1636 Amendments of Francisco GUERREIRO

Draft opinion
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 N~~eighbourhood, Development and International Cooperation Instrument (NDICI) and for~~DICI, that will better reflect the geopolitical ambitions of the European Union and its global commitments;

2023/06/07
Committee: BUDG

2023/2029(INI)

Draft opinion
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;

2023/06/07
Committee: BUDG

2023/2029(INI)

Draft opinion
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;

2023/06/07
Committee: BUDG

2023/2029(INI)

Draft opinion
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).

2023/06/07
Committee: BUDG

2023/2029(INI)

Draft opinion
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 on~~asks 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;

2023/06/07
Committee: BUDG

2023/2029(INI)

Draft opinion
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.

2023/06/07
Committee: BUDG

2023/2015(INI)

Draft opinion
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~~ high~~est~~ quality ~~with~~and one of the lowest carbon footprints, with plant-based protein having the lowest one;

2023/04/13
Committee: PECH

2023/2015(INI)

Draft opinion
Paragraph 2

2. Highlights the ceontr~~al role~~ibution 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~~ high~~est~~ 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 ~~grow~~increasing dependenc~~e on imports~~y 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;

2023/04/13
Committee: PECH

2023/2015(INI)

Motion for a resolution
Citation 17 a (new)

– having regard to the Commission report ‘strategic guidelines for a more sustainable and competitive EU aquaculture’,

2023/05/03
Committee: AGRI

2023/2015(INI)

Draft opinion
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;

2023/04/13
Committee: PECH

2023/2015(INI)

Draft opinion
Paragraph 4

4. Calls on the Commission and the Member States to ~~increa~~recognise 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 deficiencies~~highlighting the scientific advice such as from the World Health Organisation regarding the consumption of aquatic food;

2023/04/13
Committee: PECH

2023/2015(INI)

Draft opinion
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;

2023/04/13
Committee: PECH

2023/2015(INI)

Draft opinion
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;

2023/04/13
Committee: PECH

2023/2015(INI)

Draft opinion
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.

2023/04/13
Committee: PECH

Motion for a resolution
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;

2023/05/03
Committee: AGRI

Benoît BITEAU, Sarah WIENER, Claude GRUFFAT, Francisco GUERREIRO, Pär HOLMGREN, Thomas WAITZ, Rosa D'AMATO

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.

2023/11/14
Committee: AGRI

2023/0165(COD)

Proposal for a directive
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.

2023/10/13
Committee: PECH

2023/0163(COD)

Proposal for a regulation
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.

2023/10/13
Committee: PECH

2023/0163(COD)

Proposal for a regulation
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.

2023/10/13
Committee: PECH

2023/0156(COD)

Proposal for a regulation
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 ~~liable~~responsible 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.

2023/11/17
Committee: IMCO

2023/0156(COD)

Proposal for a regulation
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.

2023/11/17
Committee: IMCO

2023/0156(COD)

Proposal for a regulation
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.

2023/11/17
Committee: IMCO

2023/0156(COD)

Proposal for a regulation
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.

2023/11/17
Committee: IMCO

2023/0156(COD)

Proposal for a regulation
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.

2023/11/17
Committee: IMCO

2023/0156(COD)

Proposal for a regulation
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;

2023/11/17
Committee: IMCO

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

2023/11/17
Committee: IMCO

2023/0156(COD)

Proposal for a regulation
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 the~~access 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).

2023/11/17
Committee: IMCO

2023/0156(COD)

Proposal for a regulation
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.

2023/11/17
Committee: IMCO

2023/0156(COD)

Proposal for a regulation
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.

2023/11/17
Committee: IMCO

2023/0156(COD)

Proposal for a regulation
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.

2023/11/17
Committee: IMCO

2023/0156(COD)

Proposal for a regulation
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.

2023/11/17
Committee: IMCO

2023/0156(COD)

Proposal for a regulation
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.

2023/11/17
Committee: IMCO

2023/0156(COD)

Proposal for a regulation
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.

2023/11/17
Committee: IMCO

2023/0156(COD)

Proposal for a regulation
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.

2023/11/17
Committee: IMCO

2023/0156(COD)

Proposal for a regulation
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.

2023/11/17
Committee: IMCO

2023/0156(COD)

Proposal for a regulation
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.

2023/11/17
Committee: IMCO

2023/0156(COD)

Proposal for a regulation
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.

2023/11/17
Committee: IMCO

2023/0156(COD)

Proposal for a regulation
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.

2023/11/17
Committee: IMCO

2023/0156(COD)

Proposal for a regulation
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.

2023/11/17
Committee: IMCO

2023/0156(COD)

Proposal for a regulation
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.

2023/11/17
Committee: IMCO

2023/0156(COD)

Proposal for a regulation
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 of~~December 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,

2023/11/17
Committee: IMCO

2023/0156(COD)

Proposal for a regulation
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.

2023/11/17
Committee: IMCO

2023/0156(COD)

Proposal for a regulation
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;

2023/11/17
Committee: IMCO

2023/0156(COD)

Proposal for a regulation
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;

2023/11/17
Committee: IMCO

2023/0156(COD)

Proposal for a regulation
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.

2023/11/17
Committee: IMCO

2023/0156(COD)

Proposal for a regulation
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.

2023/11/17
Committee: IMCO

2023/0156(COD)

Proposal for a regulation
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.

2023/11/17
Committee: IMCO

2023/0156(COD)

Proposal for a regulation
Article 24 – paragraph 1 – point a a (new)

(a a) the absence of serious and repeated infringements to other legislation applied by customs;

2023/11/17
Committee: IMCO

2023/0156(COD)

Proposal for a regulation
Article 25 – paragraph 3 – point a a (new)

(a a) the absence of serious and repeated infringements to other legislation applied by customs

2023/11/17
Committee: IMCO

2023/0156(COD)

Proposal for a regulation
Article 25 – paragraph 3 – point f – introductory part

(f) having an electronic system providing or making available to the customs authorities real-time ~~all~~relevant 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:

2023/11/17
Committee: IMCO

2023/0156(COD)

Proposal for a regulation
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,

2023/11/17
Committee: IMCO

2023/0156(COD)

Proposal for a regulation
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.

2023/11/17
Committee: IMCO

2023/0156(COD)

Proposal for a regulation
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.

2023/11/17
Committee: IMCO

2023/0156(COD)

Proposal for a regulation
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;

2023/11/17
Committee: IMCO

2023/0156(COD)

Proposal for a regulation
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;

2023/11/17
Committee: IMCO

2023/0156(COD)

Proposal for a regulation
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;

2023/11/17
Committee: IMCO

2023/0156(COD)

Proposal for a regulation
Article 29 – paragraph 1 – point h

(h) enable the customs surveillance of goods and contribute to the enforcement of other legislations applied by customs.

2023/11/17
Committee: IMCO

2023/0156(COD)

Proposal for a regulation
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;

2023/11/17
Committee: IMCO

2023/0156(COD)

Proposal for a regulation
Article 31 – paragraph 1 – point b a (new)

(b a) for research purposes

2023/11/17
Committee: IMCO

2023/0156(COD)

Proposal for a regulation
Article 31 – paragraph 4 – point h a (new)

(h a) to support the enforcement of other union legislations concerning products entering the internal market

2023/11/17
Committee: IMCO

2023/0156(COD)

Proposal for a regulation
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 and~~to 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).

2023/11/17
Committee: IMCO

2023/0156(COD)

Proposal for a regulation
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.

2023/11/17
Committee: IMCO

2023/0156(COD)

Proposal for a regulation
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.

2023/11/17
Committee: IMCO

2023/0156(COD)

Proposal for a regulation
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.

2023/11/17
Committee: IMCO

2023/0156(COD)

Proposal for a regulation
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;

2023/11/17
Committee: IMCO

2023/0156(COD)

Proposal for a regulation
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;

2023/11/17
Committee: IMCO

2023/0156(COD)

Proposal for a regulation
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);

2023/11/17
Committee: IMCO

2023/0156(COD)

Proposal for a regulation
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.

2023/11/17
Committee: IMCO

2023/0156(COD)

Proposal for a regulation
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.

2023/11/17
Committee: IMCO

2023/0156(COD)

Proposal for a regulation
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;

2023/11/17
Committee: IMCO

2023/0156(COD)

Proposal for a regulation
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;

2023/11/17
Committee: IMCO

2023/0156(COD)

Proposal for a regulation
Article 51 – paragraph 1

1. The Commission ~~may~~shall 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.

2023/11/17
Committee: IMCO

2023/0156(COD)

Proposal for a regulation
Article 51 – paragraph 2

2. Without prejudice to paragraph 6, point (f), of this Article and to Article 43, the Commission ~~may~~shall identify specific areas in the domain of other legislation applied by the customs authorities that warrant priority treatment for customs risk management and controls.

2023/11/17
Committee: IMCO

2023/0156(COD)

Proposal for a regulation
Article 51 – paragraph 3 – introductory part

3. The Commission ~~may~~shall:

2023/11/17
Committee: IMCO

2023/0156(COD)

Proposal for a regulation
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.

2023/11/17
Committee: IMCO

2023/0156(COD)

Proposal for a regulation
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.

2023/11/17
Committee: IMCO

2023/0156(COD)

Proposal for a regulation
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.

2023/11/17
Committee: IMCO

2023/0156(COD)

Proposal for a regulation
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;~~

2023/11/17
Committee: IMCO

2023/0156(COD)

Proposal for a regulation
Article 60 – paragraph 3 – point b a (new)

(b a) where other legislation applied by customs require consultation with other competent authorities;

2023/11/17
Committee: IMCO

2023/0156(COD)

Proposal for a regulation
Article 60 – paragraph 5 – point b –point ii

~~(ii) the other authorities have not replied within the time limit determined in the relevant other legislation applied by the customs authorities, or~~deleted

2023/11/17
Committee: IMCO

2023/0156(COD)

Proposal for a regulation
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.

2023/11/17
Committee: IMCO

2023/0156(COD)

Proposal for a regulation
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.

2023/11/17
Committee: IMCO

2023/0156(COD)

Proposal for a regulation
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.

2023/11/17
Committee: IMCO

2023/0156(COD)

Proposal for a regulation
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

2023/11/17
Committee: IMCO

2023/0156(COD)

Proposal for a regulation
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.

2023/11/17
Committee: IMCO

2023/0156(COD)

Proposal for a regulation
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.

2023/11/17
Committee: IMCO

2023/0156(COD)

Proposal for a regulation
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;

2023/11/17
Committee: IMCO

2023/0156(COD)

Proposal for a regulation
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.

2023/11/17
Committee: IMCO

2023/0156(COD)

Proposal for a regulation
Article 228 – paragraph 6

6. In accordance with Regulation (EU) 2017/1939, EPPO ~~may~~is responsible for investigat~~e and~~ing, prosecut~~e fraud and other illegal activiti~~ing 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).

2023/11/17
Committee: IMCO

2023/0156(COD)

Proposal for a regulation
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.

2023/11/17
Committee: IMCO

2023/0156(COD)

Proposal for a regulation
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.

2023/11/17
Committee: IMCO

2023/0156(COD)

Proposal for a regulation
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;

2023/11/17
Committee: IMCO

2023/0156(COD)

Proposal for a regulation
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.

2023/11/17
Committee: IMCO

2023/0156(COD)

Proposal for a regulation
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.

2023/11/17
Committee: IMCO

2023/0156(COD)

Proposal for a regulation
Article 256 – paragraph 4

4. The Commission shall verify the report and transmit it afterwards to the Member States and the Europan Parliamentfor information.

2023/11/17
Committee: IMCO

2023/0156(COD)

Proposal for a regulation
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.

2023/11/17
Committee: IMCO

2023/0156(COD)

Proposal for a regulation
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:

2023/11/17
Committee: IMCO

2023/0133(COD)

Proposal for a regulation
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.

2023/10/27
Committee: IMCO

2023/0133(COD)

Proposal for a regulation
Recital 5

(5) Whereas transparency in SEP licensing should stimulate a balanced investment environment, along entire Single Market value chains, in particular for emerging technology use cases underpinning Union objectives of green, digital and resilient growth, the Regulation should also apply to standards or parts thereof, published before its entry into force where inefficiencies in the licensing of the relevant SEPs severely distort the functioning of the internal market. This is particularly relevant for market failures hindering investment in the Single Market, the roll-out of innovative technologies or the development of nascent technologies and emerging use cases. Therefore, taking into account those criteria, the Commission should determine by a delegated act the standards or parts thereof that have been published before the entry into force of this Regulation and the relevant use cases, for which SEPs can be registered.deleted

2023/10/27
Committee: IMCO

2023/0133(COD)

Proposal for a regulation
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.

2023/10/27
Committee: IMCO

2023/0133(COD)

Proposal for a regulation
Recital 8

(8) In view of the global character of SEP licensing, references to aggregate royalty and FRAND determination may refer to global aggregate royalties and global FRAND determinations, or as otherwise agreed by the notifying stakeholders or the parties to the proceedings.deleted

2023/10/27
Committee: IMCO

2023/0133(COD)

Proposal for a regulation
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.

2023/10/27
Committee: IMCO

2023/0133(COD)

Proposal for a regulation
Recital 15

(15) Knowledge of the potential total royalty for all SEPs covering a standard (aggregate royalty) applicable to the implementations of that standard is important for the assessment of the royalty amount for a product, which plays a significant role for the manufacturer’s cost determinations. It also helps SEP holder to plan expected return on investment. The publication of the expected aggregate royalty and the standard licensing terms and conditions for a particular standard would facilitate SEP licensing and reduce the cost of SEP licensing. Thus, it is necessary to make public the information on total royalty rates (aggregate royalty) and the standard FRAND terms and conditions of licensing.deleted

2023/10/27
Committee: IMCO

2023/0133(COD)

Proposal for a regulation
Recital 16

(16) SEP holders should have the opportunity to first inform the competence centre of the publication of the standard or the aggregate royalty which they have agreed upon among themselves. Except for those use cases of standards for which the Commission establishes that there are well established and broadly well- functioning licensing practices of SEPs, the competence centre may assist the parties in the relevant aggregate royalty determination. In this context, if there is no agreement on an aggregate royalty among SEP holders, certain SEP holders may request the competence centre to appoint a conciliator to assist the SEP holders willing to participate in the process in determining an aggregate royalty for the SEPs covering the relevant standard. In this case, the role of the conciliator would be to facilitate the decision-making by the participating SEP holders without making any recommendation for an aggregate royalty. Finally, it is important to ensure that there is a third independent party, an expert, that could recommend an aggregate royalty. Therefore, SEP holders and/or implementers should be able to request the competence centre for an expert opinion on an aggregate royalty. When such a request is made, the competence centre should appoint a panel of conciliators and administer a process in which all interested stakeholders are invited to participate. After receiving information from all of the participants, the panel should provide a non-binding expert opinion for an aggregate royalty. The expert opinion on the aggregate royalty should contain a non-confidential analysis of the expected impact of the aggregate royalty on the SEP holders and the stakeholders in the value chain. Important in this respect would be to consider factors such as, efficiency of SEP licensing, including insights from any customary rules or practices for licensing of intellectual property in the value chain and cross-licensing, and impact on incentives to innovate of SEP holders and different stakeholders in the value chain.deleted

2023/10/27
Committee: IMCO

2023/0133(COD)

Proposal for a regulation
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.

2023/10/27
Committee: IMCO

2023/0133(COD)

Proposal for a regulation
Recital 20

~~(20) SEP holders may register after the indicated time limit. However, in that case, SEP holders should not be able to collect royalties and claim damages for the period of delay.~~deleted

2023/10/27
Committee: IMCO

2023/0133(COD)

Proposal for a regulation
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.~~

2023/10/27
Committee: IMCO

2023/0133(COD)

Proposal for a regulation
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.

2023/10/27
Committee: IMCO

2023/0133(COD)

Proposal for a regulation
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.

2023/10/27
Committee: IMCO

2023/0133(COD)

Proposal for a regulation
Recital 33

(33) The FRAND determination would be a mandatory step before a SEP holder would be able to initiate patent infringement proceedings or an implementer could request a determination or assessment of FRAND terms and conditions concerning a SEP before a competent court of a Member State. However, the obligation to initiate FRAND determination before the relevant court proceedings should not be required for SEPs covering those use cases of standards for which the Commission establishes that there are no significant difficulties or inefficiencies in licensing on FRAND terms.deleted

2023/10/27
Committee: IMCO

2023/0133(COD)

Proposal for a regulation
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.

2023/10/27
Committee: IMCO

2023/0133(COD)

Proposal for a regulation
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.~~

2023/10/27
Committee: IMCO

2023/0133(COD)

Proposal for a regulation
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~~.

2023/10/27
Committee: IMCO

2023/0133(COD)

Proposal for a regulation
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 other~~any party.

2023/10/27
Committee: IMCO

2023/0133(COD)

Proposal for a regulation
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 royalty~~FRAND 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.

2023/10/27
Committee: IMCO

2023/0133(COD)

Proposal for a regulation
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.

2023/10/27
Committee: IMCO

2023/0133(COD)

Proposal for a regulation
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.)

2023/10/27
Committee: IMCO

2023/0133(COD)

Proposal for a regulation
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.)

2023/10/27
Committee: IMCO

2023/0133(COD)

Proposal for a regulation
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~~,

2023/10/27
Committee: IMCO

2023/0133(COD)

Proposal for a regulation
Article 1 – paragraph 2 – point a

~~(a) after the entry into force of this Regulation, with the exceptions provided in paragraph 3;~~deleted

2023/10/27
Committee: IMCO

2023/0133(COD)

Proposal for a regulation
Article 1 – paragraph 2 – point b

~~(b) before the entry into force of this Regulation, in accordance with Article 66.~~deleted

2023/10/27
Committee: IMCO

2023/0133(COD)

Proposal for a regulation
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;

2023/10/27
Committee: IMCO

2023/0133(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 10

~~(10) ‘aggregate royalty’ means the maximum amount of royalty for all patents essential to a standard;~~deleted

2023/10/27
Committee: IMCO

2023/0133(COD)

Proposal for a regulation
Article 3 – paragraph 2 – point f

~~(f) administer a process for aggregate royalty determination;~~deleted

2023/10/27
Committee: IMCO

2023/0133(COD)

Proposal for a regulation
Article 5 – paragraph 2 – point g

~~(g) information on aggregate royalties pursuant to Articles 15, 16 and 17;~~deleted

2023/10/27
Committee: IMCO

2023/0133(COD)

Proposal for a regulation
Article 5 – paragraph 2 – point h

~~(h) expert opinions referred to in Article 18;~~deleted

2023/10/27
Committee: IMCO

2023/0133(COD)

Proposal for a regulation
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;

2023/10/27
Committee: IMCO

2023/0133(COD)

Proposal for a regulation
Article 15

Notification of an aggregate royalty to the 1. more Member States for which FRAND commitments have been made may jointly notify the competence centre the aggregate royalty for the SEPs covering a standard. 2. accordance with paragraph (1) shall contain the information on the following: (a) standard; (b) that define the standard; (c) making the notification referred to in paragraph (1); (d) holders referred to in paragraph (1) represent from all SEP holders; (e) they own collectively from all SEPs forArticle 15 deleted competence centre Holders of SEPs in force in one or The notification made in the commercial name of the the list of technical specifications the names of the SEP holders the estimated percentage the SEP the est~~andard; (f) SEP holders referred to in point (c); (g) unless the notifying parties specify~~imated percentage of SEPs the implementations known to thate the global aggregate royalty is not global; (h) royalty referred to in paragraph (1) is valid. 3. paragraph (1) shall be made at the latest 120 days after: (a) the standard development organisation for implementations known to the SEP holders referred to in paragraph (2), point (c); or (b) standard becomes known to them. 4. publish in the database the information provided under paragraph (2)., any period for which the aggregate The notification referred to in the publication of a standard by a new implementation of the The competence centre shall

2023/10/27
Committee: IMCO

2023/0133(COD)

Proposal for a regulation
Article 16

Revision of aggregate royalty 1. aggregate royalty, the SEP holders shall notify the competence centre about the revised aggregate royalty and the reasons for the revision. 2. publish in the database the initial aggregate royalty, the revised aggregate royalty and the reasons for the revision in the register.Article 16 deleted In case of revision of the The competence centre shall

2023/10/27
Committee: IMCO

2023/0133(COD)

Proposal for a regulation
Article 17

Process for facilitating agreements on aggregate royalty determinations 1. more Member States representing at least 20 % of all SEPs of a standard may request the competence centre to appoint a conciliator from the roster of conciliators to mediate the discussions for a joint submission of an aggregate royalty. 2. later than 90 days following the publication of the standard or no later than 120 days following the firArticle 17 deleted Holders of SEPs in force in one or Such a request shall be made no The request shal~~e of new implementation on the Union market for implementations not known at~~l contain the the commercial name of the the ~~tim~~date of publication of the standard. 3. following information: (a) standard; (b) technical specification or the date of the first sale of new implementation on the Union market; (c) SEP holders referred to in paragraph (1); (d) the SEP holders supporting the request; (e) they own individually and collectively from all potential SEPs claimed for the standard. 4. the SEP holders referred to in paragraph (3), point (d) and request them to express their interest in participating in the process and to providelatest the implementations known to the the names and contact details of their estimated percentage of SEPs from all SEPs for the standard. 5. appoint a conciliator from the roster of conciliators and inform all SEP holders that expressed interest to participate in the process. 6. conciliator confidential information shall provide a non-confidential version of the information submitted in confidence in sufficient detail to permit a reasonable understanding of the substance of the information submitted in confidence. 7. Where the SEP holders fail to make a joint notification within 6 months from the appointment of the conciliator, the conciliator shall terminate the process. 8. notification, the procedure set out in Article 15(1), (2) and (4) shall apply.The competence centre shall notify The competence centre shall SEP holders that submit to the If the contributors agree on a joint

2023/10/27
Committee: IMCO

2023/0133(COD)

Proposal for a regulation
Article 18

~~[...]~~deleted

2023/10/27
Committee: IMCO

2023/0133(COD)

Proposal for a regulation
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)

2023/10/27
Committee: IMCO

2023/0133(COD)

Proposal for a regulation
Article 26 – paragraph 2 – introductory part

2. A conciliator shall ~~conduct the following tasks:~~serve in the FRAND determination.

2023/10/27
Committee: IMCO

2023/0133(COD)

Proposal for a regulation
Article 26 – paragraph 2 – point a

~~(a) mediate among parties in establishing an aggregate royalty;~~deleted

2023/10/27
Committee: IMCO

2023/0133(COD)

Proposal for a regulation
Article 26 – paragraph 2 – point b

~~(b) provide a non-binding opinion on an aggregate royalty;~~deleted

2023/10/27
Committee: IMCO

2023/0133(COD)

Proposal for a regulation
Article 26 – paragraph 2 – point c

~~(c) serve in a FRAND determination.~~deleted

2023/10/27
Committee: IMCO

2023/0133(COD)

Proposal for a regulation
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:

2023/10/27
Committee: IMCO

2023/0133(COD)

Proposal for a regulation
Article 26 – paragraph 5 – point b

(b) the procedures pursuant to Articles ~~17, 18,~~ 31 and 32 and Title VI.

2023/10/27
Committee: IMCO

2023/0133(COD)

Proposal for a regulation
Article 29 – paragraph 6

6. Any implementer may voluntarily propose annually up to 100 registered SEPs from different patent families to be checked for essentiality with regard to each specific standard for which SEP registrations have been made.deleted

2023/10/27
Committee: IMCO

2023/0133(COD)

Proposal for a regulation
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.

2023/10/27
Committee: IMCO

2023/0133(COD)

Proposal for a regulation
Article 34 – paragraph 5

~~5. Once the FRAND determination is terminated, the whole range of measures, including provisional, precautionary and corrective measures, shall be available to parties.~~deleted

2023/10/27
Committee: IMCO

2023/0133(COD)

Proposal for a regulation
Article 37 – paragraph 2

~~2. The period for the time barring of claims before a competent court of a Member State shall be suspended for the duration of the FRAND determination.~~deleted

2023/10/27
Committee: IMCO

2023/0133(COD)

Proposal for a regulation
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.

2023/10/27
Committee: IMCO

2023/0133(COD)

Proposal for a regulation
Article 38 – paragraph 3 – point a

(a) the competence centre shall notify the requesting party thereof and invite it to indicate within seven days whether it requests the continuation of the FRAND determination and whether it commits to comply with the outcome of the FRAND determination;deleted

2023/10/27
Committee: IMCO

2023/0133(COD)

Proposal for a regulation
Article 38 – paragraph 3 – point b

(b) where the requesting party requests the continuation of the FRAND determination and commits to its outcome, the FRAND determination shall continue, but Article 34(1) shall not apply to the court proceedings for the requesting party in relation to the same subject matter.deleted

2023/10/27
Committee: IMCO

2023/0133(COD)

Proposal for a regulation
Article 38 – paragraph 3 – point c

(c) where the requesting party fails to request, within the time limit referred to in subparagraph (a), the continuation of the FRAND determination, the competence centre shall terminate the FRAND determination.deleted

2023/10/27
Committee: IMCO

2023/0133(COD)

Proposal for a regulation
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 contin~~gent upon the commitment of~~ue and, provided the re~~questing party to comply with~~ is mutual agreement, the outcome of the FRAND determination~~, the following shall apply:~~ may be finding for both parties;

2023/10/27
Committee: IMCO

2023/0133(COD)

Proposal for a regulation
Article 38 – paragraph 4 – point a

(a) the competence centre shall notify the requesting party thereof and request to inform the competence centre within seven days whether it also commits to comply with the outcome of the FRAND determination. In case of acceptance of the commitment by the requesting party, the FRAND determination shall continue and the outcome shall be binding for both parties;deleted

2023/10/27
Committee: IMCO

2023/0133(COD)

Proposal for a regulation
Article 38 – paragraph 4 – point b

(b) where the requesting party does not reply within the time limit referred to in subparagraph (a) or informs the competence centre of its decision not to commit to comply with outcome of the FRAND determination, the competence centre shall notify the responding party and invite it to indicate within seven days whether it requests the continuation of the FRAND determination.deleted

2023/10/27
Committee: IMCO

2023/0133(COD)

Proposal for a regulation
Article 38 – paragraph 4 – point c

(c) where the responding party requests the continuation of the FRAND determination, the FRAND determination shall continue, but Article 34(1) shall not apply to the court proceedings for by the responding party in relation to the same subject matter;deleted

2023/10/27
Committee: IMCO

2023/0133(COD)

Proposal for a regulation
Article 38 – paragraph 6

6. The FRAND determination shall concern a global SEP licence, unless otherwise specified by the parties in case both parties agree to the FRAND determination or by the party that requested the continuation of the FRAND determination. SMEs that are parties to the FRAND determination may request to limit the territorial scope of the FRAND determination.deleted

2023/10/27
Committee: IMCO

2023/0133(COD)

Proposal for a regulation
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.

2023/10/27
Committee: IMCO

2023/0133(COD)

Proposal for a regulation
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.

2023/10/27
Committee: IMCO

2023/0133(COD)

Proposal for a regulation
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 submission~~at any time. The other party shall be given opportunity to submit its observations.

2023/10/27
Committee: IMCO

2023/0133(COD)

Proposal for a regulation
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.

2023/10/27
Committee: IMCO

2023/0133(COD)

Proposal for a regulation
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.

2023/10/27
Committee: IMCO

2023/0133(COD)

Proposal for a regulation
Article 45 – paragraph 4

~~4. The responding party may join the FRAND determination at any moment before its termination.~~deleted

2023/10/27
Committee: IMCO

2023/0133(COD)

Proposal for a regulation
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.

2023/10/27
Committee: IMCO

2023/0133(COD)

Proposal for a regulation
Article 46 – paragraph 1 – point b

~~(b) withdraws its commitment to comply with the outcome of the FRAND determination as set out in Art. 38, or~~deleted

2023/10/27
Committee: IMCO

2023/0133(COD)

Proposal for a regulation
Article 46 – paragraph 3

3. If the party requesting the continuation of the FRAND determination fails to comply with any request of the conciliator or in any other way fails to comply with a requirement relating to the FRAND determination, the conciliator shall terminate the procedure.deleted

2023/10/27
Committee: IMCO

2023/0133(COD)

Proposal for a regulation
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.

2023/10/27
Committee: IMCO

2023/0133(COD)

Proposal for a regulation
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.~~

2023/10/27
Committee: IMCO

2023/0133(COD)

Proposal for a regulation
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~~.

2023/10/27
Committee: IMCO

2023/0133(COD)

Proposal for a regulation
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.

2023/10/27
Committee: IMCO

2023/0133(COD)

Proposal for a regulation
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.

2023/10/27
Committee: IMCO

2023/0133(COD)

Proposal for a regulation
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.

2023/10/27
Committee: IMCO

2023/0133(COD)

Proposal for a regulation
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.

2023/10/27
Committee: IMCO

2023/0133(COD)

Proposal for a regulation
Article 63 – paragraph 2 – point b

~~(b) for the expert opinion on aggregate royalty in accordance with Article 18;~~deleted

2023/10/27
Committee: IMCO

2023/0133(COD)

Proposal for a regulation
Article 63 – paragraph 3 – point a

~~(a) the fees referred to in paragraph (2), point (a) by the SEP holders that participated in the process based on their estimated percentage of SEPs from all SEPs for the standard;~~deleted

2023/10/27
Committee: IMCO

2023/0133(COD)

Proposal for a regulation
Article 63 – paragraph 3 – point b

(b) the fees referred to in paragraph (2), point (b) equally by the parties that participated in the procedure of the expert opinion on aggregate royalty, unless they agree otherwise, or the panel suggests a different apportionment based on the size of the parties determined on the basis of their turnover;deleted

2023/10/27
Committee: IMCO

2023/0133(COD)

Proposal for a regulation
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.

2023/10/27
Committee: IMCO

2023/0133(COD)

Proposal for a regulation
Article 66

Opening registration for an existing 1. 28 months from the entry into force of this regulation] holders of SEPs essential to a standard published before the entry into force of this Regulation (‘existing standards’), for which FRAND commitments have been made, may notify the competence centre pursuant to Articles 14, 15 and 17 of any of the existing standards or parts thereof that will be determined in theArticle 66 delegated act in accordance with paragraph (4). The procedures, notification and publication requirements set out in this Regulation apply mutatis mutandis. 2. Until [OJ: please insert the date = 28 months from entry into force of this regulation] implementers of a standard, standard published before the entry into force of this Regulation, for which FRAND commitments have been made may notify pursuant to Article 14(4) the competence centre of any of the existing standards or parts thereof, that will be determined in the delegated act in accordance with paragraph (4). The procedures, notification and publication requirements set out in this Regulation apply mutatis mutandis. 3. 30 months from entry into force of this regulation] a SEP holder or an implementer may request an expert opinion pursuant to Article 18 regarding SEPs essential to an existing standard or parts therestandard Until [OJ: please insert the date = Until [OJ: please insert the date = Where the functioning of, that will be determined in the delegated act in accordance with paragraph (4). The requirements and procedures set out in Article 18 apply mutatis mutandis. 4. internal market is severely distorted due to inefficiencies in the licensing of SEPs, the Commission shall, after an appropriate consultation process, by means of a delegated act pursuant to Article 67, determine which of the existing standards, parts thereof or relevant use cases can be notified in accordance with paragraph (1) or paragraph (2), or for which an expert opinion can be requested in accordance with paragraph (3). The delegated act shall also determine which procedures, notification and publication requirements set out in this Regulation apply to those existing standards. The delegated act shall be adopted within [OJ: please insert the date = 18 months from entry into force of this regulation]. 5. prejudice to any acts concluded and rights acquired by [OJ: please insert the date = 28 months from entry into force of this regulation].e This article shall apply without

2023/10/27
Committee: IMCO

2023/0124(COD)

Proposal for a regulation
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;

2023/11/16
Committee: IMCO

2023/0124(COD)

Proposal for a regulation
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;

2023/11/16
Committee: IMCO

2023/0124(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 19

(19) ‘economic operator’ means the manufacturer, the authorised representative, the importer , the distributor, the ~~distributor~~fulfilment 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;

2023/11/16
Committee: IMCO

2023/0124(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 19

(19) ‘economic operator’ means the manufacturer, the authorised representative, the importer , the distributor, the ~~distributor~~fulfilment 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;

2023/11/16
Committee: IMCO

2023/0124(COD)

Proposal for a regulation
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;

2023/11/16
Committee: IMCO

2023/0124(COD)

Proposal for a regulation
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;

2023/11/16
Committee: IMCO

2023/0124(COD)

Proposal for a regulation
Article 7 – paragraph 2 – subparagraph 1

~~Manufacturers shall~~Before placing their products on the market, manufacturers shall carry out an internal risk analysis and draw up the technical documentation referred to in Annex IV and carry out the conformity assessment procedure referred to in that Annex.

2023/11/16
Committee: IMCO

2023/0124(COD)

Proposal for a regulation
Article 7 – paragraph 2 – subparagraph 1

~~Manufacturers shall~~Before placing their products on the market, manufacturers shall carry out an internal risk analysis and draw up the technical documentation referred to in Annex IV and carry out the conformity assessment procedure referred to in that Annex.

2023/11/16
Committee: IMCO

2023/0124(COD)

Proposal for a regulation
Article 7 – paragraph 3

3. Manufacturers shall ~~keep~~draw 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.

2023/11/16
Committee: IMCO

2023/0124(COD)

Proposal for a regulation
Article 7 – paragraph 3

3. Manufacturers shall ~~keep~~draw 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.

2023/11/16
Committee: IMCO

2023/0124(COD)

Proposal for a regulation
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.

2023/11/16
Committee: IMCO

2023/0124(COD)

Proposal for a regulation
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.

2023/11/16
Committee: IMCO

2023/0124(COD)

Proposal for a regulation
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.

2023/11/16
Committee: IMCO

2023/0124(COD)

Proposal for a regulation
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.

2023/11/16
Committee: IMCO

2023/0124(COD)

Proposal for a regulation
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.

2023/11/16
Committee: IMCO

2023/0124(COD)

Proposal for a regulation
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.

2023/11/16
Committee: IMCO

2023/0124(COD)

Proposal for a regulation
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.

2023/11/16
Committee: IMCO

2023/0124(COD)

Proposal for a regulation
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.

2023/11/16
Committee: IMCO

2023/0124(COD)

Proposal for a regulation
Article 7 – paragraph 6 – subparagraph 2 – point a

(a) ~~upon request from the Member States’ appointed bodies~~before placing the detergent on the market in the Member State concerned;

2023/11/16
Committee: IMCO

2023/0124(COD)

Proposal for a regulation
Article 7 – paragraph 6 – subparagraph 2 – point a

(a) ~~upon request from the Member States’ appointed bodies~~before placing the detergent on the market in the Member State concerned;

2023/11/16
Committee: IMCO

2023/0124(COD)

Proposal for a regulation
Article 7 – paragraph 6 – subparagraph 2 – point b

(b) when the detergent for which a data sheet has already been ~~request~~provided no longer corresponds to the information included in that datasheet.

2023/11/16
Committee: IMCO

2023/0124(COD)

Proposal for a regulation
Article 7 – paragraph 6 – subparagraph 2 – point b

(b) when the detergent for which a data sheet has already been ~~request~~provided no longer corresponds to the information included in that datasheet.

2023/11/16
Committee: IMCO

2023/0124(COD)

Proposal for a regulation
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.

2023/11/16
Committee: IMCO

2023/0124(COD)

Proposal for a regulation
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.

2023/11/16
Committee: IMCO

2023/0124(COD)

Proposal for a regulation
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.

2023/11/16
Committee: IMCO

2023/0124(COD)

Proposal for a regulation
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.

2023/11/16
Committee: IMCO

2023/0124(COD)

Proposal for a regulation
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).

2023/11/16
Committee: IMCO

2023/0124(COD)

Proposal for a regulation
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).

2023/11/16
Committee: IMCO

2023/0124(COD)

Proposal for a regulation
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;

2023/11/16
Committee: IMCO

2023/0124(COD)

Proposal for a regulation
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;

2023/11/16
Committee: IMCO

2023/0124(COD)

Proposal for a regulation
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;

2023/11/16
Committee: IMCO

2023/0124(COD)

Proposal for a regulation
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;

2023/11/16
Committee: IMCO

2023/0124(COD)

Proposal for a regulation
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.

2023/11/16
Committee: IMCO

2023/0124(COD)

Proposal for a regulation
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.

2023/11/16
Committee: IMCO

2023/0124(COD)

Proposal for a regulation
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.

2023/11/16
Committee: IMCO

2023/0124(COD)

Proposal for a regulation
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.

2023/11/16
Committee: IMCO

2023/0124(COD)

Proposal for a regulation
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.

2023/11/16
Committee: IMCO

2023/0124(COD)

Proposal for a regulation
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.

2023/11/16
Committee: IMCO

2023/0124(COD)

Proposal for a regulation
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.

2023/11/16
Committee: IMCO

2023/0124(COD)

Proposal for a regulation
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.

2023/11/16
Committee: IMCO

2023/0124(COD)

Proposal for a regulation
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.

2023/11/16
Committee: IMCO

2023/0124(COD)

Proposal for a regulation
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.

2023/11/16
Committee: IMCO

2023/0124(COD)

Proposal for a regulation
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.

2023/11/16
Committee: IMCO

2023/0124(COD)

Proposal for a regulation
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.

2023/11/16
Committee: IMCO

2023/0124(COD)

Proposal for a regulation
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.

2023/11/16
Committee: IMCO

2023/0124(COD)

Proposal for a regulation
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.

2023/11/16
Committee: IMCO

2023/0124(COD)

Proposal for a regulation
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.

2023/11/16
Committee: IMCO

2023/0124(COD)

Proposal for a regulation
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.

2023/11/16
Committee: IMCO

2023/0124(COD)

Proposal for a regulation
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.

2023/11/16
Committee: IMCO

2023/0124(COD)

Proposal for a regulation
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.

2023/11/16
Committee: IMCO

2023/0124(COD)

Proposal for a regulation
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.

2023/11/16
Committee: IMCO

2023/0124(COD)

Proposal for a regulation
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.

2023/11/16
Committee: IMCO

2023/0124(COD)

Proposal for a regulation
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.

2023/11/16
Committee: IMCO

2023/0124(COD)

Proposal for a regulation
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.

2023/11/16
Committee: IMCO

2023/0124(COD)

Proposal for a regulation
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.

2023/11/16
Committee: IMCO

2023/0124(COD)

Proposal for a regulation
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.

2023/11/16
Committee: IMCO

2023/0124(COD)

Proposal for a regulation
Article 11 – paragraph 1

A~~n 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 distributor~~natural 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.

2023/11/16
Committee: IMCO

2023/0124(COD)

Proposal for a regulation
Article 11 – paragraph 1

A~~n 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 distributor~~natural 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.

2023/11/16
Committee: IMCO

2023/0124(COD)

Proposal for a regulation
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;

2023/11/16
Committee: IMCO

2023/0124(COD)

Proposal for a regulation
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;

2023/11/16
Committee: IMCO

2023/0124(COD)

Proposal for a regulation
Article 17 – paragraph 1 – point e

(e) the information on the digital label shall be presented in a ~~way~~language 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;

2023/11/16
Committee: IMCO

2023/0124(COD)

Proposal for a regulation
Article 17 – paragraph 1 – point e

(e) the information on the digital label shall be presented in a ~~way~~language 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;

2023/11/16
Committee: IMCO

2023/0124(COD)

Proposal for a regulation
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;

2023/11/16
Committee: IMCO

2023/0124(COD)

Proposal for a regulation
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;

2023/11/16
Committee: IMCO

2023/0124(COD)

Proposal for a regulation
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.

2023/11/16
Committee: IMCO

2023/0124(COD)

Proposal for a regulation
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.

2023/11/16
Committee: IMCO

2023/0124(COD)

Proposal for a regulation
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.

2023/11/16
Committee: IMCO

2023/0124(COD)

Proposal for a regulation
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.

2023/11/16
Committee: IMCO

2023/0124(COD)

Proposal for a regulation
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;

2023/11/16
Committee: IMCO

2023/0124(COD)

Proposal for a regulation
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;

2023/11/16
Committee: IMCO

2023/0124(COD)

Proposal for a regulation
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;

2023/11/16
Committee: IMCO

2023/0124(COD)

Proposal for a regulation
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;

2023/11/16
Committee: IMCO

2023/0124(COD)

Proposal for a regulation
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;

2023/11/16
Committee: IMCO

2023/0124(COD)

Proposal for a regulation
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;

2023/11/16
Committee: IMCO

2023/0124(COD)

Proposal for a regulation
Article 18 – paragraph 2 – point h a (new)

(h a) it shall facilitate the verification of detergent or surfactant compliance by competent national authorities;

2023/11/16
Committee: IMCO

2023/0124(COD)

Proposal for a regulation
Article 18 – paragraph 2 – point h a (new)

(h a) it shall facilitate the verification of detergent or surfactant compliance by competent national authorities;

2023/11/16
Committee: IMCO

2023/0124(COD)

Proposal for a regulation
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;

2023/11/16
Committee: IMCO

2023/0124(COD)

Proposal for a regulation
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;

2023/11/16
Committee: IMCO

2023/0124(COD)

Proposal for a regulation
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;

2023/11/16
Committee: IMCO

2023/0124(COD)

Proposal for a regulation
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;

2023/11/16
Committee: IMCO

2023/0124(COD)

Proposal for a regulation
Article 19 – paragraph 1 – point c a (new)

(c a) product passports shall be designed and operated so that they are user-friendly;

2023/11/16
Committee: IMCO

2023/0124(COD)

Proposal for a regulation
Article 19 – paragraph 1 – point c a (new)

(c a) product passports shall be designed and operated so that they are user-friendly;

2023/11/16
Committee: IMCO

2023/0124(COD)

Proposal for a regulation
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.

2023/11/16
Committee: IMCO

2023/0124(COD)

Proposal for a regulation
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.

2023/11/16
Committee: IMCO

2023/0124(COD)

Proposal for a regulation
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.

2023/11/16
Committee: IMCO

2023/0124(COD)

Proposal for a regulation
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.

2023/11/16
Committee: IMCO

2023/0124(COD)

Proposal for a regulation
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).

2023/11/16
Committee: IMCO

2023/0124(COD)

Proposal for a regulation
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).

2023/11/16
Committee: IMCO

2023/0124(COD)

Proposal for a regulation
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.

2023/11/16
Committee: IMCO

2023/0124(COD)

Proposal for a regulation
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.

2023/11/16
Committee: IMCO

2023/0081(COD)

Proposal for a regulation
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 ~~avoid~~reduce 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 energy~~jeopardise the achievement of Union’s climate and energy objectives, this Regulation sh~~all~~ould set out provisions to encourage demand for sustainable and resilient net-zero technologies in the Union.

2023/06/02
Committee: IMCO

2023/0081(COD)

Proposal for a regulation
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 ~~additional~~qualitative criteria for identifying the most economically advantageous tender. Such criteria concern for instance the quality of the tender including social, environmental ~~and~~or 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.

2023/06/02
Committee: IMCO

2023/0081(COD)

Proposal for a regulation
Recital 27

(27) Without prejudice to Union legislation applicable to a specific technology, including under the Proposal for a Regulation of the European Parliament and of the Council establishing a framework for setting ecodesign requirements for sustainable products44 and the Proposal for a Regulation of the European Parliament and of the Council concerning batteries and waste batteries45 , and unless otherwise indicated therein, when evaluating the environmental sustainability of ~~the~~ net-zero solutions ~~procured on the basis~~falling under the scope of this Regulation, contracting authorities and contracting entities ~~may~~should 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.

2023/06/02
Committee: IMCO

2023/0081(COD)

Proposal for a regulation
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 Union~~at global level.

2023/06/02
Committee: IMCO

2023/0081(COD)

Proposal for a regulation
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.

2023/06/02
Committee: IMCO

2023/0081(COD)

Proposal for a regulation
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 ~~and~~or 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).

2023/06/02
Committee: IMCO

2023/0081(COD)

Proposal for a regulation
Article 19 – paragraph 2 – point a

(a) environmental and social sustainability going beyond the minimum requirements in applicable legislation;

2023/06/02
Committee: IMCO

2023/0081(COD)

Proposal for a regulation
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 Union~~globally 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).

2023/06/02
Committee: IMCO

2023/0081(COD)

Proposal for a regulation
Article 19 – paragraph 3

3. Contracting authorities and contracting entities shall give the tender’s sustainability and resilience contribution ~~a weight between 15% and~~respectively 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).

2023/06/02
Committee: IMCO

2023/0081(COD)

Proposal for a regulation
Article 19 – paragraph 4

4. The contracting authority or the contracting entity shall not be obliged to ~~apply~~base 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.

2023/06/02
Committee: IMCO

2023/0081(COD)

Proposal for a regulation
Article 22 – paragraph 1

1. ~~Where relevant, t~~The 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.

2023/06/02
Committee: IMCO

2023/0081(COD)

Proposal for a regulation
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.

2023/06/02
Committee: IMCO

2023/0080(BUD)