and expanding Directive 98/58/EC and Regulations 1/2005 and 1009/2009, in light of the latest scientific evidence and to introduce updated science-based animal welfare requirements for all farmed species, including farmed fish;
Amendment 1595 #
2020/2260(INI)
Motion for a resolution
Paragraph 14 d (new)
Paragraph 14 d (new)
14d. Denounces the use of the EU promotion programme for false and misleading claims on animal welfare, as was for example recently ruled by the SRC, the self-regulation system of advertising in The Netherlands, in the case of a promotion campaign for chicken, and calls on the Commission to ensure that misleading advertising campaigns are not co-financed with EU funding;
Amendment 1596 #
2020/2260(INI)
Motion for a resolution
Paragraph 14 e (new)
Paragraph 14 e (new)
14e. Welcomes the recognition that better animal welfare improves animal health and reduces the need for medication, while also contributing to protecting biodiversity; calls on the Commission to proactively promote a decisive transition towards higher animal welfare and nature-inclusive farming and aquaculture practices, which can deliver ecological services while also better safeguarding animal and human health and welfare;
Amendment 1620 #
2020/2260(INI)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
Amendment 1634 #
2020/2260(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Calls for regulatory measures to reduce the burden that highly processed foods with high salt, sugar and fat content place on public health; regrets that the introduction of nutrient profiles is greatly delayed and stresses that a robust set of nutrient profiles must be developed to restrict or prohibit the use of falsecalls that nutrient profiles, which are long overdue, remain pertinent and necessary to meet the objectives of Regulation (EC) No 1924/2006 on Nutrition and Health Claims; welcomes the announcement of a legislative proposal to establish nutrient profiles; points out that many food products, including some marketed towards children, continue to use health and nutrition claims despite them having high levels of nutrients of concern; stresses that a robust set of nutrient profiles must be developed to prohibit the use of claims on foods high in fats, sugars and/or salt; calls on binding targets for the major food producers and retailers to reformulate processed foods; highlights that 1 in 2 adults is overweight or obese in the EU, demonstrating the need for stronger action to help stem this public health crisis; recognises that front-of-pack nutritional claims on foods high in fats, sugars and/or salt; calls for abels have been identified by international public health bodies such as the World Health Organisation as a key tool to help consumers make more informed and healthier food choices; calls on the Commission to ensure that the EU mandatory EU-wide front-of-pack nutritional labell is developed based on robust, independent scientific evidence and demonstrated consumer understanding; system based on independent sciencetresses furthermore that to facilitate comparison across products, it should include an interpretive element and be based on uniform reference amounts such as per 100g/100ml;
Amendment 1692 #
2020/2260(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16a. Calls for renewed attention to achieve an effective and EU-wide approach to tackle the exposure of children and adolescents to the advertising and marketing [commercial communications] of processed foods high in fat, sugar and salt on broadcast and digital media; calls on the Commission to consider taking legislative action to protect the health of this vulnerable group of consumers, and calls on Member States and regional authorities to ban commercial communications in public spaces and to take a stand against the promotion of unhealthy choices due to the rapid release of new establishments of fast-food chains;
Amendment 1711 #
2020/2260(INI)
Motion for a resolution
Paragraph 16 b (new)
Paragraph 16 b (new)
16b. Encourages the Commission to set measurable targets to reduce the consumption of meat in the EU, more in line with dietary guidelines and the sustainability challenges; suggests the inclusion of the target established in the Netherlands, to ensure a level-playing field in the EU, of a reversal of the ratio of animal protein to plant protein consumption from 60/40 to 40/60, and a 10 to 15 % reduction in the total protein intake;
Amendment 1726 #
2020/2260(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. WRegrets the lack of action to ensure that all food contact materials are safe and sustainable, welcomes the Commission’s commitment to revise the EU legislation on food contact materials (FCM); reiterates its call to revise the legislation on FCM in line with the regulation on the registration, evaluation, authorisation and restriction of chemicals (REACH), as well as classification, labelling and packaging regulations, and to insert, without further delay, specific provisions to substitute endocrine disrupting chemicals; calls for the revision to also include inks and other materials in contact with food and likely to migrate into it and to cover all most common and all hazardous contaminants in FCMs;
Amendment 1741 #
2020/2260(INI)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17a. Welcomes the intention of the Commission to establish rules for the safe recycling into food contact materials of plastic materials other than PET, and calls on the Commission to also establish rules on other streams including the inks, liners and glues allowed on the internal market to ensure that hazardous chemicals and compounds, such as heavy metals, MOSH/MOAH and other endocrine disrupting and otherwise hazardous chemicals do not end up in recycled plastic, paper and cardboard to ensure safe food packaging;
Amendment 1747 #
2020/2260(INI)
Motion for a resolution
Paragraph 17 b (new)
Paragraph 17 b (new)
17b. Insists further on the need for comprehensive, harmonised regulation of all FCMs, which should be based on the precautionary principle, the principle of ‘no data, no market’, comprehensive safety assessments that address all the relevant safety and health endpoints and are based on the latest scientific data for all chemicals used in FCMs, effective enforcement and improved information to consumers;
Amendment 1755 #
2020/2260(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Welcomes the fact that the strategy rightly recognises the role and influence of the food environment in shaping consumption patterns and the need to make it easier for consumers to choose healthy and sustainable diets; regrets, however, the lack of a systematic and evidence-based approach to creating healthy food environments and the renewed reliance on self-regulation via a code of conduct, reiterates the importance of promoting sustainable diets by changing the food environment, raising consumer awareness of the impacts of consumption patterns and providing information on diets that are better for human health and have a lower environmental footprint; underlines that food prices must send the right signal to consumers; welcomes, therefore, the strategy’s objective that the healthy and sustainable choice should become the most affordable one;
Amendment 1793 #
2020/2260(INI)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18a. Stresses the need for True Pricing of food to ensure that food prices increasingly reflect the true cost of food by internalising externalities and by upholding the ‘polluter pays principle’ in food production; welcomes the announcement of tax incentives that drive the transition to a sustainable food system and encourage consumers to choose sustainable and healthy diets, like the Commission’s proposal on VAT rates currently under discussion, that could allow Member States to make more targeted use of rates, for instance to support organic fruit and vegetable;
Amendment 1803 #
2020/2260(INI)
Motion for a resolution
Paragraph 18 b (new)
Paragraph 18 b (new)
18b. Urges the Commission to present legal or fiscal instruments by 2022 to translate this principle into practice, which should incorporate flexibility in the VAT rates on food with different health and environmental impacts, promoting the use of a zero VAT tax for healthy and sustainable food products (e.g., organic vegetables and fruits) and higher VAT rate on meat and dairy;
Amendment 1805 #
2020/2260(INI)
Motion for a resolution
Paragraph 18 c (new)
Paragraph 18 c (new)
18c. Invites the Commission to launch a study to quantify in economic terms the environmental and societal (including health-related) costs associated with the production and consumption of the most consumed food products on the EU market, and to conduct an inventory of international true cost/true pricing-related initiatives and analyses, and an assessment of the strong and weak points and lessons learned of the variety of methods and approaches in use, as a first step towards moving towards true cost accounting for food;
Amendment 1807 #
2020/2260(INI)
Motion for a resolution
Paragraph 18 d (new)
Paragraph 18 d (new)
18d. Welcomes the future legislative proposals to improve consumer information on food origin; highlights that origin is the most important factor for Europeans when buying food and therefore reiterates its calls for mandatory origin labelling of drinking milk, dairy products and meat used as an ingredient in processed foods; adds furthermore that mandatory labelling of origin should also be extended to seafood products, not least those that are preserved or processed; stresses that the existing country of origin labelling has many defects and omissions (for instance packaged mixed vegetables) and in some cases such as with honey creates more confusion than clarity, calls for amendments to ensure full transparency and counter fraud;
Amendment 1811 #
2020/2260(INI)
Motion for a resolution
Paragraph 18 e (new)
Paragraph 18 e (new)
18e. Highlights consumers’ increasingly broad interest in food, which also expands to animal welfare as well as environmental and social sustainability and welcomes the Commission’s intention to develop a new framework for sustainable food labelling; calls on the Commission to define the methodology and specify which dimensions of sustainability would be covered while ensuring that the new scheme does not conflict with existing environmental frameworks such as the EU ecolabel or the organic logo;
Amendment 1814 #
2020/2260(INI)
Motion for a resolution
Paragraph 18 f (new)
Paragraph 18 f (new)
18f. Highlights that too many unsubstantiated and even misleading environmental claims are being used on food, creating confusion among consumers and making it difficult for them to identify the products that are truly environmentally friendly; calls on the Commission to introduce a new regulatory framework establishing a clear, swift and efficient pre-approval procedure for all green claims and labels, taking into account the experience gained in the application of the system already in place for health and nutrition claims; stresses that such framework would protect consumers from untruthful green claims while ensuring that businesses who genuinely strive for more environmentally friendly operations are duly rewarded for their efforts; stresses the need for independent certification and audits of any label allowed on food products;
Amendment 1817 #
2020/2260(INI)
Motion for a resolution
Paragraph 18 g (new)
Paragraph 18 g (new)
18g. Underlines the need to establish method-of-production labels on animal products and products derived from animals, containing the date and place of birth, rearing and slaughter of the animal of concern as well as other relevant information such as the housing systems in which it was kept, in order to increase transparency, help consumers to make a better choice and contribute to the welfare of animals;
Amendment 1818 #
2020/2260(INI)
Motion for a resolution
Paragraph 18 h (new)
Paragraph 18 h (new)
18h. Stresses the need that labelling and marketing rules favour the much needed transition towards sustainable diets, especially sustainable proteins, and stresses that the transition towards more plant based proteins should be promoted, not hindered; calls furthermore for the long overdue rules for clear labelling for vegetarian and vegan suitable foods to be put forward without further undue delay;
Amendment 1819 #
2020/2260(INI)
Motion for a resolution
Paragraph 18 i (new)
Paragraph 18 i (new)
18i. Stresses the role of retailers and the hospitality sector in creating the food environment which greatly influences consumer behaviour, calls for measures, including regulation, to ensure a healthy food environment, including but not limited to addressing the unhealthy snack promotions at cash registers and the dramatic increase in the number of fast- food restaurants in city centres, along highways and at public transportation hubs;
Amendment 1825 #
2020/2260(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Reaffirms its belief and the evidence that policy measures that are dependent solely on consumer choice unduly shift the responsibility to purchase sustainable products to consumers and lack efficacy; notes that third- party certification and labelling alone are not effective in ensuring sustainable production and consumption; stresses the need to raise the bar on sustainability requirements for food through legislative measures; emphasises that sustainability labelling should be based on harmonised sustainability criteria and should entail independent certification and inspections and cannot replace regulation but only complement it;
Amendment 1897 #
2020/2260(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Highlights the recognition in the strategy that Europeans’ diets are not in line with recommendations for healthy eating, and that a population-wide shift in consumption patterns is needed towards more healthy and plant-based foods and less red and processed meatanimal products, sugars, salt, and fats, which will also benefit animal welfare and the environment; emphasises that EU-wide guidelines, including clear targets, for sustainable and healthy diets would bring clarity to consumers on what constitutes a healthy and sustainable diet and inform Member States’ own efforts to integrate sustainability elements in national dietary advice; calls on the Commission to develop such guidelines and specific actions to effectively promote healthy plant-based diets;
Amendment 1923 #
2020/2260(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Considers that the further development of plant protein production and alternative sources of protein in the EU is a way of effectively addressing many of the environmental and climate challenges that EU agriculture is facing, as well as preventing deforestation in countries outside the EU, biodiversity loss and ecosystem degradation in countries outside the EU; calls on the Commission to present an EU protein transition strategy covering the demand and the supply side, prioritising food over feed production, enhancing EU self- sufficiency and lowering overall environmental and climate impacts;
Amendment 1980 #
2020/2260(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Calls for a revision of public procurement legislation, including minimum mandatory criteria in schools and other public institutions to encourage organic and local food production and to promote more healthywith higher animal welfare standards and to promote healthier and plant-based diets by creating a food environment that enables consumers to makemakes healthy choices the healthy choice; siest ones;
Amendment 2006 #
2020/2260(INI)
Motion for a resolution
Paragraph 22 a (new)
Paragraph 22 a (new)
22a. Recommends that the criteria are developed in a way that they integrate principles of the circular economy, ensure the reduction of packaging and food waste and can be used beyond public authorities by corporate groups reporting on sustainability and covered by non- financial reporting policy as well as private institutions offering the same services as public services;
Amendment 2010 #
2020/2260(INI)
Motion for a resolution
Paragraph 22 b (new)
Paragraph 22 b (new)
22b. Stresses that all schools, kindergartens and public canteens in the EU need mandatory, progressive, sustainable food procurement with at least 20% of organic products by 2022, increasing annually to 60% by 2030;
Amendment 2028 #
2020/2260(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Reiterates its call to take the measures required to achieve a Union food waste reduction target of 30 % by 2025 and 50 % by 2030 compared to the 2014 baseline; underlines that binding targets are urgently needed to achieve this and that food losses and waste at the level of primary production, processing and retail should be included in the targets;
Amendment 2043 #
2020/2260(INI)
Motion for a resolution
Paragraph 23 a (new)
Paragraph 23 a (new)
23a. Calls for the comprehensive measurement of unharvested food and food ploughed back into the field, and for the identification of the trading practices and policy changes needed to prevent such food waste; stresses that CAP Strategic Plans should include Food Loss and Waste prevention actions at farm level, including support for the development of Short Food Supply Chains, which lower the risks of generating food waste;
Amendment 2070 #
2020/2260(INI)
Motion for a resolution
Paragraph 24 a (new)
Paragraph 24 a (new)
24a. Invites to delete rules in relevant EU-legislation that are detrimental to the welfare of animals such as the requirement of minimum liver weights for foie gras production in Commission Regulation 543/2008 laying down detailed rules for the application of Council Regulation (EC) No 1234/2007 as regards the marketing standards for poultry meat;
Amendment 2074 #
2020/2260(INI)
Motion for a resolution
Paragraph 24 a (new)
Paragraph 24 a (new)
24a. Highlights with concern the downward trend across the EU in both the number of official food controls undertaken and the resources allocated to them; calls on the Member States to step up their audits and inspections in all parts of the food chain, including border controls; supports the Commission in its efforts to combat food fraud and stresses that consumers must always be informed of cases of food fraud and recalls;
Amendment 2094 #
2020/2260(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Underlines the importance EU funding for research and innovation as a key driver in accelerating the transition to a more sustainable, healthy and inclusive European food system while facilitating investments needed to encourage agro- ecological practices in both social and technological innovation, including the promotion of NAMs, and the crucial role of farm advisory services in ensuring the transfer of knowledge to the farming community, drawing on the existing specialised training systems for farmers in Member States; welcomes the proposed earmarking of funds under Horizon Europe for research into the availability and sources of alternative plant, microbial and marine algae based proteins; warns against excessive reliance on technological innovations which do not address the root causes of problems nor the systemic environmental issues faced by the agricultural sector; reminds that many alternatives to excessive use of agricultural inputs such as chemical pesticides already exist and that it is essential to focus on better uptake by farmers; recalls that the precautionary principle underpins the EU Directive on GMO (Dir. 2001/18/EC) and that the 2018 ruling the Court of Justice of the EU strengthens the precautionary protection of human and environment;
Amendment 2156 #
2020/2260(INI)
Motion for a resolution
Paragraph 25 a (new)
Paragraph 25 a (new)
25a. Calls for clear commitments to ringfence 25% of the budget for research and innovation for organic farming and agro-ecological approaches, both in national research and innovation (R&I) programmes and European frameworks (e.g. Horizon Europe), in line with the farm to fork targets to reduce pesticides and to reach 25% organic land at EU level;
Amendment 2167 #
2020/2260(INI)
Motion for a resolution
Paragraph 25 b (new)
Paragraph 25 b (new)
25b. Highlights that the farm to fork strategy and Horizon Europe place excessive emphasis on end-of-pipe solutions and technological innovation such as digitalisation, biotechnology, bio- economy, stresses that a transition from technology to knowledge, investing more in participatory research programmes, is needed in agricultural research to bring tailored solutions to farmers, in line with their specific environmental conditions; adds furthermore that to achieve this, increasing the resources available to public science and knowledge production would be required, while ending the corporate capture of certain EU research funds;
Amendment 2183 #
2020/2260(INI)
Motion for a resolution
Paragraph 25 c (new)
Paragraph 25 c (new)
25c. Highlights that the precautionary principle must be followed at all times, especially when investments in innovation are to be carried out;
Amendment 2185 #
2020/2260(INI)
Motion for a resolution
Paragraph 25 d (new)
Paragraph 25 d (new)
25d. Stresses that the ERDF and EAFRD should be aligned to promote the goal of shorter food supply chains; emphasises furthermore that the ERDF should support cities in developing ambitious food strategies which are aligned with cities’ climate and social ambitions, and support the connection between cities and rural areas;
Amendment 2187 #
2020/2260(INI)
Motion for a resolution
Paragraph 25 e (new)
Paragraph 25 e (new)
25e. Regrets that the global dimension of the farm to fork strategy is not ambitious enough; notes with concern that actions to address elements related to international aspects and trade are vague and non-committal;
Amendment 2236 #
2020/2260(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
26. Recalls the global responsibility of European food systems and their key role in setting global standards for food safety, environmental protection and animal welfare; calls on the Commission and the Member States to ensure that all food and feed products imported to the EU fully meet relevant EU regulations and standards applied in the EU and to provide development assistance to support primary producers from developing countries in meeting those standards; welcomes the Commission’s intention to take the environmental impacts of requested import tolerances into account;
Amendment 2242 #
2020/2260(INI)
Motion for a resolution
Paragraph 26 a (new)
Paragraph 26 a (new)
Amendment 2266 #
2020/2260(INI)
Motion for a resolution
Paragraph 26 a (new)
Paragraph 26 a (new)
26a. Welcomes the commitment made by the EU to pursue the development of Green Alliances on sustainable food systems with all its partners in bilateral, regional and multilateral fora; reminds that sustainable food systems are linked to improved welfare of animals;
Amendment 2275 #
2020/2260(INI)
Motion for a resolution
Paragraph 26 b (new)
Paragraph 26 b (new)
26b. Encourages the Commission to integrate a reform of the goods classification system in its possible trade and climate initiative in the World Trade Organization (WTO) and other initiatives in preparation of the 12th WTO Ministerial Conference, enabling differentiation of products according to the emissions induced during their production phase;
Amendment 2286 #
2020/2260(INI)
Motion for a resolution
Paragraph 26 c (new)
Paragraph 26 c (new)
26c. Calls to integrate Policy Coherence for Sustainable Development in trade and investment policies, and to monitor negative impacts of EU food exports on small-scale food and agricultural producers in third countries;
Amendment 2289 #
2020/2260(INI)
Motion for a resolution
Paragraph 26 d (new)
Paragraph 26 d (new)
26d. Calls on the Commission to critically reassess all current trade deals and all trade deals which are currently under negotiation on their health and environmental impacts;
Amendment 2290 #
2020/2260(INI)
Motion for a resolution
Paragraph 26 e (new)
Paragraph 26 e (new)
26e. Strongly welcomes the intention of the Commission to lead by example, and, in line with international commitments, to ensure that hazardous chemicals, including pesticides, banned in the EU are not produced for export, including by amending relevant legislation if and as needed; invites the Commission to apply this principle also on other relevant areas by ensuring that livestock systems- and products that are not allowed in the EU, i.a. unenriched cage systems are not produced and are forbidden to export;
Amendment 2292 #
2020/2260(INI)
Motion for a resolution
Paragraph 26 f (new)
Paragraph 26 f (new)
26f. Notes with concern that several audits carried out by DG Sante as well as detailed NGO investigations state that full traceability of live horses from Argentina destined to the European Union market is not ensured, involving food safety risks, and that animal welfare is compromised; calls on the Commission to suspend the import of horse meat from countries where applicable EU requirements relating to traceability and animal welfare are not complied with;
Amendment 2294 #
2020/2260(INI)
Motion for a resolution
Paragraph 26 g (new)
Paragraph 26 g (new)
26g. Reminds that structural animal experiments that are not indispensable should have no place in the food chain as Directive 2010/63/EU prescribes the replacement and reduction of the use of animals in procedures; calls on the Commission and Member States to stop the import and domestic production of Pregnant Mare Serum Gonadotropin(PMSG), which is extracted from the blood of pregnant horses that are systematically impregnated and exposed to blood collections, involving health- and welfare issues;
Amendment 11 #
2020/2085(INI)
Motion for a resolution
Citation 8 a (new)
Citation 8 a (new)
— having regard to the Commission Communication of 30 June 2021 on the European Citizens' Initiative ‘End the Cage Age’ (C(2021)4747),
Amendment 14 #
2020/2085(INI)
Motion for a resolution
Citation 9 a (new)
Citation 9 a (new)
— having regard to the Council Conclusions of 7 December 2020 on an EU-wide animal welfare label (13691/20),
Amendment 30 #
2020/2085(INI)
Motion for a resolution
Recital A
Recital A
A. whereas animal welfare is a sensitive and increasingly important ethical issue in our society;
Amendment 31 #
2020/2085(INI)
Aa. whereas Article 13 of the Treaty on the Functioning of the European Union recognises that animals are sentient beings and stipulates that the Union and Member States shall pay full regard to their welfare requirements in formulating and implementing the Union's agriculture and fisheries policies;
Amendment 41 #
2020/2085(INI)
Motion for a resolution
Recital B
Recital B
B. whereas European food-production standards, including animal welfare criteria, are among the highest and most rigorous in the worldin the world, yet still need improvement;
Amendment 45 #
2020/2085(INI)
Motion for a resolution
Recital C
Recital C
C. whereas more uniform application of existing animal welfare legislation and updating according to latest scientific knowledge is a prerequisite to raising these standards;
Amendment 52 #
2020/2085(INI)
Motion for a resolution
Recital D
Recital D
D. whereas some European farmers have made steady progress in recent decades by looking critically at their practices and making improvements and adjustments in their work; whereas they rely on the support of advisory and research bodies and a number of non- governmental organisations to improve their practices; whereas, what is more, European farmers want to continue to move forward in this area but face technical and economic obstacles;
Amendment 60 #
2020/2085(INI)
Motion for a resolution
Recital E
Recital E
E. whereas animal welfare goes hand in hand with farmers’ and farm operators' welfare and both should be given appropriate resources;
Amendment 64 #
2020/2085(INI)
Motion for a resolution
Recital E a (new)
Recital E a (new)
Ea. whereas the COVID-19 pandemic has highlighted the direct link between animal and human health and wellbeing; whereas animal welfare is also linked to the environment, as best explored through the One Welfare framework;
Amendment 73 #
2020/2085(INI)
Motion for a resolution
Recital F
Recital F
F. whereas scientific and technical developments have improved our understanding of animal sentience, behaviour and welfare;
Amendment 75 #
2020/2085(INI)
Motion for a resolution
Recital G
Recital G
G. whereas significant difficulties were encountered in the collection of data on the implementation of on-farm animal welfare legislation as regards both the quality and the availability of data, due to lack of monitoring and data collection requirements on Member States;
Amendment 78 #
2020/2085(INI)
Motion for a resolution
Recital H
Recital H
H. whereas the current legislation is partly obsolete and lags behind the scientific advances and technical progress made in farming practices, as well as citizens’ demands regarding animal welfare;
Amendment 84 #
2020/2085(INI)
Motion for a resolution
Recital J
Recital J
J. whereas EU animal welfare legislation does not cover allestablishes species-specific minimum welfare standards only for pigs, laying hens, broilers and calves, while there is no species-specific legislation for other species farmed for food, including fish;
Amendment 92 #
2020/2085(INI)
Motion for a resolution
Recital K
Recital K
K. whereas initiatives other than EU legislation and official checks have played a part in the continuous improvement of farming practices; whereas many member states have implemented own initiative animal welfare standards that are more stringent than those of the EU;
Amendment 93 #
2020/2085(INI)
Motion for a resolution
Recital L
Recital L
L. whereas the Member States have been given considerable discretion over how to set requirements and assess compliance with them; whereas the Member States have taken different approaches to the allocation of resources and prioritisation of official checks; whereas this has led to different levels of compliance and risks disadvantaging compliant farmers;
Amendment 95 #
2020/2085(INI)
Motion for a resolution
Recital M
Recital M
M. whereas the directives on pigs (for pregnant sows), calves and laying hens have led to some positive, but limited, structural changes to the way in which animals are reared; whereas in the egg, veal and pigmeat sectors, the directives have led to significant changes to buildings and equipment and played a part in some advances in the number and size of holdings; whereas the species- specific directives and in particular the general Directive 98/58/EC have had modest effect in terms of improving animal welfare;
Amendment 98 #
2020/2085(INI)
Motion for a resolution
Recital N
Recital N
N. whereas the laying hens directive has been a success in providing good definitions for the different production systems; whereas this success is limited, however, given the broad range of approaches applied by the Member States to its implementation, which hasand the Directive’s lack of clear, mandatory and comprehensive provisions, which have enabled distorted competition to persist in the single market;
Amendment 108 #
2020/2085(INI)
Motion for a resolution
Recital P
Recital P
P. whereas a distinction should be drawn between anecdotalthere are documented cases of non- compliance, which are the focus of too much atten - in some cases widespread - which shows the need to produce fit-for-purpose legislation, and the vast majority ofensure compliance, to ensure a level playing field for those farmers who do follow the rules;
Amendment 112 #
2020/2085(INI)
Motion for a resolution
Recital P a (new)
Recital P a (new)
Pa. whereas documentation from whistleblowers has on occasion served to expose cases of non-compliance and raise awareness of the need to make animal welfare legislation fit-for-purpose;
Amendment 129 #
2020/2085(INI)
Motion for a resolution
Recital T
Recital T
T. whereas particular attention should be paid to ensuring that ourconsistent political decisions do not weakenlead the European livestock- production sector, which would lead to to shift to higher quality, lower quantity production, in line with environmental, animal welfare and dietary concerns, whilst avoiding the relocation of production to other parts of the world where livestock conditions and standards are lower than in Europe, and to other, connected problems;
Amendment 143 #
2020/2085(INI)
Motion for a resolution
Recital U
Recital U
U. whereas labelling can only be effective if it is easy for consumers to understand, designharmonised for an integrated single market, applied to all animal products, and underpinned by a coherent EU trade policy;
Amendment 152 #
2020/2085(INI)
Motion for a resolution
Recital W
Recital W
W. whereas the aim in legislative action on labelling should be to harmonise and improve the implementation of regulations and standards;
Amendment 163 #
2020/2085(INI)
Motion for a resolution
Paragraph -1 a (new)
Paragraph -1 a (new)
-1 a Welcomes the Commission’s evaluation and revision of the animal welfare legislation by 2023, including on animal transport and the slaughter of animals, that aims to align it with the latest scientific evidence, broaden its scope, make it easier to enforce and ensure a higher level of animal welfare, as stated in the Farm to Fork strategy;
Amendment 169 #
2020/2085(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Acknowledges the great strides made by some livestock farmers on their farms, particularly in improving animal welfare, and their drive and commitment to forward thinking and progress;
Amendment 172 #
2020/2085(INI)
1a. Acknowledges that the development of certain farming methods and technologies aiming at increasing production and/or reducing production costs have negative consequences on the welfare of the animals; Regrets that the intensification in animal production, which is the result of a agricultural model focusing on exports, runs counter to animal welfare;
Amendment 175 #
2020/2085(INI)
Motion for a resolution
Paragraph 1 b (new)
Paragraph 1 b (new)
1b. Stresses that the genetic selection of rapid growth or high producer breeds and the widespread use of those breeds in EU agriculture has adverse consequences on animal welfare; calls for greater genetic diversity of breeds on farms, including ‘dual purpose’ animals and slower growing breeds; recognises such diversification can contribute to sustainability objectives and improve resilience against illness; calls on the EU to phase out breeding lines which results in pain and animal health problems such as fast growing poultry breeds, sows with oversized litters, high yield dairy cows, and high yield laying hen hybrids;
Amendment 179 #
2020/2085(INI)
Motion for a resolution
Paragraph 1 c (new)
Paragraph 1 c (new)
1c. Recognises that the Covid-19 pandemic is a reminder of the relation of human, animal and planetary health; expresses concern that intensive agriculture is a risk factor in further pandemics, due to its role in biodiversity loss and climate change, as well as posing a direct threat to human health through the spill-over of zoonotic diseases from livestock;
Amendment 210 #
2020/2085(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Calls on the Commission to update animal welfare rules in the light of scientific progress in this field and to establish minimum welfare standards for food-producing species that are presently not covered by species-specific legislation;
Amendment 228 #
2020/2085(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Recalls that changes must be made afterin accordance with scientific evaluation and with a view to meeting citizens’ needs and expectations, with due account for consumers’ choices and purchasing power;
Amendment 237 #
2020/2085(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Urges lawmakers to familiarise themselves with and be fully aware of the consequences of these developments; calls for changes to be assessed using a holistic approach taking in the social, environmental, animal welfare and economic components of sustainability, as well as ergonomics for farmers and health- related aspects, especially taking into account the One Health approach; recalls that animal welfare must be coupled with an sustainable economic approach if it is to prove successful in the long run;
Amendment 244 #
2020/2085(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. StressNotes that any change must bs to improve considered in the light of the time needed for livestock farmers to implement it and the inertia it may entail- farm animal welfare need an appropriate transition period;
Amendment 253 #
2020/2085(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Warns that any potential changes to cageelcomes the ECI 'End the Cage Age'; highlights that the shift to cage-free systems will need to be accompanied by precise and unambiguousclear and precise definitions of what constitutes a cage, starting from the basic definition of a cage as a system of confinement in which animals cannot display basic natural behaviours to the extent they desire;
Amendment 256 #
2020/2085(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Recalls that investments in improved animal welfare may incur higher production costs, no matter the type of livestock farming concerned; notes that, unless these costs need to be covered by financial aid or a return on investment from the market, the rise in production costs means that farmers will not be able to invest in animal welfare; recalls that according to Eurobarometer 442 Europeans recognise a price premium is justified for animal welfare-friendly products, considering the level of investment required to implement new standards and legislation, and concluded that the majority of Europeans are prepared to pay more for products sourced from animal welfare-friendly production systems;
Amendment 269 #
2020/2085(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Highlights that previous CAP funds available within the second pillar were insufficiently allocated to the objective of animal welfare; calls on the Commission to ensure that Member States' strategic plans provide support and direction to farmers in improving animal welfare standards; Calls for financial support to be provided to livestock farmers who must effect a transition on their farms, whether by means of public policies (a coherent combination of different tools, including the CAP) or the market, and for consumers to be provided with clear and transparent information by ensuring clear and reliable labelling of all animal products on welfare- related aspects of the entire production; calls, further, for a positive and non- stigmatising communications strategy to be implementedycle, including the method of production;
Amendment 276 #
2020/2085(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Urges Member States to exclude the possibility of farmers receiving CAP voluntary coupled support for cattle whose final destination is the sale for activities related to bullfighting, by proportionally excluding the number of heads of cattle from payments;
Amendment 284 #
2020/2085(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Points out that practices intended to improve animal well-being usually incur higher production costs and increase farmers’ workload, and that this must be offset by corresponding remuneration; stresses, by way of example, that phasing in loose housing for pregnant sows would require a 30-year transition period to ensure that the additional costs incurred are recouped from the market, and that the least onerous way of introducing this is to construct new buildings, something that can only be done with the cooperation of the authorities in issuing building permits;
Amendment 294 #
2020/2085(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Stresses that some measures believed to improve animal welfare are in factmay be counterproductive and may undermine other aspects of sustainability, namely welfare and health safety-related issues, as well as efforts to reduce greenhouse gas emissions; cites, by way of example, that keeping rabbits in the open air increases stress and mortality levels, and that installing collective cages in rabbitries leads to aggressive behaviour among does, causing stress, injury and reduced performanceif they are not developed holistically, taking into account welfare alongside sustainability, and acknowledging and enabling reductions in livestock density where this is necessary;
Amendment 301 #
2020/2085(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Notes the multifaceted complexity of the central, thorny welfare problem in pig farming, namely tail biting; observes that the technical difficulty encountered in the extensive research into and analysis of risk factors throughout the EU has meant that no reliable solutions whatsoever have been found and the consequent widespread practice of tail-docking; observes that tail biting occurs due to the stress, frustration and overall poor welfare experienced by pigs in overcrowded, artificial and stimuli-deprived conditions; stresses that Council Directive 2008/120/EC prohibits routine tail-docking and that the Commission has published guidelines with practical information for farmers to implement to avoid tail biting; regrets that so far only two Member States have prohibited the practice of tail-docking, and the majority of action plans submitted by other Member States contain insufficient detail; Stresses that providing appropriate environmental enrichment, particularly materials that can be manipulated and good animal husbandry, can significantly reduce the problem of tail-biting;
Amendment 307 #
2020/2085(INI)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15a. Urges the European Commission to initiate infringement proceedings against Member States that have failed to act to ensure the compliance with the ban on routine tail-docking in pigs;
Amendment 311 #
2020/2085(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Stresses the need for amendments to the veterinary rules covering pig farms to take account of progress in the field of alternatives to piglet castration;
Amendment 317 #
2020/2085(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Invites the Commission to ensure the availability in the various Member States ofHighlights the need to eliminate piglet castration without pain relief, and further to phase out piglet castration, as previously aimed for in the Brussels Declaration, by 2028; Invites the Commission, in the meantime, to lay down a harmonised EU list of the available products and protocols for the use of pain-killers and anaesthesia for piglet castration; asks the Commission to permit the short-term storage of medicines on farms and to allow veterinarians to leave them there;
Amendment 321 #
2020/2085(INI)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17a. Regrets that beak trimming is still routinely practiced for chickens, turkeys, laying hens and ducks across the European Union, despite various Member States' initiatives to regulate or prohibit the practice; calls on the Commission to ban the practice of beak trimming across the EU and to improve housing systems that fulfil the needs of the animals;
Amendment 327 #
2020/2085(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Applauds the Commission for publishing, on 12 May 2021, strategic guidelines for a more sustainable and competitive EU aquaculture, which pay particular attention to animal welfare, and welcomes the fact that Parliament’s Committee on Fisheries is drafting an own- initiative report on these guidelines which also address animal welfare; urges the Commission to deliver a legislative proposal establishing minimum welfare standards for farmed fish;
Amendment 329 #
2020/2085(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Invites the Commission to improve the internal market by devising a harmonised, shared strategy on animal welfare in European countries, while monitoring the proper implementation of and compliance with existing legislation throughout Member States;
Amendment 333 #
2020/2085(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
Amendment 345 #
2020/2085(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Calls on the Commission to reword its regulatory framework to make it clearer, with a view not to tightening rules up but rather to making the objectives and indicators more easily comprehensible and, thereby, to leaving less room for interpretation and enabling uniform national transposition among Member States; suggests updating the general directive in accordance with the latest scientific knowledge, to include the Commission’s objectives and citizens' expectations regarding the welfare of farm animals and working on species-specific directives, with due account for the nature of livestock farming, the various stages of the animals’ lives, on- farm practices unrelated to livestock farming, and the diversity of soil and weather conditions;
Amendment 354 #
2020/2085(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. InvitUrges the Commission to clarify itsdevelop an effective framework for monitoring of and in Member States and punishing them for anyto ensure that detrimental practices are tackled and to begin infringement proceedings for non- compliances;
Amendment 358 #
2020/2085(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Asks the Commission to accompany any decision with a scientific and economic impact assessment (including a market study) taking into account the diversity of farming methods in each sector in the European Union and analysing the situation from both the animal’s (species by species and at different stages of production) and the farmer’s perspective; notes that the improvement of animal welfare should be the primary consideration for legislative proposals to update and expand the body of EU animal welfare legislation;
Amendment 366 #
2020/2085(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Calls on the Commission to improve cooperation between all the stakeholders concerned and to facilitate dialogue between the various stakeholders in the Member States so as to enable joint consideration of developments in livestock-farming systems; encourages the sharing of ‘good’ practices between livestock-farming sectors and countries; wishes to see the development of tools to encourage pioneering livestock farmers to participate in development projects; asks for livestock farmers and animal welfare scientists to be involved at all stages of the studies carried out in Europe’s various regions; wishes to see the study documents and documents for disseminating good practice translated into all the languages of the European Union;
Amendment 371 #
2020/2085(INI)
Motion for a resolution
Paragraph 25 a (new)
Paragraph 25 a (new)
25a. Urges the Commission to ensure that the EU continuously raises animal welfare awareness with its trade partners, through bilateral cooperation and binding requirements in bilateral trade agreements, and through work with international organisations such as OIE and FAO; calls on the Commission to promote a level-playing field for farmers, by applying equal standards to domestic and imported products, based on the need to protect the environment and to respond to ethical concerns, as permitted by WTO rules and in particular Article XX of the GATT;
Amendment 379 #
2020/2085(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
Amendment 380 #
2020/2085(INI)
Motion for a resolution
Paragraph 26 a (new)
Paragraph 26 a (new)
26a. Recalls that mink farming can act as a reservoir for SARS-CoV-2 and future strains of the coronavirus and significantly compromises animal welfare; Strongly welcomes the initiative presented at the Agriculture and Fisheries Council meeting of 28 June 2021 and supported by several Member States, on the issue of ending fur farming in the EU; supports their call on the European Commission to undertake appropriate action to prohibit fur farming in Europe due to animal welfare, ethical and public health concerns;
Amendment 397 #
2020/2085(INI)
Motion for a resolution
Paragraph 28
Paragraph 28
28. Stresses that the introduction of animal welfare labelling requires, at an early stage, harmonised rules drawn up in collaboration with farmall stakeholders and based on clear scientific indicators; calls for consideration to be given to an EU framework for voluntamandatory labelling covering all livestock farms, so as to limit the risks of distorting competition in the internal market while leaving sufficient room for private initiatives;
Amendment 399 #
2020/2085(INI)
Motion for a resolution
Paragraph 29
Paragraph 29
29. Asks the Commission to propose an EU framework for voluntary harmonised mandatory European animal welfare labelling which is linked to EU rules – which must be its basis – and which invites the Member States to record the various approaches used; calls for its specifications to be drawn up according to a technically realistic approach and for this EU framework to ensure that value is redistributed towards livestock farmers, shows the method of production and additionally reflects the entire life cycle of the animals (including breeding, fattening, transport, slaughter); calls for its specifications to be drawn up according to a technically realistic approach, distinguishing different tiers ranging from minimum standards to premium level, and for this label to ensure that value is redistributed towards livestock farmers, to enable market-driven progress in animal welfare; Insists that the labelling scheme must be based on a clear set of technical references, with a protected use of the terms and claims made in marketing, to prevent misinformation of consumers and animal welfare-washing; recalls that, for consistency, processed products and ingredients of animal origin should also be labelled;
Amendment 403 #
2020/2085(INI)
Motion for a resolution
Paragraph 29 a (new)
Paragraph 29 a (new)
29a. Recommends that the proposed animal welfare labelling scheme take into account the increased informational demands of consumers and the concurrent objectives of Farm to Fork as concerns sustainability, health and dietary concerns, alongside animal welfare; Notes that an animal welfare labelling system that includes the transporting distance has potential to incentivize consumers to buy products that are more local, in line with the Farm to Fork objectives;
Amendment 1 #
2020/2074(INI)
Draft opinion
Recital A (new)
Recital A (new)
A. whereas the Cohesion Policy is expected to contribute 37% for 2021-2027 of the overall target of at least 30% of the total amount of Union budget and NGEU expenditures dedicated to climate expenditure;
Amendment 2 #
2020/2074(INI)
Draft opinion
Recital B (new)
Recital B (new)
B. whereas an estimated 23% of total anthropogenic greenhouse gas emissions (2007-2016) derive from Agriculture, Forestry and Other Land Use (AFOLU)1a; Whereas agriculture alone accounts for 10.3% of all the union’s GHG emissions, and from these, around 70% come from animal farming; __________________ 1a https://www.ipcc.ch/site/assets/uploads/20 19/08/4.- SPM_Approved_Microsite_FINAL.pdf
Amendment 3 #
2020/2074(INI)
Draft opinion
Recital C (new)
Recital C (new)
C. whereas according to the European Court of Auditors, the implementation of the EU target of 20% reduction in GHG by 2020 has led to more, and better-focused, climate action funding in the European Regional Development Fund and the Cohesion Policy, but that in the areas of agriculture, rural development and fisheries, however, there has been no significant shift towards climate action and not all potential opportunities for financing climate-related action have been fully explored 2a; __________________ 2a https://www.eca.europa.eu/Lists/ECADoc uments/SR16_31/SR_CLIMATE_EN.pdf [Special report, 2016: Spending at least one euro in every five from the EU budget on climate action: ambitious work underway, but at serious risk of falling short] PAGE 7
Amendment 4 #
2020/2074(INI)
Draft opinion
Recital D (new)
Recital D (new)
D. whereas currently underway coal- to-biomass projects in the EU would release 67 MT of CO2 per year and require approximately 2,700km2 of forest to be cut down every year while producing only 64 TWh of electricity, which is less than 2% of the EU’s electricity production;
Amendment 5 #
2020/2074(INI)
Draft opinion
Recital E (new)
Recital E (new)
E. whereas the availability of sustainable biomass in the EU is rather limited and existing criteria for its sourcing as laid down in the Renewable Energy Directive are not science-based and rather inadequate; whereas a further increase in the use of biomass above sustainable levels will subsequently have an adverse effect on the climate and environment;
Amendment 6 #
2020/2074(INI)
Draft opinion
Recital F (new)
Recital F (new)
F. whereas according the Intergovernmental Platform on Biodiversity and Economic Services (IPBES), growing demand for bioenergy could cause an 10-fold to 30-fold increase in green energy-related land use in coming years, according to a new report, that would drive the loss of wildlife habitats, potentially leading to massive biodiversity loss and the extinction of endangered species;
Amendment 7 #
2020/2074(INI)
Draft opinion
Recital G (new)
Recital G (new)
G. whereas tourism has an impact on climate change by contributing to 8% percent of the global CO2 emissions, and whereas the transport-related CO2 emissions represents the biggest share of these emissions and are expected to increase by25% between 2016 and 2030 due to a growing demand of tourists3a; __________________ 3ahttps://www.e- unwto.org/doi/book/10.18111/9789284416 660
Amendment 8 #
2020/2074(INI)
Draft opinion
Recital H (new)
Recital H (new)
H. whereas between 8 and 10% of all the greenhouse gas emissions are estimated to originate from food loss and food waste4a; __________________ 4a https://www.ipcc.ch/srccl/chapter/chapter- 5/
Amendment 15 #
2020/2074(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Emphasises that cohesion policy must support strong climate mainstreaming in agriculture and food-related sectors, and ensure that all EU funding programmes and projects are embedded in strategies that support ambitious climate objectives;
Amendment 37 #
2020/2074(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Underlines that, in order to reach the target of a 32% reduction in GHG emissions in 2030, allocations from ESI funds supporting the transition towards climate neutrality in all eligible sectors would have to at least double, and 40% of ERDF resources would need to be allocated to the ‘green, low-carbon objective’1 5a; __________________ 1 5a https://www.caneurope.org/docman/clima te-finance-development/3599-funding- climate-and-energy-transition-in-the- eu/file
Amendment 45 #
2020/2074(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Highlights the importance of linking regional environmental strategies to ambitious climate targets that go beyond the overall target of achieving a climate- neutral EU by 2050, taking into account the potential contribution of the farming, food and forestry sectors; notes that these targets have to be in line with the overall EU targets in this regard;
Amendment 65 #
2020/2074(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Underlines that regional environmental strategies should exclude any kind of support for fossil fuels and gas infrastructure projects and should support renewable energy production and resource efficiency in the farming, food and forestry sectors; notes that the production of biomass from wood or agricultural products for energy production do not guarantee sustainability; suggests that the relevant authorities prioritise the most sustainable options, such as wind or solar, and subject bioenergy projects to strict sustainability criteria;
Amendment 74 #
2020/2074(INI)
Draft opinion
Paragraph 4 – point a (new)
Paragraph 4 – point a (new)
(a) Notes that the Cohesion Policy and Regional environmental strategies offer opportunities to support farmers and forest managers’ sustainable investments in climate change adaptation, notably aiming at prevention against flood, drought and fire; suggests that these opportunities be highlighted in the future in order to encourages Member States and regional authorities to make full use of these possibilities;
Amendment 75 #
2020/2074(INI)
Draft opinion
Paragraph 4 – point b (new)
Paragraph 4 – point b (new)
(b) Stresses the need for regional environmental strategies to include a "do no harm principle" and support achieving the SDGs and Paris Agreement in full respect for the EU taxonomy, including in the agriculture and food production sectors;
Amendment 92 #
2020/2074(INI)
Draft opinion
Paragraph 5 – point a (new)
Paragraph 5 – point a (new)
(a) Notes the positive impact that green sustainable local agro-tourism can have on climate mitigation, and encourages Member States and regional authorities to make use of the possibilities offered by the Cohesion Policy and by Regional environmental strategies to support its development, conditional on respecting environmental and social standards;
Amendment 93 #
2020/2074(INI)
Draft opinion
Paragraph 5 – point b (new)
Paragraph 5 – point b (new)
(b) Stresses that regional environmental strategies should include waste-management plans, including for wastes originating from farming, food processing, food storage and food distribution, following the circular economy principle;
Amendment 119 #
2020/2074(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Stresses that EU macro-regional strategies should help build cooperation in order to solve regional issues linked to climate mitigation and adaptation in the farming, food and forestry sectors, in fields such as flood and fire protection, efficient collective waste management, including with the aim of energy production, and the re-localisation of food production; underlines that environmental strategies should support and complement EU macro-regional strategies in this regard.
Amendment 125 #
2020/2074(INI)
Draft opinion
Paragraph 6 – point a (new)
Paragraph 6 – point a (new)
(a) Highlights the importance of upholding the Partnership Principle in all programming, implementation and monitoring of EU cohesion policy and to set up a strong cooperation between regional and local authorities NGOs and stakeholders, including farmers’ organisations and environmental NGOs; stresses that this process should take into account the gender perspective.
Amendment 126 #
2020/2074(INI)
Draft opinion
Paragraph 6 – point b (new)
Paragraph 6 – point b (new)
(b) Notes that community and citizens initiatives can strongly support the ecological transition, as well as climate change mitigation and adaptation, and that Local Action Groups and the LEADER program can be primary tools to achieve this; encourages Member States and regional authorities to coordinate these programmes with their Regional environmental strategies.
Amendment 127 #
2020/2074(INI)
Draft opinion
Paragraph 6 – point c (new)
Paragraph 6 – point c (new)
(c) Stresses that Cohesion policy should support investment in education and training, helping local authorities, workers and companies to take greater account of the challenges caused by Climate change, and the role they can play in climate change mitigation and adaptation in their respective sectors.
Amendment 1 #
2020/2058(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Expects that under the future multiannual financial framework (MFF), the contribution to the agricultural and rural development domain will be maintained at current levels; insists that any additional measures relating to the green transition be financed withrecognises that the CAP requires an overall reform to bring it in line with the European Green Deal; insists that farmers be supported appropriately to achieve the increased ambition of the European Green Deal, following the principle that public support should take into consideration environmental and health concerns from the outset; insists that the green transition be financed, firstly, through a redeployment of the current levels of CAP expenditure towards greater environmental coherence as a priority, and, secondly, via fresh money and additional EU own resources only where necessary;
Amendment 11 #
2020/2058(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Welcomes the Commission's proposal of temporary additional resources via the Next Generation EU fund, but stresses that a strong MFF nevertheless remains vital;
Amendment 18 #
2020/2058(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Takes note of the Commission communication on the Sustainable Europe Investment Plan (COM(2020)0021), but emphasises that the elements proposed within it, including the Just Transition Fund, depend entirely on an ambitious MFF agreement; expresses its deep concern that the front-loading of EU budget funds to cover new spending requirements stemming from the COVID- 19 pandemic may deprive EU farmers of funding in the latter years of the MFF, which would be particularly damaging if they are expected to comply with new obligalead to difficulties in undertaking their part of ambitions under the Green Deal;
Amendment 23 #
2020/2058(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Notes that the Sustainable Europe Investment Plan relies to certain extent on crowding in private investment, which is likely to be less available in the years following the COVID-19 pandemic, and that therefore a strong MFF is even more vital;
Amendment 26 #
2020/2058(INI)
Draft opinion
Paragraph 2 b (new)
Paragraph 2 b (new)
2b. Welcomes the Commission's ambition to devote a greater share of public spending on climate and environment than ever before, within in the EU budget; notes the Parliament's ambition for 30% climate mainstreaming spending and 10% biodiversity spending in the 2021 budget; calls for 50% climate spending target in MFF overall; recalls that CAP, as the largest budgetary item, is decisive in terms of achieving these targets; recalls that any additional resources should likewise contribute to the same targets;
Amendment 38 #
2020/2058(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Recalls that the reform of the CAP is still ongoing and that no decision has yet been made on the exact contribution to environmental and climate-related objectives and requirements; Stresses that a significant percentage of the common agricultural policy (CAP) envelope, which represents the largest share of the EU budget, willmust be set aside to support climate-related objectives; recalls that the reform of the CAP is still ongoing and that no decision has yet been made on the exact contribution to environmental and climate- related objectives and requirements;
Amendment 39 #
2020/2058(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Notes that, in its Communication on the Sustainable Europe Investment Plan, the Commission identifies significant investment need in agriculture, specifically to tackle broader environmental challenges, including biodiversity loss and pollution; highlights, however, that the Commission also describes these as conservative estimates, given a lack of data to accurately assess investment needs as concerns climate adaptation and restoration/preservation of ecosystems and biodiversity;
Amendment 43 #
2020/2058(INI)
Draft opinion
Paragraph 3 b (new)
Paragraph 3 b (new)
3b. Recalls the Court of Auditors’ findings that climate accounting in the current CAP is inaccurate, and that, likewise, the Commission’s estimate of the future CAP’s contribution to environmental and climate targets appears unrealistic1a;stresses that CAP measures must be shown to be genuinely positive for climate, supported by scientific evidence, in order to be counted as such; _________________ 1a Opinion 7/2018, European Court of Auditors, paragraph 3
Amendment 44 #
2020/2058(INI)
Draft opinion
Paragraph 3 c (new)
Paragraph 3 c (new)
3c. Notes the findings of the European Court of Auditors report 13/2020, that the tracking of CAP spending benefiting biodiversity has methodological weaknesses; notes further that the Commission's evaluation report1b of November 2019 likewise identifies a lack of monitoring data as an obstacle to proper evaluation of the impact of several CAP instruments and measures, as well as their net impact; calls for the revision of biodiversity budgetary tracking, supported by scientific evidence, and in particular the further development of farmland biodiversity indicators, to assess the impact of CAP instruments; reiterates its call on the Commission and the Council to set a clear spending target for biodiversity mainstreaming of at least 10 % in the MFF, in addition to the spending target on climate mainstreaming1a; _________________ 1aEuropean Parliament resolution of 16 January 2020 on the 15th meeting of the Conference of Parties (COP15) to the Convention on Biological Diversity 1b European Commission DG AGRI, Evaluation of the Impact of the CAP on biodiversity, landscapes, habitats (Alliance Environnement) AGRI - 2018 - 0492 https://ec.europa.eu/info/sites/info/files/fo od-farming- fisheries/key_policies/documents/ext-eval- biodiversity-final-report_2020_en.pdf
Amendment 45 #
2020/2058(INI)
Draft opinion
Paragraph 3 d (new)
Paragraph 3 d (new)
3d. Notes the Commission’s own assessment, that proposals for the new CAP would only be compatible with the European Green Deal ambition under certain conditions, most notably an ambitious system of conditionality, and sufficient and efficient spending on mandatory ecoschemes, and an adequate no back-sliding principle; calls for the Commission to come forward with a list of ecoschemes to ensure common high ambition and efficacy; calls for the Commission to provide tailored recommendations on the CAP objectives to each Member State before submission of the draft Strategic Plans, then and undertake full ex ante assessment of the draft Strategic Plans;
Amendment 46 #
2020/2058(INI)
Draft opinion
Paragraph 3 e (new)
Paragraph 3 e (new)
3e. Stresses the need for coherence between the first and second pillars of the CAP, to guarantee efficient use of public money in support of the objectives of the European Green Deal; calls for the Commission to ensure, in particular, that Member States' Strategic Plans deliver increased environmental and animal welfare ambitions, in particular in the first pillar, based on strong conditionality requirements and ambitious ecoschemes, and thorough screening of the climate, environmental and animal welfare impact of voluntary coupled support;
Amendment 47 #
2020/2058(INI)
Draft opinion
Paragraph 3 f (new)
Paragraph 3 f (new)
3f. Stresses the relevance of animal welfare in various aspects of the Green Deal, and considers that improved animal welfare can lead to, inter alia, parallel improvements in tackling antimicrobial resistance, reduced environmental impact of production, particularly water pollution, and opportunities for rural development via a shift away from intensive modes of production; highlights likewise that animal welfare remains a key concern of citizens, particularly regarding welfare of farmed animals1a; _________________ 1aEuropean Commission (2016), Special Eurobarometer 442; Attitudes of Europeans to animal welfare https://data.europa.eu/euodp/en/data/data set/S2096_84_4_442_ENG
Amendment 48 #
2020/2058(INI)
Draft opinion
Paragraph 3 g (new)
Paragraph 3 g (new)
Amendment 54 #
2020/2058(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Welcomes the ambition set out in the Farm to Fork Strategy to develop minimum mandatory criteria for sustainable food procurement, to align the use of public funds with the Green Deal; calls for greater integration of nutrition and health concerns in public procurement of food.
Amendment 5 #
2020/2043(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Acknowledges that the primary purpose of the carbon border adjustment mechanism (CBAM) must be to enable internationally effective carbon pricing schemes, to mitigate the leakage dilemma in the context of the Emissions Trading Scheme (ETS) and to prevent distortions to competition and trade; stresses that the CBAM will help the EU to meet its climate targets while keeping a level playing field in international trade, with the aim of galvanising the rest of the world into taking climate action in line with Paris Agreement;
Amendment 13 #
2020/2043(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Acknowledges that the primary purpose of the carbon border adjustment mechanism (CBAM) must be to enable internationally effective carbon pricing schemes, to mitigate the leakage dilemma in the context of the Emissions Trading Scheme (ETS) and to prevent distortions to competition and trade; sStresses that the CBAM will help the EU to meet its climate targets while keeping a level playing field in international trade, with the aim of galvanising the rest of the world into taking climate action in line with Paris Agreement; Stresses that the venues generated from a CBA mechanism should by no mean be used as disguised subsidies to high polluting European industries, which would ultimately compromise its compatibility with the WTO;
Amendment 20 #
2020/2043(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Urges the Commission to pursue multilateral WTO reforms that bring international trade law in line with the goals of the Paris Agreement;
Amendment 28 #
2020/2043(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Stresses that dedicating the financial flows resulting from the CBAM to the EU budget would help to mitigate issues of fiscal equivalence and ensure a fairly distributed impact across Member States, as well as ensuring a lean structure with minimal administrative overheads; concludes, therefore, that defining the proceeds as an EU own resource, and decreasing GNI-based contributions accordingly, would help to mutualise the impact of the CBAM in a fair way across all Member States; Stresses that the implementation of the mechanism must be accompanied by the removal of all forms of environmentally harmful subsidies granted to energy-intensive industries at national level, in particular tax exemptions and breaks on energy used by energy-intensive industries; calls on the Commission to evaluate the different practices of Member States in that matter in light of the polluter pays principle:
Amendment 32 #
2020/2043(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Welcomes the fact that the CBAM, if used as a basis for an own resource, would bring the revenue side of the EU budget into closer alignment with strategic policy objectives such as the European Green Deal, the fight against climate change and the circular economy, and that it would thereby help to generate co- benefits, incentives and EU added value and highlights the necessity therefore, for any CBAM to be designed with the highest environmental integrity in mind;
Amendment 37 #
2020/2043(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Underlines that the GHG emissions content of imports concerned should be accounted for on the basis of transparent and reliable product-specific benchmarks representing the global average GHG emissions content of individual products while taking into account different production methods with varying emission intensities; considers that the carbon pricing of imports should also take into account the country-specific carbon intensity of the electricity grid;
Amendment 19 #
2020/2039(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. Expects the deploiment of new cohesion social programs such as basic income pilot projects in rural areas;
Amendment 37 #
2020/2039(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. Recognizes, in line with the European Parliament position, resolution of 16 January 2014 on EU citizenship for sale (2013/2995(RSP), and the Commission assessment on the risks of selling European citizenship by member- states, that Golden Visa schemes are detrimental to rural areas and to long term investments in the countryside;
Amendment 6 #
2020/1998(BUD)
Draft opinion
Paragraph 2
Paragraph 2
2. Stresses that the EU budget for 2021 should include enough commitment and payment appropriations to meet the financing needs of the common fisheries policy; asserts that, for fisheries and aquaculture to continue to be viable in the long term, increased funding for these industrie protection and restoration of marine ecosystems is needed; believes that the budget and policies for this sector must be fully consistent with the EU’s new goals, particularly those set out in the Green Deal, the new industrial strategy, the ‘Farm to Fork’ strategy and the EU Biodiversity Strategy for 2030; takes the view that maintaining the competitive position of the fisheries sector must be go hand in hand with achieving these goals;
Amendment 40 #
2020/1998(BUD)
Draft opinion
Paragraph 9 a (new)
Paragraph 9 a (new)
9 a. Stresses that the next EMFF should be used to further improve animal welfare standards in fisheries and aquaculture, following the EU citizens Special Eurobarometer 442 report on Attitudes of Europeans towards Animal Welfare;
Amendment 84 #
2020/1998(BUD)
Motion for a resolution
Paragraph 30
Paragraph 30
30. Deeply regrets that the Commission still has not responded to Parliament's call for a comprehensive review of the budget line for multimedia measures, particularly with regard to the framework contract with Euronews; decides to put its budgetary allocation in reserve until the Commission has answered the concerns raised by the Court of Auditors; notes however that the Court of Auditors does not point to any shortcomings on Euronews’s part in its contractual reporting duties under the current framework; regrets that such a reserve of 18 million euros endangers the financial viability of Euronews, and consequently its staff, while it is highly important that the EU supports independent and high-quality journalism on EU affairs;
Amendment 2 #
2019/2162(INI)
Motion for a resolution
Citation 3 a (new)
Citation 3 a (new)
- having regard to Article 13 of the Lisbon Treaty which requires that in formulating the Union’s fisheries (and other) policies, the Union and the Member States shall, since animals are sentient beings, pay full regard to the welfare requirements of animals
Amendment 3 #
2019/2162(INI)
Motion for a resolution
Citation 3 a (new)
Citation 3 a (new)
- having regard to Regulation (EU) No 1241/2019 on the conservation of fisheries resources and the protection of marine ecosystems through technical measures,
Amendment 4 #
2019/2162(INI)
Motion for a resolution
Citation 4 a (new)
Citation 4 a (new)
- having regard to Council regulation 1099/2009 on the protection of animals at the time of killing, of which the key principle that animals “shall be spared any avoidable pain, distress or suffering during their killing and related operations”, applies to fish.
Amendment 5 #
2019/2162(INI)
Motion for a resolution
Citation 4 a (new)
Citation 4 a (new)
- having regard to Directive 2014/89/EU of 23 July 2014 establishing a framework for maritime spatial planning (Maritime Spatial Planning Directive),
Amendment 6 #
2019/2162(INI)
Motion for a resolution
Citation 4 b (new)
Citation 4 b (new)
- having regard to the Council Directive of 12 December 1991 concerning the protection of waters against pollution caused by nitrates from agricultural sources (91/676/EEC), with regard to fertilizer run-off,
Amendment 7 #
2019/2162(INI)
Motion for a resolution
Citation 4 c (new)
Citation 4 c (new)
- having regard to the Regulation (EC) 1049/2001 regarding public access to European Parliament, Council and Commission documents and Regulation (EC) 1367/2006 on the application of the provisions of the Aarhus Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters to Community institutions and bodies,
Amendment 10 #
2019/2162(INI)
Motion for a resolution
Citation 5 a (new)
Citation 5 a (new)
- having regard to the Farm to Fork Strategy (COM(2020) 381 final),
Amendment 12 #
2019/2162(INI)
Motion for a resolution
Citation 5 b (new)
Citation 5 b (new)
- having regard to its Resolution (2017/2055(INI)) on international ocean governance: an agenda for the future of our oceans in the context of the 2030 SDGs,
Amendment 13 #
2019/2162(INI)
Motion for a resolution
Citation 5 c (new)
Citation 5 c (new)
- having regard to the 2002 Johannesburg Declaration on Sustainable Development, the Johannesburg Plan of Implementation and to the report “The Future we Want” of the 2012 United Nations Conference on Sustainable Development (Rio+20),
Amendment 15 #
2019/2162(INI)
Motion for a resolution
Citation 5 d (new)
Citation 5 d (new)
- having regard to target 11 of the Aichi Convention on Biological Diversity (CBD) and the Strategic Plan for Biodiversity 2011-2020,
Amendment 17 #
2019/2162(INI)
Motion for a resolution
Citation 6 a (new)
Citation 6 a (new)
- having regard to the 2019 IPCC Special Report on the Ocean and Cryosphere in a Changing Climate,
Amendment 18 #
2019/2162(INI)
Motion for a resolution
Citation 7 a (new)
Citation 7 a (new)
- having regard to the Sustainable Development Goal 14 of the United Nations 2030 Agenda for Sustainable Development, on the conservation and sustainable use of the oceans, seas and marine resources,
Amendment 20 #
2019/2162(INI)
Motion for a resolution
Citation 8 a (new)
Citation 8 a (new)
- having regard to the 2020 STECF report on monitoring the performance of the CFP,
Amendment 21 #
2019/2162(INI)
Motion for a resolution
Citation 9 a (new)
Citation 9 a (new)
- having regard to the 2017 Special report of the European Court of Auditors “More efforts needed to implement the Natura 2000 network to its full potential” (No 1/2017),
Amendment 23 #
2019/2162(INI)
Motion for a resolution
Citation 9 b (new)
Citation 9 b (new)
- having regard to the Ombudsman’s case 640/2019/FP,
Amendment 24 #
2019/2162(INI)
Motion for a resolution
Citation 9 c (new)
Citation 9 c (new)
- having regard to the EEA report No 3/2015 “Marine protected areas in Europe’s seas: An overview and perspective for the future”,
Amendment 26 #
2019/2162(INI)
Motion for a resolution
Citation 10 a (new)
Citation 10 a (new)
- having regard to the European Commission Report assessing Member States’ programmes of measures under the MSFD (COM/2018/562),
Amendment 43 #
2019/2162(INI)
Motion for a resolution
Recital D a (new)
Recital D a (new)
D a. whereas overcapacity is one of the key drivers of overfishing in Europe and worldwide, and efforts to reduce capacity have been broadly offset by technological progress in fishing efficiency;
Amendment 44 #
2019/2162(INI)
Motion for a resolution
Recital D a (new)
Recital D a (new)
D a. Whereas fish are sentient beings and should be spared unnecessary suffering during capture, landing and slaughter.
Amendment 46 #
2019/2162(INI)
Motion for a resolution
Recital D b (new)
Recital D b (new)
D b. Whereas EU animal welfare legislation is currently not applicable to marine invertebrates, like crabs and lobsters; whereas several third countries have included decapod crustaceans in their animal welfare legislation; whereas Switzerland recently banned the practice of boiling lobsters alive;
Amendment 53 #
2019/2162(INI)
Motion for a resolution
Recital E a (new)
Recital E a (new)
E a. whereas the CFP is not fully implemented yet and some of its measures such as the establishment of Fish Stock Recovery Areas haven’t been used;
Amendment 54 #
2019/2162(INI)
Motion for a resolution
Recital E b (new)
Recital E b (new)
E b. whereas globally 66% of the marine environment has been altered by human pressure according to IPBES and 34,2% of fish stocks are fished at biologically unsustainable levels according to FAO;
Amendment 61 #
2019/2162(INI)
Motion for a resolution
Recital H a (new)
Recital H a (new)
H a. whereas healthy habitats, including sandbanks, seagrass meadows and coral reefs, are essential to the restoration of marine ecosystem functioning and to the replenishment of fish stocks and to providing carbon sinks to mitigate climate change;
Amendment 62 #
2019/2162(INI)
H b. whereas well-managed Marine Protected Areas are essential to enhance biodiversity and to preserve natural habitats of other species such as birds.
Amendment 64 #
2019/2162(INI)
Motion for a resolution
Recital I
Recital I
I. whereas there is a strong scientific consensus that MPAs are beneficial to fisheries because of their spillover effect and their positive effects on recruitment, for example through the protection of reproduction sites, protection of juveniles and big mother fishes with high reproductive capacities;
Amendment 67 #
2019/2162(INI)
Motion for a resolution
Recital I a (new)
Recital I a (new)
I a. whereas pollution originating from the land, especially in partially enclosed sea basins, and from other marine activities also have an impact on fish stock recovery;
Amendment 71 #
2019/2162(INI)
Motion for a resolution
Recital I b (new)
Recital I b (new)
I b. whereas the Ombudsman’s recommendation to proactively make public documents related to the adoption of the TAC regulations was so far not followed by the Council of the EU;
Amendment 78 #
2019/2162(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. emphasizes that nature, fish and other living organisms have an intrinsic value, even if they remain unexploited by human activities;
Amendment 86 #
2019/2162(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Urges the Commission to strengthen the implementation of the ecosystem approach to fisheries management in order to minimise the negative impacts on marine ecosystems, fish stocks and societyf fishing activities and other factors such as climate change on marine ecosystems, fish stocks and society, including by increasingly applying multi- species approaches;
Amendment 101 #
2019/2162(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Considers that the EU should go beyond current fisheries management practices and promote a transition towards low-impact fisheries in order, not only to preserve fish stocks at current levels but, more importantly, to rebuild fish stocks and restore marine ecosystems;
Amendment 130 #
2019/2162(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8 a. Considers that this approach should also be applied to the external dimension of the CFP.;
Amendment 131 #
2019/2162(INI)
Motion for a resolution
Paragraph 8 b (new)
Paragraph 8 b (new)
8 b. Urges the Commission to tackle the problem of overcapacity, including by requesting the STECF to implement a methodology that takes into account the ‘technological creep’ (i.e. gradual increase in fishing power) when assessing trends in fishing fleet capacity;
Amendment 132 #
2019/2162(INI)
Motion for a resolution
Paragraph 8 c (new)
Paragraph 8 c (new)
8 c. Demands that the Council proactively makes public all documents related to the adoption of TAC Regulations in line with the Ombudsman’s recommendation and comply with Regulation (EC) 1049/2001 and Regulation (EC) 1367/2006;
Amendment 137 #
2019/2162(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9 a. Highlights that successful MPAs offer large socio-economic benefits, especially for coastal communities, the fisheries and tourism sector;
Amendment 164 #
2019/2162(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Calls for MPAs to be established as part of a coherent network of connected areas, including offshore and deep-sea areas, and with a view to ensure balanced geographic distribution and ecological representativity; recalls the requirement to cease fishing with bottom-contacting gear below 400 m in areas where vulnerable marine ecosystems (VMEs) are known to exist or are likely to occur;
Amendment 172 #
2019/2162(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Urges Member States to set stronger and more effective management plans for the existing MPAs and to put in place stronger control measures to ensure that MPAs are respected, including by involving the fisheries sector, expanding the scope of the Vessel Monitoring System (VMS) such as by transmitting vessel position data close to real-time and strengthening of on-the-spot controls;
Amendment 178 #
2019/2162(INI)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15 a. Calls on the Commission to start infringement procedures against Member States that are not respecting their obligations regarding the effectiveness of the protection of MPAs;
Amendment 179 #
2019/2162(INI)
Motion for a resolution
Paragraph 15 b (new)
Paragraph 15 b (new)
15 b. Calls on the Commission to take action when Member States fail to agree, within one year of ongoing negotiations (informal and formal), on the adoption of joint recommendations for fisheries management measures in offshore MPAs in line with Article 11 of the CFP, including by proposing its own measures or by taking emergency measures to protect the site as long as an agreement has not been reached;
Amendment 180 #
2019/2162(INI)
Motion for a resolution
Paragraph 15 c (new)
Paragraph 15 c (new)
15 c. Stresses that greater scrutiny over fisheries management measures within Natura 2000 sites, submitted by EU Member States, is necessary in order to ensure that conservation objectives are achieved in line with Article 11 of the Common Fisheries Policy,
Amendment 181 #
2019/2162(INI)
Motion for a resolution
Paragraph 15 d (new)
Paragraph 15 d (new)
15 d. Emphasises that the designation of areas and development of management measures should be based on the best available scientific advice;
Amendment 194 #
2019/2162(INI)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17 a. Expresses serious concern that 59% of northern Europe's Marine Protected Areas are commercially trawled1a, with average trawling intensity 38% higher than in non-protected areas, suggesting that MPAs do not reduce fishing pressure under current management _________________ 1a"Elevated trawling inside protected areas undermines conservation outcomes in a global fishing hot spot" By Manuel Dureuil, Kristina Boerder, Kirsti A. Burnett, Rainer Froese, Boris Worm, Published in Science 21 Dec 2018 : 1403- 1407
Amendment 196 #
2019/2162(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Invites the Member States to expand the network of fish stock recovery areas under the CFP, emphasises the need to include the evaluation of designation and success of such areas in the upcoming report on the functioning of the CFP;
Amendment 200 #
2019/2162(INI)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18 a. Calls on the European Commission and Member States to take a proactive role in the creation of new effectively-managed MPAs in the high seas, both in the framework of RFMOs and the upcoming international legally binding instrument under UNCLOS on the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction;
Amendment 213 #
2019/2162(INI)
Motion for a resolution
Paragraph 20 a (new)
Paragraph 20 a (new)
20 a. Calls on the European Commission to publish a study on the impact of those diverse sources of pollution on the rebuilding fish stocks and on marine ecosystems;
Amendment 217 #
2019/2162(INI)
Motion for a resolution
Paragraph 21 a (new)
Paragraph 21 a (new)
Amendment 218 #
2019/2162(INI)
Motion for a resolution
Paragraph 22 a (new)
Paragraph 22 a (new)
22 a. Calls on the Commission and the Member States to take steps to improve the welfare of marine invertebrates, like crabs and lobsters, by including these animals in their animal welfare legislation and by banning the practice of boiling these animals alive.
Amendment 254 #
2019/2161(INI)
Motion for a resolution
Paragraph 45 b (new)
Paragraph 45 b (new)
45b. Calls for the deployment of new social cohesion programs; welcomes basic income pilot projects in EU’s coastal areas with the lowest GDP per capita, including in the outermost regions;
Amendment 6 #
Amendment 7 #
2019/2160(INI)
Motion for a resolution
Citation 6 b (new)
Citation 6 b (new)
- having regard to the Directive 2004/35/EC on environmental liability with regard to the prevention and remedying of environmental damage,
Amendment 8 #
2019/2160(INI)
Motion for a resolution
Citation 6 c (new)
Citation 6 c (new)
- having regard to the European Parliament resolution of 26 October 2017 on the application of Directive 2004/35/EC of the European Parliament and of the Council of 21 April 2004 on environmental liability with regard to the prevention and remedying of environmental damage (the ‘ELD’) (2016/2251(INI)),
Amendment 10 #
2019/2160(INI)
Motion for a resolution
Citation 10 a (new)
Citation 10 a (new)
- having regard to the 2005 United Nations Environment Programme (UNEP) report entitled "Marine Litter - An analytical overview";
Amendment 12 #
2019/2160(INI)
Motion for a resolution
Citation 11 a (new)
Citation 11 a (new)
- having regard to the October 2020 report by the European Environmental Agency entitled "State of nature in the EU - Results from reporting under the nature directives 2013-2018",
Amendment 22 #
2019/2160(INI)
Motion for a resolution
Recital -A (new)
Recital -A (new)
-A. whereas the best way to reduce the amount of marine plastic waste is to reduce and avoid its production and shift towards recycling and reusing material and products;
Amendment 29 #
2019/2160(INI)
Motion for a resolution
Recital A a (new)
Recital A a (new)
Aa. whereas considerable amounts of marine waste are generated by the fishing industry, namely by the use and disposal or loss of containers and buoys made of plastic, in particular expanded polystyrene, also known as styrofoam;
Amendment 39 #
2019/2160(INI)
Motion for a resolution
Recital B
Recital B
B. whereas the problem of waste at sea is largely the result of poor management of waste on land, ranging from pollution of water courses and rivers and poor management of waste and waste water to littering, but it is also caused by natural run-off phenomena such as storms and rainfall;
Amendment 43 #
2019/2160(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
Ba. whereas 70% of the marine litter that enters the sea ends up on the seabed, and whereas half of the remaining amount is found on beaches and half is floating on the water surface;
Amendment 53 #
2019/2160(INI)
Motion for a resolution
Recital C
Recital C
C. whereas the presence of marine waste seriously undermines the resilience and productivity of marine ecosystems, which are already facing many cumulative pressures, such as climate change and biodiversity decline;
Amendment 54 #
2019/2160(INI)
Motion for a resolution
Recital C a (new)
Recital C a (new)
Ca. whereas the European Union has already missed its biodiversity targets for 2020;
Amendment 57 #
2019/2160(INI)
Motion for a resolution
Recital D
Recital D
D. whereas marine waste poses a threat to a number of marine animal species and other animal species like birds, some of which are already endangered or even critically endangered;
Amendment 59 #
2019/2160(INI)
Motion for a resolution
Recital D a (new)
Recital D a (new)
Da. whereas fish species already have the highest proportion of bad conservation status according to the EEA 2020 report;
Amendment 92 #
2019/2160(INI)
Motion for a resolution
Subheading 1
Subheading 1
Improving the legislative framework and governance on marine litter and making them more effective
Amendment 95 #
2019/2160(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Stresses the need to revise the EU’s integrated maritime policy with a view to establishing a strategic framework on marine litter that incorporates all marine environment laws;
Amendment 100 #
2019/2160(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Calls on the Commission and Member States to support a new UN treaty on marine plastic pollution, including effective global governance of lost fishing gear, or 'ghost gear';
Amendment 109 #
2019/2160(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Calls on the Commission to champion an ambitious governance model in international UN negotiations on marine biodiversity beyond national jurisdictions and to recognise the ocean as a common good, with a view to adopting a new approach that prioritises individual and collective responsibilities over the traditional principles of freedom and sovereign rights, as laid down in the Law of the Sea, and thus ensures that the sea is protected also from the detrimental impact of marine litter;
Amendment 120 #
2019/2160(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Calls on the Commission to consider the application of progressive taxes on all plastic materials used by the fisheries industry, thus reducing the industry’s impulses on the unhindered use of plastics in manufacture and packaging; simultaneously promoting fiscal incentives or tax rebates for manufacturers, suppliers and retailers developing and implementing zero waste transition activities;
Amendment 122 #
2019/2160(INI)
Motion for a resolution
Paragraph 3 b (new)
Paragraph 3 b (new)
3b. Calls on the Commission and Member States to better combat Illegal, Unregulated and Unreported (IUU) fishing, which contributes to marine litter, ‘ghost gear’ and the destruction of the marine environment;
Amendment 124 #
2019/2160(INI)
Motion for a resolution
Paragraph 3 c (new)
Paragraph 3 c (new)
3c. Calls on the Commission and Member States to prioritise the protection of the marine environment from marine litter by increasing the number of Marine Protected Areas to at least 30% of EU waters as provided for under the Biodiversity Strategy;
Amendment 130 #
2019/2160(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Highlights the lack of efficiency of the European Liability Directive (ELD) for marine litters including difficulties such as identifying the polluter and assigning responsibility, as well as its restricted scope, recalls that the European Parliament called for are vision of the ELD that would take into account the limits to its effectiveness;
Amendment 133 #
2019/2160(INI)
Motion for a resolution
Paragraph 4 b (new)
Paragraph 4 b (new)
4b. Calls on the European Commission and on Member States to better implement the polluter-pays principle;
Amendment 135 #
2019/2160(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Urges the Commission to play a major role in the UN’s Decade of Ocean Science and to support digitisation and the use of artificial intelligence with a view to improving our understanding of the oceans and ourthe impact of marine litter on them;
Amendment 142 #
2019/2160(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Calls on the Commission to step up research and data collection on the impact of marine waste on fisheries and ecosystems and to introduce robust measures to address and prevent the impact of nano- and microplastics on both fishery resources and human health;
Amendment 149 #
2019/2160(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Points out that the directive on single-use plastics concerns waste commonly found on beaches; urges the Commission to step up existing measures on single-use plastics, drawing, in particular, on work to be done on waste in the water column and on sea beds as part of the Marine Strategy Framework Directive, and to take account of the impactconsider a ban of some forms of marine waste, such as polystyrene containers and packaging from fishery products;
Amendment 155 #
2019/2160(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Calls for information on the loss of fishing gear at sea to be put to more effective use when it comes to tackling marine pollution through improved data- sharing and exchange of best practices among Member States and EU agencies, and for this information to be used to develop new tools for identifying and tracking fishing gear lost at sea;
Amendment 161 #
2019/2160(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Stresses that reducing the impact of marine waste is contingent on improvements to the circular economy on land, including through removing from the market unnecessary plastics and packaging and on the adoption of a life- cycle approach in the fisheries sector;
Amendment 165 #
2019/2160(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Calls for the eco-design of fishing gear to be supported through the swift adoption of guidelines on the development of harmonised standards for a circular economy for fishing gear; supports the marking of materials used in fishing gear by means of product passports; supports the promotion of research and innovation seeking to simplify theto find alternative and environmentally friendly new materials to be used in all fishing gear, including polymers;
Amendment 182 #
2019/2160(INI)
Motion for a resolution
Subheading 4
Subheading 4
Amendment 186 #
2019/2160(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Calls on the Commission to draw up an EU-level action plan to combat marine littering by reducing waste at its source, and cut down plastic use and consumption;
Amendment 194 #
2019/2160(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Urges the Member States to collect data and monitor, to take action to clear up areas in rivers and estuaries where marine waste has accumulated and to introduce legal measures for marine waste not to reach the environment in the first place;
Amendment 202 #
2019/2160(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Stresses that the role of fishermens, civil society and local authorities in voluntary collection programmes which make it possible to identify, passively collect and recycle marine waste, such as the ‘Fish for Litter’ programme must be promoted and supported;
Amendment 216 #
2019/2160(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Recalls that marine litter is transboundary; Points out that tackling marine waste must be a joint effort with European neighbourhood countries; Calls on the Commission to put an end to the exporting of waste to third countries;
Amendment 227 #
2019/2160(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Stresses that little is knownthere is little public awareness about nano- and microplastic pollution and its effect on the environment and on human health and further research should be conducted to get to know more about the massive effects of plastic pollution, including nano- and microplastic pollution; points out that this lack of knowledgepublic awareness may make consumers distrustful of the quality of fisheries and aquaculture products;
Amendment 231 #
2019/2160(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Welcomes the preparatory work done by the European Chemicals Agency (ECHA) on restrictions on microplastics intentionally added to products; Calls on the Commission to be ambitious in following up this proposal, including by explorby adopting a general phase-out of intentionally added microplastics by 2022 and by preventing, through new mandatory regulatory measures, the unintentional release of all microplastics, including for example from textiles, tyres, artificial turf and production plastic pellets, including by addressing the problem of the spread and persistence of nano- and microplastics in the water cycle;
Amendment 34 #
2019/0246(COD)
Proposal for a regulation
Recital 2 a (new)
Recital 2 a (new)
(2a) Those high nutrient inputs result inter alia from insufficiently implemented directives such as Directive 91/676/EEC concerning the protection of waters against pollution caused by nitrates from agricultural sources and Directive 2000/60/EC of the European Parliament and of the Council establishing a framework for Community action in the field of water policy.
Amendment 36 #
2019/0246(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) The declining condition of Eastern Baltic cod (Gadus morhua) has been linked to that situation. According to ICES, the stock suffers from an unsustainably low biomass due to a combination of declining recruitment, environmental factors, low availability of prey species, and changes in the ecosystem leading to a high natural mortality (about three times the fishing mortality), and an excessive fishing mortality given the status of the stock. The biomass of commercial sized cod is presently at the lowest level observed since the 1950s. Moreover, ICES estimates that the spawning stock biomass will remain below the sustainability reference point in the medium-term (2024) even with no fishing at all. In its stock advice for 2020 ICES therefore advises zero catches.
Amendment 37 #
2019/0246(COD)
Proposal for a regulation
Recital 3 a (new)
Recital 3 a (new)
(3a) Fisheries management in the Baltic Sea also suffers from an imbalance between active fleet segments and available fishing opportunities as set out in the Commission Communication of 7 June 2019 on the State of Play of the Common Fisheries Policy and Consultation on the Fishing Opportunities for 2020.
Amendment 41 #
2019/0246(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) The fishing fleets so far dependent on Eastern Baltic cod do not have the possibility to fish for other stocks as an alternative. It is estimated that offsetting the economic losses caused by the Eastern Baltic cod closure would require additional catches of around 20,000 tonnes in alternative species. However, the Council also agreed severe reductions for other stocks, and notably a reduction of 65% for Western Baltic herring, 60% for Western Baltic cod, 32% for plaice, 27% for herring in the Gulf of Bothnia and 22% for sprat, while not completely following the scientific recommendations.
Amendment 44 #
2019/0246(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) Given the serious condition of the Eastern Baltic cod stock additional measures to control the fisheries catching Eastern Baltic cod should be introduced. The threshold quantity as of which a fishing vessel is required to land its catch in a specific place should be reduced to 2500kg. Moreover, masters of fishing vessels having quotas for cod and fishing in areas where Eastern Baltic cod is present are to ensure that their fishing activity can be monitored at any time by the national competent authorities.
Amendment 46 #
2019/0246(COD)
Proposal for a regulation
Recital 14
Recital 14
(14) ICES issued an analytical assessment of Eastern Baltic cod but was not in a position to provide fishing mortality ranges and various reference points because of a lack of required data. Therefore, data collection is to be improved by ensuring that the observer coverage at sea of vessels catching Eastern Baltic cod is at least 230%.
Amendment 50 #
2019/0246(COD)
Proposal for a regulation
Recital 18
Recital 18
(18) Given the fragile ecosystem in the Baltic Sea, support for the permanent cessation of fishing activities should not be granted for the retrofitting of fishing vessels for any other activitiesy than commercial fishing, such as recreational fishing, whicht could have a detrimental impact on the ecosystem. Therefore, such support should only be granted for the scrapping of fishing vessels.
Amendment 55 #
2019/0246(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EU) 2016/1139
Article 14 – point a
Article 14 – point a
(a) 2500 kilograms of cod;.
Amendment 56 #
2019/0246(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Regulation (EU) 2016/1139
Article 14b – paragraph 1
Article 14b – paragraph 1
Union vessels with an allocation of fishing opportunities for cod in ICES subdivisions 22-24 and 24-32 shall be subject to at least 230 % observer coverage at sea..
Amendment 1 #
2019/0226M(NLE)
Motion for a resolution
Citation 6 a (new)
Citation 6 a (new)
- having regard to the protocols on the implementation of the Agreements on a Sustainable Fisheries Partnership between the European Union and Morocoo, Mauritania and Guinea-Bissau,
Amendment 2 #
2019/0226M(NLE)
Motion for a resolution
Citation 6 b (new)
Citation 6 b (new)
- having regard to Article 31.4 of the Common Fisheries Policy EU 1380/2013,
Amendment 3 #
2019/0226M(NLE)
Motion for a resolution
Citation 6 c (new)
Citation 6 c (new)
- having regard to the European Parliament resolution of 12 April 2016 on common rules in respect of application of the external dimension of the CFP, including fisheries agreements (2015/2091(INI)),
Amendment 11 #
2019/0226M(NLE)
Motion for a resolution
Recital E a (new)
Recital E a (new)
Ea. whereas the fisheries agreements between the European Union and Mauritania, Morocco and Guinea-Bissau, respectively, give access to the stock of small pelagics that is shared with Senegal;
Amendment 25 #
2019/0226M(NLE)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Supports the EU strategy of being able to maintain a network of agreements in the region in order to complement actions to promote the sustainability of stocks within regional fisheries organisations (RFOs); underlines the necessity of binding regional rules on the management of small pelagic stocks that are vital to the Senegalese fisheries;
Amendment 29 #
2019/0226M(NLE)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Notes the reduction in the fishing opportunities for deep-sea trawlers (black hake) in line with the scientific opinion of the Fishery Committee for the Eastern Central Atlantic (CECAF) in order to reduce mortality; underlines that there is still a possibility for European vessels to overfish black hake by paying a 95€ fee per ton; recommends to modify this provision by replacing it by a quota reduction in order to fight efficiently against illegal fishing;
Amendment 30 #
2019/0226M(NLE)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Welcomes that the Protocol takes into account sensitive species that are caught as by-catch; stresses the need to further enhance measures to protect the marine ecosystem; emphasises the central role of trained scientific observers in the monitoring of the by-catches;
Amendment 40 #
2019/0226M(NLE)
Motion for a resolution
Paragraph 10 – indent 1
Paragraph 10 – indent 1
- improving monitoring, control and surveillance through the rapid modernisation of the Fisheries Monitoring Centre (FMC) and the training of scientific observers;
Amendment 58 #
2019/0226M(NLE)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Stresses the need to increase transparency and participation in the management of the sectoral support; urges the Commission to provide regular public reports on the use of the sectoral support; recommends that artisanal fishery representatives to be associated to the work of the Joint Commission and any other forum reporting or evaluating on the impacts of the Protocol;
Amendment 1 #
2019/0090M(NLE)
Motion for a resolution
Citation 7 a (new)
Citation 7 a (new)
- Having regard to Article 31.4 of the Common Fisheries Policy EU 1380/2013,
Amendment 2 #
2019/0090M(NLE)
Motion for a resolution
Citation 7 b (new)
Citation 7 b (new)
- - having regard to the European Parliament resolution of 12 April 2016 on common rules in respect of application of the external dimension of the CFP, including fisheries agreements (2015/2091(INI)),
Amendment 11 #
2019/0090M(NLE)
Motion for a resolution
Recital G
Recital G
G. whereas, in order for the Guinea- Bissau fisheries sector to develop, basic infrastructure needs to be installed, such as ports, landing sites, storage facilities and processing plants, which are still missing, with the aim to attract landings of fish caught in waters of Guinea-Bissau;
Amendment 31 #
2019/0090M(NLE)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Considers that aWelcomes the transition in the management of fishing opportunities (from fishing effort management to total allowable catch management) poses a challenge to this Protocol; calls on the Commission to; calls on the Commission to facilitate this challenge and promote, without delay, an appropriate and effective transition, which safeguards the necessary reliability and effectiveness of the ERS and the processing of catch data;
Amendment 39 #
2019/0090M(NLE)
Motion for a resolution
Paragraph 5 – point b
Paragraph 5 – point b
b. construction of key infrastructure for fisheries and related activities, such as ports (both industrial and artisanal), sites for landing, storing and processing fish, markets, distribution and marketing structures, quality analysis laboratories, with the aim to attract landings of the fish caught in waters of Guinea-Bissau;
Amendment 60 #
2019/0090M(NLE)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9 a. Urges the publication of reports on the actions that have been supported by the sectoral support for greater transparency;
Amendment 63 #
2019/0090M(NLE)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10 a. Emphasises the importance of the surplus requirement for Union vessels fishing in third country waters;
Amendment 65 #
2019/0090M(NLE)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11 a. Urges the inclusion of transparency provisions to publish all agreements with states or private entities granting foreign vessels access to Guinea Bissau’s exclusive economic zone (EEZ);
Amendment 67 #
2019/0090M(NLE)
Motion for a resolution
Paragraph 11 b (new)
Paragraph 11 b (new)
11 b. Emphasises the importance that the landings of fish in Guinea Bissau ports contribute to local processing activities and food security, both in terms of species and quality;
Amendment 1 #
2019/0078M(NLE)
Motion for a resolution
Citation 4 a (new)
Citation 4 a (new)
- having regard to Article 31.4 of the Common Fisheries Policy EU 1380/2013,
Amendment 2 #
2019/0078M(NLE)
Motion for a resolution
Citation 4 b (new)
Citation 4 b (new)
- having regard to the European Parliament resolution of 12 April 2016 on common rules in respect of application of the external dimension of the CFP, including fisheries agreements (2015/2091(INI)),
Amendment 3 #
2019/0078M(NLE)
Motion for a resolution
Citation 4 c (new)
Citation 4 c (new)
- having regard to the February 2018 Ex-post and Ex-ante evaluation study of the Sustainable Fisheries Partnership Agreement between the European Union and the Republic of Cabo Verde,
Amendment 5 #
2019/0078M(NLE)
Motion for a resolution
Recital C a (new)
Recital C a (new)
Ca. whereas 20% of catches are made up of sharks, for which there is a lack of scientific data;
Amendment 6 #
2019/0078M(NLE)
Motion for a resolution
Recital D
Recital D
D. whereas the EU-Cape Verde SFPA should promote more effective sustainable development of the Cape Verdean fishing communities and of related industries and activities; whereas the support to be provided under the Protocol has to be consistent with the national development plans and the Blue Growth Action Plan that develops within ecological limits, devised with the United Nations to increase production in, and professionalise, the sector in order to meet the population’s food and employment needs;
Amendment 19 #
2019/0078M(NLE)
Motion for a resolution
Paragraph 3 – introductory part
Paragraph 3 – introductory part
3. Maintains that the EU-Cape Verde SFPA and the Protocol thereto have to be aligned with the national development plans and the Blue Growth Plan for the development of the Cape Verdean fisheries sector that develops within ecological limits, and specifically should:
Amendment 24 #
2019/0078M(NLE)
Motion for a resolution
Paragraph 3 – indent 2
Paragraph 3 – indent 2
- tighten up monitoring, control and surveillance in the Cape Verde EEZ;
Amendment 29 #
2019/0078M(NLE)
Motion for a resolution
Paragraph 3 – indent 5
Paragraph 3 – indent 5
- enable landing quays and ports to be constructed and/or renovated, in particular for the local fisheries, at the port of Mindelo (São Vicente island) for instance;
Amendment 35 #
2019/0078M(NLE)
Motion for a resolution
Paragraph 3 – indent 7 a (new)
Paragraph 3 – indent 7 a (new)
- limit bycatches of sensitive species, such as marine turtles,
Amendment 42 #
2019/0078M(NLE)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Expresses its content that the Agreement does not concern small pelagics that are of great importance for the local population and for which there is no surplus;
Amendment 43 #
2019/0078M(NLE)
Motion for a resolution
Paragraph 3 b (new)
Paragraph 3 b (new)
3 b. Expresses its concern about the possibility of detrimental impacts of fishing activities on the shark population in the Cape Verde EEZ;
Amendment 4 #
2018/0356M(NLE)
Draft opinion
Recital A a (new)
Recital A a (new)
Aa. whereas Vietnam was issued a yellow card in 2017 under the Council Regulation (EC) No 1005/2008 establishing a Community system to prevent, deter and eliminate illegal, unreported and unregulated fishing; whereas this unsustainable practice represents a breach of Article 13.9 of the Trade and Sustainable Development chapter; whereas Vietnam is currently cooperating with the EU on the matter on the basis of 9 recommendations that go with the yellow card and has recently adopted a new framework fishery law together with its implementing decrees;
Amendment 53 #
2018/0356M(NLE)
Draft opinion
Paragraph 5 b (new)
Paragraph 5 b (new)
5b. requests the Commission to conduct regular impact assessments with regard to environmental and climate impacts after three years of implementation of the FTA in order to ensure full compatibility between trade liberalisation and EU’s climate targets; calls for the immediate activation of the amendment procedure in case of incompatibilities with sustainable development and the SDGs; stresses that Vietnam is currently in violation of the specific measures provided by the Agreement under the TSD chapter to fight against Illegal, Unreported and Unregulated fishing (IUU) and that the Commission has issued a yellow card in 2017 in the framework of the EU IUU Regulation; requests that preferential tariffs on fishery products be applied only once the conditions for lifting the yellow cards are met; deplores that while an article of the TSD chapter recalls the importance of responsible and sustainable aquaculture, there is no such an article on responsible and sustainable agriculture, a sector that should benefit strongly from the FTA;