1308 Amendments of Elena KOUNTOURA
Amendment 18 #
2023/0266(COD)
Proposal for a regulation
Recital 1
Recital 1
(1) Supporting efforts towards better sustainability and efficiency of the Union transport system is prerequisite to maintain a stable path towards climate-neutrality by 2050 at the latest, at the same time taking due account of the need to preserve continuous growth andensure a just and inclusive transition, pursue growth within planetary boundaries and strengthen the competitiveness of the European industry.
Amendment 19 #
2023/0266(COD)
Proposal for a regulation
Recital 2
Recital 2
(2) Greenhouse gas emissions accounting is used in various economic sectors – including transport – to quantify greenhouse gas emissions data from specific activities of businesses and individuals. Better information on the performance of transport services is a powerful tool to lower the carbon footprint of public procurements, create right incentives for transport users for making more sustainable choices, and to influence business decisions of transport organisers and operators. Reliable and comparable greenhouse gas emissions data are the underlying requirement to create these incentives, and thus to stimulate a lower carbon footprint of public procurements and behavioural change among consumers and businesses alike, for contributing to objectives of the European Green Deal52 for transport, and the European Climate Law. _________________ 52 Communication from the Commission to the European Parliament, the European Council, the European Economic And Social Committee and the Committee of the Regions; The European Green Deal; COM(2019) 640 final
Amendment 29 #
2023/0266(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) Laying down harmonised rules for accounting greenhouse gas emissions of freight and passenger transport services is therefore appropriate to attain comparable figures for greenhouse gas emissions of transport services and to avoid misleading information on their performance resulting from the possibility to choose between various emissions calculation methods and input data. Such rules should ensure a level playing field between transport modes, segments, and the Union’s national networks. It should also help create incentives to behavioural change among public bodies, businesses and other customers to reduce greenhouse emissions from transport services, especially when purchases are made entirely or partially with public funds, through the uptake and use of comparable and reliable greenhouse emissions data.
Amendment 41 #
2023/0266(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) Despite benefits stemming from the increased transparency on the performance of transport services, mandatory application of this Regulation to all entities offering transport services on the Union market would be disproportionate and lead to excessive costs and burden. Therefore, this Regulation should apply only to those entities that decide or are bound by other relevant legislative and non-legislative regimes, to calculate and disclose information on greenhouse gas emissions of freight or passengers transport services that start or end on the territory of the Union. This consequently includes services, the origin or destination points of which are situated in a third country. Future developments and revisions should aim to expand the mandatory application of the Regulation, while taking into considerations the needs and limitations of SMEs.
Amendment 45 #
2023/0266(COD)
Proposal for a regulation
Recital 8 a (new)
Recital 8 a (new)
(8 a) Future developments and revisions of this Regulation should aim to include air pollutants to the scope. It is estimated that air pollution caused more than 300 000 premature deaths in the EU-28 in 201854a, while aggravating existing and causing new diseases. Transportation sector is a major contributor to air pollution, especially in urban areas. The inclusion of air pollutants to this Regulation would help create incentives to behavioural change among public bodies, businesses and other customers to reduce air pollution emissions from transport services, especially when purchases are made entirely or partially with public funds, through the uptake and use of comparable and reliable data. _________________ 54a EEA, 2020. Air quality in Europe – 2020 report.
Amendment 57 #
2023/0266(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) EN ISO standard 14083:2023, published by the European Committee for Standardisation57 in April 2023, and transposing ISO standard 14083:2023, was chosen to be the reference methodology for calculating greenhouse gas emissions of transport services under this Regulation. The analysis showed that ISO standard 14083:2023 proved to be the most relevant and proportional in addressing the objectives of this Regulation. The quantification of emissions is performed on a well-to-wheel basis, which includes greenhouse gas emissions stemming from energy provision and vehicle use during transport and hub operations. The Commission should provide access to the ISO standard free of charge. _________________ 57 https://www.cencenelec.eu
Amendment 64 #
2023/0266(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) Attention should be paid not to deviate from the original methodological choices of EN ISO standard 14083:2023, in order to avoid inconsistencies in the calculation of greenhouse emissions of transport services on the market, especially in the context of international transport chains. However, from time to time, it is appropriate to assess the need of a possible adjustment of EN ISO 14083:2023 from the perspective of Union policies, as well as future amendments to that standard that may be carried out by the European Committee of Standardisation, or another competent body. Especially relevant is to evaluate possible additional elements and added accuracy to reinforce positive environmental impact of the standard. In case these assessments show a risk that certain part of the standard may create undue imbalances in calculating greenhouse gas emissions of transport services in specific market segments or lead to discrepancies between that standard and the objectives of this Regulation or other applicable Union law, the Commission, in cooperation with Member States, may consider to request the European Committee for Standardisation to revise the standard accordingly, or to decide for the exclusion of that part of the standard from the scope of this Regulation.
Amendment 66 #
2023/0266(COD)
Proposal for a regulation
Recital 13 a (new)
Recital 13 a (new)
(13 a) EN ISO standard 14083:2023 has its limitations, particularly the shortage that it does not considered greenhouse gas emissions from the whole lifecycle of transport services. Future developments of this Regulation should look into the possibilities and strive to adopt a reference methodology that takes into account greenhouse gas emissions from the whole lifecycle of transport services.
Amendment 72 #
2023/0266(COD)
Proposal for a regulation
Recital 15
Recital 15
(15) Different types of input data, including primary and secondary data, can be used to calculate greenhouse gas emissions of transport services. The use of primary data leads to most reliable and accurate results, and therefore should be prioritised to provide for the gradual uptake of these datamandatory in greenhouse gas emissions calculation processes. However, primary data might be unattainable or prohibitively expensive for certain stakeholders, especially SMEs. Therefore, the use of secondary data should be allowedSMEs. Therefore, SMEs should be allowed to use secondary data under clear conditions.
Amendment 78 #
2023/0266(COD)
Proposal for a regulation
Recital 17
Recital 17
(17) A core EU database of default values for greenhouse gas emission intensity should therefore be established to improve the comparability of greenhouse gas emissions results obtained in the application of this Regulation. However, given the sectorial, national and regional specificities of those default values across the Union, other relevant databases and datasets operated by third parties should be allowedThe Commission, with the assistance of the European Environmental Agency, establishing and maintaining the database should take into account as accurately as possible the sectorial, national and regional specificities of those default values across the Union. The database should include separate tables for each mode of transportation. Third parties should be allowed the possibility to contribute to database on the condition that they data they may provide undergoes a technical quality check at Union level. Third party input can be valuable especially in improving the accuracy of values in regards to sectorial, national and regional specificities.
Amendment 81 #
2023/0266(COD)
Proposal for a regulation
Recital 18
Recital 18
(18) When establishing greenhouse gas emission intensity of a transport service, greenhouse gas emission factors for transport energy carriers are required to derive estimates of greenhouse gas emissions reflecting the amount of energy used in well-to-wheel perspective. Hence, a central EU database of greenhouse gas emission factors of energy carriers should be set up to guarantee the comparability and quality of input data. Considering the positive effects of the use of zero-emission technologies and the need to incentivise these in the short term, the greenhouse gas emission factor of electricity should be counted as zero. The Commission could envisage the possibility to take into account the actual greenhouse gas emission factor of electricity at a later stage when reviewing or replacing the EN ISO standard 14083:2023, while ensuring that primary or secondary values of greenhouse gas factors of different fuels represent accurately their real-world emissions.
Amendment 86 #
2023/0266(COD)
Proposal for a regulation
Recital 19
Recital 19
(19) The development and maintenance of the EU databases of default values for greenhouse gas emission intensity and greenhouse gas emission factors, as well as the technical quality check of external databases and datasets operatthe data provided by third parties should be undertaken by a neutral and competent body operating at Union level. Given its remit, the European Environmental Agency is best placed to provide the necessary assistance for the proper implementation of this part of the Regulation. Where relevant, this work may rely on contribution from and be supported by other sectorial EU bodies, in accordance of separate Union law.
Amendment 91 #
2023/0266(COD)
Proposal for a regulation
Recital 22
Recital 22
(22) It is appropriate to lay down common metrics to express greenhouse gas emissions output data that underlie the comparability of those data and allow for effective benchmarking of various transport services. Common metrics should also enable clear communication from a data provider and accurate understanding of this communication by a data recipient. It should be clarified that concerned entities should not be able to reduce the volume of greenhouse gas emissions of the output data by using carbon removal units.
Amendment 93 #
2023/0266(COD)
Proposal for a regulation
Recital 22 a (new)
Recital 22 a (new)
(22 a) In order to encourage environmentally sound behavioural choices, the Commission should establish a free of charge portal where users could examine the output data provided by entities pursuant to this Regulation. The portal should allow users to easily identify and compare the carbon footprint of different transport service providers within geographically specified locations and to see the proportion of transport services provided using zero-emission vehicles. The portal should allow query- based searches and downloads in order to for example support research in the field of transport services in the Union.
Amendment 94 #
2023/0266(COD)
Proposal for a regulation
Recital 22 b (new)
Recital 22 b (new)
(22 b) Colour coded communication schemes help citizens, especially those with limited knowledge about the issue at stake, to understand emission data and compare similar emissions and environmental friendliness of different service providers. Therefore, a colour coded communication scheme should be established for the greenhouse gas emissions of transport services via delegated act.
Amendment 102 #
2023/0266(COD)
Proposal for a regulation
Recital 26
Recital 26
(26) External calculation tools that are provided on the market for the broader commercial and non-commercial use can facilitate the accounting of greenhouse gas emissions of transport services, thus supporting its uptake by the wider groups of stakeholders. The use of these tools should be certified to guarantee that they conform to the requirements of this Regulation, especially as regards the use of the common reference methodology and an appropriate set of input data. The certification should specify whether the calculation tool supports calculation based on primary data. Furthermore, in order to create a common and easily comparable tool, as well as to reduce the administrative and financial burden on entities wishing to calculate their emissions, the Commission should develop a calculation tool that is publicly accessible and free of charge.
Amendment 111 #
2023/0266(COD)
Proposal for a regulation
Recital 28
Recital 28
(28) Administrative burden linked to the verification could be disproportionate for smaller companies and therefore it should be avoided. To that end, SMEs should be exempted from the requirements related to the verification, unless these enterprises wish to obtain a respective proof of compliance. In addition, l or they arge enterprises should take into account the principle of proportionality when considering requesting the verification of conformity from value chain partners, in particular SMEs.carrying out transport services as sub-contractors for larger entities that are under the scope of this Regulation.
Amendment 118 #
2023/0266(COD)
Proposal for a regulation
Recital 33
Recital 33
(33) In accordance with the principle of proportionality, it is necessary and appropriate for the achievement of the basic objective of incentivising public procurements with a lower carbon footprint and behavioural change among businesses and customers to reduce greenhouse gas emissions from transport services, especially when purchases are made entirely or partially with public funds, through the uptake and use of comparable and reliable greenhouse gas emissions data to lay down rules on the accounting of greenhouse gas emissions of transport services. This Regulation does not go beyond what is necessary in order to achieve the objectives pursued, in accordance with Article 5(4) on the Treaty on European Union.
Amendment 133 #
2023/0266(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 3 a (new)
Article 3 – paragraph 1 – point 3 a (new)
(3 a) ‘carbon removal unit’ means as a carbon removal unit as defined in Article 2 of [new Regulation of the European Parliament and of the Council establishing a Union certification framework for carbon removals].
Amendment 165 #
2023/0266(COD)
Proposal for a regulation
Article 4 – paragraph 1 a (new)
Article 4 – paragraph 1 a (new)
1 a. By [OP please insert the date of entry into force of this Regulation], the Commission shall make access to EN ISO 14083:2023 standard free of charge, in an easily accessible website.
Amendment 167 #
2023/0266(COD)
Proposal for a regulation
Article 4 – paragraph 2
Article 4 – paragraph 2
2. The CommissionNo later than [OP please insert date = the first day of the month following 24 months after the date of entry into force of this Regulation], the Commission shall present a report to the European Parliament and to the Council where it shall assess: (a) the need for anand possibility to replace the metholodogy referred in paragraph 1 with an alternative that takes into account the full lifecycle of the greenhouse gas emissions from transport services; (b) the need and possibility of other potential adjustments of any component of the standard referred to in paragraph 1, not later and (c) the feasibility and economic, environmental, health an 36 months after the date of application ofd social impacts of the inclusion of accounting of air pollution caused by transport services that start or end on the Union territory to the scope of this Regulation. The report may be, where appropriate, accompanied by a legislative proposal to amend this Regulation.
Amendment 173 #
2023/0266(COD)
Proposal for a regulation
Article 4 – paragraph 5
Article 4 – paragraph 5
5. The Commission is empowered to adopt delegated acts in accordance with Article 16 to request the European Committee on Standardisation to add additional elements, increase the accuracy or otherwise revise the standard referred to in paragraph 1, including based on the result of the assessment referred to in paragraph 2 and compliance check referred to in paragraph 3.
Amendment 180 #
2023/0266(COD)
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
1. Entities referred to in Article 2 shall prioritise the use of primary data for calculating greenhouse gas emissions of a transport serviceuse primary data to calculate the greenhouse gas emissions of a transport service, with the exception of services provided by micro, small and medium- sized enterprises (SMEs) as defined in Commission Recommendation 2003/361/EC. SMEs shall prioritise the use of primary data for calculating greenhouse gas emissions of a transport service. By way of derogation from the first subparagraph, SMEs shall use primary data to calculate the greenhouse gas emissions of those transport service that they carry out as sub-contractors for entities referred to in Article 2 that are not themselves SMEs.
Amendment 189 #
2023/0266(COD)
Proposal for a regulation
Article 5 – paragraph 2 – point -a (new)
Article 5 – paragraph 2 – point -a (new)
(-a) the entity is able to prove that the use of primary data is not technically feasible or it would be prohibitively expensive;
Amendment 190 #
2023/0266(COD)
Proposal for a regulation
Article 5 – paragraph 2 – point a – point ii
Article 5 – paragraph 2 – point a – point ii
Amendment 214 #
2023/0266(COD)
Proposal for a regulation
Article 6 – paragraph 2
Article 6 – paragraph 2
2. The Commission shall ensure the maintenance, update and continuous development of the database referred to in paragraph 1, taking into account for the evolution of the technological state-of-the- art in the transport sector and of new methodological approaches for calculating greenhouse gas emissions at least annually.
Amendment 218 #
2023/0266(COD)
Proposal for a regulation
Article 6 – paragraph 3
Article 6 – paragraph 3
3. Access to the database referred to in paragraph 1, the possibility to submit feedback and to consult or use default emission intensity values shall be open to the public and free of charge.
Amendment 223 #
2023/0266(COD)
Proposal for a regulation
Article 7 – title
Article 7 – title
Databases and datasets of default values for greenhouse gas emission intensity operatprovided by third parties
Amendment 226 #
2023/0266(COD)
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
1. A developer of a database or dataset referred to in Article 5 (2), point (a)(ii) shall submit an application to the Commission for a technical quality check ofThird parties may submit additional data to the Commission concerning default values for greenhouse gas emission intensity includreflected in thate database or datasetpursuant to Article 6. The Commission, with the assistance of the European Environmental Agency, shall conduct the technical quality check for the data in accordance with the requirements set out in Articles 4 to 8 of this Regulation and may amend the core EU database of default values for greenhouse gas emission intensity pursuant to Article 6 based on the data.
Amendment 231 #
2023/0266(COD)
Proposal for a regulation
Article 7 – paragraph 2
Article 7 – paragraph 2
2. Only databases and datasets of default emission intensity values that have been positively assessed in that technical quality check referred to paragraph 1 shall be used for the purpose of using secondary data in accordance with Article 5 (2), point (a)(ii)increasing the accurancy or otherwise develop the core EU database of default values for greenhouse gas emission intensity pursuant to Article 6.
Amendment 232 #
2023/0266(COD)
Proposal for a regulation
Article 7 – paragraph 3
Article 7 – paragraph 3
3. The technical quality check is required as from 24 months after the date of the application of this Regulation, at the latest. A record of positive assessment of thate quality check pursuant to paragraph 1 shall be valid for two years.
Amendment 239 #
2023/0266(COD)
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. The Commission, with the assistance of the European Environmental Agency, shall establish a central EU database of default greenhouse gas emission factors referred to in Article 5(2), point (b). For the purposes of this Regulation, the default values for the greenhouse gas emission factor of electricity in the central EU database shall be set to zero.
Amendment 255 #
2023/0266(COD)
Proposal for a regulation
Article 8 – paragraph 2
Article 8 – paragraph 2
2. The Commission, with the assistance of the European Environmental Agency, shall ensure the maintenance, update and continuous development of the database referred to in paragraph 1, taking into account the evolution of the technological state-of-the-art in the transport sector and of new methodological approaches for calculating greenhouse gas emissions at least annually.
Amendment 257 #
2023/0266(COD)
Proposal for a regulation
Article 8 – paragraph 3
Article 8 – paragraph 3
3. Access to the database referred to in paragraph 1, the possibility to submit feedback and to consult or use default greenhouse gas emission factors for the transport energy carriers shall be open to the public and free of charge.
Amendment 265 #
2023/0266(COD)
Proposal for a regulation
Article 9 – paragraph 2 a (new)
Article 9 – paragraph 2 a (new)
2 a. By [OP please insert date = the first day of the month following 12 months after the date of entry into force of this Regulation], the Commission shall adopt a implementing act in accordance with Article 17, to supplement this Regulation by establishing a calculation tool for output data that shall be publicly- accessible and free of charge.
Amendment 266 #
2023/0266(COD)
Proposal for a regulation
Article 9 – paragraph 2 b (new)
Article 9 – paragraph 2 b (new)
2 b. Entities referred to in Article 2 shall not reduce the volume of greenhouse gas emissions of the output data by using carbon removal units.
Amendment 270 #
2023/0266(COD)
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
1. Concerned entities shall disclose output data in a clear and unambiguous manner. When concerned entities disclose output data, in the communication accompanying this disclosure they shall include the following statement “Well-to- wheel greenhouse gas emissions calculated in accordance with Regulation [reference to this Regulation] of the European Parliament and the Council”, at least in one of the official languages of the EU, and where possible, in an official language of a Member State on the territory of which the service is performed. Concerned entities shall also include in this disclosure information on the share of the transport operation of their total transport services that has been conducted by zero-emission vehicles.
Amendment 276 #
2023/0266(COD)
Proposal for a regulation
Article 10 – paragraph 1 a (new)
Article 10 – paragraph 1 a (new)
1 a. By [OP please insert date = the first day of the month following 2 months after the date of entry into force of this Regulation], the Commission shall adopt implementing acts in accordance with Article 17 to lay down clear rules and the format on the disclosure of the output data for concerned entities pursuant to paragraph 1.
Amendment 280 #
2023/0266(COD)
Proposal for a regulation
Article 10 – paragraph 2
Article 10 – paragraph 2
2. Where output data are obtained and disclosed by a data intermediary on the basis of separate arrangements, the rules laid down in paragraph 1, 1a and Article 9(2b) and (3) shall apply. When disclosing output data, the data intermediary shall include a reference to the source of these data.
Amendment 289 #
2023/0266(COD)
Proposal for a regulation
Article 10 – paragraph 5
Article 10 – paragraph 5
5. The output data and evidence referred to in paragraph 54 shall be established in a clear and unambiguous manner, at least in one of the official languages of the Union. Where possible, tThey shall be made available in the form of a weblink, QR code or equivalent and in the Portal pursuant to paragraph 7a.
Amendment 294 #
2023/0266(COD)
Proposal for a regulation
Article 10 – paragraph 7 a (new)
Article 10 – paragraph 7 a (new)
7 a. By [OP please insert date = the first day of the month following 12 months after the date of entry into force of this Regulation], the Commission shall establish a freely accesible internet portal that enables the users to view the newest information on the output data provided of by entities covered by this Regulation, including the share of transport operation of the entities’ total transport services that has been conducted by zero-emission vehicles.The portal shall include the possibility to compare entities in geographically specified locations and to make query-based searches and downloads. The Commission and the Member States shall actively promote the portal to its potential users.
Amendment 296 #
2023/0266(COD)
Proposal for a regulation
Article 10 – paragraph 7 b (new)
Article 10 – paragraph 7 b (new)
7 b. By [OP please insert date = the first day of the month following 6 months after the date of entry into force of this Regulation], the Commission shall adopt a delegated act in accordance with Article 16, to supplement this Regulation by establishing a colour coded communication scheme for the greenhouse gas emissions of transport services that allows comparison of emissions between entities pursuant to Article 2 and different modes of transportation services pursuant to this Regulation.The communication scheme shall be used to visualize the emission levels of output data pursuant to the portal referred in paragraph 7a. The communication scheme pursuant to the first subparagraph shall be reviewed regularly.
Amendment 304 #
2023/0266(COD)
Proposal for a regulation
Article 12 – paragraph 2
Article 12 – paragraph 2
2. The verification requirements referred to in paragraph 1 shall apply to concerned entities referred to Article 2, with the exception of micro, small and medium-sized enterprises referred to in Commission Recommendation 2003/361/EC66 . The micro, small and medium-sized enterprises may undergo the verification upon their request. By way of derogation from the first subparagraph, SMEs shall be subject to verification requirements referred to in paragraph 1 for those transport service that they carry out as sub-contractors for entities referred to in Article 2 that are not themselves SMEs. _________________ 66 Commission Recommendation 2003/361/EC of 6 May 2003 concerning the definition of micro, small and medium- sized enterprises (OJ L 124, 20.5.2003, p. 36).
Amendment 314 #
2023/0266(COD)
Proposal for a regulation
Article 13 – paragraph 4
Article 13 – paragraph 4
4. Where the verification assessment identifies incorrect calculations or non- compliance with Articles 4 to 9 of this Regulation, the conformity assessment body shall inform the entity concerned thereof in a timely manner. That entity shall then correct within 90 days the calculation or remedy non-conformities so as to enable the verification process to be completed.
Amendment 317 #
2023/0266(COD)
Proposal for a regulation
Article 13 – paragraph 5
Article 13 – paragraph 5
5. The entity concerned shall provide within 30 days the conformity assessment body with any additional information that enables it to carry out the verification procedures. The conformity assessment body may conduct checks during the verification process to determine the reliability of data and calculations.
Amendment 319 #
2023/0266(COD)
Proposal for a regulation
Article 13 – paragraph 7
Article 13 – paragraph 7
7. The conformity assessment body concerned shall draw up and maintain an up-to-date list of the entities that have undergone and successfully completed or failed to complete the verification pursuant to paragraphs 1 to 6. By 31 March each year, the conformity assessment body shall notify that list to the Commission. The Commission shall make the list publicly available in the portal referred to in Article 10(7a).
Amendment 335 #
2023/0266(COD)
Proposal for a regulation
Article 18 – paragraph 1
Article 18 – paragraph 1
The Commission shall carry out an evaluation report of this Regulation in light of the objectives that it pursues and present a report on the. The report shall also evaluate the potential benefits and means of using the data produced in this Regulation to lower the carbon footprint of public procurements in the Union and its Member States. In addition, the report shall evaluate different options of increasing greenhouse gas emissions accounting of transport services, especially among SMEs. The Commission shall present the report and its main findings to the European Parliament and the Council by [OP: please insert a date: 53 years after the Regulation is applicable]. The report may, where appropriate, be accompanied by a legislative proposal.
Amendment 344 #
2023/0266(COD)
Proposal for a regulation
Article 19 – paragraph 2
Article 19 – paragraph 2
2. It shall apply from [OP: Please insert a date: 424 months after the entry into force of this Regulation].
Amendment 84 #
2023/0250(COD)
Proposal for a directive
Recital 3
Recital 3
(3) In order to provide victims with seamless and modern means of exercising their rights, the Member States should make it possible for victims to communicate electronically with national competent authorities. Victims should enjoy the possibility of using electronic tools to receive information about their rights and about their case, report crimes and to otherwise communicate with competent authorities and with support services through communication and information technologies. These tools should cater to different communication needs, such as age and disabilities. Victims should be able to choose the method of communication, and the Member States should provide for such communication and information technologies as an alternative to the standard methods of communication, without however replacing them completely. Member States shall ensure that the content of information communicated to victims is developed together with civil society organisations and content is consistent and regularly updated to ensure accuracy.
Amendment 90 #
2023/0250(COD)
Proposal for a directive
Recital 4
Recital 4
(4) In order to ensure comprehensive channels of communication taking into account the complexity of victims’ needs in relation to their right to access information, all victims, independently of where in the EU and in what circumstances the crime took place, should be able to access victims’ helplines by using the EU- wide 116 006 telephone number or by connecting to the dedicated websites. These helplines are operated by trained and supervised individuals following standards of quality support. Under such helplines, victims should be able to receive the information about their rights, emotional support and be referred to the police or other services, including other specialised helplines – if needed. Such helplines should also refer victims to other specialised helplines, referred to in Commission Decision 2007/116/EC56 , such as the harmonised number related to child helpline “116 111”, missing children “116 000” and gender-based violence “116 116”. _________________ 56 Commission Decision 2007/116/EC of 15 February 2007 on reserving the national numbering range beginning with 116 for harmonised numbers for harmonised services of social value (OJ L 049 17.2.2007, p. 30).
Amendment 105 #
2023/0250(COD)
Proposal for a directive
Recital 7
Recital 7
(7) Targeted and integrated support services should be available to a broad range of victims with specific needs, including victims living in rural, sparsely populated and remote areas. Such victims may include not only victims of sexual violence, victims of gender-based violence and victims of domestic violence, including victims of online forms of such crimes, but also victims of trafficking in human beings, victims of organised crimes, victims with disabilities, victims of exploitation, victims of hate crime, victims of terrorism or victims of core international crimes. In response to the shortcomings identified in the evaluation, Member States should set up specific protocols that will organise the actions of specialist support services to comprehensively address the multiple needs of victims with specific needs. Such protocols should be set up in coordination and cooperation between law enforcement, prosecution authorities, judges, detention authorities, restorative justice services and victim support services.
Amendment 107 #
2023/0250(COD)
Proposal for a directive
Recital 7 b (new)
Recital 7 b (new)
(7b) Support services shall be organised to deliver services to all victims, including through referral where appropriate. Generic and specialist support services shall be organised to be able to also address the specific needs of individual victims taking into account the personal characteristics of the victim, the type or nature of the crime, the circumstances of the crime, the extent and nature of harm to the victim and any other circumstances which may require an adapted response. Generic and Specialist support services shall, as a minimum be accessible to victims on a non-discriminatory basis before, during and for as long as they need after criminal proceedings ensuring, in particular, sufficient proximity of services to victims, appropriate opening hours and delivery of services through multiple channels including face to face, online, helplines and itinerant services and be coordinated in particular through referrals in accordance with victims’ specific needs, be free of charge, be confidential and act in the interest of the victims. Psychological support shall be available to victims in need of such support for as long as necessary as determined by the victim’s psychologist.
Amendment 113 #
2023/0250(COD)
Proposal for a directive
Recital 8
Recital 8
(8) To avoid serious consequences of victimisation in early age, that may negatively affect entire victims’ life, it is crucial to ensure that all child victims receive the highest standard of support and protection. Most vulnerable child victims, including child victims of sexual abuse, child victims of trafficking in human beings and child victims who have otherwise been particularly affected by the crime due to the gravity of crime or to their particular circumstances should benefit from the targeted and integrated support and protection services that includes coordinated and cooperated approach of judicial and social services within the same premises. Such services should be provided in a dedicated space. To ensure that the child victim is effectively protected in cases where a crime involves the holder of parental responsibility, or there is a conflict of interest between the child and the holder of parental responsibility, a provision has been added to ensure that in cases such as reporting of a crime, medical or forensic interviews, referral to support services or psychological support, among others, these acts should not be conditional upon the consent of the holder of parental responsibility, always taking into account the best interests of the child. Member States shall take measures to prevent the bias in the determination/interpretation of “the best interest of the child” principle, namely, to maintain contact with both parents or their relatives at all costs, regardless of the violence children have witnessed, with detrimental and dangerous effects for both the child and the other parent. The right of every child to maintain contact with both parents should be restricted if necessary, in the best interests of the child.
Amendment 119 #
2023/0250(COD)
Proposal for a directive
Recital 8 a (new)
Recital 8 a (new)
(8a) Victims of domestic violence and their children should have access to appropriate emergency and temporary accommodation solutions. These centres must be exclusively for women and their children, given the feeling of insecurity of the women accommodated in mixed centres, and which welcome many different types of people. Member States should open emergency accommodation spaces specific to situations of domestic violence, which would be available and accessible at all times, including at night and on weekends. Courts must not use the fact that victims stay in emergency, temporary or social housing as an argument to transfer custody right to the violent partner.
Amendment 121 #
2023/0250(COD)
Proposal for a directive
Recital 8 c (new)
Recital 8 c (new)
(8c) It is imperative that victim support services remain fully functional and accessible during times of crisis, including health emergencies, significant migratory movements, or other states of emergency such as natural disasters or security threats. These services should be equipped with contingency plans to ensure uninterrupted operation, adaptability to changing circumstances, and the capacity to address the unique challenges and increased demands that often arise in such situations. This includes maintaining adequate staffing, ensuring the safety and well-being of both victims and support personnel, and leveraging technology for remote assistance when necessary. The victims should continue receiving essential support services without disruption, regardless of the external environment.
Amendment 122 #
2023/0250(COD)
Proposal for a directive
Recital 8 d (new)
Recital 8 d (new)
(8d) The use, assertion and acceptance of non-scientific theories and concepts in custody cases which punish mothers who attempt to report cases of child abuse or gender-based violence by preventing them from obtaining custody or by restricting their parental rights should be prevented. Parental alienation and similar concepts and terms should be rejected, as they lack the necessary scientific justification, and are often used in the context of intimate partner violence, as a strategy against victims of violence, putting into question victims’ parental skills, dismissing their word and disregarding the violence to which children are exposed. Member States should not recognize the parental alienation syndrome or similar concepts in their judicial practice and law and should prohibit its use in court proceedings, during the investigations to determine the existence of violence;
Amendment 123 #
2023/0250(COD)
Proposal for a directive
Recital 8 e (new)
Recital 8 e (new)
(8e) Member states shall take measures to ensure that, in determination of custody and contact or visitation rights of children, judicial authorities take into account incidents of violence against women and domestic violence and the results of the risk assessments concerning the non-abusive parent and the child victim, including child witnesses and orphans. Member States shall put in place measures to ensure that the exercise of any visitation or custody rights does not jeopardise the rights and safety of the victim or children. The rights or claims of perpetrators or alleged perpetrators during and after judicial proceedings, with respect to property, privacy, child custody, access, contact and visitation, should be determined in the light of women’s and children’s human rights to life and physical, sexual and psychological integrity and guided by the principle of the best interests of the child. Failing to address violence against women and domestic violence in custody rights and visitation decisions is a violation by neglect of the human rights to life, to a life without violence, and to the healthy development of women and children. Member states should ensure the recognition of witnessing violence against a close person as jeopardising the best interest of the child; The best interest of the child and children's views should be of primary consideration and prevail over any perpetrators’ or suspects rights and also over any visiting rights of other persons having ties with the children. Where there is a reasonable doubt concerning safe contact with the child from both a physical and emotional perspective, visiting and custody rights of the abusive parent shall be suspended. In cases of visitations rights of a suspect who is a holder of parental responsibility with rights of access, only when visits are considered to be adequate and in the interest of the child, and in order to ensure the safety of children and victims during possible visits, Member States should ensure that supervised neutral places, including child protection or welfare offices, are made available so that such visits can take place there in the best interests of the child. Supervised neutral places for visits with a suspect should always ensure the safety of both the child and the non-abusive holder of parental responsibility where relevant. If needed, the visits should take place in the presence of child protection or welfare officials. Where it is necessary to provide for interim accommodation, children should as a priority be accommodated together with the holder of parental responsibility who is not the offender or suspect, such as the child’s mother. The best interest of the child should be always taken into account. Where necessary, Member States shall ensure that judicial authorities act without delay to remove visiting rights permanently from perpetrators that continue to offend or do not engage in long term meaningful parenting programmes leading to improved outcomes for children. The withdrawal of the custody and visitation rights of the violent partner and awarding exclusive custody to the mother, if she is a victim of violence, can represent the only way to prevent further violence and the secondary victimisation.
Amendment 141 #
2023/0250(COD)
Proposal for a directive
Recital 11 d (new)
Recital 11 d (new)
(11d) Legal protective measures must be fully applied to protect children who have experienced or witnessed violence and such measures must not be limited or restricted due to parental rights. Decisions on joint custody should be postponed until intimate partner violence has been adequately investigated and a risk assessment conducted.
Amendment 168 #
2023/0250(COD)
Proposal for a directive
Article 1 – paragraph 1 – point -1 a (new)
Article 1 – paragraph 1 – point -1 a (new)
Directive 2012/29/EU
Article 1 – paragraph 2
Article 1 – paragraph 2
Amendment 211 #
2023/0250(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2012/29/EU
Article 5a – paragraph 2
Article 5a – paragraph 2
2. Member States shall take the necessary measures to encourage any person who knows about or suspects, in good faith, that criminal offences have been committed, or that further acts of violence are to be expected, to report this to the competent authorities, and to do so anonymously.
Amendment 323 #
2023/0250(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 2012/29/EU
Article 10b – paragraph 1 – point c (new)
Article 10b – paragraph 1 – point c (new)
(c) Article 22 on the right to access legal aid;
Amendment 390 #
2023/0250(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 10 – point d
Article 1 – paragraph 1 – point 10 – point d
Directive 2012/29/EU
Article 22 – paragraph 3 – subparagraph 2
Article 22 – paragraph 3 – subparagraph 2
In this regard, victims of terrorism, organised crime, human trafficking, gender-based violence, including violence against women and domestic violence, sexual violence, exploitation or hate crime, undocumented victims and victims with a dependent residence status or permit, victims of core international crime and victims with disabilities shall be duly considered. Particular attention shall be paid to victims who fall under more than one of those categories.;
Amendment 416 #
2023/0250(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 13
Article 1 – paragraph 1 – point 13
Directive 2012/29/EU
Article 24 – paragraph 1 - point cc (new)
Article 24 – paragraph 1 - point cc (new)
(13j) Article 24 is amended as follows: in paragraph 1, the following point is added: a) ‘(ca) the child’s right to be heard and the best interests of the child are ensured during the criminal investigations and proceedings, in accordance with Article 10’
Amendment 418 #
2023/0250(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 13 a(new)
Article 1 – paragraph 1 – point 13 a(new)
Directive 2012/29/EU
Article 25 –paragraph 6 (new)
Article 25 –paragraph 6 (new)
(13c) the following paragraph is added: 5a : Member States shall ensure that professionals likely to come into contact with victims, including law enforcement authorities, court staff, judges and prosecutors, lawyers, primary prevention workers, providers of specialized support services, and restorative justice services, healthcare professionals, social services, educational and other relevant staff, receive both general and specialist mandatory training and targeted information to a level appropriate to their contacts with victims, to enable them to identify, prevent and address instances of violence against women or domestic violence, , including manipulation, psychological violence, coercive control, the relevance of intimate partner violence to children’s rights, their protection and their well-being, and to treat victims in a trauma-, gender- and child-sensitive manner. This training should also educate all professionals involved on how to best communicate with, support victims, while enabling them to evaluate each situation using reliable risk assessment tools and equip them with adequate skills to detect signs of abuse. The training shall be provided by qualified trainers from women specialist services adhering to stringent quality standards in terms of training duration, frequency, methods and outcomes in line with the objectives of this Directive. Training shall cover general and specialist training appropriate to the nature and level of contacts with victims, to enable practitioners to recognise victims and to treat them in an impartial, non- discriminatory, respectful, professional manner using a victim-centered, trauma-, gender-, disability-, chid sensitive approach and to support the practical implementation and operation of victims’ rights. Member States shall establish specialised courts or sections, dealing with victims of violence against women and domestic violence and shall ensure child and women-victim-friendly justice, including comprehensive assessment units dealing with gender-based violence composed of forensic doctors, psychologists and social workers who work in coordination with the public services specialised in gender-based violence in charge of assisting victim.
Amendment 436 #
2023/0250(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 14
Article 1 – paragraph 1 – point 14
Directive 2012/29/EU
Article 26a – paragraph 1- introductory part
Article 26a – paragraph 1- introductory part
1. Member States shall establish and implement specific protocols on the organisation of services and actions under this Directive by the competent authorities and other persons coming in contact with victims. The protocols shall be drawn up in coordination and cooperation between law enforcement, prosecution authorities, judges, detention authorities, restorative justice services and victim support services and in consultation with civil society organisations. The specific protocols shall aim as a minimum at ensuring that:
Amendment 461 #
2023/0250(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 15
Article 1 – paragraph 1 – point 15
Directive 2012/29/EU
Article 27a –point h (new)
Article 27a –point h (new)
(h) the use of barring, restraining and protection orders to provide protection for victims as referred to in Article 23 of this Directive does not affect Member States’ obligations to ensure the physical integrity of victims of violence against women and domestic violence and their dependents provided for in Article 21 of Directive (EU) …/… [on combating violence against women and domestic violence].’
Amendment 465 #
2023/0250(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 15 a (new)
Article 1 – paragraph 1 – point 15 a (new)
Directive 2012/29/EU
Article 27 b (new)
Article 27 b (new)
(15a) the following article 27b is inserted: Safeguards for the best interests of children 1. Member States shall take the necessary legislative or other measures to ensure that the consequences for children of violence against women and domestic violence are taken into account: (a) in the limitation of the rights to exercise parental responsibility of the actual or alleged perpetrator of violence against women or domestic violence; (b) in determining custody and access rights in respect of children; Member States shall take measures to ensure that the views of the child are given due weight in relation to such custody or access rights. Member States shall take measures to prevent the bias in the determination/interpretation of “the best interest of the child” principle, namely, to maintain contact with both parents or their relatives at all costs, regardless of the violence children have witnessed, with detrimental and dangerous effects for both the child and the non-violent parent. The right of every child to maintain contact with both parents should be restricted if necessary, in the best interests of the child; 2. Member States shall take measures to ensure that decisions on parental responsibility can be made in emergency procedures, such as restraining orders or protection orders, and in situations of convicted or alleged violence based on a body of evidence. Legal protective measures must be fully applied to protect women and children from violence. Such measures should not be limited or restricted by parental rights, and decisions on shared custody should be postponed until violence against women or domestic violence has been adequately investigated and a risk assessment has been conducted. 3. Member States shall ensure that the best interests of the child take precedence over the rights of access of an offender or suspect of violence against women or domestic violence. Member States shall ensure that the views of the child are given due weight when it comes to such rights of access. Member states shall aim at prohibiting mandatory shared custody and/or visiting rights in cases of violence or suspected violence, and prohibit the use of so-called “parental alienation” syndrome or any related concept when determining custody and visitation rights in cases of violence or suspected violence.
Amendment 467 #
2023/0250(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 15 b (new)
Article 1 – paragraph 1 – point 15 b (new)
Directive 2012/29/EU
Article 27 c (new)
Article 27 c (new)
(15 o) the following Article 27c is inserted: Custody, visitation rights and safety 1. Member States shall take the necessary legislative and other measures to ensure that, in the determination of custody and visitation rights of children, incidents of violence covered by the scope of this Directive and the Directive (EU) …/… [on combating violence against women and domestic violence] are taken into account. 2. Member states shall take the necessary legislative and other measures to ensure that the exercise of any visitation or custody rights does not jeopardise the rights and safety of the victim or children.
Amendment 223 #
2023/0053(COD)
Proposal for a directive
Recital 16 a (new)
Recital 16 a (new)
(16a) In order to ensure widespread comprehensive knowledge of driving rules and safety measures such as seat belts and helmet use, and in particular the safe traffic participation of vulnerable road users, such as pedestrians, cyclists and e- scooter users, including their interaction with motorised vehicles, Member States should introduce in their mandatory school curricula, for both primary and secondary education, a minimum amount of road safety education. In addition, that road safety education should include adequate information on mobility alternatives for different types of journeys and the health and environmental impacts of such choices, with particular emphasis on the benefits of active mobility.
Amendment 255 #
2023/0053(COD)
Proposal for a directive
Recital 30
Recital 30
(30) It should be ensured that drivers who newly acquire their driving licence in a given category do not endanger road safety on account of their inexperience. For those novice drivers a probationary period of twohree years should be established, during which they should be subjected to stricter rules and penalties Union-wide when breaking them, due to the influence of alcohol. The penalties for such conduct should be effective, proportionate, dissuasive and non-discriminatory and their severity should to the furthest extent possible take into account the Union’s mid- term and long-term goals of halving and nearly eliminating deaths and serious injuries. Novice drivers should not be allowed to drive the most powerful vehicles of over 200kW before acquiring the necessary skills and experience in conventional vehicles during the probationary period. As regards any other restrictions on novice drivers, Member States should be allowed to freely implement additional rules in their territory.
Amendment 265 #
2023/0053(COD)
Proposal for a directive
Recital 37
Recital 37
(37) In a context of gradual digitalisation and automation, of ever more stringent emission reduction requirements of road transport, as well as of constant technological progress of power-driven vehicles, it is necessary to keep all drivers up to date in terms of knowledge about road safety and sustainability. The promotion of lifelong training can beis key in keeping experienced drivers’ skills up to date in terms of road safety, new technologies, ecodriving, which improves fuel efficiency and reduces emissions, and speed management. Member States should incentivise, lifelong training of drivers and safe driving courses.
Amendment 274 #
2023/0053(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 1
Article 2 – paragraph 1 – point 1
(1) 'driving licence' means an electronic or physical document that certifies the right to drive power-driven vehicles and states the conditions under which the holder is authorised to drive, including a demerit point system;
Amendment 290 #
2023/0053(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 12 a (new)
Article 2 – paragraph 1 – point 12 a (new)
(12a) ‘demerit point system’ means a comparable system that quantitatively assigns or detracts penalty points cumulatively and results in additional consequences when the level of repeat offending has resulted in a certain number of penalty points being collected or lost, with particular conditions for novice drivers, and which can lead to a driving disqualification;
Amendment 347 #
2023/0053(COD)
Proposal for a directive
Article 7 – paragraph 1 – point a
Article 7 – paragraph 1 – point a
(a) 16 years for categories AM, A1 and B1;
Amendment 350 #
2023/0053(COD)
Proposal for a directive
Article 7 – paragraph 1 – point b
Article 7 – paragraph 1 – point b
(b) 18 years for categories A1, A2, B, BE, C1 and C1E;
Amendment 372 #
2023/0053(COD)
Proposal for a directive
Article 7 – paragraph 2 – introductory part
Article 7 – paragraph 2 – introductory part
2. Member States may raise or lower the minimum age for issuing a driving licence:
Amendment 373 #
2023/0053(COD)
Proposal for a directive
Article 7 – paragraph 2 – point a
Article 7 – paragraph 2 – point a
(a) for category AM down to 14 years or up to 18 years;
Amendment 404 #
2023/0053(COD)
Proposal for a directive
Article 9 – paragraph 2 – point e
Article 9 – paragraph 2 – point e
(e) licences issued for any category shall be valid for vehicles in category AM conditional upon the successful completion of minimum requirements of motorcycle practical training, except for holders of A1, A2 and A licences. . However, for driving licences issued on its territory, a Member State may limit the equivalences for category AM to categories A1, A2 and A, if that Member State imposes a practical test as a condition for obtaining category AM; Member States shall adapt the motorcycle practical training for users of L1-eA and L1-eB categories of vehicles to better suit their vehicles.
Amendment 437 #
2023/0053(COD)
Proposal for a directive
Article 9 – paragraph 3 – subparagraph 1 – point b
Article 9 – paragraph 3 – subparagraph 1 – point b
Amendment 443 #
2023/0053(COD)
Proposal for a directive
Article 10 – paragraph 1 – point b – paragraph 1
Article 10 – paragraph 1 – point b – paragraph 1
as regards category AM they have passed a theory test only; Member States may require applicants to passand a test of skills and behaviour and; Member States may require a medical examination for this category.
Amendment 445 #
2023/0053(COD)
Proposal for a directive
Article 10 – paragraph 1 – point b – paragraph 2
Article 10 – paragraph 1 – point b – paragraph 2
For three-wheel vehicles and, quadricycles and L1 category vehicles within this category, Member States may impose a distinctive test of skills and behaviour. For the differentiation of vehicles in category AM, a national code may be inserted on the driving licence;
Amendment 549 #
2023/0053(COD)
Proposal for a directive
Article 15 – paragraph 1
Article 15 – paragraph 1
1. The holder of a driving licence of a given category issued for the first time shall be considered a novice driver and shall be subject to a probationary period of at least twohree years.
Amendment 552 #
2023/0053(COD)
Proposal for a directive
Article 15 – paragraph 1 a (new)
Article 15 – paragraph 1 a (new)
1a. A novice driver holding a category B licence shall not be authorised to drive a vehicle powered by an engine of over 200kW during the probation period
Amendment 618 #
2023/0053(COD)
Proposal for a directive
Annex II – Part I – point A – point 2 – paragraph 1 – point h a (new)
Annex II – Part I – point A – point 2 – paragraph 1 – point h a (new)
(h a) potential risks and precautions necessary when driving for work;
Amendment 626 #
2023/0053(COD)
Proposal for a directive
Annex II – Part I – point A – point 3 a (new)
Annex II – Part I – point A – point 3 a (new)
3a. Specific provisions concerning category B Regarding driving N1 category vehicles, compulsory check of general knowledge on: (a) loading and unloading, cargo securing (b) specific risk factors related to the driving of N1 category vehicles
Amendment 732 #
2023/0053(COD)
Proposal for a directive
Annex III – point 1 – point 3
Annex III – point 1 – point 3
(3) National legislation mayshall provide for the provisions set out in this Annex for Group 2 drivers to apply to drivers of Category B vehicles using their driving licence for professional purposes (taxis, ambulances, etc.).
Amendment 767 #
2023/0053(COD)
Proposal for a directive
Annex III – point 11 – paragraph 2 – point 1 – paragraph 2
Annex III – point 11 – paragraph 2 – point 1 – paragraph 2
Neurological disturbances associated with diseases or surgical intervention affecting the central or peripheral nervous system, which lead to cognitive, behavioural, sensory or motor impairments and affect performance, balance and coordination, shall accordingly be taken into account in relation to their functional effects and t. The risks of progression of impairment and compliance with treatment needs to be taken into account. In such cases, the issue or renewal of the licence may be subject to periodic assessment in the event of risk of deterioration.
Amendment 782 #
2023/0053(COD)
Proposal for a directive
Annex III – point 14 – paragraph 2 – point 1 – paragraph 1
Annex III – point 14 – paragraph 2 – point 1 – paragraph 1
Driving licences shall not be issued to, or renewed for, applicants or drivers who are dependent on alcoholhave alcohol use disorders or unable to refrain from drinking and driving unless appropriate restrictions are applied through their participation in rehabilitation programmes including monitoring and medical supervision and the use of technologies enabling to offset the dependency (for example, through the mandatory use of an alcohol interlock).
Amendment 792 #
2023/0053(COD)
Proposal for a directive
Annex IV – Part 4 – point 1 – point e
Annex IV – Part 4 – point 1 – point e
(e) The work of driving examination shall be monitored and supervised by an independent body authorised by the Member State, to ensure correct and consistent application of assessment.
Amendment 49 #
2023/0052(COD)
Proposal for a directive
Recital 25 a (new)
Recital 25 a (new)
(25a) The Commission should explore different means for enhancing the cooperation and the exchange of information on road-safety traffic offences to improve enforcement, between EU Member States and neighbouring non-EU countries.
Amendment 54 #
2023/0052(COD)
Proposal for a directive
Recital 32 a (new)
Recital 32 a (new)
(32a) EU Member States are encouraged to set up a transparent system for the allocation of revenues generated by fines and channel revenues from enforcement back into road safety work. This will also increase public confidence in the traffic law enforcement system and contribution it can make to improving road safety.
Amendment 71 #
2023/0052(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 1 – point a
Article 1 – paragraph 1 – point 1 – point a
Directive (EU) 2015/413
Article 2 – paragraph 1 – point o (a) new
Article 2 – paragraph 1 – point o (a) new
(oa) not respecting the rules of UVARs (Urban Vehicle Access Regulations)
Amendment 98 #
2023/0052(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point c
Article 1 – paragraph 1 – point 2 – point c
Directive (EU) 2015/413
Article 3 – paragraph 3 – point z (b) new
Article 3 – paragraph 3 – point z (b) new
(zb) not respecting the rules of UVARs" means non-compliance with the rules concerning a form of traffic management that regulates access in specific urban locations according to vehicle type, age, emissions category – or other factors such as time of day or day of the week
Amendment 168 #
2023/0052(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Directive (EU) 2015/413
Article 8 a – subparagraph 1
Article 8 a – subparagraph 1
The Commission shall provide financial support to initiatives that contribute to cross-border cooperation in the enforcement of road-safety-related traffic rules in the Union, in particular the exchange of best practices, the application of smart enforcement methodologies and techniques in the Member Statesby publishing a new and revised EC Recommendation 2004/345 on enforcement and sanctions in the field of road safety and thereby encourage Member States to achieve high standards on enforcement that are ‘state of the art’, the application of smart enforcement methodologies and techniques in the Member States, and developing common minimum standards for enforcement equipment and their deployment and operation, increasing the capacity building of enforcement authorities and awareness raising campaigns regarding cross-border enforcement actions.
Amendment 171 #
2023/0052(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 9 a (new)
Article 1 – paragraph 1 – point 9 a (new)
Directive (EU) 2015/413
Article 8 a – subparagraph 1 a (new)
Article 8 a – subparagraph 1 a (new)
(9a) Exchange of information on traffic offences with neighbouring non- EU countries The Commission shall, no later than two years after the entry into force of this Directive, conduct a feasibility study on deploying an effective system for exchanging information on road-safety traffic offences with neighbouring non- EU countries in order to improve enforcement, while ensuring that any sharing of information should be subject to strict safeguards, audits and oversight conditions, in full compliance with the applicable EU rules;
Amendment 63 #
2023/0046(COD)
Proposal for a regulation
Recital 1
Recital 1
(1) The digital economy has been changing the internal market profoundly over the last decade. The Union’s vision is a digital economy that delivers sustainable economic and social benefits based on excellent, and secure connectivity for everybody and everywhere in Europeffordable, reliable, secure and future-proof broadband connectivity for everybody and everywhere in Europe, including in rural and remote areas, such as islands and mountainous and sparsely populated regions, as well as the outermost regions and in transport corridors. A high-quality digital infrastructure based on very high capacity networks is a cornerstone to the Union’s digital transformation as underpins almost all sectors of a modern and innovative economy. It can provide innovative services, more efficient business operations and smart, sustainable, digital societies, while contributing to achieving the climate targets set in the European Green Deal and the twin digital and green transitions envisaged as the Union’s main priorities. It is of strategic importance to social and territorial cohesion and overall for the Union’s competitiveness, resilience, strategic autonomy, digital sovereignty and digital leadership. Therefore, people as well as the private and public sectors should have the opportunity to be part of the digital economy.
Amendment 67 #
2023/0046(COD)
Proposal for a regulation
Recital 2
Recital 2
(2) Societal needs for converging upload and download bandwidth are constantly growing. The rapid evolution of technologies, the exponential growth in broadband traffic and the increasing demand for advanced very high-capacity connectivity have further accelerated during the COVID-19 pandemic. As a result, the targets laid down in the Digital Agenda in 201031 have mostly been met, but they have also become obsolete. The share of households having access to 30 Mbps internet speeds has increased from 58.1% in 2013 to 90% in 2022. Availability of only 30 Mbps is no longer future-proof and not aligned with the new objectives set in Directive (EU) 2018/1972 of the European Parliament and of the Council32 for ensuring connectivity and widespread availability of very high capacity networks. Therefore, in the Decision (EU) 2022/2481 of the European Parliament and Council33 , the EU set updated targets for 2030 that better correspond to the expected connectivity needs of the future where all European households should be covered by a gigabit network, withend-users should be able to use gigabit services provided by networks at a fixed location deployed up to the network termination point and all populated areas should be covered by a next-generation wireless high-speed networks with performance at least equivalent to that of 5G. _________________ 31 Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions, 19.05.2010, COM(2010)245. 32 Directive (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). 33 Decision (EU) 2022/2481 of the European Parliament and of the Council of 14 December 2022 establishing the Digital Decade Policy Programme 2030 (OJ L 323, 19.12.2022, p. 4).
Amendment 69 #
2023/0046(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) To achieve those targets, there is a need for policies to significantly speed up and lower the costs of the deployment of very high- capacity fixed and wireless networks across the Union, including proper planning, stronger coordination and the reduction of administrative burdensset-up of simplified and streamlined permit procedures as a way of reduction of administrative burdens on both operators and national administrations; to achieve these targets, the lowering of the costs of the deployment of very high-capacity fixed and wireless networks across the Union shall have the corresponding impact on reducing the cost of services for the end user.
Amendment 82 #
2023/0046(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) The measures set out in Directive 2014/61/EU contributed to less costly deployments of high-speed electronic communications networks. However, these measures should be strengthened and streamlined to further reduce costs and speed up network deployment, in accordance with the No Significant Harm Principle (DNSH), where relevant.
Amendment 83 #
2023/0046(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) Measures aiming to make using public and private existing infrastructures more efficient and reduce costs and obstacles in carrying out new civil engineering works should contribute substantially to ensuring a fast and extensive deployment of very high capacity networks, in particular in rural, insular and remote areas, such as islands and mountainous and sparsely-populated regions, as well as the outermost regions and in transport corridors. These measures should maintain effective competition without harming the safety, security, public health, environment and smooth operation of the existing infrastructure.
Amendment 86 #
2023/0046(COD)
Proposal for a regulation
Recital 9 a (new)
Recital 9 a (new)
(9a) Given the increasing number of permits for very high capacity networks, and their predominantly local character, fees for permits for civil works differ significantly between and within Member States. They may also represent a significant part of the cost of deployment, particularly in rural, remote, insular and island areas, where the cost of deployment per user is highest. Member States should ensure that the cost of granting permits is kept at a level, which would not be a disincentive for investment, taking into account the multiplicity of permits often required.
Amendment 87 #
2023/0046(COD)
Proposal for a regulation
Recital 9 b (new)
Recital 9 b (new)
(9b) Policies about, and investments in, high-quality digital infrastructure should aim to ensure connectivity accessible to all and everywhere in the Union, with available internet access, in order to close the digital divide across the Union, with a particular focus on the divide between different geographical areas, in rural and remote areas, such as islands and mountainous and sparsely-populated regions, as well as the outermost regions and in transport corridors.
Amendment 89 #
2023/0046(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) This Regulation aims to strengthen and harmonise rights and obligations applicable across the Union to accelerate the roll-out of very high capacity networks and cross-sector coordination. Due to the persistent fragmentation of electronic communications markets in individual national markets, undertakings providing or authorised to provide electronic communications networks are unable to achieve economies of scale. This can have a strong downstream effect on cross- border trade and services provision, since many services can only be provided where an adequately performant network is in place across the Union. While ensuring an improved level playing field, this Regulation does not prevent national measures in compliance with Union law that serve to promote the joint use of existing physical infrastructure or enable a more efficient deployment of new physical infrastructure by complementing or going beyond the rights and obligations laid down in this Regulation. For example, Member States could extend provisions on civil works coordination also to privately funded projects or require that more information on physical infrastructure or planned civil works is provided to a single information point in electronic format, provided that they do not violate Union law including the provisions of this Regulation.
Amendment 104 #
2023/0046(COD)
Proposal for a regulation
Recital 17
Recital 17
(17) In the absence of a justified exception, physical infrastructure elements owned or controlled by public sector bodies, even when they are not part of a network, can also host electronic communications network elements and should be made accessible to facilitate installing network elements of very high capacity networks, in particular wireless networks. Examples of physical infrastructure elements are buildings, entries to buildings, and any other asset, including street furniture, such as light poles, street signs, traffic lights, billboards, bus and tramway stops and metro stations. It is for Member States to identify specific buildings owned or controlled by public sector bodies in their territories where access obligations cannot apply, for example, for reasons of architectural, historical, religious or natural valuenational security, safety, including road safety, historical, religious or natural value. In order to ensure public acceptance and sustainable deployment, network elements of very high capacity networks, in particular wireless networks, should have minimal visual impact.
Amendment 108 #
2023/0046(COD)
Proposal for a regulation
Recital 18
Recital 18
(18) This Regulation should be without prejudice to any specific safeguard needed to ensure safety and public health, the security and integrity of the networks, in particular critical infrastructure, as defined by national law, and to ensure that the main service provided by the network operator or public sector body is not affected, in particular in networks used for the provision of water intended for human consumption. However, general rules in national legislation prohibiting network operators from negotiating access to physical infrastructures by undertakings providing or authorised to provide electronic communications networks or associated facilities could prevent creating a market for access to physical infrastructure. Such general rules should therefore be abolished. At the same time, the measures set out in this Regulation should not prevent Member States from incentivising utility operators to give access to infrastructure by excluding revenue generated from the access to their physical infrastructure when calculating end-user tariffs for their main activity or activities, in accordance with applicable Union law.
Amendment 110 #
2023/0046(COD)
Proposal for a regulation
Recital 19
Recital 19
(19) In order to ensure legal certainty and avoid disproportionate burdens on network operators resulting from the simultaneous application of two distinct access regimes to the same physical infrastructure, physical infrastructure subject to access obligations imposed by national regulatory authorities or other competent authorities pursuant to Directive (EU) 2018/1972 or access obligations resulting from the application of Union State aid rules should not be subject to access obligations set out in this Regulation for as long as such access obligations remain in place. However, this Regulation should be applicable where a national regulatory authority hasor other competent authorities have imposed an access obligation under Directive (EU) 2018/1972 that limits the use that can be made of the physical infrastructure concerned. For instance, this could occur when an operator planning to connect base stations requests access to existing physical infrastructure to which access obligations are imposed in the market for access to wholesale dedicated capacity37 . _________________ 37 Commission Recommendation (EU) 2020/2245 of 18 December 2020 on relevant product and service markets within the electronic communications sector susceptible to ex ante regulation in accordance with Directive (EU) 2018/1972 of the European Parliament and of the Council establishing the European Electronic Communications Code, 18.12.2020, C(2020) 8750, OJ L 439, 29.12.2020, p. 23.
Amendment 116 #
2023/0046(COD)
Proposal for a regulation
Recital 21
Recital 21
(21) To facilitate the reuse of existing physical infrastructure, where operators request access in a specified area, network operators and public sector bodies that own or control physical infrastructure should make an offer for the shared use of their facilities under fair and reasonable terms and conditions, including price, unless access is refused for objective and justified reasons. Public sector bodies should also be required to offer access under non- discriminatory terms and conditions. Depending on the circumstances, several factors could influence the conditions under which such access is granted. These include: (i) any additional maintenance and adaptation costs; (ii) any preventive safeguards to be adopted to limitavoid adverse effects on network safety, security and integrity; (iii) any specific liability arrangements in the event of damages; (iv) the use of any public subsidy granted for the construction of the infrastructure, including specific terms and conditions attached to the subsidy or provided under national law in compliance with Union law; (v) the ability to deliver or provide infrastructure capacity to meet public service obligations; and (vi) any requirements constraints stemming from national provisions aiming to protect the environment, public health, public security or to meet town and country planning objectives.
Amendment 121 #
2023/0046(COD)
Proposal for a regulation
Recital 24
Recital 24
(24) To ensure consistency of approaches among Member States while taking into account the divergent situation across Member States, the Commission, in close cooperation with the Body of European Regulators for Electronic Communications (BEREC), could provide guidance on applying the provisions on access to physical infrastructure, including but not only on the application of fair and reasonable conditions. The views of stakeholders and in particular of national dispute settlement bodies should be duly taken into account in the preparation of the guidance to ensure as best as possible that such guidance would not be disruptive to well established principles, does not violate national dispute settlement bodies procedural rules, and would not be harmful for further very high capacity networks roll out.
Amendment 124 #
2023/0046(COD)
Proposal for a regulation
Recital 25
Recital 25
(25) Operators should have access to minimum information on physical infrastructure and planned civil works in the area of deployment. This will enable them to effectively plan deploying very high capacity networks and ensure the most effective use of existing physical infrastructure, suitable for rolling out such networks, and planned civil works. Such minimum information is a pre-requisite to assess the potential for using existing physical infrastructure or coordinating the planned civil works in a specific area, as well as to reduce damage to any existing physical infrastructures. In view of the number of stakeholders involved (covering publicly and privately financed civil works as well as existing or planned physical infrastructure) and to facilitate access to that information (across sectors and borders), the network operators and public sector bodies subject to transparency obligations should proactively (rather than upon request) provide and maintain such minimum information via a single information point and to proactively ensure that the minimum information they make available via a single information point is correct and up to date. This will simplify managing requests to access such information and enable operators to express their interest in accessing physical infrastructure or coordinating civil works, for which timing is critical. The minimum information on planned civil works should be provided via a single information point as soon as the information is available to the network operator concerned and, in any event and where permits are required, no later than 3 months before the permit application is first submitted to the competent authorities.
Amendment 129 #
2023/0046(COD)
(30) To ensure proportionality and security, the requirement to provide information on existing physical infrastructure via the single information point need not apply for the same reasons as those justifying a refusal of an access request. In addition, providing information on existing physical infrastructure via the single information point could, in very specific cases, be burdensome or disproportionate for network operators and public sector bodies. This could arise, for example, where the mapping of relevant assets is not yet available and it would be very costly to map or where access requests are expected to be very low in certain areas of a Member State or in respect to certain specific physical infrastructure. Where it appears that providing information is disproportionate based on a detailed cost-benefit analysis, network operators and public sector bodies should not be obliged to provide such information. Member States should conduct such detailed cost-benefit analysis based on a consultation with stakeholders on demand for access to existing physical infrastructure, and the analysis should be updated regularly. The consultation process and its outcome should be made public, and the criteria and conditions used to exempt specific physical infrastructure to be exempted from this obligation should be notified to the Commission.
Amendment 130 #
2023/0046(COD)
Proposal for a regulation
Recital 31
Recital 31
(31) To ensure consistency, the competent bodies performing the functions of the single information point, the national regulatory authorities or other competent authorities fulfilling their tasks under Directive (EU) 2018/1972 or other competent authorities, such as national, regional or local authorities in charge of cadastre or the implementation of Directive 2007/2/EC (INSPIRE), as appropriate, should consult and cooperate with each other. The purpose of such cooperation should be to minimise the efforts in complying with transparency obligations on network operators and public sector bodies, including the undertakings designated with significant market power (‘SMP’ operators), to make information available about their physical infrastructure; Where a different data set on physical infrastructure of the SMP operator is required such cooperation should result in establishing useful interlinks and synergies between the SMP- related database and the single information point and proportionate common practices of data collection and data provision to deliver results that are easily comparable. Cooperation should also aim at facilitating access to information on physical infrastructure, in light of national circumstances. If regulatory obligations are modified or withdrawn, the parties affected should be able to agree on the best solutions to adapt the collection and provision of physical infrastructure data to the newly applicable regulatory requirements.
Amendment 131 #
2023/0046(COD)
Proposal for a regulation
Recital 32
Recital 32
(32) The transparency obligation for the coordination of civil works need not apply to civil works for reasons of national security or in an emergency. This could be the case, for civil works performed if there is a risk of public danger as a result of degradation processes to civil engineering works and their associated installations, which are caused by destructive natural or human factors and are needed to ensure their safety or their demolition. For reasons of transparency, Member States should notify the types of civil works falling under those circumstances to the Commission and publish them via a single information point.
Amendment 133 #
2023/0046(COD)
Proposal for a regulation
Recital 36
Recital 36
(36) To ensure consistency of approaches while taking into account the divergent situation across Member States, the Commission, in close cooperation with the Body of European Regulators (BEREC), could provide guidance on applying the provisions on civil work coordination, including but not only on apportioning of costs. The views of stakeholders and particularly of national dispute settlement bodies should be duly taken into account in the preparation of the guidance to ensure as best as possible that such guidance would not be disruptive to well established principles, does not violate national dispute settlement bodies procedural rules, and would not be harmful for further very high capacity networks roll out.
Amendment 152 #
2023/0046(COD)
Proposal for a regulation
Recital 41
Recital 41
(41) In order to ensure uniform conditions for the implementation of Article 7 of this Regulation, implementing powers should be conferred on the Commission. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council39 . The exemptions from the requirement for permits set out at Union level by way of an implementing act, that could be applied to different categories of infrastructure (such as masts, antennae, poles and underground cables) under certain specified conditions, for which building permits, digging permits or other types of permits may be initially required. They could also be applied to technical upgrades of existing maintenance works or installations, small- scale civil works, such as trenching, and renewals of permits. The Commission should carry out appropriate consultations during its preparatory work, including at expert level. _________________ 39 Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers (OJ L 55, 28.2.2011, p. 13).
Amendment 159 #
2023/0046(COD)
Proposal for a regulation
Recital 45
Recital 45
(45) The prospect of equipping a building with fibregigabit-ready in-building physical infrastructure, an access point or in-building fibre wiring may be considered disproportionate in terms of costs, namely for new single dwellings or buildings undergoing major renovation works. This may be based on objective grounds, such as tailor-made cost estimates, economic reasons linked to the location, or urban heritage conservation or environmental reasons (for example, for specific categories of monuments).
Amendment 160 #
2023/0046(COD)
Proposal for a regulation
Recital 46
Recital 46
(46) Prospective buyers and tenants should be able to identify buildings that are equipped with fibregigabit-ready in-building physical infrastructure, an access point and in-building fibre wiring and that therefore have considerable cost-saving potential. The fibre readiness of buildings should also be promoted. Member States should therefore develop a compulsory ‘fibregigabit- ready’ label for buildings equipped with such infrastructure, an access point and in- building fibre wiring in accordance with this Regulation.
Amendment 162 #
2023/0046(COD)
Proposal for a regulation
Recital 48
Recital 48
(48) In order to contribute to ensuring availability of gigabit networks to end users, new buildings and majorly renovated buildings should be equipped with fibregigabit- ready in-building physical infrastructure, in-building fibre wiring and, in the case of multi-dwelling buildings, an access point. Member States should have a degree of flexibility to achieve this. This Regulation, therefore, does not seek to harmonise rules on related costs, including the recovery of costs of equipping buildings with fibregigabit- ready in-building physical infrastructure, in-building fibre wiring and an access point.
Amendment 163 #
2023/0046(COD)
Proposal for a regulation
Recital 49
Recital 49
(49) In line with the subsidiarity principle and to take national circumstances into account, Member States should adopt the standards or technical specifications necessary for the purpose of equipping newly constructed or majorly renovated buildings with fibregigabit-ready in- building physical infrastructure and in- building fibre wiring; and new or majorly renovated multi-dwelling buildings with an access point. Those standards or technical specifications should set out at least: the building access point specifications; fibre interface specifications; cable specifications; socket specifications; specifications for pipes or micro-ducts; technical specifications needed to prevent interference with electrical cabling, and the minimum bend radius. Member States should make the issuance of building permits conditional on compliance of the relevant new building or major renovation works project requiring a building permit with the standards or technical specifications based on a certified test report. Member States should also set up certification schemes for the purpose of demonstrating compliance with the standards or technical specifications as well as for qualifying for the ‘fibre-gigabit- ready’ label. Moreover, to avoid an increase in red tape related to the certification scheme set up under this Regulation, Member States should take into account the procedural requirements applied to certification schemes pursuant to Directive 2010/31/EU and also consider the possibility to enable the combined launch of both request procedures.
Amendment 165 #
2023/0046(COD)
Proposal for a regulation
Recital 50
Recital 50
(50) In view of the social benefits stemming from digital inclusion and taking into account the economics of deploying very high capacity networks, where there is neither existing passive or active fibregigabit- ready infrastructure serving end users’ premises nor alternatives to providing very high capacity networks to a subscriber, any public communications network provider should have the right to terminate its network to a private premise at its own cost, provided that the impact on private property is minimised, for example, if possible, by reusing the existing physical infrastructure available in the building or ensuring full restoration of the affected areas.
Amendment 166 #
2023/0046(COD)
Proposal for a regulation
Recital 52
Recital 52
(52) To ensure consistency of approaches while taking into account the divergent situation across Member States, the Commission, in close cooperation with BEREC, could provide guidance on the applications of provisions on access to in- building physical infrastructure, including but not only on the terms and conditions thereof. The views of stakeholders and particularly of national dispute settlement bodies should be duly taken into account in the preparation of the guidance to ensure as best as possible that such guidance would not be disruptive to well established principles, does not violate national dispute settlement bodies procedural rules, and would not be harmful for further very high capacity networks roll out.
Amendment 177 #
2023/0046(COD)
Proposal for a regulation
Article 1 – paragraph 3
Article 1 – paragraph 3
3. Member States may maintain or introduce measures in conformity with Union law which contain more detailed provisions than thosemplement or go beyond the rights and obligations set out in this Regulation where they serve to promote the joint use of existing physical infrastructure or enable a more efficient deployment of new physical infrastructure.
Amendment 178 #
2023/0046(COD)
Proposal for a regulation
Article 1 – paragraph 4
Article 1 – paragraph 4
4. By way of exception to paragraph 3, Member States shall not maintain or introduce in their national law provisions diverging from those laid down in Article 3(3) and (6), Article 4(4), Article 5(2) and (4), Article 6(2) and Article 8(7) and (8). The exclusion of Article 5(2) shall not prevent Member States to extend provisions on civil works coordination also to privately finance civil works.
Amendment 189 #
2023/0046(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point 2 – paragraph 1 – point a
Article 2 – paragraph 2 – point 2 – paragraph 1 – point a
(a) any element of a network that is intended to host other elements of a network without becoming an active element of the network itself, such as pipes, masts, ducts, inspection chambers, manholes, cabinets, antenna installations, towers and poles, as well as buildings or entries to buildings, rooftops and any other asset including street furniture, such as light poles, street signs, traffic lights, billboards, bus and tramway stops and metro stations;
Amendment 201 #
2023/0046(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point 8
Article 2 – paragraph 2 – point 8
(8) ‘fibregigabit-ready in-building physical infrastructure’ means in-building physical infrastructure intended to host optical fibre or wireless elements;
Amendment 203 #
2023/0046(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point 10
Article 2 – paragraph 2 – point 10
(10) ‘permit’ means an explicit or implicit decision or set of decisions taken simultaneously or successively by one or several competent authorities that are needed for an undertakingoperator to carry out building or civil engineering works and, after completion in some cases, their use for the intended purpose, necessary for the deployment of elements of very high capacity networks;
Amendment 204 #
2023/0046(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point 11
Article 2 – paragraph 2 – point 11
(11) ‘ building access point’ means a physical point, located inside or outside the building, easily accessible to one or more undertakings providing or authorised to provide public electronic communications networks, where connection to the fibre- ready in-building physical infrastructure is made available.
Amendment 214 #
2023/0046(COD)
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
1. Upon written request of an operator, public sector bodies owning or controlling physical infrastructure or network operators shall meet all reasonable requests for access to that physical infrastructure under fair and reasonable terms and conditions, including price, with a view to deploying elements of very high capacity networks or associated facilities. Public sector bodies owning or controlling physical infrastructure shall meet all reasonable requests for access also under non-discriminatory terms and conditions. Such written requests shall specify the intention to deploy very high capacity network, the elements of the physical infrastructure for which the access is requested, including a specific time frame.
Amendment 224 #
2023/0046(COD)
Proposal for a regulation
Article 3 – paragraph 2 – introductory part
Article 3 – paragraph 2 – introductory part
2. When determining prices as part of fair and reasonable terms and conditions for granting access, network operators and public sector bodies owning or controlling physical infrastructure shall take into account at least the following:
Amendment 234 #
2023/0046(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point c
Article 3 – paragraph 2 – point c
Amendment 241 #
2023/0046(COD)
Proposal for a regulation
Article 3 – paragraph 3 – subparagraph 1 – point a
Article 3 – paragraph 3 – subparagraph 1 – point a
(a) there is a lack of technical suitability of the physical infrastructure to which access has been requested to host any of the elements of very high capacity networks referred to in paragraph 21;
Amendment 242 #
2023/0046(COD)
Proposal for a regulation
Article 3 – paragraph 3 – subparagraph 1 – point b
Article 3 – paragraph 3 – subparagraph 1 – point b
(b) there is a lack of availability of space to host the elements of very high capacity networks or associated facilities referred to in paragraph 21, including after having taken into account the future need for space of the access provider that is sufficiently demonstrated;
Amendment 246 #
2023/0046(COD)
Proposal for a regulation
Article 3 – paragraph 3 – subparagraph 1 – point c
Article 3 – paragraph 3 – subparagraph 1 – point c
(c) the existence of scientifically based safety and public health concerns;
Amendment 258 #
2023/0046(COD)
Proposal for a regulation
Article 3 – paragraph 5
Article 3 – paragraph 5
5. Physical infrastructure which is already subject to access obligations imposed by national regulatory authorities or other competent authorities pursuant to Directive (EU) 2018/1972 or resulting from the application of Union State aid rules shall not be subject to the obligations set out in paragraphs 21, 32 and 4,3 for as long as such access obligations are in place.
Amendment 261 #
2023/0046(COD)
Proposal for a regulation
Article 3 – paragraph 6
Article 3 – paragraph 6
6. Public sector bodies owning or controlling buildings or certain categories of buildings may not apply paragraphs 1, 2 and 3 to those buildings or categories of buildings for reasons of environmental protection, architectural, historical, religious, or natural value, or for reasons of public security, safety and health. Member States shall identify such buildings or categories of buildings in their territories based on duly justified and proportionate reasons. Information on such buildings or categories of buildings shall be published via a single information point and notified to the Commission.
Amendment 266 #
2023/0046(COD)
Proposal for a regulation
Article 3 – paragraph 9
Article 3 – paragraph 9
9. After having consulted stakeholders, the national dispute settlement bodies and other competent Union bodies or agencies in the relevant sectors as appropriate, and having taken into account well-established principles and the divergent situation across Member States the Commission may, in close cooperation with BEREC, provide guidance on the application of this Article.
Amendment 271 #
2023/0046(COD)
Proposal for a regulation
Article 4 – paragraph 1 – subparagraph 4
Article 4 – paragraph 1 – subparagraph 4
Access to the minimum information may be limited only where necessary to ensure the security of certain buildings owned or controlled by public sector bodies, the security of the networks and their integrity, national security, the security of national critical infrastructure, public health or safety, or for reasons of confidentiality or operating and business secrets.
Amendment 275 #
2023/0046(COD)
Proposal for a regulation
Article 4 – paragraph 2
Article 4 – paragraph 2
2. Network operators and public sector bodies shall make available the minimum information referred to in paragraph 1, via the single information point and in electronic format, by [DATE OF ENTRY INTO FORCE + 128 MONTHS]. Under the same conditions, network operators and public sector bodies shall make available promptly any update to that information and any new minimum information referred to in paragraph 1.
Amendment 279 #
2023/0046(COD)
Proposal for a regulation
Article 4 – paragraph 3
Article 4 – paragraph 3
3. Network operators and public sector bodies shall meet reasonable requests for on-site surveys of specific elements of their physical infrastructure upon specificwritten request of an operator. Such requests shall specify the elements of the physical infrastructure concerned with a view to deploying elements of very high capacity networks or associated facilities. On-site surveys of the specified elements of the physical infrastructure shall be granted under proportionate, non- discriminatory and transparent terms within 1 month from the date of receipt of the request, subject to the limitations set out in paragraph 1, fourth subparagraph.
Amendment 280 #
2023/0046(COD)
Proposal for a regulation
Article 4 – paragraph 3 a (new)
Article 4 – paragraph 3 a (new)
3a. Before implementing the SIP, Member States should make a preliminary inventory of existing information/databases to connect these existing sources of information.
Amendment 281 #
2023/0046(COD)
Proposal for a regulation
Article 4 – paragraph 4 – subparagraph 1
Article 4 – paragraph 4 – subparagraph 1
Paragraphs 1, 2 and 3 needshall not apply to critical national infrastructure as defined under national law.
Amendment 282 #
2023/0046(COD)
Proposal for a regulation
Article 4 – paragraph 4 – subparagraph 2 – point b
Article 4 – paragraph 4 – subparagraph 2 – point b
(b) in specific cases where the obligation to provide information about certain existing types of physical infrastructure pursuant to paragraph 1, first subparagraph, would be disproportionate, on the basis of a detailed cost-benefit analysis conducted by Member States and based on a consultation with stakeholders.
Amendment 284 #
2023/0046(COD)
Proposal for a regulation
Article 4 – paragraph 4 – subparagraph 3
Article 4 – paragraph 4 – subparagraph 3
Amendment 291 #
2023/0046(COD)
Proposal for a regulation
Article 5 – paragraph 2 – subparagraph 1
Article 5 – paragraph 2 – subparagraph 1
Any public sector body or network operator when performing or planning to perform directly or indirectly civil works, which are fully or partially financed by public means, shall meet any reasonable written request to coordinate those civil works under transparent and non- discriminatory terms made by operators with a view to deploying elements of very high capacity networks or associated facilities.
Amendment 296 #
2023/0046(COD)
Proposal for a regulation
Article 5 – paragraph 3 – subparagraph 1 – point b
Article 5 – paragraph 3 – subparagraph 1 – point b
(b) the requesting undertaking failed to express its intention to deploy very high capacity networks in the area referred to in point (a) in any of the most recent procedures among those concerns an area referred to in point (a) and the procedures listed in that point covering the period during which the request for coordination is made.
Amendment 298 #
2023/0046(COD)
Proposal for a regulation
Article 5 – paragraph 3 – subparagraph 2
Article 5 – paragraph 3 – subparagraph 2
If a request to coordinate is considered unreasonable on the basis of the first subparagraph, the undertaking providing or authorised to provide public electronic communications networks refusing the coordination of civil works shall deploy physical infrastructure with sufficient capacity at least to host the same network elements as being deployed by the refusing party to accommodate possible future reasonable needs for third-party access.
Amendment 302 #
2023/0046(COD)
Proposal for a regulation
Article 5 – paragraph 4
Article 5 – paragraph 4
4. Paragraphs 2 and 3 needshall not apply to civil works that are limited in scope, such as in terms of value, size or duration, or for critical national infrastructure. Member States shall identify the type of civil works considered to be limited in scope or related to critical national infrastructure based on duly justified and proportionate reasons. Information on such types of civil works shall be published via a single information point and notified to the Commission.
Amendment 303 #
2023/0046(COD)
Proposal for a regulation
Article 5 – paragraph 5
Article 5 – paragraph 5
5. After having consulted stakeholders, the national dispute settlement bodies and other competent Union bodies or agencies in the relevant sectors as appropriate, and having taken into account well-established principles and the divergent situation across Member States the Commission may, in close cooperation with BEREC, provide guidance on the application of this Article.
Amendment 310 #
2023/0046(COD)
Proposal for a regulation
Article 6 – paragraph 1 – subparagraph 3
Article 6 – paragraph 1 – subparagraph 3
Operators shall have the right to access the minimum information referred to in the first subparagraph in electronic format, upon request, via the single information point. The request for access to information shall be submitted in electronic format, via the single information point and shall specify the area in which the requesting operator envisages deploying elements of very high capacity networks or associated facilities. Within 12 week from the date of the receipt of the request for information, the requested information shall be made available under proportionate, non- discriminatory and transparent terms. Access to the minimum information may be limited or refused only to the extent necessary to ensure the security of the networks and their integrity, national security, the security of critical infrastructure, public health or safety, confidentiality or operating and business secrets.
Amendment 314 #
2023/0046(COD)
Proposal for a regulation
Article 6 – paragraph 2
Article 6 – paragraph 2
2. Paragraph 1 needshall not apply to information on civil works limited in scope, such as in terms of value, size or duration, in the case of critical national infrastructure, or for reasons of national security or emergency. Member States shall identify, based on duly justified and proportionate reasons, the types of civil works that would be considered limited in scope or concern critical national infrastructure, as well as the emergencies or the reasons of national security that would justify not being subject to the obligation to provide information. Information on such civil works excluded from transparency obligations shall be published via a single information point and notified to the Commission.
Amendment 317 #
2023/0046(COD)
Proposal for a regulation
Article 7 – paragraph 2
Article 7 – paragraph 2
2. Competent authorities shall make available all information on the conditions and, procedures applicable for granting permits, including rights of way, including any information on exemptions on some or all permits or rights of way required under national or Union law and ways to submit applications in electronic format and retrieve information on the status of the application, via a single information point in electronic format.
Amendment 320 #
2023/0046(COD)
Proposal for a regulation
Article 7 – paragraph 3
Article 7 – paragraph 3
Amendment 368 #
2023/0046(COD)
Proposal for a regulation
Article 7 – paragraph 8
Article 7 – paragraph 8
8. The Commission shall, by means of an implementing act, specify the minimum list of categories of deployment of elements of very high capacity networks or associated facilities that shall not be subject to any permit- granting procedure within the meaning of this Article. This implementing act shall be adopted without prejudice to additional exemptions that may be imposed by Member States. This implementing act shall be adopted by [DATE OF ENTRY INTO FORCE +6 MONTHS], in accordance with the examination procedure referred to in Article 13.
Amendment 374 #
2023/0046(COD)
Proposal for a regulation
Article 7 – paragraph 9
Article 7 – paragraph 9
9. Competent authorities shall not subject the deployment of elements referred to in paragraph 8 to any individual town planning permit or other individual prior permits. By way of derogation, competent authorities may require permits for the deployment of elements of very high capacity networks or associated facilities on buildings or sites of architectural, historical, religious environmental or natural value protected in accordance with national law or where necessary for public safety reasons.
Amendment 380 #
2023/0046(COD)
Proposal for a regulation
Article 7 – paragraph 11 a (new)
Article 7 – paragraph 11 a (new)
11a. The Commission should monitor the effective enforcement of the provisions of this Article at Member State level. Member States should report annually to the Commission whether the deadlines are met.
Amendment 386 #
2023/0046(COD)
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. All buildings at the end user’s location, including elements under joint ownership, newly constructed or undergoing major renovation works, for which applications for building works permits have been submitted after [ENTRY INTO FORCE + 12 MONTHS], shall be equipped with a fibregigabit-ready in-building physical infrastructure up to the network termination points as well as with in- building fibre wiring.
Amendment 394 #
2023/0046(COD)
Proposal for a regulation
Article 8 – paragraph 3
Article 8 – paragraph 3
3. By [ENTRY INTO FORCE + 12 MONTHS], all buildings at the end-users’ location, including elements thereof under joint ownership, undergoing major renovations as defined in point 10 of Article 2 of Directive 2010/31/EU shall be equipped with a fibregigabit-ready in-building physical infrastructure, up to the network termination points, as well as with in- building fibre wiring. All multi-dwelling buildings undergoing major renovations as defined in point 10 of Article 2 of Directive 2010/31/EU shall also be equipped with an access point.
Amendment 406 #
2023/0046(COD)
Proposal for a regulation
Article 8 – paragraph 5
Article 8 – paragraph 5
5. Buildings equipped in accordance with this Article shall be eligible to receive a ‘fibregigabit-ready’ label.
Amendment 408 #
2023/0046(COD)
Proposal for a regulation
Article 8 – paragraph 6
Article 8 – paragraph 6
6. Member States shall set up certification schemes for the purpose of demonstrating compliance with the standards or technical specifications referred to in paragraph 4 as well as for qualifying for the ‘fibre'gigabit-ready’ label provided for in paragraph 5 before [ENTRY INTO FORCE + 12 months]. Member States shall make the issuance of the building works permits referred to in paragraphs 1 and 2 conditional upon compliance with the standards or technical specifications referred to in this paragraph on the basis of a certified test report. , and the use permits of the building for the intended purpose after works are finished on the basis of a certified test report which could include on-site inspection of buildings or a representative sample of them.
Amendment 411 #
2023/0046(COD)
Proposal for a regulation
Article 8 – paragraph 7
Article 8 – paragraph 7
7. Paragraphs 1, 2 and 3 shall not apply to certain categories of buildings, in particular single-dwelling buildings, where compliance with those paragraphs is disproportionate, in particular in terms of costs for individual or joint owners based on objective elements. Member States shall identify such categories of buildings based on duly justified and proportionate reasons.
Amendment 412 #
2023/0046(COD)
Proposal for a regulation
Article 8 – paragraph 8
Article 8 – paragraph 8
8. Paragraphs 1, 2 and 3 need not apply to certain types of buildings, such as specific categories of monuments, historic buildings, military buildings and buildings used for national security purposes, as defined by national law. Member States shall identify such categories of buildings based on duly justified and proportionate reasons. Information on the criteria and conditions applied to identify such categories of buildings shall be published via a single information point and notified to the Commission.
Amendment 414 #
2023/0046(COD)
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. Subject to paragraph 3, first subparagraph, any public electronic communications network provider shall have the right to roll out its network at its own costs up to the building access point.
Amendment 417 #
2023/0046(COD)
Proposal for a regulation
Article 9 – paragraph 3 – subparagraph 1
Article 9 – paragraph 3 – subparagraph 1
Any holder of a right to use the building access point and the in-building physical infrastructure shall meet all reasonable written requests for access to the building access point and the in-building physical infrastructure from public electronic communications network providers under fair and non- discriminatory terms and conditions, including price, where appropriate.
Amendment 420 #
2023/0046(COD)
Proposal for a regulation
Article 9 – paragraph 3 – subparagraph 2
Article 9 – paragraph 3 – subparagraph 2
Any holder of a right to use the building access point or the in-building physical infrastructure may refuse access where access to in-building fibre wiringphysical infrastructure is provided pursuant to obligations imposed under Directive (EU) 2018/1972, under Title II, Chapters II to IV, or made available under fair, reasonable and non- discriminatory terms and conditions, including price.
Amendment 424 #
2023/0046(COD)
Proposal for a regulation
Article 9 – paragraph 4
Article 9 – paragraph 4
4. In the absence of available fibregigabit- ready in-building physical infrastructure, every public electronic communications network provider shall have the right to terminate its network at the premises of the subscriber, subject to the agreement of the subscriber, provided that it minimises the impact on the private property of third parties.
Amendment 426 #
2023/0046(COD)
Proposal for a regulation
Article 9 – paragraph 5
Article 9 – paragraph 5
5. This Article shall be without prejudice to the right to property of the owner of the building access point or the in-building physical infrastructure where the holder of a right to use that infrastructure or building access point is not the owner thereof, and to the right to property of other third parties, such as landowners and building owners.
Amendment 428 #
2023/0046(COD)
Proposal for a regulation
Article 9 – paragraph 5 a (new)
Article 9 – paragraph 5 a (new)
5a. This Article is without prejudice to the right of Member States to maintain or introduce measures falling outside the scope of this Regulation, such as access obligations for in-building cables.
Amendment 429 #
2023/0046(COD)
Proposal for a regulation
Article 9 – paragraph 6
Article 9 – paragraph 6
6. After having consulted stakeholders, the national dispute settlement bodies and other competent Union bodies or agencies in the relevant sectors as appropriate, and having taken into account well-established principles and the divergent situation across Member States the Commission may, in close cooperation with BEREC, provide guidance on the application of this Article.
Amendment 430 #
2023/0046(COD)
Proposal for a regulation
Article 10 – paragraph 3 a (new)
Article 10 – paragraph 3 a (new)
3a. Member States, before implementing the Single Information point, shall conduct a survey in order to identify existing relevant databases to take them into account in order to avoid duplication.
Amendment 432 #
2023/0046(COD)
Proposal for a regulation
Article 10 – paragraph 3 b (new)
Article 10 – paragraph 3 b (new)
3b. Member States shall ensure adequate technical, financial and human resources to support the roll-out and the digitalisation of single information points. The cost driven from the setting-up of the single national digital entry point, single information points and related digital tools needed to comply with provisions in Articles 4, 6 and 7 of this Regulation, may be fully or partly eligible for financial support under Union funds, such as the European Regional Development Fund, the Digital Europe Programme, and the Recovery and Resilience Facility.
Amendment 433 #
2023/0046(COD)
Proposal for a regulation
Article 11 – paragraph 1 – point a
Article 11 – paragraph 1 – point a
(a) where access to existing infrastructure is refused or agreement on specific terms and conditions, including price, has not been reached within 12 month from the date of receipt of the request for access under Article 3;
Amendment 437 #
2023/0046(COD)
Proposal for a regulation
Article 11 – paragraph 2 – subparagraph 1 – point b
Article 11 – paragraph 2 – subparagraph 1 – point b
(b) within onetwo months from the date of the receipt of the dispute settlement request, with respect to disputes referred to in paragraph 1, points (b), (c) and (d).
Amendment 438 #
2023/0046(COD)
Proposal for a regulation
Article 11 – paragraph 2 – subparagraph 2
Article 11 – paragraph 2 – subparagraph 2
Those deadlines may only be extended in exceptional circumstances duly substantiated by the competent national dispute settlement body.
Amendment 440 #
2023/0046(COD)
Proposal for a regulation
Article 12 – paragraph 2
Article 12 – paragraph 2
2. The national dispute settlement body shall act independently and objectively, including in the development of internal procedures and the organisation of staff, shall operate in a transparent and accountable manner in accordance with Union law, and shall not seek or take instructions from any other body in relation to the exercise of the tasks assigned to them under national law implementing Union law. The national dispute settlement body shall be legally distinct, and functionally independent of any network operator and any public sector body owning or controlling physical infrastructure involved in the dispute. Member States that retain ownership or control of network operators shall ensure effective structural separation of the functions related to the national dispute settlement procedures and those of the single information point from activities associated with ownership or control. Only appeal bodies shall have the power to suspend or overturn decisions of the national regulatory authorities.
Amendment 443 #
2023/0046(COD)
Proposal for a regulation
Article 12 – paragraph 7
Article 12 – paragraph 7
7. The competent bodies shall exercise their powers impartially, transparently and in a timely manner. Member States shall ensure that they shall have adequate technical, financial and human resources to carry out the tasks assigned to them. In order to fulfil their tasks, competent bodies may be fully or partly eligible for financial support under Union funds, such as the European Regional Development Fund, the Digital Europe Programme, and the Recovery and Resilience Facility.
Amendment 447 #
2023/0046(COD)
Proposal for a regulation
Article 15 – paragraph 1
Article 15 – paragraph 1
1. By [DATE OF ENTRY INTO FORCE + 5 YEARS], the Commission shall present a report to the European Parliament and the Council on the implementation of this Regulation. The report shall include a summary of the impact of the measures set out in this Regulation and an assessment of the progress towards achieving its objectives, including in particular its impact on the objective of a fast and extensive deployment of very high capacity networks, in rural, insular and remote areas, such as islands and mountainous and sparsely-populated regions, and whether and how the Regulation could further contribute to achieving the connectivity targets set out in the Decision establishing the Digital Decade Policy Programme 2030.
Amendment 9 #
2022/2140(INI)
Draft opinion
Recital A a (new)
Recital A a (new)
Aa. Whereas only 22% of workers in the transport sector are women while at the same time the transport sector suffers of considerable shortage of workers in all transport modes;
Amendment 14 #
2022/2140(INI)
Draft opinion
Recital A b (new)
Recital A b (new)
Ab. Whereas making the transport sector more attractive for women would be beneficial for all workers and would improve its resilience and sustainability;
Amendment 15 #
2022/2140(INI)
Draft opinion
Recital A c (new)
Recital A c (new)
Ac. Whereas the main barriers to attract and retain women in the transport sector are a dominant culture of masculinity and gender stereotypes, discrimination and unequal treatment at work, lack of work-life-balance and ‘the care trap’ for women, deficiencies in provision for women’s health and safety at work including access to decent sanitary facilities, high levels of violence and harassment against women in the work place;
Amendment 16 #
2022/2140(INI)
Draft opinion
Recital A d (new)
Recital A d (new)
Ad. Whereas shift work is widespread in transport and often entails late night working including the travel to and from work; whereas ILO Convention C190 concerning the elimination of violence and harassment in the world of work applies to commuting to and from work;
Amendment 20 #
2022/2140(INI)
Ba. whereas sexual harassment toward women, whether they are walking on the street, taking buses, or riding trains, is a major problem that has a very serious impact on women’s travel behaviour; whereas fear of harassment in public space is not only limited to women and girls, it is also prevalent in the LGBTQI community limiting their access to other services especially jobs, health care facilities, and education;
Amendment 22 #
2022/2140(INI)
Draft opinion
Recital B b (new)
Recital B b (new)
Bb. Whereas, women tend to walk more and make greater use of public transport;
Amendment 28 #
2022/2140(INI)
Draft opinion
Recital C a (new)
Recital C a (new)
Ca. Whereas women's mobility patterns are often more complex than those of men as they often require different means of transport when they engage in care work within families
Amendment 35 #
2022/2140(INI)
Draft opinion
Recital D a (new)
Recital D a (new)
Da. Whereas among the 384 transport sector-related measures in the national Recovery Plans of 23 Member States, zero measures included priority ‘Improve conditions and attractiveness of working in transport’ and zero measures included priority ‘Gender equality’;
Amendment 40 #
2022/2140(INI)
Draft opinion
Recital D b (new)
Recital D b (new)
Db. Whereas mobility poverty presents a gender dimension as women more often than men have no alternatives to public transports and working conditions are more disadvantageous for women in the EU than for men;
Amendment 84 #
2022/2140(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Calls on the Commission to considerintroduce gender-related provisions in all relevant legislation, in order to address gender based discrimination and inequalities, and ensure a safe working environment for women in all transport modes, as well as any necessary preventive and dissuasive measures (e.g. safe and secure parking areas); calls, furthermore, on the Commission to promote a gender- balance approach to health and safety at work including gender-specific risk assessment of the workplace, safe access to adequate sanitary facilities at the work place and along transport infrastructure including the necessary breaks and measures for emergency situations, such as camera surveillance systems and emergency call buttons in places where they are needed, such as unattended charging stations, enabling an immediate connection to local emergency services, as recently envisaged in the proposal for a new Alternative Fuels Infrastructure Regulation3 ; _________________ 3 Proposal for a Regulation of the European Parliament and of the Council on the deployment of alternative fuels infrastructure, and repealing Directive 2014/94/EU of the European Parliament and of the Council (COM(2021)0559).
Amendment 93 #
2022/2140(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
Amendment 95 #
2022/2140(INI)
Draft opinion
Paragraph 2 b (new)
Paragraph 2 b (new)
2b. Calls on the Commission and Members States to ensure the implemention of legislation related to a better work-life-balance, pay transparency and the elimination of the gender pay gap also in transport;
Amendment 107 #
2022/2140(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Calls on Member States to use RRF funds to make the transport sector more attractive and safe and for women workers;
Amendment 110 #
2022/2140(INI)
Draft opinion
Paragraph 3 b (new)
Paragraph 3 b (new)
3b. Calls on Member States and regional and local authorities to take into account the caregivers’ mobility needs when planning public transport timetables and connections prioritising local area transport plans and ensuring busses and trains and trams are designed considering caregivers' needs;
Amendment 115 #
2022/2140(INI)
Draft opinion
Paragraph 3 c (new)
Paragraph 3 c (new)
3c. Calls on the Member States to involve women's and organisations LGBTQI associations into the process of transport planning and to train transport staff and transport security staff on gender based violence and sexual harassment; calls on the Commission to adopt guidelines for inclusive transport infrastructures and to support campaigns against gender-based violence and sexual harassment in public transport and increase awareness on the matter;
Amendment 120 #
2022/2140(INI)
Draft opinion
Paragraph 3 d (new)
Paragraph 3 d (new)
3d. Calls on the Commission and Member States to make affordable, reliable and efficient public transport a priority of transport policy, which will help guarantee women’s access to employment and social life;
Amendment 125 #
2022/2140(INI)
Draft opinion
Paragraph 3 e (new)
Paragraph 3 e (new)
3e. Call on Member States to consider gender differentiated levels of risk to users in the design of footways, pedestrian crossing facilities and road junctions;
Amendment 6 #
2022/0212(BUD)
Draft opinion
Recital B
Recital B
B. Whereas transport is key to achieving climate neutrality by 2050; whereas more investment is needed to accelerate the shift to sustainable and smart mobility in line with the Green Deal in an inclusive and socially just manner;
Amendment 9 #
2022/0212(BUD)
Draft opinion
Recital C
Recital C
C. Whereas tourism is an essential sector for the Union economy, and an accelerator of growth for many other sectors, plays an important role in fostering its competitiveness, employment and social well-being especially in areas that are overly dependent on tourism and contributes to territorial cohesion;
Amendment 10 #
2022/0212(BUD)
Draft opinion
Recital C
Recital C
C. Whereas tourism is an essential sector for the Union economy, contributing directly and indirectly to more than 10% of EU's GDP and accounting for more than 11% of the workforce, and plays an important role in fostering its competitiveness, employment and social well-being;
Amendment 12 #
2022/0212(BUD)
Draft opinion
Recital D
Recital D
D. Whereas the transport and tourism sectors were among the hardest hit by the COVID-19 crisis and are now affected by the Russian war against Ukraine; whereas, as a result millions of jobs have been lost or are under threat; whereas the Union transport sector needs to become independent from Russian fossil energy sources;
Amendment 14 #
2022/0212(BUD)
Draft opinion
Recital D a (new)
Recital D a (new)
D a. Whereas the severe travel disruptions in many EU airports including thousands of flight cancellations, lost luggage, severe delays etc. are mainly due to significant staff shortages in the sector;
Amendment 30 #
2022/0212(BUD)
Draft opinion
Paragraph 3
Paragraph 3
3. Stresses the rolepotential of the Recovery and Resilience Facility and related national plans in stimulating recovery in the transport and tourism sectors; is concerned however that the percentage of funds in many national plans dedicated to supporting tourism are far less than the real needs of the sector following two years of pandemic and that in some cases, SMEs are largely excluded from benefiting from RRF support; regrets that social aspects, such as fair, accessible and just mobility and transport sector worker conditions are not sufficiently covered in the national plans; calls therefore on the Commission and Member States to include social aspects as a crosscutting priority for the different transport sector measures;
Amendment 34 #
2022/0212(BUD)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. Regrets however that the percentage of funds in many national plans available to supporting tourism are not sufficient to cover the real needs of the sector following two years of pandemic and that in some cases, SMEs are largely excluded by the design of the national plans from benefiting from RRF support; calls therefore on Member States to make sure that their national plans provide the appropriate recovery stimulus to the tourism sector taking into account the needs of SMEs that make up 90% of the enterprises in the sector;
Amendment 36 #
2022/0212(BUD)
Draft opinion
Paragraph 3 b (new)
Paragraph 3 b (new)
3 b. Regrets that social aspects, such as fair, accessible and just mobility and transport sector worker conditions are not sufficiently covered in the national plans; calls therefore on the Commission and Member States to include social aspects as a crosscutting priority for the different transport sector measures;
Amendment 58 #
2022/0212(BUD)
Draft opinion
Paragraph 8
Paragraph 8
8. Reiterates Parliament’s request for the creation of a specific programme on sustainable Union-wide tourism ofsupported by a specific budget line that reflects both the importance of the sector in the Union economy and its needs;
Amendment 222 #
2022/0066(COD)
Proposal for a directive
Recital 4
Recital 4
(4) This Directive should apply to criminal conduct which amounts to violence against women or domestic violence, as criminalised under Union or national law. This includes the criminal offences defined in this Directive, namely rape, female genital mutilation, the non- consensual sharing of intimate or manipulated material, cyber stalking, cyber harassment, cyber incitement to violence or hatred and criminal conduct covered by other Union instruments, in particular Directives 2011/36/EU36 and 2011/93/EU37 of the European Parliament and of the Council, which define criminal offences concerning the sexual exploitation of children and trafficking of human beings for the purpose of sexual exploitation. Lastly, certain criminal offences under national law fall under the definition of violence against women. This includes crimes such as femicide, sexual harassment, sexual abuscoercive control, sexual abuse, sexual violence including rape, stalking, early and forced marriage, forced abortion, forced contraception forced sterilisation and different forms of cyber violence, such as online sexual harassment, cyber bullying or the unsolicited receipt of sexually explicit material. Domestic violence is a form of violence which may be specifically criminalised under national law or covered by criminal offences which are committed within the family or domestic unit or between former or current spouses or partners, whether or not the perpetrator shares or has shared the same residence with the victim.. _________________ 36 Directive 2011/36/EU of the European Parliament and of the Council of 5 April 2011 on preventing and combating trafficking in human beings and protecting its victims, OJ L 101, 15.4.2011, p. 1–11. 37 Directive 2011/93/EU of the European Parliament and of the Council of 13 December 2011 on combating the sexual abuse and sexual exploitation of children and child pornography, and replacing Council Framework Decision 2004/68/JHA, OJ L 335, 17.12.2011, p. 1– 14.
Amendment 231 #
2022/0066(COD)
Proposal for a directive
Recital 4 a (new)
Recital 4 a (new)
(4a) Certain forms of institutional violence may be also specifically recognised under national law including in particular forms of violence such as obstetric violence, denial of sexual and reproductive health and rights including forced pregnancy, and forced contact or forced visitation when they allow revictimisation, continuation of domestic violence, sexual violence and/or vicarious violence over the children of the victim.
Amendment 254 #
2022/0066(COD)
Proposal for a directive
Recital 7
Recital 7
(7) Violence against women isn a persisting manifestation of structural discrimination against women, resultingll its forms, constitutes a violation of human rights entrenched in gender inequality, which it helps to perpetuate and reinforce, and an extreme form of structural discrimination against women, resulting from gender stereotypes about the roles and capabilities of women and men and from historically unequal power relations between women and men in societies. It is a form of gender-based violence, which is inflicted primarily on women and girls, by men. It is rooted in the socially constructed roles, behaviours, activities and attributes that a given society considers appropriate for women and men, generally referred to under the term ‘gender’. It remains widespread and affects women at all levels of society, regardless of age, education, income, social position or country of origin or residence, and it is one of the most serious obstacles to achieving gender equality.
Amendment 271 #
2022/0066(COD)
Proposal for a directive
Recital 8
Recital 8
(8) Domestic violence and intimate partner violence is a serious social problem which often remains hidden. It can lead to serious psychological and physical trauma with severe consequences because the offender typically is a person known to the victims, whom they would expect to be able to trust. Such violence can take on various forms, including physical, sexual, psychological and economic. Domestic violence and intimate partner violence may occur whether or not the offender shares or has shared a household with the victim.
Amendment 324 #
2022/0066(COD)
Proposal for a directive
Recital 14
Recital 14
(14) Rape should explicitly include all types of sexual penetration, with any bodily part or object. The lack of explicit consent should be a central and constitutive element of the definition of rape, given that frequently no physical violence or use of force is involved in its perpetration. Initial explicit consent should be withdrawable at any given time during the act, in line with the sexual autonomy of the victim, and should not automatically imply consent for future acts. Non-consensual sexual penetration should constitute rape evenincluding where committed against a spouse or intimate partner.
Amendment 334 #
2022/0066(COD)
Proposal for a directive
Recital 15
Recital 15
(15) With regard to offences amounting to rape, first-offenders and offenders who have been previously convicted of offences of the same nature should be obliged to participate in intervention programmes to mitigate the risk of recidivism.
Amendment 397 #
2022/0066(COD)
Proposal for a directive
Recital 23 a (new)
Recital 23 a (new)
(23a) A gender-sensitive perspective must be adopted for the implementation and evaluation of this Directive. A gender sensitive perspective means the structural understanding of the roots of violence against women and domestic violence, as a systemic phenomenon, and a result of pervasive inequality and discrimination against women which provides a breeding ground for tolerance towards violence against women. Any measures taken to prevent and combat violence against women need to promote equality between women and men as only substantive equality will prevent such violence in the future. Gender-sensitive policies, including gender-sensitive prevention programmes and protection services must take into account the root causes of this type of violence and also the specific context in which it takes place: the perpetrator-victim relationship, the role of (concealed) power, coercion and control throughout the process of violence, and the distinct consequences and impact of violence on women. This perspective should be incorporated in all protocols, guidelines and procedures system-wide for all frontline services. Specialist services referred hereafter are those that adopt and have expertise in applying this structural perspective. Gender-neutral approaches to preventing and combating violence against women and domestic violence shall be avoided.
Amendment 403 #
2022/0066(COD)
Proposal for a directive
Recital 24
Recital 24
(24) Victims should be able to report crimes of violence against women or domestic violence easily without being subject to secondary or repeat victimisation. To this end, Member States should in addition to in-person reporting provide the possibility to submit complaints online or through other information and communication technologies for the reporting of such crimes. Victims of cyber violence should be able to upload materials relating to their report, such as screenshots of the alleged violent behaviour.
Amendment 406 #
2022/0066(COD)
Proposal for a directive
Recital 25
Recital 25
(25) In the case of domestic violence and violence against women, especially when committed by close family members or intimate partners, victims may be under such duress by the offender that they fear to reach out to the competent authorities, even if their lives are in danger. Therefore, Member States should ensure their confidentiality rules do not constitute an obstacle for relevant professionals, such as healthcare professionals, to report to the competent authorities, where they have reasonable grounds to believe that the life of the victim is at an imminent risk of serious physical harm. Similarly, instances of domestic violence or violence against women affecting children are often only intercepted by third parties noticing irregular behaviour or physical harm to the child. Children need to be effectively protected from such forms of violence and adequate measures promptly taken. Therefore, relevant professionals coming in contact with child victims or potential child victims, including healthcare or education professionals, should equally not be constrained by confidentiality where they have reasonable grounds to believe that serious acts of violence under this Directive have been committed against the child or further serious acts are to be expected. Where professionals report such instances of domestic violence, Member States should ensure that theyincluding intimate partner violence or violence against women affecting children, victims must be duly informed; a gender-sensitive and child-competent risk assessment and risk management conducted, and tailored safety, protection and support measures adopted immediately regardless of the level of risk. Member States should ensure that professionals who report such instances of violence are not held liable for breach of confidentiality.
Amendment 425 #
2022/0066(COD)
Proposal for a directive
Recital 29
Recital 29
(29) When assessing the victim’s protection and support needs, the primary concern should lie in safeguarding the victim’s rights, safety and needs, and providing tailored protection and support, taking into account, among other matters, the individual circumstances of the victim. Such circumstances requiring special attention could include any substance abuse by the victim or the perpetrator, the victim’s disabilities, the victim’s pregnancy or the victim’s economic dependence on or relationship tor dependence for her migration status to the offender, or the victim having a common child with the offender.
Amendment 431 #
2022/0066(COD)
Proposal for a directive
Recital 30
Recital 30
(30) In order to ensure comprehensive and appropriate support and protection to victims, a standardised approach to risk assessment that promotes a shared understanding of risk across the system, and a common language to communicate risk, must be adopted. All competent authorities and relevant bodies, not limited to law enforcement and judicial authorities, such as specialised courts or sections for domestic violence cases, should be involved in assessing the risks for victims and appropriate support and protection measures on the basis of gender-sensitive and culturally competent risk assessment protocols and clear guidelines issued by the Member States. Such guidelines should include factors to be taken into consideration when assessing the risk emanating from the specificities of the forms of violence covered in this Directive, including coercive control mechanisms and from the offender or suspect, including the consideration that suspects charged with minor offences are as likely to be dangerous as those charged with more severe offences, especially in cases of domestic violence, harassment and stalking. Specialized training for frontline professionals on the use of risk assessment tools should be mandatory. The assessment should be revised at important junctures in the process, such as the commencement of a court case, the handing down of a judgment or discussions as to the revision of custody arrangements.
Amendment 498 #
2022/0066(COD)
Proposal for a directive
Recital 45
Recital 45
(45) ATailored assistance and support to victims of violence against women and domestic violence should be available and provided before, during and for an appropriate period after the criminal proceedings have endafter the violence occurred, for example where medical treatment is still needed to address the severe physical or psychological consequences of the violence, or if the victim’s safety is at risk by the perpetrator in particular due to the statements made by the victim in those proceedings.
Amendment 509 #
2022/0066(COD)
Proposal for a directive
Recital 47
Recital 47
(47) Specialist support should offer victims support tailored to their specific needs, and irrespective of any official complaint. Such services couldmust be provided in addition to, or as an integrated part of, general victim support services, which may call on existing entities providing specialist support general victim support services. General victim support services must cooperate with women's specialist support in providing services and develop clear, commonly agreed referral pathways between general and specialist support services to refer victims of violence against women and girls to services. Specialist support mayust be provided by national authorities, victims’ specialist support organisations, or other non- governmental organisations. They should be granted with relevant gender-specific expertise and knowledge. Member States should ensure sufficient human and financial resources and, where the services are provided byfor specialist support services and non- governmental organisations, Member States should ensure that they receive appropriate funds are provided.
Amendment 527 #
2022/0066(COD)
Proposal for a directive
Recital 49
Recital 49
(49) Specialist support services for victims, including shelters and rape crisis centres, should be considered essential during crises and states of emergency, including during health crises. These services should continue to be offered in these situations, where instances of domestic violence and violence against women tend to surge. These services should be appropriate and fully accessible for girls and women with disabilities. Specialised court accompaniment and legal assistance must be available and offered to all victims during criminal and civil proceedings.
Amendment 571 #
2022/0066(COD)
Proposal for a directive
Recital 55
Recital 55
(55) In order to ensure the safety of children during possible visits with an offender or suspect who is a holder of parental responsibility with rights of accesMember states shall take measures to ensure that, in determination of custody and contact or visitation rights of children, judicial authorities take into account incidents of violence against women and domestic violence and the results of the risk assessments concerning the non- abusive parent and the child victim, including child witnesses and orphans. Member States shall put in place measures to ensure that the exercise of any visitation or custody rights does not jeopardise the rights and safety of the victim or children. The rights or claims of perpetrators or alleged perpetrators during and after judicial proceedings, with respect to property, privacy, child custody, access, contact and visitation, should be determined in the light of women’s and children’s human rights to life and physical, sexual and psychological integrity and guided by the principle of the best interests of the child. Failing to address violence against women and domestic violence in custody rights and visitation decisions is a violation by neglect of the human rights to life, to a life without violence, and to the healthy development of women and children. Member states should ensure the recognition of witnessing violence against a close person as jeopardising the best interest of the child; The best interest of the child and children's views should be of primary consideration and prevail over any perpetrators’ or suspects rights and also over any visiting rights of other persons having ties with the children. Where there is a reasonable doubt concerning safe contact with the child from both a physical and emotional perspective, visiting and custody rights of the abusive parent shall be suspended. In cases of visitations rights of a suspect who is a holder of parental responsibility with rights of access, only when visits are considered to be adequate and in the interest of the child, and in order to ensure the safety of children and victims during possible visits, Member States should ensure that supervised neutral places, including child protection or welfare offices, are made available so that such visits can take place there in the best interests of the child. Supervised neutral places for visits with a suspect should always ensure the safety of both the child and the non-abusive holder of parental responsibility where relevant. If needed, the visits should take place in the presence of child protection or welfare officials. Where it is necessary to provide for interim accommodation, children should as a priority be accommodated together with the holder of parental responsibility who is not the offender or suspect, such as the child’s mother. The best interest of the child should be always taken into account. Where necessary, Member States shall ensure that judicial authorities act without delay to remove visiting rights permanently from perpetrators that continue to offend or do not engage in long term meaningful parenting programmes leading to improved outcomes for children. The withdrawal of the custody and visitation rights of the violent partner and awarding exclusive custody to the mother, if she is a victim of violence, can represent the only way to prevent further violence and the secondary victimisation.
Amendment 577 #
2022/0066(COD)
Proposal for a directive
Recital 55 a (new)
Recital 55 a (new)
(55a) The use, assertion and acceptance of non-scientific theories and concepts in custody cases which punish mothers who attempt to report cases of child abuse or gender-based violence by preventing them from obtaining custody or by restricting their parental rights should be prevented. Parental alienation and similar concepts and terms should be rejected, as they lack the necessary scientific justification, and are often used in the context of intimate partner violence, as a strategy against victims of violence, putting into question victims’ parental skills, dismissing their word and disregarding the violence to which children are exposed. Member States should not recognize the parental alienation syndrome in their judicial practice and law and should prohibit its use in court proceedings, during the investigations to determine the existence of violence;
Amendment 581 #
2022/0066(COD)
Proposal for a directive
Recital 55 b (new)
Recital 55 b (new)
(55b) Member States should ensure that cases of violence against women, including domestic violence are under no circumstances referred to any alternative dispute resolution procedure, such as mediation either before or during the judicial proceedings, in order to avoid further harm to the victims.
Amendment 583 #
2022/0066(COD)
Proposal for a directive
Recital 55 c (new)
Recital 55 c (new)
(55c) Member States shall take measures to prevent the bias in the determination/interpretation of “the best interest of the child” principle, namely, to maintain contact with both parents or their relatives at all costs, regardless of the violence children have witnessed, with detrimental and dangerous effects for both the child and the other parent. The right of every child to maintain contact with both parents should be restricted if necessary, in the best interests of the child;
Amendment 585 #
2022/0066(COD)
Proposal for a directive
Recital 55 d (new)
Recital 55 d (new)
(55d) Member states should take measures to ensure that in determination of custody and contact or visitation rights, judicial authorities take into account the child’s right to breastfeeding, so that mother and child will not be separated for lengthy periods or overnight and the breastfeeding relationship is protected in the best interest of the child.
Amendment 602 #
2022/0066(COD)
Proposal for a directive
Recital 58
Recital 58
(58) Member States should ensure that preventive measures, such as long-term awareness- raising campaigns promoting pro-social behaviours, are taken to counter violence against women and domestic violence. Prevention should also take place in formal education, in particular, through strengthening sexuality education and socio-emotional competencies, empathy and developing healthy and respectful relationships. All preventive measures need to be grounded in human rights and gender equality and based on the social- ecological model of violence and empirical evidence of their effectiveness and should be carried out by qualified prevention workers.
Amendment 634 #
2022/0066(COD)
Proposal for a directive
Recital 61
Recital 61
(61) In order to counteract underreporting, Member States should also liaise with law enforcement authorities in the development of mandatory trainings in particular regarding harmful gender stereotypes, but also in the prevention of offences, given their typical close contact with groups at risk of violence and victims.
Amendment 694 #
2022/0066(COD)
Proposal for a directive
Article 4 – paragraph 1 – point a
Article 4 – paragraph 1 – point a
(a) “violence against women” means gender-based violence,is understood as a violation of human rights and an extreme form of discrimination against women, and means all acts of gender-based violence, resulting from gender stereotypes that isare directed against a woman or a girl because she is a woman or a girl or that affects women or girls disproportionately, including all acts of such violence that result in, or are likely to result in, physical, sexual, psychological or economic harm or suffering, including threats of such acts, coercion or arbitrary deprivation of liberty, whether occurring in public or in private life;
Amendment 718 #
2022/0066(COD)
Proposal for a directive
Article 4 – paragraph 1 – point b a (new)
Article 4 – paragraph 1 – point b a (new)
(ba) "intimate partner violence" means all acts of violence that result in, or are likely to result in, physical, sexual, psychological or economic harm or suffering between former or current spouses or partners, whether or not the perpetrator shares or has shared a residence with the victim;
Amendment 722 #
2022/0066(COD)
Proposal for a directive
Article 4 – paragraph 1 – point b b (new)
Article 4 – paragraph 1 – point b b (new)
Amendment 749 #
2022/0066(COD)
Proposal for a directive
Article 4 – paragraph 1 – point j a (new)
Article 4 – paragraph 1 – point j a (new)
(ja) "gender-sensitive policies" means all policies that take into account the specific needs and lived experiences of women and girls as well as the particularities pertaining to the lives of women and men, in all their diversity, while aiming to eliminate inequalities and promote gender equality, including an equal distribution of resources, thus taking into account the gender dimension.
Amendment 752 #
2022/0066(COD)
Proposal for a directive
Article 4 a (new)
Article 4 a (new)
Article 4a Gender sensitive policies Member States shall include a gender- sensitive perspective in the implementation and evaluation of this Directive. A gender sensitive perspective means the structural understanding of the roots of violence against women and domestic violence, as a systemic phenomenon, and a result of pervasive inequality and discrimination against women which provides a breeding ground for tolerance towards violence against women. Any measures taken to prevent and combat violence against women need to promote equality between women and men as only substantive equality will prevent such violence in the future. Gender-sensitive policies, including gender-sensitive prevention programmes and protection services must to take into account the root causes of this type of violence and also the specific context in which it takes place: the perpetrator victim relationship, the role of power, coercion and control throughout the process of violence, and the distinct consequences and impact of violence on women. This perspective should be incorporated in all protocols, guidelines, trainings and procedures system-wide for all frontline services. Specialist services referred hereafter are those that adopt and have expertise in applying this structural perspective.
Amendment 923 #
2022/0066(COD)
Proposal for a directive
Article 13 – paragraph 1 – introductory part
Article 13 – paragraph 1 – introductory part
In so far as the following circumstances do not already form part of the constituent elements of the criminal offences referred to in Articles 5 to 10, Member States shall take measures to ensure that they may be regarded as aggravating circumstances in relation to those offences:
Amendment 994 #
2022/0066(COD)
Proposal for a directive
Article 16 – paragraph 2
Article 16 – paragraph 2
2. Member States shall take the necessary measures to encourage any person who knows about or suspects, in good faith, that offences of violence against women or domestic violence have occurred, or that further acts of violence are to be expected, to report this to the competent authorities. Member States shall guarantee that the woman-victim of violence is safely informed about these third-party reports in advance and that an adequate risk assessment, risk management and safety planning are implemented by competent authorities before active steps are taken against the perpetrator to ensure the safety of the woman and her children.
Amendment 1013 #
2022/0066(COD)
Proposal for a directive
Article 16 – paragraph 4
Article 16 – paragraph 4
4. Where children report criminal offences of violence against women or domestic violence, Member States shall ensure that the reporting procedures are safe, confidential, designed and accessible in a child-friendly manner and language, in accordance with their age and maturity. If the offence involves the holder of parental responsibility, Member States shouldall ensure that reporting is not conditional upon this person’s consent and that there is no obligation on the competent authorities to immediately inform that holder of parental responsibility.
Amendment 1037 #
2022/0066(COD)
Proposal for a directive
Article 17 – paragraph 4
Article 17 – paragraph 4
4. The competent authorities shall promptly refer victims to relevant health care professionals or specialist support services referred to in Articles 27, 28 and 29 to assist in securing evidence, in particular in cases of sexual violence, where the victim wishes to bring charges and make use of such services. Victims shall not be pressured to bring charges or report the offence to the authorities. Victims shall be provided with information on what options are available to them in securing evidence for an eventual criminal procedure, taking into consideration their actual physical and mental state and trauma.
Amendment 1076 #
2022/0066(COD)
Proposal for a directive
Article 18 – paragraph 5 – point c a (new)
Article 18 – paragraph 5 – point c a (new)
(ca) measures initiating the restriction or withdrawal of parental rights, in the best interest of the child, especially to provide protection and safety of victims.
Amendment 1082 #
2022/0066(COD)
Proposal for a directive
Article 18 – paragraph 6
Article 18 – paragraph 6
6. The individual assessment shall be undertaken in collaboration with all relevant competent authorities depending on the stage of the proceedings, and relevant support services, such as victim protection centrwomen's specialist services, and women’s shelters, social services and healthcare professionalother relevant actors, such as social services, child welfare services healthcare professionals, and other relevant victim protection centres.
Amendment 1099 #
Amendment 1106 #
2022/0066(COD)
Proposal for a directive
Article 20 – paragraph 1
Article 20 – paragraph 1
1. If the assessments referred to in Articles 18 and 19 have identified specific support or protection needs or if the victim requests support, Member States shall ensure that support services safely contact victims to offer support, only with the victim’s knowledge and consent.
Amendment 1110 #
2022/0066(COD)
Proposal for a directive
Article 20 – paragraph 2
Article 20 – paragraph 2
2. The competent authorities shall respond to requests for protection and support in a timwithout delay and in a coordinated manner. Such authorities should be empowered to inform proceedings dealing with access and custody by relevant statute.
Amendment 1122 #
2022/0066(COD)
Proposal for a directive
Article 20 a (new)
Article 20 a (new)
Article 20a Custody, visitation rights and safety 1. Member States shall take the necessary legislative and other measures to ensure that, in the determination of custody and visitation rights of children, incidents of violence covered by the scope of this Directive are taken into account. 2. Member states shall take the necessary legislative and other measures to ensure that the exercise of any visitation or custody rights does not jeopardise the rights and safety of the victim or children.
Amendment 1159 #
2022/0066(COD)
Proposal for a directive
Article 23 – paragraph 1 – point a
Article 23 – paragraph 1 – point a
(a) how to ensure the proper identification of all forms of such violence; and its mechanisms, including manipulation, psychological violence, coercive control, the relevance of intimate partner violence to children’s rights, their protection and their well-being.;
Amendment 1169 #
2022/0066(COD)
Proposal for a directive
Article 23 – paragraph 1 – point c
Article 23 – paragraph 1 – point c
(c) how to best communicate with and treat victims in a trauma-, gender- and child-sensitive manner;
Amendment 1181 #
2022/0066(COD)
Proposal for a directive
Article 23 – paragraph 1 – point f a (new)
Article 23 – paragraph 1 – point f a (new)
(fa) how to prevent the use or acceptance of non-scientific theories and concepts, such as parental alienation and similar concepts, in custody cases which punish mothers who attempt to report cases of child abuse or gender-based violence, during the investigations to determine the existence of violence;
Amendment 1248 #
2022/0066(COD)
(-a) immediate gender-sensitive support including, safe shelter, psychosocial support, legal advice and assistance, and economic empowerment
Amendment 1249 #
2022/0066(COD)
Proposal for a directive
Article 27 – paragraph 1 – point -a a (new)
Article 27 – paragraph 1 – point -a a (new)
(-aa) referrals to adequate specialist services including, but not limited to, rape crisis centre, women’s support centers, women’s shelters, sexual violence referral centers, and primary prevention services;
Amendment 1326 #
2022/0066(COD)
Proposal for a directive
Article 28 – paragraph 3
Article 28 – paragraph 3
3. Member States shall ensure a sufficient geographical distribution and capacity of these services across the Member State with particular attention to making services accessible to women in rural and remote areas in a safe and confidential manner.
Amendment 1407 #
2022/0066(COD)
Proposal for a directive
Article 33 a (new)
Article 33 a (new)
Article 33a Safeguards for the best interests of children 1. Member States shall take the necessary legislative or other measures to ensure that the consequences for children of violence against women and domestic violence are taken into account: (a) in the limitation of the rights to exercise parental responsibility of the actual or alleged perpetrator of violence against women or domestic violence; (b) in determining custody and access rights in respect of children; Member States shall take measures to ensure that the views of the child are given due weight in relation to such custody or access rights. Member States shall take measures to prevent the bias in the determination/interpretation of “the best interest of the child” principle, namely, to maintain contact with both parents or their relatives at all costs, regardless of the violence children have witnessed, with detrimental and dangerous effects for both the child and the non-violent parent. The right of every child to maintain contact with both parents should be restricted if necessary, in the best interests of the child; 2. Member States shall take measures to ensure that decisions on parental responsibility can be made in emergency procedures, such as restraining orders or protection orders, and in situations of convicted or alleged violence based on a body of evidence. Legal protective measures must be fully applied to protect women and children from violence. Such measures should not be limited or restricted by parental rights, and decisions on shared custody should be postponed until violence against women or domestic violence has been adequately investigated and a risk assessment has been conducted.
Amendment 1415 #
2022/0066(COD)
Proposal for a directive
Article 34 – paragraph 1
Article 34 – paragraph 1
Member States shall establish and maintain safe places which allow a safe contact between a child and a holder of parental responsibilitiesy who is an offender or suspect of violence against women or domestic violence, to the extent that the latter has rights of access. Member States shall ensure supervision by trained professionals, as appropriate, and in the best interests of the child. Member States shall ensure the safety of non-abusive holders of parental responsibility during the process.
Amendment 1419 #
2022/0066(COD)
Proposal for a directive
Article 34 – paragraph 1 a (new)
Article 34 – paragraph 1 a (new)
Member States shall ensure that the best interests of the child take precedence over the rights of access of an offender or suspect of violence against women or domestic violence. Member States shall ensure that the views of the child are given due weight when it comes to such rights of access. Member states shall aim at prohibiting mandatory shared custody and/or visiting rights in cases of violence or suspected violence, and prohibit the use of so-called “parental alienation” syndrome or any related concept when determining custody and visitation rights in cases of violence or suspected violence.
Amendment 1424 #
2022/0066(COD)
Proposal for a directive
Article 34 – paragraph 1 b (new)
Article 34 – paragraph 1 b (new)
Member States shall, within the context of Article 38, provide intervention programmes specific to holders of parental responsibility.
Amendment 1477 #
2022/0066(COD)
Proposal for a directive
Article 36 – paragraph 5
Article 36 – paragraph 5
5. Preventive measures shall in particular aim at empowering women and girls, challenging harmful gender stereotypes, promoting equality between women and menand patterns that promote supremacy and authoritarian behaviour of men over women promoting equality between women and men, mutual respect, non-violent conflict resolution in interpersonal relationships, and the right to personal integrity, encouraging all, including men and boys, to act as positive role models to support corresponding behaviour changes across society as a whole in line with the objectives of this directive.
Amendment 1505 #
2022/0066(COD)
Proposal for a directive
Article 37 – paragraph 1
Article 37 – paragraph 1
1. Member States shall ensure that professionals likely to come into contact with victims, including law enforcement authorities, court staff, judges and prosecutors, lawyers, providers of victim supportimary prevention workers, providers of specialized support services, and restorative justice services, healthcare professionals, social services, educational and other relevant staff, receive both general and specialist mandatory training and targeted information to a level appropriate to their contacts with victims, to enable them to identify, prevent and address instances of violence against women or domestic violence and to treat victims in a trauma-, gender- and child- sensitive manner. , , including manipulation, psychological violence, coercive control, the relevance of intimate partner violence to children’s rights, their protection and their well-being, and to treat victims in a trauma-, gender- and child-sensitive manner. This training should also educate all professionals involved on how to best communicate with, support victims, while enabling them to evaluate each situation using reliable risk assessment tools and equip them with adequate skills to detect signs of abuse. The training shall be provided by qualified trainers from women specialist services adhering to stringent quality standards in terms of training duration, frequency, methods and outcomes in line with the objectives of this Directive. Member States shall establish specialised courts or sections, dealing with victims of violence against women and domestic violence and shall ensure child and women-victim-friendly justice, including comprehensive assessment units dealing with gender- based violence composed of forensic doctors, psychologists and social workers who work in coordination with the public services specialised in gender-based violence in charge of assisting victim.
Amendment 1541 #
2022/0066(COD)
Proposal for a directive
Article 37 – paragraph 6
Article 37 – paragraph 6
6. Member States shall ensure that the authorities competent for receiving reports of offences from victims are mandatorily and appropriately trained to facilitate and assist in the reporting of such crimes.
Amendment 98 #
2022/0047(COD)
Proposal for a regulation
Recital 1
Recital 1
(1) In recent years, data-driven technologies have had transformative effects on all sectors of the economy. The proliferation in products connected to the Internet of Things in particular has increased the volume and potential value of data, as well as potential risks related to data for consumers, businesses and society. High quality and interoperable data from different domains has the potential to increase competitiveness and innovation and ensure sustainable economic growth. The same dataset may potentially be used and reused for a variety of purposes and to an unlimited degree, without any loss in its quality or quantity.
Amendment 104 #
2022/0047(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) In order to respond to the needs of the digital economytransition and digital economy, protect consumers and to remove unjustified barriers to a well-functioning internal market for data, it is necessary to lay down a harmonised framework specifying who, other than the manufacturer or other data holder is entitled to access the data generated by products or related services, under which conditions and on what basis. Accordingly, Member States should not adopt or maintain additional national requirements on those matters falling within the scope of this Regulation, unless explicitly provided for in this Regulation, since this would affect the direct and uniform application of this Regulation.
Amendment 108 #
2022/0047(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) This Regulation ensures that users of a product or related service in the Union, including data subjects can access, in a timely manner, the data generated by the use of that product or related service and that those users can use the data, including by sharing them with third parties and for the purposes of their choice. It imposes the obligation on the data holder to make data available to users and third parties nominated by the users in certain circumstances. It also ensures that data holders make data available to data recipients in the Union under fair, reasonable and non-discriminatory terms and in a transparent manner. Private law rules are key in the overall framework of data sharing. Therefore, this Regulation adapts rules of contract law and prevents the exploitation of contractual imbalances that hinder fair data access and use for micro, small or medium-sized enterprises within the meaning of Recommendation 2003/361/EC. This Regulation also ensures that data holders make available to public sector bodies of the Member States and to Union institutions, agencies or bodies, where there is an exceptional need, the data that are necessary for the performance of tasks carried out in the public interest. In addition, this Regulation seeks to facilitate switching between data processing services and to enhance the interoperability of data and data sharing mechanisms and services in the Union. This Regulation should not be interpreted as recognising or creating any legal basis for the data holder to hold, have access to or process data, or as conferring any new right on the data holder to use data generated by the use of a product or related service. Instead, it takes as its starting point the control that the data holduser effectively enjoys, de facto orand de jure, over data generated by products or related services.
Amendment 116 #
2022/0047(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) The fundamental right to the protection of personal data is safeguarded in particular under Regulation (EU) 2016/679 and Regulation (EU) 2018/1725. Directive 2002/58/EC additionally protects private life and the confidentiality of communications, including providing conditions to any personal and non- personal data storing in and access from terminal equipment. These instruments provide the basis for sustainable and responsible data processing, including where datasets include a mix of personal and non-personal data. This Regulation complements and is without prejudice to Union law on data protection and privacy, in particular Regulation (EU) 2016/679 and Directive 2002/58/EC. No provision of this Regulation should be applied or interpreted in such a way as to diminish or limit the right to the protection of personal data or the right to privacy and confidentiality of communications. This Regulation should not be read as creating a new legal basis for the processing of personal data for any of the regulated activities, or as amending the information requirements laid down in Regulation (EU) 2016/679. In the event of a conflict between this Regulation and Union law on the protection of personal data or national law adopted in accordance with such Union law, the relevant Union or national law on the protection of personal data should prevail.
Amendment 119 #
2022/0047(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) The principles of data minimisation and privacy and data protection by design and by default are essential whenas processing involvescan lead to significant risks to the fundamental rights of individuals. Taking into account the state of the art, all parties to data sharing, including where within scope of this Regulation, should implement technical and organisational measures to protect these rights. Such measures include not only pseudonymisation and encryption, but also the use of increasingly available technology that permits algorithms to be brought to the data and allow valuable insights to be derived without the transmission between parties or unnecessary copying of the raw or structured data themselveseffectively protect and facilitate the exercise of data subjects' rights. Such measures include not only deletion and anonymisation where possible, and aggregation and pseudonymisation where the aforementioned are not possible to fulfil the purposes of the processing, as well as and encryption.
Amendment 129 #
2022/0047(COD)
Proposal for a regulation
Recital 14
Recital 14
(14) Physical products that obtain, generate or collect, by means of their components or operating system, data concerning their performance, use or environment and that are able to communicate that data via a publicly available electronic communications service (often referred to as the Internet of Things) should be covered by this Regulation. Electronic communications services include land- based telephone networks, television cable networks, satellite-based networks and near-field communication networks. Such products may include vehicles, home equipment and consumer goods, medical and health devices or agricultural and industrial machinery. The data represent the digitalisation of user actions and events and should accordingly be accessible to the user, while information derived or inferred from this data, where lawfully held, should not be considered within scope of this Regulation, with the exception of prototypes or unless that data are lawfully processed using the product’s own computing capacity. Such data are potentially valuable to the user and support innovation and the development of digital and other services protecting the environment, health and the circular economy, in particular though facilitating the maintenance and repair of the products in question. This Regulation applies to products placed on the market in the Union and thus does not apply to products in development stage such as prototypes.
Amendment 147 #
2022/0047(COD)
Proposal for a regulation
Recital 17
Recital 17
(17) Data generated by the use of a product or related service include data recorded intentionally by the user. Such data include also data generated as a by- product of the user’s action, such as diagnostics data, and without any action by the user, such as when the product is in ‘standby mode’, and data recorded during periods when the product is switched off. Such data should include data in the form and format in which they are generated by the product, but not pertain to data resulting from any software process that calculates derivative data from such data as such software process may be subject to intellectual property rightsincluding data processed using the product’s own computing capacity.
Amendment 155 #
2022/0047(COD)
Proposal for a regulation
Recital 18
Recital 18
(18) The user of a product should be understood as the legal or natural person, such as a business or consumer, as well as a public sector body which has purchased, rented or leased the product or receives a related service, or a natural person that uses a product or receives a related service, without necessarily having subscribed to this service. Depending on the legal title under which he uses it, such a user bears the risks and enjoys the benefits of using the connected product and should enjoy also the access to the data it generates. The user should therefore be entitled to derive benefit from data generated by that product and any related service. In the context of multiple users, each user may contribute in a different manner to the data generation and can have an interest in several forms of use.
Amendment 165 #
2022/0047(COD)
Proposal for a regulation
Recital 20
Recital 20
(20) In case several persons or entities own or use a product or are party to a lease or rent agreement and benefit from access to a related service, reasonable efforts should be made in the design of the product or related service or the relevant interface so that all persons using the product can have access to data they generate. Users of pProducts that generate data typicaldo not necessarily require a user account to be set up. Thisose that do should allows for identification of the user by the manufacturer as well as a means to communicate to exercise and process data access requests. Manufacturers or designers of a product that is typically used by several persons should put in place the necessary mechanism that allow separate user accounts for individual persons, where relevant, or the possibility for several persons to use the same user account. Account solutions should allow a user to delete their account and the data related to it, in particular taking into account situations when the ownership or the usage of the product changes. Access should be granted to the user upon simple request mechanisms granting automatic execution, not requiring examination or clearance by the manufacturer or data holder. This means that data should only be made available when the user actually wants this. Where automated execution of the data access request is not possible, for instance, via a user account or accompanying mobile application provided with the product or service, the manufacturer shouldor the data holder should duly justify why and immediately inform the user how the data may be accessed swiftly and no later than in one day.
Amendment 195 #
2022/0047(COD)
Proposal for a regulation
Recital 27
Recital 27
(27) The data holder may require appropriate user identification or authentication to verify the user’s entitlement to access the data. In the case of personal data processed by a processor on behalf of the controller, the data holder should ensure that the access request is received and handled by the processor.
Amendment 199 #
2022/0047(COD)
Proposal for a regulation
Recital 28
Recital 28
(28) The user should be free to use the data for any lawful purpose. This includes providing the data the user has received, in full compliance with this Regulation and any other Union and national related legislation. This includes exercising the right of the user under this Regulation to a third partyshare data with a third party of the user’s choice offering an aftermarket service that may be in competition with a service provided by the data holder, or to instruct the data holder to do so. TIn order to comply with the user’s request, the data holder should ensure that the data made available to the third party is as accurate, complete, reliable, relevant and up-to-date as the data the data holder itself may be able or entitled to access from the use of the product or related service. Any trade secrets or intellectual property rights should be respected in handling the data. It is important to preserve incentives to invest in products with functionalities based on the use of data from sensors built into that product. The aim of this Regulation should accordingly be understood as to foster the development of new, innovative products or related services, stimulate innovation on aftermarkets, but also stimulate the development of entirely novel services making use of the data, including based on data from a variety of products or related services. At the same time, it aims to avoid undermining the investment incentives for the type of product from which the data are obtained, for instance, by the use of data to develop a competing product.
Amendment 206 #
2022/0047(COD)
Proposal for a regulation
Recital 28 a (new)
Recital 28 a (new)
(28 a) As regards the protection of trade secrets, this Regulation should be interpreted in a manner to preserve the protection awarded to trade secrets under Directive (EU) 2016/943. For this reason, data holders can require the user or third parties of the user’s choice to preserve the secrecy of data considered as trade secrets, including through technical means. Also, the data holders can require that the confidentiality of a disclosure must be ensured by the user and any third party of the user's choice. Data holders, however, cannot refuse a data access request under this Regulation on the basis of certain data considered as trade secrets, as this would undo the intended effects of this Regulation. The aim of this Regulation should accordingly be understood as to foster the development of new, innovative products or related services, stimulate innovation on aftermarkets, but also stimulate the development of entirely novel services making use of the data, including based on data from a variety of products or related services. At the same time, it aims to avoid undermining the investment incentives for the type of product from which the data are obtained, for instance, by the use of data to develop a competing product. This Regulation provides for no prohibition to develop a related service as this would have a chilling effect on innovation.
Amendment 213 #
2022/0047(COD)
Proposal for a regulation
Recital 30 a (new)
Recital 30 a (new)
(30 a) The data holder shall ensure that it is not unduly difficult for the users to exercise their rights and make their choices by not offering choices to the users in a non-neutral manner, or coercing, deceiving or manipulating the user in any way, or subverting or impairing the autonomy, decision-making or free choices of the user, including by means of a digital interface or a part thereof, including its structure, design, function or manner of operation.
Amendment 216 #
2022/0047(COD)
Proposal for a regulation
Recital 31
Recital 31
(31) Data generated by the use of a product or related service should only be made available to a third party at the request of the user. This Regulation accordingly complements the right provided under Article 20 of Regulation (EU) 2016/679. That Article provides for a right of data subjects to receive personal data concerning them in a structured, commonly used and machine-readable format, and to port those data to other controllers, where those data are processed on the basis of Article 6(1), point (a), or Article 9(2), point (a), or of a contract pursuant to Article 6(1), point (b). Data subjects also have the right to have the personal data transmitted directly from one controller to another, but only where technically feasible. Article 20 specifies that it pertains to data provided by the data subject but does not specify whether this necessitates active behaviour on the side of the data subject or whether it also applies to situations where a product or related service by its design observes the behaviour of a data subject or other information in relation to a data subject in a passive manner. The right under this Regulation complements the right to receive and port personal data under Article 20 of Regulation (EU) 2016/679 in several ways. It grants users the right to access and make available to a third party to any data generated by the use of a product or related service, irrespective of its nature as personal data, of the distinction between actively provided or passively observed data, and irrespective of the legal basis of processing. Unlike the technical obligations provided for in Article 20 of Regulation (EU) 2016/679, this Regulation mandates and ensures the technical feasibility of third party access for all types of data coming within its scope, whether personal or non-personal. This Regulation also allows direct data sharing from users to third parties. This Regulation precludes the data holder or the third party from directly or indirectly charging consumers or data subjects a fee, compensation or costs for sharing data or for accessing it. This Regulation does not directly or indirectly incentivise the commercialisation or trade of personal data. It also allows the data holder to set reasonable compensation to be met by third parties, but not by the user, for any cost incurred in providing direct access to the data generated by the user’s product. If a data holder and third party are unable to agree terms for such direct access, the data subject should be in no way prevented from exercising the rights contained in this Regulation or Regulation (EU) 2016/679, including the right to data portability, by seeking remedies in accordance with bothat Regulation. It is to be understood in this context that, in accordance with Regulation (EU) 2016/679, a contractual agreement does not allow for the processing of special categories of personal data by the data holder or the third party.
Amendment 255 #
2022/0047(COD)
Proposal for a regulation
Recital 43
Recital 43
(43) In justified cases, including the need to safeguard consumer participation and competition or to promote innovation in certain markets, Union law or national legislation implementing Union law may impose regulated compenThis Regulation does not directly or indirectly incentivise the commercialisation for making available specific data typestrade of personal data.
Amendment 272 #
2022/0047(COD)
(51) Where one party is in a stronger bargaining position, there is a risk that that party could leverage such position to the detriment of the other contracting party when negotiating access to data and make access to data commercially less viable and sometimes economically prohibitive. Such contractual imbalances particularly harm users and micro, small and medium-sized enterprises without a meaningful ability to negotiate the conditions for access to data, who may have no other choice than to accept ‘take- it-or-leave-it’ contractual terms. Therefore, unfair contract terms regulating the access to and use of data or the liability and remedies for the breach or the termination of data related obligations should not be binding on micro, small or medium-sized enterprises when they have been unilaterally imposed on them.
Amendment 280 #
2022/0047(COD)
Proposal for a regulation
Recital 56
Recital 56
(56) In situations of exceptional need, it may be necessary for public sector bodies or Union institutions, agencies or bodies in the performance of their statutory duties in the public interest to use data held by an enterprise as a data holder to respond to public emergencies or in other exceptional cases. Research-performing organisations and research-funding organisations could also be organised as public sector bodies or bodies governed by public law. The principles of purpose limitation, and transparency, accountability and non- discrimination, as well as other principles of data protection law should also apply to business-to-government data sharing. To limit the burden on businesses, micro and small enterprises should be exempted from the obligation to provide public sector bodies and Union institutions, agencies or bodies data in situations of exceptional need.
Amendment 297 #
2022/0047(COD)
Proposal for a regulation
Recital 58
Recital 58
(58) An exceptional need may also arise when a public sector body can demonstrate that the data are necessary either to prevent a public emergency, or to assist recovery from a public emergency, in circumstances that are reasonably proximate to the public emergency in question. Where the exceptional need is not justified by the need to respond to, prevent or assist recovery from a public emergency, the public sector body or the Union institution, agency or body should demonstrate that the lack of timely access to and the use of the data requested prevents it from effectively fulfilling a specific task in the public interest that has been explicitly provided in law. Such exceptional needlegitimate general interest that has been explicitly provided in law. Such specific task should aim at addressing a key challenge in order to improve the efficient provision of public services and policy making, in particular on healthcare, climate change, mobility, official statistics, as well as scientific research. It covers inter alia affordable housing, local transport or city planning (including sustainable tourism development), improving infrastructural services (such as energy, waste and water management), or producing reliable and up to date statistics. Those requirements on behalf of general interest are in line with the Data Governance Acta and should be in line with the principles of purpose limitation, and transparency, time limitation, accountability and non- discrimination, as well as other principles of data protection law. Such exceptional need to share data with public entities may also occur in other situations, for example in relation to the timely compilation of official statistics when data is not otherwise available or when the burden on statistical respondents will be considerably reduced. At the same time, the public sector body or the Union institution, agency or body should, outside the case of responding to, preventing or assisting recovery from a public emergency, demonstrate that no alternative means for obtaining the data requested exists and that the data cannot be obtained in a timely manner through the laying down of the necessary data provision obligations in new legislation.
Amendment 305 #
2022/0047(COD)
Proposal for a regulation
Recital 61
Recital 61
(61) A proportionate, limited and predictable framework at Union level is necessary for the making available of data by data holders, in cases of exceptional needs, to public sector bodies and to Union institution, agencies or bodies both to ensure legal certainty and to minimise the administrative burdens placed on businesses. To this end, data requests by public sector bodies and by Union institution, agencies and bodies to data holders should be transparent and proportionate in terms of their scope of content and their granularity. The purpose of the request and the intended use of the data requested should be specific and clearly explained, while allowing appropriate flexibility for the requesting entity to perform its tasks in the public interest. The principle of purpose limitation and other principles of data protection law should also apply to situations where the public sector body or EU institution, agency or body shares the data received under this Chapter with third parties to whom they have outsourced any function. The request should also respect the legitimate interests of the businesses to whom the request is made. The burden on data holders should be minimised by obliging requesting entities to respect the once-only principle, which prevents the same data from being requested more than once by more than one public sector body or Union institution, agency or body where those data are needed to respond to a public emergency. To ensure transparency, data requests made by public sector bodies and by Union institutions, agencies or bodies should be made public without undue delay by the entity requesting the data and online public availability of all requests justified by a public emergency should be ensured.
Amendment 321 #
2022/0047(COD)
Proposal for a regulation
Recital 66
Recital 66
(66) When reusing data provided by data holders, public sector bodies and Union institutions, agencies or bodies should respect both existing applicable legislation and contractual obligations to which the data holder is subject. Public sector bodies should coordinate their data requests and make every effort to guarantee that businesses are only required to provide the same data once. Where the disclosure of trade secrets of the data holder to public sector bodies or to Union institutions, agencies or bodies is strictly necessary to fulfil the purpose for which the data has been requested, confidentiality of such disclosure should be ensured to the data holder.
Amendment 338 #
2022/0047(COD)
Proposal for a regulation
Recital 79
Recital 79
(79) Standardisation and semantic interoperability should play a key role to provide technical solutions to ensure interoperability within the common European data spaces. This Regulation lays down certain essential requirements for interoperability. Data holders, and other operators within the data spaces facilitating or engaging in data sharing within the common European data spaces, should comply with these requirements. In order to facilitate the conformity with the requirements for interoperability, it is necessary to provide for a presumption of conformity for interoperability solutions that meet harmonised standards or parts thereof in accordance with Regulation (EU) No 1025/2012 of the European Parliament and of the Council. The Commission should adopt common specifications in areas where no harmonised standards exist or where they are insufficient in order to further enhance interoperability for the common European data spaces, application programming interfaces, cloud switching as well as smart contracts. Additionally, common specifications in the different sectors could remain to be adopted, in accordance with Union or national sectoral law, based on the specific needs of those sectors. Reusable data structures and models (in form of core vocabularies), ontologies, metadata application profile, reference data in the form of core vocabulary, taxonomies, code lists, authority tables, thesauri should also be part of the technical specifications for semantic interoperability. Furthermore, the Commission in consultation with the European Data Innovation Board should be enabled to mandate the development of harmonised standards for the interoperability of data processing services.
Amendment 344 #
2022/0047(COD)
Proposal for a regulation
Recital 81
Recital 81
(81) In order to ensure the efficient implementation of this Regulation, Member States should designate one or more competent authorities with sufficient resources. If a Member State designates more than one competent authority, it should also designate a coordinating competent authority. Competent authorities should cooperate with each other effectively and in a timely manner, in line with the principles of good administration and mutual assistance to ensure the effective implementation and enforcement of this Regulation. The authorities responsible for the supervision of compliance with data protection and competent authorities designated under sectoral legislation should have the responsibility for application of this Regulation in their areas of competence. Competent authorities shall cooperate upon request of the authorities within the European Data Protection Board and the European Data Innovation Board.
Amendment 346 #
2022/0047(COD)
Proposal for a regulation
Recital 81 a (new)
Recital 81 a (new)
(81 a) In order to further enhance coordination in the enforcement of this Regulation, the European Data Protection Board and the European Data Innovation Board should foster the mutual exchange of information amongst competent authorities as well as advise and assist the Commission in matters falling under this Regulation that fall within their respective competences.
Amendment 355 #
2022/0047(COD)
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
1. This Regulation lays down harmonised rules on making data lawfully obtained, collected, or generated by the use of a product or data lawfully obtained, collected, or generated during the provision of a related service available to the data subjects and users of that product or service, on the making data available by data holders upon request by a user or data subject to data recipients, and on the making data available by data holders to public sector bodies or Union institutions, agencies or bodies, where there is an exceptional need, for the performance of a task carried out in the public interest and contractual terms between users and data holder, and users and data recipients:
Amendment 358 #
2022/0047(COD)
Proposal for a regulation
Article 1 – paragraph 1 a (new)
Article 1 – paragraph 1 a (new)
1 a. This Regulation covers personal and non-personal data, including the following types of data or in the following contexts: (a) Chapter II applies to data concerning the performance, use and environment of products and related services. (b) Chapter III applies to any private sector data subject to statutory data sharing obligations. (c) Chapter IV applies to any private sector data accessed and used on the basis of contractual agreements between businesses. (d) Chapter V applies to any private sector data with a focus on non-personal data. (e) Chapter VI applies to any data processed by data processing services. (f) Chapter VII applies to any non- personal data held in the Union by providers of data processing services.
Amendment 363 #
2022/0047(COD)
Proposal for a regulation
Article 1 – paragraph 2 – point a
Article 1 – paragraph 2 – point a
(a) manufacturers of products and suppliers of related services placed on the market in the Union, irrespective of their place of establishment, and the users of such products or servicesrelated services in the Union;
Amendment 367 #
2022/0047(COD)
Proposal for a regulation
Article 1 – paragraph 2 – point b
Article 1 – paragraph 2 – point b
(b) data holders, irrespective of their place of establishment, that make data available to data recipients in the Union;
Amendment 373 #
2022/0047(COD)
Proposal for a regulation
Article 1 – paragraph 2 – point e
Article 1 – paragraph 2 – point e
(e) providers of data processing services, irrespective of their place of establishment, offering such services to customers in the Union.
Amendment 377 #
2022/0047(COD)
Proposal for a regulation
Article 1 – paragraph 3
Article 1 – paragraph 3
3. Union law and national law on the protection of personal data, privacy and confidentiality of communications and integrity of terminal equipment shall apply to personal data including mixed data sets where personal and non-personal data are inextricably linked, processed in connection with the rights and obligations laid down in this Regulation. This Regulation shall not affect the applicability of Union law on the protection of is without prejudice to specific provisions in other Union legal acts regarding access to or re-use of certain categories of data, or requirements related to processing of personal or non-personal data, in particular Regulations (EU) 2016/679, (EU) 2018/1725, and Directive 2002/58/EC, including the powers and competences of supervisory authorities. Insofar as data subjects are concerned the rights laid down in Chapter II of this Regulation are concerned, and where users are the data subjects of personal data subject to the rights and obligations under that Chapter, theshall complement and particularise the right of data portability under Article 20 of Regulation (EU) 2016/679 and shall not adversely affect data protection rights of others. In the event of conflict between the provisions of this Regulation and Union law or national law on the protection of personal data adopted in accordance with Union law, the relevant Union law on the protection of personal data shall prevail. Insofar the processing of personal data, that is made available to a data recipient pursuant to Article 5 of this Regulation, is restricted in Article 6 of this Regulation, these provisions shall take precedence over Article 6 of Regulation (EU) 2016/679. This Regulation does not create a legal basis for the processing of personal data and no provisions of this Regulation shall complement the right ofould be applied or interpreted in such a way as to diminish or limit the right to the protection of personal data portabilit the right to privacy uander Article 20 of Regulation (EU) 2016/679 confidentiality of communications.
Amendment 381 #
2022/0047(COD)
Proposal for a regulation
Article 1 – paragraph 3 a (new)
Article 1 – paragraph 3 a (new)
3 a. This Regulation complements and does not affect the applicability of Union law aiming to promote the interests of consumers and to ensure a high level of consumer protection, to protect their health, safety and economic interests, including Directive 2005/29/EC of the European Parliament and of the Council, Directive 2011/83/EU of the European Parliament and of the Council and Directive 93/13/EEC of the European Parliament and of the Council. No provision in this Regulation should be applied or interpreted in such a way as to diminish or limit a high level of consumer protection.
Amendment 383 #
2022/0047(COD)
Proposal for a regulation
Article 1 – paragraph 4
Article 1 – paragraph 4
4. This Regulation does not apply to, nor pre-empt, voluntary arrangements for the exchange of data between private and public entities. This Regulation shall not affect Union and national legal acts providing for the sharing, access and use of data for the purpose of the prevention, investigation, detection or prosecution of criminal or administrative offences or the execution of criminal or administrative penalties, including Regulation (EU) 2021/784 of the European Parliament and of the Council72 and the [e-evidence proposals [COM(2018) 225 and 226] once adopted, and international cooperation in that area. This Regulation shall not affect the collection, sharing, access to and use of data under Directive (EU) 2015/849 of the European Parliament and of the Council on the prevention of the use of the financial system for the purposes of money laundering and terrorist financing and Regulation (EU) 2015/847 of the European Parliament and of the Council on information accompanying the transfer of funds. This Regulation shall not affect the competences of the Member States regarding activities concerning public security, defence, national security, customs and tax administration and shall be implemented with due consideration to the fundamental rights, the health and safety of citizens in accordance with Union law. _________________ 72 Regulation (EU) 2021/784 of the European Parliament and of the Council of 29 April 2021 on addressing the dissemination of terrorist content online (OJ L 172, 17.5.2021, p. 79).
Amendment 396 #
2022/0047(COD)
(1 a) ‘personal data’ means personal data as defined in Article 4, point (1), of Regulation (EU) 2016/679;
Amendment 400 #
2022/0047(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 1 b (new)
Article 2 – paragraph 1 – point 1 b (new)
(1 b) ‘non-personal data’ means data other than personal data;
Amendment 411 #
2022/0047(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 1 c (new)
Article 2 – paragraph 1 – point 1 c (new)
(1 c) ‘data subject’ means data subject as referred to in Article 4, point (1), of Regulation (EU) 2016/679;
Amendment 412 #
2022/0047(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 1 d (new)
Article 2 – paragraph 1 – point 1 d (new)
(1 d) ‘consent’ means consent as defined in Article 4, point (11), of Regulation (EU) 2016/679;
Amendment 414 #
2022/0047(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 1 e (new)
Article 2 – paragraph 1 – point 1 e (new)
(1 e) ‘anonymised data’ means personal data irreversibly altered in such a way that a data subject can no longer be identified directly or indirectly, either by the data controller, data holder alone or in collaboration with any other party;
Amendment 415 #
2022/0047(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 2
Article 2 – paragraph 1 – point 2
(2) ‘product’ means a tangible, movable item, including where incorporated in an immovable item, that obtains, generates or collects, data concerning its use or environment, and that is able to communicate data via a publicly availablen electronic communications service and whose primary function is noteither the storing and processing of datar transmission of data nor is it primarily designed to display or play content, or to record and transmit content;
Amendment 431 #
2022/0047(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 5
Article 2 – paragraph 1 – point 5
(5) ‘user’ means a natural or legal person, including a data subject or public sector bodies, that owns, rents or leases a product or receives a related services;
Amendment 436 #
2022/0047(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 6
Article 2 – paragraph 1 – point 6
(6) ‘data holder’ means a legal or natural person that is not the user, who has access to data communicated to it, or accessed by it, including derived or inferred data during the provision of a related service, and who has the right or obligation, in accordance with this Regulation, applicable Union law or national legislation implementing Union law, or in the case of non-personalto make available certain data or can enable access to the data and through control of the technical design of the product and related services, the ability, to make available certainr means of access, in the case of non-personal data;
Amendment 445 #
2022/0047(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 7
Article 2 – paragraph 1 – point 7
(7) ‘data recipient’ means a legal or natural person, acting for purposes which are related to that person’s trade, business, craft or profession, other than the user of a product or a related service, to whom the data holder makes data available, including a third party following an explicit request by the user or the data subject to the data holder or in accordance with a legal obligation under Union law or national legislation implementing Union law, and including a third party to whom the data is directly made available by the user or the data subject;
Amendment 456 #
2022/0047(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 10
Article 2 – paragraph 1 – point 10
(10) ‘public emergency’ means an exceptional situation such as public health emergencies, emergencies resulting from environmental degradation and major natural disasters, including those exacerbated by climate change, as well as human-induced major disasters, such as major cybersecurity incidents, negatively affecting the population of the Union, a Member State or part of it, with a risk of serious and lasting repercussions on living conditions or economic and financial stability, or the substantial degradation of economic assets in the Union or the relevant Member State(s); and which is determined according to the respective procedures under Union or national law.
Amendment 460 #
2022/0047(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 10 a (new)
Article 2 – paragraph 1 – point 10 a (new)
(10 a) ‘official statistics’ means statistics within the meaning of ‘European statistics’ under Regulation(EC) No 223/2009’.
Amendment 468 #
2022/0047(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 15 a (new)
Article 2 – paragraph 1 – point 15 a (new)
(15 a) 'operators within data spaces' mean legal persons that facilitate or engage in data sharing within and across the common European data spaces;
Amendment 481 #
2022/0047(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 20 a (new)
Article 2 – paragraph 1 – point 20 a (new)
(20 a) ‘trade secret’ means information which meets all the requirements of Article 2, point (1), of Directive (EU) 2016/943.
Amendment 484 #
2022/0047(COD)
(20 b) ‘Data intermediation service’ means a service as defined in Article 2(11) of Regulation (EU) 2022/868;
Amendment 486 #
2022/0047(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 20 c (new)
Article 2 – paragraph 1 – point 20 c (new)
(20 c) ‘Data altruism’ means the voluntary sharing of data as defined in Article 2(16)of Regulation (EU) 2022/868;
Amendment 489 #
2022/0047(COD)
Proposal for a regulation
Article 3 – title
Article 3 – title
Obligation to make data generated by the use of products or related services accessible to the user
Amendment 491 #
2022/0047(COD)
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
1. Products shall be designed and manufactured, and related services shall be provided, in such a manner that data obtained, collected, or generated by their use are, by default, and free of charge, easily, securely and, where relevant and appropriate, directly accessible to the userdirectly accessible to the user in a structured, commonly used and machine-readable format. In the case that user is a data subject, products shall offer possibilities to directly exercise the data subjects’ rights. The user shall have the right to obtain a copy of the data generated by their use of the product and related services, from the data holder without hindrance and they shall be able to process the data outside the data holder’s control.
Amendment 501 #
2022/0047(COD)
Proposal for a regulation
Article 3 – paragraph 1 a (new)
Article 3 – paragraph 1 a (new)
1 a. Products shall be designed and manufactured, and related services shall be provided, in such a manner that data subjects, irrespective of their legal title over the product, are offered the possibility to use the products covered by this Regulation anonymously or in the least privacy-intrusive way possible, such as by anonymising the data.
Amendment 506 #
2022/0047(COD)
Proposal for a regulation
Article 3 – paragraph 1 b (new)
Article 3 – paragraph 1 b (new)
1 b. Where users can reasonably expect it due to the nature of the product, products shall be designed and manufactured, and related services shall be provided, in such a manner that a basic set of functionalities is maintained when the product or related service is used offline.
Amendment 508 #
2022/0047(COD)
Proposal for a regulation
Article 3 – paragraph 1 c (new)
Article 3 – paragraph 1 c (new)
1 c. The data holder shall not use data shared for the profiling of natural persons within the meaning of Article 4(4) of Regulation (EU) 2016/679.
Amendment 509 #
2022/0047(COD)
Proposal for a regulation
Article 3 – paragraph 2 – introductory part
Article 3 – paragraph 2 – introductory part
2. Before concluding a contract for the purchase, rent or lease of a product or a related service, at least the following information shall be provided to the user, in ausers should be presented with granular, meaningful consent options for data processing, within the meaning of Article 4(11) of Regulation (EU) 2016/679, differentiating between data that is essential for the functioning of the product and a related service and other types of data. In addition, the data holder shall at least provide the following information to the user, in a timely and prominent manner, and in an easily accessible, clear and comprehensible format:
Amendment 515 #
2022/0047(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point a
Article 3 – paragraph 2 – point a
(a) the nature an, the format and the estimated volume of the data likely to be generated by the use of the product or related service;
Amendment 524 #
2022/0047(COD)
(c) how the user may access and request a copy of those data;
Amendment 531 #
2022/0047(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point c a (new)
Article 3 – paragraph 2 – point c a (new)
(c a) how the data holder will provide in a publicly available and consistent manner information on the data structures, data formats, vocabularies, classification schemes, taxonomies and code lists;
Amendment 535 #
2022/0047(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point d
Article 3 – paragraph 2 – point d
(d) whether the manufacturer supplying the product or the service provider providing the related servicedata holder intends to use the data itself or allow a third party to use the data and, if so, which third party and the purposes for which those data will be used by the manufacturer, a different data holder or a third party;
Amendment 549 #
2022/0047(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point g a (new)
Article 3 – paragraph 2 – point g a (new)
(g a) the foreseen duration of the agreement, as well as the modalities to terminate the agreement prematurely;
Amendment 560 #
2022/0047(COD)
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
1. Where data cannot be directly accessed by the user from the product, the data holder shall make available to the user the data generated by its use of a product or related service swiftly, without undue delay, free of charge and, where applicable and in any case within a day, free of charge, easily, securely, in a structured, commonly used and machine-readable format, including access to derived or inferred data, and including the relevant metadata and, where applicable, of the same quality as is available to the data holder, continuously and in real-time. This shall be done on the basis of a simple request through electronic means w. Where this is not technically feasible, the data holder shall provide a functionally equivalent alternative.
Amendment 569 #
2022/0047(COD)
Proposal for a regulation
Article 4 – paragraph 2 a (new)
Article 4 – paragraph 2 a (new)
2 a. The data holder shall ensure that it is not unduly difficult for the users to exercise their rights and make their choices by not offering choices to the users in a non-neutral manner, or coercing, deceiving or manipulating the user in any way, or subverting or impairing the autonomy, decision-making or free choices of the user, including by means of a digital interface or a part thereof, including its structure, design, function or manner of operation.
Amendment 580 #
2022/0047(COD)
Proposal for a regulation
Article 4 – paragraph 3
Article 4 – paragraph 3
3. Trade secrets shall only be disclosed provided that all specific necessary measures are taken to preserve the confidentiality of trade secrets in particular with respect to third parties. The data holder and the user can agree measures to preserve the confidentiality of the shared data, in particular in relation to third parties. The data holder shall identify the data which are protected as trade secrets.
Amendment 591 #
2022/0047(COD)
Proposal for a regulation
Article 4 – paragraph 5
Article 4 – paragraph 5
5. Where the user is not athe data subject whose personal data is requested, any personal data generated by the use of a product or related service shall only be made available by the data holder to the user where there is a valid legal basis under Article 6(1) of Regulation (EU) 2016/679 and, where relevant, the conditions of Article 9 of Regulation (EU) 2016/679 are fulfilled. This Regulation does not create a legal basis for the processing of personal data, nor does it affect any of the rights and obligations set out in Regulations (EU) 2016/679 or Directive 2002/58/EC.
Amendment 603 #
2022/0047(COD)
Proposal for a regulation
Article 5 – title
Article 5 – title
Right of the user to share data with third parties
Amendment 609 #
2022/0047(COD)
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
1. Upon explicit request by a user or a data subject, or by a party acting on behalf of a user, the data holder shall make available the data generated by the use of a product or related service to a third party, without undue delay, free of charge to the user or the data subject, of the same quality as is available to the data holder, easily, securely, in an interoperable, structured, commonly used and machine- readable format, and, where applicable, continuously and in real-time.
Amendment 627 #
2022/0047(COD)
Proposal for a regulation
Article 5 – paragraph 3
Article 5 – paragraph 3
3. The user or third party shall not be required to provide any information beyond what is strictly necessary to verify the quality as user or as third party pursuant to paragraph 1. The data holder shall not keep any information on the third party’s access to the data requested beyond what is necessary for the sound execution of the third party’s access request and for the security and the maintenance of the data infrastructure.
Amendment 631 #
2022/0047(COD)
Proposal for a regulation
Article 5 – paragraph 5
Article 5 – paragraph 5
5. The data holder shall not use any non-personal data generated by the use of the product or related service to derive insights about the economic situation, assets and production methods of or use by the third party that could undermine the commercial position of the third party on the markets in which the third party is active, unless the third party has consented to such use and has the technical possibility to withdraw that consent at any time. The data holder shall not use any data generated by the use of the product or related service to monitor the interactions between users and third parties except for objectively justified security considerations.
Amendment 634 #
2022/0047(COD)
Proposal for a regulation
Article 5 – paragraph 6
Article 5 – paragraph 6
6. Where the user is not athe data subject whose personal data is requested, any personal data generated by the use of a product or related service shall only be made available where there is a valid legal basis under Article 6(1) of Regulation (EU) 2016/679 and where relevant, the conditions of Article 9 of Regulation (EU) 2016/679 are fulfillednd Article 5(3) of Directive 2002/58/EC are fulfilled. This Regulation does not create a legal basis for the processing of personal data, nor does it affect any of the rights and obligations set out in Regulations (EU) 2016/679 or Directive 2002/58/EC.
Amendment 637 #
2022/0047(COD)
Proposal for a regulation
Article 5 – paragraph 6 a (new)
Article 5 – paragraph 6 a (new)
6 a. The data holder shall not make the usability of the product or related service dependent on the user allowing it to process data not required for the functionality of the product or provision of the related service.
Amendment 638 #
2022/0047(COD)
Proposal for a regulation
Article 5 – paragraph 6 b (new)
Article 5 – paragraph 6 b (new)
6 b. The data holder shall not incentivise, directly or indirectly, the commercialisation and trade of personal data.
Amendment 646 #
2022/0047(COD)
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
1. A third party shall process the data made available to it pursuant to Article 5 only for the purposesspecific purposes mentioned in paragraph 3 and under the conditions agreed with the user, and where all conditions and rules provided by data protection legislation are complied with, notably where there is a valid legal basis under points (a) or (b) of Article 6(1) of Regulation (EU) 2016/679, and where relevant, the conditions of Article 9 of Regulation (EU) 2016/679 and Article 5(3) of Directive 2002/58/EC are fulfilled and subject to the rights of the data subject insofar as personal data are concerned, and shall immediately delete the data when they are no longer necessary for the agreed purposexplicitly requested purpose in line with paragraph 3 of this Article.
Amendment 649 #
2022/0047(COD)
Proposal for a regulation
Article 6 – paragraph 2 – point a
Article 6 – paragraph 2 – point a
(a) coerce, deceive or manipulate the user in any way, bymake the exercise of the rights or choices of users unduly difficult including by offering choices to the users in a non- neutral manner, or coerce, deceive or manipulate in any way the user or the data subject where the user is not a data subject, or subverting or impairing the autonomy, decision-making or free choices of the user or the data subject, including by means of a digital interface with the useror a part thereof, including its structure, design, function or manner of operation;
Amendment 653 #
2022/0047(COD)
Proposal for a regulation
Article 6 – paragraph 2 – point b
Article 6 – paragraph 2 – point b
(b) use the data it receives for the profiling of natural persons within the meaning of Article 4(4) of Regulation (EU) 2016/679, unless it is necessary to provide the service requested by the user;
Amendment 656 #
2022/0047(COD)
Proposal for a regulation
Article 6 – paragraph 2 – point c
Article 6 – paragraph 2 – point c
(c) make the data available it receives to another third party, in raw, aggregated or derived form, unless this is necessary to provide the service requested by the user, and the user has explicitly been made aware of this in a clear, easily accessible and prominent way and, in the case of personal data, the rights and obligations of Regulation (EU) 2016/679 are respected;
Amendment 668 #
2022/0047(COD)
Proposal for a regulation
Article 6 – paragraph 2 – point f a (new)
Article 6 – paragraph 2 – point f a (new)
(f a) make the usability of the product or related service dependent on the user allowing it to process data not required for the purposes or services explicitly requested by the user.
Amendment 671 #
2022/0047(COD)
Proposal for a regulation
Article 6 – paragraph 2 – point f b (new)
Article 6 – paragraph 2 – point f b (new)
(f b) incentivise, directly or indirectly, the commercialisation and trade of personal data.
Amendment 673 #
2022/0047(COD)
Proposal for a regulation
Article 6 – paragraph 2 a (new)
Article 6 – paragraph 2 a (new)
Amendment 698 #
2022/0047(COD)
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. Any compensation agreed between a data holder and a data recipient for making data available shall be reasonablein business-to- business relations shall be fair and reasonable and shall not disproportionally exceed the costs directly related to making the data available..
Amendment 701 #
2022/0047(COD)
Proposal for a regulation
Article 9 – paragraph 1 a (new)
Article 9 – paragraph 1 a (new)
1 a. This Regulation precludes the data holder or the third party from directly or indirectly charging consumers or data subjects a fee, compensation or costs for sharing data or for accessing it. Third parties are precluded from charging any potential cost of accessing the data to the user.
Amendment 760 #
2022/0047(COD)
Proposal for a regulation
Article 14 – paragraph 1
Article 14 – paragraph 1
1. Upon request, a data holder shall make data, which could include relevant metadata, available to a public sector body or to a Union institution, agency or body demonstrating an exceptional need to use the data requestedor a legitimate public interest to use the data requested in order to carry out their statutory duties in the public interest.
Amendment 770 #
2022/0047(COD)
Amendment 773 #
2022/0047(COD)
Proposal for a regulation
Article 15 – paragraph 1 – point a
Article 15 – paragraph 1 – point a
(a) where the data requested is necessary to respond tothat has been explicitly provided by law, including real-time data, is limited in time and scope and is necessary to prevent, respond or recover from a public emergency;
Amendment 778 #
2022/0047(COD)
Proposal for a regulation
Article 15 – paragraph 1 – point b
Article 15 – paragraph 1 – point b
Amendment 786 #
2022/0047(COD)
Proposal for a regulation
Article 15 – paragraph 1 – point c – introductory part
Article 15 – paragraph 1 – point c – introductory part
(c) where the lack of available data prevents the public sector body or Union institution, agency or body from fulfilling a specific task in the public interest, for efficient provision of public services and policy making, in particular on healthcare, climate change, mobility, official statistics, as well as scientific research. It covers inter alia affordable housing, local transport or city planning, including sustainable tourism development, improving infrastructural services, such as energy, waste and water management, or producing reliable and up to date statistics, that has been explicitly provided by law; and
Amendment 792 #
2022/0047(COD)
Proposal for a regulation
Article 15 – paragraph 1 – point c – point 1
Article 15 – paragraph 1 – point c – point 1
(1) the public sector body or Union institution, agency or body has been unable to obtain such data by alternative means, including by purchasing the data on the market at market ratreasonable prices or by relying on existing obligations to make data available, and the adoption of new legislative measures cannot ensure the timely availability of the data; or
Amendment 811 #
2022/0047(COD)
Proposal for a regulation
Article 17 – paragraph 1 – point a
Article 17 – paragraph 1 – point a
(a) specify what data are required, including relevant metadata;
Amendment 823 #
2022/0047(COD)
Proposal for a regulation
Article 17 – paragraph 1 – point e
Article 17 – paragraph 1 – point e
(e) specify the deadline by which the data are to be made available orand the deadline within which the data holder may request the public sector body, Union institution, agency or body to modify or withdraw the request.
Amendment 843 #
2022/0047(COD)
Proposal for a regulation
Article 17 – paragraph 2 – point d
Article 17 – paragraph 2 – point d
(d) concern, insofar as possible, non- personal dataIn case of requests made pursuant to Article 15, point (a) concern, insofar as possible, non-personal data and in case personal data are requested, the request should justify the need for including personal data and set out the technical and organisational measures that will be taken to protect the data, including in particular the obligation to aggregate and anonymise the requested data set;
Amendment 850 #
2022/0047(COD)
Proposal for a regulation
Article 17 – paragraph 2 – point d a (new)
Article 17 – paragraph 2 – point d a (new)
(d a) indicate, insofar as possible, user- friendly data-sharing mechanisms that respect ethical guidelines on transparency, non discrimination, security and privacy;
Amendment 856 #
2022/0047(COD)
Proposal for a regulation
Article 17 – paragraph 4 – subparagraph 1
Article 17 – paragraph 4 – subparagraph 1
Paragraph 3 does not preclude a public sector body or a Union institution, agency or body to exchange data obtained pursuant to this Chapter with another public sector body, Union institution, agency or body, in view of completing the tasks in Article 15 or to make the data available to a third party in cases where it has outsourced, by means of a publicly available agreement, technical inspections or other functions to this third party. The obligations on public sector bodies, Union institutions, agencies or bodies pursuant to Article 19 apply. The principle of purpose limitation and other principles of data protection law should also apply to situations where the public sector body or EU institution, agency or body shares the data received under this Chapter with third parties to whom they have outsourced any function.
Amendment 865 #
2022/0047(COD)
Proposal for a regulation
Article 17 – paragraph 4 a (new)
Article 17 – paragraph 4 a (new)
Amendment 869 #
2022/0047(COD)
Proposal for a regulation
Article 17 – paragraph 4 b (new)
Article 17 – paragraph 4 b (new)
4 b. The competent authorities designated by each Member State according to Article 31 of this Regulation shall inform the public sector body or Union institution, agency or body if the data holder already provided the requested data in response to previously submitted request for the same purpose by another public sector body or Union institution, agency or body. In this context, public administration authorities should coordinate their requests for data and pursue best efforts to ensure that businesses are obliged to supply the same data only once.
Amendment 886 #
2022/0047(COD)
Proposal for a regulation
Article 18 – paragraph 5
Article 18 – paragraph 5
5. Where the dataset requested includes personal data, the data holder shall have the responsibility to aggregate and properly anonymise the data set. Where compliance with the request to make data available to a public sector body or a Union institution, agency or body requires the disclosure of personal data, the data holder shall take reasonable efforts to pseudonymise the data, insofar as the request can be fulfilled with pseudonymised data.
Amendment 906 #
2022/0047(COD)
Proposal for a regulation
Article 19 – paragraph 1 – point c
Article 19 – paragraph 1 – point c
(c) destroy the data as soon as they are no longer necessary for the stated purpose and inform the European Public Data Commons body data holder that the data have been destroyed.
Amendment 912 #
2022/0047(COD)
Proposal for a regulation
Article 19 – paragraph 2
Article 19 – paragraph 2
2. Disclosure of trade secrets or alleged trade secrets to a public sector body or to a Union institution, agency or body shall only be required to the extent that it is strictly necessary to achieve the purpose of the request. In such a case, the public sector body or the Union institution, agency or body shall take appropriate measures to preserve the confidentiality of those trade secrets. The data holder shall identify the data which are protected as trade secrets.
Amendment 916 #
2022/0047(COD)
Proposal for a regulation
Article 19 a (new)
Article 19 a (new)
Amendment 924 #
2022/0047(COD)
Proposal for a regulation
Article 20 – paragraph 2
Article 20 – paragraph 2
2. Where the data holder claims compensation for making data available in compliance with a request made pursuant to Article 15, points (b) or (c), such compensation shall not exceed the technical and organisational costs incurred to comply with the request including, where necessary, the costs of anonymisation and of technical adaptation, plus a reasonable margin. Upon request of the public sector body or the Union institution, agency or body requesting the data, the data holder shall provide information on the basis for the calculation of the costs and the reasonable margin.
Amendment 951 #
2022/0047(COD)
Proposal for a regulation
Article 22 – paragraph 3
Article 22 – paragraph 3
3. Where a public sector body intends to request data from a data holder established in another Member State, it shall first notify the competent authority of that Member State as referred to in Article 31, of that intention. This requirement shall also apply to requests by Union institutions, agencies and bodies. The request shall be evaluated inline by the competent authority of the Member State where the data holder is established.
Amendment 1103 #
2022/0047(COD)
Proposal for a regulation
Article 31 – paragraph 2 – point c
Article 31 – paragraph 2 – point c
(c) the national competent authority responsible for the application and enforcement of Chapter VI of this Regulation shall have experience, sufficient technical and human resources and expertise in the field of data and electronic communications services.
Amendment 1112 #
2022/0047(COD)
Proposal for a regulation
Article 31 – paragraph 3 – point e
Article 31 – paragraph 3 – point e
(e) monitoring technological developments of relevance for the making available and use of data with a view of better enforcing this Regulation;
Amendment 1116 #
2022/0047(COD)
Proposal for a regulation
Article 31 – paragraph 3 – point h
Article 31 – paragraph 3 – point h
(h) cooperating with all relevant competent authorities and the European Data Protection Board and the European Data Innovation Board to ensure that the obligations of Chapter VIunder this Regulation are enforced consistently with other Union legislation and self-regulation applicable to providers of data processing service;
Amendment 1118 #
2022/0047(COD)
Proposal for a regulation
Article 31 – paragraph 3 – point i a (new)
Article 31 – paragraph 3 – point i a (new)
(i a) ensuring data sharing is free of charge for consumers; ordering data holders, third parties or data recipients to provide redress, including compensation for damages, to consumers in case of harm; imposing a temporary or definitive limitation including a ban on processing or mandate data sharing to comply with this Regulation;
Amendment 1125 #
2022/0047(COD)
Proposal for a regulation
Article 31 a (new)
Article 31 a (new)
Article 31 a The role of the European Data Protection Board and the European Data Innovation Board The European Data Protection Board and the European Data Innovation Board in cooperation with the European Public Data Commons body shall foster the mutual exchange of information amongst competent authorities as well as advise and assist the Commission in matters falling under this Regulation that fall within their respective competences.
Amendment 1138 #
2022/0047(COD)
Proposal for a regulation
Article 33 – paragraph 2
Article 33 – paragraph 2
2. Member States shall by [date of application of the Regulation] notify the Commission, the European Data Protection Board and the European Data Innovation Board of those rules and measures and shall notify ithem without delay of any subsequent amendment affecting them. The Commission shall regularly update and maintain an easily accessible public register of those measures.
Amendment 9 #
2022/0031(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) As a result, it cannot be excluded that Member States continue to require Union citizens exercising their right to free movement to present proof of COVID-19 vaccination, test or recovery beyond 30 June 2022, the date when Regulation (EU) 2021/953 is set to expire. It is thus important to avoid that, in the event that certain restrictions to free movement based on public health are still in place after 30 June 2022, Union citizens and their family members are deprived of the possibility to make use of their EU Digital COVID Certificates, which are an effective, secure and privacy-preserving way of proving one’s COVID-19 status. At the same time, given that any restrictions to the free movement of persons within the Union put in place to limit the spread of SARS-CoV- 2, including the requirement to present EU Digital COVID Certificates, should be lifted as soon as the epidemiological situation allows, the extension of the application of Regulation (EU) 2021/953 should be limited to 12 months. In addition, the extension of that Regulation should not be understood as requiring Member States, in particular those that lift domestic public health measures, to maintain or impose free movement restrictions. In addition, any need for verification of certificates established by Regulation (EU) 2021/953 should not be considered to justify the temporary reintroduction of controls at internal borders. The power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union delegated to the Commission pursuant to Regulation (EU) 2021/953 should be equally extended. It is necessary to ensure that the EU Digital COVID Certificate system can adapt to scientific progress in containing the COVID-19 pandemic.
Amendment 17 #
2022/0031(COD)
Proposal for a regulation
Recital 13 a (new)
Recital 13 a (new)
(13a) Considering that the EU Digital COVID Certificate is the basis for safe free movement and EU level coordination, it is important that it is implemented in a consistent manner in particular with regards to the rules regarding children and young adults below 18 years old.
Amendment 22 #
2022/0031(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 3 – point b a (new)
Article 1 – paragraph 1 – point 3 – point b a (new)
Regulation (EU) 2021/953
Article 5 – paragraph 5 – subparagraph 2 a (new)
Article 5 – paragraph 5 – subparagraph 2 a (new)
(ba) In Article 5 paragraph 5, the following subparagraph is inserted: "Where Member States accept proof of vaccination in order to waive restrictions to free movement put in place, in accordance with Union law, to limit the spread of SARS-CoV-2, they shall also accept, under the same conditions, vaccination certificates issued by other Member States where the last dose, be it during the primary vaccination series or the booster, has been administered with a vaccine that has been authorised under this Article, even if the previous dose or doses are not administered with a vaccine approved under this Article".
Amendment 25 #
2022/0031(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 5 a (new)
Article 1 – paragraph 1 – point 5 a (new)
Regulation (EU) 2021/953
Article 11 – paragraph 1
Article 11 – paragraph 1
(5a) In Article 11, paragraph 1 is replaced by the following: "1. Without prejudice to Member States’ competence to impose restrictions on grounds of public health, where Member States accept vaccination certificates, test certificates indicating a negative result or certificates of recovery, they shall refrain from imposing additional restrictions to free movement, such as additional travel-related testing for SARS CoV-2 infection or travel-related quarantine or self-isolation, unless they are necessary and proportionate for the purpose of safeguarding public health in response to the COVID-19 pandemic, also taking into account available scientific evidence, including epidemiological data published by the ECDC on the basis of Recommendation (EU) 2020/1475. (https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32021R0953&from=EN)." Or. en
Amendment 28 #
2022/0031(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 5 b (new)
Article 1 – paragraph 1 – point 5 b (new)
Regulation (EU) 2021/953
Article 11 – paragraph 3
Article 11 – paragraph 3
Amendment 792 #
2021/2046(INI)
Motion for a resolution
Paragraph 31 a (new)
Paragraph 31 a (new)
31a. Welcomes the fact that the EU has reaffirmed its long-term strategic goal to get close to zero deaths and zero serious injuries on European roads by 2050, known as Vision Zero, and its medium- term goal to reduce deaths and serious injuries by 50 % by 2030; Calls on the European Commission and the Member States to implement an ambitious 2021- 2030 policy framework to achieve the 2030 target in line with the European Parliament Resolution on EU Road Safety Policy Framework 2021-2030 – Recommendations on next steps towards ‘Vision Zero’;
Amendment 795 #
2021/2046(INI)
Motion for a resolution
Paragraph 32
Paragraph 32
32. Supports the Commission’s efforts to either establish a European Road Safety Agency or task an existing agency withTransport Agency as the most effective way to supporting sustainable, safe and smart road transport or, failing this, to task an existing agency;
Amendment 27 #
2021/2014(INI)
Motion for a resolution
Recital F a (new)
Recital F a (new)
F a. whereas less car use in cities and urban areas, combined with safer environments for pedestrians and cyclists, improve road safety and air quality, reduce CO2 emissions and congestion and help develop a more active and healthy lifestyle;
Amendment 37 #
2021/2014(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. Recalls that, although road safety is a shared responsibility among all actors and authorities concerned at EU, national and local level, the EU should exercise a strong leadership, in order to ensure that road safety remains a priority in road transport, contributing to closing the road safety gap between Member States and remaining a global leader in this domain;
Amendment 59 #
2021/2014(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Highlights that a proactive assessment of the EU road network will be a useful tool to assess the in-built safety of roads and to target investment; welcomes, in this regard, the risk mapping and safety rating of motorways and primary roads introduced in the recently revised EU infrastructure safety rules4 and calls on the Member States to designate as many primary roads in their territory as possible to increase the road safety potential of the new directive; calls on the Commission and the Member States to agree as soon as possible on a methodology to carry out systematic network-wide road assessments including elements important for safety of active roads users, as mandated in the revision of the above- mentioned act; calls on the Commission and the Member States to speed up the work on the specifications at EU level for the performance of road signs and markings in order to prepare the way for a higher level of automation in vehicles and on quality requirements for walking and cycling infrastructure in order to address the insufficient level of safety of active road users; _________________ 4Directive (EU) 2019/1936 of the European Parliament and of the Council of 23 October 2019 amending Directive 2008/96/EC on road infrastructure safety management, OJ L 305, 26.11.2019, p. 1.
Amendment 62 #
2021/2014(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. Notes that, according to the late revision of the EU infrastructure safety rules, the Commission is bound to consider revising the Directive 2004/54/EC on minimum safety requirements for tunnels by 2021 and to consider adopting a new legislative proposal on minimum safety requirements for bridges; calls on the Commission to further improve safe use of tunnels by, inter alia, organising awareness raising campaigns and by conducting relevant studies;
Amendment 82 #
2021/2014(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7 a. Calls upon the EC to develop crash test dummies standards representative of more aspects of variability such as age, gender, size and stature for users inside and outside of the vehicle;
Amendment 87 #
2021/2014(INI)
Motion for a resolution
Paragraph 7 b (new)
Paragraph 7 b (new)
7 b. Calls on the Commission to mandate Anti-Lock Braking systems for all category of motorcycles in the upcoming revision of the type-approval of L-category vehicles;
Amendment 128 #
2021/2014(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13 a. Notes that, driving or riding whilst using a mobile phone and other electronic devices significantly impairs driving ability and plays a role in 10-30% of road collisions; calls on Member States to introduce effective, proportionate and dissuasive penalties, including non financial penalties, for mobile phone use, raise awareness of the risks and improve enforcement;
Amendment 131 #
2021/2014(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Recalls that the Driving Licence Directive established a harmonised EU licence model and introduced minimum requirements for obtaining licences; notes that the directive will need to be kept up- to-date regarding new technological developments in vehicle and infrastructure technology and vehicle automation; calls on the Commission to consider mandatory standards for examinations and minimum training delivered by professional instructors, as well as introducing a graduated licencing and life-long learning system that encourages novice drivers to gain more experience while limiting certain high-risk activities such as driving at night and with passengerin higher-order skills such as traffic in sight, self- assessment, and hazard perception, while limiting certain high-risk activities such as driving at night and with passengers; highlights that driver training shall include knowledge of Advance Driving Assistance Systems, as well as the new safety aspects coming from the deployment of alternative fuel vehicles (e.g., issues coming from batteries from electric vehicles and learning how to react in the cases of accident); believes that restrictions to training in automatic gears should be lifted, after the successful completion of the driving test, to promote the uptake of alternative fuels vehicles; notes with concern that cases of irregular issuing of driving licences have been reported in several Member States and calls on the Commission to monitor this issue;
Amendment 141 #
2021/2014(INI)
14 a. Calls on the European commission to make sure that the EU Directive 89/391/EEC on health and safety of workers which requires every employer in Europe to undertake a risk assessment according to the principle of prevention is applied for driving or riding for work; calls furthermore on the EC and Member States to work towards consistent levels of enforcement of working time across the EU; calls Member States to support efforts to tackle fraudulent use of tachographs including equipping enforcement officers with knowledge and equipment and improving use of data sharing arrangements between agencies within Member States;
Amendment 144 #
2021/2014(INI)
Motion for a resolution
Paragraph 14 b (new)
Paragraph 14 b (new)
14 b. Calls on the Commission to assess making theoretical and practical training and tests mandatory to obtain a driving licence for all categories of Powered Two- Wheelers;
Amendment 149 #
2021/2014(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Notes that the COVID-19 pandemic has led to the expansion of the home delivery sector and specifically the use of vans, powered two-wheelers and bicycles; calls on the Commission to consider introducing a requirement for van drivers to undergo professional driver training and proposing a regulation on working hours and rest periods forto extend the existing Union acquis on road transport to van drivers; calls on the Commission to assess the introduction of a recommendation on the safety of delivery personnel, including requirements for employers and companies to ensure the provision and use of safety equipment and safe vehicles;
Amendment 153 #
2021/2014(INI)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15 a. Calls on the Commission to present a legislative proposal, without prejudice to Regulation(EU) 2020/1054, for the recording and documentation of working time in accordance with CJEU ruling of 14 May 2019 in case C-55/18 for drivers engaged in operations and vehicles that are not covered by Regulation (EU) 2020/1054;
Amendment 161 #
2021/2014(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Highlights the importance of fasat and effective post-crash care in significantly reducing the consequences of injuryand complete post-crash response includes, in addition to medical care and rehabilitation, thorough crash investigation to identify causes & measures to prevent recurrence, criminal and civil proceedings whenever appropriate and support and recognition for the victims; calls on the Member States, in this context, to establish closer collaboration between their road safety authorities and the health sector, to make it mandatory to build emergency lanes and to enforce their correct use to speed up rescue operations; calls on the Commission to consider making first aid training compulsory in the future revision of the Driving Licence Directive;
Amendment 173 #
2021/2014(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Highlights that external factors and emerging societal trends present unprecedented challenges to road safety under the EU strategy to 2030 and beyond; notes that the EU should pave the way for connected and automated vehicles to be rolled out in due time and should assess the possible risks of combining such vehicles with traditional vehicles in mixed traffic and vulnerable road users; calls, therefore, on the Commission to fully assess the impact of increased automated vehicles on reducing safer, more environmentally friendly modes (walking, cycling, public transport, train etc.), as well as the impact on urban areas of automated vehicles;
Amendment 202 #
2021/2014(INI)
Motion for a resolution
Paragraph 22 a (new)
Paragraph 22 a (new)
22 a. Highlights the importance of the annual World Day of Remembrance for road traffic victims, each third Sunday of November, adopted by UN General Assembly Resolution 60/5 on 26th October 2005, as an appropriate acknowledgement for victims of road traffic crashes and their families;
Amendment 209 #
2021/2014(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Is of the view that in order to properly implement the next steps in the EU road safety policy under the overarching Sustainable and Smart Mobility Strategy, some new capacities are needed in the field of road safety, in particular with respect to the coordination, monitoring and evaluation functions and technical support for the overall strategy; calls on the Commission in this regard to explore options to further support safe rpresent a proposal for a European Road tTransport under an existing agency or another bodAgency;
Amendment 235 #
2021/0420(COD)
Proposal for a regulation
Recital 6
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.
Amendment 264 #
2021/0420(COD)
Proposal for a regulation
Recital 13
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).
Amendment 271 #
2021/0420(COD)
Proposal for a regulation
Recital 16
Recital 16
(16) Regional and local authorities have legitimate interest in the construction and commissioning of the network installations on which their social, economic and environmental development depends. The interests of regional and local authorities, as well as those of the public concerned by a project of common interest, shouldmust therefore, be appropriately taken into account in the planning and construction phase of projects.
Amendment 289 #
2021/0420(COD)
Proposal for a regulation
Recital 24
Recital 24
(24) The core network with a deadline of 2030 and the extended core network with a deadline of 2040 should constitute the foundation of the sustainable multimodal transport network, representing the strategically most important nodes and links of the trans-European transport network, according to traffic needs. They should stimulate the development of the entire comprehensive network and enable Union action to concentrate on those components of the trans-European transport network with the highest European added value, in particular cross- border sections, including maritime cross- border nodes, missing links, multimodal connecting points and major bottlenecks.
Amendment 309 #
2021/0420(COD)
Proposal for a regulation
Recital 27
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 while paying a special attention to islands.
Amendment 324 #
2021/0420(COD)
Proposal for a regulation
Recital 34
Recital 34
(34) Projects of common interest to develop the trans-European transport network in line with the requirements set out in this Regulation have European added value, as they contribute to a high- quality, interoperable and multimodal European network, increasing sustainability, resilience, cohesion, efficiency or user benefits. The European added value is higher if it leads, in addition to the potential value for the respective Member State alone, to significant improvements of transport connections or transport flows between Member States or between a Member State and a third country. Such cross-border projects should be the subject of priority intervention by the Union in order to ensure that they are implemented.
Amendment 408 #
2021/0420(COD)
Proposal for a regulation
Recital 46 a (new)
Recital 46 a (new)
(46a) Maritime ports play a key role in the import, export, storage, distribution, production and security of supply of energy that should be considered when assessing their role in the network. Synergies between TEN-T and TEN-E should be maximised to ensure the coherence and comprehensiveness of the networks;
Amendment 506 #
2021/0420(COD)
Proposal for a regulation
Recital 72 a (new)
Recital 72 a (new)
(72a) The share of the EU budget currently dedicated to transport infrastructures, including the Connecting European Facility, is insufficient to match the needs in terms of co-financing to meet the ambitious standards and deadlines of the Regulation. This miss- matching paired with the current level of inflation demands a forward-thinking approach. The Commission should, therefore, explore innovative funding options.
Amendment 512 #
2021/0420(COD)
Proposal for a regulation
Recital 74 a (new)
Recital 74 a (new)
(74a) The inclusion of ports, airports, terminals and urban nodes in Annexes I and II sets the application of other EU legislations. The network should, therefore, remain as stable as possible and avoid exclusions to ensure a sufficient level of legal certainty. Therefore, where the established quantitative thresholds are no longer met, the Commission, shall take into account qualitative indicators and any cyclical factors which may explain the decline in infrastructure traffic before excluding the infrastructure from the network;
Amendment 543 #
2021/0420(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point d
Article 3 – paragraph 1 – point d
(d) 'cross-border section' means the section which ensures the continuity of a project of common interest on both sides of the border, between the closest urban nodes to the border of two Member States or between a Member State and a neighbouring country or refers to infrastructure in maritime ports, which enables cross-border maritime transport flows;
Amendment 547 #
2021/0420(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point f
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, local and urban traffic of passengers and freight;
Amendment 607 #
2021/0420(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point z
Article 3 – paragraph 1 – point z
(z) ‘maritime port’ means an area of land and water made up of such infrastructure and equipment so as to permit, principally, the reception of waterborne vessels, their loading and unloading, the storage of goods, the receipt and delivery of those goods and the embarkation and disembarkation of passengers, crew and other persons and any other infrastructure necessary for transport operators within the port area and which serves as a gateway for trade, industrial clusters and energy hubs;
Amendment 633 #
2021/0420(COD)
Proposal for a regulation
Article 4 – paragraph 2 – point a – point ii
Article 4 – paragraph 2 – point a – point ii
(ii) enabling greater use of more sustainable modes of transport, including by further developingamong which collective passenger modes, including by further developing local public transport and related infrastructures, a long-distance rail passenger network at high speed and a fully interoperable rail freight network, a reliable inland waterway and short-sea shipping network across the Union;
Amendment 654 #
2021/0420(COD)
Proposal for a regulation
Article 4 – paragraph 2 – point b – point iv a (new)
Article 4 – paragraph 2 – point b – point iv a (new)
(iva) increase of the modal share of public transport and of active modes;
Amendment 669 #
2021/0420(COD)
Proposal for a regulation
Article 4 – paragraph 2 – point c – point vii a (new)
Article 4 – paragraph 2 – point c – point vii a (new)
(viia) the adaptation of regulatory standards to territorial realities of outermost regions and other remote, insular, peripheral and mountainous regions or in sparsely populated areas, or for isolated or partially isolated networks;
Amendment 678 #
2021/0420(COD)
Proposal for a regulation
Article 4 – paragraph 2 – point d – point v
Article 4 – paragraph 2 – point d – point v
(v) ensuring the resilience of infrastructure, in particular on cross-border sections, including maritime cross-border nodes;
Amendment 689 #
2021/0420(COD)
Proposal for a regulation
Article 5 – title
Article 5 – title
Resource-efficient network, resilience and environmental protection
Amendment 695 #
2021/0420(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point c
Article 5 – paragraph 1 – point c
(c) the deployment of alternative fuels recharging and refuelling infrastructure, including for zero-emission bus and coach fleets at urban nodes and with the location thereof decided in cooperation with relevant local transport authorities;
Amendment 702 #
2021/0420(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point f
Article 5 – paragraph 1 – point f
(f) the taking into account of possible synergies with other networks, in particular the trans-European energy or telecommunication networks, or EuroVelo, the European cycle route network;
Amendment 711 #
2021/0420(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point i
Article 5 – paragraph 1 – point i
(i) the resilience of infrastructure, especially at cross-border sections, including maritime cross-border nodes, assuring to respond and recover rapidly from traffic disruptions.
Amendment 743 #
2021/0420(COD)
Proposal for a regulation
Article 9 – paragraph 1 – point b
Article 9 – paragraph 1 – point b
(b) ensure the connection between the trans-European transport network and the transport networks of the third countries at border crossing points, including maritime cross-border nodes, in order to guarantee seamless traffic flows, border checks, border surveillance and other border control procedures;
Amendment 770 #
2021/0420(COD)
Proposal for a regulation
Article 12 – paragraph 1 – point a
Article 12 – paragraph 1 – point a
(a) increasing the overall modal share of freight and passenger transport activity of more sustainable modes of transport in view of a reduction of GHG emissions from transport;
Amendment 775 #
2021/0420(COD)
Proposal for a regulation
Article 12 – paragraph 1 – point d
Article 12 – paragraph 1 – point d
(d) bridging missing links and removing bottlenecks, particularly in cross- border sections, including maritime cross- border nodes ;
Amendment 865 #
2021/0420(COD)
Proposal for a regulation
Article 15 – paragraph 2 – point e a (new)
Article 15 – paragraph 2 – point e a (new)
(ea) does not constitute a barrier to active modes; at least twice as many safe and comfortable crossings across the line tracks shall be provided for cycling as for motorised vehicles;
Amendment 866 #
2021/0420(COD)
Proposal for a regulation
Article 15 – paragraph 2 – point e b (new)
Article 15 – paragraph 2 – point e b (new)
(eb) enables passenger trips to be combined with active modes, including by providing secure bicycle parking in adequate numbers at the stations and cycle connections with nearby settlements at least in the area of 4 km around the station;
Amendment 867 #
2021/0420(COD)
Proposal for a regulation
Article 15 – paragraph 2 – point e c (new)
Article 15 – paragraph 2 – point e c (new)
(ec) enables effective realisation of the passenger rights established in Article 6 of Regulation (EU) 2021/782. All the railway station’s platforms must be accessible with ramps or lifts allowing transport of bicycles.
Amendment 917 #
2021/0420(COD)
Proposal for a regulation
Article 16 – paragraph 5 – point b
Article 16 – paragraph 5 – 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 paragraphs 2 to 4. Any exemption shall be based on a socio-economic cost-benefit analysis and an assessment of the impact on interoperability and the circulation of freight trains. An exemption shall comply with the requirements of Directive (EU) 2016/797, be coordinated and agreed with the neighbouring Member State(s) where applicable.
Amendment 949 #
2021/0420(COD)
Proposal for a regulation
Article 17 – paragraph 1 – point b
Article 17 – paragraph 1 – point b
(b) class B systems are decommissioned, unless designed to perform in a mass transit system in urban nodes.
Amendment 1044 #
2021/0420(COD)
Proposal for a regulation
Article 19 – paragraph 1 – point g a (new)
Article 19 – paragraph 1 – point g a (new)
(ga) integrating cycling infrastructure alongside rail lines and within civil engineering structures such as bridges or tunnels.
Amendment 1110 #
2021/0420(COD)
Proposal for a regulation
Article 23 – paragraph 1 – point e a (new)
Article 23 – paragraph 1 – point e a (new)
(ea) providing active modes infrastructure alongside waterways.
Amendment 1125 #
2021/0420(COD)
Proposal for a regulation
Article 24 – paragraph 4 – point b a (new)
Article 24 – paragraph 4 – point b a (new)
(ba) its total annual cargo volume -for bulk and/or for non-bulk cargo handling - exceeds annually 400.000 tonnes and its contribution to the diversification of EU energy supplies and to the acceleration of the roll out of renewable energies is one of the main activities of the port.
Amendment 1142 #
2021/0420(COD)
Proposal for a regulation
Article 24 – paragraph 4 a (new)
Article 24 – paragraph 4 a (new)
4a. It is of geopolitical strategic importance and part of national strategic plans in terms of emergency supply chains or energy security.
Amendment 1196 #
2021/0420(COD)
Proposal for a regulation
Article 29 – paragraph 1 – point h a (new)
Article 29 – paragraph 1 – point h a (new)
(ha) Where applicable, parts of TEN-T roads designated for automated driving will need to be designed, built, or upgraded and maintained to meet minimum performance standards ensuring the safe use of automated vehicles, including: - Visibility and state of the traffic signs, signals, and road markings, including: Minimal width of markings, use of contrast markings, proper removal of old markings, common minimal dimensions of warning, prohibitory and mandatory road signs, minimum class of retroreflective materials. - Surface quality and grip requirements. - A fail safe infrastructure design in line with the Safe System approach.
Amendment 1204 #
2021/0420(COD)
Proposal for a regulation
Article 29 – paragraph 2 – point d a (new)
Article 29 – paragraph 2 – point d a (new)
(da) the road has a parallel cycle track or an alternative route for active modes.
Amendment 1205 #
2021/0420(COD)
Proposal for a regulation
Article 29 – paragraph 2 – point d b (new)
Article 29 – paragraph 2 – point d b (new)
(db) the road does not constitute a barrier to active modes; at least twice as many safe and comfortable crossings across the road shall be provided for cycling as for motorised vehicles; in and next to built-up areas the distance between crossings for active modes should not exceed 400 m.
Amendment 1210 #
2021/0420(COD)
Proposal for a regulation
Article 29 – paragraph 3 a (new)
Article 29 – paragraph 3 a (new)
3a. Member States shall ensure, by 31 December 2030, the readability and detectability of road signs and road markings to achieve optimal effectiveness of the advanced driver assistance systems (ADAS) mandated in the General Safety Regulation for motor vehicles (EU 2019/2144), and in line with Article 6c of the Road Infrastructure Safety Management Directive (EU2019/1936). The road signs and markings should meet EU-wide agreed minimum performance requirements on the visibility and state of the traffic signs, signals, and road markings, including: - Minimal width of markings. - Use of contrast markings. - Proper removal of old markings. - Common minimal dimensions of warning, prohibitory and mandatory road signs. - Minimum class of retroreflective materials.
Amendment 1224 #
2021/0420(COD)
Proposal for a regulation
Article 30 – paragraph 4 a (new)
Article 30 – paragraph 4 a (new)
4a. Member States shall ensure that the road infrastructure of the core network and extended network meet the requirements set out in Article29(3b) by 31 December 2028.
Amendment 1225 #
2021/0420(COD)
Proposal for a regulation
Article 30 – paragraph 5
Article 30 – paragraph 5
5. At the request of a Member State, in duly justified cases, exemptions from the requirement set out in Article 29 (2), point (a), may be granted by the Commission by means of implementing acts, in particular where the traffic density does not exceed 10,000 vehicles per day in both directions, or when there are specific geographic or significant physical constraints, as long as an appropriate level of safety is ensuredthese roads meet at least the medium to high level of safety category within the categorisation system set up by the requirements of the infrastructure safety management directive (EU 2019/1936). Any request for exemption shall be based on a socio-economic cost-benefit analysis, the assessment of specific geographic or significant physical constraints and/or of potential negative impacts on environment and biodiversity of the investments.
Amendment 1236 #
2021/0420(COD)
Proposal for a regulation
Article 31 – paragraph 1 – point d a (new)
Article 31 – paragraph 1 – point d a (new)
(da) integrating cycling infrastructure within civil engineering structures such as bridges and tunnels.
Amendment 1314 #
2021/0420(COD)
Proposal for a regulation
Article 37 – paragraph 5
Article 37 – paragraph 5
5. At the request of a Member State, in duly justified cases, exemptions from the obligations under paragraphs 1 to 4 may be granted by the Commission by means of implementing acts where investment in infrastructure cannot be justified in socio- economic cost-benefit terms, in particular when the terminal is located in a spatially restricted area , especially in urban nodes.
Amendment 1323 #
2021/0420(COD)
Proposal for a regulation
Article 39 – paragraph 1 – point c
Article 39 – paragraph 1 – point c
(c) first and last mile connections between and to these access points, particularly including local and regional collective passenger modes.
Amendment 1342 #
2021/0420(COD)
Proposal for a regulation
Article 40 – paragraph 1 – point c – point i
Article 40 – paragraph 1 – point c – point i
(i) for passenger transport: sustainable, seamless and safe interconnection between local public transport, rail, road, air, the active modes of transport and, as appropriate, inland waterway and maritime infrastructure;
Amendment 1356 #
2021/0420(COD)
Proposal for a regulation
Article 40 – paragraph 1 – point d
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 to meet urban logistics needs and ensure last mile connections within or in the vicinity of the urban node.
Amendment 1385 #
2021/0420(COD)
Proposal for a regulation
Article 44 – paragraph 1 – point a a (new)
Article 44 – paragraph 1 – point a a (new)
(aa) encourage research and development of green and innovative alternatives in territories exempted from TEN-T technical measures, such as islands and outermost regions;
Amendment 1450 #
2021/0420(COD)
Proposal for a regulation
Article 50 – paragraph 2 – point a
Article 50 – paragraph 2 – point a
(a) modal integration with a particular view to strengthen the most environmentally friendly transport modes, notably zero emission local public transport, rail, inland waterways and short- sea shipping;
Amendment 1503 #
2021/0420(COD)
Proposal for a regulation
Article 52 – paragraph 2
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 regional authorities and urban TEN-T nodes.
Amendment 1510 #
2021/0420(COD)
Proposal for a regulation
Article 52 – paragraph 3 – subparagraph 1 – point b
Article 52 – paragraph 3 – subparagraph 1 – point b
(b) the coordinated development and implementation of infrastructure projects in cross-border sections including maritime cross-border nodes;
Amendment 1512 #
2021/0420(COD)
Proposal for a regulation
Article 52 – paragraph 3 – subparagraph 1 – point e
Article 52 – paragraph 3 – subparagraph 1 – point e
(e) urban nodes with local public transport and active modes;
Amendment 1532 #
2021/0420(COD)
Proposal for a regulation
Article 52 – paragraph 6
Article 52 – paragraph 6
6. The European Coordinator mayshall consult regional and local authorities, infrastructure managers, transport operators, in particular those which are members of the rail freight governance, the supply industry, transport users and representatives of civil society in relation to the work plan and its implementation. In addition, the European Coordinator responsible for ERTMS shall closely cooperate with the European Union Agency for Railways and Europe's Rail Joint Undertaking and the European Coordinator for the European Maritime Space with the European Maritime Safety Agency.
Amendment 1595 #
2021/0420(COD)
Proposal for a regulation
Article 56 – paragraph 1 – subparagraph 1 – point c a (new)
Article 56 – paragraph 1 – subparagraph 1 – point c a (new)
(ca) Regularly assesses the classification of the urban nodes in the network in close coordination with regional and local authorities;
Amendment 1640 #
2021/0420(COD)
Proposal for a regulation
Annex 1 – part 6/23
Annex 1 – part 6/23
Add the following to the core network: - Limerick – Galway – Sligo - Letterkenny rail freight line (Conventional/New Construction)
Amendment 1641 #
2021/0420(COD)
Proposal for a regulation
Annex 1 – part 7/23
Annex 1 – part 7/23
Add the following to the core network: - Limerick Junction – Limerick -Galway- Sligo-Letterkenny rail passenger line (Conventional/New Construction railway) - Cork – Limerick – Galway – Sligo- Letterkenny Motorway
Amendment 1734 #
2021/0420(COD)
Proposal for a regulation
Annex 2 - table - section IE
Annex 2 - table - section IE
Node name: Galway Maritime port: Core
Amendment 1735 #
2021/0420(COD)
Proposal for a regulation
Annex 2 - table - section IE
Annex 2 - table - section IE
Node name: Killybegs Maritime port: Core
Amendment 1736 #
2021/0420(COD)
Proposal for a regulation
Annex 2 - table - section IE
Annex 2 - table - section IE
Node name: Sligo Maritime port: Core
Amendment 1737 #
2021/0420(COD)
Proposal for a regulation
Annex 2 - table - section IE
Annex 2 - table - section IE
Node name: Carraig Fhiáin/Carrickfin Airport: comprehensivre (Dúnnan Gall/ Donegal)
Amendment 1738 #
2021/0420(COD)
Node name: An Cnoc/Knock Airport: comprehensivre (Cúige Chonnacht/Connaught)
Amendment 1739 #
2021/0420(COD)
Proposal for a regulation
Annex 2 - table - section IE
Annex 2 - table - section IE
Node name: Luimeneach/Limerick Airport: comprehensivre (Sionainn/Shannon)
Amendment 1791 #
2021/0420(COD)
Proposal for a regulation
Annex 3 - part 3/14
Annex 3 - part 3/14
Add the following to the corridor North Sea – Alpine: - Cork-Limerick-Galway-Sligo- Letterkenny motorway - Limerick – Galway – Sligo - Letterkenny rail freight line - Port of Sligo - Port of Galway - Port of Killybegs
Amendment 1792 #
2021/0420(COD)
Proposal for a regulation
Annex 3 - part 4/14
Annex 3 - part 4/14
Add the following to the corridor North Sea – Alpine: - Limerick Junction – Limerick -Galway- -Sligo-Letterkenny rail passengers line - Ireland West Airport Knock - Shannon Airport - Donegal Airport
Amendment 22 #
2021/0414(COD)
Proposal for a directive
Recital 4
Recital 4
(4) Digitalisation is changing the world of work, improving productivity and enhancing flexibilityenhancing flexibility (whether desired or imposed), while also carrying some risks for employment and working conditions, for the health and safety of workers and for the protection of the fundamental right to privacy, tax law, and labour law in general. Algorithm-based technologies, including automated monitoring and decision-making systems, have enabled the emergence and growth of digital labour platforms. However, the architecture or design of the business model of digital labour platforms, particularly in the area of transport, has adverse consequences for workers and is often responsible for bad working conditions, the circumvention of labour law, greater insecurity, and the endangering and exploitation of workers.
Amendment 32 #
2021/0414(COD)
Proposal for a directive
Recital 5 a (new)
Recital 5 a (new)
5a. In order to ensure their safety at work, digital platform workers in the transport and logistics sector should have appropriate working and safety equipment provided (particularly for deliverers on bicycles, mopeds and motorcycles), as well as vehicles in good working order and the necessary training, in line with their status.
Amendment 34 #
2021/0414(COD)
Proposal for a directive
Recital 5 b (new)
Recital 5 b (new)
5b. In order to ensure the safety of workers, digital platforms should, in accordance with Regulation (EU) 2016/679, communicate the identity of the clients making use of the services offered by the platform, so that drivers, and particularly female drivers, and ride- hailing drivers are aware of the identity of the people they are carrying and so that couriers, and particular female couriers, on bicycles know who they are going to deliver meals to.
Amendment 36 #
2021/0414(COD)
Proposal for a directive
Recital 6
Recital 6
(6) Platform work can provide opportunities for accessing the labour market more easily, gaining additional income through a secondary activity or enjoying somrelative flexibility in the organisation of working time. At the same time, platform work brings challenges, as it candigital platforms do not comply with European or national legislation and force their workers to work fraudulently as self-employed workers, circumventing labour law, seeking to blur the boundaries betweenof the employment relationship and self- employed activity, anenabling employers to avoid their responsibilities tof employers and workers. Misclassification of the employment status has serious consequences for the persons affected, as it is likely to restricts access to existing labour and social rights. It also leads tohas consequences for all workers, since work via a platform in its current form leads to the unravelling, in the long term, of all the social protections and labour law and downgrades them. It also leads to the exploitation of workers, social dumping, an uneven playing field with respect to businesses that classify their workers correctly, and it has implications for Member States’ industrial relations systems, their tax base and the coverage and sustainability of their social protection systems. While such challenges are broader than platform work, they are particularly acute and pressing in the platform economy, especially for those working in the transport sector. This is partly because the platforms circumvent labour law and tax law, and therefore benefit from unfair and illegally advantageous conditions compared with traditional businesses that comply with the law. In addition, the fact that the platforms do not comply with the regulations in force that are specific to their area of business, particularly in the passenger transport sector, also constitutes unfair competition. In addition, transport jobs are often strenuous occupations, and the demanding nature of the work is made greater by misclassification, the absence of predictable and transparent rules, and the absence of independent dialogue between the platforms and the trade unions on labour matters.
Amendment 57 #
2021/0414(COD)
Proposal for a directive
Recital 18 a (new)
Recital 18 a (new)
18a. When establishing or introducing practical arrangements for information, consultation, negotiation or dialogue on labour matters, employers and the workers’ representatives should work in a spirit of cooperation and with due regard for their reciprocal rights and obligations, making joint efforts to improve working conditions and workers’ rights. Digital labour platforms will ensure, together with the trade unions, that elections for workers’ representatives comply with fundamental rights and freedoms and are in line with applicable national law and practices.
Amendment 64 #
2021/0414(COD)
Proposal for a directive
Recital 23
Recital 23
(23) Ensuring correct determination of the employment status should not prevent the improvement of working conditions of genuine self-employed persons performing platform work. Where a digital labour platform decides – on a purely voluntary basis or in agreement with the persons concerned – to pay for social protection, accident insurance or other forms of insurance, training measures or similar benefits to self-employed persons working Furthermore, workers are either employees or self-employed. The creation of a third status, which would be detrimental to transport workers, enabling the digital platform to benefit from the advantages of employer status withrough that platform, those benefits as such should not be regarded as determining elements indicating the existence of an employment relationshipt assuming the corresponding obligations, is in no way relevant and should under no circumstances be opened up as a possibility by this Directive.
Amendment 68 #
2021/0414(COD)
Proposal for a directive
Recital 24
Recital 24
(24) When digital labour platforms control certain elements of the performance of work, they act like employers in an employment relationship. Direction and control, or l, since that is an indication that the activity performed by the worker is an integral part of the activity of the platform. Legal subordination, is an essential element of the definition of an employment relationship in the Member States and in the case-law of the Court of Justice. Therefore contractual relationships in which digital labour platforms exert a certain level of control over certain elements ofcontrol or supervise the performance of work should be deemed, by virtue of a legal presumption, to be an employment relationship between the platform and the person performing platform work through it. As a result, that person should be classified ais a worker having all the rights and obligations in accordance with that status, as laid down in national and Union law, and collective agreements and practice. The legal presumption should apply in all relevant adminiof employee strative and legal proceedings and should benefit the person performing platform work. Authorities in charge of verifying the compliance with or enforcing relevant legislation, such as labour inspectorates, social protection bodies or tax authorities, should also be able to rely on that presumption. Member States should put us should be generally applicable and should benefit all persons performing place a national framework to reduce litigation and increase legal certaintytform work.
Amendment 75 #
2021/0414(COD)
Proposal for a directive
Recital 30 a (new)
Recital 30 a (new)
30a. The use of algorithmic scheduling systems heightens the use of precarious, short shifts and unstable and unpredictable schedules. Algorithmic direction, evaluation, and discipline intensify work effort by increasing monitoring, control and supervision of work, raising the pace required from workers, minimising gaps in workflow and extending work activity beyond the conventional workplace and working hours. These algorithmic systems are present on all digital labour platforms and form part of their business model in order to align the service they supply with clients’ demands. However, workers and their representatives often only have a low degree of visibility of or control over these algorithmic systems, even though the systems organise work and impact working conditions. This is particularly true for freight transport and delivery services.
Amendment 79 #
2021/0414(COD)
Proposal for a directive
Recital 42
Recital 42
(42) Platforms that are active in the transport, delivery or logistics sectors are companies like any other and must comply with the regulations and collective agreements in force in the relevant sectors. Information on the number of persons performing platform work through digital labour platforms on a regular basis, their contractual or employment status and the general terms and conditions applicable to those contractual relationships is essential to support labour inspectorates, social protection bodies and other relevant authorities in correctly determining the employment status of persons performing platform work and in ensuring compliance with legal obligations as well as representatives of persons performing platform work in the exercise of their representative functions and should therefore be made accessible to them. Those authorities and representatives should also have the right to ask digital labour platforms for additional clarifications and details, such as basic data on working conditions regarding working time and remuneration. Digital labour platforms must be included in the public register of companies, and the relevant information must be included for all digital labour platforms operating in the country, in order to ensure fair competition between them. This information should include, among other elements, information on the number of workers and the company’s status and turnover.
Amendment 85 #
2021/0414(COD)
Proposal for a directive
Article premier – paragraph 1
Article premier – paragraph 1
1. The purpose of this Directive is to improve the working conditions of persons performing platform work by ensuring correct determination of their employment status in order to guarantee their rights, by promoting transparency, fairness and accountability in algorithmic management in platform work and by improving transparency in platform work, including in cross-border situations, while supporting the conditions for the sustainable growth of digital labour platforms in the Union.
Amendment 88 #
2021/0414(COD)
Proposal for a directive
Article premier – paragraph 3
Article premier – paragraph 3
3. This Directive applies to digital labour platforms organising platform work performed in the Union, irrespective of their place of establishment and irrespective of the law otherwise applicableof the company or the client. The digital labour platform must comply with the legislation applicable in the country where the service is provided in order to guarantee equal treatment for workers and companies.
Amendment 100 #
2021/0414(COD)
Proposal for a directive
Article 3 – paragraph 2 a (new)
Article 3 – paragraph 2 a (new)
2a. Digital labour platforms exerting the prerogatives of employers, such as supervision, organisation, control of work or sanctions, are companies and shall comply with the corresponding employers’ obligations under national law and collective agreements applicable in the sector of activity, and in particular with regard to labour law, tax law, the financing of social protection and responsibility for health and safety. Platform workers shall fully enjoy employee status in line with national law and sectoral collective agreements, including the right to join a trade union, to organise and to engage in collective bargaining.
Amendment 171 #
2021/0414(COD)
Proposal for a directive
Article 7 – paragraph 1
Article 7 – paragraph 1
1. Member States shall ensure that digital labour platforms regularly mall decisions that have an impact on working conditor and evaluate the impact of individual decisions taken or supported by automated monitoring and decision-making systems, as referred to in Article 6(1), on working conditions. ions, health and safety and decisions to suspend accounts shall not be taken by automated or semi-automated monitoring and decision-making systems and that reasons may be given for the decisions, in line with national law and collective agreements. Member States shall ensure that workers, through their representatives, have a right of co- decision in respect of the algorithm systems, and that there is human intervention and human supervision of all the decisions that have an impact on working conditions (such as the organisation of work, working time, remuneration and promotion), especially for important decisions such as disciplinary measures or dismissal.
Amendment 179 #
2021/0414(COD)
Proposal for a directive
Article 9 – paragraph 1
Article 9 – paragraph 1
1. Without prejudice to the rights and obligations under Directive 2002/14/EC, Member States shall ensure information and consultation of platform workers’ representatives or, where there are no such representatives, of the platform workers concerned by digital labour platforms, on decisions likely to lead to the introduction of or substantial changes in the use of automated monitoring and decision-making systems referred to in Article 6(1), in accordance with this Article. Workers’ rights to information and to consultation, access to information for representatives and the competent authorities, and access to evidence should be granted irrespective of whether the algorithm is managed by the digital labour platform or by a sub- contracted service provider which sells its management services to the platform. Moreover, the labour inspectorate must have access to all the contents of the algorithm so that it may scrutinise the algorithmic management criteria.
Amendment 181 #
2021/0414(COD)
Proposal for a directive
Article 9 – paragraph 1 a (new)
Article 9 – paragraph 1 a (new)
1a. Persons performing platform work shall be granted the right to data portability, including portability of reputational data, or the right not to transfer those data if they do not wish to, as well as the right to rectification, the right to erasure and the right to be forgotten. Digital labour platforms shall make their reputation systems interoperable to ensure that such data transfers may be carried out.
Amendment 185 #
2021/0414(COD)
Proposal for a directive
Article 12 – paragraph 1 – introductory part
Article 12 – paragraph 1 – introductory part
1. Where labour, social protection and other relevant authorities exercise their functions in ensuring compliance with legal obligations applicable to the employment status of persons performing platform work and where the representatives of persons performing platform work exercise their representative functions, Member States shall ensure that digital labour platforms make the following information available to them, irrespective of the country in which the platform is established:
Amendment 180 #
2021/0223(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) The deployment of publicly accessible recharging infrastructure for light-duty electric vehicles has been uneven across the Union. Continued uneven distribution would jeopardize the uptake of such vehicles, limiting connectivity across the Union. Continuing divergence in policy ambitions and approaches at national level will not create the long-term certainty needed for substantive market investment. Mandatory minimum targets for Member States at national level should therefore provide policy orientations and complement National Policy Frameworks. That approach should combine national fleet based targets with distance-based targets for the trans-European network for transport (TEN-T). Starting from the minimum set by the distance-based approach, this should be complemented by a traffic density approach on motorways as well as on urban nodes. National fleet based targets should ensure that vehicle uptake in each Member State is matched with the deployment of sufficient publicly accessible recharging infrastructure especially in urban areas where owners of light-duty vehicles are less likely to own private parking lots. Distance-based targets for the TEN-T network should ensure full coverage of electric recharging points along the Union’s main road networks and thereby ensure easy and seamless travel throughout the Union.
Amendment 193 #
2021/0223(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) Implementation in Member States should ensure that a sufficient number of publicly accessible recharging points is installed, in particular in residential areas where vehicles typically park for extended periods of time including taxi parking areas and at public transport stations, such as port passenger terminals, airports or railway stations. A sufficient number of publicly accessible fast recharging points dedicated to light-duty vehicles should also be deployed to increase consumer convenience in particular across the TEN-T network to ensure full cross-border connectivity and allow electric vehicles to circulate throughout the Union.
Amendment 202 #
2021/0223(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) Electric heavy-duty vehicles need a distinctively different recharging infrastructure than light-duty vehicles. Public accessible infrastructure for electric heavy-duty vehicles is however currently almost nowhere available in the Union. A combined approach of distance-based targets along the TEN-T network, complemented by a traffic density approach on motorways as well as on urban nodes, which experience higher traffic density than others, targets for overnight recharging infrastructure and targets at urban nodes should ensure that a sufficient publicly accessible infrastructure coverage for electric heavy-duty vehicles is established throughout the Union to support the expected market uptake of battery electric heavy-duty vehicles.
Amendment 213 #
2021/0223(COD)
Proposal for a regulation
Recital 15
Recital 15
(15) Recharging infrastructure along the TEN-T network should be complemented with fast publicly accessible recharging infrastructure in urban nodes in general, in freight terminals, logistics hub for truck and coach parking areas and terminals for collective passenger transport. That infrastructure is required in particular for providing charging opportunities for delivery trucks and for destination charging for long haul trucks, whereas the national fleet-based target should provide recharging points for light-duty vehicles alsoespecially in urban areas.
Amendment 244 #
2021/0223(COD)
Proposal for a regulation
Recital 26
Recital 26
Amendment 248 #
2021/0223(COD)
Proposal for a regulation
Recital 27
Recital 27
Amendment 253 #
2021/0223(COD)
Proposal for a regulation
Recital 28
Recital 28
Amendment 289 #
2021/0223(COD)
Proposal for a regulation
Recital 32 a (new)
Recital 32 a (new)
(32 a) Given the cost and complexity associated with the roll-out of shore-side electricity in maritime ports, it is essential to prioritise the investments, particularly where it makes the most sense in terms of emissions reduction and economic viability: frequency of use, potential level of emissions reduction, regularity of calls and availability of grid capacity are important elements in that respect.
Amendment 315 #
2021/0223(COD)
Proposal for a regulation
Recital 34 a (new)
Recital 34 a (new)
(34 a) Member States should ensure adequate energy production and provision of sufficient grid infrastructure (as well in terms of availability and capacity) to meet the power demands resulting from the provision of shore-side electricity in ports as required in this Regulation.
Amendment 335 #
2021/0223(COD)
Proposal for a regulation
Recital 35 a (new)
Recital 35 a (new)
(35 a) The development and deployment of alternative fuels for the maritime sector requires a coordinated approach to match supply and demand and avoid stranded assets. A consultation mechanism between all relevant stakeholders at the level of individual ports should therefore be developed to ensure coordination and consultation in the application of the requirements foreseen in this Regulation.
Amendment 345 #
2021/0223(COD)
Proposal for a regulation
Recital 37
Recital 37
(37) In accordance with Article 3 of Directive 2014/94/EU, Member States have established national policy frameworks outlining their plans and objectives to ensure that those objectives would be met. Both the assessment of the national policy framework and the evaluation of Directive 2014/94/EU have highlighted the need for higher ambition and a better coordinated approach across Member States in view of the expected acceleration in the uptake of alternative fuel vehicles, in particular of electric vehicles. Furthermore, alternatives to fossil fuel will be needed in all transport modes to meet the ambitions of the European Green Deal. The existing National Policy Frameworks should be revised to clearly describe how the much greater need for publicly accessible recharging and refuelling infrastructure as expressed in the mandatory targets is going to be met by the Member States. The revision should take into account the strategies for deployment of refuelling infrastructure which have already been developed by local and regional authorities. The revised frameworks should equally address all transport modes including those for which no mandatory deployment targets exists.
Amendment 357 #
2021/0223(COD)
Proposal for a regulation
Recital 40 a (new)
Recital 40 a (new)
Amendment 371 #
2021/0223(COD)
Proposal for a regulation
Recital 43 a (new)
Recital 43 a (new)
(43 a) Information on the availability of electric recharging points will be essential for a seamless travel within the EU. In particular, the uptake of battery-electric vehicles will lead to a material change in recharging patterns due to longer recharging times which makes the availability even more critical. To prevent traffic disruptions across the EU, the Commission shall establish and manage an information system on availabilities and estimated waiting times.
Amendment 372 #
2021/0223(COD)
Proposal for a regulation
Recital 44
Recital 44
Amendment 396 #
2021/0223(COD)
Proposal for a regulation
Article 1 – paragraph 3
Article 1 – paragraph 3
3. This Regulation establishes a reporting mechanism to stimulate cooperation and ensures a robust tracking of progress. The mechanism shall comprise a structured, transparent, iterative process between the Commission and Member States for the purpose of the finalisation of the national policy frameworks, taking into account local and regional strategies for deployment of alternative fuels infrastructure, and their subsequent implementation and corresponding Commission action.
Amendment 487 #
2021/0223(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 66 a (new)
Article 2 – paragraph 1 – point 66 a (new)
(66 a) ‘logistic hub’ is a space in a defined area within which all activities relating to transport, logistics and the distribution of goods - both for national and international transport and transit, are carried out by various operators on a commercial basis
Amendment 489 #
2021/0223(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 66 b (new)
Article 2 – paragraph 1 – point 66 b (new)
(66 b) ‘coach parking area’ means an area reserved for parking coaches.
Amendment 491 #
2021/0223(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 66 c (new)
Article 2 – paragraph 1 – point 66 c (new)
(66 c) ‘coach terminal’ means a terminal that serves coach passengers.
Amendment 505 #
2021/0223(COD)
Proposal for a regulation
Article 3 – paragraph 1 – indent 2 a (new)
Article 3 – paragraph 1 – indent 2 a (new)
- a sufficient number of publicly accessible recharging stations for light- duty vehicles is deployed in residential areas where vehicles typically park for extended periods of time.
Amendment 525 #
2021/0223(COD)
Proposal for a regulation
Article 3 – paragraph 1 a (new)
Article 3 – paragraph 1 a (new)
1 a. In accordance with Article 13 of this Regulation Member States shall provide incentive and deployment plans for recharging infrastructure in buildings, as defined in Article 2 point (1) of Directive 2010/31/EU of the European Parliament and of the Council, with parking facilities.
Amendment 526 #
2021/0223(COD)
Proposal for a regulation
Article 3 – paragraph 1 b (new)
Article 3 – paragraph 1 b (new)
1 b. By 31 December 2025, commercial buildings with parking facilities with more than 10 parking spaces for light duty vehicles shall equip at lest 15% of their parking spaces with publicly accessible recharging points and ensure that these points are equipped with a household power plug that allows for easy charging of electrically power assisted cycles.
Amendment 529 #
2021/0223(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point a – introductory part
Article 3 – paragraph 2 – point a – introductory part
(a) along the TEN-T core network, publicly accessible recharging pools dedicated to light-duty vehicles and meeting the following requirements are deployed in each direction of travel with a maximum distance of 60 km in-between them if the geographic landscape allows:
Amendment 570 #
2021/0223(COD)
Proposal for a regulation
Article 3 – paragraph 3 a (new)
Article 3 – paragraph 3 a (new)
Amendment 612 #
2021/0223(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point d
Article 4 – paragraph 1 – point d
(d) by 31 December 2025, in each urban nodeon urban nodes in general, in freight terminals, logistics hubs for truck and coach, parking areas and terminals, publicly accessible recharging points dedicated to heavy-duty vehicles providing an aggregated power output of at least 600 kW are deployed, provided by recharging stations with an individual power output of at least 150 kW;
Amendment 651 #
2021/0223(COD)
Proposal for a regulation
Article 5 – paragraph 2 – point a – introductory part
Article 5 – paragraph 2 – point a – introductory part
(a) operators of recharging points shall, at publicly accessible recharging stations with a power output below 50 kW, deployed from the date referred to in Article 24, accept electronic payments through terminals and devices used for payment services, including at least onpayment card readers and if possible also, one or more of the following:
Amendment 656 #
2021/0223(COD)
Proposal for a regulation
Article 5 – paragraph 2 – point a – point i
Article 5 – paragraph 2 – point a – point i
Amendment 671 #
2021/0223(COD)
Proposal for a regulation
Article 5 – paragraph 2 – point b
Article 5 – paragraph 2 – point b
Amendment 680 #
2021/0223(COD)
Proposal for a regulation
Article 5 – paragraph 2 – subparagraph 1
Article 5 – paragraph 2 – subparagraph 1
Amendment 697 #
2021/0223(COD)
Proposal for a regulation
Article 5 – paragraph 5 – introductory part
Article 5 – paragraph 5 – introductory part
5. Operators of recharging points shall clearly display the ad hoc price per kWh and all its components at all publicly accessible recharging stations operated by them so that these areis information is known to end users before they initiate a recharging session. At least the following price components, if applicable at the recharging station, shall be clearly displayed:To this end, operators shall ensure that recharging points operated by them are equipped with electrical energy meters allowing for accurate metering of electricity offtake.
Amendment 705 #
2021/0223(COD)
Proposal for a regulation
Article 5 – paragraph 5 – indent 1
Article 5 – paragraph 5 – indent 1
Amendment 708 #
Amendment 714 #
Amendment 730 #
2021/0223(COD)
Proposal for a regulation
Article 5 – paragraph 9 a (new)
Article 5 – paragraph 9 a (new)
9 a. The Commission shall take necessary measures to ensure that a mandatory information system on the availability of recharging infrastructure as well as estimated waiting times is available in an easily understandable and precise manner to end users.
Amendment 738 #
2021/0223(COD)
Proposal for a regulation
Article 6
Article 6
Amendment 770 #
2021/0223(COD)
Proposal for a regulation
Article 7
Article 7
Amendment 886 #
2021/0223(COD)
Proposal for a regulation
Article 9 – paragraph 3 a (new)
Article 9 – paragraph 3 a (new)
3 a. Member States shall ensure that sufficient grid capacity is made available to meet the requirements set out in Article 9(1a-c). A potential temporary shortage of grid capacity, shall not be considered failure by the port to supply shore-side electricity.
Amendment 966 #
2021/0223(COD)
Proposal for a regulation
Article 13 – paragraph 1 – subparagraph 1 – point e
Article 13 – paragraph 1 – subparagraph 1 – point e
(e) measures to promote the deployment of alternative fuels infrastructure for captive fleets, in particular for electric recharging and hydrogen refuelling stations for public transport services and electric recharging stations for car sharing as well as for taxis;
Amendment 1008 #
2021/0223(COD)
Proposal for a regulation
Article 13 – paragraph 1 – subparagraph 1 – point p a (new)
Article 13 – paragraph 1 – subparagraph 1 – point p a (new)
(p a) measures to ensure power capacity and grid connection, take into account the number of recharging pools which can be expected in the future following the increasing fleet penetration of electric vehicles.
Amendment 1013 #
2021/0223(COD)
Proposal for a regulation
Article 13 – paragraph 1 – subparagraph 1 – point p a (new)
Article 13 – paragraph 1 – subparagraph 1 – point p a (new)
(p a) the various deployment plans for alternative fuels infrastructure shall contain measures to ensure a social just transition.
Amendment 1015 #
2021/0223(COD)
Proposal for a regulation
Article 13 – paragraph 1 – subparagraph 1 – point p b (new)
Article 13 – paragraph 1 – subparagraph 1 – point p b (new)
Amendment 1024 #
2021/0223(COD)
Proposal for a regulation
Article 13 – paragraph 3
Article 13 – paragraph 3
3. Member States shall ensure that national policy frameworks take into account, as appropriate, the interests of regional and local authorities, in particular when recharging and refuelling infrastructure for public transport is concerned, as well as those of the stakeholders concerned. The national policy frameworks shall include a consultation mechanism of the sub- national level to incorporate a permanent feedback loop of the local level into the respective Member States’ strategies for deployment of alternative fuels infrastructure.
Amendment 1086 #
2021/0223(COD)
Proposal for a regulation
Article 17 – paragraph 1
Article 17 – paragraph 1
1. Relevant, consistent and clear information shall be made available as regards motor vehicles which can be regularly fuelled with individual fuels placed on the market, or recharged by recharging points. That information, including the theoretical maximum power capacity each electric vehicle can accept when recharging, shall be made available in motor vehicle manuals, at refuelling and recharging points, on motor vehicles and in motor vehicle dealerships in their territory. This requirement shall apply to all motor vehicles, and their motor vehicle manuals, placed on the market after 18 November 2016.
Amendment 1093 #
2021/0223(COD)
Proposal for a regulation
Article 17 – paragraph 3
Article 17 – paragraph 3
Amendment 1116 #
2021/0223(COD)
Proposal for a regulation
Article 18 – paragraph 2 – point c – point iii a (new)
Article 18 – paragraph 2 – point c – point iii a (new)
(iii a) when available, the share of renewable electricity and the greenhouse gas emissions content of the electricity supplied at recharging points.
Amendment 1173 #
2021/0223(COD)
Proposal for a regulation
Annex II – Part 9 – point 9.3
Annex II – Part 9 – point 9.3
Amendment 26 #
2021/0200(COD)
Proposal for a regulation
Title 1
Title 1
Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL amending Regulation (EU) 2018/842 on binding annual greenhouse gas emission reductions by Member States from 2021 to 2030 and beyond contributing to climate action to meet commitments under the Paris Agreement (Text with EEA relevance)
Amendment 27 #
2021/0200(COD)
Proposal for a regulation
Recital 1
Recital 1
(1) 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”). Its Parties 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, while reflecting the principles of equity and of common but differentiated responsibilities and respective capabilities of nations.
Amendment 28 #
2021/0200(COD)
Proposal for a regulation
Recital 1 a (new)
Recital 1 a (new)
Amendment 29 #
2021/0200(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) The European Green Deal31 provides a starting point for the achievement of the Union’s climate- neutrality objective by 2050 at the latest and the aim to achieve negative emissions thereafter as laid out in Article 2(1) of Regulation (EU) 2021/1119. It combines a comprehensive set of mutually reinforcing measures and initiatives aimed at achieving climate neutrality in the Union by 2050 at the latest, and sets out a new growth strategy that aims to transform the Union into a fair and prosperous society, with a modern, resource-efficient and competitive economy, where economic growth is decoupled from resource use. It also aims to protect, conserve and enhance the Union's natural capital, and protect the health and well-being of citizenspeople from environment-related risks and impacts. At the same time, this transition affects women and menall genders differently and has a particular impact on some disadvantaged groups, such as older people, persons with disabilities and persons with a minority racial or ethnic background. It must therefore be ensured that the transition is just and inclusive, leaving no one behind. __________________ 31 Commission Communication - The European Green Deal, COM(2019) 640 final of 11 December 2019.
Amendment 32 #
2021/0200(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) In Regulation (EU) 2021/1119 of the European Parliament and of the Council32 ( ‘European Climate Law’), the Union has enshrined into legislation the target of economy-wide climate neutrality by 2050 at the latest and the aim to achieve negative emissions thereafter. That Regulation also establishes a binding Union domestic reduction commitment of net greenhouse gas emissions (emissions after deduction of removals) of at least 55% below 1990 levels by 2030. __________________ 32Regulation (EU) 2021/1119 of the European Parliament and of the Council of 30 June 2021 establishing the framework for achieving climate neutrality and amending Regulations (EC) No 401/2009 and (EU) 2018/1999 (‘European Climate Law’) (OJ L 243, 9.7.2021, p. 1).
Amendment 44 #
2021/0200(COD)
Proposal for a regulation
Recital 8 a (new)
Recital 8 a (new)
Amendment 49 #
2021/0200(COD)
Proposal for a regulation
Recital 11 a (new)
Recital 11 a (new)
(11 a) The Commission, on the basis of the latest scientific knowledge and taking into account the advice of the Advisory Board established in Article 3 of Regulation (EU) 2021/1119, should propose intermediate targets for Member States for the years 2035, 2040, 2045 and 2050 under this regulation. Demonstrating a rising ambition, these intermediate targets should set out a goal for Union-wide reduction targets for the sectors under Regulation (EU) 2018/842 as a sum of legally binding and enforceable Member State targets. The Commission should propose intermediate targets for the years 2035 and 2040 no later than six months after the adoption of the Union’s new climate target for 2040 pursuant to Article 4(3), (4) and (5) of Regulation 2021/1119. The Commission should propose the intermediate targets for the years 2045 and 2050 no later than 1January 2035. Together with other relevant Union legislation, the intermediate targets for Regulation (EU)2018/842 for the years 2035, 2040, 2045 and 2050 should ensure the achievement of the Union’s climate- neutrality by 2050 at the latest and the aim to achieve negative emissions thereafter laid out in Article 2(1) in Regulation 2021/1119.
Amendment 53 #
2021/0200(COD)
Proposal for a regulation
Recital 13
Recital 13
Amendment 60 #
2021/0200(COD)
Proposal for a regulation
Recital 14
Recital 14
Amendment 64 #
2021/0200(COD)
Proposal for a regulation
Recital 15
Recital 15
(15) Under Regulation (EU) 2018/842, the cancellation of a limited quantity of emission allowances in the European Union emission trading system may be taken into account for some Member States’ compliance under Regulation (EU) 2018/842. Given the particular structure of Malta’s economy, the national reduction target of that Member State based on Gross Domestic Product per capita is significantly above its cost- effective reduction potential, is is therefore appropriate to increase Malta’s access to that flexibility, without compromising the 2030 target of the Union on emission reductionshall be repealed to enhance emission reduction efforts.
Amendment 66 #
2021/0200(COD)
Proposal for a regulation
Recital 16
Recital 16
(16) In addition to that flexibility, a limited quantity of net removals and net emissions from land use, land-use change and forestry (‘LULUCF’) may be taken into account for Member States’ complianceshall be repealed under Regulation (EU) 2018/842 (‘the LULUCF flexibility’). In order to ensure that sufficient mitigation efforts are deployed until 2030, it is appropriate to limit the use of the LULUCF flexibility by separating the use of such flexibility into two separate time periods, each capped by a limit corresponding to half of the maximum amount of total net removals set out in Annex III to Regulation (EU) 2018/842. It is also appropriate to bring the title of Annex III in line with the amendment to Regulation (EU) 2018/841 carried out by Commission Delegated Regulation (EU) 2021/268 of 28 October 202037 . As a consequence, there is no longer a need for Regulation (EU) 2018/842 to provide for a legal basis allowProgress in one sector cannot compensate for the lack of progress in other sectors. Moreover, removals of GHGs by natural carbon sinks are fragile and potentially reversible, which leads to increased uncertainty in measuring emissions and removals ing the Commission to adopt delegated acts to amend the title of its Annex III. Article 7(2) of Regulation (EU) 2018/842 should therefore be deletedland sector compared to sectors under Regulation (EU) 2018/842. __________________ 37Commission Delegated Regulation (EU) 2021/268 of 28 October 2020 amending Annex IV to Regulation (EU) 2018/841 of the European Parliament and of the Council as regards the forest reference levels to be applied by the Member States for the period 2021-2025 (OJ L 60, 22.2.2021, p. 21).
Amendment 70 #
2021/0200(COD)
Proposal for a regulation
Recital 17
Recital 17
Amendment 80 #
2021/0200(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Regulation (EU) 2018/842
Article 1
Article 1
(1 ) In Article 1, “30%” is replaced by “40%”; is replaced by the following: "This Regulation lays down obligations on Member States with respect to their minimum contributions for the period from 2021 to 2030 to fulfilling the Union’s target of reducing its greenhouse gas emissions by 40 % below 2005 levels in 2030 in the sectors covered by Article 2 of this Regulation and contributes to achieving the objectives of the Paris Agreement. This Regulation also lays down rules on determining annual emission allocations and for the evaluation of Member States’ progress towards meeting their minimum contributions and for determining Member States emission reduction targets for 2035, 2040, 2045 and 2050 in the sectors covered by Article 2(1) of this Regulation. Or. en (REGULATION (EU) 2018/842)
Amendment 83 #
2021/0200(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2 a (new)
Article 1 – paragraph 1 – point 2 a (new)
Regulation (EU) 2018/842
Article 2 – paragraph 3
Article 2 – paragraph 3
(2 a) Article 2, paragraph 3 is replaced by the following: 3. For the purposes of this Regulation,: (a) CO 2 emissions from IPCC source category ‘1.A.3.A civil aviation’ shall be treated as zero. (b) only biofuels, bioliquids, as well as biomass fuels which comply with the sustainability and greenhouse gas emission savings criteria established by the Directive (EU) 2018/2001 of the European Parliament and of the Council shall be considered to have zero emissions. (c) If the share of biofuels and bioliquids, as well as of biomass fuels consumed in transport, where produced from food and feed crops, is higher than the maximum share established in article 26 of Directive (EU) 2018/2001 of the European Parliament and of the Council, they shall no longer be considered to have zero emissions for the purpose of this Regulation. Or. en (REGULATION (EU) 2018/842)
Amendment 84 #
2021/0200(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2 b (new)
Article 1 – paragraph 1 – point 2 b (new)
Regulation (EU) 2018/842
Article 3
Article 3
(2 b) Article 3 is replaced by the following: "For the purposes of this Regulation, the following definitions apply: (1) ‘Greenhouse gas emissions’ means emissions in terms of tonnes of CO 2 equivalent of carbon dioxide (CO 2 ), methane (CH 4 ), nitrous oxide (N 2 O), hydrofluorocarbons (HFCs), perfluorocarbons (PFCs), nitrogen trifluoride (NF 3 ) and sulphur hexafluoride (SF 6 ) determined pursuant to Regulation (EU) No 525/2013 and falling within the scope of this Regulation; (2) ‘Annual emission allocations’ means the maximum allowed greenhouse gas emissions for each year between 2021 and 2030 determined pursuant to Article 4(3) and Article 10; (3) ‘EU ETS allowance’ means an ‘allowance’ as defined in point (a) of Article 3 of Directive 2003/87/EC. (4) 'Biomass' as defined in point (24) of Article 2 of the Directive (EU)2018/2001 of the European Parliament and of the Council. (5) ‘Bioliquid' as defined in point (32) of Article 2 of the Directive(EU) 2018/2001 of the European Parliament and of the Council. (6)'Biofuel' as defined in point (23) of Article 2 of the Directive (EU) 2018/2001of the European Parliament and of the Council. Or. en (REGULATION (EU) 2018/842)
Amendment 86 #
2021/0200(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2 c (new)
Article 1 – paragraph 1 – point 2 c (new)
Regulation (EU) 2018/842
Article 4
Article 4
(2 c) Article 4 is replaced by the following: "Annual emission levels for the period from 2021 to 2030 and beyond 1. Each Member State shall, in 2030, limit its greenhouse gas emissions at least by the percentage set for that Member State in Annex I in relation to its greenhouse gas emissions in 2005, determined pursuant to paragraph 3 of this Article. 2. Subject to the flexibilities provided for in Articles 5, 6 and 7 of this Regulation, to the adjustment pursuant to Article 10(2) of this Regulation and taking into account any deduction resulting from the application of Article 7 of Decision No 406/2009/EC, each Member State shall ensure that its greenhouse gas emissions in each year between 2021 and 2029 do not exceed: do not exceed, in the years 2021 to 2030 the limit defined by a linear trajectory, starting on the average of its greenhouse gas emissions during 20168, 20179 and 2018 determined20, as set out pursuant to paragraph 3 of this Article, and ending in 2030 onat the limit set for that Member State in Annex I to this Regulation. The linear trajectory of a Member State shall start either at five- twelfths of the distance from 2019 to 2020 or in 2020, whichever results in a lower allocation for that Member Statefrom 2020. 3. The Commission shall adopt implementing acts setting out the annual emission allocations for each Member State for the years from 2021 to 2030 in terms of tonnes of CO 2 equivalent as specified in paragraphs 1 and 2 of this Article. For the purposes of those implementing acts, the Commission shall carry out a comprehensive review of the most recent national inventory data for the years 2005 and 2016 to 2018 submitted by Member States pursuant toin accordance with the linear trajectory set out in paragraph 2. Those 5. The implementing act shall be adopted in accordance with the examination procedure referred to in Article 14. 6. With a view to achieving the Union’s climate-neutrality objective by 2050 at latest and the aim to achieve negative emissions thereafter laid out in Article 2(1) of Regulation (EU) 2021/1119, and in view of the Union-wide climate target for 2040 pursuant to Article 4(3), (4) and (5) of Regulation 2021/1119, the Commission, supported by the Advisory Board established in Article 73 of Regulation (EU) No 525/2013.EN L 156/32 Official Journal of the European Union 19.6.2018 implementing acts shall indicate the value2021/1119, shall make a legislative proposal, as appropriate, based on a detailed impact assessment, to amend this Regulation to distribute the Union’s climate target as a sum of legally binding Member State targets for the years 20035 greenhouse gas emissions of each Member State used to determine the annual emission allocatand 2040. This proposal shall be published no later than 6 months after the adoption of the Union’s specified in paragraphsnew climate target for 2040. 7. By 1 Jand 2. 4. Those implementing acts shall also specify, based on the percentages notified by Member States under Article 6(3), the total quantities that may be taken into account for a Member State’s compliance under Article 9 between 2021 and 2030. If the sum of all Member States’ total quantities were to exceed the collective total of 100 milluary 2035 at the latest, with a view to achieving Union’s climate- neutrality objective by 2050 at latest and the aim to achieve negative emissions thereafter laid out in Article 2(1) of Regulation (EU) 2021/1119, the Commission, supported by the Advisory Board established in Article 3 of Regulation (EU) 2021/1119, shall make a legislative proposal, as appropriate, based on a detailed impact assessment, to amend this Regulation to distribute the Union’s climate target as a sum of legally binding Member State targets for the years 2045 and 2050. 8. In order to contribute to the Union’s climate-neutrality objective by 2050 at latest and the aim to achieve negative emission,s the total quantities for eachreafter laid out in Article 2(1) of Regulation (EU) 2021/1119, and view of the Union’s commitments under the Paris Agreement, Member States shall be reduced on a pro rata basis so that the collective total is not exceeded. 5. Those implementing acts shall be adopted in accordance with the examination procedure refalance their greenhouse gas emissions covered by sectors pursuant to Article 2(1) of this Regulation and other relevant Union legislation with removals at the latest by 2050, thus reducing emissions to net-zero by that date. From 2051onward, Member States shall aim to achieve net negative emissions ensuring that removals exceed the amount of emissions covered by this regulation and other red to in Article 14. levant Union legislation. Or. en (REGULATION (EU) 2018/842)
Amendment 117 #
2021/0200(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 4 a (new)
Article 1 – paragraph 1 – point 4 a (new)
Regulation (EU) 2018/842
Article 6
Article 6
(4 a) Article 6 Flexibility for certain Member States following reduction of EU ETS allowances 1. The Member States listed in Annex II to this Regulation may have a limited cancellation of up to a maximum of 100 million EU ETS allowances collectively taken iis deleted (This amendmento account for their compliance under this Regulation. Such cancellation shall be made from the auctioning volumes of the Member State concerned pursuant to Article 10 of Directive 2003/87/EC. 2. The EU ETS allowances taken into account under paragraph 1 of this Article shall be considered as EU ETS allowances in circulation for the purposes of Article 1(4) of Decision (EU) 2015/1814. In its first review pursuant to Article 3 of that Decision, the Commission shall consider whether to maintain the accounting set out in the first subparagraph of this paragraph.EN 19.6.2018 Official Journal of the European Union L 156/33 3. The Member States listed in Annex II shall notify the Commission by 31 December 2019 of any intention to make use of the limited cancellation of EU ETS allowances referred to in paragraph 1 of this Article, up to the percentage listed in Annex II for each year of the period from 2021 to 2030 for each Member State concerned, for its compliance under Article 9. The Member States listed in Annex II may decide to revise the notified percentage downwards once in 2024 and once in 2027. In such case, the Member State concerned shall notify the Commission thereof by 31 December 2024 or by 31 December 2027, respectively. 4. At a Member State’s request, the Central Administrator designated pursuant to Article 20(1) of Directive 2003/87/EC (‘the Central Administrator’) shall take into account an amount up to the total quantity determined pursuant to Article 4(4) of this Regulation for that Member States’ compliance under Article 9 of this Regulation. One-tenth of the total quantity of EU ETS allowances determined pursuant to Article 4(4) of this Regulation shall be cancelled pursuant to Article 12(4) of Directive 2003/87/EC for each year from 2021 to 2030 for that Member State. 5. Where a Member State, in accordance with paragraph 3 of this Article, has notified the Commission of its decision to revise the previously notified percentage downwards, a correspondingly lower quantity of EU ETS allowances shall be cancelled for that Member State in respect of each year from 2026 to 2030 or from 2028 to 2030, respectively. pplies throughout the text. Adopting it will necessitate corresponding changes throughout.) Or. en (REGULATION (EU) 2018/842)
Amendment 119 #
2021/0200(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 4 a (new)
Article 1 – paragraph 1 – point 4 a (new)
Regulation (EU) 2018/842
Article 7
Article 7
Amendment 43 #
2021/0197(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) The European Green Deal combines a comprehensive set of mutually reinforcing measures and initiatives aimed at achieving climate neutrality in the EU by 2050, and sets out a new growth strategy that aims to transform the Union into a fair and prosperous society, with a modern, resource-efficient and competitive economy, where economic growth is decoupled from resource use. It also aims to protect, conserve and enhance the Union's natural capital, and protect the health and well-being of citizens from environment-related risks and impacts. At the same time, the transition will lead to significant structural changes. Citizens and workers will be affected in different ways and not all Member States, regions and cities start the transition from the same point or have the same capacity to respond. This transition affects women and men differently and has a particular impact on some disadvantaged groups, such as older people, persons with disabilities and persons with a minority racial or ethnic background. It must therefore be ensured that the transition is just and inclusive, leaving no one behind.
Amendment 59 #
2021/0197(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) In order to achieve a reduction in net greenhouse gas emissions of at least 55 % by 2030 compared to 1990, it is necessary to strengthen the reduction requirements set out in Regulation (EU) 2019/631 of the European Parliament and of the Council25 for both passenger cars and light commercial vehicles. A clear pathway also needs to be set for further reductions beyond 2030 to contribute to achieving the climate neutrality objective by 2050. New strengthened and ambitious CO2 emission reduction targets provide a very powerful and efficient impetus for technological change in the industry of the road transport sector. Clear regulatory signals should enable manufacturers to promptly shift their investments decisions towards zero emission mobility. Without ambitious action on greenhouse gas emission reductions in road transport, higher emission reductions would be needed in other sectors, including sectors where decarbonisation is more challenging. __________________ 25Regulation (EU) 2019/631 of the European Parliament and of the Council of 17 April 2019 setting CO2 emission performance standards for new passenger cars and for new light commercial vehicles, and repealing Regulations (EC) No 443/2009 and (EU) No 510/2011 (OJ L 111, 25.4.2019, p. 13).
Amendment 82 #
2021/0197(COD)
Proposal for a regulation
Recital 9 a (new)
Recital 9 a (new)
(9a) To ensure that all solutions would help to decarbonise the road transport sector, there is a need to move beyond the pure Tank-to-Wheel approach in measuring emissions and to consider emissions on a Well-to-Wheel or life cycle assessment basis.
Amendment 97 #
2021/0197(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) The targets in the revised CO2 performance standards should be accompanied by a European strategy to address the challenges posed by the scale- up of the manufacturing of zero-emission vehicles and associated technologies, as well as the need for up- and re-skilling of workers in the sector and the economic diversification and reconversion of activities. Where appropriate, financial support should be consideredIt is essential to ensure that the implementation of Regulation (EU) 2019/631 does not result in job losses or lost revenue for workers. Financial support should therefore be stepped up at the level of the EU and Member States to crowd in private investment, including via the European Social Fund Plus, the Just Transition Fund, the Innovation Fund, the Social Climate Fund, the European Regional Development Fund, the InvestEU's Just "Transition" scheme, the Recovery and Resilience Facility and other instruments of the Multiannual Financial Framework and the Next Generation EU, in line with State aid rules and complemented by Member States programmes. The revised environmental and energy state aid rules will enable Member States to support business to decarbonize their production processes and adopt greener technologies in the context of the New Industrial Strategy. This financial support should be conditional on maintaining the level of employment of the companies receiving them.
Amendment 108 #
2021/0197(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) The updated New Industrial Strategy26 foresees the co-creation of green and digital transition pathways in partnership with industry, public authorities, social partners and other stakeholders. Multi-stakeholder dialogue and knowledge sharing proved to be essential to ensure collective progress, transparency and mobilisation of the most effective means for addressing the socio- economic impacts of the transition. In this context, a transition pathway should be developed for the mobility ecosystem to accompany the transition of the automotive value chain. The pathway should take particular heed of SMEs in the automotive supply chain, of the consultation of social partners including by Member States, and also build on the European Skills Agenda with initiatives like the Pact for Skills to mobilise the private sector and other stakeholders to up-skill and re-skill Europe’s workforce in view of the green and digital transitions. The appropriate actions and incentives at European and national level to boost the affordability of zero emission vehicles should also be addressed in the pathway. Individual mobility should remain accessible and affordable for all, especially for citizens of rural, remote and island areas, with no or little access to quality public transport or other mobility solutions. The progress made on this comprehensive transition pathway for the mobility ecosystem should be monitored every two years as part of a progress report to be submitted by the Commission, looking inter alia at the progress in the deployment of zero- emission vehicles, their price developments, deployment of alternative fuels development and infrastructure roll- out as required under the Alternative Fuels Infrastructure Regulation, the potential of innovative technologies to reach climate neutral mobility, international competitiveness, investments in the automotive value chain, up-skilling and re- skilling of workers and reconversion of activities. It is essential to ensure the new strengthened and ambitious CO2 reduction targets will go hand by hand with an increase in rollout targets set by the Alternative Fuels Infrastructure Regulation. The progress report will also build on the two-year progress reports that Member States submit under the Alternative Fuels Infrastructure Regulation. The Commission should consult social partners in the preparation of the progress report, including the results in the social dialogue. In addition, the Commission should monitor and assess the need for adequate measures to address the social impacts of the transition to zero-emission vehicles on households and workers. Innovations in the automotive supply chain are continuing. Innovative technologies such as the production of electro-fuels with air capture, if further developed, could offer prospects for affordable climate neutral mobility. The Commission should therefore keep track of progress in the state of innovation in the sector as part of its progress report. __________________ 26Commission Communication - Updating the 2020 New Industrial Strategy: Building a stronger Single Market for Europe’s recovery, COM(2021) 350 final of 5 May 2021
Amendment 122 #
2021/0197(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) Those EU fleet-wide targets are to be complemented by the necessary roll-out of recharging and refuelling infrastructure as set out in. For this reason, considering the insufficient implementation of Directive 2014/94/EU of the European Parliament and of the Council27 . , this Regulation should be accompanied by an ambitious Regulation on the Deployment of Alternative Fuels Infrastructure, providing mandatory targets for the deployment of alternative fuels infrastructure throughout the Member States. It is imperative that no Union region or territory is left behind and that regional disparities in the deployment of alternative fuels infrastructure are duly addressed, particularly in less developed regions or regions with specific needs and circumstances, such as rural and sparsely populated, remote and outermost, island and mountainous regions. __________________ 27 Directive 2014/94/EU of the European Parliament and of the Council of 22 October 2014 on the deployment of alternative fuels infrastructure (OJ L 307 28.10.2014, p. 1).
Amendment 137 #
2021/0197(COD)
Proposal for a regulation
Recital 14
Recital 14
(14) Manufacturers should be provided with sufficient flexibility in adapting their fleets over time in order to manage the transition towards zero-emission vehicles in a cost-efficient manner, and it is therefore appropriate to maintain the approach of decreasing target levels in five-year steps.
Amendment 190 #
2021/0197(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 1 – point a – point i
Article 1 – paragraph 1 – point 1 – point a – point i
Regulation (EU) 2019/631
Article 1 – paragraph 5 – point a
Article 1 – paragraph 5 – point a
(i) in point (a), the figure “37,5 %” is replaced by ‘5580 %’,
Amendment 201 #
2021/0197(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 1 – point a – point ii
Article 1 – paragraph 1 – point 1 – point a – point ii
Regulation (EU) 2019/631
Article 1 – paragraph 5 – point b
Article 1 – paragraph 5 – point b
(ii) in point (b), the figure “31 %” is replaced by ‘580 %’,
Amendment 230 #
2021/0197(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 1 – point d a (new)
Article 1 – paragraph 1 – point 1 – point d a (new)
Regulation (EU) 2019/631
Article 1 – paragraph 7 a (new)
Article 1 – paragraph 7 a (new)
Amendment 283 #
2021/0197(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Regulation (EU) 2019/631
Article 14 a – paragraph 1
Article 14 a – paragraph 1
By 31 December 2025, and every two years thereafter, the Commission shall report on the progress towards zero emission road mobility. The report shall in particular monitor and assess the need for possible additional measures to facilitate the transition, including through financial means to address the social impacts of the transition on households and workers. This assessment shall be based on a territorial impact assessment that identifies on a NUTS II level the challenges for each region and how to mitigate the risks associated with these challenges.
Amendment 295 #
2021/0197(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Regulation (EU) 2019/631
Article 14 a – paragraph 2
Article 14 a – paragraph 2
In the reporting, the Commission shall consider all factors that contribute to a cost-efficient progress towards climate neutrality by 2050. This includes the deployment of zero- and low-emission vehicles, progress in achieving the targets for the roll-out of recharging and refuelling infrastructure as required under the Alternative Fuels Infrastructure Regulation, the potential contribution of innovation technologies and sustainable alternative fuels to reach climate neutral mobility, progress and impact on a regional (NUTS II) level, impact on consumers, progress in social dialogue as well as aspects to further facilitate an economically viable and socially fair transition towards zero emission road mobility.
Amendment 304 #
2021/0197(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 10 – point a
Article 1 – paragraph 1 – point 10 – point a
Regulation (EU) 2019/631
Article 15 – paragraph 1
Article 15 – paragraph 1
1. The Commission shall, in 20286, review the effectiveness and impact of this Regulation, building on the two yearly reporting, and submit a report to the European Parliament and to the Council with the result of the review.
Amendment 129 #
2021/0106(COD)
Proposal for a regulation
Recital 1
Recital 1
(1) The purpose of this Regulation is to improve the functioning of the internal market by laying down a uniform legal framework in particular for the development, marketing and use of artificial intelligence in conformity with Union values. This Regulation pursues a number of overriding reasons of public interest, such as a high level of protection of health, safety, environment and fundamental rights, as well as consumer protection and it ensures the free movement of AI- based goods and services cross-border, thus preventing Member States from imposing restrictions on the development, marketing and use of AI systems, unless explicitly authorised by this Regulation.
Amendment 140 #
2021/0106(COD)
Proposal for a regulation
Recital 3 a (new)
Recital 3 a (new)
(3a) Furthermore, in order for Member States to fight against climate change, to achieve climate-neutrality and to meet the Sustainable Development Goals (SDGs), the European companies should ensure the sustainable design of AI systems to reduce resource usage and energy consumption, thereby limiting the risks to the environment; AI systems have the potential to automatically provide businesses with detailed insight into their emissions, including value chains, and forecast future emissions, thus helping to adjust and achieve the Union's emission targets.
Amendment 141 #
2021/0106(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) At the same time, depending on the circumstances regarding its specific application and use, artificial intelligence may generate risks and cause harm to public interests and rights that are protected by Union law. Such harm might be material or immaterial. and might affect one or more persons, a groups of persons or society as a whole, as well as the environment.
Amendment 143 #
2021/0106(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) A Union legal framework laying down harmonised rules on artificial intelligence is therefore needed to foster the development, use and uptake of artificial intelligence in the internal market that at the same time meets a high level of protection of public interests, such as health and safety, the environment and the protection of fundamental rights and values, as recognised and protected by Union law. To achieve that objective, rules regulating the placing on the market and putting into service of certain AI systems should be laid down, thus ensuring the smooth functioning of the internal market and allowing those systems to benefit from the principle of free movement of goods and services. By laying down those rules, this Regulation supports the objective of the Union of being a global leader in the development of secure, trustworthy and ethical artificial intelligence, as stated by the European Council33 , and it ensures the protection of ethical principles, as specifically requested by the European Parliament34 . _________________ 33 European Council, Special meeting of the European Council (1 and 2 October 2020) – Conclusions, EUCO 13/20, 2020, p. 6. 34 European Parliament resolution of 20 October 2020 with recommendations to the Commission on a framework of ethical aspects of artificial intelligence, robotics and related technologies, 2020/2012(INL).
Amendment 147 #
2021/0106(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) The notion of AI system should be clearly defined to ensure legal certainty, while providing the flexibility to accommodate future technological developments. The definition should be based on the key functional characteristics of the software (and possibly also hardware), 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.
Amendment 150 #
2021/0106(COD)
Proposal for a regulation
Recital 12 a (new)
Recital 12 a (new)
(12a) In order to ensure a minimum level of transparency on the ecological sustainability aspects of an AI system, providers and users should document parameters including but not limited to resource consumption, resulting from the design, data management and training, the underlying infrastructures of the AI system, and of the methods to reduce such impact for any AI system.
Amendment 153 #
2021/0106(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) In order to ensure a consistent and high level of protection of public interests as regards health, safety, the environment and fundamental rights and values, 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), the European Green Deal (The Green Deal), the Joint Declaration on Digital Rights of the Union (the Declaration) and the Ethics Guidelines for Trustworthy Artificial Intelligence (AI) of the High- Level Expert Group on Artificial Intelligence (AI HLEG), and should be non-discriminatory and in line with the Union’s international trade commitments.
Amendment 167 #
2021/0106(COD)
Proposal for a regulation
Recital 16
Recital 16
(16) The placing on the market, putting into service or use of certain AI systems intended to distort human behaviour, whereby physical or psychological harms are likely to occur, should be forbidden. Such AI systems deploy subliminal components individuals cannot perceive or exploit vulnerabilities of children and people due to their age, physical or mental incapacities. They do so with the intention toby 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.
Amendment 173 #
2021/0106(COD)
Proposal for a regulation
Recital 17
Recital 17
(17) AI systems providing social scoring of natural persons for general purpose by public authorities 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.
Amendment 175 #
2021/0106(COD)
Proposal for a regulation
Recital 18
Recital 18
(18) The use of AI systems for ‘real- time’ remote biometric identification of natural persons in publicly accessible spaces for the purpose of law enforcement is considered particularly intrusive in the rights and freedoms of the concerned persons, to the extent that it may affect the private life of a large part of the population, evoke a feeling of constant surveillance and indirectly dissuade the exercise of the freedom of assembly and other fundamental rights. In addition, the immediacy of the impact and the limited opportunities for further checks or corrections in relation to the use of such systems operating in ‘real-time’ carry heightened risks for the rights and freedoms of the persons that are concerned by law enforcement activities. Such AI systems should be therefore prohibited.
Amendment 178 #
2021/0106(COD)
Proposal for a regulation
Recital 19
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).
Amendment 182 #
2021/0106(COD)
Proposal for a regulation
Recital 20
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.
Amendment 183 #
2021/0106(COD)
Proposal for a regulation
Recital 21
Recital 21
Amendment 192 #
2021/0106(COD)
Proposal for a regulation
Recital 27
Recital 27
(27) High-risk AI systems should only be placed on the Union market or put into service 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. AI systems identified as high-risk should be limited to those that have a significant harmful impact on the health, safety and fundamental rights of persons in the Union and such limitation minimises any potential restriction to international trade, if any, but also on the environment, democracy and the rule of law in the Union.
Amendment 202 #
2021/0106(COD)
Proposal for a regulation
Recital 36
Recital 36
(36) AI systems used in employment, workers management and access to self- employment, notably for the recruitment and selection of persons, for making decisions on promotion and termination and for task allocation, monitoring or evaluation of persons in work-related contractual relationships, should also be classified as high-riskprohibited, since those systems may appreciably impact the health, safety and security rules applicable in their work and at their workplaces and future career prospects and livelihoods of these persons. Relevant work-related contractual relationships should involve employees and persons providing services through platforms as referred to in the Commission Work Programme 2021. Such persons should in principle not be considered users within the meaning of this Regulation. Throughout the recruitment process and in the evaluation, promotion, or retention of persons in work-related contractual relationships, such systems may perpetuate historical patterns of discrimination, for example against women, certain age groups, persons with disabilities, or persons of certain racial or ethnic origins or sexual orientation. AI systems used to monitor the performance and behaviour of these persons may alsoshould also be prohibited, since they may impact their rights to data protection and privacy.
Amendment 205 #
2021/0106(COD)
Proposal for a regulation
Recital 37
Recital 37
(37) Another area in which the use of AI systems deserves special consideration is the access to and enjoyment of certain essential private and public services and benefits necessary for people to fully participate in society or to improve one’s standard of living. In particular, AI systems used to evaluate the credit score or creditworthiness of natural persons should be classified as high-risk AI systems, since they determine those persons’ access to financial resources or essential services such as housing, electricity, and telecommunication services. AI systems used for this purpose may lead to discrimination of persons or groups and perpetuate historical patterns of discrimination, for example based on racial or ethnic origins, disabilities, age, sexual orientation, or create new forms of discriminatory impacts. Considering the very limited scale of the impact and the available alternatives on the market, it is appropriate to exempt AI systems for the purpose of creditworthiness assessment and credit scoring when put into service by small-scale providers for their own use. Natural persons applying for or receiving public assistance benefits and services from public authorities are typically dependent on those benefits and services and in a vulnerable position in relation to the responsible authorities. If AI systems are used for determining whether such benefits and services should be denied, reduced, revoked or reclaimed by authorities, they may have a significant impact on persons’ livelihood and may infringe their fundamental rights, such as the right to social protection, non- discrimination, human dignity or an effective remedy. Those systems should therefore be classified as high-riskprohibited. Nonetheless, this Regulation should not hamper the development and use of innovative approaches in the public administration, which would stand to benefit from a wider use of compliant and safe AI systems, provided that those systems do not entail a highan unacceptable risk to legal and natural persons. Finally, AI systems used to dispatch or establish priority in the dispatching of emergency first response services should also be classified as high- risk since they make decisions in very critical situations for the life and health of persons and their property.
Amendment 207 #
2021/0106(COD)
Proposal for a regulation
Recital 38
Recital 38
(38) Actions by law enforcement authorities involving certain uses of AI systems are characterised by a significant degree of power imbalance and may lead to surveillance, arrest or deprivation of a natural person’s liberty as well as other adverse impacts on fundamental rights guaranteed in the Charter. In particular, if the AI system is not trained with high quality data, does not meet adequate requirements in terms of its accuracy or robustness, or is not properly designed and tested before being put on the market or otherwise put into service, it may single out people in a discriminatory or otherwise incorrect or unjust manner. Furthermore, the exercise of important procedural fundamental rights, such as the right to an effective remedy and to a fair trial as well as the right of defence and the presumption of innocence, could be hampered, in particular, where such AI systems are not sufficiently transparent, explainable and documented. It is therefore appropriate to classify as high-risk a number of and where a redress procedure is not foreseen. It is therefore appropriate to prohibit some 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, including the availability of redress-by-design mechanisms and procedures. In view of the nature of the activities in question and the risks relating thereto, those high-risk AIprohibited systems should include in particular AI systems intended to be used by law enforcement authorities for individual risk assessments, polygraphs and similar tools or to detect the emotional state of natural person, to detect ‘deep fakes’, for the evaluation of the reliability of evidence in criminal proceedings, for predicting the occurrence or reoccurrence of an actual or potential criminal offence based on profiling of natural persons, or assessing personality traits and characteristics or past criminal behaviour of natural persons or groups, for profiling in the course of detection, investigation or prosecution of criminal offences, as well as for crime analytics regarding natural persons. AI systems specifically intended to be used for administrative proceedings by tax and customs authorities should not be considered high-risk AI systems used by law enforcement authorities for the purposes of prevention, detection, investigation and prosecution of criminal offencesincluded in such a ban.
Amendment 208 #
2021/0106(COD)
Proposal for a regulation
Recital 39
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-riskprohibit 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.Other 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).
Amendment 220 #
2021/0106(COD)
Proposal for a regulation
Recital 49
Recital 49
(49) High-risk AI systems should perform consistently throughout their lifecycle and meet an appropriate level of accuracy, robustness and cybersecurity in accordance with the generally acknowledged state of the art. The level of accuracy and accuracy metrics should be communicated in a clear, transparent, easily understandable and intelligible way to the users.
Amendment 223 #
2021/0106(COD)
Proposal for a regulation
Recital 51
Recital 51
(51) Cybersecurity plays a crucial role in ensuring that AI systems are resilient against attempts to alter their use, behaviour, performance or compromise their security properties by malicious third parties exploiting the system’s vulnerabilities. Cyberattacks against AI systems can leverage AI specific assets, such as training data sets (e.g. data poisoning) or trained models (e.g. adversarial attacks), or exploit vulnerabilities in the AI system’s digital assets or the underlying ICT infrastructure. To ensure a level of cybersecurity appropriate to the risks, suitable measures should therefore be taken by the providers of high-risk AI systems, as well as the notified bodies, competent national authorities and market surveillance authorities, also taking into account as appropriate the underlying ICT infrastructure.
Amendment 230 #
2021/0106(COD)
Proposal for a regulation
Recital 69
Recital 69
(69) In order to facilitate the work of the Commission and the Member States in the artificial intelligence field as well as to increase the transparency towards the public, providers and users of high-risk AI systems other than those related to products falling within the scope of relevant existing Union harmonisation legislation, should be required to register their high-risk AI system in a EU database, to be established and managed by the Commission. Certain AI systems listed in Article 52(1b) and (2) and uses thereof shall be registered in the EU database. In order to facilitate this, users shall request information listed in Annex VIII point 2(g) from providers of AI systems. Any uses of AI systems by public authorities or on their behalf shall also be registered in the EU database. In order to facilitate this, public authorities shall request information listed in Annex VIII point 3(g) from providers of AI systems. The Commission should be the controller of that database, in accordance with Regulation (EU) 2018/1725 of the European Parliament and of the Council55 . In order to ensure the full functionality of the database, when deployed, the procedure for setting the database should include the elaboration of functional specifications by the Commission and an independent audit report. In order to maximise the availability and use of the database by the public, the database, including the information made available through it, should comply with requirements under the European Accessibility Act. _________________ 55 Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 4.5.2016, p. 1).
Amendment 231 #
2021/0106(COD)
Proposal for a regulation
Recital 70
Recital 70
(70) Certain AI systems intended to interact with natural persons or to generate content may pose specific risks of impersonation or deception irrespective of whether they qualify as high-risk or not. In certain circumstances, the use of these systems should therefore be subject to specific transparency obligations without prejudice to the requirements and obligations for high-risk AI systems. In particular, natural persons should be notified that they are interacting with an AI system, unless this is obvious from the circumstances and the context of use or where the content forms part of an evidently creative, artistic or fictional cinematographic or analogous work. Moreover, natural persons should be notified when they are exposed to an emotion recognition system or a biometric categorisation system. Such information and notifications should be provided in accessible formats for persons with disabilities. Further, users, who use an AI system to generate or manipulate image, audio or video content that appreciably resembles existing persons, places or events and would falsely appear to a person to be authentic, should disclose in an appropriate, clear and transparent manner that the content has been artificially created or manipulated by labelling the artificial intelligence output accordingly and disclosing its artificial origin.
Amendment 235 #
2021/0106(COD)
Proposal for a regulation
Recital 71
Recital 71
(71) Artificial intelligence is a rapidly developing family of technologies that requires novel forms of regulatory oversight and a safe and fully controlled space for experimentation, while ensuring responsible innovation and integration of appropriate ethical safeguards and risk mitigation measures. To ensure a legal framework that is innovation-friendly, future-proof and resilient to disruption, national competent authorities from one or more Member States should be encouraged to establish artificial intelligence regulatory sandboxes to facilitate the development and testing of innovative AI systems under strict regulatory oversight before these systems are placed on the market or otherwise put into service. Regulatory sandboxes involving activities that may impact health, safety and fundamental rights, democracy and rule of law or the environment shall be developed in accordance with redress-by-design principles. Any significant risks identified during the development and testing of such systems shall result in immediate mitigation and, failing that, in the suspension of the development and testing process until such mitigation takes place. The legal basis of such sandboxes should comply with the requirements established in the existing data protection framework and should be consistent with the Charter of fundamental rights of the European Union.
Amendment 240 #
2021/0106(COD)
Proposal for a regulation
Recital 72
Recital 72
(72) The objectives of the regulatory sandboxes should be to foster AI innovation by establishing a strictly 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, as well as with the Charter of fundamental rights of the European Union and the General Data Protection Regulation; to enhance legal certainty for innovators and the competent authorities’ oversight and understanding of the opportunities, emerging risks and the impacts of AI use, to provide safeguards needed to build trust and reliance on AI systems and to accelerate access to markets, including by removing barriers for the public sector, small and medium enterprises (SMEs) and start-ups; to contribute to the development of ethical, socially responsible and environmentally sustainable AI systems. 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.
Amendment 247 #
2021/0106(COD)
(74) In order to minimise the risks to implementation resulting from lack of knowledge and expertise in the market as well as to facilitate compliance of providers and notified bodies with their obligations under this Regulation, the AI- on demand platform, the European Digital Innovation Hubs and the Testing and Experimentation Facilities established by the Commission and the Member States at national or EU level should possib, as well as the ENISA, the EU Agency for Fundamental Rights, EIGE, and the European Data Protection Supervisor should constantly contribute to the implementation of this Regulation. Within their respective mission and fields of competence, they may provide in particular technical and scientific support to providers and notified bodies.
Amendment 255 #
2021/0106(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point a
Article 1 – paragraph 1 – point a
(a) harmonised rules for the placing on the market, the putting into service and the use of human-centric and trustworthy artificial intelligence systems (‘AI systems’) in the Union;
Amendment 270 #
2021/0106(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 1
Article 3 – paragraph 1 – point 1
(1) ‘'artificial intelligence system’' (AI system) means software that is developed with one or more of the techniques and approaches listed in Annex I and can, for a given set of human-defined objectives, generate outputs such as content, predictions, recommendations, or decisions influencing the environments they interact with(and possibly also hardware) systems designed by humans that, given a complex goal, act in the physical or digital dimension by perceiving their environment through data acquisition, interpreting the collected structured or unstructured data, reasoning on the knowledge, or processing the information, derived from this data and deciding the best action(s) to take to achieve the given goal; AI systems can either use symbolic rules or learn a numeric model, and they can also adapt their behaviour by analysing how the environment is affected by their previous actions; AI systems can be developed with one or more of the techniques and approaches listed in Annex I;
Amendment 297 #
2021/0106(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 35
Article 3 – paragraph 1 – point 35
(35) ‘biometric categorisation system’ means an AI system for the purpose of assigning natural persons to specific categories, such as sex, age, hair colour, eye colour, tattoos, health, personal traits, ethnic origin or sexual or political orientation, on the basis of their biometric data;
Amendment 299 #
2021/0106(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 44 – introductory part
Article 3 – paragraph 1 – point 44 – introductory part
(44) ‘serious incident’ means any incident or malfunctioning of an AI system that directly or indirectly leads, might have led or might lead to any of the following:
Amendment 302 #
2021/0106(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 44 – point a
Article 3 – paragraph 1 – point 44 – point a
(a) the death of a person or serious damage to a person’s health, to propertyfundamental rights, health, safety or property, to democracy, the rule of law or the environment,
Amendment 305 #
2021/0106(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 44 – point b a (new)
Article 3 – paragraph 1 – point 44 – point b a (new)
(ba) breach of obligations under Union law intended to protect fundamental rights;
Amendment 306 #
2021/0106(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 44 – point b b (new)
Article 3 – paragraph 1 – point 44 – point b b (new)
(bb) breach of obligations under Union law intended to protect personal data;
Amendment 308 #
2021/0106(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 44 – point b c (new)
Article 3 – paragraph 1 – point 44 – point b c (new)
(bc) serious damage to the environment;
Amendment 312 #
2021/0106(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 44 a (new)
Article 3 – paragraph 1 – point 44 a (new)
(44a) ‘deep fake’ means generated or manipulated image, audio or video content produced by an AI system that appreciably resembles existing persons, objects, places or other entities or events and falsely appears to a person to be authentic or truthful;
Amendment 314 #
2021/0106(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 44 b (new)
Article 3 – paragraph 1 – point 44 b (new)
(44b) ‘personal data’ means data as defined in point (1) of Article 4 of Regulation (EU) 2016/679;
Amendment 316 #
2021/0106(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 44 c (new)
Article 3 – paragraph 1 – point 44 c (new)
(44c) ‘non-personal data’ means data other than personal data as defined in point (1) of Article 4 of Regulation (EU) 2016/679;
Amendment 317 #
2021/0106(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 44 d (new)
Article 3 – paragraph 1 – point 44 d (new)
(44d) ‘public interest organisation’ means 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;
Amendment 318 #
2021/0106(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 44 e (new)
Article 3 – paragraph 1 – point 44 e (new)
(44e) ‘redress by design’ means technical mechanisms and/or operational procedures, established from the design phase, in order to be able to effectively detect, audit, rectify the consequences and implications of wrong predictions by an AI system and improve it.
Amendment 318 #
2021/0106(COD)
Proposal for a regulation
Recital 1
Recital 1
(1) The purpose of this Regulation is to improve the functioning of the internal market by laying down a uniform legal framework in particular for the development, marketing and use of artificial intelligence in conformity with Union values. This Regulation pursues a number of overriding reasons of public interest, such as a high level of protection of health, safety, environment and fundamental rights, as well as consumer protection and it ensures the free movement of AI- based goods and services cross-border, thus preventing Member States from imposing restrictions on the development, marketing and use of AI systems, unless explicitly authorised by this Regulation.
Amendment 322 #
2021/0106(COD)
Proposal for a regulation
Recital 2
Recital 2
(2) Artificial intelligence systems (AI systems) can be easily deployed in multiple sectors of the economy and society, including cross border, and circulate throughout the Union. Certain Member States have already explored the adoption of national rules to ensure that artificial intelligence is safe and is developed and used in compliance with fundamental rights obligations. Differing national rules may lead to fragmentation of the internal market and decrease legal certainty for operators that develop or use AI systems. A consistent and high level of protection throughout the Union should therefore be ensured, while divergences hampering the free circulation of AI systems and related products and services within the internal market should be prevented, by laying down uniform obligations for operators and guaranteeing the uniform protection of overriding reasons of public interest and of rights of persons throughout the internal market based on Article 114 of the Treaty on the Functioning of the European Union (TFEU). To the extent that this Regulation contains specific rules on the protection of individuals with regard to the processing of personal data concerning restrictions of the use of AI systems for ‘real-time’ remote biometric identification in publicly accessible and online spaces for the purpose of law enforcement, it is appropriate to base this Regulation, in as far as those specific rules are concerned, on Article 16 of the TFEU. In light of those specific rules and the recourse to Article 16 TFEU, it is appropriate to consult the European Data Protection Board.
Amendment 330 #
2021/0106(COD)
Proposal for a regulation
Recital 3 a (new)
Recital 3 a (new)
(3 a) To ensure that Artificial Intelligence leads to socially and environmentally beneficial outcomes, Member States should support such measures through allocating sufficient resources, including public funding, and giving priority access to regulatory sandboxes to projects led by civil society and social stakeholders. Such projects should be based on the principle of interdisciplinary cooperation between AI developers, experts in equality and non- discrimination, accessibility, and consumer, environmental, and digital rights, and the academic community.
Amendment 332 #
2021/0106(COD)
Proposal for a regulation
Recital 3 a (new)
Recital 3 a (new)
(3 a) To ensure that Artificial Intelligence leads to socially and environmentally beneficial outcomes, Member States should support such measures through allocating sufficient resources, including public funding, and giving priority access to regulatory sandboxes to projects led by civil society and social stakeholders. Such projects should be based on the principle of interdisciplinary cooperation between AI developers, experts in equality and non- discrimination, accessibility, and consumer, environmental, and digital rights, and the academic community.
Amendment 333 #
2021/0106(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point d a (new)
Article 5 – paragraph 1 – point d a (new)
(da) AI systems intended to be used for recruitment or selection of natural persons, notably for advertising vacancies, screening or filtering applications, evaluating candidates in the course of interviews or tests;
Amendment 333 #
2021/0106(COD)
(3 b) Furthermore, in order for Member States to fight against climate change, to achieve climate-neutrality and to meet the Sustainable Development Goals (SDGs), the European companies should ensure the sustainable design of AI systems to reduce resource usage and energy consumption, thereby limiting the risks to the environment; AI systems have the potential to automatically provide businesses with detailed insight into their emissions, including value chains, and forecast future emissions, thus helping to adjust and achieve the Union's emission targets.
Amendment 335 #
2021/0106(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point d b (new)
Article 5 – paragraph 1 – point d b (new)
(db) AI systems intended to be used by law enforcement authorities for making individual risk assessments of natural persons in order to assess the risk of a natural person for offending or reoffending or the risk for potential victims of criminal offences;
Amendment 336 #
2021/0106(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) At the same time, depending on the circumstances regarding its specific application and use, artificial intelligence may generate risks and cause harm to public interests and rights that are protected by Union law. Such harm might be material or immaterial and might affect one or more persons, a groups of persons or society as a whole, as well as the environment.
Amendment 337 #
2021/0106(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point d c (new)
Article 5 – paragraph 1 – point d c (new)
(dc) 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;
Amendment 338 #
2021/0106(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point d d (new)
Article 5 – paragraph 1 – point d d (new)
(dd) AI systems intended to be used by law enforcement authorities for predicting the occurrence or reoccurrence of an actual or potential criminal offence based on profiling of natural persons as referred to in Article 3(4) of Directive (EU)2016/680 or assessing personality traits and characteristics or past criminal behaviour of natural persons or groups;
Amendment 339 #
2021/0106(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point d e (new)
Article 5 – paragraph 1 – point d e (new)
Amendment 340 #
2021/0106(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point d f (new)
Article 5 – paragraph 1 – point d f (new)
(df) AI intended to be used for making decisions on promotion and termination of work-related contractual relationships, for task allocation and for monitoring and evaluating performance and behaviour of persons in such relationships;
Amendment 340 #
2021/0106(COD)
Proposal for a regulation
Recital 4 a (new)
Recital 4 a (new)
(4 a) The concept of decision autonomy for machines is at its core in conflict with fundamental notions of our societies, such as human dignity, autonomy, and the rights to private life and the protection of personal data. This Regulation should reconcile the potential benefits to society offered by AI with the primacy of humans over machines;
Amendment 351 #
2021/0106(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) A Union legal framework laying down harmonised rules on artificial intelligence is therefore needed to foster the development, use and uptake of artificial intelligence in the internal market that at the same time meets a high level of protection of public interests, such as health and safetythe environment and the protection of fundamental rights and values, as recognised and protected by Union law. To achieve that objective, rules regulating the placing on the market and putting into service of certain AI systems should be laid down, thus ensuring the smooth functioning of the internal market and allowing those systems to benefit from the principle of free movement of goods and services. By laying down those rules, this Regulation supports the objective of the Union of being a global leader in the development of secure, trustworthy and ethical artificial intelligence, as stated by the European Council33 , and it ensures the protection of ethical principles, as specifically requested by the European Parliament34 . _________________ 33 European Council, Special meeting of the European Council (1 and 2 October 2020) – Conclusions, EUCO 13/20, 2020, p. 6. 34 European Parliament resolution of 20 October 2020 with recommendations to the Commission on a framework of ethical aspects of artificial intelligence, robotics and related technologies, 2020/2012(INL).
Amendment 356 #
2021/0106(COD)
Proposal for a regulation
Article 6 – paragraph 2
Article 6 – paragraph 2
2. In addition to the high-risk AI systems referred to in paragraph 1, AI systems referred to in Annex III shall also be considered high-risk. The provider shall apply a precautionary principle and, in case of uncertainty over the AI system's classification, shall consider the AI system high-risk.
Amendment 359 #
2021/0106(COD)
Proposal for a regulation
Article 7 – paragraph 1 – introductory part
Article 7 – paragraph 1 – introductory part
1. The Commission is empowered to adopt delegated acts in accordance with Article 73, following an adequate consultation with all relevant stakeholders, including, the European Artificial Intelligence Board, the EU Agency for Fundamental Rights, and the European Data Protection Supervisor, to update the list in Annex III, by adding high-risk AI systems where both of the following conditions are fulfilled:
Amendment 360 #
2021/0106(COD)
Proposal for a regulation
Article 7 – paragraph 1 – point a
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;
Amendment 361 #
2021/0106(COD)
Proposal for a regulation
Article 7 – paragraph 1 – point b
Article 7 – paragraph 1 – point b
(b) the AI systems pose a risk of harm to theeconomic harm, negative societal impacts or harm to the environment, health and safety, or a risk of adverse impact on fundamental rights, democracy and the rule of law, 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.
Amendment 365 #
2021/0106(COD)
Proposal for a regulation
Article 7 – paragraph 2 – introductory part
Article 7 – paragraph 2 – introductory part
2. When assessing for the purposes of paragraph 1 whether an AI system poses a risk of harm to the health and safety or a risk of adverse impact on fundamental rights or on the environment, democracy and rule of law, that is equivalent to or greater than the risk of harm posed by the high-risk AI systems already referred to in Annex III, the Commission shall take into account the following criteria:
Amendment 367 #
2021/0106(COD)
(c) the extent to which the use of an AI system has already caused harm to the health and safety or adverse impact on the fundamental rights, democracy, rule of law and the environment 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;
Amendment 367 #
2021/0106(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) The notion of biometric data used in this Regulation is in line with and should be interpreted consistently with the notion of biometric data as defined in Article 4(14) of Regulation (EU) 2016/679 of the European Parliament and of the Council35 , Article 3(18) of Regulation (EU) 2018/1725 of the European Parliament and of the Council36 and Article 3(13) of Directive (EU) 2016/680 of the European Parliament and of the Council37 . An additional definition has been added for ‘biometrics-based data’ to cover physical, physiological or behavioural data that may not meet the criteria to be defined as biometric data (i.e. would not allow or confirm the unique identification of a natural person) but which may be used for purposes such as emotion recognition or biometric categorisation. The addition of this definition does not narrow the scope of, nor exclude anything from, the definition of biometric data, but rather provides for a comprehensive scope for additional forms of data which may be used for purposes such as biometric categorisation but which would not allow or confirm unique identification. _________________ 35 Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 4.5.2016, p. 1). 36 Regulation (EU) 2018/1725 of the European Parliament and of the Council of 23 October 2018 on the protection of natural persons with regard to the processing of personal data by the Union institutions, bodies, offices and agencies and on the free movement of such data, and repealing Regulation (EC) No 45/2001 and Decision No 1247/2002/EC (OJ L 295, 21.11.2018, p. 39) 37 Directive (EU) 2016/680 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 by competent authorities for the purposes of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, and on the free movement of such data, and repealing Council Framework Decision 2008/977/JHA (Law Enforcement Directive) (OJ L 119, 4.5.2016, p. 89).
Amendment 368 #
2021/0106(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) The notion of biometric data used in this Regulation is in line with and should be interpreted consistently with the notion of biometric data as defined in Article 4(14) of Regulation (EU) 2016/679 of the European Parliament and of the Council35 , Article 3(18) of Regulation (EU) 2018/1725 of the European Parliament and of the Council36 and Article 3(13) of Directive (EU) 2016/680 of the European Parliament and of the Council37 . An additional definition has been added for ‘biometrics-based data’ to cover physical, physiological or behavioural data that may not meet the criteria to be defined as biometric data (i.e. would not allow or confirm the unique identification of a natural person) but which may be used for purposes such as emotion recognition or biometric categorisation. The addition of this definition does not narrow the scope of, nor exclude anything from, the definition of biometric data, but rather provides for a comprehensive scope for additional forms of data which may be used for purposes such as biometric categorisation but which would not allow or confirm unique identification. _________________ 35 Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 4.5.2016, p. 1). 36 Regulation (EU) 2018/1725 of the European Parliament and of the Council of 23 October 2018 on the protection of natural persons with regard to the processing of personal data by the Union institutions, bodies, offices and agencies and on the free movement of such data, and repealing Regulation (EC) No 45/2001 and Decision No 1247/2002/EC (OJ L 295, 21.11.2018, p. 39) 37 Directive (EU) 2016/680 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 by competent authorities for the purposes of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, and on the free movement of such data, and repealing Council Framework Decision 2008/977/JHA (Law Enforcement Directive) (OJ L 119, 4.5.2016, p. 89).
Amendment 369 #
2021/0106(COD)
Proposal for a regulation
Article 7 – paragraph 2 – point d
Article 7 – paragraph 2 – point d
(d) the potential extent of such harm or such adverse impact, in particular in terms of its intensity and its ability to affect a plurality of persons or the environment;
Amendment 374 #
2021/0106(COD)
Proposal for a regulation
Article 7 – paragraph 2 – point h – point i
Article 7 – paragraph 2 – point h – point i
(i) effective measures of redress, the availability of redress-by-design mechanisms and procedures in relation to the risks posed by an AI system, with the exclusion of claims forincluding claims for material and non-material damages;
Amendment 375 #
2021/0106(COD)
Proposal for a regulation
Article 7 – paragraph 2 – point h a (new)
Article 7 – paragraph 2 – point h a (new)
(h a) The general capabilities and functions of the AI system regardless of its purpose.
Amendment 378 #
2021/0106(COD)
Proposal for a regulation
Article 7 – paragraph 2 – point h b (new)
Article 7 – paragraph 2 – point h b (new)
(h b) The potential misuse and malicious use of an AI system and the technology that underpins it.
Amendment 384 #
2021/0106(COD)
Proposal for a regulation
Article 9 – paragraph 2 – introductory part
Article 9 – paragraph 2 – introductory part
2. The risk management system shall consist of a continuous iterative process run throughout the entire lifecycle of a high-risk AI system, requiring regular systematic updatingreview and updating, including when the high-risk AI system is subject to significant changes in its design or purpose. It shall comprise the following steps:
Amendment 384 #
2021/0106(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) For the purposes of this Regulation the notion of publicly accessible space should be understood as referring to any physical place that is accessible to the public, irrespective of whether the place in question is privately or publicly owned. Therefore, the notion does not cover places that are private in nature and normally not freely accessible for third parties, including law enforcement authorities, unless those parties have been specifically invited or authorised, such as homes, private clubs, offices, warehouses and factories. Online 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 online and 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.
Amendment 385 #
2021/0106(COD)
Proposal for a regulation
Article 9 – paragraph 2 – point a
Article 9 – paragraph 2 – point a
(a) identification and analysis of the known and foreseeable risks associated with each high-risk AI system; In particular the risks that a high-risk AI system will: (i) affect a person’s legal rights or legal status; (ii) affect a person’s access to credit, education, employment, healthcare, housing, insurance, or social welfare benefits or services, or the terms on which these are provided; (iii) undermine a person's safety; (iv) result in significant physical or psychological harm to a person; (v) restrict, infringe, or undermine the ability to realize a person’s fundamental rights; (vi) breach of obligations under Union law intended to protect personal data; (vii) result in serious damage to the environment; (viii) fail to achieve a high level of cybersecurity;
Amendment 388 #
2021/0106(COD)
Proposal for a regulation
Article 9 – paragraph 2 – point d
Article 9 – paragraph 2 – point d
(d) adoption of suitableffective risk management measures in accordance with the provisions of the following paragraphs.
Amendment 391 #
2021/0106(COD)
Proposal for a regulation
Article 9 – paragraph 4 – introductory part
Article 9 – paragraph 4 – introductory part
4. The risk management measures referred to in paragraph 2, point (d) shall be such that any residual 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 misuse. Those residual risks shall be communicated to the user in a clear, easily understandable and intelligible way.
Amendment 395 #
2021/0106(COD)
Proposal for a regulation
Article 9 – paragraph 8
Article 9 – paragraph 8
8. When implementing the risk management system described in paragraphs 1 to 7, specific consideration shall be given to whether the high-risk AI system is likely to be accessed by or have an impact on children, the elderly, refugees or other vulnerable groups.
Amendment 403 #
2021/0106(COD)
Proposal for a regulation
Recital 12 a (new)
Recital 12 a (new)
(12 a) In order to ensure a minimum level of transparency on the ecological sustainability aspects of an AI system, providers and users should document parameters including but not limited to resource consumption, resulting from the design, data management and training, the underlying infrastructures of the AI system, and of the methods to reduce such impact for any AI system.
Amendment 404 #
2021/0106(COD)
Proposal for a regulation
Article 10 – paragraph 2 – introductory part
Article 10 – paragraph 2 – introductory part
2. Training, validation and testing data sets shall be subject to appropriate data governance and management practices for the entire lifecycle of data processing. Those practices shall concern in particular,
Amendment 406 #
2021/0106(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) In order to ensure a consistent and high level of protection of public interests as regards health, safety and fundamental rights, 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. In order to ensure a minimum level of transparency on the ecological sustainability aspects of an AI system, providers and users should document (i) parameters including, but not limited to, resource consumption resulting from the design, data management, training and from the underlying infrastructures of the AI system; as well as (ii) the methods to reduce such impact.
Amendment 407 #
2021/0106(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) In order to ensure a consistent and high level of protection of public interests as regards health, safety, the environment and fundamental rights, and values, 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), the European Green Deal (The Green Deal), the Joint Declaration on Digital Rights of the Union (the Declaration) and the Ethics Guidelines for Trustworthy Artificial Intelligence (AI) of the High- Level Expert Group on Artificial Intelligence (AI HLEG), and should be non-discriminatory and in line with the Union’s international trade commitments.
Amendment 409 #
2021/0106(COD)
Proposal for a regulation
Article 10 – paragraph 2 – point f
Article 10 – paragraph 2 – point f
(f) examination in view of possible biasesbiases, including where data outputs are used as an input for future operations (‘feedback loops’) that are likely to affect health, fundamental rights and safety of persons or lead to discrimination prohibited by Union law;
Amendment 417 #
2021/0106(COD)
Proposal for a regulation
Article 10 – paragraph 2 – point g a (new)
Article 10 – paragraph 2 – point g a (new)
(ga) the purpose and the environment in which the system is to be used.
Amendment 418 #
2021/0106(COD)
Proposal for a regulation
Recital 15 a (new)
Recital 15 a (new)
(15 a) As signatories to the United Nations Convention on the Rights of Persons with Disabilities (CRPD), the European Union and all Member States are legally obliged to protect persons with disabilities from discrimination and promote their equality (Article 5). They are also obliged to ensure that persons with disabilities have access, on an equal basis with others, to information and communications technologies and systems. (Article 9). Finally, they are obliged to ensure respect for privacy of persons with disabilities (Article 22).
Amendment 419 #
2021/0106(COD)
Proposal for a regulation
Recital 15 a (new)
Recital 15 a (new)
(15 a) As signatories to the United Nations Convention on the Rights of Persons with Disabilities (CRPD), the European Union and all Member States are legally obliged to protect persons with disabilities from discrimination and promote their equality (Article 5). They are also obliged to ensure that persons with disabilities have access, on an equal basis with others, to information and communications technologies and systems. (Article 9). Finally, they are obliged to ensure respect for privacy of persons with disabilities (Article 22).
Amendment 422 #
2021/0106(COD)
Proposal for a regulation
Recital 15 b (new)
Recital 15 b (new)
(15 b) Given the growing importance and use of AI systems, the strict application of universal design principles to all new technologies and services should ensure full, equal, and unrestricted access for everyone potentially affected by or using AI technologies, including persons with disabilities, in a way that takes full account of their inherent dignity and diversity. It is essential to ensure that providers of AI systems design them, and users use them, in accordance with the accessibility requirements set out in Directive (EU) 2019/882. Union law should be further developed, including through this Regulation, so that no one is left behind as result of digital innovation.
Amendment 424 #
2021/0106(COD)
Proposal for a regulation
Article 10 – paragraph 3
Article 10 – paragraph 3
3. Training, validation and testing data sets shall be relevant, representative, and to the best extent possible free of errors and complete. They shall have the appropriate statistical properties, including, where applicable, as regards the persons or groups of persons on which the high-risk AI system is intended to be used. These characteristics of the data sets may be met at the level of individual data sets or a combination thereof.
Amendment 437 #
2021/0106(COD)
Proposal for a regulation
Recital 17
Recital 17
(17) AI systems providing social scoring of natural persons for general purpose by public authorities 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.
Amendment 452 #
2021/0106(COD)
Proposal for a regulation
Recital 18
Recital 18
(18) The use of AI systems for ‘real- time’ remote biometric identification of natural persons in publicly accessible spaces for the purpose of law enforcement is considered particularly intrusive in the rights and freedoms of the concerned persons, to the extent that it may affect the private life of a large part of the population, evoke a feeling of constant surveillance and indirectly dissuade the exercise of the freedom of assembly and other fundamental rights. In addition, the immediacy of the impact and the limited opportunities for further checks or corrections in relation to the use of such systems operating in ‘real-time’ carry heightened risks for the rights and freedoms of the persons that are concerned by law enforcement activities. Such AI systems should be therefore prohibited.
Amendment 453 #
2021/0106(COD)
Proposal for a regulation
Recital 18
Recital 18
(18) The use of AI systems for ‘real- time’ remote biometric identification of natural persons in publicly accessible or online spaces for the purpose of law enforcement is considered particularly intrusive in the rights and freedoms of the concerned persons, to the extent that it may affect the private life of a large part of the population, evoke a feeling of constant surveillance and indirectly dissuade the exercise of the freedom of assembly and other fundamental rights. In addition, the immediacy of the impact and the limited opportunities for further checks or corrections in relation to the use of such systems operating in ‘real-time’ carry heightened risks for the rights and freedoms of the persons that are concerned by law enforcement activities.
Amendment 457 #
2021/0106(COD)
Proposal for a regulation
Article 15 – paragraph 1
Article 15 – paragraph 1
1. High-risk AI systems shall be designed and developed in such a way that they achieve, in the light of their intended purpose, an appropriate high level of accuracy, robustness and cybersecurity, and perform consistently in those respects throughout their lifecycle.
Amendment 457 #
2021/0106(COD)
Proposal for a regulation
Recital 18 a (new)
Recital 18 a (new)
(18 a) The notion of ‘at a distance’ in Remote Biometric Identification (RBI) means the use of systems as described in Article 3(36), at a distance great enough that the system has the capacity to scan multiple persons in its field of view (or the equivalent generalised scanning of online / virtual spaces), which would mean that the identification could happen without one or more of the data subjects’ knowledge. Because RBI relates to how a system is designed and installed, and not solely to whether or not data subjects have consented, this definition applies even when warning notices are placed in the location that is under the surveillance of the RBI system, and is not de facto annulled by pre-enrolment.
Amendment 458 #
2021/0106(COD)
Proposal for a regulation
Recital 18 a (new)
Recital 18 a (new)
(18 a) The notion of ‘at a distance’ in Remote Biometric Identification (RBI) means the use of systems as described in Article 3(36), at a distance great enough that the system has the capacity to scanmultiple persons in its field of view (or the equivalent generalised scanning of online / virtual spaces), which would mean that the identification could happen without one or more of the data subjects’ knowledge. Because RBI relates to how a system is designed and installed, and not solely to whether or not data subjects have consented, this definition applies even when warning notices are placed in the location that is under the surveillance of the RBI system, and is not defacto annulled by pre-enrollment.
Amendment 461 #
2021/0106(COD)
Proposal for a regulation
Recital 18 b (new)
Recital 18 b (new)
(18 b) ‘Biometric categorisation systems’ are defined as AI systems that assign natural persons to specific categories, or infer their characteristics or attributes. ‘Categorisation’ shall include any sorting of natural persons, whether into discrete categories (e.g. male/female, suspicious/not-suspicious), on a numerical scale (e.g. using the Fitzpatrick scale for skin type) or any other form of assigning labels or values to people. ‘Inferring an attribute or characteristic’ shall include any situation in which an AI system uses one type of data about a natural person (e.g. hair colour) to ascribe a different attribute or characteristic to that person (e.g. ethnic origin).
Amendment 469 #
2021/0106(COD)
Proposal for a regulation
Recital 19
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).
Amendment 479 #
2021/0106(COD)
Proposal for a regulation
Recital 20
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.
Amendment 480 #
2021/0106(COD)
Proposal for a regulation
Recital 20
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 or online 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.
Amendment 485 #
2021/0106(COD)
Proposal for a regulation
Recital 21
Recital 21
Amendment 488 #
2021/0106(COD)
Proposal for a regulation
Recital 21
Recital 21
(21) Each use of a ‘real-time’ remote biometric identification system in publicly accessible or online 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.
Amendment 497 #
2021/0106(COD)
Proposal for a regulation
Article 29 a (new)
Article 29 a (new)
Article 29 a Obligation on users to define affected persons Before putting into use a high-risk AI system as defined in Article 6(2), the user shall define categories of natural persons and groups likely to be affected by the use of the system.
Amendment 499 #
2021/0106(COD)
Proposal for a regulation
Article 29 b (new)
Article 29 b (new)
Article 29 b Fundamental rights impact assessments for high-risk AI systems 1. Users of high-risk AI systems shall conduct an assessment of the systems’ impact in the context of use before putting the system into use. This assessment shall include, but is not limited to, the following: 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; c. verification of the legality of the system in accordance with Union and national law, fundamental rights law, Union accessibility legislation, and the extent to which the system is in compliance with this Regulation; d. the likely impact on fundamental rights of the high-risk AI system, including any indirect impacts or consequences of the system’s use; e. any specific risk of harm likely to impact marginalised persons or those groups at risk of discrimination, or increase existing societal inequalities; 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 public interest; and h. clear steps as to how the harms identified will be mitigated, and how effective this mitigation is likely to be. 2. If adequate steps to mitigate the risks outlined in the course of the assessment in paragraph 1 cannot be identified, the system shall not be put into use. Market surveillance authorities, pursuant to their capacity under Articles 65 and 67, may 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 deployment of the high-risk AI system. 4. In the course of the impact assessment, the user shall notify relevant national authorities and all relevant stakeholders with a view to receiving input into the impact assessment. 5. Where, following the impact assessment process, the user decides to put the high- risk AI system into use, the user shall be required to publish the results of the impact assessment as part of the registration of use pursuant to their obligation under Article 51(2). 6. Where the user is already required to carry out a data protection impact assessment under Article 35 of Regulation (EU) 2016/679 or Article 27 of Directive (EU)2016/680, the impact assessment outlined in paragraph 1 shall be conducted in conjunction to the data protection impact assessment and be published as an addendum. 7. Users of high-risk AI systems shall use the information provided under Article 13 to comply with their obligation under paragraph 1. 8. The obligations on users in paragraph 1 is without prejudice to the obligations on users of all high risk AI systems as outlined in Article 29.
Amendment 503 #
2021/0106(COD)
Proposal for a regulation
Recital 23
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. The lex specialis nature of the prohibition on RBI does not provide a legal basis for law enforcement uses of RBI, nor does it weaken existing protections of biometric data under the Data Protection Law Enforcement Directive (LED) or national implementations of the LED.
Amendment 504 #
2021/0106(COD)
Proposal for a regulation
Recital 23
Recital 23
(23) The use of AI systems for ‘real- time’ remote biometric identification of natural persons in publicly accessible or online 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 or online 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.
Amendment 507 #
2021/0106(COD)
Proposal for a regulation
Recital 23 a (new)
Recital 23 a (new)
(23 a) ‘Biometric categorisation systems’ are defined as AI systems that assign natural persons to specific categories, or infer their characteristics or attributes. ‘Categorisation’ shall include any sorting of natural persons, whether into discrete categories (e.g. male/female, suspicious/not-suspicious), on a numerical scale (e.g. using the Fitzpatrick scale for skin type) or any other form of assigning labels or values to people. ‘Inferring an attribute or characteristic’ shall include any situation in which an AI system uses one type of data about a natural person (e.g. hair colour) to ascribe a different attribute or characteristic to that person (e.g. ethnic origin).
Amendment 512 #
2021/0106(COD)
Proposal for a regulation
Article 43 – paragraph 1 – introductory part
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 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:
Amendment 513 #
2021/0106(COD)
Proposal for a regulation
Article 43 – paragraph 1 – point a
Article 43 – paragraph 1 – point a
Amendment 514 #
2021/0106(COD)
Proposal for a regulation
Article 43 – paragraph 2
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.
Amendment 514 #
2021/0106(COD)
Proposal for a regulation
Recital 24
Recital 24
(24) Any processing of biometric data and other personal data involved in the use of AI systems for biometric identification, other than in connection to the use of ‘real- time’ remote biometric identification systems in publicly accessible or online spaces for the purpose of law enforcement as regulated by this Regulation, including where those systems are used by competent authorities in publicly accessible or online spaces for other purposes than law enforcement, should continue to comply with all requirements resulting from Article 9(1) of Regulation (EU) 2016/679, Article 10(1) of Regulation (EU) 2018/1725 and Article 10 of Directive (EU) 2016/680, as applicable.
Amendment 515 #
2021/0106(COD)
Amendment 516 #
2021/0106(COD)
Proposal for a regulation
Article 43 – paragraph 6
Article 43 – paragraph 6
Amendment 522 #
2021/0106(COD)
Proposal for a regulation
Article 51 – paragraph 1
Article 51 – paragraph 1
1. Before placing on the market or putting into service a high-riskn AI system referred to in Article 6(2),the following paragraphs the provider or, where applicable, the authorised representative shall register that system in the EU database referred to in Article 60.
Amendment 524 #
2021/0106(COD)
Proposal for a regulation
Article 51 – paragraph 1 – point a (new)
Article 51 – paragraph 1 – point a (new)
(a) a high-risk AI system referred to in Article 6(2);
Amendment 525 #
2021/0106(COD)
Proposal for a regulation
Article 51 – paragraph 1 – point b (new)
Article 51 – paragraph 1 – point b (new)
(b) any AI system referred to in Article 52, paragraphs 1b and 2;
Amendment 526 #
2021/0106(COD)
Proposal for a regulation
Article 51 – paragraph 1 a (new)
Article 51 – paragraph 1 a (new)
Amendment 528 #
2021/0106(COD)
Proposal for a regulation
Recital 27
Recital 27
(27) High-risk AI systems should only be placed on the Union market or put into service 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. AI systems identified as high-risk should be limited to those that have a significant harmful impact on the health, safety and fundamental rights of persons in the Union and such limitation minimises any potential restriction to international trade, if any, but also on the environment, democracy and the rule of law in the Union..
Amendment 529 #
2021/0106(COD)
Proposal for a regulation
Article 51 – paragraph 1 b (new)
Article 51 – paragraph 1 b (new)
3. Before using an AI system, public authorities shall register the uses of that system in the EU database referred to in Article 60. A new registration entry must be completed by the user for each use of an AI system.
Amendment 531 #
2021/0106(COD)
Proposal for a regulation
Article 52 – paragraph 1
Article 52 – paragraph 1
1. Providers shall ensure that AI systems intended to interact with natural persons are designed and developed in such a way that natural persons are informed in a clear, easily understandable and intelligible way that they are interacting with an AI system, unless this is obvious from the circumstances and the context of use. This obligation shall not apply to AI systems authorised by law to detect, prevent, investigate and prosecute criminal offences, unless those systems are available for the public to report a criminal offence.
Amendment 535 #
2021/0106(COD)
Proposal for a regulation
Article 52 – paragraph 1 a (new)
Article 52 – paragraph 1 a (new)
1a. Users of a high-risk AI system, referred to in Article 6(2), shall inform natural persons exposed thereto of the operation of the system.
Amendment 537 #
2021/0106(COD)
Proposal for a regulation
Article 52 – paragraph 2
Article 52 – paragraph 2
2. Users of an emotion recognition system or a biometric categorisation system shall inform of the operation of the system the natural persons exposed thereto. This obligation shall not apply to AI systems used for biometric categorisation, which are permitted by law to detect, prevent and investigate criminal offences.
Amendment 538 #
2021/0106(COD)
Proposal for a regulation
Article 52 – paragraph 3 – introductory part
Article 52 – paragraph 3 – introductory part
3. Users of an AI system that generates or manipulates image, audio or video content that appreciably resembles existing persons, objects, places or other entities or events and would falsely appear to a person to be authentic or truthful (‘deep fake’), shall disclose in an appropriate, clear and visible manner, that the content has been artificially generated or manipulated.
Amendment 540 #
2021/0106(COD)
Proposal for a regulation
Recital 32
Recital 32
(32) As regards stand-alone AI systems, meaning high-risk AI systems other than those that are safety components of products, or which are themselves products, it is appropriate to classify them as high-risk if, in the light of their intended purpose or reasonably foreseeable uses, they pose a high risk of harm to the health and safety or the fundamental rights of persons, taking into account both the severity of the possible harm and its probability of occurrence and they are used in a number of specifically pre-defined areas specified in the Regulation. The identification of those systems is based on the same methodology and criteria envisaged also for any future amendments of the list of high-risk AI systems. (This amendment should apply throughout the text, i.e. any occurrence of "intended purpose" should be followed by "or reasonably foreseeable uses")
Amendment 541 #
2021/0106(COD)
Proposal for a regulation
Article 52 – paragraph 3 – subparagraph 1
Article 52 – paragraph 3 – subparagraph 1
However, the first subparagraph shall not apply where the use is authorised by law to detectcontent forms part of an evidently artistic, pcrevent, investigate and prosecute criminal offencesative or fictional cinematographic and analogous work, or it is necessary for the exercise of the right to freedom of expression and the right to freedom of the arts and sciences guaranteed in the Charter of Fundamental Rights of the EU, and subject to appropriate safeguards for the rights and freedoms of third parties.
Amendment 542 #
2021/0106(COD)
Proposal for a regulation
Recital 32
Recital 32
(32) As regards stand-alone AI systems, meaning high-risk AI systems other than those that are safety components of products, or which are themselves products, it is appropriate to classify them as high-risk if, in the light of their intended purpoforeseeable uses, they pose a high risk of harm to the health and safety or the fundamental rights of persons, taking into account both the severity of the possible harm and its probability of occurrence and they are used in a number of specifically pre-defined areas specified in the Regulation. The identification of those systems is based on the same methodology and criteria envisaged also for any future amendments of the list of high-risk AI systems.
Amendment 543 #
2021/0106(COD)
Proposal for a regulation
Article 52 – paragraph 3 a (new)
Article 52 – paragraph 3 a (new)
3a. Providers of any AI system shall document and make available upon request the parameters regarding the environmental impact, including but not limited to resource consumption, resulting from the design, data management and training, the underlying infrastructures of the AI system, and of the methods to reduce such impact.
Amendment 544 #
2021/0106(COD)
Proposal for a regulation
Article 52 – paragraph 4
Article 52 – paragraph 4
4. 5. Paragraphs 1, 2, 3 and 3a shall not affect the requirements and obligations set out in Title III of this Regulation.
Amendment 550 #
2021/0106(COD)
Proposal for a regulation
Recital 33
Recital 33
(33) Technical inaccuracies of AI systems intended for the remote biometric identification of natural persons can lead to biased results and entail discriminatory effects. This is particularly relevant when it comes to age, ethnicity, sex or disabilities. Therefore, ‘real-time’ and ‘post’ remote biometric identification systems should be classified as high-risk. In view of the risks that they pose, both types of remote biometric identification systems should be subject to specific requirements on logging capabilities and human oversightprohibited.
Amendment 555 #
2021/0106(COD)
Proposal for a regulation
Article 53 – paragraph 1
Article 53 – paragraph 1
1. AI regulatory sandboxes established by one or more Member States competent authorities or the European Data Protection Supervisor shall provide a strictly controlled environment that facilitates the development, testing and validation of innovative AI systems for a limited time before their placement on the market or putting into service pursuant to a specific plan. This shall take place under the direct supervision and guidance by the competent authorities with a view to identifying risks in particular to health, safety, and fundamental rights, ensuring compliance with the requirements of this Regulation and, where relevant, other Union and Member States legislation supervised within the sandbox.
Amendment 556 #
2021/0106(COD)
Proposal for a regulation
Recital 35
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 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. Therefore, AI systems in education shall be prohibited to be used by public authorities in education of underaged children to meet the requirement in this regulation, to not exploit any of the vulnerabilities of the group of persons due to their age.
Amendment 560 #
2021/0106(COD)
Proposal for a regulation
Article 53 – paragraph 3
Article 53 – paragraph 3
3. The AI regulatory sandboxes shall not affect the supervisory and corrective powers of the competent authorities. Any significant risks toRegulatory sandboxes involving activities that may impact health and, safety and fundamental rights, democracy and rule of law or the environment shall be developed in accordance with redress-by-design principles. Any significant risks identified during the development and testing of such systems shall result in immediate mitigation and, failing that, in the suspension of the development and testing process until such mitigation takes place.
Amendment 567 #
2021/0106(COD)
Proposal for a regulation
Recital 36 b (new)
Recital 36 b (new)
(36 b) Given the significance of Artificial Intelligence impact assessments according to the usage Artificial Intelligence applications in the workplace, the EU will consider a corresponding directive with specific provisions for an impact assessment to ensure the protection of the rights and freedoms of workers affected by AI systems through collective agreements of national legislation.
Amendment 570 #
2021/0106(COD)
Proposal for a regulation
Recital 37
Recital 37
(37) Another area in which the use of AI systems deserves special consideration is the access to and enjoyment of certain essential private and public services and benefits necessary for people to fully participate in society or to improve one’s standard of living. In particular, AI systems used to evaluate the credit score or creditworthiness of natural persons should be classified as high-risk AI systemsprohibited, since they determine those persons’ access to financial resources or essential services such as housing, electricity, and telecommunication services. AI systems used for this purpose may lead to discrimination of persons or groups and perpetuate historical patterns of discrimination, for example based on racial or ethnic origins, disabilities, age, sexual orientation, or create new forms of discriminatory impacts. Considering the very limited scale of the impact and the available alternatives on the market, it is appropriate to exempt AI systems for the purpose of creditworthiness assessment and credit scoring when put into service by small-scale providers for their own use. Natural persons applying for or receiving public assistance benefits and services from public authorities are typically dependent on those benefits and services and in a vulnerable position in relation to the responsible authorities. If AI systems are used for determining whether such benefits and services should be denied, reduced, revoked or reclaimed by authorities, they may have a significant impact on persons’ livelihood and may infringe their fundamental rights, such as the right to social protection, non- discrimination, human dignity or an effective remedy. Those systems should therefore be classified as high-risk. Nonetheless, this Regulation should not hamper the development and use of innovative approaches in the public administration, which would stand to benefit from a wider use of compliant and safe AI systems, provided that those systems do not entail a high risk to legal and natural persons. Finally, AI systems used to dispatch or establish priority in the dispatching of emergency first response services should also be classified as high- risk since they make decisions in very critical situations for the life and health of persons and their property.
Amendment 572 #
2021/0106(COD)
Proposal for a regulation
Article 55 – paragraph 1 – point a
Article 55 – paragraph 1 – point a
(a) provide small-scale providers and start-ups established in the EU with priority access to the AI regulatory sandboxes to the extent that they fulfil the eligibility conditions;
Amendment 584 #
2021/0106(COD)
Proposal for a regulation
Article 55 a (new)
Article 55 a (new)
Amendment 584 #
2021/0106(COD)
Proposal for a regulation
Recital 38
Recital 38
(38) Actions by law enforcement authorities involving certain uses of AI systems are characterised by a significant degree of power imbalance and may lead to surveillance, arrest or deprivation of a natural person’s liberty as well as other adverse impacts on fundamental rights guaranteed in the Charter. In particular, if the AI system is not trained with high quality data, does not meet adequate requirements in terms of its accuracy or robustness, or is not properly designed and tested before being put on the market or otherwise put into service, it may single out people in a discriminatory or otherwise incorrect or unjust manner. Furthermore, the exercise of important procedural fundamental rights, such as the right to an effective remedy and to a fair trial as well as the right of defence and the presumption of innocence, could be hampered, in particular, where such AI systems are not sufficiently transparent, explainable and documented. It is therefore appropriate to classify as high-risk a number of and where a redress procedure is not foreseen. It is therefore appropriate to prohibit some 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, including the availability of redress-by-design mechanisms and procedures. In view of the nature of the activities in question and the risks relating thereto, those high-risk AIprohibited systems should include in particular AI systems intended to be used by law enforcement authorities for individual risk assessments, polygraphs and similar tools or to detect the emotional state of natural person, to detect ‘deep fakes’, for the evaluation of the reliability of evidence in criminal proceedings, for predicting the occurrence or reoccurrence of an actual or potential criminal offence based on profiling of natural persons, or assessing personality traits and characteristics or past criminal behaviour of natural persons or groups, for profiling in the course of detection, investigation or prosecution of criminal offences, as well as for crime analytics regarding natural persons. AI systems specifically intended to be used for administrative proceedings by tax and customs authorities should not be considered high-risk AI systems used by law enforcement authorities for the purposes of prevention, detection, investigation and prosecution of criminal offencesincluded in such a ban.
Amendment 585 #
2021/0106(COD)
Proposal for a regulation
Article 55 b (new)
Article 55 b (new)
Article 55 b Right to information about the use and functioning of AI systems 1. Natural persons shall have the right to be informed that they have been exposed to high-risk AI systems as defined in Article 6, and other AI systems as defined in Article 52. 2. Natural persons shall have the right to be provided upon request, with an explanation for decisions producing legal effects or otherwise significantly affecting them or outcomes related to them taken by or with the assistance of systems within the scope of this Regulation, pursuant to Article 52 paragraph (3b). 3. The information outlined in paragraphs 1 and 2 shall be provided in a clear, easily understandable and intelligible way, in a manner that is accessible for persons with disabilities.
Amendment 586 #
2021/0106(COD)
Proposal for a regulation
Article 55 c (new)
Article 55 c (new)
Article 55 c Right to lodge a complaint with a national supervisory authority 1. Natural persons affected by the operation of AI systems within the scope of this Regulation, who consider that their rights under this Regulation have been infringed shall have the right to lodge a complaint with a national supervisory authority in the Member State of their habitual residence, place of work, or place of the alleged infringement. 2. National supervisory authorities have the duty to investigate, in conjunction with relevant market surveillance authority if applicable, the alleged infringement and inform the complainant, within a period of 3 months, of the outcome of the complaint, including the possibility of a judicial remedy pursuant to Article 55e.
Amendment 586 #
2021/0106(COD)
Proposal for a regulation
Recital 39
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. 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).
Amendment 587 #
2021/0106(COD)
Proposal for a regulation
Article 55 d (new)
Article 55 d (new)
Article 55 d Representation of natural persons and the right for public interest organisations to lodge a complaint with national supervisory authority 1. Natural persons who consider that their rights under this Regulation have been infringed shall have the right to mandate a public interest organisation to lodge a complaint on their behalf with a national competent authority and to exercise on their behalf their rights as, referred to in Articles 55c and 55e. 2. Public interest organisations shall have the right to lodge complaints with national competent authorities, independently of the mandate of the natural person, if they consider that an AI system has been placed on the market, put into service, or used in a way that infringes this Regulation, or is otherwise in violation of fundamental rights or other aspects of public interest protection, pursuant to article 67.
Amendment 588 #
2021/0106(COD)
Proposal for a regulation
Article 55 e (new)
Article 55 e (new)
Article 55 e Right to an effective remedy against the national supervisory authority 1. Without prejudice to any other administrative or non-judicial remedy, each natural or legal person shall have the right to an effective judicial remedy against a legally binding decision of a national supervisory authority concerning them. 2. Without prejudice to any other administrative or non-judicial remedy, each natural person shall have the right to an effective judicial remedy where the national supervisory authority does not handle a complaint or does not inform the person within three months on the progress or outcome of the complaint lodged pursuant to Articles 55c and 55d. 3. Proceedings against a national supervisory authority shall be brought before the courts of the Member State where the national supervisory authority is established.
Amendment 589 #
2021/0106(COD)
Proposal for a regulation
Article 55 f (new)
Article 55 f (new)
Article 55 f Right to an effective remedy against a user for the infringement of rights 1. Without prejudice to any available administrative or non-judicial remedy, any natural person shall have the right to an effective judicial remedy against a user where they consider that their rights under this Regulation have been infringed or has been subject to an AI system otherwise in non-compliance with this Regulation. 2. Any person who has suffered material or non-material damage as a result of an infringement of this Regulation shall have the right to receive compensation from the user for the damage suffered.
Amendment 593 #
2021/0106(COD)
Proposal for a regulation
Article 56 – paragraph 2 – point c a (new)
Article 56 – paragraph 2 – point c a (new)
(ca) (d) launch an evaluation procedure for an AI system.
Amendment 593 #
2021/0106(COD)
Proposal for a regulation
Recital 39 a (new)
Recital 39 a (new)
(39 a) The use of AI systems in migration, asylum and border control management should in no circumstances be used by Member States or European Union institutions as a means to circumvent their international obligations under the Convention of 28 July 1951 relating to the Status of Refugees as amended by the Protocol of 31 January 1967, nor should they be used to in any way infringe on the principle of non- refoulement, or deny safe and effective legal avenues into the territory of the Union, including the right to international protection;
Amendment 594 #
2021/0106(COD)
Proposal for a regulation
Article 56 – paragraph 2 – point c b (new)
Article 56 – paragraph 2 – point c b (new)
(cb) assist providers and users of AI systems, in particular SMEs and start- ups to meet the requirements of this Regulation.
Amendment 594 #
2021/0106(COD)
Proposal for a regulation
Recital 39 a (new)
Recital 39 a (new)
(39 a) The use of AI systems in migration, asylum and border control management should in no circumstances be used by Member States or European Union institutions as a means to circumvent their international obligations under the Convention of 28 July 1951 relating to the Status of Refugees as amended by the Protocol of 31 January1967, nor should they be used to in any way infringe on the principle of non-refoulement, or deny safe and effective legal avenues into the territory of the Union, including the right to international protection;
Amendment 596 #
2021/0106(COD)
Proposal for a regulation
Article 57 – paragraph 1
Article 57 – paragraph 1
1. The Board shall be composed of the national supervisory authorities, who shall be represented by the head or equivalent high-level official of that authority, and the European Data Protection Supervisor, the EU Agency for Fundamental Rights, ENISA and EIGE. Other national authorities may be invited to the meetings, where the issues discussed are of relevance for them.
Amendment 599 #
2021/0106(COD)
Proposal for a regulation
Article 57 – paragraph 4
Article 57 – paragraph 4
4. The Board may invite external experts and observers toshall be reinforced on at tend its meetings and may hold exchanges with interested third parties to inform its activities to an appropriate extent. To that end the Commission may facilitate exchanges between the Board and other Union bodies, offices, agencies and advisory groupschnical level by the creation of a specialised body of external experts and observers. To that end the Commission may facilitate exchanges between the Board and other Union bodies, offices, agencies and the specialised body. The composition of the specialised body shall ensure fair representation of consumer organisations, social partners, civil society organisations and academics specialised in AI. Its meetings and their minutes shall be published online.
Amendment 600 #
2021/0106(COD)
Proposal for a regulation
Recital 40 a (new)
Recital 40 a (new)
(40 a) Another area in which the use of AI systems deserves special consideration is the use for health-related purposes, including healthcare. Next to medical devices (as per EU regulation 2017/745), other health-related AI systems also bring about risks which should be regulated. These include systems that influence individual’s health outcomes but do not meet the criteria for a medical device, systems that influence population health outcomes or health equality, systems that impact the distribution of healthcare resources and systems used by pharmaceutical and medical technology companies in research and development, pharmacovigilance, market optimisation and pharmaceutical marketing. Bias and errors in health-related AI systems can have major and immediate consequences for individuals’ and populations’ health and wellbeing. Further, many systems will use sensitive and personal data, which needs to be justified, and about which patients need to be properly informed. What is more, systems that work on hospital, health system, or population level may have a major effect on societal health because they influence the distribution of healthcare resources and health policy design. For these reasons, there is a need for trustworthy AI in healthcare, meaning people must be able to trust that systems used in healthcare are scientifically, technically and clinically valid, safe and accountable, and safeguard individuals’ autonomy and privacy.
Amendment 601 #
2021/0106(COD)
Proposal for a regulation
Article 58 – paragraph 1 – point c – introductory part
Article 58 – paragraph 1 – point c – introductory part
(c) issue guidelines, opinions, recommendations or written contributions on matters related to the implementation of this Regulation, in particular
Amendment 603 #
2021/0106(COD)
Proposal for a regulation
Article 58 – paragraph 1 – point c – point iii a (new)
Article 58 – paragraph 1 – point c – point iii a (new)
(iiia) on the need for the amendment of the Annexes,
Amendment 605 #
2021/0106(COD)
Proposal for a regulation
Article 58 – paragraph 1 – point c a (new)
Article 58 – paragraph 1 – point c a (new)
(ca) to provide specific guidance and assistance to SMEs and start- ups regarding the compliance of the obligations set out in this Regulation;
Amendment 607 #
2021/0106(COD)
Proposal for a regulation
Article 60 – title
Article 60 – title
EU database for stand-alone high-risk AI systems and certain AI systems, uses thereof, and uses of AI systems by public authorities
Amendment 608 #
2021/0106(COD)
Proposal for a regulation
Article 60 – paragraph 1
Article 60 – paragraph 1
1. The Commission shall, in collaboration with the Member States, set up and maintain a EU database containing information referred to in paragraph 2 concerning: a. high-risk AI systems referred to in Article 6(2) which are registered in accordance with Article 51(1); b. any AI system referred to in Article 52 paragraphs 1b and 2 which are registered in accordance with Article 51(1); c. any uses of high-risk AI systems referred to in Article 6(2)which are registered in accordance with Article 51(2); d. any uses of AI systems referred to in Article 52 paragraph1b and 2 which are registered in accordance with Article 51(2); e. any uses of AI systems by or on behalf of public authorities registered in accordance with Article 51(3).
Amendment 609 #
2021/0106(COD)
Proposal for a regulation
Article 60 – paragraph 2
Article 60 – paragraph 2
2. The data listed in Annex VIII shall be entered into the EU database by the providers and users. The Commission shall provide them with technical and administrative support. The following information should be included in the EU database: (a) For registrations according to paragraph 1(a) and 1(b), the data listed in Annex VIII point 1 shall be entered into the EU database by the providers. (b) For registrations according to paragraph 1(c), 1(d) and 1(e), the data listed in Annex VIII point 2 shall be entered into the EU database by the users.
Amendment 610 #
2021/0106(COD)
Proposal for a regulation
Article 60 – paragraph 3
Article 60 – paragraph 3
3. Information contained in the EU database shall be accessible to the public, comply with the accessibility requirements of Annex I to Directive 2019/882, and be user-friendly, navigable, and machine- readable, containing structured digital data based on a standardised protocol.
Amendment 611 #
2021/0106(COD)
Proposal for a regulation
Article 60 – paragraph 4
Article 60 – paragraph 4
4. The EU database shall contain personal data only insofar as necessary for collecting and processing information in accordance with this Regulation. That information shall include the names and contact details of natural persons who are responsible for registering the system and have the legal authority to represent the provider or the user.
Amendment 612 #
2021/0106(COD)
Proposal for a regulation
Article 60 – paragraph 5
Article 60 – paragraph 5
5. The Commission shall be the controller of the EU database. It shall also ensure to providers and users adequate technical and administrative support, in particular in relation to registrations according to paragraph 1(e).
Amendment 616 #
2021/0106(COD)
Proposal for a regulation
Recital 42
Recital 42
(42) To mitigate the risks from high-risk AI systems placed or otherwise put into service on the Union market for users and affected persons, certain mandatory requirements should apply, taking into account the intended purpose of thr reasonably foreseeable use of the system and according to the risk management system to be established by the provider.
Amendment 617 #
2021/0106(COD)
Proposal for a regulation
Recital 42
Recital 42
(42) To mitigate the risks from high-risk AI systems placed or otherwise put into service on the Union market for users and affected persons, certain mandatory requirements should apply, taking into account the intended purpose of thforeseeable uses of the system and according to the risk management system to be established by the provider.
Amendment 619 #
2021/0106(COD)
Proposal for a regulation
Article 65 – paragraph 1
Article 65 – paragraph 1
1. AI systems presenting a risk shall be understood as a product presenting a risk defined in Article 3, point 19 of Regulation (EU) 2019/1020 insofar as risks to the health or safety or to the protection of fundamental rights of persons are concerned. in general, including safety in the workplace, protection of consumers, the environment, or to the protection of fundamental rights of persons are concerned, including autonomy of choice, access to goods and services, unfair discrimination and economic harm, privacy and data protection, as well as societal risks.
Amendment 620 #
2021/0106(COD)
Proposal for a regulation
Article 65 – paragraph 2 – introductory part
Article 65 – paragraph 2 – introductory part
2. Where the market surveillance authority of a Member State has sufficient reasons to consider that an AI system presents a risk as referred to in paragraph 1, they shall carry out an evaluation of the AI system concerned in respect of its compliance with all the requirements and obligations laid down in this Regulation. When risks to the protection of fundamental rights are present, the market surveillance authority shall also inform the Board and the relevant national public authorities or bodies referred to in Article 64(3). The relevant operators shall cooperate as necessary with the market surveillance authorities and the other national public authorities or bodies referred to in Article 64(3).
Amendment 620 #
2021/0106(COD)
Proposal for a regulation
Recital 43
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, 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.
Amendment 621 #
2021/0106(COD)
Proposal for a regulation
Article 66 – paragraph 1
Article 66 – paragraph 1
1. Where, within three months of receipt of the notification referred to in Article 65(5), objections are raised by the European Parliament or a Member State against a measure taken by another Member State, or where the Commission considers the measure to be contrary to Union law, or has sufficient reasons to believe that an AI system presents a risk or affects consumers in more than one Member State the Commission shall without delay enter into consultation with the relevant Member State and operator or operators and shall evaluate the national measure. On the basis of the results of that evaluation, the Commission shall decide whether the national measure is justified or not within 9 months from the notification referred to in Article 65(5) and notify such decision to the Member State concerned.
Amendment 621 #
2021/0106(COD)
Proposal for a regulation
Recital 43
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, as applicable in the light of the intended purpoforeseeable uses of the system, and no other less trade restrictive measures are reasonably available, thus avoiding unjustified restrictions to trade.
Amendment 622 #
2021/0106(COD)
Proposal for a regulation
Article 66 – paragraph 3
Article 66 – paragraph 3
3. Where the national measure is considered justified and the non- compliance of the AI system is attributed to shortcomings in the harmonised standards or common specifications referred to in Articles 40 and 41 of this Regulation, the Commission shall apply the procedure provided for in Article 11 of Regulation (EU) No 1025/2012.The Commission shall also have the possibility to suggest alternative measures to the Member State concerned.
Amendment 626 #
2021/0106(COD)
Proposal for a regulation
Recital 44
Recital 44
(44) High data quality is essential for the performance of many AI systems, especially when techniques involving the training of models are used, with a view to ensure that the high-risk AI system performs as intended and safely and it does not become the source of discrimination prohibited by Union law. High quality training, validation and testing data sets require the implementation of appropriate data governance and management practices. Training, validation and testing data sets should be sufficiently relevant, representative and free of errors and complete in view of the intended purpoforeseeable uses of the system. They should also have the appropriate statistical properties, including as regards the persons or groups of persons on which the high-risk AI system is intended to be used. In particular, training, validation and testing data sets should take into account, to the extent required in the light of their intended purpoforeseeable uses, the features, characteristics or elements that are particular to the specific geographical, behavioural or functional setting or context within which the AI system is intended to be used. In order to protect the right of others from the discrimination that might result from the bias in AI systems, the providers shouldbe able to process also special categories of personal data, as a matter of substantial public interest, in order to ensure the bias monitoring, detection and correction in relation to high- risk AI systems.
Amendment 627 #
2021/0106(COD)
Proposal for a regulation
Recital 44
Recital 44
(44) High data quality is essential for the performance of many AI systems, especially when techniques involving the training of models are used, with a view to ensure that the high-risk AI system performs as intended and safely and it does not become the source of discrimination prohibited by Union law. High quality training, validation and testing data sets require the implementation of appropriate data governance and management practices. Training, validation and testing data sets should be sufficiently relevant, representative and free of errors and complete in view of the intended purpose or reasonably foreseeable use of the system. They should also have the appropriate statistical properties, including as regards the persons or groups of persons on which the high-risk AI system is intended to be used. In particular, training, validation and testing data sets should take into account, to the extent required in the light of their intended purpose or reasonably foreseeable use , the features, characteristics or elements that are particular to the specific geographical, behavioural or functional setting or context within which the AI system is intended or foreseeable to be used. In order to protect the right of others from the discrimination that might result from the bias in AI systems, the providers should be able to process also special categories of personal data, as a matter of substantial public interest, in order to ensure the bias monitoring, detection and correction in relation to high- risk AI systems.
Amendment 636 #
2021/0106(COD)
(aa) AI systems intended to be used to make inferences on the basis of biometric data, including emotion recognition systems, or biometrics-based data, including speech patterns, tone of voice, lip-reading and body language analysis, that produces legal effects or affects the rights and freedoms of natural persons.
Amendment 642 #
2021/0106(COD)
Proposal for a regulation
Annex III – paragraph 1 – point 5 – point b
Annex III – paragraph 1 – point 5 – point b
Amendment 645 #
2021/0106(COD)
Proposal for a regulation
Annex III – paragraph 1 – point 5 – point c a (new)
Annex III – paragraph 1 – point 5 – point c a (new)
(ca) AI systems intended for making individual risk assessments of natural persons in the context of access to private and public services, including determining the amounts of insurance premiums.
Amendment 646 #
2021/0106(COD)
Proposal for a regulation
Annex III – paragraph 1 – point 5 – point c b (new)
Annex III – paragraph 1 – point 5 – point c b (new)
(cb) AI systems intended for or used in the context of payment and debt collection services.
Amendment 647 #
2021/0106(COD)
Amendment 648 #
2021/0106(COD)
Proposal for a regulation
Annex III – paragraph 1 – point 6 – point b
Annex III – paragraph 1 – point 6 – point b
Amendment 649 #
2021/0106(COD)
Proposal for a regulation
Annex III – paragraph 1 – point 6 – point e
Annex III – paragraph 1 – point 6 – point e
Amendment 650 #
2021/0106(COD)
Proposal for a regulation
Annex III – paragraph 1 – point 7 – point a
Annex III – paragraph 1 – point 7 – point a
Amendment 651 #
2021/0106(COD)
Proposal for a regulation
Annex III – paragraph 1 – point 7 – point d
Annex III – paragraph 1 – point 7 – point d
Amendment 651 #
2021/0106(COD)
Proposal for a regulation
Recital 51
Recital 51
(51) Cybersecurity plays a crucial role in ensuring that AI systems are resilient against attempts to alter their use, behaviour, performance or compromise their security properties by malicious third parties exploiting the system’s vulnerabilities. Cyberattacks against AI systems can leverage AI specific assets, such as training data sets (e.g. data poisoning) or trained models (e.g. adversarial attacks), or exploit vulnerabilities in the AI system’s digital assets or the underlying ICT infrastructure. To ensure a level of cybersecurity appropriate to the risks, suitable measures should therefore be taken by the providers of high-risk AI systems, as well as the notified bodies, competent national authorities and market surveillance authorities, also taking into account as appropriate the underlying ICT infrastructure.
Amendment 658 #
2021/0106(COD)
Proposal for a regulation
Annex VIII
Annex VIII
Amendment 659 #
2021/0106(COD)
Proposal for a regulation
Annex VIII – title
Annex VIII – title
INFORMATION TO BE SUBMITTED UPON THE REGISTRATION OF HIGH- RISK AI SYSTEMS, USES THEREOF, AND USES OF AI SYSTEMS BY PUBLIC AUTHORITIES IN ACCORDANCE WITH ARTICLE 51
Amendment 660 #
2021/0106(COD)
Proposal for a regulation
Annex VIII – paragraph 1
Annex VIII – paragraph 1
1 The following information shall be provided and thereafter kept up to date by the provider with regard to high-risk AI systems to be registered in accordance with Article 51. referred to in Article 6(2)and to any AI system referred to in Article 52 1(b) and (2) to be registered in accordance with Article 51 (1): (a) Name, address and contact details of the provider; (b) Where submission of information is carried out by another person on behalf of the provider, the name, address and contact details of that person; (c) Name, address and contact details of the authorised representative, where applicable; (d) AI system trade name and any additional unambiguous reference allowing identification and traceability of the AI system; (e) Description of the intended purpose of the AI system;(f) Status of the AI system (on the market, or in service; no longer placed on the market/in service, recalled); (g) Type, number and expiry date of the certificate issued by the notified body and the name or identification number of that notified body, when applicable; (h) A scanned copy of the certificate referred to in point 7,when applicable; (i) Member States in which the AI system is or has been placed on the market, put into service or made available in the Union; (j) A copy of the EU declaration of conformity referred to in Article 48; (k) Electronic instructions for use as listed in Article 13(3) and basic explanation of the general logic and key design as listed in Annex IV point 2(b) and of optimization choices as listed in Annex IV point (3). (l) Assessment of the environmental impact, including but not limited to resource consumption, resulting from the design, data management and training, and underlying infrastructures of the AI system, and of the methods to reduce such impact; (m) A description of how the system meets the relevant accessibility requirements of Annex I to Directive 2019/882. (n) URL for additional information (optional).
Amendment 661 #
2021/0106(COD)
Proposal for a regulation
Annex VIII – paragraph 1 a (new)
Annex VIII – paragraph 1 a (new)
Amendment 662 #
2021/0106(COD)
Proposal for a regulation
Annex VIII – paragraph 1 b (new)
Annex VIII – paragraph 1 b (new)
3. The following information shall be provided and thereafter kept up to date by the user with regard to uses of AI systems by public authorities to be registered in accordance with Article 51(3): (a) Name, address and contact details of the user; (b) Where submission of information is carried out by another person on behalf of the user, the name, address and contact details of that person; (c) Name, address and contact details of the authorised representative, where applicable; (d) For high-risk AI systems, URL of the entry of the AI system in the EU database by its provider, or, for non-high risk systems, AI system trade name and any additional unambiguous reference allowing identification and traceability of the AI system; (e) Description of the intended purpose of the intended use of the AI system; (f) Description of the context and the geographical and temporal scope of application, geographic and temporal, of the intended use of the AI system; (g) Basic explanation of design specifications of the system, namely the general logic of the AI system and of the algorithms; the key design choices including the rationale and assumptions made, also with regard to categories persons or groups of persons on which the system is intended to be used; the main classification choices; and what the system is designed to optimise for and the relevance of the different parameters. (h) Designation of persons foreseeably impacted by the intended use of the AI system; (i) If available, results of any impact assessment or due diligence process regarding the use of the AI system that the user has conducted; (j) Assessment of the foreseeable impact on the environment, including but not limited to energy consumption, resulting from the use of the AI system over its entire lifecycle, and of the methods to reduce such impact; (k) A description of how the relevant accessibility requirements set out in Annex I to Directive 2019/882 are met by the use of the AI system.
Amendment 693 #
2021/0106(COD)
Proposal for a regulation
Recital 66
Recital 66
(66) In line with the commonly established notion of substantial modification for products regulated by Union harmonisation legislation, it is appropriate that an AI system undergoes a new conformity assessment whenever a change occurs which may affect the compliance of the system with this Regulation or when the intended purpose or reasonably foreseeable use of the system changes. In addition, as regards AI systems which continue to ‘learn’ after being placed on the market or put into service (i.e. they automatically adapt how functions are carried out), it is necessary to provide rules establishing that changes to the algorithm and its performance that have been pre-determined by the provider and assessed at the moment of the conformity assessment should not constitute a substantial modification.
Amendment 695 #
2021/0106(COD)
Proposal for a regulation
Recital 66
Recital 66
(66) In line with the commonly established notion of substantial modification for products regulated by Union harmonisation legislation, it is appropriate that an AI system undergoes a new conformity assessment whenever a change occurs which may affect the compliance of the system with this Regulation or when the intended purpoforeseeable uses of the system changes. In addition, as regards AI systems which continue to ‘learn’ after being placed on the market or put into service (i.e. they automatically adapt how functions are carried out), it is necessary to provide rules establishing that changes to the algorithm and its performance that have been pre-determined by the provider and assessed at the moment of the conformity assessment should not constitute a substantial modification.
Amendment 702 #
2021/0106(COD)
Proposal for a regulation
Recital 69
Recital 69
(69) In order to facilitate the work of the Commission and the Member States in the artificial intelligence field as well as to increase the transparency towards the public, providers and users of high-risk AI systems other than those related to products falling within the scope of relevant existing Union harmonisation legislation, should be required to register their high-risk AI system or the use thereof in a EU database, to be established and managed by the Commission. Certain AI systems listed in Article 52 (1b) and (2) and uses thereof shall be registered in the EU database. In order to facilitate this, users shall request information listed in Annex VIII point 2(g) from providers of AI systems. Any uses of AI systems by public authorities or on their behalf shall also be registered in the EU database. In order to facilitate this, public authorities shall request information listed in Annex VIII point 3(g) from providers of AI systems. The Commission should be the controller of that database, in accordance with Regulation (EU) 2018/1725 of the European Parliament and of the Council55 . In order to ensure the full functionality of the database, when deployed, the procedure for setting the database should include the elaboration of functional specifications by the Commission and an independent audit report. _________________ 55 Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 4.5.2016, p. 1)In order to maximise the availability and use of the database by the public, the database, including the information made available through it, should comply with requirements under the European Accessibility Act.
Amendment 703 #
2021/0106(COD)
Proposal for a regulation
Recital 69
Recital 69
(69) In order to facilitate the work of the Commission and the Member States in the artificial intelligence field as well as to increase the transparency towards the public, providers and users of high-risk AI systems other than those related to products falling within the scope of relevant existing Union harmonisation legislation, should be required to register their high-risk AI system or the use thereof in a EU database, to be established and managed by the Commission. The Commission should be the controller of that database, in accordance with Regulation (EU) 2018/1725 of the European Parliament and of the Council55 . In order to ensure the full functionality of the database, when deployed, the procedure for setting the database should include the elaboration of functional specifications by the Commission and an independent audit report. In order to maximise the availability and use of the database by the public, the database, including the information made available through it, should comply with requirements under the European Accessibility Act. _________________ 55 Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 4.5.2016, p. 1).
Amendment 718 #
2021/0106(COD)
Proposal for a regulation
Recital 71
Recital 71
(71) Artificial intelligence is a rapidly developing family of technologies that requires novel forms of regulatory oversight and a safe and fully controlled space for experimentation, while ensuring responsible innovation and integration of appropriate ethical safeguards and risk mitigation measures. To ensure a legal framework that is innovation-friendly, future-proof and resilient to disruption, national competent authorities from one or more Member States should be encouraged to establish artificial intelligence regulatory sandboxes to facilitate the development and testing of innovative AI systems under strict regulatory oversight before these systems are placed on the market or otherwise put into service. Regulatory sandboxes involving activities that may impact health, safety and fundamental rights, democracy and the rule of law or the environment should be developed in accordance with redress-by-design principles. Any significant risks identified during the development and testing of such systems should result in immediate mitigation and, failing that, in the suspension of the development and testing process until such mitigation takes place. The legal basis of such sandboxes should comply with the requirements established in the existing data protection framework and should be consistent with the Charter of fundamental rights of the European Union.
Amendment 725 #
2021/0106(COD)
Proposal for a regulation
Recital 72
Recital 72
(72) The objectives of the regulatory sandboxes should be to foster AI innovation by establishing a strictly 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, as well as with the Charter of Fundamental Rights of the European Union and the General Data Protection Regulation; to enhance legal certainty for innovators and the competent authorities’ oversight and understanding of the opportunities, emerging risks and the impacts of AI use, andto provide safeguards needed to build trust and reliance on AI systems, to accelerate access to markets, including by removing barriers for the public sector, small and medium enterprises (SMEs) and start-ups; and to contribute to the development of ethical, socially responsible and environmentally sustainable AI systems. 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.
Amendment 736 #
2021/0106(COD)
Proposal for a regulation
Recital 74
Recital 74
(74) In order to minimise the risks to implementation resulting from lack of knowledge and expertise in the market as well as to facilitate compliance of providers and notified bodies with their obligations under this Regulation, the AI- on demand platform, the European Digital Innovation Hubs and the Testing and Experimentation Facilities established by the Commission and the Member States at national or EU level should possib, as well as the ENISA, the EU Agency for Fundamental Rights, EIGE, and the European Data Protection Supervisor should constantly contribute to the implementation of this Regulation. Within their respective mission and fields of competence, they may provide in particular technical and scientific support to providers and notified bodies.
Amendment 766 #
2021/0106(COD)
(84 a) Union legislation on the protection of whistleblowers (Directive (EU) 2019/1937) has full application to academics, designers, developers, project contributors, auditors, product managers, engineers and economic operators acquiring information on breaches of Union law by a provider of AI system or its AI system, even if they are not explicitly mentioned in Article 4(1)a-4(1)d of that Directive.
Amendment 768 #
2021/0106(COD)
Proposal for a regulation
Recital 84 b (new)
Recital 84 b (new)
(84 b) Union legislation on consumer protection(notably Directives (EU) 2019/2161, 2005/29/EC,2011/83/EU) applies to AI systems to the extent determined in these legislations, regardless of whether these systems are categorized as high-risk.
Amendment 781 #
2021/0106(COD)
Proposal for a regulation
Article 1 – paragraph -1 (new)
Article 1 – paragraph -1 (new)
-1 The purpose of this Regulation is to ensure a high level of protection of health, safety, fundamental rights and the environment, from harmful effects of artificial intelligence systems ("AI systems") in the Union, while enhancing innovation.
Amendment 788 #
2021/0106(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point a
Article 1 – paragraph 1 – point a
(a) harmonised rules for the development, placing on the market, the putting into service and the use of artificial intelligence systems (‘AI systems’) in the Union;
Amendment 809 #
2021/0106(COD)
Proposal for a regulation
Article 1 – paragraph 1 a (new)
Article 1 – paragraph 1 a (new)
The purpose of this Regulation is to ensure protection of health, safety, fundamental rights and the environment, from harmful effects of artificial intelligence systems in the Union, while supporting innovation.
Amendment 810 #
2021/0106(COD)
Proposal for a regulation
Article 1 – paragraph 1 a (new)
Article 1 – paragraph 1 a (new)
These provisions shall apply to AI systems as a product, service or practice, or as part of a product, service or practice.
Amendment 812 #
2021/0106(COD)
Proposal for a regulation
Article 1 – paragraph 1 b (new)
Article 1 – paragraph 1 b (new)
This Regulation is based on the principle that it is for developers, importers, distributors and downstream users to ensure that they develop, place on the market or use artificial intelligence that does not adversely affect health, safety, fundamental rights, and the environment. Its provisions are underpinned by the precautionary principle.
Amendment 813 #
2021/0106(COD)
Proposal for a regulation
Article 1 – paragraph 1 b (new)
Article 1 – paragraph 1 b (new)
This Regulation is based on the principle that it is for developers, importers, distributors and downstream users to ensure that they develop, place on the market or use artificial intelligence that does not adversely affect health, safety, fundamental rights, or the environment. Its provisions are underpinned by the precautionary principle.
Amendment 814 #
2021/0106(COD)
Proposal for a regulation
Article 1 – paragraph 1 c (new)
Article 1 – paragraph 1 c (new)
Any processing of personal data for the purposes of this Regulation shall take place in accordance with Union legislation for the protection of personal data, in particular Regulation 2016/679, Directive 2016/680, Regulation 2018/1725 and Directive 2002/58.
Amendment 817 #
2021/0106(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point a a (new)
Article 2 – paragraph 1 – point a a (new)
(a a) providers of AI systems that have their main establishment in the EU;
Amendment 823 #
2021/0106(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point b a (new)
Article 2 – paragraph 1 – point b a (new)
(b a) natural persons affected by the use of AI systems;
Amendment 839 #
2021/0106(COD)
Proposal for a regulation
Article 2 – paragraph 1 a (new)
Article 2 – paragraph 1 a (new)
1 a. This Regulation shall also apply to Union institutions, offices and agencies where they develop, deploy or otherwise make use of AI systems.
Amendment 873 #
2021/0106(COD)
Proposal for a regulation
Article 2 – paragraph 3 a (new)
Article 2 – paragraph 3 a (new)
3 a. Any exemptions from the application of this Act to AI systems used exclusively by Member States for national security purposes will be without prejudice to the application of Union law to any activity carried out by the Union or by a Member State that is subject to Union law.
Amendment 880 #
2021/0106(COD)
Proposal for a regulation
Article 2 – paragraph 4
Article 2 – paragraph 4
Amendment 885 #
2021/0106(COD)
Proposal for a regulation
Article 2 – paragraph 5 a (new)
Article 2 – paragraph 5 a (new)
5 a. The use of any AI-system that is in line with this Regulation, should also continue to comply with the European Charter on Fundamental Rights, secondary Union law and national law. This Regulation shall not provide the legal ground for unlawful AI development, deployment or use.
Amendment 886 #
2021/0106(COD)
Proposal for a regulation
Article 2 – paragraph 5 a (new)
Article 2 – paragraph 5 a (new)
5 a. An AI-system or practice that is in line with this Regulation, should also continue to comply with the European Charter on Fundamental Rights, existing and new secondary Union law and national law.
Amendment 894 #
2021/0106(COD)
Proposal for a regulation
Article 2 – paragraph 5 b (new)
Article 2 – paragraph 5 b (new)
5 b. Member States may adopt or maintain in force more stringent provisions, compatible with the Treaty in the field covered by this Directive, to ensure a higher level of protection of health, safety and fundamental rights.
Amendment 896 #
2021/0106(COD)
Proposal for a regulation
Article 2 – paragraph 5 b (new)
Article 2 – paragraph 5 b (new)
5 b. This Regulation shall be without prejudice to Regulation (EU) 2016/679.
Amendment 900 #
2021/0106(COD)
Proposal for a regulation
Article 2 – paragraph 5 d (new)
Article 2 – paragraph 5 d (new)
5 d. This Regulation shall be without prejudice to national labour law and practice, that is any legal or 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
Amendment 901 #
2021/0106(COD)
Proposal for a regulation
Article 2 – paragraph 5 e (new)
Article 2 – paragraph 5 e (new)
5 e. This Regulation shall not in any way affect the exercise of fundamental rights as recognised 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 does it affect the right to negotiate, to conclude and enforce collective agreements, or to take collective action in accordance with national law and/or practice.
Amendment 919 #
2021/0106(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 1
Article 3 – paragraph 1 – point 1
(1) ‘artificial intelligence system’ (AI system) means software that is developed with one or more of the techniques and approaches listed in Annex I and can, for a given set of human-defined objectives, generate outputs such as content, predictions, recommendations, or decisions influencing the environments they interact with;
Amendment 943 #
2021/0106(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 4
Article 3 – paragraph 1 – point 4
(4) ‘user’ means any natural or legal person, data subject, public authority, agency or other body using an AI system under its authority and on its own responsibility, except where the AI system is used in the course of a personal non- professional activity;
Amendment 970 #
2021/0106(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 12 a (new)
Article 3 – paragraph 1 – point 12 a (new)
(12 a) ‘foreseeable uses’ means uses that can reasonably be expected to be made of an AI system, including but not limited to the use for which the AI system is intended for consumers or the likely use by consumers under reasonably foreseeable conditions;
Amendment 971 #
2021/0106(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 12 a (new)
Article 3 – paragraph 1 – point 12 a (new)
(12 a) 'reasonably foreseeable use' means the use of an AI system in a way that is or should be reasonably foreseeable;
Amendment 985 #
2021/0106(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 14
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 direct or indirect safety function for that product or system or the failure or malfunctioning of which endangers the health and safety of persons or property;
Amendment 1014 #
2021/0106(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 29
Article 3 – paragraph 1 – point 29
(29) ‘training data’ means data used for training an AI system through fittingo fit its learnable parameters, including the weights of a neural network;
Amendment 1016 #
2021/0106(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 30
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 param. The process evaluates whethers and the model its learning process, among other things, in order to prevent overfitting; whereasunder-fitted or overfitted; The validation dataset should be a separate dataset of the training set for the evaliduation dataset can be a separate dataset or part of the training dataset, either as a fixed or variable split;to be unbiased. If there is only one available dataset, this is divided into two parts, a training set and a validation set. Both sets should still comply with Article 10(3) to ensure appropriate data governance and management practices.
Amendment 1020 #
2021/0106(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 31
Article 3 – paragraph 1 – point 31
(31) ‘testing data’ means data used for providing an independent evaluation of the trained and validated AI system in order to confirm the expected performance of that system before its placing on the market or putting into service;. Similar to Article 3(30), the testing dataset should be a separate dataset from the training set and validation set. This set should also comply with Article 10(3) to ensure appropriate data governance and management practices.
Amendment 1025 #
2021/0106(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 33 a (new)
Article 3 – paragraph 1 – point 33 a (new)
(33 a) ‘biometrics-based data’ means data resulting from specific technical processing relating to physical, physiological or behavioural signals of a natural person which may or may not allow or confirm the unique identification of a natural person;
Amendment 1026 #
2021/0106(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 33 a (new)
Article 3 – paragraph 1 – point 33 a (new)
(33 a) ‘biometrics-based data’ means data resulting from specific technical processing relating to physical, physiological or behavioural signals of a natural person which may or may not allow or confirm the unique identification of a natural person
Amendment 1031 #
2021/0106(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 34
Article 3 – paragraph 1 – point 34
(34) ‘emotion recognition system’ means an AI system for the purpose of identifying or inferring emotions, thoughts, states of mind (such as ‘deception’, ‘trustworthiness’ or ‘truthfulness’) or intentions of natural persons on the basis of their biometric data or other biometrics-based data;
Amendment 1032 #
2021/0106(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 34
Article 3 – paragraph 1 – point 34
(34) ‘emotion recognition system’ means an AI system for the purpose of identifying or inferring emotions , thoughts, states of mind (such as ‘deception’, ‘trustworthiness’ or ‘truthfulness’)or intentions of natural persons on the basis of their biometric data or biometrics-based data;
Amendment 1043 #
2021/0106(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 35
Article 3 – paragraph 1 – point 35
(35) ‘biometric categorisation system’ means an AI system that uses biometric or biometrics-based data for the purpose of assigning natural persons to specific categories, such as sex, age, hair colour, eye colour, tattoos, ethnic origin or sexual or political orientation, on the basis of their biometric dataor inferring their characteristics and attributes ;
Amendment 1045 #
2021/0106(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 35
Article 3 – paragraph 1 – point 35
(35) ‘biometric categorisation system’ means an AI system for the purpose of assigning natural persons to specific categories, such as sex, age, hair colour, eye colour, tattoos, ethnic origin or sexual or political orientation, or inferring their characteristics and attributes on the basis of their biometric data or biometrics-based data;
Amendment 1054 #
2021/0106(COD)
(36) ‘remote biometric identification system’ means an AI system for the purposcapable of identifying natural persons at a distance through the comparison of a person’s biometric data with the biometric data contained in a reference database, and without prior knowledge of the user of the AI system whether the person will be present and can be identified ;
Amendment 1058 #
2021/0106(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 36
Article 3 – paragraph 1 – point 36
(36) ‘remote biometric identification system’ means an AI system for the purposcapable of identifying natural persons at a distance through the comparison of a person’s biometric data with the biometric data contained in a reference database, and without prior knowledge of the user of the AI system whether the person will be present and can be identified or data repository;
Amendment 1072 #
2021/0106(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 40 – point a a (new)
Article 3 – paragraph 1 – point 40 – point a a (new)
(a a) any other authority competent for law enforcement, including courts and the judiciary;
Amendment 1074 #
2021/0106(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 41
Article 3 – paragraph 1 – point 41
(41) ‘law enforcement’ means i) activities carried out by law enforcement authorities for the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, including the safeguarding against and the prevention of threats to public security; and ii) activities carried out by any other authority that is part of the criminal justice system, including the judiciary;
Amendment 1086 #
2021/0106(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 44 – point a
Article 3 – paragraph 1 – point 44 – point a
(a) the death of a person or serious damage to a person’s healthphysical health, mental health or wellbeing, to property or the environment,
Amendment 1090 #
2021/0106(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 44 – point a a (new)
Article 3 – paragraph 1 – point 44 – point a a (new)
(a a) a breach of fundamental rights defined by The Charter of Fundamental Rights of the European Union;
Amendment 1091 #
2021/0106(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 44 – point a b (new)
Article 3 – paragraph 1 – point 44 – point a b (new)
(a b) systematic, mass or serious breach of other rights;
Amendment 1092 #
2021/0106(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 44 – point a c (new)
Article 3 – paragraph 1 – point 44 – point a c (new)
(a c) damage to democracy, the rule of law or the environment
Amendment 1096 #
2021/0106(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 44 – point b a (new)
Article 3 – paragraph 1 – point 44 – point b a (new)
(b a) breach of obligations under Union law intended to protect personal data
Amendment 1105 #
2021/0106(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 44 a (new)
Article 3 – paragraph 1 – point 44 a (new)
Amendment 1106 #
2021/0106(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 44 a (new)
Article 3 – paragraph 1 – point 44 a (new)
(44 a) scientific research and development means: any scientific development, experimentation, analysis, testing or validation carried out under controlled conditions.
Amendment 1108 #
2021/0106(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 44 b (new)
Article 3 – paragraph 1 – point 44 b (new)
(44 b) ‘social scoring’ means the evaluation or categorisation of EU citizens based on their behavior or (personality) characteristics, where one or more of the following conditions apply: (i) the information is not reasonably relevant for the evaluation or categorisation; (ii) the information is generated or collected in another domain than that of the evaluation or categorisation; (iii) the information is not necessary for or proportionate to the evaluation or categorisation; (iv) the information contains or reveals special categories of personal data.
Amendment 1109 #
2021/0106(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 44 b (new)
Article 3 – paragraph 1 – point 44 b (new)
Amendment 1116 #
2021/0106(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 44 c (new)
Article 3 – paragraph 1 – point 44 c (new)
(44 c) ‘affectee(s)’ mean(s) any natural or legal person or group of natural or legal persons affected by the use or outcomes of, or a combination of, AI system(s);
Amendment 1119 #
2021/0106(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 44 c (new)
Article 3 – paragraph 1 – point 44 c (new)
(44 c) “child” is any person under the age of 18.
Amendment 1120 #
2021/0106(COD)
(44 d) ‘artificial intelligence system within determinate uses’ means an artificial intelligence system without specific and limited provider-defined purposes;
Amendment 1122 #
2021/0106(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 44 e (new)
Article 3 – paragraph 1 – point 44 e (new)
(44 e) 'deep fake' means generated or manipulated image, audio or video content produced by an AI system that appreciably resembles existing persons, objects, places or other entities or events and falsely appears to a person to be authentic or truthful;
Amendment 1125 #
2021/0106(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 44 f (new)
Article 3 – paragraph 1 – point 44 f (new)
Amendment 1159 #
2021/0106(COD)
(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 materiallyed, aimed at, or used for manipulation, deception or distorting a person’s behaviour or exploit a person’s characteristics, in a manner that causes, or is likely to cause, harm to: (i) that person or’s, another person physical or psychological harm’s or group of persons’ fundamental rights, including their physical or psychological health and safety, and/or (ii) democracy, the rule of law, or society at large;
Amendment 1162 #
2021/0106(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point a
Article 5 – paragraph 1 – point a
(a) the placing on the market, putting into service or use of an AI system that deploys manipulative, including 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;
Amendment 1175 #
2021/0106(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point b
Article 5 – paragraph 1 – point b
(b) the placing on the market, putting into service or use of an AI system that exploits any of the vulnerabilicharacteristiecs of a specific group of persons due to their age, physical or mental disability,gender, ethnic origin, sexual orientation, disability, or any other biological, physical, physiological, behavioural or social characteristics that results in a detrimental, unfavourable, or discriminatory treatment vis-à-vis persons without those characteristics, or that is used 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 or material harm;
Amendment 1187 #
2021/0106(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point c – introductory part
Article 5 – paragraph 1 – point c – introductory part
(c) tThe placing on the market, putting into service or use of AI systems by 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:or on behalf of public authorities or by private actors for the purpose of social scoring.
Amendment 1193 #
2021/0106(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point c – introductory part
Article 5 – paragraph 1 – point c – introductory part
(c) the placing on the market, putting into service or use of AI systems by public authorities 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:r groups thereof relating to their education, employment, housing, socio-economic situation, health, reliability, social behaviour, location or movements.
Amendment 1205 #
2021/0106(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point c – point i
Article 5 – paragraph 1 – point c – point i
Amendment 1216 #
2021/0106(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point c – point ii
Article 5 – paragraph 1 – point c – point ii
Amendment 1238 #
2021/0106(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point d – introductory part
Article 5 – paragraph 1 – point d – introductory part
(d) the use of ‘real-time’placing or making available on the market or putting into service of remote biometric identification systems that are or may be used in publicly- accessible spaces for the purpose of law enforcement, unless and in as far as such use is strictly necessary for one of the following objectiv, as well as online spaces, and the use of remote biometric identification systems in publicly accessible spaces:;
Amendment 1276 #
2021/0106(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point d – point iii
Article 5 – paragraph 1 – point d – point iii
Amendment 1278 #
2021/0106(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point d – point iii
Article 5 – paragraph 1 – point d – point iii
Amendment 1283 #
2021/0106(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point d a (new)
Article 5 – paragraph 1 – point d a (new)
(d a) the placing on the market, putting into service or use of: (i) AI systems intended to be used for the purpose of determining access or assigning natural persons to educational and vocational training institutions; (ii) AI systems intended to be used for the purpose of assessing students in educational and vocational training institutions. (iii) AI systems intended to be used for recruitment or selection of natural persons, notably for advertising vacancies, screening or filtering applications, evaluating candidates in the course of interviews or tests; (iv) AI systems intended to be used for making decisions on promotion and termination of work-related contractual relationships, for task allocation and for monitoring and evaluating performance and behavior of persons in such relationships. (v) AI systems intended to be used by public authorities, private entities or on their behalf to evaluate the eligibility of natural persons for public assistance benefits and services, essential private services, as well as to grant, reduce, revoke, or reclaim such benefits and services; (vi) 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; (vii) AI systems intended to be used by competent authorities for migration, asylum and border control management 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; (viii) AI systems intended to be used by public authorities, including competent authorities for migration, asylum and border control management, as polygraphs and similar tools or to detect the emotional state of a natural person;
Amendment 1285 #
2021/0106(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point d a (new)
Article 5 – paragraph 1 – point d a (new)
(d a) AI systems intended to be used by law enforcement authorities for making individual risk assessments of natural persons in order to assess the risk of a natural person for offending or reoffending or the risk for potential victims of criminal offences;
Amendment 1293 #
2021/0106(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point d b (new)
Article 5 – paragraph 1 – point d b (new)
(d b) the placing on the market, putting into service or use of AI systems to infer emotions of a natural person, except for health or research purposes or other exceptional purposes, and subject to full regulatory review and with full and informed consent at all times.
Amendment 1294 #
2021/0106(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point d b (new)
Article 5 – paragraph 1 – point d b (new)
(d b) AI systems intended to be used by law enforcement authorities or other competent public authorities as polygraphs and similar tools or to detect the emotional state of a natural person;
Amendment 1301 #
2021/0106(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point d c (new)
Article 5 – paragraph 1 – point d c (new)
(d c) 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;
Amendment 1302 #
2021/0106(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point d c (new)
Article 5 – paragraph 1 – point d c (new)
(d c) AI systems intended to be used by law enforcement authorities for predicting the occurrence or reoccurrence of an actual or potential criminal offence based on profiling of natural persons as referred to in Article 3(4) of Directive (EU) 2016/680 or assessing personality traits and characteristics or past criminal behaviour of natural persons, groups, or locations;
Amendment 1309 #
2021/0106(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point d d (new)
Article 5 – paragraph 1 – point d d (new)
Amendment 1310 #
2021/0106(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point d d (new)
Article 5 – paragraph 1 – point d d (new)
(d d) AI systems intended to be used by law enforcement authorities for profiling of natural persons as referred to in Article 3(4) of Directive (EU) 2016/680 in the course of detection, investigation or prosecution of criminal offences;
Amendment 1312 #
2021/0106(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point d d (new)
Article 5 – paragraph 1 – point d d (new)
(d d) The use of private facial recognition or other private biometric databases for the purpose of law enforcement;
Amendment 1314 #
2021/0106(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point d e (new)
Article 5 – paragraph 1 – point d e (new)
(d e) AI systems intended to be used for crime analytics regarding natural persons, allowing law enforcement authorities to search complex related and unrelated large data sets available in different data sources or in different data formats in order to identify unknown patterns or discover hidden relationships in the data.
Amendment 1320 #
2021/0106(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point d f (new)
Article 5 – paragraph 1 – point d f (new)
(d f) The use of remote biometric identification in migration management, border surveillance and humanitarian aid.
Amendment 1321 #
2021/0106(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point d f (new)
Article 5 – paragraph 1 – point d f (new)
Amendment 1324 #
2021/0106(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point d g (new)
Article 5 – paragraph 1 – point d g (new)
(d g) the use of AI systems, by or on behalf of competent authorities 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 interdicting, curtailing or preventing migration or border crossings;
Amendment 1326 #
2021/0106(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point d g (new)
Article 5 – paragraph 1 – point d g (new)
(d g) the use of biometric categorisation systems in publicly-accessible spaces, workplaces (including in hiring processes), and educational settings;
Amendment 1327 #
2021/0106(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point d h (new)
Article 5 – paragraph 1 – point d h (new)
(d h) the placing on the market, putting into service or use of biometric categorisation systems, or other AI systems, that categorise natural persons according to sensitive or protected attributes or characteristics, or infer those attributes or characteristics, including: ◦ Sex ◦ Gender & gender identity ◦ Race ◦ Ethnic origin ◦ Membership of a national minority ◦ Migration or citizenship status ◦ Political orientation ◦ Social origin or class ◦ Language or dialect ◦ Trade union membership ◦ Sexual orientation ◦ Religion or philosophical orientation ◦ 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 General Data Protection Regulation
Amendment 1330 #
2021/0106(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point d h (new)
Article 5 – paragraph 1 – point d h (new)
(d h) The use of private facial recognition or other private biometric databases for the purpose of law enforcement;
Amendment 1331 #
2021/0106(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point d i (new)
Article 5 – paragraph 1 – point d i (new)
(d i) the use of AI systems by law enforcement authorities, criminal justice authorities, or other public authorities in conjunction with law enforcement and criminal justice authorities, to make predictions, profiles or risk assessments based on data analysis or profiling of natural persons [as referred to in Article 3(4) of Directive EU)2016/680], groups or locations, for the purpose of predicting the occurrence or reoccurrence of an actual or potential criminal offence(s) or other criminalised social behaviour.”
Amendment 1333 #
2021/0106(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point d i (new)
Article 5 – paragraph 1 – point d i (new)
(d i) The creation or expansion of facial recognition or other biometric databases through the untargeted or generalised scraping of biometric data from social media profiles or CCTV footage, or equivalent methods;
Amendment 1335 #
2021/0106(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point d j (new)
Article 5 – paragraph 1 – point d j (new)
(d j) the use of AI systems, by or on behalf of competent authorities 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 interdicting, curtailing or preventing migration or border crossings;
Amendment 1337 #
2021/0106(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point d j (new)
Article 5 – paragraph 1 – point d j (new)
(d j) the placing on the market, putting into service or use of ‘emotion recognition systems’;
Amendment 1338 #
2021/0106(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point d k (new)
Article 5 – paragraph 1 – point d k (new)
(d k) The use of AI systems by law enforcement and criminal justice authorities to make predictions, profiles or risk assessments for the purpose of predicting crime.
Amendment 1339 #
2021/0106(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point d k (new)
Article 5 – paragraph 1 – point d k (new)
Amendment 1341 #
2021/0106(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point d l (new)
Article 5 – paragraph 1 – point d l (new)
(d l) the placing on the market, putting into service or use of: (i) AI systems intended to be used for the purpose of determining access or assigning natural persons to educational and vocational training institutions; (ii) AI systems intended to be used for the purpose of assessing students in educational and vocational training institutions. (iii) AI systems intended to be used for recruitment or selection of natural persons, notably for advertising vacancies, screening or filtering applications, evaluating candidates in the course of interviews or tests; (iv) AI systems intended to be used for making decisions on promotion and termination of work-related contractual relationships, for task allocation and for monitoring and evaluating performance and behaviour of persons in such relationships; (v) AI systems intended to be used by public authorities, private entities or on their behalf to evaluate the eligibility of natural persons for public assistance benefits and services, essential private services, as well as to grant, reduce, revoke, or reclaim such benefits and services; (vi) AI systems intended to be used to evaluate the creditworthiness of natural persons or establish their credit score;
Amendment 1374 #
2021/0106(COD)
Proposal for a regulation
Article 5 – paragraph 3 – introductory part
Article 5 – paragraph 3 – introductory part
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 or online 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.
Amendment 1392 #
2021/0106(COD)
Proposal for a regulation
Article 5 – paragraph 4
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 or online 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.
Amendment 1403 #
2021/0106(COD)
Proposal for a regulation
Article 5 a (new)
Article 5 a (new)
Amendment 1404 #
2021/0106(COD)
Proposal for a regulation
Article 5 a (new)
Article 5 a (new)
Amendment 1406 #
2021/0106(COD)
Proposal for a regulation
Article 5 b (new)
Article 5 b (new)
Amendment 1407 #
2021/0106(COD)
Proposal for a regulation
Title II a (new)
Title II a (new)
Amendment 1416 #
2021/0106(COD)
Proposal for a regulation
Article 6 – paragraph 1 – introductory part
Article 6 – paragraph 1 – introductory part
1. Irrespective of whether an AI system is placed on the market or put into service independently from the products referred to in points (a) and (b), that AI system shall be considered high-risk where bothone of the following conditions are fulfilled:
Amendment 1421 #
2021/0106(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point a
Article 6 – paragraph 1 – point a
(a) the AI system is intended to be used as a safety component of a product, or is itself a product, covered by the Union harmonisation legislation listed in Annex IIthe failure or malfunctioning of which endangers the health, safety or fundamental rights of persons;
Amendment 1430 #
2021/0106(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point b
Article 6 – paragraph 1 – point b
(b) the product whose safety component as meant under (a) is the AI system, or the AI system itself as a product, is required to undergo a third- party conformity assessment with a view to the placing on the market or putting into service or use of that product pursuant to the Union harmonisation legislation listed in Annex II.
Amendment 1432 #
2021/0106(COD)
(b a) the AI system is used by a public authority.
Amendment 1434 #
2021/0106(COD)
Proposal for a regulation
Article 6 – paragraph 2
Article 6 – paragraph 2
2. In addition to the high-risk AI systems referred to in paragraph 1, AI systems referred to in Annex III shall also be consideredidentified as posing a risk to fundamental human rights as defined in the EU Charter of Fundamental Rights, in relation to a specific intended use shall also be considered high-risk. Such risk is to be determined by completion of a Human Rights Impact Assessment by the user of the AI in relation to the specific use intended for the AI system, with records of such assessment retained for regulatory inspection. The provider shall apply a precautionary principle and, in case of uncertainty over the AI system's classification, shall consider the AI system high-risk.
Amendment 1448 #
2021/0106(COD)
Proposal for a regulation
Article 6 – paragraph 2 a (new)
Article 6 – paragraph 2 a (new)
2 a. 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.
Amendment 1450 #
2021/0106(COD)
Proposal for a regulation
Article 6 – paragraph 2 b (new)
Article 6 – paragraph 2 b (new)
2 b. In addition to the high-risk AI systems referred to in paragraphs 1, AI systems that have over 20 million EU citizens across the EU or 50% of any given Member States’ population as active monthly users, or whose users have cumulatively over 20 million customers or beneficiaries in the EU affected by it shall be considered high-risk, unless these are placed onto the market.
Amendment 1453 #
2021/0106(COD)
Proposal for a regulation
Article 6 – paragraph 2 c (new)
Article 6 – paragraph 2 c (new)
2 c. In addition to the high-risk AI systems referred to in paragraph 1, AI systems affecting employees in the employment relationship or in matters of training or further education shall be considered high risk.
Amendment 1454 #
2021/0106(COD)
Proposal for a regulation
Article 6 – paragraph 2 d (new)
Article 6 – paragraph 2 d (new)
2 d. In addition to the high-risk AI systems referred to in paragraph 1, AI systems likely to interact with children shall be considered high-risk.
Amendment 1455 #
2021/0106(COD)
Proposal for a regulation
Article 6 – paragraph 2 e (new)
Article 6 – paragraph 2 e (new)
2 e. In addition to the high-risk AI systems referred to in paragraph 1, an artificial intelligence system with indeterminate uses shall also be considered high risk.
Amendment 1461 #
2021/0106(COD)
1. The Commission is empowered to adopt delegated acts in accordance with Article 73 to update the list in Annex III by adding high-risk AI systems where both of the following conditions are fulfilled:the following condition is fulfilled: the AI systems pose a risk of harm to health and safety, or a risk of adverse impact on fundamental rights, that is, in respect of its severity or probability of occurrence, equivalent to or greater than the risk of harm or of adverse impact associated with the high-risk AI systems already referred to in Annex III. Where an AI system is not intended to be used in any of the areas listed in points 1 to 8 of Annex III, the Commission is empowered to update the list of areas in Annex III by including new areas or extending the scope of existing areas.
Amendment 1469 #
2021/0106(COD)
Proposal for a regulation
Article 7 – paragraph 1 – introductory part
Article 7 – paragraph 1 – introductory part
1. The Commission is empowered to adopt delegated acts in accordance with Article 73 to update the list in Annex III by adding high-risk AI systems where both of the following conditions are fulfilled:.
Amendment 1470 #
2021/0106(COD)
Proposal for a regulation
Article 7 – paragraph 1 – introductory part
Article 7 – paragraph 1 – introductory part
1. The Commission is empowered to adopt delegated acts in accordance with Article 73 to update the list in Annex III by adding high-risk AI systems where botheither of the following conditions areis fulfilled:
Amendment 1472 #
2021/0106(COD)
Proposal for a regulation
Article 7 – paragraph 1 – point a
Article 7 – paragraph 1 – point a
Amendment 1478 #
2021/0106(COD)
Proposal for a regulation
Article 7 – paragraph 1 – point b
Article 7 – paragraph 1 – point b
Amendment 1482 #
2021/0106(COD)
Proposal for a regulation
Article 7 – paragraph 1 – point b
Article 7 – paragraph 1 – point b
(b) the AI systems pose a risk of harm to theeconomic harm, negative societal impacts or harm to the environment, health and safety, or a risk of adverse impact on fundamental rights, democracy and the rule of law, 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.
Amendment 1485 #
2021/0106(COD)
Proposal for a regulation
Article 7 – paragraph 1 – point b a (new)
Article 7 – paragraph 1 – point b a (new)
(b a) the AI systems pose a risk of harm to occupational health and safety, including psychosocial risks.
Amendment 1490 #
2021/0106(COD)
Proposal for a regulation
Article 7 – paragraph 2 – introductory part
Article 7 – paragraph 2 – introductory part
2. When assessing for the purposes of paragraph 1 whether an AI system poses a risk of harm to the health and safety or a risk of adverse impact on fundamental rights or on the environment, democracy and rule of law that is equivalent to or greater than the risk of harm posed by the high-risk AI systems already referred to in Annex III, the Commission shall take into account the followingconsult social partners and civil society and take into account, including but not limited to, the following non-cumulative criteria:
Amendment 1494 #
2021/0106(COD)
Proposal for a regulation
Article 7 – paragraph 2 – point a
Article 7 – paragraph 2 – point a
(a) the intended purpose of the AI system, or the reasonably foreseeable consequences of its use;
Amendment 1510 #
2021/0106(COD)
Proposal for a regulation
Article 7 – paragraph 2 – point c
Article 7 – paragraph 2 – point c
(c) the extent to which the use of an AI system has already caused harm to the health and safety or adverse impact on the fundamental rights or, democracy, rule of law and the environment has given rise to significant concerns in relation to the materialisation of such harm or adverse impact, as demonstrated by available reports or documented allegations submitted to national competent authorities;
Amendment 1513 #
2021/0106(COD)
(d) the potential extent of such harm or such adverse impact, in particular in terms of its intensity and its ability to affect a plurality of persons or on the environment or to affect a particular group of persons disproportionately;
Amendment 1528 #
2021/0106(COD)
Proposal for a regulation
Article 7 – paragraph 2 – point g
Article 7 – paragraph 2 – point g
(g) the extent to which the outcome produced with an AI system is not easily reversible, whereby outcomes having an impact on the health or safety of persons or on their fundamental rights shall not be considered as easily reversible;
Amendment 1540 #
2021/0106(COD)
Proposal for a regulation
Article 7 – paragraph 2 – point h – introductory part
Article 7 – paragraph 2 – point h – introductory part
(h) the extent to which existing Union legislation provides forlacks:
Amendment 1541 #
2021/0106(COD)
Proposal for a regulation
Article 7 – paragraph 2 – point h – point i
Article 7 – paragraph 2 – point h – point i
(i) effective measures of redress, the availability of redress-by-design mechanisms and procedures in relation to the risks posed by an AI system, with the exclusion of claims forincluding claims for material and non-material damages;
Amendment 1543 #
2021/0106(COD)
Proposal for a regulation
Article 7 – paragraph 2 – point h a (new)
Article 7 – paragraph 2 – point h a (new)
(h a) The general capabilities and functionalities of the AI system independent of its foreseeable use;
Amendment 1544 #
2021/0106(COD)
Proposal for a regulation
Article 7 – paragraph 2 – point h b (new)
Article 7 – paragraph 2 – point h b (new)
(h b) The extent of the availability and use of demonstrated technical solutions and mechanisms for the control, reliability and corrigibility of the AI system;
Amendment 1545 #
2021/0106(COD)
Proposal for a regulation
Article 7 – paragraph 2 – point h c (new)
Article 7 – paragraph 2 – point h c (new)
(h c) The potential misuse and malicious use of the AI system and of the technology underpinning it.
Amendment 1564 #
2021/0106(COD)
Proposal for a regulation
Article 8 – paragraph 2
Article 8 – paragraph 2
2. The intended purpoforeseeable uses and foreseeable misuses of AI systems with indeterminate uses 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.
Amendment 1568 #
2021/0106(COD)
Proposal for a regulation
Article 8 – paragraph 2
Article 8 – paragraph 2
2. The intended purpose or reasonably foreseeable use 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.
Amendment 1577 #
2021/0106(COD)
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. A risk management system shall be established, implemented, documented and maintained in relation to high-risk AI systems, throughout the entire lifecycle of the AI system.
Amendment 1580 #
2021/0106(COD)
Proposal for a regulation
Article 9 – paragraph 2 – introductory part
Article 9 – paragraph 2 – introductory part
2. The risk management system shall consist of a continuous iterative process run throughout the entire lifecycle of a high-risk AI system, requiring regular systematic updatingreview and updating, including when the high-risk AI system is subject to significant changes in its design or purpose. It shall comprise the following steps:
Amendment 1582 #
2021/0106(COD)
Proposal for a regulation
Article 9 – paragraph 2 – point a
Article 9 – paragraph 2 – point a
(a) identification and analysis of the known and the reasonably foreseeable risks associated with each high-risk AI system;that the high-risk AI system, and AI systems with indeterminate uses can pose to: (i) the health or safety of natural persons; (ii) the legal rights or legal status of natural persons; (iii) the fundamental rights of natural persons; (iv) the equal access to services and opportunities of natural persons; (v) the Union values enshrined in Article 2 TEU; (vi) society at large and the environment.
Amendment 1593 #
2021/0106(COD)
Proposal for a regulation
Article 9 – paragraph 2 – point b
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;
Amendment 1612 #
2021/0106(COD)
Proposal for a regulation
Article 9 – paragraph 4 – introductory part
Article 9 – paragraph 4 – introductory part
4. The risk management measures referred to in paragraph 2, point (d) shall be such that any residual 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 reasonably foreseeable use or under conditions of reasonably foreseeable misuse. Those residual risks shall be communicated to the user.
Amendment 1619 #
2021/0106(COD)
Proposal for a regulation
Article 9 – paragraph 4 – subparagraph 1 – point a
Article 9 – paragraph 4 – subparagraph 1 – point a
(a) elimination or reduction of risks as far as possible through adequate design and development involving relevant domain and other experts and internal and external stakeholders, including but not limited to representative bodies and the social partners;
Amendment 1644 #
2021/0106(COD)
Proposal for a regulation
Article 9 – paragraph 5
Article 9 – paragraph 5
5. High-risk AI systems shall be tested for the purposes of identifying the most appropriate risk management measures. Testing shall ensure that high-risk AI systems perform consistently for their intended purpose or reasonably foreseeable use and they are in compliance with the requirements set out in this Chapter.
Amendment 1681 #
2021/0106(COD)
Proposal for a regulation
Article 10 – paragraph 2 – introductory part
Article 10 – paragraph 2 – introductory part
2. Training, validation and testing data sets as well as data that is collected, fed into, or used by the AI system, after deployment of the system and throughout its lifecycle shall be subject to appropriate data governance and management practices. Those practices shall concern in particular,
Amendment 1695 #
2021/0106(COD)
Proposal for a regulation
Article 10 – paragraph 2 – point d
Article 10 – paragraph 2 – point d
(d) the formulation of relevant, justified and reasonable assumptions, notably with respect to the information that the data are supposed to measure and represent;
Amendment 1737 #
2021/0106(COD)
Proposal for a regulation
Article 10 – paragraph 5
Article 10 – paragraph 5
Amendment 1739 #
2021/0106(COD)
Proposal for a regulation
Article 10 – paragraph 5
Article 10 – paragraph 5
5. To the extent that it is strictly necessary for the purposes of ensuring bias monitoring, detection and correction in relation to the high-risk AI systems, the providers of such systems may process special categories of personal data referred to in Article 9(1) of Regulation (EU) 2016/679, Article 10 of Directive (EU) 2016/680 and Article 10(1) of Regulation (EU) 2018/1725, subject to appropriate safeguards for the fundamental rights and freedoms of natural persons, including technical limitations on the re-use and use of state-of-the-art security and privacy- preserving measures, such as pseudonymisation, or encryption where anonymisation may significantly affect the purpose pursued. This should also guarantee explainability of AI driven recommendations or decisions.
Amendment 1770 #
2021/0106(COD)
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
1. High-riskAll AI systems shall be designed and developed with capabilities enabling the automatic recording of events (‘logs’) while the high-risk AI systems is operating. Those logging capabilities shall conform to recognised standards or common specifications.
Amendment 1781 #
2021/0106(COD)
Proposal for a regulation
Article 12 – paragraph 4 – introductory part
Article 12 – paragraph 4 – introductory part
4. For high-risk AI systems referred to in paragraph 1, point (a) of Annex III, the logging capabilities shall provide, at a minimum:
Amendment 1784 #
2021/0106(COD)
Proposal for a regulation
Article 12 – paragraph 4 a (new)
Article 12 – paragraph 4 a (new)
4 a. For high-risk self-learning AI systems the logging of self-learning shall be maintained.The logging shall provide, at a minimum: (a) the input data used for self-learning; (b) the used algorithms of the input data interpretation; (c) the results of self-learning.
Amendment 1785 #
2021/0106(COD)
Proposal for a regulation
Article 12 – paragraph 4 b (new)
Article 12 – paragraph 4 b (new)
4 b. Where a decision and/or proposal of decision is the outcome of an AI system, the logging shall cover information comprehensively sufficient for further human manual review of the decision/proposal with no need to refer to the AI system itself.The logging shall provide, at a minimum: (a) the input data; (b)the reference database, if such present; (c) the algorithms that could had been used; (d) the algorithms that actually had been used; (e) output data (decision and/or proposal); (f) comprehensive mechanism of how the input data resulted into the output data.
Amendment 1786 #
2021/0106(COD)
Proposal for a regulation
Article 12 – paragraph 4 c (new)
Article 12 – paragraph 4 c (new)
4 c. For all high-risk AI systems, including those mentioned in paragraphs 4–6 above, the logging shall provide, at a minimum: (a) log-in information (user, date, time, authentication type); (b) the input data; (c) the output data.
Amendment 1787 #
2021/0106(COD)
Proposal for a regulation
Article 12 – paragraph 4 d (new)
Article 12 – paragraph 4 d (new)
4 d. The Commission is empowered to adopt delegated acts in accordance with Article 73 to define more minimum logging requirements for AI systems or their certain types.
Amendment 1810 #
2021/0106(COD)
Proposal for a regulation
Article 13 a (new)
Article 13 a (new)
Article 13 a Transparency for affectees of AI systems 1) High-risk AI systems shall be designed, developed and used in such a way that an affectee can obtain an explanation from the developer and user for any decision taken or supported by a high-risk AI system that significantly affects the affectee; 2) Providers and users of high-risk AI systems shall provide access to the person of persons designated with the exercise of 'human oversight' as described in Art. 14 to discuss and to clarify the facts, circumstances and reasons having led to the decision by the AI system; 3) Providers and users of high-risk AI systems shall provide the affectee with a written statement of the reasons for any decision taken or supported by a high-risk AI system; 4) Where the affectee is not satisfied with the explanation or the written statement of reasons obtained or consider that the decision referred to in paragraph (1) jeopardizes their health, safety or fundamental rights, the provider or user, as the case may be, shall review that decision, upon reasonable request by the affectee. The provider or user, as the case maybe, shall respond to such request by providing the affectee with a substantiated reply without undue delay and in any event within one week of receipt of the request.
Amendment 1894 #
2021/0106(COD)
Proposal for a regulation
Article 16 – paragraph 1 – point e
Article 16 – paragraph 1 – point e
(e) ensure that the high-risk AI system undergoes the relevant conformiindependent third party assessment procedure, prior to its placing on the market or putting into service;
Amendment 1896 #
2021/0106(COD)
Proposal for a regulation
Article 16 – paragraph 1 – point e
Article 16 – paragraph 1 – point e
(e) ensure that the high-risk AI system undergoes the relevant conformity assessment procedure, prior to its placing on the market or putting into service or use;
Amendment 1905 #
2021/0106(COD)
Proposal for a regulation
Article 16 – paragraph 1 – point j a (new)
Article 16 – paragraph 1 – point j a (new)
(j a) refrain from placing on the market or putting into service a High-Risk AI system that: (i) is not in conformity with the requirements set out in Chapter 2 of this Title;or (ii) poses a risk of harm to health, safety or fundamental rights despite its conformity with the requirements set out in Chapter 2 of this Title.
Amendment 1907 #
2021/0106(COD)
Proposal for a regulation
Article 16 – paragraph 1 – point j b (new)
Article 16 – paragraph 1 – point j b (new)
(j b) ensure that the individual to whom human oversight is assigned shall either be fully independent from the provider or user or, be adequately protected against negative consequences for their position within the organisation, resulting from or related to their exercise of human oversight.
Amendment 1913 #
2021/0106(COD)
Proposal for a regulation
Article 17 – paragraph 1 – introductory part
Article 17 – paragraph 1 – introductory part
1. Providers of high-risk AI systems shall put a quality management system in place, certified by an independent third party that ensures compliance with this Regulation. That system shall be documented in a systematic and orderly manner in the form of written policies, procedures and instructions, and shall include at least the following aspects:
Amendment 1927 #
2021/0106(COD)
Proposal for a regulation
Article 17 – paragraph 1 – point f
Article 17 – paragraph 1 – point f
(f) systems and procedures for data management, including data collection, data analysis, data labelling, data storage, data filtration, data mining, data aggregation, data retention and any other operation regarding the data that is performed before and for the purposes of the placing on the market or putting into service or use of high-risk AI systems;
Amendment 1943 #
2021/0106(COD)
Proposal for a regulation
Article 17 – paragraph 3 a (new)
Article 17 – paragraph 3 a (new)
3 a. High-risk AI systems shall make use of high quality models, that use relevant, justified and reasonable parameters and features and optimise for justified goals;
Amendment 1944 #
2021/0106(COD)
Proposal for a regulation
Article 17 – paragraph 3 b (new)
Article 17 – paragraph 3 b (new)
3 b. High-risk AI systems shall only be used in a different domain or environment where they are generalisable to such domain or environment
Amendment 1949 #
2021/0106(COD)
Proposal for a regulation
Article 19 – title
Article 19 – title
Independent Third party Conformity assessment
Amendment 1950 #
2021/0106(COD)
Proposal for a regulation
Article 19 – paragraph 1
Article 19 – paragraph 1
1. Providers of high-risk AI systems shall ensure that their systems undergo the relevantan independent third party conformity assessment procedure in accordance with Article 43 and Annex VII, prior to their placing on the market or putting into service. Where the compliance of the AI systems with the requirements set out in Chapter 2 of this Title has been demonstrated following that conformity assessment, the providers shall draw up an EU declaration of conformity in accordance with Article 48 and affix the CE marking of conformity in accordance with Article 49. The conformity assessment shall be publicly available.
Amendment 1952 #
2021/0106(COD)
Proposal for a regulation
Article 19 – paragraph 1
Article 19 – paragraph 1
1. Providers of high-risk AI systems shall ensure that their systems undergo the relevant conformity assessment procedure in accordance with Article 43, prior to their placing on the market or putting into service or use. Where the compliance of the AI systems with the requirements set out in Chapter 2 of this Title has been demonstrated following that conformity assessment, the providers shall draw up an EU declaration of conformity in accordance with Article 48 and affix the CE marking of conformity in accordance with Article 49.
Amendment 1955 #
2021/0106(COD)
Proposal for a regulation
Article 20 – paragraph 1
Article 20 – paragraph 1
1. Providers of high-risk AI systems shall keep the logs automatically generated by their high-risk AI systems, to the extent such logs are under their control by virtue of a contractual arrangement with the user or otherwise by law. The logs shall be kept for a period that is appropriate in the light of the intended purpose or reasonably foreseeable use of high-risk AI system and applicable legal obligations under Union or national law.
Amendment 2046 #
2021/0106(COD)
Proposal for a regulation
Article 29 – paragraph 2
Article 29 – paragraph 2
2. The obligations in paragraph 1 are without prejudice to other user obligations under Union or national law and to the user’s discretion in organising its own resources and activities for the purpose of implementing the human oversight measures indicated by the provider. This regulation does not conflict with the scope of Art. 153 TFEU, which sets minimum requirements for Member States that may be exceeded.
Amendment 2057 #
2021/0106(COD)
Proposal for a regulation
Article 29 – paragraph 5 – introductory part
Article 29 – paragraph 5 – introductory part
5. Users of high-risk AI systems shall keep the logs automatically generated by that high-risk AI system, to the extent such logs are under their control. The logs shall be kept for a period that is appropriate in the light of the intended purpose or reasonably foreseeable use of the high-risk AI system and applicable legal obligations under Union or national law.
Amendment 2071 #
2021/0106(COD)
Proposal for a regulation
Article 29 – paragraph 6 a (new)
Article 29 – paragraph 6 a (new)
6 a. Users of high-risk AI systems shall refrain from placing on the market or putting into service a high-risk AI system that: (i) is not in conformity with the requirements set out in Chapter 2 of this Title;or (ii) poses a risk of harm to health, safety or fundamental rights despite its conformity with the requirements set out in Chapter 2 of this Title.
Amendment 2073 #
2021/0106(COD)
Proposal for a regulation
Article 29 – paragraph 6 a (new)
Article 29 – paragraph 6 a (new)
6 a. Users of high risk AI systems, who modify or extend the purpose for which the conformity of the AI system was originally assessed, shall establish and document a post-market monitoring system (Art. 61)and must undergo a new conformity assessment (Art. 43) involved by a notified body.
Amendment 2083 #
2021/0106(COD)
Proposal for a regulation
Article 29 a (new)
Article 29 a (new)
Article 29 a Obligation on users to define affected persons 1. Before putting into use a high-risk AI system as defined in Article 6(2), the user shall define categories of natural persons and groups likely to be affected by the use of the system.
Amendment 2084 #
2021/0106(COD)
Proposal for a regulation
Article 29 a (new)
Article 29 a (new)
Article 29 a A fiduciary duty for providers and users of high-risk AI systems Providers and users of high-risk AI systems have a fiduciary duty to act in the interest of the affectees.
Amendment 2085 #
2021/0106(COD)
Proposal for a regulation
Article 29 b (new)
Article 29 b (new)
Amendment 2132 #
2021/0106(COD)
Proposal for a regulation
Article 41 – paragraph 1
Article 41 – paragraph 1
1. Where harmonised standards referred to in Article 40 do not exist or where the Commission considers that the relevant harmonised standards are insufficient or that there is a need to address specific safety or fundamental right concerns, the Commission may, by means of implementing acts, adopt common specifications in respect of the requirements set out in Chapter 2 of this Title. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 74(2). The Commission shall adopt common specifications setting out how risk management systems should give specific consideration to interaction with or impact on children.
Amendment 2151 #
2021/0106(COD)
Proposal for a regulation
Article 42
Article 42
Amendment 2153 #
2021/0106(COD)
Proposal for a regulation
Article 42 – paragraph 1
Article 42 – paragraph 1
1. Taking into account their intended purpoforeseeable uses, high-risk AI systems that have been trained and tested on data concerning the specific geographical, behavioural and functional setting within which they are intended to be used shall be presumed to be in compliance with the requirement set out in Article 10(4).
Amendment 2157 #
2021/0106(COD)
Proposal for a regulation
Article 43 – paragraph 1 – introductory part
Article 43 – paragraph 1 – introductory part
1. For high-risk AI systems listed in point 1, 3 and 4 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 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:follow 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.
Amendment 2163 #
2021/0106(COD)
Proposal for a regulation
Article 43 – paragraph 1 – point a
Article 43 – paragraph 1 – point a
Amendment 2170 #
2021/0106(COD)
Proposal for a regulation
Article 43 – paragraph 1 – point b
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 VIIdocumentation of analysis and achievement of the tests of strict necessity, proportionality and legality of the system, as well as any associated database or data repository on which it relies; with the involvement of a notified body, referred to in Annex VII, and with the involvement of the relevant national data protection authority.
Amendment 2180 #
2021/0106(COD)
Proposal for a regulation
Article 43 – paragraph 2
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.
Amendment 2194 #
2021/0106(COD)
Proposal for a regulation
Article 43 – paragraph 4 – subparagraph 1
Article 43 – paragraph 4 – subparagraph 1
For high-risk AI systems that continue to learn after being placed on the market or put into service, changes to the high-risk AI system and its performance that have been pre-determined by the provider at the moment of the initial conformity assessment and are part of the information contained in the technical documentation referred to in point 2(f) of Annex IV, shall not constitute a substantial modification. A new conformity assessment is always required whenever safety-related limits of continuing learning high-risk AI systems may be exceeded or have an impact on the health or safety.
Amendment 2214 #
Amendment 2246 #
2021/0106(COD)
Proposal for a regulation
Article 51 – paragraph 1
Article 51 – paragraph 1
Before placing on the market or putting into service a high-risk AI system referred to in Article 6(2)n AI system, the provider or, where applicable, the authorised representative shall register that system in the EU database referred to in Article 60.
Amendment 2251 #
2021/0106(COD)
Proposal for a regulation
Article 51 – paragraph 1 a (new)
Article 51 – paragraph 1 a (new)
Before using a high-risk AI system referred to in Article 6(2), the user or, where applicable, the authorised representative, shall register the uses of that system in the EU database referred to in Article 60. A new registration entry must be completed by the user for each new use of a high-risk AI system.
Amendment 2256 #
2021/0106(COD)
Proposal for a regulation
Article 51 – paragraph 1 b (new)
Article 51 – paragraph 1 b (new)
Before using an AI system, public authorities shall register the uses of that system in the EU database referred to in Article 60. A new registration entry must be completed by the user for each new use of an AI system.
Amendment 2283 #
2021/0106(COD)
Proposal for a regulation
Article 52 a (new)
Article 52 a (new)
Amendment 2290 #
2021/0106(COD)
Proposal for a regulation
Article 53 – paragraph 1
Article 53 – paragraph 1
1. AI regulatory sandboxes established by the Commission in collaboration with one or more Member States competent authorities or the European Data Protection Supervisor, are considered high risk and shall provide a controlled environment that facilitates the development, testing and validation of innovative AI systems for a limited time before their placement on the market or putting into service pursuant to a specific plan. They shall operate in full compliance with the General Data Protection Regulation. This shall take place under the direct supervision and guidance by the Commission in collaboration with competent authorities with a view to identifying risks to health and safety and fundamental rights, testing mitigation measures for identified risks, demonstrating prevention of these risks and otherwise ensuring compliance with the requirements of this Regulation and, where relevant, other Union and Member States legislation supervised within the sandbox. AI regulatory sandboxes shall remain a technical solution, shall assess potentialadverse effects and not be used on the employment context.
Amendment 2314 #
2021/0106(COD)
Proposal for a regulation
Article 53 – paragraph 3
Article 53 – paragraph 3
3. The AI regulatory sandboxes shall not affect the supervisory and corrective powers of the competent authorities. Any significant risks toRegulatory sandboxes involving activities that may impact health and, safety and fundamental rights, democracy and rule of law or the environment shall be developed in accordance with redress-by-design principles. Any significant risks identified during the development and testing of such systems shall result in immediate mitigation and, failing that, in the suspension of the development and testing process until such mitigation takes place.
Amendment 2338 #
2021/0106(COD)
Proposal for a regulation
Article 53 – paragraph 6 a (new)
Article 53 – paragraph 6 a (new)
6 a. The modalities referred to in Article 53(6) shall ensure at least the following: (a) participants in the regulatory sandboxing system, in particular small-scale providers, are granted access to pre-deployment services, such as preliminary registration of AI system, insurance, compliance and R&D support services, and to all the other relevant elements of the Union’s AI ecosystem and other Digital Single Market initiatives such as testing and experimentation facilities, digital hubs, centers of excellence, testing and experimentation facilities, and EU benchmarking capabilities; and to other value-adding services such as standardization and certification, community social platform and contact databases, tenders and grant making portal and lists of potential investors. (b) foreign providers, in particular small- scale providers, are eligible to take part in the regulatory sandboxes to incubate and refine their products in compliance with this Regulation. (c) individuals such as researchers, entrepreneurs, innovators and other pre-market ideas owners are eligible to take part in the regulatory sandboxes to incubate and refine their products in compliance with this Regulation. (d) there be as little fragmentation as possible of the regulatory sandboxes across Member States, notably through development of a single interface and contact point at the EU level to interact with the regulatory sandbox ecosystem and through the Commission facilitating the creation of transnational and EU-wide regulatory sandboxes
Amendment 2388 #
2021/0106(COD)
Proposal for a regulation
Article 55 a (new)
Article 55 a (new)
Article 55 a Promoting research and development of AI in support of socially and environmentally beneficial outcomes led by civil society 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 for communication with projects to provide guidance and respond to queries about the implementation of this Regulation. 2. Member States shall ensure that when conformity assessment is required under Article 43, cost of such assessment is covered by public, including EU, funds available for AI research and development. 3. 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.
Amendment 2390 #
2021/0106(COD)
Proposal for a regulation
Article 55 b (new)
Article 55 b (new)
Article 55 b 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.
Amendment 2391 #
2021/0106(COD)
Proposal for a regulation
Article 55 c (new)
Article 55 c (new)
Article 55 c Right to information about the use and functioning of AI systems 1. Natural persons shall have the right to be informed that they have been exposed to high-risk AI systems as defined in Article 6, and other AI systems as defined in Article 52. 2. Natural persons shall have the right to be provided upon request, with an explanation for decisions producing legal effects or otherwise affecting them or outcomes related to them taken by or with the assistance of systems within the scope of this Regulation, pursuant to Article 52 paragraph (3b). 3. The information outlined in paragraphs 1 and 2 shall be provided in a clear, easily understandable and intelligible way, in a manner that is accessible for persons with disabilities.
Amendment 2396 #
2021/0106(COD)
Proposal for a regulation
Article 56 – title
Article 56 – title
Amendment 2402 #
2021/0106(COD)
Proposal for a regulation
Article 56 – paragraph 1 a (new)
Article 56 – paragraph 1 a (new)
1 a. The Board shall be independent in the fulfilment of its task. It shall have legal personality.
Amendment 2403 #
2021/0106(COD)
Proposal for a regulation
Article 56 – paragraph 1 b (new)
Article 56 – paragraph 1 b (new)
1 b. The Board shall ensure the consistent application of this Regulation.
Amendment 2406 #
2021/0106(COD)
Proposal for a regulation
Article 56 – paragraph 2 – introductory part
Article 56 – paragraph 2 – introductory part
2. The Board shall provide advice and assistance to the Commission and the national authorities in order to:
Amendment 2411 #
2021/0106(COD)
Proposal for a regulation
Article 56 – paragraph 2 – point c a (new)
Article 56 – paragraph 2 – point c a (new)
(c a) carry out annual reviews and analyses of the complaints sent to and findings by national competent authorities, of the serious incidents and malfunctioning reports referred to in Article 62, and of the new registration in the EU Database referred to in Article 60 to identify trends and potential emerging issues threatening the future health and safety and fundamental rights of citizens and not adequately addressed by this Regulation; to carry out biannual horizon scanning and foresight exercises to extrapolate the impact these trends and emerging issues can have on the Union; and to annually publish recommendations to the Commission, including but not limited to recommendations on the categorization of prohibited practices, high-risk systems, and codes of conduct for AI systems that are not classified as high-risk.
Amendment 2417 #
2021/0106(COD)
Proposal for a regulation
Article 56 – paragraph 2 – point c b (new)
Article 56 – paragraph 2 – point c b (new)
(c b) represent and defend the interest of the broad cicil society, including Social Partners.
Amendment 2418 #
2021/0106(COD)
Proposal for a regulation
Article 56 – paragraph 2 – point c c (new)
Article 56 – paragraph 2 – point c c (new)
(c c) launch an evaluation procedure for an AI system
Amendment 2419 #
2021/0106(COD)
Proposal for a regulation
Article 56 – paragraph 2 a (new)
Article 56 – paragraph 2 a (new)
2 a. The Board shall have a sufficient number of competent personnel at their disposal for assistance in the proper performance of their tasks.
Amendment 2420 #
2021/0106(COD)
Proposal for a regulation
Article 56 – paragraph 2 b (new)
Article 56 – paragraph 2 b (new)
2 b. The Board shall be organised and operated so as to safeguard the independence, objectivity and impartiality of their activities. The Board shall document and implement a structure and procedures to safeguard impartiality and to promote and apply the principles of impartiality throughout its activities.
Amendment 2432 #
2021/0106(COD)
Proposal for a regulation
Article 57 – paragraph 1
Article 57 – paragraph 1
1. The Board shall be composed of the national supervisory authorities, who shall be represented by the head or equivalent high-level official of that authority, and the European Data Protection Supervisor, the EU Agency for Fundamental Rights, ENISA, EIGE and social partners as well representratives of civil society. Other national authorities may be invited to the meetings, where the issues discussed are of relevance for them.
Amendment 2435 #
2021/0106(COD)
Proposal for a regulation
Article 57 – paragraph 1
Article 57 – paragraph 1
1. The Board shall be composed of the national supervisory authorities, who shall be represented by the head or equivalent high-level official of that authority, and the European Data Protection Supervisor and the Fundamental Rights Agency. Other national authorities or EU agencies may be invited to the meetings, where the issues discussed are of relevance for them.
Amendment 2438 #
2021/0106(COD)
Proposal for a regulation
Article 57 – paragraph 1 a (new)
Article 57 – paragraph 1 a (new)
1 a. The Commission shall have the right to participate in the activities and meetings of the Board without voting right. The Commission shall designate a representative. The Chair of the Board shall communicate to the Commission the activities of the Board.
Amendment 2444 #
2021/0106(COD)
Proposal for a regulation
Article 57 – paragraph 2
Article 57 – paragraph 2
2. The Board shall adopt its rules of procedure by a simple majority of its members, following the consent of the Commission. The rules of procedure shall also contain the operational aspects related to the execution of the Board’s tasks as listed in Article 58. The Board may establish sub-groups as appropriate for the purpose of examining specific questions.
Amendment 2448 #
2021/0106(COD)
Proposal for a regulation
Article 57 – paragraph 2 a (new)
Article 57 – paragraph 2 a (new)
2 a. The Board may establish sub- groups as appropriate for the purpose of examining specific questions. The Board shall establish a permanent sub-group for the purpose of examining the question of the proper governance of general purpose AI systems. The Board shall also establish a permanent sub-group for the purpose of examining the question of the proper governance of research and development activities on the topic of AI and to inform the development of the governance framework.
Amendment 2451 #
2021/0106(COD)
Proposal for a regulation
Article 57 – paragraph 3
Article 57 – paragraph 3
3. The Board shall be chaired by the Commission. The Commission shall convene the meetings and prepare the agenda in accordance with the tasks of the Board pursuant to this Regulation and with its rules of procedure. The Commission shall provide administrative and analytical support for the activities of the Board pursuant to this Regulation.
Amendment 2459 #
2021/0106(COD)
Proposal for a regulation
Article 57 – paragraph 3 a (new)
Article 57 – paragraph 3 a (new)
3 a. The Board shall elect a chair and two deputy chairs from amongst its members by simple majority.
Amendment 2461 #
2021/0106(COD)
Proposal for a regulation
Article 57 – paragraph 3 b (new)
Article 57 – paragraph 3 b (new)
3 b. The term of office of the Chair and of the deputy chairs shall be five years and be renewable once.
Amendment 2465 #
2021/0106(COD)
Proposal for a regulation
Article 57 – paragraph 4
Article 57 – paragraph 4
4. The Board may invite external experts and observers to . To thatt end its meetings and may hold exchanges with interested third parties to inform its activities to an appropriate extent. To that end tthe Commission may facilitate exchanges between the Board and other Union bodies, offices, agencies and specialised bodies. The Ccommission may facilitate exchanges between the Board and other Union bodies, offices, agencies and advisory groupsposition of the specialised body shall ensure fair representation of consumer organisations, civil society organisations and academics specialised on AI. Its meetings and their minutes shall be published online.
Amendment 2488 #
2021/0106(COD)
Proposal for a regulation
Article 58 – paragraph 1 – introductory part
Article 58 – paragraph 1 – introductory part
When providing advice and assistance to the Commissensuring the consistent application inof the context of Article 56(2)is Regulation, the Board shall in particular:
Amendment 2517 #
2021/0106(COD)
Proposal for a regulation
Article 58 – paragraph 1 – point c a (new)
Article 58 – paragraph 1 – point c a (new)
Amendment 2520 #
2021/0106(COD)
Proposal for a regulation
Article 58 – paragraph 1 – point c b (new)
Article 58 – paragraph 1 – point c b (new)
(c b) provide guidance in relation to governing research and development activities for creating new or improving existing AI systems, and the alignment of these activities with the objectives of this Regulation.
Amendment 2524 #
2021/0106(COD)
Proposal for a regulation
Article 58 – paragraph 1 – point c c (new)
Article 58 – paragraph 1 – point c c (new)
(c c) The Board shall provide statutory guidance in relation to children’s rights, applicable law and minimum standards for the evaluation of automated decision- making systems to meet the objectives of this Regulation pertaining to children and to investigate the design goals, data inputs, model selection, implementation and outcomes of such systems.
Amendment 2568 #
2021/0106(COD)
Proposal for a regulation
Article 59 – paragraph 3
Article 59 – paragraph 3
3. Member States shall inform the Board and the Commission of their designation or designations and, where applicable, the reasons for designating more than one authority.
Amendment 2580 #
2021/0106(COD)
Proposal for a regulation
Article 59 – paragraph 5
Article 59 – paragraph 5
5. Member States shall report to the Board and the Commission on an annual basis on the status of the financial and human resources of the national competent authorities with an assessment of their adequacy. The Commission shall transmit that information to the Board for discussion and possible recommendations.
Amendment 2594 #
2021/0106(COD)
Proposal for a regulation
Article 59 – paragraph 8
Article 59 – paragraph 8
8. When Union institutions, agencies and bodies fall within the scope of this Regulation, tThe European Data Protection Supervisor shall act as the competent authority for their supervision of Union institutions, agencies and bodies.
Amendment 2608 #
Amendment 2610 #
2021/0106(COD)
Proposal for a regulation
Article 60 – title
Article 60 – title
60 EU database for stand-alone high- risk, general purpose and certain AI systems, uses thereof, and uses of AI systems by public authorities AI systems
Amendment 2612 #
2021/0106(COD)
Proposal for a regulation
Article 60 – title
Article 60 – title
EU database for stand-alone high-risk AI systems
Amendment 2614 #
2021/0106(COD)
Proposal for a regulation
Article 60 – paragraph 1
Article 60 – paragraph 1
1. The Commission shall, in collaboration with the Member States, set up and maintain a EU database containing information referred to in paragraph 2 concerning high-risk AI systems referred to in Article 6(2) which are registered in accordance with Article 51. AI systems which are registered in accordance with Article 51 and general purpose AI systems, in accordance with Article xx: a. high-risk AI systems referred to in Article 6(2) which are registered in accordance with Article 51(1); b. any AI systems referred to in Article 52 paragraphs 1b and 2 which are registered in accordance with Article 51(1); c. any uses of high-risk AI systems referred to in Article 6(2) which are registered in accordance with Article 51(2); d. any uses of AI systems referred to in Article 52 paragraph 1b and 2 which are registered in accordance with Article 51(2); e. any uses of AI systems by or on behalf of public authorities registered in accordance with Article 51(3).
Amendment 2620 #
2021/0106(COD)
Proposal for a regulation
Article 60 – paragraph 2
Article 60 – paragraph 2
2. The Commission shall provide providers and users entering data into the EU database with technical and administrative support.The following information should be included in the EU database: (a) For registrations according to paragraph 1(a) and 1(b), the data listed in Annex VIII point 1 shall be entered into the EU database by the providers. The Commission shall provide them with technical and administrative support. (b) For registrations according to paragraph 1(c) , 1(d) and 1(e), the data listed in Annex VIII point 2 shall be entered into the EU database by the users.
Amendment 2624 #
2021/0106(COD)
Proposal for a regulation
Article 60 – paragraph 3
Article 60 – paragraph 3
3. Information contained in the EU database shall be accessible to the publicThe EU database and the information contained in it shall be freely available to the public, comply with the accessibility requirements of Annex I to Directive 2019/882, and be user-friendly, navigable, and machine-readable, containing structured digital data based on a standardised protocol.
Amendment 2626 #
2021/0106(COD)
Proposal for a regulation
Article 60 – paragraph 3 a (new)
Article 60 – paragraph 3 a (new)
3 a. Users should register deployments of high-risk AI systems into the EU database before putting them into use. The users should include information in the database, not limited to, the identity of the provider and the user, the context of the purpose and of deployment, the designation of impacted persons, and the results of the impact assessment.
Amendment 2628 #
2021/0106(COD)
Proposal for a regulation
Article 60 – paragraph 4
Article 60 – paragraph 4
4. The EU database shall contain personal data only insofar as necessary for collecting and processing information in accordance with this Regulation. That information shall include the names and contact details of natural persons who are responsible for registering the system and have the legal authority to represent the provider, or the user.
Amendment 2632 #
2021/0106(COD)
Proposal for a regulation
Article 60 – paragraph 5
Article 60 – paragraph 5
5. The Commission shall be the controller of the EU database. It shall also ensure to providers and users adequate technical and administrative support, in particular in relation to registrations according to paragraph 1(e).
Amendment 2637 #
2021/0106(COD)
Proposal for a regulation
Article 60 – paragraph 5 a (new)
Article 60 – paragraph 5 a (new)
5 a. The database shall comply with the accessibility requirements of Annex I to Directive 2019/882.
Amendment 2638 #
2021/0106(COD)
Article 60 a Systemic transparency and monitoring of societal implications 1. The Commission shall, in collaboration with the Member States, set up and maintain a relational database of digital and AI systems that interact with high- risk or general purpose AI systems or with AI systems with transparency obligations. Among others, the relational database shall include digital and AI systems whose input directly or indirectly come from a high-risk or general purpose AI system or whose output directly or indirectly is taken as input by a high-risk or general purpose AI system. 2. For each entry in the EU database referred to in Article 60, the provider shall enter the upstream and downstream digital and AI systems into the relational database, as well as, to the extent it is possible, the digital and AI systems upstream of the upstream AI systems and the digital and AI systems downstream of the downstream AI systems. 3. The European AI Board and the Commission shall regularly assess the relational map to facilitate incident response and to identify AI systems (‘Societally Significant AI systems’)whose output is used as input into many downstream digital and AI systems.4. The European AI Board and the Commission shall develop a Code of Conduct for Societally Significant AI Systems.
Amendment 2640 #
2021/0106(COD)
Proposal for a regulation
Article 61 – paragraph 2
Article 61 – paragraph 2
2. The post-market monitoring system shall actively and systematically collect, document and analyse relevant data provided by users or collected through other sources on the performance of high- risk AI systems throughout their lifetime, and allow the provider to evaluate the continuous compliance of AI systems with the requirements set out in Title III, Chapter 2. Post-market monitoring must include continuous analysis of the AI environment, including other devices, software, and other AI systems that will interact with the AI system.
Amendment 2703 #
2021/0106(COD)
Proposal for a regulation
Article 64 a (new)
Article 64 a (new)
Article 64 a Market surveillance authorities 1. Market surveillance authorities shall, at a minimum, have the power to (a) carry out unannounced on-site and remote inspections of AI systems. (b) acquire samples related to AI systems, including through remote inspections, to reverse-engineer the AI systems and to acquire evidence to identify non- compliance. 2. Member States may authorise their market surveillance authorities to reclaim from the relevant operator the totality of the costs of their activities with respect to instances of non-compliance. 3. The costs referred to in paragraph 2 of this Article may include the costs of carrying out testing, computation, hardware,storage, and the costs of activities relating to AI systems that are found to be non-compliant and are subject to corrective action prior to their placing on the market.
Amendment 2706 #
2021/0106(COD)
Proposal for a regulation
Article 65 – paragraph 1
Article 65 – paragraph 1
1. AI systems presenting a risk shall be understood as a product presenting a risk defined in Article 3, point 19 of Regulation (EU) 2019/1020 insofar as risks to the health or safety or to the protection of fundamental rights of persons are concerned. in general, including safety in the workplace, protection of consumers, the environment, or to the protection of fundamental rights of persons are concerned, including autonomy of choice, access to goods and services, unfair discrimination and economic harm, privacy and data protection, as well as societal risks.
Amendment 2711 #
2021/0106(COD)
Proposal for a regulation
Article 65 – paragraph 1 a (new)
Article 65 – paragraph 1 a (new)
1 a. When AI systems are likely to interact with or impact on children, the precautionary principle shall apply.
Amendment 2713 #
2021/0106(COD)
Proposal for a regulation
Article 65 – paragraph 2 – introductory part
Article 65 – paragraph 2 – introductory part
2. Where the market surveillance authority of a Member State has sufficient reasons to consider that an AI system presents a risk as referred to in paragraph 1, they shall carry out an evaluation of the AI system concerned in respect of its compliance with all the requirements and obligations laid down in this Regulation. When risks to the protection of fundamental rights are present, the market surveillance authority shall also inform the relevant national public authorities, Board or bodies referred to in Article 64(3). Where there is sufficient reason to consider that that an AI system exploits the vulnerabilities of children or violates their rights intentionally or unintentionally, the market surveillance authority shall have the duty to investigate the design goals, data inputs, model selection, implementation and outcomes of the AI system and the burden of proof shall be on the operator or operators of that system to demonstrate compliance with the provisions of this Regulation. The relevant operators shall cooperate as necessary with the market surveillance authorities and the other national public authorities or bodies referred to in Article 64(3), including by providing access to personnel, documents, internal communications, code, data samples and on platform testing as necessary.
Amendment 2716 #
2021/0106(COD)
Proposal for a regulation
Article 65 – paragraph 2 – subparagraph 1
Article 65 – paragraph 2 – subparagraph 1
Where, in the course of thatits evaluation, the market surveillance authority 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. The corrective action can also be applied to AI systems in other products or services judged to be similar in their objectives, design or impact.
Amendment 2740 #
2021/0106(COD)
Proposal for a regulation
Article 66 – paragraph 1
Article 66 – paragraph 1
1. Where, within three months of receipt of the notification referred to in Article 65(5), objections are raised by the European Parliament or a Member State against a measure taken by another Member State, or where the Commission considers the measure to be contrary to Union law, or has sufficient reasons to believe that an AI system presents a risk or affects consumers in more than one Member State the Commission shall without delay enter into consultation with the relevant Member State and operator or operators and shall evaluate the national measure. On the basis of the results of that evaluation, the Commission shall decide whether the national measure is justified or not within 9 months from the notification referred to in Article 65(5) and notify such decision to the Member State concerned.
Amendment 2743 #
2021/0106(COD)
Proposal for a regulation
Article 66 – paragraph 3
Article 66 – paragraph 3
3. Where the national measure is considered justified and the non- compliance of the AI system is attributed to shortcomings in the harmonised standards or common specifications referred to in Articles 40 and 41 of this Regulation, the Commission shall apply the procedure provided for in Article 11 of Regulation (EU) No 1025/2012.The Commission shall also have the possibility to suggest alternative measures to the Member State concerned.
Amendment 2776 #
2021/0106(COD)
Proposal for a regulation
Article 68 a (new)
Article 68 a (new)
Article 68 a Right to lodge a complaint with a supervisory authority 1. Citizens have a right not to be subjected to prohibited AI systems. 2. Citizens have a right not to be subjected to high-risk AI systems that fail to meet the requirements for high-risk systems. 3. Without prejudice to any other administrative or judicial remedy, every citizen shall have the right to lodge a complaint with a supervisory authority, in particular in the Member State of his or her habitual residence, place of work or place of the alleged infringement if the citizen considers that he or she has been subjected to an AI system that infringes this Regulation. 4. The supervisory authority with which the complaint has been lodged shall inform the complainant on the progress and the outcome of the complaint. 5. Without prejudice to any other administrative or non-judicial remedy, each natural or legal person shall have the right to an effective judicial remedy against a legally binding decision
Amendment 2813 #
2021/0106(COD)
Proposal for a regulation
Article 70 b (new)
Article 70 b (new)
Article 70 b Right for removal and injunction 1. If an AI system infringes this Regulation each natural or legal person affected by said AI system may require the user of this system to stop the use and to remove the infringement. 2. If further infringements of an AI system are to be feared, each affected natural or legal person may seek a prohibitory injunction.
Amendment 2835 #
2021/0106(COD)
Proposal for a regulation
Article 71 – paragraph 3 – introductory part
Article 71 – paragraph 3 – introductory part
3. The following infringements shall be subject to administrative fines of up to 30 000 000 EUR or, if the offender is a company, up to 610 % of its total worldwide annual turnover for the preceding financial year, whichever is higher:
Amendment 2850 #
2021/0106(COD)
Proposal for a regulation
Article 71 – paragraph 4
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 20 000 000 EUR or, if the offender is a company, up to 47 % of its total worldwide annual turnover for the preceding financial year, whichever is higher.
Amendment 2856 #
2021/0106(COD)
Proposal for a regulation
Article 71 – paragraph 5
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 10 000 000 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.
Amendment 2884 #
2021/0106(COD)
1. The European Data Protection Supervisor may impose administrative fines on Union institutions, agencies and bodies falling within the scope of this Regulationdeveloping, deploying or operating AI systems. When deciding whether to impose an administrative fine and deciding on the amount of the administrative fine in each individual case, all relevant circumstances of the specific situation shall be taken into account and due regard shall be given to the following:
Amendment 2918 #
2021/0106(COD)
Proposal for a regulation
Article 73 – paragraph 2
Article 73 – paragraph 2
2. The delegation of power referred to in Article 4, Article 5a, Article 7(1), Article 11(3), Article 43(5) and (6), Article 48(5) and Article 48(5)52a shall be conferred on the Commission for an indeterminate period of time from [entering into force of the Regulation].
Amendment 2922 #
2021/0106(COD)
Proposal for a regulation
Article 73 – paragraph 3
Article 73 – paragraph 3
3. The delegation of power referred to in Article 4, Article 5a, Article 7(1), Article 11(3), Article 43(5) and (6) and, Article 48(5) and Article 52a may be revoked at any time by a joint decision from the European Parliament or byand the Council.. A decision of revocation shall put an end to the delegation of power specified in that decision. It shall take effect the day following that of its publication in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.
Amendment 2929 #
2021/0106(COD)
Proposal for a regulation
Article 73 – paragraph 4
Article 73 – paragraph 4
4. As soon as it adoptsIn preparation of a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.
Amendment 2930 #
2021/0106(COD)
Proposal for a regulation
Article 73 – paragraph 5
Article 73 – paragraph 5
5. Any delegated act adopted pursuant to Article 4, Article 5a, Article 7(1), Article 11(3), Article 43(5) and (6) and, Article 48(5) and Article 52a 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.
Amendment 2947 #
2021/0106(COD)
Proposal for a regulation
Article 83 – paragraph 1 – introductory part
Article 83 – paragraph 1 – introductory part
1. This Regulation shall not apply to the AI systems which are components of the large-scale IT systems established by the legal acts listed in Annex IX that have been placed on the market or put into service before [12 months after the date of application of this Regulation referred to in Article 85(2)], unless and the replacquirement or amendment of those legal acts leads to a significant change in the design or intended purpose of the AI system or AI systems concerneds laid down in this Regulation shall be taken into account in the evaluation of each large-scale IT systems established by the legal acts listed in Annex IX.
Amendment 2951 #
2021/0106(COD)
Proposal for a regulation
Article 83 – paragraph 1 – subparagraph 1
Article 83 – paragraph 1 – subparagraph 1
Amendment 2956 #
2021/0106(COD)
Proposal for a regulation
Article 83 – paragraph 2
Article 83 – paragraph 2
2. This Regulation shall apply to the high-risk AI systems, other than the ones referred to in paragraph 1, that have been placed on the market or put into service before [date of application of this Regulation referred to in Article 85(2)], only if, from that date, those systems are subject to significant changes in their design or intended purpose.
Amendment 2964 #
2021/0106(COD)
Proposal for a regulation
Article 84 – paragraph 1
Article 84 – paragraph 1
1. The Commission shall assess the need for amendment of the list in Annex III, including the extension of existing area headings or addition of new area headings; ,Article 5’s list of prohibited AI practices, and Article 52’s list of AI systems requiring additional transparency measures, once a year following the entry into force of this Regulation.
Amendment 2984 #
2021/0106(COD)
Proposal for a regulation
Article 84 – paragraph 6
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.
Amendment 2991 #
2021/0106(COD)
Proposal for a regulation
Article 84 – paragraph 7
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, equality, and accessibility for persons with disabilities, and in the light of the state of progress in the information society.
Amendment 2996 #
2021/0106(COD)
Proposal for a regulation
Article 84 – paragraph 7 a (new)
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; Article 5’s list of prohibited AI practices; and Article 52’s list of AI systems requiring additional transparency measures.
Amendment 3052 #
2021/0106(COD)
Proposal for a regulation
Annex III – paragraph 1 – point 1 – introductory part
Annex III – paragraph 1 – point 1 – introductory part
1. Biometric identification and categorisation of natural personsAI systems which use biometric or biometrics-based data:
Amendment 3064 #
2021/0106(COD)
Proposal for a regulation
Annex III – paragraph 1 – point 1 – point a
Annex III – paragraph 1 – point 1 – point a
(a) AI systems intended tothat are or may be used for the ‘real-time’ and ‘post’ remote biometric identification of natural persons;
Amendment 3068 #
2021/0106(COD)
Proposal for a regulation
Annex III – paragraph 1 – point 1 – point a a (new)
Annex III – paragraph 1 – point 1 – point a a (new)
(a a) AI systems that are or may be used for the biometric identification of natural persons in publicly accessible spaces, as well as in workplaces, in educational settings and in border surveillance, or in the provision of public or essential services;
Amendment 3071 #
2021/0106(COD)
Proposal for a regulation
Annex III – paragraph 1 – point 1 – point a a (new)
Annex III – paragraph 1 – point 1 – point a a (new)
(a a) AI systems that are or may be used for biometric verification in publicly accessible spaces, as well as in workplaces and in educational settings;
Amendment 3073 #
2021/0106(COD)
Proposal for a regulation
Annex III – paragraph 1 – point 1 – point a b (new)
Annex III – paragraph 1 – point 1 – point a b (new)
(a b) AI systems that are or may be used for the detection of a person’s presence, in workplaces, in educational settings, and in border surveillance, including in the virtual / online version of these spaces, on the basis of their biometric or biometrics-based data;
Amendment 3076 #
2021/0106(COD)
Proposal for a regulation
Annex III – paragraph 1 – point 1 – point a b (new)
Annex III – paragraph 1 – point 1 – point a b (new)
(a b) AI systems that are or may be used for biometric verification in publicly accessible spaces, as well as in workplaces and in educational settings;
Amendment 3077 #
2021/0106(COD)
Proposal for a regulation
Annex III – paragraph 1 – point 1 – point a b (new)
Annex III – paragraph 1 – point 1 – point a b (new)
(a b) AI systems that are or may be used for categorisation on the basis of biometric or biometrics-based data;
Amendment 3078 #
2021/0106(COD)
Proposal for a regulation
Annex III – paragraph 1 – point 1 – point a c (new)
Annex III – paragraph 1 – point 1 – point a c (new)
(a c) AI systems that are or may be used for monitoring compliance with health and safety measures or inferring alertness / attentiveness for safety purposes, on the basis of biometric or biometrics-based data;
Amendment 3081 #
2021/0106(COD)
Proposal for a regulation
Annex III – paragraph 1 – point 1 – point a c (new)
Annex III – paragraph 1 – point 1 – point a c (new)
(a c) AI systems that are or may be used to diagnose or support diagnosis of medical conditions or medical emergencies on the basis of biometric or biometrics-based data;
Amendment 3082 #
2021/0106(COD)
Proposal for a regulation
Annex III – paragraph 1 – point 1 – point a c (new)
Annex III – paragraph 1 – point 1 – point a c (new)
(a c) AI systems that are or may be used for categorisation on the basis of biometric or biometrics-based data;
Amendment 3084 #
2021/0106(COD)
Proposal for a regulation
Annex III – paragraph 1 – point 1 – point a d (new)
Annex III – paragraph 1 – point 1 – point a d (new)
(a d) AI systems that are or may be used for the detection of a person’s presence, in workplaces, in educational settings, and in border surveillance, including in the virtual / online version of these spaces, on the basis of their biometric or biometrics-based data;
Amendment 3086 #
2021/0106(COD)
Proposal for a regulation
Annex III – paragraph 1 – point 1 – point a e (new)
Annex III – paragraph 1 – point 1 – point a e (new)
(a e) AI systems that are or may be used for monitoring compliance with health and safety measures or inferring alertness / attentiveness for safety purposes, on the basis of biometric or biometrics-based data;
Amendment 3087 #
2021/0106(COD)
Proposal for a regulation
Annex III – paragraph 1 – point 2 – introductory part
Annex III – paragraph 1 – point 2 – introductory part
2. Management and operation, operation, generation and supply of critical infrastructure, technology and energy:
Amendment 3104 #
2021/0106(COD)
Proposal for a regulation
Annex III – paragraph 1 – point 3 – point b a (new)
Annex III – paragraph 1 – point 3 – point b a (new)
(b a) AI systems intended to be used for the optimization of individual learning processes based on a student's learning data.
Amendment 3116 #
2021/0106(COD)
(b) AI intended to be used for making decisions on promotion and termination of work-related contractualaffecting the initiation, establishment, implementation and termination of an employment relationship, including AI systems intended to support collective legal and regulationships,ory matters, particularly for task allocation and for monitoring and evaluating performance and behavior of persons in such relationships.
Amendment 3122 #
2021/0106(COD)
Proposal for a regulation
Annex III – paragraph 1 – point 5 – point a
Annex III – paragraph 1 – point 5 – point a
(a) AI systems intended to be used by public authorities or on behalf of (semi-)public authorities to evaluateor private parties to evaluate or predict the lawful use by, or the eligibility of, natural persons, including the self employed and micro-enterprises, for public assistance, benefits and services and essential private services including but not limited to housing, electricity, heating/cooling, finance, insurance and internet, as well as to grant, reduce, revoke, or reclaim such benefits and services or set payment obligations related to these services;
Amendment 3127 #
2021/0106(COD)
Proposal for a regulation
Annex III – paragraph 1 – point 5 – point b
Annex III – paragraph 1 – point 5 – point b
Amendment 3132 #
2021/0106(COD)
Proposal for a regulation
Annex III – paragraph 1 – point 5 – point b
Annex III – paragraph 1 – point 5 – point b
(b) AI systems intended to be used to evaluate the creditworthiness of natural persons or establish their credit score, with the exception of AI systems put into service by small scale providers for their own use;
Amendment 3151 #
2021/0106(COD)
Proposal for a regulation
Annex III – paragraph 1 – point 6 – point a
Annex III – paragraph 1 – point 6 – point a
Amendment 3152 #
2021/0106(COD)
Proposal for a regulation
Annex III – paragraph 1 – point 6 – point a
Annex III – paragraph 1 – point 6 – point a
Amendment 3159 #
2021/0106(COD)
Proposal for a regulation
Annex III – paragraph 1 – point 6 – point b
Annex III – paragraph 1 – point 6 – point b
Amendment 3161 #
2021/0106(COD)
Proposal for a regulation
Annex III – paragraph 1 – point 6 – point b
Annex III – paragraph 1 – point 6 – point b
Amendment 3174 #
2021/0106(COD)
Proposal for a regulation
Annex III – paragraph 1 – point 6 – point e
Annex III – paragraph 1 – point 6 – point e
Amendment 3175 #
2021/0106(COD)
Proposal for a regulation
Annex III – paragraph 1 – point 6 – point e
Annex III – paragraph 1 – point 6 – point e
Amendment 3181 #
2021/0106(COD)
Proposal for a regulation
Annex III – paragraph 1 – point 6 – point f
Annex III – paragraph 1 – point 6 – point f
Amendment 3185 #
2021/0106(COD)
Proposal for a regulation
Annex III – paragraph 1 – point 6 – point g
Annex III – paragraph 1 – point 6 – point g
Amendment 3191 #
2021/0106(COD)
Proposal for a regulation
Annex III – paragraph 1 – point 7 – point a
Annex III – paragraph 1 – point 7 – point a
Amendment 3192 #
2021/0106(COD)
Proposal for a regulation
Annex III – paragraph 1 – point 7 – point a
Annex III – paragraph 1 – point 7 – point a
Amendment 3198 #
2021/0106(COD)
Proposal for a regulation
Annex III – paragraph 1 – point 7 – point b
Annex III – paragraph 1 – point 7 – point b
Amendment 3202 #
2021/0106(COD)
Proposal for a regulation
Annex III – paragraph 1 – point 7 – point b
Annex III – paragraph 1 – point 7 – point b
(b) AI systems intended to be used by competent public authorities, or by third parties acting on their behalf, to assess a risk, including but not limited to a security risk, a risk of irregular immigration, or a health risk, posed by a natural person who intends to enter or has entered into the territory of a Member State;
Amendment 3212 #
2021/0106(COD)
Proposal for a regulation
Annex III – paragraph 1 – point 7 – point d
Annex III – paragraph 1 – point 7 – point d
(d) AI systems intended to assist competent public authorities for the examination and assessment of the veracity of evidence and claims in relation tof applications for asylum, visa and residence permits and associated complaints with regard to the eligibility of the natural persons applying for a status.
Amendment 3219 #
2021/0106(COD)
Proposal for a regulation
Annex III – paragraph 1 – point 7 – point d a (new)
Annex III – paragraph 1 – point 7 – point d a (new)
Amendment 3221 #
2021/0106(COD)
Proposal for a regulation
Annex III – paragraph 1 – point 7 – point d a (new)
Annex III – paragraph 1 – point 7 – point d a (new)
(d a) AI systems that are or may be used by or on behalf of competent authorities in law enforcement, migration, asylum and border control management for the biometric identification of natural persons;
Amendment 3223 #
2021/0106(COD)
Proposal for a regulation
Annex III – paragraph 1 – point 7 – point d b (new)
Annex III – paragraph 1 – point 7 – point d b (new)
(d b) AI systems intended to be used by, or on behalf of, competent authorities in migration, asylum and border control management to monitor, surveil, or process data in the context of border management activities for the purpose of recognizing or detecting objects and natural persons;
Amendment 3225 #
2021/0106(COD)
Proposal for a regulation
Annex III – paragraph 1 – point 7 – point d b (new)
Annex III – paragraph 1 – point 7 – point d b (new)
(d b) AI systems that are or may be used by or on behalf of competent authorities in law enforcement, migration, asylum and border control management for the biometric identification of natural persons;
Amendment 3227 #
2021/0106(COD)
Proposal for a regulation
Annex III – paragraph 1 – point 7 – point d c (new)
Annex III – paragraph 1 – point 7 – point d c (new)
(d c) AI systems intended to be used by, or on behalf of, competent authorities in migration, asylum and border control management to monitor, surveil or process data in the context of border management activities for the purpose of recognizing or detecting objects and natural persons;
Amendment 3245 #
2021/0106(COD)
Proposal for a regulation
Annex IV – paragraph 1 – point 1 – point a
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;
Amendment 3270 #
2021/0106(COD)
Proposal for a regulation
Annex IV – paragraph 1 – point 2 – point g
Annex IV – paragraph 1 – point 2 – point g
(g) the validation and testing procedures used, including information about the validation and testing data used and their main characteristics; metrics used to measure accuracyperformance, robustness, cybersecurity and compliance with other relevant requirements set out in Title III, Chapter 2 as well as potentially discriminatory impacts; test logs and all test reports dated and signed by the responsible persons, including with regard to pre-determined changes as referred to under point (f).
Amendment 3272 #
2021/0106(COD)
Proposal for a regulation
Annex IV – paragraph 1 – point 3
Annex IV – paragraph 1 – point 3
3. Detailed information about the monitoring, functioning and control of the AI system, in particular with regard to: its capabilities and limitations in performance, including the degrees of accuracy for specific persons or groups of persons on which the system is intended to be used and the overall expected level of accuracy in relation to its intended purpose or reasonably foreseeable use ; the foreseeable unintended outcomes and sources of risks to health and safety, fundamental rights and discrimination in view of the intended purpose or reasonably foreseeable use of the AI system; the human oversight measures needed in accordance with Article 14, including the technical measures put in place to facilitate the interpretation of the outputs of AI systems by the users; specifications on input data, as appropriate;
Amendment 3282 #
2021/0106(COD)
Proposal for a regulation
Annex IV – paragraph 1 – point 8 a (new)
Annex IV – paragraph 1 – point 8 a (new)
8 a. Without prejudice to Article 9(2), a detailed description of the economic and social implications and potential risks for health, and in particular mental health, safety and fundamental rights arising from the hypothetical widespread usage of the AI system or of similar systems in society, with reference to past incidents that occurred using similar systems and associated mitigating measures.
Amendment 3287 #
2021/0106(COD)
Proposal for a regulation
Annex VII – point 4 – point 4.7
Annex VII – point 4 – point 4.7
4.7. Any change to the AI system that could affect the compliance of the AI system with the requirements or its intended purpose or reasonably foreseeable use shall be approved by the notified body which issued the EU technical documentation assessment certificate. The provider shall inform such notified body of its intention to introduce any of the above-mentioned changes or if it becomes otherwise aware of the occurrence of such changes. The intended changes shall be assessed by the notified body which shall decide whether those changes require a new conformity assessment in accordance with Article 43(4) or whether they could be addressed by means of a supplement to the EU technical documentation assessment certificate. In the latter case, the notified body shall assess the changes, notify the provider of its decision and, where the changes are approved, issue to the provider a supplement to the EU technical documentation assessment certificate.
Amendment 3288 #
2021/0106(COD)
Proposal for a regulation
Annex VIII – title
Annex VIII – title
INFORMATION TO BE SUBMITTED UPON THE REGISTRATION OF HIGH- RISK AI SYSTEMS AND OF CERTAIN AI SYSTEMS, USES THEREOF, AND USES OF AI SYSTEMS BY PUBLIC AUTHORITIES IN ACCORDANCE WITH ARTICLE 51
Amendment 3290 #
2021/0106(COD)
Proposal for a regulation
Annex VIII – paragraph 1
Annex VIII – paragraph 1
The following information shall be provided and thereafter kept up to date by the provider with regard to high-risk AI systems referred to in Article 6(2) and to any AI system referred to in Article 52 1(b) and (2) to be registered in accordance with Article 51(1).
Amendment 3293 #
2021/0106(COD)
Proposal for a regulation
Annex VIII – paragraph 1 a (new)
Annex VIII – paragraph 1 a (new)
Amendment 3295 #
2021/0106(COD)
Proposal for a regulation
Annex VIII – paragraph 1 b (new)
Annex VIII – paragraph 1 b (new)
The following information shall be provided and thereafter kept up to date by the user with regard to uses of AI systems by public authorities to be registered in accordance with Article 51(3). (a) Name, address and contact details of the user;(b) Where submission of information is carried out by another person on behalf of the user, the name, address and contact details of that person; (c) Name, address and contact details of the authorised representative, where applicable; (d) For high-risk AI systems, URL of the entry of the AI system in the EU database by its provider, or, for non-high risk systems, AI system trade name and any additional unambiguous reference allowing identification and traceability of the AI system; (e) Description of the intended purpose of the intended use of the AI system; (f) Description of the context and the geographical and temporal scope of application, geographic and temporal, of the intended use of the AI system; (g) Basic explanation of design specifications of the system, namely the general logic of the AI system and of the algorithms;the key design choices including the rationale and assumptions made, also with regard to categories persons or groups of persons on which the system is intended to be used;the main classification choices;and what the system is designed to optimise for and the relevance of the different parameters. (h) Designation of persons foreseeably impacted by the intended use of the AI system; (i) If available, results of any impact assessment or due diligence process regarding the use of the AI system that the user has conducted; (j) Assessment of the foreseeable impact on the environment, including but not limited to energy consumption, resulting from the use of the AI system over its entire lifecycle, and of the methods to reduce such impact; (k) A description of how the relevant accessibility requirements set out in Annex I to Directive 2019/882 are met by the use of the AI system.
Amendment 3300 #
2021/0106(COD)
Proposal for a regulation
Annex VIII – point 5
Annex VIII – point 5
5. Description of the intended purpose or reasonably foreseeable use of the AI system;
Amendment 3307 #
2021/0106(COD)
Proposal for a regulation
Annex VIII – point 11
Annex VIII – point 11
11. Electronic instructions for use; this information shall not be provided for high-risk AI sy as listed in Article 13(3) and basic explanation of the general logic and key design as listemsd in the areas of law enforcement and migration, asylum and border control management referred toAnnex IV point 2(b) and of optimization choices as listed in Annex III,V points 1, 6 and 7 (3).
Amendment 3308 #
2021/0106(COD)
Proposal for a regulation
Annex VIII – point 11 a (new)
Annex VIII – point 11 a (new)
11 a. Assessment of the environmental impact, including but not limited to resource consumption, resulting from the design, data management and training, and underlying infrastructures of the AI system, and of the methods to reduce such impact;
Amendment 3309 #
2021/0106(COD)
Proposal for a regulation
Annex VIII – point 11 b (new)
Annex VIII – point 11 b (new)
11 b. A description of how the system meets the relevant accessibility requirements of Annex I to Directive 2019/882.
Amendment 1 #
2020/2216(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Highlights that European leadership can be a realitythe EU must ensure its digital sovereignty and strategic autonomy in the digital field by leading the way in developing and using trustworthy and human-centric AI technologies and applications that benefit people and society as a whole, while at the same time ensuring a high level of transparency, data protection, ethical standards, digital and fundamental rights protection, and defining global standards in these areas; notes that a second wave of digitalisation based on industrial data lies ahead; underlines that a common EU approach can make Europe the most innovative region in the world by 2030sustainable approach to technologies creates a competitive edge and can make Europe the most innovative region in the world by 2030 by developing and deploying cutting-edge, transparent, ethical and secure AI technologies and applications on the basis of the Union's values; underlines that tackling the digital divide and digital literacy is key for Europe to be at the forefront of this second digitalisation wave; stresses that the EU can only reap the full benefits of AI technologies if it is available and accessible to all;
Amendment 9 #
2020/2216(INI)
1 a. Emphasizes the need to further support the uptake by the public sector and the EU industry, notably SMEs and start-ups, of advanced digital and related technologies, including in particular high performance computing, artificial intelligence, cybersecurity as well as other leading edge and future technologies, such as distributed ledgers;
Amendment 12 #
2020/2216(INI)
Draft opinion
Paragraph 1 b (new)
Paragraph 1 b (new)
1 b. Welcomes the seven key principles and the objectives put forward by Member States in the Berlin Declaration on Digital Society and Value-based Digital Government which represent an important step towards fair, inclusive and cooperative digital modernisation of the public sector, as well as their commitment to strengthen digital participation and digital inclusion so as to foster a value- based digital transformation by promoting fundamental rights and democratic values, encouraging digital empowerment and literacy, and ensuring security, sustainability, and technological sovereignty in the digital sphere; emphasises that public authorities and institutions of Member States must lead by example to strengthen the tenets of the European Union by implementing the principles of the Berlin Declaration in the digital sphere; calls on the Commission to support, promote and extend the principles and objectives of the Berlin Declaration with policy initiatives at the European level; calls on the Commission to support the achievement of these key principles and the implementation of the actions and measures by means of funds provided by the Multiannual Financial Framework (MFF) and by Next Generation EU (NGEU)for digital transformation;
Amendment 15 #
2020/2216(INI)
Draft opinion
Paragraph 1 c (new)
Paragraph 1 c (new)
1 c. Recognizes that trust is essential for the development and implementation of AI technologies and applications; underlines that clear regulatory requirements need to ensure algorithmic transparency of AI technologies and applications which often comprise potential risks, such as opaque decision- making black box effects and biased data sets; underlines that black-box algorithms that entail inexplicable decisions are unacceptable in any sector, especially in a context where AI decision-making has an impact on life or death and the consequences of algorithmic failure could be grave; stresses that the traceability of AI systems should be ensured and that explainability of the algorithmic decision- making process and human oversight should be provided, especially concerning high risk applications of AI; recalls that humans must always be able to review and reverse automated decisions;
Amendment 18 #
2020/2216(INI)
Draft opinion
Paragraph 1 d (new)
Paragraph 1 d (new)
1 d. Points out that this third industrial revolution will depend on raw materials, much like the first revolution did on coal and the second on oil; notes that in a high demand scenario, the EU would need 18 times more lithium by 2030 and 60 times more by 2050; stresses that demand for raw materials will increase sharply and that EU industries need to respect a binding due diligence mechanism; stresses that mining activities in third countries can be the source of intense pollution, affecting the quality of water, air and soil, and causing deforestation and loss of biodiversity; underlines that strategic autonomy is particularly relevant in the field of digitalisation and AI; stresses that data localisation in the EU is very important for its strategic autonomy and for the reduction of emissions of the EU;
Amendment 20 #
2020/2216(INI)
Draft opinion
Paragraph 1 e (new)
Paragraph 1 e (new)
1 e. Recognises the complexities of the digital sphere and the broad impact of the digitalisation process on the society, the economy and the environment of the EU, as well as the need for an ex-ante broad dialogue and democratic scrutiny in order to develop principles, frameworks and instruments that combat potential dangers associated with these technologies in full respect of human rights, and to confront disinformation and technophobia; calls for the reinforcement of the digital policy dialogue with citizens to promote social cohesion and active participation of civil society in democratic political discourse;
Amendment 22 #
2020/2216(INI)
Draft opinion
Paragraph 1 f (new)
Paragraph 1 f (new)
1 f. Recognises that 5G is expected to give rise new opportunities for citizens and businesses, through faster browsing, streaming, downloading, as well as better connectivity, which will play a fundamental role in achieving a European gigabit society by 2025; regrets, however, that the Commission has failed to conduct an ex-ante health and environmental impact assessment report on 5G so far, despite warnings being highlighted by many members in the scientific community; underlines the need to bring together researchers from different disciplines, in particular medicine and physics or engineering, to conduct further research into the potential effects of 5G; recalls that the EU should adhere to its own commitments by exercising the precautionary principle with regards to the future deployment of 5G across the bloc, which involves potentially taking preventive action in the face of uncertainty or possible risk; points out that a broad and inclusive debate will ultimately contribute to creating trust among citizens regarding the actions towards continuous development of the mobile networks; calls for an EU communication strategy that provides EU citizens with reliable information as well as awareness raising campaigns regarding 5G and EMF; stresses the importance of counteracting the spread of disinformation related to 5G networks, in particular to false claims that such networks are linked to COVID-19;
Amendment 23 #
2020/2216(INI)
Draft opinion
Paragraph 1 g (new)
Paragraph 1 g (new)
1 g. Stresses that the quality of the data sets used is paramount to the performance of AI technologies; is concerned about the risks of biases and discrimination in the development, deployment and use of AI technologies, especially in high risk sectors; highlights that biases inherent to underlying datasets are inclined to gradually increase and thereby perpetuate and escalate existing socially constructed discrimination against women, ethnic minorities, or racialized communities; calls on the Commission and the Member States to take any possible measure to avoid such biases and to ensure the full protection of fundamental rights; stresses that those data sets should be auditable by national supervisory authorities whenever called upon to ensure their conformity with clear quality standards; stresses that human oversight infrastructure must be developed before the implementation of AI technologies in high risk sectors, especially in health and include gender equality experts;
Amendment 24 #
2020/2216(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Recognises that the EU has an enormously strong SME sector; recalls that this second wage of digitalisation could lead to a strong industrial development of SMEs; calls for a goal of 500 digital unicorns within 10 yearSMEs are the backbone of the European economy and play a key role in developing and implementing digitalisation of the EU industries, economy and society; recalls that this second wage of digitalisation could lead to a strong industrial development of SMEs; regrets that only 17 % of SMEs have so far successfully integrated digital technology into their businesses; calls on the Commission to further support the European Digital Innovation Hubs, which could constitute an effective way to reduce the digital divide, namely by assisting SMEs and start-ups in simplifying access to funding and using digital technology to improve their business operations, production processes, products and services, as well as by supporting testing, match making, industry mapping, providing training and business intelligence, increasing awareness, supporting standard development and networking; points out that the network of European Digital Innovation Hubs should ensure a broad geographical coverage across Europe, including remote, rural and island areas; highlights the need to increase opportunities for SMEs as regards their capacity to adopt innovative technologies and to reduce digital imbalances in terms of capabilities and infrastructure in smaller cities and rural and remote areas; suggests that, like climate mainstreaming, a digital roadmap could be elaborated, to plan a digital transition in a fair, redistributive way for companies and territories;
Amendment 37 #
2020/2216(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Emphasises that the COVID crisis provides an opportunity to speed up digitalisation; calls for financial incentives for SMEs that want to enter new markets; increase the resilience of the EU supply chains and speed up technology dissemination and digitalisation of the EU industries, economy and society; emphasises, however, that the COVID-19 pandemic has also exposed digital divides among EU countries and among social groups within the same country by putting many citizens at risk of being left behind in the transition towards a digitalised society; highlights that the level of digitalisation of EU industry varies across sectors, particularly among high tech areas and more traditional ones, and also among Member States and regions; calls for financial incentives for SMEs that want to enter new markets; expresses concern regarding the difficulties in accessing EIB funding lines faced by most SMEs and start-ups, particularly those with limited capitalisation, and calls for access requirements to consider the need for improving the digital and AI capabilities of SMEs; recalls the importance of the Digital Europe Programme and other EU Programmes such us Horizon Europe in improving the digital and AI capabilities of SMEs and accelerating the adoption of AI technologies in EU industries;
Amendment 62 #
2020/2216(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Calls on the Commission to stop funding big companies and distributing the remaining funds by a shotgun approach; calls for winnerbeneficiaries to be picked and grown larger; suggests prioritising future areas for digital economic structures; recognises that there are still significant disparities between large companies and SMEs regarding the integration of digital technologies in their business operations; regrets the current lack of innovative capacity of SMEs due to a lack of necessary risk capital, the costs and complexities of administrative procedures, a shortage of adequate skills and lack of access to information; suggests in this regard to undertake actions in order to strengthen access to credit for SMEs including for micro-enterprises and start- ups;
Amendment 66 #
2020/2216(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
Amendment 71 #
2020/2216(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. DHighlights the substantial investment gap faced by digital innovations which represents an important obstacle for the successful scale-up of digital startups; demands an end to the exodus of start-ups that do not receive follow-up- funding in Europe but find it elsewhere; takes note of the Digital Innovation and Scale-up Initiative which is setting up the first regional investment facility that specifically targets digital innovations and the scale-up of digital startups in the CESEE region; calls for the development of similar EU initiatives aiming to leverage funding and competencies, to enhance financing and the access to advisory services for early stage and scale-up of innovative, high- risk deep tech startups with high growth potential, to offer technical assistance to public agencies, to strengthen their capacity to design, develop and implement digital innovation programs and to strengthen strategic investments in the enabling environment for digital innovations and entrepreneurship, with a focus on cross border digital infrastructure and digital skills projects;
Amendment 76 #
2020/2216(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Calls for massive investment in clusters of excellence through which smart industry initiatives can be researched, developed, implemented and monitored in an organized and trackable manner;
Amendment 86 #
2020/2216(INI)
Draft opinion
Paragraph 8
Paragraph 8
8. Demands measures and strong incentives to end to the brain drain and attract the best minds to the EU; recommends sufficient investments in public research, in particular for salaries of researchers;
Amendment 101 #
2020/2216(INI)
Draft opinion
Paragraph 9
Paragraph 9
9. Recognises that AI deployment is key to European competitiveness in the digital era; highlights that to facilitate the uptake of AI in Europe, a common European approach is needed to avoid internal market fragmentation; underlines that only a fully harmonised trustworthy and human-centric AI regulatory framework will have the potential to become a legislative benchmark at an international level;
Amendment 104 #
2020/2216(INI)
Draft opinion
Paragraph 9 a (new)
Paragraph 9 a (new)
9 a. Underlines that interoperability facilitates cross-border cooperation, promoting European standards as well as successful implementation of policies, and has the potential to decisively contribute to avoid cross-border electronic barriers, further securing the emergence of new, or the consolidation of developing, common public services at the Union level; recalls that in order to eliminate fragmentation of European services, to support fundamental freedoms and operational mutual recognition in the EU, a holistic cross-sector and cross-border approach to interoperability should be promoted in the manner that is the most effective, and the most responsive to end-users;
Amendment 107 #
2020/2216(INI)
Draft opinion
Paragraph 9 b (new)
Paragraph 9 b (new)
9 b. Recalls that the digitalisation of public administrations and services is crucial to reducing administrative burden on EU industry, including SMEs, and on citizens in general by making their interactions with public authorities faster, more convenient and less costly, as well as by increasing the efficiency, transparency and the quality of the services provided, while at the same time increasing the efficiency of public spending; recommends, in line with the principle of strategic autonomy, the use of Open- Source Software or EU software in public administrations of the EU; stresses that common standards, modular architectures and the use of Open-Source Software in the public sector are facilitators for deploying and developing strategic digital tools and capacities while increasing trust and secure transparency; stresses that software, data and tools generated by the public sector or publicly funded should be reusable and openly accessible as long as this is compliant with fundamental rights;
Amendment 113 #
2020/2216(INI)
Draft opinion
Paragraph 10
Paragraph 10
10. Considers that access to big data is key for the development of AI; calls for a new approach to data regulation; emphasises the need to ensure that any future AI legislation should take into account and comply with already existing rules enshrined in Union law and the CJEU’s case law; stresses that data localisation in the EU represents an important step towards strategic autonomy and reduction of emissions of the EU; strongly believes the regulation on data governance should include an obligation to process data in the EU, including an obligation of establishment within the EU for intermediaries; recalls the Court of Justice of the European Union ruling on the Schrems II case C- 311/18, from July 16, 2020;
Amendment 121 #
2020/2216(INI)
Draft opinion
Paragraph 10 a (new)
Paragraph 10 a (new)
10 a. Stresses that it is imperative that workers be properly trained in how to exercise their right to respect for their personal data; calls on the Commission to present a revision of the GDPR in order to adopt more specific measures to ensure the protection of workers' rights and freedoms;
Amendment 124 #
2020/2216(INI)
Draft opinion
Paragraph 10 b (new)
Paragraph 10 b (new)
10 b. Stresses that privacy and data protection must be guaranteed at all stages of the AI system’s life cycle; emphasises that any future AI legislative initiative should allow individuals to have full control over their own data and that data concerning them will not be used to harm or discriminate against them on the basis of sex, race, colour, ethnic or social origin, language, religion, sexual orientation, political view or belief;
Amendment 125 #
2020/2216(INI)
Draft opinion
Paragraph 10 c (new)
Paragraph 10 c (new)
10 c. Underlines the specificity of the health sector; agrees with the Commission that citizens should have secure access to a comprehensive electronic record of data concerning their health and that they should retain control over personal data concerning their health and be able to share it securely with authorised third parties, while unauthorised access should be prohibited, in compliance with data protection legislation; furthermore affirms that data should be stored on secure local servers and processed by independent bodies; stresses that insurance companies or any other service provider should not be allowed to use data from e-health applications for the purpose of discriminating in the setting of prices, as this would violate the fundamental right of access to health;
Amendment 130 #
2020/2216(INI)
Draft opinion
Paragraph 11
Paragraph 11
11. Warns against overregulating AIHighlights the need to ensure that AI be developed and applied within an appropriate EU common regulatory framework which promotes innovation and respects the Union's values and fundamental rights as well as ethical principles such as accountability and transparency; recalls that regulation must be proportional, balanced, agile, future- proofed, permanently evaluated, and based on soft regulation except for high-risk area; calls for an appropriate level of regulation, especially for high-risk areas; stresses that legal certainty fosters technological development and public confidence in new technologies which is essential for the rapid digitalisation of the EU industries, economy and society; points out that an ambitious regulatory framework can stimulate innovation in the AI sector by setting clear limits and standards, in particular for SMEs; considers that the risk based approach shouldn't be limited to 'high risk' and 'low risk' AI applications but should rather be proportionally scaled to the level of risks to coincide with the variety of AI applications, the sector concerned and related risks;
Amendment 137 #
2020/2216(INI)
Draft opinion
Paragraph 11 a (new)
Paragraph 11 a (new)
11 a. Considers that biometric data should be classified in the highest category of the risk level scale proposed by the Commission given its specific and extremely sensitive nature as well as its potential misuses; strongly believes that the use of biometric data should be subject to specific safeguards such as the informed and explicit consent of their owner, who should have the right to access effective remedies in case of misuse of such data;
Amendment 147 #
2020/2216(INI)
Draft opinion
Paragraph 12
Paragraph 12
12. CStresses that the Union's sovereignty and strategic autonomy require massive investment in research and innovation, in particular high-quality public research and development and innovation, namely in key enabling technologies and disruptive innovative solutions; recalls that the Member States must uphold their commitment to invest 3% of their GDP in research and development, in order to ensure the Union’s strategic autonomy in the digital field; calls for a European Disruptive Innovation Agency which concentrates on first stage research. ;
Amendment 150 #
2020/2216(INI)
Draft opinion
Paragraph 12 a (new)
Paragraph 12 a (new)
12 a. Stresses that cybersecurity is an essential element of the digital transformation of EU industry and society; underlines that the protection of networks and essential infrastructures is crucial and that strong measures must be taken and highest cybersecurity standards should be established to prevent security breaches, data leaks, data poisoning, cyber-attacks and the misuse of personal data; underlines that effective protection requires EU and national institutions to work together with the support of ENISA to ensure the security, integrity, resilience and sustainability of critical infrastructures and electronic communication networks, in particular 5G networks; calls for the need to implement a coordinated approach, based on the relevant key measures recommended in the 5G cybersecurity toolbox to address the security challenges related to these technologies and to identify effective common methodologies and tools to mitigate risks related to 5G networks; stresses the importance of European technological sovereignty when it comes to cybersecurity of future electronic communication networks; calls for the application, when necessary, of all relevant restrictions on high-risk suppliers for key assets defined as critical and sensitive in the Union’s coordinated risk assessments; reaffirms the importance for the Member States to consider the need to diversify suppliers in order to avoid or limit major dependency on a single supplier; calls on the Commission to explore the use of blockchain-based cybersecurity protocols and applications to improve the resilience, trustworthiness and robustness of AI infrastructures;
Amendment 154 #
2020/2216(INI)
Draft opinion
Paragraph 12 b (new)
Paragraph 12 b (new)
12 b. Welcomes the intention of the Commission to expand the sectoral scope of the services to be covered by the bloc’s cybersecurity rules and to set clear-cut requirements to determine which entities are to be covered within the sectors falling in the NIS scope, as part of the review of the Network and Information Security directive; emphasises the need to transform the directive into regulation, as a means to address the problems of fragmentation that has occurred across Member States, to confront increased cyber threats across the bloc and to bridge the gaps between member state implementation;
Amendment 157 #
2020/2216(INI)
Draft opinion
Paragraph 12 c (new)
Paragraph 12 c (new)
12 c. Recognises that the increased usage of products and industrial devices connected to the internet will give rise to new risks for privacy, information and cybersecurity; points out that Union product safety legislation does not generally provide for specific mandatory essential requirements against cyber- threats affecting the safety of users; stresses that cybersecurity should be acknowledged as an essential requirement in product innovation, the production and development processes, including the design phase (security by design), and should be ensured by new cybersecurity standards throughout a product’s life cycle as well and across its supply chain; highlights that explicit provisions in this respect should be considered for the scope of the relevant EU legislation in order to ensure that the rapid uptake of these products comes with appropriate security and privacy safeguards, to provide better protection of users and increased legal certainty;
Amendment 159 #
2020/2216(INI)
Draft opinion
Paragraph 12 d (new)
Paragraph 12 d (new)
12 d. Underlines that to reap the full benefits of digitalisation, the Union must address digital literacy and skills for all; underlines that broad social inequality and exclusion are the fundamental cause of some of the AI sector's key challenges; calls on the Commission and the Member States to align the measures shaping the EUs digital transition with the Union’s goals on gender equality; recalls the need to address the gender gap in STEM in which women are still under-represented; calls on the Commission and the Member States to provide appropriate funding to programmes aimed at attracting women to study and work in STEM, to develop strategies aimed at increasing women’s digital inclusion, in fields relating to STEM, AI and the research and innovation sector, and to adopt a multi- level approach to address the gender gap at all levels of education and employment in the digital sector;
Amendment 160 #
2020/2216(INI)
Draft opinion
Paragraph 12 e (new)
Paragraph 12 e (new)
12 e. Recognises that the non- governmental sector plays an essential role in the digital transformation of EU society, as it represents an important part of the European economy and the digital market supporting acceptance, inclusion, poverty reduction, equality, protection of rights and harm reduction;
Amendment 25 #
2020/2058(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Acknowledges the actions taken in the transport sector to reduce specific emissionStresses that the transport sector needs to take urgent action in line with the EU's commitments under the Paris agreement to reduce emissions across all transport modes and stresses the need to strengthen support for research on and innovation in zero-emissions mobility solutions;
Amendment 35 #
2020/2058(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. Commits to a just recovery from the coronavirus crisis that ensures that funds are invested in the future, not the past; that conditions fiscal expansion to drive the shift to a green economy and make societies and people more resilient; that employs public funds to climate proof sectors and projects, thereby generating green jobs and sustainable growth; that incorporates climate risks and opportunities into the financial system, as well as aspects of public policymaking and infrastructure; and that guarantees an end to fossil fuel subsidies and applies the polluter pays principle;
Amendment 37 #
2020/2058(INI)
Draft opinion
Paragraph 1 b (new)
Paragraph 1 b (new)
1 b. Calls for the strong support of transport and tourism sectors by the EU Recovery Plan of at least 20% of the total plan in line with the Union's commitments about carbon emissions reductions and sustainability;
Amendment 38 #
2020/2058(INI)
Draft opinion
Paragraph 1 c (new)
Paragraph 1 c (new)
1 c. Insists that all EU-supported investments be subject to the EU taxonomy for sustainable activities and the Paris-aligned and Climate Transition Benchmarks; calls on the Commission to propose a 'brown' taxonomy and enhanced social sustainability criteria;
Amendment 40 #
2020/2058(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Stresses that the Connecting Europe Facility (CEF) is a key enabler forcontributes to delivering the Green Deal, providing up to 80 % of its funding in transport to meet climate objectives; insists on a strong CEF and warns that financing the Sustainable Europe Investment Plan (SEIP) must not lead to financial reallocation that negatively affects the CEF;
Amendment 47 #
2020/2058(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Points out that transport projects require large-scale investment and therefore, that in order to attract investors, legal certainty and stable targets are crucial; stresses that the investments made so far must not be put at risk by shifting funding conditions and expects the SEIP to provide a realistic and future-proof support framework for investmentstowards decarbonisation are crucial in line with the EU's commitments under the Paris agreement; stresses that investments that undermine the achievement of EU's climate goals must not be realised in order to avoid a lock-in effect;
Amendment 71 #
2020/2058(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Considers that the EU and the Member States alreadydo not have at their disposal severalufficient tools for ensuring that the transport sector contributes to decarbonisation; strongly believes in this respect that the Member States should earmark revenue from taxes or fees and the EU EmissiEuropean Commission should propose the expansion of current tools such as the ETS and propose new ones Trading System related to transport tosuch as a border adjustment carbon tax in line with the "polluter pays" principle to further reduce emissions and foster investment in the sustainability of the relevant transport modes;
Amendment 14 #
2020/2038(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Reiterates the liaison between sustainable tourism and the restoration, preservation and promotion of cultural heritage both tangible and intangible, natural, man-made or mixed and the potential that this would untap for rural areas and local economies of member states;
Amendment 23 #
2020/2038(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Strongly believes that professional tourist guides play a vital role in promoting cultural heritage throughout the member states and therefore calls member states to ensure that their profession is properly recognized and enjoys adequate protection in the labour market;
Amendment 33 #
2020/2038(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Highlights the need for a strategy on sustainable tourism that will include robust supportive and recovery measures for the sector that was vastly hit by the measures against the pandemic of COVID-19;
Amendment 38 #
2020/2038(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Believes that pan-European or European cultural events and festivals with periodicity and the view to reignite and raise awareness on the significance of European culture present an added value for sustainable tourism purposes; urges the Commission to consider financing such initiatives;
Amendment 45 #
2020/2038(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Believes that certain aspects of Sustainable Tourism can play a fundamental role in highlighting the European elements of culture, such as cultural and traditional routes which can act as elements of protection and heritage management, as well as basis for solid transnational cooperation;
Amendment 1 #
2020/2035(INL)
Motion for a resolution
Citation 1
Citation 1
— having regard to Articles 2 and 3(3) of the Treaty on European Union and Article 8 of the Treaty on the Functioning of the European Union (TFEU),
Amendment 3 #
2020/2035(INL)
Motion for a resolution
Citation 4
Citation 4
— having regard to the Commission communication of 5 March 2020 entitled ‘A Union of Equality: Gender Equality Strategy 2020-2025’, in particular its first target on freeing women and girls from violence and stereotypes,
Amendment 28 #
2020/2035(INL)
Motion for a resolution
Citation 8
Citation 8
— having regard to the provisions of the United Nations legal instruments in the area of human rights, in particular those concerning women’s and children's rights, and to other United Nations instruments on violence against women and children,
Amendment 29 #
2020/2035(INL)
Motion for a resolution
Citation 8 a (new)
Citation 8 a (new)
— having regard to the UN Convention on the Rights of the Child (CRC) of 20 November 1989,
Amendment 30 #
2020/2035(INL)
Motion for a resolution
Citation 8 b (new)
Citation 8 b (new)
— having regard to General Comment No 13 of the Committee on the Rights of the Child of 18 April 2011 on the right of the child to freedom from all forms of violence,
Amendment 31 #
2020/2035(INL)
Motion for a resolution
Citation 8 c (new)
Citation 8 c (new)
— having regard to the UN Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) adopted on 18 December 1979,
Amendment 32 #
2020/2035(INL)
Motion for a resolution
Citation 8 d (new)
Citation 8 d (new)
— having regard to General recommendation No. 35 on gender-based violence against women, updating general recommendation No. 19 of the Committee on the Elimination of Discrimination against Women (CEDAW Committee),
Amendment 33 #
2020/2035(INL)
Motion for a resolution
Citation 8 e (new)
Citation 8 e (new)
— having regard to the 2030 Agenda for Sustainable Development which entered into force on 1 January 2016, and, in particular, to Sustainable Development Goal (SDG) 5 on gender equality,
Amendment 34 #
2020/2035(INL)
Motion for a resolution
Citation 8 f (new)
Citation 8 f (new)
— having regard to the Commission proposal of 4 March 2016for a Council decision on the conclusion, by the European Union, of the Council of Europe Convention on preventing and combating violence against women and domestic violence (COM(2016)0109),
Amendment 35 #
2020/2035(INL)
Motion for a resolution
Citation 8 g (new)
Citation 8 g (new)
— having regard to the United Nations Declaration on the Elimination of Violence against Women of 20 December 1993
Amendment 40 #
2020/2035(INL)
Motion for a resolution
Citation 12 a (new)
Citation 12 a (new)
— having regard to the report by the European Union Agency for Fundamental Rights (FRA)of 3 March 2014 entitled ‘Violence against women: an EU-wide survey’,
Amendment 62 #
2020/2035(INL)
Motion for a resolution
Recital A
Recital A
A. whereas gender equality is a fundamental value and a core objective of the EU, and should be reflected in all EU policies; whereas the right to equal treatment and non-discrimination is a fundamental right enshrined in the Treaties1a and the EU Charter of Fundamental Rights1b; whereas the first objective of the Union’s Gender Equality Strategy 2020- 2025 focuses on ending gender-based violence and describes it as ‘one of our societies’ biggest challenges’; , as it remains widespread and affects women at all levels of society, regardless of age, education, income, social background or country of origin or residence, and it is one of the most serious obstacles to achieving gender equality; _________________ 1aArticle 2 and Article 3(3) of the Treaty on European Union and Articles 8, 10, 19 and 157 of the Treaty on the Functioning of the European Union 1b Articles 21 and 23 of the EU Charter of Fundamental Rights
Amendment 69 #
2020/2035(INL)
Motion for a resolution
Recital B
Recital B
B. whereas violence against women and other forms of gender-based violence are widespread in the Union and are to be understood as an extreme form of discrimination; whereas gender-based violence is rooted in the unequal distribution of power between women and men, in sexism and gender stereotypes against women and a violation of human rights entrenched in gender inequality, which they contribute to perpetuate and reinforce; whereas gender-based violence is rooted in the unequal distribution of power between women and men, in established patriarchal structures and practices, in sexism and gender stereotypes on the roles and capabilities of women and men, which have led to domination over and discrimination against women by men;
Amendment 83 #
2020/2035(INL)
Motion for a resolution
Recital C
Recital C
C. whereas violence against women and gender-based violence present different but not mutually exclusive forms and manifestations; whereas those different forms ofgender-based cyber violence exists as an interaction between cyber violence and gender based violence and should be understood as the continuation and extension of offline gender-based violence in the online environment; whereas online violence areis often interlinked and inseparable from offline violence because they can precede, accompany or continue ithem;
Amendment 95 #
2020/2035(INL)
Motion for a resolution
Recital D
Recital D
D. whereas existing forms of gender- based cyber violence are constantly evolving and new forms are emerging due to the rapid development and deployment of digital technologies and applications; whereas cyber harassment, cyber stalking, cyber bullying, trolling, online hate speech, flaming, doxxing and, image- based sexual abuse are among the most common types of gender-based cyber, cyber trafficking, sexual exploitation, identity theft, dead-naming, grooming, deepfakes, fakeporn, revenge porn, defamation, humiliation, attacks on freedom of expression, are among the most common types of gender-based cyberviolence; whereas gender-based cyber violence can be perpetrated using a range of online communication channels and tools, including social media, web content, discussion sites, dating websites, comment sections, and gaming chat rooms; whereas many types of gender- based cyber violence can be perpetrated with far greater ease and scale than physical forms of gender-based violence; whereas some Member States have adopted specific legislation oncriminalising some of those particular forms only; whereas the Member States have adopted divergent legislative approaches to combating gender-based cyber violence and do not cover all aspects of the problem;
Amendment 107 #
2020/2035(INL)
Motion for a resolution
Recital D a (new)
Recital D a (new)
D a. whereas the existing EU legislation does not provide the mechanisms needed to address gender- based cyber violence adequately; whereas there is no common understanding of what cyber violence is or what gender- based cyber violence entails for the victims or society as a whole; whereas the absence of a harmonised definition of gender-based cyber violence in the EU leads to significantly differences on the extent to which Member States combat and prevent gender-based cyber violence, leaving wide disparities and fragmentation in protection among Member States, despite the cross-border nature of the violence;
Amendment 110 #
2020/2035(INL)
Motion for a resolution
Recital D b (new)
Recital D b (new)
D b. whereas AI applications can be used to generate fake content, such as ‘deepfakes’, which are growing exponentially and constitute an imminent threat to human rights and democracy; whereas the misuse of deepfakes can be particularly dangerous as it may be difficult for citizens to assess the credibility of such audiovisual content and material; whereas deepfake technology is often being used to create pornography without consent; whereas image-based sexual abuse such as fake- porn photos and videos are often being weaponized to harass and humiliate women and whereas this has severe impact on their sexual, physical and psychological health as well as on their economic and social well-being;
Amendment 111 #
2020/2035(INL)
Motion for a resolution
Recital D c (new)
Recital D c (new)
Amendment 112 #
2020/2035(INL)
Motion for a resolution
Recital D d (new)
Recital D d (new)
D d. whereas technology can also facilitate intimate partner violence and domestic violence; whereas men often use, among others, phones and social networks to control, harass, humiliate and exercise other forms of violence against their partners or ex-partners; whereas revenge porn is a growing form of intimate partner violence, and the number of websites that disseminate such content is also on the increase; whereas the consequences of revenge porn can be sexual, (as the sexual encounter was recorded and/or disseminated without consent), psychological (for the impact of having their private life become public), and economic (as the image-based sexual abuse may potentially compromise the present and future professional life of victims); whereas a significant number of victims of revenge porn commit suicide;
Amendment 113 #
2020/2035(INL)
Motion for a resolution
Recital D e (new)
Recital D e (new)
D e. whereas major porn websites are currently on the spotlight due to several cases of illegal content that they disseminate and benefit from economically, including videos of trafficked women and children, videos of raped and abused women, secretly filmed videos, and videos shared without the consent of the women who were recorded; whereas the dissemination of private content and particularly of sexual assaults online brings an additional traumatic element to the violence, often with dramatic consequences, including suicide;
Amendment 114 #
2020/2035(INL)
Motion for a resolution
Recital E
Recital E
E. whereas, in order to address the issue of the eradication of gender-based violence, including of gender-based cyber violence it is necessary to rely on consistent and comparable administrative data, based on a robust and coordinated framework of data collection; whereas the Istanbul Convention and the Victims’ Rights Directive require Member States to report statistical data and to produce gender-disaggregated data; whereas, despite a growing awareness of the phenomenon of gender- based cyberviolence, the lack of collection of exhaustive and recentharmonised definition and of collection of recent comprehensive, comparable and gender- disaggregated data and the underreporting of cases of gender-based cyberviolence prevents an accurate assessment of its prevalence; whereas without an accurate view of the prevalence of gender-based cyber violence, and its several forms, the gravity of the problem remains significantly unquantified and unmapped and is consistently underestimated; whereas available studies show that cyberviolence disproportionately affects women and girls, both in terms of the extent and types of harmful activities 1a; whereas the survey by the European Union Agency for Fundamental Rights (FRA) on violence against women indicates that one in ten women have already experienced a form of cyber violence since the age of 15; whereas the European added value assessment on gender-based cyberviolence estimates that between 4 and 7% of women in the Union have experienced cyber harassment during the past 12 months, while between 1 and 3% have experienced cyber stalking; whereas there is a need to adequately assess the impact of cyberviolence on victims, and to understand the mechanisms that allow men to perpetrate this form of gender-based violence, in order to ensure redress, accountability and prevention; _________________ 1aReport of the Special Rapporteur on violence against women”, Human Rights Council, 2018
Amendment 140 #
2020/2035(INL)
Motion for a resolution
Recital G
Recital G
G. whereas some women, such as politicians, women in public positions, journalists, bloggers and, human rights defenders, and other public figures are particularly impacted by gender-based cyberviolence, and whereas this is causing not only reputational damage, psychological harm and suffering to them but also deterring them from participating digitallcan lead to disruptions to a victim’s living situation, invasions of privacy, silencing or withdrawal from the online environment, and damage to personal relationships deterring them from participating digitally in political, social and cultural life; whereas even if the victims do not completely withdraw from social media and public appearances, they may opt to keep a low profile to avoid drawing any attention, and thereby further violence and this can remove female voices and opinions and worsen an already present gender inequality in political, social and cultural life;
Amendment 151 #
2020/2035(INL)
Motion for a resolution
Recital H
Recital H
H. whereas gender-based cyberviolence impacts on mental, sexual, physical and psychological health, on the full exercise of fundamental rights and even on democracy, and has dire consequences on society, including an negative economic impact; , such as withdrawal from the public debate, costs incurred for seeking legal and healthcare assistance, labour market impacts in terms of lower presence at work, risks of job loss or lower productivity and reduced quality of life due to poor mental health itself; whereas some of these impacts compound other forms of discrimination faced by women exacerbating existing discriminations and inequalities;
Amendment 157 #
2020/2035(INL)
Motion for a resolution
Recital H a (new)
Recital H a (new)
H a. whereas according to the Council of Europe half of the world’s students aged 13-15 have experienced violence in and around school, and nearly one in three have experienced bullying or been involved in fights; whereas at least 12.5% of school bullying cases are done online; whereas young people are now increasingly connected to social networks at an earlier age; whereas these forms of violence reinforce the weight of social inequalities because it is often the most disadvantaged young people who are the target; whereas according to UNICEF, girls are twice as harassed as boys;
Amendment 165 #
2020/2035(INL)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Underlines that gender-based cyberviolence is a continuum of gender- based violence offline and that no policy alternative will be effective unless it takes this reality into consideration; stresses that the existing EU legislation does not provide the mechanisms needed to address gender-based cyber violence adequately; regrets that the absence of a harmonised definition of gender-based cyber violence in the EU leads to significantly differences on the extent to which Member States tackle and prevent gender- based cyber violence, leaving wide disparities in protection, support and compensation of the victims among Member States; underlines that a harmonised definition of gender-based cyberviolence would facilitate the work of analysing the various forms of cyberviolence and counteracting the phenomenon; stresses that the concept of cyber violence should not be limited to the use of computer systems, but should remain broad, thereby covering the use of ICT to cause, facilitate or threaten violence against individuals; recalls that the root causes of all types of gender- based violence, including gender-based cyberviolence are the same and therefore it's important to ensure that laws and policies address them holistically;
Amendment 179 #
2020/2035(INL)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Welcomes the Union’s Gender Equality Strategy 2020-2025 put forward by the Commission as a tool to combat violence against women and gender-based violence and to tackle the root causes of it; underlines that gender-based cyberviolence is deeply rooted in power dynamics, economic imbalances and patriarchal attitudes that foster the idea of women’s inferiority to men; calls on the Member States to address its root causes and to tackle established attitudes, gender roles and stereotypes that make violence against women acceptable; calls on the Commission to develop harmonized legal definitions of gender-based cyberviolence; calls on the Commission to ensure cyberviolence is also addressed, including the forms it takes through the sex industry; calls on the Commission and on the Member States to put an end to the pornography industry built based on sex trafficking, rape and other forms of assault and abuse of women and children; calls on the Commission and Member States to include misogyny in the forms of hate speech, and misogynistic assaults in hate crimes;
Amendment 187 #
2020/2035(INL)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Stresses that the COVID-19 pandemic has been associated with an exponential increased in the risk of domestic violence and abuse because victims are forced to spend more time with perpetrators and they tend to be more isolated from support networksprevalence and intensity of cases of domestic violence and abuse, including gender-based cyberviolence, as even more of people's social lives have shifted online and because victims are forced to spend more time with perpetrators and they tend to be more isolated from support networks; stresses that the alarming upsurge of the “shadow pandemic” made it difficult for women to access effective protection, support services and justice, and revealed insufficient support resources and structures, leaving many of them without adequate and timely protection; calls on the Commission to facilitate reporting channels and to develop an EU protocol on violence against women in times of crisis and emergency to prevent violence against women; calls on Member States to increase the assistance they offer through shelters, helplines and support services to protect victims and facilitate the reporting of gender-based violence, as well as redress;
Amendment 199 #
2020/2035(INL)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Underlines the transnational nature of gender-based cyberviolence, considering the cross-border dimension of the use of ICT; calls for the EU institutions, agencies and bodies, as well as the Member States and their law enforcement agencies, to cooperate and take concrete steps to coordinate their actions to counter the use of ICT to commit crimes, including online sexual harassment and trafficking in human beings for the purpose of sexual exploitation;
Amendment 211 #
2020/2035(INL)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Calls on the Member States to promote awareness raising, to implement national criminal justice laws and specific policies and programmes to prevent gender-based cyberviolence and to fight against impunity for those who commit such acts; recalls that the Budapest, Lanzarote and Istanbul Conventions require the criminalisation of specific conduct that includes or entails violence against women and children, such as gender based cyberviolence; calls on the Commission and the Member States to increase their funds devoted to raising awareness campaigns and combat gender- based violence and gender stereotypes, educate men and boys in how to behave towards women and girls online, to make a responsible and respectful use of technology, and ensure women’s continued freedom of expression and meaningful participation in public discourse; calls for funds and campaigns to raise awareness of women and girls on how to secure their accounts and communication, to warn them about potential harassers and aggressors, and to inform them about their rights and about how to seek help in case of an incident; considers, in addition, that companies and developers should address gender-based online violence and abuse on their infrastructures through effective reporting and suspension mechanisms; underlines that due to anonymity granted by the cyber sphere, ensuring accountability of perpetrators of cyberviolence against women is particularly difficult; calls on the Member States to invest the necessary resources and to implement efficient measures that will ensure accountability of perpetrators of cyberviolence against women; calls on the Commission to analyse the use of advertisements or online postings to lure women into potentially harmful situations such as getting involved in the sex industry;
Amendment 222 #
2020/2035(INL)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. Calls on the member States to provide mandatory and continuous capacity building, education and training for all relevant professionals, including but not limited to law-enforcement professionals, criminal justice actors, members of the judiciary, health-care professionals, asylum officials, social service professionals and education professionals, to equip them with knowledge on gender-based cyberviolence, responding to women and girls as victims without causing secondary victimisation and re-traumatisation, and, where relevant, information on existing legal frameworks and international cooperation mechanisms relating to the gender-based cyberviolence as well as on the gathering and securing of electronic evidence; calls for the development of training tools for the police force, the justice system and the information and communication technology sector to empower law enforcement agencies to effectively investigate and prosecute malicious attackers and support the victims of gender-based cyberviolence;
Amendment 232 #
2020/2035(INL)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Urges the Commission and the Member States to establish a reliable system for regularly collecting statistical harmonised, disaggregated and comparable EU-wide data on gender-based violence, including cyberviolence making full use of the capacity and expertise of EIGE, Eurostat, Europol and ENISA; recommends that these datasets should be gathered and analysed through an intersectional lens and should include the profiles of perpetrators, their relationship with the victim, the means of perpetrations, the number of reported cases, the number of prosecuted cases and the number of condemnations, disaggregated by the sex/identified gender and age of the victim; notes the Commission’s commitment to carry out a new EU survey on gender-based violence with results to be presented in 2023;
Amendment 241 #
2020/2035(INL)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6 a. Urges the Commission and the Member States to provide appropriate funding for the development of AI solutions that prevent and combat several forms of gender-based cyber violence; calls on the Commission to set up adequate transparency obligations for AI applications that generate or manipulate audiovisual content (i.e. deepfakes), and disclose when content has been artificially altered;
Amendment 243 #
2020/2035(INL)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Notes that inter alia stress, concentration problems, anxiety, panic attacks, low self- esteem, depression, post- traumatic stress disorder, lack of trust and lack of sense of control, caused by cyberviolence, can have an impact on mental health; self-harm and suicidal ideation can be some of the impacts on mental health caused by cyberviolence; stresses that advances in ICT technology can facilitate abusers in perpetrating psychological violence; notes that a key distinction between offline and online gender-based cyber violence is that it is significantly more difficult to permanently remove abusive or triggering content from the Internet, which obliges the survivor to re-experience their victimisation all over again and this can exacerbate the psychological impacts of these forms of violence, such as flashbacks of the incident and/or perpetrator, as well as increase the victim’s isolation period; stresses that this can make it harder for victims to move on and escape the situation; notes that while the immediate impact of gender-based cyber violence may differ, the longer-term impacts are ultimately similar; underlines that the impacts of gender-based cyber violence on victims includes but are not limited to reputational damage, mental illness, physical and medical issues, disruptions to a victim’s living situation, invasions of privacy, silencing or withdrawal from the online environment, and damage to personal relationships;
Amendment 254 #
2020/2035(INL)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Underlines that gender-based cyberviolence generates negative psychological, social and economic consequences that mainly affect women and girls;
Amendment 279 #
2020/2035(INL)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Recalls that gender stereotypes are at the core of gender discrimination and are one of the main barriers to the entry of women and girls in the ICT and digital fields; stresses the need to tackle the gender gap in the ICT sector through education, awareness-raising campaignrecognizes that gender stereotyping, cultural discouragement and the lack of awareness and promotion of female role models hinders and negatively affects girls' and women´s opportunities in ICT sector and leads to discrimination and fewer opportunities for women in the labour market; stresses that the primary objective should be to remove all the socio-cultural, psychological and pedagogical barriers that restrict women' s interests, preferences, and choices; encourages Member States to promote women's involvement in ICT sector and career by providing sufficient incentives in their respective national or regional action plans or policies on gender; stresses the need to tackle the gender gap in the ICT sector through education, awareness-raising campaigns, better work- life balance, equal opportunities, healthy and safe working and studying environments for women and girls, mandatory pay transparency policies, zero tolerance policies and measures for sexual harassment, the promotion of the visibility of female role models and the promotion of the representation of women in the sector;
Amendment 298 #
2020/2035(INL)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Underlines the need to protect, support and ensure reparation for victims of gender-based cyberviolence; calls on the Member States to ensure adequate support services, including legal and psychological counselling, accessible to all victims of gender-based cyberviolence, including such violence perpetrated in the context of domestic violence, by equipping existing women’s specialist support services and other services with experience in this sector with the financial and human resources to offer holistic services, including legal and technical advice on the removal of harmful online content;
Amendment 316 #
2020/2035(INL)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Recalls that the Council is to urgently conclude the Union’s ratification of the Council of Europe Convention on preventing and combating violence against women and domestic violence (the ‘Istanbul Convention’) on the basis of a broad accession without any limitations, and to advocate for its ratification, swift and proper implementation, and enforcement by all Member States; deplores the fact that the Convention has not been ratified by the European Union yet; regrets that to this date only 21 EU Member States have ratified it; underlines that the Istanbul Convention is the most comprehensive international treaty addressing the root causes of gender- based violence in all its forms; highlights that this call does not detract from the call to adopt a Union legal act on combating gender-based violence but, rather, complements it; strongly condemns all attempts to discredit the Istanbul Convention and condemns the attempts at setting back progresses made in the fight against gender-based violence that are going on in some Member states; notes with great concern that the effective implementation of the Convention is still patchy across EU; highlights that this call does not detract from the call to adopt a Union legal act on combating gender-based violence but, rather, complements it; recalls that such new legislative measures should in any case be in line with the rights, obligations and objectives of the Istanbul Convention; recommends that the Istanbul Convention should be seen as a minimum standard and aspire to make further progress to eradicate gender- based and domestic violence;
Amendment 322 #
2020/2035(INL)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Strongly reaffirms its commitment, as it has previously expressed, to tackle gender-based violence and to the need to have a comprehensive directive covering all its forms and containing uniform standards and due diligence obligation to collect data, to prevent, to investigate, to protect the victims and the witnesses, and to prosecute and punish the perpetrators as the best way to put an end to gender- based violence;
Amendment 48 #
2020/0360(COD)
Proposal for a regulation
Recital 1
Recital 1
(1) The Commission has set out, in its Communication of 11 December 2019 entitled ‘The European Green Deal’21 , a new growth strategy that aims to transform the Union into a fair and prosperous society, with a modern, resource-efficient and competitive economy, where there are no net emissions of greenhouse gases in 2050 and where economic growth is decoupled from resource use. The Commission’s communication on the Climate Target Plan22 proposing to increase the greenhouse gas emissions’ reduction level to at least 55% by 2030 - an ambition that was endorsed by the European Council on 11 December 2020 - and its underlying impact assessment confirms that the energy mix of the future will be very different from the one of today and underpins the necessity to review and if necessary to revise the energy legislation. The current energy infrastructure investments are clearly insufficient to transform and build the energy infrastructure of the future. That also means infrastructure needs to be in place to support the European energy transition, including rapid electrification, scaling up of renewable electricity generation, the increased use of renewable and low-carbon gases, energy system integration and a higher uptake of innovative solutions. _________________ 21 Commission Communication - The European Green Deal, COM(2019) 640 final of 11 December 2019. 22 Commission Communication - Stepping up Europe’s 2030 climate ambition, Investing in a climate-neutral future for the benefit of our people, COM(2020) 562 final of 17 September 2020
Amendment 72 #
2020/0360(COD)
Proposal for a regulation
Recital 11 a (new)
Recital 11 a (new)
(11 a) The 2020 State of the Energy Union report has shown that the energy demand is decreasing overall in the EU but is increasing in certain sectors, such as transport and Information and Communication Technologies (ICT); Furthermore, transport can be a significant facilitator of renewable energy deployment, offering demand-side flexibility and large potential for energy storage capacity; Hence, further integration of energy and transport sectors is needed.
Amendment 74 #
2020/0360(COD)
Proposal for a regulation
Recital 11 b (new)
Recital 11 b (new)
(11 b) Transport and tourism sectors are highly dependent on energy. The revised TEN-E policy should establishing cross- sectoral policy synergies by supporting infrastructure that contribute in achieving the decarbonisation and sustainability targets of these sectors; Hence, TEN-E Regulation should promote synergies with the Trans-European Transport Network Regulation, the Alternative Fuels Infrastructure Directive, the Energy Performance of Buildings Directive, the Renovation Wave Strategy and the System Integration Strategy.
Amendment 75 #
2020/0360(COD)
Proposal for a regulation
Recital 11 c (new)
Recital 11 c (new)
(11 c) More specifically, in order to contribute to the decarbonisation process of the transport sector, the TEN-E policy should include projects that promote the integration of renewable energy in the network, the deployment of alternative fuels from renewable energy, the launch of smart energy grids and the expansion of recharging and refuelling infrastructure networks, including in transport hubs such as ports and airports.
Amendment 84 #
2020/0360(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) The Commission’s communication on energy system integration underlines the need for integrated energy infrastructure planning across energy carriers, infrastructures, and consumption sectors. Such system integration starts from the point of departure of applying the energy efficiency first principle and taking a holistic approach beyond individual sectors. It also addresses the decarbonisation needs of the hard to abate sectors, such as parts of industry or certain modes of transport, where direct electrification is, currently, technically or economically challenging. Such investments include hydrogen and electrolysers, which are progressing towards commercial large-scale deployment. The Commission’s Hydrogen Strategy gives priority to hydrogen production from renewable electricity, which is the cleanest solution and is most compatible with the EU climate neutrality objective. In a transitional phase however, other forms of low-carbon hydrogen are needed to more rapidly replace existing hydrogen and kick-start an economy of scale.
Amendment 118 #
2020/0360(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 9
Article 2 – paragraph 1 – point 9
(9) ‘smart gas grid’ means a gas network that makes use of innovative digital solutions to integrate in a cost efficient manner a plurality of low-carbon and renewable gas sources in accordance with consumers’ needs and gas quality requirements in order to reduce the carbon footprint of the related gas consumption, enable an increased share of renewable and low-carbon gases, and create links with other energy carriers and sectors;
Amendment 130 #
2020/0360(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point a
Article 4 – paragraph 1 – point a
(a) the project contributes significantly to the decarbonisation objectives of the Union, creates cross sectoral synergies and is necessary for at least one of the energy infrastructure priority corridors and areas;
Amendment 149 #
2020/0360(COD)
Proposal for a regulation
Article 4 – paragraph 3 – point d – introductory part
Article 4 – paragraph 3 – point d – introductory part
(d) for hydrogen projects from renewable energy sources falling under the energy infrastructure categories set out in point (3) of Annex II the project is to contribute significantly to sustainability, including by reducing greenhouse gas emissions, by enhancing the deployment of renewable hydrogenenergy and supporting variable renewable power generation by offering flexibility and/or storage solutions. Furthermore, the project is to contribute significantly to at least one of the following specific criteria:
Amendment 160 #
2020/0360(COD)
Proposal for a regulation
Article 4 – paragraph 3 – point f – introductory part
Article 4 – paragraph 3 – point f – introductory part
(f) for smart gas grid projects falling under the energy infrastructure category set out in point (2) of Annex II, the project is to contribute significantly to sustainability by enabling and facilitating the integration of renewable and low-carbon gases, such as biomethane, or renewable hydrogen, into the gas distribution and transmission networks in order to reduce greenhouse gas emissions. Furthermore, the project is to contribute significantly to at least one of the following specific criteria:
Amendment 165 #
2020/0360(COD)
Proposal for a regulation
Article 4 – paragraph 5 – subparagraph 1 – point a a (new)
Article 4 – paragraph 5 – subparagraph 1 – point a a (new)
(a a) the synergies that each proposed project creates between energy infrastructure and the decarbonisation targets of transport and tourism sectors.
Amendment 232 #
2020/0360(COD)
Proposal for a regulation
Annex I – Part 4 – point 13 – introductory part
Annex I – Part 4 – point 13 – introductory part
(13) Smart gas grids: Adoption of smart gas grid technologies across the Union to efficiently integrate a plurality of renewable and low-carbon gas sources into the gas network, support the uptake of innovative solutions for network management and facilitating smart energy sector integration and demand response.
Amendment 238 #
2020/0360(COD)
Proposal for a regulation
Annex II – paragraph 1 – point 2 – point a
Annex II – paragraph 1 – point 2 – point a
(a) any of the following equipment or installation aiming at enabling and facilitating the integration of renewable and low-carbon gases (including biomethane or hydrogen) into the network: digital systems and components integrating ICT, control systems and sensor technologies to enable the interactive and intelligent monitoring, metering, quality control and management of gas production, transmission, distribution and consumption within a gas network. Furthermore, such projects may also include equipment to enable reverse flows from the distribution to the transmission level and related necessary upgrades to the existing network.
Amendment 282 #
2020/0360(COD)
Proposal for a regulation
Annex IV – point 6 – point a
Annex IV – point 6 – point a
(a) level of sustainability measured by assessing the share of renewable and low- carbon gases integrated into the gas network, the related greenhouse gas emission savings towards total system decarbonisation and the adequate detection of leakage.
Amendment 284 #
2020/0360(COD)
Proposal for a regulation
Annex IV – point 6 – point b
Annex IV – point 6 – point b
(b) quality and security of supply measured by assessing the ratio of reliably available gas supply and peak demand, the share of imports replaced by local renewable and low-carbon gases, the stability of system operation, the duration and frequency of interruptions per customer.
Amendment 76 #
2020/0036(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) A fixed long-term objective is crucial to contribute to economic and societal transformation, jobs, growth, and the achievement of the United Nations Sustainable Development Goals, as well as to move in a fair, socially just and cost- effective manner towards the temperature goal of limiting global warming below 1,5°C above pre-industrial levels as set out in the 2015 Paris Agreement on climate change following the 21st Conference of the Parties to the United Nations Framework Convention on Climate Change (the ‘Paris Agreement’).
Amendment 214 #
2020/0036(COD)
Proposal for a regulation
Article 1 – paragraph 2
Article 1 – paragraph 2
This Regulation sets out a binding objective of climate neutrality in the Union by 2050 in pursuit of the long-term temperature goalgoal of limiting global warming below 1,5°C above pre-industrial levels as set out in Article 2 of the Paris Agreement, and provides a framework for achieving progress in pursuit of the global adaptation goal established in Article 7 of the Paris Agreement.
Amendment 225 #
2020/0036(COD)
Proposal for a regulation
Article 2 – paragraph 1
Article 2 – paragraph 1
1. Union-wide emissions and removals of greenhouse gases regulated in Union lawacross all sectors of economic activity in the EU shall be balanced at the latest by 2050, thus reducing emissions to net zero by that date.
Amendment 255 #
2020/0036(COD)
Proposal for a regulation
Article 2 – paragraph 3
Article 2 – paragraph 3
3. By September 2020, the Commission shall review the Union’s 2030 target for climate referred to in Article 2(11) of Regulation (EU) 2018/1999 in light of the climate-neutrality objective set out in Article 2(1), and explore options for a new 2030 target of 50 to 5570% emission reductions compared to 1990. Where the Commission considers that it is necessary to amend that target, it shall make proposals to the European Parliament and to the Council as appropriate.
Amendment 266 #
2020/0036(COD)
Proposal for a regulation
Article 2 – paragraph 4
Article 2 – paragraph 4
4. By 30 June 2021, the Commission shall assess how the Union legislation implementing the Union’s 2030 target would need to be amended in order to enable the achievement of 50 to 55 70% emission reductions compared to 1990 and to achieve the climate-neutrality-objective set out in Article 2(1), and consider taking the necessary measures, including the adoption of legislative proposals, in accordance with the Treaties.
Amendment 292 #
2020/0036(COD)
Proposal for a regulation
Article 3 – paragraph 3 – point a
Article 3 – paragraph 3 – point a
(a) cost-effectiveness and economic efficiency, taking into account the full cost of delayed climate action;
Amendment 323 #
2020/0036(COD)
Proposal for a regulation
Article 3 – paragraph 3 – point h
Article 3 – paragraph 3 – point h
(h) the need to ensure a just and socially fair transition by ensuring equal and affordable access for all to sustainable energy, food, housing and mobility and the right to employment with decent salary levels and minimum guaranteed income for all;
Amendment 107 #
2020/0006(COD)
Proposal for a regulation
Recital 7 a (new)
Recital 7 a (new)
(7a) Just Transition should be a horizontal policy approach in the new MFF 2021-2027 and thus sufficiently funded. JTF should not be considered as a stand alone funding instrument but it should be additional to other funding schemes that ensure a fair transition for all to climate neutrality;
Amendment 132 #
2020/0006(COD)
Proposal for a regulation
Article 4 – paragraph 2 – subparagraph 1 – point g a (new)
Article 4 – paragraph 2 – subparagraph 1 – point g a (new)
(ga) investments in enhancing sustainable tourism, including through the conversion of the use of those industrial facilities that will end their operation, in sites highlighting the industrial history and cultural heritage of the regions in transition;
Amendment 148 #
2020/0006(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) In order to enhance the economic diversification of territories impacted by the transition, the JTF should provide support to productive investment in SMEs. Productive investment should be understood as investment in fixed capital or immaterial assets of enterprises in view of producing goods and services thereby contributing to gross-capital formation and employment. For enterprises other than SMEs, productive investments should only be supported if they are necessary for mitigating job losses resulting from the transition, by creating or protecting a significant number of jobs and they do not lead to or result from relocation. Investments in existing industrial facilities, including those covered by the Union Emissions Trading System, should be allowed if they contribute to the transition to a climate-neutral economy by 2050 and go substantially below the relevant benchmarks established for free allocation under Directive 2003/87/EC of the European Parliament and of the Council14 and if they result in the protection of a significant number of jobs. Any such investment should be justified accordingly in the relevant territorial just transition plan. These investments should take into account the polluters pay principle and not be considered as window of opportunity for industrial installations to sell surplus emissions allowances for their own profit. Investments in fossil fuels technologies like carbon capture and storage and improvement of emission performance of existing installations should also be excluded as they do not contribute to the climate neutrality until 2050 objective. In order to protect the integrity of the internal market and cohesion policy, support to undertakings should comply with Union State aid rules as set out in Articles 107 and 108 TFEU and, in particular, support to productive investments by enterprises other than SMEs should be limited to enterprises located in areas designated as assisted areas for the purposes of points (a) and (c) of Article 107(3) TFEU. __________________ 14Directive 2003/87/EC of the European Parliament and of the Council of 13 October 2003 establishing a scheme for greenhouse gas emission allowance trading within the Community and amending Council Directive 96/61/EC (OJ L 275, 25.10.2003, p. 32).
Amendment 228 #
2020/0006(COD)
Proposal for a regulation
Article 3 – paragraph 2 – subparagraph 1
Article 3 – paragraph 2 – subparagraph 1
The resources for the JTF under the Investment for jobs and growth goal available for budgetary commitment for the period 2021-2027 shall be an additional amount of EUR 7.530 billion in 2018 prices, which may be increased, as the case may be, by additional resources allocated in the Union budget, and by other resources in accordance with the applicable basic act.
Amendment 249 #
2020/0006(COD)
Proposal for a regulation
Article 4 – paragraph 2 – subparagraph 1 – point a
Article 4 – paragraph 2 – subparagraph 1 – point a
(a) productive and sustainable investments in SMEs, including start-ups, leading to decent and well-paid job, economic diversification and reconversion;
Amendment 262 #
2020/0006(COD)
Proposal for a regulation
Article 4 – paragraph 2 – subparagraph 1 – point c
Article 4 – paragraph 2 – subparagraph 1 – point c
(c) investments in research and innovation activities and fostering the transfer of advanced technologies that exclude fossil fuels;
Amendment 311 #
2020/0006(COD)
Proposal for a regulation
Article 4 – paragraph 2 – subparagraph 1 – point f
Article 4 – paragraph 2 – subparagraph 1 – point f
(f) investments in regeneration and decontamination of sites, land restoration and repurposing projects; These investments should be complementary and consistent with the polluter pays principle;
Amendment 318 #
2020/0006(COD)
Proposal for a regulation
Article 4 – paragraph 2 – subparagraph 1 – point f a (new)
Article 4 – paragraph 2 – subparagraph 1 – point f a (new)
(fa) investments to address energy poverty and affordable renewable energy by local energy communities;
Amendment 368 #
2020/0006(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point d
Article 5 – paragraph 1 – point d
(d) investment related to the production, processing, distribution, storage or combustion of fossil fuels; except investments for district heating system of coal regions in transition;
Amendment 387 #
2020/0006(COD)
Proposal for a regulation
Article 6 – paragraph 1 – subparagraph 2
Article 6 – paragraph 1 – subparagraph 2
The Commission shall only approve a programme where the identification of the territories most negatively affected by the transition process, contained within the relevant territorial just transition plan, is duly justified and the relevant territorial just transition plan is consistent with the National Energy and Climate Plan of the Member State concerned. For those Member States which have not yet committed to a 2050 national climate neutrality target, the Commission shall release only 50% of their national allocation and make the remaining 50% available once they have adopted that target;
Amendment 413 #
2020/0006(COD)
Proposal for a regulation
Article 7 – paragraph 2 – point a
Article 7 – paragraph 2 – point a
(a) a detailed description of the transition process at national level towards a climate- neutral economy by 2050 at the latest, including a timeline for key transition steps which are consistent with the latest version of the National Energy and Climate Plan (‘NECP’);
Amendment 6 #
2019/2213(BUD)
Draft opinion
Paragraph 2
Paragraph 2
2. Stresses that transport is the main economic sector where greenhouse gas emissions are still growing; stresses that EU transport policy is essential for Europe’s economic, social and environmental development and its sustainability; strongly requests, therefore, that EU transport policy receive adequate and sufficient funding in order to secure growth, jobs and competitiveness in Europedevelop sustainable transport modes, secure jobs in the transport sectors affected by the ecological transition, including in the more remote geographical areas; requests additional investments in research and innovation, and in social and territorial cohesion;
Amendment 24 #
2019/2213(BUD)
Draft opinion
Subheading 1
Subheading 1
The importance of transport, in particular of public transport, in achieving the goals of the Green Deal;
Amendment 27 #
2019/2213(BUD)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Regrets that not a single reference is made, in the entire European Green Deal, to the promotion and improvement of public transport systems, with a view to changing mobility profiles; stresses that public transport is central to the promotion of socially, environmentally, climatically and economically sustainable societies;
Amendment 31 #
2019/2213(BUD)
Draft opinion
Paragraph 5
Paragraph 5
5. Reiterates that transport must contribute to achieving 55% greenhouse gas emissions reduction by 2030 and climate neutrality by 2050;
Amendment 40 #
2019/2213(BUD)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Argues that the existence of environmentally, climatically, economically and socially sustainable societies is possible only with the existence of mobility and transport policies that favour the consolidation and utilisation of public transport systems; calls in this regard for increased support for transport infrastructure and the promotion of public transport and sustainable mobility; urges also that funding for local and regional transport infrastructures not be neglected but actively encouraged; calls for account to be taken of the urgent need to support such transport infrastructures in outlying countries;
Amendment 45 #
2019/2213(BUD)
Draft opinion
Paragraph 6 b (new)
Paragraph 6 b (new)
Amendment 49 #
2019/2213(BUD)
Draft opinion
Paragraph 6 c (new)
Paragraph 6 c (new)
6c. Highlights the experience of a number of EU cities with free public transport systems, resulting in a larger number of users, accompanied by a substantial decrease in automobile traffic; recommends that studies be carried out to assess the effects of these arrangements regarding factors such as variations in passenger numbers, travel times, the number of traffic accidents and casualties or impact on climate change; stresses that these studies should lead to formulation of action plans facilitating the replication of free public transport systems in different urban areas;
Amendment 62 #
2019/2213(BUD)
Draft opinion
Paragraph 8
Paragraph 8
8. Recalls that cohesion policy funding for transport infrastructure should aim at pursuing the Treaty-based objective of economic, social and territorial cohesion; highlights the crucial role that EU transport policy and investment plays in promoting and enhancing territorial, social and economic cohesion in the EU; requests, therefore, that the funding of TEN-T be maintained as part of cohesion policy, strengthening the support component for the development and modernisation of secondary, regional and local links, and not just links between major EU economic centres;
Amendment 1 #
2019/2167(INI)
Motion for a resolution
Citation 6 a (new)
Citation 6 a (new)
- having regard to the Joint Declaration on Trade and Womens Economic Empowerment on the Occasion of the World Trade Organization (WTO) Ministerial Conference in Buenos Aires of December 2017,
Amendment 2 #
2019/2167(INI)
Motion for a resolution
Citation 6 b (new)
Citation 6 b (new)
- having regard to Directive 2011/36/EU of the European Parliament and of the Council of 5 April 2011 on preventing and combating trafficking in human beings and protecting its victims, and to Directive 2011/93/EU of the European Parliament and of the Council of 13 December 2011 on combating the sexual abuse and sexual exploitation of children and child pornography,
Amendment 3 #
2019/2167(INI)
Motion for a resolution
Citation 6 c (new)
Citation 6 c (new)
- having regard to the UN Convention against Transnational Organized Crime (2000) and the Protocols thereto, and in particular the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children (2000),
Amendment 11 #
2019/2167(INI)
Motion for a resolution
Recital A
Recital A
A. whereas the principle of equality between women and men is a core value of the EU enshrined within the European Union legal and political framework, and gender mainstreaming should therefore be implemented and integrated into all EU activities and policies; whereas the EU should contribute to creating a world in which all people, regardless of gender, national origin, religion, sexual orientation, race, ethnicity and ability can live peacefully, enjoying equal rights and the same opportunity to realise their potential;
Amendment 24 #
2019/2167(INI)
Motion for a resolution
Recital B
Recital B
B. whereas women and girls are particularly affected by violence, poverty, armed conflicts and the impact of the climate emergencyand public health emergencies and other emergency situations; whereas there is a growing global trend towards authoritarianism and an increasing number of fundamentalist groups, both of which are clearly linked to a backlash against women’s and LGBTIQ+ rights; whereas any understanding of security that focuses on States rather than human beings is defective and will not lead to peace;
Amendment 49 #
2019/2167(INI)
Motion for a resolution
Recital D
Recital D
D. whereas Denmark, Switzerland and Norway have a strong gender equality- focused foreign policy; whereas Spain, Luxembourg, Cyprus and Germany have announced their intention to make gender equality a priority of their foreign policy; whereas the new Commission has announced its intention to madke gender equality one of its key priorities across all policy areas;
Amendment 56 #
2019/2167(INI)
Motion for a resolution
Recital E a (new)
Recital E a (new)
Ea. whereas violent conflicts and war have a disproportionate impact on civilians, particularly women and children, and put women at greater risk of economic and sexual exploitation, forced labour, displacement, detention and sexual violence such as rape; whereas women protection and active participation in the peace process is important for conflict prevention and peacebuilding as well as in the prevention of all forms of violence, including sexual and gender- based violence; whereas even though women play such a decisive role for lasting peace, they made up only 13% of negotiators in major peace processes from 1992-2018, only 4% of signatories and only 3% of mediators;
Amendment 59 #
2019/2167(INI)
Motion for a resolution
Recital E b (new)
Recital E b (new)
Eb. whereas trafficking in persons constitutes a gendered crime, as it disproportionately affects women and girls, who are particularly vulnerable to trafficking for the purpose of sexual exploitation; whereas according UNODC women and girls represent more than two thirds of the total number of detected victims of trafficking in human beings and three out of four of these women and girls are sexually exploited; whereas in 2018 the smallest number of reported actions under GAP II were related to combatting the trafficking of women and girls for all forms of exploitation; whereas this was the only objective on which the number of reported actions decreased compared to 2017; whereas there is a lack of adequate legislation to criminalise and effectively combat trafficking in human beings in many countries worldwide; whereas the gender dimension of trafficking must be taken into account in conflict and post-conflict settings, given that it affects males and females differently;
Amendment 65 #
2019/2167(INI)
Motion for a resolution
Recital F
Recital F
F. whereas GAP II constituted an important step forward in fostering gender equality in the EU’s external relations, but its implementation still displays a number of shortcomings such as a weak legal basis, a narrow scope, the absence of gender-responsive budgeting, challenges to accurate reporting and qualitative data, the absence of timeframe alignment between programming and budget cycles, a lack of commitment on the part of the EU’s leaders, and a lack of institutional architecture, adequate training and incentives to motivate and adequately support staff;
Amendment 88 #
2019/2167(INI)
Motion for a resolution
Recital J
Recital J
J. whereas progress has been made in the realisation of sexual and reproductive health and rights (SRHR) across the world, but important shortcomings continue to exist and threats of regression persist; whereas a worrying backlash against women’s and LGBTIQ+ rights is observed throughout the world limiting sexual and reproductive health and rights, and banning sexuality education and gender studies; whereas in 2018 the number of EU actions on SRHR decreased and the lowest number of global actions by Commission services on gender equality pertained to SRHR;
Amendment 93 #
2019/2167(INI)
Motion for a resolution
Recital K
Recital K
K. whereas the work of gender advisers and focal points is central to translating EU policies on gender equality and WPS into analysis, planning, conduct and evaluation, as well as to facilitating the integration of a gender perspective into daily tasks and operations; whereas gender advisers and focal points face numerous challenges in the performance of their duties; whereas further action is needed to ensure that the job description of gender focal persons and key management staff members includes gender mainstreaming and promoting gender equality among their tasks;
Amendment 102 #
2019/2167(INI)
Motion for a resolution
Recital L a (new)
Recital L a (new)
La. whereas the current global context of the rise of authoritarianism, of corporate power and of fundamentalist groups is contributing towards shrinking civil society space; whereas women human rights defenders face additional barriers of economic and structural discrimination and unique challenges driven by deep-rooted discrimination against women and stereotypes entrenched in patriarchal societies related to gender and sexuality; whereas women’s organisations and human rights defenders working on rights contested by authoritarian regimes and fundamentalist groups such as SRHR and denouncing the actions of extractive industries and businesses remain at heightened risk to attacks and violence; whereas consistent engagement with women’s organisations and human rights defenders needs to be ensured throughout the full cycle of planning, implementation, monitoring and evaluation of the GAP III with regard to addressing social and cultural norms and gender stereotypes in societies and to promoting women’s rights and empowerment;
Amendment 108 #
2019/2167(INI)
Motion for a resolution
Recital M a (new)
Recital M a (new)
Ma. whereas trade policy shall be conducted in the context of the principles and objectives of the EU external action, including democracy, the rule of law, the universality and indivisibility of human rights and fundamental freedoms, respect for human dignity, the principles of equality and solidarity, and respect for the principles of the UN Charter and international law; whereas, until now, the EU has concluded trade and Association agreements without undertaking assessments of their impact on women and gender equality; whereas a modernised Association Agreement between Chile and the EU will include, for the first time for the EU, a specific chapter on gender and trade; whereas gender issues and women rights are not sufficiently taken into account in the sustainable impact assessments of trade and Association agreements; whereas an ex-ante assessment of the gender implications of trade policies can contribute to gender equality and women’s empowerment; whereas it is necessary to ensure that the possible impacts of EU trade policy and agreements on gender equality and women’s rights are always evaluated;
Amendment 113 #
2019/2167(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Calls on the EU and its Member States to commit to advancing towards a foreign and security policy that incorporates a gender-transformative vision, putting the need to address unequal structures and power relations at its centre; stresses the need for such policy to be grounded in rigorous gender analysis and systematic, as a core part of context analysis for the identification, formulation, implementation and monitoring of all actions, in all sectors, at headquarters, in EU Delegations and within Common Security and Defence Policy missions and operations, and in systematic ex-ante and ex-post gender impact assessments, and for a meaningful and equitable role at all levels and stages of decision-making to be secured for women and for people from diverse backgrounds;
Amendment 125 #
2019/2167(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Welcomes the Commission’s proposal to carry out a review and present a new EU Gender Action Plan III in 2020; stresses that the GAP III should build upon and expand on the path laid out in the current GAP II and take into consideration lessons learned from its current implementation; stresses that this document needs to take the form of an official communication, rather than a staff working document, in order to ensure its effective implementation; welcomes the EU Action Plan on Women, Peace and Security, and calls for its robust implementation; welcomes the decision to renew the EU Action Plan on Human Rights and Democracy, and calls for gender mainstreaming and targeted actions for gender equality and women’s rights, including SRHR, to be included in the Action Plan;
Amendment 144 #
2019/2167(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Calls on the EEAS, the relevant Commission services and the Member States to systematically integrate gender mainstreaming and an intersectional perspective into the EU’s foreign and security policy, including trade and development policy;
Amendment 157 #
2019/2167(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Recommends that GAP III be accompanied by clear, measurable, time- bound indicators of success to monitor short-term, mid-term and long-term changes, including an attribution of responsibility to different actors, and with clear objectives in each partner country, developed in close cooperation with the partner country and civil society organisations (CSOs), including those that work to involve men and boys in promoting gender equality;
Amendment 159 #
2019/2167(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Calls for gender-specific indicators to be applied in the project selection, monitoring and evaluation phases of all actions of EU’s foreign and security policy that receive funding from the EU budget; calls for the introducing in the forthcoming Common Implementing Regulation laying down common rules and procedures for the implementation of the Union’s instruments for financing external action, basic requirements towards furthering gender equality through all external financial instruments; calls for mandatory gender impact assessment as part of general ex- ante conditionality, and for the collection of gender-disaggregated data on beneficiaries and participants; stresses the need for a systematic gender budgeting approach, combined with an appropriate and uniform system of tracking, monitoring and evaluating EU expenditures related to gender equality across EU’s foreign and security policy; calls on the Commission to systematically assess the impact of the Programmes financed by EU budget and to report back to the European Parliament;
Amendment 171 #
2019/2167(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Calls for specific earmarked funding on gender equality in the framework of the proposed Neighbourhood, Development and International Cooperation Instrument (NDICI) regulation, and for reduced administrative constraints to allow access to funding for local and small CSOs; stresses the importance of ensuring that partners can count on receiving sufficient political support and financial resources for gender mainstreaming;
Amendment 182 #
2019/2167(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Calls on the Member States to create a formal Council working group on gender equality; encourages the setting up of a new formal Council configuration bringing together EU ministers and secretaries of State responsible for gender equality;
Amendment 205 #
2019/2167(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Calls on the VP/HR to ensure that Heads of EU Delegations abroad have a formal responsibility to ensure gender equality is mainstreamed throughout all aspects of the delegation’s work and that they be required to report on it; further calls on the VP/HR to ensure that there is one full-time gender focal point in the EU delegations; stresses that all gender focal points should be given sufficient time and capacity to carry out their tasks; emphasises the need for training in order to ensure that gender focal persons can develop the skills required to fulfil their assigned tasks; underlines the need to update job descriptions and contracts in order to include relevant responsibilities related to furthering gender equality within positions at all levels;
Amendment 235 #
2019/2167(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Stresses the need to implement a gender perspective within the EU migration policy that guarantees the rights of women and girl asylum seekers and refugees, to immediately introduce gender sensitive asylum and migration procedures and to step up work in order to ensure proper identification and protection against potential violence, harassment, rapes and women trafficking at reception centres across Europe;
Amendment 237 #
2019/2167(INI)
Motion for a resolution
Paragraph 14 b (new)
Paragraph 14 b (new)
14b. Calls on the Commission and the Council to ensure that due consideration is given to gender equality when negotiating new or reviewing existing Trade and Association Agreements; calls on the Commission and the Council to promote and support the inclusion of a specific gender chapter in EU trade and Association Agreements and to ensure that it specifically foresees binding commitments to respect and promote gender equality and women empowerment; calls for the promotion of principles of internationally recognised standards, international Agreements and UN Conventions and commitments on girls and women rights, gender equality, gender mainstreaming and the empowerment of women in these agreements, based on the Beijing Declaration and Platform for Action, the SDGs, the CEDAW and the fundamental ILO Conventions; calls on the Commission to include gender impact of EU trade policy and agreements in ex- ante and ex-post impact assessments and to ensure that trade agreements do not exacerbate existing inequalities or create new ones;
Amendment 238 #
2019/2167(INI)
Motion for a resolution
Paragraph 14 c (new)
Paragraph 14 c (new)
14c. Calls on the VP/HR, the EEAS and the Member States to safeguard the rights of girls and women and ensure their full and meaningful participation across the various stages of the conflict cycle, in the context of EU conflict prevention and mediation activities; calls for the mainstreaming of gender perspective through the inclusion of expertise on gender, including gender- based violence and conflict-related sexual violence, at all levels of peacekeeping as well as through the substantial increase in the number of women in other key positions at all levels of conflict prevention and peacekeeping operations;
Amendment 239 #
2019/2167(INI)
Motion for a resolution
Paragraph 14 d (new)
Paragraph 14 d (new)
14d. Calls on the Commission and Member States to enhance cooperation with third countries in order to combat all forms of trafficking in human beings, paying particular attention to the gender dimension of trafficking in persons to specifically combat child marriage, the sexual exploitation of women and girls and sex tourism; calls for mandatory impact assessment on the risks posed by a third country with regard to human trafficking as part of general ex-ante conditionality of all visa liberalisation agreements; stresses the need of the introduction of effective cooperation with third countries in regard to human trafficking among the mandatory criteria to be met for any visa liberalisation agreement; calls on the Commission, the Council and the EEAS to introduce in their negotiations with third countries on association and cooperation agreements with third countries a benchmark framework of cooperation with regards to effectively counter-human trafficking, including a transparent protocol for recording data on referrals and prosecution of trafficking; calls for the establishment of a gender-sensitive approach to trafficking in persons, by comprehensively addressing the impact it has on the realization of a wide range of human rights, in the context of any conflict;
Amendment 244 #
2019/2167(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Calls on the EU Delegations to monitor the backlash against gender equality and SRHR and the tendency towards shrinking space for civil society, and to take specific steps to protect them from threats, harassment, violence and hate speech; urges the Commission, the EEAS, the Member States and Heads of EU Delegations to ensure political and financial support to local CSOs, including women’s organisations and human rights defenders, and to make cooperation and consultation with them a standard element of their work;
Amendment 9 #
2019/2166(INI)
Motion for a resolution
Citation 7
Citation 7
— having regard to the UN Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) adopted on 18 December 1979, and General recommendation No. 35 on gender-based violence against women, updating general recommendation No. 19 of the Committee on the Elimination of Discrimination against Women,
Amendment 10 #
2019/2166(INI)
Motion for a resolution
Citation 7 a (new)
Citation 7 a (new)
— having regard to General recommendation No. 35 on gender-based violence against women, updating general recommendation No. 19 of the Committee on the Elimination of Discrimination against Women (CEDAW Committee),
Amendment 11 #
2019/2166(INI)
Motion for a resolution
Citation 7 a (new)
Citation 7 a (new)
Amendment 12 #
2019/2166(INI)
Motion for a resolution
Citation 7 b (new)
Citation 7 b (new)
— having regard to European Parliament resolution of 29 November 2018 on the role of the German Youth Welfare Office (Jugendamt) in cross- border family disputes (2018/2856(RSP)),
Amendment 13 #
2019/2166(INI)
Motion for a resolution
Citation 7 b (new)
Citation 7 b (new)
— having regard to the European Pillar of Social Rights and, in particular, its principle 2,
Amendment 17 #
2019/2166(INI)
Motion for a resolution
Citation 10 a (new)
Citation 10 a (new)
— having regard to the Directive 2012/29/EU, establishing minimum standards on the rights, support and protection of victims of crime (the Victims' Rights Directive),
Amendment 22 #
2019/2166(INI)
— having regard to Directive 2011/99/EU of the European Parliament and of the Council of 13 December 2011 on the European protection order,
Amendment 25 #
2019/2166(INI)
Motion for a resolution
Citation 17 a (new)
Citation 17 a (new)
— having regard to the European Parliament Resolution of 21 January 2021 on the EU Strategy for Gender Equality,
Amendment 26 #
2019/2166(INI)
Motion for a resolution
Citation 17 b (new)
Citation 17 b (new)
— having regard to the European Institute for Gender Equality (EIGE) Gender Equality Index 2020 report,
Amendment 35 #
2019/2166(INI)
Motion for a resolution
Recital A
Recital A
A. whereas gender equality is a fundamental value and an key objective of the EU; whereas gender-based violence in all its forms constitutes an extreme form of discrimination against womennd a violation of human rights entrenched in gender inequality, which it helps to perpetuate and reinforce; whereas this kind of violence is entrenched in and supported by social and cultural beliefs about stereotypical gender roles and by patriarchal structures and practises, and is one of the biggest obstacles to achieving gender equality;
Amendment 47 #
2019/2166(INI)
Motion for a resolution
Recital B
Recital B
B. whereas, in spite of numerous instances of formal recognition and progress having been made on gender equality, women and men do not enjoy the same rights in practice and social, economic and cultural inequalities persist; whereas according to the EIGE Gender Equality Index 2020, no EU country has yet fully achieved equality between women and men; whereas the EU’s progress on gender equality is still slow, with the index score improving on average by one point every two years; whereas at this rate, it will take over 60 years for the EU to reach gender equality;
Amendment 50 #
2019/2166(INI)
Motion for a resolution
Recital B
Recital B
B. whereas, in spite of numerous instances of formal recognition and progress having been made on gender equality, women and men do not enjoy the same rights in practice and social, judicial, economic and cultural inequalities persist;
Amendment 58 #
2019/2166(INI)
C. whereas intimate partner violence refers to any act of physical, sexual, psychological or economic violence that occurs between former or current spouses or partners, whether or not the perpetrator shares or has shared a residence with the victim; whereas intimate partner violence is one of the most prevalent forms of gender-based violence, with an estimated 22 % of women having experienced physical and/or sexual violence, and 43 % having experienced psychological violence by their partner6 ; whereas women and children are disproportionately affected by this type of violence; whereas domestic violence is a serious and often hidden social problem that can cause systematic physical and psychological trauma with serious consequences for the victims, as the perpetrator is a person the victim should be able to trust; whereas victims are subjected to coercive control from their abuser, characterized by intimidation, control, isolation and abuses; _________________ 6FRA report of 3 March 2014 entitled ‘Violence against women: an EU-wide survey’.
Amendment 95 #
2019/2166(INI)
Motion for a resolution
Recital F
Recital F
F. whereas, in order to address the issue of the eradication of gender-based violence, it is necessary to rely on consistent and comparable administrative data, based on a robust and coordinated framework of data collection; whereas the current available data collected by the Member States’ law enforcement and justice authorities fail to reflect the full extent of intimate partner violence, as most Member States neither collect sex-and gender- segregated comparable data on gender- based violence nor do they recognise intimate partner violence as a specific offence;
Amendment 104 #
2019/2166(INI)
Motion for a resolution
Recital G
Recital G
G. whereas in some Member States intimate partner violence against women is often neglected and the default rule of joint custodshared custody or parental authority appears to prevail in cases of child custody, access, contact and visitation arrangements and decisions based on the flawed assumptions that violence will end with the dissolution of the marriage/relationship, or that a violent partner can be a good parent; whereas disregarding such violence can leads to dire consequences for women and children, which may escalate into femicide and/or infanticide; whereas victims of intimate partner violence need special protection measures; whereas the victims’ situation is likely to worsen if they are economically or socially dependent on the perpetrator;
Amendment 106 #
2019/2166(INI)
Motion for a resolution
Recital G a (new)
Recital G a (new)
G a. whereas in the context of intimate partner violence, the reference to parental alienation syndrome and to similar concepts and terms puts into question victims’ parental skills, dismisses their word and disregards the violence to which children are exposed; whereas accusations of parental alienation by abusive fathers against mothers must be considered as a continuation of power and control by state agencies and actors, including those deciding on child custody;
Amendment 108 #
2019/2166(INI)
Motion for a resolution
Recital G b (new)
Recital G b (new)
G b. whereas law enforcement risk assessments in most Member States do not systematically include information provided by children about their experiences of intimate partner violence;
Amendment 109 #
2019/2166(INI)
Motion for a resolution
Recital G c (new)
Recital G c (new)
G c. whereas fair remuneration and economic independence are an essential prerequisite for enabling women to leave an abusive and violent relationship; whereas in some Member States the enforcement of court decisions granting financial compensation from the abusers are to be pursued by the victim and this practice forces the victim to stay in contact with the abuser, putting her at further physical and emotional risk;
Amendment 118 #
2019/2166(INI)
Motion for a resolution
Recital I
Recital I
I. whereas criminal proceedings arising from a complaint of domestic violence are often dealt with completely separately from separation and custody proceedings; whereas this can mean that shared custody of the children is ordered and/or visitation rights imposed that endanger the rights and safety of the victim or the children;
Amendment 124 #
2019/2166(INI)
Motion for a resolution
Recital J
Recital J
J. whereas it is preferable to avoid all mediation in cases of violence against women, either before or during the judicial process, where the safety of the victim needs to be the primary considerationwould be at risk;
Amendment 139 #
2019/2166(INI)
Motion for a resolution
Recital L a (new)
Recital L a (new)
Amendment 140 #
2019/2166(INI)
Motion for a resolution
Recital L b (new)
Recital L b (new)
L b. whereas, helplines are a critical channel to reaching support but only 13 Member States have implemented the EU 116 006 helpline for all victims of crimes, and only few Member States have specialist helplines for intimate partner violence;
Amendment 149 #
2019/2166(INI)
Motion for a resolution
Recital O
Recital O
O. whereas transnational separation proceedings are more complex in nature; whereas increased mobility within the EU has led to a growing number of cross- border disputes on parental responsibility and child custody; whereas the Commission must step up its efforts to promote in all Member States the consistent and concrete implementation of the principles set out in the UN Convention on the Rights of the Child, ratified by all EU Member States;
Amendment 152 #
2019/2166(INI)
Motion for a resolution
Recital O a (new)
Recital O a (new)
Amendment 153 #
2019/2166(INI)
Motion for a resolution
Recital O a (new)
Recital O a (new)
O a. whereas Member States, as parties to the United Nations Convention on the Rights of the Child, must hold the best interests of the child as a primary consideration in all public action, including when dealing with cross-border family disputes;
Amendment 154 #
2019/2166(INI)
Motion for a resolution
Recital O b (new)
Recital O b (new)
O b. whereas the competent German institutions including the German Youth Welfare Office (Jugendamt) systematically misinterpret the best interests of the child as being and remaining on the German territory, even in cases where abuse and domestic violence against the non-German parent have been reported;
Amendment 165 #
2019/2166(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. deplores the lack of appropriate emergency and temporary accommodation solutions for victims of domestic abuse and their children; underlines the feeling of insecurity of the women accommodated in mixed centres and which welcome many different types of people; calls on Member States to open emergency accommodation spaces specific to situations of domestic violence; calls on Member States to have emergency accommodation places available at all times, including at night and on weekends; stresses courts must not use the fact that victims stay in emergency, temporary or social housing as an argument to transfer custody right to the violent partner;
Amendment 166 #
2019/2166(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. Calls for ratification and implementation of the Istanbul Convention at a national and EU level; calls on the Member States to take all the necessary legislative or other measures to ensure that, in the determination of custody and visitation rights of children, incidents of intimate partner violence are taken into account and that the exercise of any visitation or custody rights does not jeopardise the rights and safety of the victim or children; commends all campaigns advocating the ratification and implementation of the Istanbul Convention and strongly condemns all attempts to discredit it;
Amendment 171 #
2019/2166(INI)
Motion for a resolution
Paragraph 1 b (new)
Paragraph 1 b (new)
1 b. Calls on the Commission to add gender-based violence to the list of EU areas of crime under Article 83(1) TFEU, taking into account the special need to combat this crime on a common basis; calls on the Commission to use this as a legal basis to propose binding measures and a holistic EU framework directive to prevent and combat all forms of gender- based violence, including the impact of intimate partner violence on women and children, and contain uniform standards and due diligence obligation to collect data, to prevent, to investigate, to protect the victims and the witnesses, and to prosecute and punish the perpetrators; recalls that such new legislative measures should in any case be coherent with the rights and obligations of the Istanbul Convention and should be complementary to its ratification; recommends that the Istanbul Convention should be seen as a minimum standard and aspire to make further progress to eradicate gender- based and domestic violence;
Amendment 173 #
2019/2166(INI)
Motion for a resolution
Paragraph 1 b (new)
Paragraph 1 b (new)
1 b. stresses that the majority of women get poorer during separation; stresses that this impoverishment is also the result of strategies put in place by the violent parent to preserve the capital accumulated by the couple and to preserve their income, to the detriment of the mother; also stresses that some women give up asking for their fair share over fear of losing custody; calls on Member States to pay particular attention to the risk of victims of domestic violence becoming more precarious throughout the separation process; considers that Member States can contribute to preventing this issue by providing sufficient legal and psychological aid to women in need, as well as by ensuring that they can receive sufficient social assistance;
Amendment 176 #
2019/2166(INI)
Motion for a resolution
Paragraph 1 c (new)
Paragraph 1 c (new)
Amendment 184 #
2019/2166(INI)
Motion for a resolution
Paragraph 1 f (new)
Paragraph 1 f (new)
1 f. alerts on the inadequacy of the protection granted to women, as evidenced by the cases of feminicides and infanticides which take place after the woman has reported domestic violence; calls on Member States to strengthen care, monitoring and protection of women who report domestic violence;
Amendment 185 #
2019/2166(INI)
Motion for a resolution
Paragraph 1 g (new)
Paragraph 1 g (new)
1 g. deplores the under-funding by the Commission and the Member States of the fight against domestic violence given the scale of the phenomenon; notes that the Member States which have significantly increased these funds have obtained results, in particular in terms of reducing feminicides; calls on the Commission and Member States to increase the funds dedicated to the fight against domestic violence; alerts on the fragmentation of funding, short-term funding and administrative burden which can reduce the access of associations to funding and therefore impact the quality of support for victims of domestic violence and their children; calls on the Commission and Member States to favour stable and long- term financing;
Amendment 188 #
2019/2166(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Notes that, in principle, shared custody and unsupervised visits are desirable in order to ensure that parents enjoy equal rights and responsibilities, as well as to safeguard the best interests of the child; underlines, however, that intimate partner violence is clearly incompatible with shared custody and care, owing to its severe consequences for women and children, including the risk of extreme acts of femicide and infanticide; stresses that when establishing the arrangements for custody allocation and visitation rights, the protection of women and children from violence and the best interests of the child must be paramount and should take precedence over other criteria; underlines, therefore that the rights or claims of perpetrators or alleged perpetrators during and after judicial proceedings, including with respect to property, privacy, child custody, access, contact and visitation, should be determined in the light of women’s and children’s human rights to life and physical, sexual and psychological integrity and guided by the principle of the best interests of the child; stresses, therefore, that awarding exclusive custody to the non-violent partner, most frequently the mother, represents the best alternative in order to prevent further violence and secondary victimisation of the victims;
Amendment 193 #
2019/2166(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Notes that, in principle, shared custody and unsupervised visits are desirable in order to ensure that parents enjoy equal rights and responsibilities, as well as to safeguard the best interests of the child; underlines, however, that intimate partner violence is clearly incompatible with shared custody and care, owing to its severe consequences for women and children, including the risk of extreme acts of femicide and infanticide; stresses that when establishing the arrangements for custody allocation and visitation rights, the protection of women and children from violence and the best interests of the child must be paramount and should take precedence over other criteria; stresses, therefore, that awarding exclusive custody to the non-violent partner, most frequently the mothermother victim of gender-based violence, represents the best alternative in order to prevent further violence and secondary victimisation of the victims;
Amendment 196 #
2019/2166(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Considers that Member States must develop initial and continuing training on preventing and responding to situations of domestic violence; Calls for mandatory targeted training for judicial and law enforcement officers about domestic violence and its mechanisms, including coercion, manipulation and, hold, psychological violence and coercive control meaning strategies to isolate, intimidate, control and assault, and about the relevance of intimate partner violence to children’s rights, and to their protection and well-being, as well as to provide adequate skills to enable the officers to assess the situation using reliable risk assessment tools; stresses the importance of also training non-judicial agents who intervene in child protection, emergency accommodation and social assistance in particular; considers that these officers should also be subject to targeted and mandatory training; calls on Member States to develop and finance such training;
Amendment 197 #
2019/2166(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Calls for mandatory targeted training for judicial and law enforcement officers about domestic violence and its mechanisms, including coercion, manipulation and psychological violence, and about the relevance of intimate partner violence to children’s rights, and to their protection and well-being, as well as to provide adequate skills to enable the officers to assess the situation using reliable risk assessment tools; stresses that the training should improve knowledge and understanding of the existing protection measures as well as of safety, the impact of the crime, the needs of the victims, of how to address those needs and the soft skills required to best communicate with victims and support them;
Amendment 200 #
2019/2166(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Calls for mandatory targete, recurrent and effective capacity-building, education and training for the judicialry, lawyers and law enforcement officers about domestic violence and its mechanisms, including coercion, manipulation and psychological violence, including forensic medical personnel, legislators, health-care professionals about violence against women from a gender and a human rights perspective covering national, regional and international standards, and about the relevance of intimate partner violence to children’s rights, and to their protection and well-being, as well as to provide adequate skills to enable the officers to assess the situation using reliable risk assessment tools;
Amendment 203 #
2019/2166(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. calls on Member States to better finance their police and justice services to ensure adequate handling of complaints of domestic violence; regrets that the underfunding and budgetary cuts in these services resulted in the dehumanization of procedures, procedural defect, a lack of information for complainants on the progress of the procedure and excessive delays which are not compatible with the imperative of protection of victims and their reconstruction; stresses that having social and psychological workers in police stations can facilitate concrete and human support for victims of domestic violence;
Amendment 209 #
2019/2166(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
Amendment 210 #
2019/2166(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Strongly recommends that Member States establish specialised courts and judicial offices, as well as appropriate laws, training, procedures and guidelines for all professionals dealing with the victims, including raising awareness of gender-based violence, in order to avoid discrepancies between judicial decisions and discrimination or secondary victimisation during judicial, medical and police proceedings, ensuring that children and women are duly heard and their protection is given priority; emphasises the need to strengthen dedicated judicial offices and child and female victim- friendly justice, limiting the excessive discretionary powers of practitioners and establishto set up comprehensive assessment units on gender-based violence composed of forensic medical personnel, psychologists and social workers and to work ing checks on child custody procedures by qualified professional figureoordination with the public services specialised in gender- based violence in charge of assisting victims;
Amendment 211 #
2019/2166(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Strongly recommends that Member States establish specialised courts and judicial offices, as well as appropriate laws, training, procedures and, guidelines and common tools to assess both risk and coercive control for all professionals dealing with the victims, including raising awareness of gender-based violence, in order to avoid discrepancies between judicial decisions and discrimination or secondary victimisation during judicial, medical and police proceedings, ensuring that children and women are duly heard and their protection is given priority; emphasises the need to strengthen dedicated judicial offices and child and female victim- friendly justice, limiting the excessive discretionary powers of judicial practitioners and establishing checks on child custody procedures by qualified professional figures;
Amendment 224 #
2019/2166(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Stresses the importance in these procedures of the role of the doctorall relevant forensic experts and professionals such as doctors, forensic clinical psychologists, and social workers, providing forensic expertise in caring not only for women victims of domestic abuse or violence, but also for the children involved, in particular when the environment in which they live is not suitable to protect their health, dignity and quality of life; recalls, therefore, the need for the forensic practitioners and professionals involved to be able to benefit, inter alia, from guidelines drawn from a set of data, practice and best practices at European level;
Amendment 226 #
2019/2166(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Stresses the importance in these procedures of the role of the doctorforensic medical personnel providing forensictheir expertise in caring not only for women victims of domestic abuse ointimate partner violence, but also for the children involved, in particular when the environment in which they live is not suitable to protect their health, dignity and quality of life; recalls, therefore, the need for the forensic practitioners and professionals involved to be able to benefit, inter alia, from guidelines drawn from a set of data, practice and best practices at European level;
Amendment 227 #
2019/2166(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. underlines the importance, in these procedures, of a multitude of actors who are not judicial agents, whether they are public officers or associations; regrets that too often, female victims find themselves without the appropriate social, health, and psychological support; calls on Member States to develop comprehensive support for victims of domestic violence, covering health, social and psychological aspects; considers that having structures and places which can deal with all the aspects linked to situations of domestic violence improves the quality of support for victims; calls on Member States to finance and raise awareness for such support, starting by providing the necessary means to associations helping women victims and their children;
Amendment 228 #
2019/2166(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. Calls on the EU to urgently address the increase in intimate partner violence during the COVID-19 pandemic; calls, in this regard, on the Commission to develop a European Union Protocol on gender-based violence in times of crisis and to include protection services for victims, such as helplines, safe accommodation and health services as ‘essential services’ in the Member States, in order to prevent gender-based violence and support victims of domestic violence during crises such as the COVID-19 pandemic;
Amendment 230 #
2019/2166(INI)
Motion for a resolution
Paragraph 5 b (new)
Paragraph 5 b (new)
5 b. Calls on the Members States and local authorities and exchange best practices to support victims of gender based and domestic violence by guaranteeing them safety and economic independency through the access of specific housing and to essential public services such as health, transport as well as professional and psychological support;
Amendment 232 #
2019/2166(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Stresses the importance of action at both EU and national level to reach agreement on common legal definitions, as this type of witnessed violence is not recognised in many legal systems and has a direct impact on data collection in the police and judicial sectors, and on cross- border cooperation; stresses the need to assign the status of victim to the children who were not only directly exposed to domestic violence, but who were also witnesses to violence in criminal and investigation proceedings;
Amendment 235 #
2019/2166(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Stresses the importance of action at both EU and national level to reach agreement on common legal definitions, as this type of witnessed violenceviolence against women, in many cases witnessed by their children, is not recognised in many legal systems and has a direct impact on data collection in the police and judicial sectors, and on cross- border cooperation;
Amendment 244 #
2019/2166(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Calls on the Commission and the Member States to provide harmonised, quality, gender- segregated and comparable EU-wide data on the prevalence, causes, consequences and management of intimate partner violence and custody rights, making full use of the capacity and expertise of the EIGE and the Eurostat; insists on the importance of Member States collecting statistical data on the administrative and judicial proceedings concerning child custody involving foreign parents, particularly on the outcome of the judgments;
Amendment 259 #
2019/2166(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Expresses its concern about the fimpact that discriminatory gender bias often leads to a lack of trust in women, in particular concerning presumed false allegations of child abuse and of domestic violenceof gender stereotypes and bias, leading to inadequate responses to gender-based violence against women; stresses that the so-called “parental alienation syndrome”, which has no scientific basis and is based on gender stereotypes, works to the detriment of women victims of intimate partner violence, blaming mothers for alienating their children's narrative, putting into question victims’ parental skills, disregarding the child’s testimony and the risks of violence to which their children are exposed, jeopardizing the rights and safety of the mother and the children; is worried about the fact that accusations of parental alienation by alleged abusive fathers against mothers are a continuation of power and control by state agencies and actors, including those deciding on child custody and often lead to the denial of child custody to the mother and to the granting to a father accused of intimate partner violence or sexual abuse of the child; calls on the Member States to prohibit its use by judges, psychologists, child protection state agencies and psychosocial cabinets and to introduce disciplinary measures against those who make use of it;
Amendment 261 #
2019/2166(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Expresses its concern about the fact that discriminatory gender bias often leads to a lack of trust in women, in particular concerning presumed false allegations of child abuse and of domestic violence; calls on Member States to monitor and fight a culture of denigration of women voices;
Amendment 262 #
2019/2166(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Expresses its concern about the fact that discriminatory gender bias often leads to a lack of trust in women, in particular concerning presumed false allegations of child abuse and of domestic violence due to insufficient training of the judges, prosecutors and law enforcement;
Amendment 267 #
2019/2166(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
Amendment 273 #
2019/2166(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Highlights that perpetrators often use litigation to extend their power and control, and to continue to intimidate and incite fear in their victims; stresses that perpetrators often abuse, or threaten to harm or to take the children, in order to harm their partners and ex-partners; notes that the withholding of maintenance payments can be used by perpetrators as a threat and a form of abuse against their victims; highlights that this practice can cause great psychological harm to the victims and create or aggravate financial difficulties;
Amendment 274 #
2019/2166(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Highlights that perpetrators often use litigation to extend their power and control, and to continue to intimidate and incite fear in their victims; stresses in this regard that the child and requesting shared custody are often manipulated by the violent parent to continue reaching the mother after the separation; stresses that perpetrators often abuse, or threaten to harm or to take the children, in order to harm their partners and ex-partners;
Amendment 278 #
2019/2166(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9 a. alert on the use of scientifically unreliable concepts, such as parental alienation syndrome, by law enforcement, judicial and psychiatric agents to analyse situations of domestic violence; stresses that the parental alienation syndrome has been disowned by the WHO in the absence of serious scientific evidence; calls on the Commission and Member States to show the greatest discernment vis-à-vis organizations which defend unreliable concepts and whose main objective is to defend the interests of violent partner; calls on Member States not to recognize the parental alienation syndrome in their judicial practice and law;
Amendment 279 #
2019/2166(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9 a. Urges the Commission to ensure that all Member States translate the ‘Victims’ Rights Directive’ into national legislation and fully implement it, in particular by adopting measures ensuring the full access to a range of support services, across their territory including through specialist and generic services as well as the 116 006 helpline for victims of crime.; calls on the Commission, in its evaluation of the EU Victims’ Rights Directive, to examine whether the gender aspect of victimisation, in particular intimate partner violence, is properly and effectively taken into account;
Amendment 282 #
2019/2166(INI)
Motion for a resolution
Paragraph 9 b (new)
Paragraph 9 b (new)
9 b. Stresses that failing to address intimate partner violence in custody rights and visitation schedule decisions is a violation by neglect of the human rights to life, to a life without violence, and to the healthy development of women and children; strongly urges that any form of violence, including witnessing violence against a parent or close person, be considered in law and in practice as a violation of human rights and as an act against the best interest of the child;
Amendment 283 #
2019/2166(INI)
Motion for a resolution
Paragraph 9 c (new)
Paragraph 9 c (new)
9 c. Calls on the Commission to take all necessary measures to tackle the issue of unreported crimes, in particular by supporting Member States to improve how to identify victims of domestic and intimate partner violence and empower them to come forward and report the crime;
Amendment 284 #
2019/2166(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Calls on the Member States to promote better access to legal protection, effective hearings and restraining orders, counselling and victim funds for women victims of intimate partner violence, and to apply particular procedures and give support to mothers who are victims of domestic violence, in order to prevent them from becoming victims again as a result of losing custody of their children; considers that the Member States must cover the legal costs (both cirminal and civil including children's judge) of victims of domestic violence when they do not have sufficient resources and guarantee them proper defence by lawyers specialized in situations of domestic violence; calls on Member State to provide such targeted and mandatory training to lawyers working on legal aid cases;
Amendment 286 #
2019/2166(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Calls on the Member States to promote better access to adequate legal protection, effective hearings and restraining orders, counselling and victim funds for women victims of intimate partner violence, and to apply particular procedures and give support to mothers who are victims of domestic violence, in order to prevent them from becoming victims again as a result of losing custody of their children; calls on the Member States to directly provide maintenance payments to victims through victims funds, to avoid financial abuse and risk causing further harm to the victim; calls on the Commission to assess the establishment of minimum standards for protection orders across the EU;
Amendment 296 #
2019/2166(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10 a. Recommends that Member States provide alternative mechanisms for victims who do not file a complaint so that they can exercise the rights recognised to victims of intimate partner violence, such as social and labour rights, for example through expert reports drawn up by specialized public services accrediting the status of victim of gender-based violence;
Amendment 303 #
2019/2166(INI)
Motion for a resolution
Paragraph 10 b (new)
Paragraph 10 b (new)
10 b. Is worried that specialist support services are not provided equally within each Member States and calls on them to ensure adequate geographical distribution, immediate, short- and long- term specialist support services to any victim, as enshrined in the Istanbul Convention; these services should be provided irrespective of women’s residence status and their ability or willingness to cooperate in proceedings against the alleged perpetrator;
Amendment 308 #
2019/2166(INI)
Motion for a resolution
Paragraph 10 c (new)
Paragraph 10 c (new)
10 c. Calls on the Member States to provide effective reparation to women victims, going beyond monetary compensation and including provision of legal, social and health services including sexual, reproductive and mental health for a complete recovery; also to establish reparation funds and to set up a mechanism to coordinate, monitor and assess regularly the implementation and effectiveness of the measures to prevent and eliminate intimate partner violence and other all forms of gender-based violence against women;
Amendment 314 #
2019/2166(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Calls on the Commission to promote EU-wide public awareness campaigns as a necessary measure in the prevention of domestic violence and the creation of a climate of zero tolerance towards violence; calls on the Commission to support activities in schools and other settings which raise the awareness of children and those working with children of crime and trauma issues, where to find help, how to report issues, and how to build resilience;
Amendment 340 #
2019/2166(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Emphasises that hearing from the child is important to establish what is in the best interests of the child while examining custody cases, unless a hearing is considered inappropriate having regard to his or her age or degree of maturity; points out nevertheless that in every case, but crucially in cases where intimate partnership violence is suspected, such hearings should be conducted in a child- friendly environment, with no pressure or influence from parents or relatives, by trained professionals, including those qualified in child neuropsychiatry, to avoid deepening the trauma and victimisation;
Amendment 341 #
2019/2166(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Emphasises that hearing from the child is important to establish what is in the best interests of the child while examining custody cases; points out nevertheless that in every case, but crucially in cases where intimate partnership violence is suspected, such hearings should be conducted in a child-friendly environment, with no pressure or influence from parents or relatives, by trained professionals, including those qualified in child neuropsychiatry, to avoid deepening the trauma and victimisation;
Amendment 351 #
2019/2166(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Underlines the importance of the exchange of information between courts, the central authorities of Member States and police bodies, especially in relation to cross-border custody cases; hopes that the revised rules under Council Regulation (EU) 2019/1111 of 25 June 2019 on jurisdiction, the recognition and enforcement of decisions in matrimonial matters and the matters of parental responsibility, and on international child abduction7 will enhance the cooperation between judicial systems to effectively determine the best interests of the child; calls, in this context, on the Commission and the Member States to implement the Brussels IIa Regulation effectively; recalls that the scope and objectives of the Brussels IIa Regulation are based on the principle of non-discrimination on the grounds of nationality between citizens of the Union and on the principle of mutual trust between the Member States’ legal systems; _________________ 7 OJ L 178, 2.7.2019, p. 1.
Amendment 354 #
2019/2166(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Stresses the need to recognise the interconnectedness of criminal, civil and other legal proceedings in orderDeplores the poor interconnectedness of criminal, civil and other legal proceedings, which does not prevent further violence and protects mother and child; deplores the fact that events of domestic violence are not taken into account properly by civil proceedings, to not replace the criminal judge; stresses that when inconsistencies between court decisions occur, it is the responsibility of the victim to appeal to the problematic decision, which entails additional costs and burden on her; insists on the need to coordinate the judicial responses to intimate partner violence and to avoid discrepancies between judicial decisions that are harmful to children and women victims;
Amendment 355 #
2019/2166(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Stresses the need to recognise the interconnectedness of criminal, civil and other legal proceedings in order to coordinate the judicial responses to intimate partner violence and to avoid discrepancies between judicial decisions that are harmful to children and women victims; deplores the lack of provisional measures to protect women victims and children and the lack of temporary mechanisms to suspend the parental authority of the violent parent during legal proceedings, which usually lasts for several years; calls on Member States to experiment and develop such protective measures;
Amendment 358 #
2019/2166(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Stresses the need to recognise the interconnectedness of criminal, civil and other legal proceedings in order to coordinate the judicial and other legal responses to intimate partner violence and to avoid discrepancies between judicial and other legal decisions that are harmful to children and women victims;
Amendment 8 #
2019/2164(INI)
Motion for a resolution
Citation 10 a (new)
Citation 10 a (new)
- having regard to the 2030 Agenda for Sustainable Development, which entered into force in 2016, and in particular to Sustainable Development Goal 5 on gender equality,
Amendment 11 #
2019/2164(INI)
Motion for a resolution
Citation 10 b (new)
Citation 10 b (new)
- having regard to the European Institute for Gender Equality (EIGE) Gender Equality Index 2020 report,
Amendment 12 #
2019/2164(INI)
Motion for a resolution
Citation 10 c (new)
Citation 10 c (new)
- having regard to the UN Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) adopted in 1979, particularly Article 11,
Amendment 14 #
2019/2164(INI)
Motion for a resolution
Citation 10 d (new)
Citation 10 d (new)
- having regard to the European Institute for Gender Equality (EIGE) report of 10 August 2017 entitled “Economic Benefits of Gender Equality in the European Union: How gender equality in STEM education leads to economic growth”,
Amendment 16 #
2019/2164(INI)
Motion for a resolution
Recital A
Recital A
A. whereas gender equality is a fundamental value and a key objective of the EU, as well as a basic precondition for the full enjoyment of human rights by women and girls, and is essential for their empowerment, the development of their full potential and the achievement of a sustainable and inclusive society; whereas the insufficient use of human capital associated with gender discrimination, stereotypes and inequalities reduces the potential advantages for the public sector and businesses in the fields of research and innovation, and for overall economic development, as well as having harmful social consequences; whereas eliminating the old patterns of labour segregation will promote gender equality;
Amendment 24 #
2019/2164(INI)
Motion for a resolution
Recital B
Recital B
B. whereas the EU is facing an unparalleled shortage of women in science, technology, engineering and mathematics (STEM) careers and education, particularly considering that women make up 52 % of the European population and 57,7% of tertiary graduates in the EU5a, yet only account for 2 out of 5 scientists and engineers6 ; whereas although there has been a positive trend in the involvement and interest of girls in STEM education, the percentages remain insufficient; whereas attitudes towards STEM do not differ between boys and girls through primary education, and in many cases girls often outperform boys in STEM and ICT-related tasks7 ; whereas, , with women and girls still particularly underrepresented; whereas stark levels of gender segregation among STEM students and graduates lay the ground for future gender segregation in STEM- related careers; whereas attitudes towards STEM do not differ between boys and girls through primary education, and in many cases girls often outperform boys in STEM and ICT-related tasks7 ; whereas gender differences in STEM subjects in higher education are not justified by academic performance, as girls and boys show similar levels of achievement in science and maths in secondary level education; whereas, however, girls fear that they will be less successful than boys in STEM- related careers; _________________whereas social norms and gendered expectations regarding career choices, often reinforced through educational content and curricula, are the key drivers of gender segregation in higher education; whereas it is particularly difficult for women from disadvantaged socioeconomic backgrounds to enter the STEM sector; _________________ 5a Eurostat, Tertiary education statistics, Data extracted in September 2020. 6 Eurostat, Human resources in science and technology, annual average data 2016- 2020. 7 O’Dea, R.E., Lagisz, M., Jennions, M.D. et al., Gender differences in individual variation in academic grades fail to fit expected patterns for STEM, Nature Communications 9, 3777, 2018.
Amendment 29 #
2019/2164(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
B a. whereas teachers and parents can deepen gender stereotypes by discouraging girls from choosing and pursuing STEM studies and career; whereas eliminating gender-specific expectations about professions and fostering female role models in STEM can encourage girls to study science, technology, engineering and mathematics;
Amendment 31 #
2019/2164(INI)
Motion for a resolution
Recital C
Recital C
C. whereas women who major in STEM fields are less likely than their male counterparts to enter STEM occupations or remain in them as a result of the dominant stereotypes or a negative work environmentand prejudices, conscious and unconscious bias, gender discrimination, systemic sexual harassment and negative work environment; whereas high incidences of sexual harassment have been reported in STEM education sites, including schools, universities and workplaces, which further excludes women from the sector; whereas reducing the gender gap in STEM education areas could reduce the skills gap, increase employment and productivity of women and reduce occupational segregation, which ultimately would foster economic growth through both higher productivity and increased labour; whereas compared with the labour market and education policies, gender equality policies have a strong impact on GDP; whereas closing the gender gap in STEM careers would contribute to an increase in EU GDP per capita by 2.2 to 3.0 % in 20508 ; whereas closing the gender gap in STEM careers would constitute a step towards gender equality and the fulfilment of women’s and girls’ human rights, and would have a positive impact in reducing the gender pay gap and the gender pension gap; _________________ 8European Institute for Gender Equality briefing paper, How gender equality in STEM education leads to economic growth, 2018.
Amendment 43 #
2019/2164(INI)
Motion for a resolution
Recital D
Recital D
D. whereas the low numbers of women whogender gap among software developers and engineers working in innovative technologies, such as artificial intelligence (AI), is a matter of concern, as it can negatively affect the design, development and implementation of these technologies, causing the replication of existing discriminatory practices and stereotypes, and the development of ‘gender-biased algorithms’; whereas addressing these biases requires greater vigilance, technical solutions and the development of clear requirements of ethics, accountability and transparency; whereas incomplete and inaccurate data sets, the lack of gender disaggregated data and incorrect algorithms, can distort the processing and reasoning of AI systems and jeopardise the achievement of gender equality in society;
Amendment 52 #
2019/2164(INI)
Motion for a resolution
Recital E a (new)
Recital E a (new)
E a. Whereas the COVID-19 pandemic will change the way we perform our work in the future, given the introduction of the digital workplace; whereas through teleworking, the boundaries between professional and family life will become less distinct and the burden of balancing career and childbearing will fall mostly on women; whereas the rapid digital transformation will disproportionately affect womens’ employment in numerous fields; whereas transformation of the labour structure offers an opportunity to change established gendered patterns of employment, especially given of the rapid increase of women’s skills;
Amendment 60 #
2019/2164(INI)
Motion for a resolution
Recital E b (new)
Recital E b (new)
E b. Whereas women still encounter obstacles in setting up their own business owing to the persistence of prejudices and gender stereotypes; whereas there is a need to promote and support greater entrepreneurship among women and develop an enabling environment in which female entrepreneurs and family businesses can prosper and in which enterprise is encouraged by taking the necessary measures based on an exchange of best practice and by paying particular attention to mothers;
Amendment 66 #
2019/2164(INI)
Motion for a resolution
Recital E c (new)
Recital E c (new)
E c. Whereas the data on entrepreneurship in the STEM and ICT sector points to even greater marginalisation of women; whereas the gender gap in start-ups and venture capital investment is similarly striking; whereas as girls tend to study fewer ICT and STEM subjects throughout secondary school and university, this leads to far fewer women working in these fields and becoming founders and owners of private companies and start-ups; whereas only 17 % of start-up founders are women; whereas women-owned start-ups receive on average of 23 % less funding than men-led businesses;
Amendment 68 #
2019/2164(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Considers that in view of a considerable gender pay gap in the EU, the fact that women are more likely to have low-waged, part-time, and otherwise precarious jobs, and the rising demand for STEM practitioners, ands well as their importance of STEM-related careers for the future of the European economy, increasing the share of women in the STEM sector is critical to fulfilling women’s rights, and to building a more sustainable and inclusive economy and society through scientific, digitalsociety and technological innovationonomy;
Amendment 75 #
2019/2164(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Reiterates that the main goal should be to remove all sociocultural, psychological and pedagogical barriers restricting women’s interests, preferences and choices, without compromising their liberty in making decisionsuch as gender stereotypes and gender discrimination, including an overlap of biological with social factors and the overlap of optimal childbearing years with the most productive years in a women's career path, without compromising their liberty in making decisions; highlights that individual choices are made within a wider socio- cultural frame, which means that the decisions of individual women cannot be examined in isolation, independent of sociocultural contexts; encourages the Member States to promote the participation of women in STEM studies and careers in their relevant national or regional gender action plans or strategies by delivering adequate incentives; considers that these action plans or strategies should aim to increase gender equality by focusing on education and qualifications, a better work- life balance, equal opportunities, ensuring healthy and safe working and studying environments for women, non- discrimination in the labour market, raising awareness of gender bias across all relevant sectors, establishing mandatory pay transparency policies, implementing zero tolerance for sexual harassment and increasing the visibility of female role models, among other things;
Amendment 82 #
2019/2164(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Recognises that gender stereotyping, cultural discouragement and prejudices, conscious and unconscious bias, systemic sexual harassment, cultural discouragement, lack of work–life balance options and a lack of awareness and of promotion of female role models hinders and negatively affects girls’ and women’s opportunities in STEM studies, in related careers and digital entrepreneurship, and can lead to discrimination and fewer and more precarious opportunities for women in the labour market;
Amendment 90 #
2019/2164(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Reaffirms the importance of integrating the awareness of gender bias across all relevant sectors, including in the initial and continuous training of teachers; highlights the need to address structural barriers, such as precarious working conditions and a hostile work culture for women, which hinder girls and women from entering a predominantly male- dominated field, and the need to increase the visibility of hitherto undervalued role models in order to inspire women and girls; calls on the Commission to introduce and support sensitisation campaigns and programmes and initiatives to reduce these barriers, both in the academic world and in society in general; stresses that gender equality measures such as the removal of gender stereotypes in education, awareness raising and the promotion of STEM subjects to girls and women, and career guidance to encourage girls to consider studying in fields dominated by men and boys would lead to a higher number of women graduating from STEM subjects;
Amendment 93 #
2019/2164(INI)
4 a. Regrets the fact that women who have the least access to STEM careers are women from disadvantaged socioeconomic backgrounds, such as women in poverty, single mothers, students in precarious situations and migrant women; calls on the Commission and on Member States to collect comparable, harmonised data that will track women from different socioeconomic backgrounds through all educational levels to career choices and development, with a particular view on the challenges faced at different educational and professional levels;
Amendment 96 #
2019/2164(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Calls on the Member States to combat gendered labour market segmentation in STEM careers by investing in formal, informal and non- formal education, lifelong learning and vocational training for women to ensure their access to high-quality employment and opportunities to re- and up-skill for future labour market demand; calls, in particular, for greater promotion of entrepreneurship, STEM subjects and digital education for girls from an early age, in order to combat existing educational stereotypes and ensure more women enter developing and well-paid sectors; calls for improved STEM facilities and equal access to STEM facilities; calls for scholarships directed to girls and women who wish to pursue a career in STEM sector, particularly for women and girls in situation of poverty, migrant women and girls, and single mothers;
Amendment 106 #
2019/2164(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Welcomes the Digital Education Action Plan 2021-2027 and its action to ‘Encourage women’s participation in STEM’, and hopes that it will help to develop more attractive and creative ways to encourage girls to pursue STEM studies, as well as to boost women’s self- confidence in their digital skills; ) Highlights that girls who assimilate gender stereotypes have lower levels of self-efficacy and confidence in their ability than boys, as well as that self- efficacy affects both STEM education outcomes and aspirations for STEM careers to a considerable extent; stresses that girls appear to lose interest in STEM subjects with age, suggesting that early interventions are needed to sustain girls’ interest in these fields;
Amendment 117 #
2019/2164(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Recognises the vital role of school and teachers in eliminating the gender gap in STEM education, and highlights the role of education in promoting the presence of girls in STEM-related courses and in establishing benchmarks to monitor female recruitment and retention; calls for strengthening STEM curricula and instructional materials to better promote equal participation in STEM; highlights the need to strengthen the capacity of teachers and student counsellors to encourage girls to pursue careers in STEM, as increased awareness of stereotypes and gender disparities in STEM allows educators and career counsellors to understand the barriers faced by their students, ensure equal participation in STEM classes and promote STEM careers to female students;
Amendment 130 #
2019/2164(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Highlights that male teachers and other male staff dominate STEM-related studies in schools and, later on, in universities and workplaces, leading to an absence of female role models and limited guidance and mentoring opportunities; encourages gender mainstreaming in primary, secondary and tertiary education, and urges the committees and institutions involved in recruitment to promote gender balance to avoid the ‘outsider effect’; ; highlights that girls do better in introductory mathematics and science courses and are more likely to follow STEM careers when taught by female teachers, as female teachers can positively influence girls’ education in STEM by dispelling socio-cultural prejudices, and by acting as role models for girls;
Amendment 142 #
2019/2164(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Highlights the alarming number of cases of sexual harassment suffered by female STEM students during tertiary education, and calls on the Member States and educational institutions to agree on strict codes of conduct and protocols, and to report all cases of sexual harassment to the relevant authorities; implement zero tolerance policies for sexual harassment, to agree on strict codes of conduct and protocols, to create safe and private channels for women and girls to report, and to report all cases of sexual harassment to the relevant authorities; stresses that this widespread culture of sexual harassment drives women away from science careers and perpetuates discrimination and gender gap in STEM sector; calls on the Commission, the Member States and educational institutions to adopt preventive measures and adequate sanctions for perpetrators of sexual harassment to address the occurrences of sexual harassment at STEM educational sites and schools;
Amendment 152 #
2019/2164(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Regrets the fact that women face disproportionately more obstacles in their careers than men do, owing to the lack of a proper work-life balance and an increase in unpaid care work in most households; urges public and private institutions to establish adequate measures to guarantee zero tolerance policies for sexual harassment, better maternity and paternity leaves, flexible working hours, on-site childcare facilities or to promote telework; urges the Member States to fully transpose and implement the Work-Life Balance Directive and calls on the Commission to monitor it effectively; calls on the Commission and the Member States to fully assess the causes and factors that lead to a high drop-out rate of women from STEM careers, and to develop mechanisms and programmes to integrate women and girls into education, training and employment initiatives;
Amendment 158 #
2019/2164(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. RConsiders it to be of the utmost relevance to have more women role models and to increase the number of women in leadership positions in the STEM sector; stresses that the declining percentage of females in higher positions has an adverse effect on female recruitment, which decreases further the odds of females being appointed to higher positions; regrets the fact that women are under-represented in leadership positions in STEM careers, and highlights the urgent need to promote equality between men and women at all levels of decision-making in business and management; underlines that gender diversity in boards and decision- making positions improves firms’ performance as the result of the broader spectrum of knowledge, attitudes and experience; urges the Council and the Member States to adopt the Women in Boards Directive and establish targets for gender balance in decision-making bodies;
Amendment 194 #
2019/2164(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14 a. Highlights that constant connectivity combined with high job demands and the rising expectation that workers are reachable at any time can negatively affect workers’ fundamental rights, their work-life balance, and their physical and mental health and well- being; Regrets that the ‘always on’ culture has a negative impact on the work-life balance of employees, namely on workers with caring responsibilities, who tend to be women, and needs to be addressed; calls on the Commission to evaluate and address the risks of not protecting the right to disconnect;
Amendment 196 #
2019/2164(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. HStresses that the quality of the data sets used is paramount to the performance of AI technologies; highlights that one of AI’s most critical weaknesses relates to certain types of biases such as gender, race or sexual orientation as a result of humans’ inherent biases; encourages the relevant actors to take action and promote a greater role for women in the design, development and implementation of machine learning, natural language processing and AI;is concerned about the risks of biases and discrimination in the development, deployment and use of AI technologies, especially in high risk sectors; highlights that biases inherent to underlying datasets are inclined to gradually increase and thereby perpetuate and escalate existing socially constructed discrimination against women; recalls that algorithms and AI should be "ethical by design", with no built-in bias, in a way that guarantees the utmost protection of fundamental rights; encourages the relevant actors to take action and promote a greater role for women in the design, development and implementation of machine learning, natural language processing and AI; calls on the Commission and the Member States to take any possible measure to avoid such biases and to ensure the full protection of fundamental rights; stresses that those data sets should be auditable by national supervisory authorities whenever called upon to ensure their conformity with clear quality standards; stresses that human oversight infrastructure must be developed before the implementation of AI technologies in high risk sectors, especially in health and include gender equality experts.
Amendment 207 #
2019/2164(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Recognises that AI, if it is free of underlying biases, can be a powerful tool to overcome gender inequalities and stereotypes through the development of unbiased, "ethical by design" algorithms that contribute to overall fairness and well- being;
Amendment 219 #
2019/2164(INI)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18 a. Considers that the COVID-19 recovery represents a significant opportunity to advance women while trying to rebuild our economies and our societies in a different way; underlines that a true COVID-19 recovery can only be a success if we seek a greener, a fairer and a more gender equal Europe and if recovery funds are gender mainstreamed, ensuring that women can fully benefit from them in terms of employment, but also entrepreneurship, namely in sectors where they have traditionally been underrepresented, such as digital, Artificial Intelligence, ICT and STEM;
Amendment 9 #
2019/2158(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Recalls the EU’s sustainable commitment to achieving its zero-carbon climate target by 2050 at latest, as confirmed in the European Green Deal, the European Climate Law and the recovery plan;
Amendment 12 #
2019/2158(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. EHighlights that offshore wind energy is the most advanced and fast- growing of the emerging and innovative sectors of the blue economy; emphasises that renewable energy is a key driver of decarbonisation; recalls that at least 32 % of the EU’s total energy needs should be met by renewable energy by 2030;
Amendment 18 #
2019/2158(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Highlights the fact that the expansion of renewable energy sources enhances the EU’s energy security and decrease the imports of hydrocarbons from countries that do not respect the rule of law and have a record in the abuse of human rights;
Amendment 19 #
2019/2158(INI)
Draft opinion
Paragraph 2 b (new)
Paragraph 2 b (new)
2b. Stresses that the do no harm principle should be a key element of the new strategy and the Sustainable Taxonomy Regulation and should apply for future investments in offshore renewable energy schemes;
Amendment 31 #
2019/2158(INI)
4. Stresses that the decision to find space for up to 450 GW of offshore wind energy capacity is of the utmost importance; highlights that spatial expansion of offshore wind farm installations is accompanied by a sharp increase of conflict potential with other marine sectors, such as fisheries, over the next five years, especially in the North Sea, Baltic Sea, and Mediterranean;
Amendment 37 #
2019/2158(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Stresses that floating wind farms technology, capable of deployment in waters deeper than 60 metres have the potential to significantly increase the sea space available for offshore wind farms, especially in deep sea areas, such as the Mediterranean Sea and the Atlantic Coast, without the constraints associated with turbines in shallower waters or closer to shore and to overcome some type of conflicts with other sectors; points out that floating wind farms could generate large amounts of energy, reduce visual impact, provide better accommodation for fishing and shipping lanes, act as fish aggregating devices and reach stronger and more consistent winds;
Amendment 48 #
2019/2158(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Highlights that a strong expansion of offshore wind energy production requires an intelligent approach to ensure its coexistence, co-location and cooperation with the activities that already take place in the affected areas; stresses that early stakeholder consultation, long- term planning and engagement of all relevant sectors, including local communities, but also research into potential synergies and selection of strategic solutions designed to prevent conflicts, as well as more localised solutions and measures for mitigating conflicts, such as compensation payments, creation of transparent guidelines and mutual agreements could contribute to the smooth expansion of offshore wind energy renewables;
Amendment 59 #
2019/2158(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Calls on the Member States to promote the development of offshore wind investments under the scheme of energy communities which ensures public participation and acceptance;
Amendment 63 #
2019/2158(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Recalls that the displacement of fishing activities can be very harmful to fisheries; stresses, therefore, that the multiple use of sea areas must be considered from the outset, and that offshore wind farms must be positioned in a way that takes into account the needs of the fishing sector; stresses that integrated place-based management approaches, such as marine spatial planning should be used to favour offshore wind energy project proposals that enable synergies, co-existence with fishing activities both spatially and temporally; points out that marine spatial planning processes should give high priority on the assessment of co- location; underlines the importance of the development of an EU best practice guidance on the implementation of mitigation measures to ease conflict potential between offshore wind farms and fisheries and to promote co-operation between sectors; notes that artificial reef effects inside offshore wind farms could improve the opportunities for sea angling and increase a market for tourism and recreational fisheries;
Amendment 75 #
2019/2158(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Stresses that long-term options for multiple uses of offshore areas must be explored at an earlier stage in order to enable the expansion of offshore wind farms while addressing their impact on fisheriesdirect and indirect impact on fisheries; highlights in this regard that co-design approaches for the co-location of offshore wind energy renewables with other uses can reduce the potential impact on fisheries, strengthen the relationship of the sectors of concern and enable beneficial co-operation between them;
Amendment 83 #
2019/2158(INI)
Draft opinion
Paragraph 8
Paragraph 8
8. Calls on the Commission to collaborate closely with Member States and neighbouring countries on maritime spatial planning, with a view to optimising the use of sea space and cross- sector cooperation, and minimising spatial conflicts;
Amendment 87 #
2019/2158(INI)
Draft opinion
Paragraph 9
Paragraph 9
9. CRecognises that existing knowledge on the impact of offshore renewable installations on fisheries is focused mainly on ecological and environmental impacts and that current case studies often neglected the assessment of future expansions of offshore wind energy sector; stresses that integrated and spatially assessments of cumulative effects of offshore wind farms are indispensable in order to inform strategic planning and marine conservation and enable a sustainable integration of human activities; calls on the Commission to carry out an impact assessment to examine the expected direct and indirect economic, socio-cultural and environmental impacts of constructing new offshore wind facilities in areas where they are likely to come into conflict with the fishing sector.
Amendment 6 #
2019/2028(BUD)
Draft opinion
Paragraph 2
Paragraph 2
2. Believes the time is ripe for a more fundamental reshaping of EU transport financing with a view to establishing a net zero transport sector by 2050 and guarantee full alignment with the Paris Agreement; believes that this reform must take full account of the needs of vulnerable social groups and regions in order for the transition to be fair and inclusive;
Amendment 8 #
2019/2028(BUD)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. Reiterates that Union budget should benefit the people and be focused primarily on sustainable growth and quality jobs, energy transition to more efficient and renewable-based energy system, fight against climate change, and eradicating energy poverty; underlines, in that regard, that public money shall not be spent for military investments or defence implications.
Amendment 30 #
2019/2028(BUD)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6 a. Reiterates that investments in research and innovation need to be stepped up with a view to improving access to knowledge, promoting social development and raising the quality of living standards.
Amendment 37 #
2019/2028(BUD)
Draft opinion
Paragraph 8 a (new)
Paragraph 8 a (new)
8 a. Stresses that in accordance with Article 41(2)TEU any expenditure arising from operations having military or defence implications cannot be charged to the Union budget.
Amendment 44 #
2019/2028(BUD)
Draft opinion
Paragraph 9
Paragraph 9
9. Calls for additional funds to accelerate the development and deployment of cleaner technologies to help meet the commitments undertaken by the Union under the Paris Agreementrenewable energy sources and energy efficiency measures in order to meet the commitments under the Paris Agreement and to accelerate transition to net-zero greenhouse gas emissions economy;
Amendment 56 #
2019/2028(BUD)
Draft opinion
Paragraph 10 a (new)
Paragraph 10 a (new)
10 a. Underlines that given the current economic situation, it is highly important to establish and strengthen the support mechanism for micro-, small and medium-sized enterprises.
Amendment 64 #
2019/2028(BUD)
Draft opinion
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Regrets that the budget does not include tourism as an individual policy area and reiterates its call for a section within the next financial framework to be devoted exclusively to tourism; points out that Member States face common challenges in the tourism sector, including crisis management, competition from third countries, sustainability of tourism activities, strengthening of local and isolated communities and transition to a zero-carbon economy and that common European policies therefore provide substantial added value;
Amendment 52 #
2013/0186(COD)
Proposal for a regulation
Recital 19
Recital 19
Amendment 62 #
2013/0186(COD)
Proposal for a regulation
Recital 22
Recital 22
(22) The performance and charging schemes are intended to make air navigation services provided under conditions other than market conditions more cost-efficient and to promote better service quality and should, to this end, include relevant and appropriate incentives. In view of this objective, the performance and charging schemes should not cover services supplied under market conditions.
Amendment 65 #
2013/0186(COD)
Proposal for a regulation
Recital 25
Recital 25
(25) Given the cross border and network elements inherent in the provision of en route air navigation services and the fact that, as a consequence, performance is notably to be assessed against Union-wide performance targets, a Union body should be in charge of the assessment and approval of the performance plans and performance targets for en route air navigation services, subject to judicial review by an appeal body and eventually by the Court of Justice. In order to ensure that the tasks be carried out with a high level of expertise and necessary independence, that Union body should be the Agency acting as Performance Review Body (PRB), functioning in accordance with the dedicated governance rules set out in Regulation (EU) 2018/1139. Given their knowledge of the local circumstances, necessary to assess terminal air navigation services, national supervisory authorities should be in charge of the assessment and approval of the performance plans and performance targets for terminal air navigation services. The allocation of costs between en route and terminal air navigation services constitutes a single operation, relevant to both types of services, and should therefore be subject to the oversight of the Agency acting as PRBir knowledge of the local circumstances, necessary to assess en- route and terminal air navigation services, national supervisory authorities should be in charge of the assessment and approval of the performance plans and performance targets for both terminal air navigation services and en-route services.
Amendment 76 #
2013/0186(COD)
Proposal for a regulation
Recital 26
Recital 26
(26) DUnion-wide performance targets should be consistent with respective draft performance plans in the area of en route and terminal navigation services should be consistent with respective Union-wide performance targets and conform to certain qualitative criteria, so as to ensure as much as possible that the targets set are effectively met. The assessment procedure should ensure that shortcomings are swiftly corrected.
Amendment 77 #
2013/0186(COD)
Proposal for a regulation
Recital 27
Recital 27
(27) The performance of the network functions should be subject to criteria specific to them, having regard to the peculiar nature of these characteristic network functions. The network functions should be subject to performance targets in the key performance areas of the environment, capacity, safety, and cost- efficiency.
Amendment 93 #
2013/0186(COD)
Proposal for a regulation
Recital 33
Recital 33
(33) In the cooperative decision making process for the decisions to be taken by the Network Manager, the interest of the network should prevail. Parties to the cooperative decision-making process should therefore act to the maximum extent possible with a view to improving the functioning and performance of the network but it should also take into consideration local safety concerns. The procedures for the cooperative decision- making process should promote safety as well as the interest of the network, and be such that issues are resolved and consensus found wherever possible. Decisions taken shall also be considered within the context of the National Performance Plans, and a mechanism created to ensure there is no detriment to an ANSP due to the cooperative decision making process.
Amendment 100 #
2013/0186(COD)
Proposal for a regulation
Recital 34
Recital 34
Amendment 105 #
2013/0186(COD)
Proposal for a regulation
Recital 35
Recital 35
(35) Availability of relevant operational data in a standardised format is essential for enabling the flexible provision of air traffic data services, on cross-border and on Union-wide bases. Therefore, such data should be made available to relevant stakeholders, including to prospective new providers of air traffic data services. Accuracy of information including on airspace status and on specific air traffic situations and timely distribution of this information to civil and military controllers has a direct impact on the safety and efficiency of operations. Timely access to up-to-date information on airspace status is essential for all parties wishing to take advantage of airspace structures made available when filing or re-filing their flight plans.
Amendment 111 #
2013/0186(COD)
Proposal for a regulation
Recital 41
Recital 41
(41) In order to take into account technical or operational developments, in particular by amending annexes, or by supplementing the provisions on network management, 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. The content and scope of each delegation is set out in detail in the relevant Articles. When adopting delegated acts under this Regulation, it is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level within the Expert Group on Human Dimension of the Single European Sky, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making33 . 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. __________________ 33 OJ L 123, 12.5.2016, p. 1.
Amendment 113 #
2013/0186(COD)
Proposal for a regulation
Recital 42
Recital 42
Amendment 117 #
2013/0186(COD)
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
1. This Regulation lays down rules for the creation and effective functioning of the Single European Sky in order to reinforce current air traffic safety standards, to contribute to the sustainable development of the air transport system and to improve the overall performance of air traffic management and air navigation services for general air traffic in Europe, with a view to meeting the requirements of all airspace users. The Single European Sky shall comprise a coherent pan- European network , a progressively more integrated airspaceof routes, network management and air traffic management systems based on safety, efficiency, interoperability and technological modernisation , for the benefit of all airspace users, citizens and the environment.
Amendment 160 #
2013/0186(COD)
Proposal for a regulation
Article 3 – paragraph 2
Article 3 – paragraph 2
2. The national supervisory authorities shall exercise their powers impartially, independently and transparently and shall be organised, staffed, managed and financed according and independently.
Amendment 161 #
2013/0186(COD)
Proposal for a regulation
Article 3 – paragraph 3
Article 3 – paragraph 3
Amendment 186 #
2013/0186(COD)
Proposal for a regulation
Article 3 – paragraph 5 – subparagraph 1
Article 3 – paragraph 5 – subparagraph 1
Staff of national supervisory authorities shall act independently, in particular by avoiding conflicts of interest between air navigation service provision and the execution of their tasks. Furthermore, social standards of the jobs within the national supervisory authorities shall be monitored. To this end two indicators should be measured and managed: (a) Job satisfaction index Comparison between average salary of technical staff in operators supervised and average salary of technical staff of the NSA.
Amendment 188 #
2013/0186(COD)
Proposal for a regulation
Article 3 – paragraph 5 – subparagraph 1 a (new)
Article 3 – paragraph 5 – subparagraph 1 a (new)
Furthermore, social standards of the jobs within the national supervisory authorities shall be monitored. To this end two indicators should be measured and managed : (a) Job satisfaction index Comparison between average salary of technical staff in operators supervised and average salary of technical staff of the NSA.
Amendment 189 #
2013/0186(COD)
Proposal for a regulation
Article 3 – paragraph 6 – introductory part
Article 3 – paragraph 6 – introductory part
Amendment 200 #
2013/0186(COD)
Proposal for a regulation
Article 3 – paragraph 6 – subparagraph 2
Article 3 – paragraph 6 – subparagraph 2
Amendment 275 #
2013/0186(COD)
Proposal for a regulation
Article 6 – paragraph 1 – introductory part
Article 6 – paragraph 1 – introductory part
1. Air navigation service providers shall, in addition to the certificates they are required to hold pursuant to Article 41 of Regulation (EU) No 2018/1139, hold an economic certificate. This economic certificate shall be issued upon application, when the applicant has demonstrated sufficient financial robustness and has obtained appropriate liability and insurance cover.The provision of all air navigation services within the Community shall be subject to certification by Member States
Amendment 283 #
2013/0186(COD)
Proposal for a regulation
Article 6 – paragraph 2
Article 6 – paragraph 2
2. An entity that holds an economic certificate referred to in paragraph 1 and a certificate referred to in Article 41 of Regulation (EU) No 2018/1139 shall be entitled to provide within the Union air navigation services for airspace users, under non-discriminatory conditionspplications for certification shall be submitted to the national supervisory authority of the Member State where the applicant has its principal place of operation and, if any, without prejudice to Article 7(2)s registered office.
Amendment 288 #
2013/0186(COD)
Proposal for a regulation
Article 6 – paragraph 3
Article 6 – paragraph 3
3. The economic certificate referred to in paragraph 1 and the certificate referred to in Article 41 of Regulation (EU) No 2018/1139 may be subject to one or several conditions set out in Annex I. Such condiNational supervisory authorities shall issue certificates to air navigation service providers where they comply with the common requirements referred to in Article 6. Certificates may be issued individually for each type of air navigations shall be objectively justiervice as defined, non-discriminatory, proportionate and transparent. The Commission shall be empowered to adopt delegated acts in accordance with Article 36 in order to amend the list set out in Annex I for the purposes of providing for a in Article 2 of the framework Regulation, or for a bundle of such services, inter alia, where a provider of air traffic services, whatever its legal status, operates and maintains its own economic level playing field and resilience of service provisionmmunication, navigation and surveillance systems. The certificates shall be checked on a regular basis.
Amendment 290 #
2013/0186(COD)
Proposal for a regulation
Article 6 – paragraph 4
Article 6 – paragraph 4
4. The nationCertificates shall supervisory authorities of the Member State where the natural or legal person applying for the economic certificate has its principal place of businescify the rights and obligations of air navigation service providers, including non-discriminatory access to services for, if that person has no principal place of business, where it has its place of residence or place of establishment, shall be responsible for the tasks set out in this Article in respect of the economic certificates. In the case of provision of air navigation services in an airspace falling under the responsibility of two or more Member States, the national supervisory auth airspace users, with particular regard to safety. Certification may be subject only to the conditions set out in Annex II. Such conditions shall be objectively justified, non-discriminatory, proporities responsible shall be those specified in accordance with Article 5(4)onate and transparent.
Amendment 292 #
2013/0186(COD)
Proposal for a regulation
Article 6 – paragraph 5
Article 6 – paragraph 5
Amendment 294 #
2013/0186(COD)
Proposal for a regulation
Article 6 – paragraph 5 a (new)
Article 6 – paragraph 5 a (new)
5a. Notwithstanding paragraph 1, Member States may allow the provision of air navigation services in all or part of the airspace under their responsibility without certification in cases where the provider of such services offers them primarily to aircraft movements other than general air traffic. In those cases, the Member State concerned shall inform the Commission and the other Member States of its decision and of the measures taken to ensure maximum compliance with the common requirements.
Amendment 296 #
2013/0186(COD)
Proposal for a regulation
Article 6 – paragraph 6
Article 6 – paragraph 6
6. The Commission shall adopt, in accordance with the examination procedure referred to in Article 37(3), implementing rules regarding detailed requirements on financial robustness, in particular financial strength and financial resilience, as weNational supervisory authorities shall monitor compliance with the common requirements and with the conditions attached to the certificates. Details of such monitoring shall asbe in respect of liability and insurance cover. In order to ensure the uniform implementation of and compliance with paragraphs (1), (4) and (5) of this Article, the Commission shall adopt implementing acts, in accordance with the examination procedure referred to in Article 37(3), laying down detailed provisions concerning the rules and procedures for certification and for conducting the investigations, inspections, audits and othecluded in the annual reports to be submitted by Member States pursuant to Article 12(1) of the framework Regulation. If a national supervisory authority finds that the holder of a certificate no longer satisfies such requirements or mconditoring activities necessary to ensure effective oversight by the national supervisory authority of the entities subject to this Regulationions, it shall take appropriate measures while ensuring continuity of services on condition that safety is not compromised. Such measures may include the revocation of the certificate.
Amendment 299 #
2013/0186(COD)
Proposal for a regulation
Article 6 – paragraph 6 a (new)
Article 6 – paragraph 6 a (new)
6a. A Member State shall recognise any certificate issued in another Member State in accordance with this Article.
Amendment 300 #
2013/0186(COD)
Proposal for a regulation
Article 6 – paragraph 6 b (new)
Article 6 – paragraph 6 b (new)
6b. In exceptional circumstances, Member States may postpone compliance with this Article beyond the date resulting from Article 19(2) by six months. Member States shall notify the Commission of such postponement, giving their reasons therefor.
Amendment 310 #
2013/0186(COD)
Proposal for a regulation
Article 7 – paragraph 1 – subparagraph 1
Article 7 – paragraph 1 – subparagraph 1
Amendment 331 #
2013/0186(COD)
Proposal for a regulation
Article 8 – paragraph 1 – introductory part
Article 8 – paragraph 1 – introductory part
Amendment 349 #
2013/0186(COD)
Proposal for a regulation
Article 8 – paragraph 1 – subparagraph 1
Article 8 – paragraph 1 – subparagraph 1
Where this enables cost-efficiency gains to the benefit of airspace usersbetter service performance while maintaining the level of safety, Member States shallmay allow airport operators to procure terminal air traffic services for aerodrome control under market conditions.
Amendment 361 #
2013/0186(COD)
Proposal for a regulation
Article 8 – paragraph 1 – subparagraph 2
Article 8 – paragraph 1 – subparagraph 2
In addition, where this enables cost- efficiency gains to the benefit of airspace usersbetter service performance while maintaining the level of safety, Member States may allow airport operators or the national supervisory authority concerned to procure terminal air traffic services for approach control under market conditions.
Amendment 399 #
2013/0186(COD)
Proposal for a regulation
Article 9 – paragraph 4 a (new)
Article 9 – paragraph 4 a (new)
4a. Designation of common information services providers shall be made according to rules to be set out by the Agency.
Amendment 402 #
2013/0186(COD)
Proposal for a regulation
Article 9 – paragraph 4 b (new)
Article 9 – paragraph 4 b (new)
4b. Technical requirements for common information services shall be set out by the Agency under conditions set in Regulation (EU) 2018/1139.
Amendment 404 #
2013/0186(COD)
Proposal for a regulation
Article 9 – paragraph 4 c (new)
Article 9 – paragraph 4 c (new)
4c. Common information service provides shall ensure at all times compatibility of their services with services provided by air navigation service providers.
Amendment 416 #
2013/0186(COD)
Proposal for a regulation
Article 10 – paragraph 2 – subparagraph 1
Article 10 – paragraph 2 – subparagraph 1
The Commission may, subject to consultation and recommendations of the Expert Group on the human dimension of the Single European Sky, add additional key performance areas for performance target setting or monitoring purposes, where necessary to improvekeep track of performance.
Amendment 423 #
2013/0186(COD)
Proposal for a regulation
Article 10 – paragraph 2 – subparagraph 1 a (new)
Article 10 – paragraph 2 – subparagraph 1 a (new)
Social standards of the jobs within the air navigation service providers shall be monitored. To this end two indicators should be measured and managed: (a) Job satisfaction index Benchmarking of average salary of ANSP staff compared to average salary in the country.
Amendment 437 #
2013/0186(COD)
Proposal for a regulation
Article 10 a (new)
Article 10 a (new)
Article 10a Consultation of stakeholders The Member States, acting in accordance with their national legislation, shall establish consultation mechanisms for appropriate involvement of stakeholders, including professional staff representative bodies, in the implementation of the Single European Sky.
Amendment 444 #
2013/0186(COD)
Proposal for a regulation
Article 11 – paragraph 2 – point a
Article 11 – paragraph 2 – point a
(a) they shall drive gradual, continuous improvements in respect of thensure operational and economic performance of air navigation services;
Amendment 454 #
2013/0186(COD)
Proposal for a regulation
Article 12 – paragraph 2
Article 12 – paragraph 2
Amendment 478 #
2013/0186(COD)
Proposal for a regulation
Article 13 – paragraph 2
Article 13 – paragraph 2
2. The draft performance plans for en route air navigation services referred to in paragraph 1 shall include relevant information provided by the Network Manager. Before adopting those draft plans, designated air traffic service providers shall consult airspace users’ representatives, ANSP workers’ representatives and, where relevant, military authorities, airport operators and airport coordinators. The designated air traffic service providers shall also submit those plans to the national competent authority responsible for their certification, which shall verify the compliance with Regulation (EU) 2018/1139 and the delegated and implementing acts adopted on the basis thereof.
Amendment 540 #
2013/0186(COD)
Proposal for a regulation
Article 13 – paragraph 9 – subparagraph 2
Article 13 – paragraph 9 – subparagraph 2
Where the revised draft performance plan submitted in accordance with paragraph 8 is denied because it contains performance targets for en route air navigation services that are not consistent with the Union-wide performance targets, the Agency acting as PRB shall establish performance targets in consistency with the Union-wide performance targets for the designated air traffic service provider concerned, taking into account the findings made in the decision referred to in paragraph 7. The final draft performance plan to be presented by the designated air traffic service provider concerned shall include the performancagree with the air traffic service provider’s national supervisory authority achievable performance targets and measures to achieve those targets. If thuis established by the Agency acting as PRB, ascannot be achieved then the matter weill as the measube referresd to achieve those targetthe relevant judicial appeal process.
Amendment 657 #
2013/0186(COD)
Proposal for a regulation
Article 16 – paragraph 1 – subparagraph 1
Article 16 – paragraph 1 – subparagraph 1
The draft Network Performance Plan shall be drawn up after the setting of Union- wide performance targets and before the start of the reference period concerned. It shall contain specific performance targets in the key performance areas of the environment, capacity, safety and cost- efficiency.
Amendment 707 #
2013/0186(COD)
Proposal for a regulation
Article 20 – paragraph 6
Article 20 – paragraph 6
6. Designated air traffic service providers shall provide details of their cost base to the Agency acting as PRB, the national supervisory authorities, and the Commission. To this end, costs shall be broken down in line with the separation of accounts referred to in Article 25(3), and by distinguishing staff costs, operating costs other than staffoperating costs, depreciation costs, cost of capital, costs incurred for fees and charges paid to the Agency acting as PRB, and exceptional costs.
Amendment 753 #
2013/0186(COD)
Proposal for a regulation
Article 24 – paragraph 2
Article 24 – paragraph 2
2. At the request of one or more Member States, of a national supervisory authority or of the Commission, the Agency acting as PRB shall carry out an investigation into any allegation of non- compliance as referred to in paragraph 1. Where it has indications of such non- compliance, the Agency acting as PRB may initiate an investigation on its own initiative. It shall conclude the investigation within four months of receipt of a request, after having heard the Member State, the national supervisory authority concerned and the designated air traffic service provider concerned as well as workers’ representatives of this body. Without prejudice to Article 41(1), the Agency acting as PRB shall share the results of the investigation with the Member States concerned, the air traffic service providers concerned and the Commission.
Amendment 772 #
2013/0186(COD)
Proposal for a regulation
Article 25 – paragraph 3 – subparagraph 1
Article 25 – paragraph 3 – subparagraph 1
The determined costs, actual costs and revenues deriving from air navigation services shall be broken down into staff costs, operating costs other than staffoperating costs, depreciation costs, cost of capital, costs incurred for fees and charges paid to Agency acting as PRB, and exceptional costs and they shall be made publicly available, subject to the protection of confidential information.
Amendment 789 #
2013/0186(COD)
Proposal for a regulation
Article 26 – paragraph 2 – point a
Article 26 – paragraph 2 – point a
(a) the design and management of the European airspace structures-route network ;
Amendment 826 #
2013/0186(COD)
Proposal for a regulation
Article 27 – paragraph 2
Article 27 – paragraph 2
Amendment 856 #
2013/0186(COD)
Proposal for a regulation
Article 27 – paragraph 7
Article 27 – paragraph 7
7. The Network Manager shall take decisions through a cooperative decision- making process. Parties to the cooperative decision-making process shall act to the maximum extent possible with a view to improving the functioning and performance of the network. The cooperative decision-making process shall promote the interest of the network, without compromising the local safety concerns.
Amendment 866 #
2013/0186(COD)
Proposal for a regulation
Article 29 – paragraph 1
Article 29 – paragraph 1
The air traffic service providers shall establish consultation mechanisms to consult the relevant airspace users and aerodrome operators on all major issues related to services provided, including relevant changes to airspace configurations, or strategic investments which have a relevant impact on air traffic management and air navigation service provision and/or charges. The airspace users shall also be involved in the process of approving strategic investment plans. The Commission shall adopt measures detailing the modalities of the consultation and of the involvement of airspace users in approving investment plans. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 37 (3).
Amendment 902 #
2013/0186(COD)
Proposal for a regulation
Article 36 – paragraph 4
Article 36 – paragraph 4
4. Before adopting a delegated act, the Commission shall consult the Expert Group on Human Dimension of the Single European Sky and experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.