2407 Amendments of Vlad-Marius BOTOŞ
Amendment 1 #
2023/2121(INI)
Motion for a resolution
Citation 2 a (new)
Citation 2 a (new)
– having regard to its resolution of 23 November 2023 on harnessing talent in Europe’s regions [insert footnote OJ C 188, 30.5.2023, p. 1],
Amendment 2 #
2023/2121(INI)
Motion for a resolution
Citation 3 a (new)
Citation 3 a (new)
– having regard to the proposal for a regulation of the European Parliament and of the Council of 29 May 2018 on a mechanism to resolve legal and administrative obstacles in a cross-border context (COM(2018)0373),
Amendment 3 #
2023/2121(INI)
Motion for a resolution
Citation 4 a (new)
Citation 4 a (new)
– having regard to the updated proposal for a regulation of the European Parliament and of the Council of XX December 2023 on a mechanism to resolve legal and administrative obstacles in a cross-border context (COM(2023)XXXX) [exact title to be specified after publication],
Amendment 12 #
2023/2121(INI)
Motion for a resolution
Citation 18
Citation 18
– having regard to the opinion of the Committee of the Regions on the future of cohesion policy post-2027 of XXX29 November 2023 ,
Amendment 18 #
2023/2121(INI)
Motion for a resolution
Recital A
Recital A
A. whereas the outcomes of the 2014- 2020 programming period prove the indispensable role of cohesion policy as the onlymain regional development instrument that is geared to local needs; whereas because of cohesion policy’s positive local impact, no other EU investment policy could replace it;
Amendment 93 #
2023/2121(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Insists that due to its regional focus, strategic planning and effective implementation model , cohesion policy should remain the EU’s main investment instrument for reducing disparities and stimulating regional growth and continue to be a key contributor to supporting recovery from symmetric and asymmetric shocks; calls for a clear demarcation between cohesion policy and other instruments in order to avoid overlaps and competition between EU instruments; believes that there must be an increase in the overall cohesion budget and in the MFF’s share of the policy compared to the 2021-2027 programming period;
Amendment 110 #
2023/2121(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Underscores that the cohesion policy budget should not be used for new non-cohesion policy instruments and programmes, either within or outside the MFF; stresses that flexibility in the repurposing of cohesion funding should be a bottom-up driven process, initiated either by a Member State or by its regional or local level; underlines the main purpose of the EU's cohesion policy to reduce disparities among Member States and especially between regions in the Member States; acknowledges that cohesion policy has succeeded in reducing disparities among Member States, while in some Member States the disparities between regions have increased;
Amendment 124 #
2023/2121(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. Recalls the “do no harm to cohesion” principle, introduced by the 8th Cohesion Report and meaning no action should hamper the convergence process or contribute to regional disparities; calls for a stronger integration of this principle as cross-cutting principle in EU policies;
Amendment 133 #
2023/2121(INI)
Motion for a resolution
Paragraph 3 c (new)
Paragraph 3 c (new)
3 c. Stresses that GDP as the sole indicator of development fails to take into account all aspects of development; recalls that in addition to economic issues, health, education, sustainability, equity and social inclusion are integral parts of the EU development model; calls for GDP to be complemented with new criteria (e.g. social, environmental, demographic);
Amendment 136 #
2023/2121(INI)
Motion for a resolution
Paragraph 3 d (new)
Paragraph 3 d (new)
3 d. Underlines the multi-dimensional nature of rural development, which goes beyond agriculture per se; insists on the need to implement a rural proofing mechanism to assess the impact of EU legislative initiatives on rural areas; notes, however, that only 11,5 % of people living in rural areas work in agriculture, forestry and fisheries; calls, therefore, for the reintegration of the EAFRD under the strategic framework of the CPR as a separate fund; emphasises that being part of the cohesion policy funds strengthens the possibilities and synergies – via an integrated, multi-fund approach – for investments in rural areas beyond agriculture and for regional development;
Amendment 155 #
2023/2121(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Calls for disaster prevention and preparedness investments to be guaranteed either through a dedicated policy objective, thematic concentration or a specific enabling condition to ensure investments in regional and local infrastructure and risk management in less developed urban and rural areas, including border regions; believes that targeted financing should focus on climate change adaptation and mitigation by tackling the side effects of climate change locally (slow onset events as well as extreme weather events), including wildfires, floods, landslides, heatwaves, coastal erosion and other events;
Amendment 175 #
2023/2121(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Calls for cohesion policy to include a stronger urban dimension through designated investments in urban areas as well as stronger links between urban and rural projects and investments; calls for the proportion of national ERDF allocations for urban development to be increased from 8 % to 12maintained at least at 8 %; calls for this funding to be co- programmed with local authorities and for their benefitnd regional authorities ; underlines in this context that administrative capacity is essential for ensuring that managing bodies and local authorities acquire technical knowledge on climate change which they can use for urban planning and urban management; is convinced that this will lead to better design and evaluation of project proposals, more effective allocation of resources and satisfactory budgetary implementation without significant risk of decommitments; acknowledges that integrated territorial investments have a fundamental role in quality implementation and absorption of resources;
Amendment 186 #
2023/2121(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Calls for the reductiona review of thematic concentration requirements in order to allow for more flexibility to cater for regional and local needs, following the principle of place- based policy in the EU’s territorial investments; underscores that thematic concentrations should be adapted to the way regions and cities operate in practical terms, from programming and reprogramming to implementation and closur remains a corner stone to achieve the transition towards a more competitive and smarter Europe, as well as a net zero carbon economy and resilient Europe; is certain that the key principle should be a tailor-made investment approach geared to specific needs on the ground;
Amendment 194 #
2023/2121(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Calls for initial allocations and co- financing rates to be assessed on the basis of NUTS 3 (nomenclature of territorial units for statistics) in order for funding to be directed to where it is most needed and to avoid pockets of underdevelopment from arising ; underlines that such a shift should take into account possible negative effects on EU financing for larger urban areas; stresses that this is necessary in order not to stall the development trajectory of metropolitan areas that were previously supported more intensively by cohesion policye importance, as highlighted in the 8th EU Cohesion Report, to support regions in a development trap, characterised by long periods of slow or negative growth, with low productivity growth and low levels of job creation;
Amendment 202 #
2023/2121(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Considers that for the allocation of funds for local projects in urban as well as in rural areas, the focus shcould be on a smaller number of higher budget, common benefit projects, instead of scattering the limited resources across a high number of low budget projects; callsgiving SMEs to the possible extent the opportunity to participate in the projects calls on the Commission for guidance and planning support to avoid decommitments and repurposing;
Amendment 212 #
2023/2121(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Calls for the creation of local cohesion boards in the managing authorities and monitoring committees, which should have decision-making powers, including on co-programming and co-reprogramming with local authoritiespossibility to create regional and local cohesion boards with decision-making powers in those Member States where managing authorities and monitoring committees exist and operate only at the national level; reiterates that these boards should include representatives of urban and rural administrations, including mayors order to respect multi-level governance;
Amendment 216 #
2023/2121(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Is convinced that promoting an increased sense of local ownership in the long term, the durability of EU projects and higher co-financing leverage can be achieved through more fiscal decentralisation towards munithe involvement of regional and local authorities in preparation and implementation of projects and by improving the financipal resources of these authorities ; acknowledges that such a path improves municipalthe borrowing capacity of regions and municipalities linked to financial instruments provided by the EU budget; underlines that regional and local budgets need more fiscal space to compensate for inflation shocks and crises;
Amendment 221 #
2023/2121(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. CStresses that differences exist between Member States when it comes to the competences of authorities; calls for paths for the decentralisation of cohesion policy management to be explored in Member States where managing authorities only exist and operate on national level in order to bring management closer to the regional and local level; stresses that preparatory work should ensure thadequate adequatministrative capacity and institutional backing is availablemust be the condition for this in order to ensure effectiveness, to reduce the number of irregularities as well as nond to avoid additional administrative burden for contractors and for final beneficiaries;
Amendment 239 #
2023/2121(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Insists on a critical review of Commission’s ad hoc initiatives and the thorough screening of new initiatives regarding quality and quantity; demands that this process is managed jointly and in partnership, with guaranteed representation of the local level, both of cities and rural areas; calls for limiting the number of Commission ad hoc initiatives, some of which prove to be of less use to the local level and might undermine the effectiveness overall cohesion appropriations planned in advance by scattering them; insists that every new Commission initiative must be accompanied by a corresponding budgetary top-up;
Amendment 250 #
2023/2121(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Calls for the creation of a mechanism for the early detection of red tape and actions in breach of or not effectively applying the multi-level governance principle; calls for the inclusion of the partnership principle in the European Semester; is convinced that the Commission and the ECA should have the right to follow-up, perform checks and make corrective highlights that simplification should be one of the key drivers of the future commendationshesion policy;
Amendment 258 #
2023/2121(INI)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17 a. Calls for the inclusion of the partnership principle in the European Semester; is convinced that the Commission and the ECA should have the right to follow-up, perform checks and make corrective recommendations;
Amendment 259 #
2023/2121(INI)
Motion for a resolution
Paragraph 17 b (new)
Paragraph 17 b (new)
17 b. Stresses that the future cohesion policy must continue to pay attention to the progress made in achieving economic, social and territorial cohesion in regions which suffer from severe and permanent natural and demographic handicaps, such as the outermost regions, sparsely populated areas, islands, mountainous areas and cross-border regions;
Amendment 260 #
2023/2121(INI)
Motion for a resolution
Paragraph 17 c (new)
Paragraph 17 c (new)
17 c. Underlines the importance of Article 349 TFEU in all Union policies with the aim to achieve the objectives set out therein; recalls the vital role played by cohesion policy in the outermost regions; underlines the importance of designing tailor-made programmes and measures for these regions and stresses the need to maintain the measures specifically designed for them, as the majority of the outermost regions are still among the less developed regions; reaffirms, in this context, the importance of dynamic regional cooperation in order to unleash the potential of the outermost regions;
Amendment 261 #
2023/2121(INI)
Motion for a resolution
Paragraph 17 d (new)
Paragraph 17 d (new)
17 d. Draws attention to the difficult situation of regions sharing a border with Russia and Belarus after the suspension of cooperation following the Russian war of aggression against Ukraine; calls on the Commission to closely work with the affected Members States to find sustainable solutions in order to address the social and economic challenges in those regions;
Amendment 262 #
2023/2121(INI)
Motion for a resolution
Paragraph 17 e (new)
Paragraph 17 e (new)
17 e. Recognises the importance to give special attention to the regions affected by the industrial transition; in this sense, welcomes the efforts by the Commission to address this issue with the Just Transition Fund, the first pillar of the Just Transition Mechanism in the context of the European Green Deal aiming at achieving the EU climate-neutrality by 2050;
Amendment 263 #
2023/2121(INI)
Motion for a resolution
Paragraph 17 f (new)
Paragraph 17 f (new)
17 f. Underlines the importance of good governance at all levels in the management of cohesion policy; reminds that public money coming from taxpayers must not be misused; asks the Commission and the Member States to use and enhance existing mechanisms to detect and fight fraud and corruption;
Amendment 264 #
2023/2121(INI)
Motion for a resolution
Paragraph 17 g (new)
Paragraph 17 g (new)
17 g. Invites the Commission and the Member States to do the outmost to ensure that all regions in the EU have access to high-speed broadband so that all regions are placed on an even footing to achieve the digital transition;
Amendment 265 #
2023/2121(INI)
Motion for a resolution
Paragraph 17 h (new)
Paragraph 17 h (new)
17 h. Stresses the need to encourage the involvement of the private sector for investments in sustainable development; underlines in this regards the role SMEs can play for innovations; calls on the Member States and the Commission to propose measures to enhance the uptake of ready-for-market innovations by SMEs;
Amendment 11 #
2023/2076(INI)
Motion for a resolution
Recital C
Recital C
C. whereas cross-border cooperation contributes to sustainable development along the EU’s external borders and, addresses common challenges and helps to promote mutual understanding and trust;
Amendment 13 #
2023/2076(INI)
Motion for a resolution
Recital C a (new)
Recital C a (new)
Ca. whereas cross-border cooperation is an essential step in the EU pre- accession process of candidate countries;
Amendment 21 #
2023/2076(INI)
Motion for a resolution
Recital F
Recital F
F. whereas the fragile political, economic and security situation in North Africa and the migration crisis highlight the need for cooperation in the Mediterranean basin;
Amendment 23 #
2023/2076(INI)
Motion for a resolution
Recital F a (new)
Recital F a (new)
Fa. G. whereas cross-border cooperation promotes cultural, educational, and economic exchange between border regions, contributing to an improved quality of life and increased opportunities for residents in these areas;
Amendment 24 #
2023/2076(INI)
Motion for a resolution
Recital F b (new)
Recital F b (new)
Fb. H. whereas the European Neighbourhood Policy (ENP) and cross- border cooperation initiatives have played a crucial role in supporting democratic reforms and economic development in neighbouring countries, thereby strengthening European values in these regions;
Amendment 25 #
2023/2076(INI)
Motion for a resolution
Recital F c (new)
Recital F c (new)
Fc. I. whereas in the context of climate change and natural resource management, cross-border cooperation plays a crucial role in the sustainable management of the environment and ecosystems in border areas;
Amendment 26 #
2023/2076(INI)
Motion for a resolution
Recital F d (new)
Recital F d (new)
Fd. J. whereas border regions are often sensitive to conflicts and tensions, cross-border cooperation and regional diplomacy have a positive impact on preventing and resolving disputes and potential crises.
Amendment 27 #
2023/2076(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Welcomes the alignment of Interreg NEXT programmes with Interreg programmes as this has the potential to simplify procedures, enhance synergies between programmes and increase the effectiveness of European investments; highlights, however, the need for more simplified procedures in both the evaluation phase and in the implementation of the projects with a higher focus on the quantifiable results and the overall impact on the development of the regions and citizens life;
Amendment 29 #
2023/2076(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Stresses that the future accession of countries to the EU should aim at strengthening and expanding cross- border cooperation, underlines that the new Member States at the time of accession should already be prepared to actively participate in EU cross-border cooperation programs and projects;
Amendment 30 #
2023/2076(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Stresses the importance of financial strengthening of the European Union; welcomes the greater accountability of third countries for recoveries from private sector beneficiaries; emphasises the importance of the rule of law and a level playing field for all the beneficiaries, whether public or private, and underlines the need to encourage the involvement of private investors in the sustainable development of the border regions and third countries, by making more funds available for the private sector;
Amendment 33 #
2023/2076(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Welcomes the possibility for managing authorities to transmit data electronically to the Commission, but at the same time points out that more frequent data transmission can increase bureaucratisation; stresses therefore the importance of the interoperable systems that could automatically send data into a common database and encourages the Commission to further develop the cooperation with third countries in this sector;
Amendment 36 #
2023/2076(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Stresses the need for common agreements with third countries on the green and digital transformation of the economy of the European Unions and underlines the need of common projects in the digital infrastructure;
Amendment 39 #
2023/2076(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Welcomes the removal of the limit on EU funding for large infrastructure projects and believes that infrastructure development contributes to socio-economic growth in cross-border regions; underlines, at the same time, the necessity of involving the private sector which could lead to more innovation and development of infrastructures related to the energy sector, transport, communication and digitalisation;
Amendment 43 #
2023/2076(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Welcomes the suspension of cross- border cooperation with Russia and Belarus as a consequence of Russia’s military aggression against Ukraine, as well as the re-routing of funds to Ukraine and the Republic of Moldova;
Amendment 44 #
2023/2076(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Draws attention to the difficult situation of regions sharing a border with Russia and Belarus after the suspension of cross-border cooperation programmes and encourages the Commission to closely work with the affected Member States for finding sustainable solutions to address the social and economic challenges in these regions;
Amendment 46 #
2023/2076(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Calls for funding from cross-border programmes to be used to develop transport infrastructure, including railway connections with Ukraine and Republic of Moldova, in order to streamline the flow of goods and grain so as to ensure food securitya sustainable economy for both countries;
Amendment 50 #
2023/2076(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Underlines that, although it is not in an open war with Russia, the Republic of Moldova too is having conflict zones supported by Russia, and due to the courageous stand of the neighbouring republic and the welcoming of a big number of Ukrainian refugees, the economic and social situation of Moldova was deeply affected putting a stop to their commercial relations with the big neighbour, therefore solid investments and an opened market is highly needed and common projects are more that welcome in the area in all economic and social fields;
Amendment 51 #
2023/2076(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Recognises the importance of promoting local culture and of heritage conservation; calls, however, for munderlines the importance of an inclusive education in the democratic values calls, therefore fore infrastructure projects that contribute to the connectivity of the regions to be encouraged along with projects addressing both the need for infrastructure and increased quality in the field of education;
Amendment 61 #
2023/2076(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Deplores the increase of the influence of Russia in the neighbouring countries especially by using manipulation and disinformation both on classic media and on-line social media, and underlines the importance of enhancing the cooperation with those countries, especially in education and cultural sectors in order to keep the citizens informed and educated in the democratic values;
Amendment 64 #
2023/2076(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Deplores the use of energy sources as a means of exerting political and economic pressure; calls for more funding to bolster energy efficiency and reduce dependence on Russiswift inquiries regarding the increased economic cooperation in the energy sector of some member states with Russia along with more funding to bolster energy efficiency and reduce dependence on Russia in the countries that drastically decreased the cooperation with the aggressor and were indeed affected by the sanctions, including the third countries like Republic of Moldova;
Amendment 71 #
2023/2076(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Highlights the potential of Black Sea energy sources, which are capable of contributing to a sustainable energy future in the European Union; stresses that, despite their potential, renewable energy resources remain largely untapped;
Amendment 73 #
2023/2076(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Emphasizes the importance of sustainable tourism development in Black Sea coastal regions and advocates for a responsible approach to environmental protection;
Amendment 74 #
2023/2076(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Calls for Black Seaa real focus on the Black Sea encouraging projects for the upgrade of the ports and related infrastructure to be upgraded, expanded an, and for increased connectedions to existing transport hubs, and in particular for their connections to TEN-T corridors;
Amendment 77 #
2023/2076(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16a. Recommends enhancing regional cooperation within the Black Sea basin to address security issues, including those related to regional conflicts and energy security;
Amendment 78 #
2023/2076(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. WUnderlines the importance of strong economic and social partnerships with the third countries from the Mediterranean basin, welcomes the fact that the number of countries participating in 2021-2027 Interreg Euro-MED programmes is expected tohas increased;
Amendment 81 #
2023/2076(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Proposes a more coordinated and efficient use of existing funds in order to increase the competitiveness of the Mediterranean basin, while respecting environmto promote and protect the maritime ecosystem, while fostering the potential rulesof renewable energy;
Amendment 86 #
2023/2076(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Considers that cross-border programmes must play an active role in decreasing and better managing migration flows and, in funding projects aiming to receive, care for and train the immigrants for a competitive economic environment, for understanding and adopting European values while fostering inclusiveness on both sides of the Mediterranean;
Amendment 88 #
2023/2076(INI)
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
19a. Encourages the establishment of a Mediterranean-wide cooperation framework to address common security challenges, including issues related to illegal immigration, human trafficking, maritime security, and regional stability;
Amendment 89 #
2023/2076(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Recognises the crucial role of research and innovation in natural disaster risk prevention, sustainable water management and CO2 reduction and underlines the need to prioritise the projects that have both economic and environmental quantifiable objectives;
Amendment 90 #
2023/2076(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. SHighlights the potential of Mediterranean regions for the development of onshore and offshore renewable energy sources; stresses that, despite their potential, renewable energy resources remain largely untapped;
Amendment 96 #
2023/2076(INI)
Motion for a resolution
Subheading 6 a (new)
Subheading 6 a (new)
Cooperation within the PEACE PLUS programme 21a. Welcomes the UK Government’s continued commitment to the PEACE programme, which plays a key role for cooperation between the border regions of Ireland and Northern Ireland; 21b. Underlines the vital role of the PEACE PLUS programme maintaining good neighbourly relations in the regions and ensuring its socio-economic development;
Amendment 99 #
2023/2076(INI)
Motion for a resolution
Paragraph 22 a (new)
Paragraph 22 a (new)
22a. Recommends the development of a common legal framework among participating countries to facilitate the harmonization of legislation and regulations in relevant areas for cross- border cooperation, thus reducing obstacles related to different regulations;
Amendment 100 #
2023/2076(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Notes that language barriers increase theas well as the cultural differences increase the hardship of communication and may lead to administrative burden;
Amendment 103 #
2023/2076(INI)
Motion for a resolution
Paragraph 23 a (new)
Paragraph 23 a (new)
23a. Underlines the importance of establishing a short and medium-term intercultural exchange system, promoting the learning of common languages, a deeper understanding of regional cultures, and facilitating collaboration among cross-border communities. This system should also include entrepreneurial and administrative aspects to stimulate economic and administrative development;
Amendment 107 #
2023/2076(INI)
Motion for a resolution
Paragraph 24 a (new)
Paragraph 24 a (new)
24a. Stresses the necessity of the development of long-term exchange and entrepreneurial collaboration programs between institutions and businesses in cross-border regions to promote sustainable economic development and to enhance administrative coordination among participating states;
Amendment 112 #
2023/2076(INI)
Motion for a resolution
Paragraph 27
Paragraph 27
27. Stresses that cross-border cooperation with neighbouring countries underscores the need torequires investment in the resilience of states and societies;
Amendment 115 #
2023/2076(INI)
Motion for a resolution
Paragraph 28
Paragraph 28
28. Considers that this may contributes significantly to strengthening local democracy and the administrative capacities of partner countries;
Amendment 124 #
2023/2076(INI)
Motion for a resolution
Paragraph 30
Paragraph 30
30. Notes that CBC may contributes further to reducing regional disparities and promoting territorial cohesion, as well as to mobility and connectivity;
Amendment 126 #
2023/2076(INI)
Motion for a resolution
Paragraph 30 a (new)
Paragraph 30 a (new)
30a. Recommends strengthening cross- border cooperation by promoting the exchange of best practices and experience in managing shared resources, ecosystems and sustainable development in border regions;
Amendment 142 #
2023/2076(INI)
Motion for a resolution
Paragraph 32
Paragraph 32
32. Recommends greater complementarity between projects and stresses the need for synergyies with other policieEU funding tools which overlap geographically and thematically, in order to avoid any double funding;
Amendment 152 #
2023/2076(INI)
Motion for a resolution
Paragraph 34
Paragraph 34
34. Calls on the Commission to reduce bureaucratic burden and to simplify procedures considerably and stresses that these should be flexible enough to meet the real needs of cross- border areas;
Amendment 162 #
2023/2076(INI)
Motion for a resolution
Paragraph 35
Paragraph 35
35. Stresses that the regional and local authorities as well as the private sector should be involved in the implementation of projects; calls also for guidelines to be drawn up in this regard;
Amendment 166 #
2023/2076(INI)
Motion for a resolution
Paragraph 36
Paragraph 36
36. Calls on the Commission to further cooperate with partner states to promote the cross-border cooperation offering, where necessary, the know-how in order to help improve the capacity of partner state authorities and private sector to access European funding;
Amendment 170 #
2023/2076(INI)
Motion for a resolution
Paragraph 36 a (new)
Paragraph 36 a (new)
36a. Emphasizes the importance of identifying and avoiding project overlaps and unnecessary expenditures between different European programs and initiatives;
Amendment 171 #
2023/2076(INI)
Motion for a resolution
Paragraph 36 b (new)
Paragraph 36 b (new)
36b. Recommends conducting periodic impact assessments of cross-border cooperation projects to ensure the efficient use of European financial resources;
Amendment 9 #
2023/2061(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
Ba. whereas Cohesion Policy of the 2014-2020 period already paved the way for the transitions of coal regions by incorporating a multitude of transition- relevant specific objectives into their programmes and eventually also investing considerable funds into the respective fields, and other transition also require the same level of support to reduce the negative economic impact of the deep transition process they are undergoing;
Amendment 11 #
2023/2061(INI)
Motion for a resolution
Recital B b (new)
Recital B b (new)
Bb. whereas the Just Transition Fund has been specifically designed to ensure that no one is left behind as the EU advances towards climate neutrality; whereas this includes providing targeted support to the regions most affected by this transition in order to avoid an increase in regional inequalities across the Union;
Amendment 21 #
2023/2061(INI)
Motion for a resolution
Recital D a (new)
Recital D a (new)
Da. whereas the STEP proposal has put the focus on the EU's strategic priority of reindustrializing the EU and achieving its Strategic Autonomy by creating a new Policy Objective within ESI Funds and allowing for a 100% co financing of STEP projects in less developed and transitioning regions and in any category of region of the Member States with a GDP per capita below the EU average;
Amendment 26 #
2023/2061(INI)
Motion for a resolution
Recital E a (new)
Recital E a (new)
Ea. whereas Europe’s automotive sector remains a powerhouse for industrial employment. It accounts for more than 6% of European employment overall and 8.5% of European manufacturing jobs, which, in certain regions, amounts to up to 25% of the regional GDP; whereas this sector is composed of an estimated 3000 companies, of which 2500 are SMEs, are independent suppliers to car manufacturers and face additional hurdles in the green and digital transformation;
Amendment 35 #
2023/2061(INI)
Motion for a resolution
Recital F a (new)
Recital F a (new)
Fa. whereas passenger cars and vans alone represent 15% of the total GHG emissions in Europe and transport is the only sector where the level of GHGs has not decreased compared to 1990 levels;
Amendment 36 #
2023/2061(INI)
Motion for a resolution
Recital G
Recital G
G. whereas the implementation of the proposed rRegulation on the deployment of alternative fuels infrastructure15 should ensure the viability of the transition towards decarbonised transport systems; whereas there are considerable national and regional disparities in terms of preparedness for the transition towards decarbonized transport; whereas the number of passenger cars older than 20 years ranges from over 40% in Poland to less than 5% in Luxembourg and the quota of new electric vehicle registrations ranges from 46% in Sweden to 1% in Poland, while the same applies to the number of electric vehicle charging stations with the Netherlands having almost 1,600 times more charging points than Cyprus; _________________ 15 Proposal for a Regulation on the deployment of alternative fuels infrastructure, and repealing Directive 2014/94/EU of the European Parliament and of the Council (COM(2021)559).
Amendment 38 #
2023/2061(INI)
Motion for a resolution
Recital G a (new)
Recital G a (new)
Ga. whereas EU policies must not be territorially blind in order to avoid the aggravation of the geography of discontent phenomenon and to create acceptance of the main common goals on decarbonisation of the economy by the industry, the local authorities and the affected people; whereas it is fundamental to adapt the policies to the state of the post-industrial regions to make them territorially attractive again, especially considering the tendency of heavily affected regions to suffer from depopulation, brain drain and economic stagnation; whereas effective strategies to implement this include improving quality of life, investing in education, healthcare, infrastructure, and local entrepreneurship as well as facilitating access to affordable housing and creating incentives for young professionals and families to remain in or move to these areas;
Amendment 40 #
2023/2061(INI)
Motion for a resolution
Recital G b (new)
Recital G b (new)
Gb. whereas the automotive sector is the most integrated ecosystem in intra-EU value chains whereby over 45% of its production depends upon cross-border value chains. This intra-EU value chain brings together vehicle manufacturing, automotive suppliers, manufacturers of motor batteries, electrical equipment, tyres, suppliers of raw materials and car use services;
Amendment 46 #
2023/2061(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Recalls the specific situation of the Outermost Regions in the transition towards a Union that is greener, more digitalized and less dependant on combustion engine transport, due to their remoteness from the continental network;
Amendment 47 #
2023/2061(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Acknowledges that the green and digital transitions present significant challenges to the objective of economic, social, and territorial cohesion, which is enshrined in the treaties; is aware of the risk of widening regional disparities and a rising ‘geography of discontent’, as the necessary adjustments required by and the potential benefits of the twin transition vary greatly from one European region to another and will heighten regional disparities in the years ahead; considers that Cohesion Policy must overcome the economic forces that favour a growing agglomeration of high-value economic activities in urban and industrial centres if the Union wants to maintain its goal of economic, social and territorial cohesion as enshrined in the Treaty;
Amendment 49 #
2023/2061(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Underlines that the plans to reduce GHG emissions by at least 55% by 2030 and the achievement of full climate neutrality by 2050 will have considerable impacts on the economic, social and territorial cohesion of the EU;
Amendment 51 #
2023/2061(INI)
Motion for a resolution
Paragraph 2 b (new)
Paragraph 2 b (new)
2b. Underlines the importance of paying additional attention to the territories with geographical specificities, such as rural regions, the islands, the outermost regions, mountainous regions and less densely populated regions, especially those which are isolated and highly dependent on fossil fuel or specific industries that are phasing out;
Amendment 56 #
2023/2061(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Strongly recommends the inclusion of a newpermanent policy objective on industrial transition within the EU cohesion policy beyond 2027; stresses that this objective should promote European strategic autonomy and address the adverse effects of the green and digital transitions, particularly focusing on mitigating the negative repercussions on employment through support and diversification of local and regional economies;
Amendment 73 #
2023/2061(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Reaffirms the need for a new "Just Transition Fund 2.0" to be established within the upcoming programing period beyond 2027 on a NUTS 3 level and fully integrated in the Common Provisions Regulation, based on the principles of partnership, multilevel governance and the place based approach oriented at supporting regions highly dependant on sectors which are undergoing a deep transformation such as the automotive sector;
Amendment 74 #
2023/2061(INI)
Motion for a resolution
Paragraph 5 b (new)
Paragraph 5 b (new)
5b. Understands that in order to determine whether a region should be considered to be highly dependent on the automotive industry, the following indicators should be taken into account; the contribution of the automotive industry to their regional GDP; the contribution of automotive products to regional exports; the contribution of the automotive industry to regional employment and the contribution of the automotive industry to R&D total investments in the region;
Amendment 76 #
2023/2061(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Calls on the Commission to expand the ‘financing not linked to costs’ approach in order to reduce reporting exercises, strengthen the focus on outcomes and impacts rather on expenditure and achieve a more efficient implementation and use of the funds; Considers that the “simplified cost option” has proved to be a very positive measure and calls on the Commission and Managing authorities to expand its application to industrial, green and digital projects;
Amendment 80 #
2023/2061(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Stresses the need to ensure the fair treatment of small and medium-sized enterprises (SMEs) in the distribution of the ESIF by drastically simplifying the administrative steps required to access these funds, by adapting the requirements to the size of the company and by making progress towards full implementation of the ‘only once principle’, which means that citizens and businesses are only required to provide certain standard information to the authorities once; furthermore, acknowledges the fundamental role of SMEs in the industrial transition, and, considers as such, there should be robust mechanisms in place to ensure their active participation in projects, and to guarantee they secure adequate financing through mechanisms such as consortiums or alternative instruments;
Amendment 93 #
2023/2061(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Believes that public-private partnerships are a suitable way to support the development of these critical skills and of improving job prospects the adaptability of labour markets as well as their performance in terms of productivity and efficiency thus being key factors for any successful to any transition;
Amendment 96 #
2023/2061(INI)
Motion for a resolution
Paragraph 8 b (new)
Paragraph 8 b (new)
8b. Recalls that less developed regions are likely to face a disproportionate burden during the green transition, especially concerning the transport sector's shift to decarbonized solutions;
Amendment 97 #
2023/2061(INI)
Motion for a resolution
Paragraph 8 c (new)
Paragraph 8 c (new)
8c. Notes that manufacturing sectors exposed to global competition, and the regions specialised therein, may face challenges during the green transition, particularly if international competitors benefit from lower energy prices and utilise fewer renewable energy sources; stresses that the costs of renewable energy will also play a significant role in these dynamics;
Amendment 120 #
2023/2061(INI)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. Recalls that any strategic decision taken by Original Equipment Manufacturers (OEMs) to shift toward electric mobility, and other technical developments such as autonomous driving, digitalisation and additional safety functions in cars, will inevitably have a trickle down effect and an impact on lower tiers in the local and regional value chain;
Amendment 123 #
2023/2061(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Suggests considering the option of implementing the transition plans using a results-based approach, comprising a group of projects to be carried out by a beneficiary to contribute to the objectives of the plans; considers that in order to simplify and reinforce the result-based orientation, the management could be exclusively based on jointly agreed milestones, outputs and results previously agreed upon between the European Commission and the Managing Authorities; takes the view that control and audit of a transition plan should also be limited to whether it achieves its milestones and targets;
Amendment 137 #
2023/2061(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Asks the European Commission to enlarge the “exchangeEU” and “TARGET” programmes to the automotive regions in transition, in order to promote the exchange of experiences and results between declining sector regions, such as coal or pet and the regions with transforming sectors such as automotive and suppliers; is convinced that the experience with the implemention of the transitions plans with Structural Funds could help automotive and supplier regions to achieve a smooth transition towards neutral-climate activity;
Amendment 57 #
2023/2053(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Regrets the fact that the Commission’s current interpretation of the European Accessibility Act could force e-books with limited readers to be removed from the market or even never be published as an e-book; calls on the Member States and the Commission to ensure that the accessibility requirements does not result in a diminished offer of e- books;
Amendment 59 #
2023/2053(INI)
Motion for a resolution
Paragraph 3 b (new)
Paragraph 3 b (new)
3b. Stresses that accessibility requirements will create additional costs for publishers; regrets that these additional costs can constitute a disproportionate burden, especially for small or micro publishers, operating within smaller language areas; calls on the Member States to support publishers with the necessary resources to ensure the broadest accessibility of e-books possible;
Amendment 61 #
2023/2053(INI)
Motion for a resolution
Paragraph 3 c (new)
Paragraph 3 c (new)
3c. Emphasises the need for publishers to be able to derogate from the European Accessibility Act to ensure the broadest possible market for e-books for the benefit of all EU citizens; underlines that the European Accessibility Act foresees a number of derogations intended to apply to publishers; notes that these include disproportionate burdens, including making the whole back catalogue accessible, and derogations for micro-enterprises;
Amendment 3 #
2023/2002(INI)
Motion for a resolution
Recital A
Recital A
A. whereas Erasmus+ (‘the programme’) is an EU flagship programme supporting education, training, youth and sport in the European Union and beyond;
Amendment 45 #
2023/2002(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Applauds the NAs that havcknowledges the challenges the NAs faced while drawning up national plans for inclusion and diversity, taking into account the barriers for inclusion and diversity;
Amendment 50 #
2023/2002(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. AppreciaNotes the steps being taken to increase the amount of green travel and the higher rates being paid for more environmentally friendly ways of travelling and encourages more effort to be made to achieve this goal;
Amendment 52 #
2023/2002(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Acknowledges the warm welcome of the European Universities initiative by higher education institutions and its centrality in facilitating efforts to remove obstacles to international cooperation in higher education; highlights that mobility projects, the creation of common curricula and research cooperation between universities in Europe, especially in the fields of science and innovation, are instrumental regarding the needs in strategic areas such as industrial innovation, digitalisation or clean energy solutions;
Amendment 65 #
2023/2002(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Notes that DiscoverEU, which was initiated by Parliament, has become a well- established, popular and easy-to-access informal learning activity; welcomes the newly introduced Discover EU learning component and asks the Commission to provide more thorough analysis about its outcomes;
Amendment 71 #
2023/2002(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Appreciates the swift reaction and enhanced flexibility of the programme to support Ukrainian students, teachers and educator, educators, and educational institutions;
Amendment 79 #
2023/2002(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Points out that insufficient grants to cover the costs of mobility and delays in payments are the biggest deterrents to participants in mobility projects; asks the Commission to consider introducing upfront payments for beneficiaries with fewer opportunities and to provide beneficiaries with information on payments schedule;
Amendment 89 #
2023/2002(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Regrets the fact that complicated processes considerably hinder the participation of small-scale organisations in the school and youth sectors; is worried about the increasing need of full time paid staff in order to present a successful project and consultancies or profit organisations taking advantages of the situation at the expense of smaller and grassroots organisations;
Amendment 96 #
2023/2002(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Is concerned by the fact that almost a third of students in higher education mobility reported that they did not receive full credit recognition, which is far from the objectives laid down in the Erasmus Charter for Higher Education, hindering the creation of a genuine European Education Area by 2025;
Amendment 104 #
2023/2002(INI)
Motion for a resolution
Paragraph 27
Paragraph 27
27. Notes that the Erasmus+ sport sector has very limited funds in some areas, thus limiting its scope; calls for a better representation of sport associations in the awarded projects, as non-sport organisations such as NGOs and consultancies are often overrepresented as the beneficiaries;
Amendment 118 #
2023/2002(INI)
Motion for a resolution
Paragraph 31
Paragraph 31
31. Points out the need to take the impact of AI seriously, since it has already facilitated fraudulent actors, but could also ease the workload of NAs and improve data collection; calls on the Commission to take better account of frauds perpetrated, such as letterbox companies, and make more transparent the actions taken to counter those abuses:
Amendment 135 #
2023/2002(INI)
Motion for a resolution
Paragraph 37
Paragraph 37
37. Calls on the Commission to foster the role of Erasmus+ in increasing civic engagement and a better understanding of and support for European values, and to turn the programme into a true promoter of European democracy; is worried about funding given to organisations that do not respect said values, even if their successful projects are in line with the programme’s objectives; points to the need for stricter rules and monitoring on this issue in the next programing period;
Amendment 144 #
2023/2002(INI)
Motion for a resolution
Paragraph 39
Paragraph 39
39. Calls for centralised and decentralised actions to be better linked and to enhance the use of flexible funding instruments such as micro-grants; notes the increasing interest in operational grants and asks the Commission to reinforce its support to strategic sectors such as for the development of practices of informal and unformal education that often rely on volunteers;
Amendment 154 #
2023/2002(INI)
Motion for a resolution
Paragraph 41 a (new)
Paragraph 41 a (new)
41a. Emphasizes that achieving this balance is necessary for the Alliances of European Universities, as a rapid growth in their number has been fostered, rather than stabilising and deepening the alliances already established; stress the need to build a future-oriented vision, to make these alliances the spearhead of European higher education and the acquisition of knowledge and skills by young Europeans;
Amendment 155 #
2023/2002(INI)
Motion for a resolution
Paragraph 41 b (new)
Paragraph 41 b (new)
41b. Welcomes the pilot projects launched by the Commission to create a joint European Degree label and institutionalised EU cooperation instruments such as a legal status for European universities alliances;
Amendment 156 #
2023/2002(INI)
Motion for a resolution
Paragraph 41 c (new)
Paragraph 41 c (new)
41c. Welcomes the newly established Centres of Vocational Excellence; stresses the importance of fostering mobility for vocational education and training (VET) students in order to reach young people from all backgrounds; is worried about the remaining obstacles to a seamless VET mobility, such as administrative procedures and fragmented policies at national and Union level; calls on Member States to make Centres of Vocational Excellence the driving force towards the development of joint European VET qualifications, curricula and diplomas; calls on the Commission to study the feasibility of a status of VET students in mobility; calls on Member States to foster regional cooperation strategies to elaborate cross-border programmes aiming at facilitating mobility of learners and workers and improving territorial and regional cooperation;
Amendment 159 #
2023/2002(INI)
Motion for a resolution
Paragraph 42
Paragraph 42
42. Calls for wider use of virtual and blended learning and the building of infrastructure for digitalised learning opportunities; underlines that virtual learning can be used as an inclusion tool and is a valuable complement to physical mobility, but do not provide the same quality of experience and benefits;
Amendment 164 #
2023/2002(INI)
Motion for a resolution
Paragraph 43
Paragraph 43
43. Asks for eTwinning to be integrated fully and seamlessly into Erasmus+ and to be better promoted among teachers and school staff;
Amendment 169 #
2023/2002(INI)
Motion for a resolution
Paragraph 43 a (new)
Paragraph 43 a (new)
43a. Underlines the need to allocate more funding to the opportunities offered to primary schools and pupils, as the demand highly exceeds the needs in most of the programme countries;
Amendment 170 #
2023/2002(INI)
Motion for a resolution
Paragraph 43 b (new)
Paragraph 43 b (new)
43b. Asks the Commission and the Member States to work on providing better support for teachers carrying out Erasmus+ projects, for example by allowing them to be substituted or by compensating for the time they spend on the project, as a vast majority of them does it on a voluntary basis and in their free time; welcomes the new opportunities provided by the Teachers Academies; ask the Commission and the Member States to promote and encourage the European mobility of teachers as well as the European dimension of their education;
Amendment 176 #
2023/2002(INI)
Motion for a resolution
Paragraph 45
Paragraph 45
45. Asks the Commission to assess options for a more integrated approach towards youth activities across EU programmes, learning from the experience of the European Year of Youth 2022;
Amendment 188 #
2023/2002(INI)
Motion for a resolution
Paragraph 49 a (new)
Paragraph 49 a (new)
49a. Insists on the Erasmus+ programme to be a key driver for establising the European Education Area and asks for more synergies with the European Solidarity Corps programme; urges the Commission and Member States to work on the mutual recognition of competences aquired during a period of European mobility or civic engagement, and to initiate initiatives such as the Open Method of Coordination on the subject;
Amendment 191 #
2023/2002(INI)
Motion for a resolution
Paragraph 50
Paragraph 50
50. Emphasises that issues with the IT infrastructure similar to those experienced in the current programme period are unacceptable, calls on the Commission to fix and stabilise the already existing IT- tools and not to change them at each new programming period, and expects the IT infrastructure of the next Erasmus+ generation to be fully operational from day one;
Amendment 41 #
2023/0404(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) In order to facilitate international recruitment and provide opportunities for third-country nationals to work in EU-wide shortage occupations, an EU Talent Pool should be established in the form of a Union-wide platform that brings together and supports the matching of profiles of registered jobseekers from third countries residing outside the Union, third-country nationals studying in the Union, and job vacancies of employers established in the participating Member States.
Amendment 50 #
2023/0404(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) The format of jobseekers' profiles and job vacancies should be established using the existing European classification of occupations, skills, competencies and qualifications (ESCO) as foreseen in Regulation (EU) 2016/5898 which provides for a standardised terminology for occupations, skills and competences and facilitates the transparency of skills and qualifications. The ESCO classification should support jobseekers from third countries, employers, and the EU Talent Pool National Contact Points in providing comparable information on work experiences, occupations covered by a vacancy, as well as the skills offered by the jobseekers and required by the employers, thereby enabling a high-quality matching process. Where applicable, the EU Talent Pool National Contact Points should use the ESCO format for the transfer of job vacancies to the EU Talent Pool IT platform. Member States not adopting the ESCO classification for national job vacancies, should produce mapping tables comparing the classification used in the national systems and the ESCO classification to allow interoperability. The mapping tables should be made available to the Commission and should be used for automatic transcoding of information on job vacancies or jobseekers’ profiles for the purpose of automated matching through the common IT platform. Vocational education, degrees, volunteering, certification of skills or specific certificates such as micro-credentials should also be taken into account in the matching process. Moreover, jobseekers from third countries, according to the different national laws, should demonstrate their minimal knowledge of at least one of the official languages of the Union. _________________ 8 Regulation (EU) 2016/589 of the European Parliament and of the Council of 13 April 2016 on a European network of employment services (EURES), workers' access to mobility services and the further integration of labour markets and amending Regulations (EU) No 492/2011 and (EU) No 1296/2013 (OJ L 107, 22.4.2016, p. 1, ELI: http://data.europa.eu/eli/reg/2016/589/oj).
Amendment 53 #
2023/0404(COD)
Proposal for a regulation
Recital 17
Recital 17
(17) Jobseekers from third countries wishing to register in the EU Talent Pool should create a profile using the Europass12a common profile builder functionality, enabling to create a free profile and report the relevant skills, qualifications, and other experiences in one secure online location. _________________ 12 Decision (EU) 2018/646 of the European Parliament and of the Council of 18 April 2018 on a common framework for the provision of better services for skills and qualifications (OJ L 112, 2.5.2018, p. 42, ELI: http://data.europa.eu/eli/dec/2018/646/oj).
Amendment 58 #
2023/0404(COD)
Proposal for a regulation
Recital 26
Recital 26
(26) Participating Member States should make information concerning the EU Talent Pool and its functioning easily accessible to jobseekers from third countries and employers, especially SMEs, in particular with regard to information on the competent authorities in the participating Member States. Such information should include the conditions and procedures for the participation in the EU Talent Pool.
Amendment 62 #
2023/0404(COD)
Proposal for a regulation
Recital 30
Recital 30
(30) Upon request from registered jobseekers from third countries and employers participating in the EU Talent Pool, the EU Talent Pool National Contact Points could provide additional support. Additional support should include tailored information on relevant visas and residence permits for work purposes in the participating Member State including with regard to third country nationals’ rights and obligations such as access to social benefits, health assistance, education, and housing. Specific guidance and information may also be provided on family reunification procedures and family members’ rights, and existing measures to facilitate integration in the host Member State such as language courses and vocational training. Such information should also include available redress mechanisms for cases of labour exploitation and unfair recruitment practices in the participating Member States, with the involvement of relevant professional organisations. The EU Talent Pool National Contact Points should provide information to employers participating in the EU Talent Pool on their rights and obligations relating to social security, active labour market measures, taxation, issues relating to work contracts, pension entitlements and health insurance.
Amendment 64 #
2023/0404(COD)
Proposal for a regulation
Recital 31
Recital 31
(31) To achieve the objective of this Regulation, the effective implementation of the EU legal migration acquis should be ensured. In addition, to make the recruitment of third country students residing in the Union and jobseekers from a third countriesy residing outside the Union easier and faster for employers, participating Member States may put in place accelerated immigration procedures in particular as regards the obtention of visas and residence permits for work purposes and the exemption from the principle of preference for Union citizens. The implementation of accelerated immigration procedures could be discussed in the context of the EU Talent Pool Steering Group, notably in view of supporting the exchange of best practices among Member States.
Amendment 66 #
2023/0404(COD)
Proposal for a regulation
Article 1 – paragraph 2 – point c
Article 1 – paragraph 2 – point c
(c) the conditions and procedures for the participation in the EU Talent Pool of jobseekers from third countries, third country nationals studying in the Union and employers;
Amendment 67 #
2023/0404(COD)
Proposal for a regulation
Article 2 – paragraph 1
Article 2 – paragraph 1
1. This Regulation applies to jobseekers from third countries residing outside the Union, third country nationals studying in the Union and employers established in the participating Member States.
Amendment 70 #
2023/0404(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point 2 a (new)
Article 4 – paragraph 1 – point 2 a (new)
(2 a) 'Third country national studying in the Union' means a person legally residing in the Union who is not a citizen of the Union within the meaning of Article 20(1) TFEU and who is effectively enrolled in a Union-based school, university or VET-center.
Amendment 74 #
2023/0404(COD)
Proposal for a regulation
Article 6 – paragraph 3
Article 6 – paragraph 3
3. Profiles of registered jobseekers from third countries shall include the name, surname, contact details, date of birth and nationality, information on academic and professional qualifications, work experience, other skills and language knowledgecertification of skills or specific certificates such as micro- credentials, degrees, vocational education, volunteering experience, language skills, or any relevant skills. Job vacancies of employers participating in the EU Talent Pool shall include the name, surname and contact details.
Amendment 80 #
2023/0404(COD)
Proposal for a regulation
Article 9 – paragraph 4
Article 9 – paragraph 4
4. Representatives of the cross- industry social partners organisations and educational institutions at Union level shall have the right to participate as observers in the meetings of the EU Talent Pool Steering Group. Representation of two participants from trade union and two participants from employer organisations shall be ensured by the EU Talent Pool Steering Group. Those representatives shall sign a written statement declaring that they are not in a situation of conflict of interest.
Amendment 83 #
2023/0404(COD)
Proposal for a regulation
Article 10 – paragraph 2 – point b
Article 10 – paragraph 2 – point b
(b) transferring job vacancies to the EU Talent Pool IT platform through the single coordinated channel and facilitating the matching between registered jobseekers from third countries and employers participating in the EU Talent Pool, using simple procedures;
Amendment 84 #
2023/0404(COD)
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
1. Jobseekers from third countries may create their profiles via the Europassa common profile builder in order to register on the EU Talent Pool IT platform.
Amendment 93 #
2023/0404(COD)
Proposal for a regulation
Article 17 – paragraph 1 – subparagraph 1
Article 17 – paragraph 1 – subparagraph 1
Participating Member States shall make information concerning the EU Talent Pool and its functioning easily accessible and shall ensure its promotion.
Amendment 94 #
2023/0404(COD)
Proposal for a regulation
Article 17 – paragraph 2 – point c
Article 17 – paragraph 2 – point c
(c) specific information on third- country nationals’ rights and obligations including access to social benefits, health assistance, education, training, housing, recognition of qualifications and the complaint mechanism pursuant to Article 18;
Amendment 100 #
2023/0404(COD)
Proposal for a regulation
Article 23 – paragraph 1
Article 23 – paragraph 1
1. By 31.12.20310 and every five years thereafter, the Commission shall submit a report to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions on the application of this Regulation.
Amendment 80 #
2023/0290(COD)
Proposal for a regulation
Recital 2
Recital 2
(2) Children are a particularly vulnerable group. It is essential to ensure a high level of safety of children when playing with toys. Children should be adequately protected from possible risks stemming from toys, in particularcluding from the chemical substances that toys may contain. At the same time, compliant toys should be able to move freely across the internal market without additional requirements.
Amendment 88 #
2023/0290(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) To ensure adequate protection of children and other persons, this Regulation should apply to all forms of supply of toys, including distance sales as referred to in Article 6 of Regulation (EU) 2019/1020 of the European Parliament and of the Council29 . _________________ 29 Regulation (EU) 2019/1020 of the European Parliament and of the Council of 20 June 2019 on market surveillance and compliance of products and amending Directive 2004/42/EC and Regulations (EC) No 765/2008 and (EU) No 305/2011 (OJ L 169, 25.6.2019, p. 1).
Amendment 90 #
2023/0290(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) Essential safety requirements for toys should ensure protection from all relevant health and safety hazards posed by toys, for children whether they are the users or a third partiesy. Particular safety requirements should cover the physical and mechanical properties, flammability, chemical properties, electrical properties, hygiene and radioactivity to ensure that the safety of children is adequately protected against those specific hazards. Since it is possible that toys which present hazards that are not covered by a particular safety requirement might exist or be developed, it is necessary to maintain a general requirement of safety to ensure protection of children in respect of such toys. The safety of toys should be determined by reference to the intended use, while taking into account also the foreseeable use, and bearing in mind the behaviour of children, who do not generally show the same degree of care as the average adult user. Together, the general safety requirement and the particular safety requirements should form the essential safety requirements for toys.
Amendment 99 #
2023/0290(COD)
Proposal for a regulation
Recital 14
Recital 14
(14) Relying on digital technologies has led to new hazards in toys. Radio toys are to comply with essential requirements for the protection of privacy and internet- connected toys are to incorporate safeguards towards cybersecurity and protection from fraud in accordance with Directive 2014/53/EU of the European Parliament and of the Council30 . Toys which include artificial intelligence are to comply with Regulation (EU) …/…[P.O. insert serial number for Regulation laying down harmonised rules on artificial intelligence]31 . Therefore, particular safety requirements regarding cybersecurity, protection of personal data and privacy or other hazards stemming from the incorporation of artificial intelligence in toys should not be set out. However, protecting the health of children should not merely ensure the absence of disease or infirmity and relying on digital technologies may pose risks to children which go beyond their physical health. To ensure that children are protected from any risk coming from the use of digital technologies and artificial inteligence in toys, the general safety requirement should ensure the psychological and mental health, as well as the well-being and cognitive development, of children. _________________ 30 Directive 2014/53/EU of the European Parliament and of the Council of 16 April 2014 on the harmonisation of the laws of the Member States relating to the making available on the market of radio equipment and repealing Directive 1999/5/EC (OJ L 153, 22.5.2014, p. 62). 31 PO: Please insert in the text the number of the Regulation and insert the number, date, title and OJ reference of that Regulation in the footnote.
Amendment 105 #
2023/0290(COD)
Proposal for a regulation
Recital 15
Recital 15
(15) Toys should comply with physical and mechanical requirements that prevent children from getting physically injured when playing with toys and should not pose a risk of choking or suffocation to children. In order to protect children from the risk of impaired hearing, maximum values should be set out taking into account the scientific studies and medical experts recomendations for both impulse noise and continuous noise emitted by toys intended to emit sounds. Toys or their parts and their packaging which can be reasonably expected to be brought into contact with food or to transfer their constituents to food under normal or foreseeable conditions of use are subject to Regulation (EC) No 1935/2004 of the European Parliament and of the Council32 . In addition, it is appropriate to lay down specific safety requirements to cover the potential specific hazard presented by toys in food, since the association of a toy and food could cause a risk of choking which is distinct from the risks presented by the toy alone and which is, therefore, not covered by any specific measure at Union level. Toys should also ensure sufficient protection as regards flammability or electric properties, in particular to prevent burns or electric shocks. Moreover, toys should meet certain hygiene standards to avoid microbiological risks or other risks of infection or contamination. _________________ 32 Regulation (EC) No 1935/2004 of the European Parliament and of the Council of 27 October 2004 on materials and articles intended to come into contact with food and repealing Directives 80/590/EEC and 89/109/EEC (OJ L 338, 13.11.2004, p. 4).
Amendment 110 #
2023/0290(COD)
Proposal for a regulation
Recital 20
Recital 20
(20) As batteries are regulated by Regulation (EU) …/…[P.O. insert serial number for Regulation on batteries and waste batteries]35 , the requirements regarding chemical substances in toys should not apply to the batteries included in toys. However, toys that include batteries should be designed in such a way that the batteries are difficult for children to access. In situations where, due to the nature, size or form factor of the toy, or of the small electronics contained within, it would not be possible to design the toy where the internal battery is removable and replaceable by the end-user while also ensuring the safety of the child and the safe continued use of the toy, the toy may be designed in such a way as to make the battery removable and replaceable only by independent operators. _________________ 35 PO: Please insert in the text the number of the Regulation …. and insert the number, date, title and OJ reference of that Regulation in the footnote.
Amendment 140 #
2023/0290(COD)
Proposal for a regulation
Recital 67 a (new)
Recital 67 a (new)
(67 a) Data on injuries are scarce and unevenly collected across the EU, making it hard to assess the effect of the toy safety regulatory framework on the protection of childrens’ health and safety. A Pan- European data base would allow for proper monitoring of the impact and effectiveness of EU safety rules. Injury related data could also bring relevant information to the manufacturers, standardisers and future decision makers on design, safety features and other elements needed to imporve the safety of toys. When setting up such data base the Commission should closely cooperate with the experts in the field and draw inspiration from similar data bases that are already existing and helping the industry in third countries.
Amendment 147 #
2023/0290(COD)
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
This Regulation lays down rules on the safety of toys, ensuring a high level of protection of health and safety of children and other persons, and on the free movement of toys in the Unioe objective of this Regulation is to improve the functionning of the internal market while providing for a high level of consumer protection and ahigh level of protection of health and safety of children.
Amendment 150 #
2023/0290(COD)
Proposal for a regulation
Article 1 – paragraph 1 a (new)
Article 1 – paragraph 1 a (new)
This Regulation lays down rules on the safety of toys and on the free movement of toys in the Union, contributing to strenghtening of the Single Market.
Amendment 153 #
2023/0290(COD)
Proposal for a regulation
Article 2 – paragraph 1 – subparagraph 2
Article 2 – paragraph 1 – subparagraph 2
For the purposes of this Regulation, a product shall be considered to be intended for use in play by children under 14 years of age, or by children of any other specific age group below 14 years, where a parent or supervisor can reasonably assume, by virtue of the functions, dimensions and characteristics of that product, that it is intended for use in play by children of the relevantvarious age groups.
Amendment 155 #
2023/0290(COD)
Proposal for a regulation
Article 2 – paragraph 3
Article 2 – paragraph 3
3. The Commission shall be empowered to adopt implementing acts determining whether or not specific products or categories of products fulfil the criteria set out in paragraph 1 of this Article and therefore can or cannot be considered toys within the meaning of this Regulation. Those implementing acts shall be adopted in accordance with the procedure set out in Article 50(2).
Amendment 166 #
2023/0290(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 12 a (new)
Article 3 – paragraph 1 – point 12 a (new)
(12 a) 'intended for the use by' means that the economic operator manufactured that product with a specific intention explicitly mentioned in the instructions of the product or in any other documents of that product;
Amendment 167 #
2023/0290(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 12 b (new)
Article 3 – paragraph 1 – point 12 b (new)
(12 b) 'reasonably forseable' means that an average consumer whether parent or supervisor, shall reasonably be able to assume by the virtue of the functions, dimensions and characteristics of a product that it is intended for the use by children of various ages;
Amendment 174 #
2023/0290(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 29
Article 3 – paragraph 1 – point 29
(29) ‘functional toy’ means a toy which performs and is used in the same way as a product, appliance or installation intended for use by adults, and which may be a scale model of such product, appliance or installation, if that toy brings similar level of risk for children as the real model produces for adults;
Amendment 176 #
2023/0290(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 33
Article 3 – paragraph 1 – point 33
(33) ‘olfactory board game’ means a toy the purpose of which is to assist a child to learn to recognise or combine different odours or flavours;
Amendment 177 #
2023/0290(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 34
Article 3 – paragraph 1 – point 34
(34) ‘cosmetic kit’ means a toy the purpose of which is to assist a child to learn to make cosmetic products such as fragrances, soaps, creams, shampoos, conditioners, bath foams, tooth pastes as well as glosses, lipsticks and other make- up or to use them on dolls and action figures or on their own body;
Amendment 178 #
2023/0290(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 35
Article 3 – paragraph 1 – point 35
(35) ‘gustative game’ means a toy the purpose of which is to allow children to make sweets or dishes through the use of food ingredients, including liquids, powders and aromas without using any heat source;
Amendment 182 #
2023/0290(COD)
Proposal for a regulation
Article 4 – paragraph 2 – subparagraph 1
Article 4 – paragraph 2 – subparagraph 1
At trade fairs, exhibitions and demonstrations or similar events, Member States shall not prevent the display of a toy which does not comply with this Regulation, provided that a visible sign, either on the packaging or on the exhibition stand, that clearly indicates that the toy does not comply with this Regulation and will not be available on the market until it has been brought into conformity.
Amendment 185 #
2023/0290(COD)
Proposal for a regulation
Article 5 – paragraph 2 – subparagraph 1
Article 5 – paragraph 2 – subparagraph 1
Toys shall not present a risk to the safety or health of users or third parties, including the psychological and mental health, well- being and cognitive development of childrenchildren, whether they are the users or the third party, when they are used as intended or in a foreseeable way, also bearing in mind the behaviour of childrenpsychological and mental health, the cognitive development and the behaviour of children in specific age groups.
Amendment 189 #
2023/0290(COD)
Proposal for a regulation
Article 5 – paragraph 2 – subparagraph 2
Article 5 – paragraph 2 – subparagraph 2
When assessing the risk referred to in the first subparagraph, the ability of the intended group of users and, where appropriate, their supervisors shall be taken into account. Where a toy is intended for use by children under 36 months or by another specified age groups, the ability of users in that specific age group shall be taken into account.
Amendment 191 #
2023/0290(COD)
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
1. Where necessary to ensure their safe use, toys shall bear a general warning specifying appropriate user limitations. The user limitations shall include at least the minimum or maximum age of the user and, where appropriate, the required abilities of the user, the maximum or minimum weight of the user and the need to ensure that the toy is used only under adult supervision.
Amendment 193 #
2023/0290(COD)
Proposal for a regulation
Article 6 – paragraph 3 – subparagraph 1
Article 6 – paragraph 3 – subparagraph 1
The manufacturer shall mark warnings in a clearly visible, easily legible and understandable and accurate manner on the toy, on an affixed label or on the packaging and, if appropriate, on the instructions for use which accompany the toy. Small tToys which are sold without packaging shall have appropriate warnings affixed to them, if the surface of the toy allows, if not, the warnings should be placed on the label.
Amendment 200 #
2023/0290(COD)
Proposal for a regulation
Article 6 – paragraph 3 – subparagraph 2
Article 6 – paragraph 3 – subparagraph 2
Warnings that might determine the decision to purchase a toy shall be clearly visible to the consumer before the purchase, including in cases where the purchase is made through distance sales. Warnings shall be of sufficient size to ensure their visibility.
Amendment 201 #
2023/0290(COD)
Proposal for a regulation
Article 6 – paragraph 4
Article 6 – paragraph 4
4. Labels and instructions for use shall draw the attention of children or their supervisors to the inherent hazards and risks to the health and safety of children involved in using the toysconsidering the age group of children for which the toys are intended, and to the ways of avoiding such hazards and risks.
Amendment 224 #
2023/0290(COD)
Proposal for a regulation
Article 8 – paragraph 3 – introductory part
Article 8 – paragraph 3 – introductory part
3. An authorised representative shall perform the tasks specified in the mandate received from the manufacturer and shall provide a copy of the mandate to the market surveillance authorities upon their request. The mandate shall allowempower the authorised representative to doperform at least the following tasks:
Amendment 231 #
2023/0290(COD)
Proposal for a regulation
Article 8 – paragraph 3 – point c
Article 8 – paragraph 3 – point c
(c) cooperate with the competent national authorities, at their request, on any action taken to eliminate in an efective manner the risks posed by toys covered by the written mandate.
Amendment 238 #
2023/0290(COD)
Proposal for a regulation
Article 8 – paragraph 4 a (new)
Article 8 – paragraph 4 a (new)
4 a. When an appointed authorised representative ends its mandate it shall inform the market surveillance authority and shall provide the information regarding the name of the company they represented, registered trade name or registered trade mark and the postal and electronic address at which the manufacturer can be contacted.
Amendment 245 #
2023/0290(COD)
Proposal for a regulation
Article 9 – paragraph 3
Article 9 – paragraph 3
3. Importers shall indicate their name, registered trade name or registered trade mark and the postal and electronic address at which they can be contacted, on the toy or, where that is not possible, on its packagingpackaging of the toy or in a document accompanying the toy.
Amendment 249 #
2023/0290(COD)
Proposal for a regulation
Article 9 – paragraph 7 a (new)
Article 9 – paragraph 7 a (new)
7 a. Where the importer suspends its activity for various reasons it will notify the market surveillance authorities and makes available to those authorities all the technical documentations referred to in Article 23.
Amendment 272 #
Amendment 275 #
2023/0290(COD)
Proposal for a regulation
Article 12 b (new)
Article 12 b (new)
Article 12b Providers of online marketplaces to which Section 4 of Regulation (EU) 2022/2065 applies, shall make reasonable efforts to randomly check before and after they allow a trader to offer a product on the online marketplace, whether it has been identified as being dangerous in any official, freely accessible and machine- readable online database or online interface, made available in a Member State or in the Union, in particular the Safety Gate Portal. The Commission shall provide guidelines on the practicalities of such random checks.
Amendment 282 #
Amendment 283 #
2023/0290(COD)
Proposal for a regulation
Article 17 – paragraph 1
Article 17 – paragraph 1
1. Before placing a toy on the market, manufacturers shall create a digital product passport for that toy. The digital product passport shall meet the requirements laid down in this Article and Article 18.
Amendment 290 #
2023/0290(COD)
Proposal for a regulation
Article 17 – paragraph 2 – point f
Article 17 – paragraph 2 – point f
(f) be accessible to consumers or other end-users, market surveillance authorities, customs authorities, notified bodies, the Commission and other economic operators in accordance with the Directive (EU) 2016/943;
Amendment 304 #
2023/0290(COD)
Proposal for a regulation
Article 17 – paragraph 10 – subparagraph 1 – introductory part
Article 17 – paragraph 10 – subparagraph 1 – introductory part
The Commission shall adopt implementingdelegated acts determining the specific and technical requirements related to the product passport for toys. Those requirements shall cover in particular the following:
Amendment 305 #
2023/0290(COD)
Proposal for a regulation
Article 17 – paragraph 10 – subparagraph 1 – point d
Article 17 – paragraph 10 – subparagraph 1 – point d
Amendment 308 #
2023/0290(COD)
Proposal for a regulation
Article 17 – paragraph 10 – subparagraph 2
Article 17 – paragraph 10 – subparagraph 2
Those implementingdelegated acts shall be adopted in accordance with the procedure set out in Article 50(3).
Amendment 310 #
2023/0290(COD)
Proposal for a regulation
Article 18 – title
Article 18 – title
Technical design and operation of the digital product passport
Amendment 312 #
2023/0290(COD)
Proposal for a regulation
Article 18 – paragraph 3
Article 18 – paragraph 3
3. Consumers or other end-users, economic operators and other relevant actors shall have access to the product passport, in accordance with the Union legislation, free of charge.
Amendment 317 #
2023/0290(COD)
Proposal for a regulation
Article 18 – paragraph 4
Article 18 – paragraph 4
4. The data included in the product passport shall be stored by the economic operator responsible for its creation or by operators authorised to act on their behalf or by competent authorities.
Amendment 324 #
Amendment 326 #
2023/0290(COD)
Proposal for a regulation
Article 20 – title
Article 20 – title
Customs controls relating to the digital product passport
Amendment 336 #
2023/0290(COD)
Proposal for a regulation
Article 22 – paragraph 3 – point c
Article 22 – paragraph 3 – point c
(c) where one or more of the harmonised standards referred to in point (a) has been published with a restriction that is relevant for the toy to be examined ;
Amendment 343 #
2023/0290(COD)
Proposal for a regulation
Article 26 – paragraph 4
Article 26 – paragraph 4
4. A notifying authority shall not offer or provide any activities that conformity assessment bodies perform, nor shall they offer or provide consultancy services on a commercial or competitive basis, however the notifying authority shall provide information to the economic operators about the procedures for the assessment and the conformity assessment bodies if so requested.
Amendment 344 #
2023/0290(COD)
Proposal for a regulation
Article 26 – paragraph 6
Article 26 – paragraph 6
6. A notifying authority shall have a sufficient number of competent personnel and adequate resources at their disposal for the properefficient performance of their tasks.
Amendment 345 #
2023/0290(COD)
Proposal for a regulation
Article 28 – paragraph 6 – subparagraph 3
Article 28 – paragraph 6 – subparagraph 3
A conformity assessment body shall have the meanresources necessary to perform the technical and administrative tasks connected with the conformity assessment activities in an appropriate manner and shall have access to all necessary equipment or facilities.
Amendment 346 #
2023/0290(COD)
Proposal for a regulation
Article 28 – paragraph 7 – point b
Article 28 – paragraph 7 – point b
(b) satisfactoryvery good knowledge of the requirements of the assessments they carry out and adequate authority to carry out those assessments;
Amendment 347 #
2023/0290(COD)
Proposal for a regulation
Article 28 – paragraph 7 – point c
Article 28 – paragraph 7 – point c
(c) appropriatevery good knowledge and understanding of the requirements set out in this Regulation, of the applicable harmonised standards referred to in Article 13 of this Regulation and the common specifications referred to in Article 14 of this Regulation;
Amendment 348 #
2023/0290(COD)
Proposal for a regulation
Article 28 – paragraph 10
Article 28 – paragraph 10
10. The personnel of a conformity assessment body shall observerespect professional secrecy with regard to all information obtained in carrying out their tasks under Annex IV, except in relation to the competent authorities of the Member State in which its activities are carried out or to the competent authorities of the European Union. Intellectual property rights shall be protected.
Amendment 350 #
2023/0290(COD)
Proposal for a regulation
Article 31 – paragraph 1
Article 31 – paragraph 1
1. A conformity assessment body shall submit an application for notification under this Regulation to the notifying authority of the Member State in which it is established or in any other Member State where he wants to perform his activity.
Amendment 353 #
2023/0290(COD)
Proposal for a regulation
Article 41 – paragraph 1 – subparagraph 1
Article 41 – paragraph 1 – subparagraph 1
Where the market surveillance authorities of one Member State have sufficient reason to believe that a toy covered by this Regulation presents a risk to the health or safety of personschildren, they shall carry out an evaluation in relation to the toy concerned covering all the requirements laid down in this Regulation. TUpon dully motivated request from the market surveillance authorities the relevant economic operators shall cooperate, as necessary, with the market surveillance authorities for that purpose.
Amendment 355 #
2023/0290(COD)
Proposal for a regulation
Article 41 – paragraph 4 – subparagraph 2
Article 41 – paragraph 4 – subparagraph 2
The market surveillance authorities shall inform the Commission and the other Member States, without delay, of those measures. Based on the information of the Member State who took the provisional measures to prohibit or restrict the toy, other Member States may decide to take appropriate provisional measures.
Amendment 369 #
2023/0290(COD)
Proposal for a regulation
Article 45 a (new)
Article 45 a (new)
Article45a Pan -European Injury Database 1. A Pan-European Injury Database covering all types of injuries caused by toys shall be set up and coordinated by the European Commission. 2. The relevant market surveillance authorities established by the Member States shall contribute to the establishment of the database and deliver injury data to the database, based on a common methodology, comprehensive and in accordance with European and national laws on data protection. 3. The Commission shall support the co- ordination of the collection of data from Member States and the operation of the database.
Amendment 413 #
2023/0290(COD)
Proposal for a regulation
Annex II – Part I – point 9
Annex II – Part I – point 9
9. Toys that are intended to emit sounds shall be designed and manufactured in such a way, in terms of the maximum values for impulse noise and continuous noise, that the sound from them is not able to impair children’s hearing. The limit values shall be set through a delegated act considering age cathegories after consultations with medical experts.
Amendment 422 #
2023/0290(COD)
Proposal for a regulation
Annex II – Part III – point 7 – point c
Annex II – Part III – point 7 – point c
(c) toy components necessary for electronic or electric functions of the toy where the substance or mixture is fully inaccessible to children, including by inhalation.
Amendment 429 #
2023/0290(COD)
Proposal for a regulation
Annex II – Part A – point 2
Annex II – Part A – point 2
2. N-nitrosamines and N-nitrosatable substances are prohibited in toys where the migration of those substances is equal to or higher than: Table - Limit values for elastomers PRODUCT TYPE a) toys intended for use by children under 36 months or in other toys intendedand intended or likely to be placed into the mouth where the migration of those substances is equal to or higher than 0,01 mg/kg for nitrosamines and 0,1 N-nitrosamines mg/kg: 0,01 N-nitrosatable substances mg/kg: 0,1 b) toys intended for use by children under 36 months not covered by a) N-nitrosamines mg/kg: 0,05 N-nitrosatable substances mg/kg: 1 c) toys intended for use by children of 36 months and over and intended to be placed into the mouth N-nitrosamines mg/kg: 0,05 N-nitrosatable substances mg/kg: 1 d) balloons N-nitrosamines mg/kg: 0,05 N-nitrosatable substances mg/k:g for nitros1 e) finger paints N-nitrosamines mg/kg: 0,02 N-nitrosatable substances. mg/kg: 1
Amendment 137 #
2023/0156(COD)
Proposal for a regulation
Recital 6 a (new)
Recital 6 a (new)
(6 a) Pursuant to Article 24 of Council Regulation (EU) 2017/1939, the competent customs authorities shall without undue delay report to the EPPO any criminal conduct in respect of which it could exercise its competence in accordance with Article 22 and Article 25(2) and (3) of that Regulation.The competent customs authorities shall refrain from taking measures which could jeopardize the confidentiality of criminal investigations into the same facts of the competent national judicial or law enforcement authority or the EPPO, when requested to do so by these authorities.
Amendment 156 #
2023/0156(COD)
Proposal for a regulation
Recital 24
Recital 24
(24) To ensure that the European Anti- Fraud Office (‘OLAF’) can exercise its investigations powers in relation to fraudulent activities that are affecting the interests of the Union, it is appropriate that it has access to data from the EU Customs Data Hub that is very similar to the access by the Commission. OLAF should therefore be entitled to process the data in accordance with the conditions relating to data protection in the relevant Union legislation, including Regulation (EU, Euratom) No 883/2013 of the European Parliament and of the Council47 and Council Regulation (EC) No 515/9748 . To ensure that EPPO can conduct its investigations on customs-related matters, it should be entitled to requesthave access to the data in the EU Customs Data Hub. To preserve the functions that are performed in Member States’ national IT systems, the tax authorities of the Member States should either obtain the possibility to process data directly within the EU Customs Data Hub or to extract data from the EU Customs Data Hub and process it through different means. As such, authorities responsible for food safety in accordance with Regulation Regulation (EU) 2017/625 of the European Parliament and of the Council49 and the authorities responsible for market surveillance in accordance with Regulation (EU) 2019/1020 should be provided with the right services and tools in the EU Customs Data Hub so that they can use the relevant customs data to contribute to enforcing the relevant Union legislation and for cooperating with customs authorities to minimise the risks that non- compliant products enter the Union. It is appropriate that Europol has access upon request to data in the EU Customs Data Hub to be able to perform its tasks as specified in Regulation (EU) 2016/794 of the European Parliament and of the Council50 . All other Union and national bodies and authorities, including the European Border and Coast Guard Agency (Frontex), should have access to non- personal data contained in the EU Customs Data Hub. _________________ 47 Regulation (EU, Euratom) No 883/2013 of the European Parliament and of the Council of 11 September 2013 concerning investigations conducted by the European Anti-Fraud Office (OLAF) and repealing Regulation (EC) No 1073/1999 of the European Parliament and of the Council and Council Regulation (Euratom) No 1074/1999 (OJ L 248, 18.9.2013, p. 1). 48 Council Regulation (EC) No 515/97 of 13 March 1997 on mutual assistance between the administrative authorities of the Member States and cooperation between the latter and the Commission to ensure the correct application of the law on customs and agricultural matters (OJ L 82, 22.3.1997, p. 1). 49 Regulation (EU) 2017/625 of the European Parliament and of the Council of 15 March 2017 on official controls and other official activities performed to ensure the application of food and feed law, rules on animal health and welfare, plant health and plant protection products, amending Regulations (EC) No 999/2001, (EC) No 396/2005, (EC) No 1069/2009, (EC) No 1107/2009, (EU) No 1151/2012, (EU) No 652/2014, (EU) 2016/429 and (EU) 2016/2031 of the European Parliament and of the Council, Council Regulations (EC) No 1/2005 and (EC) No 1099/2009 and Council Directives 98/58/EC, 1999/74/EC, 2007/43/EC, 2008/119/EC and 2008/120/EC, and repealing Regulations (EC) No 854/2004 and (EC) No 882/2004 of the European Parliament and of the Council, Council Directives 89/608/EEC, 89/662/EEC, 90/425/EEC, 91/496/EEC, 96/23/EC, 96/93/EC and 97/78/EC and Council Decision 92/438/EEC (Official Controls Regulation)(OJ L 95, 7.4.2017, p. 1). 50 Regulation (EU) 2016/794 of the European Parliament and of the Council of 11 May 2016 on the European Union Agency for Law Enforcement Cooperation (Europol) and replacing and repealing Council Decisions 2009/371/JHA, 2009/934/JHA, 2009/935/JHA, 2009/936/JHA and 2009/968/JHA (OJ L 135, 24.5.2016, p. 53).
Amendment 160 #
2023/0156(COD)
Proposal for a regulation
Recital 27
Recital 27
(27) It is appropriate that the EU Customs Data Hubs stores personal data for a maximum period of 10 years. This period is justified in light of the possibility for customs authorities to notify the customs debt up to 10 years after having received the necessary information about a consignment, as well as to ensure that the Commission, the EU Customs Authority, OLAF, EPPO, customs and authorities other than customs can cross-check the information in the EU Customs Data Hub against the information stored in and exchanged with other systems. Moreover, this period of time should be aligned with the storage period required by other legislation applied by the customs authorities, where such legislation is relevant for customs controls. It is also appropriate that whenever personal data is required for the purposes of judicial and administrative proceedings, investigations and during post-clearance controls, the retention period is suspended to avoid that personal data is erased and cannot be used for those purposes.
Amendment 178 #
2023/0156(COD)
Proposal for a regulation
Recital 59
Recital 59
(59) In order to increase clarity and make the cooperation framework between customs and other partner authorities more efficient, a list of services offered by customs authorities should define clearly the possible role of customs in the application of other relevant policies at the borders of the Union. In addition, the application of the cooperation framework should be monitored by the EU Customs Authority. The EU Customs Authority should work closely and cooperate with the Commission, EPPO,OLAF, other relevant Union agencies and bodies, such as Europol and Frontex as well as specialised agencies and networks in the respective policy fields, such as the EU Product Compliance Network.
Amendment 289 #
2023/0156(COD)
Proposal for a regulation
Article 31 – paragraph 6
Article 31 – paragraph 6
6. The European Public Prosecutor’s Office (‘EPPO’) may, upon request, acshall have access directly and shall otherwise process data, including personal and commercially sensitive data,, stored or otherwise available in the EU Customs Data Hub, exclusively andto the extent necessary for carrying out its tasks pursuant to Article 4 ofCouncil Regulation (EU) 2017/193966, insofar as the conduct investigated by EPPO concerns customs and under the conditions determined in an implementing act adopted pursuant to paragraph 14 of this Article. _________________ 66 Council Regulation (EU) 2017/1939 of 12 October 2017 implementing enhanced cooperation on the establishment of the European Public Prosecutor’s Office (‘the EPPO’) (OJ L 283, 31.10.2017, p. 1).
Amendment 294 #
2023/0156(COD)
Proposal for a regulation
Article 31 – paragraph 12
Article 31 – paragraph 12
12. Until the date set out in Article 265(3), the Commission, OLAF, EPPO and the EU Customs Authority once it is established shall, exclusively for the purposes stated in paragraphs 4, 5 and 6, be able to process data, including personal data, from the existing electronic systems for the exchange of information developed by the Commission pursuant to Regulation (EU) No 952/2013.
Amendment 368 #
2023/0156(COD)
Proposal for a regulation
Article 181 – paragraph 3 – subparagraph 2
Article 181 – paragraph 3 – subparagraph 2
However, where the notification of the customs debt would prejudice a criminal investigation, the customs authorities may defer that notification until such time as it no longer prejudices the criminal investigation, even if that investigation takes place in a different Member State. If requested to do so by an authority that is competent for criminal investigations and prosecutions, including the EPPO, the customs authorities shall defer the notification.
Amendment 369 #
2023/0156(COD)
Proposal for a regulation
Article 184 – paragraph 9
Article 184 – paragraph 9
9. The entry in the accounts may be deferred in the case referred to in Article 181(3), second subparagraph, until such time as the notification of the customs debt no longer prejudices a criminal investigation, even if that investigation takes place in a different Member State.
Amendment 394 #
2023/0156(COD)
Proposal for a regulation
Article 217 – paragraph 2 – point b
Article 217 – paragraph 2 – point b
(b) ensure, together with the Management Board, adequate follow-up to the findings and recommendations stemming from the internal or external audit reports and evaluations, as well as from investigations of OLAF and of EPPO, as well as implement adequate procedures of reporting suspicions of criminal conduct to the latter;
Amendment 395 #
2023/0156(COD)
Proposal for a regulation
Article 219 – paragraph 5 – point f
Article 219 – paragraph 5 – point f
(f) prepare an action plan following up on the conclusions of internal or external audit reports and evaluations, as well as on investigations by OLAF and by the EPPO, and report on progress twice a year to the Commission and regularly to the Executive Board and the Management Board, as well as ensuring reporting of suspicions of criminal conduct to EPPO, where applicable;
Amendment 397 #
2023/0156(COD)
Proposal for a regulation
Article 228 – paragraph 6
Article 228 – paragraph 6
6. In accordance with Regulation (EU) 2017/1939, EPPO mayis responsible to investigate and prosecute fraud and other illegal activities affecting the financial interests of the Union as provided for in Directive (EU) 2017/1371 of the European Parliament and of the Council77 . _________________ 77 Directive (EU) 2017/1371 of the European Parliamenthat Regulation.Pursuant to Article 24 of Council Regulation (EU) 2017/1939, the Authority shall without aund 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)ue delay report to the EPPO any criminal conduct in respect of which it could exercise its competence in accordance with Article 22 and Article 25(2) and (3) of that Regulation .
Amendment 402 #
2023/0156(COD)
Proposal for a regulation
Article 240 – paragraph 8
Article 240 – paragraph 8
8. The EU Customs Authority shall closely cooperate with OLAF and EPPO where fraud or suspicion of fraud occurs in any of its cooperation activities.
Amendment 404 #
2023/0156(COD)
Proposal for a regulation
Article 241 – paragraph 2
Article 241 – paragraph 2
2. For this purpose, the EU Customs Authority shall follow the customs policy priorities and ensure the necessary links and coordination with the anti-fraud activities byof OLAF and EPPO and national customs investigations, as well as the investigations by competent national EPPO or other competent nationalauthorities.
Amendment 1 #
2023/0081(COD)
Proposal for a regulation
Recital 1
Recital 1
(1) The Union has committed to the accelerated decarbonisation of its economy and ambitious deployment of renewable energy sources to achieve climate neutrality or net zero emissions (emissions after deduction of removals) by 2050. That objective is at the heart of the European Green Deal, the updated EU Industrial Strategy, and in line with the Union’s commitment to global climate action under the Paris Agreement31 . To reach the climate neutrality goal, Regulation (EU) 2021/1119 of the European Parliament and of the Council32 sets a binding Union climate target to reduce net greenhouse gas emissions by at least 55% by 2030 compared to 1990. The proposed “Fit for 55”33 package aims to deliver on the Union’s 2030 climate target and revises and updates Union legislation in this respect. , while respecting the principle set in Just Transition Mechanism, Regulation (EU) 2021/1056 of the European Parliament and of the Council34a, making sure that no person and no region is left behind in the climate transition. _________________ 31 Council Decision (EU) 2016/1841 of 5 October 2016 on the conclusion, on behalf of the European Union, of the Paris Agreement adopted under the United Nations Framework Convention on Climate Change OJ L 282, 19.10.2016, p. 4. 32 Regulation (EU) 2021/1119 of the European Parliament and of the Council of 30 June 2021 establishing the framework for achieving climate neutrality and amending Regulations (EC) No 401/2009 and (EU) 2018/1999 (‘European Climate Law’) (OJ L 243, 9.7.2021, p. 1). 33 Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions. 'Fit for 55': delivering the EU's 2030 Climate Target on the way to climate neutrality. COM(2021) 550, 14.7.2021. 34a Regulation (EU) 2021/1056 of the European Parliament and of the Council of 24 June 2021 establishing the Just Transition Fund.
Amendment 3 #
2023/0081(COD)
Proposal for a regulation
Recital 3 a (new)
Recital 3 a (new)
(3a) Green transition can offer new possibilities especially for less developed and transition regions. In this relation, climate policy needs to recognise regions special needs and possibilities. Renewable energy, biomass and other regional natural resources and geographical possibilities in relation to net-zero technologies offer possibilities for regions to participate in achieving common climate goals.
Amendment 4 #
2023/0081(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) To fulfil those commitments, the Union must accelerate its pace of transition to clean energy, notably by increasing energy efficiency and the share of renewable energy sources and support sustainable circular bioeconomy technologies . This will contribute to achieving the EU targets of the European Pillar of Social Rights Action Plan for 2030 of an employment rate of at least 78% and participation in training of at least 60% of adults. It will also contribute to ensuring that the green transition is fair and equitable34 . _________________ 34 Council Recommendation on ensuring a fair transition towards climate neutrality, adopted on 16 June 2022 as part of the Fit for 55 package.
Amendment 6 #
2023/0081(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) The net-zero transformation is already causing huge industrial, economic, and geopolitical shifts across the globe, which will become ever more pronounced as the world advances in its decarbonisation efforts. The road to net zero translates into strong opportunities for the expansion of Union’s net-zero industry, making use of the strength of the Single Market, by promoting investment in technologies in the field of renewable energy technologies , electricity and heat storage technologies, heat pumps, grid technologies, renewable fuels of non- biological origin technologies, electrolysers and fuel cells, fusion, small modular reactors and related best-in-class fuels, carbon capture, utilisation, and storage technologies, and energy-system related energy efficiency technologies and their supply chains, and sustainable circular bioeconomy technologies, allowing for the decarbonisation of our economic sectors, from energy supply to transport, buildings, and industry. A strong net zero industry within the European Union can help significantly in reaching the Union’s climate and energy targets effectively, as well as in supporting other Green Deal objectives, while creating jobs and growth.
Amendment 7 #
2023/0081(COD)
Proposal for a regulation
Recital 8 a (new)
Recital 8 a (new)
(8a) Renewable, biobased energy resources have the potential to replace fossil energy resources and critical raw materials. These resources are derived from biological materials, which can be replenished naturally. In addition, they emit less greenhouse gas emissions, reduce the dependence on imported fossil fuels, support rural development and create jobs in rural areas and decrease waste and pollution by utilizing agricultural and forestry residues. Additionally, renewable resources lessen our reliance on critical raw materials that are becoming scarce.
Amendment 11 #
2023/0081(COD)
Proposal for a regulation
Recital 23
Recital 23
(23) In addition, the Communication on the Green Deal Industrial Plan for the Net- Zero Age42 sets out a comprehensive approach to support a clean energy technology scale up based on four pillars. The first pillar aims at creating a regulatory environment that simplifies and fast-tracks permitting for new net-zero technology manufacturing and assembly sites and facilitates the scaling up of the net-zero industry of the Union. The second pillar of the plan is to boost investment in and financing of net-zero technology production, through the revised Temporary Crisis and Transition Framework adopted in March 2023 and the creation of a European Sovereignty fund to preserve the European edge on critical and emerging technologies relevant to the green and digital transitions. The third pillar relates to developing the skills needed to make the transition happen and increase the number of skilled workers in the clean energy technology sector. The fourth pillar focuses on trade and the diversification of the supply chain of critical raw materials. That includes creating a critical raw materials club, working with like-minded partners to collectively strengthen supply chains and diversifying away from single suppliers for critical input. _________________ 42 Communication from the Commission to the European Parliament, the European Council, the Council, the European Economic and Social Committee and the Committee of the Regions: A Green Deal Industrial Plan for the Net-Zero Age, COM/2023/62 final, 01.02.2023.
Amendment 22 #
2023/0081(COD)
Proposal for a regulation
Recital 47
Recital 47
Amendment 34 #
2023/0081(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point a
Article 3 – paragraph 1 – point a
(a) ‘net-zero technologies’ means renewable energy technologies66 ; electricity and heat storage technologies; heat pumps; grid technologies; renewable fuels of non-biological origin technologies; sustainable alternative fuels technologies67 ; electrolysers and fuel cells; advanced technologies to produce energy from nuclear processes with minimal waste from the fuel cycle, small modular reactors, and related best-in-class fuels; carbon capture, utilisation, and storage technologies; and energy-system related energy efficiency and renewable bioenergy technologies. They refer to the final products, specific components and specific machinery, including technologies for circularity, primarily used for the production of those products. They shall have reached a technology readiness level of at least 8. _________________ 66 ‘renewable energy' means ‘renewable energy’ as defined in Directive (EU) 2018/2001 of the European Parliament and of the Council of 11 December 2018 on the promotion of the use of energy from renewable sources 67 ‘sustainable alternative fuels’ means fuels covered by the Proposal for a Regulation of the European Parliament and of the Council on ensuring a level playing field for sustainable air transport, COM/2021/561 final and by the Proposal for a Regulation of the European Parliament and Council on the use of renewable and low-carbon fuels in maritime transport COM/2021/562 final.
Amendment 35 #
2023/0081(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point a
Article 3 – paragraph 1 – point a
(a) ‘net-zero technologies’ means renewable energy technologies66 ; electricity and heat storage technologies; heat pumps; grid technologies; renewable fuels of non-biological origin technologies; sustainable alternative fuels technologies67 ; electrolysers and fuel cells; advanced technologies to produce energy from nuclear processes with minimal waste from the fuel cycle, small modular reactors, and related best-in-class fuels; carbon capture, utilisation, and storage technologies; and energy-system related energy efficiency technologies. They refer to the final products, specific components and specific machinery primarily used for the production of those products. They shall have reached a technology readiness level of at least 87. _________________ 66 ‘renewable energy' means ‘renewable energy’ as defined in Directive (EU) 2018/2001 of the European Parliament and of the Council of 11 December 2018 on the promotion of the use of energy from renewable sources 67 ‘sustainable alternative fuels’ means fuels covered by the Proposal for a Regulation of the European Parliament and of the Council on ensuring a level playing field for sustainable air transport, COM/2021/561 final and by the Proposal for a Regulation of the European Parliament and Council on the use of renewable and low-carbon fuels in maritime transport COM/2021/562 final.
Amendment 36 #
2023/0081(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point a
Article 3 – paragraph 1 – point a
(a) ‘net-zero technologies’ means renewable energy technologies66 ; electricity and heat storage technologies; heat pumps; grid technologies; renewable fuels of non-biological origin technologies; sustainable alternative fuels technologies67 ; electrolysers and fuel cells; advanced technologies to produce energy from nuclear processes with minimal waste from theand their related fuel cycle, small modular reactors, and related best-in-class fuels; carbon capture, utilisation, and storage technologies; and energy-system related energy efficiency technologies. They refer to the final products, specific components and specific machinery primarily used for the production of those products. They shall have reached a technology readiness level of at least 8. _________________ 66 ‘renewable energy' means ‘renewable energy’ as defined in Directive (EU) 2018/2001 of the European Parliament and of the Council of 11 December 2018 on the promotion of the use of energy from renewable sources 67 ‘sustainable alternative fuels’ means fuels covered by the Proposal for a Regulation of the European Parliament and of the Council on ensuring a level playing field for sustainable air transport, COM/2021/561 final and by the Proposal for a Regulation of the European Parliament and Council on the use of renewable and low-carbon fuels in maritime transport COM/2021/562 final.
Amendment 37 #
2023/0081(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point b
Article 3 – paragraph 1 – point b
(b) ‘component’ means a small part of a net-zero technology that is manufactured and traded by a company starting from processed materials and recycled components;
Amendment 38 #
2023/0081(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point c
Article 3 – paragraph 1 – point c
(c) ‘innovative net-zero technologies’ means technologies which satisfy the definition of ‘net-zero technologies’, except that they have not reached a technology readiness level of at least 87, and that comprise genuine innovation which are not currently available on the market and are advanced enough to be tested in a controlled environment.
Amendment 47 #
2023/0081(COD)
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. When preparing plans, including zoning, spatial plans and land use plans, national, regional and local authorities shall, where appropriate, include in those plans provisions fornational and regional plans, Member States shall ensure national cooperation between regional and local authorities to promote the development of net-zero technology manufacturing projects, including net-zero strategic projects. Priority shall be given to artificial and built surfaces, industrial sites, brownfield sites, and, where appropriate, greenfield sites not usable for agriculture and forestrynet-zero projects.
Amendment 52 #
2023/0081(COD)
Proposal for a regulation
Article 8 – paragraph 2 a (new)
Article 8 – paragraph 2 a (new)
2a. In support of achieving strategic autonomy, the EU commission develops a strategic action plan on how sustainable bioeconomy can contribute to the NZIA ambitions, including a strategic agenda for bio-based materials in the EU; outlining the materials needed, their sources, and manufacturing processes. (Will be added as a new paragraph.)
Amendment 61 #
2023/0081(COD)
Proposal for a regulation
Article 10 – paragraph 1 – point b – point iv
Article 10 – paragraph 1 – point b – point iv
(iv) it adopts comprehensive low- carbon and circular manufacturing practices, including waste heat recovery, side streams valorisation and water efficiency.
Amendment 72 #
2023/0081(COD)
Proposal for a regulation
Article 10 – paragraph 3 – subparagraph 1 (new)
Article 10 – paragraph 3 – subparagraph 1 (new)
Net-zero technology manufacturing projects corresponding to a technology listed in the Annex or the key actions in the European Strategic Technology (SET) plan, located in ‘less developed and transition regions’ and Just Transition Fund Territories and eligible for funding under cohesion policy rules shall be recognised by Member States as net-zero strategic projects.
Amendment 83 #
2023/0081(COD)
Proposal for a regulation
Article 14 – paragraph 1
Article 14 – paragraph 1
1. The Commission and the Member States shall undertake activities to accelerate and crowd-in private investments in net-zero strategic projects. Such activities may, without prejudice to Article 107 and Article 108 of the TFEU, include providing and coordinating administrative support to net-zero strategic projects facing difficulties in accessing finance.
Amendment 111 #
2023/0081(COD)
Proposal for a regulation
Article 23 – paragraph 1 – point c a (new)
Article 23 – paragraph 1 – point c a (new)
(ca) Make use of the best practices already in use in the member states, especially with regard to regional continuing education or additional training.
Amendment 113 #
2023/0081(COD)
Proposal for a regulation
Article 23 – paragraph 1 a (new)
Article 23 – paragraph 1 a (new)
1a. Special needs and support related to education should emphasize the less developed and transition regions, Just Transition Fund Territories and eligible for funding under cohesion policy rules.
Amendment 132 #
2023/0081(COD)
Proposal for a regulation
Annex I – subheading 1
Annex I – subheading 1
Strategic net-zero technologies Table: 1. Solar photovoltaic and solar thermal technologies 2. Onshore wind and offshore renewable technologies 3. Battery/storage technologies 4. Heat pumps and geothermal energy technologies 5. Electrolysers and fuel cells 6. Sustainable biogas/biomethane technologies 7. Carbon Capture, storage (CCS / BECCS) and carbon utilization (CCU) technologies 8. Grid technologies 9. Renewable bioenergy technologies (Complements the original annex list.)
Amendment 133 #
2023/0081(COD)
Proposal for a regulation
Annex I – subheading 1
Annex I – subheading 1
Strategic net-zero technologies 9. Nuclear technologies 10. Energy fusion technologies
Amendment 4 #
2022/2198(INI)
Motion for a resolution
Recital B
Recital B
B. whereas digitaliszation brings with it a wealth ofcould lead to less bureaucracy while also bringing new opportunities in the fields such as medicine, security, education and law enforcement, and has enormous potential to solve globaleconomy, medicine, education and could contribute to solving problems related to poverty and, inequality; whereas it also offers new possibilities to advance the transition process towards more sustainable and just societie and sustainability, increasing the potential of communication and offering a wide range of analytical tools applicable in all possible sectors;
Amendment 9 #
2022/2198(INI)
Motion for a resolution
Recital C
Recital C
C. whereas the digital transformation also entails significant challenges that will force us to review many of themight lead to reviewing concepts and norms that have hitherto underpinned our growth and social progress;
Amendment 13 #
2022/2198(INI)
Motion for a resolution
Recital D
Recital D
D. whereas in the EU, awareness of the challenges posed by the accumulation of power by foreign digital giants and of the EU lagging behind in the global digital race have been translated into political and legislative will; whereas the EU institutions have made the digital transition one of their priority areas of action and policy formulation, establishing rules in line with European values and principles and moving away from the path followed by other geographical areacountries such as the United States and China, among others;
Amendment 16 #
2022/2198(INI)
Motion for a resolution
Recital E
Recital E
E. whereas the transition to Web 4.0 anddigitalization is at the basis of the Web 4.0 and a key factor in the development of the virtual worlds are an indispensable part of the future of digitisation and a key building block for the completion of the digital single marketwhich should be integrated into the Digital Single Market without compromising it and imposing blockages;
Amendment 21 #
2022/2198(INI)
Motion for a resolution
Recital F
Recital F
F. whereas virtual worlds also entail significant risks affecting, insufficiently known and covered by scientific studies, potentially affecting the health of the end-users and raising challenges regarding the consumer protection and issues related to competition law, privacy and personal data protection, and cybersecurity;
Amendment 32 #
2022/2198(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Points to the lack of a universally recognised or agreed definition of virtual worlds as well as a lack of policy coordination at national level and considers that further work is needed in order to rectify this;
Amendment 35 #
2022/2198(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Underlines the need to make a clear difference between the digital instruments, augmented reality, immersive experiences, virtual reality and other possible emerging technologies, based on strong scientific studies and technical specificities, exploring the need for standardization of the sector;
Amendment 37 #
2022/2198(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Underlines that a true digital single market can contribute decisively to the development of virtual worlds; considers that a clear and, comprehensive but targeted regulatory framework is of vital importance; highlights and stresses the need to monitor potential fragmentation issues within the digital single market ensuring a level playing field that would allow the harnessing of the full potential of the virtual worlds enabling the economic growth;
Amendment 45 #
2022/2198(INI)
5. Welcomes the Commission’s commitment to monitor the development of virtual worlds; invites the Commission to draft a report on this subject every two years and to transmit it to Parliament and the Council; asks the Commission to pay attention to the potential emergence of problems in the Web 4.0 that already exist in the Web 3.0, such as the proliferation of fake news, spread of illegal content, infringement of intellectual property rights, cyberterrorism, sexual abuse of minors and cyberbullying, among others; calls the Commission to specially assess of all potential risks for consumers when using virtual worlds and all related technologies and which gaps in EU law exists with the objective to ensure an high level of consumer protection ;
Amendment 54 #
2022/2198(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Signals the positive as well as the negative potential impact of the new technologies and products on consumers, on their health, on their social and economic life; notes the growing number and variety of products linked to virtual worlds and economic investments made in the virtual world such us buying virtual assets, avatars and others; highlights the need to have targeted studies and extended consultation with experts in different fields, from economy to psychology to neuro-specialists, in order to develop a legislative framework fit for the purpose.
Amendment 60 #
2022/2198(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Signals also the positive impact that these developments willcould have on employment, including the creation of new jobs in domains such as virtual world architecture or content creation; highlights the importance of promoting the development of appropriate skills to ensure the supply of talented and skilled workers fit for these jobs in the EU, as well as of creating appealing conditions to keep EU talent, attract foreign talent and promote entrepreneurship and innovation in the territory of the EU;
Amendment 61 #
2022/2198(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Notes the possible development of a parallel economy, with different structures and monetary systems as well as the social barriers that might appear in the virtual environment due to the quality of products, the costs and the lack of control and regulations on the possible interactions amongst the participants of different environments;
Amendment 63 #
2022/2198(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Recalls that most companies leading the development of virtual worlds are established outside the EU; considers that the EU should take the lead in shaping virtual worlds as ecosystems in which European values and principles are respected and promoted, with users at their centre; signals the importance of fostering the creation of a level playing field and an appropriate policy framework that promotes the expansion of European small and medium-sized enterprises, innovation and growth; calls the Commission to engage in a dialogue with like-minded third countries and within the international fora to develop common approaches and to coordinate positions on virtual worlds ;
Amendment 73 #
2022/2198(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Acknowledges that multiple virtual worlds have been developed by different undertakings in the absence of open standardand common standards, regulations and interoperable platforms; considers that interoperability and open standards can contribute to the prevention of quasi- monopolies or abuses of dominant position to the detriment of consumers; welcomes the Commission’s commitment to engage with existing multi-stakeholder internet governance institutions to develop common governance standards and rules; supports the establishment of a technical multi- stakeholder forum for the development of technical standards to ensure interoperable virtual worlds;
Amendment 76 #
2022/2198(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Stresses the need to ensure that virtual worlds are open and accessible, contributing to the greater participation of people with disabilities in the new digital transitionenvironment; signals the potential of virtual worlds to increase the participation of people with disabilities in different activities such as virtual tourism, which offer the possibility of visiting virtual places without having to overcome the mobility barriers that traditional tourism requires; warns of the potential challenges that users with disabilities may face in interacting with virtual worlds, arising from inadequate accessibility features or designs that do not cater to their specific needs;
Amendment 84 #
2022/2198(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Believes that the debate over the need for the identification of users in virtual worlds should be a priority area in the development process of virtual worlds and that there should be a profound reflection on the possible configuration of this digital realityenvironment, bearing in mind that, in some cases, anonymity may be preferable; points out that anonymity in the digital worldenvironment is always possible under a username (alias), behind which there must always be an individual identifiable only by the competent authorities in case of need ;
Amendment 91 #
2022/2198(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Reiterates the importance of protecting users’ personal data and privacy; points out that the General Data Protection Regulation3 might not be enough to address theall challenges posed to data protection in virtual worlds; calls for greater attention to be paid to the data protection implications of user-generated content; _________________ 3 Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation), OJ L 119, 4.5.2016, p. 1.
Amendment 93 #
2022/2198(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12a. Underlines the voluntary participation in the virtual world and calls for the Commission to consider installing the right to permanent deletion so that the consumers can request for their data and profile to be erased from any applications, on-line games and virtual environments;
Amendment 95 #
2022/2198(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Warns about the potential health problems that may arise from accessing virtual worlds, such as addiction, cybersickness or disturbances in sleep patterns, especially among minors and young people; underlines the need of scientific studies in the case of intrusive new technologies that imply implants or other physical transformation of the consumers in order to access and interact with the virtual environment;
Amendment 105 #
2022/2198(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Recalls the potential of virtual worlds to offer unique experiences that can help minors develop their appetite for learning through, for example, learning through play, which can help them to develop skills in collaboration, communication, critical thinking, innovation and confidence; underlines the importance of protecting minors especially from digital addiction ,and also to protect them in virtual worlds, especially against abuse, harassment and bullying;
Amendment 108 #
2022/2198(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Underlines to necessity of educational programs to help children and young people adapt to the technological changes and to adopt an healthy and balanced approach combining the traditional social interaction with the time spent in the virtual environment also giving the parents the necessary tools to supervise and take informed decisions when allowing or involving their children in the virtual environment;
Amendment 5 #
2022/2171(INI)
Draft opinion
Recital A
Recital A
A. whereas many consumers are ready to change their purchasing patterns for sustainable options but can be misled by greenwashing practices;
Amendment 7 #
2022/2171(INI)
Draft opinion
Recital A a (new)
Recital A a (new)
Aa. whereas the textile sector includes over 160 000 producers, most of them SMEs, that have to respect 16 pieces of European legislation, several implementation methods and national legislation in 27 Member States;
Amendment 9 #
2022/2171(INI)
Draft opinion
Recital A b (new)
Recital A b (new)
Ab. whereas many producers from the textile industry expressed their interest in developing more sustainable and durable textiles and production technologies, willing to cooperate and find feasible solutions to the challenges brought by the Green Deal;
Amendment 11 #
2022/2171(INI)
Draft opinion
Recital A c (new)
Recital A c (new)
Ac. whereas market analyses show there is a gap between the intend and the purchasing behaviour, where many consumers still prioritize the price over quality and sustainability;
Amendment 15 #
2022/2171(INI)
Draft opinion
Recital B a (new)
Recital B a (new)
Ba. whereas non-harmonised legislation leads to a fragmented market and bureaucratic burdens that increases the difficulties on the sector especially on the SMEs working in the sector;
Amendment 19 #
2022/2171(INI)
Draft opinion
Recital B b (new)
Recital B b (new)
Bb. whereas the textile production sector, represented mostly by SMEs, was already under a lot of stress from social dumping due to very low production costs in third countries, more difficulties were added by the Covid-19 pandemic, the energy crisis, the inflation and the economic and social effects of the war in Ukraine;
Amendment 22 #
2022/2171(INI)
Draft opinion
Recital B c (new)
Recital B c (new)
Bc. whereas the bureaucratic burden and difficulties in registering new fibres and technologies are hindering the research and innovation that could lead to the development of a sustainable and durable sector;
Amendment 23 #
2022/2171(INI)
Draft opinion
Recital B d (new)
Recital B d (new)
Bd. whereas the transition to a sustainable sector will have a major impact on the costs of the textiles that will have to be covered by both the consumers and SMEs;
Amendment 24 #
2022/2171(INI)
Draft opinion
Recital B e (new)
Recital B e (new)
Be. whereas the online marketplaces function as a gate into the Single Market for many textiles that do not respect the legislation regarding chemicals in the European Union;
Amendment 26 #
2022/2171(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Recalls the paramount importance of protecting consumers by addressing over-use of plastic and chemicals in garments and misleading claims, and immediately withdrawing products that do not respect Union laws;
Amendment 28 #
2022/2171(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Underlines the importance of protecting the consumers from price escalation due to abrupt and radical changes of legislation and the necessity of swift adaptation of the production processes; calls for both impact assessments and market analyses to accompany the sustainability legislation;
Amendment 31 #
2022/2171(INI)
Draft opinion
Paragraph 2
Paragraph 2
Amendment 43 #
2022/2171(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Welcomes the introduction of the digital product passport in the proposal for a regulation on ecodesign requirements for sustainable products; believes that in order to be relevant this passport needs to be harmonized, available on the product itself and be easy to read; favours open and trustworthy data ensuring traceability down to factory level;
Amendment 49 #
2022/2171(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Believes that the digital product passport goes hand in hand with the simplification and harmonisation of existing labels to ensure that consumers receive coherent and reliable information on the environmental and social footprint of products and that the costs and bureaucracy of labelling are minimized;
Amendment 57 #
2022/2171(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Recalls that an increase of the production cost on the producers in the European Union, mostly SMEs, might lead to even more fragilisation of the sector and counteract the European economic autonomy that proved crucial during the Covid-19-pandemic; stresses the importance of a continuous dialogue with the sector and joined solutions for a realistic, feasible, and efficient sustainable transformation of the sector, as well as coherent legislation and achievable targets;
Amendment 58 #
2022/2171(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Believes that textile producers and brands should be drivers of sustainability by being transparent in their practices and respecting human rights and the environment, respecting human rights and the environment as well as the tradition of high quality European products; recalls the importance of incentivising the use of all natural and ecological fibres and textile raw materials, facilitating research and innovation and providing flexibility in registering new alternative fibres, technologies and production processes in the sector;
Amendment 62 #
2022/2171(INI)
Draft opinion
Paragraph 7
Paragraph 7
Amendment 72 #
2022/2171(INI)
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Stresses that low quality garments lead to a low lifecycle of the products and increase the textile waste; calls therefore that the industry receives sufficient support to adopt optional classification of the textiles based on durability and sustainability;
Amendment 74 #
2022/2171(INI)
Draft opinion
Paragraph 7 b (new)
Paragraph 7 b (new)
7b. Recalls that creativity and innovation are important components to the textile industry and in order to safeguard these components, the recycling requirements and future sustainable legislation should keep into account intellectual property rights, encouraging and incentivizing the creators to recycle the unsold products rather than destroy them;
Amendment 78 #
2022/2171(INI)
Draft opinion
Paragraph 8
Paragraph 8
Amendment 86 #
2022/2171(INI)
Draft opinion
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Recalls the importance of creating a feasible and sustainable recycling ecosystem, that includes SMEs and other economic actors, where the textiles and textile fibres are reused and recycled in both classic and innovative manners, transforming the recycling sector into to a profitable, environmentally-friendly industry;
Amendment 89 #
2022/2171(INI)
Draft opinion
Paragraph 9
Paragraph 9
9. Recalls the paramount importance of ensuring that market surveillance authorities have sufficient human and financial resources at their disposal. and that sufficient facilities and resources are in place to perform and increase proper chemical controls on national and regional levels in order to ensure consumer protection regarding the chemical substances limits in garments, especially in the products bought online from third country producers.
Amendment 2 #
2022/2149(INI)
Motion for a resolution
Citation 7 a (new)
Citation 7 a (new)
— having regard to its resolution of 7 July 2016 on the implementation of the Union Convention on the Rights of Persons with Disabilities, with special regards to the Concluding Observations of the UN CRPD Committee4a, _________________ 4a OJ C 101, 16.03.2018, p. 138
Amendment 39 #
2022/2149(INI)
Motion for a resolution
Recital F
Recital F
F. whereas parents play a key role inassociations represent the interest of the parents and play a key role in managing transport and canteens and delivering extracurricular activities and providing transport and other services;
Amendment 48 #
2022/2149(INI)
Motion for a resolution
Recital H a (new)
Recital H a (new)
H a. whereas progress has been made to strengthen the inclusion of students with disabilities and special needs and improve the ratio of students to support teachers, the resources provided to ensure effective inclusion differs markedly between schools and sites;
Amendment 92 #
2022/2149(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Requests that theUrges Member States to meet their obligations vis-à-vis the ESS in full, particularly with regard to the secondment of qualified teachers and the provision of adequate infrastructures (suitable premises, maintenance thereof and upgrades thereto), guaranteeing the standard of education and organisational aspects, as well as the safety, security and well-being of students and staff alike, and calls for a binding system of direct financial contributions to ensure greater flexibility for both the ESS and the Member States;
Amendment 104 #
2022/2149(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Calls on Member States to meet their obligations with regard to the secondment of qualified teachers, and calls on the BoG to resolve ongoing teacher shortages and ensure a stable and fair employment situation for all by retaining staff and reducing turnover, thereby avoiding a brain drain; calls, in this regard, for a strengthened employment package for seconded and locally recruited staff alike, with competitive remuneration, more equal salaries for nursery, primary and secondary teachers, clarity about employment status and stability, continuous professional development (CPD) and further career prospects in and beyond the ESS;
Amendment 139 #
2022/2149(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Requests the BoG and the OSG to boost inclusion and improve educational opportunities for all students, with a focus on class size and better catering for students with particular educational needs, including by considerably increasing the number of educational and psychological support staff in place and the provision of orientation and mentorship services; highlights that the surge in the number of students who need so-called Intensive Support A assistance should be matched with appropriate resources;
Amendment 143 #
2022/2149(INI)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17 a. Insists on the potential of personalised learning; calls on the BoG to implement a coherent and systematic inclusion policy avoiding rejection based on disability, to ensure reasonable accomodation and quality inclusive education for all students with disabilities or learning differences; urges for progress towards the recognition of their learning outcomes, for instance by way of certification or providing the end diploma; calls for reinforcing the existing frameworks for inclusion and introducting an Inclusion Index and more complete and reliable data; encourages the use of flexible curriculum and highly qualified teaching and support staff;
Amendment 146 #
2022/2149(INI)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17 a. underlines that the training, adequate remuneration and length of employment contracts are key instruments to ensure that support teachers and assistants provide quality, tailored and continued support to students with particular needs;
Amendment 148 #
2022/2149(INI)
Motion for a resolution
Paragraph 17 b (new)
Paragraph 17 b (new)
17 b. Notes that whilst the BoG Policy on the Provision of Educational Support and Inclusive Education has been defined centrally, its implementation remains unevenly implemented and depends on individual Schools; is concerned at cases of drop-outs of students with special needs who have not received adequate support or have been encouraged to leave the ESS;
Amendment 2 #
2022/2094(DEC)
Draft opinion
Paragraph 1
Paragraph 1
1. Notes the efforts of the Translation Centre for the Bodies of the European Union (‘the Centre’) to raise awareness of the importance of multilingualism for the agencies’ operations and to foster multilingual communication to reach out to Union citizens; encourages the Centre to pursue its efforts for a better outreach to citizens, especially in communicating the importance of multilingualism;
Amendment 3 #
2022/2094(DEC)
Draft opinion
Paragraph 1
Paragraph 1
1. Notes the efforts of the Translation Centre for the Bodies of the European Union (‘the Centre’) to raise awareness of the importance of multilingualism for the agencies’ operations and to foster multilingual communication to reach out to Union citizens; regrets, however, that in certain institutions not all EU languages are equally prioritised;
Amendment 5 #
2022/2094(DEC)
Draft opinion
Paragraph 2
Paragraph 2
2. Welcomes the drafting of a new business continuity policy in 2021 to prepare the Centre better for any future health crisis;
Amendment 9 #
2022/2094(DEC)
Draft opinion
Paragraph 5
Paragraph 5
5. Notes with satisfaction that in 2021 the Centre finalised the actions included in its 2019-2020 anti-fraud action plan, in particular by updating its processes concerning the detection and reporting of fraud; expects the Centre to continue its work on detecting and reporting fraud also in future;
Amendment 10 #
2022/2094(DEC)
Draft opinion
Paragraph 6
Paragraph 6
6. Regrets that the Centre is not yet in possession of an EMAS certificate; urges the Centre to initiate the EMAS registration procedure as soon as possible; notes with satisfaction the measures taken to reduce the space occupied and to save energy.save energy and its work towards bringing more sustainability to its working spaces;
Amendment 3 #
2022/2081(DEC)
Draft opinion
Paragraph 1
Paragraph 1
1. Notes that 2021 was the first implementation year of the 2021-2027 MFF and that the legal bases of the new Erasmus+, Creative Europe and European Solidarity Corps programmes were formally adopted in May 2021; welcomes the various measures taken in those programmes in favour of inclusion as well as to support Ukrainian refugees, especially young people;
Amendment 17 #
2022/2081(DEC)
Draft opinion
Paragraph 6
Paragraph 6
6. Encourages DG Connect to implement as soon as possible the European Court of Auditors’s open recommendation to adopt a media literacy strategy with clear indicators to systematically measure the impact of literacy actions and underlines the need to continue the fight against disinformation;
Amendment 20 #
2022/2081(DEC)
Draft opinion
Paragraph 8
Paragraph 8
8. Notes the progress made regarding personal data protection for beneficiaries of and participants in Erasmus+ and the European Solidarity Corps, however noting the need to further reduce bureaucracy in project implementation;
Amendment 7 #
2022/2059(INI)
Motion for a resolution
Citation 32 b (new)
Citation 32 b (new)
— having regard to the ECA Special report Climate spending in the 2014-2020 EU budget,
Amendment 10 #
2022/2059(INI)
Motion for a resolution
Recital A a (new)
Recital A a (new)
Aa. whereas the EU committed to spending at least 20 % of the 2014-2020 MFF on climate action, declaring having spent €216 billion (20.1%) on climate- relevant measures; whereas the 2021- 2027 EU budget includes an increased target of 30% on climate action;
Amendment 17 #
2022/2059(INI)
Motion for a resolution
Recital E
Recital E
E. whereas the density of waste has more than doubled in thirty years; whereas the improper management and treatment of waste from rivers and urban areas make the Mediterranean the area with the sixth largest accumulation of marine litter in the world; whereas several EU funded programmes have greatly contributed to reducing waste in the Mediterranean such as H2020 Initiative for a Cleaner Mediterranean, as well as actions in the framework of the Union for the Mediterranean;
Amendment 21 #
2022/2059(INI)
Motion for a resolution
Recital E
Recital E
E. whereas the densquantity of waste has more than doubled in thirty years; whereas the improper management and treatment of waste from rivers and urban areas make the Mediterranean the area with the sixth largest accumulation of marine litter in the world;
Amendment 22 #
2022/2059(INI)
Motion for a resolution
Recital F
Recital F
F. whereas the impact of maritime transport in the Mediterranean, which carries 20 % of the world’s trade in an area which makes up only 1% of the world´s ocean, which through the Mediterranean, generates between 100 000 and 200 000 tonnes per year of intentional hydrocarbon discharges; whereas industrial activities and intensive farming result in run-off into rivers and contamination of groundwater, and contribute, along with offshore oil and gas refineries, to worsening sea pollution in the whole basin;
Amendment 23 #
2022/2059(INI)
Motion for a resolution
Recital F
Recital F
F. whereas the impact of maritime transport, which carries 20 % of the world’s trade through the Mediterranean, generates between 100 000 and 200 000 tonnes per year of intentional hydrocarbon discharges; whereas industrial activities and intensive farming may result in run-off into rivers and contamination of groundwater, and may contribute, along with offshore oil and gas refineries, to worsening sea pollution in the whole basin;
Amendment 30 #
2022/2059(INI)
Motion for a resolution
Recital H
Recital H
H. whereas the Mediterranean basin is warming 20 % faster than the global average; whereas global warming will cause severe consequences that must be anticipated; whereas sea levels could rise up to 25 cm by 2040–2050; whereas meeting the Paris Agreement limit of 1.5 °C of warming calls for a halving of the EU’s energy demand by 2050 compared to 2015 levels and requires the other countries of the Mediterranean area to contribute through increased cooperation;
Amendment 47 #
2022/2059(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Deplores the continuous degradation of the environment in the entire Mediterranean basin, the loss of biodiversity and the increasing air and marine pollution;
Amendment 54 #
2022/2059(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Calls on Managing Authorities to use Cohesion Funds to invest in technologies and infrastructure to recover materials from residual waste for circular economy purposes in cities and urban nodes on the coast and on rivers flowing into the Mediterranean Sea, in order to reduce the discharge of waste into the sea;
Amendment 66 #
2022/2059(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Highlights the potential of all the Mediterranean regions for the development of onshore and offshore renewable energy sources and for a just and inclusive ecological transition;
Amendment 68 #
2022/2059(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Underlines that SMEs can contribute to finding innovative solutions not only for the deployment of renewable energies, circular and blue economy; considers that further simplification should be promoted to ensure that SMEs across all European regions access Cohesion Funds;
Amendment 75 #
2022/2059(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Recalls that overfishing is stillremains a threat to the survival of many species; is convinced that the development of a blue economy can support sustainable and inclusive development and quality jobs; calls on the Commission to continue to monitor data on stocks and to carry out impact assessments before taking decisions aimed at limiting fishing quotas;
Amendment 83 #
2022/2059(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Draws attention to the negative impacts caused by mass tourism due to its seasonality and its uncontrolled urban development (such as cruises, new polluting leisure activities); considers that seasonal tourism can lead to seasonal vulnerabilities such as differences in financial resources between the high and low tourist seasons; highlights, therefore, the need to diversify the economy of these areas by strengthening their secondary sectors in order to achieve a good balance and a diverse labour market; calls on the Member States and Regions to devise sustainable tourism action plans in consultation with stakeholders and civil society and in line with a future European roadmap for sustainable tourism, and to make full use of the Next Generation EU funds and Structural Funds to finance the tourism transition action plans;
Amendment 91 #
2022/2059(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12a. Urges Member States to invest Cohesion Funds in remedying ecological disasters that have taken place in the Mediterranean such as the one occurred in El Mar Menor; calls on Member States and the Commission to monitor areas in danger of becoming an ecological disaster and mitigate the impact with Cohesion funds;
Amendment 95 #
2022/2059(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Calls on Member States to adopt measures to mitigate the effects of heatwaves and droughts in coastal areas, which are expected to become more frequent in the context of climate change and which threaten human life and biodiversity; calls on the Commission to put forward a proposal for a strengthened Solidarity Fund;
Amendment 1 #
2022/2047(INI)
Motion for a resolution
Citation 1 a (new)
Citation 1 a (new)
— having regard to the Final Declaration approved on 28-30 September 2022 by the UNESCO World Conference on Cultural Policies and Sustainable Development - MONDIACULT 2022,
Amendment 14 #
2022/2047(INI)
Motion for a resolution
Recital A
Recital A
A. whereas the 2018 Commission communication on a new European agenda for culture (COM(2018)0267) and the 2016 Joint Communication towards an EU strategy for international cultural relations (JOIN(2016)0029) have played a decisive role in shaping the EU’s and Member States’ cultural policies, both in their national and international dimension;
Amendment 26 #
2022/2047(INI)
Motion for a resolution
Recital B
Recital B
B. whereas the 2018 European Year of Cultural Heritage promoted culture and cultural heritage; as "a shared source of remembrance, understanding, identity, dialogue, cohesion and creativity for Europe"; whereas the general objectives of the Year were to “encourage and support the efforts of the Union, the Member States and regional and local authorities, in cooperation with the cultural heritage sector and broader civil society, to protect, safeguard, reuse, enhance, valorise and promote Europe's cultural heritage" 1a; _________________ 1a OJ L 131, 20.5.2017, p. 1
Amendment 40 #
2022/2047(INI)
Motion for a resolution
Recital D
Recital D
D. whereas the impact of the COVID- 19 pandemic on the European CCSI has been dramatic but has been uneven across sectors; whereas site-based activities have been heavily affected by lockdowns, travel restrictions and other necessary sanitary measures, while sectors with a stronger digital capacity were in a better position to face the crisis;
Amendment 46 #
2022/2047(INI)
Motion for a resolution
Recital D a (new)
Recital D a (new)
Da. whereas public support measures contributed to mitigating the impact of COVID-19 pandemic, varying widely between Member States, but did not always take into account the specific nature of employment schemes in the CCSI; whereas different legislative systems deepened the already existing inequalities between CCSI across the EU, hindering cultural diversity and cultural collaboration across Member States;
Amendment 48 #
2022/2047(INI)
Motion for a resolution
Recital D b (new)
Recital D b (new)
Db. whereas in its Resolution on the cultural recovery of Europe, the Parliament called for an investment of 2% of the Recovery and Resilience Facility in the CCSI and reiterated the importance of appropriate investments in the EU cultural agenda; whereas only 16 Member States have included culture in their National Recovery and Resilience Plans and in most cases the investments and reforms are insufficient; whereas the 2% target has been met on average at the EU level, but the majority of Member States stays well under this figure;
Amendment 54 #
2022/2047(INI)
Motion for a resolution
Recital E a (new)
Recital E a (new)
Ea. whereas cultural participation can be intended both as passive partaking and as active creation, regardless of the level - amateur or professional - to which the activity is undertaken; whereas both active and passive cultural participation have numerous economic, social and health benefits;
Amendment 60 #
2022/2047(INI)
Motion for a resolution
Recital G
Recital G
G. whereas the arts and artistic disciplines are important components of education; and enablers of both formal, informal and non-formal education; whereas learning through and about arts and artistic disciplines contributes to the development of learners’ educational and social skills and competences, as well as developing creative thinking and transversal and transferrable skills;
Amendment 76 #
2022/2047(INI)
Motion for a resolution
Recital I
Recital I
I. whereas cultural relations are commonly defined3a as reciprocal, non- coercive, transnational interactions between two or more cultures, encompassing a range of activities that are conducted both by state and non-state actors; within the space of cultural and civil society; whereas the overall outcomes of cultural relations are greater connectivity, better mutual understanding, more and deeper relationships, mutually beneficial transactions and enhanced sustainable dialogue between states, peoples, non-state actors and cultures, building therefore more resilient societies; _________________ 3a British Council and Goethe Institut, Cultural Value - Cultural Relations in Societies in Transition: A Literature Review (2018), p. 7
Amendment 77 #
2022/2047(INI)
Motion for a resolution
Recital J
Recital J
J. whereas cultural diplomacy relates to states liaising with other states or their peoples through the medium of culture, with a dominance of the governmental and one-way advocacy perspective; over the mutual benefits and dialogue perspective; whereas cultural diplomacy is influenced by the politics inherent in foreign policy, is accountable to relevant state institutions and can be instrumentalised to support policy objectives4a; _________________ 4a Rivera T., Distinguishing Cultural Relations From Cultural Diplomacy: The British Council’s Relationship With Her Majesty’s Government, Figueroa Press (2015), p. 9-10
Amendment 96 #
2022/2047(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Welcomes the strengthening of the Creative Europe 2021-2027 programme, notably the doubling of the budget compared to its predecessor, and the stronger emphasis on cultural diversity, inclusion, mobility, transnational creation and policy cooperation, and the digitalisation, greening and resilience of the CCSI; insists, though, on the need to ensure an adequate level of financing through a forthcoming revision of the MFF;
Amendment 104 #
2022/2047(INI)
3. Notes with satisfaction that synergies between different EU policies and programmes are being developed; encourages the Commission to continue harnessing these synergiespromoted, notably through Creative Europe, Horizon Europe, Erasmus+, the New European Bauhaus (NEB) and others; encourages the Commission to continue harnessing these synergies, with a view to maximising their positive effects, both in terms of substance and availability of funding; particularly, welcomes the mainstreaming of cultural heritage into other positions and policies of the EU;
Amendment 107 #
2022/2047(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Insists that freedom of artistic expression must remain guaranteed for all creators; invites the Commission to integrate freedom of artistic expression as self-standing indicator of the respect of the rule of law in its annual reports; invites the Commission and the EEAS to explore concrete paths to uphold the freedom of artistic expression of artists at risk, especially as consequences of wars and geopolitical instability;
Amendment 113 #
2022/2047(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Welcomes the setting up of the Voices of Culture Structured Dialogue (SD); encourages more frequent and systematic exchanges between the SD and the OMC(SD), providing a platform for civil society organisations (CSOs) in the cultural sector to engage with the Commission and the OMC; encourages more frequent and systematic exchanges between the members of the SD and the OMC; calls on the Commission and the Member States to regularly follow-up on the recommendations put forward in final reports, conferences, workshops, and any other event organised within the OMC and SD structures; encourages the Member States to follow up on those recommendations with concrete policy changes and action plans;
Amendment 117 #
2022/2047(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. In line with the Parliament resolution on the European Year of Cultural Heritage6a, asks the Commission and the Member States to review and update the European Framework for Action on Cultural Heritage in order to ensure the protection of cultural heritage in post-pandemic Europe; stresses that it is important to continue building on this legacy with the appropriate resources; _________________ 6a OJ C 456, 10.11.2021, p. 24–33
Amendment 124 #
2022/2047(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Encourages the Member States to promote and invest in citizens’both active and passive participation of people in cultural and artistic activities, not only via communication and outreach campaigns, but also and predominantly via coherent, comprehensive policy measures and incentives, with a particular focus on sub- urban, rural and peripheral areas and marginalised socio-economic communities and disadvantaged and vulnerable groups; invites the Member States to integrate cultural participation objectives in policy-making beyond cultural policy;
Amendment 136 #
2022/2047(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Stresses that data collection should be considered as a key cross-cutting priorities in the new Council Work Plan for Culture; in this regard regrets that the latest available data collected by Eurostat on cultural participation date back to 2015; given the drastic change that CCSI have undergone since then, notably due to theCOVID-19 pandemic as well as innovative technological developments, invites the Commission to set up a Eurostat survey on cultural participation and trends in the EU, collecting and analysing statistical data at different territorial scales (national, regional, etc.), with special attention to participation in sub-urban, rural and peripheral areas and within marginalised socio-economic communities and disadvantaged and vulnerable groups;
Amendment 139 #
2022/2047(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Acknowledges the work undertaken by the Commission to harness the power of culture and cultural diversity for social cohesion and well-being, such as the workshop for the experts of the EU Member States on culture for social cohesion in November2020; recommends building on the outcomes and lessons learned from all relevant projects and workshops;
Amendment 145 #
2022/2047(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Calls on the Commission and the Member States to ensure the inclusion of the most disadvantaged groups in cultural activities and initiativemarginalised and underrepresented groups in cultural activities and initiatives, with the ultimate objective of fostering a sense of belonging among all people, particularly young people, and encouraging them to feel more European via their participation in cultural activities fostering their knowledge of EU values; welcomes in this regard the launch of an independent study entitled “The importance of citizens’ participation in culture for civic engagement and democracy - policy lessons from international research”, and looks forward to its publication in November2022; encourages the Commission to share the results of the study and take the appropriate follow-up actions;
Amendment 158 #
2022/2047(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Encourages the Member States to recognise the role of the arts and culture in the promotion of a healthy lifestyle and mental well-being, as well as in forming part of a complete psychosocial support for the most vulnerable and disadvantaged groups and communities;
Amendment 167 #
2022/2047(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Underlines the fundamental importance of culture for the development of the individual’s identity and overall individual and societal well-being as well as in the education of children and young people, especially as it contributes to their understanding of society;
Amendment 171 #
2022/2047(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Expresses concern about the common narrowing of school curricula, which tend to relegate arts and artistic disciplines in a more marginal position compared to other subjects; urges Member States to allocate the appropriate financial and human resources and incentives to arts and artistic disciplines as curricular as well as extra-curricular activities; urges the Commission to move beyond a “STEM approach” and fully adopt a “STEAM approach” (Sciences, Technologies, Engineering, Arts, and Mathematics) instead;
Amendment 181 #
2022/2047(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Recalls the importance of mutual recognition and cross-border portability of artistic competences and creative skills and qualifications to facilitate cross-border mobility of workers in the CCSI;
Amendment 186 #
2022/2047(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Welcomes the establishment of the Culture Moves Europe mobility scheme for professionals in the CCSI under Creative Europe; regrets, however, that administrative and financial obstacles to mobility still remain; calls for the promotion of cross-border approaches to culture and the search for European partners for the creation of major European cultural co-productions and residencies programmes, with the objective of fostering the mobility of artists and creators by reinforcing cooperation of all involved actors and exchanges of best practices, including with non-EU countries;
Amendment 190 #
2022/2047(INI)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. Calls on the Commission and the Member States to strengthen their efforts to provide quality information on mobility and exchange programmes for artists and other cultural professionals and practitioners, as well as material support to tackle all kinds of obstacles to mobility in the CCSI, including administrative, financial and linguistic obstacles, as well as obstacles linked to disability;
Amendment 192 #
2022/2047(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Considers that the professionalworkers in the CCSI, having been seriously hit by the COVID-19 pandemic, must benefit from a genuine European recovery, particularly given the fact that this atypical sector is composed mostly of individuals as well as micro and small sized organisations and companies, often depending on irregular income and lacking long-term financial predictability;
Amendment 204 #
2022/2047(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Recalls, however, that the heterogeneity of public investments leads to the CCSI recovering at different speeds, causing increased disparities within the EU’s cultural ecosystem and threatening Europe’s cultural diversity; underlines that the recovery of the CCSI must go hand-in-hand with the ongoing efforts towards increased sustainability and digitalisation;
Amendment 215 #
2022/2047(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Notes with regret that the procedures to apply for EU funding are often burdensome; calls on the Commission to further simplify these procedures, including those for the Creative Europe programme, are often still too burdensome and create unnecessarily obstacles for all potential beneficiaries, especially micro and small sized organisations in the CCSI, whose administrative capacities are limited, with regards to organisations both in Europe and in third countries; therefore calls on the Commission to further simplify these procedures to allow a wider pool and variety of organisations to have access to EU funding;
Amendment 221 #
2022/2047(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Asks the Commission to respect the principle of multilingualism when adapting these procedures, permitting applications in all 24 official languages of the EU in order to allow a fair chance to organisations and individuals who do not have the capacity or means to ensure translation into English;
Amendment 225 #
2022/2047(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Welcomes the recent setting-up of ‘cascade funding’; invites the Commission to further develop such schemes; as a means to better reach all beneficiaries, especially individuals and small- and medium-sized organisations; invites the Commission to further develop such schemes in all programmes of relevance to the CCSI; advises the Commission to consider, when setting up such schemes involving intermediary organisations, the issues of potential conflict of interest between the intermediary and the final recipients, the overhead costs for intermediaries in the logistics and administration of the grants, the criteria for selection and final evaluations of the grants;
Amendment 226 #
2022/2047(INI)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17a. Calls on the Commission and Member States to ensure that EU and national cultural policies and initiatives are backed by sufficient funding and capacities, in order to move beyond a crisis-management approach and adopt instead a long-term strategy for cultural policies;
Amendment 228 #
2022/2047(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Recalls the Commission’s key objective of accompanying the development of creative partnerships between the cultural and other sectors such as ICT, research and development, urban planning and sustainable tourism, to reinforce the social and economic impact of investments in culture and creativity, in particular towards the promotion of growth and jobs and the development and attractiveness of regions and cities; notes in particular the positive contribution of the EU Digital Innovation Hubs and the Creative Innovation Labs, which support European industries in their innovation capacity respectively in the digital and audiovisual areas;
Amendment 229 #
2022/2047(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Highlights the success of the European Capitals of Culture initiative with respect to the development of cities and regions across the EU and associated countries; welcomes the Commission’s Cultural and Creative Cities Monitor, developed by the Joint Research Centre, which contributes to objectively assessing the cultural and natural assets of regions and cities, based on the link between culture and tourism; encourages the Commission to follow up on the Cultural and Creative Spaces and Cities policy project, to promote cultural participation and social and urban regeneration;
Amendment 232 #
2022/2047(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Advises the Commission and the Member States to build on the recommendations of the OMC report on Sustainable Cultural Tourism to ensure the correct balance is achieved between safeguarding and conserving cultural heritage on the one hand and enhancing visitor access and facilities on the other; at the same time, urges the Member States to remain vigilant on the risks of mass tourism for cultural heritage as well as natural ecosystems;
Amendment 237 #
2022/2047(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Acknowledges the important contribution of the New European Bauhaus initiative, which aims to deliver the EU’s Green New Deal targets by bridging the worlds of science, technology, art and culture, mainstreaming environmental sustainability throughout all EU policies;
Amendment 245 #
2022/2047(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Highlights the vast contribution that the arts and culture make to raising awareness of environmental, climate and sustainability issues, and inspiring positive behavioural change; particularly, recalls that traditional knowledge, which constitutes part of cultural heritage, is key to enhancing climate change mitigation and adaptation efforts;
Amendment 255 #
2022/2047(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Encourages the Commission, the European External Action Service (EEAS) and the Member States to design their cultural programmes in line with the principles of environmental sustainability and the fight against the climate crisis; , and assess the environmental impact of all EU-funded projects throughout their life cycle; recommends stakeholders and beneficiaries of EU funding to seek the most environmentally-friendly methods and approaches in the design, planning and implementation of their projects;
Amendment 259 #
2022/2047(INI)
Motion for a resolution
Paragraph 23 a (new)
Paragraph 23 a (new)
23a. Welcomes the OMC report on “Strengthening Cultural Heritage Resilience for Climate Change – Where the European Green Deal meets Cultural Heritage” and encourages the Commission and Member States to actively follow up on the recommendations and avail of the good practice examples;
Amendment 262 #
2022/2047(INI)
23b. Points out that special attention should be given to sustainability issues during the restoration of cultural heritage and traditional buildings; emphasises the need for further exchanges of best practices between Member States as well as with third countries on innovative measures to improve the energy efficiency of existing buildings, while preserving their architectural interest or historic character;
Amendment 263 #
2022/2047(INI)
Motion for a resolution
Paragraph 23 c (new)
Paragraph 23 c (new)
23c. Welcomes the inclusion of the “Culture, Creative & Inclusive Society” cluster within Horizon Europe and the increase of calls on research and innovation in the field of cultural heritage and the CCSI, and welcomes the recent launch of the new European Institute of Innovation and Technology (EIT)’s Knowledge and Innovation Community (KIC) on Culture and Creativity; looks forward to the results of these calls for proposals, particularly the contribution that research and innovation can make to developing European ICR;
Amendment 264 #
2022/2047(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Acknowledges digitalisation as a means of maximising the benefits of cultural heritage; stresses the challenges imposed by digitalisation on the CCSI and their need for constant rethinking and reshaping business models; emphasises the importance of guaranteed funding for digitalisation, preservation and online availability of cultural and creative content and our European cultural heritage; Recalls the importance of investing in digital literacy for all, including as a means to enjoy culture;
Amendment 271 #
2022/2047(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
Amendment 275 #
2022/2047(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
26. Considers that culture makes a key contribution to fostering mutual understanding and restoring communication on the international stage in challenging global contexts; highlights the role of the EU in promoting a continuous dialogue on cultural policies between its Member States and third countries;
Amendment 283 #
2022/2047(INI)
Motion for a resolution
Paragraph 27
Paragraph 27
27. Points out the difference in terms of decision-making processes, programme design and implementation, and overall philosophy between ‘cultural relations’ and ‘cultural diplomacy’; underlines that both approaches can coexist and complement each other but that each ultimately serves a different purpose;
Amendment 288 #
2022/2047(INI)
Motion for a resolution
Paragraph 28
Paragraph 28
28. Regrets the lack of a clear and coherent strategy for iInternational cCultural rRelations (ICR); strongly encourages the Commission and the EEAS to develop coherent strateg, in collaboration with the EUNIC Clusters and CSOs in third countries, coherent strategies, including defining a common shared understanding of what constitutes ICR and steps towards their implementation, to be endorsed by the Member States and to be implemented by the EU Delegations in third countries;
Amendment 292 #
2022/2047(INI)
Motion for a resolution
Paragraph 29
Paragraph 29
29. UWelcomes the recommendations published by the Voices for Culture SD on ICR and invites the Commission, the EEAS and the Member States to take these into due account when developing their ICR strategies; particularly, urges the Commission, the EEAS and the Member States to apply a bottom- up, human rights, and a people-to-people approach when building their cultural relations with third countries outside the EU; , and to design and implement their ICR strategy and project programming taking into account the needs and demands of their partner countries and local communities, while treating them as equal partners; stresses that such strategies should answer to the needs and specific political and socio-economic situation of each partner country or region, rather than being the product of a ‘one size fits all’ approach;
Amendment 296 #
2022/2047(INI)
Motion for a resolution
Paragraph 29 b (new)
Paragraph 29 b (new)
29b. Praises the work done by the Member States’ cultural institutes and organisations and by the EUNIC Clusters in third countries; encourages further cooperation between them and the development of their network with local CSOs, with a particular attention to be given to smaller Member States and Member States with limited or no cultural visibility abroad, and to their cultural representation needs;
Amendment 297 #
2022/2047(INI)
Motion for a resolution
Paragraph 30
Paragraph 30
30. Welcomes the fact that several Commission and EEAS units are engaging in cross-cutting work on ICR; calls on the Commission and the EEAS to improve the coordination mechanisms between the entities concerned, including through the creation of more coherent and streamlined working methods, in order to maximise efficiency, avoid overlapping actions and ensure institutional memory;
Amendment 299 #
2022/2047(INI)
Motion for a resolution
Paragraph 31
Paragraph 31
31. Welcomes the creation of cultural focal points in EU dDelegations; encourages the EU dDelegations to strengthen their role and integrate them under their political teams, rather than their communications and events teams; calls for the allocation of the necessary budgetary and personnel resources to the EU’s ICR and cultural diplomacy teams in the Commission and EEAS headquarters, as well as in the EU delegationDelegations, in order to facilitate cultural cooperation with local actors and academia in third countries;
Amendment 304 #
2022/2047(INI)
Motion for a resolution
Paragraph 32
Paragraph 32
32. Encourages the Member States and the EEAS to integrate coaching on cultural policies, ICR and cultural diplomacy in the training of all their diplomatic staff, in order to raise awareness amongst diplomats of ICR as a key, independent field within public diplomacy, and build the appropriate political and policy competences in the field of ICR and cultural diplomacy; looks forward to the results of the newly launched European Diplomatic Academy based on a European Parliament pilot project and to the publication in November of the feasibility study commissioned by the EEAS;
Amendment 310 #
2022/2047(INI)
Motion for a resolution
Paragraph 33
Paragraph 33
33. Welcomes the initialfirst results of the Preparatory Action European Spaces of Culture; invites the Commission to continue funding itEuropean Spaces of Culture Preparatory Action; underlines the positive outcomes of the innovative collaboration models undertaken by the project partners, based on a call for ideas co-created with local stakeholders in the spirit of equal partnership; invites the Commission to continue funding this highly successful action; encourages cultural actors in the EU and third countries to explore further modalities of collaboration, such as co- creation of joint works of art, to foster mutual understanding;
Amendment 311 #
2022/2047(INI)
Motion for a resolution
Paragraph 34
Paragraph 34
34. Insists on the need to step up the fight against illicit trafficking in cultural goods; welcomes the recent Commission consultation in preparation of a new Action Plan to provide a clear, comprehensive and effective framework to the EU contribution to fight illicit trafficking of cultural goods, aiming at disrupting criminal activities and protecting cultural heritage in the internal market, as part of the EU strategy on organised crime;
Amendment 320 #
2022/2047(INI)
Motion for a resolution
Paragraph 36
Paragraph 36
36. Recalls the importance of promoting culture as a facilitator of sustainable development, which brings high potential for social and economic growth; calls on the Commission to facilitate the contribution of cultural actors to sustainable development through their active participation in regular dialogue, professional networks and multi-stakeholder partnerships, as well as through NDICI-funded actions in the area of culture;
Amendment 324 #
2022/2047(INI)
Motion for a resolution
Paragraph 37
Paragraph 37
37. Recalls that, within the SDGs, promoting and safeguarding culture is both an end in itself and, notably as enshrined in targets 4.7, 8.9 and 11.4, as well as a key contributor to the implementation of the UN 2030 UN Agenda for Sustainable Development; highlights the transversal nature of culture and cultural projects, which enables them to contribute positively to the achievement of all SDGs; invites the Commission, EU Delegations to third countries and the Member States to explore further the interlinkages between culture and cultural policies and the achievement of all SDGs;
Amendment 332 #
2022/2047(INI)
Motion for a resolution
Paragraph 38
Paragraph 38
38. Highlights the potential of culture and tangible and intangible cultural heritage as a vector of peace, reconciliation and conflict prevention; recalls that the destruction of cultural heritage may constitute a war crime, and in this respect recalls the Responsibility to Protect commitments undertaken by the Member States including in respect of protection of cultural heritage in the aftermath of as well as during armed conflicts;
Amendment 337 #
2022/2047(INI)
Motion for a resolution
Paragraph 38 a (new)
Paragraph 38 a (new)
Amendment 3 #
2022/2046(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Reiterates its concern as regards the significant delay in the implementation of cohesion policy for the 2021-2027 period, as well as its call for the Commission and the Member States to speed up the adoption of the partnership agreements and programmes, without undermining their quality and while respecting the EU’s political priorities and the applicable principles; calls on the Member States to ensure that local authorities are included in the design and implementation of all programmes; reiterates the need for special consideration to be given to less-developed regions and island, islands, outermost regions and rural, remote and depopulated areas in this context;
Amendment 12 #
2022/2046(INI)
Draft opinion
Paragraph 2 b (new)
Paragraph 2 b (new)
2 b. Welcomes the European care strategy as a new initiative with a strong gender dimension; calls on the Commission for a dedicated investment package to promote the EU care sector and care economy as well as to ensure coordination among the different programmes and initiatives towards an effective implementation of the strategy;
Amendment 14 #
2022/2046(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Underlines the necessity of providing the regions with appropriate financial means in order to deal with the waves of migration caused by the Russian aggression against Ukraine and its multifaceted consequences; recalls the pressing energy and food security concerns, and emphasises the need to address the grave difficulties that the current rise in energy costs is causing for the regionspeople, and to identify suitable financial instruments to deal with them at a regional ledirectly accessible at a regional level; stresses the need to further strengthen the Union’s solidarity capacities in times of crisis, and calls on the Commission to put forward a legislative proposal establishing a Ukrainian crisis Adjustment Reservel;
Amendment 24 #
2022/2046(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Calls for a significant increase in the European Union Solidarity Fund (EUSF) budget, which would help regions to anticipate and mitigate the effects of climate change, and for the scope of the EUSF to be broadened, so that it can also support more climate-resilient restoration or construction of public and private infrastructure; stresses the importance of the social dimension of the green transition and the need to provide targeted support to the regions, industries, workers and households facing the biggest challenges;
Amendment 30 #
2022/2046(INI)
4 a. Stresses the role of urban areas in tackling the climate emergency, reiterates the need for further funding opportunities for cities to implement programmes locally; reminds that EUR 400 000 000 of the resources for the Investment for jobs and growth goal shall be allocated to the EuropeanUrban Initiative under direct or indirect management by the Commission as laid out in Regulation (EU) 2021/1058, calls for the European Urban Initiative to begiven a greater budget and scope, in order to support the delivery of the Urban Agenda in the next programming period;
Amendment 33 #
2022/2046(INI)
Draft opinion
Paragraph 4 b (new)
Paragraph 4 b (new)
4 b. Recalls that among the many inequalities exposed by the COVID-19 pandemic, the digital divide is a serious one; highlights the need to allocate sufficient funds for the development of digital skills; calls for digital inclusion to be recognised as a right for all generations and for a clear commitment to achieve universal internet connectivity;
Amendment 2 #
2022/2038(INI)
Motion for a resolution
Citation 3 a (new)
Citation 3 a (new)
— having regard to the Council conclusions of 4 April 2022 on building a European Strategy for the Cultural and Creative Industries Ecosystem,
Amendment 6 #
2022/2038(INI)
A a. whereas the Directive plays a key role in structuring the European audiovisual ecosystem by pursuing the objectives of creativity and diversity, and is thus a cornerstone of the implementation of Article 167 TFUE;
Amendment 19 #
2022/2038(INI)
Motion for a resolution
Recital D
Recital D
D. whereas, in light of the omnipresence of digital media services and of the profusion of information sources on the internet, the acquisition of media literacy by children and adolescents, as well as by adults, is an indispensable basic skill , which, in addition to functional understanding, must include the ability for critical (self- )reflection regarding media usage patterns;
Amendment 20 #
2022/2038(INI)
Motion for a resolution
Recital D a (new)
Recital D a (new)
D a. whereas Article 13(2) of the Directive allows Member States to impose obligations to finance European works on audiovisual media services established in another Member State but operating on their territory; whereas this financing may take the form of a contribution to the national film funds, and of direct investment in European works; whereas 14 Member States have decided to introduce this obligation;
Amendment 23 #
2022/2038(INI)
Motion for a resolution
Recital D b (new)
Recital D b (new)
D b. whereas European works, as defined in Article 1 of the Directive, are defined to include works originating from the Member States but also from third countries, subject to certain conditions; whereas the current definition of European works does not include any mandatory criteria relating to direct and indirect European control of the production company, or to intellectual property rights;
Amendment 41 #
2022/2038(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Calls on the Commission to promptly take the necessary measures to address the shortcomings and prevent any abuse of rights in the application of Article 2(4) of the Directive;
Amendment 66 #
2022/2038(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Encourages Member States to better use and exploit the opportunities that can arise from the appropriate promotion of audiovisual media services of general interest; suggests, furthermore, that ERGA should help to develop guidelines in this regard, with a view to a harmonised European approach, based on an analysis of best practices; believes that progress could be made towards an obligation of prominence for general interest audiovisual media services, under the condition that the scope and understanding of the general interest content is harmonised and does not go against EU values;
Amendment 74 #
2022/2038(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Points out, in this regard, that services or content of general interest are deliberately not limited to public service media but also include content provided by commercial media service providers aimed at meeting social, democratic and cultural needs, as they may represent a greater diversity of views on the political spectrum;
Amendment 84 #
2022/2038(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
Amendment 99 #
2022/2038(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12 a. Considers that the introduction of minimum quotas for European works are a useful tool to promote the creation and access to European works; considers it necessary to ensure regular monitoring of the percentage of European works in catalogues and to adjust the level of obligation if necessary, with a view to ensure the presentation of a diversity of works;
Amendment 102 #
2022/2038(INI)
Motion for a resolution
Paragraph 12 b (new)
Paragraph 12 b (new)
12 b. Affirms that the definition of European works, both in its geographical scope and in its criteria relating to the production of the work, must effectively serve primarily the promotion of works produced in the European Union and whose exploitation benefits companies established in the Union; in this respect, recalls that the European Commission has planned to publish a Media Outlook to study the major media trends and analyse their impact on media markets and business models; regrets that this report could not be published in due time; considers that, should the Media Outlook data show a major imbalance, the definition of European works could be adapted so that the quotas better reflect the above-mentioned objectives;
Amendment 108 #
2022/2038(INI)
Motion for a resolution
Paragraph 12 c (new)
Paragraph 12 c (new)
12 c. Welcomes the transposition by several Member States of the possibility of having European works financed by video-on-demand services operating in their territory; considers that one way of making this mechanism even more virtuous would be to channel this funding towards independent producers respecting the European copyright framework as well as national authors’ and performers’ rights;
Amendment 139 #
2022/2038(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Considers that equating a season of a series with one title, as set out in the guidelines pursuant to Article 13(7) of the Directive on the calculation of the share of European works in on-demand catalogues, does not serve the intended objective; notes that quota levels are purely quantitative targets which can best be achieved equitably by means of a minute- by-minute count in relation to the total size, measured in minutes, of the currently available catalogue of a video- on-demand servicea diverse and balanced representation of audiovisual formats should be promoted on video-on- demand services, namely between television series and cinematographic works; considers in this respect that equating a season of a series with one title, as set out in the guidelines pursuant to Article 13(7) of the Directive on the calculation of the share of European works in on-demand catalogues, should be evaluated to secure this objective and provide European consumers with a varied offer;
Amendment 142 #
2022/2038(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14 a. Stresses that the prominence of European works as required by Article 13 of the Directive cannot be achieved without transparent access to data on the consumption of works; recalls that this data is necessary both for national financing funds and for private audiovisual actors; calls on the European Commission and the Member States for an initiative for the transparency of data relating to the success of works;
Amendment 144 #
2022/2038(INI)
Motion for a resolution
Paragraph 14 b (new)
Paragraph 14 b (new)
14 b. Considers that the role of the Directive is also to structure a European environment beneficial to European audiovisual creation; believes that such an environment should include some form of protection of European works, intellectual property and production capacity, and to ensure that European audiovisual actors receive adequate economic benefits from the exploitation of their works; calls therefore on the Commission and the Member States to continue their discussions on the protection of strategic cultural assets;
Amendment 148 #
2022/2038(INI)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15 a. Considers that consideration could be given to the implementation of Article 14 of the Directive, concerning the broadcasting of events of major importance and the possibility for the general public to watch them, particularly with regard to the acquisition of audiovisual sports rights by video-on- demand subscription services;
Amendment 161 #
2022/2038(INI)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17 a. Stresses that the future dissolution of the ERGA in favour of the European Board for Media Services, in light of the upcoming European Media Freedom Act, should not hamper the proper application of the revised Directive;
Amendment 1 #
2022/2008(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Recalls that the new Industrial Strategy was updated to reflect the lessons learned from COVID-19, and that this strategy will be key to enhancing EU competitiveness and overcoming future challenges; recalls thatunderlines that the crisis clearly demonstrated that the single market needs to be better equipped to face possible future crisis; welcomes, in this respect, the announcement of the Commission to present a Single Market Emergency Instrument to strengthen its resilience and ask the Commission to improve the effectiveness of already existing governance tools; asks for a strong governance system and a digitalised market surveillance system making full use of new technologies, such as AI, as they are essential in order to relaunch theand ensure a well-functioning single market; calls on the Commission to focus on ensuring that the industrial strategy helps remove single market barriers and avoid further fragmentation;
Amendment 11 #
2022/2008(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Highlights the importance to remove unjustified regulatory and non- regulatory barriers, including in services, that hamper the good functioning of the Single Market and to guarantee the effective implementation and enforcement of Single Market rules;
Amendment 14 #
2022/2008(INI)
Draft opinion
Paragraph 1 b (new)
Paragraph 1 b (new)
1b. Calls on the European Commission and the Member States to enhance cooperation amongst themselves and with economic operators and use new technologies and regulatory sandboxes for removing all unjustified barriers of the Single Market, and reducing the administrative burdens;
Amendment 16 #
2022/2008(INI)
Draft opinion
Paragraph 1 c (new)
Paragraph 1 c (new)
1c. Notes that the War in Ukraine showed one more time that the European economic environment needs improvement and that we still need to complete the Single Market in key industrial sectors, such as energy production and transport;
Amendment 23 #
2022/2008(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Acknowledges the European standardisation strategy and underlines that standards as well as innovation are essential for a well- functioning single market, global competitiveness and, the green and digital transitions and the protection of consumers;
Amendment 25 #
2022/2008(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Recalls the importance of SMEs and start-ups for the competitiveness of the EU and as a source of innovation; asks the Commission to launch new actions to facilitate the creation of new start-ups, to support them in finding better access to financing and to provide clear guidance on how to comply with EU sectorial rules; believes that financial instruments to support their digitalisation should be strengthened.
Amendment 26 #
2022/2008(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Underlines the importance of ensuring that custom controls throughout the EU follow the same standards to prevent the large amount of divergences in controls and in customs procedures and sanction policies at the EU’s points of entry into the Customs Union that often result in large health and safety risks for consumers in the European Single Market.
Amendment 27 #
2022/2008(INI)
Draft opinion
Paragraph 2 b (new)
Paragraph 2 b (new)
2b. Recalls the launch of the New Bauhaus initiative as an important direction in greening the architectonic, construction, and housing sectors, while additionally focusing on sustainable city planning and development and ensuring the inclusion of all European citizens; underlines the need for fast standardization processes in order to keep up with the innovative approaches, materials and technologies that will enable the creation of a Single Market in the field of aesthetic, sustainable, and inclusive constructions; emphasizes the need for the announced Bauhaus Label to include sector specific criteria for Bauhaus projects to be awarded the label and for the label to enhance funding opportunities for projects in the EU; furthermore, insists that the future NEB Lab focusses on innovative recommendations developed in close cooperation with other scientific institutions in the EU and European businesses; underlines the importance of considering this complex innovative movement in the up-dates of the industrial strategy;
Amendment 30 #
2022/2008(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Underlines the need to strengthen the competitiveness of SMEs and industry by addressing supply risks, dependencies, disruptions and vulnerabilities, especially in the green and digital economies; stresses that effective public procurement will lead to more jobs, growth and innovative investments; calls on the Commission to continue working on the correct implementation of EU public procurement legislation in order to create a well-functioning and harmonised Single Market across sectors and underlines the need to prioritize high quality and innovative aspects over price in all public procurement;
Amendment 33 #
2022/2008(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6 a. Welcomes the up-date of the New Industrial Strategy after one year into the Covid-19 pandemic; highlights the fact that the recovery prospects vary significantly amongst the industrial ecosystems and also amongst different regions of the European Union; underlines that the recovery process is endangered by the new energy crisis affecting different regions in very different ways requesting adapted regional and local recovery, resilience and development strategies;
Amendment 35 #
2022/2008(INI)
Draft opinion
Paragraph 6 b (new)
Paragraph 6 b (new)
6 b. Welcomes the new approach of the European Commission for reducing the strategic and industrial dependencies and working towards diversifying the international supply chains; underlines the important role of innovative SMEs in this process;
Amendment 36 #
2022/2008(INI)
Draft opinion
Paragraph 6 c (new)
Paragraph 6 c (new)
6 c. Underlines the need to better analyse the possibility of shortening the supply chains through the use of the new technologies and the databases with regional and local resources including the raw materials, the specific of the local labour force; welcomes in this regard the creation of the industrial alliances, such as The Battery Alliance, Alliance on processors and semiconductor technologies, the Alliance for Industrial Data, Edge and Cloud, Alliance on Space Launchers and considers that it is very important to disseminate the information at regional and local level encouraging the main regional actors to join these alliances;
Amendment 37 #
2022/2008(INI)
Draft opinion
Paragraph 6 d (new)
Paragraph 6 d (new)
6 d. Highlights the need to better support the traditional industries and economic specificities of the regions on their way to the green and digital transition, encouraging the forming and growing of industrial hubs in order to help the regional development and reach the cohesion policy targets;
Amendment 38 #
2022/2008(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Underlines the importance of SMEs in the internal market as producers and also as providers of industrial services to other manufacturers; calls for the removal of the unjustified regulatory barriers and to promote the approach of the horizontal services in the industrial strategy;
Amendment 38 #
2022/2008(INI)
Draft opinion
Paragraph 6 e (new)
Paragraph 6 e (new)
6 e. Underlines the need of better synergies between the European funds, prioritizing the innovation and the ecological approach, opening the eligibilities to all industries, including the food processing industry according to the regional specificities;
Amendment 39 #
2022/2008(INI)
Draft opinion
Paragraph 6 f (new)
Paragraph 6 f (new)
6 f. Highlights that the New Industrial Strategy should take into account the specificities of remote areas and outermost regions, analyse and come with solutions for the development of the local and traditional industries of these regions and integrating them in the European industrial ecosystem;
Amendment 40 #
2022/2008(INI)
Draft opinion
Paragraph 3 b (new)
Paragraph 3 b (new)
3b. Underlines that the war on Ukraine that lead to increase tensions between the European Union and the Russian Federation showed once again the importance of ensuring the autonomy of the Single Market in strategic sectors; calls for the creation of a real Single Market in the production of energy and underlines the importance of developing and implementing the trans-European energy infrastructure, TEN-E, as part of the main pillars of the industrial strategy;
Amendment 40 #
2022/2008(INI)
Draft opinion
Paragraph 6 g (new)
Paragraph 6 g (new)
6 g. Stresses that a New Industrial Strategy should focus on better connecting the needs and support provided to all players within each value chain, industrial ecosystem and region, with special attention on the need to better connect the remote and outermost regions with the economy of the European Union;
Amendment 41 #
2022/2008(INI)
Draft opinion
Paragraph 3 c (new)
Paragraph 3 c (new)
3c. Recalls that the Green Deal can only be achieved with the increase of the production and use of renewable energy; underlines that the industrial strategy should address the key obstacles to a faster development of renewables, inter alia permitting hurdles, finding ways to better connect SMEs and all possible energy producers in the system and encourage them to be part of the creation of the Single Market in the energy sector;
Amendment 41 #
2022/2008(INI)
6 h. Calls for taking into account the need for a common approach and a commonly approved strategy for challenging situations that might affect the industry in the future, keeping in mind that the unilateral measures taken by many Member States especially in the beginning of the Covid-19 pandemic affected the well functioning of the industry especially in cross-border regions where trans-border workers were not allowed to daily travel from one country to another;
Amendment 42 #
2022/2008(INI)
Draft opinion
Paragraph 6 i (new)
Paragraph 6 i (new)
6 i. Recalls, that the crisis of some basic health products in the beginning of the pandemics followed by a crisis of different products, such as chips, emphasized the need to rethink the industrial approach showing the need for prioritizing investments in strategic production facilities and diversifying the supply chains taking into account the regional specificities and the regional and local development strategies;
Amendment 43 #
2022/2008(INI)
6 j. Points out that the pandemics and the energy crisis underlined the differences between the European regions, the need of know-how and training for public authorities in order to manage the challenging situations, to adapt and implement the solutions designed and recommended from the European level; is of the opinion that regions that are still lagging behind should be given a special attention in the industrial strategy and solutions should be found for boosting the local and regional economy and for harvesting the traditional industries and the specificities in training of the local work-force;
Amendment 44 #
2022/2008(INI)
Draft opinion
Paragraph 6 k (new)
Paragraph 6 k (new)
6 k. Underlines the importance of supporting the local production of energy and the encouraging of domestic energy production which will lead to local and regional development, the completion of the European energy infrastructure and of a real Single Market in the field of energy;
Amendment 45 #
2022/2008(INI)
6 l. Calls on the Commission and the Member States to work together in order to quickly update their development strategies in order to focus on the green and digital transition, reducing dependencies, developing local autonomy and inter-regional cooperation;
Amendment 46 #
2022/2008(INI)
Draft opinion
Paragraph 6 m (new)
Paragraph 6 m (new)
6 m. Asks for taking into account the local and regional dependencies on strategic products and also in energy and put forward projects that would reduce those dependencies asking for their prioritization in the European funding encouraging trans-regional and cross- border projects;
Amendment 49 #
2022/2008(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Regrets that there are yet professions highly regulated in the Member States and calls on the Member States to take steps to allow skilled and highly skilled professional to have free access to the EU market, achieving in the shortest time possible areal Single Market in this sector; recalls that the green and digital transition of the industrial sectors need the recognition of highly skilled and skilled professionals in the whole European Union;
Amendment 50 #
2022/2008(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Underlines the importance of preventing over-dependency of the EU industry on third countries for critical products in light of the lessons learned from the COVID-19 pandemic and the war in Ukraine;
Amendment 52 #
2022/2008(INI)
Draft opinion
Paragraph 4 b (new)
Paragraph 4 b (new)
4b. Recalls the importance of the cooperation with the education sector in all the Member States to develop the digital skills in the Single Market and highlights the need of a permanent dialogue among all relevant authorities and the economic operators to ensure that the young work force is better prepared for the new industrial needs.
Amendment 53 #
2022/2008(INI)
Draft opinion
Paragraph 4 c (new)
Paragraph 4 c (new)
4c. Recalls the export of ideas and highly skilled professionals in the digital sector; calls on the Commission to include in the industrial strategy paths that would lead to the support of the creation of start- ups and help them in finding better access to financing leading to the increase of the scale-ups and decreasing the buyouts and take overs of the European companies by the much more developed companies from third countries;
Amendment 54 #
2022/2008(INI)
Draft opinion
Paragraph 4 d (new)
Paragraph 4 d (new)
4d. Welcomes the establishing of the European alliances in different industrial sectors, like raw materials, batteries, processors and others; calls on the Commission to increase the dissemination of the information and to encourage the Member States, regions and economic operators, including SMEs to join the European efforts in achieving the key EU policy objectives;
Amendment 62 #
2022/2008(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Underlines the importance of research and innovation in the green and digital transition; stresses the need of a true Single Market and of the active and enhanced participation of the SMEs and technology education institutes in the market; calls on the Commission and the Member States to facilitate the participation of SMEs and micro- enterprises to the R&D market by proper legislation and easy access to financial instruments and the possibility to use the R&D IP rights as collaterals.
Amendment 63 #
2022/2008(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Underlines the importance of maintaining an open dialogue with all industrial sectors and relevant stakeholders to make sure the new legislation does not have a negative impact on the Single Market and that it does not leave anyone behind, adopting a model with enough flexibility and support.
Amendment 64 #
2022/2008(INI)
Draft opinion
Paragraph 5 b (new)
Paragraph 5 b (new)
5b. Welcomes the Commission intention to elaborate a strategy for the textile industry; recalls that the textile industry faces a slow recovery from the downfall during the pandemic, being affected also by the massive re-location of the production sites in third countries; underlines the need to target the SMEs as the main players in the sector;
Amendment 65 #
2022/2008(INI)
Draft opinion
Paragraph 5 c (new)
Paragraph 5 c (new)
5c. Believes that the new industrial strategy must also set path for the recovery and strong development of cultural and creative industry as one of the sectors that are more susceptible to be affected by economic crisis;
Amendment 66 #
2022/2008(INI)
Draft opinion
Paragraph 5 d (new)
Paragraph 5 d (new)
5d. Underlines the need to include in the industrial strategy the gaming industry as one of the industries with the highest development potential recalling that most of the games producers and developers are not European actors; calls for clear paths at the European level to enable industry to accelerate and become one of the leaders in the sector;
Amendment 74 #
2022/2008(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Highlights the importance of developing a true single market for data to support the EU industrial development, to foster innovation and to strengthen the Digital Single Market as a whole;
Amendment 76 #
2022/2008(INI)
Draft opinion
Paragraph 6 b (new)
Paragraph 6 b (new)
6b. Recalls the importance of competition rules adapted to new dynamics of the EU market and to a changing global context to guarantee effective and fair competition in the Single Market and to enhance consumers choice;
Amendment 17 #
2022/2004(INI)
Motion for a resolution
Recital A
Recital A
A. whereas the closure of nurseries, schools, spaces for culture and extracurricular activities and sports facilities has denied children and young people the opportunity to participate in activities which are essential for their overall development, their intellectual, physical and mental health and well- being, and for their social and professional inclusion;
Amendment 26 #
2022/2004(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
Amendment 39 #
2022/2004(INI)
Motion for a resolution
Recital E b (new)
Recital E b (new)
E b. whereas the successive lockdowns during the pandemic have increased the burden on parents as a result of home schooling, job uncertainties and consequential financial burdens, which exacerbated the risk of parental substance abuse and intra-familial violence affecting the mental health and well-being of the most vulnerable children and young people;
Amendment 45 #
2022/2004(INI)
Motion for a resolution
Recital G a (new)
Recital G a (new)
G a. whereas the closures of educational, cultural, youth and sports activities and sudden transformation to home-schooling for children and students, as a result of various lock-down restrictions have resulted in significantly increased stress, psychological distress, post-traumatic stress symptoms, fear, anxiety, nervousness, loneliness and depression in youth. While lack of social interaction, physical contact and abrupt change in daily routines have amplified their anxiety and uncertainties making it hard for young generations to cope with the situation;
Amendment 47 #
2022/2004(INI)
Motion for a resolution
Recital G b (new)
Recital G b (new)
Amendment 49 #
2022/2004(INI)
Motion for a resolution
Recital H
Recital H
H. whereas any EU mental health strategy aimed at children and young people must involve their parents and families, youth organisations, youth workers, cultural institutions and sports clubs, on top of schools and teachers, in order to facilitate a holistic approach and ensure outreach to marginalised groups;
Amendment 63 #
2022/2004(INI)
Motion for a resolution
Recital J
Recital J
J. whereas the pandemic should be regarded as an opportunity to addressbuild up a complete cross-sectoral EU mental health strategy to address in a holistic approach long- standing mental health-related issues that have previously been ignored, while ensuring resilience for any possible future crisis;
Amendment 66 #
2022/2004(INI)
Motion for a resolution
Recital K
Recital K
K. whereas certain damaging geo- political developments, such as the war in Ukraine and the, can result ing uncertainties which are expected to have a further negative impact on the mental health of children and young people;
Amendment 83 #
2022/2004(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Draws attention to the role played by schools and nurseries in early childhood education and care institutions in providing the necessary material and psychological support for children and their families, and calls on the Member States to provide sufficient financial support to mainstream education institutions and to recruit and retain highly qualified teachers and education personnel in order to ensure that both the pedagogical and the psychological development of learners is increasingly promoted in a satisfactory way;
Amendment 100 #
2022/2004(INI)
Motion for a resolution
Paragraph 2 b (new)
Paragraph 2 b (new)
2 b. In this regard, stresses the need to recognise the importance of promoting mental health literacy of teachers, education personnel, school administrators, social workers and students; Calls on the Member States to ensure a sufficient number of qualified staff members, such as psychologists or other mental health specialists, to create a safe environment for children and youth in all types of educational institutions;
Amendment 102 #
2022/2004(INI)
Motion for a resolution
Paragraph 2 c (new)
Paragraph 2 c (new)
2 c. Recognises the need to break the silence around mental health challenges for children and young people resulting from the pandemic, as well as to address discriminative stigma in a holistic approach; therefore, calls on the Commission and the Member States to launch an EU-wide campaign to raise awareness on mental health in educational institutions in order to combat the existing stigma, and provide young people the access to mental health information to create an outright social understanding of mental health difficulties;
Amendment 104 #
2022/2004(INI)
Motion for a resolution
Paragraph 2 d (new)
Paragraph 2 d (new)
2 d. Underlines the importance of countering the phenomenon of underreporting and social stigma regarding mental health and well-being; in this regard, calls on the Commission to develop risk assessment tools and reporting systems based on reports and consultation with teachers, education personnel, students and parents’ associations to create a safer environment for young people in need while ensuring an early detection of possible mental health difficulties;
Amendment 105 #
2022/2004(INI)
Motion for a resolution
Paragraph 2 e (new)
Paragraph 2 e (new)
2 e. Urges the Member States to promote cross-sectoral investments to tackle mental disorders of children and young people, and to build up national action plans ensuring their implementation at regional and local levels, accommodating the actual needs of children and young people, with a special regard to the most disadvantaged groups;
Amendment 106 #
2022/2004(INI)
Motion for a resolution
Paragraph 2 f (new)
Paragraph 2 f (new)
2 f. Calls on the Commission to conduct research with a complete assessment of the long-term effects of all preventive measures related to the Covid- 19 pandemic taken by the Member States on children and young people, to gain thorough insight on the matter, which will enable the making of appropriate policies to mitigate the effects of the pandemic or of any future sanitary crisis;
Amendment 110 #
2022/2004(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Underlines the vital importance of interpersonal relationships among children and young people, taking into account the important role of socialisation in education; calls, therefore, on the Member States, in the event of future pandemics or other unprecedented situations, to keep all learning environments, whether formal, informal or non-formal in nature, safely open; calls on the Member States, in cases where special measures are absolutely necessary, to take into account the needs of different ageconsult with health and safety professionals, schools, teachers, and parents to adequately take into account the needs of different age groups, young people with specific needs and disadvantaged groups and not to apply a one-size-fits-all approach;
Amendment 122 #
2022/2004(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Insists on the need to adequately fund and promote the opportunities offered by programmes such as Erasmus+, Creative Europe and the European Solidarity Corps, to enhance mobility experiences and increase their accessibility for all, regardless of income, gender, sexual orientation, disability, health status and region of origin; calls on the Commission and the Member States to make the programs resilient to possible future mobility limitations, as well as improve the systematic sharing of projects’ outcomes in order to increase their visibility, upscaling and long-term impact;
Amendment 141 #
2022/2004(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6 a. Draws attention on the challenges of measuring mental health and well- being; therefore, calls on the Commission and the Member States to invest in further research and the development of unbiased indicators to measure mental health and well-being,including the impact caused by theCOVID-19 pandemic;
Amendment 157 #
2022/2004(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Calls on the Commission and the Member States to support and adequately fund small local cultural initiatives, sports clubs and leisure facilities to carry out the leisure and informal learning activities that play an essential role in the development and well-being of young people and their families, by providing material and psychological support resources, including for those with fewer economic opportunities, disabilities and minorities;
Amendment 163 #
2022/2004(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Calls for more coordination at European level between Member States, regional authorities and local representatives of sports and cultural associations, youth organisations, early learning organisations, educational and university bodies, social partners involved in education and the private sector in order to strengthen dialogue and cooperation and create a dynamic, multi-level social network that can respond and adapt to future challenges;
Amendment 167 #
2022/2004(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9 a. Stresses out that the closure of cultural institutions and related activities have created an uncertain time for young artists, some of whom have abandoned their dreams and others moved their creativity to social media platforms as a tool to facilitate mutual support and understanding; calls on the Commission and the Member States to create a financial support mechanism for artistic works done by young people on social media and support the positive perspectives of youth entrepreneurship that young people have taken up in order to mitigate the effects of the pandemic;
Amendment 180 #
2022/2004(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Urges the Member States to invest in specific policies, particularly within the framework of the Recovery and Resilience Facility, that respond to local needs in order to close regional technological gaps and ensure educational institutions and students get sufficient financial support sothus ensuring that the technologies, innovations, learning and support facilities and digital tools required to continue quality education and training are available and accessible to all;
Amendment 186 #
2022/2004(INI)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11 a. Recognises the positive role digital tools and social media can have on young people in some aspects. However, lack of supervision of digital learning of young people, especially those in disadvantaged and remote environments can lead to a higher risk of addictions and mental health disorders; calls, in this regard, on the Member States to promote adequate and balanced use of distance-learning by school professionals when needed, but putting the return to face-to-face learning as a priority;
Amendment 195 #
2022/2004(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Reiterates the importance of investing in innovation and research in education, enabling the state education system to have access to a ‘culture of innovation’ across the EU and to ensure that high-quality learning materials, pedagogical approaches and digital tools are accessible and available to all;
Amendment 203 #
2022/2004(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Highlights the need to monitor developments in, and the pedagogical and health and safety consequences of, technological and digital advances through cooperation and dialogue with experts, educators and representatives of civil society;
Amendment 209 #
2022/2004(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Calls on the Commission to promote digital literacy and raise awareness among young people of the benefits and risks associated with digital technology, ensuring not only their access to technological tools, but also their ability to use them safely and properly so that they serve as valuable instruments for socialisation and democracy in order to, while reduceing online violence, harassment and fake news and cyber bullying, harassment, social exclusion, internet addiction and fake news; furthermore, special attention should be paid to combat health and safety impact of digital education usage, such as screen fatigue while promoting the teachers, education personnel’s and students right to disconnect;
Amendment 213 #
2022/2004(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14 a. Calls on Commission to encourage teachers and employers to use tools that enable timely recognition of signs and prevention of burnout, stress, and psychological stress on students, young people, and young employees. Special attention should be paid to the aspect of mental health during the internship or introduction to a new job, with a key emphasis on constructive communication with young employees;
Amendment 72 #
2022/0302(COD)
Proposal for a directive
Recital 9
Recital 9
(9) Under the legal systems of Member States an injured person may have a claim for damages on the basis of contractual liability or on grounds of non-contractual liability that do not concern the defectiveness of a product, for example liability based on warranty or on fault. This includes the provisions of the [AI Liability Directive …/… of the European Parliament and of the Council], which lays down common rules on the disclosure of information and the burden of proof in the context of fault-based claims for damages caused by an AI system. Such provisions, which also serve to attain inter alia the objective of effective protection of consumers, should remain unaffected by this Directive.
Amendment 74 #
2022/0302(COD)
Proposal for a directive
Recital 10
Recital 10
(10) In certain Member States, injured persons may be entitled to make claims for damages caused by pharmaceutical products under a special national liability system, with the result that effective protection of consumers in the pharmaceutical sector is already attained. The right to make such claims should remain unaffected by in those Member States. When it comes to harm suffered due to pharmaceuticals that are not defective, all Member States cover basic losses through national health systems or social security schemes. To cover further losses, some Member States have created special insurance schemes for pharmaceuticals, under which victims of harm may get compensation if the non- defective pharmaceutical product nonetheless caused a harm, without any need to prove fault or defectiveness. The right to make such claims should remain unaffected by this Directive. Changes made to these special national liability systems, health systems and social security schemes as well as the possible introduction of insurance schemes should not be precluded, as long as they do not undermine the effectiveness of the liability systems provided for in this Directive.
Amendment 78 #
2022/0302(COD)
Proposal for a directive
Recital 12
Recital 12
(12) Products in the digital age can be tangible or intangible. Software, such as operating systems, firmware, computer programs, applications or AI systems, is increasingly common on the market and plays an increasingly important role for product safety. Software is capable of being placed on the market as a standalone product and may subsequently be integrated into other products as a component, and is capable of causing damage through its execution. In the interest of legal certainty it should therefore be clarified that software is, when necessary for a tangible product to operate or when it presents a safety relevance, is considered a product for the purposes of applying no- fault liability, irrespective of the mode of its supply or usage, and therefore irrespective of whether the software is stored on a device or accessed through cloud technologies. Software should be considered necessary for a tangible product to operate, when the software’s absence would prevent the product from performing its functions. A software, which presents a safety relevance, includes for example a medical device software that would notify a medical doctor of a patient’s heart attack. The source code of software, however, is not to be considered as a product for the purposes of this Directive as this is pure information. The developer or producer of software, including AI system providers within the, should be treated as a manufacturer. However, where a meaning of [Regulation (EU) …/… (AI Act)],ufacturer decides to use free and open-source software in a product placed on the market or intended to be placed on the market, the developer of that software should not be treated as a manufacturer.
Amendment 84 #
2022/0302(COD)
(13) In order not to hamper innovation or research, this Directive should not apply to free and open-source software developed or supplied outside the course of a commercial activity. This is in particular the case for software, including its source code and modified versions, that is openly shared and freely accessible, usable, modifiable and redistributable. However where software is supplied in exchange for a price or personal data is used other than exclusively for improving the security, compatibility or interoperability of the software, and is therefore supplied in the course of a commercial activity, the Directive should apply.
Amendment 99 #
2022/0302(COD)
Proposal for a directive
Recital 17
Recital 17
(17) In the interests of legal certainty, it should be clarified that personal injury includes medically recognised damage to psychological health, that is to say an adverse effect on the victim’s psychological integrity of such gravity or intensity that it affects the victim’s general state of health and that it cannot be resolved without medical treatment.
Amendment 114 #
2022/0302(COD)
Proposal for a directive
Recital 21 a (new)
Recital 21 a (new)
(21a) Taking account of the increased complexity of the products, of the businesses models and the supply chains, and considering that the aim of this directive is to ensure that consumers can easily exercise their right to get compensation in case of damage caused by defective products, Member States should ensure that competent national consumer protection authorities and bodies provide to affected consumers with all relevant information and tailored guidance to be able to effectively exercise their rights to compensation, in accordance with the provisions set out in this Directive. National consumer protection agencies and bodies should regularly exchange relevant information they became aware of and closely cooperate with the market surveillance authorities.
Amendment 128 #
2022/0302(COD)
Proposal for a directive
Recital 28
Recital 28
(28) Online selling has grown consistently and steadily, creating new business models and new actors in the market such as online platforms. [Regulation […/…] on a Single Market for Digital Services (Digital Services Act)] and [Regulation […/…] on General Product Safety] regulate, inter alia, the responsibility and accountability of online platforms with regard to illegal content, including products. When online platforms perform the role of manufacturer, importer or distributor in respect of a defective product, they should be liable on the same terms as such economic operators. When online platforms play a mere intermediary role in the sale of products between traders and consumers, they are covered by a conditional liability exemption under the Digital Services Act. However, the Digital Services Act establishes that online platforms that allow consumers to conclude distance contracts with traders are not exempt from liability under consumer protection law where they present the product or otherwise enable the specific transaction in question in a way that would lead an average consumer to believe that the product is provided either by the online platform itself or by a trader acting under its authority or control. In keeping with this principle, when online platforms do so present the product or otherwise enable the specific transaction, it should be possible to hold them liable, in the same way as distributors under this Directive. That means that they would be liable only when they do so present the product or otherwise enable the specific transaction, and only where the online platform fails to prcomptly identify a relevant economic operator based in the Unionwith the obligations referred to in article 22 (9) of the Regulation (EU) [..../....] on General Product Safety.
Amendment 151 #
2022/0302(COD)
Proposal for a directive
Recital 34
Recital 34
(34) National courts should also presume the defectiveness of a product or the causal link between the damage and the defectiveness, or both, where, notwithstanding the defendant’s disclosure of information, it would be excessively difficult for the claimant, in light of the technical or scientific complexity of the case, to prove its defectiveness or the causal link, or both. In such cases, requiring proof would undermine the effectiveness of the right to compensation. Therefore, given that manufacturers have expert knowledge and are better informed than the injured person, it should be for them to rebut the presumption. Technical or scientific complexity should be determined by national courts on a case- by-case basis, taking into account various factors. Those factors should include the complex nature of the product, such as an innovative medical device; the complex nature of the technology used, such as machine learning; the complex nature of the information and data to be analysed by the claimant; and the complex nature of the causal link, such as a link between a pharmaceutical or food product and the onset of a health condition, or a link that, in order to be proven, would require the claimant to explain the inner workings of an AI system. The assessment of excessive difficulties should also be made by national courts on a case-by-case basis. While a claimant should provide arguments to demonstrate excessive difficulties, proof of such difficulties should not be required. For example, in a claim concerning an AI system, the claimant should, for the court to decide that excessive difficulties exist, neither be required to explain the AI system’s specific characteristics nor how these characteristics make it harder to establish the causal link. The defendant should have the possibility to contest the existence of excessive difficulties by demonstrating that the claimant has sufficient evidence to prove the defectiveness of the product or the causal link between its defectiveness and the damage, or both. In such a case, the defectiveness of the product or causal link between its defectiveness and the damage, or both shall not be presumed.
Amendment 184 #
2022/0302(COD)
Proposal for a directive
Article 2 – paragraph 1 a (new)
Article 2 – paragraph 1 a (new)
1a. This Directive shall not apply to free and open-source software.
Amendment 189 #
2022/0302(COD)
Proposal for a directive
Article 2 – paragraph 3 – point b
Article 2 – paragraph 3 – point b
Amendment 211 #
2022/0302(COD)
Proposal for a directive
Article 4 – paragraph 1 – point 4
Article 4 – paragraph 1 – point 4
(4) ‘related service’ means a digital service that is integrated into, or inter- connected with, a product in such a way that its absence would prevent the product from performing one or more of its functions when it is necessary for a tangible product to operate or when it presents a safety relevance;
Amendment 267 #
2022/0302(COD)
Proposal for a directive
Article 5 a (new)
Article 5 a (new)
Article5a Guidance Member States shall ensure that the competent national consumer protection authorities provide information and tailored guidance to consumers in order to effectively exercise their right to compensation in accordance with Article 5 of this Directive. National consumer protection agencies and bodies shall regularly exchange relevant information they became aware of and closely cooperate with the market surveillance authorities.
Amendment 289 #
2022/0302(COD)
Proposal for a directive
Article 6 – paragraph 1 – point f
Article 6 – paragraph 1 – point f
(f) mandatory product safety requirements, including safety-relevant cybersecurity requirements laid down in Union law or national law that are intended to protect against the risk of the damage that has occurred;
Amendment 310 #
2022/0302(COD)
Proposal for a directive
Article 7 – paragraph 2
Article 7 – paragraph 2
2. Member States shall ensure that, where the manufacturer of the defective product is established outside the Union, the importer of the defective product and , where applicable, the authorised representative of the manufacturer can be held liable for damage caused by that product.
Amendment 332 #
2022/0302(COD)
Proposal for a directive
Article 7 – paragraph 6
Article 7 – paragraph 6
6. Paragraph 5 shall also apply toMember States shall ensure that where a manufacturer under paragraph 1 cannot be identified, or where the manufacturer is established outside the Union, or where an economic operator under paragraphs 2 or 3 cannot be identified, any provider of an online platform that allows consumers to conclude distance contracts with traders cand tha be held liable where: (a) it is not a manufacturer, importer or distributor , provided that; (b) it has failed to comply with Article 22(9) of Regulation (EU) [.../...] of the European Parliament and of the Council on General Product Safety; and (c) the conditions of Article 6(3) set out in Regulation (EU)…/… 2022/2065 of the European Parliament and of the Council on a Single Market for Digital Services (Digital Services Act)55 are fulfilled. _________________ 55 +OP: Please insert in the text the number of the Directive contained in document PE-CONS 30/22 (2020/0361(COD)) and insert the number, date, title and OJ reference of that Directive in the footnote.
Amendment 365 #
2022/0302(COD)
Proposal for a directive
Article 9 – paragraph 2 – point b
Article 9 – paragraph 2 – point b
(b) the claimant establishes that the product does not comply with mandatory product safety requirements laid down in Union law or national law that are intended to protect against the risk of the damage that has occurred; or
Amendment 386 #
2022/0302(COD)
Proposal for a directive
Article 9 – paragraph 4 – subparagraph 1 – point b
Article 9 – paragraph 4 – subparagraph 1 – point b
(b) it is likely that the product was defective or that its defectiveness is a likely cause of the damage, or both by demonstrating that the claimant has sufficient evidence to prove the defectiveness of the product or the causal link between its defectiveness and the damage, or both. In such a case, the defectiveness of the product or causal link between its defectiveness and the damage, or both shall not be presumed.
Amendment 413 #
2022/0302(COD)
Proposal for a directive
Article 11 – paragraph 1
Article 11 – paragraph 1
Without prejudice to national law concerning the right of contribution or recourse, Member States shall ensure that where two or more economic operators are liable for the same damage pursuant to this Directive, they can be held liable jointly and severally.
Amendment 416 #
2022/0302(COD)
Proposal for a directive
Article 12 – paragraph 1
Article 12 – paragraph 1
1. Without prejudice to national law concerning the right of contribution or recourse, Member States shall ensure that the liability of an economic operator is not reduced when the damage is caused both by the defectiveness of a product and by an act or omission of a third party.
Amendment 37 #
2022/0164(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) The Versailles Declaration of 10-11 March 2022 of the Heads of States and Governments invited the Commission to propose by the end of May a REPowerEU plan to phase out the dependency on Russian fossil fuel imports, which was subsequently reiterated in the European Council Conclusions of 24-25 March 2022. This should be done well before 2030 in a way that is consistent with the EU’s Green Deal and the climate objectives for 2030 and 2050 enshrined in the European Climate Law. Regulation (EU) 2021/241 should therefore be amended to enhance its ability to support reforms and investments dedicated to diversifying energy supplies, in particular fossil fuels, nuclear and LNG, thereby strengthening the strategic autonomy of the Union alongside an open economy. Support should also be given to reforms and investments increasing the energy efficiency of the Member States’ economies and increasing the use of renewable energy, including hydrogen. Furthermore, in its Versailles Declaration of 10-11 March 2022, the European Council called for reducing EU strategic dependencies and invited, inter alia, the Commission to present options to address rising food prices and the issue of global food security as soon as possible.
Amendment 55 #
2022/0164(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) The REPowerEU chapter should include new reforms and investments contributing to the REPowerEU aims and tackle, in a comprehensive manner, the crisis effects determined by the Russian military aggression against Ukraine. Furthermore, that chapter should contain an outline of other measures, financed from sources other than the Recovery and Resilience Facility, contributing to the energy-related objectives outlined in recital (3). The outline should cover measures whose implementation should take place between 1 February 2022 to 31 December 2026, the period during which the objectives set by this Regulation are to be achieved. As regards natural gas infrastructure, the investments and reforms of the REPowerEU chapters to diversify supply away from Russia should build on the needs currently identified through the assessment conducted and agreed by the European Network of Transmission System Operators for Gas (ENTSOG), established in the spirit of solidarity as regards security of supply and take into account the reinforced preparedness measures taken to adapt to new geopolitical threats. Finally, the REPowerEU chapters should provide an explanation and a quantification of the effects of the combination of the reforms and investments financed by the Recovery and Resilience Facility and the other measures financed by other sources than the Recovery and Resilience Facility.
Amendment 60 #
2022/0164(COD)
Proposal for a regulation
Recital 6 a (new)
Recital 6 a (new)
(6 a) In order to provide adequate and rapid response, Member States are encouraged to use all available funds to provide immediate and temporary support to SMEs and households for micro investments in energy efficiency improvements and in renewable energy self-generation, via vouchers or tax credits.
Amendment 62 #
2022/0164(COD)
Proposal for a regulation
Recital 6 b (new)
Recital 6 b (new)
(6 b) The REPowerEU chapter should equally represent an opportunity for the Member States to develop cross-border projects that accelerate the shift to renewables and that accelerate intra-EU pipeline expansions to fully utilise existing and future LNG regasification capacities to diversify natural gas supplies.
Amendment 64 #
2022/0164(COD)
Proposal for a regulation
Recital 8 a (new)
Recital 8 a (new)
(8 a) In light of the current energy crisis, where high energy prices are aggravating the impact of the COVID-19 crisis, by further increasing the financial burden of consumers, in particular for households with low income or vulnerable companies, the REPowerEU chapters should include measures to help structurally address situations of energy poverty, through long-lasting investments and reforms. Such reforms and investments should provide a higher level of financial support in energy efficiency schemes, clean energy policies and schemes to reduce energy demand for those households and companies facing severe difficulties due to high energy bills. Energy demand-reduction measures taken by Member States should take into account the principles set by the Council Regulations on energy demand-reduction measures.
Amendment 76 #
2022/0164(COD)
Proposal for a regulation
Recital 12 a (new)
Recital 12 a (new)
(12 a) Member States are encouraged to complement and accompany the measures in the REPowerEU chapter with additional measures in line with the objectives of the chapter; in order to achieve them, Member States are encouraged to use additional Union funding, in particular the Innovation Fund, the Modernisation Fund, InvestEU and all remaining funds under the 2014- 2020 programming period; information on existing or planned Union financing should be included in the chapter.
Amendment 108 #
2022/0164(COD)
Proposal for a regulation
Recital 17 a (new)
Recital 17 a (new)
(17 a) The EU Emission Trading System (ETS) was established to create an efficient, predictable and market driven system for reducing emissions and tackling the climate crises. While the amendment to Directive 2003/87/EC is justified by an exceptional situation, it remains important not to undermine trust in the ETS market through short-term interventions, and this amendment should therefore be seen as a one-off measure, which will not be repeated.
Amendment 128 #
2022/0164(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Regulation (EU) 2021/241
Article 4 – paragraph 1
Article 4 – paragraph 1
1. In line with the six pillars referred in Article 3 of this Regulation, the coherence and synergies they generate, and in the context of the COVID-19 crisis, the general objective of the Facility shall be to promote the Union’s economic, social and territorial cohesion by improving the resilience, crisis preparedness, adjustment capacity and growth potential of the Member States, by mitigating the social and economic impact of that crisis, in particular on women, by contributing to the implementation of the European Pillar of Social Rights, by supporting the green transition, by contributing to the achievement of the Union’s 2030 climate targets set out in point (11) of Article 2 of Regulation (EU) 2018/1999,and by complying with the objective of EU climate neutrality by 2050 and of the digital transition, by increasing the resilience of the Union energy system through a decrease of dependence on fossil fuels and an increase of the use of renewable energy, an increase of energy efficiency and diversification of energy supplies at Union level (‘REPowerEU objectives’) thereby contributing to the upward economic and social convergence, restoring and promoting sustainable growth and the integration of the economies of the Union, fostering high quality employment creation, and contributing to the strategic autonomy of the Union alongside an open economy and generating European added value.
Amendment 155 #
2022/0164(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Regulation (EU) 2021/241
Article 19 – paragraph 3 – point da
Article 19 – paragraph 3 – point da
(da) whether the reforms and investments referred to in Article 21c(1) effectively contribute towards the diversification of the Union’s energy supply or reduction of dependence on fossil fuels before 2030. or an increase of the use of renewable energy or an increase of energy efficiency;
Amendment 202 #
2022/0164(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Regulation (EU) 2021/241
Article 21b – paragraph 1
Article 21b – paragraph 1
(1) Resources allocated to Member States under shared management may, at their request, be transferred or allocated to the Facility, including from the Innovation Fund, Modernisation Fund, Just Transition Fund, as well as all remaining resources under the 2014-2020 MFF programming period, subject to the conditions set out in Article 26a of Regulation (EU) 2021/1060 and Article 81a of Regulation (EU) 2021/2115. Those resources shall be used exclusively for the benefit of the Member State concerned.
Amendment 210 #
2022/0164(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Regulation (EU) 2021/241
Article 21b – paragraph 2
Article 21b – paragraph 2
(2) Payments shall be made in accordance with Article 24 of this Regulation and subject to available funding. Payments of financial contributions stemming from the resources allocated according to Article 21a shall be made by 21 December 2027.
Amendment 212 #
2022/0164(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Regulation (EU) 2021/241
Article 21ba (new)
Article 21ba (new)
Article 21 ba Calculation of maximum financial contribution The methodology for the calculation of the maximum financial contribution per Member State for the REPowerEU chapter under the Facility shall be described in Annex I and further explained in Annex II. The method takes into account, with regard to each Member State: — the population; — the inverse of the GDP per capita; — share of fossil fuels or the share of gas out of the gross available energy — the fall in real GDP in 2020 and the fall in real GDP in 2020 and 2021 combined.
Amendment 227 #
2022/0164(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Regulation (EU) 2021/241
Article 21c – paragraph 1 – point b
Article 21c – paragraph 1 – point b
(b) boosting energy efficiency in buildings, decarbonising industry, increasing production and uptake of LNG, nuclear, sustainable biomethane and renewable or fossil-free hydrogen and increasing the share of renewable energy,
Amendment 231 #
2022/0164(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Regulation (EU) 2021/241
Article 21c – paragraph 1 – point b a (new)
Article 21c – paragraph 1 – point b a (new)
(b a) accelerating intra-EU pipeline expansions to fully utilise existing and future LNG regasification capacities to diversify natural gas supplies;
Amendment 232 #
2022/0164(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Regulation (EU) 2021/241
Article 21c – paragraph 1 – point b b (new)
Article 21c – paragraph 1 – point b b (new)
(b b) further development of cross- border projects that accelerate the shift to renewables, including through solar energy projects;
Amendment 240 #
2022/0164(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Regulation (EU) 2021/241
Article 21c – paragraph 1 – point da (new)
Article 21c – paragraph 1 – point da (new)
(d a) addressing energy poverty and incentivising reduction of energy demand.
Amendment 253 #
2022/0164(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Regulation (EU) 2021/241
Article 21c – paragraph 2 – point c a (new)
Article 21c – paragraph 2 – point c a (new)
(c a) information on existing or planned Union financing on complementary or accompanying measures in line with the objectives of this chapter;
Amendment 285 #
2022/0164(COD)
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
Directive 2003/87/EC
Article 10e – paragraph 1
Article 10e – paragraph 1
(1) For the period until 31 December 2026, the allowances released pursuant to Article 1(6) of Decision (EU) 2015/1814an amount of allowances from the total quantity of allowances shall be auctioned until the amount of revenue obtained from such auctioning has reached EUR 20 billion. This revenue shall be made available to the Recovery and Resilience Facility established by Regulation (EU) 2021/241 and shall be implemented in accordance with the provisions of that Regulation. These allowances shall be taken in equal shares from the quantity to be auctioned in accordance with the second subparagraph of Article 10 and the quantity that would otherwise be allocated free of charge.
Amendment 290 #
2022/0164(COD)
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
Decision (EU) 2015/1814
Article 1
Article 1
Amendment 6 #
2022/0162(COD)
Proposal for a regulation
Recital 27
Recital 27
(27) In order to enhance the protection of the Union budget against fraud, corruption, conflicts of interest, double funding and other irregularities, standardised financial and reimbursement requests and measures to collect, compare and aggregate information on the recipients of Union funding should be introduced. In particular, in order to effectively prevent, detect, investigate and correct frauds or remedy irregularities, it is necessary to be able to identify the natural persons that ultimately benefit, directly or indirectly, from Union funding and who ultimately profit from the misuse of EU funding. The electronic recording and storage of data on the recipients of Union funding, including their beneficial owners as defined in Article 3, point (6), of Directive (EU) 2015/849 of the European Parliament and of the Council32 and their main contractors and the regular making of those data available in a single integrated IT system for data-mining and risk-scoring provided by the Commission, should facilitate risk assessment for the purposes of selection, award, financial management, monitoring, investigation, control and audit and contribute to effective prevention, detection, correction and follow-up of fraud, corruption, conflicts of interest, double funding and other irregularities. The Commission should be responsible for the development, management and supervision of the single integrated IT system for data-mining and risk-scoring. The Commission, the Member States, the persons or entities implementing the budget, the European Anti-Fraud Office (‘OLAF’) and other Union investigative and control bodies should have the necessary access to those data within the exercise of their respective competences. The rules related to the recording, storage, transfer and processing of data should comply with applicable data protection rules. _________________ 32 Directive (EU) 2015/849 of the European Parliament and of the Council of 20 May 2015 on the prevention of the use of the financial system for the purposes of money laundering or terrorist financing (OJ L 141 5.6.2015, p. 73).
Amendment 7 #
2022/0162(COD)
Proposal for a regulation
Recital 29
Recital 29
(29) Without prejudice to the rules on the protection of personal data, the utmost transparency regarding information on recipients should be sought. The information on recipients of Union funds should be published on a dedicated website of Union institutions, such as the Financial Transparency System. Publication requirements should cover all methods of budget implementation, including by other Union institutions and bodies. To that end, Member States, persons and entities implementing the budget and other Union institutions and bodies should transmit to the Commission, at least on a yearly basis, information on their recipients of Union funding. That information should include at least the name , a unique identifier and the locality of the recipient, the amount committed and, the purpose of the measure, the main contractor, the date of the signing of the contract and, where applicable the date of the last reimbursement request. That information should take into account relevant criteria such as the periodicity, the type and the importance of the measure.
Amendment 8 #
2022/0162(COD)
Proposal for a regulation
Recital 103
Recital 103
(103) In order to enhance the protection of the Union financial interests the early- detection and exclusion system should be reinforced. It is important to avoid that a person or entity in an exclusion situation is able to apply to, or to be selected for implementing funds, or to receive such funds under a programme in shared management, or to be contractor under a programme in shared management. Where there is a final judgment or a final administrative decision, the authorising officer responsible should be able to exclude a person or entity, provided that the latter is in an exclusion situation and deemed as not reliable by having engaged in certain serious misconducts referred to in Article 139(1). In the absence of a final judgment or a final administrative decision, the authorising officer responsible should be able to exclude, on the basis of a preliminary classification in law made by the panel referred to in Article 146, having regard to facts and findings established in the context of audits or investigations carried out by European Anti-fraud Office (OLAF), European Public Prosecutor Office (EPPO), the European Court of Auditors (ECA) or any other check, audit or control performed under the responsibility of the authorising officer. Such exclusion should be registered in the early-detection and exclusion system database established under Article 138(1). Member States’ authorities should take it into account by rejecting such persons or entities from being selected to implement Union funds or from receiving such funds. Payment applications from Member States under shared management, including expenditure related to a person or entity that has been excluded, should not be reimbursed. Where funds are disbursed to Member States under performance-based frameworks, specific rules shall apply, as set out in sector-specific legislation.
Amendment 10 #
2022/0162(COD)
Proposal for a regulation
Recital 115
Recital 115
(115) In order to further enhance the protection of the Union’s financial interests, it should be possible for the authorising officer to exclude or impose a financial penalty on beneficial owners and affiliated entities, including the main contractors, of the excluded entity that were involved in the misconduct of the excluded entity. The possibility to exclude beneficial owners and affiliated entities is intended to prevent that a person or entity that has been excluded from being selected to implement Union’s funds could continue to participate in procurement and award procedures, through a new company or existing affiliated entities.
Amendment 11 #
2022/0162(COD)
Proposal for a regulation
Recital 134
Recital 134
(134) In order to improve governance and quality of interoperable digital public services, the Member States, the Union institutions, the executive agencies and the Union bodies, such as those referred to in Articles 70 and 71 should follow and apply to the greatest possible extent the European Interoperability Framework.
Amendment 12 #
2022/0162(COD)
Proposal for a regulation
Recital 140
Recital 140
(140) In order to ensure efficient implementation of the Union budget, it is appropriate to further clarify the application of the principle of proportionality to indirect management. While the principle of proportionality cannot affect the nature of the obligations imposed by the relevant applicable legal framework, it should be systematically used in the cooperation with Union implementing partners, in order to strike the right balance between protection of the Union’s financial interests and preserving the Union’s ability to implement its policies. Certain adjustments and restructuring of the relevant provisions, including a harmonisation of the control procedures between the Court of Auditors on the one hand and the national and regional levels on the other hand should be made. This should not be interpreted as limiting in practice the necessary rights and access required for the authorising officer responsible, for EPPO in respect of those Member States participating in enhanced cooperation pursuant to Regulation (EU) 2017/1939, for OLAF, for the Court of Auditors, and, where appropriate, for the relevant national authorities, to comprehensively exert their respective competences.
Amendment 15 #
2022/0162(COD)
Proposal for a regulation
Recital 161
Recital 161
(161) In order to ensure the absence of professional conflicting interests that may affect or risk affecting the capacity to perform the contract in an independent, impartial and objective manner, it is necessary to clarify the obligations of the contracting authority and of the candidates or tenderers. On the one hand, the candidates, tenderers, and, where appropriate, entities on whose capacity they rely as well as envisaged subcontractors should declare the absence of such conflicting interests, and to provide related information where requested. On the other hand, the contracting authority should assess the existence of such professional conflicting interests when declared or on the basis of additional information without interfering or delaying the evaluation of the project. Where such professional conflicting interests are established, this should lead to rejection from the award.
Amendment 16 #
2022/0162(COD)
Proposal for a regulation
Recital 165
Recital 165
(165) It is necessary to simplify the rules governing dynamic purchasing systems reducing the time consuming procedures, including the resolving of the appeals, to enable contracting authorities to take full advantage of the possibilities afforded by that purchasing method. In particular, the systems should be operated in the form of a restricted procedure, thus allowing for any economic operator that submits a request to participate and meets the exclusion and selection criteria to take part in procurement procedures carried out through the dynamic purchasing system over its period of validity, which should not be limited to four years. Tenders may also be presented in the form of an electronic catalogue particularly for off- the-shelf products or services generally available on the market. Moreover, in order to reduce the administrative burden given the dynamic nature of the systems, the requirement to appoint an opening and evaluation committee should be waived for specific procurements under a dynamic purchasing system. Considering the progress in digitalisation of procurement procedures, it should be clarified that public openings for open procedures may be organised remotely via video conferences.
Amendment 17 #
2022/0162(COD)
Proposal for a regulation
Recital 178
Recital 178
(178) Experience gained has shown that it is necessary to clarify in which cases a modification is considered altering the subject matter of the contract and the selection criteria.
Amendment 20 #
2022/0162(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 1
Article 2 – paragraph 1 – point 1
(1) ‘applicant’ means a natural person or an entity with or without legal personality who has submitted an application in a grant award procedure , in an award procedure for a loan guaranteed by the Union, in a non- financial donation award procedure or in a contest for prizes;
Amendment 21 #
2022/0162(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 5
Article 2 – paragraph 1 – point 5
(5) ‘beneficiary’ means a natural person or an entity with or without legal personality with whom a grant agreement has been signed; , a loan agreement, non-financial donation agreement has been signed, or a prize has been awarded;
Amendment 22 #
2022/0162(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 20
Article 2 – paragraph 1 – point 20
(20) ‘control’ means any measure taken to provide reasonable assurance regarding the effectiveness, efficiency and economy of operations, the reliability of reporting, the safeguarding of assets and information, the prevention and detection and correction of fraud and irregularities and their follow- up, and the adequate management of the risks relating to the legality and regularity of the underlying transactions, taking into account the multiannual character of programmes as well as the nature of the payments concerned. Controls may involve various checks, including the coherence and the maintaining of the eligibility criteria throughout the implementation period, as well as the implementation of any policies and procedures to achieve the objectives referred to in the first sentence;
Amendment 24 #
2022/0162(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 22 – point b
Article 2 – paragraph 1 – point 22 – point b
(b) a situation caused by natural disasters, man-made crisis such as wars and other conflicts or extraordinary circumstances having comparable effects related, inter alia, to climate change, public and animal, animal and plant health, food safety emergencies and global health threats such as pandemics, environmental degradation, privation of access to energy and natural resources or extreme poverty;
Amendment 27 #
2022/0162(COD)
Proposal for a regulation
Article 33 – paragraph 2 – point d
Article 33 – paragraph 2 – point d
(d) programmes and activities should be implemented to achieve their set objectives without doing significant harm to the environmental objectives of climate change mitigation, climate change adaptation, the sustainable use and protection of water and marine resources, the transition to a circular economy, pollution prevention and control and the protection and restoration of biodiversity and ecosystems, as set out in Article 9 of Regulation (EU) 2020/852 of the European Parliament and of the Council51 except for crisis situations as defined in Art. 2 point (22) of this Regulation when priority will be assigned to solving the crisis situation considering the impact on human life. _________________ 51 Regulation (EU) 2020/852 of the European Parliament and of the Council of 18 June 2020 on the establishment of a framework to facilitate sustainable investment, and amending Regulation (EU) 2019/2088 (Text with EEA relevance), OJ L 198, 22.6.2020, p. 13.
Amendment 28 #
2022/0162(COD)
Proposal for a regulation
Article 36 – paragraph 2 – point d
Article 36 – paragraph 2 – point d
(d) prevention, detection, correction and follow-up of fraud , corruption, conflicts of interest, double funding and other irregularities , including through the electronic recording and storage of data on the recipients of Union funds including their beneficial owners and main contractors , as defined in Article 3, point (6), of Directive (EU) 2015/849 , and through the use of a single integrated IT system for data-mining and risk-scoring provided by the Commission to access and analyse those data ;
Amendment 29 #
2022/0162(COD)
Proposal for a regulation
Article 36 – paragraph 3 – point c
Article 36 – paragraph 3 – point c
(c) adequate and harmonized sectorial audit trails audit trails and data integrity in data systems including electronic ones ;
Amendment 30 #
2022/0162(COD)
Proposal for a regulation
Article 36 – paragraph 6 – point a
Article 36 – paragraph 6 – point a
(a) the recipient’s and the main contractor`s full legal name in the case of legal persons, the first and last name in the case of natural persons, their VAT identification number or tax identification number where available or another unique identifier at country level and the amount of funding. If a natural person, also the date of birth;
Amendment 42 #
2022/0155(COD)
Proposal for a regulation
Recital 17 a (new)
Recital 17 a (new)
(17 a) Member States continue to struggle with putting in place effective prevention programmes to combat child sexual abuse as required in Directive 2011/93/EU on combating the sexual abuse and sexual exploitation of children and child pornography, where frequently multiple types of stakeholders need to take action. As a result, children and the persons in their environment are insufficiently aware of the risks of sexual abuse and of the means of limiting such risks, while the online dimension represents a particular challenge, with constant growing tendency. As education plays a key role in the prevention of child sexual abuse, Member States should inform the public, by all means necessary, about the dangers and risks of sexual abuse for young people in the digital world, including by ensuring a close cooperation at European and international level and by strengthening work with organised civil society, in particular with schools and law enforcement representatives. Member States should take appropriate means to include programmes to this effect in the early education curricula.
Amendment 43 #
2022/0155(COD)
Proposal for a regulation
Recital 18 a (new)
Recital 18 a (new)
(18 a) Basic digital skills, including cyber hygiene, cyber safety, data protection and media literacy are essential for children and young people, as they enable them to make informed decisions, assess and overcome the risks associated with the internet. Therefore, it is important to strengthen media literacy efforts in Member States and at the Union level, through dedicated media literacy education, publicly available relevant materials adapted for different age groups and information campaigns for children and their guardians.
Amendment 55 #
2022/0155(COD)
Proposal for a regulation
Recital 49
Recital 49
(49) In order to verify that the rules of this Regulation, in particular those on mitigation measures and on the execution of detection orders, removal orders or blocking orders that it issued, are effectively complied in practice, each Coordinating Authority should be able to carry out searches, using the relevant indicators provided by the EU Centre, and reacting timely to the evolving trends of child sexual abuse material dissemination and monetisation, to detect the dissemination of known or new child sexual abuse material through publicly available material in the hosting services of the providers concerned.
Amendment 56 #
2022/0155(COD)
Proposal for a regulation
Recital 50
Recital 50
(50) With a view to ensuring that providers of hosting services are aware of the misuse made of their services and to afford them an opportunity to take expeditious action to remove or disable access on a voluntary basis, Coordinating Authorities of establishment or organisations acting in the public interest against child sexual abuse, such as hotlines, should be able to notify those providers of the presence of known child sexual abuse material on their services and requesting removal or disabling of access thereof, for the providers’ voluntary consideration. Such notifying activities should be clearly distinguished from the Coordinating Authorities’ powers under this Regulation to request the issuance of removal orders, which impose on the provider concerned a binding legal obligation to remove or disable access to the material in question within a set time period.
Amendment 57 #
2022/0155(COD)
Proposal for a regulation
Recital 56
Recital 56
(56) With a view to ensuring that the indicators generated by the EU Centre for the purpose of detection are as complete as possible, the submission of relevant material and transcripts should be done proactively by the Coordinating Authorities. However, the EU Centre should also be allowed to bring certain material or conversations to the attention of the Coordinating Authorities for those purposes. and receive reports concerning the trends in the dissemination and monetisation of child sexual abuse material from relevant organisations acting in the public interest against child sexual abuse and other stakeholders.
Amendment 62 #
2022/0155(COD)
Proposal for a regulation
Recital 60
Recital 60
(60) In the interest of legal certainty and effectiveness, the tasks of the EU Centre should be listed in a clear and comprehensive manner. With a view to ensuring the proper implementation of this Regulation, those tasks should relate in particular to the facilitation of the detection, reporting and blocking obligations imposed on providers of hosting services, providers of publicly available interpersonal communications services and providers of internet access services. However, for that same reason, the EU Centre should also be charged with certain other tasks, notably those relating to the implementation of the risk assessment and mitigation obligations of providers of relevant information society services, the removal of or disabling of access to child sexual abuse material by providers of hosting services, the provision of assistance to Coordinating Authorities, as well as the generation and sharing of knowledge, best practices and expertise related to online child sexual abuse, including the evolving trends in the dissemination and monetisation of child sexual abuse material.
Amendment 64 #
2022/0155(COD)
Proposal for a regulation
Recital 61
Recital 61
(61) The EU Centre should provide reliable information on which activities can reasonably be considered to constitute online child sexual abuse, so as to enable the detection and blocking thereof in accordance with this Regulation. Given the nature of child sexual abuse material, that reliable information needs to be provided without sharing the material itself. Therefore, the EU Centre should generate accurate and reliable indicators, based on identified child sexual abuse material and solicitation of children submitted to it by Coordinating Authorities or when appropriate, by the organisations acting in the public interest against child sexual abuse, in accordance with the relevant provisions of this Regulation. These indicators should allow technologies to detect the dissemination of either the same material (known material) or of different child sexual abuse material (new material), or the solicitation of children, as applicable.
Amendment 65 #
2022/0155(COD)
Proposal for a regulation
Recital 62
Recital 62
(62) For the system established by this Regulation to function properly, the EU Centre should be charged with creating databases for each of those three types of online child sexual abuse, and with maintaining, timely updating and operating those databases. For accountability purposes and to allow for corrections where needed, it should keep records of the submissions and the process used for the generation of the indicators.
Amendment 69 #
2022/0155(COD)
Proposal for a regulation
Recital 67
Recital 67
(67) Given its central position resulting from the performance of its primary tasks under this Regulation and the information and expertise it can gather in connection thereto, the EU Centre should also contribute to the achievement of the objectives of this Regulation by serving as a hub for knowledge, expertise and research on matters related to the prevention and combating of online child sexual abuse, including on the successful initiatives and good practices on the proactive search for online child sexual material, trends in its creation and monetisation, as well as the voluntary prevention, detection and mitigation of online child sexual abuse. In this connection, the EU Centre should cooperate on a regular basis with relevant stakeholders from both within and outside the Union, including law enforcement authorities with the relevant expertise, educators, civil society, service providers and industry representatives, and allow Member States to benefit from the knowledge and expertise gathered, including best practices and lessons learned.
Amendment 75 #
2022/0155(COD)
Proposal for a regulation
Recital 69
Recital 69
(69) In order to allow for the effective and efficient performance of its tasks, the EU Centre should closely cooperate with Coordinating Authorities, the Europol and relevant partner organisations, such as the US National Centre for Missing and Exploited Children or the International Association of Internet Hotlines (‘INHOPE’) network of hotlines for reporting child sexual abuse material, within the limits sets by this Regulation and other legal instruments regulating their respective activities. To facilitate and support such cooperation and build on the best practices and expertise acquired, the necessary arrangements should be made, including the designation of contact officers by Coordinating Authorities and the conclusion of memoranda of understanding with Europol and, where appropriate, with one or more of the relevant partner organisations located in the Union and outside the Union.
Amendment 77 #
2022/0155(COD)
Proposal for a regulation
Recital 70
Recital 70
(70) Longstanding Union support for both INHOPE and its member hotlines recognises that hotlines and organisations which act in the public interest against child sexual abuse and which proactively search for child sexual abuse material or which do research and gather information on the trends in the dissemination and monetisation of child sexual abuse material, are in the frontline in the fight against online child sexual abuse. The EU Centre should leverage the network of hotlines and organisations and encourage that they work together effectively with the Coordinating Authorities, providers of relevant information society services and law enforcement authorities of the Member States. The hotlines’ expertise and experience is an invaluable source of information on the early identification of common threats and solutions, as well as on regional and national differences across the Union.
Amendment 80 #
2022/0155(COD)
Proposal for a regulation
Recital 70 a (new)
Recital 70 a (new)
(70 a) In line with Directive 2011/93/EU of the European Parliament and of the Council, this Regulation recognises and safeguards the key role of hotlines in order to enhance the fight against child sexual abuse online in the European Union. Hotlines have a track-record of proven capability since 1999 in the identification and removal of child sexual abuse material from the digital environment and have created a worldwide network and procedures for the child sexual abuse identification and removal. Member States should therefore promote and safeguard the role of formally recognized non-governmental organizations involved in anonymous public reporting of child sexual abuse material, which are at the forefront of detecting new child sexual abuse material, which is an essential factor in finding new victims while also keeping the databases of indicators up to date.
Amendment 86 #
2022/0155(COD)
Proposal for a regulation
Recital 75
Recital 75
(75) In the interest of transparency and accountability and to enable evaluation and, where necessary, adjustments, providers of hosting services, providers of publicly available interpersonal communications services and providers of internet access services, Coordinating Authorities and the EU Centre should be required to collect, record and analyse information, based on anonymised gathering of non-personal data and to publish annual reports on their activities under this Regulation. The Coordinating Authorities should cooperate with Europol and with law enforcement authorities and other relevant national authorities of the Member State that designated the Coordinating Authority in question and when appropriate, with partner organisations, in gathering that information.
Amendment 93 #
2022/0155(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point w a (new)
Article 2 – paragraph 1 – point w a (new)
(w a) ‘hotline’ means an organisation providing a mechanism, other than the reporting channels provided by law enforcement agencies, for receiving anonymous information from the public about alleged child sexual abuse material and online child sexual exploitation, which meets all the following criteria: (a) is officially recognised by its home Member State as expressed in the Directive 2011/93/EU of the European Parliament and of the Council; (b) has the mission of combatting child sexual abuse material in its articles of association; and (c) is part of a recognised and well-established international network of hotlines as referred to in this article.
Amendment 95 #
2022/0155(COD)
Proposal for a regulation
Chapter I a (new)
Chapter I a (new)
Ia PREVENTION AND EDUCATION PROGRAMMES Article 2 a (new) 1. Member States shall take appropriate measures, such as education, awareness raising campaigns and training, to discourage and reduce the demand that fosters all forms of sexual exploitation of children in the online environment. 2. Member States shall take appropriate action, including through the Internet, such as information and awareness- raising campaigns, research and early- education programmes, where appropriate in cooperation with relevant civil society organisations acting in the public interest against child sexual abuse, law enforcement authorities and other stakeholders, aimed at raising awareness and reducing the risk of children becoming victims of sexual abuse or of exploitation online. 3. Member States shall promote regular training for officials likely to come into contact with child victims of sexual abuse or exploitation online, including the solicitation of children, aimed at enabling them to identify and deal with child victims and potential child victims. 4. Member States shall promote regular training for officials to inform them and update their knowledge on the latest trends in the creation, dissemination and monetization of child sexual abuse materials and national data hosting of child sexual abuse material.
Amendment 98 #
2022/0155(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point b a (new)
Article 4 – paragraph 1 – point b a (new)
(b a) to provide, through appropriate technical and operational measures, readily accessible and easy-to-use parental tools to help parents or guardians support children and identify harmful behaviour;
Amendment 99 #
2022/0155(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point c
Article 4 – paragraph 1 – point c
(c) initiating or adjusting cooperation, in accordance with competition law, with other providers of hosting services or providers of interpersonal communication services, public authorities, civil society organisations, hotlines or, where applicable, entities awarded the status of trusted flaggers in accordance with Article 19 of Regulation (EU) …/… [on a Single Market For Digital Services (Digital Services Act) and amending Directive 2000/31/EC] .
Amendment 100 #
2022/0155(COD)
Proposal for a regulation
Article 6 a (new)
Article 6 a (new)
Article 6 a Anonymous public reporting of online child sexual abuse 1. Member States shall take appropriate measures to promote and safeguard the role of formally recognized non- governmental organizations involved in anonymous public reporting of child sexual abuse material and the proactive search for such material. 2. Member States shall ensure that the public always has the possibility to anonymously report child sexual abuse material and child sexual exploitation activities to hotlines specialised in combatting online child sexual abuse material and shall safeguard the role of such hotlines in anonymous public reporting. 3. Member States shall ensure that the hotlines referred to in paragraph 2 operating in their territory are authorised to view, assess and process anonymous reports of child sexual abuse material. 4. Member States shall grant the hotlines referred to in paragraph 2 the authority to issue content removal notices for confirmed instances of child sexual abuse material. 5. Member States shall authorise the hotlines referred to in paragraph 2 to voluntarily conduct pro-active searching for child sexual abuse material online.
Amendment 101 #
2022/0155(COD)
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
1. Where a provider of hosting services or a provider of interpersonal communications services becomes aware in any manner other than through a removal order issued in accordance with this Regulation or by the report submitted by the recognised hotline, which results in its voluntary and timely removal, of any information indicating potential online child sexual abuse on its services, it shall promptly submit a report thereon to the EU Centre in accordance with Article 13. It shall do so through the system established in accordance with Article 39(2).
Amendment 102 #
2022/0155(COD)
Proposal for a regulation
Article 19 – paragraph 1
Article 19 – paragraph 1
Providers of relevant information society services, hotlines and organisations acting solely in the public interest against child sexual abuse shall not be liable for child sexual abuse offences solely because they carry out, in good faith, the necessary activities to comply with the requirements of this Regulation, in particular activities aimed at detecting, identifying, removing, disabling of access to, blocking or reporting online child sexual abuse in accordance with those requirements.
Amendment 107 #
2022/0155(COD)
Proposal for a regulation
Article 21 – paragraph 1
Article 21 – paragraph 1
1. Providers of hosting services shall provide reasonable assistance, on request, to persons residing in the Union that seek to have one or more specific items of known child sexual abuse material depicting them removed or to have access thereto disabled by the provider complemented in a timely matter and, if requested and appropriate, also included in the list of indicators used to prevent the further dissemination of these items.
Amendment 120 #
2022/0155(COD)
Proposal for a regulation
Article 26 – paragraph 2 – point c
Article 26 – paragraph 2 – point c
(c) are free from any undue external influence, whether direct or indirect; it being understood that the membership of the Coordinating Authority in a recognised international network shall not prejudice its independent character;
Amendment 124 #
2022/0155(COD)
Proposal for a regulation
Article 40 – paragraph 2
Article 40 – paragraph 2
2. The EU Centre shall contribute to the achievement of the objective of this Regulation by supporting and facilitating the implementation of its provisions concerning the detection, reporting, removal or disabling of access to, and blocking of online child sexual abuse and gather and share information, educational materials and expertise and facilitate cooperation between relevant public and private parties in connection to the prevention and combating of child sexual abuse, in particular online.
Amendment 127 #
2022/0155(COD)
Proposal for a regulation
Article 43 – paragraph 1 – point 6 – introductory part
Article 43 – paragraph 1 – point 6 – introductory part
(6) facilitate the generation and sharing of knowledge with other Union institutions, bodies, offices and agencies, organisations acting in the public interest against child sexual abuse and hotlines, Coordinating Authorities or other relevant authorities of the Member States to contribute to the achievement of the objective of this Regulation, by:
Amendment 132 #
2022/0155(COD)
Proposal for a regulation
Article 43 – paragraph 1 – point 6 – point b
Article 43 – paragraph 1 – point 6 – point b
(b) supporting the development and dissemination of research, educational materials and expertise on those matters and on assistance to victims, including by serving as a hub of expertise to support evidence-based policy;
Amendment 137 #
2022/0155(COD)
Proposal for a regulation
Article 43 – paragraph 1 – point 6 a (new)
Article 43 – paragraph 1 – point 6 a (new)
(6 a) supporting and promoting the regular exchange of best practices and lessons learned among Member States on raising awareness for the prevention of child sexual abuse, prevention programmes and non-formal and formal education on the risks of sexual abuse in the digital environment;
Amendment 138 #
2022/0155(COD)
Proposal for a regulation
Article 43 – paragraph 1 – point 6 b (new)
Article 43 – paragraph 1 – point 6 b (new)
(6 b) provide assistance with training on prevention of child sexual abuse online for officials from Member States;
Amendment 139 #
2022/0155(COD)
8 a. Where the EU Centre receives a report from a hotline, or where a provider that submitted the report to the EU Centre has indicated that the report is based on the information received from a hotline, the EU Centre shall refrain from forwarding the report to the competent law enforcement authority or authorities to avoid duplicated reporting on the same material that has already been reported to the national law enforcement by the hotlines, and shall monitor the removal of the child sexual abuse material or cooperate with the relevant hotline to track the status.
Amendment 145 #
2022/0155(COD)
Proposal for a regulation
Article 54 – paragraph 1
Article 54 – paragraph 1
1. Where necessary for the performance of its tasks under this Regulation, the EU Centre mayshall cooperate with organisations and networks with information and expertise on matters related to the prevention and combating of online child sexual abuse, including civil society organisations and semi-public organisations. In particular, the cooperation with the EU Centre referred to in paragraph 1 may include the following: (a) supporting the Commission in the preparation of the guidelines referred to in Article 3(8), Article 4(5), Article 6(4) and Article 11; (b) updating the databases of indicators referred to in Article 44; (c) making technologies available to providers for the execution of detection orders issued to them, in accordance with Article 50(1); or (d) innovation of the detection technologies and education of the service providers and other stakeholders on the effective prevention and mitigation measures through information sharing or collective action.
Amendment 146 #
2022/0155(COD)
Proposal for a regulation
Article 54 – paragraph 2
Article 54 – paragraph 2
2. The EU Centre may conclude memoranda of understandingstrategic and/or operational cooperation agreements with organisations referred to in paragraph 1, laying down the terms of cooperation.
Amendment 147 #
2022/0155(COD)
Proposal for a regulation
Article 83 a (new)
Article 83 a (new)
Article 83 a Data collection on prevention programmes Member States shall report on the anticipated number of children in primary education who have been informed through the awareness campaigns and through the education programmes about the risks of all forms of sexual exploitation of children, including in the online environment.
Amendment 180 #
2022/0095(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 37
Article 2 – paragraph 1 – point 37
(37) ‘unsold consumer product’ means any consumer product that has not been sold or unused consumer product that has been returned by a consumer in view of their right of withdrawal in accordance with Article 9 of Directive (EU) 2011/83/EU;
Amendment 192 #
2022/0095(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 59
Article 2 – paragraph 1 – point 59
(59) ‘product presenting a serious risk’ means a product presenting a risk for which, based on an assessment, the degree of the relevant non-compliance or the associated harm is considered to require rapid intervention by the market surveillance authorities, including cases where the effects of the non-compliance are not immediate.as identified by the Regulation ON GENERAL PRODUCT SAFETY
Amendment 241 #
2022/0095(COD)
Proposal for a regulation
Article 5 – paragraph 4 – point a – point ii
Article 5 – paragraph 4 – point a – point ii
(ii) relevant Union legislation, including the extent to which it addresses the relevant product aspects listed in paragraph 1, to ensure harmonisation and assure the avoidance of double regulation or overregulation;
Amendment 253 #
2022/0095(COD)
Proposal for a regulation
Article 5 – paragraph 5 – point a
Article 5 – paragraph 5 – point a
(a) there shall be no significant negative impact on the functionality or safety of the product, from the perspective of the user;
Amendment 302 #
2022/0095(COD)
Proposal for a regulation
Article 8 – paragraph 3 – point c
Article 8 – paragraph 3 – point c
(c) (d new) improve traceability of products along the value chain. without compromising data security of economical actors. To protect confidential business information and comply with requirement (b) of paragraph 3, actors in the value chains should make a specific request to the manufacturer when the information cannot be shared publicly, and the information needs to be shared in a secure way.
Amendment 306 #
2022/0095(COD)
Proposal for a regulation
Article 8 – paragraph 3 – point c a (new)
Article 8 – paragraph 3 – point c a (new)
(c a) (a new) be justified to significantly improve the environmental sustainability of products and to ensure free movement in the internal market;
Amendment 322 #
2022/0095(COD)
Proposal for a regulation
Article 9 – paragraph 1 – subparagraph 1 – point f a (new)
Article 9 – paragraph 1 – subparagraph 1 – point f a (new)
(f a) (g new) where relevant, it shall rely on existing databases, including Substances of Concern In articles as such or in complex objects (Products) and the European Product Registry for Energy Labelling and established industry solutions.
Amendment 333 #
2022/0095(COD)
Proposal for a regulation
Article 12 – paragraph 1 – subparagraph 1
Article 12 – paragraph 1 – subparagraph 1
The Commission shall set up and maintain a registry storing information included in the product passports required by delegated acts adopted pursuant toa list of the data carriers and unique product identifiers referred to in Article 49(1).
Amendment 334 #
2022/0095(COD)
Proposal for a regulation
Article 12 – paragraph 1 – subparagraph 2
Article 12 – paragraph 1 – subparagraph 2
Amendment 335 #
2022/0095(COD)
Proposal for a regulation
Article 12 – paragraph 2 – introductory part
Article 12 – paragraph 2 – introductory part
2. The Commission shall, in the delegated acts adopted pursuant to Article 4, specify the information which, in addition to being included in the product passport, shallInformation required to be stored in the registry referred to in paragraph 1, taking into account at leastshall be justified for the following criteriareasons:
Amendment 346 #
2022/0095(COD)
Proposal for a regulation
Article 20 – paragraph 3 – subparagraph 2 – point a
Article 20 – paragraph 3 – subparagraph 2 – point a
(a) health and safety concerns, including of counterfeit goods;
Amendment 427 #
2022/0095(COD)
Proposal for a regulation
Article 30 – paragraph 3 – subparagraph 1 – introductory part
Article 30 – paragraph 3 – subparagraph 1 – introductory part
When requiring, upon a reasoned request from a national authority, manufacturers, their authorised representatives or importers to make parts of the technical documentation related to the relevant product digitally available pursuant to Article 4, third subparagraph, point (a), the Commission shall take into account the following criteria:
Amendment 435 #
2022/0095(COD)
Proposal for a regulation
Article 32 – paragraph 1
Article 32 – paragraph 1
1. For the purposes of compliance and verification of compliance with ecodesign requirements, tests, measurements and calculations shall be made using actionable, reliable, accurate and, reproducible and standardised methods that take into account the generally recognised state-of- the art methods. Such methods shall fulfil the test, measurement and calculation requirements set out in the relevant delegated acts adopted pursuant to Article 4.
Amendment 443 #
2022/0095(COD)
Proposal for a regulation
Article 35 – paragraph 1 – subparagraph 1 – introductory part
Article 35 – paragraph 1 – subparagraph 1 – introductory part
The Commission may, where there is agreement with the standardization organisations that is appropriate, adopt implementing acts laying down common specifications for ecodesign requirements, the essential requirements for product passports referred to in Article10 or for test, measurement or calculation methods referred to in Article 32, in the following situations:
Amendment 116 #
2022/0047(COD)
Proposal for a regulation
Recital 21
Recital 21
(21) Products may be designed to make certain data directly available from an on- device data storage or from a remote server to which the data are communicated. Access to the on-device data storage may be enabled via cable-based or wireless local area networks connected to a publicly available electronic communications service or a mobile network. The server may be the manufacturer’s own local server capacity or that of a third party or a cloud service provider who functions as data holder. Data processors as defined in Regulation (EU) 2016/679 are by default not considered to act as data holders, unless specifically tasked by the data controller. They may be designed to permit the user or a third party to process the data on the product or on a computing instance of the manufacturer.
Amendment 170 #
2022/0047(COD)
Proposal for a regulation
Recital 57
Recital 57
(57) In case of public emergencies, such as public health emergencies, emergencies resulting from environmental degradation and major natural disasters including those aggravated by climate change, as well as human-induced major disasters, such as major cybersecurity incidents, the public interest resulting from the use of the data will outweigh the interests of the data holders to dispose freely of the data they hold. In such a case, data holders should be placed under an obligation to make the data available to public sector bodies or to Union institutions, agencies or bodies upon their request. The existence of a public emergency is determined according to the respective procedures in the Member States or of relevant international organisations. In the case of major cybersecurity incidents, this should not result in the duplication of requirements for firms such as those under Regulation XXXX/XXXX on Digital Operational Resilience for the financial sector and the Directive XXXX/XXXX on measures for a high common level of cybersecurity across the union, repealing Directive (EU) 2016/1148.
Amendment 174 #
2022/0047(COD)
Proposal for a regulation
Recital 69
Recital 69
(69) The ability for customers of data processing services, including cloud and edge services, to switch from one data processing servicecloud service provider to another, while maintaining a minimum functionality of service, is a key condition for a more competitive market with lower entry barriers for new service providers. Facilitating a multi-cloud approach for customers of cloud services also contributes to increase their digital operational resilience, as recognised for financial service institutions in the Digital Operational Resilience Act (DORA).
Amendment 178 #
2022/0047(COD)
Proposal for a regulation
Recital 69 a (new)
Recital 69 a (new)
(69a) Unnecessarily high data egress fees, or data transfer costs have the potential to restrict competition and cause lock-in effects for the customers of data processing services, by reducing incentives to choose a different or additional service provider. Therefore, the gradual withdrawal of the charges associated with switching data processing services shall specifically include withdrawing any “egress fees” charged by the data processing service to a customer.
Amendment 181 #
2022/0047(COD)
Proposal for a regulation
Recital 71
Recital 71
(71) Data processCloud computing services should cover services that allow on-demand and broad remote access to a scalable and elastic pool of shareable and distributed computing resources. Those computing resources include resources such as networks, servers or other virtual or physical infrastructure, operating systems, software, including software development tools, storage, applications and services. The deployment models of cloud computing should include private, community, public and hybrid cloud. The aforementioned service and deployment models have the same meaning as the terms of service and deployment models defined under ISO/IEC 17788:2014 standard. The capability of the customer of the data processing service to unilaterally self- provision computing capabilities, such as server time or network storage, without any human interaction by the service provider of cloud computing services could be described as on-demand administration. The term ‘broad remote access’ is used to describe that the computing capabilities are provided over the network and accessed through mechanisms promoting the use of heterogeneous thin or thick client platforms (from web browsers to mobile devices and workstations). The term ‘scalable’ refers to computing resources that are flexibly allocated by the data processprovider of cloud computing service providers, irrespective of the geographical location of the resources, in order to handle fluctuations in demand. The term ‘elastic pool’ is used to describe those computing resources that are provisioned and released according to demand in order to rapidly increase or decrease resources available depending on workload. The term ‘shareable’ is used to describe those computing resources that are provided to multiple users who share a common access to the service, but where the processing is carried out separately for each user, although the service is provided from the same electronic equipment. The term ‘distributed’ is used to describe those computing resources that are located on different networked computers or devices and which communicate and coordinate among themselves by message passing. The term ‘highly distributed’ is used to describe data processing services that involve data processing closer to where data are being generated or collected, for instance in a connected data processing device. Edge computing, which is a form of such highly distributed data processing, is expected to generate new business models and cloud service delivery models, which should be open and interoperable from the outset.
Amendment 184 #
2022/0047(COD)
Proposal for a regulation
Recital 72
Recital 72
(72) This Regulation aims to facilitate switching between data processing services, which encompasses all conditions and actions that are necessary for a customer to terminate a contractual agreement of a data processing service, to conclude one or multiple new contracts with different providers of data processing services, to port all its digital assets, including data, to the concerned other providers and to continue to use them in the new environment while benefitting from functional equivalence. It should be noted that the data processing services in scope are those where data processing, as defined under the Regulation, forms part of the core-business of a provider. Digital assets refer to elements in digital format for which the customer has the right of use, including data, applications, virtual machines and other manifestations of virtualisation technologies, such as containers. Functional equivalence means the maintenance of a minimum level of functionality of a service after switching, and should be deemed technically feasible whenever both the originating and the desSwitching is an operation consisting in three main successive steps: i) data extraction, i.e downloading data from a originating provider’s ecosystem; ii) transformation, when the data is structured in a way that matches the schema of the target location iii) load of the data in a new destination location. Obstacles of different natures may occur during the different steps of the switching process. Cloud service providers and clients have different levels of responsibilities, depending on the steps of the process referred to. Obstacles to switching are of different nature, depending on the step of the switching process it is referred to. Functional equivalence means a definition as agreed upon by a customer and provider of data processing services, or the maintenance of a minimum level of pre-defined functionality during the switching process, to such an extent that the service will deliver comparable minimum level functionality, such as the same output at the same performance and with the same level of security, operational resilience and quality of service as agreed at the time of termination of the contract, where both the original and destination service providers independently offer the same core functionation data processing services cover (in part or in whole) the same service type. Meta-data, generated by the customer’s use of a service, should also be portable pursuant to this Regulation’s provisions on switching. lity; Services can only be expected to facilitate functional equivalence for the functionalities that both the originating and destination service offer. The Regulation does not instance an obligation of facilitating functional equivalence for data processing services of the PaaS and/or SaaS delivery model. Meta-data, generated by the customer’s use of a service, should also be portable pursuant to this Regulation’s provisions on switching. Data processing services are used across sectors and vary in complexity and service type; this is an important consideration with regards to the porting process and the timeframes.
Amendment 190 #
2022/0047(COD)
Proposal for a regulation
Recital 74
Recital 74
(74) Data processProviders of cloud computing service providers should be required to remove all relevant obstacles, offer all assistance and support that is required to make the switching process successful, safe and effective and in line with the industry best practices, without requiring those data processing servicecloud computing providers to develop new categories of services within or on the basis of the IT-infrastructure of different data processing service providers to guarantee functional equivalence in an environment other than their own systems. Nevertheless, service providers are required to offer all assistance and support that is required to make the switching process effective. Providers of cloud computing services should support development of customer’s exit strategy relevant to the contracted services, including through providing information such as procedures for initiating switching from the cloud computing service, the machine-readable data formats that user’s data can be exported to, the tools, including at least one open standard data portability interface, foreseen to export data, information on known technical restrictions and limitations that could impact switching process, estimated time necessary to complete the switching process and additional services offered to facilitate the switching process, including the ability of the customer to test its switching process. Existing rights relating to the termination of contracts, including those introduced by Regulation (EU) 2016/679 and Directive (EU) 2019/770 of the European Parliament and of the Council67 should not be affected. Any mandatory period under this Regulation shall not affect the compliance with goals under sectoral legislation. _________________ 67 Directive (EU) 2019/770 of the European Parliament and of the Council of 20 May 2019 on certain aspects concerning contracts for the supply of digital content and digital services (OJ L 136, 22.5.2019, p. 1).
Amendment 192 #
2022/0047(COD)
Proposal for a regulation
Recital 75 a (new)
Recital 75 a (new)
(75a) In order to facilitate switching between cloud computing services, providers of destination cloud computing services should cooperate in good faith with the provider of source cloud computing services with a view to enable the timely transfer of necessary items such as data or applications.
Amendment 194 #
2022/0047(COD)
Proposal for a regulation
Recital 75 b (new)
Recital 75 b (new)
(75b) Certain cloud computing services, such as cloud computing services, which have been custom built to facilitate a specific customer’s need, or cloud computing services that operate on a trial basis or only supply a testing and evaluation service for business product offerings, should be exempted from the obligations applicable to cloud computing service switching.
Amendment 196 #
2022/0047(COD)
Proposal for a regulation
Recital 76
Recital 76
(76) Open interoperability specifications and standards developed in accordance with paragraph 3 and 4 of Annex II of Regulation (EU) 1025/2021 in the field of interoperability and portability enable a seamless multi-vendor cloud environment, which is a key requirement for open innovation in the European data economy. As market-driven processes have not demonstrated the capacity to establish technical specifications or standards that facilitate effective cloud computing service interoperability at the PaaS (platform-as-a- service) and SaaS (software-as-a-service) levels, the Commission should be able, on the basis of this Regulation and in accordance with Regulation (EU) No 1025/2012, to request European standardisation bodies to develop such standards, particularly forfor equivalent service types where such standards do not yet exist. In addition to this, the Commission will encourage parties in the market to develop relevant open interoperability specifications. TFollowing consultation with stakeholders and taking into account relevant international and European standards and self-regulating initiatives, the Commission, by way of delegated acts, can mandate the use of European standards for interoperability or open interoperability specifications for specific equivalent service types through a reference in a central Union standards repository for the interoperability of data processcloud computing services. European standards and open interoperability specifications will only be referenced if in compliance with the criteria specified in this Regulation, which have the same meaning as the requirements in paragraphs 3 and 4 of Annex II of Regulation (EU) No 1025/2021 and the interoperability facets defined under the ISO/IEC 19941:2017.
Amendment 198 #
2022/0047(COD)
Proposal for a regulation
Recital 79
Recital 79
(79) Standardisation and semantic interoperability should play a key role to provide technical solutions to ensure interoperability. In order to facilitate the conformity with the requirements for interoperability, it is necessary to provide for a presumption of conformity for interoperability solutions that meet harmonised standards or parts thereof in accordance with Regulation (EU) No 1025/2012 of the European Parliament and of the Council. The Commission should adopt common specifications in areas where no harmonised standards exist or where they are insufficient in order to further enhance interoperability for the common European data spaces, application programming interfaces, cloud switching as well as smart contracts. Additionally, common specifications in the different sectors could remain to be adopted, in accordance with Union or national sectoral law, based on the specific needs of those sectors. Reusable data structures and models (in form of core vocabularies), ontologies, metadata application profile, reference data in the form of core vocabulary, taxonomies, code lists, authority tables, thesauri should also be part of the technical specifications for semantic interoperability. Furthermore, following consultation with stakeholders and taking into account relevant international and European standards and self-regulating initiatives the Commission should be enabled to mandate the development of harmonised standards for the interoperability of data processcloud computing services.
Amendment 211 #
2022/0047(COD)
Proposal for a regulation
Article 1 – paragraph 4 a (new)
Article 1 – paragraph 4 a (new)
4 a. The obligations on 'data holders' laid down in Chapters II, V and VI in this Regulation shall not apply to public sector bodies.
Amendment 215 #
2022/0047(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 1
Article 2 – paragraph 1 – point 1
(1) ‘data’ means any digital representation of acts, facts or information and any compilation of such acts, facts or information, including in the form of sound, visual or audio-visual recording, however only raw 'data' that has not undergone any processing beyond mere collection or is generated as a by-product of the user's actions, including diagnostics and other technical data;
Amendment 251 #
2022/0047(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 10
Article 2 – paragraph 1 – point 10
(10) ‘public emergency’ means an exceptional situation negatively affecting the population of the Union, a Member State or part of it, with a risk of seriousany life- threatening, serious hazard and lasting repercussions on living conditions or economic stability, or the substantial degradation of economic assets in the Union or the relevant Member State(s) as a consequence of: a) a major or regional natural disaster having the Union or the relevant Memberaken place on the territory of the same eligible State or of a neighbouring eligible State; or b) a major public health emergency having taken place on the territory of the same eligible State(s);
Amendment 254 #
2022/0047(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 12
Article 2 – paragraph 1 – point 12
(12) ‘data process'cloud computing service’ means a digital service other than an online content service as defined in Article 2(5) of Regulation (EU) 2017/1128, provided to a customer, which enables on-demand administration and broad remoservice enabling ubiquitous, scalable, elastic and on-demand network access to a shared pool of configurable computing resources of a centralised, distributed or highly distributed nature provided to a customer that can be rapidly provisioned and released with minimal management effort or service provider inte raccess to a scalable and elastic pool of shareable computing resources of a centralised, distributed or highly distributed nature;tion; (This amendment applies throughout the text [cloud computing service] shall replace [data processing service]. Adopting it will necessitate corresponding changes throughout.)
Amendment 261 #
2022/0047(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 13 a (new)
Article 2 – paragraph 1 – point 13 a (new)
(13a) ‘cloud computing service data portability’ means the ability of the cloud service to move and suitably adapt its data between the customer’s cloud services, including in different deployment models;
Amendment 263 #
2022/0047(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 13 b (new)
Article 2 – paragraph 1 – point 13 b (new)
(13b) 'cloud computing service switching’ means the process where a cloud service customer suitably changes from using one cloud computing service to using a second equivalent or other service offered by a different provider of cloud computing services, involving the provider of source cloud computing services, the customer and the provider of destination cloud computing services.
Amendment 266 #
2022/0047(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 14
Article 2 – paragraph 1 – point 14
(14) ‘functional equivalence’ means a definition as agreed upon by a customer and provider of data processing services, or the maintenance of a minimum level of pre-defined functionality in the environment of a new data processing service after the switching process, to such an extent that, in response to an input action by the user on core elements of the service, the desduring the switching process, to such an extent that the service will deliver comparable minimum level functionation service will deliverlity, such as the same output at the same performance and with the same level of security, operational resilience and quality of service as the originating service at the time of termination of the contractagreed at the time of termination of the contract, where both the original and destination service providers independently offer the same core functionality;
Amendment 272 #
2022/0047(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 20 a (new)
Article 2 – paragraph 1 – point 20 a (new)
(20a) ‘Switching’ shall be understood as the process enabling, for any client of a cloud service provider, to extract, transform and load their data to another provider(s). By extension, switching also applies to configurations where data transfers occur when clients of cloud service providers are using several providers simultaneously.
Amendment 296 #
2022/0047(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point a a (new)
Article 3 – paragraph 2 – point a a (new)
(aa) How long time the data holder shall store such data and thus make it available for the data user.
Amendment 328 #
2022/0047(COD)
Proposal for a regulation
Article 5 – paragraph 2
Article 5 – paragraph 2
Amendment 347 #
2022/0047(COD)
Proposal for a regulation
Article 6 – paragraph 2 – point d
Article 6 – paragraph 2 – point d
Amendment 364 #
2022/0047(COD)
Proposal for a regulation
Article 8 – paragraph 3
Article 8 – paragraph 3
3. A data holder shall not discriminate between comparable categories of data recipients, including partner enterprises or linked enterprises, as defined in Article 3 of the Annex to Recommendation 2003/361/EC, of the data holder, when making data available. Where a data recipient considershas a reasonable doubt that the conditions under which data has been made available to it to be discriminatory, it shall be for the data holder and the data recipient to demonstrate thatwhether there has been no discrimination.
Amendment 380 #
2022/0047(COD)
Proposal for a regulation
Article 9 – paragraph 4 a (new)
Article 9 – paragraph 4 a (new)
4a. The data holder should be allowed to charge the data user for a value-added data service irrespective of article 4.1.
Amendment 470 #
2022/0047(COD)
Proposal for a regulation
Article 23 – paragraph 1 – introductory part
Article 23 – paragraph 1 – introductory part
1. Providers of a data processcloud computing service shall take the measures provided for in Articles 24, 25 and 26 to ensure that customers of their service canable customers switching to another data processcloud computing service, covering the sameequivalent service type, which is provided by a different service provider of cloud computing services. In particular, providers of data processa cloud computing service shall removnot impose commercial, technical, contractual and organisational obstacles, which inhibit customers from:
Amendment 473 #
2022/0047(COD)
Proposal for a regulation
Article 23 – paragraph 1 – point a
Article 23 – paragraph 1 – point a
(a) terminating, after a maximum notice period of 30 calendar days or after a notice period agreed in the contractual agreement between the customer and the provider of cloud computing services, the contractual agreement of the service;
Amendment 479 #
2022/0047(COD)
Proposal for a regulation
Article 23 – paragraph 1 – point b
Article 23 – paragraph 1 – point b
(b) concluding new contractual agreements with a different provider of data processcloud computing services covering the sameequivalent service type;
Amendment 480 #
2022/0047(COD)
Proposal for a regulation
Article 23 – paragraph 1 – point c
Article 23 – paragraph 1 – point c
(c) porting ithe customer's data, applications and other digital assets to another provider of data processing services; and receiving its data, applications, depending on the service type, and other digital assets from the cloud computing provider;
Amendment 486 #
2022/0047(COD)
Proposal for a regulation
Article 23 – paragraph 1 – point d
Article 23 – paragraph 1 – point d
(d) maintaining functional equivalence of the service in the IT-environment of the different provider or providers of data processing servicecloud computing providers covering the same service type, in accordance with Article 26. , without requiring those cloud computing providers to develop or copy new categories of services within or on the basis of the IT-infrastructure of different cloud computing providers to guarantee functional equivalence in an environment other than their own systems.
Amendment 488 #
2022/0047(COD)
Proposal for a regulation
Article 23 – paragraph 2
Article 23 – paragraph 2
Amendment 490 #
2022/0047(COD)
Proposal for a regulation
Article 23 – paragraph 2
Article 23 – paragraph 2
2. Paragraph 1 shall only apply to obstacles that are related to the services, contractual agreements or commercial practices provided by the original providerprovider of source cloud computing services.
Amendment 496 #
2022/0047(COD)
Proposal for a regulation
Article 24 – paragraph 1 – introductory part
Article 24 – paragraph 1 – introductory part
1. The rights of the customer and the obligations of the provider of a data processcloud computing service in relation to switching between providers of such services shall be clearly set out in a written contract. Without prejudice to Directive (EU) 2019/770, that contrace provider of cloud computing services shall ensure that contractual agreement shall include at least the following:
Amendment 501 #
2022/0047(COD)
Proposal for a regulation
Article 24 – paragraph 1 – point a – introductory part
Article 24 – paragraph 1 – point a – introductory part
(a) clauses allowing the customer, upon request, to switch to a data processing service offered by another provider of data processing service or to port all data, applications and digital assets generated directly or indirectly by the customer to an on-premise system, in particular the establishment of a mandatory maximum transition period of 30 calendar days, to be initiated after the maximum notice period referred to in Article 23, during which the data processing service provider shall:
Amendment 512 #
2022/0047(COD)
Proposal for a regulation
Article 24 – paragraph 1 – point a – point 1
Article 24 – paragraph 1 – point a – point 1
(1) assist and, where technically feasible, complethrough and facilitate the switching process;
Amendment 514 #
2022/0047(COD)
Proposal for a regulation
Article 24 – paragraph 1 – point a – point 2
Article 24 – paragraph 1 – point a – point 2
(2) ensure fullact with due care to maintain business continuity and security of the service and, taking into account the advancement in the switching process, ensure, to the greatest extent possible, continuity in the provision of the respectivelevant functions or services within the provider of source cloud computing services’ infrastructure capacity and according to the contractual obligations.
Amendment 518 #
2022/0047(COD)
Proposal for a regulation
Article 24 – paragraph 1 – point a – point 2 a (new)
Article 24 – paragraph 1 – point a – point 2 a (new)
(2 a) provide clear information concerning known risks to continuity in the provision of the respective functions or services from the side of provider of source cloud computing services during the switching process.
Amendment 522 #
2022/0047(COD)
Proposal for a regulation
Article 24 – paragraph 1 – point a – point 2 b (new)
Article 24 – paragraph 1 – point a – point 2 b (new)
(2 b) obligation to complete the switching process within the period which may not exceed 6 months. The customer shall retain the right to extend this period, if needed, prior to or during the switching process;
Amendment 527 #
2022/0047(COD)
Proposal for a regulation
Article 24 – paragraph 1 – point b
Article 24 – paragraph 1 – point b
(b) an exhaustive specification of all data and application categories exportable during the switching process, including, at minimum, all data imported by the customer at the inception of the service agreement and all data and metadata related to the customer's services and created by the customer and by the use of the service during the period the service was provided, including, but not limited to, configuration parameters, security settings, access rights and access logs to the service; being understood that cloud service providers shall not be required to disclose trade secrets or other proprietary information.
Amendment 534 #
2022/0047(COD)
Proposal for a regulation
Article 24 – paragraph 1 – point b a (new)
Article 24 – paragraph 1 – point b a (new)
(b a) support for development of the customer’s exit strategy relevant to the contracted services, including through providing information such as procedures for initiating switching from the cloud computing service, the machine-readable data formats that user’s data can be exported to, the tools, including at least one open standard data portability interface, foreseen to export data, known technical restrictions and limitations that could impact switching process, estimated time necessary to complete the switching process, costs indication related to the data transfers and additional services offered to facilitate the switching process, including the ability of the customer to test its switching process.
Amendment 536 #
2022/0047(COD)
Proposal for a regulation
Article 24 – paragraph 1 – point c
Article 24 – paragraph 1 – point c
(c) a minimum period for data retrieval of at least 30 calendar days, starting after the termination of the transition period that was agreed between the customer and the service provider of cloud computing services, in accordance with paragraph 1, point (a) and paragraph 2.
Amendment 547 #
2022/0047(COD)
Proposal for a regulation
Article 24 – paragraph 2 a (new)
Article 24 – paragraph 2 a (new)
2 a. Following a successful switch to another provider or back on-premises by the customer, the provider of the cloud computing service should be required to permanently delete the user data, unless otherwise expressly agreed.
Amendment 548 #
2022/0047(COD)
Proposal for a regulation
Article 24 a (new)
Article 24 a (new)
Amendment 553 #
2022/0047(COD)
Proposal for a regulation
Article 25 – paragraph 1
Article 25 – paragraph 1
1. From [date X+3yrs, the date of entry into force of this Regulation] onwards, providers of data processcloud computing services shall not impose any charges on the customers who are consumers for the switching process.
Amendment 565 #
2022/0047(COD)
Proposal for a regulation
Article 25 – paragraph 2
Article 25 – paragraph 2
2. From [date X, the date of entry into force of the Data Act] until [date X+3yrsis Regulation], providers of data processcloud computing services mayshall impose reduced charges on theall customers for the switching process.
Amendment 570 #
2022/0047(COD)
Proposal for a regulation
Article 25 – paragraph 3
Article 25 – paragraph 3
3. The charges referred to in paragraph 2 shall not exceed the costs incurred by the provider of data processcloud computing services that are directly linked to the switching process and shall be associated with mandatory operations that the provider of cloud computing processing services must perform as part of the switching process concerned.
Amendment 573 #
2022/0047(COD)
Proposal for a regulation
Article 25 – paragraph 4
Article 25 – paragraph 4
4. The Commission is empowered to adopt delegated acts in accordance with Article 38 to supplement this Regulation in order to introduce a monitoring mechanism for the Commission to monitor switching charges imposed by data processproviders of cloud computing service providers on the market to ensure that the withdrawal of switching charges as described in paragraph 1 of this Article will be attained in accordance with the deadline provided in the same paragraph.
Amendment 575 #
2022/0047(COD)
Proposal for a regulation
Article 26 – title
Article 26 – title
Technical aspects of switching and interoperability
Amendment 579 #
2022/0047(COD)
Proposal for a regulation
Article 26 – paragraph 1
Article 26 – paragraph 1
1. Providers of data processcloud computing services that concern scalable and elastic computing resources limited to infrastructural elements such as servers, networks and the virtual resources necessary for operating the infrastructure, but that do not provide access to the operating services, software and applications that are stored, otherwise processed, or deployed on those infrastructural elements, shall ensureto the extend possible support that the customer, after switching to a service covering the same service type offered by a different provider of data processcloud computing services, enjoysis well equipped to achieve functional equivalence in the use of the new service.
Amendment 583 #
2022/0047(COD)
Proposal for a regulation
Article 26 – paragraph 2
Article 26 – paragraph 2
2. For data processing services other than those covered by paragraph 1, providers of data processProviders of cloud computing services, including providers of destination cloud computing services shall make open interfaces publicly available and free of charge for the purpose of portability and interoperability.
Amendment 587 #
2022/0047(COD)
Proposal for a regulation
Article 26 – paragraph 3
Article 26 – paragraph 3
3. For data processing services other than those covered by paragraph 1, providers of data processing services shallAll providers of cloud computing services shall, where technically feasible, ensure compatibility with open interoperability specifications or European standards for interoperability that are identified in accordance with Article 29(5) of this Regulation.
Amendment 589 #
2022/0047(COD)
Proposal for a regulation
Article 26 – paragraph 4
Article 26 – paragraph 4
4. Where the open interoperability specifications or European standards referred to in paragraph 3 do not exist for the equivalent service type concerned, the provider of data processcloud computing services shall, at the request of the customer, export where technically feasible, all data generated or co-generated, including the relevant data formats and data structures, and metadata in a structured, commonly used and machine- readable format as indicated to the customer in accordance with Article 24 (1 ab), unless other format is accepted by the customer.
Amendment 594 #
2022/0047(COD)
Proposal for a regulation
Article 26 – paragraph 4 a (new)
Article 26 – paragraph 4 a (new)
4 a. Where the open interoperability specifications or European standards referred to in paragraph 3 do not exist for the service type concerned, the provider of data processing services shall make APIs available for the purpose of interoperability. These APIs shall ensure, where technically feasible, that third-party services can enjoy the same functional equivalence as first-party services.
Amendment 598 #
2022/0047(COD)
Proposal for a regulation
Article 26 a (new)
Article 26 a (new)
Article 26 a Withdrawal of interoperability charges 1. From [date X] onwards, providers of data processing services shall not impose charges for the interoperability process in excess of the costs incurred by the provider of data processing services that are directly linked to the interoperability process concerned. 2. The Commission is empowered to adopt delegated acts in accordance with Article 38 to supplement this Regulation in order to introduce a monitoring mechanism for the Commission to monitor interoperability charges imposed by data processing service providers on the market to ensure that the limitation of interoperability charges as described in paragraph 1 of this Article will be attained in accordance with the deadline provided in the same paragraph.
Amendment 599 #
2022/0047(COD)
Proposal for a regulation
Article 26 b (new)
Article 26 b (new)
Article 26 b Exemptions for certain cloud computing services The obligations set out in this Chapter shall not apply to: a) cloud computing services, which have been custom-built to facilitate a specific customer’s need; b) cloud computing services that operate on a trial basis or only supply a testing and evaluation service for business product offerings.
Amendment 608 #
2022/0047(COD)
Proposal for a regulation
Article 27 – paragraph 3 – subparagraph 1 – point c a (new)
Article 27 – paragraph 3 – subparagraph 1 – point c a (new)
(c a) or where the Commission has decided that the third country, a territory or one or more specified sectors within that third country, or the international organisation in question ensures an adequate level of protection according to Article 45 of the Regulation (EU) 2016/679.
Amendment 613 #
2022/0047(COD)
Proposal for a regulation
Article 28 – paragraph 1 – subparagraph 1 – introductory part
Article 28 – paragraph 1 – subparagraph 1 – introductory part
Amendment 625 #
2022/0047(COD)
Proposal for a regulation
Article 28 – paragraph 3
Article 28 – paragraph 3
Amendment 629 #
2022/0047(COD)
Proposal for a regulation
Article 29 – title
Article 29 – title
Interoperability and portability for data processing services
Amendment 630 #
2022/0047(COD)
Proposal for a regulation
Article 29 – paragraph 1 – introductory part
Article 29 – paragraph 1 – introductory part
1. Open interoperability and portability specifications and European standards for the interoperability of data processing services shall:
Amendment 634 #
2022/0047(COD)
Proposal for a regulation
Article 29 – paragraph 1 – point a
Article 29 – paragraph 1 – point a
(a) be performance oriented towards achieving interoperability and portability between different data processing services that cover the same service type;
Amendment 636 #
2022/0047(COD)
Proposal for a regulation
Article 29 – paragraph 1 – point b
Article 29 – paragraph 1 – point b
(b) enhance interoperability and portability of digital assets between different data processing services that cover the same service type;
Amendment 643 #
2022/0047(COD)
Proposal for a regulation
Article 29 – paragraph 2 – introductory part
Article 29 – paragraph 2 – introductory part
2. Open interoperability specifications and European standards for the interoperability and portability of data processing services shall address:
Amendment 647 #
2022/0047(COD)
Proposal for a regulation
Article 29 – paragraph 5
Article 29 – paragraph 5
5. For the purposes of Article 26(3) of this Regulation, the Commission shall be empowered to adopt delegated acts, in accordance with Article 38, to publish the reference of open interoperability specifications and European standards for the interoperability and portability of data processing services in central Union standards repository for the interoperability and portability of data processing services, where these satisfy the criteria specified in paragraph 1 and 2 of this Article.
Amendment 2 #
2021/2254(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Welcomes the Commission’s presentation of its long-term vision for rural areas; emphasises that the development of rural areas must be kept high on the EU agenda, as rural areas are active actors in the EU’s green and digital transition;
Amendment 22 #
2021/2254(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Stresses the multidimensional nature of rural development, which goes beyond agriculture, and insists on the need to implement a rural proofing mechanism to assess the impact of EU legislative initiatives on rural areas;
Amendment 23 #
2021/2254(INI)
Draft opinion
Paragraph 4 b (new)
Paragraph 4 b (new)
4 b. Highlights the importance to strengthen the bottom-up approach to rural and local development, which is a vehicle for social innovation and capacity building, empowering rural citizens to take ownership of their area's development through the design and implementation of strategy and projects;
Amendment 25 #
2021/2254(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Requestcalls that the Commission propose a single EU-wide definition of functional rural arearural areas are very diverse across Europe; highlights that the differences between each Member State and region must be taken into account when drawing up rural development plans;
Amendment 27 #
2021/2254(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Calls for a strong rural dimension in future cohesion policy regulations, which should include dedicated funding to that end; suggests that 30 % of the European Regional Development Fund and Cohesion Fund should be earmarkthe distribution of funding within member states needs to be considered fmor rural areas, in addition to other beneficial investments for rural areas, particularly those encompassing more than one regione closely so as to ensure even development of regions also within the Member States, as well as across the Member States; considers it important to coordinate the work of the various EU funds at EU, national, regional and local level;
Amendment 35 #
2021/2254(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6 a. Stresses the importance of synergies between different funding tools, such as EARDF, ERDF, ESF+ and EMFAF, to channel an adequate level of funding towards rural areas through a multi-fund approach; underlines the crucial role played by the Community-Led Local Development (CLLD) approach and regrets that, during the 2014-2020 programming period, only a quarter of local development projects carried out by local actors integrated more than a funding tool;
Amendment 37 #
2021/2254(INI)
Draft opinion
Paragraph 6 b (new)
Paragraph 6 b (new)
6 b. Highlights the valuable contribution to rural development delivered by actions under the Leader programme, co-financed by the European Agricultural Fund for Rural Development, which aims to engage local actors in the design and delivery of strategies, decision-making and resource allocation for the development of their rural areas; calls on the Commission and the Member States to reinforce the Leader programme by guaranteeing a high level of autonomy of the Local Action Groups regarding their constitution (no top-down design of areas and villages to be regrouped in a LAG but complete autonomy to the villages to gather and join forces in a LAG) and their decision making, reducing the administrative burden on local authorities and simplifying the access, promoting the local ownership of community-led development projects, and encouraging participation in local action groups;
Amendment 45 #
2021/2254(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Underlines the fact that the main objective of the long-term vision should be to fight depopulation, ageing and rural abandonment, including through investment in infrastructure, ensuring efficient connectivity, including broadband connections, and the provision of services, including digital, as well as economic diversification, job creation and innovative mobility solutions; underlines the role of SMEs in achieving these objectives;
Amendment 71 #
2021/2254(INI)
Draft opinion
Paragraph 9
Paragraph 9
9. Highlights the opportunities that the green transition and green economy can provide in increasing rural resilience to natural disasters, climate change and economic crises; stresses the importance of rural areas in ensuring food and energy self-sufficiency and renewable raw materials in Europe; points to the potential of the bio- and circular economy and nature services brought by rural areas;
Amendment 73 #
2021/2254(INI)
Draft opinion
Paragraph 9
Paragraph 9
9. Highlights the opportunities that the green transition and green economy can provide in terms of job opportunities, in increasing rural resilience to natural disasters, climate change and economic crises and in bringing renewed attention to rural areas;
Amendment 84 #
2021/2254(INI)
Draft opinion
Paragraph 10
Paragraph 10
10. Believes that connections between rural and urban areas must be addressed in a complementary manner in order to implement rural strategies and action plans accordingly; underlines the importance of partnerships across rural areas and remote areas in particular as well as cooperation between rural areas across national borders; emphasises the importance of fighting the digital divide between urban and rural areas, especially as regards high- speed broadband connectivity and the promotion of digital skills;
Amendment 90 #
2021/2254(INI)
Draft opinion
Paragraph 10 a (new)
Paragraph 10 a (new)
10 a. Underlines the importance of quality, affordable and safe public transports connecting rural areas; stresses the need for EU cohesion funds to support the improvement of connectivity and mobility solutions in rural areas;
Amendment 93 #
2021/2254(INI)
Draft opinion
Paragraph 11
Paragraph 11
11. Stresses the importance of entrepreneurship, social economy and social innovation including the silver economy, especially when it comes to implementing the European Pillar of Social Rights in rural areas; calls on Member States and the Commission to boost awareness and to facilitate easier access to finance for entrepreneurs and self- employed in rural areas; encourages Member States and regional and local authorities to make use of the existing European Structural Funds to especially target and promote women entrepreneurs and self-employed women;
Amendment 96 #
2021/2254(INI)
Draft opinion
Paragraph 11 a (new)
Paragraph 11 a (new)
11 a. Underlines the need to strongly improve access to healthcare in rural areas through appropriate and, where necessary, itinerant medicine solutions and services, such as equipped buses offering citizens living in rural areas the possibility to undergo preventive screening tests or consultations;
Amendment 97 #
2021/2254(INI)
Draft opinion
Paragraph 11 b (new)
Paragraph 11 b (new)
11 b. Highlights the potential of rural areas as spaces to foster inclusion and integration of the most vulnerable groups with specific needs, such as persons with disabilities, migrants, including seasonal migrants, refugees and minorities; encourages Members States to design and implement specific measures to promote their training and employment and safeguard their fundamental rights; insists especially on the necessity to prepare an immediate response to the arrival of Ukrainian refugees in rural areas in order to ensure their quick and easy integration;
Amendment 100 #
2021/2254(INI)
Draft opinion
Paragraph 12
Paragraph 12
12. Highlights the diversity of rural areas and the crucial importance of tailor- made territorial approaches in implementing the long-term vision, primarily in less developed, remote, sparsely populated areas and outermost regions.
Amendment 8 #
2021/2202(INI)
Motion for a resolution
Citation 16 a (new)
Citation 16 a (new)
Amendment 9 #
2021/2202(INI)
Motion for a resolution
Citation 16 b (new)
Citation 16 b (new)
— having regard to the report of the European Commission and of the Association of European Border Regions “b-solutions: solving border obstacles. A Compendium 2020-2021"11a, _________________ 11a https://data.europa.eu/doi/10.2776/625110
Amendment 12 #
2021/2202(INI)
Motion for a resolution
Recital B
Recital B
B. whereas border regions, especially those with a low population density, tend to experience more unless favourable development conditions and are generally less economically successful than other regions within Member States, and whereas their economic potential is not being fully tapped;
Amendment 16 #
2021/2202(INI)
Motion for a resolution
Recital E
Recital E
E. whereas the COVID-19 pandemic has shown how fragile and interdependent Europe’s cross-border regions are and paralysed manyunveiled cross-border regions’ exposure to detrimental disruptions of the Single Market and to the paralysis of public services, especially in healthcare settings, and whereas the pandemic has also disrupted the free movement of goods and essential medical equipment following the closure of national borders;
Amendment 20 #
2021/2202(INI)
Motion for a resolution
Recital F a (new)
Recital F a (new)
F a. whereas border regions would benefit from a supranational legal instrument capable of circumventing negative externalities that might arise from the deliberate actions of Member States to fragment the Single Market;
Amendment 23 #
2021/2202(INI)
Motion for a resolution
Recital H a (new)
Recital H a (new)
H a. whereas the conclusion of Partnership Agreements in the context of the 2021-2027 Cohesion Policy is lagging behind, undermining the allocation of vital resources in the territories in need ;
Amendment 25 #
2021/2202(INI)
Motion for a resolution
Recital I
Recital I
I. whereas the EU also has maritime cross-border regions in the shape of islands in the Mediterranean and outermost regions in the Atlantic and Indian oceans; whereas the geographic remoteness of some European islands, coupled with their condition as border regions, exposes them to a combination of constraints in the labour market, in the field of transportation and healthcare which severely hampers their growth potential;
Amendment 42 #
2021/2202(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Welcomes the progress the Commission has made thus far in implementing its 2017 action plan, in particular via the ‘b-solutions’ initiative – which has made it possible to provide legal and administrative support to authorities in border authoritieregions and to resolve 90 cases involving barriers to interaction – and via the support provided to improve access to employment, promote multilingualism in border areas and pool healthcare facilities;
Amendment 44 #
2021/2202(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Calls on the EU institutions and on Member States to raise awareness among cross-border regions about the possibility to receive support from the European Commission under the b- solutions initiative; underlines that sharing knowledge about successful b- solutions might contribute to solve and prevent the emergence of new administrative and legal barriers;
Amendment 45 #
2021/2202(INI)
Motion for a resolution
Paragraph 4 b (new)
Paragraph 4 b (new)
4 b. Underlines, however, that b- solutions alone cannot represent an appropriate and effective response to the legal and administrative barriers affecting border regions;
Amendment 47 #
2021/2202(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Recognises the important role that macro-regions and Euroregions play in promoting collective interests and in cross- border cooperation; calls on the Commission to initiate an in-depth assessment of Macro-regional strategies, with the purpose of evaluating their coherence with the renewed environmental and digital priorities of the European Union;
Amendment 51 #
2021/2202(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6 a. Notes that in 2018 the European Commission issued a proposal for a Regulation on a mechanism to resolve legal and administrative obstacles in a cross-border context15a , better known as European Cross-Border Mechanism (ECBM); _________________ 15ahttps://eur-lex.europa.eu/legal- content/EN/TXT/?uri=COM%3A2018%3 A373%3AFIN
Amendment 54 #
2021/2202(INI)
Motion for a resolution
Paragraph 6 b (new)
Paragraph 6 b (new)
6 b. Recalls that this mechanism aims to facilitate cooperation between cross- border regions on joint projects of a different nature (infrastructure, healthcare, labour, etc.) by allowing one of them to apply the legal provisions of the neighbouring Member State if the application of its own laws presents legal obstacles;
Amendment 55 #
2021/2202(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Emphasises that the regulation on a European cross-border mechanism (ECBM)ECBM, as proposed by the Commission, would have contributed to removed more than 50 % of the barriers concerned, including those resulting from the lack of cross-border public transport, and limited access to employment, education, cultural and leisure services; with that in mind, deeply regrets the fact that the legislative procedure relating to the ECBM has been blocked by the Council;
Amendment 56 #
2021/2202(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7 a. Recalls that the ECBM proposal was supported by a wide majority in Parliament, as shown by the 2019 Parliament’s first reading vote15b, and by the Plenary debate following the oral question to the Council in October 2021; _________________ 15b https://www.europarl.europa.eu/doceo/doc ument/TA-8-2019-0118_EN.html
Amendment 59 #
2021/2202(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Calls on the Commission to amend the current proposal, taking into account the conclusions of the Council’s Legal Service and lookingand Parliament's Legal Services, with a view to strike a balance between the co- legislators’ respective positions;
Amendment 63 #
2021/2202(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Emphasises that alongside the damage caused by COVID-19, border regions are also having to dealconfronted with the consequences of Brexit, which are creating new barriers to free trade and causing serious disruption to cross-border trade between the EU and the UK, making life more difficult for businesses and citizens in border regions; welcomes, in that regard, the agreement reached on the Brexit Adjustment Reserve to provide financial and legal support to Member States and regions affected by Brexit;
Amendment 66 #
2021/2202(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Notes with interest that the public consultation on overcoming border obstacles conducted by the Commission in 2020 showed that the main problem experienced by people living in border areas wasere, among others, the lack of reliable cross-border public transport services, the lack of digital services and their limited cross-border interoperability, obstacles directly due to language differences, obstacles related to the legislative processes, and to economic disparities;
Amendment 74 #
2021/2202(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14 a. Calls on the Commission to carry out an in-depth analysis, gathering specific assessments and comparative statistics, on the socio-economic circumstances of cross-border SMEs;
Amendment 75 #
2021/2202(INI)
Motion for a resolution
Paragraph 14 b (new)
Paragraph 14 b (new)
14 b. Points out that, according to the 8th Cohesion Report, Interreg indicators show that only 68% of the 2023 targets for cross-border labour mobility had been met by the end of 2020, while in other areas the targets had been reached up to 495%; encourages the Member States to continue on this path in order to achieve the 2023 targets;
Amendment 87 #
2021/2202(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16 a. Notes that most barriers hindering cross-border employment are legal in nature, arising from diverging national laws or general EU laws; urges the three institutions to agree as soon as possible on a EU framework allowing border regions to overcome such legal obstacles;
Amendment 93 #
2021/2202(INI)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17 a. Recalls that natural catastrophes occurred in 2021 affected several border regions in Belgium, France, Luxembourg, the Netherlands, and Germany; notes that an enhanced cross-border cooperation in information sharing, exchange of best practices, and joint civil protection operations could ensure a more effective and prompt reaction;
Amendment 98 #
2021/2202(INI)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18 a. Underlines that the development of new public transport infrastructure should comply with sustainability and cost-efficiency requirements; calls therefore for the timely allocation of the Just Transition Fund to ensure an active role of border regions in the achievement of the goals of the Green Deal;
Amendment 31 #
2021/2185(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Underlines that current merger control rules are not fit for dealing withshould take so-called ‘killer acquisitions’ by dominant players in digital marketsthe single market into account; stresses the fact that ‘killer acquisitions’ may also affect the contestability and fairness of the digital single market and therefore should be assessed by the Commission in the framework of the DMA, as set out in IMCO’s report;
Amendment 39 #
2021/2185(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Notes that the consumer Internet of Things (IoT) sector will expand significantly in the coming years but recognises that shortcomings still exist in this sector, such as the lack of interoperability between various IoT products and/or services, which could reduce competition and consumer choice; welcomes the Commission’s sector inquiry into the IoT and calls on the Commission to take further action regarding standards, data portability and access;
Amendment 42 #
2021/2185(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Notes that the Vertical Block Exemption Regulation1 and related Vertical Guidelines2 have been inadequately adapted for recent market developments, notably the growth of online sales and online platforms; highlights that there are outstanding concerasks the Commission to ens uregarding the automobile sector, where manufacturers are competing directly with the distribution network by modifying the contractual terms of the vertical distribution relationship, thereby placing them at a competitive disadvantage and driving small and medium-sized enterprises out of the market; that any future revision takes the abuse of selective distribution agreements, labelling and other measures to prevent the purchase, distribution and resale of goods across borders into account. _________________ 1 Commission Regulation (EU) No 330/2010 of 20 April 2010 on the application of Article 101(3) of the Treaty on the Functioning of the European Union to categories of vertical agreements and concerted practices (OJ L 102, 23.4.2010, p. 1). 2 OJ C 130, 19.5.2010, p. 1.
Amendment 47 #
2021/2185(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6 a. Notes the continued use of different national product codes and serial numbers for the same or virtually identical products in order to prevent cross-border comparisons of prices and purchase; believes that this has a direct negative effect on consumers and asks the Commission to assess this matter further;
Amendment 49 #
2021/2185(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Notes the continued impact of the COVID-19 pandemic on the EU economy and the risks and opportunities it poses to the internal market; welcomes the Commission’s decision to prolong the temporary framework for State aid until 30 June 2022, but highlights that these measures should remain in place until gross domestic product and employment return to pre-pandemic levels;; notes, however, that the differing sizes of the Member States means that not all Member States are able to equally take advantage of the temporary framework; asks the Commission to ensure that the measures are proportionate to actual needs and do not distort competition within the single market.
Amendment 53 #
2021/2185(INI)
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7 a. Highlights the impact of border controls due to the COVID-19, but also due to the national border control in the Member States not in the Schengen zone, on the free movement of products, the risks and the impediments on competition especially for SMEs; calls on the Commission and Member States to analyse the situation, remove the barriers and complete the single market;
Amendment 62 #
2021/2185(INI)
Draft opinion
Paragraph 8
Paragraph 8
8. Calls on the Commission to adaptensure competition rules and ensure theirpolicy enforcement in the energy sector to facilitate the creation of industrial giants capable of competing in global markets and to protect the security of energy supplies in the European Union, thus reducing price volatility and combating the rise in energy prices, which accounts for around half of the increase in the inflation rate;
Amendment 64 #
2021/2185(INI)
Draft opinion
Paragraph 8 a (new)
Paragraph 8 a (new)
8 a. Stresses the need for competition policy to support SMEs in Europe and to prevent the consolidation of market dominance in the hands of a few large European and international companies; underlines that the single market depends not only on competition at the international level, but also inside the single market itself;
Amendment 72 #
2021/2185(INI)
Draft opinion
Paragraph 9
Paragraph 9
9. Highlights the importance of tackling distortive foreign subsidies that are distortingharming the level playing field in the EU’s internal market and ; in this regard welcomes the proposed regulation on foreign subsidies, which is relevant in cases where, for example, a subsidised company intends to participatwill help to promote a fair and competitive sin EU public procurement procedures.gle market;
Amendment 8 #
2021/2101(INI)
Motion for a resolution
Citation 38 a (new)
Citation 38 a (new)
— having regard to the 2018 Commission study, ‘The Geography of EU Discontent’1a, _________________ 1aRodriguez-Pose, A., Poelman, H. and Dijkstra, L., 2018. The Geography of EU Discontent. Luxembourg: Publications Office of the European Union.
Amendment 10 #
2021/2101(INI)
Motion for a resolution
Recital A
Recital A
A. whereas the EU’s ambition is to pursue digital policies that empower people and businesses to achieve a sustainable and prosperous digital future in all regions;
Amendment 12 #
2021/2101(INI)
Motion for a resolution
Recital A a (new)
Recital A a (new)
A a. whereas in 2020 only 59% of households in rural regions had access to next-generation access (NGA) broadband (>30Mbps), compared to 87% of the households in the rest of the EU1a; _________________ 1aCommission Staff Working Document Digital Economy and Society Index (DESI) 2020
Amendment 20 #
2021/2101(INI)
Motion for a resolution
Recital D
Recital D
D. whereas there is still a digital divide in the EU in terms of geography, age, gender, educational attainment, socio- economic status and income, which prevents some individuals and businesses from reaping the benefits of the digital transformation; whereas the digital divide plays an undeniable role in further alienating the so-called "places that don't matter" thus reinforcing the Union's territorial imbalances and contributing to the economic and political instability that derives from it;
Amendment 29 #
2021/2101(INI)
Motion for a resolution
Recital E
Recital E
E. whereas, in spite of the fact that the COVID-19 pandemic has resulted in a massive expansion of telework and ICT- based mobile work (TICTM)14 , jobs tend to be more concentrated in cities and urban centres than in smaller towns, suburbs andwhich offers a great potential to decentralize working places from urban to rural areas; whereas there aremain marked differences in the ability to telework between high- and low-paid workers, white- and blue-collar workers and between genders15 ; whereas TICTM and the digitalisation of services can facilitate a more balanced geographical distribution of employment and the population; _________________ 14Draft Council conclusions on telework in the context of remote work, paragraph 17. 15Commission working paper of May 2020 entitled ‘Teleworkability and the COVID-19 crisis: a new digital divide?’.
Amendment 38 #
2021/2101(INI)
Motion for a resolution
Recital F a (new)
Recital F a (new)
F a. whereas the COVID-19 pandemic has heightened many of the already existing problems in rural areas and has emphasized the vulnerability of these regions, notably in terms of digital capacity, quality and delivery of health services, education, access to broadband, resilience of value chains, and digital skill competences;
Amendment 46 #
2021/2101(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Highlights the role that the new cohesion policy can play in advancing the twin digital and green transitions; underlines that the digital and innovation components of the new cohesion policy will be key in enabling a sustainable transformation of society and the economy and reaching the goals of the European Green Deal and Europe´s Digital Decade targets set for 2030;
Amendment 54 #
2021/2101(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Considers that major public and private investments are still needed to bridge Europe’s digital investment gap given that the European Commission estimated the digital transformation investment gap to be at EUR 125 billion per year1a; is very concerned by the fact that the total EUR 127 billion allocated to digital spending in the Recovery and Resilience Facility (2021-2026) barely exceeds the required funding for a single year1b; _________________ 1aCommission Staff Working Document Identifying Europe's recovery needs Accompanying the document Communication from the Commission to the Parliament, the European Council, the Council, the European Economic and Social Committee and the Committee of the Regions. Europe's moment: Repair and Prepare for the Next Generation 1bDarvas, Z., J. Scott and A. Tzaras (2021) ‘Will European Union recovery spending be enough to fill digital investment gaps?’ Bruegel Blog, 20 July
Amendment 61 #
2021/2101(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Calls on the Commission to ensure that the future rural observatory gathers comprehensive and up-to-date data on the digital divide in order to help Member States identify the needs of their regions; considers it fundamental to have up-to- date information on the progress of digitalization in all European regions and calls on the Commission to provide the Digital Economy and Society Index (DESI) data at a NUTS 2 level;
Amendment 74 #
2021/2101(INI)
7. CallsHighlights the need to overcome the persisting digital divide between rural and urban areas, and to develop the potential offered by connectivity and digitalisation in rural areas through the development of a horizontal strategy; calls therefore on the Member States to use cohesion policy resources to roll out smart villages post-2020, which will contribute to the digitalisation of rural areas and the empowerment of rural communities;
Amendment 80 #
2021/2101(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7 a. Calls upon regions and Member States to increase funding for available and affordable high-quality network infrastructure, such as fibre and 5G, in areas where the market conditions are such that private investments will not be able to deliver such networks on their own; recalls the importance of having an adequate competition and State Aid framework that enables the deployment of high-speed broadband and 5G infrastructure in all cities regardless of their size;
Amendment 82 #
2021/2101(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Urges the Member States to usemake full use of the financial resources available to them through both the ERDF-CFuropean Structural and Investment funds and the NextGenerationEU recovery instrument to the fullest extent possible to give regions that arin order to provide lagging -behind regions the targeted support that they needrequire to overcome the digital divide; supports efforts to promote digitalization by strengthening thematic concentration in cohesion policy, while simultaneously promoting the use of financial instruments in cooperation with the EIB or other development banks;
Amendment 88 #
2021/2101(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8 a. Calls also for the full implementation of the Connecting Europe Facility (CEF), as the new CEF digital financing instrument along with greater cross-border digital connectivity, will play a vital role in closing economic, social, and territorial divides, offering many new opportunities to Europe's regions, including rural areas;
Amendment 91 #
2021/2101(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Stresses the need for a socially fair and inclusive digitalisation process that leaves no one behind; underlines that support under the ERDF-CFuropean Structural and Investment funds should contribute to an inclusive digital society and to fostering the economic, social and territorial cohesion in all EU regions with a focus on less developed regions;
Amendment 113 #
2021/2101(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Calls for a follow-up to the eGovernment action plan that will ensure the efficient digital transformation of public administrations and services in all Member States and establish measures to increase digital skills for public sector workers; underlines that this follow-up should incorporate the many lessons learned from the Covid-19 pandemic, where public administration services moved almost exclusively online;
Amendment 115 #
2021/2101(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12 a. Notes that the COVID-19 crisis has demonstrated that the increase of telework and ICT-based mobile work (TICTM) – in both the private and the public sector – has made our society more vulnerable to cyber-attacks; recalls that remote access to private or public sector networks requires new cybersecurity solutions; therefore considers that addressing the underinvestment in cybersecurity must be a top priority for the EU and the Member States and encourages all investments in this regard to include appropriate security measures that are integrated across all cloud, endpoint, and traditional network environments;
Amendment 124 #
2021/2101(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Underlines the crucial role of small and medium-sized enterprises (SMEs) in creating decent jobs, sustainable growth and rural development and believes that public investments through cohesion policy and other instruments will contribute to better social, economic and territorial cohesion in all EU regions; highlights that different types of SMEs require different types of support and incentives at the EU, national, regional and local levels, depending on their circumstances and level of technology adoption; urges regions to establish "SME-oriented innovation strategies" that are aligned with their "RIS3 Smart Specialization Strategies";
Amendment 130 #
2021/2101(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14 a. Notes that e-Commerce has a great potential for rural SMEs and local producers as it increases their outreach and reduces barriers associated to being located in regions that face severe and permanent geographical or demographic challenges; calls upon regions and Member States to establish pilot projects and digitalization strategies to integrate e- Commerce in rural SME´s business models;
Amendment 131 #
2021/2101(INI)
Motion for a resolution
Paragraph 14 b (new)
Paragraph 14 b (new)
14 b. Recognizes the potential of digitalization to connect companies, especially SMEs, and highlights the positive impact of digitalization in the provision of social services such as smart transport solutions, eHealth, online banking services and tailored learning solutions for vulnerable students; recalls the importance of establishing digital skills education in parallel to ensure we don´t leave anyone behind;
Amendment 135 #
2021/2101(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Notes with concern that both start- ups and established SMEs struggle with a lack of skilled employees and highlights that the skills shortage is particularly acute for skills relating to digitalisation and new technologies, as 35 % of the labour force have low or no digital skills; believes that initiatives should be launched to support the SMEs facing specific challenges in training their workforces and attracting and retaining digital talent; considers important to establish hybrid learning models to render upskilling accessible to those with basic to none digital skills;
Amendment 140 #
2021/2101(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Stresses the need to fill the digital skills gaps across the EU so that all individuals and businesses can make the most of the digital transformation; calls for the progressive implementation of the Commission’s Digital Education Action Plan 2021-2027 for promoting better digitalisation skills, which would guarantee relevant education, training and job opportunities for everyone; highlights the crucial role of Member States and regional governments in supporting rural authorities in their efforts to shape and ensure digital inclusion, by protecting citizens’ data and empowering people and local businesses via access to data;
Amendment 144 #
2021/2101(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16 a. Welcomes the recommendation in the reinforced Youth Guarantee that people not in education, employment or training undergo a digital skills assessment, and where gaps are identified, receive training to enhance their digital skills;
Amendment 154 #
2021/2101(INI)
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
19 a. Reiterates that demographic change is a fundamental challenge for the EU, and that addressing it should be prioritised in the design and implementation of programmes; recalls in this regard that one of the main objectives stipulated in the ERDF and Cohesion Fund Regulation for the next Multiannual Financial Framework (2021-2027) is to support urban and rural areas with geographical or demographic handicaps, with Member States having to allocate EU financial support for projects that promote digital development in the regions concerned and ICT connectivity; recalls, in this regard, that particular support should be given to NUTS level 3 areas or clusters of local administrative units with a population density of below 12.5 inhabitants per square kilometre or with an average annual population decrease of more than 1% between 2007 and 2017, which should be subject to specific regional and national assessment; welcomes the new article of the ERDF and Cohesion Fund Regulation which calls for national plans to support regional and local areas facing continuous demographic decline;
Amendment 156 #
2021/2101(INI)
Motion for a resolution
Paragraph 19 b (new)
Paragraph 19 b (new)
19 b. Calls on Member States and Managing Authorities to facilitate and simplify access of rural areas to NextGenerationEU funds and European Structural and Investment Funds; considers it necessary to ensure that all relevant institutional actors are carefully monitored in the use of Next Generation EU funds and European Structural and Investment Funds at the territorial level to ensure that funds are distributed fairly between regions;
Amendment 13 #
2021/2100(INI)
Motion for a resolution
Recital A
Recital A
A. whereas the lack of basic infrastructure, highly trained personnel and quality services in certain less- developed regions and cross-border regions, which hampers equity of access to healthcare, is the main reason health infrastructure remains a priority for many national governments;
Amendment 21 #
2021/2100(INI)
Motion for a resolution
Recital A a (new)
Recital A a (new)
Aa. whereas the right to access quality healthcare, including preventative care is part of the European Pillar of Social Rights;
Amendment 31 #
2021/2100(INI)
Motion for a resolution
Recital C a (new)
Recital C a (new)
Ca. whereas the cooperation between EU and the Member States is focusing more on the juridical aspects and not on the direct interest of the patients in the cross-border regions;
Amendment 45 #
2021/2100(INI)
Motion for a resolution
Recital G a (new)
Recital G a (new)
Amendment 47 #
2021/2100(INI)
Motion for a resolution
Recital G b (new)
Recital G b (new)
G b. whereas cross-border healthcare- related cooperation requires the support and involvement of a wide range of partners, medico-social institutions, health insurance entities and public authorities;
Amendment 50 #
2021/2100(INI)
Motion for a resolution
Recital G c (new)
Recital G c (new)
Amendment 51 #
2021/2100(INI)
Motion for a resolution
Recital G d (new)
Recital G d (new)
Gd. whereas a European Health Union should contribute to and foster closer cooperation, coordination and knowledge sharing on health between Member States and relevant stakeholders and increase the EU's capacity to combat cross-border health threats;
Amendment 53 #
2021/2100(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Considers that instruments such as those provided by the cohesion policy should be used in order to provide equal access to minimum quality standards of medical services across the European Union; calls on the Commission and Member States to work better together and pool their resources to achieve this goal;
Amendment 55 #
2021/2100(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Calls on the Commission and the Member States to prioritise the investments in the health infrastructure, personnel training and in the quality of the health services in cross-border regions;
Amendment 58 #
2021/2100(INI)
Motion for a resolution
Paragraph 1 b (new)
Paragraph 1 b (new)
1b. Underlines that asymmetric information, different taxation and social security systems, and obstacles in the recognition of qualifications for healthcare staff and institutions are serious impediments to a well functioning cross border healthcare system;
Amendment 59 #
2021/2100(INI)
Motion for a resolution
Paragraph 1 c (new)
Paragraph 1 c (new)
1c. Believes that the EU should develop a strategic and integrated approach when it comes to major diseases, by bringing together diverse resources from several funds, including cohesion funds; emphasises the need to replicate the model of Europe's Beating Cancer Plan for tackling other health problems such as mental health and cardiovascular diseases;
Amendment 60 #
2021/2100(INI)
Motion for a resolution
Paragraph 1 d (new)
Paragraph 1 d (new)
1d. Underlines the rise of mental illnesses and disorders, especially in the context of the Covid-19 pandemic; calls on the Commission to propose a new European Action Plan for Mental Health as soon as possible, using all the instruments available, including cohesion policy, in the form of a comprehensive plan with measures and targets to leave no one behind, on the model of Europe's Beating Cancer Plan;
Amendment 61 #
2021/2100(INI)
Motion for a resolution
Paragraph 1 e (new)
Paragraph 1 e (new)
1e. Believes that the recovery from the Covid-19 pandemic is an opportunity to build stronger and more resilient health systems by using the instruments of the cohesion policy; supports the Commission in the creation of a well functioning European Health Union and to unlock the huge potential of health cooperation;
Amendment 62 #
2021/2100(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Highlights that certain less- developed regions are a long way from uniformly matching the standards of healthcare provision available in more developed parts of the EU, and that convergence in this sense is unlikely to be achieved without help at EU level, particularly through its cohesion policy; therefore calls on the Commission and the Member States to cooperate in establishing minimal standards in both the health infrastructure and health services and use the European funds for ensuring the standards in all regions, especially in the border areas;
Amendment 69 #
2021/2100(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Believes that investments in healthcare innovation, public health and the reduction of health inequalities will continue to offer significant improvements to the daily lives of citizens; underlines the need for direct cooperation, actions and projects using cohesion instruments between the Member States for establishing procedures focused on taking the bureaucratic burden off the patient and solve as many of the documents and reimbursement issues as possible amongst the health insurance services in the cross- border regions;
Amendment 73 #
2021/2100(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Calls on the Member States to take due account of the positive contribution of the private health sector and to ensure that in programming of the next cohesion programmes the funds are sufficiently available for private projects in health infrastructure and services;
Amendment 79 #
2021/2100(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Underlines that the European Reference Networks could improve access to healthcare for rare and complex diseases; calls on the Commission and Member States to ensure ongoing support and better resources to the European Reference Networks (ERN) and national centres of expertise for rare and complex diseases, and to extend the ERN field of work to other fields such as severe burns and organ transplantation programmes; calls on the Commission to analyse the feasibility of establishing a dedicated fund, under the Cohesion Policy, to guarantee equitable access to approved therapies for rare diseases;
Amendment 80 #
2021/2100(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Calls on the Member States when defining health care policies to take into account the specificities of the cross- border regions and the right to choose of the patient and use the cohesion instruments to develop regional health infrastructure and procedures allowing the patients to choose the medical services in the region from either side of the border regardless of their state of residence;
Amendment 97 #
2021/2100(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Emphasises that citizens in rural and remote areas and the outermost regions often encounter barriers to equality of access to healthcare that limit their ability to obtain the care they need, especially in the form of basic health infrastructure and access to vital drugs; stresses that, in order for them to acquire sufficient access, as well as the appropriate healthcare which they need, services must be available and obtainable in a timely manner;
Amendment 108 #
2021/2100(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Believes that, in order to overcome the major obstacles that exist in terms of equality of access to healthcare in rural areas, wide use should be made of advanced technologies, such as e-Health, robotic surgery or 3D printing, as an integral part of the ‘smart villages’ concept11 , with the goal of improving access to healthcare and increasing efficiency and quality; _________________ 11 https://enrd.ec.europa.eu/enrd-thematic- work/smart-and-competitive-rural- areas/smart-villages_en
Amendment 109 #
2021/2100(INI)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. Underlines the merits of a European approach in tackling the Covid- 19 pandemic, through joint acquisitions, stockpiles and other measures; calls for the continuation and development of this approach, using the instruments of the cohesion policy, for other joint EU acquisitions of medical equipment and treatments such as cancer-preventing vaccines like HPV, hepatitis B vaccines, emergency equipment, to improve affordability and access to treatments;
Amendment 120 #
2021/2100(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Points out that sustainable long- term investment in the healthcare workforce is more urgent than ever before, given the economic and health impact of the COVID-19 crisis, in particular investment in higher education from the ESF+, funding specialisations and sub- specialisations of the health workforce in the countries and regions which are facing a brain drain; calls on Member States which are confronted with a brain drain in the healthcare sector to prioritize the investments from the cohesion policy towards improving the working conditions of medical personnel;
Amendment 134 #
2021/2100(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16a. Encourages the use of NextGenerationEU funds and cohesion funds to radically upgrade the digital capabilities of healthcare systems; emphasizes the need for enhanced interoperability of IT systems, as this is the main pillar for facilitating cross- border provision of eHealth services and especially of telemedicine services;
Amendment 135 #
2021/2100(INI)
Motion for a resolution
Paragraph 16 b (new)
Paragraph 16 b (new)
16b. Calls on the Commission and the Member States to use the cohesion policy instruments in order to promote the digitalization of medication in European hospitals, including traceability systems, to reduce medication errors, to improve communication between care units and to simplify bureaucracy; calls for the implementation and development of the eHealth Digital Service Infrastructure (eHDSI), including a single European digital patient file, which ensures that citizens have rapid access to adequate medical services everywhere in the European Union;
Amendment 136 #
2021/2100(INI)
Motion for a resolution
Paragraph 16 c (new)
Paragraph 16 c (new)
16c. Calls on the Commission to establish a European lists of essential medicines and to ensure their availability and affordability through permanent stocks, joint price negotiations and joint procurement, using EU instruments, including those provided by the cohesion policy;
Amendment 147 #
2021/2100(INI)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18a. Believes the financial resources available under the European Territorial Cooperation Goal should be employed to create functional cross-border public health services, and not be used single- handedly as an instrument to create disconnected health facilities; stresses, furthermore, that projects under Interreg should have a clear cross-border functionality component; calls on the Commission and Member States to foster the creation of comprehensive joint territorial planning for border areas in terms of healthcare services;
Amendment 158 #
2021/2100(INI)
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
Amendment 160 #
2021/2100(INI)
Motion for a resolution
Paragraph 19 b (new)
Paragraph 19 b (new)
19b. Calls on the Commission to ensure that the existing coordinating bodies will facilitate cross-border treatments based on Advanced therapy medicinal products (ATMP) and to ensure that patients across Europe enjoy equitable access to innovative therapies; calls on Member States to authorize these innovative treatments abroad in an effective and timely manner and to accelerate the reimbursement processes for patients;
Amendment 168 #
2021/2100(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Calls on the Commission to encourage better management of cross- border healthcare, as EU patients still face challenges in accessing healthcare in other Member States and only a minority of potential patients are aware of their rights to seek cross-border healthcare; calls on the Commission and Member States to better disseminate information about the access to cross-border healthcare;
Amendment 172 #
2021/2100(INI)
Motion for a resolution
Paragraph 21 a (new)
Paragraph 21 a (new)
21a. Calls on the Commission to carry out a comprehensive study on the cooperation framework between insurance systems in the EU, looking at potential bottlenecks and shortcomings that patients looking for medical services in the territory of another Member State encounter, as well as administrative barriers that prevent citizens to benefit from cross-border healthcare, and to highlight how the cohesion policy instruments could be used to solve these potential problems;
Amendment 186 #
2021/2100(INI)
Motion for a resolution
Paragraph 24 a (new)
Paragraph 24 a (new)
24a. Calls on the European Commission and Member States, in light of the COVID-19 pandemic, to support, jointly through cohesion policy and the EU4Health Programme, the development of response strategies, protocols and procedures at national and European levels to enable better cooperation in case of future public health emergencies;
Amendment 188 #
2021/2100(INI)
Motion for a resolution
Paragraph 24 b (new)
Paragraph 24 b (new)
24b. Considers that cross-border health cooperation under cohesion policy would not be fully possible without the recognition of diplomas and qualifications in the field of medical services across all Member States; calls on the Commission to propose a framework which allows for the automatic recognition of the level of higher education diplomas at European level building on the decision signed in 2015 by the Benelux States;
Amendment 19 #
2021/2075(INI)
Motion for a resolution
Recital A a (new)
Recital A a (new)
A a. whereas urban areas stopped performing their role as cultural and sport hubs due to the COVID-19 restrictions, leading to huge economic losses and strong social impact, living in a precarious economic situation or unemployed millions of professionals from the two economic and recreational sectors;
Amendment 26 #
2021/2075(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
B a. whereas due to the social agglomeration in the education institutions from urban and sub-urban areas, that proved to be highly inadequate as facilities and digital training of both teachers and students for the challenges brought by the pandemics, the educational process has been deeply affected with high impact on the educational and personal development of the students of all ages;
Amendment 27 #
2021/2075(INI)
Motion for a resolution
Recital B b (new)
Recital B b (new)
B b. whereas the physical distancing requirements highlighted the lack of adequate parks, green areas and out-door recreational facilities as well as the lack of adequate transportation and alternative transport infrastructure in and around the urban areas;
Amendment 32 #
2021/2075(INI)
Motion for a resolution
Recital C a (new)
Recital C a (new)
Amendment 128 #
2021/2075(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Considers thatalls on the Union and the Member States, in line with its commitments under the Paris Agreement, the Union musto prioritise circular economy frameworks, sustainable urban mobility, rapid investment in green infrastructureand sub-urban mobility and alternative transport infrastructure in and around the urban areas, rapid investment in green infrastructure, parks, out-door green and recreational facilities and renewable energy in cities, and respect for the ‘do not harm’ principle;
Amendment 156 #
2021/2075(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Stresses that the commitment of urban areas is crucial for the transition to a climate-neutral society; believes, therefore, that more funding must be made available for urban and sub-urban areas to achieve the targets of the European Green Deal;
Amendment 177 #
2021/2075(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Stresses that digital literacy should be strengthened to expand access to new opportunities; considers that investment in education and training must be boosted with comprehensive programmes for worker upskilling, reskilling and lifelong learning that respond to the shifts in demand for skills; calls for an action plan to advance women and girls in education and careers in science, technology, engineering, art and mathematics (STEAM);
Amendment 178 #
2021/2075(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16 a. Underlines the need to re-think and re-design the educational infrastructure and hubs in line with the new developments in pedagogy and science related to education; calls on the Commission and the Member Sates to allocate sufficient funds for the up- bringing of the educational facilities, for the training of both teachers and students of all ages in order to ensure acquirement of green and digital skills to prepare them for the green and digital future;
Amendment 191 #
2021/2075(INI)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17 a. Underlines the importance of the urban areas as health services hubs and calls on the Commission and the Member States, according to the TFEU, art. 4, point2 (k) and art.6 (a), to cooperate, support and allocate sufficient national and European funds to elaborate response strategies, protocols and procedures at local, national and European levels for a better cooperation in case of health urgencies, to create minimum European standards in the health sector regarding the health infrastructure and practices, bearing in mind that the population from the urban and sub-urban areas are the most impacted in case of pandemics;
Amendment 214 #
2021/2075(INI)
Motion for a resolution
Paragraph 20 a (new)
Paragraph 20 a (new)
20 a. Underlines the economic and social contribution and impact of the cultural and sport sectors; calls on the Commission and the Member States to cooperate and allocate sufficient national and European funds to create an adequate cultural and sport infrastructure, to promote the education for the two economic and recreational sectors, especially for the grass-root culture and sport in urban and sub-urban areas, to come up with an action plan to boost the restart and resilience of the two sectors as important parts of the economy at local, national and European level;
Amendment 2 #
2021/2058(INI)
Motion for a resolution
Citation 11 a (new)
Citation 11 a (new)
— having regard to its resolution of 22 July 2020 on effective measures to ‘green’ Erasmus+, Creative Europe and the European Solidarity Corps;
Amendment 5 #
2021/2058(INI)
Motion for a resolution
Recital C
Recital C
C. whereas sport is a growing economic sector contributing to growth and jobs in the EU and therefore to its prosperity as well as to its international influence;
Amendment 11 #
2021/2058(INI)
Motion for a resolution
Recital F
Recital F
F. whereas EU sports policy must support both elite and grassroots sports as well as active leisures;
Amendment 16 #
2021/2058(INI)
Motion for a resolution
Recital H a (new)
Recital H a (new)
Ha. whereas women still are underrepresented in sport, both in the governing bodies, but also in the media sphere;
Amendment 19 #
2021/2058(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Regrets the absence of sport in the EU4Health programme, even though physical activity and a healthy lifestyle are key factors in improving European citizens health;
Amendment 23 #
2021/2058(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Calls on the Commission to set up regular high-level structured cooperation with all sports stakeholders, particularly the federations, and other institutions to deliver more targeted and accountable recommendations for action on the challenges facing the sport sector;
Amendment 34 #
2021/2058(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Acknowledges the diversity of models and approaches across sports and countries while considering that the common foundation of European sport needs to be further enhanced and protected, and in particular the links between grassroots sports and elite sports, both of which are closely linked;
Amendment 46 #
2021/2058(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Highlights the need for increased solidarity and financial redistribution, as well as exchanges in skills and know-how, especially between professional and grassroots sport;
Amendment 50 #
2021/2058(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Urges public authorities, sports federations and organisations to uphold values such as human rights, democracy and the rule of law when awarding host status for major sporting events, as well as in the choice of sponsors; calls for particular attention to be paid to the working conditions of sports infrastructure construction staff and to the environmental impact of major events;
Amendment 56 #
2021/2058(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12a. Stresses the need for the European institutions, Member States and federations to make the European Union a venue for major sporting events that are innovative, inclusive and environmentally ambitious;
Amendment 58 #
2021/2058(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Considers that a renewed commitment to good governance is needed in order to rebalance the social and economic elements in sport and to ensure that stakeholder representation, particularly the athletes, in decision- making bodies is respected;
Amendment 66 #
2021/2058(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Urges sports governing bodies to implement measures on diversity and inclusion, in particular to address the low numbers of women and ethnic minorities in leadership positions;
Amendment 74 #
2021/2058(INI)
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
19a. Draws attention to the prominent role of sports agents or intermediaries and the unbalanced relationship that can exist between them and young athletes; notes the need for a rules-based approach towards regulation of the activities of sport agents or intermediaries;
Amendment 77 #
2021/2058(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Insists that fighting corruption in sport requires transnational cooperation among all stakeholders and authorities, and needs to be linked to policies to combat money laundering and organised crime;
Amendment 83 #
2021/2058(INI)
Motion for a resolution
Paragraph 22 a (new)
Paragraph 22 a (new)
22a. Stresses the need to ensure the protection of young players from developing countries and to combat the fraud and trafficking to which they may be subjected;
Amendment 85 #
2021/2058(INI)
Motion for a resolution
Paragraph 22 b (new)
Paragraph 22 b (new)
22b. In the absence of a European regulation on gambling, especially sports gambling, calls on Member States to firmly fight against the abuses of this sector, including the proliferation of fraudulent sites and predatory practices, but also to protect minors and vulnerable people from the risks of addiction;
Amendment 86 #
2021/2058(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Calls on the Commission and the Member States to ensure that sports policy and legislation support gender equality, with particular attention to media coverage, remuneration gaps, award disparities and harassment, but also by fighting against gender stereotypes that are still present, by involving political authorities, federations and broadcasters;
Amendment 119 #
2021/2058(INI)
Motion for a resolution
Paragraph 27 a (new)
Paragraph 27 a (new)
27a. Calls on the Member States to offer equal financial rewards to their Olympic and Paralympic champions and to support Olympians and Paralympians with low incomes;
Amendment 120 #
2021/2058(INI)
Motion for a resolution
Paragraph 27 b (new)
Paragraph 27 b (new)
27b. Stresses the need for sports authorities to take into account the protection of athletes' mental health in the same way as their physical health;
Amendment 121 #
2021/2058(INI)
Motion for a resolution
Paragraph 27 c (new)
Paragraph 27 c (new)
27c. Calls on the Member States and federations to include first aid classes in the training of young people and athletes;
Amendment 124 #
2021/2058(INI)
Motion for a resolution
Paragraph 28
Paragraph 28
28. Calls on the Member States and public authorities to develop sports infrastructure and to increase the amount of physical education and extracurricular physical activities in schools, while instigating a change of mentality in the recognition of the importance of sport as a school discipline;
Amendment 132 #
2021/2058(INI)
Motion for a resolution
Paragraph 29
Paragraph 29
29. Welcomes initiatives and campaigns to encourage physical activity such as the European Week of Sport, #BeActive and HealthyLifestyle4All, and encourages the Commission to intensify communication about these events in the Member States, particularly targeted towards schools;
Amendment 133 #
2021/2058(INI)
Motion for a resolution
Paragraph 30
Paragraph 30
30. Calls for the EU guidelines on dual careers of athletes to be implemented and promoted in each Member State, and extended to all sport staff engaged in structured sport and for specific retraining initiatives;
Amendment 134 #
2021/2058(INI)
Motion for a resolution
Paragraph 31
Paragraph 31
31. Highlights the role of coaches and sport staff in developing the skills of and in educating young people; notes with satisfaction the inclusion of sport staff mobility in the Erasmus + 2021-2027 programme, and calls on the Commission, the National Agencies and the federations to raise awareness about this new opportunity;
Amendment 141 #
2021/2058(INI)
Motion for a resolution
Paragraph 33
Paragraph 33
33. Calls on the Commission and the Member States to create a system for the recognition of qualifications gained by volunteers, in line with the EU Skills Strategy, and building on the already existing ECTS and ECVET systems;
Amendment 146 #
2021/2058(INI)
Motion for a resolution
Paragraph 34
Paragraph 34
34. Insists on the need for support mechanisms to get the sport sector back on track in the wake of COVID-19, including all sports; calls on the European Commission to allow REACT-EU funding for projects related to sports infrastructures, provided that they are sustainable and participate to the economic and tourist attractiveness of a territory;
Amendment 155 #
2021/2058(INI)
Motion for a resolution
Paragraph 35
Paragraph 35
35. Stresses the need to further increase funding for sport, beyond Erasmus +;
Amendment 169 #
2021/2058(INI)
Motion for a resolution
Paragraph 36
Paragraph 36
36. Welcomes the higher budget for sport under the new Erasmus+ programme and supports further synergies between programmes and funds, particularly the LIFE programme;
Amendment 174 #
2021/2058(INI)
Motion for a resolution
Paragraph 38
Paragraph 38
38. Calls on national, regional and local authorities to recognise the key role of sport and physical activity in fields such as urban regeneration, tourism and territorial cohesion and to prioritise them in cohesion policy and investments under the Recovery and Resilience Facility; draws the attention of the Commission and the managing authorities to the lack of human and material resources available to small sports clubs and associations in order to access European funding and asks that they be given targeted support;
Amendment 182 #
2021/2058(INI)
Motion for a resolution
Paragraph 41
Paragraph 41
41. Underlines the need to ensure environmental sustainability when promoting the development of sport and the organisation of sporting events; notes the important efforts already undertaken by clubs and federations;
Amendment 195 #
2021/2058(INI)
Motion for a resolution
Paragraph 46
Paragraph 46
46. Calls for the EU institutions to launch a debatework on the future of e-sport and to present a study on its social and economic impact; stresses the need to recognise and access this flourishing sector, driven by European flagships, but for which there is still little regulation in terms of player training and the competitions themselves;
Amendment 2 #
2021/2040(INI)
Motion for a resolution
Recital A a (new)
Recital A a (new)
A a. Whereas the EU has the strictest toy safety legislation in the world that is widely regarded as a global benchmark.
Amendment 4 #
2021/2040(INI)
Motion for a resolution
Recital A b (new)
Recital A b (new)
A b. Whereas play is recognised as every child’s right by the United Nation’s Convention on the Rights of the Child, to which all EU member states are signatories; playing contributes to children’s development, health and wellbeing and is an essential part of growing up; studies show toys have can enrich play and keep children playing for longer;
Amendment 5 #
2021/2040(INI)
Motion for a resolution
Recital A c (new)
Recital A c (new)
A c. Whereas the EU’s strict toy safety framework is designed to ensure children enjoy the safest play experience possible;
Amendment 6 #
2021/2040(INI)
B a. Whereas the effectiveness of the EU’s TSD is too often undermined by the actions of rogue traders and by the online sale of non-compliant products.
Amendment 7 #
2021/2040(INI)
Motion for a resolution
Recital B b (new)
Recital B b (new)
B b. Whereas toy safety rules are stricter than rules for other consumer products that children are exposed to such as clothes, bedlinen, stationery, video game controllers and mobile phones.
Amendment 8 #
2021/2040(INI)
Motion for a resolution
Recital C
Recital C
C. whereas, despite the lack of comprehensive data on its full impact, the number of companies operating in the market since the full application of the TSD increased by 10 % from 2013 to 2017, while the turnover of the EU toy industry has constantly increased since its entry into force; whereas 99 % of companies in the sector are SMEs; and the majority of these companies are micro-enterprises; whereas the Joint Research Centre has estimated that the TSD has led to a 13% increase of costs for materials for small & medium sized EU manufacturers.
Amendment 11 #
2021/2040(INI)
Motion for a resolution
Recital D
Recital D
D. whereas the toy safety directive requires that toys, including the chemicals they contain, are safe, specific requirements and standards can be adapted in case of scientific and technological developments that show the constant emergence of previously unknown risks and challenges related to toys that call for quick adaptations;
Amendment 17 #
2021/2040(INI)
Motion for a resolution
Recital E a (new)
Recital E a (new)
E a. Whereas improved sustainability is important, the safety of toys should always take precedence; whereas requirements to improve sustainability should not compromise safety.
Amendment 18 #
2021/2040(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Welcomes the Commission’s evaluation report on the TSD, aiming at assessing its functioning since its entry into force; regrets the lack of harmonization in the elaboration of the reports and also in data gathering; stresses the need for transparency and urges the Member State and the Commission to publish the periodic reports from all the MS;
Amendment 19 #
2021/2040(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Acknowledges the added value of the TSD in improving the safety of children and ensuring an equal level of protection across the single market, compared to the previous directive, and its role in providing legal certainty and a level playing field for the businesses from European Union; regrets that a big part of the third country manufacturers that are selling their products in theSingle Market, especially through the on-line market, do not comply with the European legislation and many toys sold in the EU are still posing significantly, sometimes deadly, threats to children;
Amendment 23 #
2021/2040(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Recognises the key role of standards in allowing for the efficient and agile application of the directive by manufacturers, as well as the role of notified bodies in ensuring compliance when standards are not available or are not applied; regrets the scarcity of the notified bodies insome regions or Member States;
Amendment 28 #
2021/2040(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Notes, however, that inconsistencies that call for a revision of the TSD remain; further efforts are needed to ensure the strict safety requirements that are applied by all economic operators and that children enjoy a similar level of protection in relation to other products designed for their use; invites the Commission to continue its evaluation process before a possible revision of the TSD to have targeted updates on the legislation, if needed.
Amendment 35 #
2021/2040(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Highlights the need for toys that are placed on the EU market to comply with the TSD, as well as the relevant EU legislation on chemicals, in particular the REACH Regulation , the Cosmetics Regulation, the Food Contact Material Regulation, the Batteries Directive, the CLP Regulation, POPs Regulation and the RoHS Directive;
Amendment 38 #
2021/2040(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Stresses that spreading out requirements across several pieces of legislation, and providing for different limit values, can be burdensome and can, in some cases, necessitate duplicate the measuring of substances, as in the case of migration and content limit values; calls on the Commission, therefore, to consider consolidating all applicable limits for toys in onehighlights such approach is needed because the diversity of toys and the need for consistency with legislation for other similar products; calls on the Commission to facilitate the navigation of these different pieces of legislation in order to streamline conformity assessment; for both the market surveillance authorities and economic operators by establishing a data base that clarifies what is required in which circumstances.
Amendment 41 #
2021/2040(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Stresses that spreading out requirements across several pieces of legislation, and providing for different limit values, can be burdensome and can in some cases necessitate duplicate the measuring of substances, as in the case of migration and content limit value can be burdensome and can even lead to contradicting provisions; calls on the Commission, therefore, to consider consolidating all applicable limits for toys in one piece of legislation in order to streamline conformity assessment;o establish a database that clarifies what is required in which circumstances for both market surveillance, economic operators and consumers.
Amendment 44 #
2021/2040(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Considers that the derogation from the prohibition of chemicals that are carcinogenic, mutagenic or toxic to reproduction (CMRs) set out in the TSD allows for the presence of those chemicals in concentrations that are too high to ensure the protection of childrentoys; calls on the Commission urgently to substantially reduce the generic limits for derogated CMRs in the TSD; insists that, in line with according to the recommendations made by the scientifical body taking into account the real threat to the health of the children; reminds that as part of the Chemicals Strategy for Sustainability, the possibility to derogate from European Commission intends to further restrict CMRs under REACH; calls on the Commission to also target toys, when further ruleestrictions on the presence of CMRs in parts of the toy that are inaccessible to the child should be deletedconsumer goods are proposed under horizontal legislation such as REACH and RoHS;
Amendment 51 #
2021/2040(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Underlines that lower limit values for chemicals such as nitrosamines and nitrosatable substances in specific toys intended for children below three year old or intended to be placed in the mouth set out at national level compared to those established in the TSD create inconsistencies, even when justified by the Commission; notes, however, that all EU children should enjoy the same high level of protection; acknowledges that this limit value cannot be amended by an implementing act but would require a legislative procedurethat the Commission mandated the European Standardisation Committee CEN in March 2012 to revise the limits for nitrosamines and the lower limits were included in the standard EN 71-12:2016; calls on the Commission, theo refoere, to adapt the limit value to the strictest value in force at national level in a revision of the TSDnce this standard, including the lower limit values for nitrosamines and nitrosatable substances, in the EU Official Journal as soon aspossible;
Amendment 58 #
2021/2040(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Calls on the Commission to propose a hazard identification procedure for endocrine disruptors, based on the definition of the World Health Organization (WHO) and other scientific bodies, and to apply it in a future revision of the TSD to ensure that endocrine disruptors are banned in toys as soon as they are identified if they are representing a threat to the health of the child or if they are in the parts of the toys that are prone to substance transfer, as well as to consider introducing horizontal legislation with that aim, as repeatedly requested by Parliament and by the Council;
Amendment 65 #
2021/2040(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Is concerned that the stricter provisions for chemicals in toys intended for children aged under 36 months do not take into account the fact that some older children remain vulnerable to dangerous substances; notes that this distinction can result ine need of regulations that will prevent manufacturers from circumventing the provisions by indicating that the toy is intended for children above 36 months even when it is clearly not the case; stresses that several stakeholders and Member States have indicated that this distinction is clearly inadequate and asked for it to be eliminacorrectly implemented; calls on the Commission, therefore, to do so in its revision of the TSDmake an extensive inquiry and in full accordance with the latest scientific evidence of the neuro-motor and psychologic developments of the children according to their age to evaluate if an elimination is needed and to proceed accordingly;
Amendment 68 #
2021/2040(INI)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11 a. Appreciates that the TSD sets stricter provisions for chemicals in toys intended for children aged under 36 months and toys intended to be placed in the mouth to deal with the risk of chemicals that migrate through oral exposure which is particularly present until the age of 24 months old; notes that these limit values have high safety margins and are based on the low body weight of young children, but insists that notwithstanding the high safety margin that already exist, if a chemical is seen as hazardous for children, it should be limited or restricted in all children's goods according to the recommendations of the specialists; calls on the Commission to use REACH to deal with additional restrictions for toys for older children.
Amendment 75 #
2021/2040(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Notes that the TSD contains an obligation for Member States to perform market surveillance undertaking due account of the precautionary principle, test toys on the market and verify manufacturers’ documentation with a view to withdrawing unsafe toys and taking action against those responsible for placing them on the market; is concerned that the effectiveness of market surveillance under the TSD is limited, putting the health and safety of children at risk and undermining the level playing field for economic operators that comply with the legislation, to the benefit of rogue traders, who do not;
Amendment 78 #
2021/2040(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Welcomes the adoption of Regulation (EU) 2019/1020, which aims to improve market surveillance by strengthening controls by national authorities to ensure that products entering the single market, including toys, are safe and comply with the rules, and; calls on the Member States to implement it fully and to equip customs and market surveillance authorities with sufficient human, financial and technical resources to increase the number and effectiveness of controls;
Amendment 81 #
2021/2040(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Welcomes the adoption of Regulation (EU) 2019/1020, which aims to improve market surveillance by strengthening and harmonising controls by national authorities to ensure that products entering the single market, including toys, are safe and comply with the rules, and calls on the Member States to implement it fully also by making available the necessary resources (budget and staff);
Amendment 92 #
2021/2040(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Calls on the Commission to explore possibilities for using new technologies such as e-labelling, blockchain and artificial intelligence to facilitate the work of market surveillance authorities by providing easily accessible and structured information on products and their traceability;
Amendment 96 #
2021/2040(INI)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15 a. Underlines the importance of well- trained market surveillance officers, including customs officials. Calls on the Commission to finance and coordinate EU-wide training on applying the TSD
Amendment 102 #
2021/2040(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Calls on the Member States to step up coordination of their market surveillance activities; and to fully digitalize their procedures; calls on the European Commission to organise and finance joint market surveillance actions on toys.
Amendment 105 #
2021/2040(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16 a. Calls on Member States to make sure market surveillance activities are robustly financed;
Amendment 106 #
2021/2040(INI)
Motion for a resolution
Paragraph 16 b (new)
Paragraph 16 b (new)
16 b. Is concerned that counterfeit toys can put children at risk and have a negative impact on toy companies that apply all safety requirements; believes it is essential that Know Your Business Customer Requirements are adopted for all types of online intermediaries; welcomes specific operations from law enforcement authorities targeting counterfeit toys, such as Operation Ludus from Europol (2020).
Amendment 111 #
2021/2040(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Is concerned by the new vulnerabilities and risks posed by connected toys in terms of children safety, security, privacy and mental health; calls on the Commission to explore different options for action, such as extending the scope of the TSD to include provisions on information security or reinforcing the relevantin particular the adoption of a horizontal legislation, such as the Radio E on cyber-security requiprement Directive and the Cybersecurity Act, as well as the GDPR, while keeping Parliament informed of its chos for connected products and associated services;
Amendment 115 #
2021/2040(INI)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17 a. Highlights that the significant divergences in controls of products from third countries and in customs procedures and sanctions policies at the EU’s points of entry into the customs union often result not only in distortions and the entrance of counterfeit toys, but also in a considerable health and child safety risks in the single market;
Amendment 119 #
2021/2040(INI)
Motion for a resolution
Paragraph 17 b (new)
Paragraph 17 b (new)
17 b. Insists that the Commission ensures that custom controls throughout the EU follow the same standards, by means of harmonised and standardised controls, in coordination with Member States and in full compliance with the principle of subsidiarity; urges the Commission, furthermore, to increase collaboration between the relevant competent authorities so as to guarantee harmonised and uniform controls at all points of entry into the Union and thus ensure the traceability of products and a high level of safety of toys;
Amendment 124 #
2021/2040(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Welcomes the guidance of the Commission on Article 4 of Regulation 2019/1020, which clarifies the tasks of economic operators, in particular with regard to products sold online and placed on the EU market from non-EU countries; stresses that compliance with EU rules by all economic operators is key to ensuring the safety of children and providing a level playing field for companies, and calls on market surveillance and customs authorities to perform robust enforcement actions to stop rogue traders from exploiting the EU market;establish an ongoing list of the countries, regions of origin or companies with the highest number of non-compliant toys and prioritize the check according to this list, to perform robust enforcement actions to stop rogue traders from exploiting the EU market; urges the Member States to cooperate and put at each others disposal the list with the countries and companies with the highest rate of non-compliancy.
Amendment 129 #
2021/2040(INI)
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
19 a. Highlights concerns that rogue traders can exploit loopholes that may result in unsafe toys being placed on the market, particularly when a seller is based outside the EU and there is usually no EU-based manufacturer, importer or distributor who is liable for the safety of a toy;
Amendment 135 #
2021/2040(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Stresses that online marketplaces should take additional steps to ensure the safety and compliance of toys sold on their platforms; insists in the strongest terms, in this sense, that it is fundamental to ensure full consistency between different instruments such as the Digital Services Act and the future legislative act revising the GPSD when it comes to the responsibility of online marketplaces and the liability of traders, under the principle ‘what is illegal offline is illegal online’;
Amendment 138 #
2021/2040(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Highlights the added value of the ‘know your business customer’ principle to increase compliance of toys sold online and traceability of toys sold online; regrets that the product safety pledge has shown limited effects so far; calls, therefore, for increased responsibilities for online marketplaces to detect and remove unsafe and non- compliant toys from their platforms and prevent their reappearanceraders on online market places ; acknowledge the results of the product safety pledge while highlighting its voluntary character and a limited participation of marketoperators ; calls, therefore, for enhanced cooperation of online marketplaces with market surveillance authorities on product safety issues, especially in removing an illegal product upon an order received by relevant authorities and in eliminating or mitigating the risk presented by a product offered online.;
Amendment 142 #
2021/2040(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Highlights the need to step up cooperation with non-EU countries; to fight more effectively against unsafe and non-compliant toys while ensuring a levelplaying field for European companies; calls on the Commission to publish information on its monitoring activities;
Amendment 149 #
2021/2040(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Considers it essential to provide for a broader scope for amendments inInvites the Commission to assess the scope of the future revision, including mechanical and physical requirements if and where necessary in particular for children under 36 months, limit values for nitrosamines, labelling provisions for allergenic fragrances and CMRs;
Amendment 153 #
2021/2040(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
26. Calls on the Commission to clarify the definition of ‘grey zone’ products in the future revision of the TSD; stresses the need for an opened and constructive dialog with all the stakeholders to redefine toys so to eliminate confusion and grey-zones as much as possible.
Amendment 154 #
2021/2040(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
26. Calls on the Commission to clarify the definition of ‘grey zone’ products in the future revision of the TSD, as well as in the corresponding guidelines;
Amendment 155 #
2021/2040(INI)
Motion for a resolution
Paragraph 26 a (new)
Paragraph 26 a (new)
26 a. Considers that clear and up-to date guidance documents are essential for harmonized implementation of the TSD. Guidance helps both market surveillance authorities and economic operators to deal with ‘grey zone’ cases, such as when there is doubt about the correct age classification; calls on the Commission to keep Guidance documents updated, with priority given to revisions of guidance document No. 11 on age classification and of the TSD technical documentation guidance.
Amendment 156 #
2021/2040(INI)
Motion for a resolution
Paragraph 26 b (new)
Paragraph 26 b (new)
26 b. Highlights the important role of the toys in the development and formation of the children, the support from the pedagogical point of view in performing new tasks and improvement of learning skills from a very young age; calls on the Commission to revise the toy directive considering improving the safety of toy and in the same time reducing the burden and the administrative and legal costs of the manufacturers in order to ensure a clear path to safe and affordable toys for all children in the European Union.
Amendment 158 #
2021/2040(INI)
Motion for a resolution
Paragraph 27
Paragraph 27
27. Calls on the Commission to introduce mandatory labelling for toys, providing the consumer at the time of purchase with clear, easily understandable and comparable information on a toy’s estimated lifetime, the extent to which it is reparable and the availability of spare parts, including, where relevant, the availability of the necessary software, and setting out options for repair;Delete
Amendment 161 #
2021/2040(INI)
Motion for a resolution
Paragraph 27 a (new)
Paragraph 27 a (new)
27 a. Considers that warnings and safety information are important for consumers. Additional labelling requirements should be kept to a minimum to avoid attention is diverted from this; calls on the Commission to assess the possibility to indicate conformity information not intended for the final consumer electronically;
Amendment 164 #
2021/2040(INI)
Motion for a resolution
Paragraph 27 b (new)
Paragraph 27 b (new)
27 b. Urges the Commission to foster the use of innovative and digital solutions to make information available to consumers and minimise packaging materials while ensuring that safety information is clearly identifiable.
Amendment 165 #
2021/2040(INI)
27 c. Highlights that for the CE- marking, there is discrepancy between the TSD and other harmonized rules that might also apply to some toys, such as the Electromagnetic Compatibility Directive and the Radio Equipment Directive which require the CE marking to be on the product. This is especially problematic if numerous conformity marks for different jurisdictions around the world have to be present. Calls on the Commission to specify in the Blue Guide on EU Product Rules, that a product needs to comply with the CE-marking requirements of one of the applicable legislations if there are conflicting requirements.
Amendment 166 #
2021/2040(INI)
Motion for a resolution
Paragraph 27 d (new)
Paragraph 27 d (new)
27 d. Is concerned by the proliferation of national legislation impacting labelling and information requirements to be displayed on packaging; considers that consumers and the value chain need information to drive more sustainable behavior but measures should be proportionate and not restrictive in a manner contrary to Article 34of the TFEU; believes a single EU-approach should be considered for example through the upcoming revision of the EU Packaging & Packaging WasteDirective
Amendment 168 #
2021/2040(INI)
Motion for a resolution
Paragraph 28
Paragraph 28
28. Highlights that the lack of consistent EU-wide statistics on toy-related accidentaccidents caused by toys makes it impossible to quantitatively assess the level of protection granted by the TSD; believes that a lack of coordination and funding at EU level is a root cause of the absence of consistent data and calls on the Commission to address this in a future revision through the establishment of a pan-European accident and injury database; for all the products sold in the Union, with a special section for toys, public, user friendly and accessible for consultation for public authorities, consumers and manufacturer; the introduction of the data in the data base shall be made in real time and shall be mandatory for all the injuries and accidents from all the Member States
Amendment 173 #
2021/2040(INI)
Motion for a resolution
Paragraph 29 a (new)
Paragraph 29 a (new)
29 a. Calls on the Commission to introduce in the revision of the TSD a data base and templates regarding the data needed for the evaluation of the Regulation that shall beused by all the Member States, all the marketing surveillance authorities and all the notified bodies allowing to gather the same information at the European level and ensuring a harmonized data collection.
Amendment 174 #
2021/2040(INI)
Motion for a resolution
Paragraph 30
Paragraph 30
30. Calls on the Commission to use the opportunity provided by the TSD revision to introduce indicators to monitor its implementation and effectiveness; urges the Commission to establish a harmonized report comprising the same type of data and the same sections to be submitted regularly by all the Member States to ensure a high quality, non-biased and fact based evaluation of the Regulation.
Amendment 176 #
2021/2040(INI)
Motion for a resolution
Paragraph 30
Paragraph 30
30. Calls on the Commission to use the opportunity provided by the TSD revision to introducedevelop indicators to monitor itsthe correct implementation and overall effectiveness of the TSD by Member States;
Amendment 177 #
2021/2040(INI)
Motion for a resolution
Paragraph 30 a (new)
Paragraph 30 a (new)
30 a. The Commission shell elaborate the general report at the Union level based on the reports gathered from all the Member States. The final report and the reports from the Member State shall be public and easily accessible by all the interested parties.
Amendment 2 #
2021/2036(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Underlines that an independent, impartial, professional and responsible free media is a key pillar of democracycornerstone of democracy, a fundamental constitutional value on which the European Union is founded and protected by the EU and its treaties, with freedom of expression and information enshrined in the Charter of Fundamental Rights; expresses serious concerns about the situation in some Member States whereby media laws allow for greater political interfreedom is not guaranteed, journalists, NGOs and representatives from civil society are silenced, harassed, and even physically attacked, creating chilling effects on freedom of expression, limiting the access to the information of public interest; underlines the urgency to propose legislative and non-legislative measures to secure a safer ence; vironment for public watchdogs in the EU;
Amendment 12 #
2021/2036(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Is concerned that the current COVID-19 pandemic not only continues to have a significant negative impact on public health, social welfare and the economy, but also entails a serious threat to media freedom; warns that governments across the world could use the coronavirus emergency as an excuse to implement draconian new restrictions onifferent restrictive measures limiting the freedom of expression and tightening media censorship; calls on the Commission to mobilise funds to encourage anti-corruption investigative journalism; both online and offline, including by amending criminal legislation by decree, while journalists have been prosecuted or assaulted for reporting about Covid-19 related news1a; calls on the Commission to mobilise funds to support the investigative journalism enabling them to report independently on current affairs, including corruption and abuses of public office; _________________ 1a https://www.amnesty.org/en/latest/news/2 020/05/global-crackdown-on-journalists- weakens-efforts-to-tackle- covid19/?fbclid=IwAR0GO09WSuyXFBp- VXhqmQJXuf8Hll81PEAESEkUbIM_slF bAftNGIE3yWQ
Amendment 26 #
2021/2036(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
Amendment 30 #
2021/2036(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Calls on the Commission to propose without delay a directive against strategic lawsuits against public participation (SLAPPs) in order to protect independent media and journalists from vexatious lawsuits intended to silence or intimidate them; considers that a directive against strategic lawsuits against public participation (SLAPPs) should exclude cases of defamation from the Criminal law in Member States and imprisonment punishments for defamation; calls on the Commission to strike a fair balance between the right to access to justice and the freedom of expression;
Amendment 33 #
2021/2036(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Underlines that a directive against SLAPPs should address and proscribe forum shopping, limiting the possibilities for selection of jurisdiction to prosecute defendants in SLAPP cases to domicile country, and amend accordingly the Rome II. and Brussels I regulations relating to cases of defamations; underlines the need to introduce harmonisation of legislation and installing appropriate safeguards across the EU through common minimal standards limiting the availability of SLAPPs against journalists, NGOs and representatives of civil society;
Amendment 35 #
2021/2036(INI)
Draft opinion
Paragraph 4 b (new)
Paragraph 4 b (new)
4 b. Underlines that a directive against SLAPPs should include provisions for expeditious procedural dismissal of manifestly unfounded cases identified as SLAPPs by judicial authority, protecting the right to participate in public life, without the possibility to appeal to such dismissals and with the right to an effective remedy for the defendants who report breaches of Union law or reveal information in public interest;
Amendment 37 #
2021/2036(INI)
Draft opinion
Paragraph 4 c (new)
Paragraph 4 c (new)
4 c. Calls on the Commission to complement legislative proposals with non-legislative actions, including creating the EU-wide publicly accessible database or mapping of identified SLAPP cases in all Member States, providing protection and financial or legal assistance to SLAPP victims for exercising the right to defence, and establish effective measures, dedicated judicial training or other actions, for raising awareness among lawyers and judges regarding SLAPP cases and available recourses against SLAPPs;
Amendment 43 #
2021/2036(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Is concerned about the increase inof online hate speech, notably against freedom of the press and freedom of expressionverbal abuse, harassment, online smear campaigns, cybercrime and violation of privacy online, notably against free press and the freedom of expression, including political or economic pressure, leading to self- censorship and impairment of editorial freedom; stresses that online threats and harassments are particularly persistent for women journalists to intimidate and discredit them, thus creating professional harm; stresses that online harassment violence against journalists are often accompanying SLAPP suits; stresses the need for better cooperation between authorities and online platform service providers in order to combat hate speech, without destabilisingonline harassments and hate speech, while guarantee the fundamental right to freedom of expression;
Amendment 52 #
2021/2036(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Calls on the Member States to guarantee that the public service media is free from censorship and political influence; invites the Member States, in this regard, to establish the necessary regulatory frameworksimplement the already established regulatory frameworks, such as AVMSD, and cooperate in pilot projects set up by Commission, such as Media Ownership Monitor, to monitor media ownership and ensure full transparency;
Amendment 17 #
2021/2017(INI)
Motion for a resolution
Citation 15 a (new)
Citation 15 a (new)
— having regard to its resolution of 17 September 2020 on the cultural recovery of Europe (2020/2708(RSP)),
Amendment 20 #
2021/2017(INI)
Motion for a resolution
Citation 16 a (new)
Citation 16 a (new)
— having regard to its resolution of 15 September2020 on effective measures to ‘green’ Erasmus+, Creative Europe and theEuropean Solidarity Corps (2019/2195(INI)),
Amendment 30 #
2021/2017(INI)
Motion for a resolution
Recital A
Recital A
A. whereas the cultural and creative sectors, of which news media and audiovisual sectors are an integral part, have been among the hardest hit by the fallout from COVID-19; whereas these sectors are also expected to recover at a more moderate pace than the general economy; whereas COVID-19 has had different kinds of impact on the various actors of the media and audiovisual sector and industry, who are therefore facing different challenges; whereas these challenges therefore need to be addressed with global plans but also tailored measures to overcome this crisis;
Amendment 50 #
2021/2017(INI)
Motion for a resolution
Recital C a (new)
Recital C a (new)
C a. whereas cinemas and film festivals play a central role in the European audiovisual ecosystem, particularly in terms of distribution but also regarding the viewing experience they provide to Europeans; whereas cinemas have suffered greatly from the closure of cultural venues and the social distancing measures that prevent them from operating at full capacity, if at all;
Amendment 53 #
2021/2017(INI)
Motion for a resolution
Recital D
Recital D
D. whereas the audiovisual sector plays a vital part in fostering the resilience of our democratic societies; whereas the European audiovisual sector is mostly comprised of a variety of small businesses; whereas the heterogeneity of the sector is also one of its strengths, helping to promote and strengthen Europe’s cultural, linguistic, social and political diversity; whereas the structuring of the European audiovisual and media sector into a competitive industry should therefore go hand in hand with the promotion of cultural diversity and market access for smaller operators;
Amendment 75 #
2021/2017(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Stresses the fallout of the economic downturn, and strongly reiterates its call on the Commission and the Member States to increase support available for the news media and audiovisual sectors, and the cultural and creative sectors more broadly; considers that allocations for the media and audiovisual sector should be increased across various multiannual financial framework (MFF) programmes;
Amendment 99 #
2021/2017(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. AcknowledgeRegrets that some parts of the audiovisual ecosystem are not covered by current support measures; invites the Commission to continue exploring tailored support schemes; urges particular attention be paid in all support actions to Member States with low audiovisual production capacity;
Amendment 119 #
2021/2017(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Believes that tax policies can help recovery and resilience of these sectors; encourages Member States with adequate fiscal scope to help boost media and cinema consumption and admissions through VAT rates that accommodate this;
Amendment 120 #
2021/2017(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6 a. Welcomes the European Commission's announcement of an additional financial support for the European network of cinemas; calls, however, on the Commission to quickly consider tailored support for cinemas, that have to operate at reduced capacity and with additional costs, as well as for European film festivals;
Amendment 121 #
2021/2017(INI)
Motion for a resolution
Paragraph 6 b (new)
Paragraph 6 b (new)
6 b. Considers that more coverage should be devoted to European news in order to inform citizens about the activities of the Union; reiterates its support for the news media which have made the editorial choice to cover European affairs; calls on the Commission and the Member States to continue their efforts to promote the emergence of a genuine European media sphere;
Amendment 141 #
2021/2017(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Notes with concern that global online platforms have a vast disruptive impact on the media and audiovisual sector, as they dominate the data and advertising market, and have radically changed audience consumption patterns; underlines that current legislation does not regulate pivotal issues in the information and audiovisual ecosystems such as access to data, digital advertising, algorithmic transparency, platform accountability, must-show and other questions which are crucial for the European media and audiovisual stakeholders to be able to fairly compete with these platforms; considers that timely adoption of legislation, such as the upcoming Digital Markets Act, to help address these shortcomings is a matter of urgency;
Amendment 159 #
2021/2017(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Recognises the additional challenges for news media operating in smaller markets, including local, regional and niche media, which have limited revenues, and are not viable using current commercial business models, and which cannot embrace new ones that media operating in larger markets can; believes, therefore, that public funding mechanisms based on the arm’s length principle are increasingly necessary, coupled with unobstructed access to the advertising market;
Amendment 188 #
2021/2017(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13 a. Is of the opinion that the correct, complete and timely implementation of European legislation in favour of audiovisual and news media stakeholders, such as the 2019/790 Directive on copyright and related rights in the Digital Single Market, and the 2018/1808/EU Directive on Audiovisual Media Services(AVMSD), is of key importance to ensure a level-playing field for European actors;
Amendment 193 #
2021/2017(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Calls on the Commission to elaborate comprehensive European news media and audiovisual sector strategies, including sector-specific strategies for high added value activities where the EU is a competitive player or has the potential to be one, such as video games or virtual reality;
Amendment 218 #
2021/2017(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
Amendment 226 #
2021/2017(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Acknowledges that the existing creation and distribution models in the European audiovisual sector are largely based on territorial exclusivity, and ownership of intellectual property rights by independent producers and creators; calls on the Member States and the Commission to pay particular attention to the right of authors to receive fair remuneration for the exploitation of their works, especially in the digital environment;
Amendment 238 #
2021/2017(INI)
Motion for a resolution
Paragraph 20 a (new)
Paragraph 20 a (new)
20 a. Considers that more visibility should be given to EU programmes and initiatives aimed at promoting the circulation of high quality European works with international potential, such as Creative Europe MEDIA or the LUX Audience Award;
Amendment 239 #
2021/2017(INI)
Motion for a resolution
Paragraph 20 b (new)
Paragraph 20 b (new)
20 b. Recalls the adoption of the revision of the Audiovisual Media Services Directive, which requires the catalogues of VOD platforms operating in the EU to offer and promote 30% of European works; asks the Commission and the European Regulators Group for Audiovisual Media Services (ERGA) to closely monitor the effective implementation of this measure, and to evaluate the success of its objective, in particular with regards to the definition of the “European works”;
Amendment 242 #
2021/2017(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Underlines that video on demand (VOD) platforms and other innovations are reshaping the audiovisual media landscape, and by extension creating challenges and also opportunities for incumbent players; notes that in many respects, an irreversible transformation is under way and that the deployment of multiterritorial VOD platforms should not hamper the cultural and linguistic diversity of the European union; encourages the sector’s legacy players to enter new markets and embrace innovative business models;
Amendment 248 #
2021/2017(INI)
Motion for a resolution
Paragraph 21 a (new)
Paragraph 21 a (new)
21 a. Stresses the opportunities offered by the major non-European VOD platforms to European audiovisual creators and producers; is concerned, however, about the system of work-for- hire and buy-out contracts used by these companies, which tend to buy the intellectual property rights to a work in return for a one-off payment and thus profit from the revenue generated by the exploitation of these works; calls on the Commission to monitor this trend, in particular in the light of the 30% of European works required under the AVMS Directive, which could then be fulfilled with European works held by non-European companies;
Amendment 264 #
2021/2017(INI)
Motion for a resolution
Paragraph 22 a (new)
Paragraph 22 a (new)
22 a. Considers that the audiovisual and media sector is in many ways a pioneer in the European ecological transition and could benefit from more exchange of best practices; welcomes therefore the European Commission's intention to produce a best practice guide for green production and provision of services;
Amendment 16 #
2021/2008(INI)
Motion for a resolution
Recital A
Recital A
A. whereas educationlifelong education and training is a fundamental right that should be equally accessible to all; whereas the Pillar of Social Rights states that everyone has the right to quality and inclusive education in order to participate fully in society;
Amendment 17 #
2021/2008(INI)
Motion for a resolution
Recital A
Recital A
A. whereas education is a fundamental right and a public good that should be equally accessible to all; whereas the Pillar of Social Rights states that everyone has the right to quality and inclusive education in order to participate fully in society;
Amendment 22 #
2021/2008(INI)
Motion for a resolution
Recital B
Recital B
B. whereas new systemic changes such as the climate crisis, supranational political integration and, the digital shift or changes in labour market needs require the corresponding adaptation of educational systems, including citizenship education; whereas citizenship education contributes to the development of psycho- social and civic competences, thereby reinforcing employability and social wellbeing;
Amendment 40 #
2021/2008(INI)
Motion for a resolution
Recital D
Recital D
D. whereas sociopolitical changes observed in Member States, ranging from social polarisation and low institutional trust to democratic backsliding, the erosion of the rule of law, exclusionary nationalism and the instrumentalisation of Euroscepticism for political purposes, along with the resurgence of antisemitism in all its forms and xenophobia, the rise of extremist movements and authoritarianism, may pose a serious threat to European democracies and destabilise the EU as a whole; whereas strengthening citizenship education in formal, non-formal, informal and lifelong- learning education could play an important role in countering this trend;
Amendment 47 #
2021/2008(INI)
Motion for a resolution
Recital D a (new)
Recital D a (new)
D a. whereas political support of the Union tends to be expressed more in terms of feelings, attitudes and values rather than of concrete impact in daily lives; whereas there is a clear lack of proximity with and readability of the Union’s democratic processes and mechanisms amongst citizens, especially youth; whereas ignorance about the Union is often source of a shift from adherence in principle to mistrust and disengagement; whereas a European dynamic of renewed citizenship education can be a way of reconciling young people with elections, containing temptation for extremist and populist discourses, as well as offering appropriate tools, in line with new modes of youth participation;
Amendment 53 #
2021/2008(INI)
Motion for a resolution
Recital E
Recital E
E. whereas the emergence of a dynamic European citizenship has been hindered by a knowledge and, emotional and participation gaps; whereas insufficient knowledge about the EUEU citizenship and a poor understanding of its added value may contribute to the perception of a democratic deficit and may lead to Euroscepticism in Member States;
Amendment 55 #
2021/2008(INI)
Motion for a resolution
Recital E a (new)
Recital E a (new)
E a. whereas the European Parliament Report of 11 November 2021 on the European Education Area calls for the EEA to allow for a greater flow of learners, teachers and knowledge, fostering a sense of European belonging and civic awareness, guaranteeing rights and values, providing fair and equal opportunities, and improving social cohesion;
Amendment 66 #
2021/2008(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
Amendment 78 #
2021/2008(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Underlines that sociopolitical and global changes will require an substantial increase in the current level of citizenship education; is concerned about the imbalances in terms of average civic knowledge across and within Member States;
Amendment 86 #
2021/2008(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Welcomes that several Member States have developed national volunteering in civic service; whereas these schemes are essential in fostering citizenship education, especially on the practical level; whereas a civic service strengthens social cohesion, allows for the mobilisation for causes of general interest, and the construction of prospects for young people, especially the most vulnerable, contributing to their personal and professional development;
Amendment 89 #
2021/2008(INI)
Motion for a resolution
Paragraph 4 b (new)
Paragraph 4 b (new)
4 b. Believes European mobility presents the prospects of rallying young people to the European community and of reinforcing the emergence of a citizens’ Europe; whereas national volunteering schemes and civic services have the potential to be a natural gateway towards European mobility for young people, especially those with fewer opportunities;
Amendment 90 #
2021/2008(INI)
Motion for a resolution
Paragraph 4 c (new)
Paragraph 4 c (new)
4 c. Notes the European Solidarity Corps launched in 2018 has the potential to become the foundation for a universal European general interest mobility experience but has a too limited budget over the 2021-2027 period, lacks visibility and currently generates geographical imbalances; whereas existing national volunteering schemes and civic services are functioning in an isolated manner from the European Solidarity Corps;
Amendment 91 #
2021/2008(INI)
Motion for a resolution
Paragraph 4 d (new)
Paragraph 4 d (new)
4 d. Recalls the European Commission and Member States to develop common and participatory educational research, also on citizenship education, with a well- defined mandate and budget with the remit of EU competences;
Amendment 97 #
2021/2008(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Recalls the crucial pedagogical role of non-formal and informal learning, including youth work, volunteethe supervision of youth activities, volunteering, mentoring and sport, in developing social and civic skills, competences and behaviours, and in shaping responsible and active European citizens;
Amendment 134 #
2021/2008(INI)
Motion for a resolution
Paragraph 12 b (new)
Paragraph 12 b (new)
12 b. Calls on the European Commission and Member States to work on the inclusion of a co-constructed teaching unit in the initial training of teachers across the Union to introduce them to European education systems, best educational practices, EU exchange platforms, tools and partnerships, reflective practice and European values; calls for the creation of a European oath of teachers, similar to the universal oath of hippocrates;
Amendment 136 #
2021/2008(INI)
Motion for a resolution
Paragraph 12 c (new)
Paragraph 12 c (new)
12 c. Considers the more flexible and hybrid mobility features of the Erasmus+ programme 2021-2027 as an opportunity to increase the mobility opportunities for teachers and future teachers; encourages the European Commission to promote short-term mobility of teachers and to establish long-term mobility partnerships using the digital component;
Amendment 143 #
2021/2008(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13 a. Points out the importance of critical thinking and media literacy, particularly in the use of the Internet and social media, for an effective fight against disinformation, indoctrination and propaganda as well as all forms of discrimination; underlines the need to make them an integral part of citizenship education;
Amendment 150 #
2021/2008(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Calls for the development of concrete objectives and benchmarks on citizenship education in the European Education Area enabling framework, including European citizenship education; further calls, in this regard, for specific objectives and benchmarks on inclusion of disadvantaged learners;
Amendment 179 #
2021/2008(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Calls for a comprehensive European strategy on European civic and citizenship education, as well as the creation of supporting platforms to promote its implementation, focusing notably on shared EU democratic values and principles - such as human dignity, democracy, the rule of law, human rights, equality, tolerance, the respect of diversities and freedom of conscience;
Amendment 182 #
2021/2008(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Calls for a comprehensive European strategy on European civic and citizenship education, as well as the creation of supporting platforms to promote its implementation, focusing notably on shared EU democratic values and principles and fundamental rights;
Amendment 185 #
2021/2008(INI)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
Amendment 199 #
2021/2008(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Asks the Commission to propose a recommendation containing indicative primary and secondary school curricula on the EU and global civic education for its voluntary adoption by the Member States, in full respect of Treaty provisions; believes that said common demonstrative curricula should foster a better understanding of the history of European integration, organisation and structure of the existing EU institutions, the European electoral and decision-making processes, and the history and cultures of Member States and the common links between them, combining different pedagogical approaches and methods, including theoretical and project- based learning, adapted to the needs of learners;
Amendment 207 #
2021/2008(INI)
Motion for a resolution
Paragraph 20 a (new)
Paragraph 20 a (new)
20 a. Encourages all Member States to develop national volunteering schemes or National Civic Services, including with the incent and leverage of the European Solidarity Corps; urges the European Commission and Member States to considerably increase European cooperation in civic service and youth volunteering, to ensure mutual recognition between national systems; encourages National volunteering schemes and Civic Services to earmark European mobility experiences, on a reciprocal basis, eventually under the umbrella of the European Solidarity Corps programme; calls therefore on the Commission and Member States to substantially increase the resources for the European Solidarity Corps and to urgently work towards the objective to create a six month European Civic Service, in full complementarity with the European Solidarity Corps;
Amendment 212 #
2021/2008(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Calls for the establishment of a new EU agency, unit or task force on citizenship education, with the participation of specialists from all Member States, to improve accessibility to and the quality of citizenship education in all Member States and to support the development of a European dimension in citizenship education; believes it could be an opportunity to increase the support to and coordination of Member States’ citizenship education actions and their implementation, to give strategic orientation for the development of national structures and curricula of citizenship education and to set minimum common standards in terms of content and methodology in citizenship and civic education across the Union;
Amendment 3 #
2021/2007(INI)
Draft opinion
Recital A a (new)
Recital A a (new)
Aa. whereas 45% of the GDP comes from IPR intensive industries, only 9% of the EU SMEs have registered IP rights, the lack of information on the registration and management of the IP hinders the full use of the opportunities offered by IP and data sharing; whereas the small number of IP registrations of micro and SMEs might be the result of high costs and administrative burden.
Amendment 4 #
2021/2007(INI)
Draft opinion
Recital A b (new)
Recital A b (new)
Ab. whereas there is a lack of information in some Member States regarding the benefits and the intrinsic value of IPR that increases total value of the company leading to a more resilient and stronger position on the single market.
Amendment 9 #
2021/2007(INI)
Draft opinion
Recital B a (new)
Recital B a (new)
Ba. whereas the registrations for IP slightly increased in the first months of 2021 compared with the same period of the 2020, it is estimated that the Intellectual Property registration is still affected by the Covid-19 pandemics, with visible effect in the period to come especially in the development and innovation areas;
Amendment 11 #
2021/2007(INI)
Draft opinion
Recital B b (new)
Recital B b (new)
Bb. whereas the innovative solutions that will ensure a sustainable and digital post-COVID economic recovery are based on Intellectual Property rights, few micro and SMEs benefit from their IP when trying to get access to finance.
Amendment 28 #
2021/2007(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Stresses the importance of the IPR intensive industries in the green and digital recovery and resilience strategies; calls on the European Commission to strengthen the single market by cooperating with the Member States in finding a common approach to solving the infringements and minimizing the hold- backs, avoiding multiple judiciary procedures in case of European registered patents.
Amendment 29 #
2021/2007(INI)
Draft opinion
Paragraph 2 b (new)
Paragraph 2 b (new)
2b. Underlines that the open system and the technological transfer in the single market is crucial in having a real digital and green economy and a fast recovery; calls on the Commission to cooperate with the industry and the stakeholders to find solutions for a better differentiation between the essential and the additional patents and fora clearer approach on the obligations for licencing on the intermediate and final product;
Amendment 35 #
2021/2007(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Stresses that owning IPR leads to stability and economic growth of the companies, studies show that these companies pay their employees up to 19% higher salaries overall and tend to be more stable; calls on the Commission and the Member States to create a strategy to accelerate and support the research and development leading to the transformation of the R&D results into valuable economic enterprises through the registration and valorisation of IP at the European level increasing the number of the micro and SMEs using IPR thus creating a more resilient economy and single market.
Amendment 44 #
2021/2007(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Underlines the importance of the IPR in a resilient economy and in a green recovery and urges the Commission and the Member States to extend the eligibility for European funds to all the economic operators for the registration and valorisation of the IP leading to an increase of the added value of the product through the integration of licenses.
Amendment 47 #
2021/2007(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Emphasises the potential of Intellectual Property Rights with regards to incentivising research and innovation in the EU, particularly in the context of the COVID-19 pandemic;
Amendment 49 #
2021/2007(INI)
Draft opinion
Paragraph 4 b (new)
Paragraph 4 b (new)
4b. Reiterates the mission of the European Union as a global standard- setter in IP and its important role to address unfair practices and ensure a balanced approach at both EU and global level;
Amendment 52 #
2021/2007(INI)
Draft opinion
Paragraph 4 c (new)
Paragraph 4 c (new)
4c. Calls on the Commission and Member States to make collective efforts to ensure that implementation of the Action Plan will result in strong and effective reforms and application of the of IP regulation, with the ultimate aim of securing competitiveness in the Single Market;
Amendment 54 #
2021/2007(INI)
Draft opinion
Paragraph 4 d (new)
Paragraph 4 d (new)
4d. Welcomes the Action Plan’s aim to strengthen support to the EUs Geographical Indication system by protecting both agricultural geographical indications (GIs) as well as non- agricultural products, in order to improve their competitiveness, enable producers to fully benefit from their opportunities, and contribute to the economic, social and environmental sustainability in the Single Market;
Amendment 55 #
2021/2007(INI)
Draft opinion
Paragraph 4 e (new)
Paragraph 4 e (new)
4e. Stresses that the initiative should effectively support and build upon the EU’s efforts to set strong AI regulation to improve citizen trust and safety in issues linked to AI, blockchain and Internet of Things, specifically in the areas of healthcare, education, migration and green technology, while protecting consumers’ fundamental rights;
Amendment 56 #
2021/2007(INI)
Draft opinion
Paragraph 4 f (new)
Paragraph 4 f (new)
4f. Underlines that counterfeit products placed in the Internal Market and failures in market surveillance have negative implications to the detriment of consumers and overall trust in the Single Market; calls in this regards for an updated impact assessment of the overall functioning of the Enforcement Directive (2004/48/EC);urges the Commission to effectively enforce the implementation of the customs legislation and harmonise customs controls throughout the EU;
Amendment 57 #
2021/2007(INI)
Draft opinion
Paragraph 4 g (new)
Paragraph 4 g (new)
4g. Considers the Single Market can and should be further consolidated by means of its own unitary patent system; calls on the Member States to renew the impetus towards the introduction of the unitary patent system and the Unified Patent Court;
Amendment 56 #
2021/0420(COD)
Proposal for a regulation
Recital 19
Recital 19
(19) Next to the deadlines of 2030 and 2050 that have already been introduced under Regulation (EU) 1315/2013 of the European Parliament and of the Council19 , an intermediary deadline of 2040 for the compliance of the network with this Regulation should be added for the extended core network that is part of the European Transport Corridors. The same intermediary deadline should also apply for new standards on the core network that have been introduced in addition to the requirements in Regulation (EU) 1315/2013 as to allow for the necessary investments in due time. Incentives should be set to ensure the completion of the 2030, 2040 and 2050 targets. _________________ 19 Regulation (EU) No 1315/2013 of the European Parliament and of the Council of 11 December 2013 on Union guidelines for the development of the trans-European transport network and repealing Decision No 661/2010/EU (OJ L 348, 20.12.2013, p. 1).
Amendment 58 #
2021/0420(COD)
Proposal for a regulation
Recital 21
Recital 21
(21) The comprehensive network should be sufficiently equipped with alternative fuels infrastructure in order to ensure that it effectively supports the transition to zero- emission mobility, in line with the milestones set in the Sustainable and Smart Mobility StrategyRegulation of the European Parliament and Council on the deployment of alternative fuels infrastructure, and repealing Directive 2014/94/EU of the European Parliament and of the Council.
Amendment 60 #
2021/0420(COD)
Proposal for a regulation
Recital 23
Recital 23
(23) The core network has been identified on the basis of an objective planning methodology. That methodology has identified the most important urban nodes, ports and airports, as well as border crossing points. Wherever possible, tThose nodes are to be connected with multimodal links as long as they are economically viable and feasible by 2030. The methodology has ensured the interconnection of all Member States and the integration of the main islands into the core network.
Amendment 62 #
2021/0420(COD)
Proposal for a regulation
Recital 25 a (new)
Recital 25 a (new)
(25 a) The TEN-T network should fully take into account the diversity of challenges facing EU regions including geographic or significant physical constraints, for example in outermost regions and other remote, insular, peripheral and mountainous regions or in sparsely populated areas, or for isolated or partially isolated networks. All regions should be included in the whole core network, extended core network and comprehensive network to ensure the territorial cohesion of our Union.
Amendment 63 #
2021/0420(COD)
Proposal for a regulation
Recital 26
Recital 26
(26) Exemptions from the infrastructure requirements applicable to the core, extended core and comprehensive network should be possible only in duly justified cases and subject to certain conditions. This should include cases where investment cannot be justified, or where there are specific geographic or significant physical constraints, for example in outermost regions and other remote, insular, peripheral and mountainous regions or in sparsely populated areas, or for isolated or partially isolated networks.
Amendment 66 #
2021/0420(COD)
Proposal for a regulation
Recital 36
Recital 36
(36) Projects of common interest for which Union funding is sought should be the subject of a socio-economic cost- benefit analysis based on a recognised methodology, taking into account the relevant social, economic, climate-related and environmental benefits, territorial balance and costs as well as the life-cycle approach. The analysis of climate-related and environmental costs and benefits should be based on the environmental impact assessment carried out pursuant to Directive 2011/92/EU of the European Parliament and of the Council21 . _________________ 21 Directive 2011/92/EU of the European Parliament and of the Council of 13 December 2011 on the assessment of the effects of certain public and private projects on the environment (OJ L 26, 28.1.2012, p. 1).
Amendment 71 #
2021/0420(COD)
Proposal for a regulation
Recital 50 a (new)
Recital 50 a (new)
(50 a) When determining urban nodes special attention should be paid to supporting functional urban areas due to their importance in triggering cooperation between local authorities and partners across administrative borders as well strengthening urban-rural linkages furthermore, special attention should be paid to traffic density in order to improve the connectivity between urban nodes and the surrounding rural/suburban areas and ensure a more balanced territorial approach.
Amendment 80 #
2021/0420(COD)
Proposal for a regulation
Recital 59
Recital 59
(59) A sufficient number of fast recharging points for light and heavy-duty vehicles accessible to the public should be deployed across the trans-European transport network. This aim should ensure full cross-border connectivity and allow electric vehicles to circulate throughout the Union. Distance-based targets for the trans- European transport network as defined in Regulation (EU) […] [on the deployment of alternative fuels infrastructure] are to ensure a minimum of sufficient coverage of electric recharging points along the Union’s main road networks including areas facing geographical and demographic challenges and outermost regions.
Amendment 85 #
2021/0420(COD)
Proposal for a regulation
Recital 66
Recital 66
(66) European Transport Corridors should help to develop the infrastructure of the trans-European transport network in such a way as to address bottlenecks, enhancsure cross-border connections and improve efficiency and sustainability. They should contribute to cohesion throughby improveding territorial cooperation through a bottom up approach that takes into account the needs of local communities, local and regional authorities. They should also address wider transport policy objectives and facilitate interoperability, modal integration and multimodal operations while respecting geographical approach. The corridor approach should be transparent and clear and the management of such corridors should not create additional administrative burdens or costs.
Amendment 88 #
2021/0420(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point f
Article 3 – paragraph 1 – point f
(f) 'urban node' means an urban area where elements of the transport infrastructure of the trans-European transport network, such as ports including passenger terminals, airports, railway stations, bus terminals, logistic platforms and facilities and freight terminals, located in and around the urban area, including their functional urban areas, are connected with other elements of that infrastructure and with the infrastructure for regional and local traffic;
Amendment 90 #
2021/0420(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point g
Article 3 – paragraph 1 – point g
(g) 'isolated network' means the rail network of a Member State, or a part thereof, with a track gauge different from that of the European standard nominal track gauge (1435 mm), for which certain major infrastructure investments cannot be justified in economic cost-benefit terms by virtue of the specificities of that network arising from its geographic detachment or peripheral locationunless they are oriented towards converging to the European standard;
Amendment 91 #
2021/0420(COD)
Proposal for a regulation
Article 4 – paragraph 2 – point b – point ii
Article 4 – paragraph 2 – point b – point ii
(ii) reduction of infrastructure quality gaps between Member States by further developing interconnections and ensuring the effective connectivity of EU border regions;
Amendment 105 #
2021/0420(COD)
Proposal for a regulation
Article 15 – paragraph 2 – point b
Article 15 – paragraph 2 – point b
(b) provides for a nominal track gauge for new railway lines of 1435 mm, except where the new line is an extension on a network the track gauge of which is different and detached from the main rail lines in the Union;
Amendment 128 #
2021/0420(COD)
Proposal for a regulation
Article 52 – paragraph 6
Article 52 – paragraph 6
6. The European Coordinator mayshall consult regional and local authorities, infrastructure managers, transport operators, in particular those which are members of the rail freight governance, the supply industry, transport users and representatives of civil society in relation to the work plan and its implementation. In addition, the European Coordinator responsible for ERTMS shall closely cooperate with the European Union Agency for Railways and Europe's Rail Joint Undertaking and the European Coordinator for the European Maritime Space with the European Maritime Safety Agency.
Amendment 131 #
2021/0420(COD)
Proposal for a regulation
Article 63 – paragraph 1
Article 63 – paragraph 1
The provisions relating to railways, and in particular any requirement to connect airports and ports to railways as well as the provisions related to safe and secure parking and multimodal freight terminals shall not apply to Cyprus, Malta and outermost regions and Malta for as long as no railway system is established within their territory.
Amendment 14 #
2021/0293(COD)
Proposal for a decision
Recital 1
Recital 1
(1) In its Communication “2030 Digital Compass: the European way for the Digital Decade” of 9 March 202131 (“Digital Compass Communication”) the Commission laid out its vision for 2030 to empower citizens and businesses through the digital transition. The Union way for the digital transformation of economy and society should encompass digital sovereignty, inclusion, equality, sustainability, resilience, security, improving quality of life, respect of citizens’ rights and aspirations and should contribute to a dynamic, resource efficient, and fair economy and society in the Union, while also insuring that European citizens have the right to not partake in the digital sphere. _________________ 31 Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions “2030 Digital Compass: the European way for the Digital Decade” COM/2021/118 final/2.
Amendment 25 #
2021/0293(COD)
Proposal for a decision
Recital 7
Recital 7
(7) Digital skills, basic and advanced, are essential to reinforce the collective resilience of the Union’s society. Digitally empowered and capable citizens will be able to take advantage of the opportunities of the Digital Decade. Moreover, digital training and education should support a workforce in which people can acquire specialised digital skills, standardized at the European level, to get quality jobs and rewarding careers in much greater numbers than today, with convergence between women and men. In addition, an essential enabler for taking advanorder to achieve the targe of the benefits of digitisation, for further technological developments and for Europe’s digital leadership is a sustainable digital infrastructure for connectivity, microelectronics and the ability to process vast data. Excellent and secure connectivity for everybody and everywhere in Europe including in rural and remote areas40 is needed. Societal needs for upload and download bandts set out in Article 4 an European educational area in the field of digitalization should be created, the Commission in cooperation width are constantly growing. By 2030, networks with gigabit speeds should become available at accessible conditions for all those who need or wish such capacity. Moreover, microprocessors which are already today at the start of most of the key, strategic value chains are expected to be in even higher demand in the Member States should establish the right path for an uniformed, clear and comprehensive pathe future, in particular the most innovative ones. Climate neutral highly secure edge node guaranteeing access to data services with low latency wherever businesses are located and quantum capacity are also expected to be critical enablers. _________________ 40 Long-term Vision for the EU’s Rural Areas. COM(2021) 345 finaor acquiring digital knowledge, education and skills that are recognized at the European Level.
Amendment 26 #
2021/0293(COD)
Proposal for a decision
Recital 7
Recital 7
(7) Digital skills, basic and advanced, are essential to reinforce the collective resilience of the Union’s society, increase growth and innovation and build a fairer, more cohesive, sustainable and inclusive society. Digitally empowered and capable citizens will be able to take advantage of the opportunities of the Digital Decade as well as to face possible threats linked to it, such as the spread of disinformation or overload of information, namely through the ability to critically approach, filter and assess information. To this end, critical thinking as well as information and media literacy should become an essential part of digital education. Moreover, digital training and education should support a workforce in which people can acquire specialised digital skills to get quality jobs and rewarding careers in much greater numbers than today, with convergence between women and men. It should also foster interest in STEM-related studies and future careers while at the same time help to tackle gender stereotypes in this regard. In addition, an essential enabler for taking advantage of the benefits of digitisation, for further technological developments and for Europe’s digital leadership is a sustainable digital infrastructure for connectivity, microelectronics and the ability to process vast data. Excellent and secure connectivity for everybody and everywhere in Europe including in rural and remote areas40 is needed. Societal needs for upload and download bandwidth are constantly growing. By 2030, networks with gigabit speeds should become available at accessible conditions for all those who need or wish such capacity. Moreover, microprocessors which are already today at the start of most of the key, strategic value chains are expected to be in even higher demand in the future, in particular the most innovative ones. Climate neutral highly secure edge node guaranteeing access to data services with low latency wherever businesses are located and quantum capacity are also expected to be critical enablers. _________________ 40 Long-term Vision for the EU’s Rural Areas. COM(2021) 345 final.
Amendment 32 #
2021/0293(COD)
Proposal for a decision
Recital 7 a (new)
Recital 7 a (new)
(7 a) new The education sector will play a crucial role in creating the digital path and in achieving the targets set out in the present regulation, so a special attention should be payed to the training of the teachers, that will be a main pillar in reaching some of the targets. The Commission and the Member States shall use all the tools available to increase the number of specialized personal in the educational sector establishing an European teachers academy with a special attention on training for the need of very young students to acquire the basic skills in order to be able to attend classes even in the conditions of on-line learning, and on the life long learning which will allow mature and senior citizens to take part in the digital transformation, to make informed choices on the management of the information, of the personal data and of the taking part in the digital environment.
Amendment 33 #
2021/0293(COD)
Proposal for a decision
Recital 7 b (new)
Recital 7 b (new)
(7 b) In addition, an essential enabler for taking advantage of the benefits of digitisation, for further technological developments and for Europe’s digital leadership is a sustainable digital infrastructure for connectivity, microelectronics and the ability to process vast data. The access to the affordable, high quality digital infrastructure is, in some cases, a sine qua non condition in taking part in the educational process in special conditions, like theCOVID-19 pandemic clearly emphasized and is the only way to ensure no children are left behind. Excellent and secure connectivity for everybody and everywhere in Europe including in rural and remote areas[1]is needed. Societal needs for upload and download bandwidth are constantly growing. By 2030, networks with gigabit speeds should become available at accessible conditions for all those who need or wish such capacity. Moreover, microprocessors which are already today at the start of most of the key, strategic value chains are expected to be in even higher demand in the future, in particular the most innovative ones. Climate neutral highly secure edge node guaranteeing access to data services with low latency wherever businesses are located and quantum capacity are also expected to be critical enablers.[1] Long-term Vision for the EU’s Rural Areas. COM(2021) 345 final.
Amendment 38 #
2021/0293(COD)
Proposal for a decision
Recital 9
Recital 9
(9) Democratic life and public services will also crucially depend on digital technologies and therefore they should be fully accessible for everyone, on a voluntary basis, as a best–in- class digital environment providing for easy-to-use, efficient and personalised services and tools with high security and privacy standards. The very ambitious targets in involving the population in the digital transition will not ensure the participation of all the European citizens; the senior population, disadvantaged groups, economically marginalized groups, population from the remote areas and other categories might be harder to reach and integrate in the digital evolution. The Europe and Commission in collaboration with the Member States should do the upmost to include all in the transition while insuring that European citizens have the right to not partake in the digital sphere and services are offered at the same quality standards to those who are unable or chose not to engage in the digital environment.
Amendment 62 #
2021/0293(COD)
Proposal for a decision
Article 1 – paragraph 1 – point c
Article 1 – paragraph 1 – point c
(c) ensure the consistency, comparability and completeness of the monitoring and reporting by the Member States and by the Union.
Amendment 63 #
2021/0293(COD)
Proposal for a decision
Article 2 – paragraph 1 – point a
Article 2 – paragraph 1 – point a
(a) promote a human-centered, inclusive, secure and open digital environment where digital technologies and services respect and enhance Union principles and values, and is accessible in a voluntary manner to the European citizens;
Amendment 68 #
2021/0293(COD)
Proposal for a decision
Article 2 – paragraph 1 – point b
Article 2 – paragraph 1 – point b
(b) reinforce Member States’ collective resilience and bridge the digital divide notably by promoting, basic and specialised digital skills for all as well as advanced digital skills for students and young people and fostering the development of high-performing digital education and training systems;
Amendment 79 #
2021/0293(COD)
Proposal for a decision
Article 2 – paragraph 1 – point c
Article 2 – paragraph 1 – point c
(c) ensure digital sovereignty notably by a secure and accessible digital infrastructurehigh quality, secure digital infrastructure accessible throughout the European Union, including in remote areas, capable to process vast volumes of data that enables other technological developments, supporting the competitiveness of the Union's industry and education;
Amendment 87 #
2021/0293(COD)
Proposal for a decision
Article 2 – paragraph 1 – point e
Article 2 – paragraph 1 – point e
(e) ensure that democratic life, public services and health and care services are accessible online for everyone, in particular on voluntary basis, including the disadvantaged groups includinglike persons with disabilities, offering inclusive, efficient and personalised services and tools with high security and privacy standards;
Amendment 94 #
2021/0293(COD)
Proposal for a decision
Article 3 – paragraph 1 – point 5 a (new)
Article 3 – paragraph 1 – point 5 a (new)
Amendment 97 #
2021/0293(COD)
Proposal for a decision
Article 3 – paragraph 1 – point 5 a (new)
Article 3 – paragraph 1 – point 5 a (new)
(5 a) ‘basic digital skill’ means a basic ability to use digital devices and online applications, for instance with the purpose of accessing and critically approaching, filtering and managing information, creating and sharing content in a responsible way, communicating and collaborating;
Amendment 98 #
2021/0293(COD)
Proposal for a decision
Article 3 – paragraph 1 – point 5 b (new)
Article 3 – paragraph 1 – point 5 b (new)
(5 b) ‘advanced digital skill’ means a specialised ability to use digital technologies, such as skills in designing, developing,managing and deploying technologies according to standards established and recognized at European Union level.
Amendment 100 #
2021/0293(COD)
Proposal for a decision
Article 4 – paragraph 1 – point 1 – point a
Article 4 – paragraph 1 – point 1 – point a
(a) by 2025 at least 70%, and by 2030 at least 80% of those aged 16-74over 8 years old have at least basic digital skills, critical thinking skills as well as skills of information and media literacy;
Amendment 102 #
2021/0293(COD)
Proposal for a decision
Article 4 – paragraph 1 – point 1 – point a
Article 4 – paragraph 1 – point 1 – point a
(a) by 2025 at least 70%,and by 2030 at least 80%, of those aged 16-74over 8 years old have at least basic digital skills;
Amendment 116 #
2021/0293(COD)
Proposal for a decision
Article 4 – paragraph 1 – point 2 – point a a (new)
Article 4 – paragraph 1 – point 2 – point a a (new)
(a a) using the European teachers academy and other European and National tools to ensure at least 90 % of teachers are adequately trained to use technology effectively in their teaching and to teach digital technologies;
Amendment 119 #
2021/0293(COD)
Proposal for a decision
Article 4 – paragraph 1 – point 2 – point a b (new)
Article 4 – paragraph 1 – point 2 – point a b (new)
(a b) creating the European educational area in the field of digitalization
Amendment 120 #
2021/0293(COD)
Proposal for a decision
Article 4 – paragraph 1 – point 2 – point a c (new)
Article 4 – paragraph 1 – point 2 – point a c (new)
(a c) creating European common standards for the digital education and skills recognized at European level
Amendment 132 #
2021/0293(COD)
Proposal for a decision
Article 6 – paragraph 3 – point d
Article 6 – paragraph 3 – point d
(d) interactions between and consistency of existing and planned policies, measures and actions including the state of play of Multi-Country Projects in the digital sector.
Amendment 139 #
2021/0293(COD)
Proposal for a decision
Article 9 – paragraph 4
Article 9 – paragraph 4
(4) In addition, where the Commission concludes that national measures are insufficient and put at risk the timely achievement of the objectives and digital targets set out in this Decision, it may propose measures as appropriate and exercise its powers under the Treaties in order to ensure the collective achievement of those objectives and targets. The Commission may also propose Multi- Country Projects in order to achieve the difficult targets and objectives, or if some measures would benefit from a coordinated approach.
Amendment 147 #
2021/0293(COD)
Proposal for a decision
Article 12 – paragraph 2 – point e a (new)
Article 12 – paragraph 2 – point e a (new)
(e a) new ensuring a European convergence in all the educational areas, the European standardization of the digital education and skills;
Amendment 148 #
2021/0293(COD)
Proposal for a decision
Article 12 – paragraph 2 – point e b (new)
Article 12 – paragraph 2 – point e b (new)
(e b) new ensuring the convergence of the digital infrastructure;
Amendment 149 #
2021/0293(COD)
Proposal for a decision
Article 13 – paragraph 4 – point g a (new)
Article 13 – paragraph 4 – point g a (new)
(g a) The European Commission
Amendment 150 #
2021/0293(COD)
Proposal for a decision
Article 13 – paragraph 4 – point g b (new)
Article 13 – paragraph 4 – point g b (new)
(g b) The European Research Infrastructure Consortia under the European Commission coordination.
Amendment 3 #
2021/0227(BUD)
Draft opinion
Paragraph 1
Paragraph 1
1. Believes that the economic crisis triggered by the COVID-19 pandemic should not adversely affect investments of a social, educational and cultural nature; therefore, increases the allocations of Erasmus+ and the European Solidarity Corps Programme to better support the recovery, in particular by and the ‘greening’ of those programmes; underlines that particular attention should be paid to ensure good outreach to vulnerable people, whose exclusion has been worsened by the pandemic;
Amendment 8 #
2021/0227(BUD)
Draft opinion
Paragraph 2
Paragraph 2
2. Given the dramatic consequences of the COVID-19 crisis on Europe’s cultural and creative sectors (CCS) and industries, reinforces the Culture strand of the Creative Europe Programme, to support organisations and artists in their recovery, to provide targeted support for the performing arts, in particular the music sector, and to ‘green’ the programme;
Amendment 10 #
2021/0227(BUD)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. Reiterates that the increase in programme budgets must go hand in hand with a linear and gradual growth in annual allocations, in order to avoid disproportionate increases and absorption difficulties in the final years of the 2021- 2027 Multiannual Financial Framework (MFF);
Amendment 12 #
2021/0227(BUD)
Draft opinion
Paragraph 3
Paragraph 3
3. Urges the Member States once more to earmark at least 2 % of the Recovery and Resilience Facility for the recovery of the CCS and industries, in line with Parliament's request; welcomes the fact that some Member States have already earmarked part of their recovery plans to benefit CCS and industries;
Amendment 21 #
2021/0227(BUD)
Draft opinion
Paragraph 6
Paragraph 6
6. Increases the budget for “Multimedia actions” by EUR 2,2 million and creates a reserve of EUR 5 million, in order to encourage the Commission to provide more stability and predictability for radio networks covering EU affairs with funding covering at least two years; calls, however, for this reserve not to penalise the partnerships concluded by the Commission with other partners for the provision of quality European information, in the framework of "Multimedia actions"; affirms in particular its support for the editorial partnership concluded with Euronews in this perspective; furthermore, splits the existing budget line into its four components, for enhanced budgetary scrutiny.
Amendment 152 #
2021/0223(COD)
Proposal for a regulation
Recital 38
Recital 38
(38) The revised national policy frameworks should include supporting actions for the development of the market as regards alternative fuels, including the deployment of the necessary infrastructure to be put into place, in close cooperation with regional and local authorities and with the industry concerned, while taking into account the needs of small and medium- sized enterprises. Additionally, the revised frameworks should describe the overall national framework for planning, permitting and procuring of such infrastructure, including the identified obstacles and actions to remove them so shat a faster rollout of infrastructure can be achieved. In sparsely populated areas, outermost regions and areas with low traffic density where demand for such infrastructure is low, securing a sufficiently comprehensive infrastructure may not be possible on market terms. Under State aid law, a Member State may provide investment aid and CEF funding for this purpose. The deployment of alternative fuels infrastructure must leave no one behind.
Amendment 171 #
2021/0223(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 3 – point b – indent 2 a (new)
Article 2 – paragraph 1 – point 3 – point b – indent 2 a (new)
- biomethane,biopropane, bioLPG, renewable Dimethyl Ether,
Amendment 178 #
2021/0223(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 43 a (new)
Article 2 – paragraph 1 – point 43 a (new)
Amendment 208 #
2021/0223(COD)
Proposal for a regulation
Article 3 – paragraph 2 a (new)
Article 3 – paragraph 2 a (new)
2 a. Where a recharging station is serving both directions of travel, on roads with low traffic density and where the infrastructure cannot be justified in socio- economic cost-benefit terms, it shall be considered to meet the requirements of this article for both directions, provided that the total installed capacity and number of chargers are as required for one direction of travel.
Amendment 248 #
2021/0223(COD)
Proposal for a regulation
Article 4 – paragraph 1 a (new)
Article 4 – paragraph 1 a (new)
1 a. Where a recharging station is serving both directions of travel, on roads with low traffic density and where the infrastructure cannot be justified in socio- economic cost-benefit terms, it shall be considered to meet the requirements of this article for both directions, provided that the total installed capacity and number of chargers are as required for one direction of travel.
Amendment 249 #
2021/0223(COD)
Proposal for a regulation
Article 4 – paragraph 1 b (new)
Article 4 – paragraph 1 b (new)
1 b. On roads with low traffic density and where the infrastructure cannot be justified in socio-economic cost-benefit terms, Member States may extend the required distances regarding heavy-duty road transport vehicles in paragraph 1 of this Article, so that the total distances in- between charging pools on average meet the distance requirements.
Amendment 253 #
2021/0223(COD)
Proposal for a regulation
Article 4 a (new)
Article 4 a (new)
Amendment 283 #
2021/0223(COD)
To that end Member States shall ensure that by 31 December 2030 publicly accessible hydrogen refuelling stations with a minimum capacity of 2 t/day and equipped with at least a 700 bars dispenser are deployed with a maximum distance of 150 km in-between them along the TEN-T core and the TEN-T comprehensive network. Liquid hydrogen shall be made available at publicly accessible refuelling stations with a maximum distance of 450 km in-between them.
Amendment 301 #
2021/0223(COD)
Proposal for a regulation
Article 9 – paragraph 3
Article 9 – paragraph 3
3. Where the maritime port of the TEN-T core network and the TEN-T comprehensive network is located on an island which is not connected directly or sufficiently to the electricity grid, paragraph 1 shall not apply, until such a connection has been completed or there is a sufficient locally generated capacity from clean energy sources.
Amendment 337 #
2021/0223(COD)
Proposal for a regulation
Article 18 – paragraph 1
Article 18 – paragraph 1
1. Member States shall appoint an Identification Registration Organisation (‘IDRO’). The IDRO shall issue and manage unique identification (‘ID’) codes to identify, at least operators of recharging points and mobility service providers, at the latest one year after the date referred to in Article 24.
Amendment 233 #
2021/0218(COD)
Proposal for a directive
Article premier – paragraph 1 – point 15 – point a – point i
Article premier – paragraph 1 – point 15 – point a – point i
Directive (EU) 2018/2001
Article 26 – paragraph 1 – subparagraph 1
Article 26 – paragraph 1 – subparagraph 1
For the calculation of a Member State's gross final consumption of energy from renewable sources referred to in Article 7 and of the greenhouse gas intensity reduction target referred to in Article 25(1), first subparagraph, point (a), the share of biofuels and bioliquids, as well as of biomass fuels consumed in transport, where produced from food and feed crops, shall be no more than one percentage point higher than the share of such fuels in the final consumption of energy in the transport sector in 2020 in that Member State, excluding the share of high indirect land-use change risk biofuels, bioliquids or biomass fuels produced from food and feed crops for which a significant expansion of the production area into land with high-carbon stock is observed, with a maximum of 7 % of final consumption of energy in the transport sector in that Member State. By way of derogation, Member States may decide to exclude bioliquids used for electricity production in the outermost regions and non-interconnected areas from the aforementioned 7 % ceiling for the transport sector;
Amendment 241 #
2021/0218(COD)
Proposal for a directive
Article premier – paragraph 1 – point 18 – point a – point ii
Article premier – paragraph 1 – point 18 – point a – point ii
Directive (EU) 2018/2001
Article 29 point 1
Article 29 point 1
— (a) in the case of solid biomass fuels, in installations producing electricity, heating and cooling with a total rated thermal input equal to or exceeding 510 MW,
Amendment 242 #
2021/0218(COD)
Proposal for a directive
Article premier – paragraph 1 – point 18 – point a – point ii
Article premier – paragraph 1 – point 18 – point a – point ii
Directive (EU) 2018/2001
Article 29 point 1
Article 29 point 1
— (b) in the case of bioliquids, in an installation producing electricity, heating and cooling with a total rated thermal input equal to or exceeding 10 MW,
Amendment 243 #
2021/0218(COD)
Proposal for a directive
Article premier – paragraph 1 – point 18 – point a – point ii
Article premier – paragraph 1 – point 18 – point a – point ii
Directive (EU) 2018/2001
Article 29 point 1
Article 29 point 1
— (b) in the case of gaseous biomass fuels, in installations producing electricity, heating and cooling with a totaln average rated thermal input equal to or exceeding 2 MW,
Amendment 256 #
2021/0218(COD)
Proposal for a directive
Article premier – paragraph 1 – point 18 a (new)
Article premier – paragraph 1 – point 18 a (new)
Directive (EU) 2018/2001
Article 29 point 13
Article 29 point 13
Amendment 1 #
2021/0200(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) The European Green Deal31 combines a comprehensive set of mutually reinforcing measures and initiatives aimed at achieving climate neutrality in the Union by 2050, and sets out a new growth strategy that aims to transform the Union into a fair and prosperous society, with a modern, resource-efficient technology neutral and competitive economy based on research and innovation as well as green jobs, where economic growth is decoupled from resource use. It also aims to protect, conserve and enhance the Union's natural capital, and protect the health and well- being of citizens in all regions from environment-related risks and impacts. At the same time, this transition affects women and men differently and has a particular impact on some disadvantaged groups, such as older people, persons with disabilities, people and families with lower incomes and persons with a minority racial or ethnic background. The transition also challenges regions in different ways. It must therefore be ensured that thesuch transition is just and inclusive, leaving no one behind. and that it takes into account the regions, industries and domestic sectors, which will face the greatest challenges, and that it leaves no one behind. Different starting points of Member States, regions, cities and their different capacity to respond should be taken into consideration in order to empower local and regional authorities and provide them with adequate funds and administrative capacity to reach climate neutrality through an inclusive approach that respects the principles set out in the “Green Deal Going Local” initiative of the Committee of the Regions. _________________ 31 Commission Communication - The European Green Deal, COM(2019) 640 final of 11 December 2019.
Amendment 2 #
2021/0200(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) In Regulation (EU) 2021/1119 of the European Parliament and of the Council32 ( ‘European Climate Law’), the Union has enshrined into legislation the target of economy-wide climate neutrality by 2050, while ensuring that the competitiveness and technological neutrality of the Union economy is maintained. That Regulation also establishes a binding Union domestic reduction commitment of net greenhouse gas emissions (emissions after deduction of removals) of at least 55% below 1990 levels by 2030, taking into account the different starting positions in Member States and regions as well as the principle that no one should be left behind in transition. That Regulation also lays down an obligation on the Commission to make a legislative proposal, as appropriate, to introduce a further intermediary target for 2040, to ensure a swift and irreversible reduction of greenhouse gas emissions over time so as to reach the Union climate-neutrality objective by 2050 at the latest and negative emissions thereafter. _________________ 32 Regulation (EU) 2021/1119 of the European Parliament and of the Council of 30 June 2021 establishing the framework for achieving climate neutrality and amending Regulations (EC) No 401/2009 and (EU) 2018/1999 (‘European Climate Law’) (OJ L 243, 9.7.2021, p. 1).
Amendment 3 #
2021/0200(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) In order to implement those commitments as well as the Union’s contributions under the Paris Agreement33 adopted under the UNFCCC, the Union regulatory framework to achieve the greenhouse gas emission reduction target should be adapted as well as the development strategies at national, regional and local level, taking into account the importance of the domestic energy efficiency, self-sufficiency and independence, as well as the social consequences of the transition. For this, it is important to involve private and public actors at regional and local level in order to ensure the effectiveness and acceptability of the necessary measures. Locally-produced sustainable energy, as well as energy efficiency that create positive effects on the regional economy should be taken into account. _________________ 33 Paris Agreement (OJ L 282, 19.10.2016, p. 4).
Amendment 4 #
2021/0200(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) Regulation (EU) 2018/842 lays down obligations on Member States with respect to their minimum contributions for the period from 2021 to 2030 to fulfilling the Union’s current target of reducing its greenhouse gas emissions by 30 % below 2005 levels in 2030 in the sectors covered by Article 2 of that Regulation. It also lays down rules on determining annual emission allocations and for the evaluation of Member States’ progress towards meeting their minimum contributions. For that purpose, an appropriate flexibility should be provided to Member States in the choice of means and methods of achieving that objective. The programming of the Cohesion Policy Funds should consider the updated development strategies aimed at boosting the capacities of the Member States in greenhouse gas emission reduction and thus at contributing to a better convergence in their targets already in this programming period.
Amendment 5 #
2021/0200(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) While emissions trading will also apply to greenhouse gas emissions from road and maritime transport as well as buildings, the scope of Regulation (EU) 2018/842 will be maintained. Regulation (EU) 2018/842 will therefore continue applying to the greenhouse gas emissions from domestic navigation, but not to those from international navigation. Greenhouse gas emissions of a Member State within the scope of Regulation (EU) 2018/842 to be taken into account for compliance checks will continue to be determined upon completion of inventory reviews in accordance with Regulation (EU) 2018/1999 of the European Parliament and the Council34 corroborated with available data at Union and international level, whereby it is imperative that the latest available data at national, Union and international level are taken into account for the compliance check, providing a realistic picture of the situation. _________________ 34 Regulation (EU) 2018/1999 of the European Parliament and of the Council of 11 December 2018 on the Governance of the Energy Union and Climate Action, amending Regulations (EC) No 663/2009 and (EC) No 715/2009 of the European Parliament and of the Council, Directives 94/22/EC, 98/70/EC, 2009/31/EC, 2009/73/EC, 2010/31/EU, 2012/27/EU and 2013/30/EU of the European Parliament and of the Council, Council Directives 2009/119/EC and (EU) 2015/652 and repealing Regulation (EU) No 525/2013 of the European Parliament and of the Council (OJ L 328, 21.12.2018, p. 1).
Amendment 6 #
2021/0200(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) In its Communication of 17 September 202035 the Commission indicated that the increased 2030 overall target can only be achieved with the contribution of all sectors. However, the social aspect of the transition needs to be taken into account, ensuring that green jobs are maintained or created, including through research and innovation, and that the achievement of overall targets does not lead to energy poverty, in which the economically weakest are the most affected. _________________ 35 COM/2020/562 final.
Amendment 7 #
2021/0200(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) In its conclusions of 11 December 2020 the European Council mentioned that the 2030 target will be delivered collectively by the Union in the most cost- effective manner possible, that all Member States will participate in this effort, taking into account considerations of fairness and solidarity, while leaving no one behind, and that the new 2030 target needs to be achieved in a way that preserves the Union’s economic competitiveness, including industry and agriculture, and takes account of Member States’ different starting points and specific national circumstances and, geographical characteristics and natural conditions as well as emission reduction potential, including those of island Member States and island, islands and remote regions, as well as efforts made.
Amendment 8 #
2021/0200(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) In order to achieve the target of reducing greenhouse gas emissions by 55%, the sectors covered by Regulation (EU) 2018/842 will need to reduce their emissions progressively until they reach- at least -40% in 2030, compared to 2005 levels. At the same time, it is important to maintain industrial competitiveness through the implementation of innovative and climate-neutral technologies.
Amendment 9 #
2021/0200(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) For that purpose, the greenhouse gas emission reduction target for 2030 needs to be revised for each Member State, taking due account of the social aspect and the social impact that could result from the consequences of the emission reduction measures. The revision of the greenhouse gas emission reduction target should use the same methodology that was followed when Regulation (EU) 2018/842 was first adopted, where the national contributions were determined in consideration of the different capacities and cost-efficiency opportunities in Member States so to ensure a fair and balanced distribution of the effort and to ensure social cohesion and development within each country as well as at Union level. The reduction of the maximum greenhouse gas emissions for each Member State in 2030 should thus be determined in relation to the level of its 2005 reviewed greenhouse gas emissions covered by this Regulation, excluding verified greenhouse gas emissions from installations that operated in 2005 and which were only included in the emission trading system of the Union after 2005.
Amendment 10 #
2021/0200(COD)
Proposal for a regulation
Recital 11 a (new)
Recital 11 a (new)
(11 a) The development strategies at national, regional and local level need to be adapted as well in order to achieve the targets set out in the European Green Deal and in the Paris Agreement to include clear and measurable objectives, taking into account the specificities of the regions and the development needs and aiming to reduce greenhouse gas emissions in all regions in order not only to contribute to the achievement of the targets but also to increase the quality of the environment all over the Union.
Amendment 11 #
2021/0200(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) As a consequence, it will be necessary to set, as from the year of adoption of this Regulation, new binding national limits, expressed in annual emission allocations, progressively and with flexibility for Member States about how to reach this limit, leading to the 2030 target of each Member State, while keeping in force the annual limits established for the years preceding it as set in Commission Implementing Decision (EU) 2020/212636 . _________________ 36 Commission Implementing Decision (EU) 2020/2126 of 16 December 2020 on setting out the annual emission allocations of the Member States for the period from 2021 to 2030 pursuant to Regulation (EU) 2018/842 of the European Parliament and of the Council (OJ L 426, 17.12.2018, p. 58).
Amendment 12 #
2021/0200(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) The COVID-19 pandemic has impacted the Union’s economy and its level of emissions to a degree that cannot yet be fully quantified. On the other hand, the Union is deploying its largest stimulus package ever, also having a potential impact on the level of emissions. Due to those uncertainties, it ismight be appropriate to review the emissions data in 2025 and, if necessary, readjust the annual emission allocations in a way that is realistic and socially responsible, taking into account the most recent data. This should not endanger the Union’s climate-neutrality objective by 2050.
Amendment 13 #
2021/0200(COD)
Proposal for a regulation
Recital 13 a (new)
Recital 13 a (new)
(13 a) If an adjustment is needed, Member States should adapt their development strategies at all levels accordingly, taking into account the specificities and the development needs of every region and also adapt the programming of the European Structural and Investment Funds. The Commission should assess the objectives related to the reduction of the greenhouse gas emissions and ensure technical assistance in setting measurable objectives, revising the development strategies and establishing the optimal path to achieve those objectives where needed, especially for the regions with intensive polluting industries, in order to ensure the targets are achieved by each Member State.
Amendment 14 #
2021/0200(COD)
Proposal for a regulation
Recital 14
Recital 14
(14) It is thereforn so far as the data of Member States deviate significantly from the limit defined by a linear trajectory, it might be appropriate to update in 2025 the annual emission allocations for the years 2026 to 2030. This should be based on a comprehensive review of the national inventory data corroborated with the available data at the Union and international level carried out by the Commission in order to determine the average of the greenhouse gas emissions of each Member State during the years 2021, 2022 and 2023.
Amendment 15 #
2021/0200(COD)
Proposal for a regulation
Recital 18
Recital 18
(18) The setting of more ambitious, but realistic, targets under Regulation (EU) 2018/841 will decrease the capacity of Member States to generate net removals that can be used for compliance under Regulation (EU) 2018/842. In addition, the split of the use of the LULUCF flexibility into two separate time periods, will further limit the availability of net removals for the purpose of compliance with Regulation (EU) 2018/842. As a result, some Member States may face challenges in meeting their targets under Regulation (EU) 2018/842, while some Member States, the same or other, may generate net removals that cannot be used for compliance with Regulation (EU) 2018/842. As long as the Union objectives as set out in Article 3 of Regulation (EU) 2021/1119 are met, in particular with regard to the maximum limit of the contribution of net removals, it is appropriate to create a new voluntary mechanism, in the form of an additional reserve, that will help adhering Member States to comply with their obligations.
Amendment 16 #
2021/0200(COD)
Proposal for a regulation
Recital 18 a (new)
Recital 18 a (new)
(18 a) Keeping the 1,5 °C target of the Paris Agreement within reach requires a collective effort of all sectors of the economy, including from agriculture, as outlined in the long-term strategic vision of the Commission for a prosperous, modern, competitive and climate-neutral economy1a. Member States are required to develop long-term strategies in order to fulfil their commitments to the Paris Agreement objectives and the achievement of long-term greenhouse gas emission reductions and enhancements of removals by sinks in all sectors in line with the Union's climate neutrality objective. Those strategies, as well as other Member State plans and reports under Regulation (EU) 2018/1999, should be used by the Commission to set and monitor the collective achievement of EU- level Effort Sharing Regulation sector targets.
Amendment 17 #
2021/0200(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Regulation (EU) 2018/842
Article 1
Article 1
(1) In Article 1, “30%” is replaced by “at least 40%”;
Amendment 18 #
2021/0200(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Regulation (EU) 2018/842
Article 4 – paragraph 2 – point b
Article 4 – paragraph 2 – point b
(b) do not exceed, in the years 2023, 2024 and 2025 to 2030, the limit defined by a linear trajectory starting in 2022 at the annual emission allocation for that Member State, as set out pursuant to paragraph 3 of this Article for that year, and ending in 2030 at the limit set for that Member State in column 2 of Annex I to this Regulation;
Amendment 19 #
2021/0200(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) In order to implement those commitments as well as the Union’s contributions under the Paris Agreement33 adopted under the UNFCCC, the Union regulatory framework to achieve the greenhouse gas emission reduction target should be adapted as well as the development strategies at national, regional and local level taking into account the importance of the domestic energy efficiency and independence. Energy efficiency should be considered at the level of the energy system and in terms of reducing greenhouse gas emissions, and not through detailed sector-specific regulations. The different circumstances in the Member States, cost-effectiveness, emissions trading and the work already done in the Member States need to be better taken into account. In energy and climate work, it is important to involve private and public actors at regional and local level in the Member States in order to ensure the effectiveness and acceptability of local measures. This should be done through national plans and strategies. Local energy solutions should be considered as part of energy efficiency from the point of view of economic, social and ecological sustainability. Fossil energy sources should be replaced where possible by locally produced sustainable energy sources that create positive effects on the regional economy. _________________ 33 Paris Agreement (OJ L 282, 19.10.2016, p. 4).
Amendment 19 #
2021/0200(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Regulation (EU) 2018/842
Article 4 – paragraph 2 – point c
Article 4 – paragraph 2 – point c
Amendment 20 #
2021/0200(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Regulation (EU) 2018/842
Article 4 – paragraph 3 – subparagraph 2
Article 4 – paragraph 3 – subparagraph 2
For the years 2021 and 2022, it shall determine the annual emission allocations based on a comprehensive review of the most recent national inventory data for the years 2005 and 2016 to 2018 submitted by the Member States pursuant to Article 7 of Regulation (EU) No 525/2013 corroborated with available data at the Union and international level and indicate the corresponding value for the 2005 greenhouse gas emissions of each Member State used to determine those annual emission allocations.
Amendment 21 #
2021/0200(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Regulation (EU) 2018/842
Article 4 – paragraph 3 – subparagraph 3
Article 4 – paragraph 3 – subparagraph 3
For the years 2023, 2024 and 2025 to 2030, it shall determine the annual emission allocations based on the value for the 2005 greenhouse gas emissions of each Member State indicated pursuant to the second subparagraph corroborated with available data at the Union and international level and the reviewed values of the national inventory data for the years 2016, 2017 and 2018 referred to in the second subparagraph.
Amendment 22 #
2021/0200(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Regulation (EU) 2018/842
Article 4 – paragraph 3 – subparagraph 4
Article 4 – paragraph 3 – subparagraph 4
Amendment 23 #
2021/0200(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Regulation (EU) 2018/842
Article 4 – paragraph 3 a (new)
Article 4 – paragraph 3 a (new)
3 a. Where a Member State has exceeded the annual emission allocations for three years, the Commission shall provide technical assistance in setting the objectives and measurable targets for the reduction of greenhouse gas emissions, adapting the development strategies and establishing paths to achieve those objectives in particular for the regions with intensive-polluting industries and domestic sectors, and ensuring that the transition is just and inclusive, reduces the energy poverty and leaves no one behind.
Amendment 24 #
2021/0200(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point a
Article 1 – paragraph 1 – point 5 – point a
Regulation (EU) 2018/842
Article 8 – paragraph 3
Article 8 – paragraph 3
(5a) In Article 8, paragraph 3 is replaced by the following: 3. The Commission shall issue an opinion, accessible to the public, regarding the robustness of the corrective action plans submitted in accordance with paragraph 1 and shall in that case do so within four months of receipt of those plans. The Member State concerned shall take utmost account of the Commission’s opinion and shall revise its corrective action plan accordingly. The Member State concerned shall provide reasons where it does not address a recommendation or a substantial part thereof and shall make them public.
Amendment 25 #
2021/0200(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Regulation (EU) 2018/842
Article 9 – paragraph 2 a (new)
Article 9 – paragraph 2 a (new)
2 a. If a Member State exceeds its annual emissions allowance in two consecutive years it shall undertake a review of its National Energy and Climate Plan and national Long-Term Strategy. This review shall be completed within 12 months. The Member State shall notify the revised plan to the Commission together with a statement setting out how the proposed revisions will remedy non- compliance with the national annual emission allowances. If the national energy and climate plan or national long- term strategy remains substantially unaltered, the Member State shall publish an explanation setting out its reasoning.
Amendment 52 #
2021/0200(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Regulation (EU) 2018/842
Article 4 – paragraph 2 – point b
Article 4 – paragraph 2 – point b
(b) do not exceed, in the years 2023, 2024 and 2025 to2030, the limit defined by a linear trajectory starting in 2022 at the annual emission allocation for that Member State, as set out pursuant to paragraph 3 of this Article for that year, and ending in 2030 at the limit set for that Member State in column 2 of Annex I to this Regulation;
Amendment 53 #
2021/0200(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Regulation (EU) 2018/842
Article 4 – paragraph 2 – point c
Article 4 – paragraph 2 – point c
Amendment 55 #
2021/0200(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Regulation (EU) 2018/842
Article 4 – paragraph 3 – subparagraph 3
Article 4 – paragraph 3 – subparagraph 3
For the years 2023, 2024 and 2025 to 2030, it shall determine the annual emission allocations based on the value for the 2005 greenhouse gas emissions of each Member State indicated pursuant to the second subparagraph and the reviewed values of the national inventory data for the years 2016, 2017 and 2018 referred to in the second subparagraph.
Amendment 56 #
2021/0200(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Regulation (EU) 2018/842
Article 4 – paragraph 3 – subparagraph 4
Article 4 – paragraph 3 – subparagraph 4
Amendment 204 #
2021/0170(COD)
Proposal for a regulation
Recital 24 a (new)
Recital 24 a (new)
(24 a) It is important to ensure that the contact information of all economic operators intervening in the supply and distribution chain is easily accessible to consumers and market surveillance authorities and that products are accompanied with the relevant documentation. This Regulation should allow for the possibility to provide relevant information on the product in a paper or in a digital form, depending of the choice of the consumer, by means of electronic solutions, such as a QR or data matrix code, which could ensure that this information is available and accessible over time.
Amendment 395 #
2021/0170(COD)
Proposal for a regulation
Article 8 – paragraph 2 – introductory part
Article 8 – paragraph 2 – introductory part
2. Manufacturers shall inform the market surveillance authorities about and investigate the complaints received that concern products they made available on the market, and which have been identified as dangerous by the complainant, and shall keep a register of these complaints as well as of product recalls.
Amendment 401 #
2021/0170(COD)
Proposal for a regulation
Article 8 – paragraph 2 – subparagraph 1
Article 8 – paragraph 2 – subparagraph 1
Manufacturers shall make publicly available to consumers, communication channels such as telephone number, electronic address or dedicated section of their website, allowing the consumers and consumer associations to file complaints and to inform them of any accident or safety issue they have experienced with the product.
Amendment 406 #
2021/0170(COD)
Proposal for a regulation
Article 8 – paragraph 2 – subparagraph 2
Article 8 – paragraph 2 – subparagraph 2
Personal data stored in the register of complaints shall only be those personal data that are necessary for the manufacturer to investigate the complaint about an alleged dangerous product. Such data shall only be kept as long as it is necessary for the purpose of investigation and no longer than, for a period of maximum five years after they have been encoded, or until the final court decision if the complaint is subject to a court case.
Amendment 411 #
2021/0170(COD)
Proposal for a regulation
Article 8 – paragraph 3
Article 8 – paragraph 3
Amendment 425 #
2021/0170(COD)
Proposal for a regulation
Article 8 – paragraph 5
Article 8 – paragraph 5
5. Manufacturers shall keep the technical documentation, for a period of tenmaximum five years after the product has been placed on the market, but no longer than a period equal with the life expectancy of the product and make it available to the market surveillance authorities, upon request.
Amendment 453 #
2021/0170(COD)
Proposal for a regulation
Article 8 – paragraph 11 a (new)
Article 8 – paragraph 11 a (new)
11 a. Manufacturers shall keep the market surveillance authorities, distributors, importers and, where applicable, responsible persons and online marketplaces in the supply chain concerned informed of any safety issue that they have identified.
Amendment 479 #
2021/0170(COD)
Proposal for a regulation
Article 10 – paragraph 6 – introductory part
Article 10 – paragraph 6 – introductory part
Amendment 482 #
2021/0170(COD)
Proposal for a regulation
Article 10 – paragraph 6 – subparagraph 1
Article 10 – paragraph 6 – subparagraph 1
Importers shall ensure that the communication channels referred to in Article 8(2), second subparagraph, are available to consumers, market surveillance authorities and consumer associations allowing them to present complaints and communicate any accident or safety issue they have experienced with the product. If such channels are not available the importer shall provide for them.
Amendment 483 #
2021/0170(COD)
Proposal for a regulation
Article 10 – paragraph 6 – subparagraph 2 a (new)
Article 10 – paragraph 6 – subparagraph 2 a (new)
Importers shall investigate complaints and information on accidents related to products they made available on the market, which have been identified as dangerous by the complainant, and file those complaints, as well as products recalls, in the register referred to in Article 8(11b), second subparagraph, or in their own register. Importers shall keep the market surveillance authorities, the manufacturer, distributors and, where applicable, online marketplaces, informed of the investigation performed and of the results of the investigation.
Amendment 696 #
2021/0170(COD)
Proposal for a regulation
Article 28 – paragraph 5 a (new)
Article 28 – paragraph 5 a (new)
5 a. The Commission, as part of the Consumer Safety Network, shall coordinate the creation, implementation and maintenance of an injury and accidents statistical database for harmonized and non-harmonized products at the European Union level. This database shall have statistical analysis purposes and shall be used by all market surveillance authorities in the Union and opened to all the stakeholders for research and analysis with the aim of improving the safety of the products.
Amendment 699 #
2021/0170(COD)
Proposal for a regulation
Article 29 – paragraph 1 a (new)
Article 29 – paragraph 1 a (new)
1 a. The Member States through market surveillance authorities shall cooperate with the relevant authorities for the proper introduction of relevant information in the injury and accidents statistical database, shall ensure the interoperability of the national databases with the pan-European database. The Commission shall adopt an implementing act to detail the information to be entered in the system and the modalities of functioning of the database. The Commission shall also draw up guidelines for the practical implementation of the database.
Amendment 718 #
2021/0170(COD)
Proposal for a regulation
Article 32 – paragraph 2
Article 32 – paragraph 2
2. Consumers shall have the possibility to inform the Commission, directly or thorough the market surveillance authorities, of products presenting a risk to consumer health and safety through a separate section of the Safety Gate portal. The Commission shall take in due consideration the information received and ensure follow up, where appropriate.
Amendment 109 #
2021/0114(COD)
Proposal for a regulation
Article 6 – paragraph 6
Article 6 – paragraph 6
(6) Where the undertaking concerned proposes to repay the foreign subsidy including an appropriate interest rate, the Commission shall accept such repayment as commitment if it can ascertain that the repayment is transparent and effective, while taking into account the risk of circumvention. The Commission shall only accept the repayment on the condition that the repayment will fully remedy the distortion caused to the internal market, but never more than the cost of the distortion.
Amendment 113 #
2021/0114(COD)
Proposal for a regulation
Article 6 – paragraph 6 a (new)
Article 6 – paragraph 6 a (new)
(6a) The Commission shall always consider any voluntary commitments offered by the undertaking in question with reference to Article 6 (point 3, 5 and 6), before gradually imposing structural remedies.
Amendment 117 #
2021/0114(COD)
Proposal for a regulation
Article 12 – paragraph 1 a (new)
Article 12 – paragraph 1 a (new)
(1a) A court order authorising the Commission, and other involved officials, shall be issued before an inspection can be carried out at the premise of the undertaking concerned within the Union.
Amendment 55 #
2021/0106(COD)
Proposal for a regulation
Recital 1
Recital 1
(1) The purpose of this Regulation is to improve the functioning of the internal market by laying down a uniform legal framework in particular for the development, marketing and use of artificial intelligence in conformity with Union values without hindering the innovation and the evolution of Artificial Intelligence and the beneficial contributions it can bring to the society. This Regulation pursues a number of overriding reasons of public interest, such as a high level of protection of health, safety and fundamental rights, and it ensures the free movement of AI- based goods and services cross-border, thus preventing Member States from imposing restrictions on the development, marketing and use of AI systems, unless explicitly authorised by this Regulation.
Amendment 60 #
2021/0106(COD)
Proposal for a regulation
Recital 2
Recital 2
(2) Artificial intelligence systems (AI systems) can be easily deployed in multiple sectors of the economy and society, including cross border, and circulate throughout the Union. Certain Member States have already explored the adoption of national rules to ensure that aArtificial iIntelligence is safe and is developed and used in compliance with fundamental rights obligations. Differing national rules may lead to fragmentation of the internal market and decrease legal certainty for operators that develop or use AI systems. A consistent and high level of protection throughout the Union should therefore be ensured, while divergences hampering the free circulation, innovation and development of AI systems and related products and services within the internal market should be prevented, by laying down uniform obligations for operators and guaranteeing the uniform protection of overriding reasons of public interest and of rights of persons throughout the internal market based on Article 114 of the Treaty on the Functioning of the European Union (TFEU). To the extent that this Regulation contains specific rules on the protection of individuals with regard to the processing of personal data concerning restrictions of the use of AI systems for ‘real-time’ remote biometric identification in publicly accessible spaces for the purpose of law enforcement, it is appropriate to base this Regulation, in as far as those specific rules are concerned, on Article 16 of the TFEU. In light of those specific rules and the recourse to Article 16 TFEU, it is appropriate to consult the European Data Protection Board.
Amendment 63 #
2021/0106(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) Artificial intelligence is a fast evolving family of technologies that can and already contribute to a wide array of economic and societal benefits across the entire spectrum of industries and social activities. By improving prediction, optimising operations and resource allocation, and personalising digital solutions available for individuals and organisations, the use of artificial intelligence can provide key competitive advantages to companies and support socially and environmentally beneficial outcomes, for example in healthcare, farming, education and training, media and culture, infrastructure management, energy, transport and logistics, public services, security, justice, resource and energy efficiency, and climate change mitigation and adaptation.
Amendment 78 #
2021/0106(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) For the purposes of this Regulation the notion of publicly accessible space should be understood as referring to any physical place that is accessible to the public, irrespective of whether the place in question is privately or publicly owned. Therefore, the notion does not cover places that are private in nature and normally not freely accessible for third parties, including law enforcement authorities, unless those parties have been specifically invited or authorised, such as homes, private clubs, offices, warehouses, and factories. Online space and other private spaces. Online spaces whether publicly accessible or not, either for free or for various fees and conditions are not covered either, as they are not physical spaces. However, the mere fact that certain conditions for accessing a particular space may apply, such as admission tickets or age restrictions, does not mean that the space is not publicly accessible within the meaning of this Regulation. Consequently, in addition to public spaces such as streets, relevant parts of government buildings and most transport infrastructure, spaces such as cinemas, theatres, shops and shopping centres are normally also publicly accessible. Whether a given space is accessible to the public should however be determined on a case-by-case basis, having regard to the specificities of the individual situation at hand. If certain online spaces conduct illegal activities defined as such by international and European Union legislation they will be subject to the specific legislation in place.
Amendment 92 #
2021/0106(COD)
Proposal for a regulation
Recital 17
Recital 17
(17) AI systems providing social scoring of natural persons for general purpose by public authorities, educational institutions or on their behalf may lead to discriminatory outcomes and the exclusion of certain groups. They may violate the right to dignity and non- discrimination and the values of equality and justice. Such AI systems evaluate or classify the trustworthiness of natural persons based on their social behaviour in multiple contexts or known or predicted personal or personality characteristics. The social score obtained from such AI systems may lead to the detrimental or unfavourable treatment of natural persons or whole groups thereof in social and educational contexts, which are unrelated to the context in which the data was originally generated or collected or to a detrimental treatment that is disproportionate or unjustified to the gravity of their social behaviour. Such AI systems used directly or indirectly by public authorities an educational institutions for general purpose should be therefore prohibited.
Amendment 108 #
2021/0106(COD)
Proposal for a regulation
Recital 33
Recital 33
(33) Technical inaccuracies of AI systems intended for the remote biometric identification of natural persons can lead to biased results and entail discriminatory effects. This is particularly relevant when it comes to age, ethnicity, sex or disabilities. Therefore, ‘ real-time’ and ‘post’ remote biometric identification systems should be classified as high-risk. In view of the risks that they pose, both types of remote biometric identification systems should be subject to specific requirements on logging capabilities and human oversight. The high risk of non-remote biometric identification systems intended to be used in publicly accessible spaces, workplaces and education and training institutions should be determined on a case-by-case basis considering the need for and logging-in capabilities and other elements that might interfere with the human rights.
Amendment 112 #
2021/0106(COD)
Proposal for a regulation
Recital 35
Recital 35
(35) AI systems used on a compulsory bases by education and training institutions in education, or vocational training, notably for determining access or assigning persons to educational and vocational training institutions or to evaluate persons on tests as part of or as a precondition for their education or for determining the areas of study a student should follow should be considered high- risk, since they may determine the educational and professional course of a person’s life and therefore affect their ability to secure their livelihood. When improperly designed and used, such systems may violate the right to education and training as well as the right not to be discriminated against and perpetuate historical patterns of discrimination. However, these systems should be developed and used with the purpose of improving education and vocational training with full respect of the GDPR and other applicable laws. AI systems used to monitor students during tests at education and training institutions should not be considered high-risk, if they use un internal system or database and are fully aligned with the data protection.
Amendment 141 #
2021/0106(COD)
Proposal for a regulation
Recital 86 a (new)
Recital 86 a (new)
(86 a) Given the rapid technological developments and the required technical expertise in conducting the assessment of high-risk AI systems, the delegation of powers and the implementing powers of the Commission should be exercised with as much flexibility as possible. The Commission should regularly review Annex III , while consulting with the relevant stakeholders.
Amendment 156 #
2021/0106(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 4
Article 3 – paragraph 1 – point 4
(4) ‘user’ means any natural or legal person, public authority, educational and training institution, agency or other body using an AI system under its authority, except where the AI system is used in the course of a personal non- professional activity;
Amendment 158 #
2021/0106(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 35
Article 3 – paragraph 1 – point 35
(35) ‘biometric categorisation system’ means an AI system for the purpose of assigning natural persons to specific categories, such as sex, age, hair colour, eye colour, tattoos, ethnic origin, or sexual or political orientation, and others on the basis of their biometric data;
Amendment 162 #
2021/0106(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 44 a (new)
Article 3 – paragraph 1 – point 44 a (new)
(44 a) 45 new ‘education and training institutions’ means providers where people of different ages gain education and training, including preschools, childcare, primary schools, secondary schools, tertiary education providers, vocational education and training and any type of lifelong learning providers authorized by national education authorities, excluding the NGOs and other economic operators providing vocational training and lifelong learning limited to the sector of their main activity.
Amendment 170 #
2021/0106(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point a
Article 5 – paragraph 1 – point a
(a) the placing on the market, putting into service or use of an AI system that deploys subliminpsychological techniques beyond a person’s consciousness in orderwith the purpose, the effect or likely effect of to materially distorting a person’s behaviour in a manner that causes or is likely to cause that person or another person physical or psychological harm;
Amendment 173 #
2021/0106(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point b
Article 5 – paragraph 1 – point b
(b) the placing on the market, putting into service or use of an AI system that exploits any of the vulnerabilities of a person or a specific group of persons due to their known or predicted personality or social or economic situation or due to their age, physical or mental disabilcapacity, in order to materially distort the behaviour of a person pertaining to that group in a manner that causes or is likely to cause that person or another person physical or psychological harm;
Amendment 180 #
2021/0106(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point c – introductory part
Article 5 – paragraph 1 – point c – introductory part
(c) the placing on the market, putting into service or use of AI systems by public authorities, educational institutions or on their behalf for the evaluation or classification of the trustworthiness of natural persons over a certain period of time based on their social and emotional behaviour or known or predicted personal or personality characteristics, with the social score leading to either or bothall of the following:
Amendment 183 #
2021/0106(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point c – point ii a (new)
Article 5 – paragraph 1 – point c – point ii a (new)
(ii a) (iii) mandatory determining the areas of study a student should follow;
Amendment 311 #
2021/0106(COD)
Proposal for a regulation
Citation 5 a (new)
Citation 5 a (new)
Having regard to the opinion of the European Central Bank,
Amendment 348 #
2021/0106(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) A Union legal framework laying down harmonised rules on artificial intelligence is therefore needed to foster the development, use and uptake of artificial intelligence in the internal market that at the same time meets a high level of protection of public interests, such as health and safety and the protection of fundamental rights, as recognised and protected by Union law. To achieve that objective, rules regulating the placing on the market and putting into service of certain AI systems should be laid down, thus ensuring the smooth functioning of the internal market and allowing those systems to benefit from the principle of free movement of goods and services. By laying down those rules as well as measures in support of innovation with a particular focus on SMEs and start-ups, this Regulation supports the objective of the Union of being a global leader in the development of secure, trustworthy and ethical artificial intelligence, as stated by the European Council33 , and it ensures the protection of ethical principles, as specifically requested by the European Parliament34 . _________________ 33 European Council, Special meeting of the European Council (1 and 2 October 2020) – Conclusions, EUCO 13/20, 2020, p. 6. 34 European Parliament resolution of 20 October 2020 with recommendations to the Commission on a framework of ethical aspects of artificial intelligence, robotics and related technologies, 2020/2012(INL).
Amendment 358 #
2021/0106(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) The notion of AI system should be clearly defined to ensure legal certainty, while providing the flexibility to accommodate future technological developments. Therefore, the term AI system should be defined in line with internationally accepted definitions. The definition should be based on the key functional characteristics of the softwareAI systems, in particular the ability, for a given set of human-defined objectives, to generate outputs such as content, predictions, recommendations, or decisions which influence the environment with which the system interacts, be it in air physical or digital dimensionenvironment. AI systems can be designed to operate with varying levels of autonomy and be used on a stand- alone basis or as a component of a product, irrespective of whether the system is physically integrated into the product (embedded) or serve the functionality of the product without being integrated therein (non-embedded). The definition of AI system should be complemented by a list of specific techniques and approaches used for its development, which should be kept up-to– date in the light of market and technological developments through the adoption of delegated acts by the Commission to amend that list. In order to ensure alignment of definitions on an international level, the European Commission should engage in a dialogue with international organisations such as the Organisation for Economic Cooperation and Development (OECD), should their definitions of the term ‘AI system’ be adjusted.
Amendment 374 #
2021/0106(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) The notion of remote biometric identification system as used in this Regulation should be defined functionally, as an AI system intended for the identification of natural persons at a distance through the comparison of a person’s biometric data with the biometric data contained in a reference database, and without prior knowledge whether the targeted person will be present and can be identified, irrespectively of the particular technology, processes or types of biometric data used. Considering their different characteristics and manners in which they are used, as well as the different risks involved, a distinction should be made between ‘real-time’ and ‘post’ remote biometric identification systems. In the case of ‘real-time’ systems, the capturing of the biometric data, the comparison and the identification occur all instantaneously, near-instantaneously or in any event without a significant delay. In this regard, there should be no scope for circumventing the rules of this Regulation on the ‘real- time’ use of the AI systems in question by providing for minor delays. ‘Real-time’ systems involve the use of ‘live’ or ‘near- ‘live’ material, such as video footage, generated by a camera or other device with similar functionality. In the case of ‘post’ systems, in contrast, the biometric data have already been captured and the comparison and identification occur only after a significant delay. This involves material, such as pictures or video footage generated by closed circuit television cameras or private devices, which has been generated before the use of the system in respect of the natural persons concerned. The notion of remote biometric identification system shall not include verification or authentification systems whose sole purpose is to confirm that a specific natural person is the person he or she claims to be, and systems that are used to confirm the identity of a natural person for the sole purpose of having access to a service, a device or premises.
Amendment 399 #
2021/0106(COD)
Proposal for a regulation
Recital 12 a (new)
Recital 12 a (new)
(12 a) This Regulation should not undermine research and development activity and should respect freedom of science. It is therefore necessary to exclude from its scope AI systems specifically developed and put into service for the sole purpose of scientific research and development and to ensure that the Regulation does not otherwise affect scientific research and development activity on AI systems. As regards product oriented research activity by providers, the provisions of this Regulation should apply insofar as such research leads to or entails placing of an AI system on the market or putting it into service. Under all circumstances, any research and development activity should be carried out in accordance with recognised ethical standards for scientific research.
Amendment 404 #
2021/0106(COD)
Proposal for a regulation
Recital 12 b (new)
Recital 12 b (new)
(12 b) Given the complexity of the value chain for AI systems, it is essential to clarify the role of persons who may contribute to the development of AI systems covered by this Regulation, without being providers and thus being obliged to comply with the obligations and requirements established herein. It is necessary to clarify that general purpose AI systems - understood as AI systems that are able to perform generally applicable functions such as image/speech recognition, audio/video generation, pattern detection, question answering, translation etc. - should not be considered as having an intended purpose within the meaning of this Regulation, unless those systems have been adapted to a specific intended purpose that falls within the scope of this Regulation. Initial providers of general purpose AI systems should therefore only have to comply with the provisions on accuracy, robustness and cybersecurity as laid down in Art. 15 of this Regulation. If a person adapts a general purpose AI application to a specific intended purpose and places it on the market or puts it into service, it shall be considered the provider and be subject to the obligations laid down in this Regulation. The initial provider of a general purpose AI application shall, after placing it on the market or putting it to service, and without compromising its own intellectual property rights or trade secrets, provide the new provider with all essential, relevant and reasonably expected information that is necessary to comply with the obligations set out in this Regulation.
Amendment 430 #
2021/0106(COD)
Proposal for a regulation
Recital 16
Recital 16
(16) The placing on the market, putting into service or use of certain AI systems intended towith the objective to or the effect of distorting human behaviour, whereby physical or psychological harms are reasonably likely to occur, should be forbidden. Such AI systems deploy subliminal components individuals cannot perceive or exploit vulnerabilities of children and people due to their age, physical or mental incapacitiesspecific groups of persons due to their age, disabilities, social or economic situation. They do so with the intention to materially distort the behaviour of a person and in a manner that causes or is likely to cause harm to that or another person. The intention may not be presumed if the distortion of human behaviour results from factors external to the AI system which are outside of the control of the provider or the user. Research for legitimate purposes in relation to such AI systems should not be stifled by the prohibition, if such research does not amount to use of the AI system in human- machine relations that exposes natural persons to harm and such research is carried out in accordance with recognised ethical standards for scientific research.
Amendment 443 #
2021/0106(COD)
Proposal for a regulation
Recital 17 a (new)
Recital 17 a (new)
(17 a) AI systems used by law enforcement authorities or on their behalf to predict the probability of a natural person to offend or to reoffend, based on profiling and individual risk-assessment hold a particular risk of discrimination against certain persons or groups of persons, as they violate human dignity as well as the key legal principle of presumption of innocence. Such AI systems should therefore be prohibited.
Amendment 450 #
2021/0106(COD)
Proposal for a regulation
Recital 18
Recital 18
(18) The use of AI systems for ‘real- time’ remote biometric identification of natural persons in publicly accessible spaces for the purpose of law enforcement is considered particularly intrusive in the rights and freedoms of the concerned persons, to the extent that it may affect the private life of a large part of the population, evoke a feeling of constant surveillance and indirectly dissuade the exercise of the freedom of assembly and other fundamental rights. In addition, the immediacy of the impact and the limited opportunities for further checks or corrections in relation to the use of such systems operating in ‘real-time’ carry heightened risks for the rights and freedoms of the persons that are concerned by law enforcement activities. The use of those systems in publicly accessible places should therefore be prohibited.
Amendment 464 #
2021/0106(COD)
Proposal for a regulation
Recital 19
Recital 19
Amendment 477 #
2021/0106(COD)
Proposal for a regulation
Recital 20
Recital 20
Amendment 486 #
2021/0106(COD)
Proposal for a regulation
Recital 21
Recital 21
Amendment 494 #
2021/0106(COD)
Proposal for a regulation
Recital 22
Recital 22
Amendment 497 #
2021/0106(COD)
Proposal for a regulation
Recital 23
Recital 23
Amendment 511 #
2021/0106(COD)
Proposal for a regulation
Recital 24
Recital 24
(24) Any processing of biometric data and other personal data involved in the use of AI systems for biometric identification, other than in connection to the use of ‘real-time’ remote biometric identification systems in publicly accessible spaces for the purpose of law enforcement as regulated by this Regulation, including where those systems are used by competent authorities in publicly accessible spaces for other purposes than law enforcement, should continue to comply with all requirements resulting from Article 9(1) of Regulation (EU) 2016/679, Article 10(1) of Regulation (EU) 2018/1725 and Article 10 of Directive (EU) 2016/680, as applicable.
Amendment 515 #
2021/0106(COD)
Proposal for a regulation
Recital 24 a (new)
Recital 24 a (new)
Amendment 534 #
2021/0106(COD)
Proposal for a regulation
Recital 30
Recital 30
(30) As regards AI systems that are safety components of products, or which are themselves products, falling within the scope of certain Union harmonisation legislation, it is appropriate to classify them as high-risk under this Regulation if the product in question undergoes the conformity assessment procedure in order to ensure compliance with essential safety requirements with a third-party conformity assessment body pursuant to that relevant Union harmonisation legislation. In particular, such products are machinery, toys, lifts, equipment and protective systems intended for use in potentially explosive atmospheres, radio equipment, pressure equipment, recreational craft equipment, cableway installations, appliances burning gaseous fuels, medical devices, and in vitro diagnostic medical devices.
Amendment 546 #
2021/0106(COD)
Proposal for a regulation
Recital 33
Recital 33
(33) Technical inaccuracies of AI systems intended for the remote biometric identification of natural persons can lead to biased results and entail discriminatory effects. This is particularly relevant when it comes to age, ethnicity, sex or disabilities. Therefore, ‘real-time’ and ‘post’ remote biometric identification systems should be classified as high-risk, except for verification or authentification systems whose sole purpose is to confirm that a specific natural person is the person he or she claims to be, and systems that are used to confirm the identity of a natural person for the sole purpose of having access to a service, a device or premises. In view of the risks that they pose, both types of remote biometric identification systems should be subject to specific requirements on logging capabilities and human oversight.
Amendment 563 #
2021/0106(COD)
Proposal for a regulation
Recital 36
Recital 36
(36) AI systems used for making autonomous decisions or materially influencing decisions in employment, workers management and access to self- employment, notably for the recruitment and selection of persons, for making decisions on promotion and termination and for task allocation, monitoring or evaluation of persons in work-related contractual relationships, should also be classified as high-risk, since those systems may appreciably impact future career prospects and livelihoods of these persons. Relevant work-related contractual relationships should involve employees and persons providing services through platforms as referred to in the Commission Work Programme 2021. Such persons should in principle not be considered users within the meaning of this Regulation. Throughout the recruitment process and in the evaluation, promotion, or retention of persons in work-related contractual relationships, such systems may perpetuate historical patterns of discrimination, for example against women, certain age groups, persons with disabilities, or persons of certain racial or ethnic origins or sexual orientation. AI systems used to monitor the performance and behaviour of these persons may also impact their rights to data protection and privacy.
Amendment 576 #
2021/0106(COD)
Proposal for a regulation
Recital 37
Recital 37
(37) Another area in which the use of AI systems deserves special consideration is the access to and enjoyment of certain essential private and public services and benefits necessary for people to fully participate in society or to improve one’s standard of living. In particular, AI systems used to evaluate the credit score or creditworthiness of natural persons should be classified as high-risk AI systems, since they determine those persons’ access to financial resources or essential services such as housing, electricity, and telecommunication services. AI systems used for this purpose may lead to discrimination of persons or groups and perpetuate historical patterns of discrimination, for example based on racial or ethnic origins, disabilities, age, sexual orientation, or create new forms of discriminatory impacts. Considering the very limited scale of the impact and the available alternatives on the market, it is appropriate to exempt AI systems for the purpose of creditworthiness assessment and credit scoring when put into service by small-scale providerSMEs and start-ups for their own use. Natural persons applying for or receiving public assistance benefits and services from public authorities are typically dependent on those benefits and services and in a vulnerable position in relation to the responsible authorities. If AI systems are used for determining whether such benefits and services should be denied, reduced, revoked or reclaimed by authorities, they may have a significant impact on persons’ livelihood and may infringe their fundamental rights, such as the right to social protection, non- discrimination, human dignity or an effective remedy. Those systems should therefore be classified as high-risk. Nonetheless, this Regulation should not hamper the development and use of innovative approaches in the public administration, which would stand to benefit from a wider use of compliant and safe AI systems, provided that those systems do not entail a high risk to legal and natural persons. Finally, AI systems used to dispatch or establish priority in the dispatching of emergency first response services should also be classified as high- risk since they make decisions in very critical situations for the life and health of persons and their property.
Amendment 582 #
2021/0106(COD)
Proposal for a regulation
Recital 38
Recital 38
(38) Actions by law enforcement authorities involving certain uses of AI systems are characterised by a significant degree of power imbalance and may lead to surveillance, arrest or deprivation of a natural person’s liberty as well as other adverse impacts on fundamental rights guaranteed in the Charter. In particular, if the AI system is not trained with high quality data, does not meet adequate requirements in terms of its accuracy or robustness, or is not properly designed and tested before being put on the market or otherwise put into service, it may single out people in a discriminatory or otherwise incorrect or unjust manner. Furthermore, the exercise of important procedural fundamental rights, such as the right to an effective remedy and to a fair trial as well as the right of defence and the presumption of innocence, could be hampered, in particular, where such AI systems are not sufficiently transparent, explainable and documented. It is therefore appropriate to classify as high-risk a number of AI systems intended to be used in the law enforcement context where accuracy, reliability and transparency is particularly important to avoid adverse impacts, retain public trust and ensure accountability and effective redress. In view of the nature of the activities in question and the risks relating thereto, those high-risk AI systems should include in particular AI systems intended to be used by law enforcement authorities for individual risk assessments, polygraphs and similar tools or to detect the emotional state of natural person, to detect ‘deep fakes’, for the evaluation of the reliability of evidence in criminal proceedings, for predicting the occurrence or reoccurrence of an actual or potential criminal offence based on profiling of natural persons, or assessing personality traits and characteristics or past criminal behaviour of natural persons or groups, for profiling in the course of detection, investigation or prosecution of criminal offences, as well as for crime analytics regarding natural persons. AI systems specifically intended to be used for administrative proceedings by tax and customs authorities should not be considered high-risk AI systems used by law enforcement authorities for the purposes of prevention, detection, investigation and prosecution of criminal offences.
Amendment 599 #
2021/0106(COD)
Proposal for a regulation
Recital 40
Recital 40
(40) Certain AI systems intended for the administration of justice and democratic processes should be classified as high-risk, considering their potentially significant impact on democracy, rule of law, individual freedoms as well as the right to an effective remedy and to a fair trial. In particular, to address the risks of potential biases, errors and opacity, it is appropriate to qualify as high-risk AI systems intended to assist judicial authorities in researching and interpreting facts andor the law and infor applying the law to a concrete set of facts. Such qualification should not extend, however, to AI systems intended for purely ancillary administrative activities that do not affect the actual administration of justice in individual cases, such as anonymisation or pseudonymisation of judicial decisions, documents or data, communication between personnel, administrative tasks or allocation of resources.
Amendment 662 #
2021/0106(COD)
Proposal for a regulation
Recital 56
Recital 56
(56) To enable enforcement of this Regulation and create a level-playing field for operators, and taking into account the different forms of making available of digital products, it is important to ensure that, under all circumstances, a person established in the Union can provide authorities with all the necessary information on the compliance of an AI system. Therefore, prior to making their AI systems available in the Union, where an importer cannot be identified, providers established outside the Union shall, by written mandate, appoint an authorised representative established in the Union.
Amendment 674 #
2021/0106(COD)
Proposal for a regulation
Recital 61
Recital 61
(61) Standardisation should play a key role to provide technical solutions to providers to ensure compliance with this Regulation. Compliance with harmonised standards as defined in Regulation (EU) No 1025/2012 of the European Parliament and of the Council54 should be a means for providers to demonstrate conformity with the requirements of this Regulation. However, the Commission could adopt common technical specifications in areas where no harmonised standards exist or where they are insufficientand are not expected to be published within a reasonable period or where they are insufficient, only after consulting the Artificial Intelligence Board, the European standardisation organisations as well as the relevant stakeholders. The Commission should duly justify why it decided not to use harmonised standards. _________________ 54 Regulation (EU) No 1025/2012 of the European Parliament and of the Council of 25 October 2012 on European standardisation, amending Council Directives 89/686/EEC and 93/15/EEC and Directives 94/9/EC, 94/25/EC, 95/16/EC, 97/23/EC, 98/34/EC, 2004/22/EC, 2007/23/EC, 2009/23/EC and 2009/105/EC of the European Parliament and of the Council and repealing Council Decision 87/95/EEC and Decision No 1673/2006/EC of the European Parliament and of the Council (OJ L 316, 14.11.2012, p. 12).
Amendment 683 #
2021/0106(COD)
Proposal for a regulation
Recital 64
Recital 64
(64) Given the more extensive experience of professional pre-market certifiers in the field of product safety and the different nature of risks involved, it is appropriate to limit, at least in an initial phase of application of this Regulation, the scope of application of third-party conformity assessment for high-risk AI systems other than those related to products. Therefore, the conformity assessment of such systems should be carried out as a general rule by the provider under its own responsibility, with the only exception of AI systems intended to be used for the remote biometric identification of persons, for which and AI systems intended to be used to make inferences on the basis of biometric data that produce legal effects or affect the rights and freedoms of natural persons. For those types of AI systems the involvement of a notified body in the conformity assessment should be foreseen, to the extent they are not prohibited..
Amendment 713 #
2021/0106(COD)
Proposal for a regulation
Recital 70
Recital 70
(70) Certain AI systems intended to interact with natural persons or to generate content may pose specific risks of impersonation or deception irrespective of whether they qualify as high-risk or not. In certain circumstances, the use of these systems should therefore be subject to specific transparency obligations without prejudice to the requirements and obligations for high-risk AI systems. In particular, natural persons should be notified that they are interacting with an AI system, unless this is obvious from the circumstances and the context of use or where the content is part of an obviously artistic, creative or fictional cinematographic work. Moreover, natural persons should be notified when they are exposed to an emotion recognition system or a biometric categorisation system. Such information and notifications should be provided in accessible formats for persons with disabilities. Further, users, who use an AI system to generate or manipulate image, audio or video content that appreciably resembles existing persons, places or events and would falsely appear to a person to be authentic, should disclose, in an appropriate, clear and visible manner, that the content has been artificially created or manipulated by labelling the artificial intelligence output accordingly and disclosing its artificial origin.
Amendment 733 #
2021/0106(COD)
Proposal for a regulation
Recital 73
Recital 73
(73) In order to promote and protect innovation, it is important that the interests of small-scaletart-ups and SME providers and users of AI systems are taken into particular account. To this objective, Member States should develop initiatives, which are targeted at those operators, including on awareness raising and information communication. Moreover, the specific interests and needs of small-scale providerSMEs and start-ups shall be taken into account when Notified Bodies set conformity assessment fees. Translation costs related to mandatory documentation and communication with authorities may constitute a significant cost for providers and other operators, notably those of a smaller scale. Member States should possibly ensure that one of the languages determined and accepted by them for relevant providers’ documentation and for communication with operators is one which is broadly understood by the largest possible number of cross-border users.
Amendment 741 #
2021/0106(COD)
Proposal for a regulation
Recital 76
Recital 76
(76) In order to facilitate a smooth, effective and harmonised implementation of this Regulation a European Artificial Intelligence Board should be established as a body of the Union and should have legal personality. The Board should be responsible for a number of advisory tasks, including issuing opinions, recommendations, advice or guidance on matters related to the implementation of this Regulation, including on technical specifications or existing standards regarding the requirements established in this Regulation and providing advice to and assisting the Commission and the national competent authorities on specific questions related to artificial intelligence.
Amendment 796 #
2021/0106(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point d
Article 1 – paragraph 1 – point d
(d) harmonised transparency rules for certain AI systems intended to interact with natural persons, emotion recognition systems and biometric categorisation systems, and AI systems used to generate or manipulate image, audio or video content;
Amendment 797 #
2021/0106(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point e
Article 1 – paragraph 1 – point e
(e) rules on market monitoring and, market surveillance and governance; .
Amendment 802 #
2021/0106(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point e a (new)
Article 1 – paragraph 1 – point e a (new)
(e a) measures in support of innovation with a particular focus on SMEs and start-ups, including the setting up of regulatory sandboxes and the reduction of regulatory burdens.
Amendment 820 #
2021/0106(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point b
Article 2 – paragraph 1 – point b
(b) users of AI systems locatwho are established within the Union;
Amendment 827 #
2021/0106(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point c
Article 2 – paragraph 1 – point c
(c) providers and users of AI systems thatwho are locatestablished in a third country, where the output produced by the system is used in the Union;
Amendment 833 #
2021/0106(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point c a (new)
Article 2 – paragraph 1 – point c a (new)
(c a) importers and distributors of AI systems;
Amendment 834 #
2021/0106(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point c b (new)
Article 2 – paragraph 1 – point c b (new)
(c b) product placing on the market or putting into service an AI system together with their product and under their own name or trademark;
Amendment 837 #
2021/0106(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point c c (new)
Article 2 – paragraph 1 – point c c (new)
(c c) authorised representatives of providers, which are established in the Union.
Amendment 844 #
2021/0106(COD)
Proposal for a regulation
Article 2 – paragraph 2 – introductory part
Article 2 – paragraph 2 – introductory part
2. For high-risk AI systems that are safety components of products or systems, or which are themselves products or systems, falling within the scope of the following acts,classified as high- risk AI in accordance with Article 6 related to products covered by Union harmonisation legislation listed in Annex II, section B only Article 84 of this Regulation shall apply:.
Amendment 845 #
2021/0106(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point a
Article 2 – paragraph 2 – point a
Amendment 847 #
2021/0106(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point b
Article 2 – paragraph 2 – point b
Amendment 849 #
2021/0106(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point c
Article 2 – paragraph 2 – point c
Amendment 851 #
2021/0106(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point d
Article 2 – paragraph 2 – point d
Amendment 853 #
2021/0106(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point e
Article 2 – paragraph 2 – point e
Amendment 856 #
2021/0106(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point f
Article 2 – paragraph 2 – point f
Amendment 857 #
2021/0106(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point g
Article 2 – paragraph 2 – point g
Amendment 860 #
2021/0106(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point h
Article 2 – paragraph 2 – point h
Amendment 861 #
2021/0106(COD)
Proposal for a regulation
Article 2 – paragraph 2 a (new)
Article 2 – paragraph 2 a (new)
2 a. This Regulation shall not apply to AI systems, including their output, specifically developed and put into service for the sole purpose of scientific research and development.
Amendment 863 #
2021/0106(COD)
Proposal for a regulation
Article 2 – paragraph 2 b (new)
Article 2 – paragraph 2 b (new)
2 b. This Regulation shall not apply to any research and development activity regarding AI systems in so far as such activity does not lead to or entail placing an AI system on the market or putting it into service.
Amendment 912 #
2021/0106(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 1
Article 3 – paragraph 1 – point 1
(1) ‘artificial intelligence system’ (AI system) means software that is developed with one or more of the techniques and approaches listed in Annex I and can, for a given set of human-defined objectives, generate outputs such as content, predictions, recommendations, or decisions influencing the environments they interact withreal or virtual environments; AI systems can be designed to operate with varying levels of autonomy and can be developed with one or more of the techniques and approaches listed in Annex I;
Amendment 923 #
2021/0106(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 1 a (new)
Article 3 – paragraph 1 – point 1 a (new)
Amendment 926 #
2021/0106(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 1 b (new)
Article 3 – paragraph 1 – point 1 b (new)
(1 b) 'general purpose AI system’ means an AI system that is able to perform generally applicable functions for multiple potential purposes, such as image or speech recognition, audio or video generation, pattern detection, question answering, and translation, is largely customizable and often open source software;
Amendment 930 #
2021/0106(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 2
Article 3 – paragraph 1 – point 2
(2) ‘provid'developer’' means a natural or legal person, public authority, agency or other body that develops an AI system or that has an AI system developed with a view toand placinges it on the market or puttings it into service under its own name or trademark, whether for payment or free of charge or that adapts general purpose AI systems to a specific intended purpose;
Amendment 937 #
2021/0106(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 3
Article 3 – paragraph 1 – point 3
Amendment 939 #
2021/0106(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 3 a (new)
Article 3 – paragraph 1 – point 3 a (new)
(3 a) ‘risk’ means the combination of the probability of occurrence of a harm and the severity of that harm;
Amendment 940 #
2021/0106(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 3 b (new)
Article 3 – paragraph 1 – point 3 b (new)
(3 b) ‘significant harm‘ means a material harm to a person's life, health and safety or fundamental rights or entities or society at large whose severity is exceptional. The severity is in particular exceptional when the harm is hardly reversible, the outcome has a material adverse impact on health or safety of a person or the impacted person is dependent on the outcome;
Amendment 947 #
2021/0106(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 4
Article 3 – paragraph 1 – point 4
(4) ‘usdeployer’ means any natural or legal person, public authority, agency or other body using an AI system under its authority, except where the AI system is used in the course of a personal non- professional activity;
Amendment 1002 #
2021/0106(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 23
Article 3 – paragraph 1 – point 23
(23) ‘substantial modification’ means a change to the AI system following its placing on the market or putting into service, which affectsis not foreseen or planned by the provider and as a result of which the compliance of the AI system with the requirements set out in Title III, Chapter 2 of this Regulation oris affected or which results in a modification to the intended purpose for which the AI system has been assessed. A substantial modification is given if the remaining risk is increased by the modification of the AI system under the application of all necessary protective measures;
Amendment 1009 #
2021/0106(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 24
Article 3 – paragraph 1 – point 24
(24) ‘CE marking of conformity’ (CE marking) means a physical or digital marking by which a provider indicates that an AI system or a product with an embedded AI system is in conformity with the requirements set out in Title III, Chapter 2 of this Regulation and other applicable Union legislation harmonising the conditions for the marketing of products (‘Union harmonisation legislation’) providing for its affixing;
Amendment 1037 #
2021/0106(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 34
Article 3 – paragraph 1 – point 34
(34) ‘emotion recognition system’ means an AI system for the purpose of identifying or inferring emotions, thoughts or intentions of natural persons on the basis of their biometric or biometrics-based data;
Amendment 1044 #
2021/0106(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 35
Article 3 – paragraph 1 – point 35
(35) ‘biometric categorisation system’ means an AI system for the purpose of assigning natural persons to specific categories, such as sex, age, hair colour, eye colour, tattoos, ethnic origin or sexual or political orientation, or inferring their characteristics and attributes on the basis of their biometric or biometrics-based data;
Amendment 1052 #
2021/0106(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 36
Article 3 – paragraph 1 – point 36
(36) ‘remote biometric identification system’ means an AI system for the purpose of identifying natural persons at a distance through the comparison of a person’s biometric data with the biometric data contained in a reference database, and without prior knowledge of the user of the AI system whether the person will be present and can be identified , excluding verification/authentification systems whose sole purpose is to confirm that a specific natural person is the person he or she claims to be, and systems that are used to confirm the identity of a natural person for the sole purpose of having access to a service, a device or premises;
Amendment 1103 #
2021/0106(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 44 a (new)
Article 3 – paragraph 1 – point 44 a (new)
(44 a) ‘regulatory sandbox’ means a facility that provides a controlled environment that facilitates the safe development, testing and validation of innovative AI systems for a limited time before their placement on the market or putting into service pursuant to a specific plan;
Amendment 1111 #
2021/0106(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 44 b (new)
Article 3 – paragraph 1 – point 44 b (new)
(44 b) ‘deep fake’ means an AI system that generates or manipulates image, audio or video content that appreciably resembles existing persons, objects, places or other entities or events and would falsely appear to a person to be authentic or truthful.
Amendment 1129 #
2021/0106(COD)
Proposal for a regulation
Article 3 a (new)
Article 3 a (new)
Amendment 1136 #
2021/0106(COD)
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
The Commission is empowered to adopt delegated acts in accordance with Article 73 to amend the list of techniques and approaches listed in Annex I, after an adequate and transparent consultation process involving the relevant stakeholders, to amend the list of techniques and approaches listed in Annex I within the scope of the definition of an AI system as provided for in Article 3(1), in order to update that list to market and technological developments on the basis of transparent characteristics that are similar to the techniques and approaches listed therein. Providers and users of AI systems should be given 24 months to comply with any amendment to Annex I.
Amendment 1169 #
2021/0106(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point a
Article 5 – paragraph 1 – point a
(a) the placing on the market, putting into service or use of an AI system that deploys subliminal techniques beyond a person’s consciousness in order towith the objective to or the effect of materially distorting a person’s behaviour in a manner that causes or is reasonably likely to cause that person or another person physical or psychological harm;
Amendment 1181 #
2021/0106(COD)
(b) the placing on the market, putting into service or use of an AI system that exploits any of the vulnerabilities of an individual, including characteristics of such individual’s known or predicted personality or social or economic situation, a specific group of persons due to their age, physical or mental or disability, in order to materially distort the behaviour of a person pertaining to that group in a manner that causes or is likely to cause that person or another person physical or psychological harm;
Amendment 1223 #
2021/0106(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point c a (new)
Article 5 – paragraph 1 – point c a (new)
(c a) the placing on the market, putting into service or use of an AI system for making individual risk assessments of natural persons in order to assess the risk of a natural person for offending or reoffending or for predicting the occurrence or reoccurrence of an actual or potential criminal offence based on profiling of a natural person or on assessing personality traits and characteristics or past criminal behaviour of natural persons or groups of natural persons;
Amendment 1234 #
2021/0106(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point d – introductory part
Article 5 – paragraph 1 – point d – introductory part
(d) the use of ‘real-time’ remote biometric identification systems in publicly accessible spaces for the purpose of law enforcement, unless and in as far as such use is strictly necessary for one of the following objectives:.
Amendment 1254 #
2021/0106(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point d – point i
Article 5 – paragraph 1 – point d – point i
Amendment 1260 #
2021/0106(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point d – point ii
Article 5 – paragraph 1 – point d – point ii
Amendment 1274 #
2021/0106(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point d – point iii
Article 5 – paragraph 1 – point d – point iii
Amendment 1286 #
2021/0106(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point d a (new)
Article 5 – paragraph 1 – point d a (new)
(d a) the use of an AI system for the general monitoring, detection and interpretation of private content in interpersonal communication services, including all measures that would undermine end-to-end encryption..
Amendment 1354 #
2021/0106(COD)
Proposal for a regulation
Article 5 – paragraph 2
Article 5 – paragraph 2
Amendment 1356 #
2021/0106(COD)
Proposal for a regulation
Article 5 – paragraph 2 – point a
Article 5 – paragraph 2 – point a
Amendment 1358 #
2021/0106(COD)
Proposal for a regulation
Article 5 – paragraph 2 – point b
Article 5 – paragraph 2 – point b
Amendment 1361 #
2021/0106(COD)
Proposal for a regulation
Article 5 – paragraph 2 – subparagraph 1
Article 5 – paragraph 2 – subparagraph 1
Amendment 1367 #
2021/0106(COD)
Proposal for a regulation
Article 5 – paragraph 3
Article 5 – paragraph 3
Amendment 1375 #
2021/0106(COD)
Proposal for a regulation
Article 5 – paragraph 3 – subparagraph 1
Article 5 – paragraph 3 – subparagraph 1
Amendment 1387 #
2021/0106(COD)
Proposal for a regulation
Article 5 – paragraph 4
Article 5 – paragraph 4
Amendment 1423 #
2021/0106(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point a
Article 6 – paragraph 1 – point a
(a) the AI system is intended to be used as a main safety component of a product, or is itself a product, covered by the Union harmonisation legislation listed in Annex II;
Amendment 1429 #
2021/0106(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point b
Article 6 – paragraph 1 – point b
(b) the product whose main safety component is the AI system, or the AI system itself as a product, is required to undergo a third-party conformity assessment in order to ensure compliance with essential safety requirements with a view to the placing on the market or putting into service of that product pursuant to the Union harmonisation legislation listed in Annex II.
Amendment 1437 #
2021/0106(COD)
Proposal for a regulation
Article 6 – paragraph 2
Article 6 – paragraph 2
2. In addition to the high-risk AI systems referred to in paragraph 1, AI systems referred to in Annex III shall also be considered high-risk in the meaning of this regulation, if they will be deployed in a critical area referred to in Annex III and an individual assessment of the specific application carried out in accordance with Art. 6a showed that a significant harm is likely to arise.
Amendment 1456 #
2021/0106(COD)
Proposal for a regulation
Article 6 a (new)
Article 6 a (new)
Amendment 1466 #
2021/0106(COD)
Proposal for a regulation
Article 7 – paragraph 1 – introductory part
Article 7 – paragraph 1 – introductory part
1. The Commission is empowered to adopt delegated acts in accordance with Article 73 to update the list in Annex III by adding high-risk AI systems where, after an adequate and transparent consultation process involving the relevant stakeholders, to update the list in Annex III by withdrawing areas from that list or by adding critical areas. For additions both of the following conditions arneed to be fulfilled:
Amendment 1503 #
2021/0106(COD)
Proposal for a regulation
Article 7 – paragraph 2 – point b a (new)
Article 7 – paragraph 2 – point b a (new)
(b a) the extent to which the AI system acts autonomously;
Amendment 1520 #
2021/0106(COD)
Proposal for a regulation
Article 7 – paragraph 2 – point e a (new)
Article 7 – paragraph 2 – point e a (new)
(e a) the potential misuse and malicious use of the AI system and of the technology underpinning it;
Amendment 1531 #
2021/0106(COD)
Proposal for a regulation
Article 7 – paragraph 2 – point g a (new)
Article 7 – paragraph 2 – point g a (new)
(g a) magnitude and likelihood of benefit of the deployment of the AI system for individuals, groups, or society at large;
Amendment 1538 #
2021/0106(COD)
Proposal for a regulation
Article 7 – paragraph 2 – point h – introductory part
Article 7 – paragraph 2 – point h – introductory part
(h) the extent to which existing Union legislation, in particular the GDPR, provides for:
Amendment 1549 #
2021/0106(COD)
Proposal for a regulation
Article 7 – paragraph 2 a (new)
Article 7 – paragraph 2 a (new)
2 a. The Commission shall provide a transitional period of at least 24 months following each update of Annex III.
Amendment 1555 #
2021/0106(COD)
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. High-risk AI systems shall comply with the requirements established in this Chapter, taking into account the generally acknowledged state of the art, including as reflected in relevant harmonised standards or common specifications.
Amendment 1575 #
2021/0106(COD)
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. A risk management system shall be established, implemented, documented and maintained in appropriate relation to high- risk AI systems and its risks identified in the risk assessment referred to in Art. 6a.
Amendment 1587 #
2021/0106(COD)
Proposal for a regulation
Article 9 – paragraph 2 – point a
Article 9 – paragraph 2 – point a
(a) identification and analysis of the known and foreseeable risks associated with eachmost likely to occur to health, safety and fundamental rights in view of the intended purpose of the high-risk AI system;
Amendment 1591 #
2021/0106(COD)
Proposal for a regulation
Article 9 – paragraph 2 – point b
Article 9 – paragraph 2 – point b
Amendment 1598 #
2021/0106(COD)
Proposal for a regulation
Article 9 – paragraph 2 – point c
Article 9 – paragraph 2 – point c
(c) evaluation of other possibly arisingnew arising significant risks based on the analysis of data gathered from the post-market monitoring system referred to in Article 61;
Amendment 1601 #
2021/0106(COD)
Proposal for a regulation
Article 9 – paragraph 2 – point d
Article 9 – paragraph 2 – point d
(d) adoption of suitable risk management measureappropriate and targeted risk management measures to address identified significant risks in accordance with the provisions of the following paragraphs.
Amendment 1602 #
2021/0106(COD)
Proposal for a regulation
Article 9 – paragraph 2 a (new)
Article 9 – paragraph 2 a (new)
2 a. The risks referred to in paragraph 2 shall concern only those which may be reasonably mitigated or eliminated through the development or design of the high-risk AI system, or the provision of adequate technical information.
Amendment 1605 #
2021/0106(COD)
Proposal for a regulation
Article 9 – paragraph 3
Article 9 – paragraph 3
3. The risk management measures referred to in paragraph 2, point (d) shall give due consideration to the effects and possible interactions resulting from the combined application of the requirements set out in this Chapter 2. They shall take into account the generally acknowledged state of the art, including as reflected in relevant harmonised standards or common specification, with a view to minimising risks more effectively while achieving an appropriate balance in implementing the measures to fulfil those requirements.
Amendment 1609 #
2021/0106(COD)
Proposal for a regulation
Article 9 – paragraph 4 – introductory part
Article 9 – paragraph 4 – introductory part
4. The risk management measures referred to in paragraph 2, point (d) shall be such that any residual significant risk associated with each hazard as well as the overall residual risk of the high-risk AI systems is reasonably judged to be acceptable, having regard to the benefits that the high-risk AI system is reasonably expected to deliver and provided that the high- risk AI system is used in accordance with its intended purpose or under conditions of reasonably foreseeable misuse. Those residual significant risks shall be communicated to the user.
Amendment 1621 #
2021/0106(COD)
Proposal for a regulation
Article 9 – paragraph 4 – subparagraph 1 – point a
Article 9 – paragraph 4 – subparagraph 1 – point a
(a) elimination or reduction of risks as far as posidentified and evaluated risks as far as economically and technologically feasible through adequate design and development of the high-risk AI system;
Amendment 1624 #
2021/0106(COD)
Proposal for a regulation
Article 9 – paragraph 4 – subparagraph 1 – point b
Article 9 – paragraph 4 – subparagraph 1 – point b
(b) where appropriate, implementation of adequate mitigation and control measures in relation to significant risks that cannot be eliminated;
Amendment 1627 #
2021/0106(COD)
Proposal for a regulation
Article 9 – paragraph 4 – subparagraph 1 – point c
Article 9 – paragraph 4 – subparagraph 1 – point c
(c) provision of adequate information pursuant to Article 13, in particular as regards the risks referred to in paragraph 2, point (b) of this Article, and, where appropriate, training to users.
Amendment 1639 #
2021/0106(COD)
Proposal for a regulation
Article 9 – paragraph 5
Article 9 – paragraph 5
5. High-risk AI systems shall be tesevaluated for the purposes of identifying the most appropriate and targeted risk management measures. Testing and weighing any such measures against the potential benefits and intended goals of the system. Evaluations shall ensure that high-risk AI systems perform consistently for their intended purpose and they are in compliance with the relevant requirements set out in this Chapter.
Amendment 1653 #
2021/0106(COD)
Proposal for a regulation
Article 9 – paragraph 7
Article 9 – paragraph 7
7. The testing of the high-risk AI systems shall be performed, as appropriate, at any point in time throughout the development process, and, in any event, prior to the placing on the market or the putting into service. Testing shall be made against preliminarily defined metrics and probabilistic thresholds that are appropriate to the intended purpose of the high-risk AI system.
Amendment 1669 #
2021/0106(COD)
Proposal for a regulation
Article 9 – paragraph 9
Article 9 – paragraph 9
9. For credit institutions regulated by Directive 2013/36/EUproviders and AI systems already covered by Union law that require them to establish a specific risk management, the aspects described in paragraphs 1 to 8 shall be part of the risk management procedures established by those institutions pursuant to Article 74 of that Directiveat Union law or deemed to be covered as part of it.
Amendment 1673 #
2021/0106(COD)
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
1. High-risk AI systems which make use of techniques involving the training of models with data shall be, as far as this can be reasonably expected and is feasible from a technical and economical point of view, developed on the basis of training, validation and testing data sets that meet the quality criteria referred to in paragraphs 2 to 5.
Amendment 1683 #
2021/0106(COD)
Proposal for a regulation
Article 10 – paragraph 2 – introductory part
Article 10 – paragraph 2 – introductory part
2. Training, validation and testing data sets shall be subject to appropriate data governance and management practices appropriate for the context of the use as well as the intended purpose of the AI system. Those practices shall concern in particular,
Amendment 1693 #
2021/0106(COD)
Proposal for a regulation
Article 10 – paragraph 2 – point c
Article 10 – paragraph 2 – point c
(c) relevant data preparation processing operations, such as annotation, labelling, cleaning, enrichment and aggregation;
Amendment 1702 #
2021/0106(COD)
Proposal for a regulation
Article 10 – paragraph 2 – point f
Article 10 – paragraph 2 – point f
(f) examination in view of possible biases that are likely to affect the output of the AI system;
Amendment 1707 #
2021/0106(COD)
Proposal for a regulation
Article 10 – paragraph 2 – point g
Article 10 – paragraph 2 – point g
(g) the identification of any possiblesignificant data gaps or shortcomings, and how those gaps and shortcomings can be addressed.
Amendment 1715 #
2021/0106(COD)
Proposal for a regulation
Article 10 – paragraph 3
Article 10 – paragraph 3
3. Training, validation and testing data sets shall be relevant, representative, free of errors and completeHigh-risk AI systems shall be designed and developed with the best efforts to ensure that training, validation and testing data sets shall be relevant, representative, and to the best extent possible, free of errors and complete in accordance with industry standards. They shall have the appropriate statistical properties, including, where applicable, as regards the persons or groups of persons on which the high-risk AI system is intended to be used. These characteristics of the data sets may be met at the level of individual data sets or a combination thereof.
Amendment 1742 #
2021/0106(COD)
Proposal for a regulation
Article 10 – paragraph 6
Article 10 – paragraph 6
6. Appropriate data governance and management practices shall apply fFor the development of high-risk AI systems nother than those which make use of using techniques involving the training of models in order to ensure that those high-risk AI systems comply with paragraph 2, paragraphs 2 to 5 shall apply only to the testing data sets.
Amendment 1753 #
2021/0106(COD)
Proposal for a regulation
Article 11 – paragraph 1 – subparagraph 1
Article 11 – paragraph 1 – subparagraph 1
The technical documentation shall be drawn up in such a way to demonstrate that the high-risk AI system complies with the requirements set out in this Chapter and provide national competent authorities and notified bodies with all the necessary information to assess the compliance of the AI system with those requirements. It shall contain, at a minimum, the elements set out in Annex IV or, in the case of SMEs and start-ups, any equivalent documentation meeting the same objectives, subject to approval of the competent authority.
Amendment 1778 #
2021/0106(COD)
Proposal for a regulation
Article 12 – paragraph 4
Article 12 – paragraph 4
Amendment 1790 #
2021/0106(COD)
Proposal for a regulation
Article 13 – paragraph 1
Article 13 – paragraph 1
1. High-risk AI systems shall be designed and developed in such a way to ensure that their operation is sufficiently transparent to enable users to interpret the system’s output and use it appropriately. An appropriate type and degree of transparency shall be ensured, with a view to achieving compliance with the relevant obligations of the user and of the provider set out in Chapter 3 of this Title. Transparency shall thereby mean that, to the extent that can be reasonably expected and is feasible in technical terms, the AI systems output is interpretable by the user and the user is able to understand the general functionality of the AI system and its use of data.
Amendment 1793 #
2021/0106(COD)
Proposal for a regulation
Article 13 – paragraph 2
Article 13 – paragraph 2
2. High-risk AI systems shall be accompanied by instructions for use in an appropriate digital format or otherwise that include concise, complete, correct and clear information that helps supporting informed decision-making by users and is relevant, accessible and comprehensible to users.
Amendment 1801 #
2021/0106(COD)
Proposal for a regulation
Article 13 – paragraph 3 – point b – point iii
Article 13 – paragraph 3 – point b – point iii
Amendment 1808 #
2021/0106(COD)
Proposal for a regulation
Article 13 – paragraph 3 – point e a (new)
Article 13 – paragraph 3 – point e a (new)
(e a) a description of the mechanisms included within the AI system that allow users to properly collect, store and interpret the logs in accordance with Article 12(1).
Amendment 1812 #
2021/0106(COD)
Proposal for a regulation
Article 14 – paragraph 1
Article 14 – paragraph 1
1. HWhere proportionate to the risks associated with the high-risk system and where technical safeguards are not sufficient, high-risk AI systems shall be designed and developed in such a way, including with appropriate human-machine interface tools, that they can be effectively overseen by natural persons during the period in which the AI system is in use.
Amendment 1818 #
2021/0106(COD)
Proposal for a regulation
Article 14 – paragraph 2
Article 14 – paragraph 2
2. Human oversight shall aim at preventing or minimising the risks to health, safety or fundamental rights that may emerge when a high-risk AI system is used in accordance with its intended purpose or under conditions of reasonably foreseeable misuse, in particular when such risks persist notwithstanding the application of other requirements set out in this Chapter.
Amendment 1830 #
2021/0106(COD)
Proposal for a regulation
Article 14 – paragraph 4 – introductory part
Article 14 – paragraph 4 – introductory part
4. The measures referred to For the purpose of implementing paragraph 3 shall enable the individuals to whom human oversight is assigned to do the following, as appropriate to the circumstances 1 to 3, the high-risk AI system shall be provided to the user in such a way that the individuals to whom human oversight is assigned are enabled as appropriate and proportionate, to the circumstances and in accordance with industry standards:
Amendment 1832 #
2021/0106(COD)
Proposal for a regulation
Article 14 – paragraph 4 – point a
Article 14 – paragraph 4 – point a
(a) fulto be aware of and sufficiently understand the capacities and limitations of the high-risk AI system and be able to duly monitor its operation, so that signs of anomalies, dysfunctions and unexpected performance can be detected and addressed as soon as possible;
Amendment 1833 #
2021/0106(COD)
Proposal for a regulation
Article 14 – paragraph 4 – point b
Article 14 – paragraph 4 – point b
(b) remain aware of the possible tendency of automatically relying or over- relying on the output produced by a high- risk AI system (‘automation bias’), in particular for high-risk AI systems used to provide information or recommendations for decisions to be taken by natural persons;
Amendment 1836 #
2021/0106(COD)
Proposal for a regulation
Article 14 – paragraph 4 – point c
Article 14 – paragraph 4 – point c
(c) be able to correctly interpret the high-risk AI system’s output, taking into account in particular the characteristics of the system andfor example the interpretation tools and methods available;
Amendment 1838 #
2021/0106(COD)
Proposal for a regulation
Article 14 – paragraph 4 – point d
Article 14 – paragraph 4 – point d
(d) to be able to decide, in any particular situation, not to use the high-risk AI system or otherwise disregard, override or reverse the output of the high-risk AI system;
Amendment 1841 #
2021/0106(COD)
Proposal for a regulation
Article 14 – paragraph 4 – point e
Article 14 – paragraph 4 – point e
(e) to be able to intervene on the operation of the high-risk AI system, halt or interrupt the system through a “stop” button or a similar procedurewhere reasonable and technically feasible and except if the human interference increases the risks or would negatively impact the performance in consideration of generally acknowledged state-of-the-art.
Amendment 1844 #
2021/0106(COD)
Proposal for a regulation
Article 14 – paragraph 5
Article 14 – paragraph 5
5. For high-risk AI systems referred to in point 1(a) of Annex III, the measures referred to in paragraph 3 shall be such as to ensure that, in addition, no action or decision is taken by the user on the basis of the identification resulting from the system unless this has been verified and confirmed by at least two natural persons separately.
Amendment 1850 #
2021/0106(COD)
Proposal for a regulation
Article 15 – paragraph 1
Article 15 – paragraph 1
1. High-risk AI systems shall be designed and developed in such a way that they achieve, in the light of their intended purpose and to the extent that can be reasonably expected and is in accordance with relevant industry standards, an appropriate level of accuracy, robustness and cybersecurity, and perform consistently in those respects throughout their lifecycle.
Amendment 1856 #
2021/0106(COD)
Proposal for a regulation
Article 15 – paragraph 2
Article 15 – paragraph 2
2. The levels of accuracy and the relevant accuracy metrics of high-risk AI systemsrange of expected performance and the operational factors that affect that performance shall be declared in the accompanying instructions of use.
Amendment 1858 #
2021/0106(COD)
Proposal for a regulation
Article 15 – paragraph 3 – introductory part
Article 15 – paragraph 3 – introductory part
3. High-risk AI systems shall be resilientdesigned and developed with safety and security-by-design mechanism so that they achieve, in the light of their intended purpose, an appropriate level of cyber resilience as regards to errors, faults or inconsistencies that may occur within the system or the environment in which the system operates, in particular due to their interaction with natural persons or other systems.
Amendment 1863 #
2021/0106(COD)
Proposal for a regulation
Article 15 – paragraph 3 – subparagraph 2
Article 15 – paragraph 3 – subparagraph 2
High-risk AI systems that continue to learn after being placed on the market or put into service shall be developed in such a way to ensure that possibly biased outputs due to outputs used as aninfluencing input for future operations (‘feedback loops’) are duly addressed with appropriate mitigation measures.
Amendment 1867 #
2021/0106(COD)
Proposal for a regulation
Article 15 – paragraph 4 – subparagraph 1
Article 15 – paragraph 4 – subparagraph 1
The technical solutions aimed at ensuring and organisational measures designed to uphold the cybersecurity of high-risk AI systems shall be appropriate to the relevant circumstances and the risks.
Amendment 1887 #
2021/0106(COD)
Proposal for a regulation
Article 16 – paragraph 1 – point c
Article 16 – paragraph 1 – point c
(c) draw-up the technical documentation of the high-risk AI system referred to in Article 18;
Amendment 1891 #
2021/0106(COD)
Proposal for a regulation
Article 16 – paragraph 1 – point d
Article 16 – paragraph 1 – point d
(d) when under their control, keep the logs automatically generated by their high- risk AI systems as referred to in Article 20;
Amendment 1893 #
2021/0106(COD)
Proposal for a regulation
Article 16 – paragraph 1 – point e
Article 16 – paragraph 1 – point e
(e) ensure that the high-risk AI system undergoes the relevant conformity assessment procedure as referred to in Article 43, prior to its placing on the market or putting into service;
Amendment 1899 #
2021/0106(COD)
Proposal for a regulation
Article 16 – paragraph 1 – point g
Article 16 – paragraph 1 – point g
(g) take the necessary corrective actions as referred to in Article 21, if the high-risk AI system is not in conformity with the requirements set out in Chapter 2 of this Title;
Amendment 1902 #
2021/0106(COD)
Proposal for a regulation
Article 16 – paragraph 1 – point j
Article 16 – paragraph 1 – point j
(j) upon reasoned request of a national competent authority, provide the relevant information and documentation to demonstrate the conformity of the high-risk AI system with the requirements set out in Chapter 2 of this Title.
Amendment 1914 #
2021/0106(COD)
Proposal for a regulation
Article 17 – paragraph 1 – introductory part
Article 17 – paragraph 1 – introductory part
1. Providers of high-risk AI systems shall put a quality management system in place that ensures compliance with this Regulation. That system shall be documented in a systematic and orderly manner in the form of written policies, procedures andor instructions, and shall include at least the following aspects:
Amendment 1916 #
2021/0106(COD)
Proposal for a regulation
Article 17 – paragraph 1 – point a
Article 17 – paragraph 1 – point a
Amendment 1921 #
2021/0106(COD)
Proposal for a regulation
Article 17 – paragraph 1 – point e
Article 17 – paragraph 1 – point e
Amendment 1934 #
2021/0106(COD)
Proposal for a regulation
Article 17 – paragraph 1 – point j
Article 17 – paragraph 1 – point j
(j) the handling of communication with national competent authorities, competent authorities, including sectoral ones, providing or supporting the access to data, notified bodies, other operators, customers or other interested parties;
Amendment 1935 #
2021/0106(COD)
Proposal for a regulation
Article 17 – paragraph 1 – point k
Article 17 – paragraph 1 – point k
Amendment 1956 #
2021/0106(COD)
Proposal for a regulation
Article 20 – paragraph 1
Article 20 – paragraph 1
1. Providers of high-risk AI systems shall keep the logs automatically generated by their high-risk AI systems, to the extent such logs are under their control by virtue of a contractual arrangement with the user or otherwise by law. The logs shall be kept for a period that is appropriate in the light of industry standards, the intended purpose of high-risk AI system and applicable legal obligations under Union or national law.
Amendment 1965 #
2021/0106(COD)
Proposal for a regulation
Article 22 – paragraph 1
Article 22 – paragraph 1
Where the high-risk AI system presents a risk within the meaning of Article 65(1) and that risk is known to the provider of the system, that provider shall immediately inform the national competentmarket surveillance authorities of the Member States in which it made the system available and, where applicable, the notified body that issued a certificate for the high-risk AI system, in particular of the non-compliance and of any corrective actions taken.
Amendment 1969 #
2021/0106(COD)
Proposal for a regulation
Article 23 – paragraph 1
Article 23 – paragraph 1
Providers of high-risk AI systems shall, upon request by a national competent authority, provide that authority with all the information and documentation necessary to demonstrate the conformity of the high-risk AI system with the requirements set out in Chapter 2 of this Title, in an official Union language determined by the Member State concerned. Upon a reasoned request from a national competent authority, providers shall also give that authority access to the logs automatically generated by the high- risk AI system, to the extent such logs are under their control by virtue of a contractual arrangement with the user or otherwise by law. Any information submitted in accordance with the provision of this article shall be considered by the national competent authority a trade secret of the company that is submitting such information and kept strictly confidential.
Amendment 1977 #
2021/0106(COD)
Proposal for a regulation
Article 23 a (new)
Article 23 a (new)
Article 23 a Conditions for other persons to be subject to the obligations of a provider 1. Concerning high risk AI systems any natural or legal person shall be considered a provider for the purposes of this Regulation and shall be subject to the obligations of the provider under Article 16, in any of the following circumstances: (a) they put their name or trademark on a high-risk AI system already placed on the market or put into service, without prejudice to contractual arrangements stipulating that the obligationsare allocated otherwise; (b) they make a substantial modification to or modify the intended purpose of a high-risk AI system already placed on the market or put into service; (c) they modify the intended purpose of a non-high-risk AI system already placed on the market or put it to service, in a way which makes the modified system a high- risk AI system; (d) they fulfil the conditions referred in Article 3a(2). 2. Where the circumstances referred to in paragraph 1 occur, the provider that initially placed the high-risk AI system on the market or put it into service shall no longer be considered a provider for the purposes of this Regulation. The initial provider subject to the previous sentence, shall upon request and without compromising its own intellectual property rights or trade secrets, provide the new provider referred to in paragraph (1a), (1b) or (1c) with all essential, relevant and reasonably expected information that is necessary to comply with the obligations set out in this Regulation. 3. For high-risk AI systems that are safety components of products to which the legal acts listed in Annex II, section A apply, the manufacturer of those products shall be considered the provider of the high- risk AI system and shall be subject to the obligations referred to in Article 16 under either of the following scenarios: (i) the high-risk AI system is placed on the market together with the product under the name or trademark of the product manufacturer; or (ii) the high-risk AI system is put into service under the name or trademark of the product manufacturer after the product has been placed on the market. 4. Third parties involved in the sale and the supply of software including general purpose application programming interfaces (API), software tools and components, providers who develop and train AI systems on behalf of a deploying company in accordance with their instruction, or providers of network services shall not be considered providers for the purposes of this Regulation.
Amendment 1978 #
2021/0106(COD)
Proposal for a regulation
Article 24
Article 24
Amendment 1981 #
2021/0106(COD)
Proposal for a regulation
Article 25 – paragraph 1
Article 25 – paragraph 1
1. Prior to making their systems available on the Union market, where an importer cannot be identified, providers established outside the Union shall, by written mandate, appoint an authorised representative which is established in the Union.
Amendment 1991 #
2021/0106(COD)
Proposal for a regulation
Article 25 – paragraph 2 – point c
Article 25 – paragraph 2 – point c
(c) cooperate with competent national authorities, upon a reasoned request, on any action the latter takes into relation to the high-risk AI systemduce and mitigate the risks posed by a high-risk AI system covered by the authorised representative's mandate.
Amendment 2011 #
2021/0106(COD)
Proposal for a regulation
Article 27 – paragraph 2
Article 27 – paragraph 2
2. Where a distributor considers or has reason to consider that a high-risk AI system is not in conformity with the requirements set out in Chapter 2 of this Title, it shall not make the high-risk AI system available on the market until that system has been brought into conformity with those requirements. Furthermore, where the system presents a risk within the meaning of Article 65(1), the distributor shall inform the provider or the importer of the system as well as the market surveillance authorities, as applicable, to that effect.
Amendment 2015 #
2021/0106(COD)
Proposal for a regulation
Article 27 – paragraph 4
Article 27 – paragraph 4
4. A distributor that considers or has reason to consider that a high-risk AI system which it has made available on the market is not in conformity with the requirements set out in Chapter 2 of this Title shall take the corrective actions necessary to bring that system into conformity with those requirements, to withdraw it or recall it or shall ensure that the provider, the importer or any relevant operator, as appropriate, takes those corrective actions. Where the high-risk AI system presents a risk within the meaning of Article 65(1), the distributor shall immediately inform the provider or the importer of the system as well as the national competent authorities of the Member States in which it has made the product available to that effect, giving details, in particular, of the non-compliance and of any corrective actions taken.
Amendment 2018 #
2021/0106(COD)
Proposal for a regulation
Article 27 – paragraph 5
Article 27 – paragraph 5
5. Upon a reasoned request from a national competent authority, distributors of high-risk AI systems shall provide that authority with all the information and documentation necessary to demonstrate the conformity of a high-risk system with the requirements set out in Chapter 2 of this Title. Distributors shall also cooperate with that national competent authority on any action taken by that authorityregarding its activities pursuant to paragraphs 1 to 4.
Amendment 2024 #
2021/0106(COD)
Proposal for a regulation
Article 28
Article 28
Amendment 2039 #
2021/0106(COD)
Proposal for a regulation
Article 29 – paragraph 1
Article 29 – paragraph 1
1. Users of high-risk AI systems shall use such systems and implement human oversight in accordance with the instructions of use accompanying the systems, pursuant to paragraphs 2 and 5 of this article.
Amendment 2049 #
2021/0106(COD)
Proposal for a regulation
Article 29 – paragraph 3
Article 29 – paragraph 3
3. Without prejudice to paragraph 1, to the extent the user exercises control over the input data, that user shall ensure that input data is relevant in view of the intended purpose of the high-risk AI system. To the extent the user exercises control over the high-risk AI system, that user shall also ensure that relevant and appropriate robustness and cybersecurity measures are in place and are regularly adjusted or updated.
Amendment 2054 #
2021/0106(COD)
Proposal for a regulation
Article 29 – paragraph 4 – introductory part
Article 29 – paragraph 4 – introductory part
4. Users shall monitor the operation of the high-risk AI system on the basis of the instructions of use and, when relevant, inform providers in accordance with Article 61. To the extent the user exercises control over the high-risk AI system, the user shall also establish a risk management system in line with Article 9 but limited to the potential adverse effects of using the high-risk AI system, the respective mitigation measures. When they have reasons to consider that the use in accordance with the instructions of use may result in the AI system presenting a risk within the meaning of Article 65(1) they shall inform the provider or distributor and suspend the use of the system. They shall also inform the provider or distributor when they have identified any serious incident or any malfunctioning within the meaning of Article 62 and interrupt the use of the AI system. In case the user is not able to reach the provider, Article 62 shall apply mutatis mutandis.
Amendment 2059 #
2021/0106(COD)
Proposal for a regulation
Article 29 – paragraph 5 – introductory part
Article 29 – paragraph 5 – introductory part
5. Users of high-risk AI systems shall keep the logs automatically generated by that high-risk AI system, to the extent such logs are under their control. The logs shall be kept for a period that is appropriate in the light of industry standards, the intended purpose of the high-risk AI system and applicable legal obligations under Union or national law.
Amendment 2064 #
2021/0106(COD)
Proposal for a regulation
Article 29 – paragraph 6
Article 29 – paragraph 6
6. Users of high-risk AI systems shall use the information provided under Article 13 to comply with their obligation to carry out a data protection impact assessment under Article 35 of Regulation (EU) 2016/679 or Article 27 of Directive (EU) 2016/680, where applicaband may revert in part to those data protection impact assessments for fulfilling the obligations set out in this article.
Amendment 2068 #
2021/0106(COD)
Proposal for a regulation
Article 29 – paragraph 6 a (new)
Article 29 – paragraph 6 a (new)
6 a. Where a user of a high risk AI system is obliged pursuant to Regulation (EU) 2016/679 to provide information regarding the use of automated decision making procedures, the user shall not be obliged to provide information on how the AI system reached a specific result. When fulfilling the information obligations under Regulation (EU) 2016/679, the user shall not be obliged to provide information beyond the information he or she received from the provider under Article 13 of this Regulation.
Amendment 2076 #
2021/0106(COD)
Proposal for a regulation
Article 29 – paragraph 6 b (new)
Article 29 – paragraph 6 b (new)
6 b. The obligations established by this Article shall not apply to users who use the AI system in the course of a personal non-professional activity.
Amendment 2133 #
2021/0106(COD)
Proposal for a regulation
Article 41 – paragraph 1
Article 41 – paragraph 1
1. Where harmonised standards referred to in Article 40 do not exist and are not expected to be published within a reasonable period or where the Commission considers that the relevant harmonised standards are insufficient or that there is a need to address specific safety or fundamental right concerns, the Commission may, by means of implementing acts, adopt common specifications in respect of the requirements set out in Chapter 2 of this Title. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 74(2).
Amendment 2138 #
2021/0106(COD)
Proposal for a regulation
Article 41 – paragraph 1 a (new)
Article 41 – paragraph 1 a (new)
1 a. When deciding to draft and adopt common specifications, the Commission shall consult the Board, the European standardisation organisations as well as the relevant stakeholders, and duly justify why it decided not to use harmonised standards. The abovementioned organisations shall be regularly consulted while the Commission is in the process of drafting the common specifications.
Amendment 2141 #
2021/0106(COD)
Proposal for a regulation
Article 41 – paragraph 2
Article 41 – paragraph 2
2. The Commission, when preparing the common specifications referred to in paragraph 1, shall gather the views of stakeholders, including SMEs and start- ups, relevant bodies or expert groups established under relevant sectorial Union law.
Amendment 2149 #
2021/0106(COD)
Proposal for a regulation
Article 41 – paragraph 4
Article 41 – paragraph 4
4. Where providers of high-risk AI systems do not comply with the common specifications referred to in paragraph 1, they shall duly justify that they have adopted technical solutions that are at least equivalent thereto.
Amendment 2150 #
2021/0106(COD)
Proposal for a regulation
Article 41 – paragraph 4 a (new)
Article 41 – paragraph 4 a (new)
4 a. If harmonised standards referred to in Article 40 are developed and the references to them are published in the Official Journal of the European Union in accordance with Regulation (EU) No 1025/2012 in the future, the relevant common specifications shall no longer apply.
Amendment 2191 #
2021/0106(COD)
Proposal for a regulation
Article 43 – paragraph 4 – introductory part
Article 43 – paragraph 4 – introductory part
4. High-risk AI systems that have already been subject to a conformity assessment procedure shall undergo a new conformity assessment procedure whenever they are substantially modified, regardless of whetherif the modified system is intended to be further distributed or continues to be used by the current user.
Amendment 2193 #
2021/0106(COD)
Proposal for a regulation
Article 43 – paragraph 4 – subparagraph 1
Article 43 – paragraph 4 – subparagraph 1
For high-risk AI systems that continue to learn after being placed on the market or put into service, changes to the high-risk AI system and its performance that have been pre-determined by the provider at the moment of the initial conformity assessment and are part of the information contained in the technical documentation referred to in point 2(f) of Annex IV, shall not constitute a substantial modification. The same should apply to updates of the AI system for security reasons in general and to protect against evolving threats of manipulation of the system as long as the update does not include significant changes to the functionality of the system.
Amendment 2201 #
2021/0106(COD)
Proposal for a regulation
Article 43 – paragraph 5
Article 43 – paragraph 5
5. TAfter consulting the AI Board referred to in Article 56 and after providing substantial evidence, followed by thorough consultation and the involvement of the affected stakeholders, the Commission is empowered to adopt delegated acts in accordance with Article 73 for the purpose of updating Annexes VI and Annex VII in order to introduce elements of the conformity assessment procedures that become necessary in light of technical progress.
Amendment 2208 #
2021/0106(COD)
Proposal for a regulation
Article 43 – paragraph 6
Article 43 – paragraph 6
Amendment 2232 #
2021/0106(COD)
Proposal for a regulation
Article 49 – paragraph 1
Article 49 – paragraph 1
1. The physical CE marking shall be affixed visibly, legibly and indelibly for high-risk AI systems. Where that is not possible or not warranted on account of the nature of the high-risk AI system, it shall be affixed to the packaging or to the accompanying documentation, as appropriate.
Amendment 2234 #
2021/0106(COD)
Proposal for a regulation
Article 49 – paragraph 1 a (new)
Article 49 – paragraph 1 a (new)
1 a. A digital CE marking may be used instead of or additionally to the physical marking if it can be accessed via the display of the product or via a machine- readable code or other electronic means.
Amendment 2241 #
2021/0106(COD)
Proposal for a regulation
Article 50 – paragraph 1 – introductory part
Article 50 – paragraph 1 – introductory part
The provider shall, for a period ending 105 years after the AI system has been placed on the market or put into service, keep at the disposal of the national competent authorities:
Amendment 2244 #
2021/0106(COD)
Proposal for a regulation
Article 51 – paragraph 1
Article 51 – paragraph 1
Before placing on the market or putting into service a high-risk AI system referred to in Article 6(2) and Article 6a, the provider or, where applicable, the authorised representative shall register that system in the EU database referred to in Article 60.
Amendment 2252 #
2021/0106(COD)
Proposal for a regulation
Article 51 – paragraph 1 a (new)
Article 51 – paragraph 1 a (new)
Before putting into service or using a high-risk AI system in one of the areas listed in Annex III, users who are public authorities or Union institutions, bodies, offices or agencies or users acting on their behalf shall register in the EU database referred to in Article 60.
Amendment 2268 #
2021/0106(COD)
Proposal for a regulation
Article 52 – paragraph 2
Article 52 – paragraph 2
2. Users of an emotion recognition system or a biometric categorisation system shall inform of the operation of the system the natural persons exposed thereto. This obligation shall not apply to AI systems used for biometric categorisation, which are permitted by law to detect, prevent and investigate criminal offences.
Amendment 2271 #
2021/0106(COD)
Proposal for a regulation
Article 52 – paragraph 3 – introductory part
Article 52 – paragraph 3 – introductory part
3. Users of an AI system that generates or manipulates image, audio or video content that appreciably resembles existing persons, objects, places or other entities or events and would falsely appear to a person to be authentic or truthful (‘deep fake’), shall disclose, in an appropriate, clear and visible manner, that the content has been artificially generated or manipulated.
Amendment 2278 #
2021/0106(COD)
Proposal for a regulation
Article 52 – paragraph 3 – subparagraph 1
Article 52 – paragraph 3 – subparagraph 1
However, the first subparagraph shall not apply where the use is authorised by law to detectcontent is part of an obviously artistic, pcrevent, investigate and prosecute criminal offencesative or fictional cinematographic work or it is necessary for the exercise of the right to freedom of expression and the right to freedom of the arts and sciences guaranteed in the Charter of Fundamental Rights of the EU, and subject to appropriate safeguards for the rights and freedoms of third parties.
Amendment 2294 #
2021/0106(COD)
Proposal for a regulation
Article 53 – paragraph 1
Article 53 – paragraph 1
1. AI regulatory sandboxes established by one or more Member States competent authorities or the European Data Protection Supervisorthe European Commission, one or more Member States, or other competent entities shall provide a controlled environment that facilitates the development, testing and validation of innovative AI systems for a limited time before their placement on the market or putting into service pursuant to a specific plan. This shall take place under the direct supervision and guidance by the competent authorities with a view to ensuringin collaboration with and guidance by the European Commission or the competent authorities in order to identify risks to health and safety and fundamental rights, test mitigation measures for identified risks, demonstrate prevention of these risks and otherwise ensure compliance with the requirements of this Regulation and, where relevant, other Union and Member States legislation supervised within the sandbox.
Amendment 2309 #
2021/0106(COD)
Proposal for a regulation
Article 53 – paragraph 2
Article 53 – paragraph 2
2. The European Commission in collaboration with Member States shall ensure that to the extent the innovative AI systems involve the processing of personal data or otherwise fall under the supervisory remit of other national authorities or competent authorities providing or supporting access to data, the national data protection authorities and those other national authorities are associated to the operation of the AI regulatory sandbox.
Amendment 2329 #
2021/0106(COD)
Proposal for a regulation
Article 53 – paragraph 5
Article 53 – paragraph 5
5. The European Commission, Member States’ competent authorities and other entities that have established AI regulatory sandboxes shall coordinate their activities and cooperate within the framework of the European Artificial Intelligence Board. They shall submit annual reports to the Board and the CommissionCommission’s AI Regulatory Sandboxing programme. The European Commission shall submit annual reports to the European Artificial Intelligence Board on the results from the implementation of those scheme, including good practices, lessons learnt and recommendations on their setup and, where relevant, on the application of this Regulation and other Union legislation supervised within the sandbox.
Amendment 2340 #
2021/0106(COD)
Proposal for a regulation
Article 53 – paragraph 6 a (new)
Article 53 – paragraph 6 a (new)
6 a. The Commission shall establish an EU AI Regulatory Sandboxing Programme whose modalities referred to in Article 53(6) shall cover the elements set out in Annex IXa. The Commission shall proactively coordinate with national, regional and also local authorities, as relevant.
Amendment 2372 #
2021/0106(COD)
Proposal for a regulation
Article 55 – title
Article 55 – title
Measures for small-scale providerSMEs, start-ups and users
Amendment 2375 #
2021/0106(COD)
Proposal for a regulation
Article 55 – paragraph 1 – point a
Article 55 – paragraph 1 – point a
(a) provide small-scale providerSMEs and start-ups with priority access to the AI regulatory sandboxes to the extent that they fulfil the eligibility conditions;
Amendment 2377 #
2021/0106(COD)
Proposal for a regulation
Article 55 – paragraph 1 – point b
Article 55 – paragraph 1 – point b
(b) organise specific awareness raising activities about the application of this Regulation tailored to the needs of the small-scale providerSMEs, sart-ups and users;
Amendment 2379 #
2021/0106(COD)
(c) where appropriate, establish a dedicated channel for communication with small-scale providers andSMEs, start-ups, users and other innovators to provide guidance and respond to queries about the implementation of this Regulation.
Amendment 2381 #
2021/0106(COD)
Proposal for a regulation
Article 55 – paragraph 1 – point c a (new)
Article 55 – paragraph 1 – point c a (new)
(c a) support SME's increased participation in the standardisation development process;
Amendment 2387 #
2021/0106(COD)
Proposal for a regulation
Article 55 – paragraph 2
Article 55 – paragraph 2
2. The specific interests and needs of the small-scale providerSMEs and start-ups shall be taken into account when setting the fees for conformity assessment under Article 43, reducing those fees proportionately to their size and market size.
Amendment 2389 #
2021/0106(COD)
Proposal for a regulation
Article 55 a (new)
Article 55 a (new)
Article 55 a Promoting research and development of AI in support of socially and environmentally beneficial outcomes Member States shall promote research and development of AI solutions which support socially and environmentally beneficial outcomes, including but not limited to development of AI-based solutions to increase accessibility for persons with disabilities, tackle socio- economic inequalities, and meet sustainability and environmental targets, by: (a) providing relevant projects with priority access to the AI regulatory sandboxes to the extent that they fulfil the eligibility conditions; (b) earmarking public funding, including from relevant EU funds, for AI research and development in support of socially and environmentally beneficial outcomes; (c) organising specific awareness raising activities about the application of this Regulation, the availability of and application procedures for dedicated funding, tailored to the needs of those projects; (d) where appropriate, establishing accessible dedicated channels for communication with projects to provide guidance and respond toqueries about the implementation of this Regulation.
Amendment 2400 #
2021/0106(COD)
Proposal for a regulation
Article 56 – paragraph 1
Article 56 – paragraph 1
1. A ‘European Artificial Intelligence Board’ (the ‘Board’) is established as a body of the Union and shall have legal personality.
Amendment 2405 #
2021/0106(COD)
Proposal for a regulation
Article 56 – paragraph 2 – introductory part
Article 56 – paragraph 2 – introductory part
2. The Board shall provide advice and assistance to the Commission and to the national supervisory authorities in order to:
Amendment 2408 #
2021/0106(COD)
Proposal for a regulation
Article 56 – paragraph 2 – point b
Article 56 – paragraph 2 – point b
(b) coordinate and contribute toprovide guidance and analysis by the Commission and the national supervisory authorities and other competent authorities on emerging issues across the internal market with regard to matters covered by this Regulation;
Amendment 2410 #
2021/0106(COD)
Proposal for a regulation
Article 56 – paragraph 2 – point c
Article 56 – paragraph 2 – point c
(c) contribute to the effective and consistent application of this Regulation and assist the national supervisory authorities and the Commission in ensuring the consistent application of this Regulationthat regard.
Amendment 2414 #
2021/0106(COD)
(c a) contribute to the effective cooperation with the competent authorities of third countries and with international organisations.
Amendment 2431 #
2021/0106(COD)
Proposal for a regulation
Article 57 – paragraph 1
Article 57 – paragraph 1
1. The Board shall be composed of the national supervisory authorities, who shall be represented by the head or equivalent high-level official of that authority, and the European Data Protection Supervisorthe European Data Protection Supervisor as the EU Agency for Fundamental Rights, the EU Agency for Cybersecurity, the Joint Research Centre, the European Committee for Standardization, the European Committee for Electrotechnical Standardization, and the European Telecommunications Standards Institute, each with one representative. Other national authorities may be invited to the meetings, where the issues discussed are of relevance for them.
Amendment 2439 #
2021/0106(COD)
Proposal for a regulation
Article 57 – paragraph 1 a (new)
Article 57 – paragraph 1 a (new)
1 a. The Board shall act independently when performing its tasks or exercising its powers.
Amendment 2464 #
2021/0106(COD)
Proposal for a regulation
Article 57 – paragraph 4
Article 57 – paragraph 4
4. The Board may invite external experts and observers to attend its meetings and may hold exchanges with interested third parties to inform its activities to an appropriate extent. To that end t, and hold consultations with relevant stakeholders and ensure appropriate participation. The Commission may facilitate exchanges between the Board and other Union bodies, offices, agencies and advisory. The Commission may facilitate exchanges between the Board and other Union bodies, offices, agencies and advisory groups.
Amendment 2484 #
2021/0106(COD)
Proposal for a regulation
Article 58 – paragraph 1 – introductory part
Article 58 – paragraph 1 – introductory part
When providing advice and assistance to the Commission and to the national supervisory authorities in the context of Article 56(2), the Board shall in particular:
Amendment 2498 #
2021/0106(COD)
Proposal for a regulation
Article 58 – paragraph 1 – point b
Article 58 – paragraph 1 – point b
(b) contribute to uniform administrative practices in the Member States, including for the assessment , establishing, managing with the meaning of fostering cooperation and guaranteeing consistency among regulatory sandboxes, and functioning of regulatory sandboxes referred to in Article 53, Article54 and Annex IXa;
Amendment 2513 #
2021/0106(COD)
Proposal for a regulation
Article 58 – paragraph 1 – point c a (new)
Article 58 – paragraph 1 – point c a (new)
(c a) carry out annual reviews and analyses of the complaints sent to and findings made by national competent authorities, of the serious incidents reports referred to in Article 62, and of the new registration in the EU Database referred to in Article 60 to identify trends and potential emerging issues threatening the future health and safety and fundamental rights of citizens that are not adequately addressed by this Regulation;
Amendment 2521 #
2021/0106(COD)
Proposal for a regulation
Article 58 – paragraph 1 – point c b (new)
Article 58 – paragraph 1 – point c b (new)
(c b) coordinate among national competent authorities; issue guidelines, recommendations and best practices with a view to ensuring the consistent implementation of this Regulation;
Amendment 2526 #
2021/0106(COD)
Proposal for a regulation
Article 58 – paragraph 1 – point c c (new)
Article 58 – paragraph 1 – point c c (new)
(c c) promote the cooperation and effective bilateral and multilateral exchange of information and best practices between the national supervisory authorities;
Amendment 2529 #
2021/0106(COD)
Proposal for a regulation
Article 58 – paragraph 1 – point c d (new)
Article 58 – paragraph 1 – point c d (new)
Amendment 2533 #
2021/0106(COD)
Proposal for a regulation
Article 58 – paragraph 1 – point c e (new)
Article 58 – paragraph 1 – point c e (new)
(c e) carry out biannual horizon scanning and foresight exercises to extrapolate the impact the trends and emerging issues can have on the Union;
Amendment 2539 #
2021/0106(COD)
Proposal for a regulation
Article 58 – paragraph 1 – point c f (new)
Article 58 – paragraph 1 – point c f (new)
(c f) promote public awareness and understanding of the benefits, rules and safeguards and rights in relation to the use of AI systems.
Amendment 2572 #
2021/0106(COD)
Proposal for a regulation
Article 59 – paragraph 4
Article 59 – paragraph 4
4. Member States shall ensure that national competent authorities are provided with adequate financial, technical and human resources to fulfil their tasks under this Regulation. In particular, national competent authorities shall have a sufficient number of personnel permanently available whose competences and expertise shall include an in-depth understanding of artificial intelligence technologies, data and data computing, fundamental rights, health and safety risks and knowledge of existing standards and legal requirements.
Amendment 2584 #
2021/0106(COD)
Proposal for a regulation
Article 59 – paragraph 6
Article 59 – paragraph 6
6. The Commission and the board shall facilitate the exchange of experience between national competent authorities.
Amendment 2589 #
2021/0106(COD)
Proposal for a regulation
Article 59 – paragraph 7
Article 59 – paragraph 7
7. National competent authorities may provide guidance and advice on the implementation of this Regulation, including to small-scale providerSMEs and start-ups. Whenever national competent authorities intend to provide guidance and advice with regard to an AI system in areas covered by other Union legislation, the competent national authorities under that Union legislation shall be consulted, as appropriate. Member States mayshall also establish one central contact point for communication with operators and other stakeholders.
Amendment 2593 #
2021/0106(COD)
Proposal for a regulation
Article 59 – paragraph 8
Article 59 – paragraph 8
8. When Union institutions, agencies and bodies fall within the scope of this Regulation, the European Data Protection Supervisor shall act as the competent authority for their supervision and coordination.
Amendment 2615 #
2021/0106(COD)
Proposal for a regulation
Article 60 – paragraph 1
Article 60 – paragraph 1
1. The Commission shall, in collaboration with the Member States, set up and maintain a EU database containing information referred to in paragraph 2 concerning high-risk AI systems referred to in Article 6(2)in one of the areas listed in Annex III which are registered in accordance with Article 51 and their uses by public authorities and Union institutions, bodies, offices or agencies or on their behalf.
Amendment 2627 #
2021/0106(COD)
Proposal for a regulation
Article 60 – paragraph 4
Article 60 – paragraph 4
4. The EU database shall contain personal data only insofar as necessary for collecting and processing information in accordance with this Regulation. That information shall include the names and contact details of natural persons who are responsible for registering the system and have the legal authority to represent the provider. or the user, if the user is a public authority or a Union institution, body, office or agency or a user acting on their behalf.
Amendment 2643 #
2021/0106(COD)
Proposal for a regulation
Article 61 – paragraph 2
Article 61 – paragraph 2
2. The post-market monitoring system shall actively and systematically collect, document and analyse relevant data provided by users or collected through other sources, to the extent such data are readily accessible to the provider and taking into account the limits resulting from data protection, copyright and competition law, on the performance of high- risk AI systems throughout their lifetime, and allow the provider to evaluate the continuous compliance of AI systems with the requirements set out in Title III, Chapter 2.
Amendment 2648 #
2021/0106(COD)
Proposal for a regulation
Article 61 – paragraph 3
Article 61 – paragraph 3
3. The post-market monitoring system shall be based on a post-market monitoring plan. The post-market monitoring plan shall be part of the technical documentation referred to in Annex IV. The Commission shall adopt an implementing act laying down detailed provisions establishing a template for the post-market monitoring plan and the list of elements to be included in the plan by ... [12 months following the entry into force of this Regulation].
Amendment 2655 #
2021/0106(COD)
Proposal for a regulation
Article 62 – paragraph 1 – introductory part
Article 62 – paragraph 1 – introductory part
1. Providers and, where applicable, users of high-risk AI systems placed on the Union market shall report any serious incident or any malfunctioning of those systems which constitutes a breach of obligations under Union law intended to protect fundamental rights to the market surveillance authorities of the Member States where that incident or breach occurred.
Amendment 2657 #
2021/0106(COD)
Proposal for a regulation
Article 62 – paragraph 1 – subparagraph 1
Article 62 – paragraph 1 – subparagraph 1
Such notification shall be made immediatwithout undue delay after the provider has established a causal link between the AI system and the incident or malfunctioning or the reasonable likelihood of such a link, and, in any event, not later than 15 day72 hours after the providers becomes aware of the serious incident or of the malfunctioning.
Amendment 2664 #
2021/0106(COD)
Proposal for a regulation
Article 62 – paragraph 1 – subparagraph 1 a (new)
Article 62 – paragraph 1 – subparagraph 1 a (new)
No report under this Article is required if the serious incident also leads to reporting requirements under other laws. In that case, the authorities competent under those laws shall forward the received report to the national competent authority.
Amendment 2668 #
2021/0106(COD)
Proposal for a regulation
Article 62 – paragraph 2 a (new)
Article 62 – paragraph 2 a (new)
2 a. Upon establishing a causal link between the AI system and the serious incident or malfunctioning or the reasonable likelihood of such a link, providers shall take appropriate corrective actions pursuant to Article 21.
Amendment 2673 #
2021/0106(COD)
Proposal for a regulation
Article 62 – paragraph 3 a (new)
Article 62 – paragraph 3 a (new)
3 a. National supervisory authorities shall on an annual basis notify the Board of the serious incidents and malfunctioning reported to them in accordance with this Article.
Amendment 2674 #
2021/0106(COD)
Proposal for a regulation
Article 63 – paragraph 2
Article 63 – paragraph 2
2. The national supervisory authority shall report annually to the Commission on a regular basis the outcomes of relevant market surveillance activities. The national supervisory authority shall report, without delay, to the Commission and relevant national competition authorities any information identified in the course of market surveillance activities that may be of potential interest for the application of Union law on competition rules.
Amendment 2676 #
2021/0106(COD)
Proposal for a regulation
Article 63 – paragraph 3 a (new)
Article 63 – paragraph 3 a (new)
3 a. The procedures referred to in Articles 65, 66, 67 and 68 of this Regulation shall not apply to AI systems related to products, to which legal acts listed in Annex II, section A apply, when such legal acts already provide for procedures having the same objective. In such a case, these sectoral procedures shall apply instead.
Amendment 2679 #
2021/0106(COD)
Proposal for a regulation
Article 64 – paragraph 1
Article 64 – paragraph 1
1. AWithout prejudice to powers provided under Regulation (EU) 2019/1020, and where relevant and limited to what is necessary to fulfil their tasks, market surveillance authorities may request access to data and documentation in the context of their activities, the market surveillance authorities shall be granted full access to the training, validation and testing datasets used by the provider, including that are strictly necessary for the purpose of its request., including, where appropriate and subject to security safeguards, through application programming interfaces (‘API’) or other appropriate technical means and tools enabling remote access.
Amendment 2689 #
2021/0106(COD)
Proposal for a regulation
Article 64 – paragraph 2
Article 64 – paragraph 2
2. WhereMarket surveillance authorities shall be granted access to the source code of the high-risk AI system upon a reasoned request and only when the following cumulative conditions are fulfilled: a) Access to source code is necessary to assess the conformity of thea high-risk AI system with the requirements set out in Title III, Chapter 2, and upon a reasoned request, the market surveillance authorities shall be granted access to the source code of the AI system. b) testing/auditing procedures and verifications based on the data and documentation provided by the provider have been exhausted or proved insufficient.
Amendment 2709 #
2021/0106(COD)
Proposal for a regulation
Article 65 – paragraph 1
Article 65 – paragraph 1
1. AI systems presenting a risk shall be understood as a product presenting a risk defined in Article 3, point 19 of Regulation (EU) 2019/1020 insofar as risks to the health or safety or to the protection of fundamental rights of persons are concerned.
Amendment 2715 #
2021/0106(COD)
Proposal for a regulation
Article 65 – paragraph 2 – introductory part
Article 65 – paragraph 2 – introductory part
2. Where the market surveillance authority of a Member State has sufficient reasons to consider that an AI system presents a risk as referred to in paragraph 1, they shall carry out an evaluation of the AI system concerned in respect of its compliance with all the requirements and obligations laid down in this Regulation. When risks to the protection of fundamental rights are present, the market surveillance authority shall also inform the relevant national public authorities or bodies referred to in Article 64(3). The relevant operators shall cooperate as necessary with the market surveillance authorities and the other national public authorities or bodies referred to in Article 64(3).
Amendment 2722 #
2021/0106(COD)
Proposal for a regulation
Article 65 – paragraph 3
Article 65 – paragraph 3
3. Where the market surveillance authority considers that non-compliance is not restricted to its national territory, it shall inform the Commission and the other Member States without undue delay of the results of the evaluation and of the actions which it has required the operator to take.
Amendment 2726 #
2021/0106(COD)
Proposal for a regulation
Article 65 – paragraph 5
Article 65 – paragraph 5
5. Where the operator of an AI system does not take adequate corrective action within the period referred to in paragraph 2, the market surveillance authority shall take all appropriate provisional measures to prohibit or restrict the AI system's being made available on its national market, to withdraw the product from that market or to recall it. That authority shall informnotify the Commission and the other Member States, without delay, of those measures.
Amendment 2727 #
2021/0106(COD)
Proposal for a regulation
Article 65 – paragraph 6 – introductory part
Article 65 – paragraph 6 – introductory part
6. The informnotification referred to in paragraph 5 shall include all available details, in particular the datainformation necessary for the identification of the non- compliant AI system, the origin of the AI system, the nature of the non-compliance alleged and the risk involved, the nature and duration of the national measures taken and the arguments put forward by the relevant operator. In particular, the market surveillance authorities shall indicate whether the non-compliance is due to one or more of the following:
Amendment 2729 #
2021/0106(COD)
Proposal for a regulation
Article 65 – paragraph 6 – point a
Article 65 – paragraph 6 – point a
(a) a failure of the high-risk AI system to meet requirements set out in Title III, Chapter 2;
Amendment 2730 #
2021/0106(COD)
Proposal for a regulation
Article 65 – paragraph 6 – point b a (new)
Article 65 – paragraph 6 – point b a (new)
(b a) non-compliance with the prohibition of the artificial intelligence practices referred to in Article 5;
Amendment 2731 #
2021/0106(COD)
Proposal for a regulation
Article 65 – paragraph 6 – point b b (new)
Article 65 – paragraph 6 – point b b (new)
(b b) non-compliance with provisions set out in Article 52;
Amendment 2735 #
2021/0106(COD)
Proposal for a regulation
Article 65 – paragraph 8
Article 65 – paragraph 8
8. Where, within three months of receipt of the informnotification referred to in paragraph 5, no objection has been raised by either a Member State or the Commission in respect of a provisional measure taken by a Member State, that measure shall be deemed justified. This is without prejudice to the procedural rights of the concerned operator in accordance with Article 18 of Regulation (EU) 2019/1020. The period referred to in the first sentence of this paragraph shall be reduced to 30 days in the case of non- compliance with the prohibition of the artificial intelligence practices referred to in Article 5.
Amendment 2737 #
2021/0106(COD)
Proposal for a regulation
Article 65 – paragraph 9
Article 65 – paragraph 9
9. The market surveillance authorities of all Member States shall ensure that appropriate restrictive measures are taken in respect of the productAI system concerned, such as withdrawal of the product from their market, without delay.
Amendment 2739 #
2021/0106(COD)
Proposal for a regulation
Article 66 – paragraph 1
Article 66 – paragraph 1
1. Where, within three months of receipt of the notification referred to in Article 65(5), or 30 days in the case of non-compliance with the prohibition of the artificial intelligence practices referred to in Article 5, objections are raised by a Member State against a measure taken by another Member State, or where the Commission considers the measure to be contrary to Union law, the Commission shall without delay enter into consultation with the relevant Member State’s market surveillance authority and operator or operators and shall evaluate the national measure. On the basis of the results of that evaluation, the Commission shall decide whether the national measure is justified or not within 9 months, or 60 days in the case of non-compliance with the prohibition of the artificial intelligence practices referred to in Article 5, starting from the notification referred to in Article 65(5) and notify such decision to the Member State concerned. The Commission shall also inform all other Member States of such decision.
Amendment 2751 #
2021/0106(COD)
Proposal for a regulation
Article 67 – paragraph 1
Article 67 – paragraph 1
1. Where, having performed an evaluation under Article 65, the market surveillance authority of a Member State finds that although an AI system is in compliance with this Regulation, it presents a risk to the health or safety of persons, to the compliance with obligations under Union or national law intended to protect fundamental rights or to other aspects of public interest protection or to fundamental rights, it shall require the relevant operator to take all appropriate measures to ensure that the AI system concerned, when placed on the market or put into service, no longer presents that risk, to withdraw the AI system from the market or to recall it within a reasonable period, commensurate with the nature of the risk, as it may prescribe.
Amendment 2758 #
2021/0106(COD)
Proposal for a regulation
Article 67 – paragraph 4
Article 67 – paragraph 4
4. The Commission shall without delay enter into consultation with the Member States concerned and the relevant operator and shall evaluate the national measures taken. On the basis of the results of that evaluation, the Commission shall decide whether the measure is justified or not and, where necessary, propose appropriate measures.
Amendment 2762 #
2021/0106(COD)
5. The Commission shall address its decision to the Member States concerned, and inform all other Member States.
Amendment 2769 #
2021/0106(COD)
Proposal for a regulation
Article 68 – paragraph 2
Article 68 – paragraph 2
2. Where the non-compliance referred to in paragraph 1 persists, the Member State concerned shall take all appropriate and proportionate measures to restrict or prohibit the high- risk AI system being made available on the market or ensure that it is recalled or withdrawn from the market.
Amendment 2772 #
2021/0106(COD)
Proposal for a regulation
Article 68 a (new)
Article 68 a (new)
Amendment 2779 #
2021/0106(COD)
Proposal for a regulation
Article 68 b (new)
Article 68 b (new)
Article 68 b Right to an effective judicial remedy against a national supervisory authority 1. Without prejudice to any other administrative or non-judicial remedy, each natural or legal person shall have the right to an effective judicial remedy against a legally binding decision of a national supervisory authority concerning them. 2. Without prejudice to any other administrative or non-judicial remedy, each data subject shall have the right to a an effective judicial remedy where the national supervisory authority does not handle a complaint, does not inform the complainant on the progress or preliminary outcome of the complaint lodged within three months pursuant to Article 68a(3) or does not comply with its obligation to reach a final decision on the complaint within six months pursuant to Article 68a(4) or its obligations under Article 65. 3. Proceedings against a supervisory authority shall be brought before the courts of the Member State where the national supervisory authority is established.
Amendment 2787 #
2021/0106(COD)
Proposal for a regulation
Article 69 – paragraph 1
Article 69 – paragraph 1
1. The Commission and the Member Statesboard shall encourage and facilitate the drawing up of codes of conduct intended to foster the voluntary application to AI systems other than high-risk AI systems of the requirements set out in Title III, Chapter 2 on the basis of technical specifications and solutions that are appropriate means of ensuring compliance with such requirements in light of the intended purpose of the systems.
Amendment 2793 #
2021/0106(COD)
Proposal for a regulation
Article 69 – paragraph 4
Article 69 – paragraph 4
4. The Commission and the Board shall take into account the specific interests and needs of the small-scale providerSMEs and start-ups when encouraging and facilitating the drawing up of codes of conduct.
Amendment 2796 #
2021/0106(COD)
Proposal for a regulation
Article 70 – paragraph 1 – introductory part
Article 70 – paragraph 1 – introductory part
1. National competent authorities and, notified bodies involved in the application of this Regulation shall respect, the Commission, the Board, and any other natural or legal person involved in the application of this Regulation shall, in accordance with Union or national law, put appropriate technical and organisational measures in place to ensure the confidentiality of information and data obtained in carrying out their tasks and activities in such a manner as to protect, in particular:
Amendment 2803 #
2021/0106(COD)
Proposal for a regulation
Article 70 – paragraph 1 – point c a (new)
Article 70 – paragraph 1 – point c a (new)
Amendment 2821 #
2021/0106(COD)
Proposal for a regulation
Article 71 – paragraph 1
Article 71 – paragraph 1
1. In compliance with the terms and conditions laid down in this Regulation, Member States shall lay down the rules on penalties, including administrative fines, applicable to infringements of this Regulation and shall take all measures necessary to ensure that they are properly and effectively implemented. The penalties provided for shall be effective, proportionate, and dissuasive. They shall take into particular account the size and interests of small-scale providerSMEs and start-ups and their economic viability.
Amendment 2827 #
2021/0106(COD)
Proposal for a regulation
Article 71 – paragraph 2
Article 71 – paragraph 2
2. The Member States shall without delay notify the Commission of those rules and of those measures and shall notify it, without delay, of any subsequent amendment affecting them.
Amendment 2830 #
2021/0106(COD)
Proposal for a regulation
Article 71 – paragraph 3 – introductory part
Article 71 – paragraph 3 – introductory part
3. The following infringementsNon-compliance with the prohibition of the artificial intelligence practices referred to in Article 5 shall be subject to administrative fines of up to 320 000 000 EUR or, if the offender is a company, up to 64 % of its total worldwide annual turnover for the preceding financial year, and in case of SMEs and start-ups, up to 3% of its worldwide annual turnover for the preceding financial year, whichever is higher: . .
Amendment 2838 #
2021/0106(COD)
Proposal for a regulation
Article 71 – paragraph 3 – point a
Article 71 – paragraph 3 – point a
Amendment 2840 #
2021/0106(COD)
Proposal for a regulation
Article 71 – paragraph 3 – point b
Article 71 – paragraph 3 – point b
Amendment 2848 #
2021/0106(COD)
Proposal for a regulation
Article 71 – paragraph 4
Article 71 – paragraph 4
4. The grossly negligent non- compliance by the provider or the user of the AI s ystem with any requirements or obligations under this Regulation, other than those laid down in Articles 5 and 10, shall be subject to administrative fines of up to 210 000 000 EUR or, if the offender is a company, up to 42 % of its total worldwide annual turnover for the preceding financial year, whichever is higher.
Amendment 2864 #
2021/0106(COD)
Proposal for a regulation
Article 71 – paragraph 6 – point b
Article 71 – paragraph 6 – point b
(b) whether administrative fines have been already applied by other market surveillance authorities of one or more Member States to the same operator for the same infringement.
Amendment 2866 #
2021/0106(COD)
Proposal for a regulation
Article 71 – paragraph 6 – point c
Article 71 – paragraph 6 – point c
(c) the size, the annual turnover and market share of the operator committing the infringement;
Amendment 2881 #
2021/0106(COD)
Proposal for a regulation
Article 71 – paragraph 8 a (new)
Article 71 – paragraph 8 a (new)
Amendment 2962 #
2021/0106(COD)
Proposal for a regulation
Article 83 – paragraph 2
Article 83 – paragraph 2
2. This Regulation shall apply to the high-risk AI systems, other than the ones referred to in paragraph 1, that have been placed on the market or put into service before [date of application of this Regulation referred to in Article 85(2)], only if, from that date, those systems are subject to significant changesubstantial modification in their design or intended purpose as defined in Article 3(23) .
Amendment 2968 #
2021/0106(COD)
Proposal for a regulation
Article 84 – paragraph 1
Article 84 – paragraph 1
1. The Commission shall assess the need for amendment of the list in Annex III once a year following the entry into force of this Regulation. The findings of that assessment shall be presented to the European Parliament and the Council.
Amendment 2972 #
2021/0106(COD)
Proposal for a regulation
Article 84 – paragraph 1 a (new)
Article 84 – paragraph 1 a (new)
Amendment 2974 #
2021/0106(COD)
Proposal for a regulation
Article 84 – paragraph 3 – point a
Article 84 – paragraph 3 – point a
(a) the status of the financial, technical and human resources of the national competent authorities in order to effectively perform the tasks assigned to them under this Regulation;
Amendment 3001 #
2021/0106(COD)
Proposal for a regulation
Article 85 – paragraph 2
Article 85 – paragraph 2
2. This Regulation shall apply from [248 months following the entering into force of the Regulation].
Amendment 3007 #
2021/0106(COD)
Proposal for a regulation
Article 85 – paragraph 3 a (new)
Article 85 – paragraph 3 a (new)
3 a. Member States shall not until... [24 months after the date of application of this Regulation] impede the making available of AI systems and products which were placed on the market inconformity with Union harmonisation legislation before [the date of application of this Regulation].
Amendment 3008 #
2021/0106(COD)
Proposal for a regulation
Article 85 – paragraph 3 b (new)
Article 85 – paragraph 3 b (new)
Amendment 3017 #
2021/0106(COD)
Proposal for a regulation
Annex I – point b
Annex I – point b
Amendment 3024 #
2021/0106(COD)
Proposal for a regulation
Annex I – point c
Annex I – point c
Amendment 3045 #
2021/0106(COD)
Proposal for a regulation
Annex III – title
Annex III – title
Amendment 3059 #
2021/0106(COD)
Proposal for a regulation
Annex III – paragraph 1 – point 1 – point a
Annex III – paragraph 1 – point 1 – point a
(a) AI systems intended to be used for the ‘real-time’ and ‘post’ remote biometric identification of natural persons; , excluding verification/authentification systems whose sole purpose is to confirm that a specific natural person is the person he or she claims to be, and systems that are used to confirm the identity of a natural person for the sole purpose of having access to a service, a device or premises;
Amendment 3066 #
2021/0106(COD)
Proposal for a regulation
Annex III – paragraph 1 – point 1 – point a a (new)
Annex III – paragraph 1 – point 1 – point a a (new)
(a a) AI systems intended to be used to make inferences on the basis of biometric data, including emotion recognition systems, or biometrics-based data, including speech patterns, tone of voice, lip-reading and body language analysis, that produces legal effects or affects the rights and freedoms of natural persons.
Amendment 3102 #
2021/0106(COD)
Proposal for a regulation
Annex III – paragraph 1 – point 3 – point b
Annex III – paragraph 1 – point 3 – point b
(b) AI systems intended to be used for the purpose of assessing students in educational and vocational training institutions and for assessing participants in tests commonly required for admission to educationalthose institutions.
Amendment 3108 #
2021/0106(COD)
Proposal for a regulation
Annex III – paragraph 1 – point 4 – point a
Annex III – paragraph 1 – point 4 – point a
(a) AI systems intended to be used formake autonomous decisions or materially influence decisions about recruitment or selection of natural persons, notably for advertising vacancies, screening or filtering applications, evaluating candidates in the course of interviews or tests;
Amendment 3118 #
2021/0106(COD)
Proposal for a regulation
Annex III – paragraph 1 – point 4 – point b
Annex III – paragraph 1 – point 4 – point b
(b) AI intended to be used for makingmake autonomous decisions or materially influence decisions on promotion and termination of work- related contractual relationships, for task allocation and for monitoring and evaluating performance and behavior of persons in such relationships.
Amendment 3136 #
2021/0106(COD)
Proposal for a regulation
Annex III – paragraph 1 – point 5 – point b
Annex III – paragraph 1 – point 5 – point b
(b) AI systems intended to be used to evaluate the creditworthiness of natural persons or establish their credit score, with the exception of AI systems put into service by small scale providerSMEs and start-ups for their own use;
Amendment 3154 #
2021/0106(COD)
Proposal for a regulation
Annex III – paragraph 1 – point 6 – point a
Annex III – paragraph 1 – point 6 – point a
(a) AI systems intended to be used by law enforcement authorities or on their behalf for making individual risk assessments of natural persons in order to assess the risk of a natural person for offending or reoffending or the risk for potential victims of criminal offences;
Amendment 3164 #
2021/0106(COD)
Proposal for a regulation
Annex III – paragraph 1 – point 6 – point b
Annex III – paragraph 1 – point 6 – point b
(b) AI systems intended to be used by law enforcement authorities or on their behalf as polygraphs and similar tools or to detect the emotional state of a natural person;
Amendment 3168 #
2021/0106(COD)
Proposal for a regulation
Annex III – paragraph 1 – point 6 – point c
Annex III – paragraph 1 – point 6 – point c
(c) AI systems intended to be used by law enforcement authorities or on their behalf to detect deep fakes as referred to in article 52(3);
Amendment 3172 #
2021/0106(COD)
Proposal for a regulation
Annex III – paragraph 1 – point 6 – point d
Annex III – paragraph 1 – point 6 – point d
(d) AI systems intended to be used by law enforcement authorities or on their behalf for evaluation of the reliability of evidence in the course of investigation or prosecution of criminal offences;
Amendment 3177 #
2021/0106(COD)
Proposal for a regulation
Annex III – paragraph 1 – point 6 – point e
Annex III – paragraph 1 – point 6 – point e
Amendment 3184 #
2021/0106(COD)
Proposal for a regulation
Annex III – paragraph 1 – point 6 – point f
Annex III – paragraph 1 – point 6 – point f
(f) AI systems intended to be used by law enforcement authorities or on their behalf for profiling of natural persons as referred to in Article 3(4) of Directive (EU) 2016/680 in the course of detection, investigation or prosecution of criminal offences;
Amendment 3188 #
2021/0106(COD)
Proposal for a regulation
Annex III – paragraph 1 – point 6 – point g
Annex III – paragraph 1 – point 6 – point g
(g) AI systems intended to be used by law enforcement authorities or on their behalf for crime analytics regarding natural persons, allowing law enforcement authorities to search complex related and unrelated large data sets available in different data sources or in different data formats in order to identify unknown patterns or discover hidden relationships in the data.
Amendment 3195 #
2021/0106(COD)
Proposal for a regulation
Annex III – paragraph 1 – point 7 – point a
Annex III – paragraph 1 – point 7 – point a
(a) AI systems intended to be used by competent public authorities or on their behalf as polygraphs and similar tools or to detect the emotional state of a natural person;
Amendment 3205 #
2021/0106(COD)
Proposal for a regulation
Annex III – paragraph 1 – point 7 – point b
Annex III – paragraph 1 – point 7 – point b
(b) AI systems intended to be used by competent public authorities or on their behalf to assess a risk, including a security risk, a risk of irregular immigration, or a health risk, posed by a natural person who intends to enter or has entered into the territory of a Member State;
Amendment 3207 #
2021/0106(COD)
Proposal for a regulation
Annex III – paragraph 1 – point 7 – point c
Annex III – paragraph 1 – point 7 – point c
(c) AI systems intended to be used by competent public authorities or on their behalf for the verification of the authenticity of travel documents and supporting documentation of natural persons and detect non-authentic documents by checking their security features;
Amendment 3214 #
2021/0106(COD)
Proposal for a regulation
Annex III – paragraph 1 – point 7 – point d
Annex III – paragraph 1 – point 7 – point d
(d) AI systems intended to assist competent public authorities or on their behalf for the examination of applications for asylum, visa and residence permits and associated complaints with regard to the eligibility of the natural persons applying for a status.
Amendment 3216 #
2021/0106(COD)
Proposal for a regulation
Annex III – paragraph 1 – point 7 – point d
Annex III – paragraph 1 – point 7 – point d
(d) AI systems intended to assistbe used by competent public authorities for the examination of applications for asylum, visa and residence permits and associated complaints with regard to the eligibility of the natural persons applying for a status.
Amendment 3233 #
2021/0106(COD)
Proposal for a regulation
Annex III – paragraph 1 – point 8 – point a
Annex III – paragraph 1 – point 8 – point a
(a) AI systems intended to assist abe used by judicial authority in researching andies or on their behalf in interpreting facts andor the law and infor applying the law to a concrete set of facts.
Amendment 3279 #
2021/0106(COD)
Proposal for a regulation
Annex IV – paragraph 1 – point 5
Annex IV – paragraph 1 – point 5
5. A description of relevanyt changes made by providers to the system through its lifecycle;
Amendment 3281 #
2021/0106(COD)
Proposal for a regulation
Annex IV – paragraph 1 – point 6
Annex IV – paragraph 1 – point 6
6. A list of the harmonised standards applied in full or in part the references of which have been published in the Official Journal of the European Union; where no such harmonised standards have been applied, a detailed description of the solutions adopted to meet the requirements set out in Title III, Chapter 2, including a list of common specifications or other relevant standards and technical specifications applied;
Amendment 3312 #
2021/0106(COD)
Proposal for a regulation
Annex IX a (new)
Annex IX a (new)
Amendment 110 #
2021/0105(COD)
Proposal for a regulation
Recital 19
Recital 19
(19) Where machinery products pose risks that are addressed by the essential health and safety requirements set out in this Regulation but are also wholly or partly covered by other more specific Union legislation, this Regulation should not apply to the extent that those risks are covered by that other Union legislation. In other cases, machinery products may pose risks that are not covered by the essential health and safety requirements set out in this Regulation. For example, machinery products incorporating a Wi-Fi function or an artificial intelligence system may pose risks not addressed by the essential health and safety requirements set out in this Regulation, as this Regulation does not deal with risks specific to such systems. For artificial intelligence systems, the specific Union legislation on artificial intelligence should apply, since it contains specific safety requirements for high-risk artificial intelligence systems that pose significant risks to the health and safety or fundamental rights of persons. In order to avoid incoherence with regard to the type of conformity assessment and to avoid introducing requirements to perform two conformity assessments, those specific safety requirements should however be checked as part of the conformity assessment procedure set out in this Regulation. The essential health and safety requirements set out in this Regulation should in any case be applied in order to ensure, where applicable, the safe integration of the artificial intelligence system into the overall machinery, so as not to compromise the safety of the machinery product as a whole.
Amendment 111 #
2021/0105(COD)
Proposal for a regulation
Recital 21
Recital 21
(21) The evolution of the state of the art in the machinery sector has an impact on the classification of high-risk machinery products that potentially pose a high risk. In view of properly reflecting all high-risk machinery products potentially posing a high risk, criteria should be established for the assessment by the Commission of which machinery products should be included in the listAnnex I of thigh risk machinery productss Regulation, containing the list of machinery products that potentially pose a high risk.
Amendment 113 #
2021/0105(COD)
Proposal for a regulation
Recital 29
Recital 29
(29) The manufacturer or the manufacturer’s authorised representative should also ensure that a risk assessment is carried out for the machinery product, which the manufacturer wishes to place on the market. For this purpose, the manufacturer should determine which of the essential health and safety requirements that are applicable to the machinery product and in respect of which measures must be taken to address the risks that the machinery product may present. Where the machinery product integrates an artificial intelligence system, the risks identified during the risk assessment should include those risks that may appear during the machinery product’s lifecycle due to an intended evolution of its behaviour to operate with varying levels of autonomy. In this respect, where the machinery product integrates an artificial intelligence system, the risk assessment for the machinery product should consider the risk assessment for that artificial intelligence system that has been carried out pursuant to Regulation (EU) .../... of the European Parliament and of the Council23 . __________________ 23 + OJ: Please insert in the text the number of the Regulation contained in document ….
Amendment 118 #
2021/0105(COD)
Proposal for a regulation
Recital 34
Recital 34
(34) When placing machinery products on the market, the importer should indicate on the machinery product his or her name, registered trade name or registered trade mark, the e-mail address and the postal address at which he or she can be contacted. Exceptions should be provided for in cases where the size or nature of the machinery product does not allow it. This includes cases where the importer would have to open the packaging to put his or her name and address on the machinery product.
Amendment 120 #
2021/0105(COD)
Proposal for a regulation
Recital 45
Recital 45
(45) The list of high-risk machinery in Annex IV to Directive 2006/42/EC is so far based on the risk emanating from the intended use or any reasonably foreseeable misuse of that machinery. Nevertheless, the machinery sector embraces new ways of designing and constructing machinery products that may imply high risks, regardless of such intended use or any reasonably foreseeable misuse. For example, software ensuring safety functions of machinery based on artificial intelligence, embedded or not in the machinery product, should be classified as a high-risk machinery product due to the characteristics of artificial intelligence such as data dependency, opacity, autonomy and connectivity, which might increase very much the probability and severity of harm and seriously affect the safety of the machinery product. Furthermore, the market for software ensuring safety functions of machinery products based on artificial intelligence is so far very small, which results in a lack of experience and data. Therefore, the conformity assessment of software ensuring safety functions based on artificial intelligence should be carried out by a third party.
Amendment 126 #
2021/0105(COD)
Proposal for a regulation
Recital 50
Recital 50
(50) Manufacturers should bare responsible for certifying the conformity of their machinery products with this Regulation. Nevertheless, for certain types of machinery products that have a higher risk fto make sure that a conformity assessment of their machinery products is carried out in actcor, a stricter certification procedure requiring participation of a notified body should be requireddance with this Regulation.
Amendment 129 #
2021/0105(COD)
Proposal for a regulation
Recital 65
Recital 65
(65) In order to take into account technical progress and knowledge or new scientific evidence, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of amending the list of high-riskAnnex I machinery products and the indicative list of safety components. It is of particular importance that the Commission carries out appropriate consultations during its preparatory work, including atwith expert levels and stakeholders. The Commission, when preparing and drawing up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and to the Council.
Amendment 144 #
2021/0105(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point e
Article 2 – paragraph 2 – point e
(e) vehicles which have as their only objective the transport of goods, animals or persons by road, air, water or rail except for machinery mounted on those vehicles; the manufacturers of vehicles shall provide information on fastening, statics, mass/forces and similar important product details that affect the safe functioning when mounting machinery on the vehicle to end users upon request.
Amendment 148 #
2021/0105(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point f
Article 2 – paragraph 2 – point f
(f) two- or three-wheel vehicles and quadricycles, as well as systems, components, separate technical units, parts and equipment designed and constructed for such vehicles, that fall within the scope of application of Regulation (EU) No 168/2013approved according to Regulation (EU) No 168/2013 except for machinery mounted on those vehicles;
Amendment 153 #
2021/0105(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point g
Article 2 – paragraph 2 – point g
(g) agricultural and forestry vehicles, as well as systems, components, separate technical units, parts and equipment designed and constructed for such vehicles, that fall within the scope of application of Regulation (EU) No 167/2013are approved according to Regulation (EU) No 167/2013, except for machinery mounted on those vehicles;
Amendment 155 #
2021/0105(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point g a (new)
Article 2 – paragraph 2 – point g a (new)
(ga) motor vehicles and their trailers as well as systems, components, separate technical units, parts and equipment designed and constructed for such vehicles, that are approved according to Regulation (EU) No 2018/858, except for machinery mounted on those vehicles;
Amendment 158 #
2021/0105(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point g b (new)
Article 2 – paragraph 2 – point g b (new)
(gb) motor vehicles exclusively intended for competition;
Amendment 159 #
2021/0105(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point g c (new)
Article 2 – paragraph 2 – point g c (new)
(gc) assemblies of CE marked pressure equipment within the meaning of Directive 2014/68/EU;
Amendment 164 #
2021/0105(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 1 – point f
Article 3 – paragraph 1 – point 1 – point f
(f) an assembly as referred to in points (a), (b), (c), (d) and (e) missing only the upload of a software intended for its specific application, if the safe use does not depend on this software.
Amendment 168 #
2021/0105(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 3
Article 3 – paragraph 1 – point 3
(3) ‘safety component’ means a physical or digital component, including software, of a machinery which servesproduct, except partly completed machinery, which is designed or intended to fulfil a safety function and which is independently placed on the market, the failure or malfunction of which endangers the safety of persons but which is not necessary in order for the machinery to function or may be substituted by normal components in order for the machinery to function;
Amendment 172 #
2021/0105(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 13
Article 3 – paragraph 1 – point 13
(13) ‘putting into service’ means the first use, for its intended purpose, in the Union, of a machinery product except for partly completed machinery;
Amendment 175 #
2021/0105(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 16
Article 3 – paragraph 1 – point 16
(16) ‘substantial modification’ means a modification of a machinery product, except for partly completed machinery, by physical or digital means after that machinery product has been placed on the market or put into service, which is not foreseen or planned by the manufacturer and as a result of which the compliance of the machinery product with the relevant essential health and safety requirements may be affected. A substantial modification is given if the remaining risk is increased by the modification of the machine under the application of all necessary protective measures;
Amendment 182 #
2021/0105(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 18
Article 3 – paragraph 1 – point 18
(18) ‘instructions for use’ means the information provided by the manufacturer when the machinery product, except for partly completed machinery, is placed on the market or put into service to inform the user of the machinery product of the intended purpose and the proper use of that machinery product as well as information on any precautions to be taken when using or installing the machinery product, including information on the safety aspects;
Amendment 186 #
2021/0105(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 28
Article 3 – paragraph 1 – point 28
(28) ‘conformity assessment’ means the process demonstrating whether the essential health and safety requirements of this Regulation relating to machinery products, except for partly completed machinery, have been fulfilled;
Amendment 191 #
2021/0105(COD)
Proposal for a regulation
Article 5 – title
Article 5 – title
Amendment 194 #
2021/0105(COD)
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
1. High-risk mMachinery products listed in Annex I shall be subject to a specific conformity assessment procedure, as referred to in Article 21(2).
Amendment 199 #
2021/0105(COD)
Proposal for a regulation
Article 5 – paragraph 2
Article 5 – paragraph 2
2. The Commission is empowered to adopt delegated acts in accordance with Article 45 to amend Annex I in view of technical progress and knowledge or new scientific evidence by including in the list of high-riskAnnex I machinery products a new machinery product or withdrawing an existing machinery product from that list, pursuant to the criteria laid down in paragraphs 3 and 4.
Amendment 203 #
2021/0105(COD)
Proposal for a regulation
Article 5 – paragraph 3 – subparagraph 1
Article 5 – paragraph 3 – subparagraph 1
A machinery product shall be included in the list of high-risk machinery products in Annex I if it poses a risk to human health taking into account its design and intended purpose. A machinery product shall be withdrawn from the list of high-risk machinery products in Annex I if it no longer poses such risk. The risk posed by a certain machinery product shall be established based on the combination of the probability of occurrence of harm and the severity of that harm.
Amendment 221 #
2021/0105(COD)
Proposal for a regulation
Article 10 – paragraph 10 a (new)
Article 10 – paragraph 10 a (new)
10a. Manufacturers shall provide users with information on security-related updates and identified cyber risks in a timely and reliable manner.
Amendment 222 #
2021/0105(COD)
Proposal for a regulation
Article 10 – paragraph 10 b (new)
Article 10 – paragraph 10 b (new)
10b. Manufacturers shall ensure access to stable and ongoing technical support over the normal lifetime of a machinery product, if its safety depends on software.
Amendment 238 #
2021/0105(COD)
Proposal for a regulation
Article 17 – paragraph 3 – point a
Article 17 – paragraph 3 – point a
(a) no reference to harmonised standards covering the relevant essential health and safety requirements is published in the Official Journal of the European Union in accordance with Regulation (EU) No 1025/2012 and no candidate standard is expected to be published;
Amendment 243 #
2021/0105(COD)
Proposal for a regulation
Article 17 – paragraph 3 – point b
Article 17 – paragraph 3 – point b
(b) the Commission has requested one or more European standardisation organisations to draft a harmonised standard for the essential health and safety requirements and there are undue delays in the standardisation procedure or the request has cannot been accepted by any of the European standardisation organisations due to problems that cannot be solved.
Amendment 252 #
2021/0105(COD)
Proposal for a regulation
Article 18 – paragraph 2
Article 18 – paragraph 2
2. The EU declaration of conformity shall have the model structure set out in Annex V, shall contain the elements specified in the relevant modules set out in Annexes VI, VII, VIII and IX and shall be continuously updated. It shall be translated into the language or languages required by the Member State in which the machinery product is placed on the market or is made available on the market.
Amendment 256 #
2021/0105(COD)
Proposal for a regulation
Article 21 – paragraph 1
Article 21 – paragraph 1
1. In order to certifyassess the conformity of a machinery product with this Regulation, the manufacturer or its authorised representative and the person who has carried out a substantial modification to the machinery product, shall apply one of the procedures for assessment of conformity referred to in paragraphs 2 and 3.
Amendment 257 #
2021/0105(COD)
Proposal for a regulation
Article 21 – paragraph 2 – introductory part
Article 21 – paragraph 2 – introductory part
2. Where the machinery product is a high-risk machinery product listed in Annex I, the manufacturer or the manufacturer’s authorised representative and the person who has carried out a substantial modification to the machinery product shall apply one of the following procedures:
Amendment 259 #
2021/0105(COD)
Proposal for a regulation
Article 21 – paragraph 2 – point -a (new)
Article 21 – paragraph 2 – point -a (new)
(-a) the internal production control procedure (module A) set out in Annex VI;
Amendment 263 #
2021/0105(COD)
Proposal for a regulation
Article 21 – paragraph 3
Article 21 – paragraph 3
3. Where the machinery product is not a high-risk machinery product listed in Annex I, the manufacturer or the manufacturer’s authorised representative and the person who has made a substantial modification to the machinery product shall apply the internal production control procedure (module A) set out in Annex VI.
Amendment 267 #
2021/0105(COD)
Proposal for a regulation
Article 22 – title
Article 22 – title
Amendment 268 #
2021/0105(COD)
Proposal for a regulation
Article 22 – paragraph 1 – introductory part
Article 22 – paragraph 1 – introductory part
1. The manufacturer of partly completed machinery or the manufacturer’s authorised representative shall, before placing partly completed machinery on the market, ensure that the following documents are drawn up in paper or digital form:
Amendment 302 #
2021/0105(COD)
Proposal for a regulation
Article 49 – paragraph 2 – subparagraph 1
Article 49 – paragraph 2 – subparagraph 1
Directive 2006/42/EC is repealed with effect from … [3048 months after the date of entry into force of this Regulation].
Amendment 306 #
2021/0105(COD)
Proposal for a regulation
Article 50 – paragraph 1
Article 50 – paragraph 1
1. Member States shall not until … [4260 months after the date of entry into force of this Regulation] impede the making available on the market of machinery which was placed on the market in conformity with Directive 2006/42/EC before … [the date of entry into force of this Regulation]. However, Chapter VI of this Regulation shall apply mutatis mutandis to such machinery instead of Article 11 of that Directive, including machinery for which a procedure has already been initiated under Article 11 of Directive 2006/42/EC as from … [the date of entry into force of this Regulation].
Amendment 308 #
2021/0105(COD)
Proposal for a regulation
Article 50 – paragraph 2
Article 50 – paragraph 2
2. EC type-examination certificates and approval decisions issued in accordance with Article 14 of Directive 2006/42/EC shall remain valid until … [4260 months after the date of entry into force of this Regulation], unless they expire before that date.
Amendment 309 #
2021/0105(COD)
Proposal for a regulation
Article 51 – paragraph 1
Article 51 – paragraph 1
1. By … [5472 months after the date of entry into force of this Regulation] and every four years thereafter, the Commission shall submit a report on the evaluation and review of this Regulation to the European Parliament and to the Council. The reports shall be made public.
Amendment 310 #
2021/0105(COD)
Proposal for a regulation
Article 51 – paragraph 2 – subparagraph 1– point b
Article 51 – paragraph 2 – subparagraph 1– point b
(b) the conformity assessment procedure applicable to high-risk machinery products listed in Annex I.
Amendment 312 #
2021/0105(COD)
Proposal for a regulation
Article 52 – paragraph 2
Article 52 – paragraph 2
It shall apply from … [3048 months after the date of entry into force of this Regulation].
Amendment 314 #
2021/0105(COD)
Proposal for a regulation
Annex I – subheading 1
Annex I – subheading 1
Amendment 319 #
2021/0105(COD)
Proposal for a regulation
Annex I – point 24
Annex I – point 24
24. Software ensuring safety functions, including AI system, including AI systems, fulfilling safety functions.
Amendment 324 #
2021/0105(COD)
Proposal for a regulation
Annex I – point 25
Annex I – point 25
25. Machinery embedding AI systems ensuring safety functions, if these AI systems have not already been subjected to a conformity assessment.
Amendment 331 #
2021/0105(COD)
Proposal for a regulation
Annex II – point 18
Annex II – point 18
18. Software ensuring safety functions, including AI system, including AI systems, fulfilling safety functions.
Amendment 333 #
2021/0105(COD)
Proposal for a regulation
Annex III – point 1 – paragraph 1
Annex III – point 1 – paragraph 1
The manufacturer of a machinery product or his or her authorised representative shall ensure that a risk assessment is carried out in order to determine the health and safety requirements, which apply to the machinery product. The machinery product shall then be designed and constructed to prevent andor minimise all relevant risks, taking into account the results of the risk assessment.
Amendment 334 #
2021/0105(COD)
Proposal for a regulation
Annex III – point 1 – paragraph 2 – introductory part
Annex III – point 1 – paragraph 2 – introductory part
By the iterative process of risk assessment and risk reduction referred to in the first subparagraph, the manufacturer or his or her authorised representative shall:
Amendment 335 #
2021/0105(COD)
Proposal for a regulation
Annex III – point 2
Annex III – point 2
2. The obligations laid down by the essential health and safety requirements only apply when the corresponding hazard exists for the machinery product in question when it is used under the conditions foreseen by the manufacturer or his or her authorised representative or in foreseeable abnormal situations. However, the principles of safety integration established in section 1.1.2 and the obligations concerning marking of machinery products and instructions referred to in sections 1.7.3 and 1.7.4 apply in all cases.
Amendment 340 #
2021/0105(COD)
Proposal for a regulation
Annex III – Part 1 – point 1.1 – point 1.1.2 – point e
Annex III – Part 1 – point 1.1 – point 1.1.2 – point e
(e) A machinery product shall be designed and constructed in such a way that it is possible for the user to test the safety functions, and t where applicable. The machinery product shall be supplied with all the special equipment and accessories, and where appropriate, with the description of specific functional test procedures, essential to enable it to be tested, adjusted, maintained and used safely.
Amendment 348 #
2021/0105(COD)
Proposal for a regulation
Annex III – Part 1 – point 1.1 – point 1.1.6 point f
Annex III – Part 1 – point 1.1 – point 1.1.6 point f
(f) adapting a machinery product with intended fully or partially evolving behaviour or logic that is designed to operate with varying levels of autonomy to respond to people adequately and appropriately (verbally through words and non-verbally through gestures, facial expressions or body movement) and to communicate its planned actions (what it is going to do and why) to operators in a comprehensible manner.
Amendment 359 #
2021/0105(COD)
Proposal for a regulation
Annex III – Part 1 – point 1.1 – point 1.1.9 – paragraph 5
Annex III – Part 1 – point 1.1 – point 1.1.9 – paragraph 5
Amendment 364 #
2021/0105(COD)
Proposal for a regulation
Annex III – Part 1 – point 1.2 – point 1.2.1 – paragraph 2 – point a
Annex III – Part 1 – point 1.2 – point 1.2.1 – paragraph 2 – point a
(a) they can withstand, where appropriate to the circumstances and the risks, the intended operating stresses and intended and unintended external influences, including malicious attempts from third parties to create a hazardous situation;
Amendment 372 #
2021/0105(COD)
Proposal for a regulation
Annex III – Part 1 – point 1.2 – point 1.2.1 – paragraph 6
Annex III – Part 1 – point 1.2 – point 1.2.1 – paragraph 6
Amendment 381 #
2021/0105(COD)
Proposal for a regulation
Annex III – Part 1 – point 1.3 – point 1.3.7 – paragraph 5
Annex III – Part 1 – point 1.3 – point 1.3.7 – paragraph 5
The machinery product with fully or partially evolving behaviour or logic that is designed to operate with varying levels of autonomy shall be adapted to respond to people adequately and appropriately (verbally through words or nonverbally through visual or audio signals, gestures, facial expressions or body movement) and to communicate its planned actions (what it is going to do and why) to operators in a comprehensible manner.
Amendment 385 #
2021/0105(COD)
Proposal for a regulation
Annex III – Part 1 – point 1.6 – point 1.6.2 – paragraph 2
Annex III – Part 1 – point 1.6 – point 1.6.2 – paragraph 2
In the case of machinery into which persons shall enter for operation, adjustment, maintenance or cleaning, the machinery accesses shall be dimenesiogned and adapted for the use of rescue equipment in such a way that a timely rescue of the persons is guaranteedin a way that takes emergency rescue into account.
Amendment 389 #
2021/0105(COD)
Proposal for a regulation
Annex III – Part 1 – point 1.7 – point 1.7.4 – paragraph 4 – point c
Annex III – Part 1 – point 1.7 – point 1.7.4 – paragraph 4 – point c
(c) be presented in a format that makes it is possible for the end user to download the instructions throughout the expected lifetime of the machinery product and save them on an electronic device so that he or she can access them at all times, in particular during a breakdown of the machine. This requirement also applies to a machinery product where the instruction manual is embedded in the software of the machinery product. General principles for the drafting of instructions
Amendment 397 #
2021/0105(COD)
Proposal for a regulation
Annex III – Part 2 – point 2.2 – point 2.2.1 – point 2.2.1.1 – paragraph 1 – point b
Annex III – Part 2 – point 2.2 – point 2.2.1 – point 2.2.1.1 – paragraph 1 – point b
Amendment 402 #
2021/0105(COD)
Proposal for a regulation
Annex III – Part 3 – point 3.2 – point 3.2.2 – paragraph 1
Annex III – Part 3 – point 3.2 – point 3.2.2 – paragraph 1
Where there is a risk that operators or other persons transported by the machinery may be crushed between parts of the machinery and the surroundings should the machinery roll or tip over, in particular for machinery equipped with a protective structure referred to in section 3.4.3 or 3.4.4, the machinery shall be designed or equipped with a restraint system so as to keep the persons in their seats or in the protective structure, without restricting movements necessary for operations or movements relative to the structure caused by the suspension of the seats. Such restraint systems or provision shall not be fitted if they increase the risktake ergonomic principles into account and must not be fitted if they increase the risk. When the restraint system is not activated, the machine shall be prevented from moving if there is a considerable risk of rolling or tipping over.
Amendment 407 #
2021/0105(COD)
Proposal for a regulation
Annex III – Part 3 – point 3.2 – point 3.2.2 – paragraph 2
Annex III – Part 3 – point 3.2 – point 3.2.2 – paragraph 2
A visual or audible signal shall be provided at the driving position alerting the driver when the driver is in the driving position and not using the restraint system is not active.
Amendment 411 #
2021/0105(COD)
Proposal for a regulation
Annex III – Part 3 – point 3.2 – point 3.2.4 – paragraph 1
Annex III – Part 3 – point 3.2 – point 3.2.4 – paragraph 1
Amendment 413 #
2021/0105(COD)
Proposal for a regulation
Annex III – Part 3 – point 3.2 – point 3.2.4 – paragraph 2
Annex III – Part 3 – point 3.2 – point 3.2.4 – paragraph 2
Amendment 414 #
2021/0105(COD)
Proposal for a regulation
Annex III – Part 3 – point 3.2 – point 3.2.4 – paragraph 3
Annex III – Part 3 – point 3.2 – point 3.2.4 – paragraph 3
Amendment 415 #
2021/0105(COD)
Proposal for a regulation
Annex III – Part 3 – point 3.2 – point 3.2.4 – paragraph 4
Annex III – Part 3 – point 3.2 – point 3.2.4 – paragraph 4
Amendment 416 #
2021/0105(COD)
Proposal for a regulation
Annex III – Part 3 – point 3.3 – point 3.3.3 – paragraph 6 – introductory part
Annex III – Part 3 – point 3.3 – point 3.3.3 – paragraph 6 – introductory part
Autonomous mobile machinery products shall comply with anyone or both of the following conditions:
Amendment 426 #
2021/0105(COD)
Proposal for a regulation
Annex III – Part 3 – point 3.6 – point 3.6.3 – point 3.6.3.1 – paragraph 1 – point b
Annex III – Part 3 – point 3.6 – point 3.6.3 – point 3.6.3.1 – paragraph 1 – point b
Amendment 427 #
2021/0105(COD)
Proposal for a regulation
Annex III – Part 4 – point 4.1 – point 4.1.3 – paragraph 1
Annex III – Part 4 – point 4.1 – point 4.1.3 – paragraph 1
When lifting machinery or lifting accessories are placed on the market or are first put into service, the manufacturer or his or her authorised representative shall ensure, by taking appropriate measures or having them taken, that the machinery or the lifting accessories which are ready for use — whether manually or power- operated — can fulfil their specified functions safely.
Amendment 428 #
2021/0105(COD)
Proposal for a regulation
Annex III – Part 4 – point 4.3 – point 4.3.1 – paragraph 1
Annex III – Part 4 – point 4.3 – point 4.3.1 – paragraph 1
Each length of lifting chain, rope or webbing not forming part of an assembly shall bear a mark or, where this is not possible, a plate or irremovable ring bearing the name and address of the manufacturer or his or her authorised representative and the identifying reference of the relevant certificatedeclaration of conformity.
Amendment 430 #
2021/0105(COD)
Proposal for a regulation
Annex IV – Part A – paragraph 2 – point a
Annex IV – Part A – paragraph 2 – point a
(a) a complete description of the machinery product and of its intended use;
Amendment 432 #
2021/0105(COD)
Proposal for a regulation
Annex V – point 3
Annex V – point 3
3. The address where the machinery product is permanently installed only for lifting machinery products for lifting persons from one level of a building to another level installed in a building or a structure:
Amendment 433 #
2021/0105(COD)
Proposal for a regulation
Annex V – point 6
Annex V – point 6
6. The object of the declaration described in point 45 is in conformity with the relevant Union harmonisation legislation:
Amendment 434 #
2021/0105(COD)
Proposal for a regulation
Annex VII – point 2
Annex VII – point 2
Amendment 438 #
2021/0105(COD)
Proposal for a regulation
Annex X – paragraph 2 a (new)
Annex X – paragraph 2 a (new)
The assembly instructions are provided by the manufacturer in digital form.
Amendment 49 #
2021/0045(COD)
Proposal for a regulation
Recital 35
Recital 35
(35) A contract which includes any type of regulated retail roaming service should specify the characteristics of that regulated retail roaming service, including the expected level of quality of service. The provider should make available clear and comprehensible information on relevant factors that can affect the quality of service, such as availability of certain technologies, coverage or variation due to external factors such as topography, as well as information regarding transfer rate and available access technologies of each visited operator in each Member State.
Amendment 75 #
2021/0045(COD)
Proposal for a regulation
Recital 63
Recital 63
(63) Since the objectives of this Regulation, namely to provide for a common approach for ensuring that users of public mobile communications networks, when travelling within the Union, and while using non-terrestrial networks with automatic handover on board aircrafts or marine vessels, do not pay excessive prices for Union-wide roaming services in comparison with competitive national prices, while increasing transparency and consumer rights, as well as ensuring sustainability of the provision of retail roaming services at domestic prices as well as a genuine RLAH experience in terms of quality of service and access to emergency services while roaming, cannot be sufficiently achieved by the Member States but can rather be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve those objectives.
Amendment 87 #
2021/0045(COD)
Proposal for a regulation
Article 9 – paragraph 3 – point c
Article 9 – paragraph 3 – point c
(c) clear and comprehensible information about the quality of service that can reasonably be expected when roaming in the Union including the estimated download and upload speed of the data access services.
Amendment 97 #
2021/0045(COD)
Proposal for a regulation
Article 14 – paragraph 1 – subparagraph 7
Article 14 – paragraph 1 – subparagraph 7
The first, second, fifth and sixth subparagraphs, with the exception of the reference to the fair use policy and the surcharge applied in accordance with Article 7, shall also apply to voice and SMS roaming services used by roaming customers travelling outside the Union and provided by a roaming provider and for using non-terrestrial networks on board of aircrafts or marine vessels.
Amendment 100 #
2021/0045(COD)
Proposal for a regulation
Article 14 – paragraph 5
Article 14 – paragraph 5
5. Roaming providers shall make available information to their customers on how to avoid inadvertent roaming while using of non-terrestrial networks with automatic handover on board aircrafts or marine vessels and in border regions. Roaming providers shall take reasonable steps to protect their customers from paying roaming charges for inadvertently accessed roaming services while situated in their home Member State.
Amendment 3 #
2020/2276(INI)
Motion for a resolution
Citation 3 a (new)
Citation 3 a (new)
— having regard to its resolution of 15 January 2020 on the European Green Deal; 1a _________________ 1a 2019/2930(RSP)
Amendment 4 #
2020/2276(INI)
Motion for a resolution
Citation 3 b (new)
Citation 3 b (new)
— having regard to the Commission communication of 11 December 2019 to the European Parliament, the European Council, the Council, the European Economic and Social Committee and the Committee of the Regions entitled ‘The European Green Deal’(COM(2019)0640);
Amendment 5 #
2020/2276(INI)
Motion for a resolution
Citation 7 a (new)
Citation 7 a (new)
— having regard to its resolution of 16 January 2020 on the 15th meeting of the Conference of Parties (COP15) to the Convention on Biological Diversity; 11a _________________ 11a 2019/2824(RSP)
Amendment 9 #
2020/2276(INI)
Motion for a resolution
Citation 20 a (new)
Citation 20 a (new)
— having regard to the Commission communication of 17 May 2021 to the European Parliament, the European Council, the Council, the European Economic and Social Committee and the Committee of the Regions on a new approach for a sustainable blue economy in the EU Transforming the EU's Blue Economy for a Sustainable Future (COM/2021/240);
Amendment 13 #
2020/2276(INI)
Motion for a resolution
Recital A a (new)
Recital A a (new)
A a. whereas the Atlantic area is the largest sea basin in the European Union;
Amendment 14 #
2020/2276(INI)
Motion for a resolution
Recital B
Recital B
B. whereas coastal and maritime tourism has been hit particularly hard by the socioeconomic crisis caused by the COVID-19 pandemic, even though it is a major source of employment for the Atlantic regions;
Amendment 17 #
2020/2276(INI)
Motion for a resolution
Recital D
Recital D
D. whereas the European Atlantic area extends off the African coast to encompass Madeira, the Azores and the Canary Islands, and across the Atlantic to take in the Netherlands Antilles, the French Antilles, French Guiana and Saint Pierre and Miquelon, and whereas the Atlantic strategy should address all these regions while remaining open toenabling a close cooperation with third countries and their regions;
Amendment 26 #
2020/2276(INI)
Motion for a resolution
Recital J a (new)
Recital J a (new)
Amendment 34 #
2020/2276(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Points out that the 1 200 new maritime projects announced by the Commission, worth almost EUR 6 billion, have no direct link to the Atlantic strategy, and takes the view that the regions have been insufficiently involved in the governance of the strategy; regrets the ex- post rationalisation which does not provide a real overview of the projects implemented through the strategy;
Amendment 44 #
2020/2276(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Welcomes the new strategy’s more strictly defined priorities and calls for practical measures to be taken, directly resulting from the strategy;
Amendment 46 #
2020/2276(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Deplores the fact that the EU budget contains no appropriations for the Atlantic action plan; with this in mind, calls on the Commission to consider labelling projects that meet the various priorities and objectives of the new strategy, in order to make it easier to finance them under the relevant European programmes and funds; in this respect, considers that the strategy should be mentioned in the Operational Programmes of the funds in the concerned regions;
Amendment 56 #
2020/2276(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Stresses that greater synergies are needed between the different European Funds and Programmes, particularly with directly managed programmes, as well as with national and regional programmes, to support a sustainable, robust and competitive blue economy in the Atlantic regions;
Amendment 63 #
2020/2276(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Underscorlines the importance of fisheries and warns against the; calls for this key sector of the blue economy to be included in the new strategy, in line with the Commission's Communication of 17 May 2021 on a new approach for a sustainable blue economy in the European Union; recalls that overfishing is harmful in the long- term effects of over; stresses the need for Member States and regions of the Atlantic area to have a fair cooperation against unreported illegal fishing;
Amendment 71 #
2020/2276(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Stresses the need to develop high- quality, sustainable tourism, enhancing the value of coastal areas by diversifying the activities on offer, while at the same time preserving them by combating the harmful effects of mass tourism on coastlines, the environment and the cultural heritage; notes the significant potential of gastronomic tourism linked in particular to fisheries and aquaculture products;
Amendment 75 #
2020/2276(INI)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15 a. Stresses the importance of REACT-EU, which could give the Atlantic regions a new start in coastal tourism, innovation and sustainable port infrastructure;
Amendment 81 #
2020/2276(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Hopes that the strategy will encourage joint planning and development of the sectors of the blue economy in the Atlantic area, with environmental and climate policies as central pillars, thus contributing towards the achievement of the Union's decarbonisation objectives and promoting renewable offshore power generation technologies, while fighting against marine litter;
Amendment 89 #
2020/2276(INI)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18 a. Underlines the fundamental and strategic role of ports as gateways to Europe, logistics platforms, hotspots for tourism, energy production and storage hubs and industrial hubs; notes the need to adopt measures as soon as possible to protect ports from climate change, particularly sea level rise;
Amendment 95 #
2020/2276(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Calls for the strategy to focus squarely on jobs; wishes to see an ambitious social component to promote job creation and, in particular, training for and access to maritime professions for young people; stresses the need to create networks between universities and learning centres in the field of research and training on blue topics, and notes with interest the opportunities offered by the Erasmus + 2021-2027 programme via the new initiatives of European university alliances and Centres of Vocational Excellence; encourages the further development of the European Blue Schools;
Amendment 100 #
2020/2276(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Calls for the concept of Atlantic connectivity to include links between ports and the development of hinterland areas via multimodal connections; regrets the persistent problems concerning interoperability of rail transport in the Atlantic corridor;
Amendment 104 #
2020/2276(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Calls for steps to be taken to eliminate rail bottlenecks, draw up plans for multimodal transfer to sustainable modes of transport, support the development of the Atlantic rail motorway, enhance rail-port connections and link them with other major TEN-T corridors with the other Atlantic Arc lines, in particular the Mediterranean, North Sea- Mediterranean and Rhine-Alps corridors, and the other lines of the Atlantic Arc; notes with satisfaction the planned realignment of the maritime corridors between Europe and Ireland following Brexit, and in particular the integration of Ireland into the Atlantic corridor;
Amendment 112 #
2020/2276(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Proposes yearly high-level meetings; bringing together the Commission and representatives of the Member states and regions concerned; calls for more visibility on the new governance structure and future meetings;
Amendment 118 #
2020/2276(INI)
Motion for a resolution
Paragraph 28
Paragraph 28
Amendment 123 #
2020/2276(INI)
Motion for a resolution
Paragraph 30
Paragraph 30
30. Calls the managing authorities of the funds, whether centrally or decentrally managed, for an increase in the number of specific calls for projects as part of the Atlantic strategy;
Amendment 126 #
2020/2276(INI)
Motion for a resolution
Paragraph 31
Paragraph 31
31. Recommends that the members of the Atlantic strategy and the members of the INTERREG Atlantic Area Monitoring Committee establish common objectives and decision-making procedures, while stressing that the INTERREG Atlantic Area programme does not have the administrative and financial capacity, nor the vocation, to be the main source of funding for projects falling under the Atlantic strategy;
Amendment 129 #
2020/2276(INI)
Motion for a resolution
Paragraph 31 a (new)
Paragraph 31 a (new)
Amendment 134 #
2020/2276(INI)
Motion for a resolution
Paragraph 32
Paragraph 32
32. Advocates thatsks for the Atlantic strategy to be developed into an Atlantic macro- regional strategy and that an Atlantic macro-region be created with a view to improving coordination between measures addressing issues on land and at sea, provide multi- level governance and rationalise the sources of funding; recalls that the Council, in its conclusions of 5 June 2019 on the implementation of EU macro- regional strategies, remains open to the creation of new macro-regions; calls for the inclusion of Outermost regions in this new macro-region and stresses the need to take due account of their specificities by developing in each basin - the Caribbean basin, the Amazon basin and the Macaronesia basin - dedicated strategies focusing on Outermost regions' particular challenges;
Amendment 361 #
2020/2269(INI)
Motion for a resolution
Paragraph 32 – point a (new)
Paragraph 32 – point a (new)
(a) Underlines that no time limit on transport of animals going to slaughter should be set before the European Commission's impact assessment is published; points out that such possible time limits shall be based on an assessment taking into account objective conditions such as the geographical and transport infrastructure characteristics of some Member States and regions;
Amendment 6 #
2020/2262(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Recalls the importance, for a properly functioning and competitive internal market, of effective better law- making tools, that take subsidiarity and proportionality fully into account when drawing up scientifically based and balanced legislation, particularly for consumers and SMEs; welcomes the use of the better law making tools and the cooperation with think-tanks, underlines the necessity of simplifying these tools and make them easy to understand and use by the stakeholders, and of taking into account the economic impact assessment when drawing legislation that affects the consumers and the SMEs, considers that the necessary period for adaptation to the new rules and regulations for the SMEs must be better taken into account;
Amendment 9 #
2020/2262(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Reiterates that internal market objectives such as improving competitiveness, digitalisation, sustainability and consumer protection should be underpinned by the enhanced use of scrutiny instruments such, welcomes the use of such instruments as the regulatory fitness and performance programme (REFIT) and, the Regulatory Scrutiny Board for the period 2017-2019 and stresses the importance of further use of scrutiny instruments, enhancing and improving them like the Fit for Future Platform (F4F) or other dedicated platforms;
Amendment 19 #
2020/2262(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Underlines that SMEs in particular will continue to face serious repercussions due to the COVID-19 pandemic and other unforeseen events with serious economical impact and need more flexibility to react quickly to the ever- changing demands of our economy; reiterates that cutting red tape, the ‘think small first’ principle and fostering a society that values entrepreneurship need to be priorities within internal market legislation;
Amendment 22 #
2020/2262(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Calls on the Member States’ authorities at national and regional level, and on stakeholders to become more closely involved at an early stage of the decision-making process, using the tools in place at the European institutions level, the professional and sectorial associations, with subsidiarity and proportionality checks and administrative burden assessments of EU legislation; calls further on the Member States to ensure the swift and consistent transposition, implementation and enforcement of legislation, and to avoid ‘gold-plating’ that can undermine the smooth functioning of the internal market;
Amendment 42 #
2020/2262(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Welcomes the fact that the Commission’s impact assessments attempt to cover a wide and comprehensive range of potential impacts to the Single Market; believes however that the system could still be strengthened by improving its transparency and accountability with the European Parliament;
Amendment 43 #
2020/2262(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Welcomes the setting up of the One-Stop-Shop for SMEs, calls for further steps to increase public awareness for them and to use this instrument for simplifying the participation of SMEs in an open single market with no legislative or language barriers;
Amendment 45 #
2020/2262(INI)
Draft opinion
Paragraph 5 b (new)
Paragraph 5 b (new)
5b. Considers that the Commission should further use ex-ante evaluation and provisional impact assessments accompanying the communications and strategies in the legislative process, in order to provide detailed and preliminary analysis of their consequences for the functioning of the Single Market, thus forming an intelligible and consistent process for stimulating growth and competitiveness in the EU;
Amendment 47 #
2020/2262(INI)
Draft opinion
Paragraph 5 b (new)
Paragraph 5 b (new)
5b. Recalls the importance of using think tanks at the European level in drafting new legislation, stresses the need to improve the law making process by establishing regulatory sandboxes and by also taking into account the studies and the experience of the specialists involved at different levels;
Amendment 50 #
2020/2262(INI)
Draft opinion
Paragraph 5 c (new)
Paragraph 5 c (new)
5c. Welcomes the use of the One In One Out and Think Small First principles which ensure that legislation does not overregulate the single market by adding unnecessary burdens to SMEs and underlines the necessity to prioritize these principles during the law-making process;
Amendment 7 #
2020/2217(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Welcomes the Commission’s intention to create a genuine single market for data as it will be the backbone of Europe’s data economy and EU's competitiveness; considers that ensuring trust in digital services is fundamental for the digital single market and should be at the heart of both public policy and business models;
Amendment 25 #
2020/2217(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Urges the Commission to empower consumers to put them in control of their data and to ensure that the single market for data is grounded in European values and fairness in competition; believes that citizens’ data could help in developing innovative green solutions and services that would benefit European consumers and companies; asks the Commission to consider how to support data altruismprovide a specific legal basis and a clear definition of "data altruism" and consider how to support it in full compliance with European legislation;
Amendment 35 #
2020/2217(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Believes that the current fragmentation of the single market and diverging rules between Member States are hampering the development of a genuine common European data space and calls for effective and coordinated actions to leverage the scale of the EU single market;
Amendment 39 #
2020/2217(INI)
Draft opinion
Paragraph 2 b (new)
Paragraph 2 b (new)
2b. Considers that ensuring access to data is crucial for citizens but also for our businesses' innovation and growth, especially for start-ups and small and medium-sized enterprises (SMEs) and welcomes the actions foreseen by the European Commission in its communication to tackle the current lack of data availability;
Amendment 42 #
2020/2217(INI)
Draft opinion
Paragraph 2 c (new)
Paragraph 2 c (new)
2c. Asks the Member States to fully implement the Directive on open data and the re-use of public sector information ("Open Data Directive") and the Commission and Member States to promote a culture of wide reuse of available data; furthermore, highlights the need to ensure easy access to data to all relevant institutional and societal actors and to economic operators, especially to SMEs and start-ups, tackling the existing barriers and promoting the use of modern web and API-based services for convenient and fast retrieval, browsing and processing of available data;
Amendment 45 #
2020/2217(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Highlights the need to create a single European data space with the aim of ensuring the free flow of non-personal data across borders and sectors; stresses the importance to extend the flow of data also to third countries, provided that the compliance with the EU data protection legal framework is ensured; underlines the principle of the free flow of non-personal data as imperative for a single market for data, providing a level playing field for data sharing between stakeholders; considers that business-to-business (B2B) and business-to-government (B2G) data sharing should be voluntary, while participation in data spaces should be incentivized, and while mandatory access to data should also be envisaged to remedy potential market failures;
Amendment 51 #
2020/2217(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Underlines that a safe and trusted ecosystem where storing, processing and exchanging data under the highest cybersecurity standards is a precondition for the development of a truly single market for data and for the creation of the new data spaces; recalls that increased connectivity brings about increased cyber threats and welcomes the announced revision of the Directive on security of network and information systems ("NIS Directive") to improve the current EU Cybersecurity legal framework;
Amendment 54 #
2020/2217(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Stresses that the infrastructure and technology must be developed and harmonised at the Single Market level; calls on the Commission to undertake the project of an European Single Market infrastructure, analysing the less developed regions and areas in order to ensure the same level of access to the data single market so that no one is left behind;
Amendment 63 #
2020/2217(INI)
Draft opinion
Paragraph 3 b (new)
Paragraph 3 b (new)
3b. Stresses the economic and societal importance of easily accessible and free of charge public sector data in the view of their re-use; calls for clear rules for business-to-government (B2G) data sharing, in particular with regards to possible fees to be derived from the costs related to the processing of requests for re-use of data;
Amendment 66 #
2020/2217(INI)
Draft opinion
Paragraph 3 b (new)
Paragraph 3 b (new)
3b. Urges the Commission to prioritise the need of the investment in the storage capacity of the European Union companies; calls on the Commission to create dedicated financial mechanisms to support the urgent development of the data storage and processing capacities;
Amendment 70 #
2020/2217(INI)
Draft opinion
Paragraph 3 c (new)
Paragraph 3 c (new)
3c. Calls on the Member States for an effective implementation of the Regulation on the free flow of non- personal data, with the objective to allow data to be stored and processed everywhere in the EU without unjustified restrictions; recalls that data localisation requirements within the Union are prohibited unless justified on grounds of public security in compliance with the principle of proportionality and reminds that any such existing requirements must be repealed by 30 May 2021;
Amendment 86 #
2020/2217(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Underlines the need to improve access to European cloud services and to address interoperability issues, which now constitute a significant barrier for an effective data sharing, by including codes of conduct, certification and standards, in a ‘cloud rulebook’; considers proportionality to be the guiding principle for data quality and interoperability requirements; calls on the Commission to consider promoting existing standards to avoid unnecessary transaction costs and to provide high quality standards for sectors and data spaces of high importance for significant societal challenges.;
Amendment 89 #
2020/2217(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Recognises the rise of the edge computing paradigm, especially considering the ongoing rollout of 5G networks and subsequent business models, and stresses the need to make sure that technical and legal solutions for providing effective access to data on the edge are found; emphasises the urgent need to address the emerging cybersecurity and data interoperability challenges that the unprecedented scale and the distributed nature of edge computing brings along, including the challenges in machine authentication, data provenance, privacy, and integrity;
Amendment 91 #
2020/2217(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Stresses the importance of the availability of some personal data for the research and policy making in domains like public health, pharmaceutical, social services, education and others, therefore calls on the Commission to create clear mechanisms for gathering these data in an unitary way and for the availability of the data f3or all the stakeholders in the Single Market in accordance with the European privacy standards making sure that the data cannot be linked to specific persons;
Amendment 100 #
2020/2217(INI)
Draft opinion
Paragraph 4 b (new)
Paragraph 4 b (new)
4b. Recognises the potential of the increase of the amount of data from self- driving vehicles, the potential for the innovation they bring to the industry and to the economy, but also the security hazards that come with it, therefore stresses the need of a European legislative framework to store, process and analyse these data in a secure manner in compliance with the European values and the GDPR;
Amendment 102 #
2020/2217(INI)
Draft opinion
Paragraph 4 b (new)
Paragraph 4 b (new)
4b. Welcomes the intention to address the current limitations of the data portability and to enhance the portability rights for individuals under the Article 20 of the GDPR;
Amendment 105 #
2020/2217(INI)
Draft opinion
Paragraph 4 c (new)
Paragraph 4 c (new)
4c. Underlines the close link between data and AI and stresses that data availability and data quality are crucial for the development of effective, well- functioning and unbiased systems of artificial intelligence;
Amendment 3 #
2020/2216(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Recalls that AI should be used in a fair and ethical manner and with duetechnologies using AI should by design be fair and ethical and respect for Union values and principles, human rights, freedom of expression, the right to privacy, data protection, non- discrimination, media pluralism and cultural diversity; stresses that the Union must strive to become leader in ethical use of AI and must use it to the full potential in order to stay competitive and relevant on the world digital market; highlights that, to achieve this end, it is essential to encourage more people to pursue career in ICT-related sectors, such as data professionals in the AI field, but also professionals in connected new domains like AI-investing, AI safety and others, encouraging a wider activity of the EIT;
Amendment 8 #
2020/2216(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
Amendment 12 #
2020/2216(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Stresses the crucial importance of a coherent vision at Union level in order to achieve a genuine digital single market within an AI-powered society that would fully benefit users; emphasises the need to offer learning and training opportunities in order to enable the Union population across all parts and ages of the society to gain basic digital skills and understanding of AI use and its potential and risks in order to use those technologies in their advantage and fully participate in digital market and society;
Amendment 22 #
2020/2216(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Deplores the omission of culture from AI strategies and policy recommendations at both national and Union level; stresses the need to set up a clear legal framework that prioritises culture in order to bring the Union to the forefront of AI-driven innovation and value creation worldwide and to maximise its benefits, while assessing its potential risks for society; highlights that cooperation with creative and cultural sectors and industries can be invaluable in bringing AI innovation closer to the public and in finding creative solutions and possibilities for AI use;
Amendment 39 #
2020/2216(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Highlights that the digital services sector is rapidly developing and therefore stresses the need to ensure that new regulations will not impede the openness of its market; stresses that the principle of net neutrality has to remain the cornerstone of the online sphere;
Amendment 42 #
2020/2216(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Points out that AI can be an effective tool forin helping to enforcinge the rules on online content, such as illegal content or fake news, through automated content filtering, and can also be used to help to implement the ‘notice, take down and stay down’ mechanisms; stresses, however, that AIuse of AI, if not properly regulated, may pose challenges to fundamental rights, in particular freedom of expression, as well as access to information, cultural diversity and media pluralism; warns that automated mechanisms to enforce rules online can lead to false positives and inhibit legitimate and fair use, such as critique, caricature, and others; stresses that any use of AI must strictly follow principles of transparency and have clear rules for accountability with an effective appeal mechanism against such a decision guaranteed;
Amendment 49 #
2020/2216(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. Highlights, that for the European digital market to flourish and to enable effective and ethical AI, vast amounts of quality, compatible data is needed while upholding all privacy rules; emphasises that lack of data specialists and professionals may lead to flawed interpretation of data, which can create biases and skewed results;
Amendment 50 #
2020/2216(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Calls on the Commission to increase support for key enablers of the digital economyaim at an innovation-friendly regulatory environment for enablers of the digital economy and to strengthen the financial and institutional support for the European digital economy in close coordination with Member States and stakeholders;
Amendment 54 #
2020/2216(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. CStresses that the Union needs to strive for unified, unambiguous and up to date rules that do not humper the innovation in the internal market; calls, therefore, for a balanced approach between the deployment of automated enforcement and fundamental rights, in line with the applicable regulatory framework, such as the AVMSD, the Copyright Directive and the future DSA.
Amendment 58 #
2020/2216(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Calls on the Commission to ensure wider coordination of investment in the NextGenerationEU recovery plan; calls on the Commission to propose concrete actions within this plan to support key digital enablers and high impact technologies in the EU;
Amendment 68 #
2020/2216(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Calls on the Commission to work to position the EU as leader in the adoption and standardisation process for new technologies; highlights the need to work with industry and also with international partners on setting global standards; in this regard, welcomes the Commission’s proposal from December 2020 for a new transatlantic agenda, which highlights the importance of cooperating with the US on technology and standards;
Amendment 138 #
2020/2216(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Considers that AI is a fast moving technology that requires effective legislation; believes that to achieve this AI needs to be functionally and broadly defined in a manner that covers all automated decision-making, complex algorithmic-based systems and machine or deep learning processes so, a concrete definition of AI is not necessary so that any regulatory measures can remain flexible and adaptable in order to take into account future developments; reminds that there is no common definition on cybersecurity or even the internet;
Amendment 146 #
2020/2216(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Believes the regulatory framework needs to build public trust in AI while allowing companies to develop automated systems without losing the confidence of their customersupport the development of trustworthy AI systems and should ensure high consumer protection standards in order to strengthen consumer’s confidence in AI enabled products; believes also that the regulatory framework should ensure transparency, and provide for clear communication of the relevant requirements to both consumers and regulatory authorities;
Amendment 171 #
2020/2216(INI)
Motion for a resolution
Paragraph 29
Paragraph 29
29. cCalls on the Commission and the Member States to make use of innovative regulatory tools such as ‘regulatory sandboxes’ to help provide a clear path to scale-up for start-ups and small companies, regardless oftaking the risk profile and the possible welfare gain of their product into account; believes that these tools can help encourage innovation without any detriment to consumer protection;
Amendment 178 #
2020/2216(INI)
Motion for a resolution
Paragraph 30
Paragraph 30
30. Believes that the use of AI in a high-risk AIcontext should be limited to specific and clearly warranted purposes, in full respect of the applicable law and subject to transparency obligations; underlines that thisonly a clear and legally certain legislative framework will be decisive for ensuring public trust and support for the necessity and proportionality of the deployment of such technologies; calls on the Commission to carefully consider whether there are certain use cases, situations or practices for which specific technical standards, including underlying algorithms, should be adopted; deems necessary, should such technical standards be adopted, that these are regularly reviewed and re-evaluated, given the fast pace of technological development;
Amendment 181 #
2020/2216(INI)
Motion for a resolution
Paragraph 31
Paragraph 31
31. Calls on the Member States to encourage and support the establishment of specialised review boards for AI products and services Commission and the Member States to ensure close cooperation and mutual recognition of decisions when enforcing the Member States to assess the potential benefits and potential harm stemming from high-risk, impactful AI-based projectsregulatory framework in order to prevent a fragmented Single Market;
Amendment 187 #
2020/2216(INI)
Motion for a resolution
Paragraph 32
Paragraph 32
32. Highlights the importance of education and research for AI; calls on the Commission and the Member States to establish an EU centre of excellence for AI; considers that this should be done with the involvement of universities, companies and research institusupports the establishment of the European Network of Artificial Intelligence Excellence Centres; believes that this network should help to strengthen the exchange of knowledge on AI, support AI related talent within the EU and attract new talent, foster the cooperations; believes that such a centre can help totween science and AI developers as well as provide specialised training and development for regulatory authorities;
Amendment 195 #
2020/2216(INI)
Motion for a resolution
Paragraph 33
Paragraph 33
33. Calls on the Commission to update the existing liabiliproduct liability and product safety framework in order to address new challenges posed by emerging digital technologies such as artificial intelligence;
Amendment 26 #
2020/2201(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. Highlights that the Conference on the Future of Europe will play a crucial role in the further development of the citizens’ participation in the policy- making process in the European Union and pave the way to establish a new permanent mechanism for citizen participation, reforming and transforming current top-down approach into a bottom- up approach; considers necessary the integration of culture, education, youth and sport policy and participation of respective sectors in the Conference framework;
Amendment 59 #
2020/2201(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Stresses that civic education and learning about the EU is key to enabling EU citizens to make informed choices; calls on the Commission to develop a common curriculum on EU learning in order to foster objective and critical thinking on the benefits of the European Union; ; welcomes the ‘Back to school’ and “Europe at school” initiatives as best practice examples of initiatives to popularise the European project; Calls for recognising the work of civil society organisations in civic education and learning, and thus also encourages a holistic approach to civic education, including both formal and non-formal education and informal learning”;
Amendment 68 #
2020/2201(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. Believes that ensuring youth participation will be an essential part of the long-lasting impact of citizens’ dialogue initiatives; welcomes peer-to- peer educational programs, such as The European Youth Parliament and the EU Youth Structured dialogue as examples of good practices;
Amendment 69 #
2020/2201(INI)
Draft opinion
Paragraph 5 b (new)
Paragraph 5 b (new)
5 b. Stresses that the current COVID- 19 crisis and the digital transition have introduced new ways of work at the European Union institutions; ; calls therefore for the systematic use of various online platforms and tools for the dialogue between EU institutions and the citizens as well as providing opportunities for civil society input and comments on specific legislation proposals;
Amendment 83 #
2020/2201(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6 a. Recalls the EP position on the Conference on the Future of Europe and reiterates the need to create structures of engagement for young people and youth organisations within the Conference on the Future of Europe process.
Amendment 28 #
2020/2140(DEC)
Draft opinion
Paragraph 5
Paragraph 5
5. Welcomes efforts to simplify requirements to be made of project managers and management authorities in the Member States under the 2021-2027 programming period of the Common Provisions Regulation; underlines that the key to solving this issue is through simpler national eligibility rules which might help reduce, first of all, the administrative burden and second of all, the source of error, thereby ensuring a high level of transparency; urges wider use of Simplified Cost Options, which ECA also considers a great relief for applicants and for control; points out that there is a need for an improvement of the audit working methods put in place at the national level.
Amendment 33 #
2020/2140(DEC)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6 a. Acknowledges that COVID-19 crisis has provided a new and unexpected challenge that the EU and its Member States need to respond determinedly and provide solutions at the EU and national level; welcomes the increasing financial flexibility in cohesion spending which enables Member States to use the funds to finance crisis-related projects; underlines the necessity of fostering the continuity and deeper cooperation of all stakeholders relevant to cohesion policy, mainly SMEs, municipalities and regions, which will struggle with unemployment and healthcare in the coming months;
Amendment 41 #
2020/2140(DEC)
Draft opinion
Paragraph 7
Paragraph 7
7. Notes with concern that, at the end of the sixth year of implementation, absorption rates for the European Regional Development Fund (ERDF) and Cohesion Fund (CF) are 6,6% lower than at the same stage in the previous programming period; and draws attention to the risk that, as the eligibility period draws to an end and given the circumstances of the COVID-19 crisis, Member States may prioritise spending over performance and regularity. Underlines that the increasing shift from performance to compliance hinders the cohesion objectives and generates unnecessary spending.
Amendment 46 #
2020/2140(DEC)
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7 a. Points out that concerning fraud, both the Commission and the Member States are responsible for addressing fraud in Cohesion spending. They need to step up their efforts to prevent and detect fraud, in cooperation with EPPO and the anti-fraud office (OLAF).
Amendment 1 #
2020/2135(INI)
Motion for a resolution
Citation 3 a (new)
Citation 3 a (new)
- having regard to Directive (EU) 2019/790 of the European Parliament and of the Council of 17 April 2019 on copyright and related rights in the Digital Single Market and amending Directives 96/9/EC and 2001/29/EC
Amendment 24 #
2020/2135(INI)
Motion for a resolution
Recital C a (new)
Recital C a (new)
C a. Whereas digital literacy must be addressed in a multidimensional approach, covering technical skills, digital literacy, disseminated content and access to digital infrastructure;
Amendment 26 #
2020/2135(INI)
Motion for a resolution
Recital D
Recital D
D. whereas digital technologies harbour substantial potential for teachers and learners across education sectors and settings; whereas, however, teachers' freedom of teaching should remain at the heart of the educational process and whereas face-to-face teaching can never be replaced in quality by e-learning; whereas it is necessary to limit the time learners spend in front of a screen;
Amendment 40 #
2020/2135(INI)
Motion for a resolution
Recital F
Recital F
F. whereas the sudden shift to online and distance learning also revealed alarming gaps in the digital skills of teachers, parents and learners and in their ability to use digital technologies effectively and safely;
Amendment 54 #
2020/2135(INI)
Motion for a resolution
Recital H
Recital H
H. whereas the COVID-19 pandemic will herald profound changes and may well not be the last pandemicfor our way of life; whereas it would be unforgivable not to be properly prepared to deliver full- scale quality digital education for all in the event of a potential second wave;
Amendment 59 #
2020/2135(INI)
Motion for a resolution
Recital H a (new)
Recital H a (new)
H a. whereas basic skills, such as numeracy, critical thinking and social communication skills, are a fundamental prerequisite for the acquisition of digital skills and competences;
Amendment 62 #
2020/2135(INI)
Motion for a resolution
Recital H b (new)
Recital H b (new)
H b. whereas excessive use of technological and digital equipment, such as computers and tablets, can also have negative effects on health and well-being and can cause problems such as sleep deprivation, and a sedentary lifestyle, especially in early age, when the brain and body is still developing;
Amendment 66 #
2020/2135(INI)
Motion for a resolution
Recital H c (new)
Recital H c (new)
H c. whereas basic education in cyber hygiene, cyber safety, data protection and media literacy must be age- and development- oriented in order to help children become critical learners, active citizens, internet users and make informed decisions, and be aware of the risks associated with the internet, such as online disinformation, harassment and personal data breaches;
Amendment 79 #
2020/2135(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Welcomes the updated Digital Education Action Plan as a further step towards a more comprehensive digital skills and education strategy; believes that the plan will have been a success if, by its completion, digital education is considered a significant part of education policy and has delivered clear, consistent and positive results in terms of availability, access and quality across the Union;
Amendment 89 #
2020/2135(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Notes, however, that delivering the plan effectively depends on coordination across a broad range of programmes and between the Member States; calls on the Commission to ensure effective synergies between these programmes and to avoid overlap between the different national and European policies in this area;
Amendment 91 #
2020/2135(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Notes, however, that delivering the plan effectively depends on coordination across a broad range of programmes; calls on the Commission to ensure effective synergies between these programmes, while respecting the limits of subsidiarity in this regard;
Amendment 96 #
2020/2135(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Points to the importance of the ‘Connect’ and ‘Reskill and upskill’ flagship investment priorities in the Recovery and Resilience Facility for driving the digital education agenda; calls for 10 %a significant share of the facility’s funding to be allocated to education and encourages the Member States to increase their education funding;
Amendment 107 #
2020/2135(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Welcomes the Commission’s scheduled mid-term review of the plan and its intention to ramp up data collection; reiterates the need for a clear implementation timetable; remains convinced that the plan needs a clearer governance and coordination structure, in which Parliament should be involved, to monitor developments and performance on an ongoing basis; calls on the Commission, therefore, to establish a forum bringing together the Member States, Parliament and other relevant stakeholders, including education providers and civil society organisations, and experts; urges the Commission to better integrate digital education into the European Semester exercise;
Amendment 112 #
2020/2135(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
Amendment 118 #
2020/2135(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7 a. Calls for interdisciplinary research into the various impacts of digital technologies on education and development of children, linking education sciences, pedagogy, psychology, sociology, neuroscience and computer science so as to achieve as deep an understanding as possible of how the minds of children and adults are responding to the digital environment and what challenges might be connected with digital education;
Amendment 122 #
2020/2135(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7 a. Notes with satisfaction the growing number of digital education platforms being set up; calls on the Commission, in particular through a dedicated Knowledge and Innovation Community within the European Institute of Innovation and Technology, and the Erasmus+ and InvestEU programmes, to support the creation of pan-European platforms for the broad dissemination of educational content and tools in an inclusive and multilingual way; stresses the importance for teachers and pupils to have access to content hosted and stored in a Member State and not in a third country; notes the huge potential of the eTwinning platform and calls on the Commission to promote it as widely as possible;
Amendment 126 #
2020/2135(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Deplores the persistent digital divide in the Union; regrets the fact that in some Member States, like Romania, efforts to provide access to quality digital education have failed, leaving more than 30 % oftoo many pupils without access to education for several months; shares the Commission’s analysis that fast and reliable internet and quality digital equipment in educational establishments, non-formal settings and the home are prerequisites for effective digital education;
Amendment 135 #
2020/2135(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Insists that broadband should be considered a public good and be universally accessible as a critical step in closing the digital divide; calls for specific measures to enhance access for remote, rural and mountain areas with low connectivity and limited access to emerging technologies such as artificial intelligence (AI), robotics, blockchain, new educational devices or gamification, in the light of their growing importance and potential; calls for a newnotes the potential that the deployment of 5G could have in Europe and invitiative on AI and robotics for educationes the Commission to study the possible contributions of 5G to e-learning;
Amendment 136 #
2020/2135(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Insists that broadband should be considered a public good and be universally accessible as a critical step in closing the digital divide; calls for specific measures to enhance access for all schools, especially those in remote, rural and mountain areas with low connectivity and limited access to emerging technologies such as artificial intelligence (AI), robotics, blockchain, new educational devices or gamification, in the light of their growing importance and potential; calls for a new initiative on AI and robotics for education;
Amendment 141 #
2020/2135(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Welcomes the plan’s focus on supporting school and university connectivity through the Connecting Europe Facility and efforts to publicise EU funding opportunities; calls on the Commission to work closely with Member States, local authorities and stakeholders to ensure that EU support dovetails with national schemes, in particular to support disadvantaged groups; calls on the Commission to target support at otherall formal and non-formal educational establishments besides schools;
Amendment 142 #
2020/2135(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Welcomes the plan’s focus on supporting school and university connectivity through the Connecting Europe Facility and efforts to publicise EU funding opportunities; calls on the Commission to work closely with Member States, local authorities and stakeholders to ensure that EU support dovetails with national schemes, in particular to support disadvantaged groups; calls on the Commission to target support at other educational establishments besides schools; highlights that educational establishments should be given considerable autonomy in achieving innovation and in developing teaching methods for education in the digital era, as they are closest to the learner;
Amendment 164 #
2020/2135(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Insists that greater attention be devoted to teacher training as the plan is rolled out so as to ensure that teachers not only possess digital skills, but can also teach them, freely and within the framework of the pedagogical exception provided for in Directive (EU) 2019/790; calls for a pan-Union initiative to develop new pedagogical methods for the digital environment; underlines the increasingly important role played by parents and tutors in distance learning and calls for them to be given special training and support mechanisms; stresses the essential role of Erasmus+ and teacher mobility for the acquisition of skills; notes with interest the potential of the future Teacher Academy;
Amendment 167 #
2020/2135(INI)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11 a. Stresses the importance of the portability and certification of digital skills; notes with interest the Commission's initiative to establish a European digital skills passport; calls for it to be developed in accordance both with the systems already in place and usedin the Member States and with the European Digital Competence Framework, in order to avoid duplication and overlapping; stresses the need to integrate this future passport into Europass; calls on the Commission to study its integration into the future European Student Card; calls on the Commission to support the development of European open badges;
Amendment 179 #
2020/2135(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Underlines the challenge of cyberthreats, cyberbullying, data and privacy protection, dangerous online games and disinformation in the digital environment, including in terms of mental health and wellbeing; warmly welcomes, therefore, the increased focus on digital and information literacy in the revised plan; looks forward to the swift adoption of the Media Action Plan and the guidelines for teachers and educational staff; calls on the Commission to be more ambitious and to launch large-scale digital and media literacy campaigns; stresses that while digital skills have to be promoted they should not overshadow traditional and humanistic skills;
Amendment 180 #
2020/2135(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Underlines the challenge of cyberthreats including online child pornography and grooming, cyberbullying, data and privacy protection, dangerous online games and disinformation in the digital environment; warmly welcomes, therefore, the increased focus on digital and information literacy in the revised plan; looks forward to the swift adoption of the Media Action Plan and the guidelines for teachers and educational staff; calls on the Commission to be more ambitious and to launch large-scale digital literacy campaigns; notes the importance of widely promoting events such as the EU Code Week and the Safer Internet Day;
Amendment 187 #
2020/2135(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12 a. In light of the growing use of digital tools within educational curricula, calls on the Commission to address the specific nature of educational data and the risk posed by the lack of regulation on their exchange and storage; calls on the Commission to involve the European Data Protection Board (EDPB) in a reflection on the creation of a specific status for data relating to pupils and learners;
Amendment 197 #
2020/2135(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Underlines the need to enhance tools at Union level to open up lifelong learning opportunities and to enable full and quality access to university and post- university courses and materials; calls on the Commission to create an Online European University with distance and online education content available across Europe sourced, verified and validated by the competent administrations;
Amendment 198 #
2020/2135(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Underlines the need to enhance tools and mechanisms at Union level to open up lifelong learning opportunities for all and to enable full and quality access to university and post- university courses and materials; calls on the Commission to create an Online European University with distance and online education content available across Europe;
Amendment 203 #
2020/2135(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13 a. Calls on the Commission to encourage Member States to earmark funding for the acquisition of professional and secure digital educational resources hosted and stored in Europe, co-created in cooperation with professionals and experts in the production of educational material;
Amendment 209 #
2020/2135(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Recalls that special attention should be paid to digital proficiency for lower- skilled adults, persons with disabilities, persons from vulnerable groups and older people; points out that in 2018, just 4.3 % of low-skilled adults used any form of adult learning; notes the potential of the ESF+ programme for lifelong learning;
Amendment 215 #
2020/2135(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Deplores, therefore, the continued absence of measures targeting lower- skilled adult learners and older people; stresses that this omission undermines the essential lifelong learning dimension of digital education and hampers efforts to ensure that everyone has essential life skills; calls on the Commission, therefore, to work with regional and local authorities to put further measures in place, to incentivise adult education by making it available and accessible, so as to ensure that these population groups can truly benefit from the digital transition;
Amendment 217 #
2020/2135(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Deplores, therefore, the continued absence of measures targeting lower- skilled adult learners and older people in the Digital Education Action Plan; stresses that this omission undermines the essential lifelong learning dimension of digital education and hampers efforts to ensure that everyone has essential life skills; calls on the Commission, therefore, to work with regional and local authorities to put further measures in place to ensure that these population groups can truly benefit from the digital transition;
Amendment 220 #
2020/2135(INI)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15 a. Highlights that a rights-based approach to digital education is necessary to ensure that policies are aimed at the making of the right to education a reality; stresses that successful digital education can be achieved only through inclusive digital education.
Amendment 6 #
2020/2131(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Underlines that the COVID-19 crisis has had an unprecedented socio- economic impact on SMEs, especially in the cultural and creative sectors, education, youth, sports and media. The cultural and creative industries contribute alone to more than 8.7 million fulltime jobs, from which many are SMEs (3.8 percent of the EU’s workforce), additionally the cultural and creative industries’ turnover was €375 billion in total in 2018; calls on the European Commission to revise its SME strategy for sustainable and digital Europe, ensuring that funds allocated to European SMEs are widely and readily accessible across Member States, and reach these sectors in order to enable them to address current challenges, and maintain high levels of employment;
Amendment 18 #
2020/2131(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Reiterates the importance of accessible funding for SMEs across Europe, especially in the cultural, creative, educational, youth, media and sports sectors; calls on the European Commission to increase the accessibility of funding, in particular in the upcoming InvestEU programme, and to provide equal financial opportunities in all EU Member States; highlights the need for appropriate and effective rules for implementation and utilization of cohesion policies for SMEs in the Cultural and Creative Industries;
Amendment 21 #
2020/2131(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. Calls on the Commission to strengthen the budget of the Cultural And Creative Sector Guarantee Facility, which during the last budget period from 2014- 2020 has benefitted SMEs by securing loans for initiatives in the cultural and creative industry. The Cultural And Creative Sector Guarantee Facility could be included under the InvestEU Program;
Amendment 23 #
2020/2131(INI)
Draft opinion
Paragraph 2 b (new)
Paragraph 2 b (new)
2 b. Emphasizes the important role of Horizon Europe in helping the CCI to innovate and develop new technologies, that can have a positive impact on an open and pluralistic cultural creative participation; in this regard welcomes the creation of CCI KIC under the EIT strategy; Underlines the need to simplify the procedures for SMEs in CCI, when applying for funds and calls for a one- stop-shop solution for SMEs applying for funds under Union programmes;
Amendment 26 #
2020/2131(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. RStrongly regrets the lack of ambition of the revised proposal on the next MFF concerning sufficient funding for the cultural and creative industry, and the lack of specific financial support for these sectors in the new Recovery Plan; urges, in this context, the Commission and Member States to increase the budget of the Creative Europe, Erasmus+ and European Solidarity Corps programmessome of the most successful Union programmes: Creative Europe and Erasmus+;
Amendment 2 #
2020/2084(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Recalls that education is an investment for the Union’s future and a key tool for achieving the objectives of the European Pillar of Social Rights, which states that ‘everyone has the right to quality and inclusive education, training and life- long learning in order to maintain and acquire skills that enable them to participate fully in society’;
Amendment 4 #
2020/2084(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Calls for the full implementation of this principle by the Union and its Member States in line with the commitments of the March 2017 Rome Declaration and the November 2017 Gothenburg Summit; stresses the need for an Action Plan to deliver the Pillar of Social Rights and welcomes the determination of the Commission in this regard; insists on Member States implementing the country specific recommendations of the European Semester, especially on social affairs;
Amendment 10 #
2020/2084(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Asserts that an adequate education and training in transitions to environmentally and socially sustainable economies can become a strong driver of job creation, social justice and poverty eradication; calls for the Union to facilitate stronger cooperation, information sharing and exchange of best practices between Member States and their education and training systems;
Amendment 22 #
2020/2084(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Recalls that Member States’ education and training systems must be adapted to make full use of the opportunities offered by the digital transition; digital skills development, e- learning initiatives and the connectivity of schools must be fostered and most vulnerable groups should be supported in obtaining equal access to them; calls on the EU and Members States to provide incentives for digital education and careers; emphasises that the participation of women in STEAM studies must be promoted;
Amendment 33 #
2020/2084(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Calls for an enhanced university- business dialoguecooperation between educational institutions and the business environment to allow for studyies in a sector where there will be jobs, particularly in vulnerable communities, regions and sectorsgreater need of jobs; calls for more public-private partnerships to realise the full potential of our educational systems and for lifelong up- and re-skilling; calls Member States to explore compulsory traineeships as part of university curricula;
Amendment 39 #
2020/2084(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Calls the Union to strengthen the portability and full recognition of skills and professional qualifications to increase mobility and optimal attainment of skills within the internal market and ultimately Europe’s competitiveness in the world;
Amendment 43 #
2020/2084(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Calls on governments and employers to invest in programmes and measures to ensure that vulnerable individuals have the skills necessary for a successful transition to a zero-emission economyto embrace the green and digital transitions; recalls particular attention must be given to people with disabilities who often fall under double discrimination;
Amendment 53 #
2020/2084(INI)
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Highlights the most effective and inclusive education systems are those that rely on pedagogical research; calls the Union’s next flagship research programme, Horizon 2020, to be a vehicle to help further excellence in education and training;
Amendment 18 #
2020/2077(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Considers that placing sustainable products on the internal market should be the norm and calls foron the Commission to assess the need and the applicability of a horizontal Sustainable Product Framework Directive setting the categories of the products and the mandatory minimum requirements for durability, interoperability, reparability, upgradability, reusability and recyclability for all products, alongside further product- specific requirements;
Amendment 49 #
2020/2077(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Welcomes the Commission’s intention to empower consumers to further engage in sustainable consumption practices; calls for mandatory labellinginformation on product durability and reparability, and for the assessment of the development of a repair score, in addition to minimum information requirements; asks for both the legal guarantee rights and the reversed burden of proof rules to be extended based on the lifespan of products, the introduction of direct producer liability, and for legislative measures to ban practices resulting in premature obsolescence;
Amendment 85 #
2020/2077(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Underlines the importance of transparent and reliable information on product characteristics for consumers, businesses and market surveillance authorities, and welcomes the Commission’s intention to develop a digital product passport; calls, in this regard, for mandatory information requirements to apply throughout the supply chain, covering not only aspects such as durability and reparability, but also social and environmental conditions;
Amendment 101 #
2020/2077(INI)
Draft opinion
Paragraph 7
Paragraph 7
Amendment 3 #
2020/2076(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Recognises that the Industrial Strategy, prepared prior to the outbreak and published at an early stage of the pandemic in Europe, will require substantial revision, to reflect the change in fundamentals at European and global level and the new mission of the Von Der Leyen Commission: to return economies across the EU to growth and, to strengthen allthe economies of the Member States, both north and south and east and west, to the benefit of citizens and businesses, and to consider mechanisms that will ensure the resilience and strategic autonomy of the European industries as well as the proper functioning of the Single Market;
Amendment 5 #
2020/2076(INI)
Draft opinion
Recital A
Recital A
A. whereas a domestic industry is a motor of growth, innovation and social well-beingprosperity within the EU;
Amendment 11 #
2020/2076(INI)
Draft opinion
Recital B
Recital B
B. whereas the EU’s SMEs play a crucial role in the EU industry and have traditionally generated a high share of the EU’s employment, and in so doing havtherefore ensureding social and economic well-being and prosperity all over the EU territory;
Amendment 12 #
2020/2076(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. Underlines that the Commission must act to remedy the disruption of the Single Market that affected the industries across the European Union, due to the measures taken by the Member States in order to protect their citizens; calls on the Commission to consider how to ensure a fully functioning single market even in emergency situations: welcomes in this respect the Solvency Support Instruments presented by the Commission as part of the Next Generation EU Package which aims at addressing market distortions caused by the crisis;
Amendment 13 #
2020/2076(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. Highlights that EU industrial policies must provide the tools to fully restore the Single Market to its functioning before COVID-19, removing the remaining unjustified barriers, including in services, and ensuring the effective and fair implementation, application and enforcement of Single Market rules;
Amendment 20 #
2020/2076(INI)
Draft opinion
Recital B e (new)
Recital B e (new)
Be. whereas the changing nature of geopolitical tensions and the recent COVID-19 crisis have led to disruptions in value chains and shown the vulnerabilities in key European strategic industrial sectors;
Amendment 21 #
2020/2076(INI)
Draft opinion
Recital B f (new)
Recital B f (new)
Bf. whereas the effects of industry relocation tend to be localised, hitting specific regions disproportionately;
Amendment 22 #
2020/2076(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Considers that, based upon the comprehensive evidence base, the Commission’s new Industrial Strategy should prioritise the economic recovery and citizens' welfare and opportunities,; so as totresses that ensuring the swift return to a fully functioning internal market is a precondition for recovery, and underlines the common commitment to rebuilding the Single Market and delivering benefits for all Member States and theirto the benefit of European businesses and citizens;
Amendment 27 #
2020/2076(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. Considers that the New Industrial Strategy should accelerate the transition to a greener, innovative, inclusive and sovereign Europe, enhance its economic and industrial resilience and give new impulse to the Single market; the strategy should be based on diversification of supply chains through an ambitious and balanced free trade agenda, effective reciprocity for public procurement with third countries, adaptation of competition and state aids rules, strengthened screening of foreign investments in strategic sectors and encouraging the location of investments in Europe; stresses the importance of a coherent approach in supporting European industries, in particular SMEs, and safeguarding employment in Europe for preserving the integrity of the Single market;
Amendment 29 #
2020/2076(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. In the context of the New Industrial Strategy, calls on the Commission to revise the Schengen agreement on free movement in order to ensure a proper functioning of the Single Market and to guarantee all freedoms of movement offering the same opportunities to all Member States, including Romania, Bulgaria, Cyprus and Croatia, eliminating the long hours of waiting at the Schengen borders of EU citizens and EU products;
Amendment 31 #
2020/2076(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. Emphasises that it is vital to strengthen the resilience of the European industrial ecosystems of the Single Market, which requires an ambitious legislative framework, including addressing competition, reviewing state aid regulations and promoting the digital transformation;
Amendment 33 #
2020/2076(INI)
Draft opinion
Paragraph 3 b (new)
Paragraph 3 b (new)
3 b. Considers that the New Industrial Strategy should focus, in line with the Green New Deal, on the creation and development of ecological industries, on those industries that allow and enhance the reduction of carbon dioxide and other toxic gases and on the creation of a Single Market for all new ecological products that can come only from harmonized legislation and common standards at EU level;
Amendment 34 #
2020/2076(INI)
Draft opinion
Paragraph 3 b (new)
Paragraph 3 b (new)
3 b. Welcomes the 14 ecosystems identified by the Commission and the inclusive approach of bringing together all actors from a sector; strongly believes that the Industrial Strategy for Europe, combined with other policies such as competition policy and trade policy, will contribute to European sovereignty and strategic autonomy;
Amendment 35 #
2020/2076(INI)
Draft opinion
Paragraph 3 c (new)
Paragraph 3 c (new)
3 c. Stresses that the transformation of the EU economy and society required in order to fully achieve the objectives of the Green Deal will be a long and costly process that will need to be financed by a strong and prosperous industry willing to contribute to this transition; therefore encourages the Commission to have an active and open dialogue with all the industrial sectors and relevant stakeholders making sure that the abrupt changes brought about by the new legislation do not have a negative impact on the Single Market;
Amendment 37 #
2020/2076(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Stresses that EU industrial competitiveness relies on a fully functioning Single Market in Products and Services; underlines that the Commission must consider how to address barriers to cross- border services as part of any revised set of prioritiesdeepen the Single Market as part of any revised set of priorities and address the existing regulatory and non-regulatory internal market barriers stemming from restrictive and complex national rules, limited administrative capacities and imperfect transposition of EU rules, as well as their inadequate enforcement; stresses the importance of more flexible and transparent governance of the internal market with more effective peer reviews to identify and address barriers and non- compliance, improved monitoring and performance tools such as Internal Market Scoreboard to better reflect market reality, and a strengthened SOLVIT network;
Amendment 44 #
2020/2076(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Notes that investment in innovative means of productionResearch and Innovation and deployment of innovative technologies, means of production and upskilling workers particularly in SMEs should foster cohesion amongst all EU regions, allowing them to accomplish fair, resilient and inclusive economic growth, allowing them to transition and innovate to access market opportunities;
Amendment 47 #
2020/2076(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Underlines the importance of sustainability, which is central to plans to develop European industryStresses that successful digital and green transition as well as European competitiveness on the global stage require an increased level of trust between Member States and strong political ambition in designing and implementing the industrial strategy; underlines the importance of sustainability, which is central to plans to develop European industry; stresses the need to advance the circular economy and encourage sustainable production and consumption by reducing the environmental and resource footprint while providing incentives for innovation; recalls in this regard the European Council conclusions of 12 December 2019, highlighting the need to establish a framework for actions that benefits all Member States;
Amendment 58 #
2020/2076(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Stresses that in supporting SMEs through the European Structural and Investment Funds (ESIF) the goal should be, inter alia, the economical growth and diversification, an innovative and smart economic transformation, a greener and low carbon EU, as well as an EU which is more connected and aims to ensure long- term and sustainable employment;
Amendment 67 #
2020/2076(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Highlights the significant role public procurement plays in shaping the trajectory of European industry and calls on the Commission to continue working on the correct implementation of EU public procurement legislation in order to create a well-functioning and harmonised Single Market across sectors;
Amendment 78 #
2020/2076(INI)
Draft opinion
Paragraph 8
Paragraph 8
8. Believes that the rules that govern competition in the EU should be further reflected upon, so as to be adequate for both the European market and the global economic context; in the interim, calls on the Commission to ensure that the temporary frameworks approved for state aid do not distort competition within the Single Market in the medium to long term; stresses that competition distortions must also be addressed to avoid long-term fragmentations and effectively protect consumers’ choices and fundamental rights;
Amendment 79 #
2020/2076(INI)
Draft opinion
Paragraph 8
Paragraph 8
8. Believes that the rules that govern competition in the EU should be further reflected upon, so as to be adequate for both the European market and the global economic context; in the interim, calls on the Commission to ensure that the temporary frameworks approved for sState aid do not distort competition within the Single Market in the medium to long term; calls on the Commission to set common minimum standards in order to specify requirements for companies receiving financial assistance which are in line with ESG criteria and taxation transparency in order to avoid different national criteria giving rise to further discrepancies;
Amendment 83 #
2020/2076(INI)
Draft opinion
Paragraph 8 a (new)
Paragraph 8 a (new)
8 a. Underlines that a revision of the EU Industrial Strategy must promote the creation and entry of SMEs in the Single Market, and calls for a stable, predictable and properly regulated environment in which to conduct their businesses and keep their competitiveness and market share, as well as overall growth, investment and job creation;
Amendment 84 #
2020/2076(INI)
Draft opinion
Paragraph 8 a (new)
Paragraph 8 a (new)
8 a. Calls on the Commission to integrate in the New Industrial Strategy mechanisms that level the costs of the EU’s industrial sustainable production, ensuring the competitiveness of EU industry on the global market;
Amendment 87 #
2020/2076(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. NWelcomes the Recovery Fund and the Next Generation EU instrument to develop strong Cohesion and Industrial policies; notes that the EU’s cohesion policy needs adequate financing from the ESIF to foster economic, social and territorial cohesion in all EU regions by helping to reduce economic and social disparities, achieve positive convergence and foster sustainable developmentand climate-resilient development; recognizes the role of ESIF in European regions to develop skills and build capacities for smart specialization, circular economy, entrepreneurship and transition to industry 4.0;
Amendment 91 #
2020/2076(INI)
Draft opinion
Paragraph 9
Paragraph 9
9. Emphasises that the Industrial Strategy should support free trade and the EU’s commitment to working with our global partners; calls on the Commission to clarify how it intends to maintain these commitments while promoting the emergence of global leaders originating in Europe; calls on the Commission to further clarify where it considers autonomy necessary and in the economic interests of the EU, and to prevent the over- dependency of EU industry on third countries for critical products;
Amendment 93 #
2020/2076(INI)
Draft opinion
Paragraph 9 a (new)
Paragraph 9 a (new)
9 a. Stresses that the high degree of divergence in controls of products from third countries and in customs procedures and sanctions policies at the EU’s points of entry into the Customs Union often results not only in trade flow and supply chain distortions, but also in significant health and safety risks for consumers in the European single market; insists that the Commission ensure that custom controls throughout the EU follow the same standards, by means of a direct unified customs control mechanism, in coordination with Member States and in full compliance with the principle of subsidiarity;
Amendment 106 #
2020/2076(INI)
Draft opinion
Paragraph 10 a (new)
Paragraph 10 a (new)
10 a. Emphasises that the New Industrial Strategy should support innovation in the automotive and machinery sectors, which will help the industry meet its emissions goals with cleaner combustion and electric vehicles and equipment with longer life-spans and lower carbon footprints; believes that such actions can increase the confidence of the consumer in the quality of the products purchased and made in the Internal Market and strengthen our economy going forward;
Amendment 4 #
2020/2040(INI)
Motion for a resolution
Citation 19 a (new)
Citation 19 a (new)
- having regard to its resolution of 15 November 2018 on care services in the EU for improved gender equality1a, _________________ 1a OJ C 363, 28.10.2020, p. 80.
Amendment 8 #
2020/2040(INI)
Motion for a resolution
Citation 25 a (new)
Citation 25 a (new)
- having regard to the European Parliament resolution of 28 November 2019 on the EU’s accession to the Istanbul Convention and other measures to combat gender-based violence2a, _________________ 2a Texts adopted, P9_TA(2019)0080.
Amendment 13 #
2020/2040(INI)
Motion for a resolution
Recital A
Recital A
A. whereas the principle of equality between women and men is a core value of the EU, enshrined in the Treaties and the Charter of Fundamental Rights of the European Union; whereas gender mainstreaming should therefore be implemented and integrated as a horizontal principle in all EU activities and policies measures and actions, including Cohesion Policy; whereas Article 7 of the Common Provisions Regulation (EU) No 1303/2013 for 2014-2020 establishes that equality between men and women and the integration of gender perspective shall be taken into account and promoted throughout the preparation and implementation of programmes, including in relation to monitoring, reporting and evaluation;
Amendment 21 #
2020/2040(INI)
Motion for a resolution
Recital A a (new)
Recital A a (new)
A a. whereas Cohesion Policy addresses disparities between various regions and the backwardness of the least favoured regions with a view to achieving economic, social and territorial cohesion, of which the achievement of gender equality is an essential part;
Amendment 26 #
2020/2040(INI)
Motion for a resolution
Recital B
Recital B
B. whereas cohesion policy is asnot only vital to economic growth and social cohesion but is also an important policy tool to support gender equality;
Amendment 33 #
2020/2040(INI)
Motion for a resolution
Recital C
Recital C
C. whereas promoting gender equality is importantkey to reduceing regional economic and social disparities and for ensuringes the long-term sustainable development of regions;
Amendment 47 #
2020/2040(INI)
Motion for a resolution
Recital E
Recital E
E. whereas gender-disaggregated data and the adoption of appropriate selection procedures are considered usefuessential for promoting gender equality;
Amendment 52 #
2020/2040(INI)
Motion for a resolution
Recital F a (new)
Recital F a (new)
F a. whereas the participation of women is still limited in all stages of the cohesion policy cycle, especially in the development of Operational Programmes, decision-making processes and integration of gender equality in the implementation of the selected projects;
Amendment 54 #
2020/2040(INI)
G. whereas preliminary studies suggest that the COVID-19 pandemic has exacerbated existing inequalities, bythe full economic, employment and social consequences of the pandemic are still unknown; whereas preliminary studies suggest that the COVID-19 pandemic has exacerbated existing inequalities between men and women, including an increase in unpaid care work and an increase in gender- based violence, whereas the public health crisis has a disproportionately impacting women and marginalised groups on women and girls and in particular women and girls from marginalised groups, which Cohesion Policy should take into account;
Amendment 63 #
2020/2040(INI)
Motion for a resolution
Recital H a (new)
Recital H a (new)
H a. whereas small and medium- sized enterprises are the backbone of regional economies, whereas the promotion of equality, work-life balance, inclusive hiring and equal pay will enable gender equality in SMEs;
Amendment 91 #
2020/2040(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Emphasises the importance of a coordinated governance framework on gender equality, national guidelines and technical support, and for gender impact monitoring, available in the official EU languages, as well as stronger scrutiny at EU level after the adoption of operational programmes;
Amendment 107 #
2020/2040(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. EncouragesCalls on the Member States to coordinate closely with local and regional authorities and civil society partners, in particular in the framework of the partnership agreement and when drafting the partnership principle, to take into account challenges related to effective equality policies at local and regional level;
Amendment 114 #
2020/2040(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10 a. Highlights that the gender equality dimension could be supported by promoting female entrepreneurship and management, and reducing gender gaps in company decision-making positions, urges the Council to reach an agreement on the Directive on gender balance among non-executive directors of companies listed on stock exchanges (Women on boards Directive), as it is a very important tool for achieving a greater gender balance in economic decision-making at the highest level;
Amendment 122 #
2020/2040(INI)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11 a. Calls on the Council to urgently conclude the EU ratification of the Convention on preventing and combating violence against women, asks the Commission to submit a legal act tackling all forms of gender-based violence and take the necessary steps to have violence against women included in the catalogue of EU-recognised crimes;
Amendment 129 #
2020/2040(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Recognises the burden placed on women as principal caregivers in formal and informal settings, as well as its social value, especially during the COVID-19 crisis; whereas 80% of all care provided across the EU is provided by (unpaid) informal carers, 75% of whom are women; therefore points out the crucial role of cohesion policy in securing investments in care services, to improve working conditions in this sector and to support a transition towards a care economy;
Amendment 131 #
2020/2040(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12 a. Points at the relevant role of Cohesion Funds in securing investment in care services; requests the Commission to propose a Care Deal for Europe aimed at supporting a transition towards a care economy in which Cohesion Policy should play a fundamental role;
Amendment 132 #
2020/2040(INI)
Motion for a resolution
Paragraph 12 b (new)
Paragraph 12 b (new)
12 b. Emphasises the fact that countless women are facing the challenges of the Covid-19 pandemic, including lockdowns, in order to contain the coronavirus which has led to spikes in domestic violence reports; calls on the Commission and Member States to allocate cohesion policy funding for creating plans to address the global increase of gender-based violence that can be triggered by natural disasters and pandemics; notes that in many EU countries, the pandemic exposed severe weaknesses in support systems for victims of gender-based violence; there is great regional, national and local disparity in the quantity of funding and quality of services provided for women and children suffering from gender-based violence which includes physical, sexual, psychological and economic violence as well; cohesion policy should aim at dismantling such inequalities in accessing services that guarantee the basic human rights of women and children suffering from gender-based violence;
Amendment 133 #
2020/2040(INI)
Motion for a resolution
Paragraph 12 c (new)
Paragraph 12 c (new)
12 c. Underlines that among the many inequalities exposed by the COVID-19 pandemic, the digital divide is a serious one, affecting in particular less developed regions, women, elderly people and people living in the Outermost regions and rural, remote and depopulated areas; greater investment is needed in digitalisation, digital innovation and digital connectivity, which will enable a fair and equal transition towards a more digital economy and a digital online education system, accessible to all citizens, especially the most vulnerable in society;
Amendment 134 #
2020/2040(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. SRecognizes that innovation is a key element to boost growth and jobs in Europe and tailor-made strategies can enable each region to identify and develop its own competitive advantages; stresses that cohesion policy needs to support equal access to training for women in order to bridge the digital gender gap and to support the green and digital transitions;
Amendment 152 #
2020/2040(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Calls for compulsory requirements on gender equality objectives to be introduced in all post-2020 operational programmes, with specific and interdisciplinary measures to be translated into all operations; furthermore, equality between men and women, gender mainstreaming and the integration of gender perspective should be taken into account and promoted throughout the implementation of operational programmes;
Amendment 159 #
2020/2040(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Strongly supports the ex ante requirement of developing a national gender equality strategy to underpin cohesion policy interventions in order to improve its effectiveness and value added in relation to gender equality; calls on the Member States to set up binding national gender equality strategies;
Amendment 167 #
2020/2040(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Stresses the importance of partnerships with gender equality bodies and their involvement in all programme phases;, in order to guarantee a better alignment between the implemented actions and the needs of women by consolidating institutional framework and strengthening the gender equality coordination and support bodies in all the policy domains; therefore believes that all bodies created in the area of cCohesion pPolicy should be gender balanced;
Amendment 170 #
2020/2040(INI)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18 a. Calls for the integration of a strong partnership principle in operational programmes under cohesion policy which will allow recipients, such as regions, cities and people shaping investment to meet their local needs, while ensuring that the importance of gender equality is promoted and addressed in all operational programmes;
Amendment 171 #
2020/2040(INI)
Motion for a resolution
Paragraph 18 b (new)
Paragraph 18 b (new)
18 b. Believes that cohesion policy should contribute to the widely existing urban inequalities by better integrating women in policy planning for regional and urban development to design gender- inclusive cities and communities that work for all; underlines that gender- sensitive urban planning can ensure a fairer and more equal access to urban goods; regions and local governments have a key role to play in the promotion of social inclusion, and gender sensitive territorial planning can contribute to making advancements in this process;
Amendment 172 #
2020/2040(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Underlines that aCalls for the introduction of a mandatory gender impact assessment ashould be a mandatory part of the Member States’ evaluations on how the funds are spent and whether compliance with gender equality targets is respectedin connection with the promotion of equality between women and men. It should be monitored how the funds are spent and whether the implemented programmes have a human rights, women’s rights- based approach;
Amendment 177 #
2020/2040(INI)
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
Amendment 179 #
2020/2040(INI)
Motion for a resolution
Paragraph 19 b (new)
Paragraph 19 b (new)
19 b. Calls on the Commission and Member States to ensure that during the mid term review of the post-2020 cohesion policy, that an evaluation on the use of the resources is carried out to assess their effectiveness, efficiency, impact and, where applicable, inclusiveness and non- discrimination, including from a gender perspective;
Amendment 31 #
2020/2039(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
Ba. whereas economic migrants contribute more in taxes and social contributions than they receive in individual benefits1a; _________________ 1a https://www.oecd.org/migration/OECD%2 0Migration%20Policy%20Debates%20Nu mero%202.pdf
Amendment 89 #
2020/2039(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Notes that in general rural, post- industrial and remote areas are facing a number of specific situations: a considerable decline in population numbers, lower than national or EU average levels of income and difficulties of territorial integration with other regions, making them more exposed to the risk of depopulation; , which also leads to difficulties in accessing public services, such as housing, education, healthcare including access to vital drugs; points out that rural regions currently account for 28 % of Europe’s population but this is predicted to fall significantly in the future;
Amendment 95 #
2020/2039(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Highlights that EU initiatives directed to rural areas such as cohesion and agricultural policies, should be further strengthened through promoting better coordination of policy initiatives that support youth employment, entrepreneurship, digitalisation and support for young and new farmers;
Amendment 99 #
2020/2039(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Draws attention to some of the drivers of demographic change, forcing inhabitants from the abovementioned areas to leave and discouraging others from moving there: poor infrastructure, including a lack of fast broadband internet and missing transport networks, fewer job opportunities, high level of youth unemployment, lack of public services and difficult access to health services, fewer education opportunities, making it more difficult to adapt to technological change, and a lack of cultural venues and leisure activities;
Amendment 140 #
2020/2039(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Stresses that local and regional authorities should play a decisive role in developing territorial strategies, taking into consideration the development needs and the potential of the areas concerned, including the economic, social and demographic trends; points out that community-led local development strategies are a useful tool that can be used to create jobs and increase accessibility to services at local level; Recognises the great potential of the circular economy and bioeconomy in revitalising these areas;
Amendment 149 #
2020/2039(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Considers that the Urban Agenda for the EU, which identifies major priorities and actions for improving the quality of life in urban areas could serve as a model for providing proper instruments promoting growth, integration, cooperation and innovation and tackling social challenges; insists also on developing strategies aimed at enhancing the knowledge economy and smart specialisation in European regions, including through developing knowledge networks and providing support for human capital investments; underlines that cohesion policy should contribute to combat inequalities and to create opportunities for minorities such as the Roma;
Amendment 150 #
2020/2039(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Considers that the Urban Agenda for the EU, which identifies major priorities and actions for improving the quality of life in urban areas could serve as a model for providhelps shaping proper instruments promoting growth, integration, cooperation and innovation and tackling social challenges; insists also on developing strategies aimed at enhancing the knowledge economy and smart specialisation in European regions, including through developing knowledge networks and providing support for human capital investments;
Amendment 152 #
2020/2039(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Recalls the need for strategies aimed at reversing labour migration at EU and national level; calls on local and regional authorities to increase their attractiveness and to tackle the brain drain in ‘sending’ regions through prevention, mitigation and appropriate responses; underlines in this context that there are already several initiatives in various Member States, such as incentives for workers with highly specialised skills, aimed at turning the brain drain into a brain gain for the regions in question;
Amendment 171 #
2020/2039(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Recalls that the Recovery and Resilience Facility will provide large-scale financial support to make Member States’ economies more resilient and better prepared for the future, and insists that Member States should propose measures for addressing demographic change; highlights the importance of the instruments for a transition to sustainability such as the Just Transition Fund and its implementation mechanism, which aim to support the communities affected by the energy transition and avoidthrough helping transformation to avoid, among other, the risk of depopulation;
Amendment 193 #
2020/2039(INI)
Motion for a resolution
Paragraph 22 a (new)
Paragraph 22 a (new)
22a. highlights that dialogue between stakeholders, civil society and authorities, can contribute to an improved absorption of cohesion funds and an increase quality of projects ;
Amendment 199 #
2020/2039(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Calls on the European Commission and Member States to include demographic challenges in their European and national development policies and long- term strategies for sustainable development correlated with the European Semester, thus ensuring proper financing for demographic issues;
Amendment 221 #
2020/2039(INI)
Motion for a resolution
Paragraph 24 a (new)
Paragraph 24 a (new)
24a. Stresses that in many rural areas children, with parents living and working abroad, who are often in the care of a family member or living alone, are facing difficulties in accessing basic services; Calls on regional and local authorities to identify the needs of these children, to establish counselling services where appropriate and to facilitate family reunification and access to housing, healthcare and education;
Amendment 240 #
2020/2039(INI)
Motion for a resolution
Paragraph 26 a (new)
Paragraph 26 a (new)
26a. Underlines that seasonal workers are important to fill shortages in certain sectors, specially agriculture; Highlights that Several Member States have introduced measures to mitigate the effects of the COVID-19 pandemic which negatively affected seasonal workers; Calls on the Commission and Member States to ensure decent working and living conditions for seasonal workers and recognising their economical and social strategic value;
Amendment 269 #
2020/2039(INI)
Motion for a resolution
Paragraph 33
Paragraph 33
33. Recommends, where appropriate, the reform of education and training systems in the Member States, combined with policies to prevent a permanent brain drain from the ‘sending’ regions; insists on using local at regional advantages, as well as the development of economic and social facilities, not only to prevent the brain drain, but also to reverse this phenomenon; Encourages regional and local authorities to facilitates access to dual education in order improve the transition from education to employment;
Amendment 275 #
2020/2039(INI)
Motion for a resolution
Paragraph 33 a (new)
Paragraph 33 a (new)
33a. Underlines labour mobility should be promoted as an opportunity which encourages sharing of skills and professional experience and which can help reduce skills shortages in these regions;
Amendment 281 #
2020/2039(INI)
Motion for a resolution
Paragraph 34
Paragraph 34
34. Calls on the Commission to ensure that the initiative on the long-term vision for rural areas includes practical solution and means of support to address peripheries and demographic changes; invites the Commission, in agreement with the Member States, to propose a ‘new deal’ on demographics in the EU as a multi-level policy approach;
Amendment 6 #
2020/2038(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Acknowledges the need to strike a balance between economic, social, cultural and environmental needs in order to comprehensively ensure the long-term sustainability of tourism; stresses the need to study the resilience of cultural heritage;
Amendment 10 #
2020/2038(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Recognises that cultural tourism has significant potential to generate growth and jobs in the EU, with as many as four in ten tourists already choosing their destination on the basis of its cultural offering; recalls the role of the EAFRD and more particularly the LEADER programme;
Amendment 29 #
2020/2038(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Calls on the Member States to further promote sustainable cultural tourism, paying particular attention to local economies, lifestyles and traditions and ensuring that local industries and communities are closely involved; stresses the role of the Cohesion Funds, and in particular the ERDF, in preserving and promoting the cultural heritage, by making it possible to fund alternative tourism using new digital means and construction techniques where sites are too fragile to be visited;
Amendment 42 #
2020/2038(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Insists on the need, without prejudice to the principle of subsidiarity, to promote and supplement the capacities of the Member States in education and training in the field of sustainable tourism; stresses the importance of using virtual technologies to raise awareness of the cultural heritage; also recalls the importance of training skilled craftspeople and of the necessity of European exchanges of ancestral know- how;
Amendment 55 #
2020/2038(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Is concerned about the impact on cultural heritage sites of poorly managed tourism and uncontrolled development; calls on the Commission to propose concrete measures to preserve and protect cultural heritage in the light of these human-made hazards; calls for the most endangered European cultural sites to be identified at EU level in order to provide them with greater protection and adequate funding;
Amendment 70 #
2020/2038(INI)
Draft opinion
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Stresses that the impact of COVID-19 may result in a dramatic change in tourists’ destination choices and in the emergence of new opportunities for the tourist industry; in this context, stresses the importance of promoting a shift from mass tourism to other forms of cultural and sustainable tourism;
Amendment 75 #
2020/2038(INI)
Draft opinion
Paragraph 8 b (new)
Paragraph 8 b (new)
8b. Calls for European funds, within the framework of the Coronavirus Response Investment Initiative, to be mobilised to relaunch sustainable tourism and responsible territorial marketing in the regions hardest hit by the partial or total shutdown of the tourism sector, due to the COVID-19 crisis;
Amendment 2 #
2020/2023(INI)
Draft opinion
Recital A
Recital A
A. whereas an agreement with the UK must ensure a balance of rights and obligations, respect the full integrity and proper functioning of the EU’s internal market and customs union, and guarantee a level playing field for businesses as well as a high level of consumer protection;
Amendment 23 #
2020/2023(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Believes that under no circumstance a third country can have the same rights or enjoy the same benefits as a Member State; stresses that the rights and privileges associated with the access to the internal market go hand in hand with strict obligations for full respect of and compliance with internal market rules; recalls, therefore, that a balanced, ambitious and wide-ranging free trade agreement can only be agreed if a level playing field is secured through stipulation, proper implementation and effective enforcement of robust commitments;
Amendment 33 #
2020/2023(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Underlines that dynamic regulatory alignment on the market surveillance of products and robust product standards should be an essential and irreplaceable part of any future agreement so as to ensure a level playing field for EU businesses and a high level of protection for EU consumers through effective market surveillance; underlines that a level playing field requires a horizontal mechanism, such as an overall governance framework covering all areas of cooperation, to ensure effective implementation, enforcement and dispute settlement through adequately resourced domestic authorities and effective administrative and judicial proceedings, and to provide the Union with adequate mechanisms to compensate for the UK’s possible non-compliance in every covered area;
Amendment 44 #
2020/2023(INI)
Draft opinion
Paragraph 8 a (new)
Paragraph 8 a (new)
8 a. Stresses the importance of an overarching chapter on the needs and interests of small and medium-sized enterprises (SMEs) with regard to market access facilitation issues including, but not limited to, compatibility of technical standards, and streamlined customs procedures with the aim of preserving and generating concrete business opportunities and fostering their internationalisation; emphasizes the need to enhance the ability of SMEs to benefit from trade in the future EU-UK economic partnership, including through the sharing of information on laws, regulations, and customs; encourages the Parties to set up SME contact points;
Amendment 50 #
2020/2023(INI)
Draft opinion
Paragraph 9
Paragraph 9
9. Stresses that ambitious arrangements should be included to facilitate electronic commerce and data flows, to address unjustified barriers to trade by electronic means, and to ensure an open, secure and trustworthy online environment for businesses and consumers, in conformity with EU rules on data protection;
Amendment 72 #
2020/2023(INI)
Draft opinion
Paragraph 13 a (new)
Paragraph 13 a (new)
13 a. Calls on the Parties to work towards simplification of their requirements and formalities for customs procedures in order to reduce the time and costs thereof for traders or operators, including small and medium-sized enterprises;
Amendment 180 #
2020/2021(INI)
Motion for a resolution
Paragraph 5 – point a
Paragraph 5 – point a
a) by guaranteeing, subject to rules on trade secrets, unrestricted access to repair and maintenance information and spare parts for all those involved in the repair industry and all consumers,
Amendment 255 #
2020/2021(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
Amendment 258 #
2020/2021(INI)
Motion for a resolution
Paragraph 10 – introductory part
Paragraph 10 – introductory part
10. Welcomes the announcement of a common database and of a ‘product passport’ to improve traceability and transparency; calls for these tools to be developed in such a way as to:
Amendment 260 #
2020/2021(INI)
Motion for a resolution
Paragraph 10 – point a
Paragraph 10 – point a
Amendment 262 #
2020/2021(INI)
Motion for a resolution
Paragraph 10 – point b
Paragraph 10 – point b
Amendment 265 #
2020/2021(INI)
Motion for a resolution
Paragraph 10 – point c
Paragraph 10 – point c
Amendment 267 #
2020/2021(INI)
Motion for a resolution
Paragraph 10 – point d
Paragraph 10 – point d
d) involve the adoption of guidelines and ambitious minimum standards on data exchange and protection, to be applied to both business-to-business transactions and business-to-consumer transactions, thereby significantly improving product traceability;eleted
Amendment 272 #
2020/2021(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Takes note of digital technologies’ contribution to innovation and in forging a more circular economy; calls for derogations to be made from intellectual property law to allow full use to be made of such technologies when in the public interest, for example during a health crisis;
Amendment 288 #
2020/2021(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Takes the view that public procurement should be central to the EU’s economic recovery plan, in line with the European Green Deal; calls for absolute priority to be given to stimulating demand for eco-innovative goods and services and ensuring access for small and medium- sized enterprises by introducing, inter alia, preferential award criteria;
Amendment 304 #
2020/2021(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
Amendment 325 #
2020/2021(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
Amendment 332 #
2020/2021(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
Amendment 340 #
2020/2021(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
Amendment 2 #
2020/2018(INL)
Motion for a resolution
Citation 2 a (new)
Citation 2 a (new)
- having regard to the communication from the Commission of 11 January 2012, entitled “A coherent framework for building trust in the Digital Single Market for e-commerce and online services” COM/2011/0942 final,
Amendment 5 #
2020/2018(INL)
Motion for a resolution
Citation 2 b (new)
Citation 2 b (new)
- having regard to the Memorandum of Understanding on the sale of counterfeit goods via the internet of 21 June 2016 and its review in the Communication from the Commission to the European Parliament, the Council and the European Economic and Social Committee of 29 November 2017, entitled “ A balanced IP enforcement system responding to today's societal challenges” (COM (2017) 707) final,
Amendment 6 #
2020/2018(INL)
Motion for a resolution
Citation 3 a (new)
Citation 3 a (new)
- having regard to the Communication from the Commission of 28 September 2017, entitled “Tackling Illegal Content Online: Towards an enhanced responsibility of online platforms” (COM (2017) 555), and its Recommendation of 1 March 2018 on measures to effectively tackle illegal content online (COM (2018) 1177),
Amendment 23 #
2020/2018(INL)
Motion for a resolution
Recital B
Recital B
B. whereas the Directive 2000/31/EC of the European Parliament and of the Council2 (“the E-Commerce Directive”) has been one of the most successful pieces of Union legislation and has shaped the Digital Single Market as we know it today; whereas the E-Commerce Directive was adopted 20 years ago and no longer adequately reflects the rapid transformation and expansion of e- commerce in all its forms, with its multitude of different emerging services, providers and challengeswhereas since its adoption 20 years ago, the European Court of Justice has issued a number of judgments in relation to it; whereas the clarifications made by the European Court of Justice should be codified; __________________ 2 Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market ('Directive on electronic commerce') (OJ L 178, 17.7.2000, p. 1).
Amendment 33 #
2020/2018(INL)
Motion for a resolution
Recital C
Recital C
C. whereas, despite the clarifications made by the European Court of Justice, the need to go beyond the existing regulatory framework is clearly demonstrated by the fragmented approach of Member States to tackling illegal content online, by the lack of enforcement and cooperation between Member State, currently Member States have fragmented approach to tackling illegal content online as, since the entry into force of Directive 2000/31/EC, some Member States have adopted their own rules on 'notice-and-action' mechanisms; whereas there are therefore increasing differences between such national rules; whereas, as a consequence, the service providers concerned cand by the inability of the existing legal framework to promote effective market entrye subject to a range of different legal requirements which are diverging as to their content and sconsumer welfarpe;
Amendment 35 #
2020/2018(INL)
Motion for a resolution
Recital C a (new)
Recital C a (new)
Ca. whereas a recent Parliament 1a study shows that the potential gain of completing the Digital Single Market for services could be up to €100 billion; whereas the Digital Services Act should not only be a way to regulate those services but should also aim at unlocking this potential to the benefit of the European economy; __________________ 1a“Europe’s two trillion euro dividend, Mapping the Cost of Non-Europe 2019- 2024”, EPRS, PE 631.745, April 2019
Amendment 38 #
2020/2018(INL)
Motion for a resolution
Recital C b (new)
Recital C b (new)
Cb. whereas the E-Commerce Directive provides the foundations for the Digital Single Market by setting out the country of origin principle, forbidding any form of prior authorisation, establishing a limited liability regime and a ban on a general monitoring obligation, and great care must be taken to not alter these principles if the Commission decides to propose to amend, widen, or limit this Directive;
Amendment 39 #
2020/2018(INL)
Motion for a resolution
Recital D
Recital D
D. whereas the social and economic challenges brought by the COVID-19 pandemic are showing the resilience of the e-commerce sector and its potential as a driver for relaunching the European economy; whereas, at the same time, the pandemic has also exposed serious shortcomings of the current regu the Commission contacted a number of platforms, social media, search engines and market places rapidly to require their cooperation in taking down scams from their platforms; whereas platfory framework which call for action at Union level to address the difficulties identified and to prevent them from happening in the futurems replied positively to this call for cooperation and since then a rapid and efficient information exchange is in place; whereas, at the same time, the pandemic has also shown that platforms and online intermediation services need to step up their efforts to rapidly detect and take down fake claims and tackling the misleading practices of rogue traders in a consistent and coordinated manner, in particular of those selling false medical equipment online; whereas this calls for action at Union level to have a more coherent and coordinated approach to combat these misleading practices;
Amendment 46 #
2020/2018(INL)
Motion for a resolution
Recital D a (new)
Recital D a (new)
Da. whereas scandals recently emerged regarding data harvesting and selling, Cambridge Analytica, fake news, political advertising and manipulation and a host of other online harms (from hate speech to the broadcast of terrorism);
Amendment 48 #
2020/2018(INL)
Motion for a resolution
Recital D b (new)
Recital D b (new)
Db. whereas Directive (EU) 2019/770, Directive (EU) 2019/771, and Directive (EU) 2019/2161 were all adopted less than a year ago and are still in the process of being implemented and transposed into national legislation;
Amendment 49 #
2020/2018(INL)
Motion for a resolution
Recital D c (new)
Recital D c (new)
Dc. whereas Regulation (EU) 2019/1150 on promoting fairness and transparency for business users of online intermediation services only came into force in July 2019 and is only binding on platforms from 12 July 2020;
Amendment 50 #
2020/2018(INL)
Motion for a resolution
Recital D d (new)
Recital D d (new)
Dd. whereas the COVID-19 pandemic has shown how vulnerable EU consumers are to misleading trading practices by dishonest traders selling illegal products online that are not compliant with Union safety rules or imposing unjustified and abusive price increases or other unfair conditions on consumers; whereas this problem is aggravated by the fact that often the identity of these companies cannot be established;
Amendment 62 #
2020/2018(INL)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Welcomes the Commission’s commitment to submit a proposal for a Digital Services Act package, and, on the basis of Article 225 of the Treaty on the Functioning of the European Union (TFEU), calls on the Commission to submit such a package on the basis of the relevant Articles of the Treaties, following the recommendations set out in the Annex hereto;
Amendment 81 #
2020/2018(INL)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Stresses that Commission should, ahead of a possible revision of the E- Commerce Directive, complete a full public consultation, including an in person stakeholder hearing, and a full impact assessment, take into account the lessons learned from the COVID-19 crisis and from the European Parliament resolutions; similarly, stresses that this must also apply to other potential pieces of the Digital Services Act package;
Amendment 84 #
2020/2018(INL)
Motion for a resolution
Paragraph 2 b (new)
Paragraph 2 b (new)
2b. Underlines that, if a revision is approved by the co-legislators, that implementation of the final adopted legislations should be supported by the adoption of Vademecums and implementation guidelines;
Amendment 88 #
2020/2018(INL)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Considers that the main principles of the E-Commerce Directive, such as the internal market clause, freedom of establishment and the prohibition on imposing a general monitoring obligation should be maintained; underlines that the principle of “what is illegal offline is also illegal online”, as well as the principles of consumer protection and user safety, should also become guiding principles of the future regulatory framework; at the same time, underlines the opposite must be equally true in that digital goods and services must be able to freely move within the Single Market similarly to the free movement of physical goods and offline services;
Amendment 120 #
2020/2018(INL)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Takes the view that a level playing field in the internal market between the platform economy and the "traditional" offline economy, based on the same rights and obligations for all interested parties - consumers and businesses - is needed; considers that social protection and social rights of workers, especiallythe Digital Single Act should not tackle the issue of platform wor collaborative economy workers should be properly addressed in a specific instrument, accompanying the future regukers; notes that a report is being prepared by the relevant committee of the European Parliament on “Fair working conditions, rights and social protection for platfory frameworkm workers - New forms of employment linked to digital development”;
Amendment 127 #
2020/2018(INL)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Calls on the Commission to focus its work and to ensure that any legislation is targeted and limited; encourages the Commission to refrain from any attempt to cover all long standing Digital Single Market issues within a single package; underlines that the previous Commission already had an extensive digital agenda and that there is a need to assess its effect before regulating again on the same issue; underlines in particular that Directive (EU) 2019/770 and Directive (EU) 2019/771 are still to be properly transposed and implemented; asks the Commission to take this into account before taking additional measures;
Amendment 131 #
2020/2018(INL)
Motion for a resolution
Paragraph 5 b (new)
Paragraph 5 b (new)
Amendment 144 #
2020/2018(INL)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Underlines that any future proposals should be based on the Single Market under Article 114 TFEU and support its completion; underlines that if the Commission believes proposals are needed for both matters covered by rules on competition (Title VII, Chapter 1 TFEU) and those covered by approximation of laws (Title VII, Chapter 3 TFEU), separate instruments should be used and proposed; underlines that any combination of measures under both policy areas (ex-ante and ex-post measures) into a single instrument could be viewed as the politicising of competition policy and therefore would harm the respect for competition policy decisions and their implementation by bodies world-wide;
Amendment 146 #
2020/2018(INL)
Motion for a resolution
Paragraph 6 b (new)
Paragraph 6 b (new)
6b. Recalls that there is no consensus on the concept of data as a form of remuneration and therefore believes it would be premature to seek to change the scope of the E-Commerce Directive or base future measures upon this idea; notes that data is a non-consumable resource and can be exchanged an infinite number of times;
Amendment 147 #
2020/2018(INL)
Motion for a resolution
Paragraph 6 c (new)
Paragraph 6 c (new)
6c. Stresses that any future legislative proposals should seek to remove current, and prevent potentially new barriers in the supply of digital services by online platforms; underlines, at the same time, that new Union obligations on platforms must be proportional and clear in nature in order to avoid unnecessary regulatory burdens or unnecessary restrictions; underlines the need to prevent gold- plating practices of Union legislation by Member States;
Amendment 148 #
2020/2018(INL)
Motion for a resolution
Paragraph 6 d (new)
Paragraph 6 d (new)
6d. Recalls that the E-Commerce Directive was drafted in a technologically neutral manner in order to avoid amendments of the legal framework arising from the fast pace of innovation in the IT sector; asks the Commission to ensure that any revisions continue to respect this technologically neutral manner;
Amendment 149 #
2020/2018(INL)
Motion for a resolution
Paragraph 6 e (new)
Paragraph 6 e (new)
6e. Considers that the future Digital Services Act should take the form of several regulations rather than directives in order to ensure a more harmonised application and avoid delays in its transposition;
Amendment 152 #
2020/2018(INL)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Believes that the principles that governed the legislators when regulating information society services providers in the late 90’s are still valid and should be used when drafting any future proposals, namely: (a) To provide appropriate information on a wide scale (b) To prevent the creation of fresh obstacles and the re-fragmentation of the internal market (c) To reduce disputes to a minimum (d) To avoid the risks of over-regulation (e) To protect general interests more effectively and to identify any need for rules quickly (f) To step up administrative cooperation (g) To strengthen Union participation in international discussions;
Amendment 175 #
2020/2018(INL)
Motion for a resolution
Paragraph 9
Paragraph 9
Amendment 190 #
2020/2018(INL)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Stresses that the Digital Services Act should achieve the right balance between the internal market freedoms and the fundamental rights and principlestrengthen the internal market for services while protecting rights set out in the Charter of Fundamental Rights of the European Union, in particular freedom of expression;
Amendment 195 #
2020/2018(INL)
Motion for a resolution
Paragraph 11
Paragraph 11
Amendment 203 #
2020/2018(INL)
Motion for a resolution
Paragraph 12
Paragraph 12
Amendment 216 #
2020/2018(INL)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Considers that the current transparency and information requirements set out in the E-Commerce Directive on information society services providers and their business customers, that provide services to consumers (B2B2C) and the minimum information requirements on commercial communications, should be substantially strengthened;
Amendment 231 #
2020/2018(INL)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Calls on the Commission to require intermediate service providers to verifycollect the information and identity of the business partners with whom they have a contractual commercial relationship, and to ensure that the information they provide is accurate and up-to-date when those business partners have a direct relationship with consumers through the intermediate service, and to ensure that the information is updated in case competent authorities informed the providers of any inaccuracy;
Amendment 239 #
2020/2018(INL)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Calls on the Commission to introduce enforceable obligations on internet service providers aimed at increasing transparency and information, if proposing measures on internet service providers aimed at increasing transparency and information, to take into account the difference between the underlining hosting internet service provider on the one hand and a platform or other websites and its users on the other; stresses that internet service providers often have no contractual relations with a platform’s business users or consumers, including having no legal right to view or access data stored; asks the Commission to ensure that enforcement measures are targeted in a way that takes this difference into account and does not force the breach of privacy and legal process; considers that these obligations should be proportionate and enforced by appropriate, effective and dissuasive penalties;
Amendment 250 #
2020/2018(INL)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15a. Underlines the need for due process; stresses the need to prevent the abuse of transparency, redress and other systems by businesses in order to confront other businesses; believes that any revisions must seek to balance the rights of all users and ensure that the law is not drafted to favour one legitimate interest over another;
Amendment 272 #
2020/2018(INL)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Believes that while AI-driven services, currently governed by the E- commerce Directive, have enormous potential to deliver benefits to consumers and service providers, the new Digital Services Act should also address the concrete challenges not already covered by current legislation that they present in terms of ensuring non-discrimination, transparency and explainabilityon the data sets and the explainability - to the extent possible - of algorithms, as well as liability; points out the need to monitor algorithms and to assess associated risks, to use high quality and unbiased datasets, as well as to help individuals acquire access to diverse content, opinions, high quality products and services;
Amendment 281 #
2020/2018(INL)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17a. Recalls that the protection of personal data subject to automated decision-making processes is already covered, among others, by the General Data Protection Regulation and none of the proposals should seek to repeat or amend such measures;
Amendment 282 #
2020/2018(INL)
Motion for a resolution
Paragraph 17 b (new)
Paragraph 17 b (new)
17b. Underlines that algorithms can be protected as trade secrets within the meaning of the Directive 2016/943; stresses that any supervision of such algorithms, where needed, must be carried out by the national regulatory authority of the country of origin, on a case by case basis, only when a Member State has reason to believe that it has algorithmic bias, and be subject to clear confidentiality rules;
Amendment 283 #
2020/2018(INL)
Motion for a resolution
Paragraph 17 c (new)
Paragraph 17 c (new)
17c. Believes that the focus of the Commission should be on potential bias within datasets or in the output, rather than on the algorithms themselves;
Amendment 288 #
2020/2018(INL)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Considers that consumers shouldusers have the right to be properly informed and their rights should be effectively guaranteed when they interact with automated decision-making systems and other innovative digital services or applications; further considers that users should be informed when a service is personalised to its users and whether the personalisation can be switched off or otherwise limited; believes that it should be possible for consumusers to request checks and corrections of possible mistakes resulting from automated decisions, as well as to seek redress for any damage related to the use of automated decision-making systems;
Amendment 297 #
2020/2018(INL)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18a. Stresses that digital services should not exclusively use automated decision-making systems for consumer support;
Amendment 303 #
2020/2018(INL)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Stresses that the existence and spread of illegal content online is a severe threat that, such as incitement to terrorism, illegal hate speech, or child sexual abuse material, as well as infringements of intellectual property rights and consumer protection online undermines citizens' trust and confidence in the digital environment, and which also harms the economic development ofharms healthy platform ecosystems in the Digital Single Market and severely hampers the development of legitimate markets for digital services;
Amendment 310 #
2020/2018(INL)
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
19a. Believes that allowing new innovative business models to flourish and strengthening the Digital Single Market by removing barriers to the free movement of digital content, barriers which creates national fragmented markets and a demand for illegal content, have been proven to work in the past, especially in relation to the infringements of intellectual property rights;
Amendment 319 #
2020/2018(INL)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Notes that there is no ‘one size fits all’ solution to all types of Stresses the need to distinguish between ‘illegal and ’, ‘harmful content and cases of misinformation online; believes, however, that a more aligned approach at Union level, taking into account the different types of content, will make’, and other content; notes that some content linked to religious belief or political positions, for instance, might be considered harmful without being illegal; considers that 'harmful' legal content should not be regulated or defined in the fDight against illegal content more effectiveital Service Act as they are protected by the freedom of expression;
Amendment 328 #
2020/2018(INL)
Motion for a resolution
Paragraph 20 a (new)
Paragraph 20 a (new)
20a. Stresses also that content that might be seen as 'illegal' in some Member States, may not be seen as such in others as only some type of 'illegal' content are harmonised in the EU; notes that there is therefore no ‘one size fits all’ solution to all types of 'illegal' content;
Amendment 329 #
2020/2018(INL)
Motion for a resolution
Paragraph 20 b (new)
Paragraph 20 b (new)
20b. Believes, however, that a more aligned approach at Union level, taking into account the different types of content and online platforms and based on cooperation and exchange of best practices, will make the fight against 'illegal' content more effective;
Amendment 330 #
2020/2018(INL)
Motion for a resolution
Paragraph 20 c (new)
Paragraph 20 c (new)
20c. Underlines the need to adapt the severity of the measures that need to be taken by service providers to the seriousness of the infringement, so that the fight against terrorism, illegal hate speech, or child sexual abuse material take clear precedence over other types of infringements;
Amendment 340 #
2020/2018(INL)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Considers that voluntary actions and self-regulation by online platforms across Europe have brought some benefits, but and additional measures are needed in ordershould be taken to ensure the swift detection and removal of illegal content online;
Amendment 342 #
2020/2018(INL)
Motion for a resolution
Paragraph 21 a (new)
Paragraph 21 a (new)
21a. Would welcome the adoption of measures which would allow online intermediaries to do further self-controls of content on their sites without fear of increased liability under the E-Commerce Directive; at the same time, disagrees with any measures which would require self- controls in order to qualify for limited liability protections;
Amendment 345 #
2020/2018(INL)
Motion for a resolution
Paragraph 21 b (new)
Paragraph 21 b (new)
21b. Underlines, however, the need to prevent a general monitoring of content uploads and for a light-handed approach by online intermediaries as to user uploaded content of a non-commercial nature; underlines that algorithms are not able to fully understand context and the legal uses of content as outlined in EU and different national legislations; believes that filters based on algorithms alone systematically lead to the removal of legitimate content (‘false positives’) and the corruption of such systems to the benefit of unfair commercial practices; asks where there is a doubt as to a content being of an 'illegal' nature, that this content should not be removed before further investigation;
Amendment 347 #
2020/2018(INL)
Motion for a resolution
Paragraph 21 c (new)
Paragraph 21 c (new)
21c. Asks the Commission to issue a study on the removal of content and data during the COVID-19 crisis by automated decision-making and the level of removals in error (false positives) that were included in the number of items removed;
Amendment 364 #
2020/2018(INL)
Motion for a resolution
Paragraph 22 a (new)
Paragraph 22 a (new)
22a. Stresses that such a ‘notice-and- action’ mechanism must be human- centric and give the benefit of the doubt to users; underlines that safeguards against the abuse of the system should be introduced, including against repeated false flagging, unfair commercial practices and other schemes; underlines that for many small traders, the removal of even a single product can result in the collapse of a business;
Amendment 368 #
2020/2018(INL)
Motion for a resolution
Paragraph 22 b (new)
Paragraph 22 b (new)
22b. Notes the challenges around the enforcement of legal injunctions issued within Member States other than the country of origin of a service provider; stresses the need to investigate this issue outside the scope of the Digital Service Act and any ‘notice-and-action’ mechanism;
Amendment 371 #
2020/2018(INL)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Stresses that maintaining safeguards from the legal liability regime for hosting intermediaries with regard to user-uploaded content and the general monitoring prohibition set out in Article 15 of the E-Commerce Directive are still relevant and need to be preserved; in this context, underlines that the legal liability regime and ban on general monitoring should not be weakened via a possible new legislation or the amendment of other sections of the E-commerce Directive, including the amendment of the definitions laid down in the Directive;
Amendment 386 #
2020/2018(INL)
Motion for a resolution
Paragraph 23 a (new)
Paragraph 23 a (new)
23a. Asks the Commission to review the Annex to the E-Commerce Directive and, where relevant, remove or further limit the derogations granted there; notes that a significant and ever increasing part of the Digital Single Market is made up of services included there within;
Amendment 390 #
2020/2018(INL)
Motion for a resolution
Paragraph 23 b (new)
Paragraph 23 b (new)
23b. Notes that online intermediaries might encrypt or otherwise prevent outside access to their content by third parties, including hosting intermediaries, who do not have the encryption key; believes therefore that any requirements should take this and similar practical problems into account;
Amendment 397 #
2020/2018(INL)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Notes that while online platforms, such as online market places, have benefited both retailers and consumers by improving choice and lowering prices, at the same time, they have allowed sellers, in particular from third countries, to offer products which often do not comply with Union rules on product safety and do not sufficiently guarantee consumer rightsan increasing number of non-compliant sellers - especially from third countries – are offering unsafe or illegal products in the European market;
Amendment 421 #
2020/2018(INL)
Motion for a resolution
Paragraph 26 a (new)
Paragraph 26 a (new)
26a. Asks the Commission to act at global level for minimum requirements for business information disclosure when trading online with consumers, the promotion of good practice via the development of new guidelines and the use of existing standards and the creation of a network of consumer centres to help European consumers to handle disputes with traders based in non-EU countries;
Amendment 426 #
2020/2018(INL)
Motion for a resolution
Paragraph 26 b (new)
Paragraph 26 b (new)
26b. Notes the continued issues of the abuse or wrong application of selective distribution agreements to limit the availability of products and services across borders within the Single Market and between platforms; asks the Commission to act on this issue within any wider review of Vertical Bloc Exemptions and other policies under Article 101 TFEU while refraining from its inclusion in the Digital Services Act;
Amendment 428 #
2020/2018(INL)
Motion for a resolution
Paragraph 26 c (new)
Paragraph 26 c (new)
26c. Treatment of contracts [NEW SECTION TITLE]
Amendment 429 #
2020/2018(INL)
Motion for a resolution
Paragraph 26 d (new)
Paragraph 26 d (new)
26 d. Asks the Commission to review all notifications under Article 9, paragraph 3 of the E-Commerce Directive and, where the Commission believes they are no longer merited, to require Member States to remove such requirements; asks, moreover, that this review take part every two years instead of five;
Amendment 430 #
2020/2018(INL)
Motion for a resolution
Paragraph 26 e (new)
Paragraph 26 e (new)
26 e. Notes the rise of “smart contracts” based on distributed ledger technologies; asks the Commission to analyse if certain aspects of “smart contracts” should be clarified and if guidance should be given in order to ensure legal certainty for businesses and consumers; asks especially for the Commission to work to ensure that such contracts with consumers are valid and binding throughout the Union, that they meet the standards of consumer law, for example the right of withdrawal under Directive 2011/83/EU, and that they are not subject to national barriers to application, such as notarisation requirements;
Amendment 431 #
2020/2018(INL)
Motion for a resolution
Paragraph 26 f (new)
Paragraph 26 f (new)
26 f. Asks the Commission, while recalling earlier efforts, to further review the practice of End User Licensing Agreements (EULAs) and Terms and Conditions Agreements (T&Cs) and to seek ways to allow greater and easier engagement for consumers, including in the choice of clauses; notes that EULAs and T&Cs are often accepted by users without reading them; notes, moreover, that when a EULA and T&Cs does allow for users to opt-out of clauses, service providers may require users to do so at each use, often in bad faith, to encourage acceptance;
Amendment 460 #
2020/2018(INL)
Motion for a resolution
Paragraph 28 a (new)
Paragraph 28 a (new)
28a. Underlines that additional ex-ante regulation on small and medium-sized enterprises should be avoided wherever possible and that additional requirements on systemic platforms should not lead to additional requirements for those businesses that use them;
Amendment 493 #
2020/2018(INL)
Motion for a resolution
Paragraph 31
Paragraph 31
31. Takes the view that the centrnational regulatory authoritys should prioritise cooperation between Member States to address complex cross-border issues by working in close cooperation with a network of independent National Enforcement Bodies (NEBs);
Amendment 497 #
2020/2018(INL)
Motion for a resolution
Paragraph 32
Paragraph 32
32. Calls on the Commission to strengthen and modernise the current provisions on out-of-court settlement and court actions to allow for an effective enforcement and consumer redressconsumer redress; underlines that such measures should seek to support consumers that do not have the financial or legal means to use the court system and should not weaken the legal protections of small businesses and traders that national legal systems provide;
Amendment 502 #
2020/2018(INL)
Motion for a resolution
Paragraph 32 a (new)
Paragraph 32 a (new)
32a. Calls on national regulators and the Commission to provide further advice and assistance to EUSMEs about their rights;
Amendment 512 #
2020/2018(INL)
Motion for a resolution
Annex I – part I – paragraph 2
Annex I – part I – paragraph 2
The Digital Services Act should guarantee that online and offline economic activities are treated equally and on a level playing field which fully reflects the principle that “what is illegal offline is also illegal online” and equally “what is legal offline is also legal online”;
Amendment 522 #
2020/2018(INL)
Motion for a resolution
Annex I – part I – paragraph 5
Annex I – part I – paragraph 5
The Digital Services Act should build upon the rules currently applicable to online platforms, namely the E-Commerce Directive and the Platform to Business Regulation1 while refraining from proposing measures that were rejected by the co-legislators during its negotiation. __________________ 1 Regulation (EU) 2019/1150 of the European Parliament and of the Council of 20 June 2019 on promoting fairness and transparency for business users of online intermediation services (OJ L 186, 11.7.2019, p. 57).
Amendment 529 #
2020/2018(INL)
Motion for a resolution
Annex I – part I – paragraph 6 – indent 1 – subi. 1
Annex I – part I – paragraph 6 – indent 1 – subi. 1
- a revised framework with clear due diligence transparency and information obligations;
Amendment 549 #
2020/2018(INL)
Motion for a resolution
Annex I – part II – paragraph 1
Annex I – part II – paragraph 1
In the interest of legal certainty, the Digital Services Act should clarify which digital services fall within its scope. The new legal act should follow the horizontal nature of the E-Commerce Directive and apply not only to online platforms but to all digital services, which are not covered by specific legislation and which are targeted at the general public;
Amendment 552 #
2020/2018(INL)
Motion for a resolution
Annex I – part II – paragraph 1 a (new)
Annex I – part II – paragraph 1 a (new)
Digital services which are closed in nature and offered in a purely business to business relationship should not be subject to the same requirements as services which are targeted at the general public or at consumers;
Amendment 556 #
2020/2018(INL)
Motion for a resolution
Annex I – part II – paragraph 2
Annex I – part II – paragraph 2
The territorial scope of the future Digital Services Act should be extended to cover also the activities of companies and service providers established in third countries, when they offertarget or direct services or goods to consumers or users in the Union;
Amendment 558 #
2020/2018(INL)
Motion for a resolution
Annex I – part II – paragraph 3
Annex I – part II – paragraph 3
The Digital Services Act should maintainreview the derogation set out in the Annex of the E- Commerce Directive, and, in particular,f deemed necessary, revise them, while maintaining the derogation of contractual obligations concerning consumer contracts;
Amendment 561 #
2020/2018(INL)
Motion for a resolution
Annex I – part II – paragraph 4
Annex I – part II – paragraph 4
The Digital Services Act should maintain the possibility for Member States to setseek to further harmonise consumer protection across the Union, in alignment with Directive (EU) 2019/770 and Directive (EU) 2019/771 and to maintain a higher level of consumer protection and pursue legitimate public interest objectives in accordance with EU law;
Amendment 574 #
2020/2018(INL)
Motion for a resolution
Annex I – part III – paragraph 1 – indent 1
Annex I – part III – paragraph 1 – indent 1
- clarify to what extent “new digital services”, such as social media networks, collaborative economy services, search engines, wifi hotspots, online advertising, cloud services, content delivery networks, and domain name services fall within the scope of the Digital Services Act;
Amendment 577 #
2020/2018(INL)
Motion for a resolution
Annex I – part III – paragraph 1 – indent 2
Annex I – part III – paragraph 1 – indent 2
- clarify the nature of the content hosting intermediaries (text, images, video, or audio content) on the one hand, and commercial online marketplaces (selling physical and digital goods) on the other;
Amendment 588 #
2020/2018(INL)
Motion for a resolution
Annex I – part III – paragraph 1 – indent 4 a (new)
Annex I – part III – paragraph 1 – indent 4 a (new)
- refrain from seeking to define or act upon “harmful content”;
Amendment 598 #
2020/2018(INL)
Motion for a resolution
Annex I – part III – paragraph 1 – indent 5 a (new)
Annex I – part III – paragraph 1 – indent 5 a (new)
- seek to codify the decisions of the European Court of Justice, where needed, and while having due regard to the main different pieces of legislation which use these definitions;
Amendment 599 #
2020/2018(INL)
Motion for a resolution
Annex I – part IV – title
Annex I – part IV – title
IV. DUE DILIGENCETRANSPARENCY AND INFORMATION OBLIGATIONS
Amendment 604 #
2020/2018(INL)
Motion for a resolution
Annex I – part IV – paragraph 1 – introductory part
Annex I – part IV – paragraph 1 – introductory part
The Digital Services Act should introduce clear due diligence transparency and information obligations; those obligations should not create any derogations or new exemptions to the current liability regime and the secondary liability set out under Articles 12, 13, and 14 of the E-Commerce Directive and should cover the aspects described below:
Amendment 606 #
2020/2018(INL)
Motion for a resolution
Annex I – part IV – paragraph 1 – subparagraph 1 – indent 1
Annex I – part IV – paragraph 1 – subparagraph 1 – indent 1
- the information requirements in Article 5 and Article 6 of the E-Commerce Directive should be reinforced and the “Know Your Business Customer” principle should be introduced; services providers should verify in the case where providers of online intermediation services use an information society service as means to sell or communicate with consumers; for traders or other providers on marketplaces and advertisers, brokers or other providers of commercial communication, services providers should collect the identity of their business partners, including their company registration number or any equivalent means of identification including, if necessary, the verified national identity of their ultimate beneficial owner; that information should be accurate and up-to- date, and service providers should not be allowed to provide their services when the information is incomplete or when the provider has been informed by the competent authorities that the identity of their business customer is false, misleading or otherwise invalid;
Amendment 616 #
2020/2018(INL)
Motion for a resolution
Annex I – part IV – paragraph 1 – subparagraph 1 – indent 2
Annex I – part IV – paragraph 1 – subparagraph 1 – indent 2
- that measure should apply only to business-to-business relationships and should be without prejudice to the rights of users under the GDPR, as well as the right to internet anonymity or being an unidentified user; the new general information requirements should review and further enhance Articles 5, 6 and 10 of the E-Commerce Directive in order to align those measures with the information requirements established in recently adopted legislation, in particular the Unfair Contract Terms Directive5 , the Consumer Rights Directive and the Platform to Business Regulation. __________________ 5 Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts, most recently amended by Directive (EU) 2019/2161 of the European Parliament and of the Council of 27 November 2019 amending Council Directive 93/13/EEC and Directives 98/6/EC, 2005/29/EC and 2011/83/EU of the European Parliament and of the Council as regards the better enforcement and modernisation of Union consumer protection rules (OJ L 328, 18.12.2019, p. 7).
Amendment 625 #
2020/2018(INL)
Motion for a resolution
Annex I – part IV – paragraph 1 – subparagraph 2 – indent 1
Annex I – part IV – paragraph 1 – subparagraph 2 – indent 1
- to expressly set out in their contract terms and general conditions that service providers will not knowingly store illegal content;
Amendment 633 #
2020/2018(INL)
Motion for a resolution
Annex I – part IV – paragraph 1 – subparagraph 2 – indent 4
Annex I – part IV – paragraph 1 – subparagraph 2 – indent 4
- to ensure that the contract terms and general conditions comply with these and all information requirements established by Union lawUnion law, including any and all relevant information requirements, including those the Unfair Contract Terms Directive, the Consumer Rights Directive and the GDPR;
Amendment 637 #
2020/2018(INL)
Motion for a resolution
Annex I – part IV – paragraph 1 – subparagraph 2 – indent 5
Annex I – part IV – paragraph 1 – subparagraph 2 – indent 5
- to specify clearly and unambiguously in their contract terms and general conditions the exactmain parameters of their AI systems and how they can affect the choice or behaviour of their usersdetermining ranking content, and the reasons and importance of those parameters as opposed to other parameters.
Amendment 639 #
2020/2018(INL)
Motion for a resolution
Annex I – part IV – paragraph 1 – subparagraph 2 – indent 5 a (new)
Annex I – part IV – paragraph 1 – subparagraph 2 – indent 5 a (new)
- start all Terms and Conditions agreements and all End-User Licensing Agreements with a summary statement based on a framework and document template, to be created by the Commission.
Amendment 661 #
2020/2018(INL)
Motion for a resolution
Annex I – part IV – paragraph 1 – subheading 4 – indent 1
Annex I – part IV – paragraph 1 – subheading 4 – indent 1
- establish comprehensive rules on non-discrimination, transparency on the data set, oversight and risk assessment of algorithms for AI- driven services by national regulator authorities in order to ensure a higher level of consumer protection where there are gaps in current legislation;
Amendment 672 #
2020/2018(INL)
Motion for a resolution
Annex I – part IV – paragraph 1 – subheading 4 – indent 3 a (new)
Annex I – part IV – paragraph 1 – subheading 4 – indent 3 a (new)
- be on a case by case basis and not require a blanket investigation of all AI systems
Amendment 674 #
2020/2018(INL)
Motion for a resolution
Annex I – part IV – paragraph 1 – subheading 4 – indent 3 b (new)
Annex I – part IV – paragraph 1 – subheading 4 – indent 3 b (new)
- allow authorities to check algorithms when they have justified reasons to believe that it has algorithmic bias,
Amendment 676 #
2020/2018(INL)
Motion for a resolution
Annex I – part IV – paragraph 1 – subheading 4 – indent 3 c (new)
Annex I – part IV – paragraph 1 – subheading 4 – indent 3 c (new)
- be subject to clear confidentiality and protection of trade secret rules;
Amendment 678 #
2020/2018(INL)
Motion for a resolution
Annex I – part IV – paragraph 1 – subheading 4 – indent 3 d (new)
Annex I – part IV – paragraph 1 – subheading 4 – indent 3 d (new)
- ensure that consumers are protected by the right to be informed and the right to an explanation of AI services, in addition to the right to switch off or limit an AI system using personalization where possible;
Amendment 687 #
2020/2018(INL)
Motion for a resolution
Annex I – part IV – paragraph 1 – subparagraph 4
Annex I – part IV – paragraph 1 – subparagraph 4
The compliance of the due diligence provisions should be reinforced with effective, proportionate and dissuasive penalties, including the imposition of fines.
Amendment 710 #
2020/2018(INL)
Motion for a resolution
Annex I – part V – paragraph 1 – indent 4
Annex I – part V – paragraph 1 – indent 4
- introduce new transparency and independent national oversight of the content moderation procedures and tools related to the removal of illegal content online; such systems and procedures should be available for auditing and testing by independentnational authorities. of the country of origin;
Amendment 715 #
2020/2018(INL)
Motion for a resolution
Annex I – part V – paragraph 1 – indent 4 a (new)
Annex I – part V – paragraph 1 – indent 4 a (new)
- adapt the severity of the measures that need to be taken by service providers to the seriousness of the infringement;
Amendment 717 #
2020/2018(INL)
Motion for a resolution
Annex I – part V – paragraph 1 – indent 4 b (new)
Annex I – part V – paragraph 1 – indent 4 b (new)
- ensure that the access and removal of illegal content does not require the closure of access to overall sites and services which are otherwise legal and only affect the exact noticed content.
Amendment 725 #
2020/2018(INL)
Motion for a resolution
Annex I – part V – paragraph 2 – indent 2
Annex I – part V – paragraph 2 – indent 2
- rank different types of providers, sectors and/or illegal content in order to appreciate the seriousness of the infringement;
Amendment 736 #
2020/2018(INL)
Motion for a resolution
Annex I – part V – paragraph 2 – indent 7
Annex I – part V – paragraph 2 – indent 7
- require notices to be sufficiently precise and adequately substantiated so as to allow the service provider receiving them to take an informed and diligent decision as regards the effect to be given to the notice and specify the requirements necessary to ensure that notices are of a good quality, thereby enabling a swift removal of illegal content; such requirement should include the name and contact details of the notice provider, the link (URL) to the allegedly illegal content in question, the stated reason for the claim including an explanation of the reasons why the notice provider considers the content to be illegal, and if necessary, depending on the type of content, additional evidence for the claim;
Amendment 742 #
2020/2018(INL)
Motion for a resolution
Annex I – part V – paragraph 2 – indent 8
Annex I – part V – paragraph 2 – indent 8
- allow for the submission of anonymous complaintsnotice provider to provide their contact details, without this being required, but while recording the IP address or other equivalent of the provider in order to prevent abuse;
Amendment 747 #
2020/2018(INL)
Motion for a resolution
Annex I – part V – paragraph 2 – indent 9
Annex I – part V – paragraph 2 – indent 9
- consider, when a complaint is not anonymous, a declaration of good faith that the information provided is accurate;
Amendment 756 #
2020/2018(INL)
Motion for a resolution
Annex I – part V – paragraph 2 – indent 12 a (new)
Annex I – part V – paragraph 2 – indent 12 a (new)
- judicial injunctions issued in a Member State other than that of the online intermediaries should not be handle within the notice-and-action mechanism. The Commission should take due care in regards to the rules of private international law relating to conflicts of law and the jurisdiction of judicial authorities.
Amendment 758 #
2020/2018(INL)
Motion for a resolution
Annex I – part V – paragraph 2 a (new)
Annex I – part V – paragraph 2 a (new)
The Digital Service Act notice-and-action mechanism should be based on the work of the Commission as carried out in 2012 and 2013, including the public consultations of a potential self-standing Directive on procedures for notifying and acting on illegal content hosted by online intermediaries.
Amendment 759 #
2020/2018(INL)
Motion for a resolution
Annex I – part V – paragraph 2 b (new)
Annex I – part V – paragraph 2 b (new)
The Digital Service Act notice-and-action mechanism should be binding only for illegal content. This, however, should not prevent online intermediaries being able to adopt a similar notice-and-action mechanism for other content.
Amendment 760 #
2020/2018(INL)
Motion for a resolution
Annex I – part V – paragraph 2 c (new)
Annex I – part V – paragraph 2 c (new)
The right to be notified before a decision is taken to remove a content and the right to issue a counter-notice by a user shall only be restricted or waived, where: (a) subject to a legal or regulatory obligation which requires online intermediation services to terminate the provision of the whole of its online intermediation services to a given user in a manner which does not allow it to respect that notice-and-action mechanism; (b) online intermediation services can demonstrate that the user concerned has repeatedly infringed the applicable terms and conditions, including by uploading multiple potential illegal contents.
Amendment 771 #
2020/2018(INL)
Motion for a resolution
Annex I – part V – subheading 2 – indent 4 a (new)
Annex I – part V – subheading 2 – indent 4 a (new)
- an out-of-court dispute settlement mechanism should meet certain standards, notably in terms of procedural fairness, a presumption of innocence or lack of malicious intent by the content provider and that abuse is avoided.
Amendment 778 #
2020/2018(INL)
Motion for a resolution
Annex I – part V – paragraph 3 – introductory part
Annex I – part V – paragraph 3 – introductory part
The notice-and-action mechanisms should be transparent and available to any interested party; to that end, online intermediaries should be obliged to publish annual reports with information on:
Amendment 782 #
2020/2018(INL)
Motion for a resolution
Annex I – part V – paragraph 3 – indent 5
Annex I – part V – paragraph 3 – indent 5
- the description of the content moderation model applied by the hosting intermediary, as well as any algorithmic decision making which influences the content moderation process.
Amendment 788 #
2020/2018(INL)
Motion for a resolution
Annex I – part V – paragraph 3 a (new)
Annex I – part V – paragraph 3 a (new)
They should be required to update this report on an annual basis where there is a significant change from one year to the next or where a provider is a "systemic platform".
Amendment 789 #
2020/2018(INL)
Motion for a resolution
Annex I – part V – paragraph 3 b (new)
Annex I – part V – paragraph 3 b (new)
The obligation to publish and the required detail of this report should take into account the size or the scale on which online intermediaries operate and whether they have only limited resources and expertise and if there is a need for effective and appropriate safeguards accompanying such mechanisms.
Amendment 794 #
2020/2018(INL)
Motion for a resolution
Annex I – part V – paragraph 5
Annex I – part V – paragraph 5
The Digital Services Act should address the lack of legal certainty regarding the concept of active vs passive hosts. The revised measures should clarodify if interventions by hosting providers having editorial functions and a certain “degree of control over the data,” through tagging, organising, promoting, optimising, presenting or otherwise curating specific content for profit- making purposes and which amounts to adoption of the third-party content as one’s own (as judged by average users or consumers) should lead to a loss of safe harbour provisions due to their active naturethe jurisprudence of the European Court of Justice on the matter.
Amendment 799 #
2020/2018(INL)
Motion for a resolution
Annex I – part V – paragraph 5 a (new)
Annex I – part V – paragraph 5 a (new)
The Digital Service Act should maintain its protections of non-active providers and other backend and infrastructure services which are not party to the contractual relations between online intermediaries and its business or private customers. Such backend services should not be held liable for actions which they did not have an active overarching decision making role and which merely implement decisions by the online intermediaries or its customers.
Amendment 800 #
2020/2018(INL)
Motion for a resolution
Annex I – part V – paragraph 5 b (new)
Annex I – part V – paragraph 5 b (new)
New proposals of obligations on content management and moderation, if deemed necessary beyond a notice-and-action mechanism, should be only possible within the framework of the suggested regulation on ex-ante measures for significant market players.
Amendment 802 #
2020/2018(INL)
Motion for a resolution
Annex I – part V – paragraph 6
Annex I – part V – paragraph 6
The Digital Services Act should maintain the ban on general monitoring obligation under Article 15 of the current E- Commerce Directive. Online intermediaries should not be subject to general monitoring obligations, including any requirements for ex-ante control measures based on automated tools or upload-filtering of content.
Amendment 805 #
2020/2018(INL)
Motion for a resolution
Annex I – part V – paragraph 6 a (new)
Annex I – part V – paragraph 6 a (new)
The Digital Service Act, however, may allow for voluntary actions which would allow for online intermediaries to take social responsibility without losing the protections of article 14.
Amendment 824 #
2020/2018(INL)
Motion for a resolution
Annex I – part VI – paragraph 2 – indent 5
Annex I – part VI – paragraph 2 – indent 5
- once products have been identified as unsafe by the Union’s rapid alert systems or by consumer protection authorities, it should be compulsory to remove products from the marketplace within 24 hourstwo working days of receiving notification;
Amendment 835 #
2020/2018(INL)
Motion for a resolution
Annex I – part VI – paragraph 2 – indent 7 a (new)
Annex I – part VI – paragraph 2 – indent 7 a (new)
- explore the option that suppliers which are established in a third country have to designate a legal representative, established in the Union, who can be held accountable for the selling of products to European consumers which do not comply with Union rules of safety;
Amendment 838 #
2020/2018(INL)
Motion for a resolution
Annex I – part VI – paragraph 2 – indent 8
Annex I – part VI – paragraph 2 – indent 8
- address the liability for online marketplaces if the online marketplace has not informed the consumer that a third party is the actual supplier of the goods or services, thus making the marketplace contractually liable vis-à-vis the consumer; liability should also be considered in case the marketplace willingly provides misleading information, guarantees, or statements;
Amendment 852 #
2020/2018(INL)
Motion for a resolution
Annex I – part VII – paragraph 1 a (new)
Annex I – part VII – paragraph 1 a (new)
The Digital Services Act should do so in a separate instrument than the revision of the E-Commerce Directive.
Amendment 855 #
2020/2018(INL)
Motion for a resolution
Annex I – part VII – paragraph 2 – indent 1
Annex I – part VII – paragraph 2 – indent 1
- set up an ex-ante mechanism to prevent (instead of merely remedy) unfair market behaviour by “systemic platforms” in the digitalhat lays down conditions, which if met, woruld, building on the Platform to Business Regulation; such mechanism should allow regulatory author require additional transparency measures and requirements, in additieson to impthose remedies on these companies in order to address market failures, without the establishment of a breach of regulatory rulesin the Platform to Business Regulation;
Amendment 861 #
2020/2018(INL)
Motion for a resolution
Annex I – part VII – paragraph 2 – indent 2
Annex I – part VII – paragraph 2 – indent 2
- empower regulatory authorities to issue orders prohibiting undertakings, which have been identified as “systemic platforms”, from the following practices, inter alia:such a mechanism should allow the national regulatory authority of the country of origin to impose remedies on these companies in order to address market failures, based on the conditions within the legal instrument and a closed list of positive and negative actions. This report should not prejudge of this list and the impact assessment should make a thorough analysis of the different issues observed on the market so far such as: - discrimination in intermediary services; - making the use of data for making market entry by third parties more difficult; and engaging in practices aimed at locking-in consumers; undertakings should be given the possibility to demonstrate that the behaviour in question is justified, yet they should bear the burden of proof for this;- lack of interoperability and appropriate tools, data, expertise, and resources deployed to allow consumers switch between digital platforms or internet ecosystems - obligations on content management and moderation, such as content recommendations and personalisation of a user interface.
Amendment 867 #
2020/2018(INL)
Motion for a resolution
Annex I – part VII – paragraph 2 – indent 2 a (new)
Annex I – part VII – paragraph 2 – indent 2 a (new)
- empower the Commission to impose further conditions and decisions in relation to the rules of competition, including on self-preferencing and overall vertical integration, while ensuring that both policy tools are completely independent;
Amendment 868 #
2020/2018(INL)
Motion for a resolution
Annex I – part VII – paragraph 2 – indent 2 b (new)
Annex I – part VII – paragraph 2 – indent 2 b (new)
- reserve to the Commission the power to decide if an information society service provider is a “systemic platform” based on the conditions of the mechanism;
Amendment 870 #
2020/2018(INL)
Motion for a resolution
Annex I – part VII – paragraph 2 – indent 3
Annex I – part VII – paragraph 2 – indent 3
Amendment 879 #
2020/2018(INL)
Motion for a resolution
Annex I – part VII – paragraph 2 – indent 6
Annex I – part VII – paragraph 2 – indent 6
Amendment 891 #
2020/2018(INL)
Motion for a resolution
Annex I – part VIII – paragraph 1
Annex I – part VIII – paragraph 1
The Digital Services Act should strengthen the internal market clause as the cornerstone of the Digital Single Market by complementing it with a new cooperation mechanism aimed at improving the cooperation and upon request and voluntary mutual assistance between Member States, in particular between the home country where the service provider is established and the host country where the provider is offering its services.
Amendment 1 #
2020/2017(INI)
Motion for a resolution
Citation 1
Citation 1
— having regard to Articles 165, 166 and 167 of the Treaty on the Functioning of the European Union,
Amendment 17 #
2020/2017(INI)
Motion for a resolution
Recital A
Recital A
A. whereas artificial intelligence (AI) technologies are being developed at a fast pace, and are increasingly being used in almost all areas of our lives, including education, culture and the audiovisual sector;
Amendment 25 #
2020/2017(INI)
Motion for a resolution
Recital B
Recital B
B. whereas the availability of high- quality and, meaningful, trustworthy and compatible data is essential for the development of AI;
Amendment 36 #
2020/2017(INI)
Motion for a resolution
Recital C
Recital C
C. whereas the use of AI raises many concerns regarding the ethics and transparency of data collection, use and dissemination; whereas the benefits and risks of AI in these sectors must be carefully assessed and its effects on all aspects of society thoroughly and continuously analysed;
Amendment 39 #
2020/2017(INI)
Motion for a resolution
Recital C a (new)
Recital C a (new)
Amendment 45 #
2020/2017(INI)
Motion for a resolution
Recital E
Recital E
E. whereas it is essential to ensure that people in the Union acquire the necessary skills to prepare themselves for the increasing presence of AI in all aspects of human activity; whereas only when digital skills will be widespread across all parts of the European society, we can achieve a just digital transformation, beneficial for everybody;
Amendment 50 #
2020/2017(INI)
Motion for a resolution
Recital F
Recital F
F. whereas AI can be used to improve learning and teaching methods, notably by helping education systems to use data to improve educational equity and quality, whilst promoting personalisation and better access to education; whereas it is necessary to take into account that in order to make the digitisation and use of AI beneficial to the whole society, it requires equal and just access to digital technologies and high speed connectivity; whereas it is of the highest importance to ensure the digital education accessible for the European society as a whole, including for people with disadvantaged backgrounds and for people with disabilities;
Amendment 66 #
2020/2017(INI)
Motion for a resolution
Recital I
Recital I
I. whereas the use of AI for media content, notably personalised content recommendations, raises issues regarding cultural and linguistic diversity as well as danger of production of discriminatory outputs based on biased entry data;
Amendment 79 #
2020/2017(INI)
Motion for a resolution
Recital K
Recital K
K. whereas AI- can be used to generated fake content, such as ‘deepfakes’, is that are growing exponentially and constitutes an imminent threat to democracy, while it can also be used as an invaluable tool for identification and immediate fight against such malicious activity, for example through real-time fact checking or labelling of such content;
Amendment 83 #
2020/2017(INI)
Motion for a resolution
Recital K a (new)
Recital K a (new)
K a. whereas the Union digital labour market is missing almost half a million experts in big data sciences and data analysis, who represent the core of development and usage of quality and trustworthy AI;
Amendment 87 #
2020/2017(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Reiterates the importance of developing quality, compatible and inclusive data systems which respect and defend the values of the Union (in particular gender equality, multilingualism and the conditions necessary for intercultural dialogue) for use in deep learning as the use of low- quality, outdated, incomplete or incorrect data may lead to poor predictions and in turn discrimination and bias; highlights that it is essential to develop capabilities at both national and Union level to improve data collection and, safety, systematisation and transferability;
Amendment 99 #
2020/2017(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. Stresses the strategic importance of AI and related technologies, therefore, the European approach must be precisely defined and uniform, while ensuring it stays human-centred, resulting in AI being a tool for people and common good;
Amendment 113 #
2020/2017(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Recalls the importance of strengthening digital skills at, competences and media literacy at national and Union level as a prerequisite for the use of AI in education; calls on the Commission, in that regard, to make AI-related skills one of the main priorities of its next Digital Education Action Plan;
Amendment 117 #
2020/2017(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. Highlights, that the use of AI in education systems brings a wide range of possibilities, opportunities and tools for making it more innovative, inclusive, efficient and increasingly effective by introducing new ways of quick and personalised student-centric high quality learning; stresses however that, as it will impact education and social inclusion, the availability of such tools to all social groups by establishing equal access to education and learning leaving no one behind, especially persons with disabilities must be ensured;
Amendment 120 #
2020/2017(INI)
Motion for a resolution
Paragraph 3 b (new)
Paragraph 3 b (new)
3 b. Stresses the importance of respecting fundamental and human rights, freedoms and values, including privacy and the protection of everyone’s personal data while using technology and AI related tools in education, by providing legally binding ethical conditions, safety and transparency with precisely defined, uniformed and clarified Union-wide regulation aligned with GDPR-compliant rules for data sharing, especially for children and minors, who are most vulnerable and are strictly protected;
Amendment 127 #
2020/2017(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Stresses that the learning benefits of using AI in education will depend not only on AI itself, but on how teachers use AI to meet the needs of bothpupils, students and teachers; points out, therefore, the need for AI programmers to involve teachers increating a nexus environment to form connections and cooperation between AI programmers, developers, companies, schools, teachers and other public and private stakeholders for designing AI- sustainable solutions that are suitable for real-life educational environments;
Amendment 132 #
2020/2017(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Encourages the national governments together with educational institutions to rethink, rework and adapt their educational curricula according to the needs of 21st century allowing the usage of AI in education to create educational programmes with a stronger emphasis on STEAM subjects which will result in preparing learners for the increasing importance of AI and facilitate the acquisition of cognitive skills;
Amendment 134 #
2020/2017(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Highlights, moreover, the need to train teachers so they canreform teaching programmes for new generations of teachers, thus enhancing their ability of complying the pedagogical skills with the knowledge of using technologies while also training the current teachers and educators allowing them to adapt to the realities of AI- powered education and acquire the necessary skills and knowledge to use AI in a qualitative, sure, pedagogical and meaningful way; further highlights the importance of elaborating and updating AI solutions handbooks and guidelines for teachers; further highlights that use of AI in education of children and youth is inevitable and has to go hand in hand with education for media literacy;
Amendment 151 #
2020/2017(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Underlines the importance of increasing the number of training highly skilled professionals in the field of AI and of upskilling the current and future workforce to enable it to cope with the realities of an AI-driven labour market; thus encourages the Member States to upgrade their educational offers with AI- related skills and to put in place specific curricula for AI developers;
Amendment 153 #
2020/2017(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6 a. Highlights, that future labour environment will be heavily dependent on digital technologies and AI throughout all sectors, which will lead to transformation of the European labour market; stresses that it is necessary to ensure that no-one is left behind without being able to adapt to the changes, mainly through requalification, lifelong learning, adaptation of digital technologies to suit the needs of people with disabilities;
Amendment 161 #
2020/2017(INI)
Motion for a resolution
Paragraph 6 b (new)
Paragraph 6 b (new)
6 b. Regrets the underrepresentation of women in jobs connected to AI, such as data analysis, IT, mathematics and computing technologies, because only fair representation of all parts of society in relevant field will be able to produce AI beneficial to all;
Amendment 163 #
2020/2017(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Stresses that AI can play a significant role in preserving, promoting and managing cultural heritage, notably by monitoring and analysing changes to cultural heritage sites caused by threats such as climate change, natural disasters and armed conflicts; Calls on the Commission to investigate possible use of AI for digitisation of cultural heritage that would be beneficial for their preservation and risk prediction;
Amendment 169 #
2020/2017(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Stresses that AI provides new opportunities for cultural institutions, such as museums, to produce innovative tools for cataloguing artefacts as well as documenting and accessing cultural heritage sites, notably through 3D modelling and augmented virtual reality; stresses that AI will also allow museums and art galleries to be able to implement interactive and personalised services for visitors by providing them a list of suggested items based on their expressed interest in person as well as online;
Amendment 173 #
2020/2017(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8 a. Stresses that using AI will provide new innovative approaches, tools and methodologies allowing cultural workers and researchers to create uniform databases with adequate classification schemes as well as multimedia metadata, allowing them to make connections between different cultural heritage objects, thus increasing the knowledge and providing better understanding of cultural heritage;
Amendment 175 #
2020/2017(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Stresses that good practices in AI for cultural heritage accessibility should be identified and shared amongst cultural networks across the Union, while also encourageing research on the uses of AI for the valorisation, accessibility and preservation of cultural heritage;
Amendment 181 #
2020/2017(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Stresses that AI can also be used to monitor the illicit trafficking of cultural objects and the destruction of cultural property, whilst supporting data collection for recovery and reconstruction efforts of both tangible and intangible cultural heritage;
Amendment 184 #
2020/2017(INI)
Motion for a resolution
Subheading 3
Subheading 3
Cultural and creative sectors and industries (CCSI)
Amendment 193 #
2020/2017(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Stresses the need to set up a coherent vision of AI in the CCSI at Union level; calls on the Member States to strengthen the focus on culture in their AI national strategies to ensure that cultural diversity is safeguarded and promoted at Union level in the new digital context, while aiming to prevent and reduce creative division;
Amendment 195 #
2020/2017(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12 a. Stresses the importance of creating an Union wide heterogeneous milieu for AI technologies that will encourage cultural diversity, support minorities and linguistic diversity, while also strengthening the creative sector through online platforms, allowing Union citizens to be included and to participate;
Amendment 196 #
2020/2017(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12 a. Insists that the European Institute of Technology (EIT), and in particular its future Knowledge and Innovation Community (KIC) dedicated to cultural and creative industries, should play a leading role in developing a European strategy on AI for education, culture and the audiovisual sector;
Amendment 198 #
2020/2017(INI)
Motion for a resolution
Paragraph 12 b (new)
Paragraph 12 b (new)
Amendment 199 #
2020/2017(INI)
Motion for a resolution
Paragraph 12 c (new)
Paragraph 12 c (new)
12 c. Recalls that AI can be revolutionary tool for promoting cultural tourism and highlights its strong potential in predicting of tourism flows, which could help cities suffering from over- tourism;
Amendment 213 #
2020/2017(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Stresses that algorithms used by media service providers and video sharing platforms should be designed in such a way that they dwould guarantee the rights of users to be in control over the content they see, and to not privilege specific works by limiting their ‘personalised’ suggestions to the most popular works, for targeted advertising, commercial purposes or to maximise profit;
Amendment 220 #
2020/2017(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Stresses, moreover, that the use of AI in algorithm-based content recommendations on online audiovisual media services, such video on demand services, may have a serious impact on cultural and linguistic diversity, notably regarding the obligation to ensure the prominence of European works under Article 13 of the Audiovisual Media Services Directive (Directive (EU) 2018/1808); as well as the actions that the Member States can take to ensure an appropriate visibility for the general interest audio-visual media under article 7b of the aforementioned Directive;
Amendment 235 #
2020/2017(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
Amendment 244 #
2020/2017(INI)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17 a. Notes that the shift in the internet and media landscape have increased the number of active users and subsequently the amount of information available while proportionally increasing disinformation and deepfakes, which affect public opinion, resulting in the negative effects on democratic processes and democracy as such;
Amendment 248 #
2020/2017(INI)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18 a. Highlights the potential of AI to facilitate and encourage multilingualism by developing language-related technologies and enabling the discoverability of online European contents;
Amendment 252 #
2020/2017(INI)
Motion for a resolution
Paragraph 18 b (new)
Paragraph 18 b (new)
18 b. Points out the great potential of AI in the fight against disinformation and fake news, such as real time fact checking and exposing disinformation as well as labelling of malicious, hateful and illegal content;
Amendment 3 #
2020/2013(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Recalls that it follows from Directive (EU) 2018/958AI should be a human-centric technology and that humans must always bear ultimate responsibility for decision-making that involves risks to the achievement of public interest objectives; stresses that machines should not be enabled to harm the physical integrity of human beings nor to confer rights or impose legal obligations on individuals; welcomes international efforts to ban lethal autonomous weapon systems without meaningful human control and calls upon the Commission to be in the lead to support these efforts;
Amendment 6 #
2020/2013(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
Amendment 7 #
2020/2013(INI)
Draft opinion
Paragraph 1 b (new)
Paragraph 1 b (new)
1b. Calls on the Commission to increase cooperation at the international level on AI, coordinating work on AI with the OECD and promoting our future EU model on AI on the international scene; believes that the G7 and G20 are also major fora where the EU can play a determining role, as a first step to reaching a global consensus in the UN;
Amendment 12 #
2020/2013(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Notes that in the COVID-19 health crisis, several Member States have launched the development of mobile apps to protect public health by alerting citizens to past contact with someone who has tested positive for the virus; calls for a common EU approach to AI-enabled mobile apps, the development of which must remain under state control, open source-powered approach within the EU that stores data locally and is always voluntarily; stresses that contract tracing mobile apps must strictly respect international human rights, rules on privacy and freedom of association; considers that AI technology should not be used in the apps in order to limit privacy and security risks;
Amendment 22 #
2020/2013(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Recalls that the principle of proportionality needs to be respected and that questions of causality and liability need to be clarified to determine the extent to which the State as an actor in public international law, but also in exercising its own authority, can actually transfer that authority to systems based on AI, which have a certain autonomy, without breaching obligations stemming from international law, such as due process;
Amendment 26 #
2020/2013(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Urges, therefore, the Member States to assess the risks related to AI- driven technologies before automating activities connected with the exercise of State authority, such as the proper administration of justice; calls on the Member States to consider the need to provide for safeguards, foreseen in Directive (EU) 2018/958, such as supervision by a qualified professional and rules on professional ethics;
Amendment 29 #
2020/2013(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Recalls that the first offensive use of weapons based on artificial intelligence have been cyberattacks which directly or indirectly affect EU citizens and companies, with techniques ranging from political hacking to stealing of trade secrets; therefore urges the Member States and the Commission to take those threats seriously and invest heavily to achieve a high level of overall digital literacy, security research and use of open-source technology to reduce dependencies on third-country vendors and strengthen the single market;
Amendment 32 #
2020/2013(INI)
Draft opinion
Paragraph 4 b (new)
Paragraph 4 b (new)
4b. Underlines that self-driving cars, ships and other means of transportation may ultimately operate transnationally and that this can raise new questions of interpretation and application of international law; urges the Commission to engage with international partners on this matter;
Amendment 33 #
2020/2013(INI)
Draft opinion
Paragraph 4 c (new)
Paragraph 4 c (new)
4c. Considers that the development of AI also entails opportunities to improve global market surveillance and address product safety, counterfeiting and consumer protection in a much more effective way and on a large scale;
Amendment 36 #
2020/2013(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Believes that Member States and the Commission should promote AI technologies that work for people; calls on the Member States, in close cooperation with the Commission, to develop AIopen- source applications aimed at automating and facilitating e-government services, for example in the area of tax administration; underlines that explainable algorithms, open data and public source-codes are important to ensure that businesses and consumers benefit from betterinnovative, non- discriminatory and reliable public services at a lower cost all over Europe in a compatible way.
Amendment 11 #
2020/2012(INL)
Draft opinion
Paragraph 2
Paragraph 2
2. Stresses the need to develop criteria for the use of AI in education, media and creative sectors, by developing benchmarks for ethically responsible and accepted uses of AI technologies in these areas, including a clear liability regime for products resulting from AI use; underlines that these criteria must be constantly adjusted to the progress in AI technologies;
Amendment 21 #
2020/2012(INL)
Draft opinion
Paragraph 3
Paragraph 3
3. Notices that AI personalised learning systems are increasingly being deployed in schools and universities, which is changing the role of teachers in the learning process to one more of facilitationby individualising monitoring and teaching; stresses that this shift should be reflected in school curricula, as well as in teacher training; recalls that AI should always be a support and not a replacement for the education provided by teachers;
Amendment 49 #
2020/2012(INL)
Draft opinion
Paragraph 5
Paragraph 5
5. Emphasises that education should empower citizens to develop new forms of critical thinking, including ‘algorithm awareness’, an understanding of the functioning of AI and its inherent biases, and the ability to reflect on the impact of AI on information, knowledge, and decision-making;
Amendment 53 #
2020/2012(INL)
Draft opinion
Paragraph 6
Paragraph 6
6. Emphasises the importance for transparency and accountability of algorithms used by media streaming companies, in order to ensure access to culturally and linguistically diverse content; believes that every user should be properly informed when an algorithm is used to recommend content and optimise his or her choices; stresses that such algorithms should be designed in such a way that they do not privilege specific works by limiting their ‘personalised’ suggestions to the most popular works; considers that any user should also be able to disable content recommendation by AI;
Amendment 61 #
2020/2012(INL)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6 a. Insists that user data collected by AI, such as cultural preferences or educational performance, cannot be transmitted or used without the owner's knowledge;
Amendment 13 #
2020/2011(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Recalls that Roma pupils are disproportionately affected by measures taken in the context of crises, such as the closure of schools and the systematisation of distance learning; urges Member States to ensure that Roma children do not remain, in this context, further away from quality education than other European citizens;
Amendment 37 #
2020/2011(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Calls for the efforts made towards the inclusion of Roma children in school to be aimed also at extra-curricular activities, such as sports or artistic activities, which are excellent means of cohesion and integration;
Amendment 5 #
2020/2009(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Considers that in order to fight against disinformation and fake news, reinstate a climate of trust in the media and counter threats to democratic political processes, a comprehensive strategy is needed, based inter alia on media and information literacy, and aimed at empowering citizens to critically assess media content and recognise the difference between opinion and facts; in this context reminds that, independent and pluralistic media based on freedom of information and expression is a core element of any functioning democracy;
Amendment 8 #
2020/2009(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Stresses that media freedom has been acutely deteriorating across Europe over the past decade, facing challenges highlighted by court cases, official enquiries, reports by the European institutions and non-governmental organisations; while the decline can be attributed to a range of legal, political and economic factors, the European institutions must respect and protect the fundamental rights of media freedom and pluralism as the essential pillar of democracy enshrined in the Charter of Fundamental Rights of the European Union;
Amendment 12 #
2020/2009(INI)
Draft opinion
Paragraph 1 b (new)
Paragraph 1 b (new)
1b. Calls on the Commission and the Member States to develop a strategy for improvement, implementation and monitoring of media legislation to effectively tackle the spread of disinformation and fake news, while supporting independent broadcasting, fostering transparency, credibility and independence of media and their freedom;
Amendment 16 #
2020/2009(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Calls on the Commission to work in close cooperation with the Member States, candidate countries and civil society organisations to develop commonly understood curricula on media literacy and to reach out to all citizens through formal, non-formal and informal education, and through lifelong learning; this should allow the citizens to fully understand the effects of disinformation, to identify and make the distinction between evidence and opinion, while giving them the ability to access and assess information;
Amendment 27 #
2020/2009(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Stresses the importance of ensuring the maintenance of media freedom and pluralism for democracy, and of strengthening the economic growth and its sustainability; therefore encourages the Commission to provide a common mechanism of transparency of media ownership and funding sources, thus allowing citizens to make an informed judgement about the source of the information received; reiterates the importance of ensuring the protection of journalists and adequate protection of journalistic sources, especially during the societal crisis and the transformation of the media sector;
Amendment 41 #
2020/2009(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Recognises the internet as the new digital common source of information, giving citizens new opportunities for participation, discussion, shaping of opinions and sharing of information; calls on the Commission to provide a clear legislative path with necessary regulatory and self-regulatory measures for safeguarding the citizens against the illegal content and goods; stresses that special attention needs to be given to measures aimed at preventing repeated offences;
Amendment 11 #
2020/2005(INL)
Draft opinion
Paragraph 2
Paragraph 2
2. Considers that to facilitate access to regular employment, traineeships should offer a strong training or learning content, safeguard adequate working conditions such as a fair payment, or at least compensation for the costs related to the training, fixed working hours, health and social coverage, appropriate mentoring, and should in no case be a substitute for regular jobs or a precondition for a job placement;
Amendment 17 #
2020/2005(INL)
Draft opinion
Paragraph 3
Paragraph 3
3. Insists that all traineeships should promote inclusiveness, especially with regard to persons with fewer opportunities, including people with a migrant background; insists that it is crucial to ensure participation in traineeships for persons with disabilities by taking appropriate measures to increase awareness and accessibility; highlights the need to promote accessibility for youth from vulnerable backgrounds;
Amendment 28 #
2020/2005(INL)
Draft opinion
Paragraph 4
Paragraph 4
4. States that some employers tend tothere is a risk of some misuse of traineeships by some employers which requires action on appropriate level; calls on the Commission to propose monitoring mechanisms at Union level, especially in the framework of Erasmus+ programmes, and facilitate greater provision of cross- border traineeship opportunities in order to increase the intra- Union mobility of young people;
Amendment 40 #
2020/2005(INL)
Draft opinion
Paragraph 5
Paragraph 5
5. Stresses the importance of all key players’ involvement (the social partners, civil society organisations and, in particular, youth organisations) in formulating guidelines and monitoring and evaluating implementation of the frameworkraineeship practices in Member States.
Amendment 2 #
2020/1998(BUD)
Draft opinion
Paragraph 1
Paragraph 1
1. Emphasises the importance of Erasmus+, Creative Europe and European Solidarity Corps programmes; deeply regrets that the proposal of the Commission did not follow the promises made regarding increases in the budget allocated to those programmes, namely tripling the budget for the Erasmus+ programme, or responding to the will of the European Parliament to double the budget for the Creative Europe programme, while the Council proposes further irresponsible cutcuts, that are particularly irresponsible given the dramatic consequences of the COVID-19 crisis on European cultural and creative actors;
Amendment 4 #
2020/1998(BUD)
Draft opinion
Paragraph 2
Paragraph 2
2. Recalls that the Erasmus+ programme is a strategic investment that supports education and training opportunities across Europe, and helps increase social cohesion and the building of a European sense of belonging and is therefore a crucial investment in the future of the Union; insists on the fact that without tripling the budget available, no new initiatives can be taken on board, as the Parliament has already stated; recalls that insufficient funding for the Erasmus+ programme will endanger its capacity to reach its new objectives and to uphold the challenges of becoming more inclusive and ecological;
Amendment 6 #
2020/1998(BUD)
Draft opinion
Paragraph 2
Paragraph 2
2. Recalls that the Erasmus+ programme is a strategic investment that supports education and training opportunities as well as sports, especially for people with disabilities, across Europe, and helps increase European integration, social cohesion and the building of a European sense of belonging and building life-long cross-border networks, and is therefore a crucial investment in the future of the Union; insists on the fact that without tripling the budget available, no new initiatives can be taken on board, as the Parliament has already stated;
Amendment 9 #
2020/1998(BUD)
Draft opinion
Paragraph 3
Paragraph 3
3. Regrets that the proposal of the Council on the Creative Europe programme is lower than the initial proposal of the Commission; recalls that a doubling of the budget for the programme compared to the 2014-2020 multiannual financial framework is necessary to provide targeted support to the cultural and creative sectors to reduce the substantive losses of the sector due to the unforeseeable closure of venues during the COVID-19 pandemic and to fully finance the ambitions and new priorities of the programme, as the sectors require proper investment to foster job creation and financing to complement national schemes;
Amendment 10 #
2020/1998(BUD)
Draft opinion
Paragraph 3
Paragraph 3
3. Regrets that the proposal of the Council on the Creative Europe programme is lower than the initial proposal of the Commission; recalls that a doubling of the budget for the programme compared to the 2014-2020 multiannual financial framework is necessary to provide targeted support to the cultural and creative sectors and to fully finance the ambitions and new priorities of the programme, as the sectors require proper investment to foster job creation and financing to complement national schemes, while undertaking their ecological transition;
Amendment 17 #
2020/1998(BUD)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. reaffirms its support for the 'Multimedia Actions' set up by the Commission, which help to improve the visibility and media coverage of European affairs on the continent and beyond; calls on the Commission to be more transparent in the management of the funds for this line, and, in this respect, calls on the Commission to promptly clarify the modalities of its financing to Euronews, which provides Europeans with information recognised in the Court of Auditors' rapid case review as independent and of high quality, so as not to disrupt the channel's financial situation or jeopardise the jobs of its employees;
Amendment 158 #
2020/0374(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) In particular, online intermediation services, online search engines, operating systems, online social networking, web browsers, video sharing platform services, number- independent interpersonal communication services, cloud computing services and online advertising services all have the capacity to affect a large number of end users and businesses alike, which entails a risk of unfair business practices. They therefore should be included in the definition of core platform services and fall into the scope of this Regulation. Online intermediation services should be considered irrespective of the technology used to provide such services. In this sense, virtual or voice activated assistants and other connected devices fall within the scope of this Regulation whether their software is considered an operating system, an online intermediation service or a search engine. Online intermediation services may also be active in the field of financial services, and they may intermediate or be used to provide such services as listed non-exhaustively in Annex II to Directive (EU) 2015/1535 of the European Parliament and of the Council32 . In certain circumstances, the notion of end users should encompass users that are traditionally considered business users, but in a given situation do not use the core platform services to provide goods or services to other end users, such as for example businesses relying on cloud computing services for their own purposes. _________________ 32Directive (EU) 2015/1535 of the European Parliament and of the Council of 9 September 2015 laying down a procedure for the provision of information in the field of technical regulations and of rules on Information Society services, OJ L 241, 17.9.2015, p. 1.
Amendment 188 #
2020/0374(COD)
Proposal for a regulation
Recital 25
Recital 25
(25) Such an assessment can only be done in light of a market investigation, while taking into account the quantitative thresholds. In its assessment the Commission should pursue the objectives of preserving and fostering the level of innovation, the quality of digital products and services, the degree to which prices are fair and competitive, and the degree to which quality or choice for business users and for end users is or remains high. Elements that are specific to the providers of core platform services concerned, such as extreme scale economies, very strong network effects, an ability to connect many business users with many end users through the multi-sidedness of these services, lock-in effects, a lack of multi- homing or vertical integration, can be taken into account. The potential negative and positive impacts of these elements for business users, especially for small and medium-sized enterprises, and consumers should be taken into consideration. In addition, a very high market capitalisation, a very high ratio of equity value over profit or a very high turnover derived from end users of a single core platform service can point to the tipping of the market or leveraging potential of such providers. Together with market capitalisation, high growth rates, or decelerating growth rates read together with profitability growth, are examples of dynamic parameters that are particularly relevant to identifying such providers of core platform services that are foreseen to become entrenched. The Commission should be able to take a decision by drawing adverse inferences from facts available where the provider significantly obstructs the investigation by failing to comply with the investigative measures taken by the Commission.
Amendment 203 #
2020/0374(COD)
Proposal for a regulation
Recital 33
Recital 33
(33) The obligations laid down in this Regulation are limited to what is necessary and justified to address the unfairness of the identified practices by gatekeepers and to ensure contestability in relation to core platform services provided by gatekeepers. Therefore, the obligations should correspond to those practices that are considered unfair by taking into account the features of the digital sector and where experience gained, for example in the enforcement of the EU competition rules, shows that they have a particularly negative direct impact on the business users and end users. The obligations laid down in the Regulation should specifically take into account the nature of the core platform services provided and the presence of different business models. In addition, it is necessary to provide for the possibility of a regulatory dialogue with gatekeepers to tailor those obligations that are likely to require specific implementing measures in order to ensure their effectiveness and proportionality. The obligations should only be updated after a thorough investigation on the nature and impact of specific practices that may be newly identified, following an in-depth investigation, as unfair or limiting contestability in the same manner as the unfair practices laid down in this Regulation while potentially escaping the scope of the current set of obligations.
Amendment 207 #
2020/0374(COD)
Proposal for a regulation
Recital 35
Recital 35
(35) The obligations laid down in this Regulation are necessary to address identified public policy concerns, there being no alternative and less restrictive measures that would effectively achieve the same result, having regard to the need to safeguard public order, protect privacy and fight fraudulent and deceptive commercial practices.
Amendment 219 #
2020/0374(COD)
Proposal for a regulation
Recital 37
Recital 37
(37) Because of their position, gatekeepers might in certain cases restrict the ability of business users of their online intermediation services to offer their goods or services to end users under more favourable conditions, including price, through other online intermediation services or their own websites or other distribution channels. Such restrictions have a significant deterrent effect on the business users of gatekeepers in terms of their use of alternative distribution channels online intermediation services, limiting inter-platform contestability, which in turn limits choice of alternative online intermediation channels for end users. To ensure that business users of online intermediation services of gatekeepers can freely choose alternative online services intermediation services and differentiate the conditions under which they offer their products or services to their end users, it should not be accepted that gatekeepers limit business users from choosing to differentiate commercial conditions, including price. Such a restriction should apply to any measure with equivalent effect, such as for example increased commission rates, or de-listing or less favourable ranking of the offers of business users.
Amendment 228 #
2020/0374(COD)
Proposal for a regulation
Recital 38
Recital 38
(38) To prevent further reinforcing their dependence on the core platform services of gatekeepers, the business users of these gatekeepers should be free in promoting and choosing the distribution channel they consider most appropriate to interact with any end users that these business users have already acquired through core platform services provided by the gatekeeper. Conversely, end users should also be free to choose offers of such business users and to enter into contracts with them either through core platform services of the gatekeeper, if applicable, or from a direct distribution channel of the business user or another indirect distribution channel such a business user may use. This should apply to the promotion of offers, any communications and conclusion of contracts between business users and end users. Moreover, the ability of end users to freely acquire content, subscriptions, features or other items outside the core platform services of the gatekeeper should not be undermined or restricted. In particular, it should be avoided that gatekeepers restrict end users from access to and use of such services via a software application running on their core platform service. For example, subscribers to online content purchased outside a software application download or purchased from a software application store should not be prevented from accessing such online content on a software application on the gatekeeper’s core platform service simply because it was purchased outside such software application or software application store.
Amendment 235 #
2020/0374(COD)
Proposal for a regulation
Recital 39 a (new)
Recital 39 a (new)
(39 a) The national competition authorities should gather complaints from third parties on unfair behaviours by gatekeepers that fall within the scope of this Regulation and report relevant cases to the Commission. Based on clearly defined conditions and investigation priorities, the Commission should then examine the complaints and act accordingly by, for example, opening a formal market investigation.
Amendment 253 #
2020/0374(COD)
Proposal for a regulation
Recital 46
Recital 46
(46) A gatekeeper may use different means to favour its own services or products on its core platform service, to the detriment of the same or similar services that end users could obtain through third parties. This may for instance be the case where certain software applications or services are pre-installed by a gatekeeper. To enable end user choice, gatekeepers should not prevent end users from un- installing any pre-installed software applications on its core platform service and thereby favour their own software applications. The gatekeeper may restrict such un-installation when such applications are essential to the functioning of the operating system or the device.
Amendment 270 #
2020/0374(COD)
Proposal for a regulation
Recital 48 a (new)
Recital 48 a (new)
(48 a) Gatekeepers can offer software applications or services which may be used on, or in conjunction with, a core platform service, such as operating systems or cloud computing services, offered by the same gatekeeper. If, in such circumstances, the gatekeeper prevents end users being able to use their software applications or services on, or in conjunction with, products or services of alternative providers under equal conditions as with the products or services of the gatekeeper, this could significantly undermine choice for end users and innovation by alternative providers. It should therefore be ensured that gatekeepers do not restrict to their advantage and to the detriment of alternative providers, end users and business users in choosing the products or services of alternative providers which they use in conjunction with the core platform service offered by the gatekeeper.
Amendment 313 #
2020/0374(COD)
Proposal for a regulation
Recital 58
Recital 58
(58) This Regulation should aim to ensure contestability and fairness of the digital economy, with a view to promoting innovation, high quality of digital products and services, fair and competitive prices, as well as a high quality and choice for end users in the digital sector. To ensure the effectiveness of the obligations laid down by this Regulation, while also making certain that these obligations are limited to what is necessary and proportionate to ensure contestability and tackling the harmful effects of the unfair behaviour by gatekeepers, it is important to clearly define and circumscribe them so as to allow the gatekeeper to immediately comply with them, in full respect of Regulation (EU) 2016/679 and Directive 2002/58/EC, consumer protection, cyber security and product safety. The gatekeepers should ensure the compliance with this Regulation by design. The necessary measures should therefore be as much as possible and where relevant integrated into the technological design used by the gatekeepers. However, it may in certain cases be appropriate for the Commission, following a dialogue with the gatekeeper concerned, toIn view of that, further specification should be possible where specific modalities of the implementation of an obligation set out in Article 6 can be affected by differences in business models where the provision concerned applies to a broad range of core platform services. To this end, the gatekeeper should be granted the opportunity to engage in a regulatory dialogue whereby the Commission may further specify some of the measures that the gatekeeper concerned should adopt in order to effectively comply with the objectives of those obligations that are susceptible of being further specified. This regulatory dialogue should be limited to the questions around ensuring effective compliance with the obligation in line with the protection of safety, security and privacy. During such regulatory dialogue, the Commission should be able to consult with interested third parties in relation to the measures that the gatekeeper is expected to implement. The Commission will nevertheless retain discretion in deciding when further specification should be provided. This would ensure that the regulatory dialogue is not used to circumvent the present regulation. Furthermore, the regulatory dialogue is without prejudice to the powers of the Commission to adopt a decision pursuant to Articles 25, 26 or 27. Such decisions would be normally adopted when the gatekeeper acts in bad faith during the regulatory dialogue or in case of blatant non-compliance with an obligation. The possibility of a regulatory dialogue should facilitate compliance by gatekeepers and expedite the correct implementation of the Regulation.
Amendment 331 #
2020/0374(COD)
Proposal for a regulation
Recital 62
Recital 62
(62) In order to ensure the full and lasting achievement of the objectives of this Regulation, the Commission should be able to assess whether a provider of core platform services should be designated as a gatekeeper without meeting the quantitative thresholds laid down in this Regulation; whether systematic non- compliance by a gatekeeper warrants imposing additional remedies; and whether the list of obligations addressing unfair practices by gatekeepers should be reviewed and additional practices that are similarly unfair and limiting the contestability of digital markets should be identified; and whether the prior designation of gatekeepers or introduction of obligations has had a significant impact on business users, especially on small and medium-sized enterprises, or consumers. Such assessment should be based on market investigations to be run in an appropriate timeframe, by using clear procedures and deadlines, in order to support the ex ante effect of this Regulation on contestability and fairness in the digital sector, and to provide the requisite degree of legal certainty.
Amendment 336 #
2020/0374(COD)
Proposal for a regulation
Recital 63
Recital 63
(63) Following a market investigation, an undertaking providing a core platform service could be found to fulfil all of the overarching qualitative criteria for being identified as a gatekeeper. It should then, in principle, comply with all of the relevant obligations laid down by this Regulation which are appropriate and necessary to guarantee contestability. However, for gatekeepers that have been designated by the Commission as likely to enjoy an entrenched and durable position in the near future, the Commission should only impose those obligations that are necessary and appropriate to prevent that the gatekeeper concerned achieves an entrenched and durable position in its operations. With respect to such emerging gatekeepers, the Commission should take into account that this status is in principle of a temporary nature, and it should therefore be decided at a given moment whether such a provider of core platform services should be subjected to the full set of gatekeeper obligations because it has acquired an entrenched and durable position, or conditions for designation are ultimately not met and therefore all previously imposed obligations should be waived.
Amendment 340 #
2020/0374(COD)
Proposal for a regulation
Recital 64
Recital 64
(64) The Commission should investigate and assess whether additional behavioural, or, where appropriate, structural remedies are justified, in order to ensure that the gatekeeper cannot frustrate the objectives of this Regulation by systematic non- compliance with one or several of the obligations laid down in this Regulation, which has further strengthened its gatekeeper position. This would be the case if the gatekeeper’s size in the internal market has further increased, economic dependency of business users and end users on the gatekeeper’s core platform services has further strengthened as their number has further increased and the gatekeeper benefits from increased entrenchment of its position. The Commission should therefore in such cases have the power to impose any remedy, whether behavioural or structural, having due regard to the principle of proportionality. Structural remedies, such as legal, functional or structural separation, including the divestiture of a business, or parts of it, should only be imposed either where there is no equally effective behavioural remedy or where any equally effective behavioural remedy would be more burdensome for the undertaking concerned than the structural remedy. Changes to the structure of an undertaking as it existed before the systematic non- compliance was established would only be proportionate where there is a substantial risk that this systematic non- compliance results from the very structure of the undertaking concerned. The Commission should be able to impose interim measures at any time during proceedings to prevent serious or immediate damages for business users or end users.
Amendment 343 #
2020/0374(COD)
Proposal for a regulation
Recital 65 a (new)
Recital 65 a (new)
(65 a) Interim measures can be an important tool to ensure that, while an investigation is ongoing, the infringement being investigated does not lead to serious and immediate damage for business users or end users of gatekeepers. In case of urgency, where a risk of serious and immediate damage for business users or end-users of gatekeepers could result from new practices that may undermine contestability of core platform services, the Commission should be empowered to impose interim measures by temporarily imposing obligations to the gatekeeper concerned. These interim measures should be limited to what is necessary and justified. They should apply pending the conclusion of the market investigation and the corresponding final decision of the Commission pursuant to Article 17.
Amendment 351 #
2020/0374(COD)
Proposal for a regulation
Recital 67 a (new)
Recital 67 a (new)
(67 a) The Commission shall, where appropriate, be entitled to require the commitments to be tested, for example, by using split-run tests and other randomised experiments, in order to optimise their effectiveness. The commitments should be reviewed after they have been in place for an appropriate period. Where the review of the commitments by the Commission shows that they have not led to effective compliance, the Commission should be entitled to require amendment or revocation thereof.
Amendment 361 #
2020/0374(COD)
Proposal for a regulation
Recital 72
Recital 72
(72) The Commission should be able to take the necessary actions to monitor the effective implementation and compliance with the obligations laid down in this Regulation. Such actions should include the ability of the Commission to appoint independent external experts, such as and auditors to assist the Commission in this process, including where applicable from competent independent authorities, such as data or consumer protection authorities.
Amendment 368 #
2020/0374(COD)
Proposal for a regulation
Recital 75
Recital 75
(75) In the context of proceedings carried out under this Regulation, the undertakings concerned should be accorded the right to be heard by the Commission and the decisions taken should be widely publicised. While ensuring the rights to good administration and the rights of defence of the undertakings concerned, in particular, the right of access to the file and the right to be heard, it is essential that confidential informationand sensitive commercial information, which could affect the privacy of trade secrets, be protected. Furthermore, while respecting the confidentiality of the information, the Commission should ensure that any information relied on for the purpose of the decision is disclosed to an extent that allows the addressee of the decision to understand the facts and considerations that led up to the decision. Finally, under certain conditions certain business records, such as communication between lawyers and their clients, may be considered confidential if the relevant conditions are met.
Amendment 372 #
2020/0374(COD)
Proposal for a regulation
Recital 78
Recital 78
(78) The Commission should periodically evaluate this Regulation and closely monitor its effects on the contestability and fairness of commercial relationships in the online platform economy, in particular with a view to determining the need for amendments in light of relevant technological or commercial developments. This evaluation should include the regular review of the list of core platform services and the obligations addressed to gatekeepers as well as enforcement of these, in view of ensuring that digital markets across the Union are contestable and fair. In order to obtain a broad view of developments in the sector, the evaluation should take into account the experiences of Member States and relevant stakeholders. The Commission may in this regard also consider the opinions and reports presented to it by the Observatory on the Online Platform Economy that was first established by Commission Decision C(2018)2393 of 26 April 2018, by Eurostat, and by the national statistics offices of the countries where the service providers operate. Following the evaluation, the Commission should take appropriate measures. The Commission should to maintain a high level of protection and respect for the common EU rights and values, particularly equality and non-discrimination, as an objective when conducting the assessments and reviews of the practices and obligations provided in this Regulation.
Amendment 379 #
2020/0374(COD)
Proposal for a regulation
Recital 79 a (new)
Recital 79 a (new)
(79 a) The Commission shall apply the provisions of this Regulation in close cooperation with the competent national competition authorities, acting within the framework of the European Competition Network, to ensure effective enforceability as well as coherent implementation of this Regulation and to facilitate the cooperation with national authorities.
Amendment 381 #
2020/0374(COD)
Proposal for a regulation
Recital 79 b (new)
Recital 79 b (new)
(79 b) Without prejudice to the budgetary procedure and through existing financial instruments, adequate human, financial and technical resources should be allocated to the Commission to ensure that it can effectively perform its duties and exercise its powers as necessary for the enforcement of this Regulation.
Amendment 390 #
2020/0374(COD)
Proposal for a regulation
Article 1 – paragraph 3 – point b
Article 1 – paragraph 3 – point b
(b) related to electronic communications services as defined in point (4) of Article 2 of Directive (EU) 2018/1972 other than those related to number-independent interpersonal communication services as defined in point (4)(b7) of Article 2 of that Directive.
Amendment 391 #
2020/0374(COD)
Proposal for a regulation
Article 1 – paragraph 3 a (new)
Article 1 – paragraph 3 a (new)
3 a. This Regulation shall not apply to the data that is used to maintain or improve security of online transactions and prevent fraud.
Amendment 392 #
2020/0374(COD)
5. In order to ensure the frictionless and coherent application of this Regulation throughout the internal market and to guarantee a fully harmonized approach, the European Commission shall be the sole enforcer and decision maker on the correct application of the rules and obligations outlined in this Regulation. Member States shall not impose on gatekeepers further obligations by way of laws, regulations or administrative action for the purpose of ensuring contestable and fair markets. This is without prejudice to rules pursuing other legitimate public interests, in compliance with Union law. In particular, nothing in this Regulation precludes Member States from imposing obligations, which are compatible with Union law, on undertakings, including providers of core platform services where these obligations are unrelated to the relevant undertakings having a status of gatekeeper within the meaning of this Regulation in order to protect consumers or to fight against acts of unfair competition.
Amendment 399 #
2020/0374(COD)
Proposal for a regulation
Article 1 – paragraph 5 a (new)
Article 1 – paragraph 5 a (new)
5 a. In addition to Article 32a, national competition authorities shall notify the Commission at least four weeks before the opening of any formal proceedings against any provider of core platform services if there is any possible overlap with the scope of this Regulation in order to ensure close coordination and cooperation at Union and national level.
Amendment 411 #
2020/0374(COD)
Proposal for a regulation
Article 1 – paragraph 7
Article 1 – paragraph 7
7. National authorities shall not take decisions which would run counter to a decision adopted by the Commission under this Regulation. The Commission and Member States shall work in close cooperation and coordination in their enforcement actions on the basis of the principles and rules established in Article 32a.
Amendment 422 #
2020/0374(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 2 – point g
Article 2 – paragraph 1 – point 2 – point g
(g) cloud computing services, except if those services are used by business users as underlying facilities for the purposes of developing and deploying their own solutions;
Amendment 433 #
2020/0374(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 2 – point h a (new)
Article 2 – paragraph 1 – point 2 – point h a (new)
(h a) web browsers;
Amendment 437 #
2020/0374(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 2 – point h b (new)
Article 2 – paragraph 1 – point 2 – point h b (new)
(h b) virtual assistants;
Amendment 442 #
2020/0374(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 3 a (new)
Article 2 – paragraph 1 – point 3 a (new)
(3 a) ‘Virtual assistant’ means software that can perform tasks or services for end- users based on commands or questions;
Amendment 443 #
2020/0374(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 3 b (new)
Article 2 – paragraph 1 – point 3 b (new)
(3 b) ‘Web browser’ means a client software program that runs against a Web server or other Internet server and enables a user to navigate the World Wide Web to access and display data, including standalone web browsers as well as web browsers integrated or embedded in software or similar;
Amendment 445 #
2020/0374(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 6
Article 2 – paragraph 1 – point 6
(6) ‘Online search engine’ means a digital service as defined in point 5 of Article 2 of Regulation (EU) 2019/1150, thus excluding the search functions on other online intermediation services;
Amendment 466 #
2020/0374(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 14
Article 2 – paragraph 1 – point 14
(14) ‘Ancillary service’ means services provided in the context of or together with core platform services, including payment services as defined in point 3 of Article 4 and technical services which support the provision of payment services as defined in Article 3(j) of Directive (EU) 2015/2366, fulfilment, parcel delivery as defined in Article 2 paragraph 2 of Regulation (EU) 2018/644,freight transport, identification or advertising services; .
Amendment 515 #
2020/0374(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point b – paragraph 1
Article 3 – paragraph 2 – point b – paragraph 1
for the purpose of the first subparagraph, monthly active end users shall refer to the average number of monthly active end users throughout the largest partat least six (not necessarily consecutive) months of the last financial year;
Amendment 526 #
2020/0374(COD)
Proposal for a regulation
Article 3 – paragraph 3 – introductory part
Article 3 – paragraph 3 – introductory part
3. Where a provider of core platform services meets all the thresholds in paragraph 2, it shall notify the Commission thereof within threewo months after those thresholds are satisfied and provide it with the relevant information identified in paragraph 2.. That notification shall include the relevant information identified in paragraph 2 for each of the core platform services of the provider that meets the thresholds in paragraph 2 point (b). The notification shall be updated whenever other core platform services individually meet the thresholds in paragraph 2 point (b).
Amendment 558 #
2020/0374(COD)
Proposal for a regulation
Article 3 – paragraph 6 – subparagraph 1 – point e a (new)
Article 3 – paragraph 6 – subparagraph 1 – point e a (new)
(e a) the degree of multi-homing among business users and active end users;
Amendment 572 #
2020/0374(COD)
Proposal for a regulation
Article 3 – paragraph 7 a (new)
Article 3 – paragraph 7 a (new)
7 a. When designating a gatekeeper, the Commission shall specify, under Article 7, which obligations are to be implemented by the gatekeeper, taking into account the business models of the gatekeeper concerned.
Amendment 574 #
2020/0374(COD)
Proposal for a regulation
Article 3 – paragraph 8
Article 3 – paragraph 8
8. The gatekeeper shall comply with the obligations laid down in Articles 5 and 6 withiand shall notify the Commission of the details of its compliance with those obligations as soon as possible, and in any case no later than six months after a core platform service has been included in the list pursuant to paragraph 7 of this Article.
Amendment 584 #
2020/0374(COD)
Proposal for a regulation
Article 4 – paragraph 2 – introductory part
Article 4 – paragraph 2 – introductory part
2. The Commission shall regularly, and at least every 2 years, review whether the designated gatekeepers continue to satisfy the requirements laid down in Article 3(1), or whether new providers of core platform services satisfy those requirements. The regular review shall also examine whether the list of affected core platform services of the gatekeeper needs to be adjusted and if any business users, especially small and medium-sized enterprises or consumers, have been negatively impacted by the designation of a core platform service as a gatekeeper.
Amendment 594 #
2020/0374(COD)
Proposal for a regulation
Article 5 – paragraph 1 – introductory part
Article 5 – paragraph 1 – introductory part
In respect of each of its core platform and ancillary services identified pursuant respectively to Article 3(7), and Article 2(14) a gatekeeper shall:
Amendment 620 #
2020/0374(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point b
Article 5 – paragraph 1 – point b
(b) allow business users to offer the same products or services to end users themselves or through third party online intermediation services at prices or conditions that are different from those offered through the online intermediation services of the gatekeeper;
Amendment 623 #
2020/0374(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point c
Article 5 – paragraph 1 – point c
(c) allow business users to promote offers to or communicate with end users acquired via the core platform service, within or outside the core platform service, and to conclude contracts with these end users regardless of whether for that purpose they use the core platform services of the gatekeeper or not, and allow end users to access and use, through the core platform services of the gatekeeper, content, subscriptions, features or other items by using the software application of a business user, where these items have been acquired by the end users from the relevant business user without using the core platform services of the gatekeeper, unless the gatekeeper can demonstrate that such access bypasses the security measures of the gatekeeper's core platform service;
Amendment 637 #
2020/0374(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point d
Article 5 – paragraph 1 – point d
(d) refrain from directly or indirectly preventing or restricting business users from raising issues with any relevant public authority or national court relating to any practice of gatekeepers;
Amendment 641 #
2020/0374(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point e
Article 5 – paragraph 1 – point e
(e) refrain from requiring business users to use, offer or interoperate with an identification service of the gatekeeperr any other ancillary service of the gatekeeper itself or third parties belonging to the same undertaking; in the context of services offered by the business users using the core platform services of that gatekeeper;
Amendment 657 #
2020/0374(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point f
Article 5 – paragraph 1 – point f
(f) refrain from requiring business users or end users to use, subscribe to or register with any other core platform services identified pursuant to Article 3 or which meets the thresholds in Article 3(2)(b) or any other service offered by the gatekeeper as a condition to use, access, sign up or register to any of their core platform services identified pursuant to that Article or to any other service offered by the gatekeeper;
Amendment 665 #
2020/0374(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point f a (new)
Article 5 – paragraph 1 – point f a (new)
(f a) a platform must refrain from requiring ‘the acceptance of supplementary conditions or services that, by their nature or according to commercial usage, have no connection with and are not necessary for the provision of the platform or services to its business users’.
Amendment 673 #
2020/0374(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point g
Article 5 – paragraph 1 – point g
(g) provide individual advertisers and publishers to which it supplies advertising services, upon their request, with information concerningon the visibility and availability of advertisement portfolio as well as pricing conditions concerning the bids placed by advertisers and advertising intermediaries, the price paid by the advertiser and publisher, as well as the amount or remuneration paid to the publisher, for the publishing of a given ad and for each of the relevant advertising services provided by the gatekeeper.
Amendment 690 #
2020/0374(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point g a (new)
Article 5 – paragraph 1 – point g a (new)
(g a) prioritize trustworthy sources, such as public authorities, scientific sources on their platforms and ancillary services that do not cater to special interests. Trost worthy sources are those that use technical standards established in a participatory and transparent manner, operating according to the highest, internationally recognized professional norms;
Amendment 698 #
2020/0374(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point g b (new)
Article 5 – paragraph 1 – point g b (new)
(g b) prioritize on their platforms and ancillary services providers of public interest journalism that shall be identified through voluntary, self-regulatory European standards or European standardization deliverables as defined by European law(‘technical standards’), which are transparently developed, governed and enforced. Any of those standards shall be based on internationally accepted best-practices and ethical norms to serve as legitimate criteria to implement the due prominence obligation. These technical standards must be attributed and disclosed by and to all parties involved.
Amendment 723 #
2020/0374(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point b
Article 6 – paragraph 1 – point b
(b) allow end users to un-install any pre-installed software applications, and delete the accompanying collected and stored data, on its core platform service without prejudice to the possibility for a gatekeeper to restrict such un-installation in relation to software applications that are essential for the functioning of the operating system or of the device and which cannot technically be offered on a standalone basis by third- parties;
Amendment 733 #
2020/0374(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point c
Article 6 – paragraph 1 – point c
(c) allow the installation and effective use of third party software applications or software application stores using, or interoperating with, operating systems of that gatekeeper and allow these software applications or software application stores to be accessed by means other than the core platform services of that gatekeeper. The gatekeeper shall not be prevented from taking proportionate measures to ensure that third party software applications or software application stores do not endanger the integrity of the hardware or operating system provided by the gatekeeper or undermine the protection of user safety and data protection, provided that such measures are duly justified and proportionate;
Amendment 745 #
2020/0374(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point d
Article 6 – paragraph 1 – point d
(d) refrain from embedding or treating more favourably in ranking services and products offered by the gatekeeper itself or by any third party belonging to the same undertaking compared to similar services or products of third partyies and apply fair and non-discriminatory conditions to such ranking;
Amendment 746 #
2020/0374(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point d
Article 6 – paragraph 1 – point d
(d) refrain from treatingharming competition by embedding or treating, in an unjustified, abusive or harmful manner, more favourably in ranking services and products offered by the gatekeeper itself or by any third party belonging to the same undertaking compared to similar services or products of third party and apply fair and non-discriminatory conditions to such ranking;
Amendment 762 #
2020/0374(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point e
Article 6 – paragraph 1 – point e
(e) refrain from technically restricting the ability of end users to switch between and subscribe to different software applications and services to be accessed using the operating system of the gatekeeper, including as regards the choice of Internet access provider for end users, or using its virtual assistant;
Amendment 769 #
2020/0374(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point f
Article 6 – paragraph 1 – point f
(f) allow business users, end-users and providers of ancillary services access to and interoperability with the same operating system, hardware or software features that are available or used in the provision by the gatekeeper of any ancillary services. The gatekeeper shall not be prevented from taking justified, non-discriminatory and proportionate measures to ensure that third party ancillary services do not endanger user safety, data protection, or the functionality and integrity of the operating system or hardware;
Amendment 786 #
2020/0374(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point g
Article 6 – paragraph 1 – point g
(g) provide advertisers and publishers, or third parties authorised by advertisers and publishers, upon their request and free of charge, with access to the performance measuring tools of the gatekeeper and the information necessary for advertisers and publishers to carry out their own independent verification of the ad inventory, including aggregated data and performance data in a manner that would allow advertisers and publishers to run their own verification and measurement tools to assess performance of the core services provided for by the gatekeepers;
Amendment 805 #
2020/0374(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point i
Article 6 – paragraph 1 – point i
(i) provide business users, or third parties authorised by a business user, free of charge, with effective, high-quality, continuous and real-time access and use of aggregated orand non-aggregated data, that is provided for or generated in the context of the use of the relevant core platform services by those business users and the end users engaging with the products or services provided by those business users; for personal data, provide access and use only where directly connected with the use effectuated by the end user in respect of the products or services offered by the relevant business user through the relevant core platform service, and when the end user opts in to such sharing with a consent in the sense of the Regulation (EU) 2016/679; ;
Amendment 822 #
2020/0374(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point k a (new)
Article 6 – paragraph 1 – point k a (new)
(k a) refrain from imposing on business users or end users software applications or services which are used on, or in conjunction with a core service platform of the gatekeeper, any licensing conditions or economic terms that have the effect of limiting, in a discriminatory manner relative to the gatekeeper’s own offerings, end users’ ability or economic incentive to use software applications or services on, or in conjunction with, products or services that compete with those of the gatekeeper for instance by attributing a preferential treatment to its own offerings which would bring them forward to the attention of the end users or business users.
Amendment 854 #
2020/0374(COD)
Proposal for a regulation
Article 7 – paragraph 2
Article 7 – paragraph 2
2. Where the Commission finds that the measures that the gatekeeper intends to implement pursuant to paragraph 1, or has implemented, do not ensure effective compliance with the relevant obligations laid down in Article 6, it may act on its own initiative and may by decision specify the measures that the gatekeeper concerned shall implement. The Commission shall adopt such a decision wias soon as possible, and in any case no later thian six months from the opening of proceedings pursuant to Article 18.
Amendment 861 #
2020/0374(COD)
Proposal for a regulation
Article 7 – paragraph 2 a (new)
Article 7 – paragraph 2 a (new)
2 a. In order to effectively comply with the obligations laid down in Article 6, the gatekeeper shall be granted the opportunity to engage in a regulatory dialogue, whereby the Commission can further specify relevant measures that the gatekeeper concerned shall adopt in order to effectively comply with those obligations. When doing so, the Commission may decide to consult third parties whose views it considers necessary in relation to the measures that the gatekeeper is expected to implement. Further specification of obligations laid down in Article 6 shall be limited to issues relating to ensuring effective compliance with the obligation while protecting safety, security and privacy and where the modalities of implementation of an obligation can be affected by differences in business models. The Commission shall retain discretion in deciding whether to engage in such a dialogue.
Amendment 863 #
2020/0374(COD)
Proposal for a regulation
Article 7 – paragraph 2 b (new)
Article 7 – paragraph 2 b (new)
Amendment 872 #
2020/0374(COD)
Proposal for a regulation
Article 7 – paragraph 4
Article 7 – paragraph 4
4. In view of adopting the decision under paragraph 2, the Commission shall communicate its preliminary findings wias soon as possible, and in any case no later thian three months from the opening of the proceedings. In the preliminary findings, the Commission shall explain the measures it considers to take or it considers that the provider of core platform services concerned should take in order to effectively address the preliminary findings.
Amendment 882 #
2020/0374(COD)
Proposal for a regulation
Article 7 – paragraph 7
Article 7 – paragraph 7
Amendment 890 #
2020/0374(COD)
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. The Commission may, on a reasoned request by the gatekeeper, exceptionally suspend, in whole or in part, a specific obligation laid down in Articles 5 and 6 for a core platform service by decision adopted in accordance with the advisory procedure referred to in Article 32(4), where the gatekeeper demonstrates that compliance with that specific obligation would endanger, due to exceptional circumstances beyond the control of the gatekeeper, the economic viability of the operation of the gatekeeper in the Union, and only to the extent necessary to address such threat to its viability. The Commission shall aim to adopt the suspension decision without delay and at the latest 3 months following receipt of a complete reasoned request. The suspension decision shall be accompanied by a reasoned statement explaining the grounds for the suspension.
Amendment 899 #
2020/0374(COD)
Proposal for a regulation
Article 8 – paragraph 2
Article 8 – paragraph 2
2. Where the suspension is granted pursuant to paragraph 1, the Commission shall review its suspension decision every year. Following such a review the Commission shall either in whole or in part lift the suspension or decide that the conditions of paragraph 1 continue to be met.
Amendment 902 #
2020/0374(COD)
Proposal for a regulation
Article 8 – paragraph 3 – subparagraph 1
Article 8 – paragraph 3 – subparagraph 1
In assessing the request, the Commission shall take into account, in particular, the impact of the compliance with the specific obligation on the economic viability of the operation of the gatekeeper in the Union as well as on third parties, in particular smaller business users and consumers. The suspension may be made subject to conditions and obligations to be defined by the Commission in order to ensure a fair balance between these interests and the objectives of this Regulation. Such a request may be made and granted at any time pending the assessment of the Commission pursuant to paragraph 1.
Amendment 911 #
2020/0374(COD)
Proposal for a regulation
Article 9 – paragraph 3 – subparagraph 1 a (new)
Article 9 – paragraph 3 – subparagraph 1 a (new)
Where the exemption is granted pursuant paragraph 1, the Commission shall review its exemption decision every year. Following such a review, the Commission shall either lift the exemption or decide that the conditions of paragraph 1 continue to be met.
Amendment 919 #
2020/0374(COD)
Proposal for a regulation
Article 10 – paragraph 1 a (new)
Article 10 – paragraph 1 a (new)
Amendment 927 #
2020/0374(COD)
Proposal for a regulation
Article 10 – paragraph 2 – point a
Article 10 – paragraph 2 – point a
(a) there is an imbalance of rights and obligations on business users andor the gatekeeper is obtaining an advantage from business users that is disproportionate to the service provided by the gatekeeper to business users; or
Amendment 931 #
2020/0374(COD)
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
1. A gatekeeper shall ensure that the obligations of Articles 5 and 6 are fully and effectively complied with. While the obligations of Articles 5 and 6 apply in respect of core and ancillary platform services designated, respectively pursuant to Article 3 and Article 2 (point 14), their implementation shall not be undermined by any behaviour of the gatekeeper itself or of any third party belonging to the same undertaking to which the gatekeeper belongs, regardless of whether this behaviour is of a contractual, commercial, technical or any other nature.
Amendment 936 #
2020/0374(COD)
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
1. A gatekeeper shall ensure that the obligations of Articles 5 and 6 are fully and effectively complied with. While the obligations of Articles 5 and 6 apply in respect of core platform services designated pursuant to Article 3, their implementation shall not be undermined by any behaviour of thea gatekeeper, including any undertaking to which the gatekeeper belongs, shall not engage in any behaviour regardless of whether this behaviour is of a contractual, commercial, technical or any other nature that would undermine these obligations.
Amendment 947 #
2020/0374(COD)
Proposal for a regulation
Article 11 – paragraph 3
Article 11 – paragraph 3
3. A gatekeeper shall not degrade the conditions or quality of any of the core platform services provided to business users or end users who avail themselves of the rights or choices laid down in Articles 5 and 6, or make the exercise of those rights or choices unduly difficult, including by offering choices to the end- user in a non-neutral manner, or by subverting user's autonomy, decision- making, or choice via the structure, function or manner of operation of a user interface or a part thereof.
Amendment 986 #
2020/0374(COD)
Proposal for a regulation
Article 15 – paragraph 2
Article 15 – paragraph 2
2. In the course of a market investigation pursuant to paragraph 1, the Commission shall endeavour to communicate its preliminary findings to the provider of core platform services concerned wias soon as possible, and in any case no later thian six months from the opening of the investigation. In the preliminary findings, the Commission shall explain whether it considers, on a provisional basis, that the provider of core platform services should be designated as a gatekeeper pursuant to Article 3(6).
Amendment 994 #
2020/0374(COD)
Proposal for a regulation
Article 15 – paragraph 3
Article 15 – paragraph 3
3. Where the provider of core platform services satisfies the thresholds set out in Article 3(2), but has presented significantly substantiated arguments in accordance with Article 3(4), the Commission shall endeavour to conclude the market investigation wias soon as possible, and in any case no later thian five months from the opening of the market investigation by a decision pursuant to paragraph 1. In that case the Commission shall endeavour to communicate its preliminary findings pursuant to paragraph 2 to the provider of core platform services wias soon as possible, and in any case no later thian three months from the opening of the investigation.
Amendment 1005 #
2020/0374(COD)
Proposal for a regulation
Article 16 – paragraph 1
Article 16 – paragraph 1
1. The Commission may conduct a market investigation for the purpose of examining whether a gatekeeper has engaged in systematic non-compliance. Where the market investigation shows that a gatekeeper has systematically infringed the obligations laid down in Articles 5 and 6 and has further strengthened or extended its gatekeeper position in relation to the characteristics under Article 3(1), the Commission may by decision adopted in accordance with the advisory procedure referred to in Article 32(4) impose on such gatekeeper any behavioural or structural remedies which are proportionate to the infringement committed and necessary to ensure compliance with this Regulation. The Commission shall, where appropriate, be entitled to require the remedies to be tested to optimise their effectiveness. The Commission shall conclude its investigation by adopting a decision wias soon as possible, and in any case no later thian twelve months from the opening of the market investigation.
Amendment 1014 #
2020/0374(COD)
Proposal for a regulation
Article 16 – paragraph 2
Article 16 – paragraph 2
Amendment 1028 #
2020/0374(COD)
Proposal for a regulation
Article 16 – paragraph 5
Article 16 – paragraph 5
5. The Commission shall communicate its objections to the gatekeeper concerned wias soon as possible, and in any case no later thian six months from the opening of the investigation. In its objections, the Commission shall explain whether it preliminarily considers that the conditions of paragraph 1 are met and which remedy or remedies it preliminarily considers necessary and proportionate.
Amendment 1044 #
2020/0374(COD)
Proposal for a regulation
Article 17 – paragraph 2 – point b a (new)
Article 17 – paragraph 2 – point b a (new)
(ba) The Commission shall be entitled to impose interim measures if there is a risk of serious and immediate damage for business users or end users of gatekeepers.
Amendment 1057 #
2020/0374(COD)
Proposal for a regulation
Article 20 – paragraph 1
Article 20 – paragraph 1
The Commission mayand the competent national competition authorities, may, in accordance with Article 32a, interview any natural or legal person which consents to being interviewed for the purpose of collecting information, relating to the subject-matter of an investigation, pursuant to Articles 7, 16, 16, 17, 25 and 26, including in relation to the monitoring, implementing and enforcing of the rules laid down in this Regulation.
Amendment 1060 #
2020/0374(COD)
Proposal for a regulation
Article 21 – paragraph 1
Article 21 – paragraph 1
1. The Commission, upon a prior notice, may conduct on- site inspections at the premises of an undertaking or association of undertakings.
Amendment 1064 #
2020/0374(COD)
Proposal for a regulation
Article 21 a (new)
Article 21 a (new)
Amendment 1067 #
2020/0374(COD)
Proposal for a regulation
Article 22 – paragraph 1
Article 22 – paragraph 1
1. In case of urgency due to the risk of serious and irreparablmmediate damage for business users or end users of gatekeepers, the Commission may, by decision adopt in accordance with the advisory procedure referred to in Article 32(4), order interim measures against a gatekeeper on the basis of a prima facie finding of an infringement of Articles 5 or 6.
Amendment 1069 #
2020/0374(COD)
Proposal for a regulation
Article 22 – paragraph 2 a (new)
Article 22 – paragraph 2 a (new)
2a. In the case of urgency, due to the risk of serious and immediate damage for business users or end users of gatekeepers, resulting from new practices implemented by one or more gatekeepers that could undermine contestability of core platform services or that could be unfair pursuant to Article 10(2), the Commission may impose interim measures on the concerned gatekeepers in order to avoid the materialization of such risk.
Amendment 1070 #
2020/0374(COD)
Proposal for a regulation
Article 22 – paragraph 2 b (new)
Article 22 – paragraph 2 b (new)
2b. A decision referred to in paragraph 1 may only be adopted in the context of a market investigation pursuant to Article 17 and within 6 months of the opening of such an investigation. The interim measures shall apply for a specified period of time and, in any case, shall be replaced by any new obligations that may arise under the final decision resulting from the market investigation pursuant to Article 17.
Amendment 1074 #
2020/0374(COD)
Proposal for a regulation
Article 23 – paragraph 1
Article 23 – paragraph 1
1. If during proceedings under Articles 16 or 25 the gatekeeper concerned offers commitments for the relevant core platform services to ensure compliance with the obligations laid down in Articles 5 and 6, the Commission may by decision adopted in accordance with the advisory procedure referred to in Article 32(4) make those commitments binding on that gatekeeper and declare that there are no further grounds for action. The Commission shall, where appropriate, be entitled to require the commitments to be tested to optimise their effectiveness.
Amendment 1089 #
2020/0374(COD)
Proposal for a regulation
Article 25 – paragraph 3
Article 25 – paragraph 3
3. In the non-compliance decision adopted pursuant to paragraph 1, the Commission shall order the gatekeeper to cease and desist with the non-compliance within an appropriate deadline and to provide explanations on how it plans to comply with the decisionimpose behavioural or structural remedies as necessary and proportionate to the infringement.
Amendment 1145 #
2020/0374(COD)
Proposal for a regulation
Article 32 – paragraph 1
Article 32 – paragraph 1
1. The Commission shall be assisted by the Digital Markets Advisory Committee. That Committee shall be a Committee within the meaning of Regulation (EU) No 182/2011. Each Member State shall appoint two representatives to the Committee. If the appointed representatives are unable to attend, other representatives may replace them. At least one of the representatives of a Member State shall be competent in matters of restrictive practices, abuses of dominant positions and other forms of unilateral conduct. Member States shall take all necessary measures to ensure the protection of confidential information by their representatives.
Amendment 1149 #
2020/0374(COD)
Proposal for a regulation
Article 32 a (new)
Article 32 a (new)
Amendment 1154 #
2020/0374(COD)
Proposal for a regulation
Article 33 – paragraph 1
Article 33 – paragraph 1
1. When three or more Member States request the Commission to open an investigation pursuant to Articles 15, 16 and 17 or institute proceedings in respect of possible non-compliance pursuant to Article 25 because they consider that there are reasonable grounds to suspect that a provider of core platform services should be designated as a gatekeeper, the Commission shall wiat a gatekeeper is not complying with its obligations as laid down in Articles 5 and 6, that one or more services within the digital sector should be added to the list of core platform services pursuant to point (2) of Article 2 or that there are reasonable grounds to suspect that one or several types of practices are not effectively addressed by this Regulation and can limit the contestability of core platform services or can be unfair, the Commission shall as soon as possible, and in any case no later thian four months examine whether there are reasonable grounds to open such an investigation.
Amendment 1183 #
2020/0374(COD)
Proposal for a regulation
Article 36 – paragraph 1 – introductory part
Article 36 – paragraph 1 – introductory part
1. The Commission may adopt implementing acts concerning articles: 3, 6, 12, 13, 15, 16, 17, 20, 22, 23, 25 and 30 with respect to:
Amendment 1192 #
2020/0374(COD)
Proposal for a regulation
Article 38 – paragraph 2
Article 38 – paragraph 2
2. The evaluations shall establish whether inclusion of additional rules or deletion of the existing ones, including regarding the list of core platform services laid down in point 2 of Article 2, the obligations laid down in Articles 5 and 6 and their enforcement, may be required to ensure that digital markets across the Union are contestable and fair. Following the evaluations, the Commission shall take appropriate measures, which may include legislative proposals.
Amendment 185 #
2020/0361(COD)
Proposal for a regulation
Recital 2 a (new)
Recital 2 a (new)
(2a) Member States also undertake to promote, through multilateral agreements such as the International Partnership for Information and Democracy initiated by Reporters Without Borders and signed by 21 EU Member States, the Regulation of the public information and communication space by establishing democratic guarantees for the digital space, based on the responsibility of platforms and guarantees for the reliability of information. These multilateral commitments offer convergent solutions on matters covered by this Regulation.
Amendment 194 #
2020/0361(COD)
Proposal for a regulation
Recital 4 a (new)
Recital 4 a (new)
(4a) As Party to the United Nations Convention on the Rights of Persons with Disabilities (UN CRPD), provisions of the Convention are integral part of the Union legal order and binding upon the Union and its Member States. The UN CRPD requires its Parties to take appropriate measures to ensure that persons with disabilities have access, on an equal basis with others, to information and communications technologies and systems, and other facilities and services open or provided to the public, both in urban and in rural areas. General Comment No2 to the UN CRPD further states that “The strict application of universal design to all new goods, products, facilities, technologies and services should ensure full, equal and unrestricted access for all potential consumers, including persons with disabilities, in a way that takes full account of their inherent dignity and diversity.” Given the ever-growing importance of digital services and platforms in private and public life, in line with the obligations enshrined in the UN CRPD, the EU must ensure a regulatory framework for digital services which protects rights of all recipients of services, including persons with disabilities.
Amendment 199 #
2020/0361(COD)
Proposal for a regulation
Recital 5 a (new)
Recital 5 a (new)
(5a) Given the cross-border nature of the services at stake, Union action to harmonise accessibility requirements for intermediary services across the internal market is vital to avoid market fragmentation and ensure that equal right to access and choice of those services by all consumers and other recipients of services, including by persons with disabilities, is protected throughout the Union. Lack of harmonised accessibility requirements for digital services and platforms will also create barriers for the implementation of existing Union legislation on accessibility, as many of the services falling under those laws will rely on intermediary services to reach end- users. Therefore, accessibility requirements for intermediary services, including their user interfaces, must be consistent with existing Union accessibility legislation, such as the European Accessibility Act and the Web Accessibility Directive, so that no one is left behind as result of digital innovation. This aim is in line with the Union of Equality: Strategy for the Rights of Persons with Disabilities 2021-2030 and the Union’s commitment to the United Nations’ Sustainable Development Goals.
Amendment 201 #
2020/0361(COD)
Proposal for a regulation
Recital 5 b (new)
Recital 5 b (new)
(5b) The notions of ‘access’ or ‘accessibility’ are often referred to with the meaning of affordability (financial access), availability, or in relation to access to data, use of network, etc. It is important to distinguish these from ‘accessibility for persons with disabilities’ which means that services, technologies and products are perceivable, operable, understandable and robust for persons with disabilities.
Amendment 204 #
2020/0361(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) In order to ensure the effectiveness of the rules laid down in this Regulation and a level playing field within the internal market, those rules should apply to providers of intermediary services irrespective of their place of establishment or residence, in so far as they provide and direct services at and in the Union, as evidenced by a substantial connection to the Union.
Amendment 206 #
2020/0361(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) Such a substantial connection to the Union should be considered to exist where the service provider has an establishment in the Union or, in its absence, on the basis of the existence of a significant number of active monthly users in one or more Member States, or the targeproactive directing of activities towards one or more Member States. The targeting of activities towards one or more Member States can be determined on the basis of all relevant circumstances, including factors such as the use of a language or a currency generally used in that Member State, or the possibility of ordering products or services, or using a national top level domain. The targeusing a national top level domain or intermediary service provider solicits the conclusion of distance contracts from residents of the Union and that a contract has actually been concluded at a distance, by whatever means. In this respect, the language or currency which a website uses does not constitute a relevant factor. The proactive directing of activities towards a Member State could also be derived from the availability of an application in the relevant national application store, from the provision of local advertising or advertising in the language used in that Member State, or from the handling of customer relations such as by providing customer service in the language generally used in that Member State. The mere availability of a service in a Member State should not be considered as a proactive offering of a service by the provider. A substantial connection should also be assumed where a service provider directs its activities to one or more Member State as set out in Article 17(1)(c) of Regulation (EU) 1215/2012 of the European Parliament and of the Council27 . On the other hand, mere technical accessibility of a website from the Union or the use of an international language of more than 100 Million native speakers cannot, on thatose ground alone, be considered as establishing a substantial connection to the Union. __________________ 27 Regulation (EU) No 1215/2012 of the European Parliament and of the Council of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (OJ L351, 20.12.2012, p.1). (The exact number which equals significant should be fixed during negotiations)
Amendment 214 #
2020/0361(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) This Regulation should complement, yet not affect the application of rules resulting from other acts of Union law regulating certain aspects of the provision of intermediary services, in particular Directive 2000/31/EC, with the exception of those changes introduced by this Regulation, Directive 2010/13/EU of the European Parliament and of the Council as amended,28 and Regulation (EU) …/.. of the European Parliament and of the Council29 – proposed Terrorist Content Online Regulation. Therefore, this Regulation leaves those other acts, among others, which are to be considered lex specialis in relation to the generally applicable framework set out in this Regulation, unaffected. However, the rules of this Regulation apply in respect of issues that are not or not fully addressed by those other acts as well as issues on which those other acts leave Member States the possibility of adopting certain measures at national level. To assist Member States and providers, the Commission should provide guidelines as to how to interpret the interaction between different Union acts and how to prevent any duplication of requirements on providers or potential conflicts in the interpretation of similar requirements. __________________ 28 Directive 2010/13/EU of the European Parliament and of the Council of 10 March 2010 on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the provision of audiovisual media services (Audiovisual Media Services Directive) (Text with EEA relevance), OJ L 95, 15.4.2010, p. 1 . 29Regulation (EU) …/.. of the European Parliament and of the Council – proposed Terrorist Content Online Regulation
Amendment 219 #
2020/0361(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) For reasons of clarity, it should also be specified that this Regulation is without prejudice to Regulation (EU) 2019/1148 of the European Parliament and of the Council30 and Regulation (EU) 2019/1150 of the European Parliament and of the Council,31 , Directive 2002/58/EC of the European Parliament and of the Council32 and Regulation […/…] on temporary derogation from certain provisions of Directive 2002/58/EC33 as well as Union law on consumer protection, in particular Directive 2005/29/EC of the European Parliament and of the Council34 , Directive 2011/83/EU of the European Parliament and of the Council.35 Directive (EU) 2019/882 of the European Parliament and of the Council, and Directive 93/13/EEC of the European Parliament and of the Council36 , as amended by Directive (EU) 2019/2161 of the European Parliament and of the Council37 , and on the protection of personal data, in particular Regulation (EU) 2016/679 of the European Parliament and of the Council.38 The protection of individuals with regard to the processing of personal data is solely governed by the rules of Union law on that subject, in particular Regulation (EU) 2016/679 and Directive 2002/58/EC. This Regulation is also without prejudice to the rules of Union law on working conditions. __________________ 30Regulation (EU) 2019/1148 of the European Parliament and of the Council on the marketing and use of explosives precursors, amending Regulation (EC) No 1907/2006 and repealing Regulation (EU) No 98/2013 (OJ L 186, 11.7.2019, p. 1). 31 Regulation (EU) 2019/1150 of the European Parliament and of the Council of 20 June 2019 on promoting fairness and transparency for business users of online intermediation services (OJ L 186, 11.7.2019, p. 57). 32Directive 2002/58/EC of the European Parliament and of the Council of 12 July 2002 concerning the processing of personal data and the protection of privacy in the electronic communications sector (Directive on privacy and electronic communications), OJ L 201, 31.7.2002, p. 37. 33Regulation […/…] on temporary derogation from certain provisions of Directive 2002/58/EC. 34Directive 2005/29/EC of the European Parliament and of the Council of 11 May 2005 concerning unfair business-to- consumer commercial practices in the internal market and amending Council Directive 84/450/EEC, Directives 97/7/EC, 98/27/EC and 2002/65/EC of the European Parliament and of the Council and Regulation (EC) No 2006/2004 of the European Parliament and of the Council (‘Unfair Commercial Practices Directive’) 35Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights, amending Council Directive 93/13/EEC and Directive 1999/44/EC of the European Parliament and of the Council and repealing Council Directive 85/577/EEC and Directive 97/7/EC of the European Parliament and of the Council. 36Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts. 37Directive (EU) 2019/2161 of the European Parliament and of the Council of 27 November 2019 amending Council Directive 93/13/EEC and Directives 98/6/EC, 2005/29/EC and 2011/83/EU of the European Parliament and of the Council as regards the better enforcement and modernisation of Union consumer protection rules 38Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 4.5.2016, p. 1).
Amendment 225 #
2020/0361(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) In order to achieve the objective of ensuring a safe, predictable and trusted online environment, for the purpose of this Regulation the concepts of “illegal content” and “illegal goods” should underpin the general idea that what is illegal offline should also be illegal online. The concepts should be defined broadly and alsto covers information relating to illegal content, products, services and activities. In particular, thate concepts should be understood to refer to information, irrespective of its form, that under the applicable law is either itself illegal, such as illegal hate speech or terrorist content and unlawful discriminatory content, or that is not in compliance with Union law since it relates to activities that are illegal, such as the sharing of images depicting child sexual abuse, unlawful non- consensual sharing of private images, online stalking, the sale of non-compliant or counterfeit products, the non-authorised use of copyright protected material or activities involvingsale of products or the provision of services in infringements of consumer protection law, the non-authorised use of copyright protected material. In this regard, it is immaterial whether the illegality of the information or activity results from Union law or from national law that is consistent with Union law and what the precise nature or subject matter is of the law in question.
Amendment 227 #
2020/0361(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) In order to achieve the objective of ensuring a safe, predictable and trusted online environment, for the purpose of this Regulation the concept of “illegal content” should be defined broadly and also covers information relating to illegal content, products, services and activities. In particular, that concept should be understood to refer to information, irrespective of its form, that under the applicable lawUnion or national law as a result of its display on an intermediary service is either itself illegal, such as illegal hate speech or terrorist content and unlawful discriminatory content, or that relates to activities that are illegaldue to its direct connection to or promotion of an illegal activity, such as the sharing of images depicting child sexual abuse, unlawful non- consensual sharing of private images, online stalking, the sale of non- compliant or counterfeit products, illegal trading of animals, plants and substances, the non-authorised use of copyright protected material or activities involving infringements of consumer protection law. In this regard, it is immaterial whether the illegality of the information or activity results from Union law or from national law that is consistent with Union law and what the precise nature or subject matter is of the law in question.
Amendment 242 #
2020/0361(COD)
Proposal for a regulation
Recital 13 a (new)
Recital 13 a (new)
(13a) Additionally in order to avoid imposing obligations simultaneously on two providers for the same content, a hosting service should only be deemed an online platform when it has a direct relationship with the recipient of the service. A hosting provider who is acting as the infrastructure for an online platform should not be considered as an online platform based on this relationship, where it implements the decisions of the online platform and its user indirectly.
Amendment 243 #
2020/0361(COD)
Proposal for a regulation
Recital 13 b (new)
Recital 13 b (new)
(13b) For the purpose of this Regulation, a cloud computing service should not considered as an ‘online platform’ where allowing the dissemination of hyperlinks to a specific content is a minor and ancillary feature. Moreover a cloud computing service when serving as infrastructure, for example as the underlining infrastructural storage and computing services of an internet- based application or online platform, should not in itself be seen as disseminating to the public information stored or processed at the request of a recipient of an application or online platform which it hosts.
Amendment 248 #
2020/0361(COD)
Proposal for a regulation
Recital 14
Recital 14
(14) The concept of ‘dissemination to the public’, as used in this Regulation, should entail the making available of information to a potentially unlimited number of persons, that is, making the information easily accessible to users in general without further action by the recipient of the service providing the information being required, irrespective of whether those persons actually access the information in question. The mere possibility to create groups of users of a given service should not, in itself, be understood to mean that the information disseminated in that manner is not disseminated to the public. However, the concept should exclude dissemination of information within closed groups consisting of a finite number of pre- determined persons. Interpersonal communication services, as defined in Directive (EU) 2018/1972 of the European Parliament and of the Council,39 such as emails or private messaging services, fall outsideing within the scope of this Regulation should not be seen as disseminating to the public. Information should be considered disseminated to the public within the meaning of this Regulation only where that occurs upon the direct request by the recipient of the service that provided the information. Where multiple providers are involved in the dissemination of an information to the public, the obligations related to that disseminated should lay with the outward facing provider closest in relations to the accessibility by the end user recipient of the final service __________________ 39Directive (EU) 2018/1972 of the European Parliament and of the Council of 11 December 2018 establishing the European Electronic Communications Code (Recast), OJ L 321, 17.12.2018, p. 36
Amendment 262 #
2020/0361(COD)
Proposal for a regulation
Recital 18
Recital 18
(18) The exemptions from liability established in this Regulation should not apply where, instead of confining itself to providing the services neutrally, by a merely technical and automatic processing of the information provided by the recipient of the service, the provider of intermediary services plays an active role of such a kind as to give it knowledge of, or control over, that information. The mere ranking or displaying in an order, or the use of a recommender system should not, however, be deemed as having control over an information. Those exemptions should accordingly not be available in respect of liability relating to information provided not by the recipient of the service but by the provider of intermediary service itself, including where the information has been developed under the editorial responsibility of that provider.
Amendment 269 #
2020/0361(COD)
Proposal for a regulation
Recital 21
Recital 21
(21) A provider should be able to benefit from the exemptions from liability for ‘mere conduit’ and for ‘caching’ services when it is in no way involved with the information transmitted. This requires, among other things, that the provider does not modify the information that it transmits. However, this requirement should not be understood to cover manipulations of a technical nature which take place in the course of the transmission, as such manipulations do not alter the integrity of the information transmitted. It also should not be understood to cover the ranking or sorting of information to make it accessible to a user or actions required to ensure the security of the transmissions.
Amendment 273 #
2020/0361(COD)
Proposal for a regulation
Recital 22
Recital 22
(22) In order to benefit from the exemption from liability for hosting services, the provider should, upon obtaining actual knowledge or awareness of illegal content, act expeditiously to remove or to disable access to that content. The removal or disabling of access should be undertaken in the observance of the principle of freedom of expression. The provider can obtain such actual knowledge or awareness through, in particular, its own-initiative investigations or notices submitted to it by individuals or entities in accordance with this Regulation in so far as those notices are sufficiently precise and adequately substantiated to allow a diligent economic operator to reasonably identify, assess and where appropriate act against the allegedly illegal content. As long as providers act upon obtaining actual knowledge, providers should maintain the exemptions from liability referred to in article 3, 4, and 5, even when under taking voluntary own-initiative investigations or actions in line with Article 27.
Amendment 285 #
2020/0361(COD)
Proposal for a regulation
Recital 23
Recital 23
(23) In order to ensure the effective protection of consumers when engaging in intermediated commercial transactions online, certain providers of hosting services, namely, online marketplaces which are online platforms that allow consumers to conclude distance contracts with traders on the online platform itself, should not be able to benefit from the exemption from liability for hosting service providers established in this Regulation, in so far as those online platformmarketplaces present the relevant information relating to the transactions at issue in such a way that it leads consumers to believe that the information was provided by those online platforms themselves or by recipients of the service acting under their authority or control, and that those online platforms thus have knowledge of or control over the information, even if that may in reality not be the case. This may include the storage, packing and shipment of a good from a warehouse under the control of the online marketplace. In that regard, is should be determined objectively, on the basis of all relevant circumstances, whether the presentation could lead to such a belief on the side of an average and reasonably well- informed consumer.
Amendment 298 #
2020/0361(COD)
Proposal for a regulation
Recital 25
Recital 25
(25) In order to create legal certainty and not to discourage activities aimed at detecting, identifying and acting against illegal content that providers of intermediary services may undertake on a voluntary basis, it should be clarified that the mere fact that providers undertake such activities does not lead to the unavailability of the exemptions from liability set out in this Regulation, provided those activities are carried out in good faith and in a diligent manner. Similarly, measures taken to enforce a provider's terms and conditions should not lead to the unavailability of the exemptions. In addition, it is appropriate to clarify that the mere fact that those providers take measures, in good faith, to comply with the requirements of Union law, including those set out in this Regulation as regards the implementation of their terms and conditions, should not lead to the unavailability of those exemptions from liability. Therefore, any such activities and measures that a given provider may have taken in order to detect, identify and act against illegal content on a voluntary basis or to enforce a provider's terms and conditions and the transparency reporting related to those actions should not be taken into account when determining whether the provider can rely on an exemption from liability, in particular as regards whether the provider provides its service neutrally and can therefore fall within the scope of the relevant provision, without this rule however implying that the provider can necessarily rely thereon.
Amendment 309 #
2020/0361(COD)
Proposal for a regulation
Recital 27
Recital 27
(27) Since 2000, new technologies have emerged that improve the availability, efficiency, speed, reliability, capacity and security of systems for the transmission and storage of data online, leading to an increasingly complex online ecosystem. In this regard, it should be recalled that providers of services establishing and facilitating the underlying logical architecture and proper functioning of the internet, including technical auxiliary functions, can also benefit from the exemptions from liability set out in this Regulation, to the extent that their services qualify as ‘mere conduits’, ‘caching’ or hosting services. Such services include, as the case may be and among others, wireless local area networks, domain name system (DNS) services, top–level domain name registries, certificate authorities that issue digital certificates, Virtual Private Networks, or content delivery networks, that enable or improve the functions of other providers of intermediary services. Likewise, services used for communications purposes, and the technical means of their delivery, have also evolved considerably, giving rise to online services such as Voice over IP, messaging services and web-based e-mail services, where the communication is delivered via an internet access service. Those services, too, can benefit from the exemptions from liability, to the extent that they qualify as ‘mere conduit’, ‘caching’ or hosting service.
Amendment 311 #
2020/0361(COD)
Proposal for a regulation
Recital 27 a (new)
Recital 27 a (new)
(27a) A single webpage or website may include elements that qualify differently between ‘mere conduit’, ‘caching’ or hosting services and the rules for exemptions from liability should apply to each accordingly. For example, a search engine may act solely as a ‘caching’ service as to information included in the results of an inquiry. Elements displayed alongside those results, such as online advertisements, would however still meet the standard of a hosting service.
Amendment 312 #
2020/0361(COD)
Proposal for a regulation
Recital 28
Recital 28
(28) Providers of intermediary services should not be subject to a monitoring obligation with respect to obligations of a general nature. This does not concern monitoring obligations in a specific case, where set down in Union acts and, in particular, does not affect orders by national authorities in accordance with national legislation that implements Union acts, in accordance with the conditions established in this Regulation and other Union law regarded as lex specialis. Nothing in this Regulation should be construed as an imposition of a general monitoring obligation or active fact-finding obligation, or as a general obligation for providers to take proactive measures to relation to illegal content. Equally, nothing in this Regulation should prevent providers from enacting end-to-end encrypting of their services.
Amendment 324 #
2020/0361(COD)
Proposal for a regulation
Recital 29
Recital 29
(29) Depending on the legal system of each Member State and the field of law at issue, national judicial or administrative authorities may order providers of intermediary services to act against certain specific items of illegal content or to provide certain specific items of information. The national laws on the basis of which such orders are issued differ considerably and the orders are increasingly addressed in cross-border situations. In order to ensure that those orders can be complied with in an effective and efficient manner, so that the public authorities concerned can carry out their tasks and the providers are not subject to any disproportionate burdens, without unduly affecting the rights and legitimate interests of any third parties, it is necessary to set certain conditions that those orders should meet and certain complementary requirements relating to the effective processing of those orders.
Amendment 327 #
2020/0361(COD)
Proposal for a regulation
Recital 30
Recital 30
(30) Orders to act against illegal content or to provide information should be issued in compliance with Union law, in particular Regulation (EU) 2016/679 and the prohibition of general obligations to monitor information or to actively seek facts or circumstances indicating illegal activity laid down in this Regulation. The conditions and requirements laid down in this Regulation which apply to orders to act against illegal content are without prejudice to other Union acts providing for similar systems for acting against specific types of illegal content, such as Regulation (EU) …/…. [proposed Regulation addressing the dissemination of terrorist content online], or Regulation (EU) 2017/2394 that confers specific powers to order the provision of information on Member State consumer law enforcement authorities, whilst the conditions and requirements that apply to orders to provide information are without prejudice to other Union acts providing for similar relevant rules for specific sectors. Those conditions and requirements should be without prejudice to retention and preservation rules under applicable national law, in conformity with Union law and confidentiality requests by law enforcement authorities related to the non- disclosure of information. Nevertheless, the same relevant protections for providers and users granted in the Regulation (EU) …/…. [proposed Regulation addressing the dissemination of terrorist content online] should be provided here in order to ensure equivalent rules and protections for all types of content and information covered by such orders. This includes the ability of a provider to challenge an order before its Digital Services Coordinator of establishment and to seek a decision as to the effect to be given to the order. Digital Services Coordinator of establishment should be able to take a decision to suspend or limit the application of the order, where it views it as in conflict with Union or its national law.
Amendment 332 #
2020/0361(COD)
Proposal for a regulation
Recital 31
Recital 31
(31) The territorial scope of such orders to act against illegal content should be clearly set out on the basis of the applicable Union or national law enabling the issuance of the order and should not exceed what is strictly necessary to achieve its objectives. In that regard, the national judicial or administrative authority issuing the order should balance the objective that the order seeks to achieve, in accordance with the legal basis enabling its issuance, with the rights and legitimate interests of all third parties that may be affected by the order, in particular their fundamental rights under the Charter. In addition, where the order referring to the specific information may have effects beyond the territory of the Member State of the authority concerned, the authority should assess whether the information at issue is likely to constitute manifestly illegal content in the majority of other Member States concerned and if the content is illegal within the Member State of establishment of a hosting provider and, where relevant, take account of the relevant rules of national, Union law or international law and the interests of international comity.
Amendment 338 #
2020/0361(COD)
Proposal for a regulation
Recital 33
Recital 33
(33) Orders to act against illegal content and to provide information are subject to the rules safeguarding the competence of the Member State where the service provider addressed is established and laying down possible derogations from that competence in certain cases, set out in Article 3 of Directive 2000/31/EC, only if the conditions of that Article are met. Given that the orders in question relate to specific items of illegal content and information as defined in Union or national law, respectively, where they are addressed to providers of intermediary services established in another Member State, they do not in principle restrict those providers’ freedom to provide their services across borders. Therefore, the rules set out in Article 3 of Directive 2000/31/EC, including those regarding the need to justify measures derogating from the competence of the Member State where the service provider is established on certain specified grounds and regarding the notification of such measures, do not apply in respect of those orders. Article 3 of Directive 200/31/EC, however, continues to apply to any other orders related to non-specific individual items of illegal or legal content or information, general orders related to geoblocking of whole websites, webpages, or domains and any other matter which could be seen as restricting the freedom to provide their service across border.
Amendment 351 #
2020/0361(COD)
Proposal for a regulation
Recital 35
Recital 35
(35) In that regard, it is important that the due diligence obligations are adapted to the type and nature of the intermediary service concerned. This Regulation therefore sets out basic obligations applicable to all providers of intermediary services, as well as additional obligations for providers of hosting services and, more specifically, online platforms and very large online platforms. To the extent that providers of intermediary services may fall within those different categories in view of the nature of their services and their size, they should comply with all of the corresponding obligations of this Regulation in relations to those services. Services that do not fall within those different categories should not be effected, even when provided by the same provider or under the same ownership structure. Those harmonised due diligence obligations, which should be reasonable and non-arbitrary, are needed to achieve the identified public policy concerns, such as safeguarding the legitimate interests of the recipients of the service, addressing illegal practices and protecting fundamental rights online.
Amendment 354 #
2020/0361(COD)
Proposal for a regulation
Recital 35 a (new)
Recital 35 a (new)
(35a) Similarly, in order to ensure that the obligations are only applied to those providers of intermediary services where the benefit would outweigh the burden on the provider, the Commission should be empowered to issue a waiver to the requirements of Chapter III, in whole or in parts, to those providers of intermediary services that are non-for- profit or equivalent and serve a manifestly positive role in the public interest, or are SMEs without any systemic risk related to illegal content. The providers should present justified reasons for why they should be issued a waiver. The Commission should examine such an application and has the authority to issue or revoke a waiver at any time. The Commission should maintain a public list of all waiver issued and their conditions containing a description on why the provider is justified a waiver.
Amendment 355 #
2020/0361(COD)
Proposal for a regulation
Recital 36
Recital 36
(36) In order to facilitate smooth and efficient communications relating to matters covered by this Regulation, providers of intermediary services should be required to establish a single point of contact and to publish relevant information relating to their point of contact, including the languages to be used in such communications. The point of contact can also be used by trusted flaggers and by professional entities which are under a specific relationship with the provider of intermediary services. This contact point maybe the same contact point as required under other Union acts. In contrast to the legal representative, the point of contact should serve operational purposes and should not necessarily have to have a physical location .
Amendment 359 #
2020/0361(COD)
Proposal for a regulation
Recital 37
Recital 37
(37) Providers of intermediary services that are established in a third country that offer services in the Union should designate a sufficiently mandated legal representative in the Union and provide information relating to their legal representatives, so as to allow for the effective oversight and, where necessary, enforcement of this Regulation in relation to those providers. It should be possible for the legal representative to also function as point of contact, provided the relevant requirements of this Regulation are complied with. Where providers of intermediary services that are established in a third country chooses not to do not, it becomes subject to the jurisdiction of all Member States, in accordance with Article 40(3).
Amendment 363 #
2020/0361(COD)
Proposal for a regulation
Recital 38
Recital 38
(38) Whilst the freedom of contract of providers of intermediary services should in principle be respected, it is appropriate to set certain rules on the content, application and enforcement of the terms and conditions of those providers in the interests of transparency, the protection of recipients of the service and the avoidance of unfair or arbitrary outcomes. At the same time, recipients should enter into such agreements willingly without any misleading or coercive tactics and therefore a ban on dark patterns should be introduced.
Amendment 368 #
2020/0361(COD)
Proposal for a regulation
Recital 38 a (new)
Recital 38 a (new)
(38a) While an additional requirement should apply to very large online platform, all providers should do a general self-assessment of potential risk related to their services, especially in relations with minors and should take voluntary mitigation measures where appropriate. In order to ensure that the provider undertakes these actions, Digital Services Coordinators may ask for proof.
Amendment 369 #
2020/0361(COD)
Proposal for a regulation
Recital 39
Recital 39
(39) To ensure an adequate level of transparency and accountability, providers of intermediary services should annually report, in accordance with the harmonised requirements contained in this Regulation, on the content moderation they engage in, including the measures taken as a result of the application and enforcement of their terms and conditions. However, so as to avoid disproportionate burdens, those transparency reporting obligations should not apply to providers that are micro- or small enterprises as defined in Commission Recommendation 2003/361/EC.40 which do not also qualify as very large online platforms. In any public versions of such reports, providers of intermediary services should remove any information that may prejudice ongoing activities for the prevention, detection, or removal of illegal content or content counter to a hosting provider’s terms and conditions. __________________ 40 Commission Recommendation 2003/361/EC of 6 May 2003 concerning the definition of micro, small and medium- sized enterprises (OJ L 124, 20.5.2003, p. 36).
Amendment 383 #
2020/0361(COD)
Proposal for a regulation
Recital 40 a (new)
Recital 40 a (new)
(40a) Nevertheless, notices should be directed to the actor that has the technical and operational ability to act and the closest relationship to the recipient of the service that provided the information or content, such as to an online platform and not to the hosting service provider on which provides services to that online platform. Such hosting service providers should redirect such notices to the particular online platform and inform the notifying party of this fact.
Amendment 384 #
2020/0361(COD)
Proposal for a regulation
Recital 40 b (new)
Recital 40 b (new)
(40b) Moreover, hosting providers should seek to act only against the items of information notified. This may include acts such as disabling hyperlinking to the items of information. Where the removal or disabling of access to individual items of information is technically or operationally unachievable due to legal, contractual, or technological reasons, such as encrypted file and data storage and sharing services, hosting providers should inform the recipient of the service of the notification and seek action. If a recipient fails to act or delays action, or the provider has reason to believe has failed to act or otherwise acts in bad faith, the hosting provider may suspend their service in line with their terms and conditions.
Amendment 387 #
2020/0361(COD)
Proposal for a regulation
Recital 41 a (new)
Recital 41 a (new)
(41a) Where a hosting service provider decides to remove or disable information provided by a recipient of the service, either because it is illegal or is not allowed under its terms and conditions, it should do so in a timely manner, taking into account the potential harm the infraction and the technical abilities of the provider. Information that could have a negative effect on minors, women and vulnerable users such as those with protected characteristics under Article 21 of the Charter should be seen as a matter requiring urgency.
Amendment 388 #
2020/0361(COD)
Proposal for a regulation
Recital 42
Recital 42
(42) Where a hosting service provider decides to remove or disable information provided by a recipient of the service, for instance following receipt of a notice or acting on its own initiative, including through the use of automated means, that have been proven to be efficient, proportionate and reliable, that provider should inform the recipient of its decision, the reasons for its decision and the available redress possibilities to contest the decision, in view of the negative consequences that such decisions may have for the recipient, including as regards the exercise of its fundamental right to freedom of expression. That obligation should apply irrespective of the reasons for the decision, in particular whether the action has been taken because the information notified is considered to be illegal content or incompatible with the applicable terms and conditions. Available recourses to challenge the decision of the hosting service provider should always include judicial redress. Such an statement, however, should not be required if it relates to spam, manifestly illegal content, removal of content similar or identical to content already removed from the same recipient who has already received a statement or where a provider of hosting service does not have the information necessary to inform the recipient by a durable medium.
Amendment 398 #
2020/0361(COD)
Proposal for a regulation
Recital 42 a (new)
Recital 42 a (new)
(42a) Due to the international nature of many providers of hosting services, many have already implemented similar requirements under the laws of third- party countries. In order to prevent a doubling of requirements and the removal of existing systems for recipients, the Commission should be empowered to declare these mechanisms as ensuring an adequate level of protection and fulfilling the requirements in Article 14 and Article 15.
Amendment 404 #
2020/0361(COD)
Proposal for a regulation
Recital 44
Recital 44
(44) Recipients of the service should be able to easily and effectively contest certain decisions of online platforms that negatively affect them. Therefore, online platforms should be required to provide for internal complaint-handling systems, which meet certain conditions aimed at ensuring that the systems are easily accessible and lead to swift and fair outcomes. In addition, provision should be made for the possibility of entering, in good faith, an out-of-court dispute settlement of disputes, including those that could not be resolved in satisfactory manner through the internal complaint-handling systems, by certified bodies located in either the Member State of the recipient or the provider and that have the requisite independence, means and expertise to carry out their activities in a fair, swift and cost- effective manner. The possibilities to contest decisions of online platforms thus created should complement, yet leave unaffected in all respects, the possibility to seek judicial redress in accordance with the laws of the Member State concerned.
Amendment 412 #
2020/0361(COD)
Proposal for a regulation
Recital 46
Recital 46
(46) Action against illegal content can be taken more quickly and reliably where online platforms take the necessary measures to ensure that notices submitted by trusted flaggers through the notice and action mechanisms required by this Regulation are treated with priority, without prejudice to the requirement to process and decide upon all notices submitted under those mechanisms in a timely, diligent and objective manner. Such trusted flagger status should normally only be awarded to non-governmental entities, and not individuals, that have demonstrated, among other things, that they have particular expertise and competence in tackling illegal content, that they represent collective interests and that they work in a diligent and objective manner. Such entities, however, can be public in nature for actions not related to intellectual property rights, such as, for terrorist content, internet referral units of national law enforcement authorities or of the European Union Agency for Law Enforcement Cooperation (‘Europol’) or they can be non-governmental organisations and semi- public bodies, such as the organisations part of the INHOPE network of hotlines for reporting child sexual abuse material and organisations committed to notifying illegal racist and xenophobic expressions online. For intellectual property rights, non- governmental organisations of industry and of right- holders could be awarded trusted flagger status, where they have demonstrated that they meet the applicable conditions. The rules of this Regulation on trusted flaggers should not be understood to prevent online platforms from giving similar treatment to notices submitted by entities or individuals that have not been awarded trusted flagger status under this Regulation, from otherwise cooperating with other entities, in accordance with the applicable law, including this Regulation and Regulation (EU) 2016/794 of the European Parliament and of the Council.43 __________________ 43Regulation (EU) 2016/794 of the European Parliament and of the Council of 11 May 2016 on the European Union Agency for Law Enforcement Cooperation (Europol) and replacing and repealing Council Decisions 2009/371/JHA, 2009/934/JHA, 2009/935/JHA, 2009/936/JHA and 2009/968/JHA, OJ L 135, 24.5.2016, p. 53
Amendment 422 #
2020/0361(COD)
Proposal for a regulation
Recital 47
Recital 47
(47) The misuse of services of online platforms by frequently providing manifestly illegal content or by frequently submitting manifestly unfounded notices or complaints under the mechanisms and systems, respectively, established under this Regulation undermines trust and harms the rights and legitimate interests of the parties concerned. Therefore, there is a need to put in place appropriate and, proportionate and effective safeguards against such misuse. Information should be considered to be manifestly illegal content and notices or complaints should be considered manifestly unfounded where it is evident to a layperson, without any substantive analysis, that the content is illegal respectively that the notices or complaints are unfounded. Under certain conditions, online platforms should temporarily suspend their relevant activities in respect of the person engaged in abusive behaviour. This is without prejudice to the freedom by online platforms to determine their terms and conditions and establish stricter measures in the case of manifestly illegal content related to serious crimes. For reasons of transparency, this possibility should be set out, clearly and in sufficiently detail, in the terms and conditions of the online platforms. Redress should always be open to the decisions taken in this regard by online platforms and they should be subject to oversight by the competent Digital Services Coordinator. The rules of this Regulation on misuse should not prevent online platforms from taking other measures to address the provision of illegal content by recipients of their service or other misuse of their services, in accordance with the applicable Union and national law. Those rules are without prejudice to any possibility to hold the persons engaged in misuse liable, including for damages, provided for in Union or national law.
Amendment 426 #
2020/0361(COD)
Proposal for a regulation
Recital 48
Recital 48
(48) An online platform may in some instances become aware, such as through a notice by a notifying party or through its own voluntary measures, of information relating to certain activity of a recipient of the service, such as the provision of certain types of illegal content, that reasonably justify, having regard to all relevant circumstances of which the online platform is aware, the suspicion that the recipient may have committed, may be committing or is likely to commit a serious criminal offence involving a an imminent threat to the life or safety of person, notably when it concerns vulnerable users, such as offences specified in Directive 2011/93/EU of the European Parliament and of the Council44 . In such instances, the online platform should inform without delay the competent law enforcement authorities of such suspicion, providing upon request all relevant information available to it, including where relevant the content in question and an explanation of its suspicion and unless instructed otherwise, should remove or disable the content. This Regulation does not provide the legal basis for profiling of recipients of the services with a view to the possible identification of criminal offences by online platforms. Online platforms should also respect other applicable rules of Union or national law for the protection of the rights and freedoms of individuals when informing law enforcement authorities. __________________ 44Directive 2011/93/EU of the European Parliament and of the Council of 13 December 2011 on combating the sexual abuse and sexual exploitation of children and child pornography, and replacing Council Framework Decision 2004/68/JHA (OJ L 335, 17.12.2011, p. 1).
Amendment 435 #
2020/0361(COD)
Proposal for a regulation
Recital 49
Recital 49
(49) In order to contribute to a safe, trustworthy and transparent online environment for consumers, as well as for other interested parties such as competing traders and holders of intellectual property rights, and to deter traders from selling products or services in violation of the applicable rules, online platforms allowing consumers to conclude distance contracts with tradermarketplaces should ensure that such traders are traceable. The trader should therefore be required to provide certain essential information to the online platform, including for purposes of promoting messages on or offering products. That requirement should also be applicable to traders that promote messages on products or services on behalf of brands, based on underlying agreements. Those online platformmarketplaces should store all information in a secure manner for a reasonable period of time that does not exceed what is necessary and no longer than six months after the end of a relationship with the trader, so that it can be accessed, in accordance with the applicable law, including on the protection of personal data, by public authorities and private parties with a legitimate direct interest, including through the orders to provide information referred to in this Regulation.
Amendment 446 #
2020/0361(COD)
Proposal for a regulation
Recital 50
Recital 50
(50) To ensure an efficient and adequate application of that obligation, without imposing any disproportionate burdens, the online platformmarketplaces covered should make reasonable efforts to verify the reliability of the information provided by the traders concerned, in particular by using freely available official online databases and online interfaces, such as national trade registers and the VAT Information Exchange System45 , or by requesting the traders concerned to provide trustworthy supporting documents, such as copies of identity documents, certified bank statements, company certificates and trade register certificates. They may also use other sources, available for use at a distance, which offer a similar degree of reliability for the purpose of complying with this obligation. However, the online platformmarketplaces covered should not be required to engage in excessive or costly online fact-finding exercises or to carry out verifications on the spot. Nor should such online platformmarketplaces, which have made the reasonable effortefforts to the best of their ability as required by this Regulation, be understood as guaranteeing the reliability of the information towards consumer or other interested parties. Such online platformmarketplaces should also design and organise their online interface in an user- friendly way that enables traders to comply with their obligations under Union law, in particular the requirements set out in Articles 6 and 8 of Directive 2011/83/EU of the European Parliament and of the Council46 , Article 7 of Directive 2005/29/EC of the European Parliament and of the Council47 and Article 3 of Directive 98/6/EC of the European Parliament and of the Council48 . __________________ 45 https://ec.europa.eu/taxation_customs/vies/ vieshome.do?selectedLanguage=en 46Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights, amending Council Directive 93/13/EEC and Directive 1999/44/EC of the European Parliament and of the Council and repealing Council Directive 85/577/EEC and Directive 97/7/EC of the European Parliament and of the Council 47Directive 2005/29/EC of the European Parliament and of the Council of 11 May 2005 concerning unfair business-to- consumer commercial practices in the internal market and amending Council Directive 84/450/EEC, Directives 97/7/EC, 98/27/EC and 2002/65/EC of the European Parliament and of the Council and Regulation (EC) No 2006/2004 of the European Parliament and of the Council (‘Unfair Commercial Practices Directive’) 48Directive 98/6/EC of the European Parliament and of the Council of 16 February 1998 on consumer protection in the indication of the prices of products offered to consumers
Amendment 448 #
2020/0361(COD)
Proposal for a regulation
Recital 50 a (new)
Recital 50 a (new)
(50a) The online interface of online marketplace should allow traders to provide the information referred to in Article 22a of this Regulation and any other information where needed and necessary to allow for the unequivocal identification of the product or the service, including labelling requirements, in compliance with legislation on product safety and product compliance. Providers of online marketplaces, when they become aware that a product or services is illegal, should inform recipients who have acquired the product or services through their marketplace of this fact and any possible redress.
Amendment 456 #
2020/0361(COD)
Proposal for a regulation
Recital 52
Recital 52
(52) Online advertisement plays an important role in the online environment, including in relation to the provision of the services of online platforms. However, online advertisement can contribute to significant risks, ranging from advertisement that is itself illegal content, to contributing to financial incentives for the publication or amplification of illegal or otherwise harmful content and activities online, or the discriminatory display of advertising with an impact on the equal treatment and opportunities of citizens. In addition to the requirements resulting from Article 6 of Directive 2000/31/EC, online platforms should therefore be required to ensure that the recipients of the service have certain individualised information necessary for them to understand when and on whose behalf the advertisement is displayed. In addition, recipients of the service should have an easy access to information on the main parameters used for determining that specific advertising is to be displayed to them, providing meaningful explanations of the logic used to that end, including when this is based on profiling. The requirements of this Regulation on the provision of information relating to advertisement is without prejudice to the application of the relevant provisions of Regulation (EU) 2016/679, in particular those regarding the right to object, automated individual decision- making, including profiling and specifically the need to obtain consent of the data subject prior to the processing of personal data for targeted advertising. Similarly, it is without prejudice to the provisions laid down in Directive 2002/58/EC in particular those regarding the storage of information in terminal equipment and the access to information stored therein.
Amendment 462 #
2020/0361(COD)
Proposal for a regulation
Recital 52 a (new)
Recital 52 a (new)
(52a) Very large online platforms using recommendation systems should be bound by the obligation to promote the reliability of information (due prominence obligation), by implementing mechanisms that refer to a self -regulatory standard, highlighting information sources that respect standardized professional and ethical self-regulatory standards, such platforms should in turn give them preferential treatment by prioritizing their content; a must-carry obligation should ensure that recommender systems display information from trustworthy sources, such as public authorities, scientific sources or public interest journalism as first results following search queries in areas of public interests;
Amendment 464 #
2020/0361(COD)
Proposal for a regulation
Recital 52 b (new)
Recital 52 b (new)
(52b) Providers of public interest journalism should be identified through voluntary, self-regulatory European standards or European standardisation deliverables as defined by Regulation (EU) No 1025/2012 of the European Parliament and of the Council ('technical standards'), transparently developed, governed and enforced and such standards must be based on internationally accepted best-practices and ethical norms;
Amendment 470 #
2020/0361(COD)
Proposal for a regulation
Recital 54
Recital 54
(54) Very large online platforms may cause societal risks, different in scope and impact from those caused by smaller platforms. Once the number of recipients of a platform reaches a significant share of the Union population, the systemic risks the platform poses have a disproportionately negative impact in the Union. Such significant reach should be considered to exist where the number of recipients exceeds an operational threshold set at 45 million, that is, a number equivalent to 10% of the Union population. The determination of this operational threshold, therefore, should only take into those recipients which are physical persons residing in the Union or physical persons acting on behalf of a legal person established in the Union. Automated bots, fake accounts, indirect hyperlinking, FTP or other indirect downloading of content should not be included in the determination of this threshold being exceed. The operational threshold should be kept up to date through amendments enacted by delegated acts, where necessary. Such very large online platforms should therefore bear the highest standard of due diligence obligations, proportionate to their societal impact and means.
Amendment 477 #
2020/0361(COD)
Proposal for a regulation
Recital 57
Recital 57
(57) Three categories of systemic risks should be assessed in-depth. A first category concerns the risks associated with the misuse of their service through the dissemination of illegal content, such as the dissemination of child sexual abuse material or illegal hate speech, and the conduct of illegal activities, such as the sale of products or services prohibited by Union or national law, including counterfeit products. For example, and without prejudice to the personal responsibility of the recipient of the service of very large online platforms for possible illegality of his or her activity under the applicable law, such dissemination or activities may constitute a significant systematic risk where access to such content may be amplified through accounts with a particularly wide reach. A second category concerns the impact of the service on the exercise of fundamental rights, as protected by the Charter of Fundamental Rights, including the freedom of expression and information, the right to private life, the right to non-discrimination and the rights of the child. Such risks may arise, for example, in relation to the design of the algorithmic systems used by the very large online platform or the misuse of their service through the submission of abusive notices or other methods for silencing speech or hampering competition or misuse the way platforms' terms and conditions, including content moderation policies, are enforced, often through automatic means. A third category of risks concerns the intentional and, oftentimes, coordinated manipulation of the platform’s service, with a foreseeable impact on health, fundamental rights, civic discourse, electoral processes, public security and protection of minors, having regard to the need to safeguard public order, protect privacy and fight fraudulent and deceptive commercial practices. Such risks may arise, for example, through the creation of fake accounts, the use of bots, and other automated or partially automated behaviours, which may lead to the rapid and widespread dissemination of information that is illegal content or incompatible with an online platform’s terms and conditions.
Amendment 482 #
2020/0361(COD)
Proposal for a regulation
Recital 58
Recital 58
(58) Very large online platforms should deploy the necessary means to diligently mitigate the systemic risks identified in the risk assessment. Very large online platforms should under such mitigating measures consider, for example, enhancing or otherwise adapting the design and functioning of their content moderation, algorithmic recommender systems and online interfaces, so that they discourage and limit the dissemination of illegal content, adapting their decision-making processes, or adapting their terms and conditionprevent the manipulation and exploitation of the service, including by the amplification of content which is counter to their terms and conditions, adapting their decision-making processes, or adapting their terms and conditions and content moderation policies and how those policies are enforced, while being fully transparent to the users. They may also include corrective measures, such as discontinuing advertising revenue for specific content, or other actions, such as improving the visibility of authoritative information sources, including by displaying related public service advertisements instead of other commercial advertisements. Very large online platforms may reinforce their internal processes or supervision of any of their activities, in particular as regards the detection of systemic risks. They may also initiate or increase cooperation with trusted flaggers, organise training sessions and exchanges with trusted flagger organisations, and cooperate with other service providers, including by initiating or joining existing codes of conduct or other self-regulatory measures. Any measures adopted should respect the due diligence requirements of this Regulation and be effective and appropriate for mitigating the specific risks identified, in the interest of safeguarding public order, protecting privacy and fighting fraudulent and deceptive commercial practices, and should be proportionate in light of the very large online platform’s economic capacity and the need to avoid unnecessary restrictions on the use of their service, taking due account of potential negative effects on the fundamental rights of the recipients of the service.
Amendment 499 #
2020/0361(COD)
Proposal for a regulation
Recital 63
Recital 63
(63) Advertising systems used by very large online platforms pose particular risks and require further public and regulatory supervision on account of their scale and ability to target and reach recipients of the service based on their behaviour within and outside that platform’s online interface. Very large online platforms should ensure public access to repositories of advertisements displayed on their online interfaces to facilitate supervision and research into emerging risks brought about by the distribution of advertising online, for example in relation to illegal advertisements or manipulative techniques and disinformation with a real and foreseeable negative impact on public health, public security, civil discourse, political participation and equality. Repositories should include the content of advertisements and related data on the advertiser and the delivery of the advertisement, in particular where targeted advertising is concerned. In addition, very large online platforms should label any known deep fake videos, audio or other files.
Amendment 504 #
2020/0361(COD)
Proposal for a regulation
Recital 64
Recital 64
(64) In order to appropriately supervise the compliance of very large online platforms with the obligations laid down by this Regulation, the Digital Services Coordinator of establishment or the Commission may require access to or reporting of specific data. Such a requirement may include, for example, the data necessary to assess the risks and possible harms brought about by the platform’s systems, data on the accuracy, functioning and testing of algorithmic systems for content moderation, recommender systems or advertising systems, or data on processes and outputs of content moderation or of internal complaint-handling systems within the meaning of this Regulation. Investigations by researchers on the evolution and severity of online systemic risks are particularly important for bridging information asymmetries and establishing a resilient system of risk mitigation, informing online platforms, Digital Services Coordinators, other competent authorities, the Commission and the public. This Regulation therefore provides a framework for compelling access to data from very large online platforms to vetted researchers, which mean the conditions set down in this Regulation. All requirements for access to data under that framework should be proportionate and appropriately protect the rights and legitimate interests, including trade secrets and other confidential information, of the platform and any other parties concerned, including the recipients of the service.
Amendment 509 #
2020/0361(COD)
Proposal for a regulation
Recital 65 a (new)
Recital 65 a (new)
(65a) Any change on the recommender systems used by platforms to suggest, rank and prioritise information can have a dramatic impact on the users, in particular on the media that widely rely on platforms to be accessible to their audience; consequently, providers of online platforms should be transparent about any changes operated in their referencing and recommendation rules, even if made on an experimental basis, and immediately inform the regulators, their users and the authors of referenced content, allowing these changes to be predictable to those affected by them; users should be able to refer to the regulator asking it to give its opinion on the negative impact of changes in the referencing and recommendation rules, allowing it to require the platform to remedy this impact.
Amendment 511 #
2020/0361(COD)
Proposal for a regulation
Recital 66
Recital 66
(66) To facilitate the effective and consistent application of the obligations in this Regulation that may require implementation through technological means, it is important to promote voluntary industry standards covering certain technical procedures, where the industry can help develop standardised means to comply with this Regulation, such as allowing the submission of notices, including through application programming interfaces, or about the interoperability of advertisement repositories. Such standards could in particular be useful for relatively small providers of intermediary services. The standards could distinguish between different types of illegal content or different types of intermediary services, as appropriate. However, where no voluntary industry standard is agreed and the Commission finds that the application of this Regulation by providers is significantly divergent, the Commission should be empowered to adopt delegated acts where needed until a voluntary industry standard is agreed.
Amendment 528 #
2020/0361(COD)
Proposal for a regulation
Recital 69
Recital 69
(69) The rules on codes of conduct under this Regulation could serve as a basis for already established self-regulatory efforts at Union level, including the Product Safety Pledge, the Memorandum of Understanding against counterfeit goods, the Code of Conduct against illegal hate speech as well as the Code of practice on disinformation. In particular for the latter, since the Commission willhas issued guidance for strengthening the Code of practice on disinformation as announced in the European Democracy Action Plan in May 2021.
Amendment 541 #
2020/0361(COD)
Proposal for a regulation
Recital 76
Recital 76
(76) In the absence of a general requirement for providers of intermediary services to ensure a physical presence within the territory of one of the Member States, there is a need to ensure clarity under which Member State's jurisdiction those providers fall for the purposes of enforcing the rules laid down in Chapters III and IV and Article 8 and 9 by the national competent authorities. A provider should be under the jurisdiction of the Member State where its main establishment is located, that is, where the provider has its head office or registered office within which the principal financial functions and operational control are exercised. In respect of providers that do not have an establishment in the Union but that offer services in the Union and therefore fall within the scope of this Regulation, the Member State where those providers appointed their legal representative should have jurisdiction, considering the function of legal representatives under this Regulation. In the interest of the effective application of this Regulation, all Member States should, however, have jurisdiction in respect of providers that failed to designate a legal representative, provided that the principle of ne bis in idem is respected. To that aim, each Member State that exercises jurisdiction in respect of such providers should, without undue delay, inform all other Member States of the measures they have taken in the exercise of that jurisdiction.
Amendment 542 #
2020/0361(COD)
Proposal for a regulation
Recital 78
Recital 78
(78) Member States should set out in their national law, in accordance with Union law and in particular this Regulation and the Charter, the detailed conditions and limits for the exercise of the investigatory and enforcement powers of their Digital Services Coordinators, and other competent authorities where relevant, under this Regulation. In order to ensure coherence between the Member States, the Commission should adopt guidance on the procedures and rules related to the powers of Digital Services Coordinators.
Amendment 549 #
2020/0361(COD)
Proposal for a regulation
Recital 85
Recital 85
(85) Where a Digital Services Coordinator requests another Digital Services Coordinator to take action, the requesting Digital Services Coordinator, or the Board in case it issued a recommendation to assess issues involving more than threefour Member States, should be able to refer the matter to the Commission in case of any disagreement as to the assessments or the measures taken or proposed or a failure to adopt any measures. TIf the Commission believes that the Digital Services Coordinator of establishment has not at least partially addressed the request or has not fully justified its decision to not address the request, the Commission, on the basis of the information made available by the concerned authorities, should accordingly be able to request the competent Digital Services Coordinator to re-assess the matter and take the necessary measures to ensure compliance within a defined time period. This possibility is without prejudice to the Commission’s general duty to oversee the application of, and where necessary enforce, Union law under the control of the Court of Justice of the European Union in accordance with the Treaties. A failure by the Digital Services Coordinator of establishment to take any measures pursuant to such a request may also lead to the Commission’s intervention under Section 3 of Chapter IV of this Regulation, where the suspected infringer is a very large online platform.
Amendment 552 #
2020/0361(COD)
Proposal for a regulation
Recital 86
Recital 86
(86) In order to facilitate cross-border supervision and investigations involving several Member States, the Digital Services Coordinators should be able to participate, on a permanent or temporary basis, in joint oversight and investigation activities concerning matters covered by this Regulation and under the authority of the Digital Services Coordinator of the Member State of establishment. Those activities may include other competent authorities and may cover a variety of issues, ranging from coordinated data gathering exercises to requests for information or inspections of premises, within the limits and scope of powers available to each participating authority. The Board may be requested to provide advice in relation to those activities, for example by proposing roadmaps and timelines for activities or proposing ad-hoc task-forces with participation of the authorities involved.
Amendment 557 #
2020/0361(COD)
Proposal for a regulation
Recital 88
Recital 88
(88) In order to ensure a consistent application of this Regulation, it is necessary to set up an independent advisory group at Union level and with legal personality, which should support the Commission and help coordinate the actions of Digital Services Coordinators. That European Board for Digital Services should consist of the Digital Services Coordinators, without prejudice to the possibility for Digital Services Coordinators to invite in its meetings or appoint ad hoc delegates from other competent authorities entrusted with specific tasks under this Regulation, where that is required pursuant to their national allocation of tasks and competences. In case of multiple participants from one Member State, the voting right should remain limited to one representative per Member Statethe Member State´s Digital Services Coordinator.
Amendment 578 #
2020/0361(COD)
Proposal for a regulation
Recital 97 a (new)
Recital 97 a (new)
(97a) The Commission should ensure that it is independent and impartial in its decision making in regards to both Digital Services Coordinators and providers of services under this Regulation.
Amendment 579 #
2020/0361(COD)
Proposal for a regulation
Recital 98
Recital 98
(98) In view of both the particular challenges that may arise in seeking to ensure compliance by very large online platforms and the importance of doing so effectively, considering their size and impact and the harms that they may cause, the Commission should have strong investigative and enforcement powers to allow it to investigate, enforce and monitor certain of the rules laid down in this Regulation, in full respect of the principle of proportionality and the rights and interests of the affected parties, including the right to challenge any investigative requests before a judicial authority within the Member State of establishment.
Amendment 585 #
2020/0361(COD)
Proposal for a regulation
Recital 99
Recital 99
(99) In particular, the Commission, where it can show grounds for believing that a very large online platform is not compliant with this Regulation, should have access to any relevant documents, data and information necessary to open and conduct investigations and to monitor the compliance with the relevant obligations laid down in this Regulation, irrespective of who possesses the documents, data or information in question, and regardless of their form or format, their storage medium, or the precise place where they are stored. The Commission should be able to directly require that the very large online platform concerned or relevant third parties, or than individuals, provide any relevant evidence, data and information related to those concerns. In addition, the Commission should be able to request any relevant information from any public authority, body or agency within the Member State, or from any natural person or legal person for the purpose of this Regulation. The Commission should be empowered to require access to, and explanations relating to, data-bases and algorithms of relevant persons, and to interview, with their consent, any persons who may be in possession of useful information and to record the statements made. The Commission should also be empowered to undertake such inspections as are necessary to enforce the relevant provisions of this Regulation. Those investigatory powers aim to complement the Commission’s possibility to ask Digital Services Coordinators and other Member States’ authorities for assistance, for instance by providing information or in the exercise of those powers.
Amendment 592 #
2020/0361(COD)
Proposal for a regulation
Recital 102
Recital 102
(102) In the interest of effectiveness and efficiency, in addition to the general evaluation of the Regulation, to be performed within five years of entry into force, after the initial start-up phase and on the basis of the first three years of application of this Regulation, the Commission should also perform an evaluation of the activities of the Board and on its structure. In addition, the Commission should carry out an assessment of any impact of the costs to European service providers of any similar requirements, including those of Article 11, introduced by third-party states and any new barriers to non-EU market access after the adoption of this Regulation. The Commission should also access the impact on the ability of European businesses and consumers to access and buy products and services from outside the Union.
Amendment 594 #
2020/0361(COD)
Proposal for a regulation
Recital 104
Recital 104
(104) In order to fulfil the objectives of this Regulation, the power to adopt acts in accordance with Article 290 of the Treaty should be delegated to the Commission to supplement this Regulation. In particular, delegated acts should be adopted in respect of criteria for identification of very large online platforms and of technical specifications for access requests. It is also equally important that when standardisation bodies are unable to agree the standards needed to implement this Regulation fully, that the Commission to choice to adopt delegated acts. It is of particular importance that the Commission carries out appropriate consultations and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement on Better Law-Making of 13 April 2016. In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States' experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts.
Amendment 595 #
2020/0361(COD)
Proposal for a regulation
Recital 105 a (new)
Recital 105 a (new)
(105a) This Regulation serves a horizontal framework to ensure the further strengthening and deepening the Digital Single Market and the internal market and therefore seeks to lay down rules and obligations which, unless specified, seek to be applicable to all providers without regards to individual models of operation. Individual models of operation are often addressed in different Union law regarded as lex specialis. In the case of any potential conflict between this Regulation and those Union acts, the principle of Lex specialis derogat legi generali should apply.
Amendment 608 #
2020/0361(COD)
Proposal for a regulation
Article 1 – paragraph 2 – point b
Article 1 – paragraph 2 – point b
(b) set out uniform harmonised rules for a safe, predictable, accessible and trusted online environment, where fundamental rights enshrined in the Charter are effectively protected.
Amendment 622 #
2020/0361(COD)
Proposal for a regulation
Article 1 – paragraph 3
Article 1 – paragraph 3
3. This Regulation shall apply to intermediary services directed at and provided to recipients of the service that have their place of establishment or residence in the Union, irrespective of the place of establishment of the providers of those services.
Amendment 623 #
2020/0361(COD)
Proposal for a regulation
Article 1 – paragraph 5 – introductory part
Article 1 – paragraph 5 – introductory part
5. This Rregulation and its exception of liability of digital operators is without any prejudice to and does not hinder future regulation of in the rules laid down by the following:
Amendment 625 #
2020/0361(COD)
Proposal for a regulation
Article 1 – paragraph 5 – point b
Article 1 – paragraph 5 – point b
(b) Directive 2010/13/ECU as amended by Directive 2018/1808/EU;
Amendment 631 #
2020/0361(COD)
Proposal for a regulation
Article 1 – paragraph 5 – point c
Article 1 – paragraph 5 – point c
(c) Union law on copyright and related rights, in particular Directive (EU) 2019/790 on Copyright and Related Rights in Digital Single Market;
Amendment 634 #
2020/0361(COD)
Proposal for a regulation
Article 1 – paragraph 5 – point h
Article 1 – paragraph 5 – point h
(h) Union law on consumer protection and product safety, including Regulation (EU) 2017/2394, Regulation (EU) 2019/1020 and Regulation XXX (General Product Safety Regulation);
Amendment 638 #
2020/0361(COD)
Proposal for a regulation
Article 1 – paragraph 5 – point i a (new)
Article 1 – paragraph 5 – point i a (new)
(ia) Directive (EU) 2019/882
Amendment 642 #
2020/0361(COD)
Proposal for a regulation
Article 1 – paragraph 5 a (new)
Article 1 – paragraph 5 a (new)
5a. The Commission shall by [within one year of the adoption of this Regulation] publish guidelines with regards to the relations between this Regulation and those legislative acts listed in Article 1(5). These guidelines shall clarify any potential conflicts between the conditions and obligations enlisted in these legislative acts and which act prevails where actions, in line with this Regulation, fulfil the obligations of another legislative act and which regulatory authority is competent.
Amendment 647 #
2020/0361(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point b
Article 2 – paragraph 1 – point b
(b) ‘recipient of the service’ means any natural or legal person who uses the relevant intermediary servic, for professional reasons or otherwise, uses the relevant intermediary service in particular for the purposes of seeking information or making it accessible;
Amendment 650 #
2020/0361(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point c
Article 2 – paragraph 1 – point c
(c) ‘consumer’ means any natural person who is acting for purposes which are outside his or her trade, business, craft, or profession;
Amendment 661 #
2020/0361(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point d – indent 1
Article 2 – paragraph 1 – point d – indent 1
— a significant number of useraverage monthly active recipients in one or more Member States; or
Amendment 664 #
2020/0361(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point d – indent 2
Article 2 – paragraph 1 – point d – indent 2
— the targeproactive directing of activities towards one or more Member States.
Amendment 667 #
2020/0361(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point e
Article 2 – paragraph 1 – point e
(e) ‘trader’ means any natural person, or any legal person irrespective of whether privately or publicly owned, who is acting, including through any person acting in his or her name or on his or her behalf, for purposes relating to his or her trade, business, craft or profession, irrespective of the legality of those actions;
Amendment 671 #
2020/0361(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point f – introductory part
Article 2 – paragraph 1 – point f – introductory part
(f) ‘intermediary service’ means one of the following information society services:
Amendment 673 #
2020/0361(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point f – indent 1
Article 2 – paragraph 1 – point f – indent 1
— a ‘mere conduit’ service that consists of the transmission in a communication network of information provided by a recipient of the service, or the provision of access to a communication network, including technical auxiliary functional services;
Amendment 695 #
2020/0361(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point h
Article 2 – paragraph 1 – point h
(h) ‘online platform’ means a provider of a hosting service which, at the request of a recipient of the service, with which it has a direct relationship stores and disseminates to the public information, unless that activity is a minor and purely ancillary feature of another service and, for objective and technical reasons cannot be used without that other service, and the integration of the feature into the other service is not a means to circumvent the applicability of this Regulation. For the purpose of this Regulation, cloud computing service shall not be considered to be an online platform in cases where allowing the dissemination of hyperlinks to a specific content constitutes a minor and ancillary feature.
Amendment 705 #
2020/0361(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point h a (new)
Article 2 – paragraph 1 – point h a (new)
(ha) ‘cloud computing service’ means a digital service that enables access to a scalable and elastic pool of shareable computing resources;
Amendment 714 #
2020/0361(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point i a (new)
Article 2 – paragraph 1 – point i a (new)
(ia) ‘online marketplace’ means an online platform which allows consumers to conclude distance contracts with traders on its platform;
Amendment 716 #
2020/0361(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point k a (new)
Article 2 – paragraph 1 – point k a (new)
(ka) ‘trusted flagger’ means an entity that has been nominated by a Digital Services Coordinator based on specific conditions to be authorised to issue priority notifications as to illegal content found on a platform.
Amendment 718 #
2020/0361(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point n
Article 2 – paragraph 1 – point n
(n) ‘advertisement’ means information designed to promote the message of a legal or natural person, irrespective of whether the person is incorporated or unincorporated and irrespective of whether the information is designed to achieve commercial or non-commercial purposes, and displayed by an online platform on its online interface normally against remuneration specifically for promoting that informationmessage;
Amendment 724 #
2020/0361(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point p
Article 2 – paragraph 1 – point p
(p) ‘content moderation’ means the activities, either through automated or manual means, undertaken by providers of intermediary services aimed at detecting, identifying and addressing illegal content or information incompatible with their terms and conditions, provided by recipients of the service, including measures taken that affect the availability, visibility, monetisation and accessibility of that illegal content or that information, such as demotion, disabling of access to, delisting, demonetisation or removal thereof, or the recipients’ ability to provide that information, such as the termination or suspension of a recipient’s account;
Amendment 731 #
2020/0361(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point q
Article 2 – paragraph 1 – point q
(q) ‘terms and conditions’ means all terms and conditions or specifications by the service provider, irrespective of their name or form, which govern the contractual relationship between the provider of intermediary services and the recipients of the services, and are unilaterally determined by the provider of online intermediary services and that unilateral determination of terms and conditions is being evaluated on the basis of an overall assessment for which the relative size of the parties concerned, the fact that a negotiation took place, or that certain provisions thereof might have been subject to such a negotiation and determined together by the relevant provider and recipient are not, in themselves, decisive; or the rules laid down by the intermediary service provider under which users will be allowed to use the intermediation service concerned.
Amendment 738 #
2020/0361(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point q a (new)
Article 2 – paragraph 1 – point q a (new)
(qa) ‘dark pattern’ means a user interface designed or manipulated with the substantial effect of subverting or impairing user autonomy, decision- making or choice.
Amendment 742 #
2020/0361(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point q b (new)
Article 2 – paragraph 1 – point q b (new)
(qb) ‘persons with disabilities’ means persons with disabilities within the meaning of Article 3(1) of Directive (EU) 2019/882
Amendment 745 #
2020/0361(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point q c (new)
Article 2 – paragraph 1 – point q c (new)
(qc) ‘deep fake’ means a generated or manipulated image, audio or video content that appreciably resembles existing persons, objects, places or other entities or events and falsely appears to a person to be authentic or truthful.
Amendment 752 #
2020/0361(COD)
Proposal for a regulation
Article 4 – paragraph 1 – introductory part
Article 4 – paragraph 1 – introductory part
Amendment 753 #
2020/0361(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point a
Article 4 – paragraph 1 – point a
(a) the provider does not modify the finformational content;
Amendment 766 #
2020/0361(COD)
Proposal for a regulation
Article 5 – paragraph 3
Article 5 – paragraph 3
Amendment 770 #
2020/0361(COD)
Proposal for a regulation
Article 5 – paragraph 3
Article 5 – paragraph 3
3. Paragraph 1 shall not apply with respect to liability under consumer protection law of online platforms allowing consumers to conclude distance contracts with tradermarketplaces, where such an online platformmarketplace presents the specific item of information or otherwise enables the specific transaction at issue in a way that would lead an average and reasonably well-informed consumer to believe that the information, or the product or service that is the object of the transaction, is provided either by the online platform itself or by a recipient of the service who is acting under its authority or control.
Amendment 776 #
2020/0361(COD)
Proposal for a regulation
Article 5 a (new)
Article 5 a (new)
Amendment 786 #
2020/0361(COD)
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
Providers of intermediary services shall not be deemed ineligible for the exemptions from liability referred to in Articles 3, 4 and 5 solely because they carry out voluntary own-initiative investigations or other activities aimed at detecting, identifying and removing, or disabling of access to, illegal content, to enforce their terms and conditions in accordance with Article 12 or take the necessary measures to comply with the requirements of Union or national law, including those set out in this Regulation.
Amendment 793 #
2020/0361(COD)
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
No general obligation to monitor the information which providers of intermediary services transmit or store, nor actively to seek facts or circumstances indicating illegal activity shall be imposed on those providers. This Regulation shall not prevent providers from offering end- to-end encrypted services. The provision of such services shall not constitute a reason for liability or for becoming ineligible for the exemptions from liability.
Amendment 806 #
2020/0361(COD)
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. Providers of intermediary services shall, upon the receipt of an order to act against a specific individual item of illegal content, received from and issued by the relevant national judicial or administrative authorities, on the basis of the applicable Union or national law, in conformity with Union law, inform the authority issuing the order of the effect given to the orders, without undue delay, specifying the action taken and the moment when the action was taken.
Amendment 809 #
2020/0361(COD)
Proposal for a regulation
Article 8 – paragraph 1 a (new)
Article 8 – paragraph 1 a (new)
1a. If the provider cannot comply with the removal order because it contains manifest errors or does not contain sufficient information for its execution, it shall, without undue delay, inform the authority that has issued the order.
Amendment 810 #
2020/0361(COD)
Proposal for a regulation
Article 8 – paragraph 1 b (new)
Article 8 – paragraph 1 b (new)
1b. Where the provider does not have its main establishment or legal representative in the Member State of the competent authority that has issued the order and the provider believes that the implementation of an order issued under paragraph 1 would infringe the Charter of Fundamental rights of the European Union, Union law, or the national law of the Member State in which the main establishment or legal representative of the provider is located, or does not meet the conditions of paragraph 2, the provider shall have the right to submit a reasoned request for a decision of the Digital Services Coordinator from the Member State of establishment. The provider shall inform the authority issuing the order of this submission.
Amendment 811 #
2020/0361(COD)
Proposal for a regulation
Article 8 – paragraph 1 c (new)
Article 8 – paragraph 1 c (new)
1c. Upon receiving such a submission, the Digital Services Coordinator shall in a timely manner scrutinise the order and inform the provider of its decision. Where the Digital Services Coordinator agrees with the reasoning of the provider, in whole or in part, the Digital Services Coordinator shall inform, without undue delay, the Digital Services Coordinator of the Member State of the judicial or administrative authority issuing the order of its objection. The Digital Services Coordinator may choose to intervene on behalf of the provider in any redress, appeal or other legal processes in relations to the order.
Amendment 812 #
2020/0361(COD)
Proposal for a regulation
Article 8 – paragraph 1 d (new)
Article 8 – paragraph 1 d (new)
1d. Until an objection under paragraph 1, point (c) is withdrawn, any penalties, fines or other sanctions related to the non-implementation of an order issued by the relevant national judicial or administrative authorities shall be suspended and the order shall cease to have legal effects.
Amendment 813 #
2020/0361(COD)
Proposal for a regulation
Article 8 – paragraph 1 e (new)
Article 8 – paragraph 1 e (new)
1e. Paragraphs 1b and 1c shall not apply in the case of very large online platforms or where a content is manifestly illegal under Union law.
Amendment 819 #
2020/0361(COD)
Proposal for a regulation
Article 8 – paragraph 2 – point a – indent 1 a (new)
Article 8 – paragraph 2 – point a – indent 1 a (new)
— the identification of the issuing authority and the means to verify the authentication of the order;
Amendment 828 #
2020/0361(COD)
Proposal for a regulation
Article 8 – paragraph 2 – point b
Article 8 – paragraph 2 – point b
(b) the territorial scope of the order, on the basis of the applicable rules of Union and national law, including the Charter, and, where relevant, general principles of international law, does not exceed what is strictly necessary to achieve its objective and in any case does not exceed the territory of the Member State of the order;
Amendment 836 #
2020/0361(COD)
Proposal for a regulation
Article 8 – paragraph 2 – point c
Article 8 – paragraph 2 – point c
(c) the order is drafted in the language declared by the provider and is sent to the point of contact, appointed by the provider, in accordance with Article 10, or in the official language of the Member State that issues the order against the specific item of illegal content. In such case, the point of contact may request the competent authority to provide translation into the language declared by the provider.
Amendment 840 #
2020/0361(COD)
Proposal for a regulation
Article 8 – paragraph 2 – point c a (new)
Article 8 – paragraph 2 – point c a (new)
(ca) the order is issued only where no other effective means are available to bring about the cessation or the prohibition of the infringement
Amendment 841 #
2020/0361(COD)
Proposal for a regulation
Article 8 – paragraph 2 – point c b (new)
Article 8 – paragraph 2 – point c b (new)
(cb) where more than one provider of intermediary services is responsible for hosting the specific item, the order is issued to the most appropriate provider that has the technical and operational ability to act against the specific item.
Amendment 842 #
2020/0361(COD)
Proposal for a regulation
Article 8 – paragraph 2 a (new)
Article 8 – paragraph 2 a (new)
2a. The Commission shall adopt delegated acts in accordance with Article 69, after consulting the Board, to lay down a specific template and form for such orders.
Amendment 843 #
2020/0361(COD)
Proposal for a regulation
Article 8 – paragraph 2 b (new)
Article 8 – paragraph 2 b (new)
2b. Member States shall ensure that providers have a right to appeal and object to implementing the order and shall facilitate the use and access to that right.
Amendment 844 #
2020/0361(COD)
Proposal for a regulation
Article 8 – paragraph 2 c (new)
Article 8 – paragraph 2 c (new)
2c. When an order to act against a specific individual item of illegal content is issued by a relevant national judicial or administrative authority, Member States shall ensure that the relevant national judicial or administrative authority duly informs the Digital Services Coordinator from the Member State of the judicial or administrative authority.
Amendment 846 #
2020/0361(COD)
Proposal for a regulation
Article 8 – paragraph 3 – subparagraph 1 a (new)
Article 8 – paragraph 3 – subparagraph 1 a (new)
Where upon receiving the copy of the order, at least three Digital Services Coordinators consider that the order violates Union or national law that is in conformity with Union law, including the Charter, they can object the enforcement of the order to the Board, based on a reasoned statement. Following recommendation of the Board, the Commission may decide whether the order is to be enforced.
Amendment 849 #
2020/0361(COD)
Proposal for a regulation
Article 8 – paragraph 4
Article 8 – paragraph 4
4. The conditions and requirements laid down in this article shall be without prejudice to requirements under national criminal procedural law and administrative law in conformity with Union law, including the Charter on Fundamental Rights. While acting in accordance with such laws, authorities shall not go beyond what is necessary in order to attain the objectives followed therein.
Amendment 862 #
2020/0361(COD)
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. Providers of intermediary services shall, upon receipt of an order to provide a specific item of information about one or more specific individual recipients of the service, received from and issued by the relevant national judicial or administrative authorities on the basis of the applicable Union or national law, in conformity with Union law, inform without undue delay the authority of issuing the order of its receipt and the effect given to the order.
Amendment 865 #
2020/0361(COD)
Proposal for a regulation
Article 9 – paragraph 1 a (new)
Article 9 – paragraph 1 a (new)
1a. If the provider cannot comply with the information order because it contains manifest errors or does not contain sufficient information for its execution, it shall, without undue delay, inform the authority that issued the information order
Amendment 866 #
2020/0361(COD)
Proposal for a regulation
Article 9 – paragraph 1 b (new)
Article 9 – paragraph 1 b (new)
1b. Where the provider does not have its main establishment or legal representative in the Member State of the competent authority that issued the order and a provider believes that the implementation of an order issued under paragraph 1 would infringe the Charter, Union law, or the national law of the Member State in which the main establishment or legal representative of the provider is located, or does not meet the conditions of paragraph 2, the provider shall have the right to submit a reasoned request for a decision of the Digital Services Coordinator from the Member State of establishment. The provider shall inform the authority issuing the order of this submission.
Amendment 867 #
2020/0361(COD)
Proposal for a regulation
Article 9 – paragraph 1 c (new)
Article 9 – paragraph 1 c (new)
1c. Upon receiving such a submission, the Digital Services Coordinator shall in a timely manner scrutinise the order and inform the provider of its decision. Where the Digital Services Coordinator agrees with the reasoning of the provider, in whole or in part, the Digital Services Coordinator shall inform of its objection, without undue delay, the Digital Services Coordinator from the Member State of the judicial or administrative authority issuing the order. The Digital Services Coordinator may choose to intervene on behalf of the provider in any redress, appeal or other legal processes in relations to the order.
Amendment 868 #
2020/0361(COD)
Proposal for a regulation
Article 9 – paragraph 1 d (new)
Article 9 – paragraph 1 d (new)
1d. Until an objection under paragraph 1, point (c) is withdrawn, any penalties, fines or other sanctions related to the non-implementation of an order issued by the relevant national judicial or administrative authorities shall be suspended and the order shall cease to have legal effects.
Amendment 870 #
2020/0361(COD)
Proposal for a regulation
Article 9 – paragraph 2 – point a – indent -1 (new)
Article 9 – paragraph 2 – point a – indent -1 (new)
— the identification of the issuing authority and the means to verify the authentication of the order;
Amendment 879 #
2020/0361(COD)
Proposal for a regulation
Article 9 – paragraph 2 – point c
Article 9 – paragraph 2 – point c
(c) the order is drafted in the language declared by the provider and is sent to the point of contact appointed by that provider, in accordance with Article 10, or in the official language of the Member State that issues the order against the specific item of illegal content. In such case, the point of contact may request the competent authority to provide translation into the language declared by the provider;
Amendment 882 #
2020/0361(COD)
Proposal for a regulation
Article 9 – paragraph 2 – point c a (new)
Article 9 – paragraph 2 – point c a (new)
(ca) the order is issued only where no other effective means are available to receive the same specific item of information
Amendment 884 #
2020/0361(COD)
Proposal for a regulation
Article 9 – paragraph 2 a (new)
Article 9 – paragraph 2 a (new)
2a. The Commission shall adopt delegated acts in accordance with Article 69, after consulting the Board, to lay down a specific template and form for such orders. It shall ensure that the form meats the standards set down in the Annex of [XXX the regulation on European Production and Preservation Orders for electronic evidence in criminal matters].
Amendment 885 #
2020/0361(COD)
Proposal for a regulation
Article 9 – paragraph 2 b (new)
Article 9 – paragraph 2 b (new)
2b. When an order to provide a specific item of information about one or more specific individual recipients of the service is issued by a relevant national judicial or administrative authority, Member States shall ensure that the relevant national judicial or administrative authority duly informs the Digital Services Coordinator from the Member State of the judicial or administrative authority.
Amendment 887 #
2020/0361(COD)
Proposal for a regulation
Article 9 – paragraph 4
Article 9 – paragraph 4
4. The conditions and requirements laid down in this article shall be without prejudice to requirements under national criminal procedural law and administrative law in conformity with Union law.
Amendment 891 #
2020/0361(COD)
Proposal for a regulation
Chapter III – title
Chapter III – title
Due diligence oObligations for a transparent, accessible and safe online environment
Amendment 894 #
2020/0361(COD)
Proposal for a regulation
Article 9 a (new)
Article 9 a (new)
Article 9a Waiver 1. Providers of intermediary services may apply to the Commission for a waiver from the requirements of Chapter III, proved that they are: (a) non-for-profit or equivalent and serve a manifestly positive role in the public interest; (b) micro or small enterprises within the meaning of the Annex to Recommendation 2003/361/EC; or (c) a medium enterprises within the meaning of the Annex to Recommendation 2003/361/EC without any systemic risk related to illegal content. The Providers shall present justified reasons for their request. 2. The Commission shall examination such an application and, after consulting the Board, may issue a waiver in whole or in parts to the requirements of this Chapter. 3. Upon the request of the Board or the provider, or on its own initiative, the Commission may review a waiver issued and revoke the waiver in whole or in parts. 4. The Commission shall maintain a list of all waivers issued and their conditions and shall publish this list to the public. (This amendment should be placed between the Chapter Title and the Section title)
Amendment 896 #
2020/0361(COD)
Proposal for a regulation
Article 9 a (new)
Article 9 a (new)
Article 9a Conflict between Union Acts 1. Where any obligation set down in this Regulation can be viewed as equivalent with or superseded by an obligation within another Union act, in which a provider of intermediary services is also a subject, a provider of intermediary services may apply to the Commission for a waiver from such requirements or a declaration that it should be deemed as having complied with this Regulation, in whole or in parts. The provider shall present justified reasons for their request. 2. The Commission shall examine such an application and, after consulting the Board, may issue a waiver or declaration in whole or in parts to the requirements of this Regulation. 3. Upon the request of the Board or on its own initiative, the Commission may review a waiver or declaration issued and revoke the waiver or declaration in whole or in parts. 4. The Commission shall maintain a list of all waiver and declaration issued and their conditions and shall publish this list to the public.
Amendment 905 #
2020/0361(COD)
Proposal for a regulation
Article 10 – paragraph 2 a (new)
Article 10 – paragraph 2 a (new)
2a. Providers of intermediary services may establish the same single point of contact for this Regulation and another single point of contact as required under other Union law. When doing so, the provider shall inform the Commission of this decision.
Amendment 913 #
2020/0361(COD)
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
1. Providers of intermediary services which do not have an establishment in the Union but which offer services in the Union shallmay designate, in writing, a legal or natural person to act as their legal representative in one of the Member States where the provider offers its services.
Amendment 914 #
2020/0361(COD)
Proposal for a regulation
Article 11 – paragraph 1 – subparagraph 1 a (new)
Article 11 – paragraph 1 – subparagraph 1 a (new)
Where a provider of intermediary services chooses not to designate a legal representative, Article 40(3) shall apply.
Amendment 917 #
2020/0361(COD)
Proposal for a regulation
Article 11 – paragraph 4
Article 11 – paragraph 4
4. Providers of intermediary services shall notify the name, address, the electronic mail address and telephone number of their legal representative to the Digital Service Coordinator in the Member State where that legal representative resides or is destablishignated. They shall ensure that that information is up to date.
Amendment 921 #
2020/0361(COD)
Proposal for a regulation
Article 11 – paragraph 5 a (new)
Article 11 – paragraph 5 a (new)
5a. Paragraph 1 shall not apply to providers of intermediary services that qualify as micro or small enterprises within the meaning of the Annex to Recommendation 2003/361/EC other than those which are either a very larger online platform or a marketplace.
Amendment 931 #
2020/0361(COD)
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
1. Providers of intermediary services shall include information on any restrictions that they impose in relation to the use of their service in respect of information provided by the recipients of the service, in their terms and conditions. That information shall include information on any policies, procedures, measures and tools used by the provider of the intermediary service for the purpose of content moderation, including algorithmic decision-making and human review. It shall be set out in clear and unambiguous language and shall be publicly available in an easily accessible, machine-readable format.
Amendment 939 #
2020/0361(COD)
Proposal for a regulation
Article 12 – paragraph 2
Article 12 – paragraph 2
2. Providers of intermediary services shall act in a diligent, objective and proportionatenon- arbitrary manner in applying and enforcing the restrictions referred to in paragraph 1, with due regard to the rights and legitimate interests of all parties involved, including the applicable fundamental rights of the recipients of the service as enshrined in the Charter and, where applicable, any community or other standards created by recipients of the service.
Amendment 949 #
2020/0361(COD)
Proposal for a regulation
Article 12 – paragraph 2 a (new)
Article 12 – paragraph 2 a (new)
2a. Providers of intermediary services shall, when complying with the requirements of this Article, not be required to disclose algorithms or any information that, with reasonable certainty, would result in the enabling of deception of consumers or consumer harm through the manipulation of their services. This Article shall be without prejudice to Directive (EU) 2016/943.
Amendment 959 #
2020/0361(COD)
Proposal for a regulation
Article 12 – paragraph 2 b (new)
Article 12 – paragraph 2 b (new)
2b. Providers of intermediary services shall refrain from any dark patterns or other techniques to encourage the acceptance of terms and conditions, including giving consent to sharing personal and non-personal data.
Amendment 963 #
2020/0361(COD)
Proposal for a regulation
Article 12 – paragraph 2 c (new)
Article 12 – paragraph 2 c (new)
2c. Providers of intermediary services shall not require recipients of the service other than traders to make their legal identity public in order to use the service.
Amendment 964 #
2020/0361(COD)
Proposal for a regulation
Article 12 – paragraph 2 d (new)
Article 12 – paragraph 2 d (new)
2d. For providers other than very large online platforms, nothing in this Regulation shall prevent a provider of intermediary services provider concerned from terminating the contractual relationship with its recipients without clause, in the situations provided for in the terms and conditions. Providers of a very large online platform shall issue a statement for the termination to the recipient, and the recipient shall have access to the internal complaint mechanism under Article 17 and the out- of-court mechanism under Article 18.
Amendment 967 #
2020/0361(COD)
Proposal for a regulation
Article 12 a (new)
Article 12 a (new)
Article 12a General Risk Assessment and Mitigation Measures 1. Providers of intermediary services shall identify, analyse and assess, at least once and at each significant revision of a service thereafter, the potential misuse or other risks stemming from the functioning and use made of their services in the Union. Such a general risk assessment shall be specific to their services and shall include at least risks related to the dissemination of illegal content through their services and any contents that might have a negative effect on potential recipients of the service, especially minors. 2. Providers of intermediary services which identify potential risks shall. wherever possible, attempt to put in place reasonable, proportionate and effective mitigation measures in line with their terms and conditions. 3. Where the identified risk relations to minor recipients of the service, without regard to if the minor is acting with respect to the terms and conditions, mitigation measures shall include, where needed and applicable: (a) adapting content moderation or recommender systems, their decision- making processes, the features or functioning of their services, or their terms and conditions to ensure those prioritise the best interests of the minor; (b) adapting or removing system design features that expose or promote to minors to content, contact, conduct and contract risks; (c) ensuring the highest levels of privacy, safety, and security by design and default for users under the age of 16, including any profiling or use of data for commercial purposes; (d) if a service is targeted at minors, provide child-friendly mechanisms for remedy and redress, including easy access to expert advice and support. 4. Providers of intermediary services shall, upon request, explain to the Digital Services Coordinator of the Member State of establishment, how they undertook this risk assessment and what voluntary mitigation measures they undertook.
Amendment 972 #
2020/0361(COD)
Proposal for a regulation
Article 12 b (new)
Article 12 b (new)
Amendment 977 #
2020/0361(COD)
Proposal for a regulation
Article 13 – paragraph 1 – introductory part
Article 13 – paragraph 1 – introductory part
1. Providers of intermediary services shall publish, at least once a year, clear, easily comprehensible and detailed reports to their Digital Services Coordinator of establishment on any content moderation they engaged in during the relevant period. Those reports shall include, in particular, information on the following, as applicable:
Amendment 981 #
2020/0361(COD)
Proposal for a regulation
Article 13 – paragraph 1 – point a
Article 13 – paragraph 1 – point a
(a) the number of orders received from Member States’ authorities, categorised by the type of illegal content concerned, including orders issued in accordance with Articles 8 and 9, and the average time needed to inform taking the action specified in thoshe authority issuing the order of its receipt and the effect given to the orders;
Amendment 983 #
2020/0361(COD)
Proposal for a regulation
Article 13 – paragraph 1 – point b
Article 13 – paragraph 1 – point b
(b) the number of notices submitted in accordance with Article 14, categorised by the type of alleged illegal content concerned, the number of notices submitted by trusted flaggers, any action taken pursuant to the notices by differentiating whether the action was taken on the basis of the law or the terms and conditions of the provider, and the average time needed for taking the action; Providers of intermediary services may add additional information as to the reasons for the average time for taking the action.
Amendment 999 #
2020/0361(COD)
Proposal for a regulation
Article 13 – paragraph 1 a (new)
Article 13 – paragraph 1 a (new)
1a. Where providers of intermediary services do not make the report under paragraph 1 available to the general public, at least a summary of the report under paragraph 1 shall be made available to the general public.
Amendment 1005 #
2020/0361(COD)
Proposal for a regulation
Article 13 – paragraph 2
Article 13 – paragraph 2
2. Paragraph 1 shall not apply to providers of intermediary services that qualify as micro or small enterprises within the meaning of the Annex to Recommendation 2003/361/EC and which are not very large online platforms in accordance with Article 25.
Amendment 1010 #
2020/0361(COD)
Proposal for a regulation
Article 13 – paragraph 2 a (new)
Article 13 – paragraph 2 a (new)
2a. Where made available to the public, the annual transparency reports referred to in paragraph 1 shall not include information that may prejudice ongoing activities for the prevention, detection, or removal of illegal content or content counter to a hosting provider’s terms and conditions.
Amendment 1023 #
2020/0361(COD)
Proposal for a regulation
Article 14 – paragraph 1
Article 14 – paragraph 1
1. Providers of hosting services shall put mechanisms in place to allow any individual or non-governmental entity to notify them of the presence on their service of specific items of information that the individual or entity considers to be illegal content. Those mechanisms shall be easy to access, user- friendly, and allow for the submission of notices exclusively by electronic means and may include: (a) a clearly identifiable banner or single reporting button, allowing the users of those services to notify quickly and easily the providers of hosting services; (b) providing information to the users on what is considered illegal content under Union and national law; (c) providing information to the users on available national public tools to signal illegal content to the competent authorities in Member States were the service is directed.
Amendment 1052 #
2020/0361(COD)
Proposal for a regulation
Article 14 – paragraph 2 – point d
Article 14 – paragraph 2 – point d
(d) a statement confirming the good faith belief of the individual or entity submitting the notice that the information and allegations contained therein are accurate and complete to the best available knowledge.
Amendment 1057 #
2020/0361(COD)
Proposal for a regulation
Article 14 – paragraph 3
Article 14 – paragraph 3
3. NAdequately substantiated notices that include the elements referred to in paragraph 2 shall be considered to give rise to actual knowledge or awareness for the purposes of Arn obligation to investigate the notice in an effective and timely manner. If a provider is unable to determine if a noticle 5 in respect of the specific item of information concernedis valid, a provider may ask the Digital Service Coordinator or other national administrative bodies for an opinion before removing or disabling the content.
Amendment 1075 #
2020/0361(COD)
Proposal for a regulation
Article 14 – paragraph 6
Article 14 – paragraph 6
6. Providers of hosting services shall process any notices that they receive under the mechanisms referred to in paragraph 1, and take their decisions in respect of the information to which the notices relate, in a timely, diligent, non-discriminatory and objective manner. Where they use automated means for that processing or decision-making, they shall include information on such use in the notification referred to in paragraph 4.
Amendment 1093 #
2020/0361(COD)
Proposal for a regulation
Article 15 – paragraph 1
Article 15 – paragraph 1
1. Where a provider of hosting services decides to remove or, disable access to or otherwise restrict the visibility of specific items of information provided by the recipients of the service or to suspend or terminate monetary payments related to those items, irrespective of the means used for detecting, identifying or, removing or disabling access to or reducing the visibility of that information and of the reason for its decision, it shall inform the recipient on a durable medium, at the latest at the time of the removal or disabling of access or the restriction of visibility or the suspension or termination of monetization, of the decision and provide a clear and specific statement of reasons for that decision.
Amendment 1104 #
2020/0361(COD)
Proposal for a regulation
Article 15 – paragraph 2 – point a
Article 15 – paragraph 2 – point a
(a) whether the decision entails either the removal of, or the disabling of access to, the restriction of the visibility of, or the demonetisation of, the information and, where relevant, the territorial scope of the disabling of access; or the restriction;
Amendment 1108 #
2020/0361(COD)
Proposal for a regulation
Article 15 – paragraph 2 – point b
Article 15 – paragraph 2 – point b
(b) the facts and circumstances relied on in taking the decision, including where relevant whether the decision was taken pursuant to a notice submitted in accordance with Article 14 and where appropriate, the identity of the notifier;
Amendment 1119 #
2020/0361(COD)
Proposal for a regulation
Article 15 – paragraph 4
Article 15 – paragraph 4
4. Providers of hosting services shall publish at least annually the decisions and the statements of reasons, referred to in paragraph 1 in a publicly accessible database managed by the Commission. That information shall not contain personal data.
Amendment 1121 #
2020/0361(COD)
Proposal for a regulation
Article 15 – paragraph 4 a (new)
Article 15 – paragraph 4 a (new)
4a. Paragraph1 shall not apply where: - a provider of hosting service does not have the information necessary to inform the recipient by a durable medium; - a provider of hosting service has already informed the recipient of the removal or disabling of the same or similar items of information from the same recipient; - content is manifestly illegal; - content is deceptive, high-volume commercial content; or - requested by a judicial or law enforcement authority to not inform the recipient due to an ongoing criminal investigations until the criminal investigations is closed.
Amendment 1131 #
2020/0361(COD)
Proposal for a regulation
Article 15 a (new)
Article 15 a (new)
Article 15a Alternative mechanisms based on an adequacy decision 1. Where a platform has an existing alternative notice and action mechanisms as set down by the law of a third country or in accordance with other Union law, upon a request by a provider, the Commission may issue a decision that declare these mechanisms as ensuring an adequate level of protection and fulfilling the requirements in Article 14 and Article 15. Before issues any such decision, the Commission shall consult the Board and the general public at least one month before the decision is adopted.
Amendment 1141 #
2020/0361(COD)
Proposal for a regulation
Article 16 – paragraph 1
Article 16 – paragraph 1
This Section shall not apply to online platforms that qualify as micro or small enterprises within the meaning of the Annex to Recommendation 2003/361/EC and which are not very large online platforms in accordance with Article 25.
Amendment 1149 #
2020/0361(COD)
Proposal for a regulation
Article 17 – paragraph 1 – introductory part
Article 17 – paragraph 1 – introductory part
1. Online platforms shall provide recipients of the service, for a period of at least sixthree months following the decision referred to in this paragraph, the access to an effective internal complaint-handling system, which enables the complaints to be lodged electronically and free of charge, against the following decisions taken by the online platform on the ground that the information provided by the recipients is illegal content or incompatible with its terms and conditions:
Amendment 1154 #
2020/0361(COD)
Proposal for a regulation
Article 17 – paragraph 1 – point a
Article 17 – paragraph 1 – point a
(a) decisions to remove or, disable access to or restrict the visibility of the information;
Amendment 1169 #
2020/0361(COD)
Proposal for a regulation
Article 17 – paragraph 1 – point c a (new)
Article 17 – paragraph 1 – point c a (new)
(ca) decisions to restrict the ability to monetize content provided by the recipients.
Amendment 1195 #
2020/0361(COD)
Proposal for a regulation
Article 17 – paragraph 5
Article 17 – paragraph 5
5. Online platforms shall ensure that the decisions, that would negatively affect them and that are referred to in paragraph 4, are not solely taken on the basis of automated means.
Amendment 1201 #
2020/0361(COD)
Proposal for a regulation
Article 18 – paragraph 1 – subparagraph 1
Article 18 – paragraph 1 – subparagraph 1
Recipients of the service addressed by the decisions referred to in Article 17(1), shall be entitled to select any out-of-court dispute settlement body that has been certified in accordance with paragraph 2 and established in the Member State of the provider or the Member State of the recipient, in order to resolve disputes relating to those decisions, including complaints that could not be resolved by means of the internal complaint-handling system referred to in that Article. Online platforms shall engage, in good faith, with the body selected with a view to resolving the dispute and shall be bound by the decision taken by the body.
Amendment 1207 #
2020/0361(COD)
Proposal for a regulation
Article 18 – paragraph 1 a (new)
Article 18 – paragraph 1 a (new)
1a. Where a recipient seeks a resolved to multiple complaints, either party may request that the out-of-court dispute settlement body treats and resolves these complaints in a single dispute decision.
Amendment 1225 #
2020/0361(COD)
Proposal for a regulation
Article 18 – paragraph 2 – subparagraph 1 – point c
Article 18 – paragraph 2 – subparagraph 1 – point c
(c) the dispute settlement is easily accessible, including for persons with disabilities, through electronic communication technology;
Amendment 1234 #
2020/0361(COD)
Proposal for a regulation
Article 18 – paragraph 2 – subparagraph 1 – point d
Article 18 – paragraph 2 – subparagraph 1 – point d
(d) it is capable of settling dispute in a swift, efficient, accessible for persons with disabilities and cost-effective manner and in at least one official language of the Union;
Amendment 1248 #
2020/0361(COD)
Proposal for a regulation
Article 18 – paragraph 3 – subparagraph 1
Article 18 – paragraph 3 – subparagraph 1
If the body decides the dispute in favour of the recipient of the service, the online platform shall reimburse the recipient for any fees and other reasonable expenses that the recipient has paid or is to pay in relation to the dispute settlement. If the body decides the dispute in favour of the online platform, and the body does not find the recipient acted in bad faith in the dispute, the recipient shall not be required to reimburse any fees or other expenses that the online platform paid or is to pay in relation to the dispute settlement.
Amendment 1255 #
2020/0361(COD)
Proposal for a regulation
Article 18 – paragraph 6 a (new)
Article 18 – paragraph 6 a (new)
6a. This Article shall only take effect on providers other than very large online platforms from [24 months after the date of entry into force of this Regulation].
Amendment 1274 #
2020/0361(COD)
Proposal for a regulation
Article 19 – paragraph 2 – point b
Article 19 – paragraph 2 – point b
(b) it represents collective interests and is independent from any online platform, law enforcement, or other government or relevant commercial entity;
Amendment 1285 #
2020/0361(COD)
Proposal for a regulation
Article 19 – paragraph 2 – point c a (new)
Article 19 – paragraph 2 – point c a (new)
(ca) it has a transparent funding structure, including publishing the sources and amounts of all revenue annually
Amendment 1286 #
2020/0361(COD)
Proposal for a regulation
Article 19 – paragraph 2 – point c b (new)
Article 19 – paragraph 2 – point c b (new)
(cb) it is not already a trusted flagger in another Member State.
Amendment 1287 #
2020/0361(COD)
Proposal for a regulation
Article 19 – paragraph 2 – point c c (new)
Article 19 – paragraph 2 – point c c (new)
(cc) it publishes, at least once a year, clear, easily comprehensible and detailed reports on any notices submitted in accordance with Article 14 during the relevant period. The report shall list notices categorised by the identity of the hosting service provider, the type of alleged illegal or terms and conditions violating content concerned, and what action was taken by the provider. In addition, the report shall identify relationships between the trusted flagger and any online platform, law enforcement, or other government or relevant commercial entity, and explain the means by which the trusted flagger maintains its independence.
Amendment 1288 #
2020/0361(COD)
Proposal for a regulation
Article 19 – paragraph 2 – subparagraph 1 a (new)
Article 19 – paragraph 2 – subparagraph 1 a (new)
By way of derogation from point (b), a public entity may be awarded with the status of trusted flagger for non- intellectual property right related actions.
Amendment 1289 #
2020/0361(COD)
Proposal for a regulation
Article 19 – paragraph 2 a (new)
Article 19 – paragraph 2 a (new)
Amendment 1303 #
2020/0361(COD)
Proposal for a regulation
Article 19 – paragraph 5
Article 19 – paragraph 5
5. Where an online platform has information indicating that a trusted flagger submitted a significant number of insufficiently precise or inadequately substantiated notices through the mechanisms referred to in Article 14, including information gathered in connection to the processing of complaints through the internal complaint-handling systems referred to in Article 17(3), it shall communicate that information to the Digital Services Coordinator that awarded the status of trusted flagger to the entity concerned, providing the necessary explanations and supporting documents. During this period of investigation by the Digital Services Coordinator, the trusted flagger shall be treated as a non-trusted flagger when using the mechanisms referred to in Article 14, where not suspended under Article 20.
Amendment 1309 #
2020/0361(COD)
Proposal for a regulation
Article 19 – paragraph 6
Article 19 – paragraph 6
6. The Digital Services Coordinator that awarded the status of trusted flagger to an entity shall revoke that status if it determines, following an investigation either on its own initiative or on the basis information received byfrom third parties, including the information provided by an online platform pursuant to paragraph 5, that the entity no longer meets the conditions set out in paragraph 2. Before revoking that status, the Digital Services Coordinator shall afford the entity an opportunity to react to the findings of its investigation and its intention to revoke the entity’s status as trusted flagger
Amendment 1312 #
2020/0361(COD)
Proposal for a regulation
Article 19 – paragraph 7
Article 19 – paragraph 7
7. The Commission, after consulting the Board, shall issue guidance as to how to apply and demonstrate the conditions of paragraph 2 and may issue guidance to assist online platforms and Digital Services Coordinators in the application of paragraphs 5 and 6.
Amendment 1317 #
2020/0361(COD)
Proposal for a regulation
Article 19 a (new)
Article 19 a (new)
Amendment 1322 #
2020/0361(COD)
Proposal for a regulation
Article 20 – paragraph 1
Article 20 – paragraph 1
1. Online platforms shall suspend, for a reasonable period of time and where proportionate after having issued a prior warning, the provision of their services to recipients of the service that frequently provide manifestly illegal content.
Amendment 1338 #
2020/0361(COD)
Proposal for a regulation
Article 20 – paragraph 3 – point d
Article 20 – paragraph 3 – point d
(d) the intention of the recipient, individual, entity or complainant., including whether submissions were made in bad faith;
Amendment 1340 #
2020/0361(COD)
Proposal for a regulation
Article 20 – paragraph 3 – point d a (new)
Article 20 – paragraph 3 – point d a (new)
(da) whether a notice was submitted by an individual user or by an entity or persons with specific expertise related to the content in question;
Amendment 1344 #
2020/0361(COD)
Proposal for a regulation
Article 20 – paragraph 3 – point d b (new)
Article 20 – paragraph 3 – point d b (new)
(db) the manner of how notices have been submitted, including by automated means.
Amendment 1345 #
2020/0361(COD)
Proposal for a regulation
Article 20 – paragraph 3 a (new)
Article 20 – paragraph 3 a (new)
3a. Suspensions referred to in paragraphs 1 and 2 may be declared permanent where (a) compelling reasons of law or public policy, including ongoing criminal investigations, justify avoiding or postponing notice to the recipient; (b) the items removed were components of high-volume campaigns to deceive users or manipulate platform content moderation efforts; or (c) the items removed were related to content covered by [Directive 2011/93/EU updated reference] or [Directive (EU) 2017/541 or Regulation (EU) 2021/784 of the European Parliament and of the Council.
Amendment 1348 #
2020/0361(COD)
Proposal for a regulation
Article 20 – paragraph 4
Article 20 – paragraph 4
4. Online platforms shall set out, in a clear and detailed manner, their policy in respect of the misuse referred to in paragraphs 1 and 2 in their terms and conditions, including as regardexamples as the facts and circumstances that they take into account when assessing whether certain behaviour constitutes misuse and the duration of the suspension.
Amendment 1355 #
2020/0361(COD)
Proposal for a regulation
Article 21 – paragraph 1
Article 21 – paragraph 1
1. Where an online platform becomes aware of anyexact information giving rise to a suspicion that a serious criminal offence involving an imminent threat to the life or safety of persons has taken place, is taking place or is likelyplanned to take place, it shall promptly inform the law enforcement or judicial authorities of the Member State or Member States concerned of its suspicion and provide al, upon their request, any additional relevant information available.
Amendment 1363 #
2020/0361(COD)
Proposal for a regulation
Article 21 – paragraph 2 a (new)
Article 21 – paragraph 2 a (new)
2a. Unless instructed otherwise by the informed authority, the provider shall remove or disable the content. It shall store all content and related data for at least six months.
Amendment 1364 #
2020/0361(COD)
Proposal for a regulation
Article 21 – paragraph 2 b (new)
Article 21 – paragraph 2 b (new)
2b. Information obtained by a law enforcement or judicial authority of a Member State in accordance with paragraph 1 shall not be used for any purpose other than those directly related to the individual serious criminal offence notified.
Amendment 1365 #
2020/0361(COD)
Proposal for a regulation
Article 21 – paragraph 2 c (new)
Article 21 – paragraph 2 c (new)
2c. The Commission shall adopt an implementing act setting down a template for notifications under paragraph 1.
Amendment 1366 #
2020/0361(COD)
Proposal for a regulation
Article 21 – paragraph 2 d (new)
Article 21 – paragraph 2 d (new)
2d. Where a notification of suspicions of criminal offences includes information which may be seen as potential electronic information in criminal proceedings, Regulation XXX [E-evidence] shall apply.
Amendment 1368 #
2020/0361(COD)
Proposal for a regulation
Article 22 – title
Article 22 – title
Traceability of traders on online Marketplaces
Amendment 1375 #
2020/0361(COD)
Proposal for a regulation
Article 22 – paragraph 1 – introductory part
Article 22 – paragraph 1 – introductory part
1. Where an online platform allows consumers to conclude distance contracts with traders, itProviders of online marketplaces shall ensure that traders can only use itstheir services to promote messages on or to offer products or services to consumers located in the Union if, prior to the use of itstheir services for those purposes, the online platformmarketplace has obtained the following information from traders, where applicable:
Amendment 1385 #
2020/0361(COD)
Proposal for a regulation
Article 22 – paragraph 1 – point c
Article 22 – paragraph 1 – point c
(c) the bankpayment account details of the trader, where the trader is a natural person;
Amendment 1389 #
2020/0361(COD)
Proposal for a regulation
Article 22 – paragraph 1 – point d
Article 22 – paragraph 1 – point d
(d) the name, address, telephone number and electronic mail address of the economic operator, within the meaning of established in the Union and carrying out the tasks in accordance with Article 3(13) and Article 4 of Regulation (EU) 2019/1020 of the European Parliament and the Council51 or [Article XX of the General Product Safety Regulation] or any relevant act of Union law; __________________ 51Regulation (EU) 2019/1020 of the European Parliament and of the Council of 20 June 2019 on market surveillance and compliance of products and amending Directive 2004/42/EC and Regulations (EC) No 765/2008 and (EU) No 305/2011 (OJ L 169, 25.6.2019, p. 1).
Amendment 1393 #
2020/0361(COD)
Proposal for a regulation
Article 22 – paragraph 1 – point f
Article 22 – paragraph 1 – point f
(f) a self-certification by the trader committing to only offer products or services that comply with the applicable rules of Union law to the best of their abilities.
Amendment 1400 #
2020/0361(COD)
Proposal for a regulation
Article 22 – paragraph 1 a (new)
Article 22 – paragraph 1 a (new)
1a. Providers of online marketplaces shall require traders to provide the information referred to in points (a) and (e) immediately upon initial registration for its services. Traders shall be required to provide any supplementary material relating to the information requirements set out in Article 22(1) within a reasonable period, no later than before offering of products and services to consumer.
Amendment 1406 #
2020/0361(COD)
Proposal for a regulation
Article 22 – paragraph 2
Article 22 – paragraph 2
2. The online platformproviders of online marketplaces shall, upon receiving that information, make reasonablebest efforts to assess whether the information referred to in points (a), (d) and (e) of paragraph 1 is reliablaccurate through the use of any freely accessible official online database or online interface made available by an authorised administrator or a Member States or the Union or through direct requests to the trader to provide supporting documents from reliable sources.
Amendment 1416 #
2020/0361(COD)
Proposal for a regulation
Article 22 – paragraph 3 – subparagraph 1
Article 22 – paragraph 3 – subparagraph 1
Where the online platform obtainsproviders of online marketplaces obtains sufficient indications that any item of information referred to in paragraph 1 obtained from the trader concerned is inaccurate or incomplete, that platformmarketplace shall request the trader to correct the information in so far as necessary to ensure that all information is accurate and complete, without delay or within the time period set by Union and national law.
Amendment 1419 #
2020/0361(COD)
Proposal for a regulation
Article 22 – paragraph 3 – subparagraph 2
Article 22 – paragraph 3 – subparagraph 2
Where the trader fails to correct or complete that information, the online platformmarketplace shall suspend the provision of its service to the trader in relations to the offering of products or services to consumers located in the Union until the request is fully complied with.
Amendment 1425 #
2020/0361(COD)
Proposal for a regulation
Article 22 – paragraph 3 a (new)
Article 22 – paragraph 3 a (new)
3a. The providers of online marketplaces shall ensure that traders are given the ability to discuss any information viewed as inaccurate or incomplete directly with a trader before any suspension of services. This may take the form of the internal complaint- handling system under Article 17.
Amendment 1427 #
2020/0361(COD)
Proposal for a regulation
Article 22 – paragraph 3 b (new)
Article 22 – paragraph 3 b (new)
3b. If an online marketplace rejects an application for services or suspends services to a trader, the trader shall have recourse to the systems under Article 17 and Article 43 of this Regulation.
Amendment 1429 #
2020/0361(COD)
Proposal for a regulation
Article 22 – paragraph 3 c (new)
Article 22 – paragraph 3 c (new)
3c. Traders shall be solely liable for the accuracy of the information provided and shall inform without delay the online marketplace of any changes to the information provided.
Amendment 1432 #
2020/0361(COD)
Proposal for a regulation
Article 22 – paragraph 4
Article 22 – paragraph 4
4. The online platformmarketplace shall store the information obtained pursuant to paragraph 1 and 2 in a secure manner for the duration of their contractual relationship with the trader concerned. They shall subsequently delete the information no later than six months after the final conclusion of a distance contract.
Amendment 1439 #
2020/0361(COD)
Proposal for a regulation
Article 22 – paragraph 5
Article 22 – paragraph 5
5. Without prejudice to paragraph 2, the platformonline marketplace shall only disclose the information to third parties where so required in accordance with the applicable law, including the orders referred to in Article 9 and any orders issued by Member States’ competent authorities or the Commission for the performance of their tasks under this Regulation.
Amendment 1448 #
2020/0361(COD)
Proposal for a regulation
Article 22 – paragraph 7
Article 22 – paragraph 7
Amendment 1462 #
2020/0361(COD)
Proposal for a regulation
Article 22 a (new)
Article 22 a (new)
Amendment 1466 #
2020/0361(COD)
Proposal for a regulation
Article 22 b (new)
Article 22 b (new)
Article 22b Right to information 1. Where a provider of an online marketplace becomes aware, irrespective of the means used to, of the illegal nature of a product or service offered through its services, it shall inform, wherever possible, those recipients of the service that had acquired such product or contracted such service during the last six months about the illegality, the identity of the trader and any means of redress. 2. Where the provider of the online marketplace does not have the contact details of the recipients of the service referred to in paragraph 1, the provider shall make publicly available and easily accessible on their online interface the information concerning the illegal products or services removed, the identity of the trader and any means of redress.
Amendment 1479 #
2020/0361(COD)
Proposal for a regulation
Article 23 – paragraph 4
Article 23 – paragraph 4
4. The Commission mayshall adopt implementing acts to lay down templates concerning the form, content and other details of reports pursuant to paragraph 1.
Amendment 1480 #
2020/0361(COD)
Proposal for a regulation
Article 23 – paragraph 4 a (new)
Article 23 – paragraph 4 a (new)
4a. Where published to the general public, the annual transparency reports referred to in paragraph 1 shall not include information that may prejudice ongoing activities for the prevention, detection, or removal of illegal content or content counter to a hosting provider’s terms and conditions.
Amendment 1494 #
2020/0361(COD)
Proposal for a regulation
Article 24 – paragraph 1 – point c
Article 24 – paragraph 1 – point c
(c) clear, meaningful and uniform information about the main parameters used to determine the recipient to whom the advertisement is displayed and the logic involved.
Amendment 1506 #
2020/0361(COD)
Proposal for a regulation
Article 24 – paragraph 1 a (new)
Article 24 – paragraph 1 a (new)
Without prejudice to other Union acts, online platforms that display user- generated content that may include sponsored information or other information equivalent to advertising, which is normally provided against remuneration, shall including in their terms and conditions an obligation for the recipients of their service to inform other recipients of when they have received remuneration or any other goods in kind for their content. A failure to inform the platform or other recipients shall constitute a violation of the provider’s terms and conditions.
Amendment 1517 #
2020/0361(COD)
Proposal for a regulation
Article 24 a (new)
Article 24 a (new)
Article 24a Recommender systems - prominence of public journalism 1. Online platforms shall ensure due prominence of public interest journalism on their services. Services that cater to special interests may be exempted from this obligation. Appropriate prominence measures should include the use of technical standards established in a participatory and transparent manner in order to identify media outlets and entities operating according to the highest, internationally recognized professional norms to produce reliable and accurate information. 2. Providers of public interest journalism shall be identified through voluntary, self-regulatory European standards or European standardization deliverables as defined by Regulation (EU) No. 1025/2012 (‘technical standards’), which are transparently developed, governed and enforced. Any of those standards shall be based on internationally accepted best-practices and ethical norms to serve as legitimate criteria to implement the due prominence obligation. The application of these technical standards must be attributed and disclosed by and to all parties involved. 3. Appropriate measures as per this provision shall not discriminate on the basis of content or viewpoint. Intermediaries shall not treat non- compliance with or non-usage of such technical standards as a reason to exclude, down rank, demote or otherwise actively affect the visibility or monetization of content in a negative way. In order to demonstrate compliance with their duty to ensure due prominence for public interest journalism on their services, online intermediaries shall establish mandatory transparent mechanisms and metrics of indexation, regarding the discoverability and visibility in search ranks, news feeds and products, including the provision of data and information on prioritization, personalization, and recommendation algorithms, audits and complaints in an accountable manner. 4. A Digital Services Coordinator shall monitor and assess if appropriate measures adopted by online intermediaries under this article are sufficient to contribute to media pluralism and diversity in their respective national markets. To this end, the Digital Services Coordinator should rely on self- regulatory and co-regulatory mechanisms. 5. Recipients of services shall always have a clear and easily accessible choice to opt out of the appropriate measures designed to ensure due prominence to public interest journalism.
Amendment 1522 #
2020/0361(COD)
Proposal for a regulation
Article 24 b (new)
Article 24 b (new)
Article 24b Transparency on algorithm modifications 1. Providers of online platforms shall be transparent about changes in their referencing and recommendation rules, even if made on an experimental basis, and shall immediately inform the regulators, their users and the authors of referenced content, allowing these changes to be foreseen by those affected by them. 2. Users may refer to the regulator to ask it to give its opinion on the negative impact of changes to the referencing and recommendation rules, so that it can require the platform to remedy this impact.
Amendment 1525 #
2020/0361(COD)
Proposal for a regulation
Article 24 c (new)
Article 24 c (new)
Article 24c Neutrality Very large online platforms are subject to an obligation of political, ideological or religious neutrality, and may not promote political parties, opinions, or ideas.
Amendment 1537 #
2020/0361(COD)
Proposal for a regulation
Article 25 – paragraph 3 – subparagraph 1 a (new)
Article 25 – paragraph 3 – subparagraph 1 a (new)
Such a methodology shall ensure the following in relations to active recipients: (1) automated interactions, accounts or data scans by a non-human (“bots”) are not included; (2) that the mere viewing of a service without purchase, logging in or otherwise active identification of a recipient shall not be seen as an active recipient; (3) that the number shall be based on each service individually; (4) that recipients connected on multiple devices are counted only once; (5) that indirect use of service, via a third party or linking, shall not be counted; (6) where an online platform is hosted by another provider of intermediary services, that the active recipients are assigned solely to the online platform closest to the recipient; (7) the average number is maintained for a period of at least six months.
Amendment 1556 #
2020/0361(COD)
Proposal for a regulation
Article 26 – paragraph 1 – point a
Article 26 – paragraph 1 – point a
(a) the dissemination of illegal content and content that is in breach of their terms and conditions through their services;,
Amendment 1565 #
2020/0361(COD)
Proposal for a regulation
Article 26 – paragraph 1 – point b
Article 26 – paragraph 1 – point b
(b) any negative effects for the exercise of any of the fundamental rights listed in the Charter, in particular on the fundamental rights to respect for private and family life, freedom of expression and information, the prohibition of discrimination and the rights of the child, as enshrined in Articles 7, 11, 21 and 24 of the Charter respectively;
Amendment 1576 #
2020/0361(COD)
Proposal for a regulation
Article 26 – paragraph 1 – point c
Article 26 – paragraph 1 – point c
(c) intentional manipulation of their service and amplification of content that is in breach of their terms and conditions, including by means of inauthentic use, or automated exploitation of the service, with an actual or foreseeable negative effect on the protection of public health, minors, civic discourse, or actual or foreseeable effects related to electoral processes and public security.
Amendment 1590 #
2020/0361(COD)
Proposal for a regulation
Article 26 – paragraph 2
Article 26 – paragraph 2
2. When conducting risk assessments, very large online platforms shall take into account, in particular, how and whether their content moderation systems, recommender systems and systems for selecting and displaying advertisement influence any of the systemic risks referred to in paragraph 1, including the potentially rapid and wide dissemination of illegal content and of information that is incompatible with their terms and conditions.
Amendment 1602 #
2020/0361(COD)
Proposal for a regulation
Article 27 – paragraph 1 – introductory part
Article 27 – paragraph 1 – introductory part
1. Very large online platforms shall put in place reasonable, proportionate and effective mitigation measureseasures to mitigate the probability and severity of any, tailored to address the specific systemic risks identified pursuant to Article 26. Such measures may include, where applicable:
Amendment 1612 #
2020/0361(COD)
Proposal for a regulation
Article 27 – paragraph 1 – point a
Article 27 – paragraph 1 – point a
(a) adapting content moderation or recommender systems, their decision- making processes, design, the features or functioning of their services, or their terms and conditions;
Amendment 1613 #
2020/0361(COD)
Proposal for a regulation
Article 27 – paragraph 1 – point b
Article 27 – paragraph 1 – point b
(b) targeted measures aimed at limiting the display of and targeting of advertisements in association with the service they provide or the alternative placement and display of public service advertisements or other related factual information;
Amendment 1625 #
2020/0361(COD)
Proposal for a regulation
Article 27 – paragraph 1 a (new)
Article 27 – paragraph 1 a (new)
1a. Very large online platforms shall, where appropriate, conduct their risk assessments referred in Article 26 and design their risk mitigation measures with the involvement of representatives of the recipients of the service, representatives of groups potentially impacted by their services, independent experts and civil society organisations. Where no such involvement is taken, this shall be made clear in the transparency report referred to in Article 33.
Amendment 1641 #
2020/0361(COD)
Proposal for a regulation
Article 27 – paragraph 2 – subparagraph 1 a (new)
Article 27 – paragraph 2 – subparagraph 1 a (new)
The reports of the Board shall include information both broken down per Member State in which the systemic risks occur and in the Union as a whole. The reports shall be published in all the official languages of the Member States of the Union.
Amendment 1649 #
2020/0361(COD)
Proposal for a regulation
Article 27 – paragraph 3 a (new)
Article 27 – paragraph 3 a (new)
3a. The requirement to put in place mitigation measures shall not require an obligation to impose general monitoring or active fact-finding obligations.
Amendment 1653 #
2020/0361(COD)
Proposal for a regulation
Article 28 – paragraph 1 – introductory part
Article 28 – paragraph 1 – introductory part
1. Very large online platforms shall be subject, at their own expense and at least once a year, to independent audits to assess compliance with the following:
Amendment 1677 #
2020/0361(COD)
Proposal for a regulation
Article 28 – paragraph 3 – point f a (new)
Article 28 – paragraph 3 – point f a (new)
(fa) a description of specific elements that could not be audited, and an explanation of why these could not be audited;
Amendment 1679 #
2020/0361(COD)
Proposal for a regulation
Article 28 – paragraph 3 – point f b (new)
Article 28 – paragraph 3 – point f b (new)
(fb) where the audit opinion could not reach a conclusion for specific elements within the scope of the audit, a statement of reasons for the failure to reach such conclusion.
Amendment 1684 #
2020/0361(COD)
Proposal for a regulation
Article 28 – paragraph 4 a (new)
Article 28 – paragraph 4 a (new)
4a. Where an audit report finds in accordance with paragraph 1 that total compliance or partial compliance with only minor issues has been found, the very large online platform may request from the Commission a waiver or delay to further auditing reports. When granted, the maximum delay shall be two years since the last auditing report.
Amendment 1685 #
2020/0361(COD)
Proposal for a regulation
Article 28 – paragraph 4 b (new)
Article 28 – paragraph 4 b (new)
4b. Where an audit report contains information that could be misused in order to harm the security and privacy of receptions of the platform, the very large online platform may request from the Commission that such information is removed or summarised in any public version of the audit report. The Commission shall consider any such requests and may grant such a request if deemed merited.
Amendment 1691 #
2020/0361(COD)
Proposal for a regulation
Article 29 – paragraph 1
Article 29 – paragraph 1
1. Very large online platforms that use recommender systems shall set out in their terms and conditions and on a designated web page that can be directly reached and easily found from the very large online platforms’ online interface, in a clear, accessible and easily comprehensible manner for the general public, the main parameters used in their recommender systems, the optimisation goals of their recommender systems as well as any options for the recipients of the service to modify or influence those main parameters that they may have made available, including at least one option which is not based on profiling, within the meaning of Article 4 (4) of Regulation (EU) 2016/679.
Amendment 1695 #
2020/0361(COD)
Proposal for a regulation
Article 29 – paragraph 1 – subparagraph 1 a (new)
Article 29 – paragraph 1 – subparagraph 1 a (new)
This duty is without prejudice to any trade secrets regarding the underlying algorithms. Very large online platforms are not required to disclose any information which could easily be used to manipulate search results to the detriment of customers and other end users.
Amendment 1710 #
2020/0361(COD)
Proposal for a regulation
Article 30 – title
Article 30 – title
Additional transparency for online advertising transparencyand "deep fakes" audiovisual media
Amendment 1725 #
2020/0361(COD)
Proposal for a regulation
Article 30 – paragraph 2 – point c a (new)
Article 30 – paragraph 2 – point c a (new)
(ca) the natural or legal person or group who paid for the advertisement;
Amendment 1740 #
2020/0361(COD)
Proposal for a regulation
Article 30 – paragraph 2 a (new)
Article 30 – paragraph 2 a (new)
2a. The Board shall, after consulting with trusted flaggers and vetted researchers, publish guidelines on the structure and organisation of repositories created pursuant to paragraph 1.
Amendment 1743 #
2020/0361(COD)
Proposal for a regulation
Article 30 – paragraph 2 b (new)
Article 30 – paragraph 2 b (new)
2b. Where a very large online platform becomes aware that a piece of content is a deep fake, the provider shall label the content in a way that informs that the content is inauthentic and that is clearly visible for the recipient of the services.
Amendment 1745 #
2020/0361(COD)
Proposal for a regulation
Article 30 – paragraph 2 c (new)
Article 30 – paragraph 2 c (new)
2c. The very large online platform shall design and organise its online interface in such a way that recipients of the service can easily and efficiently exercise their rights under applicable Union law in relation to the processing of their data for each specific advertisement displayed to the data subject on the platform, in particular: (a) to withdraw consent or to object to processing; (b) to obtain access to the data concerning the data subject; (c) to obtain rectification of inaccurate data concerning the data subject; (d) to obtain erasure of data without undue delay. Where a recipient exercises any of these rights, the online platform must inform any parties to whom the personal data concerned in points (a) to (d) have been enclosed.
Amendment 1748 #
2020/0361(COD)
Proposal for a regulation
Article 30 – paragraph 2 d (new)
Article 30 – paragraph 2 d (new)
2d. Where a recipient exercises any of the rights referred to points (a), (c) or(d) in paragraph 2c, the online platform must without undue delay cease displaying advertisements using the personal data concerned or using parameters which were set using this data.
Amendment 1749 #
2020/0361(COD)
Proposal for a regulation
Article 30 – paragraph 2 e (new)
Article 30 – paragraph 2 e (new)
2e. Very large online platforms that display advertising on their online interfaces shall ensure that advertisers: (a) can request and obtain information on where their advertisements have been placed; (b) can request and obtain information on which broker treated their data;
Amendment 1761 #
2020/0361(COD)
Proposal for a regulation
Article 31 – paragraph 4
Article 31 – paragraph 4
4. In order to be vetted, researchers shall: (1) be affiliated with academic institutions, be independent from commercial interests, within the Union and the institutions certifies that the researcher is a researcher in good standing (2) be independent from commercial interests, including any very large online platforms (3) be independent from any government, administrative or other state bodies, outside the academic institution of affiliation if public, (4) have undergone an independent background and security investigation, subject to the national legislation of the Member State of residence. (5) be a resident of the Union; (6) have proven records of expertise in the fields related to the risks investigated or related research methodologies, and (7) shall commit and be in a capacity to preserve the specific data security and confidentiality requirements corresponding to each request.
Amendment 1768 #
2020/0361(COD)
Proposal for a regulation
Article 31 – paragraph 4 a (new)
Article 31 – paragraph 4 a (new)
4a. Where a very large online platform or a Digital Services Coordinator has grounds to believe that a researcher is acting outside the purpose of paragraph 2 or no longer respects the conditions of paragraph 4, access to data shall be withdrawn and the Digital Services Coordinator of establishment shall decide if and when access shall be restored and under what conditions.
Amendment 1787 #
2020/0361(COD)
Proposal for a regulation
Article 31 – paragraph 7 a (new)
Article 31 – paragraph 7 a (new)
7a. Digital Service Coordinators and the Commission shall, once a year, report the following information: (a) the number of requests made to them as referred to in paragraphs 1 and 2; (b) the number of such requests that have been declined or withdrawn by the Digital Service Coordinator or the Commission and the reasons for which they have been declined or withdrawn, including following a request to the Digital Service Coordinator or the Commission from a very large online platform to amend a request as referred to in paragraphs 1 and 2.
Amendment 1799 #
2020/0361(COD)
Proposal for a regulation
Article 33 – paragraph 1 – subparagraph 1 a (new)
Article 33 – paragraph 1 – subparagraph 1 a (new)
Such reports shall include content moderation information separated and presented for each Member State in which the services are offered and for the Union as a whole. The reports shall be published in at least one of the official languages of the Member States of the Union in which services are offered.
Amendment 1815 #
2020/0361(COD)
Proposal for a regulation
Article 34 – paragraph 1 – introductory part
Article 34 – paragraph 1 – introductory part
1. The Commission shall support and promote the development and implementation of voluntary industry standards or standardisation deliverables set by relevant European and international standardisation bodies at least for the following:
Amendment 1827 #
2020/0361(COD)
Proposal for a regulation
Article 34 – paragraph 1 – point f a (new)
Article 34 – paragraph 1 – point f a (new)
(fa) accessibility of elements and functions of online platforms and digital services for persons with disabilities aiming at consistency and coherence with existing harmonised accessibility requirements when these elements and functions are not already covered by existing harmonised European standards
Amendment 1828 #
2020/0361(COD)
Proposal for a regulation
Article 34 – paragraph 1 – point f a (new)
Article 34 – paragraph 1 – point f a (new)
(fa) self-regulatory, certifiable and machine-readable criteria for the transparency of ownership and professionalism of editorial processes to identify reliable sources of information pursuant to Article 24 a;
Amendment 1840 #
2020/0361(COD)
Proposal for a regulation
Article 34 – paragraph 2 a (new)
Article 34 – paragraph 2 a (new)
Amendment 1856 #
2020/0361(COD)
Proposal for a regulation
Article 35 – paragraph 2
Article 35 – paragraph 2
2. Where significant systemic risk within the meaning of Article 26(1) emerge and concern several very large online platforms, the Commission mayshall invite the very large online platforms concerned, other very large online platforms, other online platforms and other providers of intermediary services, as appropriate, as well as civil society organisations and other interested parties, to participate in the drawing up of codes of conduct, including by setting out commitments to take specific risk mitigation measures, as well as a regular reporting framework on any measures taken and their outcomes.
Amendment 1860 #
2020/0361(COD)
Proposal for a regulation
Article 35 – paragraph 2 a (new)
Article 35 – paragraph 2 a (new)
2a. With the exception of actions under Article 27 (1e), providers of intermediary services shall not be required to subscribe to such codes of conduct other than on a voluntary basis and may withdraw its agreement at any time.
Amendment 1868 #
2020/0361(COD)
Proposal for a regulation
Article 35 – paragraph 3
Article 35 – paragraph 3
3. When giving effect to paragraphs 1 and 2, the Commission and the Board shall aim to ensure that the codes of conduct clearly set out their objectives, contain key performance indicators to measure the achievement of those objectives and take due account of the needs and interests of all interested parties, including citizens, at Union level. The Commission and the Board shall also aim to ensure that participants report regularly as needed to the Commission and their respective Digital Service Coordinators of establishment on any measures taken and their outcomes, as measured against the key performance indicators that they contain.
Amendment 1874 #
2020/0361(COD)
Proposal for a regulation
Article 35 – paragraph 5
Article 35 – paragraph 5
5. The Board shall regularly monitor and evaluate the achievement of the objectives of the codes of conduct, having regard to the key performance indicators that they may contain. In case of systematic and repetitive failure to comply with the Codes of Conduct, the Board shall as a measure of last resort take a decision to temporary suspend or definitely exclude platforms that do not meet their commitments as a signatory to the Codes of Conduct.
Amendment 1882 #
2020/0361(COD)
Proposal for a regulation
Article 36 – paragraph 1
Article 36 – paragraph 1
1. The Commission shall encourage and facilitate the drawing up of codes of conduct at Union level between, online platforms and other relevant service providers, such as providers of online advertising intermediary services or organisations representing recipients of the service and civil society organisations or relevant authorities to contribute to further transparency infor all actors in the online advertising value chain, beyond the requirements of Articles 24 and 30.
Amendment 1889 #
2020/0361(COD)
Proposal for a regulation
Article 36 – paragraph 3
Article 36 – paragraph 3
3. The Commission shall encourage the development of the codes of conduct within one year following the date of application of this Regulation and their application no later than six months after that date. The Commission shall evaluate the application of those codes three years after the application of this Regulation.
Amendment 1892 #
2020/0361(COD)
Proposal for a regulation
Article 36 – paragraph 3 a (new)
Article 36 – paragraph 3 a (new)
3a. The Commission shall encourage all the actors in the online advertising eco-system to endorse and comply with the commitments stated in the codes of conduct.
Amendment 1918 #
2020/0361(COD)
Proposal for a regulation
Article 38 – paragraph 4 a (new)
Article 38 – paragraph 4 a (new)
4a. Member States shall ensure that the competent authorities have adequate financial and human resources, as well as legal and technical expertise to fulfil their tasks under this Regulation.
Amendment 1926 #
2020/0361(COD)
Proposal for a regulation
Article 40 – paragraph 1
Article 40 – paragraph 1
1. The Member State in which the main establishment of the provider of intermediary services is located shall have jurisdiction for the purposes of Chapters III and IV of this Regulation and final jurisdiction as to disputes on orders issued under Article 8 and 9.
Amendment 1935 #
2020/0361(COD)
Proposal for a regulation
Article 40 – paragraph 3 a (new)
Article 40 – paragraph 3 a (new)
3a. Paragraph 3 shall not apply to providers of intermediary services that qualify as micro or small enterprises within the meaning of the Annex to Recommendation 2003/361/EC and which are not very large online platforms. Such enterprises shall be deemed to be under the jurisdiction of the Member State where their point of contact resides or is established. Where no point of contract is established or resides in a Member State, paragraph 3 shall apply.
Amendment 1955 #
2020/0361(COD)
Proposal for a regulation
Article 41 – paragraph 6 a (new)
Article 41 – paragraph 6 a (new)
6a. The Commission shall publish guidelines by [six months after adoption] on the powers and procedures of the Digital Services Coordinators. Member States shall follow these guidelines or explain otherwise to the Commission.
Amendment 1962 #
2020/0361(COD)
Proposal for a regulation
Article 42 – paragraph 4 a (new)
Article 42 – paragraph 4 a (new)
4a. Member States shall ensure that administrative or judicial authorities issuing orders pursuant to Article 8 and 9 shall only issue penalties or fines in line with this Article.
Amendment 1963 #
2020/0361(COD)
Proposal for a regulation
Article 42 a (new)
Article 42 a (new)
Amendment 1987 #
2020/0361(COD)
Proposal for a regulation
Article 45 – paragraph 1 – subparagraph 2
Article 45 – paragraph 1 – subparagraph 2
Where the Board has reasons to suspect that a provider of intermediary services infringed this Regulation in a manner involving at least threefour Member States, it may recommend the Digital Services Coordinator of establishment to assess the matter and take the necessary investigatory and enforcement measures to ensure compliance with this Regulation.
Amendment 1993 #
2020/0361(COD)
Proposal for a regulation
Article 45 – paragraph 2 a (new)
Article 45 – paragraph 2 a (new)
2a. A request or recommendation pursuant to paragraph 1 shall be at the same time as it is communicated to the Digital Services Coordinator of establishment be transmitted to the Commission. Where the Commission believes that the request or recommendation is unmerited or where the Commission is currently taking action on the same substantial matter, the Commission can ask for the request or recommendation to be withdrawn.
Amendment 2017 #
2020/0361(COD)
Proposal for a regulation
Article 46 – paragraph 1 – subparagraph 1
Article 46 – paragraph 1 – subparagraph 1
Digital Services Coordinators may participate in joint investigations, which may be coordinated with the support of the Board, with regard to matters covered by this Regulation, concerning providers of intermediary services operating in several Member States. Such joint investigations shall be under the supervision of Digital Services Coordinator of establishment of the provider under investigation,
Amendment 2030 #
2020/0361(COD)
Proposal for a regulation
Article 47 – paragraph 1
Article 47 – paragraph 1
1. An independent advisory group of Digital Services Coordinators on the supervision of providers of intermediary services named ‘European Board for Digital Services’ (the ‘Board’) is established and shall have legal personality.
Amendment 2049 #
2020/0361(COD)
Proposal for a regulation
Article 48 – paragraph 1
Article 48 – paragraph 1
1. The Board shall be composed of the Digital Services Coordinators, who shall be represented by high-level officials. Where provided for by national law, other competent authorities entrusted with specific operational responsibilities for the application and enforcement of this Regulation alongside the Digital Services Coordinator shallmay participate in the Board. Other national authorities may be invited to the meetings, where the issues discussed are of relevance for them. Member State has more than one representative present, solely the final word of the Digital Services Coordinator shall be taken as the position of the Member State in question.
Amendment 2054 #
2020/0361(COD)
Proposal for a regulation
Article 48 – paragraph 2 – subparagraph 1 a (new)
Article 48 – paragraph 2 – subparagraph 1 a (new)
Where a Member State has more than one representative present, solely the Digital Services Coordinator shall be able to vote.
Amendment 2067 #
2020/0361(COD)
Proposal for a regulation
Article 48 – paragraph 5 a (new)
Article 48 – paragraph 5 a (new)
5a. The Board shall, where appropriate, consult interested parties and give them the opportunity to comment within a reasonable period. The Board shall make the results of the consultation procedure publicly available.
Amendment 2070 #
2020/0361(COD)
Proposal for a regulation
Article 48 – paragraph 6
Article 48 – paragraph 6
6. The Board shall adopt its rules of procedure by a two-thirds majority of its members, following the consent of the Commission.
Amendment 2092 #
2020/0361(COD)
Proposal for a regulation
Article 49 a (new)
Article 49 a (new)
Article 49a Reports 1. The Board shall draw up an annual report regarding its actions. The report shall be made public and be transmitted to the European Parliament, to the Council and to the Commission in all official languages of the Member States. 2. The annual report shall include, among other information, a review of the practical application of the opinions, guidelines, recommendations advice and any other measures taken under Article 49(1).
Amendment 2093 #
2020/0361(COD)
Proposal for a regulation
Article 49 b (new)
Article 49 b (new)
Article 49b Confidentiality 1. The discussions of the Board shall be confidential where the Board deems it necessary, as provided for in its rules of procedure. 2. Access to documents submitted to members of the Board, experts and representatives of third parties shall be governed by Regulation (EC) No 1049/2001 of the European Parliament and of the Council.
Amendment 2140 #
2020/0361(COD)
Proposal for a regulation
Article 51 a (new)
Article 51 a (new)
Article 51a Requirements for the Commission 1. The Commission shall perform its tasks under this Regulation in an impartial, transparent and timely manner. The Commission shall ensure that its units given responsibility for this regulation have the adequate technical, financial and human resources to carry out their tasks. 2. When carrying out their tasks and exercising their powers in accordance with this Regulation, the Commission shall act with complete independence. They shall remain free from any external influence, whether direct or indirect, and shall neither seek nor take instructions from any other public authority or any private party.
Amendment 2145 #
2020/0361(COD)
Proposal for a regulation
Article 52 – paragraph 2
Article 52 – paragraph 2
2. When sending a simple request for information to the very large online platform concerned or other person referred to in Article 52(1), the Commission shall state the legal basis and the purpose of the request, specify what information is required and set the time period within which the information is to be provided, and the penalties provided for in Article 59 for supplying incorrect or misleading information. The purpose shall include reasoning on why and how the information is necessary, proportionality to the purpose and cannot be received by other means.
Amendment 2150 #
2020/0361(COD)
Proposal for a regulation
Article 52 – paragraph 4
Article 52 – paragraph 4
4. The owners of the very large online platform concerned or other person referred to in Article 52(1) or their representatives and, in the case of legal persons, companies or firms, or where they have no legal personality, the persons authorised to represent them by law or by their constitution shall supply the information requested on behalf of the very large online platform concerned or other person referred to in Article 52(1). Lawyers duly authorised to act may supply the information on behalf of their clients. The latter shall remain fully responsible if the information supplied is incomplete, incorrect or misleading.
Amendment 2223 #
2020/0361(COD)
Proposal for a regulation
Article 59 – paragraph 4
Article 59 – paragraph 4
4. In fixing the amount of the fine, the Commission shall have regard to the nature, gravity, duration and recurrence of the infringement, any fines issued under Article 42 and need to avoid double sanctioning the same infringement and, for fines imposed pursuant to paragraph 2, the delay caused to the proceedings.
Amendment 2282 #
2020/0361(COD)
Proposal for a regulation
Article 69 – paragraph 2
Article 69 – paragraph 2
2. The delegation of power referred to in Articles 23, 25, 31 and 314 shall be conferred on the Commission for an indeterminate period of time from [date of expected adoption of the Regulation].
Amendment 2284 #
2020/0361(COD)
Proposal for a regulation
Article 69 – paragraph 3
Article 69 – paragraph 3
3. The delegation of power referred to in Articles 23, 25, 31 and 314 may be revoked at any time by the European Parliament or by the Council. A decision of revocation shall put an end to the delegation of power specified in that decision. It shall take effect the day following that of its publication in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.
Amendment 2292 #
2020/0361(COD)
Proposal for a regulation
Article 73 – paragraph 4 a (new)
Article 73 – paragraph 4 a (new)
4a. By three years from the date of application of this Regulation at the latest, the Commission shall carry out an assessment of any impact of the costs to European service providers of any similar requirements, including those of Article 11, introduced by third-party states and any new barriers to non-EU market access after the adoption of this Regulation. The Commission shall also access the impact on the ability of European businesses and consumers to access and buy products and services from outside the Union.
Amendment 2293 #
2020/0361(COD)
Proposal for a regulation
Article 74 – paragraph 1 a (new)
Article 74 – paragraph 1 a (new)
1a. Chapter III, section 4 shall apply from [date - 3 months after its entry into force].
Amendment 2294 #
2020/0361(COD)
Proposal for a regulation
Article 74 – paragraph 2
Article 74 – paragraph 2
2. ItThis Regulation, with the exception of Chapter III section 4, shall apply from [date - threwelve months after its entry into force].
Amendment 56 #
2020/0360(COD)
Proposal for a regulation
Recital 4 a (new)
Recital 4 a (new)
(4 a) The target agreed in the conclusions of the March 2002 Barcelona European Council for Member States to have a level of electricity interconnections equivalent to at least 10 % of their installed production capacity has not yet been achieved. In its conclusions of 23 and 24 October 2014, the European Council endorsed an electricity interconnection target of at least 15 %. The communication of the Commission of 23 November 2017 on strengthening Europe's energy networks assesses progress towards achieving the 10 % interconnection target and suggests ways in which to operationalise the 15 % interconnection target for2030, provided that system benefits outweigh costs, while acknowledging that many Member States require significantly higher interconnection levels, in particular by taking into account the urgency indicators developed by the Interconnection expert group (ITEG).
Amendment 70 #
2020/0360(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) Security of supply, as one main driver behind Regulation (EU) No 347/2013, has been significantly improved through projects of common interest. Moreover, the Commission’s climate target impact assessment27 expects the consumption of natural gas to be reduced significantly because its non-abated use is not compatible with carbon-neutrality. On the other hand, the consumption of biogas, renewable and low-carbon hydrogen and synthetic gaseous fuels will increase significantly towards 2050. Therefore, the natural gas infrastructure no longer needs support through the TEN-E policy should be technology neutral and based on life cycle emissions assessments to avoid future lock-in effects. The planning of energy infrastructure should reflect this changing gas landscape. _________________ 27 SWD(2020) 176 final
Amendment 88 #
2020/0360(COD)
Proposal for a regulation
Recital 18
Recital 18
(18) Furthermore, to achieve the Union’s 2030 and 2050 climate and energy targets and climate neutrality objective, Europe needs to significantly scale up renewable electricity generation. The existing infrastructure categories for electricity transmission and storage are crucial for the integration of the significant increase in renewable electricity generation in the power grid. In addition, that requires stepping up investment in offshore renewable energy30 . Coordinating long- term planning and development of offshore and onshore electricity grids should also be addressed. In particular, offshore infrastructure planning should move away from the project-by-project approach towards a coordinated comprehensive approach ensuring the sustainable development of integrated offshore grids in line with the offshore renewable potential of each sea basin, environmental protection and other uses of the sea. It should be taken into account, that the possibilities of producing offshore wind power differ in different regions of the Union. Commitments and other solutions concerning offshore wind power should be made in connection to other decisions relating to the production of renewable energy. _________________ 30 Offshore Strategy Communication
Amendment 95 #
2020/0360(COD)
Proposal for a regulation
Recital 23
Recital 23
(23) Following close consultations with all Member States and stakeholders, the Commission has identified 13 strategic trans-European energy infrastructure priorities, the implementation of which is essential for the achievement of the Union’s 2030 and 2050 energy and climate policy targets. Those priorities cover different geographic regions or thematic areas in the field of electricity transmission and storage, offshore grids for renewable energy, hydrogen transmission and storage, electrolysers, smart gas grids, smart electricity grids, and carbon dioxide transport and storage.
Amendment 99 #
2020/0360(COD)
Proposal for a regulation
Recital 26
Recital 26
(26) A new Union list of project of common interest (‘Union list’) should be established every two years. Projects of common interest that are completed or that no longer fulfil the relevant criteria and requirements as set out in this Regulation should not appear on the next Union list. For that reason, existing projects of common interest that are to be included in the next Union list should be subject to the same selectionHowever PCI projects which have reached sufficient maturity (under construction or in permitting), are part of the national development strategic plans and are demonstrating steady and concrete procgress for the establishment of regional lists and for the establishment of the Union list applied to proposed projects. However t, as per their implementation plan, should be automatically re- confirmed in the future PCI lists until their commissioning without imposing reapplication by project promoters. The resulting administrative burden should be reduced as much as possible, for example by using to the extent possible information submitted previously, and by taking account of the annual reports of the project promoters. To that end, existing projects of common interest that have made significant progress should benefit from a streamlined inclusion process in the Union-wide ten- year network development plan.
Amendment 110 #
2020/0360(COD)
Proposal for a regulation
Recital 47
Recital 47
(47) Grants for works related to projects of mutual interest should be available only for the investments located on the territory of the Union and only in case where at least twoone Member States contributes financially in a significant manner to the investment costs of the project in view of its benefits.
Amendment 132 #
2020/0360(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 9
Article 2 – paragraph 1 – point 9
(9) ‘smart gas grid’ means a gas network that makes use of innovative digital solutions to integrate in a cost efficient manner a plurality of low-carbon and renewable gas sources and their blends with methane in accordance with consumers’ needs and gas quality requirements in order to reduce the carbon footprint of the related gas consumption, enable an increased share of renewable and low-carbon gases, and create links with other energy carriers and sectors;
Amendment 135 #
2020/0360(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 9 a (new)
Article 2 – paragraph 1 – point 9 a (new)
(9 a) “Repurposing” means the technical upgrade or modification of existing natural gas infrastructure for dedicated transmission of pure hydrogen;
Amendment 137 #
2020/0360(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 9 b (new)
Article 2 – paragraph 1 – point 9 b (new)
(9 b) “Retrofitting” means the technical upgrade or modification of existing natural gas infrastructure to enable or increase blending of hydrogen or biomethane with methane;
Amendment 153 #
2020/0360(COD)
Proposal for a regulation
Article 3 – paragraph 4 – introductory part
Article 3 – paragraph 4 – introductory part
4. The Commission shall be empowered to adopt delegated acts in accordance with Article 20 of this Regulation amending annexes to this Regulation in order to establish the Union list of projects of common interest (‘Union list’), not excluding gas infrastructure where this solution clearly proves to bring a significant contribution to the decarbonisation of the energy system in the region, to the social and economic development of the area considering the cohesion targets of the Union, subject to the second paragraph of Article 172 of the Treaty on the Functioning of the European Union.
Amendment 181 #
2020/0360(COD)
Proposal for a regulation
Article 4 – paragraph 2 – point f a (new)
Article 4 – paragraph 2 – point f a (new)
Amendment 219 #
2020/0360(COD)
Proposal for a regulation
Article 4 – paragraph 3 a (new)
Article 4 – paragraph 3 a (new)
3 a. Natural gas infrastructure shall be considered as projects of common interest and have access to Connecting Europe Facility under the category “smart gas grids” under the following criteria: (a) natural gas transmission pipeline projects which enables the transition from coal to natural gas, taking into account that the pipelines fulfil all necessary sustainability measures and technical requirements to transport 100% hydrogen and allow interconnection within coal regions of at least two Member States, based on the reference to the National Climate and Energy Plans including the scope of the TYNDPs.; (b) natural gas transmission pipeline projects provided that the pipelines can transport hydrogen based on the reference to the National Climate and Energy Plans including the scope of the TYNDPs;
Amendment 263 #
2020/0360(COD)
Proposal for a regulation
Article 11 – paragraph 12
Article 11 – paragraph 12
12. The consistent and interlinked model referred to in paragraph 11 shall cover at least the respective sectors’ interlinkages at all stages of infrastructure planning, specifically scenarios, and the infrastructure gaps identification therein in particular with respect to cross-border capacities within the scenarios, and projects assessment. The ENTSO-E and ENTSO G shall include in the interlinked model a roadmap for the future inclusion of other sectors relevant to the sound development of the electricity system and to the gas system and in accordance with the European, national and regional development strategies.
Amendment 277 #
2020/0360(COD)
Proposal for a regulation
Article 13 – paragraph 1 – subparagraph 1
Article 13 – paragraph 1 – subparagraph 1
When assessing the infrastructure gaps the ENTSO for Electricity and the ENTSO for Gas shall implement the energy efficiency first principle and consider with priority all relevant non-infrastructure related solutions to address the identified gaps. Where there are considerable gaps in the infrastructure the ENTSO E and ENTSO G shall consider the appropriate technical solution taking into account the specificity of the area, the differences between the degree of the pollution of the present energy solutions used in the region and the new proposed technology, national development strategies and the cohesion policy. Where using natural gas infrastructure is of ut most important for the region and the only efficient solution with a considerable contribution to the decarbonisation and the possibility to reconvert it to low carbon gases the projects shall be considered eligible.
Amendment 328 #
2020/0360(COD)
Proposal for a regulation
Annex I – Part 4 – point 12 – introductory part
Annex I – Part 4 – point 12 – introductory part
(12) Cross-border carbon dioxide network: development of carbon dioxide transport and storage infrastructure between Member States and with neighbouring third countries in view of the deployment of carbon dioxide capture and storage.
Amendment 341 #
2020/0360(COD)
Proposal for a regulation
Annex II – paragraph 1 – point 2 – point a
Annex II – paragraph 1 – point 2 – point a
(a) any of the following equipment or installation aiming at enabling and facilitating the integration of renewable and low-carbon gases (including biomethane or hydrogen), synthetic methane or hydrogen) and their blends with methane into the network: digital systems and components integrating ICT, control systems and sensor technologies to enable the interactive and intelligent monitoring, metering, quality control and management of gas production, transmission, distribution, storage and consumption within a gas network. Furthermore, such projects may also include connections from renewable and low-carbon gases production facilities into transmission grid, equipment to enable reverse flows from the distribution to the transmission level and related necessary upgrades to the existing network. , such as upgrades of various gas infrastructure parts to retrofit network assets to be compatible to transport renewable and low-carbon gases in blends of methane and hydrogen. Hydrogen infrastructure as listed in points (a), (b), (c), and (d) may be used in the transitional period for the purposed of blending of hydrogen with methane until there is sufficient market demand to make pure hydrogen economically feasible.
Amendment 345 #
2020/0360(COD)
Proposal for a regulation
Annex II – paragraph 1 – point 3 – point a
Annex II – paragraph 1 – point 3 – point a
(a) transmission pipelines for the transport of hydrogen including the repurposed natural gas infrastracture, giving access to multiple network users on a transparent and non-discriminatory basis, which mainly contains high-pressure hydrogen pipelines, excluding pipelines for the local distribution of hydrogen;
Amendment 355 #
2020/0360(COD)
Proposal for a regulation
Annex II – paragraph 1 – point 3 – point d – paragraph 1
Annex II – paragraph 1 – point 3 – point d – paragraph 1
Any of the assets listed in points (a), (b), (c), and (d) may be newly constructed assets or assets convertrepurposed from natural gas dedicated to hydrogen, or a combination of the two. Hydrogen infrastructure as listed in point (a),(b), (c) and (d) may be used in a transitional period for the purpose of blends of hydrogen with methane or methane”
Amendment 369 #
2020/0360(COD)
Proposal for a regulation
Annex III – Part 1 – point 2
Annex III – Part 1 – point 2
(2) depending on the number of candidate projects for the Union list, regional infrastructure gaps and market developments, the Groups and the decision-making bodies of the Groups may split, merge or meet in different configurations, as necessary, to discuss matters common to all Groups or pertaining solely to particular regions. Such matters may include issues relevant to cross-regional consistency or the number of proposed projects included on the draft regional lists at risk of becoming unmanageable. To ensure a consistent development of the network, within their respective regional group, TSOs shall have the opportunity to coordinate with competent NRAs and competent Member States the opinion on projects not promoted by them but developed in their country creating the necessary synergies with the national development strategies and with the cohesion policy.
Amendment 377 #
2020/0360(COD)
Proposal for a regulation
Annex III – Part 2 – point 6
Annex III – Part 2 – point 6
(6) proposed carbon dioxide transport and storage projects falling under the category set out in point (5) of Annex II shall be presented as part of a plan, developed by at least two Member States, for the development of cross-border carbon dioxide transport and storage infrastructure, to be presented by the Member States concerned or entities designated by those Member States to the Commission.
Amendment 95 #
2020/0359(COD)
Proposal for a directive
Recital 30
Recital 30
(30) Access to correct and timely information on vulnerabilities affecting ICT products and services contributes to an enhanced cybersecurity risk management. In that regard, sources of publicly available information on vulnerabilities are an important tool for entities and their users, but also national competent authorities and CSIRTs. For this reason, ENISA should establish a vulnerability registrydatabase where, essential and important entities and their suppliers, as well as entities which do not fall in the scope of application of this Directive may, on a voluntary basis, disclose vulnerabilities and provide the vulnerability information that allows users to take appropriate mitigating measures.
Amendment 171 #
2020/0359(COD)
Proposal for a directive
Article 6 – title
Article 6 – title
Coordinated vulnerability disclosure and a European vulnerability registrydatabase
Amendment 175 #
2020/0359(COD)
Proposal for a directive
Article 6 – paragraph 2
Article 6 – paragraph 2
2. ENISA shall develop and maintain a European vulnerability registrydatabase. To that end, ENISA shall establish and maintain the appropriate information systems, policies and procedures as well as the appropriate disclosure policies with a view in particular to enabling important and essential entities and their suppliers of network and information systems to disclose and easily register vulnerabilities present in ICT products or ICT services, as well as to provide access to the relevant information on vulnerabilities contained in the registry to all interested parties. The registry, provided that such actions do not undermine the protection of confidentiality and trade secrets. The vulnerability database shall, in particular, include information describing the vulnerability, the affected ICT product or ICT services and the severity of the vulnerability in terms of the circumstances under which it may be exploited, the availability of related patches and, in the absence of available patches, guidance addressed to users of vulnerable products and services as to how the risks resulting from disclosed vulnerabilities may be mitigated.
Amendment 209 #
2020/0359(COD)
Proposal for a directive
Article 18 – paragraph 2 – point d
Article 18 – paragraph 2 – point d
(d) measures for supply chain security risk assessment including on security- related aspects concerning the relationships between each entity and its suppliers or service providers such as providers of data storage and processing services or managed security services;
Amendment 210 #
2020/0359(COD)
Proposal for a directive
Article 18 – paragraph 2 – point f
Article 18 – paragraph 2 – point f
(f) policies and procedures (testing and auditing) and regular cybersecurity exercises to assess the effectiveness of cybersecurity risk management measures;
Amendment 215 #
2020/0359(COD)
Proposal for a directive
Article 18 – paragraph 2 – point g a (new)
Article 18 – paragraph 2 – point g a (new)
(ga) security training and awareness.
Amendment 220 #
2020/0359(COD)
Proposal for a directive
Article 18 – paragraph 6
Article 18 – paragraph 6
6. The Commission, is empowered to adopt delegated actn cooperation with the Cooperation Group and ENISA, shall provide guidance and best practices ion accordance with Article 36 to supplement the elthe compliance by entities in a proportionate manner with the requirements, laid down in paragraph 2 to take account of new cyber threats, technological developments or sectorial specificitie, and in particular to the requirement in point (d) of that paragraph. In developing delegated acts, the Commission shall also consult all relevant stakeholders.
Amendment 225 #
2020/0359(COD)
Proposal for a directive
Article 20 – paragraph 1
Article 20 – paragraph 1
1. Member States shall ensure that essential and important entities notify, without undue delay, the competent authorities or the CSIRT in accordance with paragraphs 3 and 4 of any incident having a significant impact on the provision of their services. Where appropriate, those entities shall notify, without undue delay, the recipients of their services of incidents that are likely to adversely affect the provision of that service. Member States shall ensure that those entities report, among others, any information enabling the competent authorities or the CSIRT to determine any cross-border impact of the incident. Member States shall establish a single entry point for all notifications required under this Directive and under other Union law, such as Regulation (EU) 2016/679 and Directive 2002/58/EC. ENISA, in cooperation with the Cooperation Group shall develop common notification templates for the reporting information requested by Union law.
Amendment 249 #
2020/0359(COD)
Proposal for a directive
Article 21 – paragraph 1
Article 21 – paragraph 1
1. In order to demonstrate compliance with certain requirements of Article 18, Member States may requirafter having consulted the Cooperation Group, with the aim of ensuring harmonisation at Union level, shall encourage essential and important entities to certify certain ICT products, ICT services and ICT processes under specific, either developed by the essential or important entity or procured from third parties, under European cybersecurity certification schemes adopted pursuant to Article 49 of Regulation (EU) 2019/881. The products, services and processes subject to certification may be developed by an essential or important entity or procured from third parti or under similar internationally recognised certification schemes.
Amendment 252 #
2020/0359(COD)
Proposal for a directive
Article 21 – paragraph 2
Article 21 – paragraph 2
2. The Commission shall be empowered to adopt delegated acts specifyingregularly assess the efficiency and use of the adopted European cybersecurity certification schemes under Article 49 of Regulation (EU) 2019/881 and shall identify which categories of essential entities shall be requirencouraged to obtain a certificate and under which specific European cybersecurity certification schemes pursuant to paragraph 1. The delegated acts shall be adopted in accordance with Article 36.
Amendment 255 #
2020/0359(COD)
Proposal for a directive
Article 23 – title
Article 23 – title
Databases infrastructure of domain names and registration data
Amendment 258 #
2020/0359(COD)
Proposal for a directive
Article 23 – paragraph 1
Article 23 – paragraph 1
1. For the purpose of contributing to the security, stability and resilience of the DNS, Member States shall ensure that TLD registries and the entities providing domain name registration services for the TLD shallare required to collect and maintain accurate, verified and complete domain name registration data in a dedicated database facility with due diligence subject to Union data protection law as regards data which are personal data.
Amendment 260 #
2020/0359(COD)
Proposal for a directive
Article 23 – paragraph 2
Article 23 – paragraph 2
2. Member States shall ensure that the databases infrastructure of domain name registration data referred to in paragraph 1 contains relevant information, which shall include at least the registrants’ name, their physical and email address as well as their telephone number, to identify and contact the holders of the domain names and the points of contact administering the domain names under the TLDs.
Amendment 266 #
2020/0359(COD)
Proposal for a directive
Article 23 – paragraph 3
Article 23 – paragraph 3
3. Member States shall ensure that the TLD registries and the entities providing domain name registration services for the TLD have policies and procedures in place to ensure that the databases infrastructure includes accurate, verified and complete information. Member States shall ensure that such policies and procedures are made publicly available.
Amendment 271 #
2020/0359(COD)
Proposal for a directive
Article 23 – paragraph 5
Article 23 – paragraph 5
5. Member States shall ensure that the TLD registries and the entities providing domain name registration services for the TLD are required toprovide access to specific domain name registration data upon lawful and. including personal data, upon duly justified requests of legitimate access seekers, in compliance with Union data protection law. Member States shall ensure that the TLD registries and the entities providing domain name registration services for the TLD reply without undue delay and in any event within 72 hours to all requests for access. Member States shall ensure that policies and procedures to disclose such data are made publicly available.
Amendment 292 #
2020/0359(COD)
Proposal for a directive
Article 31 – paragraph 4
Article 31 – paragraph 4
4. Member States shall ensure that infringements of the obligations laid down in Article 18 or Article 20 shall, in accordance with paragraphs 2 and 3 of this Article, be subject to administrative fines of a maximum of at least 10 000 000 EUR or up to 2% of the total worldwide annual turnover of the undertaking to which the essential or important entity belongs in the preceding financial year, whichever is higher.
Amendment 121 #
2020/0353(COD)
Proposal for a regulation
Recital 23
Recital 23
(23) Batteries placed on the Union market should be durable and highly performant. It is therefore necessary to set out performance and durability parameters for portable batteries of general use as well as for rechargeable industrial batteries and electric vehicle batteries. For electric vehicle batteries, the informal UNECE Working Group on Electric Vehicles and the Environment is developing in-vehicle durability requirements, so this Regulation is refraining from setting additional durability requirements. On the other hand, in the area of batteries for energy storage, existing measurement methods to test battery performance and durability are not considered sufficiently precise and representative to enable introducing minimum requirements. The introduction of minimum requirements related to performance and durability of these batteries should be accompanied by available adequate harmonised standards or common specifications. In general, the Commission should assess the complementarity of Union's and international rules in order to ensure a stable and positive regulatory environment helping innovation and competitiveness. The Commission should consider revising potentially burdensome requirements and aligning these with international norms.
Amendment 145 #
2020/0353(COD)
Proposal for a regulation
Recital 31
Recital 31
(31) A number of product-specific requirements under this Regulation, including on performance, durability, repurposing and safety, should be measured by using reliable, accurate and reproducible methods that take into account the generally recognised state-of- the-art measurements and calculation methodologies. In order to ensure that there are no barriers to trade on the internal market, standards should be harmonised at Union level. Such methods and standards should, to the extent possible, take into account the real-life usage of batteries, reflect the average range of consumer behaviour and be robust in order to deter intentional and unintentional circumvention. Once a reference to such a standard has been adopted in accordance with Regulation (EU) No 1025/2012 of the European Parliament and of the Council35 and published in the Official Journal of the European Union, presumption of conformity shall be established with those product-specific requirements adopted on the basis of this Regulation, provided that the outcome of such methods demonstrate that the minimum values established for those substantive requirements are attained. In the absence of published standards at the time of the application of product-specific requirements, the Commission shouldorder to avoid doubling of standards, to maximise efficiency and to include the highest expertise and state-of art knowledge, the Commission should seek to request one or more European standardisation organisations to draft a standard in case of absence of such a standard. In the absence of published standards at the time of the application of product-specific requirements and in case of a non satisfactory response by the European standardisation body, the Commission should in exceptional, justified cases, adopt common specifications through implementing acts and the compliance with such specifications should also give rise to the presumption of conformity. In cases where the common specifications are, at a later stage, found to have shortcomings, the Commission should by implementing act amend or repeal the common specifications in question. If there is a justified need to adopt standards through implementing act, the Commission should also consult and actively involve relevant stakeholders. _________________ 35 Regulation (EU) No 1025/2012 of the European Parliament and of the Council of 25 October 2012 on European standardisation, amending Council Directives 89/686/EEC and 93/15/EEC and Directives 94/9/EC, 94/25/EC, 95/16/EC, 97/23/EC, 98/34/EC, 2004/22/EC, 2007/23/EC, 2009/23/EC and 2009/105/EC of the European Parliament and of the Council and repealing Council Decision 87/95/EEC and Decision No 1673/2006/EC of the European Parliament and of the Council (OJ L 316, 14.11.2012, p. 12)
Amendment 149 #
2020/0353(COD)
Proposal for a regulation
Recital 31 a (new)
Recital 31 a (new)
(31 a) An active involvement in the work of international standardisation committees is an important strategic prerequisite to place future technologies into the market. In some cases, participation of Europe has been underrepresented in these committees. Therefore, the Commission and Member States should actively support the work of European enterprises in such international standardisation committees. Before considering the adoption of standards by secondary legislation, the Comission shall carefully assess the work done on international level.
Amendment 150 #
2020/0353(COD)
Proposal for a regulation
Recital 31 b (new)
Recital 31 b (new)
(31 b) The Commission should ensure consistency regarding harmonised standards and common specifications under this regulation and when reviewing Regulation (EU) No 1025 (2012).
Amendment 167 #
2020/0353(COD)
Proposal for a regulation
Recital 54
Recital 54
(54) As the distributor makes a battery available on the market after it has been placed on the market or put into service by the manufacturer or the importer, the distributor should act with due care to ensure that its handling of the battery does not adversely affect its compliance with the requirements of this Regulation. Online market platforms should be considered as distributors for the purposes of this regulation.
Amendment 189 #
2020/0353(COD)
Proposal for a regulation
Recital 89
Recital 89
(89) Producers and distributors, including online market platforms, should be actively involved in providing information to end users that batteries should be collected separately, that collection schemes are available and that end users have an important role in ensuring an environmentally optimal management of waste batteries. The disclosure of information to all end users as well as reporting on batteries should make use of modern information technologies. The information should be provided either by classical means, such as outdoors, posters and social media campaigns, or by more innovative means, such as electronic access to websites provided by QR codes affixed to the battery.
Amendment 204 #
2020/0353(COD)
Proposal for a regulation
Article 1 – paragraph 2
Article 1 – paragraph 2
2. This Regulation shall apply to all batteries, namely portable batteries, including batteries for light means of transport, automotive batteries, electric vehicle batteries and industrial batteries, regardless of their shape, volume, weight, design, material composition, use or purpose. It shall also apply to batteries incorporated in or added to other products.
Amendment 209 #
2020/0353(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 21
Article 2 – paragraph 1 – point 21
(21) ‘QR code’ means a matrix barcode that links to information about a battery model;
Amendment 230 #
2020/0353(COD)
Proposal for a regulation
Article 9 – title
Article 9 – title
Performance and durability requirements for portable batteries of general use and batteries for light means of transport
Amendment 234 #
2020/0353(COD)
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. From 1 January 2027, portable batteries of general use and batteries for light means of transport shall meet the values for the electrochemical performance and durability parameters set out in Annex III as laid down in the delegated act adopted by the Commission pursuant to paragraph 2.
Amendment 237 #
2020/0353(COD)
Proposal for a regulation
Article 9 – paragraph 2 – introductory part
Article 9 – paragraph 2 – introductory part
2. By 31 December 2025, the Commission shall adopt a delegated act in accordance with Article 73 to supplement this Regulation by establishing minimum values for the electrochemical performance and durability parameters laid down in Annex III that portable batteries of general use and batteries for light means of transport shall attain.
Amendment 242 #
2020/0353(COD)
Proposal for a regulation
Article 9 – paragraph 2 – subparagraph 2
Article 9 – paragraph 2 – subparagraph 2
In preparing the delegated act referred to in the first subparagraph, the Commission shall consider the need to reduce the life cycle environmental impact of portable batteries of general use and batteries for light means of transport and take into consideration relevant international standards and labelling schemes. The Commission shall also ensure that the provisions laid down by that delegated act do not have a significant negative impact on the functionality of those batteries or the appliances into which those batteries are incorporated, the affordability and the cost for end-users and the industry’s competitiveness. No excessive administrative burden shall be imposed on manufacturers of the batteries and the appliances concerned.
Amendment 262 #
2020/0353(COD)
Proposal for a regulation
Article 11 – paragraph 1 – introductory part
Article 11 – paragraph 1 – introductory part
1. Portable batteries incorporated in appliances shall be readily removable and replaceable by the end-user or by independent operators during the lifetime of the appliance, if the batteries have a shorter lifetime than the appliance, or at the latest at the end of the lifetime of the appliance. Removability and replaceability requirements may only apply to battery packs as a whole and not individual cells or other parts included in the battery pack.
Amendment 268 #
2020/0353(COD)
Proposal for a regulation
Article 11 – paragraph 1 – subparagraph 1
Article 11 – paragraph 1 – subparagraph 1
A battery is readily replaceable where, after its removal from an appliance, it can be substituted by a similar battery, without affecting the functioning or the, performance or safe operation of that appliance.
Amendment 270 #
2020/0353(COD)
Proposal for a regulation
Article 11 – paragraph 1 – subparagraph 1 a (new)
Article 11 – paragraph 1 – subparagraph 1 a (new)
The economic operator placing the battery on the market shall make information available where such independent operators are established in the respective Member State
Amendment 280 #
2020/0353(COD)
Proposal for a regulation
Article 11 – paragraph 2 a (new)
Article 11 – paragraph 2 a (new)
2 a. the novelty of the application requires a fixed connection to the battery and does not allow for a removable battery to guarantee its proper functioning
Amendment 314 #
2020/0353(COD)
Proposal for a regulation
Article 16 – paragraph 1 – introductory part
Article 16 – paragraph 1 – introductory part
1. The Commission shall actively support the work of European enterprises in international standardisation committees. In exceptional cases, after consulting relevant stakeholders, and after having requested one or more European standardisation organisations to draft EU standards, the Commission shall be empowered to adopt implementing acts laying down common specifications for the requirements set out in Articles 9, 10, 12, 13, 59(5)(a) or tests referred to in Article 15(2), where:
Amendment 318 #
2020/0353(COD)
Proposal for a regulation
Article 16 – paragraph 1 – point b
Article 16 – paragraph 1 – point b
(b) the Commission observes undue delays in the adoption of requested harmonised standards, or considers that relevant harmonised standards are not sufficient; or
Amendment 322 #
2020/0353(COD)
Proposal for a regulation
Article 16 – paragraph 1 – subparagraph 1
Article 16 – paragraph 1 – subparagraph 1
Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 74(3)take into account the findings of the stakeholder consultation and the work by European standardisation bodies referred to in paragraph 1 and be adopted in accordance with the examination procedure referred to in Article 74(3). The Commission shall ensure coherence with the provisions of this article when revising the European standardisation regulation (EU) No 1025/2012.
Amendment 323 #
2020/0353(COD)
Proposal for a regulation
Article 16 – paragraph 1 – subparagraph 1
Article 16 – paragraph 1 – subparagraph 1
Thosee Commission shall seek to align the common specifications with international standards unless a deviation seems justified. In an exceptional, justified case, implementing acts shall be adopted in accordance with the examination procedure referred to in Article 74(3).
Amendment 354 #
2020/0353(COD)
Proposal for a regulation
Article 23 – paragraph 5
Article 23 – paragraph 5
5. A notifying authority shall have a sufficient number of competent personnel and sufficient funding at its disposal for the proper performance of its tasks.
Amendment 378 #
2020/0353(COD)
Proposal for a regulation
Article 33 – paragraph 2 – introductory part
Article 33 – paragraph 2 – introductory part
2. A notified body shall perform its activities in a proportionate manner, avoiding unnecessary burdens for economic operators, in particular small and medium-sized enterprises, and taking due account of the size of an undertaking, the sector in which the undertaking operates, the structure of the undertaking, the degree of complexity of the battery to be assessed and the mass or serial nature of the production process.
Amendment 385 #
2020/0353(COD)
Proposal for a regulation
Article 36 – title
Article 36 – title
36 Exchange of experience and good practices
Amendment 386 #
2020/0353(COD)
Proposal for a regulation
Article 36 – paragraph 1
Article 36 – paragraph 1
The Commission shall provide for the organisation of exchange of experience and good practices between the Member States’ national authorities responsible for notification policy.
Amendment 461 #
2020/0353(COD)
Proposal for a regulation
Article 43 – paragraph 1
Article 43 – paragraph 1
Fulfilment service providers, including online marketplaces, shall ensure that, for batteries that they handle, the conditions during warehousing, packaging, addressing or dispatching, do not jeopardise the batteries’ compliance with the requirements set out in Chapters II, III and IVII.
Amendment 469 #
2020/0353(COD)
Proposal for a regulation
Article 60 – paragraph 1 – point f a (new)
Article 60 – paragraph 1 – point f a (new)
(f a) for portable batteries, the deposit refund schemes established by Member States pursuant to Article 72a and information on the amount of the refund.
Amendment 529 #
2020/0353(COD)
Proposal for a regulation
Article 72 a (new)
Article 72 a (new)
Article 72 a Deposit refund schemes Member States shall introduce mandatory deposit refund schemes for the collection of waste portable batteries. Consumers and other end-users shall be informed in a clear and comprehensible manner about the scheme and refund amounts in accordance with paragraph 1(fa) of Article 60.
Amendment 559 #
2020/0353(COD)
Proposal for a regulation
Article 77 – paragraph 2 – subparagraph 1
Article 77 – paragraph 2 – subparagraph 1
Where appropriate, the report shall be accompanied by a legislative proposal for amendment of the relevant provisions of this Regulation. By [twenty two months after the date of entry into force of this Regulation], the Commission shall assess the complementarity of the parameters in Part A of Annex IV with international norms in particular UNECE GTR.
Amendment 617 #
2020/0353(COD)
Proposal for a regulation
Annex XIII – point 1 – point e
Annex XIII – point 1 – point e
(e) Battery composition, including critical raw materials, other than business sensitive information;
Amendment 25 #
2020/0322(COD)
Proposal for a regulation
Recital 8 a (new)
Recital 8 a (new)
(8a) Building on lessons learnt from the COVID-19 pandemic, this Regulation should create a more robust mandate for coordination at Union level. The declaration by the WHO of a public health emergency, formally recognised at Union level, would bring about increased coordination and exceptionally allow for joint procurement procedures for the development, stockpiling, distribution and donation of medical countermeasures, to the most recommendable needs and where their purchase and supply cannot be ensured as efficiently by other means.
Amendment 26 #
2020/0322(COD)
Proposal for a regulation
Recital 8 b (new)
Recital 8 b (new)
(8b) The primary purpose of joint procurement should be to improve the preparedness and response to serious cross-border threats to health, and particularly to improve the security and capacity of supply of medical countermeasures in the participating countries throughout their existence, ensure equitable access to patients and provide increased visibility and predictability for actors involved.
Amendment 30 #
2020/0322(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) As serious cross-border threats to health are not limited to Union borders, joint procurement of medical countermeasures should be extended to include European Free Trade Association States and Union candidate countries, in accordance with the applicable Union legislation. The Joint Procurement Agreement, determining the practical arrangements governing the joint procurement procedure established under Article 5 of Decision No 1082/2013/EU, should also be adapted to include an exclusivity clause regarding negotiation and procurement for participating countries in a joint procurement procedure, to allow for better coordination within the EU and for security and capacity of supply of the medical countermeasure in question. The Commission should ensure coordination and information exchange between the entities organizing and participating in any action under different mechanisms established under this Regulation and other relevant Union structures related to procurement and, stockpiling and distribution of medical countermeasures, such as the strategic rescEU reserve under Decision No 1313/2013/EU of the European Parliament and of the Council16 . __________________ 16Decision No 1313/2013/EU of the European Parliament and of the Council of 17 December 2013 on a Union Civil Protection Mechanism (OJ L 347, 20.12.2013, p. 924).
Amendment 34 #
2020/0322(COD)
Proposal for a regulation
Recital 9 a (new)
Recital 9 a (new)
(9a) The Joint procurement should be carried in a transparent, timely and effective way to prevent market disruption and to ensure actors involved fulfil their contractual responsibilities. In this respect, it is crucial to define clear and transparent steps since the beginning of the procedure in terms of process, scope, tender specifications, timelines and formalities. A preliminary consultation phase involving participating actors should be guaranteed, as well as a clear and mutual communication throughout the whole procedure.
Amendment 41 #
2020/0322(COD)
Proposal for a regulation
Recital 9 b (new)
Recital 9 b (new)
(9b) The functioning of the Joint Procurement Agreement and rescEU should abide by high standards of transparency, provided it does not jeopardize the negotiation and compliance of purchase agreements, including in relation to the disclosure of the exact amount provided to each participating country, details regarding supply chains, production and delivery of procured products, and details of the liability of participating countries, as well as information on the existence of no-fault compensation systems in those participating countries.
Amendment 45 #
2020/0322(COD)
Proposal for a regulation
Recital 9 c (new)
Recital 9 c (new)
(9c) During the existence of a cross- border health threat situation, manufacturing is often needed rapidly and with short notice. It is therefore crucial that the joint procurement lead times are aligned and coherent with manufacturers’ lead times to ensure clarity and expectations from both organizing and participating entities.
Amendment 47 #
2020/0322(COD)
Proposal for a regulation
Recital 9 d (new)
Recital 9 d (new)
(9d) In order for this regulation to fulfil its main objectives, mainly to ensure a rapid response in the case of serious cross-border health threats, a priority conditionality binding the undertaking of the joint procurement procedures should be provided for, in order to ensure that the delivery and scheduled commitments to the participating countries are respected under all circumstances.
Amendment 50 #
2020/0322(COD)
Proposal for a regulation
Recital 9 e (new)
Recital 9 e (new)
(9e) In addition, suitable regulatory flexibilities should be considered and allowed by Member States’ authorities in the framework of joint procurement procedures and including, where relevant, for marketing authorisations, to ensure faster and timely supply in the European Single Market.
Amendment 51 #
2020/0322(COD)
Proposal for a regulation
Recital 9 f (new)
Recital 9 f (new)
(9f) Joint procurement implies shared responsibilities and a fair approach with rights and obligations for all parties involved, relevant authorities and manufacturers. In this respect, commitments should be defined since the beginning and respected, from the manufacturers to deliver on the production, and from the authorities to purchase their agreed reserved volumes.
Amendment 53 #
2020/0322(COD)
Proposal for a regulation
Recital 9 g (new)
Recital 9 g (new)
(9g) If used, in order for joint procurement to be sustainable, the Commission should ensure accessible, transparent, proportionate and non- discriminatory technical specifications, selection and award criteria by placing a significant and priority value and consideration on the highest safety and quality standards of the medical countermeasures, in accordance with the applicable legislation, and beyond the price and costs of those. Such criteria should also include the ability of the bidder to ensure security and capacity of supply in a cross-border health threat situation, as well as provide for adequate flexibility to allow for a wider selection of successful suppliers and the effective participation of small and medium-sized enterprises in the awarding process.
Amendment 54 #
2020/0322(COD)
Proposal for a regulation
Recital 9 h (new)
Recital 9 h (new)
(9h) To facilitate the negotiation of joint procurement procedures, Member States should establish no-fault compensation systems which should be used in the event of a cross-border health threat declared by the EU, allowing citizens who may suffer an adverse reaction to a particular medical countermeasure, subject to a joint procurement procedure, to receive fair compensation by proving solely the causal link between the medical countermeasure in question and the damages caused. These possible damages should not be borne individually by each injured person, but should be considered as a social burden shared by society as a whole. Therefore, equal access to fair compensation through no-fault compensation schemes should be provided.
Amendment 110 #
2020/0322(COD)
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
1. The Commission and any Member States which so desire may engage in a joint procurement procedure conducted pursuant to Article 165(2) of Regulation (EU, Euratom) 2018/1046 of the European Parliament and of the Council29 with a view to the advance purchase of medical countermeasures for the purpose of preparedness and response to serious cross-border threats to health only. __________________ 29Regulation (EU, Euratom) 2018/1046 of the European Parliament and of the Council of 18 July 2018 on the financial rules applicable to the general budget of the Union, amending Regulations (EU) No 1296/2013, (EU) No 1301/2013, (EU) No 1303/2013, (EU) No 1304/2013, (EU) No 1309/2013, (EU) No 1316/2013, (EU) No 223/2014, (EU) No 283/2014, and Decision No 541/2014/EU and repealing Regulation (EU, Euratom) No 966/2012 (OJ L 193, 30.7.2018, p. 1).
Amendment 113 #
2020/0322(COD)
Proposal for a regulation
Article 12 – paragraph 2 – point -a (new)
Article 12 – paragraph 2 – point -a (new)
(-a) the joint procurement shall be time-limited to the existence of a serious cross-border threat to health and be used for the purchase and supply of each medical countermeasure to the most recommendable needs, as long as it cannot be ensured as efficiently by other means;
Amendment 114 #
2020/0322(COD)
Proposal for a regulation
Article 12 – paragraph 2 – point -a a (new)
Article 12 – paragraph 2 – point -a a (new)
(-aa) the commitments and contractual obligations defined by the corresponding purchase agreement shall be respected by all parties involved;
Amendment 115 #
2020/0322(COD)
Proposal for a regulation
Article 12 – paragraph 2 – point -a b (new)
Article 12 – paragraph 2 – point -a b (new)
(-ab) a priority conditionality binding the undertaking of the joint procurement procedures should be provided for, in order to ensure that the delivery and scheduled commitments to the participating countries are respected;
Amendment 122 #
2020/0322(COD)
Proposal for a regulation
Article 12 – paragraph 2 – point c
Article 12 – paragraph 2 – point c
(c) Member States, EFTA States and Union candidate countries participating in a joint procurement shall procure the medical countermeasure in question through that procedure and not through other channels, and shall not run parallel negotiation processes for that product; running parallel negotiation processes shall lead to being excluded from the group of participating countries, without prejudice to participating countries from honouring existing contractual agreements, nor existing procurement procedures implemented by participating countries;
Amendment 124 #
2020/0322(COD)
Proposal for a regulation
Article 12 – paragraph 2 – point c a (new)
Article 12 – paragraph 2 – point c a (new)
(ca) the joint procurement shall be conducted in such a way so as to improve the security and capacity of supply of medical countermeasures against serious cross-border threats to health in the participating countries, ensure equitable access to the largest extent possible, and strengthen the purchasing power of participating countries;
Amendment 129 #
2020/0322(COD)
Proposal for a regulation
Article 12 – paragraph 2 – point d
Article 12 – paragraph 2 – point d
(d) the joint procurement shall not affect the internal market, shall not constitute discrimination or a restriction of trade and shall not cause distortion of competition or concentration of demand; the joint procurement shall not risk impacting supply flows negatively by increasing the risk of shortages in the EU;
Amendment 131 #
2020/0322(COD)
Proposal for a regulation
Article 12 – paragraph 2 – point d a (new)
Article 12 – paragraph 2 – point d a (new)
(da) the joint procurement shall be carried in a transparent, timely and effective way defining clear steps since the start of the procedure in terms of process, scope, tender specifications, timelines and formalities;
Amendment 133 #
2020/0322(COD)
Proposal for a regulation
Article 12 – paragraph 2 – point d b (new)
Article 12 – paragraph 2 – point d b (new)
(db) the joint procurement lead times shall be aligned with manufacturers lead times;
Amendment 134 #
2020/0322(COD)
Proposal for a regulation
Article 12 – paragraph 2 – point d c (new)
Article 12 – paragraph 2 – point d c (new)
(dc) a preliminary consultation phase involving participating actors shall be guaranteed, as well as a clear mutual communication throughout the whole procedure;
Amendment 135 #
2020/0322(COD)
Proposal for a regulation
Article 12 – paragraph 2 – point d d (new)
Article 12 – paragraph 2 – point d d (new)
(dd) Member States’ authorities shall apply regulatory flexibilities, where relevant and with due regard to EMA’s guidance, to ensure the timely supply of medical countermeasures through joint procurement procedures during the existence of a cross-border health threat;
Amendment 137 #
2020/0322(COD)
Proposal for a regulation
Article 12 – paragraph 2 – point e a (new)
Article 12 – paragraph 2 – point e a (new)
(ea) the joint procurement shall be subject to high transparency standards, provided it does not jeopardize the negotiation and compliance of purchase agreements, including in relation to the disclosure of the exact amount provided to each participating country, details regarding supply chains, production and delivery of procured medical countermeasures, and details of the liability of participating countries, as well as information on the existence of no- fault compensation systems in those participating countries.
Amendment 139 #
2020/0322(COD)
Proposal for a regulation
Article 12 – paragraph 2 a (new)
Article 12 – paragraph 2 a (new)
2a. Joint public procurement procedures shall include accessible, transparent, qualitative and non- discriminatory technical specifications and selection criteria, which shall be considered in the awarding process of the joint procurement bids and comply with the following conditions and order of priority: 1. They shall rely on the verification and compliance of the medical countermeasure forming the subject of the joint procurement procedure in question, with the highest safety and quality standards, as required by the relevant legislation; 2. They shall evaluate the ability of the bidder to ensure the security and capacity of supply of the medical countermeasure in question in a cross- border health threat situation; 3. They shall provide for sufficient and adequate flexibility of technical and economic solvency requirements, and lots shall accordingly be adjusted to those in the corresponding tender documents, thereby allowing the involvement and participation of small and medium-sized enterprises in joint procurement procedures and a wider selection of successful suppliers in the awarding process. 4. They shall evaluate lastly the price and costs of the medical countermeasure in question.
Amendment 140 #
2020/0322(COD)
Proposal for a regulation
Article 12 – paragraph 3 – introductory part
Article 12 – paragraph 3 – introductory part
Amendment 142 #
2020/0322(COD)
Proposal for a regulation
Article 12 – paragraph 3 a (new)
Article 12 – paragraph 3 a (new)
3a. Participating Member states shall ensure an adequate stockpiling and distribution of procured medical countermeasures, whose main details and characteristics shall be set out in national plans. In addition, national plans shall address potential bottlenecks and capacity obstacles that may jeopardise the delivery of medical countermeasures acquired through joint procurement mechanisms to their final destination.
Amendment 146 #
2020/0322(COD)
Proposal for a regulation
Article 12 – paragraph 3 b (new)
Article 12 – paragraph 3 b (new)
3b. Member States shall establish no- fault compensation systems which shall be used in the event of a cross-border health threat declared by the EU, allowing citizens who may suffer an adverse reaction to a particular medical countermeasure subject to a joint procurement procedure, to receive fair compensation by proving solely the causal link between the medical countermeasure in question and the damages caused.
Amendment 148 #
2020/0322(COD)
Proposal for a regulation
Article 12 – paragraph 3 c (new)
Article 12 – paragraph 3 c (new)
3c. The Commission and Member states shall provide up-to-date, accessible and clear information to consumers on their rights and duties regarding jointly procured medical countermeasures, including details on liability for damages, access to legal protection and access to consumer representation.
Amendment 9 #
2020/0155(COD)
Proposal for a regulation
Recital 2
Recital 2
(2) Regulation (EU) 2017/1129 of the European Parliament and of the Council14 lays down requirements for the drawing up, approval and distribution of the prospectus to be published when securities are offered to the public or admitted to trading on a regulated market in the Union. As part of the measures to help issuers to recover from the economic shock resulting from the COVID-19 pandemic, targeted amendments to the prospectus regime are necessary. Such amendments should enable issuers and financial intermediaries to reduce costs and free up resources for the recovery phase in the immediate aftermath of the crisis, while protecting the interests of retail investors, pensioners and consumers, in order to incentivise financial participation and turn savers into investors. Access to equity financing for small and medium enterprises (SMEs) and entrepreneurs has become even more crucial with a view to the COVID-19 recovery. __________________ 14Regulation (EU) 2017/1129 of the European Parliament and of the Council of 14 June 2017 on the prospectus to be published when securities are offered to the public or admitted to trading on a regulated market, and repealing Directive 2003/71/EC (OJ L 168, 30.6.2017, p. 12).
Amendment 13 #
2020/0155(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) Credit institutions have been active in the recovery to support companies that needed financing and are expected to be a fundamental pillar of the recovery. Regulation (EU) 2017/1129 entitles credit institutions to an exemption from the obligation to publish a prospectus in case of an offer of certain non-equity securities issued in a continuous or repeated manner up to an aggregated amount of EUR 75 million in a 12 month-period. That exemption threshold should be increased for a limited period of time in order to foster fundraising for credit institutions and bring them a breathing space to support their clients in the real economy. As thatis measure is limited to the recovery phase, it should therefore be available for a limited time period of 18 months, ending on 31 December 2022.
Amendment 19 #
2020/0155(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) The EU Recovery prospectus should include a short-form summary as a useful source of information for investors, in particular retail investors. That summary should be a self-contained partset out at the beginning of the EU Recovery prospectus and should focus on key information that would enable investors to decide which offers and admissions to trading of securities to study further by, thereafter reviewing the EU Recovery prospectus as a whole in order to take their decision.
Amendment 21 #
2020/0155(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) Regulation (EU) 2017/1129 requires financial intermediaries to inform investors of the possibility of a supplement and, under certain circumstances, to contact investors on the same day that a supplement is published. The scope of deadline within which investors toare to be contacted, as well as the deadlinescope of investors to contact them, can raise difficulties for financial intermediaries. In order to provide relief and free up resources for financial intermediaries while maintaining a high level of investor protection, a more proportionate regime should be laid down. Such a regime should specify which investors should be contacted by financial intermediaries when a supplement is published and should extend the deadline to contact those investors.
Amendment 25 #
2020/0155(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) As the EU Recovery prospectus is limited to the recovery phase, the regime of this prospectus should expire 18 months after the date of application of this Regulationby 31 December 2022. In order to ensure the continuity of EU Recovery prospectuses, the onose Recovery prospectuses approved before the expiration of the regime should benefit from a grandfathering provision.
Amendment 26 #
2020/0155(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) The Commission should, before 21 July 2022, present a report to the European Parliament and the Council on the application of this Regulation, accompanied where appropriate by a legislative proposal. This review should incorporate in its assessment whether the disclosure regime for EU Recovery prospectuses is appropriate to meet the objectives pursued by this Regulation and if seen as appropriate, incorporate into its legislative proposal a permanent form of a prospectus which would reduce burdens on secondary issuances covered by the EU Recovery Prospectus.
Amendment 28 #
2020/0155(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Regulation (EU) 2017/1129
Article 1 – paragraph 4 – point k
Article 1 – paragraph 4 – point k
(k) from [date of application of this Regulation] to [18 months from the date of application of this Regulation]31 December 2022 non- equity securities issued in a continuous or repeated manner by a credit institution, where the total aggregated consideration in the Union for the securities offered is less than EUR 150 000 000 per credit institution calculated over a period of 12 months, provided that those securities:
Amendment 33 #
2020/0155(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Regulation (EU) 2017/1129
Article 7 – paragraph 12 a – point c – point i
Article 7 – paragraph 12 a – point c – point i
(i) an introduction, containing warnings and the approval date of the prospectus as laid down in paragraph 5 of this Article;
Amendment 34 #
2020/0155(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Regulation (EU) 2017/1129
Article 14 a – paragraph 1 – point b a (new)
Article 14 a – paragraph 1 – point b a (new)
(ba) offerors of securities admitted to trading on a regulated market or an SME growth market continuously for at least the last 18 months.
Amendment 36 #
2020/0155(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Regulation (EU) 2017/1129
Article 14 a – paragraph 2 – subparagraph 1 – point b
Article 14 a – paragraph 2 – subparagraph 1 – point b
(b) the essential information on the sharrights attaching to the securities, the reasons for the issuance and its impact on the overall capital structure of the issuer, and the use of proceeds.
Amendment 39 #
2020/0155(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
The EU Recovery prospectus shall be a single document containing the minimum information laid down in Annex Va. It shall have a maximum length, including the summary, of 320 sides of A4-sized paper when printed and shall be presented and laid out in a way that is easy to read, using characters of readable size.
Amendment 45 #
2020/0155(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 8
Article 1 – paragraph 1 – point 8
Regulation (EU) 2017/1129
Article 47 a – paragraph 1
Article 47 a – paragraph 1
The regime set out in Article 14a expires on [18 months from the date of application of this Regulation]31 December 2022.
Amendment 47 #
2020/0155(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 8
Article 1 – paragraph 1 – point 8
Regulation (EU) 2017/1129
Article 47 a – paragraph 2
Article 47 a – paragraph 2
EU Recovery Prospectuses drawn up in accordance with Article 14a and approved between [date of application of this Regulation] and [18 months after the date of application of this Regulation]31 December 2022 shall continue to be governed in accordance with that Article until the end of their validity or until twelve months have elapsed after [18 months after date of application of this Regulation]31 December 2022, whichever occurs first.
Amendment 65 #
2020/0155(COD)
Proposal for a regulation
Annex I
Annex I
Regulation (EU) 2017/1129
Annex Va – section -I (new)
Annex Va – section -I (new)
-I Summary The EU Recovery prospectus shall include a summary drawn up in accordance with Article 7(12a). That summary shall be included as part of the calculation of the maximum length of the EU Recovery prospectus provided for in the third subparagraph of Article 14a(2).
Amendment 66 #
2020/0155(COD)
Proposal for a regulation
Annex I
Annex I
Regulation (EU) 2017/1129
Annex Va – section I – paragraph 1
Annex Va – section I – paragraph 1
The purpose is to identify the company issuing shares, including its legal entity identifier (‘LEI’), its Member State of incorporation and the website, if any, where investors can find information on the company’s business operations and the disclaimer set out in the fourth subparagraph of Section IV of this Annex, the products it makes or the services it provides, the principal markets where it competes, its organisational structure and, where applicable, information incorporated by reference.
Amendment 68 #
2020/0155(COD)
Proposal for a regulation
Annex I
Annex I
Regulation (EU) 2017/1129
Annex Va – section III – paragraph 1
Annex Va – section III – paragraph 1
Amendment 24 #
2020/0100(COD)
Proposal for a regulation
Recital 5 a (new)
Recital 5 a (new)
(5 a) In the context of its effort to increase economic, territorial and social cohesion, the Facility should also contribute to eliminating inequalities and promoting gender equality and integrating the gender perspective, as well as combating discrimination based on sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation as set out in Article 2 of the Treaty on the European Union (TEU), Article 10 TFEU and Article 21 of the Charter of Fundamental Rights of the European Union. All stakeholders involved at all stages of implementation of the Facility should commit to promote gender equality and should ensure that the impact on women is taken into account, given that they are disproportionately impacted by climate change and transition process.
Amendment 25 #
2020/0100(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) Horizontal financial rules adopted by the European Parliament and the Council on the basis of Article 322 of the Treaty on the Functioning of the European Union apply to this Regulation. These rules are laid down in the Financial Regulation and determine in particular the procedure for establishing and implementing the budget through grants, procurement, prizes, indirect implementation, and provide for checks on the responsibility of financial actors. Rules adopted on the basis of Article 322 TFEU also concern the protection of the Union's budget in case of generalised deficiencies as regards the rule of law in the Member States, as the respect for the rule of law is an essential precondition for sound financial management and effective EU funding. However, the protection of final beneficiaries is crucial to ensure the effectiveness of the investments supported by the Facility. Local and regional authorities cannot lose their funding as a consequence of generalised deficiencies as regards the rule of law in the Member States. If necessary, the Commission, in agreement with the European Parliament and the Council, should temporarily manage funds with the recipients without the involvement of national governments violating the rule of law.
Amendment 36 #
2020/0100(COD)
(16) Since the grant component should reflect the divergent development needs of regions across Member States, such support should be modulated. Taking into account that public sector entities in less developed regions, as defined in Article 102(2) of Regulation [new CPR], in the outermost regions, as defined in Article 349 TFEU, and in rural, sparsely populated and depopulated areas generally experience lower public investment capacity, the grant rates applied to loans provided to such entities should be comparatively higher.
Amendment 37 #
2020/0100(COD)
Proposal for a regulation
Recital 18
Recital 18
(18) In order to speed up implementation and ensure that resources are used in a timely fashion, this Regulation should lay down specific safeguards to be included in the grant agreements. In view of that objective, the Commission, in line with the principle of proportionality, should be able to reduce or terminate any Union support in case of serious lack of progress in the implementation of the project. The Commission, after notifying the Member State of the reduction or termination of Union support, should communicate to the Council and the European Parliament the reasons for the reduction or termination. The Financial Regulation lays down rules on the implementation of the Union budget. In order to ensure coherence in the implementation of Union funding programmes, the Financial Regulation should apply to the grant component and to resources for advisory support provided under this Facility.
Amendment 40 #
2020/0100(COD)
Proposal for a regulation
Recital 19
Recital 19
(19) In accordance with the Financial Regulation and Regulation (EU, Euratom) No 883/2013 of the European Parliament and of the Council and Council Regulations (Euratom, EC) No 2988/95, (Euratom, EC) No 2185/96 and (EU) 2017/1939, the financial interests of the Union are to be protected through proportionate measures, including the prevention, detection, correction and investigation of irregularities, including fraud, the recovery of funds lost, wrongly paid or incorrectly used, and, where appropriate, the imposition of administrative penalties. Any irregularities identified should be communicated to the Council and the European Parliament. In particular, in accordance with Regulations (Euratom, EC) No 2185/96 and (EU, Euratom) No 883/2013, the European Anti- Fraud Office (OLAF) may carry out administrative investigations, including on- the-spot checks and inspections, with a view to establishing whether there has been fraud, corruption or any other illegal activity affecting the financial interests of the Union. In accordance with Regulation (EU) 2017/1939, the European Public Prosecutor's Office (EPPO) may investigate and prosecute offences against the financial interests of the Union, as provided for in Directive (EU) 2017/1371 of the European Parliament and of the Council. In accordance with the Financial Regulation, any person or entity receiving Union funds is to fully cooperate in the protection of the financial interests of the Union, grant the necessary rights and access to the Commission, OLAF, the EPPO in respect of those Member States participating in enhanced cooperation pursuant to Regulation (EU) 2017/1939, and the European Court of Auditors (ECA), and ensure that any third parties involved in the implementation of Union funds grant equivalent rights.
Amendment 52 #
2020/0100(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 5
Article 2 – paragraph 1 – point 5
5. 'territorial just transition plan' means a plan established in accordance with Article 7 of Regulation [JTF Regulation], together with the relevant local and regional authorities of the territories concerned and in accordance with the partnership principle laid down in Article 6 of Regulation (EU) … /… [new CPR], and approved by the Commission;
Amendment 76 #
2020/0100(COD)
Proposal for a regulation
Article 6 – paragraph 4
Article 6 – paragraph 4
4. The Commission shall adopt a decision by means of an implementing actbe empowered to adopt a delegated act in accordance with Article 17 setting out the respective shares for each Member State resulting from the application of the methodology set out in Annex I of Regulation [JTF Regulation] in the form of percentages of the total available resources.
Amendment 94 #
2020/0100(COD)
Proposal for a regulation
Article 10 – paragraph 2
Article 10 – paragraph 2
2. The amount of the grant shall not exceed 15% of the amount of the loan provided by the finance partner under this Facility. For projects located in territories in NUTS level 2 regions with a GDP per capita not exceeding 75% of the average GDP of the EU-27 as referred to in Article [102(2)] of Regulation [new CPR], the amount of the grant shall not exceed 20% of the amount of the loan provided by the finance partner. For projects located in the outermost regions, as defined in Article 349 TFEU, the amount of the grant shall not exceed 25% of the amount of the loan provided by the finance partner.
Amendment 28 #
2020/0036(COD)
Proposal for a regulation
Recital 1
Recital 1
(1) The Commission has, in its Communication of 11 December 2019 entitled ‘The European Green Deal’19 , set out a new growth strategy that aims to transform the Union into a fair and prosperous society, with a modern, resource-efficient and competitive economy, where there are no net emissions of greenhouse gases in 2050 and where economic growth is decoupled from resource use. It also aims to protect, conserve and enhance the Union's natural capital, and protect the health and well- being of citizens from environment-related risks and impacts. At the same time, this transition must be just and inclusive, lea and must use clear mechanisms at the Commission level in order to make sure that living no one is left behind. _________________ 19 Commission Communication - The European Green Deal, COM(2019) 640 final of 11 December 2019.
Amendment 51 #
2020/0036(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) The Union’s and the Member States’ climate action aims to protect people and the planet, welfare, prosperity, health, food systems, the integrity of eco- systems and biodiversity against the threat of climate change, in the context of the 2030 agenda for sustainable development and in pursuit of the objectives of the Paris Agreement, and to maximize prosperity within the planetary boundaries and to mincrease resilience and reduce vulnerability of society toimise and decrees the velocity of the climate change.
Amendment 58 #
2020/0036(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) Achieving climate neutrality should require a contribution from all economicthe public and private sectors. In light of the importance of energy production and consumption on greenhouse gas emissions, the transition to a sustainable, affordable and secure energy system relying on a well-functioning internal energy market is essential. In this context the regulatory framework of energy should be harmonised at the Union level and should incentivise the domestic and economic production and use of green energy. The digital transformation, technological innovation, and research and development are also important drivers for achieving the climate-neutrality objective.
Amendment 73 #
2020/0036(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) The Union is a global leader in the transition towards climate neutrality, and is determined to help raise global ambition and to strengthen the global response to climate change, using all tools at its disposal, including climate diplomacy, without jeopardizing the economic development of the European Union.
Amendment 82 #
2020/0036(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) The Union should aim to achieve a balance between anthropogenic economy- wide emissions and removals, through natural and technological solutions, of greenhouse gases domestically within the Union by 2050. The Union-wide 2050 climate-neutrality objective should be pursued by all Member States collectively, and the Member States, t. The European Parliament, the Council and the Commission together with the Member States should take the necessary measures to enable its achievement. Measures at Union level will constitute an important part of the measures needed to achieve the objective taking into account the different starting position of each Member State in the energy transition as well as their capacity to finance the necessary investments required by the transition towards climate neutrality. Measures at Union level will constitute an important part of the measures needed to achieve the objective, but will be adapted to different areas according to the local and regional needs and local measurements of the green house gases emissions.
Amendment 101 #
2020/0036(COD)
Proposal for a regulation
Recital 14
Recital 14
(14) Adaptation is a key component of the long-term global response to climate change. Therefore, Member States and the Union should enhance their adaptive capacity, strengthen resilience and reduce vulnerability to climate change, as provided for in Article 7 of the Paris Agreement, as well as maximise the co- benefits with other environmental, development and cohesion policies and legislation. Member States should adopt comprehensive national adaptation strategies and plans.
Amendment 107 #
2020/0036(COD)
Proposal for a regulation
Recital 15
Recital 15
(15) In taking the relevant measures at Union and national level to achieve the climate-neutrality objective, Member States and the European Parliament, the Council and the Commission should take into account the contribution of the transition to climate neutrality to the well- being of citizens, the prosperity of society and the competitiveness of the economy; energy and food security and affordability; fairness and solidarity across and within Member States considering their economic capability and infrastructural development, national circumstances and the need for convergence over time; the need to make the transition just and socially fair; to leave no one behind; based on impact assessment and best available scientific evidence, in particular the findings reported by the IPCC; the need to integrate climate change related risks into investment and planning decisions; cost- effectiveness and technological neutrality in achieving greenhouse gas emissions reductions and removals and increasing resilience; progression over time in environmental integrity and level of ambition.
Amendment 118 #
2020/0036(COD)
Proposal for a regulation
Recital 16
Recital 16
(16) The transition to climate neutrality requires changes across the entire policy spectrum and a collective effort of all sectors of thpublic and private seconomytors and society, as illustrated by the Commission in its Communication ‘The European Green Deal’. The European Council, in its Conclusions of 12 December 2019, stated that all relevant Union legislation and policies need to be consistent with, and contribute to, the fulfilment of the climate- neutrality objective while respecting a level playing field, and invited the Commission to examine whether this requires an adjustment of the existing rules.
Amendment 125 #
2020/0036(COD)
Proposal for a regulation
Recital 17
Recital 17
(17) The Commission, in its Communication ‘The European Green Deal’, announced its intention to assess and make proposals for increasing the Union’s greenhouse gas emission reduction target for 2030 to ensure its consistency with the climate-neutrality objective for 2050. In that Communication, the Commission underlined that all Union policies should contribute to the climate-neutrality objective and that all sectors should play their part. By September 2020, the Commission should, based on a comprehensive impact assessment measuring the impact for the EU as well as for each individual Member State and taking into account its analysis of the integrated national energy and climate plans submitted to the Commission in accordance with Regulation (EU) 2018/1999 of the European Parliament and of the Council36 , review the Union’s 2030 target for climate and explore options for a new 2030 target of 50 to 55 % emission reductions compared with 1990 levels. Where it considers necessary to amend the Union’s 2030 target, it should make proposals to the European Parliament and to the Council to amend this Regulation as appropriate. In addition, the Commission should, by 30 June 2021, assess how the Union legislation implementing that target would need to be amended in order to achieve emission reductions of 50 to 55 % compared to 1990. _________________ 36Regulation (EU) 2018/1999 of the European Parliament and of the Council of 11 December 2018 on the Governance of the Energy Union and Climate Action, amending Regulations (EC) No 663/2009 and (EC) No 715/2009 of the European Parliament and of the Council, Directives 94/22/EC, 98/70/EC, 2009/31/EC, 2009/73/EC, 2010/31/EU, 2012/27/EU and 2013/30/EU of the European Parliament and of the Council, Council Directives 2009/119/EC and (EU) 2015/652 and repealing Regulation (EU) No 525/2013 of the European Parliament and of the Council (OJ L 328, 21.12.2018, p. 1).
Amendment 130 #
2020/0036(COD)
Proposal for a regulation
Recital 18
Recital 18
(18) To ensure the Union and the Member States remain on track to achieve the climate-neutrality objective and progress on adaptation, the Commission should regularly assess progress considering the specificity of each area. Should the collective progress made by Member States towards the achievement of the climate-neutrality objective or on adaptation be insufficient or Union measures inconsistent with the climate- neutrality objective or inadequate to enhance adaptive capacity, strengthen resilience or reduce vulnerability, the Commission should asses the need of technical support and know-how, cooperates with the Member State to establish the necessary measures and the time needed in order to close the gap between the expectations and actual reality. Should the Member State fail in achieving the goal the Commission could take the necessary measures in accordance with the Treaties. The Commission should also regularly assess relevant national measures, and issue recommendations and offer technical support where it finds that a Member State’s measures are inconsistent with the climate-neutrality objective or inadequate to enhance adaptive capacity, strengthen resilience and reduce vulnerability to climate change.
Amendment 140 #
2020/0036(COD)
Proposal for a regulation
Recital 20
Recital 20
(20) As citizens and, communities and economic operators have a powerful role to play in driving the transformation towards climate neutrality forward, strong public and social engagement on climate action should be facilitated. The Commission should therefore engage with all parts of society to enable and empower them to take action towards a climate- neutral and climate- resilient society, including through launching a European Climate Pact. The European Union should empower the experts through European funding to find and implement innovative solutions in the economic and environmental challenges towards the climate neutrality.
Amendment 145 #
2020/0036(COD)
Proposal for a regulation
Recital 20 a (new)
Recital 20 a (new)
(20a) Innovative technical and natural solutions, like carbon capture and storage, reforestation and others, enhancing the removal of greenhouse gases, as the main way, to achieve the climate neutrality in a developed economy should be facilitated by the European Union through consistent and constant direct funding.
Amendment 157 #
2020/0036(COD)
Proposal for a regulation
Recital 23
Recital 23
(23) Climate change is by definition a trans-boundary challenge and a coordinated action at Union level is needed to effectively supplement and reinforce national and regional policies. Since the objectives of this Regulation, namely to achieve climate neutrality in the Union by 2050, cannot be sufficiently achieved by the Member States alone, but can rather, by reason of the scale and effects, be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary to achieve those objectives,
Amendment 170 #
2020/0036(COD)
Proposal for a regulation
Article 2 – paragraph 1
Article 2 – paragraph 1
1. Union-wide emissions and removals of greenhouse gases regulated in Union law shall be balanced atin the latestEU as a whole by 2050, thus reducing emissions to net zero by that date.
Amendment 172 #
2020/0036(COD)
Proposal for a regulation
Article 2 – paragraph 2
Article 2 – paragraph 2
2. The relevant Union institutions and the Member States shall take the necessary measures at Union and national and regional level respectively, to enable the collective achievement of the climate- neutrality objective set out in paragraph 1, taking into account the importance of promoting fairness and solidarity among Member States, social and economic cohesion as well as the different starting position of each Member States in the transition towards climate neutrality. The offsetting instruments for Member States facing greater impact of the transition to a low carbon economy, such as the Modernisation Fund and Solidarity Provision in the EU ETS Directive (2008/87/EC), shall be significantly increased.
Amendment 190 #
2020/0036(COD)
Proposal for a regulation
Article 2 – paragraph 3
Article 2 – paragraph 3
3. By September 2020, the Commission shall review the Union’s 2030 target for climate referred to in Article 2(11) of Regulation (EU) 2018/1999 in light of the climate-neutrality objective set out in Article 2(1), and explore options for a new 2030 target of 50 to 55% emission reductions compared to 1990. Where the Commission considers that it is necessary to amend that target based on new solid scientific evidence, it shall make proposals to the European Parliament and to the Council as appropriate.
Amendment 246 #
2020/0036(COD)
Proposal for a regulation
Article 3 – paragraph 3 – point e
Article 3 – paragraph 3 – point e
(e) fairness and solidarity social and economic cohesion between and within Member States ensuring the European instruments to support the cohesion policy;
Amendment 253 #
2020/0036(COD)
Proposal for a regulation
Article 3 – paragraph 3 – point g
Article 3 – paragraph 3 – point g
(g) investment needs and opportunities including infrastructural development needs;
Amendment 267 #
2020/0036(COD)
Proposal for a regulation
Article 3 – paragraph 3 – point j a (new)
Article 3 – paragraph 3 – point j a (new)
(ja) diverse starting positions of Member States and different impacts and costs that achieving climate neutrality objective will have on their economies and societies;
Amendment 270 #
2020/0036(COD)
Proposal for a regulation
Article 3 – paragraph 3 – point j b (new)
Article 3 – paragraph 3 – point j b (new)
(jb) the right of each Member State to determine its own energy mix in accordance with article 194 paragraph 2 of TFEU.
Amendment 273 #
2020/0036(COD)
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
1. The relevant Union institutions and the Member States shall ensure continuous progress in enhancing adaptive capacity, ensuring the transfer of knowhow when needed, strengthening resilience and reducing vulnerability to climate change in accordance with Article 7 of the Paris Agreement.
Amendment 276 #
2020/0036(COD)
Proposal for a regulation
Article 4 – paragraph 2
Article 4 – paragraph 2
2. Member States shall develop and implement adaptation realistic strategies and plans that include comprehensive risk management frameworks, based on the local and regional needs and real local measurements of the greenhouse gases emissions, robust climate and vulnerability baselines and progress assessments.
Amendment 295 #
2020/0036(COD)
Proposal for a regulation
Article 5 – paragraph 3
Article 5 – paragraph 3
3. Where, based on the assessment referred to in paragraphs 1 and 2, the Commission finds that Union measures are inconsistent with the climate-neutrality objective set out in Article 2(1) or inadequate to ensure progress on adaptation as referred to in Article 4, or that the progress towards either the climate-neutrality objective or on adaptation as referred to in Article 4 is insufficient, assess the need of technical support and know-how, cooperates with the Member State to establish the necessary measures and the time needed in order to close the gap between the expectations and actual reality. Should the Member State fail in achieving the goal the Commission could it shall take the necessary measures in accordance with the Treaties, at the same time as the review of the trajectory referred to in Article 3(1).
Amendment 319 #
2020/0036(COD)
Proposal for a regulation
Article 7 – paragraph 1 – point b a (new)
Article 7 – paragraph 1 – point b a (new)
(ba) information submitted and reported by independent experts on voluntary bases,
Amendment 63 #
2020/0006(COD)
Proposal for a regulation
Recital 2
Recital 2
(2) The transition to a climate-neutral and circular economy constitutes one of the most important policy objectives for the Union. On 12 December 2019, the European Council endorsed the objective of achieving a climate-neutral Union by 2050, in line with the objectives of the Paris Agreement. While fighting climate change and environmental degradation will benefit all in the long term and provides opportunities and challenges for all in the medium term, not all regions and Member States start their transition from the same point or have the same capacity to respond. Some are more advanced than others, whereas the transition entails a wider social and economic impact for those regions that rely heavily on fossil fuels - especially coal, lignite, energy peat and oil shale - or, greenhouse gas intensive industries or industries whose products are impacted by the transition to EU climate neutrality. Such a situation not only creates the risk of a variable speed transition in the Union as regards climate action, but also of growing disparities between regions, detrimental to the objectives of social, economic and territorial cohesion.
Amendment 75 #
2020/0006(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) In order to be successful, the transition has to be fair and socially acceptable for all. No Member State nor region should be left behind in the transition to climate neutrality. Therefore, both the Union and the Member States must take into account its economic and social implications from the outset, and deploy all possible instruments to mitigate adverse consequences. The Union budget has an important role in that regard.
Amendment 99 #
2020/0006(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) This Regulation establishes the Just Transition Fund (‘JTF’) which is one of the pillars of the Just Transition Mechanism implemented under cohesion policy. The aim of the JTF is to mitigate the adverse effects of the climate transition by supporting the most affected territories and workers concerned and creating a balanced socio-economic transition that avoids creating or furthering the risks of social precarity or an unstable business environment in these territories. In line with the JTF specific objective, actions supported by the JTF should directly contribute to alleviate the impact of the transition by financing the diversification, reconversion and modernisation of the local economy and by mitigating the negative repercussions on employment. This is reflected in the JTF specific objective, which is established at the same level and listed together with the policy objectives set out in Article [4] of Regulation EU [new CPR].
Amendment 115 #
2020/0006(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) In view of the importance of tackling climate change in line with the Union’s commitments to implement the Paris Agreement, the commitment regarding the United Nations Sustainable Development Goals and the increased ambition of the Union as proposed in the European Green Deal, the JTF should provide a key contribution to mainstream climate actions. Resources from the JTF own envelope are additional and come on top of the investments needed to achieve the overall target of 25% of the Union budget expenditure contributing to climate objectives. Resources transferred from the ERDF and ESF+ will contribute fully toVoluntary transfers of resources from the ERDF and ESF+ decided by each Member State will complement the achievement of this target.
Amendment 141 #
2020/0006(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) The resources from the JTF should complement the resources available under cohesion policy and should not lead to cuts or compulsory transfers from the EU funds covered by the Regulation.../…[new CPR].
Amendment 155 #
2020/0006(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) Transitioning to a climate-neutral economy is a challenge for all Member States. It will be particularly demanding for those Member States that rely heavily on fossil fuels or, have greenhouse gas intensive industrial activities or have industrial activities whose products are impacted by the transition to EU climate neutrality, which need to be phased out or which need to adapt due to the transition towards climate neutrality and that lack the financial means to do so. The JTF should therefore cover all Member States, but the distribution of its financial means should reflect the capacity of Member Statesstarting position of each Member State in the energy transition process as well as their capacity to finance the necessary investments to cope with the transition towards climate neutrality.
Amendment 165 #
2020/0006(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) This Regulation identifies types of investments for which expenditure may be supported by the JTF. All supported activities should be pursued in full respect of the climate and environmental, cohesion, industrial, mobility and energy policy priorities of the Union. The list of investments should include those that support local economies and are sustainable in the long- term, taking into account all the objectives of the Green Deal. The projects financed should primarily focus on mitigating negative economic and social impacts of the transition and contribute to a gradual transition to a climate-neutral and circular economy taking into account the economic, social and energy characteristics of each Member State. Investments in transitional energy sources such as natural gas should be eligible for support if such investments lead to a substantial reduction of greenhouse gas emissions, and allow for the use of renewable gas as a sustainable alternative. For declining sectors, such as energy production based on coal, lignite, peat and oil shale or extraction activities for these solid fossil fuels, support should be linkallowed toif the phasing out of the activity and the corresponding reduction in the employment levelterritorial just transition plan describes the phase-out strategy. As regards transforming sectors with high greenhouse gas emission levels, support should promote new activities through the deployment of new market-ready technologies, new processes or products, leading to significant emission reduction, in line with the EU 2030 climate objectives and EU climate neutrality by 205013 while maintaining and enhancing employment and avoiding environmental degradation. Particular attention should also be given to activities enhancing innovation and research inas well as deployment of advanced and sustainable technologies, as well as in the fields of digitalisation and connectivity, smart and sustainable mobility provided that such measures help mitigate the negative side effects of a transition towards, and contribute to, a climate- neutral and circular economy. _________________ 13 As set out in “A Clean Planet for all European strategic long-term vision for a prosperous, modern, competitive and climate neutral economy”, Communication from the Commission to the European Parliament, the European Council, the Council, the European Economic and Social Committee, the Committee of the Regions and the European Investment Bank - COM(2018) 773 final.
Amendment 186 #
2020/0006(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) To protect citizens who are most vulnerable to the climate transition, the JTF should also cover the up-skilling and reskilling of the affected workers, up to 25% of the total amount of the JTF, with the aim of helping them to adapt to new employment opportunities, through European certified skill classes that include both theoretical and practical modules, as well as providing job- search assistance to jobseekers and their active inclusion into the labour market.
Amendment 211 #
2020/0006(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) In order to enhance the economic diversification of territories impacted by the transition, the JTF should provide support to productive investment in SMEs, up-to at least 50% of the total amount of the JTF. Productive investment should be understood as investment in fixed capital or immaterial assets of enterprises in view of producing goods and services thereby contributing to gross-capital formation and employment. For enterprises other than SMEs, productive investments should only be supported if they are necessary for mitigating job losses resulting from the transition, by creating or protecting a significant number of jobs and they do not lead to or result from relocation. Investments in existing industrial facilities, including those covered by the Union Emissions Trading System, should be allowed if they contribute to the transition to a climate-neutral economy by 2050 and go substantially below the relevant benchmarks established for free allocation under Directive 2003/87/EC of the European Parliament and of the Council14 and if they result in the protection of a significant number of jobs. Any such investment should be justified accordingly in the relevant territorial just transition plan. In order to protect the integrity of the internal market and cohesion policy, support to undertakings should comply with Union State aid rules as set out in Articles 107 and 108 TFEU and, in particular, support to productive investments by enterprises other than SMEs should be limited to enterprises located in areas designated as assisted areas for the purposes of points (a) and (c) of Article 107(3) TFEU. _________________ 14Directive 2003/87/EC of the European Parliament and of the Council of 13 October 2003 establishing a scheme for greenhouse gas emission allowance trading within the Community and amending Council Directive 96/61/EC (OJ L 275, 25.10.2003, p. 32).
Amendment 229 #
2020/0006(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) In order to provide flexibility for the programming of the JTF resources under the Investment for jobs and growth goal, it should be possible to prepare a self- standing JTF programme or to programme JTF resources in one or more dedicated priorities within a programme supported by the European Regional Development Fund (‘ERDF’), the European Social Fund Plus (‘ESF+’) or the Cohesion Fund. In accordance with Article 21a of Regulation (EU) [new CPR], JTF resources shouldcan be reinforced with complementaryvoluntary transfers of funding from the ERDF and the ESF+. The respective amounts transferred from the ERDF and the ESF+ should be consistent with the type of operations set out in the territorial just transition plans.
Amendment 241 #
2020/0006(COD)
Proposal for a regulation
Recital 14
Recital 14
(14) The JTF support should be conditional on the real need for external support in the green transition and a present dependence on unsustainable business cycles, and provide the required support for local authorities, economic operators and society to begin the effective implementation of a transition process in a specific territory in order to achieve a climate-neutral economy. In that regard, Member States should prepare, in cooperation with the relevant stakeholders and supported by the Commission, territorial just transition plans, detailing the transition process, consistently with, and possibly going further than, their National Energy and Climate Plans. To this end, the Commission should set up a Just Transition Platform, which would build on the existing platform for coal regions in transition to enable bilateral and multilateral exchanges of experience on lessons learnt and best practices across all affected sectors.
Amendment 267 #
2020/0006(COD)
Proposal for a regulation
Recital 15
Recital 15
(15) The territorial just transition plans should identify the territories most negatively affected, where JTF support should be concentrated and describe specific actions to be undertaken to reach a climate-neutral economy, notably as regards the conversion or closure of facilities involving fossil fuel production or other greenhouse gas intensive activities or activities whose products are impacted by the transition to EU climate neutrality. Those territories should be precisely defined and correspond to NUTS level 3 regions or should be parts thereof. The plans should detail the challenges and needs of those territories and identify the type of operations needed in a manner that ensures the coherent development of climate-resilient economic activities that are also consistent with the transition to climate-neutrality and the objectives of the Green Deal. Only investments in accordance with the transition plans should receive financial support from the JTF. The territorial just transition plans should be part of the programmes (supported by the ERDF, the ESF+, the Cohesion Fund or the JTF, as the case may be) which are approved by the Commission.
Amendment 296 #
2020/0006(COD)
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
1. This Regulation establishes the Just Transition Fund (‘JTF’) to provide support to territories, people and economic activities facing serious socio-economic challenges deriving from the transition process towards a climate-neutral economy of the Union by 2050.
Amendment 309 #
2020/0006(COD)
Proposal for a regulation
Article 2 – paragraph 1
Article 2 – paragraph 1
In accordance with the second subparagraph of Article [4(1)] of Regulation (EU) [new CPR], the JTF shall contribute to the single specific objective ‘enabling regions, economic operators and people to address the social, economic and environmental impacts of the transition towards a climate- neutral economy’.
Amendment 315 #
2020/0006(COD)
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
1. The JTF shall support the Investment for jobs and growth goal in all Member States. The JTF shall prioritise regions heavily dependant on fossil fuel, with greenhouse gas intensive industrial activities or with industrial activities whose products are impacted by the transition to EU climate neutrality.
Amendment 349 #
2020/0006(COD)
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
1. The JTF shall only support activities that are directly linked to its specific objective as set out in Article 2 and which contribute to the implementation of the territorial just transition plans established in accordance with Article 7.
Amendment 357 #
2020/0006(COD)
Proposal for a regulation
Article 4 – paragraph 2 – subparagraph 1 – introductory part
Article 4 – paragraph 2 – subparagraph 1 – introductory part
In accordance with paragraph 1, the JTF shall exclusively support the following activities:
Amendment 363 #
2020/0006(COD)
Proposal for a regulation
Article 4 – paragraph 2 – subparagraph 1 – point a
Article 4 – paragraph 2 – subparagraph 1 – point a
(a) productive investments iand working capital in SMEs, and in enterprises other than SMEs, including start-ups, leading to economic diversification, modernisation and reconversion;
Amendment 381 #
2020/0006(COD)
Proposal for a regulation
Article 4 – paragraph 2 – subparagraph 1 – point b
Article 4 – paragraph 2 – subparagraph 1 – point b
(b) investments in the creation of new firms, including through business incubators, established and managed by economic operators, NGOs and specialised universities, and consulting services;
Amendment 407 #
2020/0006(COD)
Proposal for a regulation
Article 4 – paragraph 2 – subparagraph 1 – point d
Article 4 – paragraph 2 – subparagraph 1 – point d
(d) investments in the deployment of technology and infrastructures for affordable clean energy, in greenhouse gas emission reduction, energy efficiency and renewable energy, including SMEs and the households of the people directly affected by the transition;
Amendment 417 #
2020/0006(COD)
Proposal for a regulation
Article 4 – paragraph 2 – subparagraph 1 – point d a (new)
Article 4 – paragraph 2 – subparagraph 1 – point d a (new)
(da) investments related to the production, processing, distribution, storage or combustion of gas, provided that it is used as a bridging technology replacing coal, lignite, peat, or oil shale, and demonstrates it delivers significant reductions in greenhouse gas emissions. These investments should allow for the use of renewable gas at a later stage.
Amendment 427 #
2020/0006(COD)
Proposal for a regulation
Article 4 – paragraph 2 – subparagraph 1 – point d b (new)
Article 4 – paragraph 2 – subparagraph 1 – point d b (new)
(db) investment in district heatings;
Amendment 428 #
2020/0006(COD)
Proposal for a regulation
Article 4 – paragraph 2 – subparagraph 1 – point d c (new)
Article 4 – paragraph 2 – subparagraph 1 – point d c (new)
(dc) ensuring the security of energy supply;
Amendment 429 #
2020/0006(COD)
Proposal for a regulation
Article 4 – paragraph 2 – subparagraph 1 – point d d (new)
Article 4 – paragraph 2 – subparagraph 1 – point d d (new)
(dd) investments in the deployment of technology and infrastructures including charging infrastructures for electric vehicles to enable affordable, clean, smart and sustainable mobility contributing to greenhouse gas emission reduction and to the diversification of mobility solutions;
Amendment 442 #
2020/0006(COD)
Proposal for a regulation
Article 4 – paragraph 2 – subparagraph 1 – point f
Article 4 – paragraph 2 – subparagraph 1 – point f
(f) investments in regeneration and decontamination of sites and brown fields, land restoration and repurposing projects; elaborated and implemented by environmental NGOs or specialised companies, including investments in preparation of their support and background documentation and analysis;
Amendment 483 #
2020/0006(COD)
Proposal for a regulation
Article 4 – paragraph 2 – subparagraph 1 – point h
Article 4 – paragraph 2 – subparagraph 1 – point h
(h) upskilling and reskilling of workers through European certified skills classes that include both theoretical and practical modules;
Amendment 511 #
2020/0006(COD)
Proposal for a regulation
Article 4 – paragraph 2 – subparagraph 1 – point j a (new)
Article 4 – paragraph 2 – subparagraph 1 – point j a (new)
(ja) innovative infrastructure projects leading directly to regional growth and enhancing economic diversification, with the aim of achieving climate neutrality;
Amendment 526 #
2020/0006(COD)
Proposal for a regulation
Article 4 – paragraph 2 – subparagraph 1 a (new)
Article 4 – paragraph 2 – subparagraph 1 a (new)
Furthermore, investments should also enable the financing of costs of expertise and analysis to help to achieve the goals of a successful transformation in already existing or well-established companies under points c) to g).
Amendment 572 #
2020/0006(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point d
Article 5 – paragraph 1 – point d
(d) investment related to the production, processing, distribution, storage or combustion of fossil fuels, except for investment defined by Article 4(2)(da);
Amendment 605 #
2020/0006(COD)
Proposal for a regulation
Article 6 – paragraph 1 – subparagraph 1
Article 6 – paragraph 1 – subparagraph 1
The JTF resources shall be programmed for the categories of regions where the territories or economic activities concerned are located, on the basis of the territorial just transition plans established in accordance with Article 7 and approved by the Commission, as part of a programme or a programme amendment. The resources programmed shall take the form of one or more specific programmes or of one or more priorities within a programme.
Amendment 636 #
2020/0006(COD)
Proposal for a regulation
Article 6 – paragraph 2
Article 6 – paragraph 2
2. The JTF priority or priorities shall comprise the JTF resources consisting of all or part of the JTF allocation for the Member States and the resources voluntarily transferred in accordance with Article [21a] of Regulation (EU) [new CPR]. The total of the ERDF and ESF+ resources transferred to the JTF priority shall be at least equal to one and a halfup to three times the amount of support from the JTF to that priority but shall not exceed three times that amount.
Amendment 653 #
2020/0006(COD)
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
1. Member States shall prepare, together with the relevant authorities of the territories concerned, and with the assistance of the European Investment Bank, where relevant to ensure complementarity with the other pillars of the Just Transition Mechanism, one or more territorial just transition plans covering one or more affected territories corresponding to level 3 of the common classification of territorial units for statistics (‘NUTS level 3 regions’) as established by Regulation (EC) No 1059/2003 of the European Parliament and of the Council as amended by Commission Regulation (EC) No 868/201417 or parts thereof, in accordance with the template set out in Annex II. Those territories shall be those most negatively affected based on the economic and social impacts resulting from the transition, in particular with regard to expected job losses in fossil fuel production and use and the transformation needs of the production processes of industrial facilities with the highest greenhouse gas intensity. _________________ 17 Regulation (EC) No 1059/2003 of the European Parliament and of the Council of 26 May 2003 on the establishment of a common classification of territorial units for statistics (NUTS) (OJ L 154 21.6.2003, p. 1).
Amendment 689 #
2020/0006(COD)
Proposal for a regulation
Article 7 – paragraph 2 – point b
Article 7 – paragraph 2 – point b
(b) a justification for identifying the territories or economic activities as most negatively affected by the transition process referred to in point (a) and to be supported by the JTF, in accordance with paragraph 1;
Amendment 695 #
2020/0006(COD)
Proposal for a regulation
Article 7 – paragraph 2 – point c
Article 7 – paragraph 2 – point c
(c) an impact assessment of the transition challenges faced by the most negatively affected territories, including the social, economic, and environmental impact of the transition to a climate-neutral economy, identifying the potential number of affected jobs and job losses, the development needs and objectives, to be reached by 2030 linked to the transformation or closure of greenhouse gas-intensive activities in those territories;
Amendment 713 #
2020/0006(COD)
Amendment 730 #
2020/0006(COD)
Proposal for a regulation
Article 7 – paragraph 2 – point h
Article 7 – paragraph 2 – point h
(h) where support is provided to productive investments to enterprises other than SMEs, an exhaustive list of such operations and enterprises and a justification of the necessity of such support through a gap analysis demonstrating that the expected job losses would exceed the expected number of jobs created in the absence of the investmentdemonstrating its necessity for the protection of a number of jobs;
Amendment 735 #
2020/0006(COD)
Proposal for a regulation
Article 7 – paragraph 2 – point i
Article 7 – paragraph 2 – point i
(i) where support is provided to investments to achieve the reduction of greenhouse gas emissions from activities listed in Annex I to Directive 2003/87/EC, an exhaustive list of operations to be supported and a justification that they contribute to a transition to a climate neutral economy and lead to a substantial reduction in greenhouse-gas emissions going substantially below the relevant benchmarks established for free allocation under Directive 2003/87/EC and provided that they are necessary for the protection of a significant number of jobs;
Amendment 747 #
2020/0006(COD)
Proposal for a regulation
Article 7 – paragraph 3
Article 7 – paragraph 3
3. The preparation and implementation of territorial just transition plans shall involve the relevant partners in accordance with Article [6] of Regulation (EU) [new CPR]. The Managing Authorities implementing the JTF shall coordinate with the implementing partners and financing partners under the other pillars of the JTM, as applicable.
Amendment 753 #
2020/0006(COD)
Proposal for a regulation
Article 7 – paragraph 4 – subparagraph 1
Article 7 – paragraph 4 – subparagraph 1
Territorial just transition plans shall be consistent with the territorial strategies referred to in Article [23] of Regulation (EU) [new CPR], with relevant smart specialisation strategies, the NECPs and the European Pillar of Social Rights. They shall also provide elements of information regarding other pillars of the JTM.
Amendment 772 #
2020/0006(COD)
Proposal for a regulation
Article 8 – paragraph 2
Article 8 – paragraph 2
2. For output indicators, baselines shall be set at zero. The milestones set for 2024 and targets set for 2029 shall be cumulative. Targets shall not be revised after the request for programme amendment submitted pursuant to Article [14(2)] of Regulation (EU) [new CPR] has been approved by the Commission.
Amendment 777 #
2020/0006(COD)
Proposal for a regulation
Article 8 – paragraph 3
Article 8 – paragraph 3
3. Where a JTF priority supports the activities referred to in points (h), (i) or (j) of Article 4(2), data on the output indicators for participants shall only be transmitted where all the data relating to that participant, required in accordance with Annex III are available.
Amendment 794 #
2020/0006(COD)
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
Where the Commission concludes, based on the examination of the final performance report of the programme, that there is a failure to achieve at least 650% of the target established for one or more output or result indicators for the JTF resources, it may make financial corrections pursuant to Article [98] of Regulation (EU) [new CPR] by reducing the support from the JTF to the priority concerned in proportion to the achievements.
Amendment 821 #
2020/0006(COD)
Proposal for a regulation
Annex I – paragraph 1 – point a – point ii
Annex I – paragraph 1 – point a – point ii
(ii) employment in mining and energy use of coal and lignite (weighting 25%),
Amendment 845 #
2020/0006(COD)
Proposal for a regulation
Annex I – paragraph 1 – point b
Annex I – paragraph 1 – point b
(b) the allocations resulting from the application of point (a) are adjusted to ensure that no Member State receives an amount exceeding EUR 2 billion, or 5 billion for a Member State that can justify with clear indicators that it holds a larger proportion of vulnerable regions where the transition to an environmentally sustainable energy policy would create tangible socio-economic risks above the average of other Member States. The amounts exceeding EUR 2 billion per Member State, or 5 billion for heavily affected Member States, are redistributed proportionally to the allocations of all other Member States. The Member States shares are recalculated accordingly;
Amendment 879 #
2020/0006(COD)
Proposal for a regulation
Annex II – point 2 – point 2.3
Annex II – point 2 – point 2.3
Amendment 1 #
2019/2211(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Acknowledges that Europe’s economy is showing signs of less dynamic growth; highlights that more must be done to support Member States which are experiencingfollowed its sixth year of uninterrupted growth while in 2019, Europe’s economy has continued to expand, providing jobs to a record number of people and lifting them out of poverty and social exclusions. Acknowledges, that structural reforms, investment and responsible fiscal policies implemented by the Member States contributed to the current economic growth while cohesion policy played a key role although there is more to be done for the Member States with slower growth and high unemployment, particularly where young people are concerned;
Amendment 20 #
2019/2211(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. NotStresses that global growth prospects are uncertain and that trade tensions in the manufacturing sector have a negative impact on investmentwell-targeted investment are highly important to make the EU economy stronger combined with improving the efficiency and result orientation of cohesion policy and well negotiated trade agreements with third countries;
Amendment 25 #
2019/2211(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Points out that the European Semester must consistently contribute to the elimination of social, economic and territorial inequalities and disparities between EU regionsStresses that low incomes in some Member States remain a challenge for the Cohesion Policy, high poverty rates coupled with precarious employment leads to high rates of emigration inside the European Union requiring clear and concentrated measures in order to ensure a demographical balance;
Amendment 38 #
2019/2211(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Stresses that the European Semester should further economic and social convergence betweenHighlights the wide regionsal and Member States by adjusting trade imbalancterritorial disparities, reducing the excessive surplus and giving effect to existing sanctions; highlights the fact that the European goal of more inclusive growth means greater investment in infrastructure, education and training, health, and research and innovation; stresses that increases in productivity should lead to increased pay;main a key issue of concern. In this respect cohesion, policy investments are crucial to decrease these disparities and welcomes the stronger link in the MFF for the period 2021-2027 between cohesion policy and structural reforms.
Amendment 53 #
2019/2211(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Reiterates the crucial role of cHighlights the significant investment gaps in research and innovation, including in digital infrastructure and intangible assets which can be addressed through the Cohesion pPolicy, as the main investment policy in Europe, in the recovery process;tic objectives combined with Horizon Europe programme, underlinesing the need to increase the budget for cohesion policy for the 2021-2027 period, in order to maintain its European added value, thus contributing to economic growth, social inclusion, innovation and environmental protection;
Amendment 68 #
2019/2211(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. WBelcomes the inclusion of the Sustainable Development Goals in the European Semester, with the aim of putting people, their health and the planet at the centre of economic policy; notes that, in this respect, special attention must be paid to the labour market, by safeguarding existing jobs and creating new ones;ieves in a stronger link between the European Semester and Cohesion Policy while there is a need for better and deeper assessing the regional and local investment needs and the synergies between Cohesion Policy funds, centrally managed funds like Horizon Europe and the financial instruments in order to fill in the investment gap.
Amendment 86 #
2019/2211(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Acknowledges that the Green Deal and ecological challenges are among the most important priorities of the European Union and stresses that the European Commission must contribute consistently to the support of the industrial reconversion of the most polluting sector of the European industries;
Amendment 90 #
2019/2211(INI)
Draft opinion
Paragraph 7
Paragraph 7
Amendment 102 #
2019/2211(INI)
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Notes that some Member States are in urgent need for investment in infrastructure and public services and calls on the European Commission to find the necessary instruments to transmit the knowhow of more developed countries in this sector to the countries in need.
Amendment 104 #
2019/2211(INI)
Draft opinion
Paragraph 8
Paragraph 8
Amendment 111 #
2019/2211(INI)
Draft opinion
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Points out that the European Semester should take into account the promotion of access to effective funding in highly polluting sectors in order to research and implement ecological and less polluting solutions with the aim of reducing toxic gasses;
Amendment 115 #
2019/2211(INI)
Draft opinion
Paragraph 8 b (new)
Paragraph 8 b (new)
8b. Calls on the Commission to urge the Member States to increase the cooperation between national and regional authorities and all the steak- holders in order to jointly establish development priorities and the distribution of funds stimulating the engagement of the civil society in their own future;
Amendment 117 #
2019/2211(INI)
Draft opinion
Paragraph 8 c (new)
Paragraph 8 c (new)
8c. Acknowledges the importance of independent communication channels and correct information at the national, regional and local levels; therefore we strongly recommend to the European Commission to put in place measures to support independent journalism at the regional and local level to disseminate the European Values and the achievements of the Cohesion Policy;
Amendment 118 #
2019/2211(INI)
Draft opinion
Paragraph 8 d (new)
Paragraph 8 d (new)
8d. Points out that the European Semester should assess the measures for real and accessible information for all the potential eligible beneficiaries of European Funds;
Amendment 119 #
2019/2211(INI)
Draft opinion
Paragraph 8 e (new)
Paragraph 8 e (new)
8e. Considers that there is a need for further simplification and greater flexibility of mechanisms of accessing European Funds both at the Commission and at the Member States level, an increase of the access to the funds for the potential beneficiaries including NGOs and economic actors.
Amendment 120 #
2019/2211(INI)
Draft opinion
Paragraph 8 f (new)
Paragraph 8 f (new)
8f. Emphasises that the degree of involvement of the social partners at national level is still low and that both the Commission and the Member States governments should do more to ensure that they are regularly consulted and their views are taken into consideration in both policy and decision-making.
Amendment 121 #
2019/2211(INI)
Draft opinion
Paragraph 8 g (new)
Paragraph 8 g (new)
8g. Stresses that the ecological transformation of the European economy and society must not overshadow the importance of the economical and industrial development of the European Union and its position in the global economy; furthermore the Commission should take into account the promotion of access to effective development tools for all the steak-holders in the regions most affected by the ecological transition.
Amendment 122 #
2019/2211(INI)
Draft opinion
Paragraph 8 h (new)
Paragraph 8 h (new)
8h. Welcomes the European Commission's proposal to establish a Just Transition Fund in order to boost investments in climate-friendly technologies; stresses that the fund also aims to compensate efforts, requiring several economic sectors to comply with the EU’s climate objectives; warns that the money used for the constitution of the just transition fund should not impact the overall level of cohesion allocations; recalls the European Parliament's position to maintain the level of cohesion funding in the next MFF; notes that some existing cohesion funds already contribute to the fight against climate change.
Amendment 123 #
2019/2211(INI)
Draft opinion
Paragraph 8 i (new)
Paragraph 8 i (new)
8i. Stresses that the implementation of Green Deal projects will require significant levels of know-how, manpower and expertise; calls for the EIB and the Commission to ramp up their efforts to provide assistance to project holders and local, regional and national authorities;
Amendment 124 #
2019/2211(INI)
Draft opinion
Paragraph 8 j (new)
Paragraph 8 j (new)
8j. Welcomes the EU's commitment to implement the SDGs both in its policies and their inclusion in the European Semester; believes that Implementation of the SDGs should be on the focus of the EU in the next years.
Amendment 2 #
2019/2190(INI)
Motion for a resolution
Citation 3 a (new)
Citation 3 a (new)
- having regard to Regulation (EU) 2019/881 of the European Parliament and of the Council of 17 April 2019 on ENISA (the European Union Agency for Cybersecurity) and on information and communications technology cybersecurity certification and repealing Regulation (EU) No 526/2013 (Cybersecurity Act),
Amendment 37 #
2019/2190(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Stresses that due to the COVID-19 crisis, showed it is of paramount importance for the protection of EU citizens that in all the crises that might challenge the European Union the safety of all products needed to tackle the emergencyies is the highest, especially for medical and protective equipment, including products from outside the EUsold on line and products from outside the EU; stresses the need for online platforms and online market places to take proactive measures to tackle misleading practices and disinformation regarding emergency products sold online; calls, therefore, on the Commission and Member States to strengthen their coordinated actions within the product safety framework;
Amendment 45 #
2019/2190(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Welcomes Regulation (EU) 2019/1020 on market surveillance but highlights that, with the exception of customs checks, it only applies to products subject to Union harmonisation legislation, while around one third of all products circulating in the EU are non-harmonised products; urges the Commission to update and establish aligned market surveillance rules, including those for for offline and online, for both harmonized and non-harmoniszed products, and make them fit for purpose in the digital age;
Amendment 52 #
2019/2190(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Points out the need to adapt product safety rules to the digital worldnew market realities and the imperatives of the green and digital transition; asks the Commission to address the challenges of emerging technologies such as 3D-printingartificial intelligence (AI), the internet of things (IoT) and, robotics and others in its revision of the General Product Safety Directive (GPSD), and to identify and close gaps within existing legislation such as the Machinery Directive and Radio Equipment Directive, while avoiding duplicating legislation;
Amendment 58 #
2019/2190(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Calls on the Commission to redefine the term ‘product’ as part of the revision of the GPSD in coordination with potential revision of other legislative frameworks such as the Product Liability Directive (PLD), so that it reflects the complexity of emerging technologies, including stand-alone software and software or updates which entail substantial modification to the product leading to a de facto new product;
Amendment 71 #
2019/2190(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Agrees AI systems should be safe in order to be trustworthy, as outlined by the High-Level Expert Group in its Ethics Guidelines for trustworthy AI; is convinced that an EU-wide approach to AI, including a common definition, is needuropean operational framework is of key importance in avoiding the fragmentation of the Single Market, resulting from differing national legislations. Thus, the EU needs to avoidct at the European level in terms of a fragmentation of the internal market, which would underminwork for investment, data infrastructure, research and common ethical norms that would enhance the trust of citizens and businesses, create legal uncertainty and weakenimprove the EU’s economic competitiveness;
Amendment 76 #
2019/2190(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Stresses that the Commission should screen the existing AI standards in place and consult with businesses and other stakeholders to understand which new standards are needed, should carry out a periodic assessment of the European regulatory framework related to AI in order to ensure the product safety, consumer and data protection;
Amendment 78 #
2019/2190(INI)
Motion for a resolution
Paragraph 6 b (new)
Paragraph 6 b (new)
6b. Stresses that the Commission should find ways to use AI technology and blockchain for the benefit of the product safety by for instance the creation of complex interoperable databases regarding the real physical and psychological damage inflicted on the consumer by unsafe products raising awareness for both the consumers and the producers and thus lead to the improvement of the products
Amendment 86 #
2019/2190(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. EncourageAsks the Commission to assess the feasibility of developing measures, such as risk-based assessment schemes and conformity assessment mechanisms, where they do not yet exist, tothat ensure the safety and security of products with embedded emerging technologies, and to provide support to SMEs to reduce the burden such measures can creat; underlines that products with embedded emerging technologies such as AI may evolve with the time via updates and self- learning processes and that these measures that apply only at the time of the placing of the product on the market may therefore not be fit for purpose;
Amendment 94 #
2019/2190(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. underlines that European SMEs must not be adversely affected by obligations and rules on product safety that may entail a disproportionate burden, and calls the Commission to support them and to explore solutions that ensure a stable, predictable and properly regulated environment in which SMEs can conduct their businesses and keep their competitiveness in the European Single Market;
Amendment 95 #
2019/2190(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Highlights the fact that the connectivity of products can lead to new safety and security risks; urges the Commission to thoroughly reassess the potential risks of connected products and adapt the application of conformity assessment modules for those products with a substantially increased risk level;
Amendment 100 #
2019/2190(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Urges the Commission to evaluate, in case of a necessary reassessment of products, whether more flexibility could be considered for low-risk products for the purposes oftake into account the 'think small first' principle when assessing the feasibility of such measures; considers that such measures should take due account of the need to provide support to SMEs to reduce the burden these measures can create; urges the Commission to use the existing legal framework for low-risk products and allow for the least stringent conformity assessment schemes to be used in order to reduce the administrative burden and facilitate product refurbishment;
Amendment 115 #
2019/2190(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Encourages economic operators to integrate safety mechanisms in emerging technologies, including self-repair mechanisms, to prevent the upload of unsafe software, raise awareness of safety problems of their products, and ensure and improve safety throughout their lifecycle;
Amendment 120 #
2019/2190(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Calls on the Commission and the Member States to enhance connectivity infrastructure, including new communication technologies, like 5G, in order to also improve the safety of connected products;
Amendment 123 #
2019/2190(INI)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. Highlights that the risks derived from software updates, faulty data and loss of connectivity of emerging digital technologies can result in risks safety and health damages and urges the Commission to update the current legislation in order to address those risks;
Amendment 129 #
2019/2190(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Is convinced that the cybersecurity of connected devices can compromise product safety, and that thiUnderlines that connected devices and interlinked services are subject to cyber-attacks and in order to improve the safety of products, cybersecurity concerns needs to be addressed in the revision of the relevant rules and recommendations;
Amendment 139 #
2019/2190(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Calls on the Commission to speed up its efforts to develop a European cybersecurity certification scheme for AI, IoT and robotics products, and to create mandatory certification schemes for consumer products that can be quickly updated to adapt to current risks without hindering innovation;
Amendment 157 #
2019/2190(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Encourages the Commission to cooperate with the Member States in order to increase the resources and expertise of their market surveillance authorities, to enhance cooperation among them, including at cross-border level and online markets, improve the efficiency and effectiveness of checks, and properly staff custom authorities so as to be able to identify unsafe products, in particular from third countries, and prevent their circulation in the internal market;
Amendment 169 #
2019/2190(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Urges Member States to set minimum sampling rates; and asks market surveillance authorities to carry out sector- specific mystery shopping, including from online shopping marketplaces, on a regular basis at least once a year, in particular for the product categories most notified on the Safety Gate (Rapex);
Amendment 171 #
2019/2190(INI)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15a. Asks the Commission to use the revision of the GPSD to clarify market surveillance authorities should contact the relevant economic operator in the following orders: EU-based authorised representative with a mandate from the manufacturer, EU-based manufacturer, importer & distributor or fulfilment service provider;
Amendment 173 #
2019/2190(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Calls on the Commission to swiftly adopt implementing acts in accordance with Regulation 2019/1020, and in particular Article 25 thereof, laying down benchmarks and techniques for checks on harmonised and non-harmonised products, and to include minimum requirements on scale and frequency of checks for products entering the Union market so as to ensure consistent, effective and uniform enforcement of Union law;
Amendment 174 #
2019/2190(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16a. Calls on the Commission to require economic operators placing products on the EU market to make available to the public and to the market surveillance authorities lists of their product models, technical specifications accompanied by a picture, to prevent circumvention of controls.
Amendment 189 #
2019/2190(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Asks the Commission to cooperate with the regulatory authorities of third countries, to exchange market surveillance- related information on dangerous products with them, and to include market surveillance in all bilateralFree trade agreements;
Amendment 190 #
2019/2190(INI)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18a. Asks the Commission to explore the option, that suppliers, which are established in a third country, have to designate a legal representative, established in the Union, who can beheld accountable for the selling of products, to European consumers, which do not comply with Union rules of safety;
Amendment 195 #
2019/2190(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Urges the Commission to improve, at European and international level, cooperation between consumer protection, market surveillance and customs authorities and consumers so as to enable the swift transfer of information on unsafe products, and coordination of enforcement measures, and to make available to the general public information about controls and sanctions, including a blacklist of re-offenders;
Amendment 208 #
2019/2190(INI)
Motion for a resolution
Paragraph 20 a (new)
Paragraph 20 a (new)
20a. Urges the Commission to further harmonise the methodology and criteria for assessing risks in all Member States in order to ensure a level playing field for all economic operators;
Amendment 219 #
2019/2190(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. EncouragesNotes that while online platforms, such as online market places, have benefited both retailers and consumers by improving choice and lowering prices, at the same time, an increasing number of non-compliant sellers - especially from third countries – are offering unsafe or illegal products in the European market, therefore urges the Commission to establish regulations in order to ensure the cooperation of the online marketplaces to react as quickly as possible to notifications from Rapex, and to cooperate effectively with the Member States’ competent authorities by immediately withdrawing unsafe products, and taking measures to avoid that they reappear; asks the Commission to create guidelines for online marketplaces on how to react effectively to unsafe products;
Amendment 228 #
2019/2190(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Asks onlinStresses that the Commission should establish clear guide lines for the marketplaces to enhance their cooperation, consult Rapex before placing products on their websites, exchange information on sellers that break the rules, take effective measures against them and their supply chain, and develop an easily accessible tool for consumers to report unsafe products;
Amendment 231 #
2019/2190(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Urges the Commission and the Member States to oblige online marketplaces to create an interfaceto assess how online marketplaces could improve their interconnection with the Rapex system in order to ensure that products offered for sale are safe, and require them to introduce a link to Rapex on their websites so as to raise awareness about this platform;
Amendment 252 #
2019/2190(INI)
Motion for a resolution
Paragraph 27
Paragraph 27
27. Welcomes the fact that the European standardisation programme for 2020 addresses the challenges emerging within the Digital Single Market, such as AI, IoT, protection of data, including health data, cybersecurity and automated mobility; asks the Commission to define standardsmandate Cen-Cenelec to define standards, including for traditional sectors, not previously using IT, allowing the deployment of interoperable technologies to provide for safe EU-wide emerging technologies;
Amendment 256 #
2019/2190(INI)
Motion for a resolution
Paragraph 27 a (new)
Paragraph 27 a (new)
27a. Stresses that the safety of products should be a priority for the Commission in updating the legislation in order to cover security risks generated by connected products and the risks to be hacked.
Amendment 271 #
2019/2190(INI)
Motion for a resolution
Paragraph 29 a (new)
Paragraph 29 a (new)
29a. Acknowledges, that the success of any product or innovation stands and falls with the trust placed in its quality and safety and that the EU’s goal must be to ensure this trust, especially in an increasingly digital networked world; encourages the European Commission to further develop the established and successful quality infrastructure, consisting of metrology, standardisation, accreditation, conformity assessment and market surveillance, in consultation with all partners involved, to meet these new challenges;
Amendment 281 #
2019/2190(INI)
Motion for a resolution
Paragraph 31
Paragraph 31
31. Asks retailers, online marketplaces and consumer associations to play a greater role in recalls of unsafe products purchased online or offline by ensuring adequate information is available to consumers, asks the Commission to assess how new technologies and algorithms can make this process more effective and ensure that a larger number of affected consumers are reached;
Amendment 283 #
2019/2190(INI)
Motion for a resolution
Paragraph 31 a (new)
Paragraph 31 a (new)
31a. Urges the Commission to develop legislation obliging online marketplaces, given their direct communication with consumers, to inform consumers in case they bought an unsafe or otherwise non- compliant product from their online marketplace;
Amendment 288 #
2019/2190(INI)
Motion for a resolution
Paragraph 33
Paragraph 33
33. Calls on Commission and Member States to foresee a non-burdensome feedback report on recalls by economic operators to be submitted to the market surveillance authorities in order to assess the effectiveness of the recall;
Amendment 1 #
2019/2182(INL)
Draft opinion
Recital -A (new)
Recital -A (new)
-A. whereas the use of asbestos fibres and products containing these fibres added intentionally has been prohibited as from January 20051a __________________ 1aEU Regulation No 1907/2006 of the European Parliament and of the Council of 18 December 2006
Amendment 2 #
2019/2182(INL)
Draft opinion
Recital -A a (new)
Recital -A a (new)
-Aa. whereas Member States must ensure the complete phase-out of Asbestos fibres at the latest by 20251a __________________ 1aEU Regulation No 2016/1005 of 22 June 2016 amending Annex XVII to Regulation (EC) No 1907/2006 as regards asbestos fibres (chrysotile)
Amendment 15 #
2019/2182(INL)
Draft opinion
Recital B
Recital B
B. whereas the extensive use of asbestos in constructionasbestos residues in buildings and constructions containing asbestos poses a threat to building users and occupants;
Amendment 19 #
2019/2182(INL)
Draft opinion
Recital C a (new)
Recital C a (new)
Ca. whereas the removal of asbestos places a financial burden on building owners; whereas the introduction of requirements for the safe removal of asbestos must be socially fair and must be accompanied by appropriate measures to support owners to finance the needed renovations, as well as accompanying measures for SMEs conducting works;
Amendment 22 #
2019/2182(INL)
Draft opinion
Paragraph -1 (new)
Paragraph -1 (new)
-1. Welcomes the Commission’s commitment to present a legal proposal to further reduce workers exposure to asbestos in 2022;
Amendment 23 #
2019/2182(INL)
Draft opinion
Paragraph 1 – introductory part
Paragraph 1 – introductory part
1. Calls on the Commission to brconsider in addition bringing forward, on the basis of Article 169(3) and Article 114(1) of the Treaty on the Functioning of the European Union, a legislative proposal which introducinges a mandatory screening for the presence of asbestos in buildings before theiruilt before 2005, or the year in which the national ban on asbestos was introduced, before an initial sale or rental, and laying down minimum requirementclear harmonised standards for locating and identifying all materials containing asbestos in buildings constructed before 2005, or the year in which the national ban on asbestos was introduced,, while being socially fair and taking into consideration the owner of the buildings under the following conditions:
Amendment 28 #
2019/2182(INL)
Draft opinion
Paragraph 1 – point a
Paragraph 1 – point a
a. the screening shall consists of a diagnosis of the presence of any asbestos or the lack thereof and must be followed by actionrecommendations on what actions are needed to reduce the risk posed by any asbestos detected, including if encapsulating or total removal is necessary;
Amendment 32 #
2019/2182(INL)
Draft opinion
Paragraph 1 – point b
Paragraph 1 – point b
b. the screening shall be validated by an asbestos risk certificate detailing the areas screened and, where appropriate, the action taken, the presence or lack thereof of any asbestos and, where appropriate, by recommendations on what actions are needed to reduce the risk posed by asbestos;
Amendment 43 #
2019/2182(INL)
Draft opinion
Paragraph 1 – point e a (new)
Paragraph 1 – point e a (new)
ea. the certificate shall be valid for the lifetime of the building; the original certificate, which established the first screening for the presence of asbestos in buildings, does not have to be renewed for each sale or rental; the original certificate shall be registered in a database and no further action shall be needed; the removal of asbestos shall be a one-time event that does not change with time; each new owner shall not be required to get a new certificate.
Amendment 52 #
2019/2182(INL)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Calls on Member States to develop a list of certified operators, which shall be made available by the competent national body; the certified operator shall communicate the results of the screening to the owner in a certificate, which should be reported to a competent national body (a one-stop shop).
Amendment 56 #
2019/2182(INL)
Draft opinion
Paragraph 1 b (new)
Paragraph 1 b (new)
1b. Notes the additional administrative burden of such new requirements; encourages Member States to grant potential fund and financial support for owners of the buildings to undertake the significant costs induced by the screening for the presence of asbestos and avoid the risk of abandon of buildings; this could include funding for the purchase of a building by the Member States.
Amendment 61 #
2019/2182(INL)
Draft opinion
Paragraph 1 c (new)
Paragraph 1 c (new)
1c. Calls on the Commission to take into account in its proposal specificities of SMEs; insists on the need to develop standardisation process to remove asbestos fibres to reduce the burden of the procedure and ease administrative burden on companies, especially for SMEs.
Amendment 64 #
2019/2182(INL)
Draft opinion
Paragraph 1 d (new)
Paragraph 1 d (new)
1d. Calls Member States for accompanying measures for SMEs; insists on the need to facilitate their work on the implementation of regulations related to asbestos, notably through guidance on the best practices to implement; encourages Member States to launch awareness-raising campaigns accompanying measures for SMEs; insists that the transition toward a European Union free of asbestos should be socially fair and include support for private owners and SMEs;
Amendment 68 #
2019/2182(INL)
Draft opinion
Paragraph 1 e (new)
Paragraph 1 e (new)
1e. Encourages Member States to keep a register of all recognised cases of asbestos-related occupational diseases.
Amendment 70 #
2019/2182(INL)
Draft opinion
Paragraph 1 f (new)
Paragraph 1 f (new)
1f. Calls on Member States to facilitate the free of charge access of this register for owners, buyers, renters, workers and SMEs; the certificate shall be annexed to the sale agreement and shall be made available to the tenants.
Amendment 72 #
2019/2182(INL)
Draft opinion
Paragraph 1 g (new)
Paragraph 1 g (new)
1g. Encourages Member States cooperate on the development of coordinated registration systems and databases and to share good practises related to asbestos issue in the single market.
Amendment 14 #
2019/0101(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) The type-approval requirements relating to emissions from motor vehicles have been gradually and significantly tightened through the introduction and subsequent revision of Euro standards. While vehicles in general have delivered substantial emission reductions across the range of regulated pollutants, this was not the case for NOx emissions from diesel engines or particles for gasoline direct injection engines, installed in particular in light-duty vehicles. Actions for correcting this situation are therefore neededIt is necessary that research, type-approval and theimplementation period are taken into account in any type of action that is to be taken.
Amendment 20 #
2019/0101(COD)
Proposal for a regulation
Recital 6 a (new)
Recital 6 a (new)
(6 a) According to the EEA report from 2016, the gap between real-world and laboratory emissions was mainly due to three factors: an outdated test procedure, flexibilities in the current procedure and in-use factors which are driver dependent. A study is required in order to establish the margin of error that is due to the driving style and to the outside temperature. A clear distinction should be made between the CF, the device-related margin of error and the margin of error of the in-use factor which is driver- and temperature-dependent.
Amendment 50 #
2019/0101(COD)
Proposal for a regulation
Recital 9 a (new)
Recital 9 a (new)
(9 a) In order to encourage the producers to have a proactive, pro- environmental attitude, the new technological innovations meant to absorb NOx should be tested, quantified and considered in the subsequent revision of Euro standards.
Amendment 4 #
2018/2208(DEC)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Welcomes the decision of the Office’s Management Board of 6 June 2018 to release the Executive Director from his duties with immediate effect; emphasises, however, that the budget for the 2017 financial year was implemented under the supervision of the Office’s previous management; highlights that this report concerns the discharge procedure for the 2017 financial year; welcomes the designation of an ad interim Executive Director on 6 June 2018 and the appointment of a new Executive Director on 16 June 2019; recognises the commitment of the new Executive Director to deliver significant reforms ensuring solid governance; appreciates the positive message and intention for future close cooperation expressed by the new Executive Director in the public hearing of 4 September 2019 ;
Amendment 6 #
2018/2208(DEC)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Welcomes the follow-up report by the Office on the observations of Parliament for the 2017 financial year, in particular corrective measures taken by the Office’s Management Board, the ad interim Executive Director and the new Executive Director in order to improve the governance structure of the Office, restore transparency and build trust; supports and appreciates the measures outlined by the 2019 EASO Governance Action Plan; urges the Office to regularly report to the discharge authority on the implementation of that Action Plan;
Amendment 9 #
2018/2208(DEC)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Acknowledges the efforts and appreciates the progress made on the implementation of internal control systems, including controls on procurement and expenditure operations; supports the decision to reduce and rapidly end outsourcing legal counselling by the establishment of an internal legal service; supports the Court’s observations on the need for further corrective actions;
Amendment 10 #
2018/2208(DEC)
Motion for a resolution
Paragraph 9
Paragraph 9
9. RecognisesNotes with satisfaction the implementation of two thirds of the corrective actions implemented by the Office regarding procurement procedures, in particular regarding the payments under irregular procurement processes, and the completion of new open procedures, which were audited by the Court without raising any comments;
Amendment 12 #
2018/2208(DEC)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Welcomes the ambitious recruitment plan put in place and its positive impact on the filling of vacant managerial and other positions; urges the Office to quickly finalise the recruitmentsnotes with satisfaction the implementation of new measures aimed at preventing harassment, increasing staff well-being and reducing turnover; urges the Office to quickly finalise the recruitments in full compliance with the relevant legal procedures and to provide a regular follow up on the results achieved;
Amendment 15 #
2018/2208(DEC)
Motion for a resolution
Paragraph 10 b (new)
Paragraph 10 b (new)
10b. Notes with satisfaction that most members of the Management Board have published their declarations of interest and curricula vitae on the Office website; welcomes the commitment of the new leadership to raise awareness, prevent, identify and address any potential situations of conflict of interest; calls on the office to develop and implement in this sense a comprehensive strategy outlining it in their next Governance Action Plan and to report to the discharge authority on the results achieved;
Amendment 16 #
2018/2208(DEC)
Motion for a resolution
Paragraph 10 c (new)
Paragraph 10 c (new)
10c. Notes with appreciation the measures intended by the new Office leadership to encourage and protect whistle-blowers; recalls that a safe environment for whistle-blowers is a key element for preventing, exposing and addressing irregular and unlawful practices; expects a rapid adoption of internal rules and guidelines concerning whistle-blowing and revolving doors and calls on the Office to further report on the results achieved;