2477 Amendments of Ibán GARCÍA DEL BLANCO
Amendment 1 #
2023/2113(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Recalls that the Union’s legal structure is based on the fundamental premise that each Member State shares with all the other Member States a set of common values on which the EU is founded, as stated in Article 2 of the Treaty on European Union1 ; recalls further that the rule of law, as enshrined in EU primary law and further defined in the case-law of the Court of Justice of the European Union (CJEU), is akin to democracy and fundamental rights; stresses that any backsliding on the rule of lawreminds that the rule of law and rules-based international order are key to fight the spread of authoritarian regimes, the violation of international law, help consolidate democratic structures, and protect human rights; stresses that any backsliding on the rule of law, which is based on the separation and balancing of powers, in any given Member State significantly affects the common area of freedom, security and justice, as well as mutual trust and mutual recognition as leading principles of EU law in this area2 ; _________________ 1 See opinion 2/2013 of the Court of Justice of the European Union (Full Court) of 18 December 2014, ECLI:EU:C:2014:2454, paragraph 168. 2 Ibid., paragraph 191.
Amendment 5 #
2023/2113(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. UAcknowledges that almost two- thirds of the recommendations issued in 2022 related to important reforms have been followed up at some extent, yet, it shows concern on the number of issues identified in previous Rule of Law reports that remain unaddressed; urges the Commission to persist in its diligent monitoring of Member States’ legal frameworks in order to assess their alignment with the above-mentioned recommendations, and further calls on the Commission to become more insistent on the implementation of these critical reforms in cases where Member States’ systems do not meet the prescribed standards;
Amendment 10 #
2023/2113(INI)
Draft opinion
Paragraph 9 a (new)
Paragraph 9 a (new)
9 a. Recalls that the fight against corruption is essential to maintain the rule of law and preserve and foster citizens’ trust in public institutions and, to be effective, it requires a robust legal and administrative anti-corruption framework based on integrity, transparency and accountability, namely in public life, stressing the disclosure of interests declarations and the protection of whistleblowers when applicable;
Amendment 11 #
2023/2113(INI)
Draft opinion
Paragraph 10
Paragraph 10
10. States that corruption is a menace that can destroy democracies and has to be combated in all its forms, undermining citizens' trust in institutions, and has to be combated in all its forms; points out that corruption is the most common avenue by which organised crime infiltrates and controls the economy; is worried that the latest Report shows either no or only very slow progress in relation to anti- corruption prevention measures in several Member States; is extremely worried about the reluctance to establish registers of lobbyists, transparency registers and proper systems of asset declarations by public office holders and senior officials, as well as about the lack of political will to introduce strict rules within revolving doors policies; highlights, in this context, the importance of a transparent legislative procedure with far-reaching access to documents, and rules to ensure the highest degree of transparency and accountability in public administrations and public decision-making with a view to preventing corruption11; _________________ 11 See, in this context, Article 3 of the proposal for a directive of the European Parliament and of the Council of 3 May 2023 on combating corruption, replacing Council Framework Decision 2003/568/JHA and the Convention on the fight against corruption involving officials of the European Communities or officials of the Member States of the European Union and amending Directive (EU) 2017/1371 of the European Parliament and of the Council (COM(2023)0234).
Amendment 13 #
2023/2113(INI)
Draft opinion
Paragraph 11
Paragraph 11
11. Calls, in this context, also for all EU institutions to adhere to the highest possible standards with a view to the prevention of corruption, such as, inter alia, the creation of an effective EU Ethics Body, the full application of Regulation 1049/200112 on access to documents, and the full application of the conditionality principle as regards the EU Transparency Register; calls on the Member States to try to reach an agreement as soon as possible on the proposed directive on combating corruption; with a view to establishing a common homogeneous framework of codes of conduct, standards preventing conflicts of interest and rules ensuring the transparency of procedures; _________________ 12 Regulation (EC) No 1049/2001 of the European Parliament and of the Council of 30 May 2001 regarding public access to European Parliament, Council and Commission documents (OJ L 145, 31.5.2001, p. 43).
Amendment 16 #
2023/2113(INI)
Draft opinion
Paragraph 12 a (new)
Paragraph 12 a (new)
12 a. Recalls that no sector is corruption-risk safe, including those that manage significant public funds or access to critical infrastructures and services, such as healthcare or construction; stresses that organised crime groups play an increasingly important role in these activities, which include counterfeiting, piracy and intellectual property rights infringements, which have skyrocketed in the digital environment; recalls that the criminal groups involved in these illegal activities often use the profits to finance other illegal activities;
Amendment 1 #
2023/2112(INI)
Motion for a resolution
Citation 3 a (new)
Citation 3 a (new)
– having regard to the Commission communication of 18 September 2020 entitled ‘A Union of equality: EU anti- racism action plan 2020- 2025’(COM(2020)0565);
Amendment 2 #
2023/2112(INI)
Motion for a resolution
Citation 3 b (new)
Citation 3 b (new)
– having regard to the Commission communication of 5 March 2020 entitled ‘A Union of Equality: Gender Equality Strategy 2020-2025’ (COM(2020)0152);
Amendment 3 #
2023/2112(INI)
Motion for a resolution
Citation 3 c (new)
Citation 3 c (new)
– having regard to its resolution of 21 January 2021 on the EU Strategy for Gender Equality (2019/2169(INI));
Amendment 4 #
2023/2112(INI)
Motion for a resolution
Citation 3 d (new)
Citation 3 d (new)
– having regard to the Commission communication of 14 June 2016 entitled ‘Supporting the prevention of radicalisation leading to violent extremism’ (COM(2016)0379);
Amendment 5 #
2023/2112(INI)
Motion for a resolution
Citation 3 e (new)
Citation 3 e (new)
– having regard to its resolution of 4 May 2022 on the follow-up to the conclusions of the Conference on the Future of Europe;
Amendment 6 #
2023/2112(INI)
Motion for a resolution
Citation 4 a (new)
Citation 4 a (new)
– having regard to the Commission communication of 30 September 2020 on achieving the European Education Area by 2025 (COM(2020)0625);
Amendment 8 #
2023/2112(INI)
Motion for a resolution
Citation 4 b (new)
Citation 4 b (new)
– having regard to its resolution of 11 November 2021 on the European Education Area: a shared holistic approach (2020/2243(INI));
Amendment 10 #
2023/2112(INI)
Motion for a resolution
Citation 4 c (new)
Citation 4 c (new)
– having regard to its resolution of 8 March 2022 on the role of culture, education, media and sport in the fight against racism (2021/2057(INI));
Amendment 12 #
2023/2112(INI)
Motion for a resolution
Citation 4 d (new)
Citation 4 d (new)
– having regard to its resolution of 6 April 2022 on the implementation of citizenship education actions (2021/2008(INI));
Amendment 13 #
2023/2112(INI)
Motion for a resolution
Citation 4 e (new)
Citation 4 e (new)
– having regard its resolution of 14 December 2022 on the implementation of the New European Agenda for Culture and the EU Strategy for International Cultural Relations (2022/2047(INI));
Amendment 36 #
2023/2112(INI)
Motion for a resolution
Recital B
Recital B
B. whereas gender-, belief- and ethnicity-based injustices have been inherent in European history over many centuries, including in the form of antisemitism and antigypsyism; whereas these forms of discrimination are against European values as enshrined in Article 2 TEU;
Amendment 53 #
2023/2112(INI)
Motion for a resolution
Recital G a (new)
Recital G a (new)
Ga. whereas the role of women in history has generally been under- represented, with their achievements being made invisible in favour of men; whereas the dissemination of women’s footprint and the evolution of women’s rights in history is an indispensable axis in the creation of a European historical consciousness;
Amendment 55 #
2023/2112(INI)
Motion for a resolution
Recital G b (new)
Recital G b (new)
Gb. whereas the teaching of history lacks an interdisciplinary, multicultural and gender approach intersecting topics to capture its various aspects and context; whereas even general teaching on human rights and peace education have not received sufficient attention in the history curricula so far1a ; _________________ 1a Ecker, A. (2018) The Education of History Teachers in Europe—A Comparative Study. First Results of the “Civic and History Education Study”. Creative Education, 9, 1565-1610.
Amendment 60 #
2023/2112(INI)
Motion for a resolution
Recital H a (new)
Recital H a (new)
Ha. whereas education is the main tool for building societies shaped by democratic values of freedom, respect and solidarity and should be considered an investment in the future rather than a cost; whereas the European Education Area is a unique opportunity to provide fair and equal opportunities in education by 2025, to give everyone reading, scientific and analytical skills that are necessary to apprehend history and to foster a sense of belonging to Europe and civic awareness;
Amendment 62 #
2023/2112(INI)
Motion for a resolution
Recital H b (new)
Recital H b (new)
Hb. whereas European citizenship education as part of national education systems in a number of countries includes learning about and assimilating major events in the history of the Europe, and awareness raising about its influence in the development of the European Union;
Amendment 63 #
2023/2112(INI)
Motion for a resolution
Recital H c (new)
Recital H c (new)
Hc. whereas student mobility and other tools of the Erasmus+ programme favour the exchange of ideas and promote a more transversal knowledge, breaking down national barriers and providing a better understanding of European past and present history;
Amendment 64 #
2023/2112(INI)
Motion for a resolution
Recital H d (new)
Recital H d (new)
Hd. whereas cultural and historical heritage is part of the historical identity of each place and serves the construction of historical consciousness; whereas such heritage and its monuments have sometimes been used politically by attributing and linking them directly to an ideology or political movement;
Amendment 65 #
2023/2112(INI)
Motion for a resolution
Recital H e (new)
Recital H e (new)
He. whereas the European Heritage Label as a tool for the selection of sites for their symbolic value, the role they have played in European history and the activities they offer can be used for the creation of historical awareness in a direct and interactive way;
Amendment 66 #
2023/2112(INI)
Motion for a resolution
Recital H f (new)
Recital H f (new)
Hf. whereas the teaching of history should be expanded to other sources and topics, such as new technologies, virtual words, film, archives and museums; whereas museums are powerful tools for teaching history and building historical awareness;
Amendment 67 #
2023/2112(INI)
Motion for a resolution
Recital H g (new)
Recital H g (new)
Hg. whereas there is a great value in collecting data and comparing methods and tools for teaching history; whereas the Council of Europe Observatory collects data and facts on how history is taught and provides a clear picture of the state of history teaching in its MMEE;
Amendment 68 #
2023/2112(INI)
Motion for a resolution
Recital H h (new)
Recital H h (new)
Hh. whereas the House of European History is a flagship project, which multi- medium and experiential approach contributes to make European history more accessible to the public;
Amendment 69 #
2023/2112(INI)
Motion for a resolution
Recital H i (new)
Recital H i (new)
Hi. whereas artistic and academic freedom are under increased pressure in many parts of Europe, with attempts of political interference notably on the management of universities, theatres and cultural centres;
Amendment 70 #
2023/2112(INI)
Motion for a resolution
Recital H j (new)
Recital H j (new)
Hj. whereas citizens’ engagement and the participation of civil society organisations play an important role in raising awareness of history, as in the European remembrance projects supported by the CERV programme;
Amendment 104 #
2023/2112(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Believes that more efforts should be done, with sufficient resources, for the House of European History to reach out to a wide public and be accessible to everyone across the Union;
Amendment 124 #
2023/2112(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Recognises that the Union’s concern mainly with narrating a story about itself ex negativo, with thenarrating a story about horrors of the past and especially, including National Socialism and Stalinism serving as a ‘negative foundation myth’, provides a strong sense of purpose for the European project, yet bears the risk of nurturing a teleological and, should not nurture a simplistic black-and-white scheme of history which potentially hampers a fully informed understanding of Europe’s intricate past and reduces incentives to challenge stereotypes and sacred cows of national histories, nations’ and states’ intricate past;
Amendment 134 #
2023/2112(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Recognises the need for a broader and more holistic understanding of European history for a (self-)critical European historical consciousness to emerge, in particular by widening the focus of current European remembrance initiatives and promoting intersectional teaching of history as well as analytical and critical thinking skills;
Amendment 141 #
2023/2112(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Underlines that the strategic objective linked to the social dimension of the New European Agenda for Culture contains the protection and promotion of Europe's cultural heritage as a shared resource, to raise awareness of our common history and values; calls on the Commission and the Member States for measures to strengthen the protection of cultural heritage and monuments from being used for political or ideological purposes;
Amendment 143 #
2023/2112(INI)
Motion for a resolution
Paragraph 9 b (new)
Paragraph 9 b (new)
9b. Encourages the Member States to develop, following the criteria of respect for democratic values of the Union, their own laws of democratic memory, including the definition, declaration and protection of places of democratic memory associated with tangible or intangible cultural heritage linked to events of singular relevance due to its historical, significance or its impact on collective democratic memory;
Amendment 144 #
2023/2112(INI)
Motion for a resolution
Paragraph 9 c (new)
Paragraph 9 c (new)
9c. Highlights the fundamental role of museums as spaces that disseminate European history and culture; calls on the Commission to develop tools to guarantee the independence and scientific freedom of museums in their role of preserving and promoting the natural, cultural and historical heritage of humanity;
Amendment 145 #
2023/2112(INI)
Motion for a resolution
Paragraph 9 d (new)
Paragraph 9 d (new)
9d. Calls on the Commission and MMEE to make best use of the Council of Europe's work, including work by its Gender Equality Commission that has gathered best practice on promoting an education free from gender stereotypes; calls on the Council of Europe to report more broadly on the state of history teaching in Europe;
Amendment 149 #
2023/2112(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Acknowledges the crucial importance of approaching Europe’s past on the foundation of European core values as enshrined in Article 2 TEU, resting on such as humanism, tolerance, democracy and the rule of law, and of creating an open sphere of discussion that also makes it possible to address difficult elements of national histories and that provides for mutual understanding and reconciliation both within and between European nations;
Amendment 152 #
2023/2112(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Stresses the role that the achievement of the European Education Area (EEA) by 2025 must play in the teaching and learning of history; calls on the Commission, through the EEA Working Group on Equality and Values, to work on deliverables that address specifically the development of European historical consciousness;
Amendment 181 #
2023/2112(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Calls on the Member States to increase the presence of a gender and multicultural perspective in history teaching, as well as the inclusion of content related to the acquisition of rights by the LGBTQI+ community and the fight against racism;
Amendment 185 #
2023/2112(INI)
Motion for a resolution
Paragraph 13 b (new)
Paragraph 13 b (new)
13b. Acknowledges the efforts made by Jean Monnet Actions and Learning EU initiatives to spread knowledge about the EU history and integration matters; calls for strengthening these actions to especially incorporate the dimension of critical thinking, especially in teacher training;
Amendment 186 #
2023/2112(INI)
Motion for a resolution
Paragraph 13 c (new)
Paragraph 13 c (new)
13c. Stresses the potential of the DiscoverEU programme for the development of young people's knowledge of European history and critical consciousness; recalls that DiscoverEU must reach out to all young people who wish to participate, especially those with fewer opportunities; calls on the Commission to create a Historical route to encourage visits to places that are emblematic of the history of European integration, in addition to the other four routes already created;
Amendment 200 #
2023/2112(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16a. Calls for the EU’s rule of law mechanism to include all forms of freedom of expression, including artistic expression and academic freedom; in this regard, urges the Commission to take artistic and academic freedom as part of the next rule of law report and link the conditionality regime to freedom of expression more explicitly;
Amendment 1 #
2023/2062(INI)
Motion for a resolution
Citation 36 a (new)
Citation 36 a (new)
– having regard to the Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions entitled `A Digital Decade for children and youth: the new European strategy for a better internet for kids (BIK+)´ (COM (2022) 212)
Amendment 3 #
2023/2062(INI)
Motion for a resolution
Recital A
Recital A
A. whereas virtual worlds have not yet been widely taken up, although their deployment in a number of use cases in various sectors (e.g. healthcare, education and gaming) has raised general awareness and has attracted the attention of public authorities;
Amendment 10 #
2023/2062(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
Ba. whereas digital sovereignty is a means of promoting the notion of European leadership and strategic autonomy, and it is key to guarantee the EU´s ability to shape and enforce legislation in the digital environment, ensuring ethical, sustainable and human- centric virtual worlds and preserving the safeguard of fundamental rights and the values of the European Union;
Amendment 19 #
2023/2062(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Stresses that virtual worlds accessible in the EU should be guided by ethical values, principles and fundamental rights enshrined in the Charter of Fundamental Rights of the European Union26 and existing EU legislation; , namely on data privacy, security and safety standards, data sharing, content moderation, cybersecurity, workers’ rights, consumers’ and child protection, accessibility requirements, respect for intellectual property rights, contestable and fair markets _________________ 26 OJ C 303, 14.12.2007, p. 1.
Amendment 26 #
2023/2062(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Points that, in particular, the following pieces of legislation already apply to different aspects of virtual worlds, Digital Services Act (DSA); Digital Markets Act (DMA); Data Governance Act; Data Act; the proposed AI Act; General Data Protection Regulation (GDPR); General Product Safety Regulation; Unfair Commercial Practices Directive; Markets in Crypto- Assets (MiCA) Regulation; European Digital Identity (eID); Directive on Copyright in the Digital Single Market; Regulation on the EU Trade Mark; Directive on the Protection of Trade Secrets; European Accessibility Act; Web Accessibility Directive;
Amendment 27 #
2023/2062(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Highlights the importance of monitoring compliance and ensuring effective enforcement of the applicable legal instruments in force; calls on the Commission to develop guidelines and best practices, in cooperation with the various stakeholders, clarifying their legal obligations and responsibilities in the metaverse; of the various stakeholders involved in the metaverse, such as platform operators, service providers, developers and users, in light of the applicable EU law;
Amendment 38 #
2023/2062(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Highlights that recent research has shown that VR sensor data is as uniquely identifiable as a fingerprint scan and can be used to infer a variety of attributes such as age, gender, income, ethnicity, and disability status; believes that this raises significant ethical concerns, notably in connection with targeted behavioural advertising, that should not be disregarded; stresses that part of addressing these ethical concerns around the collection of vast amounts of personal data, including biometric data, is to guarantee that consent for the collection of such data is not obtained only at the time of entry to the virtual world, but for each use case in line with the purpose limitation principle laid out by the GDPR;
Amendment 58 #
2023/2062(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Points out the concerns raised by the advertising techniques used when selling the so-called virtual real estate, , like a building or a piece of land in a virtual world, represented by an NFT, as users might be led to believe that they are actually acquiring property rights, when, in practice, they only obtain a licence to use the virtual ‘land’; emphasises the importance of ensuring that the applicable terms and conditions are transparent and fair;
Amendment 59 #
2023/2062(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Recalls that liability rules should fully apply to virtual worlds and underlines the importance of putting in place effective measures to prevent and address any form of harmful behaviour in the metaverse, including, where appropriate and without prejudice to the right of seeking judicial redress, the establishment of reporting and dispute resolution mechanisms;
Amendment 64 #
2023/2062(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Is concerned that the use of avatars and decentralised systems, such as those built on blockchain technology, might make it extremely challenging to hold tortfeasors accountable; considers that the implementation of effective identity management systems is key in order to allow for their proper identification and to combat fake identities, also taking into account the specificities linked to the governance of decentralised autonomous organisations (DAOs) and to collective liability; welcomes in this regard the Commission’s intention to study the added value of a possible legal framework for DAO’s;
Amendment 73 #
2023/2062(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Underlines that the body of EU law on the protection of intellectual and industrial property rights, including copyrights, trademarks, patents, designs and trade secrets fully applies to virtual worlds; stresses nevertheless that the development of virtual worlds poses new challenges in terms ofwhen it comes to intellectual property enforcement and identification of infringers, as well as the issues concerning the conflict-of-law rules on applicable law and jurisdiction;
Amendment 76 #
2023/2062(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Recalls that users in the metaverse are under the obligation to respect right holders’ exclusive prerogatives and their right to fair remuneration; highlights that the use of content protected by intellectual property rights (IPR), including in digital form in an electronic medium, such as an NFT, requires authorisation through licensing or assignment, unless it is covered by any exception or limitation to IPR protection (such as private copy, education, research, quotation, review, parody or pastiche); reiterates the importance in this regard of ensuring transparency as to the scope of licences so as to ensure that users are able to determine what uses of IPR-protected content in the metaverse are covered by the licences they hold and that creators and right holders are able to receive accurate and proper reporting on the actual use of protected works;
Amendment 81 #
2023/2062(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Welcomes the update brought about by the twelfth edition of the ‘Nice classification’, which allows for the registration of trademarks in classes covering their use in the metaverse; calls for a close follow up on the concrete application of such classification; is, however, concerned about the use of NFTs referencing trademarks without the authorisation of their owners and calls for effective measures to be implemented to detect and address these and other cases of infringement; welcomes in this regard the Commission proposal to develop a toolbox to fight counterfeiting;
Amendment 84 #
2023/2062(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Acknowledges the applicability of liability rules as laid down in the Digital Services Act and of the special regime established in Article 17 of the Copyright Directive to cover the uploading of user- generated content; believes, however, that further clarification is needed on how existing rules should apply to services available in the metaverse;
Amendment 87 #
2023/2062(INI)
Motion for a resolution
Paragraph 24 a (new)
Paragraph 24 a (new)
24a. Notes that NFTs and other blockchain based offers facilitate continuous resale of assets based on copyright protected works through online transactions and believes that appropriate and proportionate remuneration of authors for each resale of such assets needs to be ensured;
Amendment 89 #
2023/2062(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Recalls that, under the current rules, the outputs autonomously generated by AI systems might not be eligible for copyright protection, as the principle of originality is linked to a natural person the concept of “intellectual creation” presupposes the author’s personality; recalls also the difference between AI- assisted human creations and AI-generated creations; recalloutputs autonomously generated by AI; reminds that, while the current intellectual property framework remains applicable to AI-assisted creations, AI-outputs autonomously generated creationsby AI create new regulatory challenges for intellectual property rights protection, such as questions of ownership, inventorship and appropriate remuneration, as well as issues related to potential market concentration; welcomes the commitment assumed in the IP action plan for the Commission to engage in stakeholder discussions on how to address the challenges raised by AI-assisted inventions and creations;
Amendment 92 #
2023/2062(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
26. Emphasises that virtual worlds will provide opportunities for the provision of public services of general interest, to the wider benefit of citizens; underlines, however, that inclusion of and accessibility for all users in the EU must be ensured both in terms of cost and use of hardware and the understanding of software; notes that accessibility is particularly important when it comes to vulnerable population groups, such as the elderly, persons with disabilities and children, and should take into consideration aspects such as geographical location, gender, level of educational attainment and socio-economic background;
Amendment 100 #
2023/2062(INI)
Motion for a resolution
Paragraph 27 a (new)
Paragraph 27 a (new)
27a. Highlights the need to put in place effective education measures to ensure a wide virtual world’s literacy among citizens and to upskill professionals in different fields, namely teachers, and to encourage and promote the development of European talent and technologies, while attracting more people, including more women, into STEM;
Amendment 1 #
2023/2054(INI)
Motion for a resolution
Citation 2 a (new)
Citation 2 a (new)
– having regard to Directive (EU) 2019/790 of the European Parliament and of the Council of 17 April 2019 on copyright and related rights in the Digital Single Market and amending Directives 96/9/EC and 2001/29/EC,
Amendment 11 #
2023/2054(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
Ba. whereas human creativity and creative professionals such as authors and performers are at the origin and source of all music that is distributed on streaming platform;
Amendment 16 #
2023/2054(INI)
Motion for a resolution
Recital C a (new)
Recital C a (new)
Ca. whereas the increasing number of acquisitions of song catalogues and recording rights by investors in recent years proves the overall enormous economic value and potential of written and recorded music;
Amendment 19 #
2023/2054(INI)
Motion for a resolution
Recital E
Recital E
E. whereas streaming music through digital music services and online content sharing service providers is now the main way in which people around the world enjoy music, providing access to up to 3more than 100 million tracks, available anywhere, anytime and on all kinds of devices, either for free or for a comparatively low monthly subscription fee;
Amendment 28 #
2023/2054(INI)
Motion for a resolution
Recital F a (new)
Recital F a (new)
Fa. whereas user-upload content on streaming services are providing access to a vast repertoire, usually at no cost to the user at the point of access, and whereas many of these streaming services fail to provide data or data is not of a sufficient quality to identify the authors, performers and other rightsholders, leading to supressed returns to creators and increased processing costs for rightsholders;
Amendment 32 #
2023/2054(INI)
Motion for a resolution
Recital F b (new)
Recital F b (new)
Fb. whereas other factors including very high levels of concentration, unlicensed and under-licensed services, streaming manipulation and piracy are affecting the rise of a European healthy music streaming market;
Amendment 42 #
2023/2054(INI)
Motion for a resolution
Recital H a (new)
Recital H a (new)
Ha. whereas music streaming platforms should continue their efforts to increase overall transparency and traceability concerning many operational aspects of high relevance to authors, performers, rightholders, the audience and the general public, including most notably the functioning of their payment and remuneration systems, the curation of playlists, the discoverability of works, and the availability of metadata;
Amendment 58 #
2023/2054(INI)
Motion for a resolution
Recital M a (new)
Recital M a (new)
Ma. whereas authors' societies play a key role in rights management, collective negotiation and ensuring a proper value for the use of authors' works in the music streaming market;
Amendment 66 #
2023/2054(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Believes that voices of authors and performers must be taken into consideration in order to live up to the artistic, cultural and societal value and importance of their role in the music market; welcomes any efforts to improve the payment systems of music streaming platforms towards more adequately benefiting authors and performers;
Amendment 69 #
2023/2054(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Calls on the Commission to evaluate whether the fundamental principle of appropriate and proportionate remuneration is fulfilled by current payment systems of streaming platforms as well as by existing contracts concluded between authors and performers on the one hand and other actors of the value chain within the music sector on the other;
Amendment 72 #
2023/2054(INI)
Motion for a resolution
Paragraph 3 b (new)
Paragraph 3 b (new)
3b. Encourages the Commission to evaluate whether technologies such as blockchain have the potential to improve the overall situation, especially for authors, performers and rightholders, with regards to transparency, accuracy and cost efficiency, in particular concerning metadata and remuneration;
Amendment 74 #
2023/2054(INI)
Motion for a resolution
Paragraph 3 c (new)
Paragraph 3 c (new)
3c. Urges stakeholders to take the necessary steps to eliminate this imbalance, and asks the Commission to monitor any possible progress in this respect and to consider possible appropriate policy options, if this is not addressed by voluntary stakeholder initiatives;
Amendment 88 #
2023/2054(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Highlights the importance of overall transparency and traceability concerning many operational aspects of high relevance to authors, performers, rightholders, the audience and the general public, including most notably the functioning of the streaming platforms’ payment and remuneration systems, the curation of playlists, the discoverability of works, and the availability of metadata; regrets that in general, music streaming platforms significantly lack such transparency and traceability
Amendment 91 #
2023/2054(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Notes that there is strong competition between music streaming providers on the European market, with a few dominant global players; recalls the need for the rapid implementation of the Digital Market Act and the Digital Services Act in order to ensure a fair ecosystem by putting an end to unfair competition practices among online platforms and music streaming service providers;
Amendment 93 #
2023/2054(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Stresses the importance of ensuring investment in new European talent and music, by boosting the investment capacity through appropriate funding instruments, including through the Creative Europe programme;
Amendment 96 #
2023/2054(INI)
Motion for a resolution
Paragraph 9 b (new)
Paragraph 9 b (new)
9b. Calls on the Commission and the Member States to properly implement the rules applicable to online content sharing service providers with a view to ensure an appropriate remuneration of authors , performers and other rightholders from that service provider, by putting an end to non-licensed and under-licensed use of musical works;
Amendment 101 #
2023/2054(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Calls on the Commission to propose a legal framework to ensure the prominence and discoverability of European works on music streaming platforms, to ensure that editorial algorithm and content recommendation systems, including playlists, are used based on fair, reasonable and transparent terms that do not negatively affect diversity, local repertoire and opportunities for artist discovery;
Amendment 110 #
2023/2054(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12a. Emphasises the need to collect usage data for all musical works available on the streaming service in order to provide sufficiently and regularly good quality data in a format agreed among relevant actors, to enable them to accurately distribute the revenues and ensuring fair remuneration; Insists that licencing and music recognition technology should be deployed, in consultation with rights holders, in order to facilitate the implementation of EU legislation;
Amendment 119 #
2023/2054(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Calls on the Commission to gather objective data and to examine concrete solutions to ensure the visibility of European works, including to reflect on the possibility of imposing quotas on European works on music streaming platforms;,
Amendment 123 #
2023/2054(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Calls on the Commission and the Member States to assess adequate ways in order to preserve the digital European musical heritage, while reducing the de- facto dependence on commercial music streaming platforms, ensuring the availability and accessibility of European musical works in the long term;
Amendment 126 #
2023/2054(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Calls for the ethical use of AI in the music sector and supports maximum transparency and respect of all EU legal requirements in any aspect of the development, production and delivery of musical works by means of AI technologies;
Amendment 129 #
2023/2054(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Calls on the Commission to propose legal obligations to ensure the transparency of the algorithms and content recommendation systems of very large music streaming platforms, with a view to preventing fraudulent and unfair streaming manipulation practices, such as streaming fraudunfair and fraudulent practices, such as streaming manipulation, the use of deepfakes and fake artists, that are used to reduce costs and further lower value for professionals authors, as well as to ensure cultural diversity;
Amendment 135 #
2023/2054(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Emphasises that the publicusers and the public in general should be informed if the musical works, songs or artists they listen to on music streaming platforms have been generated by AI and not byexclusively by AI, without the assistance of human authors; stresses, in this regard, the need to set up an clear, timely and visible ‘AI- generated’ label forto inform of AI-generated music;
Amendment 136 #
2023/2054(INI)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17a. Welcomes dialogue among main stakeholders to tackle the spread of deepfakes in music streaming platforms while considering the interest of authors and performers; recalls that deploying identification tools and easily accessible reporting mechanism for authors, performers and other rightholders would be necessary; recalls that deep fakes are using the voices and image of artist without their consent;
Amendment 139 #
2023/2054(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Emphasises, furthermore, the need to ensure that authors, whose works have been used for training AI-generating applications, receive fair remuneration for iperformers and other rightholders can easily authorise or prevent their works from being used for the purpose of AI training and that they receive fair remuneration when their works are used with their agreement;
Amendment 143 #
2023/2054(INI)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18a. Stresses that the necessary EU requirements for transparency, consent and remuneration for the use of protected works by generative AI tools shall apply to all services and outputs available in the EU, regardless of where the training, design or development phase of such tools or models takes place;
Amendment 146 #
2023/2054(INI)
Motion for a resolution
Paragraph 18 b (new)
Paragraph 18 b (new)
18b. Considers that any provider of a foundational models of generative AI, must be subject to stronger transparency requirements such as the production of a summary with the list of the copyright protected content used on the training of their models;
Amendment 148 #
2023/2054(INI)
Motion for a resolution
Paragraph 18 c (new)
Paragraph 18 c (new)
18c. Calls on the Commission to assess whether current legislation on transparency, consent and remuneration of authors, performers and other rightholders in the European music sector is adequately implemented, particularly by providers and users of AI generative models and, in its case, to consider whether a revision of the rules is necessary in order to ensure a fair and sustainable European music ecosystem;
Amendment 152 #
2023/2054(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Invites the Commission to establish a structured dialogue between all the stakeholders in order to discuss current issues affecting the music streaming market and to work together to find common solutions towards a fairer distribution of the revenues in particular towards authors, performers and other rightholders, in particular European small and micro independent producers;
Amendment 155 #
2023/2054(INI)
Motion for a resolution
Paragraph 20 a (new)
Paragraph 20 a (new)
20a. Invites the Commission to consider introducing a European industrial strategy for music to make the EU play a role in promoting the diversity of EU artists and works, focusing on the strength and diversity of Europe’s music sector, boosting smaller players, getting more investment, providing more exposure to artists and quantifying the results.
Amendment 157 #
2023/2054(INI)
Motion for a resolution
Paragraph 20 b (new)
Paragraph 20 b (new)
20b. Points out that action could be taken at EU level to educate authors about their metadata, the role such metadata plays in the music value chain and guidance on its correct use;
Amendment 6 #
2023/2053(INI)
Motion for a resolution
Recital D
Recital D
D. whereas the European book sector is rich and diverse and one of the largest culture industries in Europe, with around 600 000 titles published annually, and the overall value chain is estimated to employ more than half a million people in the EU;
Amendment 12 #
2023/2053(INI)
Motion for a resolution
Recital E a (new)
Recital E a (new)
Ea. whereas authors are the backbone of the sector and play a vital role in society’s development;
Amendment 13 #
2023/2053(INI)
Motion for a resolution
Recital E a (new)
Recital E a (new)
Ea. whereas authors are the creative source of all books;
Amendment 14 #
2023/2053(INI)
Motion for a resolution
Recital E b (new)
Recital E b (new)
Eb. whereas publishers play an essential role in the book value chain, as the link between authors and their potential readers and independent businesses are essential with regard to freedom of expression allowing a multitude of voices to be heard and views to be aired;
Amendment 16 #
2023/2053(INI)
Motion for a resolution
Recital E c (new)
Recital E c (new)
Amendment 21 #
2023/2053(INI)
Motion for a resolution
Recital G
Recital G
G. whereas the book sector plays an essential role in fostering freedom of expression, which can only be exercised by ensuring freedom, independence, editorial diversity and editorial responsibility within the publishing industry;
Amendment 25 #
2023/2053(INI)
Motion for a resolution
Recital H
Recital H
H. whereas printed books, e-books and audiobooks represent different options available on the market nowadays and complement each other on the market;
Amendment 26 #
2023/2053(INI)
Motion for a resolution
Recital H a (new)
Recital H a (new)
Amendment 29 #
2023/2053(INI)
Motion for a resolution
Recital H b (new)
Recital H b (new)
Hb. whereas the COVID-19 pandemic had a considerable impact on the book sector leading, however, to uneven effects through Europe; whereas within each country, the impact of the pandemic has been quite diverse across several domains, such as publishing sectors, trade channels, players of different sizes, and types of books; whereas nevertheless, where the sector has been able to best adapt to the challenges raised by the pandemic, adequate and targeted support from public authorities has proved essential;
Amendment 31 #
2023/2053(INI)
Motion for a resolution
Recital I
Recital I
I. whereas the COVID-19 pandemic, Russia’s war of aggression against Ukraine, the consequent rise in costs for the sector, rampant inflation and the paper crisis have posed significant challenges to the book sector and substantially hindered its competitiveness;
Amendment 32 #
2023/2053(INI)
Motion for a resolution
Recital I a (new)
Recital I a (new)
Ia. whereas libraries are gateways to knowledge and culture and play a key role in society, especially in local communities; whereas the relevance of libraries is experienced by community members by providing access to information and resources, supporting literacy, promoting lifelong learning and serving as gathering spaces;
Amendment 35 #
2023/2053(INI)
Motion for a resolution
Recital K
Recital K
K. whereas only a very smalla steadily growing but still insufficient proportion of books are produced in formats that are accessible to persons with disabilities;
Amendment 48 #
2023/2053(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Calls on theall Member States to recognise books as essential goods and take measures at national level to further promote reading from an early age;
Amendment 52 #
2023/2053(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Stresses the value of books as tools for theto promote diversity and inclusion of groups at risk of marginalisation within society, in particular people lacking digital skills and persons with disabilities;
Amendment 54 #
2023/2053(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Underlines the need to ensure a balance in the book ecosystem by fulfilling the specific roles of the various actors of the value chain, such as authors, publishers, printers, distributors, translators, booksellers and libraries;
Amendment 55 #
2023/2053(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Calls on the Member States, in this regard, to implement the European Accessibility Act17 as soon as possible and take measures to ensure that books are available in accessible formats for persons with disabilities, in the interests of cultural, social and professional inclusion; Recalls that the European Accessibility Act goes hand-in-hand with the Marrakesh Treaty, which has been transposed into European legislation through the Marrakesh Directive and Regulation; Emphasises that the Marrakesh Treaty and the European Accessibility Act are complementary tools that aim to improve the access of persons with disabilities to published works, both physically and digitally, on equal basis with others; _________________ 17 Directive (EU) 2019/882 of the European Parliament and of the Council of 17 April 2019 on the accessibility requirements for products and services (OJ L 151, 7.6.2019, p. 70).
Amendment 56 #
2023/2053(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Underlines that due to the large number of titles available on the market and the technical challenges related to accessibility, not all e-books will be accessible by 2025; calls therefore on the Member States to ensure that adequate resources are made available to meet high costs and to ensure that the requirement to make e-books accessible does not result in a diminished offer on the market;
Amendment 64 #
2023/2053(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Calls on the Member States to provide adequate financial and structural support to the sector, in particular to SMEs, while financing research and innovation dedicated to increase accessibility;
Amendment 90 #
2023/2053(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Stresses the need to support the translation of European non-fiction books, particularly via the Creative Europe programme, which does not currently allow for this;
Amendment 91 #
2023/2053(INI)
8a. Underlines the importance of the mobility and exchanges between authors in order to facilitate their creative work and improve their opportunities to gain new professional experiences abroad;
Amendment 92 #
2023/2053(INI)
Motion for a resolution
Paragraph 8 b (new)
Paragraph 8 b (new)
8b. Welcomes the new mobility action Culture Moves Europe in the frame of the Creative Europe Programme offering mobility grants to artists and cultural professionals, in particular for literary translators;
Amendment 93 #
2023/2053(INI)
Motion for a resolution
Paragraph 8 c (new)
Paragraph 8 c (new)
Amendment 102 #
2023/2053(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Calls for more initiatives to promote reading in the Member States, such as the introduction of ‘cultural vouchers’, especially for young people and marginalised groups, that could facilitate the purchase of books;
Amendment 108 #
2023/2053(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Welcomes the Commission’s launch of the first edition of the Day of European Authors to encourage book reading among the younger generations and supports the strengthening and the continuation of this initiative in the coming years;
Amendment 115 #
2023/2053(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. CallsUnderlines that independent bookstores are cornerstones of local communities by offering a differentiated customer experience and often supporting new and local authors contributing to lively literary scenes; calls therefore on the Commission to create a label for independent bookshops in the EU in order to boost the visibility of local bookshops and promote the diversity of European books;
Amendment 116 #
2023/2053(INI)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15a. Deplores the growing attacks against bookstores and libraries, as well as the increasing censorship of inclusive books; Stresses the role of bookstores and libraries as safe and welcoming spaces, where neither censorship nor any violent acts should be tolerated;
Amendment 124 #
2023/2053(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16a. Emphasises the prevailing paper- based nature of the book industry and calls on the Commission to take into due account this specificity in the design and implementation of green transition policies to prevent negative impacts and to devise specific support measures to accompany the book sector in its transition towards a more sustainable model;
Amendment 131 #
2023/2053(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. WRecognises that calculating the carbon footprint of printing activities and its products is crucial to help consumers understand the environmental impact of their activities; in this regard, welcomes the sector’s efforts to produce printed books in a greener and more sustainable manner through the widespread use of certified and recycled paper, as well as various related initiatives, such as CO2 calculators and green labels;
Amendment 145 #
2023/2053(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Calls on the Commission to support national initiatives on data sharing and standardisation, and to collect data on the European book sector as a whole, so as to furtherbetter understand the challenges the sector is facing and further support it, optimiseing production, distribution and sustainability efforts;
Amendment 150 #
2023/2053(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Stresses the need for fair competition in the book market in order to guarantee consumer choice and cultural diversity; underlines the unfair practices by certain dominant online players that abuse their position to the detriment of other actors in the value chain; in this regard, calls on the Commission and the Member States to monitor the effective implementation and compliance with the obligations of the Digital Markets Act (DMA) by dominant online market players to ensure fair competition;
Amendment 40 #
2023/2051(INL)
Motion for a resolution
Citation 41 a (new)
Citation 41 a (new)
– having regard to Directive (EU) 2022/2381 of the European Parliament and of the Council of 23 November 2022 on improving the gender balance among directors of listed companies and related measures (Women on Boards) and Directive (EU) 2023/970 of the European Parliament and of the Council of 10 May 2023 to strengthen the application of the principle of equal pay for equal work or work of equal value between men and women through pay transparency and enforcement mechanisms;
Amendment 93 #
2023/2051(INL)
Motion for a resolution
Recital F
Recital F
F. whereas CCS professionals tend to have low retirement savingentitlements as a result of the atypical and sometime precarious nature of their work; whereas artists may continue practicing beyond the official retirement age;
Amendment 101 #
2023/2051(INL)
Motion for a resolution
Recital G
Recital G
G. whereas the limited collective bargaining practices in the cultural and creative sectors15 in several Member States contribute to poor job quality, low income and limited access to social protection; whereas trade unions face challenges in organizing CCS workers, due to intermittent work patterns, changing work places, combining of professional activities and in view of the higher number of self-employed professionals in the sector; _________________ 15 Eurofound note on employment trends and working conditions in the creative sectors provided at the request of the rapporteurs, 29 May 2023.
Amendment 158 #
2023/2051(INL)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Considers that the arts, the broader cultural and creative sectors, entertainment and sports play a fundamental role in human flourishing and in Europe’s social cohesion and economy; underlines that CCS professionals are key to the process of European integration;
Amendment 228 #
2023/2051(INL)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Calls on the Commission and the Member States to work with the European Labour Authority to facilitate, thorugh the provision of easily accessible information, the full application of applicable collective agreements in the country of destination to posted CCS professionals;
Amendment 238 #
2023/2051(INL)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Deplores the practice of offering payment for cultural and creative work in the form of exposure as well as all forms of underpaid or unpaid work, including hidden work time and inappropriate use of internships, arising from widespread power imbalances in the contractual relationship;
Amendment 249 #
2023/2051(INL)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Recalls the importance of copyright and related rights in the cultural and creative sectors and of properly implementing them, ensuring that every type of rightholder is fairly remunerated, in particular authors and performers; stresses the need to facilitate legal access to content and the need to fight against piracy, in particular in the digital single market;
Amendment 289 #
2023/2051(INL)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12a. Believes that public funders in the cultural and creative sectors have a responsibility to promote fair practices and calls for the integration of fair principles in their funding strategies, in consultation with the social partners; insists that all professional institutional engagements of CCS professionals should be fairly remunerated and job substitution through bogus volunteering should be tackled; calls on public funders at EU, national and regional level to introduce terms and conditions on the use of public funding to ensure fair remuneration and working conditions of CCS professionals, and to advance gender equality, in compliance with collective agreements where they exist, and to promote the achievement of collective bargained solutions where they do not yet exist;
Amendment 326 #
2023/2051(INL)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16a. Underlines the role played by collective management organisations formed and managed by authors and composers to ensure their fair remuneration through collective negotiations and collective actions; notes that collective management organisations also provide significant social and cultural funds for the well-being of creators and sustainability of cultural sector and cultural diversity in Europe; recalls that such organisations have provided a safety net role for most fragile creators during the pandemic;
Amendment 334 #
2023/2051(INL)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17a. Calls on the Members States, in consultation with the social partners, to provide tailored information to CCS professionals, especially in case of cross- border mobility;
Amendment 352 #
2023/2051(INL)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Stresses that access to the European Education Area is fundamental for artistic research and the career development of teachers and young professionals in the cultural and creative sectors; calls on the Member States to ensure that higher arts education is fully integrated in the European Education Area; urges the Commission and the Member States to work towards the valorisation and automatic mutual recognition of diplomas and other qualifications, learning outcomes and study periods abroad;
Amendment 359 #
2023/2051(INL)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Is concerned by the lack of career transition support systems in place for artists and CCS professionals in need of retraining when it is not possible to continue with their careers; believes this is of particular importance for professionals whose practice relies on their physical capacities, such as among others dancers, singers and musicians, and for professionals whose jobs are put at risk by the digital transition; calls on the Member States to invest in skills development programmes, technical and vocational education, technical and vocational training systems and lifelong learning schemes, allowing those interested to develop new skills either within or outside the cultural and creative sectors;
Amendment 375 #
2023/2051(INL)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Notes that the cultural and creative sectors show a very high dependence rate from clients and above average exposure to intimidation and discrimination; with 86 % of unions in the entertainment industry expressing concern about sexual harassment occurring at work or in work- related environments1a; notes that, within the entertainment sector, the live entertainment and film/television production sub-sectors are particularly affected1b; urges the Member States, in cooperation with the social partners, to investigate scrupulously the reported cases, to raise awareness and to establish guidelines on harassment prevention through education and training; _________________ 1a Policy Brief on sexual harassment in the entertainment industry, ILO, 2020 https://www.ilo.org/wcmsp5/groups/public /@ed_dialogue/@actrav/documents/public ation/wcms_761947.pdf 1b ILO Policy Brief on sexual harassment in the entertainment industry (2020)
Amendment 391 #
2023/2051(INL)
Motion for a resolution
Paragraph 23 a (new)
Paragraph 23 a (new)
23a. Calls on the Member States to facilitate the establishment and funding of independent structures, in consultations with the social partners, where artists and CCS professionals can confidentially report unfair practices, such as abuse of power, harassment, bullying, and discrimination, obtain guidance and legal counsel;
Amendment 407 #
2023/2051(INL)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Is concerned by the effects of increasing automation, which pose a particular challenge to artists and other CCS professionals at risk of losing their jobs or their remuneration rights or of suffering from deteriorating working conditions and losses of their remuneration rights; calls on the Commission to develop a proactive strategic approach at Union level to anticipate the effects on jobs and the challenges that arise from the emergence of streaming services and generative AI systems, including the use of deepfakes without consent; suggests the development of codes of conduct involving all stakeholders in the CCs and the digital and technological sector, and including trade unions, to ensure the respect for European values such as cultural diversity and the respect for author's rights and fair remuneration;
Amendment 417 #
2023/2051(INL)
Motion for a resolution
Paragraph 26
Paragraph 26
26. Reiterates its call on the Commission to assess the challenges posed by AI-generated content on the cultural and creative sectors, in particular those related to the generation of content in breach of Union law, copyright rules, and potential misuse; underlines the need to ensure that providers of generative AI comply with the obligations established in the Artificial Intelligence Act; recalls that generative AI should ensure transparency about the fact the content is generated by an AI system, not by humans; recalls that without prejudice to Union or national legislation on copyright, generative AI providers shall document and make publicly available a sufficiently detailed summary of the use of training data protected under copyright law;
Amendment 429 #
2023/2051(INL)
Motion for a resolution
Paragraph 27
Paragraph 27
Amendment 477 #
2023/2051(INL)
Motion for a resolution
Annex I – Recommendation 3 – paragraph 2 – indent 3 a (new)
Annex I – Recommendation 3 – paragraph 2 – indent 3 a (new)
- To assess existing and forthcoming initiatives to ensure the fair remuneration of creators
Amendment 5 #
2023/2019(INI)
Draft opinion
Recital A
Recital A
A. whereas Regulation (EU) 2018/302 on addressing unjustified geo-blocking and other forms of discrimination based on customers’ nationality, place of residence or place of establishment within the internal market and amending Regulations (EC) No 2006/2004 and (EU) 2017/2394 and Directive 2009/22/EC of 28 February 2018 does not address geo-blocking of digital media content; whereas the Regulation mandates a review to assess if its scope should be extended to these sectors; excludes from its scope audiovisual services, including services the principle purpose of which is the provision of access to broadcasts of sports events as well as cinematographic services, whatever their mode of production, distribution, and transmission, and radio broadcasting1a, and which are provided on the basis of exclusive territorial licenses; whereas the Regulation mandates a review to assess if its scope should be extended to these sectors; _________________ 1a Regulation (EU) 2018/302 does not apply to the activities referred to in Article 2(2) of Directive 2006/123/EC.
Amendment 7 #
2023/2019(INI)
Draft opinion
Recital A a (new)
Recital A a (new)
Aa. whereas the audiovisual sector is comprised by an extensive number of highly innovative and creative independent production and distribution industries of diverse size, including micro- , small and medium-sized enterprises (MSMEs), that produce, distribute and showcase a wide variety of content across the Member States; whereas in 2019 the EU audiovisual sector employed an estimate of around 490 000 people1a; _________________ 1a According to the May 2023 European Media Industry Outlook, employment in production represented 42% of audiovisual employment, broadcasters accounted for 34% (including on news services as well as infrastructure/technical work), cinemas 13%, post-production 7% and distribution 3%; the period 2011-2019 experienced an increase in production in the EU since the rise of streaming platforms; TV employment increased by over 25% over the same period;
Amendment 9 #
2023/2019(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Notes that the sector has a broad range of stakeholders composed of many SMEs, including a large number of highly innovative and creative independent production and distribution companies that produce, distribute, and showcase a wide variety of content across the EU;
Amendment 17 #
2023/2019(INI)
Draft opinion
Recital B
Recital B
B. whereas the Commission’s review shows that European consumers only have access to a small proportion of the total2022 European Audiovisual Observatory report on Circulation of European films on video- on-demand (VOD) and in cinemas shows that on average, European audiences have access to over 8 500 European films on VOD in their countent made available online in the Unionries; whereas 82% of such films originate from other European countries; whereas despite the number of consumers trying to access digital mediacopyright- protected content offered in other Member States is growing rapidly and a third of citizen, only a minority of consumers have expressed interest in doing so;
Amendment 21 #
2023/2019(INI)
Draft opinion
Recital C
Recital C
C. whereas citizens who have purchased digital media content and move to anthe Portability Regulation (EU) 2017/1128 allows consumers who have subscribed to digital media content services in their own EU Member State access to their paid subscriptions when temporarily staying in other EU Member State often find they can no longer access that content due to geo-blocking; whereas a permanent change of residence of the subscriber would entail the re-negotiation of the provision of audiovisual services with the service provider that operates in the new country of residence;
Amendment 25 #
2023/2019(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Reiterates the fact that the current system of exclusive territorial licensing currently ensures the sustainable financing of films and audiovisual content, and is crucialcontributes to ensuring both content diversityand cultural diversity, pluralism, and a wide range of distribution business models, which ultimately benefit EU consumers;
Amendment 26 #
2023/2019(INI)
Draft opinion
Recital D
Recital D
D. whereas the Online Television and Radio Programmes Directive1a facilitates the cross-border accessibility of certain television programmes on broadcasters’ online services, and, in corroboration with contractual practices, promote that citizens living in border regions or belonging to linguistic minorities are often prevented fromcan accessing content in their native languages due to geo-blocking, which hinders their access to and enjoyment of cultural content; and enjoy cultural content1b; _________________ 1a Directive (EU) 2019/789 laying down rules on the exercise of copyright and related rights applicable to certain online transmissions of broadcasting organisations and retransmissions of television and radio programmes, and amending Council Directive 93/83/EEC 1b Studies show that public service media operate 224 TV, radio services and internet streams that specifically target linguistic minorities, ethnic minorities, non-native citizens, religious groups and migrants.
Amendment 32 #
2023/2019(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Considers that the inclusion of audiovisual services in the scope of the Geo-blocking Regulation would result in a significant loss of revenue, putting investment in new content at risk, while eroding contractual freedom and reducingch would also impact cultural diversity in both content production and, distribution, and promotion;
Amendment 34 #
2023/2019(INI)
Draft opinion
Recital E
Recital E
E. whereas Parliament called for theseminorities-related issues to be addressed in its resolution of 13 November 2018 on minimum standards for minorities in the EU; whereas the ‘Minority SafePack’ European Citizens’ Initiative called for these issues to be addressed through the development of a unitary European copyright that will lead to the abolition of licensing barriers within the Union; whereas the Commission communication C(2021) 171 final1a admits the existence of substantial harmonisation of copyright law, notably with TFEU Article 53(1) and Articles 62 and 114 as a legal base, and that the extension on the overall dynamics of the audiovisual sector needs further assessment; _________________ 1a C(2021) 171 final, Communication on the European Citizens' Initiative 'Minority SafePack – one million signatures for diversity in Europe'.
Amendment 37 #
2023/2019(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Highlights that such an inclusion could trigger a chain of negative effects for the creation, financing, production and, distribution, and promotion of films and audiovisual content in the mid to long term, thus potentially damaging cultural diversity and a whole value chain that relies entirely on the principle of territoriality.;
Amendment 39 #
2023/2019(INI)
Draft opinion
Recital F
Recital F
F. whereas the Commission organised a stakeholder dialogue to find solutions for these issues, but no significant agreements were reached and the proposals put forward would not adequately address the geo-blocking of digital media content; with the audiovisual sector to discuss concrete ways to foster the circulation of, and improve consumers’ access to audiovisual content across the EU; whereas this dialgue showed how diverse the sector is, and outlined the wide array of solutions thereby developed to address both availability of interesting content and competititon with non-European content providers; whereas the audiovisual sector is continuously working to find solutions for these issues adequately, safeguarding investment in content and respecting and upholdig the sector’s value chain and needs;
Amendment 41 #
2023/2019(INI)
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Considers that such inclusion may, in particular, lead to a price harmonisation prejudicial to the consumers, as the consequent increase of pricing in countries where territorial exclusivity enables to offer content to a price point aligned with the consumers purchasing powers;
Amendment 44 #
2023/2019(INI)
Draft opinion
Recital F a (new)
Recital F a (new)
Amendment 46 #
2023/2019(INI)
Draft opinion
Paragraph 7 b (new)
Paragraph 7 b (new)
7b. Considers, however, that more can be done to increase the circulation of works and programmes across borders; calls on the more systematic circulation of existing and new cinema and audiovisual content across borders;
Amendment 49 #
2023/2019(INI)
Draft opinion
Paragraph 7 c (new)
Paragraph 7 c (new)
7c. Notes that providing support to subtitling and dubbing content increases not only the demand and availability on different countries, but also its accessibility; draws attention to the increase in delivering of European content to audiences across Europe, and calls on further investment from the Member States and the sector;
Amendment 49 #
2023/2019(INI)
Draft opinion
Recital G
Recital G
G. whereas persistent barriers to accessing to digital media content, such as price, fragmentation, geo-blocking and the unavailability of dubbing or subtitles force citizcopyright ensures that rightholders can create and disseminate content in the first place; whereas efforts should continue towards informing European consumers about what is legal and what is not in the accessibility to digital media contenst to resort to piracy in order to accesseffectively fight piracy of audiovisual content, including live content;
Amendment 52 #
2023/2019(INI)
Draft opinion
Paragraph 7 d (new)
Paragraph 7 d (new)
7d. Reminds of the importance of article 7 of the Directive 2010/13/EU of the European Parliament and the Council (Audiovisual Media Services Directive), and stresses that accessibility of content should be understood on its complete scope; calls for the reinforcement of its application including for hearing impaired and visually impaired people, ensuring the access to the audiovisual content is inclusive and available to all European citizens;
Amendment 54 #
2023/2019(INI)
Draft opinion
Paragraph 7 e (new)
Paragraph 7 e (new)
7e. Fosters European culture and diversity of content, which ultimately benefit the European consumers;
Amendment 54 #
2023/2019(INI)
Draft opinion
Recital H
Recital H
H. whereas the growth of on-demand content and the shrinking still sits in Eurolpe ofn a strong television and radio should prompt a rethoffer; whereas the distribution and showcasinkg of the Union’s approach to content licensingaudiovisual content are largely carried out by local or national operators who seek content licensing on a territory-by- territory basis, which hence play an important role in the audiovisual sector ;
Amendment 55 #
2023/2019(INI)
Draft opinion
Paragraph 7 f (new)
Paragraph 7 f (new)
7f. Highlights the relevance of the Regulation EU 2017/1128 on cross-border portability of online content services in the internal market as an example of portability, while not disturbing the value chain of the audiovisual producers, and calls for further assessment on its effectiveness in light of the fast evolving consumption habits and market trends in the sector;
Amendment 56 #
2023/2019(INI)
Draft opinion
Paragraph 7 g (new)
Paragraph 7 g (new)
7g. Recalls the unique experiences provided by the cinema sector, namely the value of theatrical releases, and calls on the Member States to support the continuation of their use, while accompanying the changing habits and consumptions patterns of the citizens;
Amendment 56 #
2023/2019(INI)
Draft opinion
Recital H a (new)
Recital H a (new)
Ha. whereas the European Commission May 2023 European Media Industry Outlook acknowledges that the broadcasters remain the top clients of producers in the audiovisual sector on all categories, amounting for 80% of the total investment in audiovisual content in Europe; whereas broadcasters play a crucial role in content diversity;
Amendment 57 #
2023/2019(INI)
Draft opinion
Paragraph 7 h (new)
Paragraph 7 h (new)
7h. Reiterates the need on investment to anticipate further market changes, to foster the emergence of new formats, and to strengthen the presence of diverse offers from EU companies online;
Amendment 58 #
2023/2019(INI)
Draft opinion
Paragraph 7 i (new)
Paragraph 7 i (new)
7i. Asks for more catalogues to be made available on video-on-demand services across borders after return on investment on the domestic market;
Amendment 58 #
2023/2019(INI)
Draft opinion
Recital H b (new)
Recital H b (new)
Hb. whereas geo-blocking in the book sector does not constitute a concern for the vast majority of consumers;
Amendment 59 #
2023/2019(INI)
Draft opinion
Paragraph -1 (new)
Paragraph -1 (new)
-1. Welcomes the Commission’s first short-term review of the 2018 Geo- blocking Regulation which upholds the continued exclusion of audiovisual services from the scope of the Regulation; welcomes the Council Conclusions ((2021/C 501 I/02 & 7809/22) underling the importance of territorial exclusivity and exclusive licensing for the sustainability of the audivisual sector, which contributes to ensuring both content and cultural diversity, pluralism, and a wide range of distribution business models that ultimately benefit EU consumers;
Amendment 60 #
2023/2019(INI)
Draft opinion
Paragraph -1 a (new)
Paragraph -1 a (new)
-1a. Stresses the crucial importance of all copyright-protected online content services for the EU, at both economic and cultural level, and considers these services contribute to safeguarding the EU’s cultural and linguistic diversity and media pluralism;
Amendment 61 #
2023/2019(INI)
Draft opinion
Paragraph -1 b (new)
Paragraph -1 b (new)
-1b. Highlights the relevance of the Regulation EU 2017/1128 on cross-border portability of online content services in the internal market, which observes the value chain of the audiovisual producers, as well as the Online Television and Radio Programmes Directive1a, which facilitates the cross-border accessibility of certain television programmes on broadcasters’ online services; calls for further assessment on their effectiveness in light of the fast evolving consumption habits and market trends in the sector; _________________ 1a Directive (EU) 2019/789 laying down rules on the exercise of copyright and related rights applicable to certain online transmissions of broadcasting organisations and retransmissions of television and radio programmes, and amending Council Directive 93/83/EEC.
Amendment 62 #
2023/2019(INI)
Draft opinion
Paragraph -1 b (new)
Paragraph -1 b (new)
-1b. Recognises the pragmatic and constant adaptation by film and audiovisual sectors in Europe to the cultural and economic realities of the Union, with diverse national and regional cultures, habits, market conditions and audience demand; acknowledges that these audiences require tailored approaches to content development, production and distribution, as exemplified by the increasing number of European language content available in different streaming platform services;
Amendment 68 #
2023/2019(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Calls on the Commission to rapidly createonsiders, however, that more can be done to increase the circulation of works and programmes across borders; calls on the Commission to launch an impact assessment to evaluate the need for the legal and regulatory conditions to guarantee the freedom to provide digital media content services and to ensure the dissemination and reception of digital media content from regions where minorities live, so that they can watch and listen to content in their mother tongue without geo-blocking oif thise content if it is broadcast or provided from anoed in the country of residence of ther countrncerned minority;
Amendment 73 #
2023/2019(INI)
Draft opinion
Paragraph 2
Paragraph 2
Amendment 83 #
2023/2019(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Calls on the Commission to guarantee citizens’ long-term access to the digital media content they have purchased, regardless of where that content was purchaseda thorough implementation of the Regulation (EU) 2017/1128 on cross- border portability of online content services in the internal maket;
Amendment 88 #
2023/2019(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Calls on the Commission to propose legislation obliging commercial providers of digital media content operating in multiple Member States to allow Union citizens to purchase access to the catalogue of the Member State of their choicethat ensures that the content in which digital media service providers invest is fully protected; calls on the Commission to ensure that the implementation of the Recommendation on combatting online piracy of sports events and other live content is thoroughly and adequately assessed; urges the Commission to pursue legislation addressing online piracy of live content should the effects of the Recommendation be inadequate to protect the affected sectors;
Amendment 93 #
2023/2019(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Notes that current audiovisual content availability proves the business model of territorial exclusivity is ensuring an abundance of films and that the continued exclusion of audiovisual services from the scope of the regulation remains fit for purpose;
Amendment 97 #
2023/2019(INI)
Draft opinion
Paragraph 4 b (new)
Paragraph 4 b (new)
4b. Recalls that the Geo-blocking Regulation allows consumers access to online content services in other Members States if the service provider holds the rights for their territories;
Amendment 101 #
2023/2019(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Calls on the Commission to prohibit geo-blocking by digital media content platforms and ban restrictions by rights-holders on passive sales of individual content or subscriptionsengage with the cultural and creative sectors to explore ways of making geo-blocking by digital media content platforms more efficient by indentify the technical, legal and economic rationale for territorial licensing;
Amendment 102 #
2023/2019(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Considers that the inclusion of audiovisual services in the scope of the Geo-blocking Regulation would result in a significant loss of revenue for the sector, putting investment in new content at risk, while eroding contractual freedom, reducing cultural diversity in content production, distribution and exhibition, and eventually affecting the continuation of an extensive number of micro-, small and medium-sized enterprises (MSMEs); whereas such inclusion would have a severe impact on 490 000 jobs;
Amendment 107 #
2023/2019(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Considers that the current model for media licensing is incompatible with the trend away from television and radio and towards on-demand content; callstelevision and radio services enable a wide professionally-produced offer of on- demand content in Europe1a; calls on the Commission to support co-production schemes in the European Union; asks for more catalogues to be made available on video on-demand across borders, after return on investment on the Cdommission to review the Union’s approach to media licensing. estic market. _________________ 1a Studies show that 43% of EU households use Digital Terrestrial Television, which is only one of the various access points to linear television. In total, Europeans spend 2 hours 19 minutes watching linear TV per day, which is stable (-1% since 2017), whilst they spend 1 hour and 59 minutes per day on social media.
Amendment 110 #
2023/2019(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Recalls that further extension of the scope of the 2018 Geo-blocking Regulation to other online content services, such as access to music, e-books or videogames, would only have the effect of pushing out of the market many SMEs, strengthening the position of a few internet giants while bringing no substantial benefit to consumers;
Amendment 4 #
2023/2018(INI)
Motion for a resolution
Recital B
Recital B
B. whereas solidarity activities should present potential European added value, benefit communities and foster participants’ personal, educational, social, civic and professional development; whereas volunteering, both within and beyond the Union, is an enriching experience in a non- formal and informal learning context;
Amendment 8 #
2023/2018(INI)
Motion for a resolution
Recital C
Recital C
C. whereas the effects of the COVID- 19 pandemic did not dimpactinish the interest in the programme, but rather highlighted its potentialrelevance and proved the importance of young people’s engagement on the ground in solidarity activities, including blended volunteering;
Amendment 14 #
2023/2018(INI)
Motion for a resolution
Recital G a (new)
Recital G a (new)
Ga. Whereas the ESC bears great potential to develop a European common sense of belonging, providing learning opportunities for volunteers to become active citizens, contributing to build better societies, fostering cohesion, advancing peace and preventing violence;
Amendment 15 #
2023/2018(INI)
Motion for a resolution
Recital G b (new)
Recital G b (new)
Gb. Gb. whereas a very limited number of actions dealt directly with citizenship education1a; _________________ 1a Report on the implementation of EU citizenship education actions
Amendment 16 #
2023/2018(INI)
Motion for a resolution
Recital H
Recital H
H. whereas one of the main policy priorities is including young people with fewer opportunities; whereas in 2021-2022, a total of 14 060 participants belonged to this category, of whom 8 622 were awarded places as individual volunteers and 5 438 were awarded places on volunteering teams; whereas inclusivity, taking also into consideration rural areas, should remain a high priority of the programme, and more efforts should be devoted to ensure geographical balance in the participation of people from disadvantaged backgrounds across the Union;
Amendment 28 #
2023/2018(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Insists that volunteering within the ESC must include learning and training components; and shall not be a substitute for traineeships or jobs, nor be equated with employment;
Amendment 29 #
2023/2018(INI)
Motion for a resolution
Paragraph 1 b (new)
Paragraph 1 b (new)
1b. Believes that proper training and proven skills of volunteers should be required to be entitled to have direct contacts with vulnerable people, in particular children with special needs, so as to guarantee child protection and not be detrimental to the wellbeing of children;
Amendment 32 #
2023/2018(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Affirms that volunteering on the ground allows for meaningful interactions that cannot be substituted by virtual or blended volunteering without diminishing the quality of the experience; points out that blended or virtual volunteering deprives much needed resources from other actions of the programme;
Amendment 39 #
2023/2018(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Calls onUrges the Commission, the Member States, NAs and engaged organisations to help raise awareness about the programme and its individual strands, to further build its brand and to reach out to more young people, particularly those with fewer opportunities; calls on regular monitoring and reporting in this regard;
Amendment 45 #
2023/2018(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Notes that young people’s needs and social trends are changing; invites the Commission to explore and develop new volunteering formats for the next programming period, such as part-time volunteering, virtual volunteering or blended volunteering, and to provide participants and organisations with a sufficient budget;
Amendment 47 #
2023/2018(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Believes that in-country activities are particularly importrelevant for young people with fewer opportunities; calls on the Commission to lower the age limit and the mandatory minimum number of five participants per solidarity project for in- country activities in the next programming period, following the example of Erasmus+ youth participation activities;
Amendment 53 #
2023/2018(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Welcomes the programme’s inclusive natureobjectives and the implementation guidelines for its inclusion and diversity strategy; calls onurges the Commission to consider adopting a more flexible and inclusive approach to individual volunteering, enabland Member States to implement the strategy with utmost care and attention, ing participants to mix and match countries, areas of activity and experiences in order to make the programme more inclusiveular to support organisations in reaching out to more participants with fewer opportunities and to monitor its implementation carefully;
Amendment 55 #
2023/2018(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Calls on the Commission to consider adopting a more flexible approach to individual volunteering, enabling participants to mix and match countries, areas of activity and experiences;
Amendment 59 #
2023/2018(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Calls to reinforce the knowledge of volunteers on the European Union through their initial training, by including a mandatory module on European citizenship education, in order to reinforce the EU added value of the programme;
Amendment 73 #
2023/2018(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Believes that solidarity should be mainstreamed across EU programmes; praises therefore the synergies achieved with Horizon Europe; calls on the Commission to explore the development of synergies with the European Social Fund and with union actions on disaster relief; taking into account that young volunteers cannot substitute professional first responders;
Amendment 76 #
2023/2018(INI)
Motion for a resolution
Paragraph 14 b (new)
Paragraph 14 b (new)
14b. Considering the unfulfilled demand of the ESC, the increasing requests for solidarity after recurrent crises, its symbolic value to promote understanding and cohesion between Europeans, and the cost-effectiveness of actions to foster peace and prevent conflict; calls on the Member States and the Commission to, at a minimum, double the budget of the ESC in the next Multiannual Financial Framework;
Amendment 77 #
2023/2018(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Calls on the Commission to address other budgetary issues, such as discrepancies between NAs in handling applications, by establishing specific centralised grants, managed by the European Education and Culture Executive Agency, for individual volunteering and solidarity projects for European organisations and networks, by recommending a minimum amount to be paid by host organisations to their partner/supporting organisations, by removing or increasing the current funding cap for coordination costs, indexing to inflation flat rates and lump sums, and by securing regular funding for quality label holders for long-term financial planning purposes; believes that these measures will help organisations and national agencies to provide more opportunities and fulfil the programme’s potential;
Amendment 78 #
2023/2018(INI)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15a. Concludes that in view of the current high demand, showing the relevance of the programme among European youth, as well as the importance of its objectives, that of contributing to social cohesion, fostering understanding among Europeans and preventing conflict through solidarity, also in view of the increasing need for European support after recurrent crises, the ESC has proven its value as a self- standing programme and merits reinforced budget as to live up to its true potential;
Amendment 1 #
2023/2003(INI)
Motion for a resolution
Citation 14 a (new)
Citation 14 a (new)
– having regard to the Commission Communication of 11 July 2023 titled “An EU initiative on Web 4.0 and virtual worlds: a head start in the next technological transition” (COM(2023) 442);
Amendment 7 #
2023/2003(INI)
Motion for a resolution
Recital B
Recital B
B. whereas the Creative Europe programme 2021-2027 features an overall budget increase of about 68 % compared to its predecessor; whereas this increase significantly depreciates due to the constantly rising inflation rate9a; whereas the overall budget has been frontloaded with a third of the financial envelope committed in the years 2021 and 2022 to address, inter alia, the fallout from the COVID-19 pandemic; _________________ 9a https://ec.europa.eu/eurostat/web/product s-eurostat-news/w/ddn-20230309-2.
Amendment 9 #
2023/2003(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
Ba. Whereas the Creative Europe programme benefits individual creators in Europe, such as artists, authors and performers;
Amendment 15 #
2023/2003(INI)
Motion for a resolution
Recital D a (new)
Recital D a (new)
Da. whereas lengthy application procedures often discourage the participation of small-sized organisations, especially those from disadvantaged areas; whereas the application procedure needs to be simplified and improved, primarily due to an increase in the number of procedural steps together with a poor user friendly interface, that may discriminate against applicants who do not use Microsoft applications;
Amendment 16 #
2023/2003(INI)
Motion for a resolution
Recital D b (new)
Recital D b (new)
Db. whereas the introduction of a platform that was not originally designed for the type of projects funded by the programme maintains a reporting procedure that is complex and difficult to navigate;
Amendment 18 #
2023/2003(INI)
Motion for a resolution
Recital E
Recital E
E. whereas the Culture strand promotes the networking of creative communities and fosters cross-border collaboration, with a particular focus on cooperation projects; whereas, within the first two years of implementation, the cooperation project scheme emerged as the most competitivepopular under the Culture strand, providing support to 291 projects;
Amendment 23 #
2023/2003(INI)
Motion for a resolution
Recital H a (new)
Recital H a (new)
Ha. whereas Culture Moves Europe is the largest EU mobility scheme for the cultural and creative sectors and has attracted around 4,660 application by mid-2023; whereas approximately 85% of the applications are from sectors such as visual arts, performing arts and music;
Amendment 24 #
2023/2003(INI)
Motion for a resolution
Recital H b (new)
Recital H b (new)
Hb. whereas the programme acknowledges the importance of the music sector as an essential component of Europe’s cultural diversity, which can benefit from the horizontal approach under the Culture strand; whereas during the period 2021-2022 the Music Moves Europe Initiative devoted EUR 5 million to strengthen the competitiveness, innovation and diversity of Europe’s music sector;
Amendment 25 #
2023/2003(INI)
Motion for a resolution
Recital H c (new)
Recital H c (new)
Hc. whereas the literary translation action plays a unique role in promoting authors across borders, reaching new audiences, and contributing to a more culturally and linguistically diverse Europe;
Amendment 28 #
2023/2003(INI)
Motion for a resolution
Recital J a (new)
Recital J a (new)
Ja. whereas, in light of the crucial role of the Creative Europe desks in promoting and informing the cultural and creative sectors about the programme, cooperation and exchanges between the Creative Europe desks and the Commission must be strengthened;
Amendment 31 #
2023/2003(INI)
Motion for a resolution
Recital J b (new)
Recital J b (new)
Jb. whereas the Seal of Excellence represents a novelty of the Creative Europe programme 2021-2027, introduced with the aim of enhancing synergies and simplifying the search for alternative funding in the event of budgetary constraints;
Amendment 33 #
2023/2003(INI)
Motion for a resolution
Recital J c (new)
Recital J c (new)
Jc. whereas the European Capital of Culture, as a special action, is a prestigious initiative enjoying a well- established place in global cultural agendas and, since its introduction in 1985, highlights the richness and uniqueness of the diversity of cultures and cities;
Amendment 35 #
2023/2003(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Calls on the Commission to enhance opportunities of the Creative Europe programme for individual cultural creators such as authors, artists and performers who are the creative source of our European culture that our society and democracy is built upon;
Amendment 36 #
2023/2003(INI)
Motion for a resolution
Paragraph 1 b (new)
Paragraph 1 b (new)
1b. Emphasises the importance of the cross-border mobility of artists, authors and performers and exchanges between them in order to facilitate their creative work and improve their opportunities to gain new professional experience abroad; welcomes in this context the new mobility action Culture Moves Europe within the CULTURE strand which offers mobility grants to artists and cultural professionals, and calls on the Commission to extend mobility opportunities for individual creators beyond the CULTURE strand;
Amendment 38 #
2023/2003(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Welcomes the programme’s response toin mitigating the effects of the COVID-19 pandemic, which severely disrupted the cultural and creative sectors even prior to the commencement of the current programme;
Amendment 39 #
2023/2003(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Reiterates its repeated calls upon the Commission and the Member States to tackle the long-term consequences of the pandemic on individual cultural creators that have come alongside other fundamental challenges such as the increasingly fast-paced technological progress which requires a specific technical and legal knowledge; therefore calls on the Commission to significantly enhance opportunities regarding the upskilling and reskilling of artists, authors and performers within the Creative Europe programme;
Amendment 40 #
2023/2003(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Acknowledges the flexibility of the Commission and the EACEA in implementing the programme, which was adapted to take into account the consequences of the COVID-19 pandemic;
Amendment 44 #
2023/2003(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Welcomes the administrative simplification measures introduced with the new generation of the programme; recalls, however, that streamlining and simplification should not result in the reduction of financial and human resources devoted to project monitoring and evaluation;
Amendment 45 #
2023/2003(INI)
Motion for a resolution
Paragraph 3 b (new)
Paragraph 3 b (new)
3b. Acknowledges that the application process is often complex, especially for small-sized organisations with limited financial and human resources; calls on the Commission and the EACEA, therefore, to permit the costs associated with the application process to be included in the overall estimated budget costs;
Amendment 47 #
2023/2003(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Acknowledges the progressive introduction of inclusion incentives across all strands in the first two years of programme’s implementation; notes, however, the lack of comprehensive data on how the programme objectives are being pursued in a way that encourages inclusion, equality, diversity and participation; urges the Commission to provide, in this regard, a detailed report in its interim evaluation;
Amendment 49 #
2023/2003(INI)
Motion for a resolution
Paragraph 4 b (new)
Paragraph 4 b (new)
4b. Acknowledges that the programme contributes to the objective of climate and environmental sustainability through its actions; notes, however, that greening priorities have been introduced differently in the three programme strands; calls on the Commission to closely monitor the implementation of greening priorities and their impact on the sectors and to regularly report on its assessment;
Amendment 50 #
2023/2003(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Highlights the importance of transparency in disseminating call results; in this regard, calls on the Commission to continue publishing the list of all grant recipients along with the awarded amount for calls in a timely manner;
Amendment 58 #
2023/2003(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Stresses the importance of the Creative Europe programme in developing and enhancing transnational partnerships, thus also contributing to EU international relations through culture; in this regard, calls on the Commission to invest appropriate resources on the external dimension of the programme;
Amendment 67 #
2023/2003(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Calls on the Commission and the Member States to further strengthen and facilitate mobility initiatives such as Culture Moves Europe and other mobility opportunities for individual creators by equipping them with higher funding within the budgets of the current and future Creative Europe programme;
Amendment 69 #
2023/2003(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Urges the Member States and the Commission, in view of the high subscription rates, in addition tochallenges arising from digitalisation and greening, in addition to high subscription rates, and rampant inflation, which isare all severely affecting beneficiaries’ operational capacity, to ensure that there are no budget cuts to the programme’s envelope in 2024 as well as the upcoming budgetary years;
Amendment 71 #
2023/2003(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Considers that pilot projects could be an important tool to allow flagship projects in the field of culture to become a reality; considers that the fact that the legal basis of Creative Europe could potentially cover a pilot project does lead to such proposal being put forward and implemented through the programme and therefore, many important initiatives do not prosper; considers in this regard that more needs to be done to establish a European book fair;
Amendment 72 #
2023/2003(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Regrets that the Seal of Excellence label has not yet been implemented, calls on the Commission to commence this label immediately, so that projects may avail, in this programming cycle, of the opportunities offered by the cumulative and alternative funding;
Amendment 75 #
2023/2003(INI)
Motion for a resolution
Paragraph 9 b (new)
Paragraph 9 b (new)
9b. Deplores the fact that, under the 2021-2027 MFF, there is no flexibility to top-up the Creative Europe programme and underlines that this precludes the funding of new initiatives, valuable pilot projects and preparatory actions;
Amendment 76 #
2023/2003(INI)
Motion for a resolution
Paragraph 9 c (new)
Paragraph 9 c (new)
9c. Deplores the funding gap between the two MFF cycles, that particularly affected the network scheme; in this regard, calls on the Commission to ensure that this situation will not reoccur in the future and to consider developing operational grants for the network schemes;
Amendment 78 #
2023/2003(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Welcomes the introduction of the sectoral approach as a new feature of the Culture strand complementing the horizontal actions; calls for its enhancement through an adequate budget allocation to cater for the respective needs of those sectors that may require a more targeted approach without impacting allocations devoted to the horizontal actions; asks the Commission to explore, for the next programming, a possible expansion of the sectorial actions to cover all sectors within the CCS, based on a sector by sector in-depth analysis; in this regard, calls on the Commission to present their findings to the Council and the European Parliament to assess a possible enhancement of the sectoral approach of the programme;
Amendment 79 #
2023/2003(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Underlines that the sectoral approach represents an excellent tool that will strengthen the book and publishing sector, enabling concerted actions that will support and stimulate market access and the wider circulation of European works;
Amendment 89 #
2023/2003(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Points out that, while recognising the major success of the new mobility action, it is imperative that an analysis of the main emerging trends is carried out by the end of 2024 with a view to the inclusion of new actors from the cultural and creative sectors; in this regard, calls on the Commission to increase the budget allocated to this action from 2025 onwards;
Amendment 95 #
2023/2003(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Welcomes the increase of actions providing support to the music sector under the Culture strand, resulting in a higher number of music-related projects being submitted under the current programme;
Amendment 106 #
2023/2003(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Emphasises the importance of the special action of the European Capital of Culture as a catalyst for the cultural and economic regeneration of cities and regions; stresses the need for additional funding for this special action to meet the additional costs incurred as a result of the long-term effects of the COVID-19 pandemic and rampant inflation; underlines that additional funding for the European Capital of Culture is long overdue; calls on the Commission, therefore, to increase the funding of the Melina Mercouri Prize, which has been endowed with only EUR 1.5 million for several years;
Amendment 107 #
2023/2003(INI)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17a. Acknowledges that the European Heritage Label is a valuable initiative promoting the significant role these sites play in the history and culture of Europe and notes that, during the period from 2013 to 2021, 60 sites have been designated with the title; calls, however, on the Commission to improve the visibility of the European Heritage Label by developing synergies with other relevant EU financial instruments;
Amendment 108 #
2023/2003(INI)
Motion for a resolution
Paragraph 17 b (new)
Paragraph 17 b (new)
17b. Underlines the importance of the different prizes supported by the Creative Europe programme in the fields of literature, architecture and heritage, music (contemporary, rock and pop) as well as audiovisual; emphasises that these long-standing initiatives are well-known by the sectors and, by rewarding achievements in different fields, increase the visibility of the European cultural and creative sectors;
Amendment 109 #
2023/2003(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Acknowledges that the Media strand remains the main European instrument providing strategic support to the independent audiovisual sector, which consistsing primarily of small and medium- sized companies, which make considerable investments in bringing culturally diverse audiovisual works to new and existing audiences; emphasises the continuation of this strand so as to increase the EU strategic autonomy, by encouraging the internationalisation of European audiovisual companies; stresses, in this regard, the importance of ensuring an appropriate budget allocation for the Media strand in order to continue supporting the recovery and transformation of the audiovisual sector;
Amendment 114 #
2023/2003(INI)
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
19a. Highlights that a large number of high-quality projects under the co- development and mini-slate schemes were rejected in 2021-2022 due to budgetary constraints; calls on the Commission, therefore, to allocate a larger budget for the future implementation of these schemes;
Amendment 115 #
2023/2003(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Underlines the vital roles of the European Film Distribution and European Film Sales support schemes in contributing to the cultural diversity of the European audiovisual sector by increasing the cross- border circulation of European films and offsetting some of the risks distributors take when investing in the production, distribution and promotion of non- national European films; stresses, therefore, that it is key to maintain adequatenhance funding for both schemes;
Amendment 120 #
2023/2003(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Welcomes the introduction of a dedicated action to support the development of video games and immersive content, which has generated considerable interest within the sector; calls on the Commission to support the cultural and creative dimension of this sector by taking into account its specific characteristics when designing the related calls for proposal including those aiming at the creation of a virtual world toolbox to support skills development for virtual worlds technologies and creators, and the support to EU cultural and creative industries to test new business models in virtual world; notes, however, that the current budget might be insufficient to produce a significant impact to enhance the development of European virtual worlds;
Amendment 125 #
2023/2003(INI)
Motion for a resolution
Paragraph 23 a (new)
Paragraph 23 a (new)
23a. Recognises the success of the Networks of European Festival call, which has supported 71 festivals under 12 networks, cooperating, inter alia, to foster audience engagement; calls on the Commission, therefore, to continue funding the two complementary actions, the European Festivals and the Network of European Festivals, in alternate years;
Amendment 126 #
2023/2003(INI)
Motion for a resolution
Paragraph 23 b (new)
Paragraph 23 b (new)
23b. Notes that, as the Media Invest facility attracted a large number of applications, increased budgetary synergies with the InvestEU programme must be secured for its future implementation; calls on the Commission to further improve the promotion of this facility amongst the audiovisual sector;
Amendment 127 #
2023/2003(INI)
Motion for a resolution
Paragraph 23 c (new)
Paragraph 23 c (new)
23c. Recalls that the European Media Freedom Act should establish a new European Board for Media Services to replace the European Regulators Group for Audiovisual Media Services (ERGA) established by Directive 2010/13/EU; stresses that the Board should be an independent body of the Union with legal personality as well as being supported by sufficient human and financial resources for the performance if its tasks; in this regard, the Board should be financed under a separate budget line and not from the budget allocated to the MEDIA strand of the programme or other budget lines in existence;
Amendment 129 #
2023/2003(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Notes that the Journalism Partnerships and the Media Literacy calls attracted the highest number of applications in 2021-2022, underlining the urgent need for increased financial support for the European media sector;
Amendment 130 #
2023/2003(INI)
Motion for a resolution
Paragraph 27 a (new)
Paragraph 27 a (new)
27a. Calls on the Commission to ensure that, in the remaining programming period, no less than 9% of the overall budget 2021-2027 is allocated to supporting the objectives of the Cross- sectoral strand;
Amendment 10 #
2023/2002(INI)
Motion for a resolution
Recital D a (new)
Recital D a (new)
Da. whereas the European Universities initiative could be considered as the second educational revolution in higher education after the Bologna process, and has been much more successful and far- reaching than initially planned, with the ambition to have 60 European Universities alliances involving more than 500 higher education institutions by mid- 2024;
Amendment 20 #
2023/2002(INI)
Motion for a resolution
Recital F a (new)
Recital F a (new)
Fa. whereas students with fewer resources face greater obstacles to enjoying Erasmus+ student mobility; whereas due to increase of housing rental prices and the scarcity of student accommodation, it is becoming increasingly difficult for students to afford and find accommodation during their mobilities; whereas the problem of housing for Erasmus+ students has particularly increased in recent years;
Amendment 55 #
2023/2002(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12a. Calls on the European Commission to ensure continuity and financial stability for European University alliances through regular funding and adecuate tools to ensure their progress over the years;
Amendment 82 #
2023/2002(INI)
Motion for a resolution
Paragraph 20 a (new)
Paragraph 20 a (new)
20a. Calls on the European Commission, in coordination with the Member States, to develop concrete measures and forms of cooperation to solve the problem of accommodation for Erasmus+ mobility students;
Amendment 15 #
2023/0441(CNS)
Proposal for a directive
Recital 2
Recital 2
(2) Crises resulting in requests for consular protection are increasing in frequency and scale. The COVID-19 pandemic, the crisis in Afghanistan in 2021, Russia’s war of aggression against Ukraine, the conflict in Sudan, the repatriations from Israel and Gaza, the multiplying humanitarian crises, as well as natural and human made disasters, and other similar crises have provided a context to identify gaps and reflect on how to further facilitate the exercise of the right to consular protection. The EU’s capacity to respond to these ongoing multiplying crisis should be reinforced, addressing any shortcomings and strengthening our preparedness, information-gathering and decision-making capacity ahead of and during crisis. Drawing lessons from those experiences, and in order to simplify procedures for citizens and consular authorities, the rules and procedures of Directive (EU) 2015/637 should be clarified and streamlined so as to improve the effectiveness of the provision of consular protection to unrepresented citizens of the Union, in particular in crisis situations. Best use should be made of the available resources at Member State and Union level, both locally in third countries and at capital level.
Amendment 23 #
2023/0441(CNS)
Proposal for a directive
Recital 10
Recital 10
(10) Where a crisis situation results in a large number of applications for consular protection, the embassies and consulates of the Member States represented in the third country concerned should be given the possibility to agree to distribute applications based on available capacity with a view to making best use thereof. For that purpose, they mayshould be assisted by Union delegations.
Amendment 25 #
2023/0441(CNS)
Proposal for a directive
Recital 19
Recital 19
(19) In order to ensure preparedness regarding possible consular crises requiring the provision of assistance to unrepresented citizens, local consular cooperation among Member States and Union delegations in third countries should include exchanges on matters relevant to such citizens, including their security and safety, the establishment of joint consular contingency plans, mechanisms for quick response, and the organisation of consular exercises. In this context, it can be particularly relevant for the consular authorities of unrepresented Member States to be included in such local consular cooperation when coordinating on consular crisis preparedness and response.
Amendment 27 #
2023/0441(CNS)
Proposal for a directive
Recital 23
Recital 23
(23) Joint consular contingency plans should also take into account, where appropriate, the roles and responsibilities of Lead States, that is, Member States represented in a given third country that are in charge of coordinating and leading the assistance of unrepresented citizens during crises, to ensure the effective coordination of consular assistance. In addition, joint consular contingency plans should be evaluated annually, or more frequently if there are extraordinary circumstances or unstable contexts that require so, in the context of consular exercises to ensure their continued relevance. At the same time, joint consular contingency plans should not be understood as replacing existing national crisis plans of Member States or affecting their responsibility to provide consular assistance to their own nationals, but as a coherent approach that can additionaly help to coordinate the efforts of the represented Member States.
Amendment 29 #
2023/0441(CNS)
Proposal for a directive
Recital 25
Recital 25
(25) Travel advice, that is, information issued by Member States about the relative safety of travelling to specific third countries, should be regularly updated in order to enables travellers to make an informed decision about a particular travel destination, including third countries where their Member State of nationality is not represented. While the issuance of travel advice is the responsibility of Member States, it is appropriate that they coordinate on that topic, notably in the context of crisis situations, with a view to ensuring, to the extent possible, consistency in the level of advice given. This could include agreeing on a common structure of the levels of risk indicated in travel advice, making use of the secure platform of the EEAS. Where possible, sSuch coordination should take place at an early stage when Member States are planning to change the level of their travel advice.
Amendment 30 #
2023/0441(CNS)
Proposal for a directive
Recital 26
Recital 26
(26) Efficient coordination is vital to ensure effective crisis response. To ensure such coordination, Member States shouldhave to be supported and receive timely information by the Crisis Response Centre of the EEAS and the Emergency Response Coordination Centre of the Commission. Coordinated Union crisis response is particularly important in cases requiring evacuations to ensure that available support is provided efficiently, and that best use is made of available evacuation capacities. For that reason, first-hand and relevant information, such as on available evacuation capacity for instance, should be shared in a timely manner to be able to react rapidly and effectively, including in case of rescue and evacuation operations using military assets. . In this regard, the EEAS should be able to receive continuous and updated information from Member States on the situation in third countries.
Amendment 32 #
2023/0441(CNS)
Proposal for a directive
Recital 28
Recital 28
(28) Joint consular teams should be based on the principles of voluntary participation, solidarity with represented Member States, equality with regard to decisions on internal working structures, simplicity regarding composition of teams, cost-sharing – with each Member State, Union institution or body bearing its own operational costs – flexibility, visibility of the coordinated Union response and openness to relevant third countries.
Amendment 33 #
2023/0441(CNS)
Proposal for a directive
Recital 30
Recital 30
(30) To support Union citizens in need, it is important to provide them with accessible and reliable information on how to avail themselves of consular assistance in third countries. The Commission services and the EEAS should contribute to that objective by, in close coordination with Member States, should disseminatinge relevant information, including information to be provided by Member States on their consular networks and third countries where they have concluded practical arrangements on sharing responsibilities for providing consular protection to unrepresented citizens. To facilitate the processing of such information, it should be provided in machine-readable format.
Amendment 34 #
2023/0441(CNS)
Proposal for a directive
Recital 30 a (new)
Recital 30 a (new)
(30 a) Member States and EU relevant bodies shall ensure that consular protection information provided to EU citizens on digital platforms, including mobile applications, is updated, reliable, transparent and accessible. In this sense, a broadcast service should be established in order for EU citizens to receive contextualised messages related to their rights, how to exercise them when they arrive to third countries, and instant notifications in the event of a crisis. Additionally, a revised and improved joint EU portal for consular protection including all significat information, instructions for urgent situations and contact information of relevant EU delegations and consular states in third countries, should be considered.
Amendment 37 #
2023/0441(CNS)
Proposal for a directive
Recital 31
Recital 31
(31) Member States should take additional measures to further contribute to raising Union citizen’s awareness of their right to consular protection, also taking into account the specific needs of persons with disabilities. Given the limited costs it entails for the Member States, one possible way to do so would be to should reproduce the wording of Article 23 TFEU in passports issued by Member States as a way to enhance citizens’ awareness of the right to protection by diplomatic and consular authorities, as already recommended by Commission Recommendation C(2007) 58415 . Member States could also feature information on the right to consular protection enjoyed by unrepresented citizens in travel advice and campaigns relating to consular assistance. They could also cooperate with passenger transport service providers and transport hubs offering travel to third countries, for example by inviting them to add relevant information on the right to consular protection to the information materials made available to customers. _________________ 5 Commission Recommendation C(2007) 5841 of 5 December 2007 on reproducing the text of Article 20 TEC in passports (OJ L 118, 6.5.2008, p. 30, ELI: http://data.europa.eu/eli/reco/2008/355/oj).
Amendment 40 #
2023/0441(CNS)
Proposal for a directive
Recital 34 a (new)
Recital 34 a (new)
(34 a) The impact of continuous crises and conflicts worldwide can entail the risk of overloading Member States’ consular protection and/or assistance, particularly in times of major crisis. The EEAS and EU Delegations, which have assumed an increasing role in this regard, have played a pivotal coordinating role on the ground. An appropriate increase of the EEAS budget and human resources should be granted, in addition to the revenue from Member States reimbursements, to guarantee the proper execution of responsibilities in providing assistance and/or protection to EU citizens.
Amendment 41 #
2023/0441(CNS)
Proposal for a directive
Recital 40
Recital 40
(40) Given that consular tasks can vary significantly, covering sensitive situations such as arrest, incarceration, injury or being a victim of a crime, it is necessary to ensure that competent authorities of the Member States and relevant Union institutions and bodies have access to and can exchange all the necessary information, including personal data, that is required to provide consular protection to Union citizens. In that context, the competent authorities of the Member States and, where they provide support, Union institutions and bodies should be entitled to process special categories of personal data, providing for suitable and specific measures to safeguard the fundamentel rights and the interests of the data subject, where doing so is strictly necessary to provide consular protection to the person concerned. This should cover health data, which may need to be processed in order to provide consular protection to an unrepresented citizen who has been seriously injured or has fallen seriously ill. Persons’ facial images need to be processed notably in cases where an EU Emergency Travel Document is to be issued. Providing assistance to an unrepresented citizen, including in the defence of legal claims, may also exceptionally require the processing of personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, or data concerning sexual orientation. In certain cases, providing consular assistance may also require the processing of genetic data, such as when providing assistance in the context of serious accidents requiring the unique identification of an incapacitated person or in the context of establishing paternity. Finally, consular cases linked to arrest or detention may likely require the competent authorities to process personal data relating to criminal convictions and offences.
Amendment 43 #
2023/0441(CNS)
Proposal for a directive
Recital 41
Recital 41
(41) When processing such special categories of personal data, the competent authorities of the Member States and Union institutions and bodies should ensure suitable and specific measures to safeguard data subjects’ rights and interests. This should include, where possible, encrypting such personal data and specific attribution of access rights for personnel who have access to the specified types of special categories of personal data.
Amendment 49 #
2023/0441(CNS)
Proposal for a directive
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Directive (EU) 2015/637
Article 7 – paragraph 4a (new)
Article 7 – paragraph 4a (new)
4 a. When providing consular protection to unrepresented citizens, Member States shall take into account the needs of vulnerable individuals at risk of discrimination on any ground referred to in Article 21 of the Charter, namely sex, race, colour, ethnic or social origin, genetic features, language, religion or belief, political or any other opinion, membership of a national minority, property, birth, disability, age or sexual orientation.
Amendment 50 #
2023/0441(CNS)
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Directive (EU) 2015/637
Article 11 – paragraph 1 – point b
Article 11 – paragraph 1 – point b
(b) facilitating , with the EEAS headquarters, the exchange of information between Member States’ embassies and consulates;
Amendment 51 #
2023/0441(CNS)
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Directive (EU) 2015/637
Article 11 – paragraph 1 – point c
Article 11 – paragraph 1 – point c
(c) facilitating, with the EEAS headquarters, where appropriate, the exchange of information with local authorities, diplomatic and consular authorities of third countries and international organisations;
Amendment 53 #
2023/0441(CNS)
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Directive (EU) 2015/637
Article 11 – paragraph 2a (new)
Article 11 – paragraph 2a (new)
2 a. Union delegations and the EEAS shall be allocated the necessary additional financial and human resources to cover the overhead and additional horizontal administrative workload.
Amendment 55 #
2023/0441(CNS)
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Directive (EU) 2015/637
Article 13 – paragraph 1
Article 13 – paragraph 1
1. In the context of local consular cooperation referred to in Article 12, Member States and the EEAS shall set up and agree a joint consular contingency plan for each third country. The joint consular contingency plan shall be updated annually, or more frequently in the event of extraordinary circumstances or unstable contexts, and contain:
Amendment 57 #
2023/0441(CNS)
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Directive (EU) 2015/637
Article 13 – paragraph 1 – point a a(new)
Article 13 – paragraph 1 – point a a(new)
(a a) an estimate and overview of the available evacuation capacities;
Amendment 58 #
2023/0441(CNS)
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Directive (EU) 2015/637
Article 13 – paragraph 2
Article 13 – paragraph 2
Where present, Union delegations shall coordinate the setting up and agreement of joint consular contingency plans, based on contributions made by the embassies or consulates of the Member States represented in the third country concerned and the consular authorities of unrepresented Member States. When necessary, this may include the cooperation with third countries and international organisations. Joint consular contingency plans shall be made available to all Member States, the EEAS and the Commission services.
Amendment 64 #
2023/0441(CNS)
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Directive (EU) 2015/637
Article 13 – paragraph 5a (new)
Article 13 – paragraph 5a (new)
5 a. Member States shall enhance situational awareness with Union delegations in third countries, including by regularly sharing risk assessments updates and possible threats to the security of EU citizens, and by exchanging information on their travel advice;
Amendment 65 #
2023/0441(CNS)
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Directive (EU) 2015/637
Article 13 –paragraph 5b (new)
Article 13 –paragraph 5b (new)
5 b. The EEAS, in close cooperation with Member States, shall provide consular crisis preparedness, simulation and response training to Union officials and Member States’ diplomatic and consular staff to improve their ability to manage crisis situations and provide assistance to EU citizens abroad;
Amendment 67 #
2023/0441(CNS)
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive (EU) 2015/637
Article 13a – paragraph 2
Article 13a – paragraph 2
2. Where necessary, Member States may be supported by joint consular teams composed of experts from Member States, in particular from Member States not represented in the third country affected by the crisis, the EEAS and the Commission services. Joint consular teams shall be available for rapid deployment to third countries affected by a consular crisis. Participation inThe EEAS and the Commission shall support the preparedness of those experts and of the joint consular teams shall be voluntary.
Amendment 69 #
2023/0441(CNS)
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive (EU) 2015/637
Article 13a – paragraph 4
Article 13a – paragraph 4
4. When providing assistance, Member States may seek, if appropriate,be supported from Union instruments such as the crisis management structures of the EEAS and its Crisis Response Centre and, via. Member States may also involve the Emergency Response Coordination Centre established by Article 7 of Decision No 1313/2013/EU, the Union Civil Protection Mechanism and, if appropriate, EU missions and operations under the framework of the Common Security and Defence Policy and the EU Rapid Deployment Capacity as provided for in the ‘Strategic Compass for Security and Defence’.;
Amendment 71 #
2023/0441(CNS)
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive (EU) 2015/637
Article 13b – paragraph 2
Article 13b – paragraph 2
2. Member States, the Commission services and the EEAS shall make the information referred to in paragraph 1, points (a), (b), (c) and (c),d) publicly available in a manner that ensures the coherence of the information provided.
Amendment 72 #
2023/0441(CNS)
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive (EU) 2015/637
Article 13c – paragraph 1
Article 13c – paragraph 1
1. Member States shall take measures to inform their citizens of their right set out in Article 20(2), point (c), TFEU. This may include in particular the following measuresIn particular by:
Amendment 74 #
2023/0441(CNS)
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive (EU) 2015/637
Article 13c – paragraph 1 – point a
Article 13c – paragraph 1 – point a
Amendment 75 #
2023/0441(CNS)
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive (EU) 2015/637
Article 13c – paragraph 1 – point ca (new)
Article 13c – paragraph 1 – point ca (new)
(c a) developing automatic notification systems, such as short message systems via telephone networks, to provide all EU citizens with basic contact information for consular protection upon arrival to a third country, as well as instant notifications in the event of a crisis
Amendment 77 #
2023/0441(CNS)
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive (EU) 2015/637
Article 13c – paragraph 1 – point cb (new)
Article 13c – paragraph 1 – point cb (new)
(c b) In addition, Member States shall reproduce the first sentence of Article 23 TFEU on national passports
Amendment 79 #
2023/0441(CNS)
Proposal for a directive
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Directive (EU) 2015/637
Article 14 – paragraph 6
Article 14 – paragraph 6
6. The Commission may adopt implementing acts establishing standard forms, available in all Member State languages, to be used for the undertaking to repay referred to in paragraph 2 and for the repayment of the costs from the Member State of nationality referred to in paragraph 3. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 15a(2).
Amendment 81 #
2023/0441(CNS)
Proposal for a directive
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Directive (EU) 2015/637
Article 16a – paragraph 1
Article 16a – paragraph 1
1. For the purposes of this Directive, the competent authorities of the Member States shall process personal data in compliance with applicable regulations and only to:
Amendment 84 #
2023/0441(CNS)
Proposal for a directive
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Directive (EU) 2015/637
Article 16a – paragraph 4
Article 16a – paragraph 4
4. Personal data processed pursuant to paragraphs 1 and 2 shall be limited to what is strictly necessary to carry out the tasks referred therein, such as the identity of the person in need of consular protection and the circumstances of the consular case.
Amendment 85 #
2023/0441(CNS)
Proposal for a directive
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Directive (EU) 2015/637
Article 16a – paragraph 5
Article 16a – paragraph 5
5. The competent authorities of the Member States and Union institutions and bodies may process personal data revealing, , providing for suitable and specific measures to safeguard the fundamental rights and the interests of the data subject, when such data reveals racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, genetic data, biometric data for the purpose of uniquely identifying a natural person, data concerning health, data concerning sex life or sexual orientation or personal data relating to criminal convictions and offences of a person in need of consular protection where doing so is strictly necessary to be able to carry out the tasks referred to in Article 9, Article 10, Article 11 and Article 13a in relation to that person.
Amendment 86 #
2023/0441(CNS)
Proposal for a directive
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Directive (EU) 2015/637
Article 16a – paragraph 6
Article 16a – paragraph 6
6. When processing the personal data referred to in paragraph 5, the competent authorities of the Member States and Union institutions and bodies shall ensure suitable and specific measures to safeguard data subjects’ rights and interests. They shall also introduce internal policies and undertake necessary technical and organisational measures to prevent unauthorised access and transmission of such personal data. Access rights to the personal data referred to in paragraph 5 shall be conferred to authorised personnel only.
Amendment 89 #
2023/0441(CNS)
Proposal for a directive
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Directive (EU) 2015/637
Article 16a – paragraph 7 – subparagraph 1
Article 16a – paragraph 7 – subparagraph 1
For the purposes of this Directive, the competent authorities of the Member States shall transfer personal data to a third country or international organisation only to carry out the tasks referred to in Article 9, Article 10 and Article 13a and in accordance with Chapter V of Regulation (EU) 2016/679. Personal data referred to in paragraph 5 shall be excluded from such transfer, unless explicit prior consent of the EU data subject.
Amendment 90 #
2023/0441(CNS)
Proposal for a directive
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Directive (EU) 2015/637
Article 16 – paragraph 7 – subparagraph 2
Article 16 – paragraph 7 – subparagraph 2
For the purposes of this Directive, Union institutions and bodies shall transfer personal data to a third country or international organisation only to carry out the tasks referred to in Article 10(1), Article 11 and Article 13a and in accordance with Chapter V of Regulation (EU) 2018/1725. Personal data referred to in paragraph 5 shall be excluded from such transfer, unless explicit prior consent of the EU data subject.
Amendment 91 #
2023/0441(CNS)
Proposal for a directive
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Directive (EU) 2015/637
Article 16b – paragraph 1
Article 16b – paragraph 1
Member States shall ensure that unrepresented citizens have an effective access to complaint mechanisms and remedyies under national law in the event of a breach of their rights under this Directive.
Amendment 93 #
2023/0441(CNS)
Proposal for a directive
Article 1 – paragraph 1 – point 10
Article 1 – paragraph 1 – point 10
Directive (EU) 2015/637
Article 19 – paragraph 3
Article 19 – paragraph 3
No sooner than [eightfour years after the transposition deadline of the amending Directive], and every four years thereafter, the Commission shall carry out an evaluation of the transposition and application of this Directive and present a report on the main findings to the European Parliament and the Council, including possible breaches of the rights under this Directive.
Amendment 2 #
2023/0264(BUD)
Draft opinion
Paragraph 1
Paragraph 1
1. Highlights that Russia’s war of aggression in Ukraine, which contributed to high inflation in many Member States, has emphasized the need to support the cultural and creative sectors and industries and the educational sector, as well as journalists and media professionals for a free press and quality information; in this regard, calls for significant increases for important EU programmes focussing on European citizens, including the youth, culture and education, namely Erasmus+ and Creative Europe;
Amendment 7 #
2023/0264(BUD)
Draft opinion
Paragraph 2
Paragraph 2
2. Highlights that Creative Europe, as the only EU Programme directly supporting the cultural and creative sector and industries, needs a significant reinforcement of all its strands to fulfil its goals in 2024, including ensuring the sector’s full recovery after the pandemic, its resilience against the currently high inflation, which also undermines European citizen’s purchasing power and a just green and digital transition;
Amendment 8 #
2023/0264(BUD)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Stresses the need for additional funding for the European Capitals of Culture, as they represent a great added value for European society, and as the rising costs due to high inflation have significantly worsened the framework conditions for the implementation of the European Capitals of Culture; highlights that additional funding is long overdue, as the "Melina Mercouri Prize" is the only direct EU funding opportunity for European Capitals of Culture and has been endowed with only 1.5 million euros for years;
Amendment 14 #
2023/0264(BUD)
Draft opinion
Paragraph 4
Paragraph 4
4. Underlines the importance of Erasmus+ Programme in promoting European values and formstrengthening European identities through education and learning in different Member States and promoting European values; stresses that some learners and teachers face significant financial difficulties in participating in the programme given the rising cost of living across Europe; believes that this poses a challenge to achieving a more inclusive participation in the programme; therefore, calls for a significant increase of EUR 60 million for the Erasmus+ Programme;
Amendment 23 #
2023/0264(BUD)
Draft opinion
Paragraph 5
Paragraph 5
5. Believes that a budgetary increase willis needed to help ensure the continued greening and digitalisation of the Erasmus+ Programme as well as further inclusion measures to allow the participation of more disadvantaged young Europeans and more learners and teaching staff; furthermore, emphasizes the need to support sport, including Esport and the gamification of educational material, under Erasmus+ to promote the role of sport for improving health and social inclusion while also fighting discrimination;
Amendment 26 #
2023/0264(BUD)
Draft opinion
Paragraph 6
Paragraph 6
6. Calls for a slight increase for the European Solidarity CorpsNotes that the European Solidarity Corps is a new programme with a small budget of over €1 billion; notes that despite the difficulties in the implementation derived from the Covid-19 crisis, the first two years of the current programming period show very high demand and a 100% absorption rate associated with high levels of oversubscription and a lower number of people supported than anticipated due to the limited available budget; concludes that an increase in the ESC budget is needed to satisfy the demand and in particular, to support young people engaged in civic engagement and solidarity actions; emphasizes the need to strengthen the humanitarian strand to improve the programme’s efforts related to the consequences of Russia’s war of aggression in Ukraine.;
Amendment 29 #
2023/0264(BUD)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Recalls the importance of the citizens’ engagement strand in CERV programme, in particular as regards town twinning and remembrance activities, and the essential role of CSOs in related projects and activities; calls for the continued support for the programme; Recalls that current inflation rates have a significant impact on the running costs of CERV beneficiaries;
Amendment 32 #
2023/0264(BUD)
Draft opinion
Paragraph 6 b (new)
Paragraph 6 b (new)
6b. Welcomes the development of the New European Bauhaus(NEB) initiative; recalls that existing culture and education programmes such as Creative Europe, Erasmus+ and the European Solidarity Corps will not allocate any budget to the NEB; considers the deployment of existing funds insufficient to achieve the objectives of the initiative beyond 2024; ask for proper funding with fresh money, in line with the planning of the MFF to ensure that the actions undertaken have a sustainable impact and that the objectives initially set by the initiative can be fully achieved;
Amendment 124 #
2023/0133(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) SEPs are patents that protect technology that is incorporated in a standard. SEPs are ‘essential’ in the sense that implementation of the standard requires use of the inventions covered by SEPs. The success of a standard depends on its wide implementation and as such every stakeholder should be allowed to use a standard. To ensure wide implementation and accessibility of standards, standard development organisations demand the SEP holders that participate in standard development to commit to license those patents on FRAND terms and conditions to implementers that chose to use the standard. The FRAND commitment is a voluntary contractual commitment given by the SEP holder for the benefit of third parties, and it should be respected as such also by subsequent SEP holders. This Regulation should apply to patents that are essential to a standard that has been published by a standard development organisation, to which the SEP holder or a previous holder of the SEPs in question has made a commitment to license its SEPs on fair, reasonable and non-discriminatory (FRAND) terms and conditions and that is not subject to a royalty-free intellectual property policy, after the entry into force of this Regulation.
Amendment 129 #
2023/0133(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) There are well established commercial relationships and licensing practices for certain use cases of standards, such as the standards for wireless communications, with iterations over multiple generations leading to considerable mutual dependency and significant value visibly accruing to both SEP holders and implementers. There are other, typically more novel use cases – sometimes of the same standards or subsets thereof - with less mature markets, more diffuse and less consolidated implementer communities, for which unpredictability of royalty and other licensing conditions and the prospect of complex patent assessments and valuations and related litigation weigh more heavily on the incentives to deploy standardised technologies in innovative products. Therefore, in order to ensure a proportionate and well targeted response, certain procedures under this Regulation, namely the aggregate royalty determination and the compulsory FRAND determination prior to litigation, should not be applied to identified use cases of certain standards or parts thereof for which there is sufficient evidence that SEP licensing negotiations on FRAND terms do not give rise to significant difficulties or inefficiencies.
Amendment 135 #
2023/0133(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) Whereas transparency in SEP licensing should stimulate a balanced investment environment, along entire Single Market value chains, in particular for emerging technology use cases underpinning Union objectives of green, digital and resilient growth, the Regulation should also apply to standards or parts thereof, published before its entry into force where inefficiencies in the licensing of the relevant SEPs severely distort the functioning of the internal market. This is particularly relevant for market failurinefficiencies hindering investment in the Single Market, the roll-out of innovative technologies or the development of nascent technologies and emerging use cases. Therefore, taking into account those criteria, the Commission should determine by a delegated act the standards or parts thereof that have been published before the entry into force of this Regulation and the relevant use cases, for which SEPs can be registered.
Amendment 152 #
2023/0133(COD)
Proposal for a regulation
Recital 15
Recital 15
(15) Knowledge of the potential total royalty for all SEPs covering a standard (aggregate royalty) applicable to the implementations of that standard is important for the assessment of the royalty amount for a product, which plays a significant role for the manufacturer’s cost determinations. It also helps SEP holders to plan expected return on investment and SEP implementers to estimate the cost of standard integration in their products. The publication of the expected aggregate royalty and the standard licensing terms and conditions for a particular standard would facilitate SEP licensing and reduce the cost of SEP licensing. Thus, it is necessary to make public the information on total royalty rates (aggregate royalty) and the standard FRAND terms and conditions of licensing.
Amendment 154 #
2023/0133(COD)
Proposal for a regulation
Recital 16
Recital 16
(16) SEP holders should have the opportunity to first inform the competence centre of the publication of the standard or the aggregate royalty which they have agreed upon among themselves. Except for those use cases of standards for which the Commission establishes that there are well established and broadly well-functioning licensing practices of SEPs, the competence centre may assist the parties in the relevant aggregate royalty determination. In this context, if there is no agreement on an aggregate royalty among SEP holders, certain SEP holders may request the competence centre to appoint a conciliator to assist the SEP holders willing to participate in the process in determining an aggregate royalty for the SEPs covering the relevant standard. In this case, the role of the conciliator would be to facilitate the decision-making by the participating SEP holders without making any recommendation for an aggregate royalty. Finally, it is important to ensure that there is a third independent party, an expert, that could recommend an aggregate royalty. Therefore, SEP holders and/or, implementers and other stakeholders in the value chain should be able to request the competence centre for an expert opinion on an aggregate royalty. When such a request is made, the competence centre should appoint a panel of conciliators and administer a process in which all interested stakeholders are invited to participate. After receiving information from all of the participants, the panel should provide a non-binding expert opinion for an aggregate royalty. The expert opinion on the aggregate royalty should contain a non- confidential analysis of the expected impact of the aggregate royalty on the SEP holders and the stakeholders in the value chain. Important in this respect would be to consider factors such as, efficiency of SEP licensing, including insights from any customary rules or practices for licensing of intellectual property in the value chain and cross-licensing, and impact on incentives to innovate of SEP holders and different stakeholders in the value chain.
Amendment 161 #
2023/0133(COD)
Proposal for a regulation
Recital 20
Recital 20
(20) SEP holders may register their patents which are essential to a standard after the indicated time limit. However, in that case, SEP holders should not be able to collect royalties and claim damages for the period of delay.
Amendment 162 #
2023/0133(COD)
Proposal for a regulation
Recital 20 a (new)
Recital 20 a (new)
(20a) SEP holders are obliged to licence under FRAND terms and conditions and shall therefore not discriminate by refusing a licence to a licensee willing to accept the conditions of a FRAND licence, independent from the position of the potential licensee in the respective value chain.
Amendment 165 #
2023/0133(COD)
Proposal for a regulation
Recital 23
Recital 23
(23) A SEP holder may also request the modification of a SEP registration. An interested stakeholder may also request the modification of a SEP registration, if it can demonstrate that the registration is inaccurate based on a definitive decision by a public authority. A SEP can only be removed from the register at the request of the SEP holder, if the patent is expired, was invalidated or found non-essential by a final decision or ruling of a competent court of a Member State or found non- essential under this Regulation. A record of any modifications to the SEP register should be made available publicly to maintain transparency.
Amendment 170 #
2023/0133(COD)
Proposal for a regulation
Recital 24
Recital 24
(24) To further ensure the quality of the register and avoid over-registration, essentiality checks should also be conducted randomly by independent and impartial evaluators selected according to objective criteria to be determined by the Commission. Only one SEP from the same patent family should be checked for essentiality.
Amendment 179 #
2023/0133(COD)
Proposal for a regulation
Recital 27
Recital 27
(27) Any assessment of essentiality of SEPs conducted by an independent entity prior to the entry into force of the Regulation, for example through patent pools, as well as essentiality determinations by judicial authorities should be indicated in the register. Those SEPs should not be re-checked for essentiality after the relevant evidence supporting the information in the register is provided to the competence centre, unless relevant stakeholders provide sufficient evidence to the evaluator about potential inaccuracies of this essentiality check.
Amendment 193 #
2023/0133(COD)
Proposal for a regulation
Recital 31
Recital 31
(31) The purpose of the FRAND commitment is to facilitate adoption and use of the standard by making SEPs available to implementers on fair and, reasonable and non-discriminatory terms and to provide the SEP holder a fair and reasonable return for its innovation. Thus, the ultimate goal of enforcement actions by SEP holders or actions brought by implementers based on a SEP holder’s refusal to license should be to conclude a FRAND licence agreement. The main objective of the Regulation in this regard is to facilitate the negotiations and out of court dispute resolution that can benefit both parties. Ensuring access to swift, fair and cost-efficient ways of resolving disputes on FRAND terms and conditions should benefit SEP holders and implementers alike. As such, a properly functioning out-of-court dispute resolution mechanism to determine FRAND terms (FRAND determination) may offer significant benefits for all parties. A party may request a FRAND determination in order to demonstrate that its offer is FRAND or to provide a security, when they engage in good faith.
Amendment 194 #
2023/0133(COD)
Proposal for a regulation
Recital 32
Recital 32
(32) The FRAND determination should simplify and speed up negotiations concerning FRAND terms and reduce costs. The EUIPO should administer the procedure. The competence centre should create a roster of conciliators that satisfy established competence and independence criteria, as well as a repository of non- confidential reports (the confidential version of the reports will be accessible only by the parties and the conciliators). The conciliators should be neutral and impartial persons with extensive experience in dispute resolution and substantial understanding of the economics of licensing on FRAND terms and conditions.
Amendment 197 #
2023/0133(COD)
Proposal for a regulation
Recital 33
Recital 33
(33) TheIn case one or more parties initiate a FRAND determination process, it would be a mandatory step before a SEP holder would be able to initiatpursue patent infringement proceedings or an implementer could request a determination or assessment of FRAND terms and conditions concerning a SEP before a competent court of a Member State. However, the obligation to initiate FRAND determination before the relevant court proceedings can proceed should not be required for SEPs covering those use cases of standards for which the Commission establishes that there are no significant difficulties or inefficiencies in licensing on FRAND terms.
Amendment 200 #
2023/0133(COD)
Proposal for a regulation
Recital 34
Recital 34
(34) Each party may choose whether it wishes to engage in the procedure and commit to comply with its outcome. Where a party does not reply to the FRAND determination request or does not commit to comply with the outcome of the FRAND determination, the other party should be able to request either the termination or the unilateral continuation of the FRAND determination. Such a party should not be exposed to litigation during the time of the FRAND determination. At the same time, the FRAND determination should be an effective procedure for the parties to reach agreement before litigation or to obtain a determination to be used in further proceedings. Therefore, the party or parties that commit to complying with the outcome of the FRAND determination and duly engage in the procedure should be able to benefit from its completion.
Amendment 204 #
2023/0133(COD)
Proposal for a regulation
Recital 35
Recital 35
(35) The obligation to initiate FRAND determination should not be detrimental to the effective protection of the parties’ rights. In that respect, the party that commits to comply with the outcome of the FRAND determination while the other party fails to do so should be entitled to initiate proceedings before the competent national court pending the FRAND determination. In addition, either party should be able to request a provisional injunction of a financial nature before the competent court. In a situation where a FRAND commitment has been given by the relevant SEP holder, provisional injunctions of an adequate and proportionate financial nature should provide the necessary judicial protection to the SEP holder who has agreed to license its SEP on FRAND terms, while the implementer should be able to contest the level of FRAND royalties or raise a defence of lack of essentiality or of invalidity of the SEP. In those national systems that require the initiation of the proceedings on the merits of the case as a condition to request the interim measures of a financial nature, it should be possible to initiate such proceedings, but the parties should request that the case be suspended during the FRAND determination. When determining what level of the provisional injunction of financial nature is to be deemed adequate in a given case, account should be taken, inter alia, of the economic capacity of the applicant and the potential effects for the effectiveness of the measures applied for, in particular for SMEs, also in order to prevent the abusive use of such measures. It should also be clarified that once the FRAND determination is terminated, the whole range of measures, including provisional, precautionary and corrective measures, should be available to parties.
Amendment 205 #
2023/0133(COD)
Proposal for a regulation
Recital 36
Recital 36
(36) When the parties enter into the FRAND determination, they should select a panel of three conciliators for the FRAND determination from the roster, with each party selecting one conciliator, which select a third conciliator in agreement. In case of disagreement, the competence centre would select the third conciliator. The FRAND determination should be concluded within 9 months, unless both parties agree to an extension. This time would be necessary for a procedure that ensures that the rights of the parties are respected and at the same time is sufficiently swift to avoid delays in concluding licences. Parties may settle at any time during the process, which results in the termination of the FRAND determination.
Amendment 208 #
2023/0133(COD)
Proposal for a regulation
Recital 37
Recital 37
(37) Upon appointment, the conciliation centre should refer the FRAND determination to the panel of conciliators, who should examine whether the request contains the necessary information, and communicate the schedule of procedure to the parties or the party requesting the continuations of the FRAND determination.
Amendment 209 #
2023/0133(COD)
Proposal for a regulation
Recital 38
Recital 38
(38) The panel of conciliators should examine the parties’ submissions and suggestions for the determination of FRAND terms and conditions, and consider the relevant negotiation steps, among other relevant circumstances. The panel of conciliators, upon its own initiative or the request of a party, should be able to require the parties to submit evidence it deems necessary for the fulfilment of its task. It should also be able to examine publicly available information and the competence centre’s register and reports of other FRAND determinations, as well as non-confidential documents and information produced by or submitted to the competence centre.
Amendment 212 #
2023/0133(COD)
Proposal for a regulation
Recital 39
Recital 39
(39) If a party fails to engage in the FRAND determination after the panel of conciliators has been appointed, the other party may request the termination or may request that the panel of conciliators issues a recommendation for a FRAND determination on the basis of the information it was able to assess.
Amendment 215 #
2023/0133(COD)
Proposal for a regulation
Recital 40
Recital 40
(40) If a party initiates a procedure in a jurisdiction outside the Union resulting in legally binding and enforceable decisions regarding the same standard that is subject to FRAND determination and its implementation, or including SEPs from the same patent family as SEPs subject to FRAND determination and involving one or more of the parties to the FRAND determination as a party; before or during of the FRAND determination by a party, the panel of conciliators, or where he/sheit has not been appointed has not been established, the competence centre, should be able to terminate the procedure upon the request of the other party.
Amendment 217 #
2023/0133(COD)
Proposal for a regulation
Recital 41
Recital 41
(41) At the conclusion of the procedure, the panel of conciliators should make a proposal recommending FRAND terms and conditions. Either party should have the option to accept or reject the proposal. If the parties do not settle and/or do not accept its proposal, the panel of conciliators should draft a report of the FRAND determination. The report would have a confidential and a non-confidential version. The non- confidential version of the report should contain the proposal for FRAND terms and conditions and the methodology used and should be provided to the competence centre for publication in order to inform any subsequent FRAND determination between the parties and other stakeholders involved in similar negotiations. The report would thus have a dual purpose to encourage the parties to settle and to provide transparency as to the process and the recommended FRAND terms in cases of disagreement.
Amendment 238 #
2023/0133(COD)
Proposal for a regulation
Article 1 – paragraph 2 – introductory part
Article 1 – paragraph 2 – introductory part
2. This Regulation shall apply to patents that are essential to a standard that has been published by a standard development organisation, to which the current SEP holder or former SEP holder has made a commitment to license its SEPs on fair, reasonable and non-discriminatory (FRAND) terms and conditions and that is not subject to a royalty-free intellectual property policy,.
Amendment 242 #
2023/0133(COD)
Proposal for a regulation
Article 1 – paragraph 2 – point a
Article 1 – paragraph 2 – point a
Amendment 247 #
2023/0133(COD)
Proposal for a regulation
Article 1 – paragraph 2 – point b
Article 1 – paragraph 2 – point b
Amendment 254 #
2023/0133(COD)
Proposal for a regulation
Article 1 – paragraph 4
Article 1 – paragraph 4
4. Where there is sufficient evidence that, as regards identified use cases of certain standards or parts thereof, SEP licensing negotiations on FRAND terms do not give and have never given rise to significant difficulties or inefficiencies affecting the functioning of the internal market, the Commission shall, after an appropriate consultation process, by means of a delegated act pursuant to Article 67, establish a list of such use cases, standards or parts thereof, for the purposes of paragraph 3. The Commission shall review and where necessary update the list at least once a year.
Amendment 267 #
2023/0133(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 11
Article 2 – paragraph 1 – point 11
(11) ‘patent pool’ means an entity created by an agreement or consortium between two or more SEP holders to license one or more of their patentSEPs to one another or to third parties;
Amendment 269 #
2023/0133(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 16
Article 2 – paragraph 1 – point 16
(16) ‘patent family’ means a collection of patent documents that cover the same invention and whose members have the same prioritiall have at least one priority in common, including the priority document(s) themselves;
Amendment 270 #
2023/0133(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 18 a (new)
Article 2 – paragraph 1 – point 18 a (new)
(18a) ‘patent assertion entity’ means an entity that derives its revenue from the enforcement or licensing of patents, including any damages or monetary awards from the assertion of such patents, and that does not engage in the production, manufacture, sale, or distribution of goods or services utilising the patented inventions or in the research and development of such inventions, that is not an educational or research institution, or a technology transfer organisation facilitating the commercialisation of technological innovations generated by them, and that is not an individual inventor asserting patents originally granted to that inventor or patents that cover technologies originally developed by that inventor.
Amendment 276 #
2023/0133(COD)
Proposal for a regulation
Article 2 a (new)
Article 2 a (new)
Article2a Non-discriminatory licensing Holders of patents essential to a standard within the scope of this Regulation pursuant to Article 1(2) shall not refuse a licence to any party willing to accept a licence based FRAND terms and conditions.
Amendment 285 #
2023/0133(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point f
Article 3 – paragraph 2 – point f
(f) administer a process for facilitating agreements on aggregate royalty determination;
Amendment 307 #
2023/0133(COD)
Proposal for a regulation
Article 5 – paragraph 2 – point b a (new)
Article 5 – paragraph 2 – point b a (new)
(ba) any commitment by an SEP holder to offer SMEs favourable conditions or royalty-free access to its SEPs in line with Article 62;
Amendment 316 #
2023/0133(COD)
Proposal for a regulation
Article 5 – paragraph 2 – point k
Article 5 – paragraph 2 – point k
(k) the date and the grounds for removal of the SEP from the database pursuant to Article 25, and a record of all relevant information on the removed SEP;
Amendment 322 #
2023/0133(COD)
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
1. When a party requests that data and documents of the database be kept confidential, that party shall provide a reasoned statement justifying this confidentiality and a non- confidential version of the information submitted in confidence in sufficient detail to permit a reasonable understanding of the substance of the information submitted in confidence. The competence centre may disclose that non-confidential version.
Amendment 324 #
2023/0133(COD)
Proposal for a regulation
Article 7 – paragraph 1 – introductory part
Article 7 – paragraph 1 – introductory part
A SEP holderny holder of a patent which is essential to a standard for which FRAND commitments have been made in one or more Member States shall provide to the competence centre the following information:
Amendment 331 #
2023/0133(COD)
Proposal for a regulation
Article 8 – paragraph 1 – introductory part
Article 8 – paragraph 1 – introductory part
A SEP holderny holder of a patent which is essential to a standard for which FRAND commitments have been made in one or more Member States shall provide to the competence centre the following information to be included in the database and referenced in the register:
Amendment 333 #
2023/0133(COD)
Proposal for a regulation
Article 8 – paragraph 1 – point a
Article 8 – paragraph 1 – point a
(a) a final decision on essentiality for a registered SEP made by a competent court of a Member State within 6 months from the publication of such decisiontwo weeks after the final judgement..
Amendment 336 #
2023/0133(COD)
Proposal for a regulation
Article 8 – paragraph 1 – point b
Article 8 – paragraph 1 – point b
(b) any other essentiality check prior to [OJ: please insert the date = 24 months from entry into force of this regulation] by an independent evaluator, including in the context of a patent pool, identifying the SEP registration number, the identity of the patent pool and its administrator, and the evaluator.
Amendment 346 #
2023/0133(COD)
Proposal for a regulation
Article 9 – paragraph 1 – point g
Article 9 – paragraph 1 – point g
(g) list of products, services and processes that may be licensed through the patent pool or the entity;
Amendment 347 #
2023/0133(COD)
Proposal for a regulation
Article 9 – paragraph 1 – point h
Article 9 – paragraph 1 – point h
(h) royalties and discount policy per product category, including information on royalty calculation per SEP owner in the pool and aggregate royalty rate, if applicable;
Amendment 349 #
2023/0133(COD)
Proposal for a regulation
Article 9 – paragraph 1 a (new)
Article 9 – paragraph 1 a (new)
(1a) The competence centre shall verify and report on the accuracy of the information published by patent pools in accordance with paragraph 1 on a regular basis and at least once a year, based on a publicly available methodology ensuring thorough, transparent and consistent verification.
Amendment 350 #
2023/0133(COD)
Proposal for a regulation
Article 10 – paragraph 1 – introductory part
Article 10 – paragraph 1 – introductory part
1. Competent courts of Member States shall notify the competence centre within 6 months from the adoption of atwo weeks after the final judgement concerning SEPs on:
Amendment 381 #
2023/0133(COD)
Proposal for a regulation
Article 17 – paragraph 4 a (new)
Article 17 – paragraph 4 a (new)
4a. The competence centre shall publish a call for expression of interest to invite other holders of SEPs for the standard, current implementers and implementers intending to place products with the standard on the market to participate in the process.
Amendment 383 #
2023/0133(COD)
Proposal for a regulation
Article 17 – paragraph 5
Article 17 – paragraph 5
5. The competence centre shall appoint a conciliator from the roster of conciliators and inform all SEP holders and implementers that expressed interest to participate in the process.
Amendment 385 #
2023/0133(COD)
Proposal for a regulation
Article 17 – paragraph 6
Article 17 – paragraph 6
6. SEP holders and implementers that submit to the conciliator confidential information shall provide a non- confidential version of the information submitted in confidence in sufficient detail to permit a reasonable understanding of the substance of the information submitted in confidence.
Amendment 386 #
2023/0133(COD)
Proposal for a regulation
Article 17 – paragraph 7
Article 17 – paragraph 7
7. Where the SEP holders referred to in paragraph (3) fail to make a joint notification within 6 months from the appointment of the conciliator, the conciliator shall terminate the process.
Amendment 393 #
2023/0133(COD)
Proposal for a regulation
Article 18 – paragraph 2 – point b a (new)
Article 18 – paragraph 2 – point b a (new)
(ba) the standard has been included in the Delegated Act pursuant to Article 1(4).
Amendment 394 #
2023/0133(COD)
Proposal for a regulation
Article 18 – paragraph 4
Article 18 – paragraph 4
4. The competence centre shall notify the relevant standard development organisation and all knownrelevant stakeholders of the request. It shall publish the request on EUIPO's website and invite stakeholders to express interest in participating in the process within 30 days from the day when the request was published.
Amendment 396 #
2023/0133(COD)
Proposal for a regulation
Article 18 – paragraph 5
Article 18 – paragraph 5
5. Any stakeholder may request to participate in the process after explaining the basis of its interest. SEP holders shall provide their estimated percentage of those SEPs of all SEPs for a standard. Implementers and other stakeholders shall provide information on any relevant implementations of the standard, including any relevant market share in the Union.
Amendment 398 #
2023/0133(COD)
Proposal for a regulation
Article 18 – paragraph 6
Article 18 – paragraph 6
6. If the requests for participation include 5 SEP holders representing collectively at least an estimated 20% of all SEPs for the standard, and implementers holding collectively at least 10% relevant market share in the Unionor implementers, or at least 103 SMEs, , the competence centre shall appoint a panel of three conciliators selected from the roster of conciliators with the appropriate background from the relevant field of technology.
Amendment 402 #
2023/0133(COD)
Proposal for a regulation
Article 18 – paragraph 8 – introductory part
Article 18 – paragraph 8 – introductory part
8. Following the appointment, the panel shall request the participating SEP interested parties, including SEP holders, implementers and other stakeholders to, within one month:
Amendment 404 #
2023/0133(COD)
Proposal for a regulation
Article 18 – paragraph 8 – introductory part
Article 18 – paragraph 8 – introductory part
8. Following the appointment, the panel shall request the participating SEP holderparties to, within one month:
Amendment 405 #
2023/0133(COD)
Proposal for a regulation
Article 18 – paragraph 8 – point b a (new)
Article 18 – paragraph 8 – point b a (new)
(ba) provide any evidence or observations to assist the panel in determining an opinion on aggregate royalty.
Amendment 407 #
2023/0133(COD)
Proposal for a regulation
Article 18 – paragraph 8 a (new)
Article 18 – paragraph 8 a (new)
8a. The panel shall permit participants to submit responses to the submissions provided for in paragraph 8.
Amendment 408 #
2023/0133(COD)
Proposal for a regulation
Article 18 – paragraph 9 – point a
Article 18 – paragraph 9 – point a
(a) to suspend the procedure for the expert opinion on aggregate royalty for an initial period of no longer than 6 months, which can be further extended on the basis of a duly justified request by one of the participating SEP holders, or
Amendment 413 #
2023/0133(COD)
Proposal for a regulation
Article 18 – paragraph 10
Article 18 – paragraph 10
10. The panel shall provide the expert opinion within 8 months of the end of the suspension period pursuant to paragraph 89(a) or of the decision referred to in paragraph 89(b). The opinion shall be supported by at least two of the three conciliators.
Amendment 414 #
2023/0133(COD)
Proposal for a regulation
Article 18 – paragraph 11
Article 18 – paragraph 11
11. 1The expert opinion shall include a summary of the information provided in the request, the information referred to in Article 15(2), the names of the conciliators, the procedure, the recommended aggregate royalty rate, the reasons for the opinion on the aggregate royalty and the underlying methodology. The reasons for any divergent views shall be specified in an annex to the expert opinion.
Amendment 432 #
2023/0133(COD)
Proposal for a regulation
Article 22 – paragraph 4 a (new)
Article 22 – paragraph 4 a (new)
4a. If an SEP has been suspended from the register pursuant to paragraph (4), the date of registration shall be the date when the incompleteness or inaccuracy has been remedied.
Amendment 446 #
2023/0133(COD)
Proposal for a regulation
Article 24 – paragraph 1
Article 24 – paragraph 1
Amendment 450 #
2023/0133(COD)
Proposal for a regulation
Article 24 – paragraph 3
Article 24 – paragraph 3
3. Paragraphs (1) and (2) areis without prejudice to provisions included in contracts setting a royalty for a broad portfolio of patentSEPs, present or future, stipulating that the invalidity, non- essentiality or unenforceability of a limited number thereof shall not affect the overall amount and enforceability of the royalty or other terms and conditions of the contract.
Amendment 452 #
2023/0133(COD)
Proposal for a regulation
Article 24 – paragraph 4
Article 24 – paragraph 4
4. Paragraphs (1) and (2) applypplies also in case the registration of a SEP is suspended, during the suspension period pursuant to Article 22(4) or 23(5), except where the Boards of Appeal request the competence centre to correct its findings in accordance with Article 22(5) and 23(6).
Amendment 454 #
2023/0133(COD)
Proposal for a regulation
Article 24 – paragraph 5
Article 24 – paragraph 5
5. A competent court of a Member State requested to decide on any issue in related toion to the implementation of a SEP in force in one or more Member States, shall verify whether the SEP is registered as part of the decision on admissibility of the action pursuant to paragraph 1.
Amendment 459 #
2023/0133(COD)
Proposal for a regulation
Article 25 – paragraph 3 a (new)
Article 25 – paragraph 3 a (new)
3a. The competence centre shall maintain and make publicly available a record of all SEPs removed from the register and the database.
Amendment 485 #
2023/0133(COD)
Proposal for a regulation
Article 26 – paragraph 5 – point a
Article 26 – paragraph 5 – point a
(a) the requirements for evaluators or conciliators, including a Code of Conduct, necessary qualifications, experience, and criteria for impartiality;
Amendment 493 #
2023/0133(COD)
Proposal for a regulation
Article 27 – paragraph 2
Article 27 – paragraph 2
2. The competence centre shall establish a roster of suitablequalified, impartial candidates for evaluators or conciliators. There may be with sufficient experience. The competence centre may decide to establish different rosters of evaluators and conciliators depending on the technical area of their specialisation or expertise.
Amendment 497 #
2023/0133(COD)
Proposal for a regulation
Article 27 – paragraph 3
Article 27 – paragraph 3
3. Where the competence centre has not yet established roster of candidates evaluators or conciliators at the moment of the first registrations or FRAND determination, the competence centre shall invite ad hoc renowned experts who satisfy the requirements set out in the implementing act referred to in Article 26(5).
Amendment 499 #
2023/0133(COD)
Proposal for a regulation
Article 27 – paragraph 4 a (new)
Article 27 – paragraph 4 a (new)
4a. The competence centre shall publish the list of rosters of evaluators and conciliators.
Amendment 504 #
2023/0133(COD)
Proposal for a regulation
Article 28 – paragraph 1
Article 28 – paragraph 1
1. The competence centre shall administer a system of essentiality checks, ensuring that they are conducted in an transparent, objective and impartial manner and that confidentiality of the information obtained is safeguarded.
Amendment 510 #
2023/0133(COD)
Proposal for a regulation
Article 29 – paragraph 1
Article 29 – paragraph 1
1. The competence centre shall select annually a sample of registered SEPs from different patent families from each SEP holder and with regard to each specific standard in the register for essentiality checks. Registered SEPs of micro and small enterprises shall be excluded from the annual sampling process, unless they are a patent assertion entity or directly or indirectly controlled by a legal person that does not satisfy the definition of a micro or small enterprise. The checks shall be conducted based on a methodology that ensures the establishment of a fair and statistically valid selection that can produce sufficiently accurate results about the essentiality rate in all registered SEPs of a SEP holder with regard to each specific standard in the register. By [OJ: please insert the date = 18 months from entry into force of this regulation] the Commission shall, by means of an implementing act, determine the detailed methodology. That implementing act shall be adopted in accordance with the examination procedure referred to in Article 68(2).
Amendment 518 #
2023/0133(COD)
Proposal for a regulation
Article 30 – paragraph 1
Article 30 – paragraph 1
1. Within 90 days following the publication of the list of registered SEPs selected for sampling, any stakeholder may submit to the competence centre written observations and evidence concerning the essentiality of the selected SEPs.
Amendment 519 #
2023/0133(COD)
Proposal for a regulation
Article 30 – paragraph 3
Article 30 – paragraph 3
3. The competence centre shall provide the observations, evidence and the responses by the SEP holder to the evaluator following the expiry of the set time limits.
Amendment 521 #
2023/0133(COD)
Proposal for a regulation
Article 31 – paragraph 2
Article 31 – paragraph 2
2. The evaluator may invite the SEP holder, implementers and other stakeholders concerned to file observations and evidence, within a period to be fixed by the evaluator.
Amendment 522 #
2023/0133(COD)
Proposal for a regulation
Article 31 – paragraph 3
Article 31 – paragraph 3
3. Where an evaluator has reasons to believe that the SEP may not be essential to the standard, the competence centre shall inform the SEP holder, implementers and other stakeholders which have provided observations or evidence of any such reasons and specify a period within which the SEP holder may submit its observations, or submit an amended claim chart.
Amendment 523 #
2023/0133(COD)
Proposal for a regulation
Article 31 – paragraph 4
Article 31 – paragraph 4
4. The evaluator shall duly consider any information provided by the SEP holder, implementers and other stakeholders.
Amendment 524 #
2023/0133(COD)
Proposal for a regulation
Article 31 – paragraph 6
Article 31 – paragraph 6
6. The competence centre shall notify the reasoned opinion to the SEP holder, and implementers and other stakeholders which have provided observations or evidence.
Amendment 526 #
2023/0133(COD)
Proposal for a regulation
Article 32 – paragraph 1
Article 32 – paragraph 1
1. Where the competence centre has informed the SEP holder, implementers and other stakeholders which have provided observations or evidence pursuant to Article 31(3), the SEP holder may request peer evaluation before the expiry of the period to submit its observations pursuant to Article 31(3).
Amendment 527 #
2023/0133(COD)
Proposal for a regulation
Article 32 – paragraph 3
Article 32 – paragraph 3
3. The peer evaluator shall duly consider all the information submitted by the SEP holder, implementers and other stakeholders which have provided observations or evidence, the reasons of the initial evaluator why the SEP may not be essential to the standard and any amended claim chart or additional observations provided by the SEP holder, implementers and other stakeholders.
Amendment 528 #
2023/0133(COD)
Proposal for a regulation
Article 32 – paragraph 4
Article 32 – paragraph 4
4. In case the peer evaluation confirmed the preliminary conclusions of the evaluator that the evaluated SEP may not be essential to the standard for which it was registered, the peer evaluator shall inform the competence centre and provide the reasons for this opinion. The competence centre shall inform the SEP holder and invite the SEP holder, implementers and other stakeholders which have provided observations or evidence and invite them to submit itstheir observations.
Amendment 529 #
2023/0133(COD)
Proposal for a regulation
Article 32 – paragraph 5
Article 32 – paragraph 5
5. The peer evaluator shall duly consider the observations of the SEP holder, implementers and other stakeholders which have provided observations or evidence and issue a final reasoned opinion to the competence centre within 3 months from its appointment. The final reasoned opinion shall include the name of the SEP holder, of involved implementers and other stakeholders, of the evaluator and of the peer evaluator, the SEP subject to the essentiality check, the relevant standard, a summary of the examination and peer evaluation procedure, the preliminary conclusion of the evaluator, the result of the peer evaluation and the reasons on which that result is based.
Amendment 530 #
2023/0133(COD)
Proposal for a regulation
Article 32 – paragraph 6
Article 32 – paragraph 6
6. The competence centre shall notify the final reasoned opinion to the SEP holder, implementers and other stakeholders which have provided observations or evidence.
Amendment 533 #
2023/0133(COD)
Proposal for a regulation
Article 34 – paragraph 1 – point a
Article 34 – paragraph 1 – point a
(a) SEP holder, prior to any initiation ofpursuing a SEP infringement claim before a competent court of a Member State;
Amendment 534 #
2023/0133(COD)
Proposal for a regulation
Article 34 – paragraph 1 – point b
Article 34 – paragraph 1 – point b
(b) an implementer of a SEP prior to pursuing any request for the determination or assessment of FRAND terms and conditions of a SEP licence before a competent court of a Member State.
Amendment 541 #
2023/0133(COD)
Proposal for a regulation
Article 34 – paragraph 4
Article 34 – paragraph 4
4. The obligation to initiate FRAND determination pursuant to paragraph 1 prior to thepursuing court proceedings is without prejudice to the possibility for either party to request, pending the FRAND determination, the competent court of a Member State to issue a provisional injunction of a financial nature against the alleged infringer. The provisional injunction shall exclude the seizure of property of the alleged infringer and the seizure or delivery up of the products suspected of infringing a SEP. Where national law provides that the provisional injunction of a financial nature can only be requested where a case is pending on the merits, either party may bring a case on the merits before the competent court of a Member State for that purpose. However, the parties shall request the competent court of a Member State to suspend the proceedings on the merits for the duration of the FRAND determination. In deciding whether to grant the provisional injunction, the competent court of a Member States shall consider that a procedure for FRAND determination is ongoing.
Amendment 542 #
2023/0133(COD)
Proposal for a regulation
Article 34 – paragraph 4 a (new)
Article 34 – paragraph 4 a (new)
4a. A competent court of a Member State, asked to decide on determination of FRAND terms and conditions, including in abuse of dominance cases among private parties, or SEP infringement claims concerning a SEP in force in one or more Member States subject to FRAND determination shall not proceed with the examination of the merits of that claim, unless it has been served with a notice of termination of the FRAND determination.
Amendment 545 #
2023/0133(COD)
Proposal for a regulation
Article 34 – paragraph 5
Article 34 – paragraph 5
5. Once the FRAND determination is terminated, the whole range of measures, including provisional, precautionary and corrective measures, shall be available to all parties.
Amendment 547 #
2023/0133(COD)
Proposal for a regulation
Article 37 – paragraph 1
Article 37 – paragraph 1
1. Unless otherwise agreed by the parties, the period from the date of the submission of the request to continue the FRAND determination in accordance with Article 38(5)(b) or Article 38(3)(c) or Article 38(4)(a), second sentence, or Article 38(4)(c), as applicable, until the date of the termination of the procedure shall not exceed 9 months, unless both parties agree to an extension of the FRAND determination procedure.
Amendment 550 #
2023/0133(COD)
Proposal for a regulation
Article 38 – paragraph 1
Article 38 – paragraph 1
1. The competence centre shall notify the request to the responding party within 7 days, including the information submitted pursuant to Article 36, and shall inform the requesting party thereof.
Amendment 551 #
2023/0133(COD)
Proposal for a regulation
Article 38 – paragraph 2
Article 38 – paragraph 2
2. The responding party shall notify the competence centre within 15 days from the receipt of the notification of the request for FRAND determination from the competence centre in accordance with paragraph (1). The response shall indicate whether the responding party agrees to the FRAND determination, and whether, itn commits to comply with its outcomease of disagreement, include the reasons for declining participation.
Amendment 557 #
2023/0133(COD)
Proposal for a regulation
Article 38 – paragraph 3 – introductory part
Article 38 – paragraph 3 – introductory part
3. Where the responding party does not reply within the time limit laid down in paragraph (2) or informs the competence centre of its decision not to participate in the FRAND determination, or not to commit to comply with the outcome, the following shall apply:
Amendment 561 #
2023/0133(COD)
Proposal for a regulation
Article 38 – paragraph 3 – point a
Article 38 – paragraph 3 – point a
(a) the competence centre shall notify the requesting party thereof and invite it to indicate within seven days whether it requests the continuation of the FRAND determination and whether it commits to comply with the outcome of the FRAND determination;
Amendment 567 #
2023/0133(COD)
Proposal for a regulation
Article 38 – paragraph 3 – point b
Article 38 – paragraph 3 – point b
(b) where the requesting party requests the continuation of the FRAND determination and commits to its outcome, the FRAND determination shall continue, but Article 34(1) shall not apply to the court proceedings for the requesting party in relation to the same subject matter.
Amendment 572 #
2023/0133(COD)
Proposal for a regulation
Article 38 – paragraph 4 – introductory part
Article 38 – paragraph 4 – introductory part
4. Where the responding party agrees to the FRAND determination and commits to comply with its outcome pursuant to paragraph (2), including where such commitment is contingent upon the commitment of the requesting party to comply with the outcome of the FRAND determinationpursuant to paragraph (2), the following shall apply:
Amendment 578 #
2023/0133(COD)
Proposal for a regulation
Article 38 – paragraph 4 – point a
Article 38 – paragraph 4 – point a
(a) the competence centre shall notify the requesting party thereof and request to inform the competence centre within seven days whether it also commits to comply with the outcome of the FRAND determination. In case of acceptance of the commitment by the requesting party, the FRAND determination shall continue and the outcome shall be binding for both parties;
Amendment 582 #
2023/0133(COD)
Proposal for a regulation
Article 38 – paragraph 4 – point b
Article 38 – paragraph 4 – point b
(b) where the requesting party does not reply within the time limit referred to in subparagraph (a) or informs the competence centre of its decision not to commit to comply with outcome of the FRAND determination, the competence centre shall notify the responding party and invite it to indicate within seven days whether it requests the continuation of the FRAND determination.
Amendment 587 #
2023/0133(COD)
Proposal for a regulation
Article 38 – paragraph 4 a (new)
Article 38 – paragraph 4 a (new)
4a. Both parties may declare a commitment to comply with the outcome of the FRAND determination at any time during the process. The commitment may be unilateral or contingent upon the other party’s agreement. The commitment shall have no impact on the outcome or continuation of the FRAND determination process.
Amendment 591 #
2023/0133(COD)
Proposal for a regulation
Article 38 – paragraph 5
Article 38 – paragraph 5
5. Where either party commits to comply with the outcome of the FRAND determination, while the other party fails to do so within the applicable time limits, the competence centre shall adopt a notice of commitment to the FRAND determination and notify the parties within 5 days from the expiry of the time-limit to provide the commitment. The notice of commitment shall include the names of the parties, the subject-matter of the FRAND determination, a summary of the procedure and information on the commitment provided or on the failure to provide commitment for each party.
Amendment 595 #
Amendment 599 #
2023/0133(COD)
Proposal for a regulation
Article 39 – paragraph 1
Article 39 – paragraph 1
1. Following the reply tocontinuation of the FRAND determination by the responding party in accordance with Article 38(2), or, the request to continue in accordance with Article 38(5), the competence centre shall propose at least 3 candidates for the FRAND determinationing and responding parties shall each nominate one conciliator from the roster of conciliators referred to in Article 27(2). The parties or party shall select to the panel of conciliators. Both conciliators shall jointly agree one of the proposed candidates as ane further conciliator for the FRAND determination from the roster of conciliators referred to in Article 27(2).
Amendment 602 #
2023/0133(COD)
Proposal for a regulation
Article 39 – paragraph 2
Article 39 – paragraph 2
2. If the parties do not agree on a third conciliator, the competence centre shall select one candidate from the roster of conciliators referred to in Article 27(2).
Amendment 606 #
2023/0133(COD)
Proposal for a regulation
Article 40 – paragraph 2
Article 40 – paragraph 2
2. The day following the notification of the acceptance to the parties, the panel of conciliators is appointed, and the competence centre shall refer the case to him/herit.
Amendment 608 #
2023/0133(COD)
Proposal for a regulation
Article 42 – paragraph 1
Article 42 – paragraph 1
1. After the case is referred to the panel of conciliators in accordance with Article 40(2), he/sheit shall examine whether the request contains the information required under Article 36 in accordance with the Rules of procedure.
Amendment 610 #
2023/0133(COD)
Proposal for a regulation
Article 42 – paragraph 2
Article 42 – paragraph 2
2. He/sheThe panel shall communicate to the parties or the party requesting the continuation of the FRAND determination the conduct as well as the schedule of procedure.
Amendment 615 #
2023/0133(COD)
Proposal for a regulation
Article 44 – paragraph 1
Article 44 – paragraph 1
1. A party may submit an objection stating that thepanel of conciliators is unable to make a FRAND determination on legal grounds, such as a previous binding FRAND determination or agreement between the parties, no later than in the first written submission. The other party shall be given opportunity to submit its observations.
Amendment 617 #
2023/0133(COD)
Proposal for a regulation
Article 44 – paragraph 2
Article 44 – paragraph 2
2. The panel of conciliators shall decide on the objection and either reject it as unfounded before considering the merits of the case or join it to the examination of the merits of the FRAND determination. If the panel of conciliators overrules the objection or joins it to the examination of the merits of the determination of FRAND terms and conditions, it shall resume consideration of the determination of FRAND terms and conditions.
Amendment 620 #
2023/0133(COD)
Proposal for a regulation
Article 44 – paragraph 3
Article 44 – paragraph 3
3. If the panel of conciliators decides that the objection is founded, it shall terminate the FRAND determination and shall draw up a report stating the reasons of the decision.
Amendment 622 #
2023/0133(COD)
Proposal for a regulation
Article 45 – paragraph 1
Article 45 – paragraph 1
1. The panel of conciliators shall assist the parties in an independent and impartial manner in their endeavour to reach a determination of FRAND terms and conditions.
Amendment 626 #
2023/0133(COD)
Proposal for a regulation
Article 45 – paragraph 2
Article 45 – paragraph 2
2. The panel of conciliators may invite the parties or the party requesting the continuation of the FRAND determination to meet with him/herit or may communicate with him/herit orally or in writing.
Amendment 629 #
2023/0133(COD)
Proposal for a regulation
Article 45 – paragraph 3
Article 45 – paragraph 3
3. The parties or the party requesting the continuation of the FRAND determination shall cooperate in good faith with the panel of conciliators and, in particular, shall attend the meetings, comply with his/herits requests to submit all relevant documents, information and explanations as well as use the means at their disposal to enable the panel of conciliators to hear witnesses and experts whom the conciliator might call.
Amendment 635 #
2023/0133(COD)
Proposal for a regulation
Article 45 – paragraph 5
Article 45 – paragraph 5
5. At any stage of the procedure upon request by both parties, or the party requesting the continuation of the FRAND determination, as applicable, the panel of conciliators shall terminate the FRAND determination.
Amendment 636 #
2023/0133(COD)
Proposal for a regulation
Article 46 – paragraph 1 – point a
Article 46 – paragraph 1 – point a
(a) fails to comply with any request of the panel of conciliators, Rrules of procedure or schedule of procedure referred to in Article 42(2), or
Amendment 640 #
2023/0133(COD)
Proposal for a regulation
Article 46 – paragraph 1 – point b
Article 46 – paragraph 1 – point b
Amendment 641 #
2023/0133(COD)
Proposal for a regulation
Article 46 – paragraph 1 – concluding part
Article 46 – paragraph 1 – concluding part
the panel of conciliators shall inform both parties thereof.
Amendment 644 #
2023/0133(COD)
Proposal for a regulation
Article 46 – paragraph 2 – introductory part
Article 46 – paragraph 2 – introductory part
2. Having received the notification of the panel of conciliators, the complying party may ask the panel of conciliators to take one of the following actions:
Amendment 648 #
2023/0133(COD)
Proposal for a regulation
Article 46 – paragraph 3
Article 46 – paragraph 3
3. If the party requesting the continuation of the FRAND determination fails to comply with any request of the panel of conciliators or in any other way fails to comply with a requirement relating to the FRAND determination, the panel of conciliators shall terminate the procedure.
Amendment 652 #
2023/0133(COD)
Proposal for a regulation
Article 47 – paragraph 2
Article 47 – paragraph 2
2. Where a parallel proceeding has been initiated before or during the FRAND determination by a party, the panel of conciliators, or where he/sheit has not been appointed, the competence centre, shall terminate the FRAND determination upon the request of any other party with the consent of the other party.
Amendment 654 #
2023/0133(COD)
Proposal for a regulation
Article 48 – paragraph 1
Article 48 – paragraph 1
1. Without prejudice to the protection of confidentiality in accordance with Article 54(3) at any time during the FRAND determination, at the request of a party or on its own motion, the panel of conciliators may request the production of documents or other evidence.
Amendment 656 #
2023/0133(COD)
Proposal for a regulation
Article 48 – paragraph 2
Article 48 – paragraph 2
2. The panel of conciliators may examine publicly available information and the competence centre’s register and confidential and non-confidential reports of other FRAND determinations, aggregate royalty rates submitted pursuant to Article 15, non-binding expert opinions on aggregate royalty rates established pursuant to Article 18 as well as other non-confidential documents and information produced by or submitted to the competence centre.
Amendment 659 #
2023/0133(COD)
Proposal for a regulation
Article 49
Article 49
The panel of conciliators may hear witnesses and experts requested by either party provided that the evidence is necessary for the FRAND determination and that there is time to consider such evidence.
Amendment 660 #
2023/0133(COD)
Proposal for a regulation
Article 50 – paragraph 1
Article 50 – paragraph 1
1. At any time during the FRAND determination, the panel of conciliators or a party on its own motion or by invitation of the panel of conciliators may submit proposals for a determination of FRAND terms and conditions.
Amendment 667 #
2023/0133(COD)
Proposal for a regulation
Article 51 – title
Article 51 – title
Recommendation of a determination of FRAND terms and conditions by the panel of conciliators
Amendment 670 #
2023/0133(COD)
Proposal for a regulation
Article 51 – paragraph 1
Article 51 – paragraph 1
The panel of conciliators shall notify the parties a written recommendation of a determination of FRAND terms and conditions at the latest 5 months before the time limit referred to in Article 37.
Amendment 671 #
2023/0133(COD)
Proposal for a regulation
Article 52 – paragraph 1
Article 52 – paragraph 1
Following the notification of the written recommendation of FRAND terms and conditions by the panel of conciliators, either party shall submit a detailed and reasoned proposal for a determination of FRAND terms and conditions. If a party has already submitted a proposal for the determination of FRAND terms and conditions, revised versions shall be submitted, if necessary, taking into account the recommendation of the panel of conciliators.
Amendment 674 #
2023/0133(COD)
Proposal for a regulation
Article 53 – paragraph 1
Article 53 – paragraph 1
If the panel of conciliators considers it necessary or if a party so requests, an oral hearing shall be held within 20 days after the submission of reasoned proposals for determination of FRAND terms and conditions.
Amendment 675 #
2023/0133(COD)
Proposal for a regulation
Article 54 – paragraph 1
Article 54 – paragraph 1
1. When the panel of conciliators receives information for the purposes of FRAND determination from a party, it shall disclose it to the other party so that the other party has the opportunity to present any explanation.
Amendment 679 #
2023/0133(COD)
Proposal for a regulation
Article 54 – paragraph 2
Article 54 – paragraph 2
2. A party may request the panel of conciliators that specific information in a submitted document is kept confidential.
Amendment 681 #
2023/0133(COD)
Proposal for a regulation
Article 54 – paragraph 3
Article 54 – paragraph 3
3. When a party requests the information in a document it had submitted to be kept confidential, the panel of conciliators shall not disclose that information to the other party. The party invoking confidentiality shall also provide a non- confidential version of the information submitted in confidence in sufficient detail to permit a reasonable understanding of the substance of the information submitted in confidence. This non-confidential version shall be disclosed to the other party.
Amendment 683 #
2023/0133(COD)
Proposal for a regulation
Article 55 – title
Article 55 – title
Reasoned proposal for a determination of FRAND terms and conditions by the panel of conciliators
Amendment 686 #
2023/0133(COD)
Proposal for a regulation
Article 55 – paragraph 1
Article 55 – paragraph 1
1. At the latest 45 days before the end of the time limit referred to in Article 37, the panel of conciliators shall submit a reasoned proposal for a determination of FRAND terms and conditions to the parties or, as applicable, the party requesting the continuation of the FRAND determination.
Amendment 691 #
2023/0133(COD)
Proposal for a regulation
Article 55 – paragraph 2
Article 55 – paragraph 2
2. Either party may submit observations to the proposal and suggest amendments to the proposal by the panel of conciliators, who may reformulate its proposal to take into account the observations submitted by the parties and shall inform the parties or the party requesting the continuation of the FRAND determination, as applicable, of such reformulation.
Amendment 697 #
2023/0133(COD)
Proposal for a regulation
Article 56 – paragraph 1 – point b
Article 56 – paragraph 1 – point b
(b) a written declaration is signed by the parties accepting the reasoned proposal for a determination of FRAND terms and conditions by the panel of conciliators referred to in Article 55;
Amendment 701 #
2023/0133(COD)
Proposal for a regulation
Article 56 – paragraph 1 – point c
Article 56 – paragraph 1 – point c
(c) a written declaration is made by a party not to accept the reasoned proposal of a determination of FRAND terms and conditions by the panel of conciliators referred to in Article 55;
Amendment 703 #
2023/0133(COD)
Proposal for a regulation
Article 56 – paragraph 1 – point d
Article 56 – paragraph 1 – point d
(d) a party has not submitted a reply to the reasoned proposal of a determination of FRAND terms and conditions by the panel of conciliators referred to in Article 55.
Amendment 709 #
2023/0133(COD)
Proposal for a regulation
Article 56 – paragraph 4
Article 56 – paragraph 4
4. A competent court of a Member State, asked to decide on determination of FRAND terms and conditions, including in abuse of dominance cases among private parties, or SEP infringement claim concerning a SEP in force in one or more Member States subject to the FRAND determination shall not proceed with the examination of the merits of that claim, unless it has been served with a notice of termination of the FRAND determination, or, in the cases foreseen in Article 38(3)(b) and Article 38(4)(c), with a notice of commitment pursuant to Article 38(5).
Amendment 714 #
2023/0133(COD)
Proposal for a regulation
Article 57 – paragraph 1
Article 57 – paragraph 1
1. The panel of conciliators shall provide the parties with a written report following the termination of the FRAND determination in cases listed in Article 56(1), point (c) and Article 56(1), point (d).
Amendment 724 #
2023/0133(COD)
Proposal for a regulation
Article 58 – paragraph 1
Article 58 – paragraph 1
1. Except the methodology and the assessment of the FRAND determination by the panel of conciliators referred to in Article 57(2), point (d), the competence centre shall keep confidential the determination of FRAND terms and conditions, any proposals for determination of FRAND terms and conditions submitted during the procedure and any documentary or other evidence disclosed during the FRAND determination which is not publicly available, unless otherwise provided by the parties.
Amendment 731 #
2023/0133(COD)
Proposal for a regulation
Article 61 – paragraph 3 a (new)
Article 61 – paragraph 3 a (new)
3a. This Article shall not apply to patent assertion entities irrespective of their status as a micro, small or medium- sized enterprise.
Amendment 735 #
2023/0133(COD)
Proposal for a regulation
Article 62 – paragraph 1
Article 62 – paragraph 1
1. When negotiating a SEP licence with micro, small and medium-sized enterprises, SEP holders shall consider offering tooffer them FRAND terms and conditions that are more favourable than the FRAND terms and conditions they offer to enterprises that are not micro, small and medium-sized for the same standard and implementationstake account of the economic capacity of the micro, small and medium-sized enterprises in line with their obligation to ensure that the terms and conditions are fair, reasonable and non-discriminatory.
Amendment 737 #
2023/0133(COD)
Proposal for a regulation
Article 62 – paragraph 2
Article 62 – paragraph 2
2. IfWhen a SEP holder offerconcludes a SEP licence that includes more favourable FRAND terms and conditions to micro, small and medium-sized enterprises, or concludes a SEP licence that includes more favourable terms and conditions,han those offered to companies that are not a micro, small or medium-sized enterprise pursuant to paragraph (1), such FRAND terms and conditions shall not be considered in a FRAND determination, unless the FRAND determination is conducted solely with regard to FRAND terms and conditions for another micro, small or medium-sized enterprise.
Amendment 739 #
2023/0133(COD)
Proposal for a regulation
Article 62 – paragraph 3 a (new)
Article 62 – paragraph 3 a (new)
3a. Where a SEP holder can demonstrate that the FRAND terms and conditions offered to one or more micro, small or medium-sized enterprises are more favourable than FRAND terms and conditions offered to companies that are not a micro, small or medium-sized enterprise, they shall not be subject to the obligations of Title IV of this Regulation in relation to the SEP license offered to these micro, small or medium-sized enterprises.
Amendment 755 #
2023/0133(COD)
Proposal for a regulation
Article 66
Article 66
Amendment 1 #
2022/2198(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Believes that virtual worlds or ‘metaverses’ arconstitute a major step forward in the digital transition, and thatevolution in the development of the internet that has the potential to impact all areas of citizens' lives, namely in education, culture, arts and design, music, entertainment and social activities and interactions. Although there is no standardised definition, they can be defined as a simulation of real-time, immersive 3D or 2D spaces in which users can interact;
Amendment 10 #
2022/2198(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Calls for the EUuropean Union (EU) to adopt a comprehensive strategy for virtual worlds, building on the strengths of its industry to overcome the hardware and software challenges, while harnessing the, sustainable and human centred strategy for virtual worlds, ensuring safety and respect of fundamental rights, while favouring innovation and progressbuilding ofn the video gamestrengths of its industry;
Amendment 12 #
2022/2198(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Notes that the EU should harness the innovation and progress of videogames, as well as the cultural, economic and educational benefits that emerge from them;
Amendment 13 #
2022/2198(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Calls for the EU, in view of the strategic autonomy considerations raised by virtual worldsStates that European digital sovereignty is essential to ensure the safeguard of human rights, democracy, the rule of law, sustainability, equality, inclusion, accessibility, safety and security in the virtual worlds. Notes that increasing the funding for SMEs and start-up developing projects that operate according with EU values will contribute to avoid dependences on third countries and to strengthen a European leadership. Calls for the Commission, to ensure substantial investment in this field; notes that the Horizon Europe and Creative Europe programmes both fund augmented and virtual reality projects; points out, however, that the budgets of these programmes are inadequateacknowledges the need to increase the budgets of the Horizon Europe and Creative Europe programmes, that are lacking enough resources to foster a realprominent EU strategy for immersive technologies and to address the challenges of inclusivity and accessibility to virtual worlds;
Amendment 26 #
2022/2198(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Emphasises the importance of developing metaverses for the EU’s cultural and creative ecosystems, as new spaces for creativity and expression; insists on ensuring the accessibility of metaverses in order to make them truly democratic spac, which can be used to promote European cultural and linguistic diversity; insists on the importance of making virtual worlds truly democratic spaces, fostering digital literacy and access to quality and affordable internet as a basic right for all citizens, ensuring connectivity and accessibility to all citizens, namely those living in rural areas, and to facilitate inclusion of vulnerable groups, notably people with disabilities;
Amendment 28 #
2022/2198(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Emphasises the pressing need to foster education, training and upskilling of workers in the field of virtual worlds, in order to create and keep talent within the European Union, avoiding a brain drain towards other markets and facilitating the harmonisation of training and mutual recognition of qualifications across Member States;
Amendment 31 #
2022/2198(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. States that virtual worlds can significantly impact education and research by transforming how we acquire knowledge; stresses that metaverses can allow for better visualisation of educational content, awareness raising and increased possibilities for collaboration between learners and enhanced distance and lifelong learning; highlights the potential of virtual worlds to empower individuals and bridge the digital divide through education, promoting digital literacy among all society groups and reducing inequalities in terms of gender, socioeconomic differences and for people with disabilities;
Amendment 42 #
2022/2198(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Stresses that an EU strategy for virtual worlds must go hand in hand with an appropriate framework to ensure the protection and promotion of intellectual property, in particular authors' rights and copyright, and stresses the need to protect artist and their creations in the virtual worlds; notes that most intellectual property systems in the metaverse are based on blockchain technology, and believes that non-fungible tokens can represent a new source of revenue for the EU’s cultural ecosystem.
Amendment 47 #
2022/2198(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Emphasises the need to ensure a safe and healthy environment in virtual worlds, where cybersecurity, privacy, transparency and the rights and needs of the users are properly preserved and protected, preventing any form of harassment, bullying, discrimination and surveillance of citizens and workers;
Amendment 51 #
2022/2198(INI)
Draft opinion
Paragraph 6 b (new)
Paragraph 6 b (new)
6b. Stresses the importance of protecting children and minors in the virtual worlds, drawing on the existing European legislation and strategies such as the DSA and the new European strategy for a better internet for kids (BIK+), to ensure online safety and a positive use of the metaverses;
Amendment 55 #
2022/2198(INI)
Draft opinion
Paragraph 6 c (new)
Paragraph 6 c (new)
6c. Calls on the European Commission for a close and continuous monitoring on the development of virtual worlds, to identify issues and challenges that may arise and that are not addressed by the current legal framework or that may need further harmonisation among Member States;
Amendment 58 #
2022/2198(INI)
Draft opinion
Paragraph 6 d (new)
Paragraph 6 d (new)
6d. Notes that future developments of the virtual worlds should be guided by a set of ethical and human centric principles, in line and up to date with existing and future EU legislation such as the General Data Protection Regulation, the Digital Services Act and the Digital Market Act, the Copyright Directive, etc.;
Amendment 61 #
2022/2198(INI)
Draft opinion
Paragraph 6 e (new)
Paragraph 6 e (new)
6e. Underlines the value of the recommendations by the European citizens' panel on virtual worlds and recalls the currently ongoing European Parliament Pilot Project "A space for the metaverse", which will contribute to create an interdisciplinary European network of experts, thinkers and leaders, for an ethical and democratic development of the metaverses;
Amendment 1 #
2022/2188(INI)
Draft opinion
Recital A
Recital A
A. whereas the cultural and creative sectors are not mentionincorporated in the Trade and Cooperation Agreement (TCA);
Amendment 3 #
2022/2188(INI)
Draft opinion
Recital E
Recital E
E. whereas Erasmus+ is not just a mobility programme, but a powerful tool for exchanging knowledge, fostering academic cooperation, creating strong and lasting linkbonds and promoting understanding between people and institutionfrom different cultural backgrounds, institutions and their members, as well as a wide range of stakeholders and their organisations and networks, contributing to the development of policies and practices;
Amendment 5 #
2022/2188(INI)
Draft opinion
Recital E a (new)
Recital E a (new)
Ea. whereas the UK’s global programme to study and work abroad ("Turing Scheme") does not offer such mutual exchanges comparable to Erasmus+;
Amendment 8 #
2022/2188(INI)
Draft opinion
Recital H
Recital H
H. whereas non-EU countries can join Erasmus+ as member or associated countries;
Amendment 10 #
2022/2188(INI)
Draft opinion
Recital I
Recital I
I. whereas, as a consequence of Brexit, EU citizens studying in the UK canare no longer benefit fromtitled to ‘home fees’, but have to pay higher international student fees, making it prohibitively expensive for the vast majority of them, penalising even more young students from socially disadvantaged backgrounds and ultimately narrowing down the exposure of UK learners and teachers to their fellow Europeans;
Amendment 11 #
2022/2188(INI)
Draft opinion
Recital S a (new)
Recital S a (new)
Sa. Whereas members of educational and cultural institutions and organisations from the EU and the UK continue their relationship despite a lack of funding, administrative obstacles and all other adversities caused by the UK's non-participation in Erasmus+;
Amendment 13 #
2022/2188(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Notes that numerous education, culture and youth stakeholders, both in the EU and the UK, are calling for the UK to be associated with Erasmus+, Creative Europe, European Solidarity Corps and Horizon Europe once more; calls for the issue to be addressed in different political contexts to raise awareness of opportunities at the level of the European institutions, EU Member States and UK authorities; further, calls for practical, intermediary or alternative solutions to be explored to mitigate the loss of opportunities for students, teachers, artists, cultural and creative workers, athletes and young people;
Amendment 20 #
2022/2188(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Underlines the enormous benefits of the Erasmus+ programme not only for students, but also for teacherhigher education students, vocational education and training (VET) students, adult learners, young people, administrative staffbut also for teachers, academics, administrative staff and generally for education institutions and society as a whole, which cannot be measured by the size of its financial envelope;
Amendment 22 #
2022/2188(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Regrets the narrowness of the ‘value for money’ approach adopted by the UK Government regarding Erasmus+, which disregards the numerous benefits in terms of exchange of knowledge and skills for students, teachers and administrative staff, the contribution to diversity on campuses and in schools, and its contribution to broadening its participants’ outlooks and opportunities; notes that this approach is also characteristic of the "Turing scheme", which ultimately impacts on the student and academic community;
Amendment 26 #
2022/2188(INI)
Draft opinion
Paragraph 9
Paragraph 9
9. Notes the creation of the Turing scheme by the UK Government; regrets, however, that this programme only covers outgoing student mobility, and does not cover the youth and sport sectors6 ; notes in this context that the "Turing Scheme" represents a significant deterioration compared to Erasmus+ and therefore cannot be seen as an equivalent replacement for Erasmus+; _________________ 6 UK Government, Turing scheme website.
Amendment 28 #
2022/2188(INI)
Draft opinion
Paragraph 11
Paragraph 11
11. Welcomes the new possibility to dedicate 20 % of the Heading 2 budget of the Erasmus+ 2021-2027 programme to outgoing international mobility outside the 33 countries participating fully in Erasmus+; notes, however, that this part cannot be dedicated entirely to one specific partner country, and does not replace the missed opportunities resulting from the UK’s withdrawal from the Erasmus+ programme;
Amendment 30 #
2022/2188(INI)
Draft opinion
Paragraph 13
Paragraph 13
13. Welcomes the work currently being undertaken by the Scottish Government to create a similar programme, covering both incoming and outgoing mobility; invites the Scottish Government to consider the sports sector in the planning of the programme;
Amendment 31 #
2022/2188(INI)
Draft opinion
Paragraph 16
Paragraph 16
Amendment 35 #
2022/2188(INI)
Draft opinion
Paragraph 17
Paragraph 17
17. Notes that 11 UK Universities are partners in alliances through the European Universities initiative; regrets that these cooperation projectsir participation will end when the first- generation alliances expire (at the end of 2024);
Amendment 45 #
2022/2188(INI)
Draft opinion
Paragraph 28
Paragraph 28
28. Is concerned by the excessive bureaucracy created by the UK’s withdrawal from the EU for UK artists wanting to tour in the EU and European artists wanting to tour in the UK, as illustrated by the administrative obstacles created by the application of the CITES Regulations for artists travelling with certain types of musical instruments containing protected species, especially when travelling by Eurostar train;
Amendment 48 #
2022/2188(INI)
Draft opinion
Paragraph 29
Paragraph 29
29. Notes that the plethora of migration rules, including different visa and work- permit systems in each of the EU Member States, as well as customs and VAT rules for merchandising, rules on cabotage and cross-border trade for specialist hauliers transporting merchandising and stage decor between the UK and the EU, are making it difficult and expensive for emerging and independent UK artists to tour in the EU or participate in European festivals; notes that EU artists are also affected by similar issues when touring in the UK;
Amendment 51 #
2022/2188(INI)
Draft opinion
Paragraph 30
Paragraph 30
30. Stresses that streamlining visa and work arrangements is in the interest of the cultural and creative sectors in both the EU and the UK and urges both parties to work towards an agreement; believes that these visa and work arrangements should be part of a future EU framework for artists and cultural professionals;
Amendment 52 #
2022/2188(INI)
Draft opinion
Paragraph 31 a (new)
Paragraph 31 a (new)
31a. Notes that numerous UK cultural organisations continued to be connected after Brexit through their partnership with European cultural networks, professional associations and trade federations; expresses concern, that in the medium term the sustainability of these relationships is at great risk and that the adverse effects of programme exit will increase;
Amendment 57 #
2022/2188(INI)
Draft opinion
Paragraph 31 b (new)
Paragraph 31 b (new)
31b. Regrets that the number of EU citizens working in the cultural and creative industries and sectors in the UK has dropped since Brexit;1a _________________ 1a https://www.ons.gov.uk/peoplepopulationa ndcommunity/populationandmigration/int ernationalmigration/articles/changesinpa yrolledemploymentsheldbynonuknationals duringthecoronaviruscovid19pandemican deuexitperiods/2022-03-01
Amendment 58 #
2022/2188(INI)
Draft opinion
Paragraph 31 c (new)
Paragraph 31 c (new)
Amendment 11 #
2022/2084(DEC)
Draft opinion
Paragraph 11
Paragraph 11
11. Welcomes the fact that the proportion of women in managerial posts (40% in 2021) has continued to remain at a high level; notes as well that despite a slight decrease in 2021, the occupancy rate of women in management posts has shown a clear upward trend since 2018 (41% in 2020, 39% in 2019 and 37.5% in 2018). ; notes, however, the still existing imbalanced situation in terms of women’s representation among the judges of both the Court of Justice and the General Court; exhorts, once again, the Members of the Council to address this situation by actively promoting gender parity in the appointment of judges, in line with the principles enshrined in Article 8 of the Treaty on the Functioning of the European Union and Article 23 of the Charter of Fundamental Rights of the European Union, and with the commitments taken under Regulations (EU, Euratom) 2015/24221a and (EU, Euratom) 2019/6291b of the European Parliament and of the Council. _________________ 1a Regulation (EU, Euratom) 2015/2422 of the European Parliament and of the Council of 16 December 2015 amending Protocol No 3 on the Statute of the Court of Justice of the European Union (OJ L 341,24.12.2015,p. 14). 1b Regulation (EU, Euratom) 2019/629 of the European Parliament and of the Council of 17 April 2019 amending Protocol No 3 on the Statute of the Court of Justice of the European Union (OJ L 111, 25.4.2019, p. 1).
Amendment 1 #
2022/2051(INL)
Draft opinion
Paragraph 1
Paragraph 1
1. Welcomes the original idea behindExpresses its satisfaction that the Conference on the Future of Europe was regardsa very successful participatory exercise and therefore, it further enlarged the citizens’ information and participation in democracy at Union level, aiming at making the Union more understandable and accessible; Considers that the Conference has led to innovative and successful participation by European citizens and has provided an additional opportunity for the European institutions, leading to a comprehensive dialogue between citizens, national parliaments, regional and local authorities, social partners and civil society organisations on the future of the Union;
Amendment 4 #
2022/2051(INL)
Draft opinion
Paragraph 1
Paragraph 1
1. Supports the proposals made by the plenary of the Conference on the Future of Europe on 9 May 2022, particularly the following: 6, 9, 13, 15, 17, 22, 25, 26, 27, 28, 29, 31, 32, 33, 37, 46, 47, 48 and 49, as they call to foster culture, education, youth and solidarity, audiovisual, media and sport policies, highlighting their fundamental role in strengthening the European sense of belonging, especially for the youth;
Amendment 7 #
2022/2051(INL)
Draft opinion
Paragraph 2
Paragraph 2
2. NWelcomes the conclusions of the Conference and notes that many of the proposals endorsed by the Conference on the Future of Europe do not require Treaty change but instead camendments to the Treaties and that, especially forllowing the most rengthening of existing policies and instruments; takes the view tcent crises, the Treaties need to be amended urgently to make sure the Union hats the division of competences provided for in the Treaties, and in particular Articles 4 and 5 TEU, should remain unchangedcompetence to take more effective action during future crises;
Amendment 8 #
2022/2051(INL)
Draft opinion
Paragraph 2
Paragraph 2
2. Requests amending Articles 4 and 6 TFEU to introduce shared competences in the field of education, with its corresponding change in Article 165 TFEU, at a minimum in the field of citizenship education, highlighting that the exercise of that competence by the Union shall not result in Member States being prevented from exercising their competence, in order to fulfil recommendation 46 expressed by citizens in the Conference on the Future of Europe, in particular youth, and the European Parliament resolution of 6 April 2022 on the implementation of citizenship education actions;
Amendment 13 #
2022/2051(INL)
Draft opinion
Paragraph 3
Paragraph 3
3. Points out, in this regard, that common minimum standards in education should be adopted, without prejudice to national and regional competences, focusing on the following topics: civictizenship education including Union values and history of Europe, digital skills, media and information literacy, language learning, environmental education, soft- skills, economic literacy and STEAM education; highlights that working towards achieving these common goals should reduce educational inequities across Europe;
Amendment 23 #
2022/2051(INL)
Draft opinion
Paragraph 3
Paragraph 3
3. Considers that the right to petition is a citizen’s right which plays a fundamental role as a direct participatory democracy tool; recalls that petitions can be used as means of creating opportunities for public debate and of initiating policy and legislative changes; calls on the Member States and the Commission to do their utmost to ensure that petitions are adequately followed up;
Amendment 24 #
2022/2051(INL)
Draft opinion
Paragraph 4
Paragraph 4
4. NotStresses that many of the proposals endorsed by the Conference aim at strengthening European identity and citizenship and, do not necessarily require Treaty changes but a deepening of the existing instruments and objectives in the fields of culture, education, youth, audiovisual media and sport; highlights in this regard recommendation 48.5, requesting the need to advance towards the protection of cultural workers by adopting a legal statute of the Artist at European level;
Amendment 27 #
2022/2051(INL)
Draft opinion
Paragraph 4
Paragraph 4
4. Notes that the right to petition remains underused at Union level when compared with the situation at national level; recalls, also, that about a quarter of the petitions submitted to the European Parliament are declared inadmissible, mainly because the matter falls outside the Union’s fields of activity, which points out the lack of understneed to work on enhandcing, among Union citizens, the citizens’ awareness of the Union’s remit of competence;
Amendment 28 #
2022/2051(INL)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Stresses the need to ensure academic freedom, freedom of the arts and sciences, independence of the media and freedom of speech, and considers that these principles should be enshrined in any future Treaty revisions; asks to ensure the protection of journalists, as per recommendation 37.4;
Amendment 30 #
2022/2051(INL)
Draft opinion
Paragraph 5
Paragraph 5
5. Stresses, therefore, the need to increase citizens’ knowledge of their right to petition as well as their understanding of the scope of the Union’s responsibilities; calls on the Commission and the Member States to adopt measures to make public information and awareness more efficient at Union and national levels in order to improve access to the right to petition and with the aim to reduce the number of inadmissible petitions.
Amendment 32 #
2022/2051(INL)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. Supports, as stated in proposal n.36 of the conclusions of the Conference on the Future of Europe, the goal of increasing citizens’ participation and youth involvement in the democracy at the Union level to develop a ‘full civic experience’ for Europeans, to ensure that their voice is heard also in between elections, and that the participation is effective;
Amendment 36 #
2022/2051(INL)
Draft opinion
Paragraph 5 b (new)
Paragraph 5 b (new)
5 b. Supports summarizing elements of citizens’ participation in a Union Charter for the involvement of citizens in EU- affairs;
Amendment 45 #
2022/2047(INI)
Motion for a resolution
Recital D a (new)
Recital D a (new)
Amendment 86 #
2022/2047(INI)
Motion for a resolution
Paragraph -1 (new)
Paragraph -1 (new)
Amendment 100 #
2022/2047(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Is deeply concerned that the Creative Europe programme is underfinanced, despite its budget increase in the current MFF, with the necessary frontloading of the budget to the years 2021 and 2022 causing dramatic funding shortages in the following years, potentially bringing further harm to the cultural and creative sectors that have only slowly started recovering, and thus having a long-lasting negative impact on our European cultural ecosystem and its role in international cultural relations;
Amendment 137 #
2022/2047(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Highlights the social and societal importance of the international mobility of cultural creators such as authors, performers and artists; calls upon the Commission and the Member States to strengthen their role in the EU’s international relations; reiterates in this context its repeated calls urging the Commission to establish a European Status of the Artist, ensuring fair contractual situations and working conditions for everyone working in the cultural and creative sectors, and increasing opportunities for international mobility;
Amendment 210 #
2022/2047(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
Amendment 1 #
2022/2046(INI)
Draft opinion
Paragraph -1 (new)
Paragraph -1 (new)
-1. Believes that the importance of culture for our identity, democracy, society and economy is not adequately reflected in the current multiannual financial framework 2021-2027, particularly in light of the long-lasting consequences of the COVID-19 pandemic which the cultural and creative sectors will continue to be suffering from for many years to come;
Amendment 13 #
2022/2046(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. Reiterates its deep regret and incomprehension that - despite repeated calls by the European Parliament1a with overwhelming majority - the Recovery and Resilience Facility investments fail to reflect the enormous economic and social significance of the cultural and creative sectors which account for 4.4% of the EU’s GDP and about 8.7 million jobs in the EU, leaving these sectors considerably underrepresented in the EU’s overall effort to overcome the pandemic and to support the recovery and resilience of the European economy; _________________ 1a e.g. in its resolution of 17 September 2020 on the cultural recovery of Europe and in its resolution of 20 October 2021 on the situation of artists and the cultural recovery in the EU
Amendment 15 #
2022/2046(INI)
Draft opinion
Paragraph 3 b (new)
Paragraph 3 b (new)
3 b. Is worried that the proposed massive budget cut of the Creative Europe programme - the proposed 2023 annual budget foresees a 20% reduction compared to the previous year2a - will bring further harm to the cultural and creative sectors that are only slowly starting to blossom again and will thus have a long-lasting negative impact on our European cultural ecosystem and its diversity; _________________ 2a 325.3 million EUR (2023 proposal) after 406.5 million EUR (2022 budget)
Amendment 25 #
2022/2046(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. Urges the Commission and the Member States to adapt the multiannual financial framework by increasing the overall Creative Europe budget 2021-2027 by at least 720 million EUR3a in order to allow for a stable continuation of the funding and thus avoid any annual budget reductions; _________________ 3a Plus inflationary adjustment
Amendment 125 #
2022/2038(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13 a. Recognizes the importance of the introduction of a minimum VoD quota and considers that ensuring its effective implementation is a priority; calls on the European Commission, Member States and audiovisual regulators to proceed to a detailed monitoring of its concrete implementation in all Member States as well as to assess its impact on the geographical, cultural, linguistic and artistic diversity of audiovisual works available to the European audience, including authored works; considers that equating a season of a series with one title should be assessed in due time in light of the objective of ensuring a balanced representation of cinematographic works and TV series;
Amendment 130 #
2022/2038(INI)
Motion for a resolution
Paragraph 13 b (new)
Paragraph 13 b (new)
13 b. Stresses the importance of prominence, promotion and discoverability of European works and that they should be the subject of more attention and proposals, on the continuity of the work done by ERGA on the matter; calls on the Commission to present guidelines on how Member States can ensure the prominence and the discoverability of European works, with a view to improving access to a greater cultural and linguistic diversity, and suggests that these guidelines may define the terms of prominence and discoverability; stresses the need for access to online consumption data in order to properly evaluate the impact of the prominence obligation in particular;
Amendment 132 #
2022/2038(INI)
Motion for a resolution
Paragraph 13 c (new)
Paragraph 13 c (new)
13 c. Insists on the importance of the article 13.2 on the possibility to introduce financial obligations (contributions to funds or direct investment obligations) on the basis of a targeted derogation to the country-of-origin principle, as Member States retain full competence over their cultural policies including for the audiovisual sector; highlights that financial obligations are instrumental in stimulating private investments and public support policies to the benefit of European works and to sustain local audiovisual ecosystems in a changing market context; encourages Member States implementing financial obligations to make sure that they benefit European independent producers and authors as well as different audiovisual genres and the linguistic expressions;
Amendment 140 #
2022/2038(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14 a. Calls on Member States to better protect the European model of author’s rights against practices, such as work-for- hire contracts and buy-out contracts, where the intellectual property rights of creators are waived in full or in part; stresses that, in order to be considered an European work pursuant to Article 13(7) of the Directive, the law governing the contract must be that of the European Union or of one of its Member States; suggests that this latter requirement also applies to the eligibility criteria to benefit from funding under the Creative Europe Media programme;
Amendment 158 #
2022/2038(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Urges the Commission to issue in good timewithout undue delay the guidelines required under Article 33a(3) on the scope of the Member States’ reports on the implementation of the measures for the development of media literacy skills, so thatas is it referred in Recital 59 of the AVMSD, in order to ensure a more effective and unified implementation and control of the AVMSD among all the State Members, so that the implementation of the directive and the timely submission of thesecontrol reports is not further delayed;
Amendment 3 #
2022/2027(INI)
Motion for a resolution
Citation 8 a (new)
Citation 8 a (new)
— having regard to its resolution of 20 October 2021 on the situation of artists and the cultural recovery in the EU (2020/2261(INI)),
Amendment 9 #
2022/2027(INI)
Motion for a resolution
Recital A
Recital A
A. whereas the European video game ecosystem has become a leading cultural and creative industry (CCI) all over the world, with an estimated European market size of EUR 23.3 billion in 2020counting over 4.900 game studios, 200 game publishers and 87.000 professionals employed11 , and has great potential for growth; whereas this industry is the only CCI to have experienced turnover growth during the COVID-19 crisis12 ; _________________ 11 ISFE,The European Game Developers Federation, EGDF (2019) “2019 Europe’san Video Games Industry, ISFE-EGDF Key Facts, 2021.nsight Report”. [Online] 12 EY, Rebuilding Europe: the cultural and creative economy before and after the COVID-19 crisis, January 2021.
Amendment 10 #
2022/2027(INI)
Motion for a resolution
Recital A a (new)
Recital A a (new)
A a. whereas the large European consumer market, estimated at EUR 23.3 billion in 20201a, is fragmented and mainly operated through non-European platforms that also intermediate in the distribution and exploitation of European games worldwide; _________________ 1a ISFE, Europe’s Video Games Industry, ISFE-EGDF Key Facts, 2021
Amendment 11 #
2022/2027(INI)
Motion for a resolution
Recital A b (new)
Recital A b (new)
A b. whereas the success of European video game streamers and e-sports clubs and tournaments shows that younger generations of European citizens are actively seeking to participate in the new creator economy driven by video games; whereas national, regional and global e- sports tournaments could be perceived as fostering cultural exchanges and promote European culture and values;
Amendment 13 #
2022/2027(INI)
Motion for a resolution
Recital B
Recital B
B. whereas the video game industry employed approximately 87 000 people in Europe in 201913 , of whom only an estimated 20 % are women14 ; _________________ 13 ISFE, Europe’s Video Gamonly 20% of the employees in the video game industry in Europe are women14; whereas the number of women working in any role or competing in e- sports is only around 5%; whereas getting more women into video games, including on senior management positions, and e- sports should be framed as a national, international and strategic priority; whereas there is a lack of available data on persons with disabilities Iandustry, ISFE-EGDF Key Facts, 2021. minorities employed by the video game sector; _________________ 14 Ibid.
Amendment 18 #
2022/2027(INI)
Motion for a resolution
Recital C
Recital C
C. whereas half of all Europeans consider themselves to be video game players, of whom almost half are women, and the average age of a video game player in Europe is 31.3 years15 ; _________________ 15 Ibid. whereas, although there is still a long way to go, continued efforts are being made by the video game sector to increase accessibility in their offer in accordance with the principles of equality and non- discrimination15a; _________________ 15 Ibid. 15a Aguado Delgado, J. et all (2020) “Accessibility in video games: a systematic review”. [Online]
Amendment 21 #
2022/2027(INI)
Motion for a resolution
Recital C a (new)
Recital C a (new)
C a. whereas many video game players are young people who are in the middle of their intellectual, mental, social and physical development;
Amendment 22 #
2022/2027(INI)
Motion for a resolution
Recital C b (new)
Recital C b (new)
C b. whereas the Covid-19 pandemic has already led to a deterioration in the physical fitness and mental health of young people;
Amendment 24 #
2022/2027(INI)
Motion for a resolution
Recital D
Recital D
D. whereas the video game industry has a complete value chain based on innovation and creativity, bringing together a wide range of skills and know-how; whereas a video game is first and foremost a work of intellectual property (IP) on which the value chain is based; whereas the issue of IP ownership and control increases the complexity of the legal structure of the ecosystem, and creates new legal challenges for streamers, developers, publishers and third-party content holders;
Amendment 34 #
2022/2027(INI)
Motion for a resolution
Recital F
Recital F
F. whereas competitive video gaming, otherwise known as e-sport, could be considered not only part of the video game sector, but also part of the culture, media and sports sectors, and has clear digitale-sports are competitions in which individuals or teams play video games, in person or online, generally in front of spectators; whereas the definition encompasses a human element, such as players, a digital element, such as video games, and a competitive elements;
Amendment 37 #
2022/2027(INI)
Motion for a resolution
Recital G a (new)
Recital G a (new)
G a. whereas the European games industry is currently struggling with a chronic talent shortage in unfilled positions;
Amendment 41 #
2022/2027(INI)
Motion for a resolution
Recital K a (new)
Recital K a (new)
K a. whereas there are indications that teachers that have used video games in the classroom in primary education observed in some cases a significant improvement in several key skills such as problem-solving and analytical, social and intellectual skills, as well as an increase in concentration;
Amendment 42 #
2022/2027(INI)
Motion for a resolution
Recital K a (new)
Recital K a (new)
K a. whereas video games have proven to be a powerful, cross-sectoral medium, at the confluence of arts and technologies, building on the experiences of various artistic techniques while intertwining them with innovative technologies;
Amendment 45 #
2022/2027(INI)
Motion for a resolution
Recital K a (new)
Recital K a (new)
K a. whereas playing video games and e-sports is also a social activity that allowed users to socialise and spend time together during the Covid-19 pandemic;
Amendment 48 #
2022/2027(INI)
Motion for a resolution
Recital K b (new)
Recital K b (new)
K b. whereas video games have the ability to bring the school environment closer to pupils’ everyday reality in which video games often figure prominently;
Amendment 50 #
2022/2027(INI)
Motion for a resolution
Recital L
Recital L
L. whereas e-sport is still a young sector at EU and national levelphenomenon with high capacity to evolve and transform other audiovisual formats at EU and national level and which is developed differently across Member States;
Amendment 51 #
2022/2027(INI)
Motion for a resolution
Recital L a (new)
Recital L a (new)
L a. whereas e-sports represents opportunities and challenges for the European society; whereas challenges includes the stigma against women, precautions against cheating, the discrepancy between the publisher's control and the use of its product as a contribution to society as well as environmental sustainability;
Amendment 54 #
2022/2027(INI)
Motion for a resolution
Recital M a (new)
Recital M a (new)
M a. whereas e-sports have a major strength compared to traditional sports since it can be practiced by people from completely different situations and backgrounds and the potential for e-sports to be inclusive is therefore substantial;
Amendment 62 #
2022/2027(INI)
Motion for a resolution
Recital N a (new)
Recital N a (new)
N a. whereas many players, in particular female players, have experienced harassment and hate from other players online;
Amendment 64 #
2022/2027(INI)
Motion for a resolution
Recital O
Recital O
O. whereas the video game and e-sport sector is above all founded on a highly internationalised market with few barriers to the circulation of goods and services but their distribution mainly operates through non-European platforms;
Amendment 65 #
2022/2027(INI)
Motion for a resolution
Recital O a (new)
Recital O a (new)
O a. whereas, as in many creative sectors, workers in the video game sector in the run-up to the release of a game are particularly subject to a very high work rate, known as "crunch", consisting of often unpaid overtime; whereas these working conditions can be detrimental to workers;
Amendment 66 #
2022/2027(INI)
Motion for a resolution
Recital O a (new)
Recital O a (new)
O a. whereas the problem of illicit betting is an issue that also affects the video game industry and regulations to tackle this issue are required to ensure the integrity, safety, and sustainable growth of the sector;
Amendment 75 #
2022/2027(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Calls on the Commission and the Council to formally acknowledge the value of the video game ecosystem as a major CCI with strong potential for growth; calls for the development of a coherent European long-term video game strategy, also taking into account e- sports, as a complement to already existing national strategies and in order to support EU actors and EU start-ups in these sectors;
Amendment 78 #
2022/2027(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Considers that the creation of a truly integrated European video game sector entails increasing the number of co- productions involving European actors; welcomes the fact that the Creative Europe Programme funds the European video game sector; regrets, however, the low amount of funding committed so farat those funds are not well coordinated with the needs of the sector, and the low amount of funding committed so far; calls in this regard on the Commission and the Member States to further invest in R&D and training in order to maximise the game creation opportunities across Member States and to retain European talents;
Amendment 81 #
2022/2027(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. Underlines that the growing video game sector offers an increasing number of new job opportunities for many cultural creators, such as game developers, designers, writers, music producers and other artists, which any Union action in this field and especially funding activities should take into consideration
Amendment 82 #
2022/2027(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. Calls on the Commission to support public and private initiatives that contribute to the development of a more competitive European video games landscape, by paying special attention to talent development, IP creation and business positioning;
Amendment 86 #
2022/2027(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. CallsUnderlines the importance to promote and support trade and marketing of video games created in Europe at the global level; calls in this context on the Commission to map and define the European video game industry, and to fostassess and, if appropriate, consider the creation of a ‘European Video Game’ label to improve the discoverability and encourage the dissemination of video games created in Europe;
Amendment 91 #
2022/2027(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. CallsStresses that it is essential to have harmonised, reliable and comparable European industry data on the video game and e-sports sectors in order to deliver evidence-based assessments and recommendations; calls for aligning relevant NACE codes in which video game developers, publishers and e-sports are reviewed, clarified and streamlined; calls furthermore on the Commission to create a European Video Game Observatory to support and provide decision-makers and stakeholders with harmonised data, assessments and concrete recommendations with a view to developing the sector; considers that the European Video Game Observatory should be seen as a knowledge network to support dialog for a more integrated sector;
Amendment 99 #
2022/2027(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. Calls on the Commission and the Member States to ensure fair contractual situations and working conditions for all cultural creators and other professionals working in the video game sectors, notably in the context of a European status of the artist, and to safeguard the protection of their intellectual property rights;
Amendment 100 #
2022/2027(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. Stresses that the cross-border enforcement of intellectual property rights of game developers and artists must be adequately protected and ensure fair remuneration;
Amendment 110 #
2022/2027(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8 a. (new) Underlines that e-sports and video games must fully comply with European and human rights values; stresses in this context that inclusion, tolerance and promoting a fair and safe environment to play, while also filling the digital and social gap within and between countries is essential; welcomes in this context already existing tools in promoting these values, such as guiding principles of e-sports engagement adopted by the industry and e-sports Code of Conducts that exists at national level to promote e-sports that are fun, fair, and enjoyed by players and organisers around the world in an open and inclusive environment;
Amendment 117 #
2022/2027(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Calls on the Commission to finance the establishment of a European Video Game Academy responsible for thelaunch initiatives promotion ofng video games showcasing European values;
Amendment 129 #
2022/2027(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Insists that video games can be a valuable teaching tool for actively involving learners in a curriculum; believes that the deployment of video games in school should be done in parallel with raising teachers’ awareness of how best tohighlights that teachers should be adequately trained and closely associated in decision making around the use of video games in theifor educational or teaching purposes;
Amendment 133 #
2022/2027(INI)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
Amendment 140 #
2022/2027(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Recalls the importance of European training courses dedicated to thefill the gap between the current European curricula and the required set of knowledge and skills for video game professions; stresses the importance of developingat leading educational programmes in Europe focusing on video games and of pursuing a proactivere mainly offered by private institutions and, in line with European values of democratisation of technology, calls for better curricula to be implemented in public institutions and universities; welcomes proactive education policyies to foster gender equality and inclusivity in the sector; recalls that the principle of digital literacy must necessarily embrace society at large so that citizens understand the risks and opportunities associated with video games and are able, for example, to make effective use of parental control tools;
Amendment 147 #
2022/2027(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12 a. Underlines the importance of lifelong learning and stresses that throughout their careers, teachers should receive regular training to acquire the necessary skills to help their students become digitally competent;
Amendment 149 #
2022/2027(INI)
Motion for a resolution
Paragraph 12 b (new)
Paragraph 12 b (new)
12 b. Underlines that beyond formal education, libraries can play on important role in bridging the digital gap between different socio-economic groups by ensuring that video games culture and its benefits are accessible for all socio- economic groups; calls on the Commission and the Member States to ensure sufficient funding for libraries in order to provide for an on-site access to fast internet connections and the latest game and gaming devices helping to bridge this gap;
Amendment 157 #
2022/2027(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Welcomes the work carried out by organisations such as Pan European Game Information (PEGI) since 2003 to inform video game players and parents about the content of video games and in protecting minors from potentially inappropriate content; recalls that the role of parents is key in ensuring that children play video games safely;
Amendment 158 #
2022/2027(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13 a. Underlines that e-sports and video games highlight the problems of ecological, social, and economic sustainability in a digital society and whereas the ecological challenges focuses on electricity consumption as well as the consumption of rare resources in the production of hardware and the travel of e-sports teams to competitions; welcomes in this context the initiatives taken by the videogame industry to protect the environment and to improve the energy efficiency of its devices and services; highlights the potential in raising environmental awareness through video games by incorporating new features in and out of the games, such as modes, maps, themed events, storylines and messaging that highlight environmental themes like conservation restoration and this should be further promoted;
Amendment 165 #
2022/2027(INI)
Motion for a resolution
Paragraph 13 b (new)
Paragraph 13 b (new)
13 b. Highlights that the gambling industry is and should remain separate from the video game sector; stresses that, in relation to the perceived risks of monetised asset tools, gambling-related regulations should be reviewed and if necessary adapted to address the latest developments in entertainment software without this regulation affecting the video games sector;
Amendment 175 #
2022/2027(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Considers that e-sport and traditional sports are different sectors, especially given the fact that video games used for competitive gaming or e-sports belong to a private entity and are played in a digital environment; believes, however, that they may complement and learn from each other and promote similar values and skills, such as fair play, teamwork, antiracism and gender equality;
Amendment 189 #
2022/2027(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16 a. Underlines that negative stigmatisation around e-sports and gaming are still widespread throughout society; stresses that if e-sports is to be promoted and utilised, such stigmatisations should be combatted through for instance education;
Amendment 193 #
2022/2027(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
Amendment 202 #
2022/2027(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Warns that intensive video gaming, in particular for players seeking to become professionals, can lead to addiction and toxic behaviour, which might have negative impacts on the pedagogical development, physical fitness and mental health of young users; believes that the EU should adopt a responsible approach to video games and e-sports by promoting them as part of a healthy lifestyle including physical activity and cultural engagement also offline; calls on the Commission in this regard to develop clear guidelines on the adequate use of videogames per age group with inputs from experts and the pedagogical community;
Amendment 203 #
2022/2027(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. WStresses that gamers and e-sports athletes can suffer from a lack of exercise and high stress levels due to a lack of work-life separation; warns that intensive video gaming, in particular for players seeking to become professionals, can lead to addiction and toxic behaviour; believes that the EU should adopt a responsible approach to video games and e-sports by promoting them as part of a healthy lifestyle including physical activity;
Amendment 210 #
2022/2027(INI)
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
19 a. Recalls that the mental and physical capacity of many young people is already at risk due to the consequences of the Covid-19 pandemic;
Amendment 213 #
2022/2027(INI)
Motion for a resolution
Paragraph 19 b (new)
Paragraph 19 b (new)
19 b. Highlights that videogaming can be a social event that can improve the social life of young people in future pandemics and other crises;
Amendment 14 #
2022/2004(INI)
Motion for a resolution
Recital A
Recital A
A. whereas the closure of schools, spaces forearly childhood education and care, schools, spaces for youth welfare and youth work as well as culture and extracurricular activities and sports facilities has denied children and young people the opportunity to participate in activities which are essential for their overall development, their intellectual, physical, emotional and mental well- being, and for their social and professional inclusion;
Amendment 20 #
2022/2004(INI)
Motion for a resolution
Recital A a (new)
Recital A a (new)
A a. Whereas the closure of schools has led to a reduction of existing knowledge, a loss of methodology to acquire new knowledge as well as an actual loss of learning; Whereas these losses are higher among students from less-educated households, while students from socioeconomically advantaged households received more parental support with their studies during the pandemic;
Amendment 22 #
2022/2004(INI)
Motion for a resolution
Recital A b (new)
Recital A b (new)
A b. Whereas learning losses caused by the pandemic are likely to have a long- term negative impact on the future well- being of children and young people;
Amendment 30 #
2022/2004(INI)
Motion for a resolution
Recital C a (new)
Recital C a (new)
C a. Whereas the forced shift to virtual learning has exacerbated already existing inequalities by leaving behind children from socially disadvantaged backgrounds due to cramped housing conditions, lack of digital infrastructure and little to no parental support;
Amendment 42 #
2022/2004(INI)
Motion for a resolution
Recital F a (new)
Recital F a (new)
F a. Whereas youth unemployment has increased during the COVID 19 pandemic and is often a trigger for mental health disorders;
Amendment 43 #
2022/2004(INI)
Motion for a resolution
Recital F b (new)
Recital F b (new)
F b. Whereas mental issues still carry strong stigma that discourages young people in particular from seeking help and professional treatment;
Amendment 72 #
2022/2004(INI)
Motion for a resolution
Recital L a (new)
Recital L a (new)
L a. Whereas children and young people are underrepresented in mental health science and research;
Amendment 88 #
2022/2004(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. Urges the Member States to invest at least10% of their GDP in education and training as a long-term investment to build more resilient and inclusive education and training systems and to adequately support the goal of achieving a European Education Area by 2025;
Amendment 91 #
2022/2004(INI)
Motion for a resolution
Paragraph 1 b (new)
Paragraph 1 b (new)
1 b. Calls on the European Commission and Council to exclude the field of education in the calculation of costs for the national public debt in the revision of the European Stability and Growth Pact;
Amendment 93 #
2022/2004(INI)
Motion for a resolution
Paragraph 1 c (new)
Paragraph 1 c (new)
Amendment 96 #
2022/2004(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Calls, in this regard, on the Member States to improve and further develop the framework for health and safety in learning environments in order to provide learners and, teachers, young people and professionals with the support of specialist psychologists and special educational needs support staff who can contribute to making the classrooms and social spaces a welcoming and attractive place in which to grow, learn, exchange views in a trusting environment, discuss and overcome differences constructively;
Amendment 98 #
2022/2004(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. Highlights the importance of low- threshold, semi-professional psychological support for learners; Calls, in this regard, on the Member States to promote additional special training for teachers to create safe spaces in learning environments where learners can seek psychological help in early stages of mental issues;
Amendment 101 #
2022/2004(INI)
Motion for a resolution
Paragraph 2 b (new)
Paragraph 2 b (new)
2 b. Urges the Member States to consider the impact of COVID-19 through a gender lens and to ensure the continuation of sexual education classes as well as sexual and reproductive health services through the national education systems in all circumstances, in line with international human rights standards; insists on countering any attempts to restrict SRHR in crises situations;
Amendment 103 #
2022/2004(INI)
Motion for a resolution
Paragraph 2 c (new)
Paragraph 2 c (new)
2 c. Calls on the Member States to extend the participation and co- determination rights of students and young people in schools, universities, vocational training, the workplace and social institutions;
Amendment 113 #
2022/2004(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. Highlights the important role that a healthy and balanced diet plays in the mental health of children and young people; Therefore insists on the important social support that schools provide, such as daily balanced meals, which some children do not otherwise receive at home; Calls on Member States to provide free and healthy lunches in all schools for all students;
Amendment 127 #
2022/2004(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Calls on Member States to promote vocational training programmes to help young people enter the workforce and combat youth unemployment;
Amendment 131 #
2022/2004(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Draws attention to the importance of mobility experiences and the exchange of good practices among teachers, educators, professors, trainers, youth workervolunteers and professionals in youth work and youth organisations, cultural creators and sports coaches in broadening their knowledge in youth outreach and strengthening the international and multilingual dimensions, particularly in view of the European Education Area to be achieved by 2025;
Amendment 133 #
2022/2004(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. Calls on the Member States to ensure that teachers and childcare professionals receive appropriate and up- to-date knowledge in the topic of mental health, which requires modernising training for childcare professionals and providing free and regular psychological support for teachers and childcare professionals;
Amendment 137 #
2022/2004(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Calls for a holistic understanding of health that includes overall physical, mental and social well-being, and requires comprehensive prevention and healing strategies, including cultural, play and sporting activities, and promoting the development of creative and social skills;
Amendment 142 #
2022/2004(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6 a. Underlines the need to integrate cultural and sporting activities into projects to support people suffering from or potentially at risk of mental health issues;
Amendment 145 #
2022/2004(INI)
Motion for a resolution
Paragraph 6 b (new)
Paragraph 6 b (new)
6 b. Emphasises the promotion of the design and provision of targeted, intergenerational services that combine the experience of older people with the courage of younger people in a mutually beneficial situation;
Amendment 147 #
2022/2004(INI)
Motion for a resolution
Paragraph 6 c (new)
Paragraph 6 c (new)
6 c. Recalls the additional negative impact of the closure of schools, sports, cultural and leisure facilities on young people with disabilities and underlines the need for specific support measures tailored to the needs of the individual;
Amendment 156 #
2022/2004(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Calls on the Commission and the Member States to support and adequately fund small local cultural initiatives, sports clubs and, leisure facilities, youth organisations and youth welfare institutions to carry out the leisure, non- formal and informal learning activities that play an essential role in the development and well-being of young people and their families, by providing material and psychological support resources, including for those with fewer economic opportunities;
Amendment 166 #
2022/2004(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9 a. Notes that the pandemic has uncovered the lack of support provided to young people experiencing issues connected to mental health; Underlines the need to sustainably and rapidly reconstruct and strengthen the structure of European youth work that has been weakened or even destroyed by the pandemic; Emphasises that youth work itself needs to be recognised for what it is: a place that makes an important contribution to young people's personal development, well-being and self- realisation; Therefore calls on Member States to implement concrete improvements in youth work to achieve support for those who need it most;
Amendment 168 #
2022/2004(INI)
Motion for a resolution
Paragraph 9 b (new)
Paragraph 9 b (new)
9 b. Calls on the Member State to assess the long term impact of closures, particularly prolonged remote learning, isolation and uncertainty on knowledge acquisition, neurological development and socio-emotional skills, and to develop targeted measures to support those most affected;
Amendment 172 #
2022/2004(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Calls on the Commission to take action to ensure that the EU as a whole becomes stronger and more self-reliant, leaving no one behind; points out that it must address the widefforts should focus on generalising digital literacy at all levels of society to address the wide geographical, gender, social, age and other structural gaps causthat are aggravated by the lack of digital infrastructure and digital tools, in particular in rural and peripheral areas;
Amendment 188 #
2022/2004(INI)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11 a. Calls on Member States to allocate additional funds for the rebuilding of the education sector beyond the regular expenditure of national budgets in order to immediately address the pressing challenges of children and young people; Calls on Member States to take immediate action to support those students who are falling behind and to ensure that they receive the necessary support to achieve the expected learning goals;
Amendment 192 #
2022/2004(INI)
Motion for a resolution
Paragraph 11 b (new)
Paragraph 11 b (new)
11 b. Recalls that it is essential to support schools in need of funding to help the most vulnerable students, as well as those schools serving high-poverty and high-minority populations;
Amendment 196 #
2022/2004(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12 a. Highlights the positive role that mentoring played in certain countries during the pandemic in assisting young people solving issues, thereby promoting their mental health and providing an interpersonal connection that offered perspective and psychological support in times of isolation; Invites the Commission to consider supporting and funding such mentoring programmes at European level to encourage their development in all Member States;
Amendment 198 #
2022/2004(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12 a. Urges Member states to carry out initiatives in digital literacy targeting the teaching and the student communities to complement the in-person education, enhance their education experience, strengthen their academic curriculum, and level it to the digital transition;
Amendment 199 #
2022/2004(INI)
Motion for a resolution
Paragraph 12 b (new)
Paragraph 12 b (new)
12 b. Stresses the importance to provide support and training to teachers and educators as regards digital and blended leaning as a complementary element of in situ education to ensure education is resilient in the face of future challenges;
Amendment 205 #
2022/2004(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13 a. Urges the Member States to promote science and research on young people's mental health in order to combat and prevent mental health problems; Calls on the Commission and the Member States to systematically collect and compare research findings, experience and knowledge in dealing with mental health issues among young people in the EU;
Amendment 216 #
2022/2004(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14 a. Calls on the Commission to dedicate a European Year to Mental Health;
Amendment 220 #
2022/2004(INI)
Motion for a resolution
Paragraph 14 b (new)
Paragraph 14 b (new)
14 b. Calls on the Commission to develop a European Plan for the protection of mental health in education systems;
Amendment 224 #
2022/2004(INI)
Motion for a resolution
Paragraph 14 c (new)
Paragraph 14 c (new)
14 c. Welcomes the establishment of the Commission expert group on quality investment in education and training; Appreciates the efforts of the expert group and the points made in their interim report, which provide a good basis for much needed improvements in national education systems of the Member States;
Amendment 24 #
2022/0392(COD)
Proposal for a directive
Recital 21
Recital 21
(21) Technological innovation should not be hampered by granting design protection to designs consisting exclusively of features or the arrangement of features dictated solely by a technical function. It is understood that this does not entail that a design must have an aesthetic quality, and that designs with a technical function are not excluded from the design protection. A registered design right may be declared invalid where no considerations other than the need for that product to fulfil a technical function, in particular those related to the visual aspect, have played a role in the choice of the features of appearance.
Amendment 30 #
2022/0392(COD)
(34) The differences in the laws of the Member States on the use of protected designs for the purpose of permitting the repair of a complex product so as to restore its original appearance, where the product incorporating the design or to which the design is applied constitutes a form- dependent component part of a complex product, directly affect the establishment and functioning of the internal market. Such differences distort competition and trade within the internal market and create legal uncertainty.
Amendment 32 #
2022/0392(COD)
Proposal for a directive
Recital 35
Recital 35
(35) It is therefore necessary for the smooth functioning of the internal market and in order to ensure fair competition therein to approximate the design protection laws of the Member States as concerns the use of protected designs for the purpose of repair of a complex product so as to restore its original appearance through the insertion of a repair clause similar to that already contained in Regulation (EC) No 6/2002 and applicable to EU designs at Union level but explicitly applying to form-dependent component parts of complex products only. As the intended effect of such repair clause is to make design rights unenforceable where the design of the component part of a complex product is used for the purpose of the repair of a complex product so as to restore its original appearance, the repair clause should be placed among the available defences to design right infringement under this Directive. In addition, in order to ensure that consumers are not mislead but are able to make an informed decision between competing products that can be used for the repair, it should also be made explicit in the law that the repair clause cannot be invoked by the manufacturer or seller of a component part who have failed to duly inform consumers with detailed information about the originproducer of the product to be used for the purpose of the repair of the complex product.
Amendment 41 #
2022/0392(COD)
Proposal for a directive
Article 19 – paragraph 1
Article 19 – paragraph 1
1. Protection shall not be conferred on a registered design which constitutes a component part of a complex product, upon whose appearance the design of the component part is dependent, and which is used within the meaning of Article 16(1) for the sole purpose of the repair of that complex product so as to restore its original appearance.
Amendment 45 #
2022/0392(COD)
Proposal for a directive
Article 19 – paragraph 2
Article 19 – paragraph 2
2. Paragraph 1 cannot be invoked by the manufacturer or the seller of a component part of a complex product who failed to duly inform consumers, through a clear and visible indication on the product or in another appropriate form, with detailed information about the originproducer of the product to be used for the exclusive purpose of the repair of the complex product, so that they can make an informed choice between competing products that can be used for the repair.
Amendment 49 #
2022/0392(COD)
Proposal for a directive
Article 19 – paragraph 3
Article 19 – paragraph 3
3. Where at the time of adoption of this Directive the national law of a Member State provides protection for designs within the meaning of paragraph 1, the Member State shall, by way of derogation from paragraph 1, continue until …[OP please insert the date = ten years from the date of entry into force of this Directive] to provide that protection for designs for which registration has been applied before the entry into force of this Directive, in observance of Article 26 of the Agreement on Trade-Related Aspects of Intellectual Propery Rights.
Amendment 52 #
2022/0392(COD)
Proposal for a directive
Article 31 – paragraph 1
Article 31 – paragraph 1
1. Without prejudice to the right of the parties to appeal to the courts, Member States shallmay provide for an efficient and expeditious administrative procedure before their offices for the declaration of invalidity of a registered design right.
Amendment 30 #
2022/0391(COD)
Proposal for a regulation
Recital 10 a (new)
Recital 10 a (new)
(10a) Technological innovation should not be hampered by granting design protection to designs consisting exclusively of features or the arrangement of features dictated solely by a technical function. It is understood that this does not entail that a design must have an aesthetic quality and that designs with a technical function are not excluded from design protection. Likewise, the interoperability of products of different makes should not be hindered by extending protection to the design of mechanical fittings. Features of a design which are excluded from protection for these reasons should not be taken into consideration for the purpose of assessing whether other features of the design fulfil the requirements for protection.
Amendment 35 #
2022/0391(COD)
Proposal for a regulation
Recital 16
Recital 16
(16) Directive (EU) [xxx] harmonises the laws of the Member States with regard to the use of protected designs for the purpose of permitting the repair of a complex product so as to restore its original appearance, where the design is applied to or incorporated in a product which constitutes a component part of a complex product upon whose appearance the protected design is dependent. Accordingly, the current transitional repair clause contained in Regulation (EC) No 6/2002 should be converted into a permanent provision. As the intended effect of that provision is to make registered and unregistered Community design rights unenforceable where the design of the component part of a complex product is used for the purpose of the repair of a complex product so as to restore its original appearance, the repair clause should be placed among the available defences to EU design right infringement under Regulation (EC) No 6/2002. Furthermore, for the sake of coherence with the repair clause inserted into Directive (EU) [XXX], and in order to ensure that the scope of design protection is only restricted to prevent design right holders from actually being granted product monopolies, it is necessary to explicitly limit the application of the repair clause set out in Regulation (EC) No 6/2002 to component parts of a complex product upon whose appearance the protected design is dependent. In addition, in order to ensure that consumers are not mislead but are able to make an informed decision between competing products that can be used for the repair, it should also be made explicit in the law that the repair clause cannot be invoked by the manufacturer or the seller of a component part who have failed to duly inform consumers about the originwith detailed information about the producer1a of the product to be used for the purpose of repair of the complex product. _________________ 1a The definition of “producer” is to be understood as the definition included in Art. 2 (e) of Directive 2001/95/EC of the European Parliament and of the Council of 3 December 2001 on general product safety.
Amendment 52 #
2022/0391(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 10
Article 1 – paragraph 1 – point 10
Regulation (EC) No 6/2002
Article 7 – paragraph 3
Article 7 – paragraph 3
2a. 3. Paragraph 2 shall also apply if the design has been made available to the public as a consequence of an abuse in relation to the designer or his successor in title or copying of the protected design.
Amendment 53 #
2022/0391(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 10
Article 1 – paragraph 1 – point 10
Regulation (EC) No 6/2002
Article 11 – paragraph 1
Article 11 – paragraph 1
2b. 1. A design which meets the requirements under Section 1 shall be protected by an unregistered EU design for a period of three years as from the date on which the design was first made available to the public.
Amendment 54 #
2022/0391(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 10
Article 1 – paragraph 1 – point 10
Regulation (EC) No 6/2002
Article 11 – paragraph 2
Article 11 – paragraph 2
2c. 2. For the purpose of paragraph 1, a design shall be deemed to have been made available to the public if it has been published, exhibited, used in trade or otherwise disclosed in such a way that, in the normal course of business, these events could reasonably have become known to the circles specialised in the sector concerned, operating within the Union. The design shall not, however, be deemed to have been made available to the public for the sole reason that it has been disclosed to a third person under explicit or implicit conditions of confidentiality.
Amendment 64 #
2022/0391(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 16
Article 1 – paragraph 1 – point 16
Regulation (EC) No 6/2002
Article 20a – paragraph 1
Article 20a – paragraph 1
1. Protection shall not be conferred on an EU design which constitutes a component part of a complex product, upon whose appearance the design of the component part is dependent, and which is used within the meaning of Article 19(1) for the sole purpose of the repair of that complex product so as to restore its original appearance.
Amendment 76 #
2022/0391(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 40
Article 1 – paragraph 1 – point 40
Regulation (EC) No 6/2002
Article 47a – paragraph 2
Article 47a – paragraph 2
2. The applicant may at any time amend the representation of the EU design applied for in immaterial details, which merely remedy a lack of precision, certainty or clarity regarding the design for which EU design registration is sought.;
Amendment 78 #
2022/0391(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 49
Article 1 – paragraph 1 – point 49
Regulation (EC) No 6/2002
Article 50e – paragraph 1
Article 50e – paragraph 1
1. The representation of the registered EU design shall not be altered in the Register during the period of registration or on renewal thereof except in immaterial details, which merely remedy a lack of precision, certainty or clarity regarding the design for which EU design registration is sought.
Amendment 96 #
2022/0391(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 100
Article 1 – paragraph 1 – point 100
Regulation (EC) No 6/2002
Article 88 – paragraph 2
Article 88 – paragraph 2
2. On all design matters not covered by this Regulation, an EU design court shall apply the applicable national law.;
Amendment 110 #
Amendment 112 #
2022/0391(COD)
Proposal for a regulation
Annex I
Annex I
Regulation (EC) No 6/2002
Annex I
Annex I
(a) for the first period of renewal: EUR 790 per design;
Amendment 114 #
2022/0391(COD)
Proposal for a regulation
Annex I
Annex I
Regulation (EC) No 6/2002
Annex I
Annex I
(b) for the second period of renewal: EUR 1420 per design;
Amendment 116 #
2022/0391(COD)
Proposal for a regulation
Annex I Regulation (EC) No 6/2002
Annex I Regulation (EC) No 6/2002
(c) for the third period of renewal: EUR 28150 per design;
Amendment 118 #
2022/0391(COD)
Proposal for a regulation
Annex I
Annex I
Regulation (EC) No 6/2002
Annex I
Annex I
(d) for the fourth period of renewal: EUR 56180 per design.
Amendment 79 #
2022/0302(COD)
Proposal for a directive
Recital 12
Recital 12
(12) Products in the digital age can be tangible or intangible. Software, such as operating systems, firmware, computer programs, applications or AI systems, is increasingly common on the market and plays an increasingly important role for product safety. Software is capable of being placed on the market as a standalone product and may subsequently be integrated into other products as a component or may be provided as one or several services or as software as a service, and is capable of causing damage through its execution. In the interest of legal certainty it should therefore be clarified that software is a product for the purposes of applying no- fault liability, irrespective of the mode of its supply or usage, and therefore irrespective of whether the software is stored on a device or accessed through cloud technologies. The source code of software, however, is not to be considered as a product for the purposes of this Directive as this is pure information. The developer or producer of software, including AI system providers within the meaning of [Regulation (EU) …/… (AI Act)], should be treated as a manufacturer.
Amendment 85 #
2022/0302(COD)
Proposal for a directive
Recital 13 a (new)
Recital 13 a (new)
(13a) In the interest of legal certainty, a manufacturer may decide to integrate free and open-source software as a component of a product or authorise its integration, inter-connection or supply by a third party, which should then be considered as modifications under the manufacturer’s control. In such cases, if the product is placed on the market or, where relevant, put into service in the course of a commercial activity, this Directive shall apply. Therefore, the manufacturer of the product may be held liable for damages arising from a defect in the free and open source software. However, the manufacturer of the free and open-source software may not be held liable for such damages unless the software is supplied to the manufacturer of the product in exchange for a price or personal data is used other than exclusively for improving the security, compatibility or interoperability of the software.
Amendment 90 #
2022/0302(COD)
Proposal for a directive
Recital 15
Recital 15
(15) It is becoming increasingly common for digital services and digital content to be integrated in or inter- connected with a product in such a way that the absence of the service or content would prevent the product from performing one of its functions, for example the continuous supply of traffic data in a navigation system or the supplied traffic data itself. While this Directive should not apply to services or content as such, it is necessary to extend no-fault liability to such digital services and digital content as they determine the safety of the product just as much as physical or digital components. Such related servicesThat is, any kind of digital services or data that is essential for the functioning of a product should be covered by the scope of this Directive. Such services and content should be considered as components of the product to which they are inter-connected, when they are within the control of the manufacturer of that product, in the sense that they are supplied by the manufacturer itself or that the manufacturer recommends them or otherwise influences their supply by a third party.
Amendment 96 #
2022/0302(COD)
Proposal for a directive
Recital 16
Recital 16
(16) In recognition of the growing relevance and value of intangible assets, the loss or, corruption theft or unauthorised copying of data, such as content deleted from a hard drive or unauthorised access to content due to insufficient cybersecurity, should also be compensated, including the cost of recovering or restoring the data. As a result, the protection of consumers requires compensation for material losses resulting not only from death or personal injury, such as funeral or medical expenses or lost income, and from damage to property, but also for loss or corruption, corruption, theft or unauthorised copying of data. Nevertheless, compensation for infringements of Regulation (EU) 2016/679 of the European Parliament and of the Council41, Directive 2002/58/EC of the European Parliament and of the Council42, Directive (EU) 2016/680 of the European Parliament and of the Council43and Regulation (EU) 2018/1725 of the European Parliament and of the Council44is not affected by this Directive. _________________ 41 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 (OJ L 119, 4.5.2016, p. 1). 42 Directive 2002/58/EC of the European Parliament and of the Council of 12 July 2002 concerning the processing of personal data and the protection of privacy in the electronic communications sector (OJ L 201, 31.7.2002, p. 37). 43 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, OJ L 119, 4.5.2016, p. 89. 44 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.
Amendment 105 #
2022/0302(COD)
Proposal for a directive
Recital 18
Recital 18
(18) While Member States should provide full and proper compensation for all material and non-material losses resulting from death, or personal injury, or damage to or destruction of property and, data loss or corruption, corruption theft or unauthorised copying and pure economic loss, rules on calculating compensation should be laid down by Member States. Furthermore, this Directive should not affect national rules relating to non-material damage.
Amendment 107 #
2022/0302(COD)
Proposal for a directive
Recital 18 a (new)
Recital 18 a (new)
(18a) In the interest of legal certainty, claimants should be able to request compensation for non-material damage even if the damage that triggered a claim for compensation under this Directive is of material nature. This is the case as material damages resulting from, for example, personal injury might result on both material and non-material losses, such as loss of income due to medical treatment or pain and suffering.
Amendment 109 #
2022/0302(COD)
Proposal for a directive
Recital 18 b (new)
Recital 18 b (new)
Amendment 112 #
2022/0302(COD)
Proposal for a directive
Recital 20
Recital 20
(20) This Directive should apply to products placed on the market or, where relevant, put into service in the course of a commercial activity, whether in return for payment or, free of charge, or in exchange of personal data, for example products supplied in the context of a sponsoring campaign or products manufactured for the provision of a service financed by public funds, since this mode of supply still has an economic or business character.
Amendment 116 #
2022/0302(COD)
Proposal for a directive
Recital 22
Recital 22
(22) In order to protect the health and property of consumers, the defectiveness of a product should be determined by reference not to its fitness for use but to the lack of the safety that the public at large is entitled to expect as well as to its compliance with standards of safety, consumer protection and data protection. The assessment of defectiveness should involve an objective analysis and not refer to the safety that any particular person is entitled to expect. The safety that the public at large is entitled to expect should be assessed by taking into account, inter alia, the intended purpose, the objective characteristics and the properties of the product in question as well as the specific requirements of the group of users for whom the product is intended. Some products, such as life- sustaining medical devices, entail an especially high risk of damage to people and therefore give rise to particularly high safety expectations. In order to take such expectations into account, it should be possible for a court to find a product defective without establishing its actual defectiveness, where it belongs to the same production series as a product already proven to be defective.
Amendment 123 #
2022/0302(COD)
Proposal for a directive
Recital 27
Recital 27
(27) In order to ensure that injured persons have an enforceable claim for compensation where a manufacturer is established outside the Union or cannot be identified, it should be possible to hold jointly and severally liable the importer of the product and, the authorised representative of the manufacturer liable, the fulfilment service provider and the distributor of the product. Practical experience of market surveillance has shown that supply chains sometimes involve economic operators whose novel form means that they do not fit easily into the traditional supply chains under the existing legal framework. Such is the case, in particular, with fulfilment service providers, which perform many of the same functions as importers but which might not always correspond to the traditional definition of importer in Union law. In light of the role of fulfilment service providers as economic operators in the product safety and market surveillance framework, in particular in Regulation (EU) 2019/1020 of the European Parliament and of the Council46, it should be possible to hold them liable, but given the subsidiary nature of that role, they should be liable only where no importer or authorised representative is based in the Union. In the interests of channelling liability in an effective manner towards manufacturers, importers, authorised representatives and fulfilment service providers, it should be possible to hold distributors liable only where they fail to promptly identify a relevant economic operator based in the Union. _________________ 46 Regulation (EU) 2019/1020 of the European Parliament and of the Council of 20 June 2019 on market surveillance and compliance of products and amending Directive 2004/42/EC and Regulations (EC) No 765/2008 and (EU) No 305/2011 (OJ L 169, 25.6.2019, p. 1).
Amendment 126 #
2022/0302(COD)
Proposal for a directive
Recital 28
Recital 28
(28) Online selling has grown consistently and steadily, creating new business models and new actors in the market such as online platforms. [Regulation […/…] on a Single Market for Digital Services (Digital Services Act)] and [Regulation […/…] on General Product Safety] regulate, inter alia, the responsibility and accountability of online platforms with regard to illegal content, including products. When online platformsOnline platforms may, for example, perform the role of manufacturer, importer or distributor in respect of a defective product, t. They should be liable on the same terms as such economic operators. When online platforms play a mere intermediary role in the sale of products between traders and consumers, they are covered by a conditional liability exemption under the Digital Services Act. However, the Digital Services Act establishes that online platforms that allow consumers to conclude distance contracts with traders are not exempt from liability under consumer protection law where they present the product or otherwise enable the specific transaction in question in a way that would lead an average consumer to believe that the product is provided either by the online platform itself or by a trader acting under its authority or control. In keeping with this principle, when online platforms do so present the product or otherwise enablthen be deemed an economic operator and be the specific transaction, it should be possible to hold themld liable, i on the same way as distributors under this Directive. That means that they would be liable only when they do so present the product or otherwise enable the specific transaction, and only where the online platform fails to promptly identify a relevant economic operator based in the Unionterms as such economic operators.
Amendment 134 #
2022/0302(COD)
Proposal for a directive
Recital 30
Recital 30
(30) In light of the imposition on economic operators of liability irrespective of fault, and with a view to achieving a fair apportionment of risk, the injured person claiming compensation for damage caused by a defective product should bear the burden of proving the damage, the defectiveness of a product and the causal link between the two. Injured persons, are, however, often at a significant disadvantage compared to manufacturers in terms of access to, and understanding of, information on how a product was produced and how it operates. This asymmetry of information can undermine the fair apportionment of risk, in particular in cases involving technical or scientific complexity.
Amendment 137 #
2022/0302(COD)
Proposal for a directive
Recital 31
Recital 31
(31) It is therefore necessary to facilitate claimants’ access to evidence to be used in legal proceedings, while ensuring that such access is limited to that which is necessary and proportionate, and that confidential information and trade secrets are protected. Such evidence should also include documents that have to be created ex novo by the defendant by compiling or classifying the available evidence. Taking in consideration the complexity of certain types of data, especially those from digital products, the evidence to be disclosed should be delivered in the most accessible manner possible, both in terms of the form of its delivery and its content.
Amendment 142 #
2022/0302(COD)
Proposal for a directive
Recital 32 a (new)
Recital 32 a (new)
(32a) The Council Directive 85/374/EEC established that the injured person claiming compensation for damage caused by a defective product should bear the burden of proving the damage, the defectiveness of a product and the causal link between the two. The 2018 Commission Report on the application of the Council Directive 85/374/EEC highlighted that “the most frequent reasons to reject claims relate to the proof of the defect and its link with the damage, which together account for 53% of the cases of rejection”. It is therefore important to reverse the burden of proof. In order to assure that consumers are able to enforce their rights and are not denied access to justice, claimants should only be required to prove the damage suffered. The defectiveness of the product and the causal link between the defectiveness and the damage shall be presumed unless rebutted by the defendant.
Amendment 143 #
2022/0302(COD)
Proposal for a directive
Recital 33
Recital 33
Amendment 148 #
2022/0302(COD)
Proposal for a directive
Recital 34
Recital 34
Amendment 152 #
2022/0302(COD)
Proposal for a directive
Recital 35
Recital 35
Amendment 158 #
2022/0302(COD)
Proposal for a directive
Recital 37
Recital 37
(37) The moment of placing on the market or putting into service is normally the moment at which a product leaves the control of the manufacturer, while for distributors it is the moment when they make the product available on the market. Therefore manufacturers should be exempted from liability where they prove that it is probable that the defectiveness that caused the damage did not exist when they placed the product on the market or put it into service or that it came into being after that moment. However, since digital technologies allow manufacturers to exercise control beyond the moment of placing the product on the market or putting into service, manufacturers should remain liable for defectiveness that comes into being after that moment as a result of software or related servicedigital elements within their control, be it in the form of upgrades or updates or machine-learning algorithms. Such software or related servicedigital elements should be considered within the manufacturer’s control where they are supplied by that manufacturer or where that manufacturer authorises them or otherwise influences their supply by a third party.
Amendment 160 #
2022/0302(COD)
Proposal for a directive
Recital 39
Recital 39
Amendment 171 #
2022/0302(COD)
Proposal for a directive
Recital 43
Recital 43
(43) Given that products age over time, and that higher safety standards are developed as the state of science and technology progresses, it would not be reasonable to make manufacturers liable for an unlimited period of time for the defectiveness of their products. Therefore, the liability should be subject to a reasonable length of time, that is 130 years following placing on the market, without prejudice to claims pending in legal proceedings. In order to avoid unreasonably denying the possibility of compensation, the limitation period should be 15 years in cases where the symptoms of a personal injury are, according to medical evidence, slow to emerge.
Amendment 179 #
2022/0302(COD)
Proposal for a directive
Article 1 – paragraph 1
Article 1 – paragraph 1
This Directive lays down common rules on the liability of economic operators for damage suffered by natural persons caused by defective products. It complements Union and Member State law on extra- contractual liability, providing for compensation and a high level of protection for the victims of defective products.
Amendment 204 #
2022/0302(COD)
Proposal for a directive
Article 4 – paragraph 1 – point 2 a (new)
Article 4 – paragraph 1 – point 2 a (new)
(2a) ‘software’ means software that is placed on the market as a standalone product, as a component of another product or provided as a service;
Amendment 209 #
2022/0302(COD)
Proposal for a directive
Article 4 – paragraph 1 – point 3
Article 4 – paragraph 1 – point 3
(3) ‘component’ means any item, whether tangible or intangible, or any related servicedigital element, that is integrated into, or inter-connected with, a product by the manufacturer of that product or within that manufacturer’s control;
Amendment 213 #
2022/0302(COD)
Proposal for a directive
Article 4 – paragraph 1 – point 4
Article 4 – paragraph 1 – point 4
Amendment 216 #
2022/0302(COD)
Proposal for a directive
Article 4 – paragraph 1 – point 5
Article 4 – paragraph 1 – point 5
Amendment 219 #
2022/0302(COD)
Proposal for a directive
Article 4 – paragraph 1 – point 6
Article 4 – paragraph 1 – point 6
Amendment 236 #
2022/0302(COD)
(6a) ‘damage’ includes: (a) material damage resulting from: (i) death or personal injury, including medically recognised harm to psychological health, (ii) harm to, or destruction of, any property, except: - the defective product itself; - a product damaged by a defective component of that product; - property used exclusively for professional purposes; (iii) loss, corruption, theft or unauthorised copying of data that is not used exclusively for professional purposes; (iv) pure economic loss (b) non-material damages
Amendment 264 #
2022/0302(COD)
Proposal for a directive
Article 5 – paragraph 2 – introductory part
Article 5 – paragraph 2 – introductory part
2. Member States shall ensure that claims for compensationthe person claiming compensation for damages caused by a defective product (‘the claimant’) pursuant to paragraph 1 may also be brought by:
Amendment 268 #
2022/0302(COD)
Proposal for a directive
Article 6 – paragraph 1 – introductory part
Article 6 – paragraph 1 – introductory part
Amendment 285 #
2022/0302(COD)
Proposal for a directive
Article 6 – paragraph 1 – point d
Article 6 – paragraph 1 – point d
(d) the effect on the product of other products that can reasonably be expected to be used together with the product including by interconnection;
Amendment 295 #
2022/0302(COD)
Proposal for a directive
Article 6 – paragraph 1 – point h
Article 6 – paragraph 1 – point h
(h) the specific expectations of the end- users for whom the product is intended., including particular vulnerable end-users such as children, older people and persons with disabilities;
Amendment 300 #
2022/0302(COD)
Proposal for a directive
Article 6 – paragraph 1 – point h a (new)
Article 6 – paragraph 1 – point h a (new)
(ha) claims that products from the same product series have been shown to be defective by consumers or consumers’ organisations.
Amendment 307 #
2022/0302(COD)
Proposal for a directive
Article 7 – paragraph 2
Article 7 – paragraph 2
2. Member States shall ensure that, where the manufacturer of the defective product is established outside the Union or cannot be identified, the importer of the defective product and, the authorised representative of the manufacturer can be held, the fulfilment service provider, the provider of an online platform and the distributor of the product can be held jointly and severally liable for damage caused by that product.
Amendment 312 #
2022/0302(COD)
Proposal for a directive
Article 7 – paragraph 2 a (new)
Article 7 – paragraph 2 a (new)
2a. The manufacturer cannot be identified if the claimant requests an economic operator listed in paragraph 2 to identify the manufacturer and the requested economic operator fails to provide the claimant with all the information necessary to identify and contact the manufacturer, within 1 month of receiving the request.
Amendment 315 #
2022/0302(COD)
Proposal for a directive
Article 7 – paragraph 3
Article 7 – paragraph 3
Amendment 325 #
2022/0302(COD)
Proposal for a directive
Article 7 – paragraph 5
Article 7 – paragraph 5
Amendment 331 #
2022/0302(COD)
Proposal for a directive
Article 7 – paragraph 6
Article 7 – paragraph 6
Amendment 342 #
2022/0302(COD)
Proposal for a directive
Article 8 – paragraph 1
Article 8 – paragraph 1
1. Member States shall ensure that national courts are empowered, upon request of an injured person who is claiming compensation for damage caused by a defective product (‘the claimant’) who has presented facts and evidence sufficient to support the plausibility of the claim for compensation,or is considering to do so to order the defendant to disclose relevant evidence that is at its disposal.
Amendment 345 #
2022/0302(COD)
Proposal for a directive
Article 8 – paragraph 1 a (new)
Article 8 – paragraph 1 a (new)
1a. The evidence to be disclosed pursuant of paragraph 1 shall be delivered to the claimant in the most accessible manner possible, both in terms of the form of its delivery and its content.
Amendment 356 #
2022/0302(COD)
Proposal for a directive
Article 9 – paragraph 1
Article 9 – paragraph 1
1. Member States shall ensure that a claimant is required to prove the defectiveness of the product, the damage suffered and the causal link between the defectiveness and the damageamage suffered.
Amendment 357 #
2022/0302(COD)
Proposal for a directive
Article 9 – paragraph 1 a (new)
Article 9 – paragraph 1 a (new)
1a. Member States shall ensure that, when the claimant proves the damaged suffered, the defectiveness of the product and the causal link between the defectiveness and the damage shall be presumed unless rebutted by the defendant.
Amendment 360 #
2022/0302(COD)
Proposal for a directive
Article 9 – paragraph 2
Article 9 – paragraph 2
Amendment 372 #
2022/0302(COD)
Proposal for a directive
Article 9 – paragraph 3
Article 9 – paragraph 3
Amendment 376 #
2022/0302(COD)
Proposal for a directive
Article 9 – paragraph 4
Article 9 – paragraph 4
Amendment 392 #
2022/0302(COD)
Proposal for a directive
Article 9 – paragraph 5
Article 9 – paragraph 5
Amendment 396 #
2022/0302(COD)
Proposal for a directive
Article 10 – paragraph 1 – point c
Article 10 – paragraph 1 – point c
(c) that it is probable that the defectiveness that caused the damage did not exist when the product was placed on the market, put into service or, in respect of a distributor, made available on the market, or that this defectiveness came into being after that moment;
Amendment 398 #
2022/0302(COD)
Proposal for a directive
Article 10 – paragraph 1 – point d
Article 10 – paragraph 1 – point d
(d) that the defectiveness is due to compliance of the product with mandatory regulations issued by public authorities and that the economic operator exercised all reasonable due care required by the circumstances ;
Amendment 400 #
2022/0302(COD)
Proposal for a directive
Article 10 – paragraph 1 – point e
Article 10 – paragraph 1 – point e
Amendment 406 #
2022/0302(COD)
Proposal for a directive
Article 10 – paragraph 2 – introductory part
Article 10 – paragraph 2 – introductory part
2. By way of derogation from paragraph 1, point (c), an economic operator shall not be exempted from liability, where the defectiveness of the product is due to any of the following, provided that it is within the manufacturer’s controloccurs under the manufacturer’s control, including when it is due to any of the following:
Amendment 407 #
2022/0302(COD)
Proposal for a directive
Article 10 – paragraph 2 – point a
Article 10 – paragraph 2 – point a
(a) a related servicedigital element;
Amendment 428 #
2022/0302(COD)
Proposal for a directive
Article 14 – paragraph 2
Article 14 – paragraph 2
2. Member States shall ensure that the rights conferred upon the injured person pursuant to this Directive are extinguished upon the expiry of a limitation period of 130 years from the date on which the actual defective product which caused the damage was placed on the market, put into service or substantially modified as referred to in Article 7(4), unless a claimant has, in the meantime, initiated proceedings before a national court against an economic operator that can be held liable pursuant to Article 7.
Amendment 430 #
2022/0302(COD)
Proposal for a directive
Article 14 – paragraph 3
Article 14 – paragraph 3
Amendment 440 #
2022/0302(COD)
Proposal for a directive
Article 15 – paragraph 2
Article 15 – paragraph 2
2. The Commission mayshall set up and maintain a publicly available database containing the judgments referred to in paragraph 1 and judgments delivered by the Court of Justice of the European Union in relation to proceedings launched pursuant to this Directive.
Amendment 133 #
2022/0277(COD)
Proposal for a regulation
Recital 5 a (new)
Recital 5 a (new)
(5a) The adoption by media services of standarised objectives of democratic sustainaibility will also contribute to tackle the challenges to media pluralism and media freedom, while enhancing citizens trust and reallocating economic resources to those media services that will integrate the democratic sustainable objectives in their strategic corporate goals.
Amendment 300 #
2022/0277(COD)
Proposal for a regulation
Recital 36
Recital 36
(36) Building on the useful role played by ERGA in monitoring compliance by the signatories of EU Code of Practice on Disinformation, the Board should, at least on a yearly basis, organise a structured dialogue between providers of very large online platforms, representatives of media service providers and representatives of civil society, including representatives of the fact-checking organisations, to foster access to diverse offers of independent media on very large online platforms, discuss experience and best practices related to the application of the relevant provisions of this Regulation and to monitor adherence to self-regulatory initiatives aimed at protecting society from harmful content, including those aimed at countering disinformation. The Commission may, where relevant, examine the reports on the results of such structured dialogues when assessing systemic and emerging issues across the Union under Regulation (EU) 2022/XXX [Digital Services Act] and may ask the Board to support it to this effect.
Amendment 408 #
2022/0277(COD)
Proposal for a regulation
Article 1 – paragraph 2 – point f a (new)
Article 1 – paragraph 2 – point f a (new)
(fa) Directive - (EU) 2019/1937 of the European Parliament and of the Council of 23 October 2019 on the protection of persons who report breaches of Union law
Amendment 410 #
2022/0277(COD)
Proposal for a regulation
Article 1 – paragraph 2 – point f b (new)
Article 1 – paragraph 2 – point f b (new)
Amendment 482 #
2022/0277(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 17 a (new)
Article 2 – paragraph 1 – point 17 a (new)
(17a) Media literacy’ refers to skills, knowledge and understanding that allow citizens to use media effectively and safely. Media literacy should not be limited to learning about tools and technologies, but should aim to equip citizens with the critical thinking skills required to exercise judgment, analyse complex realities and recognise the difference between opinion and fact.
Amendment 491 #
2022/0277(COD)
Proposal for a regulation
Article 3 – paragraph 1 – subparagraph 1 (new)
Article 3 – paragraph 1 – subparagraph 1 (new)
Amendment 1010 #
2022/0277(COD)
Proposal for a regulation
Article 17 – paragraph 2
Article 17 – paragraph 2
2. Where a provider of very large online platform decides to suspend the provision of its online intermediation serviremove or otherwise restrict availability of an access in relationto to content provided by a media service provider that submitted a recognised declaration pursuant to paragraph 1 of this Article, on the grounds that such content is incompatible with its terms and conditions, without that content contributing to a systemic risk referred to in Article 26 of the Regulation (EU) 2022/XXX [Digital Services Act], it shall take all possible measures, to the extent consistent with their obligations under Union law, including Regulation (EU) 2022/XXX [Digital Services Act], to communicate to the media service provider concerned the statement of reasons accompanying that decision, as required by Article 4(1) of Regulation (EU) 2019/1150, prior to the suspens and the codes of conduct recognised under its article 45, to communicate to the media service provider concerned and the competent regulatory authority or body or the body of the self- or co-regulatory mechanism, the national coordinator for digital services and the Board, the statement of reasons accompanying that decision, as required by Article 17 of Regulation EU 2019/2065 Article 4(1) of Regulation (EU) 2019/1150 and the specific clause in its general terms and conditions, prior to the removal or restriction taking effect.
Amendment 1016 #
2022/0277(COD)
Proposal for a regulation
Article 17 – paragraph 2 a (new)
Article 17 – paragraph 2 a (new)
2a. In the case of that content otherwise contributing to a systemic risk referred to in Article 26 of the Regulation (EU) 2022/XXX [Digital Services Act], including disinformation, the provider of very large online platform shall take all reasonable measures, to the extent consistent with their obligations under Union law, including Regulation (EU) 2022/XXX [Digital Services Act], to communicate the media service provider concerned and the competent regulatory authority or body or the body of the self- or co-regulatory mechanism, the national coordinator for digital services and the Board, the statement of reasons accompanying that decision, as required by Article 17 of Regulation EU 2019/2065 and Article 4(1) of Regulation (EU) 2019/1150, if possible, prior to the removal or suspension taking effect.
Amendment 1026 #
2022/0277(COD)
Proposal for a regulation
Article 17 – paragraph 4
Article 17 – paragraph 4
4. Where a media service provider that submitted a declaration pursuant to paragraph 1 considers that a provider of very large online platform frequently restricts or suspends the provision of its services in relation to content provided by the media service provider without sufficient grounds, the provider of very large online platform shall engage in a meaningful and effective dialogue with the media service provider, upon its request, in good faith with a view to finding an amicable solution for terminating unjustified restrictions or suspensions and avoiding them in the future. The media service provider may notify the outcome of such exchanges to the Board. If no amicable solution is found, the Board shall facilitate the consistent implementation of this Article, in order to ensure that terms and conditions and moderation processes of very large online platforms are acting in a non arbitrary and non discriminatory manner to guarantee the freedom of expression and of information, including media freedom and pluralism of news and information of the recognised media services providers. Very large online platforms shall ensure that their content moderation processes have adequate and sufficient personnel, including specific type of linguistic and cultural diversity training to deal with media content from recognised media service providers in one or more Member States. To this end, the Board shall be able to request addtional documentation to the very large online platform.
Amendment 1073 #
2022/0277(COD)
Proposal for a regulation
Article 18 – paragraph 1
Article 18 – paragraph 1
1. The Board shall regularly organise a structured dialogue between providers of very large online platforms, representatives of media service providers and representatives of civil society, including representatives of the fact-checking organisations, to discuss experience and best practices in the application of Article 17 of this Regulation, to foster access to diverse offers of independent media on very large online platforms and to monitor adherence to self- regulatory initiatives aimed at protecting society from harmful content, including disinformation and foreign information manipulation and interference.
Amendment 1078 #
2022/0277(COD)
Proposal for a regulation
Article 18 – paragraph 2
Article 18 – paragraph 2
2. The Board shall report on the results of the dialogue to the Commission and make them publicly available.
Amendment 1239 #
2022/0277(COD)
Proposal for a regulation
Article 23 – paragraph 2
Article 23 – paragraph 2
2. Without prejudice to the protection of undertakings’ businesstrade secrets, providers of proprietary audience measurement systems shall provide, without undue delay and free of costs, to media service providers and advertisers, to right holders concerning their own programmes, as well as to third parties authorised by media service providers and advertisers, accurate, detailed, comprehensive, intelligible and up-to-date information on the data collected and the methodology used by their audience measurement systems. This provision shall not affect the Union’s data protection and privacy rules.
Amendment 1 #
2022/0212(BUD)
Draft opinion
Paragraph 1
Paragraph 1
1. Highlights the need to continue to support the cultural and creative sectors and industries as well as the sports sector affected by the COVID-19 pandemic and the need to urgently address the new priorities linked to the war in Ukraine, including by increasing support to Ukrainian students, artists, journalists and NGOslearners, teachers, artists, cultural workers, journalists and NGOs; points out that in addition to the impact of the pandemic, the above-mentioned sectors are also facing new challenges such as rising inflation and the associated loss of purchasing power among European citizens; notes that the rising cost of energy poses existential problems for operators of cultural and sports facilities, especially in winter;
Amendment 6 #
2022/0212(BUD)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. Stresses the disproportionately negative impact of the COVID-19 pandemic on people with disabilities and underlines the importance of financial support for inclusive events that promote their visibility in culture and sports, such as the Special Olympics World Games 2023 in Berlin;
Amendment 8 #
2022/0212(BUD)
Draft opinion
Paragraph 2
Paragraph 2
2. Recalls that the Union budget should ensure the long-lasting legacy of the 2022 European Year of Youth, as agreed by the co-legislator and tangible improvements for young people, as agreed by the co-legislators; recalls the political commitment to use funds from all relevant Union programmes and to report the European Parliament on a regular basis;
Amendment 12 #
2022/0212(BUD)
Draft opinion
Paragraph 3
Paragraph 3
3. Believes, in this regard, that the Union budget should foresee a significant increase in the 2023 Erasmus+ Programme so that the education and training systems can cope with the new challenges and that learners, teachers, schools, youth organisations and NGOs can benefit from adequate resources; believes, furthermore, that a budgetary increase also ensures the continued greening and digitalisation of the Erasmus+ Programme as well as further inclusion measures to allow the participation of more disadvantaged young Europeansignificantly more young Europeans, with an increased focus on gender balance, young people from socially disadvantaged backgrounds, minorities and young people with disabilities;
Amendment 16 #
2022/0212(BUD)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. Calls for dedicated investments in citizenship education through the reinforcement of Union programmes and projects supporting education, in line with the will of the citizens expressed in the recommendations stemming out of the Conference on the Future of Europe; insists on the need for a dedicated budget to develop Union-wide comparable information and testing in the area of citizenship education;
Amendment 19 #
2022/0212(BUD)
Draft opinion
Paragraph 4
Paragraph 4
4. Notes that the cultural and creative sectors and industries continue to suffer from the consequences of the COVID-19 pandemic; points out, furthermore, that the rising inflation, caused byresulting notably from the war in Ukraine is worsening the situation and there; calls fore a bolstering of the Creative Europe Programme is needed; consequently, insists on the need to reinstate at least half of the budgetary cut to the Creative Europe Programme, which was proposed by the Commission for 2023 when compared to 2022 and in order to provide targeted support for the creative sectors and industries, including the performing arts and in particular the live performance sector;
Amendment 21 #
2022/0212(BUD)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Stresses the need for additional funding for the European Capitals of Culture, as they represent a great added value for European society, and as the COVID-19 pandemic and rising inflation have significantly worsened the framework conditions for the implementation of the European Capitals of Culture;
Amendment 23 #
2022/0212(BUD)
Draft opinion
Paragraph 4 b (new)
Paragraph 4 b (new)
4 b. Considers that the cultural and creative sectors require additional financial support and that, given the challenges of inflation and rising energy costs resulting notably from the Russian war in Ukraine, any reduction in the budget would harm the current situation and the future growth of the sectors in multiple ways;
Amendment 30 #
2022/0212(BUD)
Draft opinion
Paragraph 5
Paragraph 5
5. EmphasisesNotes the persistent issue of disinformation that threatens people's ability to access information and hampers the normal functioning of deliberative democracies; emphasises therefore the urgent need for more funding to fight disinformation; insists, in this regard, that the budget for the Cross-Sectoral and Media Strands under Creative Europe should be significantly reinforced;
Amendment 36 #
2022/0212(BUD)
Draft opinion
Paragraph 6
Paragraph 6
6. Insists that the New European Bauhaus initiative launched in 2021 needs proper and sufficient funding to be able and deliver its objectives beyond 2022, and reminds that it should not be funded at the expense of the Creative Europe Programme; in this regard, recalls the Parliament position for an indispensable and swift mid-term revision of the Multiannual Financial Framework to respond to the long-term consequences of the current crisis, to additionally explore the possibilitilook for avenues to establish a long-term dedicated funding for the New European Bauhaus initiative and for the European Education Area, as well as to explore possibilities for a permanent Union editorial and news media fund to empower independent editorial and news coverage, safeguard the independence of European journalists and journalism, and guarantee the freedom of the press;
Amendment 47 #
2022/0212(BUD)
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7 a. Recalls the importance that citizens' engagement activities, including town-twinning and remembrance, play in promoting a common culture of remembrance and mutual understanding conducive to peace-keeping in Europe; considers in this respect that additional funding is required for the Citizens' engagement and participation strand of the Citizens, Equality, Rights and Values Programme;
Amendment 37 #
2022/0155(COD)
Proposal for a regulation
Recital 11 a (new)
Recital 11 a (new)
(11 a) The UN Study on Violence against Children defines "child sexual abuse" as any type of sexual activity inflicted on children, especially by someone who is responsible for them, or who has power or control over them, and whom they should be able to trust. Sexual violence against children encompasses a wide range of acts, such as forced sexual intercourse in intimate partner relationships, rape by strangers, systematic rape, sexual harassment (including demanding sex in exchange for compensation of any kind), sexual abuse of children, child marriage and violent acts against the sexual integrity of women, including female genital mutilation and compulsory virginity inspections.
Amendment 38 #
2022/0155(COD)
Proposal for a regulation
Recital 11 b (new)
Recital 11 b (new)
(11 b) UNICEF defines child sexual abuse as when a child is used for the sexual stimulation of the perpetrator or the gratification of an observer. It involves any interaction in which consent does not exist or cannot be given, regardless of whether the child understands the sexual nature of the activity and even when the child shows no signs of refusal.
Amendment 40 #
2022/0155(COD)
Proposal for a regulation
Recital 13 a (new)
Recital 13 a (new)
(13 a) The term "online grooming" refers to the process by which an adult tries to manipulate a child in order to obtain sexual audiovisual material or to have some kind of in-person sexual relationship with the child. According to international studies to date, between 5% and 15% of minors have been sexually solicited by adults through ICTs. Within the prevention measures, we must consider the responsible use of ICTs as a fundamental part of awareness-raising and education, where it is crucial to raise awareness of the implications of online consent to the use and dissemination of personal data, images or other information.
Amendment 41 #
2022/0155(COD)
Proposal for a regulation
Recital 13 b (new)
Recital 13 b (new)
(13 b) In order to minimise the risks of online child content made available by legal guardians being used for ‘grooming’ as ‘new’ child sexual abuse material, media and digital literacy programmes should be put in place to make citizens aware of their responsibility as content disseminators. In this sense, ‘digital literacy’ refers to skills, knowledge and understanding that allows users to gain awareness on the potential risks associated with the child content they generate, produce and share, in the context of the child’s fundamental rights, and the obligations set out in this Regulation and in other Union data related Regulations. Consequently, the Union and its Member States should allocate more investments in education and training to spread digital literacy, and ensure that progress in that regard is closely followed.
Amendment 58 #
2022/0155(COD)
Proposal for a regulation
Recital 57 a (new)
Recital 57 a (new)
(57 a) According to the UN, one of the main factors influencing the increase in child sexual abuse in developing countries is the decline in sex education. Studies have shown that if a child receives good sex education, it can equip them with the necessary tools to identify situations in which they may be sexually abused. Therefore, the education sector and education and awareness programmes play a key role in preventing child sexual abuse.
Amendment 59 #
2022/0155(COD)
Proposal for a regulation
Recital 57 b (new)
Recital 57 b (new)
(57 b) Some studies point to depression and loneliness and a history of physical or psychological harassment as some of the characteristics of Internet-initiated victims of sexual crimes. Other studies distinguish two types of victims: risky victims and vulnerable victims. Vulnerable victims are defined as those with a high need for affection due to feelings of loneliness and low self-esteem. This shows that bullying and cyberbullying problems can lead to some children being prone to physical and online sexual abuse.
Amendment 88 #
2022/0155(COD)
Proposal for a regulation
Recital 76
Recital 76
(76) In the interest of good governance and drawing on the statistics and information gathered and transparency reporting mechanisms provided for in this Regulation, the Commission should carry out an evaluation of this Regulation within fivthree years of the date of its entry into force, and every five years thereafter.
Amendment 90 #
2022/0155(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point k a (new)
Article 2 – paragraph 1 – point k a (new)
(k a) "child sexual abuse" means any actual or threatened physical intrusion, virtual or threatened intrusion of a sexual nature, for the sexual stimulation of the offender or an observer, made towards minors, whether by force or under unequal or coercive conditions;
Amendment 91 #
2022/0155(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point o a (new)
Article 2 – paragraph 1 – point o a (new)
(o a) "online grooming" is the process by which an adult attempts to manipulate via ICT a minor in order to obtain sexual audiovisual material or to engage in some form of face-to-face sexual relationship with that minor;
Amendment 125 #
2022/0155(COD)
Proposal for a regulation
Article 40 – paragraph 2
Article 40 – paragraph 2
2. The EU Centre shall contribute to the achievement of the objective of this Regulation by supporting and facilitating the implementation of its provisions concerning the detection, reporting, removal or disabling of access to, and blocking of online child sexual abuse and gather and share information, good practices and expertise and facilitate cooperation between relevant public and private parties in connection to the prevention and combating of child sexual abuse, in particular online.
Amendment 130 #
2022/0155(COD)
Proposal for a regulation
Article 43 – paragraph 1 – point 6 – point a a (new)
Article 43 – paragraph 1 – point 6 – point a a (new)
(a a) gathering information about awareness and prevention campaigns carried out in the different Member States, as well as good practices carried out by public and private bodies, stakeholders and education systems and centres;
Amendment 134 #
2022/0155(COD)
Proposal for a regulation
Article 43 – paragraph 1 – point 6 – point b a (new)
Article 43 – paragraph 1 – point 6 – point b a (new)
(b a) promoting age-differentiated awareness-raising campaigns in schools and information campaigns for parents, teachers and pupils;
Amendment 136 #
2022/0155(COD)
Proposal for a regulation
Article 43 – paragraph 1 – point 6 – point b b (new)
Article 43 – paragraph 1 – point 6 – point b b (new)
Amendment 144 #
2022/0155(COD)
Proposal for a regulation
Article 50 – paragraph 5 a (new)
Article 50 – paragraph 5 a (new)
5 a. The EU Centre should develop ambitious campaigns tailored for all age ranges, taking into account that they should reach out to young children, adolescents, parents, teachers and society at large. They should also take into account people with disabilities, who may be more vulnerable as they may not have full access to this information.
Amendment 148 #
2022/0155(COD)
Proposal for a regulation
Article 85 – paragraph 1
Article 85 – paragraph 1
1. By [fivthree years after the entry into force of this Regulation], and every five years thereafter, the Commission shall evaluate this Regulation and submit a report on its application to the European Parliament and the Council.
Amendment 149 #
2022/0155(COD)
Proposal for a regulation
Article 85 – paragraph 2
Article 85 – paragraph 2
2. By [fivthree years after the entry into force of this Regulation], and every five years thereafter, the Commission shall ensure that an evaluation in accordance with Commission guidelines of the EU Centre’s performance in relation to its objectives, mandate, tasks and governance and location is carried out. The evaluation shall, in particular, address the possible need to modify the tasks of the EU Centre, and the financial implications of any such modification.
Amendment 144 #
2022/0115(COD)
Draft legislative resolution
Citation 6 a (new)
Citation 6 a (new)
— having regard to the Commission Proposal to Parliament and the Council COM(2022) 134 final/2 on European Union geographical indications for wine, spirit drinks and agricultural products, and quality schemes for agricultural products,
Amendment 145 #
2022/0115(COD)
Draft legislative resolution
Citation 6 b (new)
Citation 6 b (new)
— having regard to the opinion of the European Economic and Social Committee INT/992,
Amendment 146 #
2022/0115(COD)
Draft legislative resolution
Citation 6 c (new)
Citation 6 c (new)
— having regard to the opinion of the European Committee of the Regions, ECON-VII/016, COR/2021-02689-00-00- AC-TRA (EN) 1/10,
Amendment 152 #
2022/0115(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) Several Member States have national regimes for the protection of national geographical indications for craft and industrial products. These regimes differ in terms of protection, administration and fees, and do not offer protection beyond the national territory. Other Member States do not provide for geographical indication protection at national level for such products. That fragmentated and complex landscape of various protection regimes at Member States level may result in increased costs and legal uncertainty for producers and be a disincentive to investment in the traditional crafts in the Union.
Amendment 153 #
2022/0115(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) Unitary protection throughout the Union for the intellectual property rights related to geographical indications can contribute to fight counterfeit articles, to incentives for the production of quality products, the wide availability of such products for consumers and the creation of valuable and sustainable jobs including in rural and less-developed regions which would help counter depopulation trends. In particular in view of the potential of geographical indications to contribute to sustainable and highly skilled jobs in rural and less developed regions, producers should aim at creating a substantial proportion of the value of the product designated by a geographical indication within the defined geographical areain view of responding to societal demands for products resulting from sustainable production in its three dimensions of economic, environmental and social value, and in view of ensuring that consumers receive reliable information and a guarantee of authenticity of such products, producers should aim at entirely creating the product designated by a geographical indication within the defined geographical area. Should this not be possible, only a minor proportion of the value of the product designated by a geographical indication should originate from without the geographical area. This might be the case in particular when raw materials come from another region of the Member State where the geographical area is defined, or from an other EU Member State.
Amendment 155 #
2022/0115(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) Making geographically linked products is often based on local know-how and follows local production methods that are rooted in the cultural and social heritage of the home region of such products. Efficient intellectual property protection has the potential to contribute to increased profitability and attractiveness of the traditional craft professions. Geographical indications play an important role in the Union’s trade and external policy and are collective rights performing public functions. Specific geographical indication protection is acknowledged so as to safeguard and develop cultural heritage both in the agricultural and the craft and industrial areas. Efficient procedures should be established for the registration of Union geographical indications protecting the names of craft and industrial products, which take into account regional and local specificities. The geographical indication system for craft and industrial products should ensure that the production and marketing traditions are maintained and enhanced.
Amendment 158 #
2022/0115(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) To provide for a full coverage of craft and industrial products eligible for GI protection (i.e. those having characteristics, attributes or reputation linked to their geographical origin, place of production or manufacturing), the scope of this Regulation needs to be determined in line with the relevant international framework, namely, the World Trade Organization. Hence, the use of the Combined Nomenclature should be established through direct reference to Annex I to Council Regulation No 2658/8710 . This approach ensures coherence with the scope of the revised GI Regulation for agricultural products, foodstuff, wine and spirits. _________________ 10 Council Regulation (EEC) No 2685/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff Regulation (OJ L 256, 7.9.1987 p.1).
Amendment 165 #
2022/0115(COD)
Proposal for a regulation
Recital 14
Recital 14
(14) To qualify for protection in the Member States, geographical indications should be registered only at Union level. However, with effect from the date of application for such registration at Union level, Member States should be able to grant temporary protection at national level without affecting the internal market of the Union or international trade. The protection afforded by this Regulation upon registration should be equally available to geographical indications of third countries that meet the corresponding criteria and that are protected in their country of origin. The Office should carry out the corresponding procedures for geographical indications originating in third countries.
Amendment 167 #
2022/0115(COD)
Proposal for a regulation
Recital 15
Recital 15
(15) The procedures for examination, opposition, registration, amendments to the product specification and cancellation of the registration in respect of geographical indications originating in the Union under this Regulation should be carried out by the Member States and the Office, and the procedures should respond to the highest transparency requirements. The Member States and the Office should be responsible for distinct stages of the procedures. Member States should be responsible for the first stage, which consists of receiving the application from the applicants, assessing it, running the national opposition procedure, and, following the positive results of the assessment, submitting the Union application to the Office. The Office should be responsible for examining the applications in the second stage of the procedure, running the worldwide opposition procedure and taking a decision on granting or refusing the protection to the geographical indication. The Office should also carry out the corresponding procedures for geographical indications originating in third countries, without prejudice to the direct registration procedure.
Amendment 169 #
2022/0115(COD)
Proposal for a regulation
Recital 16
Recital 16
(16) In order to facilitate the management of GI applications by national authorities of GI applications concerning two or more Member States, it should be possible for two or morehe concerned Member States to: (i) cooperate in the management of the national phase of the procedures, including those procedures for registration, examination, national opposition, submission of the Union application to the Office, amendments to the product specification and cancellation of the registration, and (ii) decide that one of them manages these procedures also on behalf of the other Member State or Member States concerned. In those cases, all the Member States concerned should inform the Commission without delay, providing the necessary information.
Amendment 178 #
2022/0115(COD)
Proposal for a regulation
Recital 22
Recital 22
(22) To avoid fragmentation, and ensure transparency and uniformity across Member States, it is necessary to establish and maintain an electronic Union register of geographical indications for craft and industrial products. The register should be an electronic database stored within an information system, and should be easily accessible to the public. The Union register of geographical indications for craft and industrial products should be developed, kept and maintained by the Office and also the personnel for its operation should be provided by the Office.
Amendment 180 #
2022/0115(COD)
Proposal for a regulation
Recital 23
Recital 23
(23) The Union negotiates international agreements, including those concerning the protection of geographical indications, with its trade partners. Protection of geographical indications for craft and industrial products throughout the Union can also stem from those agreements, irrespective of the international registrations provided under the Geneva Act of the Lisbon Agreement on Appellations of Origin and Geographical Indications or the application and registration system set out in this Regulation. In order to facilitate the provision to the public of information about the geographical indications protected in the Union either by virtue of the international registrations provided under the Geneva Act or by virtue of the international agreements with the Union trade partners, and in particular to ensure protection and control of the use to which those geographical indications are put, those geographical indications should be entered in the Union register of geographical indications for craft and industrial products.
Amendment 184 #
2022/0115(COD)
Proposal for a regulation
Recital 27
Recital 27
(27) It is necessary to establish an Advisory Board, which is a pool of experts, composed of representatives from Member States and the Commission. The purpose of the Advisory Board is to provide the necessary local and value chain knowledge and expertise concerning certain products and knowledge about the local circumstances that may influence the outcome of the procedures laid down in this Regulation. In order to support the Office on its assessment of individual applications at any stage of the examination, opposition, appeal or other procedures with specific technical knowledge, the Geographical Indications Division or the Boards of Appeal, at its own initiative or at the request of the Commission, should have the possibility to consult the Advisory Board. The consultation, when necessary, should also include a general opinion on assessing quality criteria, establishing reputation and renown, determining generic nature of a name, and assessing fair competition in commercial transactions and the risk of confusing consumers. The opinion of the Advisory Board should not be binding. The appointment procedure of the experts and the operation of the Advisory Board should be specified in the rules of procedure of the Advisory Board approved by the Management Board.
Amendment 192 #
2022/0115(COD)
Proposal for a regulation
Recital 36
Recital 36
(36) As it is the first time that an Union- wide geographical indication protection system for craft and industrial product is implemented, it is important tohat, in a coordinated manner, the Member States, the Commission, the Office, and relevant stakeholders raise awareness among consumers, producers, especially MSMEs and public authorities at national, regional and local level about the initiative..
Amendment 211 #
2022/0115(COD)
Proposal for a regulation
Recital 53
Recital 53
(53) Taking into account that a product designated by the geographical indication produced in one Member State might be sold in another Member State, cooperation and administrative assistance between Member States should be ensured to allow effective controls and its practicalities should be laid down.
Amendment 213 #
2022/0115(COD)
Proposal for a regulation
Article 1 a (new)
Article 1 a (new)
Article 1 a Objectives This regulation provides for a unitary and exclusive system of geographical indications, protecting the names of craft and industrial products having quality, characteristics, attributes or reputation linked to their geographical origin, thereby ensuring the following: (a) producers acting collectively have the necessary powers and responsibilities to manage their geographical indication, including to respond to societal demands for products with heritage value and created through sustainable production in its three dimensions of economic, environmental and social value, and to operate in the market; (b) fair competition for producers in the marketing chain; (c) consumers receive reliable information and a guarantee of authenticity of such products and can readily identify them in the marketplace including in electronic commerce; (d) simple and efficient registration of geographical indications, ensuring the appropriate protection of intellectual property rights; (e) effective enforcement and marketing throughout the Union and in electronic commerce, ensuring the integrity of the internal market; and, f) local economic development, which guarantees the protection of know-how and of a common heritage.
Amendment 222 #
2022/0115(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point a
Article 3 – paragraph 1 – point a
(a) ‘craft and industrial products’ means products: (i) produced either totally by hand or with the aid of manual tools or by mechanical means, whenever the direct manual contribution is the most important component of the finished product; or (ii) ‘produced in a standardised way, through the use of machines;
Amendment 227 #
2022/0115(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point b
Article 3 – paragraph 1 – point b
Amendment 234 #
2022/0115(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point d
Article 3 – paragraph 1 – point d
(d) ‘producer group’ means any association, irrespective of its legal form, mainly composed of producers , manufacturers and/or processors working with the same product;
Amendment 240 #
2022/0115(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point e
Article 3 – paragraph 1 – point e
(e) ‘production step’ means any stage of production, manufacturing, processing and/or preparation, up to the point, where the product is in a form to be placed on the internal market;
Amendment 244 #
2022/0115(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point g
Article 3 – paragraph 1 – point g
(g) 'producer' means an operator legal person engaged in any production and/or manufacturing step of a product the name of which is protected as a geographical indication, including processing activities, covered by the product specification;
Amendment 249 #
2022/0115(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point h – point i
Article 3 – paragraph 1 – point h – point i
(i) the names of products which, although relating to the place, region or country where the product was originally produced, manufactured or marketed, have become the common name of a product in the Union, or
Amendment 252 #
2022/0115(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point i
Article 3 – paragraph 1 – point i
(i) ‘product certification body’ means a legal personduly accredited body which certifies that products designated by geographical indications comply with the product specification, whether in performance of a delegated official control task or any other mandate;
Amendment 257 #
2022/0115(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point j
Article 3 – paragraph 1 – point j
(j) (j) ‘self-declaration’ means a documentcomprehensive document with a Union- level harmonised structure, in which a producer, manufacturer, or an authorised representative, indicates on his or her sole responsibility that the product is compliant with the corresponding product specification and that all necessary controls and checks for the proper determination of conformity have been carried out in order to demonstrate the lawful use of the geographical indication to the competent authorities of Member States.
Amendment 260 #
2022/0115(COD)
Proposal for a regulation
Article 4 – paragraph -1 (new)
Article 4 – paragraph -1 (new)
Amendment 274 #
2022/0115(COD)
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
1. Applications for the registration of geographical indications shall only be submitted by a producer group of a product (‘applicant producer group’), the name of which is proposed for registration. R. Upon request from the producer group, regional or local public entities mayare encouraged to help in the preparation of the application and in the related procedure.
Amendment 279 #
2022/0115(COD)
Proposal for a regulation
Article 6 – paragraph 2
Article 6 – paragraph 2
2. An authority designated by a Member State, in particular a regional or local authority, may be deemed to be an applicant producer group for the purposes of this Title, if it is not feasible for the producers concerned to form a group by reason of their number, geographical location or organisational characteristics. Where such representation takes place, the application referred to in Article 11(3) shall state these reasons for such representation.
Amendment 286 #
2022/0115(COD)
Proposal for a regulation
Article 6 – paragraph 3 – point b
Article 6 – paragraph 3 – point b
(b) the geographical area concerned is defined by natural featuresa particular portion of a territory without reference to private property boundaries and has characteristics which differ appreciably from those of neighbouring areas or the characteristics of the product are different from those produced in neighbouring areas.
Amendment 287 #
2022/0115(COD)
Proposal for a regulation
Article 6 – paragraph 3 – point b a (new)
Article 6 – paragraph 3 – point b a (new)
(ba) the use of the geographical indication shall be made available to any new producer(s) able to comply with the specifications;
Amendment 293 #
2022/0115(COD)
Proposal for a regulation
Article 7 – paragraph 1 – introductory part
Article 7 – paragraph 1 – introductory part
1. CIn order for the names of craft and industrial products the names of which aro be registered as a geographical indication, the product concerned shall comply with a product specification, which shall include at least:
Amendment 297 #
2022/0115(COD)
Proposal for a regulation
Article 7 – paragraph 1 – point a a (new)
Article 7 – paragraph 1 – point a a (new)
(aa) the type of product(s) covered by the name;
Amendment 300 #
2022/0115(COD)
Proposal for a regulation
Article 7 – paragraph 1 – point h a (new)
Article 7 – paragraph 1 – point h a (new)
(ha) the name and contact details of the competent authority and/or product certification body verifying compliance with the provisions of the product specification;
Amendment 306 #
2022/0115(COD)
Proposal for a regulation
Article 8 – paragraph 1 – introductory part
Article 8 – paragraph 1 – introductory part
1. The single document, as set out in Annex 2, shall comprise:
Amendment 307 #
2022/0115(COD)
Proposal for a regulation
Article 8 – paragraph 1 – point a – introductory part
Article 8 – paragraph 1 – point a – introductory part
(a) the following main points of the product specification:deleted
Amendment 308 #
2022/0115(COD)
Proposal for a regulation
Article 8 – paragraph 1 – point a – point i
Article 8 – paragraph 1 – point a – point i
(i) the name to be protected as a geographical indication;
Amendment 311 #
2022/0115(COD)
Proposal for a regulation
Article 8 – paragraph 1 – point a – point i a (new)
Article 8 – paragraph 1 – point a – point i a (new)
(ia) the type of product;
Amendment 313 #
2022/0115(COD)
Proposal for a regulation
Article 8 – paragraph 1 – point a – point ii
Article 8 – paragraph 1 – point a – point ii
(ii) a description of the product, including, where appropriate, specific rulesthe raw materials and information concerning the packaging and labelling, and the main stages of the production process;
Amendment 319 #
2022/0115(COD)
Proposal for a regulation
Article 8 – paragraph 1 a (new)
Article 8 – paragraph 1 a (new)
1a. Where the applicant is a micro, small or medium-sized enterprise or a producer group consisting only of micro, small or medium-sized enterprises, the single document shall be prepared, upon their request, by the competent authority of the Member State from where the producer group originates, on the basis of the information provided in accordance with Articles 7 and 9. In the case of cross- border applications, the single document may be prepared by any of the competent authorities concerned. Where a Member State decides to use the direct registration procedure referred to in Article 15, the single document shall be prepared by the Office and the deadline for the examination shall be extended to eight months. The competent authority shall send the single document to the applicant for approval.
Amendment 322 #
2022/0115(COD)
Proposal for a regulation
Article 9 – paragraph 1 – point c
Article 9 – paragraph 1 – point c
Amendment 329 #
2022/0115(COD)
Proposal for a regulation
Article 10 – paragraph 2
Article 10 – paragraph 2
2. Where a Member State charges a fee, the level of the fees shall not exceed the administrative costs incurred for the registration, and be reasonable, foster the competitiveness of the producers of the geographical indications and shall take into account the situationbe set in a way which is proportionate to the means of micro, small and medium- sized enterprises when they apply to them.
Amendment 333 #
2022/0115(COD)
Proposal for a regulation
Article 10 – paragraph 4
Article 10 – paragraph 4
4. By way of derogation to paragraph 3 of this Article, the Office shall charge a fee in the direct registration procedure referred to in Article 15, in the procedure referred to in Article 17(3) and for the appeals before the Boards of Appeal referred to in Article 30. Fees may be charged also for the amendment of the product specification and cancellation if the procedure concerns a name that was registered under Article 15 or Article 17(3). None of those fees shall exceed the costs incurred for the provision of the services in exchange of which they are paid.
Amendment 335 #
2022/0115(COD)
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
1. Without prejudice to paragraph 4 of this Article and Article 15, each Member State shall maintain or designate a competent authority for the management of the national phase of the registration and other procedures related to the registration for geographical indications for craft and industrial products.
Amendment 337 #
2022/0115(COD)
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
The competent authority shall examine the application and shall checkthrough effective and transparent mechanisms, and shall check within six months of the submission of the application that the product complies with the requirements for geographical indications referred to in Article 5 and provides the necessary information for registration referred to in Articles 7, 8 and 9. Where the examination period exceeds or is likely to exceed six months, the competent authority shall inform the applicant of the reasons for the delay in writing.
Amendment 341 #
2022/0115(COD)
Proposal for a regulation
Article 14 – paragraph 2
Article 14 – paragraph 2
2. The competent authority shall ensure that its decision is made public and that any person having a legitimate interest has an opportunity to lodge an appeal. The competent authority shall ensure that the product specification on which its favourable decision is based is published, and shall provide access, including electronic access, to the product specification.
Amendment 348 #
2022/0115(COD)
Proposal for a regulation
Article 15 – paragraph 3
Article 15 – paragraph 3
3. When a Member State makes use of the derogation in accordance with paragraph 1, the concerned application from a producer group of that Member State for registration, cancellation or amendment tof the product specification of a geographical indication originating in the Union shall be addressed directly to the Office. In cases where Article 8(2) applies, the Office shall also prepare the single document on the basis of the information provided in accordance with Articles 7 and 9.
Amendment 355 #
2022/0115(COD)
Proposal for a regulation
Article 15 – paragraph 9
Article 15 – paragraph 9
Amendment 358 #
2022/0115(COD)
Proposal for a regulation
Article 17 – paragraph 1 – introductory part
Article 17 – paragraph 1 – introductory part
1. For geographical indications concerning products originating in the Union, the Union application for registration submitted by a Member State to the Office related to an applicant, shall comprise:
Amendment 361 #
2022/0115(COD)
Proposal for a regulation
Article 17 – paragraph 3 – introductory part
Article 17 – paragraph 3 – introductory part
3. For geographical indications concerning products originating in a third country or countries the application for registration is submitted to the Office, such application for registration shall comprise the following documents in an official language of the EU or translated into one of the official languages of the EU:
Amendment 364 #
2022/0115(COD)
Proposal for a regulation
Article 17 – paragraph 5
Article 17 – paragraph 5
5. The joint application referred to in Article 6(4) shall include, where relevant, the documents listed in paragraphs 1 and 2 of this Article, from the Member States or third countries concerned. The related national procedure for application, the examination and opposition procedure referred to in Articles 11, 12 and 13 shall be carried out in all the Member States and third countries concerned.
Amendment 368 #
2022/0115(COD)
Proposal for a regulation
Article 18 – paragraph 3
Article 18 – paragraph 3
3. Upon submission, the Office shall publish the Union application in the Union register of geographical indications for craft and industrial products in accordance with Regulations (EU) 2018/1725 and (EU) 2016/679.
Amendment 373 #
2022/0115(COD)
Proposal for a regulation
Article 19 – paragraph 6
Article 19 – paragraph 6
6. Where, based on the examination carried out pursuant to paragraph 1, the Office finds that the application is incomplete or incorrect, the Office shall send its observations to the Member State or in case of third country applications, to the relevant producer groupapplicant or competent authority that has submitted the Union application, from where that application originates and request to complete or to correct the application within 60 days. If the Member State, or in case of third country applications, the relevant producer groupapplicant or competent authority, does not complete or correct the application within the deadline, the application shall be considered to be withdrawn, or if not corrected, it shall be rejected pursuant to Article 24(2)rejected and the Office shall inform the applicant that the application will be rejected pursuant to Article 24(2) if not completed or corrected within the following 14 days. The Office shall publish rejected applications in accordance with Regulations (EU) 2018/1725 and (EU) 2016/679.
Amendment 376 #
2022/0115(COD)
Proposal for a regulation
Article 19 – paragraph 7
Article 19 – paragraph 7
7. Where, based on the examination carried out pursuant to paragraph 1, the Office considers that the conditions laid down in this Regulation are fulfilled, within 7 calendar days, it shall publish for the purposes of opposition in the Union register of geographical indications for craft and industrial products the single document and the reference to the product specification on the webpage of the Member State concerned. The single document shall be published in the official languages of the Union.
Amendment 379 #
2022/0115(COD)
Proposal for a regulation
Article 20 – paragraph 2 – introductory part
Article 20 – paragraph 2 – introductory part
2. The Office shall be exempted from the obligation to meet the deadline to perform the examination laid down in Article 19(23) and toshall inform the applicant of the reasons for the delay, where it receives a communication from a Member State, concerning an application for registration in accordance with Article 14(1), which:
Amendment 383 #
2022/0115(COD)
Proposal for a regulation
Article 21 – paragraph 1
Article 21 – paragraph 1
1. Within 3 months from the date of publication of the single document and the reference to the product specification referred to in Article 7 in the Union register of geographical indications for craft and industrial products an opponent may lodge an opposition or notice of comment with the Officewith the Office (‘Union opponent’) as set out in Article 22 of this Regulation. The applicant and the opponent shall be considered a party to the procedure.
Amendment 388 #
2022/0115(COD)
Proposal for a regulation
Article 21 – paragraph 3
Article 21 – paragraph 3
3. The Office shall check the admissibility of the opposition. If the Office considers that the opposition is admissible, it shall, within 630 days after the receipt of that opposition, invite thessue a written invitation to the Union opponent and the applicant to engage in consultations for a reasonable period not exceeding 3 months. At any time during that period, the Office may, at the request of either party, extend the time limit for the consultations by a maximum of 3 months. The Office mayshall offer mediation for the consultations between the applicant and the Union opponent pursuant to Article 170 of Regulation (EU) 2017(1001).
Amendment 392 #
2022/0115(COD)
Proposal for a regulation
Article 21 – paragraph 7
Article 21 – paragraph 7
7. Where, following the end of the consultations, the data published in accordance with Article 19(67) have been modified, the Office shall carry out a new examination of the modified application. Where the application for registration has been modified in a substantial manner, and the Office considers that the modified application meets the conditions for registration, within 7 calendar days, it shall publish the modified application in accordance with that paragraph.
Amendment 406 #
2022/0115(COD)
Proposal for a regulation
Article 23 – paragraph 2
Article 23 – paragraph 2
Amendment 411 #
2022/0115(COD)
Proposal for a regulation
Article 23 – paragraph 4
Article 23 – paragraph 4
4. When using a designation referred to in paragraph 1, for the purpose of transitional period, the indication of the country of origin shall clearly and visibly appear on the labelling.
Amendment 412 #
2022/0115(COD)
Proposal for a regulation
Article 23 – paragraph 5
Article 23 – paragraph 5
5. To overcome temporary difficulties with the long-term objective of ensuring that all producers of a product designated under a geographical indication in the area concerned comply with the related product specification, a Member State may grant a transitional period for compliance, of up to 105 years, with effect from the date on which the application is lodgregistered with the Office, provided that the operators concerned have legally marketed the products in question, using the names concerned continuously for at least 5 years preceding the lodging of the application to the authorities of that Member State and have referred to that fact in the national opposition procedure referred to in Article 13.
Amendment 417 #
2022/0115(COD)
Proposal for a regulation
Article 24 – paragraph 2
Article 24 – paragraph 2
2. Where, on the basis of the information available to the Office from the examination carried out pursuant to Article 19, the Office considers that any of the requirements referred to in that Article is not fulfilled, it shall adopt a decision rejecting the application for registration. Within 7 calendar days, the Office shall publish the rejection of the application in accordance with Regulations (EU) 2018/1725 and (EU) 2016/679.
Amendment 420 #
2022/0115(COD)
Proposal for a regulation
Article 24 – paragraph 7
Article 24 – paragraph 7
7. Decisions adopted by the Office shall be published in the Union register of geographical indications for craft and industrial products in all the official languages of the Union. The reference to the name of the product, class of thetype of product, indications of the country or countries of origin and the reference to the decision published in the Union register of geographical indications for craft and industrial products shall be published in the Official Journal of the European Union.
Amendment 422 #
2022/0115(COD)
Proposal for a regulation
Article 25 – paragraph 1
Article 25 – paragraph 1
1. Concerning applications for registration referred to in Articles 15 and 17, the Commission may take over from the Office, at any time before the end of the procedure, on its own initiative, on the initiative of a Member State or the Office, the power to decide on the application for registration of the proposed geographical indication where such decision may jeopardise the public interest or the Union’s trade or external relationsshall decide on the application for registration of the proposed geographical indication. The Office shall submit a proposal to the Commission for a decision pursuant to Article 24(2) to 24(6). The Commission shall adopt the final act on the application for registration. This paragraph shall apply mutatis mutandis to the cancellation and the amendment of the product specification.
Amendment 423 #
2022/0115(COD)
Proposal for a regulation
Article 25 – paragraph 3
Article 25 – paragraph 3
3. The Office shall ensure that the Commission has access to the documents concerning the applications for registration, any amendment of the product specification and cancellation through the digital system referred to in Article 18(1) and Article 26(1) in accordance with Regulations (EU) 2018/1725 and (EU) 2016/679.
Amendment 424 #
2022/0115(COD)
Proposal for a regulation
Article 26 – paragraph 1
Article 26 – paragraph 1
1. A publicly and easily accessible electronic Union register of geographical indications for craft and industrial products shall be developed, kept and maintained by the Office for the management of geographical indications for craft and industrial products. Such electronic Union register will comply with Regulations (EU) 2018/1725 and (EU) 2016/679.
Amendment 428 #
2022/0115(COD)
Proposal for a regulation
Article 26 – paragraph 3 – point b
Article 26 – paragraph 3 – point b
(b) the class of thetype of product;
Amendment 431 #
2022/0115(COD)
Proposal for a regulation
Article 26 – paragraph 3 – point c
Article 26 – paragraph 3 – point c
(c) the reference to the legal instrument registering the name;
Amendment 436 #
2022/0115(COD)
Proposal for a regulation
Article 26 – paragraph 7
Article 26 – paragraph 7
7. The Office shall retain documentation related to the registration of a geographical indication in digital or paper form for the period of validity of the geographical indication, andincluding in case of cancellation and refusal, for 10 years thereafter.
Amendment 439 #
2022/0115(COD)
Proposal for a regulation
Article 27 – paragraph 1
Article 27 – paragraph 1
1. The Office shall ensure that any person is able to easily download an official extract from the Union register of geographical indications for craft and industrial products that provides proof of registration or rejection of the geographical indication, and other relevant data including the date of application for the registration of the geographical indication or other priority date. The official extract may be used as an authentic certificate in legal proceedings, in a court of law, in a court of arbitration or similar body.
Amendment 442 #
2022/0115(COD)
Proposal for a regulation
Article 27 – paragraph 2
Article 27 – paragraph 2
2. The applicant producer group or where Article 6(2) or 6(3) applies, the authority designated by a Member State or the single producer shall be identified as the holder of the registration in the Union register of geographical indications for craft and industrial products in the Union register and in the official extract referred to in paragraph (1) of this Article.
Amendment 443 #
2022/0115(COD)
Proposal for a regulation
Article 28 – paragraph 1
Article 28 – paragraph 1
1. A producer group, a producer or an authority designated by a Member State having a legitimate interest may apply for the approval of an amendment to the product specification of a registered geographical indication.
Amendment 447 #
2022/0115(COD)
Proposal for a regulation
Article 28 – paragraph 5 a (new)
Article 28 – paragraph 5 a (new)
5 a. A standard amendment shall be considered as a temporary amendment when it concerns a temporary change in the product specification resulting from the imposition of obligatory sanitary measures by the public authorities, or a natural disaster or a geopolitical event the consequences of such are formally recognised by the competent authorities.
Amendment 449 #
2022/0115(COD)
Proposal for a regulation
Article 28 – paragraph 8
Article 28 – paragraph 8
8. Standard amendments shall be approved by Member States or third countries in whose territory the geographical area of the product concerned is located. Such amendments shall be communicated to the Office. Where Article 25 applies, the Office shall approve the standard amendments. The Office shall make the those amendments public in the Union register of geographical indications for craft and industrial products, within 7 calendar days after their approval.
Amendment 452 #
2022/0115(COD)
Proposal for a regulation
Article 29 – paragraph 1 – introductory part
Article 29 – paragraph 1 – introductory part
1. The Office may, own its own initiative or on a duly substantiated request by a producer group, a Member State, a third country or any natural or legal person having a legitimate interest, decide to cancel the registration of a geographical indication in the following cases:
Amendment 455 #
2022/0115(COD)
Proposal for a regulation
Article 29 – paragraph 2
Article 29 – paragraph 2
2. The Office may, at the request of an authority designated by a Member State, the producer group or producer of the product marketed under the registered name, decide to cancel the corresponding registration.
Amendment 459 #
2022/0115(COD)
Proposal for a regulation
Article 30 – paragraph 1
Article 30 – paragraph 1
1. Any party to a procedure regulated in this Regulation that is adversely affected by the decision taken by the OfficeCommission in that procedure may lodge an appeal to the Boards of Appeal referred to in Article 34 against the decision. The appealed decisions of the OfficeCommission shall take effect only as from the date of expiration of the appeal period referred to in paragraph 3. The filing of the appeal shall have suspensive effect. Member States shall also have the right to join the procedure.
Amendment 461 #
2022/0115(COD)
Proposal for a regulation
Article 30 – paragraph 5
Article 30 – paragraph 5
5. Following an examination of admissibility of the appeal, the Boards of Appeal shall decidepropose a decision on the appeal. The Boards of Appeal shall either exercise any power within the competence of the geographical indications division which was responsible for the decision appealed or remit the case to that geographical indication division for further prosecution. The Boards of Appeal may, on its own initiative or upon the written, reasoned request of a party, consult the Advisory Board as referred to in Article 33. The Office may offer mediation services pursuant to Article 170 of Regulation (EU) 2017/1001, with a view of assisting the parties reach an amicable settlement.
Amendment 462 #
2022/0115(COD)
Proposal for a regulation
Article 30 – paragraph 6
Article 30 – paragraph 6
6. Actions may be brought before the General Court against decisions of the Boards of AppealCommission in relation to appeals, within two months of the date of publication of the decision of the Boards of Appeal, on grounds of infringement of an essential procedural requirement, infringement of the TFEU, infringement of this Regulation or of any rule of law relating to their application or misuse of power. The action shall be open to any party to proceedings before the Boards of Appeal adversely affected by itsthe Commission decision and to any Member State. The General Court shall have jurisdiction to annul or to alter the contested decision.
Amendment 463 #
2022/0115(COD)
Proposal for a regulation
Article 30 – paragraph 7
Article 30 – paragraph 7
7. The decisions of the BoardsCommission shall be taken within 6 months after the filing of the notice of Aappeal, and shall take effect only as from the date of expiry of the appeal period or, if an action has been brought before the General Court within that period, as from the date of dismissal of such action or of any appeal filed with the Court of Justice against the decision of the General Court.
Amendment 465 #
2022/0115(COD)
Proposal for a regulation
Article 31 – paragraph 1
Article 31 – paragraph 1
1. For domain names registered under a country-code top-level domain name, administered or managed by a registry established in the Union, the Office shall provide a domain name information and alert system. Upon submission of an application for aregistration of the geographical indication, the information and alert system shall inform applicants forand right holders of a geographical indication about the availability of their geographical indication as a domain name, and on an optional basis once a domain name containing an identical or similar name with their geographical indication is registered (domain name alerts).
Amendment 466 #
2022/0115(COD)
Proposal for a regulation
Article 32 – paragraph 1 – introductory part
Article 32 – paragraph 1 – introductory part
1. A Geographical Indications Division, as a department of the Office, shall be responsible for takingsubmitting proposals to the Commission for decisions on behalf of the Office in relation to:
Amendment 467 #
2022/0115(COD)
Proposal for a regulation
Article 32 – paragraph 2
Article 32 – paragraph 2
2. Opposition and cancellation decision proposals shall be taken by a panel of at least three members. At least one member shall be legally qualified. All other decisions of paragraph 1 shall be taken by a single member and at least one member shall be technically qualified.
Amendment 475 #
2022/0115(COD)
Proposal for a regulation
Article 33 – paragraph 5
Article 33 – paragraph 5
5. The Advisory Board shall be composed of one representative of each Member State and, one representatives of the Commission and, their respective alternates. and experts in the field of geographical indications and the product category concerned, including from academia.
Amendment 479 #
2022/0115(COD)
Proposal for a regulation
Article 33 – paragraph 9
Article 33 – paragraph 9
9. The mandates of members of the Advisory Board shall be up to 5 years. Those mandates may be renewable once.
Amendment 480 #
2022/0115(COD)
Proposal for a regulation
Article 34 – paragraph 1
Article 34 – paragraph 1
In addition to the powers conferred upon it by Article 165 of Regulation (EU) 2017/1001, the Boards of Appeal instituted by that Regulation shall be responsible for decidingsubmitting a proposal to the Commission for a decision on appeals from decisions of the Geographical Indications Division as regards their decisions concerning geographical indications subject to Article 28 of this Regulation.
Amendment 481 #
2022/0115(COD)
Proposal for a regulation
Article 35 – paragraph 1 – introductory part
Article 35 – paragraph 1 – introductory part
1. Geographical indications entered in the Union register of geographical indications for craft and industrial products, including where those products are parts or components in manufactured products, as well as geographical indications protected by international agreements in the Union, shall be protected against:
Amendment 485 #
2022/0115(COD)
Proposal for a regulation
Article 35 – paragraph 1 – point b
Article 35 – paragraph 1 – point b
(b) any misuse, imitation or evocation, even if the true origin of the products or services is indicated or if the protected geographical indication is translated, transcripted, transliterated or accompanied by an expression such as ‘style’, ‘type’, ‘method’, ‘as produced in’, ‘imitation’, ‘flavour’'fragrance', ‘like’ or similar;
Amendment 489 #
2022/0115(COD)
Proposal for a regulation
Article 35 – paragraph 1 – point c
Article 35 – paragraph 1 – point c
(c) any other false or misleading indication as to the provenance, origin, nature or essential qualities of the product that is used on the inner or outer packaging, advertising material, documents or information provided on websites relating to the products or on domain names, and the packing of the products in a container liable to convey a false impression as to their origin;
Amendment 494 #
2022/0115(COD)
Proposal for a regulation
Article 35 – paragraph 5
Article 35 – paragraph 5
5. The producer group, the holder of the registration, or any producer that is entitled to use the protected geographical indication shall be entitled to prevent all third parties from bringing goods, in the course of trade, into the Union without being released for free circulation there, where such goods, including packaging, come from third countries and are contrary to paragraph 1.
Amendment 508 #
2022/0115(COD)
Proposal for a regulation
Article 40 – paragraph 1
Article 40 – paragraph 1
1. Member States and, where applicable, the Office shall verify that the producer group operates in a transparent and democratic manner and that all producers of the product designated by the geographical indication enjoy right of membership in the group. Member States may provide that public officials, and other stakeholders such as consumer groups, retailers and suppliers, also participate in the work of the producer group.
Amendment 532 #
2022/0115(COD)
Proposal for a regulation
Article 44 – paragraph 5
Article 44 – paragraph 5
Amendment 536 #
2022/0115(COD)
Proposal for a regulation
Article 44 – paragraph 7
Article 44 – paragraph 7
Amendment 545 #
2022/0115(COD)
Proposal for a regulation
Article 45 – paragraph 2
Article 45 – paragraph 2
2. Competent authorities referred to in paragraph 1 shall be transparent, objective and impartial, and shall have at their disposal the qualified staff and resources necessary to carry out their functions.
Amendment 550 #
2022/0115(COD)
Proposal for a regulation
Article 46 – paragraph 6 a (new)
Article 46 – paragraph 6 a (new)
6 a. Member States shall draw up and keep up to date a list of producers of products designated by a geographical indication entered in the Union register originating in their territory.
Amendment 557 #
2022/0115(COD)
Proposal for a regulation
Article 48 – paragraph 5
Article 48 – paragraph 5
5. Member States may collect fees or charges to cover the costs of official controls in the marketpla in the event of repeated infringements by a producer. Such fees shall not exceed the costs incurred for performing the control on a given producer.
Amendment 565 #
2022/0115(COD)
Proposal for a regulation
Article 49 – paragraph 3
Article 49 – paragraph 3
3. Where self-declarations are used competent authorities shall carry out random controls. In the event of breaches, Member States shall take all necessary measures to remedy the situation, including penalties.
Amendment 568 #
2022/0115(COD)
Proposal for a regulation
Article 50 – paragraph 1
Article 50 – paragraph 1
1. Competent authorities may delegate official control tasks to one or more product certification bodies including natural persons. The competent authority shall ensure that the delegated product certification body or natural person, to which such tasks have been delegated, have the knowledge, the expertise, the infrastructure, and the powers needed to effectively perform these tasks.
Amendment 572 #
2022/0115(COD)
Proposal for a regulation
Article 50 – paragraph 2 – point b – point iii
Article 50 – paragraph 2 – point b – point iii
(iii) is to be transparent, impartial and free from any conflict of interest and in particular is not to be in a situation which may, directly or indirectly, affect the impartiality of its professional conduct as regards the performance of those official control tasks delegated to it; and
Amendment 576 #
2022/0115(COD)
Proposal for a regulation
Article 50 – paragraph 2 – point c – point iii
Article 50 – paragraph 2 – point c – point iii
(iii) are to act impartially, in a transparent manner, and are to be free from any conflict of interest as regards the exercise of those official control tasks delegated to them; and
Amendment 62 #
2022/0089(COD)
Proposal for a regulation
Recital 35
Recital 35
(35) Enforcement of geographical indications in the marketplace is important to prevent fraudulent and deceptive practices thus ensuring that producers are properly rewarded for the added value of their products bearing a geographical indication and that illegal users of those geographical indications are prevented from selling their products. Controls should be carried out based on risk assessment or notifications from operators, and appropriate administrative and judicial steps should be taken to prevent or stop the use of names on products or services that contravene the protected geographical indications.
Amendment 73 #
2022/0089(COD)
Proposal for a regulation
Recital 39
Recital 39
(39) The procedures for registration, amendment and cancellation of geographical indications, including the scrutiny and the opposition procedure, should be free of charge and carried out in the most efficient and transparent way. This can be achieved by using the assistance for the scrutiny of the applications provided by the European Union Intellectual Property Office (EUIPO). While a partial outsourcing to EUIPO has been considered, tThe Commission wshould remain responsible for registration, amendment and cancellation, due to a strong relation with the Common Agricultural Policy and to the expertise needed to ensure that specificities of wine, spirit drinks and agricultural products are adequately assessed.
Amendment 75 #
2022/0089(COD)
Proposal for a regulation
Recital 39 a (new)
Recital 39 a (new)
(39 a) In order to provide administrative support to the European Commission, the EUIPO should assist it with scrutinising the application for registration, with the publication of the single document in the Union register, after its verification by the Commission, with assisting the Commission in the opposition procedure. Similarly to its role in protecting domain names in trade marks, the EUIPO should establish and manage an alert system that provides information about the availability of a geographical indication as a domain name. The EUIPO should assist the Commission with performing the technical scrutiny of the Union amendments, with carrying out the technical scrutiny of third-country geographical indications and the EUIPO should make updates to the list of international agreement protecting them.
Amendment 88 #
2022/0089(COD)
Proposal for a regulation
Recital 56
Recital 56
(56) In order to supplement or amend certain non-essential elements of this Regulation, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of defining sustainability standards and laying down criteria for the recognition of existing sustainability standards; clarifying or adding items to be supplied as part of accompanying information; entrusting the EUIPO with the tasks related to scrutiny for opposition and the opposition procedure, operation of the register, publication of standard amendments to a product specification, consultation in the context of cancellation procedure, establishment and management of an alert system informing applicants about the availability of their geographical indication as a domain name, scrutiny of third country geographical indications other than geographical indications under the Geneva Act of the Lisbon Agreement on Appellations of Origin and Geographical Indications34 , proposed for protection pursuant to international negotiations or international agreements;clarifying or adding items to be supplied as part of accompanying information; entrusting the EUIPO with the operation of the register, establishment and management of an alert system informing applicants about the availability of their geographical indication as a domain name, establishing appropriate criteria for monitoring performance of the EUIPO in the execution of the tasks entrusted to it; laying down additional rules on the use of geographical indications to identify ingredients in processed products; laying down additional rules for determining the generic status of terms; establishing the restrictions and derogations with regard to the sourcing of feed in the case of a designation of origin; establishing restrictions and derogations with regard to the slaughtering of live animals or with regard to the sourcing of raw materials; laying down rules for determining the use of the denomination of a plant variety or of an animal breed; laying down rules which limit the information contained in the product specification for geographical indications and traditional specialities guaranteed; laying down further details of the eligibility criteria for traditional specialities guaranteed; laying down additional rules to provide for appropriate certification and accreditation procedures to apply in respect of product certification bodies; laying down additional rules to further detail protection of traditional specialities guaranteed; laying down for traditional specialities guaranteed additional rules for determining the generic status of terms, conditions for use of plant variety and animal breed denominations, and relation to intellectual property rights; defining additional rules for joint applications concerning more than one national territory and complementing the rules of the application process for traditional specialities guaranteed guaranteed; complementing the rules for the opposition procedure for traditional specialities guaranteed to establish detailed procedures and deadlines; supplementing the rules regarding the amendment application process for traditional specialities guaranteed; supplementing the rules regarding the cancellation process for traditional specialities guaranteed; laying down detailed rules relating to the criteria for optional quality terms; reserving an additional optional quality term, laying down its conditions of use; laying down derogations to the use of the term ‘mountain product’ and establishing the methods of production, and other criteria relevant for the application of that optional quality term, in particular, laying down the conditions under which raw materials or feedstuffs are permitted to come from outside the mountain areas. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making35 . 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. _________________ 34 https://www.wipo.int/publications/en/detail s.jsp?id=3983 35 OJ L 123, 12.5.2016, p. 1.
Amendment 101 #
2022/0089(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point d
Article 4 – paragraph 1 – point d
(d) simple and efficient registration of geographical indications taking into account the uniform, appropriate and effective protection of intellectual property rights in the internal market, including the Union digital market; and
Amendment 104 #
2022/0089(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point e
Article 4 – paragraph 1 – point e
(e) effective enforcement and marketing throughout the Union, in the domain name system and in electronic commerce ensuring the integrity of the internal market.
Amendment 136 #
2022/0089(COD)
Proposal for a regulation
Article 17 – paragraph 1
Article 17 – paragraph 1
1. The Commission shall scrutinise any application for registration that it receives pursuant to Article 16(1). Such scrutiny may rely on the assistance of the EUIPO and shall consist of a check that there are no manifest errors, that the information provided in accordance with Article 15 is complete and that the single document referred to in Article 13 is precise and technical in nature. It shall take into account the outcome of the national procedure carried out by the Member State concerned. It shall focus in particular on the single document referred to in Article 13.
Amendment 138 #
2022/0089(COD)
Proposal for a regulation
Article 17 – paragraph 2
Article 17 – paragraph 2
2. Scrutiny shouldall not exceed a period of 65 months. In duly justified cases, the scrutiny period may be extended by a maximum of 3 months. In the event that the scrutiny period exceis extendeds or is likely to exceed 6 monthsbe extended the Commission shall inform the applicant of the reasons for the delay in writing.
Amendment 143 #
2022/0089(COD)
Proposal for a regulation
Article 17 – paragraph 4
Article 17 – paragraph 4
4. Where, based on the scrutiny carried out pursuant to paragraph 1, the Commission considers that the conditions laid down in this Regulation and in Regulations (EU) No 1308/2013 and (EU) 2019/787, as appropriate, are fulfilled, it shall publish within 7 days in the Official Journal of the European Union the single document and the reference to the publication of the product specification.
Amendment 151 #
2022/0089(COD)
Proposal for a regulation
Article 17 – paragraph 5
Article 17 – paragraph 5
Amendment 158 #
2022/0089(COD)
Proposal for a regulation
Article 18 – paragraph 2 – introductory part
Article 18 – paragraph 2 – introductory part
2. The Commission shall be exempted from the obligation to meet the deadline to perform the scrutiny referred to in Article 17(2) and toshall inform the applicant of the reasons for the delay, where it receives a communication from a Member State, concerning an application for registration in accordance with Article 9(6), which:
Amendment 171 #
2022/0089(COD)
Proposal for a regulation
Article 19 – paragraph 4
Article 19 – paragraph 4
4. The Commission shall check the admissibility of the opposition. If the Commission considers that the opposition is admissible, it shall, within 5 months from the date of publication in the Official Journal of the European Union inviteand within 30 days after the receipt of that opposition, issue a written invitation to the authority or the person that lodged the opposition and the authority or the applicant producer group that lodged the application to engage in appropriate consultations for a reasonable period that shall not exceed 3 months. At any time during that period, the Commission may, at the request of the authority or the applicant producer group, extend the deadline for the consultations by a maximum of 3 months.
Amendment 176 #
2022/0089(COD)
Proposal for a regulation
Article 19 – paragraph 7
Article 19 – paragraph 7
7. Where, following the end of the consultations referred to in paragraph (4), the data published in accordance with Article 17(4) have been modified, the Commission shall repeat its scrutiny of the application for registration as modified. Where the application for registration has been modified in a substantial manner, and the Commission considers that the modified application meets the conditions for registration, it shall publish the application once more, within 7 calendar days, in accordance with that paragraph.
Amendment 186 #
2022/0089(COD)
Proposal for a regulation
Article 19 – paragraph 10
Article 19 – paragraph 10
10. The Commission shall be empowered to adopt delegated acts, in accordance with Article 84 supplementing this Regulation by detailed procedures and deadlines for the opposition procedure, for the official submission of comments by national authorities and persons with a legitimate interest, which will not trigger the opposition procedure and by rules on entrusting its tasks set out in this Article to EUIPO.
Amendment 195 #
2022/0089(COD)
Proposal for a regulation
Article 20 a (new)
Article 20 a (new)
Article 20 a Notice of comment procedure 1. In order to correct inaccuracies in an ongoing registration procedure for a geographical indication, a competent authority of a Member State or of a third country, or a natural or legal person having a legitimate interest and established or resident in a third country or in another Member State may lodge a notice of comment with the Commission within three months of the date of publication of the single document and the product specification reference in the Union register. 2. The notice of comment referred to in paragraph 1 of this Article shall not be based on the grounds for opposition referred to in Article 19. The competent authority or person that lodges a notice of comment shall not be considered to be a party to the procedure. 3. The Commission shall share the notice of comment with the applicant and shall take the notice of comment into consideration when deciding on the application of the registration, unless it is unclear or obviously incorrect. 4. In order to facilitate the management of the notice of comment procedure, the Commission may adopt implementing acts laying down rules on the submission of such notice of comments and specifying their format and online presentation. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 53(2).
Amendment 197 #
2022/0089(COD)
Proposal for a regulation
Article 21 – paragraph 3
Article 21 – paragraph 3
Amendment 199 #
2022/0089(COD)
Proposal for a regulation
Article 21 – paragraph 5
Article 21 – paragraph 5
5. When using a designation referred to in paragraphs 1 and 3, for the purpose of the transitional period, the indication of the country of origin shall clearly and visibly appear on the labelling.
Amendment 200 #
2022/0089(COD)
Proposal for a regulation
Article 21 – paragraph 6
Article 21 – paragraph 6
6. To overcome temporary difficulties with the long-term objective of ensuring that all producers of a product designated under a geographical indication in the area concerned comply with the related product specification, a Member State may grant a transitional period for compliance, of up to 105 years, with effect from the date on which the application is lodgregistered with the Commission, provided that the operators concerned have legally marketed the products in question, using the names concerned continuously for at least 5 years preceding the lodging of the application to the authorities of that Member State and have referred to that fact in the national opposition procedure referred to in Article 9(4).
Amendment 208 #
2022/0089(COD)
Proposal for a regulation
Article 23 – paragraph 1
Article 23 – paragraph 1
1. The Commission shall adopt implementing acts, without applying the procedure referred to in Article 53(2), containing provisions on establishing and maintaining a publicly and easily accessible electronic register of geographical indications protected under this Regulation (the ‘Union register of geographical indications’). The register shall have three parts corresponding to geographical indications of wine, of spirit drinks and of agricultural products respectively. The register will comply with Regulations (EU) 2018/1725 and (EU) 2016/679.
Amendment 215 #
2022/0089(COD)
Proposal for a regulation
Article 23 – paragraph 6
Article 23 – paragraph 6
6. The Commission shall retain documentation related to the registration of a geographical indication in digital or paper form for the period of validity of the geographical indication, andincluding in case of cancellation and rejection, for 10 years thereafter.
Amendment 219 #
2022/0089(COD)
Proposal for a regulation
Article 23 – paragraph 7
Article 23 – paragraph 7
Amendment 224 #
2022/0089(COD)
Proposal for a regulation
Article 24 – paragraph 1
Article 24 – paragraph 1
1. Any person shall be able to easily download an official extract from the Union register of geographical indications that provides proof of registration or rejection of the geographical indication, and other relevant data including the date of application for the registration of the geographical indication or other priority date. This official extract may be used as an authentic certificate in legal proceedings, in a court of law, court of arbitration or similar body.
Amendment 231 #
2022/0089(COD)
Proposal for a regulation
Article 25 – paragraph 1
Article 25 – paragraph 1
1. A recognised producer group having a legitimate interest may apply for the approval of an amendment to the product specification of a registered geographical indication.
Amendment 235 #
2022/0089(COD)
Proposal for a regulation
Article 25 – paragraph 1 a (new)
Article 25 – paragraph 1 a (new)
1 a. Where a recognised producer group does not exist, a producer group having a legitimate interest may apply for the approval of an amendment to the product specification of a registered geographical indication.
Amendment 243 #
2022/0089(COD)
Proposal for a regulation
Article 25 – paragraph 5
Article 25 – paragraph 5
5. A standtemporardy amendment shall be considered as a temporstandaryd amendment when it concerns a temporary change in the product specification resulting from the imposition of obligatory sanitary and phytosanitary measures by the public authorities or a temporary amendment necessary because of the consequences of a natural disaster or adverse weather conditions or exceptional geopolitical events formally recognised by the competent authorities.
Amendment 252 #
2022/0089(COD)
Proposal for a regulation
Article 25 – paragraph 8
Article 25 – paragraph 8
8. If an application for a Union amendment to the product specification of a registered geographical indication also includes standard amendments or temporary amendments, the Commission shall scrutinise the Union amendment only. Any standard amendments or temporary amendments shall be deemed as not having been submitted. The scrutiny of such applications shall focus on the proposed Union amendments. Where appropriate, the Commission or the Member State concerned may invite the applicant to modify other elements of the product specifications.
Amendment 255 #
2022/0089(COD)
Proposal for a regulation
Article 25 – paragraph 9
Article 25 – paragraph 9
9. Standard amendments shall be scrutinised and approved by Member States or third countries in whose territory the geographical area of the product concerned is located and communicated to the Commission. The Commission shall make those amendments public by publishing them in the Official Journal of the European Union, L series, within 7 calendar days after their approval.
Amendment 267 #
2022/0089(COD)
Proposal for a regulation
Article 25 – paragraph 10 a (new)
Article 25 – paragraph 10 a (new)
10 a. The Commission may be assisted by the EUIPO to perform the technical scrutiny of the Union amendments and prepare the observations, which shall be verified and sent to the applicants by the Commission.
Amendment 270 #
2022/0089(COD)
Proposal for a regulation
Article 26 – paragraph 1 – point b
Article 26 – paragraph 1 – point b
(b) where no product has been placed on the market under the geographical indication for at least sefiven consecutive years.
Amendment 284 #
2022/0089(COD)
Proposal for a regulation
Article 26 – paragraph 6
Article 26 – paragraph 6
Amendment 289 #
2022/0089(COD)
Proposal for a regulation
Article 27 – paragraph 1 – point a
Article 27 – paragraph 1 – point a
(a) any direct or indirect commercial use of the geographical indication in respect of products not covered by the registration, where those products are comparable to the products registered under that name or where use of a name exploits, weakens, dilutes, or is detrimental to the reputation of, the protected name; including where those products are used as ingredients;
Amendment 292 #
2022/0089(COD)
Proposal for a regulation
Article 27 – paragraph 1 – point b
Article 27 – paragraph 1 – point b
(b) any misuse, imitation or evocation, even if the true origin of the products or services is indicated or if the protected name is translated, transcribed, transliterated or accompanied by an expression such as ‘style’, ‘type’, ‘method’, ‘as produced in’, ‘imitation’, ‘flavour’, ‘like’ or similar., including where those products are used as ingredients;
Amendment 295 #
2022/0089(COD)
Proposal for a regulation
Article 27 – paragraph 1 – point c
Article 27 – paragraph 1 – point c
(c) any other false or misleading indication as to the provenance, origin, nature or essential qualities of the product that is used on the inner or outer packaging, advertising material, documents or information provided on websites or on domain names relating to the product concerned, and the packing of the product in a container liable to convey a false impression as to its origin;
Amendment 297 #
2022/0089(COD)
Proposal for a regulation
Article 27 – paragraph 2
Article 27 – paragraph 2
Amendment 303 #
2022/0089(COD)
Proposal for a regulation
Article 27 – paragraph 4 – point a
Article 27 – paragraph 4 – point a
(a) goods entering the customs territory of the Union without being released for free circulation within that territory; and
Amendment 305 #
2022/0089(COD)
Proposal for a regulation
Article 27 – paragraph 4 – point a a (new)
Article 27 – paragraph 4 – point a a (new)
(a a) goods produced in the Union and destined to be exported and marketed in third countries; and
Amendment 307 #
2022/0089(COD)
Proposal for a regulation
Article 27 – paragraph 4 a (new)
Article 27 – paragraph 4 a (new)
Amendment 310 #
2022/0089(COD)
Proposal for a regulation
Article 27 – paragraph 5
Article 27 – paragraph 5
5. The recognised group of producers or any operator that is entitled to use the protected designation of origin or protected geographical indication shall be entitled to prevent all third parties from bringing goods, in the course of trade, into the Union without being released for free circulation there, where such goods, including packaging, come from third countries and are in breach of paragraph (1).
Amendment 312 #
2022/0089(COD)
Proposal for a regulation
Article 27 – paragraph 7
Article 27 – paragraph 7
Amendment 313 #
2022/0089(COD)
Proposal for a regulation
Article 27 – paragraph 7 a (new)
Article 27 – paragraph 7 a (new)
7 a. Each Member State shall take appropriate administrative and judicial steps to prevent or stop the unlawful use of protected designations of origin and protected geographical indications, as provided for in paragraph 1, that are produced or marketed in that Member State. To that end, Member States shall designate the authorities that are responsible for taking those steps in accordance with procedures determined by each individual Member State. Those authorities shall provide adequate guarantees of transparency, objectivity and impartiality, and shall have at their disposal the qualified staff and resources necessary to carry out their functions.
Amendment 348 #
2022/0089(COD)
Proposal for a regulation
Article 34 – paragraph 1
Article 34 – paragraph 1
1. Country-code tTop-level domain name registries establishedoperating in the Union may,shall, ex-officio or upon the request of a natural or legal person having a legitimate interest or rights, revoke or transfer a domain name registered under such country-code top- level domain to the recognised producer group of the products with the geographical indication concerned, following an appropriate alternative dispute resolution procedure or judicial procedure, if such domain name has been registered by its holder without rights or legitimate interest in the geographical indication or if it has been registered or is being used in bad faith and its use contravenes Article 27.
Amendment 349 #
2022/0089(COD)
Proposal for a regulation
Article 34 – paragraph 2
Article 34 – paragraph 2
2. Country-code tTop-level domain name registries establishedoperating in the Union shall ensure that any alternative dispute resolution procedure established to solve disputes relating to the registration of domain names referred to in paragraph (1), shall recognise geographical indications as rights that may prevent a domain name from being registered or used in bad faith.
Amendment 350 #
2022/0089(COD)
Proposal for a regulation
Article 34 – paragraph 2 a (new)
Article 34 – paragraph 2 a (new)
2 a. Paragraphs 1 and 2 of this Article shall apply to core platform services provided or offered by registries to business users established in the Union or to end-users established or located in the Union, irrespective of the place of establishment or residence of the registries and irrespective of the law otherwise applicable to the provision or offer of services, in accordance with Article 1 of Regulation (EU) 2022/ ...[DMA].
Amendment 354 #
2022/0089(COD)
Proposal for a regulation
Article 34 – paragraph 3
Article 34 – paragraph 3
3. The Commission shall be empowered to adopt delegated acts in accordance with Article 84 supplementing this Regulation by provisions entrusting EUIPO to establish and manage a domain name information and alert system that would provide the applicant, upon the submission of an application for a geographical indication, with information about the availability of the geographical indication as a domain name and, on optional basis, the registration of a domain name identical to their geographical indication. ThatEUIPO may be empowered under those delegated acts to monitor registration of domain names in the Union which could conflict with the names included in the Union register of geographical indications. Those delegated acts shall also include the obligation for registries of country-code top-level domain names, established and the EURid, operating in the Union, to provide EUIPO with the relevant information and data.
Amendment 357 #
2022/0089(COD)
Proposal for a regulation
Article 35 – title
Article 35 – title
Amendment 359 #
2022/0089(COD)
Proposal for a regulation
Article 35 – paragraph 1 a (new)
Article 35 – paragraph 1 a (new)
1 a. Any registration in the name of a person other than the producer group of a trade mark incorporating, imitating or evoking the name protected by a geographical indication shall be rejected.
Amendment 362 #
2022/0089(COD)
Proposal for a regulation
Article 36 – paragraph 1
Article 36 – paragraph 1
A registered geographical indication may be used by any operator marketing a product conforming to the corresponding product specification or single document or an equivalent to the latter.
Amendment 375 #
2022/0089(COD)
Proposal for a regulation
Article 39 – paragraph 2
Article 39 – paragraph 2
2. Producers are responsible for internal controls that ensureing compliance with the product specification of products designated by geographical indications before the product is placed on the market.
Amendment 377 #
2022/0089(COD)
Proposal for a regulation
Article 39 – paragraph 3 – introductory part
Article 39 – paragraph 3 – introductory part
3. In addition to internal controlsactions to ensure compliance referred to in paragraph 2, prior to placing on the market a product designated by a geographical indication and originating in the Union, third party verification of compliance with the product specification, shall be carried out by:
Amendment 380 #
2022/0089(COD)
Proposal for a regulation
Article 42 – title
Article 42 – title
Controls and enforcement of geographical indications in the marketplace
Amendment 383 #
2022/0089(COD)
Proposal for a regulation
Article 42 – paragraph 3
Article 42 – paragraph 3
3. Member States shall take appropriate administrative and judicial steps to prevent or stop the use of names of products or services, including domain names, that are produced, operated or marketed in their territory and that contravenes the protection of geographical indications provided for in Article 27 and Article 28.
Amendment 384 #
2022/0089(COD)
Proposal for a regulation
Article 42 – paragraph 4
Article 42 – paragraph 4
4. The authority designated in accordance with paragraph 1 shall cooperate with the producer groups concerned and coordinate enforcement of geographical indications among relevant departments, agencies and bodies, including police, anti- counterfeiting agencies, customs, intellectual property offices, food law authorities and retail inspectors.
Amendment 392 #
2022/0089(COD)
Proposal for a regulation
Article 46 – paragraph 1
Article 46 – paragraph 1
The Commission shall be empowered to adopt delegated acts in accordance with Article 84 supplementing this Regulation by rules on entrusting EUIPO with the, with the assistance of the EUIPO, scrutiny ofise third country geographical indications, other than geographical indications under the Geneva Act of the Lisbon Agreement on Appellations of Origin and Geographical Indications, proposed for protection pursuant to international negotiations or international agreements.
Amendment 400 #
2022/0089(COD)
Proposal for a regulation
Article 47 – paragraph 1 – introductory part
Article 47 – paragraph 1 – introductory part
1. Where the Commission exercises any of the empowerments provided for in this Regulation to entrust tasks to EUIPOrelies on the assistance of the EUIPO to carry out tasks, it shall also be empowered to adopt delegated acts in accordance with Article 84 to supplement this Regulation by criteria for monitoring performance in the assistance in the execution of such tasks. Such criteria mayshall include, in particular:
Amendment 402 #
2022/0089(COD)
Proposal for a regulation
Article 47 – paragraph 1 – point a
Article 47 – paragraph 1 – point a
Amendment 404 #
2022/0089(COD)
Proposal for a regulation
Article 47 – paragraph 1 – point b
Article 47 – paragraph 1 – point b
Amendment 406 #
2022/0089(COD)
Proposal for a regulation
Article 47 – paragraph 1 – point c
Article 47 – paragraph 1 – point c
Amendment 411 #
2022/0089(COD)
Proposal for a regulation
Article 47 – paragraph 2
Article 47 – paragraph 2
2. No later than 5two years after the first delegation of any tasks to EUIPOdate of entry into force of this Regulation, the Commission shall prepare and submit a report to the European Parliament and to the Council on the results and experience of the assistance in the exercise of these tasks by EUIPO.
Amendment 432 #
2022/0089(COD)
Proposal for a regulation
Article 82 – paragraph 1 – point 1
Article 82 – paragraph 1 – point 1
assistance in the administration and promotion of geographical indications, notablyand the tasks conferred on it by means of Commission delegated acts adopted in accordance with Article […] of Regulation (EU) …/….../... of the European Parliament and of the Council [Regulation on GIs].*
Amendment 566 #
2022/0051(COD)
Proposal for a directive
Article 2 – paragraph 1 – point b – point iii a (new)
Article 2 – paragraph 1 – point b – point iii a (new)
(iiia) the manufacture, distribution, and licencing of spyware and cyber- surveillance items, including software and technology, in line with the respective definitions provided in Regulation (EU) 2022/0277 and Regulation (EU) 2021/821.
Amendment 126 #
2022/0047(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) Union law setting physical design and data requirements for products to be placed on the Union market should not be affected by this Regulation.
Amendment 177 #
2022/0047(COD)
Proposal for a regulation
Recital 82
Recital 82
(82) In order to enforce their rights under this Regulation, natural and legal persons should be entitled to seek redress for the infringements of their rights under this Regulation by lodging complaints with competent authorities and before courts. Those authorities should be obliged to cooperate to ensure the complaint is appropriately handled and resolved swiftly and effectively. In order to make use of the consumer protection cooperation network mechanism and to enable representative actions, this Regulation amends the Annexes to the Regulation (EU) 2017/2394 of the European Parliament and of the Council68 and Directive (EU) 2020/1828 of the European Parliament and of the Council69 . _________________ 68 Regulation (EU) 2017/2394 of the European Parliament and of the Council of 12 December 2017 on cooperation between national authorities responsible for the enforcement of consumer protection laws and repealing Regulation (EC) No 2006/2004 (OJ L 345, 27.12.2017, p. 1). 69 Directive (EU) 2020/1828 of the European Parliament and of the Council of 25 November 2020 on representative actions for the protection of the collective interests of consumers and repealing Directive 2009/22/EC (OJ L 409, 4.12.2020, p. 1).
Amendment 209 #
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 that owns, rents or leases or a consumer that uses a product or receives a related services;
Amendment 212 #
2022/0047(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 5 a (new)
Article 2 – paragraph 1 – point 5 a (new)
(5 a) 'consumer' means any natural person who is acting for purposes which are outside their trade, business, craft or profession;
Amendment 217 #
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 related service, to whom the data holder makes data available, including a third party to whom data is directly made available by the user, following an explicit request by the user to the data holder or in accordance with a legal obligation under Union law or national legislation implementing Union law;
Amendment 249 #
2022/0047(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point f a (new)
Article 3 – paragraph 2 – point f a (new)
(f a) Whether the data holder is the holder of trade secrets or other intellectual property rights contained in the data likely to be generated by the use of the product or related service, and, if not, the identity of the trade secret holder, such as its trading name and the geographical address at which it is established;
Amendment 301 #
2022/0047(COD)
Proposal for a regulation
Article 5 – paragraph 8
Article 5 – paragraph 8
8. Trade secrets shall only be disclosed to third parties to the extent that they are strictly necessary to fulfil the purpose of the request agreed between the user and the third party and all specific necessary measures agreed between the data holder, or between the trade secrets holder if it is not simultaneously the data holder, and the third party are taken in advance by the third party to preserve the confidentiality of the trade secret. In such a case, the nature of the data as trade secrets and thedata holder or the trade secret holder, shall identify the nature of the data which are protected as trade secrets and the technical and organisational measures for preserving their confidentiality shall be specified in the agreement between the data or trade secret holder and the third party, including, as appropriate through model contractual terms, technical standards and the application of codes of conduct.
Amendment 317 #
2022/0047(COD)
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
Amendment 414 #
2022/0047(COD)
Proposal for a regulation
Article 20 – paragraph 1
Article 20 – paragraph 1
1. Data made available to respond to a public emergency pursuant to Article 15, point (a), shall be provided free of charge, unless the data made available is provided by a small or micro enterprise as defined in Article 2 of the Annex to Recommendation 2003/361/CE, in which case, that enterprise should be entitled to a compensation.
Amendment 416 #
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 thecover the proven 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. In the case that there is no agreement between the data holder and the public sector body or the Union institution on the compensation, the matter should be referred to the data coordinator as referred to in Article 31.
Amendment 422 #
2022/0047(COD)
Proposal for a regulation
Article 21 – paragraph 4
Article 21 – paragraph 4
4. Where a public sector body or a Union institution, agency or body transmits or makes data available under paragraph 1, it shall notify the data holder from whom the data was received and provide sufficient time for raising any reasonable objections to such further resharing of data provided under this Chapter.
Amendment 449 #
2022/0047(COD)
Proposal for a regulation
Article 27 – paragraph 3 – subparagraph 2
Article 27 – paragraph 3 – subparagraph 2
The addressee of the decision may ask the opinion of the relevant competent bodies or authorities, pursuant to this Regulatsend it to the data coordinator as referred to in article 31 who will ask the opinion of the Commission, in order to determine whether these conditions are met, notably when it considers that the decision may relate to commercially sensitive data, including the protection of trade secrets and the protection of intellectual property rights, or may impinge on national security or defence interests of the Union or its Member States.
Amendment 454 #
2022/0047(COD)
Proposal for a regulation
Article 30 – paragraph 1 – point d a (new)
Article 30 – paragraph 1 – point d a (new)
(d a) equivalence: a smart contract shall afford the same level of protection and legal certainty as any other contracts generated through different means;
Amendment 458 #
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 in the field of, sufficient technical and human resources and expertise in the field of consumer protection, data and electronic communications services.
Amendment 460 #
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 to ensure that the obligations of Chapter VI are enforce, data coordinators of other member States and the European Data Innovation Board to ensure that the obligations under this Regulation are enforced efficiently, swiftly and consistently with other Union legislation and self-regulation applicable to providers of data processing service;
Amendment 461 #
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) ordering data holders, third parties or data recipients to provide redress, including compensation for damages, to consumers in case of harm;
Amendment 463 #
2022/0047(COD)
Proposal for a regulation
Article 31 – paragraph 5
Article 31 – paragraph 5
5. Member States shall communicate the name of the designated competent authoritiesdata coordinator and their respective tasks and powers and, where applicable, the name of the coordinating competent authority to the Commission. The Commission shall maintain ato the Commission and the European Data Innovation Board. The Commission shall regularly update and maintain an easily accessible public register of those authorities.
Amendment 466 #
2022/0047(COD)
Proposal for a regulation
Article 32 a (new)
Article 32 a (new)
Amendment 11 #
2021/2255(INI)
Motion for a resolution
Citation 10 a (new)
Citation 10 a (new)
— having regard to its resolution of 20 October 2021 on the situation of artists and the cultural recovery in the EU (2020/2261(INI))2a; _________________ 2a Texts adopted: P9_TA(2021)0430
Amendment 22 #
2021/2255(INI)
Motion for a resolution
Citation 26
Citation 26
— having regard to the Davos Declaration adopted by the Conference of Ministers of Culture on 22 January 2018 entitled ‘Towards a high-quality Baukultur for Europe’, as well as the Davos Baukultur Quality System ‘Eight criteria for a high-quality Baukultur’ developed thereafter,
Amendment 46 #
2021/2255(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
Ba. whereas climate change is a challenge that transcends borders and requires immediate and ambitious action; whereas the transition to a climate- neutral economy by 2050 represents a great opportunity as well as a challenge for the Union, its Member States and businesses from every sector; whereas cohesion policy is a crucial tool in delivering a fair transition to a climate- neutral economy;
Amendment 57 #
2021/2255(INI)
Motion for a resolution
Recital C
Recital C
C. whereas culture is a strategic sector for the EU which helps to bolster its economy, to enable us to live better together and to build democratic, sustainable, inclusive and free societies, and yet has been one of the areas hardest hit by the pandemic;
Amendment 58 #
2021/2255(INI)
Motion for a resolution
Recital C a (new)
Recital C a (new)
Ca. whereas the Union has only had limited competence in the field of culture thus far, with Creative Europe being the sole programme dedicated to culture and whose funding still falls far short of the needs of our European cultural and creative sectors;
Amendment 63 #
2021/2255(INI)
Motion for a resolution
Recital D
Recital D
D. whereas architecture, urban and territorial planning, design, the arts, sociology and engineering are complementary and instrumental for building an inclusive society that ensures living and working conditions of good quality for everyone, individually and collectively, adapts spaces to evolving living and working habits, makes safe places to go and stay for every gender or age, looks after the wellbeing, autonomy and mobility also for physically and mentally impaired people, better connects urban and rural areas, working and recreational life spaces and suits every way of life; whereas these sectors, which play a part in research and innovation for sustainable development, have been disrupted by the COVID-19 crisis;
Amendment 73 #
2021/2255(INI)
Motion for a resolution
Recital D a (new)
Recital D a (new)
Da. whereas cities are places of pluralism, creativity and solidarity, and test beds for new forms of problem solving and for social innovation; whereas public spaces are central places for stimulating open, inclusive and transparent debate and participation in public life, thereby contributing to democratic systems for our society; whereas culture and artistic venues are essential places for freedom of expression and debate;
Amendment 83 #
2021/2255(INI)
Motion for a resolution
Recital E
Recital E
E. whereas building a better future starts with quality education and training, including through vocational and lifelong learning; whereas access to quality education is a fundamental right;
Amendment 84 #
2021/2255(INI)
Motion for a resolution
Recital E a (new)
Recital E a (new)
Ea. whereas cultural and artistic education are vital for personal development and for being able to value the arts, culture and architecture that surround us and design tomorrow’s cultural heritage; whereas everyone should have the right to access to and participate in culture;
Amendment 90 #
2021/2255(INI)
Motion for a resolution
Recital E b (new)
Recital E b (new)
Eb. whereas the Union’s strategic autonomy rests on its ability to lead technological, environmentally sustainable economic and social progress; whereas this depends on its ability to excel in education, research and innovation - often referred to as the ‘knowledge triangle’;
Amendment 93 #
2021/2255(INI)
Motion for a resolution
Recital F
Recital F
F. whereas cultural heritage is increasingly impacted by climate change and environmental degradation and must be preserved;
Amendment 99 #
2021/2255(INI)
Motion for a resolution
Recital F a (new)
Recital F a (new)
Fa. whereas the Renovation Wave strategy aims to double the rate of building renovation in Europe, aiming at the renovation of more than 35 million buildings and the creation of up to 160 000 jobs in the construction sector;
Amendment 103 #
2021/2255(INI)
Motion for a resolution
Recital F b (new)
Recital F b (new)
Fb. whereas a high-quality built environment is the result of the work of skilled professionals in the construction sector and creative and cultural industries and can only be the outcome of quality processes, in particular public procurement procedures;
Amendment 109 #
2021/2255(INI)
Motion for a resolution
Recital F c (new)
Recital F c (new)
Fc. whereas war actions are targeting the housing stock, cultural heritage and other civilian infrastructures in Ukraine;
Amendment 114 #
2021/2255(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Recalls that the historic Bauhaus movement created a paradigm shift in design, architecture and the arts, with important legacies such as the optimization of the form-function relationship, which delivered radical innovation and reflected true cultural and social changes in a progressive artistic and educational context in the aftermath of the First World War;
Amendment 126 #
2021/2255(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Welcomes the New European Bauhaus (NEB) initiative and, stressing that by translating the values of the original Bauhaus to today’s challenges, it aspires to create a cultural movement that contributes to a smarter, more sustainable and more enjoyable living environment; emphasises that it must primarily focus on improving the quality of people’s lives by transforming the spaces, buildings, cities and territories in which they live; as well as their environment, but also on improving coexistence and public space for social cohesion and democratic life;
Amendment 137 #
2021/2255(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Believes that the NEB should be part of a broader Cultural Deal for Europe and support as well as achieve mutual benefits with the Creative Europe programme for the cultural and creative sectors; reiterates in this context that the Creative Europe budget shall not be reallocated to fund the NEB;
Amendment 150 #
2021/2255(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Underlines the enormous creative potential that the NEB can unleash by opening up new opportunities for artists, performers and other cultural creators, especially with regards to collaboration across different professions within and beyond the cultural and creative sectors;
Amendment 155 #
2021/2255(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Reaffirms that the NEB has the potential to reshape the way policies are conceived to nurture policies and legislative developments having an impact on the built environment, and to define the environment of the future by meeting the need for spaces adapted to new ways of life;
Amendment 174 #
2021/2255(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Emphasises, in order to be successful, that the NEB must be accessible, affordable, socially fair and inclusive and must actively involve EU citizens and community-based organisations from all people and territories in their diversity, in a bottom-up way – from project design to roll-out and evaluation – while avoiding any elitist approaches;
Amendment 211 #
2021/2255(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. UStresses that during the first years of its existence, NEB funding has not been able to reach all corners of the EU; urges the Commission to raise awareness about this initiative and to improve the coordination between all levels of governance, which should have equitable access to opportunities and funding;
Amendment 236 #
2021/2255(INI)
Motion for a resolution
Paragraph 8 – introductory part
Paragraph 8 – introductory part
8. Requests that the Commission clarify the general criteria for the selection and evaluation of NEB projects and initiatives and for the allocation of funds, in particular:
Amendment 241 #
2021/2255(INI)
Motion for a resolution
Paragraph 8 – indent 2
Paragraph 8 – indent 2
- following the NEB guiding principles of sustainability, inclusiveness and aesthetics, and taking inspiration from the Davos Baukultur Quality System;
Amendment 253 #
2021/2255(INI)
Motion for a resolution
Paragraph 8 – indent 4
Paragraph 8 – indent 4
- securing accessibility, security and affordability;
Amendment 293 #
2021/2255(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Welcomes the efforts made by the European Commission to launch the first calls for projects by taking money from existing programmes, but considers that their impact is not proportionate to the ambition of the project;
Amendment 307 #
2021/2255(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Calls on the Commission to table a proposal as soon as possible to make the NEB an EU programme by the next MFF; insists that this will require fresh resources with a dedicated and stable budget line; underlines that this new programme must not reduce funding for other programmesunderfunded programmes such as Erasmus+ and Creative Europe, notwithstanding the links and synergies it may create with them, nor divert focus from their agreed political priorities;
Amendment 325 #
2021/2255(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. CExpresses the need to go beyond the phases of co-design, delivery and dissemination, ensuring that creative thinking continues throughout all phases; calls on the Commission to set up an evidence-based monitoring and evaluation mechanism, which should continuously review all NEB activities and report regularly to Parliament and the Council; expects to receive the first monitoring report in 2022;
Amendment 334 #
2021/2255(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Believes that the NEB movement should promote more sustainable, socially inclusive and innovative ways of life based on new models of planning, constructing and inhabiting our built environment in order to suit emerging needs and help to ensure decent and quality housing for all; highlights that the NEB must have a holistic approach at all spatial scales, whatever the size of the project, from landscape architecture to urban planning, neighbourhood development, infrastructure, buildings, interior architecture and design;
Amendment 349 #
2021/2255(INI)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15a. Considers that the NEB must develop new ways of thinking that are clear and inclusive, generating greater security and comfort for our citizens, supporting cultural movements to foster local and global knowledge; underlines that without culturally-based social dynamism, the Bauhaus will not act as a catalyst for a true pan-European movement and could fall only into the hands of elite actors;
Amendment 359 #
2021/2255(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Calls on the Member States to draw up innovative educational curricula for the development of spatial, orientation and drawing skills and to integrate green and digital skills within higher education and lifelong learning, which will also help to deliver the European Skills Agenda; stresses the importance of raising awareness and education on respect for environment, including respect to historical and cultural heritage; calls for the EU to promote such endeavours; calls on the Commission to make mobility opportunities an integral part of the NEB;
Amendment 371 #
2021/2255(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16a. Calls on the Commission and the Member States to recognize the NEB as a tool to contribute to the up- and reskilling of cultural professionals and the improvement of their overall working conditions, particularly in the context of the green and digital transitions and of the cultural recovery of Europe;
Amendment 372 #
2021/2255(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16a. Highlights the importance of linking NEB to the development of green skills as well as in education and lifelong learning curricula in construction, farming, waste treatment, social housing, landscaping, tourism and transport, which should be taken into account when developing the Education for Climate Coalition;
Amendment 392 #
2021/2255(INI)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18a. Welcomes the development and maximization of digital technologies to achieve more efficient, inclusive, accessible, and eco-sustainable solutions; stresses that such technologies should be used to improve the social well-being of the citizens, and do not translate into the creation of digital surveillance of people;
Amendment 393 #
2021/2255(INI)
Motion for a resolution
Paragraph 18 b (new)
Paragraph 18 b (new)
18b. Underlines the need to engage with the culture and creative sector, citizen- and community-based organisations to design, implement and assess NEB delivery so that it achieves ‘living better together’; considers their essential role in answering new needs for spaces adapted to new ways of life as intergenerational cohabitation, working and co-working spaces adapted to changing habits, child-friendly urban environments, safer spaces for women and ease of moving and participating in work and public life for the most vulnerable people;
Amendment 396 #
2021/2255(INI)
Motion for a resolution
Paragraph 18 c (new)
Paragraph 18 c (new)
18c. Stresses that the gender perspective and gender balance is not sufficiently represented in the CE communication; calls for the NEB to take into account the views of women and LGTBQI+ in the development of criteria, projects and initiatives; stresses the fundamental role of this view in the design of safe urban spaces and adapted domestic spaces to non-traditional household configurations;
Amendment 397 #
2021/2255(INI)
Motion for a resolution
Paragraph 18 d (new)
Paragraph 18 d (new)
18d. Stresses that the NEB is an opportunity to rethink and improve accessibility in our cities and buildings; encourages this initiative to reflect and incorporate concrete accessibility criteria in projects as a requirement, applying real legislation; calls for incorporating the perspective of people with disabilities in the inclusivity dimension of this initiative;
Amendment 398 #
2021/2255(INI)
Motion for a resolution
Paragraph 18 e (new)
Paragraph 18 e (new)
18e. Given the essential role of culture and artistic practices for self-development and well-being, debate and free expression, considers that the NEB should play a key role in ensuring ease of access to culture, fostering the proximity of cultural venues for everyone, including those living in remote and rural areas;
Amendment 403 #
2021/2255(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Calls on the Commission and the Member States to develop ambitious plans and use the NEB to better protect Europe’s rich cultural heritage from the impact of climate change;
Amendment 409 #
2021/2255(INI)
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
19a. Considers that the NEB should play a key role in promoting greater circularity in the built environment, by promoting renovation and adaptive re-use over demolition and new built, as appropriate;
Amendment 413 #
2021/2255(INI)
Motion for a resolution
Paragraph 19 b (new)
Paragraph 19 b (new)
19b. Considers that a key objective of the NEB should promote sustainable construction materials, in particular bio- and geo-sourced materials, low-carbon materials as well as simple, passive, low- tech and locally tested building techniques;
Amendment 418 #
2021/2255(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Calls on the Commission and the Member States to connect the NEB to the Renovation Wave as a preliminary phase, taking advantage of the innovative solutions that the project offers in the comprehensive renovation of our building stock, including wgoing beyond energy efficiency, accessibility and security and achieving a truly holistic and qualithy regard to energy efficiencynovation of the building stock, mindful of the site specific contexts and surrounding neighbourhood;
Amendment 428 #
2021/2255(INI)
Motion for a resolution
Paragraph 20 a (new)
Paragraph 20 a (new)
20a. Calls on the Commission and Member States to create synergies in the research and university communities on the NEB fields, making use of the European Universities Initiative or networks that should indeed allow exchange and sharing knowledge and good practices;
Amendment 444 #
2021/2255(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Supports the creation of an NEB label in partnership with stakeholders, coordinated with existing labels, based on clear criteria applied in an inclusive way in order to recognise projects and products for achieving key NEB goals and help them get access to funding; calls on the Commission to ensure that EU funding schemes create incentives to apply for the label; calls for market uptake of the label to be explored;
Amendment 459 #
2021/2255(INI)
Motion for a resolution
Paragraph 22 a (new)
Paragraph 22 a (new)
22a. Calls on the Commission to guarantee the adequate and continuous involvement of all stakeholders from the cultural and creative sectors in the implementation and monitoring of the NEB, and to facilitate the exchange of good practices, mutual learning, and capacity building to ensure the NEB will create tangible, sustainable, cultural, social and economic benefits;
Amendment 474 #
2021/2255(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Calls for the future NEB lab to make innovative recommendations, to collaborate with other institutions, national and regional governments, and stakeholders and to establish clear and transparent operating and reporting rules in line with the initiative;
Amendment 479 #
2021/2255(INI)
Motion for a resolution
Paragraph 24 a (new)
Paragraph 24 a (new)
24a. Supports the creation of an annual NEB Festival and awards; calls for synergies with other European awards and events of a similar nature, such as the EU Mies Van Der Rohe Award for contemporary architecture, Europan Europe, European Heritage Awards and others;
Amendment 2 #
2021/2251(INI)
Motion for a resolution
Citation 4 a (new)
Citation 4 a (new)
— having regard to its resolution of 17 September 2020 on the cultural recovery of Europe (2020/2708(RSP)) and to its resolution of 20 October 2021 on the situation of artists and the cultural recovery in the EU (2020/2261(INI)),
Amendment 30 #
2021/2251(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. Recalls that the European cultural and creative sectors including industries account for between 4 and 7 % of the EU’s GDP and for about 8.7 million jobs in the EU; emphasizes that these figures are not adequately reflected in the national recovery and resilience plans, leaving the cultural and creative sectors considerably underrepresented in the EU’s overall effort to overcome the pandemic and support the recovery and resilience of the European economy;
Amendment 33 #
2021/2251(INI)
Draft opinion
Paragraph 2 b (new)
Paragraph 2 b (new)
2 b. Emphasizes that the European Parliament repeatedly and with an overwhelming majority - e.g. in its resolution of 17 September 2020 on the cultural recovery of Europe and in its resolution of 20 October 2021 on the situation of artists and the cultural recovery in the EU - called on the Commission and the Member States to include culture in the national recovery and resilience plans and to earmark at least 2 % of the RRF budget to culture;
Amendment 34 #
2021/2251(INI)
Draft opinion
Paragraph 2 c (new)
Paragraph 2 c (new)
2 c. Recalls that atypical employment (part-time and fixed-duration contracts, temporary work and economically dependent self-employment) is commonplace for authors, performers, artists and many other cultural creators, often leading to precarious working conditions; highlights that the pandemic has exposed and exacerbated this situation which poses a fundamental threat to the EU’s cultural ecosystem, to Europe’s cultural diversity and to our democracy and society;
Amendment 77 #
2021/2251(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. Urges the Member States to put the recovery and resilience of the cultural and creative sectors at the core of their investments into culture, with a particular focus on improving the overall situation of authors, performers, artists and all other cultural creators who are the ones to create the cultural works that our democracy, society and economy benefit from;
Amendment 78 #
2021/2251(INI)
Draft opinion
Paragraph 5 b (new)
Paragraph 5 b (new)
5 b. Underlines that any action taken to help the cultural and creative sectors in their recovery should not only be aimed at economic recovery, but also be used for the improvement of the working conditions of authors, performers, artists and all other cultural creators as well as for their up- and reskilling with regards to i.a. knowledge of their rights, the opportunities of the digital era and the possibilities of international mobility;
Amendment 96 #
2021/2251(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6 a. Underlines the importance of culture for our identity, democracy, society and economy; is concerned that the European cultural and creative sectors, which account for between 4 and 7 % of the EU’s GDP and for about 8.7 million jobs in the EU, were among those hit first and the hardest by the pandemic and will be the last to recover;
Amendment 97 #
2021/2251(INI)
Motion for a resolution
Paragraph 6 b (new)
Paragraph 6 b (new)
Amendment 245 #
2021/2251(INI)
Motion for a resolution
Paragraph 25 a (new)
Paragraph 25 a (new)
25 a. Regrets that only 16 Member States have included culture in their NRRPs; fears that this heterogeneity of public investments leads to recovery at different speeds, causing increased disparities within the EU’s cultural ecosystem and thus threatening Europe’s cultural diversity; recalls repeated previous requests by the Parliament and by stakeholders from the cultural and creative sectors, urging the Member States to dedicate at least 2 % of the budget of each national NRRP to culture;
Amendment 250 #
2021/2251(INI)
Motion for a resolution
Paragraph 25 b (new)
Paragraph 25 b (new)
25 b. Urges the Member States to put the recovery and resilience of the cultural and creative sectors at the core of their investments into culture, with a particular focus on improving the overall situation and working conditions of authors, performers, artists and all other cultural creators who are the ones to create the cultural works that our democracy, society and economy benefit from;
Amendment 28 #
2021/2209(INI)
Draft opinion
Paragraph 3 – point 1 (new)
Paragraph 3 – point 1 (new)
(1) Stresses the importance of face to face learning, especially in early childhood, since it is this type of teaching that ensures the acquisition of the skills that will allow children to progress throughout their lives: personal relationships, study skills, empathy, cooperation, etc.
Amendment 35 #
2021/2209(INI)
Draft opinion
Paragraph 4 – point 1 (new)
Paragraph 4 – point 1 (new)
(1) Underlines the key role of the future European Education Area providing an important opportunity for more international cooperation and relevance for build synergies on education across Europe and beyond in order to develop common approaches and solutions to common challenges;
Amendment 46 #
2021/2209(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. Calls on the European Commission to urgently convene an international donor conference by the EU and the United Nations with a view to reinforce the Covax initiative, setting the availability of approved paediatric vaccine for all children as a common target, in view of the devastating impact of the covid19 on the education of the global youth; believes that this goal should be included in a Global Health Pact, financed with extraordinary issuance of special drawing rights from the IMF and donations from developed countries;
Amendment 48 #
2021/2209(INI)
Draft opinion
Paragraph 5 b (new)
Paragraph 5 b (new)
5 b. Decries the structural discrimination suffered by thousands of refugee children in Europe that have had little or no access to education; affirms that segregated classes in reception camps, often run by volunteers, cannot be a substitute for schooling; calls for the compulsory education of refugee children in the school system of the host country as a requisite for accessing EU funding in the field of migration;
Amendment 6 #
2021/2186(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Expresses concern about the number of petitions setting out cases of discrimination; in this context, stresses that discrimination remains one of the most serious and unacceptable threats to fundamental rights and that it has no place in any aspect of life; recalls that the EU is built on diversity, pluralism, tolerance, and non-discrimination; stresses that discrimination undermines human dignity, life opportunities, prosperity, well- being, and often safety; regrets the fact that the proposal for a Council Directive on implementing the principle of equal treatment between persons irrespective of religion or belief, disability, age or sexual orientation (COM(2008)0426) (the ‘horizontal Anti-Discrimination Directive’) remains blocked in the Council, and calls on the Commission to propose new anti- discrimination legislation; calls, therefore, on the Member States to effectively tackle every alleged case of discrimination and to deal with it in accordance with EU and national law;
Amendment 23 #
2021/2186(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Considers that LGBTI people face some of the biggest challenges as far as fundamental rights are concerned, and, in particular, the right to non-discrimination; stresses that the right of a person to self- determination of their sex, sexual orientation or gender identity is inviolable; highlights that in spite of the progress made in recent years with regard to LGBTI acceptance,, and that sexual orientation and gender identity have increasingly been recognised as discrimination grounds in international law; highlights that in spite of the progress made in recent years with regard to LGBTI acceptance, only in the field of employment EU law protects lesbian, bisexual and gay people from discrimination on the grounds of sexual orientation, and regrets that the situation of LGBTI people in the EU still remains critical, as they continue to be the targets of discrimination across all areas of life, becoming vulnerable to verbal and physical attacks that remain largely invisible out of fear of negative consequences;
Amendment 51 #
2021/2186(INI)
Draft opinion
Paragraph 8 a (new)
Paragraph 8 a (new)
8 a. Recalls that the protection of natural persons in relation to the processing of personal data should be a fundamental right; alerts that although the GDPR provides ways for people to protect their personal data, and by extension their privacy, data breaches occur resulting in a breach of confidentiality, availability and integrity, and posing individuals’ rights and freedoms at risk or at high-risk; urges the Commission and the European Data Protection Supervisor to continue their efforts to oversee the implementation of the appropriate technical and organisational measures by the responsible entities to avoid such data breaches;
Amendment 54 #
2021/2186(INI)
Draft opinion
Paragraph 8 b (new)
Paragraph 8 b (new)
8 b. Recalls that the freedom of expression, to hold opinions and to receive and impart information and ideas is a fundamental right; shows concern over the creation, dissemination and amplification of false or manipulated information using digital technologies for political, ideological or commercial motives; notes that such actions unleash immediate disruptive effects in our societies and can have serious consequences for democracy and human rights; urges the Commission and the Member States to launch initiatives calling for multidimensional and multistakeholder responses to counter disinformation, enhancing the role of free, independent and diverse media, investing in media and digital literacy, empowering individuals and rebuilding public trust.
Amendment 56 #
2021/2186(INI)
Draft opinion
Paragraph 8 c (new)
Paragraph 8 c (new)
8 c. Welcomes the European Commission’ proposal for an inter- institutional European Declaration on Digital Rights and Principles as a reference point to guide the European digital transformation and Europe’s pioneering role in digital policies; recalls that “the Charter” dates from a time when digital economy was not contemplated as it is today; consequently, efforts to protect our citizens’ in the digital sphere have been scattered in a myriad of proposals, resolutions and legislative acts; calls for a European Charter for Digital Rights that responds to the EU rights in the digital age and recognises, among others, the access to the internet as a human right;
Amendment 3 #
2021/2167(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
B a. whereas Article 15 of the TFEU states that ‘in order to promote good governance and ensure the participation of civil society, the Union's institutions, bodies, offices and agencies shall conduct their work as openly as possible’ and that ‘any citizen of the Union, and any natural or legal person residing or having its registered office in a Member State, shall have a right of access to documents of the Union's institutions, bodies, offices and agencies’; whereas ensuring that high- quality services are provided to EU citizens and that the EU administration is responsive to their needs and concerns is crucial in protecting citizens' rights and fundamental freedoms;
Amendment 6 #
2021/2167(INI)
Motion for a resolution
Recital B b (new)
Recital B b (new)
B b. whereas Article 41(1) of the Charter of Fundamental Rights states that ‘every person has the right to have his or her affairs handled impartially, fairly and within a reasonable time by the institutions, bodies, offices and agencies of the Union’;
Amendment 7 #
2021/2167(INI)
Motion for a resolution
Recital B c (new)
Recital B c (new)
B c. whereas Article 43 of the Charter states that ‘any citizen of the Union and any natural or legal person residing or having its registered office in a Member State has the right to refer to the European Ombudsman cases of maladministration in the activities of the institutions, bodies, offices or agencies of the Union, with the exception of the Court of Justice of the European Union acting in its judicial role’;
Amendment 10 #
2021/2167(INI)
Motion for a resolution
Recital D
Recital D
D. whereas the Ombudsman receives a large number of complaints from individuals and organisations about the EU administration every year, and whereas the top three concerns in the inquiries closed by the Ombudsman in 2020 were transparency, accountability (access to information and documents) (25 %), culture of service (24 %) and proper use of discretionary powers, including in infringement procedures (17 %); whereas other concerns include ethical issues, respect for fundamental rights, sound financial management, whistleblowing, respect for procedural rights, recruitment and good management of EU personnel issues;
Amendment 15 #
2021/2167(INI)
Motion for a resolution
Recital E a (new)
Recital E a (new)
E a. whereas the main priority of the European Ombudsman is to ensure that citizens’ rights are fully respected and the right to good administration of EU institutions, bodies, offices or agencies reflects the highest standards;
Amendment 35 #
2021/2167(INI)
Motion for a resolution
Recital S a (new)
Recital S a (new)
S a. whereas the Ombudsman launched an inquiry on how the Commission ensures that Hungary and Portugal’s use of ESI funds for care facilities for persons with disabilities is in line with the legal obligations stemming from the EU Charter of Fundamental Rights, the ESI funds Regulation and the UNCRPD
Amendment 36 #
2021/2167(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. WelcomApproves the annual report for 2020 presented by the European Ombudsman, and commends its excellent presentation on the most important facts and figures concerning the Ombudsman’s work in 2020;
Amendment 43 #
2021/2167(INI)
Motion for a resolution
Paragraph 4 – point a (new)
Paragraph 4 – point a (new)
(a) Emphasises the essential role of transparency, good administration and institutional checks and balances in the work of the EU institutions;
Amendment 47 #
2021/2167(INI)
Motion for a resolution
Paragraph 5 – point a (new)
Paragraph 5 – point a (new)
(a) Stresses that trust between citizens and the institutions is of paramount importance, especially in the context of the COVID-19 crisis;
Amendment 63 #
2021/2167(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Commends the Ombudsman’s determination to achieve the highest level of transparency in the EU decision- making process; stresses the need to monitor the implementation of the Ombudsman’s recommendations for transparency in trilogues; Reiterates its call for the publication of all trilogue documents in order to uphold citizens’ democratic rights, as full transparency at all stages of the legislative process, including in the informal negotiations between the three main EU institutions, is crucial to enabling citizens to hold their elected representatives and governments accountable;
Amendment 87 #
2021/2167(INI)
Motion for a resolution
Paragraph 18 – point a (new)
Paragraph 18 – point a (new)
(a) Calls on the Ombudsman to continue her work to ensure the timely publication of the names of all EU officials involved in ‘revolving door’ cases and to guarantee full transparency with regard to all related information;
Amendment 91 #
2021/2167(INI)
Motion for a resolution
Paragraph 19 – point a (new)
Paragraph 19 – point a (new)
(a) Welcomes the Ombudsman’s inquiries following complaints by persons with disabilities, and encourages her work as an active participant in the EU Framework for the UN Convention on the Rights of Persons with Disabilities;
Amendment 94 #
2021/2167(INI)
Motion for a resolution
Paragraph 20 – point a (new)
Paragraph 20 – point a (new)
(a) Urges the Commission to investigate the use of European Structural and Investment Funds (ESI funds), which were allocated for the construction of institutional care facilities for persons with disabilities in Hungary and Portugal;
Amendment 95 #
2021/2167(INI)
Motion for a resolution
Paragraph 20 – point b (new)
Paragraph 20 – point b (new)
(b) stresses that ESI related funds have been allocated to promote the rights of persons with disabilities to live independently and to be included in the community; stresses that it is essential to monitor the allocated EU funds, which should be used to support deinstitutionalisation in Member States;
Amendment 96 #
2021/2167(INI)
Motion for a resolution
Paragraph 20 – point c (new)
Paragraph 20 – point c (new)
(c) Stresses that while Member States’ obligations as regards the principle of non-discrimination, including giving particular attention to accessibility to persons with disabilities throughout the preparation and implementation of projects should be respected;
Amendment 97 #
2021/2167(INI)
Motion for a resolution
Paragraph 20 – point d (new)
Paragraph 20 – point d (new)
(d) Emphasises the Ombudsman’s inquiry on how the European Border and Coast Guard Agency (Frontex) deals with alleged breaches of fundamental rights, in particular on their transparency and effectiveness of their complaint mechanism and the role and the independence of their Fundamental Rights Officer; calls on the Ombudsman to follow up with the Commission’s future actions on how its established monitoring mechanism will control the effectiveness of border management operations that are funded by the EU;
Amendment 105 #
2021/2167(INI)
Motion for a resolution
Paragraph 22 a (new)
Paragraph 22 a (new)
22 a. Stresses the importance of the European Network of Ombudsmen (ENO) and annual meetings hosted with national and regional ombudsmen through the European Network of Ombudsmen to further raise awareness of what the Ombudsman’s Office can do for European citizens;
Amendment 106 #
2021/2167(INI)
Motion for a resolution
Paragraph 22 b (new)
Paragraph 22 b (new)
22 b. Welcomes the Ombudsman’s actions during the pandemic to keep regular contact with her fellow national colleagues from the European Network of Ombudsmen (ENO) and to organise and host webinars throughout 2020 on topics such as implications of the pandemic, sharing experiences and promoting best practices in the crisis response, and on the impact of Artificial Intelligence;
Amendment 107 #
2021/2167(INI)
Motion for a resolution
Paragraph 22 c (new)
Paragraph 22 c (new)
22 c. Welcomes the Ombudsman’s initiative on fast track procedure related to access to documents cases, aiming to have a decision on the requested documents within 40 working days; notes that in 2020 the average time to handle public access complaints is one third what is was before2018 when this procedure was introduced;
Amendment 3 #
2021/2060(INI)
Draft opinion
Paragraph 1 – point 1 (new)
Paragraph 1 – point 1 (new)
(1) Underlines that problems concerning the German family law system, including the controversial role of the Jugendamt, denounced through petitions by non-German parents, still remain unsolved;
Amendment 18 #
2021/2060(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Recalls that the authorities of the Member States must ensure that a child is given the genuine and effective opportunity to express their own views freely during proceedings and, that due weight is given to the child’s views in accordance with their age and maturity, and for their views to be taken seriously;
Amendment 20 #
2021/2060(INI)
Draft opinion
Paragraph 7 – point 1 (new)
Paragraph 7 – point 1 (new)
(1) Stresses the obligation, as provided for in the Brussels IIa Regulation, for national authorities to recognise and enforce judgements delivered in another Member State in child-related cases;
Amendment 21 #
2021/2060(INI)
Draft opinion
Paragraph 7 – point 2 (new)
Paragraph 7 – point 2 (new)
(2) underlines the importance of providing an adequate support for children before, during and after each hearing;
Amendment 22 #
2021/2060(INI)
Draft opinion
Paragraph 7 – point 3 (new)
Paragraph 7 – point 3 (new)
(3) calls on EU Member States to ensure that all professionals in contact with children are trained to inform children appropriately and explain all elements of proceeding in a child-friendly manner, which will help children to make informed decisions about their involvement in the judicial proceedings;
Amendment 26 #
2021/2060(INI)
Draft opinion
Paragraph 8 – point 1 (new)
Paragraph 8 – point 1 (new)
(1) underlines that judicial proceedings have a considerable impact on the lives of minors and the absence of a child-friendly response can result in restrictions or violation of their fundamental rights; stresses that when the national judicial systems lack child- friendly procedures and practices, the most vulnerable children, such as children with disabilities face particular barriers in the enjoyment of their rights;
Amendment 27 #
2021/2060(INI)
Draft opinion
Paragraph 8 – point 2 (new)
Paragraph 8 – point 2 (new)
(2) Calls on EU Member States to ensure that only trained professionals carry out child hearings and that training on child hearings is mandatory and continuous for professionals;
Amendment 28 #
2021/2060(INI)
Draft opinion
Paragraph 8 – point 3 (new)
Paragraph 8 – point 3 (new)
(3) stresses that professionals hearing children need to be specifically trained in appropriate questioning techniques, in line with existing guidelines on hearing children, and on the relevant legal basis;
Amendment 29 #
2021/2060(INI)
Draft opinion
Paragraph 8 – point 4 (new)
Paragraph 8 – point 4 (new)
(4) calls on the Commission and EU Member States to provide sufficient allocation of funds in order to meet children’s needs in all types of judicial proceedings and to make support services available;
Amendment 30 #
2021/2060(INI)
Draft opinion
Paragraph 8 – point 5 (new)
Paragraph 8 – point 5 (new)
(5) stresses the importance of promoting trainings and coordination among professionals and sharing best practices between the Member States;
Amendment 37 #
2021/2060(INI)
Draft opinion
Paragraph 10 – point 1 (new)
Paragraph 10 – point 1 (new)
(1) Points to the long standing work of the Committee on Petitions on the treatment of petitions concerning the role of the Jugendamt; underlines that the Committee on Petitions continuously receives petitions concerning alleged discrimination against the non-German parent;
Amendment 42 #
2021/2060(INI)
Draft opinion
Paragraph 12 – point 1 (new)
Paragraph 12 – point 1 (new)
(1) Insists on the importance of Member States collecting statistical data on the administrative and judicial proceedings concerning child custody and involving foreign parents;
Amendment 52 #
2021/2060(INI)
Draft opinion
Paragraph 18 – point 1 (new)
Paragraph 18 – point 1 (new)
(1) Emphasises the importance of a close cooperation and efficient communication between the different national and local authorities;
Amendment 4 #
2021/2058(INI)
Motion for a resolution
Citation 21 a (new)
Citation 21 a (new)
— having regard to the European Sports Charter and Code of Sports Ethics of the Council of Europe, as revised on 16 May 2001;
Amendment 12 #
2021/2058(INI)
Motion for a resolution
Recital F a (new)
Recital F a (new)
Fa. whereas grassroots sport contributes to the development of skills among young people and promotes civic participation through volunteering;
Amendment 13 #
2021/2058(INI)
Motion for a resolution
Recital G a (new)
Recital G a (new)
Ga. whereas illegal streaming of live sport events threatens the financial stability of both professional and grassroots sports which depend on the revenues from sport broadcasting rights;
Amendment 17 #
2021/2058(INI)
Motion for a resolution
Subheading 1
Subheading 1
Strengthening visibility, cooperation and mainstreaming sport in EU policies;
Amendment 26 #
2021/2058(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Calls on the Commission to strengthen the visibility and sport perspective across policy areas at EU level through adding sport to the title of the portfolio of the Commissioner in charge;
Amendment 27 #
2021/2058(INI)
Motion for a resolution
Paragraph 4 b (new)
Paragraph 4 b (new)
4b. Calls also in this regard to establish the EU Sport Coordinator who would be the European Commission contact and visible reference point;
Amendment 29 #
2021/2058(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Invites sport stakeholders to actively participate in the Conference on the Future of Europe which also covers sport related issues;
Amendment 31 #
2021/2058(INI)
Motion for a resolution
Paragraph 5 b (new)
Paragraph 5 b (new)
5b. Acknowledges the recent adoption of the revised European Sports Charter within the Council of Europe which highlights the common features of a framework for European sport and its organisation and invites EU institutions to strive for consistency, cooperation and solidarity at continental level, while taking initiative in the field of sport policy;
Amendment 38 #
2021/2058(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Calls for a European sports model that recognises the need for a strong commitment to integrating the principles of solidarity, sustainability, inclusiveness, open competition and sporting merit, sporting merit, fairness and accordingly strongly opposes breakaway competitions that undermine such principles and endanger the stability of the overall sports ecosystem;
Amendment 44 #
2021/2058(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Acknowledges sport clubs as the foundation of a European sports model offering everyone the possibility to engage in sport locally, especially young people, regardless of their cultural or socio- economic background;
Amendment 45 #
2021/2058(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Highlights the need for increased solidarity and financial redistribution, especially between professional and grassroots sport; calls on Member States and sports federations to implement a mandatory solidarity mechanism based on a fair and binding distribution key that ensures a redistribution of revenues in favour of the amateur and grassroots level;
Amendment 48 #
2021/2058(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Highlights the need for more targeted and increased solidarity and financial redistribution, especially between professional and grassroots sport;
Amendment 51 #
2021/2058(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Urges public authorities, sports federations and organisations to uphold values such as human rights, democracy and the rule of law when awarding host status for major sporting events; insists that, as a matter of principle, major sporting events should no longer be awarded to countries where these fundamental rights and values are not even remotely respected;
Amendment 54 #
2021/2058(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12a. Recalls its call in the own-initiative report of 2 February 2017 on an integrated approach to Sport Policy for the creation of transparency registers and transparency rules for player managers' remuneration, as well as minimum qualifications and licensing requirements for player managers, and calls on the Commission to consider a legal act in EU law;
Amendment 55 #
2021/2058(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12a. Calls on sport organisations to respect the established frequency of international sports tournaments, especially the European and World Championships while taking into account domestic competitions and the health of athletes and players;
Amendment 57 #
2021/2058(INI)
Motion for a resolution
Paragraph 12 b (new)
Paragraph 12 b (new)
12b. Emphasises the need for sustainable management of professional sports clubs and companies; urges the Commission, the Member States and the sports federations to implement rules that ensure the sustainable economic stability of sports clubs and to review existing regulations for their efficiency;
Amendment 67 #
2021/2058(INI)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15a. Calls on all sport stakeholders organisations to attain the appropriate levels of representativeness and professionalisation as a prerequisite for involvement in collective decision-making processes;
Amendment 69 #
2021/2058(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Calls for the EU institutions to promote the fundamental rights of athletes, including athlete representation in decision-making, freedom of association, collective bargaining and non- discrimination;
Amendment 75 #
2021/2058(INI)
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
19a. Acknowledges the recent reforms in the football transfer market, which include the establishment of a clearing house, licensing system and caps on agents’ commissions;
Amendment 76 #
2021/2058(INI)
Motion for a resolution
Paragraph 19 b (new)
Paragraph 19 b (new)
19b. Notes that European frameworks are also necessary to improve player transfer systems and calls on relevant sports bodies and stakeholders to ensure the protection of players and strengthen labour market regulations to meet European specificities, standards and objectives;
Amendment 88 #
2021/2058(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Calls on the Commission and the Member States to ensure that sports policy and legislation support gender equality, with particular attention to media coverage, remuneration gaps, award disparities and harassmentgender based violence such as harassment and sexual assault, media coverage, wage disparities and premium pay disparities;
Amendment 89 #
2021/2058(INI)
Motion for a resolution
Paragraph 23 a (new)
Paragraph 23 a (new)
23a. Calls on the Commission to examine, in particular, the possibility of proposing legislative acts in this area with a view to significantly improving the remuneration of women in sport, reducing the financial differentials between the gender and increasing the visibility of women's sport, particularly in media;
Amendment 91 #
2021/2058(INI)
Motion for a resolution
Paragraph 23 b (new)
Paragraph 23 b (new)
23b. Calls on national sports federations to equalise premium payments for female and male athletes, following the example of the Football Association of Ireland (FAI);
Amendment 93 #
2021/2058(INI)
Motion for a resolution
Paragraph 23 c (new)
Paragraph 23 c (new)
23c. Calls on international, European and national sports organisations and stakeholder representative organisations to take action to overcome the under- representation of women in leadership positions and on boards;
Amendment 95 #
2021/2058(INI)
Motion for a resolution
Paragraph 23 d (new)
Paragraph 23 d (new)
23d. Calls on the Member States to adopt special support measures to enable children from socially disadvantaged families to have access to sports that involve particularly high costs; notes with concern that many children in particular are excluded from participating in winter sports due to the high cost of purchasing equipment and the expensive fees for using the largely privately owned infrastructure;
Amendment 101 #
2021/2058(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Calls on the Commission to recognise the importance and support the social inclusion of refugees, ethnic minorities and the LGBTQI+ community in sport; underlines that the visibility of the LGTBQI+ collective in sport remains a task to be developed, given the significant social weight that elite sport has in society and the positive social impact that can be achieved through increased publicity;
Amendment 106 #
2021/2058(INI)
Motion for a resolution
Paragraph 25 a (new)
Paragraph 25 a (new)
25a. Condemns the racist and discriminatory incidents at major international sporting events, but also in grassroots sport, and urges the Commission, the Member States and the federations to develop measures to prevent such incidents and to adopt effective penalties and measures to support the victims of racist violence;
Amendment 110 #
2021/2058(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
26. Calls on the Member States to step up efforts towards the inclusion in sports activities and programmes of persons with mental and physical disabilities, and to increase visibility in the media of competitions involving athletes with disabilities;
Amendment 113 #
2021/2058(INI)
Motion for a resolution
Paragraph 26 a (new)
Paragraph 26 a (new)
26a. Stresses that sport for people with disabilities not only faces a lack of media attention, but also a lack of funding and inadequate infrastructure for athletes; calls on Member States to pay particular attention to these shortcomings and to take measures to remove all barriers to access to sports opportunities for people with disabilities;
Amendment 114 #
2021/2058(INI)
Motion for a resolution
Paragraph 26 a (new)
Paragraph 26 a (new)
26a. Recalls that the EU population faces demographic challenges such as an ageing population, and that specific attention should be paid to encouraging active ageing through physical activity;
Amendment 118 #
2021/2058(INI)
Motion for a resolution
Paragraph 27 a (new)
Paragraph 27 a (new)
27a. Insists that young athletes originating from developing countries must benefit from a proper legal status in Europe and support with the assessment and monitoring of their contracts;
Amendment 123 #
2021/2058(INI)
Motion for a resolution
Paragraph 28
Paragraph 28
28. Calls on theUrges Member States and public authorities to develop sports infrastructure and to comprehensively increase the amount of physical education and extracurricular physical activities in schools; Underlines the need to include a daily sports lesson in the curricula of compulsory schools in all Member States;
Amendment 135 #
2021/2058(INI)
Motion for a resolution
Paragraph 31
Paragraph 31
31. Highlights the role of coaches and sport staff in developing the skills of and in educating young peoplechildren and young people and stresses that the adequate training plays a key role in encouraging participation in sport and in ensuring a safe environment for all;
Amendment 137 #
2021/2058(INI)
Motion for a resolution
Paragraph 31 a (new)
Paragraph 31 a (new)
31a. Reiterates that young European athletes often face the challenge of reconciling their sporting careers with their training or professional activities; underlines the importance of dual training or higher education for young European athletes, particularly in terms of long-term social and professional security; Reiterates its call on the Commission, Member States, sports federations and clubs to promote dual training through vocational education and training and higher education for young European athletes, in particular for aspiring professional athletes, in all Member States and in all sports at an early stage and in the long term, to intensify European exchanges on best practices, and calls on the Commission to consider activating the new Erasmus+ programme for the cross-border mobility of athletes in dual training;
Amendment 138 #
2021/2058(INI)
Motion for a resolution
Paragraph 31 a (new)
Paragraph 31 a (new)
31a. Calls on the Commission and Member States to develop common standards at the European level to ensure that all coaches have the appropriate skills and training to coach children and young people;
Amendment 139 #
2021/2058(INI)
Motion for a resolution
Paragraph 32 a (new)
Paragraph 32 a (new)
32a. Notes that traditional sports must be protected and particularly promoted as part of the European cultural heritage and regional identity;
Amendment 140 #
2021/2058(INI)
Motion for a resolution
Paragraph 33
Paragraph 33
33. CRecognises the valuable contributions that sports volunteers bring to a society and calls on the Commission and the Member States to create a system for the recognition of qualifications gained by volunteers, including coaches working as volunteers;
Amendment 148 #
2021/2058(INI)
Motion for a resolution
Paragraph 34
Paragraph 34
34. Insists on the need for support mechanisms to get the sport sector back on track in the wake of COVID-19, including through national support funds, the Recovery and Resilience Facility and the structural funds;
Amendment 154 #
2021/2058(INI)
Motion for a resolution
Paragraph 35
Paragraph 35
35. Stresses the need to further increase funding for sport, especially in grassroots sport, women’s sport, para-sport and the field of education;
Amendment 168 #
2021/2058(INI)
Motion for a resolution
Paragraph 36
Paragraph 36
36. Welcomes the higher budget for sport under the new Erasmus+ programme and supports further synergies between programmes and funds and make a better use of this tool to support recovery in sport;
Amendment 170 #
2021/2058(INI)
Motion for a resolution
Paragraph 36 a (new)
Paragraph 36 a (new)
36a. Highlights the importance of the preparatory actions and pilot projects in the field of sport which provide additional funding for grassroots sport and give promising results;
Amendment 171 #
2021/2058(INI)
Motion for a resolution
Paragraph 36 a (new)
Paragraph 36 a (new)
36a. Urges the EU institutions to considerably increase the percentage of budget dedicated to grassroots sport under the Erasmus+ Programme in the new financial perspective;
Amendment 172 #
2021/2058(INI)
Motion for a resolution
Paragraph 36 b (new)
Paragraph 36 b (new)
36b. Urges the EU institutions to considerably increase the percentage of budget dedicated to grassroots sport under the Erasmus+ Programme in the new financial perspective;
Amendment 175 #
2021/2058(INI)
Motion for a resolution
Paragraph 38
Paragraph 38
38. Calls on national, regional and local authorities to recognise the key role of sport and physical activity in fields such as urban regeneration, tourism and territorial cohesion and to prioritise them in cohesion policy a, specifically on European Social Fund Plus and on European Regional and Development Fund investments and under the Recovery and Resilience Facility;
Amendment 188 #
2021/2058(INI)
Motion for a resolution
Paragraph 43 a (new)
Paragraph 43 a (new)
43a. Calls on the Commission and Member States to take into account safety measures to prevent sexual assault when planning, building and maintaining sports infrastructures;
Amendment 198 #
2021/2058(INI)
Motion for a resolution
Paragraph 46 a (new)
Paragraph 46 a (new)
46a. Calls on the Commission to effectively tackle the growing problem of illegal streaming of live sport events without delay;
Amendment 5 #
2021/2057(INI)
Motion for a resolution
Citation 5 a (new)
Citation 5 a (new)
— having regard to Framework Decision 2008/913/JHA on combating racism and xenophobia,
Amendment 6 #
2021/2057(INI)
Motion for a resolution
Citation 6 a (new)
Citation 6 a (new)
Amendment 7 #
2021/2057(INI)
Motion for a resolution
Citation 6 b (new)
Citation 6 b (new)
— having regard to the Commission communication of 12 November 2020 entitled ‘A Union of Equality: LGBTIQ Equality Strategy 2020-2025’,
Amendment 8 #
2021/2057(INI)
Motion for a resolution
Citation 6 c (new)
Citation 6 c (new)
— having regard to the Commission communication of 3 March 2021 entitled ‘A Union of Equality: Strategy for the rights of Persons with Disabilities 2021- 2030’,
Amendment 9 #
2021/2057(INI)
— having regard to the Council conclusions of 15 November 2018 on the Work Plan for Culture 2019-20223a _________________ 3a OJ C 460, 21.12.2018, p. 12.
Amendment 10 #
2021/2057(INI)
Motion for a resolution
Citation 6 e (new)
Citation 6 e (new)
— having regard to the EU Roma strategic framework for equality, inclusion and participation for 2020 – 20304a, _________________ 4a https://ec.europa.eu/info/sites/default/files /eu_roma_strategic_framework_for_equal ity_inclusion_and_participation_for_2020 _-_2030_0.pdf
Amendment 11 #
2021/2057(INI)
Motion for a resolution
Citation 6 f (new)
Citation 6 f (new)
Amendment 12 #
2021/2057(INI)
Motion for a resolution
Citation 7 a (new)
Citation 7 a (new)
— having regard to the Council recommendation of 22 May 2018 on promoting common values, inclusive education, and the European dimension of teaching,
Amendment 14 #
2021/2057(INI)
Motion for a resolution
Citation 8 a (new)
Citation 8 a (new)
— having regard to the Council recommendation of 12 March2021 on Roma equality, inclusion and participation,
Amendment 15 #
2021/2057(INI)
Motion for a resolution
Citation 9 a (new)
Citation 9 a (new)
— having regard to Communication from the Commission to the European Parliament and the Council - A Union of Equality: EU Roma strategic framework for equality, inclusion and participation 2020 - 2030,
Amendment 16 #
2021/2057(INI)
Motion for a resolution
Citation 9 b (new)
Citation 9 b (new)
— having regard to European Parliament resolution of 26 March 2019 on fundamental rights of people of African descent in Europe (2018/2899(RSP)),
Amendment 17 #
2021/2057(INI)
Motion for a resolution
Citation 9 c (new)
Citation 9 c (new)
— having regard to European Parliament resolution of 19June 2020 on the anti-racism protests following the death of George Floyd (2020/2685(RSP)),
Amendment 23 #
2021/2057(INI)
Motion for a resolution
Citation 17 a (new)
Citation 17 a (new)
— having regard to Regulation (EU)2021/1057 of the European Parliament and of the Council of 24 June 2021 establishing the European Social Fund Plus and repealing Regulation (EU) No1296/2013,
Amendment 25 #
2021/2057(INI)
Motion for a resolution
Citation 17 b (new)
Citation 17 b (new)
— having regard to the proposal for a regulation of the European Parliament and of the Council laying down harmonised rules on artificial intelligence (Artificial Intelligence Act) and amending certain Union legislative acts COM (2021) 206 final,
Amendment 26 #
2021/2057(INI)
Motion for a resolution
Citation 17 c (new)
Citation 17 c (new)
— having regard to the 2021/2058(INI) European Parliament report on EU sports policy: assessment and possible ways forward of 8 November 2021,
Amendment 27 #
2021/2057(INI)
Motion for a resolution
Citation 17 d (new)
Citation 17 d (new)
— having regard to the (2020/2243(INI)) European Parliament report on the European Education Area: a shared holistic approach of 11 November 2021,
Amendment 28 #
2021/2057(INI)
Motion for a resolution
Citation 17 e (new)
Citation 17 e (new)
— having regard to the European Parliament study on The role of culture, education, media and sport in the fight against racism, PE 690.905, October 2021,
Amendment 29 #
2021/2057(INI)
Motion for a resolution
Citation 17 f (new)
Citation 17 f (new)
Amendment 30 #
2021/2057(INI)
Motion for a resolution
Citation 17 g (new)
Citation 17 g (new)
— having regard to the ECRI roadmap to effective equality of 27 September 2019
Amendment 31 #
2021/2057(INI)
Motion for a resolution
Citation 17 h (new)
Citation 17 h (new)
— having regard to the EC 6th evaluation of the Code of Conduct on countering illegal hate speech online,
Amendment 32 #
2021/2057(INI)
— having regard to United Nations Sustainable Development Goals, Goal 10: Reduce inequality within and among countries,
Amendment 33 #
2021/2057(INI)
Motion for a resolution
Citation 17 j (new)
Citation 17 j (new)
— having regard to the Conference on the Future of Europe,
Amendment 34 #
2021/2057(INI)
Motion for a resolution
Citation 17 k (new)
Citation 17 k (new)
— having regard to the European Pillar of Social Rights, Pillar 3, Equal Opportunities,
Amendment 35 #
2021/2057(INI)
Motion for a resolution
Citation 17 l (new)
Citation 17 l (new)
— having regard to the European Regulators Group for Audiovisual Media Services (ERGA) Recommendations for the New Code of Practice on Disinformation, October 2021,
Amendment 44 #
2021/2057(INI)
Motion for a resolution
Recital A a (new)
Recital A a (new)
Aa. whereas the EU is built on diversity, pluralism, tolerance, and non- discrimination; whereas discrimination on the grounds of racial or ethnic origin is prohibited in the Union,
Amendment 46 #
2021/2057(INI)
Motion for a resolution
Recital A b (new)
Recital A b (new)
Ab. whereas discrimination and racism undermine human dignity, life opportunities, prosperity, well-being, and often safety; whereas racist stereotypes have a hold on attitudes and a tendency to self-perpetuate,
Amendment 47 #
2021/2057(INI)
Motion for a resolution
Recital A c (new)
Recital A c (new)
Ac. whereas the EU anti-racism action plan 2020-2025 outlines structural racism as the discriminatory behaviours which can be embedded in social, financial and political institutions, impacting on the levers of power and on policy-making,
Amendment 48 #
2021/2057(INI)
Motion for a resolution
Recital A d (new)
Recital A d (new)
Ad. whereas the United Nations Human Rights Office of the High Commissioner defines structural discrimination as the rules, norms, routines, patterns of attitudes and behaviour in institutions and other societal structures that represent obstacles to groups or individuals in achieving the same rights and opportunities that are available to the majority of the population,
Amendment 53 #
2021/2057(INI)
Motion for a resolution
Recital B
Recital B
B. whereas according to the EU Agency for Fundamental Rights surveys1a, racial discrimination and harassment remain commonplace throughout the European Union; whereas racial and ethnic minorities arein particular are too often subjected to harassment, violence and hate speech, both online and offline; whereas racial and ethnic minorities face structural discrimination in the EU in all areas, including housing, healthcare, employment and education; _________________ 1a FRA surveys: Second European Union Minorities and Discrimination Survey – main results (2017); Second European Union Minorities and Discrimination Survey. Muslims – Selected findings (2017); Experiences and perceptions of antisemitism - Second survey on discrimination and hate crime against Jews in the EU (2018); Second European Union Minorities and Discrimination Survey Roma – Selected findings (2016); Being Black in the EU (2018).
Amendment 67 #
2021/2057(INI)
Motion for a resolution
Recital D
Recital D
D. whereas the fight against offline and online racism and discrimination in our societies needs to be stepped up and is a shared responsibility; whereas the European Union needs to further reflect on and commit to tackling the structural racism and discrimination faced by many minority groups;
Amendment 72 #
2021/2057(INI)
Motion for a resolution
Recital D a (new)
Recital D a (new)
Da. whereas the way in which people, regardless their racial or ethnic background, are portrayed in the media can reinforce negative stereotypes with racial connotations; whereas the cultural sector and media have the power to promote inclusion and fight racism and such stereotypes;
Amendment 74 #
2021/2057(INI)
Motion for a resolution
Recital E
Recital E
E. whereas schools have an instrumental role in reducing racial stereotyping and prejudice among children; whereas access to education and educational attainment is an issue for racialised communities throughout Europe; whereas segregation in education remains an issue in certain Member States;
Amendment 82 #
2021/2057(INI)
Motion for a resolution
Recital F
Recital F
F. whereas it is important for children and young people to see that they are represented throughout society, including in the classroomeducation received and on the media that they use;
Amendment 83 #
2021/2057(INI)
Motion for a resolution
Recital F a (new)
Recital F a (new)
Fa. whereas disinformation often targets minorities and instigates social unrest; whereas independent and pluralistic media that promotes balanced narratives foster inclusive societies;
Amendment 84 #
2021/2057(INI)
Motion for a resolution
Recital F b (new)
Recital F b (new)
Fb. whereas sport plays a key role in the social, cultural and educational life of European citizens and promotes values such as democracy, respect, solidarity, diversity and equality; whereas sport serves as a vector for integration, and it must be open to all regardless of racial or ethnic origin, age, gender, disability or cultural and socioeconomic background;
Amendment 88 #
2021/2057(INI)
Motion for a resolution
Recital G
Recital G
G. whereas although sport has the power to unite communities, there is a serious issue of racism within sporting organisations across Europemany sporting organisations across Europe encounter challenges related to racism ;
Amendment 93 #
2021/2057(INI)
Motion for a resolution
Recital H
Recital H
H. whereas quality data collection has been proven to be the most effective way tois essential to design, adapt, monitor, and analyse social problems both quantitatively and qualitatively, and to develop evidence- based public policy responses, as well as to benchmark and assess the efficiency of policy responses to those problems;
Amendment 102 #
2021/2057(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Acknowledges the EU anti-racism action plan; welcomes the inclusion of specifica dedicated sections on education and mediaspecific references to media, sports and culture; calls on the Commission to provide adequate funding and resources to ensure the achievement of the outlined commitments;
Amendment 104 #
2021/2057(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Highlights that European societies host an increasing cultural diversity and a growing share of foreign-born populations and their descendants; believes that culture, education and sports are fundamental to foster an open society welcoming to all; considers important to acknowledge the contribution and legacy of these populations throughout history to European culture and knowledge;
Amendment 107 #
2021/2057(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Notes with concern the lack of agreement at the Council on the Proposal for a Council Directive on implementing the principle of equal treatment between persons irrespective of religion or belief, disability, age or sexual orientation, COM(2008) 426 final from 2 July 2008; backs the Commission to encourage progress toward the required unanimity in the Council to adopt this proposal;
Amendment 108 #
2021/2057(INI)
Motion for a resolution
Paragraph 2 b (new)
Paragraph 2 b (new)
Amendment 109 #
2021/2057(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. WRecalls that, due to the possibility to adapt concrete actions to their own circumstances, national action plans are an effective tool to respond against racism, racial/ethnic discrimination and related intolerance; regrets that only 15 Member States2a have such plans; welcomes the Commission’s dedication to ensuring that Member States develop and adopt national action plans against racism and racial discrimination; calls for specific targets on culture, education, media and sport to be included in the development of those plans; _________________ 2a In 2019, according to the 2020 FRA report, June 2020.
Amendment 110 #
2021/2057(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Welcomes the Commission’s dedication to ensuring that Member States develop national action plans against racism and racial discrimination; welcomes the Commission’s plan to publish Common Guiding Principles for the implementation of national action plans against racism and racial discrimination as well as other tools to assist efforts at the national level; calls for specific targets on culture, education, media and sport to be included in the development of those plans;
Amendment 116 #
2021/2057(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Welcomes the publication and implementation of specific EU guidelines on the collection of equality data based on racial or ethnic origin; calls on the Member States to adapt national statistics and to remove barriers in order to facilitate the collection of quality data on equalityimprove the collection of and access to disaggregated and country-specific quality data on equality, fit for analysis and benchmarking ; calls on Member States to ensure that such data is accessible for independent research, in full respect of the GDPR and ePrivacy regulation; calls on the Commission and the Member States to use this data to develop policies to attain racial justice;
Amendment 124 #
2021/2057(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Welcomes the commitment to diversity and inclusion within Erasmus+, Creative Europe, the European Solidarity Corps, and the Citizens, Equality, Rights and Values programme; calls on the Commission to ensure that the recently published inclusion strategies are mainstreamed across all educational, cultural, media and sporting initiatives; calls on the Commission and Member States to make the programmes accessible for those who are the most disadvantaged;
Amendment 125 #
2021/2057(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Welcomes the commitment to diversity and inclusion within Erasmus+, Creative Europe, the European Solidarity Corps, and the Citizens, Equality, Rights and Values, and the New European Bauhaus programmes; calls on the Commission to ensure that the recently published inclusion strategies are mainstreamed across all educational, cultural, media and sporting initiatives and monitor their actual implementation and impact;
Amendment 130 #
2021/2057(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Encourages further collaboration between the Council of Europe - European Commission against Racism and Intolerance (ECRI), equality bodies in Member States, NGOs, governments and stakeholders, in particular those representing the concerns of individuals and groups affected by racism and racial discrimination. More specifically, calls on Member States to implement ECRI’s recommendations in full;
Amendment 133 #
2021/2057(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Calls on the Commission and Member States to reinforce their support to the United Nations Alliance of Civilizations with a view to strengthen international, intercultural and interreligious dialogue and cooperation;
Amendment 134 #
2021/2057(INI)
Motion for a resolution
Paragraph 6 b (new)
Paragraph 6 b (new)
6b. Calls on Member States to foster helplines, mediation bodies and staff training to properly address and report on violence or other incidents of racial or ethnic nature in the educational, cultural, media and sport sectors;
Amendment 135 #
2021/2057(INI)
Motion for a resolution
Paragraph 6 c (new)
Paragraph 6 c (new)
6c. Reminds the importance of granting equal access to quality education, as well as to extracurricular activities such as cultural and sports activities for children from all backgrounds;
Amendment 139 #
2021/2057(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Acknowledges that racism is inherently a matter of culture, heritage and norms; highlights, therefore, the role that culturedeeply embedded in our societies’ history, intertwined with its cultural roots and norms; highlights, therefore, that promoting cultural and linguistic diversity can playhelp in combating racism and discrimination and racism;
Amendment 140 #
2021/2057(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Acknowledges that racism is inherently a matter of culture, heritage and norms; highlights, therefore, thee powerful role that culture can playhas in combating discrimination and racism;
Amendment 144 #
2021/2057(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Notes the huge contribution to cultural and linguistic diversity in Europe thanks to the presence of diverse communities;
Amendment 145 #
2021/2057(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. CRegrets the existence of barriers to the participation of minorities in culture, namely stereotypes, prejudices or ghettoization; calls for the Commission and the Member States to foster a more diverse cultural sector by removing barriers toinitiatives towards a more diverse participation in the culture for racialised communital sector by removing such barriers through funding from all the relevant programmes; encourages backing up existing channels and the creation of support networks and outreach activities, especiallyincluding for those in suburban, rural and outermost regions;
Amendment 154 #
2021/2057(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Calls on the Member States to launch initiatives, such as cultural vouchers or similar efforts, aiming to encourage the participation of groups of diverse racial and ethnic background in cultural events;
Amendment 156 #
2021/2057(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Calls on the Commission and the Member States to improve the sharing of best practices, monitoring and evaluation, including by testing and sharing participatory tools, which can demonstrate the effects of promoting inclusion and non- discrimination and combating racism through culture and help to create more inclusive policies;
Amendment 157 #
2021/2057(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Calls on the Commission and the Member States to improve monitoring and, evaluation and exchange of best-practices, including by testing and sharing participatory tools, which can demonstrate the effects of promoting inclusion and non- discrimination and combating racism through culture and help to create more inclusive policies;
Amendment 161 #
2021/2057(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Welcomes the recent report by the Open Method of Cooperation (OMC) Working Group of Member States’ Experts on gender equality in the cultural and creative sectors; calls on the OMC Working Group to produce a study on the role that culture and the creative sector plays in promoting racial equality within the cultural and creative sectors;
Amendment 163 #
2021/2057(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Welcomes the inclusion of the people and places most in need as one of the strategic axes of the New European Bauhaus; asks that this initiative takes into account the social inclusion of immigrants in order to give them equal access to opportunities;
Amendment 165 #
2021/2057(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
Amendment 169 #
2021/2057(INI)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. Acknowledges the decisive role of education and training to tackle racism and discrimination, as well as to build inclusive societies; highlights the role of the new European Education Area in the fight against all forms of discrimination inside and outside the classroom, especially in the development of a quality and inclusive educational space;
Amendment 172 #
2021/2057(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Underlines the lasting negative impact of European colonialism on today’sSuggests the revision of the educational curricula content to explain with a focussed approach the past of our societyies, including in the development of educational curriculathe history of colonialism, and help understand its relation to the present in order to contribute to the eradication of stereotypes that currently lead to discrimination;
Amendment 174 #
2021/2057(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Underlines the lasting negative impact of European colonialismparticular elements of European history including colonialism, slavery and genocide on today’s society, including in the development of educational curricula;
Amendment 180 #
2021/2057(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12a. Underlines the importance of building synergies between citizenship education actions at European level and EU policies fighting racism and discrimination, believes that these areas should be integral parts of the citizenship education curricula;
Amendment 183 #
2021/2057(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Calls onEncourages the Member States to foster the development of diverse educational curricula and educational tools or activities to ensure that authors, historians, scientists and artists among other figures from diverse racial and ethnic backgrounds are included in key materials;
Amendment 184 #
2021/2057(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Calls on the Member States to foster the development of diverse educational curricula to ensure that authors, historians, scientists and, artists amongnd other prominent figures from diverse racial and ethnic backgrounds are included in them as well as in other key materials;
Amendment 188 #
2021/2057(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Calls on the Commission to foster research on early warning systems and effective pedagogical approaches to fight racism and discrimination in schools, taking into account best practices existing in Europe, and to promote the dissemination of results with the goal to eradicate bulling based on racial grounds;
Amendment 193 #
2021/2057(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Calls for the history of all racial and ethnic communities living in Europe to be included in allwith a focussed approach in applicable history curricula in order to encourage a broadern the perspective on world history centred, and acquire a better understanding onf the interactions between different continents before and after European colonisation;
Amendment 200 #
2021/2057(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Calls on Member States to actively combat bias in school books, educational tools, kids and youth movies, news programmes for kids and youth, and sports; calls on Member States to include these targets in the implementation of the European Year of Youth 2022;
Amendment 203 #
2021/2057(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. DeploreStrongly condemns the practice of racial and ethnic segregation in schools, which is still in existence in Europe; warns that such practices lead to marginalisation, early dropout, low enrolment rate, the creation of parallel social spaces, perpetuates structural discrimination and hampers equal access to quality life; calls on all Member States to introduce policies to prevent children fromstudents, from preschool to higher education, belonging to minority groups from being placed in separate schools, education institutions or classes, whether intentionally or not;
Amendment 207 #
2021/2057(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Deplores the practice of segregation in schoolseducation; calls on all Member States to introduce or reinforce inclusive policies to prevent children from minorityarginalised groups from being placed in separate schools or classes, whether intentionally or not;
Amendment 211 #
2021/2057(INI)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15a. Decries the structural discrimination suffered by thousands of refugee children in Europe that have had little or no access to education; affirms that segregated classes in reception camps, often run by volunteers, cannot be a substitute for schooling; calls for the compulsory education of refugee children in the school system of the host country as a requisite for accessing EU funding in the field of migration;
Amendment 218 #
2021/2057(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Calls on the Member States to ensure that teaching staff from minority groups are recruitedhave equal access to teaching and education jobs at all levels and are protected from racial discrimination in the school system;
Amendment 225 #
2021/2057(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16a. Calls for all educators and youth workers to be given time to partake in Initial Teacher Education and Continuous professional development focused on teaching in a multicultural, multiracial context including training on unconscious bias;
Amendment 226 #
2021/2057(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
Amendment 227 #
2021/2057(INI)
Motion for a resolution
Paragraph 16 b (new)
Paragraph 16 b (new)
16b. Stresses the importance of remembrance activities in Citizens, Equality, Rights and Values (CERV) Programme and the need for sufficient funding and visibility for projects aiming to remember, research and educate about defining events in recent European history, and at raising awareness among European citizens, of their common history, culture, cultural heritage and values, thereby enhancing their understanding of the Union, its origins, purpose and diversity;
Amendment 228 #
2021/2057(INI)
Motion for a resolution
Paragraph 16 b (new)
Paragraph 16 b (new)
16b. Acknowledges the positive effects of mobility programmes, such as Erasmus+, on educational, social, personal and professional development, as well as on fostering the understanding of other people; encourages the continuous endorsement of such programmes;
Amendment 229 #
2021/2057(INI)
Motion for a resolution
Paragraph 16 c (new)
Paragraph 16 c (new)
16c. Underlines the value of EU citizenship education for mutual understanding and social cohesion, as already reflected in citizen’s input to the Conference on the Future of Europe (CoFoE) and take in consideration its upcoming 2022 conclusions;
Amendment 230 #
2021/2057(INI)
Motion for a resolution
Paragraph 16 e (new)
Paragraph 16 e (new)
16e. Stresses the importance of the recognition of non-formal and informal education, as well as the automatic recognition of diplomas and qualifications as key tools to open up opportunities for individuals from racial and ethnic groups, counter structural racism and discrimination, and foster diversity;
Amendment 231 #
2021/2057(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Recognises the importance of role models in educational attainment; encourages the creation of a pan- Europeanpublicly accessible platforms of individuals and collectives of people from racial and ethnic minority backgrounds who can share their experiences with learners;
Amendment 240 #
2021/2057(INI)
Motion for a resolution
Paragraph 17 c (new)
Paragraph 17 c (new)
Amendment 242 #
2021/2057(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Underlines the importance of representation and diversity in the development of inclusive societies; reminds the responsibility of media in reflecting societies in all their diversity, and regrets the lack of racial and ethnic diversity in many media; calls on the relevant stakeholders to address diversity and representation within their organisations; regrets the lack of racial and ethnic diversity in the media including by creating a responsible figure for diversity;
Amendment 246 #
2021/2057(INI)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18a. Welcomes the task assigned to of the European Digital Media Observatory in tackling disinformation and actions targeting minority communities; stresses the crucial effects that media literacy campaigns and initiatives may have in mitigating racial discrimination narratives spread through disinformation;
Amendment 247 #
2021/2057(INI)
Motion for a resolution
Paragraph 18 b (new)
Paragraph 18 b (new)
18b. Urges the Commission to ensure that the definition of hate speech, regardless if it happens offline or online, and the criminalisation of hate crime is fully and correctly transposed into Member States’ national law, and launch infringement procedures where necessary;
Amendment 248 #
2021/2057(INI)
Motion for a resolution
Paragraph 18 c (new)
Paragraph 18 c (new)
18c. Welcomes the sixth evaluation of the code of conduct on countering illegal hate speech online and the progress on removing online hate speech; regrets that while the average of notifications reviewed within 24 hours remains high (81%), it has decreased compared to 2020 (90.4%), and that, at 62.5%, the average removal rate was lower than in 2019 and 2020; urges the Commission to continue the cooperation with platforms to eliminate hate of speech on their content, and improve on removal rate, transparency and feedback to users;
Amendment 249 #
2021/2057(INI)
18d. Shows concern over the spread of AI-and-algorithm-enabled hate speech and disinformation hosting racial and discriminatory content; notes that such hate speech and disinformation unleashes an immediate disruptive effect in our societies; calls for efforts towards countering such activities, notably by designing AI and algorithms for this purpose, with the ultimate goal to halt the surge and the implications of such hate speech and disinformation;
Amendment 250 #
2021/2057(INI)
Motion for a resolution
Paragraph 18 e (new)
Paragraph 18 e (new)
18e. Observes the generalised use of English language in the development, deployment and use of AI, including in content filters; alerts that online hate speech occurs also in languages different than English, and that in such cases the efficacy of content filters decreases; calls for measures to fight hate speech in all languages;
Amendment 251 #
2021/2057(INI)
18f. Asks for initiatives aiming to broaden media professionals’ literacy on diversity and inclusiveness issues for better reflecting the independent and pluralistic nature of their task, and contributing to building inclusive societies;
Amendment 254 #
2021/2057(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Welcomes the Commission’s commitment to launching a communication campaign to foster off-and on-screen, off- and on-air diversity in the audiovisual sector; calls for this campaign to be centred on the diversity and history of racialised communities and on how achieving racial justice can contribute to a more cohesive, peaceful and democratic Europe;
Amendment 255 #
2021/2057(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Welcomes the Commission’s commitment to launching a communication campaign to foster diversity in the audiovisual sector; calls for this campaign to be centred oninclude the diversity and history of racialised communities, and ons well as other marginalised communities, and to highlight how achieving racial justice can contribute to a more democratic Europe for all;
Amendment 265 #
2021/2057(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Notes that some Member States have audiovisual regulatory bodies with the power to issue sanctions following programmes that show discriminatory or racist content; encourages the Member States to empower their regulatory agencies in this sense; calls for the European Regulators Group for Audiovisual Media Services to be given a greater role inaccess resources to properly coordinatinge the national agencies andin collecting and sharing dataquality data, as well as in monitoring such task;
Amendment 271 #
2021/2057(INI)
22. Recalls the acknowledgement of sport as a driver of social inclusion, equality and the promotion of EU values in the Erasmus+ regulation; laments the fact that the most recent regulation does not make the same explicit reference to racism as the previous programme, and salutes the reflection of such role in the EU action on sport and the Erasmus+ programme; ; welcomes the EU and state funds to enable the participation of persons in poverty, especially persons from minorities and children, in sports activities;
Amendment 278 #
2021/2057(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Calls on the Commission to open a specific call for funding for grassroots sports initiatives focused on inclusion and the fight against racism; calls on the Commission, furthermore, to systematically monitor the number and type of sports projects whose main focus is the fight against racism,assess grassroots sports initiatives funded by the EU and their impact on inclusion as well as on addressing race and ethe amount of funding allocated to themnic understanding;
Amendment 280 #
2021/2057(INI)
Motion for a resolution
Paragraph 23 a (new)
Paragraph 23 a (new)
23a. Welcomes the efforts made by NGOs and grassroots organisations in various member states to use sports as a means of bringing people together and fostering collective memory with the aim of building respect and inclusion; calls on the Commission to develop a database of best practices in the areas of sports education and media so as to foster their development across the union;
Amendment 282 #
2021/2057(INI)
Motion for a resolution
Paragraph 23 a (new)
Paragraph 23 a (new)
23a. Urges the international, European and national sports governing bodies and stakeholders to implement measures on diversity and inclusion, in particular to address the low numbers of women and ethnic minorities in leadership positions and on boards;
Amendment 284 #
2021/2057(INI)
Motion for a resolution
Paragraph 23 b (new)
Paragraph 23 b (new)
23b. Calls on the Commission to recognise the importance and support the social inclusion of persons with fewer opportunities, refugees, ethnic minorities and the LGBTQI+ community in sport, leaving no one behind;
Amendment 290 #
2021/2057(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Urges the Commission to develop an EU code of ethics in sport in order to combat racism in sporting organisations and foster inclusion and respect at all levels of sport; invites sporting organisations at all levels to subscactively contribute to such an EU code code making, to subscribe to it and to incorporate it within their statutes; encourages organisations to raise awareness of such a code and its content among their members and their families, and the wider public;
Amendment 7 #
2021/2019(INI)
Motion for a resolution
Recital E
Recital E
E. whereas, however, the overall number of petitions remains modest in relation to the total population of the EU, revealing that efforts still need to be stepped up even more to increase citizens’ awareness about their right to petition and encourage them to exercise it; whereas, in exercising the right to petition, citizens expect that the EU institutions will provide added value in finding a solution to their problems;
Amendment 9 #
2021/2019(INI)
Motion for a resolution
Recital I
Recital I
I. whereas the right to petition offers Parliament the opportunity to enhance its responsiveness to complaints and concerns relating to the respect for EU fundamental rights and compliance with EU legislation in the Member States; whereas petitions are therefore a useful source of information on instances of misapplication or breaches of EU law and, thus, enable Parliament and other EU institutions to assess the transposition and application of EU law and its possible impact on the rights of EU citizens and residents;
Amendment 15 #
2021/2019(INI)
Motion for a resolution
Recital K a (new)
Recital K a (new)
Ka. whereas the partisan use of the Committee on Petitions can lead to its inappropriate use and, therefore, to the deterioration of citizens' trust in this body and in the rest of the European institutions; whereas the discussions of the Committee on Petitions are sometimes used to address national or regional issues outside the scope of competence attributed by the Treaties and that the study of petitions is exclusively conditioned by criteria of majorities, ignoring the minorities and thus preventing serious debates or complaints;
Amendment 16 #
2021/2019(INI)
Motion for a resolution
Recital K b (new)
Recital K b (new)
Kb. whereas petitions are frequently substantiated without gathering the necessary information for a correct and detailed analysis and often, they are subject to debate in the Committee on Petitions without the required reply from the European Commission and that this hinders the work of the members of the Petitions Committee;
Amendment 18 #
2021/2019(INI)
Motion for a resolution
Recital N
Recital N
N. whereas the main subjects of concern raised in petitions submitted in 2020 relate to fundamental rights (in particular the impact of COVID-19 emergency measures on the rule of law and democracy, as well on the freedom of movement, the right to work, the right to information and the right to education, as well as a large number of petitions related to LGBTQ+ rights in the Union), health (notably questions on the public health crisis resulting from the pandemic, ranging from the protection of citizens’ health, including treatments and protective equipment, to the management of the health crisis in the Member States and the acquisition and distribution of vaccines), the environment (mostly mining activities and their impact on the environment, nuclear safety, air pollution and the deterioration of natural ecosystems), justice (notably issues related to access to justice or alleged procedural irregularities or concerns over the rule of law and the independence of the judiciary in the Member States, along with cross-border cases of child abduction and custody rights), education (in particular questions related to discriminatory access to education or contested national reform of the law on education), and the internal market (in particular questions relating to national travel restrictions in the context of the pandemic and their impact on the freedom of movement of persons within and outside the EU), in addition to many other areas of activity;
Amendment 23 #
2021/2019(INI)
Motion for a resolution
Recital Q
Recital Q
Q. whereas in 2020, the Committee on Petitions held just one fact-finding visit; whereas no other fact-finding visit could take place as a result ofdue to the situation caused by the pandemic and the decision taken by Parliament’s President to cancel parliamentary events, including delegations, as one of the necessary and precautionary measures adopted to reduce the spread of COVID-19 and minimise health risks for Parliament’s Members and staff;
Amendment 25 #
2021/2019(INI)
Motion for a resolution
Recital R a (new)
Recital R a (new)
Ra. whereas the European Commission has an essential role in the Committee on Petitions as guardian of the Treaties and the information provided by the petitioners is useful to discover possible breaches or misapplications of the European law;
Amendment 29 #
2021/2019(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Reiterates the importance of a continuous public debate on the Union’s fields of activity in order to ensure that citizens are correctly informed about the scope of the Union’s competences and the different levels of decision-making; calls, in this regard, for broader awareness raising campaigns, through the active involvement of the press and communications services, to help increase citizens’ knowledge about their right to petition, as well as the scope and limits of the Union’s responsibilities and the competences of the Committee on Petitions, with a view to reducing the number of inadmissible petitions;
Amendment 32 #
2021/2019(INI)
2a. Draws attention to the importance of involving journalists and media to avoid disinformation linked to the Petitions Committee and to bring European citizens the opportunity to receive neutral and truthful information about the work of the Committee on Petitions in line with the fight against disinformation promoted by the European Commission;
Amendment 35 #
2021/2019(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Points out that petitions constitute the door to the European institutions for citizens and a unique opportunity for Parliament and the other EU institutions to directly connect with EU citizens, know their problems and maintain a regular dialogue with them, particularly in cases where they are affected by the misapplication or breach of EU law; stresses the need for enhanced cooperation between the EU institutions and national, regional and local authorities on inquiries regarding the implementation of and compliance with EU law; believes that such cooperation is crucial to address and resolve citizens’ concerns over the application of EU law and contributes to strengthening the democratic legitimacy and accountability of the Union; calls, therefore, for the more active participation of Member States’ representatives in committee meetings and for swifter responses to the requests for clarification or information sent by the Committee on Petitions to the national authorities;
Amendment 39 #
2021/2019(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Calls on the European Commission to play a more active role in the Committee on Petitions to ensure a detailed and understandable response to the citizens of the Union;
Amendment 40 #
2021/2019(INI)
Motion for a resolution
Paragraph 3 b (new)
Paragraph 3 b (new)
3b. Underlines the need to respect the approach and point of view expressed by the European Commission in its replies to the Committee on Petitions and to respect its role as guardian of the Treaties;
Amendment 53 #
2021/2019(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Highlights the Committee on Petitions must respect the admissibility criteria established in Articles 226 and 227 of the Treaty on the Functioning of the European Union and in the Rules of Procedure of the European Parliament in order to avoid a partisan use of the Committee on Petitions and prevent an inappropriate response to the concerns and problems expressed by the petitioners;
Amendment 54 #
2021/2019(INI)
Motion for a resolution
Paragraph 5 b (new)
Paragraph 5 b (new)
5b. Recalls the agreements between the political groups represented in the Committee on Petitions are essential to provide a balanced and understandable response to the petitioners; regrets the lack of agreement experienced in the last year; expresses concern about the problems caused by partisan use of the Committee on Petitions;
Amendment 57 #
2021/2019(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Recalls that cooperation with other committees in Parliament is essential for the accurate and comprehensive treatment of petitions; notes that in 2020, 56 petitions were sent to other committees for opinion and 385 for information; welcomes the fact that 40 opinions and 60 acknowledgements of taking petitions into consideration in their work were received from other committees; recalls that petitioners are informed of the decisions to request opinions from other committees for the treatment of their petitions; calls on parliamentary committees to step up their efforts to actively contribute to the examination of petitions – by proving their expertise – and thus enable Parliament to respond more swiftly and comprehensively to citizens’ concerns; regrets that the PETI Network could not meet in 2020 due to the situation caused by the COVID-19 pandemic;
Amendment 66 #
2021/2019(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Highlights the decision taken during the first months of the pandemic to prioritize petitions related to COVID-19 in the Committee on Petitions in order to address properly the urgent demands expressed by European citizens during the first months of 2020;
Amendment 84 #
2021/2019(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Underlines that the Petitions Web Portal is an essential tool for ensuring a smooth, efficient and transparent petitions process; welcomes, in this regard, the improvements on data protection and on the security features which have made the portal more user-friendly and secure for citizens; stresses that efforts must be continued to make thegrant a portal morefully accessible to persons with disabilities, including by enabling the tabling of petitions in national sign languages;
Amendment 90 #
2021/2019(INI)
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
19a. Stresses the participation of citizens in the decision-making process of the Union is essential to achieve a more democratic, open and transparent Union; underlines the Committee on Petitions plays a fundamental role in involving European citizens in the activities of the Union and represents a discussion forum in which citizens can make their voice heard in the European institutions; calls on the European institutions to take into account the opinions and complaints expressed by the petitions in the policy making in order to give a better response to the problems of citizens from the European institutions;
Amendment 2 #
2021/2017(INI)
Motion for a resolution
Citation 5 a (new)
Citation 5 a (new)
— having regard to the Commission communication of 26 May 2021 to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions entitled ‘European Commission Guidance on Strengthening the Code of Practice on Disinformation’ (COM(2021)262),
Amendment 9 #
2021/2017(INI)
Motion for a resolution
Citation 9 a (new)
Citation 9 a (new)
— having regard to the European Council conclusions on Europe’s Media in the Digital Decade: an Action Plan to support recovery and transformation of 18 May 2021,
Amendment 13 #
2021/2017(INI)
Motion for a resolution
Citation 12 a (new)
Citation 12 a (new)
— having regard to the European Council conclusions on safeguarding a free and pluralistic media system of 18 November 2020,
Amendment 14 #
2021/2017(INI)
Motion for a resolution
Citation 12 b (new)
Citation 12 b (new)
— having regard to the European Council conclusions on improving the cross-border circulation of European audiovisual works, with an emphasis on co-productions of 7 June 2019,
Amendment 15 #
2021/2017(INI)
Motion for a resolution
Citation 12 c (new)
Citation 12 c (new)
— having regard to the European Council conclusions on the strengthening of European content in the digital economy of 19 December 2018,
Amendment 19 #
2021/2017(INI)
Motion for a resolution
Citation 16 a (new)
Citation 16 a (new)
Amendment 21 #
2021/2017(INI)
Motion for a resolution
Citation 16 b (new)
Citation 16 b (new)
— having regard to Directive (EU) 2019/790 on copyright and related rights in the Digital Single Market amending Directives 96/9/EC and 2001/29/EC,
Amendment 22 #
2021/2017(INI)
Motion for a resolution
Citation 20
Citation 20
— having regard to the Centre for Media Pluralism and Media Freedom report entitled ‘Media Pluralism Monitor 2020 Results’outcomes of the World Press Freedom Index, published by Reporters Without Borders, and to those of the Media Pluralism Monitor of the European University Institute's Centre for Media Pluralism and Media Freedom of July 2020,
Amendment 32 #
2021/2017(INI)
Motion for a resolution
Recital A
Recital A
A. whereas the cultural and creative sectors, of which publishing and news media and audiovisual sectors are an integral and vital part, have been among the hardest hit by the fallout from COVID- 19; whereas these sectors are also expected to recover at a more moderate pace than the general economy;
Amendment 41 #
2021/2017(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
B a. whereas the film industry, in its articulated value chain, has been severely impacted by the containment measures adopted in Europe; whereas cinemas across the European Union experienced a 69% drop in boxoffice in 2020, resulting in a total decrease of €4 billion in revenues compared to 20193a; _________________ 3ahttps://www.unic- cinemas.org/en/news/news- blog/detail/european-cinema-industry- sees-eur62-billion-box-office-drop-in- 2020/
Amendment 43 #
2021/2017(INI)
Motion for a resolution
Recital B b (new)
Recital B b (new)
B b. whereas, in addition to the effects of the pandemic, the media sector is also facing relevant challenges linked to the digital shift and its impact on the overall business model of the sector; whereas the media sector operates in different markets, with different degrees of vertical and horizontal concentration;
Amendment 47 #
2021/2017(INI)
Motion for a resolution
Recital C
Recital C
C. whereas quality, well-financed and independent news media and professional jothe right to freedom of expression and media freedom and plurnalism are an essentialrecognized as fundamental rights and, as such, pillars of democracy; whereas every effort must be made to increase media pluralism3 ; _________________ 3 No EU country registers a low level of risk in the market plurality area according to ‘Monitoring Media Pluralism in the Digital Era’, p. 50:https://cadmus.eui.eu/bitstream/handle /1814/67828/MPM2020- PolicyReport.pdf?sequence=5&isAllowed =ythe core democratic values on which European Union is founded; whereas high-quality, well-financed and independent publishing and news media sectors are an essential pillar of democracy;
Amendment 49 #
2021/2017(INI)
Motion for a resolution
Recital C a (new)
Recital C a (new)
C a. whereas the importance of independent, pluralistic and trustworthy media as guardian of democracy cannot be underestimated; whereas media freedom has been severely deteriorating over the past decade; whereas every effort must be undertaken to ensure robustness, economic and political independence of media and to increase media freedom and pluralism4a; _________________ 4a No EU country registers a low level of risk in the market plurality area according to ‘Monitoring Media Pluralism in the Digital Era’, p.50
Amendment 51 #
2021/2017(INI)
Motion for a resolution
Recital C b (new)
Recital C b (new)
C b. whereas further efforts must be undertaken to establish a safe, fair and competitive online environment which also safeguards citizen’ fundamental rights;
Amendment 52 #
2021/2017(INI)
Motion for a resolution
Recital C c (new)
Recital C c (new)
C c. whereas the media sector covers a variety of businesses that produce, broadcast and distribute content and whose value is based on intellectual property (IP);
Amendment 54 #
2021/2017(INI)
Motion for a resolution
Recital D
Recital D
D. whereas the audiovisual sector as well as the news and publishing sector plays a vital partrole in fostering the resilience of our democratic societies, cultural diversity and media pluralism; whereas the heterogeneity of the sector is also one of its strengths, helping to nurture, promote and strengthen Europe’s cultural, linguistic, social and political diversity;
Amendment 60 #
2021/2017(INI)
Motion for a resolution
Recital D a (new)
Recital D a (new)
D a. whereas Member States experienced delays in the implementation of directive 2019/790 on Copyright and related right in the Digital Single Market, directive 2019/789 laying down rules on the exercise of copyright and related rights applicable to certain online transmissions of broadcasting organisations and retransmissions of television and radio programmes, and directive 2018/1808 on the Audiovisual Media Services due to the COVID-19 crisis; whereas Member States should take advantage of such delays to include in their implementation law bold solutions to address the challenges arising from the crisis or made even tougher by it in the European audiovisual sector, such as the remuneration of creators for the online exploitation of their works and the financial investment of global platforms in local production;
Amendment 66 #
2021/2017(INI)
Motion for a resolution
Recital D b (new)
Recital D b (new)
D b. whereas the seriousness of the COVID-19 crisis, whose economic and social consequences are still unfolding, has reinforced the need for reliable, accurate and quality journalism that can inform citizens and foster their critical thinking;
Amendment 67 #
2021/2017(INI)
Motion for a resolution
Recital D c (new)
Recital D c (new)
D c. whereas territorial and exclusive licensing rights are vital for the film and audiovisual sector in order to preserve and guarantee their creativity, financing, freedom and long-term sustainability;
Amendment 69 #
2021/2017(INI)
Motion for a resolution
Recital D d (new)
Recital D d (new)
D d. whereas actions foreseen under the Media and Audiovisual Action Plan should be implemented on the basis of two pillars: the revised Audiovisual Media Service Directive (EU)5a and the MEDIA programme, which further support the access to and availability of cinema and audio-visual works across Europe; _________________ 5aDirective (EU)2018/1808 amending Directive 2010/13/EU on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the provision of audiovisual media services (Audiovisual Media Services Directive);
Amendment 74 #
2021/2017(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Stresses the fallout of the economic downturn, and strongly reiterates its calls on the Commission and the Member States to increase support available for the news mediaand publishing sector and audiovisual sectors, ands well as the cultural and creative sectors more broadly, with a special attention to the SMEs; considers that allocations for the media sector should be increased across various multiannual financial framework (MFF) programmes;
Amendment 78 #
2021/2017(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. Welcomes the development of an interactive tool to map various support instruments available at European level as well as at Member States level, including through the National Recovery and Resilience Plans; stresses that such an instrument should primarily facilitate access to funding opportunities by developing a user-friendly and straightforward interface and it should also offer proper technical support and assistance throughout the application process;
Amendment 82 #
2021/2017(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Welcomes the launch of the ‘NEWS’ initiative for the news media sector, including the European News Media Forum; reiterates emphatically its repeated calls for the creation of a permanent European news media fund; and publishing sector; salutes that such initiative will be supported by different MFF programmes; however, in order to ensure proper use of EU funds, underlines the need to develop full oversight over the initiative;
Amendment 83 #
2021/2017(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. Highlights that capacity building services that will complement the ‘NEWS’ initiative should also have a focus on local media outlets; welcomes the proposal to complement the initiative by establishing a European News Media Forum, which should be as inclusive as possible and lead to thorough discussions with the sectors on their ongoing transformations. Invites the Commission, based on the feedback of the sectors, to turn such initiative into a permanent one;
Amendment 88 #
2021/2017(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Highlights the importrelevance of the cross-sectoral strand in the Creative Europe programme, which for the first time provides for actions focused on the news medianew Creative Europe programme and welcomes the introduction of new actions, under the revamped cross-sectoral strand, focused on enhancing media freedom, quality journalism and media literacy;
Amendment 96 #
2021/2017(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Acknowledges that some parts of the audiovisual ecosystem are not covered by current support measures; invites the Commission to continue exploring tailored support schemes for the news and publishing as well as the audiovisual sector; urges particular attention be paid in all support actions to Member States with low audiovisual production capacity;
Amendment 100 #
2021/2017(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Underlines the significant role played by music streaming platforms in terms of cultural diversity and access to musical works online; Invites the Commission to assess the role of music streaming services , in particular in view of the converging online media environment, and to develop positive obligations ensuring their algorithmic transparency to avoid biases and unfair practices, as well as promoting cultural diversity and discoverability of European works on such services;
Amendment 108 #
2021/2017(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Invites the Commission to conduct a study, develop guidelines and share among Member States the best practices ifacilitate the sharing of information and best practices among Member States on public financing mechanisms;
Amendment 109 #
2021/2017(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. Acknowledges that radio can offer a trusted source of real-time information across borders where reliable news is scarce; calls on the Commission to further ensure proper funding for the continuation of Euranet Plus’ operational activities and the extension of its membership, geographic and linguistic coverage, as well as to enable it to invest in its digital transformation and in quality products and services;
Amendment 113 #
2021/2017(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Believes that tax policies can helpare a vital instrument that could facilitate recovery and resilience of these sectors; encourages Member States withto set up adequate fiscal scope to help boost media and cinema consumption through VAT rates that accommodate thitax policies to support and boost media production, distribution and consumption; stresses that cinema consumption should be further supported through tax credits to incentivise investments; calls on the Commission to facilitate exchange of good practice among Member States in order to support the competitiveness of the media and audiovisual sectors;
Amendment 132 #
2021/2017(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Draws attention to the fact that the current crisis riskis speeding up news media consolidation, which can be to the detriment of media pluralism in the Union; considernotes that these trends are particularly unwelcome in smaller markets where the choice is already limited; asks, therefore, for the competition authorities to remain vigilant and consider the long-term impact of mergers and acquisitions not only on market share, but also on linguistic and cultural diversity;
Amendment 136 #
2021/2017(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Notes with concern that global online platforms have a vast disruptive impact on the audiovisual and media sector, as they dominate the data and advertising market, and have radically changed audience consumption patterns; underlines that current legislation does not regulateentirely provide for a fair environment on pivotal issues in the informationonline ecosystem such as access to data, digital advertising, algorithmic transparency, platform accountability, must-show and other questions; considers that timely adoption of legislationintermediary platforms' data by media content service providers on their own programmes and services, algorithmic transparency, platform accountability, advertising rules, especially for online political advertising; reiterates that timely adoption of legislation, such as the Digital Service Act package, is needed to help address these shortcomings ias a matter of urgency; stresses that policy action is needed in order to achieve transparency of information, a fair and contestable media market, as well as a high level of protection of viewers, including the significant strengthening of the Code of Practice on Disinformation;
Amendment 146 #
2021/2017(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9 a. Recognises the need for a wider and more ambitious set of measures to fight Intellectual Property theft; stresses that ensuring the responsibility and accountability of online platforms is an important step towards proper rewarding investment in content creation; considers that full and proper implementation of Directive (EU)2019/7906a is instrumental to rectify the regulatory imbalances in the digital space and to address online piracy, which is detrimental to the cultural and creative sectors and industries; _________________ 6aDirective (EU)2019/790 on copyright and related rights in the Digital Single Market amending Directives 96/9/EC and 2001/29/EC
Amendment 147 #
2021/2017(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9 a. Calls on the Member States to translate Article 18 of directive 2019/790 on Copyright and related right in the Digital Single Market that ensure appropriate and proportionate remuneration to audiovisual authors; such right to remuneration should apply to all media following the model of Spanish and Italian laws; such mechanisms will be essential to support audiovisual authors out of the COVID-19 crisis and ensure they receive a fair and appropriate share of the revenues generated for the exploitation of their works;
Amendment 156 #
2021/2017(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Recognises the additional challenges for news mediaand publishing sector operating in smaller markets, including local, regional and niche media, which have limited revenues, and are not viable using current commercial business models, and which cannot embrace new ones that media operating in larger markets can; believes, therefore, that public funding mechanisms based on the arm’s length principle are increasingly necessarycould be beneficial; calls on Member States to ensure stable, transparent and adequate funding for public service media on a multiannual basis in order to guarantee their independence from governmental, political and market pressure and enable them to provide a broad range of pluralistic information and diverse content;
Amendment 169 #
2021/2017(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Stresses that it is essential to ensure and maintain the independence of private and public service media from political and economic interference, including from external actorsdomestic and non-domestic actors, as well as their financial stability; acknowledges the specific situation of Member States which are exposed to geopolitical risks arising from third country interference in their information space, including through media financing; believes that the best viable antidote is a more robust media landscape with steady and reliable revenue streams; considers increased transparency to be importantvital, and therefore welcomes the Media Ownership Monitor initiative;
Amendment 173 #
2021/2017(INI)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11 a. Underlines that the development of a robust and independent media landscape can be pursued through the complementarity with the actions foreseen under the European Democracy Action Plan by addressing the areas in which our systems and citizens are most vulnerable;
Amendment 177 #
2021/2017(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Expresses concern about the disruptive trends created by the platforms, as they can undermine competition in the long term, andweaken the independent audiovisual sector and unfairly reduce opportunities for other actors; asks the Commission to monitor the situation closely and, if appropriate, take all necessary actions to make conditions for competition more equitable;
Amendment 182 #
2021/2017(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Welcomes the progress made both at EU and OECD level in working out a global solution to effectively taxing the digital economy, based on digital businesses paying tax according to their economic activities in each country; considers that these new sources of revenue should be channelled by Member States to suppor. Notes that such solution should be agreed on a global level based on the two-pillar approach carried out by the G20⁄OECD Inclusive Framework and it should be on a new tax nexus and new taxing rights which would create the possibility of taxing multinational enterprises in market jurisdictions, even where they have no physical presence based on their economic activity; underlines that the interaction with users and consumers significantly contributes to value creation in digital business models and should therefore be taken into account twheir audiovisual and news media sectorn allocating taxing rights;
Amendment 190 #
2021/2017(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Calls on the Commission to elaborate comprehensive European news media and audiovisual sector strategies, publishing and audiovisual sector strategies; underlines that such strategies should explore all options available, including tax incentives, trade policy, enhanced accountability and rules for online platforms to establish a regulatory level playing field allowing media to continue to invest in news and cultural content while protecting European consumers equally online and offline;
Amendment 200 #
2021/2017(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Stresses the need for transformation in the news mediaand publishing sector, including through the digitalisation of newsrooms, the uptake of artificial intelligence (AI), changes and improvements to content creation and presentation, as well as better distribution and subscription models, including micro- payments; notes that the above requires additional investment and skills that news mediaand publishing sector players often lack, especially those with small market share; calls on the Commission and the Member States to provide tailored support for the digital transformation of the sector;
Amendment 204 #
2021/2017(INI)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15 a. Recalls that the Audiovisual Media Service Directive as revised in 2018, was due to be transposed into national law by September 2020; therefore, calls on all Member States to swiftly implement it in all its provisions and on the Commission to closely monitor developments in this regard;
Amendment 205 #
2021/2017(INI)
Motion for a resolution
Paragraph 15 b (new)
Paragraph 15 b (new)
15 b. Welcomes the implementation, in close cooperation with ERGA, of a media literacy toolbox with practical application of the newmedia literacy obligations foreseen by the Audiovisual Media Service Directive (EU)2018/1808;
Amendment 206 #
2021/2017(INI)
Motion for a resolution
Paragraph 15 c (new)
Paragraph 15 c (new)
15 c. Welcomes the proposal of a European Media Freedom Act, recently advanced by the European Commission, as a new tool to protect media freedom in Europe. Underlines that a European Media Freedom Act should look at the media not only as economic players, but also as a cornerstone of the European democracy; therefore, urges the Commission to develop an ambitious, robust and complete mechanism, founded on the current legislation, notably the Audiovisual Media Service Directive, to strengthen the EU’s capacity to monitor and sanction actions that would limit or harm media freedom;
Amendment 208 #
2021/2017(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Acknowledges the importance of independent freelance journalism and its potential for future growth due to lower entry costs and easier ways to reach an audience, facilitated by innovative publishing and payment solutions, which canshould nevertheless ensure a decent remuneration with the aim of improveing the economic situation ofor freelance professionals;
Amendment 215 #
2021/2017(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. UCalls on the Commission to ensure that initiatives and support measures to safeguard and promote media freedom and pluralism cover all media, including the publishing sector; underlines the added value of including the media sector in media and information literacy initiatives;
Amendment 231 #
2021/2017(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Acknowledges that the existing creation and distribution models in the European audiovisual sector are largely based on territorial exclusivity, and ownership of intellectual property rights by independent producers and creatorsRecalls the utmost importance of territorial exclusivity for the sustainability of the audiovisual sector; notes that ownership of intellectual property rights is held by authors, performers and independent and integrated producers in Europe;
Amendment 234 #
2021/2017(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. In this regard, welcomes Action 7 of the Media and Audiovisual Action Plan and is of the view that targeted measures to support co- production, translation, subtitling and dubbing and co-distribution could contribute to increasinge the availability of diverse European audiovisual content; in this regard, recognises the value of the work made by professionals translators of audio-visual works. Salutes the setting up of a EU Stakeholder dialogue on geo- blocking and calls for concrete proposals to further facilitate public access to cultural goods throughout Europe, while taking into account the special characteristics of the sector for its medium and long term sustainability and the effects that the pandemic has produced in the cultural and creative sector industries;
Amendment 243 #
2021/2017(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Underlines that video on demand (VOD) platformservices and other innovations are reshaping the audiovisual media landscape, and by extension creating challenges and also opportunities for incumbent players; notes that in many respects, an irreversible transformation is under way; encourages the sector’s legacy players to enter new markets and embrace innovative business models;
Amendment 249 #
2021/2017(INI)
Motion for a resolution
Paragraph 21 a (new)
Paragraph 21 a (new)
21 a. Highlights that the Commission notices the huge impact of buy-out and work-for-hire contracts imposed by VOD platforms on European creators and independent rightsholders as "a significant problem" , however regrets that no follow-up action is proposed in this respect and therefore calls on the Commission to take concrete steps to prevent coercive practices that could endangers an adequate and proportionate remuneration of all creators.
Amendment 250 #
2021/2017(INI)
Motion for a resolution
Paragraph 21 a (new)
Paragraph 21 a (new)
21 a. Emphasizes the central role played by media to shape society’s perceptions, ideas, attitudes, and behaviour; Stresses the importance of fostering European media talents including through the development of new mentoring programmes and campaigns on diversity in front and behind the camera to improve representation of women and disadvantaged groups in society and encourage them to consider media careers;
Amendment 254 #
2021/2017(INI)
Motion for a resolution
Paragraph 21 b (new)
Paragraph 21 b (new)
21 b. Acknowledges that the environmental impact of the audio-visual sector is significant and there is a strong need to implement common tools and green standards to make the sector climate neutral; therefore, welcomes Action 6 of the Media and Audio-visual Action Plan, which should be able to support the development and sharing of best practices encompassing the whole value chain; highlights that such Action should also facilitate international collaborations in greening practices; underlines that environmental sustainability can be a key factor and asset in making the industry more competitive and more attractive to investment;
Amendment 260 #
2021/2017(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. SAcknowledges the important role that media play in shifting behaviours by developing environmental sensitivity; stresses the importance of reducing the audiovisualmedia sector’s carbon footprint, especially at the production stage, which accounts for most CO2 emissionfrom the production to the consumption stage, as consumer devices are one of the major sources of emissions in the lifecycle of contents; notes that digital and other solutions such as virtual audiovisual production techniques can facilitate this reduction; believes that the current MFF provides a unique opportunity for funding greening projects and reaching net zero emissions within this decade;
Amendment 269 #
2021/2017(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Considers that increased financing for digitisation and promoting the availability of Europe’s audiovisual and film heritage is necessary in order to make it more accessiblof Europe’s audiovisual and film heritage is necessary in order to increase accessibility to wider audiences and also for its preservation and restoration; calls on the Commission to promote and facilitate exchanges and capacity building among professionals in the field of film restoration and preservation; calls for enhanced support to and protection of independent SMEs, which, through their specific business model, play a pivotal role in safeguarding Europe's rich and diverse audiovisual heritage;
Amendment 6 #
2021/2009(INI)
Motion for a resolution
Citation 5 a (new)
Citation 5 a (new)
— having regard to the Interinstitutional Proclamation on the European Pillar of Social Rights, 13 December 2017, (2017/C 428/09),
Amendment 7 #
2021/2009(INI)
Motion for a resolution
Citation 5 b (new)
Citation 5 b (new)
— having regard to the Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions ‘The European Pillar of Social Rights Action Plan’, 4 March 2021, COM(2021)102,
Amendment 8 #
2021/2009(INI)
Motion for a resolution
Citation 5 c (new)
Citation 5 c (new)
— having regard to the Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions ‘Union of Equality: Strategy for the Rights of Persons with Disabilities 2021-2030’, 3 March 2021, COM(2021)101,
Amendment 9 #
2021/2009(INI)
Motion for a resolution
Citation 5 d (new)
Citation 5 d (new)
— having regard to the Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions ‘A union of equality: EU anti- racism action plan 2020-2025’, 18 September 2020, COM(2020)565,
Amendment 10 #
2021/2009(INI)
Motion for a resolution
Citation 5 e (new)
Citation 5 e (new)
— having regard to the Resolution adopted by the United Nations General Assembly on ‘Transforming our world: the 2030 Agenda for Sustainable Development’, 25 September 2015, A/RES/70/1,
Amendment 13 #
2021/2009(INI)
Motion for a resolution
Recital A
Recital A
A. whereas providing equal opportunities for all is, and must continue to be, inherent to the fundamental values of the European Union, and whereas people from all backgrounds and walks of life should be able to benefit fully and equally from Erasmus+;
Amendment 17 #
2021/2009(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
B a. whereas the effects of the COVID- 19 pandemic severely impacted on the education sector as a whole, further exacerbating pre-existing inequalities in access to education and making effective inclusion measures even more relevant and urgent;
Amendment 18 #
2021/2009(INI)
Motion for a resolution
Recital B b (new)
Recital B b (new)
B b. whereas a high-level of ambitions for the future of education are well captured by the UN SDGs, in particular by Target 5, under Goal 4, which aims at eliminating all discriminations and ensure equal access to all levels of education and vocational training for vulnerable groups, including persons with disabilities;
Amendment 19 #
2021/2009(INI)
Motion for a resolution
Recital C
Recital C
C. whereas no harmonised and mandatory inclusion strategy was established at European level for the Erasmus+ programme and these shortcomings significantly limit the impact of inclusion measures within the programme;
Amendment 45 #
2021/2009(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Stresses the crucial need for adapted funding and grants, such as pre- financing and lump sums, as financial barriers continue to be one of the biggest obstacles faced by people with fewer opportunities in Erasmus+; in this regard, stresses the need to apply flexible rules in the support of additional expenses for participants with fewer opportunities or from disadvantaged backgrounds and to provide sufficient financial amount to cover their needs;
Amendment 56 #
2021/2009(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Urges the Commission to make sure that existing digital tools are working properly and at full extent and to tackle without delay the serious persistent issues related to Erasmus+ IT tools, which significantly hamper not only the participation of smaller organisations and people with fewer opportunities, but also the participation of all kinds of beneficiaries; with regard to the newly introduced IT tools, which should make the whole experience of mobility smoother, calls on the Commission to sufficiently test them on a large scale before their implementation;
Amendment 63 #
2021/2009(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Acknowledges the role of teachers, youth workers and staffassociations as the driving forces behind participating institutions in raising awareness of the programme, in informing and supporting future learners, and identifying people with fewer opportunities, and notes that without them, most participants with fewer opportunities would not be able to take part; calls on the Commission, the Member States and national agencies to value and acknowledge their often voluntary work, to support them by facilitating their own mobility and to provide them with adequate funding, while accompanying participants with fewer opportunities and offering them specific training adapted to their needs;
Amendment 79 #
2021/2009(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Asks all national agencies to organise targeted information campaigns, both online and offline, and to appoint dedicated inclusion and diversity officers in order to reach out directly to learners with special needs and/or fewer opportunities; in this regard, calls also on those organisations that were selected to implement Erasmus+ actions to designate dedicated contact persons for people with fewer opportunities to be informed and accompanied as needed; and recalls that information on support services for people with special needs must be clear, up-to- date, complete and easy to access;
Amendment 95 #
2021/2009(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Regrets the lack of reliable data on the participation of people with fewer opportunities in the Erasmus+ programme; in this regard, highlights a dearth of qualitative data on criteria such as participants’ social and ethnic background, as well as gender, that could help to shed further light as to which groups inclusion measures should target; underlines the need to gather and monitor a critical mass of reliable data in order to create a management and steering tool for inclusion measures, using methods which respect privacy and the protection of personal data and do not add undue administrative burdens for organisations and participants;
Amendment 105 #
2021/2009(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13 a. Acknowledges that for participants with fewer opportunities language barrier turns out to be particularly severe, therefore calls for targeted and group specific support for language learning in preparation of mobility and insists that this support should not be limited to online courses;
Amendment 107 #
2021/2009(INI)
14. Requests the Commission and the Member States to ensure that all relevant information regarding Erasmus+ is accessible to persons with disabilities, in particular through adapted and barrier-free online tools; recalls that planning and evaluation processes should be barrier- free; welcomes the establishment of ‘Erasmus Days’ and stresses the importance of the role of former Erasmus+ participants and alumni networks in promoting the programme widely;
Amendment 115 #
2021/2009(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Calls on the Commission and the Member States to use the European Year of Youth and related events to promote the opportunitiesWith the aim of ensuring that the European Year of Youth is impactful and effectively improves living and learning conditions and democratic participation of young people in Europe, calls on the Commission and the Member States to use the Year and related events to better inform all young people about opportunities made available to them in application of public policies at EU, national, regional and local levels, including those offered by the Erasmus+ programme;
Amendment 119 #
2021/2009(INI)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17 a. Recalls the importance of ensuring automatic recognition of qualification’s and learning periods in the context of the European Education Area as a complementary and paramount tool to make inclusion measures within Erasmus+ and the European Solidarity Corps fully effective;
Amendment 120 #
2021/2009(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Welcomes the Commission’s recent adoption of the 2021-2027 framework of measures aimed at increasing diversity and inclusion in the current Erasmus+ and European Solidarity Corps programmes, but nevertheless calls on the Commission to closely monitor the future national implementation of this framework and to inform the Parliament on annual basis; highlights that the full implementation of a dedicated framework of inclusion measures can serve as a useful experience and reference for other EU programmes that have a direct impact on citizens’ life such as Creative Europe and CERV;
Amendment 124 #
2021/2009(INI)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18 a. Calls for an increase of the 2023 budget to be dedicated to the full implementation of inclusion measures in Erasmus + and the European Solidarity Corps and, in particular, to test the effect of pre-financing, lump sums and higher support grants on the participation rate of people with fewer opportunities or from disadvantaged backgrounds;
Amendment 1 #
2021/2008(INI)
Motion for a resolution
Citation 3 a (new)
Citation 3 a (new)
— having regard to the United Nations Sustainable Development Goals, particularly, goal 4 (Quality education) and target 4.7;
Amendment 3 #
2021/2008(INI)
Motion for a resolution
Citation 7 a (new)
Citation 7 a (new)
— having regard to the Commission communication of 5 March 2020 entitled “Gender Equality Strategy 2020-2025” (COM(2020)152 final);
Amendment 4 #
2021/2008(INI)
Motion for a resolution
Citation 7 b (new)
Citation 7 b (new)
— having regard to the own-Initiative report on empowering girls through education in the EU (2014/2250(INI));
Amendment 5 #
2021/2008(INI)
Motion for a resolution
Citation 7 c (new)
Citation 7 c (new)
— having regard to the Commission communication of 12 November 2020 entitled “Union of Equality: LGTBIQ Equality Strategy 2020-2025” (COM(2020)698 final);
Amendment 20 #
2021/2008(INI)
Motion for a resolution
Recital B
Recital B
B. whereas new systemic changes such as the climate crisis, supranational political integration and the digital shift require the corresponding adaptation of educational systems, including citizenship education; whereas the green transition calls for expanding citizenship education to include the need to act responsibly not only within a given community or society but towards the planetas a whole; whereas the digital shift opens new opportunities for active citizenship and democratic participation online but also encompasses risks and threats posed by misinformation and disinformation; whereas active digital citizenship should take into account and address the digital gap among generations;
Amendment 28 #
2021/2008(INI)
Motion for a resolution
Recital C
Recital C
C. whereas citizenship education must be understood as multilevel, encompassing local, regional, national, European and global citizenship; whereas the ongoing process of globalisation and European integration will require the new generation of Europeans to increasingly engage politically at multiple levels, to be able to live and work internationally and navigate difference in their daily lives; whereas societies are becoming more diverse, making respect for the diversity of cultures and origins and the rejection of any kind of discrimination towards women, LGTBIQ people or minorities ever more important within Europe;
Amendment 50 #
2021/2008(INI)
Motion for a resolution
Recital E
Recital E
E. whereas the emergence of a dynamic European citizenship has been hindered by a knowledge and emotional gap; as well as a lack of mechanisms enabling citizen’s participation and dialogue; whereas European identity complements the multiple local, national, geographical, cultural or other identities a person might have; whereas insufficient knowledge about the EU and poor understanding of its added value may contribute to the perception of a democratic deficit and may lead to Euroscepticism in Member States;
Amendment 56 #
2021/2008(INI)
Motion for a resolution
Recital E a (new)
Recital E a (new)
E a. whereas, the European Parliament resolution of 12 April 2016 on Learning EU at school called on the Commission to provide a common framework and to prepare guidelines with concrete examples on learning about the EU in order to foster objective and critical thinking about the benefits of the European Union for its citizens;
Amendment 61 #
2021/2008(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Regrets that there is no common definition of citizenship education; believes that teaching citizenship education involves a combination of knowledge, skills, competences and care; considers that, as a minimum, citizenship education should provide a theoretical understanding of the political, legal, social and economic concepts and structures including those pertaining to the European level, as well as global developments and sustainability commensurate with the level of education and training, coupled with practical experiences;
Amendment 69 #
2021/2008(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Is concerned about the limited focus on European and global citizenship in national curricula; notes with concern that only half of students studying in the EU report having opportunities to learn about Europe in school; highlights that students' support for cooperation among European countries was positively associated with higher levels of civic knowledge; deplores the increasing tension between the national and European level in some Member States’ curricula; warns against the politicisation of citizenship education and the ensuing shifts in the delivery of citizenship education following government changes;
Amendment 75 #
2021/2008(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Underlines that sociopolitical and global changes will require an increase in the current level of citizenship education; is concerned about the imbalances in terms of average civic knowledge across and within Member States; notes that students living in rural areas face additional barriers when engaging with citizenship education programmes; affirms that that every single student must have access to high quality citizenship education; is concerned that male students score significantly below their female counterparts;
Amendment 80 #
2021/2008(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Points out that while some aspects of citizenship education are present in most national curricula, there are strong differences across Member States in terms of the education levels at which it is taught, total hours devoted to the subject, contents and methodologies; notes that only some Member States have structured assessments, objectives, pedagogical orientations or specific training for teachers; notes that even when these elements are present, there is a gap between the national programmes and its effective implementation in schools; recalls that initial and continuous teacher training must be a priority in the field of citizenship education; and in particular as regards to European and global citizenship education;
Amendment 87 #
2021/2008(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Highlights that the lack of solid research on how to teach and assess citizenship education in an effective manner and the lack of appropriate pedagogical instruments to this end, hinder the effective teaching of citizenship education; notes that some empirical evidence points towards a ‘whole school’ or ‘whole community’ approaches as having a positive impact on civic skills and attitudes;
Amendment 94 #
2021/2008(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. Believes that it is never too early to learn about citizenship; notes that early childhood education plays an important role for the development of critical social and emotional skills and plants the seed for wellbeing, dialogue, mutual respect, understanding, and common values;
Amendment 101 #
2021/2008(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6 a. Considers that the contribution to the history and development to the European Project of the island of Ventotene and its Manifesto should be formally recognised; stresses the role of the Island of Ventotene as an emblematic place of memory for European integration and of reference for the protection of our common European values; believes that Ventotene embodies the ideal capital of Europe by continuously energising European integration, including through the active involvement of young people; stresses also the symbolic importance of the Carcere di Santo Stefanoand its potential to become a centre of reference for cultural exchange, public events, exhibitions and debate;
Amendment 110 #
2021/2008(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Regrets that EU programmes have not been able to provide substantial and effective support for EU and global citizenship education; calls on the European Commission and Member States for funds to reinforce EU programmes supporting education and citizenship education;
Amendment 111 #
2021/2008(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Regrets that EU programmes such as Erasmus +, Horizon Europe, the European Solidarity Corps, the Rights & Values, or Creative Europe, among others, have not been able to provide substantial and effective support for EU and global citizenship education;
Amendment 123 #
2021/2008(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10 a. Highlights the will to encourage a European common identity through a common academic programme and to strongly integrate a European dimension in education as expressed by citizens in the context of the Conference of the Future of Europe, as well as the demand of European youth to include knowledge about the opportunities and benefits of Europe in curricula;
Amendment 129 #
2021/2008(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12 a. Draws attention to the awarding of the 2021 European Citizen’s prize to student´s debate initiatives; considers that in a climate of increasing polarisation, democratic debate is more important than ever; believes that fostering skills and competences for debate is an integral part of citizenship education;
Amendment 130 #
2021/2008(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12 a. Highlights the need of citizenship education to raise awareness of the climate transition, to foster the Education for Climate Coalition as well as to enhance knowledge about sustainability creating synergies with the thematic axes included in the New European Bauhaus initiative;
Amendment 131 #
2021/2008(INI)
Motion for a resolution
Paragraph 12 b (new)
Paragraph 12 b (new)
12 b. Encourages Member States to support, review and update their education systems – and all forms of EU- related curricula content at all levels of education and learning, including vocational education and training – with a view to strengthening the EU dimension in close collaboration with all relevant actors at EU and national level, while strongly encouraging regions and local authorities to do the same, in particular when they have direct competences in educational systems; underlines the importance to take into account linguistic diversity within European citizenship Education, with due consideration to minority languages and languages in danger;
Amendment 133 #
2021/2008(INI)
Motion for a resolution
Paragraph 12 c (new)
Paragraph 12 c (new)
12 c. Reiterates its call on the Member States and the educational community to involve citizens descendants of immigrants, migrants, refugees and faith communities in bidirectional, respectful and empowering citizenship-building processes, ensuring their participation in civic and cultural life; believes that fostering a better understanding among citizens of the historic and personal causes of migrants’ journeys, including Europe’s colonial past, as well as the shared cultural backgrounds, is an important component of global citizenship;
Amendment 135 #
2021/2008(INI)
Motion for a resolution
Paragraph 12 d (new)
Paragraph 12 d (new)
12 d. Asks the Member States to enhance and broaden initial and ongoing, professional, and lifelong development opportunities for teachers, educators, families and the wider educational community to provide them with appropriate support and resources to teach citizenship education; stresses the need to promote and encourage multilingual and intercultural competences of educators, as well as mobility opportunities, peer-to-peer learning and exchanges of best practices among teaching staff;
Amendment 137 #
2021/2008(INI)
Motion for a resolution
Paragraph 12 e (new)
Paragraph 12 e (new)
Amendment 138 #
2021/2008(INI)
Motion for a resolution
Paragraph 12 f (new)
Paragraph 12 f (new)
12 f. Urges the Commission to develop a common citizenship education competence framework for teachers and students for the Key competence active citizenship;
Amendment 139 #
2021/2008(INI)
Motion for a resolution
Paragraph 12 g (new)
Paragraph 12 g (new)
12 g. Calls for the recognition and validation of citizenship competences acquired through non-formal and informal learning, including youth work, volunteering and for the strengthening of links between formal, non-formal and informal learning in citizenship education;
Amendment 140 #
2021/2008(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Considers that in the post-ET 2020 cooperation framework, attention should be focused on developing curricula and national assessments in citizenship education that integrate all relevant aspects of the subject area in line with European Reference Framework for Democratic Culture of the Council of Europe and the European Reference Framework of Key Competences for Lifelong Learning, in particular with regards to Social and civic competences;
Amendment 145 #
2021/2008(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13 a. Calls for a new Working Group focusing on citizenship education to be established to follow-up on the works of the ET 2020 Working Group on Promoting Common Values and Inclusive Education set up after the 2015 Paris declaration;
Amendment 158 #
2021/2008(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Underlines the need for a more structured approach towards the identification and dissemination of the results of citizenship education projects from EU programmes, notably Erasmus plus, Horizon Europe, Europe for Citizens and the Citizens, Equality, Rights and Values programme, Creative Europe and the European Solidarity corps in order to scale up results across the Union; considers to this end the need to establish a permanent review and analysis mechanism at EU level to identify good practices which can be disseminated and scaled-up widely to contribute to systemic and long-lasting policy changes;
Amendment 160 #
2021/2008(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Highlights the need to decisively advance the research on how to best teach and assess citizenship education, taking into account new systemic and contextual changes; underlines the importance to this end of KA2, KA3, Jean Monnet actions and Horizon Europe; welcomes the greater focus of KA2 to ‘common values, civic engagement and participation’ in the Erasmus + 2021-2027; asks for dedicated calls on citizenship education in all above mentioned actions and programmes;
Amendment 164 #
2021/2008(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16 a. Believes it is important to disseminate further existing opportunities at EU level among the VET educational community, considers important to provide tailored support to facilitate access to the programmes; calls for the inclusion of a dedicated focus on citizenship education on all EU vocational education and training actions, in particular within the activities of the Centres of Vocational Excellence;
Amendment 166 #
2021/2008(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Calls on the Commission to include European citizenship learning modules and a visit programme to heritage and memory sites of historical significance for the Union and the host countries to promote an intercultural and dialogical approach to history and strengthen European values and principles as an integral part of any Erasmus + and European Solidarity Corps mobility opportunity;
Amendment 168 #
2021/2008(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Calls on the Commission to include European citizenship learning modules and a visit programme to natural, cultural and mixed heritage and memory sites of environmental and historical significance for the Union and the host countries as an integral part of any Erasmus + and European Solidarity Corps mobility opportunity;
Amendment 173 #
2021/2008(INI)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17 a. Asks the Commission to assess the introduction of a new specific strand in Erasmus + and the Citizens, Equality, Rights& Values to foster citizenship education, with dedicated budgetary allocations;
Amendment 174 #
2021/2008(INI)
Motion for a resolution
Paragraph 17 b (new)
Paragraph 17 b (new)
17 b. Calls on the Commission to boost research to develop innovative pedagogical approaches for citizenship education in early years;
Amendment 175 #
2021/2008(INI)
Motion for a resolution
Paragraph 17 c (new)
Paragraph 17 c (new)
17 c. Calls on the Commission to make the most of the 2022 European Year of Youth to develop specific programmes and actions strengthening European citizenship and identity;
Amendment 176 #
2021/2008(INI)
Motion for a resolution
Paragraph 17 d (new)
Paragraph 17 d (new)
17 d. Highlights the role of the House of European History to advance the development, specific programmes, instruments and activities that build up a cogent narrative of European integration and its basic values, in particular for students and teachers at all levels of education; asks the Commission and the Parliament to assess modes to decentralise the House of European history in order to broaden accessibility, including from the Member States and in particular, the educational community, through among others, enhanced collaboration with Member States cultural institutions, itinerant exhibitions, and a network of permanent delegations;
Amendment 177 #
2021/2008(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Calls for a comprehensive European strategy on European civic and citizenship education, as well as the creation of supporting platforms to promote its implementation, focusing notably on shared EU democratic values and principles – such as human dignity, democracy, the rule of law, human rights, equality, tolerance and the respect of diversities - with the aim of enhancing citizens’ understanding of the EU institutions and decision-making process and of EU policies, raising awareness of the benefits, rights and obligations of EU citizenship, advancing knowledge of the European integration process, how to actively participate in the EU’s democratic processes and of reinforcing a common sense of belonging;
Amendment 186 #
2021/2008(INI)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18 a. Stresses that the strategy should include a lifelong learning and community perspective, involving the informal, non formal sectors, as well as business and NGOs, in particular those that receive EU funding, which should directly contribute to enhance the knowledge about the EU among participants and the communities in which they are inscribed;
Amendment 188 #
2021/2008(INI)
Motion for a resolution
Paragraph 18 b (new)
Paragraph 18 b (new)
18 b. Believes that said strategy should include synergies with relevant EU actions in the field of youth and EU policies fighting racism, antisemitism, islamophobia, xenophobia, hate against LGTBIQ people and discrimination against women and minorities, by stablishing links with the EU antiracism action plan, and funding instruments such as the Rights, Equality and Citizenship Programme;
Amendment 189 #
2021/2008(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Calls for reinforced coordination and synergies across EU programmes to be reinforced in order to increase the systemic impact of citizenship education, inter alia, by introducing and providing a compulsory module on the EU citizenship in all training courses financed by the EU through structural funds and mobility programmes; believes that undertaking a modules in EU citizenship education should entail a certification through microcredentials;
Amendment 194 #
2021/2008(INI)
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
19 a. Recommends undertaking a Special Eurobarometer Survey on citizens´ general knowledge of the EU broadening the scope of the current European Union citizenship and democracy series; calls for the development of EU wide comparable testing on the area of citizenship education, including EU citizenship;
Amendment 195 #
2021/2008(INI)
Motion for a resolution
Paragraph 19 b (new)
Paragraph 19 b (new)
19 b. Encourages the Commission to promote learning about the EU at school in negotiation processes with candidate countries for EU membership;
Amendment 197 #
2021/2008(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Asks the Commission to propose a recommendation containing indicative primary and secondary school curricula on the EU and global civic education for its voluntary adoption by the Member States, in full respect of Treaty provisions; in particular Article 165 TFEU, developed jointly with Member States’ experts, teachers, students, and the wider educational community, and accompanied by incentive measures for its uptake; believes that said common demonstrative curricula should foster a better understanding of the existing EU institutions, the European electoral and decision-making processes, and the history and cultures of Member States and the common links between them, combining different pedagogical approaches and methods, including theoretical and project- based learning;
Amendment 201 #
2021/2008(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Asks the Commission to propose a recommendation containing indicative primary and secondary school as well as university curricula on the EU and global civic education for its voluntary adoption by the Member States, in full respect of Treaty provisions; believes that said common demonstrative curricula should foster a better understanding of the existing EU institutions, the European electoral and decision-making processes, and the history and cultures of Member States and the common links between them, combining different pedagogical approaches and methods, including theoretical and project- based learning;
Amendment 213 #
2021/2008(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Calls for the establishment of a new EU agency on citizenship education to improve accessibility to and the quality of citizenship education in all Member States and to support the development of a European dimension in citizenship education; considers that said Agency should be in charge of data collection, and of evaluating the impact of citizenship education actions financed by the Union, in view of upscaling those most successful and allowing the Commission to identify tested initiatives in order to propose legislative acts in this field;
Amendment 219 #
2021/2008(INI)
Motion for a resolution
Paragraph 21 a (new)
Paragraph 21 a (new)
21 a. Believes that it is urgent to kick- start work in this direction by introducing a feasibility action focused on data collection and evaluation of the impact of citizenship education actions; considers that in the mid-term, such an Agency should operate on a model of shared governance, allowing for the direct contribution of Member States, the European Parliament, students and the wider educational community in order to ensure a wider expertise and ownership of its activities;
Amendment 220 #
2021/2008(INI)
Motion for a resolution
Paragraph 21 b (new)
Paragraph 21 b (new)
21 b. Praises the Ambassadors schools programme and the Euroscola initiative; calls for the introduction of certification and recognition of the skills and competences obtained by participants, for students and teachers alike; considers it a best practice that deserves to be scaled up to achieve a systemic effect across the Union; believes that in the long run it could be jointly managed by the EU Agency on citizenship education and the European Parliament; asks in this regard for a dedicated and enhanced budget line;
Amendment 221 #
2021/2008(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Considers the Conference on the Future of Europe a timely opportunity to hold a multilevel discussion on policy development in the area of education and culture; believes that shared competences in the field of education should be introduced, while the exercise of that competence by the EU shall not result in Member States being prevented from exercising theirs; calls on the Member States and the Commission to embrace and take forward the concluding reports of the Conference’s Working Group on Education, Culture, Youth and Sport;
Amendment 222 #
2021/2008(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Considers the Conference on the Future of Europe a timely opportunity to hold a multilevel discussion on policy development in the area of education and culture; believes that a reform of the treaties is needed to increase the educative competences of the European Union aiming to achieve shared competences in this field; calls on the Member States and the Commission to embrace and take forward the concluding reports of the Conference’s Working Group on Education, Culture, Youth and Sport;
Amendment 3 #
2021/2007(INI)
Motion for a resolution
Citation 2 a (new)
Citation 2 a (new)
– having regard to the European Parliament resolution of 20 October 2020 on intellectual property rights for the development of artificial intelligence technologies (2020/2015(INI)),
Amendment 5 #
2021/2007(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Recognises the paramount importance of ‘intangible assets’ and intellectual property (IP)-intensive industries in the economic recovery and resilience of the EU in the aftermath of the COVID-19 pandemic; underlines the need to protect these by lawwith adequate and enhanced legal protection, allowing creators to benefit from their intellectual property rights (IPRs);
Amendment 9 #
2021/2007(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. Underlines that the cultural and creative sectors were already characterised by fragile organisational structures and working practices before Covid-19 and that, among other factors, the (not well protected) IP-based revenue models contributed significantly to this situation1a; _________________ 1aIDEA Consult, Goethe-Institut, Amann S. and Heinsius J. 2021, Research for CULT Committee – Cultural and creative sectors in post-Covid-19 Europe: crisis effects and policy recommendations, European Parliament, Policy Department for Structural and Cohesion Policies, Brussels
Amendment 10 #
2021/2007(INI)
Motion for a resolution
Citation 5 a (new)
Citation 5 a (new)
– having regard to the 1995 WTO Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement),
Amendment 12 #
2021/2007(INI)
Draft opinion
Paragraph 1 b (new)
Paragraph 1 b (new)
1 b. Notes that the cultural and creative sectors are suffering the consequences of the Covid-19 pandemic, as protective measures have led to an existential loss of revenue for artists and cultural creators; acknowledges that artists' remuneration is often unstable and uncertain, it comes from different sources such as contracts, public grants and subsidies, which renders their income highly unpredictable, leaves them in precarious situations and weakens their resilience; points out that IPRs are an essential source of revenue for the cultural and creative sectors, providing artists and cultural creators with economic independence and social security through assured, ongoing income;
Amendment 12 #
2021/2007(INI)
Motion for a resolution
Citation 6 a (new)
Citation 6 a (new)
– having regard to Regulation (EU) 2019/933 of the European Parliament and of the Council of 20 May 2019 amending Regulation (EC) No 469/2009 concerning the supplementary protection certificate for medicinal products,
Amendment 13 #
2021/2007(INI)
Motion for a resolution
Citation 6 a (new)
Citation 6 a (new)
– having regard to Directive (EU) 2019/790 of the European Parliament and of the Council of 17 April 2019 on copyright and related rights in the Digital Single Market,
Amendment 14 #
2021/2007(INI)
Motion for a resolution
Citation 6 a (new)
Citation 6 a (new)
Amendment 16 #
2021/2007(INI)
Motion for a resolution
Citation 9 a (new)
Citation 9 a (new)
– having regard to the 2009 Commission's Pharmaceutical Sector Inquiry Report,
Amendment 17 #
2021/2007(INI)
Motion for a resolution
Citation 10 a (new)
Citation 10 a (new)
– having regard to the Council conclusions setting the EU's priorities for the fight against serious and organised crime for EMPACT 2022 - 2025,
Amendment 18 #
2021/2007(INI)
Draft opinion
Paragraph 1 c (new)
Paragraph 1 c (new)
1 c. Recognises that online piracy leads to considerable economic losses to the European cultural and creative sectors which ultimately results in less investment in creative and journalistic content and sports to the detriment of cultural diversity and ultimately the European consumer;
Amendment 18 #
2021/2007(INI)
Motion for a resolution
Citation 10 b (new)
Citation 10 b (new)
– having regard to the February 2021 join EPO-EUIPO firm-level analysis report on Intellectual property rights and firm performance in the European Union,
Amendment 19 #
2021/2007(INI)
Draft opinion
Paragraph 1 d (new)
Paragraph 1 d (new)
1 d. Acknowledges that IPRs protection encourages the creative, inventive and innovative activity, hence providing for the largest number of people the benefit of such activity; notes that such activity requires the recognition of the creators, namely, the inventors, innovators and authors, and makes it possible for them to obtain a compensation for their creative endeavours; champions the right of the creator, whether it be an individual or a legal entity, to prevent others from benefiting from the exploitation of creations without consent and without compensation to the creator; reminds that failure to do so encourages counterfeiting and piracy;
Amendment 19 #
2021/2007(INI)
Motion for a resolution
Citation 10 c (new)
Citation 10 c (new)
– having regard to the in-depth analysis 'Standard Essential Patents and the Internet of Things' of January 2019 (PE 608.854),
Amendment 20 #
2021/2007(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Asks the Member States to ensure that companies from the cultural and creative sectors, especially content producers, are encouraged to acquire IPRs on their creations and improve their position in competitive markets; outlines that companies who own IPRs have 20 % higher revenue, improving their ability to access previously untapped highly competitive markets1 ; points out that employees also increasingly benefit from a high level of protection, as IPR-owning companies pay wages that are on average 19% higher than firms that do not own IPR2a; is therefore concerned that only approximately 9 % of SMEs own IPRs; welcomes, therefore, the IP vouchers, the IP-Scan and other initiatives of the Commission and the EUIPO to help SMEs make the most of their IP and asks the Commission to consider to launch similar initiatives for all kind of IP assets; _________________ 1 European Union Intellectual Property Office Observatory, ‘Impact of intellectual property rights intensive industries in the European Union’, IP Contribution, four EU-wide studies on the contribution of intellectual property rights (IPRs) to the EU economy, 2021. https://euipo.europa.eu/ohimportal/en/web/ observatory/ip-contribution#. 2aEuropean Union Intellectual Property Office Observatory, ‘Impact of intellectual property rights intensive industries in the European Union’, IP Contribution, four EU-wide studies on the contribution of intellectual property rights (IPRs) to the EU economy, 2021. https://euipo.europa.eu/ohimportal/en/we b/observatory/ip-contribution#.
Amendment 21 #
2021/2007(INI)
Motion for a resolution
Recital A
Recital A
A. whereas strong protection and enforcement of intellectual property rights (IPR), which play a hugevery important role in the European economy, are essential;
Amendment 22 #
2021/2007(INI)
Motion for a resolution
Recital A a (new)
Recital A a (new)
Aa. whereas investments in intangibles were significantly less affected by the 2008 economic crisis, thereby showing the potential of IP assets in creating economic stability and growth that allows for more secure and stable jobs;
Amendment 23 #
2021/2007(INI)
Motion for a resolution
Recital A b (new)
Recital A b (new)
Ab. whereas studies show that SMEs using IPRs grow faster and are more resilient to economic downturns and therefore they offer a more secure and stable labour market in IP-related sectors; whereas this points to a positive correlation between IPR ownership and quality and stability of employment, thus justifying the call for companies to ensure the increase in revenue per employee made possible by IPR ownership is reflected in the working conditions afforded to workers, including, but not only, when it comes to wages;
Amendment 24 #
2021/2007(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. Notes that the number of national patent filings is higher than the number of European patent filings in the majority of the Member States; asks the Commission to evaluate if the cost related to the European patent filings and its protection have an impact on this preference, in particular for SMEs;
Amendment 26 #
2021/2007(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
Amendment 27 #
2021/2007(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Highlights the challenges that SMEs face in acquiring IPRs and notes with concern the fragmentation of the European IP system, in particular the need for parallel litigations in multiple EU countries; calls for the process to become more streamlined and straightforward and for SMEs to be equipped with accurate information to facilitate the IPR acquisition process and to be informed of the benefits of IPRs for their commercial competitiveness; stresses the need for concrete measures to improve information and advice, which must be adequately funded and provide a low-threshold service for SMEs;
Amendment 27 #
2021/2007(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
Ba. whereas the Bolar exemption allows the development of generic and biosimilar medicinal products for regulatory approvals during the IP protection of the reference product in order to ensure market entry and free competition as soon as possible after the IP expiry;
Amendment 29 #
2021/2007(INI)
Bb. whereas these facts also point to the importance of incentivising and helping SMEs protect and own their IPRs, namely by making sure that procedures are clear and simplified, since a higher number of successful SMEs directly results in a higher number of jobs available;
Amendment 30 #
2021/2007(INI)
Motion for a resolution
Recital B c (new)
Recital B c (new)
Bc. whereas European innovators are frontrunners in green technologies, holding a major portion of green patents and having strong IP portfolios in technologies such as climate change adaptation, carbon capture and storage, water and waste treatment;
Amendment 31 #
2021/2007(INI)
Motion for a resolution
Recital B d (new)
Recital B d (new)
Amendment 32 #
2021/2007(INI)
Motion for a resolution
Recital B e (new)
Recital B e (new)
Be. whereas there is a need to promote the valorisation and deployment of research and development in Europe as exemplified by the fact that in the field of AI only a minority of patent applicants worldwide are European even though a significant percentage of high-value publications on AI come from Europe;
Amendment 33 #
2021/2007(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Welcomes the Commission’s commitment to support the full and timely transposition of the two copyright framework directives; notes that the Commission is putting special emphasis on the implementation of Article 17 of the Copyright Directive2 and strongly supports its plans for issuing implementation guidelines for Member States; emphasises that the implementation should be carried out by Member States without delay; urges Member States to quickly and completely transpose the directives into their national legislation by reflecting the agreement achieved at EU level; _________________ 2Directive (EU) 2019/790 of the European Parliament and of the Council of 17 April 2019 on copyright and related rights in the Digital Single Market and amending Directives 96/9/EC and 2001/29/EC, OJ L 130, 17.5.2019, p. 92.
Amendment 33 #
2021/2007(INI)
Motion for a resolution
Recital B f (new)
Recital B f (new)
Bf. whereas IPR-intensive industries account for 93% of total EU exports of goods to the rest of the world;
Amendment 34 #
2021/2007(INI)
Bg. whereas the COVID-19 pandemic has shown the geo-political importance of IP protection policies;
Amendment 35 #
2021/2007(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Supports the Commission in the implementation of its intellectual property action plan of November 2020, as strong, robust IPR protection at national, European and international level which enables return on investment is particularly important for the economic and social recovery from COVID-19 as well as the creation of a digital and globally competitive sustainable economy in Europe where innovation also serves the purpose of contributing to the common good of society;
Amendment 39 #
2021/2007(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Acknowledges that IPRs protection encourages the creative, inventive and innovative activity, hence providing for the largest number of people the benefit of such activity; notes that such activity requires the recognition of the creators, namely, the inventors, innovators and authors, and makes it possible for them to obtain a compensation for their creative endeavours; champions the right of the creator, whether it be an individual or a legal entity, to prevent others from benefiting from the exploitation of creations without consent and without compensation to the creator; reminds that failure to do so encourages counterfeiting and piracy;
Amendment 41 #
2021/2007(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Highlights the ongoing problems faced by creators, artists, producers and cultural sector workers with regard to copyright and related rights; notes with great concern that they continue to be pressured into unfavourable contracts, giving up the rights to their intellectual property without receiving just remuneration for their creative work; points out, that a EUIPO study published in 2019 shows losses caused by piracy of illegal streaming of content might lead to lost jobs in the cultural and creative sectors and significant loss of public revenues and that providers of copyright- infringing IPTV subscriptions are estimated to have generated EUR 941.7 million of annual unlawful revenue in 2018; stresses that Member States must ensure that sufficient protection is put in place to prevent loss of IPRs by authors, creators, artists, producers and cultural sector workers across the EU. 5a. _________________ 5ahttps://euipo.europa.eu/tunnel- web/secure/webdav/guest/document_libra ry/observatory/documents/reports/2019_Il legal_IPTV_in_the_European_Union/201 9_Illegal_IPTV_in_the_European_Union _Full_en.pdf
Amendment 44 #
2021/2007(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. Regrets the significant use of the Internet for the distribution of pirated content and IPR-infringing services and welcomes the proposal of the Commission for a Digital Services Act on the basis of the principle that "what is illegal offline is illegal online" and to establish a robust framework to counter those IPR infringements, with an immediately take down following a notice and action procedure, to avoid reappearance of pirated content; highlights the fact that proactive measures from intermediaries would contribute enormously to the fight against piracy and that AI and blockchain could play an important role in detecting piracy and enforcing IPR; supports, therefore, the use of new technologies to combat IP infringements, and welcomes publications produced by the EUIPO Observatory;
Amendment 44 #
2021/2007(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Highlights that IPRs have many benefits for small and medium-sized enterprises (SMEs), since; underlines that IPRs- intensive industries offer better quality job positions, with better working conditions and higher remuneration; notes that SMEs that own IPRs havegenerate up to 68 % higher revenue per employee and wages paid are 20% higher compared to SMEs that do not; is therefore concerned that only approximately 9 % of SMEs own IPRs; welcomes, therefore, the IP vouchers, the IP-Scan and other initiatives of the Commission and the EUIPO to help SMEs make the most of their intellectual property (IP) and asks the Commission to consider to launch similar initiatives for all kind of intellectual property (IP) assets;
Amendment 49 #
2021/2007(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Is convinced that support for SMEs, including financial and non-financial measures, is the right way to provide them with better knowledge and facilitate their access to IPRs and that the Union’s financial instruments are of the utmost importance in this context; calls on the Commission and the EUIPO, therefore, to continue implementing IP management support measures for SMEs in the context of the economic recovery, including the provision of one-stop shop access to information and related services and advice about IP;
Amendment 51 #
2021/2007(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Welcomes the announced European IP Information Centre as one of many measures to ensure that Europe capitalises further on the value of the knowledge our companies constantly create, develop and share and that they are equipped with the necessary tools and information or manage such assets more actively; this is furthermore shown by the fact that few European SMEs benefit from their IP when trying to get access to finance even though intangibles are some of the most valuable assets;
Amendment 58 #
2021/2007(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Stresses that the Unitary Patent package (UPP) initiative, which includes the European patent with unitary effect (unitary patent) and the Unified Patent Court (UPC), will potentially make patent protection and dispute settlement across Europe less compcomprehensiblex, less costly and more efficient; askinvites the participating Member States which have not yet done so, therefore, to concludemove forward on the ratification of the Agreement on a Unified Patent Court (UPCA), as well as the Protocol to the UPCA on provisional application (PPA), as soon as possible, or by other means to declare that they are bound to the PPA in order to allow for a rapid entry into operation of the UPP;
Amendment 61 #
2021/2007(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Encourages the Member States that are not yet participating in enhanced cooperation for the creation of unitary patent protection and/or have not yet acceded to the UPCA, to do socontinue their process towards full participation;
Amendment 62 #
2021/2007(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Notes that the number of national patent filings is higher than the number of European patent filings in the majority of the Member States; asks the Commission to evaluate the cost related to the European patent filings and its protection, in particular for SMEs;
Amendment 65 #
2021/2007(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Welcomes the one-stop-shop alternative dispute resolution system to be established under Article 35 of the UPCA; asks the Member States to enable the quick roll-out of the patent arbitration and mediation centre and calls on the Commission to assess whether the centre could, in thethe mid and long- term, deal with all IP disputes competencies of the centre;
Amendment 66 #
2021/2007(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Strongly recommends a comprehensive analysis and revision of the preliminary impact assessments on the effectiveness of the UPC, namely to SMEs, before the Court enters into operation, to thoroughly evaluate the affordability of the litigation costs, in particular its repercussions to the sustainability of SMEs;
Amendment 73 #
2021/2007(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Calls on the Commission to thoroughly evaluate the actual impact that a proposal for a unitary SPC would have on the generic and biosimilar medicines market entry, and on equitable patient access to treatments; at the same time calls on the Commission to take full account of and assess the effective implementation of the SPC Manufacturing Waiver in light of the conditions and limitations to it, especially in regards to stockpiling;
Amendment 77 #
2021/2007(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Underlines that inefficiencies and lack of transparency and predictability hamper innovators and producers to the ultimate detriment of patients;
Amendment 78 #
2021/2007(INI)
Motion for a resolution
Paragraph 9 b (new)
Paragraph 9 b (new)
9b. Recalls the importance of ensuring the highest quality of the European Patent Office (EPO) patent granting process and the removal of the abuses of divisional patent applications together with a clear political accountability of the EPO, as vital for the credibility of the European IP system; asks the Commission to address the issue of abuses of the divisional patent applications at EPO;
Amendment 79 #
2021/2007(INI)
Motion for a resolution
Paragraph 9 c (new)
Paragraph 9 c (new)
9c. Recalls that innovation should match the most urgent needs of society and that supply of medicines, including generics and biosimilars, should be promoted in this context, as well as affordability and swift availability;
Amendment 80 #
2021/2007(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Acknowledges that information on the existence, scope and relevance of standard essential patents (SEPs) is important for fair licensing negotiations allowing the potential user of standards to identify the scale of their exposure to SEPs and possible licensors; notes that although good faith negotiations between willing parties occur in most cases, SEPs are often litigated; suggests to the Commission that it looks into possible incentives for negotiation that avoid litigation as it would avoid the inherent dispute costs and reduce other related problems;
Amendment 81 #
2021/2007(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Stresses that many patent applications declared in standard development organisations during the standard setting process as potentially essential may eventually not be essential to the standard as finally adopted or after the granting of the patent, and that an appropriate scrutiny mechanism would enhance transparency and increase legal certainty; welcomes in this regard the pilot study for essentiality assessment of SEPs9 ; acknowledges that such essentiality assessment should be truly independent and transparent on determining whether a declared SEP is essential or not; _________________ 9European Commission Joint Research Centre, Pilot study for Essentiality Assessment of Standard Essential Patents, 2020.
Amendment 82 #
2021/2007(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Asks the Commission to further investigatecarefully consider, together with the relevant stakeholders, the requirements for an independent, neutral and transparent system of third-party essentiality checks by identifying the demand for, assessing the impact of and defining the role that resources such as emerging technologies like AI and related technologies and/or technical expertise contributed by the EPO could play in that context, and to use the knowledge gained as input for thto any future legislative initiative on SEP envisaged for the beginning of 2022; underlines that any proposed system of essentiality must be subject to judicial review and be without prejudice to the rights of the parties to access the courts to adjudicate on disputes;
Amendment 85 #
2021/2007(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Acknowledges the importance of a balanced licensing system for SEPs and insists on the importance of stable, levelled, efficient and fair rules in that regard; underlines thatrecalls the European Parliament's previous call for the Commission to publish biannual reports evidencing actual cases of unlicensed SEP use and issues regarding access to standards due to systematic non-compliance with ‘fair, reasonable and non- discriminatory terms’ (FRAND) are vague legal terms that include legal uncertainty and calls on the Commission to monitor industry developments and provide more clarity on various aspects of FRANDcommitments; calls on the Commission to provide more clarity on various aspects of FRAND, as well as case law on the topic, especially for SMEs utilising standardised technology for the first time, including through designating an observatory (a competence centre) to that effect, and to publish annual reports evidencing actual cases of non-compliance with FRAND and so-called patent ‘hold- up’ and patent ‘hold-out’;
Amendment 90 #
2021/2007(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Highlights the value of existing industry-led voluntary initiatives to facilitate SEP licensing for the Internet of Things, such as licensing pools, which bring together the vast majority of European and international technology developers;
Amendment 92 #
2021/2007(INI)
Motion for a resolution
Paragraph 13 b (new)
Paragraph 13 b (new)
13b. Notes the importance of transparency and the need to proactively provide necessary information upfront while licensing standard-essential patents on FRAND terms, in a way to ensure a fair outcome of good faith negotiations between parties;
Amendment 93 #
2021/2007(INI)
Motion for a resolution
Paragraph -14 a (new)
Paragraph -14 a (new)
-14a. Welcomes the initiatives and the actions towards strengthening, modernising, streamlining and better enforcing the system for geographical indications (GI) for agricultural products, food, wines and spirits to make it more precise and effective; notes that their implementation would contribute to creating and protecting quality jobs, to the promotion of social, environmental and economic sustainability of the rural areas, and to fostering the European cultural diversity;
Amendment 95 #
2021/2007(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Supports the Commission in its initiative to establish EU sui generis protection of geographical indications (GIs) for non- agricultural products, in order to align towith the WTO Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement), which sets out that geographical indications are those which identify a product as originating in the territory of a Member or a region or locality in that territory, where a given quality, reputation or other characteristic of the product is essentially attributable to its geographical origin; and the Geneva Act of the Lisbon Agreement on Appellations of Origin and Geographical Indications, which includes the possibility to protect GIs for both agricultural and non-agricultural products;
Amendment 100 #
2021/2007(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Considers that such EU sui generis protection must envisage necessary safeguards, including effective and transparent application and opposition mechanisms;
Amendment 102 #
2021/2007(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Takes note that some Member States have already established national sui generis protection systems for GIs for non- agricultural products, creating fragmentation, and that protection at Union level would bring the necessary legal certainty to all players along with guaranteed prevention of intellectual property rights violations concerning manufactured and artisanal products;
Amendment 105 #
2021/2007(INI)
15a. Points to the advantages of establishing EU sui generis protection of geographical indications (GIs) for non- agricultural products for citizens such as fostering local identity, attracting tourism and contributing to job creation, thereby also giving a boost to less developed regions;
Amendment 108 #
2021/2007(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Welcomes the Commission’s willingness to revise Union legislation on design protection to better support the transition to the digital and green economy and calls on the Commission to update the registration procedure to allow for new forms of design , such as graphical user interfaces, virtual and animated designs, fonts and icons, and those relevant following new developments and technologies to be protected in an easy and less burdensome way;
Amendment 113 #
2021/2007(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Points out that some Member States have already introduced a ‘spare parts exception’ or ‘repair clause’ into their legislation, allowing for component parts of complex products to be manufactured and sold without infringing on IPRs; notes that this creates fragmentation in the internal market and legal uncertainty; calls on the Commission, therefore, to include a ‘repair clause’ in its future proposal, that will contribute to support the transition into a more sustainable and greener economy;
Amendment 119 #
2021/2007(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Points out that counterfeit goods, in particular counterfeit medicines and fake personal protective equipment and masks in the context of the COVID-19 pandemic, can have serious impacts on the health of EU citizthere is a relation between counterfeited products and risks to the health and safety of consumers; namely, in the context of the COVID-19 pandemic, counterfeiting of medicines, personal protective equipmenst and masks can cause serious harm to public health; suggests that such relation is included and dealt with in the scope of the upcoming review of the EU General Product Safety Directive (GPSD);
Amendment 121 #
2021/2007(INI)
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
19a. Notes that counterfeiting and piracy result annually in direct employment losses of 416 000 jobs and that the presence of counterfeit products in the EU market not only poses serious health, safety and security threats but also negatively impacts the environment, the creative and cultural industries and the sports sector;
Amendment 124 #
2021/2007(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Highlights that in 2016, up to 6.8 % of EU imports, or a value of EUR 121 billion, were fake goods and that IPR infringement entails a low level of risk in terms of both the likelihood of detection and the punishment if detected; urges the Member States, together with the European Commission, customs authorities, Europol, Interpol, and law enforcement authorities to coordinate strategies and to develop effective and dissuasive sanctions to fight counterfeiting and piracy;
Amendment 127 #
2021/2007(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Stresses that the Internet isRegrets the significantly used to of the Internet for the distributeion of counterfeit products, infringing content and IPR- infringing services and welcomes the proposal of the Commission for a Digital Services Act on the basis of the principle that "what is illegal offline, is illegal online"; calls for the establishment of a robust framework to counter those IPR infringements; highlights the fact that proactive measures from intermediaries would contribute enormously to the fight against counterfeiting and piracy and that AI and blockchain could play an important role in detecting counterfeit and piracy and enforcing IPR in the whole supply chain; supports, therefore, the use of new technologies to combat IP infringements and welcomes publications produced by the EUIPO Observatory;
Amendment 131 #
2021/2007(INI)
Motion for a resolution
Paragraph 21 a (new)
Paragraph 21 a (new)
21a. Highlights that a strong notice and action system, avoiding the reappearance of infringing IPRs products and content, a strong Know Your Business Customer principle, an accessible trusted flaggers system and a properly balanced system of personal privacy rights and intellectual property rights is key to ensure the sustainability of the Internet and to tackle IPR-infringements online;
Amendment 135 #
2021/2007(INI)
Motion for a resolution
Paragraph 22 a (new)
Paragraph 22 a (new)
22a. Asks the Commission to further work on the establishment of an EU Toolbox against counterfeiting and piracy setting out principles for joint action, cooperation and data sharing among right holders, intermediaries and law enforcement authorities;
Amendment 139 #
2021/2007(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Highlights that IP protection related to AI technologies is important and that even though current rules on the protection of computer-implemented inventions by patents may cover AI technologies, clear criteria for the protection ofIPRs of creations and inventions cregenerated with the helpassistance of AI technologies are necessary; asks the Commission, therefore, in cooperation with the EPO and EUIPO, to provide legal certainty on this subject and to follow the issue closely at international level in the WIPO;
Amendment 141 #
2021/2007(INI)
Motion for a resolution
Paragraph 23 a (new)
Paragraph 23 a (new)
23a. Recognizes the high potential that blockchain technologies present for the registration and protection of IPRs; stresses that blockchain systems can help secure the supply chain by offering the traceability, safety and securing of each steps against the dangers of counterfeiting at each level of the supply chain; notes, in particular with regards to the registration of IPRs, the need for Intellectual Property Offices (IPOs) to adopt technical standards for their blockchain solutions that would promote their interoperability with each other;
Amendment 142 #
2021/2007(INI)
Motion for a resolution
Paragraph 23 a (new)
Paragraph 23 a (new)
23a. Welcomes the Commission’s recognition of the importance to tackle the fragmented implementation of the Bolar exemption for medicinal products by clarifying all the actions covered by the Bolar, including the supply of Active Pharmaceutical Ingredients (API) and all the necessary administrative steps to be ready to effectively enter the market immediately after IP expiry;
Amendment 143 #
2021/2007(INI)
Motion for a resolution
Paragraph 23 b (new)
Paragraph 23 b (new)
23b. Underlines that the lack of harmonisation of rules on authorship and copyright ownership can lead to divergent national solutions as regards AI-assisted works; awaits the results of the Commission’s study on copyright and new technologies focusing on copyright data management and artificial intelligence; Notes the potential of high quality metadata and new technologies to boost transparency and improve data management with regard to copyright and the identification of rights owners;
Amendment 144 #
2021/2007(INI)
Motion for a resolution
Paragraph 23 b (new)
Paragraph 23 b (new)
23b. Points out that the 2009 Commission's Pharmaceutical Sector Inquiry Report declared patent linkage in the EU legislation as unlawful, as it distorts competition and delays generic and biosimilar market entry, frustrating the objectives of the Bolar exemption; therefore calls on a ban of all forms of patent linkage within EU legislation.
Amendment 145 #
2021/2007(INI)
Motion for a resolution
Paragraph 23 c (new)
Paragraph 23 c (new)
23c. Underlines that, despite a high level of harmonization of IP rights across Europe, there is still a lack of efficient cross-border enforcement for those rights in the EU;
Amendment 146 #
2021/2007(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Regrets the fact that the Commission’s 2016 study on patent assertion entities (PAE) in Europe10 concluded that the EU legal framework already provides for safeguards although it did not provide a clear answer to the question of whether the business models of some PAE, consisting in acquiring patents from third parties and seeking to generate revenue by asserting them against alleged infringers by misusing litigation asymmetries, abuse loopholes in existing legislation and therefore; encourages the Commission to constitute a problem that should be tackled; calls the Commission to carry out an in-depth study on this issue; nue to monitor this issue and to carry out an in-depth study, namely on business models seeking to generate revenue from the acquisition of patents from third parties to tackle this problem; _________________ 10European Commission Joint Research Centre, Patent Assertion Entities in Europe: Their impact on innovation and knowledge transfer in ICT markets, 2016.
Amendment 150 #
2021/2007(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Notes that IPR protection is key in encouraging companies to Acknowledges the importance of compulsory licensing or waiver of IPRs for medicinvest in innovative products and processes and to produce new med as a last-resort tool meant to fight global health emergencies and to allow life-saving interventions in the public interest, but is convinced that compulsory licensing of patents is important as a last-resort tool meant to allow life-saving interventions in the public interestand in anticipation of future needs resulting from the conditions imposed by the accessibility to certain medical products that ultimately jeopardise the lives of patients; calls on the Commission, therefore, to analyse and explore possible options for ensuring effectiveness and better coordination of compulsory licensing and waiver of IPRs for medicines in the EU, taking into account cases in which it has been used in the Union, the reasons for its use, the conditions under which it was granted, its economic consequences and whether it achieved the desired effect;
Amendment 155 #
2021/2007(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
26. Suggests that an IP and competition coordinator be established at European level in order to ensure a holistic and coordinated approach to EU IP and competition policy and enhance cooperation between the different national IP authorities, the Directorates-General of the Commission and other bodies in charge of IPR, such as the EPO, EUIPO and WIPO;
Amendment 158 #
2021/2007(INI)
Motion for a resolution
Paragraph 26 a (new)
Paragraph 26 a (new)
26a. Reminds that more initiatives to address public awareness is needed in order to protect intellectual property rights, also in the field of 3D printing; Recalls that 3D-printing technology may raise some specific legal concerns regarding all areas of intellectual property law, such as copyright, patents, designs, three-dimensional trademarks and geographical indications;
Amendment 159 #
2021/2007(INI)
Motion for a resolution
Paragraph 26 b (new)
Paragraph 26 b (new)
26b. Defends that promotion of better IP management in the Research & Innovation community is needed in order to materialise Europe’s excellent research into innovation that is beneficial to its citizens and businesses; stresses that, in this context, publicly funded IP must be used in a fair and effective manner and that results achieved with EU funds should be used to improve the EU’s economy for all;
Amendment 160 #
2021/2007(INI)
Motion for a resolution
Paragraph 26 c (new)
Paragraph 26 c (new)
26c. Recalls that IPR-intensive industries generate the bulk of EU trade activities; stresses the alarming poor IPRs enforcement framework in the context of trade relationships, especially at the multilateral level; asks, therefore, the Commission to call IPRs enforcement to be addressed at the World Trade Organization (WTO) and World Intellectual Property Organization (WIPO);
Amendment 1 #
2021/0395(COD)
Proposal for a directive
Recital 3
Recital 3
(3) For the purposes of enhancing judicial cooperation in civil commercial and criminal matters with cross-border implications, legal acts of the Union providing for communication between competent authorities, including Union agencies and bodies, should be complemented by conditions for conducting such communication through digital means in a manner that ensures the protection of fundamental rights as provided for in the Charter of Fundamental Rights of the European Union, especially those enshrined in Title VI and Article 47 on the right to an effective remedy and to a fair trial. These conditions should in no way undermine the protection of procedural rights that are essential for the protection of those fundamental rights, including those stemming from Directives 2010/64/EU, 2012/13/EU,2013/48/EU and (EU) 2016/343 of the European Parliament and of the Council.
Amendment 66 #
2021/0394(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) For the purposes of enhancing judicial cooperation and access to justice, legal acts of the Union providing for communication between competent authorities, including Union agencies and bodies, and between competent authorities and natural and legal persons, should be complemented by conditions for conducting such communication through digital means in a manner that ensures the protection of fundamental rights as provided for in the Charter, especially those enshrined in Title VI and Article 47 on the right to an effective remedy and to a fair trial. These should in no way undermine procedural rights that are essential for the protection of those fundamental rights, including those stemming from Directives 2010/64/EU, 2012/13/EU, 2013/48/EU and (EU) 2016/343 of the European Parliament and of the Council.
Amendment 77 #
2021/0394(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) It is important that appropriate channels are developed to ensure that justice systems can efficiently cooperate digitally. Therefore, it is essential to establish, at Union level, an information technology instrument that allows swift, direct, interoperable, reliable and secure cross-border electronic exchange of case related data among competent authorities, while respecting the fundamental rights guaranteed by the Charter, especially the protection of privacy and personal data.
Amendment 83 #
2021/0394(COD)
Proposal for a regulation
Recital 6 a (new)
Recital 6 a (new)
(6 a) Digitalisation of proceedings in civil and criminal matters in the Union should be encouraged with the aim of strengthening the rule of law and fundamental rights, namely by facilitating access to justice by all, in particular vulnerable groups such as the elderly, migrants or people with disabilities.
Amendment 84 #
2021/0394(COD)
Proposal for a regulation
Recital 6 b (new)
Recital 6 b (new)
(6 b) In the context of this Regulation, accessibility, in particular for people with disabilities, should be understood as principles and techniques to be observed when designing, constructing, maintaining, and updating websites, software, electronic communications, videoconferencing and other distance communication technology in order to make them more accessible to users.
Amendment 85 #
2021/0394(COD)
Proposal for a regulation
Recital 7 a (new)
Recital 7 a (new)
Amendment 87 #
2021/0394(COD)
Proposal for a regulation
Recital 7 b (new)
Recital 7 b (new)
(7 b) Member States should ensure that all justice professionals receive legal training, including prosecutors, judges, lawyers and administrative staff. Such training should aim at improving the functioning of justice systems across the EU, as well as the upholding of fundamental rights and values, notably by enabling justice professionals to efficiently address any challenges that may arise during proceedings due to their virtual nature, such as hearings held via videoconferencing or other distance communication technology.
Amendment 94 #
2021/0394(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) For the purposes of this Regulation, Member States should be able to use instead of a national IT system, a Commission-developed software (reference implementation software). The Commission should be responsible for the creation, maintenance and development of this reference implementation software in accordance with the principles of data protection by design and by default. The Commission should design, develop and maintain the reference implementation software in compliance with the data protection requirements and principles laid down in Regulation (EU) 2018/1725 of the European Parliament and of the Council34 and Regulation (EU) 2016/679 of the European Parliament and of the Council35 , in particular the principles of data protection by design and by default as well as high level of cybersecurity. In particular, any natural or legal persons that take part in creating, maintaining or developing the national IT systems or the reference implementation software should be bound by these requirements and principles. The reference implementation software should also include appropriate technical measures and enable the organisational measures necessary for ensuring a level of security and interoperability which is appropriate for the exchange of information in the context of cross-border judicial procedures. _________________ 34 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). 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).
Amendment 98 #
2021/0394(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) In order to provide swift, secure and efficient assistance to applicants, written communication between competent authorities, such as courts and Central Authorities established under Council Regulation (EC) 4/200936 and Council Regulation (EU) 2019/111137 , should, as a rule, be carried out through the decentralised IT system. In exceptional cases, other means of communication may be used if those are found to be more appropriate for the purposes of ensuring flexibility. However, the decentralised IT system should always be considered the most appropriate means for exchanging forms between competent authorities established by the legal acts listed in Annex I and Annex II to this Regulation. _________________ 36 Council Regulation (EC) No 4/2009 of 18 December 2008 on jurisdiction, applicable law, recognition and enforcement of decisions and cooperation in matters relating to maintenance obligations (OJ L 7, 10.1.2009, p. 1–79) 37 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 abduction (OJ L 178, 2.7.2019, p. 1).
Amendment 102 #
2021/0394(COD)
Proposal for a regulation
Recital 14
Recital 14
(14) In exceptional cases, other means of communication than the decentralised IT system may be used. Transmission through the decentralised IT system could be impossible due to a disruption of the system or where the nature of what has to be transmitted makes transmission by digital meansthe decentralised IT system impracticable, such as the transmission of physical/material evidence. Where the decentralised IT system is not used, communication should be carried out by the most appropriate alternative means. Such alternative means should entail, inter alia, transmission being performed as swiftly as possible and in a secure manner by other secure electronic means or by postal service. In any case, documents submitted by means other than the decentralised IT system should not be considered inadmissible solely on that basis. However, the decentralised IT system should always be considered the most appropriate means for exchanging forms between competent authorities established by the legal acts listed in Annex I and Annex II to this Regulation.
Amendment 104 #
2021/0394(COD)
Proposal for a regulation
Recital 15
Recital 15
Amendment 106 #
2021/0394(COD)
Proposal for a regulation
Recital 15 a (new)
Recital 15 a (new)
(15 a) In order to safeguard the principle of equality of arms, it is important that when other parties in a case and their legal or authorised representative have the right to access case materials, such as communication between competent authorities, they can do so via the decentralised IT system.
Amendment 110 #
2021/0394(COD)
Proposal for a regulation
Recital 17
Recital 17
(17) For the purpose of facilitating access of natural and legal persons and their legal or authorised representatives to the competent authorities, this Regulation should establish an access point at Union level (European electronic access point), as part of the decentralised IT system through which natural and legal persons and their legal or authorised representatives should be able to file claims, launch requests, send and receive procedurally relevant information and communicate with the competent authorities, for cases covered by this Regulation. The European electronic access point should be hosted on the European e-Justice Portal, which serves as a one-stop-shop for judicial information and services in the Union.
Amendment 115 #
2021/0394(COD)
Proposal for a regulation
Recital 18
Recital 18
(18) Member States should be responsible for the establishment, maintenance and development of national electronic portals (national IT portals) for the purposes of electronic communication between natural and legal persons and their legal or authorised representatives and the respective authorities which are competent in the proceedings under the legal acts listed in Annex I.
Amendment 119 #
2021/0394(COD)
Proposal for a regulation
Recital 19
Recital 19
(19) In the context of the communication in cross-border cases of natural and legal persons and their legal or authorised representatives with competent authorities, electronic communication should be used as an alternative to the existing means of communication. Notwithstanding, to ensure that access to justice through digital means does not contribute to further widening of the digital divide, the choice of the means of communication between electronic communication, as provided by this Regulation, and other means of communication should be left to the discretion of the individualnatural persons concerned. This is particularly important in order to cater for the specific circumstances of disadvantaged groups and people in situation of vulnerability, such as children or older people, who may lack the requisite technical means or digital skills to access digital services. However, for legal persons communication with competent authorities should take place, by default, via electronic means.
Amendment 126 #
2021/0394(COD)
Proposal for a regulation
Recital 21
Recital 21
(21) In order to facilitate oral hearings in proceedings in civil, commercial and criminal matters with cross-border implications, this Regulation should provide for the optional use of videoconferencing or other distance communication technology for the participation of the parties, as well as other relevant participants in proceedings, such as translators and the parties’ legal or authorised representatives, in such hearings. The procedure for applying and conducting of hearings through videoconferencing or other distance communication technology should be governed by the law of the Member State conducting the videoconference. The specific videoconferencing or other distance communication technology used should meet applicable privacy, data protection and information security standards irrespective of the type of hearing for which they are used. Conducting a hearing by videoconferencing or other distance communication technology should not be refused solely based on the non-existence of national rules governing the use of distance communication technology. In such cases the most appropriate rules available under the national law, such as rules for taking of evidence, should apply mutatis mutandis. In all cases where videoconferencing or other distance communication technology is used, the software used should be made freely available to all parties and other relevant participants to the proceedings. Moreover, in such cases, all parties and other relevant participants to the proceedings should have the necessary infrastructure to use videoconferencing or other distance communication technology, such as a stable internet connection and a suitable device. Any necessary adjustments should also be made to respect the principle of non-discrimination and all other fundamental rights guaranteed by the Charter.
Amendment 130 #
2021/0394(COD)
Proposal for a regulation
Recital 21 a (new)
Recital 21 a (new)
(21 a) Member States should ensure that any procedural rights foreseen in national law are respected regardless of whether an oral hearing takes place in person or via videoconferencing or any other distance communication technology and regardless of any unforeseen technical or logistical difficulties that may arise.
Amendment 135 #
2021/0394(COD)
Proposal for a regulation
Recital 24 a (new)
Recital 24 a (new)
(24 a) Member States should assess how digitalisation of proceedings impacts the costs related to the management and governance of their justice systems, as well as consider whether any cost reductions and savings made possible by digitalisation could result in lower legal fees, thereby improving access to justice by making it more affordable and less dependent on economic or social factors.
Amendment 137 #
2021/0394(COD)
Proposal for a regulation
Recital 27
Recital 27
(27) The reference implementation software developed by the Commission as a back-end system should programmatically collect the data necessary for monitoring purposes and such data should be transmitted to the Commission. Where Member States choose to use a national IT system instead of the reference implementation software developed by the Commission, such a system mayshould be equipped to programmatically collect those data and, in that case, those data should be transmitted to the Commission.
Amendment 140 #
2021/0394(COD)
Proposal for a regulation
Recital 29
Recital 29
(29) The application of this Regulation should be without prejudice to the separation of powers and the independence of the judiciary across the Member States, as well as to procedural rights as enshrined in the Charter of Fundamental Rights of the European Union46 and Union law, such as the procedural rights directives47 , and in particular to the right to an interpreter, the right of access to a lawyer, the right of access to the case file, the right to legal aid, and the right to be present at the trial. _________________ 46 Charter of Fundamental Rights of the European Union (OJ C 326, 26.10.2012, p. 391–407). 47 Directive 2010/64/EU of the European Parliament and of the Council of 22 May 2012 on the right to interpretation and translation in criminal proceedings (OJ 2010 L 280/1) Directive 2012/13/EU of the European Parliament and of the Council of 22 May 2012 on the right to information in criminal proceedings (OJ 2012 L 142/1); Directive 2013/48/EU of the European Parliament and of the Council of 22 October 2013 on the right of access to a lawyer in criminal proceedings and in European arrest warrant proceedings, and on the right to have a third party informed upon deprivation of liberty and to communicate with third persons and with consular authorities while deprived of liberty (OJ 2013 L 294/1); Directive (EU) 2016/343 of the European Parliament and of the Council of 9 March 2016 on the strengthening of certain aspects of the presumption of innocence and of the right to be present at the trial in criminal proceedings (OJ 2016 L 65/1);- Directive (EU) 2016/800 of the European Parliament and of the Council of 11 May 2016 on procedural safeguards for children who are suspects or accused persons in criminal proceedings (OJ 2016 L 132/1); Directive (EU) 2016/1919 of the European Parliament and of the Council of 26 October 2016 on legal aid for suspects and accused persons in criminal proceedings and for requested persons in European arrest warrant proceedings (OJ L 297, 4.11.2016).
Amendment 142 #
2021/0394(COD)
Proposal for a regulation
Recital 29 a (new)
Recital 29 a (new)
(29 a) In their application of this Regulation, the Union and the Member States should have due regard to the environmental impact of the digitialisation of cross-border judicial cooperation and should therefore aim to put in place measures that mitigate or reduce such impact to the extent possible and in view of promoting environmental sustainability.
Amendment 143 #
2021/0394(COD)
Proposal for a regulation
Recital 29 b (new)
Recital 29 b (new)
(29 b) For the purposes of complying with this Regulation in full respect of the Charter, given the highly sensitive nature of the information exchanged, Member States should strive to put in place national measures that would ensure a level of cybersecurity that is comparable to that of the NIS2 proposal.
Amendment 158 #
2021/0394(COD)
Proposal for a regulation
Article 2 a (new)
Article 2 a (new)
Article 2 a Non-discrimination and respect for fundamental rights The fundamental rights and freedoms of all persons affected by electronic communication in judicial procedures in civil, commercial and criminal matters, in particular the right to effective access to justice, the right to a fair trial, the principle of non-discrimination, the right to the protection of personal data and the right to privacy, shall be fully respected in accordance with Union law.
Amendment 159 #
2021/0394(COD)
Article 2 b Separation of powers and independence of the judiciary When carrying out their responsibilities under this Regulation, all entities shall respect the principle of the separation of powers and ensure that their decisions and actions respect the principle of the independence of the judiciary.
Amendment 168 #
2021/0394(COD)
Proposal for a regulation
Article 3 – paragraph 2
Article 3 – paragraph 2
2. Where electronic communication in accordance with paragraph 1 is not possible due to exceptional circumstances, such as the disruption of the decentralised IT system, and the nature of the transmitted material or exceptional circumstances, the transmission shall be carried out by the swiftest, most appropriate alternative means, taking into account the need to ensure a secure and reliable exchange of information.
Amendment 170 #
2021/0394(COD)
Proposal for a regulation
Article 3 – paragraph 3
Article 3 – paragraph 3
Amendment 176 #
2021/0394(COD)
Proposal for a regulation
Article 3 – paragraph 3 a (new)
Article 3 – paragraph 3 a (new)
3 a. Documents submitted by means other than the decentralised IT system shall not be considered inadmissible solely on that basis.
Amendment 177 #
2021/0394(COD)
Proposal for a regulation
Article 3 – paragraph 4
Article 3 – paragraph 4
Amendment 179 #
2021/0394(COD)
Proposal for a regulation
Article 3 – paragraph 4 a (new)
Article 3 – paragraph 4 a (new)
4 a. Where appropriate and in accordance with Member States’ national law, parties to a case and their legal or authorised representative shall have access to relevant case materials, such as communication between competent authorities, via the decentralised IT system.
Amendment 187 #
2021/0394(COD)
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
1. A European electronic access point shall be established on the European e- Justice Portal, to be used for electronic communication between natural or legal persons, or their legal or authorised representative, and competent authorities in cases falling under the scope of the legal acts listed in Annex I.
Amendment 192 #
2021/0394(COD)
Proposal for a regulation
Article 4 – paragraph 2
Article 4 – paragraph 2
2. The Commission shall be responsible for the creation, technical management, development, maintenance, security and support of the European electronic access point. The European electronic access point shall be made as accessible as technically possible to all natural or legal persons and their legal or authorised representatives.
Amendment 194 #
2021/0394(COD)
Proposal for a regulation
Article 4 – paragraph 2 a (new)
Article 4 – paragraph 2 a (new)
2 a. Member States shall ensure that accessible and free of charge assistance services are provided to any natural or legal persons and their legal or authorised representatives who may require them in order to use the European electronic access point or the national IT portals, where available.
Amendment 197 #
2021/0394(COD)
Proposal for a regulation
Article 4 – paragraph 3
Article 4 – paragraph 3
3. The European electronic access point shall allow natural and legal persons and their legal or authorised representative to file claims, launch requests, send and receive procedurally relevant information and communicate with the competent authorities, review relevant documents related to a proceeding and communicate with the competent authorities. The European electronic access point shall comply with the requirements of the national law of the relevant Member State with regard to form, language and representation.
Amendment 200 #
2021/0394(COD)
Proposal for a regulation
Article 5 – title
Article 5 – title
Means of communication between natural or legal persons and competent authorities
Amendment 204 #
2021/0394(COD)
Proposal for a regulation
Article 5 – paragraph 1 – introductory part
Article 5 – paragraph 1 – introductory part
1. Written communication between natural or legal personspersons, or their legal or authorised representative, and competent authorities falling within the scope of the legal acts listed in Annex I, may be carried out by the following electronic means:
Amendment 212 #
2021/0394(COD)
Proposal for a regulation
Article 5 – paragraph 2
Article 5 – paragraph 2
2. Competent authorities shall communicate with natural and legal persons through the European electronic access point or through national IT portals, where available, where that natural or legal person gave prior express consent to the use of this means of communication.
Amendment 214 #
2021/0394(COD)
Proposal for a regulation
Article 5 a (new)
Article 5 a (new)
Article 5 a Means of communication between legal persons and competent authorities 1. Written communication between legal persons or their legal or authorised representative and competent authorities falling within the scope of the legal acts listed in Annex I, shall be carried out by the following electronic means: (a) the European electronic access point; or (b) national IT portals, where available. 2. Where electronic communication in accordance with paragraph 1 is not possible due to exceptional circumstances, such as the disruption of the decentralised IT system and the nature of the transmitted material, the transmission shall be carried out by the swiftest, most appropriate alternative means, taking into account the need to ensure a secure and reliable exchange of information. 3. Documents submitted by means other than the decentralised IT system shall not be considered inadmissible solely on that basis. 4. Communication under paragraph 1 shall be considered equivalent to written communication under the applicable procedural rules.
Amendment 217 #
2021/0394(COD)
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
Competent authorities shall accept electronic communication under Article 5(1) and Article 5a(1), transmitted through the European electronic access point or national IT portals, where available.
Amendment 223 #
2021/0394(COD)
Proposal for a regulation
Article 7 – paragraph 1 – introductory part
Article 7 – paragraph 1 – introductory part
1. Without prejudice to specific provisions regulating the use of videoconferencing or other distance communication technology in proceedings under the legal acts listed in Annex I, and upon request of a party to proceedings falling under the scope of these legal acts or in other civil and commercial matters where one of the parties is present in another Member State, or upon request of their legal or authorised representative, competent authorities shall allow their participation as well as of all other relevant participants to the proceedings to a hearing by videoconferencing or other distance communication technology, provided that:
Amendment 226 #
2021/0394(COD)
Proposal for a regulation
Article 7 – paragraph 1 – point a
Article 7 – paragraph 1 – point a
(a) such technology is available and the relevant software is made freely available to all parties and other relevant participants to the proceedings, and
Amendment 229 #
2021/0394(COD)
Proposal for a regulation
Article 7 – paragraph 1 – point b a (new)
Article 7 – paragraph 1 – point b a (new)
(b a) all parties and other relevant participants to the proceedings have access to the necessary infrastructure to use videoconferencing or other distance communication technology, and
Amendment 231 #
2021/0394(COD)
Proposal for a regulation
Article 7 – paragraph 1 – point b b (new)
Article 7 – paragraph 1 – point b b (new)
(b b) the necessary adjustments are made to assure non-discrimination and respect for fundamental rights of all parties in line with Article 2a as well as respective procedural rights
Amendment 235 #
2021/0394(COD)
Proposal for a regulation
Article 7 – paragraph 2
Article 7 – paragraph 2
2. A request for conducting an oral hearing through videoconferencing or other distance communication technology may be refused by the competent authority where the particular circumstances of the case are not compatible with the use of such technology and the decision is duly justified.
Amendment 240 #
2021/0394(COD)
Proposal for a regulation
Article 7 – paragraph 3
Article 7 – paragraph 3
3. Competent authorities may on their own motion allowdetermine the participation of parties and other relevant parties to hearings by videoconference, provided that all parties to the proceedings are given the possibility to submit an opinion on the use of videoconferencing or other distance communication technologythe conditions under Articles 1(a), 1(b), 1(ba) and 1(bb) are met.
Amendment 241 #
2021/0394(COD)
Proposal for a regulation
Article 7 – paragraph 4
Article 7 – paragraph 4
4. Subject to this Regulation, the procedure for requesting and conducting a videoconference shall be regulated by the national law of the Member State conducting videoconferenin which the proceeding has been lodged or where the proceedings are taking place.
Amendment 244 #
2021/0394(COD)
Proposal for a regulation
Article 7 – paragraph 4 a (new)
Article 7 – paragraph 4 a (new)
4 a. Where the recording of hearings is provided for under the national law of a Member State for domestic cases, the same rules shall apply also to hearings through videoconferencing or other distance communication technology in cross-border cases. Member States shall take appropriate measures to ensure that such records are secured and not publicly disseminated.
Amendment 252 #
2021/0394(COD)
Proposal for a regulation
Article 8 – paragraph 1 – introductory part
Article 8 – paragraph 1 – introductory part
1. Where the competent authority of a Member State requests the hearing of a suspect, accused or convicted person in proceedings under the legal acts listed in Annex II, the competent authority shall allow their participation to the hearing, as well as of all other relevant participants to the proceedings, by videoconferencing or other distance communication technology, provided that:
Amendment 254 #
2021/0394(COD)
Proposal for a regulation
Article 8 – paragraph 1 – point a
Article 8 – paragraph 1 – point a
(a) such technology is available and the relevant software is made freely available to all parties and other relevant participants to the proceedings;
Amendment 257 #
2021/0394(COD)
Proposal for a regulation
Article 8 – paragraph 1 – point b
Article 8 – paragraph 1 – point b
(b) the particular circumstances of the case justify the use of such technology; and competent authorities take any necessary measures to ensure non-discrimination and respect for fundamental rights of all parties in line with Article 2a as well as applicable procedural rights;
Amendment 260 #
2021/0394(COD)
Proposal for a regulation
Article 8 – paragraph 1 – point c
Article 8 – paragraph 1 – point c
(c) the suspect, accused or convicted persons expressed consent on the use of videoconferencing or other distance communication technology. Before expressing consent on the use of videoconferencing or other distance communication technology the suspect or the accused person shall have the possibility to seek the advice of a lawyerMember States shall ensure that the consent to the use of videoconferencing by a suspect, accused or convicted person is given voluntarily and unequivocally. The competent authority conducting the hearing by videoconferencing or other distance communication technology shall verify the suspect’s, accused or convicted person’s consent before proceeding with the hearing. Verification of the consent shall be recorded in the records of the hearing in accordance with the national law of the Member State. Before the suspect, accused or convicted person is asked to express their consent, the competent authorities shall provide them with information about the procedure for conducting a hearing through videoconferencing or other distance communication technology, including their right to interpretation in accordance with Directive 2010/64/EU and their right of access to legal assistance in accordance with Directive 2013/48/EU.
Amendment 264 #
2021/0394(COD)
Proposal for a regulation
Article 8 – paragraph 1 – point c a (new)
Article 8 – paragraph 1 – point c a (new)
(c a) All parties as well as all other relevant participants to proceedings have access to the necessary infrastructure to use videoconferencing or other distance communication technology.
Amendment 272 #
2021/0394(COD)
Proposal for a regulation
Article 8 – paragraph 3
Article 8 – paragraph 3
3. Subject to this Regulation, the procedure for conducting a videoconference shall be regulated by the national law of the Member State conducting the videoconferenwhere the proceedings are taking place.
Amendment 282 #
2021/0394(COD)
4. The confidentiality of communication, such as through the use of videoconferencing or other distance communication technology, as well as sharing of documents between suspects, accused or convicted persons and their lawyer before and, during and after the hearing through videoconferencing or other distance communication technology shall be ensuredshall be ensured by Member States and, where appropriate, facilitated, by the relevant competent authority.
Amendment 292 #
2021/0394(COD)
Proposal for a regulation
Article 9 – title
Article 9 – title
Amendment 313 #
2021/0394(COD)
Proposal for a regulation
Article 17 – paragraph 1
Article 17 – paragraph 1
1. Every fivthree years after the date of application of Article 25, the Commission shall carry out an evaluation of this Regulation and present to the European Parliament and to the Council a report supported by information supplied by the Member States and collected by the Commission. It shall also include an assessment of the effect of electronic communication on the equality of arms in the context of cross-border civil and criminal proceedings;
Amendment 317 #
2021/0394(COD)
Proposal for a regulation
Article 17 – paragraph 3 – point b a (new)
Article 17 – paragraph 3 – point b a (new)
(b a) the number of relevant judicial professionals who have completed training in the use of digital tools for judicial cooperation;
Amendment 318 #
2021/0394(COD)
Proposal for a regulation
Article 17 – paragraph 3 – point b b (new)
Article 17 – paragraph 3 – point b b (new)
(b b) the number of cases where legal and technical assistance was provided to natural or legal persons in their use of the European electronic access point or the national IT portals, where available.
Amendment 319 #
2021/0394(COD)
Proposal for a regulation
Article 17 – paragraph 3 a (new)
Article 17 – paragraph 3 a (new)
3 a. The Commission may, where appropriate and duly justified, request information from national competent authorities other than the competent authority designated by Member States.
Amendment 320 #
2021/0394(COD)
Proposal for a regulation
Article 18 – paragraph 1 – point d a (new)
Article 18 – paragraph 1 – point d a (new)
(d a) identification of the competent authorities that should be considered as such for the proceedings under the legal acts that are listed in Annexes I and II.
Amendment 323 #
2021/0394(COD)
Proposal for a regulation
Article 19 – paragraph 1 – point 1
Article 19 – paragraph 1 – point 1
Regulation (EC) No 1896/2006
Article 19 – paragraph 1 – point 1
Article 19 – paragraph 1 – point 1
5. The application shall be submitted in paper form, by electronic means of communication provided for in Article 5 and Article 5a of Regulation (EU) …/…[this Regulation]52 , or, where the use of such means is not possible in duly identified exceptional cases, by any other means of communication, including electronic, accepted by the Member State of origin and available to the court of origin .. _________________ 52 * Regulation (EU) […] of the European Parliament and of the Council on the digitalisation of judicial cooperation and access to justice in cross-border civil, commercial and criminal matters, and amending certain acts in the field of judicial cooperation (OJ L …).
Amendment 324 #
2021/0394(COD)
Proposal for a regulation
Article 19 – paragraph 1 – point 3 – point a
Article 19 – paragraph 1 – point 3 – point a
Regulation (EC) No 1896/2006
Article 19 – paragraph 1 – point 3 – point a
Article 19 – paragraph 1 – point 3 – point a
4. The statement of opposition shall be submitted in paper form or by electronic means of communication provided for in Article 5 and Article 5a of Regulation (EU) …/…[this Regulation]54 , or, where the use of such means is not possible in duly identified exceptional cases, by any other means of communication, including electronic, accepted by the Member State of origin and available to the court of origin.. _________________ 54 * Regulation (EU) […] of the European Parliament and of the Council on the digitalisation of judicial cooperation and access to justice in cross-border civil, commercial and criminal matters, and amending certain acts in the field of judicial cooperation (OJ L …).
Amendment 325 #
2021/0394(COD)
Proposal for a regulation
Article 20 – paragraph 1 – point 1
Article 20 – paragraph 1 – point 1
Regulation (EC) No 861/2007
Article 20 – paragraph 1 – point 1
Article 20 – paragraph 1 – point 1
1. The claimant shall commence the European Small Claims Procedure by filling in standard claim Form A, as set out in Annex I to this Regulation, and lodging it with the court or tribunal with jurisdiction directly, by post, by electronic means of communication provided for in Article 5 and Article 5a of Regulation (EU) …/…[this Regulation]56 or, where the use of such means is not possible in duly identified exceptional cases, by any other means of communication, such as fax or e-mail, acceptable to the Member State in which the procedure is commenced. The claim form shall include a description of evidence supporting the claim and be accompanied, where appropriate, by any relevant supporting documents.. _________________ 56 * Regulation (EU) […] of the European Parliament and of the Council on the digitalisation of judicial cooperation and access to justice in cross-border civil, commercial and criminal matters, and amending certain acts in the field of judicial cooperation (OJ L …).
Amendment 326 #
2021/0394(COD)
Proposal for a regulation
Article 21 – paragraph 1 – point 1
Article 21 – paragraph 1 – point 1
Regulation (EU) No 655/2014
Article 21 – paragraph 1 – point 1
Article 21 – paragraph 1 – point 1
4. The application and supporting documents may be submitted by any means of communication, including electronic, which are accepted under the procedural rules of the Member State in which the application is lodged or by the electronic means of communication provided for in Article 5 and Article 5a of Regulation (EU) …/…[this Regulation]58 . _________________ 58 * Regulation (EU) […] of the European Parliament and of the Council on the digitalisation of judicial cooperation and access to justice in cross-border civil, commercial and criminal matters, and amending certain acts in the field of judicial cooperation (OJ L …).
Amendment 327 #
2021/0394(COD)
Proposal for a regulation
Article 21 – paragraph 1 – point 2
Article 21 – paragraph 1 – point 2
Regulation (EU) No 655/2014
Article 21 – paragraph 1 – point 2
Article 21 – paragraph 1 – point 2
5. The decision on the application shall be brought to the notice of the creditor in accordance with the procedure provided for by the law of the Member State of origin for equivalent national orders or by the electronic means of communication provided for in Article 5 and Article 5a of Regulation (EU) …/…[this Regulation]59 .. _________________ 59 * Regulation (EU) […] of the European Parliament and of the Council on the digitalisation of judicial cooperation and access to justice in cross-border civil, commercial and criminal matters, and amending certain acts in the field of judicial cooperation (OJ L …).
Amendment 328 #
2021/0394(COD)
Proposal for a regulation
Article 21 – paragraph 1 – point 4 – point a
Article 21 – paragraph 1 – point 4 – point a
Regulation (EU) No 655/2014
Article 21 – paragraph 1 – point 4 – point a
Article 21 – paragraph 1 – point 4 – point a
(b) by the electronic means of communication provided for in Article 5 and Article 5a of Regulation (EU) …/…[this Regulation]62 . _________________ 62 * Regulation (EU) […] of the European Parliament and of the Council on the digitalisation of judicial cooperation and access to justice in cross-border civil, commercial and criminal matters, and amending certain acts in the field of judicial cooperation (OJ L …).
Amendment 329 #
2021/0394(COD)
Proposal for a regulation
Article 22 – paragraph 1 – point 2
Article 22 – paragraph 1 – point 2
Regulation 848/2015
Article 22 – paragraph 1 – point 2
Article 22 – paragraph 1 – point 2
Any foreign creditor may lodge claims in insolvency proceedings by any means of communication, which are accepted by the law of the State of the opening of proceedings or by the electronic means of communication provided for in Article 5 and Article 5a of Regulation (EU) …/…[this Regulation]64 . _________________ 64 * Regulation (EU) […] of the European Parliament and of the Council on the digitalisation of judicial cooperation and access to justice in cross-border civil, commercial and criminal matters, and amending certain acts in the field of judicial cooperation (OJ L …).
Amendment 73 #
2021/0381(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) The right of persons with disabilities and of the elderly to participate and be integrated in thepolitical and democratic life of the Union should be ensured. Given that it is normally provided against remuneration, advertising, including political advertising, constitutes a service activity under Article 57 of the Treaty on the Functioning of the European Union (‘TFEU’). In Declaration No 22, regarding persons with a disability, annexed to the Treaty of Amsterdam, the Conference of the Representatives of the Governments of the Member States agreed that, in drawing up measures under Article 114 of the TFEU, the institutions of the Union are to take account of the needs of persons with disabilities.
Amendment 78 #
2021/0381(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) The need to ensure transparency is a legitimate public goal, in conformity with the values shared by the EU and its Member States pursuant to Article 2 of the Treaty on European Union (‘TEU’). It is not always easyTransparency of political advertising contributes to enabling voters to better understand when they are being presented with a political advertisement on whose behalf that advertisement is being made, and how they are being targeted by an advertising service provider, so that voters are better placed to make informed choices. However, it is often a challenge for citizens to recognise political advertisements and exercise their democratic rights in an informed manner. A high level of transparency is necessary, among others, to support an open and fair political debate and free and fair elections or referendums and to combat disinformation and unlawful interference including from abroad. Political advertising can be a vector of disinformation in particular where the advertising does not disclose its political nature, and where it is targeted. Transparency of political advertising contributes to enabling voters to better understand when they are being presented with a political advertisement on whose behalf that advertisement is being made, and how they are being targeted by an advertising service provider, so that voters are better placed to make informed choices.
Amendment 79 #
2021/0381(COD)
Proposal for a regulation
Recital 4 a (new)
Recital 4 a (new)
(4 a) In order to ensure a proper application of this Regulation and enhance transparency, it is also needed that Members States and EU service providers contribute to enhance the digital and media literacy of the citizens. Digital and media literacy should be understood as the knowledge, skills and understanding that allow citizens to engage effectively with media and other information providers and with the relation to political advertising, acquiring a basic knowledge on the notions and skills required to ensure compliance with and enforcement of this Regulation.
Amendment 83 #
2021/0381(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) In the context of advertising, including political advertising, targeting techniques are frequently used. Targeting or amplification techniques should be understood as techniques that are used either to address a tailored political advertisement only to a specific person or group of persons or to increase the circulation, reach or visibility of a political advertisement. Given the power and the potential for the misuse of personal data of targeting, in particular online, including through microtargeting and other advanced techniques, the use of such techniques mayfor the purpose of political advertising presents particular threats to legitimate public interests, such as fairness, equal opportunities and transparency in the electoral process and the fundamental right to be informed in an objective, transparent and pluralistic way.
Amendment 86 #
2021/0381(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) Political advertising is currently regulated heterogeneously in the Member States, which in many cases tends to focus on traditional media forms, whether it is on the online environment that the dissemination of political advertising are particularly challenging and need to be reinforced in the regulation. Specific restrictions exist including on cross-border provisions of political advertising services. Some Member States prohibit EU service providers established in other Member States from providing services of a political nature or with a political purpose during electoral periods. At the same time, gaps and loopholes in national legislation are likely to exist in some Member States resulting in political advertising sometimes being disseminated, mainly online, without regard to relevant national rules and thus risking undermining the objective of transparency regulation for political advertising.
Amendment 88 #
2021/0381(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) To provide enhanced transparency of political advertising including to address citizens' concerns, some Member States have already explored or are considering additional measures to address the transparency of political advertising and to support a fair political debate and free and fair elections or referendums. These national measures are in particular considered for advertising published and disseminated online and may include further prohibitions. These measures vary from soft to binding measures and imply different elementvels of transparency.
Amendment 91 #
2021/0381(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) This situation leads to the fragmentation of the internal market, decreases legal certainty for providers of political advertising services preparing, placing, publishing or disseminating political advertisements, creates barriers to the free movement of related services, distorts competition in the internal market, including between offline and online service providers, and requires complex compliance efforts and additional costs for relevant service providers. The principle that what is illegal offline should be illegal online should be ensured also in the context of political advertising services.
Amendment 95 #
2021/0381(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) In this context, providers of political advertising services are likely to be discouraged from providing their political advertising services in cross- border situations. This is particularly true for microenterprises and SMEs, which often do not have the resources to absorb or pass on the high compliance costs connected to the preparation, placement, publication or dissemination of political advertising in more than one Member State. This limits the availability of services and negatively impacts the possibility for service providers to innovate and offer multi- medium and multi-national campaigns within the internal market.
Amendment 104 #
2021/0381(COD)
Proposal for a regulation
Recital 14
Recital 14
(14) The Regulation should provide for harmonised transparency requirement applicable to economic actors providing political advertising and related services (i.e. activities that are normally provided for remuneration); those services consist in particular of the preparation, placement, promotion, publication and dissemination of political advertising. The rules of this Regulation that provide for a high level of transparency of political advertising services are based on Article 114 of the TFEU. This Regulation should also address the use of targeting and amplification techniques in the context of the publication, dissemination or promotion of political advertising that involve the processing of personal data. The rules of tlack of skills, knowledge and understanding on digital and media literacy by promoting tools and measures for the development of digital and media literacy programmes, including through education and training, skilling and reskilling programmes and ensuring proper gender and age balance in view of allowing a democratic control of political advertising. This Regulation thatshould also address the use of targeting and amplificationd delivery techniques are based on Article 16 of the TFEU. Political advertising directed to individuals in a Member State should include advertising entirely prepared, placed or published by service providers established outside the Union but disseminated to individuals in the Union. To determine whether a political advertisement is directed to individuals in a Member State, account should be taken of factors linking it to that Member State, including language, context, objective of the advertisement and its means of dissemination.
Amendment 108 #
2021/0381(COD)
Proposal for a regulation
Recital 15
Recital 15
(15) There is no existing definition of political advertising or political advertisement at Union level. A common definition is needed to establish the scope of application of the harmonised transparency obligations and rules on targeting and amplificationd delivery. This definition should cover the many forms that political advertising can take and any means and mode of publication or dissemination within the Union, regardless of whether the source is located within the Union or in a third country.
Amendment 118 #
2021/0381(COD)
Proposal for a regulation
Recital 19
Recital 19
(19) Political views expressed in the programmes of audiovisual linear broadcasts or published in printed media without direct payment or equivalent remunerationsubject to the editorial responsibility of a media service provider, without direct payment or equivalent remuneration, observant of ethics and accountable journalism practices and Union law, including the Charter of Fundamental Rights, should not be considered political advertising and should not be covered by this Regulation.
Amendment 129 #
2021/0381(COD)
(23) The concept of political actors should also include unelected officials, elected officials, candidates and members of Government at European, national, regional or local level. Other political organisations and their affiliated and subsidiary entities should also be included in that definition.
Amendment 131 #
2021/0381(COD)
Proposal for a regulation
Recital 24
Recital 24
(24) An advertising campaign should refer to the preparation, publication and dissemination of a series of linked advertisements in the course of a contract for political advertising, on the basis of common preparation, sponsorship and funding. It should include the preparation, placement, promotion, publication and dissemination of an advertisement or versions of an advertisement on different online and offline media and at different times within the same electoral cycle, as well as political messages on broad societal issues disseminated at any time..
Amendment 135 #
2021/0381(COD)
Proposal for a regulation
Recital 26
Recital 26
(26) In order to cover the broad range of relevant service providers connected to political advertising services, providers of political advertising services should be understood as comprising providers involved in the preparation, placement, promotion, publication and dissemination of political advertising.
Amendment 138 #
2021/0381(COD)
Proposal for a regulation
Recital 27
Recital 27
(27) The notion of political advertising services should not include messages that are shared by individuals in their purely personal capacity. Individuals should not be considered as acting in their personal capacity if they are publishing messages the dissemination or publication of which is paid for either by another or by themselves.
Amendment 143 #
2021/0381(COD)
Proposal for a regulation
Recital 30
Recital 30
(30) The transparency requirements should also not apply to the sharing of information through electronic communication services such as electronic message services or telephone calls, as long as nothe service involves political advertising service is involved.
Amendment 148 #
2021/0381(COD)
Proposal for a regulation
Recital 33
Recital 33
(33) The preparation, placement, promotion, publication and dissemination of political advertising can involve a complex chain of service providers. This is the case in particular where the selection of advertising content, the selection of targeting criteria, the provision of data used for the targeting of an advertisement, the provisions of targeting techniques, the delivery of an advertisement and its dissemination may be controlled by different service providers. For instance, automated services can support matching the profile of the user of an interface with the advertising content provided, uprocessing personal data collected directly from the user of the service and from the users’ online conduct, as well as inferred data.
Amendment 150 #
2021/0381(COD)
Proposal for a regulation
Recital 34
Recital 34
(34) In view of the importance of guaranteeing in particular the effectiveness of the transparency and due diligence requirements including to ease their oversight, providers of political advertising services should ensure that any political advertisement is labelled as such and that the relevant information they collect in the provision of their services, including the indication that an advertisement is political, is received from and/or provided to the political advertising publisher which brings the political advertisement to the public. In order to support the efficient implementation of this requirement, and the timely and accurate provision of this information, providers of political advertising services should consider and support automating the transmission of information among providers of political advertising services.
Amendment 153 #
2021/0381(COD)
Proposal for a regulation
Recital 36
Recital 36
(36) Steps could also include providing an efficient mechanism for individuals to indicate that a political advertisement is political, regardless if it relates to an electoral cycle, a legislative or regulatory process or to apolitical message disseminated at any time on broad societal issues, and taking effective action in response to such indications.
Amendment 155 #
2021/0381(COD)
Proposal for a regulation
Recital 37
Recital 37
(37) While providing for specific requirements, none of the obligations laid down in this Regulation should be understood as imposing a general monitoring obligation on intermediary service providers for political content shared by natural or legal persons, nor should they be understood as imposing a general obligation on intermediary service providers to take proactive measures in relation to illegal content or activities which those providers transmit or store.
Amendment 157 #
2021/0381(COD)
Proposal for a regulation
Recital 38
Recital 38
(38) Transparency of political advertising should enable citizens to understand that they are confronted with a political advertisement. Political advertising publishers should ensure the publication in connection to each political advertisement of a clear statement to the effect that it is a political advertisement and of the identity of its sponsor, regardless if the political advertisement relates to an electoral cycle, a legislative or regulatory process or to political messages disseminated at any time on broad societal issues. Where appropriate, the name of the sponsor could include a political logo. Political advertising publishers should make use of labelling which is effective, taking into account developments in relevant scientific research and best practice on the provision of transparency through the labelling of advertising. They should also ensure the publication in connection to each political advertisement of information to enable the wider context of the political advertisement and its aims to be understood, which can either be included in the advertisement itself, or be provided by the publisher on its website, accessible through a link or equivalent clear and user-friendly direction included in the advertisement.
Amendment 160 #
2021/0381(COD)
Proposal for a regulation
Recital 39
Recital 39
(39) This information should be provided in a transparency notice which should also include the identity of the sponsor, in order to support accountability in the political process, regardless if the political advertisement relates to an electoral cycle, a legislative or regulatory process or to political messages disseminated at any time on broad societal issues. The place of establishment of the sponsor and whether the sponsor is a natural or legal person should be clearly indicated. Personal data concerning individuals involved in political advertising, unrelated to the sponsor or other involved political actor should not be provided in the transparency notice. The transparency notice should also contain information on the dissemination period, any linked election, the amount spent for and the value of other benefits received in part or full exchange for the specific advertisement as well for the entire advertising campaign, the source of the funds used and other information to ensure the fairness of the dissemination of the political advertisement. Information on the source of the funds used concerns for instance its public or private origin, the fact that it originates from inside or outside the European Union. Information concerning linked elections or referendums should include, when possible, a link to information from official sources regarding the organisation and modalities for participation or for promoting participation in those elections or referendums. The transparency notice should further include information on how to flag political advertisements in accordance with the procedure established in this Regulation. This requirement should be without prejudice to provisions on notification according to Article 14, 15 and 19 of Regulation (EU) 2021/XXX [Digital Services Act]. Providers of political advertising services should make their best efforts to ensure that the information is complete and accurate.
Amendment 168 #
2021/0381(COD)
Proposal for a regulation
Recital 42
Recital 42
(42) Since political advertising publishers make political advertisements available to the public, they should publish or disseminate that information to the public together with the publication or dissemination of the political advertisement. Political advertising publishers should not make available to the public those political advertisements not fulfilling the transparency requirements under this Regulation. Where political advertising publishing become aware that a political advertisement does not comply with the transparency requirements, it should discontinue the publication or dissemination until the information is completed or corrected. In addition, political advertising publishers which are very large online platforms within the meaning of Regulation (EU) 2021/XXX [Digital Services Act] should make the information contained in the transparency notice available through the repositories of advertisements published pursuant to Article 30 Regulation [Digital Services Act] . This will facilitate the work of interested actors including researchers in their specific role to support free and fair elections or referendums and fair electoral campaigns including by scrutinising the sponsors of political advertisement and analysing the political advertisement landscape, as well as the dissemination at any time of political messages on broad societal issues.
Amendment 173 #
2021/0381(COD)
Proposal for a regulation
Recital 44
Recital 44
(44) Information about the amounts spent on and the value of other benefits received in part or full exchange for political advertising services can usefully contribute to the political debate. It is necessary to ensure that an appropriate overview of political advertising activity can be obtained from the annual reports prepared by relevant political advertising publishers. To support transparency, oversight and accountability, such reporting should include information about expenditure on the targeting of political advertising in the relevant period, aggregated to campaign or candidate. To avoid disproportionate burdens, those transparency reporting obligations should not apply to enterprises qualifyingany category of undertakings and groups under Article 3(3) of Directive 2013/34/EU.
Amendment 180 #
2021/0381(COD)
Proposal for a regulation
Recital 47
Recital 47
(47) Personal data collected directly from individuals, or indirectly such as observed or inferred data, when grouping individuals according to their assumed interests or derived through their online activity, behavioural profiling and other analysis techniques, is increasingly used to target political messages to groups or individual voters or individuals, and to amplify their impact. On the basis of the processing of personal data, in particular data considered sensitive under Regulation (EU) 2016/679 of the European Parliament and of the Council11 and Regulation (EU) 2018/1725 of the European Parliament and of the Council12 , different groups of voters or individuals can be segmented and their characteristics or vulnerabilities exploited for instance by disseminating the advertisements at specific moments and in specific places designed to take advantage of the instances where they would be sensitive to a certain kind of information/message. That has specific and detrimental effects on citizens’ fundamental rights and freedoms with regard to the processing of their personal data and their freedom to receive objective information, to form their opinion, to make political decisions and exercise their voting rights. This negatively impacts the democratic process. Additional restrictions and conditions compared to Regulation (EU) 2016/679 and Regulation (EU) 2018/1725 should be provided. The conditions set out in this Regulation on the use of targeting and amplificationd delivery techniques involving the processing of personal data in the context of political advertising should be based on Article 16 TFEU. _________________ 11 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). 12 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).
Amendment 184 #
2021/0381(COD)
Proposal for a regulation
Recital 48
Recital 48
(48) Targeting and amplificationd delivery techniques in the context of political advertising involving the processing of data referred to in Article 9(1) of Regulation (EU) 2016/679 and Article 10(1) of Regulation (EU) 2018/1725 should therefore be prohibited. The use of such techniques should only be allowed when carried out by the controller, or someone acting on its behalf, on the basis of the explicit consent of the data subject or in the course of their legitimate activities with appropriate safeguards by a foundation, association or any other not- for-profit body with a political, philosophical or religious or trade union aim and on condition that the processing relates solely to the members or to former members of the body or to persons who have regular contact with it in connection with its purposes and that the personal data are not disclosed outside that body without the consent of the data subjects. This should be accompanied by specific safeguards. Consent should be understood as consent within the meaning of Regulation (EU) 2016/679 and Regulation (EU) 2018/1725. Therefore, it should not be possible to rely on the exceptions as laid down in Article 9(2), points(b), (c), (e), (f), (g), (h), (i) and (j) of Regulation (EU) 2016/679 and Article 10(2), points(b), (c), (e), (f), (g), (h), (i) and (j) of Regulation (EU) 2018/1725 respectively for using techniques targeting and amplificationd delivery techniques to publish, promote or disseminate political advertising involving the processing of personal data referred to in Article 9(1) of Regulation (EU) 2016/679 and 10(1) of Regulation (EU) 2018/725.
Amendment 188 #
2021/0381(COD)
Proposal for a regulation
Recital 49
Recital 49
(49) In order to ensure enhanced transparency and accountability, when making use of targeting and amplificationd delivery techniques in the context of political advertising involving the processing of personal data, controllers should implement additional safeguards. They should adopt and implement a policy describing the use of such techniques to target individuals or amplifydeliver their content and keep record of their relevant activities. When publishing, promoting or disseminating a political advertisement making use of targeting and amplificationd delivery techniques, controllers should provide, together with the political advertisement, meaningful information to allow the concerned individual to understand the logic involved and main parameters of the targeting used, and the use of third-party data and additional analytical techniques, including whether the targeting of the advertisement was further optimised during delivery.
Amendment 192 #
2021/0381(COD)
Proposal for a regulation
Recital 50
Recital 50
(50) Political advertising publishers making use of targeting or amplificationd delivery techniques should include in their transparency notice necessary, intelligible and accessible information necessary to allow the concerned individual to understand the logic involved and main parameters of the technique used, and the use of third-party data and additional analytical techniques used and a link to the relevant policy of the controller. In case the controller is different from the advertising publisher the controller should transmit to political advertising publisher the internal policy or a reference to it. Providers of advertising services should, as necessary, transmit to the political advertising publisher the necessary, intelligible and accessible information necessary to comply with their obligations under this Regulation. The provision of such information could be automated and integrated in the ordinary business processes on the basis of standards.
Amendment 202 #
2021/0381(COD)
Proposal for a regulation
Recital 53
Recital 53
(53) Information to be provided in accordance with all requirements applicable to the use of targeting and amplificationd delivery techniques under this Regulation should be presented in a format which is easily accessible, clearly visible and user- friendly, including through the use of plain and straightforward language.
Amendment 213 #
2021/0381(COD)
Proposal for a regulation
Recital 58
Recital 58
(58) For the oversight of those aspects of this Regulation that do not fall within the competence of the supervisory authorities under Regulation (EU) 2016/679, Regulation (EU) 2018/725 Member States should designate competent authorities. To support the upholding of fundamental rights and freedoms, the rule of law, democratic principles and public confidence in the oversight of political advertising it is necessary that such authorities are structurally independent from external intervention or political pressure and are appropriately empowered to effectively monitor and take the measures necessary to ensure compliance with this Regulation, in particular the obligations laid down in Article 7. Member States may designate, in particular, the national regulatory authorities or bodies under Article 30 of Directive 2010/13/EU of the European Parliament and of the Council13 . _________________ 13 Directive 2010/13/EU of the European Parliament and of the Council of 10 March 2010 on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the provision of audiovisual media services (Audiovisual Media Services Directive (OJ L 95, 15.4.2010, p. 1).
Amendment 220 #
2021/0381(COD)
Proposal for a regulation
Recital 61
Recital 61
(61) With a view to facilitating the effective application of the obligations set out in the regulation, it is necessary to empower national authorities to request from the services providers the relevant information on the transparency of political advertisement. Information to be transmitted to competent authorities could concern an advertising campaign, be aggregated by years or concern specific advertisements. In order to ensure that the requests for such information can be complied with in an effective and efficient manner, and at the same time that the providers of political advertising services are not subject to any disproportionate burdens, it is necessary to set certain conditions that those requests should meet. In the interest of the timely oversight of an election process in particular, providers of political advertising services should quickly respond to requests from competent authorities, and always within 10three working days upon receipt of the measure in case of electoral processes, and seven working days in case of political messages on broad societalissues disseminated at any time. . In the interest of legal certainty and in compliance with the rights of defence, requests to provide information from a competent authority should contain an adequate statement of reasons and information about available redress. Providers of political advertising services should designate contact points for the interaction with the competent authorities. Such contact points could be electronic.
Amendment 235 #
2021/0381(COD)
Proposal for a regulation
Recital 67
Recital 67
(67) Within two years aftera 12-month period following each election to the European Parliament, the Commission should submit a public report on the evaluation and review of this Regulation. In preparing that report the Commission should also take into account the implementation of this Regulation in the context of other elections and referendums taking place in the Union, as well as political messages on broad societal issues. The report should review inter alia the continued suitability of the provisions of this Regulation’s annexes and consider the need for their revision.
Amendment 241 #
2021/0381(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point a
Article 1 – paragraph 1 – point a
(a) harmonised transparency and due diligence obligations for providers of political advertising and related services to retain, disclose and publish information connected to the provision of such services;
Amendment 246 #
2021/0381(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point b
Article 1 – paragraph 1 – point b
(b) harmonised rules on the use of targeting and amplificationd delivery techniques in the context of the publication, dissemination or promotion of political advertising that involve the useprocessing of personal data.
Amendment 249 #
2021/0381(COD)
Proposal for a regulation
Article 1 – paragraph 2
Article 1 – paragraph 2
2. This Regulation shall apply to political advertising prepared, placed, promoted, published or disseminated in the Union, or directed to individuals in one or several Member States, irrespective of the place of establishment of the advertising services provider, and irrespective of the means used.
Amendment 251 #
2021/0381(COD)
Proposal for a regulation
Article 1 – paragraph 3 – point a
Article 1 – paragraph 3 – point a
(a) to contribute to the properset out rules for the safe, predictable and trusted functioning of the internal market ofor political advertising and related services, ensuring that fundamental rights and freedoms enshrined in the Charter are effectively protected;
Amendment 253 #
2021/0381(COD)
Proposal for a regulation
Article 1 – paragraph 3 – point b a (new)
Article 1 – paragraph 3 – point b a (new)
(b a) to uphold the values on which the Union is founded as established by Article 2 TEU, in particular the respect for democracy and freedom, by guaranteeing that citizens can exercise their democratic rights in an informed manner and free from manipulation and to promote digital and media literacy among citizens.
Amendment 254 #
2021/0381(COD)
Proposal for a regulation
Article 1 – paragraph 4 – introductory part
Article 1 – paragraph 4 – introductory part
4. This Regulation complements and is without prejudice to the rules laid down in the following:
Amendment 259 #
2021/0381(COD)
Proposal for a regulation
Article 1 – paragraph 4 – point i
Article 1 – paragraph 4 – point i
(i) Regulation (EU) 20212/xxx [the Digital Services Act] and Regulation (EU)2022/xxx (the Digital Markets Act).
Amendment 265 #
2021/0381(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 2 – introductory part
Article 2 – paragraph 1 – point 2 – introductory part
2. ‘political advertising’ means the preparation,a service consisting on the placement, promotion, publication or dissemination, by any means, of a message:
Amendment 270 #
2021/0381(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 2 – point b
Article 2 – paragraph 1 – point 2 – point b
(b) which is liable to influence voting behaviour or the outcome of an election or referendum, a legislative or regulatory process or voting behaviour.
Amendment 271 #
2021/0381(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 2 – point b a (new)
Article 2 – paragraph 1 – point 2 – point b a (new)
(b a) which seeks to influence public opinion on broad societal issues.
Amendment 273 #
2021/0381(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 4 – point a a (new)
Article 2 – paragraph 1 – point 4 – point a a (new)
(a a) a government, bodies of governments with or without legal personality, a local government, bodies of local governments with or without legal personality and public foundations thereof;
Amendment 274 #
2021/0381(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 4 – point a b (new)
Article 2 – paragraph 1 – point 4 – point a b (new)
(a b) the European Parliament, national, regional and local parliaments;
Amendment 275 #
2021/0381(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 4 – point a c (new)
Article 2 – paragraph 1 – point 4 – point a c (new)
(a c) a Union institution and its bodies with or without legal personality;
Amendment 276 #
2021/0381(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 4 – point a d (new)
Article 2 – paragraph 1 – point 4 – point a d (new)
(a d) international and intergovernmental organisations;
Amendment 281 #
2021/0381(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 4 – point g
Article 2 – paragraph 1 – point 4 – point g
(g) a political campaign organisation with or without legal personality, established to achievinfluence a specific outcome in an election or referendum;
Amendment 287 #
2021/0381(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 6
Article 2 – paragraph 1 – point 6
6. ‘political advertising campaign’ means the preparation, placement, promotion, publication or dissemination of a series of linked advertisements in the course of a contract for political advertising, on the basis of common preparation, sponsorship or funding;
Amendment 288 #
2021/0381(COD)
7. ‘sponsor’ means the natural or legal person on whose behalf a political advertisement is prepared, placed, published or disseminated;
Amendment 289 #
2021/0381(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 8
Article 2 – paragraph 1 – point 8
8. ‘targeting or amplification techniques’ means techniques that are used either to address a tailored political advertisement only to a specific person or group of persons or to increase the circulation, reach or visibility of a politicalavailable to and used by the sponsors of advertisements to determine the potential audience of an advertisement that is, a group of individuals who are eligible to or excluded from being displayed the advertisement;
Amendment 290 #
2021/0381(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 8 a (new)
Article 2 – paragraph 1 – point 8 a (new)
Amendment 291 #
2021/0381(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 9
Article 2 – paragraph 1 – point 9
9. ‘electoral period’ means the period preceding or during or immediately after an election or referendum in a Member State, as defined in national legislation, and during which the campaign activities are subject to specific rules;
Amendment 298 #
2021/0381(COD)
Amendment 300 #
2021/0381(COD)
Proposal for a regulation
Article 2 a (new)
Article 2 a (new)
Article 2 a Identification of a political advertisement For the purpose of determining whether a message constitutes political advertising within the meaning of Article 2(2)(b), account shall be taken of all its features, and in particular of the following: (a) the content; (b) the language used to convey the message; (c) the means by which the message is promoted, published or disseminated; (d) the potential audience targeted by the sponsor; (e) the context in which the message is conveyed, including the period of dissemination such as electoral or referendum periods; (f) whether the message is designed to influence the relevant electorate; (g) the objective of the message (h) whether it responds to ethical journalistic practices and codes of conduct.
Amendment 304 #
2021/0381(COD)
Proposal for a regulation
Chapter II – title
Chapter II – title
II TRANSPARENCY, DUE DILIGENCE AND ACCESSIBILITY OBLIGATIONS FOR POLITICAL ADVERTISING SERVICES
Amendment 306 #
2021/0381(COD)
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
Political advertising services shall be diligently provided in a transparent and accesible manner in accordance with the obligations laid down in Articles 54a to 11 and 14 of this Regulation.
Amendment 307 #
2021/0381(COD)
Proposal for a regulation
Article 4 a (new)
Article 4 a (new)
Article 4 a Accessibility Political advertising publishers shall ensure that political advertisements and the transparency obligations laid down in this Regulation are accessible to persons with disabilities by complying with relevant accessibility requirements laid down in Annex I of Directive (EU) 2019/881.
Amendment 309 #
2021/0381(COD)
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
1. Providers of political advertising services shall request sponsors and providers of political advertising services acting on behalf of sponsors to declare whether the advertising service they request the service provider to perform constitutes a political advertising service within the meaning of Article 2(5). Sponsors and providers of advertising services acting on behalf of sponsors shall make such a declaration.
Amendment 310 #
2021/0381(COD)
Proposal for a regulation
Article 5 a (new)
Article 5 a (new)
Article 5 a Due diligence by service providers Providers of advertising services shall do their best efforts to comply with all the requirements established in this Regulation to ensure that only political advertising meeting the requirements of Article 7 of this Regulation is published and disseminated.
Amendment 312 #
2021/0381(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point c
Article 6 – paragraph 1 – point c
(c) the amounts they invoiced for the service or services provided, and the value of other benefits received in part or full exchange for the service or services provided and their sources; and
Amendment 313 #
2021/0381(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point d
Article 6 – paragraph 1 – point d
(d) where applicable, the identity of the sponsor and its contact details and, where applicable, the identity and contact details of the natural or legal person ultimately controlling the sponsor.
Amendment 315 #
2021/0381(COD)
Proposal for a regulation
Article 6 – paragraph 2
Article 6 – paragraph 2
2. The information referred to in paragraph 1 shall be in writing and may be in electronic form. Such information shall be retained for a period of five years from the date of the last preparation, placement, publication or dissemination, as the case may be.
Amendment 318 #
2021/0381(COD)
Proposal for a regulation
Article 7 – paragraph 1 – introductory part
Article 7 – paragraph 1 – introductory part
1. In the context of the provision of political advertising services, each political advertisement shall be made available with the following informationby the publisher to the recipients of their service with the following information presented within the advertisement in a clear, salient and unambiguous way:
Amendment 320 #
2021/0381(COD)
Proposal for a regulation
Article 7 – paragraph 1 – point a
Article 7 – paragraph 1 – point a
(a) a clear and straightforward statement to the effect that it is a political advertisement;
Amendment 321 #
2021/0381(COD)
Proposal for a regulation
Article 7 – paragraph 1 – point b
Article 7 – paragraph 1 – point b
(b) the identity of the sponsor of the political advertisement and the entitynatural or legal person ultimately controlling or funding the sponsor;
Amendment 322 #
2021/0381(COD)
Proposal for a regulation
Article 7 – paragraph 1 – point c
Article 7 – paragraph 1 – point c
(c) a transparency notice to enable the understanding by the recipient of the service of the wider context of the political advertisement and its aims to be understood, or a clear indication of where it can be easily retrieved.;
Amendment 323 #
2021/0381(COD)
Proposal for a regulation
Article 7 – paragraph 1 – point c a (new)
Article 7 – paragraph 1 – point c a (new)
(c a) where applicable, a clear and straightforward statement that the advertisement is using targeting techniques on the use of personal data and information on the data processed for that purpose.
Amendment 324 #
2021/0381(COD)
Proposal for a regulation
Article 7 – paragraph 2 – point a
Article 7 – paragraph 2 – point a
(a) the identity of the sponsor and contact details, including the place of establishment;
Amendment 325 #
2021/0381(COD)
Proposal for a regulation
Article 7 – paragraph 2 – point a a (new)
Article 7 – paragraph 2 – point a a (new)
(a a) where applicable, the identity of the natural or legal person ultimately controlling the sponsor and their contact details, including the respective place of establishment;
Amendment 328 #
2021/0381(COD)
Proposal for a regulation
Article 7 – paragraph 2 – point c
Article 7 – paragraph 2 – point c
(c) based among others on information received in line with Article 6(3), detailed information on the aggregated amounts spent or other benefits received in part or full exchange for the preparation, placement, promotion, publication and dissemination of the relevant advertisement, and of the respective political advertising campaign where relevant, and their sources;
Amendment 329 #
2021/0381(COD)
Proposal for a regulation
Article 7 – paragraph 2 – point d
Article 7 – paragraph 2 – point d
(d) where applicable, an detailed indication of elections or referendums with which the advertisement is linked, and the relevant electoral cycles;
Amendment 330 #
2021/0381(COD)
Proposal for a regulation
Article 7 – paragraph 2 – point d a (new)
Article 7 – paragraph 2 – point d a (new)
Amendment 331 #
2021/0381(COD)
Proposal for a regulation
Article 7 – paragraph 2 – point e
Article 7 – paragraph 2 – point e
(e) where applicable, links to online repositories of advertisements where the advertisement is available;
Amendment 332 #
2021/0381(COD)
Proposal for a regulation
Article 7 – paragraph 2 – point e a (new)
Article 7 – paragraph 2 – point e a (new)
(e a) where applicable, links to aggregate information on all advertisements that have been placed, promoted, published or disseminated on behalf of the same sponsor or political actor;
Amendment 335 #
2021/0381(COD)
Proposal for a regulation
Article 7 – paragraph 3
Article 7 – paragraph 3
3. Political advertising publishers shall make reasonableevery efforts to ensure that the information referred to in paragraph 1 and 2 is complete, and whereaccurate, should they find this is not the case, they shall not make available the political advertisement or shall discontinue it.
Amendment 338 #
2021/0381(COD)
Proposal for a regulation
Article 7 – paragraph 3 a (new)
Article 7 – paragraph 3 a (new)
3 a. Should the sponsor or the providers of political advertising services identify that the information transmitted to or published by the political advertising publisher is incomplete or inaccurate, they shall contact the publisher concerned without undue delay and, as relevant, transmit complete or accurate information to the political advertising publisher.
Amendment 340 #
2021/0381(COD)
Proposal for a regulation
Article 7 – paragraph 4
Article 7 – paragraph 4
4. Transparency notices shall be kept up to date and presented in a format which is easily accessible and, where technically possible, machine readable, clearly visible and user friendly, including through the use of plain languageand straightforward language, and having due regard to accessibility requirements as laid out in Article 4. The information shall be published by the political advertising publisher with the political advertisement from its first publication until onfive years after its last publication.
Amendment 351 #
2021/0381(COD)
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. Where they provide pPolitical advertising services, advertising publishers shall include information on the amounts or the value of other benefits received in part or full exchange for those services, including on the use of targeting and amplificationd delivery techniques, aggregated by campaign, as part of their management report within the meaning of Article 19 of Directive 2013/34/EU in their annual financial statements.
Amendment 352 #
2021/0381(COD)
Proposal for a regulation
Article 8 – paragraph 2
Article 8 – paragraph 2
Amendment 356 #
2021/0381(COD)
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. Where they provide political advertising services, advertising publishers shall put in place mechanisms to enable individuals or entities to notify them, free of charge, that a particular advertisement which they have published does not comply with this Regulation.
Amendment 363 #
2021/0381(COD)
Proposal for a regulation
Article 9 – paragraph 4 a (new)
Article 9 – paragraph 4 a (new)
4 a. Political advertising publisher may suspend the processing of notices and complaints submitted by individuals and entities that frequently submit notices that are manifestly unfounded.
Amendment 371 #
2021/0381(COD)
Proposal for a regulation
Article 10 a (new)
Article 10 a (new)
Article 10 a Due diligence for political advertising services 1. Providers of political advertising shall not be liable for the incorrect identification, referred to in Article 5, or incomplete or incorrect information, referred to in Articles 6 and 7, about each political advertisement, as long as the service providers demonstrate that they have: (a) made best efforts to identify all instances of political advertising, and (b) made best efforts to ensure the correctness and completeness of the information of all instances of political advertising; and (c) upon receiving and examining a notice submitted according to Article 9, to stop making available the unlawful political advertisement, and made best efforts to prevent their future incorrect uploads in accordance with points (a) and (b).
Amendment 389 #
2021/0381(COD)
Proposal for a regulation
Chapter III – title
Chapter III – title
III TARGETING AND AMPLIFICATIOND DELIVERY OF POLITICAL ADVERTISING
Amendment 391 #
2021/0381(COD)
Proposal for a regulation
Article 12 – title
Article 12 – title
Specific requirements related to targeting and amplificationd delivery (The amendment consisting in replacing 'amplification' with 'ad delivery' applies throughout the article. Adopting it will necessitate corresponding changes throughout.)
Amendment 410 #
2021/0381(COD)
Proposal for a regulation
Article 14 a (new)
Article 14 a (new)
Amendment 419 #
2021/0381(COD)
Proposal for a regulation
Article 15 – paragraph 5 – point c a (new)
Article 15 – paragraph 5 – point c a (new)
(c a) promote media and digital literacy programmes to foster the knowledge, skills and understanding that allow both, citizens and political advertising service providers, to engage effectively with the publication and dissemination of political advertising, and to ensure compliance with and the enforcement of this Regulation.
Amendment 421 #
2021/0381(COD)
Proposal for a regulation
Article 15 – paragraph 7
Article 15 – paragraph 7
7. Each Member State shall designate one competent authority as a contact point at Union level for the purposes of this Regulation, and ensure good cooperation with other contact points and authorities at Union level.
Amendment 426 #
2021/0381(COD)
Proposal for a regulation
Article 15 – paragraph 8 – point c
Article 15 – paragraph 8 – point c
(c) a competent authority shall, upon receipt of a justified request from another competent authority, provide the other competent authority with assistance so that the supervision or enforcement measures referred to in paragraphs 4 and 5 can be implemented in an effective, efficient and consistent manner. The relevant competent authority so requested shall, via the contact points referred to in paragraph 7 and within a timeframe proportionate to the urgency of the requestout undue delay provide a response communicating the information requested, or informing that it does not consider that the conditions for requesting assistance under this Regulation have been met. Any information exchanged in the context of assistance requested and provided under this Article shall be used only in respect of the matter for which it was requested.
Amendment 429 #
2021/0381(COD)
Proposal for a regulation
Article 15 – paragraph 9
Article 15 – paragraph 9
9. Contact points shall meet periodicat least biannually at Union level in the framework of the European Cooperation Network on Elections to facilitate the swift and secured exchange of information on issues connected to the exercise of their supervisory and enforcements tasks pursuant to this Regulation.
Amendment 434 #
2021/0381(COD)
Proposal for a regulation
Article 16 – paragraph 4
Article 16 – paragraph 4
4. Infringements of Article 7s 5, 7 and 10a shall be considered to be particularly serious where they concern political advertising published or disseminated during an electoral period and directed to citizens in the Member State in which the relevant election is being organised.
Amendment 440 #
2021/0381(COD)
Proposal for a regulation
Article 16 a (new)
Article 16 a (new)
Article 16 a Right to lodge a complaint 1. Without prejudice to any other administrative or judicial remedy, every natural or legal person shall have the right to lodge a complaint before the competent authorities exercising their supervisory tasks in relation to this Regulation, if the natural or legal person considers that their fundamental rights, the right to an explanation or any other of the rights deriving from this Regulation have been breached by the political advertising service provider. Such complaint may be lodge through a representative action for the protection of the collective interests of consumers as provided under Directive (EU) 2020/1828. 2. Natural or legal persons shall have a right to be heard in the complaint handling procedure and in the context of any investigations conducted as a result of their complaint. 3. The competent authorities exercising their supervisory tasks in relation to this Regulation with which the complaint has been lodged shall inform the complainants about the progress and outcome of their complaint.
Amendment 447 #
2021/0381(COD)
Proposal for a regulation
Article 18 – paragraph 1
Article 18 – paragraph 1
Within two years aftera 12-month period following each election to the European Parliament and for the first time by 31 December 20265 at the latest, the Commission shall submit and make public a report on the evaluation and review of this Regulation. This report shall assess the need for amendment to this Regulation. The report shall be made public.
Amendment 456 #
2021/0381(COD)
Proposal for a regulation
Annex I – point d
Annex I – point d
(d) any electionoral cycle, legislative or regulatory process or broad societal issue with which the advertising is linked, if applicable.
Amendment 457 #
2021/0381(COD)
Proposal for a regulation
Annex I – point h
Annex I – point h
(h) where the publisher is a very large online platform, a link to the advertisement’s location in the publisher’s advertising repository.
Amendment 21 #
2021/0227(BUD)
Draft opinion
Paragraph 6
Paragraph 6
6. Increases the budget for “Multimedia actions” by EUR 2,2 million and creates a reserve of EUR 5 million, in order to encourage the Commission to provide more stability and predictability for radio networks covering EU affairs with funding covering at least two years; calls, however, for this reserve not to penalise the partnerships concluded by the Commission with other partners for the provision of quality European information, in the framework of "Multimedia actions"; affirms in particular its support for the editorial partnership concluded with Euronews in this perspective; furthermore, splits the existing budget line into its four components, for enhanced budgetary scrutiny.
Amendment 669 #
2021/0211(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point d
Article 1 – paragraph 1 – point 2 – point d
Directive 2003/87/EU
Article 3 – paragraph 1 – point x a (new)
Article 3 – paragraph 1 – point x a (new)
(xa) “port of call” means the port where a ship stops to load or unload cargo or to embark or disembark passengers; consequently, for the purpose of this Directive stops for the sole purposes of refuelling, obtaining supplies, relieving the crew, going into dry-dock or making repairs to the ship or its equipment, stops in port because the ship is in need of assistance or in distress, ship-to-ship transfers carried out outside ports, stops in a transhipment port of a non-EU neighbouring country and stops for the sole purpose of taking shelter from adverse weather or rendered necessary by search and rescue activities are excluded;
Amendment 670 #
2021/0211(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point d
Article 1 – paragraph 1 – point 2 – point d
Directive 2003/87/EU
Article 3 – paragraph 1 – point x b (new)
Article 3 – paragraph 1 – point x b (new)
(xb) “transhipment port” means the port where the movement of one type of cargo to be transhipped exceeds 60 % of the total traffic of that port. It needs to be considered that cargo, container or goods are transhipped when they are unloaded from ship to the port for the sole purpose of loading them on another ship.
Amendment 671 #
2021/0211(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point d
Article 1 – paragraph 1 – point 2 – point d
Directive 2003/87/EU
Article 3 – paragraph 1 – point x c (new)
Article 3 – paragraph 1 – point x c (new)
(xc) “deep sea routes” means those shipping routes connecting two or more continents and performed by regular services covering more than 3 000 km long where ships would carry out transhipment operations at any port in its route. Such routes shall be incorporated in a list and reconsidered on an annual basis by the Commission;
Amendment 1304 #
2021/0211(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 15 – point -a (new)
Article 1 – paragraph 1 – point 15 – point -a (new)
Directive 2003/87/CE
Article 12 – paragraph 1a a (new)
Article 12 – paragraph 1a a (new)
Amendment 1326 #
2021/0211(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 15 – point d a (new)
Article 1 – paragraph 1 – point 15 – point d a (new)
Directive 2003/87/EC
Article 12 – paragraph 3 a a (new)
Article 12 – paragraph 3 a a (new)
(da) the following paragraph is inserted: " 3aa. An obligation to surrender allowances shall not arise, until 2030, in respect of emissions from ships operating in deep-sea routes with Carbon Leakage risks and under an efficiency benchmark. The list of routes and the efficiency benchmark shall be determined by the Commission. "
Amendment 1327 #
2021/0211(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 15 – point d b (new)
Article 1 – paragraph 1 – point 15 – point d b (new)
Directive 2003/87/EC
Article 12 – paragraph 3 a b (new)
Article 12 – paragraph 3 a b (new)
Amendment 1392 #
2021/0211(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 19 a (new)
Article 1 – paragraph 1 – point 19 a (new)
Directive 2003/87/EC
Article 29 a – paragraph 1
Article 29 a – paragraph 1
(19a) in Article 29a, paragraph 1 is replaced by the following: "1. If, for more than six consecutiveone and half months, the average allowance price is more than threeone and a half times the average price of allowances during the two preceding years on the European carbon market, the Commission shall immediately convene a meeting of the Committee esadopt a decision to release 100 million allowances covered by this Chapter from the Market Stabilished byty Reserve in accordance with Article 91(7) of Decision No 280/2004/EC. (https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A02003L0087-20200101)(EU) 2015/1814." Or. en
Amendment 1424 #
2021/0211(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 21
Article 1 – paragraph 1 – point 21
Directive 2003/87/EC
Article 30 a – paragraph 1 a (new)
Article 30 a – paragraph 1 a (new)
Amendment 1480 #
2021/0211(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 21
Article 1 – paragraph 1 – point 21
Directive 2003/87/EC
Article 30 e – paragraph 2
Article 30 e – paragraph 2
2. From 1 January 2027, Member States shall ensure that, by 30 April each year, the regulated entity surrenders a number of allowances covered by this Chapter, that is equal to the total emissions, corresponding to the quantity of fuels released for consumption pursuant to Annex III, during the preceding calendar year as verified in accordance with Articles 15 and 30f, and that those allowances are subsequentlyas follows: (a) 25% of verified emissions for 2026; (b) 50 % of verified emissions for 2027; (c) 75 % of verified emissions for 2028; (d) 100 % of verified emissions for 2029. To the extent that fewer allowances are surrender compared to the verified emissions for years 2026 to 2028, an amount of allowances equal to the difference between verified emissions and allowances surrendered shall be cancelled.
Amendment 1566 #
2021/0211(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 1 – point c a (new)
Article 2 – paragraph 1 – point 1 – point c a (new)
Decision 2015/1814
Article 1 – paragraph 5 a a (new)
Article 1 – paragraph 5 a a (new)
(ca) the following paragraph is inserted: "5aa. The number of allowances to be placed in the reserve during the 12 months beginning on 1 September of every year shall not exceed 25 % of the number of allowances to be auctioned during the next 12 months." ;
Amendment 1661 #
2021/0211(COD)
Proposal for a directive
Annex I – paragraph 1 – point c – point vii
Annex I – paragraph 1 – point c – point vii
Directive 2003/87/EU
Annex I – table – last row – column 1
Annex I – table – last row – column 1
“Maritime transport Maritime transport activities of ships covered by Regulation (EU) 2015/757 of the European Parliament and of the Council performing voyages with the purpose of transporting passengers or cargo for commercial purposes. This activity shall not include voyages performed by a shipping company performing voyages with total annual emissions lower than 10 000 tonnes per year.
Amendment 66 #
2021/0136(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) It is necessary to set out the harmonised conditions for the establishment of a framework for European Digital Identity Wallets to be issued by Member States, which should empower all Union citizens and other residents as defined by national law to share and receive securely data related to their identity in a user friendly and convenient way under the sole control of the user. Technologies used to achieve those objectives should be developed aiming towards the highest level of security, user convenience and wide usability. Member States should ensure equal access to digital identification to all their nationals and residethat such framework does not lead to the widening of the digital divide and therefore they should ensure equal and free of charge access to digital identification to all their nationals and individuals present in their territory, in particular persons with disabilities and with functional limitations, such as elderly persons, persons with limited access to digital infrastructure and digital skills, socioeconomically disadvantaged groups and individuals, refugees, asylum seekers and migrants.
Amendment 80 #
2021/0136(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) European Digital Identity Wallets should ensure the highest level of security for the personal data used for authentication irrespective of whether such data is stored locally or on cloud- based solutionsand stored locally, taking into account the different levels of risk. Using biometrics to authenticate is one of the identifications methods providing a high level of confidence, in particular when used in combination with other elements of authentication. Since biometrics represents a unique characteristic of a person, the use of biometrics requires organisational and security measures, commensurate to the risk that such processing may entail to the rights and freedoms of natural persons and in accordance with Regulation 2016/679.
Amendment 88 #
2021/0136(COD)
Proposal for a regulation
Recital 17 a (new)
Recital 17 a (new)
(17 a) As signatories to the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD), the European Union and all Member States should protect persons with disabilities from discrimination and promote their equality, ensure that persons with disabilities have access, on an equal basis with others, to information and communications technologies and systems and ensure respect for privacy of persons with disabilities.
Amendment 91 #
2021/0136(COD)
Proposal for a regulation
Recital 18
Recital 18
(18) ITherefore, in line with Directive (EU) 2019/88222 , persons with disabilities and with functional limitations should be able to use the European digital identity wallets, trust services and end-user products used in the provision of those services on an equal basis with other users. _________________ 22 Directive (EU) 2019/882 of the European Parliament and of the Council of 17 April 2019 on the accessibility requirements for products and services (OJ L 151, 7.6.2019, p. 70).
Amendment 100 #
2021/0136(COD)
Proposal for a regulation
Recital 29
Recital 29
(29) The European Digital Identity Wallet should technically enable the selective disclosure of attributes to relying parties. This feature should become a basic design feature thereby reinforcing convenience and personal data protection including minimisation of processing of personal data. Mechanisms for the validation of the European Digital Identity Wallet, selective disclosures and authentication of users to access online services should respect the right to pseudonimity.
Amendment 138 #
2021/0136(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Regulation n° 910/2014
Article 5 – title
Article 5 – title
Pseudonyms in electronic transactions
Amendment 139 #
2021/0136(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Regulation (EU) No 910/2014
Article 5
Article 5
Without prejudice to the legal effect given to pseudonyms under national law, the use of pseudonyms in electronic transactions shall not be prohibi, where possible, shall always be allowed and implemented.;
Amendment 153 #
2021/0136(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Regulation (EU) No 910/2014
Article 6a – paragraph 4 – point e
Article 6a – paragraph 4 – point e
(e) ensure that the person identification data referred to in Articles 12(4), point (d) uniquely and persistently representing the natural or legal person is associated with itonly shared pseudonymously so it is different for different relying parties in order to prevent the association or tracking of the user across relying parties.
Amendment 155 #
2021/0136(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Regulation (EU) No 910/2014
Article 6a – paragraph 6
Article 6a – paragraph 6
6. The European Digital Identity Wallets shall be issued under a notified electronic identification scheme of level of assurance ‘high’. The use of the European Digital Identity Wallets shall be free of charge to natural persons. Enjoyment of rights and access to services, particularly government services, justice, the labour market and freedom to conduct business shall not be restricted or hindered for natural persons not using the European Digital Identity Wallet.
Amendment 165 #
2021/0136(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Regulation (EU) No 910/2014
Article 6b – paragraph 1
Article 6b – paragraph 1
1. Where relying parties intend to rely upon European Digital Identity Wallets issued in accordance with this Regulation, they shall communicate it torequest approval from the Member State where the relying party is established to ensure compliance with requirements set out in Union law or national law for the provision of specific services. When communicating their intention to rely on European Digital Identity wallets, they shall also inform about the intended use of the European Digital Identity Wallet.
Amendment 168 #
2021/0136(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 7 Regulation (EU) No 910/2014
Article 1 – paragraph 1 – point 7 Regulation (EU) No 910/2014
2. Member States shall implement a common mechanism for the authentication of relying parties. Member States may suspend or revoke the authorisation of relying parties in the case of illegal or fraudulent use of the European Digital Identity Wallet in their country.
Amendment 193 #
2021/0136(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 19
Article 1 – paragraph 1 – point 19
Regulation (EU) No 910/2014
Article 15 – title
Article 15 – title
Accessibility for persons with disabilities and with functional limitations
Amendment 194 #
2021/0136(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 19
Article 1 – paragraph 1 – point 19
Regulation (EU) No 910/2014
Article 15 – paragraph 1
Article 15 – paragraph 1
The provision of Trust services and end- user products used in the provision of those services shall be made always accessible for persons with disabilities and with functional limitations, such as elderly persons, in accordance with the accessibility requirements of Annex I of Directive 2019/882 on the accessibility requirements for products and services.;
Amendment 216 #
2021/0136(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 39
Article 1 – paragraph 1 – point 39
Regulation (UE) No 910/2014
Article 45a – paragraph 1
Article 45a – paragraph 1
1. An electronic attestation of attributes shall not be denied legal effect and admissibility as evidence in legal proceedings solely on the grounds that it is in electronic form. or that it does not meet the requirements for qualified electronic attestations of attributes.
Amendment 218 #
2021/0136(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 39
Article 1 – paragraph 1 – point 39
Regulation (UE) No 910/2014
Article 45a – paragraph 3 a (new)
Article 45a – paragraph 3 a (new)
3 a. Notwithstanding paragraphs 1 and 2, lawfully issued attestations in paper shall in any case always be accepted by relying parties instead of electronic attestation of attributes.
Amendment 56 #
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 based on ethical principles in particular for the development, marketingdeployment and use of artificial intelligence in conformity with Union values. Therefore, 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 and values including democracy and rule of law, and it ensures the free movement of AI- based goods and services cross-border, thus preventing Member States from imposing restrictions on the development, marketingdeployment and use of AI systems, unless explicitly authorised by this Regulation.
Amendment 58 #
2021/0106(COD)
Proposal for a regulation
Recital 2
Recital 2
(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 trustworthy and 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 in order to achieve trustworthy AI, 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 operatodevelopers, deployers and users and guaranteeing the uniform protection of overriding reasons of public interest and of rights of persons throughout the internal market based on Article 114 of the Treaty on the Functioning of the European Union (TFEU). To the extent that this Regulation contains specific rules on the protection of individuals with regard to the processing of personal data concerning restrictions of the use of AI systems for ‘real-time’ remote biometric identification in publicly accessible spaces for the purpose of law enforcement, it is appropriate to base this Regulation, in as far as those specific rules are concerned, on Article 16 of the TFEU. In light of those specific rules and the recourse to Article 16 TFEU, it is appropriate to consult the European Data Protection Board.
Amendment 62 #
2021/0106(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) Artificial intelligence is a fast evolving family of technologies that can contribute to a wide array of economic and societal benefits across the entire spectrum of industries and social activities if developed in accordance with ethical principles. By improving prediction, optimising operations and resource allocation, and personalising digital solutions available for individuals and organisations, the use of artificial intelligence can provide key competitive advantages to companies and support socially and environmentally beneficial outcomes, for example in healthcare, farming, education and training, culture, infrastructure, management, energy, transport and logistics, public services, security, justice, resource and energy efficiency, and climate change mitigation and adaptation.
Amendment 75 #
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, 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 84 #
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 such as democracy and the rule of law, a set of ethical principles and common normative standards for all high-risk AI systems should be established. Those principles and standards should be consistent with the Charter of fundamental rights of the European Union (the Charter), the European Green Deal (The Green Deal) and the Joint Declaration on Digital Rights of the Union (the Declaration) and should be non-discriminatory and in line with the Union’s international trade commitments.
Amendment 86 #
2021/0106(COD)
Proposal for a regulation
Recital 14 a (new)
Recital 14 a (new)
(14 a) (14 a) Without prejudice to tailoring rules to the intensity and scope of the risks that AI systems can generate, or to the specific requirements laid down for high-risk AI systems, all AI systems developed, deployed or used in the Union should respect not only Union and national law but also a specific set of ethical principles that are aligned with the values enshrined in Union law and that are in part, concretely reflected in the specific requirements to be complied with by high-risk AI systems. That set of principles should, inter alia, also be reflected in codes of conduct that should be mandatory for the development, deployment and use of all AI systems. Accordingly, any research carried out with the purpose of attaining AI-based solutions that strengthen the respect for those principles, in particular those of social responsibility and environmental sustainability, should be encouraged by the Commission and the Member States.
Amendment 87 #
2021/0106(COD)
Proposal for a regulation
Recital 14 b (new)
Recital 14 b (new)
(14 b) (14 b) AI literacy’ refers to skills, knowledge and understanding that allows both citizens and operators in the context of the obligations set out in this Regulation, to make an informed deployment and use of AI systems, as well as to gain awareness about the opportunities and risks of AI and thereby promote its democratic control. AI literacy should not be limited to learning about tools and technologies, but should also aim to equip citizens more generally and operators in the context of the obligations set out in this Regulation, with the critical thinking skills required to identify harmful or manipulative uses as well as to improve their agency and their ability to fully comply with and benefit from trustworthy AI. It is therefore necessary that the Commission, the Member States as well as operators of AI systems, in cooperation with all relevant stakeholders, promote the development of AI literacy, in all sectors of society, for citizens of all ages, including women and girls, and that progress in that regard is closely followed.
Amendment 89 #
2021/0106(COD)
Proposal for a regulation
Recital 15
Recital 15
(15) Aside from the many beneficial uses of artificial intelligence, that technology can also be misused and provide novel and powerful tools for manipulative, exploitative and social control practices. Such practices are particularly harmful and should be prohibited because they contradict Union values of respect for human dignity, freedom, equality, democracy and the rule of law and Union fundamental rights, including the right to non-discrimination, data protection and privacy, gender equality and the rights of the child.
Amendment 90 #
2021/0106(COD)
Proposal for a regulation
Recital 16
Recital 16
(16) The placing on the market, putting into servicedevelopment, deployment or use of certain AI systems intendused 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 106 #
2021/0106(COD)
Proposal for a regulation
Recital 28
Recital 28
(28) AI systems could produce adverse outcomes to health and safety of persons, in particular when such systems operate as components of products. Consistently with the objectives of Union harmonisation legislation to facilitate the free movement of products in the internal market and to ensure that only safe and otherwise compliant products find their way into the market, it is important that the safety risks that may be generated by a product as a whole due to its digital components, including AI systems, are duly prevented and mitigated. For instance, increasingly autonomous robots, whether in the context of manufacturing or personal assistance and care should be able to safely operate and performs their functions in complex environments. Similarly, in the health sector where the stakes for life and health are particularly high, increasingly sophisticated diagnostics systems and systems supporting human decisions should be reliable and accurate. The extent of the adverse impact caused by the AI system on the fundamental rights protected by the Charter is of particular relevance when classifying an AI system as high-risk. Those rights include the right to human dignity, respect for private and family life, protection of personal data, freedom of expression and information, freedom of assembly and of association, and non- discrimination, right to education, consumer protection, workers’ rights. Special attention should be paid to gender equality, rights of persons with disabilities, right to an effective remedy and to a fair trial, right of defence and the presumption of innocence, right to good administration, protection of intellectual property rights and ensuring cultural diversity. In addition to those rights, it is important to highlight that children have specific rights as enshrined in Article 24 of the EU Charter and in the United Nations Convention on the Rights of the Child (further elaborated in the UNCRC General Comment No. 25 as regards the digital environment), both of which require consideration of the children’s vulnerabilities and provision of such protection and care as necessary for their well-being. The fundamental right to a high level of environmental protection enshrined in the Charter and implemented in Union policies should also be considered when assessing the severity of the harm that an AI system can cause, including in relation to the health and safety of persons or to the environment, due to the extraction and consumption of natural resources, waste and the carbon footprint.
Amendment 107 #
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, 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 115 #
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, developed and used, such systems may violate the right to education and training as well as the rights to gender equality and to not to be discriminated against and perpetuate historical patterns of discrimination. Finally, education is also a social learning process therefore, the use of artificial intelligence systems must not replace the fundamental role of teachers in education.
Amendment 118 #
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-risk, since those systems may appreciably impact the health, safety and security rules aplicable 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 also impact their rights to data protection and privacy. In this regard, specific requirements on transparency, information and human oversight should apply. Trade unions and workers representatives should be informed and they should have access to any documentation created under this Regulation for any AI system deployed or used in their work or at their workplace.
Amendment 127 #
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 developbased on ethical principles in particular for the design, development, deployment, 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, 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 129 #
2021/0106(COD)
(70) Certain AI systems intendused to interact with natural persons or to generate content may pose specific risks of impersonation or deception irrespective of whether they qualify as high-risk or not. In certain circumstances, the use of these systems should therefore be subject to specific transparency obligations without prejudice to the requirements and obligations for high-risk AI systems. In particular, natural persons should be notified that they are interacting with an AI system, unless this is obvious from the circumstances and the context of use. Moreover, natural persons should be notified when they are exposed to an emotion recognition system or a biometric categorisation system. Such information and notifications, which should include a disclaimer, should be provided in accessible formats for children, the elderly, migrants and persons with disabilities. Further, users, who use an AI system to generate or manipulate image, audio, text, scripts or video content that appreciably resembles existing persons, places, test, scripts or events and would falsely appear to a person to be authentic, should appropriately disclose that the content has been artificially created or manipulated by labelling the artificial intelligence output accordingly and disclosing its artificial origin, namely the name of the person or entity that created it. AI systems used to recommend, disseminate and order news or cultural and creative content displayed to users, should include an explanation of the parameters used for the moderation of content and personalised suggestions which should be easily accessible and understandable to the users.
Amendment 132 #
2021/0106(COD)
Proposal for a regulation
Recital 73
Recital 73
(73) In order to promote and protect innovation, it is important that the interests of small-scale providers and users of AI systems are taken into particular account. To this objective, Member States should develop initiatives, which are targeted at those operators, including on AI literacy, awareness raising and information communication. Moreover, the specific interests and needs of small-scale providers shall be taken into account when Notified Bodies set conformity assessment fees. Translation costs related to mandatory documentation and communication with authorities may constitute a significant cost for providers and other operators, notably those of a smaller scale. Member States should possibly ensure that one of the languages determined and accepted by them for relevant providers’ documentation and for communication with operators is one which is broadly understood by the largest possible number of cross-border users.
Amendment 133 #
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 trustworthy and 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 in order to achieve trustworthy AI, 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 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 134 #
2021/0106(COD)
Proposal for a regulation
Recital 76
Recital 76
(76) In order to facilitate a smooth, effective and harmonised implementation of this and other Regulations a European Agency for Data and Artificial Intelligence Board should be established. The BoardAgency should be responsible for a number of advisory tasks, including issuing opinions, recommendations, advice or guidance on matters related to the implementation of this Regulation and other present or future legislations, including on technical specifications or existing standards regarding the requirements established in this Regulation and providing advice to and assisting the Commission on specific questions related to artificial intelligence. The Agency should establish a Permanent Stakeholders' Group composed of experts representing the relevant stakeholders, such as representatives of developers, deployers and users of AI systems, including SMEs and start-ups, consumer groups, trade unions, fundamental rights organisations and academic experts and it should communicate its activities to citizens as appropriate.
Amendment 136 #
2021/0106(COD)
Proposal for a regulation
Recital 79
Recital 79
(79) In order to ensure an appropriate and effective enforcement of the requirements and obligations set out by this Regulation, which is Union harmonisation legislation, the system of market surveillance and compliance of products established by Regulation (EU) 2019/1020 should apply in its entirety. Where necessary for their mandate, national public authorities or bodies, which supervise the application of Union law protecting fundamental rights, including equality bodies, should also have access to any documentation created under this Regulation. Where appropriate, national authorities or bodies, which supervise the application of Union law or national law compatible with union law establishing rules regulating the health, safety, security and environment at work, should also have access to any documentation created under this Regulation.
Amendment 137 #
2021/0106(COD)
Proposal for a regulation
Recital 81
Recital 81
(81) The development of AI systems other than high-risk AI systems in accordance with the requirements of this Regulation may lead to a larger uptake of trustworthy, socially responsible and environmentally sustainable artificial intelligence in the Union. Providers of non- high-risk AI systems should be encouraged to create codes of conduct intended to foster the voluntary application of the mandatory requirements applicable to high-risk AI systems. Providers should also be encouraged to apply on a voluntary basis additional requirements related, for example, to environmental sustainability, accessibility to persons with disability, stakeholders’ participatDevelopers and deployers of all AI systems should also draw up codes of conduct in order to ensure and demonstrate compliance with the ethical principles underpinning trustworthy AI. The Commission inand the design and development of AI systems, and diversity of the development teams. The CommissionEuropean Agency for Data and Artificial Intelligence may develop initiatives, including of a sectorial nature, to facilitate the lowering of technical barriers hindering cross-border exchange of data for AI development, including on data access infrastructure, semantic and technical interoperability of different types of data.
Amendment 145 #
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 servicedevelopment, deployment and the use of artificial intelligence systems (‘AI systems’) in the Union;
Amendment 146 #
2021/0106(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point d
Article 1 – paragraph 1 – point d
(d) harmonised transparency rules for AI systems intended to interact with natural persons, emotion recognition systems and biometric categorisation systems, and AI systems used to generate or manipulate image, audio or video content;
Amendment 151 #
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 techniquescan, in and approaches listed in Annex I and canutomated manner, for a given set of human-defined objectives, generate outputs such as content, predictions, recommendations, or decisions influencing the environments they interact with;
Amendment 152 #
2021/0106(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 2
Article 3 – paragraph 1 – point 2
(2) ‘providdeveloper’ means a natural or legal person, public authority, agency or other body that develops an AI system or that has an AI system developed with a view to placing it on the market or putting it into service under its own name or trademark, whether for payment or free of charge, or that adapts a general purpose AI system to a specific purpose and use;
Amendment 153 #
2021/0106(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 2 a (new)
Article 3 – paragraph 1 – point 2 a (new)
(2 a) ‘deployer’ means any natural or legal person, public authority, agency or other body putting into service an AI system developed by another entity without substantial modification, or using an AI system under its authority,
Amendment 154 #
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), the European Green Deal (The Green Deal) and the Joint Declaration on Digital Rights of the Union (the Declaration) and should be non-discriminatory and in line with the Union’s international trade commitments.
Amendment 155 #
2021/0106(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 4
Article 3 – paragraph 1 – point 4
(4) ‘user’ means any natural or legal person, public authority, agency or other body using an AI system under itsthe authority, except where the AI system is used in the course of a personal non- professional activity of a deployer;
Amendment 157 #
2021/0106(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 8
Article 3 – paragraph 1 – point 8
(8) ‘operator’ means the providdeveloper, the deployer, the user, the authorised representative, the importer and the distributor;
Amendment 158 #
2021/0106(COD)
Proposal for a regulation
Recital 14
Recital 14
(14) In order to introduce a proportionate and effective set of binding rules for AI systems, a clearly defined risk- based approach should be followed. That approach should tailor the type and content of such rules to the intensity and scope of the risks that AI systems can generate. It is therefore necessary to prohibit certain artificial intelligence practices, to lay down requirements for high-risk AI systems and obligations for the relevant operators, and to lay down transparency obligations for certain AI systems. With regard to transparency and human oversight obligations, Member States should be able to adopt further national measures to complement them without changing their harmonising nature.
Amendment 161 #
2021/0106(COD)
Proposal for a regulation
Recital 14 a (new)
Recital 14 a (new)
(14a) Without prejudice to tailoring rules to the intensity and scope of the risks that AI systems can generate, or to the specific requirements laid down for high-risk AI systems, all AI systems developed, deployed or used in the Union should respect not only Union and national law but also a specific set of ethical principles that are aligned with the values enshrined in Union law and that are in part, concretely reflected in the specific requirements to be complied with by high-risk AI systems. That set of principles should, inter alia, also be reflected in codes of conduct that should be mandatory for the development, deployment and use of all AI systems. Accordingly, any research carried out with the purpose of attaining AI-based solutions that strengthen the respect for those principles, in particular those of social responsibility and environmental sustainability, should be encouraged by the Commission and the Member States.
Amendment 161 #
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 fundamental rights, health, to property or the environment, to democracy or the democratic rule of law,
Amendment 162 #
2021/0106(COD)
Proposal for a regulation
Recital 14 b (new)
Recital 14 b (new)
(14b) AI literacy’ refers to skills, knowledge and understanding that allows both citizens more generally and developers, deployers and users in the context of the obligations set out in this Regulation to make an informed deployment and use of AI systems, as well as to gain awareness about the opportunities and risks of AI and thereby promote its democratic control. AI literacy should not be limited to learning about tools and technologies, but should also aim to equip citizens more generally and developers, deployers and users in the context of the obligations set out in this Regulation with the critical thinking skills required to identify harmful or manipulative uses as well as to improve their agency and their ability to fully comply with and benefit from trustworthy AI. It is therefore necessary that the Commission, the Member States as well as developers and deployers of AI systems, in cooperation with all relevant stakeholders, promote the development of AI literacy, in all sectors of society, for citizens of all ages, including women and girls, and that progress in that regard is closely followed.
Amendment 163 #
2021/0106(COD)
Proposal for a regulation
Recital 15
Recital 15
(15) Aside from the many beneficial uses of artificial intelligence, that technology can also be misused and provide novel and powerful tools for manipulative, exploitative and social control practices. Such practices are particularly harmful and should be prohibited because they contradict Union values of respect for human dignity, freedom, equality, democracy and the rule of law and Union fundamental rights, including the right to non-discrimination, data protection and privacy, gender equality and the rights of the child.
Amendment 165 #
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) 'AI literacy' means the skills, knowledge and understanding regarding AI systems
Amendment 166 #
2021/0106(COD)
Proposal for a regulation
Article 4
Article 4
Amendments to Annex I The Commission is empowered to adopt delegated acts in accordance with Article 73 to amend the list of techniques and approaches listed in Annex I, in order to update that list to market and technological developments on the basis of characteristics that are similar to the techniques and approaches listed therein.rticle 4 deleted
Amendment 168 #
2021/0106(COD)
Proposal for a regulation
Article 4 a (new)
Article 4 a (new)
Amendment 169 #
2021/0106(COD)
Proposal for a regulation
Article 4 b (new)
Article 4 b (new)
Article 4 b AI literacy 1. When implementing this Regulation, the Union and the Member States shall promote measures and tools for the development of a sufficient level of AI literacy, across sectors and groups of operators concerned, including through education and training, skilling and reskilling programmes and while ensuring a proper gender and age balance, in view of allowing a democratic control of AI systems. 2. Developers and deployers of AI systems shall promote tools and take measures to ensure a sufficient level of AI literacy of their staff and any other persons dealing with the operation and use of AI systems on their behalf, taking into account their technical knowledge, experience, education and training and the environment the AI systems are to be used in, and considering the persons or groups of persons on which the AI systems are to be used. 3. Such literacy tools and measures shall consist, in particular, of the teaching and learning of basic notions and skills about AI systems and their functioning, including the different types of products and uses, their risks and benefits and the severity of the possible harm they can cause and its probability of occurrence. 4. A sufficient level of AI literacy is one that contributes to the ability of operators to fully comply with and benefit from trustworthy AI, and in particular with the requirements laid down in this Regulation in Articles 13, 14, 29, 52 and 69.
Amendment 170 #
2021/0106(COD)
Proposal for a regulation
Recital 16
Recital 16
(16) The placing on the market, putting into servicedevelopment, deployment or use of certain AI systems intendused 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 191 #
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 servicedeveloped and deployed if they comply with certain mandatory requirements based on ethical principles. 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.
Amendment 194 #
2021/0106(COD)
Proposal for a regulation
Recital 28
Recital 28
(28) AI systems could produce adverse outcomes to health and safety of persons, in particular when such systems operate as components of products. Consistently with the objectives of Union harmonisation legislation to facilitate the free movement of products in the internal market and to ensure that only safe and otherwise compliant products find their way into the market, it is important that the safety risks that may be generated by a product as a whole due to its digital components, including AI systems, are duly prevented and mitigated. For instance, increasingly autonomous robots, whether in the context of manufacturing or personal assistance and care should be able to safely operate and performs their functions in complex environments. Similarly, in the health sector where the stakes for life and health are particularly high, increasingly sophisticated diagnostics systems and systems supporting human decisions should be reliable and accurate. The extent of the adverse impact caused by the AI system on the fundamental rights protected by the Charter is of particular relevance when classifying an AI system as high-risk. Those rights include the right to human dignity, respect for private and family life, protection of personal data, freedom of expression and information, freedom of assembly and of association, and non- discrimination, gender equality, education, consumer protection, workers’ rights, rights of persons with disabilities, right to an effective remedy and to a fair trial, right of defence and the presumption of innocence, right to good administration. In addition to those rights, it is important to highlight that children have specific rights as enshrined in Article 24 of the EU Charter and in the United Nations Convention on the Rights of the Child (further elaborated in the UNCRC General Comment No. 25 as regards the digital environment), both of which require consideration of the children’s vulnerabilities and provision of such protection and care as necessary for their well-being. The fundamental right to a high level of environmental protection enshrined in the Charter and implemented in Union policies should also be considered when assessing the severity of the harm that an AI system can cause, including in relation to the health and safety of persons or to the environment, due to the extraction and consumption of natural resources, waste and the carbon footprint.
Amendment 200 #
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, developed and used, such systems may violate the right to education and training as well as the right to gender equality and to not to be discriminated against and perpetuate historical patterns of discrimination.
Amendment 201 #
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-risk, 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 also impact their rights to data protection and privacy. In this regard, specific requirements on transparency, information and human oversight should apply. Trade unions and workers representatives should be informed and they should have access to any documentation created under this Regulation for any AI system deployed or used in their work or at their workplace.
Amendment 201 #
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 due to their risk to cause harm to health, safety, the environment, fundamental rights or to democracy and the rule of law.
Amendment 202 #
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, after ensuring adequate consultation with relevant stakeholders and the European Agency for Data and AI, to update the list in Annex III by adding high-risk AI systems where both of the following conditions are fulfilled:
Amendment 203 #
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 204 #
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 the environment, health and safety, or a risk of adverse impact on fundamental rights, democracy and 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 206 #
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 environment, health and safety or a risk of adverse impact on fundamental rights, democracy and the 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 214 #
2021/0106(COD)
Proposal for a regulation
Recital 46
Recital 46
(46) Having comprehensible information on how high- risk AI systems have been developed and how they perform throughout their lifecycle is essential to verify compliance with the requirements under this Regulation and to allow users to make informed and autonomous decisions about their use. This requires keeping records and the availability of a technical documentation, containing information which is necessary to assess the compliance of the AI system with the relevant requirements. Such information should include the general characteristics, capabilities and limitations of the system, algorithms, data, training, testing and validation processes used as well as documentation on the relevant risk management system. The technical documentation should be kept up to date.
Amendment 214 #
2021/0106(COD)
Proposal for a regulation
Article 9 – paragraph 4 – subparagraph 1 – point c a (new)
Article 9 – paragraph 4 – subparagraph 1 – point c a (new)
(c a) provision of a sufficient level of AI literacy
Amendment 215 #
2021/0106(COD)
Proposal for a regulation
Recital 47
Recital 47
(47) To address the opacity that may make certain AI systems incomprehensible to or too complex for natural persons, a certainsufficient degree of transparency should be required for high-risk AI systems. Users should be able to interpret the system output and use it appropriately. High-risk AI systems should therefore be accompanied by relevant documentation and instructions of use and include concise and clear information, including in relation to possible risks to fundamental rights and discrimination, where appropriate. The same applies to AI systems with general purposes that may have high-risk uses that are not forbidden by their developer. In such cases, sufficient information should be made available allowing deployers to carry out tests and analysis on performance, data and usage. The systems and information should also be registered in the EU database for stand- alone high-risk AI systems foreseen in Article 60 of this Regulation.
Amendment 216 #
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, migrants or other vulnerable groups.
Amendment 218 #
2021/0106(COD)
Proposal for a regulation
Recital 48
Recital 48
(48) High-risk AI systems should be designed and developed in such a way that natural persons can overseehave agency over them by being able to oversee and control their functioning. For this purpose, appropriate human oversight measures should be identified by the provider of the system before its placing on the market or putting into service. In particular, where appropriate and at the very least where decisions based solely on the automated processing enabled by such systems produce legal or otherwise significant effects, such measures should guarantee that the system is subject to in- built operational constraints that cannot be overridden by the system itself and is responsive to the human operator, and that the natural persons to whom human oversight has been assigned have the necessary competence, training and authority to carry out that role.
Amendment 221 #
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 to thein an intelligible manner to the deployers and users.
Amendment 221 #
2021/0106(COD)
Proposal for a regulation
Article 10 – paragraph 2 – point g a (new)
Article 10 – paragraph 2 – point g a (new)
(g a) the purpose and the environment in which the system is to be used;
Amendment 224 #
2021/0106(COD)
Proposal for a regulation
Article 13 – paragraph 1
Article 13 – paragraph 1
1. High-risk AI systems shall be designed and developed in such a way to ensure that their operation is sufficiently transparent to enable users todevelopers, deployers, users and other relevant stakeholders to easily interpret the system’s functioning and output and use it appropriately. An appropriate type and degree of transparency shall be ensured on the basis of informed decisions, with a view to achieving compliance with the relevant obligations of the user and of the provider set out in Chapter 3 of this Title.
Amendment 225 #
2021/0106(COD)
Proposal for a regulation
Article 13 – paragraph 3 a (new)
Article 13 – paragraph 3 a (new)
3 a. In order to comply with the obligations established in this Article, developers and deployers shall ensure a sufficient level of AI literacy in line with New Article 4b.
Amendment 228 #
2021/0106(COD)
Proposal for a regulation
Article 14 – paragraph 5 a (new)
Article 14 – paragraph 5 a (new)
5 a. In order to comply with the obligations established in this Article, developers and deployers shall ensure a sufficient level of AI literacy in line with new Article 4b
Amendment 229 #
2021/0106(COD)
(68) Under certain conditions, rapid availability of innovative technologies may be crucial for health and safety of persons and for society as a whole. It is thus appropriate that under exceptional and ethically justified reasons of public security or protection of life and health of natural persons and the protection of industrial and commercial property, Member States could authorise the placing on the market or putting into service of AI systems which have not undergone a conformity assessment.
Amendment 232 #
2021/0106(COD)
Proposal for a regulation
Article 29 – paragraph 1 a (new)
Article 29 – paragraph 1 a (new)
1 a. In order to comply with the obligations established in this Article, as well as to be able to justify their possible non-compliance, deployers of high-risk AI systems shall ensure a sufficient level of AI literacy in line with new Article 4b;
Amendment 235 #
2021/0106(COD)
Proposal for a regulation
Article 52 – paragraph 1
Article 52 – paragraph 1
1. ProvidDevelopers and deployers shall ensure that AI systems intendused to interact with natural persons are designed and developed in such a way that natural persons are informed, in a timely, clear and intelligible manner that they are interacting with an AI system, unless this is obvious from the circumstances and the context of use. This information shall also include, as appropriate, the functions that are AI enabled, and the rights and processes to allow natural persons to appeal against the application of such AI systems to them. 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 236 #
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, in a timely, clear and intelligible manner, of the operation of the system to the natural persons exposed thereto. This information shall also include, as appropriate, the rights and processes to allow natural persons to appeal against the application of such AI system to then. 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 237 #
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 space for experimentation, while ensuring responsible innovation and integration of appropriate and ethically justified 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.
Amendment 237 #
2021/0106(COD)
Proposal for a regulation
Article 52 – paragraph 3 – introductory part
Article 52 – paragraph 3 – introductory part
3. UDeployers and users of an AI system that generates or manipulates image, audio, text, scripts or video content that appreciably resembles existing persons, objects, places, text, scripts or other entities or events and would falsely appear to a person to be authentic or truthful (‘deep fake’), shall disclose in an appropriate timely, clear and visible manner, that the content has been artificially generated or manipulated, as well as the name of the person or entity that generated or manipulated it.
Amendment 242 #
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 controlled experimentation and testing environment in the development and pre-marketing phase with a view to ensuring compliance of the innovative AI systems with this Regulation and other relevant Union and Member States legislation; to enhance legal certainty for innovators and the competent authorities’ oversight and understanding of the opportunities, emerging risks and the impacts of AI use, and to accelerate access to markets, including by removing barriers for small and medium enterprises (SMEs) and start-ups; to contribute to the development of ethical, socially responsible and environmentally sustainable AI systems, in line with the ethical principles outlined in this Regulation. 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 242 #
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 detect, prevent, investigate and prosecute criminal offencesforms part of an evidently artistic, creative or fictional cinematographic or 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 243 #
2021/0106(COD)
Proposal for a regulation
Article 52 – paragraph 3 – subparagraph 1 a (new)
Article 52 – paragraph 3 – subparagraph 1 a (new)
Developers and deployers of an AI systems that recommend, disseminate and order news or creative and cultural content shall disclose in an appropriate, easily accesible, clear and visible manner, the parameters used for the moderation of content and personalised suggestions. This information shall include a disclaimer.
Amendment 244 #
2021/0106(COD)
Proposal for a regulation
Article 52 – paragraph 3 – subparagraph 1 b (new)
Article 52 – paragraph 3 – subparagraph 1 b (new)
The information referred to in previous paragraphs shall be provided to the natural persons in a timely, clear and visible manner, at the latest at the time of the first interaction or exposure. Such information shall be made accessible when the exposed natural person is a person with disabilities, a child or from a vulnerable group. It shall be complete, where possible, with intervention or flagging procedures for the exposed natural person taking into account the generally acknowledged state of the art and relevant harmonised standards and common specifications.
Amendment 245 #
2021/0106(COD)
Proposal for a regulation
Article 52 – paragraph 4 a (new)
Article 52 – paragraph 4 a (new)
4 a. In order to comply with the obligations established in this Article, a sufficient level of AI literacy shall be ensured.
Amendment 246 #
2021/0106(COD)
Proposal for a regulation
Recital 73
Recital 73
(73) In order to promote and protect innovation, it is important that the interests of small-scale providers and users of AI systems are taken into particular account. To this objective, Member States should develop initiatives, which are targeted at those operators, including on AI literacy, awareness raising and information communication. Moreover, the specific interests and needs of small-scale providers shall be taken into account when Notified Bodies set conformity assessment fees. Translation costs related to mandatory documentation and communication with authorities may constitute a significant cost for providers and other operators, notably those of a smaller scale. Member States should possibly ensure that one of the languages determined and accepted by them for relevant providers’ documentation and for communication with operators is one which is broadly understood by the largest possible number of cross-border users.
Amendment 251 #
2021/0106(COD)
Proposal for a regulation
Recital 81
Recital 81
(81) The development of AI systems other than high-risk AI systems in accordance with the requirements of this Regulation may lead to a larger uptake of trustworthy socially responsible and environmentally sustainable artificial intelligence in the Union. Providers of non- high-risk AI systems should be encouraged to create codes of conduct intended to foster the voluntary application of the mandatory requirements applicable to high-risk AI systems. Providers should also be encouraged to apply on a voluntary basis additional requirements related, for example, to environmental sustainability, accessibility to persons with disability, stakeholders’ participation in the design and development of AI systems, and diversity of the development teams. The Commission may develop initiatives, including of a sectorial nature, to facilitate the lowering of technical barriers hindering cross-border exchange of data for AI development, including on data access infrastructure, semantic and technical interoperability of different types of data.
Amendment 253 #
2021/0106(COD)
Proposal for a regulation
Article 69 – paragraph 1
Article 69 – paragraph 1
1. The Commission and the Member States shall encouragsupport the mand facilitate theatory drawing up of codes of conduct intended to demonstrate compliance with the ethical principles underpinning trustworthy AI set out in new Article 4a and to foster the voluntary application to AI systems other than high-risk AI systems of the requirements set out in Title III, Chapter 2 on the basis of technical specifications and solutions that are appropriate means of ensuring compliance with such requirements in light of the intended purpose of the systems.
Amendment 254 #
2021/0106(COD)
Proposal for a regulation
Article 69 – paragraph 2
Article 69 – paragraph 2
2. The Commission and the Board shall encourage and facilitatIn the drawing up codes of conduct intended to ensure and demonstrate compliance with the ethe drawing up of codes of conduct intended to foster the voluntary application to AI systems of requirements related for example to environmental sustainability, accessibility forical principles underpinning trustworthy AI set out in Article 4a, developers and deployers shall, in particular: (a) consider whether there is a sufficient level of AI literacy among their staff and any other persons dealing with the operation and use of AI systems in order to observe such principles; (b) assess to what extent their AI systems may affect vulnerable persons or groups of persons, including children, the elderly, migrants and persons with a disability, stakeholders participation in the design and development ofies or whether any measures could be put in place in order to support such persons or groups of persons; (c) pay attention to the way in which the use of their AI systems may have an impact on gender balance and equality; (d) have especial regard to whether their AI systems cand diversity of be used in a way that, directly or indirectly, may residually or significantly reinforce existing biases or inequalities; (e) reflect on the need and relevance of having in place diverse development teams oin the basis of clear objectives and key performance indicators to measure the achievement of those objectiveview of securing an inclusive design of their systems; (f) give careful consideration to whether their systems can have a negative societal impact, notably concerning political institutions and democratic processes; (g) evaluate the extent to which the operation of their AI systems would allow them to fully comply with the obligation to provide an explanation laid down in Article New 71 of this Regulation; (h) take stock of the Union’s commitments under the European Green Deal and the European Declaration on Digital Rights and Principles; (i) state their commitment to privileging, where reasonable and feasible, the common specifications to be drafted by the Commission pursuant to Article 41 rather than their own individual technical solutions.
Amendment 255 #
2021/0106(COD)
Proposal for a regulation
Article 69 – paragraph 3
Article 69 – paragraph 3
3. Codes of conduct may be drawn up by individual providers of AI systems or by organisations representing them or by both, including with the involvement of users and any interested stakeholders and their representative organisations, including in particular trade unions and consumers organisations. Codes of conduct may cover one or more AI systems taking into account the similarity of the intended purpose of the relevant systems.
Amendment 256 #
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 servicedevelopment, deployment and the use of artificial intelligence systems (‘AI systems’) in the Union;
Amendment 256 #
2021/0106(COD)
Proposal for a regulation
Article 69 – paragraph 3 a (new)
Article 69 – paragraph 3 a (new)
3 a. Developers and deployers shall designate at least one natural person that is responsible for the internal monitoring of the drawing up of their code of conduct and for verifying compliance with that code of conduct in the course of their activities. That person shall serve as a contact point for users, stakeholders, national competent authorities, the Commission and the European Agency for Data and AI on all matters concerning the code of conduct.
Amendment 257 #
2021/0106(COD)
Proposal for a regulation
Article 69 – paragraph 3 b (new)
Article 69 – paragraph 3 b (new)
3 b. In order to comply with the obligations established in this Article, developers and deployers shall ensure a sufficient level of AI literacy in line with New Article 6.
Amendment 259 #
2021/0106(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point a
Article 2 – paragraph 1 – point a
(a) providers‘developer’ placing on the market or putting into service AI systems in the Union, irrespective of whether those providers are established within the Union or in a third country or that adapts a general purpose AI system to a specific purpose and use;
Amendment 260 #
2021/0106(COD)
Proposal for a regulation
Annex I
Annex I
Amendment 262 #
2021/0106(COD)
Proposal for a regulation
Annex III – paragraph 1 – point 2 – point a
Annex III – paragraph 1 – point 2 – point a
(a) AI systems intended to be used as safety components in the management and operation of road traffic and the supply of water, gas, heating, telecommunications, and electricity.
Amendment 264 #
2021/0106(COD)
(a) AI systems intended to be used for the purpose of determining access or assigning natural persons to educational and vocational training institutions or of determining the study program or areas of study to be followed by students;
Amendment 266 #
2021/0106(COD)
Proposal for a regulation
Annex III – paragraph 1 – point 3 a (new)
Annex III – paragraph 1 – point 3 a (new)
3 a. AI systems intended to be used for monitoring and detecting prohibited behaviour of students during tests at education and training institutions
Amendment 270 #
2021/0106(COD)
Proposal for a regulation
Annex III – paragraph 1 – point 4 – point b
Annex III – paragraph 1 – point 4 – point b
(b) AI intended to be used for making decisions on establishment, promotion and termination of work-related contractual relationships, for task allocation and for monitoring and evaluating performance and behavior of persons in such relationships.
Amendment 286 #
2021/0106(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 8
Article 3 – paragraph 1 – point 8
(8) ‘operator’ means the providdeveloper, the deployer, the user, the authorised representative, the importer and the distributor;
Amendment 287 #
2021/0106(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 8 a (new)
Article 3 – paragraph 1 – point 8 a (new)
(8a) ‘deployer’ means any natural or legal person, public authority, agency or other body putting into service an AI system developed by another entity without substantial modification, or using an AI system under its authority,
Amendment 301 #
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 fundamental rights, health, to property or the environment, to democracy or the democratic rule of law,
Amendment 303 #
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)
(aa) 'AI literacy' means the skills, knowledge and understanding regarding AI systems that are necessary for compliance with and enforcement of this Regulation
Amendment 310 #
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 based on ethical principles in particular for the development, marketingdeployment and use of artificial intelligence in conformity with Union values. Therefore, 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 and values including democracy and rule of law, and it ensures the free movement of AI- based goods and services cross-border, thus preventing Member States from imposing restrictions on the development, marketingdeployment and use of AI systems, unless explicitly authorised by this Regulation.
Amendment 319 #
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 trustworthy and 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 in order to achieve trustworthy AI, 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 operatodevelopers, deployers and users and guaranteeing the uniform protection of overriding reasons of public interest and of rights of persons throughout the internal market based on Article 114 of the Treaty on the Functioning of the European Union (TFEU). To the extent that this Regulation contains specific rules on the protection of individuals with regard to the processing of personal data concerning restrictions of the use of AI systems for ‘real-time’ remote biometric identification in publicly accessible spaces for the purpose of law enforcement, it is appropriate to base this Regulation, in as far as those specific rules are concerned, on Article 16 of the TFEU. In light of those specific rules and the recourse to Article 16 TFEU, it is appropriate to consult the European Data Protection Board.
Amendment 320 #
2021/0106(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) Artificial intelligence is a fast evolving family of technologies that can contribute to a wide array of economic and societal benefits across the entire spectrum of industries and social activities if developed in accordance with relevant ethical principles. By improving prediction, optimising operations and resource allocation, and personalising digital solutions available for individuals and organisations, the use of artificial intelligence can provide key competitive advantages to companies and support socially and environmentally beneficial outcomes, for example in healthcare, farming, education and training, infrastructure management, energy, transport and logistics, public services, security, justice, resource and energy efficiency, and climate change mitigation and adaptation.
Amendment 325 #
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.
Amendment 326 #
2021/0106(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) A Union legal framework laying down harmonised rules on artificial intelligence based on ethical principles 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, including democracy and the rule of law, as recognised and protected by Union law. To achieve that objective, rules regulating the development, 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 327 #
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, 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 335 #
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 such as democracy and the rule of law, a set of ethical principles and common normative standards for all high-risk AI systems should be established. Those principles and standards should be consistent with the Charter of fundamental rights of the European Union (the Charter), the European Green Deal (The Green Deal) and the Joint Declaration on Digital Rights of the Union (the Declaration) and should be non-discriminatory and in line with the Union’s international trade commitments.
Amendment 339 #
2021/0106(COD)
Proposal for a regulation
Recital 14
Recital 14
(14) In order to introduce a proportionate and effective set of binding rules based on ethical principles for AI systems, a clearly defined risk- based approach should be followed. That approach should tailor the type and content of such rules to the intensity and scope of the risks that AI systems can generate. It is therefore necessary to prohibit certain artificial intelligence practices, to lay down requirements for high-risk AI systems and obligations for the relevant operators, and to lay down transparency obligations for certain AI systems. With regard to transparency and human oversight obligations, Member States should be able to adopt further national measures to complement them without changing their harmonising nature.
Amendment 340 #
2021/0106(COD)
Proposal for a regulation
Recital 14 a (new)
Recital 14 a (new)
Amendment 341 #
2021/0106(COD)
Proposal for a regulation
Recital 14 b (new)
Recital 14 b (new)
(14b) AI literacy’ refers to skills, knowledge and understanding that allows both citizens more generally and developers, deployers and users in the context of the obligations set out in this Regulation to make an informed deployment and use of AI systems, as well as to gain awareness about the opportunities and risks of AI and thereby promote its democratic control. AI literacy should not be limited to learning about tools and technologies, but should also aim to equip citizens more generally and developers, deployers and users in the context of the obligations set out in this Regulation with the critical thinking skills required to identify harmful or manipulative uses as well as to improve their agency and their ability to fully comply with and benefit from trustworthy AI. It is therefore necessary that the Commission, the Member States as well as developers and deployers of AI systems, in cooperation with all relevant stakeholders, promote the development of AI literacy, in all sectors of society, for citizens of all ages, including women and girls, and that progress in that regard is closely followed .
Amendment 343 #
2021/0106(COD)
Proposal for a regulation
Recital 15
Recital 15
(15) Aside from the many beneficial uses of artificial intelligence, that technology can also be misused and provide novel and powerful tools for manipulative, exploitative and social control practices. Such practices are particularly harmful and should be prohibited because they contradict Union values of respect for human dignity, freedom, equality, democracy and the rule of law and Union fundamental rights, including the right to non-discrimination, data protection and privacy, gender equality and the rights of the child.
Amendment 344 #
2021/0106(COD)
Proposal for a regulation
Recital 16
Recital 16
(16) The placing on the market, putting into servicedevelopment, deployment or use of certain AI systems intendused 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 364 #
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 servicedeveloped and deployed if they comply with certain mandatory requirements based on ethical principles. 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, democracy and the rule of law, 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, the environment, and fundamental rights of persons in the Union and such limitation minimises any potential restriction to international trade, if any, democracy and the rule of law in the Union.
Amendment 365 #
2021/0106(COD)
Proposal for a regulation
Recital 28
Recital 28
(28) AI systems could produce adverse outcomes to health and safety of persons, in particular when such systems operate as components of products. Consistently with the objectives of Union harmonisation legislation to facilitate the free movement of products in the internal market and to ensure that only safe and otherwise compliant products find their way into the market, it is important that the safety risks that may be generated by a product as a whole due to its digital components, including AI systems, are duly prevented and mitigated. For instance, increasingly autonomous robots, whether in the context of manufacturing or personal assistance and care should be able to safely operate and performs their functions in complex environments. Similarly, in the health sector where the stakes for life and health are particularly high, increasingly sophisticated diagnostics systems and systems supporting human decisions should be reliable and accurate. The extent of the adverse impact caused by the AI system on the fundamental rights protected by the Charter is of particular relevance when classifying an AI system as high-risk. Those rights include the right to human dignity, respect for private and family life, protection of personal data, freedom of expression and information, freedom of assembly and of association, and non- discrimination, education, consumer protection, workers’ rights, gender equality, rights of persons with disabilities, right to an effective remedy and to a fair trial, right of defence and the presumption of innocence, right to good administration, right to protection of intellectual property, cultural diversity. In addition to those rights, it is important to highlight that children have specific rights as enshrined in Article 24 of the EU Charter and in the United Nations Convention on the Rights of the Child (further elaborated in the UNCRC General Comment No. 25 as regards the digital environment), both of which require consideration of the children’s vulnerabilities and provision of such protection and care as necessary for their well-being. The fundamental right to a high level of environmental protection enshrined in the Charter and implemented in Union policies should also be considered when assessing the severity of the harm that an AI system can cause, including in relation to the health and safety of persons or to the environment, due to the extraction and consumption of natural resources, waste and the carbon footprint.
Amendment 368 #
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, 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 375 #
2021/0106(COD)
(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, developed and used, such systems may violate the right to education and training as well as the rights to gender equality and to not to be discriminated against and perpetuate historical patterns of discrimination.
Amendment 377 #
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-risk, 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 also impact their rights to data protection and privacy. In this regard, specific requirements on transparency, information and human oversight should apply. Trade unions and workers representatives should be informed and they should have access to any documentation created under this Regulation for any AI system deployed or used in their work or at their workplace.
Amendment 391 #
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 of the system, and no other less trade restrictive measures are reasonably available, thus avoiding unjustified restrictions to trade.
Amendment 393 #
2021/0106(COD)
Proposal for a regulation
Recital 46
Recital 46
(46) Having comprehensible information on how high- risk AI systems have been developed and how they perform throughout their lifecycle is essential to verify compliance with the requirements under this Regulation and to allow users to make informed and autonomous decisions about their use. This requires keeping records and the availability of a technical documentation, containing information which is necessary to assess the compliance of the AI system with the relevant requirements. Such information should include the general characteristics, capabilities and limitations of the system, algorithmsnamely with regard to the extraction and consumption of natural resources, algorithms and any pre- determined changes on it and its performance, data, training, testing and validation processes used as well as documentation on the relevant risk management system and on the entity that carried out the conformity assessment. The technical documentation should be kept up to date.
Amendment 395 #
2021/0106(COD)
Proposal for a regulation
Recital 47
Recital 47
(47) To address the opacity that may make certain AI systems incomprehensible to or too complex for natural persons, a certainsufficient degree of transparency should be required for high-risk AI systems. Users should be able to easily interpret the system output and use it appropriately. High-risk AI systems should therefore be accompanied by relevant documentation and instructions of use and include concise and clear information, including in relation to possible risks to fundamental rights and discrimination, where appropriate. . The same applies to AI systems with general purposes that may have high-risk uses that are not forbidden by their developer. In such cases, sufficient information should be made available allowing deployers to carry out tests and analysis on performance, data and usage. The systems and information should also be registered in the EU database for stand-alone high-risk AI systems foreseen in Article 60 of this Regulation.
Amendment 398 #
2021/0106(COD)
Proposal for a regulation
Recital 48
Recital 48
(48) High-risk AI systems should be designed and developed in such a way that natural persons can overseehave agency over them by being able to oversee and control their functioning. For this purpose, appropriate human oversight measures should be identified by the provider of the system before its placing on the market or putting into service. In particular, where appropriate and at the very least where decisions based solely on the automated processing enabled by such systems produce legal or otherwise significant effects, such measures should guarantee that the system is subject to in- built operational constraints that cannot be overridden by the system itself and is responsive to the human operator, and that the natural persons to whom human oversight has been assigned have the necessary competence, training and authority to carry out that role.
Amendment 401 #
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 to thein an intelligible manner to the deployers and users.
Amendment 409 #
2021/0106(COD)
Proposal for a regulation
Recital 64
Recital 64
(64) Given the more extensive experience of professional pre-market certifiers in the field of product safety and the different nature of risks involved, it is appropriate to limit, at least in an initial phaseduring the first year of application of this Regulation, the scope of application of third-party conformity assessment for high-risk AI systems other than those related to products. Therefore, the conformity assessment of such systems should be carried out as a general rule by the provider under its own responsibility, with the only exception of AI systems intended to be used for the remote biometric identification of persons, for which the involvement of a notified body in the conformity assessment should be foreseen, to the extent they are not prohibited.
Amendment 413 #
2021/0106(COD)
Proposal for a regulation
Recital 68
Recital 68
(68) Under certain conditions, rapid availability of innovative technologies may be crucial for health and safety of persons and for society as a whole. It is thus appropriate that under exceptional and ethically justified reasons of public security or protection of life and health of natural persons and the protection of industrial and commercial property, Member States could authorise the placing on the market or putting into service of AI systems which have not undergone a conformity assessment.
Amendment 415 #
2021/0106(COD)
Proposal for a regulation
Recital 70
Recital 70
(70) Certain AI systems intendused to interact with natural persons or to generate content may pose specific risks of impersonation or deception irrespective of whether they qualify as high-risk or not. In certain circumstances, the use of these systems should therefore be subject to specific transparency obligations without prejudice to the requirements and obligations for high-risk AI systems. In particular, natural persons should be notified that they are interacting with an AI system, unless this is obvious from the circumstances and the context of use. Moreover, natural persons should be notified when they are exposed to an emotion recognition system or a biometric categorisation system. Such information and notifications, which should include a disclaimer, should be provided in accessible formats for children, the elderly, migrants and persons with disabilities. Further, users, who use an AI system to generate or manipulate image, audio or video content that appreciably resembles existing persons, places or events and would falsely appear to a person to be authentic, should disclose that the content has been artificially created or manipulated by labelling the artificial intelligence output accordingly and disclosing its artificial origin, namely the name of the person or entity that created it.
Amendment 416 #
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 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.
Amendment 417 #
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 controlled experimentation and testing environment in the development and pre-marketing phase with a view to ensuring compliance of the innovative AI systems with this Regulation and other relevant Union and Member States legislation; to enhance legal certainty for innovators and the competent authorities’ oversight and understanding of the opportunities, emerging risks and the impacts of AI use, and to accelerate access to markets, including by removing barriers for small and medium enterprises (SMEs) and start-ups; to contribute to the development of ethical, socially responsible and environmentally sustainable AI systems, in line with the ethical principles outlined in this Regulation. 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 419 #
2021/0106(COD)
Proposal for a regulation
Recital 73
Recital 73
(73) In order to promote and protect innovation, it is important that the interests of small-scale providers and users of AI systems are taken into particular account. To this objective, Member States should develop initiatives, which are targeted at those operators, including on AI literacy, awareness raising and information communication. Moreover, the specific interests and needs of small-scale providers shall be taken into account when Notified Bodies set conformity assessment fees. Translation costs related to mandatory documentation and communication with authorities may constitute a significant cost for providers and other operators, notably those of a smaller scale. Member States should possibly ensure that one of the languages determined and accepted by them for relevant providers’ documentation and for communication with operators is one which is broadly understood by the largest possible number of cross-border users.
Amendment 420 #
2021/0106(COD)
Proposal for a regulation
Recital 76
Recital 76
(76) In order to facilitate a smooth, effective and harmonised implementation of this and other Regulations a European Agency for Data and Artificial Intelligence Board should be established. The BoardAgency should be responsible for a number of advisory tasks, including issuing opinions, recommendations, advice or guidance on matters related to the implementation of this Regulation and other present or future legislations, including on technical specifications or existing standards regarding the requirements established in this Regulation and providing advice to and assisting the Commission on specific questions related to artificial intelligence.
Amendment 423 #
2021/0106(COD)
Proposal for a regulation
Recital 79
Recital 79
(79) In order to ensure an appropriate and effective enforcement of the requirements and obligations set out by this Regulation, which is Union harmonisation legislation, the system of market surveillance and compliance of products established by Regulation (EU) 2019/1020 should apply in its entirety. Where necessary for their mandate, national public authorities or bodies, which supervise the application of Union law protecting fundamental rights, including equality bodies, should also have access to any documentation created under this Regulation. Where appropriate, national authorities or bodies, which supervise the application of Union law or national law compatible with union law establishing rules regulating the health, safety, security and environment at work, should also have access to any documentation created under this Regulation.
Amendment 425 #
2021/0106(COD)
Proposal for a regulation
Recital 81
Recital 81
(81) The development of AI systems other than high-risk AI systems in accordance with the requirements of this Regulation may lead to a larger uptake of trustworthy, socially responsible and environmentally sustainable artificial intelligence in the Union. Providers of non- high-risk AI systems should be encouraged to create codes of conduct intended to foster the voluntary application of the mandatory requirements applicable to high-risk AI systems. Providers should also be encouraged to apply on a voluntary basis additional requirements related, for example, to environmental sustainability, accessibility to persons with disability, stakeholders’ participation in the deDevelopers and deployers of all AI systems should also draw up codes of conduct in order to ensure and demonstrate compliance with the ethical principles underpinning trustworthy AI as outlined in paragraph 2 of Article 4a. The Commissigon and development of AI systems, and diversity of the development teams. The Commissionthe European Agency for Data and Artificial Intelligence may develop initiatives, including of a sectorial nature, to facilitate the lowering of technical barriers hindering cross-border exchange of data for AI development, including on data access infrastructure, semantic and technical interoperability of different types of data.
Amendment 427 #
2021/0106(COD)
Proposal for a regulation
Recital 83
Recital 83
(83) In order to ensure trustful and constructive cooperation of competent authorities on Union and national level, all parties involved in the application of this Regulation should respect the confidentiality and property of information and data obtained in carrying out their tasks.
Amendment 428 #
2021/0106(COD)
Proposal for a regulation
Recital 84
Recital 84
(84) Member States should take all necessary measures to ensure that the provisions of this Regulation are implemented, including by laying down effective, proportionate and dissuasive penalties for their infringement. For certain specific infringements, Member States should take into account the margins and criteria set out in this Regulation. The European Data Protection SupervisorAgency for Data and Artificial Intelligence should have the power to impose fines on Union institutions, agencies and bodies falling within the scope of this Regulation.
Amendment 434 #
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 servicedevelopment, deployment and the use of artificial intelligence systems (‘AI systems’) in the Union;
Amendment 436 #
2021/0106(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point d
Article 1 – paragraph 1 – point d
(d) harmonised transparency rules for certain AI systems intended to interact with natural persons, emotion recognition systems and biometric categorisation systems, and AI systems used to generate or manipulate image, audio or video content;
Amendment 439 #
2021/0106(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point e a (new)
Article 1 – paragraph 1 – point e a (new)
(ea) rules on governance
Amendment 440 #
2021/0106(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point e b (new)
Article 1 – paragraph 1 – point e b (new)
(eb) rules for the establishment of an European Agency for Data and Artificial Intelligence.
Amendment 441 #
2021/0106(COD)
Proposal for a regulation
Article 1 – paragraph 1 a (new)
Article 1 – paragraph 1 a (new)
In order to protect public interests such as health, safety, the environment, fundamental rights, democracy and the rule of law, Member States may establish national provisions focusing on certain aspects of use of AI systems that build upon and complement but do not replace, circumvent or contradict the harmonised framework laid down by this Regulation.
Amendment 443 #
2021/0106(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point a
Article 2 – paragraph 1 – point a
(a) providdevelopers and deployers placing on the market or putting into service AI systems in the Union, irrespective of whether those providers are established within the Union or in a third country;
Amendment 444 #
2021/0106(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point a a (new)
Article 2 – paragraph 1 – point a a (new)
(aa) developers and deployers established or located within the Union for the placing on the market or putting into service AI systems or when the output produced by the system is used in a third country
Amendment 446 #
2021/0106(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point c
Article 2 – paragraph 1 – point c
(c) providdevelopers, deployers and users of AI systems that are located in a third country, where the output produced by the system is used in the Union;
Amendment 454 #
2021/0106(COD)
Proposal for a regulation
Article 2 – paragraph 4
Article 2 – paragraph 4
4. This Regulation shall not apply to public authorities in a third country nor to international organisations falling within the scope of this Regulation pursuant to paragraph 1, where those authorities or organisations use AI systems in the framework of international agreements for law enforcement and judicial cooperation with the Union or with one or more Member States. In the framework of those agreements, no EU public authority nor any Member State shall obtain, or otherwise make use of, any AI system that is prohibited or limited under this Regulation, unless safeguards similar to the ones established in this provision are adopted by those authorities or organisations
Amendment 459 #
2021/0106(COD)
Proposal for a regulation
Article 2 – paragraph 5 a (new)
Article 2 – paragraph 5 a (new)
5a. This Regulation shall be without prejudice to Union and national laws on social policies.
Amendment 463 #
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 techniquescan, in and approaches listed in Annex I and canutomated manner, for a given set of human-defined objectives, generate outputs such as content, predictions, recommendations, or decisions influencing the environments they interact with;
Amendment 467 #
2021/0106(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 2
Article 3 – paragraph 1 – point 2
(2) ‘providdeveloper’ means a natural or legal person, public authority, agency or other body that develops an AI system or that has an AI system developed with a view to placing it on the market or putting it into service under its own name or trademark, whether for payment or free of charge, or that adapts a general purpose AI system to a specific purpose and use;
Amendment 469 #
2021/0106(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 3 a (new)
Article 3 – paragraph 1 – point 3 a (new)
(3a) ‘deployer’ means any natural or legal person, public authority, agency or other body putting into service an AI system developed by another entity without substantial modification, or using an AI system under its authority,
Amendment 470 #
2021/0106(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 4
Article 3 – paragraph 1 – point 4
(4) ‘user’ means any natural or legal person, public authority, agency or other body using an AI system under itsthe authority, except where the AI system is used in the course of a personal non- professional activity; of a deployer
Amendment 476 #
2021/0106(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 8
Article 3 – paragraph 1 – point 8
(8) ‘operator’ means the providdeveloper, the deployer, the user, the authorised representative, the importer and the distributor;
Amendment 478 #
2021/0106(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 12
Article 3 – paragraph 1 – point 12
(12) ‘intended purpose’ means the use for which an AI system is intendused by the provider, including the specific context and conditions of use, as specified in the information supplied by the provider in the instructions for use, promotional or sales materials and statements, as well as in the technical documentation;
Amendment 490 #
2021/0106(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 39
Article 3 – paragraph 1 – point 39
(39) ‘publicly accessible space’ means any physical or virtual place accessible to the public, regardless of whether certain conditions for access may apply;
Amendment 491 #
2021/0106(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 39 a (new)
Article 3 – paragraph 1 – point 39 a (new)
(39a) 'social scoring' means the evaluation or categorisation of citizens based on their behaviour or personal characteristics;
Amendment 493 #
2021/0106(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 42
Article 3 – paragraph 1 – point 42
(42) ‘national supervisory authority’ means the authority to which a Member State assigns the responsibility for the implementation and application of this Regulation, for coordinating the activities entrusted to that Member State, for acting as the single contact point for the Commission, and for representing the Member State at the European Artificial Intelligence Boardgency for Data and AI (EADA);
Amendment 495 #
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 fundamental rights, health, to property or the environment, to democracy or the democratic rule of law,
Amendment 497 #
2021/0106(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 44 a (new)
Article 3 – paragraph 1 – point 44 a (new)
(44a) 'AI literacy' means the skills, knowledge and understanding regarding AI systems that raises are necessary for the compliance with and enforcement of this Regulation
Amendment 500 #
2021/0106(COD)
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
Amendment 502 #
2021/0106(COD)
Proposal for a regulation
Article 4 a (new)
Article 4 a (new)
Amendment 505 #
2021/0106(COD)
Proposal for a regulation
Article 4 b (new)
Article 4 b (new)
Article 4 b AI literacy 1. When implementing this Regulation, the Union and the Member States shall promote measures and tools for the development of a sufficient level of AI literacy, across sectors and groups of developers, deployers and users concerned, including through education and training, skilling and reskilling programmes and while ensuring a proper gender and age balance, in view of allowing a democratic control of AI systems. 2. Developers and deployers of AI systems shall promote tools and take measures to ensure a sufficient level of AI literacy of their staff and any other persons dealing with the operation and use of AI systems on their behalf, taking into account their technical knowledge, experience, education and training and the environment the AI systems are to be used in, and considering the persons or groups of persons on which the AI systems are to be used. 3. Such literacy tools and measures shall consist, in particular, of the teaching and learning of basic notions and skills about AI systems and their functioning, including the different types of products and uses, their risks and benefits and the severity of the possible harm they can cause and its probability of occurrence. 4. A sufficient level of AI literacy is one that contributes to the ability of developers, deployers and users to fully comply with and benefit from trustworthy AI, and in particular with the requirements laid down in this Regulation in Articles 13, 14, 29, 52 and 69.
Amendment 558 #
2021/0106(COD)
Proposal for a regulation
Article 5 – paragraph 1 a (new)
Article 5 – paragraph 1 a (new)
1a. The prohibitions under this Article are without prejudice to other prohibitions that may apply where an artificial intelligence practice violates Union and national laws, including data protection law, non-discrimination law, consumer protection law, and competition law.
Amendment 573 #
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 due to their risk to cause harm to health, safety, the environment, fundamental rights or to democracy and the rule of law.
Amendment 576 #
2021/0106(COD)
Proposal for a regulation
Article 6 a (new)
Article 6 a (new)
Amendment 579 #
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, after ensuring adequate consultation with relevant stakeholders and the European Agency for Data and AI, to update the list in Annex III by adding high-risk AI systems where both of the following conditions are fulfilled:
Amendment 584 #
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 ofon Annex III;
Amendment 585 #
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 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 588 #
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 environment, health and safety or a risk of adverse impact on fundamental rights or 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 590 #
2021/0106(COD)
Proposal for a regulation
Article 56 – paragraph 2 – point a
Article 56 – paragraph 2 – point a
(a) contribute to thepromote and support effective cooperation of the national supervisory authorities and the Commission with regard to matters covered by this Regulation;
Amendment 591 #
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;
Amendment 591 #
2021/0106(COD)
Proposal for a regulation
Article 56 – paragraph 2 – point c a (new)
Article 56 – paragraph 2 – point c a (new)
(ca) assist developers, deployers and users of AI systems to meet the requirements of this Regulation, including those set out in present and future Union legislation, in particular SMEs and start-ups.
Amendment 592 #
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 environment, health and safety or adverse impact on the fundamental rights or democracy and rule of law 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 602 #
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 updating, and in any event when the high-risk AI system is subject to significant changes in its design or purpose. It shall comprise the following steps:
Amendment 605 #
2021/0106(COD)
Proposal for a regulation
Article 9 – paragraph 2 – point d a (new)
Article 9 – paragraph 2 – point d a (new)
(da) drawing up of the mandatory Codes of Conduct referred to in Article 69 taking into account the ethical principles laid down in new Article 4a.
Amendment 609 #
2021/0106(COD)
Proposal for a regulation
Article 9 – paragraph 4 – subparagraph 1 – point c a (new)
Article 9 – paragraph 4 – subparagraph 1 – point c a (new)
(ca) the provision of a sufficient level of AI literacy as outlined in new Article 4b to deployers and users.
Amendment 613 #
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, migrants or other vulnerable groups.
Amendment 614 #
2021/0106(COD)
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
1. High-risk AI systems which make use of techniques involving the training of models with data shall be developed on the basis of training, validation and testing data sets that meet the quality and fairness criteria referred to in paragraphs 2 to 5.
Amendment 619 #
2021/0106(COD)
Proposal for a regulation
Article 10 – paragraph 2 – point f
Article 10 – paragraph 2 – point f
(f) examination in view of possible biases, including where data outputs are used as an input for future operations;
Amendment 622 #
2021/0106(COD)
Proposal for a regulation
Article 10 – paragraph 2 – point g
Article 10 – paragraph 2 – point g
(g) the identification of any possible data gaps or shortcomings, and how those gaps and shortcomings can be addressed, as well as any other relevant variables.
Amendment 624 #
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 626 #
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 extend 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. If occasional inaccuracies cannot be avoided, the system shall indicate, to the best extent possible, the likeliness of errors and inaccuracies to deployers and users through appropriate means.
Amendment 630 #
2021/0106(COD)
Proposal for a regulation
Article 10 – paragraph 4
Article 10 – paragraph 4
4. Training, validation and testing data sets shall take into account, to the extent required by the intended purpose, the characteristics or elements that are particular to the specific geographical, behavioural or functional setting within which the high- risk AI system is intended to be used.
Amendment 635 #
2021/0106(COD)
Proposal for a regulation
Article 11 – paragraph 1 – subparagraph 1
Article 11 – paragraph 1 – subparagraph 1
The technical documentation shall be drawn up, without unduly compromising intellectual property rights or trade secrets, in such a way to demonstrate that the high-risk AI system complies with the requirements set out in this Chapter and provide national competent authorities and notified bodies with all the necessary information to assess the compliance of the AI system with those requirements. It shall contain, at a minimum, the elements set out in Annex IV.
Amendment 636 #
2021/0106(COD)
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
1. High-risk AI systems shall be designed and developed with capabilities enabling the automatic recording of events (‘logs’) while the high-risk AI systems is operatingthroughout the AI systems lifecycle. Those logging capabilities shall conform to recognised standards or common specifications.
Amendment 638 #
2021/0106(COD)
Proposal for a regulation
Article 12 – paragraph 2
Article 12 – paragraph 2
2. The logging capabilities shall ensure a level of traceability of the AI system’s functioning throughout its lifecycle that is appropriate to the intended purpose of the system.
Amendment 639 #
2021/0106(COD)
Proposal for a regulation
Article 12 – paragraph 3
Article 12 – paragraph 3
3. In particular, logging capabilities shall enable the monitoring of the operation of the high-risk AI system with respect to the occurrence of situations that may result in the AI system presenting a risk within the meaning of Article 65(1) or lead to a substantial modification, and facilitate the post-market monitoring referred to in Article 61 and the monitoring of the operation of high-risk AI systems referred to in Article 29 (4).
Amendment 643 #
2021/0106(COD)
Proposal for a regulation
Article 13 – paragraph 1
Article 13 – paragraph 1
1. High-risk AI systems shall be designed and developed in such a way to ensure that their operation is sufficiently transparent to enable users todevelopers, deployers, users and other relevant stakeholders to easily interpret the system’s functioning and output and use it appropriately. An appropriate type and degree of transparency shall be ensured on the basis of informed decisions , with a view to achieving compliance with the relevant obligations of the user and of the provider set out in Chapter 3 of this Title.
Amendment 646 #
2021/0106(COD)
1a. Any person or groups of persons subject to a decision taken by a deployer or user on the basis of output from an AI System shall be informed where such decision produces legal or otherwise significant effects, including when their health and safety or the respect for their fundamental rights is affected.
Amendment 647 #
2021/0106(COD)
Proposal for a regulation
Article 13 – paragraph 1 b (new)
Article 13 – paragraph 1 b (new)
1b. In the cases referred to in paragraph 1, the persons or groups of person affected shall have the right to request an explanation in line with New Article 71.
Amendment 653 #
2021/0106(COD)
Proposal for a regulation
Article 13 – paragraph 3 – point a a (new)
Article 13 – paragraph 3 – point a a (new)
(aa) where it is not the same as the deployer, the identity and the contact details of the entity that carried out the conformity assessment and, where applicable, of its authorised representative;
Amendment 656 #
2021/0106(COD)
Proposal for a regulation
Article 13 – paragraph 3 – point b – point i
Article 13 – paragraph 3 – point b – point i
(i) its intended purpose;
Amendment 660 #
2021/0106(COD)
Proposal for a regulation
Article 13 – paragraph 3 – point b – point iii
Article 13 – paragraph 3 – point b – point iii
(iii) any known or foreseeable circumstance, related to the use of the high-risk AI system in accordance with its intended purpose or under conditions of reasonably foreseeable misuse, which may lead to unethical risks to the health and safety or, environment, fundamental rights or democracy and the rule of law;
Amendment 664 #
2021/0106(COD)
Proposal for a regulation
Article 13 – paragraph 3 – point b – point iv
Article 13 – paragraph 3 – point b – point iv
(iv) its performance as regards the persons or groups of persons on which the system is intended to be used;
Amendment 666 #
2021/0106(COD)
(v) when appropriate, specifications for the input data, or any other relevant information in terms of the training, validation and testing data sets used, taking into account the intended purpose of the AI system.
Amendment 667 #
2021/0106(COD)
Proposal for a regulation
Article 13 – paragraph 3 – point c
Article 13 – paragraph 3 – point c
(c) the changes to the high-risk AI system and its performance, including its algorithms, which have been pre- determined by the provider at the moment of the initial conformity assessment, if any;
Amendment 668 #
2021/0106(COD)
Proposal for a regulation
Article 13 – paragraph 3 – point e
Article 13 – paragraph 3 – point e
(e) the expected lifetime of the high- risk AI system, its level of extraction and consumption of natural resources, and any necessary maintenance and care measures to ensure the proper functioning of that AI system, including as regards software updates.
Amendment 670 #
2021/0106(COD)
Proposal for a regulation
Article 13 – paragraph 3 a (new)
Article 13 – paragraph 3 a (new)
3a. In order to comply with the obligations established in this Article, developers and deployers shall ensure a sufficient level of AI literacy in line with New Article 6.
Amendment 671 #
2021/0106(COD)
Proposal for a regulation
Article 13 – paragraph 3 b (new)
Article 13 – paragraph 3 b (new)
3b. Member States may adopt measures beyond those listed in this Article insofar as they are not in contradiction with, result in the circumvention of or otherwise jeopardize the harmonised application of the requirements laid out in this Regulation, irrespective of whether they would apply to high-risk AI systems or all AI systems.
Amendment 672 #
Amendment 674 #
2021/0106(COD)
Proposal for a regulation
Article 14 – paragraph 1
Article 14 – paragraph 1
1. High-risk AI systems shall be designed and developed in such a way, including with appropriate human-machine interface tools, that they can at all times be effectively overseen with agency by natural persons during the period in which the AI system is in use and irrespectively of their specific characteristics.
Amendment 676 #
2021/0106(COD)
Proposal for a regulation
Article 14 – paragraph 2
Article 14 – paragraph 2
2. Human oversight shall aim at preventing or minimising theunethical risks to the environment, health, safety or, fundamental rights and democracy or the rule of law that may emerge when a high- risk AI system is used in accordance with its intended purpose or under conditions of reasonably foreseeable misuse, in particular when such risks persist notwithstanding the application of other requirements set out in this Chapter and where decisions based solely on automated processing by AI systems produce legal or otherwise significant effects on the persons or groups of persons on which the system is to be used.
Amendment 685 #
2021/0106(COD)
Proposal for a regulation
Article 14 – paragraph 5
Article 14 – paragraph 5
5. For high-risk AI systems referred to in point 1(a) of Annex III, the measures referred to in paragraph 3 shall be such as to ensure that, in addition, no action or decision is taken by the user on the basis of the identification resulting from the system unless this has been verified and confirmed by at least two natural persons with the necessary competence, training and authority.
Amendment 688 #
2021/0106(COD)
Proposal for a regulation
Article 14 – paragraph 5 a (new)
Article 14 – paragraph 5 a (new)
5a. In order to comply with the obligations established in this Article, developers and deployers shall ensure a sufficient level of AI literacy in line with New Article 6.
Amendment 710 #
2021/0106(COD)
Proposal for a regulation
Article 29 – paragraph 1 a (new)
Article 29 – paragraph 1 a (new)
1a. In order to comply with the obligations established in this Article, as well as to be able to justify their possible non-compliance, deployers of high-risk AI systems shall ensure a sufficient level of AI literacy in line with New Article 6.
Amendment 741 #
Amendment 744 #
2021/0106(COD)
Proposal for a regulation
Article 52 – title
Article 52 – title
Transparency obligations for certain AI systems
Amendment 746 #
2021/0106(COD)
Proposal for a regulation
Article 52 – paragraph 1
Article 52 – paragraph 1
1. ProvidDevelopers and deployers shall ensure that AI systems intendused to interact with natural persons are designed and developed in such a way that natural persons are informed, in a timely, clear and intelligible manner that they are interacting with an AI system, unless this is obvious from the circumstances and the context of use. This information shall also include, as appropriate, the functions that are AI enabled, and the rights and processes to allow natural persons to appeal against the application of such AI systems to them. 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 752 #
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, text, scripts or video content that appreciably resembles existing persons, objects, places, text, scripts 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, as well as the name of the natural or legal person that generated or manipulated it.
Amendment 758 #
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 759 #
2021/0106(COD)
Proposal for a regulation
Article 52 – paragraph 3 – subparagraph 1 a (new)
Article 52 – paragraph 3 – subparagraph 1 a (new)
The information referred to in paragraph 1 to 3 shall be provided to the natural persons in a timely, clear and visible manner, at the latest at the time of the first interaction or exposure. Such information shall be made accessible when the exposed natural person is a person with disabilities, a child or from a vulnerable group. It shall be complete, where possible, with intervention or flagging procedures for the exposed natural person taking into account the generally acknowledged state of the art and relevant harmonised standards and common specifications.
Amendment 760 #
2021/0106(COD)
Proposal for a regulation
Article 52 – paragraph 3 – subparagraph 1 b (new)
Article 52 – paragraph 3 – subparagraph 1 b (new)
Developers of AI systems with general purposes that are not listed as high-risk in Annex III shall provide relevant information allowing deployers and users to comply with the requirements and obligations set out in Title III of this Regulation. Such systems shall be registered in the EU database set out in Article 60.
Amendment 761 #
2021/0106(COD)
Proposal for a regulation
Article 52 – paragraph 3 – subparagraph 1 c (new)
Article 52 – paragraph 3 – subparagraph 1 c (new)
In order to comply with the obligations established in this Article, developers and deployers shall ensure a sufficient level of AI literacy in line with New Article 6.
Amendment 769 #
2021/0106(COD)
Proposal for a regulation
Article 53 – paragraph 5
Article 53 – paragraph 5
5. Member States’ competent authorities that have established AI regulatory sandboxes shall coordinate their activities and cooperate within the framework of the European Agency for Data and Artificial Intelligence Board. They shall submit annual reports to the BoardAgency and the Commission on the results from the implementation of those scheme, including good practices, lessons learnt and recommendations on their setup and, where relevant, on the application of this Regulation and other Union legislation supervised within the sandbox.
Amendment 779 #
2021/0106(COD)
Proposal for a regulation
Title VI – Chapter 1 – title
Title VI – Chapter 1 – title
1 European Agency for Data and Artificial Intelligence Board(‘EADA’)
Amendment 780 #
2021/0106(COD)
Proposal for a regulation
Article 56 – title
Article 56 – title
Establishment of the Europeuropean Agency for Data and Artificial Intelligence Board(‘EADA’)
Amendment 781 #
2021/0106(COD)
Proposal for a regulation
Article 56 – paragraph 1
Article 56 – paragraph 1
1. A ‘European Agency for Data and Artificial Intelligence Board’ (the ‘Board’) is established(the ‘Agency’) is established to promote a trustworthy, effective and competitive internal market for the data and artificial intelligence sectors.
Amendment 782 #
2021/0106(COD)
Proposal for a regulation
Article 56 – paragraph 2 – introductory part
Article 56 – paragraph 2 – introductory part
2. The BoardAgency shall provide advice and assistance to the Commission and the Member States, when implementing Union law related to data and artificial intelligence. It shall cooperate with the developers and deployers of AI systems, in order to:
Amendment 783 #
2021/0106(COD)
Proposal for a regulation
Article 56 – paragraph 2 – point a
Article 56 – paragraph 2 – point a
(a) contribute topromote and support the effective cooperation of the national supervisory authorities and the Commission with regard to matters covered by this Regulation;
Amendment 785 #
2021/0106(COD)
Proposal for a regulation
Article 56 – paragraph 2 – point c a (new)
Article 56 – paragraph 2 – point c a (new)
(ca) assist developers, deployers and users of AI systems to meet the requirements of this Regulation, including those set out in present and future Union legislation, in particular SMEs and start-ups.
Amendment 787 #
2021/0106(COD)
Proposal for a regulation
Article 56 – paragraph 2 – point c b (new)
Article 56 – paragraph 2 – point c b (new)
(cb) issue recommendations and carry out assessments of the compliance by developers and deployers and the enforcement by national supervisory authorities of Articles 70 to 74.
Amendment 788 #
2021/0106(COD)
Proposal for a regulation
Article 56 – paragraph 2 a (new)
Article 56 – paragraph 2 a (new)
2a. The Agency shall act as a reference point for advice and expertise for Union institutions, bodies, offices and agencies as well as for other relevant stakeholders on matters related to data and artificial intelligence.
Amendment 791 #
2021/0106(COD)
Proposal for a regulation
Article 56 – paragraph 2 b (new)
Article 56 – paragraph 2 b (new)
2b. The Agency shall act as a contact point for persons or groups of persons affected by AI systems when there has been no national enforcement of their rights under Article 70a to 74 or when the AI system affecting or harming them is deployed and used in more than one Member State
Amendment 792 #
2021/0106(COD)
Proposal for a regulation
Article 57 – title
Article 57 – title
Amendment 793 #
2021/0106(COD)
Proposal for a regulation
Article 57 – paragraph -1 (new)
Article 57 – paragraph -1 (new)
-1. The Agency shall have a Chair elected by qualified majority among the members of its board. It shall carry out its tasks independently, impartially, transparently and in a timely manner. It shall have a strong mandate, a secretariat as well as sufficient resources and skilled personnel at its disposal for the proper performance of its tasks. The mandate of the Agency shall contain the operational aspects related to the execution of the Agency’s tasks as listed in Article 58.
Amendment 795 #
2021/0106(COD)
Proposal for a regulation
Article 57 – paragraph 1
Article 57 – paragraph 1
1. The BAgency shall establish a board. 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. Other national authorities mayrepresentatives of the European Commission as well as, high level representatives from the European Data Protection Supervisor, the EU Agency for Fundamental Rights and the EU Agency for Cybersecurity. Other national authorities, as well as other Union bodies, offices, agencies and advisory groups shall be invited to the meetings, where the issues discussed are of relevance for them.
Amendment 798 #
2021/0106(COD)
Proposal for a regulation
Article 57 – paragraph 2
Article 57 – paragraph 2
2. The BAgency’s 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 ques, namely with regard to the election of its Chair, by a simple majority of its members, with the assistance of the Agency’s secretariat. The Agency’s secretariat shall convene the meetings and prepare the agenda in accordance with the task of the Agency’s board pursuant with its rules of procedure. The Agency’s secretariat will provide administrative and analytical support for the activities of the board pursuant to this Regulations.
Amendment 801 #
2021/0106(COD)
Proposal for a regulation
Article 57 – paragraph 3
Article 57 – paragraph 3
3. The BoardAgency shall be chaired by the Commission. The Commission shall convene the meetings and pestablish a Permanent Stakeholders' Group composed of experts repare 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 Regulationsenting the relevant stakeholders, such as representatives of developers, deployers and users of AI systems, including SMEs and start-ups, consumer groups, trade unions, fundamental rights organisations and academic experts.
Amendment 803 #
2021/0106(COD)
Proposal for a regulation
Article 57 – paragraph 4
Article 57 – paragraph 4
4. The Board may invite external experts and observers to attend its meetings and may hold exchanges withAgency shall also inform interested third parties to informand citizens on 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 groups.
Amendment 805 #
Amendment 806 #
2021/0106(COD)
Proposal for a regulation
Article 58 – paragraph 1 – introductory part
Article 58 – paragraph 1 – introductory part
When providing advice and assistance to the Commission in, the context of Article 56(2), the Board shall in particularMember States and in cooperation with the developers, deployers and users of AI systems with regard to the application of this Regulation , the Agency shall:
Amendment 807 #
2021/0106(COD)
Proposal for a regulation
Article 58 – paragraph 1 – point a a (new)
Article 58 – paragraph 1 – point a a (new)
(aa) promote and support the cooperation among national supervisory authorities and the Commission, and ensure the Union safeguard procedure referred to Article 66;
Amendment 808 #
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 809 #
2021/0106(COD)
Proposal for a regulation
Article 58 – paragraph 1 – point c – point ii a (new)
Article 58 – paragraph 1 – point c – point ii a (new)
(iia) on the provisions related to post market monitoring as referred to in Article 61,
Amendment 811 #
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 each of the Annexes as referred to in Article 73,
Amendment 814 #
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 establish and maintain the EU database for stand-alone high risk AI systems, referred to in Article 60;
Amendment 815 #
2021/0106(COD)
Proposal for a regulation
Article 58 – paragraph 1 – point c b (new)
Article 58 – paragraph 1 – point c b (new)
(cb) to carry out annual reviews and analysis of the complaints sent to and the findings made by the national competent authorities of the serious incidents report referred to in Article 62;
Amendment 816 #
2021/0106(COD)
Proposal for a regulation
Article 58 – paragraph 1 – point c c (new)
Article 58 – paragraph 1 – point c c (new)
(cc) to act as the market surveillance authority where Union institutions, agencies and bodies fall within the scope of this Regulation, as referred to in paragraph 6 of Article 63 and Article 72;
Amendment 817 #
2021/0106(COD)
Proposal for a regulation
Article 58 – paragraph 1 – point c d (new)
Article 58 – paragraph 1 – point c d (new)
(cd) to provide guidance material to developers, deployers and users regarding the compliance with the requirements set out in this Regulation. In particular, it shall issue guidelines: i) for the trustworthy AI technical assessment referred to in paragraph 6 of new Article 4a, ii) for the preliminary risk self-assessment referred to in new Article 5a; iii) for the methods for performing the conformity assessment based on internal control referred to Article 43; iv) to facilitate compliance with the reporting of serious incidents and of malfunctioning referred to in Article 62; v) to facilitate the drawing up of the mandatory Codes of Conduct referred to in Article 69; vi) on any other concrete procedures to be performed by developers, deployers and users when complying with this Regulation, in particular those regarding the documentation to be delivered to notified bodies and methods to provide authorities with other relevant information.
Amendment 818 #
2021/0106(COD)
Proposal for a regulation
Article 58 – paragraph 1 – point c e (new)
Article 58 – paragraph 1 – point c e (new)
(ce) to provide specific guidance to help and alleviate the burden to SMEs, start-ups or small-scale operators, regarding the compliance of the obligations set out in this Regulation;
Amendment 819 #
2021/0106(COD)
Proposal for a regulation
Article 58 – paragraph 1 – point c f (new)
Article 58 – paragraph 1 – point c f (new)
(cf) to raise awareness and provide guidance material to developers, deployers regarding the compliance with the requirement to put in place tools and measures to ensure a sufficient level of AI literacy in line with new Article 6.
Amendment 820 #
2021/0106(COD)
Proposal for a regulation
Article 58 – paragraph 1 – point c g (new)
Article 58 – paragraph 1 – point c g (new)
(cg) to contribute to the Union efforts to cooperate with third countries and international organisations in view of promoting a common global approach towards trustworthy AI;
Amendment 822 #
2021/0106(COD)
Proposal for a regulation
Article 59 – paragraph 3
Article 59 – paragraph 3
3. Member States shall inform the Commission and the Agency of their designation or designations and, where applicable, the reasons for designating more than one authority.
Amendment 826 #
2021/0106(COD)
Proposal for a regulation
Article 59 – paragraph 5
Article 59 – paragraph 5
5. Member States shall report to 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 BoardAgency for discussion and possible recommendations.
Amendment 827 #
2021/0106(COD)
Proposal for a regulation
Article 59 – paragraph 6
Article 59 – paragraph 6
6. The CommissionAgency shall facilitate the exchange of experience between national competent authorities.
Amendment 830 #
2021/0106(COD)
Proposal for a regulation
Article 59 – paragraph 8
Article 59 – paragraph 8
8. When Union institutions, agencies and bodies fall within the scope of this Regulation, the European Data Protection SupervisorAgency shall act as the competent authority for their supervision.
Amendment 831 #
2021/0106(COD)
Proposal for a regulation
Article 60 – paragraph 1
Article 60 – paragraph 1
1. The CommissionAgency 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, as well as the information referred to in new paragraph 3x new of Article 52.
Amendment 833 #
2021/0106(COD)
2. The data listed in Annex VIII shall be entered into the EU database by the providers. The CommissionAgency shall provide them with technical and administrative support.
Amendment 837 #
2021/0106(COD)
Proposal for a regulation
Article 60 – paragraph 5
Article 60 – paragraph 5
5. The CommissionAgency shall be the controller of the EU database. It shall also ensure to providers adequate technical and administrative support.
Amendment 846 #
2021/0106(COD)
Proposal for a regulation
Article 63 – paragraph 6
Article 63 – paragraph 6
6. Where Union institutions, agencies and bodies fall within the scope of this Regulation, the European Data Protection SupervisorAgency shall act as their market surveillance authority.
Amendment 850 #
2021/0106(COD)
Proposal for a regulation
Article 65 – paragraph 3
Article 65 – paragraph 3
3. Where the market surveillance authority considers that non-compliance is not restricted to its national territory, it shall inform the Agency, the Commission and the other Member States of the results of the evaluation and of the actions which it has required the operator to take.
Amendment 851 #
2021/0106(COD)
Proposal for a regulation
Article 65 – paragraph 5
Article 65 – paragraph 5
5. Where the operator of an AI system does not take adequate corrective action within the period referred to in paragraph 2, the market surveillance authority shall take all appropriate provisional measures to prohibit or restrict the AI system's being made available on its national market, to withdraw the product from that market or to recall it. That authority shall inform the Agency, the Commission and the other Member States, without delay, of those measures.
Amendment 852 #
2021/0106(COD)
Proposal for a regulation
Article 65 – paragraph 6 – point -a (new)
Article 65 – paragraph 6 – point -a (new)
(-a) the non-compliance with new Article 4a;
Amendment 853 #
2021/0106(COD)
Proposal for a regulation
Article 65 – paragraph 7
Article 65 – paragraph 7
7. The market surveillance authorities of the Member States other than the market surveillance authority of the Member State initiating the procedure shall without delay inform the Agency, the Commission and the other Member States of any measures adopted and of any additional information at their disposal relating to the non- compliance of the AI system concerned, and, in the event of disagreement with the notified national measure, of their objections.
Amendment 854 #
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 a Member State against a measure taken by another Member State, or where the Agency or the Commission considers the measure to be contrary to Union law, the CommissionAgency 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 CommissionAgency shall decide whether the national measure is justified or not within 96 months from the notification referred to in Article 65(5) and notify such decision to the Member State concerned.
Amendment 855 #
2021/0106(COD)
Proposal for a regulation
Article 66 – paragraph 2
Article 66 – paragraph 2
2. If the national measure is considered justified, all Member States shall take the measures necessary to ensure that the non-compliant AI system is withdrawn from their market, and shall inform the CommissionAgency accordingly. If the national measure is considered unjustified, the Member State concerned shall withdraw the measure.
Amendment 856 #
2021/0106(COD)
Proposal for a regulation
Article 67 – paragraph 3
Article 67 – paragraph 3
3. The Member State shall immediately inform the Agency, the Commission and the other Member States. That information shall include all available details, in particular the data necessary for the identification of the AI system concerned, the origin and the supply chain of the AI system, the nature of the risk involved and the nature and duration of the national measures taken.
Amendment 857 #
2021/0106(COD)
Proposal for a regulation
Article 67 – paragraph 5
Article 67 – paragraph 5
5. The Commission shall address its decision to the Agency and the Member States.
Amendment 859 #
2021/0106(COD)
Proposal for a regulation
Article 68 a (new)
Article 68 a (new)
Article 68 a Reporting of breaches and protection of reporting persons Directive (EU) 2019/1937 of the European Parliament and of the Council1a shall apply to the reporting of breaches of this Regulation and the protection of persons reporting such breaches. _________________ 1a Directive (EU) 2019/1937 of the European Parliament and of the Council of 23 October 2019 on the protection of persons who report breaches of Union law (OJ L 305, 26.11.2019, p. 17).
Amendment 864 #
2021/0106(COD)
Proposal for a regulation
Article 69 – paragraph 1
Article 69 – paragraph 1
1. The Commission and the Member States shall encouragsupport the mand facilitate theatory drawing up of codes of conduct intended to demonstrate compliance with the ethical principles underpinning trustworthy AI set out in Article 4a and to foster the voluntary application to AI systems other than high-risk AI systems of the requirements set out in Title III, Chapter 2 on the basis of technical specifications and solutions that are appropriate means of ensuring compliance with such requirements in light of the intended purpose of the systems.
Amendment 866 #
2021/0106(COD)
Proposal for a regulation
Article 69 – paragraph 2
Article 69 – paragraph 2
2. The Commission and the Board shall encourage and facilitatIn the drawing up codes of conduct intended to ensure and demonstrate compliance with the ethe drawing up of codes of conduct intended to foster the voluntary application to AI systems of requirements related for example to environmental sustainability, accessibility forical principles underpinning trustworthy AI set out in Article 4a, developers and deployers shall, in particular: (a) consider whether there is a sufficient level of AI literacy among their staff and any other persons dealing with the operation and use of AI systems in order to observe such principles; (b) assess to what extent their AI systems may affect vulnerable persons or groups of persons, including children, the elderly, migrants and persons with a disability, stakeholders participation in the design and development ofies or whether any measures could be put in place in order to support such persons or groups of persons; (c) pay attention to the way in which the use of their AI systems may have an impact on gender balance and equality; (d) have especial regard to whether their AI systems cand diversity of be used in a way that, directly or indirectly, may residually or significantly reinforce existing biases or inequalities; (e) reflect on the need and relevance of having in place diverse development teams oin the basis of clear objectives and key performance indicators to measure the achievement of those objectives. view of securing an inclusive design of their systems; (f) give careful consideration to whether their systems can have a negative societal impact, notably concerning political institutions and democratic processes; (g) evaluate the extent to which the operation of their AI systems would allow them to fully comply with the obligation to provide an explanation laid down in Article New 71 of this Regulation; (h) take stock of the Union’s commitments under the European Green Deal and the European Declaration on Digital Rights and Principles; (i) state their commitment to privileging, where reasonable and feasible, the common specifications to be drafted by the Commission pursuant to Article 41 rather than their own individual technical solutions.
Amendment 868 #
2021/0106(COD)
Proposal for a regulation
Article 69 – paragraph 3
Article 69 – paragraph 3
3. Codes of conduct may be drawn up by individual providdevelopers and deployers of AI systems or by organisations representing them or by both, including with the involvement of users and any interested stakeholders and their representative organisations, in particular trade unions, and consumer organisations. Codes of conduct may cover one or more AI systems taking into account the similarity of the intended purpose of the relevant systems.
Amendment 871 #
2021/0106(COD)
Proposal for a regulation
Article 69 – paragraph 3 a (new)
Article 69 – paragraph 3 a (new)
3a. Developers and deployers shall designate at least one natural person that is responsible for the internal monitoring of the drawing up of their code of conduct and for verifying compliance with that code of conduct in the course of their activities. That person shall serve as a contact point for users, stakeholders, national competent authorities, the Commission and the European Agency for Data and AI on all matters concerning the code of conduct.
Amendment 872 #
2021/0106(COD)
Proposal for a regulation
Article 69 – paragraph 4
Article 69 – paragraph 4
4. The Commission and the BoardEuropean Agency for Data and AI shall take into account the specific interests and needs of the small-scale providers and start-ups when encouraging and facilitasupporting the drawing up of codes of conduct.
Amendment 876 #
2021/0106(COD)
Proposal for a regulation
Article 69 – paragraph 4 a (new)
Article 69 – paragraph 4 a (new)
4a. In order to comply with the obligations established in this Article, developers and deployers shall ensure a sufficient level of AI literacy in line with New Article 6.
Amendment 877 #
Amendment 883 #
2021/0106(COD)
Proposal for a regulation
Article 70 a (new)
Article 70 a (new)
Article 70 a Right to an explanation 1. Any persons or groups of persons subject to a decision taken by a deployer or user on the basis of output from an AI system which produces legal effects, or which significantly affects them, shall have the right to receive from the deployer, upon request and, where concerning AI systems other than high- risk that are not subject to the requirements of Article 13 of this Regulation, at the time when the decision is communicated, a clear and meaningful explanation of: (a) the logic involved, the main parameters of decision-making and their relative weight; (b) the input data relating to the affected person or groups of persons and each of the main parameters on which the decision was made, including an easily understandable description of inferences drawn from other data if it is the inference that relates to a main parameter. 2. Paragraph 1 shall not apply to the use of AI systems: (a) that are authorised by law to detect, prevent, investigate and prosecute criminal offences or other unlawful behaviour; (b) for which exceptions from, or restrictions to, the obligation under paragraph 1 follow from Union or national law, which lays down other appropriate safeguards for the affected person or groups of persons’ rights and freedoms and legitimate interests; or (c) where the affected person has given free, explicit, specific and informed consent not to receive an explanation.
Amendment 884 #
2021/0106(COD)
Proposal for a regulation
Article 70 b (new)
Article 70 b (new)
Amendment 885 #
2021/0106(COD)
Proposal for a regulation
Article 70 c (new)
Article 70 c (new)
Amendment 886 #
2021/0106(COD)
Proposal for a regulation
Article 70 d (new)
Article 70 d (new)
Article 70 d Representation of affected persons or groups of persons 1. Without prejudice to Directive 2020/1828/EC, the person or groups of persons harmed by AI systems shall have the right to mandate a not-for-profit body, organisation or association which has been properly constituted in accordance with the law of a Member State, has statutory objectives which are in the public interest, and is active in the field of the protection of rights and freedoms impacted by AI to lodge the complaint on his, her or their behalf, to exercise the rights referred to in Articles New 71, New 72 and New 73 on his or her behalf. 2. Without prejudice to Directive 2020/1828/EC, the body, organisation or association referred to in paragraph 1 shall have the right to exercise the rights established in Articles New 72 and New 73 independently of a mandate by a person or groups of person if it considers that a developer or a deployer has infringed any of the rights or obligations set out in this Regulation.
Amendment 887 #
2021/0106(COD)
Proposal for a regulation
Article 70 e (new)
Article 70 e (new)
Article 70 e Representative actions 1. The following is added to Annex I of Directive 2020/1828/EC on Representative actions for the protection of the collective interests of consumers: “Regulation xxxx/xxxx of the European Parliament and of the Council laying down harmonised rules on artificial intelligence (artificial intelligence act) and amending certain union legislative acts”.
Amendment 895 #
2021/0106(COD)
Proposal for a regulation
Article 72 – paragraph 1 – introductory part
Article 72 – paragraph 1 – introductory part
1. The European Data Protection SupervisorAgency may impose administrative fines on Union institutions, agencies and bodies falling within the scope of this Regulation. 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 899 #
2021/0106(COD)
Proposal for a regulation
Article 72 – paragraph 1 – point b
Article 72 – paragraph 1 – point b
(b) the cooperation with the European Data Protection SupervisorAgency in order to remedy the infringement and mitigate the possible adverse effects of the infringement, including compliance with any of the measures previously ordered by the European Data Protection SupervisorAgency against the Union institution or agency or body concerned with regard to the same subject matter;
Amendment 903 #
2021/0106(COD)
Proposal for a regulation
Article 72 – paragraph 4
Article 72 – paragraph 4
4. Before taking decisions pursuant to this Article, the European Data Protection SupervisorAgency shall give the Union institution, agency or body which is the subject of the proceedings conducted by the European Data Protection SupervisorAgency the opportunity of being heard on the matter regarding the possible infringement. The European Data Protection SupervisorAgency shall base his or herits decisions only on elements and circumstances on which the parties concerned have been able to comment. Complainants, if any, shall be associated closely with the proceedings.
Amendment 904 #
2021/0106(COD)
Proposal for a regulation
Article 72 – paragraph 5
Article 72 – paragraph 5
5. The rights of defense of the parties concerned shall be fully respected in the proceedings. They shall be entitled to have access to the European Data Protection SupervisorAgency’s file, subject to the legitimate interest of individuals or undertakings in the protection of their personal data or business secrets.
Amendment 910 #
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 the replacement or amendment of those legal acts leads to a significant change in the design or intended purpose of the AI system or AI systems concerned.
Amendment 13 #
2020/2275(INI)
Motion for a resolution
Recital E a (new)
Recital E a (new)
Ea. whereas some petitions are declared inadmissible due to the lack of information or confusion from the citizens about the competences of the European Union;
Amendment 19 #
2020/2275(INI)
Motion for a resolution
Recital H a (new)
Recital H a (new)
Ha. whereas the EU must guarantee the citizens the right to participate actively in the democratic activities of the European Union in their mother tongue to avoid any kind of discrimination;
Amendment 20 #
2020/2275(INI)
Motion for a resolution
Recital I
Recital I
I. whereas the ECI thereby helps strengthen the democratic functioning of the Union through the participation of citizens in its democratic and political life; whereas the ECI should be regarded as one of the ways in which citizens can bring certain issues to the attention of the EU institutions and approach them to legislate on the issues that are within the EU competences and concern the citizens, alongside dialogue with representative associations and civil society, stakeholder consultations, the right to petition and the right to submit complaints to the European Ombudsman;
Amendment 23 #
2020/2275(INI)
Motion for a resolution
Recital K
Recital K
K. whereas, in order to achieve those objectives, the procedures and conditions required for the ECI should ensure that initiatives on valid subjects are considered and responded to appropriately by the Commission; whereas at least one million signatures from at least a quarter of the Member States are required for an ECI to be submitted to the Commission; whereas the Commission has made the deadline for submitting signatures more flexible in response to the COVID-19 pandemicto the impacts caused by COVID-19 pandemic on the signature collection procedure;
Amendment 27 #
2020/2275(INI)
Motion for a resolution
Recital M
Recital M
M. whereas one of the EU’s priority objectives must be to strengthen the democratic legitimacy of its institutions through instruments of citizen participation which are more effective and transparent;
Amendment 29 #
2020/2275(INI)
Motion for a resolution
Recital Q
Recital Q
Q. whereas the right to petition, the right to refer to the European Ombudsman, and the ECI are participatory tools that foster the transparency; the participatory democracy and active European citizenship;
Amendment 31 #
2020/2275(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Points out that the right to petition is the oldest instrument involving the direct participation of citizens at EU level and that it is the easiest and most direct way for citizens to contact thereach an EU institutions and express their view when there are loopholes oin the legislation adopted and the policy choices made at EU levelnd contact the EU institutions and express their concerns and complaints about European law that affects them directly;
Amendment 46 #
2020/2275(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Points out that the petitioners' frustration at the lack of real solutions to their problems can result in detachment from the EU institutions, as well as a feeling of Euroscepticism due to the lack of answers;
Amendment 47 #
2020/2275(INI)
Motion for a resolution
Paragraph 3 b (new)
Paragraph 3 b (new)
3b. Calls for common criteria when dealing with the different petitions to guarantee a standardized and coherent treatment of the petitions and avoid the arbitrary or partisan use of the citizens’ requests; stresses that the lack of homogeneity in the treatment of petitions can cause confusion among petitioners and result in limited will to exercise the right to petition by citizens;
Amendment 51 #
2020/2275(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Draws attention to the potential that the right to petition has when it comes to warning the EU institutions about possible loopholes in Union law, or breaches or poor implementation thereof, both systemically and as regards specific cases; calls on the Commission, as guardian of the Treaties, to pay closera serious attention to the issues raised in petitions and to ensure that they give rise to proper inquiries so that genuine improvements can be made; emphasises that, in cases where the Commission does not have legislative powers, the Commission still has and should use the possibility to act by providing coordination or support in order to offer a diligent response to the problems and needs of the petitioners;
Amendment 54 #
2020/2275(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Calls for the implementation of a detailed analysis that allows to know the reasons why the number of registered petitions in recent years has decreased; calls on the European Commission to coordinate with the Committee of Petitions to carry out a study to detect the main obstacles encountered when exercising the right to petition, as well as any communication problems that may exist; calls for the implementation of the necessary mechanisms in order to sort out the potential shortcomings and problems found in the study;
Amendment 57 #
2020/2275(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Calls on the Commission to monitor, assess, and report annually on the petitions dealt with and to ensure that this assessment feeds into political decision- making at the level of the Commission;
Amendment 59 #
2020/2275(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Calls on the Council and the Member States to show more interest inan active involvement and participatinge in discussions and debates on petitions and to provide responses to questions raised by petitioners at EU level, in particular by sending the petitions to the relevant and competent authorities, ensuring adequate follow-up and participating in parliamentary debates;
Amendment 62 #
2020/2275(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Calls for the EU institutions and Parliament’s committees, as well as the Member States, to better cooperate with the Committee on Petitions in order to answer petitioners efficiently and satisfy their requests; in this context, urges the Commission to avoid general answers and to provide targeted and tailored responses to the petitioners and their demands;
Amendment 64 #
2020/2275(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Calls on civil society as a whole to tap the full potential of the right to petition when it comes to effecting policy and legislative changes at EU level; calls on civil society organisations to make betthigher use of petitions as instruments of direct democracy to convey to the European institutions their concerns, as well as possible legislative infringements related to Union law;
Amendment 67 #
2020/2275(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Calls on the Conference on the Future of Europe to reflect on and debate the right to petition, and, along with members of the public, to look at ways to improve knowledge of and access to the right to petition to turn it into a democratic instrument truly useful to the citizens;
Amendment 68 #
2020/2275(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Calls for the position of the Committee on Petitions to be strengthened within the European Parliament and in its inter-institutional relations, as it is the only committee that communicates directly with citizens; emphasises that more staff and resources need to be allocated to the Committee on Petitions, given the extent of its work;
Amendment 69 #
2020/2275(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Calls on the other committees to contribute in a timely manner to Parliament’s efforts to respond more rapidly and effectively to citizens’ concerns and to take into account, in ongoing legislative work, the issues raised by petitioners; calls on the other committees to give more prominence to petitionstake into account the petitions related to their areas of competence in Parliament’s day-to-day legislative activities, and to respond formally and specifically to the expectations raised by citizens’ petitions;
Amendment 76 #
2020/2275(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16a. Calls on the Conference on the Future of Europe to promote the right to petition as a useful tool at the service of citizens enabling them to be in direct contact with the European institutions and to transmit them their problems and needs;
Amendment 79 #
2020/2275(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Calls for the Petitions Web Portal to be improved to make it more user- friendly, easier and intuitive to navigate and accessible to all citizens, especially to persons with disabilities; calls for the possibility of co- signing the petitions submitted via the Petitions Web Portal to be streamlined and accelerated;
Amendment 82 #
2020/2275(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Calls for more information to be made public and available on the Petitions Web Portal, including, for example, the progress of the petition and inquiries launched with other institutions; in this regard, calls for more synergy between the portal and Parliament’s internal database to promote greater transparency in the treatment of petitions;
Amendment 83 #
2020/2275(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Points out the importance of the right of any EU citizen and any natural or legal person residing in the EU to complain to the European Ombudsman about instances of maladministration within the EU institutions; takes the view that citizens’ complaints to the Ombudsman represent an essential element of participatory democracy and of the legitimacy of the Union’s decision-making process; points out that the right to refer a matter to the Ombudsman increases citizens’ engagement with and trust in the EU institutions as it promotes transparency and good administration of the EU institutions and bodies;
Amendment 85 #
2020/2275(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Emphasises the development of the role of the Ombudsman, who can use own- initiative powers to help to tackle systemic problems in EU administration and make efforts to promote good administration, i.e. ensuring the institutions, bodies, offices and agencies of the Union meet the very highest standards; with that in mind, considers the role of the Ombudsman to be more important than ever in view of the fact that the administration of the EU, via its agencies, is taking on an increasingly important role in citizens’ lives when it comes to issues such as environment, migration and health;
Amendment 88 #
2020/2275(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Calls on the Ombudsman to look more closely at the manner in which EU funds and the EU budget are spent, and to check that the Union’s interests are not undermined by breaches of the rule of law or any sort of infringement of the EU principles and values, corruption or conflicts of interest, includingespecially in the context of Next Generation EU, the European recovery plan; emphasises that respect for the rule of law is an essential condition for access to EU funds; takes the view that this conditionality concerning respect for the rule of law and the fact that the European Union does not compromise on its values are factors that can strengthen citizens’ trust in the Union and show EU firm commitment with the democratic quality throughout the European territory;
Amendment 91 #
2020/2275(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Welcomes the recent changes made to the Statute of the European Ombudsman, which will further enhance the right of EU citizens and residents to complain about maladministration, in particular in the areas of whistle-blower protection, harassment and conflicts of interest; recalls the importance of keeping necessary resources and budget so the Ombudsman institution can continue to work competently at the service of European citizens;
Amendment 95 #
2020/2275(INI)
Motion for a resolution
Paragraph 24 a (new)
Paragraph 24 a (new)
24a. Invites the co-legislators to follow the recommendations of the Ombudsman in relation with Regulation 1049/2001 on public access to documents and foster their revision; recalls that this regulation is currently obsolete due to technological advances and access to documentation in recent decades; calls on the institutions to promote the revision of this Regulation in order to place the Union at the forefront of public access to documents and democratic transparency for citizens;
Amendment 100 #
2020/2275(INI)
Motion for a resolution
Paragraph 25 a (new)
Paragraph 25 a (new)
25a. Recalls that one of the ways to improve the perception of the EU by citizens is making it more understandable and transparent to them; considers the Council should continue working to improve its transparency and invites it to implement some of the recommendations issued repeatedly by the European Parliament and by the Ombudsman;
Amendment 103 #
2020/2275(INI)
Motion for a resolution
Paragraph 27 a (new)
Paragraph 27 a (new)
27a. Recalls that only a few successful European initiative have received adequate follow-up by the Commission;
Amendment 104 #
2020/2275(INI)
Motion for a resolution
Paragraph 27 b (new)
Paragraph 27 b (new)
27b. Emphasises that ECI is a fundamental tool that allows citizens to put on the European political agenda those issues or matters that concern them or in which they consider that the Union, within its field of competence, should legislate;
Amendment 115 #
2020/2275(INI)
Motion for a resolution
Paragraph 30
Paragraph 30
30. Calls on the Commission to study the necessary mechanisms to improve the ECI tool and implement them to make citizens’ participation more accessible, given the low number of ECIs that have ultimately been successful;
Amendment 124 #
2020/2275(INI)
Motion for a resolution
Paragraph 35
Paragraph 35
35. Emphasises the role of these three participatory instruments, which is to facilitate and encourage the engagement of citizens and residents of the EU; calls for the establishment and promotion of a large- scale, one-stop interinstitutional website to provide information on all the democratic instruments that enable the public to participate directly in and influence decision-making at EU level;
Amendment 127 #
2020/2275(INI)
Motion for a resolution
Paragraph 35 a (new)
Paragraph 35 a (new)
35a. Considers essential to analyse the communication problems between European institutions and citizens that cause citizen participation mechanisms to be underused by Europeans; calls for the necessary resources be put in place to disseminate information about the existence and functioning of this tools among the general public;
Amendment 130 #
2020/2275(INI)
Motion for a resolution
Paragraph 36
Paragraph 36
36. Calls for public awareness of these three participatory instruments to be raised to ensure that they become effective and useful tools for democratic participation; emphasises that all the European institutions should maximise their communication efforts to ensure that as many citizens as possible know about, and are encouraged to participate in, the instruments;
Amendment 142 #
2020/2275(INI)
Motion for a resolution
Paragraph 39 a (new)
Paragraph 39 a (new)
39a. Insists on the need to discuss the role and the dimension of the Committee on Petitions by the Parliament; points out that more consideration to citizen’s demands can be given only if a competent body makes the follow-up; highlights that currently the Committee on Petitions does not have the proper dimension and powers in order to satisfy citizen’s demand;
Amendment 145 #
2020/2275(INI)
Motion for a resolution
Paragraph 41
Paragraph 41
41. With a view to improving public participation, emphasises the need for citizens to have clear guidance to help them choose the most appropriate participatory tool to respond to their concerns; takes the view that there is a need to understand and overcome the obstacles people encounter when they are drawing up petitions to Parliament, complaints to the Ombudsman and initiatives for the Commission;
Amendment 146 #
2020/2275(INI)
42. Emphasises, furthermore, that where ECIs and petitions have an impact – especially involving mass media coverage or consideration by the Commission or Parliament – they should be examined to pinpoint successful strategies and best practices that could be used as learning in the future;
Amendment 149 #
2020/2275(INI)
Motion for a resolution
Paragraph 43 a (new)
Paragraph 43 a (new)
43a. Stresses that the debate on the future of the EU should result in improvement of the instruments for citizen participation that will make it possible to achieve a Union which is more democratic, transparent and open to its citizens;
Amendment 159 #
2020/2275(INI)
Motion for a resolution
Paragraph 30
Paragraph 30
30. Calls on the Commission to study the necessary mechanisms to improve the ECI tool and implement them to make citizens’ participation more accessible, given the low number of ECIs that have ultimately been successful;
Amendment 168 #
2020/2275(INI)
Motion for a resolution
Paragraph 35
Paragraph 35
35. Emphasises the role of these three participatory instruments, which is to facilitate and encourage the engagement of citizens and residents of the EU; calls for the establishment and promotion of a large- scale, one-stop interinstitutional website to provide information on all the democratic instruments that enable the public to participate directly in and influence decision-making at EU level;
Amendment 171 #
2020/2275(INI)
Motion for a resolution
Paragraph 35 a (new)
Paragraph 35 a (new)
35 a. Considers essential to analyse the communication problems between European institutions and citizens that cause citizen participation mechanisms to be underused by Europeans; calls for the necessary resources be put in place to disseminate information about the existence and functioning of this tools among the general public;
Amendment 174 #
2020/2275(INI)
Motion for a resolution
Paragraph 36
Paragraph 36
36. Calls for public awareness of these three participatory instruments to be raised to ensure that they become effective and useful tools for democratic participation; emphasises that all the European institutions should maximise their communication efforts to ensure that as many citizens as possible know about, and are encouraged to participate in, the instruments;
Amendment 186 #
2020/2275(INI)
Motion for a resolution
Paragraph 39 a (new)
Paragraph 39 a (new)
39 a. Insists on the need to discuss the role and the dimension of the Committee on Petitions by the Parliament; points out that more consideration to citizen’s demands can be given only if a competent body makes the follow-up; highlights that currently the Committee on Petitions does not have the proper dimension and powers in order to satisfy citizen’s demand;
Amendment 189 #
2020/2275(INI)
Motion for a resolution
Paragraph 41
Paragraph 41
41. With a view to improving public participation, emphasises the need for citizens to have clear guidance to help them choose the most appropriate participatory tool to respond to their concerns; takes the view that there is a need to understand and overcome the obstacles people encounter when they are drawing up petitions to Parliament, complaints to the Ombudsman and initiatives for the Commission;
Amendment 190 #
2020/2275(INI)
Motion for a resolution
Paragraph 42
Paragraph 42
42. Emphasises, furthermore, that where ECIs and petitions have an impact – especially involving mass media coverage or consideration by the Commission or Parliament – they should be examined to pinpoint successful strategies and best practices that could be used as learning in the future;
Amendment 193 #
2020/2275(INI)
Motion for a resolution
Paragraph 43 a (new)
Paragraph 43 a (new)
Amendment 101 #
2020/2262(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
Amendment 3 #
2020/2261(INI)
Motion for a resolution
Citation 17 a (new)
Citation 17 a (new)
— whereas in its Resolution of June 7th 2007 on the social status of artists, Parliament already explicitly called on Member States to develop or implement a legal and institutional framework for creative artistic activity through the adoption or application of a number of coherent and comprehensive measures in respect of contracts, social security, sickness insurance, direct and indirect taxation and compliance with European rules;
Amendment 4 #
2020/2261(INI)
Motion for a resolution
Citation 17 a (new)
Citation 17 a (new)
— having regard the study of March 2021 carried out by the European Parliament Policy Department for Structural and Cohesion Policies entitled “The Situation of Artist and Cultural Workers and the post-COVID-19 Cultural Recovery in the European Union”, PE 652.250;
Amendment 5 #
2020/2261(INI)
Motion for a resolution
Citation 17 b (new)
Citation 17 b (new)
— having regard the briefing of May 2021 carried out by the European Parliament Policy Department for Structural and Cohesion Policies entitled “The Situation of Artists and Cultural Workers and the post-COVID-19 Cultural Recovery in the European Union : Policy Recommendations”, PE 652.252;
Amendment 7 #
2020/2261(INI)
Motion for a resolution
Recital A
Recital A
A. whereas in its resolution of September 2020 on the cultural recovery of Europe, Parliament underlined again the need to improve the working conditions of cultural and creative workers and urged the Commission to establish a European framework for working conditions in the cultural and creative sectors and industries (CCSI);
Amendment 16 #
2020/2261(INI)
Motion for a resolution
Recital B
Recital B
B. whereas the CCSI mainly comprise of micro, small and medium-sized organisations and enterprises (SMEs), and self-employed and freelance professionals and entrepreneurs, who often draw on irregular and mixed incomes from different sources;
Amendment 19 #
2020/2261(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
B a. whereas self-employment is higher (33%) in the cultural and creative sector sector than in employment for the total economy (14%) and cultural and artistic workers are more likely to work part-time which leads to challenges in accessing support measures, safety nets and reduces their overall resilience;
Amendment 21 #
2020/2261(INI)
Motion for a resolution
Recital B b (new)
Recital B b (new)
B b. whereas in some Member States certain cultural and creative professionals do not enjoy any legal status at all;
Amendment 22 #
2020/2261(INI)
Motion for a resolution
Recital B c (new)
Recital B c (new)
B c. whereas the overall situation in the artistic and cultural work is characterized by intermittence, heterogeneity and instability and it is often not fairly paid or sufficiently protected;
Amendment 24 #
2020/2261(INI)
Motion for a resolution
Recital C
Recital C
C. whereas the containment measures taken by the Member States affected the CCSI more than any other sector; whereas the CCSI experienced losses in turnover of over 30 % for 2020 – a cumulative loss of EUR 199 billion – with the music and performing arts sectors experiin response to the COVID-19 pandemic across the Union have severely undermined the fragile cultural and creative ecosystem, thus endangering the cultural and artistic creation and expression and weakencing losses of 75 % and 90 % respectively8 ; _________________ 8Ernst & Young, Rebuilding Europe: The cultural and creative economy before and after the COVID-19 crisis, January 2021.the invaluable contribution of arts and culture on our wellbeing, cultural diversity, social cohesion, democracy and more;
Amendment 26 #
2020/2261(INI)
Motion for a resolution
Recital D
Recital D
D. whereas culture is an ecosystem that not only generates high economic value (representing 4.4 % of EU GDP in terms of total turnover and employing around 7.6 million people), but also has a substantial social impact, contributing to democratic, sustainable, free and inclusive societies and reflecting and strengthening our European diversity, values, history, freedoms and way of lifeonly through a strong European framework for working conditions in the CCSI can we uphold the rights and values enshrined in Article 17 TFEU and Articles 11, 13, 15, 22, 23, 27, 28, 31 and 34 od the Charter of Fundamental Rights of the European Union;
Amendment 31 #
2020/2261(INI)
Motion for a resolution
Recital E
Recital E
E. whereas the development of the European framework for working conditions in the CCSI will require coordination with EU policies on employment, competition, the internal market, social policy, fundamental rights and equality, and copyright, and funding for culture, as well as permanent monitoring of the progress of Member States on improving working conditions in the CCSI and sharing best practices among them;
Amendment 37 #
2020/2261(INI)
Motion for a resolution
Recital F
Recital F
F. whereas since Parliament’s call for improvements to the situation of artists in its resolution of June 2007, no progress has been made and, moreover, the situation has deteriorated and thus most of its demands remain validhave become urgent;
Amendment 49 #
2020/2261(INI)
Motion for a resolution
Recital H
Recital H
H. whereas the ongoing impact of the pandemic has made it impossible for cultural and creative workers to carry out their jobs and generated uncertainty over future prospects that couldare already causeing professionals to leave the sector, which will have a long-lasting effect on the composition and diversity of the European CCSI as a whole and discourage young people and professionals from vulnerable backgrounds from working in these industriesectors;
Amendment 51 #
2020/2261(INI)
Motion for a resolution
Recital H a (new)
Recital H a (new)
H a. Whereas the gendered impact of the COVID-19 pandemic in the workforce has exacerbated the already existing obstacles in terms of access, equal payment, representation and visibility in the CCSI of women, LGBTIQ+, young people, ethnic and geographic minorities, people with vulnerable socio-economic background, and people with disabilities;
Amendment 52 #
2020/2261(INI)
Motion for a resolution
Recital I
Recital I
I. whereas themany Member States enacted substantial emergency measures to help the CCSI to survive the crisis; whereas, however, this support was not available to somevaried greatly among Member States and was not always suitable for all CCSIs, whereas the support was not available to several categories of cultural workers and artists on account of their particular working status and as such was not sufficient to ensure sustainable working conditions and it increased the gaps between the situation of artists and cultural professionals; whereas collective management organisations have proven a crucial role providing first emergency funds and solidarity schemes from the very start of the pandemic;
Amendment 58 #
2020/2261(INI)
Motion for a resolution
Recital I a (new)
Recital I a (new)
I a. whereas cross-border mobility remains an essential component of artists and cultural workers' careers, however, most of the current funding instruments supporting mobility do not sufficiently stimulate environmentally and socially sustainable mobility and hinder work-life balance of artists and cultural professionals;
Amendment 64 #
2020/2261(INI)
Motion for a resolution
Recital K
Recital K
K. whereas several Member States have specific legislation in place providing a special status for artists to guarantee them access to social benefits; whereas, however, this legislation varies considerably between the Member States, which can hinder the mutual recognition of the status of artists and cross-border collaboration and mobility thereby creating barriers to cultural and artistic creation, expression and free movement;
Amendment 66 #
2020/2261(INI)
Motion for a resolution
Recital K a (new)
Recital K a (new)
K a. whereas funding support for CCSI varies greatly between Member States, in terms of budgets' size, guiding priorities and values, which contributes to further divergence on the sustainability of careers of cultural workers accros countries and hinders inclusivity, sustainability and balance of cross-border collaboration and mobility;
Amendment 70 #
2020/2261(INI)
Motion for a resolution
Recital L
Recital L
L. whereas artists tend to have atypical work patterns and often lack proper social security protection, notably in cross-border contexts, which often leads to their exclusionand cultural workers tend to engage in atypical work patterns due to the nature of the sector itself and are often subjected to insecure working arrangements impeding their access to full social security protection and excluding them from pension and unemployment payments;
Amendment 76 #
2020/2261(INI)
Motion for a resolution
Recital M
Recital M
M. whereas artists’ remuneration is often unstable and uncertain, it comes from different sources such as contracts, royalties, grants and subsidies, which renders their income highly unpredictable, leaves them in precarious situations and weakens their resilience;
Amendment 78 #
2020/2261(INI)
Motion for a resolution
Recital M a (new)
Recital M a (new)
M a. whereas artists and cultural professionals from minority groups (women, young people, representatives of ethnic and geographic minorities, people with vulnerable socio-economic background, people with disabilities, representatives of LGBTIQ+) have lesser access to artistic and cultural careers, fewer possibilities to develop long-term careers in the sector and are hit the hardest by the consequences of the pandemic;
Amendment 80 #
2020/2261(INI)
Motion for a resolution
Recital M a (new)
Recital M a (new)
M a. Whereas authors, performers and all cultural creators should have access to guaranteed minimum standards of social security, including employment and health insurance and pension funds, so that they can concentrate fully on their artistic process and creativity
Amendment 81 #
2020/2261(INI)
Motion for a resolution
Recital M a (new)
Recital M a (new)
M a. Whereas the practice of imposing buy-out clauses by dominant or large streaming platforms depriving authors of their royalties, exacerbates the risk in ensuring adequate and proportionate remuneration for creators.
Amendment 82 #
2020/2261(INI)
Motion for a resolution
Recital N
Recital N
N. whereas the lack ofobstacles to collective bargaining for self-employed artists further serves to undermine their position on the labour market and leads to a lack of adequate social protections and a long- term negative effect on their position and security; whereas collective management of authors rights is an important element for the remuneration of creators ensuring their continuous remuneration and they should protect creators from unfair practices of large and dominant media and streaming platform companies;
Amendment 86 #
2020/2261(INI)
Motion for a resolution
Recital O
Recital O
O. whereas cross-border mobility is an essential part of an artist’s work but is often hampered by bureaucratic procedures, a lack of clear information and myriad administrative rules and requirements across the Member States, notably as regards to social protection and taxation, whereas these barriers to cross- border cultural mobility undermine the principle of free movement and jeopardise the proper functioning of Schengen;
Amendment 89 #
2020/2261(INI)
Motion for a resolution
Recital P
Recital P
P. whereas public grants are considered the most vital and effective form of financial support for the CCSI, but are often insufficient, difficult to access for those who need them most or inaccessible to some categories of artists and cultural workers due to the nature of the criteria in accessing it;
Amendment 97 #
2020/2261(INI)
Motion for a resolution
Recital Q
Recital Q
Q. whereas the COVID-19 pandemic has highlighted artists’ dependence on public and private short-term financial support and mid-term project based support and this has displayed the overall structural difficulties in the sector;
Amendment 104 #
2020/2261(INI)
Motion for a resolution
Recital R
Recital R
R. whereas access to finance remains the maina challenge for individual artists and micro- organisations, who are often ineligible for loans and bank guarantees and are highly dependentthus increasing the importance of access and availability onf public and private grants and subsidies available to all;
Amendment 105 #
2020/2261(INI)
Motion for a resolution
Recital S
Recital S
S. whereas many of the private investors and public funders have scaled back their financial support for cultural projects during the crisis, especially those with cross- border dimension during the crisis which has once again demonstrated the importance of wide public sector support and the need for public investment in the sector in order to diminish gaps and disparities, as well as the importance of increasing direct European support to counterbalance this fall in funding;
Amendment 108 #
2020/2261(INI)
Motion for a resolution
Recital S a (new)
Recital S a (new)
S a. whereas the sector is still facing gender gaps and disparities as women are under-represented in key creative roles and face additional challenges such as lack of access, gender pay gap, obstacles to representation and visibility; whereas these challenges also affect certain ethnic groups ad people with vulnerable socio- economic background and people with disabilities, whereas these groups are hit the hardest by the consequences of the pandemic; whereas women, ethnic minorities and LGBTIQ+ artists are more often targets of attacks and are more vulnerable to restrictions;
Amendment 112 #
2020/2261(INI)
Motion for a resolution
Recital S b (new)
Recital S b (new)
S b. Whereas culture, arts, cultural heritage, and cultural diversity are of great value to European society from a cultural, educational, democratic, environmental, social, human rights and economic point of view and should be promoted and supported. Whereas Education and culture are key to building inclusive and cohesive societies for all, fostering integration, and sustaining European competitiveness;
Amendment 122 #
2020/2261(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Urges the Commission and the Member States to recognise the fundamental role of culture for society, the well-being of EU citizensintrinsic value of culture, as well as the fundamental role of culture for society, its progress and development, our well-being and the economy, and to translate this recognition into continuous financial and structural support;
Amendment 131 #
2020/2261(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. Calls on the Commission to urgently publish guidelines to facilitate the safe re-opening of cultural venues and organisation of cultural activities;
Amendment 136 #
2020/2261(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Calls on the Member States and the Commission to recognise the European added value of cross-border cooperation and to eliminate barriers to sustainable, balanced and inclusive cross-border mobility in the EU;
Amendment 139 #
2020/2261(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Calls on the Commission and the Member States to enhance and strengthen its commitment and activities to build opportunities for artists and cultural workers, provide workers in the CCSI with clear information and guidelines on mobility opportunities and revise administrative requirements in all Member States, including on visas, taxation, social security and access to training, with a view on simplifying and unifying access to all aforementioned;
Amendment 146 #
2020/2261(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Welcomes the establishment of mobility information points to provide assistance to artists and recommends thatcalls on all Member States to establish one;
Amendment 151 #
2020/2261(INI)
Motion for a resolution
Paragraph 4 d (new)
Paragraph 4 d (new)
4 d. Encourages greater synergy between the cultural and educational sector and promotes greater participation of artistic and cultural schools and institutions in activities under Erasmus+, and in other actions under EU programmes, both for students and teachers;
Amendment 153 #
2020/2261(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Calls on the Member States to transpose Directive (EU) 2019/790 on copyright in the digital single market with a strong focus on protection of cultural and creative works and those creating them, and, in particular, to guarantee fair and proportionate remuneration for authors and performers; calls on the Commission to closely monitor effective implementation of these key principles; Notes that the Directive (EU) 2019/790 has the potential to bring a fair balance between creators and content sharing platforms in the digital market by providing new liability rules on platforms, and the obligation for all intermediaries and contractual partners to ensure fair and proportionate remuneration;
Amendment 161 #
2020/2261(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. Calls on the Commission to promote collective rights management in the implementation of the recently adopted directives on copyright, as well as in its forthcoming initiatives to ensure fair remuneration of creators and wide access to cultural and creative works for the public;
Amendment 164 #
2020/2261(INI)
Motion for a resolution
Paragraph 5 b (new)
Paragraph 5 b (new)
5 b. Invites the Commission to evaluate the impact of music streaming platforms in Europe, in order to ensure transparency on their recommendation algorithms, as they determine to a great extent what content their consumers listen to and see on the services’ playlists and user interfaces, and to consider the introduction of positive obligations to promote cultural diversity and discoverability of European works in their services;
Amendment 167 #
2020/2261(INI)
Motion for a resolution
Paragraph 5 c (new)
Paragraph 5 c (new)
Amendment 171 #
2020/2261(INI)
Motion for a resolution
Paragraph 5 d (new)
Paragraph 5 d (new)
5 d. Recognises the crucial role of culture and arts in promoting cultural diversity and fostering inclusive societies and the fight against any kind of discrimination;
Amendment 172 #
2020/2261(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Welcomes the Commission’s inception impact assessment and ongoingrecent public consultation on collective bargaining agreements, which is designed to deffor self-employed, which is examining the possibility of removineg the scompe of application of EU competition rules in order to remove obstactition law obstacle to collective bargaining for self-employed, urges in this regard that the Commission take the broadest possibles and improve working conditions throughpproach, in order to ensure access to collective bargaining on behalf offor all solo -self-employed workers in the CCSI;, including artists and cultural workers; encourages national governments and social partners to ensure their full representation in collective bargaining to improve their working conditions and ensure their fair and proportionate remuneration,
Amendment 181 #
2020/2261(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. UnderlinReiterates the urgent need to improve the working conditions in the CCSI; encourages the Member States to utilise upward convergence to and calls on the Commission to propose a European Status of the Artists establishing minimum standards for artists and cultural workers in relation to working conditions and social security, unemployment, social protection and pension schemes; Welcomes, in this regard, the forthcoming OMC discussions between the Member States on the status of artists as a first step in this direction;
Amendment 186 #
2020/2261(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
Amendment 196 #
2020/2261(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9 a. Calls on Member States and the Commission to support vocational training programmes and initiatives for the career development of all authors, performers and cultural creators, and in particular to support them in acquiring digital, entrepreneurial and other skills in order benefit from digital opportunities to promote their work and collaborate with other artists;
Amendment 202 #
2020/2261(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Urges the Member States to fulfil their obligation to defend and respect artistic freedom in order to uphold the fundamental right to freedom of expression and sanction those continuously oppressing it, and ensure that EU citizens can freely enjoy and consume artistic creations;
Amendment 213 #
2020/2261(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Calls on the Member States to reconsiderensure access to basiccomprehensive social protection for artists, regardless of their employment status, gender, ethnic background or social status;
Amendment 214 #
2020/2261(INI)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
Amendment 224 #
2020/2261(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Calls on the Member States to increase their support to the CCSI through strengthening the public investment and encourageing and promoteing private investment in the CCSI;
Amendment 227 #
2020/2261(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12 a. Calls on the Commission and the Member States to provide sufficient financial support and to eliminate administrative barriers to innovation in the cultural and creative sectors with a view to contributing to the sectors’ sustainability and resilience.
Amendment 228 #
2020/2261(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12 a. Calls on the Member States to diversify the sources of support to CCSI and ensure no financial cuts and diminishing of existing funds will be implemented as the sector is still struggling with the aftermath of the last cuts;
Amendment 236 #
2020/2261(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Reiterates its call on the Commission and the Member States to include culture in the national recovery and resilience plans and to earmark at least 2 % of the budget envelope of the Recovery and Resilience Facility to culture; Is concerned by indications that submitted Plans appear to earmark a lower %; Calls on the Commission to publish data on amounts and purpose of funds earmarked in the Plans to ensure transparency and facilitate democratic oversight;
Amendment 247 #
2020/2261(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Calls on the Commission and the Member States to support the short-term recovery of the CCSI and to reinforce these sectors by providing fair and structured support to all CCSIs, as well as bolster the resilience and competitiveness of these industriesectors in the long term in order to tackle any major crises as effectively as possible in the future;
Amendment 253 #
2020/2261(INI)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
Amendment 260 #
2020/2261(INI)
Motion for a resolution
Paragraph 15 b (new)
Paragraph 15 b (new)
15 b. Welcomes that during the crisis many cultural ecosystems of workers and organisations adapted to new digital distribution formats showing innovative ways of reaching their audience, nevertheless, digital engagement should not replace cultural experiences in person;
Amendment 2 #
2020/2243(INI)
Motion for a resolution
Citation 4
Citation 4
— having regard to the United Nations 2030 Agenda for Sustainable Development, and specifically to its target 4,
Amendment 5 #
2020/2243(INI)
Motion for a resolution
Citation 8 a (new)
Citation 8 a (new)
— having regard to the Commission communication of 17 January 2018 entitled ‘Building a stronger Europe: the role of youth, education and culture policies’,
Amendment 6 #
2020/2243(INI)
Motion for a resolution
Citation 8 b (new)
Citation 8 b (new)
Amendment 7 #
2020/2243(INI)
Motion for a resolution
Citation 8 c (new)
Citation 8 c (new)
— having regard to the Commission proposal of 17 January 2018 for a Council Recommendation on Promoting common values, inclusive education, and the European dimension of teaching (COM(2018)0023),
Amendment 8 #
2020/2243(INI)
Motion for a resolution
Citation 8 d (new)
Citation 8 d (new)
— having regard to the Commission proposal of 17 January 2018 for a Council Recommendation on Key Competences for Lifelong Learning (COM(2018)0024),
Amendment 10 #
2020/2243(INI)
Motion for a resolution
Citation 8 f (new)
Citation 8 f (new)
— having regard to Council Recommendation of 22 May 2018 on Key Competences for Lifelong Learning (2018/C 189/01),
Amendment 11 #
2020/2243(INI)
Motion for a resolution
Citation 8 g (new)
Citation 8 g (new)
Amendment 12 #
2020/2243(INI)
Motion for a resolution
Citation 8 h (new)
Citation 8 h (new)
— having regard to the Commission proposal of 22 May 2018 for a Council Recommendation on High Quality Early Childhood Education and Care Systems (COM(2018)0271),
Amendment 13 #
2020/2243(INI)
Motion for a resolution
Citation 8 i (new)
Citation 8 i (new)
— having regard to the Commission proposal of 22 May 2018 for a Council Recommendation on a comprehensive approach to the teaching and learning of languages (COM(2018)0272),
Amendment 14 #
2020/2243(INI)
Motion for a resolution
Citation 8 j (new)
Citation 8 j (new)
— having regard to Council Recommendation of 26 November 2018 on promoting automatic mutual recognition of higher education and upper secondary education diplomas and the outcomes of learning periods abroad (2018/C 444/01),
Amendment 15 #
2020/2243(INI)
Motion for a resolution
Citation 8 k (new)
Citation 8 k (new)
— having regard to Council Recommendation of 22 May 2019 on High Quality Early Childhood Education and Care Systems (2019/C 189/02),
Amendment 16 #
2020/2243(INI)
Motion for a resolution
Citation 8 l (new)
Citation 8 l (new)
— having regard to Council Recommendation of 22 May 2019 on a comprehensive approach to the teaching and learning of languages (2019/C 189/03),
Amendment 17 #
2020/2243(INI)
Motion for a resolution
Citation 8 m (new)
Citation 8 m (new)
— having regard to the Council Conclusion of 17 May 2021 on equity and inclusion in education and training in order to promote educational success for all (8693/21),
Amendment 18 #
2020/2243(INI)
Motion for a resolution
Citation 8 n (new)
Citation 8 n (new)
— having regard to the Council Conclusions of 17 May 2021 on the European Universities initiative – Bridging higher education, research, innovation and society: Paving the way for a new dimension in European higher education (8658/21),
Amendment 19 #
2020/2243(INI)
Motion for a resolution
Citation 9 a (new)
Citation 9 a (new)
— having regard to the first Principal of the European Pillar of Social Rights,
Amendment 24 #
2020/2243(INI)
Motion for a resolution
Citation 11 a (new)
Citation 11 a (new)
— having regard to the 2020 study ‘Towards a European Education – Critical perspectives on challenges ahead’,
Amendment 29 #
2020/2243(INI)
Motion for a resolution
Recital A
Recital A
A. whereas the EU single market and other EU policies have contributed to the natural development of a European educational space, historically underpinned by the traditions of European humanismeducation is a fundamental right and everyone has to have access to vocational and continuous training; and everyone has the right to quality, accessible, affordable and inclusive education, training and lifelong learning in view of their integral personal development;
Amendment 32 #
2020/2243(INI)
Motion for a resolution
Recital A a (new)
Recital A a (new)
A a. whereas a European educational space, historically underpinned by the traditions of European humanism has developed in a fragmented manner over time;
Amendment 36 #
2020/2243(INI)
Motion for a resolution
Recital B
Recital B
B. whereas the ultimate goal is buildingof this initiative is to establish a bottom-up European Education Area with common European policy objectives, requiring existing obstacles to be removed, European tools to be utilised and supporting policies at national and European levels to be developed;
Amendment 37 #
2020/2243(INI)
Motion for a resolution
Recital C
Recital C
C. whereas education needs to be conceptualised broadly as ‘lifelong learning’, ranging from pre-primary to tertiary education, including non-formal and informal modes, and being aimed at acquiring transversal skills in order to maintain and acquire skills that enable them to develop to their fullest potential personally and professionally, to participate fully in society and successfully manage the transition into the labour market;
Amendment 45 #
2020/2243(INI)
Motion for a resolution
Recital E
Recital E
E. whereas the realities of educational infrastructure, expertise and resources vary within and across Member States and between different levels and types of education, and whereas those differences have become further pronounced during the COVID-19 pandemic;
Amendment 52 #
2020/2243(INI)
Motion for a resolution
Recital F
Recital F
F. whereas Parliament has called on Member States to prioritise investments in education and training, valuing education spending as an investment in our common future, in order to have a more sustainable, digital and socially cohesive society;
Amendment 55 #
2020/2243(INI)
Motion for a resolution
Recital G
Recital G
G. whereas progress has been made in building a European Higher Education Area, arising from the long-term efforts of the Bologna Process, and using it as a reference to learn from the mistakes made in its implementation;
Amendment 58 #
2020/2243(INI)
Motion for a resolution
Recital H
Recital H
H. whereas Member States have not fullyfailed to achieved the objectives and benchmarks of the Education and Training 2020 (ET 2020) framework, in particular the aims of enhancing equitable and quality education, reducing the rate of early leavers from education and training, and bringing the share of 15-year-olds who are under-skilled in reading, mathematics and science below 15 %;
Amendment 62 #
2020/2243(INI)
Motion for a resolution
Recital H a (new)
Recital H a (new)
H a. whereas Member States have not fully achieved the requirement of the 2021 Council Recommendation on the Validation of Non-formal and Informal Learning;
Amendment 64 #
Amendment 65 #
2020/2243(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Emphasises the importance of quality, accessible, affordable and inclusive education and that the European Education Area (EEA) initiative should provide more and better opportunities for every single European citizen to study, train and work abroad, and cultivate an environment where skills and diplomas are recognised and valued throughout Europe; welcomes the Council Conclusions on equity and inclusion in education and training in order to promote educational success for all and urges Member States to implement the recommendations included therein;
Amendment 74 #
2020/2243(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Considers education a driver for European economic and social prosperity, and for ensuring that the EU is a globally competitive player ands key to achieve personal and social advancement, well-being, to foster European citizenship and a sense of common belonging. Education is also a driver for sustainable and technological progress and for ensuring that the EU is leading the green and digital transitions;
Amendment 80 #
2020/2243(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. Underlines the need to further strengthen European cooperation on education to develop common approaches and answers to common challenges;
Amendment 81 #
2020/2243(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Calls for the numerous opportunities for ‘European added value’ afforded through education to be seized, especially through mobility and the sharing of best practices, with the Erasmus+ and the European Solidarity Corps programmes playing a particularly important role, continuing the increase in its budget and number of participants; emphasizes, in this respect, the importance of increasing opportunities for young people in informal and non-formal learning as well as in vocational education and training;
Amendment 85 #
2020/2243(INI)
Motion for a resolution
Subheading 2
Subheading 2
Bridging institutional and stakeholder approaches
Amendment 87 #
2020/2243(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Takes note of the variety of visions of, and approaches to, an EEA, which express a common wish to provide a new impetus for the ‘European project’, taking education as the cornerstone for its achievement;
Amendment 95 #
2020/2243(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Cautions thatWelcomes the Commission’s proposals are still mainlys a strategic outline rather than a concrete policy roadmap, and thus suggests setting clear priorities and realistic deadlines for the actions that should be adopted, including clearly defined interim deliverablesfor a comprehensive policy roadmap, calls on the Member States to set clear priorities and realistic deadlines for implementing the different building blocks to achieve a true European Education Area by 2025 without any further delay;
Amendment 97 #
2020/2243(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Welcomes the Council’s response to the Commission’s proposals, in particular its focus on the importance of vocational education and training (VET) and lifelong learning opportunities; underlines, in this respect, the importance of creating different flexible and modular pathways to learning to enable learners to combine and build on different learning experiences and opportunities;
Amendment 103 #
2020/2243(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9 a. Considers the importance of fostering a whole-school approach to the European Education Area; calls therefore on the Commission to cooperate closely with all relevant actors to find innovative ways to place the learner at the centre of the learning process with a view to developing education systems and programmes which foster the transversal, social and sustainable skills needed to face future challenges; invites the Commission to consult student associations, pedagogical support experts, care givers to learners with special needs and other relevant stakeholders in developing the European Universities and the Centres of Vocational Excellence;
Amendment 114 #
2020/2243(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Highlights inclusivenesson as a central dimension of an EEA and a prerequisite for achieving quality education for all, ensuring that no talent is left behindlearner is left behind, irrespectively of geographical, financial, structural, socio-economic, or physical barriers, of neuro-typical or cognitive differences, ethnic background, or legal status;
Amendment 122 #
2020/2243(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Supports the use of quantitative indicators and benchmarks, especially by means of the European Semester process, to allow the continuous comparison and monitoring of Member States’ progress towards common objectives and to incentivise further policy actions, while at the same time reiterating the need for supplementary qualitative indicators and benchmarks;
Amendment 125 #
2020/2243(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13 a. Calls on the Commission and Member States to set and achieve ambitious and realistic targets, without reducing those previously envisaged;
Amendment 126 #
2020/2243(INI)
Motion for a resolution
Paragraph 13 b (new)
Paragraph 13 b (new)
13 b. Calls for achieving the objective that all young Europeans completing upper secondary education have a sufficient knowledge of two languages in addition to their mother tongue;
Amendment 127 #
2020/2243(INI)
Motion for a resolution
Paragraph 13 c (new)
Paragraph 13 c (new)
13 c. Calls for the Council's benchmarks for the proportion of low achievers and early school leavers to be made more ambitious by 2025, reducing the first benchmark from the current 15% to 10% and the second from the current 10% to 5%;
Amendment 128 #
2020/2243(INI)
Motion for a resolution
Paragraph 13 d (new)
Paragraph 13 d (new)
13 d. Calls on Member States to invest at least 10% of their gross domestic product in education in order to enable the implementation and achievement of a new European Education Area and to invest in the future of their people;
Amendment 129 #
2020/2243(INI)
Motion for a resolution
Paragraph 13 e (new)
Paragraph 13 e (new)
13 e. Calls on the Commission and Member States to monitor the achievement of the target set by the European Skills Agenda to achieve 50% of the adult population participating in learning activities by 2025;
Amendment 132 #
2020/2243(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Calls for synergies between the EEA, the European Research Area and the European Higher Education Area to be created and exploited and for a further strengthening of the Erasmus+, Horizon Europe, European Solidarity Corps, Digital Europe, and Citizens, Equality, Rights and Values programmes for the benefit of all teachers and learners;
Amendment 161 #
2020/2243(INI)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18 a. Calls on the Commission to develop tools to allow Member States to implement the Council's recommendation on a comprehensive approach to the teaching and learning of languages, and to monitor progress made in this area since the adoption of this recommendation; in this respect, calls on the Member States to collect comparable data on language learning;
Amendment 166 #
2020/2243(INI)
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
19 a. Calls on the Commission to establish a European Online University platform consisting of an online hub with content about the available online programmes in the European Universities, digital resources for higher education, available scholarships and EU funds for education and an online community of educators and learners sharing experiences and best practices on digital and online education at university level;
Amendment 168 #
2020/2243(INI)
Motion for a resolution
Paragraph 19 b (new)
Paragraph 19 b (new)
Amendment 169 #
2020/2243(INI)
Motion for a resolution
Paragraph 19 c (new)
Paragraph 19 c (new)
19 c. Underlines the importance of Member States and European Union being able to guarantee, especially in early childhood, even in a COVID-19 context, that students have access to in- person learning, since it is this type of teaching that ensures the acquisition of the skills that will allow them to progress throughout their lives: personal relationships, study skills, empathy, cooperation, etc;
Amendment 170 #
2020/2243(INI)
Motion for a resolution
Paragraph 19 d (new)
Paragraph 19 d (new)
19 d. Calls Member States to professionalise early childhood education and care staff in order to properly recognise and value their work, which is indispensable for the education of children;
Amendment 174 #
2020/2243(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Calls on the Commission and Member States to facilitate the expansion ofintegrate automatic mutual recognition of learning outcomes and study periods abroad, including in VET and HVET in their educational systems;
Amendment 178 #
2020/2243(INI)
Motion for a resolution
Paragraph 20 a (new)
Paragraph 20 a (new)
20 a. Reiterates the importance of the recognition of vocational education and training and calls on the Member States which have not yet done so to implement correctly and fully the Council Recommendation and the European Skills Agenda on the Member States;
Amendment 179 #
2020/2243(INI)
Motion for a resolution
Paragraph 20 b (new)
Paragraph 20 b (new)
20 b. Underlines that early school leavers still represent around 10% of young people in the EU and only 83% have completed upper secondary education; calls on the Commission to set more ambitious targets for early school leavers, and to consider measures to improve support in this field;
Amendment 181 #
2020/2243(INI)
Motion for a resolution
Paragraph 20 c (new)
Paragraph 20 c (new)
20 c. Asks for recognition of non-formal and informal learning and for equipping young people with soft and life skills, such as 'learning to learn' competences, because of the importance of these skills for personal development: personal relationships, study skills, empathy, cooperation, etc;
Amendment 182 #
2020/2243(INI)
Motion for a resolution
Paragraph 20 d (new)
Paragraph 20 d (new)
20 d. Calls on Member States to include and promote educational content to support the ecological transition and raise pupils' awareness of the Green Deal; calls on the Council to include detailed content and detailed implementation guides in its forthcoming Recommendation on education for environmental sustainability foreseen for 2021;
Amendment 183 #
2020/2243(INI)
Motion for a resolution
Paragraph 20 e (new)
Paragraph 20 e (new)
20 e. Calls on the Member States to include culture and arts in education curricula, establishing synergies with Creative Europe;
Amendment 184 #
2020/2243(INI)
Motion for a resolution
Paragraph 20 f (new)
Paragraph 20 f (new)
Amendment 185 #
2020/2243(INI)
Motion for a resolution
Paragraph 20 g (new)
Paragraph 20 g (new)
20 g. Calls on the Commission to support Member States in fighting gender stereotypes and discrimination, in improving gender diversity, cultural diversity and ethnic diversity, and in eliminating all forms of harassment, discrimination and violent misconducts; highlights, in this respect, the need to change mind sets and to reduce cultural tolerance of sexism and sexual harassment through introducing educational programmes and materials, including textbooks and debates on this topic in schools;
Amendment 186 #
2020/2243(INI)
Motion for a resolution
Paragraph 20 h (new)
Paragraph 20 h (new)
20 h. Calls on the Commission to support Member States in fighting bullying and cyber-bullying, through the creation of good practices at EU level and the development of guidelines to effectively tackle bullying; stresses the need to raise public awareness of the potential risks online and calls for an appropriate role for basic cyber safety in school curricula;
Amendment 187 #
2020/2243(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Calls on the Commission and the Member States to establish a concrete European Education Area Strategic Framework 2030 (EEASF 2030) by the end ofmid 2022 with a comprehensive steering, monitoring and evaluation mechanism, in line with the first Principle of the European Pillar of Social Rights and the UN Sustainable Development Goal 4 to ‘ensure inclusive and equitable quality education and promote lifelong learning opportunities for all’;
Amendment 201 #
2020/2243(INI)
Motion for a resolution
Paragraph 24 a (new)
Paragraph 24 a (new)
24 a. Believes that this initiative on a new European Education Area is a good opportunity to review the competences of the European Union in training and education; calls for the possibility of a revision of the European Union treaties to review these competences, in order to have a global vision and to grant greater support to achieve quality education throughout the European territory;
Amendment 213 #
2020/2243(INI)
Motion for a resolution
Paragraph 26 a (new)
Paragraph 26 a (new)
26 a. Welcomes the Council’s recognition of citizenship education’s key role in fostering democratic attitudes; stresses the need to familiarise learners with the European integration process, the institutions and policies of the EU, the rights emerging from EU citizenship and how to actively participate in the EU’s democratic processes; calls on the Commission to develop an indicative common curriculum on EU citizenship in order to foster a better understanding, among others, of the functioning of the EU, of the existing EU participatory mechanisms, of the histories and cultures of Member States, their European rights and obligations, as well as objective and critical thinking on the benefits of the European Union; considers that more investment is needed in training and capacity building programmes for educators on citizenship education;
Amendment 214 #
2020/2243(INI)
Motion for a resolution
Paragraph 26 b (new)
Paragraph 26 b (new)
26 b. Asks the Commission to explore the establishment of a European Agency for Citizenship education in charge of improving access to and the quality of citizenship education in all EU member states and support the development of a European dimension of citizenship education, for all age groups, ethnic and socioeconomic backgrounds;
Amendment 215 #
2020/2243(INI)
Motion for a resolution
Paragraph 27
Paragraph 27
27. Stresses the need to familiarise learners with the European integration process, the institutions and policies of the EU, the rights emerging from EU citizenship and how to actively participate in the EU’s democratic processesCalls on the Commission to develop a comprehensive European strategy on citizenship education in view of the risk posed to our democracies by national populism, online disinformation and the polarising social tensions in Europe and abroad; believes that such a strategy should notably focus on shared EU democratic values and principles; believes that this strategy should enhance citizens’ understanding of the EU decision-making process and of EU policies and should raise awareness of the benefits, rights and obligations of EU citizenship;
Amendment 8 #
2020/2217(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. Welcomes the Commission’s planned mid-term review of the Digital Education Action Plan; remains convinced that the Plan needs a clearer governance and coordination structure, involving the European Parliament, to monitor developments and performance on an ongoing basis; urges the Commission to better integrate digital education into the European Semester exercise;
Amendment 11 #
2020/2217(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Notes that the EU approach to digitalisation should be human-centred, value-oriented and based on the concept of the social market economy; underlines that choosing a third patits own approach to digitalisation should not mean that the EU becomes protectionist; stresses, therefore, that every non-EU player should still be welcome to operate in the single European data space as long as they meet the EU’s ethical, technological, privacy and security standards, security and particularly ethical standards, such as those on transparency, accountability, traceability, non-discrimination, sustainability, social responsibility and good governance;
Amendment 11 #
2020/2217(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Notes that the EU approach to digitalisation should be human-centred, value-oriented and based on the concept of the social market economy; underlines that choosing a third patits own approach to digitalisation should not mean that the EU becomes protectionist; stresses, therefore, that every non-EU player should still be welcome to operate in the single European data space as long as they meet the EU’s ethical, technological, privacy and security standards, security and particularly ethical standards, such as those on transparency, accountability, traceability, non-discrimination, sustainability, social responsibility and good governance;
Amendment 14 #
2020/2217(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Stresses that the EU should include among its prioritises digital literacy and competencies in its cohesion policy for 2021 and beyond, with a focus on supporting teachers and the heads of education institutionseducational community as a whole in implementing digital education throughout curricula and on sharing best practices and know-how, without creatavoiding additional administrative or financial burdens; considers that education should be focused on practical skills for the future and be based on a long-term and comprehensive analysis of labour market needpolicy should help citizens to be prepared for an increasingly data-based economy, and to develop their ability to take part in the digital transformation and further shape democratic societies; welcomes the Commission’s proposal to develop a common European skills database;
Amendment 20 #
2020/2217(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Highlights the urgent need to close the EU’s digital skills gap and considers that enhanced graduate tracking and labour marketskills, competences, qualifications and occupations data sharing will be invaluable tools to achieve this end; stresses the importance of fully abiding by EU rules on personal data protection when using these tools;
Amendment 26 #
2020/2217(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. Stresses that platforms are more and more used in schools across the EU and are becoming essential tools to prepare lessons as well as to communicate with parents; in this respect, considers that the use of children’s data should be limited to educational purposes and under no circumstances derive in commercial use; calls on the European Commission and the Member States to support and contribute to the development and the strengthening of secure, user friendly, accessible and EU-based teaching platforms;
Amendment 30 #
2020/2217(INI)
Draft opinion
Paragraph 5 b (new)
Paragraph 5 b (new)
5 b. Highlights the opportunity to increase mobility in the European Education Area through the use of digital education and data; underlines the importance of automatic mutual recognition of diplomas at all levels of education and of learning periods abroad; calls therefore on the promotion of the European Qualification Framework and the development of the European Student Card in order to include all learners;
Amendment 30 #
2020/2217(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Believes that the new strategy should be implemented by means of a principle-based and innovation-friendly EU legal framework, which should be proportionate and, while safeguarding the best interests of EU citizens, avoid unnecessary administrative burdens for small to medium-sized enterprises (SMEs) and start-ups, and should be combined with concrete measures, guidance, private- public codes of conduct and programmes, strong investments, and, if necessary, new sector-specific laws;
Amendment 30 #
2020/2217(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Believes that the new strategy should be implemented by means of a principle-based and innovation-friendly EU legal framework, which should be proportionate and, while safeguarding the best interests of EU citizens, avoid unnecessary administrative burdens for small to medium-sized enterprises (SMEs) and start-ups, and should be combined with concrete measures, guidance, private- public codes of conduct and programmes, strong investments, and, if necessary, new sector-specific laws;
Amendment 33 #
2020/2217(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Emphasises that the implementation of the European data strategy should take account of the specific needs of vulnerable groups; recalls that almost 100 million persons with disabilities in the EU are facing particular challenges in accessing digital tools and quality education; calls on the Member States to make every effort to ensure that persons with disabilities and persons from disadvantaged backgrounds have full access to digital tools and infrastructure in order to harness the full potential of digitalisation and prevent a widening of gaps between different parts of society in terms of access to digital education;
Amendment 39 #
2020/2217(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Calls on the Commission to explore the potential merits and scope of creating a common European data space for the cCultural and cCreative iSectors and Industryies at large; believes that the digitalisation of cultural heritage could be useful and beneficial in a wide variety of ways, by for instance facilitating physical protection and preservation or enabling three-dimensional virtual applications which could be suitable for a number of sectors, including tourism; calls for the development of a common European data space on cultural heritage, which could be built on the basis of the Europeana Digital Service Infrastructure and should be accessible to all parts of society.
Amendment 41 #
2020/2217(INI)
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7 a. Calls on the EU to lead the way in the field of AI, both in the public and the private sector; highlights the opportunity given by the use of AI in education; stresses that any new legislation in the field must be observant of fundamental rights, including the right to protection of privacy and personal data, and contribute to set high ethical standards;
Amendment 42 #
2020/2217(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Stresses the key importance of fostering access to data for EU businesses, and their competitiveness at the global level, especially for SMEs and start-ups; considers that voluntary data sharing between businesses based on fair and transparent contractual arrangements, triggered by incentives in the form of subsidies and tax breaks, would help to achieve this goalwould help to achieve this goal; notes, in this regard, that a solid legislative framework is important to ensure trust and encourage businesses to make data available to others, particularly across borders;
Amendment 42 #
2020/2217(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Stresses the key importance of fostering access to data for EU businesses, and their competitiveness at the global level, especially for SMEs and start-ups; considers that voluntary data sharing between businesses based on fair and transparent contractual arrangements, triggered by incentives in the form of subsidies and tax breaks, would help to achieve this goalwould help to achieve this goal; notes, in this regard, that a solid legislative framework is important to ensure trust and encourage businesses to make data available to others, particularly across borders;
Amendment 44 #
2020/2217(INI)
Draft opinion
Paragraph 7 b (new)
Paragraph 7 b (new)
7 b. Points out the need to support research programmes and networks through the use of data and digital innovation; underlines the necessity to train, hire and retain talents in Europe to address and accompany digital transition; stresses that access to such jobs and curricula needs to be gender-balanced;
Amendment 46 #
2020/2217(INI)
Draft opinion
Paragraph 7 c (new)
Paragraph 7 c (new)
7 c. Underlines the existence of a gender gap in the digital sector, both in the education and therefore in the employment fields; encourages the use of data to close such gap and develop targeted policies that promote gender equality in digital education and careers; notes that encouraging and supporting the participation of girls and women to science, technology, engineering, arts and mathematics (STEAM) education and careers should be an important part of such policies;
Amendment 52 #
2020/2217(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. States that mutually beneficial, fair, simple, intelligible, secure, interoperable and affordable voluntary data sharing agreements between companies from the same supply chain and different sectors, that either monetise the participation of data providers or enable ‘give and take’ schemes, will further accelerate the development of the EU data economy;
Amendment 52 #
2020/2217(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. States that mutually beneficial, fair, simple, intelligible, secure, interoperable and affordable voluntary data sharing agreements between companies from the same supply chain and different sectors, that either monetise the participation of data providers or enable ‘give and take’ schemes, will further accelerate the development of the EU data economy;
Amendment 55 #
2020/2217(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Calls on the Commission to assess the possibility of defining fair contractual conditions with the aim of addressing imbalances in market power and between the concerned parties; underlines that a single European data space will require companies to be allowed to closely cooperate with each other, and therefore considers that safe harbours and block exemptions on cooperation for data sharing and pooling, as well as more guidance for businesses on competition law matters from the Commission, are needed;
Amendment 55 #
2020/2217(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Calls on the Commission to assess the possibility of defining fair contractual conditions with the aim of addressing imbalances in market power and between the concerned parties; underlines that a single European data space will require companies to be allowed to closely cooperate with each other, and therefore considers that safe harbours and block exemptions on cooperation for data sharing and pooling, as well as more guidance for businesses on competition law matters from the Commission, are needed;
Amendment 61 #
2020/2217(INI)
Draft opinion
Paragraph 8
Paragraph 8
8. Recommends further strengthening interoperability and establishing consensus-based, industry-led common cross-sector standards in order to guarantee that the movement of data between different machines and entities can take place in an innovative manner without leaving any gaps in that regard to be filled by the economic entities with significant market power that operate across sectors; highlights the importance of open, non- proprietary standards to ensure a high degree of interoperability;
Amendment 61 #
2020/2217(INI)
Draft opinion
Paragraph 8
Paragraph 8
8. Recommends further strengthening interoperability and establishing consensus-based, industry-led common cross-sector standards in order to guarantee that the movement of data between different machines and entities can take place in an innovative manner without leaving any gaps in that regard to be filled by the economic entities with significant market power that operate across sectors; highlights the importance of open, non- proprietary standards to ensure a high degree of interoperability;
Amendment 66 #
2020/2217(INI)
Draft opinion
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Believes that open source technology promotes the mutually beneficial collaboration between businesses while guaranteeing transparency and public scrutiny, thereby providing the high level of trust needed to engage in data sharing; further notes that open source technology can play a significant role in ensuring Europe’s digital sovereignty; considers therefore that the uptake of open source technology should be actively encouraged and promoted by the Commission, particularly through effective permanent funding facilities;
Amendment 66 #
2020/2217(INI)
Draft opinion
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Believes that open source technology promotes the mutually beneficial collaboration between businesses while guaranteeing transparency and public scrutiny, thereby providing the high level of trust needed to engage in data sharing; further notes that open source technology can play a significant role in ensuring Europe’s digital sovereignty; considers therefore that the uptake of open source technology should be actively encouraged and promoted by the Commission, particularly through effective permanent funding facilities;
Amendment 70 #
2020/2217(INI)
Draft opinion
Paragraph 9
Paragraph 9
9. Declares that a distinction between the legal regimes concerning personal and non-personal data is essential, as not sharing any commercial datasets is often the only option for businesses due to the complexity of the existing rules and the great legal uncertainty as to whether personal data is sufficiently depersonalised; notes that this distinction may be difficult to draw in practice given the existence of mixed data, for which specific rules and approaches should be introducedexisting Union legislation mandates that, where non-personal data and personal data are inextricably linked, data protection rights and obligations apply in full to the whole mixed dataset, regardless of the comparative amount of personal data in relation to non-personal data; believes that models that focus on anonymisation, which requires a clear legal base and a list of criteria, and other technical ways of ensuring privacy must be encouraged, such as the shift from the sharing of data to the sharing of computation, application programming interfaces (APIs), synthetic data and data sandboxes;
Amendment 70 #
2020/2217(INI)
Draft opinion
Paragraph 9
Paragraph 9
9. Declares that a distinction between the legal regimes concerning personal and non-personal data is essential, as not sharing any commercial datasets is often the only option for businesses due to the complexity of the existing rules and the great legal uncertainty as to whether personal data is sufficiently depersonalised; notes that this distinction may be difficult to draw in practice given the existence of mixed data, for which specific rules and approaches should be introducedexisting Union legislation mandates that, where non-personal data and personal data are inextricably linked, data protection rights and obligations apply in full to the whole mixed dataset, regardless of the comparative amount of personal data in relation to non-personal data; believes that models that focus on anonymisation, which requires a clear legal base and a list of criteria, and other technical ways of ensuring privacy must be encouraged, such as the shift from the sharing of data to the sharing of computation, application programming interfaces (APIs), synthetic data and data sandboxes;
Amendment 80 #
Amendment 80 #
Amendment 81 #
2020/2217(INI)
Draft opinion
Paragraph 11
Paragraph 11
Amendment 81 #
2020/2217(INI)
Draft opinion
Paragraph 11
Paragraph 11
Amendment 95 #
2020/2217(INI)
Draft opinion
Paragraph 13
Paragraph 13
13. Is of the belief thatCalls for an impact assessment to be conducted by the Commission on whether the data-driven digital economy does not requires any major changes to the existing IPR framework and thus notes that the Commission should carefully assess what legal adjustments are really necessaryor adjustments to the existing IPR legal framework; welcomes, in this regard, the Commission’s intention to revise the Database Directive and clarify the application of the Trade Secrets Directive;
Amendment 95 #
2020/2217(INI)
Draft opinion
Paragraph 13
Paragraph 13
13. Is of the belief thatCalls for an impact assessment to be conducted by the Commission on whether the data-driven digital economy does not requires any major changes to the existing IPR framework and thus notes that the Commission should carefully assess what legal adjustments are really necessaryor adjustments to the existing IPR legal framework; welcomes, in this regard, the Commission’s intention to revise the Database Directive and clarify the application of the Trade Secrets Directive;
Amendment 101 #
2020/2217(INI)
Draft opinion
Paragraph 14
Paragraph 14
14. Calls on the Commission to assess to what extentake measures to ensure that the application of foreign jurisdictions’ legislation, such as the US CLOUD Act, might lead to legal uncertainty and disadvantages for Union residents and businesses and whether any action is neededdoes not undermine the fundamental rights of Union citizens or lead to legal uncertainty and disadvantages for Union businesses; points out recent jurisprudence by the Court of Justice of the European Union in this regard.
Amendment 101 #
2020/2217(INI)
Draft opinion
Paragraph 14
Paragraph 14
14. Calls on the Commission to assess to what extentake measures to ensure that the application of foreign jurisdictions’ legislation, such as the US CLOUD Act, might lead to legal uncertainty and disadvantages for Union residents and businesses and whether any action is neededdoes not undermine the fundamental rights of Union citizens or lead to legal uncertainty and disadvantages for Union businesses; points out recent jurisprudence by the Court of Justice of the European Union in this regard.
Amendment 2 #
2020/2216(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Recalls that AI should be developed, deployed and used in a fair and ethical manner with a human centric approach and with due respect for Union values and principles, human rights, freedom of expression and information, the right to privacy, data protection, non- discrimination, media freedom and pluralism and cultural diversity; underlines that the legal framework on AI requires the strict consideration of fundamental rights, ethical aspects and legal safeguards in order to protect our democratic societies and citizens as users and consumers of AI systems; emphasises that transparency and independent oversight are crucial in order to avoid all forms of abuse and to ensure the rule of law;
Amendment 4 #
2020/2216(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Recognises the importance of a functioning digital single market and the ethical use of AI, robotics and related technologies for EU citizens, since they have the potential to tackle the challenges societies face, in particular during the COVID-19 pandemic in line with our social and democratic values, as it was demonstrated in particular during the COVID-19 pandemic; considers however, socio- economic, legal and ethical impacts have to be carefully addressed;
Amendment 5 #
2020/2216(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Recognises the importance of a functioning digital single market and the use of AI, robotics and related technologies for EU citizens, since they have the potential to tackle the challenges societies face, in particular during the COVID-19 pandemic; and underlines that AI-based applications raise new, so far unresolved, legal questions that affect consumers;
Amendment 7 #
2020/2216(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Points out that the use of self- learning algorithms enables businesses to gain a comprehensive insight about consumer’s personal circumstances and behaviour patterns, allowing them to tailor their advertising and contract terms to specific profiles thus exploiting consumer’s willingness to purchase goods and services as well as deploying scoring systems to decide whether a specific consumer can purchase a product or take up a service;
Amendment 9 #
2020/2216(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. Recalls that the digital future of Europe must be socially inclusive and must leave no one behind; expresses, in this respect, concerns about the discrepancies in access to information, education and jobs created by the digital gap; reiterates its call on the Commission and the Member States to diligently address this gap including through adequate investments in infrastructure, equipment and resources, as well as the implementation and assessment of the Digital Education Action Plan;
Amendment 9 #
2020/2216(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Maintains that SMEs and start-ups need to be supported in their digital transformation due to their limited resources; invites, therefore, the Commission to pursue a fitness check for SMEs before publishing legislation and to keep administrative burdens to a minimum by, inter alia, developing standards; as they are the backbone of Europe's economy; invites, therefore, the Commission to assess a proportionate approach to enable them to develop and innovate, including specific measures for the digitalisation of SMEs and start-ups in future legislation and to keep administrative burdens to a minimum by, inter alia, taking into account their position in every step of the digital transformation;
Amendment 12 #
2020/2216(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Maintains that SMEs need to be supported in their digital transformation due to their limited resources; invites, therefore, the Commission to pursue a fitness check for SMEs before publishing legislation and to keep administrative burdens to a minimum by, inter alia, developing standardwhile at the same time achieving the underlying policy objectives;
Amendment 13 #
2020/2216(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Acknowledges that market imbalances exist in relation to digital businesses that enjoy a significant market power, enabling them to impose their business practices on consumers and customers, and makes it increasingly difficult for other players, especially SMEs and start-ups, to compete and for new businesses to even enter the market;
Amendment 15 #
2020/2216(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Stresses the crucial importance of a coherent visregulation at Union level in order to achieve a genuine digital single market within an AI-powerassisted society that would fully benefit uscitizens as users and consumers;
Amendment 17 #
2020/2216(INI)
Draft opinion
Paragraph 2 b (new)
Paragraph 2 b (new)
2b. Welcomes the launching of a new financing instrument, in the form of a co- investment facility of up to €150 million, to support artificial intelligence companies across Europe and asks to pay special attention to support SMEs and start-ups;
Amendment 19 #
2020/2216(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. Emphasises the potential of AI- technologies for cultural and creative sectors and industries, from better audience management, outreach and engagement to assisted content curation revalorising cultural archives, as well as assisted fact-checking and data journalism; stresses further the potential of AI-based tools such as text-to-speech and speech-to-text, automated subtitling and translation to enhance access to culture, information and education for vulnerable groups such as visually and hearing impaired people;
Amendment 21 #
2020/2216(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Points out that the digital single market and AI are diverse and subject to quick and dynamic developments; urges the Commission to base proposals and initiatives on the right balance avoiding on the one hand an one-size-fits-all approach and on the other hand a fragmentation of the market through national approaches on the othere an harmonised and future-proof regulatory framework that is inspired by a humanistic and human-centric approach in technological development;
Amendment 22 #
2020/2216(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Points out that the digital single market and AI are diverse and subject to quick and dynamic developments; urges the Commission to baseput forward proposals and initiatives on the right balance avoiding on the one hand an one-size-fits-all approach andthat avoid a fragmentation onf the other hand a fragmentation of thdigital single market through divergent national approaches oin the otherfield of AI;
Amendment 24 #
2020/2216(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Highlights that a new regulatory framework for AI is needed focusing order to deal withn guaranteeing fundamental rights and establishing clear ethical principles, legal safeguards and liability in order to harness the potential risks of autonomous behaviour and to maximise the trust of and the benefit for users; invites, while safeguarding the best interests of EU citizens; invites, therefore, the Commission to propose a risk-based and innovation-friendly robust legislative framework for AI that focuses on identifying and closing gaps within existing legislation and being coherent with thewithout prejudice to existing sector- specific legislation;
Amendment 25 #
2020/2216(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Deplores the omission of culture from AI strategies and policy recommendations at both national and Union level; stresses the need to set up a clear legal framework that prioritisesfor an ethical, sustainable and socially responsible AI that prioritises creativity and access to culture in order to bring the Union to the forefront of AI-driven innovation and, value creation worldwide and to maximise its benefits, while assessing its potential risks for society;
Amendment 25 #
2020/2216(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Highlights that a new regulatory framework for AI is needed in order to deal with the potential risks of autonomous behaviourmated decision making and to maximise the trust of and the benefit for users; invites the Commission to propose a risk-based and innovation-friendly legislative framework for AI that focuses on identifying and closing gaps within existing legislation and being coherent with the existing sector-specific legislationprecautionary approach to the development and use of AI and automated decision making systems as well as a more gradual establishment of risks and corresponding legal requirements including preventive impact assessment in order to allow the banning of highly dangerous technologies;
Amendment 29 #
2020/2216(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. Reminds that to be ethical, AI must be developed, deployed and used in a sustainable and socially responsible manner, including a gender equality strategy, cultural diversity, promoting digital literacy, closing the digital gap and safeguarding intellectual property rights;
Amendment 30 #
2020/2216(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Is of the firm view that harmonised future-proof definitions of ‘AI’ and ‘high- risk’ should be future- proof to ensure legal clarity for consumers and businesses and should consider human oversight for high-risk AI applications; ; recalls that the risk based approach should take into account the potential that these technologies entail to breach fundamental rights and to cause any prejudice or harm to individuals or society at a whole; reminds that the development, deployment and use of any high-risk AI applications should guarantee full human oversight at any time and must include principles of transparency, safety, accessibility and accountability, non-discrimination and fairness, protection of privacy and personal data, good governance and be socially and environmentally sustainable;
Amendment 34 #
2020/2216(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Emphasises that the transposition of the Audiovisual Media Services Directive (AVMSD) into national law is crucial to achieving a genuine digital single market; urges the Member States that have not yet done so to complete the transposition as soon as possible; stresses that the future Digital Services Act (DSA) and, the Digital Markets Act (DMA) as well as any future regulation on AI, with particular regard to the cultural and creative sectors, should be in line with the principles and obligations of the AVMSD;
Amendment 34 #
2020/2216(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Is of the firm view that definitions of ‘AI’ and ‘high-risk’ should be future- proof to ensure legal clarity for consumers and businesses and should consider human oversight for high-risk AI applicationsa methodology and criteria are necessary to define the level of risk of an application, and that this process shall be subject to human oversight and control;
Amendment 37 #
2020/2216(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Is convinced that existing legislation needs to be adapted to new technologies; askurges the Commission to adjustupdate inter alia the Product Liability Directive1 , in particular by redefining the terms ‘product’ and, ‘damage’, ‘defect’ and considreversing adjustments to the concept ofthe ‘burden of proof’, which should mirror the modifications to the General Product Safety Directive2 ; _________________ 1 2; OJ L 210, 7.8.1985, p.29. OJ L 11, 15.1.2002, p. 4.
Amendment 39 #
2020/2216(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Calls on the Commission to make a proposal for the introduction of a liability regime that is based on the proportion of control the party holds over the risk of the operation taking into account the development and the deployment phase and ensure compensation for non-material damages caused by AI;
Amendment 40 #
2020/2216(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Outlines that society, including consumers, should benefit from the responsible development and, deployment of AI whichand use of AI technologies that benefit citizens, generate opportunities for businesses and serves the good of society; asks the Commission, therefore, to define ethical rules for the development, deployment and use of AI, robotics and related technologies taking into account the principles of better regulationhat respect fundamental rights guaranteeing human dignity, autonomy and safety taking into account the principles of better regulation, emphasising on evidence and transparent processes involving citizens and stakeholders, including trade unions and consumers’ associations;
Amendment 43 #
2020/2216(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Points out that AI can be an effective tool for enforcing the rules on online content, such as identifying illegal content or fake news, through automated content filtering,, disinformation or fake news and can also be used to implement the ‘notice, take down and stay down’ mechanisms; stresses, however, that AI may pose challenges to fundamental rights, in particular freedom of expression, as well as access to information, cultural diversity and media pluralism and recalls in this regard, the need for AI to respect fundamental rights and Union law when developed, deployed and used in the Union; emphasises that human intervention is necessary to filter out disinformation in order to avoid inappropriate removals e.g. when humour or irony are expressed, since AI-systems cannot evaluate the context;
Amendment 43 #
2020/2216(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Outlines that society, including consumers, should benefit from the responsible development and deployment of AI which serves the good of society; asks the Commission, therefore, to define ethical rulelegal rights and obligations for the development, deployment and use of AI, robotics and related technologies taking into account ethe principles of better regulationical standards;
Amendment 46 #
2020/2216(INI)
Draft opinion
Paragraph 8
Paragraph 8
8. Underlines that, for the training of AI, the free flow of data within the common data spaces of the digital single market is essential and this should be underpinned by thea solid underlying legal framework which promotes trust among businesses and includes, where necessary, appropriate and fair contractual rules addressing existing power or market imbalances, and ensuring a consumer- friendly approach to data access and control;
Amendment 51 #
2020/2216(INI)
Draft opinion
Paragraph 9
Paragraph 9
9. Calls on the Commission to support the development of international standards to govern theRecalls the global dimension of the opportunities and risks implicit in AI technologies; calls on the Commission to promote consistent international cooperation that contributes to create synergies on AI between European entities as well as other multilateral fora to align efforts and to better coordinate the development of AI; urges the Commission to support multilateral efforts to discuss in relevant fora an effective international regulatory framework to guide the development, deployment and use of AI;
Amendment 55 #
2020/2216(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Calls, therefore, for a balanced approach between the deployment of automated enforcement and fundamental rights,human- centric and careful approach towards automated decision-making, by all means respectful and protective of fundamental rights and ethical aspects, and which is in line with the applicable regulatory framework, such as the AVMSD, the Copyright Directive and the future DSA.DSA package;
Amendment 56 #
2020/2216(INI)
Draft opinion
Paragraph 10
Paragraph 10
10. Highlights that citizens, as users and consumers, are already benefiting from strong data protection rules such as the GDPR3 and ePrivacy Directive4 ; appreciates that the Commission foresees measures ensuring full coordination and avoiding duplication of the data protection existing legislations to empower individuals to exercise their rights, which must at least partly be based on civil law; _________________ 3 4OJ L 119 4.5.2016, p. 1. OJ L 201, 31.7.2002, p.37.
Amendment 57 #
2020/2216(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6 a. Recalls the urgent need for fairer competition for CCSIs online services in Europe in order to counter the networking and concentration effects of the data market that tend to unfairly benefit large digital companies; welcomes, in that respect, the Digital Services Act (DSA) and the Digital Markets Act (DMA) Commission proposals of 15 December 2020 that should help to further shape the digital future of Europe.
Amendment 58 #
2020/2216(INI)
Draft opinion
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Calls on the Commission to propose restrictions to the use of systems building on consumers’ commercial surveillance and to encourage the deployment of consumer-centric systems based on fair and non-discriminatory practices;
Amendment 62 #
2020/2216(INI)
Draft opinion
Paragraph 11
Paragraph 11
11. Asks the Commission to ensure that users are properly informed and that their rights are effectively guaranteed when they interact with automated decision-making systems and urges the Commission to concretise these rights in its future legislative proposal by translating them into enforceable rules so that automaticed decision- making systems do notpowered technologies serve consumers and do not harm them nor generate unfairly biased outputs for consumers in the single market;
Amendment 64 #
2020/2216(INI)
Draft opinion
Paragraph 11
Paragraph 11
11. Asks the Commission to ensure that userscitizens, as users and consumers, are properly informed and that their rights are effectively guaranteed when they interact with automated decision-making systems and thata system uses AI, when AI systems personalise a product or service for its users, and when they interact with automaticed decision- making systems do not generate unfairly biased outputor are subjected to autonomous processes for consumers in the single marketdecisions that influence their experience with digital products and services;
Amendment 66 #
2020/2216(INI)
Draft opinion
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. Recalls that bias in and discrimination by software, algorithms and data is unlawful; urges the Commission to propose measures to assure that automatic decision-making systems do not generate subjective, unjustifiable, unreasonable or illegitimate biased outputs for consumers in the single market;
Amendment 68 #
2020/2216(INI)
Draft opinion
Paragraph 12
Paragraph 12
12. Urges the Commission to ensure a strong protection for fundamental rights and users’ civil law rights in the forth-coming proposal for a Digital Services Act (DSA) and Digital Market Act (DMA), particularly in order to protect, inter alia, the freedom of expression and information and the freedom to provide services, and to protect users from harmful micro-targetingillegal content and harmful business practices based on targeting or the exploitation of data;
Amendment 72 #
2020/2216(INI)
Draft opinion
Paragraph 13
Paragraph 13
13. Outlines that it is unacceptable that users and consumers are exposed to unsafeillegal content as well as unsafe and counterfeit products and; therefore, increased responsibilities for online marketplaces are neededcontent hosting platforms and online marketplaces are needed to reinforce the digital single market; asks the Commission to set up clear rules for the responsibility of content hosting platforms, for the illegal content and for the goods sold or advertised on them in the DSA proposal in order to consider the consumer safeguards in place, which should be observed at all times, and the concomitant redress measures for retailers and consumers by inter alia close the legal gap in which the buyers failed to obtain the satisfaction to which he or she is entitled according to the law or the contract for the supply of goods, for example because of the inability to identify the primary seller (know your customer business principle);
Amendment 77 #
2020/2216(INI)
Draft opinion
Paragraph 14
Paragraph 14
14. Considers that the use of smart contracts in the digital single market must be firmly foundealls on the Commission to assess the development and use of distributed ledger technologies including blockchain, namely smart contracts in the digital single market, provide guidance to ensure legal certainty for businesses and con civil and contract law in order to ensure the rights of businesses and consumerssumers, in particular the question of legality, enforcement of smart contracts in cross border situations, and notarisation requirements where applicable, and make proposals for the appropriate legal framework;
Amendment 80 #
2020/2216(INI)
Draft opinion
Paragraph 15
Paragraph 15
15. Notes that large platforms with significant network effects could act as de facto ‘online gatekeepers’ of the digital economy and urges the Commission to analyse the impact that the power of these large platforms have on the rights of users, consumers, start-ups and SMEs.;
Amendment 9 #
2020/2202(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. Recalls that children are protected by the Withdrawal Agreement, wherever they are born, before or after the United Kingdom's withdrawal from the EU, or whether they are born inside or outside the host state where the EU citizen or the UK national resides;
Amendment 12 #
2020/2202(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. Recalls that those protected by the Withdrawal Agreement who have not yet acquired permanent residence rights – if they have not lived in the host state for at least five years – will be fully protected by the Withdrawal Agreement, and will be able to continue residing in the host state and acquire permanent residence rights in the host state after accumulating five years of residence;
Amendment 14 #
2020/2202(INI)
Draft opinion
Paragraph 3 b (new)
Paragraph 3 b (new)
3 b. Recalls that EU citizens and UK nationals who arrived in the host state before 1 January 2021 enjoy the same rights and obligations under the Withdrawal Agreement as those who arrived in the host state before 1 February 2020;
Amendment 15 #
2020/2202(INI)
Draft opinion
Paragraph 3 c (new)
Paragraph 3 c (new)
3 c. Recalls that EU citizens and UK nationals frontier workers and frontier self-employed persons are also protected in the countries where they work;
Amendment 16 #
2020/2202(INI)
Draft opinion
Paragraph 3 d (new)
Paragraph 3 d (new)
3 d. Recalls that the citizens covered by the Withdrawal Agreement maintain their right to healthcare, pensions and other social security benefits, and if they are entitled to a cash benefit from one country, they will in principle be entitled to receive it, even if they decide to live in another country; and that workers and self-employed persons concerned have the right to take up employment or to carry out an economic activity as a self- employed person;
Amendment 18 #
2020/2202(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Recalls that UK courts must pay due regard to CJEU case law handed down after the transition period, and the rights provided by the citizens’ rights section of the Agreement can be relied on directly by EU citizens in UK courts and by UK nationals in the courts of the Member States;
Amendment 26 #
2020/2202(INI)
Draft opinion
Paragraph 11
Paragraph 11
11. Considers that the EU Settlement Scheme’s requirement that EU citizens with pre-settled status have to make a second application to the scheme in order to be provided with the indefinite right to remain in the UK is problematic and puts citizens at a higher risk of missing deadlines, including the risk of automatic loss of their UK residence; is alarmed by very high levels of applicants who are only accorded the pre-settled status; highlights the difficulties that EU citizens may encounter in attempting to apply for settled or pre-settled status owing to the UK Home Office’s insistence on a digital- only approach to the application process;
Amendment 29 #
2020/2202(INI)
Draft opinion
Paragraph 12
Paragraph 12
12. Considers that the absence of a physical document creates the risk that many EU citizens and, in particular, the elderly, the people with disabilities and vulnerable and digitally challenged people will struggle to prove their rights; points out that the complexity of proving digital status may lead to the risk of discrimination against EU citizens; to this end, reaffirms the Parliament’s call for the issuing of a physical document as a proof of the EU citizens’ residing rights in the UK; points out that the complexity of proving digital status may lead to the risk of discrimination against EU citizens; stresses that it is fundamental to create smooth, simple and transparent administrative procedures accessible to all, and that administrative costs, if any, must not exceed those imposed on nationals for issuing similar documents;
Amendment 20 #
2020/2201(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Stresses that alle importance of reviewing democratic means of participation for citizens mustso that these entail an open and transparent process that takes an inclusive, participatory and well- balanced approach to citizens and stakeholderrepresentative associations; as well as identifying current gaps; believes that dialogue between decision- makers and organised civil society should be organised in such a way that the diversity of our societies is fully reflected;
Amendment 27 #
2020/2201(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. Calls on the Commission to present a proposal for an Interinstitutional Agreement on civil dialogue based on article 11.2 TEU stating that institutions shall maintain an open, transparent and regular dialogue with representative associations and civil society;
Amendment 33 #
2020/2201(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Notes that established channels for citizens to give their input on the EU decision-making process, such as the European citizens’ initiative, the right of petition to the European Parliament, recourse to the European Ombudsman, public consultations and dialogues, lack visibility, accessibility and follow-up; supports awareness raising activities on these mechanisms to maximise their impact and effectiveness;
Amendment 38 #
2020/2201(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. Believes that citizen’s participation implies the development of an array of tools ranging from consultation to deliberation, as well as the development of structured permanent dialogue at EU level and at national level on EU issues with citizens and civil society organisations representing citizens;
Amendment 57 #
2020/2201(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. SAffirms that quality education, and particularly citizenship education, is one of the pillars of democracy; stresses that civic education and learning about the EU is key to improve European democracy and the future of the Union, enabling EU citizens to make informed choices; calls on the Commission to develop an indicative common curriculum on EU learning in order to foster objective and critical thinking on the benefits of the European Uncitizenship in order to foster a better understanding, among others, of the functioning of the EU, of the existing EU participatory mechanisms, of the histories and cultures of Member States, their European rights and obligations, as well as objective and critical thinking on the benefits of the European Union; considers that more investment is needed in training and capacity building programmes for educators on citizenship education;
Amendment 64 #
2020/2201(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. Invites the Commission to develop a comprehensive European strategy on citizenship education in view of the risk posed to our democracies by national populism, online disinformation and the polarising social tensions in Europe and abroad; considers that such strategy should seek to inform citizens’ about European democratic systems; enhance citizens’ understanding of the interplay between the EU and the Member States’ roles in the EU decision-making process and how EU policies are made, nurture public awareness about the benefits, rights and obligations of being a EU citizen, raise awareness about innovative ways of citizens’ participation in EU decision-making and co-creation of policy solutions; such strategy should support safeguarding the rule of law, minority rights in Europe and the values of an open and inclusive society, reinforce youth engagement in public life by promoting innovative and novel ways of political representation and participation, improve digital competences, social media literacy and critical thinking in media consumption;
Amendment 70 #
2020/2201(INI)
Draft opinion
Paragraph 5 b (new)
Paragraph 5 b (new)
5 b. Ask the Commission to explore the establishment of an European Agency for Citizenship education in charge of improving access to and the quality of citizenship education in all EU member states and support the development of a European dimension of citizenship education, for all age groups, ethnic and socioeconomic backgrounds;
Amendment 71 #
2020/2201(INI)
Draft opinion
Paragraph 5 c (new)
Paragraph 5 c (new)
5 c. Recalls that the right of education is the first principle of the European Pillar of Social rights, including the right to education to fully participate in social life, believes that to this end citizenship education covering the national and European level must be ensured;
Amendment 72 #
2020/2201(INI)
Draft opinion
Paragraph 5 d (new)
Paragraph 5 d (new)
5 d. Calls on the EU and national governments to increase its investment in formal and informal civic education, on active citizenship and democratic competences;
Amendment 77 #
2020/2201(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Underlines the right of citizens to have access to reliable and factual information on the European Union, its policies and decision-making processes; recognises the need to establish adiversify access to neutral, independent and informative common European news centreand the value of existing European media outlets, available in all of the EU’s official languages; calls for downstream feedback, fact-checking and moderation in relation to disinformation to be introduced into the functioning of online platforms.;
Amendment 81 #
2020/2201(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6 a. Welcomes the European Democracy Action Plan (EDAP) objective to improve citizens’ participation in democratic systems through informed decision-making; emphasises the need to ensure youth participation and civic engagement of people from disadvantaged backgrounds under Erasmus+ and the European Solidarity; welcomes the announced measures in the EDAP to strengthen media freedom, freedom of expression and quality journalism, looks forward to the Commission’s proposals for practical and efficient tools to better secure the safety of journalists, which are all too often subject to threats and undue intimidation, thereby limiting citizen’s right to information, notes with concern the lack of specific proposals to ensure artistic freedom and grant protection to censored and prosecuted artists and invites the Commission to further develop this area under the DEAP;
Amendment 86 #
2020/2201(INI)
Draft opinion
Paragraph 6 b (new)
Paragraph 6 b (new)
Amendment 87 #
2020/2201(INI)
Draft opinion
Paragraph 6 c (new)
Paragraph 6 c (new)
6 c. Calls on the Commission to include meaningful participation of citizens and civil society organisations in the Conference on the future of Europe, considers that to this end, proper methodologies and tailored tools enabling deep engagement and understanding of the topics debated are crucial, in particular in its European dimension;
Amendment 1 #
2020/2133(INI)
Draft opinion
Paragraph -1 (new)
Paragraph -1 (new)
-1. Welcomes the commitment taken by the European Commission before the European Parliament for the establishment of an independent EU ethics body;
Amendment 44 #
2020/2133(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Underlines the need to review and align relevant EU legislation and codes of conduct, requiring full transparency on employment or projects taken up by high- ranking and senior officials of EU institutions and agencies, including after leaving public office;
Amendment 48 #
2020/2133(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Underlines the important role that the European Ombudsman plays in ensuring high standards of transparency and integrity in the EU institutions; stresses its key role at monitoring the proper functioning of the European public administration, which should continue after the establishment of the EU ethics body; calls on its Committee on Constitutional Affairs committee to consider and to take into account the experience provided by the European Ombudsman when reflecting on the possible establishment of an independent ethics body; suggests the setting up of an EU interinstitutional working group that is tasked with discussing and formulating recommendations on all aspects related to the subject mattersuch body, which should be holding a clear mandate, and operating at a technical level with a permanent, independent, impartial, collegiate and gender-balanced structure;
Amendment 61 #
2020/2133(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Stresses the important role played by Parliament as representative of the citizens of the EU, including in its oversight of the political evaluation of the Commission and other institutions on behalf of the public, as well as to ensure suitability of certain senior positions; recalls that the European Parliament should continue holding this role after the establishment of the EU ethics body;
Amendment 70 #
2020/2133(INI)
Draft opinion
Paragraph 7
Paragraph 7
Amendment 77 #
2020/2133(INI)
Draft opinion
Paragraph 8
Paragraph 8
8. Underlines the fact that strengthening the existing procedures on the basis of analysis and evaluation of their effectiveness and public response is generally more effective that the future ethics body should take on the role of the ethics committees operating in the different EU institutions and agencies; and work towards the harmonization of the different interpretations of the norms and terms within the EU institutions, such as “conflict of interest”, to avoid divergences and in pursuit of the clarity that citizens demand the introduo continue growing their trust in the functioning of new the EU institutiones;
Amendment 83 #
2020/2133(INI)
Draft opinion
Paragraph 9
Paragraph 9
9. Considers, as that, from the viewpoint of the committee most directly engaged with the public opinion and public response to the institutions’ transparency and integrity, that the democratic approach and political responsibility remains the strongest control mechanism in any constitutional democracy, as well as in the EU; stresses the need for further strengthening of the democratic accountability mechanisms at EU levele future ethics body should operate in a depoliticised manner and perform in an independent way, to further strengthen and guarantee the highest standards of accountability, transparency and integrity at EU level, to continue growing trust of the citizens in the EU institutions.
Amendment 6 #
2020/2084(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Stresses the need of setting an annual breakdown of available allocations on education and culture by Member State under the objective of investment in employment and growth, on the basis of objective and transparent parameters and criteria in the distribution system, both from the EU to Member States and from Member States to their territories;
Amendment 7 #
2020/2084(INI)
Draft opinion
Paragraph 1 b (new)
Paragraph 1 b (new)
1b. Underlines the convenience of fostering bilateral and multilateral exchange of experiences on lessons learnt and best practices in education and culture, as well as analysis, evaluation, monitoring and control of aid;
Amendment 14 #
2020/2084(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. ERecalls the key role of education, in labour market transitions as well as in the human and personal development of citizens, in particular by raising their environmental awareness to reduce greenhouse gas emissions and achieve, climate neutrality by 2050; emphasises that a transition to a more environmentally sustainable society requires skilled workers and believes that just transition funds should cover a strong investment in education, vocational education and training (VET) and retraining;
Amendment 20 #
2020/2084(INI)
Draft opinion
Paragraph 3 – point a (new)
Paragraph 3 – point a (new)
(a) Underlines the need for education and training both in skills related to the ecological and the digital transition, which can help to achieve the goals related to sustainability and digitalization, as well as in soft skills, which can facilitate to change or improve their employment sector;
Amendment 21 #
2020/2084(INI)
Draft opinion
Paragraph 3 – point b (new)
Paragraph 3 – point b (new)
Amendment 24 #
2020/2084(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Urges the creation of synergies between the Just Transition Fund and the Erasmus+, Creative Europe and the European Solidarity Corps to support projects aimed at repurposing spaces affected by closures as a result of their efforts to transition towards a climate- neutral economy to accommodate new cultural initiatives, educational projects, social efforts or to preserve industrial heritage;
Amendment 28 #
2020/2084(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Stresses that a social protection schema is important for a just transition, as it enables workers and their families to meet basic needs, including the provision of both early childhood and long-term education, as well as to feel empowered to engage in lifelong learning actions and move into new jobs and sectors;
Amendment 30 #
2020/2084(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Highlights the appropriateness of broadening Erasmus+ programme sections supporting education and training to be developed in depopulated areas to contribute to benefiting social preservation, fostering cultural heritage curation, and promoting environmental sustainability;
Amendment 38 #
2020/2084(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Calls the Just Transition Fund to support the creative and cultural sector as key sectors that can help in the creation of new opportunities and jobs in the territories, in particular when projects include sustainable best practices and foster sustainability, energy efficiency and the protection of the environment;
Amendment 46 #
2020/2084(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Calls on governments and employsocial partners to invest in programmes and measures to ensure that vulnerable individuals have the skills necessary for a successful transition to a zero-emission economy;
Amendment 2 #
2020/2073(INL)
Motion for a resolution
Citation 1 a (new)
Citation 1 a (new)
- having regard to the Charter of Fundamental Rights of the European Union and in particular Articles 7, 8, 11, 16, 17(2), 47 and 52 thereof,
Amendment 4 #
2020/2073(INL)
Draft opinion
Paragraph 2
Paragraph 2
2. Recalls also that sport promotes and teaches values such as tolerance, solidarity, cooperation, and civic engagementmutual respect and understanding, solidarity, diversity, fairness, cooperation, and civic engagement; emphasizes that sport knows no borders and unites people from different socioeconomic backgrounds;
Amendment 19 #
2020/2073(INL)
Draft opinion
Paragraph 4
Paragraph 4
4. Considers that broadcasting rights to live sport events constitute the primary source of income for professional sport in the Union and that such events represent an important source of content for media operators; Underlines the need to strike a balance between the rights of sports organisers and the rights of the free media with regards to freedom of expression and freedom of the press; Notes that such income is vital for the development of grassroots sports given that in many European countries redistribution to grassroots sport depends directly on revenue from sports broadcasting rights;
Amendment 20 #
2020/2073(INL)
Motion for a resolution
Recital A a (new)
Recital A a (new)
Aa. whereas sport plays a key role in the social, cultural and economic prosperity of the Union and promotes common values of solidarity, diversity and social inclusion;
Amendment 21 #
2020/2073(INL)
Motion for a resolution
Recital A b (new)
Recital A b (new)
Ab. whereas fan culture, built upon the freedom to share and live the sports experience both in real time and preceding or following live sports events, is an essential element of the role that sport plays in European society;
Amendment 23 #
2020/2073(INL)
Motion for a resolution
Recital A c (new)
Recital A c (new)
Ac. whereas the meaning and scope of the fundamental rights enshrined in the Charter are to be determined in accordance with the corresponding case law by the European Court of Human Rights;
Amendment 24 #
2020/2073(INL)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Emphasizes that amateur sports is the basis for the professional level, as the small sports clubs at the grassroots level make a significant contribution to the development of young athletes and mostly work on a voluntary basis; Stresses the importance of grassroots sports in promoting social inclusion, especially as regards people with fewer opportunities, and in moving youth away from involvement in violence, including gender-based violence, crime and drug use; Notes that a fair distribution key is required for the income from broadcasting rights that does not leave amateur sports behind;
Amendment 27 #
2020/2073(INL)
Motion for a resolution
Recital B
Recital B
B. whereas the illegal transmission of sport events not only causes significant economic harm to the sector, which results in losses in subscription and advertising revenue, but is also harmful for fans and consumers often as part of the activities of criminal organisations, that are also harmful for consumers;
Amendment 29 #
2020/2073(INL)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
Amendment 31 #
2020/2073(INL)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6 a. Recalls that end users may endure the consequences of accessing unlicensed stream content by exposing themselves to other forms of harm, including identity theft and other online related intrusions;
Amendment 36 #
2020/2073(INL)
Motion for a resolution
Recital D
Recital D
D. whereas action should focus on the root cause of illegal content streams, namely illegal website enablers and not on individuals, including fans and consumers, who unwillingly and unknowingly are involved in illegal streaming;
Amendment 39 #
2020/2073(INL)
Draft opinion
Paragraph 8 a (new)
Paragraph 8 a (new)
8 a. Emphasizes that fan culture is an indispensable part of the sports experience and not just a backdrop for marketing a product;
Amendment 40 #
2020/2073(INL)
Draft opinion
Paragraph 8 b (new)
Paragraph 8 b (new)
Amendment 44 #
2020/2073(INL)
Motion for a resolution
Recital E
Recital E
E. whereas the professional illegal transmission of a whole sport event should be distinguished from short sequences shared among and by fans andthat pertaining to a fan culture and from content shared by journalists and news reporters for the purpose of informing the general public as set out in the Audiovisual Media Services Directive and in the exercise of their right to freedom of expression;
Amendment 45 #
2020/2073(INL)
Draft opinion
Paragraph 10
Paragraph 10
10. Underlines that the legal offers of sports content should be better promoted in the Union and calls on the Commission to take measures that make it easier to find legal offers of sports content and to regularly update the list of such offers on Agorateka.eu; Stresses that the responsibility for illegal online activities primarily rests with the providers of streams and platforms, not the consumers, who often unintentionally come across illegal online content and should be further informed on the legal options available;
Amendment 49 #
2020/2073(INL)
Motion for a resolution
Recital E a (new)
Recital E a (new)
Ea. whereas certain major sports events are of general public interest and access to real-time information about them should therefore be guaranteed for all citizens and not be subject to undue or illegal restrictions; whereas this also concerns the journalists and news reporters who may provide such real-time information;
Amendment 52 #
2020/2073(INL)
Draft opinion
Paragraph 12
Paragraph 12
12. Calls on the Commission to present without delay a legislative proposal to address the problem of online piracy of sports broadcasts, because there is no single legal framework in the Member States and certainly not in third countries; Stresses the need for a Union-wide Regulation to provide a wide response to illegal broadcasting by regulating the responsibility of the platforms that host such illegal broadcasts;
Amendment 54 #
2020/2073(INL)
Draft opinion
Paragraph 12 a (new)
Paragraph 12 a (new)
12 a. Emphasizes that the protection of intellectual property rights is a fundamental right enshrined in the Charter of Fundamental Rights; recalls, in this sense, that the protection of copyright must not lead to the erosion of fundamental rights such as freedom of expression, freedom of the press and consumer privacy online;
Amendment 60 #
2020/2073(INL)
14. Calls for the removal of, or blocking of access to, infringing live sport broadcasts from online intermediaries to be immediate, or as fast as possible within a maximum of 30 minutes, after the receipt of notification from rights holders in order to be effective;
Amendment 60 #
2020/2073(INL)
Motion for a resolution
Recital H
Recital H
H. whereas, however, the current legal framework does not allow for the immediate action needed to remedy the illegal broadcast of live sport events; whereas, moreover, some Member States have adopted different rules on notice and action mechanisms that are not harmonised at Union level;
Amendment 65 #
2020/2073(INL)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Requests that the Commission submit without undue delay, after carrying out the necessary impact assessments and stakeholder consultations, submit a proposal for legislative acts, following the recommendations set out in the Annex hereto;
Amendment 69 #
2020/2073(INL)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Acknowledges that intellectual property rights are important for sport events’ organisers, as their exploitation represents a source of income, in particular in relation to the licensing of broadcasting rights for the sport events they organise; emphasizes the importance of this income for the funding and investment in grass roots sport, or amateur sports, and its contribution to society as an equalizer of people from different socio-economic backgrounds, with different physical abilities and of different genders.
Amendment 76 #
2020/2073(INL)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Considers that tackling online piracy of sport events that are broadcast “live” and whichose economic value lies in the “live” broadcast is the mainonly challenge that sport events’ organisers face which may require a legislative response at Union level;
Amendment 85 #
2020/2073(INL)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Stresses that, given the specific nature of live sport events broadcast and the fact that their value is mainly limited to the duration of the sport event in question, enforcement procedures need to be as swift as possible and to allow for immediatethe timely and efficient removal of illegal content;
Amendment 88 #
2020/2073(INL)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Considers, however, that the current legal framework for injunction and for notice and take down mechanisms does not allowways guarantee for an effective and timely enforcement of rights to remedy the illegal broadcast of live sport events; considers, therefore, that concrete measures, specific for live sport event broadcasts, should be adopted to adapt the current legal framework to fit these specific challenges and to allow for the promptimely and efficient removal of illegal sport events broadcasts online; is of the view that real-time take down, provided that there are no doubts about the ownership of the right concerned and the fact that the transmission was not authorised should be the sole objective to pursue;
Amendment 96 #
2020/2073(INL)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Underlines, also, that the general framework provided for by Union law is not applied in a similar way in national legislation and that civil procedure and notice and take down mechanisms differ from one Member State to another; is of the view that there is a lack of efficiency of enforcement tools in the cross-border context; calls for furtherwelcomes efforts to harmonisation ofe the procedures and remedies in the Union in this specific contexte context of the Digital Services Act package;
Amendment 101 #
2020/2073(INL)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Recalls that the Directive on electronic commerce provides that certain online service providers are to act expeditiously to remove or disable access to illegal information they store, upon obtaining actual knowledge or awareness thereof, through notices submitted to them; maintains that the notice and action procedure should form the basis for measures addressing illegal content in the Union; considers, however, that the current notice and take down procedure does not allow forways guarantee swift enforcement in a way that provides effective remedies, considering the specific characteristic of “live” sport events; underlines that all provisions to be taken must be in line with the future Digital Services Act;
Amendment 105 #
2020/2073(INL)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Calls on the Commission to propose concrete measures specifically adapteding notice and action procedures to live sport events allowing for immediatethe timely and efficient removal of, or the disabling of access to, content, including a real-time take down procedureillegal broadcasts, where there are no doubts about the ownership of the right concerned and the fact that the transmission was not authorised; stresses, nevertheless, that the core provisions of the Directive on electronic commerce, such as the prohibition of general monitoring obligations and the limited liability regime, must be upheld;
Amendment 111 #
2020/2073(INL)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Notes that injunction procedures are relatively long and do not cope with the specific issue of illegal broadcasting of sport events; stresses the existence of practices developed at national level, such as live injunctions and dynamic injunctions, that have proved to be solutions to tackle piracy of sport events broadcasts more efficiently; calls fon the Commission to explore the possible introduction in Union law of injunction procedures aimed at allowing real-time blocking of access to or removal ofddressing illegal online live sport content in real time, based on the model of “live” blocking orders and “dynamic injunctions”, including an evaluation of the efficiency of such measures and their impact on fundamental rights online;
Amendment 114 #
2020/2073(INL)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Recognises that injunction procedures to remove illegal sport events broadcast online, irrespective of the manner of their implementation, must ensure that the measures strictly target the illegal content and do not lead to the arbitrary and excessive blocking of legal content;
Amendment 115 #
2020/2073(INL)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Emphasises the need for safeguards to ensure that the legal framework strikes the right balance between the need for efficiency of enforcement measures and the need to protect third party rights, including access to effective judicial remedy, appropriate information about the alleged infringement for the affected service providers and internet users, and adequate safeguards in relation to the protection of personal data;
Amendment 121 #
2020/2073(INL)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Stresses that the responsibility for the illegal broadcasting of sports events does not lie with fans and consumers;
Amendment 139 #
2020/2073(INL)
Motion for a resolution
Annex I – part 1 – paragraph 1 – indent 3
Annex I – part 1 – paragraph 1 – indent 3
- to further assess the need to harmonise, without prejudice to the general Union framework to be defined in a Digital Services Act, procedures and remedies in the Union to boost the efficiency of enforcement tools, including in the cross- border context;
Amendment 144 #
2020/2073(INL)
Motion for a resolution
Annex I – part 1 – paragraph 1 – indent 4
Annex I – part 1 – paragraph 1 – indent 4
- to improve enforcement tools to allow for real-time take down ofevaluate the efficiency of enforcement tools addressing illegal live sport content, considering their need for effective notice and take down mechanisms which imply immediatetimely and efficient measures to be taken;
Amendment 152 #
2020/2073(INL)
Motion for a resolution
Annex I – part 1 – paragraph 1 – indent 7 a (new)
Annex I – part 1 – paragraph 1 – indent 7 a (new)
- to clarify that the responsibility for the illegal broadcasting of sports events does not lie with fans and consumers;
Amendment 154 #
2020/2073(INL)
Motion for a resolution
Annex I – part 2 – paragraph 1 – introductory part
Annex I – part 2 – paragraph 1 – introductory part
Without prejudice to the modification, in the framework of a future Digital Services Act, of the general rules regarding the manner in which illegal online content is tackled by online intermediaries , Directive 2000/31/EC (the Directive on electronic commerce) should be amended or, specific provisions regarding the rights of sport events organisers should be introduced in Union legislation, in order to:
Amendment 158 #
2020/2073(INL)
Motion for a resolution
Annex I – part 2 – paragraph 1 – indent 1
Annex I – part 2 – paragraph 1 – indent 1
- clarify the concept behind the phrase “acts expeditiously” set out in Article 14 of the Directive on electronic commerce in relation to an online intermediary, such that “expeditiously” is considered to mean “immediately from the notification of the infringement by rightholders and by no later than 30 minutes after the starthalf-time of the sport event”. in question;
Amendment 169 #
2020/2073(INL)
Motion for a resolution
Annex I – part 2 – paragraph 2 – indent 3
Annex I – part 2 – paragraph 2 – indent 3
Amendment 171 #
2020/2073(INL)
Motion for a resolution
Annex I – part 2 – paragraph 2 – indent 4
Annex I – part 2 – paragraph 2 – indent 4
- specify that the removal of the illegal content should take place immediately after reception of the notice and by no later than 30 minutes after the event startedhalf-time of the sport event in question, provided that there is no doubt about who owns the content and whether any direct or indirect consent was given by the rightholders to make the content available to the public; strong indication should be put on the rightholders torightholders should also be held responsible for preventing any removal of legal content; to that end, blocking access to or removing illegal content should in principle not require blocking the access to a server that hosts legal services and content;
Amendment 5 #
2020/2038(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Acknowledges the need to strike a balance between economic, social, cultural and environmental needs in order to comprehensively ensure the mid-term and long-term sustainability of tourism;
Amendment 8 #
2020/2038(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Recognises that cultural tourism has significant potential to generate growth and jobs in the EU, with as many as four in ten tourists already choosing their destination on the basis of its cultural offering; notes, however, that cultural heritage offerings only recoup a minimal share of the economic value they generate, requiring thus new, alternative and stable sources of funding to continue to serve as the basis for sustainable tourism;
Amendment 9 #
2020/2038(INI)
2. Recognises that cultural tourism has significant potential to generate growth and jobs in the EU, with as many as four in ten tourists already choosing their destination on the basis of its cultural offering; notes, however, that cultural offerings only recoup a minimal share of the economic value they generate, requiring thus new, alternative and stable sources of funding to continue to act as catalysers of sustainable tourism;
Amendment 15 #
2020/2038(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Believes that cultural tourism can act as catalyst for strengthening the mutual understanding of European citizens by allowing them to discover the differences but also the shared values underpinning an European cultural heritage that is more than the sum of its parts;
Amendment 20 #
2020/2038(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Points out that the existence of cultural heritage sites encourages people to travel and learn about different societies and cultures, thus promoting diversity, cohesion, social inclusion, solidarity and shared citizenship, dialogue and mutual understanding; recalls that 72 % of a survey group aged between 15-24 agree that the presence of cultural heritage can have an influence on their choice of holiday destination; highlights the role that the DiscoverEU initiative can play in this regard; notes, however, that the initiative has not benefited young people equally; calls on the Commission to find ways to better involve young people from socially disadvantaged backgrounds, from rural and remote areas of the Member States, and from Member States without good rail links to other EU countries;
Amendment 28 #
2020/2038(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Calls on the Member States to further promote sustainable cultural tourism, paying particular attention to local economies, lifestyles and traditions and ensuring that local industries and communities are closely involved; considers that support measures should be put forward for those regions in need to transition towards sustainable tourism models;
Amendment 41 #
2020/2038(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Insists on the need, without prejudice to the principle of subsidiarity, to develop, promote and supplement the capacities of the Member States in education and training in the field of sustainable tourism;
Amendment 50 #
2020/2038(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Is concerned about the impact on cultural heritage sites of poorly managed tourism and, uncontrolled development; and excessive commodification; urges the Member States to put strong mechanisms in place to prevent unsustainable tourism flows and calls on the Commission to propose concrete measures to preserve and protect cultural heritage in the light of these human-made hazards;
Amendment 51 #
2020/2038(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Is concerned about the impact on cultural heritage sites of poorly managed unsustainable tourism flows and uncontrolled development; calls on the Commission to propose concrete measures to preserve and protect cultural heritage in the light of these human-made hazards;
Amendment 52 #
2020/2038(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Is concerned about the impact on cultural heritage and environmental sites of poorly managed tourism and uncontrolled development; calls on the Commission to propose concrete measures to preserve and protect cultural heritage in the light of these human-made hazards;
Amendment 57 #
2020/2038(INI)
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Note that within cultural tourism, different types of tourism can be distinguished, such as historical tourism (material and immaterial heritage), gastronomic tourism, literary tourism, film tourism, and even music tourism (festivals and concerts); therefore, the Member States must propose measures in favour of sustainable tourism appropriate to each type;
Amendment 58 #
2020/2038(INI)
Draft opinion
Paragraph 8
Paragraph 8
8. Highlights the important role European initiatives can play in encouraging travel to less well-known and less popular destinations and rural areas and low-season travel so as to promote sustainability and accessibility in tourism, especially for persons with disabilitievoid overcrowding in many destinations.
Amendment 59 #
2020/2038(INI)
Draft opinion
Paragraph 8
Paragraph 8
8. Highlights the important role that European initiatives can play in encouraging travel to less well-known and less popular destinations and rural areas and low-season travel so a; recommends further efforts to promote sustainability and accessibility in tourism, especially for personsall the more so in view of the current unprecedented COVID-19 pandemic and the ensuing need for physical distancing and discouraging of large public gatherings in cultural sites, especially for the elderly and people with disabilities.
Amendment 63 #
2020/2038(INI)
Draft opinion
Paragraph 8
Paragraph 8
8. Highlights the important role European initiatives can play in encouraging travel to less well-known and less popular destinations and rural areas and low-season travel so as to promote sustainability and accessibility in tourism, especially for persons with disabilities; calls on the European Commission to promote participation of senior EU citizens in sustainable tourism, considering their higher mobility during low-season and the lack of dedicated EU programmes allowing this demographic to deepen their knowledge of Europe and engage in exchanges with fellow Europeans.
Amendment 66 #
2020/2038(INI)
Draft opinion
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Stresses that cultural tourism and events are among the hardest hit during the Covid-19 pandemic due to travel restrictions, the closure of cultural sites and the collective nature of many tourism and cultural initiatives; calls on the European Commission for a throughout analysis of the impact of the Covid-19 pandemic on cultural tourism; stresses the need to include tourism as a priority area in the future EU recovery plan; notes that particular attention should be paid to countries where tourism is a strategic industry and to less well-known and less popular destinations, rural areas, islands and outermost regions;
Amendment 67 #
2020/2038(INI)
Draft opinion
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Promote and guarantee accessibility in tourism to all sectors of the population, especially those most vulnerable sectors such as the elderly or disabled;
Amendment 69 #
2020/2038(INI)
Draft opinion
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Stresses the importance of promoting environmentally respectful initiatives to protect, develop and enhance the industrial heritage of the regions in transition, namely coal regions in transition, to open up new economic and professional opportunities in those areas;
Amendment 3 #
2020/2022(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Points out that fundamental rights constitute an objective system of values which ensures that fundamentaland comprehensive system of values and principles, such as the right to privacy of communications, freedoms are not alterable of expression and media freedom and pluralism, and recalls that these freedoms should be respected, including by private-law agreements or business terms and conditions;
Amendment 15 #
2020/2022(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Calls for all protective measures which might at the same time be detrimental to fundamental rights to remain tasks for the State that are subject to thorough judicial review and for no public-authority tasks to be transferred to private-sector firmto be applicable in respect of fundamental rights and recalls the obligation for platforms as well as other online services, to immediately remove illegal and unlawful content of their platform and services, notwithstanding the surveillance role of public authorities;
Amendment 21 #
2020/2022(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Stresses that any monitoring of their content applied by online platform and other services should be submitted to rigorous and transparent standards, known by their users, and enable an effective right to appeal decisions, first to the online platform or service, but also to a public authority;
Amendment 29 #
2020/2022(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Calls for recognition of the fact that services developed in the EU which guarantee effective and comprehensive privacy and data protection and promotes maximum digital freedomneutrality represent an advantage in global competition that should not be underestimated, and calls on the Commission to promote their development in a more targeted manner;
Amendment 35 #
2020/2022(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Calls for sector-specific rules that serve to realise society-wide objectives and give tangible expression to them for certain sectors, such as the Audiovisual Media Services Directive (AVMSD) or the Copyright Directive, to take precedence over general rules.
Amendment 1 #
2020/2019(INL)
Draft opinion
Paragraph 1
Paragraph 1
1. CRecalls for steps to be taken to safeguard the availability of content for whichthat free and pluralistic media are the backbone of our democratic societies; recalls that traditional media services are strongly regulated, including by self-regulation, in order to ensure freedom of expression and editorial fresponsibility is taken or which is produced by journalists and all other media that areedom for the content published in their media; calls for steps to be taken to ensure that the same principles apply to online and offline media services in order to establish a level playing field; considers that it is important to safeguard content for which editorial responsibility is taken or which is already subject to a generally recognised independent oversight, when such content is available on other platforms or in other services, so that their contenit is not subjected to any further controlsthe same rules and supervision;
Amendment 2 #
2020/2019(INL)
Motion for a resolution
Citation 3 a (new)
Citation 3 a (new)
- having regard to Directive (EU) 2019/790 of the European Parliament and of the Council of 17April 2019 on copyright and related rights in the Digital Single Market and amending Directives 96/9/EC and 2001/29/EC,
Amendment 9 #
2020/2019(INL)
1 a. Recalls that transparency obligations on media platforms and services operating online should also apply to their ownership and their funding sources;
Amendment 14 #
2020/2019(INL)
Draft opinion
Paragraph 2
Paragraph 2
2. NPoints out that the media services using automated procedures may be also subject to the ethical principles of transparency and accountability as well as human oversight; notes that communication always takes place in a given context, which is why automated procedures may support individual decisions on the legality of content, but may under no circumstances replace thembe subject to human control;
Amendment 17 #
2020/2019(INL)
Motion for a resolution
Recital A a (new)
Recital A a (new)
Aa. whereas Directive (EU) 2018/18081 has recently updated many of the rules applicable to audiovisual media services, including video-sharing platforms, and must be implemented by Member States by 19 September 2020.
Amendment 18 #
2020/2019(INL)
Motion for a resolution
Recital A b (new)
Recital A b (new)
Ab. whereas Directive (EU) 2019/790 of the European Parliament and of the Council of 17 April 2019 on copyright and related rights in the Digital Single Market and amending Directives 96/9/EC and 2001/29/EC, have established new rules for online content-sharing providers and must be implemented by Member States by 7 June 2021.
Amendment 20 #
2020/2019(INL)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. Notes that the fight against disinformation, misinformation and mal- information spreading on media platforms, including social media platforms, requires significant corporate social responsibility, based on trust and transparency, in order to counter propaganda and hate speech undermining the Union principles and values;
Amendment 36 #
2020/2019(INL)
Motion for a resolution
Recital E
Recital E
E. whereas content hosting platforms evolved from involving the mere display of content into sophisticated bodies and market players, in particular in the case of social networks that harvest and exploit usage data; whereas users have reasonable grounds to expect fair terms for the usage of such platforms and for the use that platforms make of the users’ data; ;
Amendment 40 #
2020/2019(INL)
Motion for a resolution
Recital E a (new)
Recital E a (new)
Ea. whereas transparency of digital services and content hosting platforms could contribute to increasing the significant form of trust in them by companies and users of these services.
Amendment 50 #
2020/2019(INL)
Motion for a resolution
Recital G
Recital G
G. whereas upholding the law in the digital world does not only involve effective enforcement of rights, but also, in particular, ensuring access to justice for all; whereas delegation of the taking of decisions regarding the legality of content or of law enforcement powers to private companies can undermine the right to a fair trial and risks not to provide an effective remedyfundamental rights, in particular, freedom of expression and information, privacy, safety and security, non-discrimination, respect to property, including intellectual property rights and ensuring access to justice for all;
Amendment 57 #
2020/2019(INL)
Motion for a resolution
Recital H
Recital H
H. whereas content hosting platforms often employ automated content removal mechanisms that in some cases can raise legitimate rule of law concerns, in particular when they are not encouraged by Union laws to employ such mechanisms pro-actively and voluntarily, resulting in content removal takingwould take place without a clear legal basis, which is in contravention of Article 10 of the European Convention on Human Rights, stating that formalities, conditions, restrictions or penalties governing the exercise of freedom of expression and information must be prescribed by law;
Amendment 67 #
2020/2019(INL)
Motion for a resolution
Recital J
Recital J
J. whereas the current business model of certain content hosting platforms is to promote content that is likely to attract the attention of users and therefore generate more profiling data in order to offer more effective targeted advertisements and thereby increase profit; whereas this profiling coupled with targeted advertisement oftecan leads to the amplification of content based on addressinggeared to emotions, often giving rise to the fuelling of sensationalism in news feed and recommendation systems;
Amendment 106 #
2020/2019(INL)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Considers that anythe final decision on the legality of user-generated content must be made by an independent judiciary and not a private commercial entity;
Amendment 130 #
2020/2019(INL)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Suggests that content hosting platforms regularly submit transparency reports to the European Agency, concerning the compliance of their terms and conditions with the provisions of the Digital Services Act; further suggests that content hosting platforms publish theiris report including the number of decisions on removing user-generated content on a publicly accessible database;
Amendment 146 #
2020/2019(INL)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Takes the firm position that the Digital Services Act must not containshall avoid provisions forcing content hosting platforms to employ any form of fully automated ex-ante controls of content, unless otherwise specified in existing legal texts, and considers that any such mechanism voluntarily employed by platforms must be subject to audits by the European Agency to ensure that there is compliance with the Digital Services Act;
Amendment 286 #
2020/2019(INL)
Motion for a resolution
Annex I – part A – part I – section 2 – indent 4 – subi. 1 a (new)
Annex I – part A – part I – section 2 – indent 4 – subi. 1 a (new)
- failure to implement any other obligations with regard to content moderation;
Amendment 313 #
2020/2019(INL)
Motion for a resolution
Annex I – part A – part I – section 3 –– indent 1 – subi. 1
Annex I – part A – part I – section 3 –– indent 1 – subi. 1
- the total number of notices received and the action taken accordingly,
Amendment 362 #
2020/2019(INL)
Motion for a resolution
Annex I – part B – recital 4
Annex I – part B – recital 4
(4) Given the detrimental effects of the fragmentation of the digital Single Market, the international character of content hosting, the great amount of illegal or harmful uploaded content and the dominant position of a few content hosting platforms located outside the Union, the various issues that arise in respect of content hosting need to be regulated in a manner that entails full harmonisation and therefore by means of a regulation;
Amendment 379 #
2020/2019(INL)
Motion for a resolution
Annex I – part B – recital 9
Annex I – part B – recital 9
(9) This Regulation should not containavoid provisions forcing content hosting platforms to employ any form of fully automated ex- ante control of content unless otherwise specified in existing legal texts.
Amendment 389 #
2020/2019(INL)
Motion for a resolution
Annex I – part B – recital 12
Annex I – part B – recital 12
(12) After a notice has been issued, the uploader should be informed by the hosting platform about it and in particular about the reason for the notice and for the action taken, be provided information about the procedure, including about appeal and referral to independent dispute settlement bodies, and about available remedies in the event of false notices. Such information should, however, not be given if the content hosting platform has been informed by public authorities about ongoing law enforcement investigations. In such case, it should be for the relevant authorities to inform the uploader about the issue of a notice, in accordance with applicable rules.
Amendment 444 #
2020/2019(INL)
Motion for a resolution
Annex I – part B – Article 6 –point c
Annex I – part B – Article 6 –point c
(c) the deadline for the content hosting platform to expeditiously treat a notice and take a decision;
Amendment 445 #
2020/2019(INL)
Motion for a resolution
Annex I – part B – Article 6 –point d
Annex I – part B – Article 6 –point d
(d) the deadline for the content hosting platform to inform both parties about the outcome of the decision. which should include a justification for the action taken
Amendment 450 #
2020/2019(INL)
Motion for a resolution
Annex I – part B – Article 8 –introductory part
Annex I – part B – Article 8 –introductory part
Upon a notice being issued, and before any decision on the content has been made, the uploader of the content in question shall receive the following information by the content hosting platform:
Amendment 451 #
2020/2019(INL)
Motion for a resolution
Annex I – part B – Article 8 –– point a
Annex I – part B – Article 8 –– point a
(a) the reason for the notice and for the action taken;
Amendment 459 #
2020/2019(INL)
Motion for a resolution
Annex I – part B – Article 9 – point 2
Annex I – part B – Article 9 – point 2
2. Following a notice, content hosting platforms shall decide to remove, take down or make invisible content that was the subject of a notice, if such content does not comply with legal and regulatory requirements, community guidelines or terms and conditions.
Amendment 460 #
2020/2019(INL)
Motion for a resolution
Annex I – part B – Article 9 – point 2 a (new)
Annex I – part B – Article 9 – point 2 a (new)
2a. Content hosting platforms shall put in place measures to ensure that previously notified and removed content is not reuploaded online, through the establishment of a clear stay down obligation.
Amendment 472 #
2020/2019(INL)
Motion for a resolution
Annex I – part B – Article 12 – paragraph 1
Annex I – part B – Article 12 – paragraph 1
Without prejudice to judicial or administrative orders regarding content online, content that has been theaken down subject to a valid notice related to the legality of the content, shall remain down until a final decision has been taken in case of appeal by the uploader. On the contrary, content that has been subject tof a notice related to its harmfulness, shall remain visible until a final decision has been taken regarding its removal or takedown.
Amendment 3 #
2020/2018(INL)
Draft opinion
Recital A a (new)
Recital A a (new)
Aa. Whereas the aim of a review of the DSA is to update the civil and commercial laws governing responsibility for online platforms and hosting service providers to provide certainty and safety for companies, users and society as a whole.
Amendment 11 #
2020/2018(INL)
Draft opinion
Paragraph 1
Paragraph 1
1. Stresses that wherever it is technically and legally possible and reasonable, intermediaries should be required to enable the anonymous use of their services and payment for them, since anonymity effectively prevents unauthorised data disclosure and identity theft; notes that where the Directive on Consumer RightsUnion law requires commercial traders to communicate their identity, providers of majoronline market places could be obliged to verify their identity of the traders acting in a professional or non-professional capacity, while in other cases the right to use digital services anonymously shcould be upheld;
Amendment 19 #
2020/2018(INL)
Draft opinion
Paragraph 2
Paragraph 2
2. Calls on platform operators not only to immediately delete illegal content after positive identification, but also to continuously transmit it to the law enforcemcompetent authorities for the purpose of further prosecution, including the metadata necessary for this purpose,;
Amendment 26 #
2020/2018(INL)
Draft opinion
Paragraph 2
Paragraph 2
2. Notes that since the online activities of individuals allow for deep insights into their personality and make it possible to manipulate them, the collection and use of personal data notably by systemic platforms and social networks concerning the use of digital services, should be subjected to a specific privacy framework and limited to the extent necessary to provide and bill the use of the service;
Amendment 29 #
2020/2018(INL)
Draft opinion
Paragraph 3
Paragraph 3
3. Insists that the protection and promotion of freedom and diversity of opinion, information, the press and cultural forms of expression, as well as the protection of the privacy of communication between individuals, form the basis of liberal democracy and that this applies online without restriction; demands therefore that the use of all technologically feasible means of combating harmful or illegal content on the internet in this context be subjected to careful prior constitutional vetting and therefore rejects prior checks on content as disproportionateis also aware of the possible conflict between these freedoms and other fundamental rights, such as security and property - including intellectual property - and of the possibly irreparable consequences of failure to ensure prior control of certain content; demands therefore that the use of all technologically feasible means of combating harmful or illegal content on the internet in this context be subjected to rigorous standards that are known to users in advance; stresses the need to notify users in real time of the activation of such controls and the existence of an effective and adaptable appeals procedure, firstly with the private supplier and then with an administrative authority;
Amendment 31 #
2020/2018(INL)
Draft opinion
Paragraph 3
Paragraph 3
3. Notes that automated tools are unable to differentiate illegal content from content that is legal in a given context; highlights that human review of automated reports by service providers does not solve this problem as private staff lack the independence, qualification and accountability of public authorities; stresses, therefore,could improve the functioning of content recognition technologies to differentiate illegal content from content that is legal where it is legally provided and could enhance existing practices if use in combination with human review and an increased transparency on their functioning; underlines that to ensure the well-being and independence of the personnel, the staff should receive proper training and adequate psychological support to develop skills that help them and to discern on the need to collaborate with public authorities where needed; stresses that the Digital Services Act should explicitly prohibit any obligation on hosting service providers or other technical intermediaries to use automated tools for content moderation, and refrain from imposing notice-and- stay-down mechanismsunless otherwise specified in existing legal text; insists that content moderation procedures used by providers should not lead to any ex-ante control measures based on automated tools or upload-filtering of general monitoring of uploaded content;
Amendment 41 #
2020/2018(INL)
4. Stresses that the final responsibility for enforcing the law, deciding on the legality of online activities and ordering hosting service providersshould always rest with independent judicial and other competent public authorities; hosting service providers has a duty of care to ensure a safe online environment for users and therefore their responsibility to remove or disable access to illegal content as soon as possible should rest with independent judicial authoritiesbe based on existing legislation and jurisprudence; considers that only a hosting service provider that has actual knowledge of illegal content and its illegal nature, through a valid notice, should be subject to content removal obligations and to ensure that the same illegal content cannot be re-uploaded;
Amendment 54 #
2020/2018(INL)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Stresses that the Digital Services Act should be applied without prejudice to the provisions of the Directive on copyright and related rights in the Digital Single Market (Copyright Directive); notes that an 'online content-sharing service provider' as defined in Article 2(6) of the Copyright Directive has responsibilities regarding copyright- protected material and that the safe harbour provisions of the E-Commerce Directive or any similar provisions of the Digital Services Act possibly applicable to these platforms do not apply in such cases;
Amendment 60 #
2020/2018(INL)
Draft opinion
Paragraph 5
Paragraph 5
5. Emphasises that the spread of disinformation such as false and racist information on social media should be contained, also by giving users control over content proposed to them; stresses that curating content on the basis of tracking user actions should require the user’s consent; proposes that users of social networks should have a right to see their timeline in chronological order; suggests that dominant platforms should provide users with an API to have content curated by software or services of their choice;
Amendment 70 #
2020/2018(INL)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Stresses that online marketplaces should be forbidden from imposing a locked ecosystem for the use of digital products sold on their services; a high level of interoperability should be ensured by providing these products in a format that do not limit the use of the product exclusively to a certain proprietary digital ecosystem.
Amendment 3 #
2020/2017(INI)
Motion for a resolution
Citation 1 a (new)
Citation 1 a (new)
- having regard to the Charter of Fundamental Rights of the European Union,
Amendment 4 #
2020/2017(INI)
Motion for a resolution
Citation 1 b (new)
Citation 1 b (new)
- having regard to the proposal for a Regulation of the European Parliament and of the Council of 6 June 2018 establishing the Digital Europe Programme for the period 2021-2027 (COM(2018)0434),
Amendment 5 #
2020/2017(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Underlines that artificial intelligence (AI) and related technologies are a tool to serve the people and that algorithmic systems can enable access to information, including listings of different kinds of cultural objects; notes the risks of intellectual property rights (IPR) infringement when blending AI and different technologies with a multiplicity of sources (documents, photos, films)and contribute to the general interest of citizens and that they can enable access to education, culture and information, including educational platforms, listings of different kinds of cultural objects and a multitude of data sources; notes that the use of data sources such as documents, photos or films used by AI and related technologies may be subject to intellectual property rights;
Amendment 6 #
2020/2017(INI)
Motion for a resolution
Citation 6 a (new)
Citation 6 a (new)
- having regard to the report of 8 April 2019 of the High-Level Expert Group on Artificial Intelligence set up by the Commission entitled ‘Ethics Guidelines for Trustworthy AI’,
Amendment 9 #
2020/2017(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. Highlights that consistent integration of Artificial Intelligence (AI) in education sector has the potential to face some of the biggest challenges of education, to come up with innovative teaching and learning practices, and finally, to accelerate the progress towards achieving sustainable development goals in order to accomplish with the 2030 Agenda for Education.
Amendment 9 #
2020/2017(INI)
Motion for a resolution
Citation 10 a (new)
Citation 10 a (new)
- having regard to its briefing of May 2020 on The Use of Artificial Intelligence in the Cultural and Creative Sectors,
Amendment 10 #
2020/2017(INI)
Motion for a resolution
Citation 10 b (new)
Citation 10 b (new)
- having regard to its in-depth analysis of May 2020 on The use of Artificial Intelligence in the Audiovisual Sector,
Amendment 11 #
2020/2017(INI)
Motion for a resolution
Citation 10 c (new)
Citation 10 c (new)
- having regard to the Council of the European Union’s conclusions of June 2020 on Shaping Europe’s Digital future,
Amendment 13 #
2020/2017(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. Highlights that education, culture and the audio-visual sector are areas sensitive to the use of AI and related technologies since they have the potential to impact our societies and the fundamental rights they uphold; contends therefore that legally binding ethical principles should be observed in their deployment, development and use;
Amendment 13 #
2020/2017(INI)
Motion for a resolution
Citation 13 a (new)
Citation 13 a (new)
- having regard to its study of April 2020 on Education and employment of women in science, technology and the digital economy, including AI and its influence on gender equality,
Amendment 14 #
2020/2017(INI)
Motion for a resolution
Citation 13 b (new)
Citation 13 b (new)
- having regard to the opinion of the European Economic and Social Committee of September 2018 on Digital Gender Gap,
Amendment 16 #
2020/2017(INI)
Draft opinion
Paragraph 1 b (new)
Paragraph 1 b (new)
1 b. Emphasises that European artificial intelligence should safeguard and promote core values of our Union such as democracy, independent and free media and information, quality education, environmental sustainability, gender balance and cultural and linguistic diversity;
Amendment 16 #
2020/2017(INI)
Motion for a resolution
Recital A
Recital A
A. whereas artificial intelligence (AI) technologies that can directly impact all aspects of our societies, including fundamental rights and social and economic principles and values are being developed at a fast pace, and are increasingly being used in education, culture and the audiovisual sector;
Amendment 20 #
2020/2017(INI)
Motion for a resolution
Recital A a (new)
Recital A a (new)
A a. whereas the development, deployment and use of AI technologies should observe Union law and values, operate in a frame of trustworthiness, and be guided by a human centric perspective, ensuring human dignity, human autonomy and safety rules;
Amendment 22 #
2020/2017(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Notes that AI could redefine research by studying patterns in interest in the acquisition and movement of cultural objects across borders; notes, furthermore, that predictive analytics can also play an important role in fine-tuning cultural data analysis;
Amendment 22 #
2020/2017(INI)
Motion for a resolution
Recital A b (new)
Recital A b (new)
A b. whereas the development, deployment and use of AI, including the software, algorithms and the data used or produced by them should be also guided by the ethical principles of transparency, explainability, fairness, accountability and responsibility;
Amendment 26 #
2020/2017(INI)
Motion for a resolution
Recital B
Recital B
B. whereas the availability of high- quality and meaningfulfair, transparent and reliable data is essential for the development of an ethical AI;
Amendment 29 #
2020/2017(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Notes that AI-improved image recognition softwaretechnologies could vastly enhance the ability of educational facilities and relevant actoteachers to provide and develop modern and innovative schooling methods while ensuring quality sources and respecting the protection of IPRsand fairness in education, non-discrimination and an adequate protection of personal data, in particular children’s data, through transparent and reliable data sources respectful of IPRs; such schooling methods should nevertheless be assessed as to their reliability and accuracy;
Amendment 29 #
2020/2017(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
B a. whereas the Union and its Member States have a particular responsibility to harness, promote and enhance the added value of AI technologies as well as to make sure that these technologies are safe and contribute to the well-being and general interest of the Europeans; whereas these technologies can make a huge contribution to reach our common goal of improving the lives of citizens and foster prosperity within the Union by contributing to the development of better strategies and innovation in a number of areas, namely in education, culture and the audiovisual sector;
Amendment 31 #
2020/2017(INI)
Motion for a resolution
Recital B b (new)
Recital B b (new)
B b. whereas certain adjustments to existing specific legal Union instruments may be necessary to reflect the digital transformation and to address new challenges posed by the use of AI technologies, also in the education, cultural and the audiovisual sector, such as the protection of personal data and privacy and against discrimination, promote gender equality, respect intellectual property rights, environmental protection and consumer’s rights;
Amendment 32 #
2020/2017(INI)
Draft opinion
Paragraph 3 – point a (new)
Paragraph 3 – point a (new)
(a) Notes that due to the significance that the AI could have in the education scenery, it is necessary a rigorous legal basis covering all digital tools to facilitate and enhance teaching activities thought aspects such as reporting educational contents or the improvement of teacher- student ratio.
Amendment 33 #
2020/2017(INI)
Motion for a resolution
Recital B c (new)
Recital B c (new)
B c. whereas in addition to adjustments to existing legislation, such legal and ethical questions relating to AI technologies, should be addressed through an effective, comprehensive and future-proof legal framework of Union law reflecting the Union’s principles and values;
Amendment 35 #
2020/2017(INI)
Motion for a resolution
Recital C
Recital C
C. whereas the use of AIAI and related technologies raises many concerns regarding the ethics and transparency of their development, deployment and use, including the software, algorithms and data collectioned, used, produced and disseminationed by them; whereas the benefits and risks of AI technologies in these sectors must be carefully assessed;
Amendment 37 #
2020/2017(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. Underlines the need to ensure EU- wide digital and AI literacy, namely through the development of training opportunities for teachers; insist that the use of AI technologies in schools should contribute to narrow down the social and regional digital gap.
Amendment 38 #
2020/2017(INI)
Draft opinion
Paragraph 3 b (new)
Paragraph 3 b (new)
3 b. Highlights that the COVID-19 pandemic crisis can be considered as a probation period for the development and use of digital and AI related technologies in the educational and cultural sectors, as exemplified by the many online schooling platforms and online tools for cultural promotion employed across the Member States; thus calls on the Commission to take stock of those examples when considering a common EU approach to the increased use of such technological solutions;
Amendment 38 #
2020/2017(INI)
Motion for a resolution
Recital C a (new)
Recital C a (new)
C a. whereas education and educational opportunities are a fundamental right; whereas therefore the AI technologies developed, deployed and used in the sector should qualify as high risk and be subject to stricter requirements of safety, transparency, fairness and accountability;
Amendment 40 #
2020/2017(INI)
Motion for a resolution
Recital D
Recital D
D. whereas high-quality, fast and secure pervasive connectivity, high- capacity networks, IT expertise and digital equipment and infrastructure are preconditions for the broad deployment of AI in the Union; whereas an equal deployment of such infrastructures and equipment along the Union is essential to tackle the persistent digital gap among regions and citizens in the Union;
Amendment 44 #
2020/2017(INI)
Motion for a resolution
Recital D a (new)
Recital D a (new)
D a. whereas addressing the gender gap on Sciences, Technologies, Engineering, Arts and Maths (STEAM) studies is absolutely necessary to ensure an equal and fair representation of the whole society when developing, deploying and using AI technologies, including the software, algorithms and data used and produced by them;
Amendment 47 #
2020/2017(INI)
Motion for a resolution
Recital E
Recital E
E. whereas it is essential to ensure that peoplecitizens in the Union acquire the necessary skillsa full digital literacy in order to prepare themselves for the increasing presence of AI and related technologies in all aspects of human activity;
Amendment 50 #
2020/2017(INI)
Draft opinion
Paragraph 5 – point a (new)
Paragraph 5 – point a (new)
(a) Highlights the future role that the inclusion of AI-based technological tools should have in the conservation, disclosure and heritage control, just as in the associated research projects.
Amendment 51 #
2020/2017(INI)
Draft opinion
Paragraph 5 – point b (new)
Paragraph 5 – point b (new)
(b) Stresses the significance that the proposals for legal measures have for a global and unified access to AI in all different artistic and cultural sectors.
Amendment 51 #
2020/2017(INI)
Motion for a resolution
Recital F
Recital F
F. whereas AI and related technologies can be used to improve learning and teaching methods, notably by helping education systems to use data to improve educational equity and quality, whilst promoting personalisation and better access to education; whereas that under no circumstance, the use of AI technologies in education systems can be used to increase the already existing digital and social gap;
Amendment 54 #
2020/2017(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. Asks the Commission to assess the impact of AI and AI related technologies in creating new audio-visual works such as deep fakes and to establish the appropriate legal consequences attached to their creation, production or distribution for malicious purposes.
Amendment 58 #
2020/2017(INI)
Motion for a resolution
Recital G
Recital G
G. whereas culture plays a central role in the use of AI technologies at scale and is emerging as a key discipline for cultural heritage thanks to the development of innovative technologies and tools and their effective application to respond to the needs of the sector;
Amendment 60 #
2020/2017(INI)
Motion for a resolution
Recital G a (new)
Recital G a (new)
Amendment 62 #
2020/2017(INI)
Motion for a resolution
Recital H
Recital H
H. whereas AI technologies can be used to create innovative ways to make datasets of cultural artefacts held by cultural institutions across the Union widely accessible whilst allowing users to navigate the vast amount of cultural and creative content;
Amendment 63 #
2020/2017(INI)
Motion for a resolution
Recital H a (new)
Recital H a (new)
H a. whereas AI technologies contribute to the creation, planning, managing, production, distribution, localisation and consumption of audiovisual media products;
Amendment 69 #
2020/2017(INI)
Motion for a resolution
Recital I
Recital I
I. whereas the use of AI technologies for media content, notably personalised content recommendations, raises issues regarding cultural and linguistic diversity;
Amendment 76 #
2020/2017(INI)
Motion for a resolution
Recital J
Recital J
J. whereas AI technologies could have a substantial impact on special needs education, as well as on the accessibility of cultural and creative content for people with disabilities;
Amendment 81 #
2020/2017(INI)
Motion for a resolution
Recital K
Recital K
K. whereas AI-generated fake content, such as ‘deepfakes’, is growing exponentially and constitutes an imminentthe lack of a legal framework to prevent the spread of deliberated fabrication and publication of misleading information may derive in a major threat to democracy;
Amendment 85 #
2020/2017(INI)
Motion for a resolution
Paragraph -1 (new)
Paragraph -1 (new)
Amendment 86 #
2020/2017(INI)
Motion for a resolution
Paragraph -1 a (new)
Paragraph -1 a (new)
-1 a. Calls on the Commission to deliver a forthcoming legislative proposal, as a follow up to the White Paper on Artificial Intelligence, for a regulation on the ethical principles applicable to AI and related technologies that provides a strong framework for the development, deployment and use of AI in the Union, with a human centric approach, respectful of fundamental rights and Union law;
Amendment 88 #
2020/2017(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Reiterates the importance of developing quality and inclusive data systems for use in deep learningsoftware, algorithms and data systems for use in training AI technologies as the use of low- quality, outdated, incomplete or incorrect data may lead to poor predictions and in turn discrimination and bias; highlights that it is essential to develop capabilities at both national and Union level to improve data collection and systematisation; welcomes in this regard the Commission’s proposal for the creation of a common data space in the Union;
Amendment 91 #
2020/2017(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
Amendment 111 #
2020/2017(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Recalls the importance of strengtheningachieving a high level of overall digital skillsliteracy at Union level as a prerequisite for the use of AI in education; calls on the Commission, in that regard, to make digital literacy, including AI-related skills, one of the main priorities of its next Digital Education Action Plan;
Amendment 119 #
2020/2017(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. Calls on the Commission and the Members States to promote digital literacy plans and forums of discussions to involve citizens, parents and students in a democratic dialogue with public authorities and stakeholders over the development, deployment and use of AI technologies in the education systems;
Amendment 121 #
2020/2017(INI)
Motion for a resolution
Paragraph 3 b (new)
Paragraph 3 b (new)
3 b. Notices that AI technologies in education should be anchored by human centric values allowing for human control, autonomy and safety, and shall respect fundamental rights. Teachers shall control and supervise any deployment and use of AI technologies in schools and universities, when interacting with pupils and students; reminds that AI systems cannot take any final decision that can affect educational opportunities, such as students’ final evaluation, without full human supervision;
Amendment 123 #
2020/2017(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Stresses that the learning benefits of using AI in education will depend not on AI itself, but on how teachers use AI to meet the needs of both students and teachers; points out, therefore, the need for AI programmers to involve teachers in designing AI-sustainable solutions that are suitable for real-life educational environmentmultifaceted role that teachers play in education and the influence they exert on the lives of the students they teach cannot be replace by any AI or related technology system; notes, hence, the importance for teachers to be digitally literate to effectively and efficiently use AI and related technologies in a manner that contributes to meet the needs of both students and teachers; points out, therefore, the need to involve the educational community in the sustainable development, deployment and use of AI technologies that are suitable for real-life educational environments; furthermore, recalls that it is essential to involve as well key societal actors to prevent gender, social and cultural biases being inadvertently included in AI algorithms, systems and applications;
Amendment 133 #
2020/2017(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Stresses the importance of an inclusive education, therefore the use of AI technologies cannot result in detriment of or in substitution of in-person education, especially in early childhood education, since this type of teaching ensures the acquisition of skills that will enable students to progress throughout their lives, such as personal relations, study skills, empathy and cooperative work;
Amendment 137 #
2020/2017(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Highlights, moreover, the need to train teachers in digitisation so they can adapt to the realities of AI-powered education and acquire the necessary knowledge and skills to use AI technologies in a pedagogical and meaningful way;
Amendment 143 #
2020/2017(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
Amendment 145 #
2020/2017(INI)
Motion for a resolution
Paragraph 5 b (new)
Paragraph 5 b (new)
5 b. Notes that ethically driven AI and related technologies could vastly enhance quality in education for all at all levels, ensuring an adequate protection of personal data, in particular children’s data, transparent and reliable data sources;
Amendment 148 #
2020/2017(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Underlines the importance of training highly skilled professionals in the field of AIcoming from different branches and backgrounds in the field of AI as well as ensuring the mutual recognition of such qualifications throughout the Union and of upskilling the current and future workforce to enable it to cope with the realities of an AI-driven labour market; thus encourages the Member States to upgrade their educational offers with AI- related skills from all fields of studies and to put in place specific curricula for AI developers;
Amendment 156 #
2020/2017(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6 a. Recalls that an ethical driven AI should be socially responsible and ensure gender equality; stresses therefore, the need of increasing the ratio of women in STEAM studies in order to tackle the gender gap on ICT sectors, and calls on the Members States to address specific plans with concrete training for teachers to prevent bias and discrimination in the use of AI and related technologies;
Amendment 166 #
2020/2017(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Stresses that AI technologies can play a significant role in preserving, renovating, studying, promoting and managing European cultural heritage assets, notably by monitoring and analysing changes to cultural heritage sites caused by threats such as climate change, natural disasters and armed conflicts;
Amendment 171 #
2020/2017(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Stresses that AI technologies bring a chance to increase the visibility of Europe's cultural diversity; points out that these technologies provides new opportunities for cultural institutions, such as museums, to produce innovative tools for documenting and accessing cultural heritage sites, notably through 3D modelling and augmented virtual reality;
Amendment 177 #
2020/2017(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Stresses that good practices in AI technologies for cultural heritage accessibility, in particular to persons with disabilities, should be identified and shared amongst cultural networks across the Union;
Amendment 182 #
2020/2017(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Stresses that AI technologies can also be used to monitor the illicit trafficking of cultural objects and the destruction of cultural property, whilst supporting data collection for recovery and reconstruction efforts;
Amendment 186 #
2020/2017(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Deplores the fact that culture is not amongst the priorities outlined in policy options and recommendations on AI at Union level, notably in the Commission’s white paper of 19 February 2020 on AI and calls on the Commission and the Member States to address the potential impact of the use of AI technologies on the CCS and to make the most of the NexGen EU recovery plan to digitise the sector to respond to the new forms of consumption of the 21st century;
Amendment 190 #
2020/2017(INI)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11 a. Acknowledges that AI technologies have the potential to boost a growing number of jobs in CCS facilitated by the increased access to these technologies; emphasises, therefore, the importance to spread digital literacy among the CCS to make this technology more inclusive, usable, learnable, and interactive for the sectors;
Amendment 194 #
2020/2017(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Stresses the need to set up a coherent vision of AI technologies in the CCS at Union level; calls on the Member States to strengthen the focus on culture in their AI national strategies to ensure that cultural diversity is safeguarded and promoted at Union level in the new digital context;
Amendment 202 #
2020/2017(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Calls on the Commission and the Member States to support a democriatical public discourse on AI and debate on AI technologies and to provide a regular forum for discussion with civil society, researchers, academia and stakeholders to raise awareness of the benefits and the challenges of its use in the CCS;
Amendment 206 #
2020/2017(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13 a. Stresses the need to ensure that the development, deployment and use of ethical AI technologies in the Union, including the software, algorithms and the data used and produced by them, shall respect intellectual property rights, its exceptions and limitations thereto, as well as to promote cultural and language diversity;
Amendment 209 #
2020/2017(INI)
Motion for a resolution
Paragraph 13 b (new)
Paragraph 13 b (new)
Amendment 225 #
2020/2017(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Suggests establishing a clear ethical framework for the use of AI technologies in media to prevent all forms of discrimination and in media to ensure access to culturally and linguistically diverse content at Union level, based on accountable, transparent and inclusive algorithms; stresses, in that regard, that the framework should also address the misuse of AI to disseminate fake news and online misinformation;
Amendment 232 #
2020/2017(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16 a. Stresses the importance to increase the funds assigned to Digital Europe, Creative Europe and Horizon Europe to reinforce the support to the European audiovisual sector, namely by collaborative research projects and experimental pilot development initiatives on the development, deployment and use of ethical AI technologies;
Amendment 238 #
2020/2017(INI)
Motion for a resolution
Paragraph 16 b (new)
Paragraph 16 b (new)
16 b. Stresses the importance of ensuring online and offline media pluralism to guarantee the quality, diversity and reliability of the information available;
Amendment 239 #
2020/2017(INI)
Motion for a resolution
Paragraph 16 c (new)
Paragraph 16 c (new)
16 c. Reminds that accuracy, independence, fairness, confidentiality, humanity, accountability and transparency, as driving forces of the principles of freedom of expression and access to information in online and offline media, are decisive in the fight against disinformation and misinformation;
Amendment 240 #
2020/2017(INI)
Motion for a resolution
Paragraph 16 d (new)
Paragraph 16 d (new)
16 d. Asks the Commission to assess the impact of AI technologies in creating new audio visual works such as deep fakes and to establish the appropriate legal consequences attached to their creation, production or distribution for malicious purposes;
Amendment 242 #
2020/2017(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Recalls that with new techniques rapidly emerging, detecting deepfakes is becoming increasingly challenging becausedue to the ability of malicious deepfake makers canto generate algorithms that can be trained to evade detection;
Amendment 3 #
2020/2015(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Recalls that artificial intelligence (AI) should serve humanity and that its benefits should be widely shared; stresses that, in the long-term, AI may surpass human intellectual capacity; stresses the need therefo leaving no one behind; stresses that, as AI is an ever-changing collection of technologies that are being developed at great speed, and as it is constantly gaining the ability to perform more tasks typically related to humans, it shall be required to establish safeguards such as a human centric design which allows for human control and verification of AI decision-making;
Amendment 5 #
2020/2015(INI)
Motion for a resolution
Recital A
Recital A
A. whereas the European legal framework for intellectual property aims to promote and protect innovation, creativity and access to knowledge and information;
Amendment 13 #
2020/2015(INI)
Motion for a resolution
Recital D
Recital D
D. whereas the aim of making the European Union the world leader in AI technologies must include efforts to safeguard the Union’s digital and industrial sovereignty, as well as cultural diversity;
Amendment 14 #
2020/2015(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Stresses that the EU should play an essential role in laying down basic principles on the development, programmingdeployment and use of AI, notably in its regulations and codes of conduct, in particular an ethical regulatory framework and a digital data strategy anchored in the respect of fundamental rights and European values;
Amendment 19 #
2020/2015(INI)
Motion for a resolution
Recital E
Recital E
E. whereas a human-centred approach to AI in compliance with the ethical principles and human rights, is needed if the technology is to remain a tool that serves people and the common good;
Amendment 31 #
2020/2015(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Recalls that AI cannot only perform activities which used to be exclusivelyis constantly gaining the ability to perform more tasks typically related to humans, but that it can alsoy acquireing and developing autonomous and cognitive features, through experience learning; stresses that AI systems can autonomously create and generate cultural and creative works, with only minimum human input, although they are always developed, deployed and used by humans, can autonomously create and generate creative works; notes, moreover, that AI systems can evolve in an unpredictable way, by creating original works unknown to their initial programmers;
Amendment 40 #
2020/2015(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Emphasises the need to address copyright issues relating to AI-generated cultural and creative works; underlines, in that context, the need to assess whether the notion of the humanart for AI-generated works, and recalls that the human as author and creator ais the basis for the intellectual property rights (IPR) system is still adequate for AI-generated works; considers that automatically assigning the copyright of AI-generated works to the copyright holder of the AI software, algorithm or programme may not be the best way forward as there is a need for a human intervention to be credited for being author of a new creative work;
Amendment 45 #
2020/2015(INI)
Motion for a resolution
Recital K a (new)
Recital K a (new)
Ka. whereas the purpose of authors' rights is on the one hand to protect the economic and moral interest of authors and in the other to incentivise human creation;
Amendment 77 #
2020/2015(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Recommends that priority be given to assessment by sector and type of IPR implications of AI technologies; considers that such an approach should take into account for example, the degree of human intervention, the autonomy of the AI and the importance of the role and the origin of the data used and the possible involvement of other factors, such as sectoral economic equilibria;
Amendment 103 #
2020/2015(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Takes the view that consideration must be given to protecting technical and artistic creations generated by AI, where such protection is justified on the basis on the same or similar creative results, in order to encourage this form of creation; considers that certain works generated by AI can be regarded as equivalent to intellectual works and could therefore be protected by copyright; recommends that ownership of rights be assigned to the person who creates, prepares and publishes a work lawfully, provided that the technology designer has not expressly reserved the right to use the work in that way;
Amendment 109 #
2020/2015(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Notes that creators and creative sectors are among the main users of AI technologies as a supporting tool to create and enrich their works; considers that copyright and authors' rights should be regarded to protect to protect human creators using that technologies;
Amendment 4 #
2020/2013(INI)
Motion for a resolution
Citation 15 a (new)
Citation 15 a (new)
- - having regard to the opinions of the Committee on Foreign Affairs, the Committee on the Internal Market and Consumer Protection, the Committee on Transport and Tourism and the Committee on Civil Liberties, Justice and Home Affairs,
Amendment 5 #
2020/2013(INI)
Motion for a resolution
Recital A
Recital A
A. whereas AI, robotics and related technologies are liable to have awith the potential to directly impact on all aspects of peoin societies, including basic social and economic principle's lives in societand values, are being developed very quickly;
Amendment 9 #
2020/2013(INI)
Motion for a resolution
Recital A a (new)
Recital A a (new)
A a. Whereas a common framework within the Union must cover all situations,such as the development, deployment and use of AI, robotics and related technologies,in which the Union´s principles and values must be reflected.
Amendment 10 #
2020/2013(INI)
Motion for a resolution
Recital A b (new)
Recital A b (new)
A b. Whereas Parliament has repeatedly called for the elaboration and urgent adoption of a common position on lethal autonomous weapons systems, an international ban on the development, production and the use of autonomous lethal weapons systems capable of attack without significant human control, as well as the initiation of effective negotiations for their prohibition;
Amendment 15 #
2020/2013(INI)
Motion for a resolution
Recital B
Recital B
B. whereas the Union and its Member States have a particular responsibility to make sure that theseAI, robotics and related technologies, contribute to the well-being and general interest of their citizens;
Amendment 16 #
2020/2013(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
Amendment 17 #
2020/2013(INI)
Motion for a resolution
Recital B b (new)
Recital B b (new)
B b. Whereas European citizens could benefit from an appropriate, efficient, transparent and coherent regulatory approach at Union level that defines sufficiently clear conditions for companies to develop applications and plan their business models, while ensuring that the Union and its Member States retain control over the regulations to be established, so that they are not forced to adopt or accept standards set by others;
Amendment 19 #
2020/2013(INI)
Motion for a resolution
Recital C
Recital C
C. whereas this particular responsibility implies a need to examine questions of interpretation and application of international law in so far as the EU is affected in the areas of civil and military uses of suchAI, robotics and related technologies and questions of state authority vis-à-vis such technologies outside the scope of criminal justice;
Amendment 20 #
2020/2013(INI)
Motion for a resolution
Recital C a (new)
Recital C a (new)
C a. Whereas it is essential to provide an appropriate and comprehensive legal framework on the ethical aspect related to these technologies as well as on the liability, transparency and accountability (in particular for AI, robotics and related technologies considered to be high risk), that reflect the intrinsically European and universal humanist values, to be applicable to the entire value chain in the development, implementation and uses of IA; whereas that this ethical framework must apply to the development (including research and innovation), deployment and use of IA, in full respect of Union law and the values set out in the Charter of Fundamental Rights of the European Union;
Amendment 27 #
2020/2013(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
Amendment 30 #
2020/2013(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. ‘AI-system’ means a system that is either software-based or embedded in hardware devices, and that displays behaviour simulating intelligence by, inter alia, collecting and processing data, analysing and interpreting its environment, and by taking action, with some degree of autonomy, to achieve specific goals. 'autonomous’ means an AI-system that operates by interpreting certain input and by using a set of pre- determined instructions, without being limited to such instructions, despite the system’s behaviour being constrained by and targeted at fulfilling the goal it was given and other relevant design choices made by its developer;
Amendment 32 #
2020/2013(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Considers that all military uses of AI mustAI used in a military and a civil context have to be subject to human control, so that, in particular, a human has the opportunityat all times the means to correct or halt them at anyll times, and to disable them in the event of unforeseen behaviour;at all times when AI used in a military and a civil context have effects on the welfare and general interest of citizens.
Amendment 35 #
2020/2013(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. Considers that the respect for international public law, in particular humanitarian law, which applies unequivocally to all weapons systems and their operators, is a fundamental requirement with which Member States must comply, especially when it comes to protecting the civilian population or taking precautionary measures in the event of an attack such as military and cyberwarfare;
Amendment 40 #
2020/2013(INI)
Motion for a resolution
Paragraph 2 b (new)
Paragraph 2 b (new)
2 b. Urges the EU to take the lead and assume an active role in promoting a global AI regulatory framework
Amendment 41 #
2020/2013(INI)
Motion for a resolution
Paragraph 2 c (new)
Paragraph 2 c (new)
2 c. Calls on the United Nations and the international community at large to make every effort to ensure that the application of AI, robotics and related technologies in military matters and the use of AI-based systems by the military remain within the strict limits set by international law and international humanitarian law;
Amendment 42 #
2020/2013(INI)
Motion for a resolution
Paragraph 2 d (new)
Paragraph 2 d (new)
2 d. Calls on the AI research community to integrate this principle into all the aforementioned AI-based systems intended for use in war; considers that no authority may establish any exception to those principles or certify such system;
Amendment 43 #
2020/2013(INI)
Motion for a resolution
Paragraph 2 e (new)
Paragraph 2 e (new)
2 e. Considers that the development and AI used in a military context in armed conflict has to respect the Martens clause and must never breach or be permitted to breach the dictates of public conscience and humanity, considers that ability to be used in compliance with international humanitarian law is the minimum standard for the admissibility of an AI-based system in a war context;
Amendment 46 #
2020/2013(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Considers that their decision- making process must be auditable, explainable, traceable, so that the human decision-maker can be identified and held responsible where necessaryaccountable;
Amendment 47 #
2020/2013(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. Stresses that during the use of AI in a military context, Member States, parties to a conflict and individuals must at all times comply with their obligations under applicable international law and take responsibility for actions resulting from the use of such systems and that under all circumstances must the anticipated, accidental or undesirable actions and effects of AI-based systems be considered to be the responsibility of Member States, parties to a conflict and individuals;
Amendment 52 #
2020/2013(INI)
Motion for a resolution
Paragraph 3 b (new)
Paragraph 3 b (new)
3 b. Highlights the importance of taking into account the risks related to accidental intervention, to manipulation, proliferation,cyber-attacks or interference and acquisition by third parties of AI- based technology, at any time;
Amendment 53 #
2020/2013(INI)
Motion for a resolution
Paragraph 3 c (new)
Paragraph 3 c (new)
3 c. Reiterates that regulatory efforts are supported by meaningful certification and surveillance schemes, as well as clear auditability, explainability, accountability, and traceability mechanisms, so that the regulatory framework does not become outdated by technological developments.
Amendment 55 #
2020/2013(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Reiterates that theyAI used in a military context must always be consistent with international humanitarian and Human Rights laws, in particular the Geneva Conventions of 12 August 1949, notably as regards the protection of injured, sick and shipwrecked persons, the treatment of prisoners of war and the protection of civilians;
Amendment 57 #
2020/2013(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Insists that they must always be consistent with the principle of proportionadistinction, proportionality, precaution, accountability, attributability, traceability, reliability, trustworthiness, transparency and explicability, which makes the legality of a military action conditional on a balance between the objective pursued and the means used, and that the assessment of proportionality must be made, or expressly approved, by a human being;
Amendment 59 #
2020/2013(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Stresses that the previous paragraphs concern all military uses of AI, whatever they may be, including those involving the processing of information for military purposes, military logistics, ‘collaborative combat’ and real-time support for decision-making, as well as defensive systems and all weapons that use AI, including lethal autonomous weapon systems (LAWS);
Amendment 60 #
2020/2013(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7 a. Stress the need for predictability and reliability of the IA-enabled, as well as resilience and the system ability to detect possible changes in circumstances and operational environment.
Amendment 61 #
2020/2013(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Recalls that LAWS are weapons capable of identifying a target and deciding to attack it without human interventionthe term "lethal autonomous weapons systems" (LAWS) refers to weapons systems without meaningful human control over the critical functions of selection and attacking individual targets, and that the level of threat they pose requires that their use have to be subject to specific prohibitions and legal safeguards;
Amendment 63 #
2020/2013(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8 a. Insists on the need for an EU-wide strategy against lethal autonomous systems and a ban on so-called "killer robots".
Amendment 64 #
2020/2013(INI)
Motion for a resolution
Paragraph 8 b (new)
Paragraph 8 b (new)
8 b. Emphasizes that the AI used in a military context, must meet a minimum set of requirements, namely: be able to distinguish between combatants and non- combatants, combatants on the battlefield, recognize when a combatant surrenders or is hors de combat, not to have indiscriminate effects, not to cause unnecessary suffering to people, not being biased or trained on data and comply with the principles of international humanitarian law, proportionality in the use of force and precaution before intervention;
Amendment 65 #
2020/2013(INI)
Motion for a resolution
Paragraph 8 c (new)
Paragraph 8 c (new)
8 c. Considers that the use of lethal autonomous weapon systems raises fundamental ethical and legal questions about the control capacity that humans can exercise over these systems; and requires that AI-based technology can´t make autonomous decisions involving legal principles of distinction, proportionality and precaution;
Amendment 68 #
2020/2013(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Considers that LAWS are lawfulcan be authorized only if subject to control sufficiently strict to enable a human to take over command at anya strict human control to enable a human to have the control all times, and that systems without any human control (‘human out of the loop’) musthave to be banned;
Amendment 70 #
2020/2013(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9 a. Highlight that meaningful human intervention and supervision are essential in the process of making lethal decisions, since human beings are still responsible when deciding between life and death;
Amendment 71 #
2020/2013(INI)
Motion for a resolution
Paragraph 9 b (new)
Paragraph 9 b (new)
Amendment 72 #
2020/2013(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
Amendment 73 #
2020/2013(INI)
Amendment 74 #
2020/2013(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
Amendment 76 #
2020/2013(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
Amendment 79 #
2020/2013(INI)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15 a. Recalls that Parliament’s resolution of 16 February 2017 with recommendations to the Commission on Civil Law Rules on Robotics asked the Commission to consider the designation of a European Agency for Artificial Intelligence, the mandate of which would cover common standards, certification and monitoring frameworks, as well as strong bilateral cooperation with NATO when it comes to the deployment, development and us of AI in the military field;
Amendment 87 #
2020/2013(INI)
Motion for a resolution
Subheading 4
Subheading 4
State authority: examples from the areas of health and justice and responsibility in all its applications
Amendment 89 #
2020/2013(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
Amendment 94 #
2020/2013(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
Amendment 101 #
2020/2013(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Considers it essential, where an AI system is used to interact with people in public services, especially in the fields of justice and health care, that users arthat users should have the right and be informed that they may ask to deal with a professional and that the request will be granted without undue delay;
Amendment 105 #
2020/2013(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Takes the view that persons who have been the subject of a decision taken by a public authority based solely or largely onon, or influenced by the output from an AI system should be informed thereof and should receive the information referred to in the preceding paragraph without delay;
Amendment 106 #
2020/2013(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Notes that artificial intelligence is playing an increasingly fundamental role in areas such as public health, care, in particular through algorithms to assist diagnosis, robot- assisted surgery, smart prostheses, personalised treatments based on the three-dimensional modelling of an individual patient’s body, social robots to help elderly people, digital therapies designed to improve the independence of some mentally ill people, predictive medicine and epidemic response softwareulture, transport, agriculture, etc... in particular through algorithms, computer software and the data used or produced by them, that may be applied while using IA;
Amendment 107 #
2020/2013(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
Amendment 110 #
2020/2013(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
Amendment 112 #
2020/2013(INI)
Motion for a resolution
Paragraph 21 a (new)
Paragraph 21 a (new)
21 a. Insists that all uses of AI in the public sphere, respect the protection of citizens' personal data and prevent the uncontrolled dissemination of those data; also urges respect for the equality of citizens, in terms of accessibility and effective access to public services and the preservation of the relationship between administration and citizen;
Amendment 113 #
2020/2013(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
Amendment 120 #
2020/2013(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Calls, therefore, for requests that the public musto be informed of all suchny uses of AI in the field of justice and for thosepublic civil uses and that such uses do not to leadgive rise to discrimination resulting from the programming and to upholdhat the right of every individualany person to have access to a judgepublic official be respected, as well as the right of every judgeany public official to departviate from the solution suggested by the AI wheren he or she considerdeems it necessary in the light of the particulars of a casedetails of the matter in question;
Amendment 123 #
2020/2013(INI)
Motion for a resolution
Paragraph 23 a (new)
Paragraph 23 a (new)
23 a. Requests, therefore, that all these uses in the public and administrative sphere constitute information in the public domain and avoid generating discrimination due to programming biases;
Amendment 130 #
2020/2013(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
26. Stresses that the circulation of autonomous vehicles in the European area(technology considered high risk) in Europe, which is liable to give rise to a particularly high number of disputes under international private law, must be the subject of specific European rules stipulating the legal regime applicable in the event of transboundary damage;
Amendment 133 #
2020/2013(INI)
Motion for a resolution
Paragraph 27
Paragraph 27
27. Recalls that AI is a scientific advance which must not undermine the law, but must on the contrary always be governed by it — in the European Union by the law emanating from its institutions and its Member States — and that under no circumstances must the power of algorithms lead toAI, robotics and related technologies contravene democracy and, the rule of law being flouted, a principle which has guided the drafting of this reportand the Charter of Fundamental Rights of the European Union;
Amendment 2 #
2020/2012(INL)
Draft opinion
Paragraph 1
Paragraph 1
1. Recalls that the creationdevelopment, the deployment and the use of artificial intelligence (AI) in the areas of culture, education and information policy raises and will continue to raise a wide range of ethical issues; stresses that the Union should lead the way towards an ethical AI anchored in European values and ensuring the protection of the fundamental rights within a more democratic, fair and sustainable Europe;
Amendment 5 #
2020/2012(INL)
Motion for a resolution
Citation 7 a (new)
Citation 7 a (new)
- having regard to the Charter of Fundamental Rights of the European Union,
Amendment 10 #
2020/2012(INL)
Draft opinion
Paragraph 2
Paragraph 2
2. Stresses the need to develop criteria for the development, the deployment and the use of AI in education, media and the cultural and creative sectors, by developing benchmarks for ethically responsible and accepted uses of AI technologies in these areas; underlines that these criteria must be constantly adjusted to the progress in AI technologies and must aim to promote the ultimate common public good and wellness of the society;
Amendment 16 #
2020/2012(INL)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. Notes that every child enjoys the right to public quality education at all levels; therefore, calls for the development, the deployment and the use of quality AI systems that facilitate and provide quality educational tools for all at all levels and stresses that the deployment of new AI systems into schools should not lead to make a wider digital gap in society;
Amendment 23 #
2020/2012(INL)
Draft opinion
Paragraph 3
Paragraph 3
3. Notices that AI personalised learning systems are increasingly being deployed in schools and universities, which is changing the role of teachers in the learning process to one more of facilitation; stresses thatis transitioning to facilitators and tutors; stresses that when students' curricula reflects this shift it should be reflected in curriculaanchored by human centric values which allow for human control and teachers' supervision;
Amendment 29 #
2020/2012(INL)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. Stresses that children need special protection measures related to the data that might be gathered by AI technologies, and recalls the need to adopt an ethical regulation to ensure an adequate protection level and privacy standards, in particular with regard to their educational path;
Amendment 32 #
2020/2012(INL)
Draft opinion
Paragraph 3 b (new)
Paragraph 3 b (new)
3 b. Notes that there is a need to clarify the concept of arts and cultural and creative works, as well as the role of humans as creators and artists, when AI technologies are involved in the creation of the works; stresses the need to clarify the framework of intellectual property rights applicable to AI-generated works;
Amendment 37 #
2020/2012(INL)
Draft opinion
Paragraph 4
Paragraph 4
4. Acknowledges the great potential of AI in the areas of information and media; underlines that, if not regulated, itAI technologies might have also ethically adverse effects by spreading fake news, creating information bubbles and exploiting biases incorporated into AI algorithmexploiting bias in data and algorithms that may lead to disseminating disinformation, creating information bubbles and spreading fake news;
Amendment 48 #
2020/2012(INL)
Draft opinion
Paragraph 5
Paragraph 5
5. Emphasises that education should empower citizens to develop new forms of critical thinking, including; calls for the establishment of digital literacy tools at all levels of education which include ‘algorithm and data awareness’ and the ability to reflect on the impact of AI on information, knowledge, and decision- making;
Amendment 54 #
2020/2012(INL)
Draft opinion
Paragraph 6
Paragraph 6
6. Emphasises the importance for transparency and accountability of algorithms used by media streaming companies, in order to ensure access to culturally and linguistically diverse content; stresses that such algorithms should be designed in such a way that they do notreflect the cultural diversity of our societies and avoid privilegeing specific works by limiting their ‘personalised’ suggestions to the most popular works; proposes also that this transparency of algorithms could eventually lead to the promotion of more European works;
Amendment 62 #
2020/2012(INL)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6 a. Notes that AI systems developed, deployed and used in the Union need to reflect its cultural diversity and its multilingualism;
Amendment 65 #
2020/2012(INL)
Draft opinion
Paragraph 7
Paragraph 7
7. Notes that the use of AI technologies is spreading rapidly into sports competitions; therefore, it is increasingly raising questions of fair competition in sport; stresses that this area needs a regulatory framework. which applies ethical and human centric criteria in their development and use;
Amendment 71 #
2020/2012(INL)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Declares that the development, deployment and use of artificial intelligence, robotics and related technologies, including but not exclusively by human beings, should always respect human agency and democratic oversight, as well as allow the retrieval of human control at any time;
Amendment 128 #
2020/2012(INL)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Emphasises that socially responsible artificial intelligence, robotics and related technologies should safeguard and promote fundamental rights and values of our society such as democracy, diverse and independent media and objective and freely available information, health and economic prosperity, equality of opportunity, workers’ and social rights, quality education, cultural and linguistic diversity, gender balance, accessibility, digital literacy, innovation and creativity;
Amendment 146 #
2020/2012(INL)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Proposes that for the purpose of developing responsible cutting-edge artificial intelligence solutions, the potential of artificial intelligence, robotics and related technologies in this regard should be maximized and explorshould be explored, stimulated and maximized through responsible research and innovation that requires the mobilisation of resources by the Union and its Member States;
Amendment 158 #
2020/2012(INL)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Emphasises that when remote recognition technologies are used by public authorities during times of national emergency, such as during a national health crisis, their use should always be proportionate, limited in time and scope, and respectful of human dignity and fundamental rights;
Amendment 172 #
2020/2012(INL)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Observes that data are used in large volumes in the development of artificial intelligence, robotics and related technologies and that the processing, sharing of and, access to and use of such data must be governed in accordance with the requirements of quality, integrity, transparency, security, privacy and control;
Amendment 184 #
2020/2012(INL)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Notes the added value of having national supervisory authorities in each Member State responsible for ensuring, assessing and monitoring compliance with ethical principles for the development, deployment and use of artificial intelligence, robotics and related technologies; as well as for harmonising and balancing potential tensions between rights and ethics principles through methods of accountable deliberation;
Amendment 196 #
2020/2012(INL)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Calls for such authorities to be tasked with promoting regular exchanges with civil society and innovation within the Union by providing assistance to concerned stakeholders, and less digitally- mature companies, in particular small and medium-sized enterprises or start-ups; notably towards awareness-raising and support for development, deployment, training and talent acquisition to ensure efficient technology transfer and access to technologies, projects, results and networks;
Amendment 230 #
2020/2012(INL)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Believes that such a body, as well as the European certification referred to in the following paragraph, would not only benefit the development of Union industry and innovation in that context but also increase the awareness of our citizens regarding the opportunities and risks inherent to these technologies;
Amendment 386 #
2020/2012(INL)
Motion for a resolution
Annex I – part B – recital 8
Annex I – part B – recital 8
(8) Artificial intelligence, robotics and related technologies have been provided with the ability to learn from data and experience, as well as to take founded decisions. Such capacities need to remain subject to meaningful human review, judgment, intervention and control. The technical and operational complexity of such technologies should never prevent their deployer or user from being able to, at the very least, alter or haltenable a fail-safe shutdown, alter, halt or redress them in cases where the compliance with the principles set out in this Regulation is at risk.
Amendment 455 #
2020/2012(INL)
Motion for a resolution
Annex I – part B – recital 37
Annex I – part B – recital 37
(37) Sharing and use of data by multiple participants is sensitive and therefore the development, deployment and use of artificial intelligence, robotics and related technologies should be governed by relevant standards and protocols reflecting the requirements of quality, integrity, security, privacy and control. The data governance strategy should focus on the processing, sharing of and access to such data, including its proper management and traceability, and guarantee the adequate protection of data belonging to vulnerable groups, including people with disabilities, patients, children, minorities and migrants. or other groups at risk of exclusion;
Amendment 476 #
2020/2012(INL)
Motion for a resolution
Annex I – part B – recital 45
Annex I – part B – recital 45
(45) Since the objective of this Regulation, namely to establish a common legal framework of ethical principles for the development, deployment and use of artificial intelligence, robotics and related technologies in the Union, cannot be sufficiently achieved by the Member States, but can rather, by reason of its scale and effects, be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve that objective.
Amendment 486 #
2020/2012(INL)
Motion for a resolution
Annex I – part B – Article 1 – paragraph 1
Annex I – part B – Article 1 – paragraph 1
The purpose of this Regulation is to establish a European common legal regulatory framework of ethical principles for the development, deployment and use of artificial intelligence, robotics and related technologies in the Union.
Amendment 547 #
2020/2012(INL)
Motion for a resolution
Annex I – part B – Article 7 – paragraph 3
Annex I – part B – Article 7 – paragraph 3
3. Without prejudice to paragraph 1, the risk assessment of artificial intelligence, robotics and related technologies, including software, algorithms and data used or produced by such technologies, shall be carried out on the basis of a risk-based approach and objective criteria harmonised at Union level and in accordance with applicable sectorial legislation.
Amendment 552 #
2020/2012(INL)
Motion for a resolution
Annex I – part B – Article 8 – paragraph 1 – point b
Annex I – part B – Article 8 – paragraph 1 – point b
(b) developed, deployed and used in a resilient manner so that they ensure an adequate level of security by adhering to minimum cybersecurity baselines proportionate to identified risk, and one that prevents any technical vulnerabilities from being exploited for unfair or unlawful purposes;
Amendment 596 #
2020/2012(INL)
Motion for a resolution
Annex I – part B – Article 10 – paragraph 2 – point e
Annex I – part B – Article 10 – paragraph 2 – point e
(e) developed, deployed and used in a manner that contributes to the narrowing of the digital divide among regions, age groups and social classes, the promotion of digital literacy and skills, innovation and creativity, while respecting intellectual property rights and exploring the potential of these technologies, namely through their explainability, in detecting infringements of such rights;
Amendment 24 #
2020/2011(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Insists that Roma children should stay in education until at least the end of upper secondary education; to this end, urges Member States to ensure sufficient financing so that mainstream education policies reinforce schools’ and teachers’ capacities to respond appropriately to Roma pupils’ learning needs; stresses the need to eliminateavoid grade repetition and reduce the dropout rate by providing both appropriate teacher training and early, regular and timely support for Roma pupils and students, including after-school learning;
Amendment 38 #
2020/2011(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Urges the Member States to exalt and promote the cultural values of the Roma culture as a strategy to combat discrimination and promote the socio- cultural inclusion of this minority;
Amendment 40 #
2020/2011(INI)
Draft opinion
Paragraph 6 b (new)
Paragraph 6 b (new)
6b. Insists to implement measures to promote multiculturalism in educational centres, to avoid spatial segregation of this group;
Amendment 3 #
2020/2009(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Considers that in order to fight against ddisinformation, misinformation and fake newsmal- information, reinstate a climate of trust in the media, and counter threats to democratic political processescy, a comprehensive strategy is needed, based inter alia on media and information literacy, and aimed at empowering citizens to critically assess media content and recognise the difference between opinion and fact;
Amendment 20 #
2020/2009(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Underlines the crucial importance of independent journalism in sustaining media pluralism and transparency of the democratic process; calls on the Commission to include studies and courses on independent journalism in appropriate EU funded projects and programmes;
Amendment 23 #
2020/2009(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Stresses that media pluralism is under serious threat both online and offline due to thee importance of ensuring online and offline media pluralism to guarantee the quality, diversity and reliability of the information available; warns against excessive concentration of media ownership, which has resulted in dominant actors in the media sector using information to pursue political and social objectives and in the lowering of the quality, diversity and reliability of the information available;
Amendment 30 #
2020/2009(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Recalls the need for transparency of media ownership and its funding sources to be easily accessible to citizens so they can make an informed judgment about the information provided, as well as to reinstate a climate of trust in the media; in this context, media literacy plays an important role;
Amendment 39 #
2020/2009(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Underlines its view that non- discriminatory, comprehensive and balanced media coverage is essential to a free and well-informed society in Europe; calls on the Commission and the Member States to promote an inclusive media sphere in which more women, minorities, migrants and refugees, as well as members of LGBTI+ communities and people with disabilities, occupy creative and decision- making positions, which would in turn contribute to the reduction of stereotypes in media;
Amendment 48 #
2020/2009(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Considers that in the fight against disinformation, misinformation and mal- information, the core principles of access to information and above all freedom of expression, including artistic freedom, should always prevail in a frame of accuracy, independence, fairness, confidentiality, humanity, accountability and transparency;
Amendment 55 #
2020/2009(INI)
Draft opinion
Paragraph 5 b (new)
Paragraph 5 b (new)
5b. Warns that governments with authoritarian tendencies are undermining freedom of expression, including artistic freedom, under the cover of the fight against disinformation;
Amendment 62 #
2020/2009(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Highlights that national media, in particular public service media, have an important responsibility to adequatelyReminds that the backbone of any democracy is an independent, professional and responsible media aiming to inform, criticise and stimulate debate, in particular public service media, to adequately serve the public interest with truthful, accurate, objective, balanced and language-tempered content, reflecting the cultural, linguistic, social and political diversity of our societies, and to inform citizens extensively about all topics that are relevant to their everyday lives, including EU policies and news.
Amendment 69 #
2020/2009(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Expresses serious concern about the situation in some Member States where media laws allowing for greater political interference have been introduced, resulting in media, public or private, being forced to abandon the principle of impartiality, which is supported by, inter alia, evidence from the Reporters Without Borders 2020 World Press Freedom Index; underlines that free and independent journalism must be guaranteed and safeguarded by proper regulatory frameworks;
Amendment 4 #
2020/2005(INL)
Draft opinion
Paragraph 1
Paragraph 1
1. Underlines that traineeships should be understood as a limited period of work practice, which should help young people gain confidence in their capacities and develop work-relevant skills, as well as practical and professional experience, improve their employability and facilitate their transition into regular employment;
Amendment 7 #
2020/2005(INL)
Draft opinion
Paragraph 2
Paragraph 2
2. Considers that to facilitate access to regular employment, traineeships should offer a strong and high-quality training or learning content, safeguard adequate working conditions such as a fair payment, fixed working hours, health and social coverage, and should in no case be a substitute for regular jobs or a precondition for a job placement; stresses that prolonged periods of traineeships might have significant negative social security consequences for young people, in particular in terms of pension rights accumulation and access to unemployment benefits;
Amendment 8 #
2020/2005(INL)
Draft opinion
Paragraph 2
Paragraph 2
2. Considers that to facilitate access to regular employment, traineeships should offer a strong training or learning content, so that this experience may help trainees get new professional jobs. Thus, the mentor´s function must be a key factor to assess and guide the trainee by implementing a training project, which must determine the trainee´s skills and abilities developed during the traineeship period. Traineeships should be focused on safeguarding adequate working conditions such as a fair payment, fixed working hours, health and social coverage, and should in no case be a substitute for regular jobs or a precondition for a job placement;
Amendment 15 #
2020/2005(INL)
Draft opinion
Paragraph 3
Paragraph 3
3. Insists that all traineeships should promote inclusiveness, especially with regard to personsyoung people with fewer opportunities; insists that it is crucial to ensure participation in traineeships for persons with disabilities by taking appropriate measures to increase awareness and accessibility; insists that participation in traineeships should also be ensured to young vulnerable people such as migrants and refugees, whose inclusion in society is crucial to their successful integration;
Amendment 21 #
2020/2005(INL)
Draft opinion
Paragraph 3
Paragraph 3
3. Insists that all traineeships should promote inclusiveness, especially with regard to persons with fewer opportunities, and should support gender equality; insists that it is crucial to ensure participation in traineeships for persons with disabilities by taking appropriate measures to increase awareness and accessibility;
Amendment 22 #
2020/2005(INL)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Underlines that, according to Eurostat, at the beginning of 2020 youth unemployment rate was 14,9 % in the Union, and that the inevitable social effects of the COVID-19 outbreak will acutely impact the Union's labour market, triggering a more severe crisis than the 2008 financial crisis; therefore, the Youth Guarantee should turn into a permanent mechanism properly funded in order to better support youth labour market integration measures;
Amendment 23 #
2020/2005(INL)
Draft opinion
Paragraph 3 b (new)
Paragraph 3 b (new)
3b. Notes that the latest available statistics1a highlight the persistence of a large proportion of unpaid or low-paid traineeships across Europe, which may create an equal access problem into regular employment. According to these data, 59 % of respondents who had concluded a traineeship declared that they had not received any financial compensation for their last experience, whereas of those receiving some form of remuneration, only 53 % considered that the amount received was sufficient to cover basic living costs; _________________ 1aFlash Eurobarometer 378, “The experiences of traineeships in the EU”;
Amendment 24 #
2020/2005(INL)
Draft opinion
Paragraph 3 c (new)
Paragraph 3 c (new)
3c. Notes that the principle of active support for sustainable labour market integration and the commitment to enhance qualifications and skills of young people is a crucial part of the Commission efforts to promote upward convergence in working conditions and that this is the rationale of the European Pillar of Social Rights; therefore, calls on the new Commission to support the proper implementation of the European Pillar of Social Rights into concrete actions that would benefit young people across Europe;
Amendment 25 #
2020/2005(INL)
Draft opinion
Paragraph 3 d (new)
Paragraph 3 d (new)
3d. Calls on the Commission to encourage and support Member States to make use of the European Social Fund+ and the European Regional Development Fund, as well as other European funds for the 2021-2027 programming period to enhance the number and quality of traineeships in the Union;
Amendment 41 #
2020/2005(INL)
Draft opinion
Paragraph 5
Paragraph 5
5. STaking into consideration the strict link between the quality of the traineeship and the employability outcome, calls on the new Commission to put forward an updated proposal for a Council Recommendation on a Quality Framework for Traineeships in order to broaden the scope of the current Quality Framework for Traineeships and cover all types of traineeships; stresses the importance of all key players’ involvement (the social partners, civil society organisations and, in particular, youth organisations) in formulating guidelines and monitoring and evaluating subsequent implementation of the framework.
Amendment 84 #
2020/1998(BUD)
Motion for a resolution
Paragraph 30
Paragraph 30
30. Deeply regrets that the Commission still has not responded to Parliament's call for a comprehensive review of the budget line for multimedia measures, particularly with regard to the framework contract with Euronews; decides to put its budgetary allocation in reserve until the Commission has answered the concerns raised by the Court of Auditors; notes however that the Court of Auditors does not point to any shortcomings on Euronews’s part in its contractual reporting duties under the current framework; regrets that such a reserve of 18 million euros endangers the financial viability of Euronews, and consequently its staff, while it is highly important that the EU supports independent and high-quality journalism on EU affairs;
Amendment 118 #
2020/0361(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) Responsible and diligent behaviour by providers of intermediary services is essential for a safe, predictable and trusted online environment and for allowing Union citizens and other persons to exercise their fundamental rights guaranteed in the Charter of Fundamental Rights of the European Union (‘Charter’), in particular the freedom of expression and information and the freedom to conduct a business. These rights include, as the case may be, the right to freedom of expression and information, the right to respect for private and family life, the right to protection of personal data, the right to non-discrimination and the right to an effective remedy of the recipients of the service; the freedom to conduct a business, including the freedom of contract, of service providers; as well as the right to human dignity, the rights of the child, the right to protection of property, including intellectual property, and the right to non-discrimination.
Amendment 146 #
2020/0361(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) Considering the particular characteristics of the services concerned and the corresponding need to make the providers thereof subject to certain specific obligations, it is necessary to distinguish, within the broader category of providers of hosting services as defined in this Regulation, the subcategory of online platforms. Online platforms, such as social networks, search engines or online marketplaces, should be defined as providers of hosting services that not only store information provided by the recipients of the service at their request, but that also disseminate that information to the public, again at their request. However, in order to avoid imposing overly broad obligations, providers of hosting services should not be considered as online platforms where the dissemination to the public is merely a minor and purely ancillary feature of another service and that feature cannot, for objective technical reasons, be used without that other, principal service, and the integration of that feature is not a means to circumvent the applicability of the rules of this Regulation applicable to online platforms. For example, the comments section in an online newspaper could constitute such a feature, where it is clear that it is ancillary to the main service represented by the publication of news under the editorial responsibility of the publisher.
Amendment 148 #
2020/0361(COD)
Proposal for a regulation
Recital 14
Recital 14
(14) The concept of ‘dissemination to the public’, as used in this Regulation, should entail the making available of information to a large or potentially unlimited number of persons, that is, making the information easily accessible to users in general without further action by the recipient of the service providing the information being required, irrespective of whether those persons actually access the information in question. The mere possibility to create groups of users of a given service should not, in itself, be understood to mean that the information disseminated in that manner is not disseminated to the public. However, the concept should exclude dissemination of information within closed groups consisting of a finitesmall number of pre- determined persons. Interpersonal communication services, as defined in Directive (EU) 2018/1972 of the European Parliament and of the Council,39 such as emails or private messaging services, fall outside the scope of this Regulation. Information should be considered disseminated to the public within the meaning of this Regulation only where that occurs upon the direct request by the recipient of the service that provided the information. _________________ 39Directive (EU) 2018/1972 of the European Parliament and of the Council of 11 December 2018 establishing the European Electronic CommunFile-sharing services and other cloud services should fall within the scope of this Regulation, to the extent that such services are used to make the stored information available to the public ations Code (Recast), OJ L 321, 17.12.2018, p. 36 the direct request of the content provider.
Amendment 153 #
2020/0361(COD)
Proposal for a regulation
Recital 18
Recital 18
(18) The exemptions from liability established in this Regulation should not apply where, instead of confining itself to providing the services neutrally, by a merely technical, passive and automatic processing of the information provided by the recipient of the service, the provider of intermediary services plays an active role of such a kind as to give it knowledge of, or control over, that information. Those exemptions should accordingly not be available in respect of liability relating to information provided not by the recipient of the service but by the provider of intermediary service itself, including where the information has been developed under the editorial responsibility of that provider or where the provider of the service promotes and optimises the content.
Amendment 155 #
2020/0361(COD)
Proposal for a regulation
Recital 18 a (new)
Recital 18 a (new)
(18 a) The exemptions from liability should also not be available to providers of intermediary services that do not comply with the due diligence obligations set out in this Regulation.
Amendment 156 #
2020/0361(COD)
Proposal for a regulation
Recital 22
Recital 22
(22) In order to benefit from the exemption from liability for hosting services, the provider should, upon obtaining actual knowledge or awareness of illegal content, act expeditiously to remove or to disable access to that content. The removal or disabling of access should be undertaken in the observance of the principle ofall relevant principles enshrined in the Charter of Fundamental Rights, including freedom of expression. The provider can obtain such actual knowledge or awareness through, in particular, its own-initiative investigations or notices submitted to it by individuals or entities in accordance with this Regulation in so far as those notices are sufficiently precise and adequately substantiated to allow a diligent economic operator to reasonably identify, assess and where appropriate act against the allegedly illegal content.
Amendment 162 #
2020/0361(COD)
Proposal for a regulation
Recital 26
Recital 26
(26) Whilst the rules in Chapter II of this Regulation concentrate on the exemption from liability of providers of intermediary services, it is important to recall that, despite the generally important role played by those providers, the problem of illegal content and activities online should not be dealt with by solely focusing on their liability and responsibilities. Where possible, third parties affected by illegal content transmitted or stored online should attempt to resolve conflicts relating to such content without involving the providers of intermediary services in questionIn many cases, however, such providers are best placed to address the problem of illegal content and activities by removing or limiting access to such content or by bringing such activities to an end. Recipients of the service should be held liable, where the applicable rules of Union and national law determining such liability so provide, for the illegal content that they provide and may disseminate through intermediary services. Where appropriate, other actors, such as group moderators in closed online environments, in particular in the case of large groups, should also help to avoid the spread of illegal content online, in accordance with the applicable law. Furthermore, where it is necessaryappropriate to involve information society services providers, including providers of intermediary services, any requests or orders for such involvement should, as a general rule, be directed to the actor that has the technical and operational ability to act against specific items of illegal content, so as to prevent and minimise any possible negative effects for the availability and accessibility of information that is not illegal content. It must be ensured that third parties can easily identify and contact the entity that has the technical and operational ability to act against illegal content.
Amendment 166 #
2020/0361(COD)
Proposal for a regulation
Recital 28
Recital 28
(28) Providers of intermediary services should not be subject to a monitoring obligation with respect to obligations of a general nature. This does not concern monitoring obligations in a specific case and, in particular, does not affect orders by national authorities in accordance with national legislation, in accordance with the conditions established in this Regulation. Nothing in this Regulation should be construed as an imposition of a general monitoring obligation or active fact-finding obligation, or as a general obligation for providers to take proactive measures to relation to illegal content or impeding their ability to undertake proactive measures to identify and remove illegal content and to prevent its reappearance.
Amendment 183 #
2020/0361(COD)
Proposal for a regulation
Recital 39
Recital 39
(39) To ensure an adequate level of transparency and accountability, providers of intermediary services should annually report, in accordance with the harmonised requirements contained in this Regulation, on the content moderation they engage in, including the measures taken as a result of the application and enforcement of their terms and conditions. However, so as to avoid disproportionate burdens, those transparency reporting obligations should not apply to providers that are micro- or small enterprises as defined in Commission Recommendation 2003/361/EC.40 _________________ 40 Commission Recommendation 2003/361/EC of 6 May 2003 concerning the definition of micro, small and medium- sized enterprises (OJ L 124, 20.5.2003, p. 36).
Amendment 191 #
2020/0361(COD)
Proposal for a regulation
Recital 42
Recital 42
(42) Where a hosting service provider decides to remove or disable information provided by a recipient of the service, for instance following receipt of a notice or acting on its own initiative, including through the use of automated means, that provider should make its best efforts in accordance with high industry standards of professional diligence to prevent the reappearance of the notified or equivalent illegal information. The provider should also inform the recipient of its decision, the reasons for its decision and the available redress possibilities to contest the decision, in view of the negative consequences that such decisions may have for the recipient, including as regards the exercise of its fundamental right to freedom of expression. That obligation should apply irrespective of the reasons for the decision, in particular whether the action has been taken because the information notified is considered to be illegal content or incompatible with the applicable terms and conditions. Available recourses to challenge the decision of the hosting service provider should always include judicial redress.
Amendment 205 #
2020/0361(COD)
Proposal for a regulation
Recital 46 a (new)
Recital 46 a (new)
(46 a) Trusted flaggers should also be able to submit complaints to the Digital Service Coordinators about those activities by online platforms that create a systemic risk.
Amendment 207 #
2020/0361(COD)
Proposal for a regulation
Recital 47
Recital 47
(47) The misuse of services of online platforms by frequentpeatedly providing manifestlyor facilitating the provision of illegal content or by frequently submitting manifestrepeatedly unfounded notices or complaints under the mechanisms and systems, respectively, established under this Regulation undermines trust and harms the rights and legitimate interests of the parties concerned. Therefore, there is a need to put in place appropriate and proportionate safeguards against such misuse. Information should be considered to be manifestly illegal content and notices or complaints should be considered manifestly unfounded where it is evident to a layperson, without any substantive analysis, that the content is illegal respectively that the notices or complaints are unfounded. Under certain conditions, online platforms should temporarily suspend or terminate their relevant activities in respect of the person engaged in abusive behaviour. This is without prejudice to the freedom by online platforms to determine their terms and conditions and establish stricter measures in the case of manifestly illegal content related to serious crimes. For reasons of transparency, this possibility should be set out, clearly and in sufficiently detail, in the terms and conditions of the online platforms. Redress should always be open to the decisions taken in this regard by online platforms and they should be subject to oversight by the competent Digital Services Coordinator. The rules of this Regulation on misuse should not prevent online platforms from taking other measures to address the provision of illegal content by recipients of their service or other misuse of their services, in accordance with the applicable Union and national law. Those rules are without prejudice to any possibility to hold the persons engaged in misuse liable, including for damages, provided for in Union or national law.
Amendment 223 #
2020/0361(COD)
Proposal for a regulation
Recital 57
Recital 57
(57) Three categories of systemic risks should be assessed in-depth. A first category concerns the risks associated with the misuse of their service through the dissemination of illegal content, such as the dissemination of child sexual abuse material or illegal hate speech, and the conduct of illegal activities, such as the sale of products or services prohibited by Union or national law, including counterfeit products. For example, and without prejudice to the personal responsibility of the recipient of the service of very large online platforms for possible illegality of his or her activity under the applicable law, such dissemination or activities may constitute a significant systematic risk where access to such content may be amplified through accounts with a particularly wide reach. A second category concerns the impact of the service on the exercise of fundamental rights, as protected by the Charter of Fundamental Rights, including the freedom of expression and information, the right to private life, the right to non-discrimination and the rights of the child and the right to protection of intellectual property. Such risks may arise, for example, in relation to the design of the algorithmic systems used by the very large online platform or the misuse of their service through the submission of abusive notices or other methods for silencing speech or hampering competition. A third category of risks concerns the intentional and, oftentimes, coordinated manipulation of the platform’s service, with a foreseeable impact on health, civic discourse, electoral processes, public security and protection of minors, having regard to the need to safeguard public order, protect privacy and fight fraudulent and deceptive commercial practices. Such risks may arise, for example, through the creation of fake accounts, the use of bots, and other automated or partially automated behaviours, which may lead to the rapid and widespread dissemination of information that is illegal content or incompatible with an online platform’s terms and conditions.
Amendment 251 #
2020/0361(COD)
Proposal for a regulation
Recital 77
Recital 77
(77) Member States should provide the Digital Services Coordinator, and any other competent authority designated under this Regulation, with sufficient powers and means to ensure effective investigation and enforcement. Digital Services Coordinators should in particular be able to search for and obtain information which is located in its territory, including in the context of joint investigations, with due regard to the fact that oversight and enforcement measures concerning a provider under the jurisdiction of another Member State should be adopted by the Digital Services Coordinator of that other Member State, where relevant in accordance with the procedures relating to cross-border cooperation. , Member States should also consider to provide specialised training, in cooperation with Union bodies, offices and agencies, for relevant national authorities, in particular administrative authorities, who are responsible for issuing orders to act against illegal content and provide information.
Amendment 253 #
2020/0361(COD)
Proposal for a regulation
Recital 91
Recital 91
(91) The Board should bring together the representatives of the Digital Services Coordinators and possible other competent authorities under the chairmanship of the Commission, with a view to ensuring an assessment of matters submitted to it in a fully European dimension. In view of possible cross-cutting elements that may be of relevance for other regulatory frameworks at Union level, the Board should be allowed to cooperate with other Union bodies, offices, agencies and advisory groups with responsibilities in fields such as equality, including equality between women and men, and non- discrimination, data protection, electronic communications, intellectual property, audiovisual services, detection and investigation of frauds against the EU budget as regards custom duties, or consumer protection, as necessary for the performance of its tasks.
Amendment 273 #
2020/0361(COD)
Proposal for a regulation
Article 5 a (new)
Article 5 a (new)
Article 5 a Providers of intermediary services shall be deemed ineligible for the exemptions from liability referred to in Articles 3, 4 and 5 when they do not comply with the due diligence obligations set out in this Regulation.
Amendment 318 #
2020/0361(COD)
Proposal for a regulation
Article 13 – paragraph 2
Article 13 – paragraph 2
Amendment 325 #
2020/0361(COD)
Proposal for a regulation
Article 14 – paragraph 2 – introductory part
Article 14 – paragraph 2 – introductory part
2. The mechanisms referred to in paragraph 1 shall be such as to facilitate the submission of sufficiently precise and adequately substantiated notices, on the basis of which a diligent economic operator can identify and assess the illegality of the content in question. To that end, the providers shall take the necessary measures to enable and facilitate the submission of notices containing all of the following elements:
Amendment 327 #
2020/0361(COD)
Proposal for a regulation
Article 14 – paragraph 2 – point a
Article 14 – paragraph 2 – point a
(a) where necessary, an explanation of the reasons why the individual or entity considers the information in question to be illegal content;
Amendment 332 #
2020/0361(COD)
Proposal for a regulation
Article 14 – paragraph 2 – point b
Article 14 – paragraph 2 – point b
(b) a clear indication of the electronic location of that information, in particular the exactsuch as the URL or URLs, andor, where necessary, any additional information enabling the identification of the illegal content;
Amendment 361 #
2020/0361(COD)
Proposal for a regulation
Article 18 – paragraph 1 – introductory part
Article 18 – paragraph 1 – introductory part
1. Recipients of the service, as well as individuals or entities that have submitted a notice, addressed by the decisions referred to in Article 17(1), shall be entitled to select any out-of- court dispute that has been certified in accordance with paragraph 2 in order to resolve disputes relating to those decisions, including complaints that could not be resolved by means of the internal complaint-handling system referred to in that Article. Online platforms shall engage, in good faith, with the body selected with a view to resolving the dispute and shall be bound by the decision taken by the body.
Amendment 378 #
2020/0361(COD)
Proposal for a regulation
Article 19 – paragraph 2 – point b
Article 19 – paragraph 2 – point b
(b) it represents collective interests, ensures independent public interest representation and is independent from any online platform;
Amendment 381 #
2020/0361(COD)
Proposal for a regulation
Article 19 – paragraph 3
Article 19 – paragraph 3
3. Digital Services Coordinators shall communicate to the Commission and the Board the names, addresses and electronic mail addresses of the entities to which they have awarded the status of the trusted flagger in accordance with paragraph 2. Digital Services Coordinators shall engage in a regular dialogue with platforms and rightholders for maintaining the accuracy and efficacy of a trusted flagger system.
Amendment 387 #
2020/0361(COD)
Proposal for a regulation
Article 20 – paragraph 1
Article 20 – paragraph 1
1. Online platforms shall suspend, for a reasonable period of time and after having issued a prior warning, the provision of their services to recipients of the service that frequently provide manifestly illegal content.
Amendment 390 #
2020/0361(COD)
Proposal for a regulation
Article 20 – paragraph 2
Article 20 – paragraph 2
2. Online platforms shall suspend, for a reasonable period of time and after having issued a prior warning, the processing of notices and complaints submitted through the notice and action mechanisms and internal complaints- handling systems referred to in Articles 14 and 17, respectively, by individuals or entities or by complainants that frequently submit notices or complaints that are manifestly unfounded.
Amendment 392 #
2020/0361(COD)
Proposal for a regulation
Article 20 – paragraph 3 – point a
Article 20 – paragraph 3 – point a
(a) the absolute numbers of items of manifestly illegal content or manifestly unfounded notices or complaints, submitted in the past year;
Amendment 401 #
2020/0361(COD)
Proposal for a regulation
Article 23 – paragraph 1 – point b
Article 23 – paragraph 1 – point b
(b) the number of suspensions imposed pursuant to Article 20, distinguishing between suspensions enacted for the provision of manifestly illegal content, the submission of manifestly unfounded notices and the submission of manifestly unfounded complaints;
Amendment 416 #
2020/0361(COD)
Proposal for a regulation
Article 26 – paragraph 1 – point b
Article 26 – paragraph 1 – point b
(b) any negative effects for the exercise of the fundamental rights to, including the respect for private and family life, freedom of expression and information, the prohibition of discrimination and, the rights of the child, and intellectual property rights as enshrined in Articles 7, 11, 17, 21 and 24 of the Charter respectively;
Amendment 435 #
2020/0361(COD)
Proposal for a regulation
Article 29 – paragraph 1
Article 29 – paragraph 1
1. Very large oOnline platforms that use recommender systems shall set out in their terms and conditionseparately the information concerning the role and functioning of recommender systems, in a clear, accessible and easily comprehensible manner for average users, the main parameters used in their recommender systems, as well as anyto offer control with the available options for the recipients of the service to modify or influence those main parameters that they may have made available, including at least one option whichoptions which are not based on profiling, within the meaning of Article 4 (4) of Regulation (EU) 2016/679. Online platforms shall ensure that the option activated by default for the recipient of the service is not based on profiling, within the meaning of Article 4 (4) of Regulation (EU) 2016/679.
Amendment 67 #
2020/0340(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) The re-use regime provided for in this Regulation should apply to data the supply of which forms part of the public tasks of the public sector bodies concerned, as defined by law or by other binding rules in the Member States. In the absence of such rules the public tasks should be defined in accordance with common administrative practice in the Member States, provided that the scope of the public tasks is transparent and subject to review. The public tasks could be defined generally or on a case-by-case basis for individual public sector bodies. As public undertakings are not covered by the definition of public sector body, the data they hold should not be subject to this Regulation. Data held by cultural and educational establishments as well as for public media services, for which intellectual property rights are not incidental, but which are predominantly contained in works and other documents protected by such intellectual property rights, are not covered by this Regulation.
Amendment 74 #
2020/0340(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) Conditions for re-use of protected data that apply to public sector bodies competent under national law to allow re- use, and which should be without prejudice to rights or obligations concerning access to such data, should be laid down. Those conditions should be ethical, transparent, sustainable, non- discriminatory, proportionate and objectively justified, while not restricting competition. In particular, public sector bodies allowing re- use should have in place the technical means necessary to ensure the protection of rights and interests of third parties. Conditions attached to the re-use of data should be limited tocomply with what is necessary to preserve the rights and interests of others in the data and the integrity of the information technology and communication systems of the public sector bodies. Public sector bodies should apply conditions which best serve the interests of the re-user without leading to a disproportionate effort for the public sector. Depending on the case at hand, before its transmission, personal data should be fully anonymised, so as to definitively not allow the identification of the data subjects, or data containing commercially confidential information modified in such a way that no confidential information is disclosed. Similarly, depending on the case, public sector bodies should take adequate measures that aim at protecting content in such a way that no intellectual property rights are infringed. Where provision of anonymised or modified data would not respond to the needs of the re-user, on- premise or remote re-use of the data within a secure processing environment could be permitted. Data analyses in such secure processing environments should be supervised by the public sector body, so as to protect the rights and interests of others. In particular, personal data should only be transmitted for re-use to a third party where a legal basis allows such transmission. The public sector body could make the use of such secure processing environment conditional on the signature by the re-user of a confidentiality agreement that prohibits the disclosure of any information that jeopardises the rights and interests of third parties that the re-user may have acquired despite the safeguards put in place. The public sector bodies, where relevant, should facilitate the re-use of data on the basis of consent of data subjects or permissions of legal persons on the re-use of data pertaining to them through adequate technical means. In this respect, the public sector body should support potential re-users in seeking such consent by establishing technical mechanisms that permit transmitting requests for consent from re-users, where practically feasible. No contact information should be given that allows re-users to contact data subjects or companies directly.
Amendment 76 #
2020/0340(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) The intellectual property rights of third parties should not be affected by this Regulation. This Regulation should neither affect the existence or ownership of intellectual property rights of public sector bodies, nor should it limit the exercise of these rights in any way beyond the boundaries set by this Regulation. The obligations imposed in accordance with this Regulation should apply only insofar as they are compatible with the Charter, as well as international agreements on the protection of intellectual property rights, in particular the Berne Convention for the Protection of Literary and Artistic Works (Berne Convention), the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement) and the WIPO Copyright Treaty (WCT). Public sector bodies should, however, exercise their copyright in a way that facilitates re- use.
Amendment 86 #
2020/0340(COD)
Proposal for a regulation
Recital 19
Recital 19
(19) In order to build trust in re-use mechanisms, it may be necessary to attach stricter conditions for certain types of non- personal data that have been identified as highly sensitive, as regards the transfer to third countries, if such transfer could jeopardise public policy objectives, in line with international commitments. For example, in the health domain, certain datasets held by actors in the public health system, such as public hospitals, could be identified as highly sensitive health data. In order to ensure harmonised practices across the Union, such types of highly sensitive non-personal public data should be defined by Union law, for example in the context of the European Health Data Space or other sectoral legislation. The conditions attached to the transfer of such data to third countries should be laid down in delegated acts. Conditions should be ethical, transparent, sustainable, proportionate, non-discriminatory and necessary to protect legitimate public policy objectives identified, such as the protection of public health, public order, safety, the environment, public morals, consumer protection, privacy and personal data protection. The conditions should correspond to the risks identified in relation to the sensitivity of such data, including in terms of the risk of the re- identification of individuals. These conditions could include terms applicable for the transfer or technical arrangements, such as the requirement of using a secure processing environment, limitations as regards the re-use of data in third-countries or categories of persons which are entitled to transfer such data to third countries or who can access the data in the third country. In exceptional cases they could also include restrictions on transfer of the data to third countries to protect the public interest.
Amendment 95 #
2020/0340(COD)
Proposal for a regulation
Recital 27
Recital 27
(27) In order to ensure the compliance of the providers of data sharing services with the conditions set out in this Regulation, such providers should have a place of establishment in the Union. Alternatively, where a provider of data sharing services not established in the Union offers services within the Union, it should designate a representative. Designation of a representative is necessary, given that such providers of data sharing services handle personal data as well as commercially confidential data, which necessitates the close monitoring of the compliance of such service providers with the conditions laid out in this Regulation and with other relevant national and Union law. In order to determine whether such a provider of data sharing services is offering services within the Union, it should be ascertained whether it is apparent that the provider of data sharing services is planning to offer services to persons in one or more Member States. The mere accessibility in the Union of the website or of an email address and of other contact details of the provider of data sharing services, or the use of a language generally used in the third country where the provider of data sharing services is established, should be considered insufficient to ascertain such an intention. However, factors such as the use of a language or a currency generally used in one or more Member States with the possibility of ordering services in that other language, or the mentioning of users who are in the Union, may make it apparent that the provider of data sharing services is planning to offer services within the Union. The representative should act on behalf of the provider of data sharing services and it should be possible for competent authorities to contact the representative. The representative should be designated by a written mandate of the provider of data sharing services to act on the latter's behalf with regard to the latter's obligations under this Regulation.
Amendment 102 #
2020/0340(COD)
Proposal for a regulation
Recital 33
Recital 33
(33) The competent authorities designated to monitor compliance of data sharing services with the requirements in this Regulation should be chosen on the basis of their capacity and expertise regarding horizontal or sectoral data sharing, and they should be independent as well as transparent and impartial in the exercise of their tasks and they should closely liaise with all relevant national authorities, in particular for data protection, competition, cybersecurity, artificial intelligence and any other sectoral authorities. which may have information necessary for the exercise of their task. Member States should notify the Commission of the identity of the designated competent authorities.
Amendment 104 #
2020/0340(COD)
Proposal for a regulation
Recital 35
Recital 35
(35) There is a strong potential in the use of data made available voluntarily by data subjects based on their consent or, where it concerns non-personal data, made available by legal persons, for purposes of general interest. Such purposes would include healthcare, combating climate change, improving mobility and education, reducing gender and cultural gaps, facilitating the establishment of official statistics or improving the provision of public services. Support to scientific research, including for example technological development and demonstration, fundamental research, applied research and privately funded research, insofar as it contributes to the common benefit of society, should be considered as well purposes of general interest. This Regulation aims at contributing to the emergence of pools of data made available on the basis of data altruism that have a sufficient size in order to enable data analytics and machine learning, including across borders in the Union.
Amendment 107 #
2020/0340(COD)
Proposal for a regulation
Recital 36
Recital 36
(36) Legal entities that seek to support purposes of general interest by making available relevant data based on data altruism at scale and meet certain requirements, should be able to register as ‘Data Altruism Organisations recognised in the Union’. This could lead to the establishment of data repositories. As registration in a Member State would be valid across the Union, and this should facilitate cross-border data use within the Union and the emergence of data pools covering several Member States. Data subjects in this respect would consent to specific purposes of data processing, but could also consent to data processing in certain areas of research or parts of research projects as it is often not possible to fully identify the purpose of personal data processing for scientific research purposes at the time of data collection. This should be understood without prejudice of the consent procedures established in Regulation (EU) 2016/679. Legal persons could give permission to the processing of their non-personal data for a range of purposes of general interest, although not defined at the moment of giving the permission. The voluntary compliance of such registered entities with a set of requirements should bring trust that the data made available on altruistic purposes is serving a general interest purpose. Such trust should result in particular from a place of establishment within the Union, as well as from the requirement that registered entities have a not-for-profit character, from ethical and transparency requirements and from specific safeguards in place to protect rights and interests of data subjects and companies. Further safeguards should include making it possible to process relevant data within a secure processing environment operated by the registered entity, oversight mechanisms such as ethics councils or boards to ensure that the data controller maintains high standards of scientific ethics, effective technical means to withdraw or modify consent at any moment, based on the information obligations of data processors under Regulation (EU) 2016/679 as well as means for data subjects to stay informed about the use of data they made available.
Amendment 113 #
2020/0340(COD)
Proposal for a regulation
Recital 46
Recital 46
(46) This Regulation respects the fundamental rights and observes the principles recognised in particular by the Charter, including the right to privacy, the protection of personal data, the freedom to conduct a business, the right to property, including intellectual property rights and the integration of persons with disabilities,
Amendment 117 #
2020/0340(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 2 a (new)
Article 2 – paragraph 1 – point 2 a (new)
(2a) "purposes of general interest" means purposes whereby data is used for the common benefit of society within the scope of application of this Regulation and pertaining to all relevant sectors of public life.
Amendment 140 #
2020/0340(COD)
Proposal for a regulation
Article 5 – paragraph 2
Article 5 – paragraph 2
(2) Conditions for re-use shall be ethical, transparent, sustainable, non- discriminatory, proportionate and objectively justified with regard to categories of data and purposes of re-use and the nature of the data for which re-use is allowed. These conditions shall not be used to restrict competition.
Amendment 150 #
2020/0340(COD)
Proposal for a regulation
Article 5 – paragraph 5
Article 5 – paragraph 5
(5) The public sector bodies shall impose conditions that preserve the integrity of the functioning of the technical systems of the secure processing environment used. The public sector body shall be able to verify any resultthe different steps of the processing of data undertaken by the re- user until and including the results of such a processing and reserve the right to prohibit the use of results that contain information jeopardising the rights and interests of third parties.
Amendment 164 #
2020/0340(COD)
Proposal for a regulation
Article 5 – paragraph 12
Article 5 – paragraph 12
(12) The natural or legal person to which the right to re-use non-personal data was granted may transfer the data only to those third-countries for which the requirements in paragraphs 98a to 11 are met.
Amendment 166 #
2020/0340(COD)
Proposal for a regulation
Article 5 – paragraph 13
Article 5 – paragraph 13
(13) Where the re-user intends to transfer non-personal data to a third country, the public sector body shall inform the data holder about the transfer of data to that third country and for what purposes of general interest.
Amendment 171 #
2020/0340(COD)
Proposal for a regulation
Article 6 – paragraph 4
Article 6 – paragraph 4
(4) Where they apply fees, public sector bodies shall take measures to incentivise the re-use of the categories of data referred to in Article 3 (1) for non- commercial purposes in the public interest and by small and medium-sized enterprises in line with State aid rules by allowing re- use at a lower cost or for free.
Amendment 176 #
2020/0340(COD)
Proposal for a regulation
Article 7 – paragraph 2 – point c
Article 7 – paragraph 2 – point c
(c) assisting the public sector bodies, where relevant, in obtaining consent or permission by re-users for re-use for altruistic and other purposes in line with specific decisions of data holders, including on the jurisdiction or jurisdictions in which the data processing is intended to take place and in the preparation of data literacy tools to provide information to data holders in a comprehensive and fully understandable manner allowing them to make informed choices;
Amendment 179 #
2020/0340(COD)
Proposal for a regulation
Article 8 – paragraph 4
Article 8 – paragraph 4
(4) AWithout prejudice to any other cumulative administrative and non- judicial remedy, any natural or legal person affected by a decision of a public sector body or of a competent body, as the case may be, shall have the right to an effective judicial remedy against such decision before the courts of the Member State where the relevant body is located.
Amendment 186 #
2020/0340(COD)
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
(2) This Chapter shall be without prejudice to the application of other Union and national law to providers of data sharing services, including powers of supervisory authorities to ensure compliance with applicable law, in particular as regard the protection of personal data, intellectual property rights and competition law.
Amendment 222 #
2020/0340(COD)
Proposal for a regulation
Article 12 – paragraph 3
Article 12 – paragraph 3
(3) The designated competent authorities, the data protection authorities, the national competition authorities, the authorities in charge of cybersecurity, and other relevant sectorial authorities shall ensure adequate coordination measures to exchange the information which is necessary for the exercise of their tasks in relation to data sharing providers.
Amendment 223 #
2020/0340(COD)
Proposal for a regulation
Article 13 – paragraph 4 – point b a (new)
Article 13 – paragraph 4 – point b a (new)
(ba) the non compliance with condition of article 11 paragraph 2 may result in a decision by the national competent authority to require the cessation of the provision of the concerned data sharing service;
Amendment 228 #
2020/0340(COD)
Proposal for a regulation
Article 18 – paragraph 2 – point c
Article 18 – paragraph 2 – point c
(c) a list of all natural and legal persons that were allowed to use data it holds, including a summary description of the general interest purposes pursued by such data use and the description of the technical means used for it, including a description of the techniques used to preserve privacy and data protection in accordance with national and Union law;
Amendment 229 #
2020/0340(COD)
Proposal for a regulation
Article 18 – paragraph 2 – point e a (new)
Article 18 – paragraph 2 – point e a (new)
(ea) in case where a notification pursuant to paragraph 3 of article 21 has taken place, a description of the measures taken in order to address the finding of non-compliance with one or more of the requirements of this Chapter.
Amendment 232 #
2020/0340(COD)
Proposal for a regulation
Article 19 – paragraph 2
Article 19 – paragraph 2
(2) The entity shall also ensure that the data is not be used for other purposes than those of general interest for which it permits the processing. The non- compliance with this requirement should result in a decision by the national competent authority to remove the entity from the register of recognised data altruism organisation.
Amendment 234 #
2020/0340(COD)
Proposal for a regulation
Article 21 – paragraph 5 a (new)
Article 21 – paragraph 5 a (new)
(5a) However, non- compliance with the requirement of article 19 paragraph 2 should result on a decision to remove the entity from the register of recognised data altruism organisations
Amendment 243 #
2020/0340(COD)
Proposal for a regulation
Article 27 – paragraph 1 – point e
Article 27 – paragraph 1 – point e
(e) to facilitate the cooperation between national competent authorities under this Regulation through capacity- building and the exchange of information, in particular by establishing methods for the efficient exchange of information relating to the notification procedure for data sharing service providers and the registration and monitoring of recognised data altruism organisations. It should also ensure adequate cooperation between national competent authorities and any other relevant authorities at national and at Union level where necessary for the exercise of their task of monitoring the compliance with the requirements established in this Regulation.
Amendment 135 #
2020/0104(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) The outbreak of the COVID-19 pandemic in early 2020 changed the economic outlook for the years to come in the Union and in the world, calling for an urgent and coordinated response from the Union in order to cope with the enormous economic and social consequences for all Member. The challenges linked to the demographic context, social inclusion and social cohesion have been amplified by COVID-19. The current COVID-19 pandemic as well as the previous economic and financial crisis have shown that developing sound and resilient economies and financial systems built on strong economic and social structures helps Member States to respond more efficiently to shocks and recover more swiftly from them. Moreover, they have shown that cuts in public spending on education, culture and healthcare are counterproductive to a swift recovery and to build resilient economies and societies. The medium and long-term consequences of the COVID-19 crisis will critically depend on how quickly Member States’ economies will recover from the crisis, which in turn depends on the fiscal space Member States have available to take measures to mitigate the social and economic impact of the crisis, and on the resilience of their economies and public services of general interest. Reforms and investments to address structural weaknesses of the economies and public services of general interest and strengthen their resilience will therefore be essential to set the economies and social life back on a sustainable recovery path and avoid further widening of the divergences in the Union.
Amendment 151 #
2020/0104(COD)
Proposal for a regulation
Recital 4 a (new)
Recital 4 a (new)
(4a) Considering that the cultural and creative sectors and industries have been hit particularly hard by the fallout from the COVID-19 pandemic due to, amongst other things, the closure of cinemas, theatres and other cultural venues, the sudden stop of ticket sales and low advertisement sales, the Union and its Member States should earmark at least 2% of the Recovery and Resilience Facility for the support of these sectors, which are of utmost importance for the economies, social cohesion, tourism and recreation.
Amendment 152 #
2020/0104(COD)
Proposal for a regulation
Recital 4 a (new)
Recital 4 a (new)
(4a) The COVID-19 pandemic and the measures taken to mitigate its effects on the economies have had disastrous consequences for the social life in all Member States. Education, cultural activities, tourism and recreation came almost to a standstill. The Union and its Member States should therefore also invest in the recovery and resilience of these sectors and policy areas.
Amendment 153 #
2020/0104(COD)
Proposal for a regulation
Recital 4 b (new)
Recital 4 b (new)
(4b) Considering that the cultural and creative sectors have been hit particularly hard by the fallout from the COVID-19 pandemic due to, amongst other things, the closure of cinemas, theatres and other cultural venues, the sudden stop of ticket sales and low advertisement sales, the Union and its Member States should earmark at least 2% of the Recovery and Resilience Facility for the support of these sectors, which are of utmost importance for the economies, social cohesion, tourism and recreation.
Amendment 154 #
2020/0104(COD)
Proposal for a regulation
Recital 4 c (new)
Recital 4 c (new)
(4c) The COVID-19 pandemic has brought to the fore that our educational systems are not as resilient as they should be. The pandemic has probably caused the most severe disruption to the world’s education and training systems in history, with many pupils and students in the Union having no or little access to remote learning due to a lack of digital equipment, infrastructure and competences, but also due to their vulnerable social status. This situation is threatening a loss of learning for an entire generation of pupils and students, likely to decrease future income levels of the affected generation and to negatively impact labour productivity, growth and competitiveness levels for the Union as a whole. The Union and its Member States should therefore allocate 10% of the Recovery and Resilience Facility for investments in quality and inclusive education and training, educational infrastructure, online and offline, skills and competences.
Amendment 161 #
2020/0104(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) The implementation of reforms contributing to promote social cohesion and to achieve a high degree of resilience of domestic economies, strengthening adjustment capacity and unlocking growth potential are among the Union’s policy priorities. They are therefore crucial to set the recovery on a sustainable path and support the process of upward economic and social convergence. This is even more necessary in the aftermath of the pandemic crisis to pave the way for a swift recovery.
Amendment 171 #
2020/0104(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) Past experiences have shown that investment is often drastically cut during crises. However, it is essential to support investment, public and private, in this particular situation to speed up the recovery, mitigate the effects of the pandemic on social inclusion and cohesion and strengthen long- term growth potential. Investing in green and digital technologies, capacities and processes aimed at assisting clean energy transition, boosting energy efficiency in housing and other key sectors of the economic are important to achieve sustainable growth and help create jobs. It will also help make the Union more resilient and less dependent by diversifying key supply chains. However, it is equally important to invest in education, culture and other public services of general interest in order to promote social inclusion and social cohesion, to prepare the citizens for the future needs of our labour markets, to equip them with the necessary skills and competences and to give them new opportunities.
Amendment 200 #
2020/0104(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) Currently, no instrument foresees direct financial support linked to the achievement of results and to implementation of reforms and public investments of the Member States in response to challenges identified in the European Semester, and with a view to having a lasting impact on the productivity and resilience of the economy and public services of the Member States.
Amendment 270 #
2020/0104(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) In order to implement these overall objectives, relevant actions will be identified during the Facility’s preparation and implementation, and reassessed in the context of the relevant evaluations and review processes. Also, due attention should be paid to the impact of the national plans submitted under this Regulation on fostering not only the green transition, but also the digital transformation, including the promotion of digital education, skills and competences. They will both play a priority role in relaunching and modernising our economy.
Amendment 321 #
2020/0104(COD)
Proposal for a regulation
Recital 14
Recital 14
(14) The Facility’s general objective should be the promotion of economic, social and territorial cohesion. For that purpose, it should contribute to improving the resilience and adjustment capacity of the Member States, mitigating the social and economic impact of the crisis, and supporting the green and digital transitions aimed at achieving a climate neutral Europe by 2050, thereby restoring the growth potential of the economies of the Union in the aftermath of the crisis, fostering public services, employment creation and to promoting sustainable growth.
Amendment 344 #
2020/0104(COD)
Proposal for a regulation
Recital 16
Recital 16
(16) To ensure its contribution to the objectives of the Facility, the recovery and resilience plan should comprise measures for the implementation of reforms and public investment projects through a coherent recovery and resilience plan. The recovery and resilience plan should be consistent with the relevant country- specific challenges and priorities identified in the context of the European Semester, with the national reform programmes, the national energy and climate plans, the just transition plans, and the partnership agreements and operational programmes adopted under the Union funds. To boost actions that fall within the priorities of the European Green Deal and the Digital Agenda, the plan should also set out measures that are relevant for the green and digital transitions. Furthermore, the plan should set out measures in the areas of education and culture, which contribute considerably to economic and social resilience. The measures should enable a swift deliver of targets, objectives and contributions set out in national energy and climate plans and updates thereof. All supported activities should be pursued in full respect of the climate and environmental priorities of the Union.
Amendment 605 #
2020/0104(COD)
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
The scope of application of the Recovery and Resilience Facility established by this Regulation shall refer to policy areas related to economic, social and territorial cohesion, the green and digital transitions, health, social inclusion, competitiveness, resilience, productivity, culture and creativity, education and skills, research and innovation, smart, sustainable and inclusive growth, jobs and investment, and the stability of the financial systems.
Amendment 861 #
2020/0104(COD)
Proposal for a regulation
Article 14 – paragraph 2
Article 14 – paragraph 2
2. The recovery and resilience plans shall be consistent with the relevant country-specific challenges and priorities identified in the context of the European Semester, in particular those relevant for or resulting from the green and digital transition. The recovery and resilience plans shall also take into consideration sectors and policy areas that usually receive little attention in the context of the European Semester, but that suffer considerably from the pandemic, such as education and culture. Therefore, each national recovery and resilience plan shall dedicate at least 2% of the overall budget to the cultural and creative sectors. Furthermore, 10% shall be dedicated for investments in quality and inclusive education. The recovery and resilience plans shall also be consistent with the information included by the Member States in the national reform programmes under the European Semester, in their national energy and climate plans and updates thereof under the Regulation (EU)2018/199921 , in the territorial just transition plans under the Just Transition Fund22 , and in the partnership agreements and operational programmes under the Union funds. __________________ 21Regulation (EU)2018/1999 of the European Parliament and of the Council of 11 December 2018 on the Governance of the Energy Union and Climate Action. 22 […]
Amendment 864 #
2020/0104(COD)
Proposal for a regulation
Article 14 – paragraph 2
Article 14 – paragraph 2
2. The recovery and resilience plans shall be consistent with the relevant country-specific challenges and priorities identified in the context of the European Semester, in particular those relevant for or resulting from the green and digital transition. The recovery and resilience plans shall also take into consideration sectors and policy areas that usually receive little attention in the context of the European Semester, but that suffer considerably from the pandemic, such as culture and education. Therefore, each national recovery and resilience plan shall dedicate at least 2% of the overall budget to the cultural and creative sectors and industries. The recovery and resilience plans shall also be consistent with the information included by the Member States in the national reform programmes under the European Semester, in their national energy and climate plans and updates thereof under the Regulation (EU)2018/199921 , in the territorial just transition plans under the Just Transition Fund22 , and in the partnership agreements and operational programmes under the Union funds. __________________ 21Regulation (EU)2018/1999 of the European Parliament and of the Council of 11 December 2018 on the Governance of the Energy Union and Climate Action. 22 […]
Amendment 53 #
2020/0006(COD)
Proposal for a regulation
Recital 1
Recital 1
(1) The regulatory framework governing the Union’s cohesion policy for the period from 2021 to 2027, in the context of the next multi-annual financial framework, contributes to the fulfilment of the Union’s commitments to implement the Paris Agreement and the United Nations Sustainable Development Goals by concentrating Union funding on green objectives. This Regulation implements one of the priorities set out in the Communication on the European Green Deal (‘the European Green Deal’)11 and is part of the Sustainable Europe Investment Plan12 providing dedicated financing under the Just Transition Mechanism in the context of cohesion policy to address the economic and social costs of the transition to a climate-neutral and circular economy, where any remaining greenhouse gas emissions are compensated by equivalent absorptions and where resources are used sustainably. _________________ 11 COM(2019) 640 final, 11.12.2019. 12 COM(2020) 21, 14.1.2020.
Amendment 61 #
2020/0006(COD)
Proposal for a regulation
Recital 2
Recital 2
(2) The transition to a sustainable, climate-neutral and circular economy constitutes one of the most important policy objectives for the Union. On 12 December 2019, the European Council endorsed the objective of achieving a climate-neutral Union by 2050, in line with the objectives of the Paris Agreement. While fighting climate change and environmental degradation will benefit all in the long term and provides opportunities and challenges for all in the medium term, not all regions and Member States start their transition from the same point or have the same capacity to respond and not all have to the same extent adopted policies and measures to facilitate transition. Some are more advanced than others, whereas the transition entails a wider social and economic impactimpact in economic, labour and social terms for those regions that rely heavily on fossil fuels - especially coal, lignite, peat and oil shale - or greenhouse gas intensive industries. Such a situation not only creates the risk of a variable speed transition in the Union as regards climate action, but also of growing disparities between regions, detrimental to the objectives of social, economic and territorial cohesion.
Amendment 74 #
2020/0006(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) In order to be successful, the transition has to be fair and socially acceptable for all. A just climate and energy transition must not leave anyone behind and should create conditions to eradicate energy poverty. Therefore, both the Union and the Member States must take into account its economic and social implications from the outset, and deploy all possible instruments to mitigate adverse consequences. The Union budget has an important role in that regard.
Amendment 93 #
2020/0006(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) As set out in the European Green Deal and the Sustainable Europe Investment Plan, a Just Transition Mechanism should complement the other actions under the next multi-annual financial framework for the period from 2021 to 2027. It should contribute to addressing the social and economic consequences of transitioning towards Union climate neutrality by 2050 by bringing together the Union budget’s spending on climate and social objectives at regional level.
Amendment 104 #
2020/0006(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) This Regulation establishes the Just Transition Fund (‘JTF’) which is one of the pillars of the Just Transition Mechanism implemented under cohesion policy. The aim of the JTF is to mitigate the adverse effects of the climate and environmental transition by supporting the most affected territories and workers concerned. In line with the JTF specific objective, actions supported by the JTF should directly contribute to alleviate the impact of the transition by financing the diversification and modernisation of the local economy and by mitigating the negative repercussions on employment. This is reflected in the JTF specific objective, which is established at the same level and listed together with the policy objectives set out in Article [4] of Regulation EU [new CPR].
Amendment 108 #
2020/0006(COD)
Proposal for a regulation
Recital 5 a (new)
Recital 5 a (new)
(5a) The Just Transition Fund will, through the reform of the Common Provisions Regulation, be integrated within the Cohesion Policy Funds package. As such, it should ensure compliance with the provisions of Article 174(1) TFEU by promoting ‘actions leading to the strengthening of its economic, social and territorial cohesion’. Thus, the Just Transition Fund should throughout its regulatory provisions reflect the objective of reducing differences between the different regions, with particular emphasis on the least favoured, in order to avoid potential economic or social disadvantages in the transition process.
Amendment 111 #
2020/0006(COD)
Proposal for a regulation
Recital 5 b (new)
Recital 5 b (new)
(5b) A Just Transition Fund must not exacerbate existing inequalities between Member States nor weaken the Single Market.
Amendment 122 #
2020/0006(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) In view of the importance of tackling climate change in line with the Union’s commitments to implement the Paris Agreement, the commitment regarding the United Nations Sustainable Development Goals and the increased ambition of the Union as proposed in the European Green Deal, the JTF should provide a key contribution to mainstream climate and environmental actions. Resources from the JTF own envelope are additional and come on top of the investments needed to achieve the overall target of 25 % of the Union budget expenditure contributing to climate objectives. Resources transferred from the ERDF and ESF+ will contribute fully to the achievement of this target.
Amendment 127 #
2020/0006(COD)
Proposal for a regulation
Recital 6 a (new)
Recital 6 a (new)
(6a) A just transition also implies supporting those most affected by climate change. The impacts of a changing climate will have a disproportionate effect on certain regions and communities which, in a spirit of European solidarity, should be supported.
Amendment 136 #
2020/0006(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) The resources from the JTF should complement the resources available under cohesion policy and the allocation criteria should take account of the level of economic development of the Member States and regions and their concomitant investment capacity.
Amendment 160 #
2020/0006(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) In order to set out an appropriate financial framework for the JTF, the Commission should set out the annual breakdown of available allocations per Member State and adjustments resulting from interim investments under the Investment for jobs and growth goal, based on objective criteriaand transparent criteria in the JTF allocation system including a fair allocation mechanism both from the Union to the Member States and from the Member States to their regions.
Amendment 168 #
2020/0006(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) This Regulation identifies types of investments for which expenditure may be supported by the JTF. All supported activities should be pursued in full respect of the climate and environmental priorities of the Union. The list of investments should include those that support local economies and are sustainable in the long- term, taking into account all the objectives of the European Pillar of Social Rights and of the European Green Deal. The projects financed should contribute to a gradual and full transition to a sustainable, climate-neutral and circular economy. For declining sectors, such as energy production based on coal, lignite, peat and oil shale or extraction activities for these solid fossil fuels, support should be linked to the phasing out of the activity and the corresponding reduction in the employment level. As regards transforming sectors with high greenhouse gas emission levels, support should promote new activities through the deployment of new technologies, new processes or products, leading to significant emission reduction, in line with the EU 2030 climate objectives and EU climate neutrality by 205013 while maintaining and enhancing employment and avoiding environmental degradation. The aggravating factors to be taken into account are the unemployment rate, depopulation trends and past conversion efforts linked to fossil fuels that have weakened the associated economic fabric in the regions. Particular attention should also be given to activities enhancing innovation and research in advanced and sustainable technologies, as well as in the fields of digitalisation and, connectivity and sustainable mobility, provided that such measures help mitigate the negative side effects of a transition towards, and contribute to, a sustainable, climate- neutral and circular economy. _________________ 13 As set out in “A Clean Planet for all European strategic long-term vision for a prosperous, modern, competitive and climate neutral economy”, Communication from the Commission to the European Parliament, the European Council, the Council, the European Economic and Social Committee, the Committee of the Regions and the European Investment Bank - COM(2018) 773 final.
Amendment 183 #
2020/0006(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) To protect citizens who are most vulnerable to the climate transition, the JTF should also cover the up-skilling and reskilling of the affected workers, with the aim of helping them to adapt to new employment opportunities and of self-employed workers whose activity is affected as a result of significant structural changes, with the aim of helping them to adapt to new employment opportunities and new professional qualifications that are suited to a circular, green and digital economy, as well as providing job-search assistance to jobseekers and their active inclusion into the labour market. Particular emphasis should be placed on young and older workers and those who find it hardest to regain a foothold on the labour market.
Amendment 246 #
2020/0006(COD)
Proposal for a regulation
Recital 14
Recital 14
(14) The JTF support should be conditional on the effective implementation of a transition process in a specific territory in order to achieve a climate-neutral national economy. In that regard, Member States should prepare, in cooperation with the relevant stakeholders, notably local actors and social partners as well as researchers, and supported by the Commission, territorial just transition plans, detailing the transition process, consistently with their National Energy and Climate Plans with the European Pillar of Social Rights and increasing their climate ambition. To this end, the Commission should set up a Just Transition Platform, which would build on the existing platform for coal regions in transition to enable bilateral and multilateral exchanges of experience on lessons learnt and best practices across all affected sectors as well as the analysis, assessment and follow up and monitoring of the aid.
Amendment 291 #
2020/0006(COD)
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
1. This Regulation establishes the Just Transition Fund (‘JTF’) to provide economic, individual and environmental support to territories facing serious socio- economic challenges deriving from the transition process towards the Union's 2030 target for climate set out in Article 2(11) of Regulation (EU) 2018/1999 and towards a climate-neutral economy of the Union by 2050.
Amendment 298 #
2020/0006(COD)
Proposal for a regulation
Article 1 – paragraph 2
Article 1 – paragraph 2
2. It lays down the specific objective of the JTF, its geographical coverage and resources, the scope of its support with regard to the Investment for jobs and growth goal referred to in [point (a) of Article 4(2)] of Regulation (EU) [new CPR] as well as specific provisions for programming and, criteria and transparent targets, as well as indicators necessary for monitoring.
Amendment 303 #
2020/0006(COD)
Proposal for a regulation
Article 2 – paragraph 1
Article 2 – paragraph 1
In accordance with the second subparagraph of Article [4(1)] of Regulation (EU) [new CPR], the JTF shall contribute to the single specific objective ‘enabling regions and people to address the social, employment, economic and environmental impacts of the transition towards a climate- neutral economy’. by 2050, including achievement of the EU’s greenhouse gas emission reductions target for 2030.
Amendment 316 #
2020/0006(COD)
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
1. The JTF shall support the Investment for jobs and growth goal in all Member States that have supported the 2050 climate neutrality target, are demonstrating commitment through their national energy and climate plans and require financial assistance to achieve a resilient and climate-neutral economy by 2050.
Amendment 396 #
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, including energy research, and fostering the transfer of advanced technologies;
Amendment 403 #
2020/0006(COD)
Proposal for a regulation
Article 4 – paragraph 2 – subparagraph 1 – point d
Article 4 – paragraph 2 – subparagraph 1 – point d
(d) investments in the deployment of technology and infrastructures for affordable and sustainable clean energy, in greenhouse gas emission reduction, energy efficiency and renewable energy, including storage technology, to facilitate alternative solutions such as sustainable mobility or building renovation, for example;
Amendment 432 #
2020/0006(COD)
Proposal for a regulation
Article 4 – paragraph 2 – subparagraph 1 – point e
Article 4 – paragraph 2 – subparagraph 1 – point e
(e) investments in digitalisation and digital connectivity including equipment and appliance load monitoring, and communications research and technology, facilitating the development of demand- side response and precision agriculture;
Amendment 461 #
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 environmental transformation in sectors that are economically relevant to regions in transition, such as tourism or agriculture;
Amendment 474 #
2020/0006(COD)
Proposal for a regulation
Article 4 – paragraph 2 – subparagraph 1 – point g b (new)
Article 4 – paragraph 2 – subparagraph 1 – point g b (new)
(gb) green infrastructure;
Amendment 484 #
2020/0006(COD)
Proposal for a regulation
Article 4 – paragraph 2 – subparagraph 1 – point h
Article 4 – paragraph 2 – subparagraph 1 – point h
(h) upskilling and reskilling of workers, the self-employed and the most vulnerable;
Amendment 520 #
2020/0006(COD)
Proposal for a regulation
Article 4 – paragraph 2 – subparagraph 1 – point k a (new)
Article 4 – paragraph 2 – subparagraph 1 – point k a (new)
(ka) any other specific activities, as agreed between the relevant local and regional bodies in the territory concerned, the Member State and the European Commission, that are in line with local development strategies and facilitate the transition towards a carbon-neutral EU economy by 2050;
Amendment 529 #
2020/0006(COD)
Proposal for a regulation
Article 4 – paragraph 2 – subparagraph 2
Article 4 – paragraph 2 – subparagraph 2
Additionally, the JTF may support, in areas designated as assisted areas in accordance with points (a) and (c) of Article 107(3) of the TFEU, productive investments in enterprises other than SMEs, provided that such investments have been approved as part of the territorial just transition plan based on the information required under point (h) of Article 7(2). Such investments shall only be eligible where they are necessary for the implementation of the territorial just transition plan and where they facilitate transition to a climate- neutral economy without relocation, in line with Article 60 of Regulation No .../... [CPR]..
Amendment 553 #
2020/0006(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point c
Article 5 – paragraph 1 – point c
Amendment 571 #
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 not leading to a net reduction in greenhouse gas emissions;
Amendment 573 #
2020/0006(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point d
Article 5 – paragraph 1 – point d
(d) investment related to the mining, production, processing, distribution, storage or combustion of fossil fuels, including the opening of new mines;
Amendment 584 #
2020/0006(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point e
Article 5 – paragraph 1 – point e
Amendment 590 #
2020/0006(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point e a (new)
Article 5 – paragraph 1 – point e a (new)
(ea) investment in companies other than SMEs, involving the transfer of jobs, capital and production processes from one Member State to another.
Amendment 595 #
2020/0006(COD)
Proposal for a regulation
Article 5 – paragraph 1 – subparagraph 2 (new)
Article 5 – paragraph 1 – subparagraph 2 (new)
No aid shall be granted to operations in a NUTS 2 region in which the opening of a new coal, lignite or bituminous shale mine or peat extraction field or the reopening of a coal, lignite or bituminous shale mine or peat extraction field that would otherwise have been provisionally decommissioned are planned in the course of the programme under a regional just transition plan.
Amendment 629 #
2020/0006(COD)
Proposal for a regulation
Article 6 – paragraph 2
Article 6 – paragraph 2
2. The JTF priority or priorities shall comprise the JTF resources consisting of all or part of the JTF allocation for the Member States and the resources transferred in accordance with Article [21a] of Regulation (EU) [new CPR]. The total of the ERDF and ESF+ resources transferred to the JTF priority shall be at least equal to one and a half times the amount of support from the JTF to that priority but shall not exceed three times that amount, ensuring that JTF appropriations are additional to the ERDF and ESF resources routinely earmarked for each region.
Amendment 666 #
2020/0006(COD)
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
1. Member States shall prepare, together with the relevant regional and local authorities of the territories concerned, one or more territorial just transition plans covering one or more affected territories corresponding to level 3 of the common classification of territorial units for statistics (‘NUTS level 3 regions’) as established by Regulation (EC) No 1059/2003 of the European Parliament and of the Council as amended by Commission Regulation (EC) No 868/201417 or parts thereof, in accordance with the template set out in Annex II. Those territories shall be those most negatively affected based on the employment, economic and social impacts resulting from the transition, in particular with regard to expected job losses in fossil fuel production and use and the transformation needs of the production processes of industrial facilities with the highest greenhouse gas intensity. _________________ 17 Regulation (EC) No 1059/2003 of the European Parliament and of the Council of 26 May 2003 on the establishment of a common classification of territorial units for statistics (NUTS) (OJ L 154 21.6.2003, p. 1).
Amendment 683 #
2020/0006(COD)
Proposal for a regulation
Article 7 – paragraph 2 – point a
Article 7 – paragraph 2 – point a
(a) a description of the transition process at national level towards a climate- neutral economy, including transition measures already taken and a timeline for the next key transition steps which are consistent with the latest version of the National Energy and Climate Plan (‘NECP’);
Amendment 687 #
2020/0006(COD)
Proposal for a regulation
Article 7 – paragraph 2 – point b
Article 7 – paragraph 2 – point b
(b) a justification for identifying the territories as most negatively affected by the transition process referred to in point (a) and to be supported by the JTF, in accordance with paragraph 1, including indicators such as the unemployment rate and the depopulation rate, as well as previous efforts made in the territory to foster the decarbonisation of key sectors and activities;
Amendment 692 #
2020/0006(COD)
Proposal for a regulation
Article 7 – paragraph 2 – point b a (new)
Article 7 – paragraph 2 – point b a (new)
Amendment 693 #
2020/0006(COD)
Proposal for a regulation
Article 7 – paragraph 2 – point b b (new)
Article 7 – paragraph 2 – point b b (new)
(bb) a clear commitment to achieving the objective of a climate- neutral EU by 2050 and meeting the 2030 reduction targets;
Amendment 709 #
2020/0006(COD)
Proposal for a regulation
Article 7 – paragraph 2 – point d
Article 7 – paragraph 2 – point d
(d) a description of the expected contribution of the JTF support to addressing the social, demographic, economic and environmental impacts of the transition to a climate-neutral economy;
Amendment 786 #
2020/0006(COD)
Proposal for a regulation
Article 8 a (new)
Article 8 a (new)
Amendment 797 #
2020/0006(COD)
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
Where the Commission concludes, based on the examination of the final performance report of the programme, that there is a failure to achieve at least 65% of the target established for one or more output or result indicators for the JTF resources, it may make financial corrections pursuant to Article [98] of Regulation (EU) [new CPR] by reducing the support from the JTF to the priority concerned in proportion to the achievements.
Amendment 814 #
2020/0006(COD)
Proposal for a regulation
Annex I – paragraph 1 – point a – point i
Annex I – paragraph 1 – point a – point i
(i). greenhouse-gas emissions of industrial facilities in NUTS level 2 regions where the carbon intensity, as defined by the ratio of greenhouse gas emissions of industrial facilities as reported by Member States in accordance with Article 7 of Regulation (EC) No 166/2006 of the European Parliament and of the Council28 compared to the gross value added of the industry, exceeds by a factor of two the EU-27 average. Where that level is not exceeded in any NUTS level 2 regions in a given Member State, greenhouse-gas emissions of industrial facilities in the NUTS level 2 region with the highest carbon intensity is taken into account (weighting 49%), _________________ 28Regulation (EC) No 166/2006 of the European Parliament and of the Council of 18 January 2006 concerning the establishment of a European Pollutant Release and Transfer Register and amending Council Directives 91/689/EEC and 96/61/EC (OJ L 33, 4.2.2006, p. 1).: 25%),
Amendment 826 #
2020/0006(COD)
Proposal for a regulation
Annex I – paragraph 1 – point a – point ii
Annex I – paragraph 1 – point a – point ii
Amendment 827 #
2020/0006(COD)
Proposal for a regulation
Annex I – paragraph 1 – point a – point ii a (new)
Annex I – paragraph 1 – point a – point ii a (new)
(iia) the unemployment rate in the territory (weighting: 20%);
Amendment 828 #
2020/0006(COD)
Proposal for a regulation
Annex I – paragraph 1 – point a – point ii b (new)
Annex I – paragraph 1 – point a – point ii b (new)
(iib) prior efforts to meet climate and environmental objectives, taking into account the resulting economic impact and lob losses (weighting: 15%);
Amendment 829 #
2020/0006(COD)
Proposal for a regulation
Annex I – paragraph 1 – point a – point ii c (new)
Annex I – paragraph 1 – point a – point ii c (new)
(bc) the depopulation rate (weighting: 15%);
Amendment 832 #
2020/0006(COD)
Proposal for a regulation
Annex I – paragraph 1 – point a – point iii
Annex I – paragraph 1 – point a – point iii
(iii) employment in industry in the NUTS level 2 regions taken into account for the purposes of point (i) (weighting 25: 12%),
Amendment 835 #
2020/0006(COD)
Proposal for a regulation
Annex I – paragraph 1 – point a – point iii a (new)
Annex I – paragraph 1 – point a – point iii a (new)
(iiia) The unemployment rate, in particular among young people and older workers who find it hardest to regain a foothold on the labour market.
Amendment 849 #
2020/0006(COD)
Proposal for a regulation
Annex I – paragraph 1 – point b
Annex I – paragraph 1 – point b
(b) the allocations resulting from the application of point (a) are adjusted to ensure that no Member State receives an amount exceeding EUR 2 billion or over EUR 40 per capita of its population for the entire period. The amounts exceeding EUR 2 billionthe previous limits per Member State are redistributed proportionally to the allocations of all other Member States. The Member States shares are recalculated accordingly;
Amendment 863 #
2020/0006(COD)
Proposal for a regulation
Annex I – paragraph 1 – point d – introductory part
Annex I – paragraph 1 – point d – introductory part
(d) the allocations resulting from the application of point (c) are adjusted to ensure that the final allocation from the JTF results in a per capitan aid intensity (measured on the basis of the entireunemployed population of the Member State) of at least EUR 60.15 per person unemployed over the entire period.
Amendment 865 #
2020/0006(COD)
Proposal for a regulation
Annex I – paragraph 1 – point d – introductory part
Annex I – paragraph 1 – point d – introductory part
(d) the allocations resulting from the application of point (c) are adjusted to ensure that the final allocation from the JTF results in a per capita aid intensity (measured on the basis of the entire population of the Member State) of at least EUR 64 over the entire period.
Amendment 884 #
2020/0006(COD)
Proposal for a regulation
Annex III – subheading 1
Annex III – subheading 1
REGIONAL POLICY Common output INDICATORS (‘RCO’) and REGIONAL POLICY Common result indicators (‘RCR’) for the Just Transition Fund29 _________________ 29For presentational reasons, indicators are grouped to provide for easier matching with the indicators included in other cohesion policy fund-specific regulations.for the Just Transition Fund29
Amendment 901 #
2020/0006(COD)
Proposal for a regulation
Annex III – subheading 1
Annex III – subheading 1
REGIONAL POLICY COMMON OUTPUT INDICATORS (‘RCO’) AND REGIONAL POLICY COMMON RESULT INDICATORS (‘RCR’) FOR THE JUST TRANSITION FUND2 2 For presentational reasons, indicators are grouped to provide for easier matching with the indicators included in other cohesion policy fund-specific regulations.FOR THE JUST TRANSITION FUND deleted
Amendment 902 #
2020/0006(COD)
Proposal for a regulation
Annex III – column 1 – Outputs – rows 7 and 8
Annex III – column 1 – Outputs – rows 7 and 8
RCO 39: Systems for monitoring air pollution installed for participants3 4: 3All output and result indicators related to participants are to be reported. All personal data are to be broken down by gender (male/female – non-binary). Where certain results are not possible, it is not necessary to collect and report data for those result indicators. When data are collected from registers, Member States do not need to align with commonly agreed definitions and may use national definitions.
Amendment 903 #
2020/0006(COD)
Proposal for a regulation
Annex III – column 2 – Results
Annex III – column 2 – Results
Amendment 34 #
2019/2195(INI)
Motion for a resolution
Recital K a (new)
Recital K a (new)
Ka. whereas the Just Transition Fund is being established to provide support to territories facing serious socio-economic challenges deriving from the transition towards a climate-neutral economy supporting, among other things, investments in regeneration and decontamination of sites, land restoration and repurposing projects;
Amendment 102 #
2019/2195(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Urges the Commission to explore areas where the sections of the Erasmus+ programme supporting education, training, youth and sport can be developed in depopulated rural areas to contribute to lowering the environmental footprint, promoting nature conservation, fostering cultural heritage curation, and benefiting social preservation;
Amendment 112 #
2019/2195(INI)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. Highlights the importance of sustainable participant inclusion in the local community, with the aim of achieving active citizenship and cultural exchange, as a key element in the Erasmus+ programme;
Amendment 117 #
2019/2195(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Points to the opportunity to establish a relationship with the European Parliament Ambassador School Programme, in order to enrich both programmes to support integration of the participants in the local community and to build knowledge of European citizenship among local students;
Amendment 148 #
2019/2195(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Calls on the Commission to launch comprehensive research and to publish a ‘good environmental practice’ guide, based on dialogue with concerned stakeholders, covering audiovisual and cultural production, dissemination and event organisation, with a particular focus on transport, energy and waste management and with the aim of making the practices concerned standard for all projects financed by the programme;
Amendment 157 #
2019/2195(INI)
Motion for a resolution
Paragraph 21 a (new)
Paragraph 21 a (new)
21a. Urges the Commission to investigate the creation of synergies with the Just Transition Fund to support repurposing projects aimed at the reconversion of spaces affected by closure due to the transition to a climate-neutral economy to create in them new cultural initiatives or to preserve their industrial heritage;
Amendment 160 #
2019/2195(INI)
Motion for a resolution
Paragraph 22 a (new)
Paragraph 22 a (new)
22a. Reminds the Commission of the importance of promoting cultural initiatives aimed at preserving cultural heritage, tangible and intangible, so that they are developed in a sustainable manner in full respect of their environmental conditions;
Amendment 163 #
2019/2195(INI)
Motion for a resolution
Paragraph 23 a (new)
Paragraph 23 a (new)
23a. Calls on the Commission to consider including in the Media strand of the Creative Europe programme the promotion of audio-visual projects aimed at fostering sustainability, energy efficiency and the protection of the environment;
Amendment 1 #
2019/2194(INI)
Motion for a resolution
Citation 14 a (new)
Citation 14 a (new)
- having regard to its resolution of 8 September 2015 ‘Towards an integrated approach to cultural heritage for Europe’,
Amendment 2 #
2019/2194(INI)
Motion for a resolution
Citation 14 b (new)
Citation 14 b (new)
- having regard to its report of 23 November 2018 on the New European Agenda for Culture,
Amendment 12 #
2019/2194(INI)
Motion for a resolution
Recital B
Recital B
B. whereas European cultural heritage is a source for remembrance and collective memory, the basis of our shared history and strengthens our common sense of belonging;
Amendment 17 #
2019/2194(INI)
Motion for a resolution
Recital D a (new)
Recital D a (new)
Da. whereas the strategic vision of the EYCH, articulated in its motto ‘Our Heritage: where the past meets the future”, remains valid as a guiding principle for its legacy aiming at building links between European cultural heritage and present cultural production, as well as fostering participation of European citizens;
Amendment 26 #
2019/2194(INI)
Motion for a resolution
Recital I
Recital I
I. whereas the expansion of the digital economyisation creates new possibilities and challenges for Europe’s cultural and creative sectors;
Amendment 33 #
2019/2194(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Considers that cultural heritage is an invaluable resource, enabling us to reflect on history and helping to identify not only different memories, but also the common threads that bind us all, thus promoting diversity, shared citizenship, social inclusion, dialogue, cohesion, solidarity and mutual understanding;
Amendment 47 #
2019/2194(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Stresses that European languages enable and promote the richness and diversity of European cultural heritage, as mother tongues are also used to transmit intangible cultural heritage; urges the Commission and the Member States to take greater action to protect and strengthen, develop, and promote language diversity in the digital age;
Amendment 57 #
2019/2194(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Stresses the importance of all types of education – formal, non-formal and informal – relating to history and cultural heritage, at all ages; reiterates its role in promoting European and global citizenship and the significance of including art, music, film and theatre, design and architecture in school curricula;
Amendment 59 #
2019/2194(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Emphasizes the need for an integrated approach to cultural heritage, particularly in the fields of education, innovation and research; calls for building on the achievements of the EYCH within the new Horizon Europe programme by strengthening the budget allocation for heritage research, better dissemination of the research conducted during the year and the development of an European heritage research framework after 2020;
Amendment 61 #
2019/2194(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. BelievesConsiders in this regard that the House of European History should become a knowledge and collaboration hub for young researchers from across the EU; is a vital instrument for the promotion of the common European cultural heritage; believes that it should become a knowledge and collaboration hub for young researchers from across the EU; calls to develop additional ways of promoting access to all European citizens to the House of European History from their home countries, among others, through digital tours, collaboration with Parliament's group visits, and the gradual establishment of a network of Houses of European History in all Member States; considers that the House of European History could enlarge its focus to cover more in depth the history of European integration, including its remote intellectual and historical roots;
Amendment 78 #
2019/2194(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Reiterates the need to improve socio-economic and labour conditions and gender balance and to promote mobility opportunities for different specialistoperators employed in the cultural heritage sector;
Amendment 83 #
2019/2194(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Welcomes the Commission’s proposal to set up a new Knowledge and Innovation Community (KIC) on cultural and creative industriesectors (CCIS) within the European Institute of Innovation and Technology (EIT);
Amendment 87 #
2019/2194(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Stresses the importance of digitising cultural material so as not only to preserve it for future generations (the storing function), but to also make it more easily accessible to a larger European and global audience by bringing cultural heritage online through curation and a multilingual digital offering (the social function);
Amendment 111 #
2019/2194(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Recognises that sustainable cultural tourism has a significant potential to generate growth and jobs in the EU, as already four out of ten tourists choose their destination on the basis of its cultural offering; notes, however, that cultural heritage offerings only recoup a minimal share of the economic value they generate, requiring thus new, alternative and stable sources of funding to continue to act as catalysers of sustainable tourism;
Amendment 114 #
2019/2194(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Urges the Member States to put strong mechanisms in place to prevent overexploitation of cultural heritage, including through unsustainable tourism flows; warns against the influence of short- term commercial interests that risk undermining the authenticity of cultural sites and practices and degrading their quality; notes that sustainable cultural tourism strategies should be developed with the participation of hosts communities;
Amendment 118 #
2019/2194(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Recommends further efforts to encourage travel to less well-known and less popular destinations and rural areas, as well as low-season travel, particularly for the elderly;
Amendment 127 #
2019/2194(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Reiterates that the illicit trafficking of cultural artefacts, including through digital channels, is a serious issue with a global dimension that requires coordinated action not only among Member States, but also at international level;
Amendment 128 #
2019/2194(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Calls on the Commission to adopt a more integrated approach towards cultural heritage, treatinggiving equal treatment to tangible, intangible, natural and digital heritage and approaching these dimensions as interconnected and inseparable;
Amendment 138 #
2019/2194(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Reiterates its request to the Commission concerning the setting-up of a single EU portal called 'Know Europe', bringing together information from all the EU programmes funding cultural heritage, together with the establishment of a common approach within the Commission through improved cooperation across the different policy areas relating to cultural heritage;
Amendment 139 #
2019/2194(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Stresses the need to establish and properly support a permanent platform, with organised civil society at its core, for cooperation and coordination on cultural heritage policies at EU levelall levels; notably national and European, and including all EU institutions; believes that this multilevel coordination forum is among the achievements of the EYCH and should set the standard for future working methods in the area of culture and heritage;
Amendment 143 #
2019/2194(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Notes that nearly three quarters of Europeans surveyed think public authorities should allocate more resources to cultural heritage; therefore highlights the need to increase EU funding to activities related to cultural heritage and reiterates the need to double the budget for the Creative Europe programme 2021- 2027;
Amendment 145 #
2019/2194(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Believes that the European Green Deal should include actions to mitigate the impact of climate change on cultural heritage and recognise that cultural heritage can play an important role in achieving the climate sustainability goals through education, research and the re- adaptation of sustainable European traditional practices;
Amendment 146 #
2019/2194(INI)
Motion for a resolution
Paragraph 25 a (new)
Paragraph 25 a (new)
25a. Highlights the solidarity efforts of the sector during the Covid-19 crisis to ensure citizen's access to cultural heritage offerings, notably through digitals means; calls on the European Commission for a throughout analysis of the impact of the Covid-19 pandemic on the cultural heritage sector and for a determinate support through targeted measures to overcome its impacts and to strengthen its digital dimension;
Amendment 152 #
2019/2194(INI)
Motion for a resolution
Paragraph 26 a (new)
Paragraph 26 a (new)
26a. Calls for the cultural dimension of European integration, including heritage, to be included in the strategic topics for discussion in the forthcoming Conference on the Future of Europe;
Amendment 15 #
2019/2132(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
B a. Whereas it is necessary to recognize the importance of the active contribution of national parliaments to the proper functioning of the EU and in ensuring respect for the principle of subsidiarity in accordance with the procedure enshrined in Protocol 2 TFEU on the application of the principles of subsidiarity and proportionality;
Amendment 25 #
2019/2132(INI)
Motion for a resolution
Recital E
Recital E
E. whereas respect for the rule of law is the cornerstone of democracy and underpins fundamental rights, and whereas the protection of fundamental rights and civil liberties, impartial, independent courts, media pluralism and independence, the respect of the legality by the subnational entities, and the fight against corruption and the infiltration of the legal economy by organised crime are essential to guaranteeing equal treatment before the law, protecting citizens’ rights, preventing abuses and ensuring accountability among public office holders;
Amendment 93 #
2019/2132(INI)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11 a. Acknowledges the work carried out by the European Commission and its respect for the principle of subsidiarity; recommends the development of a more political approach to the subsidiarity control mechanism in the EU, in order to develop a greater added value for citizens, and a further involvement of the European Committee of the Regions in this regard, which can have the role of the guardian of the principle of subsidiarity representing regional and local authorities;
Amendment 97 #
2019/2132(INI)
Motion for a resolution
Paragraph 11 b (new)
Paragraph 11 b (new)
11 b. Regrets the current structure of the procedure for the subsidiarity control mechanism compelling national parliaments’ committees for the EU to dedicate excessive time to technical and legal assessments with short deadlines, and complicating or preventing them to have a more political approach in their agendas and thus for discussing on European politics; reminds that in 2019, 159 reports and 0 reasoned opinion have been submitted, out of a total of 4918 and 439 respectively in the last 9 years; recalls that, as of today, the “yellow card” procedure has been activated only three times, and the “orange card” has never been used;
Amendment 103 #
2019/2132(INI)
Motion for a resolution
Paragraph 11 c (new)
Paragraph 11 c (new)
11 c. Strongly suggests a revision of the aforementioned mechanism with the aim of making it more functional and agile so local and regional authorities, and mostly national parliaments, are able to dedicate the essential time needed for a genuine debate on European politics, without being encompassed in a less efficient and counterproductive procedure;