BETA

2418 Amendments of Andreas SCHIEDER

Amendment 22 #

2023/2095(REG)


Rule 176 – paragraph 2 – subparagraph 4
Once the penalty becomes final, it shall be published prominently on Parliament's website as well as on the Member’s online page on Parliament’s website, and shall remain there for the rest of the parliamentary term.
2023/07/20
Committee: AFCO
Amendment 30 #

2023/2095(REG)


Annex I – Article 3 – paragraph 3 a (new)
3a. Before taking up the office of Vice-President, Quaestor, Chair or Vice- chair of a committee or delegation, the Member shall submit a declaration indicating whether or not he or she is aware of having a conflict of interest in relation to the responsibilities of that office. In cases of doubt, the Member may seek advice in confidence from the Advisory Committee on the Conduct of Members, established under Article 7. If the Member is aware of having such a conflict of interest, he or she shall describe the conflict in that declaration. In that case, he or she may only take up the office if the respective body decides that the conflict of interest does not prevent the Member from exercising his or her mandate in the public interest. When such a conflict of interest arises during the exercise of the office in question, the Member shall submit a declaration describing that conflict and shall refrain from exercising the responsibilities with regard to this situation of conflict.
2023/07/20
Committee: AFCO
Amendment 32 #

2023/2095(REG)


Annex I – Article 3 – paragraph 3 b (new)
3b. A Member who is proposed as a rapporteur or shadow rapporteur or as a participant in an official delegation or in interinstitutional negotiations shall submit a declaration indicating whether or not he or she is aware of having a conflict of interest in relation to respectively the report or opinion or the delegation or negotiations in question. In cases of doubt, the Member may seek advice in confidence from the Advisory Committee on the Conduct of Members, established under Article 7. If the Member is aware of having such a conflict of interest, he or she shall describe the conflict in that declaration. Where the Member who has been proposed as a rapporteur declares that he or she has a conflict of interest, the Member may not be appointed rapporteur. Where the Member who has been proposed as a shadow rapporteur or as a participant in an official delegation or in interinstitutional negotiations declares that he or she has a conflict of interest, the Member may not be designated as shadow rapporteur or as participant in an official delegation or in interinstitutional negotiations.
2023/07/20
Committee: AFCO
Amendment 34 #

2023/2095(REG)


Annex I – Article 4 – paragraph 2 – subparagraph 1 – point c
(c) any regular remunerated activity which the Member undertakesn alongside the exercise of his or her office, whether as an employee or as a self-employed personthe Member’s office, including the name of the entity as well as the field and the nature of the activity,
2023/07/20
Committee: AFCO
Amendment 37 #

2023/2095(REG)


Annex I – Article 5 – paragraph 1
1. Members of the European Parliament shall refrain from accepting, in the performance of their dutieir capacity as Members, any gifts or similar benefits, other than those with an approximate value of less than EUR 1500 given in accordance with courtesy usage or those given to them in accordance with courtesy usage when they are representing Parliament in an official capacity.
2023/07/20
Committee: AFCO
Amendment 38 #

2023/2095(REG)


Annex I – Article 5 – paragraph 2
2. Any gifts with an approximate value of more than EUR 100 presented to a Members in accordance with paragraph 1 when they are or she is representing Parliament in an official capacity shall be handed over to the President and dealt with in accordance with implementing measures to be laid down by the Bureau pursuant to Article 9.
2023/07/20
Committee: AFCO
Amendment 40 #

2023/2095(REG)


Annex I – Article 5 a (new)
Article 5a Publication of meetings 1. Members should only meet interest representatives that are entered in the transparency register. 2. Members shall publish online all scheduled meetings relating to parliamentary business - with interest representatives falling under the scope of the Interinstitutional Agreement on a mandatory transparency register, or - with representatives of public authorities of third countries, including their diplomatic missions and embassies. 3. The obligation laid down in paragraph 2 applies to meetings attended by the Member or by the Member’s parliamentary assistants on his or her behalf. 4. By way of derogation from paragraph 2, Members shall not publish a meeting the disclosure of which would endanger the life, physical integrity or liberty of an individual or may decide not to publish a meeting where there are other compelling reasons for maintaining confidentiality. Such meetings shall instead be declared to the President, who shall keep this declaration confidential or shall decide on an anonymised or delayed publication. The Bureau shall lay down the conditions under which the President may disclose such a declaration. 5. The Bureau shall provide for the necessary infrastructure on Parliament's website. 6. Article 4(5) shall apply mutatis mutandis.
2023/07/20
Committee: AFCO
Amendment 42 #

2023/2095(REG)


Annex I – Article 6 – paragraph 1 a (new)
Members shall not engage with former Members for a period of six months after the end of their mandate in any activity, within the meaning of Article 5a, which could allow the former Members to influence the formulation or implementation of policy or legislation, or the decision-making processes of Parliament.
2023/07/20
Committee: AFCO
Amendment 45 #

2023/2095(REG)


Annex I – Article 7 – paragraph 2 – subparagraph 1
The Advisory Committee shall be composed of five memberseight members. Five of those members shall be current Members of the European Parliament, appointed by the President at the beginning of his or her term of office from amongst, taking due account of the mMembers of the Committee on Constitutional Affairs and the Committee on Legal Affairs, taking due account of' experience and of political and gender balance. The other three members shall be external experts with personal integrity and experience in professional ethics. They shall be appointed by the President at the beginning of his or her term of office. In the case of a vote, only the Mmembers' experience and of politic of the Advisory Committee who are Members of the European Parliament shall balance eligible to vote.
2023/07/20
Committee: AFCO
Amendment 47 #

2023/2095(REG)


Annex I – Article 7 – paragraph 2 – subparagraph 2
EachThe office of chair shall rotate every six months among the members of the Advisory Committee shall serve as chair for six months on a rotating basiswho are Members of the European Parliament.
2023/07/20
Committee: AFCO
Amendment 51 #

2023/2095(REG)


Annex I – Article 7 – paragraph 4 – subparagraphs 2 a and 2 b (new)
The Advisory Committee shall proactively monitor compliance by Members with this Code of Conduct and its implementing measures. It shall signal to the President any possible breaches of those provisions. Alleged breaches of this Code of Conduct may be signalled directly to the Advisory Committee, which may assess them and advise the President on possible action to be taken. The Bureau may adopt rules on the procedure for the signalling of alleged breaches.
2023/07/20
Committee: AFCO
Amendment 3 #

2023/2042(INI)

Motion for a resolution
Citation 1
– having regard to the Agreement between the European Economic Community and the Swiss Confederation1, signed on 31 December 1972, _________________ 1 OJ L 300 31.12.1972, p. 189.
2023/05/17
Committee: AFET
Amendment 5 #

2023/2042(INI)

Motion for a resolution
Citation 4
– having regard to the rejection by Switzerland ofnegative Swiss referendum that rejected the membership tof the European Economic Area in 1992,
2023/05/17
Committee: AFET
Amendment 7 #

2023/2042(INI)

Motion for a resolution
Citation 5
– having regard to the Deciconclusion of the Council, and of the Commission as regards the Agreement on Scientific andseven sectoral agreements with the Swiss Confederation, known as ‘Bilaterals I’ covering the areas Free movement of persons, Technological Cooperation, of 4 April 2002 on the conclusion of seven Agreements with the Swiss Confederation, known as ‘Bilaterals I’barriers to trade (Mutual Recognition Agreement–MRA), Public procurement markets, Agriculture, Overland transport, Civil aviation and Research 4, _________________ 4 OJ, L 114, 30.4.2002.
2023/05/17
Committee: AFET
Amendment 10 #

2023/2042(INI)

Motion for a resolution
Citation 6
– having regard to nine additional sectoral agreements signed in 2004, known as ‘Bilaterals II’ covering the areas Asylum (Schengen/Dublin), Automatic exchange of information AIA, anti-fraud, Agricultural processing products, Environment, statistics, MEDIA (Creative Europe), pensions and Education ,
2023/05/17
Committee: AFET
Amendment 11 #

2023/2042(INI)

Motion for a resolution
Citation 7
– having regard to the Agreement between the European Community and the Swiss Confederation on mutual recognition in relation to conformity assessment5, which entered into force on 1 June 2002, _________________ 5 OJ L 114 30.4.2002, p. 369.deleted
2023/05/17
Committee: AFET
Amendment 13 #

2023/2042(INI)

Motion for a resolution
Citation 8
– having regard to Agreement between the European Community and the Swiss Confederation on trade in agricultural products, which entered into force on 1 June 20026, _________________ 6 OJ L 114 30.4.2002, p. 132.deleted
2023/05/17
Committee: AFET
Amendment 16 #

2023/2042(INI)

Motion for a resolution
Citation 9
– having regard to the Agreement between the European Community and the Swiss Confederation on certain aspects of government procurement7, _________________ 7 OJ L 114 30.4.2002, p. 430.deleted
2023/05/17
Committee: AFET
Amendment 17 #

2023/2042(INI)

Motion for a resolution
Citation 10
– having regard to the Agreement between the European Community and its Member States, of the one part, and the Swiss Confederation, of the other, on the free movement of persons8, _________________ 8 OJ L 114 30.4.2002, p. 6.deleted
2023/05/17
Committee: AFET
Amendment 18 #

2023/2042(INI)

Motion for a resolution
Citation 11
– having regard to the Agreement between the Swiss Confederation and the European Police Office in force since 2006,
2023/05/17
Committee: AFET
Amendment 22 #

2023/2042(INI)

Motion for a resolution
Citation 12
– having regard to the Agreement between Eurojust and Switzerland of 26 November 2008,;
2023/05/17
Committee: AFET
Amendment 25 #

2023/2042(INI)

Motion for a resolution
Citation 13
– having regard to the Agreement between the European Union and the Swiss Confederation concerning cooperation on the application of their competition laws9of 2014,; _________________ 9 OJ L 347, 3.12.2014, p. 3.
2023/05/17
Committee: AFET
Amendment 27 #

2023/2042(INI)

Motion for a resolution
Citation 15
– having regard to the Arrangement between the European Union and the Swiss Confederation on the modalities of its participation in the European Asylum Support Office11signed on 10 June 2014 and , ratified by Switzerland on 1 March 2016, _________________ 11 OJ L 65, 11.3.2016, p. 22.
2023/05/17
Committee: AFET
Amendment 30 #

2023/2042(INI)

Motion for a resolution
Citation 16
– having regard to the Agreement between the EU and Switzerland on the automatic exchange of financial account information, which entered into force on 1 January 2017, and which significantly facilitates the fight against tax evasion,
2023/05/17
Committee: AFET
Amendment 33 #

2023/2042(INI)

Motion for a resolution
Citation 19
– having regard to the decision by the Swiss Federal Council of 26 May 2021 to terminate the negotiations of the EU-Swiss In an Agreement between the EU and the Swiss Confederation on an institutional Fframework, governing bilateral relations;
2023/05/17
Committee: AFET
Amendment 36 #

2023/2042(INI)

Motion for a resolution
Citation 21
– having regard to Switzerland’s decision to increase itthe positive Swiss referendum on 15 May 2022 to increase Switzerland´s financial contribution to the European Border and Coast Guard Agency (Frontex),
2023/05/17
Committee: AFET
Amendment 39 #

2023/2042(INI)

Motion for a resolution
Citation 23
– having regard to the European Parliament recommendation of 18 June 2020 on the negotiations for a new partnership with the United Kingdom of Great Britain and Northern Ireland14, _________________ 14 OJ C 362, 8.9.2021, p. 90.deleted
2023/05/17
Committee: AFET
Amendment 42 #

2023/2042(INI)

Motion for a resolution
Recital A
A. whereas the EU and Switzerland are close like-minded allies and key economic partners with a strong focus on social and environmental sustainability;
2023/05/17
Committee: AFET
Amendment 46 #

2023/2042(INI)

Motion for a resolution
Recital B
B. whereas the EU and Switzerland have a long-standing relationship founded on shared values and goals of peace, social equality and economic prosperity;
2023/05/17
Committee: AFET
Amendment 48 #

2023/2042(INI)

Motion for a resolution
Recital B a (new)
Ba. whereas the EU and Switzerland share a strong commitment to uphold multilateralism and the rules-based international order, actively leading global efforts to address existential challenges like climate change, migration, and international security;
2023/05/17
Committee: AFET
Amendment 50 #

2023/2042(INI)

Motion for a resolution
Recital B b (new)
Bb. whereas Switzerland cooperates in select parts of the Common Foreign and Security Policy (CFSP) and has participated in the civil and military peace missions of the Common Security and Defence Policy (CSDP);
2023/05/17
Committee: AFET
Amendment 51 #

2023/2042(INI)

Motion for a resolution
Recital B c (new)
Bc. whereas the ongoing conflict in Ukraine has highlighted the necessity for the EU and Switzerland to deepen their partnership in the areas of foreign policy, security and crisis response; whereas Switzerland has aligned with the EU on sanctions against Russia and seeks new forms of cooperation in areas like security, research, innovation, and health; whereas Switzerland is prepared to expand its cooperation in security policy, focusing on areas like cybersecurity, hybrid threats, resilience, and disinformation, and aims to strengthen interoperability within the framework of the European Defence Agency;
2023/05/17
Committee: AFET
Amendment 53 #

2023/2042(INI)

C. whereas the Swiss Federal Council commissioned the development of key figureparameters for a negotiation mandate with the EU by the end of June 2023;
2023/05/17
Committee: AFET
Amendment 57 #

2023/2042(INI)

Motion for a resolution
Recital D
D. whereas to date, the EU and Switzerland have concluded over 120numerous bilateral agreements; whereas many of them urgently need to be updated to reflect the evolving priorities in areas such as climate change, digitalization, and workers' rights;
2023/05/17
Committee: AFET
Amendment 61 #

2023/2042(INI)

Motion for a resolution
Recital E
E. whereas Switzerlandthe Swiss Federal Council decided to terminate the negotiations on the EU-Swiss institutional framework agreement after 7 years of negotiations; whereas it was a missed opportunity for an even closer and fairer relationship between the EU and Switzerland; whereas a solution for a future EU-Switzerland relationship is needed that strengthens cooperation on social, economic, and environmental issues;
2023/05/17
Committee: AFET
Amendment 64 #

2023/2042(INI)

Motion for a resolution
Recital E a (new)
Ea. whereas the visit of Vice-President Šefčovič in March has generated a new impulse for discussions aimed at resolving institutional problems; whereas there is a demonstrated will on both sides to narrow the remaining gaps through the exploratory talks at both technical and political levels, which is crucial for progress; whereas it is essential for both parties to maintain momentum, continue moving in the right direction, and potentially accelerate their efforts to determine whether there is a solid foundation for full negotiations with the prospect of a swift, successful conclusion;
2023/05/17
Committee: AFET
Amendment 66 #

2023/2042(INI)

Motion for a resolution
Recital F
F. whereas Switzerland is deeply integrated into the EU single market; whereas a level playing field in the single market is necessarywell-functioning and effective single market, based on a highly competitive social market economy, is needed to boost growth and competitiveness and to create jobs; whereas to revitalise the economy, single market legislation must be properly transposed, implemented and enforced in order to bring about its full benefits in the EU Member States and Switzerland;
2023/05/17
Committee: AFET
Amendment 72 #

2023/2042(INI)

Motion for a resolution
Recital F a (new)
Fa. whereas the EU and Switzerland should work towards a more inclusive and sustainable economic model, promoting social cohesion and addressing income inequality, recognizing that Switzerland is the EU's third-biggest partner in terms of export of goods and its fourth biggest in terms of import of goods;
2023/05/17
Committee: AFET
Amendment 96 #

2023/2042(INI)

Motion for a resolution
Paragraph 1
1. Highlights the EU’s strong interest in cooperating with Switzerland on international peace, security and defence matters, in particular in response to Russia’s war of aggression against Ukraine; welcomes Switzerland’s alignment with EU sanctions adopted in this context, diverging fr; recognizes Switzerland’s com mits traditionally neutral stancement to preserving the international rules-based order;
2023/05/17
Committee: AFET
Amendment 100 #

2023/2042(INI)

Motion for a resolution
Paragraph 1 a (new)
1a. Highlights the fact that permanent neutrality has been a principle of Swiss foreign policy since 1815, and therefore the promotion of peace, mediation and peaceful conflict resolution have been an important part of Swiss foreign policy; Underlines Switzerland’s strong role in peace building and its involvement in helping to find solutions to crises, dialogue-facilitation, the development of confidence-building measures and reconciliation; welcomes the Swiss role as a facilitator in implementing complex federal structures and peace-brokered, constitutional arrangements, in order to ease the coexistence of different ethnic backgrounds;
2023/05/17
Committee: AFET
Amendment 102 #

2023/2042(INI)

Motion for a resolution
Paragraph 1 b (new)
1b. Recognizes the challenges facing the global order and the deficit of multilateralism, and values Switzerland's upcoming presidency of the United Nations Security Council (UNSC) as an opportunity to strengthen international cooperation and promote shared values;
2023/05/17
Committee: AFET
Amendment 107 #

2023/2042(INI)

Motion for a resolution
Paragraph 2
2. Welcomes Switzerland’s close stance with the EU’s common foreign and security policy, especially on humanitarian aid, civil protection, counter-terrorism and climate change; welcomes, further, Switzerland’s announcement in November 2021 that it would participate in the Permanent Structured Cooperation (PESCO); encourages further collaboration on social and humanitarian issues, as well as human rights and democracy promotion;
2023/05/17
Committee: AFET
Amendment 113 #

2023/2042(INI)

Motion for a resolution
Paragraph 2 a (new)
2a. Recognizes the importance of promoting human rights and democracy, and calls on Switzerland and the EU to work together to defend and promote these values, both within their respective territories and globally, including through the Human Rights and Democracy Action Plan and the Global Human Rights Sanctions Regime;
2023/05/17
Committee: AFET
Amendment 117 #

2023/2042(INI)

Motion for a resolution
Paragraph 3
3. Welcomes the fact that Switzerland is seeking closer cooperation with the EU and NATO; welcomes, in this regard, Switzerland’s involvement in the Partnership for Peace programme; urges Switzerland to deepen its cooperation with the EU on food security and defence; supports the exchange of best practices in the areas of crisis management and humanitarian assistance, in line with the EU’s Integrated Approach to external conflicts and crises;
2023/05/17
Committee: AFET
Amendment 121 #

2023/2042(INI)

Motion for a resolution
Paragraph 4
4. Notes that Switzerland’s alignment with EU sanctions against Russia is on a case-by-case basis; encourages Switzerland to maintain its commitment to the international rules-based order, to closely and consistently apply and implement all the adopted restrictive measures and to prevent their circumvention; encouragescalls on Switzerland to step upactively engage in international fora discussing the useizure and confiscation of Russian assets of frozen assets for the reconstruction in Ukraine and to continue to work closely with the European Union in this area;
2023/05/17
Committee: AFET
Amendment 128 #

2023/2042(INI)

Motion for a resolution
Paragraph 4 a (new)
4a. Expresses gratitude for Switzerland's humanitarian efforts in Ukraine, including the acceptance of refugees and significant financial support for the reconstruction of Ukraine, and encourages further collaboration between the EU and Switzerland in addressing the ongoing crisis;
2023/05/17
Committee: AFET
Amendment 133 #

2023/2042(INI)

Motion for a resolution
Subheading 2
Society and geopoliticsInstitutional framework and cooperation (Place former paragraphs 19-23 here.)
2023/05/17
Committee: AFET
Amendment 134 #

2023/2042(INI)

Motion for a resolution
Paragraph 4 b (new)
4b. Welcomes the fact that after a cooling off period, exploratory talks between the EU and Switzerland have been resumed;
2023/05/17
Committee: AFET
Amendment 137 #

2023/2042(INI)

Motion for a resolution
Paragraph 5
5. Welcomes the political statement following the conference of cantons of 24 March 2023 advocating treaty-based relations with the EU based on shared values; welcomes, further, Switzerland’s participation in the informal summits of the European Political Community; further encourages Switzerland to actively support efforts in promoting human rights and democratic values on the international stage;
2023/05/17
Committee: AFET
Amendment 139 #

2023/2042(INI)

Motion for a resolution
Paragraph 6
6. Recognises EU-Switzerland cooperation on international migration, including the management of flows and relocation of refugees; notes the large number of cross-border commuters between the EU and Switzerland;
2023/05/17
Committee: AFET
Amendment 145 #

2023/2042(INI)

Motion for a resolution
Paragraph 7
7. Regrets that Switzerland does not qualify to joparticipate in the EU Civil Protection Mechanism; calls on a future partnership with Switzerland within this framework; urges the exploration of possibilities for Swiss involvement in disaster prevention, preparedness, and response initiatives, to strengthen the overall resilience of both the EU and Switzerland;
2023/05/17
Committee: AFET
Amendment 149 #

2023/2042(INI)

Motion for a resolution
Subheading 3
Economy, access to the EU internal market and labour market
2023/05/17
Committee: AFET
Amendment 150 #

2023/2042(INI)

Motion for a resolution
Paragraph 8
8. Recalls the long-standing relationship between the EU and Switzerland founded on shared values and goals of peace, social justice and economic prosperity, as well as on their economic and social interdependence; underlines the common commitment to further strengthen the fight against abusive working conditions as well as for an effective enforcement of social rights throughout Europe; to this end, intends to further explore possibilities enabling Switzerland to join the European Labour Authority as well as the Internal Market Information System and thus to an even more effective commitment to fair working conditions and to implementing wage protection in the new European legal framework throughout Europe;
2023/05/17
Committee: AFET
Amendment 156 #

2023/2042(INI)

Motion for a resolution
Paragraph 8 a (new)
8a. Considers that the significant degree of integration Switzerland has with the EU internal market is a key factor for sustainable economic growth and makes the EU Switzerland’s most important economic and trading partner;
2023/05/17
Committee: AFET
Amendment 157 #

2023/2042(INI)

Motion for a resolution
Paragraph 8 b (new)
8b. Underlines that strong EU-Swiss relations go beyond economic integration, and that the extension of the single market contributes to stability and prosperity to the benefit of all citizens and businesses, including SMEs; underlines the importance of ensuring the proper functioning of the internal market in order to create a level playing field and generate quality jobs;
2023/05/17
Committee: AFET
Amendment 160 #

2023/2042(INI)

Motion for a resolution
Paragraph 9
9. Is concerned about Switzerland’s inconsistent implementation of certain agreements and its subsequent adoption of legislative measures and practices that are incompatible with those agreements, in particular with the Agreement on the free movement of persons;deleted
2023/05/17
Committee: AFET
Amendment 167 #

2023/2042(INI)

Motion for a resolution
Paragraph 9 a (new)
9a. Notes the large number of cross- border commuters between the EU and Switzerland; underlines the importance of the free movement of persons between the EU and Switzerland, the guarantees of residence and the undiscriminated access to social assistance of EU citizens; is therefore worried about possible consequences of any Swiss cantonal and national initiatives that could have the effect of restricting access to the Swiss labour market for EU workers, in particular cross-border workers; invites Switzerland to seek a solution which is fully compatible with the relevant EU instruments;
2023/05/17
Committee: AFET
Amendment 168 #

2023/2042(INI)

Motion for a resolution
Paragraph 9 b (new)
9b. Calls on Switzerland to strengthen the free movement of persons by introducing additional guarantees regarding residence and equal treatment in access to social assistance, in line with Directive 2004/38/EC on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States;
2023/05/17
Committee: AFET
Amendment 169 #

2023/2042(INI)

Motion for a resolution
Paragraph 9 c (new)
9c. Calls on Switzerland and the EU to apply the relevant EU legislation related to cross-border workers and services; calls on Switzerland also to consider cancelling the safeguard clause provided for in the Agreement on the Free Movement of Persons (AFMP) and applied to the workers from Croatia, bearing in mind benefits of the free movement of persons between the EU and Switzerland; stresses the importance of social legislation, the protection of high social standards and their effective application and enforcement, including efficient measures to protect and enforce workers rights, ensuring equal pay for equal work in the same place for mobile, posted and local workers;
2023/05/17
Committee: AFET
Amendment 172 #

2023/2042(INI)

Motion for a resolution
Paragraph 10
10. Notes that a largeRecalls that Switzerland’s current relationship with the EU is based on a complex network of sectoral bilateral agreements that has been developed in several steps; Notes that the existing number ofous bilateral agreements between the EU and Switzerland are rather outdated and need to be revisited in order to prevent their expiry, in particular those on enhanced access to the Swiss market for EU economic operators, in particular in the agriculture, food and services sectors and to take into account the evolution of relevant EU legislation in order to preserve mutual market access, in particular those on reciprocal market access for industrial goods, customs facilitation, free movement of persons, technical barriers to trade and public procurement; stresses the need to prioritize sustainable development, fair trade practices, and worker protection in any updates to these agreements; calls on the EU and Switzerland to find an agreement with the aim of bringing coherence to the existing complex set of bilateral agreements including establishing a dispute settlement mechanism;
2023/05/17
Committee: AFET
Amendment 176 #

2023/2042(INI)

Motion for a resolution
Paragraph 10 a (new)
10a. Notes the bilateral agreements signed between the European Union and Switzerland on the automatic exchange of financial account information; calls on the European Commission to continue to guarantee a level-playing field with these countries on taxation, in particular tax transparency and automatic exchange of information, and to adapt future agreements to new or expected European standards, such as DAC7 and Public Country-by-Country Reporting, and to ensure these standards are being followed and collaboration on compliance and enforcement is enabled; calls on both parties to cooperate more closely in the fight against tax fraud, anti-money laundering and tax evasion;
2023/05/17
Committee: AFET
Amendment 180 #

2023/2042(INI)

Motion for a resolution
Paragraph 11
11. NoteHighlights that an effective dispute settlement mechanism is fundamental, as is a; considers further that a systemic solution onfor all institutional matters, such as cohesion policy; stresses that a common jurisdictionand structural matters is necessary, including a fair contribution to the EUs economic and social cohesion, uniform interpretation and application of the agreements, dynamic alignment with the EU acquis, and a level playing field notably in relation to State aid; stresses that access to the EU´s internal market needs to be based on a fair balance of rights and obligations and that a common rulebook between the EU and Switzerland is an important prerequisite for a common market; the functioning of a common market and Switzerland’s continued participation in the EU single market;
2023/05/17
Committee: AFET
Amendment 181 #

2023/2042(INI)

Motion for a resolution
Paragraph 11 a (new)
11a. Stresses that Switzerland strongly benefits from democratic and competitive development throughout its European neighbours and that its financial contributions to programmes such as the EU’s cohesion policy are therefore in its own interest and should be continued; recalls that Switzerland draws significant benefits from participating in the single market; stresses in that regard that the future Swiss contribution to EU cohesion is essential and should be increased significantly;
2023/05/17
Committee: AFET
Amendment 190 #

2023/2042(INI)

Motion for a resolution
Paragraph 12
12. Urges Switzerland to apply the relevant EU acquis where required, in particular on posted workers and to adapt flanking measures applicable to EU economic operators providing services in its territory; notes Switzerland’s concerns in this regard and points out that former EU candidate countries had similar concerns and that they have not materialised;deleted
2023/05/17
Committee: AFET
Amendment 197 #

2023/2042(INI)

Motion for a resolution
Paragraph 12 a (new)
12a. Underlines that legal adjustments in line with the EU Posted Workers Directive must not lower the level of protection of wages and working conditions as intended by the Swiss flanking measures that guarantee efficient and non-discriminating protection to workers’ rights, ensuring equal pay for equal work in the same place for mobile, posted and local workers and at the same time permit EU economic operators to provide services in its territory on a non-discriminatory basis; asserts that guarantees for Switzerland may be needed in this regard;
2023/05/17
Committee: AFET
Amendment 200 #

2023/2042(INI)

Motion for a resolution
Paragraph 12 b (new)
12b. Acknowledges the observations of the Swiss Federation of Trade Unions (USS) on the need for adequate protection against anti-union dismissals, and emphasises the importance of strengthening such protection in accordance with Articles 1 and 3 of the Convention;
2023/05/17
Committee: AFET
Amendment 201 #

2023/2042(INI)

Motion for a resolution
Paragraph 12 c (new)
12c. Takes note of the ongoing independent mediation process in Switzerland, supported by the State Secretariat for the Economy (SECO), aimed at finding a compromise solution on the protection of trade unionists in the event of unfair dismissal, and encourages its timely resolution;
2023/05/17
Committee: AFET
Amendment 202 #

2023/2042(INI)

Motion for a resolution
Paragraph 12 d (new)
12d. Supports the USS’s call for a statutory minimum amount of compensation for anti-union dismissal with no ceiling, allowing judges to determine compensation levels based on the economic power of the employer concerned, and reiterates that reinstatement constitutes the most effective remedy against anti-union discrimination;
2023/05/17
Committee: AFET
Amendment 203 #

2023/2042(INI)

Motion for a resolution
Paragraph 12 e (new)
12e. Urges the Swiss Government to promote collective bargaining in accordance with Article 4 of the Convention, and requests the continue provision of up-to-date statistical information of collective agreements by sector and the number of workers covered;
2023/05/17
Committee: AFET
Amendment 204 #

2023/2042(INI)

Motion for a resolution
Paragraph 12 f (new)
12f. Encourages the EU and Switzerland to collaborate on sharing best practices and strengthening labour rights protection, particularly in areas such as anti-union dismissals and collective bargaining, to ensure a fair and equitable market for all workers;
2023/05/17
Committee: AFET
Amendment 212 #

2023/2042(INI)

Motion for a resolution
Paragraph 13
13. Notes with concern that SwitzerlandStresses that the Swiss Federal Council did not support the EU’s push to remove fossil fuel protections from the Energy Charter Treaty (ECT); notes with concern that EU-based fossil fuel companies could structure their operations through Switzerland so that they can still be protected under ECT; asks Switzerland to consider withdrawing from the ECT;
2023/05/17
Committee: AFET
Amendment 215 #

2023/2042(INI)

Motion for a resolution
Paragraph 14
14. Stresses that grid stability and the security of supply and transit depend on close cooperation between the EU and Switzerland; emphasizes that Switzerland and the EU are striving for an environmentally friendly, competitive and secure energy supply and climate neutrality by 2050; notes the interconnection of Swiss, German and French power grids; remains concerned that excluding Switzerland’s energy industry poses systemic risks for the whole of continental Europe’s synchronous gridphasizes the importance of pursuing a sustainable and resilient energy transition in close cooperation with Switzerland, and calls on Switzerland to actively participate in the EU's initiatives on renewable energy and grid integration, such as the Clean Energy for All Europeans package;
2023/05/17
Committee: AFET
Amendment 221 #

2023/2042(INI)

Motion for a resolution
Paragraph 15
15. Stresses thatCalls on the EU and Switzerland to strengthen their cooperation on energy market integration and to find innovative solutions for cross- border trade of electricity trading must be found in order to allow continued and close cooperation between the EU and Switzerland, such as the development of a joint electricity market;
2023/05/17
Committee: AFET
Amendment 223 #

2023/2042(INI)

Motion for a resolution
Paragraph 15 a (new)
15a. Points out that electricity supply is undergoing a real change and that the EU's internal energy market is constantly evolving; recognizes that Switzerland is no longer permanently included in the European electricity market; notes that negotiations on Switzerland's full access to the European internal electricity market would mean that both sides would benefit equally from the electricity grid and future cooperation would be secured;
2023/05/17
Committee: AFET
Amendment 232 #

2023/2042(INI)

Motion for a resolution
Subheading 5
Research and development, education and culture
2023/05/17
Committee: AFET
Amendment 233 #

2023/2042(INI)

Motion for a resolution
Paragraph 16
16. UnderlineRecalls that Switzerland spends almost 23 billion Swiss francs a year on research and development (R&D), which accounts for 3.15% of gross domestic product; underlines that Switzerland is in seventh place in an international comparison; highlights the importance of EU- Switzerland cooperation in research and development, fostering Europe’s role as a strong player in this field of research and innovation;
2023/05/17
Committee: AFET
Amendment 238 #

2023/2042(INI)

Motion for a resolution
Paragraph 18
18. Calls on the Commission and the Swiss Federal Council to do their utmost to ensure Switzerland’s return to Horizon Europe; calls on the Swiss Federal Council to adopt a negotiating mandate on key structural issues, giving a clear political signal to the EUassociation to Horizon Europe;
2023/05/17
Committee: AFET
Amendment 241 #

2023/2042(INI)

Motion for a resolution
Paragraph 18 a (new)
18a. Calls on the two parties to choose a pragmatic approach for the benefit of the citizens in order to achieve mutually beneficial cooperation, especially in the case of Switzerland's participation in all EU programs in the period 2021 - 2027; urges in this regard the Swiss Federal Council and the European Commission to promptly start the work on Switzerland‘s association with Horizon Europe, Digital Europe, Euratom, Iter and Erasmus+ programme upon conclusion of the current exploratory talks;
2023/05/17
Committee: AFET
Amendment 242 #

2023/2042(INI)

Motion for a resolution
Paragraph 18 b (new)
18b. Notes the importance of research and innovation in the energy sector, and highlights the importance of Switzerland´s participation in the EU's research and innovation funding programs, such as Horizon Europe, in order to promote the development of clean and sustainable energy technologies;
2023/05/17
Committee: AFET
Amendment 243 #

2023/2042(INI)

Motion for a resolution
Paragraph 18 c (new)
18c. Recognizes the importance of preserving and promoting cultural diversity, and calls on Switzerland and the EU to strengthen their cooperation in the areas of cultural exchange, education, and sport, including the Erasmus+ programme and the European Capitals of Culture initiative;
2023/05/17
Committee: AFET
Amendment 244 #

2023/2042(INI)

Motion for a resolution
Paragraph 18 d (new)
18d. Highlights the significance of joint EU-Swiss efforts in addressing global challenges, such as climate change, health and energy security, through research and development; encourages both parties to prioritize collaborative projects that contribute to achieving the United Nations Sustainable Development Goals and the objectives of the European Green Deal;
2023/05/17
Committee: AFET
Amendment 252 #

2023/2042(INI)

Motion for a resolution
Paragraph 19
19. Regrets the Swiss Federal Council’s decision to terminate the negotiations on the EU-Swiss Institutional Framework in May 2021; regrets any narratives that the EU works against Swiss interests after 7 years of negotiations; considers that securing an IFA with Switzerland is of great importance, since it would guarantee legal certainty for both Switzerland and the EU, dynamic incorporation of the EU acquis, enhanced access to the internal market for Switzerland to the benefit of both sides, and the jurisdiction of the Court of Justice of the European Union in the event of unresolved disputes relating to the application or interpretation of the IFA; stresses that a second failure in negotiating an agreement on EU- Swiss relations would be damaging for both the EU and Switzerland and risks weakening their political role; calls on the Swiss Federal Council to adopt a negotiating mandate on key structural issues, giving a clear political signal to the EU;
2023/05/17
Committee: AFET
Amendment 255 #

2023/2042(INI)

Motion for a resolution
Paragraph 20
20. Stresses that it is in the fundamental interest of both sides to maintain and strengthen good, stable and mutually beneficial relations underwithin a modernised relationship and through an agreement that creates stability and welfara level playing field, trust, stability, jobs, growth and welfare and is committed to social security and justice;
2023/05/17
Committee: AFET
Amendment 260 #

2023/2042(INI)

Motion for a resolution
Paragraph 21
21. Is concerned that basic bilateral agreements are reaching the end of their validity and no longer secure frictionless market access as a result of the non- incorporation of new developments of the Union acquis; notes that the model based on bilateral agreements is outdated instead of a broad framework agreement is outdated; acknowledges the need for an IFA, as additional coherence and legal certainty would benefit all parties; remains concerned about the end of the application of the Mutual Recognition Agreement for Medical Devices, which means medical devices produced in Switzerland are no longer recognised in the regulated area in the EU;
2023/05/17
Committee: AFET
Amendment 268 #

2023/2042(INI)

Motion for a resolution
Paragraph 22
22. Welcomes the Swiss Federal Council’s decision to set out its approach for negotiations and that it commissioned the development of key figureparameters for a negotiation mandate with the EU by the end of June 2023;
2023/05/17
Committee: AFET
Amendment 273 #

2023/2042(INI)

Motion for a resolution
Paragraph 23
23. Expects the progress in exploratory talks between the Commission and the Swiss Federal Council to be stepped up with a view to obtaining the required clarifications and assurances required to adopt a mandate for negotiations; calls on both sides to use this window of opportunity for talks on a possible new negotiation package and to reach an agreement before the end of the term of the current European Commission and European Parliament;
2023/05/17
Committee: AFET
Amendment 174 #

2023/0271(COD)

Proposal for a regulation
Recital 1 a (new)
(1a) Urban and regional train passenger services use the European railway network in a mixed mode with other transports as rail freight and international passenger transport services. Regional and urban railway services are crucial for the European network and for achieving the goals of the Green Deal too. The overwhelming majority of train passengers are travelling on these services.
2023/12/07
Committee: TRAN
Amendment 230 #

2023/0271(COD)

Proposal for a regulation
Article 2 – paragraph 3 – point d a (new)
(da) enable the linking of international transport services with urban and regional transport services;
2023/12/07
Committee: TRAN
Amendment 251 #

2023/0271(COD)

Proposal for a regulation
Article 4 – paragraph 2 – point 17 a (new)
(17a) Systematic capacity bandwidths and systematic train paths are based on Article 11 and Article 20 of this Regulation. Embedded in the strategic capacity planning process as defined by Article 11, they take the form of capacity bandwidths which are to be concretized along the different stages of the strategic capacity planning while reaching the form of systematic train paths at the stage of the capacity supply. They are pre- constructed for freight and/or passenger traffic and offered by the infrastructure manager based on different sources such as past timetables, needs submitted by customers, market forecasts and politically driven capacity concepts. They are allocated to market segments and occur in a patterned manner, in a regular schedule.
2023/12/07
Committee: TRAN
Amendment 277 #

2023/0271(COD)

Proposal for a regulation
Article 8 – paragraph 4 – subparagraph 2 – introductory part
Those procedures shall assess alternative options for the use of infrastructure capacity, based on the following socioeconomic and environmental criteria, subject to the availability of data to be provided by different sources to the infrastructure manager:
2023/12/07
Committee: TRAN
Amendment 328 #

2023/0271(COD)

Proposal for a regulation
Article 14 – paragraph 1 – subparagraph 2 – point b
(b) appropriate consideration of the capacity needs for multi-network rail services while also taking into account the capacity needs for urban and regional rail services in the capacity strategy, capacity model and capacity supply plan;
2023/12/07
Committee: TRAN
Amendment 386 #

2023/0271(COD)

Proposal for a regulation
Article 21 – paragraph 1 – point c
(c) Infrastructure managers may declare without delay an element of infrastructure either to be highly utilised or to be congested if the following condition is met: infrastructure works resulting in capacity restrictions scheduled in accordance with Article 10 result in capacity becoming scarce.
2023/12/07
Committee: TRAN
Amendment 388 #

2023/0271(COD)

Proposal for a regulation
Article 22 – paragraph 4 – subparagraph 1
Infrastructure managers shall take into account the results of any capacity analysis carried out in neighbouring and potentially affected countries pursuant to this Article in strategic capacity planning, in particular in the capacity strategy, in the capacity model and in the capacity supply plan.
2023/12/07
Committee: TRAN
Amendment 391 #

2023/0271(COD)

Proposal for a regulation
Article 23 – paragraph 1 – subparagraph 1
Within six months of the completion of a capacity analysis in accordance with Article 22, the infrastructure manager shall establish a capacity-enhancement plan for parts of the infrastructure which have been declared congested.
2023/12/07
Committee: TRAN
Amendment 410 #

2023/0271(COD)

Proposal for a regulation
Article 27 – paragraph 7 a (new)
7a. The Infrastructure Manager shall be allowed to use, where relevant, specific timetabling approaches including systematic capacity bandwidths and systematic train paths. However, if this approach is used in a Member State, systematic capacity bandwidths and systematic train paths with cross-border relevance shall be aligned with neighbouring Infrastructure Managers across borders.
2023/12/07
Committee: TRAN
Amendment 429 #

2023/0271(COD)

Proposal for a regulation
Article 29 – paragraph 7 a (new)
7a. Infrastructure managers shall inform the regulatory body of all capacity requests received that did not fit the parameters of the available capacity as defined in the capacity supply plan, regardless of whether they were accepted or refused. On the basis of this information the regulatory body shall issue an opinion at least every two years, which may recommend to the infrastructure manager to amend the capacity model.
2023/12/07
Committee: TRAN
Amendment 457 #

2023/0271(COD)

Proposal for a regulation
Article 33 – paragraph 4
4. In accordance with the rules and procedures set out in Article 20, infrastructure managers may refuse to allocate capacity for rolling planning requests if requests are inconsistent with the capacity supply plan adopted in accordance with Article 18. A refusal shall be communicated to the applicant without delay and the Infrastructure Manager shall if capacity is available provide an alternative solution which complies as much as possible with the applicants’ requirements. The applicant shall have the right to lodge a complaint with the regulatory body.
2023/12/07
Committee: TRAN
Amendment 462 #

2023/0271(COD)

Proposal for a regulation
Article 33 – paragraph 5
5. Infrastructure managers shall inform the regulatory body of all capacity requests received that did not fit the parameters of the available capacity as defined in the capacity supply plan, regardless of whether they were accepted or refused. On the basis of this information the regulatory body shall issue an opinion at least every two years, which may recommend to the infrastructure manager to amend the capacity model.deleted
2023/12/07
Committee: TRAN
Amendment 569 #

2023/0271(COD)

Proposal for a regulation
Article 59 – paragraph 1 – point g a (new)
(ga) provide existing and new shared B2B-services to Infrastructure Mangers and Railway Undertakings to improve rail services and boost trans-European rail traffic.
2023/12/07
Committee: TRAN
Amendment 619 #

2023/0271(COD)

Proposal for a regulation
Annex I – point 3 – point 1
1. As regards temporary restrictions of the capacity of railway lines, for reasons such as infrastructure works, including associated speed restrictions, axle load, train length, traction, or structure gauge (‘capacity restrictions’), of a duration of more than 7 consecutive days and for which more than 30 % of the estimated traffic volume on a railway line per day is cancelled, re-routed or replaced by other modes of transport, the infrastructure managers concerned shall publish all capacity restrictions, as far as they are known, and the preliminary results of a consultation with the applicants for a first time at least 24 months and, in an updated form, for a second time at least 12 months before the change of the working timetable concerned. These infrastructure restrictions shall be included in the capacity supply plan referred to in Article 18.
2023/12/07
Committee: TRAN
Amendment 622 #

2023/0271(COD)

Proposal for a regulation
Annex I – point 3 – point 7
7. Without prejudice to Article 40, the infrastructure manager may decide not to apply the periods laid down in points (1) to (5), if the capacity restriction is necessary to re-establish safe train operations, the timing of the restrictions is beyond the control of the infrastructure manager, the application of those periods would be cost ineffective or unnecessarily damaging in respect of asset life or condition, or if all concerned applicants agree. In those cases and in case of any other capacity restrictions that are not subject to consultation in accordance with other provisions of this Annex, the infrastructure manager shall consult the applicants and the main operators of service facilities concerned forthwith.
2023/12/07
Committee: TRAN
Amendment 280 #

2023/0053(COD)

Proposal for a directive
Article 2 – paragraph 1 – point 11 a (new)
11a. ‘ambulance’ means a vehicle of category M intended for the transport of sick or injured persons and having special equipment for such purpose as referred to in point 5.3 of Part A of Annex 1 to Regulation (EU) 2018/858;
2023/09/26
Committee: TRAN
Amendment 343 #

2023/0053(COD)

Proposal for a directive
Article 6 – paragraph 2 – subparagraph 2
Member States may exclude from the application of this Directive types of vehicles used by, or under the control of, the armed forces and civil defence and disaster response organisations. They shall inform the Commission thereof. Exclusions shall apply to international traffic.
2023/09/26
Committee: TRAN
Amendment 399 #

2023/0053(COD)

Proposal for a directive
Article 9 – paragraph 2 – point a a (new)
(aa) In its regular reports to the European Parliament and the Council pursuant to Article 20, the Commission shall review the impact of technological advances regarding emergency medical equipment and/or the use of alternative fuels on the total mass of ambulances and, if necessary, update the maximum mass by means of a delegated act in accordance with Article 21.
2023/09/26
Committee: TRAN
Amendment 427 #

2023/0053(COD)

Proposal for a directive
Article 9 – paragraph 2 – point h a (new)
(ha) a driving licence, granted for category B, shall be valid for driving ambulances as referred to in Article 2(11a) with a maximum authorised mass above 3 500 kg but not exceeding 4 250 kg without a trailer.
2023/09/26
Committee: TRAN
Amendment 7 #

2022/2205(INI)

Motion for a resolution
Citation 4
having regard to the negotiating framework for Turkey of 3 October 2005, and to the fact that, as it is the case for all candidate countries, Türkiye’s accession to the EU depends on full compliance with the Copenhagen criteria, and to the need to normalize its relations with all EU Member States, including the Republic of Cyprus,
2023/06/26
Committee: AFET
Amendment 18 #

2022/2205(INI)

Motion for a resolution
Citation 4 e (new)
– having regard to the relevant resolutions of the UN Security Council on Cyprus, including resolution 550 (1984) of 11 May 1984 on secessionist actions in Cyprus and resolution 789 (1992) of 25 November 1992 which consider attempts to settle any part of Varosha by people other than its inhabitants as inadmissible, and call for the transfer of that area to the administration of the United Nations, urging all concerned in the Cyprus question to commit themselves to the confidence-building measures set out in the resolution,
2023/06/26
Committee: AFET
Amendment 45 #

2022/2205(INI)

Motion for a resolution
Citation 14 b (new)
– having regard to the relevant resolutions by the Committee of Ministers of the Council of Europe, including the interim resolution of 16 September 2021 on the execution of the judgment of the European Court of Human Rights in Cyprus v. Turkey,
2023/06/26
Committee: AFET
Amendment 210 #

2022/2205(INI)

Motion for a resolution
Paragraph 8 a (new)
8a. Strongly condemns the crackdown on Turkey's HDP party and the banning proceedings against the HDP in Turkey, which have been ongoing since 2021; stresses that despite repeated messages from Europe and the international community the Turkish authorities continue their attacks against pro- Kurdish politicians and opposition figures; notes that these developments represent a further step backwards in terms of respect for human rights and freedom of expression and that Turkey moves even further away from EU values; Calls on Turkey to release all political prisoners and pro-Kurdish politicians who have been innocently imprisoned for years and decades without fair trials.
2023/06/26
Committee: AFET
Amendment 211 #

2022/2205(INI)

Motion for a resolution
Paragraph 8 a (new)
8a. Reiterates relevant ECtHR decisions and calls on the Turkish Government to immediately stop the violation of the human rights of the Cypriot citizens and stop depriving them of the enjoyment and exercise of their property, religious and other human rights stemming from the constitutional order of the Republic of Cyprus and the acquis communautaire, as well as the fundamental principles and values of the EU;
2023/06/26
Committee: AFET
Amendment 214 #

2022/2205(INI)

Motion for a resolution
Paragraph 8 b (new)
8b. Calls on Türkiye to cooperate with relevant international organizations, especially the Council of Europe, in preventing and combatting illicit trafficking and the deliberate destruction of cultural heritage within Turkey and the occupied part of Cyprus; stresses the importance of pursuing dialogue with relevant international organisations and the EU on the preservation of cultural and religious heritage;
2023/06/26
Committee: AFET
Amendment 215 #

2022/2205(INI)

Motion for a resolution
Paragraph 8 b (new)
8b. Condemns the ongoing Turkish attacks on Iraqi territory and the continued military presence on Iraqi territory, in particular the attacks on the Yazidi-majority Sinjar region, which are preventing the return of Yazidis and Assyrians who fled the so called "Islamic State" in 2014; calls for respect of Iraq's sovereignty and no further destabilization of Iraq;
2023/06/26
Committee: AFET
Amendment 217 #

2022/2205(INI)

Motion for a resolution
Paragraph 8 c (new)
8c. Condemns Turkey's continued occupation of Syrian territory, in particular the Kurdish-majority regions of Afrin and Ras al-Ain/Sere Kaniye; regrets that the occupation was accompanied by the fight of a large part of the population there and whose return to this day is made impossible due to Turkish occupation and the Turkey allied local Islamist militias; Is deeply concerned about the catastrophic situation of the Yazidis, Assyrians, and Alevis, particularly the situation of the Assyrians in the Khabour region since the Turkish occupation of Afrin in 2018 and Ras al-Ain in 2019 due to the Islamist militias; Calls on Turkey to evacuate at least these regions and allow the displaced civilian population to return;
2023/06/26
Committee: AFET
Amendment 231 #

2022/2205(INI)

Motion for a resolution
Paragraph 10 a (new)
10a. Believes that it is high time to define a comprehensive, unified and coherent strategy for the medium to long term, among all EU institutions and Member States; Recalls that the strong relapse in the area of fundamental rights, the deteriorating human rights situation, the lack of freedom of the press and expression, the arbitrary detention of opposition politicians and journalists;
2023/06/26
Committee: AFET
Amendment 265 #

2022/2205(INI)

Motion for a resolution
Paragraph 13
13. Welcomes the overall de-escalation of tensions observed in the eastern Mediterranean in recent times, particularly in the wake of the February earthquakes, and expresses its hope that a possible new era in Türkiye’s foreign policy might yield positive results in the bilateral relations between Türkiye and all EU Member States; reiterates its long-standing support for a solution to the Cyprus problem on the basis of a bi-communal, bi-zonal federation and reaffirms its positions on the matter expressed in its resolutionmains fully aware that any positive dynamics can be easily reversed at any moment while the underlying issues remain unresolved;calls on Turkey to respect the sovereignty of all EU Member States over their territorial sea and airspace as well as their sovereign rights, including inter alia the right to explore and exploit natural resources, in accordance with EU and international law, including the United Nations Convention on the Law of the Sea (UNCLOS), which is part of the EU acquis; continues, in particular, to call Türkiye to show genuine collective engagement to negotiating the delimitation of exclusive economic zones (EEZs) and the continental shelf in good faith and in line with international rules and principles; condemns, in this regard, the harassment by Turkish warships of research vessels performing surveys within the EEZ delimitated by the Republic of Cyprus; reaffirms the right of the Republic of Cyprus to enter into bilateral agreements on its EEZ and to explore and exploit its natural resources in full compliance with international law;supports the invitation extended to Türkiye by the Government of the Republic of Cyprus to negotiate in good faith the maritime delimitation between their respective coast lines, or to have recourse to the International Court of 7 June 2022stice, and calls on Türkiye to accept Cyprus’s invitation;
2023/06/26
Committee: AFET
Amendment 290 #

2022/2205(INI)

Motion for a resolution
Paragraph 13 a (new)
13a. Regrets the fact that the Cyprus problem remains unresolved and stresses that a solution in line with the relevant UN Security Council resolutions and within the agreed framework will have a positive impact on Türkiye’s relations with the EU; strongly reaffirms its view that the only sustainable solution to the Cyprus issue is that of a fair, comprehensive and viable settlement, including of its external aspects, within the UN framework, with a single international legal personality, single sovereignty, single citizenship and political equality, as set out in the relevant UN Security Council resolutions and in accordance with international law and on the basis of respect for the principles on which the Union is founded;
2023/06/26
Committee: AFET
Amendment 293 #

2022/2205(INI)

Motion for a resolution
Paragraph 13 a (new)
13a. Deplores Turkey’s withdrawal from the Istanbul Convention intended to prevent and combat violence against women, contributing to an environment in which four out of ten women in Turkey have suffered physical or sexual violence;
2023/06/26
Committee: AFET
Amendment 302 #

2022/2205(INI)

Motion for a resolution
Paragraph 13 c (new)
13c. Deplores the fact that the Turkish Government has abandoned the agreed basis of the solution and the UN framework to defend on a two-state solution in Cyprus; calls on Türkiye to abandon this unacceptable proposal for a two-state solution; strongly condemns any action to facilitate or assist in any way the international recognition of the secessionist entity in the occupied areas of Cyprus and stresses that such actions severely damages efforts to create an environment conducive to resuming settlement talks under the auspices of the United Nations;
2023/06/26
Committee: AFET
Amendment 306 #

2022/2205(INI)

Motion for a resolution
Paragraph 13 d (new)
13d. Further calls on Türkiye to withdraw its troops from Cyprus and refrain from any unilateral action which would entrench the permanent division of the island and to refrain from action altering the demographic balance; condemns the fact that Turkey continues to violate UN Security Council resolutions 550 (1984) and 789 (1992), which call on Türkiye to transfer the area of Varosha to its lawful inhabitants under the temporary administration of the UN, by supporting the opening of the town of Varosha to the public; takes the view that this move undermines mutual trust and hence the prospect of a resumption of talks on a comprehensive solution to the Cyprus problem; expresses in this regard serious concern over the recent, new illegal activities in the fenced off area of Varosha for the opening of a new part of the beach;
2023/06/26
Committee: AFET
Amendment 311 #

2022/2205(INI)

Motion for a resolution
Paragraph 13 e (new)
13e. Welcomes the proposals of the President of the Republic of Cyprus which aim at breaking the stalemate in the settlement process and calls for a more active engagement by the EU in this regard; calls on the Turkish Cypriot leader to return to dialogue based on the UN format, which represents the only viable path towards reconciliation; urges that negotiations on the reunification of Cyprus be resumed under the auspices of the UN Secretary-General;
2023/06/26
Committee: AFET
Amendment 312 #

2022/2205(INI)

Motion for a resolution
Paragraph 13 f (new)
13f. Reiterates its call on Türkiye to fulfil its obligation of full, non- discriminatory implementation of the Additional Protocol to the Ankara Agreement towards all Member States, including the Republic of Cyprus; regrets the fact that Türkiye has still not made progress towards normalising its relations with the Republic of Cyprus; underlines the fact that cooperation remains essential in areas such as justice and home affairs as well as aviation law and air traffic communications with all EU Member States, including the Republic of Cyprus;
2023/06/26
Committee: AFET
Amendment 336 #

2022/2205(INI)

Motion for a resolution
Paragraph 13 i (new)
13i. Regrets Türkiye’s continuing refusal to comply with aviation law and establish a channel of communication between air traffic control centres in Türkiye and the Republic of Cyprus, the absence of which entails real safety risks and dangers as identified by the European Aviation Safety Agency and the International Federation of Air Line Pilots’ Associations; takes the view that this could be an area where Türkiye could prove its commitment to confidence- building measures and calls on Türkiye to collaborate by fully implementing EU aviation law;
2023/06/26
Committee: AFET
Amendment 374 #

2022/2205(INI)

Motion for a resolution
Paragraph 16
16. Insists that democracy, the rule of law and fundamental rights should remain at the heart of good neighbourly relations between the EU and Türkiye and that any framework for those relations should be firmly underpinned by the principles of international law and multilateralism; and respecting the rights of minorities.
2023/06/26
Committee: AFET
Amendment 379 #

2022/2205(INI)

Motion for a resolution
Paragraph 16 b (new)
16b. Reiterates its call on Türkiye to comply with the EU declaration issued on September 21, 2005 and to fulfil its obligation of full, non-discriminatory implementation of the Additional Protocol to the EC-Turkey Association Agreement vis-a-vis all Member States, including the Republic of Cyprus; regrets that Türkiye has still not made progress towards the normalisation of its relations with the Republic of Cyprus; reiterates that recognition of all Member States is a necessary component of the accesion process, of Customs Union and every agreement between the EU and Türkiye and calls for progress without any further delay;
2023/06/26
Committee: AFET
Amendment 384 #

2022/2204(INI)

Motion for a resolution
Paragraph 24
24. Reiterates its full support for the EU Special Representative for the Belgrade-Pristina Dialogue; calls on Serbia and Kosovo to engage in this dialogue in good faith and in the spirit of compromise to achieve a comprehensive, legally binding agreement on the normalisation of their relations based on mutual recognition, in accordance with international law; calls for the full implementation of all the relevant agreements by both sides, including the establishment of the Association/Community of Serb- Majority Municipalities which must be set up in line with Kosovo's constitution;
2023/02/20
Committee: AFET
Amendment 387 #

2022/2204(INI)

Motion for a resolution
Paragraph 26 a (new)
26a. Takes note of the positive signals to de-escalate tensions by both sides; welcomes the positive step by Prime Minister Kurti to accept the European Union’s proposal for the normalisation of relations between Kosovo and Serbia; takes note of the statements by president Vucic of his intention to accept the European Union’s proposal for the normalisation of relations between Kosovo and Serbia;
2023/02/20
Committee: AFET
Amendment 395 #

2022/2204(INI)

Motion for a resolution
Paragraph 25
25. Condemns all actions that endanger stability and jeopardise the reconciliation process; is deeply concerned about the tensions in Nthe north of Kosovo and the unacceptable shooting on Orthodox Christmas Eve; denounces also the continuous pattern of escalatory actions by Serbia and Serbian-sponsored actors, including through illegitimate blockades, violent attacks and the threat of military action, with the objective of forcing concessions and undermining the Republic of Kosovo; regrets that Serbia has resumed the Kosovo de-recognition campaign; recalls the shared responsibility for peace and the rule of law for all people in Kosovo;
2023/02/20
Committee: AFET
Amendment 400 #

2022/2204(INI)

Motion for a resolution
Paragraph 25 a (new)
25a. Highlights that Russia started a hybrid campaign in which it uses its influence in Serbia to try to destabilize, interfere and threaten neighbouring sovereign states like Kosovo, by exploiting and flaring up existing disputes in the north of Kosovo; Condemns the continuation of Russian attempts to exert influence over the Western Balkans, by means of exploiting and stoking cultural, ethnical and religious divisions and destabilizing pro-democratic forces;
2023/02/20
Committee: AFET
Amendment 19 #

2022/2203(INI)

Motion for a resolution
Recital A a (new)
Aa. whereas EU membership remains one of North Macedonia's strategic priorities; whereas the EU has reiterated its full and unequivocal commitment to the European perspective of North Macedonia and that the future of the country and its citizens lies within the European Union;
2023/04/03
Committee: AFET
Amendment 25 #

2022/2203(INI)

Motion for a resolution
Recital C
C. whereas democratic transformation, the rule of law and reconciliationsocio-economic reforms, as well as the adherence to EU values, rules and standards, play a central role in the EU accession; process;
2023/04/03
Committee: AFET
Amendment 46 #

2022/2203(INI)

Motion for a resolution
Recital F a (new)
Fa. whereas the EU continues to strengthen and intensify its engagement at all levels to support North Macedonia’s political, economic and social transformation, including through continued assistance based on tangible progress;
2023/04/03
Committee: AFET
Amendment 75 #

2022/2203(INI)

Motion for a resolution
Paragraph 2
2. Commends North Macedonia’s full and consistent alignment with the EU’s foreign and security policy, including its clear-cut response to the aggression against Ukraine by aligning with the EU’s restrictive measures against Russia and Belarus, which clearly demonstrates strong expression of North Macedonia’s strategic choice and place in a community of common EU values; underlines the importance of further deepening the cooperation on foreign policy issues;
2023/04/03
Committee: AFET
Amendment 80 #

2022/2203(INI)

Motion for a resolution
Paragraph 2 a (new)
2a. Welcomes North Macedonia’s continued active participation in the EU missions and operations under the Common Security and Defence Policy;
2023/04/03
Committee: AFET
Amendment 81 #

2022/2203(INI)

Motion for a resolution
Paragraph 2 a (new)
2a. Welcomes the holding of the 2023 Chairpersonship of the OSCE by North Macedonia in the challenging global geo- political context;
2023/04/03
Committee: AFET
Amendment 87 #

2022/2203(INI)

Motion for a resolution
Paragraph 3
3. Urges decision-makers to foster a national consensus on EU integration, building upon a successful start to the screening process, to work towards theWelcomes the ambition of North Macedonia to move forward in the accession negotiation process based on continuing the reform progress; urges all parties in the National Assembly to continue to work together constructively and to build cross-party consensus, focusing on making concrete steps in the negotiations and maintaining the current reform momentum, as well as building upon a successful start of analytical examination of the EU acquis (screening); welcomes the country's ambitious goal of meeting the criteria for EU membership by 2030;
2023/04/03
Committee: AFET
Amendment 92 #

2022/2203(INI)

Motion for a resolution
Paragraph 3 a (new)
3a. Welcomes the 16th meeting of the EU – North Macedonia Stabilisation and Association Council which for the first time took place in Skopje on 17 March 2023, as a continued and strong commitment of the European Union to the European perspective of North Macedonia;
2023/04/03
Committee: AFET
Amendment 153 #

2022/2203(INI)

Motion for a resolution
Paragraph 12
12. StressesCalls on the authorities’ obligation to improve the management of public finances and public investment and ensure integrity, transparency and competition in State aid and public tenders, while strengthening safeguards and conditionality using a strategic foreign investment screening process and prosecuting fraud, abuse of office, tax evasion and the circumvention of sanctions;
2023/04/03
Committee: AFET
Amendment 158 #

2022/2203(INI)

Motion for a resolution
Paragraph 13
13. IWhile acknowledging progress made, invites North Macedonia to fully align with EU visa policy and to limit security risks related to its citizenship-by- investment scheme; urges the authorities to take further action against criminal trafficking networks and to step upcontinue cooperation with the EU’s justice and home affairs agencies;
2023/04/03
Committee: AFET
Amendment 162 #

2022/2203(INI)

Motion for a resolution
Paragraph 13 a (new)
13a. Welcomes the conclusion of the Status Agreement between the EU and North Macedonia on operational activities carried out by the European Border and Coast Guard Agency (Frontex) in North Macedonia and looks forward to its entry into force;
2023/04/03
Committee: AFET
Amendment 194 #

2022/2203(INI)

Motion for a resolution
Paragraph 17
17. Underlines the importance of removing barriers to the socioeconomic inclusion of persons with disabilities; welcomes the progress made in the de- institutionalisation process, including in the resettlement of persons with disabilities to community-based care;
2023/04/03
Committee: AFET
Amendment 203 #

2022/2203(INI)

Motion for a resolution
Paragraph 18
18. Commends North Macedonia’s well-established inter-community harmony and encourages the country to sustain its long- standing commitment to multiculturalism and inclusiona functioning multi-ethnic democracy;
2023/04/03
Committee: AFET
Amendment 236 #

2022/2203(INI)

Motion for a resolution
Subheading 4
Reconciligional cooperation and good neighbourly relations
2023/04/03
Committee: AFET
Amendment 246 #

2022/2203(INI)

Motion for a resolution
Paragraph 22
22. Commends the country’sinued constructive engagement of North Macedonia as part of inclusive regional cooperation initiatives and welcomes its proactive role in the tangible progress reached under the Berlin Process and the EU-Western Balkans summit in Tirana;
2023/04/03
Committee: AFET
Amendment 251 #

2022/2203(INI)

Motion for a resolution
Paragraph 22 a (new)
22a. Commends North Macedonia for hosting the meeting of the Belgrade- Pristina Dialogue on 18 March 2023 in Ohrid, confirming that the country nurtures good bilateral relations with its neighbours important for the stability and prosperity of the entire region;
2023/04/03
Committee: AFET
Amendment 256 #

2022/2203(INI)

Motion for a resolution
Paragraph 23
23. Warns against attempts by third countries to undermine peaceful inter- community and bilateral relations and deplores all internal and external actions that endanger stability and jeopardise regional reconcilicooperation;
2023/04/03
Committee: AFET
Amendment 278 #

2022/2203(INI)

Motion for a resolution
Paragraph 26
26. Supports efforts to reach an agreement on constitutional changes, in line with the country’s commitments that would include additional communities in the preamble of the North Macedonia’s constitution; calls on the opposition parties to play a constructive role in this regard;
2023/04/03
Committee: AFET
Amendment 289 #

2022/2203(INI)

Motion for a resolution
Paragraph 27
27. Urges the authorities to continue to progress on structural reforms that will enable a sustainable recovery and inclusive growth through improved governance, education, digitalisation, social inclusion, formalisation of the economy and upskilling; calls on North Macedonia to mitigate negative economic consequences of the Russia’s war of aggression against Ukraine;
2023/04/03
Committee: AFET
Amendment 46 #

2022/2201(INI)

Motion for a resolution
Recital C a (new)
C a. whereas Kosovo ranked at number 84 in the Transparency International Global Corruption Perceptions Index with a score of 41, ahead of many of its regional counterparts; whereas it has witnessed a sharp increase from 2019, marking positive steps in the fight against corruption.
2023/02/20
Committee: AFET
Amendment 55 #

2022/2201(INI)

Motion for a resolution
Paragraph 1
1. Welcomes Kosovo’s application for EU membership, which reflects the pro- European orientation of its citizens and a clear geopolitical strategic choice; calls on the Member States to invite the European Commission to present the questionnaire in order to asses Kosovo’s readiness for candidate status.
2023/02/20
Committee: AFET
Amendment 65 #

2022/2201(INI)

Motion for a resolution
Paragraph 2
2. Welcomes the long-awaited agreement on granting visa liberalisation to the citizens of Kosovo to enter into force no later than 1 January 2024; urges the Commission and Council to avoid any further delays;
2023/02/20
Committee: AFET
Amendment 68 #

2022/2201(INI)

Motion for a resolution
Paragraph 2 a (new)
2 a. expresses its unequivocal support for Kosovo’s application for membership of the Council of Europe and calls on all the EU Member States to support its invitation, as well as its invitations to join other international organisations; highlights that this would constitute another step towards the recognition of Kosovo's irreversible independence and sovereignty by other countries;
2023/02/20
Committee: AFET
Amendment 81 #

2022/2201(INI)

Motion for a resolution
Paragraph 3
3. Urges the Member States that have not yet recognised Kosovo as a sovereign state to do so; recalls its position that the independence of the Republic of Kosovo is irreversible;
2023/02/20
Committee: AFET
Amendment 83 #

2022/2201(INI)

Motion for a resolution
Paragraph 3 a (new)
3 a. calls on Member States not to vote against the admission of Kosovo to several European and international organisations, such as the Council of Europe;
2023/02/20
Committee: AFET
Amendment 92 #

2022/2201(INI)

Motion for a resolution
Paragraph 5 a (new)
5 a. Commends Kosovo for suspending its visa regime for Ukraine citizens and the readiness to host Ukrainian and Afghan refugees fleeing the war and to host a specific program for the journalists of these countries;
2023/02/20
Committee: AFET
Amendment 105 #

2022/2201(INI)

Motion for a resolution
Paragraph 6 a (new)
6 a. Welcomes the progress in implementation of the priorities of the European Reform Agenda II; commends the efforts in strengthening the institutional capacities for implementation, monitoring and reporting of EU related reforms;
2023/02/20
Committee: AFET
Amendment 125 #

2022/2201(INI)

Motion for a resolution
Paragraph 9 a (new)
9 a. Welcomes the launch and the ongoing implementation of the rule of law strategy and action plan aiming at strengthening the independence, impartiality, integrity, accountability as well as the overall capacity of judiciary and prosecution, with a specific focus on fighting corruption and organized crime;
2023/02/20
Committee: AFET
Amendment 140 #

2022/2201(INI)

Motion for a resolution
Paragraph 12
12. Welcomes the fact that there have been someincreased number of successful operations targeting organised crime, but notes with regret that limited progress has been made in investigating and prosecuting such cases; is concerned about the challenging situation regarding the fight against organised crime in the north of Kosovo;
2023/02/20
Committee: AFET
Amendment 193 #

2022/2201(INI)

Motion for a resolution
Paragraph 20
20. Underlines the importance of ensuring that persons with disabilities have equal access to education, health services, public buildings and transport; welcomes the increased employment of people with disabilities through the recovery packages of the government;
2023/02/20
Committee: AFET
Amendment 207 #

2022/2201(INI)

Motion for a resolution
Paragraph 22
22. Regrets the fact that the initiatives to involve the Serb community in Kosovo’s political, social and economic structures remain very limited; calls on the Government of Kosovo and the representatives of Kosovo Serbs to commit to genuine dialogue in order to increase mutual trust; calls on Serbia and Kosovo Serb representatives to respect their Dialogue obligations and return to the Kosovo institutions to fulfil their duties, including in the police, judiciary and local administrations and not to further escalate the tensions on the ground;
2023/02/20
Committee: AFET
Amendment 218 #

2022/2201(INI)

Motion for a resolution
Paragraph 23
23. Reiterates its full support for the EU Special Representative for the Belgrade-Pristina Dialogue; calls on Kosovo and Serbia to engage in this dialogue in good faith and in the spirit of compromise to achieve a comprehensive, legally binding agreement on the normalisation of their relations, based on mutual recognition, in accordance with international law; calls for the full implementation of all the relevant agreements by both sides, including the establishment of the Association/Community of Serb- Majority Municipalities; which must be set up in line with Kosovo's constitution;
2023/02/20
Committee: AFET
Amendment 219 #

2022/2201(INI)

Motion for a resolution
Paragraph 23 a (new)
23 a. Emphasises the urgent need for the EU-led Pristina-Belgrade dialogue process to be intensified with the objective of normalising bilateral relations on the basis of mutual recognition; denounces the continuous pattern of escalatory actions by Serbia and Serbian-sponsored actors, including through illegitimate blockades, violent attacks and the threat of military action, with the objective of forcing concessions and undermining the Republic of Kosovo; regrets that Serbia has resumed the Kosovo de-recognition campaign;
2023/02/20
Committee: AFET
Amendment 224 #

2022/2201(INI)

Motion for a resolution
Paragraph 25 a (new)
25 a. Takes note of the positive signals to de-escalate tensions by both sides; welcomes the positive step by Prime Minister Kurti to accept the European Union’s proposal for the normalisation of relations between Kosovo and Serbia; takes note of the statements by president Vucic of his intention to accept the European Union’s proposal for the normalisation of relations between Kosovo and Serbia;
2023/02/20
Committee: AFET
Amendment 235 #

2022/2201(INI)

Motion for a resolution
Paragraph 24
24. Condemns all actions that endanger stability and jeopardise the reconciliation process, including the tensions in Nthe north of Kosovo, and recalls the shared responsibility for peace and the rule of law for all people in Kosovo;
2023/02/20
Committee: AFET
Amendment 237 #

2022/2201(INI)

Motion for a resolution
Paragraph 24 a (new)
24 a. Highlights that Russia started a hybrid campaign in which it uses its influence in Serbia to try to destabilize, interfere and threaten neighbouring sovereign states like Kosovo, by exploiting and flaring up existing disputes in the north of Kosovo; Condemns the continuation of Russian attempts to exert influence over the Western Balkans, by means of exploiting and stoking cultural, ethnical and religious divisions and destabilizing pro-democratic forces;
2023/02/20
Committee: AFET
Amendment 253 #

2022/2201(INI)

Motion for a resolution
Paragraph 26 a (new)
26 a. welcomes Kosovo’s economic policies focused on providing policy support to cushion the impact of the pandemic and of high energy prices for the most affected households and firms; welcomes the progress in areas critical to economic development, such as competitiveness, business environment, SMEs and internal market;
2023/02/20
Committee: AFET
Amendment 265 #

2022/2201(INI)

Motion for a resolution
Paragraph 29
29. Welcomes the progress made in digitalising the economy; in particular by increased number of quality services provided by online government platform E-Kosova;
2023/02/20
Committee: AFET
Amendment 28 #

2022/2200(INI)

Motion for a resolution
Recital A
A. whereas enlargement is the EU’s most effective foreign policy instrument and represents a geostrategic investment in lasting peace, democracy, prosperity, stability and security;
2023/04/11
Committee: AFET
Amendment 37 #

2022/2200(INI)

Motion for a resolution
Recital B a (new)
B a. whereas the democratic transformation and rule of law are at the core of the EU accession process;
2023/04/11
Committee: AFET
Amendment 49 #

2022/2200(INI)

Motion for a resolution
Recital D
D. whereas genuine reconciliation in BiH is needed, based on its multicultural characterdiverse society and equal rights for all;
2023/04/11
Committee: AFET
Amendment 84 #

2022/2200(INI)

Motion for a resolution
Paragraph 3
3. Encourages all authorities to seize the momentum to meaningfully advance on the 14 key priorities respecting accountability of institutions and quality and transparency of the processes, and avoid slipping back into obstructive policies; underscores that BiH’s path towards EU accession needs to be anchored in functioning democratic institutions, rule of law, the fight against corruption and organised crime, respect for fundamental rights and non-discrimination for all citizens and constituent peoples as enshrined in the cos enshrined in the constitution; calls on all political actors in BiH to end and refrain from the blockages of the democratic processes and work of institutions;
2023/04/11
Committee: AFET
Amendment 99 #

2022/2200(INI)

Motion for a resolution
Paragraph 5
5. Reaffirms its support for the mandates of the Office of the High Representative and EUFOR Operation Althea in overseeing the implementation of the Dayton Peace Agreement in order to grant peace and stability; welcomes the operations' support of the Armed forces of BiH through training activities; underlines the operation’s important work to clear mine areas; welcomes in this context the monitoring and controlling of the destruction of surplus ammunition and weapons;
2023/04/11
Committee: AFET
Amendment 103 #

2022/2200(INI)

Motion for a resolution
Paragraph 5 a (new)
5 a. Welcomes the numerous activities of OSCE in BiH, inter alia their engagment in arms control, the security sector reform, in war crime investigations and in the fight against human trafficking; highlights their activities on gender equality, on programs to support good governance and on the media reform; welcomes their support for civil society and human rights initiatives and conflict prevention;
2023/04/11
Committee: AFET
Amendment 112 #

2022/2200(INI)

Motion for a resolution
Paragraph 6
6. Welcomes BiH’s increased alignment with the EU’s common foreign and security policy (CFSP), and urges for the effective implementation of targeted sanctions stemming from CFSP alignment;
2023/04/11
Committee: AFET
Amendment 127 #

2022/2200(INI)

Motion for a resolution
Paragraph 8
8. Denounces the recurring inflammatory rhetoric and secessionist policies by the leadership of the Republika Srpska (RS) entity, including the unconstitutional celebration of the so- called RS Day; underlines that such actions destabilise BiH, putting peace at risk, undermine the Dayton Peace Agreement, contradict BiH’s EU perspective and endanger access to EU funding; condemns the refusal to implement judgements of the Constitutional Court of BiH; condemns genocide denial and denial of war crimes;
2023/04/11
Committee: AFET
Amendment 137 #

2022/2200(INI)

Motion for a resolution
Paragraph 9
9. Reiterates its call for targeted sanctions against destabilising actors in BiH, including those threatening BiH's sovereignty and territorial integrity, notably Milorad Dodik, as well as other high-ranking officials of Republika Srpska and third-country officials providing political and material support for secessionist policies;
2023/04/11
Committee: AFET
Amendment 157 #

2022/2200(INI)

Motion for a resolution
Paragraph 11
11. Stresses that the rule of law, good governance, pluralism and fundamental rights need to be mainstreamed in IPA III funding, which must be based on strict conditionality; recalls that EU funding for projects in the RS entity shouldmust remain frozen until the reversal of democratic backsliding by the RS entity and until full alignment with the CFSP;
2023/04/11
Committee: AFET
Amendment 173 #

2022/2200(INI)

Motion for a resolution
Paragraph 14
14. Welcomes the fact that the general elections held in October 2022 were generally well organised and competitive; notes however that they took place against a backdrop of stagnant reforms, divisive rhetoric and political obstruction; takes note of the changes introduced by the High Representative to the election law and constitution of the Federation of BiH, aimed at addressing a number of functionality issue, reported political and financial obstruction, non-transparent financing of election campaigns, trading of polling stations between political parties, numerous irregularities reported by observers and political pressure on the Central Election Commission; expresses its concerns about the large number of invalid ballots; condemns the changes introduced by the High Representative to the election law and constitution of the Federation of BiH, aimed at addressing a number of functionality issues; supports the criticism regarding the transparency, timing and lack of consultations in the processes; underlines that the timing of the changes was not appropriate and undermined the election process;
2023/04/11
Committee: AFET
Amendment 185 #

2022/2200(INI)

Motion for a resolution
Paragraph 15
15. Regrets the failure of political actors to bring the constitution and the electoral framework in line with the European Convention on Human Rights; calls on all decision makers to reach an agreement in line with the verdicts of international and domestic courts, as well as the political agreement of 12 June 2022; supports limited, transparent and inclusive reforms based on comprehensive consultations and public dialogue that wshould include civil society actors to enable a sustainable transformation of the Dayton Peace Agreement;
2023/04/11
Committee: AFET
Amendment 205 #

2022/2200(INI)

Motion for a resolution
Paragraph 18
18. Expresses its concern about the lack of progress on preventing widespread corruption and the increasing signs of state capture, political interference and obstruction; urges BiH to adopt conflict of interest laws and to strengthen protection for whistleblowers by ensuring the implementation of existing laws and by ensuring independence of institutions responsible for the implementation;
2023/04/11
Committee: AFET
Amendment 212 #

2022/2200(INI)

Motion for a resolution
Paragraph 18 a (new)
18 a. Urges the BiH authorities to prosecute high-profile corruption cases in a timely manner;
2023/04/11
Committee: AFET
Amendment 216 #

2022/2200(INI)

Motion for a resolution
Paragraph 19
19. Calls for increased resources for anti-corruption structuresategies and structures and the adoption of integrity plans for the latter; points to the added value of effective cooperation among law enforcement agencies and with the European Public Prosecutor’s Office;
2023/04/11
Committee: AFET
Amendment 236 #

2022/2200(INI)

Motion for a resolution
Paragraph 23
23. Notes the ongoing reduction in the backlog of war crimes cases, but regrets that the pace remains slow and that the strategic goal to solve all cases related to war crimes will not be met due to the high backlog; reiterates the necessity to prosecute and accelerate criminal proceedings, as 28 years have passed and reconciliation cannot be achieved without adequate judgements;
2023/04/11
Committee: AFET
Amendment 251 #

2022/2200(INI)

Motion for a resolution
Paragraph 25
25. Welcomes BiH’s active participation in regional cooperation; welcomes the recent agreements in the context of the Berlin Process and calls for the swift ratification;
2023/04/11
Committee: AFET
Amendment 253 #

2022/2200(INI)

Motion for a resolution
Paragraph 26
26. Emphasises the vital role of independent media; condemns attacks on and threats and intimidation against journalists, including by politicians and, public figures; insists on appropriate judicial follow-up and the protection of journalis and private companies; calls to ensure the transparency of media ownership and financial sustainability of the public broadcasting system; condems Republika Srpska’s adoption of amendments to the criminal code that recriminalise defamation, as the proposals encourage censorship and block criticism of the regime and other powerful figures; calls on the Republika Srpska’s authorities to withdraw the amendments;
2023/04/11
Committee: AFET
Amendment 261 #

2022/2200(INI)

Motion for a resolution
Paragraph 26 a (new)
26 a. Denounces the recurring anti- LGBTI+ hate speech and incitement to violence from certain politicians, in particular in Republika Srpska, which led to violence against LGBTI+ people in Banja Luka on 18 March 2023, with insufficient police action to prevent it;
2023/04/11
Committee: AFET
Amendment 264 #

2022/2200(INI)

Motion for a resolution
Paragraph 26 b (new)
26 b. Welcomes the establishment of a focal point in charge of overseeing anti- LGBTI+ hate crimes in all ten Cantonal Prosecutor’s Offices; calls for all entities to amend their criminal codes so that hate crime and hate speech provisions cover the grounds of sexual orientation, gender identity and sex characteristics, and to work with LGBTI+ civil society to improve implementation of these laws;
2023/04/11
Committee: AFET
Amendment 267 #

2022/2200(INI)

27. DeploreCondemns discrimination, segregation, violence and hate speech against minorities, and urges effective prosecution of such cases; calls on BiH to safeguard and promote the countrywide rights of all minoritiespeople on the move; urges for the implementation of effective pathways to legal remedies and prosecution; calls on BiH to safeguard and promote the countrywide rights of all minorities and people on the move in order to ensure their protection and their fundamental freedoms; calls on the BiH authorities to collect data on hate crimes categorized by motivation;
2023/04/11
Committee: AFET
Amendment 276 #

2022/2200(INI)

Motion for a resolution
Paragraph 27 a (new)
27 a. Calls on the Federation, Republika Srpska and Brcko District to draft a law on ensuring legal gender recognition based on self-determination, in accordance with ECtHR practice and the WHO’s revision of ICD-11, which came into force in January 2022, and which depathologises trans identities in all areas of life;
2023/04/11
Committee: AFET
Amendment 284 #

2022/2200(INI)

Motion for a resolution
Paragraph 27 b (new)
27 b. Welcomes the progress on the elaboration of a law at Federal level that would give same-sex couples access to partnership rights; encourages the government to draft this law without delay; calls on Republika Srpska and Brcko District to also initiate processes for the drafting of legislative solutions for the recognition of same-sex partnerships, in order to provide same-sex couples with equal treatment on this issue countrywide;
2023/04/11
Committee: AFET
Amendment 292 #

2022/2200(INI)

Motion for a resolution
Paragraph 27 c (new)
27 c. Welcomes the adoption of the new National LGBTI Action Plan 2021-2024; calls for its full and timely implementation;
2023/04/11
Committee: AFET
Amendment 295 #

2022/2200(INI)

Motion for a resolution
Paragraph 27 d (new)
27 d. Calls to step up the protection of the rights of the Roma minority; condemns their ongoing segregation and the discriminatory and racist practices against them; highlights the disproportionate poverty of Roma people; is particularly concerned about the discrimination of Roma children and students in the educational system;
2023/04/11
Committee: AFET
Amendment 296 #

2022/2200(INI)

Motion for a resolution
Paragraph 27 e (new)
27 e. Expresses concerns about the stagnation of the harmonisation of BiH entities' criminal legislation regarding the Istanbul Convention;
2023/04/11
Committee: AFET
Amendment 297 #

2022/2200(INI)

Motion for a resolution
Paragraph 27 f (new)
27 f. Calls on BiH authorities to ensure gender equality in all aspects of public and private life; regrets that BiH does not collect data on femicide; calls for the establishment crisis centres for the victims of sexual violence;
2023/04/11
Committee: AFET
Amendment 298 #

2022/2200(INI)

Motion for a resolution
Paragraph 28
28. Regrets that rulings of the European Court of Human Rights have still not been implemented(Sejdić-Finci judgment and Zornić judgement) have still not been implemented and that discriminatory provisions from BiH Constitution prevents all citizens from having equal political rights;
2023/04/11
Committee: AFET
Amendment 317 #

2022/2200(INI)

Motion for a resolution
Paragraph 30
30. Recognises the key role of civil society in reform processes; calls on the authorities to foster a conducive environment for their work; supports the format of the citizen council in BiH and welcomes its policy recommendations from 27 February 2022; calls for the protection and promotion of the freedom of assembly and of expression to be enhanced;
2023/04/11
Committee: AFET
Amendment 319 #

2022/2200(INI)

Motion for a resolution
Paragraph 30 a (new)
30 a. Condemns attacks on and threats and intimidations against civil society activists, including those by politicians; insists on appropriate judicial follow-up and protection of civil society activists, condemns intentions of RS authorities to introduce restrictive laws that would label CSOs receiving international funding as foreign agents;
2023/04/11
Committee: AFET
Amendment 325 #

2022/2200(INI)

Motion for a resolution
Paragraph 30 b (new)
30 b. Calls on politicians, public figures, authorities and private companies to refrain from utilizing SLAPPs (Strategic lawsuits against public participation) as a form of intimidation against human rights defenders and journalists;
2023/04/11
Committee: AFET
Amendment 328 #

2022/2200(INI)

Motion for a resolution
Paragraph 30 c (new)
30 c. Recognizes that laws on freedom of assembly are fragmented and restrictive; urges the authorities to amend the laws according to EU standards, and refrain from interfering with exercising the freedom of assembly;
2023/04/11
Committee: AFET
Amendment 338 #

2022/2200(INI)

Motion for a resolution
Paragraph 31
31. Reiterates the need for solidarity- based migration and asylum managementapproach and a fair distribution of reception capacities; welcomesurges for the effective compliance of international law, also in detention centres; emphasises the importance to upheld the principle of non-refoulement and the prohibition of inhuman treatment in all circumstances and for all returns to the migrants’ country of origin or country of transit; calls for the effective inclusion of civil society actors in the reception response, even if the authorities take over the response, to ensure monitoring; takes note of the opening of negotiations on BiH’s upgraded status agreement with the European Border and Coast Guard Agency; regrets persisting shortcomings in migration and border management, including allegations of pushbacks; calls on BiH to fully align with the EU’s visa policy; underscores the importance of maintaining sufficient reception capacity; calls on BiH, together with the support of the EU, ensure the set-up of a crisis response capacity in case the number of migrants, refugees and asylum-seekers within the country increases again; calls on BiH to improve living conditions and safety inside Temporary Reception Centres; calls on BiH to improve the speed, length and quality of the asylum procedures;
2023/04/11
Committee: AFET
Amendment 347 #

2022/2200(INI)

Motion for a resolution
Paragraph 33
33. Urges BiH to prioritise measures aimed at addressing poverty and inequality, social protection, improving competitiveness and the business environment, boosting economic diversification and tax harmonisation, promoting the digital and green transitions, addressing the informal economy and tackling unemployment; highlights persistent poverty of inhabitants of rural areas and vulnerable groups like Roma people, children and elderly people;
2023/04/11
Committee: AFET
Amendment 381 #

2022/2200(INI)

Motion for a resolution
Paragraph 37 a (new)
37 a. Urges BiH to establish a strict application of laws and measures for environmental protection, which would prevent and reduce the impact on the environment of mining research and mine operation; insists in the need to protect the BiH rivers; urges BiH to initiate effective air quality protection programs in BiH cities;
2023/04/11
Committee: AFET
Amendment 383 #

2022/2200(INI)

Motion for a resolution
Paragraph 37 b (new)
37 b. Encourages entity governments of BiH to increase transparency through public participation and consultation with local communities, scientific experts and civil society when planning projects;
2023/04/11
Committee: AFET
Amendment 385 #

2022/2200(INI)

Motion for a resolution
Paragraph 37 c (new)
37 c. Urges BiH to maintain the integrity of existing national parks and other protected areas;
2023/04/11
Committee: AFET
Amendment 76 #

2022/2188(INI)

Motion for a resolution
Paragraph 29
29. Regrets that apart from areas of cyber security, counter-terrorism, and WMD, the TCA does not include provisions on cooperation in foreign policy and defence; highlights the need to intensify the dialogue with the UK on possible avenues for future cooperation and coordination on foreign, security and defence policy, in line with the provisions of the political declaration and including in the framework of the EU-NATO partnership, the United Nations, the European Political Community (EPC) and other international forums; underlines the importance of coordinating sanctions regimes; Welcomes however that forums like the EU-UK PPA are used to discuss common foreign policy and security issues.
2023/09/08
Committee: AFETINTA
Amendment 8 #

2022/2140(INI)

Draft opinion
Recital A a (new)
Aa. Whereas in the transport workforce, women are dramatically underrepresented. Only 221a% of transport employees in the European Union are female. Women are particularly rare in management roles in the transport, logistics and infrastructure sectors _________________ 1a https://transport.ec.europa.eu/transport- themes/social-issues-equality-and- attractiveness-transport- sector/equality/women-transport-eu- platform-change_en
2023/02/16
Committee: TRAN
Amendment 13 #

2022/2140(INI)

Draft opinion
Recital A b (new)
Ab. Whereas the transport sector is facing an unprecedented crisis of shortages of people willing to work in the industry due to deteriorating working conditions and poor salaries, particularly during and in the aftermath of COVID-19
2023/02/16
Committee: TRAN
Amendment 68 #

2022/2140(INI)

Draft opinion
Paragraph 1 a (new)
1a. Calls on Member States to implement the Woman on Boards directive (COM/2012/0614) in transport companies, also by applying penalties for non-compliance.
2023/02/16
Committee: TRAN
Amendment 70 #

2022/2140(INI)

Draft opinion
Paragraph 1 b (new)
1b. Calls on all Member States to address the gender pay gap and to implement the Pay Transparency- Directive. Stress that no country has yet achieved equal earnings for men and women in the EU. Highlights the difficulty of earning equal pay for men and women in the transport sector, as well as equal pay for equal value of work.
2023/02/16
Committee: TRAN
Amendment 74 #

2022/2140(INI)

Draft opinion
Paragraph 1 c (new)
1c. Calls the Commission and Council to address the lack of workforce, in particular female workforce, promoting social dialogue and collective bargaining that promote gender balance and inclusion.
2023/02/16
Committee: TRAN
Amendment 90 #

2022/2140(INI)

Draft opinion
Paragraph 2 a (new)
2a. Calls on the Commission to promote equal training opportunities for men and women. Highlights that training is one of the cornerstones of professional and personal development to maintain an equivalent professional level for men and women, including specific training in equality and work-life balance.
2023/02/16
Committee: TRAN
Amendment 96 #

2022/2140(INI)

Draft opinion
Paragraph 3
3. Calls on the Council and all Member States to promote initiatives to prevent all kinds of discrimination, as well as to promote measures ensuring safe and secure workplaces, and training aimed at preventing violence and harassment in all transport-related workplaces. Calls for the Commission to include in future transport legislation to offer protection to women who have been victims of gender violence as well as reporting procedures for incidents of psychological or sexually motivated harassment, supported by practical strategies for prevention and risk assessment of gender violence, including psychosocial risks.
2023/02/16
Committee: TRAN
Amendment 104 #

2022/2140(INI)

Draft opinion
Paragraph 3 a (new)
3a. Calls on the Commission to promote systems for collecting and recording data on incidents, reviewing and learning from incidents and building this into organisational changes and improvements in working conditions; Calls Council and Members State to address the issue of lack of sanitary facilities for women at the workplace, particularly in the transport sector.
2023/02/16
Committee: TRAN
Amendment 112 #
2023/02/16
Committee: TRAN
Amendment 117 #

2022/2140(INI)

Draft opinion
Paragraph 3 c (new)
3c. Emphasizes that women should always be able to use transportation without threats, uncomfortable situations or the presence of danger.
2023/02/16
Committee: TRAN
Amendment 121 #

2022/2140(INI)

Draft opinion
Paragraph 3 d (new)
3d. Calls on the Commission and Member States to analyse the needs of women of all ages taking public transport to ensure that the transport system is inclusive, accessible and safe for everybody;
2023/02/16
Committee: TRAN
Amendment 124 #

2022/2140(INI)

Draft opinion
Paragraph 3 e (new)
3e. Calls on the Commission and Member States to always integrate the gender perspective and social dimension when developing policies in the transportation sector, through gender mainstreaming, and gender budgeting.
2023/02/16
Committee: TRAN
Amendment 127 #

2022/2140(INI)

Draft opinion
Paragraph 3 f (new)
3f. Highlights the importance of employers and public authorities working together to ensure safe public transport for female employee when commuting to and from work, including the responsibility for employers to provide and pay for safe transport for workers commuting at night following a late shift or where public transport is not available.
2023/02/16
Committee: TRAN
Amendment 130 #

2022/2140(INI)

Draft opinion
Paragraph 3 g (new)
3g. Calls on the Commission and Member State to share best practices on how to ensure safety for women using transportation, also by facilitating this dialogue for transportation companies.
2023/02/16
Committee: TRAN
Amendment 3 #

2022/2023(INI)

Motion for a resolution
Citation 10 a (new)
— having regard to the Regulation (EU) 2018/858 of the European Parliament and of the Council of 30 May 2018 on the approval and market surveillance of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles;
2022/10/18
Committee: TRAN
Amendment 4 #

2022/2023(INI)

Motion for a resolution
Citation 10 b (new)
— having regard to Regulation (EU) 2016/2338 of the European Parliament and of the Council of 14 December 2016 amending Regulation (EC) No 1370/2007concerning the opening of the market for domestic passenger transport services by rail;
2022/10/18
Committee: TRAN
Amendment 5 #

2022/2023(INI)

Motion for a resolution
Citation 10 c (new)
— having regard to the guidelines on the PSO (non-paper “Revised interpretative guidelines concerning Regulation (EC) No 1370/2007 on public passenger transport services by rail and by road”; Ref. Ares (2021 ) 7430531 – 02/12/2021);
2022/10/18
Committee: TRAN
Amendment 6 #

2022/2023(INI)

Motion for a resolution
Citation 10 d (new)
— having regard to a proposal of the European Commission for new guidelines for the development of the trans- European transport network COM (2021) 812, that is currently under negotiations;
2022/10/18
Committee: TRAN
Amendment 7 #

2022/2023(INI)

Motion for a resolution
Citation 10 e (new)
— having regard to Directive (EU) 2019/1161 of the European Parliament and of the Council of 20 June 2019 amending Directive 2009/33/EC on the promotion of clean and energy-efficient road transport vehicles;
2022/10/18
Committee: TRAN
Amendment 8 #

2022/2023(INI)

Motion for a resolution
Citation 16 a (new)
— having regard to the UN New Urban Agenda, which reflects a long-term and shared vision on sustainable cities for all
2022/10/18
Committee: TRAN
Amendment 12 #

2022/2023(INI)

Motion for a resolution
Recital A
A. whereas the Commission proposal on amending the Trans-European Transport Network (TEN-T) aims at building an EU-wide sustainable, effective, accessible and multimodal transport network, including the development of sustainable urban mobility plans for cities;
2022/10/18
Committee: TRAN
Amendment 13 #

2022/2023(INI)

Motion for a resolution
Recital -A (new)
-A. Whereas the EU Urban Mobility Framework asserts that, "A clear priority should be placed at national and local level on the development of public transport, walking and cycling, as well as connected, shared mobility services."
2022/10/18
Committee: TRAN
Amendment 16 #

2022/2023(INI)

Motion for a resolution
Recital A a (new)
Aa. whereas 75% of total CO2 emissions takes place in cities, congestion costs millions of euros every year and more than 70% of EU citizens are still exposed to unhealthy levels of air pollution;
2022/10/18
Committee: TRAN
Amendment 19 #

2022/2023(INI)

Motion for a resolution
Recital A b (new)
Ab. whereas most transport starts or ends in metropolitan areas and the Green Deal targets - in particular reducing emissions in the transport sector by at least 90% - can only be achieved with cities;
2022/10/18
Committee: TRAN
Amendment 20 #

2022/2023(INI)

Motion for a resolution
Recital A c (new)
Ac. whereas the transport sector is unattractive for employees, among other things due to the appalling working and break conditions, the non-transparent awarding of contracts via platforms, wage and social dumping and the lack of social security that might lead to a shortage of young people in the transport sector;
2022/10/18
Committee: TRAN
Amendment 23 #

2022/2023(INI)

Motion for a resolution
Recital A d (new)
Ad. whereas public transport, as a service of general interest, does not serve to maximize profits, but rather to ensure affordable, nationwide mobility services for millions of EU citizens, which must be provided on fair and affordable terms for transport workers;
2022/10/18
Committee: TRAN
Amendment 25 #

2022/2023(INI)

Motion for a resolution
Recital A e (new)
Ae. whereas internal and direct awarding without tendering procedures in public transport is one of the most successful, efficient and effective models of transport management;
2022/10/18
Committee: TRAN
Amendment 27 #

2022/2023(INI)

Motion for a resolution
Recital A f (new)
Af. whereas the organization of transport in the city depends on the interaction with the surroundings;
2022/10/18
Committee: TRAN
Amendment 29 #

2022/2023(INI)

Motion for a resolution
Recital B
B. whereas the Horizon Europe Framework Programme will provide EUR 359.3 million over the period 2021-2023 for its mission on climate-neutral and smart cities, aiming to reach a total of 100 climate neutral cities in the EU by 203011 ; whereas the research and innovation actions proposed by the EC to achieve this objective will address, inter alia, green urban planning; _________________ 11 https://research-and- innovation.ec.europa.eu/funding/funding- opportunities/funding-programmes-and- open-calls/horizon-europe_en
2022/10/18
Committee: TRAN
Amendment 33 #

2022/2023(INI)

Motion for a resolution
Recital C
C. whereas congestion costs the EU around EUR 270 billion a year12 and other effects such as air pollution, noise pollution and urban heat island effects result in a reduced quality of life in cities; _________________ 12 European Court of Auditors’ special report No 6/2020 on sustainable urban mobility in the EU.
2022/10/18
Committee: TRAN
Amendment 36 #

2022/2023(INI)

Motion for a resolution
Recital C a (new)
Ca. Whereas urban design directly conditions urban mobility and must incorporate it as another variable in the process of building cities;
2022/10/18
Committee: TRAN
Amendment 43 #

2022/2023(INI)

Motion for a resolution
Recital D
D. whereas city freight transport and logistics are essential to the functioning of urban economies and innovative solutions and best practices are being observed across EU cities;
2022/10/18
Committee: TRAN
Amendment 44 #

2022/2023(INI)

Motion for a resolution
Recital D a (new)
Da. whereas the United Nations General Assembly unanimously adopted a resolution in march 2022 urging Member States "to integrate the bicycle into public transportation … and promote the use of bicycles by people and businesses to increase bicycle trips, which in turn contributes to the achievement of sustainable development, including the reduction of greenhouse gas emissions."1a _________________ 1a A/RES/76/255 "Integration of mainstream bicycling into public transportation systems for sustainable development : resolution", March 2022
2022/10/18
Committee: TRAN
Amendment 46 #

2022/2023(INI)

Motion for a resolution
Recital D b (new)
Db. Whereas the revision of the EPBD is closely related to the traffic flow in cities as it provides charging points for electric vehicles, for micro-mobility, for chargers and provision of space for bicycles in buildings;
2022/10/18
Committee: TRAN
Amendment 48 #

2022/2023(INI)

Motion for a resolution
Recital E
E. whereas COVID-19 has exacerbated the challenges being faced by urban mobility systems, but has also served as a catalyst to make them more resilient, smarter, safer, more sustainable and accessible; especially with numerous cities across Europe accelerating the implementation of their mobility plans during the pandemic, leading to a high increase in walking and cycling and implementation of new kilometres of cycling infrastructure;
2022/10/18
Committee: TRAN
Amendment 60 #

2022/2023(INI)

Motion for a resolution
Recital F a (new)
Fa. whereas to achieve sustainable urban mobility it is vital to incorporate a vision that puts public transport, pedestrians and cycling at the centre;
2022/10/18
Committee: TRAN
Amendment 67 #

2022/2023(INI)

Motion for a resolution
Recital G
G. whereas the level of ambition, policy choices, rules and requirements regarding active mobility, new forms of mobility and micro-mobility are still underdeveloped or vary between Member States;
2022/10/18
Committee: TRAN
Amendment 69 #

2022/2023(INI)

Motion for a resolution
Recital G a (new)
Ga. whereas a comprehensive plan for climate neutrality in sectors such as energy, buildings, waste management and transport, together with corresponding investment plans, should be included in the City Climate Contracts;
2022/10/18
Committee: TRAN
Amendment 75 #

2022/2023(INI)

Motion for a resolution
Recital I
I. whereas consumer e-commerce deliveries grew by 25 % in 2020 as a consequence of the pandemic, and the increase in ‘last-mile’ deliveries and its impact in urban areas is likely to persist13 ; _________________ 13 COM (2021)0811, chapter 2.6, paragraph 46.
2022/10/18
Committee: TRAN
Amendment 89 #

2022/2023(INI)

Motion for a resolution
Paragraph 1
1. Points out that in order to meet its ambitious economic, environmental, digital, health and societal objectives, urban mobility in the EU needs to be guided by smart, inclusive, healthy, affordable, competitive, more sustainable and multimodal transport solutions that improve liveability and result in cities with higher levels of happiness;
2022/10/18
Committee: TRAN
Amendment 91 #

2022/2023(INI)

Motion for a resolution
Paragraph 1
1. Points out that in order to meet its ambitious economic, environmental, digital, health and societal objectives, urban mobility in the EU needs to be guided by smart, competitive, more sustainable, seamless and multimodal transport solutions;
2022/10/18
Committee: TRAN
Amendment 93 #

2022/2023(INI)

Motion for a resolution
Paragraph 1 a (new)
1a. Is convinced that cities should be provided with significantly more financial EU funds to improve and strengthen public transport, pedestrian and bicycle traffic; calls therefore for exemptions for public investment concerning the Maastricht criteria on public debt, especially in the field of rail and public transport;
2022/10/18
Committee: TRAN
Amendment 97 #

2022/2023(INI)

Motion for a resolution
Paragraph 1 a (new)
1a. Stresses the social dimension, in which fair and safe working conditions of transport workers need to be taken into account when drafting, implementing and assessing SUMPs.
2022/10/18
Committee: TRAN
Amendment 99 #

2022/2023(INI)

Motion for a resolution
Paragraph 1 b (new)
1b. Calls on EU countries to develop urban transport systems that are safe, accessible, inclusive, affordable, smart, resilient and emission-free;
2022/10/18
Committee: TRAN
Amendment 100 #

2022/2023(INI)

Motion for a resolution
Paragraph 1 c (new)
1c. Stresses the need to address the problem of transport and mobility poverty, as it affects the daily lives of millions of people around the world; Calls on the Commission and the Member States to tackle inequalities in access to public transport networks and to support smaller cities and peri-urban areas in order to ensure that these areas are connected; emphasises the need for a multimodal and integrated approach to combat mobility exclusion and to ensure equal access to urban centres;
2022/10/18
Committee: TRAN
Amendment 102 #

2022/2023(INI)

Motion for a resolution
Paragraph 1 d (new)
1d. Stresses that public transport, including the suburbs, as the backbone of urban mobility needs to be enforced in terms of capacity increase, geographical coverage, frequencies and affordability; Points out that public transport systems have to be accessible for all citizens, especially taking into account the needs of persons with disabilities; Believes that optimisation of public transport depends on the cooperation between local authorities, transport companies and representatives of passengers and employees;
2022/10/18
Committee: TRAN
Amendment 103 #

2022/2023(INI)

Motion for a resolution
Paragraph 1 e (new)
1e. Is convinced that publicly owned transport companies will play the leading role in the organisation of transport;
2022/10/18
Committee: TRAN
Amendment 104 #

2022/2023(INI)

Motion for a resolution
Paragraph 1 f (new)
1f. Supports all efforts to make cities more accessible and calls on Member States to take swift and ambitious action to make cities more inclusive;
2022/10/18
Committee: TRAN
Amendment 105 #

2022/2023(INI)

1g. Underlines the importance of local transport, as 93% of rail passenger’s travel on regional lines;
2022/10/18
Committee: TRAN
Amendment 107 #

2022/2023(INI)

Motion for a resolution
Paragraph 2
2. Stresses that all modes of transport have their role to play and that the modal shift cannot simply be imposed upon people but must be supported by peopleUnderlines that modal shift is necessary if the EU wants to reach its target of climate neutrality by 2050 and that this also needs the support of citizens;
2022/10/18
Committee: TRAN
Amendment 110 #

2022/2023(INI)

Motion for a resolution
Paragraph 2
2. Stresses that all modes of transport have their role to play and that the modal shift cannot simply be imposed upon people but must be supported by people sustainable mobility plan must take into account all modes of transport, including sustainable active modes such as walking and cycling and public transportation, that have a proven capability to improve mobility in urban areas and contribute to the achievement of EU climate goals;
2022/10/18
Committee: TRAN
Amendment 112 #

2022/2023(INI)

Motion for a resolution
Paragraph 2
2. Stresses that all modes of transport have their role to play and that the modal shift cannot simply be imposed upon people but must be supported by people; to attain a widely supported modal shift, in particular more effort is needed to raise awareness and encourage city dwellers to use public transport as well as active transport modes such as walking and cycling;
2022/10/18
Committee: TRAN
Amendment 114 #

2022/2023(INI)

Motion for a resolution
Paragraph 2
2. Stresses that all modes of transport have theira role to play and that the modal shift cannot simply be imposed upon people, but must be supported by people; Underlines that the EU must raise awareness of the importance of modal shift through campaigns, car-free days and discounted fares on specific occasions in order to gain people's support;
2022/10/18
Committee: TRAN
Amendment 119 #

2022/2023(INI)

Motion for a resolution
Paragraph 2 a (new)
2a. Calls on the European Commission to strengthen in-house and direct awarding as effective and efficient models;
2022/10/18
Committee: TRAN
Amendment 120 #

2022/2023(INI)

Motion for a resolution
Paragraph 2 b (new)
2b. Rejects the reinterpretation of the PSO Regulation by the draft PSO guidelines put forward by the EC for discussion, as these "revised guidelines" contradict the wording and spirit of the democratically adopted text of the Regulation and thus represent an undemocratic attempt of the EC to implement its original ideology of the draft Regulation "through the back door";
2022/10/18
Committee: TRAN
Amendment 122 #

2022/2023(INI)

Motion for a resolution
Paragraph 2 c (new)
2c. Stresses the need to set mandatory social standards for workers in passenger and freight transport and to take further measures to end wage and social dumping to make urban transport jobs more attractive;
2022/10/18
Committee: TRAN
Amendment 123 #

2022/2023(INI)

Motion for a resolution
Paragraph 2 d (new)
2d. Stresses the need for safe, free, modern break and recreation rooms (cooling, heating, hygiene) and supply facilities for transport workers;
2022/10/18
Committee: TRAN
Amendment 124 #

2022/2023(INI)

Motion for a resolution
Paragraph 3
3. Calls for support for the use of zero- and low-carbon private mobility, complementthe development of an efficient urban mobility system in Europe, that is coordinated by local public transport authorities, based byon efficient, accessible and affordable collective transport services and other modes of transport that bring various options to the market, in order to boost competition and thereby provide better and more valuable solutions for citizencomplemented by active modes of transport and new mobility services;
2022/10/18
Committee: TRAN
Amendment 128 #

2022/2023(INI)

Motion for a resolution
Paragraph 3
3. Calls for support for the use of zero- and low-carbon private mobility, complemented bEU and Member States to strongly support the use of zero- and low-carbon sustainable mobility modes, particularly efficient and affordable collective public transport services, and other modes of transport that bring various options to the market, in order to boost competition and therebys well as active forms of mobility, to provide better and more valuable and sustainable solutions for citizens;
2022/10/18
Committee: TRAN
Amendment 130 #

2022/2023(INI)

Motion for a resolution
Paragraph 3
3. Calls for support for the use of zero- and low-carbonemission public and private mobility, complementharacterised by efficient, reliable, inclusive and affordable collective transport services that serve as a backbone, active transport modes and other modes of transport that bring various options to the market, in order to boost competition and therebyresult in more liveable cities, while provideing better, healthier and more valuable solutions for citizens; and city dwellers;
2022/10/18
Committee: TRAN
Amendment 133 #

2022/2023(INI)

Motion for a resolution
Paragraph 3 a (new)
3a. Calls on the Commission for action to be taken against manufacturers of motor vehicles in accordance with Art 9 of Regulation 2018/858, which have violated type approval provisions with built-in defeat devices for emission control in diesel cars; Underlines that this infringement of EU law has been confirmed by the rulings of the ECJ (C- 693/18, C-128/20,C-134/20 and C-145/20) and is responsible for concentrations of nitrogen dioxide (NO2) well above EU standards and recommendations of WHO;
2022/10/18
Committee: TRAN
Amendment 134 #

2022/2023(INI)

Motion for a resolution
Paragraph 3 a (new)
3a. Calls on the Commission to study the advantages that shared mobility can offer, preferably electric, and to promote sustainable mobility initiatives such as car sharing;
2022/10/18
Committee: TRAN
Amendment 136 #

2022/2023(INI)

Motion for a resolution
Paragraph 3 b (new)
3b. Calls for the rapid introduction of an exhaust tailpipe test for vehicles as part of the planned EU TÜV package, so that vehicles with defective or manipulated exhaust gas cleaning systems do not endanger the clean air in urban areas;
2022/10/18
Committee: TRAN
Amendment 141 #

2022/2023(INI)

Motion for a resolution
Paragraph 4
4. Calls for better accessibility and connectivity between urban, peri-urban and rural areas, as well as multimodal passenger hubs, and further calls for unhindered access to smart, sustainable and affordable transport to be guaranteed for all;
2022/10/18
Committee: TRAN
Amendment 143 #

2022/2023(INI)

Motion for a resolution
Paragraph 4
4. Calls for better accessibility, reliability and connectivity between urban, peri-urban and rural areas and further calls for unhindered access to smart, sustainable, inclusive, healthy and affordable transport to be guaranteed for all;
2022/10/18
Committee: TRAN
Amendment 147 #

2022/2023(INI)

Motion for a resolution
Paragraph 4 a (new)
4a. Stresses that Sustainable Urban Mobility Plans must be incorporated and coordinated with municipal and territorial urban planning; encourages regions to promote this coordination between their territories and municipalities, through incentives that support this connection between SUMPs and urban and territorial planning;
2022/10/18
Committee: TRAN
Amendment 150 #

2022/2023(INI)

Motion for a resolution
Paragraph 4 a (new)
4a. Stresses that the implementation of multimodal ticketing is of utmost importance, in order to make sustainable transport modes as accessible and efficient as possible for users;
2022/10/18
Committee: TRAN
Amendment 151 #

2022/2023(INI)

Motion for a resolution
Paragraph 4 b (new)
4b. Underlines that through strong and enforceable protection of passenger´s rights associated to delays and other service shortfalls (such as cancellations, response to complaints, special passenger needs) contribute to facilitate passenger mobility and to make modes of transport such as rail more attractive;
2022/10/18
Committee: TRAN
Amendment 152 #

2022/2023(INI)

Motion for a resolution
Paragraph 4 c (new)
4c. Stresses that the implementation of shared mobility networks is of paramount importance to reduce greenhouse gases, reduce parking space and improve traffic conditions such as congestion and last mile in rural areas;
2022/10/18
Committee: TRAN
Amendment 153 #

2022/2023(INI)

Motion for a resolution
Paragraph 5
5. Calls on the European Commission, Member States and on all the parties involved to adopt measures that could better ensure road safety, such as implementing 30 km/h in urban and built- up areas, improving walking and cycling infrastructure, deploying means to detect safety-related events or conditions, and also by taking into account users from groups with special needs;
2022/10/18
Committee: TRAN
Amendment 156 #

2022/2023(INI)

Motion for a resolution
Paragraph 5
5. Points out that ensuring road safety for the most vulnerable road users significantly influences transport behaviours; Stresses in this regard that the future EU urban mobility framework must encompass systemic road-safety- related measures to allow urban dwellers to walk or cycle safely; Calls on all the parties involved to adopt measures that could better ensure road safety, such as deploying means to detect safety-related events or conditions, and also by taking into account users from groups with special needs;
2022/10/18
Committee: TRAN
Amendment 159 #

2022/2023(INI)

Motion for a resolution
Paragraph 5 a (new)
5a. Calls on the Commission to adopt guidelines on the use of 30km/h speed limits in cities with the support of Member States, drawing on the experience and results of existing initiatives on local level to protect the most vulnerable road users; Underlines that streets can be made safer with measures such as street design for low speeds, better visibility and concepts of traffic calming;
2022/10/18
Committee: TRAN
Amendment 160 #

2022/2023(INI)

Motion for a resolution
Paragraph 5 a (new)
5a. Calls on the Commission and Member States to further invest in educational awareness raising and training in schools and for the general public
2022/10/18
Committee: TRAN
Amendment 162 #

2022/2023(INI)

Motion for a resolution
Paragraph 5 b (new)
5b. Calls on the Commission to strengthen minimum requirements for driving tests in the Driving Licence Directive to better train future drivers regarding their interactions with vulnerable road users in an urban environment;
2022/10/18
Committee: TRAN
Amendment 163 #

2022/2023(INI)

Motion for a resolution
Paragraph 5 c (new)
5c. Stresses the importance of training and gender-equitable attractiveness of working conditions, also in order to prevent a shortage of young people and to attract more women to these professions in future;
2022/10/18
Committee: TRAN
Amendment 164 #

2022/2023(INI)

Motion for a resolution
Paragraph 5 d (new)
5d. Stresses the use of proper female dummies in car crash tests to improve road safety for women; Notes, that men are more likely than women to be involved in a car crash, but when a woman is involved in a car crash, she is 47% more likely to be seriously injured, 71% more likely to be moderately injured and 17% more likely to die; Stresses in this context that cars have been designed using car crash-test dummies based on the “average” male;
2022/10/18
Committee: TRAN
Amendment 165 #

2022/2023(INI)

Motion for a resolution
Paragraph 6
6. Affirms that urban transport should be more accessible, reliable, affordable, healthy, safe and inclusive to serve as a backbone of the transport system; encourages the Commission, in this context, to propose guidelines regarding accessibility, inclusiveness, affordability, sustainability, safety and security for transport users and non-users and particularly for those from groups with specialother needs; highlights the key role artificial intelligence (AI) and digital solutions can play in this regard; at digitalisation can play a role in this regard in addition to policy measures and choices to incentivise better transport behaviour by all its users;
2022/10/18
Committee: TRAN
Amendment 168 #

2022/2023(INI)

Motion for a resolution
Paragraph 6
6. Affirms that urban transport should be more accessible; encourages the Commission, in this context, to propose guidelines regarding accessibility, safety and security for all transport users and particularly for those from groups with special needs; highlights the key role artificial intelligence (AI) and digital solutions can play in this regard;
2022/10/18
Committee: TRAN
Amendment 178 #

2022/2023(INI)

Motion for a resolution
Paragraph 7
7. Stresses its concern at the shortcomings in the regulation of micro- mobility in many Member States, as it does not facilitate this type of transportation and poses risks for people’s safetynd scattered landscape of measures taken in European cities; invites the Commission, in this context, to collaborate with the Member States and European cities to draw up common road-safety guidelines, best practices and recommendations for micro-mobility such as speed limiparking approaches (free floating vs. designated parking zones), speed limits, age requirements, helmet requirements, or training; encourages the Member States in cooperation with cities to proceed with the adaptation of their national legislation and to launch information campaigns;
2022/10/18
Committee: TRAN
Amendment 181 #

2022/2023(INI)

Motion for a resolution
Paragraph 7 a (new)
7a. Calls on the Commission to develop in collaboration with the Member States and local authorities harmonised technical standards and requirements regarding types of micro-mobility transport and its infrastructure as well as harmonised European road-safety standards for micro-mobility and its use such as speed limits; Underlines that in particular the problem of 'random parking' of e-scooters, particularly on sidewalks, should be addressed as this affects pedestrians, cyclists, but also wheelchair users and parents with strollers; Encourages Member States to proceed with the adaptation of minimum standards and requirements of their national legislation and to launch information campaigns in the meantime;
2022/10/18
Committee: TRAN
Amendment 184 #

2022/2023(INI)

Motion for a resolution
Paragraph 7 b (new)
7b. Emphasizes in this context that new forms of mobility such as scooters, e- bikes and sharing models, especially in regard of the first and the last mile, can make a significant contribution to making public transport more attractive;
2022/10/18
Committee: TRAN
Amendment 194 #

2022/2023(INI)

Motion for a resolution
Paragraph 9
9. Highlights that urban infrastructure planning should contribute to a smart and sustainable transport transition, allowing for multimodality and ensuring quality of life in cities; recommends, in this regard, incorporating active mobility and micro- mobility, as well as underdeveloped sustainable transport modes, into sustainable urban mobility plans and to facilitate the creation of multi-modal hubs at the urban node level;
2022/10/18
Committee: TRAN
Amendment 196 #

2022/2023(INI)

Motion for a resolution
Paragraph 9
9. Highlights that urban infrastructure planning should contribute to a smart and sustainable transport transition, allowing for multimodality and ensuring quality of life in cities; recommends, in this regard, incorporating public transport, active mobility and micro- mobility, as well as underdeveloped sustainable transport modes, into sustainable urban mobility plans;
2022/10/18
Committee: TRAN
Amendment 201 #

2022/2023(INI)

Motion for a resolution
Paragraph 9 a (new)
9a. Considers that active mobility includes both the transport of people or goods that can be powered based on human physical activity or by a combination of an electric motor and human power, such as e-bikes;
2022/10/18
Committee: TRAN
Amendment 207 #

2022/2023(INI)

Motion for a resolution
Paragraph 10
10. Encourages Member States and, local authorities and city networks to join forces to promote and implement sustainable urban mobility plans, respecting the principle of subsidiarity to improve the quality of life in all European cities;
2022/10/18
Committee: TRAN
Amendment 210 #

2022/2023(INI)

Motion for a resolution
Paragraph 10 a (new)
10a. Stresses that the need for a new Urban Mobility Framework at European level must take into account all its levels; therefore asks the Commission for more ambition and the development of this mobility for all its counties and regions through Urban Mobility Plans at regional level;
2022/10/18
Committee: TRAN
Amendment 215 #

2022/2023(INI)

Motion for a resolution
Paragraph 11
11. Stresses that the TEN-T relies on intermodal urban mobility in order to facilitate the ‘first and last mile’ for both passengers and freight, in which the modal share of active transport modes should increase;
2022/10/18
Committee: TRAN
Amendment 216 #

2022/2023(INI)

Motion for a resolution
Paragraph 11 a (new)
11a. Stresses the importance of the implementation of HUBs for parcel collection, common to all transport operators, accessible to all types of users and in sufficient number to facilitate the safe collection of parcels with the reduction of traffic associated with the delivery of goods via last mile connections within cities;
2022/10/18
Committee: TRAN
Amendment 224 #

2022/2023(INI)

Motion for a resolution
Paragraph 12
12. Welcomes the Commission’s proposal for a reinforced approach to TEN- T urban nodes as being necessary to address missing links and poor connections that remain a major challenge; highlights, in particular, the need to reinforce seamless connectivity between rural, peri-urban and urban areas, with an interoperable infrastructure backbone of sustainable modes of transport, such as rail and inland waterways, as well as high-quality public transport;
2022/10/18
Committee: TRAN
Amendment 230 #

2022/2023(INI)

Motion for a resolution
Paragraph 12 a (new)
12a. Calls on the Member States and local authorities to ensure the continuity and safety of cycling and walking infrastructure when building and modernizing road infrastructure and to allocate more space for active mobility;
2022/10/18
Committee: TRAN
Amendment 231 #

2022/2023(INI)

Motion for a resolution
Paragraph 12 b (new)
12b. Encourages cities and local authorities to explore the potential and the possibilities for transporting goods using cargo bikes and (e-)bikes in their city logistics as a very cost-effective, emission-free and immediate solution to decarbonize transport in cities;
2022/10/18
Committee: TRAN
Amendment 232 #

2022/2023(INI)

Motion for a resolution
Paragraph 12 c (new)
12c. Underlines the importance of Sustainable Urban Mobility Plans (SUMPs) and calls for a more harmonised approach across the EU; Stresses in this regard that the forthcoming updated SUMP guidelines have to focus on space allocation for walking and cycling infrastructure, spatial planning drawing on best- practices in this field and a comprehensive safety approach in urban areas; Highlights that the active involvement of citizens, and in particular women and persons with disabilities, are of great importance;
2022/10/18
Committee: TRAN
Amendment 236 #

2022/2023(INI)

Motion for a resolution
Paragraph 13 a (new)
13a. Highlights that urban infrastructure planning should be developed in accordance with EU standards on road safety, including standards for safety of cycling and walking infrastructure and other active modes of transport (pedestrian and cycling tracks, lanes, bridges, tunnels, parking areas and fast recharging points for light means of transport batteries) to increase the shift to more sustainable modes of transport;
2022/10/18
Committee: TRAN
Amendment 253 #

2022/2023(INI)

Motion for a resolution
Paragraph 14 a (new)
14a. Welcomes the Commission's proposal to improve the 19 sustainable urban mobility indicators by 2022; furthermore calls on the Commission to prioritise the allocation of funds to projects based on SUMPs aimed at improving these indicators;
2022/10/18
Committee: TRAN
Amendment 255 #

2022/2023(INI)

Motion for a resolution
Paragraph 14 a (new)
14a. Calls for a dedicated EU funding instrument to support cleaner, more digitalised rolling stocks and infrastructure;
2022/10/18
Committee: TRAN
Amendment 257 #

2022/2023(INI)

Motion for a resolution
Paragraph 14 b (new)
14b. Calls on the Commission to extend the current list of urban nodes to include additional cities located on the TEN-T corridors and to provide more technical and financial support to help new urban nodes create and update their SUMPs; Stresses that better involvement of local authorities in the governance of TEN-T corridors and the definition of relevant criteria to assess SUMPs could be improved through the creation of collaboration mechanisms;
2022/10/18
Committee: TRAN
Amendment 259 #

2022/2023(INI)

14c. Calls for financial and non- financial support instruments such as a dedicated budget under the Connecting Europe Facility to support local and regional authorities to meet the new requirements applicable to urban nodes;
2022/10/18
Committee: TRAN
Amendment 261 #

2022/2023(INI)

Motion for a resolution
Paragraph 15
15. Supports the integration of the freight dimensionzero- emission freight logistics into sustainable urban mobility plans in order to accelerate sustainable urban logistics plans and lowzero- emissions solutions to city freight transport, including rail and inland waterways, with the use of new distribution models, dynamic routing, zero-emission fleets and multimodal connections;
2022/10/18
Committee: TRAN
Amendment 263 #

2022/2023(INI)

Motion for a resolution
Paragraph 15
15. Supports the integration of the freight dimension into sustainable urban mobility plans in order to accelerate sustainable urban logistics plans and low- emissions solutions to city freight transport, including rail and inland waterways, with the use of new distribution models, dynamic routing, cycle logistics and multimodal connections;
2022/10/18
Committee: TRAN
Amendment 265 #

2022/2023(INI)

Motion for a resolution
Paragraph 15 – point 1 (new)
(1) Reiterates the important link between transport, urban planning, air quality and liveable cities, in which affordable, reliable and inclusive public transport forms the backbone of city travel and active transport modes such as walking and cycling should be key in every European city;
2022/10/18
Committee: TRAN
Amendment 266 #

2022/2023(INI)

Motion for a resolution
Paragraph 15 – point 2 (new)
(2) Calls upon all EU cities to speed- up the transition towards zero-emission city logistics in the context of growing e- commerce demand. Cities are encouraged to not only explore on technical solutions such as for example the electrification of fleet and optimal routing, but also make a reflection on limiting freight city-traffic by consolidation and collaborative hubs as for example neighbourhood points, shared micro-hubs, parcel lockers and other best practices;
2022/10/18
Committee: TRAN
Amendment 270 #

2022/2023(INI)

Motion for a resolution
Paragraph 16
16. Calls on the Member States to ensure the public availability of recharging and alternative fuels refuelling infrastructure, pursuant to the alternative fuels infrastructure regulation; invites the Member States to collaborate with the Commission to create incentives for individuals and businesses to take up zero- and low-carbemission modes of transport;
2022/10/18
Committee: TRAN
Amendment 273 #

2022/2023(INI)

Motion for a resolution
Paragraph 16
16. Calls on the Member States to ensure, in cooperation with local and regional authorities, the availability of recharging and alternative fuels refuelling infrastructure, pursuant to the alternative fuels infrastructure regulation; invites the Member States to collaborate with the Commission to create incentives for individuals and businesses to take up zero- and low-carbon modes of transport;
2022/10/18
Committee: TRAN
Amendment 277 #

2022/2023(INI)

Motion for a resolution
Paragraph 16 a (new)
16a. Highlights that basic charging infrastructure should be provided to facilitate the regular use of electric bicycles and electric cargo bikes given the rapid uptake of their sales; asks the Commission and Member States to increment and facilitate access to this infrastructure and to take the opportunity that the revision of the EPBD gives to this aim;
2022/10/18
Committee: TRAN
Amendment 285 #

2022/2023(INI)

Motion for a resolution
Paragraph 17
17. Highlights that AI and digitalisation can play a key role in improveing efficiency, safety and affordability, and decrease greenhouse gas emissions;;
2022/10/18
Committee: TRAN
Amendment 289 #

2022/2023(INI)

Motion for a resolution
Paragraph 17
17. Highlights that AI and digitalisation can be an additional tool to improve efficiency, safety and affordability, and potentially decrease greenhouse gas emissions;
2022/10/18
Committee: TRAN
Amendment 290 #

2022/2023(INI)

Motion for a resolution
Paragraph 17 a (new)
17a. Calls on the Member States and the Commission to support European cities in overcoming the challenges related to data collection on active mobility through the Revision of the Framework of the Intelligent Transport Systems Directive and the Data Act to better serve the needs of active mobility and to prioritise the development of ITS- based services to improve the convenience and reliability of public transport;
2022/10/18
Committee: TRAN
Amendment 299 #

2022/2023(INI)

Motion for a resolution
Paragraph 18
18. Calls for the further development and implementation of ‘mobility as a service’ (MaaS) across Europe putting public transport at the core of this ecosystem;
2022/10/18
Committee: TRAN
Amendment 300 #

2022/2023(INI)

Motion for a resolution
Paragraph 18
18. Calls for the further development and implementation of ‘mobility as a service’ (MaaS) and integration with public transport across Europe;
2022/10/18
Committee: TRAN
Amendment 315 #

2022/2023(INI)

Motion for a resolution
Paragraph 19 a (new)
19a. Urges Member States to support local authorities in developing and implementing sustainable urban mobility plans (SUMPSs) with a particular focus on the integration of housing policies with sustainable mobility and urban planning, paying particular attention to public transport and active mobility;
2022/10/18
Committee: TRAN
Amendment 316 #

2022/2023(INI)

Motion for a resolution
Paragraph 19 a (new)
19a. Calls on local authorities to provide secure bicycle parking spaces at train stations, airports and maritime ports as well as in new, renovated and existing buildings through the Revision of the Energy Performance of Building Directive;
2022/10/18
Committee: TRAN
Amendment 317 #

2022/2023(INI)

Motion for a resolution
Paragraph 19 b (new)
19b. Highlights that incentivising the purchase of bikes, including e-bikes, can play a key role in the shift to more sustainable mobility alternatives as well as to decarbonise transport and to prevent congestion; Points out that public cycling stations with pumps and bicycle repair facilities can contribute to an increase in bicycle use; In order to provide guidelines and a European Framework for cycling policies, the Commission must accelerate the work towards a European Cycling Strategy
2022/10/18
Committee: TRAN
Amendment 319 #

2022/2023(INI)

Motion for a resolution
Paragraph 19 c (new)
19c. Notes that even if e-mobility can only alleviate but not eliminate the problems in the city, Underlines that as stated in the Commission´s assessment, the deployment of recharging points for E-Vehicles will contribute to accelerate the switch to sustainable mobility and to decarbonize the transport; Stresses in that regard that bicycle parking spaces should include areas dedicated to e-bikes and e- cargo bikes as well as recharging points;
2022/10/18
Committee: TRAN
Amendment 321 #

2022/2023(INI)

Motion for a resolution
Paragraph 20
20. Notes with concern that urban vehicle access regulations (UVARs) are leading to further fragmentation of the single European transport area, while also going against the principles of the single market; highlights in this regard the importance of smart solutions better informing drivers about their compliance with certain rules;deleted
2022/10/18
Committee: TRAN
Amendment 323 #

2022/2023(INI)

Motion for a resolution
Paragraph 20
20. Notes with concern that urban vehicle access regulations (UVARs) are leading to further fragmentation of the single European transport area, wthat UVARs are increasingly being used in European cities to reduce the negative externalities caused by road traffic, such as noise, congestion and air pollution; stresses, however, that cities must nevertheless remain accessible to all, as restricting access to an urban area for specific vehicle also going against the principles ofs or users can lead to discrimination among citizens; stresses that the Court of Justice has recognized that UVARs do not constitute barriers to the singleternal market; highlights in this regardin this context, underlines the importance of smart solutions to better informing drivers about their compliance with certain rulesand cross-border enforcement;
2022/10/18
Committee: TRAN
Amendment 330 #

2022/2023(INI)

Motion for a resolution
Paragraph 20 a (new)
20a. Underlines the need for a harmonised European definition of car- sharing as well as a recognition of the role of car-sharing in contributing to sustainable urban mobility in the New Urban Mobility Framework to foster the transition from a model of owning cars to one of sharing mobility; Stresses in this regard the importance to offer cities with a harmonised framework to implement sustainable mobility solutions that are accessible and affordable for all; Highlights that car-sharing can contribute to solve societal concerns related to carbon emissions but also congestion issues and parking places shortages in urban areas;
2022/10/18
Committee: TRAN
Amendment 332 #

2022/2023(INI)

Motion for a resolution
Paragraph 20 a (new)
20a. Notes that multiple European cities are using different policy measures to reduce polluting traffic in their cities ranging from Low Emission Zones, to targeted delivery windows for freight, vignettes etc., where sharing best practices across cities and at European level will be key;
2022/10/18
Committee: TRAN
Amendment 335 #

2022/2023(INI)

Motion for a resolution
Paragraph 21 a (new)
21a. Points out that road transport aspects are becoming increasingly important due to their high impact on economic, environmental and social sustainability; Stresses in that regard that the exchange of best practices and the active involvement of citizens in terms of road safety, safe and adequate infrastructure, mobility transition, affordability of public transport, modal shift and the green transition plays a fundamental role within the European Union;
2022/10/18
Committee: TRAN
Amendment 339 #

2022/2023(INI)

Motion for a resolution
Paragraph 22
22. Urges the development of an appropriate legal and policy framework for the use of AI in smart mobility and transport, whereby the ultimate responsibility must always lie within human control and not with the machine;
2022/10/18
Committee: TRAN
Amendment 340 #

2022/2023(INI)

Motion for a resolution
Paragraph 22
22. Urges the development of an appropriate legal, ethical and policy framework for the use of AI in smart mobility and transport and user-data;
2022/10/18
Committee: TRAN
Amendment 4 #

2022/2014(INI)

Motion for a resolution
Citation 8
having regard to 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,
2022/06/27
Committee: IMCO
Amendment 8 #

2022/2014(INI)

Motion for a resolution
Citation 11 a (new)
— having regard to the Guidance on the interpretation and application of Directive 2005/29/EC of the European Parliament and of the Council concerning unfair business-to-consumer commercial practices in the internal market;
2022/06/27
Committee: IMCO
Amendment 75 #

2022/2014(INI)

Motion for a resolution
Recital K a (new)
Ka. whereas the European video games sector is responsible for 90,000 direct jobs in Europe, and is the fastest growing cultural and creative sector in Europe, representing an important potential for growth and job creation in Europe’s Digital Single Market;
2022/06/27
Committee: IMCO
Amendment 78 #

2022/2014(INI)

Motion for a resolution
Recital K b (new)
Kb. Whereas 37% of girl gamers experience harassment as a result of their gender in online multiplayer games1a; _________________ 1a https://committees.parliament.uk/writtene vidence/39113/pdf/
2022/06/27
Committee: IMCO
Amendment 89 #

2022/2014(INI)

Motion for a resolution
Paragraph 1
1. Welcomes the measures taken to better protect consuAcknowledges that the EU Consumer law acquis provides for a strong consumer protection, fully applicable in video gamers; notes, however, the need for a single, coordinated approach between Member States and consumer protection authorities in order to avoid fragmentation of the single market and to protect European consumers;
2022/06/27
Committee: IMCO
Amendment 97 #

2022/2014(INI)

Motion for a resolution
Paragraph 2
2. Welcomes the fact that, from January 2022, the Directive on(EU) 2019/770 on certain aspects concerning contracts for the supply of digital content and digital services will apply to video games, including free-to- play games, and thus provide additional protection for consumers; regrets, however, that some Member States have not yet transposed the directive and urges Member States to implement it without delay and to ensure greater consumer protection across the Union;
2022/06/27
Committee: IMCO
Amendment 98 #

2022/2014(INI)

Motion for a resolution
Paragraph 2 a (new)
2a. Believes, however, that consumer protection could be further improved; invites the Commission to take into account consumer protection issues in online video games as part of the ongoing fitness check on EU consumer law to ensure Digital fairness;
2022/06/27
Committee: IMCO
Amendment 100 #

2022/2014(INI)

Motion for a resolution
Paragraph 3
3. Welcomes the development and implementation of parental-control tools that help to filter content and video games by age, monitor time spent playing games, disable or limit online spending and restrict communications with others or the viewing of content created by other players; notes, however, that parents may find it difficult to use such tools, which reduces their effectiveness; remember that the responsibility for the implementation of parental controls lies with both parents and the industry, which must develop systems that are easy to use, understandable and easy to set up; calls for mechanisms to be put in place to exercise stricter parental control over the amount of time and money children spend on games, among other things;
2022/06/27
Committee: IMCO
Amendment 113 #

2022/2014(INI)

Motion for a resolution
Paragraph 4 a (new)
4a. Highlights that some video games offer their users the possibility of paying, sometimes even with real money, in order to obtain rewards through loot boxes, which are mysterious boxes that contain random elements that the player cannot know before opening the box; points out that loot boxes can be of many different types depending on the eligibility conditions (waiting time, displaying ads, paying with real money), the reward, its transparency, the chances of getting the item, and the possibility of converting the item obtained in game currency or real money, among others;
2022/06/27
Committee: IMCO
Amendment 126 #

2022/2014(INI)

Motion for a resolution
Paragraph 6
6. Points out that certain game designs used for in-game purchasing systems such as viewing ads to get a particular reward in the game can be particularly harmful when targeted at minors; calls for such advertising to be banned when targeted at minorpractice to be banned when targeted at minors; calls in addition on video games developers and vendors to ensure games likely to be accessed by children respect children’s rights including a prohibition on targeted advertising and manipulative practices;
2022/06/27
Committee: IMCO
Amendment 132 #

2022/2014(INI)

Motion for a resolution
Paragraph 6 a (new)
6a. Notes that deceptive designs also occur in video games and can distort consumers’ behaviour when playing video games; calls on video games developers and vendors to ensure a ban on dark patterns, aggressive marketing practices pushing consumers to purchase loot boxes at every opportunity and misleading transparency disclosure about the likely- hood to win or lose; considers that more transparency is needed on the algorithms used for loot-boxes; Calls for in-game purchases and paid loot boxes features to be disabled by default;
2022/06/27
Committee: IMCO
Amendment 136 #

2022/2014(INI)

7. Stresses that online games that are likely to be accessible to children must take their rights and vulnerabilities into account; stresses that they must meet the highest possible standards by design and by default when it comes to security and privacy; calls that aspects such as the time limits of the game or stopwatches, should be taken into account during its design;
2022/06/27
Committee: IMCO
Amendment 141 #

2022/2014(INI)

Motion for a resolution
Paragraph 7 a (new)
7a. Notes that, in addition to supplementing the standards by default, parents can play an important role in protecting minors in videogames; points out that, however, awareness campaigns and support through the use of appropriate tools and information on how to better protect their children should be carried out;
2022/06/27
Committee: IMCO
Amendment 149 #

2022/2014(INI)

Motion for a resolution
Paragraph 8
8. Stresses that consumers should have all the necessary information about an online video game before starting to play it and be aware of the type of content, as well as during the game, in terms of the multiple options for possible purchases while playing and other information that may be considered to be of interest;
2022/06/27
Committee: IMCO
Amendment 160 #

2022/2014(INI)

Motion for a resolution
Paragraph 9
9. Points out that once an item has been obtained in a video game, it can be exchanged, in certain cases, be exchanged within the game or through third-party websites for actual money; stresses that, above and beyond consumer protection issues, these services have led to money laundering; calls on the Commission to put an end to this practice; considers that the Digital Services Act may help mitigate this problem, in particular through the implementation of the ‘know your business customer’ obligations;
2022/06/27
Committee: IMCO
Amendment 164 #

2022/2014(INI)

Motion for a resolution
Paragraph 9 a (new)
9a. Is concerned that gold farming may be connected with forced labour and exploitation in developing countries and with money laundering, and calls on the Commission to introduce specific due diligence provisions for the video games industry and assess the use of gold farming in connection with financial crimes;
2022/06/27
Committee: IMCO
Amendment 177 #

2022/2014(INI)

Motion for a resolution
Paragraph 11
11. Emphasises the importance of mental health, particularly that of minors; stresses thatnotes that video games provided relief during strict lockdown periods during the COVID-19 pandemic but also exacerbated the situation, causing fear, isolation and a feeling of insecurity; calls for action to be taken by all the actors involved, in particular game developers to avoid problems related to addiction;
2022/06/27
Committee: IMCO
Amendment 195 #

2022/2014(INI)

Motion for a resolution
Paragraph 13
13. Stresses that video game addiction, also known as ‘gaming disorder’, is a problem for some players; notes that the World Health Organisation has classified ‘gaming disorder’ as a form of addiction; characterized by impaired control over gaming, increasing priority given to gaming over other activities to the extent that gaming takes precedence over other interests and daily activities, and continuation or escalation of gaming despite the occurrence of negative consequences1a _________________ 1a https://www.who.int/news- room/questions-and- answers/item/addictive-behaviours- gaming-disorder
2022/06/27
Committee: IMCO
Amendment 206 #

2022/2014(INI)

Motion for a resolution
Paragraph 14
14. REmphasizes that neither the video game industry nor users nor parents should underestimate the risks and effects due to 'gaming disorder'; recalls that scientific research has shown that puberty and adolescence are periods in life when people are most at risk of addictive behaviour; calls on video game developers and vendors to issue guidance and tools, as well as to work with stakeholders and agencies to help mitigate the risk of ‘gaming disorders’; when developing new games; suggests that more awareness campaigns should be launched to ensure that parents and young gamers are aware of the risks related to 'gaming disorder';
2022/06/27
Committee: IMCO
Amendment 211 #

2022/2014(INI)

Motion for a resolution
Paragraph 15
15. Stresses that providers of online video games that are played by children should be required to conduct ex-ante child impact assessments based on the 4Cs framework for classifying risk(Content, Contact, Conduct, Contract) framework for classifying risk and effectively mitigate any identified risks to children's rights;
2022/06/27
Committee: IMCO
Amendment 217 #

2022/2014(INI)

Motion for a resolution
Paragraph 16 a (new)
16a. Underlines that the growing videogame sector offers an increasing number of new job opportunities for many cultural creators, such as game developers, designers, writers, music producers and other artists, which any Union action in this field and especially funding activities should take into consideration;
2022/06/27
Committee: IMCO
Amendment 222 #

2022/2014(INI)

Motion for a resolution
Paragraph 17 a (new)
17a. Emphasizes that consumer protection is essential to ensure a safe and trustworthy online environment for gamers and that it can boost the economic growth of the video games industry;
2022/06/27
Committee: IMCO
Amendment 231 #

2022/2014(INI)

Motion for a resolution
Paragraph 19
19. Encourages industry, independent expert partners, rating agencies and consumer associations to continue awareness-raising campaigns on the PEGI system so that more parents know about its existence, improve and to adapt the rating system to facilitate parental choice;
2022/06/27
Committee: IMCO
Amendment 234 #

2022/2014(INI)

Motion for a resolution
Paragraph 20
20. Calls on the Commission to assess how PEGI systems are being implemented in the different types of games available on the market and across the Union and to propose concrete actions to ensure they are being used effectivelyconsistently and used effectively for all online games, by developers, platforms and app stores; stresses that PEGI and age rating should be consistent with privacy policies, data practices and terms of service;
2022/06/27
Committee: IMCO
Amendment 244 #

2022/2014(INI)

Motion for a resolution
Paragraph 21
21. Calls on the Commission to develop a unique identity verification system that allows a player’s age to be verified; minimum standards for privacy- preserving, secure and inclusive age assurance systems, and their use to ensure access to games is age-appropriate; calls for the swift adoption of the Amending Regulation (EU) 910/2014 as regards establishing a framework for a European Digital Identity;
2022/06/27
Committee: IMCO
Amendment 249 #

2022/2014(INI)

Motion for a resolution
Paragraph 22
22. Calls on the Commission to develop and implement common labelling, harmonised across all EU countries, which sets out different recommended minimum age categories, video game theme, possibility of purchase during the game, the appearance of targeted ads and all the necessary information for consumers in a transparent, understandable and accessible manner;
2022/06/27
Committee: IMCO
Amendment 252 #

2022/2014(INI)

Motion for a resolution
Paragraph 23
23. WStresses that online video games must provide a safe digital environment for users; welcomes the recent political agreement reached on the Digital Services Act to update content moderation rules in Europe in order to better tackle illegal online content, including for video games; calls for it to be adopted and implemented swiftly;
2022/06/27
Committee: IMCO
Amendment 257 #

2022/2014(INI)

Motion for a resolution
Paragraph 24 a (new)
24a. Calls on the European Commission and the Member states consumer protection authorities to ensure that consumer law is fully respected and enforced also in the video game sector by conducting sectorial SWEEPs or by launching a coordinated enforcement action, under Regulation (EU) 2017/2394 on cooperation between national authorities responsible for the enforcement of consumer protection laws, when necessary;
2022/06/27
Committee: IMCO
Amendment 41 #

2021/2250(INI)

Motion for a resolution
Citation 11 a (new)
— having regard to the report of the Parliamentary Assembly of the Council of Europe on ‘Restrictions on NGO activities in Council of Europe Member States';1a _________________ 1a PACE report on Restrictions on NGO activities in Council of Europe Member States, accessible at https://assembly.coe.int/nw/xml/XRef/Xref -XML2HTML-en.asp?fileid=28906⟨=en
2022/03/09
Committee: AFET
Amendment 94 #

2021/2250(INI)

Motion for a resolution
Recital D a (new)
D a. whereas bans on Pride events have constituted significant curtailment to the freedom of association and expression for LGTBI persons, justified by the ‘need to protect participants against terror threats’, ‘protection of public morals’, ‘social sensitivities’, the risk of these events ‘inciting hatred and enmity’ or to ‘prevent crimes being committed’; whereas these reasons constitute deliberate attempts at undermining international human rights obligations and reflect the need for progress on protection of LGBTI people, namely in the fields of freedom of peaceful assembly, association and expression;
2022/03/09
Committee: AFET
Amendment 178 #

2021/2250(INI)

Motion for a resolution
Paragraph 6
6. Insists that the crucial area of fundamental rights and freedoms, which is at the core of the accession process, cannot be disconnected and isolated from overall relations with the EU and stresses that for Parliament, it remains the main obstacle to further progress on any positive agenda that could be offered to Turkey; considers that the adoption on March 2021 of an Action Plan on Human Rights shows a willingness to improve the overall situation of fundamental rights in Turkey; notes nevertheless that the commitment of the government will be measured by the extent of its implementation and the reforms undertaken to ensure its application to all citizens without discrimination;
2022/03/09
Committee: AFET
Amendment 212 #

2021/2250(INI)

Motion for a resolution
Paragraph 8
8. Notes the importance of upholding the freedom of assembly in Turkey, which is enshrined in its constitution and a positive obligation derived from its membership of the European Convention of Human Rights;
2022/03/09
Committee: AFET
Amendment 269 #

2021/2250(INI)

Motion for a resolution
Paragraph 13
13. Regrets the sustained pressureharassment onf civil society and human rights defenders and the continuously shrinking space to operate freely in Turkey; notes the grave impediment on their freedom to associate peacefully through the Law on Preventing Financing of Proliferation of Weapons of Mass Destruction; is concerned by the observations from the Council of Europe’s Commissioner for Human Rights and Parliamentary Assembly, who point that human rights organisations were the first to be audited pursuant to this law; urges Turkey to review the articles of the Law which are not related to the prevention of financing or proliferation of weapons of mass destruction, in particular those articles which unduly target civil society;
2022/03/09
Committee: AFET
Amendment 299 #

2021/2250(INI)

Motion for a resolution
Paragraph 15
15. Expresses deep concern about the state-sponsored deterioration in the human rights situation for LGBTI people, in particular with regard to physical attackhate crimes – especially against transgender persons –, the protracted bans on Pride marches across the country, restrictions on the freedoms of assembly, association and expression, and censorship in the media; and online; recalls the need to adopt measures to ensure all citizens can enjoy these freedom safely; calls on authorities to align its criminal legislation concerning homophobic and transphobic hate crime with ECRI’s General Policy Recommendation 7,1aas requested by ECRI in its 2019 conclusions1b; urges authorities to lift the protracted bans on Pride events; _________________ 1a ECRI General Policy Recommendation No. 7 on National Legislation to Combat Racism and Racial Discrimination, accessible at https://rm.coe.int/ecri- general-policy-recommendation-no-7- revised-on-national-legislatio/16808b5aae 1b ECRI country monitoring conclusions on Turkey, accessible at https://rm.coe.int/interim-follow-up- conclusions-on-turkey-5th-monitoring- cycle-/168094ce03
2022/03/09
Committee: AFET
Amendment 303 #

2021/2250(INI)

Motion for a resolution
Paragraph 15 a (new)
15 a. Notes with concern the increasing hate speech and smear campaigns by high-ranking central government and public officials against LGBTI persons; considers that this constitutes a worrying trend and a powerful enabler of increased harassment, discrimination and potential violence; recalls that Turkey’s obligations under the ECHR entail a responsibility to combat discrimination and violence against LGBTI persons and urges authorities to deliver on their commitments;
2022/03/09
Committee: AFET
Amendment 308 #

2021/2250(INI)

Motion for a resolution
Paragraph 15 b (new)
15 b. Highlights the pattern of use of judicial proceedings to silence human rights defenders, NGOs and lawyers and to curtail activism, in particular LGBTI rights defenders;1a notes the examples of the criminal investigations against the Istanbul, Ankara and Diyarbakir bar associations and the case of the participants in the 2019 METU Pride; welcomes the acquittal of the latter; calls on Turkey to drop all charges against peaceful participants of LGBTI events; _________________ 1a Letter of the Commissioner for Human Rights of the Council of Europe of 17 June 2021 concerning the human rights of LGBTI people, accessible at https://rm.coe.int/letter-to-mr-suleyman- soylu-minister-of-interior-and-mr- abdulhamit-gul/1680a2e486
2022/03/09
Committee: AFET
Amendment 310 #

2021/2250(INI)

Motion for a resolution
Paragraph 15 c (new)
15 c. Condemns the continuous repression on academic institutions, in particular Boğaziçi University and the university’s professors and students; welcomes the statement by the EEAS, which recalled that the COVID-19 pandemic cannot be used as a means to silence critical voices and which condemned the hate speech by high-level officials against LGBTI students;1a _________________ 1a EEAS, “Turkey: Statement by the Spokesperson on the detentions of students and developments around Boğaziçi university", accessible at https://eeas.europa.eu/headquarters/head quarters-homepage/92622/turkey- statement-spokesperson-detentions- students-and-developments-around- boğaziçi-university_en
2022/03/09
Committee: AFET
Amendment 324 #

2021/2250(INI)

Motion for a resolution
Paragraph 17 a (new)
17 a. Condemns that 108 people from politics, civil society and the Kurdish liberation movement have been accused of terrorist crimes and murder in dozens of cases in connection with the protests during the IS attack on Kobane in October 2014;
2022/03/09
Committee: AFET
Amendment 348 #

2021/2250(INI)

Motion for a resolution
Paragraph 20
20. Reiterates that Turkey refuses to implement the recommendations from 2018 of the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment; Calls on Turkey to abide by a zero- tolerance policy on torture and to duly investigate persistent and credible reports of torture, ill-treatment and inhumane or degrading treatment in custody, in order to put an end to impunity and hold those responsible to account;
2022/03/09
Committee: AFET
Amendment 385 #

2021/2250(INI)

Motion for a resolution
Paragraph 21
21. Commends the efforts made by Turkey to continue hosting the largest refugee population in the worldabsolute numbers; welcomes, in this regard, the continued provision of EU funding for refugees and host communities in Turkey, and expresses its commitment to sustain this support in the future;
2022/03/09
Committee: AFET
Amendment 475 #

2021/2250(INI)

Motion for a resolution
Paragraph 24 a (new)
24 a. Condemns Turkey's continued occupation of Syrian territory, in particular the Kurdish-majority regions of Afrin and Ras al-Ain/Sere Kaniye; regrets that the occupation was accompanied by the fight of a large part of the population there and whose return to this day is made impossible due to Turkish occupation and the Turkey allied local Islamist militias; Is deeply concerned about the catastrophic situation of the religious minorities, the Yazidis, Christians and Alevis, since the Turkish occupation of Afrin in 2018 and Ras al-Ain in 2019 due to the Islamist militias; calls on Turkey to evacuate at least these regions and allow the displaced civilian population to return;
2022/03/09
Committee: AFET
Amendment 493 #

2021/2250(INI)

Motion for a resolution
Paragraph 24 b (new)
24 b. Condemns the ongoing Turkish attacks on Iraqi territory and the continued military presence on Iraqi territory, in particular the attacks on the Yazidi-majority Sinjar region, which are preventing the return of Yazidis and Christians who fled the so called "Islamic State" in 2014; calls for respect of Iraq's sovereignty and no further destabilization of Iraq;
2022/03/09
Committee: AFET
Amendment 502 #

2021/2250(INI)

Motion for a resolution
Paragraph 24 c (new)
24 c. Condemns Turkey´s occupation of Northern Parts of Syria, where systemic human rights violations by Turkey or its proxy forces take place; calls on Turkey to withdraw its troops from Northern Syria which it is illegally occupying outside of any UN mandate;
2022/03/09
Committee: AFET
Amendment 524 #

2021/2250(INI)

Motion for a resolution
Paragraph 25
25. Insists that democracy, the rule of law and fundamental rights should remain at the heart of EU-Turkey relations under any framework; reaffirms its support for keeping the accession process and its value-based approach as the main framework for EU-Turkey relabelieves that it is high time to define a comprehensive, unified and coherent strategy for the medium to long term, among all EU institutions, as it is stind Member States; Recalls the most powerful tool to exercise normativat the strong relapse in the paressure and sustain the democratic and pro-European aspirations of Turkish society; nevertheless remains open to the possibility of both sides reviewing, in a realistic manner, the appropriateness of this framework and its ability to function, or, if necessary, exploring other possible models for future relationsa of fundamental rights, the deteriorating human rights situation, the lack of freedom of the press and expression, the arbitrary detention of opposition politicians and journalists and the non-recognition of democratic elections show that Turkey's future cannot lie within the EU; the accession negotiations with Turkey must therefore be dissolved;
2022/03/09
Committee: AFET
Amendment 537 #

2021/2250(INI)

Motion for a resolution
Paragraph 25 a (new)
25 a. Calls on Turkey to reinitiate the dialogue with the Kurdish movement and to resume the peace process it had with the Kurdish movement between 2013 and 2015 to achieve a peaceful solution to the conflict;
2022/03/09
Committee: AFET
Amendment 6 #

2021/2248(INI)

Motion for a resolution
Citation 16
— having regard to the final report of 2 October 2020 of the Office for Democratic Institutions and Human Rights (ODIHR) of the Organization for Security and Co-operation in Europe (OSCE) Election Observation Mission on North Macedonia’s early parliamentary elections of 15 July 2020 and to its final report of [...] 2022 on the local elections of 17 October 2021,
2022/03/09
Committee: AFET
Amendment 7 #

2021/2248(INI)

Motion for a resolution
Citation 17
— having regard to the Venice Commission’s opinion of 18 DecNovember 2021 on the draft law on the state of emergency and to its previous opinions,
2022/03/09
Committee: AFET
Amendment 18 #

2021/2248(INI)

Motion for a resolution
Recital A
A. whereas EuropeanU integration represents the aspirations of citizens of North Macedonia towards democracy and prosperity and serves as a powerful catalyst for reforms;
2022/03/09
Committee: AFET
Amendment 24 #

2021/2248(INI)

Motion for a resolution
Recital B
B. whereas North Macedonia is a trustworthy partner, having continued to make consistent effortprogress on its path towards membership of the EU and towards meeting and sustaininghaving met the conditions required for the opening of accession negotiations;
2022/03/09
Committee: AFET
Amendment 30 #

2021/2248(INI)

Motion for a resolution
Recital C a (new)
C a. whereas the Prespa Agreement is a landmark agreement that represent a model for stability and reconciliation in the whole region of the Western Balkans, and have improved the spirit of good neighbourly relations and regional cooperation;
2022/03/09
Committee: AFET
Amendment 35 #

2021/2248(INI)

Motion for a resolution
Recital D
D. whereas North Macedonia should press forward wihas maintained a steady and determined pace in advancing EU reforms, with a focus on the fundamentals, the country should continue to keep up the reforms momentum;
2022/03/09
Committee: AFET
Amendment 44 #

2021/2248(INI)

Motion for a resolution
Recital E
E. whereas the EU remains fully committed to supporting North Macedonia’s strategic choice of Europeanobjective of EU integration;
2022/03/09
Committee: AFET
Amendment 55 #

2021/2248(INI)

Motion for a resolution
Paragraph 1
1. Reiterates its clear support for North Macedonia’s democratic transformationthe democracy and rule of law in North Macedonia, underpinned by its strategic orientation and unwavering commitment to EuropeanU integration;
2022/03/09
Committee: AFET
Amendment 58 #

2021/2248(INI)

Motion for a resolution
Paragraph 1 a (new)
1 a. Deplores the failure of the European Council to approve the EU’s membership negotiation framework for North Macedonia and Albania; calls on Bulgaria to withdraw its veto against North Macedonia in order not to further delay the accession progress, and not let the enlargement process be impeded by unilateral interests; reminds that the idea of the European Union is to overcome regional disputes and a difficult past, in order to work on a better, peaceful future and to prosper together;
2022/03/09
Committee: AFET
Amendment 66 #

2021/2248(INI)

Motion for a resolution
Paragraph 2
2. Recalls the need to upholdaccelerate the pace and strenghten the credibility of EuropeanU integration by promptly openofficially starting accession negotiations with Albania and North Macedonia, given that both countries have fulfilled the necessary conditions and delivered sustained results across, including the areas of the fundamental areas;
2022/03/09
Committee: AFET
Amendment 70 #

2021/2248(INI)

Motion for a resolution
Paragraph 2 a (new)
2 a. Reminds Member States that enlargement policy must be driven by objective criteria, and not be impeded by unilateral interests; reiterates that the EU’s enlargement policy has been the Union’s most effective foreign policy instrument, and full integration of the Western Balkans is in the EU's political, security and economic interest as a geostrategic investment in a stable and thriving Union.
2022/03/09
Committee: AFET
Amendment 81 #

2021/2248(INI)

Motion for a resolution
Paragraph 3
3. Commends North Macedonia on its steady progress on the path towards EU membership, its commitment to multiculturalism and inter-ethnic harmony, and its continued positive and coherent bilateral engagement;
2022/03/09
Committee: AFET
Amendment 88 #

2021/2248(INI)

Motion for a resolution
Paragraph 4
4. Urges North Macedonia to sustain and intensify efforts to further strengthen the rule of law and judicial independence, counter corruptionto fight against corruption and organized crime, reform its public administration and consolidate media freedom;
2022/03/09
Committee: AFET
Amendment 100 #

2021/2248(INI)

Motion for a resolution
Paragraph 7
7. Reaffirms the need to maintain constructive engagement with and a broad cross-party consensus on EU-related reforms, by; underlines the need to further strengthening the capacities of the Assembly of North Macedonia (Sobranie); urges lawmakers to swiftly implement the commitments made under the Jean Monnet Dialogue process;
2022/03/09
Committee: AFET
Amendment 105 #

2021/2248(INI)

Motion for a resolution
Paragraph 9
9. Stresses the need to finalise the electoral reform in a timely, in line with the recommendations of the OSCE/ODIHR and Venice Commission in a timely,transparent and inclusive fashion;
2022/03/09
Committee: AFET
Amendment 111 #

2021/2248(INI)

Motion for a resolution
Paragraph 9 a (new)
9 a. Takes note of the smooth conduct of the local elections on 17and 31 October 2021, respecting competitive and fundamental freedoms. Underlines the importance to address the remaining recommendations from OSCE/ODIHR and the Venice Commission in a timely and inclusive manner.
2022/03/09
Committee: AFET
Amendment 113 #

2021/2248(INI)

Motion for a resolution
Paragraph 11
11. Calls for the continued modernisation ofreform towards a merit-based public administration, streamlinewith improved lines of accountability, streamlined institutional framework and intra-service coordination, and simproved local governancelified administrative procedures;
2022/03/09
Committee: AFET
Amendment 115 #

2021/2248(INI)

Motion for a resolution
Paragraph 12
12. Welcomes the implementation of the 2021 population census;deleted
2022/03/09
Committee: AFET
Amendment 123 #

2021/2248(INI)

Motion for a resolution
Paragraph 15
15. Recalls the need to reform the legal framework for online and offline mediain the area of media in accordance with the EU acquis and European standards in order to strengthen their independence, transparency of ownership, financial sustainability and self- regulation;
2022/03/09
Committee: AFET
Amendment 129 #

2021/2248(INI)

Motion for a resolution
Paragraph 18
18. Welcomes the proposed amendments to the penal code and cCalls for the implementation of measures that increase the safety of media professionals and tackle attempts to intimidate them;
2022/03/09
Committee: AFET
Amendment 136 #

2021/2248(INI)

Motion for a resolution
Paragraph 19
19. Recalls the need to strengthen investigative journalism, fact-checking and media literacy as means to tackle hate speech, and disinformation and foreign interference campaign; stresses the importance to enforce a zero-tolerance approach regarding intimidation, threats and acts of violence against journalists;
2022/03/09
Committee: AFET
Amendment 151 #

2021/2248(INI)

Motion for a resolution
Paragraph 21
21. Notes the improvements in ensuring women’s rights and gender- responsive policies; welcomes the adoption of the law aimed at preventing violence against women and domestic violence and encourages the alignment of the penal code withcountry to enhance the implementation of the national action plan for the implementation of the Istanbul Convention's provisions;
2022/03/09
Committee: AFET
Amendment 161 #

2021/2248(INI)

Motion for a resolution
Paragraph 22
22. Encourages ongoing steps to build trust in inter-community relationamong communities and the functioning of a multi-ethnic society, while recalling the importance of upholding the rights of non-majorityall communities and tackling all instances of discrimination;
2022/03/09
Committee: AFET
Amendment 167 #

2021/2248(INI)

Motion for a resolution
Paragraph 23
23. Calls for further improvements in the enforcement of the rights tof persons belonging to minorities, [including self- identification, property and] inclusive intercultural education, as well as the rights of peoplersons with disabilities and minority rights;
2022/03/09
Committee: AFET
Amendment 191 #

2021/2248(INI)

Motion for a resolution
Paragraph 25
25. Welcomes North Macedonia’s membership of the International Holocaust Remembrance Alliance; recalls the need to open up Yugoslav secret service archives in order to vigorously address communist- era crimes across the region;
2022/03/09
Committee: AFET
Amendment 201 #

2021/2248(INI)

Motion for a resolution
Paragraph 26
26. Calls for the EU to boost its support for humanitarian assistance and border protection in the region; reiterates its calls for North Macedonia to improve migration management and reception conditions;
2022/03/09
Committee: AFET
Amendment 204 #

2021/2248(INI)

Motion for a resolution
Paragraph 26 a (new)
26 a. Welcomes the continued constructive role the country plays in mixed migration flows; regrets that the status agreement with the European Boarder and Coast Guard Agency (Frontex) has not yet been signed, due to pending bilateral issues; reiterates its calls for North Macedonia to improve migration management and reception conditions;
2022/03/09
Committee: AFET
Amendment 208 #

2021/2248(INI)

Motion for a resolution
Paragraph 27
27. UWhile acknowledging the progress made, underlines the need to push forward the rule of law reform;
2022/03/09
Committee: AFET
Amendment 210 #

2021/2248(INI)

Motion for a resolution
Paragraph 28
28. Welcomes further steps in consolidating the track record on investigating, prosecuting high-leveland trying corruption and organised crime cases, including at high level, strengthening independent oversight institutions, and reforming electoral and judicial systems and the civil servicejudicial systems;
2022/03/09
Committee: AFET
Amendment 211 #

2021/2248(INI)

Motion for a resolution
Paragraph 29
29. Recalls that the updates to the penal code should cover, inter alia, the provisions on economic crime and disinformation;deleted
2022/03/09
Committee: AFET
Amendment 215 #

2021/2248(INI)

Motion for a resolution
Paragraph 30
30. Emphasises the need to further advance the judicial reform, the independence of the judiciary and the functioning of bodies that ensure its self- governance;
2022/03/09
Committee: AFET
Amendment 220 #

2021/2248(INI)

Motion for a resolution
Paragraph 32
32. Encourages the finalisation of the security and intelligence sector reform as well as strengthening the capacity for parliamentary oversight of the intelligence services; calls for the whistle- blower protection mechanism to be updated and the lobbying law to be implemented effectively;
2022/03/09
Committee: AFET
Amendment 224 #

2021/2248(INI)

Motion for a resolution
Paragraph 33
33. Underlines the importance of delivering justice in major lawsuits related to the abuse of office, corruption and terror, including the April 2017 attacks against the Sobranie, illegal wiretapping and extortioncontinuing to establish legal accountability, including for cases related to the abuse of office, corruption, 2017 attacks in Parliament, illegal wiretapping and the so called ‘Racket case’;
2022/03/09
Committee: AFET
Amendment 237 #

2021/2248(INI)

Motion for a resolution
Paragraph 36
36. Welcomes the sustained progress made so far, which should lead to systemic improvements in tackling the trafficking of humans, drugs, firearms and goods, along with cybercrime and surveillance, violent crime, extremism and terrorist threats; urges North Macedonia to strengthen its resilience to hybrid threats and fake newsdisinformation;
2022/03/09
Committee: AFET
Amendment 242 #

2021/2248(INI)

Motion for a resolution
Paragraph 36 b (new)
36 b. Takes note of the serious economic and social impact of the COVID-19 crisis and expresses support for the range of measures the authorities have taken to protect public health and mitigate the socio-economic impact of crisis, including putting into good use the substantial support provided by the EU in financial assistance, medical equipment and vaccines;
2022/03/09
Committee: AFET
Amendment 253 #

2021/2248(INI)

Motion for a resolution
Paragraph 39 a (new)
39 a. Welcomes the conduct of the 2021 population census;
2022/03/09
Committee: AFET
Amendment 260 #

2021/2248(INI)

Motion for a resolution
Paragraph 40 a (new)
40 a. Welcomes the steps taken to establish a direct personal taxation system based on progressive rates; notes the return to a flat-tax model; encourages the Government to modernise the tax code with a higher focus on progressive rates on income, taxation of property and environmental factors, to produces sufficient value to implement social reforms and combat inequality;
2022/03/09
Committee: AFET
Amendment 261 #

2021/2248(INI)

Motion for a resolution
Paragraph 40 b (new)
40 b. Welcomes progress made so far and encourages North Macedonia to continue to step-up its efforts for further efficient use of the potentials offered by the Economic and Investment Plan for the Western Balkans and the Green Agenda for the Western Balkans;
2022/03/09
Committee: AFET
Amendment 267 #

2021/2248(INI)

Motion for a resolution
Paragraph 41
41. Welcomes North Macedonia’s updated climate pledges; recalls that additional efforts are needed to meet the targets for energy efficiency, renewable energy, security of supply and emission reductions; commends the adoption and implementation of the energy efficiency legislation; urges the authorities to align environment and climate change legislation with the EU acquis and to ensure its enforcement;
2022/03/09
Committee: AFET
Amendment 269 #

2021/2248(INI)

Motion for a resolution
Paragraph 41 a (new)
41 a. Underlines the need to implement the Paris Agreement, including with the adoption of a comprehensive climate Strategy and a Law, consistent with the EU 2030 framework;
2022/03/09
Committee: AFET
Amendment 278 #

2021/2248(INI)

Motion for a resolution
Paragraph 43
43. Urges the country to step up efforts to upgrade transport and energy infrastructure ands well as regional connectivity, including rail and road corridors and gas and electricity interconnectors;
2022/03/09
Committee: AFET
Amendment 286 #

2021/2248(INI)

Motion for a resolution
Paragraph 43 a (new)
43 a. Urges Member States to conclude the discussions on the Negotiating Framework and decide on holding of the first Intergovernmental conference (IGC) with North Macedonia without further delay; underlines that the official launch of accession negotiations will be an investment in the credibility of the EU as well as in the stability, prosperity and the ongoing reconciliation processes in the region;
2022/03/09
Committee: AFET
Amendment 287 #

2021/2248(INI)

Motion for a resolution
Paragraph 43 a (new)
43 a. Calls the EU to seriously consider the possible security implications in the Western Balkans in view of the developments in Ukraine and the possible influence of Russia in the countries of the region; security challenges have now obviously increased and concrete steps on the EU perspective are more than necessary;
2022/03/09
Committee: AFET
Amendment 300 #

2021/2248(INI)

Motion for a resolution
Paragraph 45
45. Welcomes North Macedonia’s continued commitment to Euro-Atlantic security; commends the country’s increasingfull alignment with the EU’s foreign, security and defence policy and invites it to align itself, including with the restrictive measures related to Russia; welcomes its continued contributions to EU crisis management missions and operations;
2022/03/09
Committee: AFET
Amendment 309 #

2021/2248(INI)

Motion for a resolution
Paragraph 46
46. Welcomes the ongoing process of historical reconciliation with neighbouring countries;deleted
2022/03/09
Committee: AFET
Amendment 320 #

2021/2248(INI)

Motion for a resolution
Paragraph 47
47. SRegrets that Bulgaria and North Macedonia have yet to find an understanding on pending bilateral issues; stresses the importance of continued dialogue in order to achieve a sustainable agreement on current bilateral issues; in this regard, strongly welcomes the political impetus for a renewed dialogue between Bulgaria and North Macedonia and encourages the partners to accelerate engagement in good faith and in accordance with the Treaty of Friendship, Good Neighbourliness and Cooperation in order to reach an mutually acceptable compromisesolution to pending bilateral issues, thereby bringing societies closer together by enabling a common future in the EU;
2022/03/09
Committee: AFET
Amendment 329 #

2021/2248(INI)

Motion for a resolution
Paragraph 47 a (new)
47 a. Congratulates North Macedonia on the inauguration of the Prespa Forum Dialogue, as a regional platform to inspire and promote dialogue, reconciliation, good-neighbourly relations and regional cooperation in the spirit of the European integration;
2022/03/09
Committee: AFET
Amendment 112 #

2021/2247(INI)

Motion for a resolution
Paragraph 16 a (new)
16 a. Notes that the collection of disaggregated data relating to racism and homo/transphobic hate speech and crime remains suboptimal; recalls the 2020 conclusions from the ECRI monitoring report, which stated that prior recommendations had not been implemented;1a recalls the Parliament’s position in the last report on Montenegro, which already called for this measure, and encourages authorities to implement it;1b _________________ 1a ECRI conclusions on the implementation of the recommendations in respect of Montenegro subject to interim follow-up (2 June 2020), accessible at https://rm.coe.int/ecri- conclusions-on-the-implementation-of- the-recommendations-in- respe/16809e8273 1b Texts adopted, P9_TA(2021)0244
2022/03/23
Committee: AFET
Amendment 155 #

2021/2247(INI)

Motion for a resolution
Paragraph 23
23. Welcomes progress on the protection and promotion of LGBTIQ rights and the first same-sex marriage in July 2021registered partnership in July 2021; calls on the government to continue making the appropriate amendments to other laws and bylaws required for the full implementation of the Law on registered partnership, which continue to pose problems for some partners’ access to it; underlines that the promotion of LGBTIQ rights is a responsibility of the Ministry of Justice, Human and Minority Rights, and is therefore concerned that neither the National LGBTI Strategy nor LGBTI rights are referenced in the description of its directorates work programmes;
2022/03/23
Committee: AFET
Amendment 161 #

2021/2247(INI)

Motion for a resolution
Paragraph 23 a (new)
23 a. Calls on Montenegro to properly include LGBTIQ civil society in the work of the new legal gender recognition working group, which should work towards legal gender recognition based on self-determination, in accordance with ECHR practice and the WHO’s ICD-11, which depathologizes trans identities in all areas of life;1a _________________ 1a WHO Europe brief - transgender health in the context of ICD-11, accessible at https://www.euro.who.int/en/health- topics/health- determinants/gender/gender- definitions/whoeurope-brief-transgender- health-in-the-context-of-icd-11
2022/03/23
Committee: AFET
Amendment 162 #

2021/2247(INI)

Motion for a resolution
Paragraph 23 b (new)
23 b. Notes with concern the unavailability of hormone therapy for trans people in state health institutions and private pharmacies; is aware that this is a consequence of shortage of medicines caused by the Covid-19 pandemic, but calls on the responsible authorities to provide a response that ensures trans persons’ access to health, respecting their physical and mental integrity;
2022/03/23
Committee: AFET
Amendment 46 #

2021/2246(INI)

Motion for a resolution
Paragraph 1
1. Welcomes Kosovo’s commitment to advance on EU-related reforms and the overwhelming consensus among political parties and public support for European integration;
2022/04/29
Committee: AFET
Amendment 52 #

2021/2246(INI)

Motion for a resolution
Paragraph 2
2. Welcomes the increased political stability and strong commitment of the government to further advance on its European path as demonstrated by the adoption of the Action Plan of the European Reform Agenda II and the National Programme for the Implementation of the Stabilisation and Association Agreement; underlines the need 2022-2026; welcomes the willingness of the government to strengthen the administrative capacities and to put in place a coherent coordination structure within the Kosovo institutions for their effective implementation;
2022/04/29
Committee: AFET
Amendment 64 #

2021/2246(INI)

Motion for a resolution
Paragraph 4
4. CWelcomes the establishment of the ad-hoc Commission for electoral reform on 13 April 2021 by the Assembly; calls on Kosovo to address the long-standing deficiencies in the electoral process; deploregrets the fact that many of the recommendations issued by previous EU election observation missions since 2013 remain unaddressed;
2022/04/29
Committee: AFET
Amendment 73 #

2021/2246(INI)

Motion for a resolution
Paragraph 5
5. Reiterates its call on the Council to proceed urgently with the adoption of a visa-free regime for the citizens of Kosovo;, as Kosovo remains the only country in the Western Balkans without visa liberalisation regime, despite fulfilling all the benchmarks for visa liberalisation roadmap, as consistently confirmed by the Commission since July 2018.
2022/04/29
Committee: AFET
Amendment 85 #

2021/2246(INI)

Motion for a resolution
Paragraph 7
7. Notes also Kosovo’s intention to apply for membership of the European Union in 2022, for a candidate country status but stresses that there is no fast-track procedure and that the progress in normalisation of relations with Serbia is necessary for Kosovo to advance on its European path;
2022/04/29
Committee: AFET
Amendment 105 #

2021/2246(INI)

Motion for a resolution
Paragraph 9
9. Welcomes the adoption of the resolution of the Assembly of Kosovo strongly condemning the military aggression and the invasion of Ukraine by the Russian Federation, and commends Kosovo for its alignment with the EU by adopting sanctions against Russia, allocating humanitarian aid to Ukraine and for its willingness to host refugees by temporarily lifting visas for Ukraine citizens, including a specific programme for journalists from Ukraine to work remotely in Kosovo;
2022/04/29
Committee: AFET
Amendment 125 #

2021/2246(INI)

Motion for a resolution
Paragraph 12
12. Takes note of the government’s plans for the vetting of judges and prosecutors, and underlines the importance of the Venice Commission’s opinion; stresses that vetting should be used as a last resort and insists that the EU and the US reservations should not be disregarded; welcomes the cooperation of Kosovo authorities with the EU to find solutions within European standards that make Kosovo’s judiciary more efficient, independent and accountable;
2022/04/29
Committee: AFET
Amendment 138 #

2021/2246(INI)

Motion for a resolution
Paragraph 16
16. Urges the government to implementaddress appropriately the concerns related to the ruling of the Constitutional Court granting parcels of land to the Visoki Dečani Monastery; is concerned that the authorities have still not implemented this court decision, thereby undermining the government’s commitment to enforcing the rule of law and its respect for an independent judiciary;
2022/04/29
Committee: AFET
Amendment 159 #

2021/2246(INI)

Motion for a resolution
Paragraph 19
19. Regrets the Kosovo Assembly’s failure to adopt the draft Civil Code, at the first reading, and calls for its adoption once the Civil Code is again submitted to the plenary, which would bring much- needed progress for Kosovo citizens and would have a positive impact on the economic development of Kosovo;
2022/04/29
Committee: AFET
Amendment 167 #

2021/2246(INI)

Motion for a resolution
Paragraph 20
20. Regrets the fact that the initiatives to involve the Serb community in Kosovo’s political, social and economic structures are only very limited; reiterates that the institutionalisation of the learning of official languages in Kosovo and equal access to services and information in the official languages are essential; Welcomes the efforts of the Kosovo authorities to address inter-ethnic incidents;
2022/04/29
Committee: AFET
Amendment 173 #

2021/2246(INI)

Motion for a resolution
Paragraph 21
21. Reiterates its call for greater inclusion of persons belonging to minorities, including the Roma, Ashkali and Egyptian communities, as well as persons with disabilities and displaced persons, by providing them with access to adequate healthcare and social protection; Welcomes the initiative of the Government of Kosovo to regularly consult and meet with all communities living in Kosovo as part of internal dialogue.
2022/04/29
Committee: AFET
Amendment 186 #

2021/2246(INI)

Motion for a resolution
Paragraph 23
23. Welcomes the appointment of new board of public broadcaster RTK in a transparent and merit based process; calls for finding a sustainable solution for the public broadcaster and secure editorial independence. Notes that the media landscape has been distorted in recent years, with large- scale investments leading to increased private sector influence over major media outlets; reiterates the need to guarantee media transparency, including on media ownership;
2022/04/29
Committee: AFET
Amendment 190 #

2021/2246(INI)

Motion for a resolution
Paragraph 24
24. Is deeply concerned about the continuing high level of domestic and gender-based violence in Kosovo; calls for the effective implementation of the national strategy against domestic and gender-based violence; Welcomes the adoption of the National Strategy on protection against domestic violence and violence against women, the draft law on crime victim compensation and the adoption of the revisions on free legal aid, which guarantees free legal aid to victims of domestic violence, victims of gender- based violence and of sexual violence.
2022/04/29
Committee: AFET
Amendment 196 #

2021/2246(INI)

Motion for a resolution
Paragraph 25
25. Calls for the EU to strengthen its support for and cooperation with Kosovo in addressing disinformation and fighting malign hybrid activities, in particular from Russia and China; condemns in particular the long running disinformation campaigns by Russia’s state-owned Serbian-language outlet Sputnik Serbia, which regularly spreads misinformation to saw ethnic tensions, tries to delegitimise Kosovo’s statehood, to destabilise its governance and to undermine Kosovo’s relations with Europe.
2022/04/29
Committee: AFET
Amendment 204 #

2021/2246(INI)

Motion for a resolution
Paragraph 26
26. Welcomes Kosovo’s active participation in the regional cooperation mechanisms, including the Common Regional Market and the Green Agenda for the Western Balkans; welcomes the various bilateral cooperation agreements between Kosovo and North Macedonia and Albania; Encourages Kosovo to be also invited and to participate in regional cooperation forums like the Open Balkan Initiative.
2022/04/29
Committee: AFET
Amendment 214 #

2021/2246(INI)

Motion for a resolution
Paragraph 27
27. Reconfirms its support for the EU- facilitated Belgrade-Pristina dialogue and reiterates the importance of constructive engagement on the part of the authorities of both Serbia and Kosovo in order to achieve a comprehensive legally binding normalisation agreement concluding with mutual recognition, which is crucial for both countries to advance on their respective European paths; calls for all past agreements to be respected and fully implemented, including the Association of Serb-Majority Municipalities, which should not undermine the functioning of Kosovo’s institutions;
2022/04/29
Committee: AFET
Amendment 226 #

2021/2246(INI)

Motion for a resolution
Paragraph 28
28. Regrets the decision of the Government of Kosovo to reject a proposal by international mediators enabling the collection of the ballots of eligible voters to allow them to vote in the territory of Kosovo in the 3 April 2022 Serbian elections, as had been the case previously;
2022/04/29
Committee: AFET
Amendment 242 #

2021/2246(INI)

Motion for a resolution
Paragraph 30
30. Welcomes the introducstart of the implementation of a roaming-free zone in the entire Western Balkans, involving Kosovo, as of 1 July 2021, improving connectivity and bringing benefits to citizens and businesses in the region;
2022/04/29
Committee: AFET
Amendment 258 #

2021/2246(INI)

Motion for a resolution
Paragraph 32
32. RegretsWelcomes the steps undertaken by the government aiming at reducing the informal economy; Regrets, however, the fact that Kosovo’s large informal economy continues to hinder the development of its private sector; notes the existence of a strategy and a corresponding action plan to address the underlying causes of informality, but regrets the lack of effective implementation;and welcomes the creation of 25.000 new jobs through the recovery package.
2022/04/29
Committee: AFET
Amendment 260 #

2021/2246(INI)

Motion for a resolution
Paragraph 32 a (new)
32a. Welcomes the disbursement of a COVID-19 Macro-Financial Assistance package aimed at mitigating economic impacts of the pandemic and keeping macroeconomic stability as well as mobilising €14.2 billion from IPA III to support the Western Balkans partners in meeting the requirements for European membership;
2022/04/29
Committee: AFET
Amendment 262 #

2021/2246(INI)

Motion for a resolution
Paragraph 32 b (new)
32b. Commends Kosovo for its successful management of the COVID-19 pandemic, including the vaccination process; welcomes that Kosovo has purchased only COVID-19 vaccines produced and certified by the EU/UK/US and that work is progressing for Kosovo to qualify for the European Digital COVID Certificate;
2022/04/29
Committee: AFET
Amendment 269 #

2021/2246(INI)

Motion for a resolution
Paragraph 33
33. Underlines that the implementation of both fundamental and structural reforms remains essential for economic recovery and social development;
2022/04/29
Committee: AFET
Amendment 275 #

2021/2246(INI)

Motion for a resolution
Paragraph 34
34. Urges the authorities to continue their efforts to reform the education system so that it provides students with the skills and knowledge required by the labour market; welcomes the increased scholarships for female students and calls for increased efforts to integrate women into the labour market;
2022/04/29
Committee: AFET
Amendment 279 #

2021/2246(INI)

Motion for a resolution
Paragraph 34 a (new)
34a. Encourages the extension of the scholarship program of the College of Europe besides the European Neighbourhood countries also to the students from the Western Balkans countries.
2022/04/29
Committee: AFET
Amendment 290 #

2021/2246(INI)

Motion for a resolution
Paragraph 36
36. Calls on the government to speed up its work on theWelcomes the new draft Energy Strategy 2022- 2030, with a particular focus on a sustainable and affordable energy supply, increased energy efficiency and the further diversification of energy sources;
2022/04/29
Committee: AFET
Amendment 17 #

2021/2245(INI)

Motion for a resolution
Citation 22 a (new)
— having regard to the 2019 Poznan Declaration on Roma Integration within the EU Enlargement Process;
2022/05/10
Committee: AFET
Amendment 27 #

2021/2245(INI)

Motion for a resolution
Recital A
A. whereas BiH citizens aspire towards Euro-Atlantic integration for sustainable peace, democracy and prosperity; whereas the European Parliament has continuously supported BiH path into the EU;
2022/05/10
Committee: AFET
Amendment 33 #

2021/2245(INI)

Motion for a resolution
Recital C
C. whereas BiH’s progress on its EU accession path depends on the implementation of the 14 key priorities in the Commission’s opinion on BiH’s EU membership application, and; whereas EU assistance should address the persistent lack of progress in that regard with BiH counterparts;
2022/05/10
Committee: AFET
Amendment 43 #

2021/2245(INI)

Motion for a resolution
Recital D
D. whereas the Office of the High Representative (OHR) and EUFOR Althea are integral in preserving peace, security and stability, in BiH and the Western Balkans region;
2022/05/10
Committee: AFET
Amendment 44 #

2021/2245(INI)

Motion for a resolution
Recital D a (new)
D a. whereas the High Representative used the Bonn Powers to suspend Republika Srpska Law on Immovable Property;
2022/05/10
Committee: AFET
Amendment 48 #

2021/2245(INI)

Motion for a resolution
Recital E
E. whereas all BiH citizens should enjoy equal rights and obligations throughout BiH territory regardless of their ethnic background; whereas the country has committed to international obligations to end systematic ethnicity and residence-based discrimination and ensure citizens’ equality before the law and has so far failed to do so;
2022/05/10
Committee: AFET
Amendment 70 #

2021/2245(INI)

Motion for a resolution
Paragraph 2
2. Urges BiH todecision-makers to show commitment to the European project by advanceing on the 14 key priorities, notably by restoring the independence of the judiciary, strengthening the rule of law, intensifying the fight against corruption and organised crime, securing media freedom and an enabling environment for civil society, and protecting vulnerable groups;
2022/05/10
Committee: AFET
Amendment 72 #

2021/2245(INI)

Motion for a resolution
Paragraph 3
3. Reiterates its clear support for BiH’s democratic transformconsolidation through European integration, based on unity, sovereignty and territorial integrity, grounded in the principles of equality and non- discrimination of all citizens and constituent peoples as enshrined in the constitutionpeople living in BiH following the ECHR decisions in the Seidic-Fince group of cases;
2022/05/10
Committee: AFET
Amendment 85 #

2021/2245(INI)

Motion for a resolution
Paragraph 4 a (new)
4 a. Calls on all UNSC Members to ensure the renewal and continuity of the mandate of the OHR, as a crucial anchor of BiH stability;
2022/05/10
Committee: AFET
Amendment 97 #

2021/2245(INI)

Motion for a resolution
Paragraph 5
5. Regrets the impasse in negotiations on electoral law reform in BiH and the lack of political will to overcome it; calls on all actors to promptly reach a balancnegotiate in good will and promptly reach a democratic human rights based agreement, to fulfil the constitutional duty of democratic governance and to ensure the transparency and integrity of the electoral process;
2022/05/10
Committee: AFET
Amendment 107 #

2021/2245(INI)

6. Strongly denounces the disregard for international and national norms and obligations, all hate rhetoric and disruptive action, including withdrawal from institutions, particularly by the leadership of the Republika Srpska entity, which destabilises the country, undermines its statehood in violation of the Dayton Peace Agreement and systematically hampers decisions on key laws and reforms; reject which are essential to advance towards EU integration; condemns all attempts to form parallel parastatal institutions, which undermine state institutions, constitutional and legal order, judicial independence and sovereignty; calls for a full, non-selective and unconditional return to all state institutions;
2022/05/10
Committee: AFET
Amendment 119 #

2021/2245(INI)

Motion for a resolution
Paragraph 7
7. Calls for the EU and the international community to use all available tools, including targeted sanctions, against destabilising actors in the country, notably Milorad Dodik in the country; welcomes the set of sanctions already adopted in this respect; calls on all EU Member States to ensure similar targeted sanctions can be adopted by the Council;
2022/05/10
Committee: AFET
Amendment 134 #

2021/2245(INI)

Motion for a resolution
Paragraph 8
8. Underlines that the EU future of BiH depends on sustainable peace and genuine dealing with the past and reconciliation, warranting its democratic, inclusive and multi-ethnic character; urges BiH to expedite effective and impartial prosecution of war crimes under the revised national war crimes processing strategy; calls on all regional political leaders to set up the relevant commission (RECOM);
2022/05/10
Committee: AFET
Amendment 140 #

2021/2245(INI)

Motion for a resolution
Paragraph 9
9. Encourages authorities to intensify cooperation and data sharing on missing persons and to ensure redress for the families of civilian victims, and the safe and sustainable return of refugees and internally displaced people, the full respect of their rights and the return of their property, as well as reconstruction assistance, job creation and social measures and education rights on the regional and national level;
2022/05/10
Committee: AFET
Amendment 144 #

2021/2245(INI)

Motion for a resolution
Paragraph 10
10. Welcomes the amendments to the BiH Criminal Code outlawing the glorification of war criminals and the denial of genocide, crimes against humanity and war crimes; deplores any attempt not to implement this decision; strongly condemns all forms of historical revisionism, denial, or minimisation or glorification of war crimes including non- compliance with decisions of international and domestic tribunals; calls for implementation of the amendments and effective investigations and prosecution of genocide denial;
2022/05/10
Committee: AFET
Amendment 152 #

2021/2245(INI)

Motion for a resolution
Paragraph 11
11. Urges BiH’s political actors to make progress on reforms that are needed to bring the country closer to the EU; calls for an inclusion of civil society organisations in the process, during the transition and beyond; denounces all attempts to stall these reforms, thus endangering access to EU funding under IPA III, which must be based on strictboth incentives and strict rule of law conditionality and depends on the cooperation of different authorities;
2022/05/10
Committee: AFET
Amendment 167 #

2021/2245(INI)

Motion for a resolution
Paragraph 12
12. SRecalls on respecting the democratic principle of holding regular elections, in accordance with the Electoral Law; stresses the importance of holding elections this year as planned;
2022/05/10
Committee: AFET
Amendment 171 #

2021/2245(INI)

Motion for a resolution
Paragraph 13
13. Supports transparent and inclusive constitutional and electoral reforms to ensure equality and non-discrimination of all citizens, enhance accountability and transform BiH into a fully functional and inclusive state by immediately implementing rulings, opinions and recommendations of competent courts and international bodies; supports transatlantic facilitation efforts to this endregrets that US and EU facilitation efforts to this end took place with ethno-nationalist leaders outside of parliamentary structures; highlights the importance of the BiH Parliament as the legitimate arena for the ongoing negotiations on electoral reform, as a legitimate and supported BiH Parliament constitutes avital sign of a functioning democratic state;
2022/05/10
Committee: AFET
Amendment 200 #

2021/2245(INI)

Motion for a resolution
Subheading 3 a (new)
Green agenda and connectivity
2022/05/10
Committee: AFET
Amendment 207 #

2021/2245(INI)

Motion for a resolution
Paragraph 16
16. Recalls the need for laws on gas and electricity, renewables, energy efficiency and climate, and to step up environmental and nature protection and ambition towards a green transition; calls on the Green Agenda for the Western Balkans to fully support BiH in this respect;
2022/05/10
Committee: AFET
Amendment 213 #

2021/2245(INI)

Motion for a resolution
Paragraph 16 a (new)
16 a. Urges BiH authorities to opt out from new coal generation facilities financed by China that are contrary to the EU directives on state aid and the country's commitments resulting from the Green Agenda;
2022/05/10
Committee: AFET
Amendment 223 #

2021/2245(INI)

Motion for a resolution
Paragraph 17
17. Calls for urgent action to tackle widespread selective justice, state capture, nepotism, cronyism, high-level corruption and criminal infiltration; reiterates the urgent need for judicial reform across BiH to improve the professionalism and integrity of the judiciary; notably calls for strengthening of the monitoring of performances of judiciary actors and the improvement of corruption monitoring mechanisms;
2022/05/10
Committee: AFET
Amendment 227 #

2021/2245(INI)

Motion for a resolution
Paragraph 17 a (new)
17 a. Reiterates the need to investigate political and administrative links to organised crime and to effectively prosecute high-profile corruption cases;
2022/05/10
Committee: AFET
Amendment 229 #

2021/2245(INI)

Motion for a resolution
Paragraph 18
18. Recalls the need to update laws and align with the EU on anti-money laundering and countering the financing of terrorism, and to establish an asset recovery office; financing of political parties, and protection of whistleblowers;
2022/05/10
Committee: AFET
Amendment 235 #

2021/2245(INI)

Motion for a resolution
Paragraph 20
20. Underlines the poor cooperation of BiH’s law enforcement agencies and their failure to effectively collaborate with Europol, Eurojust and the European Public Prosecutor’s Office; welcomes bilateral efforts supported by Europol and Eurojust aimed at dismantling people smuggltrafficking networks;
2022/05/10
Committee: AFET
Amendment 243 #

2021/2245(INI)

Motion for a resolution
Paragraph 21
21. Deplores the continuing failure to safeguard media freedom and pluralism; insists on eliminating political interference and protecting journalists from intimidation with systematic judicial follow-upthe safety of journalists with systematic and efficient prosecution; calls on the authorities to take immediate and effective investigative steps in a timely manner; calls on the authorities to assign a special layer of protection to journalists in the criminal codes;
2022/05/10
Committee: AFET
Amendment 251 #

2021/2245(INI)

Motion for a resolution
Paragraph 22
22. Deplores threats from the authorities against civil society; condemns growing restrictions on freedom of expression in theand freedom of assembly in BiH, notably in Republika Srpska entity;
2022/05/10
Committee: AFET
Amendment 255 #

2021/2245(INI)

Motion for a resolution
Paragraph 22 a (new)
22 a. Stresses the need to ensure the participation of citizens in the democratic life of the country through effective, meaningful and inclusive involvement of civil society organisations in the EU integration process; calls on authorities to ensure an enabling environment for civil society upholding international standards; calls on the authorities to develop and implement a strategic framework of cooperation with civil society and to guarantee an inclusive policy dialogue;
2022/05/10
Committee: AFET
Amendment 260 #

2021/2245(INI)

Motion for a resolution
Paragraph 23
23. Calls on the Commission to refocus IPA III support to in-country democratic forces, institutions and procedures and to civil society organisations;
2022/05/10
Committee: AFET
Amendment 262 #
2022/05/10
Committee: AFET
Amendment 265 #

2021/2245(INI)

Motion for a resolution
Paragraph 24
24. Stresses the need to safeguard the rights of minorities and inclusion of vulnerable populations; calls for stronger country-wide human rights and anti- discrimination strategies and the implementation of an independent body to deal with human rights violations and issues; urges the prevention and proactive prosecution of hate crimes, hate speech and disinformation as well as gender-based and sexual violence;
2022/05/10
Committee: AFET
Amendment 268 #

2021/2245(INI)

24 a. Calls for the amendment of the criminal codes in the Federation of BiH and Brčko District to expand provisions on incitement to hatred and violence so that they include sexual orientation, gender identity and sex characteristics as protected grounds;
2022/05/10
Committee: AFET
Amendment 271 #

2021/2245(INI)

Motion for a resolution
Paragraph 24 b (new)
24 b. Is concerned by the level of gender-based violence, for which the institutional response needs to be improved and at abuses against women rights defenders; expects Bosnia and Herzegovina to accelerate the prosecution of crimes of sexual violence and provide reparation to women victims of war crimes; underlines the importance to provide reparation, access to specialised support services, legal aid and safe accommodation to women survivors of war crimes;
2022/05/10
Committee: AFET
Amendment 272 #

2021/2245(INI)

Motion for a resolution
Paragraph 24 c (new)
24 c. Recalls the need for specific earmarked funding on gender equality in all EU external financial instruments, and for reduced administrative constraints to allow access to funding for local and small civil society organisations (CSOs) and especially women civil society organisations (WCSOs);
2022/05/10
Committee: AFET
Amendment 275 #

2021/2245(INI)

Motion for a resolution
Paragraph 24 d (new)
24 d. Calls for the need to introduce legislation to protect LGBTI+ and for the prosecution of violence and hate crimes against them, as well as for promotimg their social inclusion and adopt a relevant action plan;
2022/05/10
Committee: AFET
Amendment 277 #

2021/2245(INI)

Motion for a resolution
Paragraph 24 e (new)
24 e. Calls for the adoption of the Action Plan for Equality of LGBTI Persons in Bosnia and Herzegovina 2021- 2023, which has been stalled since 2020;
2022/05/10
Committee: AFET
Amendment 279 #

2021/2245(INI)

Motion for a resolution
Paragraph 24 f (new)
24 f. Welcomes the conclusion of the Intersectoral Working Group on same-sex rights and partnership, which officially recommended a law on same-sex partnership to be drafted; calls on the government to bring this to the government session without delay;
2022/05/10
Committee: AFET
Amendment 282 #

2021/2245(INI)

Motion for a resolution
Paragraph 24 g (new)
24 g. Welcomes the fact that the Government of the Canton of Sarajevo covered the security costs of the 2021Sarajevo Pride; calls for the amendment and harmonization of laws regulating freedom of assembly to come in line with international and EU standards;
2022/05/10
Committee: AFET
Amendment 287 #

2021/2245(INI)

Motion for a resolution
Paragraph 24 h (new)
24 h. Stresses the need to duly prevent discrimination of Roma and other ethnic minorities, to improve access to healthcare, education, labour market and to develop and implement strategies on social inclusion;
2022/05/10
Committee: AFET
Amendment 290 #

2021/2245(INI)

Motion for a resolution
Paragraph 24 i (new)
24 i. Demands BiH to develop and adopt a new action plan on child protection;
2022/05/10
Committee: AFET
Amendment 292 #

2021/2245(INI)

Motion for a resolution
Paragraph 24 j (new)
24 j. Stresses that the strengthening of the welfare state in BiH is an important condition for social cohesion;
2022/05/10
Committee: AFET
Amendment 298 #

2021/2245(INI)

Motion for a resolution
Paragraph 25
25. Reiterates its call to urgently end segregation and discrimination in education, including by implementing court rulings to end the discriminatory illegal practice of ‘two schools under one roof; stresses the need to invest more in the education sector – from pre-school to higher education in order to achieve better and equal opportunities for all including vulnerable groups;
2022/05/10
Committee: AFET
Amendment 300 #

2021/2245(INI)

Motion for a resolution
Paragraph 25 a (new)
25 a. Welcomes the continued participation of BiH thanks to IPA support to the Erasmus+, Creative Europe and Europe for Citizens Programmes; stresses that educational and cultural exchanges and joint projects are an essential part of bringing the citizens of BiH and of the EU closer;
2022/05/10
Committee: AFET
Amendment 303 #

2021/2245(INI)

Motion for a resolution
Paragraph 25 b (new)
25 b. Urges BiH authorities to address the increasing youth unemployment rate, and to concentrate resources and leverage to ensure a future for BiH young people in their country:
2022/05/10
Committee: AFET
Amendment 304 #

2021/2245(INI)

Motion for a resolution
Paragraph 25 c (new)
25 c. Calls on the authorities to foster the social dialogue among social partners on all socio-economic matters and to strengthen the role of trade unions bargaining for collective agreements;
2022/05/10
Committee: AFET
Amendment 307 #

2021/2245(INI)

Motion for a resolution
Paragraph 26
26. Deplores the failure of authorities to address the severe migration-related humanitarian crisis at the border of Croatia and BiH; recalls the need for solidarityhuman rights-based solutions on migration and asylum, ensuring adequate humanitarian assistance and appropriate reception capacities across the country; welcomes the opening of the EU-funded centre in Lipa, especially also medical assistance and vaccination strategies, and appropriate reception capacities across the country; recalls the need for the establishment of accessible and efficient asylum system in the country as well as a full range of integration services for asylum seekers; reiterates its serious concerns over the rights of people in transit in BiH; expresses deep concerns about pushbacks of refugees to Serbia and Montenegro, as well as the limitation of their movement and limitation of public transport inside the country; underlines that the “externalisation” of EU border management and migration control to BiH authorities is of concern in light of violations of human rights standards; states that it is the EU’s duty to conduct a humane and migration approach, that aims at protecting the fundamental rights of persons in need of international protection in countries of transit such as BiH;
2022/05/10
Committee: AFET
Amendment 311 #

2021/2245(INI)

Motion for a resolution
Paragraph 26 a (new)
26 a. Condemns the closure of Miral camp on 28 April and that people who were living there were forcibly moved to Lipa camp which is far away from any infrastructural accessibility;
2022/05/10
Committee: AFET
Amendment 312 #

2021/2245(INI)

Motion for a resolution
Paragraph 26 b (new)
26 b. Condemns the eviction of squats by the police by force on 28 April which happened when people were sleeping; condemns that people were moved to Lipa camp;
2022/05/10
Committee: AFET
Amendment 330 #

2021/2245(INI)

Motion for a resolution
Paragraph 28
28. Calls for the EU to take concrete steps to integrate the Western Balkans and BiH within a broader strategic and security context, also in view of the Russian aggression against Ukraine, disinformation and malign interference destabilising the country and region; stresses the need for the EU to boost its proactive strategic communication to counter attempts at diminishing the EU’s credibility and actions in the region and jeopardizing the country’s unity;
2022/05/10
Committee: AFET
Amendment 332 #

2021/2245(INI)

Motion for a resolution
Paragraph 28 a (new)
28 a. Underlines the need for EU to boost assistance and technical expertise to BiH for the protection and securitization of its cyber domain;
2022/05/10
Committee: AFET
Amendment 335 #

2021/2245(INI)

Motion for a resolution
Paragraph 28 b (new)
28 b. Urges the EU to assist BiH in increasing its green energy security amid the ongoing war in Ukraine and the precariousness of the energy prices;
2022/05/10
Committee: AFET
Amendment 338 #

2021/2245(INI)

Motion for a resolution
Paragraph 29
29. Welcomes EU-funded efforts to boost demining and the disposal of weapons, ammunition and explosives; underlines that BiH officially aligns itself with the criteria and principles of the Common Position on Arms Export and is a State Party to most disarmament, non- proliferation and arms control treaties;
2022/05/10
Committee: AFET
Amendment 1 #

2021/2185(INI)

Draft opinion
Paragraph 1
1. Recalls that competition policy is vital to strengthening and ultimately completing the single market in that it provides a fair and level playing field for all market participants - with special attention to micro-, small- and medium- sized enterprises (SMEs) -, prevents the distortion of competition, enables the growth of innovative businesses and guarantees a high level of consumer protection and choicelower prices, better quality and more choice between suppliers and products;
2022/01/13
Committee: IMCO
Amendment 6 #

2021/2185(INI)

Draft opinion
Paragraph 1 a (new)
1 a. Underlines that competition rules and sustainability policies work together and welcomes the Commission's approach according to which state aid, antitrust enforcement as well as merger control must contribute to the green transition and to the European Green Deal objectives;
2022/01/13
Committee: IMCO
Amendment 11 #

2021/2185(INI)

Draft opinion
Paragraph 2
2. Recalls that services represent the largest economic activity in the EU in terms of gross added value and that the single market for services lags well behind the single market for goods; highlights the need to address the remaining obstacleunjustified barriers to the development of the single market for services, including through the enforcement of competition rules;
2022/01/13
Committee: IMCO
Amendment 13 #

2021/2185(INI)

Draft opinion
Paragraph 2 a (new)
2 a. Reiterates its call on the Commission to come forth with adequate measures to eliminate Territorial Supply Constraints (TSCs) in view of a fully functioning single market, as TSCs are clearly hampering the development of the single market and its potential benefit to consumers; repeats that TSCs can materialise through different practices such as: refusing to supply, threatening to stop supplying a particular distributor, limiting the quantities available for sale, unexplained differentiation of product ranges and prices between EU Member States or limiting language options for the product packaging;
2022/01/13
Committee: IMCO
Amendment 17 #

2021/2185(INI)

Draft opinion
Paragraph 2 b (new)
2 b. Recalls its previous call on the Commission to monitor and remove unjustified geo-blocking and other barriers on cross-border online sales that persist as identified in the first short-term review of the Geo-blocking Regulation1a; _________________ 1a Regulation (EU) 2018/302 of the European Parliament and of the Council of 28 February 2018 on addressing unjustified geo-blocking and other forms of discrimination based on customers' nationality, place of residence or place of establishment within the internal market (OJ L 60I , 2.3.2018, p. 1)
2022/01/13
Committee: IMCO
Amendment 24 #

2021/2185(INI)

Draft opinion
Paragraph 3
3. Recalls that ensuring the efficient regulation of digital markets constitutes a core responsibility of the Committee on the Internal Market and Consumer Protection (IMCO); highlights, in this context, the adoption of IMCO’s report on the Digital Markets Act (DMA) and notes that ex ante regulatory intervention aims to address the gaps in ex post competition law enforcement; highlights that competition policy rules are also tools for reaching a high level consumer protection, therefore consumer rights must be preserved and if possible strengthened both online and offline;
2022/01/13
Committee: IMCO
Amendment 25 #

2021/2185(INI)

Draft opinion
Paragraph 3 a (new)
3 a. Recalls that data is a source of considerable economic power and leverage and therefore beside the competition law enforcement, fair tax treatment between undertakings is also essential for keeping the integrity of the internal market;
2022/01/13
Committee: IMCO
Amendment 29 #

2021/2185(INI)

Draft opinion
Paragraph 4
4. Underlines that current merger control rules are not fit for dealing with so-called ‘killer acquisitions’ by dominant players in digital markets; 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;Recalls that, in order to fight effectively against anti-competitive practices, killer acquisitions must be also taken into account; welcomes the Commission’s Guidance on the application of the referral mechanism set out in Article 22 of the Merger Regulation to certain categories of cases2awhich aims to close the loophole related to killer acquisitions in merger control; stresses the fact that ‘killer acquisitions’ may also affect the contestability and fairness of the digital single market and underline that merger control should be assessed by the rules of the Merger Regulation, whilst DMA should rein the dominance of big online players; _________________ 2a OJ C 113, 31.3.2021, p. 1
2022/01/13
Committee: IMCO
Amendment 43 #

2021/2185(INI)

Draft opinion
Paragraph 6
6. Notes that the Commission is currently working on its proposal to better adapt 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 concerns regarding 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; _________________ 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.
2022/01/13
Committee: IMCO
Amendment 50 #

2021/2185(INI)

Draft opinion
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; welcomnotes 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;
2022/01/13
Committee: IMCO
Amendment 54 #

2021/2185(INI)

Draft opinion
Paragraph 7 a (new)
7 a. Welcomes the Commission's efforts in monitoring and assisting Member States in their efforts in incorporating the ECN+ Directive1a into national law and urges the Commission to further strengthen the role of the European Consumers Centres Networks (ECC-Net); reiterates its call on the Commission to conduct a study on whether an EU consumers authority is needed; _________________ 1a Directive (EU) 2019/1 of the European Parliament and of the Council of 11 December 2018 to empower the competition authorities of the Member States to be more effective enforcers and to ensure the proper functioning of the internal market (OJ L 11, 14.1.2019, p. 3)
2022/01/13
Committee: IMCO
Amendment 63 #

2021/2185(INI)

Draft opinion
Paragraph 8
8. Calls on the Commission to adapt competition rules and ensure their enforcement in the energy sector to facilitate the creation of industrial giants capable of competing in global marketsReiterates that competition rules should also facilitate the achievement of the objectives of the Energy Union 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 significant part of the increase in the inflation rate;
2022/01/13
Committee: IMCO
Amendment 70 #

2021/2185(INI)

Draft opinion
Paragraph 9
9. Highlights the importance of tackling foreign subsidies that are distorting the EU’s internal market and welcomes the proposed regulation on foreign subsidies, which is relevant in cases where, for example, a subsidised company intends to participate in EU public procurement procedures.; underlines that third-country companies benefitting from State aid or other subsidies might potentially distort competition in the internal market as well as weaken the service level and consumer protection standards also in the internal market; in this regard, calls on the Commission to take appropriate measures to ensure fair market access and level playing field, in every concerned sector, such as aviation;
2022/01/13
Committee: IMCO
Amendment 92 #

2021/2183(INI)

Motion for a resolution
Paragraph 3
3. Welcomes the launch of the work on the Strategic Compass, which should be completed in March 2022; stresses that it is a beginning, not an end, and that it constitutes a major step towards a European Defence Union which takes into account the specific constitutional situation of some member states;
2021/10/29
Committee: AFET
Amendment 439 #

2021/2183(INI)

Motion for a resolution
Paragraph 33
33. WelcomNotes the progress made in connection with the European Defence Industrial Development Plan (EDIDP) and the Preparatory Action on Defence Research (PADR); calls on the Commission to draw useful lessons from this for the European Defence Fund (EDF), with the aim of achieving operational results; welcomNotes the adoption of the EDF Regulation and the clear rules it sets out;
2021/10/29
Committee: AFET
Amendment 453 #

2021/2183(INI)

Motion for a resolution
Paragraph 34
34. LamentRecognises the reduction in the amount of the EDF under the MFF, which makencourages coherence between Union defence initiatives even more necessary; stresses, in this regard, the role of the European Defence Agency (EDA);
2021/10/29
Committee: AFET
Amendment 329 #

2021/2182(INI)

Motion for a resolution
Paragraph 22
22. Reiterates its call for accelerating the enlargement process, with a focusand for opening of the accession negotiations with Albania and North Macedonia without further delay; calls to refrain from jeopardizing the integrity and credibility of the process; emphasizing that the enlargement process should be based on strengthening democracy, the rule of law, and human rights, as well as fostering reconciliation in the Western Balkans, as prerequisites for durable stability and prosperity;
2021/10/28
Committee: AFET
Amendment 186 #

2021/2058(INI)

Motion for a resolution
Paragraph 42 a (new)
42a. Calls on the Member States to take into account European Green Deal objectives when constructing, extending and renovating sports facilities, in particular winter sports facilities, following sustainable and environmentally friendly procedures and using renewable and ecological materials, so as to counter the effects of climate change;
2021/09/14
Committee: CULT
Amendment 1 #

2021/2043(INI)

Motion for a resolution
Citation 1 a (new)
— having regard to Article 3 of the Treaty on European Union,
2021/09/08
Committee: IMCO
Amendment 4 #

2021/2043(INI)

Motion for a resolution
Citation 9 a (new)
— having regard to the Commission staff working document of 08 September 2020 entitled ‘Evaluation of the Vertical Block Exemption Regulation’ (SWD(2020) 172 final),
2021/09/08
Committee: IMCO
Amendment 5 #

2021/2043(INI)

Motion for a resolution
Citation 9 b (new)
— having regard to the study of July 2020 by the European Commission Directorate-General for Internal Market, Industry, Entrepreneurship and SMEs entitled ‘Territorial supply constraints in the EU retail sector’,
2021/09/08
Committee: IMCO
Amendment 6 #

2021/2043(INI)

Motion for a resolution
Citation 9 c (new)
— having regard to the study of February 2018 by the Benelux Union entitled ‘Territorial Supply Constraints in the Retail Trade in Belgium, The Netherlands and Luxembourg’,
2021/09/08
Committee: IMCO
Amendment 9 #

2021/2043(INI)

Motion for a resolution
Recital A
A. whereas trade within the single market accounts for 56 million European jobs and the estimated economic benefits range between 8 and 9 % of EU GDP3 ; _________________ 3deleted COM(2020) 94 final.
2021/09/08
Committee: IMCO
Amendment 12 #

2021/2043(INI)

Motion for a resolution
Recital B
B. whereas any assessment of the barriers to the single market should be based on the experiences and perceptions of businesses and consumers who engage to some degree with the single market every day as well as on the purpose of the existing rules; whereas single market barriers disproportionately affect SMEs and microenterprises, and hinder their cross- border activities;
2021/09/08
Committee: IMCO
Amendment 18 #

2021/2043(INI)

Motion for a resolution
Recital C
C. whereas many barriers affecting the single market derive from incorrect or incomplete application of EU legislation or from unilateral political decisions with direct or indirect impact on intra-EU movement of goods and services taken by Member States;
2021/09/08
Committee: IMCO
Amendment 26 #

2021/2043(INI)

Motion for a resolution
Recital D
D. whereas insufficient or incorrect implementation and lack of enforcement have damaging consequencenegative effects both at EU and national level for citizens and businesses;
2021/09/08
Committee: IMCO
Amendment 28 #

2021/2043(INI)

E. whereas the current Commission has not yet come forward with a comprehensive legislative package addressing failures in the exercise of the core freedoms of the single market beyond enforcement, other than digital initiativeselaboration and implementation of internal market legislation must always ensure the proper involvement of social partners and civil society organisations, thereby promoting fair and rules-based markets, where high social and environmental standards, quality goods and services and fair competition constitute paramount considerations; whereas the Commission has prioritised the need for a better enforcement of existing single market legislation next to a number of digital and green initiatives paving the way for the twin-transition; whereas the Parliament and the Council failed to adopt the core initiativerejected some of the proposals of the 2016 Services Package;
2021/09/08
Committee: IMCO
Amendment 39 #

2021/2043(INI)

Motion for a resolution
Recital G a (new)
G a. whereas for the single market framework it is vital to correctly balance economic freedoms, social rights, the interests of consumers, workers and businesses as well as the general interest;
2021/09/08
Committee: IMCO
Amendment 51 #

2021/2043(INI)

Motion for a resolution
Paragraph 1
1. Welcomes the Single Market Governance Package of March 2020, which aims to improve the implementation and enforcement of European legislation; considers that it is only a partial answer to theas well that there are still remaining legislative and law enforcement deficiencies hampering the proper functioning of the commonsingle market;
2021/09/08
Committee: IMCO
Amendment 54 #

2021/2043(INI)

Motion for a resolution
Paragraph 2
2. Underlines that the single market remains the European Union’s greatest achievement; urges the Commission, therefore, to refocus resources at issues plaguing the single market, in particular unjustified non-tariff barriers (NTBs), which continue to limit opportunities for consumers, workers and businesses; acknowledges that stronger monitoring also by the Member States, and increased political emphasis on the single market are likely to be needed to effectively remove such barriers and in order to further deepen the single market integration;
2021/09/08
Committee: IMCO
Amendment 56 #

2021/2043(INI)

Motion for a resolution
Paragraph 2
2. Underlines that the single market remains the European Union’sone of the greatest achievements of the European Union; urges the Commission, therefore, to refocus resources at issues plaguing the single market, in particular unjustified non-tariff barriers (NTBs), which prevent the realisation of the single market's full economic potential and continue to limit opportunities for consumers, workers and businesses;
2021/09/08
Committee: IMCO
Amendment 65 #

2021/2043(INI)

Motion for a resolution
Paragraph 3
3. Underlines that the achievement of the objectives in the Green Deal and European digital agendas is also based on the effective functioning of the single market, which is a key enabler of market efficiency and innovation and one of several tools for modernising European economies; believes, therefore, that the single market’s shortcomings deserve at least the same level of attention as the Green Deal and the European digital agenda; underlines that European policies should also cope with the rules of the single market and must respect principles such as "what is illegal offline should be illegal online"; reaffirms its own commitment to developing and safeguarding a robust, consumer- and business-friendly internal market;
2021/09/08
Committee: IMCO
Amendment 69 #

2021/2043(INI)

Motion for a resolution
Paragraph 4
4. Regrets that overlooked NTBs underminesome NTBs might impede upon the EU’s industrial strategy goals, especially reshoring of production and strengthening the resilience of the European economy;
2021/09/08
Committee: IMCO
Amendment 73 #

2021/2043(INI)

Motion for a resolution
Paragraph 5
5. Acknowledges that certainsome non- discriminatory NTBs canmight be justified and originate from multi- level governance; urges the Member States, where such NTBs are absolutely essential, to ensure their proportionality and strict alignment with legitimate public policy objectives such as the protection of workers, consumers, public health, the environment, public services and the general interest;
2021/09/08
Committee: IMCO
Amendment 79 #

2021/2043(INI)

Motion for a resolution
Paragraph 6 – introductory part
6. Points out that the Commission and stakeholders have identified a group of key barriers to cross-border activities, among st othemrs:
2021/09/08
Committee: IMCO
Amendment 82 #

2021/2043(INI)

Motion for a resolution
Paragraph 6 – point a
a) regulatory disparities and inconsistent implementation or enforcement of EU law, which force companies to commit resources to the laborious process of analysing provisions that are harmonised at EU level, diverting investments away from activities that create jobs or support growthmake cross-border exchanges more complicated;
2021/09/08
Committee: IMCO
Amendment 88 #

2021/2043(INI)

Motion for a resolution
Paragraph 6 – point b
b) burdensome and complex administrative requirements, and inaccessible information and limited lines of communication with public administration, including through points of single contact, which also limit the possibilities for new or competing services in new locations that would improve consumer choicegrant more possible choices for consumer;
2021/09/08
Committee: IMCO
Amendment 89 #

2021/2043(INI)

Motion for a resolution
Paragraph 6 – point b a (new)
b a) Territorial Supply Constraints (TSCs) which are clearly hampering the development of the single market and its potential benefit to consumers;
2021/09/08
Committee: IMCO
Amendment 92 #

2021/2043(INI)

c) additional technical requirements adopted at the national level and implemented beyond the requirements set by European law (gold-plating);deleted
2021/09/08
Committee: IMCO
Amendment 94 #

2021/2043(INI)

Motion for a resolution
Paragraph 6 – point d
d) a lack of harmonised technical standards increasing the compliance cost for companies operating cross-border;
2021/09/08
Committee: IMCO
Amendment 105 #

2021/2043(INI)

Motion for a resolution
Paragraph 7
7. Emphasises that the NTBs severelymay also impact the services sector and thereby other segments of the economy underpinned by the services sector; highlights that in its report, the Commission was able toclaims to have identifyied 24 specific restrictions across 13 sectors which breach rules established by the Services Directive, including some which are discriminatory or are requirements on establishment or nationality4 ; _________________ 4 Directorate-General for Internal Market, Industry, Entrepreneurship and SMEs, Mapping and assessment of legal and administrative barriers in the services sector, summary report, Brussels, April 2021.
2021/09/08
Committee: IMCO
Amendment 114 #

2021/2043(INI)

Motion for a resolution
Paragraph 8
8. Recalls that a considerable number of problems with the cross-border provision of services stem from administrative practices introduced by the country of destinationand linguistic barriers of the different Member States, and not from incompatibility with EU law;
2021/09/08
Committee: IMCO
Amendment 116 #

2021/2043(INI)

Motion for a resolution
Paragraph 9
9. Recognises the insufficient use of the notification procedure under the Services Directive; calls on the Commission to reflect on improving this framework, possibly by means of a new initiative which would increase clarity and transparency on the measures that need to be notified, while remaining cautious in order to not undermine the Services Directive and avoiding the situation which led to the withdrawal of the previous proposal;
2021/09/08
Committee: IMCO
Amendment 121 #

2021/2043(INI)

Motion for a resolution
Paragraph 9 a (new)
9 a. Agrees with the assessment of the European Commission that several provisions of the Hungarian Law of 15 June 2021 on 'Taking more severe action against paedophile offenders and amending certain Acts for the protection of children' are at risk of violating several provisions of EU law, in particular Articles 34 and 56 TFEU, the Audio- Visual Media Services Directive and the e-commerce Directive as well as the EU Charter of Fundamental Rights; finds unacceptable any state-sponsored LGBTIQ-phobia, as it paves the ground for political censorship and highlights that such provisions also prevent consumers from benefitting from the achievements of the single market, therefore, must be considered also as a non-tariff barrier as it prevents goods producers and service providers from delivering the same goods and services equally to all EU customers;
2021/09/08
Committee: IMCO
Amendment 123 #

2021/2043(INI)

Motion for a resolution
Paragraph 10
10. Stresses that barrTakes note of the assessment of the Commission that cross-border activitiers also derive frommight be reduced due to limited national administration capabilities to provide services in other languages, and from shortages of skillsrelevant training and infrastructure;
2021/09/08
Committee: IMCO
Amendment 128 #

2021/2043(INI)

Motion for a resolution
Paragraph 11 a (new)
11 a. Underlines the existence of the anti-competitive effect of persistent territorial supply constraints (TSCs) which can materialise through different practices such as refusing to supply or threatening to stop supplying a particular distributor, limiting the quantities available for sale, inexplicable differences in product ranges and prices between Member States, or limiting language options for product packaging; underlines that TSCs are hampering the development of the single market and its potential benefits to consumers; calls on the Commission to come forth with adequate measures to eliminate TSCs and thereby reduce barriers to cross-border trade in view to achieve a fully functioning single market;
2021/09/08
Committee: IMCO
Amendment 133 #

2021/2043(INI)

Motion for a resolution
Paragraph 12
12. Considers that mutual recognition of professional qualification is seriously affected by administrative barriers imposed by Member States; Welcomes again the fact that the harmonisation of qualifications through mutual recognition has already been successful in relation to several professions, but still stresses the need to improve the comparability of levels of professional qualifications; recalls the specific status that regulated professions have within the single market and their role in protecting the public interest, but also underlines that this specific status should not be used to maintain unjustified barriers resulting in the fragmentation of the single market;
2021/09/08
Committee: IMCO
Amendment 144 #

2021/2043(INI)

Motion for a resolution
Paragraph 13
13. Is concerned by the insufficient access to information on labour mobility of services, as well as by the burdensome procedures to obtain essential documents such as the A1 form; underlines that access to information, such as on minimum wages and domestic collective agreements where applicable and relevant, should be improved to facilitate information for workers and compliance for businesses;
2021/09/08
Committee: IMCO
Amendment 165 #

2021/2043(INI)

Motion for a resolution
Paragraph 17
17. StresseRecalls that the international road haulage sector is subject to a number of NTBs restricting access to national markets, which limit its competitiveness, discriminate against transport companies from certain Member States and increase emissions; calls on Commission and Member States to abolish unnecessary restrictions on cabotage, and calls for the opening of the freight and passenger transport services sector within the EU;
2021/09/08
Committee: IMCO
Amendment 174 #

2021/2043(INI)

Motion for a resolution
Paragraph 18
18. Welcomes in principle the Single Market Enforcement Taskforce (SMET), which aims to assess compliance of national law with single market rules and to prioritise the most pressing barriers; points out that the SMET should not just identify problems, but also provide pose possible solutions;
2021/09/08
Committee: IMCO
Amendment 177 #

2021/2043(INI)

Motion for a resolution
Paragraph 19
19. Recalls that so far the Commission’s plan to step up enforcement of EU law by means of the SMET has only delivered limited results; calls on the Commission to improve the transparency of the SMET and present in due time concrete outcomes of the work of SMET, including information on barriers that have been abolished as a result of its actions;
2021/09/08
Committee: IMCO
Amendment 182 #

2021/2043(INI)

Motion for a resolution
Paragraph 20
20. Calls on the Commission to present an annual report on NTBs and establish an opeto expand the existing Single Market Scoreboard in and transparent database compiling specific national NTBs together with ongoing infringement proceduresmanner, to list the infringement procedures and the national regulations suspected to contravene EU law;
2021/09/08
Committee: IMCO
Amendment 186 #

2021/2043(INI)

Motion for a resolution
Paragraph 21
21. Calls on the Commission and the Member States to consistently, speedily and rigorously assess whether national rules hinder the internal market, and where they do, to assess if they are necessary, proportional and justified; recalls that economic freedoms cannot be put on an equal footing with fundamental rights, but rather represent just one of many factors to consider in this assessment;
2021/09/08
Committee: IMCO
Amendment 202 #

2021/2043(INI)

Motion for a resolution
Paragraph 24
24. Stresses the importance of monitoring, and therefore welcomes the Single Market Scoreboard as a performance monitoring tool; emphasises the need for a recurring debate on the outcomes of the Scoreboard at the highest political levels, ensuring political commitment to tackling the obstacles identified, not only from a business perspective, but also with regard to the challenges experienced by workers, consumers and citizens, taking due account of social and environmental policy considerations;
2021/09/08
Committee: IMCO
Amendment 217 #

2021/2043(INI)

Motion for a resolution
Paragraph 27
27. Calls on the Commission and Member States to proactively use the lessons learned and to develop a response plan for emergencies, which should aim to safeguard as far as possible the free movement of workers, services and goods;
2021/09/08
Committee: IMCO
Amendment 42 #

2021/2002(INI)

Motion for a resolution
Paragraph 3
3. Notes that the rule of law and the fight against corruption and organised crime are the crucial areas in which the Western Balkan countries need to show more progress on their EU path; regrets the fact that Montenegro and Serbia have not shown more progress in these areas, even though they have been officially negotiating their membership since 2012 and 2014 respectively; calls for the EU to promote, as a priority of enlargement policy, the correct transposition of relevant international instruments targeting corruption and organised crime and their implementation;
2021/09/08
Committee: AFET
Amendment 71 #

2021/2002(INI)

Motion for a resolution
Paragraph 8
8. Notes with concern that political discourse in the Western Balkans is filled with unresolved accusations of links between high-level political figures and organised crime groups, while the judicial system is ineffective at addressing these claims; Reiterates the need to eradicate political and administrative links to organised crime through clear anti- corruption safeguards and effective prosecution of high-profile corruption cases; calls for the EU to increase support for the consolidation of merit-based public administrations;
2021/09/08
Committee: AFET
Amendment 91 #

2021/2002(INI)

Motion for a resolution
Paragraph 12
12. Notes that the Western Balkan countries serve as a transit corridor for migrants and refugees and that the large population movements in recent years have posed an enormous challenge to the region in fightaddressing the smuggling of migrants; calls for greater exchange of information and enhanced coordination between countries of the Western Balkans, and encourages the EU and its Member States to provide more assistance in addressing these issues through, inter alia, the Joint Operational Office and the Operational Platform – Eastern Mediterranean Route;
2021/09/08
Committee: AFET
Amendment 116 #

2021/2002(INI)

Motion for a resolution
Paragraph 16 a (new)
16a. Notes that aside from the topics mentioned above, Western Balkan countries have to increase their efforts to counter other illegal activities carried out by organised crime groups, which include among others labour exploitation, human trafficking, environmental crime like illegal logging and poaching and extortion.
2021/09/08
Committee: AFET
Amendment 154 #

2021/2002(INI)

Motion for a resolution
Paragraph 23
23. Underlines the crucial role of civil society organisations (CSO) in monitoring the work of governments and assessing track records in fighting organised crime; notes that legal and institutional frameworks for CSO participation are largely in place in the Western Balkan countries but regrets that their potential is not being used to the full extent; while in some cases the CSOs focusing on corruption and organised crime, in addition to the lack of cooperation, are facing outright hospitality from their governments;
2021/09/08
Committee: AFET
Amendment 156 #

2021/2002(INI)

Motion for a resolution
Paragraph 23 a (new)
23a. Commends the important role CSOs often play in preventive work, in support of vulnerable groups, in policy formulation and in taking on an oversight role when there is a lack of independent public bodies. Is therefore concerned about smear campaigns, pressure and intimidations efforts, which accelerates the shrinking space for CSOs to operate;
2021/09/08
Committee: AFET
Amendment 157 #

2021/2002(INI)

Motion for a resolution
Paragraph 23 b (new)
23b. Notes that many CSOs depend on private funding and face difficulties in raising enough funds to sustain their activities. Recognises that grants are often given to short-term projects, which focus on bigger cities and that there is little support for activities against organised crime.
2021/09/08
Committee: AFET
Amendment 158 #

2021/2002(INI)

Motion for a resolution
Paragraph 23 c (new)
23c. Recognises that short term funding leads to staff being hired only for project-specific purposes, which leads to a lack of stable employment standards and provides little space for staff to develop core skills and therefore long-term strategic planning is suffering.
2021/09/08
Committee: AFET
Amendment 159 #

2021/2002(INI)

Motion for a resolution
Paragraph 23 d (new)
23d. Encourages CSOs in the Western Balkans to establish stronger networks among civil society actors, to identify local counterparts who work on similar issues, on how to establish a knowledge-sharing process, and to contemplate on how to improve resilience.
2021/09/08
Committee: AFET
Amendment 162 #

2021/2002(INI)

Motion for a resolution
Paragraph 24
24. Commends the work of investigative journalists reporting on high- profile cases and disclosing links between organised criminal groups, politicians and businesses; notes with concern that in the most prominent cases, hate speech and slandering campaigns are coming from the state officials, MPs and media owned or partially financed by the state. strongly condemns intimidation, hate speech and slandering campaigns against investigative journalists and civil society; calls on the authorities to ensure their protection; reiterates its call on the Commission and the EEAS to strengthen their cooperation with and support for civil society, NGOs and independent media on the ground;
2021/09/08
Committee: AFET
Amendment 227 #

2021/0420(COD)

Proposal for a regulation
Recital 4
(4) The realisation of the trans- European transport network creates the enabling conditions in terms of infrastructure basis allowing to make all transport modes more sustainable, affordable and inclusive in all regions of the EU, to make sustainable alternatives widely available in a multimodal transport system and to put in place the right incentives to drive the transition, notably by ensuring a fair transition, in line with the objectives presented in the Council Recommendation (EU) […] of […] on ensuring a fair transition towards climate neutrality.
2022/11/16
Committee: TRAN
Amendment 231 #

2021/0420(COD)

Proposal for a regulation
Recital 5
(5) The planning, development and operation of the trans-European transport network should enable sustainable forms of transport, provide for improved multimodal and interoperable transport solutions and for an enhanced intermodal integration of the entire logistic chain, thereby contributing to a smooth functioning of the internal market by creating the arteries that are necessary for smooth passenger and freight transport flows across the Union. In addition, the network should aim at strengthening economic, social and territorial cohesion by ensuring accessibility and connectivity for all regions of the Union, including a better connectivity of the outermost regions and other remote, rural, insular, peripheral and mountainous regions as well as sparsely populated areas. The development of the trans-European transport network should also enable seamless, safe and sustainable mobility of goods and persons in all their diversity, and should contribute to further economic growth and competitiveness in a global perspective, by establishing interconnections and interoperability between national transport networks in a resource-efficient and sustainable way, at same time it contributes to address demographic challenges such as depopulation.
2022/11/16
Committee: TRAN
Amendment 237 #

2021/0420(COD)

Proposal for a regulation
Recital 6
(6) Growth in traffic has resulted in increased congestion in international transport. In order to ensure the international mobility of passengers and goods, the resilience and capacity of the trans-European transport network and the use of that capacity should be optimised and, where necessary, expanded by removing infrastructure bottlenecks and bridging missing infrastructure links within and between Member States and, as appropriate, neighbouring countries, and taking into account the ongoing negotiations with candidate and potential candidate countries.
2022/11/16
Committee: TRAN
Amendment 244 #

2021/0420(COD)

Proposal for a regulation
Recital 8
(8) The trans-European transport network should be developed and sustained through the creation of new smart and sustainable transport infrastructure, through the maintenance and upgrading of existing infrastructure and through measures promoting its resource- efficient use and resilience.
2022/11/16
Committee: TRAN
Amendment 245 #

2021/0420(COD)

Proposal for a regulation
Recital 8 a (new)
(8a) Regional and urban railway services are crucial for the European network and for achieving the goals of the Green Deal as 80-90% of the Passengers are travelling on these services.;
2022/11/16
Committee: TRAN
Amendment 254 #

2021/0420(COD)

Proposal for a regulation
Recital 10
(10) In order to achieve a high-quality and efficient transport infrastructure across all modes, the development of the trans- European transport network should take into account the security and safety of passengers and freight movements, the contribution to climate change and the impact of climate change and of potential natural hazards and human-made disasters on infrastructure and accessibility for all transport users, especially in regions that are particularly affected by the negative impacts of climate change as well geopolitical changes that could cause disruptions in the supply chain.
2022/11/16
Committee: TRAN
Amendment 263 #

2021/0420(COD)

Proposal for a regulation
Recital 13
(13) Given the evolution of the Union infrastructure needs and the decarbonisation goals, the Conclusions of the 2020 July European Council, according to which Union expenditure should be consistent with Paris Agreement objectives and the "do no significant harm" principle, within the meaning of Article 17 of the Taxonomy Regulation17 , projects of common interest should be assessed in order to ensure that TEN-T policy is coherent with transport, environmental and climate policy objectives of the Union. Member States and other project promoters should carry out environmental assessments of plans and projects which should include the “do no significant harm” assessment based on the latest available guidance and best practice. In cases that the implementation of a project of common interest entails a significant harm to an environmental or climate objective, reasonable alternatives should be considered, in particular when the project contribute to ensure accessibility and connectivity for the outermost, remote, rural, island, peripheral and mountainous regions. __________________ 17 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).
2022/11/16
Committee: TRAN
Amendment 293 #

2021/0420(COD)

Proposal for a regulation
Recital 24 a (new)
(24a) Capacity bottlenecks appear in all modes of transport for both passengers and freight traffic hampering the network connectivity and multimodality. Furthermore, the lack of quality of the last mile connections negatively increases bottlenecks urban nodes. Consequently, the TEN-T Regulation needs to urgently address the existing bottlenecks in the TEN-T, particularly in cross-border links, in order to facilitate seamless and efficient transport to better connect people and business across Europe and contribute to the well-functioning of the EU internal market.
2022/11/16
Committee: TRAN
Amendment 294 #

2021/0420(COD)

Proposal for a regulation
Recital 25
(25) Certain existing standards of the core network should be extended to the extended core and comprehensive network in order to reap full network benefits, to increase interoperability between network types and to enable more activity by more sustainable forms of transport, including through higher digitalisation and other technological solutions. The provision of clear and reliable planning for the technical specifications for interoperability (TSI) is of utmost importance for regulatory stability, legal certainty and for unlocking investments in ERTMS.
2022/11/16
Committee: TRAN
Amendment 296 #

2021/0420(COD)

Proposal for a regulation
Recital 25 a (new)
(25a) In the next Multiannual Financial Framework (MMF) 2028-2035, the size of the Connecting Europe Facility III shall reflect the ambitious infrastructure requirements set with this Regulation thereby supporting Member States in a timely implementation. Due to the significance of the implementation of ERTMS for an increase in rail capacity, the level of public funding for ERTMS implementation trackside and on-board should be raised to 100%.
2022/11/16
Committee: TRAN
Amendment 302 #

2021/0420(COD)

Proposal for a regulation
Recital 26 a (new)
(26a) An isolated network for the purposes of this Regulation should mean a rail network of a Member State, or a part thereof, with a track gauge different from that of the European standard nominal track gauge. Imposing certain standards and requirements of this Regulation to such networks, or parts thereof, is not justified in economic cost- benefit terms by virtue of the specificities of such networks arising from their detachment with other networks of a different track gauge.
2022/11/16
Committee: TRAN
Amendment 306 #

2021/0420(COD)

Proposal for a regulation
Recital 27
(27) The land-side infrastructure network, established through the core network, extended core network and comprehensive network, should integrate with the maritime dimension of the trans- European transport network. To this end, a truly sustainable, smart, seamless and resilient European Maritime Space should be created. It should encompass all maritime infrastructure components of the trans-European transport network as well as the services and actions needed to support the mobility of persons and goods with special attention to insular and coastal regions.
2022/11/16
Committee: TRAN
Amendment 317 #

2021/0420(COD)

Proposal for a regulation
Recital 32
(32) In order to establish the trans- European transport network in a coordinated and timely manner, thereby making it possible to maximise network effects, Member States concerned should ensure that appropriate measures are taken to finalise the projects of common interest of the core, the extended core and the comprehensive network by the given deadlines 2030, 2040 and 2050 respectively. To this end, Member States should ensure that there is coherence of the national transport and investment plans with the priorities set out in this Regulation and in the work plans of the European Coordinators. Projects of national plans which are not aligned with the Union transport objectives should not be considered as a priority for receiving Union funds.
2022/11/16
Committee: TRAN
Amendment 333 #

2021/0420(COD)

Proposal for a regulation
Recital 37
(37) In order to contribute to the climate reduction targets of the European Green Deal of a 90% cut in greenhouse gas emissions by 2050, measures to mitigate the greenhouse gas impacts of projects of common interest in the form of new, extended or upgraded transport infrastructures should be analysedtaken into account.
2022/11/16
Committee: TRAN
Amendment 335 #

2021/0420(COD)

Proposal for a regulation
Recital 38
(38) Cooperation with third countries, including neighbouring countries, is necessary in order to ensure connection and interoperability between the infrastructure networks of the Union and those countries. In view of this, where appropriate, the Union should promote projects of common interest with those countries, and also assessing and ensuringe that the objectives and requirements of the trans- European transport network are complied with in order to ensure the interoperability of the Union network and are aligned with the goal of achieving climate neutrality in the EU by 2050 in order to ensure level playing field in transport, in particular by preventing carbon leakage.
2022/11/16
Committee: TRAN
Amendment 343 #

2021/0420(COD)

Proposal for a regulation
Recital 39
(39) To achieve transformation of the transport sector into a truly multimodal system of sustainable and smart mobility services, the Union should build a high quality transport network with rail services meeting minimum operational line speed. Competitive passenger rail has a high potential for the decarbonisation of transport. There is the need to develop a coherent and interoperable European high speed rail network linking its capitals and major cities for which sufficient funding is needed. Complementing existing high speed lines with passenger lines at a minimum operational line speed of 160 km/h should in return lead to network effects, a more coherent network and an increased number of passengers travelling by rail. The completion of a high- performance network will also facilitate the development and introduction of new or different models of capacity allocation, for example interval- service timetables enabled by the Timetable Redesign (TTR) initiative.
2022/11/16
Committee: TRAN
Amendment 363 #

2021/0420(COD)

Proposal for a regulation
Recital 42
(42) ERTMS should be deployed in a continuous and synchronised manner not only on the core network, extended core network and comprehensive network, including in the urban nodes, but also on access routes to multimodal terminals. This will enable operations with ERTMS only and boost the business case of railway undertakings. Under no circumstance should it be possible for a new railway project that is not planning ERTMS deployment to be financed by Union funds.
2022/11/16
Committee: TRAN
Amendment 395 #

2021/0420(COD)

Proposal for a regulation
Recital 45 a (new)
(45a) The digital automatic coupling is an essential component of the ETCS as it increases the efficiency and effectiveness in railways and results in a better utilisation of train paths;
2022/11/16
Committee: TRAN
Amendment 412 #

2021/0420(COD)

Proposal for a regulation
Recital 46 a (new)
(46a) Maritime ports have a strategic role in the logistics supply chain, the diversification of energy supply and storage and consequently, in EU's strategic autonomy. They are also crucial in geopolitical and cohesion terms, something which should be considered in addition to traffic volumes for their identification in the TEN-T network.
2022/11/16
Committee: TRAN
Amendment 420 #

2021/0420(COD)

Proposal for a regulation
Recital 48
(48) Road transport in the Union accounts for three-quarters of the total inland freight transport (based on tonne- kilometres performed) and for around 90% of the total inland passenger transport (based on the total number of passenger kilometres). Given the importance ofNotwithstanding the expected benefits from the Union’s modal shift to other transportation modes, road transport and the commitment to improve road safety in line with the milestone of the Sustainable and Smart Mobility Strategy, remain important and there is a need to enhance the road infrastructure from the safety point of view, as well as to adapt it to sustainability and digitalisation standards ensuring the highest safety standards. The improvement of operational safety throughout the life cycle of vulnerable infrastructure (i.e. tunnels, bridges) is of outmost importance to guarantee quality road infrastructure in the TEN-T. To this aim, other regulations such as the Directive 2004/54 on minimum safety requirements for tunnels in the trans-European road network, must be adapted to the new safety and digitisation standards of the transport sector. Improving safety must also be a priority in the rail sector, in particular in level-crossings where there are significant accidents resulting in hundreds of fatalities and injuries1a . Consequently, level crossings which pose a high safety risk should be identified EU- wide with a view to investing in improving the infrastructure, which should eventually be replaced by bridges and underpasses. __________________ 1a "Safety Overview 2021- Main figures based on CSI data up to 2019", European Union Agency for Railways, March 2021.
2022/11/16
Committee: TRAN
Amendment 426 #

2021/0420(COD)

Proposal for a regulation
Recital 49
(49) The trans-European transport network should ensure efficient multimodality in order to allow better and more sustainable modal choices to be made for passengers and freight and in order to enable large volumes to be consolidated for transfers over long distances. Multimodal terminals should play a key role to meet this objective. Insufficient punctuality has been a major obstacle to making multimodality an attractive option for the transport of freight and passengers. Efficient management of traffic flows as well as the increase in capacity of the infrastructure will enable rail to play its full part in improving the functioning of the intermodal transport chain.
2022/11/16
Committee: TRAN
Amendment 441 #

2021/0420(COD)

Proposal for a regulation
Recital 52
(52) Member States should establish a national SUMP support programme aimed at promoting the uptake of SUMPs and improving coordination among regions, cities and towns. It should support regions and urban areas to develop high-quality SUMPs and reinforce monitoring and evaluation of the SUMP implementation through legislative measures, guidance, capacity building, assistance and possibly financial support. The Commission can update the list of urban nodes in Annex II at the request of a Member State, previous agreement with the urban nodes concerned and its relevant authorities, with the aim of improving territorial balance and accelerating the transition to a more sustainable mobility. The Commission should facilitate exchanges of best practices and lessons learnt between urban nodes along the network.
2022/11/16
Committee: TRAN
Amendment 454 #

2021/0420(COD)

Proposal for a regulation
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 without delay. 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.
2022/11/16
Committee: TRAN
Amendment 464 #

2021/0420(COD)

Proposal for a regulation
Recital 60
(60) Publicly accessible recharging and refuelling infrastructure along the trans- European transport network as defined in Regulation (EU) […] [on the deployment of alternative fuels infrastructure] should be complemented with requirements on the deployment of recharging and refuelling infrastructure in multimodal terminals and for multimodal passenger hubs, to provide charging and refuelling opportunities for long haul trucks when they are being loaded or unloaded or when the driver is taking a rest or for busses in multimodal passenger hubs. In order to ensure free circulation, where the terminals or passenger hubs receive Union or public support, the access for purposes of charging and refuelling, should be on fair, affordable, transparent and non- discriminatory basis, so as to avoid market lock in for specific enterprises or possible distortions of competition. Pricing should be made on transparent and non- discriminatory basis for all authorised undertakings or persons, where the charging and refuelling infrastructure is build using Union or public funding.
2022/11/16
Committee: TRAN
Amendment 476 #

2021/0420(COD)

Proposal for a regulation
Recital 64
(64) While maintenance is and will remain the main responsibility of the Member States, it is important that the trans-European transport network – once built – is properly maintained to ensure a high quality of services. A life cycle approach should be followed when planning and procuring infrastructure projects. Maintenance works that result in a limitation or non-availability of rail infrastructure should be managed according to the rules stated in Commission Delegated Decision (EU) 2017/2075.
2022/11/16
Committee: TRAN
Amendment 483 #

2021/0420(COD)

Proposal for a regulation
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, enhance cross-border connections and improve efficiency and sustainability. They should contribute to cohesion through improved territorial cooperation. They should also address wider transport policy objectives and facilitate interoperability, modal integration and multimodal operations. The corridor approach should be transparent and clear and the management of such corridors should not create additional administrative burdens or costs. The European Transport Coordinators should also encourage the establishment of integrated management structures, including joint ventures, aimed at speeding the implementation of cross- border infrastructure projects.
2022/11/16
Committee: TRAN
Amendment 488 #

2021/0420(COD)

Proposal for a regulation
Recital 67 a (new)
(67a) EU border regions cover 40% of the EU's territory and account for 30% of the EU's population. By connecting border regions more effectively the EU will become more integrated in a tangible way and offer citizens the possibility of enjoying sustainable cross-border mobility services. European Transport Coordinators should analyse mobility needs in EU cross-border regions and in coordination with the relevant regional and local authorities, and should establish "cross-border mobility plans". These plans should include targeted measures to improve the coordination and frequency of rail and public transport services between these regions, address missing links and bottlenecks, enhance the performance of services and the capacity of the infrastructures and improve the affordability of the cross-border services.
2022/11/16
Committee: TRAN
Amendment 495 #

2021/0420(COD)

Proposal for a regulation
Recital 70
(70) The technical basis of the maps specifyinginteractive geographical and technical information system for the trans- European transport network is(TENtec) provided bys the interactive geographical and technical information system for the trans-European transport network (TENtec)technical basis of the maps reflecting the evolution of the European transport network with a view of achieving the corresponding final goals reflected in Annex I and in the lists of Annex II of this Regulation.
2022/11/16
Committee: TRAN
Amendment 504 #

2021/0420(COD)

Proposal for a regulation
Recital 72
(72) In order to maximise consistency between the guidelines and the programming of the relevant financial instruments available at Union level, trans- European transport network funding should comply with this Regulation and be based, in particular, on Regulation (EU) No 2021/1153 of the European Parliament and of the Council29 . In addition, network funding should also build on funding and financing instruments provided under other Union law, including InvestEU, the Recovery and Resilience Facility, Cohesion Policy, Horizon Europe and other financing instruments established by the European Investment Bank, including the Green Rail Investment Platform. To enable the financing of projects of common interest, references to ‘multimodal logistics platforms’, ‘motorways of the sea’ and ‘telematic applications’ in Regulation (EU) 2021/1153 should be respectively construed as references to ‘multimodal freight terminals’, ‘European Maritime Space’ and ‘ICT systems for transport’ as defined in this Regulation. For the same purpose, references to ‘core network’ in Regulation (EU) 2021/1153 should be construed as including ‘extended core network’ as defined in this Regulation. __________________ 29 Regulation (EU) No 2021/1153 of the European Parliament and of the Council of 7 July 2021 establishing the Connecting Europe Facility and repealing Regulations (EU) No 1316/2013 and (EU) No 283/2014 (OJ L 249, 14.7.2021, p. 38).
2022/11/16
Committee: TRAN
Amendment 508 #

2021/0420(COD)

Proposal for a regulation
Recital 72 a (new)
(72a) Agglomerations play a crucial role in the implementation of the European network, but this also means a major financial challenge.;
2022/11/16
Committee: TRAN
Amendment 511 #

2021/0420(COD)

Proposal for a regulation
Recital 74 a (new)
(74a) The inclusion of transport nodes (ports, airports, terminals and urban nodes) in Annexes I and II entails the application of other EU legal acts. In order to provide legal certainty and to enable long-term strategic planning, it is essential to keep the network as stable as possible and avoid exclusions. Consequently, where the established quantitative thresholds within the "planning methodology for the TEN-T" are no longer met, the Commission, shall initiate a monitoring procedure before any exclusion and shall take into account qualitative indicators such as the strategic location of the nodes and their contribution to the EU strategic autonomy, and any cyclical factors which may explain the decline in infrastructure traffic.
2022/11/16
Committee: TRAN
Amendment 553 #

2021/0420(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point f
(f) 'urban node' means an functional 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, are connected with other elements of that infrastructure and with the infrastructure for regional and local traffic;
2022/11/16
Committee: TRAN
Amendment 578 #

2021/0420(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point p
(p) ‘active modes’ means the transport of people or goods, through non-motorised means, based on human physical activity or by a combination of an electric motor and human power;
2022/11/16
Committee: TRAN
Amendment 592 #

2021/0420(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point w
(w) 'European Rail Traffic Management System' (ERTMS) means the system defined in the Annex, point 2.2, to the Commission Regulation (EU) 2016/91938 ; Whenever ERTMS is mentioned in the context of implementation deadlines, then ERTMS refers to the two existing ERTMS parts ETCS and GSM-R/FRMCS. __________________ 38 Commission Regulation (EU) 2016/919 of 27 May 2016 on the technical specification for interoperability relating to the ‘control-command and signalling’ subsystems of the rail system in the European Union (OJ L 158, 15.6.2016, p. 1).
2022/11/16
Committee: TRAN
Amendment 611 #

2021/0420(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point a a
(aa) ‘short-sea shipping’ means the movement of cargo and passengers by sea between ports situated in geographical waters of one or several Member States or between a port situated in waters of Member States and a port situated in waters of a neighbouring third country having a coastline on the enclosed seas bordering waters of the Unionone or several Member States;
2022/11/16
Committee: TRAN
Amendment 616 #

2021/0420(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point a j
(aj) ‘maintenance’ means activities and works that have to be undertaken routinely, periodically or in emergency situations in order to be able to use the asset over its expected service life cycle with the samewith the intention of maintaining the condition and capability of existing infrastructure during its lifetime in order to ensure high level of services and safety, in line with this Regulation;
2022/11/16
Committee: TRAN
Amendment 620 #

2021/0420(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point an a (new)
(an a) ‘project authorising decision’ means the decision or a set of decisions, which may be of an administrative nature, taken simultaneously or successively by an authority or by authorities of a Member State, not including administrative and judicial appeal authorities, under a national legal system and administrative law that determine whether or not a project promoter is entitled to implement the project on the geographical area concerned on the trans-European transport network, without prejudice to any decision taken in the context of an administrative or judicial appeal procedure in accordance with Directive (EU) 2021/1187 of the European Parliament and the Council (the "Smart TEN-T Directive").
2022/11/16
Committee: TRAN
Amendment 630 #

2021/0420(COD)

Proposal for a regulation
Article 4 – paragraph 2 – point a – point ii
(ii) enabling greater use of more sustainable modes of transport, including particular by further developing a long- distance rail passenger network, including at high speed, and a fullyn interoperable rail freight network, a reliable inland waterway and short-sea shipping network across the Unionfor passenger and freight across the Union and also by promoting active modes of transport;
2022/11/16
Committee: TRAN
Amendment 639 #

2021/0420(COD)

Proposal for a regulation
Article 4 – paragraph 2 – point a – point ii a (new)
(iia) an optimal integration and financing of the regional and urban railway services;
2022/11/16
Committee: TRAN
Amendment 641 #

2021/0420(COD)

Proposal for a regulation
Article 4 – paragraph 2 – point a – point iii a (new)
(iiia) good working and rest conditions and the safety of the employees;
2022/11/16
Committee: TRAN
Amendment 643 #

2021/0420(COD)

Proposal for a regulation
Article 4 – paragraph 2 – point a – point iv
(iv) reduction of negative external costities including those related to environment, health, congestion and accidents;
2022/11/16
Committee: TRAN
Amendment 649 #

2021/0420(COD)

Proposal for a regulation
Article 4 – paragraph 2 – point b – point i
(i) accessibility and connectivity of all regions of the Union, includingpaying particular attention to outermost regions and other remote, insular, peripheral and mountainous regions as well as sparsely populated areas;
2022/11/16
Committee: TRAN
Amendment 675 #

2021/0420(COD)

Proposal for a regulation
Article 4 – paragraph 2 – point d – point i
(i) ensuring the accessibility for and meeting the mobility and transport needs of users, taking into account in particular the needs of people in situations of vulnerability, including persons with disabilities or reduced mobility and people living in remote regions, including the outermost regions and islands, and in rural and sparsely populated areas;
2022/11/16
Committee: TRAN
Amendment 681 #

2021/0420(COD)

Proposal for a regulation
Article 4 – paragraph 2 – point d – point v
(v) ensuring the resilience of infrastructure, in particular on cross-border sections and critical infrastructure;
2022/11/16
Committee: TRAN
Amendment 697 #

2021/0420(COD)

Proposal for a regulation
Article 5 – paragraph 1 – point e
(e) the optimisation of infrastructure use, in particular through efficient capacity and traffic management and the shift towards more sustainable mobility patterns, including the development of sustainable, attractive and efficient multimodal transport services;
2022/11/16
Committee: TRAN
Amendment 707 #

2021/0420(COD)

Proposal for a regulation
Article 5 – paragraph 1 – point h
(h) the adequate consideration of the resilience of the transport network and its infrastructure, particularly strategic infrastructure, with regard to a changing climate as well as natural hazards, geopolitical changes and human-made disasters, as well as intentional disruptions with a view to addressing those challenges;
2022/11/16
Committee: TRAN
Amendment 745 #

2021/0420(COD)

Proposal for a regulation
Article 9 – paragraph 1 – point b a (new)
(ba) facilitate railway transport with third countries;
2022/11/16
Committee: TRAN
Amendment 756 #

2021/0420(COD)

Proposal for a regulation
Article 9 – paragraph 1 – point h a (new)
(ha) promote the decarbonisation of transport, in particular through the deployment of alternative fuels infrastructure in third countries in view of establishing a continuous network linked with the trans-European transport network.
2022/11/16
Committee: TRAN
Amendment 758 #

2021/0420(COD)

Proposal for a regulation
Article 10 – paragraph 1 – point a
(a) be as specified in the maps in Annex I and in the lists in Annex II, which should exclusively represent the final goals of the network, i.e. nodes and itineraries, with their implementation deadlines (2030, 2040 or 2050). The TENtec system should reflect the evolution of the network in accordance with Article 55;
2022/11/16
Committee: TRAN
Amendment 768 #

2021/0420(COD)

Proposal for a regulation
Article 12 – paragraph 1 – point a
(a) increasing freight and passenger transport activity of more sustainable modes of transport in view of a reduction of GHG emissionthe share of more sustainable modes of transport for freight and passengers, in particular in view of a reduction of GHG emissions and pollution and of an increase of social and economic benefits from transport;
2022/11/16
Committee: TRAN
Amendment 795 #

2021/0420(COD)

Proposal for a regulation
Article 12 – paragraph 1 – point i b (new)
(ib) removing barriers for active modes when infrastructure is being built or upgraded.
2022/11/16
Committee: TRAN
Amendment 815 #

2021/0420(COD)

Proposal for a regulation
Article 13 – paragraph 1 – point c
(c) the development of a seamless inland waterways, aviation and maritime infrastructure system for passengers and freight;
2022/11/16
Committee: TRAN
Amendment 822 #

2021/0420(COD)

Proposal for a regulation
Article 13 – paragraph 1 – point g
(g) the deployment of the necessary infrastructure which ensures a seamless circulation of zero-emission vehiclesustainable vehicles, vessels and aircrafts.
2022/11/16
Committee: TRAN
Amendment 873 #

2021/0420(COD)

Proposal for a regulation
Article 15 – paragraph 3 – point b
(b) at the request of a Member State, in duly justified cases, other exemptions may be granted by the Commission by means of implementing acts in respect of the requirements referred to in paragraph 2. Any request for exemption shall be based on a socio-economic cost-benefit analysis and an assessment of the impact on interoperability. An. The request for exemptions shall comply with the requirements of Directive (EU) 2016/797 of the European Parliament and of the Council58 , and shall be coordinated and agreed with the neighbouring Member State(s) where applicable. in case of cross-border sections. The Commission shall assess the request in view of the justification provided as well as in terms of its impact on interoperability and continuity of the railway network where relevant. The Commission shall ask for and take duly into account the opinion(s) of the neighbouring Member State(s) concerned. The Commission shall inform other Member States of the exemptions granted pursuant to this Article. __________________ 58 Directive (EU) 2016/797 of the European Parliament and of the Council of 11 May 2016 on the interoperability of the rail system within the European Union (OJ L 138, 26.5.2016, p. 44).
2022/11/17
Committee: TRAN
Amendment 894 #

2021/0420(COD)

Proposal for a regulation
Article 16 – paragraph 2 – point c – paragraph 1
allows for a prevailing minimum operational line speed of 160 km/h for passenger trains on the passenger lines of the extended core network;
2022/11/17
Committee: TRAN
Amendment 898 #

2021/0420(COD)

Proposal for a regulation
Article 16 – paragraph 3 – point a
(a) meets the requirements set out in Article 15(2), points (a) to (d), and of a prevailing minimum operational line speed of 100 km/h for freight trains on the freight lines of the core network; Rail networks used for freight and passenger traffic shall receive a derogation from Article 15(2), point d, for a limited time period from 2030 to 2040. They shall be required to comply with the following conditions: (i) on double track lines, at least 50% of the train paths for freight trains per day, and not less than two train paths on average per hour and direction over a period of one day , can be allocated to freight trains with a length of at least 740 m; (ii) on single track lines, at least one train path per two hours and direction can be allocated to freight trains with a length of at least 740 m;
2022/11/17
Committee: TRAN
Amendment 909 #

2021/0420(COD)

Proposal for a regulation
Article 16 – paragraph 4 – point b a (new)
(ba) are equipped with technical devices (train control points) at a maximum distance of 100 km, which automatically check the technical condition (axle load, loading gauge, running gear condition, "hot axle boxes") of passing trains.
2022/11/17
Committee: TRAN
Amendment 911 #

2021/0420(COD)

Proposal for a regulation
Article 16 – paragraph 4 – point b b (new)
(bb) are equipped with safe routes, modern accommodation, modern break areas (cooling, heating, hygiene) and sanitary facilities for all employees.;
2022/11/17
Committee: TRAN
Amendment 940 #

2021/0420(COD)

Proposal for a regulation
Article 17 – paragraph 1 – point a
(a) ERTMS is equipped;, while ensuring a synchronized, internationally harmonized and technically compatible ERTMS deployment, trackside and on- board of trains.
2022/11/17
Committee: TRAN
Amendment 984 #

2021/0420(COD)

Proposal for a regulation
Article 17 – paragraph 6 a (new)
6a. As part of the ETCS, the Digital Automatic Coupling should be provided with sufficient EU funds;
2022/11/17
Committee: TRAN
Amendment 991 #

2021/0420(COD)

Proposal for a regulation
Article 17 – paragraph 6 b (new)
6b. The level of public funding of ERTMS implementation trackside and on board of trains shall be increased to 100% thereby reflecting the significance of an ERTMS implementation according to the deadlines set in this Regulation to increase rail capacity.
2022/11/17
Committee: TRAN
Amendment 999 #

2021/0420(COD)

Proposal for a regulation
Article 18 – paragraph 1 – introductory part
1. Member States shall ensure that, by 31 December 2030, the quality of services provided by infrastructure managers to, railway undertakings and terminal operators, technical and operational requirements for infrastructure use and procedures related to border controls do not prevent the operational performance of rail freight services along the rail freight lines of the European Transport Corridors from meeting the following target values:
2022/11/17
Committee: TRAN
Amendment 1007 #

2021/0420(COD)

Proposal for a regulation
Article 18 – paragraph 1 – point b
(b) in compliance with the requirements of passenger transport, at least 90% of the freight trains crossing at least one border of a European Transport Corridor arrive at their destination, or at the external Union border if their destination is outside the Union, at their scheduled time or with a delay of less than 30 minutes.
2022/11/17
Committee: TRAN
Amendment 1040 #

2021/0420(COD)

Proposal for a regulation
Article 19 – paragraph 1 – point g
(g) developing innovative alternative fuels technologies for railways, such as hydrogen and battery electric applications for sections that are exempted from the electrification requirement.
2022/11/17
Committee: TRAN
Amendment 1089 #

2021/0420(COD)

Proposal for a regulation
Article 22 – paragraph 3 – point a a (new)
(aa) Member States shall ensure by 31.12.2030 a land-side power supply with electricity for every moored ship. The use of electricity for auxiliary engines shall be compulsory by 31.12.2030.
2022/11/17
Committee: TRAN
Amendment 1191 #

2021/0420(COD)

Proposal for a regulation
Article 28 – paragraph 1 – point e a (new)
(ea) access routes and last mile connection to multimodal passenger hubs, including infrastructure for active modes;
2022/11/21
Committee: TRAN
Amendment 1200 #

2021/0420(COD)

Proposal for a regulation
Article 29 – paragraph 2 – point b
(b) rest areas are available at a maximum distance of 60 km from each other, providing sufficient parking space, safety and security equipment, and appropriate facilities, including sanitary facilities, that meet the needs of a diverse workforce; Access to parking space and these facilities is free to users as costs are borne by general infrastructure fees or tolls.
2022/11/21
Committee: TRAN
Amendment 1217 #

2021/0420(COD)

Proposal for a regulation
Article 30 – paragraph 2
2. Member States shall ensure that the road infrastructure of the core network and extended core network meets the requirements set out in Article 29(2), points (a), (c) and (d), by 31 December 2040.
2022/11/21
Committee: TRAN
Amendment 1222 #

2021/0420(COD)

Proposal for a regulation
Article 30 – paragraph 3
3. Member States shall ensure that the road infrastructure of the core network and extended core network meets the requirements set out in Article 29(2), points (b) and (c), by 31 December 2030.
2022/11/21
Committee: TRAN
Amendment 1291 #

2021/0420(COD)

Proposal for a regulation
Article 35 – paragraph 3 – subparagraph 2
Member States shall consult shippers, transport and logistics operators which operate on their territory as well as relevant authorities. They shall take into account the results of the consultation in their analysis.
2022/11/21
Committee: TRAN
Amendment 1331 #

2021/0420(COD)

Proposal for a regulation
Article 40 – paragraph 1 – point b – point i
(i) adoption of a sustainable urban mobility plan (SUMP) in line with Annex V that includes notably measures to integrate the different modes of transport, including active modes, to promote efficient zero-emission mobility including sustainable and zero-emission urban logistics and public transport, to promote affordability and accessibility to all users and address mobility poverty, to reduce air and noise pollution and that takes long- distance trans-European transport flows into consideration;
2022/11/21
Committee: TRAN
Amendment 1335 #

2021/0420(COD)

Proposal for a regulation
Article 40 – paragraph 1 – point b – point ii
(ii) collection and submission to the Commission of urban mobility data per urban node covering at minimum greenhouse gas emissions, congestion, accidents and injuries, modal share and access to mobility serviceibility and affordability to mobility services, including data on mobility poverty, as well as data on air and noise pollution. Thereafter these data shall be submitted every year;
2022/11/21
Committee: TRAN
Amendment 1337 #

2021/0420(COD)

Proposal for a regulation
Article 40 – paragraph 1 – point b – point ii a (new)
(iia) the adoption of concrete measures, such as the deployment of ICT tools and ITS systems and the collection of other relevant data, to allow optimised itineraries for vehicles with a view to improving the management of traffic flows, reducing congestion and air pollution and improving road safety.
2022/11/21
Committee: TRAN
Amendment 1341 #

2021/0420(COD)

Proposal for a regulation
Article 40 – paragraph 1 – point c – point i
(i) for passenger transport: sustainable, seamless and safe interconnection between rail, road, air, the active modes of transport, including where possible EuroVelo infrastructure, and, as appropriate, inland waterway and maritime infrastructure;
2022/11/21
Committee: TRAN
Amendment 1351 #

2021/0420(COD)

Proposal for a regulation
Article 40 – paragraph 1 – point d
(d) by 31 December 2040: the development of at least one multimodal freight terminal allowing for sufficient transhipment capacity within or in the vicinity of the urban node taking into account urban logistics and last mile and access routes connections. One multimodal freight terminal may serve several urban nodes if capacity allows and be located in the urban node itself or in its vicinity.
2022/11/21
Committee: TRAN
Amendment 1358 #

2021/0420(COD)

Proposal for a regulation
Article 40 – paragraph 1 a (new)
From 1 January 2026, EU funding for projects of common interest related to urban nodes should be made conditional to the adoption of SUMPs in accordance with the requirements set out in Annex V.
2022/11/21
Committee: TRAN
Amendment 1359 #

2021/0420(COD)

Proposal for a regulation
Article 40 – paragraph 1 a (new)
sufficient EU funds to improve and strengthen the role of urban nodes as indispensable hub within the TEN- Network
2022/11/21
Committee: TRAN
Amendment 1364 #

2021/0420(COD)

Proposal for a regulation
Article 41 – paragraph 1 – point c
(c) promotion of efficient and, low- noise and zero emission transport and mobility, including greening urban fleets and the establishment of low-emission mobility zones;
2022/11/21
Committee: TRAN
Amendment 1367 #

2021/0420(COD)

Proposal for a regulation
Article 41 – paragraph 1 – point d a (new)
(da) increase of accessibility and connectivity between urban and rural areas and unhindered access to smart, sustainable and affordable transport;
2022/11/21
Committee: TRAN
Amendment 1374 #

2021/0420(COD)

Proposal for a regulation
Article 43 – paragraph 1 – introductory part
1. Member States shall promote projects of common interest which both provide efficient freight transport services that use the infrastructure of the trans- European transport network and contribute to reducing carbon dioxideGHG emissions and other negative environmental and socio- economic impacts, and which aim to:
2022/11/21
Committee: TRAN
Amendment 1377 #

2021/0420(COD)

Proposal for a regulation
Article 43 – paragraph 1 – point e
(e) improve links to the most vulnerable and isolated parts of the Union, in particular the outermost regions, and other remote, insular, peripheral and mountainous regions as well as sparsely populated areas promoting regular and frequent services.
2022/11/21
Committee: TRAN
Amendment 1382 #

2021/0420(COD)

Proposal for a regulation
Article 44 – paragraph 1 – point a
(a) support and promote the decarbonisation of transport through transition to zero- and low-emission vehicles, vessels, rolling stock and aircraft and other innovative and sustainable transport and network technologies such as hyperloop;
2022/11/21
Committee: TRAN
Amendment 1384 #

2021/0420(COD)

Proposal for a regulation
Article 44 – paragraph 1 – point a a (new)
(aa) encourage research and development of green and innovative mobility alternatives, such as "Mobility as a Service" solutions in territories where exceptions of TEN-T technical requirements have been granted.
2022/11/21
Committee: TRAN
Amendment 1398 #

2021/0420(COD)

Proposal for a regulation
Article 44 – paragraph 1 – point f
(f) promote efficient ways to provide accessible and comprehensible information to all users and providers of transport services regarding interconnections, interoperability and multimodality and regarding the environmental impacts of their transport choices;
2022/11/21
Committee: TRAN
Amendment 1403 #

2021/0420(COD)

Proposal for a regulation
Article 44 – paragraph 1 a (new)
Member States should, when relevant, coordinate the implementation of the innovative technological developments and deployments included in paragraph (1) with neighbouring countries, particularly in cross-border sections.
2022/11/21
Committee: TRAN
Amendment 1413 #

2021/0420(COD)

Proposal for a regulation
Article 47 – paragraph 1
1. Member States shall notify the Commission of any project of common interest in their territory with the participation of or contribution of any kind by a natural person of a third country or an undertaking of a third country with a view to allow assessment of its impact on security or public order in the Union and ensure fair competition in public procurement. This obligation shall not apply to foreign direct investments notified to the Commission and other Member States pursuant to Article 6(1) of Regulation (EU) 2019/452.
2022/11/21
Committee: TRAN
Amendment 1432 #

2021/0420(COD)

Proposal for a regulation
Article 48 – paragraph 1 – point a
(a) the infrastructure of the trans- European transport network is maintained in a way that it provides the same level of service and safety during its lifetime; and that maintenance works that result in a limitation or non-availability of rail infrastructure are managed according to the rules stated in Commission Delegated Decision (EU) 2017/2075.
2022/11/21
Committee: TRAN
Amendment 1441 #

2021/0420(COD)

Proposal for a regulation
Article 48 – paragraph 1 a (new)
The Commission, in coordination with the European Coordinators, shall establish a core network monitoring plan on maintenance at European level. This monitoring plan should, among others, evaluate the compliance of Member States with the requirements set in paragraph (1), study the state of play of the maintenance of the network and identify gaps in the quality requirements of infrastructure, especially in critical infrastructure. The Commission shall provide Member States with recommendations on targeted measures to improve the maintenance of the network. The Commission shall also present progress reports every two years.
2022/11/21
Committee: TRAN
Amendment 1445 #

2021/0420(COD)

Proposal for a regulation
Article 49 – paragraph 1
Transport infrastructure, including services connected to it, shall allow seamless mobility and accessibility for all users, in particular people in situations of vulnerability including persons with disabilities or reduced mobility as well as persons living in outermost regions and other remote, rural, insular, peripheral and mountainous regions as well as sparsely populated areas.
2022/11/21
Committee: TRAN
Amendment 1449 #

2021/0420(COD)

Proposal for a regulation
Article 50 – paragraph 1
1. European Transport Corridors are an instrument to facilitate the coordinated implementation of the parts of the core and extended core of the trans- European transport network and are intended, in particular, to improve cross- border links and to remove bottlenecks within the Union.
2022/11/21
Committee: TRAN
Amendment 1452 #

2021/0420(COD)

Proposal for a regulation
Article 50 – paragraph 2 – point b
(b) interoperability and continuity of the network;
2022/11/21
Committee: TRAN
Amendment 1457 #

2021/0420(COD)

Proposal for a regulation
Article 50 – paragraph 2 – point c
(c) a coordinated development of infrastructure, in particular in cross-border sections, notably in view of developing a fully interoperable rail freight system as well as an accessible for all users long- distance rail passenger network at high speed across the Union;
2022/11/21
Committee: TRAN
Amendment 1459 #

2021/0420(COD)

Proposal for a regulation
Article 50 – paragraph 2 – point d
(d) supporting the coordinated and integrated development and deployment of innovative solutions for the digitalisation and interoperability of transport.
2022/11/21
Committee: TRAN
Amendment 1461 #

2021/0420(COD)

Proposal for a regulation
Article 50 – paragraph 2 – point d a (new)
(da) promoting the deployment of alternative fuels infrastructure.
2022/11/21
Committee: TRAN
Amendment 1477 #

2021/0420(COD)

Proposal for a regulation
Article 51 – paragraph 5 – point e a (new)
(ea) conduct a feasibility study starting at the latest with entry into force of this regulation that in parallel to the roll out of ERTMS/ETCS transparently outlines the implementation paths to the deadlines set for 2030, 2040 and 2050.This study shall not only look into feasibility in terms of technology, but also in terms of resources and financial support/subsidies in order to prevent a negative business case for affected partners, especially Railway Undertakings.
2022/11/21
Committee: TRAN
Amendment 1479 #

2021/0420(COD)

Proposal for a regulation
Article 51 – paragraph 5 – point e a (new)
(ea) facilitate the establishment of a "joint authority" which may be established by mutual agreement between two or more Member States to facilitate the permit-granting procedures related to cross-border projects as set in the Smart TEN-T Directive.
2022/11/21
Committee: TRAN
Amendment 1490 #

2021/0420(COD)

Proposal for a regulation
Article 51 – paragraph 7 – point b
(b) monitor administrative, operational and interoperability aspects of passenger traffic on the rail passenger lines of the European Transport Corridors, including monitoring the performance and accessibility of rail passenger services.
2022/11/21
Committee: TRAN
Amendment 1492 #

2021/0420(COD)

Proposal for a regulation
Article 51 – paragraph 7 – point b a (new)
(ba) analyse the cross-border mobility needs in EU cross-border regions and encourage Member States, in cooperation with the relevant regional and local authorities, to jointly establish "cross- border mobility plans" with targeted measures in order to, among others, increase the network connectivity index, foster the coordination and frequency of rail and public transport services between regions, address missing links and bottlenecks, enhance the performance of passenger rail services and infrastructure and improve the affordability of the cross- border services.
2022/11/21
Committee: TRAN
Amendment 1494 #

2021/0420(COD)

Proposal for a regulation
Article 51 – paragraph 7 a (new)
7a. cooperate with the regional authorities to identify and prioritise investment needs for the regional rail services on the rail lines of the European Transport Corridors;
2022/11/21
Committee: TRAN
Amendment 1501 #

2021/0420(COD)

Proposal for a regulation
Article 52 – paragraph 2
2. The “Corridor Forum” shall be formally established and chaired by the European Coordinator. The Member States concerned shall agree on the membership of the Corridor Forum for their part of the European Transport Corridor and ensure representation of the rail freight governance, as well as, when appropriate the relevant regional and local authorities.
2022/11/21
Committee: TRAN
Amendment 1502 #

2021/0420(COD)

Proposal for a regulation
Article 52 – paragraph 2
2. The "Corridor Forum" shall be formally established and chaired by the European Coordinator. The Member States concerned shall agree on the membership of the Corridor Forum for their part of the European Transport Corridor and ensure representation of the rail freight governance, employees representatives and the regional transport authorities.
2022/11/21
Committee: TRAN
Amendment 1516 #

2021/0420(COD)

Proposal for a regulation
Article 52 – paragraph 3 – subparagraph 2
When relevant, the European Coordinator shall cooperate and coordinate with the rail freight governance on the activities of the working groups to avoid any duplication of work; Representatives of the rail freight governance shall be invited to relevant forums of the European Transport Corridors. Similarly, European Transport Coordinators shall be invited to attend relevant Executive Board meetings of the rail freight governance.
2022/11/21
Committee: TRAN
Amendment 1552 #

2021/0420(COD)

Proposal for a regulation
Article 53 – paragraph 3 – point c
(c) an identification of the missing links and bottlenecks hampering the development of the corridor with particular attention to cross-border sections;
2022/11/21
Committee: TRAN
Amendment 1553 #

2021/0420(COD)

Proposal for a regulation
Article 53 – paragraph 3 – point c a (new)
(ca) an analysis of the state of play of cross-border sections with a view of identifying challenges and proposing concrete measures to comply with the dates set out in this Regulation and the coherence of the financial programming of the Member States concerned to achieve this aim.
2022/11/21
Committee: TRAN
Amendment 1560 #

2021/0420(COD)

Proposal for a regulation
Article 53 – paragraph 3 – point e
(e) a description of possible solutions to address the investment needs and bottlenecks, in particular for the passenger and freight lines and nodes of the corridor;
2022/11/21
Committee: TRAN
Amendment 1561 #

2021/0420(COD)

Proposal for a regulation
Article 53 – paragraph 3 – point f
(f) a plan with intermediate targets for the removal of physical, technical, digital, operational and administrative barriers between and within transport modes paying particular attention to the improvement of accessibility for all users, and for the enhancement of efficient multimodal transport with particular attention to cross-border sections and national missing links.
2022/11/21
Committee: TRAN
Amendment 1573 #

2021/0420(COD)

Proposal for a regulation
Article 54 – paragraph 4 a (new)
4a. The European Commission shall adopt a delegated act for a uniform, automated standard for data exchange in the area of working time and knowledge of the employees in railways. This delegated act shall ensure an easy cross border control of the working hours and the necessary knowledge (infrastructure, vehicles) of the employees.
2022/11/21
Committee: TRAN
Amendment 1581 #

2021/0420(COD)

Proposal for a regulation
Article 56 – paragraph 1 – subparagraph 1 – point b
(b) exclude maritime ports and airports from the comprehensive network, if it is demonstrated that the average of their traffic volume over the last six years is below 85% of the relevant threshold and after initiating a monitoring procedure taking into account qualitative indicators such as their strategic location and contribution of the EU strategic autonomy and any cyclical factors explaining the decline in traffic flow;
2022/11/21
Committee: TRAN
Amendment 1587 #

2021/0420(COD)

Proposal for a regulation
Article 56 – paragraph 1 – subparagraph 1 – point b a (new)
(ba) include maritime ports in the core network at the request of a Member State when maritime ports comply with Article 25 paragraphs (1) and (2) and have a geopolitical strategic importance and European added value in terms of emergency supply chains, geopolitical importance, military mobility and energy security.
2022/11/21
Committee: TRAN
Amendment 1594 #

2021/0420(COD)

Proposal for a regulation
Article 56 – paragraph 1 – subparagraph 1 – point c a (new)
(ca) include an opt-in mechanism for urban nodes alongside the TEN-T corridors, to be included in the lists in Annex II, at the request of a Member State with the previous agreement of the urban node concerned and its relevant authorities.
2022/11/21
Committee: TRAN
Amendment 1607 #

2021/0420(COD)

Proposal for a regulation
Article 58 – paragraph 3
3. Member States shall notify to the Commission the draft national plans and programmes, or any modification of those, with a view to developing the trans- European transport network, at least twelve months before their adoption. The Commission may issue an opinion no later than six months following the notification by the Member State on the coherence of the draft national plans and programmes with the priorities set out in this Regulation and with the priorities set out in the work plans for the corresponding corridor(s) and of the horizontal priorities and in the implementing acts adopted in accordance with Article 54(1). The Member States shall inform the Commission, no later than two months after notification of the opinion, on the measures adopted to address the recommendations set out in the opinion. Projects of national plans that are not aligned with Union transport policy shall not be considered to be a priority for receiving Union funds.
2022/11/21
Committee: TRAN
Amendment 1616 #

2021/0420(COD)

Proposal for a regulation
Article 62 – paragraph 3 – subparagraph 1
The Commission mayshall, after considering the reasons provided by the Member State or Member States concerned pursuant to the first subparagraph, adopt a decision addressed to the Member State or Member States concerned, finding that the significant delay in starting or completing the work on the core network, extended core network or on the comprehensive network is attributable to the Member State or Member States without an objective justification. The Commission shall give the Member State or Member States concerned 6 months to eliminate the significant delay.
2022/11/21
Committee: TRAN
Amendment 1620 #

2021/0420(COD)

Proposal for a regulation
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, islands and outermost regions for as long as no railway system is established within their territory.
2022/11/21
Committee: TRAN
Amendment 1767 #
2023/01/25
Committee: TRAN
Amendment 1828 #

2021/0420(COD)

Proposal for a regulation
Annex V – point 1
1. Goals and objectives: A Sustainable Urban Mobility Plan (SUMP) shall have as central goal improving accessibility of the functional urban area to all users with particular attention to persons with disabilities or reduced mobility, and providing high- quality, safe and sustainable low-emission mobility to, through and within the functional urban area. It shall notably support zero-emission mobility and the implementation of an urban transport system which contributes to a better overall performance of the trans- European transport network, in particular through the establishment of low-emission mobility zones, the development of infrastructure for the seamless circulation of zero-emission vehicles as well as of multimodal passenger hubs to facilitate first and last mile connections and of multimodal freight terminals serving urban nodes.
2023/01/25
Committee: TRAN
Amendment 1831 #

2021/0420(COD)

Proposal for a regulation
Annex V – point 2
2. Long-term vision and short-term implementation plan: A SUMP shall include a – or be linked to an existing – long term strategy, including in financial terms, for the future development of transport infrastructure and multi-modal services. It shall also include a delivery plan for the short-term implementation of the strategy. It shall be embedded into an integrated approach for sustainable development of the urban area and linked to relevant land-use and spatial planning.
2023/01/25
Committee: TRAN
Amendment 1835 #

2021/0420(COD)

Proposal for a regulation
Annex V – point 3
3. Integration of the different modes of transport: A SUMP shall promote multimodal accessible transport through the integration of the different modes and measures aimed at facilitating seamless and sustainable mobility. It shall include actions to increase the modal share of the more sustainable forms of transport such as public transport, active mobility, and, as appropriate, inland waterway and maritime transport. It shall also include actions to promote zero-emission mobility, in particular with regard to the greening of the urban fleet, to reduce congestion and to improve road safety in particular of vulnerable road users. establishment of low-emission mobility zones, the greening of the urban fleet, to reduce congestion, to improve accessibility for all users with particular attention to persons with disabilities or reduced mobility, as well as to improve road safety in particular of vulnerable road users in accordance with EU road safety standards, including standards for safety of cycling infrastructure.
2023/01/25
Committee: TRAN
Amendment 1841 #

2021/0420(COD)

Proposal for a regulation
Annex V – point 5
5. Participatory approach: The development and implementation of a SUMP shall be based on an integrated approach with a high level of cooperation, coordination and consultation between the different levels of government and relevant authorities. Citizens as well as representatives of civil society and economic actors shall also be involved, in particular urban transport authorities. Citizens, accessibility experts, as well as representatives of civil society, including organisations of persons with disabilities and economic actors shall also be involved. It shall also support the creation of a multi-level collaboration platform at national level to identify and address shortcomings in rural-urban connectivity covering the functional urban areas and assess the possibilities offered by regional mobility plans.
2023/01/25
Committee: TRAN
Amendment 1848 #

2021/0420(COD)

Proposal for a regulation
Annex V – point 6
6. Monitoring and performance indicators: A SUMP shall include objectives, targets and indicators underpinning the current and future performance of the urban transport system, at minimum, on greenhouse gas emissions, improved management of traffic flows, congestion, accidents and injuries, modal share and access to mobility services and infrastructure to all users, as well as data on air and noise pollution in cities. The implementation of a SUMP shall be monitored using performance indicators. Member States and the relevant authorities shall implement mechanisms to ensure that a SUMP is in line with the provisions of this Annex and of high quality.
2023/01/25
Committee: TRAN
Amendment 1851 #

2021/0420(COD)

Proposal for a regulation
Annex V – point 1
1. Goals and objectives: A Sustainable Urban Mobility Plan (SUMP) shall have as central goal improving accessibility of the functional urban area to all users with particular attention to persons with disabilities or reduced mobility, and providing high- quality, safe and sustainable low-emission mobility to, through and within the functional urban area. It shall notably support zero-emission mobility and the implementation of an urban transport system which contributes to a better overall performance of the trans- European transport network, in particular through the establishment of low-emission mobility zones, the development of infrastructure for the seamless circulation of zero-emission vehicles as well as of multimodal passenger hubs to facilitate first and last mile connections and of multimodal freight terminals serving urban nodes.
2022/11/17
Committee: TRAN
Amendment 1854 #

2021/0420(COD)

Proposal for a regulation
Annex V – point 2
2. Long-term vision and short-term implementation plan: A SUMP shall include a – or be linked to an existing – long term strategy, including in financial terms, for the future development of transport infrastructure and multi-modal services. It shall also include a delivery plan for the short-term implementation of the strategy. It shall be embedded into an integrated approach for sustainable development of the urban area and linked to relevant land-use and spatial planning.
2022/11/17
Committee: TRAN
Amendment 1858 #

2021/0420(COD)

Proposal for a regulation
Annex V – point 3
3. Integration of the different modes of transport: A SUMP shall promote multimodal accessible transport through the integration of the different modes and measures aimed at facilitating seamless and sustainable mobility. It shall include actions to increase the modal share of the more sustainable forms of transport such as public transport, active mobility, and, as appropriate, inland waterway and maritime transport. It shall also include actions to promote zero-emission mobility, in particular with regard to the greening of the urban fleet, to reduce congestion and to improve road safety in particular of vulnerable road users. establishment of low-emission mobility zones, the greening of the urban fleet, to reduce congestion, to improve accessibility for all users with particular attention to persons with disabilities or reduced mobility, as well as to improve road safety in particular of vulnerable road users in accordance with EU road safety standards, including standards for safety of cycling infrastructure.
2022/11/17
Committee: TRAN
Amendment 1864 #

2021/0420(COD)

Proposal for a regulation
Annex V – point 5
5. Participatory approach: The development and implementation of a SUMP shall be based on an integrated approach with a high level of cooperation, coordination and consultation between the different levels of government and relevant authorities. Citizens as well as representatives of civil society and economic actors shall also be involved, in particular urban transport authorities. Citizens, accessibility experts, as well as representatives of civil society, including organisations of persons with disabilities and economic actors shall also be involved. It shall also support the creation of a multi-level collaboration platform at national level to identify and address shortcomings in rural-urban connectivity covering the functional urban areas and assess the possibilities offered by regional mobility plans.
2022/11/17
Committee: TRAN
Amendment 1871 #

2021/0420(COD)

Proposal for a regulation
Annex V – point 6
6. Monitoring and performance indicators: A SUMP shall include objectives, targets and indicators underpinning the current and future performance of the urban transport system, at minimum, on greenhouse gas emissions, improved management of traffic flows, congestion, accidents and injuries, modal share and access to mobility services and infrastructure to all users, as well as data on air and noise pollution in cities. The implementation of a SUMP shall be monitored using performance indicators. Member States and the relevant authorities shall implement mechanisms to ensure that a SUMP is in line with the provisions of this Annex and of high quality.
2022/11/17
Committee: TRAN
Amendment 44 #

2021/0406(COD)

Proposal for a regulation
Article 1 – paragraph 1 a (new)
1 a. For the purpose of this Regulation, the interest of the Union shall be defined as the need to preserve the policy space of the Union or its Member States to take legitimate sovereign choices, as well as strategic economic interests of the Union, including economic and social coherence.
2022/06/21
Committee: AFET
Amendment 66 #

2021/0406(COD)

Proposal for a regulation
Article 3 – paragraph 3 – subparagraph 1
The Commission shall maintain the European Parliament and the Council constantly updated on developments with regard to examinations of measures implemented by third countries. The Commission may publish a notice in the Official Journal of the European Union or through other suitable public communication means with an invitation to submit information within a specified time limit. In that event, the Commission shall notify the third country concerned of the initiation of the examination.
2022/06/21
Committee: AFET
Amendment 68 #

2021/0406(COD)

Proposal for a regulation
Article 3 – paragraph 3 – subparagraph 1 a (new)
The Commission shall ensure dedication of sufficit ressources to be able to conduct the examination in a swift manner.
2022/06/21
Committee: AFET
Amendment 98 #

2021/0406(COD)

Proposal for a regulation
Article 11 – paragraph 5
5. The Commission shall take utmost account of the information gathered during the information gathering exercise. An analysis of the envisaged measures shall accompany the draft implementing act when submitted to the committee in the context of the examination procedure referred to in Article 15(2). The Commission shall maintain the European Parliament informed in line with Article 11 of Regulation (EU) No 182/2011.
2022/06/21
Committee: AFET
Amendment 100 #

2021/0406(COD)

2. No later than three years after the adoption of the first implementing act under this Regulation or six years after the entry into force of this Regulation, whichever is earlier, the Commission shall review this Regulation and its implementation and shall report to the European Parliament and the Council. Furthermore, when reporting to the European Parliament and Council, the Commission shall provide updates with regard to the development of this Regulation.
2022/06/21
Committee: AFET
Amendment 762 #

2021/0223(COD)

Proposal for a regulation
Article 6 – paragraph 2 a (new)
(2a) A Member State cannot meet the TEN-T core network conditions set out in paragraphs 1 and 2 if a TEN-T rail infrastructure is also being developed on this section in order shift freight traffic to rail, while a hydrogen refuelling infrastructure is going against this objective.
2022/03/21
Committee: TRAN
Amendment 890 #

2021/0223(COD)

Proposal for a regulation
Article 10 – paragraph 1 – point a
(a) at least one installation providing shore-side electricity supply to inland waterway vessels is deployed at all TEN-T core inland waterway ports in the TEN-T comprehensive network by 1 January 2025;.
2022/03/21
Committee: TRAN
Amendment 892 #

2021/0223(COD)

Proposal for a regulation
Article 10 – paragraph 1 – point a a (new)
(aa) the Member States shall adopt the necessary provisions on the use of electric power to ensure legal certainty for investment purposes.
2022/03/21
Committee: TRAN
Amendment 895 #

2021/0223(COD)

Proposal for a regulation
Article 10 – paragraph 1 – point b
(b) at least one installation providing shore-side electricity supply to inland waterway vessels is deployed at all TEN-T comprehensive inland waterway ports by 1 January 2030sufficient shore-side power supply facilities are available by 1 January 2030 in all TEN-T comprehensive inland waterway ports for inland vessels to electrically power their auxiliary engines at berth.
2022/03/21
Committee: TRAN
Amendment 111 #

2021/0211(COD)

Proposal for a directive
Recital 43
(43) The Communication of the Commission on Stepping up Europe’s 2030 climate ambition57 , underlined the particular challenge to reduce the emissions in the sectors of road transport and buildings. Therefore, the Commission announced that a further expansion of emissions trading could include emissions from road transport and buildings. Emissions trading for these two new sectors would be established through separate but adjacent emissions trading. This would avoid any disturbance of the well-functioning emissions trading in the sectors of stationary installations and aviation. The new system is accompanied by complementary policies and measures safeguarding against undue price impacts, shaping expectations of market participants and aiming for a carbon price signal for the whole economy. Previous experience has shown that the development of the new market requires setting up an efficient monitoring, reporting and verification system. In view of ensuring synergies and coherence with the existing Union infrastructure for the EU ETS covering the emissions from stationary installations and aviation, it is appropriate to set up emissions trading for the road transport and buildings sectors via an amendment to Directive 2003/87/ЕC. __________________ 57 COM(2020)562 final.deleted
2022/02/08
Committee: TRAN
Amendment 119 #

2021/0211(COD)

Proposal for a directive
Recital 44
(44) In order to establish the necessary implementation framework and to provide a reasonable timeframe for reaching the 2030 target, emissions trading in the two new sectors should start in 2025. During the first year, the regulated entities should be required to hold a greenhouse gas emissions permit and to report their emissions for the years 2024 and 2025. The issuance of allowances and compliance obligations for these entities should be applicable as from 2026. This sequencing will allow starting emissions trading in the sectors in an orderly and efficient manner. It would also allow the EU funding and Member State measures to be in place to ensure a socially fair introduction of the EU emissions trading into the two sectors so as to mitigate the impact of the carbon price on vulnerable households and transport users.deleted
2022/02/08
Committee: TRAN
Amendment 130 #

2021/0211(COD)

Proposal for a directive
Recital 45
(45) Due to the very large number of small emitters in the sectors of buildings and road transport, it is not possible to establish the point of regulation at the level of entities directly emitting greenhouse gases, as is the case for stationary installations and aviation. Therefore, for reasons of technical feasibility and administrative efficiency, it is more appropriate to establish the point of regulation further upstream in the supply chain. The act that triggers the compliance obligation under the new emissions trading should be the release for consumption of fuels which are used for combustion in the sectors of buildings and road transport, including for combustion in road transport of greenhouse gases for geological storage. To avoid double coverage, the release for consumption of fuels which are used in other activities under Annex I to Directive 2003/87/EC should not be covered.deleted
2022/02/08
Committee: TRAN
Amendment 134 #

2021/0211(COD)

Proposal for a directive
Recital 46
(46) The regulated entities in the two new sectors and the point of regulation should be defined in line with the system of excise duty established by Council Directive (EU) 2020/26258 , with the necessary adaptations, as that Directive already sets a robust control system for all quantities of fuels released for consumption for the purposes of paying excise duties. End-users of fuels in those sectors should not be subject to obligations under Directive 2003/87/EC. __________________ 58Council Directive (EU) 2020/262 of 19 December 2019 laying down the general arrangements for excise duty (OJ L 58 27.2.2020, p. 4).deleted
2022/02/08
Committee: TRAN
Amendment 138 #

2021/0211(COD)

Proposal for a directive
Recital 47
(47) The regulated entities falling within the scope of the emissions trading in the sectors of buildings and road transport should be subject to similar greenhouse gas emissions permit requirements as the operators of stationary installations. It is necessary to establish rules on permit applications, conditions for permit issuance, content, and review, and any changes related to the regulated entity. In order for the new system to start in an orderly manner, Member States should ensure that regulated entities falling within the scope of the new emissions trading have a valid permit as of the start of the system in 2025.deleted
2022/02/08
Committee: TRAN
Amendment 147 #

2021/0211(COD)

Proposal for a directive
Recital 48
(48) The total quantity of allowances for the new emissions trading should follow a linear trajectory to reach the 2030 emissions reduction target, taking into account the cost-efficient contribution of buildings and road transport of 43 % emission reductions by 2030 compared to 2005. The total quantity of allowances should be established for the first time in 2026, to follow a trajectory starting in 2024 from the value of the 2024 emissions limits (1 109 304 000 CO2t), calculated in accordance with Article 4(2) of Regulation (EU) 2018/842 of the European Parliament and of the Council59 on the basis of the reference emissions for these sectors for the period from 2016 to 2018. Accordingly, the linear reduction factor should be set at 5,15 %. From 2028, the total quantity of allowances should be set on the basis of the average reported emissions for the years 2024, 2025 and 2026, and should decrease by the same absolute annual reduction as set from 2024, which corresponds to a 5,43 % linear reduction factor compared to the comparable 2025 value of the above defined trajectory. If those emissions are significantly higher than this trajectory value and if this divergence is not due to small-scale differences in emission measurement methodologies, the linear reduction factor should be adjusted to reach the required emissions reduction in 2030. __________________ 59Regulation (EU) 2018/842 of the European Parliament and of the Council of 30 May 2018 on binding annual greenhouse gas emission reductions by Member States from 2021 to 2030 contributing to climate action to meet commitments under the Paris Agreement and amending Regulation (EU) No 525/2013 (OJ L 156, 19.6.2018, p. 26).deleted
2022/02/08
Committee: TRAN
Amendment 154 #

2021/0211(COD)

Proposal for a directive
Recital 49
(49) The auctioning of allowances is the simplest and the most economically efficient method for allocating emission allowances, which also avoids windfall profits. Both the buildings and road transport sectors are under relatively small or non-existent competitive pressure from outside the Union and are not exposed to a risk of carbon leakage. Therefore, allowances for buildings and road transport should only be allocated via auctioning without there being any free allocation.deleted
2022/02/08
Committee: TRAN
Amendment 159 #

2021/0211(COD)

Proposal for a directive
Recital 50
(50) In order to ensure a smooth start to emissions trading in the buildings and road transport sectors and taking into account the need of the regulated entities to hedge or buy ahead allowances to mitigate their price and liquidity risk, a higher amount of allowances should be auctioned early on. In 2026, the auction volumes should therefore be 30 % higher than the total quantity of allowances for 2026. This amount would be sufficient to provide liquidity, both if emissions decrease in line with reduction needs, and in the event emission reductions only materialise progressively. The detailed rules for this front-loading of auction volume are to be established in a delegated act related to auctioning, adopted pursuant to Article 10(4) of Directive 2003/87/EC.deleted
2022/02/08
Committee: TRAN
Amendment 163 #

2021/0211(COD)

Proposal for a directive
Recital 51
(51) The distribution rules on auction shares are highly relevant for any auction revenues that would accrue to the Member States, especially in view of the need to strengthen the ability of the Member States to address the social impacts of a carbon price signal in the buildings and road transport sectors. Notwithstanding the fact that the two sectors have very different characteristics, it is appropriate to set a common distribution rule similar to the one applicable to stationary installations. The main part of allowances should be distributed among all Member States on the basis of the average distribution of the emissions in the sectors covered during the period from 2016 to 2018.deleted
2022/02/08
Committee: TRAN
Amendment 169 #

2021/0211(COD)

Proposal for a directive
Recital 52
(52) The introduction of the carbon price in road transport and buildings should be accompanied by effective social compensation, especially in view of the already existing levels of energy poverty. About 34 million Europeans reported an inability to keep their homes adequately warm in 2018, and 6,9 % of the Union population have said that they cannot afford to heat their home sufficiently in a 2019 EU-wide survey60 . To achieve an effective social and distributional compensation, Member States should be required to spend the auction revenues on the climate and energy-related purposes already specified for the existing emissions trading, but also for measures added specifically to address related concerns for the new sectors of road transport and buildings, including related policy measures under Directive 2012/27/EU of the European Parliament and of the Council61 . Auction revenues should be used to address social aspects of the emission trading for the new sectors with a specific emphasis in vulnerable households, micro-enterprises and transport users. In this spirit, a new Social Climate Fund will provide dedicated funding to Member States to support the European citizens most affected or at risk of energy or mobility poverty. This Fund will promote fairness and solidarity between and within Member States while mitigating the risk of energy and mobility poverty during the transition. It will build on and complement existing solidarity mechanisms. The resources of the new Fund will in principle correspond to 25 % of the expected revenues from new emission trading in the period 2026-2032, and will be implemented on the basis of the Social Climate Plans that Member States should put forward under Regulation (EU) 20…/nn of the European Parliament and the Council62 . In addition, each Member State should use their auction revenues inter alia to finance a part of the costs of their Social Climate Plans. __________________ 60 Data from 2018. Eurostat, SILC [ilc_mdes01]. 61Directive 2012/27/EU of the European Parliament and of the Council of 25 October 2012 on energy efficiency, amending Directives 2009/125/EC and 2010/30/EU and repealing Directives 2004/8/EC and 2006/32/EC (OJ L 315, 14.11.2012, p. 1–56). 62[Add ref to the Regulation establishing the Social Climate Fund].deleted
2022/02/08
Committee: TRAN
Amendment 176 #

2021/0211(COD)

Proposal for a directive
Recital 53
(53) Reporting on the use of auctioning revenues should be aligned with the current reporting established by Regulation (EU) 2018/1999 of the European Parliament and of the Council63 . __________________ 63 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. 1–77).deleted
2022/02/08
Committee: TRAN
Amendment 182 #

2021/0211(COD)

Proposal for a directive
Recital 54
(54) Innovation and development of new low-carbon technologies in the sectors of buildings and road transport are crucial for ensuring the cost-efficient contribution of these sectors to the expected emission reductions. Therefore, 150 million allowances from emissions trading in the buildings and road transport sectors should also be made available to the Innovation Fund to stimulate the cost-efficient emission reductions.deleted
2022/02/08
Committee: TRAN
Amendment 186 #

2021/0211(COD)

Proposal for a directive
Recital 55
(55) Regulated entities covered by the buildings and road transport emissions trading should surrender allowances for their verified emissions corresponding to the quantities of fuels they have released for consumption. They should surrender allowances for the first time for their verified emissions in 2026. In order to minimise the administrative burden, a number of rules applicable to the existing emissions trading system for stationary installations and aviation should be made applicable to emissions trading for buildings and road transport, with the necessary adaptations. This includes, in particular, rules on transfer, surrender and cancellation of allowances, as well as the rules on the validity of allowances, penalties, competent authorities and reporting obligations of Member States.deleted
2022/02/08
Committee: TRAN
Amendment 191 #

2021/0211(COD)

Proposal for a directive
Recital 56
(56) For emissions trading in the buildings and road transport sectors to be effective, it should be possible to monitor emissions with high certainty and at reasonable cost. Emissions should be attributed to regulated entities on the basis of fuel quantities released for consumption and combined with an emission factor. Regulated entities should be able to reliably and accurately identify and differentiate the sectors in which the fuels are released for consumption, as well as the final users of the fuels, in order to avoid undesirable effects, such as double burden. To have sufficient data to establish the total number of allowances for the period from 2028 to 2030, the regulated entities holding a permit at the start of the system in 2025 should report their associated historical emissions for 2024.deleted
2022/02/08
Committee: TRAN
Amendment 198 #

2021/0211(COD)

Proposal for a directive
Recital 57
(57) It is appropriate to introduce measures to address the potential risk of excessive price increases, which, if particularly high at the start of the buildings and road transport emissions trading, may undermine the readiness of households and individuals to invest in reducing their greenhouse gas emissions. These measures should complement the safeguards provided by the Market Stability Reserve established by Decision (EU) 2015/1814 of the European Parliament and of the Council64 and that became operational in 2019. While the market will continue to determine the carbon price, safeguard measures will be triggered by rules-based automatism, whereby allowances will be released from the Market Stability Reserve only if concrete triggering conditions based on the increase in the average allowance price are met. This additional mechanism should also be highly reactive, in order to address excessive volatility due to factors other than changed market fundamentals. The measures should be adapted to different levels of excessive price increase, which will result in different degrees of the intervention. The triggering conditions should be closely monitored by the Commission and the measures should be adopted by the Commission as a matter of urgency when the conditions are met. This is without prejudice to any accompanying measures that Member States may adopt to address adverse social impacts. __________________ 64Decision (EU) 2015/1814 of the European Parliament and of the Council of 6 October 2015 concerning the establishment and operation of a market stability reserve for the Union greenhouse gas emission trading scheme and amending Directive 2003/87/EC (OJ L 264, 9.10.2015, p. 1).deleted
2022/02/08
Committee: TRAN
Amendment 207 #

2021/0211(COD)

Proposal for a directive
Recital 58
(58) The application of emissions trading in the buildings and road transport sectors should be monitored by the Commission, including the degree of price convergence with the existing ETS, and, if necessary, a review should be proposed to the European Parliament and the Council to improve the effectiveness, administration and practical application of emissions trading for those sectors on the basis of acquired knowledge as well as increased price convergence. The Commission should be required to submit the first report on those matters by 1 January 2028.deleted
2022/02/08
Committee: TRAN
Amendment 210 #

2021/0211(COD)

Proposal for a directive
Recital 59
(59) In order to ensure uniform conditions for the implementation of Articles 3gd(3), 12(3b) and 14(1) of Directive 2003/87/EC, implementing powers should be conferred on the Commission. To ensure synergies with the existing regulatory framework, the conferral of implementing powers in Articles 14 and 15 of that Directive should be extended to cover the sectors of road transport and buildings. Those implementing powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council65 . __________________ 65Regulation (EU) No 182/2011 of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by the Member States of the Commission's exercise of implementing powers (OJ L 55, 28.02.2011, p. 13).deleted
2022/02/08
Committee: TRAN
Amendment 217 #

2021/0211(COD)

Proposal for a directive
Recital 60
(60) In order to adopt non-legislative acts of general application to supplement or amend certain non-essential elements of a legislative act, 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 Articles 10(4) and 10a(8) of that Directive. Moreover, to ensure synergies with the existing regulatory framework, the delegation in Articles 10(4) and 10a(8) of Directive 2003/87/EC should be extended to cover the sectors of road transport and buildings. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement 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. In accordance with the Joint Political Declaration of 28 September 2011 of Member States and the Commission on explanatory documents66 , Member States have undertaken to accompany, in justified cases, the notification of their transposition measures with one or more documents explaining the relationship between the components of a directive and the corresponding parts of national transposition instruments. With regard to this Directive, the legislator considers the transmission of such documents to be justified __________________ 66deleted OJ C 369, 17.12.2011, p. 14.
2022/02/08
Committee: TRAN
Amendment 403 #

2021/0211(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 21
Directive 2003/87/EC
Chapter IVa
(21) The following Chapter IVa is inserted after Article 30: “CHAPTER IVa EMISSIONS TRADING SYSTEM FOR BUILDINGS AND ROAD TRANSPORT [...]deleted
2022/02/08
Committee: TRAN
Amendment 408 #

2021/0211(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 21
Directive 2003/87/EC
Article 30a
Article 30a Scope [...]deleted
2022/02/08
Committee: TRAN
Amendment 410 #

2021/0211(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 21
Directive 2003/87/EC
Article 30b
Article 30b Greenhouse emissions permits [...]deleted
2022/02/08
Committee: TRAN
Amendment 413 #

2021/0211(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 21
Directive 2003/87/EC
Article 30c
Article 30c Total quantity of allowances […]deleted
2022/02/08
Committee: TRAN
Amendment 415 #

2021/0211(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 21
Directive 2003/87/EC
Article 30d
Article 30d Auctioning of allowances for the activity referred to in Annex III [...]deleted
2022/02/08
Committee: TRAN
Amendment 428 #

2021/0211(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 21
Article 30e Transfer, surrender and cancellation of allowances […]deleted
2022/02/08
Committee: TRAN
Amendment 430 #

2021/0211(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 21
Directive 2003/87/EC
Article 30f
Article 30f Monitoring, reporting, verification of emissions and accreditation […]deleted
2022/02/08
Committee: TRAN
Amendment 435 #

2021/0211(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 21
Article 30g Administration […]deleted
2022/02/08
Committee: TRAN
Amendment 436 #

2021/0211(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 21
Directive 2003/87/EC
Article 30h
Article 30h Measures in the event of excessive price increase […]deleted
2022/02/08
Committee: TRAN
Amendment 444 #

2021/0211(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 21
Directive 2003/87/EC
Article 30i
Article 30i Review of this Chapter […]deleted
2022/02/08
Committee: TRAN
Amendment 448 #

2021/0211(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 22
Directive 2003/87/EC
Annexes
(22) Annexes I, IIb, IV and V to Directive 2003/87/EC are amended in accordance with Annex I to this Directive, and Annexes III, IIIa and IIIb are inserted in Directive 2003/87/EC as set out in Annex I to this Directive.deleted
2022/02/08
Committee: TRAN
Amendment 477 #

2021/0211(COD)

Proposal for a directive
Annex I – point 2
Directive 2003/87/EC
Annex III
“ANNEX III ACTIVITY COVERED BY CHAPTER IVa [...]deleted
2022/02/08
Committee: TRAN
Amendment 482 #

2021/0211(COD)

Proposal for a directive
Annex I – point 2
Directive 2003/87/EC
Annex IIIa
ANNEX IIIa ADJUSTMENT OF LINEAR REDUCTION FACTOR IN ACCORDANCE WITH ARTICLE 30c(2) […]deleted
2022/02/08
Committee: TRAN
Amendment 17 #

2021/0207(COD)

Proposal for a directive
Recital 1
(1) Directive 2003/87/EC of the European Parliament and of the Council10 established a system for greenhouse gas emission allowance trading within the Union, in order to promote reductions of greenhouse gas emissions in a cost- effective and economically efficient manner. Aviation activities related to all flights departing from or arriving at an aerodrome in the Union were included in the EU emissions trading system by Directive 2008/101/EC of the European Parliament and of the Council11 . _________________ 10 Directive 2003/87/EC of the European Parliament and of the Council of 13 October 2003 establishing a system for greenhouse gas emission allowance trading within the Union and amending Council Directive 96/61/EC (OJ L 275, 25.10.2003, p. 32). 11Directive 2008/101/EC of the European Parliament and of the Council of 19 November 2008 amending Directive 2003/87/EC so as to include aviation activities in the scheme for greenhouse gas emission allowance trading within the Community (OJ L 8, 13.1.2009, p. 3).
2022/02/21
Committee: TRAN
Amendment 19 #

2021/0207(COD)

Proposal for a directive
Recital 1 a (new)
(1a) In April 2013, the Union, under international pressure, discontinued the enforcement of certain provisions of Directive 2008/101/EC by introducing the so-called ‘stop the clock’ derogation, which excluded all extra-EU flights from the EU ETS. The derogation was put in place in order for the International Civil Aviation Organization (ICAO) to establish a global agreement on regulating international aviation emissions, and it has been extended twice, first until 2017 and subsequently until 2023.
2022/02/21
Committee: TRAN
Amendment 22 #

2021/0207(COD)

Proposal for a directive
Recital 2
(2) The Paris Agreement, adopted in December 2015 under the United Nations Framework Convention on Climate Change (UNFCCC) entered into force in November 2016 (“the Paris Agreement”)12. The parties to the Paris Agreement have agreed to hold the increase in the global average temperature well below 2 °C above pre-industrial levels and to pursue efforts to limit the temperature increase to 1,5 °C above pre-industrial levels. In order to achieve the objectives of the Paris Agreement, all sectors of the economy need to contribute to achieving emission reductions, including international aviation. Given that experts’ estimations, announced during the 2021 United Nations Climate Change Conference(COP26), held in Glasgow from 31 October to 13 November 2021, indicate that the world is on a path to experiencing an average temperature increase of between1,8°C and 2,4°C, the Parties agreed in their conclusions of COP26 to revisit their commitments, as necessary, by the end of 2022 to be back on track for1,5°C of warming, maintaining the upper end of ambition under the Paris Agreement. In order to achieve the objectives of the Paris Agreement, all sectors of the economy need to contribute to achieving emission reductions, including international aviation. During COP26, the International Aviation Climate Ambition Coalition was launched, whereby 23countries adopted a declaration committing to ambitious action on international aviation emissions, including through a new global goal and the promotion of cleaner fuels and technologies. _________________ 12 Paris Agreement (OJ L 282, 19.10.2016, p. 4).
2022/02/21
Committee: TRAN
Amendment 23 #

2021/0207(COD)

Proposal for a directive
Recital 2 a (new)
(2a) While the COVID-19 pandemic caused a temporary reduction of aviation traffic, existing pre-COVID-19 pandemic projections point to an annual increase in aviation emissions at global and Union level by 53 % and 150 % until 2040, compared to2017 and 2020, respectively2a
2022/02/21
Committee: TRAN
Amendment 24 #

2021/0207(COD)

Proposal for a directive
Recital 2 b (new)
(2b) Swift policy action is therefore needed in order to regulate aviation emissions at Union and global level by increasing the level of ambition through the use of carbon pricing tools based on environmental integrity and the efficient interplay between the global and Union market-based instruments that ensure aviation’s contribution to economy-wide emissions reduction.
2022/02/21
Committee: TRAN
Amendment 25 #

2021/0207(COD)

Proposal for a directive
Recital 3
(3) The International Civil Aviation Organization (ICAO) Council adopted the First Edition of the International Standards and Recommended Practices on Environmental Protection - Carbon Offsetting and Reduction Scheme for International Aviation (CORSIA) (Annex 16, Volume IV to the Chicago Convention) at the tenth meeting of its 214th session on 27 June 2018. The Union and its Member States continue to support CORSIA and are committed to implement it from the start of the pilot phase 2021-202313 implement CORSIA from the start of the pilot phase 2021-202313 . However, in terms of its effectiveness in reaching the Paris Agreement goals as well as the Union's climate targets, CORSIA's level of ambition for the international aviation sector is not in line with the global level of ambition required to keep within the temperature goals of the Paris Agreement3a. The Union and its Member States should therefore be actively involved in climate diplomacy with the purpose of increasing the coverage of CORSIA, improving its environmental integrity, and thereby ensuring that it effectively reduces aviation emissions. It is also important that the enforceability and transparency linked to CORSIA be improved adequately. _________________ 13Council Decision (EU) 2020/954 of 25 June 2020 on the position to be taken on behalf of the European Union within the International Civil Aviation Organization as regards the notification of voluntary participation in the Carbon Offsetting and Reduction Scheme for International Aviation (CORSIA) from 1 January 2021 and the option selected for calculating aeroplane operators’ offsetting requirements during the 2021-2023 period (OJ L 212, 3.7.2020, p. 14).
2022/02/21
Committee: TRAN
Amendment 29 #

2021/0207(COD)

Proposal for a directive
Recital 7
(7) The Union has enshrined into legislation the target of economy-wide climate neutrality by 2050 at the latest in Regulation (EU) 2021/1119 of the European Parliament and of the Council17 . That Regulation also establishes a binding Union domestic reduction commitment of net greenhouse gas emissions (emissions after deduction of removals) by at least 55% below 1990 levels by 2030. _________________ 17Regulation (EU) 2021/1119 of the European Parliament and of the Council of 30 June 2021 establishing the framework for achieving climate neutrality (European Climate Law) (OJ L 243, 9.7.2021, p. 1).
2022/02/21
Committee: TRAN
Amendment 30 #

2021/0207(COD)

Proposal for a directive
Recital 8
(8) This amendment to Directive 2003/87/EC aims at the implementation for aviation of the Union’s contributions under the Paris Agreement, and of the regulatory framework to achieve the binding Union 2030 climate target of a domestic reduction of net greenhouse gas emissions by at least 55 % compared to 1990 levels by 2030 set out in Regulation (EU) 2021/ … .In this respect, in addition to actions aimed at reducing or mitigating the climate change impact of CO2, this Directive should also put forward measures to address non- CO2emissions from aviation.
2022/02/21
Committee: TRAN
Amendment 34 #

2021/0207(COD)

Proposal for a directive
Recital 9
(9) Aviation should contribute to the emission reduction efforts necessary for the Union’s 2030 and 2050 climate targets. Therefore, the total quantity of allowances for aviation should be consolidated and subject to the linear reduction factor.
2022/02/21
Committee: TRAN
Amendment 35 #

2021/0207(COD)

Proposal for a directive
Recital 10
(10) Achieving the increased climate ambition will require channelling as many resources as possible to the climate transition. As a result, all auction revenues that are not attributed to the Union budget should be used for climate-related purposes. For the ETS revision for phase four (2021-2030), an increase in auction revenues is envisaged within the aviation sector due to the phasing-out of free allowances and the coverage of flights between the Union and third countries. The share of such increased auction revenues that is attributed to the general budget of the Union as well as the revenue from payments of penalties settled by the aircraft operators in accordance with Article 16 of Directive 2003/87/EC should be allocated to the Innovation Fund and used entirely for enabling a just and sustainable transition to the decarbonisation of the aviation sector. That funding should be used especially for operational, aeronautics, airframe and new propulsion technologies, and sustainable aviation fuels to reduce the climate and environmental impacts of the aviation sector. Funding should be inclusive in terms of the involvement of stakeholders from public and private sectors representing a broad geographical and competence base across the Member States. The 'Fit for 55' legislative package, in general, and this Directive, in particular, should acknowledge the social dimension of the transition towards sustainable aviation. In order to ensure there is a socially just transition in this regard and protect the most vulnerable actors within the sector, an enhanced social dialogue at all stages should be promoted. Moreover, the availability of funds within relevant funding mechanisms under the EU ETS should be ensured in order to provide training, re- skilling, and up-skilling for workers, and, where appropriate, financial schemes to manage any unemployment risks due to the transitional measures taken in the sector.
2022/02/21
Committee: TRAN
Amendment 65 #

2021/0207(COD)

Proposal for a directive
Recital 19
(19) As CORSIA implementation and enforcement for aircraft operators based outside the Union is meant to belong solely to the home country of these aircraft operators, implementing CORSIA for flights other than flights departing from an aerodrome located in the EEA and arriving at an aerodrome located in the EEA, in Switzerland or in the United Kingdom means exempting aircraft operators based outside the Union from the EU ETS obligations for these flights.deleted
2022/02/21
Committee: TRAN
Amendment 70 #

2021/0207(COD)

Proposal for a directive
Recital 20
(20) To ensure equal treatment on routes, flights to and from countries that are not implementing CORSIA should be exemptAircraft operators should not be able to subtract the financial value of CORSIA credits from EU ETS or CORSIA obligations. To incentivise full implementation of CORSIA starting in 2027, the exemption should only apply to emissions up to 31 December 2026allowances for flights to and from countries that are not implementing CORSIA.
2022/02/21
Committee: TRAN
Amendment 71 #

2021/0207(COD)

Proposal for a directive
Recital 20 a (new)
(20a) The Union should do its utmost to advance the deployment and ensure strengthened ambition in the international carbon-offsetting scheme, CORSIA and support adopting a long- term goal to reduce global aviation emissions.
2022/02/21
Committee: TRAN
Amendment 72 #

2021/0207(COD)

Proposal for a directive
Recital 22
(22) In order to ensure uniform conditions for exempting aircraft operators from surrender requirements as laid down in Article 12(8) of Directive 2003/87/EC in respect of emissions from flights to and from countries applying CORSIA in a less stringent manner in its domestic law, or failing to enforce CORSIA provisions in a manner equal to all aircraft operators pursuant to Article 25a(7) of that Directive, implementing powers should be conferred on the Commission to exempt airlines based in the Union from surrender requirements in respect of emissions from flights where a significant distortion of competition to the detrimentApplying the EU ETS in conjunction with CORSIA would lead to the creation of uniform conditions and equal treatment for both Union and third country aircraft operators, in the surrendering of requirements as laid down in Article 3e of aDirlines based in the Union occurs due to a less stringent implementation or enforcement of CORSIA in the third country. The distortion of competition could be caused by a less stringent approach to eligible offset credits or double counective 2003/87/EC in respect of emissions from flights departing pfrovisions. Those powers should be exercised m and arriving accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Councilt Union aerodromes.
2022/02/21
Committee: TRAN
Amendment 91 #

2021/0207(COD)

Proposal for a directive
Recital 26 a (new)
(26a) A significant amount of the Innovation Fund should support advance research and development in the aviation sector, in particular those related to deployment of decarbonisation solutions and sustainable aviation fuels.
2022/02/21
Committee: TRAN
Amendment 106 #

2021/0207(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 1 – point b
Directive 2003/87/EC
Article 3 c – paragraph 6
6. In respect of flights departing from abetween aerodromes located in the EEA which arrive at, in Switzerland or in the United Kingdom, and aerodromes located inoutside the EEA, in Switzerland or in the United Kingdom, which were not covered by the EU ETS in 2023, the total quantity of allowances to be allocated to aircraft operators shall be increased by the levels of allocations, including free allocation and auctioning, which would have been made if they were covered by the EU ETS in that year, reduced by the linear reduction factor specified in Article 9.
2022/02/21
Committee: TRAN
Amendment 110 #

2021/0207(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 1 – point b
Directive 2003/87/EC
Article 3 c – paragraph 7
7. By way of derogation from Articles 12(2a), 14(3) and Article 16, Member States shall consider the requirements set out in those provisions to be satisfied and shall take no action against aircraft operators in respect of emissions taking place until 20305 from flights between an aerodrome located in an outermost region, a dependency or territory of a Member State and an aerodrome located in the same Member State outside that outermost region, dependency or territory.;
2022/02/21
Committee: TRAN
Amendment 137 #

2021/0207(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 3
Directive 2003/87/EC
Article 3 f
(3) Articles 3e and 3f areis deleted;
2022/02/21
Committee: TRAN
Amendment 139 #

2021/0207(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 3 a (new)
Directive 2003/87/EC
Article 3 e
(3a) Article 3e is replaced by the following: Article 3e 'Integration of the EU ETS and CORSIA 1. In order to ensure that economy- wide emissions reductions remain at a level that is consistent with the Union’s nationally determined contribution for 2030, and by way of derogation from Article 25a, from 1 April 2025, aircraft operators shall surrender allowances for emissions from flights other than flights departing from an aerodrome located in the EEA and arriving at an aerodrome located in the EEA, in Switzerland or in the United Kingdom in the previous calendar year. For emissions from flights departing from an aerodrome located in the EEA and arriving at an aerodrome located in the EEA, in Switzerland or in the United Kingdom, aircraft operators shall surrender allowances in accordance with Articles 3d and 3c. 2. The total quantity of allowances to be allocated shall be increased to cover two thirds of verified emissions from additional departing and incoming flights in 2023, to account for the increased scope following the completion of the surrendering exercise in 2024. The linear reduction factor as detailed in articles 9 and 28a shall continue to apply. 3. To ensure that emissions are not priced twice for departing and incoming flights and to take due account of CORSIA's offsetting obligations above a baseline set at 2019 levels for the years 2021-2023 and set at the average of 2019- 2020 levels for the years 2024-2035, aircraft operators shall be reimbursed for the financial value of expenditure on credits which they had used under CORSIA for extra-EU routes. The Commission is empowered to adopt delegated acts in accordance with Article 23 to supplement this Directive in order to determine the methodology and mechanism for carrying out this reimbursement, which could require converting the financial value of CORSIA credits into EU ETS allowances. The Commission shall consider the average price of EU ETS allowances as the average price of the last year in which auctions on the common auction platform took place. 4. The use of revenues linked to flights covered by this Article in the EU ETS shall be the following and the provisions of this Article do not apply for emissions from flights departing from an aerodrome located in the EEA and arriving at an aerodrome located in the EEA, in Switzerland or in the United Kingdom: (a) 50 % shall be used to finance projects administered through the European Climate, Infrastructure and Environment Executive Agency (CINEA), to reduce aviation’s total climate impact, including through the use of prizes to reward zero emissions technologies as provided for in Commission Delegated Regulation (EU) 2019/8561a; (b) 20 % of the revenues generated shall be used to contribute to UNFCCC climate funds, in particular the Green Climate Fund and the Adaptation Fund, to advance international action to mitigate the impact of climate change on the most vulnerable communities; (c) 30 % of revenues generated shall be used as determined by Member States in line with Article 10(3).
2022/02/21
Committee: TRAN
Amendment 146 #

2021/0207(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 4 a (new)
Directive 2003/87/EC
Article 10 a – paragraph 8 – subparagraph 2 a (new)
(https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A02003L0087-)(4a) In Article 10a (8), the following subparagraph 2a is inserted "The amount of revenues from auctioning of allowances and penalties from the aviation sector allocated to the Innovation Fund shall fund investment in innovation and new technologies in the aviation sector, in particular for: (a) improvement of operational, aeronautics and airframe solutions; (b) deployment of new propulsion technologies, like battery- and turbo- electric technologies, as well as hydrogen combustion in turbines and fuel cells that power electric motors; (c) deployment of sustainable aviation fuels, such as renewable fuels of non- biological origin (RFNBO) from renewable hydrogen and direct air capture (DAC), including through carbon contracts for difference aimed at bridging the price difference between zero- emissions fuels and conventional fuels; (d) deployment of monitoring and reporting technologies for CO2 and non- CO2 emissions; (e) research on the non-CO2 impacts, including formation of contrails and cirrus clouds. The revenues shall also support social dialogue among relevant stakeholders in the aviation sector, as well as for training, re-skilling, and up-skilling for workers, and, where appropriate, for financial schemes to manage eventual unemployment risks due to transition of the sector. The decision-making process, in particular in relation to the setting of priority areas, criteria and grant allocation procedures, shall be transparent and inclusive and shall take into consideration the adequate involvement of stakeholders, including the industry, SMEs, non-governmental organisations, entrepreneurial initiatives, research organisations, higher education establishments and universities representing a wide geographical and competence base across the Member States. Relevant stakeholders shall have an appropriate consultative role. All information on the projects and investments supported by the Innovation Fund and all other relevant information on its functioning shall be made available to the public. By … [12 months after the entry into force of this Directive], the Commission shall present a report to the European Parliament and to the Council evaluating the environmental and climate impacts and the technical and economic viability of establishing specific requirements for regional and lower-end of the short-range flights segment to reduce such impacts, including the setting of higher minimum shares of sustainable aviation fuels to be referred to in a Union regulation on ensuring a level playing field for sustainable air transport as well as possibilities for alternative routing for these types of flights, taking into account the alternative modes of public transport available to cover such services in a competitive period of time.'" Or. en
2022/02/21
Committee: TRAN
Amendment 167 #

2021/0207(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 6 a (new)
Directive 2003/87/EC
Article 14 – paragraph 3 a (new)
(https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A02003L0087-20200101)(6a) In Article 14, the following paragraph is added: "3a. All emissions data related to aircraft operators communicated to Member States and the Commission, including data communicated in accordance with Article 7 of Commission Delegated Regulation (EU) 2019/1603, shall be reported and published by the Commission, per aircraft operator and per airport pair in a user-friendly manner. The data for each year shall be published without delay. Those data shall include at least the following: (a) emissions data broken down by aircraft operator and by airport pairs; (b) load factors, aircraft type, fuel type and fuel consumption per airport pair for each aircraft operator; (c) the amount of offsetting, calculated in accordance with Article 12(7); (d) the amount and type of eligible fuels used to comply with part or all of their offsetting; (e) the amount and type of carbon credits used to comply with part or all of their offsetting." Or. en
2022/02/21
Committee: TRAN
Amendment 168 #

2021/0207(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 6 b (new)
Directive 2003/87/EC
Article 14 – paragraph 3 b (new)
(https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A02003L0087-20200101)(6b) In Article 14, the following paragraph is added: "3b. By … [6 months after the entry into force of this Directive], the Commission, in cooperation with EASA and EEA, shall establish a pilot monitoring, reporting and verification (MRV) scheme with the objective to establish a solid MRV methodology adapted to the specificities of non-CO2 emissions and their climate impact and to develop a robust CO2 equivalence calculation for non-CO2 effects. The pilot MRV shall ensure that at least the following data at cruising altitude is monitored, reported and verified: (a) fuel flow-mass of aircraft; (b) ambient humidity; (c) latitude, longitude and altitude; (d) humidity and temperature; (e) emission indices per for CO2, H2O and NOx; (f) CO2 equivalents per flight. All data reported through the pilot MRV shall be published aggregated on an airport pair level annually per airline. Data collected through the pilot MRV shall be submitted to EASA, the EEA and the European Parliament annually. By … [30 months after the entry into force of this Directive], the Commission shall present a report to the European Parliament and the Council on the results of the MRV pilot, accompanied, where appropriate, by a legislative proposal to amend this Directive with a view to introducing MRV requirements for non- CO2 aviation emissions and to expanding the scope of the EU ETS to non-CO2 aviation emissions while specifying the amount of EU ETS allowances required to cover the CO2 equivalent per flight calculated under the pilot MRV." Or. en
2022/02/21
Committee: TRAN
Amendment 66 #

2021/0205(COD)

Proposal for a regulation
Recital 6
(6) A key objective of the common transport policy is sustainable development. This requires an integrated approach aimed at ensuring both the effective functioning of Union transport systems, compliance with labour and social regulations, and protection of the environment. Sustainable development of air transport requires the introduction of measures aimed at reducing the carbon emissions from aircraft flying from Union airports. Such measures should contribute to meeting the Union’s climate objectives by 2030 and 2050.
2022/03/14
Committee: TRAN
Amendment 187 #

2021/0205(COD)

Proposal for a regulation
Recital 32 a (new)
(32 a) Aircraft operators and fuel suppliers under this Regulation should fulfil their due diligence obligations and identify, address and mitigate human rights and environmental impacts. These rules should apply to all companies operating in the EU internal market and ensure sanctions for violations and legal support for affected parties in third countries.
2022/03/14
Committee: TRAN
Amendment 192 #

2021/0205(COD)

Proposal for a regulation
Article 1 – paragraph 1
This Regulation lays down harmonised rules on sustainable aviation. This concerns the uptake and supply of sustainable aviation fuels. , duties for aircraft operators and Union airports as well as providing a regulatory framework.
2022/03/14
Committee: TRAN
Amendment 286 #

2021/0205(COD)

Proposal for a regulation
Article 5 – paragraph 1 a (new)
Compulsory refuelling of sustainable aviation fuel shall also be promoted at airports outside the EU. To this end, future agreements as well as amendments to existing agreements must include a reference to the obligation to refuel with alternative aviation fuels in order to ensure fair competition. The Commission shall develop a strategy for this purpose and submit a report by 1 January 2025 at the latest.
2022/03/14
Committee: TRAN
Amendment 298 #

2021/0205(COD)

Proposal for a regulation
Article 6 – title
6 Obligations of Union airports to provide the infrastructure and emission- free operation
2022/03/14
Committee: TRAN
Amendment 330 #

2021/0205(COD)

Proposal for a regulation
Article 6 – paragraph 3 a (new)
Union airports shall ensure that all their activities operate without fossil fuels by 1 January 2035 at the latest. This includes the energy supply of all buildings and facilities at the airport, services for stationary aircraft and by off-road vehicles on the airport apron as well as other motorised vehicles for the transport of people and goods.
2022/03/14
Committee: TRAN
Amendment 354 #

2021/0205(COD)

Proposal for a regulation
Article 7 – paragraph 1 a (new)
Aircraft operators under this Regulation shall fulfil their due diligence obligations, in particular by ensuring labour, social and environmental standards along the global value chains. In their annual reports to the Agency, aircraft operators shall provide information on the progress made and report violations.
2022/03/14
Committee: TRAN
Amendment 367 #

2021/0205(COD)

Proposal for a regulation
Article 9 – paragraph 1 a (new)
Fuel suppliers shall fulfil their due diligence obligations by ensuring, in particular, labour, social and environmental standards along all global value chains. In their annual reports to the Agency, they shall provide information on the progress made and report violations;
2022/03/14
Committee: TRAN
Amendment 379 #

2021/0205(COD)

Proposal for a regulation
Article 11 – paragraph 1 a (new)
(1 a) If member states are unable to impose sanctions for violations by aircraft operators based on international agreements, the Commission shall submit suitable proposals for safety precautions in good time to ensure fair competition among all aircraft operators. These can be initiatives at ICAO level or renegotiations of existing Community agreements with third countries.
2022/03/14
Committee: TRAN
Amendment 411 #

2021/0205(COD)

Proposal for a regulation
Article 12 – paragraph 1 – point f a (new)
(f a) The assessment of the economic, social and environmental impacts generated by the production of sustainable aviation fuel on other sectors of society and the economy.
2022/03/14
Committee: TRAN
Amendment 414 #

2021/0205(COD)

Proposal for a regulation
Article 12 – paragraph 1 – point f b (new)
(f b) comparison of the CO2 reduction potential of sustainable aviation fuels with other measures in the aviation industry.
2022/03/14
Committee: TRAN
Amendment 415 #

2021/0205(COD)

Proposal for a regulation
Article 12 – paragraph 1 a (new)
The information according to a) to h) will be included by the Commission in its reporting obligation in accordance with Article 14 of this Regulation.
2022/03/14
Committee: TRAN
Amendment 79 #

2021/0203(COD)

Proposal for a directive
Recital 10 c (new)
(10c) Energy and transport poverty are serious problems affecting the daily lives of millions of European households. Concrete and swift action is needed to reduce energy and transport poverty, whilst at the same time ensuring that the Union's measures to increase energy efficiency and reduce GHG emissions are aligned with the Union's 2030 climate target and objective to reach climate neutrality by 2050.
2022/02/15
Committee: TRAN
Amendment 82 #

2021/0203(COD)

Proposal for a directive
Recital 11
(11) This Directive takes a step forward towards climate neutrality by 2050 , under which energy efficiency is to be treated as an energy source in its own right. The energy efficiency first principle is an overarching principle that should be taken into account across all sectors, going beyond the energy system, at all levels, including in the financial sector. Energy efficiency solutions should be considered as the first option in policy, planning and investment decisions, when setting new rules for the supply side and other policy areas. While the energy efficiency first principle should be applied without prejudice to other legal obligations, objectives and principles, they should also not hamper its application or exempt from applying the principle. The Commission should ensure that energy efficiency and demand-side response can compete on equal terms with generation capacity. Energy efficiency improvements need to be made whenever they are more cost- effective than equivalent supply-side solutions. That should help exploit the multiple benefits of energy efficiency for the Union, in particular for citizens and businesses. Implementing energy efficiency improvement measures should also be a priority in alleviating energy poverty, so that no one is left behind.
2022/02/15
Committee: TRAN
Amendment 107 #

2021/0203(COD)

Proposal for a directive
Recital 49
(49) Where using an obligation scheme, Member States should designate obligated parties among transmission system operators, energy distributors, retail energy sales companies and transport fuel distributors or retailers on the basis of objective and non-discriminatory criteria. The designation or exemption from designation of certain categories of such distributors or retailers should not be understood to be incompatible with the principle of non-discrimination. Member States are therefore able to choose whether such transmission system operators, distributors or retailers or only certain categories thereof are designated as obligated parties. To empower and protect vulnerable customers, people affected by energy poverty and people living in social housing, and to implement policy measures as a priority among those people, Member States can require obligated parties to achieve energy savings among vulnerable customers, people affected by energy poverty and people living in social housing. For that purpose, Member States can also establish energy cost reduction targets. Obligated parties could achieve these targets by promoting the installation of measures that lead to energy savings and financial savings on energy bills, such as the installation of insulation and heating measures. People living in energy poverty should be given financial support to pay their energy bills until their homes become energy efficient.
2022/02/15
Committee: TRAN
Amendment 170 #

2021/0170(COD)

Proposal for a regulation
Recital 6
(6) Despite the development of sector- specific Union harmonisation legislation that addresses safety aspects of specific products or categories of products, it is practically impossible to adopt Union legislation for all consumer products that exist or may be developed. There is therefore still a need for a broad based legislative framework of a horizontal nature to fill gaps and, in particular pending revision of the existing specific legislation, and to complement provisions in existing or forthcoming specific legislation to ensure consumer protection not otherwise ensured, in particular with a view to achieving a high level of protection of safety and health of consumers, as required by Article 114 and Article 169 of the Treaty.
2022/01/19
Committee: IMCO
Amendment 172 #

2021/0170(COD)

Proposal for a regulation
Recital 8
(8) Whilst some of the provisions such as those concerning most of the obligations of economic operators should not apply to products covered by Union harmonisation legislation since already covered in such legislation, a certain number of other provisions should apply in order to complement Union harmonisation legislation. In particular the general product safety requirement and related provisions should be applicable to consumer products covered by Union harmonisation legislation when certain types of risks are not coverspecifically regulated by that legislation. The provisions of this Regulation concerning the obligations of online marketplaces, the obligations of economic operators in case of accidents, the right of information for consumers as well as the recalls of consumer products should apply to products covered by Union harmonisation legislation when there are not specific provisions with the same objective in such legislation. Likewise RAPEX is already used for the purposes of Union harmonisation legislation, as referred to in Article 20 of Regulation (EU) 2019/1020 of the European Parliament and of the Council25 , therefore the provisions regulating the Safety Gate and its functioning contained in this Regulation should be applicable to Union harmonisation legislation. __________________ 25 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).
2022/01/19
Committee: IMCO
Amendment 181 #

2021/0170(COD)

Proposal for a regulation
Recital 13
(13) Union legislation on food, feed and related areas sets up a specific system ensuring the safety of the products covered by it. Therefore, food and feed should be excluded from the scope of this Regulation with the excep. The regulation of materials and articles intended to come into contact with food insofar as risks covered by the GPSR where aspects are concerned that are not already covered by Regulation (EC) No 1935/2004 of the European Parliament and of the Council27 or by other food specific legislation which only covers chemical and biological food- related risks. __________________ 27 Regulation (EC) No 1935/2004 of the European Parliament and of the Council of 27 October 2004 on materials and articles 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).
2022/01/19
Committee: IMCO
Amendment 188 #

2021/0170(COD)

Proposal for a regulation
Recital 20
(20) New technologies also cause new risks to consumers’ health and safety or change the way the existing risks could materialise, such as an external intervention hacking the product or, changing its characteristics or causing software errors in programs. New technologies, such as through software updates, may substantially modify the original product, which should then be submitted to a new risk assessment.
2022/01/19
Committee: IMCO
Amendment 195 #

2021/0170(COD)

Proposal for a regulation
Recital 21
(21) The World Health Organisation defines ‘health’ as a state of complete physical, mental and social well-being and not merely the absence of disease or infirmity. This definition supports the fact that the development of new technologies might bring new health risks to consumers, such as psychological risk, development risks, in particular for children, mental risks, depression, loss of sleep, or altered brain function. Therefore, these aspects need to be included in manufacturer’s and market surveillance authorities’ risk assessments where this is relevant.
2022/01/19
Committee: IMCO
Amendment 198 #

2021/0170(COD)

Proposal for a regulation
Recital 23
(23) The safety of products should be assessed taking into account all the relevant aspects, notably their characteristics and presentation as well as the specific needs and risks for categories of consumers who are likely to use the products, in particular children, older persons and persons with disabilities as well as gender specificities. Economic operators should avoid bias when assessing the safety of a product in order to reach a high level of safety for all consumer groups. This is why testing should be carried out with an equal involvement of all genders. Therefore, if specific information is necessary to make products safe toward a given category of persons, the assessment of the safety of the products should take into consideration also the presence of this information and its accessibility. The safety of products should be assessed taking into consideration the need for the product to be safe over its entire lifespan.
2022/01/19
Committee: IMCO
Amendment 211 #

2021/0170(COD)

Proposal for a regulation
Recital 26
(26) Online marketplaces play a crucial role in the supply chain - allowing economic operators to reach an indefinite number of consumers - and therefore also in the product safety system. They do not only facilitate transactions neutrally. Online marketplaces offer the placement of advertisements, comparison, advisory or reputational services. They act as a gateway: consumers would not have access to such products, services or traders without online marketplaces. For this reason, they must be given greater responsibility for the safety of products and consumers, including cases where other economic actors in the supply chain do not act. Depending on the concrete action they can act as manufacturer, authorized representative, importer, distributor or fulfilment service provider.
2022/01/19
Committee: IMCO
Amendment 216 #

2021/0170(COD)

Proposal for a regulation
Recital 27
(27) Given the important role played by online marketplaces when intermediatenabling the sale and/or the promotion of products between traders and consumers, such actors should have more responsibilities in tackling the sale of dangerous products online. Directive 2000/31/EC of the European Parliament and of the Council29 provides the general framework for e- commerce and lays down certain obligations for online platforms. Regulation […/…] on a Single Market for Digital Services (Digital Services Act) and amending Directive 2000/31/EC30 regulates the responsibility and accountability of providers of intermediary services online with regard to illegal contents, including unsafe products. That Regulation applies without prejudice to the rules laid down by Union law on consumer protection and product safety. Accordingly, building on the horizontal legal framework provided by that Regulation, specific requirements essential to effectively tackle the sale of dangerous products online should be introduced, in line with Article [1(5), point (h)] of that Regulation. __________________ 29 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. 1–16. 30 Regulation […/…] on a Single Market for Digital Services (Digital Services Act) and amending Directive 2000/31/EC.
2022/01/19
Committee: IMCO
Amendment 220 #

2021/0170(COD)

Proposal for a regulation
Recital 28
(28) The Product Safety Pledge, signed in 2018 and joined by a number of marketplaces since then, provides for a number of voluntary commitments on product safety. The Product Safety Pledge has proved its rationale in enhancingn insufficient for the protection of consumers against dangerous products sold online. Nonetheless, iIts voluntary nature and the voluntary participation by a limited number of online marketplaces reduces its effectiveness and cannot ensure a level- playing field..
2022/01/19
Committee: IMCO
Amendment 225 #

2021/0170(COD)

Proposal for a regulation
Recital 32
(32) The obligations imposed by this Regulation on online marketplaces, including App stores, should neitherot amount to a general obligation to monitor the information which they transmit or store, nor to actively seek facts or circumstances indicating illegal activity, such as the sale of dangerous products online. Online marketplaces should, nonetheless,. Online marketplaces, should, nonetheless, be required to comply with specific obligations to effectively prevent the sale of dangerous products online. This includes an obligation to expeditiously remove content referring to dangerous products from their online interfaces, upon obtaining actual knowledge or, in the case of claims for damages, awareness of the illegal content, in particular in cases where the online marketplace has been made aware of facts or circumstances on the basis of which a diligent economic operator should have identified the illegality in question, in order to benefit from the exemption from liability for hosting services under the 'Directive on electronic commerce' and the [Digital Services Act]. Online marketplaces should process notices concerning content referring to unsafe products, received in accordance with [Article 14] of Regulation (EU) …/…[the Digital Services Act], within the additional timeframes established by this Regulation.
2022/01/19
Committee: IMCO
Amendment 230 #

2021/0170(COD)

Proposal for a regulation
Recital 35
(35) For the purposes of [Article 19] of Regulation (EU) …/…[the Digital Services Act], and concerning the safety of products sold online, the Digital Services Coordinator should consider in particularensure cooperation with consumer organisations and associations representing consumers’ interest, upon their request, as trusted flaggers, provided that the conditions set out in that article have been m on product safety.
2022/01/19
Committee: IMCO
Amendment 235 #

2021/0170(COD)

Proposal for a regulation
Recital 36
(36) Product traceability is fundamental for effective market surveillance of dangerous products and corrective measures. Consumers should also be protected against dangerous products as well as against advertisement and promotions for unsafe products in the same way in the offline and online sales channels, including when purchasing products on online marketplaces. Building on the provisions of Regulation (EU) …/…[the Digital Services Act]concerning the traceability of traders and products, online marketplaces should not allow listings on their platforms unless the trader provided all information related to product safety and traceability as detailed in this Regulation. Additionally, online marketplaces shall verify the completeness and reliability of such information as detailed in this Regulation. Such information should be displayed together with the product listing so that consumers can benefit from the same information made available online and offline. However, the online marketplace should not be responsible for verifying the completeness, correctness and the accuracy of the information itself, as the obligation to ensure the traceability of products remains with the trader.
2022/01/19
Committee: IMCO
Amendment 251 #

2021/0170(COD)

Proposal for a regulation
Recital 52
(52) Under Article 34 of Regulation (EU) No 2019/1020, Member States authorities are to notify measures adopted against products covered by that Regulation, presenting a less than serious risk, through the information and communication system referred to in the same article, while corrective measures adopted against products covered by this Regulation presenting a less than serious risk should be notified in the Safety Gate. Member States and the Commission should make available to the public information relating to risks to the health and safety of consumers posed by products. It is opportune for consumers and businesses that all information on corrective measures adopted against products posing a risk are contained in the Safety Gate, allowing relevant information on dangerous products to be made available to the public through the Safety Gate portal. Member States are therefore encouraged to notify in the Safety Gate all corrective measures on products posing a risk to the health and safety of consumers. The database and website of the Safety Gate should be accessible for persons with disabilities.
2022/01/19
Committee: IMCO
Amendment 269 #

2021/0170(COD)

Proposal for a regulation
Recital 61
(61) IPublic access to the information available to the authorities on product safety should be ensured. When making available information on product safety to the public, professional secrecy, as referred to in Article 339 of the Treaty, should be protected in a way which is compatible with the need to ensure the effectiveness of market surveillance activities and of protection measures.
2022/01/19
Committee: IMCO
Amendment 274 #

2021/0170(COD)

Proposal for a regulation
Recital 69 a (new)
(69 a) ‘Directive 2020/1828/EU on Representative Actions for the Protection of the Collective Interests of Consumers underlines that globalisation and digitalisation have increased the risk of a large number of consumers being harmed by the same unlawful practice and that infringements of Union law can cause consumer detriment. Without effective means to bring unlawful practices to an end and to obtain redress for consumers, consumer confidence in the internal market is reduced. As consumers’ interests are heavily affected by unsafe products which are circulating in the internal market it is justified to include the GPSR to annex I of Directive2020/1828/EC.’
2022/01/19
Committee: IMCO
Amendment 276 #

2021/0170(COD)

Proposal for a regulation
Recital 71
(71) In order to play a significant deterrent effect for economic operators and online marketplaces to prevent the placing of dangerous products on the market, penalties should be adequate to the type of infringement, to the possible advantage for the economic operator or online marketplace and to the type and gravity of the injury suffered by the consumer. Furthermore an homogenous level of penalties is important to ensure a level playing field, avoiding that economic operators or online marketplaces concentrate their activities in territories where the level of penalties is lower.
2022/01/19
Committee: IMCO
Amendment 280 #

2021/0170(COD)

Proposal for a regulation
Recital 80
(80) Any processing of personal data for the purpose of this Regulation should be in compliance with Regulations (EU) 2016/679 and ,(EU) 2018/1725 and Directive 2002/58/EC concerning the processing of personal data and the protection of privacy in the electronic communications sector. When consumers report a product in the Safety Gate, only those personal data will be stored that are necessary to report the dangerous product and for a period not exceeding five years after such data have been encoded. Manufacturers and importers should hold the register of consumer complaints only as long as it is necessary for the purpose of this Regulation. Manufacturers and importers, when they are natural persons should disclose their names to ensure that the consumer is able to identify the product for purpose of traceability.
2022/01/19
Committee: IMCO
Amendment 286 #

2021/0170(COD)

Proposal for a regulation
Article 1 – paragraph 1
This Regulation lays down essential rules on the safety of consumer products placed or made available on the market in order to ensure that they are safe.
2022/01/19
Committee: IMCO
Amendment 288 #

2021/0170(COD)

Proposal for a regulation
Article 2 – paragraph 1 – subparagraph 1
Where products are subject to specific safety requirements imposed by Union legislation, this Regulation shall apply only to the aspects and risks or categories of risks not covered by those requirements thereby posing a threat to consumers health and safety or other relevant public interests.
2022/01/19
Committee: IMCO
Amendment 292 #

2021/0170(COD)

Proposal for a regulation
Article 2 – paragraph 1 – subparagraph 2 – point a
(a) Chapter II shall not apply insofar as the risks or categories of risks covered by Union harmonisation legislation are concerned;. When assessing if the risks are adequately covered, the aspects for assessing the safety of products outlined in Article 7 shall be considered.
2022/01/19
Committee: IMCO
Amendment 296 #

2021/0170(COD)

Proposal for a regulation
Article 2 – paragraph 2 – point g
(g) motorized equipment on which consumers ride or travel which is not driven by the consumers themselves but operated by a service provider within the context of a service provided to consumers and has the goal of transporting consumers from one location to another;
2022/01/19
Committee: IMCO
Amendment 305 #

2021/0170(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 1
1. ‘product’ means any item, including software embedded or not, interconnected or not to other items, supplied or made available, whether for consideration or not, in the course of a commercial activity including in the context of providing a service – which is intended for consumers or can, under reasonably foreseeable conditions, be used by consumers even if not intended for them;
2022/01/19
Committee: IMCO
Amendment 311 #

2021/0170(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 2
2. ‘safe product’ means any product which, under normal or reasonably foreseeable conditions of use or misuse, including the actual duration of use, does not present any risk or only the minimum risks compatible with the product's use, considered acceptable and consistent with a high level of protection of health and safety of consumers and in compliance with the precautionary principle;
2022/01/19
Committee: IMCO
Amendment 322 #

2021/0170(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 12 a (new)
12 a. 'online marketplace’ means an online platform that allows consumers to conclude distance contracts with other traders or consumers on the platform;
2022/01/19
Committee: IMCO
Amendment 325 #

2021/0170(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 13
13. ‘economic operator’ means the manufacturer, the authorized representative, the importer, the distributor, the fulfilment service provider, the online marketplace or any other natural or legal person who is subject to obligations in relation to the manufacture of products, making them available on the market in accordance with this Regulation;
2022/01/19
Committee: IMCO
Amendment 326 #

2021/0170(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 14
14. ‘online marketplace’ means a provider of an intermediary service using software, including a website, part of a website or an application, operated by or on behalf of a trader, which allows consumers to conclude distance contracts with other traders or consumers for the sale of products covered by this Regulation;deleted
2022/01/19
Committee: IMCO
Amendment 334 #

2021/0170(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 23
23. ‘recall’ means any measure aimed at achieving the return of a product that has already been made available to the consumend user;
2022/01/19
Committee: IMCO
Amendment 339 #

2021/0170(COD)

Proposal for a regulation
Article 6 – title
Presumption of safetyconformity with safety requirements
2022/01/19
Committee: IMCO
Amendment 345 #

2021/0170(COD)

Proposal for a regulation
Article 6 – paragraph 1 – point b
(b) in the absence of European standards referred to in point (a), as regards the risks covered by health and safety requirements laid down in the law of the Member State where the product is made available on the market, if it conforms to such national requirementsstandards being established in accordance with European law.
2022/01/19
Committee: IMCO
Amendment 348 #

2021/0170(COD)

Proposal for a regulation
Article 6 – paragraph 2
2. The Commission shall adopt implementing acts determining the specific safety requirements necessary to ensure that products which conform to the European standards satisfy the general safety requirement laid down in Article 5 and are in compliance with the aspects for assessing the safety of products of Article 7. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 42(3).
2022/01/19
Committee: IMCO
Amendment 352 #

2021/0170(COD)

Proposal for a regulation
Article 6 – paragraph 3
3. However, presumption of safetyconformity with the safety requirements under paragraph 1 shall not prevent market surveillance authorities from taking action under this Regulation where there is evidence that, despite such conformity, the product is dangerous.
2022/01/19
Committee: IMCO
Amendment 355 #

2021/0170(COD)

Proposal for a regulation
Article 7 – paragraph 1 – introductory part
1. Where the presumption of safety laid down in Article 5 does not apply, the following aspects shall be taken into account in particular when assessIn particular the following aspects shall be assessed when determining whether a product is safe:
2022/01/19
Committee: IMCO
Amendment 359 #

2021/0170(COD)

Proposal for a regulation
Article 7 – paragraph 1 – point a
(a) the characteristics of the product, including its design, technical features, composition and chemical constituents, packaging, instructions for assembly and, where applicable, for installation, use and maintenance;
2022/01/19
Committee: IMCO
Amendment 360 #

2021/0170(COD)

Proposal for a regulation
Article 7 – paragraph 1 – point b
(b) the effect on other products, where it is reasonably foreseeable that it will be used with other products, including the interconnection of products among them as well as the possible loss of interconnection;
2022/01/19
Committee: IMCO
Amendment 366 #

2021/0170(COD)

Proposal for a regulation
Article 7 – paragraph 1 – point e
(e) the categories of consumers at risk when using the product, in particular vulnerable consumers such as children, older people and persons with disabilities but as well as gender specificities and appropriate age labelling of products regarding their suitability for children;
2022/01/19
Committee: IMCO
Amendment 372 #

2021/0170(COD)

Proposal for a regulation
Article 7 – paragraph 1 – point g a (new)
(g a) the appropriate security features necessary to address the loss of connectivity of a product when such a loss of connectivity may have an impact on the safety of the product;
2022/01/19
Committee: IMCO
Amendment 377 #

2021/0170(COD)

Proposal for a regulation
Article 7 – paragraph 1 – point h
(h) the appropriate cybersecurity features necessary to protect the product against external influences, including malicious third parties, when such an influence mightay have an impact on the safety of the product;
2022/01/19
Committee: IMCO
Amendment 381 #

2021/0170(COD)

Proposal for a regulation
Article 7 – paragraph 1 – point i a (new)
(i a) the appropriate safeguards to address faulty data that may have an impact on the safety of the product;
2022/01/19
Committee: IMCO
Amendment 382 #

2021/0170(COD)

Proposal for a regulation
Article 7 – paragraph 1 – point i b (new)
(i b) the physical, mechanical, electrical, flammability, hygiene and radioactivity hazards that the product may present to the health and safety of consumers;
2022/01/19
Committee: IMCO
Amendment 383 #

2021/0170(COD)

Proposal for a regulation
Article 7 – paragraph 1 – point i c (new)
(i c) The health risk posed by digital or connected products, including its accumulative and long term health effects;
2022/01/19
Committee: IMCO
Amendment 384 #

2021/0170(COD)

Proposal for a regulation
Article 7 – paragraph 1 – point i d (new)
(i d) the chemical risks the product may present to the health and safety of consumers, including cumulative and low-dose effects resulting from exposure to chemicals present in the product and from other products;
2022/01/19
Committee: IMCO
Amendment 385 #

2021/0170(COD)

Proposal for a regulation
Article 7 – paragraph 1 – point i e (new)
(i e) the environmental risk posed by a product inasmuch it is likely to result in a risk to the health and safety of consumers;
2022/01/19
Committee: IMCO
Amendment 386 #

2021/0170(COD)

Proposal for a regulation
Article 7 – paragraph 3 – point d
(d) voluntary certification schemes or similar third-party conformity assessment frameworks, in particular thoswhen those are conceived to support Union legislation;
2022/01/19
Committee: IMCO
Amendment 387 #

2021/0170(COD)

Proposal for a regulation
Article 7 – paragraph 3 – point j a (new)
(j a) if the product, categories or groups of products, have caused injuries notified in the Safety Gate for Accidents as established in Article 25.a of this regulation;
2022/01/19
Committee: IMCO
Amendment 391 #

2021/0170(COD)

Proposal for a regulation
Article 8 – paragraph 1
1. When placing their products on the market, manufacturers shall ensure that these products have been designed and manufactured in accordance with the general safety requirement laid down in Article 5. As well, manufacturers shall provide appropriate safeguards in order to prevent the upload of software that may jeopardize the safety of products during their lifetime.
2022/01/19
Committee: IMCO
Amendment 403 #

2021/0170(COD)

Proposal for a regulation
Article 8 – paragraph 2 – subparagraph 1
Manufacturers shall make publicly available to consumers, communication channels such as telephone number, electronic address orand dedicated sections of their website, allowing the consumers to file complaints in an accessible way and to inform them of any accident or safety issue they have experienced with the product.
2022/01/19
Committee: IMCO
Amendment 417 #

2021/0170(COD)

Proposal for a regulation
Article 8 – paragraph 4 – introductory part
4. Manufacturers shall draw up technical documentation of the product before placing it on the market and ensure that the documentation is kept up to date. The technical documentation shall contain, as appropriate:
2022/01/19
Committee: IMCO
Amendment 421 #

2021/0170(COD)

Proposal for a regulation
Article 8 – paragraph 4 – point c
(c) the list of the European standards referred to in Article 6(1) point a, or the other elements referred to in Articles 6.1(b), 6.2, 7(1) and 7(3), applied to meet the general safety requirement laid down in Article 5.
2022/01/19
Committee: IMCO
Amendment 422 #

2021/0170(COD)

Proposal for a regulation
Article 8 – paragraph 4 – subparagraph 1
Where any of the European standards, health and safety requirements or elements referred to in Articles 6, 7(1) and 7(3) have been only partly applied, the parts which have been applied shall be identified.
2022/01/19
Committee: IMCO
Amendment 426 #

2021/0170(COD)

Proposal for a regulation
Article 8 – paragraph 5
5. Manufacturers shall keep the technical documentation, for a period ofthe lifespan of a product, at least ten years after the product has been placedmade available on the market and make it available to the market surveillance authorities, upon request.
2022/01/19
Committee: IMCO
Amendment 434 #

2021/0170(COD)

Proposal for a regulation
Article 8 – paragraph 7
7. Manufacturers shall indicate their name, registered trade name or registered trade mark and the postal and, electronic address and a phone number at which they can be contacted on the product or, where that is not possible, on its packaging or in a document accompanying the product. The address shall indicate a single contact point at which the manufacturer can be contacted.
2022/01/19
Committee: IMCO
Amendment 440 #

2021/0170(COD)

Proposal for a regulation
Article 8 – paragraph 9
9. Manufacturers shall ensure that procedures are in place for series production to remain in conformity with the general safety requirement laid down in Article 5 and respect Articles 6 and 7.
2022/01/19
Committee: IMCO
Amendment 444 #

2021/0170(COD)

Proposal for a regulation
Article 8 – paragraph 9 a (new)
9 a. For connected products, manufacturers shall establish a safety risk-management system to ensure the continued safe functioning of products over their entire life time.
2022/01/19
Committee: IMCO
Amendment 446 #

2021/0170(COD)

Proposal for a regulation
Article 8 – paragraph 10
10. Manufacturers who consider or have reason to believe, on the basis of the information in their possession, that a product which they have placed on the market is not safe, shall immediately take the corrective measures necessary to bring the product into conformity, including adequately and effectively warning end users who are at risk caused by the non- conformity of the product, a withdrawal or recall, as appropriate.
2022/01/19
Committee: IMCO
Amendment 450 #

2021/0170(COD)

Proposal for a regulation
Article 8 – paragraph 11
11. Manufacturers shall, via the Safety Business Gateway referred to in Article 25, immediately alert consumers of the risk to theimarket surveillance authorities of the Member States in which a dangerous product has been made available, including on the risk for health and safety presented by athe product they manufacture and immediately inform the market surveillance authorities of the Member States in which the product has been made available to that effect, giving details, in particular, of the risk to health and safety of consumers and of any corrective measure already taken, giving details, in particular, of the risk to health and safety of consumers and of any corrective measure already taken. Manufacturers shall immediately alert consumers of the risk to their health and safety presented by a product they manufacture. In accordance with Article 33, consumers must be alerted immediately through clear and targeted information at least in the official languages of their country of residence, including but not exclusively using digital means.
2022/01/19
Committee: IMCO
Amendment 454 #

2021/0170(COD)

Proposal for a regulation
Article 9 – paragraph 1
1. AWhere a manufacturer mayis established outside of the European Union, it shall, by a written mandate, appoint an authorised representative. Manufacturers established in the EU may appoint an authorised representative.
2022/01/19
Committee: IMCO
Amendment 464 #

2021/0170(COD)

Proposal for a regulation
Article 9 – paragraph 2 – point b
(b) where they have a reason to believe that a product in question presents a risk, inform the manufacturer; and notify the product via the Safety Business Gateway;
2022/01/19
Committee: IMCO
Amendment 470 #

2021/0170(COD)

Proposal for a regulation
Article 10 – paragraph 1
1. Before placing a product on the market importers shall ensure that the product is compliant with the general safety requirement laid down in Article 5 and that the manufacturer has complied with the requirements set out in Article 6, 7, 8 (4), (6), (7), and (78).
2022/01/19
Committee: IMCO
Amendment 478 #

2021/0170(COD)

Proposal for a regulation
Article 10 – paragraph 5
5. Importers shall ensure that, while a product is under their responsibility, storage or transport conditions do not jeopardize its conformity with the general safety requirement laid down in Article 5 and its conformity with Articles 6, 7, 8 (6) and (7).
2022/01/19
Committee: IMCO
Amendment 481 #

2021/0170(COD)

Proposal for a regulation
Article 10 – paragraph 6 – introductory part
6. Importers shall investigate complaints related to products they made available on the market and file these complaints, as well as products recalls, in the register referred to in Article 8(2), first subparagraph, or and in their own register. Importers shall keep the manufacturer and distributors informed of the investigation performed and of the results of the investigation.
2022/01/19
Committee: IMCO
Amendment 485 #

2021/0170(COD)

Proposal for a regulation
Article 10 – paragraph 7
7. Importers shall cooperate with market surveillance authorities and othe manufacturerr relevant economic operators to ensure that a product is safe.
2022/01/19
Committee: IMCO
Amendment 487 #

2021/0170(COD)

Proposal for a regulation
Article 10 – paragraph 8
8. Importers who consider or have reason to believe, on the basis of the information in their possession, that a product which they have placed on the market is not safe shall immediately inform the manufacturer and ensure that the corrective measures necessary to bring the product into conformity are adopted including withdrawal or recall, as appropriate. In case such measures have not been adopted, the importer shall adopt them. Importers shall ensure that, through the Safety Business Gateway referred to in Article 25, consumers are immediately and effectively alerted of the risk where applicable and thaimmediately alert market surveillance authorities of the Member States in which they made the product available to that effect be immediately informed, giving details, in particular, of the risk to health and safety of consumers and of any corrective measure already taken. Additionally, Importers shall immediately alert consumers of the risk to their health and safety presented by a product they made available. In accordance with Article 33, consumers must be alerted immediately through clear and targeted information at least in the official languages of their country of residence, including but not exclusively using digital means.
2022/01/19
Committee: IMCO
Amendment 491 #

2021/0170(COD)

Proposal for a regulation
Article 10 – paragraph 9
9. Importers shall keep the technical documentation referred to in Article 8(4) for a period of 10the lifespan of a product, at least ten years after they have placedmade the product available on the market and make it available to the market surveillance authorities, upon request. .
2022/01/19
Committee: IMCO
Amendment 493 #

2021/0170(COD)

Proposal for a regulation
Article 11 – paragraph 1
1. Before making a product available on the market, distributors shall verify that the manufacturer and the importer have complied with the requirements set out in Articles 5, 6, 7, 8(6), (7) and (8) and Article 10(3) and (4), as applicable.
2022/01/19
Committee: IMCO
Amendment 496 #

2021/0170(COD)

Proposal for a regulation
Article 11 – paragraph 2
2. Distributors shall ensure that, while a product is under their responsibility, storage or transport conditions do not jeopardize its conformity with the general safety requirement laid down in Article 5 and its conformity with Article 6, 7, 8(6), (7) and (8) and Article 10(3) and (4), as applicable.
2022/01/19
Committee: IMCO
Amendment 499 #

2021/0170(COD)

Proposal for a regulation
Article 11 – paragraph 3
3. Distributors who consider or have reason to believe, on the basis of the information in their possession, that a product is not in conformity with the provisions referred to in paragraph 2, shall not make the product available on the market until it has been brought into conformity. Furthermore, where the product is not safe, the distributor shall immediately inform the manufacturer orand the importer, as applicable, to that effect and shall make sure that, through the Safety Business Gateway referred to in Article 25, the market surveillance authorities are informed.
2022/01/19
Committee: IMCO
Amendment 501 #

2021/0170(COD)

Proposal for a regulation
Article 11 – paragraph 4
4. Distributors who consider or have reason to believe, on the basis of the information in their possession, that a product which they have made available on the market is not safe or is not in conformity with Article 5, 6, 7, 8(6), (7) and (8) and Article 10(3) and (4), as applicable, shall ensure that the corrective measures necessary to bring the product into conformity are adopted, including withdrawal or recall, as appropriate. Furthermore, where the product is not safe, distributors shall immediately inform the manufacturer orand the importer, as applicable, to that effect and shall make sure that, through the Safety Business Gateway referred to in Article 25, the market surveillance authorities of the Member State in which they made the product available to that effect are informed giving details, in particular, of the risk to health and safety and of any corrective measure taken.
2022/01/19
Committee: IMCO
Amendment 505 #

2021/0170(COD)

Proposal for a regulation
Article 12 – paragraph 2 a (new)
2 a. Where a product has been substantially modified in the meaning of this article, that product shall be submitted to a new risk assessment pursuant to Articles 5, 6 and 7 of this Regulation.
2022/01/19
Committee: IMCO
Amendment 507 #

2021/0170(COD)

Proposal for a regulation
Article 13 – paragraph 1
The economic operators shall ensure that they have internal processes for product safety in place, allowing them to respect the general safety requirement laid down in Article 5. These internal processes shall be independently audited when necessary. Economic operators shall make publicly available an overview of this audit report.
2022/01/19
Committee: IMCO
Amendment 510 #

2021/0170(COD)

Proposal for a regulation
Article 14 – paragraph 1
1. Economic operators shall cooperate with market surveillance authorities and where relevant with other authorities regarding actions which could eliminate or mitigate risks that are presented by products made available on the market by those operators.
2022/01/19
Committee: IMCO
Amendment 533 #

2021/0170(COD)

Proposal for a regulation
Article 17 – paragraph 1
1. For certain products, categories or groups of products, which are susceptible to bear a serious risk to health and safety of consumers, based on accidents registered in the Safety Gate for Accidents, Safety Business Gateway, the Safety Gate statistics, the results of the joint activities on product safety and other relevant indicators or evidence, the Commission mayshall require economic operators who place and make available those products on the market to establish or adhere to a system of traceability or require independent third-party conformity assessment.
2022/01/19
Committee: IMCO
Amendment 552 #

2021/0170(COD)

Proposal for a regulation
Article 18 – paragraph 1 a (new)
(e) age restrictions, labelling and marketing consistent with legal requirements and the indications of the manufacturer, including for App stores.
2022/01/19
Committee: IMCO
Amendment 558 #

2021/0170(COD)

Proposal for a regulation
Article 19 – paragraph 1
1. The manufacturer shall ensure thatnotify, through the Safety Business Gateway referred to in Article 25, an accident caused by a product placed or made available on the market is notified, within two working day, within 24 hours from the moment it knows about the accident, to the competent authorities of the Member State where the accident has occurred. The notification shall include the type and identification number of the product as well as the circumstances of the accident, if known. The manufacturer shall notify, upon request, to the competent authorities any other relevant information.
2022/01/19
Committee: IMCO
Amendment 561 #

2021/0170(COD)

Proposal for a regulation
Article 19 – paragraph 2
2. The importers and the distributors which have knowledge of an accident caused by a product that they placed or made available on the market shall inform the manufacturer, which can instruct the importer or one of the distributors to proceed to the notificationnotify this information to the Safety Business Gateway within 24 hours and inform the manufacturer thereof.
2022/01/19
Committee: IMCO
Amendment 570 #

2021/0170(COD)

Proposal for a regulation
Article 20 – title
Specific oObligations of online marketplaces related to product safety
2022/01/19
Committee: IMCO
Amendment 571 #

2021/0170(COD)

Proposal for a regulation
Article 20 – paragraph -1 (new)
-1. Online marketplaces shall ensure the identification of the traders and the traceability of the products offered to consumers via their online interfaces
2022/01/19
Committee: IMCO
Amendment 573 #

2021/0170(COD)

Proposal for a regulation
Article 20 – paragraph 1 – introductory part
1. Online marketplaces shall establish a single contact point allowing forfor the purpose of ensuring a swift and direct communication with all competent Member States’ authorities, including market surveillance and customs authorities, in relation to product safety issues, in particular for orders concerning offers of dangerous products.
2022/01/19
Committee: IMCO
Amendment 575 #

2021/0170(COD)

Proposal for a regulation
Article 20 – paragraph 1 a (new)
1 a. Online marketplaces shall ensure that all consumers have the possibility to communicate with them in an effective, swift and easily accessible way. For this purpose: (a) Online marketplaces shall disclose their contact details, including their phone numbers, email addresses and the postal address of their establishment within the Union. (b) Online marketplaces shall not exclusively rely on automated tools for the purpose of ensuring communication with consumers. (c) Where online marketplaces proposes electronic contact forms or instant messaging for consumers, online marketplaces shall also allow consumers to store or save on a durable medium any correspondence, including the date and hour of such correspondence. (d) Online marketplaces shall provide consumers with the postal or electronic address and the identity of the trader on whose behalf the online marketplace is acting. f) Online marketplaces shall allocate the necessary human and financial resources to ensure that the communication referred to in Paragraph 14 is performed in a quick, effective and efficient manner.
2022/01/19
Committee: IMCO
Amendment 580 #

2021/0170(COD)

Proposal for a regulation
Article 20 – paragraph 2 – subparagraph 1
Online marketplaces shall take the necessary measures to receive and process the orders issued in accordance with this paragraph. They shall act upon receipt of the order issued without undue delay, and in any event within two working day24 hours in the Member State where the online marketplace operates, from receipt of the order. They shall inform the issuing market surveillance authority of the effect given to the order by using the contacts of the market surveillance authority published in the Safety Gate.
2022/01/19
Committee: IMCO
Amendment 581 #

2021/0170(COD)

Proposal for a regulation
Article 20 – paragraph 3
3. Online marketplaces shall take into accperiodically carry ount regular information on dangerous products notified by the market surveillance authorities in line with Article 24, received via the Safety Gate portal, for the purpose of applying their voluntary measures aimed at detecting, identifying, removing or disabling access to the illegal content referring to dangerous products offered on their marketplace, where applicable. They shall inform the authority that made the notification to the Safety Gate of any action taken by using the contacts of the market surveillance authority published in the Safety Gatevisual inspections and sample testing of randomly chosen products considering previous reports, databases, reviews and potential risks and harms towards consumers.
2022/01/19
Committee: IMCO
Amendment 586 #

2021/0170(COD)

Proposal for a regulation
Article 20 – paragraph 3 a (new)
3 a. Where an online marketplace detects and identifies illegal content, referring to dangerous products, it shall be obliged to establish an internal database of those products that had previously been taken down by the online marketplace because they had been found to be illegal. They shall, under the inclusion of elements listed in the Rapid Exchange of Information System (RAPEX) and other relevant public databases, compare the products or product categories offered where they have reason to believe products are illegal to the established database. If this process detects a product that has previously been found to be illegal, the online marketplace shall be obliged to inform the trader and delete the content expeditiously. Online marketplaces shall ensure that any detected or identified illegal content does not reappear on offer to consumers and is not made available on the market. The application of this paragraph shall not lead to any general monitoring obligation and shall be subject to human review.
2022/01/19
Committee: IMCO
Amendment 588 #

2021/0170(COD)

Proposal for a regulation
Article 20 – paragraph 3 b (new)
3 b. The online marketplace shall inform the issuing competent authority of any follow-up actions they will take to prevent the illegal content, referring to dangerous products, from reappearing on the online interface. The application of this paragraph shall not lead to any general monitoring obligation and shall be subject to human review.
2022/01/19
Committee: IMCO
Amendment 591 #

2021/0170(COD)

Proposal for a regulation
Article 20 – paragraph 4
4. Online marketplaces shall give an appropriate answer without undue delay, and in any event within five working day48 hours, in the Member State where the online marketplace operates, to notices related to product safety issues and dangerous products received in accordance with [Article 14] of Regulation (EU) […/…] on a Single Market for Digital Services (Digital Service Act) and amending Directive 2000/31/EC.
2022/01/19
Committee: IMCO
Amendment 594 #

2021/0170(COD)

Proposal for a regulation
Article 20 – paragraph 5 – introductory part
5. For the purpose of the requirements of Article 22(7) of Regulation (EU) […/…] on a Single Market for Digital Services (Digital Services Act) and amending Directive 2000/31/EC, online marketplaces shall design and organise their online interface in a way that enables traders to provide the following information for each product offered and ensures that it is displayed or otherwise made easily accessible by consumers on the product listingusing their service to comply with this regulation. Online marketplaces shall ensure that the traders provide the following information for each product offered on the market through the online interface:
2022/01/19
Committee: IMCO
Amendment 597 #

2021/0170(COD)

Proposal for a regulation
Article 20 – paragraph 5 – point a
(a) the name, registered trade name or/and registered trade mark of the manufacturer, as well as the postal or electronic address at which they manufacturer can be contacted;
2022/01/19
Committee: IMCO
Amendment 598 #

2021/0170(COD)

Proposal for a regulation
Article 20 – paragraph 5 – point b
(b) where the manufacturer is not established in the Union, the name, address, telephone number and electronic address of the responsible person within the meaning of Article 15 (1) of this Regulation;
2022/01/19
Committee: IMCO
Amendment 600 #

2021/0170(COD)

Proposal for a regulation
Article 20 – paragraph 5 – point c
(c) the information necessary to identify the product, including its type and, when available, batch or serial number and any other product identifier;
2022/01/19
Committee: IMCO
Amendment 603 #

2021/0170(COD)

Proposal for a regulation
Article 20 – paragraph 5 – point d
(d) any warning or safety information that is toshall be affixed on the product or to accompany it in accordance with this Regulation or the applicable Union harmonisation legislation in a language which can be easily understood by consumers.
2022/01/19
Committee: IMCO
Amendment 604 #

2021/0170(COD)

Proposal for a regulation
Article 20 – paragraph 5 a (new)
5 a. The information listed under paragraph 5 of this Article shall be displayed alongside the digital product listing in a clear, intelligible and unambiguous language andin a way that is easily accessible and understandable for all consumers.
2022/01/19
Committee: IMCO
Amendment 608 #

2021/0170(COD)

Proposal for a regulation
Article 20 – paragraph 5 b (new)
5 b. Online marketplaces shall ensure that the information listed in paragraph 5 provided by the trader is complete before products are allowed to be offered on the market through their online interfaces.
2022/01/19
Committee: IMCO
Amendment 610 #

2021/0170(COD)

Proposal for a regulation
Article 20 – paragraph 5 c (new)
5 c. The Online Marketplace shall, upon receiving the information in paragraph 5 and until the end of the contractual relationship with the trader, make reasonable efforts to assess whether the information referred to in points (a) to (d) of paragraph 5 is reliable and up-to- date through the use of any freely accessible official online database or online interface made available by a Member States or the Union or through requests to the business user to provide supporting documents from reliable sources.
2022/01/19
Committee: IMCO
Amendment 611 #

2021/0170(COD)

Proposal for a regulation
Article 20 – paragraph 5 d (new)
5 d. Where the online marketplace obtains indications that information under paragraph 5 is inaccurate or incorrect it shall temporarily remove the product directly from its online platform. This online marketplace shall request the trader to correct the information in so far as necessary to ensure that all information is accurate and complete immediately in order to allow the offering of the product on its interface. Where the trader fails to correct or complete that information, the online marketplaces shall suspend the provision of its service to the trader in relation to the offering of products to consumers until the request is fully complied with. Online marketplaces shall report those traders to Member State competent authorities and to the European Commission through the Business Safety Gateway.
2022/01/19
Committee: IMCO
Amendment 643 #

2021/0170(COD)

Proposal for a regulation
Article 22 – paragraph 1
1. Member States shall communicate to the Commission, once a year, data concerning the implementation of this Regulation. A summary report shall be made available to the public.
2022/01/19
Committee: IMCO
Amendment 644 #

2021/0170(COD)

Proposal for a regulation
Article 22 a (new)
Article 22 a Member States shall ensure that any measure taken by the competent authorities involving restrictions on the placing of a product on the market or requiring its withdrawal or recall can be challenged before the competent courts.
2022/01/19
Committee: IMCO
Amendment 662 #

2021/0170(COD)

Proposal for a regulation
Article 25 – paragraph 1
1. The Commission shall maintain a web portal enabling the economic operators to provide market surveillance authorities and consumers with the information referred to in Articles 8(11), 9(2) point c), 10(8), 11(3), 11(4) and Article 19 which must be accessible for consumers with disabilities.
2022/01/19
Committee: IMCO
Amendment 669 #

2021/0170(COD)

Proposal for a regulation
Article 25 a (new)
Article 25 a 1. The market surveillance authorities of Member States shall register the information received pursuant to Article 25 and information received from other relevant sources about accidents in a pan- European database with due respect to Union and national rules on data protection. 2. This pan-European database will be part of the Safety Business Gateway. 3. The Commission shall support the coordination of data collection from market surveillance authorities and maintain this pan-European database.
2022/01/19
Committee: IMCO
Amendment 672 #

2021/0170(COD)

Proposal for a regulation
Article 26 – paragraph 1 – introductory part
1. If the Commission becomes aware of a product, or a specific category or group of products presenting a serious risk to the health and safety of consumers, it may take any appropriate measures, either on its own initiative or upon request of Member States, by means of implementing acts, adapted to the gravity and urgency of the situation if, at one and the same time:
2022/01/19
Committee: IMCO
Amendment 674 #

2021/0170(COD)

Proposal for a regulation
Article 26 – paragraph 1 – point a
(a) it emerges from prior consultations with the Member States that they differ significantly on the approach adopted or to be adopted to deal with the risk; and;or
2022/01/19
Committee: IMCO
Amendment 677 #

2021/0170(COD)

Proposal for a regulation
Article 26 – paragraph 1 – point b
(b) the risk cannot be dealt with, in view of the nature of the safety issue posed by the product, category or group of products, in a manner compatible with the degree of gravity or urgency of the case, under other procedures laid down by the specific Union legislation applicable to the products concerned; andor
2022/01/19
Committee: IMCO
Amendment 678 #

2021/0170(COD)

Proposal for a regulation
Article 26 – paragraph 1 – subparagraph 1
Those measures may include measures prohibiting, suspending or restricting the placing or making available on the market of such products or laying down special conditions for their conformity assessment, going beyond those for self-assessment and marketing, in order to ensure a high level of consumer safety protection.
2022/01/19
Committee: IMCO
Amendment 687 #

2021/0170(COD)

Proposal for a regulation
Article 28 – paragraph 1
1. A European network of the authorities of the Member States competent for product safety (‘Consumer Safety Network’) shall be established. Consumer organisations shall be observers to the Safety Network.
2022/01/19
Committee: IMCO
Amendment 691 #

2021/0170(COD)

Proposal for a regulation
Article 28 – paragraph 3 – point a
(a) the exchange of information on risk assessments, dangerous products, test methods and results, recent scientific developments as well as other aspects relevant for control activities such as consideration of European Standards providing presumption of conformity with this Regulation;
2022/01/19
Committee: IMCO
Amendment 705 #

2021/0170(COD)

Proposal for a regulation
Article 30 – paragraph 2
2. Unless otherwise agreed upon by the market surveillance authorities concerned, sweeps shall be coordinated by the Commission. The coordinator of the sweep may, where appropriate,shall make the aggregated results publicly available.
2022/01/19
Committee: IMCO
Amendment 708 #

2021/0170(COD)

Proposal for a regulation
Article 31 – paragraph 1
1. Information available to the authorities of the Member States or to the Commission relating to measures on products presenting risks to consumer health and safety shall in generaor information that is considered relevant in order to protect the interests of end users shall be made available to the public, in accordance with the requirements of transparency and without prejudice to the restrictions required for monitoring and investigation activities. In particular, the public shall have access to information on product identification, the nature of the risk and the measures taken. This information shall be provided in accessible formats for persons with disabilities.
2022/01/19
Committee: IMCO
Amendment 712 #

2021/0170(COD)

Proposal for a regulation
Article 31 – paragraph 4
4. Member States shall give consumers or organisations representing consumers and other interested parties the opportunity to submit complaints to the competent authorities on product safety and on surveillance and control activities and these complaints shall be followed up as appropriate. The authority with which the complaint has been lodged shall inform the complainant of the progress of the proceedings and of the decision taken, and shall inform the complainant of the right to an effective judicial remedy provided for in Article 35 a (new).
2022/01/19
Committee: IMCO
Amendment 716 #

2021/0170(COD)

Proposal for a regulation
Article 32 – paragraph 1
1. For the purpose of Article 31(1) and Article 19, the Commission shall maintain a Safety Gate portal, providing the general public with free access to selected information notified in accordance with Article 24 in an accessible way.
2022/01/19
Committee: IMCO
Amendment 717 #

2021/0170(COD)

Proposal for a regulation
Article 32 – paragraph 2
2. Consumers and other interested parties shall have the possibility to inform the Commission 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 and inform consumers and other interested parties of its decision.
2022/01/19
Committee: IMCO
Amendment 726 #

2021/0170(COD)

Proposal for a regulation
Article 33 – paragraph 1
1. In case of a recall or where certain 1. information has to be brought to the attention of consumend users to ensure the safe use of a product (‘safety warning’), economic operators, in accordance with their respective obligations as provided for in Articles 8, 9, 10, 11 and 112, shall directly notify all affected consumers that they can identify. Economic operators who collect their customers’ personal data shall make use of this information for recalls and safety warnings.
2022/01/19
Committee: IMCO
Amendment 729 #

2021/0170(COD)

Proposal for a regulation
Article 33 – paragraph 2
2. Where economic operators have product registration systems or customer loyalty programs in place for purposes other than contacting their customers with safety information, they shall offer the possibility to their customers to provide separate contact details only for safety purposes. The personal data collected for that purpose shall be limited to the necessary minimum and mayshall only be used to contact consumers in case of a recall or safety warning.
2022/01/19
Committee: IMCO
Amendment 734 #

2021/0170(COD)

Proposal for a regulation
Article 33 – paragraph 4
4. If not all affected consumers can be contacted directly, eEconomic operators, in accordance with their respective responsibilities, shall disseminate a recall notice or safety warning through other appropriate channels, ensuring the widest possible reach including, where available: the company’s website, social media channels, newsletters and retail outlets and, as appropriate, announcements in mass media and other communication channels. Information shall be accessible to consumers with disabilities. Consumer organisations shall also be informed to support the dissemination of the information.
2022/01/19
Committee: IMCO
Amendment 736 #

2021/0170(COD)

Proposal for a regulation
Article 34 – paragraph 2 – point c
(c) clear description of the hazard associated with the recalled product, avoidingwithout any elements that may decrease consumers’ perception of risk, including terms and expressions such as “voluntary”, “precautionary”, “discretionary”, “in rare/specific situations” as well as indicating that there have been no reported accidents;
2022/01/19
Committee: IMCO
Amendment 739 #

2021/0170(COD)

Proposal for a regulation
Article 35 – paragraph 1 – introductory part
1. Without prejudice to Directive (EU) 2019/771, in the case of a recall, the economic operator responsible for the recall shall offer to the consumer an effective, cost-free and timely remedy. That remedy shall consist of at leastWhile preference shall be given to the most sustainable solution of the repair of the recalled product, except if it is not possible to ensure the safety of the product through this measure. In this case in order to have the goods brought into conformity with this regulation, the consumer may choose between one of the following:
2022/01/19
Committee: IMCO
Amendment 744 #

2021/0170(COD)

Proposal for a regulation
Article 35 – paragraph 1 – point a
(a) repair of the recalled product;deleted
2022/01/19
Committee: IMCO
Amendment 749 #

2021/0170(COD)

Proposal for a regulation
Article 35 – paragraph 1 – point c
(c) refund of the valuinitial purchase price of the recalled product.
2022/01/19
Committee: IMCO
Amendment 753 #

2021/0170(COD)

Proposal for a regulation
Article 35 – paragraph 2
2. Repair, disposal or destruction of the product by consumers shall only be considered an effective remedy where it can be carried out easily and safely by the consumer. In such cases, the economic operator responsible for the recall shall provide consumers with the necessary instructions and/or, in the case of self- repair, free replacement parts or software updates including potential risks as well as their consequences.
2022/01/19
Committee: IMCO
Amendment 754 #

2021/0170(COD)

Proposal for a regulation
Article 35 – paragraph 2 a (new)
2 a. The right to remedy laid down in this paragraph is without prejudice to Directive(EU) 85/374/EEC.
2022/01/19
Committee: IMCO
Amendment 756 #

2021/0170(COD)

Proposal for a regulation
Article 35 – paragraph 3 a (new)
3 a. Where no economic operator offers a remedy to the consumer, the consumer shall be entitled to submit a complaint to the competent authority in accordance with Article 31(4).
2022/01/19
Committee: IMCO
Amendment 758 #

2021/0170(COD)

Proposal for a regulation
Article 35 a (new)
Article 35 a Right to an effective judicial remedy Notwithstanding any administrative or other non-judicial remedies, any affected consumer or organisation representing consumers and other interested parties shall have the right to an effective judicial remedy with regard to the failure of economic operators to comply with their obligations under this Regulation.
2022/01/19
Committee: IMCO
Amendment 764 #

2021/0170(COD)

Proposal for a regulation
Article 36 a (new)
Article 36 a Amendments to Directive 2020/1828/EC on Representative Actions for the Protection of the Collective Interests of Consumers The following is added to Annex I of Directive 2020/1828/EC: “(X) Regulation of the European Parliament and of the Council on a General Product Safety Regulation”
2022/01/19
Committee: IMCO
Amendment 769 #

2021/0170(COD)

Proposal for a regulation
Article 40 – paragraph 3 – point d
(d) failure to comply with traceability and information obligations of economic operators referred to in Articles 8, 9, 10, 11 and 18 and 19 and 20;
2022/01/19
Committee: IMCO
Amendment 782 #

2021/0170(COD)

Proposal for a regulation
Article 43 – paragraph 1
1. By [insert date five years after the date of entry into force] the Commission shall carry out an evaluation of this Regulation. The Commission shall present a report on the main findings to the European Parliament, the Council and the European Economic and Social Committee. The report shall in particular assess if this Regulation achieved the objective of enhancing the protection of consumers against dangerous products while taking into account its impact on businesses and in particular on small and medium-sized enterprisin particular with regard to improved traceability, the level and functioning of market surveillance, standardisation work, the functioning of the Safety Gate, challenges posted by new technologies and by online marketplaces.
2022/01/19
Committee: IMCO
Amendment 316 #

2021/0106(COD)

Proposal for a regulation
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, the placing on the market, the putting into service and the marketing and use of artificial intelligence in conformity with Union values. This Regulation pursues a number of overriding reasons of public interest, such as a high level of protection of health, safety and, fundamental rights, the environment and the Union values enshrined in Article 2 of the Treaty on European Union (TEU), 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.
2022/06/13
Committee: IMCOLIBE
Amendment 325 #

2021/0106(COD)

Proposal for a regulation
Recital 2 a (new)
(2 a) However, in line with Article 114(2) TFEU, this Regulation does not affect the rights and interests of employed persons. This Regulation should therefore not affect Community law on social policy and national labour law and practice, that is any legal and contractual provision concerning employment conditions, working conditions, including health and safety at work and the relationship between employers and workers, including information, consultation and participation. This Regulation should not affect the exercise of fundamental rights as recognized in the Member States and at Union level, including the right or freedom to strike or to take other action covered by the specific industrial relations systems in Member States, in accordance with national law and/or practice. Nor should it affect concertation practices, the right to negotiate, to conclude and enforce collective agreement or to take collective action in accordance with national law and/or practice. It should in any case not prevent the Commission from proposing specific legislation on the rights and freedoms of workers affected by AI systems.
2022/06/13
Committee: IMCOLIBE
Amendment 338 #

2021/0106(COD)

Proposal for a regulation
Recital 4 a (new)
(4 a) In order to ensure the dual green and digital transition, and secure the technological resilience of the EU, to reduce the carbon footprint of artificial intelligence and achieve the objectives of the new European Green Deal, this Regulation should contribute to the promotion of a green and sustainable artificial intelligence and to the consideration of the environmental impact of AI systems throughout their lifecycle. Sustainability should be at the core at the European artificial intelligence framework to guarantee that the development of artificial intelligence is compatible with sustainable development of environmental resources for current and future generations, at all stages of the lifecycle of artificial intelligence products; sustainability of artificial intelligence should encompass sustainable data sources, data centres, resource use, power supplies and infrastructure;
2022/06/13
Committee: IMCOLIBE
Amendment 342 #

2021/0106(COD)

Proposal for a regulation
Recital 4 b (new)
(4 b) Despite the high potential of solutions to the environmental and climate crisis offered by artificial intelligence, the design, training and execution of algorithms imply a high energy consumption and, consequently, high levels of carbon emissions. Artificial intelligence technologies and data centres have a high carbon footprint due to increased computational energy consumption, and high energy costs due to the volume of data stored and the amount of heat, electric and electronic waste generated, thus resulting in increased pollution. These environmental and carbon footprints are expected to increase overtime as the volume of data transferred and stored and the increasing development of artificial intelligence applications will continue to grow exponentially in the years to come. It is therefore important to minimise the climate and environmental footprint of artificial intelligence and related technologies and that AI systems and associated machinery are designed sustainably to reduce resource usage and energy consumption, thereby limiting the risks to the environment.
2022/06/13
Committee: IMCOLIBE
Amendment 343 #

2021/0106(COD)

Proposal for a regulation
Recital 4 c (new)
(4 c) To promote the sustainable development of AI systems and in particular to prioritise the need for sustainable, energy efficient data centres, requirements for efficient heating and cooling of data centres should be consistent with the long-term climate and environmental standards and priorities of the Union and comply with the principle of 'do no significant harm' within the meaning of Article 17 of Regulation (EU) 2020/852 on the establishment of a framework to facilitate sustainable investment, and should be fully decarbonised by January 2050. In this regard, Member States and telecommunications providers should collect and publish information relating to the energy performance and environmental footprint for artificial intelligence technologies and date centres including information on the energy efficiency of algorithms to establish a sustainability indicator for artificial intelligence technologies. A European code of conduct for datacentre energy efficiency can establish key sustainability indicators to measure four basic dimensions of a sustainable data centre, namely, how efficiently it uses energy, the proportion of energy generated from renewable energy sources, the reuse of any waste and heat, and the usage of fresh water.
2022/06/13
Committee: IMCOLIBE
Amendment 345 #

2021/0106(COD)

Proposal for a regulation
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, the environment and the Union values enshrined in Article 2 TEU. To achieve that objective, rules regulating the development, the placing on the market, and the putting into service and the use 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, 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).
2022/06/13
Committee: IMCOLIBE
Amendment 360 #

2021/0106(COD)

Proposal for a regulation
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. The definition should be based on the key functional characteristics of the software, 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 a physical or digital dimension. 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. AI systems can be developed through various techniques using learning, reasoning or modelling, such as: machine learning approaches, including supervised, unsupervised and reinforcement learning, using a wide variety of methods including deep learning; logic- and knowledge-based approaches, including knowledge representation, inductive (logic) programming, knowledge bases, inference and deductive engines, (symbolic) reasoning and expert systems; statistical approaches, Bayesian estimation, search and optimization methods.
2022/06/13
Committee: IMCOLIBE
Amendment 372 #

2021/0106(COD)

Proposal for a regulation
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.
2022/06/13
Committee: IMCOLIBE
Amendment 382 #

2021/0106(COD)

Proposal for a regulation
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 spaces 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.
2022/06/13
Committee: IMCOLIBE
Amendment 390 #

2021/0106(COD)

Proposal for a regulation
Recital 11
(11) In light of their digital nature, certain AI systems should fall within the scope of this Regulation even when they are neither placed on the market, nor put into service, nor used in the Union. This is the case for example of an operator established in the Union that contracts certain services to an operator established outside the Union in relation to an activity to be performed by an AI system that would qualify as high-risk and whose effects impact natural persons located in the Union. In those circumstances, the AI system used by the operator outside the Union could process data lawfully collected in and transferred from the Union, and provide to the contracting operator in the Union the output of that AI system resulting from that processing, without that AI system being placed on the market, put into service or used in the Union. To prevent the circumvention of this Regulation and to ensure an effective protection of natural persons located in the Union, this Regulation should also apply to providers and users of AI systems that are established in a third country, to the extent the output produced by those systems is used in the Union. Nonetheless, to take into account existing arrangements and special needs for cooperation with foreign partners with whom information and evidence is exchanged, this Regulation should not apply to public authorities of a third country and international organisations when acting in the framework of international agreements concluded at national or European level for law enforcement and judicial cooperation with the Union or with its Member States. Such agreements have been concluded bilaterally between Member States and third countries or between the European Union, Europol and other EU agencies and third countries and international organisations.
2022/06/13
Committee: IMCOLIBE
Amendment 395 #

2021/0106(COD)

Proposal for a regulation
Recital 12
(12) This Regulation should also apply to Union institutions, offices, bodies and agencies when acting as a provider or user of an AI system. AI systems exclusively developed or used for military purposes should be excluded from the scope of this Regulation where that use falls under the exclusive remit of the Common Foreign and Security Policy regulated under Title V of the Treaty on the European Union (TEU). This Regulation should be without prejudice to the provisions regarding the liability of intermediary service providers set out in Directive 2000/31/EC of the European Parliament and of the Council [as amended by the Digital Services Act].
2022/06/13
Committee: IMCOLIBE
Amendment 402 #

2021/0106(COD)

Proposal for a regulation
Recital 12 a (new)
(12 a) AI systems developed or used exclusively for military purposes should be excluded from the scope of this Regulation where that use falls under the exclusive remit of the Common Foreign and Security Policy regulated under Title V TEU. However, AI systems which are developed or used for military purposes but can also be used for civil purposes, falling under the definition of “dual use items” pursuant to Regulation (EU) 2021/821 of the European Parliament and of the Council1ashould fall into the scope of this Regulation. _________________ 1a Regulation (EU) 2021/821 of the European Parliament and of the Council of 20 May 2021 setting up a Union regime for the control of exports, brokering, technical assistance, transit and transfer of dual-use items (OJ L 206 11.6.2021, p. 1).
2022/06/13
Committee: IMCOLIBE
Amendment 405 #

2021/0106(COD)

Proposal for a regulation
Recital 12 b (new)
(12 b) This Regulation should not affect the provisions aimed at improving working conditions in platform work set out in Directive 2021/762/EC.
2022/06/13
Committee: IMCOLIBE
Amendment 409 #

2021/0106(COD)

Proposal for a regulation
Recital 13
(13) In order to ensure a consistent and high level of protection of public interests as regards health, safety and fundamental rights, the environment and the Union values enshrined in Article 2 TEU, common normative standards for all high- risk AI systems should be established. Those standards should be consistent with the Charter of fundamental rights of the European Union (the Charter) and should be non-discriminatory and in line with the Union’s international trade commitments.
2022/06/13
Committee: IMCOLIBE
Amendment 414 #

2021/0106(COD)

Proposal for a regulation
Recital 14
(14) In order to introduce a proportionate and effective set of binding rules for AI systems, a clearly defined risk- based approach should be followed. That approach should tailor the type and content of such rules to the intensity and scope of the risks that AI systems can generate. It is therefore necessary to prohibit certain unacceptable artificial intelligence practices, to lay down requirements for high-risk AI systems and obligations for the relevant operators, and to lay down transparency obligations for certain AI systems.
2022/06/13
Committee: IMCOLIBE
Amendment 421 #

2021/0106(COD)

Proposal for a regulation
Recital 15 a (new)
(15 a) As signatories to the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD), the European Union and all Member States should protect persons with disabilities from discrimination and promote their equality, ensure that persons with disabilities have access, on an equal basis with others, to information and communications technologies and systems and ensure respect for privacy of persons with disabilities.
2022/06/13
Committee: IMCOLIBE
Amendment 427 #

2021/0106(COD)

Proposal for a regulation
Recital 16
(16) The placing on the market, putting into service or use of certain AI systems intended towith the effect or likely effect of distorting human behaviour, whereby material or non-material harm, including physical or, psychological or economic harms are likely to occur, should be forbidden. This limitation should be understood to include neuro-technologies assisted by AI systems that are used to monitor, use, or influence neural data gathered through brain- computer interfaces. Such AI systems deploy subliminal components individuals cannot perceive or exploit vulnerabilities of children and people due to their age, physical or mental incapacities. They do so with the intention toeffect of materially distorting 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.
2022/06/13
Committee: IMCOLIBE
Amendment 433 #

2021/0106(COD)

Proposal for a regulation
Recital 17
(17) AI systems providing social scoring of natural persons for general purpose by private or public authorities 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 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 should be therefore prohibited.
2022/06/13
Committee: IMCOLIBE
Amendment 442 #

2021/0106(COD)

Proposal for a regulation
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 or place-based 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.
2022/06/13
Committee: IMCOLIBE
Amendment 448 #

2021/0106(COD)

Proposal for a regulation
Recital 18
(18) The use of AI systems for ‘real- time’ remote biometric identification of natural persons in publicly or privately accessible spaces for the purpose of law enforcement is consideredis 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 activitiesSuch systems should therefore be prohibited.
2022/06/13
Committee: IMCOLIBE
Amendment 466 #

2021/0106(COD)

Proposal for a regulation
Recital 19
(19) The use of those systems for the purpose of law enforcement should therefore be prohibited, except in three exhaustively listed and narrowly defined situations, where the use is strictly necessary to achieve a substantial public interest, the importance of which outweighs the risks. Those situations involve the search for potential victims of crime, including missing children; certain threats to the life or physical safety of natural persons or of a terrorist attack; and the detection, localisation, identification or prosecution of perpetrators or suspects of the criminal offences referred to in Council Framework Decision 2002/584/JHA38 if those criminal offences are punishable in the Member State concerned by a custodial sentence or a detention order for a maximum period of at least three years and as they are defined in the law of that Member State. Such threshold for the custodial sentence or detention order in accordance with national law contributes to ensure that the offence should be serious enough to potentially justify the use of ‘real-time’ remote biometric identification systems. Moreover, of the 32 criminal offences listed in the Council Framework Decision 2002/584/JHA, some are in practice likely to be more relevant than others, in that the recourse to ‘real-time’ remote biometric identification will foreseeably be necessary and proportionate to highly varying degrees for the practical pursuit of the detection, localisation, identification or prosecution of a perpetrator or suspect of the different criminal offences listed and having regard to the likely differences in the seriousness, probability and scale of the harm or possible negative consequences. _________________ 38 Council Framework Decision 2002/584/JHA of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States (OJ L 190, 18.7.2002, p. 1).deleted
2022/06/13
Committee: IMCOLIBE
Amendment 472 #

2021/0106(COD)

Proposal for a regulation
Recital 20
(20) In order to ensure that those systems are used in a responsible and proportionate manner, it is also important to establish that, in each of those three exhaustively listed and narrowly defined situations, certain elements should be taken into account, in particular as regards the nature of the situation giving rise to the request and the consequences of the use for the rights and freedoms of all persons concerned and the safeguards and conditions provided for with the use. In addition, the use of ‘real-time’ remote biometric identification systems in publicly accessible spaces for the purpose of law enforcement should be subject to appropriate limits in time and space, having regard in particular to the evidence or indications regarding the threats, the victims or perpetrator. The reference database of persons should be appropriate for each use case in each of the three situations mentioned above.deleted
2022/06/13
Committee: IMCOLIBE
Amendment 481 #

2021/0106(COD)

Proposal for a regulation
Recital 21
(21) Each use of a ‘real-time’ remote biometric identification system in publicly accessible spaces for the purpose of law enforcement should be subject to an express and specific authorisation by a judicial authority or by an independent administrative authority of a Member State. Such authorisation should in principle be obtained prior to the use, except in duly justified situations of urgency, that is, situations where the need to use the systems in question is such as to make it effectively and objectively impossible to obtain an authorisation before commencing the use. In such situations of urgency, the use should be restricted to the absolute minimum necessary and be subject to appropriate safeguards and conditions, as determined in national law and specified in the context of each individual urgent use case by the law enforcement authority itself. In addition, the law enforcement authority should in such situations seek to obtain an authorisation as soon as possible, whilst providing the reasons for not having been able to request it earlier.deleted
2022/06/13
Committee: IMCOLIBE
Amendment 491 #

2021/0106(COD)

Proposal for a regulation
Recital 22
(22) Furthermore, it is appropriate to provide, within the exhaustive framework set by this Regulation that such use in the territory of a Member State in accordance with this Regulation should only be possible where and in as far as the Member State in question has decided to expressly provide for the possibility to authorise such use in its detailed rules of national law. Consequently, Member States remain free under this Regulation not to provide for such a possibility at all or to only provide for such a possibility in respect of some of the objectives capable of justifying authorised use identified in this Regulation.deleted
2022/06/13
Committee: IMCOLIBE
Amendment 501 #

2021/0106(COD)

Proposal for a regulation
Recital 23
(23) The use of AI systems for ‘real- time’ remote biometric identification of natural persons in publicly accessible spaces for the purpose of law enforcement necessarily involves the processing of biometric data. The rules of this Regulation that prohibit, subject to certain exceptions, such use, which are based on Article 16 TFEU, should apply as lex specialis in respect of the rules on the processing of biometric data contained in Article 10 of Directive (EU) 2016/680, thus regulating such use and the processing of biometric data involved in an exhaustive manner. Therefore, such use and processing should only be possible in as far as it is compatible with the framework set by this Regulation, without there being scope, outside that framework, for the competent authorities, where they act for purpose of law enforcement, to use such systems and process such data in connection thereto on the grounds listed in Article 10 of Directive (EU) 2016/680. In this context, this Regulation is not intended to provide the legal basis for the processing of personal data under Article 8 of Directive 2016/680. However, the use of ‘real-time’ remote biometric identification systems in publicly accessible spaces for purposes other than law enforcement, including by competent authorities, should not be covered by the specific framework regarding such use for the purpose of law enforcement set by this Regulation. Such use for purposes other than law enforcement should therefore not be subject to the requirement of an authorisation under this Regulation and the applicable detailed rules of national law that may give effect to it.deleted
2022/06/13
Committee: IMCOLIBE
Amendment 509 #

2021/0106(COD)

Proposal for a regulation
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.deleted
2022/06/13
Committee: IMCOLIBE
Amendment 516 #

2021/0106(COD)

Proposal for a regulation
Recital 25
(25) In accordance with Article 6a of Protocol No 21 on the position of the United Kingdom and Ireland in respect of the area of freedom, security and justice, as annexed to the TEU and to the TFEU, Ireland is not bound by the rules laid down in Article 5(1), point (d), (2) and (3) of this Regulation adopted on the basis of Article 16 of the TFEU which relate to the processing of personal data by the Member States when carrying out activities falling within the scope of Chapter 4 or Chapter 5 of Title V of Part Three of the TFEU, where Ireland is not bound by the rules governing the forms of judicial cooperation in criminal matters or police cooperation which require compliance with the provisions laid down on the basis of Article 16 of the TFEU.
2022/06/13
Committee: IMCOLIBE
Amendment 517 #

2021/0106(COD)

Proposal for a regulation
Recital 26
(26) In accordance with Articles 2 and 2a of Protocol No 22 on the position of Denmark, annexed to the TEU and TFEU, Denmark is not bound by rules laid down in Article 5(1), point (d), (2) and (3) of this Regulation adopted on the basis of Article 16 of the TFEU, or subject to their application, which relate to the processing of personal data by the Member States when carrying out activities falling within the scope of Chapter 4 or Chapter 5 of Title V of Part Three of the TFEU.
2022/06/13
Committee: IMCOLIBE
Amendment 518 #

2021/0106(COD)

Proposal for a regulation
Recital 26 a (new)
(26 a) AI systems capable of reading facial expressions to infer emotional states hold no scientific basis, while at the same time running a high risk of inaccuracy, in particular for certain groups of individuals whose facial traits are not easily readable by such systems, as several examples have shown. Therefore, due to the particular risk of discrimination, these systems should be prohibited.
2022/06/13
Committee: IMCOLIBE
Amendment 525 #

2021/0106(COD)

Proposal for a regulation
Recital 27
(27) High-risk AI systems should only be placed on the Union market or put into service or used if they comply with certain mandatory requirements. Those requirements should ensure that high-risk AI systems available in the Union or whose output is otherwise used in the Union do not pose unacceptable risks to important Union public interests as recognised and protected by Union law and do not contravene the Union values enshrined in Article 2 TEU. AI systems identified as high-risk should be limited to those that have a significant harmful impact on the health, safety and the fundamental rights of persons in the Union or the environment and such limitation minimises any potential restriction to international trade, if any.
2022/06/13
Committee: IMCOLIBE
Amendment 545 #

2021/0106(COD)

Proposal for a regulation
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.deleted
2022/06/13
Committee: IMCOLIBE
Amendment 559 #

2021/0106(COD)

Proposal for a regulation
Recital 35
(35) AI systems used in education or vocational training, notably for determining access or assigning persons to educational and vocational training institutions or to evaluate or monitor persons on tests as part of or as a precondition for their education 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.
2022/06/13
Committee: IMCOLIBE
Amendment 581 #

2021/0106(COD)

Proposal for a regulation
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 offenceon their behalf to detect ‘deep fakes’, for the evaluation of the reliability of evidence in criminal proceedings, 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.
2022/06/13
Committee: IMCOLIBE
Amendment 588 #

2021/0106(COD)

Proposal for a regulation
Recital 39
(39) AI systems used in migration, asylum and border control management affect people who are often in particularly vulnerable position and who are dependent on the outcome of the actions of the competent public authorities. The accuracy, non-discriminatory nature and transparency of the AI systems used in those contexts are therefore particularly important to guarantee the respect of the fundamental rights of the affected persons, notably their rights to free movement, non- discrimination, protection of private life and personal data, international protection and good administration. It is therefore appropriate to classify as high-risk AI systems intended to be used by the competent public authorities charged with tasks in the fields of migration, asylum and border control management as polygraphs and similar tools or to detect the emotional state of a natural person; for assessing certain risks posed by natural persons entering the territory of a Member State or applying for visa or asylum; for verifying the authenticity of the relevant documents of natural persons; for assisting competent public authorities for the examination of applications for asylum, visa and residence permits and associated complaints with regard to the objective to establish the eligibility of the natural persons applying for a status.; for verifying the authenticity of the relevant documents of natural persons; AI systems in the area of migration, asylum and border control management covered by this Regulation should comply with the relevant procedural requirements set by the Directive 2013/32/EU of the European Parliament and of the Council49 , the Regulation (EC) No 810/2009 of the European Parliament and of the Council50 and other relevant legislation. _________________ 49 Directive 2013/32/EU of the European Parliament and of the Council of 26 June 2013 on common procedures for granting and withdrawing international protection (OJ L 180, 29.6.2013, p. 60). 50 Regulation (EC) No 810/2009 of the European Parliament and of the Council of 13 July 2009 establishing a Community Code on Visas (Visa Code) (OJ L 243, 15.9.2009, p. 1).
2022/06/13
Committee: IMCOLIBE
Amendment 601 #

2021/0106(COD)

Proposal for a regulation
Recital 40 a (new)
(40 a) Certain AI systems should at the same time be subject to transparency requirements and be classified as high- risk AI systems, given their potential to deceive and cause both individual and societal harm. In particular, AI systems that generate deep fakes representing existing persons have the potential to both manipulate the natural persons that are exposed to those deep fakes and harm the persons they are representing or misrepresenting, while AI systems that, based on limited human input, generate complex text such as news articles, opinion articles, novels, scripts and scientific articles have the potential to manipulate, to deceive, or to expose natural persons to built-in biases or inaccuracies. These should not include AI systems intended to translate text, or cases where the content forms part of an evidently artistic, creative or fictional cinematographic and analogous work.
2022/06/13
Committee: IMCOLIBE
Amendment 609 #

2021/0106(COD)

Proposal for a regulation
Recital 41
(41) The fact that an AI system is classified as high risk under this Regulation should not be interpreted as indicating that the use of the system is necessarily lawful under other acts of Union law or under national law compatible with Union law, such as on the protection of personal data, on the use of polygraphs and similar tools or other systems to detect the emotional state of natural persons. Any such use should continue to occur solely in accordance with the applicable requirements resulting from the Charter and from the applicable acts of secondary Union law and national law. This Regulation should not be understood as providing for the legal ground for processing of personal data, including special categories of personal data, where relevant.
2022/06/13
Committee: IMCOLIBE
Amendment 619 #

2021/0106(COD)

Proposal for a regulation
Recital 43
(43) Requirements should apply to high- risk AI systems as regards the quality of data sets used, technical documentation and record-keeping, transparency and the provision of information to users, human oversight, and robustness, accuracy and cybersecurity. Those requirements are necessary to effectively mitigate the risks for health, safety and, fundamental rights, the environment and the Union values enshrined in Article 2 TEU, as applicable in the light of the intended purpose or reasonably foreseeable use of the system, and no other less trade restrictive measures are reasonably available, thus avoiding unjustified restrictions to trade.
2022/06/13
Committee: IMCOLIBE
Amendment 644 #

2021/0106(COD)

Proposal for a regulation
Recital 48 a (new)
(48 a) In order to protect natural persons that are developers or users of AI systems against retaliation from their employers and colleagues, and to prevent misconduct or breaches of this Regulation and other relevant Union law, they should have the right to rely on the whistleblower protections set in Directive (EU) 2019/1937 of the European Parliament and of the Council.
2022/06/13
Committee: IMCOLIBE
Amendment 666 #

2021/0106(COD)

Proposal for a regulation
Recital 58 a (new)
(58 a) Whilst risks related to AI systems can generate from the way such systems are designed, risks can as well stem from how such AI systems are used. Users of high-risk AI system therefore play a critical role in ensuring that fundamental rights are protected, complementing the obligations of the provider when developing the AI system. Users are best placed to understand how the high-risk AI system will be used concretely and can therefore identify potential risks that were not foreseen in the development phase, thanks to a more precise knowledge of the context of use, the people or groups of people likely to be affected, including marginalised and vulnerable groups. In order to efficiently ensure that fundamental rights are protected, the user of high-risk AI systems should therefore carry out a fundamental rights impact assessment on how it intends to use such AI systems, and prior to putting it into use. The impact assessment should be accompanied by a detailed plan describing the measures or tools that will help mitigating the risks to fundamental rights identified. When performing this impact assessment, the user should notify the national supervisory authority, the market surveillance authority as well as relevant stakeholders. It should also involve representatives of groups of persons likely to be affected by the AI system in order to collect relevant information which is deemed necessary to perform the impact assessment.
2022/06/13
Committee: IMCOLIBE
Amendment 681 #

2021/0106(COD)

Proposal for a regulation
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 the involvement of a notified body in the conformity assessment should be foreseen, to the extent they are not prohibited.deleted
2022/06/13
Committee: IMCOLIBE
Amendment 689 #

2021/0106(COD)

Proposal for a regulation
Recital 65
(65) In order to carry out third-party conformity assessment for AI systems intended to be used for the remote biometric identification of personsany of the use- cases listed in Annex III, notified bodies should be designated under this Regulation by the national competent authorities, provided they are compliant with a set of requirements, notably on independence, competence and absence of conflicts of interests.
2022/06/13
Committee: IMCOLIBE
Amendment 714 #

2021/0106(COD)

Proposal for a regulation
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. 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 that the content has been artificially created or manipulated by labelling the artificial intelligence output accordingly and disclosing its artificial origin.
2022/06/13
Committee: IMCOLIBE
Amendment 726 #

2021/0106(COD)

Proposal for a regulation
Recital 72
(72) The objectives of the regulatory sandboxes should be to foster AI innovation by establishing a controlled experimentation and testing environment in the development and pre-marketing phase with a view to ensuring compliance of the innovative AI systems with this Regulation and other relevant Union and Member States legislation; to enhance legal certainty for innovators and the competent authorities’ oversight and understanding of the opportunities, emerging risks and the impacts of AI use, and to accelerate access to markets, including by removing barriers for small and medium enterprises (SMEs) and start-ups. To ensure uniform implementation across the Union and economies of scale, it is appropriate to establish common rules for the regulatory sandboxes’ implementation and a framework for cooperation between the relevant authorities involved in the supervision of the sandboxes. This Regulation should provide the legal basis for the use of personal data collected for other purposes for developing certain AI systems in the public interest within the AI regulatory sandbox, in line with Article 6(4) of Regulation (EU) 2016/679, and Article 6 of Regulation (EU) 2018/1725, and without prejudice to Article 4(2) of Directive (EU) 2016/680. Participants in the sandbox should ensure appropriate safeguards and cooperate with the competent authorities, including by following their guidance and acting expeditiously and in good faith to mitigate any high-risks to safety and fundamental rights that may arise during the development and experimentation in the sandbox. The conduct of the participants in the sandbox should be taken into account when competent authorities decide whether to impose an administrative fine under Article 83(2) of Regulation 2016/679 and Article 57 of Directive 2016/680.
2022/06/13
Committee: IMCOLIBE
Amendment 728 #

2021/0106(COD)

Proposal for a regulation
Recital 72 a (new)
(72 a) To ensure that Artificial Intelligence leads to socially and environmentally beneficial outcomes, Member States should support and promote research and development of AI in support of socially and environmentally beneficial outcomes by allocating sufficient resources, including public and Union funding, and giving priority access to regulatory sandboxes to projects led by civil society. Such projects should be based on the principle of interdisciplinary cooperation between AI developers, experts on inequality and non- discrimination, accessibility, consumer, environmental, and digital rights, as well as academics.
2022/06/13
Committee: IMCOLIBE
Amendment 756 #

2021/0106(COD)

Proposal for a regulation
Recital 80 a (new)
(80 a) Where the national market surveillance authority has not taken measures against an infringement to this Regulation, the Commission should be in possession of all the necessary resources, in terms of staffing, expertise, and financial means, for the performance of its tasks instead of the national market surveillance authority under this Regulation. In order to ensure the availability of the resources necessary for the adequate investigation and enforcement measures that the Commission could undertake under this Regulation, the Commission should charge fees on national market surveillance authorities, the level of which should be established on a case-by-case basis. The overall amount of fees charged should be established on the basis of the overall amount of the costs incurred by the Commission to exercise its investigation and enforcement powers under this Regulation. Such an amount should include costs relating to the exercise of the specific powers and tasks connected to Chapter 4 of Title VIII of this Regulation. The external assigned revenues resulting from the fees could be used to finance additional human resources, such as contractual agents and seconded national experts, and other expenditure related to the fulfilment of these tasks entrusted to the Commission by this Regulation.
2022/06/13
Committee: IMCOLIBE
Amendment 765 #

2021/0106(COD)

Proposal for a regulation
Recital 84 a (new)
(84 a) An affected person should also have the right to mandate a not-for-profit body, organisation or association that has been properly constituted in accordance with the law of a Member State, to lodge the complaint on their behalf. To this end, Directive 2020/1828/EC on Representative Actions for the Protection of the Collective Interests of Consumers should be amended to include this Regulation among the provisions of Union law falling under its scope.
2022/06/13
Committee: IMCOLIBE
Amendment 772 #

2021/0106(COD)

Proposal for a regulation
Recital 85
(85) In order to ensure that the regulatory framework can be adapted where necessary, the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission to amend the techniques and approaches referred to in Annex I to define AI systems, the Union harmonisation legislation listed in Annex II, the high-risk AI systems listed in Annex III, the provisions regarding technical documentation listed in Annex IV, the content of the EU declaration of conformity in Annex V, and the provisions regarding the conformity assessment procedures in Annex VI and VII and the provisions establishing the high-risk AI systems to which the conformity assessment procedure based on assessment of the quality management system and assessment of the technical documentation should apply. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making58 . 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. _________________ 58 OJ L 123, 12.5.2016, p. 1.
2022/06/13
Committee: IMCOLIBE
Amendment 780 #

2021/0106(COD)

Proposal for a regulation
Article 1 – paragraph -1 (new)
-1 The purpose of this Regulation is to ensure a high level of protection of health, safety, fundamental rights, the environment and the Union values enshrined in Article 2 TEU from harmful effects of artificial intelligence systems in the Union while promoting innovation.
2022/06/13
Committee: IMCOLIBE
Amendment 790 #
2022/06/13
Committee: IMCOLIBE
Amendment 792 #

2021/0106(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point c a (new)
(c a) harmonised rules on high-risk AI systems to ensure a high level of trustworthiness and protection of fundamental rights, health and safety, the Union values enshrined in Article 2 TEU and the environment;
2022/06/13
Committee: IMCOLIBE
Amendment 811 #

2021/0106(COD)

Proposal for a regulation
Article 1 – paragraph 1 a (new)
This Regulation shall be applied taking due account of the precautionary principle.
2022/06/13
Committee: IMCOLIBE
Amendment 831 #

2021/0106(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point c a (new)
(c a) natural persons, affected by the use of an AI system, who are in the Union;
2022/06/13
Committee: IMCOLIBE
Amendment 838 #

2021/0106(COD)

Proposal for a regulation
Article 2 – paragraph 1 a (new)
1 a. providers placing on the market or putting into service AI systems in a third country where the provider or distributor of such AI systems originates from the Union;
2022/06/13
Committee: IMCOLIBE
Amendment 867 #

2021/0106(COD)

Proposal for a regulation
Article 2 – paragraph 3
3. This Regulation shall not apply to AI systems developed or used exclusively for military purposes. However, this Regulation shall apply to AI systems which are developed or used as dual-use items, as defined in Article 2, point (1) of Regulation (EU) 2021/821 of the European Parliament and of the Council1a. _________________ 1a Regulation (EU) 2021/821 of the European Parliament and of the Council of 20 May 2021 setting up a Union regime for the control of exports, brokering, technical assistance, transit and transfer of dual-use items (OJ L 206, 11.6.2021, p. 1).
2022/06/13
Committee: IMCOLIBE
Amendment 876 #

2021/0106(COD)

Proposal for a regulation
Article 2 – paragraph 3 a (new)
3 a. This Regulation shall apply to Union institutions, offices, bodies and agencies when acting as an operator of an AI system.
2022/06/13
Committee: IMCOLIBE
Amendment 878 #

2021/0106(COD)

Proposal for a regulation
Article 2 – paragraph 4
4. This Regulation shall not apply to public authorities in a third country nor to international organisations falling within the scope of this Regulation pursuant to paragraph 1, where those authorities or organisations use AI systems in the framework of international agreements for law enforcement and judicial cooperation with the Union or with one or more Member States.deleted
2022/06/13
Committee: IMCOLIBE
Amendment 890 #

2021/0106(COD)

Proposal for a regulation
Article 2 – paragraph 5 a (new)
5 a. This Regulation shall not affect community law on social policy.
2022/06/13
Committee: IMCOLIBE
Amendment 891 #

2021/0106(COD)

Proposal for a regulation
Article 2 – paragraph 5 b (new)
5 b. This Regulation shall not affect national labour law and practice or collective agreements, and it shall not preclude national legislation to ensure the protection of workers’ rights in respect of the use of AI systems by employers, including where this implies introducing more stringent obligations than those laid down in this Regulation.
2022/06/13
Committee: IMCOLIBE
Amendment 897 #

2021/0106(COD)

Proposal for a regulation
Article 2 – paragraph 5 c (new)
5 c. This Regulation is without prejudice to the rules laid down by other Union legal acts regulating other aspects of AI systems as well as the national rules aimed at enforcing or, as the case may be, implementing these acts, in particular Union law on consumer protection and product safety, including Regulation (EU)2017/2394, Regulation (EU) 2019/1020, Directive 2001/95/EC on general product safety and Directive 2013/11/EU.
2022/06/13
Committee: IMCOLIBE
Amendment 920 #

2021/0106(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 1
(1) ‘artificial intelligence system’ (AI system) means software that is developed with can perceive, learn, reasone or more of the techniques and approaches listed in Annex I and can, for a given set of human-defined objectives,del based on machine and/or human based inputs, to generate outputs such as content, hypotheses, predictions, recommendations, or decisions influencing the real or virtual environments they interact with;
2022/06/13
Committee: IMCOLIBE
Amendment 951 #

2021/0106(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 4 a (new)
(4 a) ‘affected person’ means the natural or legal person who is ultimately directly or indirectly affected by the deployment of an AI system.
2022/06/13
Committee: IMCOLIBE
Amendment 961 #

2021/0106(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 8 a (new)
(8 a) ‘affected person’ means any natural person or group of persons who are subject to or affected by an AI system;
2022/06/13
Committee: IMCOLIBE
Amendment 968 #

2021/0106(COD)

(12) ‘intendedreasonably foreseeable purpose’ means the use for which an AI system is intended by the provider, including the specific context and conditions of use, as specified in the information supplied by the provider in the instructions for use, promotional or sales materials and statements, as well as in the technical documentation;
2022/06/13
Committee: IMCOLIBE
Amendment 984 #

2021/0106(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 14
(14) ‘safety component of a product or system’ means a component of a product or of a system which fulfils a safety or security function for that product or system or the failure or malfunctioning of which endangers the health and, safety of persons or property, fundamental rights of persons or which damages property, or the environment;
2022/06/13
Committee: IMCOLIBE
Amendment 999 #

2021/0106(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 20
(20) ‘conformity assessment’ means the process of verifydemonstrating whether the requirements set out in Title III, Chapter 2 of this Regulation relating to an AI system have been fulfilled;
2022/06/13
Committee: IMCOLIBE
Amendment 1004 #

2021/0106(COD)

Proposal for a regulation
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 affects the compliance of the AI system with the requirements set out in Title III, Chapter 2 of this Regulation or results in a modification to the intended purpose for which the AI system has been assessed including the use of an AI system beyond its reasonably foreseeable purpose;
2022/06/13
Committee: IMCOLIBE
Amendment 1019 #

2021/0106(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 30
(30) ‘validation data’ means data used for providing an evaluation of the trained AI system and for tuning its non-learnable parameters and its learning process, among other things, in order to prevent underfitting or overfitting; whereas the validation dataset can beis a separate dataset or part of the training dataset, either as a fixed or variable split;
2022/06/13
Committee: IMCOLIBE
Amendment 1036 #

2021/0106(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 34
(34) ‘emotion recognition system’ means an AI system for the purpose of identifying or inferring emotions or intentions of natural personthoughts, states of mind or intentions of individuals or groups on the basis of their biometric and biometric-based data;
2022/06/13
Committee: IMCOLIBE
Amendment 1039 #

2021/0106(COD)

Proposal for a regulation
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 gender, sex, age, hair colour, eye colour, tattoos, ethnic origin or sexual or political orientation, on the basis of their biometric data; social origin, health, mental or physical ability, behavioural or personality traits, language, religion, or membership of a national minority, or sexual or political orientation, on the basis of their biometric or biometric-based data, or which can be reasonably inferred from such data.
2022/06/13
Committee: IMCOLIBE
Amendment 1089 #

2021/0106(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 44 – point a
(a) the death of a person or serious damage to a person’s health, to property or the environment,
2022/06/13
Committee: IMCOLIBE
Amendment 1095 #

2021/0106(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 44 – point b a (new)
(b a) a breach of obligations under Union law intended to protect fundamental rights;
2022/06/13
Committee: IMCOLIBE
Amendment 1098 #

2021/0106(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 44 a (new)
(44 a) ‘AI systems presenting a risk’ means an AI system having the potential to affect adversely fundamental rights, health and safety of persons in general, including in the workplace, protection of consumers, the environment, public security, the values enshrined in Article 2 TEU and other public interests, that are protected by the applicable Union harmonisation legislation, to a degree which goes beyond that considered reasonable and acceptable in relation to its intended purpose or under the normal or reasonably foreseeable conditions of use of the system concerned, including the duration of use and, where applicable, its putting into service, installation and maintenance requirements.
2022/06/13
Committee: IMCOLIBE
Amendment 1114 #

2021/0106(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 44 b (new)
(44 b) ‘child’ means any person below the age of 18 years.
2022/06/13
Committee: IMCOLIBE
Amendment 1132 #

2021/0106(COD)

Proposal for a regulation
Article 4
Amendments to Annex I 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, in order to update that list to market and technological developments on the basis of characteristics that are similar to the techniques and approaches listed therein.rticle 4 deleted
2022/06/13
Committee: IMCOLIBE
Amendment 1143 #

2021/0106(COD)

Proposal for a regulation
Article 4 a (new)
Article 4 a Principles applicable to all AI systems All operators of AI systems shall respect the following principles: 1. Operators of AI systems shall respect fundamental rights and the Union values, as enshrined in Article 2 TEU, throughout the AI system lifecycle. To ensure this, operators shall implement mechanisms and safeguards that are appropriate to the context and consistent with the state of art (‘fairness’) 2. Operators shall be accountable for the proper functioning of AI systems and for the respect of the fairness principle, based on their roles, the context, and consistent with the state of art. Operators shall ensure the proper functioning, throughout their lifecycle, of the AI systems that they design, develop, operate or use, in accordance with their role and applicable regulatory framework, and by demonstrating this through their actions and decision-making processes (‘accountability’) 3. Operators shall commit to transparency and responsible disclosure regarding AI systems. To this end, they shall provide meaningful information, appropriate to the context, and consistent with the state of the art: (a) to foster a general understanding of AI systems, (b) to make affected persons aware that they are interacting with an AI system and an explanation thereof, (c) to make affected persons aware about their rights conferred in this Regulation, (d) to enable those affected by an AI system to understand the outcome, and (e) to enable those adversely affected by an AI system to challenge its outcome based on plain and easy-to-understand information on the factors, and the logic that served as the basis for the prediction, recommendation or decision (‘transparency and explainability’). 4. Operators shall ensure that AI systems are robust, secure and safe throughout their entire lifecycle so that, in conditions of normal use, foreseeable use or misuse, or other adverse conditions, they function appropriately and do not pose unreasonable risk. Operators shall ensure, based on their roles and the context, traceability including in relation to datasets, processes and decisions made during the AI system lifecycle, to enable the analysis of the outcomes of the AI system and responses to inquiry, appropriate to the context and consistent with the state of the art. Operators shall, based on their roles, the context, and their ability to act, apply a systematic risk management approach to each phase of the AI system lifecycle on a continuous basis to address the risks related to AI systems, including privacy, protection of personal data, digital security, safety and bias (‘privacy and security’) 5. Operators shall proactively engage in pursuit of beneficial outcomes for people, societies and the planet, such as advancing inclusion, reducing economic, social, gender and other inequalities, and protecting natural environments, therefore invigorating inclusive growth, sustainable development and well-being (‘social benefit’).
2022/06/13
Committee: IMCOLIBE
Amendment 1148 #

2021/0106(COD)

Proposal for a regulation
Article 4 b (new)
Article 4 b Accessibility Requirements for providers and users of AI systems 1. Providers of AI systems shall ensure that their systems are accessible in accordance with the accessibility requirements set out in Section I, Section II, Section VI, and Section VII of Annex I of Directive (EU) 2019/882 prior to those systems being placed on the market or put into service. 2. Users of AI systems shall use such systems in accordance with the accessibility requirements set out in Section III, Section IV, Section VI, and Section VII of Annex I of Directive (EU) 2019/882. 3. Users of AI systems shall prepare the necessary information in accordance with Annex V of Directive (EU) 2019/882. Without prejudice to Annex VIII of this Regulation, the information shall be made available to the public in an accessible manner for persons with disabilities and be kept for as long as the AI system is in use. 4. Without prejudice to the rights of affected persons to information about the use and functioning of AI systems, transparency obligations for providers and users of AI, obligations to ensure consistent and meaningful public transparency under this Regulation, providers and users of AI systems shall ensure that information, forms and measures provided pursuant to this Regulation are made available in such a manner that they are easy to find, easy to understand, and accessible in accordance with Annex I to Directive 2019/882. 5. Users of AI systems shall ensure that procedures are in place so that the use of AI systems remains in conformity with the applicable accessibility requirements. Changes in the characteristics of the use, changes in applicable accessibility requirements and changes in the harmonised standards or in technical specifications by reference to which use of an AI system is declared to meet the accessibility requirements shall be adequately taken into account by the user. 6. In the case of non-conformity, users of AI systems shall take the corrective measures necessary to conform with the applicable accessibility requirements. When necessary, and at the request of the user, the provider of the AI system in question shall cooperate with the user to bring the use of the AI system into compliance with applicable accessibility requirements. 7. Furthermore, where the use of an AI system is not compliant with applicable accessibility requirements, the user shall immediately inform the competent national authorities of the Member States in which the system is being used, to that effect, giving details, in particular, of the non-compliance and of any corrective measures taken. They shall cooperate with the authority, at the request of that authority, on any action taken to bring the use of the AI system into compliance with applicable accessibility requirements. 8. AI systems and the use of thereof, which are in conformity with harmonised technical standards or parts thereof derived from Directive (EU) 2019/882 the references of which have been published in the Official Journal of the European Union, shall be presumed to be in conformity with the accessibility requirements of this Regulation in so far as those standards or parts thereof cover those requirements. 9. AI systems and use of thereof, which are in conformity with the technical specifications or parts thereof adopted for the Directive (EU) 2019/882 shall be presumed to be in conformity with the accessibility requirements of this Regulation in so far as those technical specifications or parts thereof cover those requirements.
2022/06/13
Committee: IMCOLIBE
Amendment 1153 #

2021/0106(COD)

Proposal for a regulation
Article 4 c (new)
Article 4 c Right to receive an explanation of individual decision-making 1. A decision which is taken by the user on the basis of the output from an AI system and which produces legal effects on an affected person, or which similarly significantly affects that person, shall be accompanied by a meaningful explanation of (a) the role of the AI system in the decision-making process; (b) the logic involved, the main parameters of the decision-making, and their relative weight; and (c) the input data relating to the affected person and each of the main parameters on the basis of which the decision was made. For information on input data under point c) to be meaningful, it must include an easily understandable description of inferences drawn from other data, if it is the inference that relates to the main parameter. 2. For the purpose of Paragraph 1, it shall be prohibited for the law enforcement authorities or the judiciary in the Union to use AI systems that are considered closed or labelled as proprietary by the providers or the distributors; 3. The explanation within the meaning of paragraph 1 shall be provided at the time when the decision is communicated to the affected person.
2022/06/13
Committee: IMCOLIBE
Amendment 1154 #

2021/0106(COD)

Proposal for a regulation
Article 4 d (new)
Article 4 d Right not to be subject to non-compliant AI systems Natural persons shall have the right not to be subject to AI systems that: (a) pose an unacceptable risk pursuant to Article 5, or (b) otherwise do not comply with the requirements of this Regulation.
2022/06/13
Committee: IMCOLIBE
Amendment 1157 #

2021/0106(COD)

Proposal for a regulation
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 to materially distort a person’s behaviourtechniques with the effect or likely effect of materially distorting a person’s behaviour by appreciably impairing the persons’ ability to make an informed decision, thereby causing the person to take a decision that they would not have taken otherwise, in a manner that causes or is likely to cause that person or another person, or a group of persons material or non-material harm, including physical or, psychological or economic harm;
2022/06/13
Committee: IMCOLIBE
Amendment 1170 #

2021/0106(COD)

Proposal for a regulation
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 to materially distort a person’s behaviour in a manner that causes or is likely to cause that person or another person physical or psychological harm;
2022/06/13
Committee: IMCOLIBE
Amendment 1173 #

2021/0106(COD)

Proposal for a regulation
Article 5 – paragraph 1 – point a a (new)
(a a) the placing on the market, putting into service or use of an AI system that deploys subliminal techniques.
2022/06/13
Committee: IMCOLIBE
Amendment 1176 #

2021/0106(COD)

Proposal for a regulation
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 ofor may be reasonably foreseen to exploit vulnerabilities of children or characteristics of a person or a specific group of persons due to their age, physical or mental disability, in order togender, sexual orientation, ethnicity, race, origin, and religion or social or economic situation, with the effect or likely effect of materially distorting the behaviour of a person pertaining to that group in a manner that causes or is likely to cause that person or another person material or non-material harm, including physical or, psychological or economic harm;
2022/06/13
Committee: IMCOLIBE
Amendment 1182 #

2021/0106(COD)

Proposal for a regulation
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 an individual or a specific group of persons due to their age, physical or mental 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, material or economic damage;
2022/06/13
Committee: IMCOLIBE
Amendment 1192 #

2021/0106(COD)

Proposal for a regulation
Article 5 – paragraph 1 – point c – introductory part
(c) the placing on the market, putting into service or use of AI systems by private actors or public authorities 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 behaviour or known or predicted personal or personality characteristics, with the social score leading to either or both of the following:;
2022/06/13
Committee: IMCOLIBE
Amendment 1202 #

2021/0106(COD)

Proposal for a regulation
Article 5 – paragraph 1 – point c – point i
(i) detrimental or unfavourable treatment of certain natural persons or whole groups thereof in social contexts which are unrelated to the contexts in which the data was originally generated or collected;deleted
2022/06/13
Committee: IMCOLIBE
Amendment 1217 #

2021/0106(COD)

Proposal for a regulation
Article 5 – paragraph 1 – point c – point ii
(ii) detrimental or unfavourable treatment of certain natural persons or whole groups thereof that is unjustified or disproportionate to their social behaviour or its gravity;deleted
2022/06/13
Committee: IMCOLIBE
Amendment 1222 #

2021/0106(COD)

Proposal for a regulation
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 or place-based 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;
2022/06/13
Committee: IMCOLIBE
Amendment 1237 #

2021/0106(COD)

(d) the use of ‘real-time’ remote biometric identification systems in publicly or privately 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:, both online and offline.
2022/06/13
Committee: IMCOLIBE
Amendment 1252 #

2021/0106(COD)

Proposal for a regulation
Article 5 – paragraph 1 – point d – point i
(i) the targeted search for specific potential victims of crime, including missing children;deleted
2022/06/13
Committee: IMCOLIBE
Amendment 1265 #

2021/0106(COD)

Proposal for a regulation
Article 5 – paragraph 1 – point d – point ii
(ii) the prevention of a specific, substantial and imminent threat to the life or physical safety of natural persons or of a terrorist attack;deleted
2022/06/13
Committee: IMCOLIBE
Amendment 1277 #

2021/0106(COD)

Proposal for a regulation
Article 5 – paragraph 1 – point d – point iii
(iii) the detection, localisation, identification or prosecution of a perpetrator or suspect of a criminal offence referred to in Article 2(2) of Council Framework Decision 2002/584/JHA62 and punishable in the Member State concerned by a custodial sentence or a detention order for a maximum period of at least three years, as determined by the law of that Member State. _________________ 62 Council Framework Decision 2002/584/JHA of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States (OJ L 190, 18.7.2002, p. 1).deleted
2022/06/13
Committee: IMCOLIBE
Amendment 1347 #

2021/0106(COD)

Proposal for a regulation
Article 5 – paragraph 1 a (new)
1 a. the placing on the market, putting into service or use of an AI system that analyses and understands human non- verbal signs such as facial expressions, body language, gestures and voice tones to assess their emotional state or perform biometric categorisation.
2022/06/13
Committee: IMCOLIBE
Amendment 1351 #

2021/0106(COD)

Proposal for a regulation
Article 5 – paragraph 2
2. The use of ‘real-time’ remote biometric identification systems in publicly accessible spaces for the purpose of law enforcement for any of the objectives referred to in paragraph 1 point d) shall take into account the following elements: (a) the nature of the situation giving rise to the possible use, in particular the seriousness, probability and scale of the harm caused in the absence of the use of the system; (b) the consequences of the use of the system for the rights and freedoms of all persons concerned, in particular the seriousness, probability and scale of those consequences. In addition, the use of ‘real-time’ remote biometric identification systems in publicly accessible spaces for the purpose of law enforcement for any of the objectives referred to in paragraph 1 point d) shall comply with necessary and proportionate safeguards and conditions in relation to the use, in particular as regards the temporal, geographic and personal limitations.deleted
2022/06/13
Committee: IMCOLIBE
Amendment 1368 #

2021/0106(COD)

Proposal for a regulation
Article 5 – paragraph 3
3. As regards paragraphs 1, point (d) and 2, each individual use for the purpose of law enforcement of a ‘real-time’ remote biometric identification system in publicly accessible spaces shall be subject to a prior authorisation granted by a judicial authority or by an independent administrative authority of the Member State in which the use is to take place, issued upon a reasoned request and in accordance with the detailed rules of national law referred to in paragraph 4. However, in a duly justified situation of urgency, the use of the system may be commenced without an authorisation and the authorisation may be requested only during or after the use. The competent judicial or administrative authority shall only grant the authorisation where it is satisfied, based on objective evidence or clear indications presented to it, that the use of the ‘real- time’ remote biometric identification system at issue is necessary for and proportionate to achieving one of the objectives specified in paragraph 1, point (d), as identified in the request. In deciding on the request, the competent judicial or administrative authority shall take into account the elements referred to in paragraph 2.deleted
2022/06/13
Committee: IMCOLIBE
Amendment 1380 #

2021/0106(COD)

Proposal for a regulation
Article 5 – paragraph 3 – subparagraph 1 – point 1 (new)
(1) The placing on the market, putting into service or use of biometric categorisation systems, or other AI systems, that categorise natural persons or groups of persons according to sensitive or protected attributes or characteristics, or infer those attributes or characteristics. Sensitive attributes or characteristics include, but are not limited to: gender and gender identity, race, ethnic origin, migration or citizenship status, political orientation, sexual orientation, religion, disability or any other grounds on which discrimination is prohibited under Article 21 of the EU Charter of Fundamental Rights as well as under Article 9 of the Regulation (EU) 2016/679.
2022/06/13
Committee: IMCOLIBE
Amendment 1382 #

2021/0106(COD)

Proposal for a regulation
Article 5 – paragraph 4
4. A Member State may decide to provide for the possibility to fully or partially authorise the use of ‘real-time’ remote biometric identification systems in publicly accessible spaces for the purpose of law enforcement within the limits and under the conditions listed in paragraphs 1, point (d), 2 and 3. That Member State shall lay down in its national law the necessary detailed rules for the request, issuance and exercise of, as well as supervision relating to, the authorisations referred to in paragraph 3. Those rules shall also specify in respect of which of the objectives listed in paragraph 1, point (d), including which of the criminal offences referred to in point (iii) thereof, the competent authorities may be authorised to use those systems for the purpose of law enforcement.deleted
2022/06/13
Committee: IMCOLIBE
Amendment 1395 #

2021/0106(COD)

Proposal for a regulation
Article 5 – paragraph 4 a (new)
4 a. The placing on the market, putting into service or use of AI systems intended to be used as polygraphs, emotion recognition systems or similar tools to detect the emotional state, trustworthiness or related characteristics of a natural person.
2022/06/13
Committee: IMCOLIBE
Amendment 1396 #

2021/0106(COD)

Proposal for a regulation
Article 5 – paragraph 4 a (new)
4 a. In order to increase public transparency and oversight every decision about the deployment or marketing of any AI system that is categorised as posing an unacceptable risk shall be made public.
2022/06/13
Committee: IMCOLIBE
Amendment 1398 #

2021/0106(COD)

Proposal for a regulation
Article 5 – paragraph 4 b (new)
4 b. Member States may, by law or collective agreements, decide to prohibit or to limit the use of AI systems to ensure the protection of the rights of workers in the employment context, in particular for the purposes of the recruitment, the performance of the contract of employment, including discharge obligations laid down by law or by collective agreements, management, planning and organization of work, equality and diversity at the workplace, health and safety at work, protection of employers or customers' property and for the purposes of the exercise and enjoyment, on an individual or collective basis, of rights and benefits related to employment, and for the purpose of the termination of the employment relationship.
2022/06/13
Committee: IMCOLIBE
Amendment 1399 #

2021/0106(COD)

Proposal for a regulation
Article 5 – paragraph 4 c (new)
4 c. the placing on the market, putting into service or the use of AI systems by or on behalf of competent authorities in migration, asylum or border control management, to profile an individual or 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 the territory of a Member State, on the basis of personal or sensitive data, known or predicted, except for the sole purpose of identifying specific care and support needs;
2022/06/13
Committee: IMCOLIBE
Amendment 1400 #

2021/0106(COD)

Proposal for a regulation
Article 5 – paragraph 4 d (new)
4 d. the placing on the market, putting into service or use of AI systems by competent authorities or on their behalf in migration, asylum and border control management, to forecast or predict individual or collective movement for the purpose of, or in any way reasonably foreseeably leading to, the prohibiting, curtailing or preventing migration or border crossings;
2022/06/13
Committee: IMCOLIBE
Amendment 1401 #

2021/0106(COD)

Proposal for a regulation
Article 5 – paragraph 4 e (new)
4 e. the placing on the market, putting into service or the use of AI systems intended to assist competent authorities for the examination of application for asylum, visa and residence permits and associated complaints with regard to the eligibility of the natural persons applying for a status;
2022/06/13
Committee: IMCOLIBE
Amendment 1402 #

2021/0106(COD)

Proposal for a regulation
Article 5 – paragraph 4 f (new)
4 f. the placing on the market, putting into service, or use of an AI system for the specific technical processing of brain or brain-generated data in order to access, infer, influence, or manipulate a person's thoughts, emotions, memories, intentions, beliefs, or other mental states against that person's will or in a manner that causes or is likely to cause that person or another person physical or psychological harm;
2022/06/13
Committee: IMCOLIBE
Amendment 1413 #

2021/0106(COD)

Proposal for a regulation
Article 6 – paragraph -1 (new)
-1. AI systems referred to in Annex III shall be considered high-risk for the purposes of this Regulation.
2022/06/13
Committee: IMCOLIBE
Amendment 1433 #

2021/0106(COD)

Proposal for a regulation
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.deleted
2022/06/13
Committee: IMCOLIBE
Amendment 1462 #

2021/0106(COD)

Proposal for a regulation
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 addingAnnex III, including by adding new areas of high-risk AI systems, where both of the following conditions are fulfilled: a type of AI system poses a risk of harm to the health and safety, a risk of adverse impact on fundamental rights, on climate change mitigation and adaptation, the environment, or a risk of contravention of the Union values enshrined in Article 2 TEU, and that risk is, in respect of its severity and probability of occurrence, equivalent to or greater than the risk of harm or of adverse impact posed by the high-risk AI systems in use in the areas listed in Annex III.
2022/06/13
Committee: IMCOLIBE
Amendment 1473 #

2021/0106(COD)

Proposal for a regulation
Article 7 – paragraph 1 – point a
(a) the AI systems are intended to be used in any of the areas listed in points 1 to 8 of Annex III;deleted
2022/06/13
Committee: IMCOLIBE
Amendment 1481 #

2021/0106(COD)

Proposal for a regulation
Article 7 – paragraph 1 – point b
(b) the AI systems pose a risk of harm to the health and safety, or a risk of adverse impact on fundamental rights, that is, in respect of its severity and probability of occurrence, equivalent to or greater than the risk of harm or of adverse impact posed by the high-risk AI systems already referred to in Annex III.deleted
2022/06/13
Committee: IMCOLIBE
Amendment 1507 #

2021/0106(COD)

Proposal for a regulation
Article 7 – paragraph 2 – point c
(c) the extent to which the use of an AI system has already caused harm to natural persons, has contravened the Union values enshrined in Article 2 TEU, has caused harm to the health and safety or has had an adverse impact on the fundamental rights, on the environment or society, or has given rise to significant concerns in relation to the materialisation of such harm or adverse impact, as demonstrated by reports or documented allegations submitted to national competent authorities, to the Commission, to the Board, to the EDPS or to the European Union Agency for Fundamental Rights (FRA);
2022/06/13
Committee: IMCOLIBE
Amendment 1526 #

2021/0106(COD)

Proposal for a regulation
Article 7 – paragraph 2 – point g
(g) the extent to which the outcome produced with an AI system is easily reversible, whereby outcomes having an impact on the health or safety of persons, the fundamental rights of persons, the environment or society, or on the Union values enshrined in Article 2 TEU shall not be considered as easily reversible;
2022/06/13
Committee: IMCOLIBE
Amendment 1566 #

2021/0106(COD)

Proposal for a regulation
Article 8 – paragraph 2
2. The intended purpose, reasonably foreseeable uses and foreseeable misuses of the high- risk AI system and the risk management system referred to in Article 9 shall be taken into account when ensuring compliance with those requirements.
2022/06/13
Committee: IMCOLIBE
Amendment 1594 #

2021/0106(COD)

Proposal for a regulation
Article 9 – paragraph 2 – point b
(b) estimation and evaluation of the risks that may emerge when the high-risk AI system is used in accordance with its intended purpose or reasonably foreseeable use and under conditions of reasonably foreseeable misuse;
2022/06/13
Committee: IMCOLIBE
Amendment 1615 #

2021/0106(COD)

4. The risk management measures referred to in paragraph 2, point (d) shall be such that any residual risk associated with each hazard as well as the overall residual risk of the high-risk AI systems is judged acceptable, provided that the high- risk AI system is used in accordance with its intended purpose or under conditions of reasonably foreseeable use or misuse. Those residual risks shall be communicated to the user.
2022/06/13
Committee: IMCOLIBE
Amendment 1633 #

2021/0106(COD)

Proposal for a regulation
Article 9 – paragraph 4 – subparagraph 2
In eliminating or reducing risks related to the use of the high-risk AI system, due consideration shall be given to the technical knowledge, experience, education, training to be expected by the user and the environment in which the system is intended or reasonably foreseeable to be used.
2022/06/13
Committee: IMCOLIBE
Amendment 1678 #

2021/0106(COD)

Proposal for a regulation
Article 10 – paragraph 1 a (new)
1 a. Validation datatsets shall be separate datasets from both the testing and the training datasets, in order for the evaluation to be unbiased. If only one dataset is available, it shall be divided in three parts: a training set, a validation set, and a testing set. Each set shall comply with paragraph 3 of this Article.
2022/06/13
Committee: IMCOLIBE
Amendment 1680 #

2021/0106(COD)

Proposal for a regulation
Article 10 – paragraph 1 b (new)
1 b. Techniques such as unsupervised learning and reinforcement learning, that do not use validation and testing datasets, shall be developed on the basis of training datasets that meet the quality criteria referred to in paragraphs 2 to 4.
2022/06/13
Committee: IMCOLIBE
Amendment 1711 #

2021/0106(COD)

Proposal for a regulation
Article 10 – paragraph 2 a (new)
2 a. the evaluation of the impacts of a high-risk AI system, designed to ensure it is functioning as intended, that there are no errors or risks left unaddressed and that the system continues to meet the state-of-the-art standards required by this Regulation (ex post requirement).
2022/06/13
Committee: IMCOLIBE
Amendment 1719 #

2021/0106(COD)

3. Training, validation and testing data sets shall be relevant, representative, up-to-date, and to the best extent possible, taking into account the state of the art, free of errors and be as complete as possible. 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 mayshall be met at the level of each individual data sets or a combination thereof.
2022/06/13
Committee: IMCOLIBE
Amendment 1732 #

2021/0106(COD)

Proposal for a regulation
Article 10 – paragraph 4
4. Training, validation and testing dData sets shall take into account, to the extent required by the intended purpose, the reasonably foreseeable uses and misuses of AI systems, the characteristics or elements that are particular to the specific geographical, cultural, behavioural or functional setting within which the high-risk AI system is intended to be used.
2022/06/13
Committee: IMCOLIBE
Amendment 1764 #

2021/0106(COD)

Proposal for a regulation
Article 11 – paragraph 3 a (new)
3 a. Providers that are credit institutions regulated by Directive 2013/36/EU shall maintain the technical documentation as part of the documentation concerning internal governance, arrangements, processes and mechanisms pursuant to Article 74 of that Directive.
2022/06/13
Committee: IMCOLIBE
Amendment 1773 #

2021/0106(COD)

Proposal for a regulation
Article 12 – paragraph 2
2. The logging capabilities shall ensure a level of traceability of the AI system’s functioning throughout its lifecycle that is appropriate to the intended purpose or reasonably foreseeable use of the system.
2022/06/13
Committee: IMCOLIBE
Amendment 1782 #

2021/0106(COD)

Proposal for a regulation
Article 12 – paragraph 4 – point a
(a) recording of the period of each use of the system (start date and time and end date and time of each use);
2022/06/13
Committee: IMCOLIBE
Amendment 1783 #

2021/0106(COD)

Proposal for a regulation
Article 12 – paragraph 4 – point c
(c) the input data for which the search has led to a match;deleted
2022/06/13
Committee: IMCOLIBE
Amendment 1873 #

2021/0106(COD)

Proposal for a regulation
Article 15 a (new)
Article 15 a Sustainable AI systems reporting 1. Providers of high-risk AI systems shall make publicly available information on the energy consumption of the AI system, in particular its carbon footprint with regard to the development of hardware, computational resources, as well as algorithm design and training, testing and validating processes of the high-risk AI systems. The provider shall include this information in the technical documentation referred to in Article 11. 2. The Commission shall develop, by means of an implementing act, a standardised document to facilitate the disclosure of information on the energy used in the training and execution of AI systems and their carbon intensity.
2022/06/13
Committee: IMCOLIBE
Amendment 1882 #

2021/0106(COD)

Proposal for a regulation
Article 16 – paragraph 1 – point a a (new)
(a a) indicate their name, registered trade name or registered trade mark, and their address on the high-risk AI system or, where that is not possible, on its packaging or its accompanying documentation, as appropriate;
2022/06/13
Committee: IMCOLIBE
Amendment 1945 #

2021/0106(COD)

Proposal for a regulation
Article 18
Obligation to draw up technical documentation 1. Providers of high-risk AI systems shall draw up the technical documen-tation referred to in Article 11 in accordance with Annex IV. 2. Providers that are credit institutions regulated by Directive 2013/36/EU shall maintain the technical documentation as part of the documentation concerning internal governance, arrangements, processes and mechanisms pursuant to Article 74 of that Directive.Article 18 deleted
2022/06/13
Committee: IMCOLIBE
Amendment 2060 #

2021/0106(COD)

Prior to putting into service or use an AI system at the workplace, users shall consult workers representatives, inform the affected employees that they will be subject to the system and obtain their consent.
2022/06/13
Committee: IMCOLIBE
Amendment 2079 #

2021/0106(COD)

Proposal for a regulation
Article 29 a (new)
Article 29 a Fundamental rights impact assessment for high-risk AI systems 1. Prior to putting a high-risk AI system as defined in Article 6(2) into use, users shall conduct an assessment of the systems’ impact in the specific context of use. This assessment shall include, at a minimum, the following elements: (a) a clear outline of the intended purpose for which the system will be used; (b) a clear outline of the intended geographic and temporal scope of the system’s use; (ba) categories of natural persons and groups likely to be affected by the use of the system; (c) verification that the use of the system is compliant with relevant Union and national law, and with fundamental rights law; (d) the foreseeable direct or indirect impact on fundamental rights of putting the high-risk AI system into use; (e) any specific risk of harm likely to impact marginalised persons or vulnerable groups; (f) the foreseeable impact of the use of the system on the environment including, but not limited to, energy consumption; (g) any other negative impact on the protection of the values enshrined in Article 2 TEU; (h) in the case of public authorities, any other impact on democracy, rule of law and allocation of public funds; and (i) a detailed plan as to how the harms and the negative direct or indirect impact on fundamental rights identified will be mitigated. 2. If a detailed plan to mitigate the risks outlined in the course of the assessment outlined in paragraph 1 cannot be identified, the user shall refrain from putting the high-risk AI system into use and inform the provider and the relevant national competent authorities without undue delay. Market surveillance authorities, pursuant to Articles 65 and 67, shall take this information into account when investigating systems which present a risk at national level. 3. The obligation outlined under paragraph 1 applies for each new use of the high-risk AI system. 4. In the course of the impact assessment, the user shall notify relevant national competent authorities and relevant stakeholders and involve representatives of the persons or groups of persons that are reasonably foreseeable to be affected by the high-risk AI system, as identified in paragraph 1, including but not limited to: equality bodies, consumer protection agencies, social partners and data protection agencies, with a view to receiving input into the impact assessment. The user must allow a period of six weeks for bodies to respond. 5. The user that is a public authority shall publish the results of the impact assessment as part of the registration of use pursuant to their obligation under Article 51(2).
2022/06/13
Committee: IMCOLIBE
Amendment 2092 #

2021/0106(COD)

Proposal for a regulation
Article 30 – paragraph 8
8. Notifying authorities shall make sure that conformity assessments are carried out in a proportionate and timely manner, avoiding unnecessary burdens for providers and that notified bodies perform their activities taking due account of the size of an undertaking, the sector in which it operates, its structure and the degree of complexity of the AI system in question.
2022/06/13
Committee: IMCOLIBE
Amendment 2094 #

2021/0106(COD)

Proposal for a regulation
Article 31 – paragraph 3
3. Where the conformity assessment body concerned cannot provide an accreditation certificate, it shall provide the notifying authority with all the documentary evidence necessary for the verification, recognition and regular monitoring of its compliance with the requirements laid down in Article 33. For notified bodies which are designated under any other Union harmonisation legislation, all documents and certificates linked to those designations may be used to support their designation procedure under this Regulation, as appropriate.
2022/06/13
Committee: IMCOLIBE
Amendment 2096 #

2021/0106(COD)

Proposal for a regulation
Article 32 – paragraph 3
3. The notification referred to in paragraph 2 shall include full details of the conformity assessment activities, the conformity assessment module or modules and the artificial intelligence technologies concerned, as well as the relevant attestation of competence.
2022/06/13
Committee: IMCOLIBE
Amendment 2098 #

2021/0106(COD)

Proposal for a regulation
Article 32 – paragraph 4
4. The conformity assessment body concerned may perform the activities of a notified body only where no objections are raised by the Commission or the other Member States. within onetwo weeks of the validation of the notification where it includes an accreditation certificate referred to in Article 31(2), or within two months of athe notification where it includes documentary evidence referred to in Article 31(3).
2022/06/13
Committee: IMCOLIBE
Amendment 2100 #

2021/0106(COD)

Proposal for a regulation
Article 32 – paragraph 4 a (new)
4 a. Where objections are raised, the Commission shall without delay enter into consultation with the relevant Member States and the conformity assessment body. In view thereof, the Commission shall decide whether the authorisation is justified or not. The Commission shall address its decision to the Member State concerned and the relevant conformity assessment body.
2022/06/13
Committee: IMCOLIBE
Amendment 2104 #

2021/0106(COD)

Proposal for a regulation
Article 33 – paragraph 4
4. Notified bodies shall be independent of the provider of a high-risk AI system in relation to which it performs conformity assessment activities. Notified bodies shall also be independent of any other operator having an economic interest in the high-risk AI system that is assessed, as well as of any competitors of the provider. This shall not preclude the use of assessed AI systems that are necessary for the operations of the conformity assessment body or the use of such systems for personal purposes.
2022/06/13
Committee: IMCOLIBE
Amendment 2110 #

2021/0106(COD)

Proposal for a regulation
Article 36 – paragraph 1
1. Where a notifying authority has suspicions or has been informed that a notified body no longer meets the requirements laid down in Article 33, or that it is failing to fulfil its obligations, that authority shall without delay investigate the matter with the utmost diligence. In that context, it shall inform the notified body concerned about the objections raised and give it the possibility to make its views known. If the notifying authority comes to the conclusion that the notified body investigation no longer meets the requirements laid down in Article 33 or that it is failing to fulfil its obligations, it shall restrict, suspend or withdraw the notification as appropriate, depending on the seriousness of the failure. It shall also immediately inform the Commission and the other Member States accordingly.
2022/06/13
Committee: IMCOLIBE
Amendment 2112 #

2021/0106(COD)

Proposal for a regulation
Article 37 – paragraph 3
3. The Commission shall ensure that all confidentialsensitive information obtained in the course of its investigations pursuant to this Article is treated confidentially.
2022/06/13
Committee: IMCOLIBE
Amendment 2119 #

2021/0106(COD)

Proposal for a regulation
Article 39 – paragraph 1
Conformity assessment bodies established under the law of a third country with which the Union has concluded an agreement in this respect may be authorised to carry out the activities of notified Bodies under this Regulation.
2022/06/13
Committee: IMCOLIBE
Amendment 2127 #

2021/0106(COD)

Proposal for a regulation
Article 40 – paragraph 1 a (new)
When AI systems are intended to be deployed at the workplace, harmonised standards shall be limited to technical specifications and procedures.
2022/06/13
Committee: IMCOLIBE
Amendment 2159 #

2021/0106(COD)

Proposal for a regulation
Article 43 – paragraph 1 – introductory part
1. For high-risk AI systems listed in point 1 of Annex III, where, in demonstrating the compliance of a high- risk AI system with the requirements set out in Chapter 2 of this Title, the provider has not applied harmonised standards referred to in Article 40, or, where applicable, common specifications referred to in Article 41, the provider shall follow one of the following procedures:the conformity assessment procedure based on assessment of the quality management system and assessment of the technical documentation, with the involvement of a notified body, referred to in Annex VII.
2022/06/13
Committee: IMCOLIBE
Amendment 2164 #

2021/0106(COD)

Proposal for a regulation
Article 43 – paragraph 1 – point a
(a) the conformity assessment procedure based on internal control referred to in Annex VI;deleted
2022/06/13
Committee: IMCOLIBE
Amendment 2168 #

2021/0106(COD)

Proposal for a regulation
Article 43 – paragraph 1 – point b
(b) the conformity assessment procedure based on assessment of the quality management system and assessment of the technical documentation, with the involvement of a notified body, referred to in Annex VII.deleted
2022/06/13
Committee: IMCOLIBE
Amendment 2173 #

2021/0106(COD)

Proposal for a regulation
Article 43 – paragraph 1 – subparagraph 1
Where, in demonstrating the compliance of a high-risk AI system with the requirements set out in Chapter 2 of this Title, the provider has not applied or has applied only in part harmonised standards referred to in Article 40, or where such harmonised standards do not exist and common specifications referred to in Article 41 are not available, the provider shall follow the conformity assessment procedure set out in Annex VII.deleted
2022/06/13
Committee: IMCOLIBE
Amendment 2176 #

2021/0106(COD)

Proposal for a regulation
Article 43 – paragraph 1 – subparagraph 2
For the purpose of the conformity assessment procedure referred to in Annex VII, the provider may choose any of the notified bodies. However, when the system is intended to be put into service by law enforcement, immigration or asylum authorities as well as EU institutions, bodies or agencies, the market surveillance authority referred to in Article 63(5) or (6), as applicable, shall act as a notified body.deleted
2022/06/13
Committee: IMCOLIBE
Amendment 2178 #

2021/0106(COD)

Proposal for a regulation
Article 43 – paragraph 1 a (new)
1 a. Without prejudice to paragraph 1, if the provider has applied harmonised standard referred to in Article 40, or where applicable, common specifications referred to in Article 41, it shall follow the conformity assessment procedure based on internal control referred to in Annex VI.
2022/06/13
Committee: IMCOLIBE
Amendment 2179 #

2021/0106(COD)

Proposal for a regulation
Article 43 – paragraph 1 b (new)
1 b. In the following cases, the compliance of the high-risk AI system with requirements laid down in Chapter 2 of this Title shall be assessed following the conformity assessment procedure based on the assessment of the quality management system and the assessment of the technical documentation, with the involvement of a notified body, referred to in Annex VII: (a) where harmonised standards, the reference number of which has been published in the Official Journal of the European Union, covering all relevant safety requirements for the AI system, do not exist; (b) where the harmonised standards referred to in point (a) exist but the manufacturer has not applied them or has applied them only in part; (c) where one or more of the harmonised standards referred to in point (a) has been published with a restriction; (d) when the provider considers that the nature, design, construction or purpose of the AI system necessitate third party verification.
2022/06/13
Committee: IMCOLIBE
Amendment 2182 #

2021/0106(COD)

Proposal for a regulation
Article 43 – paragraph 2
2. For high-risk AI systems referred to in points 2 to 8 of Annex III, providers shall follow the conformity assessment procedure based on internal control as referred to in Annex VI, which does not provide for the involvement of a notified body. For high-risk AI systems referred to in point 5(b) of Annex III, placed on the market or put into service by credit institutions regulated by Directive 2013/36/EU, the conformity assessment shall be carried out as part of the procedure referred to in Articles 97 to101 of that Directive.
2022/06/13
Committee: IMCOLIBE
Amendment 2197 #

2021/0106(COD)

Proposal for a regulation
Article 43 – paragraph 4 a (new)
4 a. The specific interests and needs of the small-scale providers shall be taken into account when setting the fees for third-party conformity assessment under this Article, reducing those fees proportionately to their size and market size.
2022/06/13
Committee: IMCOLIBE
Amendment 2205 #

2021/0106(COD)

Proposal for a regulation
Article 43 – paragraph 6
6. The Commission is empowered to adopt delegated acts to amend paragraphs 1 and 2 in order to subject high-risk AI systems referred to in points 2 to 8 of Annex III to the conformity assessment procedure referred to in Annex VII or parts thereof. The Commission shall adopt such delegated acts taking into account the effectiveness of the conformity assessment procedure based on internal control referred to in Annex VI in preventing or minimizing the risks to health and safety and protection of fundamental rights posed by such systems as well as the availability of adequate capacities and resources among notified bodies.
2022/06/13
Committee: IMCOLIBE
Amendment 2230 #

2021/0106(COD)

Proposal for a regulation
Article 49 – paragraph 1
1. The CE marking shall be affixed visibly, legibly and indelibly for high-risk AI systems before the high-risk AI system is placed on the market. 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. It may be followed by a pictogram or any other marking indicating a special risk or use.
2022/06/13
Committee: IMCOLIBE
Amendment 2236 #

2021/0106(COD)

Proposal for a regulation
Article 49 – paragraph 3 a (new)
3 a. Where high-risk AI systems are subject to other Union legislation which also provides for the affixing of the CE marking, the CE marking shall indicate that the high-risk AI system also fulfil the requirements of that other legislation.
2022/06/13
Committee: IMCOLIBE
Amendment 2238 #

2021/0106(COD)

Proposal for a regulation
Article 50 – paragraph 1 – introductory part
The provider shall, for the entire lifecycle of the AI system or for a period ending 10 years after the AI system has been placed on the market or put into service, whichever is the longest, keep at the disposal of the national competent authorities:
2022/06/13
Committee: IMCOLIBE
Amendment 2317 #

2021/0106(COD)

Proposal for a regulation
Article 53 – paragraph 3
3. The AI regulatory sandboxes shall not affect the supervisory and corrective powers of the competent authorities. Any significant risks to health and safety and, fundamental rights and the environment identified during the development and testing of such systems shall result in immediate mitigation and, failing that, in the suspension ofand adequate mitigation. Where such mitigation proves to be ineffective, the development and testing process shall be suspended without delay until such mitigation takes place.
2022/06/13
Committee: IMCOLIBE
Amendment 2369 #

2021/0106(COD)

Proposal for a regulation
Article 54 a (new)
Article 54 a Promotion of AI research and development in support of socially and environmentally beneficial outcomes 1. 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, including within the sandboxes, for communication with projects to provide guidance and respond to queries about the implementation of this Regulation. 2. Without prejudice to Article 55 a (new)1(a), Member States shall ensure that relevant projects are led by civil society and social stakeholders that set the project priorities, goals, and outcomes.
2022/06/13
Committee: IMCOLIBE
Amendment 2504 #

2021/0106(COD)

Proposal for a regulation
Article 58 – paragraph 1 – point c – introductory part
(c) issue opinions, recommendations or written contributions on matters related to the implementation of this Regulation, after consulting relevant stakeholders, in particular
2022/06/13
Committee: IMCOLIBE
Amendment 2515 #

2021/0106(COD)

Proposal for a regulation
Article 58 – paragraph 1 – point c a (new)
(c a) advise the Commission on the possible amendment of Article 5, to expand the prohibitions, based on national and cross-border cases that led to withdrawing or recalling AI systems from the market.
2022/06/13
Committee: IMCOLIBE
Amendment 2651 #

2021/0106(COD)

Proposal for a regulation
Article 62 – paragraph 1 – introductory part
1. Providers and, where users have identified a serious incident or malfunctioning, 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 and to the affected persons and, where the incident or breach occurs or is likely to occur in at least two Member States, to the Commission.
2022/06/13
Committee: IMCOLIBE
Amendment 2667 #

2021/0106(COD)

Proposal for a regulation
Article 62 – paragraph 2 a (new)
2 a. The market surveillance authorities shall take appropriate measures within 7 days from the date it received the notification referred to in paragraph 1. Where the infringement takes place or is likely to take place in other Member States, the market surveillance authority shall notify the Commission, the Board and the relevant national competent authorities of these Member States.
2022/06/13
Committee: IMCOLIBE
Amendment 2670 #

2021/0106(COD)

Proposal for a regulation
Article 62 – paragraph 3
3. For high-risk AI systems referred to in point 5(b) of Annex III which are placed on the market or put into service by providers that are credit institutions regulated by Directive 2013/36/EU and for high-risk AI systems which are safety components of devices, or are themselves devices, covered by Regulation (EU) 2017/745 and Regulation (EU) 2017/746, the notification of serious incidents or malfunctioning for the purposes of this Regulation shall be limited to those that that constitute a breach of obligations under Union law intended to protect fundamental rights and the environment.
2022/06/13
Committee: IMCOLIBE
Amendment 2677 #

2021/0106(COD)

Proposal for a regulation
Article 63 – paragraph 5
5. For AI systems listed in point 1(a) in so far as the systemsthat are used for law enforcement purposes, points 6 and 7 of Annex III, Member States shall designate as market surveillance authorities for the purposes of this Regulation either the competent data protection supervisory authorities under Directive (EU) 2016/680, or Regulation 2016/679 or the national competent authorities supervising the activities of the law enforcement, immigration or asylum authorities putting into service or using those systems.
2022/06/13
Committee: IMCOLIBE
Amendment 2705 #

2021/0106(COD)

Proposal for a regulation
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 persmeans an AI system having the potential to affect adversely fundamental rights, health and safety of persons in general, including in the workplace, protection of consumers, the environment, public security, the values enshrined in Article 2 TEU and other public interests, that are protected by the applicable Union harmonisation legislation, to a degree which goes beyond that considered reasonable and acceptable in relation to its intended purpose or under the normal or reasonably foreseeable conditions of use of the system concerned, including the duration of use and, where applicable, its putting into service, installations are concernednd maintenance requirements.
2022/06/13
Committee: IMCOLIBE
Amendment 2717 #

2021/0106(COD)

Proposal for a regulation
Article 65 – paragraph 2 – subparagraph 1
Where, in the course of that evaluation, the market surveillance authority or, where relevant, the national public authority referred to in Article 64(3) finds that the AI system does not comply with the requirements and obligations laid down in this Regulation, it shall without delay require the relevant operator to take all appropriate corrective actions to bring the AI system into compliance, 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, and in any case no later than 15 working days.
2022/06/13
Committee: IMCOLIBE
Amendment 2725 #

2021/0106(COD)

Proposal for a regulation
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 or put into service, to withdraw the productAI system from that market or to recall it. That authority shall immediately inform the Commission, the Board and the other Member States, without delay, of those measures.
2022/06/13
Committee: IMCOLIBE
Amendment 2728 #

2021/0106(COD)

Proposal for a regulation
Article 65 – paragraph 6 – point a
(a) a failure of the AI system to meet requirements set out in Title III, Chapter 2and obligations set out in this Regulation;
2022/06/13
Committee: IMCOLIBE
Amendment 2745 #

2021/0106(COD)

Proposal for a regulation
Article 66 a (new)
Article 66 a Requests for Commission intervention 1. Where market surveillance authorities have reasons to suspect that the infringement of a provider or of a user of a high-risk AI system to this Regulation is liable to compromise the health or safety or fundamental of affected persons, the environment and the Union values enshrined in Article 2 TEU amount to a widespread infringement or a widespread infringement with a Uniondimension or affects or is likely affect at least 45 million citizens in the Union. The market surveillance authority may request the Commission to take the necessary investigatory and enforcement measures to ensure compliance with this Regulation. Such request shall set out the reasons for the Commission to intervene. 2. Prior to requesting the Commission to intervene, the market surveillance authority shall notify the Board which shall issue within 7 days a non-binding opinion on the request for the Commission to intervene. The market surveillance authority shall take into account the non-binding opinion of the Board before sending its request to the Commission.
2022/06/13
Committee: IMCOLIBE
Amendment 2749 #

2021/0106(COD)

Proposal for a regulation
Article 67 – paragraph 1
1. Where, having performed an evaluation under Article 65, in full cooperation with the relevant national public authority referred to in Article 64(3),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, environment, European values as enshrined in Article 2 TEU or to other aspects of public interest protection, 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.
2022/06/13
Committee: IMCOLIBE
Amendment 2770 #

2021/0106(COD)

Proposal for a regulation
Article 68 a (new)
Article 68 a Insufficient application or non- application of Union law by the competent authority 1. Where a competent authority has failed to ensure that an AI system is in compliance with the requirements laid down in this Regulation, or where a competent authority fails to require sufficient corrective action from an operator of an AI system that is incompliance with this Regulation but 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, the Commission shall act in accordance with the powers set out in the following paragraphs of this Article. 2. Upon request from one or more competent authorities, the European Parliament, the Council, the European Artificial Intelligence Board, or on its own initiative, including when this is based on well substantiated information from natural or legal persons, and after having informed the competent authority concerned, the Commission shall outline how it intends to proceed with the case and, where appropriate, investigate the alleged insufficient application or non- application of Union law. The competent authority shall, without delay, provide the Commission with all information which the Commission considers necessary for its investigation. The Commission may, after having informed the competent authority concerned, address a duly justified and reasoned request for information directly to other competent authorities whenever requesting information from the competent authority concerned has proven, or is deemed tobe, insufficient to obtain the information that is deemed necessary for the purpose of investigating an alleged insufficient application or non- application of Union law. The addressee of such a request shall provide the Commission with clear, accurate and complete information without undue delay. Before issuing a recommendation as set out in paragraph 4, the Commission shall engage with the competent authority concerned where it considers such engagement appropriate in order to resolve the insufficient application or non-application of Union law, in an attempt to reach agreement on actions necessary for the competent authority to comply with Union law. 3. Where necessary to issue a recommendation as set out in paragraph 4, the Commission shall have the rights granted to the market surveillance authorities under Article 64. 4. The Commission may, not later than 2 months from initiating its investigation, address a recommendation to the competent authority concerned setting out the action necessary to comply with Union law. The competent authority shall, within ten working days of receipt of the recommendation, inform the Commission of the steps it has taken or intends to take to ensure compliance with Union law. 5. Where the competent authority has not complied with Union law within 1 month from receipt of the Commission’s recommendation, the Commission may issue a formal opinion requiring the competent authority to take the action necessary to comply with Union law. The Commission shall issue such a formal opinion no later than 3 months after the adoption of the recommendation set out in paragraph 4. The Commission may extend this period by 1 month. 6. The competent authority shall, within ten working days of receipt of the formal opinion referred to in paragraph 5,inform the Commission of the steps it has taken or intends to take to comply with that formal opinion. 7. Without prejudice to the powers of the Commission pursuant to Article 258 TFEU, where a competent authority does not comply with the formal opinion referred to in paragraph 5 of this Article within the period specified therein, the Commission may adopt an individual decision addressed to the operator of an AI system requiring it to take all necessary action to comply with its obligations under Union law. The decision of the Commission shall be in conformity with the formal opinion issued pursuant to paragraph 5. 8. Decisions adopted in accordance with paragraph 7 shall prevail over any previous decision adopted by the competent authorities on the same matter. When taking action in relation to issues which are subject to a formal opinion pursuant to paragraph 5 or to a decision pursuant to paragraph 7, competent authorities shall comply with the formal opinion or the decision, as the case may be.
2022/06/13
Committee: IMCOLIBE
Amendment 2775 #

2021/0106(COD)

Proposal for a regulation
Article 68 a (new)
Article 68 a Commission fees 1. The Commission shall charge fees to market surveillance authorities when the Commission initiates proceedings in accordance with Article 68a(1)(c). 2. The overall amount of the fee shall cover the estimated costs the Commission incurs in relation to proceedings carried out under this Regulation, in particular costs related to the investigation and enforcement measures pursuant to Chapter 4 of Title VIII. 3. The Commission shall lay down in a delegated act, adopted pursuant to Article 73, the detailed methodology and procedures for:(a) the determination of the estimated costs referred to in paragraph 2and the necessary payment modalities. 4. The fees charged pursuant to paragraph 1 shall constitute external assigned revenue in accordance with Article 21(5) of Regulation (EU, Euratom) No 2018/1046 of the European Parliament and of the Council. 5. The Commission shall report annually to the European Parliament and to the Council on the overall amount of the costs incurred for the fulfilment of the tasks under this Regulation and the total amount of the fees charged in the preceding year.
2022/06/13
Committee: IMCOLIBE
Amendment 2781 #

2021/0106(COD)

Proposal for a regulation
Article 68 b (new)
Article 68 b Representation of affected persons or groups of persons 1. Without prejudice to Directive 2020/1828/EC, the person or groups of persons harmed by AI systems shall have the right to mandate a not-for-profit body, organisation or association which has been properly constituted in accordance with the law of a Member State, has statutory objectives which are in the public interest, and is active in the field of the protection of rights and freedoms impacted by AI to lodge the complaint on his, her or their behalf, to exercise the rights referred to in this Regulation on his, her or their behalf. 2. Without prejudice to Directive 2020/1828/EC, the body, organisation or association referred to in paragraph 1 shall have the right to exercise the rights established in this Regulation independently of a mandate by a person or groups of person if it considers that a provider or a user has infringed any of the rights or obligations set out in this Regulation.
2022/06/13
Committee: IMCOLIBE
Amendment 2783 #

2021/0106(COD)

Proposal for a regulation
Article 68 c (new)
Article 68 c Amendment to Directive 2020/1828/EC on Representative Actions for the Protection of the Collective Interests of Consumers The following is added to Annex I of Directive 2020/1828/EC on Representative actions for the protection of the collective interests of consumers: “Regulation xxxx/xxxx of the European Parliament and of the Council laying down harmonised rules on artificial intelligence (artificial intelligence act) and amending certain union legislative acts”.
2022/06/13
Committee: IMCOLIBE
Amendment 2785 #

2021/0106(COD)

Proposal for a regulation
Article 68 d (new)
Article 68 d Reporting of breaches and protection of reporting persons Directive (EU) 2019/1937 of the European Parliament and of the Council shall apply to the reporting of breaches of this Regulation and the protection of persons reporting such breaches.
2022/06/13
Committee: IMCOLIBE
Amendment 2825 #

2021/0106(COD)

Proposal for a regulation
Article 71 – paragraph 2
2. TWithin [three months following the entry into force of this Regulation], the Member States shall notify the Commission of those rules and of those measures and shall notify it, without delay, of any subsequent amendment affecting them.
2022/06/13
Committee: IMCOLIBE
Amendment 2828 #

2021/0106(COD)

Proposal for a regulation
Article 71 – paragraph 2 a (new)
2 a. The non-compliance of the AI system with the prohibition of the practices referred to in Article 5 shall be subject to administrative fines of up to 50 000 000 EUR or, if the offender is a company, up to 10% of its total worldwide annual turnover for the preceding financial year, whichever is higher.
2022/06/13
Committee: IMCOLIBE
Amendment 2832 #

2021/0106(COD)

Proposal for a regulation
Article 71 – paragraph 3 – introductory part
3. The following infringementsnon-compliance of the AI system with the requirements laid down in Article 10 shall be subject to administrative fines of up to 340 000 000 EUR or, if the offender is a company, up to 68 % of its total worldwide annual turnover for the preceding financial year, whichever is higher: .
2022/06/13
Committee: IMCOLIBE
Amendment 2836 #

2021/0106(COD)

Proposal for a regulation
Article 71 – paragraph 3 – point a
(a) non-compliance with the prohibition of the artificial intelligence practices referred to in Article 5;deleted
2022/06/13
Committee: IMCOLIBE
Amendment 2844 #

2021/0106(COD)

Proposal for a regulation
Article 71 – paragraph 3 – point b
(b) non-compliance of the AI system with the requirements laid down in Article 10.deleted
2022/06/13
Committee: IMCOLIBE
Amendment 2849 #

2021/0106(COD)

Proposal for a regulation
Article 71 – paragraph 4
4. The non-compliance of the AI system 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 230 000 000 EUR or, if the offender is a company, up to 46 % of its total worldwide annual turnover for the preceding financial year, whichever is higher.
2022/06/13
Committee: IMCOLIBE
Amendment 2858 #

2021/0106(COD)

Proposal for a regulation
Article 71 – paragraph 5
5. The supply of incorrect, incomplete or misleading information to notified bodies and national competent authorities in reply to a request shall be subject to administrative fines of up to 120 000 000 EUR or, if the offender is a company, up to 24 % of its total worldwide annual turnover for the preceding financial year, whichever is higher.
2022/06/13
Committee: IMCOLIBE
Amendment 2865 #

2021/0106(COD)

Proposal for a regulation
Article 71 – paragraph 6 – point c
(c) the size and market share of the operator committing the infringement;deleted
2022/06/13
Committee: IMCOLIBE
Amendment 2878 #

2021/0106(COD)

Proposal for a regulation
Article 71 – paragraph 8
8. Depending on the legal system of the Member States, the rules on administrative fines may be applied in such a manner that the fines are imposed by competent national courts of other bodies as applicable in those Member States. The application of such rules in those Member States shall have an equivalent effect. In any event, the fines imposed shall be effective, proportionate and dissuasive.
2022/06/13
Committee: IMCOLIBE
Amendment 2879 #

2021/0106(COD)

Proposal for a regulation
Article 71 – paragraph 8 a (new)
8 a. In respect of adopting administrative fines and of deciding on the amount of the administrative fine the procedure as set out in Article 68a, paragraphs 2 to 6, applies mutatis mutandis.
2022/06/13
Committee: IMCOLIBE
Amendment 2894 #

2021/0106(COD)

Proposal for a regulation
Article 72 – paragraph 2 – introductory part
2. 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 1 000 000 EUR; 2a. The non-compliance of the AI system with the requirements laid down in Article 10 shall be subject to administrative fines of up to 5700 000 EUR: .
2022/06/13
Committee: IMCOLIBE
Amendment 2899 #

2021/0106(COD)

Proposal for a regulation
Article 72 – paragraph 2 – point a
(a) non-compliance with the prohibition of the artificial intelligence practices referred to in Article 5;deleted
2022/06/13
Committee: IMCOLIBE
Amendment 2903 #

2021/0106(COD)

Proposal for a regulation
Article 72 – paragraph 2 – point b
(b) non-compliance of the AI system with the requirements laid down in Article 10.deleted
2022/06/13
Committee: IMCOLIBE
Amendment 2911 #

2021/0106(COD)

Proposal for a regulation
Article 72 – paragraph 3
3. The non-compliance of the AI system 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 2500 000 EUR.
2022/06/13
Committee: IMCOLIBE
Amendment 2913 #

2021/0106(COD)

Proposal for a regulation
Article 72 – paragraph 5
5. The rights of defense of the parties concerned shall be fully respected in the proceedings. They shall be entitled to have access to the European Data Protection Supervisor’s file, subject to the legitimate interest of individuals or undertakings in the protection of their personal data or business secrets.
2022/06/13
Committee: IMCOLIBE
Amendment 2917 #

2021/0106(COD)

Proposal for a regulation
Article 73 – paragraph 2
2. The delegation of power referred to in Article 4, Article 7(1), Article 11(3), Article 43(5) and (6, Article 48(5) and Article 48(5)68a shall be conferred on the Commission for an indeterminate period of time from [entering into force of the Regulation].
2022/06/13
Committee: IMCOLIBE
Amendment 2921 #

2021/0106(COD)

Proposal for a regulation
Article 73 – paragraph 3
3. The delegation of power referred to in Article 4, Article 7(1), Article 11(3), Article 43(5) and (6, Article 48(5) and Article 48(5)68a 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.
2022/06/13
Committee: IMCOLIBE
Amendment 2932 #

2021/0106(COD)

Proposal for a regulation
Article 73 – paragraph 5
5. Any delegated act adopted pursuant to Article 4, Article 7(1), Article 11(3), Article 43(5) and (6) and, Article 48(5) and 68d shall enter into force only if no objection has been expressed by either the European Parliament or the Council within a period of three months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by three months at the initiative of the European Parliament or of the Council.
2022/06/13
Committee: IMCOLIBE
Amendment 2953 #

2021/0106(COD)

Proposal for a regulation
Article 83 – paragraph 1 – subparagraph 1
The requirements laid down in this Regulation shall be taken into account, where applicable,apply in the evaluation of each large-scale IT systems established by the legal acts listed in Annex IX to be undertaken as provided for in those respective acts.
2022/06/13
Committee: IMCOLIBE
Amendment 2960 #

2021/0106(COD)

Proposal for a regulation
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 changes in their design or intended purpose.
2022/06/13
Committee: IMCOLIBE
Amendment 2965 #

2021/0106(COD)

Proposal for a regulation
Article 84 – paragraph 1
1. The Commission shall assess the need for amendment of the list in Annex III, including the extension of existing area headings or addition of new area headings, the list of prohibited practices in Article 5, and the list of AI systems requiring additional transparency measures, once a year following the entry into force of this Regulation.
2022/06/13
Committee: IMCOLIBE
Amendment 2985 #

2021/0106(COD)

Proposal for a regulation
Article 84 – paragraph 6
6. In carrying out the evaluations and reviews referred to in paragraphs 1 to 4 the Commission shall take into account the positions and findings of the Board, of the European Parliament, of the Council, and of equality bodies and other relevant bodies or sources, and shall consult relevant external stakeholders, in particular those potentially affected by the AI system, as well as stakeholders from academia and civil society.
2022/06/13
Committee: IMCOLIBE
Amendment 2990 #

2021/0106(COD)

Proposal for a regulation
Article 84 – paragraph 7
7. The Commission shall, if necessary, submit appropriate proposals to amend this Regulation, in particular taking into account developments in technology, the effect of AI systems on health and safety, fundamental rights, the environment, equality, and accessibility for persons with disabilities, and in the light of the state of progress in the information society.
2022/06/13
Committee: IMCOLIBE
Amendment 2997 #

2021/0106(COD)

Proposal for a regulation
Article 84 – paragraph 7 a (new)
7 a. To guide the evaluations and reviews referred to in paragraphs 1 to 4, the Board shall undertake to develop an objective and participative methodology for the evaluation of risk level based on the criteria outlined in the relevant articles and inclusion of new systems in: the list in Annex III, including the extension of existing area headings or addition of new area headings; the list of prohibited practices in Article 5; and the list of AI systems requiring additional transparency measures.
2022/06/13
Committee: IMCOLIBE
Amendment 2999 #

2021/0106(COD)

Proposal for a regulation
Article 84 a (new)
Article 84 a New Article 84a Amendments to Directive (EU) 2020/1828 on Representative Actions for the Protection of the Collective Interests of Consumers The following is added to Annex I: "(X) Regulation laying down harmonised rules on artificial intelligence (Artificial Intelligence Act). Artificial Intelligence (AI)
2022/06/13
Committee: IMCOLIBE
Amendment 3010 #

2021/0106(COD)

Proposal for a regulation
Annex I
ARTIFICIAL INTELLIGENCE TECHNIQUES AND APPROACHESreferred to in Article 3, point 1 (a) Machine learning approaches, including supervised, unsupervised and reinforcement learning, using a wide variety of methods including deep learning; (b) Logic- and knowledge-based approaches, including knowledge representation, inductive (logic) programming, knowledge bases, inference and deductive engines, (symbolic) reasoning and expert systems; (c) Statistical approaches, Bayesian estimation, search and optimization methods.deleted
2022/06/13
Committee: IMCOLIBE
Amendment 3058 #

2021/0106(COD)

Proposal for a regulation
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;deleted
2022/06/13
Committee: IMCOLIBE
Amendment 3096 #

2021/0106(COD)

Proposal for a regulation
Annex III – paragraph 1 – point 2 a (new)
2 a. Vulnerable groups: a) AI systems intended to be used by children in a way that may seriously affect a child’s personal development, such as by educating the child in a broad range of areas not limited to areas which parents or guardians can reasonably foresee at the time of the purchase; b) AI systems, such as virtual assistants, intended to be used by natural persons for taking decisions with regard to their private lives that have legal effects or similarly significantly affect the natural persons;
2022/06/13
Committee: IMCOLIBE
Amendment 3099 #

2021/0106(COD)

Proposal for a regulation
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 educational institutions. or monitoring of students during exams, for determining learning objectives, and for allocating personalised learning tasks to students;
2022/06/13
Committee: IMCOLIBE
Amendment 3115 #

2021/0106(COD)

Proposal for a regulation
Annex III – paragraph 1 – point 4 – point b
(b) AI intended to be used for making decisions on promotion and termination of work-related contractual relationships,affecting the initiation, establishment, implementation, promotion and termination of an employment relationship, including AI systems intended to support collective legal and regulatory matters, particularly for task allocation and for monitoring and evaluating performance and behavior of persons or in matters of training or further education in such relationships.
2022/06/13
Committee: IMCOLIBE
Amendment 3120 #

2021/0106(COD)

Proposal for a regulation
Annex III – paragraph 1 – point 5 – introductory part
5. Access to and enjoyment of essential private services and public services and benefits, including access to products:
2022/06/13
Committee: IMCOLIBE
Amendment 3129 #

2021/0106(COD)

Proposal for a regulation
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 providers for their own use;
2022/06/13
Committee: IMCOLIBE
Amendment 3137 #

2021/0106(COD)

Proposal for a regulation
Annex III – paragraph 1 – point 5 – point b – point i (new)
i) to evaluate the creditworthiness of natural persons or establish their credit score,
2022/06/13
Committee: IMCOLIBE
Amendment 3138 #

2021/0106(COD)

Proposal for a regulation
Annex III – paragraph 1 – point 5 – point b – point ii (new)
ii) to evaluate the behaviour of natural persons such as with regard to complaints or the exercise of statutory or contractual rights in order to draw conclusions for their future access to private or public services,
2022/06/13
Committee: IMCOLIBE
Amendment 3139 #

2021/0106(COD)

Proposal for a regulation
Annex III – paragraph 1 – point 5 – point b – point iii (new)
iii) for making individual risk assessments of natural persons in the context of access to essential private and public services, including insurance contracts, or
2022/06/13
Committee: IMCOLIBE
Amendment 3140 #

2021/0106(COD)

Proposal for a regulation
Annex III – paragraph 1 – point 5 – point b – point iv (new)
iv) for personalized pricing within the meaning of Article 6 (1) (ea) of Directive 2011/83/EU, with the exception of AI systems put into service by small scale providers of AI systems for their own use;
2022/06/13
Committee: IMCOLIBE
Amendment 3157 #

2021/0106(COD)

Proposal for a regulation
Annex III – paragraph 1 – point 6 – point b
(b) AI systems intended to be used by law enforcement authorities as polygraphs and similar tools or to detect the emotional state of a natural person;deleted
2022/06/13
Committee: IMCOLIBE
Amendment 3165 #

2021/0106(COD)

Proposal for a regulation
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) and in point 8a(a) and (b) of this Annex;
2022/06/13
Committee: IMCOLIBE
Amendment 3170 #

2021/0106(COD)

Proposal for a regulation
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;
2022/06/13
Committee: IMCOLIBE
Amendment 3193 #

2021/0106(COD)

Proposal for a regulation
Annex III – paragraph 1 – point 7 – point a
(a) AI systems intended to be used by competent public authorities as polygraphs and similar tools or to detect the emotional state of a natural person;deleted
2022/06/13
Committee: IMCOLIBE
Amendment 3200 #

2021/0106(COD)

Proposal for a regulation
Annex III – paragraph 1 – point 7 – point b
(b) AI systems intended to be used by competent public authorities 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;deleted
2022/06/13
Committee: IMCOLIBE
Amendment 3209 #

2021/0106(COD)

Proposal for a regulation
Annex III – paragraph 1 – point 7 – point d
(d) AI systems intended to assist 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.deleted
2022/06/13
Committee: IMCOLIBE
Amendment 3238 #

2021/0106(COD)

Proposal for a regulation
Annex III – paragraph 1 – point 8 a (new)
8 a. Other applications: (a) AI systems intended to be used to generate, on the basis of limited human input, complex text content that would falsely appear to a person to be human- generated and authentic, such as news articles, opinion articles, novels, scripts, and scientific articles, except where the content forms part of an evidently artistic, creative or fictional and analogous work; (b) AI systems intended to be used to generate or manipulate audio or video content that appreciably resembles existing natural persons, in a manner that significantly distorts or fabricates the original situation, meaning, content, or context and would falsely appear to a person to be authentic, except where the content forms part of an evidently artistic, creative or fictional cinematographic and analogous work.
2022/06/13
Committee: IMCOLIBE
Amendment 3246 #

2021/0106(COD)

Proposal for a regulation
Annex IV – paragraph 1 – point 1 – point a
(a) its intended purpose or reasonably foreseeable use, the person/s developing the system the date and the version of the system;
2022/06/13
Committee: IMCOLIBE
Amendment 3274 #

2021/0106(COD)

Proposal for a regulation
Annex IV – paragraph 1 – point 3 a (new)
3 a. A description of the appropriateness of the performance metrics for the specific AI system.
2022/06/13
Committee: IMCOLIBE
Amendment 3275 #

2021/0106(COD)

Proposal for a regulation
Annex IV – paragraph 1 – point 3 b (new)
3 b. Detailed information about the carbon footprint and the energy efficiency of the AI system, in particular with regard to the development of hardware, computational resources, as well as algorithm design and training processes;
2022/06/13
Committee: IMCOLIBE
Amendment 3276 #

2021/0106(COD)

Proposal for a regulation
Annex IV – paragraph 1 – point 3 c (new)
3 c. Information about the computational resources required for the functioning of the AI system and its expected energy consumption during its use;
2022/06/13
Committee: IMCOLIBE
Amendment 28 #

2021/0045(COD)

Proposal for a regulation
Recital 4
(4) As Regulation (EU) No 531/2012 expires on 30 June 2022, the aim of this Regulation is to recast itextend the application of the abolition of roaming charges and recast the Regulation while introducing new measures to increase transparency and consumer protection, including on the use of value added services in roaming, use of non-terrestrial networks in roaming on vessels and aircrafts, and ensure a genuine RLAH experience in terms of quality of service and access to emergency services while roaming. The duration of this new Regulation is set for 10 years, until 2032,extended, with review periods of two years to provide certainty in the market and minimise regulatory burden, while introducingch should include a mechanism for intervening at retail and wholesale level in the interim if market developments so require.
2021/06/07
Committee: IMCO
Amendment 30 #

2021/0045(COD)

Proposal for a regulation
Recital 8
(8) A common, harmonised approach should be employed for ensuring that users of terrestrial public mobile communication networks when travelling within the Union do not pay excessive prices for Union-wide roaming services, thereby enhancing competition concerning roaming services between roaming providers, achieving a high level of consumer protection and preserving both incentives for innovation and consumer choice. In view of the cross- border nature of the services concerned, this common approach is needed so that roaming providers can operate within a single coherent regulatory framework based on objectively established criteria.
2021/06/07
Committee: IMCO
Amendment 32 #

2021/0045(COD)

Proposal for a regulation
Recital 9
(9) The widespread use of internet- enabled mobile devices means that data roaming is of great economic significance. This is relevanta decisive criterion for both users and providers of applications and content. In order to stimulate the development of this market, charges for data transport should not impede growth or negatively affect customers’ Roam-Like-At-Home experience, in particular considering that the deployment of 5G networks and services is expected to grow steadily .
2021/06/07
Committee: IMCO
Amendment 33 #

2021/0045(COD)

Proposal for a regulation
Recital 10
(10) Directive 2002/19/EC of the European Parliament and of the Council60 , Directive 2002/20/EC of the European Parliament and of the Council61 , Directive 2002/21/EC of the European Parliament and of the Council62 , Directive 2002/22/EC of the European Parliament and of the Council63 and Directive 2002/58/EC of the European Parliament and of the Council64 aimed to create an internal market for electronic communications within the Union while ensuring a high level of consumer protection through enhanced competition. TExcept for Directive2002/58/EC, those Directives were repealed by Directive (EU) 2018/1972 of the European Parliament and of the Council65 . Directive (EU) 2018/1972 aims to stimulate investment in and take-up of very high capacity networks in the EU as well as to set new spectrum rules for mobile connectivity and 5G. Directive (EU) 2018/1972 also aims to contribute to the development of the internal market and promotes the interests of EU citizens. For example, it ensures that all citizens have access to affordable communication, including the internet. It increases consumer protection and security for users and facilitates regulatory intervention. __________________ 60Directive 2002/19/EC of the European Parliament and of the Council of 7 March 2002 on access to, and interconnection of, electronic communications networks and associated facilities (Access Directive) (OJ L 108, 24.4.2002, p. 7). 61Directive 2002/20/EC of the European Parliament and of the Council of 7 March 2002 on the authorisation of electronic communications networks and services (Authorisation Directive) (OJ L 108, 24.4.2002, p. 21). 62Directive 2002/21/EC of the European Parliament and of the Council of 7 March 2002 on a common regulatory framework for electronic communications networks and services (Framework Directive) (OJ L 108, 24.4.2002, p. 33). 63 Directive 2002/22/EC of the European Parliament and of the Council of 7 March 2002 on universal service and users’ rights relating to electronic communications networks and services (Universal Service Directive) (OJ L 108, 24.4.2002, p. 51). 64Directive 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). 65Directive (EU) 2018/1972 of the European Parliament and of the Council of 11 December 2018 establishing the European Electronic Communications Code (OJ L 321, 17.12.2018, p. 36).
2021/06/07
Committee: IMCO
Amendment 38 #

2021/0045(COD)

Proposal for a regulation
Recital 19
(19) The United Nations Convention on the Rights of Persons with Disabilities (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. Directive (EU) 2018/1972 aims to ensure the provision throughout the Union of good quality, affordable, publicly available services through effective competition and choice, to deal with circumstances in which the needs of end-users, including those with disabilities in order to access the services on an equal basis with others, are not satisfactorily met by the market and to lay down the necessary end-user rights. In accordance with Article 109 of Directive (EU) 2018/1972, all end-users should have access to emergency services, free of charge, through emergency communications to the most appropriate public safety answering point (PSAP). Member States are also required to ensure that access for end-users with disabilities to emergency services is available through emergency communications and is equivalent to that enjoyed by other end- users. Consequently, emergency communications are a means of communication that includes not only voice communications services, but also SMS, messaging, video or other types of communications, for example real time text, total conversation and relay services. It is for the Member States to determine the type of emergency communications that are technically feasible to ensure roaming customers access to emergency services. In order to ensure that roaming customers have access to emergency communications under the conditions laid down in Article 109 of Directive (EU) 2018/1972, visited network operators should inform the roaming provider through the wholesale roaming agreement about what type of emergency communications are mandated under national measures in the visited Member State. In addition, wholesale roaming agreements should include information on the technical parameters for ensuring access to emergency services, including for roaming customers with disabilities, as well as for ensuring the transmission of caller location information, including handset-derived information, to the most appropriate PSAP in the visited Member State. Such information should allow the roaming provider to identify and provide the emergency communication and the transmission of caller location free of charge.
2021/06/07
Committee: IMCO
Amendment 43 #

2021/0045(COD)

Proposal for a regulation
Recital 28
(28) Roaming customers should, to the greatest extent possible, be able to use the retail services that they subscribe to and benefit from the same level of quality of service as at home, when roaming in the Union. To that end, roaming providers should take the necessary measures to ensure that regulated retail roaming services are provided under the same conditions as if such services were consumed domestically. In particular, the same quality of service should be offerguaranteed to customers when roaming, if technically feasible.
2021/06/07
Committee: IMCO
Amendment 44 #

2021/0045(COD)

Proposal for a regulation
Recital (29)
(29) Roaming providers should be able to apply a ‘fair use policy’ to the consumption of regulated retail roaming services provided at the applicable domestic retail price in very limited circumstances. The ‘fair use policy’ is intended to preventshould only address abusive or anomalous usage of regulated retail roaming services by roaming customers, such as the use of such services by roaming customers in a Member State other than that of their domestic provider for purposes other than periodic travel. Roaming providers should, in cases of force majeure caused by circumstances such as pandemics or natural catastrophes which involuntarily extend the period of temporary stay of the roaming customer in another Member State, consider extending the applicable fair use allowance for an appropriate period, upon a justified request by the roaming customer . Any fair use policy should enable the roaming provider’s customers to consume volumes of regulated retail roaming services at the applicable domestic retail price that are consistent with their respective tariff plans.
2021/06/07
Committee: IMCO
Amendment 48 #

2021/0045(COD)

Proposal for a regulation
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. Those specifications should include clear and comprehensible information about the level of quality of service the operator must guarantee towards consumers. The provider should also make available information on relevant factors that can further affect the quality of service, such asincluding speed, latency, availability of certain technologies, coverage or variation due to external factors such as topography. Those specifications should be provided in line with BEREC’s retail roaming guidelines.
2021/06/07
Committee: IMCO
Amendment 54 #

2021/0045(COD)

Proposal for a regulation
Recital 36
(36) Roaming customers and home operators sometimes unwittingly incur large bills as a result of the lack of transparency and appropriate regulation on the numbers used for value added services across the Union and on the wholesale prices charged for value added services. Communications to certain numbers which are used for providing value added services, for example, premium-rate numbers, freephone numbers or shared cost numbers, are subject to particular pricing conditions at the national level. This Regulation should not apply to the part of the tariff that is charged for the provision of value added services but only to the tariffs for the connection to such services. Neverthelss, the RLAH principle might create an expectation for end-users that cCommunications to such numbers while roaming should not incur any increased cost in comparison to the domestic situation. However, this is not always the case when roaming. End-users are confronted with increased costs, even when they call numbers that are free when called domestically. This could erode customers’ confidence in using their phones when roaming and could result in bill shocks, thus having a negative impact on a genuine RLAH experience. This is mainly caused, at retail level by the insufficient level of regulation and the lack of transparency on the higher charges which can be incurred because of communications to value added services numbers. Therefore measures should be introduced to protect consumers and increase the transparency on the conditions for communications to value added services numbers and to ensure that customers that are roaming within the Union will pay the same amount as local customers for value-added services and ensure that customers keep paying the same price as at home when resorting to value-added services from their home country when travelling within the Union. To that end, roaming customers should be informed in their contract and notified and warned upfront, in a timely, user-friendly manner and free of charge, thatwhen communications to value added services numbers in roaming can entail additional charges and applicable cut-off limit, which consumers can opt-out from.
2021/06/07
Committee: IMCO
Amendment 58 #

2021/0045(COD)

Proposal for a regulation
Recital 43
(43) In order to improve the transparency of retail prices for roaming services and to help roaming customers make decisions on the use of their mobile devices while abroad, providers of mobile communication services should supply their roaming customers with information free of charge on the roaming charges applicable to them when using roaming services in a visited Member State. Since certain customer groups might be well informed about roaming charges, rIn order to ensure a high level of protection for consumers, the home operator should also inform roaming customers of any additional charges that may apply for resorting to value-added services and the applicable cut-off limit to prevent bill- shocks. Such information should be provided as soon as the consumer enters another Member State and also when the roaming customer tries to reach a value- added service. In addition, providers of mobile communication services should inform consumers of the use of non- terrestrial networks on aircrafts or vessels and the cut-off limit that applies to protect them from bill-shocks. Such information should be provided as soon as the mobile device connects to such non-terrestrial networks. Roaming providers should provide a possibility to easily opt-out from this automatic message service without unduly subverting or impairing consumers’ autonomy, decision-making, or choice. In addition, roaming customers should be provided free of charge with a text message including a link to access, free of charge, a web page giving detailed information about the types of services (calls and SMS) that may be subject to increased costs. Moreover, providers should actively give their customers, provided that the latter are located in the Union, on request and free of charge, additional information on the per- minute, per-SMS or per-megabyte data charges (including VAT) for the making or receiving of voice calls and also for the sending and receiving of SMS, MMS and other data communication services in the visited Member State.
2021/06/07
Committee: IMCO
Amendment 62 #

2021/0045(COD)

Proposal for a regulation
Recital 44
(44) This Regulation should in relation to regulated retail roaming services lay down specific transparency requirements aligned with the specific tariff and volume conditions applicable following the abolition of the retail roaming surcharges . In particular, provision should be made for roaming customers to be notified, in a timely and user-friendly manner and free of charge, of the applicable fair use policy, before and when the applicable fair use volume of regulated voice, SMS or data roaming services is fully consumed, of any surcharge, and of accumulated consumption of regulated data roaming services. and for using non-terrestrial networks in aircrafts and vessels such as boats or ferries.
2021/06/07
Committee: IMCO
Amendment 64 #

2021/0045(COD)

Proposal for a regulation
Recital 45
(45) Customers living in border regions should not receive unnecessarily high bills due to inadvertent roaming. Roaming providers should therefore take reasonable steps to protect customers, including when connecting to non-terrestrial networks on aircrafts or vessels. Roaming providers should ensure customers are effectively protected against incurring roaming charges while they are located in their Member State. This should include adequaten opt-in mechanism to roam in a network outside of the Union and adequate and timely and clear information measures in order to protect and empower customers to actively prevent such instances of inadvertent roaming, including cut-off limits. National regulatory authorities should be alert to situations in which customers face problems with paying roaming charges while they are still located in their Member State and should take appropriate steps to mitigate the problem.
2021/06/07
Committee: IMCO
Amendment 68 #

2021/0045(COD)

Proposal for a regulation
Recital 49 a (new)
(49a) Price differences continue to prevail, both for fixed and mobile communications, between domestic voice and SMS communications and those terminating in another Member State. This continues to affect more vulnerable customer groups and to pose barriers to seamless communication within the EU. Any significant retail price differences between electronic communications services terminating in the same Member State and those terminating in another Member State should therefore be justified by reference to objective criteria.
2021/06/07
Committee: IMCO
Amendment 69 #

2021/0045(COD)

Proposal for a regulation
Recital 50
(50) There are considerable disparities between regulated roaming tariffs within the Union and roaming tariffs incurred by customers when they are travelling outside the Union, which are significantly higher than prices within the Union, where roaming surcharges are only exceptionally applied following the abolition of retail roaming charges . Citizens and businesses in external border regions would benefit greatly from roaming provisions with neighbouring countries similar to those in the Union, which should lead to lowering roaming fees when using mobile connections in third countries. Due to the absence of a consistent approach to transparency and safeguard measures concerning roaming outside the Union, consumers are not confident about their rights and are therefore often deterred from using mobile services while abroad. Transparent information provided to consumers could not only assist them in the decision as to how to use their mobile devices while travelling abroad (both within and outside the Union), but could also assist them in the choice between roaming providers. It is therefore necessary to address the problem of the lack of transparency and consumer protection by applying certain transparency and safeguard measures also to roaming services provided outside the Union. It is also necessary to encourage bilateral agreements between operators from the Union and outside the Union as well as to include RLAH provisions in future international agreements with third countries, in particular those directly bordering the Union. Those measures should facilitate competition and improve the functioning of the internal market.
2021/06/07
Committee: IMCO
Amendment 76 #

2021/0045(COD)

Proposal for a regulation
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 and users of non-terrestrial networks in aircrafts and vessels, when travelling within the Union, do not pay excessive prices for Union-wide roaming services in comparison with competitive national prices, while increasing consumer protection, transparency and 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.
2021/06/07
Committee: IMCO
Amendment 77 #

2021/0045(COD)

Proposal for a regulation
Article 2 – paragraph 2 – point d
(d) ‘visited network’ means a terrestrial public mobile communications network situated in a Member State other than that of the roaming customer’s domestic provider that permits a roaming customer to make or receive calls, to send or receive SMS messages or to use packet switched data communications, by means of arrangements with the home network operator;
2021/06/07
Committee: IMCO
Amendment 78 #

2021/0045(COD)

Proposal for a regulation
Article 2 – paragraph 2 – point f
(f) ‘roaming customer’ means a customer of a roaming provider of regulated roaming services, by means of a terrestrial public mobile communications network situated in the Union, whose contract or arrangement with that roaming provider permits Union-wide roaming;
2021/06/07
Committee: IMCO
Amendment 82 #

2021/0045(COD)

Proposal for a regulation
Article 5 a (new)
Article 5a Abolition of retail charges for regulated intra-EU communications 1. Providers of electronic communication services to the public shall not apply tariffs for intra-Union fixed and mobile communications services terminating in another Member State different from tariffs of services terminating in the same Member State, unless the provider demonstrates the existence of direct costs that are objectively justified. 2. Six months after the entry into force of this Regulation, BEREC shall provide guidelines on the recovery of such objectively justified direct costs pursuant to paragraph 1. 3. One year after the entry into force of this Regulation and biannually thereafter, the European Commission shall, after receiving an opinion by BEREC, provide a report on the application of the obligations of paragraph 1, including an assessment of the evolution of intra-Union communication tariffs.
2021/06/07
Committee: IMCO
Amendment 90 #

2021/0045(COD)

Proposal for a regulation
Article 9 – paragraph 5 a (new)
5a. Within six months after the entry into force of this Regulation, and in order to contribute to the consistent application of this and related provisions, BEREC shall, after consulting stakeholders and in close cooperation with the Commission, update its retail roaming guidelines regarding the implementation of the quality of service, transparency and other relevant requirements to protect consumers under this Regulation.
2021/06/07
Committee: IMCO
Amendment 91 #

2021/0045(COD)

Proposal for a regulation
Article 13 – paragraph 1
Without prejudice to Articles 10, 11 and 12, the visited network operator shall not levy on the roaming provider any charge related to the emergency communications initiated by the roaming customer and the transmission of caller location information. The visited network operator shall also not levy on the roaming provider any charge related to other non-emergency crucial communications services of social value initiated by the roaming customer.
2021/06/07
Committee: IMCO
Amendment 98 #

2021/0045(COD)

Proposal for a regulation
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, inadvertently roaming outside the Union and provided by a roaming provider or by using non-terrestrial networks.
2021/06/07
Committee: IMCO
Amendment 101 #

2021/0045(COD)

Proposal for a regulation
Article 14 – paragraph 5
5. Roaming providers shall make available information to their customers on how to avoid inadvertent roaming in border regions. Roaming providers shall take reasonable steps to protect and while using non-terrestrial networks. Roaming providers shall take the necessary measures to ensure their customers are protected from paying roaming charges for inadvertently accessed roaming services while situated in their home Member State.
2021/06/07
Committee: IMCO
Amendment 103 #

2021/0045(COD)

Proposal for a regulation
Article 15 – paragraph 6
6. Roaming providers shall take reasonable steps tothe necessary measures to effectively protect their customers from paying roaming charges for inadvertently accessed roaming services while situated in their home Member State. This shall include ensuring customers can opt-in to roaming outside the EU in border regions and informing customers on how to effectively avoid inadvertent roaming in border regions.
2021/06/07
Committee: IMCO
Amendment 104 #

2021/0045(COD)

Proposal for a regulation
Article 15 – paragraph 7 – subparagraph 1
This Article, with the exception of paragraph 6, the second subparagraph of paragraph 2 and paragraph 3, and subject to the second and third subparagraphs of this paragraph, shall also apply to data roaming services used by roaming customers travelling outside the Union and provided by a roaming provider and to data roaming services used by roaming customers when using non-terrestrial networks.
2021/06/07
Committee: IMCO
Amendment 110 #

2021/0045(COD)

Proposal for a regulation
Article 17 a (new)
Article 17a Application of retail charges for value- added services 1. Roaming customers that are roaming within the Union shall in principle pay the same amount as local customers for value-added services and other non-emergency crucial communications services of social value and ensure that customers keep paying the same price as at home when resorting to those services from their home country when travelling within the Union, if technically feasible. 2. Without prejudice to paragraph 1, customers shall be informed in their contract and notified and warned upfront, in a timely, user-friendly manner and free of charge, when communications to value added services numbers in roaming can entail additional charges. They shall also be informed in a similar manner of any applicable cut-off limit which consumers can opt-out from, in line with the BEREC guidelines referred to in paragraph 3. 3. Within six months after the entry into force of this Regulation, and in order to contribute to the consistent application of this and related provisions, BEREC shall, after consulting stakeholders and in close cooperation with the Commission, update its roaming guidelines regarding how to best implement provisions related to value-added services in the interest of consumers and the internal market.
2021/06/07
Committee: IMCO
Amendment 111 #

2021/0045(COD)

Proposal for a regulation
Article 18 – paragraph 1 a (new)
1a. National regulatory authorities shall ensure that roaming all information referred to in Articles 9, 14, 15, 16, 17, and 18 which is provided to customers, is accessible for persons with disabilities in accordance with requirements of Directive (EU) 2019/882 (European Accessibility Act), the information does not exceed a level of complexity superior to level B1 (intermediate) of the Council of Europe’s Common European Framework of Reference for Languages, as well as is provided in easy-to-read format.
2021/06/07
Committee: IMCO
Amendment 113 #

2021/0045(COD)

Proposal for a regulation
Article 18 – paragraph 2
2. National regulatory authorities and, where relevant, BEREC shall make up-to- date information on the application of this Regulation, in particular Articles 5, 6, 7, 9, 10, 11, and 12,12, 13, and 18 (1 a) publicly available in a manner that enablesaccessible to interested parties to have easy access to it, including to persons with disabilities.
2021/06/07
Committee: IMCO
Amendment 121 #

2021/0045(COD)

Proposal for a regulation
Article 21 – paragraph 1 – subparagraph 2 – point j
(j) the extent to which roaming customers and operators face problems in relation to value added services and how those problems can be best resolved to protect consumers and secure an internal single market;
2021/06/07
Committee: IMCO
Amendment 124 #

2021/0045(COD)

Proposal for a regulation
Article 21 – paragraph 1 – subparagraph 2 – point k a (new)
(ka) effectiveness of this Regulation on ensuring equal access to electronic communications by persons with disabilities when travelling within EU/EEA.
2021/06/07
Committee: IMCO
Amendment 127 #

2021/0045(COD)

Proposal for a regulation
Article 21 – paragraph 2 – subparagraph 1
In order to assess competitive developments in the Union-wide roaming markets, BEREC shall collect data regularly from national regulatory authorities on developments in retail and wholesale charges for regulated voice, SMS and data roaming services, including wholesale charges applied for balanced and unbalanced roaming traffic respectively , on the use of trading platforms and similar instruments, on the development of machine-to-machine roaming, and on the extent to which wholesale roaming agreements cover quality of service and give access to different network technologies and generations. BEREC shall also collect data regularly from national regulatory authorities on the application of fair use policy by operators, the developments of domestic-only tariffs, the application of the sustainability mechanisms and complaints on roaming. When consulted pursuant to paragraph 1, BEREC shall collect and provide additional information on all relevant points, including but not limited to transparency, the application of measures on emergency communication and on value added services .
2021/06/07
Committee: IMCO
Amendment 130 #
2021/06/07
Committee: IMCO
Amendment 132 #

2021/0045(COD)

Proposal for a regulation
Article 26 – paragraph 2
It shall expire on 30 June 2032 .deleted
2021/06/07
Committee: IMCO
Amendment 14 #

2020/2260(INI)

Draft opinion
Paragraph 1 a (new)
1a. Shares the view that the COVID- 19 pandemic has highlighted the importance of a robust and resilient food system that functions in all circumstances, and is capable of ensuring access to a sufficient supply of affordable food for European consumers; stresses, in this respect, the need to preserve the smooth functioning of the single market, and in particular the movement of foodstuffs, including during health crises; stresses, too, that the pandemic must not be used as an excuse to scale down ambitions, given that sustainability and health are interconnected issues;
2021/01/18
Committee: IMCO
Amendment 19 #

2020/2260(INI)

Draft opinion
Paragraph 2
2. Considers that promoting healthy and sustainable food consumption calls for changes to diets, production and distribution systems, and internal trade; considers, however, that consumers should not be solely responsible for making this transition; stresses, too, that the choice of healthy and sustainable food consumption must be accessible, affordable, understandable and clear for all consumers;
2021/01/18
Committee: IMCO
Amendment 33 #

2020/2260(INI)

Draft opinion
Paragraph 2 a (new)
2a. Notes that price, lack of knowledge, unclear information and a limited choice of products are some of the obstacles to more sustainable food; approves the strategy’s aim of ensuring ‘that ultimately the most sustainable food also becomes the most affordable’; suggests, therefore, that prices need to be thoroughly reviewed so that they more fairly reflect the long-term costs for consumers and society, health systems and the environment; calls on governments, the European Commission and associations to make consumers aware that having more sustainable food is not necessarily more expensive;
2021/01/18
Committee: IMCO
Amendment 39 #

2020/2260(INI)

Draft opinion
Paragraph 2 b (new)
2b. Stresses the need to conduct consultations and impact analyses on the measures envisaged, and to work with and support small and medium-sized enterprises (SMEs) and cooperative systems in order to involve them in this transition and reduce the negative impacts for those who commit to this approach;
2021/01/18
Committee: IMCO
Amendment 82 #

2020/2260(INI)

Draft opinion
Paragraph 5
5. Supports the establishment of a governance framework and a code of conduct for food and retail businesses, in order to make them accountable and aware of the importance of sustainability and health; considers, however, that binding rules are needed to reduce the marketing and advertising of unhealthy food, particularly to children;
2021/01/18
Committee: IMCO
Amendment 92 #

2020/2260(INI)

Draft opinion
Paragraph 6
6. Welcomes the Commission’s initiative to promote healthier diets by introducing nutritional profiles, which should encourage healthier product reformulations and prevent misleading claims about health benefits, accompanied by mandatory and harmonised labelling of the nutritional value of foods on the front of packaging; stresses the importance of informing consumers and making information clearer, particularly by using a tool that is easy to understand and scientifically sound; points out, in this respect, that the Nutri-Score adopted in five European countries to date is one of the most effective ways for consumers to compare products and choose healthier food;
2021/01/18
Committee: IMCO
Amendment 123 #

2020/2260(INI)

Draft opinion
Paragraph 7
7. Regards it as essential, further, to keep consumers better informed by introducing mandatory origin labelling of food, which would be broadened to cover animal welfare, sustainability and pesticide residue levels; stresses that imported products which do not meet European environmental or health standards threaten consumer health and create unfair competition for European producers;
2021/01/18
Committee: IMCO
Amendment 155 #

2020/2260(INI)

Draft opinion
Paragraph 8 a (new)
8a. Welcomes the Commission’s announcement that it will revise the food contact materials legislation to improve consumer safety and public health;
2021/01/18
Committee: IMCO
Amendment 164 #

2020/2260(INI)

Draft opinion
Paragraph 9
9. Calls on the Commission to clarify the current legislation on use-by dates, in order to reduce food waste; notes that it is eagerly awaiting the reference scenario for reducing food waste throughout the EU;
2021/01/18
Committee: IMCO
Amendment 171 #

2020/2260(INI)

Draft opinion
Paragraph 10
10. Supports the Commission in its efforts to combat food fraud, which misleads consumers and distorts competition in the internal market, and regards it as essential to make the penalties imposed on fraudsters more dissuasive and to earmark sufficient resources so that checks can be stepped up, including during the pandemic;
2021/01/18
Committee: IMCO
Amendment 2 #

2020/2223(INI)

Draft opinion
Paragraph 1
1. Recalls that competition policy is vital to strengthening and ultimately completing the single market by preventing the distortion of competition, providing a fair and level playing field for all market participants - including the micro-, small- and medium-sized enterprises (SMEs) -, enabling the growth of innovative businesses, and guaranteeing a high level of consumer protection and choice; allowing consumers to choose between a variety of suppliers and products;
2021/01/08
Committee: IMCO
Amendment 9 #

2020/2223(INI)

Draft opinion
Paragraph 1 a (new)
1a. Underlines the high necessity of rigorous application of competition rules from which SMEs can also benefit;
2021/01/08
Committee: IMCO
Amendment 11 #

2020/2223(INI)

Draft opinion
Paragraph 1 b (new)
1b. Acknowledges that third-country companies benefitting from State aid or other subsidies might potentially distort the competition in the internal market; in this regard, calls on the Commission to take appropriate measures to ensure fair market access, in every concerned sector, such as the aviation;
2021/01/08
Committee: IMCO
Amendment 14 #

2020/2223(INI)

Draft opinion
Paragraph 1 c (new)
1c. Calls on the Commission to assess how competition policy can further contribute to the European Green Deal objectives;
2021/01/08
Committee: IMCO
Amendment 15 #

2020/2223(INI)

Draft opinion
Paragraph 1 d (new)
1d. Notes that the Commission responded to the outbreak of the COVID- 19 crisis by adopting special competition rules which should remain temporary; recalls in this context that state aid guaranteed under the extraordinary circumstances for air transport companies help to protect employees, but this must happen without harming the consumers’ rights;
2021/01/08
Committee: IMCO
Amendment 19 #

2020/2223(INI)

Draft opinion
Paragraph 2
2. Notes the changes both businesses and consumers are facing due to the digital transformation and welcomes the Commission’s focus on modernising its competition policy to adequately tackle serious problems and market failures in the digital sector; recalls that competition policy is also about ensuring consumer welfare as well as providing quality, innovation and sustainability; highlights also that consumer rights must be preserved and if possible strengthened both online and offline and therefore, competition policy rules are also tools for reaching a high level consumer protection;
2021/01/08
Committee: IMCO
Amendment 39 #

2020/2223(INI)

Draft opinion
Paragraph 4
4. Highlights the importance of a few online operators acting as gatekeepers to the digital economy, including access to e- commerce markets and the consequences on freedom of choice for consumers and access to markets for companies; underlines, therefore, the need for an internal market ex ante regulatory instrument to ensure that impacted markets remain fair and competitive; looks forward to seeing this instrument in the forthcomingwelcomes therefore, the Commission's suggestion in the Digital Markets Act proposal;
2021/01/08
Committee: IMCO
Amendment 41 #

2020/2223(INI)

Draft opinion
Paragraph 4 a (new)
4a. Notes that some of the digital market players control ever larger volumes of data; underlines that data is a source of considerable economic power and leverage and therefore, recalls that competition policy is interlinked with taxation policy, and that fair tax treatment between undertakings is essential for the integrity of the internal market;
2021/01/08
Committee: IMCO
Amendment 42 #

2020/2223(INI)

Draft opinion
Paragraph 4 b (new)
4b. Welcomes the Commission’s efforts to combat unfair competition also in the digital sphere; considers that the fair market players, including SMEs would benefit from the rigorous application of the competition rules; asks the Commission, in this context, to further examine the abuse of dominant position of certain on-line platforms in order to ensure fair competition, boost jobs and sustainable growth;
2021/01/08
Committee: IMCO
Amendment 47 #

2020/2223(INI)

Draft opinion
Paragraph 5 a (new)
5a. Underlines that Territorial Supply Constraints (TSCs) are limitations imposed by a supplier that hinder to obtain goods freely; regrets the anti- competitive effects of persisting territorial supply constraints where retailers and wholesalers are faced with refusals to supply and destination obligations, with a negative impact on consumers who have less choice and pay higher prices; in this context, highlights that suppliers implement TSCs through different practices such as: refusing to supply, threatening to stop supplying a particular distributor, limiting the quantities available for sale, differentiating product ranges and prices between EU Member States or limiting language options for the product packaging; underlines that TSCs are hampering the development of the single market and its potential benefit to consumers; welcomes that the issue has in particular been touched upon in the Communication of the Commission on "A European retail sector fit for the 21st century" and as a follow-up to this Communication, the Commission launched in 2019 a fact-finding into TSCs in the EU retail sector; welcomes that the Commission launched the review of the Vertical Block Exemption Regulation (VBER), and the accompanying Vertical Guidelines; beside that underlines the necessity to take into consideration the interests of SMEs, not least compared to international groups that have the means to deal with complex regulation; also stresses that Territorial Supply Constraints must be incorporated in the Vertical Block Exemption Regulation (VBER) in order to remain consistent with the single market; calls on the Commission to come forth with adequate measures to eliminate territorial supply constraints and thereby reduce barriers to cross-border trade in view of a fully functioning Single Market;
2021/01/08
Committee: IMCO
Amendment 48 #

2020/2223(INI)

Draft opinion
Paragraph 5 b (new)
5b. Recalls that, in order to fight effectively against anti-competitive practices, all aspects of unfair competition - such as killer acquisitions - must be taken into consideration;
2021/01/08
Committee: IMCO
Amendment 49 #

2020/2223(INI)

Draft opinion
Paragraph 5 c (new)
5c. Welcomes the Commission's first short-term review of the Geo-blocking Regulation1a and calls on the Commission to continue actively monitoring and remove - with a pro-consumer approach allowing consumers to seamlessly shop across the EU - unjustified geo-blocking and other restrictions on cross-border online sales that persist as identified in the review; encourages the Commission to consider proposing follow-up appropriate measures; __________________ 1a COM(2020) 766 final
2021/01/08
Committee: IMCO
Amendment 55 #

2020/2223(INI)

Draft opinion
Paragraph 6
6. Stresses the importance of clear measures to ensure effective enforcement and supervision of competition law at the EU level; underlines that the compliance of provisions must be reinforced with effective and proportionate penalties; urges the Commission to further strengthen the role of the European Consumers Centres Network (ECC-Net) in the spirit of the ECN+ Directive1a with a view to setting up an EU consumers authority; __________________ 1a OJ L 11, 14.1.2019, p.3
2021/01/08
Committee: IMCO
Amendment 58 #

2020/2223(INI)

Draft opinion
Paragraph 6 a (new)
6a. Recalls that consumer protection must remain a central policy goal of both current enforcement practices and any future sectoral legislation; underlines that consumer welfare and the prevention of consumer harm must remain essential aspects of competition policy;
2021/01/08
Committee: IMCO
Amendment 21 #

2020/2217(INI)

Draft opinion
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; calls on the Commission to adopt a cautious approach in order to ensure that consumers should always be able to decide who gets access to their personal data and under what circumstances; 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 altruism in full compliance with European legislation;
2020/11/17
Committee: IMCO
Amendment 49 #

2020/2217(INI)

Draft opinion
Paragraph 3 a (new)
3a. Recalls the importance of security and data protection as key elements for data sharing initiatives and the future EU data spaces; highlights that companies must comply with the GDPR in its entirety, including the principles of data minimisation, and data protection by design and by default; welcomes the Commission’s plan to adopt measures to enhance the portability right under Article 20 of the GDPR in its upcoming Data Act; encourages the Commission to facilitate the finalisation of the negotiations on the ePrivacy Regulation in order to ensure future-proof privacy in electronic communications;
2020/11/17
Committee: IMCO
Amendment 67 #

2020/2217(INI)

Draft opinion
Paragraph 3 b (new)
3b. Calls on the Commission to pay particular attention to situations where data is co-generated and makes it difficult to identify to whom the data might refer to, which can pose difficulties as to who is entitled to apply data protection rights;
2020/11/17
Committee: IMCO
Amendment 71 #

2020/2217(INI)

Draft opinion
Paragraph 3 c (new)
3c. Encourages the Commission to establish proper mechanisms and the right conditions to make G2B data sharing widely and freely available, in a machine-readable format and through standardised Application Programming Interfaces (APIs); considers that this could include that businesses should only have access to the free data if they pay taxes in EU;
2020/11/17
Committee: IMCO
Amendment 78 #

2020/2217(INI)

Draft opinion
Paragraph 3 d (new)
3d. Emphasises that market surveillance authorities should have access to all relevant data in order to strengthen their actions and ensure sufficient control of products safety;
2020/11/17
Committee: IMCO
Amendment 80 #

2020/2217(INI)

Draft opinion
Paragraph 3 e (new)
3e. Encourages the Commission to assess possible mechanisms and tools to allow and encourage the donation of data by companies, which can be of public interest while respecting existing European legislation;
2020/11/17
Committee: IMCO
Amendment 90 #

2020/2217(INI)

Draft opinion
Paragraph 4 a (new)
4a. Underlines the important need to develop a cyber-secure and dynamic cloud ecosystem in Europe in order to deliver a successful and competitive Digital Single Market; encourages the Commission to develop a coherent cloud rulebook that takes into consideration the work of the Working Group on Switching Cloud providers and data porting (SWIPO) and seeks to ensure that customers can choose their cloud services providers as well as retrieve, transfer and move data to other clouds in a free and secure manner;
2020/11/17
Committee: IMCO
Amendment 101 #

2020/2217(INI)

Draft opinion
Paragraph 4 b (new)
4b. Suggests developing a technical and legal framework for data sharing to keep data secure and to ensure control over who access data and for what purpose; highlights initiatives such as the Nordic Smart Government which intends to enable SMEs to voluntary share data automatically and in real-time through a decentralised digital ecosystem;
2020/11/17
Committee: IMCO
Amendment 104 #

2020/2217(INI)

Draft opinion
Paragraph 4 c (new)
4c. Underlines that when defining standards for sharing data across sectors, the Commission should pay particular attention to the standards applying within the sector in order to ensure a coherent cross-sector data-sharing standard and avoid disadvantaging a sector towards another;
2020/11/17
Committee: IMCO
Amendment 2 #

2020/2216(INI)

Motion for a resolution
Citation 29 a (new)
- having regard to its resolution of 20 January 2021 on strengthening the single market: the future of free movement of services,
2021/01/26
Committee: IMCO
Amendment 7 #

2020/2216(INI)

Motion for a resolution
Recital B a (new)
Ba. whereas a dismantling of online and offline rules in the European Single Market and the DSM, respectively, has to be prevented at all costs and whereas the principle “what is illegal offline is illegal online” has to be respected;
2021/01/26
Committee: IMCO
Amendment 21 #

2020/2216(INI)

Motion for a resolution
Paragraph 1
1. Believes the EU needs to become a world leader in digital innovation; considers that the digital single market is about removing unjustified national barriers and having a better organised and common European approach for market integration and harmonisation; believes that further actions are needed at both Member State and EU level to achieve this;
2021/01/26
Committee: IMCO
Amendment 33 #

2020/2216(INI)

Motion for a resolution
Paragraph 3
3. Believes that digitalisation and technologies such as AI will be important forcould potentially achievinge the objectives of the Green Deal and for economic recovery from the COVID-19 crisis; considers that the COVID-19 crisis also offers an opportunity to speed up digitalisation, and that the digital transformation must serve the public interest overall;
2021/01/26
Committee: IMCO
Amendment 37 #

2020/2216(INI)

Motion for a resolution
Paragraph 4
4. Highlights that the Commission should adopt a balanced approach to legislation in order to create a digital single market thatcreate a digital single market that ensures the provision of public services, is competitive, fair, accessible, technologically neutral, innovation- friendly, consumer-friendly, human- centric and trustworthy, and that builds a secure data society and economy and ensures that equal conditions prevail as regards tax payment, meaning in particular that leading internet companies pay their taxes where their profits are generated;
2021/01/26
Committee: IMCO
Amendment 43 #

2020/2216(INI)

Motion for a resolution
Paragraph 5
5. Calls on the Commission to follow the ‘one in, one out’ principle in its future legislative proposals, and to address the fragmentation of the digital single market, remove any existing unjustified barriers, and support innovation by reducing red tape;
2021/01/26
Committee: IMCO
Amendment 48 #

2020/2216(INI)

Motion for a resolution
Paragraph 6
6. Asks the Commission to ensure properan ambitious enforcement of both current and any new legislative requirements; believes that enforcement needs to work effectively across borders and across sectors, with greater cooperation between authorities, and with due regard for the expertise and relevant competence of each authority; believes that the Commission should provide a guiding framework to ensure coordination for any new regulatory requirements on AI or related fields;
2021/01/26
Committee: IMCO
Amendment 63 #

2020/2216(INI)

Motion for a resolution
Paragraph 10
10. Notes that there is a significant lack of European venture and seed capital, as well as of private equity funding, when compared to its two biggest competitors; believes that this both prevents the EU from realising the full potential benefits of new technology, and also hinders the EU from influencing the global governance of new and emerging technologies; calls on the Commission and the Member States to propose a comprehensive European approach to increase sources of capital for technological investments in the EU as well as to ensure the availability of venture and seed capital for European companies and start-ups;
2021/01/26
Committee: IMCO
Amendment 64 #

2020/2216(INI)

Motion for a resolution
Paragraph 10 a (new)
10a. Regrets, that the Digital Europe programme as well as the Horizon Europe and Connecting Europe programmes do not dispose over higher budgets; urges the Commission to ensure that these programmes are deployed as soon as possible;
2021/01/26
Committee: IMCO
Amendment 66 #

2020/2216(INI)

Motion for a resolution
Paragraph 11
11. Calls on the Commission to work to position the EU as leader in the adoption and standardisation process for new technologies ensuring that “AI made in Europe” is based on European values and norms in order to promote not only economic development but especially social welfare; highlights the need to work with industry and also with international partners on setting global standards;
2021/01/26
Committee: IMCO
Amendment 75 #

2020/2216(INI)

Motion for a resolution
Paragraph 12
12. Recalls that we need a data economy that works for the entire EU, as it is a key enabler of digitalisation; believes that it is important for the EU to guarantee a high degree of control over data, with clear and balanced rules on inter alia intellectual property rights (IPR), but considers it essential to maintain openness towards third countries, and that the free flow of non-personal data across borders is important;
2021/01/26
Committee: IMCO
Amendment 76 #

2020/2216(INI)

Motion for a resolution
Paragraph 12
12. Recalls that we need a data economy that works for the entire EU, as it is a key enabler of digitalisation; believes that it is important for the EU to guarantee a high degree of consumers’ control over data, with clear and balanced rules on intellectual property rights (IPR), but considers it essential to maintain openness towards third countries, and that the free flow of non-personal data across borders is important;
2021/01/26
Committee: IMCO
Amendment 80 #

2020/2216(INI)

Motion for a resolution
Paragraph 13
13. Welcomes the Digital Services Act and the Digital Markets Act proposed by the Commission; believes that this should contribute to supporting innovation, and removing unjustified and disproportionate barriers and restrictions to the provision of digital services while improving consumer protection;
2021/01/26
Committee: IMCO
Amendment 88 #

2020/2216(INI)

Motion for a resolution
Paragraph 14 a (new)
14a. Recalls that the geo-blocking of online services constitutes a significant barrier to the Single Market, a derogation from the European economic freedoms on which the EU integration is based and an unjustified discrimination between European consumers; notes the Commission’s first short-term review of the Geo-blocking Regulation and urges the Commission to continue its assessment with a pro-consumer approach and to consider proposing follow-up appropriate measures to approach the problems related to copyright-protected content such as audio-visual, music, e-books, and games;
2021/01/26
Committee: IMCO
Amendment 97 #

2020/2216(INI)

Motion for a resolution
Paragraph 15
15. Strongly believes that AI canIs of the view that AI can, if developed adequately, be a force for good for all European citizens, and offer significant benefits and value for the economy, safety, security, education, healthcare, transport and the environment; believes the security, inclusiveness, accessibility and fairness, especially for groups in vulnerable situations,of consumers considered as vulnerable of AI- driven products and services need to be ensured;
2021/01/26
Committee: IMCO
Amendment 102 #

2020/2216(INI)

Motion for a resolution
Paragraph 15 a (new)
15a. Supports the expected Revision of the General Product Safety Directive announced in the Commission’s New Consumer Agenda, underlines that the revision of the Directive must go hand in hand with a revision of the Product Liability Directive in order to adapt both Directives to the digital economy;
2021/01/26
Committee: IMCO
Amendment 106 #

2020/2216(INI)

Motion for a resolution
Paragraph 17
17. Notes that while AI offers great potential, it can also present certainhigh risks due to issues such as bias and opacity;
2021/01/26
Committee: IMCO
Amendment 115 #

2020/2216(INI)

Motion for a resolution
Paragraph 18
18. Considers that a lack of consumer trust and confidence can holds back the widespread adoption of AI;
2021/01/26
Committee: IMCO
Amendment 132 #

2020/2216(INI)

Motion for a resolution
Paragraph 20
20. Notes that, while to varying degrees, AI is already subject to current European legislation, andAI raises new, so far unresolved, legal questions that affect consumers and thus calls on the Commission to issue clear guidance on the functioning and synergy between any current applicable legislation and any proposed new measures; considers it important not to over-regulate AI;
2021/01/26
Committee: IMCO
Amendment 135 #

2020/2216(INI)

Motion for a resolution
Paragraph 20 a (new)
20a. Points out that the use of self- learning algorithms enables businesses to gain a comprehensive insight about consumer’s personal circumstances and behaviour patterns, allowing them to tailor their advertising and contract terms to specific profiles thus exploiting consumer’s willingness to purchase goods and services as well as deploying scoring systems to decide whether a specific consumer can purchase a product or take up a service; thus calls on the Commission to comprehensively regulate AI technologies and to forbid an unfair or abusive use of such systems;
2021/01/26
Committee: IMCO
Amendment 144 #

2020/2216(INI)

Motion for a resolution
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 customercomprise safeguards and follow a precautionary approach to the development and use of AI and automated decision making systems as well as a more gradual establishment of risks and corresponding legal requirements including a right of information about the use of AI and automated decision making as well as preventive impact assessments in order to allow the banning of highly dangerous technologies; believes also that the regulatory framework should ensure transparency, accountability and provide for clear communication of the relevant requirements to both consumers and regulatory authorities;
2021/01/26
Committee: IMCO
Amendment 151 #

2020/2216(INI)

Motion for a resolution
Paragraph 24
24. Believes that such a framework should be based on an ethical, human- centric and principle-based approach throughout the design, development and life cycle of AI products based on the preservation of fundamental rights and the principles of transparency, explainability (when relevant), and accountability;
2021/01/26
Committee: IMCO
Amendment 158 #

2020/2216(INI)

Motion for a resolution
Paragraph 27
27. Considers that a voluntary labelling scheme for trustworthy AI, based on clear and common guidance drawn up by the Commission, could help imponce clear legal rules and enforcement mechanisms are in place, the role of a trustworthy label could be considered while at the same time it is important to bear in mind that the information asymmetry inherent to algorithmic learning systems, makes the rovle consumer trustof labelling schemes very complex;
2021/01/26
Committee: IMCO
Amendment 159 #

2020/2216(INI)

Motion for a resolution
Paragraph 27
27. Considers that a voluntary labelling scheme for trustworthy AI, based on clear and common guidance drawn up by the Commission, could improve transparency of AI-based technology and help improve consumer trust;
2021/01/26
Committee: IMCO
Amendment 170 #

2020/2216(INI)

Motion for a resolution
Paragraph 29
29. cCalls on the Commission and the Member States to makconsider the 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 of the risk profile of their productcalls that such tools must be considered by making use of the precautionary principle; believes that these tools canshould help encourageing innovation without any detriment to consumer protection;
2021/01/26
Committee: IMCO
Amendment 176 #

2020/2216(INI)

Motion for a resolution
Paragraph 30
30. Believes that the use of high-risk AI should follow a precautionary approach and be limited to specific and clearly warranted purposes, in full respect of the applicable law and subject to transparency obligations; underlines that this will be decisive for ensuring safety and security, data and consumer protection, 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;
2021/01/26
Committee: IMCO
Amendment 182 #

2020/2216(INI)

Motion for a resolution
Paragraph 31
31. Calls on the Member States to encourage and support the establishment of specialisEU-certified review boards for AI products and services in the Member States to assess the potential benefits and potential harm stemming from high-risk, impactful AI- based projects;
2021/01/26
Committee: IMCO
Amendment 198 #

2020/2216(INI)

Motion for a resolution
Paragraph 33
33. Calls on the Commission to update the existing liability framework in order to address new challenges posed by emerging digital technologies such as artificial intelligence and urges the Commission to update inter alia the Product Liability Directive, in particular by redefining the terms ‘product’, ‘damage’ and ‘defect’ and reversing the concept of ‘burden of proof’, and calls on the Commission to introduce a liability regime that is based on the proportion of control the party holds over the risk of the operation taking into account the development and the deployment phase and ensure compensation for non-material damages caused by AI;
2021/01/26
Committee: IMCO
Amendment 199 #

2020/2216(INI)

Motion for a resolution
Paragraph 33 a (new)
33a. Notes that the development of AI technologies is expected to take diverse forms depending on the economic sector in question or the intended use; asks the Commission to consider the creation of a European Observatory of AI in order to monitor the different development of AI technologies at European and Member States’ level and better inform authorities and policy makers on emerging social, economic and legal issues to be addressed;
2021/01/26
Committee: IMCO
Amendment 201 #

2020/2216(INI)

Motion for a resolution
Paragraph 33 b (new)
33b. Considers that AI can, if developed and deployed adequately, be a formidable enabling technology but which can nonetheless pose serious challenges to the European environmental objectives set out in the Green Deal; highlights that studies have shown that training a single AI model can emit carbon dioxide in amounts comparable to that of five cars over their lifetimes; calls on the Commission to take into account the environmental footprint of AI technologies, including in their development phase, in order to ensure that the development of AI is in line with our European environmental objectives;
2021/01/26
Committee: IMCO
Amendment 6 #

2020/2131(INI)

Draft opinion
Paragraph 1
1. Welcomes the SME strategy and shares the Commission’s view that SMEs are essential to the European economy as they play a central role for the economic recovery and for the digital and sustainable transition of the EU; stresses that it must go hand in hand with the Industrial Strategy; notes that it was adopted before the COVID-19 crisis; calls therefore the Commission to reassess the Strategy in light of the lessons learnt from the crisis and of the Recovery Package, and to swiftly revise it where needed;
2020/07/15
Committee: IMCO
Amendment 11 #

2020/2131(INI)

Draft opinion
Paragraph 2
2. SUnderlines that the COVID-19 crisis has delivered a shock to many SMEs and their role in the everyday life of Europeans, jeopardizing their very existence in several cases; stresses that the implementation of the SME strategy should focus not only on supporting SMEs to help them maintain their existence, as the COVID-19 crisis has delivered a shock to many SMEs and their role in the everyday life of Europeanmicro and SMEs to prevent shutdowns, to help them preserve their existence and business continuity, to promote their resilience, but also to assess and restore disrupted supply chains so as to incentivise their integration in industrial ecosystems, to help them seize opportunities to grow; recalls that SMEs were already facing difficulties prior to the crisis, in particular as regards access to finance, information and markets; stresses therefore the importance of adopting an ambitious strategy to ensure SMEs can recover and scale up their activities;
2020/07/15
Committee: IMCO
Amendment 20 #

2020/2131(INI)

Draft opinion
Paragraph 3
3. Notes that micro and SMEs should be burdened as little as possible and encourages the Commission to use strong enforcement action to ensure that the single market benefits all businesses and consumers and to counter gold-face proportionate obligations taking into account their specificities and sectorial characteristics; recalls that the SME test can be a useful tool in that regard; encourages the Commission to use strong enforcement action to limit market fragmentation, address social and fiscal dumping, remove unjustified market barriers and ensure a level platying and other regulatory restrictions; field, for a fair single market that benefits all businesses and consumers;
2020/07/15
Committee: IMCO
Amendment 40 #

2020/2131(INI)

Draft opinion
Paragraph 4
4. Highlights the crucial role of data as the lifeblood of the digital economy; supports the Commission in establishing European data spaces for trusted and secure data sharing to ramp up data flows between businesses and with governmenpoints out to the existence of market power imbalances and obstacles to access to data that affect SMEs’ development; welcomes the Data Strategy in this regard; supports the Commission in promoting interoperability and establishing European data spaces for trusted and secure data sharing to ramp up data flows between businesses and with governments; considers that all products and services developed with public funding should be published under open- source licenses and be accessible to micro and SMEs; emphasises the strategic importance of ensuring SMEs’ digital transition and suggests therefore that the future common European data spaces should be developed in an SME-friendly way so that they can access large datasets;
2020/07/15
Committee: IMCO
Amendment 44 #

2020/2131(INI)

Draft opinion
Paragraph 4 a (new)
4a. Points out that SMEs face difficulties in protecting their Intellectual Property (IP) rights, which can threaten their development; calls on the Commission to increase IP awareness, develop external advice and ensure appropriate enforcement;
2020/07/15
Committee: IMCO
Amendment 47 #

2020/2131(INI)

Draft opinion
Paragraph 4 b (new)
4b. Underlines the opportunities offered by e-commerce to reach new customers and markets in supporting economic recovery for micro and SMEs; highlights the added value of legislation such as the Platform to Business Regulation in this regard and calls for its swift implementation and enforcement; warns that a persistent risk of unfair competition exists in e-commerce, also due to the presence of non-compliant, illegal or unsafe products in online marketplaces targeting EU consumers; underlines that the future Digital Services Act will play a key role in this regard;
2020/07/15
Committee: IMCO
Amendment 52 #

2020/2131(INI)

Draft opinion
Paragraph 5
5. Encourages Member States to implement the single digital gateway in an SME-friendly way by cooperating closely with regional and local authorities and by providing easy digital access to information, procedures, and services linked to doing business across borders, including advice on public procurement and funding sources; welcomes the SME Envoy system to better take into account the end-user into future legislation; suggests however a critical assessment of its appointment process and functioning in order to redress potential weaknesses and ensure it works efficiently in all Member States, in constant coordination with the relevant business associations and stakeholders;
2020/07/15
Committee: IMCO
Amendment 60 #

2020/2131(INI)

Draft opinion
Paragraph 6
6. Calls on the Member States to simplify procurement tendering processes by using the flexibility of the EU’s new procurement framework and to enhance opportunities for SMEs, such as the possibility of subdividing procurement in smaller lots and the streamlining of administrative procedures, as well as by using digital tools and platforms to expand cross-border procurement; stresses that green public procurement can make an important contribution to building a sustainable economy;
2020/07/15
Committee: IMCO
Amendment 71 #

2020/2131(INI)

Draft opinion
Paragraph 7
7. Underlines the fact that late payments account for a quarter of all SME bankruptcies in the EU; urges the Commission to swiftly equip the Late Payment Directive1 with strong monitoring and enforcement tools so as to ensure and promote prompt payments as a norm, in particular for government-to-business transactions, across the single market. _______________________________ 1 Directive 2011/7/EU of the European Parliament and of the Council of 16 February 2011 on combating late payment in commercial transactions, OJ L 48, 23.2.2011, p. 1.
2020/07/15
Committee: IMCO
Amendment 75 #

2020/2131(INI)

Draft opinion
Paragraph 7 a (new)
7a. Underlines that a sustainable and innovative Single Market can only be achieved if micro and SMEs can carry out their transition to digital and environmental sustainability; highlights the importance of efficiently providing financial and non-financial support to micro and SMEs across all Member States; welcomes in this regard the development of Digital Innovation Hubs (DIH) as well as the Enterprise Europe Networks (EEN); recommends on the latter increased coordination between national and European level, as well as a stronger involvement of local SME associations; calls on the Commission to help micro and SMEs benefit from the various initiatives provided for in the Green New Deal, the Industrial Strategy and the Communication on Shaping Europe’s Digital Future, as digitalisation and sustainability represent important opportunities for them to grow; points out to the need of mainstreaming SMEs in all EU policies.
2020/07/15
Committee: IMCO
Amendment 81 #

2020/2131(INI)

Draft opinion
Paragraph 7b (new)
7b. Welcomes the definition of SMEs as defined in Commission Recommendation 2003/361/EC in the version of 6 May 2003, and calls therefore to maintain this definition in EU legislation and to ensure its consistent interpretation across Member State.
2020/07/15
Committee: IMCO
Amendment 1 #

2020/2116(INI)

Motion for a resolution
Citation 1
— having regard to the Universal Declaration of Human Rights of 1948, and in particular Article 13 and Article 14 thereof,
2020/12/14
Committee: AFET
Amendment 2 #

2020/2116(INI)

Motion for a resolution
Citation 5
— having regard to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment of 1984 and in particular Article 3, and the additional protocol thereto,
2020/12/14
Committee: AFET
Amendment 3 #

2020/2116(INI)

Motion for a resolution
Citation 9 a (new)
- having regard to the International Convention for the Protection of All Persons from Enforced Disappearance,
2020/12/14
Committee: AFET
Amendment 4 #

2020/2116(INI)

Motion for a resolution
Citation 13
— having regard to the work of various international human rights mechanisms, including the reports of the UN Special Rapporteur on the human rights of migrants, notably his follow-up to the regional study on the management of the external borders of the European Union and its impact on the human rights of migrants of 8 May 2015, as well as his report on the freedom of association of migrants of May 2020, and of other Special Rapporteurs, the Universal Periodic Review and the work of other treaty bodies,
2020/12/14
Committee: AFET
Amendment 6 #

2020/2116(INI)

Motion for a resolution
Citation 16 a (new)
- having regard to the Report of the UN Secretary-General: Smuggling of migrants and trafficking in persons in the Mediterranean Sea off the coast of Libya form September 2020 (S/2020/876) in particular violations faced by migrants and asylum seekers in Libya,
2020/12/14
Committee: AFET
Amendment 7 #

2020/2116(INI)

Motion for a resolution
Citation 16 b (new)
- having regard to the Report of the United Nations High Commissioner for Human Rights on the situation of human rights in Libya, and the effectiveness of technical assistance and capacity-building measures received by the Government of Libya in particular the paralysis of the state’s security institutions by armed groups and militias,
2020/12/14
Committee: AFET
Amendment 9 #

2020/2116(INI)

Motion for a resolution
Citation 20 a (new)
- having regard to EU Regulation 656/2014: establishing rules for the surveillance of the external sea borders in the context of operational cooperation coordinated by the European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union,
2020/12/14
Committee: AFET
Amendment 10 #

2020/2116(INI)

Motion for a resolution
Citation 22 a (new)
- having regard to the Council Conclusions on the EU Action Plan on Human Rights and Democracy 2020- 2024, and the annexed EU Action Plan on Human Rights and Democracy 2020- 2024, as agreed by the Council on 17 November 2020,
2020/12/14
Committee: AFET
Amendment 11 #

2020/2116(INI)

Motion for a resolution
Citation 22 b (new)
- having regard to the Joint Communication to the European Parliament and the Council for the EU Gender Action Plan (GAP) III {SWD(2020) 284 final},
2020/12/14
Committee: AFET
Amendment 16 #

2020/2116(INI)

Motion for a resolution
Citation 29 a (new)
- having regard to the Malta Declaration by the members of the European Council on the external aspects of migration: addressing the Central Mediterranean route of 3 February 2017,
2020/12/14
Committee: AFET
Amendment 21 #

2020/2116(INI)

Motion for a resolution
Recital A
A. whereas migration is a global phenomenon amplified by globalisation, rising conflicts, inequalities, and climate disruption; whereas gradual, normative development within the modern international human rights framework of the rights of migrants, independently of their legal status, represents a source of progress and collective pride for humanity; whereas migrants remain and - in particular - forcibly displaced persons, however, among the most vulnerable and disadvantaged groups worldwide and continue to face violations of their rights; whereas migration continues to be for many individuals a human journey marred by suffering, discrimination and violence; whereas the European Union, as a historic region of both emigration and immigration and, as a community united by founding values of human dignity, freedom and human rights and as one of the worlds’ largest donors promoting sustainable development, supporting displaced persons and working through multilateral forums towards finding durable solutions, has a particular duty to respect, protect and promote the rights of migrants, notably in its external dealings;
2020/12/14
Committee: AFET
Amendment 51 #

2020/2116(INI)

Motion for a resolution
Recital F a (new)
F a. whereas the EU Gender Action Plan III commits the EU to ensuring that "the human rights of migrant women and girls are fully realised through gender- responsive migration policies, programmes and laws, and gender- responsive migration governance at global, regional and national levels reinforced";
2020/12/14
Committee: AFET
Amendment 56 #

2020/2116(INI)

Motion for a resolution
Recital H
H. whereas UN human rights experts, NGOs and civil society organisations warned that the COVID-19 pandemic is having serious and disproportionate effects on migrants and their families globally; whereas they have called on states to protect the rights of migrants and their families, regardless of their migration status, both during and after the pandemic;
2020/12/14
Committee: AFET
Amendment 61 #

2020/2116(INI)

Motion for a resolution
Paragraph 2
2. Stresses that these obligations require not only the abstract recognition of the applicability of the relevant standards, but also an appropriate operationalisation through detailed and specific instruments that allow for effective protection and safeguards in practice as well as through a human rights- based approach to the entire migration policy cycle, from formulation to adoption, implementation, monitoring and evaluation;
2020/12/14
Committee: AFET
Amendment 64 #

2020/2116(INI)

Motion for a resolution
Paragraph 3
3. Recalls that, in compliance with Article 3(5) and 21 TEU, the EU and, when applying EU law, the Member States, in their external and extraterritorial actions in the areas of migration, borders and asylum, should pay specific attention toall respect the rights enshrined in the Charter of Fundamental Rights, including the right to life, the right to liberty, the right to asylum, human dignity and security, the protection from enforced disappearance, the prohibition of ill- treatment, torture, slavery and forced labour, the right to the protection of personal data, protection in the event of removal, expulsion or extradition and the obligation to take the interests of the child as a primary consideration, as well as adopting a gender-sensitive approach, and to ensure non-discrimination and procedural guarantees such as the right to an effective remedy and data protection;
2020/12/14
Committee: AFET
Amendment 80 #

2020/2116(INI)

Motion for a resolution
Paragraph 4
4. Observes that the Commission has yet to evaluate the impact of the implementation of its successive migration policy frameworks, notably the GAMM and the new Partnership Framework, on the human rights of TCNs as well as the human rights impact of the EU’s cooperation on migration with third countries, including the impact of EU’s support for partner countries’ border and security forces; insists on the need to carry out such an evaluation in a comprehensive, inclusive and public format with a view to ensuring the full human rights compliance of the EU’s external migration policy including with regards to the Facility for Refugees in Turkey in the framework of the EU-Turkey statement and the EUTF;
2020/12/14
Committee: AFET
Amendment 85 #

2020/2116(INI)

Motion for a resolution
Paragraph 5
5. Notes with great concern the absence of operational, reporting, monitoring, evaluation and accountability mechanisms at the level of individual cases to track and respond to potential violations, as well as the lack of effective judicial remedies for persons whose rights are allegedly violated as a consequence of EU and EU agencies cooperation with third countries, especially in the case of informal agreements and financial cooperation;
2020/12/14
Committee: AFET
Amendment 92 #

2020/2116(INI)

Motion for a resolution
Paragraph 6
6. Calls for the EU to ensure that readmission agreements and agreements for cooperation on border management are only concluded with third countries that explicitly commit to respecting human rights and the rights enshrined in the UN Refugee Convention, and to ensure that such cooperation does not lead to violations of those rights and offers operational means to nullify these agreements, seek effective remedy and ensure accountability should such violations occur;
2020/12/14
Committee: AFET
Amendment 95 #

2020/2116(INI)

Motion for a resolution
Paragraph 6 a (new)
6 a. Recalls that, in accordance with the Convention Relating to the Status of Refugees of 1951 (Art. 3) and to the Universal Declaration of Human Rights (Art. 14) the country of origin shall by no means constitute an obstacle to the application of the right to seek asylum; calls for the EU to ensure that for the purpose of readmission agreements no third country is considered as safe and that all asylum seekers shall enjoy the right to have their applications individually assessed;
2020/12/14
Committee: AFET
Amendment 100 #

2020/2116(INI)

Motion for a resolution
Paragraph 7
7. Calls on the Commission to ensure ex ante risk assessments, performed by independent agencies, on the impact of any formal, informal or financial EU cooperation with third countries on the rights of migrants and refugees, on human rights defenders and civil society in- country working to defend these rights and, to the extent possible, on impact that such cooperation would have on the wider population in the country affected by it, including access to rights, contribution to human security and peace, and sustainable development; calls on the Commission to set implementation guidelines for EU agencies and Member States before entering into cooperation with third countries; calls in this respect for particular vigilance in relation to countries which are are suspected of breaching the rule of law, experiencing ongoing or frozen conflicts and face increased risks of human rights violations, such as Turkey, Libya and Egypt and countries where migrants and refugees are subjected to mistreatment and illegal push backs, such as Tunesia, Algeria, Morocco; calls for a commitment to a conflict-sensitive approach that considers and recognizes the effects of assistance into conflict settings and seeks to minimize harm; urges in that regard the Commission to insist that all migration-related interventions must structure any short- term objectives or projects within longer- term aims that support governance;
2020/12/14
Committee: AFET
Amendment 110 #

2020/2116(INI)

8. Calls on the Commission to establish an independent, transparent and effective monitoring mechanism, which entails periodic reports on the implementation of formal, informal and financial agreements with third countries that can potentially impact the rights of migrants and refugees in third countrieand human rights defenders and civil society in-country working to defend these rights, such as migration partnerships, readmission agreements, and international cooperation on migration management and governance, including direct targeting of challenges connected to migration and forced displacement; stresses that such a monitoring mechanism has to be transparent, participatory for civil society and field workers, and publicly available; insists on the need to ensure means for civil society and other interested stakeholders to be able to contribute to the work of the mechanism; insits that such a system should contribute to ensuring accountability for potential human rights vioalations, including unlawful push backs violating the principle of non- refoulement; insists that such a monitoring mechanism will assess the implementation of agreements strictly on the basis of international law, the EU Charter and the Sustainable Development Goals;
2020/12/14
Committee: AFET
Amendment 118 #

2020/2116(INI)

Motion for a resolution
Paragraph 10
10. Notes that the implementation and funding of the EU’s external migration policy is assigned to different Commission Directorates-General and mainstreamed across the EU’s migration, asylum, development and foreign policies without a designated lead institutional actor; notes with concern that this blending of executive responsibilities has created a lack of sufficient and coherent oversight of the Commission’s activities that would enable Parliament to exert democratic control over the EU’s external migration policy and exercise budgetary authority over development funds; urges the Commission to designate a single lead institutional interlocutor at Commissioner level on the external dimension of migration;
2020/12/14
Committee: AFET
Amendment 125 #

2020/2116(INI)

Motion for a resolution
Paragraph 11
11. Highlights with great concern the practical human rights implications stemming from the increasing number, and hence the extrajudicial nature, of informal arrangements on return and readmission, which are concluded in the absence of due democratic scrutiny and parliamentary oversight and are not subject to judicial scrutiny; calls on the Commission to prioritise the conclusion of formal readmission agreements, thus ensuring full respect for Article 218(6) TEU, and to ensure that formal EU Readmission Agreements (EURAs) exclude the application of informal agreements; believes that Parliament must assess the legality of informal agreements which include commitments on issues that fall within its competencies, such as readmission, and must be ready to undertake further action including suspension if these informal agreements appear to be incompatible with the Treaties;
2020/12/14
Committee: AFET
Amendment 129 #

2020/2116(INI)

Motion for a resolution
Paragraph 12
12. Highlights with great concern the increased role of the European Border and Coast Guard Agency in practical and operational cooperation with third countries, including on return and readmission, provision of training, operational and technical assistance to authorities of third countries for the purpose of border management and border control, carrying out operations or joint operations at the EU’s external borders or in the territories of third countries, and deploying liaison officers and operational staff in third countries; calls on the Commission to establish an independent, transparent and effective monitoring mechanism on all activities carried out by the European Border and Coast Guard Agency, in addition to the internal complaint mechanism in place;
2020/12/14
Committee: AFET
Amendment 136 #

2020/2116(INI)

Motion for a resolution
Paragraph 12 a (new)
12 a. Recalls that also other EU actors implementing the external migration policy in the context of e.g. EU naval missions, are bound to applicable international law and that forwarding information to authorities of third countries that ultimately result in the unlawful return of migrants and refugees to unsafe countries, can be considered under international law as assisting in human rights violations;
2020/12/14
Committee: AFET
Amendment 139 #

2020/2116(INI)

Motion for a resolution
Paragraph 13
13. Recalls that ad hoc Status Agreements, to be approved by the European Parliament, are required for the deployment of the European Border and Coast Guard Agency’s border management teams to a third country where the members of the teams will exercise executive powers; regrets that the two status agreements concluded to date do not include specific measures for the operationalisation of human rights as part of border management, and also fail to clearly regulate accountability for potential human rights violations or ensure that material support and training to third countries is not given to perpetrators of human rights violations, and calls for any future status agreements to include such measures;
2020/12/14
Committee: AFET
Amendment 150 #

2020/2116(INI)

Motion for a resolution
Paragraph 15
15. Calls for the extension of the mandate of the Fundamental Rights Agency to allow it to exercise an advisory role in the external dimension of EU asylum and migration policies and its effective and independent involvement in monitoring exercises; calls for the development of relevant tools and guidelines by the Fundamental Rights Agency;
2020/12/14
Committee: AFET
Amendment 165 #

2020/2116(INI)

Motion for a resolution
Paragraph 16
16. Notes with concern the increasing recourse since 2016 to enhanced conditionality between development cooperation and migration management, including return and readmission; stresses, however, that according to Article 208 TFEU the primary objective of Union development cooperation policy shall be the reduction and, in the long term, the eradication of poverty; calls, therefore, on the Commission to ensure that policies on development cooperation do not contravene the principles enshrined in Article 208 TFEU; stresses that the use of development cooperation as an incentive for migration management undermines meaningful action on the needs of people in developing countries, the rights of refugees and migrants, and their potential impact on regional migration patterns and contribution to local economies, and thus also undermines a wide range of rights stemming from the Sustainable Development Goals; stresses that visa issuing and development programmes should not be subject to cooperation on readmissions; stresses that cooperation and development budget should not be used for the purpose of border management and/or migration control;
2020/12/14
Committee: AFET
Amendment 179 #

2020/2116(INI)

Motion for a resolution
Paragraph 17
17. Notes that a complete, public overview of EU funding to third countries to facilitate cooperation on migration issues remains unavailable; calls on the Commission to provide improved transparency, including by establishing a clear overview of the funds used to finance cooperation with third countries in the field of migration management across all its financial instruments and their implementation, including information on the amount, purpose and source of funding as well as detailed information on any other potential support measures provided by EU agencies such as the European Border and Coast Guard Agency, in order to ensure that Parliament can efficiently perform its institutional role of scrutiny of the implementation of the EU budget; stresses to suspend any kind of budgetary support and training to the border authorities of third countries which, in this way, proceed with push backs by proxy in violation of the principle of non- refoulement (for example Libya, Tunisia, Morocco) and of Art.13 of the Universal Declaration of Human Rights;
2020/12/14
Committee: AFET
Amendment 189 #

2020/2116(INI)

Motion for a resolution
Paragraph 18
18. Stresses the importance of allocating a substantial share of future EU funding in the field of migration to civil society and community based groups in third countries for providing assistance and for the protection and monitoring of the rights of migrants, supporting forcibly displaced persons and their host communities, reaping the benefits of well- managed and orderly migration, and of ensuring that a significant part of EU funding is earmarked for the improvement of human rights, international protection, and the future perspective of refugeesolutions for refugees and migrants;
2020/12/14
Committee: AFET
Amendment 200 #

2020/2116(INI)

Motion for a resolution
Paragraph 19
19. Notes that the possibilities of mainstreaming migration policy in EU external policy are significantly broadened by the inclusion of migration in the thematic, geographical and rapid response component of the proposed Neighbourhood, Development, International Cooperation Instrument (NDICI); notes with concern, however, that through the ‘rapid response’ component, cooperation with third countries on migration management can be funded without the need for the Commission to publish any programming documents or consult civil society actors, and without the involvement of Parliament, including in the framework of the ‘Migration Preparedness and Crisis Blueprint’, which lacks mechanisms to assess the possible adverse impact of such interventions; insists in this regard on the need to ensure that the 2021- 2027 Multiannual Financial Framework is accompanied by a robust human rights framework for the identification, implementation and monitoring of future migration cooperation programmes, as to link the EU financial disbursement to human rights obligations;
2020/12/14
Committee: AFET
Amendment 204 #

2020/2116(INI)

Motion for a resolution
Paragraph 20
20. Calls on the Commission to regularly and publicly report to Parliament on the funding of migration-related cooperation programmes in third countries, the ways in which such funding has been used by partner countries and their human rights impact, including within the framework of the working group on external financial instruments of the Committee on Foreign Affairs;
2020/12/14
Committee: AFET
Amendment 205 #

2020/2116(INI)

Motion for a resolution
Paragraph 21
21. Believes that Parliament must make full use of its powers of implementation, scrutiny and budgetary control and auditing procedures before the European Court of Auditors and ensure that EU funding decisions and related allocations comply with the Union’s principles of legality and sound financial management;
2020/12/14
Committee: AFET
Amendment 213 #

2020/2116(INI)

Motion for a resolution
Paragraph 22
22. Recalls the commitment of the EU and its Member States under the Global Compact on Refugees to share responsibility for the effective and comprehensive protection of refugees and ease the pressure on host countries; stresses in this regard that the EU and its Member States should increase resettlement pledges and step up to legal pathways and contribute to a more structural and substantial funding of the regioncommunities and countries hosting most refugees, and should not use financial means to shift responsibility for the protection of refugees to third countries; calls on the EU and its Member States for increasing resettlement allocations and for working to prevent forced refugee returns from hosting countries; reiterates the importance of fully implementing the 23 objectives of the Global Compact for Safe, Orderly and Regular Migration; believes that Parliament must ensure the proper scrutiny of the implementation of both Compacts by the EU;
2020/12/14
Committee: AFET
Amendment 217 #

2020/2116(INI)

Motion for a resolution
Paragraph 23
23. Calls for the EU and its Member 23. States to pursue a migration policy that fully reflects the human rights of migrants as enshrined in both international, EU, national and regional law; calls on the EEAS, the Commission and the Member States to engage with third countries on the rights of migrants as an integral dimension of the EU’s human rights policy; insists that the human rights and migration nexus be adequately covered within the framework of bilateral EU human rights dialogues with the relevant countries; calls on the EU Delegations in those countries to monitor closely the rights of immigrants, particularly in countries of transit and other potentially vulnerable groups such as internally displaced persons, as well as social conditions, access to basic services and human security concerns in emigration countries; insists on the proactive engagement of the EU in countries where human rights defenders and civil society and community-based organisations, including those who are protecting the lives of migrants and asylum seekers who are at risk, be it in- or outside the EU, are under threat or are being criminalised for their legitimate work;
2020/12/14
Committee: AFET
Amendment 223 #

2020/2116(INI)

Motion for a resolution
Paragraph 24
24. Calls for the EU to carry out a global campaign to support universal ratification of the Geneva Convention relating to the Status of Refugees and its 1967 protocol; urges Member States to lead by example by adhering to the UN Convention on the Rights of Migrant Workers, as one of the core UN human rights conventions;
2020/12/14
Committee: AFET
Amendment 224 #

2020/2116(INI)

Motion for a resolution
Paragraph 24 a (new)
24 a. Calls for the EU to work together with concerned countries to identify and implement mitigation and adaptation solutions for communities at risk of being uprooted by the global climate crisis, and to promote multilateral cooperation on durable solutions for those who are eventually displaced;
2020/12/14
Committee: AFET
Amendment 175 #

2020/2113(INI)

Motion for a resolution
Paragraph 7
7. Calls on the countries in the region to refrain from exporting arms or combatants or intervening militarily in other countries, as such interventions are some of the main causes of regional destabilisation; in this regard, strongly condemns Turkey’s ongoing violations of the sovereignty and territorial integrity of Iraq through the regular and illegal air strikes causing civilian deaths, notably in Sinjar region, and building up an illegal military and intelligence presence in the Nineveh province (through the base in Bashiqa); deplores the profoundly destabilizing effects of these Turkish actions on the security and humanitarian situation in the region; calls on Turkey to immediately cease these activities, end its military presence in Iraq and commit itself fully to the respect of the international law, the sovereignty, independence and territorial integrity of Iraq, and the right of all its ethnic and religious groups to live in peace, security, and democracy; condemns the persistent pattern of the use by Turkey of extremist mercenaries, including those associated with the UN Security Council-designated terrorist organizations, to advance its expansionist foreign policy and military goals, notably in Libya, Syria and South Caucasus; firmly opposes the use of drones in extrajudicial and extraterritorial killings of terror suspects and demands a ban on the use of drones for this purpose;
2022/06/23
Committee: AFET
Amendment 13 #

2020/2112(INI)

Motion for a resolution
Citation 25
— having regard to the statements adopted at the Northern Dimension Parliamentary Forum in Bodø, Norway, in November 2019, in Reykjavik, Iceland, in May 2015, in Archangelsk, Russia, in November 2013, in Tromsø, Norway, in February 2011 and in Brussels in September 2009,
2021/05/11
Committee: AFET
Amendment 20 #

2020/2112(INI)

Motion for a resolution
Citation 25 a (new)
— having regard to the statement from the 14th Conference of Parliamentarians of the Arctic Region 13- 14 April 2021,
2021/05/11
Committee: AFET
Amendment 23 #

2020/2112(INI)

Motion for a resolution
Citation 25 b (new)
— having regard to the 2019 strategic note of the European Political Strategy Centre on a balanced Arctic Strategy for the EU,
2021/05/11
Committee: AFET
Amendment 30 #

2020/2112(INI)

Motion for a resolution
Recital A
A. whereas since the end of the Cold War, the Arctic has been a zone of peace andpeaceful area of international cooperation, and the goal of the international community should be to keep it as such;
2021/05/11
Committee: AFET
Amendment 37 #

2020/2112(INI)

Motion for a resolution
Recital B a (new)
Ba. whereas Denmark, Finland and Sweden are Arctic countries; whereas the EU’s only indigenous people, the Sami people, live in the Arctic regions of Finland and Sweden, as well as Norway and Russia;
2021/05/11
Committee: AFET
Amendment 42 #

2020/2112(INI)

Motion for a resolution
Recital C
C. whereas the future of the Arctic requires a broader understanding and actions reaching beyond the regional level owing to the direct link between the geopolitics and security of the Arctic and its environmental situation; whereas the region’s geopolitical importance is growing;
2021/05/11
Committee: AFET
Amendment 51 #

2020/2112(INI)

Motion for a resolution
Recital D
D. whereas the effects of climate change in the Arctic and the re-emergence of geopolitical competition in the region may impact the economic and security development of the northern hemisphereregion;
2021/05/11
Committee: AFET
Amendment 61 #

2020/2112(INI)

Motion for a resolution
Recital E
E. whereas the region’s geo-economic importance is quickly growing due to competition for itsits rich natural resources and the emerging new maritime routes;
2021/05/11
Committee: AFET
Amendment 63 #

2020/2112(INI)

Motion for a resolution
Recital E a (new)
Ea. whereas the natural resources of the Arctic region largely are within the national jurisdiction of the Arctic states and the ownership of these resources is undisputed;
2021/05/11
Committee: AFET
Amendment 66 #

2020/2112(INI)

Motion for a resolution
Recital E b (new)
Eb. whereas the need to develop and find sustainable solutions for energy- production and transportation has increased the global demand for rare- earth elements, which has turned the focus into the Arctic's largely unexploited natural resources;
2021/05/11
Committee: AFET
Amendment 84 #

2020/2112(INI)

Motion for a resolution
Recital I
I. whereas the remit of the Arctic Council is limited, giving ibut the flexibility to adapt to new challenges but also making it less able to respond to all the issues affectinghas been vital in securing a peaceful and constructive cooperation between the Arctic states, and served as a basis for several binding agreements between the Arctic States;
2021/05/11
Committee: AFET
Amendment 93 #

2020/2112(INI)

Motion for a resolution
Recital J a (new)
Ja. whereas the Arctic coastal states have confirmed in 2008 and 2018, in the Ilulissat declaration, that they will follow international law, most notably the Law of the Sea (UNCLOS), in governing the Arctic Ocean;
2021/05/11
Committee: AFET
Amendment 99 #

2020/2112(INI)

Motion for a resolution
Recital K a (new)
Ka. whereas there has been a longstanding engagement of the EU in the Arctic through its involvement in the Northern Dimension Policy with Russia, Norway and Iceland, in the Barents cooperation and particularly in the Barents Euro-Arctic Council and the Barents Regional Council, in the strategic partnerships with Canada, the US and Russia, as well as through its participation as an active de facto observer in the Arctic Council in recent years;
2021/05/11
Committee: AFET
Amendment 108 #

2020/2112(INI)

Motion for a resolution
Recital L
L. whereas Russian obstruction has since 2014 denied the EU formal observer status to the Arctic Councilthe EU has been denied formal observer status to the Arctic Council, due to the Russian veto since 2014 and before that due to the Canadian veto;
2021/05/11
Committee: AFET
Amendment 112 #

2020/2112(INI)

Motion for a resolution
Recital L a (new)
La. whereas France, Germany, the Netherlands, Poland, Spain and Italy – observers to the Arctic Council – show a substantial involvement in the Arctic and strong interest in future dialogue and cooperation with the Arctic Council; whereas Estonia has applied to become an observer to the Arctic Council;
2021/05/11
Committee: AFET
Amendment 115 #

2020/2112(INI)

Motion for a resolution
Recital L b (new)
Lb. whereas Iceland and Norway, as engaged and reliable partners, are associated with the EU through the EEA and the Schengen Agreements;
2021/05/11
Committee: AFET
Amendment 123 #

2020/2112(INI)

Motion for a resolution
Recital M
M. whereas the military importance of the Arctic is rapidly increasing due to the progressive and steady re-militarisation of the Russian Federation, significantly increasavoiding any spill-over effect to the Arctic from geopolitical tensions and conflicts in other regions is important, notes that the security importance and military presence ing the likelihood of military confrontation in the regionArctic is rapidly increasing;
2021/05/11
Committee: AFET
Amendment 153 #

2020/2112(INI)

Motion for a resolution
Paragraph 1
1. Considers that the Arctic plays a crucial role in keeping the environmental balance of the planet and aims to maintain the region as a zonen area of peace andful international cooperation;
2021/05/11
Committee: AFET
Amendment 181 #

2020/2112(INI)

Motion for a resolution
Paragraph 3 a (new)
3a. Recognises the importance of the Conference of Parliamentarians of the Arctic Region and the Northern Dimension Parliamentary Forum, and is committed to a strong and active participation in the parliamentary cooperation in the North;
2021/05/11
Committee: AFET
Amendment 182 #

2020/2112(INI)

Motion for a resolution
Paragraph 3 b (new)
3b. Stresses that due to the multitude of complex and intertwined issues concerning economic, environmental and security development of the Arctic, the region’s security needs global, regional and local stages for dialogue, and should be explored without prejudice;
2021/05/11
Committee: AFET
Amendment 191 #

2020/2112(INI)

Motion for a resolution
Paragraph 4 a (new)
4a. Welcomes that the stability of the Arctic has long remained relatively unaffected by conflicts in other areas of the world; considers it important to ensure that any military activity in the Arctic is carried out in a way that promotes security and stability in the region; calls on the Arctic States to reduce any tensions by ensuring predictability and transparency with regard to such activity;
2021/05/11
Committee: AFET
Amendment 205 #

2020/2112(INI)

Motion for a resolution
Paragraph 6
6. Underlines that cooperation with Russia in the Arctic should be consistent with the principle of selective engagement and should not jeopardise the goals of sanctions against Russian actions elsewhere; notes that the Arctic Council should be seen as a platform to maintain and continue open dialogue with Russia on matters of importance also for the EU;
2021/05/11
Committee: AFET
Amendment 212 #

2020/2112(INI)

Motion for a resolution
Paragraph 7
7. Considers that the inclusion of the Arctic by China in its economic development programmes, with the aspiration to integrate the Arctic’s northern sea route into its Belt and Road Initiative (as a ‘Polar Silk Road’), as well as the Arctic’s prominent place in the military strategy of the Russian Federation, are cause for concern and challenge any idea that the Arctic could be dealt with as a self-containedin order to maintain the Arctic as a peaceful and stable region;
2021/05/11
Committee: AFET
Amendment 262 #

2020/2112(INI)

Motion for a resolution
Paragraph 11
11. Is of the opinion that the Arctic should play a central role in the European Raw Materials Alliance, boosting Europe’s output of critical minerals and, cutting dependence on China for rare earth metals and developing opportunities for green economic growth;
2021/05/11
Committee: AFET
Amendment 264 #

2020/2112(INI)

Motion for a resolution
Paragraph 11 a (new)
11a. Underlines that the sustainable and strategic use of Arctic natural resources should be accompanied by the development of a key northern transport passage that contributes to greener transition; notes that specifically new Northern rail links would stimulate the economies of the Northern and Baltic States and improve market access in the North-South dimension; calls therefore on the Commission to address Northern transport issues and identify opportunities in the context of the Northern Dimension Partnership for Transport and Logistics (NDPTL); underlines that better links are needed within the Northern Dimension (ND) region to reduce remoteness and ensure connectivity in response to the global development;
2021/05/11
Committee: AFET
Amendment 268 #

2020/2112(INI)

Motion for a resolution
Paragraph 11 b (new)
11b. Calls for an increase in the accessibility of digital infrastructure in the Arctic, thereby promoting entrepreneurship, innovation and diversify economic development and underscores the importance of promoting the use of renewable energy in remote Arctic communities and encourages further work on innovative energy solutions and related capacity construction in the Arctic aimed at climate change prevention taking into account the needs of an increasingly electrifying society;
2021/05/11
Committee: AFET
Amendment 271 #

2020/2112(INI)

Motion for a resolution
Paragraph 11 c (new)
11c. Notes the role of the private sector in developing sustainable solutions for the Arctic; calls on the Commission to support European companies’ investments in key sectors like renewable energy production, logistics and the development of the power grid; investment opportunities under the EU’s investment and funding instruments should be identified in order to facilitate European companies access to the Arctic market;
2021/05/11
Committee: AFET
Amendment 273 #

2020/2112(INI)

Motion for a resolution
Paragraph 11 d (new)
11d. Underlines the importance of Arctic research in the fields pertaining to sustainable development. Underlines the important contributions from EU and its Member States in Polar science and the importance of knowledge as fundamental for political decisions and sustainable development in the Arctic. Notes that the EU has been a major financier of Arctic research through programmes like Horizon 2020; stresses the need to increase the EU Arctic R&D funding;
2021/05/11
Committee: AFET
Amendment 277 #

2020/2112(INI)

Motion for a resolution
Paragraph 12
12. Notes the signing and entry into force of the CAOF agreement, which represents an ambitious and innovative step towards tackle the problems ofhieving sustainable development in the Arctic;
2021/05/11
Committee: AFET
Amendment 285 #

2020/2112(INI)

Motion for a resolution
Paragraph 13
13. Underlines the importance of taking precautionary approach to Arctic fisheries, at all stages, and encourages the adoption of a sustainable, science-based approach; is concerned by the inability of Arctic coastal states to agree on how to divide quotas on transboundary fish stocks and and expresses its support for existing regional fisheries management organisations;
2021/05/11
Committee: AFET
Amendment 295 #

2020/2112(INI)

Motion for a resolution
Paragraph 14
14. Is concerned by the persistent but different intentions of the Russian Federation and China to pursue far- reaching and highly impactful exploitation projects without appropriate assessment of their environmental impacts;
2021/05/11
Committee: AFET
Amendment 320 #

2020/2112(INI)

Motion for a resolution
Paragraph 16
16. States that the exploitation of the Arctic’s resources should benefit local inhabitants; advocates, in this regard, for a stronger link between businesses operating in the Arctic and local communities to create economic and research opportunities, jobs and sustainable development of resources and supports the implementation of standards such as the Arctic Investment Protocol and the UN Global Compact Initiative;
2021/05/11
Committee: AFET
Amendment 323 #

2020/2112(INI)

Motion for a resolution
Paragraph 16 a (new)
16a. Calls for a strengthening of the funding of programs such as “north2north” and other mobility programs especially directed at young people living in the Arctic;
2021/05/11
Committee: AFET
Amendment 337 #

2020/2112(INI)

Motion for a resolution
Paragraph 17 a (new)
17a. Notes with grave concern that the accelerating impacts of global climate change are particularly pronounced in the Arctic, that the region is warming at a rate three times of the global average and that dramatic changes in ice conditions, sea levels and air temperatures are taking place, which are caused by global climate change, predominantly due to activities outside the Arctic, resulting in rapid social, environmental, and economic impacts, that effects not only the region but is felt worldwide. Underlines that the people of the Arctic are dramatically experiencing the effects of climate change, and need support and resources to adapt to these profound changes;
2021/05/11
Committee: AFET
Amendment 341 #

2020/2112(INI)

Motion for a resolution
Paragraph 17 b (new)
17b. Urges the EU to take a leading role in the work to forge an ambitious climate action plan for the Arctic, addressing global emission mitigation of greenhouse gases and adaption to climate change while supporting innovative solutions relevant to the Arctic;
2021/05/11
Committee: AFET
Amendment 355 #

2020/2112(INI)

Motion for a resolution
Paragraph 18
18. Welcomes the updating of the EU’s Arctic policy, which should also reflect new security realities; is of the opinion that the EU should engage with stakeholders which have a vested interest in promoting regional stability and prosperity; Notes that the EU should also aim to participate in other political forums linked to Arctic development;
2021/05/11
Committee: AFET
Amendment 374 #

2020/2112(INI)

Motion for a resolution
Paragraph 20 a (new)
20a. Is of the opinion that the role of the Parliament should be strengthened in the EU’s Arctic policy formulation, by organising debates on Arctic Policy in the plenary and through the establishment of a specifically designated Inter- parliamentary Delegation, with special responsibility for the Arctic cooperation;
2021/05/11
Committee: AFET
Amendment 376 #

2020/2112(INI)

Motion for a resolution
Paragraph 20 b (new)
20b. Stresses the need for the EU to engage with all Arctic partners in policy dialogue, and calls for intensified cooperation between the EU, the Arctic Council in the framework of the Northern Dimension, the Barents Euro-Arctic Council and other bodies involved in cooperation in the High North; underlines the important role of observers in the Arctic Council with great experience and long-time engagement in scientific and political cooperation in the Arctic; welcomes, in this regard, the ongoing dialogue between the observers and the Arctic Council Presidency;
2021/05/11
Committee: AFET
Amendment 378 #

2020/2112(INI)

Motion for a resolution
Paragraph 20 c (new)
20c. Notes that the Barents Euro-Arctic Council has played an important role in building trust and mutual understanding in the North while enhancing cooperation between the Arctic countries; acknowledges that the Northern Dimension policy with its partnerships and the Barents Euro-Arctic Council with its activities can support the implementation of the goals of EU´s enhanced Arctic strategy and vice versa;
2021/05/11
Committee: AFET
Amendment 393 #

2020/2112(INI)

Motion for a resolution
Paragraph 23
23. Calls for the aims of the new Arctic Strategy to be reflected in the EU’s programmes, projects, finances and relevant legislation, as well as in the work of the relevant EU agencies; Stresses that Arctic development should also regularly be addressed at the Political and Security Committee and during Council meetings;
2021/05/11
Committee: AFET
Amendment 399 #

2020/2112(INI)

Motion for a resolution
Paragraph 23 a (new)
23a. Urges the Commission to establish a specific working group covering Northern Europe and the Arctic in a comprehensive manner; notes that the EU’s internal coordination on Arctic matters should be strengthened both in the Commission working group level and between the relevant EU agencies; encourages the Commission to entrust a coordinating role for Arctic policies to one Commissioner to avoid duplication of competences;
2021/05/11
Committee: AFET
Amendment 12 #

2020/2111(INI)

Motion for a resolution
Citation 5 a (new)
— having regard the Commission guidelines to protect critical European assets and technology in current crisis of 25 March 2020;
2020/10/01
Committee: AFET
Amendment 20 #

2020/2111(INI)

Motion for a resolution
Citation 9 a (new)
— having regard to its resolution of 11 December 2018 with recommendations to the Commission on Humanitarian Visas (2018/2271 (INL));
2020/10/01
Committee: AFET
Amendment 21 #

2020/2111(INI)

Motion for a resolution
Citation 10 a (new)
— having regard to the European Council, ‘Conclusions of the President of the European Council following the video conference of the members of the European Council’, 23 April 2020,
2020/10/01
Committee: AFET
Amendment 22 #

2020/2111(INI)

Motion for a resolution
Citation 10 b (new)
— having regard to the Council of Europe Convention of 2011 on preventing and combating violence against women and domestic violence (Istanbul Convention);
2020/10/01
Committee: AFET
Amendment 23 #

2020/2111(INI)

Motion for a resolution
Citation 11 a (new)
— having regard to the EU guidelines of 8 December 2008 on violence against women and girls and combating all forms of discrimination against them,
2020/10/01
Committee: AFET
Amendment 24 #

2020/2111(INI)

Motion for a resolution
Citation 11 b (new)
— having regard to the Venice Commission Code of Good Practice in Electoral Matters;
2020/10/01
Committee: AFET
Amendment 57 #

2020/2111(INI)

Motion for a resolution
Recital B a (new)
Ba. whereas the global economic decline has had a particularly severe impact on the most vulnerable economies, which rely heavily on commodity exports, external support, tourism and in a longer consequence on foreign policies;
2020/10/01
Committee: AFET
Amendment 64 #

2020/2111(INI)

Motion for a resolution
Recital B b (new)
Bb. whereas the crisis has shown the importance of boosting investment in public services and particularly in health care and social protection, especially the need fora higher degree of self-sufficiency in crucial healthcare and protective equipment; whereas the COVID-19 outbreak has exacerbated the persistent problem of medicine shortages globally, with acute consequences in developing countries;
2020/10/01
Committee: AFET
Amendment 68 #

2020/2111(INI)

Motion for a resolution
Recital B c (new)
Bc. whereas women around the world in violent relationships were forced to be at home, exposed to their abuser for longer periods of time; while domestic violence helplines and shelters across the world are reporting rising calls for help, in a number of countries, domestic violence reports and emergency calls have surged upwards of 25% since social distancing measures were enacted;;
2020/10/01
Committee: AFET
Amendment 71 #

2020/2111(INI)

Motion for a resolution
Recital B d (new)
Bd. whereas narratives stressing geography rather than medical terminology to refer to COVID-19 are stigmatizing, and encourage racist or xenophobic attitudes, including against persons and groups who are forcibly displaced and state less who may be at greater risk during the pandemic;
2020/10/01
Committee: AFET
Amendment 76 #

2020/2111(INI)

Motion for a resolution
Paragraph 1
1. Affirms that the global outbreak of the COVID-19 pandemic is a game changer in the international environment and a catalyst of change in the global order; stresses the fundamental importance of strengthening the EU internal resilience for an effective global projection of its multilateralist vision, in line with its values and long-term objectives as enshrined in its Global Strategy;
2020/10/01
Committee: AFET
Amendment 82 #

2020/2111(INI)

Motion for a resolution
Paragraph 1 a (new)
1a. Calls on the third countries and the EU Member States to mitigate the social effects of the pandemic by revising their national social spending, and to adopt expansionary measures to protect and strengthen their healthcare systems;
2020/10/01
Committee: AFET
Amendment 103 #

2020/2111(INI)

Motion for a resolution
Paragraph 2 a (new)
2a. Is concerned about rallies protesting against coronavirus restrictions which are taking place in various cities around the world with demonstrators calling the virus a hoax (for example: Melbourne, London, Vancouver, Buenos Aires etc.), as well as, in some cities within the EU; Calls on the local authorities from third countries to launch a proper information and prevention campaign educating its citizens on COVID-19;
2020/10/01
Committee: AFET
Amendment 109 #

2020/2111(INI)

Motion for a resolution
Paragraph 2 b (new)
2b. Is concerned about the growing number of domestic violence against women cases during the pandemic; calls on the remaining CoE countries to ratify the Istanbul Convention and incorporate its provisions in the domestic law systems as soon as possible, in order to prevent further increase of cases;
2020/10/01
Committee: AFET
Amendment 110 #

2020/2111(INI)

Motion for a resolution
Paragraph 2 c (new)
2c. Condemns the abuse by many authoritarian regimes of the measures introduced to fight the COVID-19 in order to consolidate power, further undermine human rights, crack down on opposition and civil society, incite hatred campaigns against minority groups, introduce further measures to curtain their citizens´ rights and freedoms and seek geopolitical advantage abroad;
2020/10/01
Committee: AFET
Amendment 118 #

2020/2111(INI)

Motion for a resolution
Paragraph 3 a (new)
3a. Highlights the core aims of the EU, among others, human rights promotion and environmental protection; Calls on the Commission to ensure that the consequences of the COVID-19 do not undermine the implementation of commitments on human rights, environment and climate change already established in the EU Action Plan on Human Rights and Democracy 2020- 2024;
2020/10/01
Committee: AFET
Amendment 123 #

2020/2111(INI)

Motion for a resolution
Paragraph 3 b (new)
3b. Regrets the fact that consequences of the outbreak of the COVID-19 pandemic disproportionately affect the poorest and persons in the most disadvantaged, marginalised and unprotected social categories, including persons with physical and intellectual disabilities and persons with chronic medical conditions, who already have limited or no access to basic hygiene and treatment for their healthcare needs, and have become even more vulnerable due to the pandemic; whereas the lockdown has had a particularly severe impact on persons with physical and intellectual disabilities; Calls on the third country authorities to ensure sufficient social help to the most venerable;
2020/10/01
Committee: AFET
Amendment 127 #

2020/2111(INI)

Motion for a resolution
Paragraph 3 c (new)
3c. Acknowledges the situation of minorities due to the outbreak of the COVID-19 pandemic long-standing systemic health and social inequities have put many people from racial and ethnic minority groups at increased risk of getting sick and dying from COVID-19;
2020/10/01
Committee: AFET
Amendment 129 #

2020/2111(INI)

Motion for a resolution
Paragraph 3 d (new)
3d. Condemns all forms of exclusion and discrimination against those infected with COVID-19;
2020/10/01
Committee: AFET
Amendment 130 #

2020/2111(INI)

Motion for a resolution
Paragraph 3 e (new)
3e. Notes that refugees and displaced persons are more vulnerable to the consequences of the crisis, as they are often faced with more precarious living conditions and tend to face greater obstacles in accessing basic health services than local populations; calls, therefore, on authorities of third countries and EU countries to enhance health care access and provide targeted support to refugees and displaced populations, in particular women and children;
2020/10/01
Committee: AFET
Amendment 147 #

2020/2111(INI)

Motion for a resolution
Paragraph 4 a (new)
4a. Acknowledges that the pandemic negatively affected global trade mostly by delays in production, as well as the collapse of air traffic - calls on the Member States to uphold the most vital supply channels for the Union as well as to seek for a new perception of supply chains and critical goods;
2020/10/01
Committee: AFET
Amendment 176 #

2020/2111(INI)

Motion for a resolution
Paragraph 5 a (new)
5a. Condemns the introduction, with the excuse of COVID-19, of travel restrictions from the EU Schengen area to the United States without previous consultations with the EU; considers this to be another unfriendly gesture of the Trump administration undermining the trans-Atlantic cooperation.
2020/10/01
Committee: AFET
Amendment 179 #

2020/2111(INI)

Motion for a resolution
Paragraph 5 b (new)
5b. Encourages the authorities to incorporate good practices from the Venice Commission Code of Good Practice in Electoral Matters, which also contains the guidelines for organising the elections during the pandemic period;
2020/10/01
Committee: AFET
Amendment 196 #

2020/2111(INI)

Motion for a resolution
Paragraph 6
6. Is worried aboutCondemns the decision of the US to withdraw funding from the World Health Organization (WHO) and the general tendency of its President to withdraw the US from the multilateral organisations that were created to establish a rules-based world order;
2020/10/01
Committee: AFET
Amendment 198 #

2020/2111(INI)

Motion for a resolution
Paragraph 6 a (new)
6a. Notes the catastrophic mismanagement of the pandemic by the Trump administration that led to over 250,000 deaths in the United States; notes that this compounds other problems, such as growing unemployment rate, contraction of GDP by 9.5 % and racial- based protests around the country; calls on the authorities to handle the situation in a non-discriminatory way and refrain from using military forces against protestors;
2020/10/01
Committee: AFET
Amendment 225 #

2020/2111(INI)

Motion for a resolution
Paragraph 8
8. Notes the strengthening of the People’s Republic of China’s worldwide diplomatic efforts following the COVID- 19 outbreak, seeking to position itself as the dominant global player; is therefore concerned about the possible shift of power in the global politics related to change of China’s leadership;
2020/10/01
Committee: AFET
Amendment 251 #

2020/2111(INI)

Motion for a resolution
Paragraph 10
10. Is concerned about the lack of transparency related to the Chinese reaction to the global outbreak, involving the withholding of information, its poor communication with the World Health Organisation censorship, the suppression of whistle-blowers and human rights activists, and the projection of power in the region;
2020/10/01
Committee: AFET
Amendment 258 #

2020/2111(INI)

Motion for a resolution
Paragraph 10 a (new)
10a. Is concerned about the disinformation campaigns launched by Chinese officials in March 2020 campaigns diverting attention from China in relation with COVID-19; therefore welcomes the Commission guidelines on the screening of foreign direct investment;
2020/10/01
Committee: AFET
Amendment 291 #

2020/2111(INI)

Motion for a resolution
Paragraph 13
13. Calls on the VP/HR to recognise these concerns and simultaneously create an atmosphere of dialogue, engagement and genuine cooperation, (especially regarding the medical supply chains) based on a new, more assertive strategy in which the EU pushes back when necessary to defend European values; is of the view that, as part of this new strategy, the EU should seek closer collaboration with countries in the region and other democracies;
2020/10/01
Committee: AFET
Amendment 326 #

2020/2111(INI)

Motion for a resolution
Paragraph 14 a (new)
14a. Is concerned about the Constitutional Referendum which took place in Russia allowing Putin to stay in power until 2036 and possible manipulations during the voting due to COVID-19 measures;
2020/10/01
Committee: AFET
Amendment 332 #
2020/10/01
Committee: AFET
Amendment 333 #

2020/2111(INI)

Motion for a resolution
Paragraph 14 b (new)
14b. Is concerned about the latest political situation in Belarus which has an indirect connection with COVID-19 pandemic; Condemns Alexander Lukashenko narrative that has only worsen the pandemic situation in the country by dismiss missing the threat of COVID-19; Calls on the authorities to recognise the virus as a global threat to public health and therefore launch a proper plan to prevent the spread of the virus among the country and to strengthen the healthcare system and provide Belarusian citizens with all relevant and life-saving information about the pandemic in a transparent and inclusive manner;
2020/10/01
Committee: AFET
Amendment 335 #

2020/2111(INI)

Motion for a resolution
Paragraph 14 d (new)
14d. Welcomes the EU fast reaction and response to the urgent needs of countries in the Eastern Partnership during the COVID-19pandemic mobilising an ambitious support package totalling over 980 million EUR to help tackle the immediate health needs; Reiterates, that a tailor-made COVID-19 response package for Belarus worth over 60mln EUR is being mobilised; nonetheless, calls on the Commission to mobilise even greater resources to support civil society and victims of repression in Belarus.
2020/10/01
Committee: AFET
Amendment 336 #
2020/10/01
Committee: AFET
Amendment 337 #

2020/2111(INI)

Motion for a resolution
Paragraph 14 e (new)
14e. Calls on the President Jair Bolsonaro, to stop the fake narrative about the virus and admit its treat to the public health;
2020/10/01
Committee: AFET
Amendment 338 #
2020/10/01
Committee: AFET
Amendment 339 #

2020/2111(INI)

Motion for a resolution
Paragraph 14 f (new)
14f. Stresses how the pandemic is severely impacting the fragile economies of countries in the Middle East, possibly triggering more instability in an already volatile region; calls for continued EU’s support and funding to improve access to healthcare and alleviate the effects of the pandemic, particularly on vulnerable populations and refugees;
2020/10/01
Committee: AFET
Amendment 340 #
2020/10/01
Committee: AFET
Amendment 341 #

2020/2111(INI)

Motion for a resolution
Paragraph 14 g (new)
14g. Condemns the Egyptian authorities for abusing the restrictions introduced to fight COVID-19 only to widen their crackdown on opposition, civil society and human rights defenders and further increase control over the population.
2020/10/01
Committee: AFET
Amendment 344 #

2020/2111(INI)

Motion for a resolution
Paragraph 15
15. Recognises the global security, socio-economic and political risks that could be caused by the consequences of the COVID-19 pandemic, and is worried about the fact that the EU’s main international counterparts were prepared to use the crisis to unravel the rules-based world order underpinned by multilateral organisations; Underlines that the disinformation conducted by some foreign countries are aimed at undermining the trust to the processes within the EU; Highlights the importance of the flagship project of the European External Action Service’s East StratCom Task Force - EU vs. Disinfo in the fight with disinformation, propaganda and foreign influence on our geopolitical scene; Calls on the appropriate funding for this body during and after the pandemic.
2020/10/01
Committee: AFET
Amendment 362 #

2020/2111(INI)

Motion for a resolution
Paragraph 16
16. Stresses that the multilateral rules- based world order is vital for global peace, the rule of law and democracy; believes that a geopolitical EU must play a firmer role in defending it and seek ways to de- escalate tensions between powers; Calls on the Vice-President of the Commission / High Representative of the Union for Foreign Affairs and Security Policy (VP/HR) to draft the “EU road map on multilateralism” which will be a comprehensive plan for the Union to maintain multilateral relations;
2020/10/01
Committee: AFET
Amendment 452 #

2020/2111(INI)

Motion for a resolution
Paragraph 20
20. Calls for the expansion and modernisation of EU strategic communication strategies, based on the promotion of facts about the EU responses and scientific evidence, so that EU action is sufficiently visible both within and beyond the EU; urges the European External Action Service (EEAS) to further strengthen its capacities to proactively counter disinformation, including the creation of a dedicated far- East Strat Com Task Force focused on the disinformation emanating from China, and imposing costs on countries that deliberately spread disinformation to divide and harm the EU and its Member States;
2020/10/01
Committee: AFET
Amendment 459 #

2020/2111(INI)

Motion for a resolution
Paragraph 20 a (new)
20a. Calls on the EU to support civil society actors and human rights defenders in 3rd countries; Calls on the Commission to come up with a new legislative proposal on Humanitarian Visas; According to its resolution of 11 December 2018 with recommendations to the Commission on Humanitarian Visas it was supposed to be delivered by the end of March 2019;
2020/10/01
Committee: AFET
Amendment 581 #

2020/2111(INI)

Motion for a resolution
Paragraph 27
27. Is of the opinion that the COVID- 19 crisis has highlighted certain weaknesses of our Union and has shown the urgent need for an effective and efficient Union; believes that the Conference on the Future of Europe will provide a good platform to move forward in constructing more efficient decision making in EU external policies; is therefore determined to start the Conference as soon as possible; Welcomes therefore the President Charles Michel conclusion that ‘it is of utmost importance to increase the strategic autonomy of the Union’;
2020/10/01
Committee: AFET
Amendment 19 #

2020/2077(INI)

Draft opinion
Paragraph 1
1. Considers that placing sustainable products on the internal market should be the norm and calls for a horizontal Sustainable Product Framework Directive setting mandatory minimum requirements for durability, interoperability, reparability, upgradability, reusability and recyclability and addressing the presence of hazardous chemicals, for all products alongside further product- specific requirements;
2020/09/10
Committee: IMCO
Amendment 28 #

2020/2077(INI)

Draft opinion
Paragraph 2
2. Stresses that standardisation is key to implementing a sustainable product policy by providing reliable definitions, metrics and tests for characteristics such as durability and reparability, and in setting minimum product design market requirements; insists that standards be developed in a timely manner and in line with real-use conditions; highlights the need to reform the standardisation process to ensure more inclusive and transparent participation of all relevant stakeholders and to consistently mainstream sustainability in standard- setting;
2020/09/10
Committee: IMCO
Amendment 47 #

2020/2077(INI)

Draft opinion
Paragraph 3
3. Welcomes the Commission’s intention to empower consumers to further engage in sustainable consumption practices; calls for clear and easily understandable mandatory labelling on product durability and reparability, and 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 by adding to the list in the Annex I to the Directive 2005/29/EC;
2020/09/10
Committee: IMCO
Amendment 53 #

2020/2077(INI)

Draft opinion
Paragraph 3 a (new)
3a. Calls on the Commission to encourage and raise awareness of new sustainable business models based on changing behaviours to renting and sharing goods and services, while guaranteeing a high level of consumer and worker protection;
2020/09/10
Committee: IMCO
Amendment 55 #

2020/2077(INI)

Draft opinion
Paragraph 3 b (new)
3b. Insists on the establishment of a universal charging system in order to reduce production volumes and electronic waste;
2020/09/10
Committee: IMCO
Amendment 59 #

2020/2077(INI)

Draft opinion
Paragraph 4
4. Supports the establishment of an EU-wide ‘right to repair’; calls, in this context, for measures to provide unrestricted and free access to repair and maintenance information and to spare parts to all market participants, calls for ensuring that the price of spare parts is reasonable in relation to the price of the whole product and that spare parts are priced the same way for independent and authorised repairers as well as for the consumers; to define a mandatory minimum period of time for the availability of spare parts and/or updates, a maximum time-limit for their delivery, and for repair to be given priorityencouraged under the legal guarantee regime; calls for establishing an obligation to provide consumers with a replacement good, if the repair takes longer than 30 days or if it concerns an essential good;
2020/09/10
Committee: IMCO
Amendment 69 #

2020/2077(INI)

Draft opinion
Paragraph 4 a (new)
4a. Calls for introducing usage meters on categories of goods to improve consumer information and facilitate reuse;
2020/09/10
Committee: IMCO
Amendment 89 #

2020/2077(INI)

Draft opinion
Paragraph 6 a (new)
6a. Calls for reinforcing the possibility of recourse for consumers and environmental organisations in the event of a breach of information obligations under Directive 2005/29/EC in order to better implement market surveillance mechanisms;
2020/09/10
Committee: IMCO
Amendment 92 #

2020/2077(INI)

Draft opinion
Paragraph 6 b (new)
6b. Proposes the development of clear guidelines and standards for green claims and commitments that translate into ecolabels; looks forward to the planned legislative proposal on substantiating green claims; considers that by providing the consumers with transparency and guidance through accurate and accountable information and ecolabeling, consumers will have increased trust in products and markets, which will ultimately lead to sustainable consumption;
2020/09/10
Committee: IMCO
Amendment 103 #

2020/2077(INI)

Draft opinion
Paragraph 7
7. Calls for a revision of EU public procurement legislationStresses the potential of green and social public procurement in the transition to a sustainable economy; welcomes in this respect the commitments of the Commission to propose further legislation and guidance introducing mandatory minimum targets, through defining a certain percentage for procurement based on environmental, social and ethical criteria, and introducing a hierarchy of award criteria, together with sector-specific targets. , as well as supporting reusable, refurbished and remanufactured products;
2020/09/10
Committee: IMCO
Amendment 108 #

2020/2077(INI)

Draft opinion
Paragraph 7 a (new)
7a. Calls on the Member States to swiftly adopt the principles for a definitive VAT regime, including the proposal for a modernised VAT rate regime, that would allow to lower VAT rates on recycled, reused or refurbished goods and on repair services to make it convenient and financially attractive to consumers, calls on the Member States to consider such measures once the new regime is adopted;
2020/09/10
Committee: IMCO
Amendment 113 #

2020/2077(INI)

Draft opinion
Paragraph 7 b (new)
7b. Calls for the Commission and national authorities to assist and support financially local and regional authorities, companies, SMEs, micro-enterprises as well as self-employed, and associations in conducting consumer awareness campaigns on extending the lifespans of products, in particular by providing reliable and clear information, advice and services of maintenance, repair, re-use, etc.;
2020/09/10
Committee: IMCO
Amendment 116 #

2020/2077(INI)

Draft opinion
Paragraph 7 c (new)
7c. Calls for a ban on the destruction of unsold goods in working order so that they can be reused instead, and for specific targets to be set for reuse; emphasises that priority in accessing waste yards should be given to new sustainable business models;
2020/09/10
Committee: IMCO
Amendment 6 #

2020/2076(INI)

Draft opinion
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 and the new missions of the Von Der Leyen Commission: to return economies across the EU to growth and to strengthen all economies, both north and south and east and west, to the benefit of citizens and businessesCommission: namely that digital and environmental transitions should be at the very core of all Unions strategies until 2050; in this context calls on the Commission to define a comprehensive industrial strategy which also guarantees the Union’s strategic autonomy;
2020/06/10
Committee: IMCO
Amendment 16 #

2020/2076(INI)

Draft opinion
Paragraph 2
2. Calls for the Commission to undertake, together with Members States, a comprehensive and cross-sectoral analysis of the economies within the EU, in order to understand the depth of impacts felt by the COVID-19 pandemic and to assess the entity of disruptions in cross-border value-chains; considers this an essential evidence base in order for the Commission to issue updated recommendations and determine the key policies that will act to strengthen the collective long-term recovery within the Single Market;
2020/06/10
Committee: IMCO
Amendment 18 #

2020/2076(INI)

Draft opinion
Paragraph 2
2. Calls for the Commission to undertake, together with Members States, a comprehensive and cross-sectoral analysis of the economies within the EU, in order to understand the depth ofspecifics of the impacts feltcaused by the COVID-19 pandemic; considers this an essential evidence base in order for the Commission to issue updated recommendations and determine the key policies that will act to strengthen the collective long-term recovery within the Single Market;
2020/06/10
Committee: IMCO
Amendment 21 #

2020/2076(INI)

Draft opinion
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,sustainable and fair recovery, the digital and green transitions, the citizens' welfare and consumer rights as well as the needs of businesses, including SMEs, micro enterprises and start-ups so as to underline the common commitment to rebuildingstrengthening the resilience of the Single Market and delivering benefits for all Member States and their citizens;
2020/06/10
Committee: IMCO
Amendment 41 #

2020/2076(INI)

Draft opinion
Paragraph 4
4. Stresses that EU industrial competitiveness relies on a fully functioning Single Market in Services; underlines that the Commission must consider how to address barriers to cross- border services – including barriers to cross-border employment – as part of any revised set of priorities;
2020/06/10
Committee: IMCO
Amendment 44 #

2020/2076(INI)

Draft opinion
Paragraph 4 a (new)
4 a. Highlights that digitalisation of traditional industries affects supply chains, manufacturing and services models, which could lead to job creation in new industries, but could also disrupt current jobs and lead to precarious working conditions as more and more tasks traditionally performed by humans are either automated or off-shored, or both; calls on the Commission to put in place social flanking measures to benefit the whole society, to protect workers’ rights, their social security benefits and to prevent digital exploitation;
2020/06/10
Committee: IMCO
Amendment 46 #

2020/2076(INI)

Draft opinion
Paragraph 5
5. Underlines the importance of sustainability, which is central to plans tothat Europe becomes a global role model of sustainability, and that this has to be in the main focus when developing European industry; 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; stresses that the revised Industrial Strategy needs to generate social-ecological progress and, beside promoting the reduction of unnecessary consumption, requires a fully circular economy in order to achieve climate-neutrality by 2050, to strengthen our economic competitiveness as well as to preserve our natural environment; underlines that a European circular economy model can only be useful if we have a common market to reuse prime and secondary raw materials;
2020/06/10
Committee: IMCO
Amendment 58 #

2020/2076(INI)

Draft opinion
Paragraph 6
6. Recognises that most parts of the public and private sector will encounter significant financial constraints in the coming years, impacting their ability to support a programme of investment, particularly with regard to the Green Deal objectivesbut also believes that the EU and the Member States must comply with the European Green Deal for making the EU’s economy sustainable; expresses concern about an unequal pace of development, particularly in less developed parts of the EU, where achieving transformation still demands far more significant actions; strongly calls on the Commission in its revised Industrial Strategy to adopt a model with flexibility and support, in order that no one is left behind;
2020/06/10
Committee: IMCO
Amendment 60 #

2020/2076(INI)

Draft opinion
Paragraph 6 a (new)
6 a. Calls on the Commission to propose adequate responses on further sectoral changes also in order to strengthen the Single Market; stresses the necessity to address potential societal reactions as well as to develop concepts and ideas that can be an answer to the challenges, such as workplaces that are to disappear or be replaced by robotics, or the taxation aspects of workplaces replaced by robotics;
2020/06/10
Committee: IMCO
Amendment 62 #

2020/2076(INI)

Draft opinion
Paragraph 6 b (new)
6 b. Considers the importance of the digitalisation of the EU’s industries; calls on the Commission to implement a single European digital and data market and to invest significantly in resilient, secure high speed networks available also in rural areas, in artificial intelligence, data economy, smart and 3D production;
2020/06/10
Committee: IMCO
Amendment 63 #

2020/2076(INI)

Draft opinion
Paragraph 6 c (new)
6 c. Believes that the EU should invest GDP proportionally to R&D at least as much as its global competitors, as currently most R&D investment is concentrated in the manufacturing sector, and due to the lack of necessary risk capital, R&D also suffers a serious lack of innovative capacity in SMEs;
2020/06/10
Committee: IMCO
Amendment 64 #

2020/2076(INI)

Draft opinion
Paragraph 6 d (new)
6 d. Acknowledges the contribution of standardisation to the European Single Market and its contribution to increase economic, societal and environmental welfare, including the health and safety of consumers and workers; stresses the need to develop, assess and use harmonised standards to enhance the competitiveness of European industry, to reduce costs, improve safety as well as increase productive and innovative efficiency;
2020/06/10
Committee: IMCO
Amendment 65 #

2020/2076(INI)

Draft opinion
Paragraph 7
7. Highlights the significant role public procurement plays in shaping the trajectory of European industryReiterates the necessity to complete the EU single market for services and the strategic use of public procurement to create a market for innovative and sustainable products, contributing to the creation of the right ecosystem for innovative and successful European companies to grow in a receptive market;
2020/06/10
Committee: IMCO
Amendment 71 #

2020/2076(INI)

Draft opinion
Paragraph 7 a (new)
7 a. Stresses that social and ecological criteria should be equated with economic ones in public tenders;
2020/06/10
Committee: IMCO
Amendment 72 #

2020/2076(INI)

Draft opinion
Paragraph 7 a (new)
7 a. Recognises the role that public investment can play in supporting sustainable growth, job creation and economic recovery, as the COVID19 crisis has shown;
2020/06/10
Committee: IMCO
Amendment 75 #

2020/2076(INI)

Draft opinion
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, cCalls 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 and also protect the interest of SMEs, micro enterprises and start-ups;
2020/06/10
Committee: IMCO
Amendment 82 #

2020/2076(INI)

Draft opinion
Paragraph 8 a (new)
8 a. Recalls that during the Covid-19 pandemic several sectors, such as the food or pharmaceutical sectors, and their supply chains have been massively disrupted, forcing producers and processors to identify new suppliers and find alternative market outlets; underlines that without introducing protectionist measures, the revised Industrial Strategy must drive the necessary changes in a fair and sustainable way in order to avoid future collapse of supply chains and production standstills based on relocations;
2020/06/10
Committee: IMCO
Amendment 87 #

2020/2076(INI)

Draft opinion
Paragraph 9
9. Emphasises that the Industrial Strategy should support free, fair and sustainable 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;
2020/06/10
Committee: IMCO
Amendment 88 #

2020/2076(INI)

Draft opinion
Paragraph 9
9. Emphasises that the Industrial Strategy should support free and fair 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;
2020/06/10
Committee: IMCO
Amendment 99 #

2020/2076(INI)

Draft opinion
Paragraph 10
10. Recalls that the automotive sector isseveral sectors - including, among others, the automotive, aviation, mechanical engineering, logistics, food, pharmaceuticals and medical devices sectors - are touched by many of the transformations expected in the future economy and has been deeply affected by the impact of the COVID-19 pandemic; considers that the revised Industrial Strategy should foresee particular actions for thisese sectors, including inevitable demands for further greening and sustainability with appropriate financial supportincentives.
2020/06/10
Committee: IMCO
Amendment 107 #

2020/2076(INI)

Draft opinion
Paragraph 10 a (new)
10 a. Stresses that the Covid-19 crisis showed the dependence of the European Union and its Member States on non- European countries when it comes to pharmaceutical and medical production; highlights that it will be of utmost importance to support EU manufacturers and producers in the field of medicines in order to promote the economic independence of third countries such as China and to guarantee European self- sufficiency in this important area.
2020/06/10
Committee: IMCO
Amendment 26 #

2020/2045(INI)

Motion for a resolution
Recital C
C. whereas Parliament issued overall positive opinions in 2020 on the requests to extend the EUTFs until the end of 2021, while expressing concerns about the lack of transparency over the implementation of projects, with specific regard to the ones related to border and migration management, and under the condition, in the case of the Africa Trust Fund, of providing mandatory guarantees on the respect of fundamental human rights in all funded projects;
2021/05/05
Committee: AFETDEVEBUDG
Amendment 29 #

2020/2045(INI)

Motion for a resolution
Recital C a (new)
C a. whereas there are serious concerns that the EUTFs could have contributed to inhumane and degrading treatment and financed actors that have committed human rights violations, such as in Libya, Ethiopia, Eritrea and Niger;
2021/05/05
Committee: AFETDEVEBUDG
Amendment 31 #

2020/2045(INI)

Motion for a resolution
Recital D
D. whereas the establishment of both the EUTFs and the Facility for refugees in Turkey (FRT) have been justified by the need for a flexible, ad hoc and swift reaction not possible under the classical institutional framework; and the limited resources and flexibility available in the EU budget; whereas the Lisbon Treaty reinforced the role of the European Parliament to bring more coherence and democratic accountability and whereas the extra-budgetary instruments such as the EUTFs, as well as extraordinary tools such as the FRT, pose challenges with respect to democratic accountability, including the role of the European Parliament and also the integrity and unity of the EU budget;
2021/05/05
Committee: AFETDEVEBUDG
Amendment 36 #

2020/2045(INI)

Motion for a resolution
Recital D a (new)
D a. whereas the 2016 migration crisis stemming from the Syrian conflict brought nearly 4 million refugees to Turkey, of which about 3.6 million are Syrian refugees and about 360 000 are registered refugees and asylum seekers from other countries, according to UNHCR data;
2021/05/05
Committee: AFETDEVEBUDG
Amendment 39 #

2020/2045(INI)

Motion for a resolution
Recital D b (new)
D b. whereas the new EU’s external financial framework (NDICI-Global Europe) should overcome the constraints that lead to the need to launch Trust Funds to response in a more flexible and rapid manner to specific crises;
2021/05/05
Committee: AFETDEVEBUDG
Amendment 40 #

2020/2045(INI)

Motion for a resolution
Recital D c (new)
D c. whereas the primary objective of the Union development cooperation policy is the reduction and, in the long term, the eradication of poverty as enshrined in Article 208 TFEU;
2021/05/05
Committee: AFETDEVEBUDG
Amendment 41 #

2020/2045(INI)

Motion for a resolution
Recital D d (new)
D d. whereas, according to the Financial Regulation, the EUTFs should be subject to an annual external and independent audit and the European Commission has the power to suspend the financing agreement if the third country breaches an obligation relating to respect for human rights, democratic principles and the rule of law and in serious cases of corruption;
2021/05/05
Committee: AFETDEVEBUDG
Amendment 42 #

2020/2045(INI)

Motion for a resolution
Recital D e (new)
D e. whereas since July 2017, almost €90m has been allocated through the EUTF for Africa to train, equip and support the capacity of the Libyan coastguard for the interception of migrants at sea and land borders and €49m has been allocated to address the conditions in which returnees are detained;
2021/05/05
Committee: AFETDEVEBUDG
Amendment 43 #

2020/2045(INI)

Motion for a resolution
Recital D f (new)
D f. whereas the European Consensus on Development remains the doctrinal framework for EU development policy, and the European Consensus on Humanitarian Aid reaffirms the fundamental principles of humanitarian aid;
2021/05/05
Committee: AFETDEVEBUDG
Amendment 44 #

2020/2045(INI)

Motion for a resolution
Recital D g (new)
D g. whereas the EU and its partners in the humanitarian field must be able to ensure assistance and protection based on needs and on respect for the principles of neutrality, impartiality, humanity and independence of humanitarian action, as enshrined in international law and in particular in international humanitarian law;
2021/05/05
Committee: AFETDEVEBUDG
Amendment 45 #

2020/2045(INI)

Motion for a resolution
Recital E
E. whereas Parliament, while acknowledging their value-added, has repeatedly voiced the need for enhanced parliamentary scrutiny of the EUTFs and the FRT and for stronger involvement in the preparation and negotiation of future EUTFs and of the extension of existing EUTFs and other financial instruments in the domain of EU external action; whereas, following the adoption of the 2021-27 MFF and the inclusion of the European Development Fund in the EU budget, Parliament’s demands have gained further relevance and legitimacy, taking into account that the biggest share of contributions to the EUTFs are now coming from the EU budget itself, while contributions from Member States represent a very limited share of the total EUTFs’ budget;
2021/05/05
Committee: AFETDEVEBUDG
Amendment 52 #

2020/2045(INI)

Motion for a resolution
Paragraph 1 a (new)
1 a. Points out that pooling resources from the EDF, the Union budget and other donors in trust funds should not alter the ability of existing EU policies and programmes to pursue their original objectives, such as the eradication of poverty and the promotion of fundamental rights;
2021/05/05
Committee: AFETDEVEBUDG
Amendment 58 #

2020/2045(INI)

Motion for a resolution
Paragraph 2 a (new)
2 a. Welcomes the new EU external financing instrument, NDICI-Global Europe, as it foresees increasing possibilities within the EU budget to respond to new emergencies;
2021/05/05
Committee: AFETDEVEBUDG
Amendment 61 #

2020/2045(INI)

Motion for a resolution
Paragraph 3
3. Notes that Committee Chairs and relevant Members have been granted observer status in meetings of the Strategic Boards of the Trust Funds and in the FRT Steering Committee; notes further that this status has not been formally reflected in the Constitutive Agreements of the Trust Funds; regrets that its call to allow Parliament to monitor the activities of the Operational Committee has not been answered and recalls its request to ensure that the Parliament is represented at these meetings;
2021/05/05
Committee: AFETDEVEBUDG
Amendment 70 #

2020/2045(INI)

Motion for a resolution
Paragraph 4
4. Continues to expresses concerns overDeeply regrets the limited role of Parliament in the supervision and scrutiny of the Union contributions to the EUTFs; recalls Parliament’s requestconsiders that the Parliament should be able to monitor the activities of the Operational Committee, and calls on the Commission to provide in good time detailed information on the decisions taken in that Committee and to ensure that Parliament is represented at its meetings;
2021/05/05
Committee: AFETDEVEBUDG
Amendment 76 #

2020/2045(INI)

Motion for a resolution
Paragraph 5
5. Welcomes the Commission’s efforts to closely monitor and evaluate interventions, and to generate knowledge about the activities of the EUTFs and of the FRT, through a dedicated set of reports; hails these efforts to achieve greater transparency by publishing relevant data on the web pages of the EUTFs and the FRT; considers, nevertheless, that the level of detail provided by the Commission with regard to projects related to migration and border management has not always been sufficient for the Parliament to adequately assess the implementation of these instruments;
2021/05/05
Committee: AFETDEVEBUDG
Amendment 79 #

2020/2045(INI)

Motion for a resolution
Paragraph 6
6. Regrets the late notice from the Commission on its intention to extend the duration of the EUTFs and the late evaluations of some of the Trust Funds, which did not allow Parliament to arrive at full and precise conclusions in a timely manner in the case of the Trust Fund for Africa;
2021/05/05
Committee: AFETDEVEBUDG
Amendment 81 #

2020/2045(INI)

Motion for a resolution
Paragraph 6 a (new)
6 a. Recalls that the Parliament considered that, in order to proceed with the extension of the EUTF for Africa and also looking at its future functioning, mandatory guarantees on the respect of fundamental human rights should be provided in all funded projects, with particular attention to migration management, where these have not always been fully respected;
2021/05/05
Committee: AFETDEVEBUDG
Amendment 83 #

2020/2045(INI)

Motion for a resolution
Paragraph 6 b (new)
6 b. Reiterates Parliament’s insistence that the extension of the EUTFs until December 2021 agreed by the European Parliament be mainly technical to allow for a smooth transition into the new MFF and allowing for an efficient contracting and use of the funds already committed;
2021/05/05
Committee: AFETDEVEBUDG
Amendment 87 #

2020/2045(INI)

7. Considers that the Bêkou Trust Fund has proven its value as an important toolcontributed to address the post- conflict situation in the Central African Republic (CAR); notes that the EUTF made a major contribution to the nexus approach of development and humanitarian needs in the CAR;
2021/05/05
Committee: AFETDEVEBUDG
Amendment 99 #

2020/2045(INI)

Motion for a resolution
Paragraph 9 a (new)
9 a. Expresses its concerns, as pointed out by the European Court of Auditors Special report no 11/20171a, about presence of conflicts of interests in the Operational Committee, where Members States are represented by their own national development agencies, which are also selected as projects implementers, leading to a conflict of interests in the project selection procedure of the Operational Committee; _________________ 1a https://www.eca.europa.eu/Lists/ECADoc uments/SR17_11/SR_BEKOU_EN.pdf p. 36
2021/05/05
Committee: AFETDEVEBUDG
Amendment 100 #

2020/2045(INI)

Motion for a resolution
Paragraph 9 b (new)
9 b. Considers that despite the intervention of the EU and other donors, the situation in the country remains unstable due to the emergence of new conflicts and severe food insecurity;
2021/05/05
Committee: AFETDEVEBUDG
Amendment 108 #

2020/2045(INI)

Motion for a resolution
Paragraph 12 a (new)
12 a. Stresses the importance of ensuring that humanitarian objectives and principles are met and respected in the implementation of actions under the Trust Fund; recalls that the Trust funds’ objectives should be aligned with those of the Union instruments from which they are funded and, therefore, projects funded under the Madad Trust Fund should promote and protect dignity, human rights and fundamental freedoms, promote social and economic inclusion, in particular of minorities and vulnerable groups such as persons with disabilities, refugees and displaced persons;
2021/05/05
Committee: AFETDEVEBUDG
Amendment 110 #

2020/2045(INI)

Motion for a resolution
Paragraph 12 b (new)
12 b. Recalls the vulnerability of the Palestine refugee communities in Syria and the region, and calls for continuous support and to their inclusion in EU’s humanitarian plans and responses around the Syria crisis;
2021/05/05
Committee: AFETDEVEBUDG
Amendment 114 #

2020/2045(INI)

Motion for a resolution
Paragraph 13
13. Considers that the Trust Fund for Africa represents an importantshould have represented, under the current circumstances, a tool to provide a swift, flexible and targeted response to emerging challenges and underlines that common, global challenges, such as migration and forced displacement, the impact of climate change and economic crises in the context of the ongoing COVID-19 pandemic, make this flexibility and rapidity more necessary than ever; stresses, however, that flexibility needs to be always combined with full transparency and accountability of the decision-making process and underlines that focusing priorities on stopping migration flows has led to dangerous perverse effects and a substantial shift away from the original objectives of reducing poverty and tackling the root causes of migration;
2021/05/05
Committee: AFETDEVEBUDG
Amendment 124 #

2020/2045(INI)

Motion for a resolution
Paragraph 14
14. Welcomes the fact that the EUTF for Africa has contributed toidentified the goal of the triple humanitarian-development-peace nexus approach, which was not possible with the EU financial instruments under the previous MFF; notes however that this nexus has often been contradicted and overcome by partnership agreements with actors allegedly responsible for violations of human rights, including training of armed forces and border guards and provision of equipment;
2021/05/05
Committee: AFETDEVEBUDG
Amendment 129 #

2020/2045(INI)

Motion for a resolution
Paragraph 15
15. Welcomes the generally strong degree of local ownership, the involvement of local authorities and civil society organisations (CSOs) in projects supported by the EUTF for Africa;deleted
2021/05/05
Committee: AFETDEVEBUDG
Amendment 132 #

2020/2045(INI)

Motion for a resolution
Paragraph 15 a (new)
15 a. Strongly condemns the lack of a proper involvement of local authorities and civil society organisations (CSOs) in project supported by EUTF for Africa. Regrets that information on the involvement of local civil society organisations are not openly available due to the low transparency of subcontracting levels;
2021/05/05
Committee: AFETDEVEBUDG
Amendment 139 #

2020/2045(INI)

Motion for a resolution
Paragraph 15 b (new)
15 b. Is deeply concerned that the need to address the root causes of migration, which includes prioritising development and anti-poverty policies, has often been overtaken by a short term perspective of migration management driven by domestic policy priorities. Considers that this could lead to dangerous perverse effects, including violation of human rights in the context of project implementation. Criticizes the nature of certain projects related to migration and border management, for which adequate information has not been provided to the Parliament and retains it essential to have more precise explanation about suspected human rights violations linked to the EUTF in Libya, Ethiopia and Niger;
2021/05/05
Committee: AFETDEVEBUDG
Amendment 140 #

2020/2045(INI)

Motion for a resolution
Paragraph 15 c (new)
15 c. Strongly underlines that funds from the European Development Fund (EDF) and Official Development Assistance (ODA) sources must be devoted to the economic, human and social development of the host country, with particular focus on the development challenges identified in the Trust Fund decision; recalls that funding of the EUTF must be implemented and evaluated on the basis of ODA criteria and that all expenses falling outside this requirement have to be funded from different sources that are pooled in the Trust Fund; stresses, in this regard, the importance of pooling resources from diverse and multiple sources and donors, and recalls that leveraging is one of the foremost reasons for the creation of this instrument devoted to such different and heterogeneous ends; condemns any use of EDF and ODA funds for migration management and control or any other actions without development objectives;
2021/05/05
Committee: AFETDEVEBUDG
Amendment 141 #

2020/2045(INI)

Motion for a resolution
Paragraph 15 d (new)
15 d. Deplores that in several projects, founded under the EUTF Africa, the reduction of migration flows, rather than poverty reduction, has been mentioned as an indicator of success. Stresses that there has been a dangerous shift in priorities away from development policies and considers that this shift risks producing imbalances between countries according to their role in managing migration and readmissions;
2021/05/05
Committee: AFETDEVEBUDG
Amendment 142 #

2020/2045(INI)

Motion for a resolution
Paragraph 15 e (new)
15 e. Notes that in some countries the approval of development projects has taken place in parallel with, and conditional upon, progress in negotiations on return and readmission agreements and strict management of migration flows; stresses that the use of development cooperation as an incentive for migration management undermines meaningful action to address the needs of people in developing countries, the rights of refugees and migrants, and thus also undermines a wide range of rights under the Sustainable Development Goals and moves away from the objectives of tackling inequality and exclusion, promoting democratic governance and human rights, and enhancing sustainable and inclusive development; rejects any kind of conditionality based on EU’s migration and border policies;
2021/05/05
Committee: AFETDEVEBUDG
Amendment 146 #

2020/2045(INI)

Motion for a resolution
Paragraph 16
16. Notes that the EUTF for Africa made a major contribution to strengthening resilience and implementing the humanitarian-development nexus in fragile contexts; notes further that it also fostered cooperation between different stakeholders, and allowed contributions from non-EU donors, which in the post- Brexit context have acquired particular importance, and increased the visibility of the issue of migration and forced displacement and the EU’s response to it; regrets at the same time that the monitoring of the implementation of this fund has not been adequate and requests to include S.M.A.R.T. (Specific, Measurable, Achievable, Realistic and Timely) objectives in the project long frames, as well as establish quantifiable targets for evaluating projects;
2021/05/05
Committee: AFETDEVEBUDG
Amendment 148 #

2020/2045(INI)

Motion for a resolution
Paragraph 16 a (new)
16 a. Denounces the continuing and impressive human rights violations taking place in Libya in the context of the integrated border management actions; underlines that the Libyan Coast Guard regularly continues to be responsible for serious violations of the human rights of migrants, including failure to respect the principle of non-refoulement; stresses that many of the people rescued or intercepted by the coastguard are returned to arbitrary detention in horrendous and shameful conditions in Libya; underlines that in the context of the Emergency Transit Mechanism there are serious concerns to facilitate the return of refugees to countries in which they are not safe, in violation of the 1951 Convention Relating to the Status of Refugees. Deplores that the EUTF for Africa funded such activities and calls the Commission to suspend this program until there is a real and objective assessment on respect for human rights;
2021/05/05
Committee: AFETDEVEBUDG
Amendment 151 #

2020/2045(INI)

Motion for a resolution
Paragraph 16 b (new)
16 b. Welcomes the proposal by the Commission to de-commit funds originating from the EUTF for Africa initially allocated to Eritrea, in particular for the procurement for road renovation that used forced labour;
2021/05/05
Committee: AFETDEVEBUDG
Amendment 159 #

2020/2045(INI)

Motion for a resolution
Paragraph 19 a (new)
19 a. Reminds that the EUTF for Colombia is established under the Development Cooperation Instrument, and must be aligned to the primary objective of the development policy of the European Union, which remains “the fight against poverty”; stresses furthermore that the respect for human rights, fundamental freedoms, the promotion of the rule of law, democratic principles, transparency, good governance, peace and stability and gender equality, are essential and part of the Constitutive Agreement establishing the EUTF;
2021/05/05
Committee: AFETDEVEBUDG
Amendment 176 #

2020/2045(INI)

Motion for a resolution
Paragraph 21 a (new)
21 a. Regrets the lack of a proper EU responsibility in managing the migration flows and the externalisation of migration management to Turkey; retains that FRT has been established despite the existence of serious concerns about the human rights situation of refugees in Turkey from the perspective of international asylum law; is aware about the role played by FRT in providing support to some 1.8 million of refugees through basic needs support, 668,900 refugee children with educational support, and millions of refugees with healthcare and protection services; expresses its support to Turkish civil society and recalls the laudable efforts played by international organisations in implementing these projects. Considers it important to continue to ensure adequate support for refugees, avoiding that the Turkish government is directly involved in the management and allocation of funds;
2021/05/05
Committee: AFETDEVEBUDG
Amendment 182 #

2020/2045(INI)

Motion for a resolution
Paragraph 21 b (new)
21 b. Expresses concerns regarding the degradation of human rights, democratic principles and the rule of law in Turkey and calls on the Commission to ensure that the objectives and the implementation of the FRT are consistent with the EU’s general principles, policies and objectives, including democracy, rule of law and human rights;
2021/05/05
Committee: AFETDEVEBUDG
Amendment 183 #

2020/2045(INI)

Motion for a resolution
Paragraph 21 c (new)
21 c. Deeply regrets that in several occasions the Turkish government used the flows of refugees and the situation of migrants at EU borders as a tool of political pressure against the EU; notes with concern that this tool of pressure used by Turkey posed at risks lives and health of migrants and most vulnerable persons;
2021/05/05
Committee: AFETDEVEBUDG
Amendment 184 #

2020/2045(INI)

Motion for a resolution
Paragraph 21 d (new)
21 d. Recalls the importance of a human, solidary and responsible approach towards the refugees and the migration flows; expresses serious concerns for several cases of expulsion and return of migrants and refugees; reminds that no EU funds should facilitate directly or indirectly any forced returns;
2021/05/05
Committee: AFETDEVEBUDG
Amendment 186 #

2020/2045(INI)

Motion for a resolution
Paragraph 22
22. Reiterates its request that Turkey respect the principle of non-refoulement, in particular on the Syrian border, and that it not use the flows of refugees against the EUExpresses its concern about the legal status of Syrian refugees in Turkey, stresses the urgency to ensure that the human rights of migrants and refugees as guaranteed by the 1951 Refugee Convention are fully respected and reiterates its request that Turkey respect the principle of non-refoulement, in particular on the Syrian border. Calls the Turkish authorities to lift Turkey’s geographical limitation to the 1951 Refugee Convention so that Syrians can be recognised as refugees;
2021/05/05
Committee: AFETDEVEBUDG
Amendment 202 #

2020/2045(INI)

Motion for a resolution
Paragraph 22 a (new)
22 a. Underlines the need to safeguard the humanitarian principles given the involvement of humanitarian aid in the FRT; considers that a strong role of Turkey therein challenges the purely needs-based character and the principles of neutrality, independence and impartiality;
2021/05/05
Committee: AFETDEVEBUDG
Amendment 206 #

2020/2045(INI)

Motion for a resolution
Paragraph 22 b (new)
22 b. Considers that a protracted presence of refugees in Turkey needs to build up a nexus between humanitarian assistance and a more developmental focus and help create livelihood opportunities for refugees to improve their self-reliance and social inclusion into their host communities;
2021/05/05
Committee: AFETDEVEBUDG
Amendment 207 #

2020/2045(INI)

Motion for a resolution
Paragraph 22 c (new)
22 c. Regrets that the EU-Turkey statement on refugees is a “de facto” readmission agreement concluded by the EU that has been presented as a statement in order to bypass the legal procedures on the conclusion of readmission agreements set in article79(3) TFEU and the obligation of obtaining prior consent of the EP as required by Article 218 (6)(a)(v) TFEU;
2021/05/05
Committee: AFETDEVEBUDG
Amendment 208 #

2020/2045(INI)

Motion for a resolution
Paragraph 22 d (new)
22 d. Notes that FRT supports only registered refugees, expresses its concerns that many refugees have been left without assistance since registration was made difficult in some provinces and cities;
2021/05/05
Committee: AFETDEVEBUDG
Amendment 209 #

2020/2045(INI)

Motion for a resolution
Paragraph 22 e (new)
22 e. Underlines that the European Court of Auditors Special report No 27/2018 expresses just a partial satisfaction with the efficiency of the humanitarian projects financed by the Facility since they did not consistently and comprehensively assess the reasonableness of the budgeted costs. The report also raises concern about the fact that is not possible to monitor all the humanitarian projects during the audit due to the Turkish authorities’ refusal to grant access to beneficiary data for some of the cash-assistance projects;
2021/05/05
Committee: AFETDEVEBUDG
Amendment 210 #

2020/2045(INI)

Motion for a resolution
Paragraph 22 f (new)
22 f. Requests therefore the Commission to improve monitoring and reporting, by demanding Turkish authorities to grant implementing partners of cash assistance full access to the data on eligible beneficiaries for the sake of accountability, as well as to set parameters to avoid double-funding for the sake of efficiency, as underlined by the European Court of Auditors Special report No 27/2018;
2021/05/05
Committee: AFETDEVEBUDG
Amendment 218 #

2020/2045(INI)

23. Underlines the necessity of better addressing the funding needs in situations of humanitarian and protracted crisis and with a view to the coordination and transition between humanitarian relief, reconstruction and development in a flexible and interconnected manner;
2021/05/05
Committee: AFETDEVEBUDG
Amendment 229 #

2020/2045(INI)

Motion for a resolution
Paragraph 24 a (new)
24 a. Underlines that any partnership agreement should ensure full protection of human lives, dignity and human rights; deplores that these minimum guarantees were not effectively respected and that migrants and refugees often face inhumane conditions of transfer and detention; calls on the Commission to ensure a transparent risk assessment, carried out by independent EU-bodies and experts on the impact of EU-funded projects on the human rights of migrants and refugees, as well as on the wider population in the country concerned; calls for the establishment of an effective and independent monitoring mechanisms to fully monitor and evaluate the final destination of these funds and protocols for action in the event of violations of fundamental rights;
2021/05/05
Committee: AFETDEVEBUDG
Amendment 234 #

2020/2045(INI)

Motion for a resolution
Paragraph 24 b (new)
24 b. Calls on the Commission to withhold or review the cooperation with third countries that do not fully respect fundamental rights, including suspending specific funding and projects which endanger or undermine human rights;
2021/05/05
Committee: AFETDEVEBUDG
Amendment 235 #

2020/2045(INI)

Motion for a resolution
Paragraph 24 c (new)
24 c. Reminds that a trust fund shall only be established and implemented when the existing financing instruments would not be sufficient to achieve policy objectives of the Union, when the Union trust fund would bring clear political visibility for the Union and managerial advantages as well as better control by the Union of risks and disbursements of the Union and other donors’ contributions, when the Union trust fund does not duplicate other existing funding channels or similar instruments without providing any additionality and when the objectives of the trust fund are aligned with the objectives of the Union instrument or budgetary item from which it is funded;
2021/05/05
Committee: AFETDEVEBUDG
Amendment 236 #

2020/2045(INI)

Motion for a resolution
Paragraph 24 d (new)
24 d. Insists that the contribution mechanism to any EUTF or ad hoc instrument should be prepared and negotiated with the full involvement of the European Parliament and the contribution from the Union budget should be clearly defined;
2021/05/05
Committee: AFETDEVEBUDG
Amendment 237 #

2020/2045(INI)

Motion for a resolution
Paragraph 24 e (new)
24 e. Underlines the need to increase the impact and visibility of EU external spending;
2021/05/05
Committee: AFETDEVEBUDG
Amendment 238 #

2020/2045(INI)

Motion for a resolution
Paragraph 24 f (new)
24 f. Calls on the Commission to make the best use of the lessons learnt with the existing EUTFs and the FRT to enhance the synergies and ensure coherence between the EU external funding instruments;
2021/05/05
Committee: AFETDEVEBUDG
Amendment 255 #

2020/2045(INI)

Motion for a resolution
Paragraph 27
27. Is confident that the NDICI-Global Europe will allow for increasedsufficient flexibility and responsiveness, allowing to evaluate, with to continue the activities of the existing Trust Funds and thereby safeguard the unhe full involvement of the Parliament, which activities of the existing Trust Funds should continue and which ones should be replaced and thereby safeguard the unity and democratic accountability of the Union budget;
2021/05/05
Committee: AFETDEVEBUDG
Amendment 267 #

2020/2045(INI)

Motion for a resolution
Paragraph 28 a (new)
28 a. Calls for more transparency and accountability and a better involvement of the Parliament in the Union trust funds, from the deliberations on the setting-up of any trust fund, the drawing up of the constitutive agreement and the mobilisation of the Union’s contribution, to the implementation, continuation and possible liquidation of any trust fund; calls for a revision of the relevant articles of the Financial Regulation in this respect;
2021/05/05
Committee: AFETDEVEBUDG
Amendment 272 #

2020/2045(INI)

Motion for a resolution
Paragraph 29 a (new)
29 a. Considers that partnerships and consequent allocations of resources should not be conditional on the cooperation with the EU’s demands regarding returns and readmission or border management; insists that the EU should work with its partners to develop a political environment of democratic accountability, with the participation of local communities in decision-making processes regarding the use of funds;
2021/05/05
Committee: AFETDEVEBUDG
Amendment 282 #

2020/2045(INI)

Motion for a resolution
Paragraph 31
31. Acknowledges that cooperation with representatives of local communities, including locallocal communities and stakeholders, including local government bodies, civil society organisations, NGOs, trade unions and religious leaders, in settings affected by conflict is crucial to foster reconciliation, dialogue and peace;
2021/05/05
Committee: AFETDEVEBUDG
Amendment 1 #

2020/2041(INI)

Draft opinion
Paragraph 1
1. Underlines that Europe and Africa are in close geographical proximity, have strong, historical and, cultural ties andand socio- economic ties, which are being brought ever closer by the increase in strade and shared challengestegic interests, such as climate change, sustainable development, and good governance, and that the prosperity of the two continents are intimately linked, which call for an holistic continental- African approach and result-oriented use of EU resourcfor increased coherence between EU policies and the use of the related resources, while at the same time respecting the independence and sovereignty of African countries;
2020/07/02
Committee: AFET
Amendment 11 #

2020/2041(INI)

Draft opinion
Paragraph 1 a (new)
1a. Reiterates the importance to respect human rights and fundamental freedoms and the principles of Article 21 of the Treaty on the Functioning of the European Union (TFEU); calls for the African Union, the European Union and their member states, for a more robust cooperation in the fields of the promotion and protection of human rights, and human rights defenders, and to deliver full political and financial support to their respective human rights mechanisms;
2020/07/02
Committee: AFET
Amendment 15 #

2020/2041(INI)

Draft opinion
Paragraph 1 b (new)
1b. Underlines that it is important to step up synergies and coherence between all the legal and political frameworks on which EU-Africa relations are based on in order to make the partnership more effective and sustainable; welcomes the proposal for a pan-African programme in the context of the new Neighbourhood, Development and International Cooperation Instrument (NDICI) aimed at addressing the challenges of the African continent as a whole;
2020/07/02
Committee: AFET
Amendment 20 #

2020/2041(INI)

Draft opinion
Paragraph 2
2. Underlines that the process of sustainable development on the African continent is of key importance for the prosperity, stability and human security of both the EU and Africa; in this context recalls that the achievement of Sustainable Development Goals (SDGs) and the respect of human rights have to remain the main objectives of EU-African relations;
2020/07/02
Committee: AFET
Amendment 57 #

2020/2041(INI)

Draft opinion
Paragraph 4
4. Notes that Africa is still undergomaking steps forward ing the process of integration at regional, continental and international level and that as yet 54 African; therefore stresses the need for a countries remain divided and diversified in areas of key strategic importance to the EU, such as meeting internationally recognised standardinent-to-continent partnership between the European Union and the African Union; stresses that the partnership should be based on common interests and praobjecticves in trade, human rights, sustainable development and positioning in international organisations; ; recalls that developing this EU-AU partnership would enable further regionalisation and should be considered as an option for ACP relations post-Cotonou;
2020/07/02
Committee: AFET
Amendment 77 #

2020/2041(INI)

Draft opinion
Paragraph 5
5. Welcomes the joint communication from the Commission and the High Representative of the Union for Foreign Affairs and Security Policy of 9 March 2020 entitled ‘Towards a comprehensive strategy with Africa’ (JOIN(2020)0004); which underlines the universality, indivisibility, interdependence and interrelated nature of all human rights and affirms EU and African commitments to promote and protect them; calls for strong and constant EU engagement in thehuman security, stability and sustainable development of Africa; stresses the importance of including the principles of transparency and good governance in the EU-Africa Strategy and its planning, implementation and evaluation;
2020/07/02
Committee: AFET
Amendment 87 #

2020/2041(INI)

Draft opinion
Paragraph 5 a (new)
5a. Stresses the importance of a true inclusion of international and local civil society organisations, non-governmental organisations (NGOs), parliamentary assemblies, the diaspora, trade unions, youth organisations, the private sector and local authorities in consolidating the political dialogue between the EU and Africa; calls on the AU and the EU to ensure unfettered civil society access to African and European institutions and their human rights mechanisms; further insists on the importance of creating an enabling environment for civil society and addressing an increasing crackdown on human rights defenders;
2020/07/02
Committee: AFET
Amendment 94 #

2020/2041(INI)

Draft opinion
Paragraph 5 b (new)
5b. Recalls the AU and the EU’s joint commitment to collaborate on the global human rights agenda; calls on AU and EU institutions to prioritise cooperation at multilateral human rights fora and to act robustly in defence of crucial human rights gains at multilateral level; to this end, calls them to develop concrete strategies to counter the recent pushback on existing human rights norms at multilateral fora, including the universality and indivisibility of human rights; reminds EU and AU member states that they must deliver full political and financial support to their respective human rights mechanisms and ensure these, together with a strong and independent civil society, can guarantee delivery and further progress on human rights for all in Africa and Europe;
2020/07/02
Committee: AFET
Amendment 144 #

2020/2041(INI)

Draft opinion
Paragraph 7
7. Shares the opinion that the matter of the security of Africa should be transferred into the handsAfrican states and regional institutions must have the leading role in matters relating to the security of Africans and that the EU should assissupport its African partners in the successful accomplishment of this ultimate goal., by tackling the root causes of human insecurity, as well as including by implementing a conflict prevention, do no harm and policy coherence approach in all aspects of its relationship with Africa, and by supporting the role of civil society actors in peacekeeping and peace- building efforts;
2020/07/02
Committee: AFET
Amendment 161 #

2020/2041(INI)

Draft opinion
Paragraph 7 a (new)
7a. Calls, in the context of counter- terrorism policies, on the establishment of more transparent decision-making processes, increased general awareness about a human rights-based approach and more engagement with communities affected by these measures;
2020/07/02
Committee: AFET
Amendment 21 #

2020/2023(INI)

Draft opinion
Paragraph 4 a (new)
4 a. Stresses the importance of a level playing field between the UK and the EU, that ensures equivalent standards in social, labour, environmental, competition and state aid policies in order to avoid a ‘race to the bottom´,
2020/04/27
Committee: IMCO
Amendment 37 #

2020/2023(INI)

Draft opinion
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 athe highest 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, monitoring, enforcement and dispute settlement through adequately resourced domestic authorities and effective administrative and judicial proceedings;
2020/04/27
Committee: IMCO
Amendment 38 #

2020/2023(INI)

Draft opinion
Paragraph 7
7. Recalls that in any event a new agreement will lead to customs checks and verification before goods enter the internal market and insists that safeguarding the compliance of goods with internal market rules is of the utmost importance; considers that operational procedures aimed at safeguarding the internal market for goods and the customs union must keep ‘red tape’ to a minimum, especially for SMEsand European product standards is of the utmost importance;
2020/04/27
Committee: IMCO
Amendment 47 #

2020/2023(INI)

Draft opinion
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 full compliance with European data protection and privacy standards;
2020/04/27
Committee: IMCO
Amendment 65 #

2020/2023(INI)

Draft opinion
Paragraph 11
11. Underlines the importance of preserving the integrity of the customs union and its procedures, which guarantee the safety and protection of consumers and the economic interests of the EU and of EU undertakings; stresses the need for greater investment in customs controls facilities at common transit points;
2020/04/27
Committee: IMCO
Amendment 5 #

2020/2022(INI)

Draft opinion
Paragraph 1
1. Welcomes the Commission’s intentioncommitment to introduce a harmonised approach addressing obligations imposed on intermediarion digital services, in order to avoid fragmentation of the internal market; stresses that any measure related to fundamental rights should be cthe Digital Services Act should ensure that the internal market freedoms are fully balanced and take into account the possible impact on the functioning of the internal marketrealised in complete compliance with fundamental rights and principles set out in the Charter of Fundamental rights of the EU, and calls on the Commission to avoid the ‘export’ of national regulations and instead to propose the most efficient and effective sustainable solutions for the internal market as a whole;
2020/05/07
Committee: IMCO
Amendment 18 #

2020/2022(INI)

Draft opinion
Paragraph 2
2. States that limited liability provisions as set out in the e-Commerce Directive1 must be maintained and strengthenpreserved in the Digital Services Act, particularly in order to protect freedom of expressionundamental rights and the freedom to provide services; underlines the importance of these protections to the growth of European SMEs, protection of consumers and users' safety; _________________ 1 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.
2020/05/07
Committee: IMCO
Amendment 22 #

2020/2022(INI)

Draft opinion
Paragraph 2 a (new)
2a. States that Digital Services Act should maintain the ban on general monitoring obligation under the Article 15 of the current e-Commerce Directive;
2020/05/07
Committee: IMCO
Amendment 26 #

2020/2022(INI)

Draft opinion
Paragraph 3
3. Recognises that SMEs and large players have differing capabilities with regard to the moderation of content; warns that overburdening businesses withe Commission that these disproportionate new obligations could further hinder the growth of SMEs and require recourse to automatic filtering tools, which may often lead to the removal of legal content;
2020/05/07
Committee: IMCO
Amendment 43 #

2020/2022(INI)

Draft opinion
Paragraph 5
5. Recalls the fact that misinformative and harmful content is not always illegal; calls, therefore, for the establishment of a well-defined notice-and-takedown processharmonised, transparent and legally enforceable notice-and-action mechanism; supports an intensive dialogue between authorities and relevant stakeholders with the aim of deepening the soft law approach based on good practices such as the EU-wide Code of Practice on Disinformation, in order to further tackle misinformation;
2020/05/07
Committee: IMCO
Amendment 48 #

2020/2022(INI)

Draft opinion
Paragraph 5 a (new)
5a. Notes the proliferation of fake news and disinformation with false or misleading content, and consumers scams by means of unsafe or counterfeit products; calls on the Commission to keep working and exploring new ways to combat fake news while preserving fundamental rights;
2020/05/07
Committee: IMCO
Amendment 50 #

2020/2022(INI)

Draft opinion
Paragraph 5 b (new)
5b. Highlights that tracking applications must respect privacy rights in addition to the provisions of the GDPR;
2020/05/07
Committee: IMCO
Amendment 51 #

2020/2022(INI)

Draft opinion
Paragraph 6
6. Calls for the introduction of counter-notice tools to allow content owners to defend their rights adequately and in a timely manner when notified of any takedown; underlines its view that delegating the responsibility to set boundaries on freedom of speech to private companies is unacceptable and creates risks for both citizens and businesses, neither of which are qualified to take such decisions.that if the redress and counter-notice procedure have stablished that the notified activity or information is not illegal, the online intermediary should restore the removed content without undue delay or allow for the re-upload by the user, without prejudice to the platform's terms of service; outlines that fundamental rights should be protected more effectively by introducing more transparency reports and out-of-court dispute settlement mechanism to help resolve complaints of affected users;
2020/05/07
Committee: IMCO
Amendment 60 #

2020/2022(INI)

Draft opinion
Paragraph 6 a (new)
6a. Notes that the new Digital Services Act should also address the challenges algorithms present in terms of ensuring non-discrimination, transparency and explainability, as well as liability; points out the need to monitor algorithms and to asses 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;
2020/05/07
Committee: IMCO
Amendment 3 #

2020/2018(INL)

Motion for a resolution
Citation 2 a (new)
- having regard to the Commission recommendation (EU) 2018/334 of 1 March 2018 on measures to effectively tackle illegal content online,1a __________________ 1a OJ L 63, 6.3.2018, p. 50
2020/05/18
Committee: IMCO
Amendment 10 #

2020/2018(INL)

Motion for a resolution
Citation 6 a (new)
- having regard to the opinion of the Committee of the Regions (ECON- VI/048) from 5 December 2019 on “a European framework for regulatory responses to the collaborative economy”,
2020/05/18
Committee: IMCO
Amendment 11 #

2020/2018(INL)

Motion for a resolution
Citation 6 b (new)
- having regard to the opinion of the Committee of the Regions (SEDEC- VI/051) from 5 December 2019 on “platform work –local and regional regulatory challenges”,
2020/05/18
Committee: IMCO
Amendment 14 #

2020/2018(INL)

Motion for a resolution
Citation 7 a (new)
- having regard to Directive 2006/123/EC of the European Parliament and of the Council of 12 December 2006 on services in the internal market,1a __________________ 1a OJ L 376, 27.12.2006, p. 36–68
2020/05/18
Committee: IMCO
Amendment 16 #

2020/2018(INL)

Motion for a resolution
Citation 7 b (new)
- having regard to the Report of April 2019 conducted by the Joint Research Centre of the European Commission on “The future of Cities”,
2020/05/18
Committee: IMCO
Amendment 20 #

2020/2018(INL)

Motion for a resolution
Recital A
A. whereas e-commerce influences the everyday lives of people, workers, businesses and consumers in the Union, and when operated in a fair and regulated level playing field, may contribute positively to unlocking the potential of the Digital Single Market, enhance consumer trust and provide newcomers, and in particular micro, small and medium enterprises, with new market opportunities for sustainable growth and jobs;
2020/05/18
Committee: IMCO
Amendment 24 #

2020/2018(INL)

Motion for a resolution
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, it offers unfair competitive advantages to platforms compared to traditional companies 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 challenges; __________________ 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).
2020/05/18
Committee: IMCO
Amendment 45 #

2020/2018(INL)

Motion for a resolution
Recital D a (new)
Da. whereas services provided by online platforms at no monetary cost to consumers are nevertheless ultimately funded through online advertising designed to maximise the amount of user attention dedicated to the platform and to keep users as much time as possible on the platform itself; whereas there is a need to depart from the current purely “advertisement-centric” model to an approach where the focus is on the interest of citizens in accessing and sharing of high quality contents, the interest of consumers to broaden their choices and opportunities, and the interest of advertisers in broadening their audience and customer base;
2020/05/18
Committee: IMCO
Amendment 79 #

2020/2018(INL)

Motion for a resolution
Paragraph 2
2. Recognises the importance of the legal framework set out by the E- Commerce Directive in the development of online services in the Union and in particular its internal market clause, through which home country control and the obligation on Member States to ensure the free movement of information society services have been established; notes however, that the provisions of the E- Commerce Directive have promoted unequal business conditions in the platform economy at the expense of traditional businesses, which makes a revision of the Directive necessary;
2020/05/18
Committee: IMCO
Amendment 85 #

2020/2018(INL)

Motion for a resolution
Paragraph 3
3. CStresses that the main goal must be fair competition between the market participants; 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 thepreserved in general, but adjusted and reviewed in order to reflect the current state-of-the-art; underlines that the principle "taxes and duties must be paid in that country where the economic activity takes place" and 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; stresses that for effective legal enforcement of national or regional laws through public administrations, overriding reasons of public interest should be defined and taken into account in a future regulatory framework;
2020/05/18
Committee: IMCO
Amendment 97 #

2020/2018(INL)

Motion for a resolution
Paragraph 3 a (new)
3a. Recalls that given the extension of the scope of the E-Commerce Directive to all digital services, for those services covered by the Services Directive, the country of destination principle as stipulated in the Services Directive should apply. This is necessary to ensure the principle of “what is illegal offline is also illegal online”.
2020/05/18
Committee: IMCO
Amendment 99 #

2020/2018(INL)

Motion for a resolution
Paragraph 4
4. Stresses that a future-proof, comprehensive EU-level framework and fair competition are crucial in order to promote the growth of European small- scale platforms, small and medium enterprises (SMEs) and start-ups, prevent market fragmentation and provide European businesses with a level playing field that enables them to better profit from the digital services market and be more competitive on the world stage; suggests the implementation of thresholds for further regulation (e.g. on illegal content, law enforcement etc.) of providers to be able to categorize them in "large providers", "medium providers" and "small providers"; Recalls that fair regulation and fair competition between providers with a significant digital presence and small providers is needed;
2020/05/18
Committee: IMCO
Amendment 113 #

2020/2018(INL)

Motion for a resolution
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 the full access to and respect of fundamental and social rights ofor all workers, especially of platform or collaborative economy workers should be properly addressed in a specific instrument, accompanying should be ensured, especially of non-standard workers, including platform or collaborative economy workers; considers necessary that these conditions and the obligations of digital labour platforms as employers be properly addressed and guaranteed in a specific binding legal instrument, to be presented at the same time of the future regulatory framework; of the Digital Services Act;
2020/05/18
Committee: IMCO
Amendment 116 #

2020/2018(INL)

Motion for a resolution
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; considersstresses that platforms must have the same employer status as traditional companies and that social protection and social rights of workers, especially of platform or collaborative economy workers shouldneeds to be properly addressed in a specific instrument, accompanying the future regulatory framework; recalls that such a specific instrument needs to be ready before the Digital Services Act enters into force;
2020/05/18
Committee: IMCO
Amendment 119 #

2020/2018(INL)

Motion for a resolution
Paragraph 5
5. Takes the view that a level playing field in the internal market between the platform economy and the "traditional" offline economy, in line with existing competition law and maintaining the principle of "what is illegal offline is illegal online", 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, especially of platform or collaborative economy workers should be properly addressed in a specific instrument, accompanying the future regulatory framework;
2020/05/18
Committee: IMCO
Amendment 128 #

2020/2018(INL)

Motion for a resolution
Paragraph 5 a (new)
5a. The legal instrument should end the misclassification of workers that deprives them of their rights, a worker should be presumed to be employed until proven otherwise; it should also ensure fair working conditions, health and safety at the workplace and full social protection for non-standard workers; the rights to bargain collectively and to take collective action must not be restricted and collective agreements covering non- standard workers and platform workers (including the self-employed) should be considered to fall outside the scope of Article 101 TFEU;
2020/05/18
Committee: IMCO
Amendment 130 #

2020/2018(INL)

Motion for a resolution
Paragraph 5 a (new)
5a. Calls upon the European Commission to undertake further research on the financialisation and touristification of housing markets, including speculation, money laundering and tax evasion and its consequences for the functioning of the internal market;
2020/05/18
Committee: IMCO
Amendment 132 #

2020/2018(INL)

Motion for a resolution
Paragraph 5 b (new)
5b. Stresses that reliable data at European level on real estate transactions are vital to prevent distortions in Europe´s cities and regions housing markets; recalls that more transparency, as by a European registry, could also prevent money laundering in this sector;
2020/05/18
Committee: IMCO
Amendment 153 #

2020/2018(INL)

Motion for a resolution
Paragraph 7 a (new)
7a. Stresses the importance of maintaining the horizontal approach of the E-Commerce Directive; acknowledges , however, that a one-size-fits-all solution to all types of illegal activities or hosting providers would not be appropriate; recommends distinguishing between commercial and non-commercial activities, and between different type of digital services hosted by platforms rather than focusing too much on the type of the platform;
2020/05/18
Committee: IMCO
Amendment 156 #

2020/2018(INL)

Motion for a resolution
Paragraph 7 a (new)
7a. Is of the opinion that all providers for digital services based outside the single market must adhere to the regulation of digital services of the European Union;
2020/05/18
Committee: IMCO
Amendment 157 #

2020/2018(INL)

Motion for a resolution
Paragraph 7 b (new)
7b. Notes that it is important to ensure that digital services arrangements respect and comply with national and regional legislation or powers of local supervisory authorities or local control mechanisms for the purpose of the appropriate fulfilment of their obligations;
2020/05/18
Committee: IMCO
Amendment 160 #

2020/2018(INL)

Motion for a resolution
Paragraph 7 c (new)
7c. Considers that as the outdated framework of the E-Commerce Directive no longer adequately reflects a balance of emerging and existing enterprises, as well as online and “traditional” offline economy, a future regulatory framework to ensure a new balance is necessary;
2020/05/18
Committee: IMCO
Amendment 173 #

2020/2018(INL)

Motion for a resolution
Paragraph 8 a (new)
8a. Notes that some digital business models use public spaces for commercial purposes and is of the opinion that local and regional governments must be able to safeguard public interest and ensure administrative control;
2020/05/18
Committee: IMCO
Amendment 186 #

2020/2018(INL)

Motion for a resolution
Paragraph 10
10. Stresses that the Digital Services Act should achieve the right balance between the internal market freedoms andensure the full respect of the fundamental rights and principles set out in the Charter of Fundamental Rights of the European Union, including the rights for workers in digital labour platforms to information and consultation within the fundamental rights and principles set out in theertaking, of collective bargaining and action and of fair and just working conditions, the European Social Charter, the Community Charter of Fundamental Social Rights of the European UnWorkers, the relevant international human right instruments, including ILO Conventions;
2020/05/18
Committee: IMCO
Amendment 200 #

2020/2018(INL)

Motion for a resolution
Paragraph 11
11. Notes that the COVID-19 pandemic has shown how vulnerable EU Member States authorities and consumers are to misleading trading practices by dishonest traders selling fake or illegal products online that are not compliant with Union safety rules or imposing unjustified and abusive price increases or other unfair conditions on consumers;
2020/05/18
Committee: IMCO
Amendment 202 #

2020/2018(INL)

Motion for a resolution
Paragraph 11
11. Notes that the COVID-19 pandemic has shown how vulnerable EU consumers are to misleading trading practices by dishonest traders selling fake or illegalcounterfeit or unsafe products online that are not compliant with Union safety rules or imposing unjustified and abusive price increases or other unfair conditions on consumers;
2020/05/18
Committee: IMCO
Amendment 208 #

2020/2018(INL)

Motion for a resolution
Paragraph 12
12. Stresses that this problem is aggravated by the fact that often the identity of these companies cannot be established, for example due to the lack of a publicly accessible European company register;
2020/05/18
Committee: IMCO
Amendment 217 #

2020/2018(INL)

Motion for a resolution
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, and the minimum information requirements on commercial communications, shouldneeds to be substantially strengthened especially because of the lack of transparency in the wide variety of online-advertising;
2020/05/18
Committee: IMCO
Amendment 238 #

2020/2018(INL)

Motion for a resolution
Paragraph 14 a (new)
14a. Calls on the Commission to require that where a certain qualification is required to provide a service, the possession of such a qualification has to be clearly disclosed in each online offer in order to avoid deceptive or misleading information to consumers;
2020/05/18
Committee: IMCO
Amendment 243 #

2020/2018(INL)

Motion for a resolution
Paragraph 15
15. Calls on the Commission to introduce enforceable obligations on internformation society services providers aimed at increasing transparency and, information and accountability; considers that these obligations should be enforced by appropriate, effective and dissuasive penalties;
2020/05/18
Committee: IMCO
Amendment 263 #

2020/2018(INL)

Motion for a resolution
Paragraph 16 a (new)
16a. Stresses that online consumers find themselves in an unbalanced relation to service providers and traders offering services for free but supporting their services by advertising revenue and ads that are automatically targeting individual consumers, based on the information collected through big data and AI mechanisms; notes that the business model based on providing “free” services paid through advertising may lead to undesirable societal outcomes and be detrimental to consumers;
2020/05/18
Committee: IMCO
Amendment 266 #

2020/2018(INL)

Motion for a resolution
Paragraph 16 a (new)
16a. Notes that given the significant differences between digital services, a one-size-fits-all approach should be avoided; that is, intermediaries’ duties of care should differ depending on their business model;
2020/05/18
Committee: IMCO
Amendment 268 #

2020/2018(INL)

Motion for a resolution
Paragraph 16 b (new)
16b. Considers that intermediaries whose interventions may affect users fundamental freedoms should be maximally protected from liability while intermediaries that enable commercial transactions, including advertising, should be subject to a stronger obligation to take active care in order to protect consumers and provide security and trust;
2020/05/18
Committee: IMCO
Amendment 280 #

2020/2018(INL)

Motion for a resolution
Paragraph 17 a (new)
17a. Deems necessary to ensure an approach based on social dialogue and effective information and consultation of workers in introducing and monitoring AI technologies and solutions, in particular with regard to the use of algorithms; the ‘human in command principle’ must be respected, inter alia, to prevent the rise of health and safety risks, alienating tasks, discrimination, undue surveillance, and abuses in management and HR processes;
2020/05/18
Committee: IMCO
Amendment 291 #

2020/2018(INL)

Motion for a resolution
Paragraph 18
18. Considers that consumers should 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; believes that it should be possible for consumers 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 ensuring that the burden of proof should not lie on the consumer;
2020/05/18
Committee: IMCO
Amendment 309 #

2020/2018(INL)

Motion for a resolution
Paragraph 19 a (new)
19a. Is of the opinion that platforms and digital service providers must be held liable for illegal actions or dissemination of illegal content (e.g. social housing offers on short term rental platforms) and believes that discriminatory decisions of platforms can be made only according to local laws or court decisions; stresses that this also requires the provision of and access to utilizable data;
2020/05/18
Committee: IMCO
Amendment 333 #

2020/2018(INL)

Motion for a resolution
Paragraph 21
21. Considers that voluntary actions and self-regulation by online platforms across Europe have brought some benefits, but strong additional measures are needed in order to ensure the swift detection and removal of illegal content online; stresses that voluntary actions and self-regulation by online platforms are not the appropriate way to find a solution for a fair level playing field;
2020/05/18
Committee: IMCO
Amendment 358 #

2020/2018(INL)

Motion for a resolution
Paragraph 22
22. Calls on the Commission to address the increasing differences and fragmentations of national rules in the Member States and to propose concrete legislative measures including a notice- and-action mechanism, that can empower users and public bodies and administrations to notify online intermediaries of the existence of potentially illegal online content or behaviour; is of the opinion that such measures would guarantee a high level of users' and consumers' protection while promoting consumer trust in the online economy;
2020/05/18
Committee: IMCO
Amendment 365 #

2020/2018(INL)

Motion for a resolution
Paragraph 22 a (new)
22a. Notes that Member States under the E-Commerce Directive must safeguard the protection of public interest, the protection of services of general interest, the protection of affordable housing, the prevention of competitive distortion and the safeguarding of the necessary performance of public administration;
2020/05/18
Committee: IMCO
Amendment 376 #

2020/2018(INL)

Motion for a resolution
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 should be preserved in general, but needs to be preservedadjusted to safeguard the principle "what is illegal offline is illegal online";
2020/05/18
Committee: IMCO
Amendment 384 #

2020/2018(INL)

Motion for a resolution
Paragraph 23 a (new)
23a. Emphasises its scepticism about the introduction of “good Samaritan” provisions to exempt providers from liability when acting in “good faith” as this would encourage platforms to decide on what should be allowed or not and would risk reinforcing impunity, creating obstacles for enforcement; considers that the import of US law provisions are not fit-for-purpose in Union law;
2020/05/18
Committee: IMCO
Amendment 387 #

2020/2018(INL)

Motion for a resolution
Paragraph 23 a (new)
23a. Notes that Member States should ensure, that upon request, the service provider supplies to the competent authorities of the country of destination all the data required for public administration to fulfil its tasks needed to enforce law;
2020/05/18
Committee: IMCO
Amendment 393 #

2020/2018(INL)

Motion for a resolution
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 and standards on product safety and do not sufficiently guarantee consumer rights; stresses that fraudulent practices, such as fake shops, fraud by advance payment or phishing often lead to financial damages for consumers;
2020/05/18
Committee: IMCO
Amendment 396 #

2020/2018(INL)

Motion for a resolution
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 or are counterfeit and do not sufficiently guarantee consumer rights;
2020/05/18
Committee: IMCO
Amendment 404 #

2020/2018(INL)

Motion for a resolution
Paragraph 25
25. SCalls on the Commission to address issues related to online marketplaces in the Digital Services Act and asks for a thorough analysis of the interaction between the Digital Services Act and the Union product safety and chemicals legislation; stresses that it is unacceptable that Union consumers are exposed to illegal and unsafe products, containing dangerous chemicals, as well as other safety hazards;
2020/05/18
Committee: IMCO
Amendment 410 #

2020/2018(INL)

Motion for a resolution
Paragraph 25
25. Stresses that it is unacceptable that Union consumers are exposed to illegal, counterfeit and unsafe products, containing dangerous chemicals, as well as other safety hazards;
2020/05/18
Committee: IMCO
Amendment 481 #

2020/2018(INL)

Motion for a resolution
Paragraph 30
30. Considers that a central regulatory authority should be established which should be responsible for the oversight and compliance with the Digital Services Act and have supplementary powers to tackle cross-border issues; it should be entrusted with the appropriate investigation and enforcement powers needed to act and to promote cooperation between Member States in compliance with their respective national legislation;
2020/05/18
Committee: IMCO
Amendment 500 #

2020/2018(INL)

Motion for a resolution
Paragraph 32
32. Calls on the Commission to strengthen and modernise the current provisions on out-of-court settlement andexisting Union framework for out-of-court settlement under the E-Commerce Directive, taking into account developments under Directive 2013/11/EU, as well as court actions to allow for an effective enforcement and consumer redress;
2020/05/18
Committee: IMCO
Amendment 505 #

2020/2018(INL)

Motion for a resolution
Annex I – part I – paragraph 1
The Digital Services Act should contribute to the strengthening of the internal market by ensuring the free movement of digital services and the freedom to conduct a business, while at the same time guaranteeing a high level of consumer protection, including the improvement of users’ safety online;
2020/05/18
Committee: IMCO
Amendment 547 #

2020/2018(INL)

Motion for a resolution
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; to ensure the principle of “what is illegal offline is also illegal online” to those digital services covered by the Services Directive, the country of destination principle as stipulated in the Services Directive should apply;
2020/05/18
Committee: IMCO
Amendment 564 #

2020/2018(INL)

Motion for a resolution
Annex I – part II – paragraph 4 a (new)
The Digital Services Act should extend the derogation set out in the Annex of the E-Commerce Directive in order to safeguard public interests and to ensure the appropriate legal enforcement on national and regional level;
2020/05/18
Committee: IMCO
Amendment 587 #

2020/2018(INL)

Motion for a resolution
Annex I – part III – paragraph 1 – indent 4 a (new)
- clearly distinguish between providers of “information society services” and “hosting providers”, as the providers of “information society services”, which consist of the storage of information provided by a recipient of the service, are not liable for the information stored, under certain conditions;
2020/05/18
Committee: IMCO
Amendment 591 #

2020/2018(INL)

Motion for a resolution
Annex I – part III – paragraph 1 – indent 5
- define “systemic operator” by establishing a set of clear economic indicators that allow regulatory authorities to identify platforms with a “gatekeeper” role playing a systemic role in the online economy; such indicators could include considerations such as whether the undertaking is active to a significant extent on multi-sided markets, the size of its network (number of users), and the presence of network effects; barriers to entry, its financial strength, and ability to access to data,; vertical integration, and its role as an unavoidable partner and the importance of its activity for third parties’ access to supply and markets, etc.
2020/05/18
Committee: IMCO
Amendment 593 #

2020/2018(INL)

Motion for a resolution
Annex I – part III – paragraph 1 – indent 5
- define “systemic operator” by establishing a set of clear economic indicators that allow regulatory authorities to identify platforms with a “gatekeeper” role playing a systemic role in the online economy; such indicators could include considerations such as whether the undertaking is active to a significant extent on multi-sided markets, the size of its network (number of users, market share, share of sold services in total), its financial strength, access to data, vertical integration, the importance of its activity for third parties’ access to supply and markets, etc.
2020/05/18
Committee: IMCO
Amendment 597 #

2020/2018(INL)

Motion for a resolution
Annex I – part III – paragraph 1 – indent 5
- define “systemic operator” by establishing a set of clear economic indicators that allow regulatory authorities to identify platforms with a “gatekeeper” role playing a systemic role in the online economy; such indicators could include considerations such as whether the undertaking is active to a significant extent on multi-sided markets, the size of its network (number of users), its financial strength, access to data, vertical integration, the importance of its activity for third parties’ access to supply and markets, etc.
2020/05/18
Committee: IMCO
Amendment 610 #

2020/2018(INL)

Motion for a resolution
Annex I – part IV – paragraph 1 – subparagraph 1 – indent 1
- the information requirements in Article 5 of the E-Commerce Directive should be reinforced and the “Know Your Business Customer” principle limited to the direct commercial relationships of the hosting provider should be introduced; serviceshosting providers should verify 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 identity of their business customer is false, misleading or otherwise invalid;
2020/05/18
Committee: IMCO
Amendment 620 #

2020/2018(INL)

Motion for a resolution
Annex I – part IV – paragraph 1 – subparagraph 1 – indent 2 a (new)
- The provisions of Article 5 of the E-Commerce Directive should be further modernised by requiring traders to provide consumers with direct and efficient means of communication such as electronic contact forms, chatbots, instant messaging or telephone callback, provided that the information relating to those means of communication is accessible to consumers in a clear and comprehensible manner.
2020/05/18
Committee: IMCO
Amendment 642 #

2020/2018(INL)

Motion for a resolution
Annex I – part IV – paragraph 1 – subheading 3 – indent 2
- Building upon Article 6 of the E- Commerce Directive, the new measures should establish a new framework for Platform to Consumer relations on meaningful transparency and accountability provisions regarding online advertising, digital nudging and preferential treatment; paid advertisements or paid placement in a ranking of search results should be identified in a clear, concise, and intelligible manner; those measures should: - enable consumers with an option not to be tracked or (micro)-targeted and to opt- in for the use of behavioural data for advertising purposes, as well as an opt-in option for political advertising and ads; - provide consumers with access to their dynamic marketing profiles, so that they are informed on whether and for what purposes they are tracked and if the information they receive is for advertising purposes; - guarantee the right for consumers to contest any decision that undermines their interests including through collective redress mechanisms; - ensure that paid advertisements or paid placement in a ranking of search results should be identified in a clear, concise, and intelligible manner; - specify the grounds on which service providers and traders cannot discriminate and provide guidance on what practices count as aggressive advertising whilst encouraging consumer-friendly AI- technologies; - provide access to advertising delivery data in proper formats to verify the exposure of advertisers, the performance of paid vs unpaid advertising and the compliance with minimal diversification requirements.
2020/05/18
Committee: IMCO
Amendment 646 #

2020/2018(INL)

Motion for a resolution
Annex I – part IV – paragraph 1 – subheading 3 – indent 3
- The transparency requirements should include the obligation to disclose who is paying for the advertising, including both direct and indirect payments or any other contributions received by service providers; those requirements should apply also to platforms, even if they are established in third countries; consumers and public authorities should be able to identify who should be held accountable in case of, for example, false or misleading advertisement; the online advertising industry, which places commercials on websites, should be liable for the swift establishment of the legal status (change of ban on the incriminated advertising);
2020/05/18
Committee: IMCO
Amendment 653 #

2020/2018(INL)

Motion for a resolution
Annex I – part IV – paragraph 1 – subheading 3 – indent 4
- Article 7 of the E-Commerce Directive should be revised in order to protect consumers from unsolicited commercial communications online. and to regulate more strictly the use of targeted advertising online;
2020/05/18
Committee: IMCO
Amendment 668 #

2020/2018(INL)

Motion for a resolution
Annex I – part IV – paragraph 1 – subheading 4 – indent 3
- establish the principle of safety and security by default; as well as diversity “by- design”.
2020/05/18
Committee: IMCO
Amendment 670 #

2020/2018(INL)

Motion for a resolution
Annex I – part IV – paragraph 1 – subheading 4 – indent 3 a (new)
- develop a European framework on artificial intelligence in the area of ecommerce and digital services based on fairness, accuracy, confidentiality and transparency.
2020/05/18
Committee: IMCO
Amendment 673 #

2020/2018(INL)

Motion for a resolution
Annex I – part IV – paragraph 1 – subheading 4 – indent 3 b (new)
- with regard to accountability of algorithms used for targeted advertising, introduce fairness criteria for ad optimisation, and allow for external audits and verification of algorithmic design choices that involve information about individuals.
2020/05/18
Committee: IMCO
Amendment 675 #

2020/2018(INL)

Motion for a resolution
Annex I – part IV – paragraph 1 – subheading 4 – indent 3 c (new)
- ascertain effective and efficient rights, institutions and procedures for AI developers to certify the reliability of their models and to properly address and exploit the impact of upcoming technological developments.
2020/05/18
Committee: IMCO
Amendment 677 #

2020/2018(INL)

Motion for a resolution
Annex I – part IV – paragraph 1 – subheading 4 – indent 3 d (new)
- ensure an approach social dialogue and effective information and consultation of workers before introducing AI technologies and solutions which have impacts on working and employment conditions, in particular with regard to the use of algorithms;
2020/05/18
Committee: IMCO
Amendment 679 #

2020/2018(INL)

Motion for a resolution
Annex I – part IV – paragraph 1 – subheading 4 – indent 3 e (new)
- guarantee the respect of the ‘human in command principle and ensure the protection of data and privacy of workers at work, reinforcing the GDPR rules at the workplace;
2020/05/18
Committee: IMCO
Amendment 714 #

2020/2018(INL)

Motion for a resolution
Annex I – part V – paragraph 1 – indent 4 a (new)
- safeguard the principle “what is illegal offline is also illegal online” and the principle "taxes and duties must be paid in that country where the economic activity takes place”.
2020/05/18
Committee: IMCO
Amendment 716 #

2020/2018(INL)

Motion for a resolution
Annex I – part V – paragraph 1 – indent 4 b (new)
- require providers to actively share with Member States the information necessary for detecting illegal information posted or illegal activities undertaken by recipients of their service;
2020/05/18
Committee: IMCO
Amendment 785 #

2020/2018(INL)

Motion for a resolution
Annex I – part V – paragraph 3 – indent 5 a (new)
- the measures they adopt with regards to repeated infringers to ensure that the measures are effective in tackling such systemic abusive behaviour.
2020/05/18
Committee: IMCO
Amendment 817 #

2020/2018(INL)

Motion for a resolution
Annex I – part VI – paragraph 2 – indent 4 a (new)
- oblige online market places to display the possession of a qualification where a service provision requires the existence of a certain qualification to avoid misleading or deceptive information to consumers;
2020/05/18
Committee: IMCO
Amendment 821 #

2020/2018(INL)

Motion for a resolution
Annex I – part VI – paragraph 2 – indent 5
- once products have been identified as unsafe and/or counterfeit by the Union’s rapid alert systems or by consumer protection authorities, it should be compulsory to remove products from the marketplace within 24 hours and measures should be taken to prevent their reappearance on the marketplace;
2020/05/18
Committee: IMCO
Amendment 830 #

2020/2018(INL)

Motion for a resolution
Annex I – part VI – paragraph 2 – indent 6
- oblige online marketplaces to inform consumers of any safety issues and of any action required to ensure that recalls are carried out effectively; be consistent with and complementary to a reform of the General Product Safety Directive;
2020/05/18
Committee: IMCO
Amendment 840 #

2020/2018(INL)

Motion for a resolution
Annex I – part VI – paragraph 2 – indent 8 a (new)
- while online marketplaces must be liable for damages, contract performance and guarantees and while consumers must be able to exercise the same rights and remedies available against the supplier or producer, the online market place should have a right to redress towards the party at fault;
2020/05/18
Committee: IMCO
Amendment 843 #

2020/2018(INL)

Motion for a resolution
Annex I – part VI – paragraph 2 – indent 9
- explore expanding the commitment made by some e-commerce retailers and the Commission to respectively remove dangerous or counterfeit products from sale more rapidly under the voluntary commitment schemes called “Product Safety Pledge” and "Memorandum of Understanding on the sale of counterfeit goods via the internet" and indicate which of those commitments could become mandatory.
2020/05/18
Committee: IMCO
Amendment 846 #

2020/2018(INL)

Motion for a resolution
Annex I – part VI – paragraph 2 – indent 9 a (new)
- oblige platform providers to clarify the identity of commercial third-party providers based on the commercial register, to take out insurance to compensate consumers if dubious third- party providers are not available on the platform or otherwise escape their responsibility, to prevent reported illegal offers from appearing again and to promptly check the fraud cases reported by consumers.
2020/05/18
Committee: IMCO
Amendment 871 #

2020/2018(INL)

Motion for a resolution
Annex I – part VII – paragraph 2 – indent 3
- clarify that some regulatory remedies should be imposed on all ”systemic platforms” without the need for a decision by a regulatory authority, such as transparency in the way the dominant platforms conduct business: in particular how they collect or use data, prohibition for “systemic platforms” to engage in self- preferencing or in any practices aimed at making it more difficult for consumers to switch suppliers, or other forms of discrimination that exclude or disadvantage other businesses; , prohibition on asymmetric business terms;
2020/05/18
Committee: IMCO
Amendment 888 #

2020/2018(INL)

Motion for a resolution
Annex I – part VII – paragraph 2 – indent 6 a (new)
- ensure safety, transparency, freedom of choice and diversity for consumers.
2020/05/18
Committee: IMCO
Amendment 909 #

2020/2018(INL)

Motion for a resolution
Annex I – part VIII – paragraph 4 a (new)
To this extend, the central regulatory authority should be entrusted with the necessary supervision, monitoring and enforcement power needed to promote cross-border cooperation between Member States with respect to their respective national legal provisions.
2020/05/18
Committee: IMCO
Amendment 7 #

2020/2016(INI)

Draft opinion
Recital A a (new)
A a. whereas the use of artificial intelligence can represent a paradigm shift in the administration of criminal justice;
2020/06/17
Committee: IMCO
Amendment 9 #

2020/2016(INI)

Draft opinion
Recital A b (new)
A b. whereas the use of AI can develop a high potential, but at the same time can also entail considerable risks;
2020/06/17
Committee: IMCO
Amendment 11 #

2020/2016(INI)

Draft opinion
Recital A c (new)
A c. whereas in the field of the internal market, through reforming public procurement procedures the Union can make a fundamental difference in aligning government actions and behaviour with secondary policy objectives such as data protection and non-discrimination;
2020/06/17
Committee: IMCO
Amendment 13 #

2020/2016(INI)

Draft opinion
Recital A d (new)
A d. whereas a principle-based technical development and application of AI is necessary to ensure compliance with human and fundamental rights;
2020/06/17
Committee: IMCO
Amendment 14 #

2020/2016(INI)

Draft opinion
Recital A e (new)
A e. whereas on 4 December 2018 the European Commission for the Efficiency of Justice of the Council of Europe published the Ethical Charter for the Use of Artificial Intelligence in Judicial Systems, which sets out ethical principles for the use of artificial intelligence (AI) in judicial systems;
2020/06/17
Committee: IMCO
Amendment 18 #

2020/2016(INI)

Draft opinion
Paragraph 1
1. Considers that AI used by police and judicial authorities has to be categorised as high-risk and treated with the utmost care and highest standards of data protection, given that the role of these authorities is ton defending the public interest; considers that the EU should take the lead in laying down basic rules ohigh standards, rules and principles based on fundamental rights in the development and use of AI to ensure the same high level of consumer protection across the EU;
2020/06/17
Committee: IMCO
Amendment 24 #

2020/2016(INI)

Draft opinion
Paragraph 1 a (new)
1 a. Recognizes that the use of AI in the field of justice can help improve efficiency and quality of proceedings; stresses in this context that in particular the rules laid down in the European Convention for Human Rights and in the Council of Europe Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data must be respected;
2020/06/17
Committee: IMCO
Amendment 28 #

2020/2016(INI)

Draft opinion
Paragraph 1 b (new)
1 b. Calls on the Commission and Member States to incorporate key ethical AI principles of data protection, human control and non-discrimination into requirements as part of public procurement procedures for digital applications and AI used by police and judicial authorities;
2020/06/17
Committee: IMCO
Amendment 32 #

2020/2016(INI)

Draft opinion
Paragraph 2
2. Stresses that AI should help to ease the administrative burden on public authorities, without ever; underlines that AI systems must under no circumstances replacinge human decisions, and that AI systems shouldalways must rely on human oversight;
2020/06/17
Committee: IMCO
Amendment 43 #

2020/2016(INI)

Draft opinion
Paragraph 3 a (new)
3 a. Stresses that the use of AI must be based on the principle of non- discrimination in order to prevent discrimination against individuals or groups in data entry and analysis; underlines that crucial to this are the quality of algorithms, original data and ex-ante review of decision-making processes;
2020/06/17
Committee: IMCO
Amendment 44 #

2020/2016(INI)

Draft opinion
Paragraph 3 b (new)
3 b. Stresses that algorithmic-based procedures for analysing legal data must be made accessible, understandable and verifiable to ensure transparency and independence in criminal proceedings;
2020/06/17
Committee: IMCO
Amendment 45 #

2020/2016(INI)

Draft opinion
Paragraph 3 c (new)
3 c. Emphasizes the importance of open-source development of AI in order to avoid obstacles such as high license fees, to ensure transparency and traceability as well as verification, to enable innovation, to strengthen cooperation in the application and development of AI and a culture of exchanging ideas and experiences from using algorithms and their creation;
2020/06/17
Committee: IMCO
Amendment 55 #

2020/2016(INI)

Draft opinion
Paragraph 5
5. Insists that effective and easily accessible complaint and redress procedures, including judicial redress be made available to citizens;
2020/06/17
Committee: IMCO
Amendment 61 #

2020/2016(INI)

Draft opinion
Paragraph 6
6. Recalls the high risk of abuse of certain types of AI, including facial recognition technologies in public spaces, automated behaviour detection and profiling to divide people into risk categories at borders, and; calls on the Commission to ban themregulate the use in order to eliminate the risk of abuse;
2020/06/17
Committee: IMCO
Amendment 66 #

2020/2016(INI)

Draft opinion
Paragraph 7 a (new)
7 a. Further recalls the high risk of smart policing applications, which depend on data sets collected by humans containing discriminatory and prejudiced data and calls on procurement procedures for such applications to take into account and have safeguards for possible biases;
2020/06/17
Committee: IMCO
Amendment 3 #

2020/2014(INL)

Draft opinion
Recital A
A. whereas the use of Artificial Intelligence (AI) plays an increasing role in our everyday lives and has the potential to contribute to the deployment and development of innovations in many sectors and offer benefits for consumers through innovative products and services and, for businesses, in particular micro, small and medium enterprises (SMEs) through optimised performance;
2020/05/27
Committee: IMCO
Amendment 6 #

2020/2014(INL)

Draft opinion
Recital A a (new)
Aa. whereas for the framework to be appropriate, it must cover all AI-based products and their components, including algorithms, software, and data used or produced by them;
2020/05/27
Committee: IMCO
Amendment 7 #

2020/2014(INL)

Draft opinion
Recital A b (new)
Ab. whereas a common framework for the development, deployment and use of artificial intelligence, robotics and related technologies within the Union should both protect consumers from their potential risks and promote the trustworthiness of such technologies;
2020/05/27
Committee: IMCO
Amendment 13 #

2020/2014(INL)

Draft opinion
Recital B
B. whereas the use, deployment and development of AI applications in products might also present challenges to the existing legal framework on products and reduce their effectivenes protection of consumers, thus potentially undermining consumer trust and welfare due to their specific characteristics;
2020/05/27
Committee: IMCO
Amendment 16 #

2020/2014(INL)

Draft opinion
Recital C
C. whereas robust liability mechanisms remedying damage contribute to better protection of consumers, creation of trust in new technologies integrated in products and acceptance for innovation while ensuring legal certainty for business, in particular micro, small and medium enterprises;
2020/05/27
Committee: IMCO
Amendment 18 #

2020/2014(INL)

Draft opinion
Recital C a (new)
Ca. whereas the Report from the Commission to the European Parliament, the Council and the European Economic and Social Committee on the safety and liability implications of Artificial Intelligence, the Internet of Things and robotics (COM (2020) 64) and the White Paper On Artificial Intelligence - A European approach to excellence and trust (COM(2020)65) should be considered as the basis of the future European legislation;
2020/05/27
Committee: IMCO
Amendment 20 #

2020/2014(INL)

Draft opinion
Recital C b (new)
Cb. whereas the Product Liability Directive is the existing regulatory framework on the responsibility for the final product;
2020/05/27
Committee: IMCO
Amendment 22 #

2020/2014(INL)

Draft opinion
Paragraph 1
1. Welcomes the Commission’s aim, which is to make the Union legal framework fit the new technological uses, deployments and developments, ensuring a high level of protection for consumers from harm caused by new technologies based on artificial intelligence, robotics and related technologies while maintaining the balance with the needs of technological innovation;
2020/05/27
Committee: IMCO
Amendment 28 #

2020/2014(INL)

Draft opinion
Paragraph 2
2. Stresses the need to assess to what extentCalls on the Commission to update the existing liability framework, and in particular the Council Directive 85/374/EEC1 (the Product Liability Directive), needs to be updated in order to guarantee highly effective consumer protection and legal clarity for businesses, while avoiding high costs and risks especially for small and medium enterprises and start- ups; __________________ 1 Council Directive 85/374/EEC of 25 July 1985 on the approximation of the laws, regulations and administrative provisions of the Member States concerning liability for defective products (OJ L 210, 7.8.1985, p. 29).
2020/05/27
Committee: IMCO
Amendment 29 #

2020/2014(INL)

Draft opinion
Paragraph 2 a (new)
2a. Recognises the challenge of determining liability where consumer harm results from autonomous decision- making processes; calls on the Commission to review that directive and consider adapting concepts as ‘product’ ‘damage’ and ‘defect’, in a way that is coherent with product safety and liability legislation, as well as adapting the rules governing the burden of proof while stressing that the burden of proof shall by no means lie on the consumer;
2020/05/27
Committee: IMCO
Amendment 31 #

2020/2014(INL)

Draft opinion
Paragraph 2 b (new)
2b. Further stresses the need to reassess the timeframe during which the producer is held liable for defects caused by the product, as AI driven products can become unsafe during their lifecycle due to a software update or the lack thereof; simultaneously, and in cases where the supplier cannot be held liable, it might be justified to hold the producer liable for non-supply of a software update, which can fix the safety hazard;
2020/05/27
Committee: IMCO
Amendment 33 #

2020/2014(INL)

Draft opinion
Paragraph 2 c (new)
2c. Points out that the revision of the Product Liability Directive should be aligned with and built on the EU General Data Protection Regulation (GDPR);
2020/05/27
Committee: IMCO
Amendment 39 #

2020/2014(INL)

Draft opinion
Paragraph 3
3. Emphasises that any revision of the existing liability framework should aim to further harmonise liability rules in order to avoid fragmentation of the single market; stresses, however, the importance of ensuring that Unioensure a level playing field and to avoid inequalities in consumer protection as each Member state has its own rleguislation remains limited toand it could clrearly identified problems for which feasible solutions exist and leaves room for further technological developmentste unnecessary fragmentation of the single market;
2020/05/27
Committee: IMCO
Amendment 43 #

2020/2014(INL)

Draft opinion
Paragraph 4
4. Calls on the Commission to assess whether definitions and concepts inupdate the product liability framework need to be updated due toin order to consider the specific characteristics of AI applications such as complexity, autonomy and opac, opacity and unpredictability;
2020/05/27
Committee: IMCO
Amendment 44 #

2020/2014(INL)

Draft opinion
Paragraph 5
5. Urges the Commission to scrutinise whether it is necessary to include software in the definition of ‘products’ under the Product Liability Directive in line with the spirit of the current Consumer acquis, namely the definition of “good with digital elements under the Product LiabilityArticle 2(3) of Directive (EU) 2019/770 (the Digital Content Directive) and “goods” under Article 2(5)(b) of Directive (EU) 2019/771 (the Sale of goods Directive) and to update concepts such as ‘producer’, ‘damage’ and ‘defect’, and if so, to what extent; asks the Commission to also examine whetherurges the Commission to revise the product liability framework needs to be revised in order to protect injured parties efficiently as regards products that are purchased as a bundle with related services particularly as the Product Liability Directive only covers personal injury, and damage to consumer property, while non-material damage, damage to data or other digital assets remain currently uncovered;
2020/05/27
Committee: IMCO
Amendment 54 #

2020/2014(INL)

Draft opinion
Paragraph 5 a (new)
5a. Calls on the Commission to clarify that the scope of the new legislation or the update of the Product Liability Directive should apply to all tangible and non- tangible goods, including digital services;
2020/05/27
Committee: IMCO
Amendment 58 #

2020/2014(INL)

Draft opinion
Paragraph 6
6. Stresses the importance of ensuring a fair liability system that makes it possibleHighlights that due to the complexity, connectivity and opacity of the products based on AI and new technologies it could be difficult for consumers to prove twhat a defect in a product caused damage, even if third party software is involvedas it cannot be assumed that consumers have all necessary information or specific technical knowledge; therefore as part of the revision orf the cause of a defect is hard to trace, for example when products are part of a complex interconnected Internet of Things environmentProduct Liability Directive it should be sufficient for the consumer to demonstrate that there has been damage even if third party software is involved or the cause of a defect is hard to trace;
2020/05/27
Committee: IMCO
Amendment 63 #

2020/2014(INL)

Draft opinion
Paragraph 7
7. Calls on the Commission to revaluate whether and to what extent the burden of proof should be reversederse the burden of proof to prevent it from being placed on the consumer in order to empower harmed consumers while preventing abuse and providing legal clarity for businesses, in particular micro, small and medium enterprises;
2020/05/27
Committee: IMCO
Amendment 76 #

2020/2014(INL)

Draft opinion
Paragraph 8
8. Highlights the need forat in the liability stage a risk based approach to AI within the existing liability framework, which takes into account different levels of risk for consumers in specific sectors and uses of AI; underlines that such an approach, that might encompass two or more levels of risk, should be based on clear criteria and provide for legal clarityis not appropriate, as the damage has occurred and the product has proven to be a risk product;
2020/05/27
Committee: IMCO
Amendment 78 #

2020/2014(INL)

Draft opinion
Paragraph 8 a (new)
8a. Calls on the Commission to remove notion such “time at which a product is put on the market” which is no longer relevant given the dynamic features of digital goods; points out that currently the producer continues to have control over the product for a long time after having put it onto the market; urges to review the timelines for bringing a claim under the Product Liability Directive;
2020/05/27
Committee: IMCO
Amendment 79 #

2020/2014(INL)

Draft opinion
Paragraph 8 b (new)
8b. Stresses that the producer shall bear the liability for products from the EU, and for the products from outside EU, that are sold through online marketplace and when the producer cannot be identified, the online marketplace shall be liable as a supplier due to the fact that online marketplaces are no longer a passive intermediary;
2020/05/27
Committee: IMCO
Amendment 80 #

2020/2014(INL)

Draft opinion
Paragraph 9
9. AsksCalls on the Commission to carefully assess the advantages and disadvantages of introducing a strictaddress the liability model ofor products containing AI applications and consider in a two-step process; firstly providing a fault based liability only in specific high risk areas; underlines the need to strictly respect the proportionality principle if this approach is retained.f the deployer against which the affected person should have the right to bring the claim for damages; in the event where no fault of the deployer can be established, the producer or the backend operator should be held strictly liable; considers that the two-step process is essential in order to ensure that victims are effectively compensated for damages caused by AI driven systems;
2020/05/27
Committee: IMCO
Amendment 84 #

2020/2014(INL)

Draft opinion
Paragraph 9 a (new)
9a. Notes that the new legislation about product liability should also address the challenges algorithms present in terms of ensuring non-discrimination, transparency and explainability, as well as liability; points out the need to monitor algorithms and to asses associated risks, to use high quality and unbiased datasets, as well as to help individuals acquire access to high quality products;
2020/05/27
Committee: IMCO
Amendment 88 #

2020/2014(INL)

Draft opinion
Paragraph 9 b (new)
9b. Calls on the Commission to propose concreate measures (such a registry of products liability cases) to enhance transparency and to monitor defective product circulating in the EU; it is essential to ensure high consumer protection and a high degree of information about the products that could be purchased.
2020/05/27
Committee: IMCO
Amendment 4 #

2020/2013(INI)

Draft opinion
Paragraph 1
1. Highlights that the security and defence policies of the European Union and its Member States are guided by the principles enshrined in the European Charter of Fundamental Rights and of those of the UN Charter, and by a common understanding of the universal values of the inviolable and inalienable rights of the human person, of freedom, of democracy, of equality and of the rule of law; highlights that all defence-related efforts within the Union framework must respect these universal values while promoting peace, security and progress in Europe and in the world;
2020/06/04
Committee: AFET
Amendment 4 #

2020/2013(INI)

Draft opinion
Paragraph 1 a (new)
1a. Recalls its previous positions on lethal autonomous weapons and the necessity to develop an EU common position on lethal autonomous weapon systems ensuring meaningful human control over the critical functions of weapon systems, including during deployment;
2020/06/05
Committee: IMCO
Amendment 5 #

2020/2013(INI)

Draft opinion
Paragraph 1 a (new)
1a. Recalls that the obligation to respect and protect the dignity of the human person is a general principle of international law, the source and the main pillar of all fundamental rights enshrined in the Charter, common to the constitutional traditions of EU Member States; stresses therefore that the principle of human dignity should always be the ultimate pattern of control when interpreting and applying the law on artificial intelligence and the essential element establishing the human-centric approach to artificial intelligence, directing its use towards the good of individuals, groups of users, consumers and society as a whole;
2020/06/05
Committee: IMCO
Amendment 6 #

2020/2013(INI)

1. Highlights that the security and defence policies of the European Union and its Member States are guided by the principles of the UN Charter, and by a common understanding of the universal values of the inviolable and inalienable rights of the human person, of freedom, of democracy, of equality and of the rule of law; highlights that all defence-related efforts within the Union framework must respect these universal values while promoting peace, stability, security and progress in Europe and in the world;
2020/06/04
Committee: AFET
Amendment 8 #

2020/2013(INI)

Draft opinion
Paragraph 2
2. Calls on the UN and the wider international community to undertake all necessary regulatory efforts to ensure that the application of Artificial Intelligence (AI) in military affairs and in the law enforcement civil capacities, such as police and border control forces, and the use of AI-enabled systems by the military stay within the strict limits set by international law and, including international humanitarian law (IHL) and Human Rights law;
2020/06/04
Committee: AFET
Amendment 10 #

2020/2013(INI)

Draft opinion
Paragraph 2
2. Calls on the UN and the wider international community to undertake all necessary efforts to ensure that the development and application of Artificial Intelligence (AI) in military affairs and the use of AI-enabled systems by the military stay within the strict limits set by international law and international humanitarian law (IHL);
2020/06/04
Committee: AFET
Amendment 11 #

2020/2013(INI)

Draft opinion
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; believes that the use of any tracing applications should remain voluntary and the data collected should be anonymous and should not be used neither for commercial nor for law enforcement purposes; stresses that such applications must be available only during the pandemic, and not run nor be usable during normal times;
2020/06/05
Committee: IMCO
Amendment 14 #

2020/2013(INI)

Draft opinion
Paragraph 3
3. Considers in particular that the development and use of AI- enabled systems must abide by the principles ofin armed conflicts must abide by the Martens Clause, and must never breach or be permitted to breach the dictates of the public conscience and humanity; considers that this is the ultimate testeir ability to be used in compliance with international humanitarian law is the minimum standard for the admissibility of an AI- enabled system in warfare; calls on the AI research community to integrate this principle in all AI-enabled systems intended to be used in warfare; considers that no authority can issue a derogation from those principles or certify an AI- enabled system breaching them;
2020/06/04
Committee: AFET
Amendment 15 #

2020/2013(INI)

Draft opinion
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 interoperable, safe and privacy-compliant AI-enabled mobile apps, the development of which must remain under state control and whose data storage must remain decentralized to mobile devices;
2020/06/05
Committee: IMCO
Amendment 17 #

2020/2013(INI)

Draft opinion
Paragraph 3 a (new)
3a. Calls on the HR/VP to push for an AI international regulatory framework, aligning major powers on common norms, based on democratic values, adequately framed so as to prevent their use for espionage, mass, targeted and political surveillance, disinformation and data manipulation, and a cyber-arms race;
2020/06/04
Committee: AFET
Amendment 18 #

2020/2013(INI)

Draft opinion
Paragraph 3 b (new)
3b. Welcomes the creation of a UN Group of Governmental Experts (GGE) on Advancing responsible State behaviour in cyber space in the context of international security and calls on the EU to fully take part in its work;
2020/06/04
Committee: AFET
Amendment 19 #

2020/2013(INI)

Draft opinion
Paragraph 3 c (new)
3c. Calls on the HR/VP to pave the way for global negotiations with a view to put in place an AI arms control regime, and to update all existing Treaty instruments dedicated to arms control, disarmament and non-proliferation so as to take AI-enabled systems in warfare into account; calls on the Common position on arms export to fully take into account and cover AI-enabled weapons systems;
2020/06/04
Committee: AFET
Amendment 19 #

2020/2013(INI)

Draft opinion
Paragraph 3
3. Recalls that the principles of proportionality needs to be respected and that questions of causality and liability non- discrimination and proportionality and the requirement for justification need to be respected and that questions of causality, liability and responsibility, as well as transparency, accountability and explainability, 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;
2020/06/05
Committee: IMCO
Amendment 20 #

2020/2013(INI)

Draft opinion
Paragraph 3 d (new)
3d. Reaffirms support to the work of the UN GGE on Lethal Autonomous Weapons Systems (LAWS), which remains the relevant international forum for discussions and negotiations on the legal challenges posed by autonomous weapons systems; encourages the UN to foster dialogue among Member States, researchers, academics, civil society humanitarian actors and the private sector so as to have inclusive policymaking processes on new international provisions preventing the development, use and proliferation of lethal autonomous weapons systems ; calls for all existing multilateral efforts to be accelerated so that normative and regulatory frameworks are not outpaced by technological development and new methods of warfare;
2020/06/04
Committee: AFET
Amendment 23 #

2020/2013(INI)

Draft opinion
Paragraph 4
4. Stresses that states, parties to a conflict and individuals, when employing AI-enabled systems in warfare, must at all times adhere to their obligations under the applicable international law and remain accountable for actions resulting from the use of such systems; recalls that AI machines can under no circumstances be held accountable for intended, unintended or undesirable effects caused by AI- enabled systems on the battlefield; recalls that AI-enabled systems must rely on human oversight and should not get out of control of humanity; stresses that AI- machines can under no circumstances replace human decision;
2020/06/04
Committee: AFET
Amendment 23 #

2020/2013(INI)

Draft opinion
Paragraph 4
4. Urges, therefore, the Member States to assess the risks related to AI- driven technologies before automating activitiprofessional services connected with the exercise of State authority, such as the proper administration of justice, for example, the risks related to protection of consumers, of recipients of services and of workers, ensuring safe, healthy and secure working conditions, the proper administration of justice, ensuring high standards of education and protection of the environment; 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;
2020/06/05
Committee: IMCO
Amendment 29 #

2020/2013(INI)

Draft opinion
Paragraph 5
5. Highlights the need to take duly into account, during the design, development, testing and deployment phases of an AI-enabled system, potential risks as regards to incidental civilian casualties and injury, accidental loss of life, and damage to civilian infrastructure, but also risks related to unintended engagement, manipulation, proliferation, cyber-attack or interference and acquisition by organised crime and terrorist groups;
2020/06/04
Committee: AFET
Amendment 30 #

2020/2013(INI)

Draft opinion
Paragraph 4 a (new)
4a. Stresses that robots as mechanical objects should fall under the definition of machinery set by the directive on machinery (2006/42/EC) and should be designed and assembled in compliance with the standards and safety measures provided therein, as well as with the provisions on placing the machinery on the market and putting it into service;
2020/06/05
Committee: IMCO
Amendment 32 #

2020/2013(INI)

Draft opinion
Paragraph 5 a (new)
5a. Stresses that AI applications used in European Security and Defence Policy have to be categorised as high-risk in all cases given their impact of decisions;
2020/06/04
Committee: AFET
Amendment 35 #

2020/2013(INI)

Draft opinion
Paragraph 6
6. Stresses the need for robust testing and, evaluation, certification and monitoring systems based on democratic norms to ensure that during the entire lifecycle of AI-enabled systems in the military domain, in particular during the phases of human- machine interaction, machine learning and adjusting and adapting to new circumstances, the systems and their effect do not go beyond the intended limits and that users will at all times be able to comply with the applicable international law;
2020/06/04
Committee: AFET
Amendment 39 #

2020/2013(INI)

Draft opinion
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 AI applications aimed at automating and facilitating e-government services, for example in the area of tax administration; underlines that explainable, unbiased and transparent algorithms are important to ensure that businesses and consumers benefit from better, non- discriminatory and reliable public services at a lower cost.
2020/06/05
Committee: IMCO
Amendment 40 #

2020/2013(INI)

Draft opinion
Paragraph 7
7. Highlights that any AI-enabled system used in the military domain must, as a minimum set of requirements, be able to distinguish between combatants and non-combatants on the battlefield, not have indiscriminate effects, notbetween military and civilian targets, recognize when a combatant surrenders or is hors de combat; not have indiscriminate effects, individuate the use of force and not target a certain category of people, not be of a nature to cause unnecessary suffering to persons, nor cruel or degrading treatments, not be biased or be trained on biased data, and be used in compliance with the IHL principles of military necessity, proportionality in the use of forcedistinction, proportionality and precaution prior to engagement and in attack;
2020/06/04
Committee: AFET
Amendment 41 #

2020/2013(INI)

Draft opinion
Paragraph 7
7. Highlights that any AI-enabled system used in the military domain must, as a minimum set of requirements, be able to distinguish between combatants and non-combatants on the battlefield, not have indiscriminate effects, not cause unnecessary suffering to persons, not be biased or be trained on biased data, and be in compliance with the IHL principles of military necessity, proportionality in the use of force and precaution prior to engagement; underlines the importance of the quality of algorithms, original data and ex-ante review of decision-making processes;
2020/06/04
Committee: AFET
Amendment 44 #

2020/2013(INI)

Draft opinion
Paragraph 5 a (new)
5a. Recalls that the Parliament foresaw in its resolution of 16 February 2017 on Civil Law Rules on Robotics the possibility that artificial intelligence may become an independent subject of civil law, which would have significant implications for the functioning of the single market; urges therefore the Commission to monitor and analyse developments of this matter in both international law and the domestic laws of the Member States.
2020/06/05
Committee: IMCO
Amendment 46 #

2020/2013(INI)

Draft opinion
Paragraph 8
8. Stresses that in the use of AI- enabled systems in security and defence, full situational understanding of the operator, predictability and reliability of the AI-enabled system ability to detect possible changes in circumstances and ability tooperational environment and ability to intervene in or discontinue an attack are needed to ensure that IHL principles, in particular distinction, proportionality and precaution in attack, are fully applied across the entire chain of command and control; stresses that AI- enabled systems must allow the military leadership to assume its full control and responsibility and be accountable at all times;
2020/06/04
Committee: AFET
Amendment 54 #

2020/2013(INI)

Draft opinion
Paragraph 9
9. Calls on states to carry out an assessment of hown whether autonomous military devices shave contributed to their national security and what their national security canould gain from AI-enabled weapon systems, in particular as regards the potential of such technologies to reduce human error, thus enhancing the implementation of IHL principlessupport and enhance human decision- making in compliance with IHL;
2020/06/04
Committee: AFET
Amendment 56 #

2020/2013(INI)

9a. Calls for the establishment of a European Agency for Artificial Intelligence, which mandate would cover common standards, certification and monitoring frameworks, as well as strong bilateral cooperation with NATO when it comes to the deployment, development and us of AI in the military field;
2020/06/04
Committee: AFET
Amendment 57 #

2020/2013(INI)

Draft opinion
Paragraph 10
10. CRecalls the European Parliament position on autonomous weapons systems enabling strikes to be carried out without meaningful human intervention; calls on the HR/VP, the Member States and the European Council to adopt a common position on autonomous weapons system, that ensures meaningful human control over the critical functions of weapons systems, including during deployment; calls on the HR/VP, in the framework of the ongoing discussions on the international regulation of lethal autonomous weapon systems by states parties to the Convention on Prohibitions or Restrictions on the Use of Certain Conventional Weapons (CCW), to help streamline the global debate on core issues and definitions where consensus has not been reached, in particular as regardsadvance the effort to develop a new global normative framework and a legally binding instrument, focused on definitions, concepts and characteristics of AI- enabled lethal autonomous weapons and theirsystems, specifically their critical functions in the identification, selection and engagement of a target, application of the concept of human responsibility in the use of AI- enabled systems in defence, and theto consider the necessary degree of human/machine interaction, including the concept of human control and judgment, to ensure compliance with international humanitarian and Human Rights law as well as with ethical concerns, during the different stages of the lifecycle of an AI- enabled weapon.
2020/06/04
Committee: AFET
Amendment 2 #

2020/2012(INL)

Draft opinion
Paragraph 1
1. Highlights that the security and defence policies of the European Union and its Member States are guided by the principles enshrined in the European Charter of Fundamental Rights and those of the United Nations Charter, and by a common understanding of the universal values of the inviolable and inalienable rights of the human person, of freedom, of democracy, of equality and of the rule of law; highlights that all defence- related efforts within the Union framework must respect these universal values whilst promoting peace, security and progress in Europe and in the world;
2020/05/11
Committee: AFET
Amendment 5 #

2020/2012(INL)

Draft opinion
Paragraph 1
1. Underlines the importance of an EU regulatory framework being applicable where consumers within the Union are users of or subject to an algorithmic system, irrespective of the place of establishment of the entities that develop, sell or employ the system; furthermore, believes that the rules set out should apply across the value chain, namely development, deployment and use of the relevant technologies and their components and for all developers, and should guarantee the highest level of consumer protection; proposes that these rules take into account the lessons drawn from the adaptation to Regulation (EU) 2016/6791a (GDPR), considered a global benchmark; considers the designation of a liable entity in the Union (such as authorised representative) important for its enforcement; __________________ 1aRegulation (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).
2020/05/19
Committee: IMCO
Amendment 7 #

2020/2012(INL)

Draft opinion
Paragraph 2
2. Stresses that a Union framework regulating the use of artificial intelligence (AI)-enabled systems in defence must respect all applicable legal regimes, in particular the international humanitarian law and the international human rights law, and be in compliance with Union law, principles and values; stresses that the EU should play a global role in leading the way towards a credible and binding AI regulatory agenda rooted in democratic values; calls on the Union to assess the inherent AI-related risks with regard to the application of Union law, and foresee necessary adjustment and enforcement where needed; underlines that emerging technologies not covered by international law should be judged by the principle of humanity and the dictates of public conscience; underlines that the ethics of AI-enabled systems in defence must be assessed from the point of view of Human rights, and notably human safety, health and security, freedom, privacy, integrity and dignity;
2020/05/11
Committee: AFET
Amendment 9 #

2020/2012(INL)

Draft opinion
Paragraph 2
2. Stresses that a Union framework regulating the use of artificial intelligence (AI)-enabled systems in defence must respect all applicable legal regimes, in particular the international humanitarian law and the international human rights law, and be in compliance with Union law, principles and values; the framework must therefore indicate the likeliness of errors and inaccuracies to deployers for the deployment of AI technology; calls on the Union to assess the inherent AI-related risks with regard to the application of Union law, and foresee necessary adjustment and enforcement where needed;
2020/05/11
Committee: AFET
Amendment 9 #

2020/2012(INL)

Draft opinion
Paragraph 2
2. Notes that the framework should apply to algorithmic systems, including the fields of artificial intelligence (AI), internet of things (IoT), machine learning, deep learning, automated decision making processes and robotics; further notes that referral systems should be developed to help explain those systems to consumers whenever they present complexity or constitute decisions that impact their lives significantly;
2020/05/19
Committee: IMCO
Amendment 14 #

2020/2012(INL)

Draft opinion
Paragraph 2 a (new)
2a. Emphasises that the geographical scope of such a framework should cover all the components of artificial intelligence, robotics and related technologies developed, deployed or used in the Union, including in cases where part of the technologies might be located outside the Union or not have a specific location;
2020/05/11
Committee: AFET
Amendment 15 #

2020/2012(INL)

Draft opinion
Paragraph 2 a (new)
2a. Underlines the need of constant monitoring of the use of AI; especially from the point of view of its advantages and disadvantages, as well as, its impact on the protection of Universal Human Rights;
2020/05/11
Committee: AFET
Amendment 16 #

2020/2012(INL)

Draft opinion
Paragraph 2 b (new)
2b. Recalls that the impact of AI systems should be considered not only from an individual perspective but also from the perspective of a society as a whole; calls to fully incorporate in a new framework, the human-centric approach based on the Communication on Building Trust in Human-Centric AI and the input obtained in the Ethics Guidelines prepared by the High-Level Expert Group on AI;
2020/05/11
Committee: AFET
Amendment 21 #

2020/2012(INL)

Draft opinion
Paragraph 3
3. Stresses that any future regulation should follow a differentiated risk-based approach, based on the potential harm or breaches of rights for the individual as well as for society at large, taking into account the specific use context of the algorithmic system; legal obligations and certification requirements should gradually increase with the identified risk level; in the lowest risk category there should be no additional legal obligations; algorithmic systems that may harm an individual and certification or labelling systems should be voluntary; algorithmic systems that may harm an individual or cause potential breaches of an individual’s rights, impact an individual’s access to resources, or concern their participation in society shall not be deemed to be in the lowest risk category; this risk-based approach should follow clear and transparent rules, providing enough legal certainty whilst being future-proof;
2020/05/19
Committee: IMCO
Amendment 24 #

2020/2012(INL)

Draft opinion
Paragraph 3 a (new)
3a. Calls for establishing of synergies and networks between the various European research centres on AI as well as other multilateral fora, such as: Council of Europe, the United Nations Educational Scientific and Cultural Organization (UNESCO), the Organisation for Economic Co-operation and Development’s (OECD),the World Trade Organisation and the International Telecommunications Union (ITU), in order to align their efforts and to better coordinate the developments of the AI technology;
2020/05/11
Committee: AFET
Amendment 26 #

2020/2012(INL)

Draft opinion
Paragraph 3
3. Stresses that any future regulation should follow a differentiated risk-based approach, based on the potential harm for the individual as well as for society at large, taking into account the specific use context of the algorithmic system; legal obligations should gradually increase with the identified risk level; in the lowest risk category there should be no additional legala labelling obligations; algorithmic systems that may harm an individual, impact an individual’s access to resources, or concern their participation in society shall not be deemed to be in the lowest risk category; this risk- based approach should follow clear and transparent rules;
2020/05/19
Committee: IMCO
Amendment 30 #

2020/2012(INL)

Draft opinion
Paragraph 3 a (new)
3a. Believes that the ethical principles should be the basis for a harmonised European system of risk classification and related legal obligations;
2020/05/19
Committee: IMCO
Amendment 31 #

2020/2012(INL)

Draft opinion
Paragraph 4
4. Underlines the importance of an ethical and regulatory framework, including in particular provisions on the quality of data sets used in algorithmic systems in relation to the purpose of its use, especially regarding the representativeness of training data used, on the de-biasing of data sets, as well as on the algorithms themselves, and on data and aggregation standards; stresses that those data sets should be auditable and made available to the competent authorities whenever called upon to ensure their fitness with the previously exposed principles;
2020/05/19
Committee: IMCO
Amendment 36 #

2020/2012(INL)

Draft opinion
Paragraph 4
4. Highlights that, based on a human- centric approach, the Unionwhereby technology fully respects Human Rights and humans retain authority over automated decision- making systems, the Union needs a robust AI regulatory framework focused on security and defence, followsing a path of responsibility, of protecting our citizens, and of defending our values, that its policies aim at preserving peace, preventing conflicts and strengthening international security, whilst seizing the opportunities that those technologies offer;
2020/05/11
Committee: AFET
Amendment 43 #

2020/2012(INL)

Draft opinion
Paragraph 4 a (new)
4a. Calls on the Member States and the European Commission to ensure that the algorithms used in defence systems, while keeping the necessary confidentiality, are governed by the principle of transparency, including a clear liability regime for the results of AI use; underlines that these algorithms must be constantly adjusted to the progress in AI technologies;
2020/05/11
Committee: AFET
Amendment 46 #

2020/2012(INL)

Draft opinion
Paragraph 5
5. Believes that consumers should be adequately informed in a timely, impartial, easily-readable, standardised and accessible manner about the existence, process, rationale, reasoning and possible outcome of algorithmic systems, about how to reach a human with decision- making powers, and about how the system’s decisions can be checked, meaningfully contested and corrected; recalls that humans must always be able to overrule automated decisions that are final and permanent;
2020/05/19
Committee: IMCO
Amendment 47 #

2020/2012(INL)

Draft opinion
Paragraph 5
5. Underlines that the Union must be at the forefront of mastering those technologies by establishing well defined processes for their use, for understanding the related ethical aspects and for fostering an effective international regulatory framework that contains the inherent risks of these technologies and prevents use for malicious purposes; the Union working together with the Member States must determine the appropriate liability regimes applicable to innovations in AI and other immersive technologies in the field of security and defence thus establishing a legal basis for accountability and traceability mechanisms, those include in particular unintended harm to persons, be it material or immaterial, such as breach of fundamental rights;
2020/05/11
Committee: AFET
Amendment 47 #

2020/2012(INL)

Draft opinion
Paragraph 5
5. Believes that consumers should be adequately informed in a timely, impartial, easily-readable, standardised and accessible manner about the existence, the aims or purpose, process, rationale, reasoning and possible outcome and consequences for consumers of algorithmic systems, about how to reach a human with decision- making powers, and about how the system’s decisions can be checked, meaningfully contested and corrected;
2020/05/19
Committee: IMCO
Amendment 57 #

2020/2012(INL)

Draft opinion
Paragraph 6
6. Stresses that for any defence application of AI enabled systems, the Union should set technical and organisational standards to ensure their resilience against cyber-attacks and digital influence, as well as their compliance with the highest possible trustworthiness standards as regards the collection and exploitation of operational datareliability standards, active monitoring and supervision as regards the collection and exploitation of operational data; AI systems and applications intended to extract and synthesise data, and extrapolate results therefrom to inform decisions for matters relating to defence and national security, must be specific in scope and comply with the provisions set out in the current regulatory framework in terms of gathering and processing data; stresses that AI applications designed to process data for intelligence purposes in defence related activities should comply with data processing standards to avoid risks of unintended surveillance or infringement of individual rights; believes that for high-risk applications of AI-enabled technologies like facial recognition which lack a definitive regulatory framework at the EU level, the Union must ensure that their development and deployment is rightful, proportional and respects the rights of individuals; stresses the importance of monitoring competent national law enforcement authorities which develop and deploy AI-enabled systems and technologies to maintain public order so as to mitigate the disproportional risks of predictive policing;
2020/05/11
Committee: AFET
Amendment 59 #

2020/2012(INL)

Draft opinion
Paragraph 6
6. Stresses that for any defence application of AI enabled systems, the Union should set technical and organisational standards to ensure their resilience against cyber-attacks and digital influence, as well as their compliance with the highest possible trustworthiness standards as regards the collection and exploitation of operational data; draws attention to the need of careful analysis of the algorithms on which AI makes its decisions; emphasises the importance for transparency and accountability of AI algorithms; notes the important distinction between transparency of algorithms and transparency of the use of algorithms;
2020/05/11
Committee: AFET
Amendment 63 #

2020/2012(INL)

Draft opinion
Paragraph 7
7. Stresses that where public money contributesmoney originating from public sources contributes significantly to the development or implementation of an algorithmic system, the code, the generated data - as far as it is non-personal - and the trained model should be public by default, to enable transparency and reuse, among other goals, to maximise the achievement of the Single Market, and to avoid market fragmentation;
2020/05/19
Committee: IMCO
Amendment 65 #

2020/2012(INL)

Draft opinion
Paragraph 6 a (new)
6a. Notices the great risk of AI in the area of disinformation; underlines that, if not regulated, AI technologies might have ethically adverse effects by exploiting bias in data and algorithms that may lead to disinformation, creating information bubbles and exploiting biases incorporated into AI algorithms;
2020/05/11
Committee: AFET
Amendment 68 #

2020/2012(INL)

Draft opinion
Paragraph 7
7. Highlights the need to adopt clear safety and security provisions and requirements, with proper certifications, for AI-systems in defence, and carry ourt constant monitoring, regular tests and verifications across the entire life cycle; underlines the necessity of ensuring compliance with applicable standards and obtained certifications where AI modifies e.g. through machine learning the functionality and behaviour of systems in which it is integrated, in order to ensure full traceability of decisions made with involvement of AI;
2020/05/11
Committee: AFET
Amendment 69 #

2020/2012(INL)

Draft opinion
Paragraph 7 a (new)
7a. Underlines that the increased use of artificial intelligence requires a strong focus on digital security, as the large amount of data creates new risks of cyberattacks; calls on the Commission to develop clear guidelines for businesses and public agencies to take the necessary precautions when using artificial intelligence;
2020/05/19
Committee: IMCO
Amendment 71 #

2020/2012(INL)

Draft opinion
Paragraph 7 a (new)
7a. Calls for a uniform implementation of the system of risk classification and related legal obligations to ensure a level-playing field among the Member States and to prevent a fragmentation of the internal market;
2020/05/19
Committee: IMCO
Amendment 72 #

2020/2012(INL)

Draft opinion
Paragraph 7 a (new)
7a. Highlights the fact that AI framework in defence and security should develop benchmarks for ethically responsible and accepted uses of AI technologies; underlines that these criteria must be constantly adjusted to the progress in AI technologies;
2020/05/11
Committee: AFET
Amendment 75 #

2020/2012(INL)

Draft opinion
Paragraph 7 b (new)
7b. Considers that AI, IoT, and other emerging technologies have enormous potential to deliver opportunities for consumers to have access to several amenities in many aspects of their lives alongside with better products and services, as well as to benefit from better market surveillance, as long as all applicable principles, conditions (including transparency and auditability), and regulations continue to apply;
2020/05/19
Committee: IMCO
Amendment 76 #

2020/2012(INL)

Draft opinion
Paragraph 7 b (new)
7b. Calls for the establishment of an Union-wide registration system for artificial intelligence, robotics and related technologies to support the uniform and transparent implementation of the risk classification in the Union;
2020/05/19
Committee: IMCO
Amendment 81 #

2020/2012(INL)

Draft opinion
Paragraph 8
8. Stresseds that all AI-systems in defence must have a concrete and well- defined domain of use and must be endowed withwhereby humans retain the abilitgency to detect and, disengage or diseactivate deployed systems should they move from their domain of use or engage in any escalatory or unintended action;
2020/05/11
Committee: AFET
Amendment 81 #

2020/2012(INL)

Draft opinion
Paragraph 8
8. Underlines the importance of ensuring that the interests of consumers and groups which are marginalised andor in vulnerable consumers and groupsituations are adequately taken into account and represented in any future regulatory framework; notes that for the purpose of analysing the impacts of algorithmic systems on consumers, access to data should be extended to appropriate parties notably independent researchers, media and civil society organisations, while fully respecting Union data protection and privacy law; recalls the importance of training and giving basic skills to consumers to deal with algorithmic systems in order to protect them from potential risks and detriment of their rights;
2020/05/19
Committee: IMCO
Amendment 85 #

2020/2012(INL)

Draft opinion
Paragraph 9
9. Underlines that the entire responsibility for the decision to design, develop, deploy and use AI-systems must rest on human operators and, as there must be meaningful human control over any weapons system and human intent in the decision to use force; underlines that the human-in- the-loop principle must also be applied to the command and control of AI- enabled systems; stresses that AI-enabled systems must allow the military leadership to assume its full responsibility and exercise the necessary level of judgmentaccountability for the use of lethal force and exercise the necessary level of judgment, which cannot be endowed to machines as it must be based on distinction, proportionality and precaution, for taking lethal or large-scale destructive action bey means of such systems; recalls in this respect its position on a ban on the development, production and use of fully autonomous weapons systems enabling strikes to be carried out without meaningful human intervention;
2020/05/11
Committee: AFET
Amendment 87 #

2020/2012(INL)

Draft opinion
Paragraph 8 a (new)
8a. Considers that, when it comes to filling the gaps on the practical implementation of ethical guidelines on algorithmic systems and connected technologies, models such as the so-called VCIO model (Values, Criteria, Indicators, Observables) should be studied and evaluated in terms of fitness for purpose; further considers that such models to concretise and implement AI system requirements, as well as to produce labels that allow companies to communicate the ethical properties of their products clearly and uniformly through a standardised risk matrix, could enhance consumer literacy, information, and awareness;
2020/05/19
Committee: IMCO
Amendment 94 #

2020/2012(INL)

Draft opinion
Paragraph 9 a (new)
9a. Stresses that the EU must take the lead in promoting the establishment of international norms regarding the ethical and legal parameters of the development and use of fully autonomous, semi- autonomous and remotely operated lethal weapons systems; Member States should develop national strategies for the definition, status and use of lethal autonomous weapons (LAWs) towards a comprehensive strategy on the EU level;
2020/05/11
Committee: AFET
Amendment 99 #

2020/2012(INL)

Draft opinion
Paragraph 10
10. Calls for the Union to establishment of a European market surveillance structure for algorithmic systems issuing guidance, opinions and expertise to Member States’ authorities;n the framework of a European Agency for Artificial Intelligence, which the Parliament proposed in its resolution of 16 February 20171a, issuing guidance, opinions and expertise to Member States’ authorities, monitoring the implementation of relevant EU legislation, addressing potential consumer protection issues, identifying standards for best practice, and, where appropriate, making recommendations for regulatory measures; __________________ 1aEuropean Parliament resolution of 16 February 2017 with recommendations to the Commission on Civil Law Rules on Robotics (2015/2103(INL)) (OJ C 252, 18.7.2018, p. 239).
2020/05/19
Committee: IMCO
Amendment 100 #

2020/2012(INL)

Draft opinion
Paragraph 10
10. Calls for the Union to consider the establishment of a European market surveillance structure for algorithmic systems issuing guidance, opinions and expertise to Member States’ authorities; further calls for this structure to be appropriately advised by stakeholder organisations (such as consumer protection organisations) in order to ensure wide consumer representation;
2020/05/19
Committee: IMCO
Amendment 102 #

2020/2012(INL)

Draft opinion
Paragraph 10
10. Calls for the Union to establish a European market surveillance structure for algorithmic systems issuing guidance, opinions and expertise to Member States’ authorities; emphasizes that Member States must develop risk-management strategies for AI in the context of their national market surveillance strategies.
2020/05/19
Committee: IMCO
Amendment 103 #

2020/2012(INL)

Draft opinion
Paragraph 10
10. Underlines that the Union must promote understanding of the military implications of AI, of robotics and of autonomy; considers that the Union needs to promote the acquisition of the necessary skills and knowledge on technology development processes and operational methods throughout the supply chain and over the full lifecycle of AI-enabled military capabilities;
2020/05/11
Committee: AFET
Amendment 108 #

2020/2012(INL)

Draft opinion
Paragraph 10 a (new)
10a. Underlines, that despite its added value, AI comes with a number of weaknesses, one of them relating to all sorts of different types of biases; emphasises that AI technologies should clearly be void of any sort of profiling, especially regarding gender;
2020/05/11
Committee: AFET
Amendment 108 #

2020/2012(INL)

Draft opinion
Paragraph 11
11. Notes that it is essential for the software documentation, the algorithms and data sets used or produced by artificial intelligence, robotics, and related technologies to be fully accessible to market surveillance authorities, while respecting Union law; further notes that such elements should be preserved by those who are involved in the different stages of the development of algorithmic systems and in proportion of their liability, namely through distributed ledger technologies, such as block-chain; invites the Commission to assess if additional prerogatives should be given to market surveillance authorities in this respect;
2020/05/19
Committee: IMCO
Amendment 116 #

2020/2012(INL)

Draft opinion
Paragraph 11
11. Stresses the need to overcome the current fragmentation within the Union as regards national AI-related law, research, innovation and expertise in the area of AI, which puts in jeopardyendangers the functioning of the internal market and the objective to ensure trustworthyreliable and secure development of AI in Europe; in this respect welcomes the inclusion of AI- related projects under the European Industrial Development Programme (EDIDP); believes that the future European Defence Fund (EDF) and the Permanent structured cooperation (PESCO) also offer well adapted frameworks for future AI- related projects that would help to better streamline Union efforts in this field; stresses that AI-related projects should be synchronized with the wider EU civilian programmes devoted to AI; notes that in line with the European Commission’s White Paper on AI (COM2020/65final) excellence and testing centres concentrating on research and development of AI in the field of security and defence should be established with vigorous specifications underpinning the participation of and investment from private stakeholders;
2020/05/11
Committee: AFET
Amendment 116 #

2020/2012(INL)

Draft opinion
Paragraph 12
12. Calls for the designation by each Member State of a competent national authorityenforcement body(NEB) for monitoring the application of the provisions;
2020/05/19
Committee: IMCO
Amendment 121 #

2020/2012(INL)

Draft opinion
Paragraph 11 a (new)
11a. Emphasises that the development of AI that respects fundamental rights and supports the public interest requires the strategic pooling and sharing of data in the EU between private and public entities, as well as the strengthening of an EU AI ecosystem, which involves public, private, and civil society stakeholders; calls on the European Commission to foster dialogue among Member States, researchers, academics, civil society actors and the private sector so as to have inclusive policymaking processes when it comes to defence-related AI regulations;
2020/05/11
Committee: AFET
Amendment 125 #

2020/2012(INL)

Draft opinion
Paragraph 13
13. Calls for the establishment of a European market surveillance board for algorithmic systems in the framework of a European Agency for Artificial Intelligence, to ensure a level playing field and to avoid fragmentation of the internal market, to decide with a qualified majority and by secret vote in case of different decisions on algorithmic systems used in more than one Member State, as well as at the request of the majority of the national authorities;
2020/05/19
Committee: IMCO
Amendment 126 #

2020/2012(INL)

Draft opinion
Paragraph 11 a (new)
11a. Calls on the Commission to present their "Reinforcement of the Skills Agenda", announced in the White Paper on Artificial Intelligence on the 19th February2020, as soon as possible - in order to ensure that everyone in Europe can benefit from the digital transformations of the EU economy;
2020/05/11
Committee: AFET
Amendment 128 #

2020/2012(INL)

Draft opinion
Paragraph 13 a (new)
13a. Believes that a European certification of ethical compliance should be designed in such a way as to inform consumers about the risk level of a product or a service with an algorithmic component as well as its trustworthiness in the light of the ethical principles and all other requirements based on relevant Union legislation;
2020/05/19
Committee: IMCO
Amendment 129 #

2020/2012(INL)

Draft opinion
Paragraph 13 a (new)
13a. Stresses the need for national market surveillance authorities to be reinforced in terms of capacity, skills, and competences in AI, IoT and other related technologies, as well as knowledge about its specific risks;
2020/05/19
Committee: IMCO
Amendment 133 #

2020/2012(INL)

Draft opinion
Paragraph 12
12. Calls on the European Commission and on the VP/HR to present, also as part of an overall approach, a sectoral AI strategy for defence-related activities within the Union framework, that ensures both respect for citizens’ rights and EU’s strategic interests that should propose a consistent regulatory approach spanning from the inception of AI-enabled systems to their military uses; calls on these regulatory efforts to be supported by meaningful monitoring schemes, so that normative frameworks are not outplaced by technological development and new methods of warfare; calls on the Council, the European Commission and on the VP/HR to enter in a structured dialogue with the European Parliament to that end.
2020/05/11
Committee: AFET
Amendment 1 #

2020/2007(INI)

Draft opinion
Recital A
A. whereas the Professional Qualifications Directive (PQD) explicitly seeks to harness intra-EU mobility to match labour market needs and skillseeks to enable professionals to work or establish themselves across the Union byand to makinge it easier for workers of certain professions to find employment in different Member States;
2020/10/30
Committee: IMCO
Amendment 7 #

2020/2007(INI)

Draft opinion
Recital A a (new)
Aa. whereas the free movement of workers and services are essential for a well-functioning single market;
2020/10/30
Committee: IMCO
Amendment 10 #

2020/2007(INI)

Draft opinion
Recital A b (new)
Ab. whereas the Services Directive, the Professional Qualifications Directive and the Proportionality Test Directive laid down the provisions that ensure the proper functioning of the internal market, while guaranteeing a high level of workers and consumer protection;
2020/10/30
Committee: IMCO
Amendment 12 #

2020/2007(INI)

Draft opinion
Recital A c (new)
Ac. whereas a single market with high social and environmental standards, quality services and fair competition serves the interests of all stakeholders;
2020/10/30
Committee: IMCO
Amendment 14 #

2020/2007(INI)

Draft opinion
Recital A d (new)
Ad. whereas the economic recovery from the crisis caused by the COVID-19 pandemic has to be in accordance with the guidelines set out by the European Green Deal and not at the expense of social or workers’ rights;
2020/10/30
Committee: IMCO
Amendment 27 #

2020/2007(INI)

Draft opinion
Paragraph 2
2. Regrets that insufficient national implementation of existing legislation continues to seriously hamper the freHighlights that workers have the possibility to move freely across the Union; however, regrets that insufficient national implementation and enforcement of current legislation still exist with negative effect on the mobility of workers within the EU to the detriment of workers and the European economy as a whole;
2020/10/30
Committee: IMCO
Amendment 36 #

2020/2007(INI)

Draft opinion
Paragraph 2 a (new)
2a. Regrets that the European Commission is not using the full potential of initiatives such as the European Professional Card as foreseen in the PQD; calls therefore upon the European Commission to extend the European Professional Card to more professions as it offers an advantageous option for professionals who wish to work either temporarily or permanently in another Member State;
2020/10/30
Committee: IMCO
Amendment 37 #

2020/2007(INI)

Draft opinion
Paragraph 2 a (new)
2a. Recalls that regulated professions represent up to 22 % of the labour force in the EU and cover many crucial sectors, such as health and social services, business services, construction, network services, transport, tourism, real estate, public services and education.1a __________________ 1a A8-0401/2017.
2020/10/30
Committee: IMCO
Amendment 38 #

2020/2007(INI)

Draft opinion
Paragraph 3
3. Stresses that while it is a competence of Member States to regulate a certain profession, theyregulation of professions is often indispensable to safeguard public interest objectives, such as public security, public health, consumer protection, or protection of the environment, and deregulation must not be an aim for the future of the regulation of professions at the EU level; recalls though, for regulation to be fair for the professionals and to enable mobility within the EU, Member States must respect the limits of the principles of non- discrimination and proportionality, and be transparent about the regulation they put in, as explicitly stipulated in the Proportionality Test Directive; encourages the Member States to exchange the information with other Member States on matters covered by the Directive;
2020/10/30
Committee: IMCO
Amendment 47 #

2020/2007(INI)

Draft opinion
Paragraph 3 a (new)
3a. Underlines that while certain aspects remain the competence of Member States, it is the Union’s responsibility to tackle social dumping and practices that could have negative consequences on workers' social security;
2020/10/30
Committee: IMCO
Amendment 50 #

2020/2007(INI)

Draft opinion
Paragraph 3 b (new)
3b. Condemns the practices of some corporations exploiting the fact that certain Member States have lower average salaries, as wages are a key component of working conditions;
2020/10/30
Committee: IMCO
Amendment 53 #

2020/2007(INI)

Draft opinion
Paragraph 4
4. Recalls that the Services Directive builds on the country of destination principle and aims to ensure the provision of high-quality services and therefore Member States shall not be prevented from imposing necessary requirements with regard to the provision of a service activity and the PQD builds on the principle of mutual recognition to facilitate free movement of serviceprofessionals; calls on the Member States to extend mutual recognition to more levels of education and to improve or introduce the necessary procedures as soon as possible;
2020/10/30
Committee: IMCO
Amendment 61 #

2020/2007(INI)

Draft opinion
Paragraph 4 a (new)
4a. Calls on the Commission to strengthen cooperation with Member States and increase enforcement efforts, not just regarding the legislation on free movement, but also regarding working conditions and the protection of workers’ health and safety, in line with the European Pillar of Social Rights;
2020/10/30
Committee: IMCO
Amendment 64 #

2020/2007(INI)

Draft opinion
Paragraph 5
5. Encourages the Commission to fully enforce existing rules; calls for alternative resolution mechanisms to be assessed and for infringement procedures to be applied swiftly and rigorouslyin accordance with Art. 258 of the Treaty on the Functioning of the European Union (TFEU) whenever breaches of relevant legislation are identified or disproportionateunjustified burdens introduced;
2020/10/30
Committee: IMCO
Amendment 70 #

2020/2007(INI)

Draft opinion
Paragraph 5 a (new)
5a. Welcomes the announcement of the Commission in its´ 2021 Work Programme1a to withdraw the e-card proposals1b; regrets that the proposal on Services Notification Procedure1c could not be adopted due to the lack of an agreement in Council; __________________ 1a COM(2020) 690 final. 1bCOM(2016)823 final 2016/0402 (COD) and COM(2016)824 final 2016/0403 (COD). 1c COM(2016)821 final 2016/0398 (COD).
2020/10/30
Committee: IMCO
Amendment 74 #

2020/2007(INI)

Draft opinion
Paragraph 6
6. Calls on the Commission to improve tools such asstrengthen the Points of Single Contact and the Single Digital Gateway as foreseen in the Services Directive and on the Member States to use suchthose tools to provide workers, consumers and businesses with accurate and easily accessible information regarding their rights and obligations related to free movement within the single market.
2020/10/30
Committee: IMCO
Amendment 11 #

2020/2003(INI)

Motion for a resolution
Citation 18 a (new)
- having regard to the UN Sustainable Development Goal 16, aiming at the promotion of peaceful and inclusive societies for sustainable development 14a _________________ 14a https://sustainabledevelopment.un.org/sdg 16
2020/05/06
Committee: AFET
Amendment 22 #

2020/2003(INI)

Motion for a resolution
Recital A a (new)
Aa. whereas a new arms race in the world is growing and the major military powers no longer rely on arms control and disarmament to reduce international tensions and improve the global security environment;
2020/05/06
Committee: AFET
Amendment 27 #

2020/2003(INI)

Motion for a resolution
Recital A b (new)
Ab. whereas in an increasingly unstable multipolar world, where nationalist, xenophobic and anti- democratic forces are on the rise, it is vital for the European Union to become an influential player on the world stage and to keep its leading role as a global “soft power” committed to the disarmament of conventional and nuclear weapons, investing in conflict prevention, crisis management and mediation before military options are considered;
2020/05/06
Committee: AFET
Amendment 33 #

2020/2003(INI)

Motion for a resolution
Recital A c (new)
Ac. whereas arms policy is not a tool of economic policy but a matter of security and foreign policy, which must be closely linked to a stronger commitment to international disarmament and the defence of human rights; armaments are not a normal commercial product that can be exported on economic grounds;
2020/05/06
Committee: AFET
Amendment 36 #

2020/2003(INI)

Motion for a resolution
Recital A d (new)
Ad. whereas military transparency measures such as reporting on arms export contributes to cross-border trust- building;
2020/05/06
Committee: AFET
Amendment 65 #

2020/2003(INI)

Motion for a resolution
Paragraph 3
3. Deplores the fact that Member States use very different information in order to generate data on the value of licences, which renders the annual report considerably less consistent and usable as a comparative data set and serves to diminish its transparency and accountability before citizens and parliaments; urges France, in particular, to refrain from submitting data on the value of licences at pre-contract stage and broad values for global licences, which undermines the comparability of the report;
2020/05/06
Committee: AFET
Amendment 82 #

2020/2003(INI)

Motion for a resolution
Paragraph 5 a (new)
5a. Welcomes the renewed extension of the moratorium on arms exports towards Saudi Arabia by Germany until the end of 2020 as well as the decisions by several Member States to enforce full restrictions when it comes to arms exports towards Saudi Arabia; reiterates its call of 13 September 2017 regarding the urgent need to impose an arms embargo on Saudi Arabia;
2020/05/06
Committee: AFET
Amendment 86 #

2020/2003(INI)

Motion for a resolution
Paragraph 5 b (new)
5b. Condemns the increasing arms race in the world and calls on the world major military powers, largest producers and exporters of weapons to foster dialogue, multilateralism and disarmament of conventional and nuclear weapons;
2020/05/06
Committee: AFET
Amendment 88 #

2020/2003(INI)

Motion for a resolution
Paragraph 5 c (new)
5c. Recalls the EU ambition to be a global actor for peace; therefore calls for the EU to play an active role in the areas of non-proliferation of arms and global disarmament, thus striving for the maintenance of international peace and security and respect for international humanitarian and human rights law;
2020/05/06
Committee: AFET
Amendment 127 #

2020/2003(INI)

Motion for a resolution
Paragraph 10 a (new)
10a. Stresses that the ambition to increase the competitiveness of the European defence sector must not undermine the application of the Common Position’s eight criteria as they take precedence over any economic social, commercial or industrial interests of Member States;
2020/05/06
Committee: AFET
Amendment 128 #

2020/2003(INI)

Motion for a resolution
Paragraph 10 b (new)
10b. Emphasises that arms exports must not be carried out for economic reasons but for foreign and security policy objectives. Respect for human rights, good governance and the prohibition on supplying arms to conflict regions are essential in the case of granting export licences. Arms exports have to be assessed against the sustainable development of a country;
2020/05/06
Committee: AFET
Amendment 141 #

2020/2003(INI)

Motion for a resolution
Paragraph 12 a (new)
12a. Welcomes the EU activities aiming at supporting the universalisation of the Arms Trade Treaty(ATT), in particular the assistance to third countries in improving and implementing effective arms control systems in line with the Common Position; calls the major arms exporting countries, such as the USA, China and Russia, to sign and ratify the Treaty;
2020/05/06
Committee: AFET
Amendment 185 #

2020/2003(INI)

Motion for a resolution
Paragraph 17
17. Notes that under the EPF, Member States and the European External Action Service (EEAS) will work on creating an EU-level system for arms transfers to third countries; asks for a detailed list of equipment transferred to third countries under the Facility to be published;
2020/05/06
Committee: AFET
Amendment 216 #

2020/2003(INI)

Motion for a resolution
Paragraph 19 – point a
a) to add the following additional categories in a revised reporting template in order to implement the recent September 2019 Council conclusions: the exact type of weapon and the quantity exported, denomination of the munitions, the lot size and the specific end-user, revoked licences, and the value and duration of contracts regarding post-delivery services such as training and maintenance; to align the EU definition of small arms with the broader UN definition so that, for example, pistols and sniper rifles are also included in this category;
2020/05/06
Committee: AFET
Amendment 222 #

2020/2003(INI)

Motion for a resolution
Paragraph 19 – point c
c) to clarify definitions such as licensed value and actual exports so as to facilitate the comparability of data between Member States; Licences for production in third countries should no longer be granted if this would allow the eight criteria of the Common Position or other EU arms export directives to be circumvented;
2020/05/06
Committee: AFET
Amendment 225 #

2020/2003(INI)

Motion for a resolution
Paragraph 19 – point c a (new)
c a) to extend the post-shipment controls to all arms exports, including large military equipment; Member States are to submit a regular post-shipment report;
2020/05/06
Committee: AFET
Amendment 248 #

2020/2003(INI)

Motion for a resolution
Paragraph 21 – point b
b) to follow the example of the UK in this regard by publishing risk assessments in the annual reports; and to publish all final arms export licences on the Internet; the validity of export licences should be limited to two years in order to be able to react to changing political situations;
2020/05/06
Committee: AFET
Amendment 253 #

2020/2003(INI)

Motion for a resolution
Paragraph 21 – point c
c) to undertake a joint assessment of country situations or potential export recipients in the light of the principles and criteria of the Common Position within the framework of the CFSP and in consultation with external stakeholders, including Parliament; to regularly update list of third countries complying with the criteria as led down in the Common Position;
2020/05/06
Committee: AFET
Amendment 260 #

2020/2003(INI)

Motion for a resolution
Paragraph 22
22. Believes that the EU institutions should organise peer reviews with a view to encouraging authorities to share best practices on the collection and processing of data, fostering a better understanding of different national approaches, identifying differences as regards the interpretation of the eight criteria, and discussing ways to improve harmonisation and consistency;
2020/05/06
Committee: AFET
Amendment 266 #

2020/2003(INI)

Motion for a resolution
Paragraph 23
23. Strongly believes that a more consistent implementation of the EU Common Position is essential for the EU credibility as a value-based global actor and that much higher level of convergence as regards the strict application of the criteria will strengthen human rights, international law and the CFSP, and bolster the EU’s strategic security interests and strategic autonomy;
2020/05/06
Committee: AFET
Amendment 276 #

2020/2003(INI)

Motion for a resolution
Paragraph 24
24. Stresses that effective end-use controls are crucial for a responsible export policy and for lowering the risk of diversion in particular; calls on the Council, the Member States, the EEAS and the Commission to set up a large-scale training and capacity-building programme for national and EU officials on arms export controls; stresses the need to use EU funding to ensure that sufficient staff resources are available at national and EU levels and at delegations and embassies in importing countries for the purposes of implementing viable end-use controlrisk assessments, end-use controls and post-shipment verifications; calls on the EEAS and COARM to report on iTrace any identified diversion of EU- origin goods as part of the annual report;
2020/05/06
Committee: AFET
Amendment 284 #

2020/2003(INI)

Motion for a resolution
Paragraph 25
25. Believes that the increasing Europeanisation of arms production, the recent Council conclusions on convergence in arms exports and the establishment of the EPF should be complemented by a mechanism for EU-level monitoring and control based on strict compliance with the eight criteria; calls on steps to be taken for the setting-up of an EU mechanism of sanctions for Member States infringing the Common Position;
2020/05/06
Committee: AFET
Amendment 290 #

2020/2003(INI)

Motion for a resolution
Paragraph 25 a (new)
25a. Believes that “pooling and sharing” and more cooperation in arms policy and procurement policy are only possible if strict export controls, mutual information and regular parliamentary scrutiny, as well as strong sanction mechanisms in the event of non- compliance with common rules, are binding. Further demands that the European Parliament - alongside the national parliaments - be able to guarantee parliamentary control over the EU’s common security and defence policy and its budget;
2020/05/06
Committee: AFET
Amendment 298 #

2020/2003(INI)

Motion for a resolution
Paragraph 26
26. Considers that regular consultations with the European Parliament, national parliaments, arms export control authorities, industry associations and civil society are central to meaningful transparency; calls on national parliaments to exchange best reporting and oversight practices in order to enhance the scrutinising role of all national parliaments in the decisions on arms control exports; calls on COARM to enhance dialogue with civil society and consultations with Parliament and arms export control authorities; encourages civil society and academia to exercise independent scrutiny of the arms trade and calls on the Member States and the EEAS to support such activities, including by financial means;
2020/05/06
Committee: AFET
Amendment 128 #

2020/0374(COD)

Proposal for a regulation
Recital 1
(1) Digital services in general and online platforms in particular play an increasingly important role in the economy, in particular in the internal market, by providing new business opportunities in the Union and facilitating cross-border trading. They serve as essential facilities for the digital economy by providing access to critical infrastructures.
2021/07/09
Committee: IMCO
Amendment 133 #

2020/0374(COD)

Proposal for a regulation
Recital 3 a (new)
(3 a) In addition, there are unjustified advantages for digital corporations in the form of circumvention constructions in the payment of profit taxes and in the employment conditions of platform workers, which further distort competition. The current negotiations at OECD and G7 level regarding a minimum tax are to be welcomed, but must be pursued in a targeted manner in order to achieve a level playing field in this area. A separate legislative proposal is planned on working conditions for platform workers. The European Parliament calls for a rapid presentation of the proposal in order to enable fair conditions with competitors in this area as well.
2021/07/09
Committee: IMCO
Amendment 134 #

2020/0374(COD)

Proposal for a regulation
Recital 4
(4) The combination of those features of gatekeepers is likely to lead in many cases to serious imbalances in bargaining power and, consequently, to unfair practices and conditions for business users as well as end users of core platform services provided by gatekeepers, to the detriment of prices, quality, privacy and security standards, choice and innovation therein.
2021/07/09
Committee: IMCO
Amendment 137 #

2020/0374(COD)

Proposal for a regulation
Recital 6
(6) Gatekeepers have a significant impact on the internal market, providing gateways for a large number of business users, to reach end users, everywhere in the Union and on different markets. The adverse impact of unfair practices on the internal market and particularly weak contestability of core platform services, including their negative societal and economic implications, have led national legislators and sectoral regulators to act. A number of national regulatory solutions at national level have already been adopted or proposed to address unfair practices and the contestability of digital services or at least with regard to some of them. This has created a risk of divergent regulatory solutions and thereby fragmentation of the internal market, thus raising the risk of increased compliance costs due to different sets of national regulatory requirements.
2021/07/09
Committee: IMCO
Amendment 142 #

2020/0374(COD)

(8) By approximating diverging national laws, obstacles to the freedom to provide and receive services, including retail services, within the internal market should be eliminated. A targeted set of harmonised mandatory rulelegal obligations should therefore be established at Union level to ensure contestable and fair digital markets featuring the presence of gatekeepers within the internal market.
2021/07/09
Committee: IMCO
Amendment 145 #

2020/0374(COD)

Proposal for a regulation
Recital 9
(9) A fragmentation of the internal market can only be effectively averted if Member States are prevented from applying national rules which are specific to the types of undertakings and services covered by this Regulation. At the same timeThis Regulation does not override national competition laws or render them unlawful as well as it does not preclude Member States from imposing identical, similar, stricter or different obligations on undertakings, in order to pursue legitimate public interests, in compliance with Union law. Those legitimate public interests can be, among others, consumer protection, the fight against acts of unfair competition and the protection and fostering of media freedom and pluralism of media or opinion as well as diversity incultures or in languages. In particular the right of the Member States to impose obligations on the undertakings referred to as" gatekeepers" within the meaning of this Regulation, but also on other undertakings, which serve to enforce legitimate public interests, remains unaffected, since this Regulation aims at complementing the enforcement of competition law, it should be specified that this Regulation is without prejudice to Articles 101 and 102 TFEU, to the corresponding national competition rules and to other national competition rulesprovisions at national level as well as other provisions at national level regarding unilateral behaviour that are, based on an individualised assessment of market positions and behaviour, including its likely effects and the precise scope of the prohibited behaviour, and which provide for the possibility of undertakings to make efficiency and objective justification arguments for the behaviour in question. However, the application of the latter rules should not affect the obligations imposed on gatekeepers under this Regulation and their uniform and effective application in the internal market.
2021/07/09
Committee: IMCO
Amendment 149 #

2020/0374(COD)

Proposal for a regulation
Recital 9
(9) A fragmentation of the internal market can only be effectively averted if Member States are prevented from applying national rules which are specific to the types of undertakings and services covered by this Regulation. At the same time, since this Regulation aims at complementing the enforcement of competition law, it should be specified that this Regulation is without prejudice to Articles 101 and 102 TFEU, to the corresponding national competition rules and to other national competition rules regarding unilateral behaviour that are based on an individualised assessment of market positions and behaviour, including its likely effects and the precise scope of the prohibited behaviour, and which provide for the possibility of undertakings to make efficiency and objective justification arguments for the behaviour in question. However, the application of the latter rules should not affect the obligations and prohibitions imposed on gatekeepers under this Regulation and their uniform and effective application in the internal market.
2021/07/09
Committee: IMCO
Amendment 150 #

2020/0374(COD)

Proposal for a regulation
Recital 10
(10) Articles 101 and 102 TFEU and the corresponding national competition rules concerning anticompetitive multilateral and unilateral conduct as well as merger control have as their objective the protection of undistorted competition on the market. This Regulation pursues an objective that is complementary to, but different from that of protecting undistorted competition on any given market, as defined in competition-law terms, which is to ensure that markets where gatekeepers are present are and remain contestable and fair, and to protect the respective rights of business users and end users, independently from the actual, likely or presumed effects of the conduct of a given gatekeeper covered by this Regulation on competition on a given market. This Regulation therefore aims at protecting a different legal interest from those rules and should be without prejudice to their application.
2021/07/09
Committee: IMCO
Amendment 155 #

2020/0374(COD)

Proposal for a regulation
Recital 12
(12) Weak contestability and unfair practices in the digital sector are more frequent and pronounced for certain digital services than for others. This is the case in particular for widespread and commonly used digital services that mostly directly intermediate between business users and end users and where features 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 are the most prevalent. Often, there is only one or very few large providers of those digital services. These providers of core platform services have emerged most frequently as gatekeepers for business users and end users with far-reaching impacts, gaining the ability to easily set commercial conditions and terms in a unilateral and detrimental manner for their business users and end users. Accordingly, it is necessary to focus only on those digital services that are most broadly used by business users and end users and where, based on current market conditions, concerns about weak contestability and unfair practices by gatekeepers are more apparent and pressing from an internal market perspective.
2021/07/09
Committee: IMCO
Amendment 157 #

2020/0374(COD)

Proposal for a regulation
Recital 13
(13) In particular, online intermediation services, online search engines, operating systems, (including, inter alia, smart TVs and IPTVs), digital voice assistants and platforms that use integrated voice assistant technologies, mobile payment services, web-browsers, online social networking, video sharing platform services, video and audio on demand services, number- independent interpersonal communication services, cloud computing servicesdigital services which allow the creation of, processing of, accessing or storage of data in digital form, including software as a service such as cloud computing services, meaning an electronic platform or a cloud storage facility, that the consumer selects for receiving or storing the digital content or digital service 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 includedstated as example of core platform services and fall into the scope of this Regulation. This is without prejudice to the inclusion of other categories of digital services into the definition ofscope of the regulation. The fact that weak contestability and unfair practices in the digital sector are more frequent and pronounced in certain digital services than in others does not imply that other categories of services are exempt from it. The core platform services and fall intog under the scope of this Regulation should therefore not be limited to certain types of services. 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.
2021/07/09
Committee: IMCO
Amendment 165 #

2020/0374(COD)

Proposal for a regulation
Recital 14
(14) A number of other ancillary services, such as identification or payment services (which depending on their function can act either as core service or as ancillary service) and technical services which support the provision of payment services, may be provided by gatekeepers together with their core platform services. As gatekeepers frequently provide the portfolio of their services as part of an integrated ecosystem to which third-party providers of such ancillary services do not have access, at least not subject to equal conditions, and can link the access to the core platform service to take-up of one or more ancillary services, the gatekeepers are likely to have an increased ability and incentive to leverage their gatekeeper power from their core platform services to these ancillary services, to the detriment of choice and contestability of these services.
2021/07/09
Committee: IMCO
Amendment 170 #

2020/0374(COD)

Proposal for a regulation
Recital 15
(15) The fact that a digital service qualifies as a core platform service in light of its widespread and common use and its importance for connecting business users and end users does not as such give rise to sufficiently serious concerns of contestability and unfair practices. It is only when a core platform service constitutes an important gateway and is operated by a provider with a significant impact in the internal market and an entrenched and durable position, or by a provider that will foreseeably have such a position in the near future, that such concerns arise. Accordingly, the targeted set of harmonised rules laid down in this Regulation should apply only to undertakings designated on the basis ofthat fulfill these three objective criteria or are designated on the basis of those, and they should only apply to those of their core platform services that individually constitute an important gateway for business users to reach end users.
2021/07/09
Committee: IMCO
Amendment 173 #

2020/0374(COD)

Proposal for a regulation
Recital 16
(16) In order to ensure the effective application of this Regulation to providers of core platform services which are most likely to satisfy these objective requirements, and where unfair conduct weakening contestability is most prevalent and impactful, the Commission should be able to directly designate as gatekeepers those providers of core platform services which meet certain quantitative thresholds. Such undertakings should in any event be subject to a fast designation process which should be automatically deemed to be gatekeepers. Since the quantitative threshould start upon the entry into force of this Regulations are objective requirements, no further designation by the Commission is necessary.
2021/07/09
Committee: IMCO
Amendment 177 #

2020/0374(COD)

Proposal for a regulation
Recital 17
(17) A very significant turnover in the Union and the provision of a core platform service in at least three Member States constitute compelling indications that the provider of a core platform service has a significant impact on the internal market or a significant sector thereof. This is equally true where a provider of a core platform service in at least three Member States has a very significant market capitalisation or equivalent fair market value. Therefore, a provider of a core platform service should be presudeemed to have a significant impact on the internal market or a significant sector thereof where it provides a core platform service in at least three Member States and where either its group turnover realised in the EEA is equal to or exceeds a specific, high threshold or the market capitalisation of the group is equal to or exceeds a certain high absolute value. For providers of core platform services that belong to undertakings that are not publicly listed, the equivalent fair market value above a certain high absolute value should be referred to. The Commission should use its power to adopt delegated acts to develop an objective methodology to calculate that value. A high EEA group turnover in conjunction with the threshold of users in the Union of core platform services reflects a relatively strong ability to monetise these users. A high market capitalisation relative to the same threshold number of users in the Union reflects a relatively significant potential to monetise these users in the near future. This monetisation potential in turn reflects in principle the gateway position of the undertakings concerned. Both indicators are in addition reflective of their financial capacity, including their ability to leverage their access to financial markets to reinforce their position. This may for example happen where this superior access is used to acquire other undertakings, which ability has in turn been shown to have potential negative effects on innovation. Market capitalisation can also be reflective of the expected future position and effect on the internal market of the providers concerned, notwithstanding a potentially relatively low current turnover. The market capitalisation value can be based on a level that reflects the average market capitalisation of the largest publicly listed undertakings in the Union over an appropriate period.
2021/07/09
Committee: IMCO
Amendment 178 #

2020/0374(COD)

Proposal for a regulation
Recital 18
(18) A sustained market capitalisation of the provider of core platform services at or above the threshold level over three or more years should be considered as strengthening the presumption that the provider of core platform services has a significant impact on the internal market.deleted
2021/07/09
Committee: IMCO
Amendment 181 #

2020/0374(COD)

Proposal for a regulation
Recital 21
(21) An entrenched and durable position in its operations or the foreseeability of achieving such a position future occurs notably where the contestability of the position of the provider of the core platform service is limited. This is likely to be the case where that provider has provided a core platform service in at least three Member States to a very high number of business users and end users during at least threewo years.
2021/07/09
Committee: IMCO
Amendment 184 #

2020/0374(COD)

Proposal for a regulation
Recital 23
(23) Providers of core platform services which meet the quantitative thresholds but are able to present sufficiently substantiated arguments to demonstrate that, in the circumstances in which the relevant core platform service operates, they do not fulfil the objective requirements for a gatekeeper, should not be designated directly, but only subject to a further investigation. The burden of adducing evidence that the presumption deriving from the fulfilment of quantitative thresholds should not apply to a specific provider should be borne by that provider In its assessment, the Commission should take into account only the elements which directly relate to the requirements for constituting a gatekeeper, namely whether it is an important gateway which is operated by a provider with a significant impact in the internal market with an entrenched and durable position, either actual or foreseeable. Any justification on economic grounds seeking to demonstrate efficiencies deriving from a specific type of behaviour by the provider of core platform services should be discarded, as it is not relevant to the designation as a gatekeeper. The Commission should be able to take a decision by relying on the quantitative thresholds where the provider significantly obstructs the investigation by failing to comply with the investigative measures taken by the Commission.deleted
2021/07/09
Committee: IMCO
Amendment 187 #

2020/0374(COD)

Proposal for a regulation
Recital 24
(24) Provision should also be made for the assessment of the gatekeeper role of providers of core platform services which do not satisfy all of the quantitative thresholds, in light of the overall objective requirements that they have a significant impact on the internal market, act as an important gateway for business users to reach end users and benefit from a durable and entrenched position in their operations or it is foreseeable that it will do so in the near future as well as in light of their market share in the relevant market.
2021/07/09
Committee: IMCO
Amendment 193 #

2020/0374(COD)

Proposal for a regulation
Recital 29
(29) Designated gGatekeepers should comply with the obligations laid down in this Regulation in respect of each of the core platform services listed in the relevant designation decision. The mandatory rules should apply taking into account the conglomerate position of gatekeepers, where applicable. Furthermore, implementing measures that the Commission may by decision impose on the gatekeeper following a regulatory dialogue should be designed in an effective manner, having regard to the features of core platform services as well as possible circumvention risks and in compliance with the principle of proportionality and the fundamental rights of the undertakings concerned as well as those of third parties. The regulatory dialogue should by no means constitute grounds to assume that the gatekeeper may invoke an efficiency defence.
2021/07/09
Committee: IMCO
Amendment 194 #

2020/0374(COD)

Proposal for a regulation
Recital 30
(30) The very rapidly changing and complex technological nature of core platform services requires a regular review of the status of gatekeepers, including those that are foreseen to enjoy a durable and entrenched position in their operations in the near future. To provide all of the market participants, including the gatekeepers, with the required certainty as to the applicable legal obligations, a time limit for such regular reviews is necessary. It is also important to conduct such reviews on a regular basis and at least every two years. four years for designated gatekeepers to assess whether they continue to satisfy the requirements, and at least every year to assess whether new providers of core platform services satisfy those requirements.
2021/07/09
Committee: IMCO
Amendment 195 #

2020/0374(COD)

Proposal for a regulation
Recital 31
(31) To ensure the effectiveness of the review of gatekeeper status as well as the possibility to adjust the list of core platform services provided by a gatekeeper, the gatekeepers should inform the Commission of all of their intended and concluded acquisitions of other providers of core platform services or any other services provided within the digital sector. Such information should not only serve the review process mentioned above, regarding the status of individual gatekeepers, but will also provide information that is crucial to monitoring broader contestability trends in the digital sector and can therefore be a useful factor for consideration in the context of the market investigations foreseen by this Regulation. To safeguard the fairness and contestability of core platform services provided by gatekeepers, any concentration by undertakings that have been considered as gatekeepers for more than 2 years shall be forbidden by default, unless the specific concentration is exceptionally compatible with the internal market because it does not impede fair competition. The burden of proof for compatibility with the internal market lies on the gatekeeper.
2021/07/09
Committee: IMCO
Amendment 201 #

2020/0374(COD)

Proposal for a regulation
Recital 32
(32) To safeguard the fairness and contestability of core platform services provided by gatekeepers, it is necessary to provide in a clear and unambiguous manner for a set of harmonised obligations with regard to those services. Such rules are needed to address the risk of harmful effects of unfair practices imposed by gatekeepers, to the benefit of the business environment in the services concerned, to the benefit of users and ultimately to the benefit of society as a whole. Given the fast-moving and dynamic nature of digital markets, and the substantial economic power of gatekeepers, it is important that these obligations are effectively applied without being circumvented. To that end, the obligations in question should apply to any practices by a gatekeeper, irrespective of its form, including through the use of dark patterns or manipulative choice architecture, and irrespective of whether it is of a contractual, commercial, technical or any other nature, insofar as a practice corresponds to the type of practice that is the subject of one of the obligations of this Regulation.
2021/07/09
Committee: IMCO
Amendment 205 #

2020/0374(COD)

Proposal for a regulation
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 enforcementhey can have a negative direct impact ofn the EU competition rules, shows that they have a particularly negative direct impact on the business users and end userbusiness users and end users. A general fairness clause allows for the necessary flexibility and ensures future-proofness. 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.
2021/07/09
Committee: IMCO
Amendment 211 #

2020/0374(COD)

Proposal for a regulation
Recital 36
(36) The conduct of combining end user data from different sources or signing in users to different services of gatekeepers gives them potential advantages in terms of accumulation of data, thereby raising barriers to entry. To ensure that gatekeepers do not unfairly undermine the contestability of core platform services, they should enable their end usand in orders to freely choose to opt-in to such business practices by offering a less personalised alternative. The possibility should cover all possible sources of impede business models that are based on the collection of users’personal data, including own services of the gatekeeper as well as third party websites, and should be proactively presented to the end user in an explicit, clear and straightforward manner view of the fact that the design makes it often too hard if not impossible to refuse consent, combining personal data should be prohibited.
2021/07/09
Committee: IMCO
Amendment 223 #

2020/0374(COD)

Proposal for a regulation
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 servicedistribution channels. Such restrictions have a significant deterrent effect on the business users of gatekeepers in terms of their use of alternative online intermediation servicedistribution channels, limiting inter- platform contestability, which in turn limits choice of alternative online intermediadistribution channels for end users. To ensure that business users of online intermediation services of gatekeepers can freely choose alternative online intermediation services and differentiate the conditions under which they offer their products or services to their end users, it should not be accepbe prohibited that gatekeepers limit business users from choosing to differentiate commercial conditions, including price. Such a restricprohibition 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.
2021/07/09
Committee: IMCO
Amendment 232 #

2020/0374(COD)

Proposal for a regulation
Recital 39
(39) To safeguard a fair commercial environment and protect the contestability of the digital sector it is important to safeguard the right of business users and end users to raise concerns about unfair behaviour by gatekeepers with any relevant administrative or other public authorities. For example, business users or end users may want to complain about different types of unfair practices, such as discriminatory access conditions, unjustified closing of business user accounts or unclear grounds for product de-listings. Any practice that would in any way inhibit or hinder such a possibility of raising concerns or seeking available redress, for instance by means of confidentiality clauses in agreements or other written terms, should therefore be prohibited. This should be without prejudice to the right of business users or end users and gatekeepers to lay down in their agreements the terms of use including the use of lawful complaints-handling mechanisms, including any use of alternative dispute resolution mechanisms or of the jurisdiction of specific courts in compliance with respective Union and national law This should therefore also be without prejudice to the role gatekeepers play in the fight against illegal content online.
2021/07/09
Committee: IMCO
Amendment 241 #

2020/0374(COD)

Proposal for a regulation
Recital 41
(41) Gatekeepers should not restrict the free choice of end users by technically preventing switching between or subscription to different software applications and services or through product design. Gatekeepers should therefore ensure a free choice irrespective of whether they are the manufacturer of any hardware by means of which such software applications or services are accessed and should not raise artificial technical barriers so as to hamper or make switching impossible or ineffective. The mere offering of a given product or service to end users, including by means of pre- installation, as well the improvement of end user offering, such as better prices or increased quality, would not in itself constitute a barrier to switching.
2021/07/09
Committee: IMCO
Amendment 252 #

2020/0374(COD)

Proposal for a regulation
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-install software applications on its core platform service and thereby favour their own software applications as this inhibits user choice. The only exception shall be pre-installations that are essential for the functioning of the operating system or of the device and which cannot be technically offered on as standalone basis by third-parties.
2021/07/09
Committee: IMCO
Amendment 267 #

2020/0374(COD)

Proposal for a regulation
Recital 48
(48) Gatekeepers are often vertically integrated and offer certain products or services to end users through their own core platform services, or through a business user over which they exercise controlthat it cooperates with, which frequently leads to conflicts of interest. This can include the situation whereby a gatekeeper offers its own online intermediation services through an online search engine. When offering those products or services on the core platform service, gatekeepers can reserve a better position to their own offering, in terms of ranking, as opposed to the products of third parties also operating onusing that core platform service. This can occur for instance with products or services, including other core platform services, which are ranked in the results communicated by online search engines, or which are partly or entirely embedded in search results of online search engines results, groups of results specialised in a certain topic, displayed along with the results of an online search engine, which armay be considered or used by certain end users as a service distinct or additional to the online search engine. Other instances are those ofSuch preferential or embedded display should constitute an inadmissible preference, irrespective of whether the information or results may also be provided by competing services and are as such ranked in a non-discriminatory way. Inadmissible preferencing can also take place in other instances, such as software applications which are distributed through software application stores, or products or services that are given prominence and display in the newsfeed of a social network, or products or services ranked in search results or displayed on an online marketplace, or products or services users are directed to following a request by an end user to a digital voice assistant. In those circumstances, the gatekeeper is in a dual- role position as intermediary for third party providers and as direct provider of products or services of the gatekeeper. Consequently, these gatekeepers have the ability to undermine directly the contestability for those products or services on these core platform services, to the detriment of business users which are not controlled by the gatekeeper.
2021/07/09
Committee: IMCO
Amendment 276 #

2020/0374(COD)

Proposal for a regulation
Recital 49
(49) In such situations, the gatekeeper should not engage in any form of differentiated or preferential treatment in ranking on the core platform service, whether through legal, commercial or technical means, in favour of products or services it offers itself or through a business user which it controlsoperates with. To ensure that this obligation is effective, it should also be ensured that the conditions that apply to such ranking are also generally fair, as well as that business users do have the same access as the gatekeeper to any information resulting from the ranking or any other competition-relevant aspects related to their respective products or services. Ranking should in this context cover all forms of relative prominence, including among others order, display, rating, linking or voice results. In particular, and with regard to digital voice assistants, it should be ensured that the ranking of products and services and thus the,typically single, response to a user’s voice request, must accurately and impartially reflect this request. To ensure that this obligation is effective and cannot be circumvented it should also apply to any measure that may have an equivalent effect to the differentiated or preferential treatment in ranking. The guidelines adopted pursuant to Article 5 of Regulation (EU) 2019/1150 should also facilitate the implementation and enforcement of this obligation.34 _________________ 34Commission Notice: Guidelines on ranking transparency pursuant to Regulation (EU) 2019/1150 of the European Parliament and of the Council (OJ C 424, 8.12.2020, p. 1).
2021/07/09
Committee: IMCO
Amendment 282 #

2020/0374(COD)

Proposal for a regulation
Recital 50
(50) Gatekeepers should not restrict or prevent the free choice of end users by technically preventing switching between or subscription to different software applications and services. This would allow more providers to offer their services, thereby ultimately providing greater choice to the end user. Gatekeepers should ensure a free choice irrespective of whether they are the manufacturer of any hardware by means of which such software applications or services are accessed and shall not raise artificial technical barriers so as to make switching impossible or ineffective. The mere offering of a given product or service to consumers, including by means of pre-installation, as well as the improvement of the offering to end users, such as price reductions or increased quality, should not be construed as constituting a prohibited barrier to switching.
2021/07/09
Committee: IMCO
Amendment 288 #

2020/0374(COD)

Proposal for a regulation
Recital 51
(51) Gatekeepers can hamper the ability of end users to access online content and services including software applications. Therefore, rules should be established to ensure that the rights of end users to access an open internet are not compromised by the conduct of gatekeepers. Gatekeepers can also technically limit the ability of end users to effectively switch between different Internet access service providers, in particular through their control over operating systems or hardware. This distorts the level playing field for Internet access services and ultimately harms end users. It should therefore be ensured that gatekeepers do not unduly restrict end users in choosing their Internet access service provider.
2021/07/09
Committee: IMCO
Amendment 290 #

2020/0374(COD)

Proposal for a regulation
Recital 51 a (new)
(51 a) Interoperability can have a direct positive impact on contestability, fairness on the market and consumer welfare. Thus, interoperability which requires platforms to open up their access point interfaces (APIs) to potential competitors on the market would significantly reduce barriers to entry, as it would grant competitors access to existing networks and allow them to participate therein. This would as well allow competing platforms to offer their internal systems to users whose data lives elsewhere thereby enabling them to chose an equivalent consumer friendly alternative and at the same time enhance contestability.
2021/07/09
Committee: IMCO
Amendment 302 #

2020/0374(COD)

Proposal for a regulation
Recital 56
(56) The value of online search engines to their respective business users and end users increases as the total number of such users increases. Providers of online search engines collect and store aggregated and anonymised datasets containing information about what users searched for, and how they interacted with, the results that they were served. Providers of online search engine services collect these data from searches undertaken on their own online search engine service and, where applicable, searches undertaken on the platforms of their downstream commercial partners. Access by gatekeepers to such ranking, query, click and view data constitutes an important barrier to entry and expansion, which undermines the contestability of online search engine services. Gatekeepers should therefore be obliged to provide access, on fair, reasonable and non-discriminatory terms, to these ranking, query, click and view data in relation to free and paid search generated by consumers on online search engine services to other providers of such services, so that these third-party providers can optimise their services and contest the relevant core platform services. Such access should also be given to third parties contracted by a search engine provider, who are acting as processors of this data for that search engine. When providing access to its search data, a gatekeeper should ensure the protection of the personal data of end users by appropriate means, without substantially degrading the quality or usefulness of the data.
2021/07/09
Committee: IMCO
Amendment 310 #

2020/0374(COD)

Proposal for a regulation
Recital 57
(57) In particular gatekeepers which provide access to software application storeCore platform services offered by gatekeepers serve as an important gateway for business users that seek to reach end users. In view of the imbalance in bargaining power between those gatekeepers and business users of their software application stores, those gatekeepers should not be allowed to impose general conditions, including pricing conditions, that would be unfair or lead to unjustified differentiation. Pricing or other general access conditions should be considered unfair if they lead to an imbalance of rights and obligations imposed on business users or confer an advantage on the gatekeeper which is disproportionate to the service provided by the gatekeeper to business users or lead to a disadvantage for business users in providing the same or similar services as the gatekeeper. The following benchmarks can serve as a yardstick to determine the fairness of general access conditions: prices charged or conditions imposed for the same or similar services by other providers of software application storesthe relevant core platform service; prices charged or conditions imposed by the provider of the software application storegatekeeper for different related or similar services or to different types of end users; prices charged or conditions imposed by the provider of the software application store for the same service in different geographic regions; prices charged or conditions imposed by the provider of the software application storegatekeeper for the same service the gatekeeper offers to itself. This obligation should not establish an access right and it should be without prejudice to the ability of providers of software application stores to take the required responsibility in the fight against illegal and unwanted content as set out in Regulation [Digital Services Act]. This obligation shall ensure that access conditions to core platform services are also fair and non-discriminatory for end- users.
2021/07/09
Committee: IMCO
Amendment 316 #

2020/0374(COD)

Proposal for a regulation
Recital 58
(58) 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 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, to furthertechnically specify some of the measures that the gatekeeper concerned should adopt in order to effectively comply with those obligations that are susceptible of being further specifiedtechnically implement those obligations. This possibility of a regulatory dialogue should facilitate compliance by gatekeepers and expedite the correct implementation of the Regulation and should by no means constitute grounds to assume thatthe gatekeeper may invoke an efficiency defence. In order ensure the exante effects on fairness and contestability of markets and for the sake of legal certainty, it is essential that the Commission takes compliance decisions within legally binding deadlines.
2021/07/09
Committee: IMCO
Amendment 326 #

2020/0374(COD)

Proposal for a regulation
Recital 60
(60) In exceptional circumstances justified on the limited grounds of public morality, public health or public security, the Commission should be able to decide that the obligation concerned does not apply to a specific core platform service. Affecting these public interests can indicate that the cost to society as a whole of enforcing a certain obligation would in a certain exceptional case be too high and thus disproportionate. The regulatory dialogue to facilitate compliance with limited and duly justified suspension and exemption possibilities should ensure the proportionality of the obligations in this Regulation without undermining the intended ex ante effects on fairness and contestability.
2021/07/09
Committee: IMCO
Amendment 329 #

2020/0374(COD)

Proposal for a regulation
Recital 61
(61) The data protection and privacy interests of end users are relevant to any assessment of potential negative effects of the observed practice of gatekeepers to collect and accumulate large amounts of data from end users. EIn order to ensuringe an adequate level of transparency of profiling practices employed by gatekeepers facilitates contestability of core platform services, by puttingdata and consumer protection, external pressure should be put on gatekeepers to prevent making deep consumer profiling the industry standard, in particular given that potential entrants or start-up providers cannot access data to the same extent and depth, and at a similar scale. Enhanced transparency should allow other providers of core platform services to differentiate themselves better through the use of superior privacy guaranteeing facilities. To ensure a minimum level of effectiveness of this transparency obligation, gProviders of core platform services should commit to superior privacy guaranteeing facilities. Businessmodels that are based on the commercial tracking and profiling of consumers should be proscribed. To that end the mixing of data from different services should be prohibited. Gatekeepers should at least provide a description of the basis upon which profiling is performed, including whether personal data and data derived from user activity is relied on, the processing applied, the purpose for which the profile is prepared and eventually used, the impact of such profiling on the gatekeeper’s services, and the steps taken to enable end users to be aware of the relevant use of such profiling, as well as to seek their consent. Suchinformation should be shared with other relevant enforcement authorities, in particular Data Protection Authorities.
2021/07/09
Committee: IMCO
Amendment 332 #

2020/0374(COD)

Proposal for a regulation
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. Such assessment should be based on market investigations to be run in an appropriate timeframe, by using clear procedures and legally binding 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.
2021/07/09
Committee: IMCO
Amendment 339 #

2020/0374(COD)

Proposal for a regulation
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 of systematic buy of growing companies, 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 entitled to require changes to the imposed remedies if, following an investigation, it finds that the remedies are not effective to ensure compliance by the gatekeeper with its obligations laid down in Articles 5 or 6.
2021/07/09
Committee: IMCO
Amendment 342 #

2020/0374(COD)

Proposal for a regulation
Recital 65
(65) The services and practices in core platform services and markets in which these intervene can change quickly and to a significant extent. To ensure that this Regulation remains up to date and constitutes an effective and holistic regulatory response to the problems posed by gatekeepers, it is important to provide for a regular review of the lists of core platform services as well as of the obligations provided for in this Regulation. This is particularly important to ensure that behaviour that may limit the contestability of core platform services or is unfair is identified. While it is important to conduct a review on a regular basis, given the dynamically changing nature of the digital sector, in order to ensure legal certainty as to the regulatory conditions, any reviews should be conducted within a reasonable and appropriate time-frame. Market investigations should also ensure that the Commission has a solid evidentiary basis on which it can assess whether it should propose to amend this Regulation in order to expand, or further detail, the lists of core platform services. They should equally ensure that the Commission has a solid evidentiary basis on which it can assess whether it should propose to amend the obligations laid down in this Reguldopt a delegated act updating such obligations. Such an update should only enable the Commission to add new obligations or whether it should adopt a delegated act updating such obligaprohibitions to this Regulation but not to eliminate current obligations or prohibitions.
2021/07/09
Committee: IMCO
Amendment 345 #

2020/0374(COD)

Proposal for a regulation
Recital 66
(66) In the event that gatekeepers engage in behaviour that is unfair or that limits the contestability of the core platform services that are already designated under this Regulation but without these behaviours being explicitly covered by the obligations, the Commission should be able to update this Regulation through delegated acts. Such updates by way of delegated act should be subject to the same investigatory standard and therefore following a market investigation. The Commission should also apply a predefined standard in identifying such behaviours. This legal standard should ensure that the type of obligations that gatekeepers may at any time face under this Regulation are sufficiently predictable.
2021/07/09
Committee: IMCO
Amendment 350 #

2020/0374(COD)

Proposal for a regulation
Recital 67
(67) Where, in the course of a proceeding into non-compliance or an investigation into systemic non- compliance, a gatekeeper offers commitments to the Commission, the latter should be able to adopt a decision making these commitments binding on the gatekeeper concerned, where it finds that the commitments ensure effective compliance with the obligations of this Regulation. This decision should also find that there are no longer grounds for action by the Commission. If following an investigation, the commitments prove ineffective, the Commission shall be entitled to propose changes to the commitments to ensure its effectiveness.
2021/07/09
Committee: IMCO
Amendment 354 #

2020/0374(COD)

Proposal for a regulation
Recital 68
(68) In order to ensure effective implementation and compliance with this Regulation, the Commission, supported by the Member States, should have strong investigative and enforcement powers, to allow it to investigate, enforce and monitor the rules laid down in this Regulation, while at the same time ensuring the respect for the fundamental right to be heard and to have access to the file in the context of the enforcement proceedings. The Commission should dispose of these investigative powers also for the purpose of carrying out market investigations for the purpose of updating and reviewing this Regulation.
2021/07/09
Committee: IMCO
Amendment 359 #

2020/0374(COD)

Proposal for a regulation
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. The Commission should set up rotating auditor teams with members from different organisations and backgrounds in order to strike a balance between obtaining institutional knowledge and experience on the one hand and avoiding regulatory capture on the other hand. The teams should rotate and be regularly restructured to achieve a proper balance between experience and modernity. Rotating teams of auditors are more difficult to capture than single persons. This should apply as well to any external independent control authority. Auditors or staff from any external independent control authority should also be subject to an appropriate “cooling off” period.
2021/07/09
Committee: IMCO
Amendment 364 #

2020/0374(COD)

Proposal for a regulation
Recital 74 a (new)
(74 a) Consumers should be entitled to enforce their rights in relation to the obligations imposed on gatekeepers under this Regulation through collective redress actions in accordance with Directive (EU) 2020/1818.
2021/07/09
Committee: IMCO
Amendment 386 #

2020/0374(COD)

Proposal for a regulation
Article 1 – paragraph 1
1. This Regulation lays down harmonised rules ensuring contestable and fair markets for both business users and end users, in the digital sector across the Union where gatekeepers are present.
2021/07/09
Committee: IMCO
Amendment 403 #

2020/0374(COD)

Proposal for a regulation
Article 1 – paragraph 6
6. This Regulation is without prejudice to the application of Articles 101 and 102 TFEU. It is also without prejudice to the application of: national rules prohibiting anticompetitive agreements, decisions by associations of undertakings, concerted practices and abuses of dominant positions; national competition rules prohibiting other forms of unilateral conduct insofar as they are applied to undertakings other than gatekeepers or amount to imposing additional obligations on gatekeepers; Council Regulation (EC) No 139/200438 and national rules concerning merger control; Regulation (EU) 2019/1150 and Regulation (EU) …./.. of the European Parliament and of the Council39 . It is as well without prejudice to Regulation (EU) 2019/1150; Regulation (EU) 2016/679; Directive 2002/58 and Directive 2005/29/EC of the European Parliament and of the Council and Council Directive 93/13/EEC. _________________ 38Council Regulation (EC) No 139/2004 of 20 January 2004 on the control of concentrations between undertakings (the EC Merger Regulation) (OJ L 24, 29.1.2004, p. 1). 39Regulation (EU) …/.. of the European Parliament and of the Council – proposal on a Single Market For Digital Services (Digital Services Act) and amending Directive 2000/31/EC.
2021/07/09
Committee: IMCO
Amendment 413 #

2020/0374(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 2 – introductory part
(2) ‘Core platform service’ means a widespread and commonly used digital service that intermediates between business users and end users or within either group and is provided by a multi- sided platform service provider that can but does not have to be multi sided, such as any of the following:
2021/07/09
Committee: IMCO
Amendment 415 #
2021/07/09
Committee: IMCO
Amendment 416 #

2020/0374(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 2 – point c a (new)
(c a) online on-demand audiovisual services;
2021/07/09
Committee: IMCO
Amendment 417 #

2020/0374(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 2 – point c b (new)
(c b) online on-demand audio media services;
2021/07/09
Committee: IMCO
Amendment 418 #
2021/07/09
Committee: IMCO
Amendment 419 #

2020/0374(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 2 – point d b (new)
(d b) mobile payment services;
2021/07/09
Committee: IMCO
Amendment 424 #

2020/0374(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 2 – point g
(g) software as a service including cloud computing services;
2021/07/09
Committee: IMCO
Amendment 446 #

2020/0374(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 6 a (new)
(6 a) ‘Webbrowser’ means software used by users of client PCs, smart mobile devices and other devices to access and interact with web content hosted on servers that are connected to networks such as the Internet, including standalone web browsers as well as web browsers integrated or embedded in software or similar;
2021/07/09
Committee: IMCO
Amendment 447 #

2020/0374(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 7 a (new)
(7 a) ‘Online on-demand audiovisual service’ means a service as defined in point (g)of Article 1(1) of Directive (EU) 2010/13;
2021/07/09
Committee: IMCO
Amendment 448 #

2020/0374(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 7 b (new)
(7 b) ‘Online on-demand audio media service’ (i.e. a non-linear audio media service) means an audio media service provided by a media service provider for the listening of programmes at the moment chosen by the user and at his individual request on the basis of a catalogue of programmes selected by the media service provider;
2021/07/09
Committee: IMCO
Amendment 449 #

2020/0374(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 8 a (new)
(8 a) ‘Voice assistants’ means software that responds to oral or written commands and performs tasks such as executing search queries, accessing and interacting with other digital services on behalf of the end user;
2021/07/09
Committee: IMCO
Amendment 450 #

2020/0374(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 8 b (new)
(8 b) ‘Mobile payment service’ means a payment service operated under financial regulation and performed from or via a mobile device;
2021/07/09
Committee: IMCO
Amendment 457 #

2020/0374(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 10 a (new)
(10 a) ‘software as a service’ means a method of software delivery in which software is accessed online via a subscription;
2021/07/09
Committee: IMCO
Amendment 475 #

2020/0374(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 18
(18) ‘Ranking’ means the relative prominence given to goods or services offered through online intermediation services or online social networking services, or the relevance given to search results by online search engines, as presented, organised or communicated by the providers of online intermediation services or of online social networkingcore platform services or by providers of online search engines, respectively, whatever, irrespective of the technological means used for such presentation, organisation or communication;
2021/07/09
Committee: IMCO
Amendment 478 #

2020/0374(COD)

(18 a) ’Search results’ means any information in any format, including texts, graphics, voice or other output, returned by core platform services provider in response and related to a written or oral search query, irrespective of whether the information is an organic result, a paid result, a direct answer or any product, service or information offered in connection with, or displayed along with, or partly or entirely embedded in, the organic results;
2021/07/09
Committee: IMCO
Amendment 485 #

2020/0374(COD)

(23 a) 'overriding reasons of public interest’ means reasons recognised as such in the case law of the Court of Justice, including the following grounds: public policy; public security; public safety; public health; preserving the financial equilibrium of the social security system; the protection of consumers, recipients of services and workers; fairness of trade transactions; combating fraud; the protection of the environment;
2021/07/09
Committee: IMCO
Amendment 492 #

2020/0374(COD)

Proposal for a regulation
Article 3 – paragraph 1 – introductory part
1. A provider of core platform services shall be designated as gatekeeper if one of the following three criteria are met:
2021/07/09
Committee: IMCO
Amendment 494 #

2020/0374(COD)

Proposal for a regulation
Article 3 – paragraph 1 – introductory part
1. A provider of core platform services ishall be designated as gatekeeper if:
2021/07/09
Committee: IMCO
Amendment 495 #

2020/0374(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point b
(b) it operates a core platform service which serves as an important gateway for business users to reach endor end users to reach other end users or business users; and
2021/07/09
Committee: IMCO
Amendment 497 #

2020/0374(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point b
(b) it operates a core platform service which serves as an important gateway for business users to reach end users; andor
2021/07/09
Committee: IMCO
Amendment 501 #

2020/0374(COD)

Proposal for a regulation
Article 3 – paragraph 2 – introductory part
2. A provider of core platform services shall be presudeemed to satisfy:
2021/07/09
Committee: IMCO
Amendment 503 #

2020/0374(COD)

Proposal for a regulation
Article 3 – paragraph 2 – point a
(a) the requirement in paragraph 1 point (a) where the undertaking to which it belongs achieves an annual EEA turnover equal to or above EUR 6.5 billion in the last three financial years, or where the average market capitalisation or the equivalent fair market value of the undertaking to which it belongs amounted to at least EUR 65 billion in the last financial year, and it provides a core platform service in at least three Member States;
2021/07/09
Committee: IMCO
Amendment 505 #

2020/0374(COD)

Proposal for a regulation
Article 3 – paragraph 2 – point a
(a) the requirement in paragraph 1 point (a) where the undertaking to which it belongs achieves an annual EEA turnover equal to or above EUR 6.5 billion in the last threewo financial years, or where the average market capitalisation or the equivalent fair market value of the undertaking to which it belongs amounted to at least EUR 650 billion in the last financial year, and it provides a core platform service in at least three Member States;
2021/07/09
Committee: IMCO
Amendment 510 #

2020/0374(COD)

Proposal for a regulation
Article 3 – paragraph 2 – point b – introductory part
(b) the requirement in paragraph 1 point (b) where it provides a core platform service that has more than 4523 million monthly active end users established or located in the Union across all of its core platform services and more than 107 000 yearly active business users established in the Union during the last financial year;
2021/07/09
Committee: IMCO
Amendment 511 #

2020/0374(COD)

Proposal for a regulation
Article 3 – paragraph 2 – point b – introductory part
(b) the requirement in paragraph 1 point (b) where it provides a core platform service that has more than 4523 million monthly active end users established or located in the Union and more than 105 000 yearly active business users established in the Union in the last financial year;
2021/07/09
Committee: IMCO
Amendment 518 #

2020/0374(COD)

Proposal for a regulation
Article 3 – paragraph 2 – point c
(c) the requirement in paragraph 1 point (c) where the thresholds in point (b) were met in each of the last threewo financial years.
2021/07/09
Committee: IMCO
Amendment 520 #

2020/0374(COD)

Proposal for a regulation
Article 3 – paragraph 2 – point c
(c) the requirement in paragraph 1 point (c) where the thresholds in point (b) were met in each of the last threewo financial years.
2021/07/09
Committee: IMCO
Amendment 522 #

2020/0374(COD)

Proposal for a regulation
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 three 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 whenevbe considered as a gatekeeper and shall comply with all its obligations under other core platform services individually meet the thresholds in paragraph 2 point (b)urrent Regulation.
2021/07/09
Committee: IMCO
Amendment 527 #

2020/0374(COD)

Proposal for a regulation
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 three month45 days 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).
2021/07/09
Committee: IMCO
Amendment 529 #

2020/0374(COD)

Proposal for a regulation
Article 3 – paragraph 3 – subparagraph 1
A failure by a relevant provider of core platform services to notify the required information pursuant to this paragraph shall not prevent the Commission from designating these providers as gatekeepers pursuant to paragraph 4 at any time.deleted
2021/07/09
Committee: IMCO
Amendment 531 #

2020/0374(COD)

Proposal for a regulation
Article 3 – paragraph 3 – subparagraph 1
A failure by a relevant provider of core platform services to notify the required information pursuant to this paragraph shall not prevent the Commission from designating these providers as gatekeepers pursuant to paragraph 4 at any time. and lead to periodic penalty payments pursuant to Article 27.
2021/07/09
Committee: IMCO
Amendment 532 #

2020/0374(COD)

4. The Commission shall, without undue delay and at the latest 60 days after receiving the complete information referred to in paragraph 3, designate the provider of core platform services that meets all the thresholds of paragraph 2 as a gatekeeper, unless that provider, with its notification, presents sufficiently substantiated arguments to demonstrate that, in the circumstances in which the relevant core platform service operates, and taking into account the elements listed in paragraph 6, the provider does not satisfy the requirements of paragraph 1. Where the gatekeeper presents such sufficiently substantiated arguments to demonstrate that it does not satisfy the requirements of paragraph 1, the Commission shall apply paragraph 6 to assess whether the criteria in paragraph 1 are met.deleted
2021/07/09
Committee: IMCO
Amendment 536 #

2020/0374(COD)

Proposal for a regulation
Article 3 – paragraph 4 – introductory part
4. The Commission shall, without undue delay and at the latest 6045 days after receiving the complete information referred to in paragraph 3, designate the provider of core platform services that meets all the thresholds of paragraph 2 as a gatekeeper, unless that provider, with its notification, presents sufficiently substantiated arguments to demonstrate that, in the circumstances in which the relevant core platform service operates, and taking into account the elements listed in paragraph 6, the provider does not satisfy the requirements of paragraph 1.
2021/07/09
Committee: IMCO
Amendment 540 #

2020/0374(COD)

Proposal for a regulation
Article 3 – paragraph 4 – subparagraph 1
Where the gatekeeper presents such sufficiently substantiated arguments to demonstrate that it does not satisfy the requirements of paragraph 1, the Commission shall apply paragraph 6 to assess whether the criteria in paragraph 1 are met.deleted
2021/07/09
Committee: IMCO
Amendment 550 #

2020/0374(COD)

Proposal for a regulation
Article 3 – paragraph 6 – subparagraph 1 – point a
(a) the size, including turnover and market capitalisation, operations and position of the provider of core platform services as well as the market share in the relevant market;
2021/07/09
Committee: IMCO
Amendment 556 #

2020/0374(COD)

Proposal for a regulation
Article 3 – paragraph 6 – subparagraph 1 – point e
(e) entrenched lack of choice, business user or end user dependency or lock-in;
2021/07/09
Committee: IMCO
Amendment 571 #

2020/0374(COD)

Proposal for a regulation
Article 3 – paragraph 7
7. For each gatekeeper identified pursuant to paragraph 41 or identified pursuant to paragraph 6, the Commission shall identify the relevant undertaking to which it belongs and list the relevant core platform services that are provided within that same undertaking and which individually serve as an important gateway for business users to reach end users as referred to in paragraph 1(b).
2021/07/09
Committee: IMCO
Amendment 573 #

2020/0374(COD)

Proposal for a regulation
Article 3 – paragraph 8
8. The gatekeeper shall comply with the obligations laid down in Articles 5 and 6 within sixas soon as possible, and in any case no later than two months after a core platform service has been included in the list pursuant to paragraph 7 of this Article. If a gatekeeper fails to comply with the obligations within these 2 months, Articles 25 and 26 are applicable.
2021/07/09
Committee: IMCO
Amendment 581 #

2020/0374(COD)

Proposal for a regulation
Article 3 – paragraph 8
8. The gatekeeper shall comply with the obligations laid down in Articles 5 and 6 within sixtwo months after a core platform service has been included in the list pursuant to paragraph 7 of this Article.
2021/07/09
Committee: IMCO
Amendment 585 #

2020/0374(COD)

Proposal for a regulation
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. Furthermore, the Commission shall regularly, and at least every 12 months, examine whether new providers of core platform services, regardless of their country of establishment, satisfy those requirements. The regular review shall also examine whether the list of affected core platform services of the gatekeeper needs to be adjusted.
2021/07/09
Committee: IMCO
Amendment 586 #

2020/0374(COD)

Proposal for a regulation
Article 4 – paragraph 2 – introductory part
2. The Commission shall regularly, and at least every 24 years, review whether the in line with Article 3 (6) designated gatekeepers continue to satisfy the requirements laid down in Article 3(1), oand at least every year 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. The review shall not have any suspending effect on the obligations.
2021/07/09
Committee: IMCO
Amendment 590 #

2020/0374(COD)

Proposal for a regulation
Article 4 – paragraph 3
3. The Commission shall publish and update the list of gatekeepers and the list of the core platform services for which they need to comply with the obligations laid down in Articles 5 and 6 on an on-going basis. To this end, the Commission should publish an annual report with findings of their monitoring activities and examinations, which is to be presented in front of and discussed with the European Parliament and the Union’s Member States.
2021/07/09
Committee: IMCO
Amendment 591 #

2020/0374(COD)

Proposal for a regulation
Article 4 – paragraph 3
3. The Commission shall publish and update the list of gatekeepers and the list of the core platform services for which they need to comply with the obligations laid down in Articles 5 and 6 on an on-going basis. The Commission shall publish an annual report setting out the findings of its monitoring activities and present it to the European Parliament and the Council of the European Union.
2021/07/09
Committee: IMCO
Amendment 601 #

2020/0374(COD)

Proposal for a regulation
Article 5 – paragraph 1 – point a
(a) refrain fromnot combininge personal data sourced from these core platform services with personal data from the same core platform service and any other services offered by the gatekeeper or with personal data from third-party services, and fromnot signing in end users to other services of the gatekeeper in order to combine personal data, unless the end user has been presented with the specific choice and provided consent in the sense of Regulation (EU) 2016/679. ;
2021/07/09
Committee: IMCO
Amendment 617 #

2020/0374(COD)

Proposal for a regulation
Article 5 – paragraph 1 – point b
(b) allow business users to offer the same products or services to end users through third party online intermediation services or its own online services at prices or conditions that are different from those offered through the online intermediation services of the gatekeeper;
2021/07/09
Committee: IMCO
Amendment 651 #

2020/0374(COD)

Proposal for a regulation
Article 5 – paragraph 1 – point e
(e) refrain fromnot requiringe business users nor end users to use, offer or interoperate with an identificationcillary services of the gatekeeper in the context of services offered by the business users using the core platform services of that gatekeeper;
2021/07/09
Committee: IMCO
Amendment 662 #

2020/0374(COD)

Proposal for a regulation
Article 5 – paragraph 1 – point f
(f) refrain fromnot requiringe business users or end users to 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) as a condition to access, sign up or register to any of their core platform services identified pursuant to that Article nor achieving the same result through product design;
2021/07/09
Committee: IMCO
Amendment 674 #

2020/0374(COD)

Proposal for a regulation
Article 5 – paragraph 1 – point g
(g) provide advertisers and publishers to which it supplies advertising services, upon their request, with complete information concerning the price paid by the advertiser and publisher,-setting mechanisms and schemes for the calculation of the fees as well as the price and fees paid by the advertiser and publisher, including any deductions and surcharges 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.
2021/07/09
Committee: IMCO
Amendment 693 #

2020/0374(COD)

Proposal for a regulation
Article 5 – paragraph 1 – point g a (new)
(g a) not use, any data that has been generated in the relationship between business users and end users, and that is not also available to the business user itself; this includes not using such data to launch products or services that compete with the products or services offered by their business users;
2021/07/09
Committee: IMCO
Amendment 700 #

2020/0374(COD)

Proposal for a regulation
Article 5 – paragraph 1 – point g b (new)
(g b) not install any pre-installed software applications on its core platform service without prejudice to the possibility for a gatekeeper to do such pre- 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;
2021/07/09
Committee: IMCO
Amendment 707 #
2021/07/09
Committee: IMCO
Amendment 709 #

2020/0374(COD)

Proposal for a regulation
Article 6 – paragraph 1 – point a
(a) refrain from using, in competition with business users, any data not publicly available, which is generated through activities by those business users, including by the end users of these business users, of its core platform services or provided by those business users of its core platform services or by the end users of these business users;deleted
2021/07/09
Committee: IMCO
Amendment 718 #

2020/0374(COD)

Proposal for a regulation
Article 6 – paragraph 1 – point b
(b) allow end users to un-install any pre-installed software applications 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;deleted
2021/07/09
Committee: IMCO
Amendment 729 #

2020/0374(COD)

Proposal for a regulation
Article 6 – paragraph 1 – point c
(c) allow the installation, default setting by business users and end users 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 end user shall be required to decide which application or application store should become the default. 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 provided that the gatekeeper can prove that such measures are necessary, proportionate and justified to safeguard the integrity of the hardware or operating system;
2021/07/09
Committee: IMCO
Amendment 752 #

2020/0374(COD)

Proposal for a regulation
Article 6 – paragraph 1 – point d
(d) refrain fromnot treating more favourably in ranking services and, products and settings 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 transparent, fair and non-discriminatory conditions to such rankingthird party services and products;
2021/07/09
Committee: IMCO
Amendment 766 #

2020/0374(COD)

Proposal for a regulation
Article 6 – paragraph 1 – point e
(e) refrain fromnot 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;
2021/07/09
Committee: IMCO
Amendment 774 #

2020/0374(COD)

Proposal for a regulation
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 servicesof those services while guaranteeing a high level of security and personal data protection;
2021/07/09
Committee: IMCO
Amendment 785 #

2020/0374(COD)

Proposal for a regulation
Article 6 – paragraph 1 – point g
(g) provide advertisers and publishers, upon their request and free of charge, with access to the performance measuring tools of the gatekeeper and provide for entire disclosure and transparency of the parameters and data used for decision making, execution and measurement of the intermediation services. A gatekeeper shall further provide, free of charge, complete and the information necessary for advertisers and publishers to carry out their own independent high-quality and real- time evaluation of intermediation services, including verification of the ad inventory;
2021/07/09
Committee: IMCO
Amendment 794 #

2020/0374(COD)

Proposal for a regulation
Article 6 – paragraph 1 – point h
(h) provideimplement appropriate technical and organisational measures for ensuring effective portability of data generated through the activity of a business user or end user and shall, in particular, provide tools for end users to facilitate the exercise of data portability that is adequate, relevant and limited to what is necessary, in line with Regulation EU 2016/679, including by the provision of continuous and real-time access ;
2021/07/09
Committee: IMCO
Amendment 802 #

2020/0374(COD)

Proposal for a regulation
Article 6 – paragraph 1 – point i
(i) provide business users and end users, or third parties authorised by a business user or end user, free of charge, in a user friendly manner 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 in line with the principles of purpose limitation and data minimisation, and when the end user opts in to such sharing with a consent in the sense of the Regulation (EU) 2016/679; ;
2021/07/09
Committee: IMCO
Amendment 809 #

2020/0374(COD)

Proposal for a regulation
Article 6 – paragraph 1 – point j
(j) provide to any third party providers of online search engines, upon their request, with access on fair, reasonable and non-discriminatory terms to ranking, query, click and view data in relation to free and paid search generated by end users on online search engines of the gatekeeper, subject to anonymisation for the ranking, query, click and view data that constitutes personal data;
2021/07/09
Committee: IMCO
Amendment 815 #

2020/0374(COD)

Proposal for a regulation
Article 6 – paragraph 1 – point k
(k) apply fair and non-discriminatory general conditions of access for business users and end users to any of its core platform services by default through implementing appropriate technical and organisational measures to its software application store designated pursuant to Article 3 of this Regulation.
2021/07/09
Committee: IMCO
Amendment 825 #

2020/0374(COD)

Proposal for a regulation
Article 6 – paragraph 1 – point k a (new)
(k a) refrain from practices that obstruct the option to unsubscribe from a core platform service, whereas the subscription is easily facilitated. In practice, both processes shall be equally demanding for business and end users.
2021/07/09
Committee: IMCO
Amendment 833 #

2020/0374(COD)

Proposal for a regulation
Article 6 – paragraph 1 a (new)
1 a. The susceptibility of further technical specification is limited to the explicit cases mentioned in Article 6. Affected third parties that hava a legitimate interest should be part of the regulatory dialogue.
2021/07/09
Committee: IMCO
Amendment 835 #

2020/0374(COD)

Proposal for a regulation
Article 6 – paragraph 2
2. For the purposes of point (a) of paragraph 1 data that is not publicly available shall include any aggregated and non-aggregated data generated by business users that can be inferred from, or collected through, the commercial activities of business users or their customers on the core platform service of the gatekeeper. The Commission is required to publish the technical specifications for individual gatekeepers, without prejudice to business secrets.
2021/07/09
Committee: IMCO
Amendment 840 #

2020/0374(COD)

Proposal for a regulation
Article 7 – paragraph 1
1. The measures implemented by the gatekeeper to ensure full compliance with the obligations laid down in Articles 5 and 6 shall be effective in achieving the objective of the relevant obligation. The gatekeeper shall be responsible for, and be able to demonstrate full compliance with these obligations (‘accountability’). The burden of proof regarding the efficiency lies on the gatekeeper. The gatekeeper shall demonstrate which measures have been taken to comply with these obligations. The gatekeeper shall ensure that these measures are implemented in compliance with Regulation (EU) 2016/679 and Directive 2002/58/EC, and with legislation on cyber security, consumer protection and product safety.
2021/07/09
Committee: IMCO
Amendment 858 #

2020/0374(COD)

Proposal for a regulation
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 by decision specify the measures that the gatekeeper concerned shall implement. The Commission shall adopt such a decision within sixthree months from the opening of proceedings pursuant to Article 18.
2021/07/09
Committee: IMCO
Amendment 874 #

2020/0374(COD)

Proposal for a regulation
Article 7 – paragraph 4
4. In view of adopting the decision under paragraph 2, the Commission shall communicate its preliminary findings within three monthsix weeks 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.
2021/07/09
Committee: IMCO
Amendment 884 #

2020/0374(COD)

Proposal for a regulation
Article 7 – paragraph 7
7. A gatekeeper may request within the implementation deadline of Article 3 paragraph 8the opening of proceedings pursuant to Article 18 for the Commission to determine whether the measures that the gatekeeper intends to implement or has implemented under Article 6 are effective in achieving the objective of the relevant obligation in the specific circumstances. A gatekeeper may, with its request, provide a reasoned submission to explain in particular why the measures that it intends to implement or has implemented are effective in achieving the objective of the relevant obligation in the specific circumstances. The Commission shall adopt its decision within six months from the opening of proceedings pursuant to Article 18.
2021/07/09
Committee: IMCO
Amendment 891 #

2020/0374(COD)

Proposal for a regulation
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 and accompany this by a reasoned statement explaining the grounds for the suspension.
2021/07/09
Committee: IMCO
Amendment 904 #

2020/0374(COD)

Proposal for a regulation
Article 9 – paragraph 1
1. The Commission may, acting on a reasoned request by a gatekeeper or on its own initiative, by decision adopted in accordance with the advisory procedure referred to in Article 32(4), exempt it, in whole or in part, from a specific obligation laid down in Articles 5 and 6 in relation to an individual core platform service identified pursuant to Article 3(7), where such exemption is justified on the grounds set out in paragraph 2 of this Article. The Commission shall adopt the exemption decision at the latest 3 months after receiving a complete reasoned request and accompany by a reasoned statement explaining the grounds for the suspension.
2021/07/09
Committee: IMCO
Amendment 913 #

2020/0374(COD)

Proposal for a regulation
Article 10 – paragraph 1
1. The Commission is empowered to adopt delegated acts in accordance with Article 34 to update the obligations laid down in Articles 5 and 6 where, based on a market investigation pursuant to Article 17, it has identified the need for new additional obligations addressing practices that limit the contestability of core platform services or are unfair in the same way as the practices addressed by the obligations laid down in Articles 5 and 6. Suchan update should only enable the Commission to add new obligations or prohibitions to this Regulation but not to eliminate current obligations or prohibitions.
2021/07/09
Committee: IMCO
Amendment 934 #

2020/0374(COD)

Proposal for a regulation
Article 11 – paragraph 1
1. A gatekeeper shall ensure that the obligations of Articles 5 and 6 are fully and effectively complied with by the gatekeeper themselves as well as undertakings which they belong. 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 the undertaking to which the gatekeeper belongs, regardless of whether this behaviour is of a contractual, commercial, technical or any other nature.
2021/07/09
Committee: IMCO
Amendment 944 #

2020/0374(COD)

Proposal for a regulation
Article 11 – paragraph 2
2. Where consent for collecting and, processing and sharing of personal data is required to ensure compliance with this Regulation, a gatekeeper shall take the necessary steps to either enable business users to directly obtain the required consent to their processing, where required under Regulation (EU) 2016/679 and Directive 2002/58/EC, or to comply with Union data protection and privacy rules and principles in other ways including by providing business users with duly anonymised data where appropriate. The gatekeeper shall not make the obtaining of this consent by the business user more burdensome than for its own services.
2021/07/09
Committee: IMCO
Amendment 949 #

2020/0374(COD)

Proposal for a regulation
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 through the use of “dark patterns” or manipulative choice architecturs.
2021/07/09
Committee: IMCO
Amendment 950 #

2020/0374(COD)

Proposal for a regulation
Article 11 – paragraph 3 a (new)
3a. A gatekeeper shall not use manipulative choice architectures in order to obstruct or dissuade end users from switching to software applications and services, engage in practices that aim at preventing the de-installation of pre- installed apps by purposely increasing their technical integration with other system components, nor directly or indirectly circumvent any of the obligations laid down in Articles 5 and 6 .
2021/07/09
Committee: IMCO
Amendment 952 #
2021/07/09
Committee: IMCO
Amendment 953 #

2020/0374(COD)

Proposal for a regulation
Article 12 – paragraph 1 – introductory part
1. A gatekeeper shall informnotify the Commission of any intended concentration within the meaning of Article 3 of Regulation (EC) No 139/2004 involving another provider of core platform services or of any other services provided in the digital sector irrespective of whether it is notifiable to a Union competition authority under Regulation (EC) No 139/2004 or to a competent national competition authority under national merger rules.
2021/07/09
Committee: IMCO
Amendment 958 #

2020/0374(COD)

Proposal for a regulation
Article 12 – paragraph 1 – subparagraph 1
A gatekeeper shall inform the Commission of such a concentration prior to its implementation and following the conclusion of the agreement, the announcement of the public bid, or the acquisition of a controlling interest. Regulation (EC) No 139/2004 applies to these concentrations, with the exception of the provisions on turnover thresholds (Article 1).
2021/07/09
Committee: IMCO
Amendment 959 #

2020/0374(COD)

Proposal for a regulation
Article 12 – paragraph 1 – subparagraph 1
A gatekeeper shall informnotify the Commission of such a concentration prior to its implementation and following the conclusion of the agreement, the announcement of the public bid, or the acquisition of a controlling interest, in accordance with the procedure set out in Regulation (EC) No 139/2004.
2021/07/09
Committee: IMCO
Amendment 963 #

2020/0374(COD)

Proposal for a regulation
Article 12 – paragraph 2
2. The notification pursuant to paragraph 1 shall at least describe for the acquisition targets their EEA and worldwide annual turnover, for any relevant core platform services their respective EEA annual turnover, their number of yearly active business users and the number of monthly active end users, as well as the rationale of the intended concentration, and its potential impact on the rights and interests of business users and end users.
2021/07/09
Committee: IMCO
Amendment 968 #

2020/0374(COD)

Proposal for a regulation
Article 12 – paragraph 3 a (new)
3a. The information gathered pursuant this Article may be used in parallel competition cases, especially for purposes of merger control.
2021/07/09
Committee: IMCO
Amendment 970 #

2020/0374(COD)

Proposal for a regulation
Article 12 – paragraph 3 b (new)
3b. If an undertaking is to be considered a gatekeeper according to Article 3 of this Regulation for longer than 2 years, any concentration shall be forbidden, unless it is compatible with the internal market because it does not impede effective competition; the burden of proof for compatibility with the internal market lies on the gatekeeper.
2021/07/09
Committee: IMCO
Amendment 972 #

2020/0374(COD)

Proposal for a regulation
Article 13 – paragraph 1
Within six months after its designation pursuant to Article 3, a gatekeeper shall submit to the Commission an independently audited description of any techniques for profiling of consumers that the gatekeeper applies to or across its core platform services identified pursuant to Article 3. This description shall be updated at least annually. The description shall also include information on whether users are shown different prices depending on individual (as defined in Directive 2011/83/EU, Art 6(1) ii) ea)) or target group-specific factors, in particular devices used and geographical locations. Where applicable, the platform shall make reference to these factors in a clearly visible manner.
2021/07/09
Committee: IMCO
Amendment 975 #

2020/0374(COD)

Proposal for a regulation
Article 13 – paragraph 1
Within six months after its designation pursuant to Article 3, a gatekeeper shall submit to the Commission an d Data Protection Authorities an independently audited description of any techniques for profiling of consumers that the gatekeeper applies to or across its coreany platform services identified pursuant to Article 3 and make them publicly available. This description shall be updated at least annually.
2021/07/09
Committee: IMCO
Amendment 982 #

2020/0374(COD)

Proposal for a regulation
Article 15 – paragraph 1
1. The Commission mayshall conduct a market investigation for the purpose of examining whether a provider of core platform services should be designated as a gatekeeper pursuant to Article 3(6), or in order to identify core platform services for a gatekeeper pursuant to Article 3(7). It shall endeavour to conclude its investigation by adopting a decision in accordance with the advisory procedure referred to in Article 32(4) within twelve months from the opening of the market investigation.
2021/07/09
Committee: IMCO
Amendment 990 #

2020/0374(COD)

Proposal for a regulation
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 within 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).
2021/07/09
Committee: IMCO
Amendment 991 #

2020/0374(COD)

Proposal for a regulation
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 within 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 within three months from the opening of the investigation.deleted
2021/07/09
Committee: IMCO
Amendment 997 #

2020/0374(COD)

Proposal for a regulation
Article 15 – paragraph 4
4. When the Commission pursuant to Article 3(6) designates as a gatekeeper a provider of core platform services that does not yet enjoy an entrenched and durable position in its operations, but it is foreseeable that it will enjoy such a position in the near future, it shall declare applicable to that gatekeeper onlythe obligations laid down in Article 5(b) and Article 6(1) points (e), (f), (h) and (i) as specified in the designation decision. The Commission shall only declare applicable those obligations that are appropriate and necessary to prevent that the gatekeeper concerned achieves by unfair means an entrenched and durable position in its operations in the designation decision. The Commission shall review such a designation in accordance with the procedure laid down in Article 4.
2021/07/09
Committee: IMCO
Amendment 1001 #

2020/0374(COD)

Proposal for a regulation
Article 15 – paragraph 4
4. When the Commission pursuant to Article 3(6) designates as a gatekeeper a provider of core platform services that does not yet enjoy an entrenched and durable position in its operations, but it is foreseeable that it will enjoy such a position in the near future, it shall declare applicable to that gatekeeper onlythe obligations laid down in Article 5(b) and Article 6(1) points (e), (f), (h) and (i)this Regulation as specified in the designation decision. The Commission shall only declare applicable those obligations that are appropriate and necessary to prevent that the gatekeeper concerned achieves by unfair means an entrenched and durable position in its operations. The Commission shall review such a designation in accordance with the procedure laid down in Article 4.
2021/07/09
Committee: IMCO
Amendment 1022 #

2020/0374(COD)

Proposal for a regulation
Article 16 – paragraph 3
3. A gatekeeper shall be deemed to have engaged in a systematic non- compliance with the obligations laid down in Articles 5 and 6, where the Commission has issued at least threetwo non-compliance or fining decisions pursuant to Articles 25 and 26 respectively against a gatekeeper in relation to any of its core platform services within a period of five years prior to the adoption of the decision opening a market investigation in view of the possible adoption of a decision pursuant to this Article.
2021/07/09
Committee: IMCO
Amendment 1024 #

2020/0374(COD)

Proposal for a regulation
Article 16 – paragraph 3
3. A gatekeeper shall be deemed to have engaged in a systematic non- compliance with the obligations laid down in Articles 5 and 6, where the Commission has issued at least threone non-compliance or fining decisions pursuant to Articles 25 and 26 respectively against a gatekeeper in relation to any of its core platform services within a period of five years prior to the adoption of the decision opening a market investigation in view of the possible adoption of a decision pursuant to this Article.
2021/07/09
Committee: IMCO
Amendment 1025 #

2020/0374(COD)

Proposal for a regulation
Article 16 – paragraph 4
4. A gatekeeper shall be deemed to have further strengthened or extended its gatekeeper position in relation to the characteristics under Article 3(1), where its impact on the internal market has further increased, its importance as a gateway for business users to reach end users has further increased or the gatekeeper enjoys a further entrenched and durable position in its operations.deleted
2021/07/09
Committee: IMCO
Amendment 1033 #

2020/0374(COD)

Proposal for a regulation
Article 16 – paragraph 6 a (new)
6a. In order to ensure effective compliance by the gatekeeper with its obligations laid down in Articles 5 or 6, the Commission shall regularly review the remedies imposed in accordance with paragraph 1 or commitments accepted in accordance with paragraph 6. The Commission shall be entitled to require changes to the imposed remedies if, following an investigation, it finds that the remedies are not effective.
2021/07/09
Committee: IMCO
Amendment 1050 #

2020/0374(COD)

Proposal for a regulation
Article 19 – paragraph 1
1. The Commission may by simple request or by decision require information from undertakings and associations of undertakings to provide all necessary information, including for the purpose of monitoring, implementing and enforcing the rules laid down in this Regulation. The Commission may also request access to data bases and, algorithms and A/B testing of undertakings and request explanations on those by a simple request or by a decision. Where the simple request is not fullfilled within a period of 3 weeks, the Commission may require this information by decision.
2021/07/09
Committee: IMCO
Amendment 1058 #

2020/0374(COD)

Proposal for a regulation
Article 20 – paragraph 1
The Commission mayshall 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, including in relation to the monitoring, implementing and enforcing of the rules laid down in this Regulation.
2021/07/09
Committee: IMCO
Amendment 1063 #

2020/0374(COD)

Proposal for a regulation
Article 21 – paragraph 3
3. During on-site inspections the Commission and auditors or experts appointed by it may require the undertaking or association of undertakings to provide access to and explanations on its organisation, functioning, IT system, algorithms, data-handling and business conducts. The Commission shall appoint rotating auditor or expert teams within the platform in order to have continuous and direct access to the data and algorithms. They should run behavioural experiments to evaluate the algorithm and use of the data. The Commission and auditors or experts appointed by it may address questions to key personnel.
2021/07/09
Committee: IMCO
Amendment 1076 #

2020/0374(COD)

Proposal for a regulation
Article 23 – paragraph 3
3. Should the Commission consider that the commitments submitted by the gatekeeper concerned cannot ensure effective compliance with the obligations laid down in Articles 5 and 6, it shall explain the reasons for not making those commitments binding in the decision concluding the relevant proceedings and, following an investigation, require changes to the commitments in order to make them effective.
2021/07/09
Committee: IMCO
Amendment 1080 #

2020/0374(COD)

Proposal for a regulation
Article 24 – paragraph 1 a (new)
1a. End-users as well as their representatives have the right to submit formal complaints about gatekeepers non- compliance with the obligations set out in this Regulation in order to facilitate the monitoring of obligations and measures.
2021/07/09
Committee: IMCO
Amendment 1082 #

2020/0374(COD)

Proposal for a regulation
Article 24 – paragraph 2 a (new)
2a. Member States shall designate authorities with particular expertise and experience to assist the Commission in the enforcement of this Regulation. They should support the Commission in the tasks of monitoring and investigating compliance. The Commission shall entitle designated authorities to use the powers enshrined in Articles 19, 20 and 21 for this purpose as well as to receive complaints from end users and business users on non-compliance by gatekeepers in their territory to report them to the Commission.
2021/07/09
Committee: IMCO
Amendment 1083 #

2020/0374(COD)

Proposal for a regulation
Article 25 – paragraph 1 – introductory part
1. The Commission shall adopt a non- compliance decision in accordance with the advisory procedure referred to in Article 32(4) within a period of 6 months beginning from the moment of non- compliance where it finds that a gatekeeper does not comply with one or more of the following:
2021/07/09
Committee: IMCO
Amendment 1087 #

2020/0374(COD)

Proposal for a regulation
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 decision. The Commission may by decision adopted in accordance with the advisory procedure referred to in Article 32(4) impose on such gatekeeper any behavioural remedies which are proportionate to the infringement committed and necessary to ensure compliance with this Regulation.
2021/07/09
Committee: IMCO
Amendment 1093 #

2020/0374(COD)

Proposal for a regulation
Article 25 – paragraph 4
4. The gatekeeper shall provide the Commission with the description of the measures it took to ensure compliance with the decision adopted pursuant to paragraph 1. If the Commission, following an investigation, finds that the measures are not effective to ensure compliance by the gatekeeper with its obligations under Articles 5 and 6, the Commission shall be entitled to require changes to these measures.
2021/07/09
Committee: IMCO
Amendment 1099 #

2020/0374(COD)

Proposal for a regulation
Article 26 – paragraph 1 – introductory part
1. In the decision pursuant to Article 25, the Commission may impose on a gatekeeper fines not exceeding 130% of its total turnover in the preceding financial year where it finds that the gatekeeper, intentionally or negligently, fails to comply with:
2021/07/09
Committee: IMCO
Amendment 1101 #

2020/0374(COD)

Proposal for a regulation
Article 26 – paragraph 2 – introductory part
2. The Commission may by decision impose on undertakings and associations of undertakings fines not exceeding 15% of the total turnover in the preceding financial year where they intentionally or negligently:
2021/07/09
Committee: IMCO
Amendment 1105 #

2020/0374(COD)

Proposal for a regulation
Article 26 – paragraph 3
3. In fixing the amount of the fine, regard shall be had to the gravity, duration, recurrence, and, for fines imposed pursuant to paragraph 2, delay caused to the proceedings. To calculate the duration of the infringement, the starting point shall be the moment of the first non- compliance under Article 3 paragraph 8.
2021/07/09
Committee: IMCO
Amendment 1107 #

2020/0374(COD)

Proposal for a regulation
Article 26 – paragraph 4 – subparagraph 4
The financial liability of each undertaking in respect of the payment of the fine shall not exceed 130 % of its total turnover in the preceding financial year.
2021/07/09
Committee: IMCO
Amendment 1116 #

2020/0374(COD)

Proposal for a regulation
Article 28 – paragraph 1
1. The powers conferred on the Commission by Articles 26 and 27 shall be subject to a threfive year limitation period.
2021/07/09
Committee: IMCO
Amendment 1118 #

2020/0374(COD)

Proposal for a regulation
Article 29 – paragraph 1
1. The power of the Commission to enforce decisions taken pursuant to Articles 26 and 27 shall be subject to a limitation period of fiseven years.
2021/07/09
Committee: IMCO
Amendment 1123 #

2020/0374(COD)

Proposal for a regulation
Article 30 – paragraph 1 – point b a (new)
(ba) all relevant procedures or decisions that affect consumers such as inter alia market investigations for designating a gatekeeper, compliance with, suspensions of and exemption from obligations, interim measures, fines.
2021/07/09
Committee: IMCO
Amendment 1126 #

2020/0374(COD)

Proposal for a regulation
Article 30 – paragraph 2
2. Gatekeepers, undertakings and, associations of undertakings concerned and third parties with a legitimate interest may submit their observations to the Commission’s preliminary findings within a time limit which shall be fixed by the Commission in its preliminary findings and which may not be less than 14 days.
2021/07/09
Committee: IMCO
Amendment 1134 #

2020/0374(COD)

Proposal for a regulation
Article 31 – paragraph 1
1. The information collected pursuant to Articles 3, 12, 13, 19, 20 and 21 shall be used only for the purposes of this Regulation.
2021/07/09
Committee: IMCO
Amendment 1137 #

2020/0374(COD)

Proposal for a regulation
Article 31 – paragraph 2
2. Without prejudice to the exchange and to the use of information provided for the purpose of use pursuant to Articles 12, 13, 32 and 33, the Commission, the authorities of the Member States, their officials, servants and other persons working under the supervision of these authorities and any natural or legal person, including auditors and experts appointed pursuant to Article 24(2), shall not disclose information acquired or exchanged by them pursuant to this Regulation and of the kind covered by the obligation of professional secrecy. This obligation shall also apply to all representatives and experts of Member States participating in any of the activities of the Digital Markets Advisory Committee pursuant to Article 32.
2021/07/09
Committee: IMCO
Amendment 1146 #

2020/0374(COD)

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.The Member States shall ensure that social partners are represented in the Digital Markets Advisory Committee.
2021/07/09
Committee: IMCO
Amendment 1152 #
2021/07/09
Committee: IMCO
Amendment 1155 #

2020/0374(COD)

Proposal for a regulation
Article 33 – paragraph 1
1. When threone or more designated authorities of the Member States request the Commission to open an investigation pursuant to Article 15, 16 or 17 because they consider that there are reasonable grounds to suspect that a provider of core platform services should be designated as a gatekeeper that there are new core platform services and practices to be added, or that there is a situation of (systemic) non-compliance, the Commission shall within fourthree months examine whether there are reasonable grounds to open such an investigation. If the Commission decides not to open an investigation, the Commission shall publish the respective reasons.
2021/07/09
Committee: IMCO
Amendment 1176 #

2020/0374(COD)

Proposal for a regulation
Article 33 a (new)
Article 33 a In the Annex I to Directive (EU) 2020/1828 of the European Parliament and of the Council (3), the following point is added: Regulation (EU) 20XX/XXXX of the European Parliament and of the Council of DD MMM YYYY on contestable and fair markets in the digital sector.
2021/07/09
Committee: IMCO
Amendment 250 #

2020/0361(COD)

Proposal for a regulation
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 outside the scope of this Regulation. 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. Consequently, providers of services, such as cloud infrastructure, which are provided at the request of parties other than the content providers and only indirectly benefit the latter, should not be covered by the definition of online platforms. __________________ 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
2021/07/08
Committee: IMCO
Amendment 272 #

2020/0361(COD)

Proposal for a regulation
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 taking into account the potential harm the illegal content in question may create. In order to ensure a harmonised implementation of illegal content removal throughout the Union, the provider should, within 24 hours, remove or disable access to illegal content that can seriously harm public policy, public security or public health or seriously harm consumers’ health or safety. According to the well-established case-law of the Court of Justice and in line with Directive 2000/31/EC, the concept of ‘public policy’ involves a genuine, present and sufficiently serious threat which affects one of the fundamental interest of society, in particular for the prevention, investigation, detection and prosecution of criminal offences, including the protection of minors and the fight against any incitement to hatred on grounds of race, sex, religion or nationality, and violations of human dignity concerning individual persons. The concept of ‘public security’ as interpreted by the Court of Justice covers both the internal security of a Member State, which may be affected by, inter alia, a direct threat and physical security of the population of the Member State concerned, and the external security, which may be affected by, inter alia, the risk of a serous disturbance to the foreign relations of that Member State of to the peaceful coexistence of nations. Where the illegal content does not seriously harm public policy, public security, public health or consumers’ health or safety, the provider should remove or disable access to illegal content within seven days. The deadlines referred to in this Regulation should be without prejudice to specific deadlines set out Union law or within administrative or judicial orders. The provider may derogate from the deadlines referred to in this Regulation on the grounds of force majeure or for justifiable technical or operational reasons but it should be required to inform the competent authorities as provided for in this Regulation. The removal or disabling of access should be undertaken in the observance of the principle ofthe Charter of Fundamental Rights, including a high level of consumer protection and 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.
2021/07/08
Committee: IMCO
Amendment 360 #

2020/0361(COD)

Proposal for a regulation
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. In addition, recipients of intermediary services should be able to hold the legal representative liable for non-compliance.
2021/07/08
Committee: IMCO
Amendment 375 #

2020/0361(COD)

Proposal for a regulation
Recital 39 a (new)
(39a) In order to effectively and meaningfully address the proliferation of illegal goods and services online, intermediary services should implement measures to prevent illicit content from reappearing after having been taken down. Such measures, undertaken horizontally by all intermediary services, will contribute to a safer online environment.
2021/07/08
Committee: IMCO
Amendment 447 #

2020/0361(COD)

Proposal for a regulation
Recital 50 a (new)
(50a) After having obtained the necessary contact information of a trader, which are aimed at ensuring consumer rights, a provider of intermediary services needs to verify that these details are consistently being updated and accessible for consumers. Therefore, it shall conduct regular and randomized checks on the information provided by the traders on its platform. To ensure a consistent display of these contact information, intermediary services should establish mandatory designs for the inclusion of these contact information. A content, good or service shall only be displayed after all necessary information are made available by the business user.
2021/07/08
Committee: IMCO
Amendment 461 #

2020/0361(COD)

Proposal for a regulation
Recital 52 a (new)
(52a) The market position of very large online platforms allows them to collect and combine enormous amounts of personal data, thereby strengthening their market position vis-a-vis smaller competitors, while at the same time incentivising other online platforms to take part in comparable data collection practices and thus creating an unfavourable environment for consumers. Therefore, the collecting and further processing of personal data for the purpose of displaying tailored advertisement should be prohibited. The selection of advertisements shown to a consumer should consequently be based on contextual information, such as language settings by the device of the user or the digital location. Besides a positive effect on privacy and data protection rights of users, the ban will increase competition on the market and will facilitate market access for smaller online platforms and privacy-friendly business models.
2021/07/08
Committee: IMCO
Amendment 465 #

2020/0361(COD)

Proposal for a regulation
Recital 52 b (new)
(52b) The ban on targeted advertising should not hinder contextual advertisement, such as the displaying of a car advertisement on a website presenting information from the automotive sector.
2021/07/08
Committee: IMCO
Amendment 508 #

2020/0361(COD)

Proposal for a regulation
Recital 65 a (new)
(65a) Due to their market position, very large online platforms have developed an increasing influence over society’s social, economic, and political interactions. Consumers face a lock-in situation, which may lead them into accepting unfavourable terms and conditions to participate in the services provided by these very large online platforms. To restore a competitive market and to allow consumers more choices, very large online platforms should be required to setup the necessary technical access points to create interoperability for their core services, with a view to allowing competitors a fairer market access and enabling more choice for consumers, while at the same time complying with privacy, security and safety standards. These access points should create interoperability for other online platform services of the same type, without the need to convert digital content or services to ensure functionality.
2021/07/08
Committee: IMCO
Amendment 530 #

2020/0361(COD)

Proposal for a regulation
Recital 70 a (new)
(70a) The Commission should encourage the development of codes of conduct to facilitate online platforms’ verification of short-term holiday rental providers’ compliance with national registration and authorisation schemes. Such codes of conduct should aim in particular at establishing effective cooperation mechanisms between online platforms and public authorities on short term holiday rentals.
2021/07/08
Committee: IMCO
Amendment 534 #

2020/0361(COD)

Proposal for a regulation
Recital 73
(73) Given the cross-border nature of the services at stake and the horizontal range of obligations introduced by this Regulation, the authority appointed with the task of supervising the application and, where necessary, enforcing this Regulation should be identified as a Digital Services Coordinator in each Member State. Where more than one competent authority is appointed to apply and enforce this Regulation, only one authority in that Member State should be identified as a Digital Services Coordinator. The Digital Services Coordinator should act as the single contact point with regard to all matters related to the application of this Regulation for the Commission, the Board, the Digital Services Coordinators of other Member States, as well as for other competent authorities of the Member State in question. In particular, where several competent authorities are entrusted with tasks under this Regulation in a given Member State, the Digital Services Coordinator should coordinate and cooperate with those authorities in accordance with the national law setting their respective tasks, and should ensure regular reporting and effective involvement of all relevant authorities in the supervision and enforcement at Union level.
2021/07/08
Committee: IMCO
Amendment 599 #

2020/0361(COD)

Proposal for a regulation
Article 1 – paragraph 1 – introductory part
1. This Regulation lays down harmonised rules on the provision of intermediary services in order to improve the functioning of the internal market. In particular, it establishes:
2021/07/08
Committee: IMCO
Amendment 606 #

2020/0361(COD)

Proposal for a regulation
Article 1 – paragraph 2 – point b
(b) set out uniformharmonised rules for a safe, accessible, predictable and trusted online environment, where fundamental rights enshrined in the Charter, including a high level of consumer protection, are effectively protected.
2021/07/08
Committee: IMCO
Amendment 640 #
2021/07/08
Committee: IMCO
Amendment 646 #

2020/0361(COD)

Proposal for a regulation
Article 1 a (new)
Article 1a Objective The aim of this Regulation is to contribute to the proper functioning of the internal market by setting out harmonised rules for a safe, predictable and trusted online environment, where fundamental rights enshrined in the Charter are effectively protected.
2021/07/08
Committee: IMCO
Amendment 765 #

2020/0361(COD)

Proposal for a regulation
Article 5 – paragraph 2
2. Paragraph 1 shall not apply where the recipient of the service is acting under the authority, decisive influence or the control of the provider.
2021/07/08
Committee: IMCO
Amendment 777 #

2020/0361(COD)

Proposal for a regulation
Article 5 a (new)
Article 5a Liability of online platform allowing consumers to conclude distance contracts with traders 1. In addition to Article 5(1), an online platform allowing consumers to conclude distance contracts with traders shall not benefit from the liability exemption provided for in Article 5 if it does not comply with the obligations referred to in Articles 11, 13b, 13c, 14, 22 or 24a. Such liability exemption shall also not benefit the online platform if it does not comply with specific information requirements for contracts concluded on online marketplaces, in line with Article 6a(1) of the Directive 2011/83/EU of the European Parliament and of the Council. 2. The liability exemption in Article 5(1) and in paragraph 1 of this Article shall not apply with respect to liability under consumer protection law of online platforms allowing consumers to conclude distance contracts with traders, where such an online platform presents the specific item of information or otherwise enables the specific transaction at issue in a way that would lead a 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 control, authority or decisive influence. 3. For the assessment of whether the online platform has that control or authority or decisive influence over the trader, relevant criteria shall include, among others: (a) the trader-consumer contract is concluded exclusively through facilities provided on the platform; (b) the online platform operator withholds the identity of the trader or contact details until after the conclusion of the trader-consumer contract; (c) the online platform operator exclusively uses payment systems which enable the platform operator to withhold payments made by the consumer to the trader; (d) the terms of the trader-consumer contract are essentially determined by the online platform operator; (e) the price to be paid by the consumer is set by the online platform operator; or (f) the online platform is marketing the product or service in its own name rather than using the name of the trader who will supply it; 4. The liability exemption in Article 5(1) of this Regulation shall not apply in case an online platform allows consumers to conclude distance contracts with traders from third countries when: (a) there is no economic operator inside the Union liable for the product safety or when the economic operator is available but does not respond to claims or take measures to remedy the harm; and (b) the product does not comply with the relevant Union or national law; 5. Consumers concluding distance contracts with traders shall be entitled to seek redress from the online platform for infringement of the obligations laid down in this Regulation and in accordance with relevant Union and national law. 6. The online platform shall be entitled to seek redress from the trader who has used its services in case of a failure by that trader to comply with his obligations under this Regulation regarding the online platform or regarding the consumers.
2021/07/08
Committee: IMCO
Amendment 928 #

2020/0361(COD)

Proposal for a regulation
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 theiruse fair, non-discriminatory and transparent contract terms and conditions. T that information shall include information on any policies, procedures, measures and tools used for the purpose of content moderation, including algorithmic decision-making and human review. It shall be set outshall be drafted in clear and unambiguous language and shall bare publicly available in an easily accessible format in a searchable archive of all the previous versions with their date of application.
2021/07/08
Committee: IMCO
Amendment 998 #

2020/0361(COD)

Proposal for a regulation
Article 13 – paragraph 1 a (new)
1a. Providers of intermediary services shall ensure that the identity, such as the trademark, logo or other characteristic traits, of the business user providing the goods, content or services on the intermediary services is clearly visible alongside the goods, content or services offered.
2021/07/08
Committee: IMCO
Amendment 1015 #

2020/0361(COD)

Proposal for a regulation
Article 13 a (new)
Article 13a Display of the identity of business users 1. A provider of intermediary services shall ensure that the identity of the business user providing content, goods or services is clearly visible alongside the content, goods or services offered. 2. For this purpose, a provider of intermediary services shall establish a standardized and mandatory interface for business users. A content, good or service shall only be displayed to users, if the necessary contact information is made available. 3. A provider of intermediary services shall on a regular basis conduct checks on the information provided by a business user in accordance with paragraph (2).
2021/07/08
Committee: IMCO
Amendment 1018 #

2020/0361(COD)

Proposal for a regulation
Article 13 a (new)
Article 13a Measures against the reappearance of illegal content Where an intermediary service detects and identifies illegal goods or services, it shall prevent this content from reappearing on its service. The application of this requirement shall not lead to any general monitoring obligation.
2021/07/08
Committee: IMCO
Amendment 1019 #

2020/0361(COD)

Proposal for a regulation
Article 13 b (new)
Article 13b Targeted advertising Providers of intermediary services shall not collect or use personal data of a service recipient for the purpose of targeting or tailoring digital advertising. If a service provider legitimately receives information that allows it to make assumptions about the physical, physiological, genetic, mental, economic, cultural or social identity of a user, this information shall not be used for advertising purposes, specifically not for targeting or tailoring of advertising.
2021/07/08
Committee: IMCO
Amendment 1059 #

2020/0361(COD)

Proposal for a regulation
Article 14 – paragraph 3
3. 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 Article 5 in respect of the specific item of information concerned. A provider shall be exempted from liability despite knowledge for a time that is appropriate to take an informed decision on the matter.
2021/07/08
Committee: IMCO
Amendment 1078 #

2020/0361(COD)

Proposal for a regulation
Article 14 – paragraph 6 a (new)
6a. Where an online platform that allows consumers to conclude distance contracts with traders, detects and identifies illegal goods or services, it shall be obliged to establish an internal database of those goods and services that had previously been taken down by the online platform because they had been found to be illegal or harmful. They shall, under the inclusion of elements listed in the Rapid Exchange of Information System (RAPEX) and other relevant public databases, scan their database on a daily basis to detect illegal goods and services. If this process detects a good or service that has previously been found to be illegal or harmful, the online platform shall be obliged to delete the content expeditiously.
2021/07/08
Committee: IMCO
Amendment 1079 #

2020/0361(COD)

Proposal for a regulation
Article 14 – paragraph 6 a (new)
6a. Where the explanation of the reasons as referred to in paragraph 2 (a) does not allow a diligent economic operator to identify the illegality of the content in question; where the notified content is not illegal in the country of establishment of the hosting service; or, where there is a genuine demonstrable doubt about the illegality of the content, the hosting services may seek assistance for further clarification with the relevant authority or the national Digital Services Coordinator;
2021/07/08
Committee: IMCO
Amendment 1132 #

2020/0361(COD)

Proposal for a regulation
Article 15 a (new)
Article 15a Online interface design and organisation 1. Providers of hosting services shall not distort or impair consumers’ ability to make an informed decision via the structure, function or manner of operation of their online interface or a part thereof. 2. Providers of hosting services shall design and organise their online interface in a way that enables themselves and traders to comply with their obligations under applicable Union and Member State law on consumer protection, including on product safety.
2021/07/08
Committee: IMCO
Amendment 1145 #

2020/0361(COD)

Proposal for a regulation
Article 17 – paragraph 1 – introductory part
1. Online platforms shall provide recipients of the service, and individuals or entities that have submitted a notice for a period of at least six 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 decision taken by the provider of the online platform not to act upon the receipt of a notice or 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:
2021/07/08
Committee: IMCO
Amendment 1152 #

2020/0361(COD)

Proposal for a regulation
Article 17 – paragraph 1 – point a
(a) decisions whether or not to remove or disable access to or restrict visibility of the information;
2021/07/08
Committee: IMCO
Amendment 1159 #

2020/0361(COD)

Proposal for a regulation
Article 17 – paragraph 1 – point b
(b) decisions whether or not to suspend or terminate the provision of the service, in whole or in part, to the recipients;
2021/07/08
Committee: IMCO
Amendment 1163 #

2020/0361(COD)

Proposal for a regulation
Article 17 – paragraph 1 – point c
(c) decisions whether or not to suspend or terminate the recipients’ account.
2021/07/08
Committee: IMCO
Amendment 1200 #

2020/0361(COD)

Proposal for a regulation
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 that has been certified in accordance with paragraph 2 in order to resolve disputes relating to those decisions, including complaints that could not be resolved by means of the internal complaint-handling system referred to in that Article. Online platforms shall engage, in good faith, with the body selected with a view to resolving the dispute and shall be bound by the decision taken by the bodyalways direct recipients to an out-of-court dispute settlement body. The information about the competent out-of-court body shall be easily accessible on the online interface of the online platform in a clear and an user-friendly manner.
2021/07/08
Committee: IMCO
Amendment 1205 #

2020/0361(COD)

Proposal for a regulation
Article 18 – paragraph 1 – subparagraph 2
The first subpParagraph 1 is without prejudice to the right of the recipient concerned to redress against the decision before a court in accordance with the applicable law.
2021/07/08
Committee: IMCO
Amendment 1208 #

2020/0361(COD)

Proposal for a regulation
Article 18 – paragraph 1 a (new)
1a. Online platforms shall engage, in good faith, with the independent, external certified body selected with a view to resolving the dispute and shall be bound by the decision taken by the body.
2021/07/08
Committee: IMCO
Amendment 1243 #

2020/0361(COD)

Proposal for a regulation
Article 18 – paragraph 2 a (new)
2a. Certified out-of-court dispute settlement bodies shall draw up annual reports listing the number of complaints received annually, the outcomes of the decisions delivered, any systematic or sectoral problems identified, and the average time taken to resolve the disputes.
2021/07/08
Committee: IMCO
Amendment 1350 #

2020/0361(COD)

Proposal for a regulation
Article 20 a (new)
Article 20a Content of public interest 1. When an online platform takes the decision to remove content or to suspend the provision of its services to a recipient of the service, it shall take into account whether the content is or appears to be specifically intended to contribute to public policy objectives, in particular where the content is of particular importance to public policy, public security or public health objectives at Union or national level. 2. If an online platform decides to remove content or suspend the provision of its services to a user which is or appears to be of public interest, related to public policy, public security or public health the online platform shall take the necessary technical and organisational measures to ensure that complaints through the internal complaint-handling system referred to in Article 17, are processed and decided upon with priority and without delay.
2021/07/08
Committee: IMCO
Amendment 1362 #

2020/0361(COD)

Proposal for a regulation
Article 21 – paragraph 2 a (new)
2a. When a platform that allows consumers to conclude distance contracts with traders becomes aware that a piece of information, a product or service poses a serious risk to the life, health or safety of consumers, it shall promptly inform the competent authorities of the Member State or Member States concerned and provide all relevant information available.
2021/07/08
Committee: IMCO
Amendment 1398 #

2020/0361(COD)

Proposal for a regulation
Article 22 – paragraph 1 – point f a (new)
(fa) whether the drop shipping principle is applied, i.e. goods are offered that are not in stock in the retailer's warehouse;
2021/07/08
Committee: IMCO
Amendment 1411 #

2020/0361(COD)

Proposal for a regulation
Article 22 – paragraph 2 a (new)
2a. Before giving access to traders to offer products or services and to display advertising on their online interfaces, the online platform shall make reasonable efforts to prevent fraudulent practices on their platform, such as offers or advertisements of fake shops operators;
2021/07/08
Committee: IMCO
Amendment 1442 #

2020/0361(COD)

Proposal for a regulation
Article 22 – paragraph 6
6. The online platform shall make the information referred to in points (a), (d), (e), (f) and (fg) of paragraph 1 available to the recipients of the service, in a clear, easily accessible in accordance with Directive (EU) 2019/882, in a clear and comprehensible manner.
2021/07/08
Committee: IMCO
Amendment 1447 #

2020/0361(COD)

Proposal for a regulation
Article 22 – paragraph 6 a (new)
6a. In order to comply with paragraph 1 point (g), web shops shall inform close to the depicted goods if their goods are part of the stock or whether a manufacturer has to be found for them first. Online marketplaces shall provide third party sellers with a dropshipping labelling tool, which they have to use if they want to be approved by the platform.
2021/07/08
Committee: IMCO
Amendment 1452 #

2020/0361(COD)

Proposal for a regulation
Article 22 – paragraph 7 a (new)
7a. The online platform may rely on the information provided by third party suppliers referred to in Article 6a point (b) Directive (EU) 2019/2161, unless the platform knows or ought to know, based on the available data regarding transactions on the platform, that this information is incorrect. Online platforms must take adequate measures to prevent traders from appearing on the platform as non-traders.
2021/07/08
Committee: IMCO
Amendment 1454 #

2020/0361(COD)

Proposal for a regulation
Article 22 – paragraph 7 b (new)
7b. An online platform is liable for damages caused to consumers by a violation of its duties in this Article;
2021/07/08
Committee: IMCO
Amendment 1455 #

2020/0361(COD)

Proposal for a regulation
Article 22 – paragraph 7 c (new)
7c. The online platform must inform the consumer at the earliest possible point in time and immediately before the distance contract is concluded with a third-party provider in a prominent manner that the consumer is concluding a contract with the third party and not with the online platform. If the online platform violates its duty to provide information, the consumer can also assert the rights and legal remedies arising from the distance contract against the third party for non-performance against the online platform.
2021/07/08
Committee: IMCO
Amendment 1456 #

2020/0361(COD)

Proposal for a regulation
Article 22 – paragraph 7 d (new)
7d. If an online platform makes misleading information about third-party providers, about goods, services or digital content offered by third-party providers or about other provisions of the distance contract, the online platform is liable for the damage that these misleading information inflicts on consumers;
2021/07/08
Committee: IMCO
Amendment 1457 #

2020/0361(COD)

Proposal for a regulation
Article 22 – paragraph 7 e (new)
7e. An online platform is liable for guarantees, which it gives about third party supplier or about goods, services or digital content offered by third party supplier.
2021/07/08
Committee: IMCO
Amendment 1463 #

2020/0361(COD)

Proposal for a regulation
Article 22 a (new)
Article 22a Duty to protect recipients of the service Operators of online platforms allowing consumers to conclude distance contracts with traders or consumers, or of very large online platforms according to Article 25, who fail to take adequate measures for the protection of the recipients of the service upon obtaining credible evidence of criminal conduct of a recipient of the service to the detriment of other recipients or evidence of the illegality of a certain product, service, commercial practice or advertising method of a third party supplier, shall be held liable for the damages caused resulting from such a failure.
2021/07/08
Committee: IMCO
Amendment 1507 #

2020/0361(COD)

Proposal for a regulation
Article 24 – paragraph 1 a (new)
Online platforms or advertising service providers that play out advertisements shall also check the accuracy of the information about the advertiser in accordance with the due diligence obligations pursuant to Article 22. If there are indications of dubious offers - in the case of obviousness, user reports and web shops "blacklisted" on warning lists - platforms or the advertising service providers behind them may not display the advertising.
2021/07/08
Committee: IMCO
Amendment 1519 #

2020/0361(COD)

Proposal for a regulation
Article 24 a (new)
Article 24a Prevention measures against online fraud on platforms Member States shall promote preventive measures to reduce consumer harm caused by illegal advertising and sales practices on platforms. This includes, among other things, the establishment of information platforms that publish daily warnings about current online traps. Such initiatives are linked Union-wide via a network, financed by the Commission and supported by an EU coordinator. Host providers provide clearly visible links to these prevention pages.
2021/07/08
Committee: IMCO
Amendment 1520 #

2020/0361(COD)

Proposal for a regulation
Article 24 a (new)
Article 24a Right to information 1. Where an online platform becomes aware, irrespective of the means used to, of the illegal nature of a product or service offered through its services, it shall inform 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.
2021/07/08
Committee: IMCO
Amendment 1570 #

2020/0361(COD)

Proposal for a regulation
Article 26 – paragraph 1 – point b
(b) any negative effects for the exercise of the fundamental rights, in particular the 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;
2021/07/08
Committee: IMCO
Amendment 1708 #

2020/0361(COD)

Proposal for a regulation
Article 29 a (new)
Article 29a Recommendation systems and individual or target-group specific pricing on online market places The description shall also include information on whether users are shown different prices depending on individual, as defined in Article 6 (1) ii) (ea) of Directive 2011/83/EU or target group- specific factors, in particular devices used and geographical locations. Where applicable, the platform shall make reference to these factors in a clearly visible manner.
2021/07/08
Committee: IMCO
Amendment 1712 #

2020/0361(COD)

Proposal for a regulation
Article 30 – paragraph 1
1. Very large online platforms that display advertising on their online interfaces shall compile and make publicly available and searchable through easy to access, functionable and reliable tools through application programming interfaces a repository containing the information referred to in paragraph 2, until onfive year after the advertisement was displayed for the last time on their online interfaces. They shall ensure multi- criterion queries can be performed per advertiser and per all data points present in the advertisement, and provide aggregated data for these queries on the amount spent, the target of the advertisement, and the audience the advertiser wishes to reach. They shall ensure that the repository does not contain any personal data of the recipients of the service to whom the advertisement was or could have been displayed.
2021/07/08
Committee: IMCO
Amendment 1737 #

2020/0361(COD)

Proposal for a regulation
Article 30 – paragraph 2 a (new)
2a. The archive must be easily accessible for users and contain a complaint and reporting option for users directly addressed to the platform and the responsible advertising service provider. The requirements for notifications under Art 14 also apply to notifications and complaints about advertising content.
2021/07/08
Committee: IMCO
Amendment 1759 #

2020/0361(COD)

Proposal for a regulation
Article 31 – paragraph 3
3. Very large online platforms shall provide access to data pursuant to paragraphs 1 and 2 through online databases or application programming interfaces, as appropriate., and with an easily accessible and user-friendly mechanism to search for multiple criteria, such as those reported in accordance with the obligations set out in Articles 13 and 23
2021/07/08
Committee: IMCO
Amendment 1771 #

2020/0361(COD)

Proposal for a regulation
Article 31 – paragraph 5
5. The Commission shall, after consulting the Board, and no later than one year after entry into force of this legislation, adopt delegated acts laying down the technical conditions under which very large online platforms are to share data pursuant to paragraphs 1 and 2 and the purposes for which the data may be used. Those delegated acts shall lay down the specific conditions under which such sharing of data with vetted researchers can take place in compliance with Regulation (EU) 2016/679, taking into account the rights and interests of the very large online platforms and the recipients of the service concerned, including the protection of confidential information, in particular trade secrets, and maintaining the security of their service.
2021/07/08
Committee: IMCO
Amendment 1804 #

2020/0361(COD)

Proposal for a regulation
Article 33 a (new)
Article 33a Algorithm accountability 1. When using automated decision- making, the very large online platform shall perform an assessment of the algorithms used. 2. When carrying out the assessment referred into paragraph 1, the very large online platform shall assess the following elements: (a) the compliance with corresponding Union requirements; (b) how the algorithm is used and its impact on the provision of the service; (c) the impact on fundamental rights, including on consumer rights, as well as the social effect of the algorithms; and (d) whether the measures implemented by the very large online platform to ensure the resilience of the algorithm are appropriate with regard to the importance of the algorithm for the provision of the service and its impact on elements referred to in point (c). 3. When performing its assessment, the very large online platform may seek advice from relevant national public authorities, researchers and non- governmental organisations. 4. Following the assessment, referred to in paragraph 2, the very large online platform shall communicate its findings to the Commission. The Commission shall be entitled to request additional explanation on the conclusion of the findings, or when the additional information on the findings provided are not sufficient, any relevant information on the algorithm in question in relation to points a), b), c) and d) of Paragraph 2. The very large online platform shall communicate such additional information within a period of two weeks following the request of the Commission. 5. Where the very large online platform finds that the algorithm used does not comply with point (a), or (d) of paragraph 2 of this Article, the provider of the very large online platform shall take appropriate and adequate corrective measures to ensure the algorithm complies with the criteria set out in paragraph 2. 6. Where the Commission finds that the algorithm used by the very large online platform does not comply with point (a), (c), or (d) of paragraph 2 of this Article, on the basis of the information provided by the very large online platform, and that the very large online platform has not undertaken corrective measures as referred into Paragraph 5 of this Article, the Commission shall recommend appropriate measures laid down in this Regulation to stop the infringement.
2021/07/08
Committee: IMCO
Amendment 1809 #

2020/0361(COD)

Proposal for a regulation
Article 33 a (new)
Article 33a Interoperability 1. Very large online platforms shall provide, by creating and offering an application programming interface, options enabling the interoperability of their core services to other online platforms. 2. Application programming interfaces should be easy to use, while the processing of personal data shall only be possible in a manner that ensures appropriate security of these data. Measures under paragraph (1) may not limit, hinder or delay the ability of content hosting platforms to fix security issues, nor should the need to fix security issues lead to an undue delay for the provision on interoperability. 3. This Article is without prejudice to any limitations and restrictions set out in Regulation (EU) 2016/679.
2021/07/08
Committee: IMCO
Amendment 1811 #

2020/0361(COD)

Proposal for a regulation
Article 34 – paragraph 1 – introductory part
1. The Commission shall support and promote the development and implementation of voluntary industry standards set by relevant European and international standardisation bodies, and whenever available widely-used information and communication technology standards that meet the requirements set out in Annex II of Regulation No. 1025/2012, at least for the following:
2021/07/08
Committee: IMCO
Amendment 1822 #

2020/0361(COD)

Proposal for a regulation
Article 34 – paragraph 1 – point e
(e) interoperability of the advertisement repositories referred to in Article 30(2), and the APIs referred to in Article 33a;
2021/07/08
Committee: IMCO
Amendment 1842 #

2020/0361(COD)

Proposal for a regulation
Article 34 – paragraph 2 a (new)
2a. The absence of such standards as defined in this article should not prevent the timely implementation of the measures outlined in this regulation.
2021/07/08
Committee: IMCO
Amendment 1894 #

2020/0361(COD)

Proposal for a regulation
Article 36 a (new)
Article 36a Codes of conduct for short-term holiday rentals 1. The Commission shall encourage and facilitate the drawing up of codes of conduct at Union level between online platforms, short-term holiday rental providers, and relevant authorities to contribute to the proper enforcement of the authorization and registration schemes for short-term holiday rentals. 2. The Commission shall aim to ensure that the codes of conduct lead to the development of effective mechanisms for online platforms to verify and track short-term holiday rental providers’ compliance with national registration and authorization requirements. 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.
2021/07/08
Committee: IMCO
Amendment 1941 #

2020/0361(COD)

Proposal for a regulation
Article 41 – paragraph 1 – introductory part
1. Where needed for carrying out their tasks under this Regulation and also in order to avoid any discrepancy in the enforcement of the Digital Services Act, Digital Services Coordinators shall have at least the following powers of investigation, in respect of conduct by providers of intermediary services under the jurisdiction of their Member State:
2021/07/08
Committee: IMCO
Amendment 2274 #

2020/0361(COD)

Proposal for a regulation
Article 67 – paragraph 1
1. The Commission shall establish and maintain a reliable and secure information sharing system supporting communications between Digital Services Coordinators, the Commission and the Board based on the Internal Market Information system.
2021/07/08
Committee: IMCO
Amendment 114 #

2020/0353(COD)

Proposal for a regulation
Recital 8
(8) The new Circular Economy Action Plan adopted on 11 March 202028 states that the proposal for a new regulatory framework for batteries will consider rules on recycled content and measures to improve the collection and recycling rates of all batteries, in order to ensure the recovery of valuable materials and to provide guidance to consumers and will address the possible phasing out of non- rechargeable batteries where alternatives exist. Furthermore, it is stated that sustainability and transparency requirements will be considered, taking into account the carbon footprint of battery manufacturing, the ethical sourcing of raw materials and the security of supply in order to facilitate reuse, repurposing and recycling of batteries. _________________ 28Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions of 11 March 2020, A new Circular Economy Action Plan – For a cleaner and more competitive Europe (COM(2020)98 final).
2021/09/23
Committee: IMCO
Amendment 124 #

2020/0353(COD)

Proposal for a regulation
Recital 23 a (new)
(23 a) Interoperability within the different product categories of light means of transport and chargers simplifies the use of light means of transport for consumers and reduces unnecessary electronic waste and costs; therefore rechargeable batteries intended for use in light means of transport should be compatible with a common charger for particular categories or classes of light means of transport; this Regulation should therefore include specific requirements in this area.
2021/09/23
Committee: IMCO
Amendment 136 #

2020/0353(COD)

Proposal for a regulation
Recital 28
(28) In order to provide end users with transparent, reliable and clear information about batteries and their main characteristics, and waste batteries, to enable the end users to make informed decisions when buying and discarding batteries and to enable waste operators to appropriately treat waste batteries, batteries should be labelled. Batteries should be labelled with all the necessary information concerning their main characteristics, including their capacity, performance and content of certain hazardous substances. To ensure the availability of information over time, that information should also be made available by means of QR codes.
2021/09/23
Committee: IMCO
Amendment 140 #

2020/0353(COD)

Proposal for a regulation
Recital 29
(29) Information about the performance of batteries is essential to ensure that end- users as, especially consumers, are well and timely informed and in particular that they have a common basis to compare different batteries before making their purchase. Therefore, portable batteries of general use and automotive batteries should be marked with a label containing the information on their minimum average duration when used in specific applications. Additionally, it is important to guide the end-user to discard waste batteries in an appropriate way.
2021/09/23
Committee: IMCO
Amendment 143 #

2020/0353(COD)

Proposal for a regulation
Recital 30
(30) Rechargeable industrial batteries, batteries powering light means of transport and electric-vehicle batteries with internal storage with a capacity above 2 kWh should contain a battery management system that stores data so that the state of health and expected lifetime of batteries may be determined at any time by the end- user or any other third party acting on his behalf. In order to repurpose or remanufacture a battery, access to the battery management system should be provided to the person that has purchased the battery or any third party acting on its behalf at any time for evaluating the residual value of the battery, facilitating the reuse, repurposing or remanufacturing of the battery and for making the battery available to independent aggregators, as defined in Directive (EU) 201/944 of the European Parliament and of the Council34 , which operate virtual power plants in electricity grids. This requirement should apply in addition to Union law on type of approval of vehicles, including technical specifications that may originate from the work of the informal UNECE Working Group on Electric Vehicles and the Environment on data access in electric vehicles. _________________ 34Directive (EU) 2019/944 of the European Parliament and of the Council of 5 June 2019 on common rules for the internal market for electricity and amending Directive 2012/27/EU (OJ L 158, 14.6.2019, p. 125)
2021/09/23
Committee: IMCO
Amendment 148 #

2020/0353(COD)

Proposal for a regulation
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, standards 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 should adopt common specifications through implementingdelegated 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 implementingdelegated act amend or repeal the common specifications in question. _________________ 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)
2021/09/23
Committee: IMCO
Amendment 151 #

2020/0353(COD)

Proposal for a regulation
Recital 32
(32) To ensure effective access to information for market surveillance purposes, to adapt to new technologies and to ensure resilience in case of global crises, such as the Covid-19 pandemic, it should be possible to give information regarding conformity with all Union acts applicable to batteries should be handed in online in the form of a single EU declaration of conformity.
2021/09/23
Committee: IMCO
Amendment 153 #

2020/0353(COD)

Proposal for a regulation
Recital 35
(35) The chosen modules do not however reflect certain specific aspects of batteries and thus, it is necessary to adapt the modules chosen for the conformity assessment procedure. In order to take account of the novelty and complexity of the sustainability, safety and, labelling and information requirements set out in this Regulation and for the purpose of ensuring the conformity of batteries placed on the market with the legal requirements, 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 conformity assessment procedures by adding verifications steps or changing assessment module, on the basis of developments on the battery market or in the battery value chain.
2021/09/23
Committee: IMCO
Amendment 154 #

2020/0353(COD)

Proposal for a regulation
Recital 38
(38) Due to the novelty and complexity of the sustainability, safety and, labelling and information requirements for batteries and in order to ensure a consistent level of quality in the performance of conformity assessment of batteries, it is necessary to set requirements for notifying authorities involved in the assessment, notification and monitoring of notified bodies. In particular, it should be ensured that the notifying authority is objective and impartial with regard to its activity. Furthermore, notifying authorities should be required to safeguard the confidentiality of the information it obtains but should nonetheless be able to exchange information on notified bodies with national authorities, the notifying authorities of other Member States and the Commission to ensure consistency in the conformity assessment.
2021/09/23
Committee: IMCO
Amendment 155 #

2020/0353(COD)

Proposal for a regulation
Recital 39
(39) It is essential that all notified bodies perform their functions to the same level and under conditions of fair competition and autonomy. Therefore, requirements for conformity assessment bodies wishing to be notified in order to provide conformity assessment activities should be set. Those requirements should continue to apply as a prerequisite for the maintenance of the competence of the notified body. To ensure its autonomy, the notified body and the staff it employs should be required to maintain independence from economic operators in the battery value chain and from other companies, including business associations and parent companies and subsidiaries. The notified body should be required to document its independence, including by guaranteeing rotating teams and appropriate “cooling off” periods and provide that documentation to the notifying authority.
2021/09/23
Committee: IMCO
Amendment 158 #

2020/0353(COD)

Proposal for a regulation
Recital 43
(43) In the interests of facilitating and accelerating the conformity assessment procedure, the certification and ultimately the market access and in view of the novelty and complexity of the sustainability, safety and, labelling and information requirements for batteries, it is crucial that notified bodies have continuous access to all testing equipment and testing facilities needed and that they apply the procedures without creating unnecessary burdens for economic operators. For the same reason, and to ensure equal treatment of economic operators, it is necessary that the notified bodies apply the conformity assessment procedures consistently.
2021/09/23
Committee: IMCO
Amendment 165 #

2020/0353(COD)

Proposal for a regulation
Recital 53
(53) When placing a battery on the market or putting it into service, every importer should indicate on the battery the importer’s name, registered trade name or registered trade mark as well as the postal address, e-mail and telephone number. Exceptions should be provided for in cases where the size of the battery does not allow it. This includes cases where the importer would have to open the packaging to put the name and address on the battery or where the battery is too small in size to affix because the battery is too small in size to affix this information. Exceptions should as well be provided for in cases where the importer would have to open the packaging to put the name. In those exceptional cases, the importer should provide this information in a different easily accessible way; in case that packaging exists, this packaging should be used to indicate this information..
2021/09/23
Committee: IMCO
Amendment 169 #

2020/0353(COD)

Proposal for a regulation
Recital 55
(55) Any importer or distributor that either places a battery on the market or puts it into service under the importer’s or distributor’s own name or trademark or modifies a battery in such a way that compliance with the requirements of this Regulation may be affected or modifies the purpose of a battery that is already placed on the market should be considered to be the manufacturer and should assume the obligations of the manufacturer.
2021/09/23
Committee: IMCO
Amendment 170 #

2020/0353(COD)

Proposal for a regulation
Recital 56
(56) Distributors, including marketplaces and fulfilment service providers, and importers, being close to the market place, should be involved in market surveillance tasks carried out by the national authorities, and should be prepared to participate actively, providing those authorities with all necessary information relating to the battery concerned.
2021/09/23
Committee: IMCO
Amendment 172 #

2020/0353(COD)

Proposal for a regulation
Recital 57
(57) Ensuring traceability of a battery throughout the whole supply chain helps to make market surveillance simpler and more efficient. An efficient traceability system facilitates the market surveillance authorities' task of tracing economic operators who placed on the market or made available on the market or put into service non-compliant batteries. The economic operators should therefore be required to keep the information on their transactions of batteries for a certain period of time10 years.
2021/09/23
Committee: IMCO
Amendment 188 #

2020/0353(COD)

Proposal for a regulation
Recital 89
(89) Producers and distributors, including marketplaces and fulfilment service providers, 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 in an accessible and understandable way.
2021/09/23
Committee: IMCO
Amendment 192 #

2020/0353(COD)

Proposal for a regulation
Recital 97
(97) A procedure should exist under which interested parties are informed of measures intended to be taken with regard to batteries presenting a risk to human health, safety, property or the environment. It should also allow market surveillance authorities in the Member States, in cooperation with the relevant economic operators, to act at an early stage in respect of such batteries. In order to ensure uniform conditions for the implementation of this Regulation, implementingdelegated powers to adopt acts should be conferred on the Commission in order to determine whether national measures in respect of non- compliant batteries are justified or not.
2021/09/23
Committee: IMCO
Amendment 193 #

2020/0353(COD)

Proposal for a regulation
Recital 98
(98) The market surveillance authorities should have the right to require economic operators to take corrective actions on the basis of findings that either the battery is not compliant with the requirements of this Regulation or the economic operator infringes the rules on the placing or making available on the market of a battery, or on sustainability, safety and, labelling and information or on supply chain due diligence.
2021/09/23
Committee: IMCO
Amendment 197 #

2020/0353(COD)

(105) The Commission should adopt immediately applicable implementingdelegated acts determining whether a national measure taken in respect of a compliant battery that presents a risk is justified or not where, in duly justified cases relating to the protection of human health, safety, property or the environment, imperative grounds of urgency so require.
2021/09/23
Committee: IMCO
Amendment 211 #

2020/0353(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 21
(21) ‘QR code’ means a matrix barcode that links to information about a battery model;
2021/09/23
Committee: IMCO
Amendment 213 #

2020/0353(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 33
(33) ‘conformity assessment’ means the process demonstrating whether the sustainability, safety and, labelling and information requirements of this Regulation relating to a battery have been fulfilled;
2021/09/23
Committee: IMCO
Amendment 217 #

2020/0353(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 36
(36) ‘supply chain due diligence’ means the obligations of the economic operator which places a rechargeable industrial battery or an electric-vehicle battery on the market, in relation to its management system, risk management, third party verifications by notified bodies and disclosure of information with a view to identifying and addressing actual and potential risks linked to the sourcing, processing and trading of the raw materials required for battery manufacturing;
2021/09/23
Committee: IMCO
Amendment 232 #

2020/0353(COD)

Proposal for a regulation
Article 9 – title
Performance and durability requirements for portable batteries of general useand batteries for light means of transport
2021/09/23
Committee: IMCO
Amendment 236 #

2020/0353(COD)

Proposal for a regulation
Article 9 – paragraph 1
1. From 1 January 2027, portable batteries of general useand 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.
2021/09/23
Committee: IMCO
Amendment 238 #

2020/0353(COD)

Proposal for a regulation
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 useand batteries for light means of transport shall attain.
2021/09/23
Committee: IMCO
Amendment 241 #

2020/0353(COD)

Proposal for a regulation
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 take into consideration relevant international standards and labelling schemes, while single-use batteries should be a rare exception. 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.
2021/09/23
Committee: IMCO
Amendment 250 #

2020/0353(COD)

Proposal for a regulation
Article 10 – paragraph 1 – subparagraph 1 a (new)
The information referred to in the first and second subparagraph regarding electric vehicle batteries shall be available to consumers prior to purchasing the vehicle.
2021/09/23
Committee: IMCO
Amendment 259 #

2020/0353(COD)

Proposal for a regulation
Article 11 – title
Removability and replaceability of portable batteries
2021/09/23
Committee: IMCO
Amendment 260 #

2020/0353(COD)

Proposal for a regulation
Article 11 – paragraph -1 (new)
-1. Batteries containing several cells shall be modular by design to enable the removability and replaceability of the case, control electronics or individual cells.They shall be made available for the expected average lifetime of the product as spare parts at affordable costs, with non-discriminatory price for independent operators and be delivered within a maximum of 10 working days. For batteries with a control software, software updates shall be provided for the expected lifetime of the product to ensure the safe use of the battery without limiting its functionality. Battery management systems shall be readable by end-users and easily modifiable by independent qualified personnel for the purpose of battery reuse.
2021/09/23
Committee: IMCO
Amendment 261 #

2020/0353(COD)

Proposal for a regulation
Article 11 – paragraph 1 – introductory part
1. Portable batteries incorporated in appliances and batteries for light means of transport shall be readily removable and replaceable by the end-user orand by independent operators, including community repair initiatives 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. Repair instructions shall be made publicly available online in an easily understandable way for end users, including consumers, for the expected lifetime of the product.
2021/09/23
Committee: IMCO
Amendment 266 #

2020/0353(COD)

Proposal for a regulation
Article 11 – paragraph 1 – subparagraph 1
A battery is readily replaceable where, after its reversible non-destructive removal from an appliance, it can be substituted by a similar battery, using either an original or qualified part, without affecting the functioning, safety or the performance of that appliance.
2021/09/23
Committee: IMCO
Amendment 277 #

2020/0353(COD)

Proposal for a regulation
Article 11 – paragraph 2 – point b a (new)
(b a) In these cases, the products shall be equipped with an easily understandable label informing about the non- replaceability of the battery and the batteries' expected lifetime.
2021/09/23
Committee: IMCO
Amendment 284 #

2020/0353(COD)

Proposal for a regulation
Article 11 a (new)
Article 11 a Common chargers Rechargeable batteries of light means of transport within certain categories or classes shall be constructed in a way that they comply with common chargers as of 1 January 2026. The Commission shall, by 31 December 2024, adopt delegated acts to establish harmonised specifications regarding categories or classes of light means of transport and common chargers. Those delegated acts shall be adopted in accordance with the procedure referred to in Article 73.
2021/09/23
Committee: IMCO
Amendment 286 #

2020/0353(COD)

Proposal for a regulation
Article 12 – paragraph 1
1. Stationary battery energy storage systems shall be accompanied by technical documentation easily understandable demonstrating that they are safe during their normal operation and use, including evidence that they have been successfully tested for the safety parameters laid down in Annex V, for which state-of-the-art testing methodologies should be used.
2021/09/23
Committee: IMCO
Amendment 291 #

2020/0353(COD)

Proposal for a regulation
Article 13 – paragraph 6
6. Labels and QR code referred to in paragraphs 1 to 5 shall be printed or engraved visibly, legibly and indelibly on the battery, indelibly on the battery and accessible for persons with disabilities in accordance with requirements of Directive (EU) 2019/882 (European Accessibility Act),the information does not exceed a level of complexity superior to level B1(intermediate) of the Council of Europe’s Common European Framework of Reference for Languages, as well as is provided in easy-to-read format. Where this is not possible or not warranted on account of the nature and size of the battery, labels shall be affixed to the packaging and to the documents accompanying the battery. In case of second life or repurposing of the battery, the label shall be replaced by a new one reflecting its second use status.
2021/09/23
Committee: IMCO
Amendment 298 #

2020/0353(COD)

Proposal for a regulation
Article 14 – paragraph 1
1. Rechargeable industrial batteries and electric vehicle batteries with internal storage and a capacity above 2 kWh as well as batteries powering light means of transport shall include a battery management system containing data on the parameters for determining the state of health and expected lifetime of batteries as laid down in Annex VII.
2021/09/23
Committee: IMCO
Amendment 301 #

2020/0353(COD)

Proposal for a regulation
Article 14 – paragraph 2 – introductory part
2. Access to read-only the data in the battery management system referred to in paragraph 1 shall be provided on a non- discriminatory basis to the legal or natural person who has legally purchased the battery or any third party acting on their behalf at any time for the purpose of:
2021/09/23
Committee: IMCO
Amendment 308 #

2020/0353(COD)

Proposal for a regulation
Article 15 – paragraph 2
2. Batteries which are tested following 2. harmonised standards or parts thereof the references of which have been published in the Official Journal of the European Union shall be presumed to be in conformity with the requirements referred to in Articles 9, 10, 13 and 59(5)(a) to the extent that those requirements or parts thereof are covered by such harmonised standards.
2021/09/23
Committee: IMCO
Amendment 313 #

2020/0353(COD)

Proposal for a regulation
Article 15 – paragraph 3
3. Batteries which are in conformity with harmonised standards or parts thereof the references of which have been published in the Official Journal of the European Union shall be presumed to be in conformity with the requirements set out in Article 12 to the extent that those requirements or parts thereof are covered by such harmonised standards.
2021/09/23
Committee: IMCO
Amendment 316 #

2020/0353(COD)

Proposal for a regulation
Article 16 – paragraph 1 – introductory part
1. The Commission shall be empowered to adopt implementingdelegated 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:
2021/09/23
Committee: IMCO
Amendment 324 #

2020/0353(COD)

Proposal for a regulation
Article 16 – paragraph 1 – subparagraph 1
Those implementingdelegated acts shall be adopted in accordance with the examination procedure referred to in Article 74(3)3.
2021/09/23
Committee: IMCO
Amendment 328 #

2020/0353(COD)

Proposal for a regulation
Article 16 – paragraph 3 a (new)
3 a. Delegated acts referred to in paragraph 1 shall be repealed with the date of publication of harmonised standards, covering the requirements or tests referred to in paragraph 1, in the Official Journal of the European Union.
2021/09/23
Committee: IMCO
Amendment 329 #

2020/0353(COD)

Proposal for a regulation
Article 17 – paragraph 1
1. Before a new battery model is placed on the market or put it into service, the manufacturer or its authorised representative shall ensure that an assessment of the product’s conformity with the requirements of Chapters II and III of this Regulation is carried out.
2021/09/23
Committee: IMCO
Amendment 338 #

2020/0353(COD)

Proposal for a regulation
Article 17 – paragraph 5
5. Records and correspondence relating to the conformity assessment procedures of batteries shall be drawn up in anthe official language or languages of the Member State where the notified body carrying out the conformity assessment procedures referred to in paragraphs 1 and 2 is established, or in a language accepted by that body.
2021/09/23
Committee: IMCO
Amendment 342 #

2020/0353(COD)

Proposal for a regulation
Article 18 – paragraph 2
2. The EU declaration of conformity must be able to be filled electronically and shall have the model structure set out in Annex IX, shall contain the elements specified in the relevant modules set out in Annex VIII and shall be continuously updated. It shall be translated into the language or languages required by the Member State in which the battery is placed or made available on the market or put into service.
2021/09/23
Committee: IMCO
Amendment 344 #

2020/0353(COD)

Proposal for a regulation
Article 18 – paragraph 3 a (new)
3 a. By drawing up the EU declaration of conformity, the manufacturer shall assume responsibility for the compliance of the product.
2021/09/23
Committee: IMCO
Amendment 355 #

2020/0353(COD)

Proposal for a regulation
Article 25 – paragraph 3
3. A conformity assessment body shall be a third-party body independent from any and all business ties and from the battery modelies it assesses, in particular from battery manufacturers, the battery manufacturers’ trade partners, shareholding investors on the battery manufacturers’ plants and from other notified bodies and the notified bodies’ business associations, parent companies or subsidiaries.
2021/09/23
Committee: IMCO
Amendment 357 #

2020/0353(COD)

Proposal for a regulation
Article 25 – paragraph 4 – introductory part
4. A conformity assessment body, its top level management and the personnel responsible for carrying out the conformity assessment tasks shall not be the designer, manufacturer, supplier, importer, distributor, installer, purchaser, owner, user or maintainer of the batteries which they assess, nor the authorised representative of any of those parties. This shall not preclude the use of batteries that are necessary for the operations of the conformity assessment body or the use of batteries for personal purposes.
2021/09/23
Committee: IMCO
Amendment 358 #

2020/0353(COD)

Proposal for a regulation
Article 25 – paragraph 4 – subparagraph 2 a (new)
The conformity assessment body shall ensure rotation between the responsible personnel carrying out the conformity assessment tasks.
2021/09/23
Committee: IMCO
Amendment 360 #

2020/0353(COD)

Proposal for a regulation
Article 25 – paragraph 6 – introductory part
6. A conformity assessment body shall be capable of carrying out all the conformity assessment activitietasks mentioned in Annex VIII and in relation to which it has been notified, whether those tasks are carried out by the conformity assessment body itself or on its behalf and under its responsibility.
2021/09/23
Committee: IMCO
Amendment 361 #

2020/0353(COD)

Proposal for a regulation
Article 25 – paragraph 6 – subparagraph 1 – point a
(a) in-house personnel with technical knowledge and sufficient and appropriate experience to perform the conformity assessment activitietasks;
2021/09/23
Committee: IMCO
Amendment 363 #

2020/0353(COD)

Proposal for a regulation
Article 25 – paragraph 6 – subparagraph 1 – point c
(c) appropriate policies and procedures to distinguish between activities that it carries out as a notified body and other activitietasks;
2021/09/23
Committee: IMCO
Amendment 365 #

2020/0353(COD)

Proposal for a regulation
Article 25 – paragraph 6 – subparagraph 2
A conformity assessment body shall at all times have access to all the information, testing equipment or facilities needed for each conformity assessment procedure and each battery model in relation to which it has been notified.
2021/09/23
Committee: IMCO
Amendment 366 #

2020/0353(COD)

Proposal for a regulation
Article 25 – paragraph 7 – point c
(c) appropriate knowledge and understanding of the requirements set out in Chapters II and III, of the due diligence standards established in Article 39, of the applicable harmonised standards referred to in Article 15 and common specifications referred to in Article 16 and of the relevant provisions of Union harmonisation legislation and of national legislation;
2021/09/23
Committee: IMCO
Amendment 367 #

2020/0353(COD)

Proposal for a regulation
Article 25 – paragraph 8 – introductory part
8. The impartiality of a conformity assessment body, its top level management and the personnel responsible for carrying out the conformity assessment activitietasks shall be guaranteed.
2021/09/23
Committee: IMCO
Amendment 368 #

2020/0353(COD)

Proposal for a regulation
Article 25 – paragraph 8 – subparagraph 1
The remuneration of the top level management and the personnel responsible for carrying out the conformity assessments activitietasks shall not depend on the number of conformity assessments carried out or on the results of those assessments.
2021/09/23
Committee: IMCO
Amendment 369 #

2020/0353(COD)

Proposal for a regulation
Article 25 – paragraph 10
10. The personnel of a conformity assessment body shall observe professional secrecy with regard to all information obtained in carrying out the conformity assessment activitietasks in accordance with Annex VIII, except in relation to the competent authorities of the Member State in which its activities are carried out. Proprietary rights shall be protected.
2021/09/23
Committee: IMCO
Amendment 370 #

2020/0353(COD)

Proposal for a regulation
Article 25 – paragraph 11
11. A conformity assessment body shall participate in, or ensure that its personnel responsible for carrying out the conformity assessment activitietasks are informed of, the relevant standardisation activities and the activities of the notified body coordination group established pursuant to Article 37 and shall apply as general guidance the administrative decisions and documents produced as a result of the work of that group.
2021/09/23
Committee: IMCO
Amendment 377 #

2020/0353(COD)

Proposal for a regulation
Article 32 – paragraph 4
4. Where the Commission ascertains that a notified body does not meet or no longer meets the requirements for its notification, it shall adopt an implementing delegated act requesting the notifying authority to take the necessary corrective action, including withdrawal of the notification if necessary. That implementingdelegated act shall be adopted in accordance with the advisory procedure referred to in Article74(2) 73.
2021/09/23
Committee: IMCO
Amendment 381 #

2020/0353(COD)

Proposal for a regulation
Article 33 – paragraph 3
3. Where a notified body finds that the requirements set out in Chapters II and, III or Article 39, harmonised standards referred to in Article 15, common specifications referred to in Article 16 or other technical specifications have not been met by a manufacturer, it shall require that manufacturer to take appropriate corrective action in view of a second and final certification decision, unless the deficiencies cannot be remedied, in which case the certificate cannot be issued.
2021/09/23
Committee: IMCO
Amendment 393 #

2020/0353(COD)

Proposal for a regulation
Article 38 – paragraph 8
8. Manufacturers shall indicate their name, registered trade name or registered trade mark and, the postal address and, web address, e-mail address and telephone number at which they can be contacted on the packaging of the battery. The postal address shall indicate a single point at which the manufacturer can be contacted. Such information shall be in a language easily understood by end-users and market surveillance authorities and shall be clear, understandable and legible.
2021/09/23
Committee: IMCO
Amendment 395 #

2020/0353(COD)

39 Obligation for economic operators that place rechargeable industrial batteries and electric-vehicle batteries with internal storage and a capacity above 2 kWha battery on the market to establishconduct supply chain due diligence policies
2021/09/23
Committee: IMCO
Amendment 400 #

2020/0353(COD)

Proposal for a regulation
Article 39 – paragraph 1
1. As of [12 months after the entry into force of the Regulation] the economic operator that places rechargeable industrial batteries and electric-vehicle batteries with internal storage and a capacity above 2 kWha battery model on the market shall comply with thearry out supply chain due diligence, shall comply with obligations set out in paragraphs 2 to 5 of this Article and shall keep documentation demonstrating its respective compliance with those obligations, including the results of the third-party verification carried out by notified bodies.
2021/09/23
Committee: IMCO
Amendment 405 #

2020/0353(COD)

Proposal for a regulation
Article 39 – paragraph 2 – point a
(a) adopt, and clearly communicate to suppliers and the public, a company due diligence policy for the supply chain of batteries and raw materials indicated in Annex X, point 1, as well as for other associated environmental and human rights risks along the entire supply chain;
2021/09/23
Committee: IMCO
Amendment 411 #

2020/0353(COD)

(b) incorporate in its supply chain policy standards consistent with the standards set out in the model supply chain policy in Annex IIinternationally recognised due diligence standards listed in Annex X, point 4 to the OECD Due Diligence Guidance;
2021/09/23
Committee: IMCO
Amendment 413 #

2020/0353(COD)

Proposal for a regulation
Article 39 – paragraph 2 – point d – introductory part
(d) establish and operate a system of controls and transparency over the supply chain, including a chain of custody or traceability system or the, identification of ying upstream actors in the supply chain.
2021/09/23
Committee: IMCO
Amendment 415 #

2020/0353(COD)

Proposal for a regulation
Article 39 – paragraph 2 – point d – paragraph 1 – point i
(i) description of the raw material, including its trade name and type, as well as of services, hard and software as indicated in Annex X point 2;
2021/09/23
Committee: IMCO
Amendment 416 #

2020/0353(COD)

Proposal for a regulation
Article 39 – paragraph 2 – point d – paragraph 1 – point ii
(ii) name and address of the supplier that supplied the raw material present in the batteries, as well as of services, hard and software as indicated in Annex X point 2, to the economic operator that places on the market the batteries containing the raw material in question;
2021/09/23
Committee: IMCO
Amendment 419 #

2020/0353(COD)

Proposal for a regulation
Article 39 – paragraph 2 – point d – paragraph 2
The requirements set out in the current point (d) may be implemented through participation in industry-led schemes.deleted
2021/09/23
Committee: IMCO
Amendment 424 #

2020/0353(COD)

Proposal for a regulation
Article 39 – paragraph 2 – point f
(f) establish a grievance mechanism as an early-warning risk-awareness system as well as remediation mechanism for harm or provide such mechanism through collaborative arrangements with other economic operators or organisations, or by facilitating recourse to an external expert or body, such as an ombudsman.
2021/09/23
Committee: IMCO
Amendment 427 #

2020/0353(COD)

Proposal for a regulation
Article 39 – paragraph 3 – point a
(a) identify and assess the adverse impacts associated to the risk categories including amongst others the ones listed in Annex X, point 2, in its supply chain on the basis of the information provided pursuant to paragraph 2, as well as any further relevant information that may be either publicly available or be provided by third parties, including potentially affected communities or relevant civil society organisations, against the standards of their supply chain policy;
2021/09/23
Committee: IMCO
Amendment 430 #

2020/0353(COD)

Proposal for a regulation
Article 39 – paragraph 3 – point b – point ii
(ii) adopting risk management measures consistent with Annex IIthe internationally recognised due diligence standards listed in Annex X, point 4 to the OECD Due Diligence Guidance, considering their ability to influence, and where necessary take steps to exert pressure on suppliers and further business partners who can most effectively prevent or mitigate the identified risk;
2021/09/23
Committee: IMCO
Amendment 432 #

2020/0353(COD)

Proposal for a regulation
Article 39 – paragraph 3 – point b – point iii
(iii) implementing the risk management plan, monitoring and tracking performance of risk mitigation efforts, reporting back to senior management designated for this purpose and considering suspending or discontinuing engagement with a supplier and further business partners after failed attempts at mitigation, based on relevant contractual arrangements in line with the second subparagraph to paragraph 2 above;
2021/09/23
Committee: IMCO
Amendment 435 #

2020/0353(COD)

Proposal for a regulation
Article 39 – paragraph 3 – subparagraph 1
If the economic operator referred to in paragraph 1 pursues risk mitigation efforts while continuing trade or temporarily suspending trade, it shall consult with suppliers and with the stakeholders concerned, including local and central government authorities, international or civil society organisations and affected third parpotentially affected communities, and agree on a strategy for measurable risk mitigation in the risk management plan.
2021/09/23
Committee: IMCO
Amendment 438 #

2020/0353(COD)

Proposal for a regulation
Article 39 – paragraph 3 – subparagraph 2
The economic operator referred to in paragraph 1 shall identify and assess the probability of adverse impacts in the risk categories listed in Annex X, point 2, in its supply chain based on available reports by third-party verification done by a notified body concerning the suppliers in that chain, and, by assessing, as appropriate, its due diligence practices. Those verification reports shall be in accordance with the first subparagraph in paragraph 4. In the absence of such third-party verification reports concerning suppliers, the economic operator referred to in paragraph 1 shall identify and assess the risks in its supply chain as part of its own risk management systems. In such cases, economic operators referred to in paragraph 1 shall carry outvalue chain. The economic operators referred to in paragraph 1 may make use of third -party verifications of its own supply chains due diligence via a notified body in accordance with the first subparagraph in paragraph 4 reports for that purpose.
2021/09/23
Committee: IMCO
Amendment 444 #

2020/0353(COD)

Proposal for a regulation
Article 39 – paragraph 7
7. The Commission shall develop guidance as regards the application of the due diligence requirements defined in paragraphs 2 and 3 of this Article, with regard to the social and environmental risks referred to in Annex X, point 2, and particularly in line with the international instruments referred to in Annex X, point 3 and 4.
2021/09/23
Committee: IMCO
Amendment 447 #

2020/0353(COD)

Proposal for a regulation
Article 39 – paragraph 8 – point b
(b) amend the obligations on the economic operator referred to in paragraph 1 set out in paragraphs 2 to 4 in view of amendments to Regulation (EU) 2017/821 and changes to the due diligence recommendations set out in Annex Ithe internationally recognised due diligence standards in Annex X, point 4 to the OECD Due Diligence Guidance.
2021/09/23
Committee: IMCO
Amendment 453 #

2020/0353(COD)

Proposal for a regulation
Article 41 – paragraph 3
3. Importers shall indicate on the battery their name, registered trade name or registered trade mark, and the address at which they can be contacted or, wthere that is not possible, e-mail address and the telephone number on its packaging or in a document accompanying the battery. The contact details shall be in a language easily understood by consumers, other end-users and the market surveillance authorities.
2021/09/23
Committee: IMCO
Amendment 459 #

2020/0353(COD)

Proposal for a regulation
Article 42 – paragraph 5
5. Distributors who consider or have reason to believe that a battery, which they have made available on the market, is not in conformity with the requirements set out in Chapters II and III shall make sure that the corrective action necessary to bring that battery into conformity, to withdraw it or recall it, as appropriate, are taken. Furthermore, where the battery presents a risk, distributors shall immediately inform the national authority of the Member States in which they made the battery available on the market to that effect, giving details, in particular, of the non-compliance and of any corrective action taken. If there is no other actor available to consumers, distributors shall take full responsibility for the products they offer.
2021/09/23
Committee: IMCO
Amendment 467 #

2020/0353(COD)

Proposal for a regulation
Article 60 – paragraph 1 – point a
(a) the contribution of end users to waste prevention, including by information on good practices and the producer's safety recommendations concerning the use of batteries aiming at extending their use phase and the possibilities of preparation for reuse;
2021/09/23
Committee: IMCO
Amendment 470 #

2020/0353(COD)

Proposal for a regulation
Article 60 – paragraph 1 – subparagraph 1 – point b
(b) in a language, which can be easily understood by consumers and other end- users, other end-users and accessible for persons with disabilities in accordance with requirements of Directive (EU)2019/882 (European Accessibility Act), as determined by the Member State concerned.
2021/09/23
Committee: IMCO
Amendment 473 #

2020/0353(COD)

Proposal for a regulation
Article 60 – paragraph 4
4. Distributors that supply batteries to end-users shall provide in their retail premises, in a visible manner and permanently, and through their online marketplaces the information listed in paragraph 1 and 2, and information on how the end users may return waste batteries free of charge to the respective collection points established at retail outlets or on behalf of a marketplace. That obligation shall be limited to the types of batteries which the distributor or retailer has, or had, as new batteries in its offer.
2021/09/23
Committee: IMCO
Amendment 478 #

2020/0353(COD)

Proposal for a regulation
Article 64 – paragraph 5 – introductory part
5. The Commission shall, by 31 December 2024, adopt implementingdelegated acts to establish:
2021/09/23
Committee: IMCO
Amendment 480 #

2020/0353(COD)

Proposal for a regulation
Article 64 – paragraph 5 – subparagraph 1
Those implementingdelegated acts shall be adopted in accordance with the examination procedure referred to in Article 74(3)3.
2021/09/23
Committee: IMCO
Amendment 495 #

2020/0353(COD)

Proposal for a regulation
Article 65 – paragraph 7 – introductory part
7. The Commission is empowered to adopt implementingdelegated acts to establish the rules for accessing, sharing, managing, exploring, publishing and reusing of the information and data accessible through the battery passport.
2021/09/23
Committee: IMCO
Amendment 496 #

2020/0353(COD)

Those implementingdelegated acts shall be adopted in accordance with the examination procedure referred to in Article 74(3)3.
2021/09/23
Committee: IMCO
Amendment 498 #

2020/0353(COD)

Proposal for a regulation
Article 66 – paragraph 1 – introductory part
1. Where the market surveillance authorities of one Member State have sufficient reason to believe that a battery covered by this Regulation presents a risk to human health or safety of persons, to property or to the environment, they shall carry out an evaluation in relation to the battery concerned covering all relevant requirements laid down in this Regulation. The relevant economic operator shall be responsible for, and be able to demonstrate full compliance with, the respective obligations. The burden of proof lies on the relevant economic operator.
2021/09/23
Committee: IMCO
Amendment 500 #

2020/0353(COD)

Proposal for a regulation
Article 66 – paragraph 1 – subparagraph 1
Where, in the course of the evaluation referred to in the first subparagraph, the market surveillance authorities find that the battery does not comply with the requirements laid down in this Regulation, they shall without delay require the relevant economic operator to take all appropriate corrective action to bring the battery into compliance with those requirements, to withdraw it from the market, or to recall it within a reasonable period which is commensurate with the nature of the risk referred to in the first subparagraph and to stop the sale until compliance is guaranteed. Where corrective actions are not appropriate or not possible, the market surveillance authorities shall without delay require the relevant economic operator to ban the sale, withdraw it from the market, to notify and to inform consumers and to recall it without undue delay.
2021/09/23
Committee: IMCO
Amendment 507 #

2020/0353(COD)

Proposal for a regulation
Article 67 – paragraph 1 – introductory part
1. Where, on completion of the procedure set out in Article 66(3) and (4), objections are raised against a measure taken by a Member State, or where the Commission considers a national measure to be contrary to Union legislation, the Commission shall without delay enter into consultation with the Member States and the relevant economic operator or operators and shall evaluate the national measure. On the basis of the results of that evaluation, the Commission shall decide by means of an implementingdelegated act whether the national measure is justified or not.
2021/09/23
Committee: IMCO
Amendment 508 #

2020/0353(COD)

Proposal for a regulation
Article 67 – paragraph 1 – subparagraph 1
That implementingdelegated act shall be adopted in accordance with the examination procedure referred to in Article 74(3)3.
2021/09/23
Committee: IMCO
Amendment 511 #

2020/0353(COD)

Proposal for a regulation
Article 68 – paragraph 4
4. The Commission shall without delay enter into consultation with the Member States and the relevant economic operator or operators and shall evaluate the national measures taken. On the basis of the results of that evaluation, the Commission shall adopt an implementing delegated act in the form of a decision determining whether the national measure is justified or not and, where necessary, ordering appropriate measures.
2021/09/23
Committee: IMCO
Amendment 512 #

2020/0353(COD)

Proposal for a regulation
Article 68 – paragraph 5
5. That implementingdelegated act shall be adopted in accordance with the examination procedure referred to in Article 74(3)3.
2021/09/23
Committee: IMCO
Amendment 513 #

2020/0353(COD)

Proposal for a regulation
Article 68 – paragraph 6
6. On duly justified imperative grounds of urgency relating to the protection of human health and safety of persons, and to the protection of property or to the environment, the Commission shall adopt an immediately applicable implementingdelegated act in accordance with the procedure referred to in Article 74(3)3.
2021/09/23
Committee: IMCO
Amendment 515 #

2020/0353(COD)

Proposal for a regulation
Article 69 – paragraph 1 – introductory part
1. Without prejudice to Article 66, where a Member State finds that a battery falling outside the scope of Article 68 is non-compliant with this Regulation or an economic operator has infringed an obligation set out in this Regulation, shall require the relevant economic operator to put an end to the non-compliance concerned. To facilitate this task, Member States shall establish easily accessible reporting channels for consumers on non- compliance. Such non compliances shall include the following:
2021/09/23
Committee: IMCO
Amendment 518 #

2020/0353(COD)

Proposal for a regulation
Article 69 – paragraph 1 – point k a (new)
(k a) the requirements on electronical availability of information referred to in Article 64 are not fulfilled;
2021/09/23
Committee: IMCO
Amendment 519 #

2020/0353(COD)

Proposal for a regulation
Article 69 – paragraph 1 – point k b (new)
(k b) the requirements on battery passport referred to in Article 65 are not fulfilled.
2021/09/23
Committee: IMCO
Amendment 521 #

2020/0353(COD)

Proposal for a regulation
Article 69 – paragraph 3 a (new)
3 a. Competent authorities of the Member States shall be granted investigative powers to carry out appropriate controls, risk-based or on grounds of received information, to detect possible non-compliance.
2021/09/23
Committee: IMCO
Amendment 523 #

2020/0353(COD)

Proposal for a regulation
Article 70 – paragraph 1
1. Contracting authorities, as defined in Article 2(1) of Directive 2014/24/EU or Article 3(1) of Directive 2014/25/EU, or contracting entities, as defined in Article 4(1) of Directive 2014/25/EU shall, when procuring batteries or products containing batteries in situations covered by those Directives, take account ofgive mandatory preference to the best available environmentally friendly batteries through a product database, while taking into account the environmental impacts of batteries over their whole life cycle and the lifetime with a view to ensure that such impacts of the batteries procured are kept to a minimum. Single-use batteries shall only be procured on an exceptional, duly justified, basis.
2021/09/23
Committee: IMCO
Amendment 525 #

2020/0353(COD)

Proposal for a regulation
Article 70 – paragraph 2
2. The obligation set out in paragraph 1 shall apply to any contracts entered into by contracting authorities or contracting entities for the purchase of batteries or products containing batteries and shall mean that these contracting authorities and contracting entities are obliged to include technical specifications and award criteria based on Articles 7 to 10 and 39 to ensure that a product is chosen among products with significantly lower environmental impacts over their lifecycle.
2021/09/23
Committee: IMCO
Amendment 527 #

2020/0353(COD)

Proposal for a regulation
Article 70 – paragraph 3
3. The Commission shall, by 31 December 2026, adopt delegated acts in accordance with Article 73 supplementing this Regulation by establishing minimum mandatory green public procurement criteria or targets based on the requirements set out in Articles 7 to 10, and 39.
2021/09/23
Committee: IMCO
Amendment 533 #

2020/0353(COD)

Proposal for a regulation
Article 73 – paragraph 6
6. A delegated act adopted pursuant to Articles 6(2), 7(1), (2) and (3), 9(2), 10(3), 12(2), 13(7), 16(1), 17(4), 27(3), 32(4), 39(8), 55(4), 56(4), 57(6), 58(3), 64(5) and (7), 67(1), 68(4) and (6), and 70(2) shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.
2021/09/23
Committee: IMCO
Amendment 534 #

2020/0353(COD)

Proposal for a regulation
Article 75 – title
Amendments to Regulation (EU) 21019/1020
2021/09/23
Committee: IMCO
Amendment 537 #

2020/0353(COD)

Proposal for a regulation
Article 76 – title
PAccess to justice and penalties
2021/09/23
Committee: IMCO
Amendment 538 #

2020/0353(COD)

Proposal for a regulation
Article 76 – paragraph 1
Member States shall lay down the rules on penalties applicable to infringements of this Regulation and shall take all measures necessary to ensure that they are implementedeffective access to justice in the EU, whether the harm occurred inside or outside the EU, for victims of harm by ensuring remediation and liability as well as penalties applicable to infringements of this Regulation and shall take all measures necessary to ensure that they are implemented. Economic operators are liable for harm they, or a company they control or have the ability to control, have caused or contributed to. Where two or more operators are liable for the same harm, they shall be liable jointly. The penalties provided for shall be effective, proportionate and dissuasive. 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.
2021/09/23
Committee: IMCO
Amendment 565 #

2020/0353(COD)

Proposal for a regulation
Annex III – title
Electrochemical performance and durability parameters for portable batteries of general useand batteries for light means of transport
2021/09/23
Committee: IMCO
Amendment 576 #

2020/0353(COD)

Proposal for a regulation
Annex VI – Part C – paragraph 1
The QR code shall be 100% blackof a single colour either 100% black or 100% white in order to give the best contrast against the surface colour of the battery and of a size that is easily readable by a commonly available QR reader, such as those integrated in hand-held communication devices.
2021/09/23
Committee: IMCO
Amendment 590 #
2021/09/23
Committee: IMCO
Amendment 591 #
2021/09/23
Committee: IMCO
Amendment 592 #
2021/09/23
Committee: IMCO
Amendment 593 #

2020/0353(COD)

Proposal for a regulation
Annex X – point 1 a (new)
1 a. Services, hardware and software
2021/09/23
Committee: IMCO
Amendment 594 #

2020/0353(COD)

Proposal for a regulation
Annex X – point 2 – point a
(a) air (including but not limited to air pollution);
2021/09/23
Committee: IMCO
Amendment 595 #

2020/0353(COD)

Proposal for a regulation
Annex X – point 2 – point b
(b) water (including but not limited to water contamination, access to water, water usage and depletion);
2021/09/23
Committee: IMCO
Amendment 596 #

2020/0353(COD)

Proposal for a regulation
Annex X – point 2 – point c
(c) soil (including but not limited to soil contamination, soil erosion and land degradation);
2021/09/23
Committee: IMCO
Amendment 597 #

2020/0353(COD)

Proposal for a regulation
Annex X – point 2 – point d
(d) biodiversity (including but not limited to damage to habitats, wildlife, flora and ecosystem services);
2021/09/23
Committee: IMCO
Amendment 601 #

2020/0353(COD)

Proposal for a regulation
Annex X – point 2 – point i
(i) community life including that of indigenous people;.
2021/09/23
Committee: IMCO
Amendment 603 #
2021/09/23
Committee: IMCO
Amendment 604 #

2020/0353(COD)

Proposal for a regulation
Annex X – point 2 – point i b (new)
(i b) waste treatment (including but not limited to mine tailings)
2021/09/23
Committee: IMCO
Amendment 609 #
2021/09/23
Committee: IMCO
Amendment 610 #

2020/0353(COD)

Proposal for a regulation
Annex X – point 3 – point f b (new)
(f b) All international human rights conventions that are binding the European Union or its Member States, including the International Bill of Human Rights;
2021/09/23
Committee: IMCO
Amendment 611 #

2020/0353(COD)

Proposal for a regulation
Annex X – point 3 – point f c (new)
(f c) International humanitarian law instruments, such as the Geneva Conventions and their additional protocols, as well as instruments defining obligations under international criminal law and arms control conventions;
2021/09/23
Committee: IMCO
Amendment 612 #

2020/0353(COD)

Proposal for a regulation
Annex X – point 3 – point f d (new)
(f d) ILO instruments on rights at work, freedom of association, collective bargaining, minimum age, occupational safety and health, and equal remuneration, including:· ILO Declaration on fundamental principles and rights at work; ILO Convention on freedom of association and collective bargaining; ILO Convention on elimination of forced labour; ILO Convention on elimination of child labour; ILO Convention of elimination of discrimination in respect of employment and occupation;
2021/09/23
Committee: IMCO
Amendment 613 #

2020/0353(COD)

Proposal for a regulation
Annex X – point 3 – point f e (new)
(f e) Relevant regional human rights instruments, including the African Charter of Human and Peoples’ Rights, the American Convention on Human Rights, the European Convention on Human Rights, the European Social Charter, the Charter of Fundamental Rights of the European Union;
2021/09/23
Committee: IMCO
Amendment 614 #

2020/0353(COD)

Proposal for a regulation
Annex X – point 3 – point f f (new)
(f f) National constitutions and laws recognising or implementing human rights;
2021/09/23
Committee: IMCO
Amendment 615 #

2020/0353(COD)

Proposal for a regulation
Annex X – point 3 a (new)
3 a. The internationally recognized due diligence principles applicable to the due diligence established under Art. 39 of this Regulation: a) UN Guiding Principles for Businesses and Human Rights; b) ILO Tripartite Declaration of Principles concerning Multinational Enterprises and Social Policy; c) OECD Guidelines for Multinational Enterprises; d) ILO Tripartite Declaration of Principles concerning Multinational Enterprises and Social Policy; e) OECD Due Diligence Guidance for Responsible Business Conduct; f) OECD Due Diligence Guidance for Responsible Supply Chains of Minerals from Conflict-Affected and High-Risk Areas.
2021/09/23
Committee: IMCO
Amendment 1035 #

2020/0353(COD)

Proposal for a regulation
Article 50 – paragraph 1
1. Distributors shall take back waste 1. batteries from the end-user at no charge and without an obligation to buy a new battery, regardless of their chemical composition or origin. Take back for portable batteries shall be provided at or in the immediate vicinity of their retail outlet. Take back for waste automotive batteries, industrial batteries and electric vehicle batteries shall be provided at or in the vicinity of their retail outlet. This obligation is limited to the types of waste batteries which the distributor has, or had, as new batteries in its offer and, for portable batteries, to the quantity that non professional end-users normally discard.
2021/10/26
Committee: ENVI
Amendment 1041 #

2020/0353(COD)

Proposal for a regulation
Article 51 – paragraph 1
1. End users shall discard waste batteries separately from other waste streams, including from mixed municipal waste, provided that take-back measures are in place at a reasonable distance and within reach.
2021/10/26
Committee: ENVI
Amendment 23 #

2020/0322(COD)

Proposal for a regulation
Recital 8 a (new)
(8a) In light of the lessons learnt during the ongoing COVID-19 pandemic, this Regulation should create a more robust framework for coordination at Union level. The shift for procurement of PPE, medical equipment and vaccines (under rescEU, the Joint Procurement Agreement (JPA) and the EU Emergency Support Initiative (ESI)) from national to European level has been effective and beneficial to citizens. It avoids competition between Member States and guarantees a secure, fair, equitable and affordable access to medical countermeasures. Therefore, joint procurement procedures should be applied by default for medical countermeasures to cross border threats to health.
2021/04/21
Committee: IMCO
Amendment 27 #

2020/0322(COD)

Proposal for a regulation
Recital 8 b (new)
(8b) To ensure resilience of the single market during future health emergency situations and in order to reduce the dependence on third countries, this Regulation should foster the creation of minimum European stocks of medical countermeasures as strategic products.
2021/04/21
Committee: IMCO
Amendment 28 #

2020/0322(COD)

Proposal for a regulation
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. The exclusivity clause should entail that participating countries may not negotiate and/or conclude parallel contracts with producers; otherwise they should be excluded from the group of participating countries. The Commission should ensure coordination and information exchange between the entities organizing any action under different mechanisms established under this Regulation and other relevant Union structures related to procurement and stockpiling of medical countermeasures, such as the strategic rescEU reserve under Decision No 1313/2013/EU of the European Parliament and of the Council16 . Transparency measures must be improved in order to guarantee rapid, equal, fair and affordable access to critical medical countermeasures as fast as possible whilst avoiding price speculation between Member States. In case that joint procurement procedures are not applied, a high level of transparency regarding pricing, reimbursement of different treatments, medical products marketing and health technology assessment needs to be guaranteed, to allow Member States equal conditions when negotiating with pharmaceutical companies. __________________ 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).
2021/04/21
Committee: IMCO
Amendment 39 #

2020/0322(COD)

Proposal for a regulation
Recital 9 a (new)
(9a) In order to ensure a fair and equal procedure and access for all European citizens, the European Parliament shall scrutinize contracts concluded under the Joint Procurement Procedure.
2021/04/21
Committee: IMCO
Amendment 58 #

2020/0322(COD)

Proposal for a regulation
Recital 15
(15) The Member States have a responsibility to manage public health crises at national level. However, measures taken by individual Member States could affect the interests of other Member States if they are inconsistent with one another or based on diverging risk assessments. The aim to coordinate the response at Union level should, therefore, seek to ensure, inter alia, thatavoid competition between Member States seek to ensure, inter alia, fair, equitable and affordable access to medical countermeasures across Europe. The measures taken at national level arshall be proportionate and limited to public health risks related to serious cross- border threats to health, and do not conflict with obligations and rights laid down in the Treaty on the Functioning of the European Union such as those related to free movement of persons, goods and services.
2021/04/21
Committee: IMCO
Amendment 63 #

2020/0322(COD)

Proposal for a regulation
Recital 18
(18) The recognition of public health emergency situations and the legal effects of this recognition provided by Decision No 1082/2013/EU should be broadened. To this end, this Regulation should allow for the Commission to formally recognise a public health emergency at Union level through the creation of a new mechanism that increases the coordination and facilitates joint procurement procedures for the development, stockpiling and donation of medical countermeasures. In order to recognise such an emergency situation, the Commission should establish an independent advisory committee that will provide expertise on whether a threat constitutes a public health emergency at Union level, and advise on public health response measures and on the termination of this emergency recognition. The advisory committee should consist of independent experts, selected by the Commission from the fields of expertise and experience most relevant to the specific threat that is occurring, representatives of the ECDC, of the EMA, and of other Union bodies or agencies as observers, and of the European Parliament. Recognition of a public health emergency at Union level will provide the basis for introducing operational public health measures for medical products and medical devices, flexible mechanisms to develop, procure, manage and deploy medical countermeasures as well as the activation of support from the ECDC to mobilise and deploy outbreak assistance teams, known as ‘EU Health Task Force’.
2021/04/21
Committee: IMCO
Amendment 76 #

2020/0322(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point c
(c) joint procurement, management and deployment of medical countermeasures;
2021/04/21
Committee: IMCO
Amendment 80 #

2020/0322(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 7
(7) ‘serious cross-border threat to health’ means a life-threatening or otherwise serious hazard to health of biological, chemical, environmental, climate or unknown origin which spreads or entails a significant risk of spreading across the national borders of Member States, and which may necessitate coordination at Union level in order to ensure a high level of human health protection;
2021/04/21
Committee: IMCO
Amendment 111 #

2020/0322(COD)

Proposal for a regulation
Article 12 – paragraph 1
1. The Commission and any Member States which so desire may engage in aWith a view to the advance purchase of medical countermeasures for serious cross-border threats to health, joint procurement procedures conducted pursuant to Article 165(2) of Regulation (EU, Euratom) 2018/1046 of the European Parliament and of the Council 29 with a view to the advance purchase of medical countermeasures for serious cross-border threats to heashould be conducted by defaulth. __________________ 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).
2021/04/21
Committee: IMCO
Amendment 120 #

2020/0322(COD)

Proposal for a regulation
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 only 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 an exclusion from the group of participating countries.
2021/04/21
Committee: IMCO
Amendment 125 #

2020/0322(COD)

Proposal for a regulation
Article 12 – paragraph 2 – point c a (new)
(ca) the joint procurement shall be conducted in such a way so as to strengthen the purchasing power of participating countries, improve the security of supply and ensure fair, equitable and affordable, access to medical countermeasures against serious cross-border threats to health;
2021/04/21
Committee: IMCO
Amendment 144 #

2020/0322(COD)

Proposal for a regulation
Article 12 – paragraph 3 a (new)
3a. In case the joint procurement procedure for medical countermeasures is not applied, the European Commission as well as the Member States shall guarantee transparency of net pricing, delivery dates and reimbursement, to allow Member States equal conditions when negotiating with pharmaceutical companies.
2021/04/21
Committee: IMCO
Amendment 8 #

2020/0155(COD)

Proposal for a regulation
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), entrepreneurs and the social economy 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).
2020/10/21
Committee: IMCO
Amendment 11 #

2020/0155(COD)

Proposal for a regulation
Recital 2 a (new)
(2a) The current situation makes European companies and especially SMEs and start-ups more fragile and vulnerable. The removal of unjustified barriers and red tape where appropriate, in order to facilitate and diversify funding sources for European companies, with a particular focus on SMEs, including start-ups and mid-caps, can help promoting their ability to access equity markets, and to access more diverse, longer-term and more competitive investment opportunities for retail and large investors.
2020/10/21
Committee: IMCO
Amendment 15 #

2020/0155(COD)

Proposal for a regulation
Recital 5
(5) Companies that have had shares admitted to trading on a regulated market or traded on an SME Growth market continuously for at least the last 18 months before the offer of shares or admission to trading, should have complied with periodic and ongoing disclosure requirements under Regulation (EU) No 596/2014 of the European Parliament and the Council15 , Directive 2004/109/EC of the European Parliament and of the Council16 or Commission Delegated Regulation (EU) 2017/56517 . Hence, many of the required content of a prospectus will already be publicly available and investors will be trading on the basis of that information. Therefore, the EU Recovery prospectus should only be used for secondary issuances and should only focus on essential, accurate, and up-to-date information that any investors need to make informed investment decisions. Information should be provided in a clear and intelligible manner so as to enable individual investors to assess and understand the risks in their own capacity. The information should be made easily accessible to any citizens by the competent authority of the Member State where the offer is issued, and by the issuer, where possible. __________________ 15Regulation (EU) No 596/2014 of the European Parliament and of the Council of 16 April 2014 on market abuse (market abuse regulation) and repealing Directive 2003/6/EC of the European Parliament and of the Council and Commission Directives 2003/124/EC, 2003/125/EC and 2004/72/EC (OJ L 173, 12.6.2014, p. 1). 16 Directive 2004/109/EC of the European Parliament and of the Council of 15 December 2004 on the harmonisation of transparency requirements in relation to information about issuers whose securities are admitted to trading on a regulated market and amending Directive 2001/34/EC (OJ L 390, 31.12.2004, p. 38). 17Commission Delegated Regulation (EU) 2017/565 of 25 April 2016 supplementing Directive 2014/65/EU of the European Parliament and of the Council as regards organisational requirements and operating conditions for investment firms and defined terms for the purposes of that Directive (OJ L 87, 31.3.2017, p. 1).
2020/10/21
Committee: IMCO
Amendment 18 #

2020/0155(COD)

Proposal for a regulation
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, savers, SMEs and start-ups. That summary should be a self-contained part 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 reviewing the EU Recovery prospectus as a whole to take their decision.
2020/10/21
Committee: IMCO
Amendment 20 #

2020/0155(COD)

Proposal for a regulation
Recital 7 a (new)
(7a) Unharmonised practices regarding the structure of the information presented in the EU Recovery Prospectus could be to the detriment of investors’ clear understanding and increase market fragmentation. In order to provide an appropriate level of clarity throughout the Union, issuers should present information from Annex Va in the same order as presented in that Annex.
2020/10/21
Committee: IMCO
Amendment 23 #

2020/0155(COD)

Proposal for a regulation
Recital 10 a (new)
(10a) In order to avoid the bankruptcy of many European companies, one of the main objectives of this amending Regulation should be to make it easier for investors to assess companies, since it is usually difficult for them to evaluate young and small firms with a short business record, thus hindering innovative openings, especially by young entrepreneurs.
2020/10/21
Committee: IMCO
Amendment 32 #

2020/0155(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 3
Regulation (EU) 2017/1129
Article 7 – paragraph 12 a – point b a (new)
(ba) written in a language that is accepted by the competent authority of the Member States where the offer is issued;
2020/10/21
Committee: IMCO
Amendment 37 #

2020/0155(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 4
Regulation (EU) 2017/1129
Article 14 a – paragraph 2 – subparagraph 2
The information contained in the EU Recovery prospectus shall be written and presented in an intelligible, easily analysable, concise and comprehensible form and shall enable investorsy investors, in particular SMEs and savers, in order to make an informed investment decision. The competent authority shall also take into account whether the issuer has disclosed the regulated information to the public pursuant to Directive 2004/109/EC, where applicable, Regulation (EU) No 596/2014 and, where applicable, information referred to in Commission Delegated Regulation (EU) 2017/565. The competent authority shall ensure that the Recovery prospectus is easily accessible to any investors.
2020/10/21
Committee: IMCO
Amendment 40 #

2020/0155(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 4
Regulation (EU) 2017/1129
Article 14 a – paragraph 2 – subparagraph 5
Issuers may decideWhen presenting the necessary information in the EU Recovery prospectus, issuers should follow the order in which the information referred to in Annex Va is set out in the EU Recovery prospectuspresented.
2020/10/21
Committee: IMCO
Amendment 43 #

2020/0155(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 7 – point b a (new)
Regulation (EU) 2017/1129
Article 23 – paragraph 7 a (new)
(ba) the following paragraph is added: "7a. The time limits provided for in Article 23(2) and (3) should expire on [18 months from the date of application of this Regulation]."
2020/10/21
Committee: IMCO
Amendment 48 #

2020/0155(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 9
Regulation (EU) 2017/1129
Article 48 – paragraph 2 – point b
(b) an analysis of whether the EU Growth prospectus strikes a proper balance between investor protection, in particular retail investors, SMEs and start-ups, and the reduction of administrative burdens for the persons entitled to use it;
2020/10/21
Committee: IMCO
Amendment 53 #

2020/0155(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 9
Regulation (EU) 2017/1129
Article 48 – paragraph 2 – point e
(e) an analysis of whether the EU Recovery prospectuses strikes a proper balance between investor protection, in particular retail investors, SMEs and start-ups, and the reduction of administrative burden for the persons entitled to use it.;
2020/10/21
Committee: IMCO
Amendment 67 #

2020/0155(COD)

Proposal for a regulation
Annex I
Regulation (EU) 2017/1129
Annex Va – section I – paragraph 1
The purpose is to promote greater transparency and identify the company issuing shares, including its legal entity identifier (‘LEI’), its Member State of incorporation and the website where investors can find information on the company’s business operations, 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.
2020/10/21
Committee: IMCO
Amendment 7 #

2019/2210(INI)

Motion for a resolution
Citation 11 a (new)
– having regard to the conclusions of the 2003rd Council meeting on the application of conditionality with a view to developing a coherent EU-strategy for the relations with the countries in the region of 29/30 April 1997,
2020/03/02
Committee: AFET
Amendment 12 #

2019/2210(INI)

Motion for a resolution
Citation 12
– having regard to the Berlin Process, launched on 28 August 2014, in particular the declaration of the Western Balkans Foreign Ministers on regional cooperation and bilateral disputes of 27 August 2015, and the establishment of the Regional Youth Cooperation Office (RYCO),
2020/03/02
Committee: AFET
Amendment 14 #

2019/2210(INI)

Motion for a resolution
Citation 12 a (new)
– having regard to the European Parliament resolution of 9 July 2015 on the Srebrenica Commemoration1a, __________________ 1a Text adopted, P8_TA(2015)0276.
2020/03/02
Committee: AFET
Amendment 28 #

2019/2210(INI)

Motion for a resolution
Recital A
A. whereas enlargement has been one of the EU’s most successful policies and the most effective foreign policy instrument contributing to extending the area of democracy, peace and prosperity across Europereach of the Union’s core values of respect for human dignity, freedom, peace, democracy, equality, the rule of law and respect for human rights, including the rights of persons belonging to minorities;
2020/03/02
Committee: AFET
Amendment 78 #

2019/2210(INI)

Motion for a resolution
Paragraph 1 – point a
(a) to enhance the accession process by ensuring that it strengthens fundamental values and brings sustainable democratic, economic and economiclogical transformation and social convergence, and by making sure that the internal reform of the EU and its enlargement run in parallel;
2020/03/02
Committee: AFET
Amendment 127 #

2019/2210(INI)

Motion for a resolution
Paragraph 1 – point h a (new)
(ha) to encourage the National Parliaments to use the European Parliament’s democracy support tools such as Jean Monnet Dialogue and Inter- Party Dialogue in order to facilitate political work on parliamentary dialogue and to enhance accountability, oversight, democratic scrutiny and quality of legislative work;
2020/03/02
Committee: AFET
Amendment 155 #

2019/2210(INI)

Motion for a resolution
Paragraph 1 – point k a (new)
(ka) to defend the interest of the Union by mitigating the negative effect of free- trade agreements with the Eurasian Economic Union signed by countries which have applied for membership in the European Union and who have been granted the opportunity of a Stabilisation and Association Agreement with the European Union, including by reviewing the level of assistance provided to such countries;
2020/03/02
Committee: AFET
Amendment 171 #

2019/2210(INI)

Motion for a resolution
Paragraph 1 – point m
(m) to recognise the negative effects of the European Council’s failure to open accession negotiations with Albania and North Macedonia in June 2018, June 2019 and October 2019 and to acknowledge that opening accession talks would restore credibility to the accession process, as recommended by the European Parliament and the Commission;
2020/03/02
Committee: AFET
Amendment 190 #

2019/2210(INI)

Motion for a resolution
Paragraph 1 – point o
(o) to grant visa liberalisation to Kosovo, as the benchmarks have been fulfilledconfirmed fulfilled by the Commission since July 2018;
2020/03/02
Committee: AFET
Amendment 194 #

2019/2210(INI)

Motion for a resolution
Paragraph 1 – point o a (new)
(oa) to call upon the Council to adopt without delay the Proposal for a Regulation of the European Parliament and of the Council amending Regulation (EC) No 539/2001 listing the third countries whose nationals must be in possession of visas when crossing the external borders and those whose nationals are exempt from that requirement (Kosovo*) of 4 May 2016 (2016/0139 (COD));
2020/03/02
Committee: AFET
Amendment 202 #

2019/2210(INI)

Motion for a resolution
Paragraph 1 – point p
(p) to bring the primacy of democracy and the rule of law, human and fundamental rights back to the very centre of the enlargement process by opening first and closing last the chapters related to the judiciary, corruption and organised crime, as well as those related to respect for human rights and media freedom;
2020/03/02
Committee: AFET
Amendment 206 #

2019/2210(INI)

Motion for a resolution
Paragraph 1 – point q
(q) to enhance the ownership of Member States of the enlargement process by increaseing the involvement of rule of law experts from the Member States on the ground and to improve the measuring of progress in this area, while continuing to adhere to current, long-standing objective standards and not overly politicising this technical stage of the enlargement process;
2020/03/02
Committee: AFET
Amendment 212 #

2019/2210(INI)

Motion for a resolution
Paragraph 1 – point q a (new)
(qa) to increase the consultation of rule of law experts from the Member States, civil society and human rights defenders on the ground and to improve the measuring of developments in this area, in particularly drawing upon the monitoring reports and recommendations of the Council of Europe and other standard setting bodies, while strengthening the role of the Commission in line with the letter and spirit of the Treaties;
2020/03/02
Committee: AFET
Amendment 214 #

2019/2210(INI)

Motion for a resolution
Paragraph 1 – point q b (new)
(qb) to similarly involve standing rapporteurs for the Western Balkans countries of the European Parliament in the process and on the ground;
2020/03/02
Committee: AFET
Amendment 248 #

2019/2210(INI)

Motion for a resolution
Paragraph 1 – point w
(w) to insist on the full implementation of court rulings, including all rulings of the European Court of Human Rights and constitutional courts; and the recommendations of the Council of Europe monitoring bodies, including the European Commission against Racism and Intolerance (ECRI);
2020/03/02
Committee: AFET
Amendment 251 #

2019/2210(INI)

Motion for a resolution
Paragraph 1 – point x
(x) to increase EU engagement in solving outstanding bilateral issues and to urge the Western Balkan countries to commit to reconciliation and peaceful solutions to longstanding disputes on the basis of international law, human rights standards, including the Framework Convention of National Minorities, the European Charter of Regional and Minority Languages and the European Charter of Local Self-Government;
2020/03/02
Committee: AFET
Amendment 265 #

2019/2210(INI)

Motion for a resolution
Paragraph 1 – point x a (new)
(xa) to strengthen the accession process in view of deepening the solidarity between the peoples of the Western Balkans countries and the Member States while respecting their history, their culture and their traditions;
2020/03/02
Committee: AFET
Amendment 267 #

2019/2210(INI)

Motion for a resolution
Paragraph 1 – point y
(y) to recall and urge the Western Balkan countries to increase their effortcomply with their international obligations in the prosecution of war crimes and the resolution of missing persons cases; determination of the fate of missing persons; including full cooperation with the United Nations Residual Mechanisms for Criminal Tribunals, the Kosovo* Specialist Chambers and Specialist Prosecutor and the explicit upholding of the work and the findings of the International Criminal Tribunal for the former Yugoslavia, including the promotion and dissemination of the work and legacy of the ICTY to their citizens and within their judicial system and training;
2020/03/02
Committee: AFET
Amendment 277 #

2019/2210(INI)

Motion for a resolution
Paragraph 1 – point a a
(aa) to call for a stronger legal framework to prevent and actively to fight femicide and violence against women, including by recalling the obligations of the Council of Europe Convention on preventing and combating violence against women and domestic violence to the Western Balkans states and by undertaking the necessary steps for the EU’s ratification of said Convention;
2020/03/02
Committee: AFET
Amendment 299 #

2019/2210(INI)

Motion for a resolution
Paragraph 1 – point ad a (new)
(ada) to support the regional dialogue platform “Bridging the Gap” established by the European Parliament’s Young Political Leaders Programme in the efforts to eliminate the gap between youth policy, youth participation and Parliamentarians in the Western Balkans and to encourage concrete actions to enhance youth participation in politics and the implementation of youth-centred policies throughout the Western Balkans;
2020/03/02
Committee: AFET
Amendment 317 #

2019/2210(INI)

Motion for a resolution
Paragraph 1 – point ag a (new)
(aga) to support the necessary energy transition in the Western Balkan countries, with regard to energy production from coal and lignite for domestic electricity and heat as well as for electricity imports to the EU, causing serious social and health consequences in our neighbourhood as well as in our Member States; recalling the international obligations of the Western Balkans states under the Energy Community Treaty in particular with regard to the full alignment and implementation of the Energy acquis of the Union;
2020/03/02
Committee: AFET
Amendment 71 #

2019/2209(INI)

Motion for a resolution
Recital E
E. whereas the independence, sovereignty and territorial integrity of the EU’s Eastern European Partners are still imperilled by unresolved regional conflicts, the Eastern Partnership pursues the common goals of good neighbourly relations and regional cooperation as well as peaceful resolution of all ongoing conflicts within existing agreed negotiating formats and principles based on the norms and principles of international law, the UN Charter and the Helsinki Final Act;
2020/03/25
Committee: AFET
Amendment 416 #

2019/2209(INI)

Motion for a resolution
Paragraph 1 – point v a (new)
(va) reaffirm support to the OSCE Minsk Group Co-Chairs’ efforts to solve the Nagorno-Karabakh conflict and to their 2009 Basic Principles which reflect a compromise based on the Helsinki Final Act principles of non-use of force, territorial integrity, and the equal rights and self-determination of peoples; call on Armenia and Azerbaijan to continue negotiations in good faith with a view to implementing these principles to solve the conflict, which cannot be solved using military force; call on the Governments of Armenia and Azerbaijan to continue high-level talks and commit to genuine confidence-building measures and dialogue between Armenian and Azerbaijani civil society;
2020/03/25
Committee: AFET
Amendment 1 #

2019/2190(INI)

Motion for a resolution
Citation 3 a (new)
- having regard to Regulation (EU) 2019/515 of the European Parliament and of the Council of 19 March 2019 on the mutual recognition of goods lawfully marketed in another Member State,
2020/05/20
Committee: IMCO
Amendment 12 #

2019/2190(INI)

Motion for a resolution
Recital A a (new)
Aa. whereas the General Product Safety Directive dates back from 2001 when e-commerce, business models and consumers’ purchase habits were very different;
2020/05/20
Committee: IMCO
Amendment 13 #

2019/2190(INI)

Motion for a resolution
Recital A b (new)
Ab. whereas a previous reform attempt of the General Product Safety Directive, presented by the European Commission in 2012 could not be successfully concluded so far;
2020/05/20
Committee: IMCO
Amendment 17 #

2019/2190(INI)

Motion for a resolution
Recital B a (new)
Ba. whereas the European market surveillance system is mostly focusing on economic actors present on the European market; whereas developments in ecommerce result in high numbers of direct imports by consumers from third- countries, however many of these products do not respect European Union safety standards and thereby risk harming the consumer, who is often unaware of these hazards;
2020/05/20
Committee: IMCO
Amendment 22 #

2019/2190(INI)

Motion for a resolution
Recital B a (new)
Ba. whereas product safety by design and by default is fundamental because safety in the design phase can hugely impact the safety of products on the market;
2020/05/20
Committee: IMCO
Amendment 23 #

2019/2190(INI)

Motion for a resolution
Recital B b (new)
Bb. whereas the number of dangerous products notified through the European Safety Gate remains too high as do the sales of dangerous and non-compliant products in brick-and-mortar shops and on online market places, according to the evidence obtained by consumer organizations, to keep consumers safe in the EU internal market;
2020/05/20
Committee: IMCO
Amendment 29 #

2019/2190(INI)

Motion for a resolution
Recital B c (new)
Bc. whereas in the EU a high number of counterfeit goods were reported as dangerous and posed a serious risk to consumers health and safety;
2020/05/20
Committee: IMCO
Amendment 32 #

2019/2190(INI)

Motion for a resolution
Recital B d (new)
Bd. whereas it is unacceptable that Union consumers are exposed to illegal and unsafe products, that go from containing dangerous chemicals to unsafe software and to other safety hazards;
2020/05/20
Committee: IMCO
Amendment 33 #

2019/2190(INI)

Motion for a resolution
Recital B e (new)
Be. whereas it is essential to ensure that consumers can really benefit from the internal market;
2020/05/20
Committee: IMCO
Amendment 34 #

2019/2190(INI)

Motion for a resolution
Recital B f (new)
Bf. whereas the precautionary principle, as laid down in Article 191(2) TFEU and outlined inter alia in the Commission Communication of 2 February 2000entitled "On the precautionary principle", is important for the safety of products and consumers and should be taken into due account when laying down the criteria for assessing the safety of a product;
2020/05/20
Committee: IMCO
Amendment 35 #

2019/2190(INI)

Motion for a resolution
Recital B g (new)
Bg. whereas applying the precautionary principle means that consumers will be given the benefit of the doubt and products, which might jeopardize their safety will be removed from the market faster;
2020/05/20
Committee: IMCO
Amendment 36 #

2019/2190(INI)

Motion for a resolution
Recital B h (new)
Bh. whereas it is practically impossible to adopt Union legislation for all consumer products that exist or may be developed, and therefore there is a need for a legislative framework of a horizontal nature to act as a safety net and ensure consumer protection not otherwise ensured, in particular with a view to achieving a high level of protection of health and safety of consumers, as required by Articles 114, 169 and 191 TFEU;
2020/05/20
Committee: IMCO
Amendment 42 #

2019/2190(INI)

Motion for a resolution
Paragraph 1 a (new)
1a. Stresses that the precautionary principle should be the cornerstone of the GPSD revision;
2020/05/20
Committee: IMCO
Amendment 50 #

2019/2190(INI)

Motion for a resolution
Paragraph 3
3. Points out the need to adapt product safety rules to the digital world; asks the Commission to address the challenges ofand potential threats to consumers and their rights, including possible threats to fundamental rights which may be particularly adversely affected by emerging technologies such as artificial intelligence (AI), the internet of things (IoT) and robotics 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;
2020/05/20
Committee: IMCO
Amendment 53 #

2019/2190(INI)

Motion for a resolution
Paragraph 3
3. Points out the need to adapt product safety rules to the digital world; asks the Commission to address the challenges of emerging technologies such as artificial intelligence (AI), the internet of things (IoT) and, robotics, and 3D printing, 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, the Radio Equipment Directive, while avoiding duplicating legislationand the Toy Directive, ensuring a consistent approach and a high level of consumer safety;
2020/05/20
Committee: IMCO
Amendment 63 #

2019/2190(INI)

Motion for a resolution
Paragraph 4
4. Calls on the Commission to redefine the term ‘product’ as part of the revision of the GPSD so that it reflects the complexity of emerging technologies, including AI, IoT and robotics embedded products, stand-alone software and software or updates which entail substantial modification to the product leading to a de facto new product;
2020/05/20
Committee: IMCO
Amendment 67 #

2019/2190(INI)

Motion for a resolution
Paragraph 5
5. Is convinced that AI embedded into products can modify the nature of products, and have an impact on their safety after they have been placed on the market, in particular as a result of software updates or in the case of self-learning technology ; urges the Commission to consider whether ‘placing on the market’ as the decisive moment for the economic operator to guarantee the safety of the product is an approach still fit for purpose; , outlines that continued conformity, also after the installation of software updates, could be more fit for purpose in the digital age;
2020/05/20
Committee: IMCO
Amendment 70 #

2019/2190(INI)

Motion for a resolution
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; to support the trustworthiness through standardised certificates, reflecting an external auditing process, informing consumers about the safety and security of AI and products where these are embedded; is convinced that an EU-wide approach to AI, including a common definition, is needed to avoid fragmentation of the internal market, which would undermine the trust of citizens and businesses, create legal uncertainty and weaken the EU’s economic competitiveness;
2020/05/20
Committee: IMCO
Amendment 77 #

2019/2190(INI)

Motion for a resolution
Paragraph 6 a (new)
6a. Considers that AI systems, whether stand alone or embedded in the product, should use high quality and unbiased data sets, as well as explainable, unbiased, transparent and auditable algorithms, in order to be trustworthy and promote consumer protection;
2020/05/20
Committee: IMCO
Amendment 81 #

2019/2190(INI)

Motion for a resolution
Paragraph 7
7. EStresses that an harmonised and commensurate risk-based assessment framework will not only be efficient from an administrative burdens point of view, but also in terms of enhancing consumer safety; encourages the Commission to develop measures, such as risk-based assessment schemes and conformity assessment mechanisms, where they do not yet exist, to ensure the safety and security by design or default of products with embedded emerging technologies,; and to provide support to SMEs to reduce the burdlso encourages the Commission to develop the risk-based assessment schemes in a way that ensures a consistent approach to the enforcement of product safety legislation; emphasizes that Member States must develop harmonised risk management such measures can createtrategies for AI in the context of their national market surveillance strategies;
2020/05/20
Committee: IMCO
Amendment 99 #

2019/2190(INI)

Motion for a resolution
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 of conformity assessment in order to reduce the administrative burden and facilitate product refurbishment;deleted
2020/05/20
Committee: IMCO
Amendment 102 #

2019/2190(INI)

Motion for a resolution
Paragraph 9
9. Asks the Commission and the Member States to take account of the autonomous self-learning behaviour of AI throughout a product’s lifetime; calls for human oversight and effective checks on high-risk AI products to ensure product safety; stresses that strong consumer rights, such as a right to transparency, support the development of safe and innovative AI products;
2020/05/20
Committee: IMCO
Amendment 103 #

2019/2190(INI)

Motion for a resolution
Paragraph 9
9. Asks the Commission and the Member States to take account of the autonomous self-learning behaviour of AI throughout a product’s lifetime; calls for human oversight and effectivefor the development of effective and periodic checks on high- risk AI products to ensure product safety, by independent third parties, to ensure product safety and continued conformity with the Union’s Law;
2020/05/20
Committee: IMCO
Amendment 110 #

2019/2190(INI)

Motion for a resolution
Paragraph 10
10. Encourages economic operators to integrate safety mechanisms in emerging technologies, including self-repair mechanisms, to prevent the upload of unsafe software,software that can potentially endanger the safety of consumers, to raise awareness of safety problems of their products, and to ensure safety throughout their lifecycle;
2020/05/20
Committee: IMCO
Amendment 116 #

2019/2190(INI)

Motion for a resolution
Paragraph 10 a (new)
10a. Asks the Commission that in its efforts to develop a framework that promotes the decrease of planned obsolescence, takes into account how it can affect the compliance with product safety rules;
2020/05/20
Committee: IMCO
Amendment 118 #

2019/2190(INI)

Motion for a resolution
Paragraph 11
11. Calls on the Commission and the Member States to enhancsure connectivity infrastructure, including 5G and/or IPV6, embeds security and privacy by design and by default, in order to improve the safety of connected products and consumers;
2020/05/20
Committee: IMCO
Amendment 126 #

2019/2190(INI)

Motion for a resolution
Paragraph 12
12. Is convinced that the low level cybersecurity of connected devices can compromise product safety, and that this needs to be addressed in the revision of the relevant rules; therefore calls on the European Commission to ensure, in particular, that the scope of the GPSD also takes into account cybersecurity challenges, namely by making firmware updates mandatory;
2020/05/20
Committee: IMCO
Amendment 137 #

2019/2190(INI)

Motion for a resolution
Paragraph 13
13. Calls on the Commission to speed up its efforts to develop a European cybersecurity certification scheme for AI, IoT and robotics productsproducts embedding emerging technologies, such as AI, IoT and robotics products, in accordance with the EU cybersecurity framework, and to create mandatory certification schemes for consumer products that can be quickly updated to adapt to current risks without hindering innovation; further calls on the Commission to propose legislation on mandatory cybersecurity requirements and proper market surveillance mechanisms;
2020/05/20
Committee: IMCO
Amendment 140 #

2019/2190(INI)

Motion for a resolution
Paragraph 13 a (new)
13a. Asks the Commission to include in the review of the GPSD the clarification on how it is decided whether a consumer product which, although not foodstuff, resembles foodstuff and is likely to be confused with it, especially by young children, is safe or presents a risk; urges the Commission, by appropriately reviewing the GPSD, to repeal Council Directive 87/357/EEC, of 25 June 1987, on the approximation of the laws of the Member States concerning products which, appearing to be other than they are, endanger the health or safety of consumers;
2020/05/20
Committee: IMCO
Amendment 145 #

2019/2190(INI)

Motion for a resolution
Paragraph 13 b (new)
13b. Asks the Commission to consider “child-appealing products", whose design, packaging and characteristics in any way resemble a toy or an object appealing to or intended for use by children, in order to assess their levels of risk and determine appropriate action to mitigate risk, in the context of the revision of the GPSD;
2020/05/20
Committee: IMCO
Amendment 149 #

2019/2190(INI)

Motion for a resolution
Paragraph 14
14. Encourages Member States to increase the resources and expertise of their market surveillance authorities, to enhance cooperation among them, including at cross-border level, to improve the efficiency and effectiveness of checks, and to properly staff custom and market surveillance authorities so as to be able to identify unsafe products, in particular from third countries, and prevent their circulation in the internal market; encourages the use, on an initial phase, of the already existing “EU Customs Single Window: Certificates exchange (CERTEX)" project, that later can be enhanced through the future EU Single Window environment for customs project;
2020/05/20
Committee: IMCO
Amendment 160 #

2019/2190(INI)

Motion for a resolution
Paragraph 14 a (new)
14a. Encourages the enhancement of the cooperation among national authorities with powers related to product safety such as consumer protection authorities, data protection authorities, cybersecurity authorities, telecoms, market surveillance, and customs authorities to ensure proper enforcement of all consumer relevant aspects related to product safety and consumer rights;
2020/05/20
Committee: IMCO
Amendment 163 #

2019/2190(INI)

Motion for a resolution
Paragraph 14 b (new)
14b. Encourages the use of new technologies such as blockchain in the field of market surveillance for a better traceability of products; namely by identifying counterfeit products, further encourages the use of AI tools by market surveillance authorities, so that data analytics can be used to mitigate risk and improve surveillance whilst smoothing data cooperation;
2020/05/20
Committee: IMCO
Amendment 168 #

2019/2190(INI)

Motion for a resolution
Paragraph 15
15. Urges Member States to set minimum sampling rates; and asks market surveillance authorities to carry out sector- specific mystery shopping on a regular basis at least once a year, in particular for the product categories most notified on the Safety Gate (Rapex)or sweeping days like the ones carried out by the Consumer Protection Cooperation network (CPC), in particular for the product categories most notified on the Safety Gate (Rapex); recommends that these measures are soundly grounded on data analytics tools to optimise performance;
2020/05/20
Committee: IMCO
Amendment 175 #

2019/2190(INI)

Motion for a resolution
Paragraph 17
17. Stresses that products directly purchased by consumers from non-EU economic operators must be subject to effective controls; calls on customs and market surveillance authorities to undertake adequate checks on these products; calls for an obligation for non- EU economic operators to establish an authorised representative in the EU internal market for all consumer products to facilitate accountability and enhance product safety and consumer protection; furthermore calls for online marketplaces to complementarily check whether their traders from outside the EU, which target European consumers, either have appointed an authorised representative or set up a branch in the EU; urges the Commission to consider online marketplaces liable for damages and guarantees, without prejudice to seek redress to the trader a posteriori, if it’s proven they failed to verify that obligation;
2020/05/20
Committee: IMCO
Amendment 183 #

2019/2190(INI)

Motion for a resolution
Paragraph 17 a (new)
17a. Remarks that no comprehensive and reliable data is available on the safety of direct imports from third countries, therefore calls on the European Commission together with Market surveillance authorities to conduct a research into the safety of products directly available to consumers on online platforms or online marketplaces from sellers in third countries;
2020/05/20
Committee: IMCO
Amendment 187 #

2019/2190(INI)

Motion for a resolution
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 provisions on market surveillance in all bilateraland enforcement in all EU trade agreements;
2020/05/20
Committee: IMCO
Amendment 191 #

2019/2190(INI)

Motion for a resolution
Paragraph 19
19. Urges the Commission to improve, at European and international level, cooperation between consumer protection, data protection, cybersecurity, telecoms, market surveillance and customs authorities so as to enable the swift transfer of information on unsafe products; urges the Commission, within the framework provided by Regulation 2019/1020, to enable the use of the Information and Communication System on Market Surveillance (ICSMS), which should run in parallel with the Common Risk Management System (CRMS) system, in order to increase the level of cooperation and exchange of information between Member States and the Commission;
2020/05/20
Committee: IMCO
Amendment 210 #

2019/2190(INI)

Motion for a resolution
Paragraph 20 a (new)
20a. Asks for the Commission to apply to online marketplaces rules that cover all entities that offer products to consumers in the Union, including if they are established outside the Union in order to better tackle the sale of unsafe products;
2020/05/20
Committee: IMCO
Amendment 213 #

2019/2190(INI)

Motion for a resolution
Paragraph 21
21. WelcomesTakes note of the Product Safety Pledge7 for online marketplaces, but highlights its voluntary character, limited scope and the lack of more detailed key performance indicators (KPIs) to ensure a meaningful assessment of the signatories’ efforts and results; calls on the Commission to evaluate the role marketplaces could play in improving the detection of unsafe products, and to propose mandatory rules on their responsibility, taking into account the special role of SMEsobligations and liability as part of the Digital Services Act, the revision of GPSD and any other relevant legislation; __________________ 7Product Safety Pledge is a voluntary commitment made by online marketplaces with respect to the safety of non-food consumer products sold online by third party sellers from June 2018.
2020/05/20
Committee: IMCO
Amendment 214 #

2019/2190(INI)

Motion for a resolution
Paragraph 21
21. Welcomes the Product Safety 7 7 Pledge for online marketplaces, buthowever highlights its voluntary character; calls on the Commission to evaluate the role marketplaces could play in improving the detection of unsafe products, and to propose mandatory rules on their responsibility, taking into account the special role of SMEs and the missing participation of online marketplaces which results in a lack of representation of the sector; calls on the Commission to evaluate the role that production and supply chain, including marketplaces and fulfilment service providers could play in improving the detection of unsafe products, and to propose mandatory rules on their responsibility and on ensuring clear and standardised information to consumers on online marketplaces, regarding the location of the product, the retailer and their consumer rights, as part of the Digital Services Act, the revision of GPSD and any other relevant legislation; __________________ 7Product Safety Pledge is a voluntary commitment made by online marketplaces with respect to the safety of non-food consumer products sold online by third party sellers from June 2018.
2020/05/20
Committee: IMCO
Amendment 222 #

2019/2190(INI)

Motion for a resolution
Paragraph 22
22. EncouragesCalls on online marketplaces to react as quickly as possible to notifications from Rapex, as well as to alerts from consumers and consumers' organisations, and to cooperate effectively and proactively with the Member States’ competent authorities by immediately withdrawing unsafe products, sharing relevant information about them 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;
2020/05/20
Committee: IMCO
Amendment 225 #

2019/2190(INI)

Motion for a resolution
Paragraph 23
23. Asks the Commission to ensure that online marketplaces to enhance their cooperation between themselves and competent authorities, consult Rapex before placing products on their websites, remove products identified as unsafe by Rapex swiftly, exchange information on sellers that break the rules, take effective and dissuasive measures against them and their supply chain, andput in place a robust business user authentication in line with the “know your business customer” principle and product verification processes, and also develop an easily accessible tool for consumers to report unsafe products;
2020/05/20
Committee: IMCO
Amendment 236 #

2019/2190(INI)

Motion for a resolution
Paragraph 25
25. Asks the Commission to evaluate the necessity of requiringe online platforms and online marketplaces to put in place effective and appropriate safeguards to tackle the appearance of advertisements for unsafe products;
2020/05/20
Committee: IMCO
Amendment 243 #

2019/2190(INI)

Motion for a resolution
Paragraph 25
25. Asks the Commission to evaluate the necessity of requiringe online platforms to put in place effective and appropriate safeguards to tackle the appearance ofand promotion of unsafe products, including via advertisements for unsafe productmisleading guarantees and statements made by the suppliers or by customers;
2020/05/20
Committee: IMCO
Amendment 251 #

2019/2190(INI)

Motion for a resolution
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 definerequest standards allowing the deployment ofto ensure the safe use of new and interoperable digital technologies to provide for safe EU-wide emerging technologon a uniform basis throughout the EU; calls on the Commission to request harmonised standards for those associated with legislation such as the Machinery Directive, the Radio Equipment Directive, the Toy Directive, when they are updated; also calls on the Commission and Member States to support the systematic participation of consumer associations in standardisation bodies;
2020/05/20
Committee: IMCO
Amendment 269 #

2019/2190(INI)

Motion for a resolution
Paragraph 29
29. Asks the Commission to evaluate how distributed ledger technology and blockchain could enhance the safety of products by improving product traceability throughout the supply chain, including through their standardisation or using the webcrawler tool;
2020/05/20
Committee: IMCO
Amendment 273 #

2019/2190(INI)

Motion for a resolution
Paragraph 29 a (new)
29a. Encourages the Commission to further develop the established infrastructure consisting of metrology, standardisation, accreditation, conformity assessment and market surveillance, in consultation with all partners involved, to meet the new challenges associated with emerging technologies;
2020/05/20
Committee: IMCO
Amendment 274 #

2019/2190(INI)

Motion for a resolution
Paragraph 30
30. Notes that consumers respond 30. poorly to recalls, and that unsafe products continue to be used even though they have been recalled; asks the Commission to publish guidelines in plain language on recall procedures, including a check list with concrete requirements, in order to increase the number of consumers reached, while taking into account that recalls can create considerable challenges for SMEsand providing clear information about the benchmarks used by the market surveillance authorities, in order to increase the number of consumers reached;
2020/05/20
Committee: IMCO
Amendment 279 #

2019/2190(INI)

Motion for a resolution
Paragraph 31
31. Asks retailers, and 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 consumersthat products are withdrawn swiftly from online listings and from the shelve and oblige retailers and online marketplaces to inform consumers of any safety issues and of any action required to ensure that recalls are carried out effectively; also asks the Commission and Member States to require online marketplaces to verify the identity of their users, buyers and sellers, individuals and businesses, in order to be able to reach then, when recalls are necessary, as quickly as possible;
2020/05/20
Committee: IMCO
Amendment 285 #

2019/2190(INI)

Motion for a resolution
Paragraph 32
32. Urges the Commission and the Member States to enhance cross-border exchange of best practices on recalls, to increase product registration rates so that consumers affected can be more easily identified, even for cross-border purchases, and to enable economic operators to use data - such as loyalty schemes - to reach consumers without infringing GDPR rules; calls on consumer associations to strengthen their cooperation with market surveillance authorities on recall procedures by showing the products identified as unsafe in Rapex on their websites;
2020/05/20
Committee: IMCO
Amendment 287 #

2019/2190(INI)

Motion for a resolution
Paragraph 33
33. Calls on the Commission and the Member States to foresee a non-burdensomesimple and harmonised feedback report on recalls by economic operators to be submitted to the market surveillance authorities in order to assess the effectiveness of the recall;
2020/05/20
Committee: IMCO
Amendment 3 #

2019/2176(INI)

Motion for a resolution
Citation 1
- having regard to its previous resolutions on Turkey, in particular those of 13 March 2019 on the 2018 Commission Report on Turkey1 , of 19 September 2019 on the situation in Turkey, notably the removal of elected mayors2 , of 24 October 2019 on the Turkish military operation in northeast Syria and its consequences3 , and of 17 September 2020 on the preparation of the special European Council summit focusing on the dangerous escalation and the role of Turkey in the Eastern Mediterranean4 and of 26 November 2020 on escalating tensions in Varosha following the illegal actions by Turkey and the urgent need for the resumption of talks 4a, _________________ 1 Texts adopted, P8_TA(2019)0200. 2 Texts adopted, P9_TA(2019)0017. 3 Texts adopted, P9_TA(2019)0049. 4 Texts adopted, P9_TA(2020)0230. 4a Texts adopted, P9_TA(2020)0332.
2020/12/15
Committee: AFET
Amendment 5 #

2019/2176(INI)

Motion for a resolution
Citation 1 a (new)
- having regard to its resolution of 15 April 2015 on the centenary of the Armenian genocide 1a, _________________ 1a Texts adopted, P8_TA(2015)0094.
2020/12/15
Committee: AFET
Amendment 16 #

2019/2176(INI)

Motion for a resolution
Citation 5 b (new)
- having regard to the Council Conclusions of 26 June 2018 and 18 June 2019 to the effect that the accession negotiations effectively come to a standstill and no further chapters can be considered for opening or closing and no further work towards the modernisation of the EU-Turkey Customs Union is foreseen,
2020/12/15
Committee: AFET
Amendment 22 #

2019/2176(INI)

Motion for a resolution
Citation 6
- having regard to the Council conclusions of 15 July and 14 October 2019 on Turkey’s illegal drilling activities in the Eastern Mediterranean, to the European Council conclusions of 1 October 2020 and 16 October 2020, to the statements of the EU Foreign Ministers of 15 May 2020 and 14 August 2020 on the situation in the Eastern Mediterranean, to the outcome of the informal meeting of EU Foreign Ministers (Gymnich) of 28 August 2020, and to all previous relevant Council and European Council conclusions,
2020/12/15
Committee: AFET
Amendment 23 #

2019/2176(INI)

Motion for a resolution
Citation 7 a (new)
- having regard to the restrictive measures framework established by the EU on 11 November 2019, as a response to Turkey’s illegal drilling activities in the eastern Mediterranean, which was renewed on6 November 2020,
2020/12/15
Committee: AFET
Amendment 30 #

2019/2176(INI)

Motion for a resolution
Citation 9 a (new)
- having regard to Article 46 of the European Convention on Human Rights (ECHR), which states that the contracting parties undertake to abide by the final judgments of the European Court of Human Rights (ECtHR) in any case to which they are parties, and, therefore, to the obligation of Turkey to implement all judgements of the European Courts, including the ECtHR,
2020/12/15
Committee: AFET
Amendment 77 #

2019/2176(INI)

Motion for a resolution
Recital D
D. whereas, in spite of this principled stance by Parliament and all of the current circumstances, the European Council, in its conclusions of 1 October 2020, offered Turkey a renewed and broad positive agenda, provided that constructive efforts to stop illegal activities vis-à-vis Greece and Cyprus are sustained, in a further attempt to restore our relations;
2020/12/15
Committee: AFET
Amendment 142 #

2019/2176(INI)

Motion for a resolution
Paragraph 4
4. Acknowledges the persistent strategy of openness and good will adopted by the EU and lately materialized in the renewed positive agenda offered by the European Council in October 2020; Stresses that no incentive that the EU could offer can ever replace the much- needed political will to build a mature democracy and, in turn, become a reliable ally and ultimately a member of the EU; Notes that ever since the last European Council conclusions, no efforts were attempted by Turkish authorities to advance towards benchmarks laid down in this broad agenda and that Turkey's confrontational attitude and rhetoric has even deteriorated;
2020/12/15
Committee: AFET
Amendment 253 #

2019/2176(INI)

Motion for a resolution
Paragraph 12
12. Regrets that the current overly broad anti-terrorism provisions and the abuse of the anti-terror measures have become the backbone of this state policy; reiterates its firm condemnation of the violence by the Kurdistan Workers’ Party (PKK), which has been on the EU list of terrorist organisations since 2002;notes with great concern the continued mass incarceration of people convicted or held in pre-trial detention on terrorism- related charges based on scant evidence; reiterates its firm condemnation of any violence against civilians from all state and non-state actors.
2020/12/15
Committee: AFET
Amendment 257 #

2019/2176(INI)

Motion for a resolution
Paragraph 12 a (new)
12a. Deeply regrets the discriminatory Covid-19 early release law which disregarded the right to life of those imprisoned on political grounds and failed to address the situation of those held in pre-trial detention; expresses concern about the unsanitary and overcrowded prison facilities.
2020/12/15
Committee: AFET
Amendment 263 #

2019/2176(INI)

Motion for a resolution
Paragraph 13
13. Considers that the erosion of the rule of law and the systemic lack of independence of the judiciary continues to be one of the most pressing and worrying issues; condemns the increased surveillance by the executive and the political pressure affecting the work of judges, prosecutors, lawyers and bar associations; is appalled by the mass arrest and prosecution of lawyers for representing their clients; is concerned about the legislative amendment allowing for the division of bar associations along political lines in a way to diminish their role as human rights watchdogs.
2020/12/15
Committee: AFET
Amendment 290 #

2019/2176(INI)

Motion for a resolution
Paragraph 15
15. Expresses serious concern about the disproportionate and arbitrary measures curtailing freedom of expression, media freedom and access to information; condemns the imprisonment of journalists, media employees as well as social media users; notes with deep concern the increasing restrictions and censorship imposed on social media platforms; urges Turkey to guarantee media freedom as a matter of priority;
2020/12/15
Committee: AFET
Amendment 315 #

2019/2176(INI)

Motion for a resolution
Paragraph 17
17. Notes with great concern the way that the People’s Democratic Party (HDP) has been specifically and continuously targeted by the Turkish authorities; strongly condemns the continued detention of former HDP co-chairs Selahattin Demirtaş; and Figen Yüksekdağ, members of parliament, elected mayors, administrators and members.
2020/12/15
Committee: AFET
Amendment 326 #

2019/2176(INI)

Motion for a resolution
Paragraph 18
18. Calls on Turkey to release all imprisoned human rights defenders, journalists, lawyers, academics and others who have been detained on unsubstantiated charges and to enable them to carry out their work without threat or impediment in all circumstances; strongly condemns the re-arrest and continued detention of Osman Kavala, a prominent civil society figure; and other prominent Journalists like Ahmet Altan and Hanim Büsra Erdal.
2020/12/15
Committee: AFET
Amendment 366 #

2019/2176(INI)

Motion for a resolution
Paragraph 20
20. Remains deeply concerned by the situation in the south-east ofKurdish issue in Turkey with regard to the protection of human rights, freedom of expression and political participation;
2020/12/15
Committee: AFET
Amendment 372 #

2019/2176(INI)

Motion for a resolution
Paragraph 20 a (new)
20a. Calls on Turkey to cooperate with relevant international organizations, especially the Council of Europe, in preventing and combatting illicit trafficking and the deliberate destruction of cultural heritage within Turkey and the occupied part of Cyprus;
2020/12/15
Committee: AFET
Amendment 374 #

2019/2176(INI)

Motion for a resolution
Paragraph 21
21. Urges Turkey to protect the rights of minorities and vulnerable groups, including women, LGBTI people and ethnic and religious minorities; condemns the pervasive hate-speech against LGBTI people, especially when done by high-level political and religious figures; condemns the lack of proper investigation, prosecution and sanction of hate speech, both online and offline, and of hate crime; calls on authorities and officials to firmly condemn all acts of violence and hate speech against minorities and vulnerable groups and to investigate and prosecute them effectively;
2020/12/15
Committee: AFET
Amendment 382 #

2019/2176(INI)

Motion for a resolution
Paragraph 21
21. Urges Turkey to protect the rights of minorities and vulnerable groups, including women, refugees, LGBTI people and ethnic and religious minorities; is appalled by the rise in hate crimes.
2020/12/15
Committee: AFET
Amendment 390 #

2019/2176(INI)

Motion for a resolution
Paragraph 21 a (new)
21a. Urges the Turkish authorities to end the protracted bans on Pride marches in several cities; calls on the Turkish authorities to ensure that the right to freedom of assembly and association, as enshrined in Article 11 of the European Convention on Human Rights, can be effectively enjoyed, without discrimination on grounds of sexual orientation or gender identity, in respect of the recommendation of the Committee of Ministers of the Council of Europe;1a _________________ 1a https://search.coe.int/cm/Pages/result_det ails.aspx?ObjectID=09000016805cf40a
2020/12/15
Committee: AFET
Amendment 392 #

2019/2176(INI)

Motion for a resolution
Paragraph 21 a (new)
21a. Reiterate its call on the Council to establish a comprehensive and effective EU-wide human rights sanction regime, which would allow for targeting any individual, state- and non-state actor, responsible for or involved in human rights violations, breaches of fundamental freedoms and the rule of law in Turkey;
2020/12/15
Committee: AFET
Amendment 401 #

2019/2176(INI)

Motion for a resolution
Paragraph 21 a (new)
21a. Expresses concern about the reported deportation of Uighurs by way of third countries to China, where they are likely to face grave persecution.
2020/12/15
Committee: AFET
Amendment 474 #

2019/2176(INI)

Motion for a resolution
Paragraph 25
25. Recalls the laudable role played by Turkey in responding to the migration crisis resultinghosting refugees from the war in Syria; takes the view that the EU should continue to give the necessary support to Syrian refugees and host communities in Turkey; supports an objective assessment of the EU-Turkey Statement and underlines the importance of both parties’ compliance with their respective commitments; however at the same time criticises the resettlement of Syrian refugees to Turkish-occupied regions in the North of Syria, from which the local Syrian population was previously displaced and is now prevented from returning; refugees must not be brought back to Syria against their will, nor must they be used to carry out demographic engineering against the Kurdish and Christian population in the North of Syria.
2020/12/15
Committee: AFET
Amendment 520 #

2019/2176(INI)

Motion for a resolution
Paragraph 26
26. Stresses that a modernisation of the Customs Union could be beneficial for both parties and would keep Turkey economically and normatively anchored to the EU; reiterates that this would need to be based on strong conditionality related to human rights and fundamental freedoms; highlights that it seems unrealistic to envisagestresses that given the current circumstances, any modernisation of the Customs Union given the current circumstancescan't be envisaged; recalls that the current Customs Union will not achieve its full potential until Turkey fully implements the Additional Protocol in relation to all Member States;
2020/12/15
Committee: AFET
Amendment 526 #

2019/2176(INI)

Motion for a resolution
Paragraph 26 b (new)
26b. Deplores Turkey’s continuing refusal to respect the aviation law and establish a channel of communication between air traffic control centres in Turkey and the Republic of Cyprus which entails real safety risks and dangers for the European passengers as identified by the European Aviation Safety Agency (EASA) and International Federation of Air Line Pilots’ Associations and call on Turkey to collaborate by respecting the EU aviation law;
2020/12/15
Committee: AFET
Amendment 528 #

2019/2176(INI)

Motion for a resolution
Paragraph 26 c (new)
26c. Urges Turkey to act in a spirit of solidarity without discrimination during the pandemic and regrets that Turkish authorities have denied entry into its airspace of a Cyprus-bound flight with medical equipment;
2020/12/15
Committee: AFET
Amendment 533 #

2019/2176(INI)

Motion for a resolution
Paragraph 27
27. Is deeply concerned by the ongoing disputeTurkey’s illegal activities in the Eastern Mediterranean and the related risk of a military escalation; strongly condemns the threats of military action against EU Member States by Turkey in the Eastern Mediterranean; strongly condemns Turkey’s illegal activities in Greek and Cypriot watermaritime zones, which violate both the sovereign rights of EU Member States and international law; expresses its full solidarity with Greece and the Republic of Cyprus; urges Turkey to engage in the peaceful settlement of disputes and to refrain from any unilateral and illegal action or threat; calls on Turkey to sign and ratify the United Nations Convention on the Law of the Sea (UNCLOS), which is part of the EU acquis, without further delay; reiterates its call on Turkey to respect the sovereignty and sovereign rights of Member States over their territorial sea and airspace and their lawful right to enter into bilateral agreements and to explore and exploit natural resources in accordance with the EU acquis and international law, including the UN Convention on the Law of the Sea; urges Turkey to engage in the peaceful settlement of disputes and to refrain from any unilateral and illegal action or threat; in this respect, welcomes the invitation by the Government of Cyprus to Turkey to negotiate in good faith the maritime delimitation between their relevant coasts, including by having recourse, to the International Court of Justice and calls on Turkey to accept Cyprus’ invitation;
2020/12/15
Committee: AFET
Amendment 558 #

2019/2176(INI)

Motion for a resolution
Paragraph 28
28. Condemns the partial illegal reopening of Varosha beach, which undermines mutual trust and therefore the prospect of the resumption of direct talks on the comprehensive resolution of the Cyprus issue; calls on Turkey to reverse this action; reiterates its support for a fair, comprehensive and viable settlement on the basis of a bi-communal, bi-zonal federation with political equalitycalls on Turkey to withdraw its troops from Cyprus, to transfer the Varosha area to its lawful inhabitants under the temporary administration of the UN in accordance with UNSC Resolution 550 (1984), and to refrain from any actions altering the demographic balance on the island through a policy of illegal settlements; reiterates its call on Turkey, to commit and contribute to a comprehensive settlement in line with United Nations Security Council relevant resolutions; reiterates its support for a fair, comprehensive and viable settlement of the Cyprus problem within the UN framework and in accordance with the relevant UNSC resolutions, international law and in line with the EU acquis and the principles on which the EU is founded;
2020/12/15
Committee: AFET
Amendment 568 #

2019/2176(INI)

Motion for a resolution
Paragraph 28
28. Condemns the partial reopening of Varosha beach, which undermines mutual trust and therefore the prospect of the resumption of direct talks on the comprehensive resolution of the Cyprus issue; calls on Turkey to reverse this action and to refrain from provoking nationalist sentiments; reiterates its support for a fair, comprehensive and viable settlement on the basis of a bi-communal, bi-zonal federation with political equality;
2020/12/15
Committee: AFET
Amendment 573 #

2019/2176(INI)

28a. Stresses that, in spite of reiterated calls for de-escalations and peaceful conflict resolution through dialogue, Turkey did not refrained itself from further violating international law and the sovereignty and territorial integrity of EU Member States through unilateral and illegal actions; Calls therefore on the Council to impose restrictive sectoral and targeted measures against Turkey, which should have no adverse impact on the Turkish society;
2020/12/15
Committee: AFET
Amendment 576 #

2019/2176(INI)

Motion for a resolution
Paragraph 28 a (new)
28a. Praises the important work of the Committee on Missing Persons (CMP) and calls on Turkey to allow unconditional and full access to military zones and all relevant sites and to provide proprio motu with all relevant information from its military and other archives without delay, thus maximising the effectiveness of the excavations conducted by the CMP;
2020/12/15
Committee: AFET
Amendment 592 #

2019/2176(INI)

Motion for a resolution
Paragraph 29
29. Strongly condemns the Turkish military interventions in Syria, especially in the northeast and Idlib, which constitute grave violations of international law and calls on the Turkish government to end its illegal occupation of northern Syria and Afrin and withdraw its military and paramilitary proxy forces;
2020/12/15
Committee: AFET
Amendment 595 #

2019/2176(INI)

Motion for a resolution
Paragraph 29
29. Strongly condemns the Turkish military interventions in Syria, especially in the northeast and Idlib, Afrin, Ras al- Ayn/Sere Kaniye and Tal Abyad which constitute grave violations of international law;
2020/12/15
Committee: AFET
Amendment 599 #

2019/2176(INI)

Motion for a resolution
Paragraph 29 a (new)
29a. calls on the Turkish government to end its illegal occupation of northern Syria and withdraw its military and paramilitary proxy forces.
2020/12/15
Committee: AFET
Amendment 631 #

2019/2176(INI)

Motion for a resolution
Paragraph 31
31. Regrets that, rather than calling for an end to the violence and for a resumption of peaceful negotiations supporting the efforts of the Organization for Security and Co-operation in Europe (OSCE) Minsk Group, Turkey instead decided to unconditionally sustain the military actions of oAzerbaïdjani forces and to directly and militarily intervene ofn their sides in the recent conflict in Nagorno-Karabakh;
2020/12/15
Committee: AFET
Amendment 641 #

2019/2176(INI)

Motion for a resolution
Paragraph 31 a (new)
31a. Stresses that Turkey’s direct engagement in support of Azerbaijan, in the context of the Nagorno-Karabakh conflict, goes beyond its geo-economic interests and reflects a more ambitious geopolitical agenda, as is the case with Turkey’s actions in Libya and Syria, and notes with concern that Turkey’s continuous and growing distancing from European values and standards has brought EU-Turkey relations to a historic low point;
2020/12/15
Committee: AFET
Amendment 654 #

2019/2176(INI)

Motion for a resolution
Paragraph 32
32. Believes that it is high time to review the EU’s relations with Turkey and to define a comprehensive, unified and coherent strategy for the medium to long term, among all EU institutions and Member States; However the strong relapse in the area of fundamental rights, the deteriorating human rights situation, the lack of freedom of the press and expression, the arbitrary detention of opposition politicians and journalists and the non-recognition of democratic elections show that Turkey's future cannot lie within the EU. The accession negotiations with Turkey must therefore be dissolved.
2020/12/15
Committee: AFET
Amendment 657 #

2019/2176(INI)

Motion for a resolution
Paragraph 32
32. Regrets that Turkey has become from a partner to an instability factor in the EU Neighbourhood; Believes that it is high time to review the EU’s relations with Turkey and to define a comprehensive, unified and coherent strategy for the medium to long term, among all EU institutions and Member States;
2020/12/15
Committee: AFET
Amendment 667 #

2019/2176(INI)

Motion for a resolution
Paragraph 32 – subparagraph 1 (new)
Reiterates its calls on the VP / HR, for as long as Turkey continues with its current illegal, unilateral actions and aggressive and expansionist foreign policy, including in the Eastern Mediterranean that run counter to the sovereignty of any EU Member State (notably Greece and Cyprus) and international law, and does not engage in dialogue based on international law, to introduce an initiative in the Council for all EU Member States to halt arms export for all types of military equipment, including weapons, weapons for dual-use goods and know-how, to Turkey in accordance with the Common Position; recalls that Member States committed to strong national positions regarding their arms export policy to Turkey on the basis oft he provisions of Common Position 2008/944/CFSP, including the strict application of criterion 4 on regional stability;
2020/12/15
Committee: AFET
Amendment 669 #

2019/2176(INI)

Motion for a resolution
Paragraph 32 a (new)
32a. calls on Turkey to stop the attempts to influence European policy through a targeted diaspora policy and to mobilise Turkish- and Islamic communities against the secular understanding of freedom of religion and expression;
2020/12/15
Committee: AFET
Amendment 671 #

2019/2176(INI)

Motion for a resolution
Paragraph 32 b (new)
32b. Recalls that Turkey has to stop in particular the attempt of the Turkish government to spy and put pressure on opposition members and politicians of Turkish origin in Europe and condemns in the strongest possible terms all attempts to use violence and intimidation against intellectuals, activists or politicians in Europe.
2020/12/15
Committee: AFET
Amendment 51 #

2019/2175(INI)

Motion for a resolution
Paragraph 1
1. Welcomes the fact that EU membership continues to be Serbia’s strategic goal and that it is among the priorities of the newly electformed government;
2020/12/15
Committee: AFET
Amendment 60 #

2019/2175(INI)

Motion for a resolution
Paragraph 2
2. Underlines that the momentum created by the new mandate following the 21 June 2020 elections in Serbia is an opportunity to make important progress towards Serbia’s European perspective; advocates for the opening of additional negotiating chapters asthat no further negotiating chapters should be opened until Serbia makes the necessary commitments to reform; notes that the opening of chapters is a tool for achieving sustainable pro- European change in Serbia;
2020/12/15
Committee: AFET
Amendment 70 #

2019/2175(INI)

Motion for a resolution
Paragraph 2 a (new)
2a. Calls on Serbian Government to officially adopt the new enlargement methodology of the European Commission; calls on the institutions of Serbia to do their utmost to make the European integration process as inclusive and open as possible;
2020/12/15
Committee: AFET
Amendment 80 #

2019/2175(INI)

Motion for a resolution
Paragraph 3
3. Notes that Serbia has continued aligning its legislation with the acquis; regrets, however, that the pace of the alignment has been significantly slower than what the government originally set out, including for the period before the COVID-19 pandemic; underlines that progress on the rule of law and fundamental rights chapters, as well as on the normalisation of relations with Kosovo, continues to be essential and will determine the pace of accession negotiations;
2020/12/15
Committee: AFET
Amendment 84 #

2019/2175(INI)

Motion for a resolution
Paragraph 3 b (new)
3b. Expresses concern that the position of the Head of the Negotiating Team for the Accession of the Republic of Serbia to the European Union has been vacant since September 2019;underlines that a professional and fully staffed Negotiating Team is crucial for a successful accession process of Serbia; calls on Serbia also to raise the administrative capacities of the Ministry of European Integration, in order to better conduct membership negotiations;
2020/12/15
Committee: AFET
Amendment 88 #

2019/2175(INI)

Motion for a resolution
Paragraph 4
4. Stresses the importance of strategic communication on EU accession by Serbian stakeholders; underlines that public discussion about EU accession must be based on facts; encouragescalls on the Serbian authorities to communicate more actively their commitment to European values in public debate; notes that the pro- government newspapers and television channels, often quoting government officials, remain a significant disseminator of the anti-EU rhetoric in Serbia;
2020/12/15
Committee: AFET
Amendment 96 #

2019/2175(INI)

Motion for a resolution
Paragraph 5
5. Notes with concern that the latest survey shows that less than 50 % of the citizens are in favour of the EU accession of the country; Calls on Serbia and the EU Member States to pursue a more active and effective communication policy on the European perspective, aimed at both Serbian and EU citizens;
2020/12/15
Committee: AFET
Amendment 106 #

2019/2175(INI)

Motion for a resolution
Paragraph 6
6. Believes that the Conference on the Future of Europe should seek ways of involving Serbian representatives, both on the level of government and on the level of the civil society;
2020/12/15
Committee: AFET
Amendment 111 #

2019/2175(INI)

Motion for a resolution
Paragraph 7
7. Takes note of the conclusions of the final report of the OSCE/ODIHR special election assessment mission that the 21 June 2020 parliamentary elections were administered efficiently but that the dominance of the ruling party, including in the media, was of concern; calls on the authorities to address fullytakes note that the long-term trends of pressures on voters, media bias and blurring of the lines between the activities of the state officials and partisan campaigning, including in the case of the President of the Republic, continued during this election cycle; expresses concern about allegations of irregular registration for the June 2020 elections and calls on the authorities to investigate this matter; calls on the authorities to fully and promptly address all ODIHR recommendations well ahead of the next elections; stresses that the domestic civil society organisations with an expertise in electoral conditions should remain involved in the process of addressing the ODIHR recommendations;
2020/12/15
Committee: AFET
Amendment 127 #

2019/2175(INI)

Motion for a resolution
Paragraph 9
9. Welcomes the establishment of the Inter-Party Dialogue (IPD) facilitated by the European Parliament and the initial measures taken by the Serbian authorities and the parliamentary majority to improve electoral conditions; calls for further implementation of all commitments undertaken in the framework of the IPD; notes with concern that, in the months leading up to the elections, the ruling party changed elements of electoral system, notably the electoral threshold, in a process that lacked public discussion, transparency, inclusiveness and which was not part of the IPD framework;
2020/12/15
Committee: AFET
Amendment 146 #

2019/2175(INI)

Motion for a resolution
Paragraph 11 c (new)
11c. Welcomes the cooperation between Government of Serbia and National Assembly with National Convention on the European Union (NCEU);
2020/12/15
Committee: AFET
Amendment 148 #

2019/2175(INI)

Motion for a resolution
Paragraph 12
12. Urges Serbia to deliver convincing results, including a sustainable track record with effective investigations in areas of concern such as the judiciary, freedom of expression and the fight against corruption and organised crime, especially in cases with the high level of public interest, including the cases of Krušik, Jovanjica and Telekom Srbija; reiterates its call for justice from 2018 with regard to the unlawful demolition of private property in Belgrade neighbourhood Savamala;
2020/12/15
Committee: AFET
Amendment 155 #

2019/2175(INI)

Motion for a resolution
Paragraph 12 a (new)
12a. Notes with concern the lack of progress in dealing with organised crime and in particular with the issue of assassinations on the streets; calls on the authorities to ensure that cases discovered by investigative journalists or whistle- blowers are duly investigated and that any public officials involved are held responsible;
2020/12/15
Committee: AFET
Amendment 160 #

2019/2175(INI)

Motion for a resolution
Paragraph 13
13. Urges theRegrets that the previous Serbian parliament failed to adopt constitutional reforms aimed at strengthening the independence of the judiciary; recommends to adopt the constitutional reforms in the next parliamentary term due to the lack of representativeness of the current parliament;
2020/12/15
Committee: AFET
Amendment 169 #

2019/2175(INI)

Motion for a resolution
Paragraph 14
14. Welcomes improvements to the practices and procedures of the national assembly; changes made in the functioning of the national assembly towards reinstating the practices and procedures and complying with the rules of procedure; regrets that the overall parliamentary oversight of the executive has remained rather formalistic; underlines that further substantive reforms in the procedure and practices are necessary to improve the quality of the legislative process, ensure effective parliamentary oversight and put a stop on systemic degradation of the national assembly; stresses that abusive language, intimidation and slandering campaigns against political opponents used by MPs in the plenary of the national assembly represent the breach of democratic practice and fundamental democratic values that should be strongly condemned and sanctioned in line with the rules of procedure; calls for effective cooperation with independent and regulatory bodies and increased engagement of the national assembly in oversight and control of the government and administration; calls for substantive engagement of national assembly in the process of Serbia's EU accession negotiations process in line with the Resolution on the role of the National Assembly and principles in negotiations on Serbia's accession to the EU adopted in 2013;underlines that the quality of the legislative process still needs to be improved by increasing transparency and social dialogue and ensuring that independent regulatory bodies are empowered to exercise their oversight roles effectively; notes with concern the lack of transparency around the Commissioner for Equality’s reappointment process;
2020/12/15
Committee: AFET
Amendment 174 #

2019/2175(INI)

Motion for a resolution
Paragraph 14 a (new)
14a. Notes with concern that the parliament met only 44 days after the declaration of the state of emergency in March 2020, which undermined its position as the key institution of parliamentary democracy as enshrined in the Constitution of Serbia; notes with concern that the parliament did not began its work in full for 109 days after the declaration of the final election results on 5 July 2020, despite a clear parliamentary majority;
2020/12/15
Committee: AFET
Amendment 184 #

2019/2175(INI)

Motion for a resolution
Paragraph 15 b (new)
15b. Notes the concerns that the acquisition of two television channels with national coverage in December 2018by an individual connected with the ruling party represented a step towards monopolisation of the media landscape in the country by the government; invites the editorial teams of all television channels with national coverage in Serbia to respect the highest professional standards and allow for differing opinions to be heard regularly;
2020/12/15
Committee: AFET
Amendment 185 #

2019/2175(INI)

Motion for a resolution
Paragraph 15 a (new)
15a. Regrets the lack of transparency by the national authorities during the Covid-19 pandemic, including practices such as the manipulation of data, particularly ahead of the Parliament elections; deplores the disinformation campaign concerning donor aid during the pandemic by government officials, including president Vučić;
2020/12/15
Committee: AFET
Amendment 192 #

2019/2175(INI)

Motion for a resolution
Paragraph 16
16. Regrets the lack of progress on media freedom, abusive language, intimidation and even hate speech, including from the members of the ruling parties, whose responsibility to act with respect towards all the representatives of the media is the highest in this regard; urges Serbian authorities to take immediate measures to guarantee freedom of expression and media independence;
2020/12/15
Committee: AFET
Amendment 196 #

2019/2175(INI)

Motion for a resolution
Paragraph 16 a (new)
16a. Condemns all verbal attacks, hate speech and intimidation campaigns, including targeted pressure against European politicians by Serbian officials and the pro-government media;
2020/12/15
Committee: AFET
Amendment 198 #

2019/2175(INI)

Motion for a resolution
Paragraph 16 b (new)
16b. Notes with concern that the work of the civil society organisations takes place in an environment that is not open to criticism, with some CSO-s coming under particular pressure and intimidation from the government and the media close to the ruling party; urges the authorities to enable an atmosphere conductive to the work of all civil society organisations as soon as possible;
2020/12/15
Committee: AFET
Amendment 200 #

2019/2175(INI)

Motion for a resolution
Paragraph 16 c (new)
16c. Urges the authorities to fully clarify the situation with the investigation of CSOs and journalists for money laundering;
2020/12/15
Committee: AFET
Amendment 209 #

2019/2175(INI)

Motion for a resolution
Paragraph 16 b (new)
16b. Condemns the incidents of disproportional use of police force during the July 2020 protests, which deserve particular attention of the authorities; invites the Serbian authorities to properly investigate all cases in which the police has overstepped its authority;
2020/12/15
Committee: AFET
Amendment 214 #

2019/2175(INI)

Motion for a resolution
Paragraph 17
17. Notes that the legal and institutional framework for upholding human rights is broadly in place and calls for its more effective implementation, with particular regard to the most vulnerable groups in society, includingsuch as national minorities, in the areas of educationcluding Roma community, in the areas of education, health, employment, housing, use of minority languages, adequate representation in public administration and the judiciary;
2020/12/15
Committee: AFET
Amendment 224 #

2019/2175(INI)

Motion for a resolution
Paragraph 18
18. TNotes with concern the high rate of women and children victims of violence and domestic violence; takes notes of Serbia’s efforts to fight violence against women and children and domestic violence; stressurges, however, that implementation and improvements are needed;
2020/12/15
Committee: AFET
Amendment 235 #

2019/2175(INI)

Motion for a resolution
Paragraph 19
19. Underlines the need for protection of LGBTI rights; calls for more adequate responses from the authorities to hate speech and hate-motivated crimes; stresses the importance for all institutions to support the preparation of EuroPride 2022 and ensure the safety of all participants;
2020/12/15
Committee: AFET
Amendment 238 #

2019/2175(INI)

Motion for a resolution
Paragraph 19 a (new)
19a. Calls on the government to legally regulate same-sex unions according to relevant jurisprudence of the European Court of Human Rights;
2020/12/15
Committee: AFET
Amendment 240 #

2019/2175(INI)

Motion for a resolution
Paragraph 20
20. Commends the strong female representation in the new government, in the hope that it will lead to the meaningful and substantive promotion of the human rights and political liberties not only of women but also of other vulnerable groups; welcomes the representation of national minorities in the parliament;
2020/12/15
Committee: AFET
Amendment 246 #

2019/2175(INI)

Motion for a resolution
Paragraph 21
21. WelcomesTakes note of Serbia’s engagement in regional cooperation initiatives, despite lack on tangible positive developments; encourages Serbia to sustain and advance its efforts at all levels aimed at reconciliation and strengthening good neighbourly relations; invites Serbia to fully implement bilateral agreements with neighbouring countries and to improve the resolution of outstanding issues with its neighbours, in particular border demarcation, succession, the return of cultural property and the opening archives of Yugoslavia;
2020/12/15
Committee: AFET
Amendment 263 #

2019/2175(INI)

Motion for a resolution
Paragraph 22
22. Stresses that the normalisation of relations between Serbia and Kosovo is a priority and a precondition for EU accession; calls for active and constructive engagement in the EU-facilitated dialogue led by the EU Special Representative seeking a comprehensive and legally binding agreement, in accordance with international law; reiterates its call to move forward with the full implementation, in good faith and in a timely manner, of all the agreements already reached; reiterates its call to the authorities to refrain from using inflammatory language towards the citizens of Kosovo of Albanian ethnicity;
2020/12/15
Committee: AFET
Amendment 274 #

2019/2175(INI)

Motion for a resolution
Paragraph 24
24. Stresses the importance of regional cooperation on war crimes and missing persons, including of recognising and respecting court verdicts on war crimes, rejecting hate speech and the glorification of war criminals, and supporting domestic prosecutors in bringing perpetrators to justice; calls on Serbian authorities to adopt and implement the measures that would address and help resolve these recurring issues;
2020/12/15
Committee: AFET
Amendment 295 #

2019/2175(INI)

Motion for a resolution
Paragraph 27
27. Calls on Serbia to increase the sustainability of its energy sector by diversifying its energy sources and moving towards renewables while at the same time adopting the necessary measures to preserve and protect environmentally sensitive areasand less polluting fuels to ensure compliance with its indicative trajectory while at the same time removing all non-compliant coal subsidies and converting the existing coal-based or petroleum products based district heating into a high efficiency cogeneration-and renewables-based system ; encourages Serbia to step up the monitoring of the implementation and the enforcement of the National Emission Reduction Plan;
2020/12/15
Committee: AFET
Amendment 305 #

2019/2175(INI)

Motion for a resolution
Paragraph 28
28. Urges the authorities to ensure alignment with EU standards and policy objectives on climate protection and environment, in order to facilitate the transition to a circular economy; encourages Serbia – in particular in light of the Sofia Declaration on the Green Agenda for the Western Balkans – including, but not limited to the introduction of carbon emissions pricing, update of energy efficiency legislation, the development and adoption of an integrated National Energy and Climate Plan, in order to facilitate the transition to a circular economy and adopting the necessary measures to preserve and protect environmentally sensitive areas; encourages Serbia to finalise the reforms of the national electricity and gas sectors by ensuring in particular unbundling of the system operators and to work on regional connectivity and the completion of the regional energy market in electricity and natural gas;
2020/12/15
Committee: AFET
Amendment 315 #

2019/2175(INI)

Motion for a resolution
Paragraph 30
30. Reiterates the importance of alignment with the EU common foreign and security policy (CFSP), which must progressively become an integral part of Serbia’s foreign policy; notes that the alignment rate has been falling in recent years, rather than increasing; notes that the highest government officials continue to make occasional statements that call into question Serbia’s foreign policy orientation;
2020/12/15
Committee: AFET
Amendment 323 #

2019/2175(INI)

Motion for a resolution
Paragraph 30 a (new)
30a. Reminds that moving the Embassy of Serbia of Israel from Tel Aviv to Jerusalem would go against the position of the European Union on the Two-State solution to the Israel-Palestine dispute;
2020/12/15
Committee: AFET
Amendment 351 #

2019/2175(INI)

Motion for a resolution
Paragraph 34
34. Takes note of Serbia’s decision to sign a free trade agreement with the Eurasian Economic Union in October 2019; expects Serbia, however, to align with EU trade policy; regrets that Serbia is still not a member of the World Trade Organisation;
2020/12/15
Committee: AFET
Amendment 365 #

2019/2175(INI)

Motion for a resolution
Paragraph 36
36. Expresses concern over Serbia’s increasing dependence on defence equipment and technologies from the People’s Republic of China, including a mass surveillance system of cameras in Belgrade, and the insufficient transparency of the security sector’s public procurement practices; continues to be concerned about Serbia’s close political and military cooperation with Russia;
2020/12/15
Committee: AFET
Amendment 379 #

2019/2175(INI)

Motion for a resolution
Paragraph 38
38. Calls onfor the Council to fine-tunefuture Instrument for Pre-accession Assistance (IPA III) to contain both, incentives and conditionality in the future Instrument for Pre-accession Assistance (IPA III); considers it essential that IPA III supports further strengthening of the fundamental values and good governance and is discontinued in cases of systemic threats to the Union’s interests and values; believes that the principle of the reversibility of the accession process under the renewed methodology should also be clearly reflected in the pre- accession financing; reiterates that the scale of financial assistance should match the goal of SerbiaKosovo’s European perspective;
2020/12/15
Committee: AFET
Amendment 31 #

2019/2174(INI)

Motion for a resolution
Recital B
B. whereas the country is maintaining a steady pace on the rule of lawin advancing EU reforms, in particular in key areas such as the rule of law, fight against corruption and organised crime, intelligent services, public administration and functioning of democratic institutions and procedures;
2020/12/22
Committee: AFET
Amendment 48 #

2019/2174(INI)

Motion for a resolution
Recital D h (new)
Dh. whereas European Council has so far failed to approve the European Union’s membership negotiation framework for North Macedonia;
2020/12/22
Committee: AFET
Amendment 57 #

2019/2174(INI)

Motion for a resolution
Paragraph 1
1. Welcomes North Macedonia’s clear strategic orientation and commitment to EuropeanU integration, as manifested by continued implementation of accession- related reforms;
2020/12/22
Committee: AFET
Amendment 58 #

2019/2174(INI)

Motion for a resolution
Paragraph 1 – point 1 a (new)
(1a) Deplores the failure of the European Council to approve the European Union’s membership negotiation framework for North Macedonia;
2020/12/22
Committee: AFET
Amendment 65 #

2019/2174(INI)

Motion for a resolution
Paragraph 2
2. Urges the authorities to sustain consensual efforts to strengthen democratic consolidationcy and the transformation process, the continued fight against corruption, and restoreto strengthen the rule of law, while improving the climate for media and civil society;
2020/12/22
Committee: AFET
Amendment 74 #

2019/2174(INI)

Motion for a resolution
Paragraph 4
4. Commends the steady steps in following up onprogress achieved in addressing the ‘Urgent Reform Priorities’ and following up on the recommendations of the Venice Commission and the Senior Experts’ Group on systemic Rule of Law issues;
2020/12/22
Committee: AFET
Amendment 84 #

2019/2174(INI)

Motion for a resolution
Paragraph 7
7. Urges the coimplementation of measures to ensure judicial and prosecutorial professionalism, independence, integrity and accountability, including through an efficient implementation of codes of ethics and of the landmark law on the Public Prosecutor’s Office, ensuring sustainable solutions for cases related tothe case of the Special Prosecutor’s Office, and accountability for crimes stemming from the large-scale illegal wiretapping case;
2020/12/22
Committee: AFET
Amendment 87 #

2019/2174(INI)

Motion for a resolution
Paragraph 8
8. Encourages the conclusion of institutional reforms and the restructuring ofimplementation of the ongoing reforms in the security and intelligence sectors;
2020/12/22
Committee: AFET
Amendment 102 #

2019/2174(INI)

Motion for a resolution
Paragraph 10
10. Welcomes the positive engagement of the country’s main political forces, enabling adoption of key legislation and a smooth electoral process; takes note of the conclusions of the final report of the OSCE/ODIHR special election assessment mission that the 15 July 2020 parliamentary elections were well administered amid necessary COVID-19 related adjustments but persistent shortcomings and instability in the legal framework underlined the need for comprehensive reform in advance of future elections;
2020/12/22
Committee: AFET
Amendment 113 #

2019/2174(INI)

Motion for a resolution
Paragraph 14
14. Underlines the need to complete a timely, inclusive and comprehensive review of the Eelectoral Code; legislation, by addressing the remaining recommendations of the OSCE/ODIHR and Venice Commission;
2020/12/22
Committee: AFET
Amendment 133 #

2019/2174(INI)

Motion for a resolution
Paragraph 17 b (new)
17b. Notes with concern the widespread hate speech on social media, particularly towards Roma, LGBTI+ persons and other marginalised groups;
2020/12/22
Committee: AFET
Amendment 134 #

2019/2174(INI)

Motion for a resolution
Paragraph 17 b (new)
17b. Notes that more effort must be made in building up prosecution capacities for protection from hate crimes, hate speech and gender-based violence;
2020/12/22
Committee: AFET
Amendment 142 #

2019/2174(INI)

Motion for a resolution
Paragraph 18
18. Welcomes the renewed adoption of anti-discrimination legislation, and urges the authorities to follow up with an inclusive and transparent process establishing an independent Anti- Discrimination Commission, ensuring protection and inclusion of all marginalised groups; encourages the Sobranie to adopt legislation which will enable a simplified, transparent and accessible procedure based on self-determination for legal gender recognition, and prevent discrimination based on sexual orientation or gender identity;
2020/12/22
Committee: AFET
Amendment 159 #

2019/2174(INI)

Motion for a resolution
Paragraph 21
21. Calls on lawmakers in Northern Macedonia to take steps to ensure an adequate representation of women in all decision-making positions, and to further address the gender imbalance and gender pay gap in the labour force; calls on all political parties to improve and ensure equal representation of women in appointed offices;
2020/12/22
Committee: AFET
Amendment 163 #

2019/2174(INI)

Motion for a resolution
Paragraph 22
22. Welcomes the country’s efforts in improving cooperation on managing migration and addressing the basic needs of refugees, asylum seekers and migrants; calls for further strengthening of international protection of those in need, recalls the need to establish a viable mechanism for managing irregular migratory flows, ensuring international protection and combating people smuggling networks; encourages the country to move forward with the adoption of a strategy on the integration of migrants, including re-integration of returnees;
2020/12/22
Committee: AFET
Amendment 178 #

2019/2174(INI)

Motion for a resolution
Paragraph 23
23. Acknowledges that the generally favourable environment for freedom of expression and media independence must be enhanced through improved legal framework, self- regulation, transparency of ownership and advertising market, while increasing financial sustainability and impartiality of public and private media outlets;
2020/12/22
Committee: AFET
Amendment 181 #

2019/2174(INI)

Motion for a resolution
Paragraph 24
24. Encourages systemic media reforms that would reinvigorate competition, the independence of the public service broadcaster, and qualitymedia regulator and support investigative journalism;
2020/12/22
Committee: AFET
Amendment 185 #

2019/2174(INI)

Motion for a resolution
Paragraph 25
25. Commends stepsNotes the steps taken to enhancinge media self-regulation and professional standards;
2020/12/22
Committee: AFET
Amendment 191 #

2019/2174(INI)

Motion for a resolution
Paragraph 27
27. Calls for effective investigations into physical threats and verbal attacks against media professionals and for the further improvement of the national legal framework to create institutional measures for increasing the safety of journalists;
2020/12/22
Committee: AFET
Amendment 197 #

2019/2174(INI)

Motion for a resolution
Paragraph 28
28. Notes the significance of ensuring quality journalism and media literacy for tackling widespread disinformation and fake news; is concerned about the disinformation campaigns in the media and calls on to investigate the sources of those campaigns;
2020/12/22
Committee: AFET
Amendment 205 #

2019/2174(INI)

Motion for a resolution
Paragraph 29 a (new)
29a. Welcomes the Governments efforts in establishing a Law on Minimum Wages, which would provide a steady rise in the minimum wage and the private consumption;
2020/12/22
Committee: AFET
Amendment 206 #

2019/2174(INI)

Motion for a resolution
Paragraph 29 b (new)
29b. Welcomes the steps taken in 2019 to establish a direct personal taxation system based on progressive rates. Notes the return to a flat-tax model. Encourages the Government to modernise the tax code with a higher focus on progressive rates on income, taxation of property and environmental factors, to produces sufficient value to implement social reforms and combat inequality;
2020/12/22
Committee: AFET
Amendment 207 #

2019/2174(INI)

Motion for a resolution
Paragraph 30 a (new)
30a. Notes that despite the efforts made to amend the healthcare law, which enabled an increase in salaries, the public health care sector still faces losses of medical staff, particularly specialists who are leaving the country to work abroad; therefore encourages the government to create attractive working conditions in the public health care sector;
2020/12/22
Committee: AFET
Amendment 213 #

2019/2174(INI)

Motion for a resolution
Paragraph 33 a (new)
33a. Commends the adoption of the Energy Efficiency Law and encourages North Macedonia to pursue the development and adoption of all essential related secondary legislation and strengthen institutional capacities for implementation;
2020/12/22
Committee: AFET
Amendment 215 #

2019/2174(INI)

Motion for a resolution
Paragraph 34
34. Welcomes continuous steps tothe progress achieved in ensureing compliance with the obligations of the Third Energy Package, and createing an integrated regional energy market;
2020/12/22
Committee: AFET
Amendment 217 #

2019/2174(INI)

Motion for a resolution
Paragraph 35
35. Welcomes the adoption of the Economic and Investment Plan and the Green Agenda for the Western Balkans to support Green and digital transition of the region; Recalls the potential of the Economic and Investment Plan for the Western Balkans to enhance regional connectivity through Rail Corridor VIII to Bulgaria, and gas interconnectors to Greece, Kosovo and Serbia;
2020/12/22
Committee: AFET
Amendment 226 #

2019/2174(INI)

Motion for a resolution
Paragraph 35 a (new)
35a. Commends North Macedonia on being the first of the Western Balkan countries to develop its draft Integrated National Energy and Climate Plan, which provides a solid basis for the development of an ambitious final plan;
2020/12/22
Committee: AFET
Amendment 230 #

2019/2174(INI)

Motion for a resolution
Paragraph 37
37. Reiterates its calls to address an alarming level of urban air pollution via a transition to sustainable energy, heating and transport, to ensure compliance with the emission ceiling levels for large combustion plants; recommends the development of a national strategy for coal phase out;
2020/12/22
Committee: AFET
Amendment 237 #

2019/2174(INI)

Motion for a resolution
Paragraph 38
38. Reiterates its full support to the enhanced regional cooperation in the region, and appeals to all parties to ensure the full andneed for the continuous implementation of the Prespa agreement with Greece and the Treaty on Good Neighbourly Relations with Bulgaria; in good faith by all parties;
2020/12/22
Committee: AFET
Amendment 243 #

2019/2174(INI)

Motion for a resolution
Paragraph 38 b (new)
38b. Calls on Bulgaria to withdraw its veto against North Macedonia in order not to further delay the accession progress, and not let the enlargement process be impeded by unilateral interests;
2020/12/22
Committee: AFET
Amendment 244 #

2019/2174(INI)

Motion for a resolution
Paragraph 38 c(new)
38c. Notes that in order to acknowledge country’s efforts in the EU accession process, Bulgaria should approve the opening of the intergovernmental conference (IGC) with North Macedonia as soon as possible, also in order to prevent that further delays harm the reconciliation gains in the region;
2020/12/22
Committee: AFET
Amendment 245 #

2019/2174(INI)

Motion for a resolution
Paragraph 38 d(new)
38d. Welcomes the efforts made by the German Presidency to facilitate discussions between Bulgaria and North Macedonia, with the goal of reaching an agreement in the Council on the negotiating framework;
2020/12/22
Committee: AFET
Amendment 255 #

2019/2174(INI)

Motion for a resolution
Paragraph 39
39. Regrets that Bulgaria and North Macedonia have yet to find a compromise on issues related to history and languagepending bilateral issues, trusts that they will soon be settled in order not to jeopardise the integration momentum, and looks forward to the adoption of the negotiating framework, with the aim of holding of the first intergovernmental conference, kick-starting the accession talks without a further delay;
2020/12/22
Committee: AFET
Amendment 259 #

2019/2174(INI)

Motion for a resolution
Paragraph 39 b (new)
39b. Notes with concern the rising wave of nationalism which surrounds the setback of the accession negotiations; Points out that the idea of the European Union is to overcome regional disputes and a difficult past, in order to work and prosper together on a better peaceful future;
2020/12/22
Committee: AFET
Amendment 260 #

2019/2174(INI)

Motion for a resolution
Paragraph 39 b (new)
39b. Calls for the implementation of an institutionalized and sufficiently public- financed youth dialogue between North Macedonia and Greece, and North Macedonia and Bulgaria based on the model of the Franco-German Youth Office (FGYO);
2020/12/22
Committee: AFET
Amendment 278 #

2019/2174(INI)

Motion for a resolution
Paragraph 42 c (new)
42c. Reiterates its full support of the promise of Thessaloniki, made by the European Council in 2003, namely the future of the Western Balkan countries lies in the EU;
2020/12/22
Committee: AFET
Amendment 4 #

2019/2173(INI)

Motion for a resolution
Citation 22 a (new)
— having regard to the fifth country monitoring report of the European Commission Against Racism and Intolerance (ECRI), published on September 20171a , and to the conclusions on Montenegro concerning the state of implementation of the 2017 recommendations, published on June 2020,1b __________________ 1a https://rm.coe.int/second-report-on- montenegro/16808b5942 1bhttps://rm.coe.int/ecri-conclusions-on- the-implementation-of-the- recommendations-in-respe/16809e8273
2021/03/15
Committee: AFET
Amendment 13 #

2019/2173(INI)

Motion for a resolution
Recital E a (new)
Ea. whereas the Government accepted the election results and the transition of power, thus confirming the level of democratic maturity and progress achieved in Montenegro;
2021/03/15
Committee: AFET
Amendment 36 #

2019/2173(INI)

Motion for a resolution
Paragraph 3 a (new)
3a. Expresses concern about the accusations of foreign influence in the election process;
2021/03/15
Committee: AFET
Amendment 67 #

2019/2173(INI)

Motion for a resolution
Paragraph 14 a (new)
14a. Welcomes that the President of the Supreme Court and the presidents of the basic courts in Bar, Kotor and Plav resigned after the call for judges with multiple mandates to resign, respecting European democratic standards;
2021/03/15
Committee: AFET
Amendment 72 #

2019/2173(INI)

Motion for a resolution
Paragraph 17 a (new)
17a. Welcomes the initiation of judicial proceedings for establishing the liability of individuals and political parties on charges of illegal financing of political parties;
2021/03/15
Committee: AFET
Amendment 76 #

2019/2173(INI)

Motion for a resolution
Paragraph 18 a (new)
18a. Expresses concern over the solutions from the amendments to the Law on Civil Servants and State Employees passed in the Parliament, which lower the criteria for the work in public administration despite warnings that progress in public administration reform could be undermined in order to implement merit-based employment;
2021/03/15
Committee: AFET
Amendment 110 #

2019/2173(INI)

Motion for a resolution
Paragraph 24
24. Welcomes progress on the protection of LGBTI rightthe rights of LGBTI persons and the adoption of the law on same-sex partnerships and calls on authorities to ensure all necessary conditions for its adequate and timely implementation; stresses that the situation of transgender and non-binary persons needs to be improved; urges the collection of disaggregated data relating to hate speech and crime based on sexual orientation and gender identity as recommended by ECRI and calls for their effective sanctioning;
2021/03/15
Committee: AFET
Amendment 119 #

2019/2173(INI)

Motion for a resolution
Paragraph 25 a (new)
25a. Expresses concern that the Government adopted amendments to the Law on Freedom of Religion or Belief and the Legal Status of Religious Communities in an urgent procedure, without a public debate and dialogue with all religious communities and without the opinion of the Venice Commission;
2021/03/15
Committee: AFET
Amendment 139 #

2019/2173(INI)

Motion for a resolution
Paragraph 27 a (new)
27a. Expresses concern over the controversial governmental appointments in the security and military intelligence sector and the danger that Montenegro's strategic alliance with the EU and NATO could be called into question;
2021/03/15
Committee: AFET
Amendment 157 #

2019/2173(INI)

Motion for a resolution
Paragraph 29 a (new)
29a. Expresses concern that the Budget Law for 2021 was not proposed until the end of 2020;
2021/03/15
Committee: AFET
Amendment 168 #

2019/2173(INI)

Motion for a resolution
Paragraph 31 a (new)
31a. Expresses concern over a new loan of EUR 750 million by the Government, without consulting the Parliament;
2021/03/15
Committee: AFET
Amendment 171 #

2019/2173(INI)

Motion for a resolution
Paragraph 32
32. Reiterates that the European Union has swiftly mobilised substantial support for the Western Balkans to tackle the COVID-19 pandemic health emergency and the socio-economic recovery of the region; calls on Montenegrin authorities to take into strong consideration the needs of the most vulnerable groups in society such as women, Roma and LGBTI persons, people with disabilities and other minorities when creating and implementing COVID-19 socio-economic relief measures;
2021/03/15
Committee: AFET
Amendment 175 #

2019/2173(INI)

Motion for a resolution
Paragraph 32 a (new)
32a. Expresses concern over the accusations about the ongoing process of dismissal of leaders in public health institutions at a time when Montenegro is seriously affected by the COVID 19 pandemic;
2021/03/15
Committee: AFET
Amendment 71 #

2019/2172(INI)

Motion for a resolution
Paragraph 4
4. Welcomes the peaceful and orderly conduct of the early legislative elections of 6 October 2019; stresses the importance of addressing all the shortcomings identified and recommendations made by the EUEOM; regrets that Kosovo continues to struggle with political instability following the elections, resulting in a third government in less than a year; notes that the current government has lost its majority resulting in a lack of legislative initiatives by the Assembly;
2020/12/15
Committee: AFET
Amendment 73 #

2019/2172(INI)

Motion for a resolution
Paragraph 4 a (new)
4a. Calls on all the political forces in Kosovo to improve the legal certainty and to amend the relevant legislation following the decision by the Supreme Court that following a vote of no- confidence a new government can be formed without holding extraordinary/early elections;
2020/12/15
Committee: AFET
Amendment 74 #

2019/2172(INI)

Motion for a resolution
Paragraph 4 b (new)
4b. Expects the political forces in Kosovo to find a consensus on the candidate of the President to avoid extraordinary/early elections and increase of political instability;
2020/12/15
Committee: AFET
Amendment 84 #

2019/2172(INI)

Motion for a resolution
Paragraph 5
5. Welcomes the Commission’s statement of 26 August 2020 confirming its assessment of Kosovo’s ability to benefit from the visa liberalisation regime, and calls on the Council to urgently proceed with the adoption of a visa-free regime for the citizens of Kosovo; regrets that during the German EU Presidency of 2020 the Council did not manage to adopt the visa liberalisation for the citizens of Kosovo;
2020/12/15
Committee: AFET
Amendment 99 #

2019/2172(INI)

Motion for a resolution
Paragraph 8 a (new)
8a. Reminds that opening the Embassy of Kosovo in Israel in Jerusalem instead of Tel Aviv would go against the position of the European Union on the Two-State solution to the Israel-Palestine dispute;
2020/12/15
Committee: AFET
Amendment 111 #

2019/2172(INI)

Motion for a resolution
Paragraph 10 a (new)
10a. Stresses the need to intensify the fight against corruption, and expresses its serious concern about the abolition of the special anti-corruption department (Anti- Corruption Task Force) within [SJ1] the Kosovo Police (KP); notes that organised crime, including drug and human trafficking, and cybercrime, remain issues of concern that require concerted efforts;
2020/12/15
Committee: AFET
Amendment 115 #

2019/2172(INI)

Motion for a resolution
Paragraph 11
11. Calls on Kosovo to improve its regulatory measures for the freezing, confiscation and recovery of assets, and for final convictions in cases of high-level corruption, organised and financial crime, money laundering and terrorist financing; expects more progress to be made in strengthening the track record on the investigation and prosecution of high- level corruption and cases of organised crime;
2020/12/15
Committee: AFET
Amendment 136 #

2019/2172(INI)

Motion for a resolution
Paragraph 13 a (new)
13a Regrets the attempts by the former President Hashim Thaci to undermine the mandate of EULEX;
2020/12/15
Committee: AFET
Amendment 203 #

2019/2172(INI)

Motion for a resolution
Paragraph 25 a (new)
25a. Stresses that the conduct of the Belgrade-Pristina dialogue must be open and transparent and that the officials in charge for it should regularly consult with the Kosovo Assembly on its developments; invites the government to communicate better the results of the dialogue to the citizens of Kosovo;
2020/12/15
Committee: AFET
Amendment 218 #

2019/2172(INI)

Motion for a resolution
Paragraph 27
27. Commends the good regional cooperation between Kosovo and Serbia in the fight against the spread of the COVID- 19 pandemic, including cooperation between the mayors of Mitrovica and communication between Ministers of Health; regrets, however, the poor handling of the pandemic by Kosovo authorities;
2020/12/15
Committee: AFET
Amendment 232 #

2019/2172(INI)

Motion for a resolution
Paragraph 29
29. Calls for more efforts in dealing with the requests of family members of missing persons, the opening of wartime archives, and for information to be revealed about people who are still listed as missing from the 1998-99 Kosovo war; calls on Serbia to investigate the remains of three bodies that have been exhumed so far during searches in a mass grave in Kizevak village of Raska municipality near Kosovo border discovered in November 2020 that are believed to be Kosovo Albanians;
2020/12/15
Committee: AFET
Amendment 242 #

2019/2172(INI)

Motion for a resolution
Paragraph 31
31. Stresses the need for urgent implementation of active labour market policies, including upskilling, vocational education training and on-the- job training, in order to increase employment of vulnerable groups;
2020/12/15
Committee: AFET
Amendment 258 #

2019/2172(INI)

Motion for a resolution
Paragraph 33 a (new)
33a. Regrets that the Assembly of Kosovo was unable to pass a second economic recovery package in the first attempt, providing relief for the healthcare sector, private sector and Kosovo’s citizens;
2020/12/15
Committee: AFET
Amendment 282 #

2019/2172(INI)

Motion for a resolution
Paragraph 38 a (new)
38a. Calls for the future Instrument for Pre-accession Assistance (IPA III) to contain both, incentives and conditionality; considers it essential that IPA III supports further strengthening of the fundamental values and good governance and is discontinued in cases of systemic threats to the Union’s interests and values; believes that the principle of the reversibility of the accession process under the renewed methodology should also be clearly reflected in the pre- accession financing; reiterates that the scale of financial assistance should match the goal of Kosovo’s European perspective;
2020/12/15
Committee: AFET
Amendment 25 #

2019/2171(INI)

Motion for a resolution
Citation 11 a (new)
- having regard to the Declaration of 5 July 2009 of Western Balkans partners on Roma Integration within the EU Enlargement Process, known as the Poznan Declaration,
2021/02/15
Committee: AFET
Amendment 30 #

2019/2171(INI)

Motion for a resolution
Citation 13
- having regard to its resolution of 9 July 2015 on the Srebrenica Commemoration1 , of 15 January 2009 on Srebrenica and of 7 July 2005 on the Western Balkans 10 years after Srebrenica, __________________ 1 OJ C 265, 11.8.2017, p. 142.
2021/02/15
Committee: AFET
Amendment 42 #

2019/2171(INI)

Motion for a resolution
Citation 18 a (new)
- having regard to the Report of the International Tribunal for the Former Yugoslavia of 1 July 2017,
2021/02/15
Committee: AFET
Amendment 43 #

2019/2171(INI)

Motion for a resolution
Citation 18 b (new)
- having regard to the Progress Report of the Prosecutor of the International Residual Mechanism for Criminal Tribunals of 19 May 2020,
2021/02/15
Committee: AFET
Amendment 44 #

2019/2171(INI)

Motion for a resolution
Citation 18 c (new)
- having regard to the 58th Report of the High Representative (HR) for Implementation of the Peace Agreement on Bosnia and Herzegovina,
2021/02/15
Committee: AFET
Amendment 60 #

2019/2171(INI)

Motion for a resolution
Recital F
F. whereas the country continues to face numerous challenges related to the rule of law, human rights, fundamental freedoms, governance, accountability, freedom of expression and media freedom, and a functioning market economy;
2021/02/15
Committee: AFET
Amendment 70 #

2019/2171(INI)

Motion for a resolution
Recital G
G. whereas BiH is a migrant transit route, and reception capacities remain insufficient for hosting migrants and asylum seekers present in the country, despite the availability of EU funded and ready-made solutions;
2021/02/15
Committee: AFET
Amendment 74 #

2019/2171(INI)

Motion for a resolution
Recital G a (new)
Ga. whereas serious human rights concerns remain over the rights of people in transit in BiH;
2021/02/15
Committee: AFET
Amendment 75 #

2019/2171(INI)

Motion for a resolution
Recital G b (new)
Gb. whereas the EU approach to the external dimension of migration has led the EU to cooperate with BiH in the field of border control and migration management; whereas the externalisation of EU border management and migration control is of serious concern in light of violations of human rights standards; whereas it is the EU's duty to conduct a humane border procedure and migration approach that aims at protecting the fundamental rights of persons in need of international protection in countries of transit such as BiH;
2021/02/15
Committee: AFET
Amendment 95 #

2019/2171(INI)

Motion for a resolution
Paragraph 1
1. Recalls that the path towards the EU depends on sustainable peace, lasting stability, social cohesion and genuine reconciliation warranting the democratic and multicultural character of BiH; urges the country to expedite effective prosecution of war crimes under the revised National War Crimes Processing Strategy, and calls for impartial and effective investigations into these crimes; condemns any kind of historical revisionism, or opposition to ICTY judgements, secessionist rhetoric and related acts, denial or glorification of war crimes committed during the 1990’s war;
2021/02/15
Committee: AFET
Amendment 101 #

2019/2171(INI)

Motion for a resolution
Paragraph 2
2. Recalls that over 7 200 BiH citizens are still missing, and urges the authorities to intensify cooperation and data sharing between regional, national and international stakeholders alike, on issues related to missing persons, redress to civilian victims of war, including victims of sexual violence, and to ensure the safe and sustainable return of refugees and internally displaced people; through reconstruction assistance, job creation measures, education rights and the proper implementation of property laws;
2021/02/15
Committee: AFET
Amendment 107 #

2019/2171(INI)

Motion for a resolution
Paragraph 2 a (new)
2a. Urges the rapid adoption of a law banning Holocaust denial, genocide and war crimes; encourages the High Representative in BiH (OHR) to use his powers to make the law banning Holocaust denial, genocide and war crimes an integral part of BiH legislation;
2021/02/15
Committee: AFET
Amendment 121 #

2019/2171(INI)

Motion for a resolution
Paragraph 4
4. Urges the authorities to ensure inclusive and non-discriminatory education for all children, regardless of their ethnic, cultural, or personal background, notably by abolishing the two-schools-under-one- roof practice ruled as discriminatory and as ethnic segregation by the Supreme Court of Federation of BiH, by enabling Bosniak children in Republika Srpska to name their mother tongue as Bosnian language and by increasing the enrolment and completion rate of Roma pupils;
2021/02/15
Committee: AFET
Amendment 135 #

2019/2171(INI)

Motion for a resolution
Paragraph 4 a (new)
4a. Urgently calls on BiH to remedy the unequal access to remote schooling, resulting in many children being deprived of their right to education throughout the pandemic;
2021/02/15
Committee: AFET
Amendment 140 #

2019/2171(INI)

Motion for a resolution
Paragraph 5
5. Urges all BiH political leaders and institutions to significantly accelerate work and co-operation to fully comply with the 14 key priorities; calls on the authorities to maintain the political will for enhanced co-operation demonstrated at the onset of the COVID-19 crisis, especially through developing and adopting a national programme for the adoption of the EU acquis; guaranteeing legal certainty by establishing a judicial body entrusted with ensuring the consistent interpretation of the law throughout BiH; ensuring that veto rights in all administrative bodies entrusted with implementing the acquis are eliminated; strengthening the prevention and fight against corruption and organised crime; ensuring the implementation of the legislation on non- discrimination and on gender equality; enabling environment for civil society by upholding European standards on freedom of association and freedom of assembly;
2021/02/15
Committee: AFET
Amendment 148 #

2019/2171(INI)

Motion for a resolution
Paragraph 6
6. Underlines that the effective organisation and independent functioning of institutions is an essential feature of a viable democracy and a prerequisite for advancing the EU integration process, including obtaining candidate status; warns that ethno-nationalistic divisive rhetoric and attempts to obstruct the functioning of institutions undermine unity, lasting stability and country-wide co- ordination and decision-making on key policies and reforms;
2021/02/15
Committee: AFET
Amendment 156 #

2019/2171(INI)

Motion for a resolution
Paragraph 7
7. Commends the adoption of the amendments to the BiH Election Law that allowed Mostar citizens to vote in the 2020 local elections; welcomes the Parliamentary Assembly’s vote of 22 July 2020 on the Rules of Procedure governing the meetings of Stabilisation and Association Parliamentary Committee (SAPC), paving the way for their formal adoption by the 2nd EU-BiH SAPC as soon as possible and for a fruitful parliamentary cooperation;
2021/02/15
Committee: AFET
Amendment 164 #

2019/2171(INI)

Motion for a resolution
Paragraph 7 d (new)
7d. Calls on the EC and the EEAS to step up their mediation activities in BiH, in order to strengthen political dialogues and reconciliation, which is central to the future development of BiH, and to provide a framework for dealing with the legacies from the past and for overcoming the divisions in the society;
2021/02/15
Committee: AFET
Amendment 173 #

2019/2171(INI)

Motion for a resolution
Paragraph 8
8. Underlines the urgent need to address shortcomings in the constitutional framework andincluding through harmonisation of laws on cantonal and federal level and expanding the state’s jurisdiction, as well as to make progress on reforms that would transform BiH into a fully functional and inclusive state by implementing the Sejdic-Finci case group; stresses that institutional reforms depend on the will and commitment of political leaders and institutions in the country; urges the international community to facilitate the conditions for constitutional dialogue within BiH institutions and among elected representatives in BiH under the leadership of the EU, in particular Parliament, and in consultation with civil society;
2021/02/15
Committee: AFET
Amendment 182 #

2019/2171(INI)

Motion for a resolution
Paragraph 10
10. Regrets the lack of progress on reforms in the judiciary; reiterates the urgent need to resolve the mounting backlog of cases pending trial, to strengthen the professionalism and accountability of the judiciary and, to ensure its independence from undue influence by adopting new legislation on the High Judicial and Prosecutorial Council and on the Courts of BiH in line with EU standards;
2021/02/15
Committee: AFET
Amendment 195 #

2019/2171(INI)

Motion for a resolution
Paragraph 11
11. Calls for immediate steps to tackle corruption and impunity in the public sphere in order to rebuild citizens’ trust in the institutions; by adopting and implementing legislation on conflict of interest and whistle-blowers’ protection; ensuring the effective functioning and coordination of anti-corruption bodies; align the legislation and strengthen capacities on public procurement; ensuring transparency of privatisation processes; in particular, calls for the authorities to duly investigate and resolve the lack of effective prosecutions for high- profile corruption cases; insists that the persistent lack of transparency shown by political actors and public institutions alike needs to be addressed;
2021/02/15
Committee: AFET
Amendment 209 #

2019/2171(INI)

Motion for a resolution
Paragraph 12 a (new)
12a. Regrets the lack of progress on addressing the EU’s Opinion priority n. 11 on ensuring an enabling environment for civil society by upholding European standards on freedom of association and freedom of assembly; underlines the importance of protecting and promoting freedom of association and deplores that the exercise of freedom of assembly remains restricted; regrets that activists, in particular those dealing with sensitive issues in Republika Srpska have been subject to threats, intimidation, fines and judicial prosecution; calls on the authorities to develop a strategic framework of cooperation with civil society and to ensure meaningful consultations as part of inclusive policy dialogues;
2021/02/15
Committee: AFET
Amendment 210 #

2019/2171(INI)

Motion for a resolution
Paragraph 12 b (new)
12b. Stresses the need to make the European integration process as inclusive and open as possible; notes the insufficient involvement of civil society organisations which can make substantial contributions to the EU integration process; notes that this involvement is of paramount importance for the participation of citizens in the democratic life of the country and in the enlargement process;
2021/02/15
Committee: AFET
Amendment 214 #

2019/2171(INI)

Motion for a resolution
Paragraph 13
13. Expresses concern over the fundamental rights situation, specifically, the persisting discrimination and hate speech faced by the LGBTIQ+ community, migrants and asylum seekers, as well as ethnic and religious minorities, and calls for more effective and comprehensive countrywide hHuman rRights and anti- discrimination strategies, as well asincluding an action plan on child protection, an action plan on LGBTIQ+ people and measures against interfaith and interethnic intolerance; stresses the need to duly prevent and prosecute the proliferation of hate speech, hate crimes and violence targeting minorities, LGBTIQ+ persons and women, and to promote social inclusion of minorities and vulnerable populations, including the Roma, in line with the 2019 Poznan Declaration on Roma Integration within the EU Enlargement Process, persons with disabilities, LGBTIQ+ persons, migrants and asylum seekers, as well as displaced persons and refugees;
2021/02/15
Committee: AFET
Amendment 221 #

2019/2171(INI)

Motion for a resolution
Paragraph 13 a (new)
13a. Underlines that the enlargement process needs to deliver for women and all gender of BiH; urges the authorities to harmonise legislation on gender equality across the country and fully implement it; expresses concern about the high ratio of gender-based violence, increased domestic violence under COVID restrictions, and about abuses against women’s rights defenders, and the insufficient institutional response to tackle this phenomenon; stresses the need to ensure that reparation, access to specialised services, victims support, legal aid and safe accommodation for survivors of violence are guaranteed across the country and that women’s civil society organisations providing these services are supported;
2021/02/15
Committee: AFET
Amendment 222 #

2019/2171(INI)

Motion for a resolution
Paragraph 13 a (new)
13a. Recalls the need for specific earmarked funding on gender equality in all EU external financing instruments, and for reduced administrative constraints to allow access to funding for local and small civil society organisations (CSOs) and especially women civil society organisations (WCSOs);
2021/02/15
Committee: AFET
Amendment 223 #

2019/2171(INI)

Motion for a resolution
Paragraph 13 a (new)
13a. Stresses that the situation of LGBTI persons can be significantly improved by new legal measures and modifications such as legalising same-sex partnerships, the explicit protection of sexual orientation, gender identity and sex characteristics against hate speech and violence in the Criminal Code, quick, transparent and accessible procedures for legal gender recognition based on self- determination,1a and ensuring legal guarantees for the bodily integrity, autonomy, self-determination and informed consent of intersex persons, in line with its position on the matter;1b __________________ 1a In line with Council of Europe guidelines: Council of Europe’s Committee of Ministers Recommendation to Member States on measures to combat discrimination on grounds of sexual orientation or gender identity, available, CM/Rec(2010)5, available on http://assembly.coe.int/nw/xml/XRef/Xref- XML2HTML-EN.asp?fileid=21736. 1b Texts adopted, P8_TA(2019)0128.
2021/02/15
Committee: AFET
Amendment 229 #

2019/2171(INI)

Motion for a resolution
Paragraph 14
14. Commends the decision of the Constitutional Court of 4 October 2019 to repeal Article 11 of the Constitution of the Republika Srpska entity, thus abolishing capital punishment across BiH; regrets that the Republika Srpska entity parliament did not amend the Constitution on this matter prior to the Court decision;
2021/02/15
Committee: AFET
Amendment 232 #

2019/2171(INI)

Motion for a resolution
Paragraph 15
15. Regrets BiH’s continued inability to comply with anti-discrimination rulings of the European Court of Human Rights (ECtHR); notes the continuing shortcomings in the election process, and reiterates the need to address discriminatory ethnicity and residency- based restrictions on the right to stand for election through the required constitutional changes; regrets the inability to ensure that elections are conducted in line with European standards by implementing OSCE/ODIHR and relevant Venice Commission recommendations, as well as to ensure transparency of political party financing;
2021/02/15
Committee: AFET
Amendment 242 #

2019/2171(INI)

Motion for a resolution
Paragraph 16
16. Calls for thorough investigations into alleged electoral irregularities, including identity theft, barriers to independent electoral observation and political pressure on voters and the BiH Central Election Commission (CEC) itself and other irregularities, during of the 2020 municipal elections;
2021/02/15
Committee: AFET
Amendment 245 #

2019/2171(INI)

Motion for a resolution
Paragraph 17
17. Regrets continued political and financial pressure and instrumentalisation of the media, undermining freedom of expression and media pluraliswhich has especially deteriorated during the covid-19 pandemic, thus undermining freedom of expression and media pluralism, especially due to the lack of financial sustainability of the public broadcasting system; expresses its concern at the hostile environment for independent media, and urges the authorities to effectively investigate and prosecute verbal and physical threats and attacks against journalists and media personnel; , including female journalists, and media personnel; calls for the regulation of transparency of media ownership;
2021/02/15
Committee: AFET
Amendment 259 #

2019/2171(INI)

Motion for a resolution
Paragraph 18
18. Insists that the EU must enhance its communication strategy in order to proactively and effectively counter ethnic or religious-based foreign interferences and disinform disinformation campaigns aimed at diminishing the EU’s credibility and actions in the region and jeopardizing the country’s unity;
2021/02/15
Committee: AFET
Amendment 268 #

2019/2171(INI)

Motion for a resolution
Paragraph 18 a (new)
18a. Insists that BiH itself must increase proactive information-sharing on the pandemic, clarification of preventive measures and instructions for citizens, as well as data on infections and vaccinations through official channels;
2021/02/15
Committee: AFET
Amendment 280 #

2019/2171(INI)

Motion for a resolution
Paragraph 19
19. Notes the increased migratory pressure on the country; calls for effective inter-institutional and inter-governmental coordination of migration and border management in the face of a mounting humanitarian crisis; calls for equitable burden-sharing and adequate support for local communities hosting temporary reception centres; underlines the need to ensure appropriate reception condiurges the BiH authorities to quickly scale up actions to address the grave humanitarian situations and to boost capacity for processing incoming migrants and asylum-seekers; urges BiH to conclude an agreement with the European Asylum Support Office (EASO); callprovide immediate assistance and secure basic living conditions to all the migrants and refugees oin the EU to step up its support to BiH’s authorities, namely with regard to operational assistancetemporary reception centres;
2021/02/15
Committee: AFET
Amendment 288 #

2019/2171(INI)

Motion for a resolution
Paragraph 19 a (new)
19a. Insists that it has to be ensured that humanitarian operations can reach migrants and refugees with humanitarian assistance;
2021/02/15
Committee: AFET
Amendment 289 #

2019/2171(INI)

Motion for a resolution
Paragraph 19 b (new)
19b. calls for equitable burden-sharing and adequate support for local communities hosting temporary reception centres; stresses the need to ensure appropriate reception conditions and to boost capacity for processing incoming migrants and asylum-seekers; urges BiH to conclude an agreement with the European Asylum Support Office (EASO); calls on the EU to step up its support to BiH’s authorities, namely with regard to operational assistance;
2021/02/15
Committee: AFET
Amendment 291 #

2019/2171(INI)

Motion for a resolution
Paragraph 19 c (new)
19c. calls on the EU to investigate and report on the financial assistance given to BiH authorities and international organizations in BiH for handling the migrant situation in order to ensure transparency and increase the credibility of the EU; calls on a prompt assessment of the EU financial assistance, both by DG ECHO and under IPA, given to BiH authorities and international organizations in BiH for handling the migrant situation in order to ensure transparency;
2021/02/15
Committee: AFET
Amendment 292 #

2019/2171(INI)

Motion for a resolution
Paragraph 19 d (new)
19d. Calls on the BiH authorities to improve the efficiency of the asylum system;
2021/02/15
Committee: AFET
Amendment 293 #

2019/2171(INI)

Motion for a resolution
Paragraph 19 e (new)
19e. Calls on the EU and the BiH’s authorities to work on long term sustainable solutions for people in transit in BiH;
2021/02/15
Committee: AFET
Amendment 294 #

2019/2171(INI)

Motion for a resolution
Paragraph 19 f (new)
19f. Expresses great concern regarding the number of unaccompanied or separated children among refugees and migrants left without access to adequate accommodation and child protection services; calls for effectively facilitating fast-track asylum applications from vulnerable children and families and to recognise them as a priority group in any of the national health, education and protection strategies;
2021/02/15
Committee: AFET
Amendment 295 #

2019/2171(INI)

Motion for a resolution
Paragraph 19 g (new)
19g. Expresses concern for BiH’s increasing cooperation with neighbouring countries in terms of migration policies, inter alia resulting in violent pushbacks in violation of international treaties BiH is a party to, and abuse of migrants at the country’s borders; calls on the EU and EU member states to stop illegal pushbacks notably by Croatian authorities which make the crisis in border areas even bigger; calls in this regard for the establishment of an EU-wide mechanism that shall include in its investigation reports or testimonies of victims of border violence, allowing for the independent investigation of alleged violations of European law at the borders to put an end to the fundamental and human rights violations;
2021/02/15
Committee: AFET
Amendment 296 #

2019/2171(INI)

Motion for a resolution
Paragraph 19 h (new)
19h. Calls for safe and legal pathways for refugees and migrants into the EU and for an EU migration and asylum policy based on solidarity amongst the Member States;
2021/02/15
Committee: AFET
Amendment 299 #

2019/2171(INI)

Motion for a resolution
Paragraph 20
20. Urges BiH to step up its efforts against cross-border crime, especially human traffickingto fight against drug and human smugglers, and to ensure swift conclusion of the status agreement with the European Border and Coast Guard Agency (Frontex) that wshould aim at facilitateing a better protection of borders inand humane border approach fully respect foring fundamental rights, while helping fight cross-border crime;
2021/02/15
Committee: AFET
Amendment 304 #

2019/2171(INI)

Motion for a resolution
Paragraph 20 a (new)
20a. Calls for the resignation of the Executive Director of FRONTEX, in view of the alleged involvement of the Agency in violations of fundamental rights; demands a parliamentary inquiry to investigate FRONTEX’ alleged illegal practices;
2021/02/15
Committee: AFET
Amendment 312 #

2019/2171(INI)

Motion for a resolution
Paragraph 21
21. Calls for a timely co-ordinated, strategic, transparent and publicly accessible countrywide response to the ongoing health emergency and post- pandemic recovery measures; recalls COVID-related EU support to address the acute situation in the country; calls on the European Commission and the Member States to allocate a sufficient number of COVID-19 vaccines to , taking into account the different impact of the crisis on different genders, that must reach all individuals affected by the crisis; recalls COVID-related EU support to address the acute situation in the country needs to address the specific needs of women and of minority and vulnerable groups; calls on the European Commission and the Member States to allocate a sufficient number of COVID-19 vaccines to the Western Balkan countries and support their vaccination preparedness; welcomes in this respect the package that will allow BiH and other Western Balkan countries partners to finally benefit from the EU Advance Purchase Agreements; underlines that the much needed COVID-19 mitigation measures should not lead to further marginalization or stigmatization of vulnerable groups, including refugees and migrants;
2021/02/15
Committee: AFET
Amendment 318 #

2019/2171(INI)

Motion for a resolution
Paragraph 21
21. Calls for a co-ordinated, strategic countrywide response to the ongoing health emergency and post-pandemic recovery measures in full respect of the principle of non discrimination; recalls COVID-related EU support to address the acute situation in the country; calls on the European Commission and the Member States to allocate a sufficient number of COVID-19 vaccines to the Western Balkan countries;
2021/02/15
Committee: AFET
Amendment 322 #

2019/2171(INI)

Motion for a resolution
Paragraph 21 a (new)
21a. Condemns the authorities’ poor management of the covid-19 crisis, including selective enforcement of the ban on assemblies - resulting in the ban of the route of 2020 Sarajevo Pride march -, curtailment of freedom of expression by excluding the media from press conferences, public procurement irregularities and by not offering solutions to meet the needs of refugees, asylum seekers and migrants;
2021/02/15
Committee: AFET
Amendment 323 #

2019/2171(INI)

Motion for a resolution
Paragraph 21 a (new)
21a. Stresses the need for the Bosnian authorities to find a better balance between fundamental rights and freedoms and necessary restrictions due to the pandemic; regrets the selective enforcement of the ban on assemblies, which resulted in the ban of the route of the 2020 Sarajevo Pride march;
2021/02/15
Committee: AFET
Amendment 332 #

2019/2171(INI)

Motion for a resolution
Paragraph 23
23. Calls on BiH to step up active labour market measures aimed at reducing long-term andunemployment, including youth unemployment, contributing to the most acute brain drain in the region by investing more in the education sector – from pre- school to higher education - in order to achieve better and equal opportunities for all including vulnerable groups; recalls BiH commitment to increase the employment rate of Roma people;
2021/02/15
Committee: AFET
Amendment 338 #

2019/2171(INI)

Motion for a resolution
Paragraph 23 a (new)
23a. Recalls that the unemployment of women, who make up 60 % of the working age inactive persons, is of particular concern;
2021/02/15
Committee: AFET
Amendment 339 #

2019/2171(INI)

Motion for a resolution
Paragraph 23 a (new)
23a. Welcomes the continued participation of BiH in the Erasmus+, Creative Europe and Europe for Citizens Programmes; stresses that educational and cultural exchanges and joint projects are an essential part of bringing the citizens of BiH and of the EU closer;
2021/02/15
Committee: AFET
Amendment 340 #

2019/2171(INI)

Motion for a resolution
Paragraph 23 b (new)
23b. Calls on the authorities to harmonise the legislation on maternity and paternity leave across entities and cantons;
2021/02/15
Committee: AFET
Amendment 341 #

2019/2171(INI)

Motion for a resolution
Paragraph 23 c (new)
23c. Urges the authorities to develop effective measures to prevent gender- based discrimination and sexual harassment in the workplace;
2021/02/15
Committee: AFET
Amendment 342 #

2019/2171(INI)

Motion for a resolution
Paragraph 23 d (new)
23d. Underlines that social cohesion is an essential element of a sustainable and united future for BiH; therefore stresses the importance for the EU to support the strengthening of the welfare system of BiH, so as to boost a policy of social justice, of reduction of social inequalities, which will contribute to strengthening social cohesion; regrets that serious challenges remain to be addressed as regards to poverty reduction and calls for access to public health coverage for all; recalls that BiH is a signatory to all ILO fundamental and governance Conventions and as such calls for enhanced social dialogue and social protection;
2021/02/15
Committee: AFET
Amendment 343 #

2019/2171(INI)

Motion for a resolution
Paragraph 24
24. Urges the authorities to prioritise measures aimed at boosting economic diversification, digitalisation and tackling the informal economy, while developing effective and transparent mechanisms for energy market, transport infrastructure, sustainable tourism and support for SMEs; calls on the authorities to foster the social-economic dialogue among social partners on all socio-economic matters;
2021/02/15
Committee: AFET
Amendment 359 #

2019/2171(INI)

Motion for a resolution
Paragraph 25
25. Recommends focusing on sustainable and inclusive growth- enhancing public investment and infrastructure projects, making full use of the Economic and Investment Plan for the Western Balkans; which can contribute to facilitating a social development and long-term recovery following the pandemic; stresses however the need to ensure that EU funds contain both incentives and conditionality and shall effectively contribute to protecting and strengthening democracy, good governance, the rule of law and fundamental rights for all people in BiH;
2021/02/15
Committee: AFET
Amendment 364 #

2019/2171(INI)

Motion for a resolution
Paragraph 25 a (new)
25a. Notes the extension of the trade preferences for the Western Balkans for five more years, thereby contributing to their sustained economic development; underlines that BiH consequently needs to engage in effective economic reforms and regional cooperation;
2021/02/15
Committee: AFET
Amendment 368 #

2019/2171(INI)

Motion for a resolution
Paragraph 26
26. Urges BiH’s authorities to ensure alignment with EU standards and policy objectives on climate protection and energy, facilitating the green and digital transition, and calls for the prioritisation of measures reducing ecological degradation and environmental risks to health by banning the building of small hydropower plants, combating illegal construction, and increasing inspection oversight on ecological issues; welcomes the adoption of the Green Agenda for the Western Balkans, which shall incentivize the transition to a circular economy and the adoption of the necessary measures to preserve and protect environmentally sensitive areas;
2021/02/15
Committee: AFET
Amendment 399 #

2019/2171(INI)

Motion for a resolution
Paragraph 28
28. Welcomes the continued presence of EUFOR’s Operation Althea in the country and the extension of EUFOR’s mandate until November 2021; commends that BiH contributes troops to EU CSDP training missions; welcomes the signature of a joint roadmap for action on the G7 partnership for Women, Peace and Security;
2021/02/15
Committee: AFET
Amendment 405 #

2019/2171(INI)

Motion for a resolution
Paragraph 30
30. Reaffirms its position that government and civil society representatives of the Western Balkan countries should be engaged in the Conference on the Future of Europe;
2021/02/15
Committee: AFET
Amendment 22 #

2019/2170(INI)

Motion for a resolution
Recital A a (new)
Aa. whereas the rule of law is a key benchmark for assessing the progress towards the EU accession;
2020/12/22
Committee: AFET
Amendment 32 #

2019/2170(INI)

Motion for a resolution
Recital D b (new)
Db. whereas the ongoing pandemic has clearly demonstrated that the EU and the Western Balkans must continue tackling common challenges together;
2020/12/22
Committee: AFET
Amendment 33 #

2019/2170(INI)

Motion for a resolution
Recital D c (new)
Dc. whereas the country has to recover from the widespread damage caused by the 26 November 2019 earthquake and the COVID-19 pandemic; boost preparedness for civil protection and disaster response and advance preparations for joining the Union Civil Protection Mechanism;
2020/12/22
Committee: AFET
Amendment 34 #

2019/2170(INI)

Motion for a resolution
Recital D c (new)
Dc. whereas the EU has mobilised grants worth €115 million for the post- earthquake rehabilitation and reconstruction within the €400 million European support pledge;
2020/12/22
Committee: AFET
Amendment 36 #

2019/2170(INI)

Motion for a resolution
Recital D d (new)
Dd. whereas the EU mobilised €51million to assist Albania in tackling COVID-19 and made available up to €180 million in macro-financial assistance;
2020/12/22
Committee: AFET
Amendment 39 #

2019/2170(INI)

Motion for a resolution
Recital D e (new)
De. whereas the EU is Albania’s biggest trading partner and the largest donor, and the country has benefited from €1.25 billion in EU pre-accession funding since 2007;
2020/12/22
Committee: AFET
Amendment 41 #

2019/2170(INI)

Motion for a resolution
Recital D g (new)
Dg. whereas the Economic and Investment Plan for the Western Balkans will facilitate a long-term recovery, following the COVID-19 pandemic, supporting the economic development and reforms in the region;
2020/12/22
Committee: AFET
Amendment 43 #

2019/2170(INI)

Motion for a resolution
Recital D h (new)
Dh. whereas Albanian citizens enjoy visa-free travel to the Schengen area since December 2010;
2020/12/22
Committee: AFET
Amendment 44 #

2019/2170(INI)

Motion for a resolution
Recital D i (new)
Di. whereas since 2015 Albanian citizens participate in student, academic and youth exchanges under Erasmus+;
2020/12/22
Committee: AFET
Amendment 45 #

2019/2170(INI)

Motion for a resolution
Recital D j (new)
Dj. whereas the EU remains fully committed to supporting Albania’s strategic choice for European integration, based on the rule of law and good neighbourly relations;
2020/12/22
Committee: AFET
Amendment 46 #

2019/2170(INI)

Motion for a resolution
Recital D k (new)
Dk. whereas Albania remains a trustworthy foreign policy partner, advancing regional cooperation and good neighbourly relations;
2020/12/22
Committee: AFET
Amendment 69 #

2019/2170(INI)

Motion for a resolution
Paragraph 4 a (new)
4a. Considers the appointment of the Chief Negotiator and the negotiating team, along with the adoption of the action plan to address the conditions and priorities set by Council’s conclusions of March 2020, to be a sign of a clear political commitment to advance the EU integration process;
2020/12/22
Committee: AFET
Amendment 73 #

2019/2170(INI)

Motion for a resolution
Paragraph 5
5. Encourages political leaders to create a climate of confidence by increasing transparency and overcoming the lack of dialogue and expresses its serious concern about the polarised political climate and lack of sustainable cross-party cooperation that continue to hamper the democratic process;
2020/12/22
Committee: AFET
Amendment 75 #

2019/2170(INI)

Motion for a resolution
Paragraph 6 a (new)
6a. Calls on public institutions to be proactive and make information publicly and timely available to civil society, media and the general public, particularly when related to issues of high public interest;
2020/12/22
Committee: AFET
Amendment 94 #

2019/2170(INI)

Motion for a resolution
Paragraph 8 a (new)
8a. Stresses the importance of ensuring that preparations for the 2021 parliamentary elections take place in a transparent and inclusive manner;
2020/12/22
Committee: AFET
Amendment 95 #

2019/2170(INI)

Motion for a resolution
Paragraph 8 b (new)
8b. Notes that all political forces, state bodies, civil society and the media have a joint duty to ensure a transparent, credible and objective election campaign, free from disinformation, intimidation and false accusations;
2020/12/22
Committee: AFET
Amendment 97 #

2019/2170(INI)

Motion for a resolution
Paragraph 9 a (new)
9a. Urges Albania to improve intra- governmental co-ordination, decentralisation under the territorial administrative reform, to advance public consultations at local level and advance with public administration reform;
2020/12/22
Committee: AFET
Amendment 101 #

2019/2170(INI)

Motion for a resolution
Paragraph 10 a (new)
10a. Recalls the paramount importance of safeguarding the rule of law through implementation of judicial overhaul and a steady and consistent prosecution of high- level corruption;
2020/12/22
Committee: AFET
Amendment 105 #

2019/2170(INI)

Motion for a resolution
Paragraph 11
11. Encourages Albania to complete the relevant steps towards re-establishing the Constitutional Court’s ability to function fully and efficiently, as well as to make sure the Appeals Court does not stop operating and urges all involved to swiftly conclude the appointment process;
2020/12/22
Committee: AFET
Amendment 112 #

2019/2170(INI)

Motion for a resolution
Paragraph 12
12. Welcomes the fact that the High Court has regained its ability to function and that it has been reviewing more than a thousand cases, and encourages it to make further progress in the appointment of additional judges and to develop a plan to recover its backlog;
2020/12/22
Committee: AFET
Amendment 119 #

2019/2170(INI)

Motion for a resolution
Paragraph 14 a (new)
14a. Recalls the need to improve transparency and control of political party funding under the amended Law on Political Party Financing;
2020/12/22
Committee: AFET
Amendment 122 #

2019/2170(INI)

Motion for a resolution
Paragraph 14 b (new)
14b. Notes the importance of effectively implement the recommendations of the Albanian Supreme State Audit Institution;
2020/12/22
Committee: AFET
Amendment 133 #

2019/2170(INI)

Motion for a resolution
Paragraph 18
18. Expresses its support for inclusive policies and calls for progress to be made in adopting measures to effectively protect the fundamental freedoms and rights of all citizens, with a special focus on women, children, persons with disabilities, ethnic minorities and LGBTQI+ persons;
2020/12/22
Committee: AFET
Amendment 135 #

2019/2170(INI)

Motion for a resolution
Paragraph 18 a (new)
18a. Notes that the National Action Plan for LGBTI Issues 2016-2020 has expired; Calls on the government to develop the new action plan in a transparent and inclusive process in consultation with civil society and ensure appropriate resources are assigned for its implementation;
2020/12/22
Committee: AFET
Amendment 140 #

2019/2170(INI)

Motion for a resolution
Paragraph 20 a (new)
20a. Welcomes the decision to eliminate the unacceptable "conversion therapy", strengthening the right to gender identity and gender expression;
2020/12/22
Committee: AFET
Amendment 146 #

2019/2170(INI)

Motion for a resolution
Paragraph 22
22. Calls for the creation of an effective mechanism for the prevention of gender- based and domestic violence and harassment, exacerbated by the COVID- 19 pandemic, and for protection and support to be given to its victims, combined with the effective and efficient prosecution of its perpetrators;
2020/12/22
Committee: AFET
Amendment 150 #

2019/2170(INI)

Motion for a resolution
Paragraph 23
23. Reminds Albania of its calls for further improvements to be made in the education and health, and the employment rates and living conditions of Roma and other ethnic minorities; welcomes the 2019 Poznan Declaration on Roma Integration within the EU Enlargement Process, urges the authorities to advance Roma integration policies in line with the EU Roma strategic framework;
2020/12/22
Committee: AFET
Amendment 152 #

2019/2170(INI)

Motion for a resolution
Paragraph 23
23. Reminds Albania of its calls forto ensure non-discriminatory access to public services and further improvements to be made in the education and health, and the employment rates and living conditions of Roma and other ethnic minorities;
2020/12/22
Committee: AFET
Amendment 153 #

2019/2170(INI)

Motion for a resolution
Paragraph 23
23. Reminds Albania of its calls for further improvements to be made in the education and health, and the employment rates and living conditions of Roma, Egyptians and other ethnic minorities;
2020/12/22
Committee: AFET
Amendment 159 #

2019/2170(INI)

Motion for a resolution
Paragraph 24
24. Recalls the importance of measures ensuring the protection of national minorities, including self-identification, the use of languages and property rights; Welcomes in this context the adoption of the law on the population census;
2020/12/22
Committee: AFET
Amendment 163 #

2019/2170(INI)

Motion for a resolution
Paragraph 25
25. Encourages Albania to make further progress on measures consolidating property registration, restitution and compensation rights, implementing the law on transitional ownership, and completing the comprehensive land sector reform;
2020/12/22
Committee: AFET
Amendment 166 #

2019/2170(INI)

Motion for a resolution
Paragraph 26
26. Welcomes Albania’s efforts in promoting tolerance, inter-religious harmony and addressing prejudice and discrimination, including antisemitism, as affirmed by the parliamentary approval of the International Holocaust Remembrance Alliance’s definition of anti-Semitism;
2020/12/22
Committee: AFET
Amendment 169 #

2019/2170(INI)

Motion for a resolution
Paragraph 26 a (new)
26a. Calls on the authorities to ensure that the right to peaceful assembly is respected, and during state of emergency or state of natural disaster the restrictions to public gatherings are applied fairly;
2020/12/22
Committee: AFET
Amendment 172 #

2019/2170(INI)

Motion for a resolution
Paragraph 27
27. Recalls the authorities’ obligation to ensure due process for asylum seekers in compliance with Albania’s international obligations, and to properly address the needs of refugees, asylum seekers and migrants, while increasing preparedness for potential increases in migratory flows; calls for increased capacities to process asylum requests and investigations into the reported cases of breaches of the return procedures;
2020/12/22
Committee: AFET
Amendment 177 #

2019/2170(INI)

Motion for a resolution
Paragraph 28
28. Stresses that border protection and the prevention of cross-border crime, including in cooperation with the European Border and Coast Guard Agency (Frontex), must be conducted in full respect for fundamental rights, enshrined in applicable international and regional laws and principles;
2020/12/22
Committee: AFET
Amendment 180 #

2019/2170(INI)

Motion for a resolution
Paragraph 29
29. Welcomes the ongoing efforts being made and urges the authorities to take a robust approach in preventing, investigating, prosecuting and punishing human trafficking and the exploitation of its victims, who include children and other vulnerable groups, to increase reintegration services and ensure witness protection;
2020/12/22
Committee: AFET
Amendment 184 #

2019/2170(INI)

Motion for a resolution
Paragraph 30
30. Welcomes the ongoing measures and calls for further progress to be made in considerably reducing the number of unfounded asylum claims by Albanian nationals, including the arrivals of unaccompanied minors, in the EU Member States; notes that Albania continues to fulfil visa liberalisation benchmarks;
2020/12/22
Committee: AFET
Amendment 185 #

2019/2170(INI)

Motion for a resolution
Paragraph 30 a (new)
30a. Notes the importance of addressing allegations of police misconduct and to eradicate ill-treatment of suspects and prisoners;
2020/12/22
Committee: AFET
Amendment 187 #

2019/2170(INI)

Motion for a resolution
Paragraph 31
31. Underlines the need to improve the climate for the functioning of civil society and urges the authorities to ensure meaningful, timely and representative consultations, and to enhance throughout the decision- making at different governance levels and to enhance the legal and fiscal framework, improving the financial sustainability of the non-governmental sector;
2020/12/22
Committee: AFET
Amendment 189 #

2019/2170(INI)

Motion for a resolution
Paragraph 31 a (new)
31a. Stresses the importance of consultation and participation of civil society organizations on the regular function of society; Notes that this involvement is of paramount importance to the participation of citizens in the life of the country;
2020/12/22
Committee: AFET
Amendment 190 #

2019/2170(INI)

Motion for a resolution
Paragraph 33
33. Recalls the importance of ensuring quality journalism and media literacy for the functioning of democracy and in tackling disinformation, hate speech and fake-news; stresses the importance of increasing the levels of media literacy in Albania;
2020/12/22
Committee: AFET
Amendment 193 #

2019/2170(INI)

Motion for a resolution
Paragraph 33 a (new)
33a. Underlines the need to strengthen self-regulation, ethics, independence, impartiality, financial sustainability and reporting quality of public and private media outlets and to enhance transparency of the media ownership, funding and public advertising; notes the need to improve labour and social conditions of the media professionals in order to ensure quality journalism;
2020/12/22
Committee: AFET
Amendment 198 #

2019/2170(INI)

Motion for a resolution
Paragraph 35
35. Expresses grave concern about the proposed measures under the draft media law and welcomes the commitment to adopt amendments only if they are publicly shared in a consultation process with civil society, journalists and media organisations and assessed as being fully in line with the Venice Commission’s recommendations;
2020/12/22
Committee: AFET
Amendment 205 #

2019/2170(INI)

Motion for a resolution
Paragraph 36
36. Encourages the Albanian Government to prioritise measures aimed at mitigating the socio-economic impact of the COVID-19 pandemic, with particular consideration for marginalised and vulnerable groups such as Roma, Egyptians and the LGBTQI+ community, while taking further steps to enhance the representativeness of the social dialogue and to tackle the widespread informal economy;
2020/12/22
Committee: AFET
Amendment 206 #

2019/2170(INI)

Motion for a resolution
Paragraph 36
36. Encourages the Albanian Government to prioritise measures aimed at mitigating the socio-economic impact of the COVID-19 pandemic, while taking further steps to improve diversification, competitiveness, and digitalisation, enhance the representativeness of the social dialogue and to tackle the widespread informal economy;
2020/12/22
Committee: AFET
Amendment 209 #

2019/2170(INI)

Motion for a resolution
Paragraph 37
37. Stresses the need to substantially strengthen social care coverage and improve access to social and healthcare services in order to reduce the risk of poverty and social exclusion;
2020/12/22
Committee: AFET
Amendment 212 #

2019/2170(INI)

Motion for a resolution
Paragraph 38
38. Calls for the measures addressing the demographic decline and the brain drain to be stepped up through active labour market policies that address skills mismatches and reduce long-term unemployment, as well as by addressing problems relating to housing and access to education;
2020/12/22
Committee: AFET
Amendment 213 #

2019/2170(INI)

Motion for a resolution
Paragraph 38
38. Calls for the measures addressing the demographic decline and the brain drain to be stepped up through active labour market policies that address skills mismatches and reduce long-term unemployment, particularly among the youth and the most excluded/marginalised groups;
2020/12/22
Committee: AFET
Amendment 216 #

2019/2170(INI)

Motion for a resolution
Paragraph 39
39. Welcomes the positive trends in women’s participation in politics, and calls for additional steps to address thegender imbalances, gender pay gap and workplace discrimination;
2020/12/22
Committee: AFET
Amendment 217 #

2019/2170(INI)

Motion for a resolution
Paragraph 40 a (new)
40a. Recalls that sustainable growth depends on eradication of endemic corruption, improved transparency, legal certainty and efficiency, fair competition and reduction of bureaucracy;
2020/12/22
Committee: AFET
Amendment 218 #

2019/2170(INI)

Motion for a resolution
Paragraph 40 b (new)
40b. Calls for adequate co-financing and further improvements in transparency and visibility of the EU funding;
2020/12/22
Committee: AFET
Amendment 220 #

2019/2170(INI)

Motion for a resolution
Paragraph 40 b (new)
40b. Stresses that the EU Investment Plan for the Western Balkans should play an important role on the fight against the demographic decline and the brain drain, developing tools to address this problem;
2020/12/22
Committee: AFET
Amendment 223 #

2019/2170(INI)

Motion for a resolution
Paragraph 41 b (new)
41b. Underlines that planning and construction of eco-sensitive projects, including hydropower, industrial and tourist sites, must be conducted under a broad country-wide stakeholder consultation with the civil society and local communities and must comply with international and EU norms on impact assessments and environmental protection;
2020/12/22
Committee: AFET
Amendment 228 #

2019/2170(INI)

Motion for a resolution
Paragraph 42
42. Encourages the diversification of energy production, moving from hydropower towards wind and solar sources; urges the authorities to minimise the impact on biodiversity by restricting hydropower development in protected areas, in particular the Valbona and Vjosa rivers; underlines the need to improve both environmental and impact assessments and strategic environmental assessment across eco-sensitive sectors and boost the prosecution of environmental crimes; highlights that new renewable energy sources should be supported in a cost- efficient manner;
2020/12/22
Committee: AFET
Amendment 229 #

2019/2170(INI)

Motion for a resolution
Paragraph 42 a (new)
42a. Recalls the need to overhaul the Fierza Hydro Power Plant and construct the Skavica Hydro Power Plant;
2020/12/22
Committee: AFET
Amendment 233 #

2019/2170(INI)

Motion for a resolution
Paragraph 42 a (new)
42a. Invites the country to make its power exchange operational and to continue the progress of market opening, unbundling of distribution system operators and market coupling in electricity;
2020/12/22
Committee: AFET
Amendment 234 #

2019/2170(INI)

Motion for a resolution
Paragraph 43
43. Urges the authorities to ensure full compliance with the Energy Community Treaty; underlines the contribution of the newly launched trans-Adriatic pipeline, and upcoming connection of the converted Vlora thermal plant, to regional energy security;
2020/12/22
Committee: AFET
Amendment 238 #

2019/2170(INI)

Motion for a resolution
Paragraph 43 a (new)
43a. Invites the authorities to adopt without delay the draft Climate Change Law and the law and decision on a mechanism for monitoring and reporting of greenhouse gas emissions; requests the accelerated finalization of the draft integrated National Energy and Climate Plan for review by the Energy Community Secretariat;
2020/12/22
Committee: AFET
Amendment 240 #

2019/2170(INI)

Motion for a resolution
Paragraph 43 b (new)
43b. Stresses the need to put in place an appropriate carbon price as a means for effective decarbonisation in line with the European Green Deal and the political commitments made in the Sofia Declaration of 2020;
2020/12/22
Committee: AFET
Amendment 241 #

2019/2170(INI)

Motion for a resolution
Paragraph 44
44. Calls for continuing progress in strengthening strategic transport networks in line with the trans-European transport network (TEN-T) regulatory framework and advance work on the Albanian sections of the “Blue Highway“;
2020/12/22
Committee: AFET
Amendment 242 #

2019/2170(INI)

Motion for a resolution
Paragraph 44 a (new)
44a. Recalls the need to complete the railway sector reforms and advance the Tirana-Podgorica-Durrës rail connection;
2020/12/22
Committee: AFET
Amendment 243 #

2019/2170(INI)

Motion for a resolution
Paragraph 44 a (new)
44a. Recalls the need to complete the electricity market reform and put in place Bitola-Elbasan electricity interconnector with North Macedonia;
2020/12/22
Committee: AFET
Amendment 245 #

2019/2170(INI)

Motion for a resolution
Paragraph 44 a (new)
44a. Recalls the need to prioritise setting up of an integrated regional waste management system, promote recycling, close hazardous dumpsites, address deforestation, step-up water quality monitoring and wastewater treatment capacities and strengthen the capacities of the agencies on environment and protected areas;
2020/12/22
Committee: AFET
Amendment 257 #

2019/2170(INI)

Motion for a resolution
Paragraph 47 a (new)
47a. Recalls that regional cooperation should be underpinned by respect for fundamental European values and a common future in the EU;
2020/12/22
Committee: AFET
Amendment 258 #

2019/2170(INI)

Motion for a resolution
Paragraph 48 a (new)
48a. Calls upon all political leaders to take urgent steps to set up the Regional Commission tasked with establishing the facts about all victims of war crimes and other serious human rights violations committed on the territory of the former Yugoslavia (RECOM), building upon the significant work carried out by the Coalition for RECOM;
2020/12/22
Committee: AFET
Amendment 263 #

2019/2170(INI)

Motion for a resolution
Paragraph 49
49. Welcomes Albania’s ongoing full alignment with the common foreign and security policy decisions and declarations since 2012 and its active contribution to the EU crisis management missions and operations; urges Albania to comply with the EU position on the jurisdiction of the International Criminal Court;
2020/12/22
Committee: AFET
Amendment 12 #

2019/2167(INI)

Draft opinion
Paragraph 1
1. Calls on the EEAS, the Commission and the EU Member States to systematically integrate gender mainstreaming and an intersectional perspective into the EU’s foreign and security policy; and to make gender equality an explicit goal of the EU external action; calls for the experiences of women and girls facing multiple and intersecting forms of discrimination and marginalization - based on their age, gender, ethnicity, religion, socio- economic and legal status, ability, sexual orientation and gender identity - to be put at the heart of policy-making, and draw on their unique and diverse experiences;
2020/05/11
Committee: AFET
Amendment 25 #

2019/2167(INI)

Draft opinion
Paragraph 2
2. Calls on the VP/HR to make substantial and highly visible progress on gender equality in terms of leadership and management, staffing, training, financial resources and organisational hierarchy; calls in this regard for mandatory training on gender equality; calls for better gender balancing when it comes to the EU external representation, in particular calls for gender equality to be taken into consideration for the nomination of future Heads of EU Delegations and EU Special Representatives;
2020/05/11
Committee: AFET
Amendment 34 #

2019/2167(INI)

Draft opinion
Paragraph 2 a (new)
2a. Calls for the annual budgetary procedures applied for the upcoming MFF, including external financing through and the Neighbourhood, Development, and International Cooperation Instrument (NDICI) and Instrument for Pre-Accession (IPA) III to integrate a gender-responsive perspective; calls for gender-responsive budgeting and obligatory requirements for gender impact assessments in the NDICI and IPA III regulations, as part of a general ex-ante conditionality to inform programming, in accordance with European Institute for Gender Equality (EIGE) guidance, the EU Gender Action Plan and OECD DAC criteria requirements;
2020/05/11
Committee: AFET
Amendment 49 #

2019/2167(INI)

Draft opinion
Paragraph 3
3. Calls on the VP/HR to ensure that the Heads of EU Delegations abroad have a formal responsibility to ensure that gender equality is mainstreamed throughout all aspects of the Delegation’s work and that gender equality issues are regularly raised in political dialogues with government counterparts, and are required to report on it; further calls on the VP/HR to ensure that there is one full-time gender focal pointadvisor in the EU Delegations;
2020/05/11
Committee: AFET
Amendment 59 #

2019/2167(INI)

Draft opinion
Paragraph 4
4. Regrets that not a single one of the 12 civilian CSDP missions is headed by a woman; calls on the VP/HR to draw up a gender equality strategy for CSDP missions with specific targets, for both leadership and personnel;
2020/05/11
Committee: AFET
Amendment 76 #

2019/2167(INI)

Draft opinion
Paragraph 5
5. Stresses that developing and using gender analysis and the systematic integration of a gender perspective constitutes one of the foundations of effective and lasting conflict prevention and resolution; stresses for the recognition of the significant role women and girls play in achieving sustainable peace; calls for the safe, meaningful and inclusive participation of women and girls from the grassroots level to peacebuilding, post- conflict reconstruction, governance and institution building actions;
2020/05/11
Committee: AFET
Amendment 84 #

2019/2167(INI)

Draft opinion
Paragraph 5 a (new)
5a. Calls on Member States to be fully compliant with the Common Position on Arms Exports, specifically calls on Member States to take into account the risk of exported materials being used for, or facilitating, gender-based violence or violence against women or children; emphasises that a gender-sensitive approach means a human centred security approach, aiming at improving securities of women, including economic, social and health security;
2020/05/11
Committee: AFET
Amendment 87 #

2019/2167(INI)

Draft opinion
Paragraph 5 b (new)
5b. Calls on the eradication of female genital mutilation and the eradication of gender-based violence to be systematically addressed in the EU political dialogues with third countries; stresses that gender- based violence against women and girls must keep being a political priority for the EU in its external action; urges the EU to exercise all possible leverage for the perpetrators of mass rapes in warfare to be reported, identified, prosecuted and punished in accordance with international criminal law;
2020/05/11
Committee: AFET
Amendment 89 #

2019/2167(INI)

Draft opinion
Paragraph 5 c (new)
5c. Regrets that no explicit reference to gender equality and women’s rights is made in the European Commission’s joint communication on an EU Action Plan on Human Rights and Democracy 2020- 2024; calls for the revision and update of the EU Guidelines on violence against women and girls and combatting all forms of discrimination against them;
2020/05/11
Committee: AFET
Amendment 92 #

2019/2167(INI)

Draft opinion
Paragraph 5 d (new)
5d. Calls on the EU to put the ratification of the Istanbul Convention high on the agenda of its Political Dialogue with the Council of Europe (CoE) partner countries; welcomes the invitation from the Committee of Ministers of the CoE to Kazakhstan and Tunisia to accede to the Convention as the first non-member states, encouraging other countries to express their interest to accede too;
2020/05/11
Committee: AFET
Amendment 106 #

2019/2167(INI)

Draft opinion
Paragraph 7 a (new)
7a. Stresses that the EU needs to take decisive action to counter the global backlash against women’s rights and gender equality; calls on all external funds and programmes to have a significant share earmarked for gender equality purposes; calls in particular for financial support to female human rights defenders and to women’s civil society organisations, especially for capacity- building actions;
2020/05/11
Committee: AFET
Amendment 107 #

2019/2167(INI)

Draft opinion
Paragraph 7 b (new)
7b. Acknowledges the key role of civil society organisations and in particular women’s rights organisations and women human rights defenders in supporting the implementation of the EU Gender Action Plan and the EU Strategic Approach to Women Peace and Security and its Action Plan; calls on the European Commission to strengthen the involvement of civil society organisations in the formulation of the third Gender Action Plan and in its implementation in partner countries;
2020/05/11
Committee: AFET
Amendment 111 #

2019/2167(INI)

Draft opinion
Paragraph 8
8. Urges the VP/HR and the EU Member States to include references to UNSC resolution 1325 and follow-up resolutions in CSDP-related Council decisions and mission mandates, and to make sure that all CSDP missions and operations have an annual action plan on how to implement the objectives of GAP III and the EU Action Plan on WPS; calls for gender analysis to be put in place for new CSDP instruments, including the European Defence Fund and the proposed European Peace Facility;
2020/05/11
Committee: AFET
Amendment 116 #

2019/2167(INI)

Draft opinion
Paragraph 8 a (new)
8a. Calls for specific earmarked funding on gender equality in the framework of the proposed NDICI regulation and the IPA III regulation, and for reduced administrative constraints to allow access to funding for local and small CSOs and especially WCSOs;
2020/05/11
Committee: AFET
Amendment 136 #

2019/2167(INI)

Draft opinion
Paragraph 9 a (new)
9a. Calls on the European Commission and the EEAS to use the accession negotiations as a leverage to foster gender equality in the candidate countries;
2020/05/11
Committee: AFET
Amendment 140 #

2019/2167(INI)

Draft opinion
Paragraph 9 b (new)
9b. Calls on the Commission, the Council and the EEAS that its development cooperation policy and humanitarian aid action supports women’s economic empowerment and women and girls’ rights in partner countries; calls for the improvement of the reporting of EU funding for gender equality allocated and disbursed in partner countries through the EU GAP III;
2020/05/11
Committee: AFET
Amendment 145 #

2019/2167(INI)

Draft opinion
Paragraph 9 c (new)
9c. Calls on particular attention to be paid to the situation of women and girls on the move, on migration routes or camps, specifically calls for their access to WASH, SRHR and maternal health;
2020/05/11
Committee: AFET
Amendment 146 #

2019/2167(INI)

Draft opinion
Paragraph 9 d (new)
9d. Calls on the Commission, the Council and the EEAS to promote and support the inclusion of a specific gender chapter in all EU trade and investment agreements, and to ensure that it specifically foresees the commitment to promote gender equality and women empowerment; calls as well for provisions to be included in these trade agreements ensuring that their institutional structures guarantee periodical compliance reviews, substantial discussions and the exchange of information and best practices on gender equality and trade, through among others, the inclusion of women and experts on gender equality at all levels of the administrations concerned, including trade negotiating teams, joint committees, expert groups, domestic advisory groups, joint consultative committees and dispute settlement bodies;
2020/05/11
Committee: AFET